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HomeMy WebLinkAbout2020-4161 - Ordinance - 03/09/2020ORDINANCE NO. 2020-4161 AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 3, “DEVELOPMENT REVIEW PROCEDURES,” SECTION 3-3, “ZONING MAP AMENDMENT (REZONING),” ARTICLE 4, “ZONING DISTRICTS,” SECTION 4-1, “ESTABLISHMENT OF DISTRICTS,” ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” SECTION 5-11, “SINGLE-FAMILY OVERLAY DISTRICTS,” ARTICLE 7, “GENERAL DEVELOPMENT STANDARDS,” SECTION 7-2.D, “REQUIRED YARDS (SETBACKS),” AND ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8- 3.H.2, “PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO NEIGHBORHOOD CONSERVATION OVERLAY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A, “Unified Development Ordinance Article 3, “Development Review Procedures,” Section 3-3, “Zoning Map Amendment (Rezoning),” Article 4, “Zoning Districts,” Section 4-1, “Establishment Of Districts,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-11, “Single-Family Overlay Districts,” Article 7, “General Development Standards,” Section 7-2.D, “Required Yards (Setbacks),” and Article 8, “Subdivision Design and Improvements,” Section 8-3.H.2, “Platting and Replatting within Older Residential Subdivisions,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”, Exhibit “D” and Exhibit “E” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. ORDINANCE NO. 2020-4161 Page 2 of 58 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. ORDINANCE NO. 2020-4161 Page 3 of 58 PASSED, ADOPTED and APPROVED this 9th day of March, 2020. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2020-4161 Page 4 of 58 Exhibit “A” That Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3-3, “Zoning Map Amendment (Rezoning),” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: Sec. 3.3. - Zoning Map Amendment (Rezoning). A. Purpose. To establish and maintain sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular area or in the City generally, or to rezone an area or extend the boundary of an existing zoning district. All amendments shall be in accordance with the Comprehensive Plan and may, from time to time, be amended. B. Initiation of Amendments. An amendment to the Official Zoning Map may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. The property owner(s). C. Amendment Application. A complete application for a zoning map amendment shall be submitted to the Administrator as set forth in the General Approval Procedures Section in Article 3 of this UDO and herein. ORDINANCE NO. 2020-4161 Page 5 of 58 As applicable, applicants shall submit the information, documents, and materials set forth in the Traffic Impact Analyses Section in Article 7 of this UDO. 1. Application requests for a Planned Development District (PDD) and Planned Mixed-Use District (P-MUD) shall provide the following additional information: a. A written statement of the purpose and intent of the proposed development; b. A list and explanation of the potential land uses permitted; and c. A Concept Plan as described in Concept Plan Review Section in Article 3 of this UDO. 2. Application requests for a Neighborhood Conservation Overlay District (NCO) shall provide the following additional information in accordance with the Neighborhood Conservation Overlay (NCO) Process Handbook. a. A copy of the original plat of the subdivision; b. A petition including dated signatures by property owners of at least fifty (50) percent plus one (1) of the total number of single-family zoned or developed building plots contained within the original subdivision in support of the overlay; c. Contact information for property owners of platted single-family development in the original subdivision to serve on the Neighborhood Conservation Overlay Petition Committee; d. Certificate of mailing neighborhood meeting notice for all property owners of single- family zoned or developed building plots contained within the original subdivision. e. Completed neighborhood meeting sign-in sheets; and f. Neighborhood meeting minutes signed by a Petition Committee Member. 3. Application request for a Historic Preservation Overlay District shall provide the following additional information: a. An inventory and survey of structures to be included in the rezoning, submitted on a form provided by the Historic Preservation Officer; b. A current photograph of each property included in the rezoning, and its improvements; c. Historical photographs, where available; and d. A completed Designation Report. Upon initiation of the historic designation procedure, the Historic Preservation Officer shall coordinate research to compile a written report regarding the historical, cultural, and architectural significance of the place or area proposed for historic designation at the request of the applicant, but the rezoning application will not be considered complete until the report has been completed. A Designation Report shall include a statement on each of the following to the extent that they apply: ORDINANCE NO. 2020-4161 Page 6 of 58 1) A listing of the architectural, archaeological, paleontological, cultural, economic, social, ethnic, political, or historical characteristics upon which the nomination is based; 2) A description of the historical, cultural and architectural significance of the structures and sites; 3) Identification of contributing and noncontributing resources to the proposed district; and 4) A description of the boundaries of the proposed Historic Preservation Overlay District, including subareas and areas where new construction will be prohibited. D. Approval Process. 1. Preapplication Conference. Prior to the submission of an application for a Zoning Map Amendment, applicants are encouraged to schedule and attend an optional preapplication conference in accordance with and for the purposes as set forth elsewhere in this UDO for preapplication conferences. If the Administrator determines that the map amendment request is not in conformity with the Comprehensive Plan, he shall not accept the application for the map amendment, and no further processing shall occur until the map amendment is in conformity. 2. Required Meetings. a. Neighborhood Meeting. Prior to the submission of an application for a Zoning Map Amendment for a NCO Overlay Rezoning, all potential applicants shall request to set up a Neighborhood Meeting with City Staff. b. Historic Preservation Officer. Prior to the submission of an application for a Zoning Map Amendment for a Historic Preservation Overlay District rezoning, all potential applicants shall request a Neighborhood Meeting with the Historic Preservation Officer. The purpose of the meeting is to present information about the proposed overlay and explain the process of rezoning to the neighborhood. 3. Review and Report by Administrator. With the exception of applications for Historic Preservation Overlay Districts, once the application is complete, the Administrator shall review the proposed amendment to the Official Zoning Map in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing. 4. Review and Report by Historic Preservation Officer. An application for a Historic Preservation Overlay District rezoning shall be reviewed by the Historic Preservation Officer, who shall review the proposed amendment in light of ORDINANCE NO. 2020-4161 Page 7 of 58 the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and the Historic Preservation Overlay District Section in Article 5, and give a report to the Landmark Commission on the date of the scheduled public hearing. 5. Referral to Landmark Commission. The Historic Preservation Officer, upon receipt of an application to amend the Official Zoning Map to a Historic Preservation Overlay District, shall refer the same to the Landmark Commission for study, hearing, and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission. 6. Recommendation by Landmark Commission. The Landmark Commission shall publish, post, and mail public notice in accordance with the General Approval Procedures Section in Article 3 of this UDO. The Landmark Commission shall hold a public hearing and make a recommendation to the Planning and Zoning Commission. 7. Referral to Planning and Zoning Commission. With the exception of applications for Historic Preservation Overlay Districts, the Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer the same to the Commission for study, hearing, and report. For an application to amend the Official Zoning Map to a Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study, hearing, and report with the report of the Landmark Commission. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. 8. Recommendation by Planning and Zoning Commission. The Planning and Zoning Commission shall publish, post, and mail public notice in accordance with the General Approval Procedures Section in Article 3 of this UDO. The Commission shall hold a public hearing and recommend to the City Council such action as the Commission deems proper. 9. City Council Action. a. Notice. The City Council shall publish, post, and mail public notice in accordance with the General Approval Procedures Section in Article 3 of this UDO, and hold a public hearing before taking final action on an application to amend the Official Zoning Map. b. Public Hearing. The City Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the Official Zoning Map. c. Effect of Protest to Proposed Amendment. ORDINANCE NO. 2020-4161 Page 8 of 58 If a proposed change to this UDO or rezoning is protested in accordance with Chapter 211 of the Texas Local Government Code, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council. The protest must be written and signed by the owners of at least twenty (20) percent of either the area of lots covered by the proposed change, or of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area. d. Review Criteria. In determining whether to approve, approve with modifications, or disapprove the proposed Official Zoning Map amendment, the City Council shall consider the following matters regarding the proposed amendment: 1) Whether the proposal is consistent with the Comprehensive Plan; 2) Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area; 3) Whether the property to be rezoned is physically suitable for the proposed zoning district; 4) Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district; 5) The marketability of the property; and 6) In addition, for proposed amendments to Historic Preservation Overlay Districts, the City Council shall consider if the proposed amendment contains property(ies) and an environmental setting which meets two (2) or more of the criteria for designation of a Historic Preservation Overlay District as described in the Historic Preservation Overlay District Section in Article 5 of this UDO. e. Effect of Historic Preservation Overlay District Zoning Upon Official Public Records . Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, Texas, the tax records of the City of College Station, and the Brazos County Appraisal District, as well as the official zoning map of the City of College Station. E. Limitation on Reapplication. If an application for rezoning is denied by the City Council, another application for reclassification of the same property or any portion thereof shall not be considered within a period of one hundred eighty (180) days from the date of denial, unless the Planning and Zoning Commission finds that one (1) of the following factors are applicable: 1. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision- ORDINANCE NO. 2020-4161 Page 9 of 58 making body's application of the relevant review standards to the development proposed in the application; 2. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; 3. A new application is proposed to be submitted that is materially different from the prior application (e.g., proposes new uses or a substantial decrease in proposed densities and intensities); or 4. The final decision on the application was based on a material mistake of fact. F. Repeal of a Single-Family Overlay District. A repeal of a single-family overlay district may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. By a petition including dated signatures by property owners of at least fifty (50) percent plus one (1) of the total number of single-family zoned or developed building plots contained within the original subdivision in support of the overlay. A repeal of a single-family overlay district is considered a rezoning and is subject to the Zoning Map Amendment requirements herein. (Ord. No. 2012-3449 , Pt. 1(Exh. E), 9-27-2012; Ord. No. 2018-3984 , Pt. 1(Exh. A), 2-8-2018) ORDINANCE NO. 2020-4161 Page 10 of 58 Exhibit “B” That Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4-1, “Establishment Of Districts” of the Code of Ordinances of the City of College Station, Texas is hereby amended in its entirety to read as follows: Sec. 4.1. - Establishment of Districts. Residential Zoning Districts R Rural WE Wellborn Estate E Estate WRS Wellborn Restricted Suburban RS Restricted Suburban GS General Suburban D Duplex T Townhouse MF Multi-Family MU Mixed-Use MHP Manufactured Home Park Non-Residential Zoning Districts NAP Natural Areas Protected O Office SC Suburban Commercial ORDINANCE NO. 2020-4161 Page 11 of 58 WC Wellborn Commercial GC General Commercial CI Commercial Industrial BP Business Park BPI Business Park Industrial CU College and University Planned Districts P-MUD Planned Mixed-Use District PDD Planned Development District Design Districts WPC Wolf Pen Creek Development Corridor Northgate NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate Overlay Districts OV Corridor Overlay RDD Redevelopment District NCO Neighborhood Conservation Overlay HP Historic Preservation Overlay Retired Districts ORDINANCE NO. 2020-4161 Page 12 of 58 R-1B Single-Family Residential R-4 Multi-Family R-6 High Density Multi-Family C-3 Light Commercial R&D Research & Development M-1 Light Industrial M-2 Heavy Industrial For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are hereby divided into the zoning, design, and overlay districts enumerated below. The intensity regulations applicable for such zoning districts are designated in Article 5 and the use regulations are designated in Article 6 of this UDO. (Ord. No. 2012-3450 , Pt. 1(Exh. B), 9-27-2012; Ord. No. 2013-3521 , Pt. 1(Exh. C), 9-12-2013; Ord. No. 2014-3624 , Pt. 1(Exh. B), 12-18-2014; Ord. No. 2016-3792 , Pt. 1(Exh. B), 7-28-2016; Ord. No. 2018-4001 , Pt. 1(Exh. C), 4-12-2018) ORDINANCE NO. 2020-4161 Page 13 of 58 Exhibit “C” That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-11, “Single-Family Overlay Districts” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: Sec. 5.11. - Single-Family Overlay Districts. A. Purpose. Single-Family Overlay Districts are intended to provide additional standards for demolitions, new construction, additions, and redevelopment in established neighborhoods. College Station's older, established neighborhoods provide a unique living environment that contributes to the stability and livability of the City as a whole. These standards are intended to promote development that is compatible with the existing character of the neighborhood and preserve the unique characteristics of College Station's older neighborhoods while balancing the need for the redevelopment of vacant or underutilized property. The underlying zoning district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underlying use and site restrictions. B. Applicability. The Single-Family Overlay Districts may only be applied to neighborhoods zoned and developed for single-family residences. C. General Provisions. 1. The yard, lot, building height, and open space regulations of the Single-Family Overlay Districts must be read in accordance with the yard, lot, building height and open space regulations in the Residential Dimensional Standards and Required Yards sections of this UDO. In the event of a conflict between the Single-Family Overlay Districts and these sections, the Single-Family Overlay District controls. 2. The City Council may approve a Single -Family Overlay District for the boundaries of original subdivisions. 3. An application for a Single Family Overlay District may be accepted by the City for review once a petition is signed by property owners of at least fifty (50) percent plus one (1) of the total number of single-family zoned or developed building plots contained within the original subdivision. 4. Single-Family Overlay Districts may not apply to neighborhoods originally platted in the last ten (10) years. D. Districts. ORDINANCE NO. 2020-4161 Page 14 of 58 1. Neighborhood Conservation Overlay Districts (NCO). a. Purpose. The Neighborhood Conservation Overlay District (NCO) is intended to protect and preserve single-family neighborhoods through a district that is focused on the specific needs of the neighborhood. NCO districts are based on in-depth study of the existing neighborhood conditions, and should be used to protect unique assets and qualities of the neighborhood. Conservation districts may be used for neighborhoods that offer a distinct character that its residents and the City wish to preserve and protect. b. Applicability. The regulations of the Neighborhood Conservation Overlay apply to all single-family and accessory structures within the district. c. General Provisions. 1) The standards set forward in a Neighborhood Conservation Overlay must be based on findings of the Petition Committee. 2) The petition committee may consist of property owners of platted single-family development from the original subdivision. d. Options for Inclusion. In applying for a Neighborhood Conservation District Overlay, the following items may be included as standards in the overlay. All single family development within the district shall be subject to the standards set forth in the rezoning ordinance. 1) Minimum Front Setback. If minimum front setback is selected for inclusion, the Petition Committee may select one (1) of the following methods of determining minimum front setback based on research of the subject neighborhood: a) Contextual front setbacks as provided for in Required Yards (Setbacks) section of this UDO; or b) Contextual front setbacks as provided for in the General Provisions of this Single-Family Overlay Districts section of the UDO; or c) Fixed front setback. A fixed front setback may be established, however, it may not be less than the setback of underlying zoning or more than the ORDINANCE NO. 2020-4161 Page 15 of 58 existing median front yard setback of structures in the district. 2) Minimum Side Street Setback. If minimum side street setback is selected for inclusion, the Petition Committee may select one (1) of the following methods of determining minimum side street setback based on research of the subject neighborhood: a) Contextual side street setbacks as provided for in Section5.2 Residential Dimensional Standards; or b) Fixed side street setback. A fixed side street setback may be established, however, it may not be less than the side setback of underlying zoning or more than the existing median side street setback of structures in the district. 3) Minimum Lot Size (Area, Width, and Depth). If minimum lot size is selected for inclusion, the Petition Committee may select one (1) of the following methods of determining the minimum size of new lots based on research of the subject neighborhood: a) Lot size (area and width) as provided for in the Platting and Replatting in Older Residential Neighborhoods subsection in Article 8, Subdivision Design and Improvements; or b) Contextual lot size as provided for in Section5.2 Residential Dimensional Standards; or c) Fixed lot size. A fixed lot size may be established, however, it may not be less than the lot size required of underlying zoning or more than the existing median size of building plots in the district. 4) Maximum Building Height. If maximum building height is selected for inclusion, the Petition Committee may select one (1) of the following methods of determining maximum building height based on the research of the subject neighborhood: a) Contextual building height as provided for in Section5.2 Residential Dimensional Standards; or ORDINANCE NO. 2020-4161 Page 16 of 58 b) Fixed building height. A fixed building height may be established, however, it may not be more than the maximum height allowed in the underlying zoning district or less than the median height of all residential structures in the district. 5) Tree Preservation. If tree preservation is selected for inclusion, the Petition Committee may choose to preserve any existing tree with a minimum of eight-inches in caliper or greater. Preserved trees must be in good form and conditionand reasonably free of damage by insects and/or disease, and located outside the buildable area. Any preserved tree(s) must be barricaded and preserved during demolition and/or construction. A barricade detail must be provided on the site plan. Trees must be barricaded with a one (1) foot per caliper inch radius measured from the tree trunk. Barricades must be in place prior to any development activity on the property including, but not limited to, grading and equipment on site. Choosing this option allows the Petition Committee to exclude specific tree species from preservation requirements. 6) Landscape Maintenance. If landscape maintenance is selected for inclusion, any existing canopy and non- canopy trees in good form and condition and reasonably free of damage by insects and/or disease located within the buildable area removed during construction must be replaced on site caliper for caliper, or as determined by the Administrator. 7) Maximum Impervious Surface. If maximum impervious surface is selected for inclusion, maximum impervious surface may be limited to any number between the calculated neighborhood median and the maximum, as allowed by the UDO. Impervious surface includes, but is not limited to, buildings, sidewalks, drives, all-weather surfaces, parking, rooftops, patios, decking, masonry, stone, and other alternative pavements. Alternative materials used for landscaping purposes in non-load bearing areas, and the water surface area within the walls of pools are not considered impervious surfaces. An area of gapped decking shall be calculated as fifty percent (50%) of the proposed decked area for the purpose of impervious cover. ORDINANCE NO. 2020-4161 Page 17 of 58 8) Garage A. Garage Access If garage access is selected for inclusion, the Petition Committee may choose one (1) of the following methods of garage access based on the most frequent method of garage access within the subject neighborhood: a) Front entry; or b) Side entry; or c) Rear entry. B. Garage Connection. If garage connection is selected for inclusion, the Petition Committee may select one (1) of the following garage connection types based on the most frequent method of garage connection within the subject neighborhood: a) Attached to the single-family structure; or b) Detached from the single-family structure. ORDINANCE NO. 2020-4161 Page 18 of 58 C. Garage Location. If garage location is selected for inclusion, the Petition Committee may select one (1) of the following garage locations based on the most frequent location of garages in relation to the primary single-family structure within the subject neighborhood: a) In front of the single-family structure; or b) To the side of the single-family structure; or c) To the rear of the single-family structure. D) Garage Size. If garage size is selected for inclusion, the Petition Committee may set a minimum garage size of one (1), two (2), or three (3) car garage per residential unit based on the most frequently occurring garage size within the subject neighborhood. E) Garage Requirement. If garage requirement is selected for inclusion, the Petition Committee may require that a garage be required on properties within the subject neighborhood 9) Off-Street Parking. If off-street parking is selected for inclusion, the Petition Committee may choose one (1) or more of the following off-street parking options within the subject neighborhood, however, it may only be included if including maximum lot coverage, garage access, connection, or location. a) Set a minimum off-street parking standard of three (3) spaces per residential unit; b) Set a maximum number of off street parking spaces ; c) Set a maximum parking area and location per yard; d) Set a required driveway width between 12 and 25 feet. ORDINANCE NO. 2020-4161 Page 19 of 58 10) Building Materials. If Building Materials is selected for inclusion, the Petition Committee may select required building materials and set a minimum percentage for the use of those materials for façades facing a right-of-way. Required materials may only include types of building materials used in the subject neighborhood. The rezoning petition should include a listing of all types of materials used in the district as well as the median percentage on building façades facing a right-of-way. The percentage of use of a required material may only be placed on façades facing a right-of-way and may not exceed the median existing percentage of the materials on building façades facing a right-of-way. 11) Fencing If Fencing is selected for inclusion, the Petition Committee may select required materials and maximum height. (Ord. No. 2012-3449 , Pt. 1(Exh. M), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. C), 9-27-2012; Ord. No. 2013-3471 , Pt. 1(Exh. C), 1-10-2013) ORDINANCE NO. 2020-4161 Page 20 of 58 Exhibit “D” That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards,” Section 7-2.D, “Required Yards (Setbacks)” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: Sec. 7.2. - General Provisions. A. Health and Environmental Safeguards. No machine, process, or procedure shall be employed on any property in the City, in which: 1. Emission of smoke, dust, or noxious, toxic or lethal gases are detectable beyond the perimeter of the property; 2. Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property, which are noxious, toxic, radioactive, contain oil or grease, wood, cellulose fibers, hair, feathers, or plastic, or have a pH factor greater than ten (10) or less than five (5); 3. Vibration is discernible beyond the property line; or 4. Noise above the ambient noise level is discernible beyond the property line. B. Minimum Requirements. 1. No building plot shall have lower or less stringent standards or dimensions than those prescribed for respective zones in this UDO. 2. No building permit or development approval may be issued for a lot that does not meet the minimum lot area requirements of this UDO except as provided for in Article 9, Nonconformities. 3. In the absence of public water or public sewer, no building permit shall be issued until the lot meets all applicable requirements of this UDO and the Texas Department of Health and Environmental Control. A septic system that has been approved by the Brazos County Health Department may be permitted if an exception to sewer service has been granted under Section 11-2 of the City of College Station Code of Ordinances, as amended. 4. Utilities using land or an unoccupied building covering less than one thousand (1,000) square feet of site area shall be exempt from minimum lot area standards. C. Visibility at Intersections in all Districts. Within a departure sight triangle as defined by the latest edition of the American Association of State Highway & Transportation Officials' (AASHTO) "A Policy on Geometric Design of Highways and Streets", nothing shall be erected, placed, planted, or allowed to grow in such a manner that would obstruct the drivers' view at intersections. Sight triangles shall apply to street intersections, commercial driveways, and multifamily driveways. Obstacles prohibited include but are not limited to: fences, walls, entry signage, structures, buildings, hedges, etc. However, fences, walls, and/or hedges that do not impair vision from three (3) feet to nine (9) feet above the curb may be permitted with the approval of the City Engineer. Required ORDINANCE NO. 2020-4161 Page 21 of 58 public use facilities such as fire hydrants, traffic signage, utility structures, etc. are exempted. D. Required Yards (Setbacks). 1. Purpose and Intent. a. Setbacks are measured from the property line; b. On lots with approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley; c. No structure that is taller than eight (8) feet in height and that has a roof structure that completely or partially blocks the view to the sky shall be located within the required setback area unless specifically allowed herein; d. No part of a yard or other open space required in connection with an y building, building plot, or use for the purpose of complying with this UDO, shall be included for any other building, building plot, or use as part of a yard or open space; and e. Where an existing lot was created by an approved plat prior to July 15, 1970 and the property is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map a new (infill) single-family dwelling unit shall use the adjacent lots to determine the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest neighboring units. Setbacks for areas zoned NCO, Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area. 2. Reduction for Public Purpose. a. When an existing setback is reduced because of a recent or pending conveyance to a federal, state, or local government for a public purpose and the remaining setback is at least fifty (50) percent of the required minimum setback for the district in which it is located, then that remaining setback will be deemed to satisfy the minimum setback standards of this UDO. b. For the purposes of this subsection, such conveyance shall have occurred within one (1) year immediately proceeding submittal for site plan approval, or be anticipated to occur within one (1) year of site plan approval. 3. Features Allowed Within Required Yards. The following features may be located within a required yard but may be subject to additional regulations applied herein: a. Trees, shrubbery, or other landscape features, excluding gazebos or other similar structures that require a building permit; b. Fences and walls; c. Driveways; d. Sidewalks; e. Utility lines, wires, and associated structures, such as power poles; ORDINANCE NO. 2020-4161 Page 22 of 58 f. Mechanical equipment such as air conditioning units, pool pumps, and similar equipment; g. Uncovered Porches, uncovered steps to building entrances, and uncovered patio decks; h. Covered Porches that are open on three (3) sides, may extend up to six (6) feet, including eaves, into any required front or side street setback; i. Openwork fire balconies and fire escapes may extend up to six (6) feet into any required rear setback; j. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features may extend up to eighteen (18) inches into any required yard; k. Balconies or decks located more than eight (8) feet from the ground may project up to six (6) feet into the required front yard; l. Accessory structures that do not require building permits; m. Bus stops that offer shelter from the elements. Such shelters may be located within a front or side street yard. Shelters may be located within a public right-of-way if a Private Improvement in Public right-of-way permit has been duly issued; and n. Swimming pools and hot tubs without shelter. E. More Than One (1) Principal Structure on a Lot or Parcel. 1. In any single-family or duplex residential district, no more than one (1) structure housing a permitted principal use may be erected on a single lot or building plot. 2. In all other districts, more than one (1) structure housing a permitted principal use may be erected on a building plot. Yard and other requirements herein shall apply to the building plot. F. Fences/Walls. Fences of wood, chain-link, or similar material, and less than eight (8) feet in height, and walls of brick, stone, concrete, or similar material, and less than six (6) feet in height, shall not be construed to be structures, nor shall they require a building permit. G. Building Plot. 1. Building plot refers to all of the land within an area defined by the Administrator that consists of one (1) or more platted lots for a single development. Such determination shall be made at the platting stage or at the time of site plan. 2. In the event that two (2) or more lots are under single ownership and the existing structure does not meet the required yard setback, both lots shall be construed as the building plot. 3. The Administrator shall determine the building plot using the following criteria: a. Contiguous properties that consist of less than two (2) acres and have one (1) or fewer frontages on a street classified as a collector or higher on the current Thoroughfare Plan will be consolidated and defined as one (1) building plot for the purposes of signage; ORDINANCE NO. 2020-4161 Page 23 of 58 b. Contiguous properties that develop according to a common plan or design for similar or compatible uses, which singularly or in phases, is treated as such for site plan review purposes including signage; or c. Contiguous properties that as determined by the Administrator need to be consolidated for ease of access, reduction of the proliferation of signage along the public right-of-way, or other public health, safety, or general welfare reasons. H . Low-Density Residential Height Protection . 1 . Purpose . The purpose of low-density residential height protection is to help mitigate negative visual impacts of higher-density residential and non-residential uses on adjacent, low- density residential uses and districts. This is accomplished by regulating the height of such higher-density residential or any non-residential uses when adjacent to low-density residential uses and districts. 2 . Applicability . a. This subsection shall apply to all multifamily and nonresidential structures to be constructed or reconstructed in any way that would increase the building height as defined in Section 11.2 Defined Terms of this UDO, on property adjacent to a detached single-family, manufactured home park, or townhouse use or district. b. Unless otherwise stated in this UDO, the regulations herein shall not apply to any of the following: 1. Structures located in NG, RDD, and P-MUD zoning districts; 2. Utility structures such as elevated water storage tanks and electrical transmission lines; 3. Individual architectural structures such as flagpoles, belfries, cupolas, spires, domes, monuments, chimneys, bulkheads, elevators, or chimney flues; or any other similar structure extending above the roof of any building where such structure does not occupy more than thirty-three (33) percent of the surface area of the roof; 4. Residential radio/television receiving antennas; 5. When the detached single family, manufactured home park or townhome use on the adjacent tract is nonconforming; 6. When the use on the adjacent tract is agricultural; or 7. Developments designed to be mixed use or that are within areas where it has been identified that redevelopment is appropriate, as shown on the Future Land Use and Character Map of the City's Comprehensive Plan. Such developments at the periphery of the mixed use area or area identified as appropriate for redevelopment shall meet the terms of Low-Density Residential Height Protection, when applicable. 3 . Slope Requirement . ORDINANCE NO. 2020-4161 Page 24 of 58 a. Multi-family and non-residential structures shall remain under an imaginary line formed by a 1:2 slope as illustrated by the inclined plane in the graphic below, where 'A' is located at the property line shared with a detached single-family, manufactured home park or townhouse use or district. When the adjacent lot is one dedicated by plat for detention or open area and is not buildable for a detached single-family house, townhouse, or manufactured home or residential amenity, the measurement shall be taken from the closest property line shared with a buildable detached single-family, townhouse, or manufactured home lot. b. In addition to the height limitations set forth above in this subsection, the following additional height limitations apply in WC Wellborn Commercial zoning: 1. No building may exceed two (2) stories; 2. Maximum eave height shall be twenty-four (24) feet; 3. Maximum overall height to peak of roof shall be thirty-five (35) feet; 4. Any structure with an eave height over fifteen (15) feet will be constructed to resemble a two-story facade; 5. Buildings located closest to detached single-family, manufactured home park or townhouse use or district and that are within fifty (50) feet of the property line are limited to one-story in height with an eave maximum of twelve (12) feet; and 6. An eave maximum of fourteen (14) feet in height is permitted when mechanical equipment is housed within a mezzanine. I. Public Address Systems. Public Address Systems shall not be audible to an adjacent residential use. J. Bicycle Facilities . 1. Number Required . a. For sites subject to the Non-Residential Architectural Standards of this UDO except for Mini-Warehouse/Self-Storage, Industrial and Manufacturing land uses, and property located in the Rural Zoning District. The number of bicycle parking spaces shall be as set forth in the chart below (Figure 1) and in any event no less than two (2) bicycle parking spaces must be provided. ORDINANCE NO. 2020-4161 Page 25 of 58 b. Bicycle Parking Requirements: The number of bicycle parking spaces shall be based on the required automobile parking spaces and shall be provided in accordance with the following. Fig. 1: Bicycle Parking Standard Chart c. Notwithstanding the above, in multi-tenant buildings in excess of twenty thousand (20,000) gross square feet, one (1) or more facilities capable of storing eight (8) bicycles shall be provided at a minimum. d. In MU Mixed-Use districts, bicycle storage facilities shall be provided at a rate [of] one (1) bicycle for every 15,000 square feet of non-residential uses, and one (1) bicycle for every two (2) dwelling units. e. Refer to the Alternative Parking Plan Section for the potential to substitute additional bicycle facilities for vehicular parking. 2. Placement and Design . a. Facilities shall be separated from motor vehicle parking to protect both bicycles and vehicles from accidental damage and shall be sufficiently separated from building or other walls, landscaping, or other features to allow for ease and encouragement of use. This separation shall be a minimum of three (3) feet. b. Bicycle Corrals: In areas with limited sidewalk space and frequent bicycle activity, bicycle parking may be provided in "bike corrals" located in the vehicular parking area adjacent to a curb. Design will be considered as context dictates as approved by the Administrator. Bicycle corrals shall be designed to distinguish and define the parking stall they inhabit for visibility and safety purposes. The corral should be well defined, such as generally surrounded by a painted white box on the pavement with flexible vertical delineators and a wheel stop where vehicles in adjacent parking spots might back into the corral. See example image below: ORDINANCE NO. 2020-4161 Page 26 of 58 c. Where bicycle facilities are provided for two (2) bicycles, a standard footprint which is at least four feet wide by six feet long shall be used. Fig. 2: Examples of Bicycle Parking Footprint and Dimensions d. Facilities shall be placed in clearly designated, safe, and convenient locations and such that no primary building entrance is further than one hundred fifty (150) feet from a bicycle facility. e. Bicycles may be permitted on sidewalks or other paved surfaces provided that the bicycles do not block or interfere with pedestrian or vehicular traffic. ORDINANCE NO. 2020-4161 Page 27 of 58 f. Bicycle facilities shall be constructed so as to enable the user to secure a bicycle by locking the frame and one (1) wheel of each bicycle parked therein . Facilities must be easily usable with both U-locks and cable locks and support the bicycle frame at two (2) points. Facilities shall be anchored securely to the ground. K. Pedestrian Facilities. 1. In SC Suburban Commercial and WC Wellborn Commercial districts, pedestrian connections adjacent to residential areas shall be provided as determined by the Administrator so as to enhance pedestrian, bicycle mobility, and connectivity. 2. In MU Mixed-Use districts, minimum eight (8) foot wide sidewalks shall be provided along all public rights-of-way, streets, and public ways adjacent to and within the development. 3. For sites subject to the Non-Residential Architectural Standards of this UDO except for MU Mixed-Use districts: a. Public entry façades of retail buildings that exceed 200 feet in horizontal length shall place a minimum ten (10) foot sidewalk along the full frontage of its public entry façade. Tree wells and planter boxes may be placed along this walkway and in a manner that does not obstruct pedestrian movement. Bike parking facilities are allowed in this area. Vehicular parking or cart storage is prohibited. Outside display is allowed but only if it does not occupy more than thirty (30) percent of this area and meets the requirements of Outside Storage and Display Section. b. A site or sites part of a building plot in excess of ten (10) acres shall provide designated connections among primary buildings and pad sites for pedestrian and bicycle traffic. Locations for sidewalks and bicycle parking facilities shall be provided and shown on the site plan. Pedestrian walkways may be incorporated into the landscape strips separating parking areas only if the strip is ten (10) feet in width. Pedestrian walkways shall be a minimum of five (5) feet wide and shall connect public street sidewalks, transit stops, parking areas and other buildings in a design that ensures safe pedestrian use. c. A site or sites part of a building plot in excess of ten (10) acres shall provide one plaza developed as an integral part of the development and not less than five hundred (500) square feet in area. This area shall not count toward required parking islands or area requirements of a parking concept as described in the Large Parking Lots Section. This area shall incorporate a minimum of three (3) of the following: 1. Seating components 2. Structural or vegetative shading* 3. Water features* 4. Decorative landscape planters* 5. Public Art* 6. Outdoor eating accommodations ORDINANCE NO. 2020-4161 Page 28 of 58 7. Hardscape elements at entrances and within the parking area such as decorative pavers, low masonry walls, clock towers, etc. * These public areas may be located within the parking landscape areas. (Ord. No. 2012-3449 , Pt. 1(Exh. I), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. E), 9-27-2012; Ord. No. 2012-3458 , Pt. 1(Exh. B), 11-8-2012; Ord. No. 2014-3624 , Pt. 1(Exh. I), 12-18-2014; Ord. No. 2015-3663 , Pt. 1(Exh. D), 5-28-2015; Ord. No. 2016-3792 , Pt. 1(Exh. E), 7-28-2016; Ord. No. 2016-3802 , Pt. 1(Exh. A), 8-25-2016; Ord. No. 2018-3990 , Pt. 1(Exh. A), 2-22-2018; Ord. No. 2018-3999 , Pt. 1(Exh. E), 4-12-2018; Ord. No. 2018-4060 , Pt. 1(Exh. A), 11-19-2018) ORDINANCE NO. 2020-4161 Page 29 of 58 Exhibit “E” That Appendix A, “Unified Development Ordinance, “Article 8, “Subdivision Design and Improvements,” Section 8-3.H.2, “Platting and Replatting within Older Residential Subdivisions,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: Sec. 8.3. - General Requirements and Minimum Standards of Design for Subdivisions within the City Limits. A. Suitability of Lands. The Commission shall approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public, the site is suitable for platting and development purposes of the kind proposed. B. Zoning and Other Regulations. No plat of land within the force and effect of an existing zoning ordinance shall be approved unless it conforms to such zoning and other pertinent regulations. C. Reserved Strips and Tracts Prohibited. A plat shall not provide reserved strips or tracts of land. In addition, the effect of phasing of a plat, provision of common area or other land or easement shall not unnecessarily restrict access to land, right-of-way, or easements dedicated or intended to be dedicated to the public by the subject plat or adjacent developments. D. Technical Standards. All public infrastructure shall be designed and constructed in accordance with the Bryan/College Station Unified Design Guidelines, Bryan/College Station Unified Technical Specifications, Bryan/College Station Unified Construction Details and all other applicable local, state, and federal requirements. Hereafter, these documents shall be referred to collectively as the "B/CS Unified Design Guidelines." Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only streets, alleys, water, waste water, drainage, and other public infrastructure that comply with these standards for construction. E. Streets. 1. Streets on the Thoroughfare Plan. Where a subdivision encompasses or is adjacent to a thoroughfare, as shown on the Thoroughfare Plan of the City, the thoroughfare shall be constructed and included in t he 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. ORDINANCE NO. 2020-4161 Page 30 of 58 b. Existing and planned streets and Public Ways in adjacent or adjoining areas shall be continued in alignment therewith. c. When land is subdivided into larger parcels rather than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivisions. 3. Street Projections. a. When a public street is provided internal to the platting property and adjoining areas are not platted, the platting subdivision shall provide street projections to such areas by projecting a public street at intervals no fewer than the maximum block length along the perimeter boundary of the subdivision. b. Where abutting properties are landlocked, a street connection or street frontage shall be provided through the platting property. c. In lieu of a public street, a Public Way may satisfy a required street projection when the Public Way is projected to future non-residential or multi-family development and can be continued through that development to a public street. 4. Adequate Street Access. a. One (1) external street connection is required for a street serving as roadway access for thirty (30) or fewer lots. b. When there are more than thirty (30) lots to be served by external street connections, a minimum of two (2) street connections to external paved public streets shall be required. The Commission may allow a Remote Emergency Access where development phasing or constraints of the land prevent the provision of a second street connection. Notwithstanding the foregoing, two (2) street connections to external paved public streets shall be required when one hundred (100) or more lots are served. c. Three (3) street connections to external paved public streets may be required by the Commission when two hundred (200) or more lots are served. d. Where more than one (1) external street connection is required, at least one (1) external street connection shall not be located over a potential hazard such as a high- pressure gas line or a creek where the one hundred-year floodplain overtops the street, regardless of its classification. 5. Intersections. In addition to the B/CS Unified Design Guidelines, proposed street and alley intersections shall meet the minimum spacing and requirements of the Access Management and Circulation section in Article 7 General Development Standards of this UDO. 6. Dead-End Streets. Dead-end streets shall be prohibited except short stubs to permit future extension. Temporary turnarounds shall be required for stubs in length of more than one hundred (100) feet or the depth of one (1) lot, whichever is less. ORDINANCE NO. 2020-4161 Page 31 of 58 7. Culs-de-Sac. a. The maximum length of a cul-de-sac is based on the designation on the Thoroughfare Plan Functional Classification and Context Class Map in the adopted Comprehensive Plan in which the cul-de-sac is located. The length of a cul-de-sac is measured along the centerline of the cul-de-sac street from the center of the bulb to the edge of the nearest intersecting through street right-of-way. Culs-de-sac shall not exceed the following lengths: 1) Four hundred fifty (450) feet in General Urban Context Zones; 2) One thousand two hundred (1,200) feet in Suburban Context Zones; and 3) One thousand five hundred (1,500) feet in Rural Context Zones. b. Culs-de-sac are not permitted in the Urban Core Context Zones unless the proposed subdivision is surrounded by platted property and where a through street is not possible. c. Regardless of length, culs-de-sac shall have no more than thirty (30) lots. 8. Geometric Standards, Street Design Criteria. a. Streets and alleys shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. b. Rural Residential subdivision streets may be constructed to either rural street standards or urban curb and gutter standards except that thoroughfares that continue beyond the boundary of a Rural Residential subdivision to an urban one shall be constructed to urban curb and gutter standards. 9. Existing Substandard Street Right-of-Way. a. Whenever an existing right-of-way is within or adjacent to a proposed subdivision and such right-of-way width is substandard, the additional width for the street shall be dedicated. For development occurring on only one (1) side of such a roadway, the amount dedicated shall generally equal one-half (½) of the deficiency in width based on the classification and type of street, as measured from the existing centerline of the right-of-way. If the parcel(s) on the opposite side of the right-of-way previously dedicated a portion, the proposed plat shall dedicate the remaining width. If the opposite side of the right-of-way has a permanent constraint such as a railroad right- of-way or conservation easement, the full width of the deficiency may be required. b. The Administrator may reduce, increase, or eliminate the amount of right -of-way dedication based on design considerations, existing land uses, existing development on adjacent properties, and dimensions of the proposed subdivision or plat. c. Notwithstanding the foregoing, additional right-of-way dedication is not required for Amending Plats. 10. Street Names and Addresses. a. Proposed streets that are extensions of existing streets shall bear the name of the existing street, unless otherwise recommended by the Administrator. ORDINANCE NO. 2020-4161 Page 32 of 58 b. New streets shall be named to prevent conflict or confusion with identical or similar names in the City, Brazos County 911 district, or the City's Extraterritorial Jurisdiction (ETJ). c. Streets shall not be named after any living person. d. A proposed street name may be disapproved if it too closely approximates phonetically the name of an existing street, is too difficult to pronounce, or carries undesirable meanings or connotations. e. Street addresses shall be assigned by the Administrator. F. Alleys. 1. Alleys may be required at the rear of all lots intended to be used for business pur poses and residential lots fronting a thoroughfare. 2. Alleys shall generally be parallel to the street that the lot it serves fronts. 3. Where two (2) alleys intersect, or where an alley turns, additional width may be required to allow turning of vehicles or guying of utility poles. 4. Dead-end alleys shall not be permitted, except where the alley is one hundred (100) feet or less in length or the width of one (1) lot, whichever is less. 5. Residential lots served by an alley shall only have driveway access via the alley. 6. Public alleys are prohibited in Rural Residential subdivisions. 7. Private alleys shall be constructed to public alley standards except that it shall be located within a common area or private access easement. The City reserves the right to not provide sanitation and fire service along private alleys. G. Blocks. 1. Blocks for single-family, duplex, and townhouse lots shall be platted to provide two (2) tiers of lots with a utility easement or alley between them. A single tier of lots may be used if the lots back up to a thoroughfare, railroad, or floodplain. 2. In order to provide a public street network that is complimentary to the Thoroughfare Plan and that ensures uniform access and circulation to areas intended for similar land use contexts, block length shall not exceed the following dimensions based on the designation on the Thoroughfare Plan Functional Classification and Context Class Map in the adopted Comprehensive Plan along which the block is located: a. Six hundred sixty (660) feet in Urban Core Context Zones; b. Nine hundred (900) feet in General Urban Context Zones; c. One thousand two hundred (1,200) feet in Suburban Context Zones; and d. One thousand five hundred (1,500) feet in Rural Context Zones. 3. If a plat is not bounded by a public through street or other qualifying break to block length then the block length measurement shall continue to extend each way beyond the plat along the public through street until the nearest intersecting through s treet or qualifying break to the block is reached. ORDINANCE NO. 2020-4161 Page 33 of 58 4. Reserved. 5. In lieu of a public street, non-residential and multi-family developments may opt to construct a Public Way to satisfy block length requirements when the Public Way connects two (2) public streets. The plat shall dedicate a public access easement that covers the entire width of the private drive and sidewalks for the Public Way. The private drive and sidewalks may be constructed with the development of the property. A Public Way shall not substitute for a thoroughfare identified on the City's Thoroughfare Plan. 6. Block length shall not require a new street, Public Way, or Access Way to enter the face of a block when: a. The surrounding area of the block is subdivided so that a through movement is not possible or a new block cannot be created. b. The development is zoned for single family uses and is being platted through a Development Plat or Minor Plat. H. Lots. 1. General Requirements. a. Lots shall be identified in numerical order within a block. b. Lot size and setback lines shall be in accordance with the applicable zoning requirements. c. Lots established for special purposes such as common area, open space, parkland, floodplain, drainage, utilities, or other similar facilities shall be uniquely named and are not required to meet the minimum dimensional standards for the applicable zoning district. d. Side lot lines shall be substantially right angle to straight right-of-way or radial to the curved right-of-way. e. Land located within the FEMA designated floodway shall not be included within a lot intended for residential occupancy. f. Lots shall be laid out so as not to cross municipal, county, school district, or utility service area boundaries. g. A subdivision shall not cause an existing structure to encroach into the setback of a proposed lot line. h. Single-family, duplex, and townhouse lots shall have frontage on a public street or a private street constructed to public standard. Lots intended for other uses that do not have frontage on a public street shall provide access via a Public Way or a private access easement containing a drive that meets City fire lane standards. The construction of the private drive may be delayed until the time of site development. i. No single-family dwelling, townhouse, or duplex lot shall have direct access to an arterial or collector thoroughfare; however, these lots may face toward a thoroughfare if driveway access is provided via a public alley. Notwithstanding the foregoing, single-family detached lots that are at least one hundred (100) feet in width may have direct access with the recommendation of the Administrator and ORDINANCE NO. 2020-4161 Page 34 of 58 approval of the Commission. Access restrictions and determinations shall be noted on the plat. 2. Platting and Replatting within Older Residential Subdivisions. a. This section applies to a subdivision in which any portion of the proposed subdivision meets all of the following criteria: 1) Such portion of the subdivision is currently zoned or developed for single- family detached residential uses as of January 1, 2002 with the exception of NG- 1, NG-2, NG-3, and NCO zoning districts; 2) Such portion of the subdivision is part of a lot or building plot that was located within the City limits when it was created on or prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970; and, 3) Such portion of the subdivision is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. b. In addition to the other provisions of this UDO, no plat or replat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision which meets the above criteria may be approved unless: 1) The plat does not create an additional lot or building plot; or 2) For a proposed plat which does create an additional lot or lots, the lot(s) must meet or exceed the average width of the lots along the street frontage for all of the lots in the block, including the subject lot(s) and contain at least eight thousand five hundred (8,500) square feet of space for each dwelling unit. For the purpose of determining the average lot width, a lot shall be defined to include the lot, lots and/or portions of lots that have been combined and used as a residential plot or building plot, as of July 15, 1970. The Administrator may include the lots on the opposing blockface when calculating the average lot width if the lots are similar in character and the Administrator may exclude lots to the rear when said lots are part of another subdivision or dissimilar in character. c. It is the applicant's responsibility to provide documentation during the application process regarding the original plat in which the lot was created and/or the configuration and ownership documentation of the properties since July 15, 1970. 3. Zero Lot Line Development. The following requirements apply to all proposed subdivisions with single-family residential lot line construction. a. Description. Zero lot line developments require planning for all house locations to be done at the same time. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. b. Setbacks. ORDINANCE NO. 2020-4161 Page 35 of 58 The side building setback shall be zero on one (1) side of the house. This reduction does not apply to the street side setback or to the interior side setback adjacent to lots that are not part of the zero lot line portion of the plat. The minimum distance between all buildings within the lot line development must be fifteen (15) feet. c. Eaves. Eaves may project a maximum of eighteen (18) inches, excluding non-combustible gutters, over the adjacent property line. d. Maintenance Easement. A maintenance easement shall be dedicated between the two (2) propert y owners to allow for maintenance or repair of the house built on the lot line. The easement shall be unobstructed, located on the adjacent property abutting the side wall and must be a minimum of seven and one-half (7.5) feet in width. Required maintenance easements shall be shown on the recorded plat. e. Privacy. Windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. All materials within three (3) feet of the property line shall be fire-rated to meet building code requirements. 4. Cluster Development. a. General Purpose. A cluster development is intended to provide open space, preserve unique environmental features, or protect the character of rural areas. It is a residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, base zoning district, but in which the overall density of all the lots collectively do not exceed the maximum density limit for the underlying zoning district. Through the cluster development option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the zoning district, though the individual lots within the development can be smaller than required in a conventional subdivision. The average lot size in a cluster development must be less than the minimum lot size of the base zoning district. Smaller lot sizes within a cluster development are required to be offset by the provision of open space as set forth below. b. Conflict with Other Regulations. If there is a conflict between the cluster development standards of this Section and any other requirement of this UDO, the standards of this Section control. Where no conflict exists, a cluster development is subject to all other applicable requirements of this UDO. c. Where Allowed. ORDINANCE NO. 2020-4161 Page 36 of 58 Cluster developments are allowed in residential WE Wellborn Estate, E Estate, RS Restricted Suburban, WRS Wellborn Restricted Suburban, and GS General Suburban zoning districts. d. Approval Procedure. Cluster Developments are subject to the subdivision procedures set forth in this UDO. A note shall be provided on the plat that states the subdivision is a cluster development with additional descriptions as necessary. e. Specific District Standards. 1. Wellborn Estate - a. Lot Size . The minimum lot size is one (1) acre as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over one acre and lot widths of one hundred (100) feet may use rural character roads. b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 2. Estate - a. Lot Size . The minimum average lot size is twenty thousand (20,000) square feet with an absolute minimum lot size of ten thousand (10,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over twenty thousand (20,000) square feet and lot widths of one hundred (100) feet may use rural character roads. Subdivisions containing any lots below twenty thousand (20,000) square feet must use urban street standards. b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. c. In the Wellborn Community Plan area, the cluster option may be used only in the area designated Wellborn Preserve-Open on the Comprehensive Plan Land Use and Character Map. 3. Wellborn Restricted Suburban a. Lot Size . The minimum average lot size is eight thousand (8,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. ORDINANCE NO. 2020-4161 Page 37 of 58 b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 4. Restricted Suburban - a. Lot Size . The minimum average lot size is eight thousand (8,000) square feet with an absolute minimum lot size of six thousand five hundred (6,500) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 5. General Suburban - a. Lot Size . The minimum lot size is three thousand seven hundred fifty (3,750) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. c. In the Wellborn Community Plan area as designated on the Comprehensive Plan Future Land Use and Character Map, the cluster option is not permitted. f. Open Space. 1. Description of Open Space. Any parcel or parcels of land or an area of water, or a combination of land and water within a development site provided and made legally available for the use and enjoyment of all residents of a proposed project. Open space may include amenities such as private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as a neighborhood amenity. Areas encumbered by right-of-way, easements, or utilized as parking may not be counted towards the Open space requirements. Open spaces must be privately owned and maintained by a Home Owners Association (HOA). Common open space must be set aside and designated as an area where no development will occur, other than project-related recreational amenities or passive open space areas. The Commission may require that up to fifty (50) ORDINANCE NO. 2020-4161 Page 38 of 58 percent of required common open space be useable recreational space, if deemed necessary by the Commission to ensure adequate recreational amenities for residents of the development. 2. Common Open Space Required for Cluster Developments. a. Minimum Requirement. 1. Common open space is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning district. 2. Common open space must be provided in an amount of at least ten (10) percent of the gross area of the development, or fifteen (15) percent of the gross area if the development is located in a Growth Area. 3. All proposed lots shall have direct access to the common open space, via access easement, sidewalk, or street. Common open space may be located at the rear of lots only when the space is designed for active recreation or a design concept is submitted to staff for approval. Examples of active recreation areas may include amenities such as sports fields, hike or bike trails, parks, amenity centers, and golf courses. 4. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The required common open space must be arranged to provide at least thirty (30) percent of the space in at least one (1) contiguous area. The minimum dimensions of such space must be twenty-five (25) feet by twenty-five (25) feet. The remaining required common usable open space may be distributed throughout the building site and need not be in one (1) such area; provided, however, no area containing less than one thousand (1,000) square feet will be considered common usable open space. 5. The minimum common open space area must be at least equal to the difference between: a. The actual, average lot area per dwelling unit within the cluster development; and b. The required lot area per dwelling unit for conventional development within the underlying base zoning district. 6. The common open space requirement shall not be credited toward the parkland dedication requirements specified in the City subdivision ordinance. I. Easements. 1. Drainage Easements and Rights-of-Way. a. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, a drainage easement or right-of-way may be required in accordance with the B/CS Unified Design Guidelines. ORDINANCE NO. 2020-4161 Page 39 of 58 b. No construction, including fences, shall impede, constrict, or block the flow of water. c. A drainage easement or right-of-way shall not be considered a part of the lot area for purposes of minimum lot size requirements of this UDO. d. When feasible, utilities may be located within drainage easements and rights-of- way. Likewise, enclosed storm drains may be contained in utility easements. In such instances, the utility easement width must be adequate to provide space for storm drains, utilities, and maintenance access. 2. Utility Easements. a. Minimum Utility Easements. 1) General Subdivisions. Except as expressly provided for otherwise in this UDO, each block that does not contain an alley shall have a utility easement at the rear of all lots. The rear utility easements shall be twenty (20) feet in width, taken ten (10) feet from each lot where the rear of the lots abut each other, and shall be continuous for the entire length of a block. These easements shall be parallel as closely as possible to the street line frontage of the block. 2) Rural Residential Subdivisions. For Rural Residential subdivisions, utility easements not less than sixteen (16) feet in width shall be provided along the front of all lots on each side of a street. Where the front easement is impractical on one (1) side of the street, a utility easement no less than twenty (20) feet in width shall be provided on the other side of the street as determined by the City. Additionally, utility easements ten (10) feet in width shall be required along the side and rear of all lots. b. Additional Utility Easements. Additional utility easements or additional easement width other than as described above may be required by the City Engineer or B/CS Unified Design Guidelines based on the number, size, configuration or depth of existing, proposed or anticipated utilities. Where the proposed subdivision adjoins an unplatted area or future phase of the subdivision, the City Engineer may require twenty-foot width of easement along the rear of lots adjoining the unplatted area and/or an additional ten (10) feet in width along the boundary of the subdivision or subdivision phase. c. Improvements in Easements. Buildings, signs, masonry walls, and other vertical structures that require a building permit are not permitted within utility easements. Landowners may place a fence in utility easements if unlocked gates are provided to allow free movement of excavating machines, maintenance equipment, and personnel throughout the full length of the easement. 3. Access Easements. ORDINANCE NO. 2020-4161 Page 40 of 58 a. A private access easement shall be required to provide access to property that does not have direct frontage to a public right-of-way or a Public Way. Private access easements may also be required when shared driveway access is necessary to meet driveway spacing requirements along a public street or Public Way. Driveways in required private access easements shall be constructed to City fire lane standards and their installation may be delayed until the time of site development. When private access easements are provided, construction and maintenance responsibilities shall be assigned and noted on the plat or the recorded volume and page of the access instrument shall be referenced on the plat. b. A public access easement shall be provided for a Public Way, for public sidewalks on private property, and when serving as an Access Way. Fences, gates, parking, or other obstructions that restrict or block access are prohibited. 4. Off-Site Easements. All easements outside the boundaries of a plat that are necessary for the installation of public infrastructure to serve the subdivision or development plat shall be acquired by the applicant and conveyed by an instrument approved by the City Attorney. 5. Non-Public Easements. Except as set forth herein, dedication of rights-of-way, easements, and public infrastructure shall not be encumbered by private easements that have pre-existing rights. Minor crossings are allowed. J. Access Ways. 1. Existing and planned Access Ways in adjacent or adjoining areas shall be continued in alignment therewith. 2. In Blockfaces over nine hundred (900) feet in length, an Access Way shall extend across the width of the block near the center of the block. 3. To provide additional pedestrian and bicycle circulation, an Access Way shall be required on a cul-de-sac street to connect to existing or planned facilities in the vicinity such as schools, parks, transit stops, and multi-use paths. 4. An Access Way may be required to provide additional pedestrian and bicycle circulation within a subdivision, between subdivisions, between culs-de-sac, or to provide access to schools, parks, shopping centers, multi-use paths, transportation, and other community facilities in the vicinity. 5. If an Access Way is greater than three hundred (300) feet in length then an additional access point to the Access Way shall be provided. K. Sidewalks . 1. Policy . Sidewalks should be located and constructed so as to provide a safe and effective means of transportation for non-vehicular traffic. 2. Required Sidewalks . ORDINANCE NO. 2020-4161 Page 41 of 58 a. Sidewalks shall be required on both sides of all streets except as follows or as provided elsewhere in this UDO. b. Where a multi-use path is shown along a street on the Bicycle, Pedestrian, and Greenways Master Plan, the sidewalk may be incorporated as part of the multi-use path. 3. Sidewalk Exceptions . Sidewalks are not required: a. Around the bulb of a cul-de-sac unless an access way is provided through the cul- de-sac; b. Along a street classified on the thoroughfare plan as a freeway/expressway; c. Along streets identified on the thoroughfare plan with an estate/rural context; d. Along new or existing streets within a Rural Residential subdivision constructed to the rural section; or e. Along existing local/residential streets unless sidewalks have been identified in the Bicycle, Pedestrian, and Greenways Master Plan or in the applicable neighborhood, district, or corridor plan. 4. Standards . Sidewalks shall be constructed in accordance with the following criteria: a. The B/CS Unified Design Guidelines and all applicable state and federal requirements; b. Consistent with the minimum standards necessary to meet the projected non- vehicular traffic demand in the area; c. Sidewalks shall maintain a minimum clear width as set forth in the B/CS Unified Design Guidelines ; and d. All sidewalks shall terminate into streets or driveways with ambulatory ramps. 5. Timing of Construction . Except as set forth below, all required sidewalks must be constructed concurrently with the street, or if the street is already constructed prior to acceptance of all public improvements. a. Residential Subdivisions . At the time of final plat application, the subdivider may opt to defer the construction of sidewalks on residential streets along single-family, duplex, or townhouse lots for up to one (1) year from approval of the final plat when the subdivider provides a bond or surety in accordance with Section 8.7 Construction, Guarantee of Performance, and Acceptance of Public Infrastructure. The subdivider shall provide a sidewalk plan with the final plat construction documents and installation of the sidewalks shall comply with this plan. Notwithstanding the foregoing, this provision does not allow the deferment of the construction of ORDINANCE NO. 2020-4161 Page 42 of 58 sidewalks along thoroughfares, sidewalk ramps at all street intersections, and sidewalks along residential streets that are not adjacent to a residential lot such as along a common area, creek crossing, or park. Other pedestrian facilities such as access ways and multi-use paths shall be constructed at the same time as the public infrastructure of the plat. b. Fee in Lieu of Construction . 1) Fee in Lieu . Except for development located within the Northgate zoning districts, a developer may request to pay a fee in lieu of constructing the required sidewalk(s) or multi-use path upon approval by the Administrator as set forth below. 2) Amount of Fee . The amount of fee in lieu of sidewalk construction shall be a unit cost determined by the City Engineer based upon current estimated costs. The unit cost fee shall be kept on file in the Office of Planning and Development Services and made available to the public upon request. The unit cost fee calculation shall be reviewed at least annually by the City Engineer and adjusted as necessary. 3) Criteria to Allow Fee in Lieu . The Administrator may authorize a fee in lieu of sidewalk or multi-use path construction when it is determined that one (1) or more of the following conditions exists: (a) An alternative pedestrian way or multi-use path has been or will be provided; (b) The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements contained herein is not physically feasible or is not in keeping with the purposes and goals of this UDO or the City's Comprehensive Plan; (c) A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months; (d) Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an Estate/Rural context; (e) When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, Greenways Master Plan; (f) The proposed development is within an older residential subdivision meeting the criteria in Section 8.3.H.2 Platting and Replatting within Older Residential Subdivisions of this UDO; or ORDINANCE NO. 2020-4161 Page 43 of 58 (g) The proposed development contains frontage on a freeway/expressway as designated by Map 6.6, Thoroughfare Plan-Functional Classification, in the City's Comprehensive Plan. 4) Use of Fee . The City Council hereby establishes sidewalk zones as show in the map attached as Figure 1 of this section and which map shall be kept in the Office of Planning and Development Services and made available to the public upon request. Fees collected in lieu of sidewalk or multi-use path construction shall be expended in the sidewalk zone within which the proposed development is located. Fees collected in lieu of sidewalk construction shall be used only for construction, reconstruction, or land acquisition costs associated with sidewalks, multi-use paths, and other non-vehicular ways. Figure 1 - Sidewalk Zone Map 5) Reimbursement . The City may, from time-to-time, acquire land for sidewalks or make sidewalk improvements related to actual or potential development. If this occurs, the City may require subsequent sidewalk obligations to be a fee rather than construction in order to reimburse the City for the cost associated with acquisitions or construction. 6) Fee Due . ORDINANCE NO. 2020-4161 Page 44 of 58 Fees paid pursuant to this section shall be remitted to the City when the guarantee of construction of public improvements for the proposed development is due or upon commencement of construction, whichever occurs first. 7) Special Fund; Right to Refund . All fees received by the City in lieu of sidewalk or multi-use path construction shall be deposited in a fund referenced to the sidewalk zone to which it relates. The City shall account for all fees in lieu of sidewalk construction paid under this section with reference to the individual development involved. Any fee paid for such purposes must be expended by the City within seven (7) years from the date received by the City. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the landowners of the property on the expiration of such period shall be entitled to a prorated refund of such sum. The owners of such property must request a refund within one (1) year of entitlement, in writing, or such refund will be barred. L. Bicycle Facilities. 1. General. Bicycle facilities are planned and located to provide connectivity to the existing street network, parks, schools, greenways, neighborhoods, and other key destinations; increase safety; and promote health and wellness. 2. Timing. Bicycle facilities shall be required in accordance with the Bicycle, Pedestrian and Greenways Master Plan and the B/CS Unified Design Guidelines and constructed along with other public infrastructure required pursuant to this UDO. 3. Types of Bicycle Facilities. There are at least three (3) types of bicycle facilities that may be required. These types include the following: a. Multi-Use Path: a facility completely separated from auto traffic and within an independent right-of-way or within the right-of-way of another public facility; b. Bike Lane: a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use and where vehicular parking is not permitted, unless otherwise specified; and c. Bike Route: a facility designated by signing and sometimes pavement markings to help make motorists aware of the presence of bicycles which share the same area with motor vehicles. 4. Geometric Design Criteria. All facilities shall be designed to meet or exceed standards set forth in the "Guide for Development of Bicycle Facilities" published by the American Association of State Highway and Transportation Officials (AASHTO) and the B/CS Unified Design ORDINANCE NO. 2020-4161 Page 45 of 58 Guidelines. Signing and pavement markings for such facilities shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Geometric design criteria for each type of bikeway facility are as follows: a. Bike Routes. Bike routes shall be indicated as follows: 1) The placement of bike route signing and shared lane pavement markings identifies bicycle-compatible streets that will serve as bike routes; 2) A minimum of sixteen-foot of the outer lane of streets measured from the outer lane line to the back of curb shall be required for bike routes. A typical bicycle route street is shown in Figure 1; and 3) Bike route signing should not end at a barrier. Information directing the bicyclist around the barrier should be provided. Figure 1: Bike Route/Bicycle Compatible Street b. Bike Lanes. Bike lanes shall be as follows: 1) The bike lane is located within the vehicular roadway in the outside lane and is intended for the exclusive use of bicycles. Bike lanes in the City of College Station must be developed as one-way facilities and carry traffic in the same direction as adjacent motor vehicle traffic; and 2) In general, parking in bike lanes is prohibited. However, parking may be permitted in a bike lane in specific areas during specified times. Where parking in a bike lane is permitted, signs shall be installed to provide notice to bicyclists of when parking is allowed. Parking in a bike lane shall be limited primarily to spillover parking for public uses or events, but parking for non-public uses may also be considered. c. Multi-Use Paths. ORDINANCE NO. 2020-4161 Page 46 of 58 The criteria for multi-use paths is as follows: 1) Multi-use paths should be located primarily in greenways, parks, or occasionally within street rights-of-way. If a multi-use path is to be located in the right-of-way of a street, there should be a minimum of five (5) feet separating the multi-use path from the roadway; 2) The standard width for a two-way multi-use path shall be ten (10) feet. In areas with projected high volumes of use, multi-use paths shall be twelve (12) feet wide; 3) The minimum width of a one-directional bicycle path is five (5) feet. It should be recognized, however, that one-way bicycle paths often will be used as two- way facilities unless effective measures are taken to assure one-way operation. Without such enforcement, it should be assumed that bicycle paths will be used as two-way facilities and designed accordingly; 4) A minimum of three-foot width graded area shall be maintained adjacent to both sides of the multi-use path to provide clearance from trees, poles, walls, fences, guard rails, or other lateral obstructions; and 5) Multi-use paths shall be located in a public access easement of a minimum twenty (20) feet in width. M. Water Facilities. 1. All subdivisions shall have access to water supply and distribution systems for adequate fire protection and domestic use. All water mains, distribution and service lines shall be provided to each lot and constructed in accordance with the B/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only water mains, distribution and service lines that comply with these standards for construction. 2. Water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 11, Utilities, of the College Station Code of Ordinances. 3. Where a subdivision contains a water line as shown on the Comprehensive Plan of the City, such water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. Water distribution lines shall be extended from the nearest City approved point of connection to the furthest boundary line of the platted subdivision. 5. For water systems that are not part of the City of College Station's water utility, the subdivider shall provide a letter with the construction documents from the non-City utility that the non-City utility is able to properly serve the proposed subdivision. Construction of all water facilities within a subdivision must comply with the B/CS Unified Design Guidelines. Plans for such systems will be subject to City review and inspection. City involvement with such water system ends at the sanitization of the line. N. Waste Water Facilities. ORDINANCE NO. 2020-4161 Page 47 of 58 1. All subdivisions shall have access to waste water facilities. All collection mains and service lines shall be provided to each lot and constructed in accordance with B/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only waste water facilities that comply with these standards for construction. 2. Waste water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 11, Utilities, of the College Station Code of Ordinances. 3. Where a subdivision contains a waste water line as shown on the Comprehensive Plan of the City, such waste water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. For waste water systems that are not part of the City of College Station's waste water utility, the subdivider shall provide a letter with the construction documents from the non- City utility that the non-City utility is able to properly serve the proposed subdivision. Construction of all waste water facilities within a subdivision must comply with the B/CS Unified Design Guidelines. Plans for such systems will be subject to City review and inspection. Waste water lines for these systems that are outside the subdivision are not required to meet City standards. 5. Alternate Waste Water Facilities. a. If waste water main extension is exempted as per Chapter 11, Utilities, of the College Station Code of Ordinances or if the subdivision is located outside of the City of College Station CCN or otherwise not served by the City, the subdivider may provide temporary alternative waste water disposal as follows and as may be conditioned by Chapter 11, Utilities, of the College Station Code of Ordinances or otherwise: 1) Organized Waste Water Collection and Treatment System. A subdivider may have a proposed subdivision served by a non-City organized waste water collection and treatment system. Such system must be permitted to dispose of wastes by the Texas Commission on Environmental Quality (TCEQ) in accordance with 30 TAC Chapter 305 and obtain approval of engineering, planning and materials for such systems under 30 TAC Chapter 317 from the TCEQ prior to approval of the final plat by the Planning and Zoning Commission. 2) On-Site Sewage Facilities. A subdivider may have a proposed subdivision served by on-site sewage facilities as set forth below: (a) On-site facilities which serve single-family or multi-family residential dwellings with anticipated waste water generation of no greater than five thousand (5,000) gallons per day must comply with 30 TAC Chapter 285 and other applicable law; ORDINANCE NO. 2020-4161 Page 48 of 58 (b) Proposals for sewerage facilities for the disposal of sewage in the amount of five thousand (5,000) gallons per day or greater must comply with 30 TAC Chapter 317 and other applicable law; (c) The Brazos County Health Department shall review proposals for on-site sewage disposal systems and make inspection of such systems as necessary to assure that the system is in compliance with the Texas Health and Safety Code, Chapter 366 and rule in 30 TAC Chapter 285, and in particular §§ 285.4, 285.5, and 285.30—285.39 and any other applicable rules or regulations within the purview of such department; and (d) In addition to the unsatisfactory on-site disposal systems listed in 30 TAC § 285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules. b. Sanitary Sewer Master Plan. A Gravity Sanitary Sewer Master Plan shall be designed for subdivisions that contain lots that are two (2) acres and smaller and that utilize alternative waste water disposal methods. This Master Plan is required to assure that all lots, at some future date, can be connected by gravity service line to the future sewer collection system. Adequately sized sewer lines shall be provided within the subdivision's sewer master plan such that they conform to the City's Utility Master Plan. All lines designed within this Master Plan shall meet the B/CS Unified Design Guidelines and all applicable state and federal regulations. This Master Plan shall consist of: verbiage explaining all design assumptions, plan and profile layouts of all future gravity lines to be constructed within the subdivision, and a minimum finished floor elevation established for each lot to assure a connection to the future gravity sewer collection system. All minimum finished floors established by this master plan shall be placed on the respective lots on the final plat. O. Special Flood Hazard Areas. All development encroaching into a FEMA special flood hazard area shall be in accordance with the B/CS Unified Design Guidelines, Chapter 13 Flood Hazard Protection Ordinance, and all applicable local, state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction. P. Drainage. 1. All drainage shall be in accordance with the B/CS Unified Design Guidelines, Chapter 13 Flood Hazard Protection Ordinance, and all applicable local, state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction. 2. Rapid conveyance, the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as ORDINANCE NO. 2020-4161 Page 49 of 58 means of mitigation, as provided in the B/CS Unified Design Guidelines and as may be required and approved by the City. 3. No construction shall impede, constrict, or block, the flow of water in any drainage pathway. 4. Lot Grading. a. Lots shall be laid out so as to provide positive drainage away from all buildings. Individual lot drainage shall be coordinated with the general storm drainage for the area. Drainage shall be designed so as to avoid the concentration of storm drainage water from each lot to adjacent developable lots. A subdivision grading plan shall be provided with the construction documents. A general drainage pattern that meets all applicable rules and regulations shall be provided for each proposed block and lot. Subsequent permits for each lot shall comply with the approved grading plan. b. All single-family residential lots must be graded to meet the elevation of adjoining property with positive drainage. Multi-family and non-residential lots shall be graded to match elevations at adjoining properties to provide good access and to minimize the use of retaining walls. Q. Gas or Oil Lines. 1. Identification. High pressure flammable gas or fuel lines are defined as those which are operated or may be expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum cover of thirty (30) inches, and shall be marked by an all-weather typed sign, installed at each crossing and at intervals of not more than three hundred (300) feet. The signs shall be installed by the utility company, state that the line is high pressure, identify the utility company name, provide an emergency phone number, and state the type of product or products transported therein. 2. Notification to Utility Company. The subdivider shall provide written notification to the utility company regarding any proposed construction over an existing facility or within a utility's easement and provide proof of such notification to the City Engineer. R. Street Lights. 1. General Standards. a. Street lights shall be designed and installed according to the utility standards in effect at the time of subdivision construction or addition thereto. b. The quantity, size, and type of street light pole and fixture shall be selected by the subdivider from the approved City of College Station street light standards. c. The subdivider shall furnish public utility easements for the installation of street lights, with said easements to normally be five (5) feet in width. ORDINANCE NO. 2020-4161 Page 50 of 58 d. Where underground electric service is provided, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. Where overhead electric service is provided, street lighting and site lighting equipment may be placed overhead or underground. 2. Street Light Locations. a. Street lights shall normally be required at all street intersections and Access Ways, in culs-de-sac, and at approximately three hundred-foot intervals along tangent streets. b. In Rural Residential subdivisions, street lights are only required at street intersections and at the end of culs-de-sac greater than three hundred (300) feet in length. The subdivider may request additional street lights at other locations within the subdivision, provided the frequency does not exceed the general subdivision location standards recited above. 3. Installation and Maintenance. a. The subdivider or his authorized construction representative shall be responsible for furnishing and installing all street light facilities in accordance with the electric utility's design and specifications and this UDO. All conduit installations shall be inspected prior to acceptance for conformance with the utility specifications. b. Street lights shall be owned and maintained by electric utility provider with Certificate of Convenience and Necessity (CCN) for that area. c. The electric utility provider shall not be responsible for the installation or maintenance of street lights on alleys, private streets or drives. S. Electric Facilities. 1. All subdividers shall ascertain which electric utility is certificated to serve the proposed subdivision. The electric utility design and facilities must meet all applicable City ordinances. 2. The electric utility will design the electrical system to all lots within a subdivision. 3. All electric utility service shall be installed underground in all subdivisions. All lateral electric lines and service lines supplying electric utility service shall be placed underground except Rural Residential subdivisions may have lateral electric lines and service lines supplying electric utility service placed overhead. 4. Overhead feeder lines may be placed in the following locations: a. Along the perimeter of a platted subdivision; b. Adjacent to or within the right-of-way of thoroughfares identified on the current Thoroughfare Plan of the City of College Station and approved for the location of overhead utilities; and c. Within alleys or dedicated easements identified for the location of aerial utility feeder lines on the approved subdivision plat. ORDINANCE NO. 2020-4161 Page 51 of 58 5. The subdivider shall dedicate public utility easements upon forms approved by City for the installation of electric utilities. All liens and other ownership interests shall be subordinated to the easement use. 6. Where electric service is placed underground, all auxiliary equipment for such service, including but not limited to transformers, junction enclosures and switching devices, shall be pad-mounted on grade or shall be placed underground. 7. Where the electric service is placed underground, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. The City or the electric utility shall not be responsible for the installation or maintenance of street lights on alleys, private streets or drives. 8. The subdivider shall be responsible for the costs and installation of all conduit needed for underground feeder, lateral, and service lines utilized to provide electric utility service to the subdivision. The developer of a platted lot shall be responsible for the costs and installation for the service conduit for such platted lot. The specifications for the conduit shall be provided by the electric utility prior to installation. All conduit installations shall be inspected prior to acceptance for conformance to utility specifications. 9. Temporary utility service may be provided via overhead line extension. 10. The subdivider shall contact the appropriate electric utility provider to determine any additional requirements. T. Monuments and Corner Markers. 1. All block corners, angle points and points of curves, and all corners of boundary lines of subdivisions shall be marked with a one-half-inch steel rod, two (2) feet in length, set in the center of a concrete monument six (6) inches in diameter and thirty (30) inches deep, with the top flush with the finished ground surface. 2. Where, due to topographic conditions, permanent structures or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be set as to assure a clear view between adjacent monuments. 3. Corner markers, consisting of a one-half-inch steel rod or three-fourths-inch pipe, two (2) feet in length, shall be driven flush with the ground surface to mark the corners of all lots. U. Owners Associations for Common Areas and Facilities. 1. A Homeowners Association or Property Owners Associ ation ("Owners Association") shall be established with direct responsibility to, and controlled by, the property owners involved to provide for operation, repair and maintenance of all common areas, fences, walls, gate equipment, landscaping, and all other common facilities, including private streets and sidewalks, which are part of the subdivision (the "Common Facilities"). 2. The Owners Association shall prepare and file for record a legal instrument establishing a plan for the use and permanent repair and maintenance of the Common Facilities and demonstrating that the association is self-perpetuating and adequately funded to accomplish its purpose and shall provide that the Owners Association hereby unconditionally and irrevocably agrees to indemnify, defend and hold the City and the ORDINANCE NO. 2020-4161 Page 52 of 58 City's officials, agents, employees and contractors harmless, from and against any loss, liability, demand damage, judgment, suite, claim deficiency, interests, fee, charge, cost or expense (including, without limitation, interest, court cost and penalties, attorney's fees and disbursement and amounts paid in settlement, or liabilities resulting from any charge in federal, state or local law or regulation or interpretation hereof) of whatever nature, even when caused in whole or in part by the City's negligence or the joint or concurring negligence of the City and any other person or entity, which may result or to which the City and/or any of the City's officials, agents, employees and contractors may sustain, suffer, incur or become subject to in connection with or arising in any way whatsoever out of the maintenance, repair use or occupation of the Common Facilities, or any other activity of whatever nature in connection therewith, or arising out of or by reason of any investigation, litigation or other proceedings brought or threatened, arising out of or based upon the operation, management, maintenance, repair and use of the Common Facilities, or any other activity in the subdivision. 3. The budget for the Owners Association shall include a fund reserved for the repair and maintenance of Common Facilities in the amount approved by the City staff. V. Private Streets and Gating of Roadways. 1. General Requirements. The following applies to platting of roadways: a. Gating of a public roadway is prohibited. b. Streets required to meet block length or street projection requirements shall not be private or gated. c. Private driveways are considered public roadways for the purpose o f 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. ORDINANCE NO. 2020-4161 Page 53 of 58 b. The legal instrument establishing the Owners Association must provide for a street maintenance agreement and reserve fund as well as written permission for the City's access to the subdivision all of which must be submitted for approval by the City Attorney prior to the submission of the final plat. c. The City must have access to private roadways at any time without liability when on official business. This includes permission to remove obstructions including any gate and guard (house) upon non-compliance by the Owners Association of any terms of this ordinance or as necessary for the emergency vehicle access. In the event the City must remove obstructions to access the development, the Owners Association will be assessed all costs substantially associated therewith. d. In the event the City deems that substantial repairs to private street(s) within a gated community are necessary in order to ensure safe access and passage for emer gency 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) ORDINANCE NO. 2020-4161 Page 54 of 58 h. The gated area shall provide a minimum unobstructed vertical clearance of fourteen (14) feet and six (6) inches from finished roadway surface over the entire width of the entry roadway. i. Public safety elements and signing shall be included in the gate entry way design. 4. Converting Private Streets to Public Streets. The following is required when converting private streets to public streets: a. Upon a written request signed by duly authorized Owners Association officers and submitted to the City Council of the City of College Station, dedication of private streets to the public may be accomplished providing the private streets are brought up to City standards for public streets and the City Council has agreed to accept the streets. b. The written request by the Owners Association officers will be accompanied by a petition containing the signatures of the owners of one hundred (100) percent of the existing lots in the subdivision, except when in the public interest. c. All repairs or reconstruction of private streets to City standards must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the Owners Association. 5. Existing Gates. Any gate as defined by this Section existing at the time of adoption of these provisions (Ordinance #2280) which has received an approval from either the City or the County is deemed exempt from the requirements of this Section except when the City must remove such gates in order to ensure the access for the immediate health, safety, and welfare of the public. The Owners Association responsible for such gate assumes all costs associated therewith. ORDINANCE NO. 2020-4161 Page 55 of 58 Figure 1 Figure 2 ORDINANCE NO. 2020-4161 Page 56 of 58 W. Single-Family Residential Parking Requirements for Platting. 1. Purpose. The purpose of this Section is to establish requirements for new single-family and townhouse parking to aid in reducing neighborhood parking problems and maintain certainty of access for emergency vehicles on local streets. 2. General Requirements. This Section applies to all new single-family and townhouse subdivisions. a. Each phase of a multi-phase project shall comply with this Section. b. Subdivisions may utilize multiple Residential Parking Options so long as each phase meets requirements and all options are listed on the plat. c. Replats, Amending Plats, Vacating Plats, and Development Plats are exempt from this section unless new streets are proposed with the subdivision. d. All "No Parking" areas shall be depicted on the Preliminary Plan. e. All "No Parking" signs shall be placed along the street to ensure adequate emergency access. The developer shall provide and install, at no cost to the City, all "No Parking" signs and associated poles and hardware to the City's specifications. f. Parking only may be removed on one or both sides of a street upon the City Council approving an ordinance removing parking from the street. g. Where on-street or alley parking is utilized in a townhouse subdivision, driveways shall be designed to allow a minimum of one (1) on-street or alley parking space per four (4) dwelling units. Driveway layouts shall be provided with the final plat. 3. Residential Parking Options. In order to provide adequate access for emergency vehicles, new single-family and townhouse subdivisions shall provide one option from the following: a. Wide Streets 1) Pavement width shall be a minimum of thirty-two (32) feet, up to a maximum of thirty-eight (38) feet. 2) In addition to the right-of-way specified for the Residential Street Section in the B/CS Unified Design Guidelines, additional right-of-width shall be dedicated equivalent to the increase in pavement width over twenty-seven (27) feet. 3) In order to minimize adverse traffic impacts on residential neighborhoods, bulb-outs shall be provided at intersections of local streets. Bulb-outs shall not be required where a local street intersects a street classified as a collector or greater. ORDINANCE NO. 2020-4161 Page 57 of 58 4) As determined by the Development Engineer, engineering judgment shall override the requirement for bulb-outs set forth in this section if warranted by specific traffic conditions. b. Narrow Streets 1) Pavement width shall be a minimum of twenty-two (22) feet, up to a maximum of twenty-four (24) feet. 2) No parking is allowed on Narrow Streets, so as to ensure emergency vehicle access. Narrow Streets must meet fire service standards as described in the City of College Station Site Design Standards. 3) To provide adequate parking in residential neighborhoods, subdivisions choosing to incorporate narrow streets shall incorporate additional parking spaces through either the provisions of visitor alley-fed parking areas or visitor parking areas. (See additional requirements for visitor alley-fed off- street parking and visitor parking areas below). c. Standard Streets 1) Standard Streets shall be designed in accordance with the Residential Street Section in the B/CS Unified Design Guidelines. 2) Parking shall be removed from one (1) or both sides of Standard Streets. 3) To provide adequate parking in residential neighborhoods, subdivisions choosing to remove parking from both sides of a Standard Street shall incorporate additional parking spaces through the provisions of Visitor Alley-Fed Off-Street parking or Visitor Parking Areas. Visitor Alley-Fed Off-Street Parking and Visitor Parking Areas have additional requirements, as specified below. d. Wide Lot Frontages 1) All lot widths shall be a minimum of seventy (70) feet, as measured at the front setback. e. Visitor Alley-Fed Off-Street Parking 1) Visitor Alley-Fed Off-Street Parking spaces shall be provided at a rate of one (1) parking space per four (4) dwelling units. Visitor Alley-Fed Off- Street Parking is in addition to minimum off-street parking requirements. The Off-Street Parking Standards Section of this UDO lists additional requirements. 2) Off-street parking spaces shall be located in an access easement or private common area. f. Visitor Parking Areas 1) Visitor parking shall: a) be provided at a rate of one (1) parking space per four (4) dwelling units, ORDINANCE NO. 2020-4161 Page 58 of 58 b) meet requirements of Off-Street Parking Standards and Access Management and Circulation sections, except requirements of Alternative Parking Plans, and except as specifically exempted below; c) be developed at the same time as public infrastructure, d) be located no farther than five hundred (500) feet from the lot it is meant to serve. This distance shall be measured by a walkable route, e) be located in a common area and maintained by a Homeowners Association, f) be designed to prohibit backing maneuvers onto public streets, with the exception that two (2) or fewer parking spaces constructed to single- family driveway and parking standards are permitted backing maneuvers when accessing a local street. g) not be counted towards common open space requirements for Cluster Developments. 2) Visitor parking areas adjacent to a right-of-way shall be screened from the right-of-way. Screening is required along one hundred (100) percent of the street frontage (such as ten (10) shrubs for every thirty (30) linear feet of frontage), with the exception of areas within the visibility triangle. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of three (3) feet above the parking lot pavement elevation. Walls and planting strips shall be located at least two (2) feet from any parking area. Where the street and the adjacent site are at different elevations, the Administrator may alter the height of the screening to ensure adequate screening. Fifty (50) percent of all shrubs used for screening shall be evergreen. Two (2) or fewer parking spaces constructed to single-family driveway and parking standards are not required to be screened from the adjacent right-of-way. 3) Visitor parking areas may be constructed of permeable surfaces as allowed in the Off-Street Parking Standards. 4. Private parking constructed for the use of subdivision amenities, such as a community pool, may be counted toward Visitor Parking, if it meets all other requirements listed above and does not use permeable materials for private parking area surfaces. Per Ordinance No. 2011-3308 (January 13, 2011) (Ord. No. 2012-3435 , Pt. 1(Exh. A), 8-9-2012; Ord. No. 2012-3449 , Pt. 1(Exh. K), 9-27-2012; Ord. No. 2012-3458 , Pt. 1(Exh. C), 11-8-2012; Ord. No. 2013-3518 , Pt 1(Exh. A), 9-12-2013; Ord. No. 2013-3521 , Pt. 1(Exh. M), 9-12-2013; Ord. No. 2013-3522 , Pt. 1(Exh. E), 9-12-2013; Ord. No. 2016-3792 , Pt. 1(Exh. F), 7-28-2016; Ord. No. 2015-3699 , Pt. 1(Exh. A), 9-21-2015; Ord. No. 2017-3886 , Pt. 1(Exh. A), 5-11-2017; Ord. No. 2018-4034 , Pt. 1(Exh. A), 8-23-2018; Ord. No. 2019-4078 , Pt. 1(Exh. A), 3-14-2019; Ord. No. 2019-4086 , Pt. 1(Exh. A, Exh. B, Exh. C), 3-28-2019)