HomeMy WebLinkAbout2024-4496 - Ordinance - 01/25/2024ORDINANCE NO. 2024-4496
AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 2, “DEVELOPMENT REVIEW BODIES,” SECTION 2.12,
“SUMMARY OF REVIEW AUTHORITY,” ARTICLE 3 “DEVELOPMENT REVIEW
PROCEDURES,” SECTION 3.2.G.1, “SUMMARY OF NOTICE REQUIRED,” SECTION
3.2.J.3.c, “TIME FOR FILING PETITION AND SUPPORTING DOCUMENTATION,”
SECTION 3.2.J.6, “EXPIRATION OR FAILURE TO FILE APPLICATION,” SECTION
3.7 “PLATS,” ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,”
SECTION 8.3.A, “SUITABILITY OF LANDS,” SECTION 8.3.N.5.a.1, “ORGANIZED
WASTEWATER COLLECTION AND TREATMENT SYSTEM,” SECTION 8.7.B,
“GUARANTEE OF PERFORMANCE,” AND SECTION 8.9, “CERTIFICATIONS” OF
THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS RELATING TO THE DELEGATION OF
PLATTING AUTHORITY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Appendix A, “Unified Development Ordinance,” Article 2, “Development
Review Bodies,” Section 2.12, “Summary of Review Authority,” Article 3
“Development Review Procedures,” Section 3.2.G.1, “Summary of Notice
Required,” Section 3.2.J.3.c, “Time for Filing Petition and Supporting
Documentation,” Section 3.2.J.6, “Expiration or Failure to File Application,”
Section 3.7 “Plats,” Article 8, “Subdivision Design and Improvements,” Section
8.3.A, “Suitability of Lands,” Section 8.3.N.5.a.1, “Organized Wastewater
Collection and Treatment System,” Section 8.7.B, “Guarantee of Performance,”
and Section 8.9, “Certifications” of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A,” Exhibit “B,” Exhibit “C,”
Exhibit “D,” Exhibit “E,” Exhibit “F,” Exhibit “G,” Exhibit “H,” and Exhibit
“I,” attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
ORDINANCE NO. 2024-4496 Page 2 of 24
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
PASSED, ADOPTED and APPROVED this 25th day of January, 2024.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_____________________________
City Attorney
ORDINANCE NO. 2024-4496 Page 3 of 24
Exhibit A
That Appendix A, “Unified Development Ordinance,” Article 2, “Development Review Bodies,”
Section 2.12, “Summary of Review Authority,” of the Code of Ordinances of the City of College
Station, Texas, is hereby amended to read as follows:
“The following table summarizes the authority of the various review bodies and staff.
Summary of Review Authority
Development Review
Procedure
City
Council
Planning
and Zoning
Comm.
Zoning
Board
of Adj.
Design
Review
Board
Land.
Comm.
Bike,
Ped. &
Grnwy
Admin. Building
Official
Dev.
Engr.
KEY: A = Appeal R = Recommend D = Final Action/Decision RR = Review/Report
CITY COUNCIL
Oversize Participation D RR
Development Agreement D RR R
Conditional Use Permit D R RR
Official Zoning Map
Amendment
D R RR
Official Zoning Map
Amendment (HP)
D R R RR
P-MUD/PDD Concept Plan D R RR
Unified Development
Ordinance Text Amendment
D R R RR
Comprehensive Plan
Amendment
D R R RR
Impact Fee/CIP Priorities D R R RR
Annexations D R RR
Municipal Utility Districts D R RR
PLANNING AND ZONING COMMISSION
Preliminary Plan or Plat with
Discretionary Item
A D RR R
Preliminary Plan or Plat with
Waiver of Subdivision Standard
A D RR R
Development Exaction Appeal A D RR
ZONING BOARD OF ADJUSTMENT
Variance D RR R RR
Administrative Appeal D RR
Official Zoning Map
Interpretation
D RR
DESIGN REVIEW BOARD
Site Plan in WPC A D R
Building/Sign Permit Review in
WPC
A D
Parking Waivers in WPC A D RR
Waivers in NG D RR
Non-Residential Architectural
(NRA) Standards Waiver
D RR
NRA Standards Alternative
Compliance
D RR
ORDINANCE NO. 2024-4496 Page 4 of 24
LANDMARK COMMISSION
Certificates of Appropriateness A D RR
Certificates of Demolition A D RR
ADMINISTRATOR
Architectural Reviews D
Interpretation A (a) A D
Sign Permit A D
Site Plan A (b) D R
Administrative Adjustment A D
WPC Building or Sign, Minor A D
Preliminary Plan (no
discretionary item or
subdivision waiver)
D R
Plat (no discretionary item or
subdivision waiver)
A D R
P-MUD/PDD Concept Plan
Minor Amendment
A D
Certificate of Appropriateness,
Routine Maintenance Work
A D
NG Roof Color Palette
Amendment
A D
Alternative Parking Plans A D
Determination of Plat
Applicability
A D R
BUILDING OFFICIAL
Building Permit D
Certificate of Occupancy R D R
Certificate of Completion R D R
DEVELOPMENT ENGINEER
Development Permit D
Driveway Application A D
Alternative Construction
Material
A D
Notes:
(a) Standards of Article 8, Subdivision Design and Improvements only.
(b) Standards of the Site Plans Section and the Site Plans in WPC Wolf Pen Creek Section of
Article 3, Development Review Procedures of this UDO only.”
ORDINANCE NO. 2024-4496 Page 5 of 24
Exhibit B
That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review
Procedures,” Section 3.2.G.1, “Summary of Notice Required,” of the Code of Ordinances of the
City of College Station, Texas, is hereby amended to read as follows:
“G. Required Public Notice.
1. Summary of Notice Required.
Notice shall be required for development review as shown in the following table.
Summary of Notice Required
Application Type Published Mailed Agenda
Posted
Comprehensive Plan Amendments X X (a) X
Official Zoning Map Amendments (Rezonings) X X X
Unified Development Ordinance Text
Amendments
X X
Conditional Use Permits X X X
Plats X (b) X (b) X
Design District – Site Plans/Building Permits X
Certificates of Appropriateness X
Certificates of Demolition (No economically viable
use)
X X X
Variances X X X
Appeals – Site Plan and Driveway X
Waivers – Subdivision Design X (b) X (b) X
Waivers – Buffer Requirements X
Administrative Appeals X X
Development Exaction Appeals X
Notes:
(a) Applies only to amendments to the Comprehensive Plan Future Land Use & Character Map.
This shall not apply to major evaluations and updates to the Comprehensive Plan, which have
their own public notification and input processes.
(b) Only when required per the Texas Local Government Code, as amended.”
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Exhibit C
That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review
Procedures,” Section 3.2.J.3.C, “Time for Filing Petition and Supporting Documentation,” of the
Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
“c. Time for Filing Petition and Supporting Documentation.
A petition for relief from a dedication or construction requirement shall be submitted to the
Development Engineer within fourteen (14) calendar days following the Administrator’s or
Planning and Zoning Commission’s decision to approve, conditionally approve or deny an
application. The information in support of the petition as set forth above shall be submitted to
the Development Engineer within sixty (60) calendar days following the initial decision
unless the applicant (petitioner for relief) seeks an extension in writing. The Development
Engineer may extend the time for submitting the information for a period not to exceed an
additional thirty (30) calendar days for good cause shown.”
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Exhibit D
That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review
Procedures,” Section 3.2.J.6, “Expiration or Failure to File Application,” of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
“6. Expiration or Failure to File Application.
Where an application was denied based upon the imposition of the standard requiring the
dedication of land or construction of a required public infrastructure and the Administrator’s or
Planning and Zoning Commission’s decision, if not further appealed (or the City Council’s
decision if further appealed as applicable), is to grant some level of relief, the applicant must
resubmit the application within sixty (60) calendar days following the date the relief is granted.
If such re-submittal of the application is not made within the sixty (60) day period, the relief
granted by the Commission (or City Council as applicable) on the petition shall expire.”
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Exhibit E
That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review
Procedures,” Section 3.7 “Plats,” of the Code of Ordinances of the City of College Station, Texas,
is hereby amended to read as follows:
“Plat Review Process
A. Applicability.
This Section applies to the subdivision and development of property as set forth herein.
1. Subdivision Plat Required.
a. Subdivision of property within the city limits or extraterritorial jurisdiction is required to be
approved in accordance with applicable state law and as set forth herein when one (1) or
more of the following occurs:
1) The division of land (for any purpose) into two (2) or more parcels to lay out a
subdivision of the tract, including an addition to the city, to lay out suburban, building, or
other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to
be dedicated to public use or for the use of purchasers or owners of lots fronting on to or
adjacent to the streets, alleys, squares, parks or other parts;
2) Development on a parcel not previously legally subdivided;
3) Resubdivision of land that has previously been platted; or
4) Amendment of any approved plat.
b. Types of Subdivision Filings.
ORDINANCE NO. 2024-4496 Page 9 of 24
1) Preliminary Plans.
A preliminary plan is required for the subdivision of all tracts of land within the city
limits or extraterritorial jurisdiction, except as otherwise set forth in this UDO. A
preliminary plan shall include the entire parent survey or tract of land under common
ownership.
2) Final Plats and Replats.
A final plat is required for the subdivision of all property within the city limits or
extraterritorial jurisdiction. A final plat shall include the entire preliminary plan area or
less when the final plat adheres to the phasing identified on the approved preliminary
plan. The final plat shall conform to the preliminary plan as approved by the
Administrator, provided it incorporates all changes, modifications, corrections, and
conditions imposed by the Administrator; and provided further, that it conforms to all
requirements of these regulations and the Comprehensive Plan.
3) Minor Plats and Amending Plats.
A preliminary plan shall not be required prior to the application of a minor plat or
amending plat. Amending plats are as described in Chapter 212 of the Texas Local
Government Code, as amended. Minor plats or replats involve four (4) or fewer lots
fronting on an existing street and do not require the creation of any new street or the
extension of municipal facilities.
4) Vacating Plats.
A vacating plat shall adhere to the requirements of Chapter 212 of the Texas Local
Government Code, as amended. Vacating plats shall be processed and reviewed in the
same manner as a final plat.
c. Exemptions from Subdivision Plat Requirement.
The following subdivisions are exempt from subdivision plat requirements:
1) A division of land into parts greater than five (5) acres within the city limits and greater
than ten (10) acres in the extraterritorial jurisdiction, where each part has access, and no
public improvement is being dedicated;
2) Division of property that results from a governmental entity's land acquisition for public
facilities such as the expansion of street right-of-way;
3) Any lot(s) forming a part of a subdivision created and recorded prior to July 15, 1970, the
effective date of the City of College Station Subdivision Regulations, or prior to the date
on which the Subdivision Regulations applied to the property through the extension of
the extraterritorial jurisdiction;
4) A division of land performed by a political subdivision of the state, as defined in Chapter
245 of the Texas Local Government Code, as amended. Such entities that choose to plat
voluntarily shall comply with all of the applicable requirements; or
5) A division of land created by order of a court of competent jurisdiction.
2. Development Plat Required.
a. The City chooses to be covered by Subchapter B, Regulation of Property Development of
Chapter 212 of the Texas Local Government Code, as amended. Any person who proposes
the development of a tract of land or lot of record not located within a recorded subdivision
within the city limits or the extraterritorial jurisdiction must have a development plat of the
tract prepared in accordance with this Section. New development may not begin on the
property until the development plat is filed with and approved by the City.
b. Exemptions from Development Plat Requirement.
ORDINANCE NO. 2024-4496 Page 10 of 24
The following developments are exempt from development plat requirements:
1) When an applicant is required to file a preliminary plan or final plat pursuant to other
requirements of this Section, a development plat is not required in addition thereto.
2) The development of a tract of land within the city limits or the extraterritorial jurisdiction
that meets all of the following criteria is not required to file a development plat:
(a) The tract is at least five (5) acres;
(b) The tract has access; and
(c) The development is a single-family home for the use of the property owner or
a member of the property owner's family, an accessory structure(s) of the
home, and/or an accessory structure(s) for the benefit of agricultural uses.
3) Development by a political subdivision of the state, as defined in Chapter 245 of the
Texas Local Government Code, as amended. Such entities that choose to plat voluntarily
shall comply with all of the applicable requirements.
4) The Administrator may waive the requirement for a development plat within the city
limits when no parkland, public infrastructure, or public dedication is required on the
subject tract.
B. Determination of Plat Applicability.
Upon written application and in compliance with Chapter 212 of the Texas Local Government Code,
as amended, the Administrator shall make the following determinations regarding the tract of land
identified in the request:
1. Whether a plat is required under this UDO for the tract of land; and
2. If a plat is required, whether it has been prepared and whether it has been reviewed and
approved by the Planning and Zoning Commission or Administrator, as applicable.
The Administrator may require additional information and documents to be provided by the
applicant to make the requested determination.
C. Application Requirements.
1. Pre-Application Conference.
Prior to the submission of a preliminary plan or a plat application required by this UDO,
applicants are encouraged to schedule and attend an optional pre-application conference in
accordance with the Pre-Application Conference Subsection of the General Approval
Procedures Section above.
2. A complete application for review shall be submitted to the Administrator including payment
of a fee as set forth in this UDO. Upon request, all preliminary plans and all plats shall be
submitted in an electronic form acceptable to the Administrator and compatible with the City's
geographic information system (GIS). The signatures of all owners of land within the boundary
of the preliminary plan or the plat shall be required on the application. A representative of an
owner may sign the application provided a written letter of agency is provided to the City with
the application. If the property owner is not an individual but an entity (e.g., business or trust),
the application must be accompanied by proof of authority for the individual to sign on behalf
of the entity.
3. When required to submit the following, the applications shall comply with and/or show the
following information:
a. Preliminary Plans.
When submitting preliminary plans, the following information is required:
ORDINANCE NO. 2024-4496 Page 11 of 24
1) The preliminary plan shall conform to the general requirements of this UDO and
minimum standards of design and improvements as set forth in Article 8, Subdivision
Design and Improvements of this UDO;
2) The words "PRELIMINARY PLAN - NOT FOR RECORD" shall appear on the plan;
3) The proposed name of the subdivision or development, which shall not have the same
spelling as or be pronounced similar to the name of any other subdivision located within
the county it is located;
4) The name and address of all property owners, developers and subdividers, engineers, and
surveyors;
5) Description by metes and bounds of the subdivision which shall close within accepted
land survey standards (labeled on boundary lines, not separate metes and bounds
description). An accurate location of the subdivision or development shall be provided by
reference to an established survey or league corner, City of College Station horizontal
control monument, subdivision corner, or other known points. Primary control points or
descriptions and ties to a control point, to which, later, all dimensions, angles, bearings,
block numbers, and similar data shall be referred. The preliminary plan shall be oriented
to a corner of the survey or tract, or an original corner of the original survey of which it is
a part;
6) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of
the subdivision or development shown;
7) Indicate whether the contiguous property is platted and provide the name of all
contiguous subdivisions or names of owners of contiguous, unplatted parcels;
8) The following existing features shall be shown:
(a) The location, dimension, name, and description of all recorded streets, alleys,
reservations, easements, or other public or private rights-of-way within the
subdivision or development, intersecting or contiguous with its boundaries or
forming such boundaries. In the case of pipelines carrying flammable gas or
fuel, the approximate location, size of the line, design pressure and product
transported through the line shall be shown;
(b) The location, dimension, description, and name of all existing or recorded lots,
parks, public areas, permanent structures, and other sites within or contiguous
with the subdivision or development;
(c) The location, dimensions, description, and flow line of existing watercourses
and drainage structures within the subdivision, development, or contiguous
thereto;
(d) The location of the one hundred (100) year floodplain according to the most
recent best available data;
9) Date of preparation, scale in feet, and north arrow;
10) Topographic information, including contours at two-foot intervals, flow line elevation of
streams, and wooded areas;
11) The location, approximate dimensions, description, and name of all proposed streets,
alleys, drainage structures, parks, or other public areas, easements, or other rights-of-way,
blocks, lots, and other sites within the subdivision or development. Proposed channel
cross sections, if any. Existing and/or proposed well site locations;
12) A number or letter to identify each lot and each block. Lots and blocks shown on a
preliminary plan should be numbered sequentially;
13) Location of current city limits line and current zoning district boundaries;
14) Vicinity map which shows the general location of the subject property to existing streets
in College Station to its city limits. No scale is required but a north arrow is to be
included;
15) The number of residential lots and average lot size when applicable;
ORDINANCE NO. 2024-4496 Page 12 of 24
16) Provide a note to identify a cluster development when applicable;
17) Provide any oversize participation requests that will be sought;
18) Provide a title report for the property that is current within ninety (90) days and includes
applicable information such as ownership, liens, encumbrances, etc.;
19) Written requests for waivers of subdivision standards, if any, shall be submitted in
accordance with the applicable Sections of this UDO;
20) Provide a note on the preliminary plan to identify the residential parking option chosen
from the Single-Family Residential Parking Requirements for Platting Section of Article
8, Subdivision Design and Improvements of this UDO, when applicable; and
21) As applicable, applicants shall submit the information, documents, and materials set forth
in the Traffic Impact Analyses Section of Article 7, General Development Standards of
this UDO.
b. Plats to be Recorded.
When submitting plats, the following shall be required:
1) The plat shall conform to the general requirements of this UDO and minimum standards
of design and improvements as set forth in Article 8, Subdivision Design and
Improvements of this UDO unless expressly provided for otherwise;
2) Prior to filing a plat for record, provide a twenty-four (24) inch by thirty-six (36) inch
mylar of the plat and current certified tax certificates from all taxing agencies showing
payment of all ad valorem taxes on the land within the subdivision;
3) Provide a title report for the property that is current within ninety (90) days and includes
applicable information such as ownership, liens, encumbrances, etc.;
4) Provide the plat in a digital format as accepted by the City’s online application review
and permitting system. The plat must be sized at a ratio of two-to-three (2:3) and be at a
scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the
discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a
scale of five hundred (500) feet per inch or larger;
5) Vicinity map which shows the general location of the subject property to existing streets
in College Station to its city limits. No scale is required but a north arrow is to be
included;
6) The proposed name of the subdivision or development, which shall not have the same
spelling as or be pronounced similar to the name of any other subdivision located within
the county it is located;
7) Date of preparation, scale in feet, and north arrow;
8) The name and address of all property owners, developers, subdividers, engineers, and
surveyors responsible for the plat;
9) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of
the subdivision or development;
10) For a replat where there are existing improvements, provide a survey of the subject
property showing the improvements to ensure that no setback encroachments are created;
11) The name of contiguous subdivisions and names of owners of contiguous parcels and an
indication of whether or not contiguous properties are platted;
12) The location of the one hundred (100) year floodplain and floodway according to the
most recent best available data;
13) A number or letter to identify each lot and each block. Lots and blocks shown on a plat
should be numbered sequentially;
14) Provide the number of lots and average lot size when applicable;
15) Provide a note to identify a cluster development when applicable;
16) Written requests for waivers of subdivision standards, if any, shall be submitted in
accordance with the applicable Sections of this UDO;
ORDINANCE NO. 2024-4496 Page 13 of 24
17) The plat shall also include the following, based on a field survey, and marked by
monuments and markers:
(a) The exact location, dimensions, name, and legal description of all existing or
recorded streets, alleys, easements, or other rights-of-way within the
subdivision or development, intersecting or contiguous with the boundary or
forming such a boundary with accurate dimensions, bearings or deflection
angles and radii, area, center angle, degree of curvature, tangent distance, and
length of all curves, where applicable;
(b) The exact location, dimensions, description, and name of all proposed streets,
alleys, drainage structures, parks, and other public areas, easements, or other
rights-of-way, blocks, lots, and other sites within the subdivision or
development, with accurate dimensions, bearings, or deflection angles and
radii, areas, center angle, degree of curvature, tangent distance, and length of
curves, where applicable;
(c) Lot corner markers and survey monuments shall be shown clearly by symbol,
and tied to City of College Station horizontal control monuments;
(d) The following, when applicable, shall appear on the face of the plat: (See
examples in the Certifications Section of Article 8 Subdivision Design and
Improvements of this UDO.)
i. Certificate of Ownership and Dedication;
ii. Certificate of Surveyor and/or Engineer;
iii. Certificate of City Engineer;
iv. Certificate of Planning and Zoning Commission;
v. Certificate of the County Clerk;
vi. Certificate of Administrator; and
vii. Certificate of Approval.
18) The plat shall be accompanied by the construction documents and reports bearing the seal
and signature of a registered professional engineer. All shall be in accordance with the
Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified
Technical Specifications and shall include the following:
(a) Construction plans shall be provided in a digital format as accepted by the
City’s online application review and permitting system. The plat must be sized
at a ratio of two-to-three (2:3);
(b) Street, alley, and sidewalk plans, profiles, and sections, with specifications and
detailed cost estimates;
(c) Sanitary sewer plan with contours, plan, and profile lines, showing depth and
grades, with sewer report and detailed cost estimates;
(d) Water line plan showing fire hydrants, valves, etc., with specifications, a water
report, and a detailed cost estimate. This may be combined with related
information supplied for preliminary plan submissions;
(e) Storm drainage system plan with contours, street lines, inlets, storm sewer, and
drainage channels with profiles and sections. Detail drainage structure design
and channel lining design if used, with specifications, drainage report, and
detailed cost estimate;
(f) Street lighting plan showing the location of lights, design, and with
specifications and detailed cost estimates; and
ORDINANCE NO. 2024-4496 Page 14 of 24
(g) Any associated necessary items, including but not limited to off-site public
utility easements, permits, or approval of governmental agencies.
19) Provide a note on the final plat to identify the residential parking option chosen from the
Single-Family Residential Parking Requirements for Platting Section of Article 8,
Subdivision Design and Improvements of this UDO, when applicable; and
20) If the subject property is zoned MH Middle Housing, provide a note on the final plat to
identify the list of proposed residential product type(s) to ensure the correct application of
the Middle Housing Project Types and Dimensional Standards Table Section of Article 5,
District Purpose Statements and Supplemental Standards of this UDO.
D. Filing of Plat.
For the purposes of this Section, the date of filing shall be determined as the date on which a
complete application, as determined by the Administrator, and a plat meeting all of the technical
terms and conditions of this UDO or has filed a waiver request to those Sections for which the plat
does not comply, is submitted. Once a complete application has been filed with the City, it will be
scheduled for action by the Administrator or the Planning and Zoning Commission, as applicable.
E. Plat Approval Authority.
Pursuant to Chapter 212 of the Texas Local Government Code, as amended, the City Council
delegates authority to the Administrator and the Planning and Zoning Commission the ability to
approve, approve with conditions, or disapprove plats in accordance with the procedure set forth
herein. The delegation of authority to the Administrator applies to all plats except for plats including
one or more waiver requests or discretionary items, or which require a public hearing. The Planning
and Zoning Commission has approval authority over plats which include one or more waiver
requests or discretionary items, or which require a public hearing. The Administrator may, for any
reason, elect to present the plat for approval to the Planning and Zoning Commission.
F. Review Procedure.
1. Preliminary Plan Review.
a. Review and Approval by Administrator.
If a waiver or discretionary item is not included or required with the preliminary plan
application and a public hearing is not required, the Administrator may review and
approve or deny the application based on compliance with the following elements:
1) The Comprehensive Plan, including any associated plans or studies adopted by the
City Council;
2) Existing zoning of the property, if applicable;
3) Article 8, Subdivision Design and Improvements of this UDO;
4) Form and content as required in the General Approval Procedures Section above;
5) If phased, the preliminary plan must demonstrate the sufficiency and viability of
public infrastructure for each phase such that an undue burden is not placed on any
particular phase. In addition, the proposed phasing is not to create phases or
potential remainders of size, shape, or location so as not to be developable in
compliance with this UDO; and
6) Other provisions of this UDO as applicable.
b. Review and Recommendation by Parks and Recreation Advisory Board.
The Parks and Recreation Advisory Board shall review the preliminary plan application
for compliance with the Requirements for Parkland Dedication Section of Article 8,
Subdivision Design and improvements of this UDO and recommend approval, approval
with conditions, or disapproval of the same. This recommendation must be considered by
the Administrator or the Planning and Zoning Commission in its review. Once the Board
ORDINANCE NO. 2024-4496 Page 15 of 24
has determined compliance, the preliminary plan and subsequent plats may proceed
directly to the Administrator or the Planning and Zoning Commission.
c. Consideration by Planning and Zoning Commission.
If a preliminary plan application will be scheduled for a public hearing or includes one or
more waiver requests or discretionary items, the Administrator shall forward the
preliminary plan to the Planning and Zoning Commission for consideration when it meets
all of the technical terms and conditions of this UDO. Proposed parkland dedication equal
to or exceeding five (5) acres and dedications of floodplain or greenway not previously
considered by the Planning and Zoning Commission shall be considered discretionary
items. The Administrator shall provide a recommendation on the waiver request(s) or
discretionary item(s) as appropriate. The Planning and Zoning Commission shall receive
the recommendations of the Administrator and the Parks and Recreation Advisory Board
and shall approve, disapprove, or conditionally approve the preliminary plan with
modifications based on compliance with the same elements listed in the Review and
Approval by Administrator Subsection above. Conditions of approval must entail
corrections, changes, or completion of items that are ministerial and explicitly spelled
out.
d. Effect of Approval.
Approval of a preliminary plan shall mean the following:
1) Approval of a preliminary plan application by the Administrator or the Planning and
Zoning Commission shall allow the applicant to continue the subdivision process by
submitting a development permit application with construction plans and a final plat
application.
2) Approval of a preliminary plan shall not constitute approval of a final plat. Application
for approval of a final plat will be considered only after the requirements for preliminary
plan approval as specified herein have been fulfilled and after all other specified
conditions have been met.
3) If a final plat is not filed with the City within twenty-four (24) months of the date of
approval or conditional approval of a preliminary plan, the Planning and Zoning
Commission may, upon written application of the applicant, extend the approval for a
one-time additional twelve (12) month period. The request for consideration of an
extension shall be submitted to the Administrator at least thirty (30) days before the
preliminary plan approval expires.
4) Each final plat which is a phase of an approved preliminary plan shall extend the
expiration date of the preliminary plan an additional two (2) years from the date the final
plat was approved.
5) If a preliminary plan is phased, final plats shall only be permitted to proceed in the
numerical order set forth by the preliminary plan.
2. Amendments to an Approved Preliminary Plan.
a. Minor Amendments.
Minor amendments of an approved preliminary plan may be in an application for
approval of a final plat without the necessity of filing a new application for approval of a
preliminary plan. Minor amendments may include adjustments in street or alley
alignments and lengths, phasing, the adjustment in lot lines that do not result in the
creation of additional developable lots, or adjustments to utility or access easements.
Minor amendments shall comply with the standards of this UDO, shall not alter a
subdivision standard that is discretionary to the Planning and Zoning Commission, and
shall not increase the extent of an approved waiver to a subdivision standard.
ORDINANCE NO. 2024-4496 Page 16 of 24
b. Major Amendments.
All other proposed amendments of an approved preliminary plan not constituting a minor
amendment shall be considered a major amendment and require the approval of a new
preliminary plan application by the Administrator or the Planning and Zoning
Commission, as appropriate. Major amendments include but are not limited to an increase
in the number of developable lots, rerouting of streets, addition or deletion of alleys,
change to thoroughfare street layout, or modification to parkland.
c. Amendment Determination.
The applicant shall provide a written description of proposed amendments to an approved
preliminary plan. The Administrator shall determine whether the proposed amendments
are deemed minor or major amendments. At the discretion of the Administrator, a new
preliminary plan application that proposes major amendments may be processed
simultaneously with a final plat application.
d. Retaining Previous Approval.
If the proposed major amendments are not approved or if the applicant is unwilling to
accept the terms and conditions required by the Administrator or the Planning and Zoning
Commission, the applicant may withdraw the proposed amendments by written request
and retain the previously approved preliminary plan.
3. Final Plat, Replat, Vacating Plat, Development Plat, Minor Plat, and Amending Plat
Review.
a. Review and Approval by Administrator.
1) If a waiver or discretionary item is not included or required with the plat application
and a public hearing is not required, the Administrator may review and approve,
approve with conditions, or disapprove the application based on compliance with the
following elements:
(a) The approved preliminary plan, if applicable;
(b) The Comprehensive Plan, including any associated plans or studies adopted by
the City Council;
(c) Existing zoning of the property, if applicable;
(d) Article 8, Subdivision Design and Improvements of this UDO;
(e) Form and content as required in the General Approval Procedures Section
above; and
(f) Other provisions of this UDO as applicable.
2) If public infrastructure is required for the plat, the following is required for the plat
application to be complete:
(a) The construction documents must be approved by the City Engineer;
(b) Any necessary off-site easements are reviewed and acceptable by the City in
recordable form; and
(c) Either the public infrastructure is constructed by the applicant and accepted by
the City, or a guarantee provided to the City Engineer in accordance with the
Construction, Guarantee of Performance, and Acceptance of Public
Infrastructure Section of Article 8, Subdivision Design and Improvements of
this UDO.
3) If a waiver or discretionary item is included or required with the plat application, a public
hearing is required, or the Administrator elects to forward a plat to the Planning and
Zoning Commission, the applicant will be advised of the date set for Planning and
Zoning Commission consideration. The Administrator shall recommend approval or
disapproval of the same.
ORDINANCE NO. 2024-4496 Page 17 of 24
b. Review and Recommendation by Parks and Recreation Advisory Board.
If not already determined through an approved preliminary plan, the Parks and Recreation
Advisory Board shall review the plat application for compliance with the Requirements for
Parkland Dedication Section of Article 8, Subdivision Design and Improvements of this
UDO, and recommend approval, approval with conditions, or disapproval of the same. This
recommendation must be considered by the Planning and Zoning Commission in its plat
review.
c. Criteria for Approval by Planning and Zoning Commission.
If a plat application will be considered by the Planning and Zoning Commission, the
Commission shall receive the recommendation of the Administrator and the Parks and
Recreation Advisory Board (if applicable) and shall approve or disapprove such plat within
thirty (30) days after the plat is filed. Proposed parkland dedication equal to or exceeding five
(5) acres and dedications of floodplain or greenway not previously considered by the
Planning and Zoning Commission shall be considered discretionary items. The Planning and
Zoning Commission's action shall be based on compliance with the review elements listed in
the Review and Approval by Administrator Subsection above and the City Engineer’s
approval of all required infrastructure as proposed in the construction documents and which
has been constructed and accepted or guaranteed in accordance with the Construction,
Guarantee of Performance, and Acceptance of Public Infrastructure Section of Article 8,
Subdivision Design and Improvements of this UDO. Conditions of approval must entail
corrections, changes, or completion of items that are ministerial and explicitly spelled out.
d. Recordation.
Approved plats shall be recorded in the County Clerk’s Office of the county in which the plat
is located when all requirements and conditions have been met.
G. Waivers.
The Planning and Zoning Commission, where authorized by this UDO, may approve, approve with
conditions, or disapprove waivers of the standards in Article 8, Subdivision Design and
Improvements of this UDO.
H. Plat Disapproval.
1. When a plat is disapproved, the applicant is provided a written statement articulating the
reasons for disapproval.
2. An applicant may submit a written response that remedies each reason for disapproval.
3. An applicant has the right to appeal if the designated authority disapproves a plat.
I. Platting in Planned Districts (P-MUD Planned Mixed-Use District and PDD Planned
Development District).
If the subject property is zoned as a P-MUD Planned Mixed-Use District or PDD Planned
Development District, the City Council may approve a concept plan that provides for general
modifications to the site development and subdivision standards. The general modifications shall be
indicated on the approved concept plan or within the rezoning ordinance.
J. Platting in the Extraterritorial Jurisdiction.
The City has entered into one (1) or more written agreements with counties in which it has
extraterritorial jurisdiction. Such agreements identify the authority authorized to regulate plats
within the extraterritorial jurisdiction, and the provisions of this Section are subject to the terms and
ORDINANCE NO. 2024-4496 Page 18 of 24
conditions of such valid agreements. In the event such an agreement creates a direct conflict
between the regulations herein and those of the particular county, the stricter standard shall apply.
K. Failure to Obtain Plat Approval.
1. If plat approval is required for the subdivision of property or development of property and the
same is not properly secured:
a. Prohibition of Recordation.
It shall be unlawful to offer and cause to be recorded any plat or replat of land within the
city limits or extraterritorial jurisdiction at the County Clerk’s Office unless the same
bears the endorsement and approval of the Planning and Zoning Commission, the
Administrator, or bears a valid certificate of No Action Taken as provided for in the
Certifications Section of Article 8, Subdivision Design and Improvements of this UDO.
b. Prohibition of Making Improvements.
It shall be unlawful to make any improvements, alterations, or changes of any kind to
such property;
c. No Issuance of Permits.
The City shall not issue any building, repair, plumbing, electrical, or other permit relating
to such property until such approval occurs;
d. No Provision or Maintenance of Infrastructure.
The City shall not repair, maintain, install, or provide any streets, public utilities, or
public infrastructure of any kind to such property;
e. No Provision of Public Utilities.
The City shall not sell or supply water, gas, electricity, or sewerage to such property.
2. Council Action.
a. If any subdivision or development exists for which a plat has not been approved or in which
the standards contained herein or referred to herein have not been complied with in full, the
City Council may pass a resolution reciting the fact of such noncompliance or failure to
secure plat approval and reciting the fact that the provisions of this Section apply.
b. The City Secretary shall, when directed by the City Council, cause a certified copy of the said
resolution under the corporate seal of the City to be recorded in the Deed Records of the
county in which the plat is located.
c. If such compliance and plat approval are secured after the recording of such resolution, the
City Secretary shall forthwith record an instrument in the Deed Records of the county in
which the plat is located stating that the property is no longer in violation.”
ORDINANCE NO. 2024-4496 Page 19 of 24
Exhibit F
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.3.A, “Suitability of Lands,” of the Code of Ordinances of the City of
College Station, Texas, is hereby amended to read as follows:
“A. Suitability of Lands.
The Administrator or the Planning and Zoning Commission, or as otherwise delegated herein, shall
approve the subdivision of land if, from adequate investigations conducted by all public agencies
concerned, it has been determined that in the best interest of the public, the site is suitable for
platting and development purposes of the kind proposed.”
ORDINANCE NO. 2024-4496 Page 20 of 24
Exhibit G
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.3.N.5.A.1, “Organized Wastewater Collection and Treatment System,”
of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as
follows:
“1) Organized Wastewater Collection and Treatment System.
A subdivider may have a proposed subdivision served by a non-City organized
wastewater collection and treatment system. Such system must be permitted to dispose of
wastes by the Texas Commission on Environmental Quality (TCEQ) in accordance with
30 TAC Chapter 305 and obtain approval of engineering, planning, and materials for
such systems under 30 TAC Chapter 317 from the TCEQ prior to City approval of the
final plat.”
ORDINANCE NO. 2024-4496 Page 21 of 24
Exhibit H
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.7.B, “Guarantee of Performance,” of the Code of Ordinances of the City
of College Station, Texas, is hereby amended to read as follows:
“B. Guarantee of Performance.
1. In lieu of the obligation to construct public infrastructure as set forth above, the developer may
elect to file security guaranteeing the construction of the same to obtain final plat approval and
to commerce construction of private improvements. This may be accomplished in one (1) of
the following two (2) ways:
a. Performance Bond.
The developer may file with the City Engineer a bond executed by a surety company
holding a license to do business in the State of Texas, in an amount acceptable to the City
Engineer of the City of College Station, and a form approved by the City Attorney. The
developer shall state in writing a timeframe acceptable to the City by when such public
improvements will be complete; or
b. Letter of Credit.
The developer has filed with the City Engineer an irrevocable letter of credit, in a form
approved by the City, signed by a principal officer of a local bank, local savings and loan
association, or other financial institution, acceptable to the City, agreeing to pay to the
City of College Station, on demand, a stipulated sum of money to apply to the estimated
cost of installation of all improvements for which the developer is responsible under this
Section. The guaranteed payment sum shall be the estimated costs and scheduling as
prepared by the developer's engineer and approved by the City Engineer. The letter shall
state the name of the subdivision and shall list the improvements which the developer is
required to provide.
2. If one (1) of the two (2) types of security is filed by the developer and accepted by the City as
described above, the City Engineer shall inspect and approve the construction of public
improvements in accordance with the requirements of this UDO when the same occurs. If the
developer fails to properly construct some or all required public improvements, the City
Attorney shall, on the direction of the City Council, proceed to enforce the guarantees provided
in this Section.
3. The City Engineer may extend the period by when completion of public improvements is to
occur regardless of periods that may be iterated elsewhere in this UDO. No such extension
shall be granted unless security, as provided herein, has been provided by the developer
covering the extended period and provided that such extension does not jeopardize the general
public health, safety, and welfare.”
ORDINANCE NO. 2024-4496 Page 22 of 24
Exhibit I
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.9, “Certifications” of the Code of Ordinances of the City of College
Station, Texas, is hereby amended to read as follows:
“CERTIFICATE OF OWNERSHIP AND DEDICATION
STATE OF TEXAS )
COUNTY OF BRAZOS )
I (we) ___________, the owner(s) and developer(s) of the land shown on this plat, and designated
herein as the ___________ subdivision to the City of College Station, Texas, and whose name(s)
is/are subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks,
greenways, infrastructure, easements, and public places thereon shown for the purpose and
consideration therein expressed. All such dedications shall be in fee simple unless expressly
provided otherwise.
___________
___________
Owner(s)
STATE OF TEXAS )
COUNTY OF BRAZOS )
Before me, the undersigned authority, on this day personally appeared ___________ known to me to
be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to
me that he/they executed the same for the purpose and consideration therein stated.
Given under my hand and seal on this ___ day of _______, 20 ___.
___________
Notary Public, Brazos County, Texas
(Seal)
CERTIFICATE OF SURVEYOR AND/OR ENGINEER
STATE OF TEXAS )
COUNTY OF BRAZOS )
I, ___________, Registered Public Surveyor (Engineer), No. _______, in the State of Texas, hereby
certify that this plat is true and correct and was prepared from an actual survey of the property and
that property markers and monuments were placed under my supervision on the ground.
___________
Surveyor (Engineer)
ORDINANCE NO. 2024-4496 Page 23 of 24
CERTIFICATE OF CITY ENGINEER
I, ___________, City Engineer of the City of College Station, Texas, hereby certify that this
subdivision plat conforms to the requirements of the subdivision regulations of the City of College
Station.
___________
City Engineer, City of College Station
CERTIFICATE OF PLANNING AND ZONING COMMISSION (for plat requiring discretionary
authority)
I, ___________, Chair of the Planning and Zoning Commission of the City of College Station,
hereby certify that the attached plat was duly approved by the Commission on the ___ day of
_______, 20 ___.
___________
Planning and Zoning Commission Chair, City of College Station
CERTIFICATE OF THE COUNTY CLERK
Leave a space four (4) inches wide and two (2) inches tall for the Certificate of the County Clerk.
___________
County Clerk, Brazos County, Texas
CERTIFICATE OF ADMINISTRATOR
I, ___________, Administrator of the City of College Station, Texas, hereby certify that this
subdivision plat conforms to the requirements of the subdivision regulations of the City of College
Station.
___________
Administrator, City of College Station
CERTIFICATE OF APPROVAL (for plats in the extraterritorial jurisdiction)
This subdivision plat was duly approved by the Commissioners Court of Brazos County, Texas as
the final plat of such subdivision on ___ day of _______, 20___. Signed this the ___ day of
_______, 20___.
___________
County Judge, Brazos County, Texas
CERTIFICATE OF THE COUNTY CLERK
ORDINANCE NO. 2024-4496 Page 24 of 24
CERTIFICATE OF NO ACTION TAKEN
I, ___________, Administrator, hereby certify that the plat was filed with the Planning and
Development Services Department on the ___ day of _______ and that the City of College Station
failed to act on the plat within 30 days after the plat was filed.
___________
Administrator, City of College Station”