A.

General.

The City Council will be responsible for final action regarding the text of this UDO and the Official Zoning Map.

B.

Powers and Duties.

As provided and established within the City of College Station Charter, the City Council has the following powers and duties regarding this UDO:

1.

Appointments.

The City Council shall have the responsibility of appointing and removing any member of the Planning and Zoning Commission, Zoning Board of Adjustment, Design Review Board, Landmark Commission, and Bicycle, Pedestrian, and Greenways Advisory Board.

2.

Final Action.

The City Council shall hear and take final action on the following:

a.

Development agreements and oversize participation agreements for City participation in cost-sharing of infrastructure improvements;

b.

Conditional use permits;

c.

Official Zoning Map amendments (rezonings);

d.

Concept plans for P-MUD Planned Mixed-Use Districts and PDD Planned Development Districts;

e.

Unified Development Ordinance text amendments;

f.

Comprehensive Plan amendments;

g.

Impact fee land use decisions and Capital Improvement Plan (CIP) priorities;

h.

Annexations;

i.

Appeal of the Planning and Zoning Commission's decision regarding a development exaction appeal;

j.

Appeal of the Landmark Commission's denial of a certificate of appropriateness;

k.

Appeal of the Landmark Commission's decision of a certificate of demolition; and

l.

Petitions to form a municipal utility district.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Creation.

The City Council shall provide for the appointment of a Planning and Zoning Commission and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas.

B.

Membership and Terms.

1.

Number, Appointment.

A Planning and Zoning Commission is hereby created to consist of seven (7) members. Members shall be residents of the City of College Station and eligible voters. Additionally, one (1) or more ad hoc members may be appointed as needed or desired to review impact fee land use assumptions and capital improvements plans and to perform such other duties in accordance with Chapter 395 of the Texas Local Government Code, as amended.

2.

Terms.

The term of office is three (3) years.

3.

Term Limits.

Terms of office shall be limited to six (6) consecutive years.

4.

Vacancies.

Vacancies shall be filled by the City Council for the unexpired term of any member whose position becomes vacant.

C.

Officers, Meetings, Quorum.

1.

Officers.

A chairperson shall be appointed annually by the City Council. The Planning and Zoning Commission shall select a vice-chairperson from among its members as needed.

2.

Meetings.

Members of the Planning and Zoning Commission shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public.

3.

Quorum.

Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the City Council without a majority of positive votes from those members present shall be deemed a negative report.

4.

Rules of Proceeding.

The Planning and Zoning Commission shall adopt its own rules of procedure.

5.

Minutes.

The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be a public record.

D.

Powers and Duties.

The Planning and Zoning Commission shall have the following powers and duties:

1.

Comprehensive Plan.

The Planning and Zoning Commission shall make recommendations for the effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan.

2.

Recommendations.

The Planning and Zoning Commission shall review and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following:

a.

Conditional use permits;

b.

Official Zoning Map amendments (rezonings);

c.

Concept plans for P-MUD Planned Mixed-Use Districts and PDD Planned Development Districts;

d.

Unified Development Ordinance text amendments;

e.

Comprehensive Plan amendments;

f.

Impact fee land use decisions and Capital Improvement Plan (CIP) priorities;

g.

Annexations; and

h.

Petitions to form a municipal utility district.

3.

Final Action.

The Planning and Zoning Commission shall hear and take final action on the following:

a.

Applicable appeals of decisions of the Design Review Board;

b.

Preliminary plans and plats not approved by staff as set forth in the Plats Section in Article 3, Development Review Procedures of this UDO;

c.

Waivers of the standards in Article 8, Subdivision Design and Improvements of this UDO;

d.

Appeal of the Administrator's determination of a development exaction;

e.

Appeal of the Administrator's denial of a plat;

f.

Appeal of the Administrator's determination regarding the applicability of plat requirements;

g.

Appeal of the Administrator's denial of an alternative parking plan; and

h.

Appeal of the Administrator's interpretation of the provisions of Article 8, Subdivision Design and Improvements of this UDO.

E.

Staff.

1.

The Administrator shall provide staff to the Planning and Zoning Commission as needed.

2.

Where ministerial acts have not been completed, the staff shall ensure that the changes to plats are completed as approved by the Planning and Zoning Commission.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Creation.

The City Council shall provide for the appointment of a Zoning Board of Adjustment and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas.

B.

Membership and Terms.

1.

Number, Appointment.

The Zoning Board of Adjustment shall consist of five (5) members who are residents of the City of College Station and eligible voters. Appointment of members shall be made by the City Council. The City Council may provide for the appointment of four (4) alternate members of the Zoning Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so.

2.

Terms.

Each member of the Zoning Board of Adjustment shall be appointed for a term of two (2) years. Three (3) members shall be appointed in even-numbered years and two (2) members shall be appointed in odd-numbered years to maintain a membership of five (5) members. Any alternate members appointed shall serve for the same period as the regular members and any vacancies shall be filled in the same manner as the regular members.

3.

Vacancies.

Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant.

C.

Officers, Meetings, Quorum.

1.

Officers.

A chairperson shall be appointed annually by the City Council. The Zoning Board of Adjustment shall select a vice-chairperson from among its members.

2.

Meetings.

Meetings of the Zoning Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board may determine. Such chairperson, or in their absence the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board where a quorum is present shall be open to the public.

3.

Quorum.

All cases heard by the Zoning Board of Adjustment will always be heard by a minimum number of four (4) members. Four (4) members shall constitute a quorum for the transaction of business and no variance or appeal shall be granted without a concurring vote of four (4) members.

4.

Rules of Proceeding.

The Zoning Board of Adjustment shall adopt its own rules of procedure.

5.

Minutes.

The Zoning Board of Adjustment shall keep minutes of its proceedings, indicating the vote of each member on each question or the fact that a member is absent or fails to vote, and shall keep records of its examinations and other official actions. The minutes and records shall be immediately filed in the Planning and Development Services Department and shall be a public record.

D.

Powers and Duties.

The Zoning Board of Adjustment shall have the following powers and duties:

1.

Variances.

To hear and decide requests for variance from the setback, parking number or dimensions, parking island number or dimensions, sign (excluding sign regulations in the extraterritorial jurisdiction), maximum height, or lot size or dimension requirements of this UDO. Also, to hear and decide drainage variances (excluding landscaping provisions) in accordance with the Flood Hazard Protection Article of Chapter 105, Floods of the City of College Station Code of Ordinances when strict application of the provisions of the ordinance would result in unnecessary hardship.

Specifically excluded from the variance process are requests for relief from a site plan requirement imposed by the Administrator when the requirement was necessary to gain compliance with the criteria for approval of a site plan in the Site Plans Section of Article 3, Development Review Procedures of this UDO. Such requests will be heard and decided by the Design Review Board.

Also excluded are roadway and infrastructure construction criteria and other regulations contained in Article 8, Subdivision Design and Improvements of this UDO. Such requests shall require waivers granted by the Planning and Zoning Commission.

2.

Administrative Appeals.

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Administrator or their designee in the enforcement of this UDO.

3.

Official Zoning Map.

To interpret the intent of the Official Zoning Map where uncertainty exists because the physical features on the ground vary from those on the Official Zoning Map.

4.

Nonconformities.

To hear and decide requests for the completion, enlargement, extension, or structural alteration of buildings and structures devoted to non-conforming uses in accordance with the Nonconforming Uses Section of Article 9, Nonconformities of this UDO.

5.

Special Exceptions.

To hear and decide requests for special exceptions for the parking of vehicles on residential yards in accordance with the Stopping, Standing and Parking Article of Chapter 38, Traffic and Vehicles of the City of College Station Code of Ordinances.

6.

Distance Requirements.

To hear and consider deviations from the distance requirements for the keeping of domestic livestock, fowl, and rabbits in accordance with the Livestock, Birds, Exotic Animals And Wild Animals Article of Chapter 6, Animals of the City of College Station Code of Ordinances.

7.

Easterwood Field Airport Zoning.

To hear and decide requests for appeals, special exemptions, and variances in accordance with the Easterwood Field Airport Zoning Ordinance.

E.

Staff.

The Administrator shall provide staff to the Zoning Board of Adjustment as needed.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Creation.

A Design Review Board is hereby established by the City of College Station for the purpose of enhancing the City's ability to review sign, building, and site design issues, including architectural issues as specified in this UDO, by bringing expertise from the community to bear on these issues in designated design districts.

B.

Membership and Terms.

1.

The Design Review Board shall consist of seven (7) members. Six (6) of the members shall be appointed by the City Council.

a.

The City Council shall appoint a representative with expertise from each of the following disciplines or groups:

1)

Architecture;

2)

Landscape architecture;

3)

Business; and

4)

Design district connection (e.g., developer, land owner, business owner, resident, or employee within a design district).

b.

The City Council shall appoint two members that are citizens-at-large.

c.

The final regular member shall be the chairperson of the Planning and Zoning Commission or their designee.

2.

With the exception of the chairperson of the Planning and Zoning Commission or their designee who shall serve on the Design Review Board as long as the chairperson serves as chair of the Planning and Zoning Commission, the term of office is three (3) years.

3.

The Design Review Board is a governmental body and shall comply with the Open Meetings Act.

C.

Officers, Meetings, Quorum.

1.

Officers.

A chairperson shall be appointed annually by the City Council. The Design Review Board shall select a vice-chairperson from among its members.

2.

Meetings.

Members of the Design Review Board shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public.

3.

Quorum.

Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes from those members present shall be deemed a negative report.

4.

Rules of Proceeding.

The Design Review Board shall adopt its own rules of procedure.

5.

Minutes.

The Design Review Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be a public record.

D.

Powers and Duties.

The Design Review Board has the following powers and duties:

1.

WPC Wolf Pen Creek Standards Waivers.

The Design Review Board shall hear and decide requests for waivers from the standards in the Wolf Pen Creek (WPC) Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO as limited to the possible waivers authorized by that Subsection.

2.

WPC Wolf Pen Creek Parking Waivers.

The Design Review Board shall hear and decide requests to vary from the amount of required parking in WPC Wolf Pen Creek.

3.

NG Northgate District Standards Waivers.

The Design Review Board shall hear and decide requests to vary from the standards in the Northgate Districts (NG) Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO as limited to the possible waivers authorized by that Subsection.

4.

Driveway Appeals.

The Design Review Board shall hear appeals to decisions of the Development Engineer regarding driveway appeals.

5.

Appeal of Requirement Based on Site Plan Review Criteria.

The Design Review Board shall hear and decide appeals of the Administrator's application of site plan requirements to assure compliance with the Site Plans Section and the Site Plans in WPC Wolf Pen Creek Section of Article 3, Development Review Procedures of this UDO.

6.

Buffer Appeals.

The Design Review Board shall hear appeals of buffer requirements listed in the Buffer Requirements Section of Article 7, General Development Standards of this UDO.

7.

Non-Residential Architectural Standards Appeals.

The Design Review Board shall hear and decide waiver requests as specified in the Non-Residential Architectural Standards Section of Article 7, General Development Standards of this UDO.

8.

Non-Residential Architectural Standards Alternative Compliance.

The Design Review Board shall hear and decide on proposals for alternative compliance with the Non-Residential Architectural Standards Section of Article 7, General Development Standards of this UDO.

E.

Staff.

The Administrator shall provide staff to the Design Review Board as needed.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Creation.

A Landmark Commission is hereby established by the City of College Station for the purpose of enhancing the City's ability to identify and protect historically and/or culturally significant districts, areas, sites, buildings, and structures by bringing expertise from the community in those areas related to the designation of HP Historic Preservation Overlays and protection of the contributing elements within them.

B.

Membership and Terms.

1.

The Landmark Commission shall consist of seven (7) regular members and two (2) alternate members. Six (6) of the regular members and the two (2) alternate members shall be appointed by the City Council. City Council shall apportion membership according to the following fields of expertise or specialized knowledge:

a.

One (1) member shall represent one (1) of the following fields or professions:

1)

History; or

2)

Archaeology.

b.

Two (2) members shall be the owners of the following:

1)

Property in the City's Historic Marker Program; or

2)

Property within an HP Historic Preservation Overlay. If no HP Historic Preservation Overlay has yet been applied to property in the City of College Station, a property owner(s) of land platted prior to 1970 may be considered.

c.

Two (2) members shall represent any combination of the following fields or professions:

1)

Architecture: an architect, previously registered architect, architect registered in another state, or professor in the field of architecture;

2)

Landscape architecture: a landscape architect, previously registered landscape architect, landscape architect registered in another state, or professor in the field of landscape architecture;

3)

Urban planning: a certified planner, previously certified planner, a planner with at least three (3) years of municipal planning experience, or professor in the field of urban planning; or

4)

Historical preservation specialist: an experienced professional who provides technical and strategic expertise to promote the viability, reuse, and integrity of historic buildings and/or properties.

d.

One (1) member shall represent one (1) of the following fields or professions:

1)

Banking, finance, or economics;

2)

Real estate; or

3)

Law.

e.

One (1) alternate shall represent the membership criteria identified in Subsection b above.

f.

One (1) alternate shall represent any of the fields identified in Subsections a, c, or d above.

The final regular member shall be the chairperson of the Historic Preservation Committee or their designee.

The City Council shall prioritize Landmark Commission candidates within each Subsection above on their demonstrated expertise and interest in historic preservation. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified above in Subsections a, b, c, or d cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens-at-large that have demonstrated interest in historic preservation to fill such places.

2.

Members shall be appointed for three (3) year terms or until their successors are appointed. Two (2) members shall be appointed each year.

3.

The Landmark Commission shall comply with the Open Meetings Act.

C.

Officers, Meetings, Quorum.

1.

Officers.

A chairperson shall be appointed annually by the City Council. The Landmark Commission shall select a vice-chairperson from among its members.

2.

Meetings.

Members of the Landmark Commission shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public.

3.

Quorum.

Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report.

4.

Rules of Proceeding.

The Landmark Commission shall adopt its own rules of procedure.

5.

Minutes.

The Landmark Commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be a public record.

D.

Powers and Duties.

The Landmark Commission shall have the following powers and duties:

1.

Duties.

a.

Review and approve surveys conducted and maintained by the City that include an inventory of significant historic, architectural, and cultural resources within College Station according to guidelines established by the Texas Historical Commission;

b.

Utilize such surveys to identify potential property appropriate for the application of HP Historic Preservation Overlays;

c.

Review and approve surveys conducted and maintained by the City that include an inventory of all properties located within an HP Historic Preservation Overlay within College Station;

d.

Nominate properties to the National Register of Historic Places;

e.

Establish an ad hoc three (3) person Economic Review Panel when a property owner in an HP Historic Preservation Overlay requests a certificate of demolition based on the reason that no economically viable use of the property exists. The Economic Review Panel must be comprised of three (3) independent experts knowledgeable in one (1) or more of the following fields: the economics of real estate, building renovation, or redevelopment. "Independent" as used in this subparagraph means that the expert has no financial interest in the property, its renovation, or redevelopment; is not an employee of the property owner; is not a City employee; is not a member of the Landmark Commission; and is not compensated for serving on the Economic Review Panel. The Economic Review Panel must consist of one (1) person selected by the Landmark Commission, one (1) person selected by the property owner, and one (1) person selected by the first two (2) appointees. If the first two (2) appointees cannot agree on a third appointee within thirty (30) calendar days after submission of all of the required documentation supporting the application, the third appointee will be selected by the Administrator within five (5) days. Within thirty-five (35) calendar days after submission of all of the required documentation supporting the application, all appointments to the Economic Review Panel shall be made;

f.

Act in an advisory role to the City Council, all appointed boards and commissions, and City departments regarding the protection of local historic, architectural, and cultural resources;

g.

Review and make recommendations to the appropriate county historical commission of all proposed National Register of Historic Places nominations for properties within College Station; and

h.

Prepare and submit annually to the City Council a report summarizing the work completed during the previous year.

2.

Recommendations.

The Landmark Commission shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following:

a.

The effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan as it relates to historic preservation;

b.

The adoption of Unified Development Ordinance text amendments as they relate to the designation of HP Historic Preservation Overlays and the processes and standards for properties within HP Historic Preservation Overlays; and

c.

The designation of HP Historic Preservation Overlays.

The Landmark Commission shall make recommendations to the City Council for the following:

1)

The utilization of state, federal, or private funds to promote the preservation of HP Historic Preservation Overlays within College Station; and

2)

The acceptance of the dedication of easements for the purpose of historic preservation.

3.

Final Action.

The Landmark Commission shall hear and take final action on the following:

a.

Applications for certificates of appropriateness;

b.

Applications for certificates of demolition; and

c.

Certifications of properties of demolition by neglect, notices to owners of certified demolition by neglect properties, and referrals for enforcement.

E.

Staff.

The Administrator shall provide staff, including a Historic Preservation Officer, to the Landmark Commission as needed.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Creation.

A Bicycle, Pedestrian, and Greenways Advisory Board is hereby established by the City of College Station for the purpose of advising and recommending to the City Council, the Planning and Zoning Commission, and other appointed boards and commissions on all matters concerning bicycling, walking, and greenways.

B.

Membership and Terms.

1.

Number, Appointment.

The Bicycle, Pedestrian, and Greenways Advisory Board shall consist of seven (7) members who are residents of the City of College Station and eligible voters. Appointment of members shall be made by the City Council. The Board shall consist of the following:

a.

One (1) member shall represent one (1) of the following fields or professions:

1)

Real estate;

2)

Banking, finance, or economics;

3)

Law.

b.

One (1) member shall represent one (1) of the following fields or professions:

1)

Recreation;

2)

Health;

3)

Kinesiology.

c.

Two (2) members that are residents with a demonstrated interest in walking, running, bicycling or open space preservation.

d.

One (1) member shall represent one (1) of the following fields or professions:

1)

Environmental/ecological sciences;

2)

Stormwater/floodplain management;

3)

Natural resources.

e.

One (1) member shall represent one (1) of the following fields or professions:

1)

Transportation planning;

2)

Engineering;

3)

Architecture;

4)

Landscape architecture;

5)

Urban planning.

The final regular member shall be the chairperson of the Council Transportation and Mobility Committee or their designee.

The City Council shall prioritize Bicycle, Pedestrian, and Greenways Advisory Board candidates within each Subsection above by their demonstrated expertise. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified in the above Subsections cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens-at-large that have demonstrated interest in bicycling, walking, and greenways to fill such places.

2.

Terms.

With the exception of the chairperson of the Council Transportation and Mobility Committee or their designee who shall serve on the Bicycle, Pedestrian, and Greenways Advisory Board for as long as the chairperson serves on the Council Transportation and Mobility Committee, the term of office is three years.

3.

Vacancies.

Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant.

C.

Officers, Meetings, Quorum.

1.

Officers.

A chairperson shall be appointed annually by the City Council. The Bicycle, Pedestrian, and Greenways Advisory Board shall select a vice-chairperson from among its members.

2.

Meetings.

Members of the Bicycle, Pedestrian, and Greenways Advisory Board shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public.

3.

Quorum.

Four (4) members shall constitute a quorum for the transaction of business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report.

4.

Rules of Proceeding.

The Bicycle, Pedestrian, and Greenways Advisory Board shall adopt its own rules of procedure.

5.

Minutes.

The Bicycle, Pedestrian, and Greenways Advisory Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be public record.

D.

Powers and Duties.

The Bicycle, Pedestrian, and Greenways Advisory Board shall have the following powers and duties:

1.

Duties.

a.

Support the implementation of the transportation element of the Comprehensive Plan and the Bicycle, Pedestrian, and Greenways Master Plan;

b.

Promote and encourage bicycling and walking as accepted forms of transportation;

c.

Review project designs related to bicycle, pedestrian, and greenway improvements, including review of plats, site plans, and capital improvement projects;

d.

Assist in identifying and applying for alternative funding sources for bicycle, pedestrian, and greenway facilities, programs, services, and projects;

e.

Promote education and safety programs for bicyclists, pedestrians, and motorists;

f.

Facilitate citizen participation in local governments' consideration of matters involving bicycle, pedestrian, and greenway issues;

g.

Promote intergovernmental and public/private coordination on bicycle, pedestrian, and greenway matters including working with local businesses and other organizations; and

h.

Perform other duties as may be assigned.

2.

Recommendations.

The Bicycle, Pedestrian, and Greenways Advisory Board shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following:

a.

The adoption of Comprehensive Plan amendments as they relate to bicycling, walking, and greenways;

b.

The adoption of Unified Development Ordinance text amendments as they relate to bicycling, walking, and greenways;

c.

The setting of impact fee/Capital Improvement Plan priorities as they relate to bicycling, walking, and greenways.

The Bicycle, Pedestrian, and Greenways Advisory Board shall make recommendations to the City Council for the following:

a.

The adoption of Comprehensive Plan amendments as they relate to bicycling, walking, and greenways;

b.

The adoption of Unified Development Ordinance text amendments as they relate to bicycling, walking, and greenways;

c.

The setting of impact fee/Capital Improvement Plan priorities as they relate to bicycling, walking, and greenways.

E.

Staff.

The Administrator shall provide staff to the Bicycle, Pedestrian, and Greenways Advisory Board as needed.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Creation.

A BioCorridor Board is hereby created for the purpose of enhancing the community's ability to consistently review subdivision, building, and site design issues of the unique, multi-jurisdictional BioCorridor Planned Development District. The BioCorridor Board shall bring governing expertise from each City and a representative of Texas A&M University to bear on these issues within the BioCorridor area.

B.

Membership and Terms.

1.

Number, Appointment.

A BioCorridor Board is hereby created to consist of seven (7) members as follows:

a.

Appointment of three (3) members shall be made by the College Station City Council. Two (2) of these appointments shall be members of the City of College Station's Planning and Zoning Commission. One (1) appointment shall be a member of the College Station City Council.

b.

Appointment of three (3) members shall be made by the Bryan City Council. Two (2) of these appointments shall be members of the City of Bryan's Planning and Zoning Commission. One (1) appointment shall be a member of the Bryan City Council.

c.

Appointment of one (1) member shall be made by the Chancellor of the Texas A&M University System or their designee. This appointment shall be an employee of the Texas A&M University System.

2.

Terms.

a.

Terms of members of the BioCorridor Board shall be for two (2) years or until their successors are appointed.

b.

Should a BioCorridor Board member no longer qualify for their position, that member's term shall be ended immediately upon such disqualifying event (for example, if an appointed Planning and Zoning Commissioner is no longer a Commissioner for the City).

3.

Vacancies.

Vacancies shall be filled by the governing entity/person responsible for the appointment.

C.

Officers, Meetings, Quorum.

1.

Officers.

A chairperson and a vice-chairperson shall be selected every two (2) years from among its members. The chairperson and vice-chairperson shall be municipal representatives and shall not be appointees from the same municipality. The vice-chairperson may act as chairperson when the chairperson is not available.

2.

Meetings.

Members of the BioCorridor Board shall meet as needed and the chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public. The BioCorridor Board shall comply with the Open Meetings Act.

3.

Quorum.

Four (4) members shall constitute a quorum for the transaction of any business. Any recommendations advanced to a different regulatory entity without a majority of positive votes from those members present shall be deemed a negative recommendation.

4.

Rules of Proceeding.

The BioCorridor Board may adopt its own rules of procedure consistent with this Ordinance.

5.

Minutes.

The BioCorridor Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services office of the City of Bryan and shall be a public record. A copy of all such records shall be delivered to the Planning and Development Services office of the City of College Station by the City of Bryan within ten (10) working days of filing.

D.

Powers and Duties.

The BioCorridor Board shall have the following powers and duties:

1.

Recommendations.

a.

The BioCorridor Board shall review and make recommendations to City staff of College Station and Bryan regarding improvements in the public realm that further the aesthetics, identity, and access to and within the BioCorridor Planned Development District.

b.

The BioCorridor Board shall review and make recommendations to the City of College Station Planning and Zoning Commission regarding waivers of the standards in the Subdivision Design and Improvements Section of Exhibit D of Ordinance No. 2019-4085.

2.

Final Action.

The BioCorridor Board shall hear and take final action on the following:

a.

Special district identification signs as set forth in Ordinance No. 2019-4085;

b.

Temporary signs promoting positive communications as set forth in Ordinance No. 2019-4085;

c.

Works of art and their locations when located in the public right-of-way or other public area as set forth in Ordinance No. 2019-4085;

d.

Appeal of the BioCorridor Review Committee's determination regarding the applicability of plat requirements;

e.

Appeal of the BioCorridor Review Committee's denial of a site plan as set forth in the Site Plan Review Section of Exhibit D of Ordinance No. 2019-4085;

f.

Waivers to the dimensional requirements and number of parking spaces required in the Off-Street Parking Requirements Section of Exhibit D of Ordinance No. 2019-4085;

g.

Appeal of the BioCorridor Review Committee's denial of an alternative parking plan;

h.

Alternative highway buffers standards as allowed in Ordinance No. 2019-4085; and

i.

Appeal of the terms of the highway buffers standards as set forth in Ordinance No. 2019-4085.

E.

Staff.

The City of College Station and the City of Bryan shall provide staff support to the BioCorridor Board as needed.

1.

BioCorridor Review Committee.

The BioCorridor Review Committee will provide background information and recommendations to the Board as set forth in Ordinance No. 2019-4085.

2.

Administrative Support.

The City of College Station and/or the City of Bryan shall provide administrative support functions for each meeting, such as agenda posting and the filing of minutes.

3.

Planning Representative.

Where ministerial acts have not been completed, the planning representative of the City in which the project is located shall ensure that the changes to plats and/or plans are completed as approved by the BioCorridor Board.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Designation.

The Director of Planning and Development Services shall serve as the Administrator. Where this UDO assigns a responsibility, power, or duty to the Administrator, the Administrator may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Administrator may reasonably determine.

B.

Powers and Duties.

The Administrator shall have the following powers and duties:

1.

Administration and Enforcement.

The Administrator shall administer and enforce the provisions of this UDO.

2.

Interpretation.

The Administrator is responsible for interpreting the provisions of this UDO. The Administrator shall make written interpretations of this UDO when requested, setting forth the reasons and explanation therefore.

3.

Building Permits.

The Administrator shall review and certify that the proposed construction, moving, alteration, or use of the land either does or does not comply with the provisions of this UDO prior to the issuance of a building permit by the Building Official.

4.

Final Action.

The Administrator shall review and take final action on the following:

a.

Sign permits;

b.

Site plans;

c.

Architectural reviews;

d.

Administrative adjustments;

e.

Preliminary plans as set forth in the Plats Section of Article 3, Development Review Procedures of this UDO;

f.

Plats as set forth in the Plats Section of Article 3, Development Review Procedures of this UDO;

g.

Determination of building plot as set forth in the General Provisions Section of Article 7, General Development Standards of this UDO;

h.

Certificate of appropriateness routine maintenance work reviews;

i.

Determination regarding the applicability of plat requirements; and

j.

Alternative parking plans as set forth in the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO.

5.

Other Duties.

a.

The Administrator, or their designee, shall serve as the Historic Preservation Officer for the City. As such, the Historic Preservation Officer shall serve as a representative of the Landmark Commission and shall be responsible for coordinating the Landmark Commission's preservation activities with the Historic Preservation Committee, those of state and federal agencies, and with local, state, and national nonprofit preservation organizations.

b.

The Administrator shall perform other duties imposed under the provisions of the City of College Station Code of Ordinances.

c.

The Administrator shall administer and enforce the regulations of the Easterwood Field Airport Zoning Ordinance.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Designation.

The Administrator shall designate the Building Official for the City of College Station. The Building Official may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Building Official may reasonably determine.

B.

Powers and Duties.

The Building Official shall have the following powers and duties:

1.

Building Inspections.

The Building Official shall have the power to conduct inspections of buildings and premises to carry out their duties herein and to determine compliance with the provisions of this UDO.

2.

Building Permits.

The Building Official shall issue building permits.

3.

Certificate of Occupancy.

The Building Official shall issue certificates of occupancy.

4.

Certificates of Completion.

The Building Official shall issue certificates of completion.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Designation.

The City Engineer shall designate the Development Engineer.

B.

Responsibility.

The Development Engineer, or their designee, shall implement, administer, and oversee the provisions, terms, and conditions of all engineering and flood hazard protection requirements within this UDO. The Development Engineer may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Development Engineer may reasonably determine.

C.

Powers and Duties.

The Development Engineer has the following powers and duties regarding engineering requirements and flood hazard protection:

1.

Review and approve, approve with conditions, or deny driveway applications;

2.

Maintain and hold open for public inspection all records of the provisions of the flood hazard protection regulations;

3.

Review and approve, approve with conditions, or deny all applications for development permits;

4.

Assure that adequate inspection of construction permitted under the terms and provisions of this UDO is carried out in accordance with the permitted plan;

5.

Maintain, update, and provide to interested parties at a reasonable cost the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details;

6.

Assure that adequate maintenance of drainage pathways, including altered or relocated waterways, is provided such that capacity for carrying stormwater flows is maintained;

7.

Provide interpretation, where required, of boundaries of areas of special flood hazard, location of the floodway, and water surface elevations, when disputes arise during review;

8.

Provide information to the Zoning Board of Adjustment, Municipal Court, or City Council, as applicable on all variance requests, administrative appeals, enforcement actions, and proposed amendments to the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details as required;

9.

Review and utilize any acceptable new flood study data in accordance with the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details;

10.

Notify adjacent communities and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of notification to the Federal Insurance Administration;

11.

Review and make recommendations to the City Council concerning development agreements;

12.

Interpret the terms and provisions of the Flood Hazard Protection Section of Article 7, General Development Standards of this UDO, as required, as they apply to each project, in accordance with the stated purpose of that Section;

13.

Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required;

14.

Review and approve or deny alternative materials or standards for site construction; and

15.

Review, evaluate and provide recommendations regarding appeals to a development exaction.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Creation.

A BioCorridor Review Committee is hereby created for the purpose of implementing Ordinance No. 2019-4085. The Committee is comprised of staff from both cities, with the Committee serving as the designated administrative officer as set forth in Ordinance No. 2019-4085 and state law. The BioCorridor Review Committee shall bring planning, engineering, and other areas of municipal expertise from each City to bear on proposals within the BioCorridor Planned Development District.

B.

Membership.

The BioCorridor Review Committee shall consist of four (4) core members. Other City employees may be invited to participate on an ad hoc basis.

1.

Core Members.

a.

The City Manager of each municipality shall designate two (2) employees from their municipality. One (1) employee shall be a planner and one (1) an engineer or engineer in training familiar with development review procedures.

b.

The BioCorridor Review Committee's main point of contact for a development project proposal shall be the planner on the Committee from the City in which the majority of the project is located.

2.

Ad Hoc Members.

As the BioCorridor Review Committee determines appropriate, ad hoc members may be called upon for their expertise on particular matters.

Ad hoc members may consist of governmental and utility employees such as:

a.

A representative from College Station Utilities or Bryan Texas Utilities;

b.

A representative from the Fire Marshall's office;

c.

A representative from the solid waste department; or

d.

The City's transportation planner or transportation engineer.

Ad hoc members shall be designated by their respective City Manager.

C.

Powers and Duties.

The BioCorridor Review Committee shall have the following powers and duties:

1.

Administration and Enforcement.

The BioCorridor Review Committee shall carry out their duties as set forth in Ordinance No. 2019-4085, including ensuring compliance with the BioCorridor Site Design Guidelines, Bryan/College Station Unified Design Guidelines, boundaries of areas of special flood hazard, location of the floodway, and water surface elevations.

The BioCorridor Review Committee shall review and take action on the following as set forth in Ordinance No. 2019-4085:

a.

Plats;

b.

Site plans;

c.

Construction documents;

d.

Structure plans as they relate to exterior aesthetic design standards (not building code review);

e.

Sign permits;

f.

Development permits;

g.

Administrative adjustments;

h.

Alternative parking plans;

i.

Driveway applications;

j.

Determination of building plot; and

k.

Determination of plat applicability.

2.

In the event the BioCorridor Review Committee is unable to reach a consensus, the planning or engineering representative (as appropriate) from the City in which the majority of the project will be located shall make the final determination.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

The following table summarizes the authority of the various review bodies and staff.

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.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023; Ord. No. 2024-4496, Pt. 1 (Exh. A), 1-25-2024)