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Home My WebLink About12/04/2008 - Minutes - Planning & Zoning Commission (2)... C;~~i-~~ carp Catat.t_H:t~r~. 5~r~r~r~itai`, 1'~rrrrrrrr~ ~` P1rr~rdtr~rnrmt ,~'rrr~iatr MINUTES PLANNING AND ZONING COMMISSION AND CITY COUNCIL Joint Workshop Meeting Thursday, December 4, 2008 at 5:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Bill Davis, Noel Bauman, Paul Greer, Doug Slack, Thomas Woodfin and Hugh Stearns COMMISSIONERS ABSENT: Chairman John Nichols CITY COUNCIL MEMBERS PRESENT: Mayor Ben White, Lynn McIlhaney, John Crompton, James Massey, Dave Ruesink, Dennis Maloney, Larry Stewart CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert and Matthew Hilgemeir, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Assistant Director of Parks and Recreation David Schmitz, Director of Parks and Recreation Marco Cisneros, Greenways Program Manager Venessa Garza, Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott, 1~ first Assistant City Attorney Carla Robinson, City Secretary Connie Hooks, City Manager Glenn Brown, Assistant City Manager David Neeley, Assistant to the City Manager Hayden Migl, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell Call the meeting to order. Mayor Pro Tem Lynn McIlhaney called the City Council meeting to order at 5:00 p.m. Acting Chairman Bill Davis called the Planning & Zoning Commission meeting to order at 5:00 p.m. 2. Presentation, possible action, and discussion regarding the Comprehensive Plan, including the following draft chapters: Introduction, Community Character, Neighborhood Integrity, Transportation, Growth Management and Capacity, Parks, Recreation, and Leisure, and Administration and Implementation. Director Cowell reviewed the Comprehensive Plan and the draft Growth Management and Capacity chapter. There was general discussion regarding the draft chapter. December 4, 2008 P&Z Workshop Meeting Minutes Page 1 of 4 Councilman Massey stated that he would like ahalf--day retreat to review the remaining draft chapters. 4. Discussion of consent and regular agenda items. There was general discussion regarding Consent Agenda item 3.5 and Regular Agenda item 7. Presentation, possible action, and discussion regarding an update to the Commission on the status of items within the 2008 P&Z Plan of Work and development of the 2009 P&Z Plan of Work (see attached). (JS) There was no update to the P&Z Plan of Work. Presentation, possible action and discussion regarding an update on the following item(s): • An ordinance amendment to Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations, and an amendment to Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO) to remove master plans and amend standards relating to the ETJ, including minimum lot size and urban street design. The Commission heard this item on October 16, and voted (5-2) to recommended approval of a minimum two-acre lot size and voted (6-1) to recommend approval of the removal of master plans and urban streets as a requirement in the ETJ. The Council heard this item on November 5, and voted (6-1) to approve a minimum lot size of one acre in the ETJ and voted (7-0) to approve the removal of master plans and urban streets as a requirement. • A Comprehensive Plan Amendment for 31.19 acres from Single-Family Medium Density and Floodplains and Streams to Regional Retail, Office and Residential Attached generally located at the northeast corner of William D. Fitch and its future intersection with Victoria Avenue. The Commission heard this item on October 16, and voted (7-0) to recommend denial. The City Council heard this item on November 5, and voted (7-0) for approval. An ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 5-E: Special Provisions for Areas of Special Flood Hazard, Section 5-G: Special Provisions for Floodways, and Section 5-H: Special Provisions for Areas of Shallow Flooding. (Zero-Rise Requirement). The Commission heard this item on October 16, but action was not taken. The City Council heard this item on November 5, and voted (7-0) to direct staff to coordinate with the City Attorney to create an ordinance containing zero-rise, the grandfather clause, and a no adverse impact toolkit. Director Bob Cowell reviewed the above-referenced items that had been heard by the Planning & Zoning Commission and City Council. Acting Chairman Bill Davis recessed the workshop meeting at 6:59 p.m. Acting Chairman Bill Davis reconvened the workshop meeting at 8:25 p.m. December 4, 2008 P&Z Workshop Meeting Minutes Page 2 of 4 6. Presentation, possible action, and discussion regarding the P&Z Calendar of Upcoming Meetings. • December 16, 2008 ~ City Council Meeting ~ Council Chambers ~ 7:00 p.m. Regular • December 18, 2008 ~ Planning & Zoning Meeting ~ Council Chambers ~ Time to be determined Director Bob Cowell reviewed the upcoming meeting dates for the Planning & "Coning Commission. 7. Presentation, possible action and discussion regarding the definition of an "exempt annexation area". (LS) Carla Robinson, First Assistant City Attorney, reviewed the definition of an "exempt annexation area" from the language in Section 43.052(h)(1) of the Texas Local Government Code. She stated that the language does not require that an area to be annexed under this section contain at least one residential dwelling. 8. Discussion, review and possible action regarding the following meetings: Design Review Board, Council Transportation Committee, Joint Bryan P&Z/College Station P&Z Committee on Common Gateways and Corridors, Joint Parks/Planning & 7_,oning Subcommittee, CSISD Long Range Education Planning Committee. Director Bob Cowell stated that the Council Transportation Committee would be presenting their work plan at the next City Council meeting. 9. Discussion and possible action on future agenda items - A Planning and Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Commissioner Greer stated that he would like an update on the Meadow Creek Subdivision and flooding problems in the area. Commissioner Slack stated that he would like a future agenda item regarding replats and why they are required to be approved by the Commission. Commissioner Woodfin said that he would like a future agenda item regarding changes in the comprehensive plan process and would also like an update on the appointment of the new Planning & Zoning Commissioner. 10. Adjourn. Commissioner Stearns motioned to adjourn the meeting. Commissioner Bauman seconded the motion, motion passed (6-0). Meeting adjourned at 8:45 p.m. December 4, 2008 P&Z Workshop Meeting Minutes Page 3 of 4 o ° ichols, Chairman anning and Zoning Commission Attest• '7.~~~ Brittany Ca well, Staff Assistant Planning and Development Services December 4, 2008 P&Z Workshop Meeting Minutes Page 4 of 4 .` CITY OF COLLEGE STATION December 1, 2008 MEMORANDUM TO: The Planning & Zoning Commission FROM: Carla A. Robinson, First Assistant City Attorney ~~~--- RE: Section 43.052(h)(1) of the Texas Local Government Code During the November 20, 2008, Planning & Zoning Commission meeting, in response to Mr. Mather's complaint about proposed annexation of his property, the Commission asked for written clarification of the language in Section 43.052(h)(1) of the Texas Local Government Code which provides that the three year municipal annexation plan is not required for an area proposed for annexation if "the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract." TEx. LOCAL GOVT CODE § 43.052(h)(1). The purpose of this section is to authorize a municipality to annex sparsely populated and predominantly unimproved land. See Hughes v. City of Rockwall, 153 S.W.3d 709 (Tex. Civ. App. -Dallas 2005, rev'd}. The language does not require that an area to be annexed under this section contain at least one residential dwelling. Rather the language permits a municipality to annex an area containing up to 100 separate tracts with at least one residence on each tract. To interpret the statute to require at Least one residential dwelling would result in a requirement that all uninhabited and vacant land be annexed only under a three year plan, a result that the legislature did not intend. Legal Department P.O. Box 9960 • ] l01 TEXAS AVENUE COLLEGE STATION • TEXAS •77842 TEL. 979.764.3507 • FAX. 979.764-3481 WWW.CSbC.gOV