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Home My WebLink About09/20/2018 - Regular Minutes - Planning & Zoning CommissionSeptember 20, 2018 P&Z Regular Meeting Minutes Page 1 of 6 MINUTES PLANNING & ZONING COMMISSION Regular Meeting September 20, 2018 7:00 p.m. CITY HALL COUNCIL CHAMBERS College Station, Texas COMMISSIONERS PRESENT: Jane Kee, Casey Oldham, Johnny Burns, Elianor Vessali, Bill Mather and Jeremy Osborne COMMISSIONER ABSENT: Dennis Christiansen CITY COUNCIL MEMBERS PRESENT: Linda Harvell, Jerome Rektorik, John Nichols, Barry Moore CITY STAFF PRESENT: Molly Hitchcock, Carol Cotter, Justin Golbabai, Lauren Hovde, Alaina Helton, Jason Schubert, Alma Guerra, Carla Robinson, Jennifer Prochazka, Eric Chafin and Kristen Hejny 1. Call Meeting to Order Chairperson Kee called the meeting to order at 7:09 p.m. 2. Pledge of Allegiance 3. Hear Citizens 4. Consent Agenda 4.1 Consideration, possible action, and discussion on Absence Requests from meetings. *Dennis Christiansen ~ September 20, 2018 4.2 Consideration, possible action, and discussion to approve meeting minutes. *September 6, 2018 ~ Workshop *September 6, 2018 ~ Regular 4.3 Presentation, possible action, and discussion regarding a Final Plat for Shenandoah Phase 18A, Block 1, Lots 1-4 consisting of four commercial lots on approximately 1.19 acres located at 4246 State Highway 6, generally located near the intersection of State Highway 6 and Southern Plantation Drive. Case #FPCO2016-000014 Commissioner Mather motioned to approve the Consent Agenda. Commissioner Osborne seconded the motion, motion passed (6-0). Regular Agenda 5. Consideration, possible action, and discussion on items removed from the Consent Agenda by Commission Action. No items were removed. September 20, 2018 P&Z Regular Meeting Minutes Page 2 of 6 6. Public hearing, presentation, possible action, and discussion regarding a Final Plat for K.T.H Commercial Addition Block, 1 Lot 1R-A and 1R-B, being a Replat of K.T.H Commercial Addition Lot 1, consisting of two non-residential lots on approximately four acres located at 4254 State Highway 6, generally located off State Highway 6 near the Tower Point Subdivision. Case #FPCO2017-000023 Senior Planner Hovde presented the Final Plat to the Commission and recommended approval with the condition that if the K.T.H Commercial Addition Case #FPCO2018-000006 is denied, a water line be required to be extended to Lot 1R-B. Chairperson Kee opened the public hearing. No one spoke. Chairperson Kee closed the public hearing. Commissioner Mather motioned to approve the Final Plat with the condition. Commissioner Oldham seconded the motion, motion passed (6-0). 7. Presentation, possible action, and discussion regarding waiver requests to the Unified Development Ordinance Section 8.3.E.2.b “Relation to Adjoining Street System”, and section 8.3.J.1, “Access Ways”, and a public hearing, presentation, possible action and discussion regarding a Final Plat for K.T.H Commercial Addition Block 1, Lot 3 including a Replat of K.T.H Commercial Addition, Block 1, Lot 1R-B consisting of one non-residential lot on approximately 10.1 acres, generally located at 5254 State Highway 6, generally located off State Highway 6 near the Tower Point Subdivision. Case #FPCO2018-000006 Senior Planner Hovde presented the Final Plat and waivers to the Commission and recommended approval. Chairperson Kee opened the public hearing. No one spoke. Chairperson Kee closed the public hearing. Commissioner Mather motioned to approve the Final Plat and waivers as requested, as granting of the waivers will not be detrimental to the public health, safety or welfare, or injurious to other property. Commissioner Osborne seconded the motion, motion passed (6- 0). 8. Public hearing, presentation, possible action, and discussion regarding and ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map”, of the Code of Ordinances of the City of College Station, Texas by adding a NCO Neighborhood Conservation Overlay zoning district for approximately 126.92 acres, located in all or portions of the College Park, South Oakwood, Dulaney, and Woodson Village Phases 1 & 2 Subdivisions, an area generally bordered to the north by George Bush Drive; to the east by the lots on the east side of Lee Avenue to Park Place; to the south by lots on the south side of Park Place, lots on the east side of Pershing Drive south to Timm Drive and the west side of Pershing Drive to September 20, 2018 P&Z Regular Meeting Minutes Page 3 of 6 south to Thomas Street, the northern cul-de-sec of Hawthorn Street, and Luther Street; and to the west by the lots on the west side of Fairview Avenue. Case #REZ2018-000016 (Note: Final action of this item will be considered at the October 8, 2018 City Council meeting- subject to change) Commissioner Vessali recused herself from the meeting. Planning Administrator Golbabai presented the Rezoning to the Commission and recommended approval. Commissioner Mather asked about the tree preservation standard, and asked if it would apply to certain trees species. Planning Administrator Golbabai stated that the applicants have made no distinction on the tree. Commissioner Mather asked about the maximum building height change. Planning Administrator Golbabai deferred the maximum building height question to the applicant. Commissioner Oldham asked about the arbitrariness of the rezoning because of the boundaries outlined. Mr. Oldham asked if a legal problem has been created because of the outlined boundaries as defined in the City’s Unified Development Ordinance (UDO) versus legislative requirements. City Attorney Robinson stated that at the time that this ordinance was adopted by City Council, it was reviewed by the legal department and would have been determined to be a valid and fully enforceable ordinance. Commissioner Osborne asked for a listing of UDO requirements for a boundary for a Neighborhood Conservation Overlay (NCO). Planning Administrator Golbabai stated the definition of an overlay boundary area. Chairperson Kee asked about the City’s Southside Neighborhood Plan. Ms. Kee asked staff if they would ever anticipate an NCO in a neighborhood without a neighborhood plan. Planning Administrator Golbabai, stated that NCO’s may be considered for any single-family area meeting the terms of the UDO. Applicant, David Shellenberger, Oakwood Subdivision, College Station, was available to present to the commission on the process and timeline of the NCO, as well as answer any questions. Chairperson Kee asked how the boundary for the NCO was changed or decided from initial conversations in May 2017 to November 2017. Mr. Shellenberger stated that the boundary areas were decided/modified with City Staff input. Applicant, Hayes Glover, Oakwood Subdivision, College Station, was available to present to Commission regarding the NCO standards requested. September 20, 2018 P&Z Regular Meeting Minutes Page 4 of 6 Chairperson Kee asked about the maximum building height being changed to 33-feet, and why there was not a limitation to two stories. Planning Administrator Golbabai explained that based on the ordinance today, a habitable third story is not allowed, so limiting to two stories was not sufficient with attic space included. Chairperson Kee opened the public hearing. Carlos Ayllon, College Park Subdivision, College Station, spoke in opposition to the rezoning citing concerns that the rezoning does not meet the requirements of the UDO, the NCO process had bad representation, misleading percentages on the petition making it illegal, and property right violations. Amy DuBuose, Regional Association of Realtors, spoke in opposition of the rezoning citing concerns of setting a dangerous precedent for future rezonings, disconnect within the NCO boundaries, restriction of no more than two occupants to a home, restrictive development standards, limited property owner rights to property, drops in property values, and no protection for homeowners being gerrymandered. Chantal Vessali, Oakwood Subdivision, College Station, spoke in opposition of the rezoning citing concerns for the map boundaries, unknown representation of rezoning, creation of a new neighborhood out of four neighborhoods, and gerrymandering. Ron Sepi, Vice President of Municipal Affairs for the student organization, spoke in opposition of the rezoning citing concerns for a limitation to no more than two occupants per single-family dwelling, and not accomplishing the goal for neighborhood integrity. Suzy Daggan, College Park Subdivision, College Station, spoke in opposition of the rezoning, citing concerns of lack of communication, lack of an investment property owner on the NCO committee, and property restrictions. Ms. Daggan also stated that College Park needs to remain separate, and the NCO does not need to be pieced together to create a new neighborhood. Lee Daggan, College Park Subdivision, College Station, spoke in opposition of the rezoning citing concerns of lack of communication, unintended consequences and property rights. Scott Shafer, Oakwood Subdivision, College Station, spoke in support of the rezoning stating that the NCO will help to save the character of the neighborhood. Julie Schultz, Edelweiss Estates, College Station, spoke on her quoted City Council comments regarding an NCO for this area. Ms. Schultz stated that the process has been followed, however she has an issue with the boundary and the amount of supporters in each legally platted neighborhood. Ms. Schultz stated her support of the Oakwood Subdivision being rezoned. Ms. Schultz asked if a group can undo or change the overlay once in place or if the City has rezoned property without owner authority. Bill Bingham, College Park Subdivision, College Station, spoke in support of the rezoning noting his approval of protection. September 20, 2018 P&Z Regular Meeting Minutes Page 5 of 6 Parviz Vessali, Oakwood Subdivision, College Station, spoke in opposition for the rezoning, citing concerns for the validity of proposed maximum building height, the possibility of driving away investors and property market issues. Chairperson Kee closed the public hearing. Commissioner Burns stated concern with the petition process. Mr. Burns stated that the NCO is essentially creating a new neighborhood with arbitrary boundaries. Planning Administrator Golbabai stated that this NCO would be a neighborhood as defined by the UDO. Commissioner Burns asked why the west side of Montclair Avenue, Woodson Village and Woodson Village Phase Two is not part of the NCO. Planning Administrator Golbabai stated that Montclair Avenue would have included only one side of the street, and that an NCO does not have to follow the lines of a subdivision. Commissioner Oldham asked the applicants if the NCO is focused around a school or a park as per the definition of a neighborhood within the UDO. Mr. Oldham also asked if the proposed NCO boundaries constitute a legal subdivision. City Attorney Robinson stated that the UDO defines a neighborhood as it relates to these districts. Ms. Robinson further stated that staff has reviewed the proposed boundaries for this district and the zoning administrator has determined these boundaries meet the requirements of the UDO. Commissioner Oldham asked if this is a neighborhood as pursuant to the UDO. City Attorney Robinson stated that staff has determined this is a neighborhood as per the UDO, for conservation purposes. Commissioner Oldham asked the applicant if they were ok with the Commission changing the boundary of the NCO. Mr. Hayes stated that it would depend on the requirements imposed by the Commission. Commissioner Mather motioned to recommend approval of the Rezoning as presented with the criteria that the 8,500 square foot lot size requirement to be treated as a subdivision regulation. Commissioner Oldham seconded the motion. There was general discussion amongst the Commission regarding the boundary line of the NCO. Commissioner Mather withdrew the motion. Commissioner Oldham seconded the withdrawal. Commissioner Mather motioned to recommend approval of the Rezoning for the Oakwood platted subdivision, Delaney Subdivision and Woodson Village with the criteria that the 8,500 square foot lot size requirement to be treated as a subdivision regulation. The motion was seconded by Commissioner Oldham. September 20, 2018 P&Z Regular Meeting Minutes Page 6 of 6 There was general discussion. The motion passed (4-1) with commissioner Burns in opposition. 9. Discussion and possible action on future agenda items – A Planning & 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. There was no discussion. 10. Adjourn The meeting adjourned at 10:36 p.m. Approved: Attest: ______________________________ ________________________________ Jane Kee, Chairman Kristen Hejny, Admin Support Specialist Planning & Zoning Commission Planning & Development Services