HomeMy WebLinkAbout06/18/2020 - Minutes - Planning & Zoning CommissionJune 18, 2020 P&Z Meeting Minutes Page 1 of 8
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting June 18, 2020 6:00 p.m. Phone: 888 475 4499 and Webinar ID: 951 7165 1282 Internet: https://zoom.us/j/95171651282
COMMISSIONERS PRESENT: Dennis Christiansen, Jeremy Osborne, Elizabeth Cunha, Joe Guerra, Bobby Mirza, Bill Mather COMMISSIONERS ABSENT: Paul Gunnels COUNCIL MEMBERS PRESENT: Dennis Maloney, Linda Harvell CITY STAFF PRESENT: Jennifer Prochazka, Molly Hitchcock, Carol Cotter, Erika Bridges, Anthony Armstrong, Jason Schubert, Alyssa Halle-Schramm, Rachel Lazo, Jesse DiMeolo, Treston Rodriguez, Leslie Whitten, Robin Macias and Kristen Hejny 1. Call to Order, Pledge of Allegiance, Consider Absence Request.
Chairman Christiansen called the meeting to order at 6:00 p.m.
2. Hear Visitors
No visitors spoke. 3. Consent Agenda
3.1 Consideration, discussion and possible action to approve meeting minutes.
• June 4, 2020
3.2 Presentation, discussion, and possible action regarding a Final Plat for Midtown Reserve Phase 104 on approximately 5.4 acres generally located northeast of the intersection of Toledo Bend Drive
and Double Mountain Road. Case #FP2019-000002 3.3 Presentation, discussion, and possible action regarding a Final Plat for Midtown Reserve Phase 201
on approximately 7.8 acres generally located northeast of the intersection of Rock Prairie Road and Town Lake Drive. Case #FP2019-000020
Commissioner Osborne motioned to approve the Consent Agenda. Commissioner Cunha seconded the motion, motion passed (5-0).
Regular Agenda 4. Consideration, discussion and possible action on items removed from the Consent Agenda by Commission Action.
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No items were removed from the Consent Agenda.
5. Informational
5.1 Discussion of new development applications submitted to the City.
New Development Link: www.cstx.gov/newdev
There was general discussion amongst the Commission.
5.2 Presentation and discussion regarding a potential Restricted Occupancy Overlay District.
Staff Planner Broadnax presented this item to the Commission.
Commissioner Guerra joined the meeting at 6:15 p.m.
Commissioner Osborne asked for the adoption date of the “no more than four” ordinance.
Staff Planner Broadnax stated that the ordinance was adopted upon the City’s adoption of its first zoning ordinance in 1939.
Commissioner Osborne asked for the number of violations in regards to the “more than four” ordinance, since that time.
Staff Planner Broadnax stated that the Code Enforcement division has estimated this number to be in the hundreds.
Commissioner Guerra clarified that this ordinance would only apply to single-family zoning districts.
Staff Planner Broadnax confirmed that this ordinance would only apply to single-family districts, and only those who could apply for a Neighborhood Conservation Overlay (NCO), could apply for a Restricted Occupancy Overlay.
Commissioner Guerra asked if this ordinance is adopted by City Council, will this apply to the entire City of College Station.
Staff Planner Broadnax stated that this would only apply to those neighborhoods that requested the
overlay district, and would not be a standard zoning district.
Commissioner Guerra asked about grandfathering, and expressed concerns with investment property owners having to remove renters if not grandfathered.
Staff Planner Broadnax stated grandfathering is proposed, so that if adopted, this would be a policy to abide by. Ms. Broadnax further stated that the City of College Station mirrored the City of Bryan’s grandfathering policy.
Commissioner Guerra asked in regard to the definition of families, if flexibility on the definition would be added to the ordinance.
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Staff Planner Broadnax stated that Staff has not explored expanding the definition of families. Ms.
Broadnax further stated that City Council could incorporate any changes upon adoption.
Chairman Christiansen asked for information on the City of Bryan’s experience with this overlay.
Staff Planner Broadnax stated that she has spoken with Randy Haynes with the City of Bryan about
their experience. Ms. Broadnax was able to share that the City of Bryan has stated that the ordinance is difficult to enforce, but does act as a deterrent.
Fred Dupriest, College Park Subdivision, College Station, spoke on behalf of a group, in favor of
the Overlay, stating his current concerns for incompatibility, displacement of families, loss of affordability and gentrification.
Donald Deere, Foxfire Subdivision, College Station, spoke in opposition of the Overlay, citing concerns with the 58% being too low to adopt an ordinance that can restrict use and remove current tenants. Mr. Deere also spoke to the need to grandfather the entire property or grandfather property owner and the impact on people of familiar status.
Commissioner Mather stated that it would make sense to have something with a higher return on the effort.
Commissioner Cunha expressed opposition with this ordinance, stating that it targets those of a low socioeconomic status.
Commissioner Osborne stated that a discussion such as this should not be debated via
teleconference. Mr. Osborne further stated that this Ordinance denies the nature of College Station, denies the character of the community, is discriminatory in nature, and possibly illegal.
Commissioner Guerra stated that grandfathering needs to be explored, as does expanding the
definition of family.
Chairman Christiansen stated that enforcement is currently an issue, suggesting staff review the definition of a family. Mr. Christiansen also noted that any existing subdivision with significant
rental is very unlikely to pass the ordinance, stating that some subdivisions may adopt the ordinance to keep rentals out. Mr. Christiansen agreed that this discussion was not appropriate for a teleconference meeting.
5.3 Presentation and discussion regarding an update on items heard:
• A Rezoning of approximately 14 acres located at 2325 Harvey Mitchell Parkway South from GC General Commercial and O Office to MF Multi-Family, NAP Natural Areas Preserved and GC General Commercial. The Planning & Zoning Commission heard this item on June 4, 2020 and voted (5-0) to recommend approval. The City Council heard this item on June 11, 2020, and voted (6-0) to approve the request.
• An Ordinance Amending Appendix A, Regarding the Neighborhood Preservation Overlay
(NPO). The Planning & Zoning Commission heard this item on May 21, 2020, and voted (4-0) to recommend approval. The City Council heard this item on June 11, 2020, and voted (6-0) to approve the request.
There was no discussion.
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5.4 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings:
• Thursday, June 25, 2020 ~ City Council Meeting ~ Virtual Meeting ~ Workshop 4:00 P.M. & Regular 6:00 P.M. (Liaison – Mather)
• Thursday, July 2, 2020 ~ P&Z Meeting ~ Virtual Meeting ~ 6:00 P.M.
• Thursday, July 9, 2020 ~ City Council Meeting ~ Virtual Meeting ~ Workshop 4:00 P.M.
& Regular 6:00 P.M. (Liaison – Osborne)
• Thursday, July 16, 2020 ~ P&Z Meeting ~ Virtual Meeting ~ 6:00 P.M.
There was no discussion.
5.5 Discussion and review regarding the following meetings: Design Review Board, BioCorridor
Board, Comprehensive Plan Evaluation Committee.
There was general discussion.
6. Regular Agenda
6.1 Public Hearing, presentation, discussion, and possible action regarding a Final Plat for Oak Hills Subdivision Lot 1A, Lot 1B, and Lot 1C, including a replat of Oak Hills Subdivision part of Lot 1 and Lot 2 on approximately 3.445 acres generally located at the western corner of the intersection
of White Creek Road and River Road. Case #FP2020-000012
Staff Planner DiMeolo presented the Final Plat to the Commission, stating that the plat meets all City requirements and recommending approval.
Assistant City Attorney Whitten clarified that if the replat meets all state requirements, the approval becomes a ministerial decision. Ms. Whitten also stated that it is City staff and Legal’s position, that the plat meets all requirements.
Commissioner Cunha asked if the plat is in line with the subdivision’s current deed restrictions, specifically referring to the 200-foot frontage standard for each lot.
Staff Planner DiMeolo stated that after reading through the deed restrictions, in regards to the 200-foot frontage requirement, the language is unclear whether the restriction is applicable to the entire subdivision, or lot 57 only.
Assistant City Attorney Whitten stated that when reviewing the 1959 Subdivision Covenants, it appears the language used regarding the frontage, only applies to lot 57.
Commissioner Guerra asked if the replat was based upon two lots.
Assistant City Attorney Whitten stated that the language itself is interpreted to only apply to lot 57, additionally staff found two lots in original plat that did not meet the frontage requirement.
Chairman Christiansen opened the public hearing.
Charlene Lusk, Oak Hill Subdivision, College Station, spoke in opposition of the final plat, citing concerns for violating deed restrictions in regards to the 200-foot frontage, and concern for existing septic system lines.
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Russ Cotwall, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for
violating deed restrictions.
Camilo Rivera, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Elizabeth Sharp-Aparicio, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Raul Aparicio, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for
violating deed restrictions.
Mason Newton, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for the property owner requesting the replat, and property value decline. Mr. Newton also mentioned a 2007 Deed Restriction update, stating that this submission does not meet certain requirements.
Gordon Gregg, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions, along with concerns that this item is being heard via teleconference.
James Anderson, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for community character, and violating deed restrictions.
Sam Cook, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions, and septic system field line concerns.
Joyce Marquezio, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Cathie Viens, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for
violating deed restrictions.
Diana Kohring, Washington, Texas, spoke in opposition of the final plat, citing concerns for a decline in property values, quality of life, roads and infrastructure, and violating subdivision
regulations.
Joe Northrup, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for neighborhood character, and violating deed restrictions.
Mark Brack, Oak Hills Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Clint Plezl, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Scott Finlayson, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Tom Arnold, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
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Mark & Annie Mason, Oak Hill Subdivision, spoke in opposition of the final plat, citing
concerns for violating deed restrictions.
Doug Krebs, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Dr. Jeff Edwards, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for violating deed restrictions.
Bob Wilkes, Oak Hill Subdivision, spoke in opposition of the final plat, citing concerns for
violating deed restrictions.
Chairman Christiansen closed the public hearing.
Assistant City Attorney Whitten reiterated that the deed restriction language applies only to lot 57 which addresses the 200-foot frontage, and the replat meets all State requirements. Ms. Whitten also stated that each property owner does have the right to bring a private cause of action against the property owner.
Commissioner Mather suggested postponing a Commission decision, wishing to review legal documentation.
Commissioner Guerra asked if Brazos County has their own subdivision regulations, and if they have reviewed the plat.
Staff Planner Dimeolo confirmed that Brazos County does have subdivision regulations, and they
have reviewed the plat.
Commissioner Guerra asked if infrastructure has been installed on the property.
Staff Planner Dimeolo stated that the infrastructure is existing on the property.
Commissioner Guerra asked for the outcome on the plat, if the Commission decides not to take action.
Assistant City Attorney Whitten stated that if the Commission takes no action, the plat will be
automatically approved within 30 days of being deemed complete.
Chairman Christiansen asked if the Commission’s decision was delayed or tabled, would the outcome change.
Assistant City Attorney Whitten stated that the legal interpretation would not change.
Commissioner Cunha asked if staff and the Commission have satisfied the State law of compliance.
Assistant City Manager Prochazka stated that this item is a ministerial item that meets all minimum requirements.
Commissioner Osborne asked if the plat was approved, would that preclude legal action at a later date.
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Assistant City Attorney Whitten stated that approval of the plat would not preclude legal action
down the road.
Commissioner Guerra motioned to postpone action on the item until July 30, 2020, at which point, the plat would be automatically approved.
There was general discussion.
Commissioner Mather seconded the motion.
There was general discussion amongst the Commission and the Legal Department.
The motion passed (4-2) with Chairman Christiansen and Commissioner Osborne voting in opposition.
6.2 Public Hearing, presentation, discussion and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to PDD Planned Development District on approximately 33 acres of land located at 5604, 5900 & 5102 Rock Prairie Road. Case #RZ2020-000003 (Note: Final action on this item is scheduled for the June 25, 2020 City Council meeting – subject to change.)
Senior Planner Lazo presented the Rezoning to the Commission, recommending approval.
Commissioner Guerra asked with a minimum of 1,500 square foot lots, what types of development could be constructed.
Senior Planner Lazo stated that there are multiple uses permitted such as Duplex, Townhome, Multi-Family and Single-Family dwellings.
Commissioner Guerra questioned the pavement width of 30 feet, asking if this has to meet
residential parking requirements.
Senior Planner Lazo stated that they have met the minimum pavement width, explaining that if they have wide streets they are not required to provide additional off-street parking.
Commissioner Guerra asked about the Traffic Impact Analysis (TIA), timeline for Rock Prairie Road Capital Improvement Project (CIP), and the Texas Department of Transportation’s (TxDOT) work on State Highway 6.
Transportation Planning Coordinator Schubert stated that mitigation assumed with the development that both projects will be completed.
Chairman Christiansen opened the public hearing.
Applicant Joe Schultz, Schultz Engineering, College Station, was available to answer questions from the Commission.
Chairman Christiansen closed the public hearing.
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Commissioner Osborne motioned to recommend approval of the Rezoning. Commissioner Guerra seconded the motion, the motion passed (5-0-1) with Commissioner Mather Abstaining.
7.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 orthe recitation of existing policy may be given. Any deliberation shall be limited to a proposal toplace the subject on an agenda for a subsequent meeting.
Commissioner Guerra requested a summary report from Capital Improvements Department ontransportation project timelines.
Adjourn
The meeting adjourned at 8:35 p.m.
Approved: Attest:
______________________________ ________________________________ Dennis Christiansen, Chairman Kristen Hejny, Admin Support Specialist
Planning & Zoning Commission Planning & Development Services