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HomeMy WebLinkAbout04/19/2021 - Special Minutes - City CouncilSPW041921 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING CITY OF COLLEGE STATION APRIL 19, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Mooney at 4:01 p.m. on Monday, April 19, 2021 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Special Agenda. 2.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-42 amending Appendix A, “Unified Development Ordinance,” Section 1.10 “Transitional Provisions,” Section 3.3 “Zoning Map Amendment (Rezoning),” Section 4.1 “Establishment of Districts,” and Section 5.11 “Single-Family Overlay Districts” of the Code of Ordinances of the City of College Station, Texas, regarding the Restricted Occupancy Overlay (ROO). Case# ORDA2021-000003. Alyssa Halle-Schramm, Planning and Development, stated that the City Council requested that City staff draft a Restricted Occupancy Overlay (ROO) ordinance and associated handbook that would allow single-family property owners the option to request an overlay zoning restricting occupancy to no more than two unrelated persons. City staff developed a draft ordinance, conducted multiple rounds of public input, presented that input to the Planning & Zoning Commission and City Council, and revised the draft based on guidance provided by the City Council at their March 11, 2021 Workshop. SPW041921 Minutes Page 2 The ROO ordinance language necessitated a few text amendments to the Neighborhood Conservation Ordinance (NCO) language within Section 5.11 of the Unified Development Ordinance to account for the addition of a new ROO zoning. These amendments to the NCO language are minor in scope and not substantive changes to the NCO provisions. At their workshop, a majority of City Councilmembers provided direction to proceed with developing the draft ROO ordinance. A majority of the Council preferred “50% plus one” as the required percentage of property owners needed to sign the petition in support of a ROO zoning application. Council also gave direction to draft a legacy clause (also known as “grandfathering”) that would permit existing occupancy levels to continue in a subdivision that successfully gets a ROO and would set parameters for what necessitates those properties needing to come into compliance with the ROO occupancy restrictions. Staff created a ROO Process Handbook to assist neighborhoods through the overlay zoning process. The handbook outlines the responsibilities of both the neighborhood and the City and includes checklists and templates for items such as the rezoning petition, neighborhood meeting agendas, and meeting minutes. The handbook will serve as a procedural guide for citizens and City staff and will be available for download from the City website but will not be adopted by Council. Mrs. Halle-Schramm presented a summary of changes and potential options for the council to consider:  5.11.D.1.c.2. The Petition Committee may shall consist of property owners of platted single-family development from the original subdivision. Two Options for 5.11.D.1.e.6.c. --- Note: They’re currently leaning for option two here.  OPTION 1: UDO 5.11.D.1.e.6.c. The nonconforming use changes or occupancy increases. Decreases in the nonconforming use occupancy levels existing at the time a ROO is adopted shall not be an indication of abandonment as specified in 9.2.C. “Abandonment,” or cause a loss of the legal nonconforming use status; or  OPTION 2: UDO 5.11.D.1.e.6.c. The nonconforming use changes or occupancy increases. Decreases in the nonconforming use occupancy levels below four unrelated persons shall not be an indication of abandonment as specified in 9.2.C. “Abandonment”, or cause a loss of the legal nonconforming use status; or The Planning & Zoning Commission heard this item at their April 15, 2021 regular meeting, where they voted 4-3 to recommend approval. Staff also recommends approval. At 5:14 p.m., the Mayor recessed the Special meeting. Section Change 1.10 – Transitional Provisions Adds ROO as a New District 3.3 – Zoning Map Amendment ROO rezoning application requirements 4.1 – Establishment of Districts Adds ROO to list of zoning districts 5.11 – Single Family Overlay Districts ROO standard and legacy clause SPW041921 Minutes Page 3 The Special meeting reconvened at 5:37 p.m. At approximately 5:37 p.m., Mayor Mooney opened the Public Hearing. Jeff Leatherwood, College Station, stated that he represents a concerned group of citizens as well as the president of the local MLS, here to express that he believes Council has no real understanding about potential impacts of the ROO. He believes that there should be an Economic Impact study done before considering this ordinance. Donald Deere, College Station, came before Council to express his concerns with the proposed ROO ordinance. Mr. Deere stated that the current Legacy Clause and interplay with Section 9.2 of UDO is a mess and the Legacy right would be lost forever if any of the following occurs for more than 3 months: renting to a family, leaving vacant for allowed alteration/renovation or changes from 4 to 3 or from 3 to 4 unrelated tenants. Changing between 3 and 4, or between family and students is not simply a choice, but a response to market conditions. He believes that the “use” that is “grandfathered” should be based on rental vs. owner occupancy. Carly Oldag, College Station, stated that she is a student and representing the student body who is against the proposed ROO ordinance. She read a resolution that was passed by the student body against the ROO and feels students feel less valued as citizens because of this proposed ordinance. Elianor Vessali, College Station, came before Council to express her disappointment in the Council for bringing this forward, citing how discriminatory and exclusionary this ordinance is. She believes that the council is ignoring the voters and working to deny owners their property rights. Ms. Vessali also stated she believes that the ROO will discriminate against individuals and restrict their ability to live where they choose in the community. Kurt Fisher, College Station, stated that the ROO denies equality for different households under the law based on relation and marital status. He argues that if four individual renters live in a house on the left and four related individuals live in the house to the right, aren’t they all citizens? This is an attack against renters and unrelated individuals and the ROO turns a blind eye to problems created by some owners and traditional families. Fred Dupriest, College Station, stated that he supports the ROO in the alternative version presented and requests that the “legacy clause” to be the same as the occupancy recorded on the date of record. Charles Vesperman, College Station, believes that those who oppose or are attempting to delay the ROO do so on the basis of personal financial gain and not care for the community. Andrew Scottsboro, College Station, supports the ROO even though he is a renter. He stated that the single-family home he rents for his family is surrounded by students who are not interested in living and enjoying the climate of a single-family neighborhood but instead treat the neighborhood as temporary housing for their college experience. Kathryn Lindsay, College Station, believes that this tool will allow neighborhoods a mechanism to protect themselves from investors and being turned into rental communities. SPW041921 Minutes Page 4 Robert McGeachin, College Station, stated that he is a longtime resident who has seen the character of his neighborhood changed by rentals. He believes that the ROO could be a tool to help protect newer neighborhoods and he would have been pleased to have such a tool to protect his neighborhood. Charles White, College Station, stated he is not in favor of the ROO for many of the reasons mentioned. He also believes that even if passed the grandfathering clause is unclear and needs some work. Diana Wood, College Station, believes that the ROO can protect homeowners and their investments by preventing a rental housing bubble. She stated that students do have protected housing because many complexes will not rent to families. Kirk Edney, College Station, stated he has lived here for over 20 years and he has seen his neighborhood transition to a rental community over time and the neighborhood has suffered. He believes the ROO could be used by neighborhoods to control their future. Jacob McFarland, College Station, supports the ROO and stated that he first lived here as a student and later returned to live several years after graduation only to find that the rental market had changed. He cited the removal of older homes and dividing of lots and building smaller homes, changing the character of neighborhoods. Jessica Williams, College Station, opposes the ROO and believes that most of the citizens do as well. She stated that she does not feel like opponents of the ROO and stu dents are respected by the council. David Higdon, College Station, supports this ordinance and stated that bringing this forward has shown that the council is willing to do what is right in the face of strong opposition. He believes that it could protect neighborhoods against profit driven investors. Steven Strong, College Station, stated that he opposes this item believes that it will be overly restrictive to those wishing to rent their properties. He would like the occupancy examined as he believes it is flawed and too dependent upon consistent occupancy. Shirley Dupriest, College Station, stated that she would like to echo David Higdon’s remarks and thanked the council for considering this ordinance. Kyle Bryant, College Station, supports the ROO based on maintaining reasonable real-estate prices and making those homes available to lower income families. He believes the realtors opposed this based on profit alone. Liana Vincent, College Station, stated that she lives in an area already protected but wants to support the ROO based on allowing others to the enjoy the protections she enjoys. Gwen Howerton, College Station, opposes this ordinance based on living in this community for several years and stating that the current rental market is already inflated. This will likely make it worse. SPW041921 Minutes Page 5 Linda Lee, College Station, stated she recently bought a home and is for the ROO to protect neighborhoods against overcrowding. She stated that she is not against students but believes that overcrowding neighborhoods is a safety issue. Aadith Thiruvallarai, College Station, believes that this ordinance is against students and will have a negative impact on marginal and non-standard family structures. Keerthana Rameshbabu, College Station, stated she is a student and believes that the ROO is a massive government overreach. She believes it is discriminatory, makes neighbors suspicious, and will only increase rental prices. Nan Crouse, College Station, supports the ROO even though her neighborhood already enjoys the protections that she lives under. This would give neighborhoods the ability to invoke the protections she enjoys and thus attract more families to the community. Patricia McDermott, College Station, encourages the council to pass the ROO and support neighborhoods. She believes that this would bring balance to the community and should be strongly enforced. Katie Ruffino, College Station, stated that a petition online has over 4000 signatures and this has been strongly opposed by the citizens, but the council still pushes this forward. She believes the the current grandfather clause is flawed and would change uses between leases, thus not making it ineffective in protecting the current use. Virgia Thomas, College Station, supports the ROO as a mechanism to protect homeowners from inflated values and taxes. Amy DuBose, College Station, represents a collation who oppose this ROO and stated that an online petition has gathered more than 4000 signatures in opposition. Rachel Smith, College Station, believes that the ROO is not anti-student but in support of citizens who call College Station their permanent home. Helena MacCrossan, College Station, stated that she opposes the ROO based on allowing people to choose where they live, mostly in the future when many of the homes have lost their grandfathering. Carlo Chunga, College Station, stated he is a student, immigrant, and 16-year resident who could not have lived in any of the places he has under a ROO. He believes it discriminator y and will make people prejudice against neighbors who do not fit their picture of a family. Eric Mendoza, College Station, is a student who opposes the ROO and supports the comments of the student body chair and the resolution read on behalf of the student body. Lisa Halperin, College Station, thanked the City Council for listening to the residents in the older parts of College Station and offering us the opportunity to use a ROO. She stated that this type of protection is offered in many other college towns, such as San Marcos, and is one tool to project neighborhoods. SPW041921 Minutes Page 6 Zachary Freedom, College Station, stated he opposes the ROO and that it dismisses a large portion of the population in favor of a minority. He believes that a more inclusive solution should be sought by council. Frey Miller, College Station, stated that this item is about housing and that the ROO is not to be confused with other issues. He believes that this item is discriminatory and will fail to provide affordable housing to a vulnerable portion of the community. There being no comments, the Public Hearing was closed at 7:50 p.m. At 7:50 p.m., the Mayor recessed the Special meeting. The Special meeting reconvened at 7:59 p.m. MOTION: A motion was made by Councilmember Nichols and a second by Councilmember Maloney to adopt the proposed Ordinance No. 2021-4259 with the following modifications: 1. In sec. 5.11.D.1.c.(2) change the term “may” to “shall”; 2. Add the following language to sec. 5.11.D.1.d.: “Accessory living quarter requirements are further specified in UDO sec 6.5 “Accessory Uses” within the standards for “Living Quarters”: 3. Add the following language to sec. 5.11.D.1.e.6.c: - “Decreases in the nonconforming use occupancy levels existing at the time a ROO is adopted shall not be an indication of abandonment as specified in sec. 9.2.C. “Abandonment”, or cause a loss of the legal nonconforming use status” 4. Add subsection (e) to sec. 5.11.D.1.e.6. to add the language: “The termination of registration with the City’s Rental Registration program”; and 5. In sec. 5.11.D.2.a remove the language “while balancing the need for redevelopment of vacant or underutilized properties.” (AMENDED) MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Harvell, the Council voted seven (7) for and none (0) opposed, to amend the motion on the floor to modify the language “Add the following language to sec. 5.11.D.1.e.6.c: - “Decreases in the nonconforming use occupancy levels existing at the time a ROO is adopted shall not be an indication of abandonment as specified in sec. 9.2.C. “Abandonment”, or cause a loss of the legal nonconforming use status” to “Add the following language to sec. 5.11.D.1.e.6.c: - “Decreases in the nonconforming use occupancy levels below four unrelated persons shall not be an indication of abandonment as specified in sec. 9.2.C. “Abandonment”, or cause a loss of the legal nonconforming use status.” The motion to amend carried unanimously. The Council voted five (5) for and two (2) opposed, with Mayor Mooney and Councilmember Cunha voting against, to adopt the ordinance as amended. The amended motion carried. 3. Adjournment. There being no further business, Mayor Mooney adjourned the Special Meeting of the College Station City Council at 9:08 p.m. on Monday, April 19, 2021. ________________________ Karl Mooney, Mayor ATTEST: SPW041921 Minutes Page 7 _______________________ Tanya Smith, City Secretary