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HomeMy WebLinkAbout07/15/2021 - Agenda Packet - Planning & Zoning CommissionCollege Station, TX Meeting Agenda Planning and Zoning Commission 1101 Texas Ave, College Station, TX 77840 Internet: https://zoom.us/j/95783658838 Phone: 888 475 4499 and Webinar ID: 957 8365 8838 The City Council may or may not attend the Planning & Zoning Commission Regular Meeting. July 15, 2021 6:00 PM City Hall Council Chambers College Station, TX Page 1 This meeting will offer both inperson and remote participation following both the City’s  Guidelines for inperson, virtual attendance, and the speaker protocol in the agenda. The city  uses a thirdparty vendor to help host the meeting and if the callin number is not functioning  access will be through the internet link only.      1.Call to Order, Pledge of Allegiance, Consider Absence Request.        2.Hear Visitors.     At this time, the Chairperson will open the floor to visitors wishing to address the Commission on  issues not already scheduled on tonight's agenda. An individual who wishes to address the  Commission regarding any item on the agenda shall register with the Commission Secretary prior to  4 p.m. on the day of the meeting. To register, the individual must provide a name and phone number  by calling 979.764.3751 or emailing khejny@cstx.gov prior to 4 p.m. To submit written comments to  the Commission, email khejny@cstx.gov and they will be distributed to the Commission. The visitor  presentations will be limited to three minutes in order to accommodate everyone who wishes to  address the Commission and to allow adequate time for completion of the agenda items. The  Commission will receive the information, ask city staff to look into the matter, or will place the matter  on a future agenda for discussion. (A recording is made of the meeting; please give your name and  address for the record.)     3.Informational Agenda     3.1.Discussion of new development applications submitted to the City.       New Development Link: www.cstx.gov/newdev 3.2.Discussion of Minor / Amending Plats approved by Staff: Williams Creek Lake Estates Phase 2A; Block 4, Lots 33R & 34 ~ Case #FP2021­ 000014 Aggieland Business Park Phase 2B; Block 1, Lot 5R­2 ~ Case #FPCO2021­000010 Sponsors:Robin Macias Page 1 of 40  Planning and Zoning Commission 1101 Texas Ave, College Station, TX  77840 Page 2 July 15, 2021 3.3.Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings: Thursday, July 22, 2021 ~ City Council Meeting ~ Council Chambers ~ Open Meeting  5:00 p.m. (Liaison ­ Wright) Thursday, August 5, 2021 ~ P&Z Meeting and Impact Fee Advisory Committee (IFAC) ~  Council Chambers ~ 6:00 p.m. Thursday, August 12, 2021 ~ City Council Meeting ~ Council Chambers ~ Open Meeting  5:00 p.m.  Thursday, August 19, 2021 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. 3.4.Discussion and review regarding the following meetings: Design Review Board, BioCorridor  Board.    4.Consent Agenda     All matters listed under the Consent Agenda, are considered routine by the Commission and will be  enacted by one motion. These items include preliminary plans and final plats, where staff has found  compliance with all minimum subdivision regulations. All items approved by Consent are approved  with any and all staff recommendations. Since there will not be separate discussion of these items,  citizens wishing to address the Commission regarding one or more items on the Consent Agenda  may address the Commission at this time as well. If any Commissioner desires to discuss an item on  the Consent Agenda it may be moved to the Regular Agenda for further consideration.  4.1.Consideration, discussion, and possible action to approve meting minutes. Attachments:1.July 1 2021 4.2.Presentation, discussion, and possible action regarding a Final Plat for Emerald Ridge Estates  Phase IIIA & IIIB on approximately 21.173 acres, generally located east of the intersection of  Emerald Parkway and Appomattox Drive. Case #FP2019­000034  Sponsors:Anthony Armstrong   Attachments:1.Staff Report 2.Vicinity Map, Aerial, and Small Area Map 3.Final Plat 4.3.Presentation, discussion, and possible action regarding a Final Plat for Aggieland Business  Park Phase 3A, Block 6, Lot 20R and Phase 1, Block 1, Lot 2R­2 being a Replat of  Aggieland Business Park Phase 1 Block 1, Lots 1A­1, 1A­2, 1B­1 & Phase 1, Block 1, Lot 1B­ 2R & 2R & Phase 3A, Block 6, Lot 20 & Phase 3B, Block 6, Lots 21­22 & Phase 3D, Block 6,  Lots 23­24 on approximately 28 acres, generally located at the Jones Road and Imperial Loop  intersection in College Station Extraterritorial Jurisdiction. Case #FPCO2021­000011  Sponsors:Derrick Williams   Attachments:1.Staff Report 2.Vicinity Map, Aerial, and Small Area Map 3.Final Plat    5.Consideration, discussion, and possible action on items removed from the Consent  Agenda by Commission action.     Page 2 of 40  Planning and Zoning Commission 1101 Texas Ave, College Station, TX  77840 Page 3 July 15, 2021    6.Regular Agenda     6.1.Presentation, discussion, and possible action to allow a Comprehensive Plan amendment  application to be considered within 180 days of a Comprehensive Plan amendment request  being denied for approximately 10 acres located at 1660 Graham Road.  Sponsors:Rachel Lazo   Attachments:1.Reapplication Memo 2.Reapplication Request Letter 3.Staff Report 4.Vicinity Map, Aerial, Small Area Map 5.Future Land Use Exhibit 6.Background Information 7.Applicant's Supporting Information 8.Comprehensive Plan Amendment Map 9.P&Z Minutes October 1 2020 10.City Council Minutes February 25 2021    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 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.     8.Adjourn     The Planning and Zoning Commission may adjourn into Executive Session to consider any item listed  on the agenda if a matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,  1101 Texas Avenue, College Station, Texas, on July 12, 2021 at 5:00 p.m.     City Secretary   This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and   who   may   need   accommodations,   auxiliary   aids,   or   services   such   as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting  so  that  appropriate  arrangements  can  be  made.  If  the  City  does not  receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Page 3 of 40  Planning and Zoning Commission 1101 Texas Ave, College Station, TX  77840 Page 4 July 15, 2021 Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 4 of 40 July 1, 2021 P&Z Meeting Minutes Page 1 of 3 MINUTES PLANNING & ZONING COMMISSION July 1, 2021 6:00 p.m. Phone: *888 475 4499 and Webinar ID: 936 2140 6958 Internet: https://zoom.us/s/93621406958 COMMISSIONERS PRESENT: Dennis Christiansen, Jeremy Osborne, Joe Guerra, Bobby Mirza, William Wright, Bill Mather, and Jason Cornelius COUNCIL MEMBERS PRESENT: Elizabeth Cunha CITY STAFF PRESENT: Michael Ostrowski, Carol Cotter, Erika Bridges, Anthony Armstrong, Elizabeth Pedersen, Jason Schubert, Alma Guerra, Amy Albright, Derrick Williams, Carla Robinson, and Kristen Hejny 1. Call Meeting 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. Informational Agenda 3.1 Discussion of new development applications submitted to the City New Development Link: www.cstx.gov/newdev There was no discussion. 3.2 Discussion of Minor / Amending Plats approved by Staff: • Crossing at Wellborn, Phase 1, Block 1, Lots 2R & 4R ~ Case #FPCO2021-000009 There was no discussion. 3.3 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings: • Thursday, July 8, 2021 ~ City Council Meeting ~ Council Chambers with Virtual Option ~ Open Meeting 5:00 p.m. (Liaison ~ Cornelius) • Thursday, July 15, 2021 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. • Thursday, July 22, 2021 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 5:00 p.m. (Liaison Wright) • Thursday, August 5, 2021 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. 3.4 Discussion and review regarding the following meetings: Design Review Board, BioCorridor Board. Page 5 of 40 July 1, 2021 P&Z Meeting Minutes Page 2 of 3 There was no discussion Consent Agenda 4.1 Consideration, discussion, and possible action to approve meeting minutes. • June 17, 2021 Commissioner Osborne motioned to approve the Consent Agenda. Commissioner Guerra seconded the motion, motion passed (7-0). 5. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action. There were no items removed. 6. Regular Agenda 6.1 Public Hearing, presentation, discussion, and possible action regarding an 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 changing the zoning district boundaries from D Duplex to MF Multi-Family on approximately 0.3 acres of land located at 1531 Pine Ridge Drive. Case #REZ2021-000004 (Note: Final action on this item is scheduled for the July 22, 2021 City Council meeting – subject to change.) Staff Planner Williams presented the rezoning to the Commission and recommended approval. Commissioner Guerra asked for clarification on the surrounding properties the developer is combining. Staff Planner Williams clarified the properties acquired by the developer. Director of Planning & Development Ostrowski further clarified that the property in question and the surrounding property is commonly owned and can be developed together. Chairman Christiansen opened the public hearing. No one spoke. Chairman Christiansen closed the public hearing. Commissioner Guerra motioned to recommend approval for the Rezoning. Commissioner Mather seconded the motion. Commissioner Guerra spoke to his motion to recommend approval for the rezoning stating that surrounding properties are already rentals, this is development that will bring more density in the urban core and does not impact any neighborhoods. The motion passed (7-0). Page 6 of 40 July 1, 2021 P&Z Meeting Minutes Page 3 of 3 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 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. 8. Adjourn The meeting adjourned at 7:11 p.m. Approved: Attest: ______________________________ ________________________________ Dennis Christiansen, Chairman Kristen Hejny, Admin Support Specialist Planning & Zoning Commission Planning & Development Services Page 7 of 40 Planning & Zoning Commission July 15, 2021 Scale 16 lots and a common area on approximately 21.173 acres Location Generally located east of the intersection of Emerald Parkway and Appomattox Drive Property Owner Emerald Ridge Estates, LTD Applicant Bleyl & Associates Project Manager Anthony Armstrong, Engineering Services & Construction Inspections Manager aarmstrong@cstx.gov Project Overview This is the third phase(s) of the Emerald Ridge Estates subdivision that will complete the development of the original tract. Preliminary Plan Approved May 18, 2018 Public Infrastructure Total linear feet proposed: 1,494 Streets (Private) 1,068 Sanitary Sewer Lines 1,128 Sidewalks (Private) 1,391 Water Lines Parkland Dedication $18,915 of community and neighborhood parkland dedication for 16 single family lots Traffic Impact Analysis Not required Compliant with Comprehensive Plan (including Master Plans) and Unified Development Ordinance Yes Compliant with Subdivision Regulations Yes Staff Recommendation Approval Supporting Materials 1. Vicinity Map, Aerial, and Small Area Map 2. Final Plat Final Plat of Emerald Ridge Estates Phase IIIA and IIIB FP2019-000034 Page 8 of 40 Page 9 of 40 Page 10 of 40 Page 11 of 40 ROLLING HILL TR AIL PRIVATE STREET, 10555/116 (O) EMERALD RIDGE ESTATES PHASE I PLAT, 10555/116 (O) EM ER A L DRI DG E SANDSTONE ADDITION PLAT, 506/473 (D) SAN D S T O N E D RI V E 60' R. O. W., 3 8 9/ 1 7 9( D)INDIAN TRAIL50' R.O.W., 930/651(O)QU E E N S C O U R T PRI V A T E S T R E E T 1.499 ACRE (50' W I D E ) C O M M O N A R E A , PUBLIC ACCESS E A S E M E N T , P r D E & P U E BLOCK 1 2.381 ACRES 18.792 ACRES 2.315 AC 0.913 AC 0.912 AC 0.979 AC 0.935 AC 1.721 AC 0.756 AC 0.864 AC 1.073 AC 1.332 AC 1.085 AC 0.905 AC 0.824 AC (0.821 AC) 0.887 AC (0.689 AC) 1.686 AC (1.333 AC)PRIVATE STREET 0.106 AC COMMON AREA 1 & PUBLIC ACCESS EASEMENT BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 FLOOD ZONE 'X' UNSHADED FLOOD Z O N E ' A E ' SANDSTONE DRAPPOMATTOX DREMERAL D P W INDIAN TR_____________________________________________ _________________________________________________ _________________________________________________ ___________________________________ _____________________________ ____________________________ _____________________________________ ________________________________ _______ _______________ ____________________ _______________________________ ____________________________ _______________________________ __________________________________ 1.686 AC (1.333 AC) Page 12 of 40 ROLLING HILL TR AIL PRIVATE STREET, 10555/116 (O) EMERALD RIDGE ESTATES PHASE I PLAT, 10555/116 (O) EM ER A L DRI DG E SANDSTONE ADDITION PLAT, 506/473 (D) SAN D S T O N E D RI V E 60' R. O. W., 3 8 9/ 1 7 9( D)INDIAN TRAIL50' R.O.W., 930/651(O)QU E E N S C O U R T PRI V A T E S T R E E T 1.499 ACRE (50' W I D E ) C O M M O N A R E A , PUBLIC ACCESS E A S E M E N T , P r D E & P U E BLOCK 1 2.381 ACRES 18.792 ACRES 2.315 AC 0.913 AC 0.912 AC 0.979 AC 0.935 AC 1.721 AC 0.756 AC 0.864 AC 1.073 AC 1.332 AC 1.085 AC 0.905 AC 0.824 AC (0.821 AC) 0.887 AC (0.689 AC) 1.686 AC (1.333 AC)PRIVATE STREET 0.106 AC COMMON AREA 1 & PUBLIC ACCESS EASEMENT BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 SEE DETAIL Page 13 of 40 ROLLING HILL TR AIL PRIVATE STREET, 10555/116 (O) EMERALD RIDGE ESTATES PHASE I PLAT, 10555/116 (O) EM ER A L DRI DG E SANDSTONE ADDITION PLAT, 506/473 (D) SAN D S T O N E D RI V E 60' R. O. W., 3 8 9/ 1 7 9( D)INDIAN TRAIL50' R.O.W., 930/651(O)QU E E N S C O U R T PRI V A T E S T R E E T PRIVATE STREET POINT OF BEGINNING ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” Page 14 of 40 Planning & Zoning Commission July 15, 2021 Scale 2 lots on approximately 28 acres Location Generally located at the Jones Road and Imperial Loop intersection in the College Station Extraterritorial Jurisdiction. Property Owner G-Con Manufacturing Inc. Applicant Shultz Engineering, LLC Project Manager Derrick Williams, Staff Planner dwilliams@cstx.gov Project Overview A Master Plan for the subject tract was approved in March 2006. The initial Preliminary Plat was approved in April 2006 for 17 lots over three phases. The Preliminary Plat has been revised several times over the years with new lot configurations, subdivisions, and phasing, and to accommodate additional property into the development. Preliminary Plan Master development plan in 2006. Original preliminary plan in 2006 with revisions in 2007, 2008, 2009, 2010, 2015, 2016, 2017 Public Infrastructure N/A Parkland Dedication N/A Traffic Impact Analysis Not required Compliant with Comprehensive Plan (including Master Plans) and Unified Development Ordinance N/A Compliant with Subdivision Regulations Yes Staff Recommendation Approval Supporting Materials 1. Vicinity Map, Aerial, and Small Area Map 2. Final Plat Final Plat Aggieland Business Park Phase 3A, Block 6, Lot 20R Phase 1, Block 1, Lot 2R-2 Being a Replat of Aggieland Business Park Phase 1 Block 1, Lots 1A-1, 1A-2, 1B-1 & Phase 1, Block 1, Lot 1B-2R & 2R & Phase 3A, Block 6, Lot 20 & Phase 3B, Block 6, Lots 21-22 & Phase 3D, Block 6, Lots 23-24 FPCO2021-000011 Page 15 of 40 Page 16 of 40 Page 17 of 40 Page 18 of 40 1.485 AC. BLOCK 1 LOT 1A-2 1.490 AC. BLOCK 1 LOT 1B-1 3.487 AC. BLOCK 1 LOT 1B-2R 1.880 AC. BLOCK 1 LOT 1A-1 1.096 AC. BLOCK 6 LOT 23 1.704 AC. BLOCK 6 LOT 24 2.197 AC. BLOCK 6 LOT 22 1.861 AC. BLOCK 6 LOT 21 8.824 AC. BLOCK 6 LOT 20 JONES ROAD CALIBRATION COURTMA T R I X D R I V EMATRIX DRIVEIMPERIAL LOOPJONES ROADJONES ROAD PHA S E 3 B PHA S E 3 D PHA S E 3 A PHA S E 1IMPERIAL LOOP4.015 AC. BLOCK 1 LOT 2R 10593/61 10593/61 15093/62 15093/62 13788/31 9728/17 9728/17 9728/17 16749/239 16749/239 TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER:SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 TBPELS FIRM # 10018500 SCALE 1'' = 100' JULY 2021 LEGEND VICINITY MAP NOT TO SCALE JO N E S R O A D IMPE RI AL L O OP MATRI X DRI VE P A R A M E T E R COUR T CALIBRATIO N COURT MAT RIX DRI V E ORIGINAL PLAT 9728/17, 15093/61, 15093/62, 13788/31, 16749/239 PAGE 1 OF 2 OWNER/DEVELOPER: 60-JONES ASSOCIATES LTD 6166 Imperial Loop, Site 10 College Station, Tx 77845 (979) 776-4740 G-CON MANUFACTURING INC 6161 Imperial Loop, Site 101 College Station, Tx 77845 (979)431-0700 FINAL PLAT AGGIELAND BUSINESS PARK PHASE 3A, BLOCK 6, LOT 20R PHASE 1, BLOCK 1, LOT 2R-2 28.04 ACRES BEING A REPLAT OF AGGIELAND BUSINESS PARK PHASE 1 BLOCK 1, LOTS 1A-1, 1A-2, 1B-1 VOL. 9728, PG. 17 & PHASE 1, BLOCK 1, LOT 1B-2R & 2R VOL 16749 , PG.239 & PHASE 3A, BLOCK 6, LOT 20 VOL. 13788, PG. 31 & PHASE 3B, BLOCK 6, LOTS 21-22 VOL. 15093 , PG. 61 & PHASE 3D, BLOCK 6, LOTS 23-24 VOL. 15093, PG. 62 J.H. JONES SURVEY, A-26 BRAZOS COUNTY, TEXAS Page 19 of 40 JONES ROAD CALIBRATION COURTMA T R I X D R I V EMATRIX DRIVEIMPERIAL LOOPJONES ROADJONES ROAD 25.029 AC. BLOCK 6 LOT 20R IMPERIAL LOOP3.007 AC. BLOCK 1 LOT 2R-2 FF = 305.00 CALIBRATION COURTMA T R I X D R I V EMATRIX DRIVEIMPERIAL LOOPJONES ROAD 25.029 AC. BLOCK 6 LOT 20R 3.007 AC. BLOCK 1 LOT 2R-2 FF = 305.00 LEGEND REPLAT TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER:SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 TBPELS FIRM # 10018500 SCALE 1'' = 100' JULY 2021 FINAL PLAT AGGIELAND BUSINESS PARK PHASE 3A, BLOCK 6, LOT 20R PHASE 1, BLOCK 1, LOT 2R-2 28.04 ACRES BEING A REPLAT OF AGGIELAND BUSINESS PARK PHASE 1 BLOCK 1, LOTS 1A-1, 1A-2, 1B-1 VOL. 9728, PG. 17 & PHASE 1, BLOCK 1, LOT 1B-2R & 2R VOL 16749 , PG.239 & PHASE 3A, BLOCK 6, LOT 20 VOL. 13788, PG. 31 & PHASE 3B, BLOCK 6, LOTS 21-22 VOL. 15093 , PG. 61 & PHASE 3D, BLOCK 6, LOTS 23-24 VOL. 15093, PG. 62 J.H. JONES SURVEY, A-26 BRAZOS COUNTY, TEXAS PAGE 2 OF 2 OWNER/DEVELOPER: 60-JONES ASSOCIATES LTD 6166 Imperial Loop, Site 10 College Station, Tx 77845 (979) 776-4740 G-CON MANUFACTURING INC 6161 Imperial Loop, Site 101 College Station, Tx 77845 (979)431-0700 LEGEND VICINITY MAP NOT TO SCALE JO N E S R O A D IMPERI AL LOOP MAT RI X DRI V E P A R A M E T E R COUR T CALIBRATIO N COURT MAT RI X D RI VE CULVERT SIZES 1"=200' INSET "A" 1"=40' INSET "B" 1"=20' Page 20 of 40 Planning & Development Services • 1101 Texas Avenue, PO Box 9960 • College Station, TX 77840 Office 979.764.3570 / Fax 979.764.3496 MEMORANDUM July 15, 2021 TO: Members of the Planning & Zoning Commission FROM: Rachel Lazo – Senior Planner SUBJECT: Reapplication of Comprehensive Plan Amendment Request Item: Presentation, discussion and possible action to allow a Comprehensive Plan amendment application to be considered for approximately 10 acres located at 1660 Graham Road, within 180 days of a Comprehensive Plan amendment request being denied. Background: In August 2020, a former applicant submitted a petition to amend the Comprehensive Plan’s Future Land Use and Character Map from Suburban Commercial to Urban for a proposed multi-family development. The Planning & Zoning Commission recommended approval of the Comprehensive Plan amendment on October 1, 2020 (3-1) but was denied by the City Council on February 25, 2021 (5-2). According to Section 3.22.E of the Unified Development Ordinance, if a petition for a plan amendment is denied by the City Council, another reapplication for reclassification of the same property shall not be considered within a period of 180 days from the date of denial unless the Planning and Zoning Commission finds that one of four eligible factors are applicable: 1.There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; 2.New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; Page 21 of 40 Planning & Development Services • 1101 Texas Avenue, PO Box 9960 • College Station, TX 77840 Office 979.764.3570 / Fax 979.764.3496 3. A new application is proposed to be submitted that is materially different from the prior application (e.g., proposes new uses or a substantial decrease in proposed densities and intensities); or 4.The final decision on the application was based on a material mistake of fact. The applicant requests consideration under factor three. Action: The Planning & Zoning Commission decides whether or not the information is substantial enough to reapply for a plan amendment within 180 days. Supporting Materials: 1.Reapplication Request Letter 2.Staff Report 3. Vicinity, Aerial, and Small Area Map 4.Future Land Use Exhibit 5.Background Information 6.Applicant’s Supporting Information 7.Future Land Use Map 8. P&Z Minutes October 1 2020 9. City Council Minutes February 25 2021 Page 22 of 40 Page 23 of 40 October 1, 2020 Regular Agenda Comprehensive Plan Amendment To: Planning & Zoning Commission From: Treston Rodriguez, Staff Planner Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban for approximately 10 acres, generally located at 1660 Graham Road. Case #CPA2020-000005 (Note: Final action of this item will be considered at the October 22, 2020 City Council Meeting- Subject to change.) RECOMMENDATION: Staff recommends approval of the Comprehensive Plan Future Land Use and Character Map amendment. Summary: The applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban on approximately 10 acres located west of the existing International Leadership of Texas public charter school campus. The subject property and properties to the north and east are primarily designated as Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map, while the properties to the west and south are General Suburban. This is in preparation for rezoning the property to multi-family to allow for additional residential options in the area. REVIEW CRITERIA 1. Changed or changing conditions in the subject area of the City: The subject property and properties to the north and east have a future land use designation of Suburban Commercial with Natural Areas Reserved along Lick Creek. The Suburban Commercial land use designation is generally for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size and located adjacent to major roads (arterials and collectors). The design of structures is intended to be compatible with surrounding single-family residential neighborhoods. Institutional/Public is located to the north across Graham Road at the City of College Station’s Public Utilities site. The property to the northwest across Graham Road is designated as Medical Use with a small portion of Natural Areas Reserved along Lick Creek. Properties to the west and south have a General Suburban land use designation and are developed as residential properties within the Dove Crossing Subdivision. The subject property is adjacent to both the Medical District Master Plan area and the Spring Creek District, which is generally the area located along State Highway 6 near the Rock Prairie Road interchange and the Spring Creek Business Park. This area includes the major medical centers of Baylor Scott & White Medical Center, CHI St. Joseph Health College Station Hospital, as well as a number of other medical related facilities and a master planned, City-owned Page 24 of 40 business park. The focus of development in this area should be linking current and future medical facilities into a cohesive district which incorporates the natural features of Lick Creek and Spring Creek into the design of the district. The area near the intersection of Longmire and Graham Road has continued to grow with the development of the adjacent ILT school to the east and an optometry office. Other uses in this area include, but not limited to parks, hospitals, commercial retail (banks, hotels, and grocery stores), public utilities, offices, and single-family residential. These variety of uses support a variety of housing types, however the area is primarily single-family detached homes. The Urban designation allows for an intense level of development activities and consists of townhomes, duplexes, and high-density apartments. An amendment to Urban would lay the foundation for providing a higher concentration of dwelling units located within walking distance to a school, grocery store, medical offices, and employment centers, which could ultimately lead to a more walkable pedestrian friendly neighborhood. Since the area was annexed in December of 1993, the Comprehensive Plan Future Land Use and Character Map has remained largely unchanged for this part of town. 2. Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole: The applicant is requesting an amendment to the Future Land Use and Character Map to Urban. The Urban designation is generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments. The property has an existing single-family home, and the adjacent property to the east is the International Leadership of Texas campus located on approximately 14.38 acres. To the south and west is the Dove Crossing Subdivision with an overall density of 4.23 dwelling units per acre. North across Graham Road, is approximately 47.43 acres owned by the City of College Station, some of which hosts the City of College Station’s fleet services and public utilities. A higher concentration of dwelling units per acre would support the nearby parks, commercial retail (banks, hotels, and grocery stores), offices, and the city’s medical corridor. Additionally, it would provide an appropriate transition and step down of the intensity of land uses from the commercially zoned areas along Rock Prairie and Highway 6, as you would go from medical facilities to a grocery store, hotel, school, this urban designation which would allow for a future multi-family development, and then the surrounding single-family detached homes. 3. Impact on environmentally sensitive and natural areas: While the subject property is located nearby Lick Creek, there is no FEMA designated floodplain on the property. The applicant has stated that the subject property “will follow city codes and ordinances and will not have adverse impacts on the surrounding areas.” Page 25 of 40 4. Impacts on infrastructure including water, wastewater, drainage, and the transportation network: This property was assumed as a Suburban Commercial land use within the City’s currently adopted Water and Wastewater Master Plans. The applicant provided City staff with anticipated demands for the proposed Urban Future Land Use. These demands were loaded into the City’s water and wastewater models to determine if adequate capacity exists for the proposed higher density land use type. The results of the water distribution model scenario indicate that adequate domestic water capacity is available. However, the wastewater collection system model output demonstrated capacity concerns. Any near-term rezoning proposal to an urban intensity use would have to be carefully considered as further analysis shows significant downstream sanitary sewer system improvements would be required at the developer’s expense and would include upgrades to an existing lift station, as well as the upsizing of approximately 3,250 LF of sanitary sewer mains. However, there is an approved capital project that is expected to be completed within the next three to four years that will provide the necessary capacity for this higher land use type. The completion of this City funded CIP would eliminate the need for a developer to provide the currently identified downstream improvements. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. A traffic impact analysis (TIA) is not required with comprehensive plan amendments; however, the applicant’s application refers to a TIA being commissioned for an intended future rezoning if applicable. Both Graham Road and nearby Longmire Drive are constructed to their full cross sections as 2- lane Major Collectors per the City’s Thoroughfare Plan. The subject property also has two public streets stubbed to the property; Crystal Dove Avenue to the west and White Dove Trail to the south. The proposed Urban amendment could create a higher density land use in an area that has experienced traffic issues during drop-off and pick-up times of the adjacent ILT school campus to the east. It is not uncommon however for queueing issues to exist around school sites during these times. Both Graham Road and Longmire Drive are designated and constructed to their Major Collector cross sections and a traffic signal was installed at their intersection by ILT. Based on the trip rate table provided in the UDO, future multi-family development could generate more trips per acre than the adjacent General Suburban uses (18.6 trips per acre vs. 8 trips per acre). It has the potential to actually generate fewer trips per acre than a Suburban Commercial zoning, which could have 40 trips per acre though there is much variability in commercial trip generation depending upon the end use. These rates are based on national averages and the actual resulting trip rate will depend upon the specific use developed. 5. Consistency with the goals and strategies set forth in the Comprehensive Plan: The goal for College Station’s Future Land Use and Character Map is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The subject property and surrounding areas to the north and east are designated as suburban commercial. This designation intends to provide for Page 26 of 40 concentrations of commercial activities that cater primarily to nearby residents. The design of these structures are compatible in size and design with the surrounding single-family residential uses. Staff believes that the Urban designation is appropriate for this property as it would provide a higher concentration of dwelling units located within walking distance to a school (ILT campus), grocery store (Kroger), medical offices, and employment centers. The land use change would support more housing diversity in an area that is largely suburban, and it could provide professionals who work in the medical corridor more housing options near their places of employment. STAFF RECOMMENDATION While there are current concerns for wastewater capacity, a Comprehensive Plan amendment, such as this Future Land Use and Character Map amendment, is a long-range plan for the growth of the city that works hand-in-hand with our master utility plans. Zoning is the tool to help regulate the timing of actual development. Staff recommends approval of the Comprehensive Plan Future Land Use and Character Map amendment. SUPPORTING MATERIALS 1. Vicinity Map, Aerial, and Small Area Map 2. Comprehensive Plan Exhibit 3. Background Information 4. Applicant’s Supporting Information 5. Comprehensive Plan Amendment Map Page 27 of 40 Page 28 of 40 Page 29 of 40 Page 30 of 40 Page 31 of 40 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: October 1, 2020 Advertised Council Hearing Date: October 22, 2020 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Dove Crossing and Bridle Gate HOAs Property owner notices mailed: None Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Graham Rd. (2-Land Major Collector) n/a Graham Rd. (2-Land Major Collector) South General Suburban General Suburban Single-family Residential East Suburban Commercial Rural Public Facility (ILT School) West General Suburban General Suburban Single-family Residential DEVELOPMENT HISTORY Annexation: 1993 Zoning: A-O Agricultural Open upon annexation A-O Agricultural Open renamed to R Rural in 2013 Final Plat: Unplatted Site development: Undeveloped Page 32 of 40 1660 Graham Road Land Use Plan Amendment 1. What specific element of the Comprehensive Plan (for example, Land Use & Character designation, Thoroughfare Plan Context Class, or thoroughfare alignment) and at what specific location (if applicable) is requested to be amended? Land Use Plan Amendment at 1660 Graham Road 2. Please list the amendment(s) requested. We request to amend the Land Use Plan from Suburban Commercial to Urban. 3. Please explain the reason for the amendment(s). We intend to provide a high-end multi-family residential option for young professionals who are employed in the medical district and other surrounding businesses who do not wish to live in apartments marketed for students. There is currently no multi-family option in this area who wish to live close and even within walking distance to these professional industries. This development will provide a housing option that is needed and lacking in this area. 4. Please explain the changed or changing conditions in the subject area of the City. In recent years, sewer capacity has been a concern for allowing more dense development. The City is currently planned for improvements to the area wastewater system which would be able to accommodate a multi-family development. If necessary, the developer is willing to make such improvements ahead of the City’s schedule. Additionally, increased traffic has been a concern, especially at the Longmire Drive and Graham Road intersection. A traffic light was installed in July 2018 improving the safety and efficiency of traffic at the intersection. 5. Please show the compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole. Multi-family residential at this location would serve as a transition from the single-family residences to the more intense school and office uses, and is better suited as a 10-acre tract adjacent to a single-family neighborhood. Ten acres of suburban commercial does not have a “neighborhood commercial” feel. For comparison, Cinemark, including all of the parking up to the highway, is 9.93 acres. Suburban commercial is better suited for a smaller lot. This multi-family option will not have the bed/bath parity or other features commonly associated with purpose-built student housing. It is intended for young professionals, graduate students, and the like. Additionally, there are a number of land uses in the immediate area that have created a mixed-use feel. Adding market rate multi-family residences would contribute to the diverse nature of the area and provide housing for a sector of the market that currently doesn’t exist. 6. Please list any impacts on environmentally sensitive and natural areas. Page 33 of 40 This property does not have any environmentally sensitive areas. All development will follow City codes and ordinances and will not have adverse impacts on surrounding areas. 7. List any impacts on infrastructure, including water, wastewater, drainage and transportation network. Water is sufficient in this area. Any negative impact to wastewater capacity will be mitigated through improvements by either the City Capital Improvement Program or by the applicant based upon timing. Drainage would have no impact because of required compliance with the Unified Development Ordinance. A traffic impact analysis is being commissioned for the rezoning of this property. The applicant is willing to make the necessary improvements as directed by the TIA to comply with the Unified Development Ordinance. 8. Explain consistency with the goals and strategies set forth in the Comprehensive Plan. Being a part of the Area II: Spring Creek District in the Comprehensive Plan, the plan states that “districts and corridors exhibit opportunities for a mix of uses with an emphasis on walkability and the potential for a unique focus.” We believe providing a market rate multifamily housing option would contribute to the mixed-use and walkable feel of this district and meet the housing needs of young professionals. Page 34 of 40 HERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Current Zoning: RuralCurrent Land Use: Suburban Commerical2345678910111213141516171819202122232425126GRAHAM RDBIRMINGHAM RDHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Current Zoning: RuralCurrent Land Use: Suburban CommericalHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Proposed Zoning: RuralProposed Land Use: Urban2345678910111213141516171819202122232425126GRAHAM RDBIRMINGHAM RDEXISTINGPROPOSEDVICINITY MAPSITENOTE: This site does not lie within the100-year floodplain boundary perFEMA's Flood Insurance Rate Mappanels 48041C0310F, Effective date:April 2, 2014.Page 35 of 40 October 1, 2020 P&Z Meeting Minutes Page 4 of 6 Graduate Engineer Guerra stated that right now it is a question of if, because it is not in CCN area. Acting Chairman Osborne asked in regards to an easement, if there is legal action to be taken, or if there is strictly an agreement. Ms. Morgan stated that there is strictly an agreement. Acting Chairman Osborne asked for the distance to adjacent commercial properties along Victoria Avenue. Ms. Morgan stated that the property is approximately 1200 feet from the Taekwondo studio, 2100 feet from the RV Park and 2500 feet from the Wellborn SUD. Acting Chairman Osborne opened the public hearing. No one spoke. Acting Chairman Osborne closed the public hearing. Commissioner Guerra motioned to recommend denial of the Comprehensive Plan Amendment. The motion failed due to lack of a second. Commissioner Cunha asked for a review of the notification process for Comprehensive Plan Amendments. Staff Planner Rodriguez stated that is not a state requirement to notify property owners within 200 feet in regards to CPAs, however, registered neighboring HOAs were notified. Commissioner Guerra suggested the applicant invite neighbors and hold a meeting. Acting Chairman Osborne motioned to recommend approval of the Comprehensive Plan Amendment. The motion failed due to lack of a second. City Attorney Robinson suggested the Commission either forward item with a positive or negative report, or consider a motion to postpone to a certain date. Commissioner Guerra motioned to postpone the item to the November 5, 2020 Planning & Zoning Commission meeting to give the applicant time to reach out to neighboring properties for feedback. Commissioner Cunha seconded the motion, the motion passed (4-0). 6.2 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban for approximately 10 acres, generally located at 1660 Graham Road. Case #CPA2020-000005 (Note: Final action of this item will be considered at the October 22, 2020 City Council Meeting – Subject to change.) Page 36 of 40 October 1, 2020 P&Z Meeting Minutes Page 5 of 6 Staff Planner Rodriguez presented the Comprehensive Plan Amendment to the Commission, recommending approval. Applicant, Veronica Morgan & Crissy Hartl, Mitchell & Morgan Engineering, were available to present to the Commission. Commissioner Cunha asked about screening along the residential neighboring development. Staff Planner Rodriguez stated regarding screening, that along single-family residential lots, there is a 10 foot buffer and fence required. Commissioner Guerra asked if staff had received any feedback from surrounding subdivisions. Staff Planner Rodriguez stated that he received one inquiry. Acting Chairman Osborne opened the public hearing. Mary Elizabeth Herring, 1660 Graham Rd, spoke in support of the Comprehensive Plan Amendment. Acting Chairman Osborne closed the public hearing. Staff Planner Rodriguez also clarified that this property will be subject to single-family height protection. There was general discussion. Commissioner Guerra motioned to recommend denial of the Comprehensive Plan Amendment. The motion failed due to lack of second. Acting Chairman Osborne motioned to recommend approval of the Comprehensive Plan Amendment. Commissioner Mirza seconded the motion. There was general discussion. Commissioner Guerra reiterated that he feels this property is not in urban core, and is not convinced Urban land use is appropriate. Motion passed (3-1) with Commissioner Guerra voting in opposition. 7.Discussion and possible action on future agenda items – A Planning & Zoning Member may inquireabout 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. There was no discussion. 8. Adjourn Page 37 of 40 3.2. Presentation, discussion, and possible action on the first reading of a franchise agreement with Vos Transport LLC for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations. 3.3 Presentation, discussion, and possible action on a resolution ratifying and approving an economic development incentive by the City of Bryan to a development in the bio-corridor project in accordance with the interlocal cooperation and joint development agreement between the cities of Bryan and College Station. 3.4 Presentation, discussion, and possible action on a two-year janitorial services contract with Andrews Building Service, Inc. for $465,011.10 for city facilities and the Northgate District. 3.5 Presentation, discussion, and possible action regarding a contract with Iteris Inc. for $357,920 purchasing services, equipment, and maintenance of hardware and software. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4241 vacating and abandoning 0.19 acre and 0.58-acre portions of 20-foot wide Public Utility Easements lying along Lots 1-4, of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas. Alma Guerra, Planning and Development, stated that the partial Public Utility Easement abandonments are proposed by the applicant to address site constraints recognized during redevelopment of the property. The portions of easements subject to abandonment are no longer necessary, as there is no public infrastructure within either easement. The remainder of the 20-foot wide Public Utility Easements are adequate to serve all existing public infrastructure. At approximately 6:56 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:56 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4241 vacating and abandoning 0.19 acre and 0.58-acre portions of 20-foot wide Public Utility Easements lying along Lots 1-4, of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas. The motion carried unanimously. 4.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4242 amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban for approximately 10 acres, generally located at 1660 Graham Road. Rachel Lazo, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban on Page 38 of 40 approximately 10 acres located west of the existing International Leadership of Texas public charter school campus. This is in preparation for rezoning the property to multi-family to allow for additional residential options in the area. Mrs. Lazo explained that this amendment is consistent with the goals and strategies set forth in the Comprehensive Plan: Staff believes that the Urban designation is appropriate for this property as it would provide a higher concentration of dwelling units located within walking distance to a school (ILT campus), grocery store (Kroger), medical offices, and employment centers. The land use change would support more housing diversity in an area that is largely suburban, and it could provide professionals who work in the medical corridor more housing options near their places of employment. The Planning and Zoning Commission heard this item at their October 1, 2020 meeting where they voted 3-1 to recommend approval. At approximately 7:50 p.m., Mayor Mooney opened the Public Hearing. Kyle Bryant, College Station, came before council speaking for a group to state that they oppose this change and proposed development. Among the reasons for opposition, he stated that traffic congestion would become a larger issue, the lift station is not properly sized for the density, the homeowners invested in their properties with the current zoning in mind and would suffer a change of community and loss of privacy for those who live closest to the development. The group he represents believes that the comprehensive plan should be followed and written. Linda Lee, College Station, stated that she and her sister are about to purchase a home in Dove Crossing and she is mostly concerned that young children play are in this area. Andrew Spellman, College Station, stated that he and his wife concur with Kyle Bryant and the traffic concerns for this area. Mr. Spellman explained that he has 4 young kids that play in the back yard which any apartment complex would have visibility into. Amber Schafntiz-Sherman, College Station, came before Council to express her concerns regarding the rezoning. She stated her and her family purchased this home because of the area and the perceived safety which could be compromised with this comp plan amendment. Jeremiah Baker, College Station, came before Council to express his concerns about the height restrictions. This proposed property comp plan amendment backs up to his home and the apartment complex would have a view of his back yard. Sushil Pauldyal, College Station, stated that he bought his home in this area about a year ago because of the residential neighborhood and if something like this was in this area, he would have never of bought this home. Robert Borham, College Station, stated he just moved into this area from Katy due to a decline in the residential areas he believes is caused by situations just like this. Louis Tassinary, College Station, stated that what surprises him is that this is the perfect area for the current suburban commercial zoning. Page 39 of 40 Lauren Nescio, College Station, stated that there are three things to think about the lighting, wet land, and traffic concern. The Charter School is already creating difficult traffic patterns and this will make that worse. Vicki Lambert-Rodden, College Station, stated that she is against the proposed rezoning. She stated that the current zoning is appropriate for the areas and a rezoning would change the character of the surrounding area. She also believes that the city website could also use improving and is not efficient at providing information. Nan Crouse, College Station, came before Council to express her concern on the bringing a multi- use complex into a residential neighborhood and all the concerns that come along with it: traffic concern, safety, and land use. Patrick Donaldson, College Station, stated that he is not in favor of this proposed plan, especially with the height restrictions. There being no comments, the Public Hearing was closed at 8:33 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted five (5) for and two (2) opposed, with Councilmembers Cunha and Nichols voting against, to deny Ordinance No. 2021-4242 amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban for approximately 10 acres, generally located at 1660 Graham Road. The motion carried. 4.3 Presentation, discussion, and possible action regarding Resolution No. 02-25-21-4.3 determining that an easement containing 0.0761 acres of land, and a temporary construction easement containing 0.0799 acres is needed to be acquired from Tortuga 3209, a Texas Joint Venture, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Emily Fisher, Assistant Director Capital Projects, stated that the city staff has negotiated the purchase or dedication of easements from 17 of the 20 parcels needed for the State Highway 6 Waterline, Phase 3 project. The project will install an 18-inch and 20-inch waterline along the SH 6 frontage road to just north of Woodcreek Drive to north of Emerald Plaza. This resolution authorizes eminent domain proceedings for the needed public utility easement and temporary construction easement from one of the remaining three parcels, owned by Tortuga 3209. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Crompton, the City Council voted seven (7) for and none (0) opposed, that the City of College Station approve Resolution No. 02-25-21-4.3 authorizing the use of the power of eminent domain to acquire property belonging to Tortuga 3209 described in the resolution for public utility and public infrastructure purposes. The motion carried unanimously. Recorded Vote: Mayor Mooney - aye Page 40 of 40