HomeMy WebLinkAbout06/16/2022 - Minutes - Planning & Zoning CommissionJune 16, 2022 P&Z Meeting Minutes Page 1 of 9
MINUTES PLANNING & ZONING COMMISSION
June 16, 2022 6:00 p.m. Phone: *888 475 4499 and Webinar ID: 856 4571 3093 Internet: https://zoom.us/j/85645713093
COMMISSIONERS PRESENT: Dennis Christiansen, Bobby Mirza, William Wright, Thomas Jackson, Jason Cornelius, Mark Smith, and Melissa McIlhaney (virtually)
COUNCIL MEMBERS PRESENT: Dennis Maloney and Elizabeth Cunha CITY STAFF PRESENT: Michael Ostrowski, Molly Hitchcock, Carol Cotter, Erika Bridges, Jason Schubert, Alyssa Halle-Schramm, Anthony Armstrong, Lucas Harper, Jesse DiMeolo, Robin Macias, Derrick Williams, Parker Mathews, Bekha Wells, Naomi Sing, Katherine Beaman-Jamael, Matthew Ellis, Lindsey Pressler, Leslie Whitten, and Kristen Hejny 1. Call Meeting to Order, Pledge of Allegiance, Consider Absence Request.
Chairperson 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 2, 2022
3.2 Presentation, discussion, and possible action regarding a Final Plat for Winding Creek Estates Phase 5 on approximately 33.86 acres, generally located west of the existing Saddle Creek
Subdivision in the College Station Extraterritorial Jurisdiction. Case #FP2021-000019
Commissioner Cornelius motioned to approve the Consent Agenda. Commissioner Wright seconded the motion, motion passed (6-0).
4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action.
No items were removed. 5. Regular Agenda 5.1 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 boundary from MF Multi-Family to D Duplex for approximately 0.56 acres located at 301 and 303 Cooner Street, generally located at the intersection of Cooner Street
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and Eisenhower Street. Case #REZ2022-000007 (Note: Final action of this item will be considered at the July 14, 2022 City Council Meeting – Subject to change).
Staff Planner Macias presented the Rezoning to the Commission, recommending approval. Commissioner Wright asked for the main driving force for duplexes in a Multi-Family zoning. Staff Planner Macias clarified that duplexes are not allowed in Multi-Family zoning district. Commissioner Mirza asked if there have been any concerns from the neighborhood regarding the detention pond. Land Development Review Administrator Armstrong stated that this property zoned as Duplex has
a maximum impervious cover of 65% and if they go over the 65%, they will have to provide detention.
Commissioner Jackson asked if the change from Multi-Family to Duplex zoning would create a lower density.
Staff Planner Macias confirmed that this would create a less intense use with lower density. Chairperson Christiansen opened the public hearing. No visitors spoke. Chairperson Christiansen closed the public hearing. Commissioner Cornelius motioned to recommend approval of the Rezoning. Commissioner Commissioner Wright seconded the motion, the motion passed (6-0).
5.2 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 boundary from R&D Research and Development to PDD Planned Development District on approximately 6.742 acres of land located at 400 Technology Parkway. Case #REZ2022-000008 (Note: Final action of this item will be considered at the July 14,
2022 City Council Meeting – Subject to change). Land Development Review Administrator Armstrong presented the Rezoning to the Commission, recommending approval. Chairperson Christiansen asked for the legal definition of air rights, that if you own a house, what are your air rights. Land Development Review Administrator Armstrong clarified that in Texas and College Station that there are no regulations involving air rights.
Attorney Whitten clarified that a landowner owns as much air space above property as they can utilize.
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Commissioner Cornelius asked for the four neighborhoods that met with staff.
Land Development Review Administrator Armstrong stated that staff was not able to attend the meeting with Shadowcrest, but that staff met with representatives of the Emerald Forest, Foxfire, Amberlake, and Sandstone homeowner’s associations (HOAs) and that the Sandstone HOA was not in agreement with the proposal while the others were generally supportive. Commissioner Smith expressed concerns with noise and air traffic caused by the drones. Land Development Review Administrator Armstrong clarified that the flight height of the drones should alleviate any source of conflict. Commissioner Wright stated that in the proposal it reads that with weather not permitting, deliveries
will still need to be made by other modes of transportation. Land Development Review Administrator Armstrong clarified that there will be small passenger
vans to deliver products when needed. Commissioner Mirza asked for clarification on the size of drone, the flight path, and the items to
be delivered. Mr. Mirza also asked for clarification on Federal Aviation Administration (FAA) regulations on the drones. Land Development Review Administrator Armstrong clarified that the drones must follow FAA regulations, the drone is no more than 100 pounds, and will deliver up to a five-pound package of permitted consumer items. Mr. Armstrong also clarified that the current Planned Development District (PDD) provides specific restrictions and means for the property. Commissioner Jackson asked for clarification that the FAA regulated the use of air space and that the Commission regulated the land use and if there were other communities where this has been considered. Land Development Review Administrator Armstrong confirmed that the use of air space was regulated by the FAA and land use was considered by the Commission.
Commissioner Smith asked for the service area served by this development.
Land Development Review Administrator Armstrong stated that landing and take-off are within one area of the development, and deliveries will take place within a four-mile radius.
Commissioner McIlhaney asked staff to speak to noise concerns and management. Land Development Review Administrator Armstrong clarified that the City of College Station does have a noise ordinance that would apply to the drones. Applicant, Kelsey Hendrickson, Prime Air Drone Delivery, provided an overview of the drone delivery service. Commissioner Wright asked if Amazon will be open to community input and feedback.
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Ms. Hendrickson stated that Amazon will reach out to the community and welcome community feedback. Ms. Hendrickson stated that they are also planning to host community events.
Commissioner Jackson asked if Buildings A, B, and C will be used to store products. Ms. Hendrickson confirmed that these buildings will be used to store products and be used for drone maintenance. Commissioner McIlhaney asked for the applicant to speak to noise level. Ms. Hendrickson clarified that the drones fly 400 feet in air, are regulated by the FAA, and have noise measurements that are being evaluated by the FAA.
Commissioner McIlhaney asked for clarification on the take-off and landing habits of the drones. Ms. Hendrickson clarified that the drones take off and land vertically.
Commissioner Mirza asked for the thoughts behind what made College Station stand out in Amazon's selection process.
Ms. Hendrickson stated that there was a nationwide search for the perfect community with a functional, flat geography, predictable and mild weather, wind levels within range, the community that supports technology and development, the university, and how the community is dispersed. Chairperson Christiansen asked for the safety record of drones. Ms. Hendrickson stated that they have tested drones to and beyond their operational limits to ensure that drones have an expected output.
Chairperson Christiansen opened the public hearing. Claudia Smith, Sandstone Subdivision, College Station, spoke in opposition to the rezoning citing concerns for disruption, conflicting fly height information, number of truck deliveries, and safety. Cindy Giedraitis, Sandstone Subdivision, College Station, spoke on the rezoning asking staff to
ensure integrity, confirm local helipad regulations, safety, and drone regulations. Ms. Giedraitis also requested police and fire review to approve commercial drone and flight procedures. Monica Williams, spoke in opposition to the rezoning citing concerns for noise, irritation, and frequency. John Sharp, Texas A&M University, spoke in support of the rezoning stating that this will bring College Station to the technology forefront and a leader in delivery systems. Norberto Espitia, Foxfire Subdivision, College Station, spoke in opposition to the rezoning requesting staff conduct research on the drones, requesting information on the size of the drone
fleet. Mr. Espitia also asked for the pathways and operational periods of the drones.
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Amina Alikhan, Sandstone Subdivision, College Station, spoke in opposition of the rezoning citing concerns for safety, lack of data and history, trespassing to find broken devices, and device
malfunction. Chairperson Christiansen closed the public hearing. Ms. Hendrickson clarified that the replenishment of inventory will occur up to two times a month by a box truck, drones will only operate during daylight hours and during fair weather, 12-18 drones will service the space, and drones will fly at 400 feet and are allowed up to 500 feet. Ms. Hendrickson further clarified that the drones are equipped with a sense and avoid system and drone traffic is based on customer demand. Commissioner Mirza asked for the decibel level at takeoff.
Ms. Hendrickson stated that the decibel level has been submitted to the FAA for assessment.
Commissioner Mirza asked if in the event of failure, will the drone contain a parachute. Ms. Hendrickson stated that the drones do not contain parachutes and if there is a malfunction while
in flight, the drone will manage itself with software. Commissioner McIlhaney expressed comfort with the activity level being discussed. Ms. McIlhaney asked why there is a discrepancy between truck delivery trip numbers. Land Development Review Administrator Armstrong clarified that the five truck deliveries would be limited to sprinter vans if needed. Chairperson Christiansen asked if the City of College Station is comfortable with the level of control and oversight involved.
Land Development Review Administrator Armstrong stated that staff is comfortable with the level of communication and proposal. Commissioner Cornelius asked for clarification on air space and limit above a home. Attorney Whitten clarified that homeowners do not have any ownership in navigable airspace
that is controlled by the FAA. Commissioner Cornelius asked for clarification on the Commission’s charge, does this application fit the use of the PDD. Land Development Review Administrator Armstrong confirmed that this is the charge of the Commission. Commissioner Smith asked if the City’s Fire and Police have been involved. Land Development Review Administrator Armstrong clarified that a review of this application
has been assigned to the Fire Department, and they did not present staff with any comments or concerns.
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Commissioner Wright motioned to recommend approval of the Rezoning and Concept Plan. Commissioner Cornelius seconded the motion. Commissioner Smith expressed concerns for unknowns and would like to see opportunity for the Commission to be responsive to concerns. Commissioner Mirza stated that while there may be some fear of the unknown, this is new and can change the way we do business and so much can be accomplished. Commissioner Wright stated that this development is an amazing use of existing space. Commissioner Jackson stated that we have to take some risks when we see benefits down the
line. Commissioner McIlhany stated that this is a good opportunity for the city and that staff should
be encouraged to look at drone protocols as this is likely the beginning of drone services. Commissioner Cornelius stated that this is a great opportunity for the city and community. Chairman Christiansen commented that staff should work to with Amazon to ensure concerns are addressed and that he felt this was an opportunity for the City and A&M System to work together in a very meaningful way. The motion passed (7-0). 5.3 Presentation, discussion, and possible action regarding a waiver request to the Unified Development Ordinance Section 8.3.E.9.a ‘Existing Substandard Street Right-of-Way’ and presentation, discussion, and possible action regarding a Preliminary Plan for McDonald’s Station Addition Subdivision on approximately two acres of land, generally located at the corner of Holleman Drive and Wellborn Road. Case #PP2021-000010
Staff Planner DiMeolo presented the waiver request and Preliminary Plan to the Commission, recommending denial.
Commissioner Jackson asked for clarification on right-of-way reserve instead of right-of-way. Transportation Planning Coordinator Schubert clarified the property would need to be purchased in the future if done as a right-of-way reserve. Commissioner Jackson asked for the ramifications if the Commission did not grant the waiver. Transportation Planning Coordinator Schubert stated that this is still private property, but the property owner will not be able to do private improvements in the reserve. Director of Planning & Development Services Ostrowski clarified that if the Commission does not grant the waiver, the preliminary plan is denied, and the applicant cannot plat the property without meeting the requirements.
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Chairperson Christiansen stated that this is in the Metropolitan Planning Organization (MPO) plan which is approved and includes the Texas Department of Transportation (TXDOT).
Transportation Planning Coordinator Schubert confirmed that this is part of an approved MPO plan. Mr. Schubert also stated that by federal laws they are required to do a 25-year plan, and this is one of the projects identified for funding. Commissioner Smith asked for the status of the reserve, and its effect on the property values of that strip of reserve. Transportation Planning Coordinator Schubert stated that there is a 15-foot-wide public access easement, public utility easement, and landscape easement on the property that already encumbers the property and does not have full value.
Applicant, Veronica Morgan, Mitchell & Morgan Engineers, presented to the Commission on the waiver request.
Developer Representative, Jud Alexander, Seguin Texas, addressed the Commission regarding the history of the project and that he felt the reserve was a compromise.
Transportation Planning Coordinator Schubert clarified that the 20-foot right-of-way is conducive to the future projects in this corridor. Chairperson Christiansen clarified that this is the City of College Station asking for dedication of right-of-way and asked if this is routine on TXDOT projects. Transportation Planning Coordinator Schubert stated that dedication requirement is based on the City of College Station’s Thoroughfare Plan. Commissioner Jackson asked for the peak hour level of service in this area. Transportation Planning Coordinator Schubert clarified that Wellborn Road has a very poor Level of Service F.
Commissioner Smith asked for clarification on how a right-of-way reserve encumbers the property.
Transportation Planning Coordinator Schubert explained that right-of-way reserve means that the property is not being used for parking, building, or landscaping. Commissioner Cornelius asked for clarification on if the Commission approves the waiver, it grants them the reserve, but the Commission can also approve the waiver with a condition, could that condition be where the setback starts. Director of Planning & Development Services Ostrowski stated that the item relates to dedication as a requirement of the platting process and as part of the process it allows for waivers to be requested. Mr. Ostrowski also stated that there is a process of appeals from development exactions requirement if the applicant so chooses.
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Director of Planning & Development Services Ostrowski stated that if the waiver is denied, the applicant can come back with a different plan that meets the requirements.
Ms. Morgan asked for clarification on an appeal of the Commission’s decision. Director of Planning & Development Services Ostrowski listed the three options the Commission has for the waiver and plat. There was general discussion amongst the Commission and Developer. Commissioner Wright motioned to deny the waiver and approve the preliminary plan with the condition that it be called a right-of-way dedication and not reserve. Commissioner Jackson seconded the motion. There was general discussion amongst the Commission. The motion passed (7-0). 5.4 Presentation, discussion, and possible action on the Plan of Work.
Agenda Item #5.4 was deferred to a future Planning & Zoning Commission meeting. 6. Informational Agenda
6.1 Discussion of new development applications submitted to the City.
New Development Link: www.cstx.gov/newdev
There was no discussion.
6.2 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings:
• Thursday, June 23, 2022 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 5:00 p.m. (Liaison – Commissioner Wright)
• Thursday, July 7, 2022 ~ P&Z Meeting ~ Council Chambers 6:00 p.m.
• Thursday, July 14, 2022 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 5:00 p.m. (Liaison – Commissioner McIlhaney)
• Thursday, July 21, 2022 ~ P&Z Meeting ~ Council Chambers 6:00 p.m. There was no discussion. 6.3 Presentation and discussion regarding an update on items heard:
• A Rezoning of approximately five acres from PDD to PDD located at 404 Harvey Mitchell Parkway South. The Planning & Zoning Commission heard this item on May 5, 2022 and voted (6-1) to recommend approval. The City Council heard this item on May 26, 2022 and voted (7-0) to approve the request.
• A Rezoning of approximately nine acres from PDD to PDD located at 1898 Arnold Road. The Planning & Zoning Commission heard this item on May 5, 2022 and voted (7-0) to -
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recommend approval. The City Council heard this item on May 26, 2022 and voted (7-0) to approve the request.
•A Rezoning of approximately one acre from C3 to GC located at 4180 State Highway 6South. The Planning & Zoning Commission heard this item on May 19, 2022 and voted
(7-0) to recommend approval. The City Council heard this item on June 9, 2022 and voted(7-0) to approve the request.
•An Ordinance Amendment regarding the powers, duties, and processes of the ZoningBoard of Adjustment. The Planning & Zoning Commission heard this item on May 19,2022 and voted (7-0) to recommend approval. The City Council heard this item on June 9,
2022 and voted (7-0) to approve the request.
There was no discussion.
6.4 Discussion and review regarding the following meetings: Design Review Board, BioCorridor Board.
•None
There was no discussion
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. Astatement of specific factual information or the recitation of existing policy may be given. Anydeliberation shall be limited to a proposal to place the subject on an agenda for a subsequentmeeting.
There was no discussion.
8.Adjourn
The meeting adjourned at 8:30 p.m.
Approved: Attest:
______________________________ ________________________________ Dennis Chairperson Christiansen, Chairperson Kristen Hejny, Admin Support Specialist Planning & Zoning Commission Planning & Development Services