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HomeMy WebLinkAbout05/04/2023 - Agenda Packet - Planning & Zoning Commission College Station, TX Meeting Agenda Planning and Zoning Commission 1101 Texas Ave, College Station, TX 77840 Internet: https://us06web.zoom.us/j/85070047746 Phone: 888 475 4499 and Webinar ID: 850 7004 7746 The City Council may or may not attend this meeting. May 4, 2023 6:00 PM City Hall Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person 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. 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. 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. 3.1. Consideration, discussion, and possible action to approve meeting minutes. Attachments: 1. April 20 2023 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 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 GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 27.1 acres of land, being 39 lots within Page 1 of 30 Planning and Zoning Commission Page 2 May 4, 2023 Southwood Phase 21, Block 3 and 4, generally located along Bee Creek Drive and Southwood Drive. Case #REZ2023-000007 (Note: Final action of this item will be considered at the May 25, 2023 City Council meeting – Subject to change). Sponsors: Naomi Sing Attachments: 1. Vicinity, Aerial, and Small Area Map 2. Background Information 3. Rezoning Map 4. Future Land Use Map 5. Original Subdivision Plat 6. Applicant's Supporting Information 7. Petition Committee Members 8. Neighborhood Meeting Materials 9. Petition Signatures 6. Informational Agenda 6.1. Discussion of new development applications submitted to the City. New Development Link: www.cstx.gov/newdev 6.2. Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings: • Monday, May 15, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, May 18, 2023 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. • Thursday, May 25, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, June 1, 2023 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. 6.3. Presentation and discussion regarding an update on items heard: • A Rezoning of approximately 8 acres of land located at 3197 Holleman Drive South from R Rural & GS General Suburban to T Townhouse. The Planning & Zoning Commission heard this item on April 6, 2023 and voted (7-0) to recommend approval. The City Council heard this item on April 27, 2023 and voted (7-0) to approve the request. • A Rezoning of approximately 5 acres of land generally located at the intersection of State Highway 6 Frontage Road East and Venture Drive. The Planning & Zoning Commission heard this item on April 20, 2023 and voted (5-0) to recommend approval. The City Council heard this item on April 27, 2023 and voted (7-0) to approve the request. 6.4. Discussion and review regarding the following meetings: Design Review Board and BioCorridor Board. • None 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. Page 2 of 30 Planning and Zoning Commission Page 3 May 4, 2023 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 May 1, 2023 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) 764-3541, TDD at 1-800-735-2989, 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. 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 Sub-Capitulo 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 3 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 1 of 9 Minutes Planning and Zoning Commission Regular Meeting April 20, 2023 COMMISSIONERS PRESENT: Chairperson Dennis Christiansen, Commissioners Bobby Mirza, Melissa McIlhaney, David White, and Aron Collins COMMISSIONERS ABSENT: Commissioners Jason Cornelius and Marcus Chaloupka COUNCIL MEMBERS PRESENT: Councilmembers Elizabeth Cunha and Dennis Maloney CITY STAFF PRESENT: Director of Planning & Development Services Michael Ostrowski, Assistant Director of Planning & Development Services Molly Hitchcock, City Engineer Carol Cotter, Transportation Planning Coordinator Jason Schubert, Long Range Planning Administrator Alyssa Halle-Schramm, Land Development Review Administrator Anthony Armstrong, Senior Planner Matthew Ellis, Staff Planners Robin Macias, Naomi Sing, and Gabriel Schrum, Engineer I Lucas Harper, Graduate Engineer Is Lindsey Pressler and Gillian Sitler, Assistant City Attorney II Aaron Longoria, Administrative Support Specialist Kristen Hejny, and Lead Technology Services Specialist Thomas Bauman 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. • April 6, 2023 3.2 Presentation, discussion, and possible action regarding a Final Plat for Southern Pointe Section 400 on approximately 15.51 acres of land, generally located along Southern Pointe Parkway east of the intersection of Southern Pointe Parkway and Darlington Avenue. Case #FP2022-000016 Commissioner Collins motioned to approve the Consent Agenda, Commissioner Mirza seconded the motion, the motion passed 5-0. 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action. Page 4 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 2 of 9 No items were removed from the Consent Agenda for discussion. 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 M-1 Light Industrial to GC General Commercial for approximately 5 acres of land, generally located at State Highway 6 South and Venture Drive. Case #REZ2023-000006 (Note: Final action of this item will be considered at the April 27, 2023 City Council 1Meeting – Subject to change). Staff Planner Macias presented the Rezoning to the Commission recommending approval. Chairperson Christiansen asked for clarification on the M-1 Light Industrial zoning district, asking if it is an active zoning district. Staff Planner Macias confirmed that the M-1 Light Industrial zoning district is active. Deven Doyen, Applicant, Schultz Engineering, was available for questions from the Commission. Chairperson Christiansen opened the public hearing. Harper Durden, The Meadows Subdivision, College Station, spoke in favor of the Rezoning, stating that the zoning request aligns with the future land use plan. Chairperson Christiansen closed the public hearing. Commissioner McIlhaney motioned to recommend approval of the Rezoning, Commissioner Collins seconded the motion, the motion passed 5-0. 5.2 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan – Future Land Use & Character Map from Business Center to Neighborhood Commercial for approximately 2.611 acres of land, generally located at 100 – 170 Graham Road. Case #CPA2022-000011 (Note: Final action of this item will be considered at the May 15, 2023 City Council Meeting – Subject to change). 5.3 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 C-3 Light Commercial to SC Suburban Commercial for approximately 1.667 acres of land at 100 Graham Road, being, Lot 4A-1, and 140 Graham Road being lot 4-B, Block 1 of the JHW Commercial Addition Page 5 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 3 of 9 Phase 2, generally located at the corner of Wellborn Road and Graham Road. Case #REZ2022-000026 (Note: Final action of this item will be considered at the May 15, 2023 City Council 1Meeting – Subject to change). 5.4 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 M-2 Heavy Commercial to SC Suburban Commercial for approximately 0.472 acres of land at 170 Graham Road, being, Lot 2, Block 1 of the JHW Commercial Addition, generally located at the corner of Wellborn Road and Graham Road. Case #REZ2022-000027 (Note: Final action of this item will be considered at the May 15, 2023 City Council 1Meeting – Subject to change). Presentations and public hearings for agenda items #5.2, #5.3, and #5.4 were held together. Staff Planner Schrum presented agenda items #5.2, #5.3, and #5.4 to the Commission recommending approval of all. Commissioner Collins requested examples of allowed uses within the C-3 Light Commercial and the M-2 Heavy Industrial zoning districts versus an SC Suburban Commercial zoning district. Staff Planner Schrum clarified that the SC Suburban Commercial zoning district allows for daycares, dry cleaners, offices, and personal service shops, the C-3 Light Commercial zoning district allows for healthcare, medical clinics, daycares, offices, commercial amusement uses, and personal service shops, while the M-2 Heavy Industrial zoning district allows for offices, bulk storage, light and heavy industrial uses, and recycling facilities. Commissioner Collins asked if staff felt confident that an SC Suburban Commercial zoning district was an appropriate zoning district to abut the residential neighborhood. Staff Planner Schrum confirmed staff’s recommendation of approval for an SC Suburban Commercial zoning district in this area. Commissioner White asked for clarification on the current occupant and use of the property. Staff Planner Schrum clarified that currently there is Prodigy Learning Center, an existing daycare facility, utilizing the property. Commissioner Mirza asked if the City has the infrastructure to support the change. Page 6 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 4 of 9 Graduate Engineer Sitler clarified that the applicant is required to submit demand letters to be reviewed by both Planning & Development Services and the Water Department, and that both departments have determined that there is sufficient infrastructure to support this change. Chairperson Christiansen opened the public hearing for items #5.2, #5.3, and #5.4. No visitors spoke. Chairperson Christiansen closed the public hearing. Commissioner Collins motioned to recommend approval of agenda item #5.2, Commissioner Mirza seconded the motion, the motion passed 5-0. Commissioner Collins motioned to recommend approval of agenda item #5.3, Commissioner White seconded the motion, the motion passed 5-0. Commissioner Collins motioned to recommend approval of agenda item #5.4, Commissioner McIlhaney seconded the motion, the motion passed 5-0. 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 Discussion of Minor/Amending Plats approved by staff: • Barrow Heights Subdivision, Block 1, Lot 1 ~ Case #FPCO2023-000003 There was no discussion. 6.3 Presentation, discussion, and possible action on the Wellborn District Plan Update. Staff Planner Sing presented to the Commission the status of the small area planning process, the plan boundary that has been expanded from that of the original small area plan, and updated goals for the Wellborn District, requesting feedback and direction. Chairperson Christiansen asked for the population of the Wellborn District Plan boundary. Staff Planner Sing clarified that the extended boundary contains 1,500 residents, while the smaller boundary contains 400 residents. Chairperson Christiansen asked if the working group represented the extended boundary or the limited boundary. Page 7 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 5 of 9 Staff Planner Sing stated that there is a mix of residents in the working group. Chairperson Christiansen asked for the general logic in creating the south boundary line. Staff Planner Sing clarified that the southern boundary line extends to the City of College Station city limits and allows the boundary to capture the schools in that area as well as including the Creek Meadows Subdivision. Commissioner White asked for clarification on the mentioned concerns for expanding the boundaries. Staff Planner Sing stated that general concerns included the smaller residential lot nature of the homes being captured, clarifying that residents expressed concern for smaller lots not having the rural character of the area. Ms. Sing also stated that staff is not looking to redevelop an already developed area. Commissioner Collins asked if staff has received any feedback from the residents in favor or in opposition of the expanded boundary. Staff Planner Sing confirmed that staff has received both positive and negative feedback. Commissioner Collins asked how the 1,500 residents in the planning area were notified. Staff Planner Sing explained that the residents were notified with postcards and letters, as well as other notifications pushed out by the City. Commissioner Collins stated that feedback he has received from residents includes transparency of what stage the plan is in. Mr. Collins also asked how the information is being provided and how feedback is being collected from people that do not attend meetings. Staff Planner Sing stated that the City has an email list, a project website, social media and blog posts, neighborhood news posts, and a survey to provide information and collect feedback from the residents. Director Ostrowski added that there has been good media coverage on the planning process as well. Chairperson Christiansen asked how staff will factor in growth. Staff Planner Sing explained that staff will reevaluate zoning districts and future land use as well as collaborating with the Texas Department of Transportation (TXDOT) in planning efforts. Chairperson Christiansen asked for the schedule of the Wellborn District Plan update. Page 8 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 6 of 9 Staff Planner Sing stated that staff will hold a working group meeting and an area-wide meeting at the end of May 2023, with additional working group meetings this summer, an open house in late summer or early fall 2023, with an anticipated fall 2023 adoption. Chairperson Christiansen asked if a draft will be presented to the Commission. Staff Planner Sing stated that there is not a timeline for a draft presentation, the Commission will be presented the final document when complete. Commissioner White asked if staff is requesting direction from the Commission. Staff Planner Sing stated that staff is looking for feedback or direction on the planning boundary, asking if the Commission is in favor of the larger boundary or if the original 2013 boundary should stay. Commissioner Collins asked for an explanation on how this boundary would be advantageous to residents in this area and to the city as a whole. Staff Planner Sing stated this update allows staff to view the plan holistically. Ms. Sing also clarified that the 2013 boundary stems from the area annexed in 2011, and since then, more development has occurred with more people occupying the area, and to plan appropriately and fully for this area, staff needs a complete vision of those utilizing the facilities in the area. Commissioner Mirza asked if staff is working with a working group from the area. Staff Planner Sing confirmed that the working group has met with staff on three occasions. Commissioner McIlhaney asked for clarification on the missing section from the boundary map. Staff Planner Sing stated that these are areas with non-annexation agreements with the City of College Station. Commissioner White stated that the initial plan was in 2013, and asked if plans are updated or reviewed every ten years, or if this was coincidental. Staff Planner Sing stated that updates on plans depend on the area. Ms. Sing stated that staff were receiving development requests in the plan area that did not fit with the community plan, so staff was directed that it was in the community’s and City’s best interest to reengage the community. Chairperson Christiansen asked if this plan is expiring. Staff Planner Sing confirmed that the plan is expiring, however, this current planning effort will extend this plan 10 years. Page 9 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 7 of 9 Administrator Halle-Schramm stated that discussion on plans stemmed from the Comprehensive Plan 10-year update discussion on areas facing development pressures and areas needing changes or further engagement efforts. Commissioner McIlhaney asked if staff had mechanisms in place through the planning process to make sure constituency is reflected. Staff Planner Sing confirmed that staff does have mechanisms in place. Commissioner Collins asked for clarification that changing the boundaries does not change the plan as it is currently, but allows the new area to be included for plans for the future and for everyone to look at the larger picture. Staff Planner Sing confirmed that this is the case. Commissioner McIlhaney expressed her support for including as many constituents as possible. Chairperson Christiansen asked if the residential areas in the expanded area meet the size requirements associated with a Wellborn zoning district. Staff Planner Sing clarified that the areas are currently zoned as PDD Planned Development District. Chairperson Christiansen asked for confirmation that if the areas were zoned a Wellborn zoning district, they could not have developed the way they have done. Staff Planner Sing confirmed that this is the case stating that there are Wellborn specific zoning districts created with the Wellborn District Plan in 2013, but that Creek Meadows began development when it was in the extraterritorial jurisdiction, pre-2013. Commissioner McIlhaney asked for staff’s goals with the updated plan. Staff Planner Sing continued her presentation with goals for planning efforts including community character and mobility. Commissioner Collins expressed support for preserving the core rural character of Wellborn, however the definition of core rural character may need to be better defined. Staff Planner Sing stated that from conversations with residents, primarily core rural character means open, undeveloped land, and commercial developments in contextually appropriate areas. Commissioner White stated that small scale is not synonymous with slow growth and asked if residents still wanted commercial growth, just small-scale. Staff Planner Sing confirmed small scale development was desired, in strategic locations. Page 10 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 8 of 9 Chairperson Christiansen commended staff for outreach efforts, however feedback was not received from the majority of residents. Staff Planner Sing stated that this is the balance with community engagement, and that the public cannot be forced to participate, so staff would move forward with the feedback that was received. Commissioner McIlhaney commented on the two goals, stating that one goal seems applicable to the smaller area, and one seems applicable to the Creek Meadows area. Ms. McIlhaney asked if staff has a breakdown of the participation in the plan by area. Staff Planner Sing clarified that property owners were not asked to provide addresses when participating. Director Ostrowski stated that with the mobility aspect, it was purposeful that lower density was put in that goal to recognize that this area is not going to look like an urban style mobility network but be more rural. Commissioner McIlhaney asked how staff will increase mobility in the older section. Director Ostrowski stated that as major corridors that are meant to move vehicular or pedestrian traffic are reconstructed, pedestrian elements will be constructed but that the goal is not stating that every street would have pedestrian elements on it because that would not be in the rural character. Mr. Ostrowski also stated that the TXDOT project will look at doing a shared-use path along FM 2154 (Wellborn Road). Commissioner Collins voiced concerns that the current district character looks very different, asking if it is reasonable to assume that priorities will be different in the new district versus the existing district. Staff Planner Sing stated that generally speaking, everyone is on same page about the character they want to see in Wellborn. 6.4 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings: • Thursday, April 27, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, May 4, 2023 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. • Monday, May 15, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, May 18, 2023 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. There was no discussion. 6.5 Presentation and discussion regarding an update on items heard: • A Rezoning of approximately 0.24 acres of land located at 721 Dominik Drive from D Duplex to MH Middle Housing. The Planning & Zoning Commission heard this Page 11 of 30 April 20, 2023 Planning and Zoning Commission Minutes Page 9 of 9 item on March 16, 2023 and voted (7-0) to recommend approval. The City Council heard this item on April 13, 2023 and voted (6-1) to approve the request. • A Rezoning of approximately 8 acres of land located at 2840 Barron Road from R Rural to SC Suburban Commercial. The Planning & Zoning Commission heard this item on April 6, 2023 and voted (7-0) to recommend approval. The City Council heard this item on April 13, 2023 and voted (7-0) to approve the request. There was no discussion. 6.6 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. 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. The Commission requested a presentation from Commissioner White on the proposed new park foundation. 8. Adjourn The meeting adjourned at 6:44 p.m. Approved: Attest: ___________________________________ _________________________________ Dennis Christiansen, Chairperson Kristen Hejny, Board Secretary Planning & Zoning Commission Planning & Development Services Page 12 of 30 May 4, 2023 Item No. 5.1. REZ2023-000007 Southwood Phase 21 Restricted Occupancy Overlay Sponsor: Naomi Sing Reviewed By CBC: N/A Agenda Caption: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 GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 27.1 acres of land, being 39 lots within Southwood Phase 21, Block 3 and 4, generally located along Bee Creek Drive and Southwood Drive. Case #REZ2023-000007 (Note: Final action of this item will be considered at the May 25, 2023 City Council meeting – Subject to change). Relationship to Strategic Goals: Neighborhood Integrity Recommendation(s): Summary: This request is to rezone approximately 27.1 acres being 39 lots within the Southwood Phase 21 subdivision from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay. This request is to add the ROO, which is a single-family overlay zoning district, to the existing base zoning within the Southwood Phase 21 subdivision boundaries. The ROO is intended to provide subdivision-specific occupancy regulations – not to exceed two unrelated persons per single- family dwelling or accessory living quarter. The Petition Committee, comprised of Southwood Phase 21 homeowners, has met all requirements of the ROO application process. The Petition Committee submitted the application materials including the ROO petition that contained 25 total signatures. City staff were able to verify all 25 signatures, representing 64.1% of the subdivision in support of the requested ROO. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject tract is designated as Neighborhood Conservation on the Comprehensive Plan Future Land Use & Character Map. The surrounding areas to the north are designated as Natural & Open Areas in the areas where Bee Creek runs through, Parks & Greenways where Bee Creek Park is located, and Urban Residential which is developed as multi-family housing. The surrounding properties to the east and south are designated as Natural & Open Areas and are part of Bee Creek Tributary and its floodplain. The subject properties are bounded by Southwest Parkway to the west, which is an existing 4-lane minor arterial and is shown on the Comprehensive Plan’s Thoroughfare Plan. The Comprehensive Plan discusses single-family overlay zoning districts in both Chapter 3, Strong Neighborhoods and Chapter 9, Collaborative Partnerships. The plan states that, “various single-family overlay zoning districts have been created to help mitigate the issues associated with tear-downs in established neighborhoods. These include the Neighborhood Conservation Overlay, the Restricted Page 13 of 30 Occupancy Overlay, and the Historic Preservation Overlay.” The plan goes on to state that collaboration between the City and Texas A&M University is vital to proactively address issues caused by the rapid growth of the university and the stressors and potential changes that places on nearby neighborhoods. Single-family overlay zoning is a tool that a neighborhood can choose for itself to help address and mitigate perceived, anticipated, and actual changes within an established single-family neighborhood. While the NCO Neighborhood Conservation and HP Historic Preservation Overlays address and mitigate changes to physical property characteristics, the intent of a ROO is to address and mitigate issues associated with over-occupancy. As a tool that a neighborhood can pursue for itself to address issues of over-occupancy and preserve neighborhood character, the request is aligned with the Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject property is surrounded by GS General Suburban zoned single-family homes, except to the north which is zoned R-6 High Density Multi-Family and is currently developed with multi-family housing. The GS General Suburban zoned property located north is Bee Creek Park. The single- family uses allowed by the GS General Suburban zoning district will remain and the addition of the ROO solely restricts the number of unrelated persons per single-family dwelling or accessory living quarters to no more than two unrelated persons. As stated in the Unified Development Ordinance (UDO): Single-family overlay districts create an additional zoning district that is superimposed over the underlying zoning district. Single-family overlay districts are intended to provide additional standards for College Station neighborhoods. These standards promote residential development patterns and are intended to protect and enhance desirable neighborhood characteristics, livability, and harmonious, orderly, and efficient growth and development. The underlying zoning district establishes the permitted uses and standards and shall remain in effect. The requirements of the overlay district are to be applied in addition to the underlying zoning district standards. The ROO overlay standard is as follows: Occupancy of either, a detached single-family dwelling or accessory living quarter, shall not exceed two unrelated persons per single-family dwelling or accessory living quarter. Related persons are specified in Section 11.2 ‘Defined Terms’ in the definition of ‘Family.’ Accessory living quarter requirements are further specified in Section 6.5 ‘Accessory Uses’ within the standards for ‘Living Quarters.’ UDO sections 3.3 Zoning Map Amendment (Rezoning), 4.1 Establishment of Districts, and 5.11 Single-Family Overlay Districts detail the application process and regulations for single-family overlay districts and the ROO Process Handbook serves as a policy guide for residents. The process requires that a subdivision interested in pursuing a ROO form a Petition Committee. That committee is tasked with leading the effort, organizing their neighbors, hosting a neighborhood-led meeting and notifying all neighbors of the meeting via certified mail, collecting the petition signatures, and submitting the completed application and all required materials. The Southwood Phase 21 Petition Committee was comprised of four members: Ruth Barbee, Harold Boas, Susan Hartman, and Sherron McKenzie. The Petition Committee hosted their neighborhood meeting on March 7, 2023, discussed pursing the ROO for their subdivision, answered questions from their neighbors, and collected petition signatures. There were 20 attendees at the meeting, 19 Page 14 of 30 were property owners and one was representing property owners who were not able to attend the meeting. City staff was present as well. Some property owners signed the petition at the meeting. The Petition Committee finished collecting petition signatures and submitted their ROO application in March 2023. City staff verified that the application was complete, and all requirements were met. The submitted ROO Petition contained 25 total signatures, representing 64.1% of the subdivision in support of the requested ROO. City staff were able to verify all signatures on the petition. Staff held a required City-hosted neighborhood meeting for the Southwood Phase 21 ROO request on April 19, 2023. There were fifteen residents in attendance, eight from Southwood Phase 21 who signed the petition in support of the ROO, four participating remotely on Zoom, and three from the surrounding properties who were interested in learning about the ROO application and whether it applied to their properties, which it does not. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The ROO zoning does not affect any of the physical characteristics of the underlying GS General Suburban zoning district. The existing subdivision meets the dimensional standards for GS General Suburban zoned properties as set forth in the UDO and is already developed as a single-family residential subdivision. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water, wastewater, stormwater, and transportation infrastructure is adequate to support the needs of this existing development. No additional development and subsequent impacts are anticipated from the addition of the ROO zoning designation. 5. The marketability of the property: The single-family uses allowed by the GS General Suburban zoning district will remain and are marketable as single-family residential homes. The ROO only restricts the number of unrelated persons per single-family dwelling or accessory living quarters to no more than two unrelated persons. Budget & Financial Summary: N/A Attachments: 1. Vicinity, Aerial, and Small Area Map 2. Background Information 3. Rezoning Map 4. Future Land Use Map 5. Original Subdivision Plat 6. Applicant's Supporting Information 7. Petition Committee Members 8. Neighborhood Meeting Materials 9. Petition Signatures Page 15 of 30 Page 16 of 30 Page 17 of 30 Page 18 of 30 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: May 4, 2023 Advertised Council Hearing Date: May 25, 2023 Property owner notices mailed: 79 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: Three at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Natural & Open Areas; Parks & Greenways; Urban Residential GS General Suburban; R-6 High Density Multi- Family Bee Creek Park; Residential South Neighborhood Conservation; Natural & Open Areas GS General Suburban Residential East Neighborhood Conservation; Natural & Open Areas GS General Suburban Residential West Right-of-Way 4-Lane Minor Arterial n/a Southwest Parkway 4-Lane Minor Arterial DEVELOPMENT HISTORY Incorporated: January 1968 and May 1969 Zoning: R-1 Single-Family Residential R-1 Single-Family Residential renamed to GS General Suburban (2013) Final Plat: Southwood Phase 21 (1971), amended by The Glade Site Development: Single-Family Residential Page 19 of 30 Page 20 of 30 Page 21 of 30 Page 22 of 30 Page 23 of 30 Name of Project:RESTRICTED OCCUPANCY OVERLAY Address:1801 BEE CREEK DR Legal Description:SOUTHWOOD PH 21, BLOCK 3, LOT 1 & 2 Total Acreage:0 Applicant:: Property Owner:MCKENZIE SHERRON KATHRYN (LIFE SHERRON MCKENZIE List the changed or changing conditions in the area or in the City which make this zone change necessary. We are submitting this petition because for many decades we have been a family-oriented neighborhood with most families having lived here for many, many years. Our neighborhood is zoned for single-family homes, but we are starting to see that investors are beginning to turn single-family homes near us into ³mini-dorms.´We would like to preserve our area and keep it as a place where families and professionals associated with Texas A&M can live in a quiet, well-maintained neighborhood near the University. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. SFOD and Neighborhood Conservation land use How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? SFOD Explain the suitability of the property for uses permitted by the rezoning district requested. SFOD REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 24 of 30 Explain the suitability of the property for uses permitted by the current zoning district. SFOD Explain the marketability of the property for uses permitted by the current zoning district. SFOD List any other reasons to support this zone change. 65% of neighbors signed a petition in favor of ROO Page 2 of 2 Page 25 of 30 NEIGHBORHOOD PROPERTY OWNERS/PETITION COMMITTEE MEMBERS CONTACT INFORMATION Ruth Barbee, Treasurer 1809 Bee Creek Dr. College Station, TX 77840 211221bambi@suddenlink.net 979.739.8835 (cell) Harold Boas, Chair 1812 Bee Creek Dr. College Station, TX 77840 hpboas@gmail.com 936.245.0442 (cell) Susan (Sue) Hartman, Secretary 1810 Bee Creek Dr. College Station, TX 77840 roy.hartman@gmail.com 979.220.3725 (cell) Sherron (Sherry) McKenzie, Chair & eTrakit registered 1801 Bee Creek Dr. College Station, TX 77840 sherronmckenzie@verizon.net 214.415.9349 (cell) Page 26 of 30 Page 27 of 30 Page 28 of 30 Page 29 of 30 Page 30 of 30