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Home My WebLink About05/04/2023 - Minutes - Planning & Zoning CommissionMay 4, 2023 Planning and Zoning Commission Minutes Page 1 of 5 Minutes Planning and Zoning Commission Regular Meeting May 4, 2023 COMMISSIONERS PRESENT: Chairperson Dennis Christiansen, Commissioners Jason Cornelius, Bobby Mirza, Melissa McIlhaney, David White, Marcus Chaloupka, and Aron Collins COUNCIL MEMBERS PRESENT: Councilmember Dennis Maloney CITY STAFF PRESENT: Director of Planning & Development Services Michael Ostrowski, Assistant Director of Planning & Development Services Molly Hitchcock, City Engineer Carol Cotter, Assistant City Engineer Erika Bridges, Transportation Planning Coordinator Jason Schubert, Long Range Planning Administrator Alyssa Halle-Schramm, Senior Planner Matthew Ellis, Staff Planner Naomi Sing, Graduate Engineer II Katherine Beaman-Jamael, Deputy City Attorney Leslie Tipton-Whitten, Assistant City Attorney II Aaron Longoria, Administrative Support Specialist Kristen Hejny, and Technology Services Specialist Joel Lopez 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 20, 2023 Commissioner McIlhaney motioned to approve the Consent Agenda, Commissioner Chaloupka seconded the motion, the motion passed 7-0. 4.Consideration, discussion, and possible action on items removed from the ConsentAgenda by Commission Action. No items were removed from the Consent Agenda for discussion. May 4, 2023 Planning and Zoning Commission Minutes Page 2 of 5 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 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). Staff Planner Sing presented the Rezoning to the Commission recommending approval. Commissioner Collins presented scenarios that may be prohibited under the Restricted Occupancy Overlay (ROO), asking for clarification on their allowance under this neighborhood’s overlay. Staff Planner Sing confirmed that none of the circumstances would meet the overlay requirements or the City’s definition of a family, and therefore would not be allowed under this overlay. Administrator Halle-Schramm clarified that the scenarios with only one additional person, would be allowed within this overlay district. Ms. Halle-Schramm also explained that the Commission is to decide if this ROO is appropriate and applicable to this neighborhood. Commissioner Collins asked if two separate family units within one dwelling unit would be acceptable. Staff Planner Sing clarified that a family would be one single family unit and the individual outside of the family unit would then be the other unrelated person. Commissioner Cornelius asked for the number of homes that would be over the occupancy limitations if this ROO is approved. Staff Planner Sing stated that staff does not have the current occupancy information for the homes in this area. Commissioner Cornelius asked if any occupancy citations have been issued in this area. Staff Planner Sing clarified that staff does not have the citation information for this area. Commissioner White asked for the City’s definition of an authorized caretaker. May 4, 2023 Planning and Zoning Commission Minutes Page 3 of 5 Administrator Halle-Schramm clarified that the ordinance is written so that an authorized caretaker would involve a live-in situation, with a home-health aide, that would need to be on-premise 24-hours a day. Commissioner McIlhaney clarified that the Commission is being asked to evaluate the current application according to the current regulations, to decide if the application meets the set criteria, and that it is not for the Commission to evaluate the current definition or the merits of a ROO. Staff Planner Sing clarified that the Commission is making a recommendation on whether this is an appropriate zoning change overlay for this neighborhood. Chairperson Christiansen clarified that a ROO is an available zoning by City ordinance. Mr. Christiansen stated that this rezoning is a question of a ROO being an appropriate zoning for the subdivision. Commissioner Collins asked if this rezoning is legal and appropriate, and stated that this rezoning would have a disproportionate impact on people based on race. Staff Planner Sing clarified that this policy was enacted by the City Council and staff is enforcing the policy based upon the ordinance that was written. Commissioner Chaloupka asked if the Commission is looking at whether or not the subdivision has met the criteria for a ROO. Staff Planner Sing confirmed that the Commission is providing a recommendation onwhether this is an appropriate zoning for the neighborhood and stated that the Commission can recommend as they see fit. Commissioner Cornelius stated that the Commission can look at whether or not this rezoning is necessary and needed for this particular area. Commissioner McIlhaney stated that, by definition, it is going to be neighborhoods who are proactive about unrelated occupancy that will meet the criteria, stating that the criteria would be harder to meet if the area was heavily occupied by unrelated individuals. Commissioner Mirza stated that there may be different scenarios for families in the area, but there must still be enforcement by the City. Chairperson Christiansen opened the public hearing. Roy Hartman, Petition Committee Member, Southwood Subdivision, College Station, spoke in favor of the Rezoning citing concerns for student-based neighborhoods, and expressing favor for the quiet and the safety of the neighborhood. May 4, 2023 Planning and Zoning Commission Minutes Page 4 of 5 Sherron McKenzie, Petition Committee Member, Southwood Subdivision, College Station, spoke in favor of the Rezoning citing the preservation of the area. Harold Boas, Petition Committee Member, Southwood Subdivision, College Station, spoke in favor of the Rezoning. Chairperson Christiansen closed the public hearing. Commissioner Cornelius expressed his concerns for a ROO. Commissioner White asked for the number of homes that would be affected by this ROO. Staff Planner Sing stated that this ROO encompasses 39 lots. Commissioner McIlhaney spoke in favor of the ROO stating that the neighborhood is using the tools available to protect the neighborhood and its values. Ms. McIlhaney also spoke in favor of MH Middle Housing zoning districts as a better, long-term solution. Commissioner Mirza expressed his support for the ROO. Chairperson Christiansen expressed his support for the ROO, stating that the neighborhood has used the ordinance, followed the procedures, and met the petition criteria. Commissioner Chaloupka motioned to recommend approval of the Rezoning, Commissioner McIlhaney seconded the motion, the motion passed 5-2, with Commissioners Collins and Cornelius voting in the negative. 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: •Monday, May 15, 2023 ~ City Council Meeting ~ Council Chambers ~ OpenMeeting 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. There was no discussion. May 4, 2023 Planning and Zoning Commission Minutes Page 5 of 5 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 & ZoningCommission heard this item on April 6, 2023 and voted (7-0) to recommendapproval. The City Council heard this item on April 27, 2023 and voted (7-0) toapprove the request. •A Rezoning of approximately 5 acres of land generally located at the intersectionof State Highway 6 Frontage Road East and Venture Drive. The Planning & ZoningCommission heard this item on April 20, 2023 and voted (5-0) to recommendapproval. The City Council heard this item on April 27, 2023 and voted (7-0) toapprove 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 beengiven. 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 agendafor a subsequent meeting. There was no discussion. 8.Adjourn The meeting adjourned at 6:45 p.m. Approved: Attest: ___________________________________ _________________________________ Dennis Christiansen, Chairperson Kristen Hejny, Board Secretary Planning & Zoning Commission Planning & Development Services