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HomeMy WebLinkAbout07/06/2023 - Minutes - Planning & Zoning CommissionJuly 6, 2023 Planning and Zoning Commission Minutes Page 1 of 10 Minutes Planning and Zoning Commission Regular Meeting July 6, 2023 COMMISSIONERS PRESENT: Chairperson Dennis Christiansen, Commissioners Bobby Mirza, Melissa McIlhaney, Marcus Chaloupka, David White, and Aron Collins COMMISSIONERS ABSENT: Commissioner Jason Cornelius COUNCIL MEMBERS PRESENT: Councilmembers Linda Harvell, Mark Smith, and Dennis Maloney CITY STAFF PRESENT: Director of Planning & Development Services Michael Ostrowski, Assistant Director of Planning & Development Services Molly Hitchcock, Long Range Planning Administrator Alyssa Halle-Schramm, Land Development Review Administrator Anthony Armstrong, Senior Planners Jeff Howell and Matthew Ellis, Staff Planners Robin Macias, Jesse DiMeolo, Gabriel Schrum, Aspen Pflanz, and Carl Ahrens, Graduate Engineer II Katherine Beaman-Jamael, Graduate Engineers I Parker Mathews, Lindsey Pressler, and Gillian Sitler, Long Range Planning Intern Ashley Klein, City Attorney Adam Falco, Deputy City Attorney Leslie Tipton-Whitten, Assistant City Attorney II Aaron Longoria, Administrative Support Specialist Kristen Hejny, and Technology Services Specialist Lillian Wells 1. Call Meeting to Order. Chairperson Christiansen called the meeting to order at 5:31 p.m. 2. Executive Session Agenda In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station Planning & Zoning Commission convened into Executive Session at 5:33 p.m. on July 6, 2023, to continue discussing matters pertaining to: 2.1 Consultation with Attorney to see advice regarding pending or contemplating litigation, to wit: a. Legal advice related to the rezoning of property. 3. The Open Meeting will reconvene no earlier than 6:00 PM from Executive Session and the Planning & Zoning Commission will take action, if any. Executive Session recessed at 6:13 p.m. No action was taken. July 6, 2023 Planning and Zoning Commission Minutes Page 2 of 10 4. Pledge of Allegiance and Consider Absence Request. 5. Hear Visitors No visitors spoke. 6. Consent Agenda 6.1 Consideration, discussion, and possible action to approve meeting minutes. • June 1, 2023 6.2 Presentation, discussion, and possible action regarding a Final Plat for Greens Prairie Reserve Subdivision Section 4, Phase 404 on approximately 10 acres located at 4734 Legendary Drive, generally located southwest of the intersection of Diamondback Drive and Oldham Oaks Avenue. Case #FP2022-000030 6.3 Presentation, discussion, and possible action regarding a Final Plat for Mission Ranch Subdivision, Phase 105 on approximately 8.9 acres located at 3533 Parmer Creek Court, generally located at the intersection of Slocum Hill Court and Register Drive Court. Case #FP2022-000035 Commissioner White motioned to approve the Consent Agenda, Commissioner Chaloupka seconded the motion, the motion passed 6-0. 7. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action. No items were removed from the Consent Agenda for discussion. 8. Regular Agenda 8.1 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 as follows: Area #1 a. Changing the zoning district boundary from R-4 Multi-Family to MH Middle Housing for approximately 0.28 of an acre being Block 1, Lot 11 of the Cooner Addition, generally located at 207 Cooner Street. Case #REZ2023-000011 b. Changing the zoning district boundary from D Duplex to MH Middle Housing for approximately 0.21 of an acre being Block 5, Lot 2 of the Cooner Addition, generally located at 502 Cooner Street. Case #REZ2023-000012 July 6, 2023 Planning and Zoning Commission Minutes Page 3 of 10 c. Changing the zoning district boundary from D Duplex to MH Middle Housing for approximately 0.66 of an acre being Block 5, Lots 6-8 of the Cooner Addition, generally located at 510-512 Cooner Street. Case #REZ2023-000013 d. Changing the zoning district boundary from D Duplex to MH Middle Housing for approximately 0.27 of an acre being Block 1, Lot 28 of the Cooner Addition, generally located at 511 Cooner Street. Case #REZ2023-000014 Area #2 e. Changing the zoning district boundary from D Duplex to MH Middle Housing for approximately 0.17 of an acre being Block E, Lot 6 (10’ of) & 7 of the College Vista Subdivision, generally located at 400 Live Oak Street. Case #REZ2023-000015 Area #3 f. Changing the zoning district boundary from D Duplex to MH Middle Housing for approximately 5.41 acres being Lots 1-18 of the Little Knight Addition, generally located at 400-513 Aurora Court. Case #REZ2023-000019 Area #4 g. Changing the zoning district boundary from GS General Suburban to MH Middle Housing for approximately 0.18 of an acre being Block 1, Lot 3 and 10’ of Lot 2 of the West Park Addition, generally located at 302 Park Place. Case #REZ2023-000020 h. Changing the zoning district boundary from GS General Suburban to MH Middle Housing for approximately 0.36 of an acre being Block 1, Lot 1-R2 of the West Park Addition and Block D, Lot 1B & 35’ of 2 of the WM Sparks Subdivision, generally located at 306-308 Park Place. Case #REZ2023-000022 i. Changing the zoning district boundary from GS General Suburban to MH Middle Housing for approximately 0.35 of an acre being Block 2, Lots 8-R and 9-R of the West Park Addition, generally located at 611-613 Highlands Street. Case #REZ2023-000023 j. Changing the zoning district boundary from GS General Suburban to MH Middle Housing for approximately 0.17 of an acre being Block 3, Lot 17 of the West Park Addition, generally located at 607 Maryem Street. Case #REZ2023- 000024 k. Changing the zoning district boundary from GS General Suburban to MH Middle Housing for approximately 0.16 of an acre being Block 1, Lot 2-R1 of the West Park Addition, generally located at 301 Luther Street. Case #REZ2023-000025 (Note: Final action of these items will be considered at the July 27, 2023 City Council Meeting – Subject to change). July 6, 2023 Planning and Zoning Commission Minutes Page 4 of 10 Presentations and public hearings for agenda items #8.1.a-k were held together. Senior Planner Ellis presented agenda items #8.1.a-k to the Commission recommending approval of all. Chairperson Christiansen asked for elaboration on the community outreach staff has conducted to get feedback on these proposals, and the response. Senior Planner Ellis stated that these cases went through the normal rezoning process, including letters of notice to each property owner within 200 feet of the request. Commissioner Mirza asked if all areas have met the water, wastewater, and parking requirements. Senior Planner Ellis stated that all of these lots are already developed so their current parking is allowed. Mr. Ellis further explained that if the property owner wanted to move forward with a shared housing use, there will be a minor site plan process to ensure their parking will meet the shared housing parking requirements. Commissioner Chaloupka asked about occupancy increasing in buildings, asking if the property owner would be able to expand the occupancy prior to the approval of a shared housing use. Senior Planner Ellis clarified that rezoning itself does not establish a legal shared housing use. The property owner would need to apply for and have an approved minor site plan. Commissioner Chaloupka asked if the property owner will be responsible for applying for a minor site plan. Senior Planner Ellis confirmed that the property owners will be responsible. Commissioner Collins clarified that Area #4 is currently zoned GS General Suburban with a future land use of Mixed Residential. Mr. Collins asked if this area was originally slated for a City-initiated rezoning. Senior Planner Ellis confirmed that Area #4 was marked as one of the City-initiated rezoning areas. Chairperson Christiansen stated that a lot of these properties are currently using on-street parking to meet their needs, and asked if on-street parking can still be utilized with a shared housing use. Senior Planner Ellis clarified that a shared housing use is required to provide one space per room that could be used for occupancy that is at least 60 square feet. July 6, 2023 Planning and Zoning Commission Minutes Page 5 of 10 Commissioner White asked for clarification on one parking space per 60 square feet. Senior Planner Ellis confirmed the square footage required for parking, stating that the Unified Development Ordinance administrator has the discretion to determine which rooms might be used as bedrooms and therefore would be used in the parking calculation. Commissioner White asked how the parking regulations would be enforced. Senior Planner Ellis stated that with the minor site plan application review, the administrator requires a building plan to be submitted to be reviewed concurrently to ensure the correct number of parking spaces are being provided. Commissioner White asked that with rezoning, the property does not automatically meet the criteria for and be able to legally establish a shared housing use. Senior Planner Ellis clarified that yes, that was true, and that some shared housing uses today will not be able to meet the requirements and be legally established. Director Ostrowski provided additional clarification on the parking ratio for a shared housing use, stating that the parking ratio is one parking space per 70 square feet. Commissioner McIlhaney asked of the already approved MH Middle Housing rezonings, how many have applied to change their use. Senior Planner Ellis stated that none have gone through a minor site plan application and review process at this time. Commissioner McIlhaney asked if properties were subject to any follow-up monitoring to come into compliance. Senior Planner Ellis stated that houses would still be limited in occupancy by today’s standards, unless they choose to establish a shared housing use. Commissioner White asked if these rezonings would have been in the City-initiated group of rezonings, and asked when the City-initiated rezonings will come forward. Senior Planner Ellis confirmed that these rezonings were in the general area of the City- initiated rezonings, and stated that City-initiated rezonings will be presented to the Commission and the City Council in late summer. Crissy Hartl, Applicant, Mitchell & Morgan Engineers, presented to the Commission. Commissioner Mirza asked if there would be any structural changes to the properties. Ms. Hartl confirmed that there would be no structural changes. July 6, 2023 Planning and Zoning Commission Minutes Page 6 of 10 Commissioner Chaloupka asked the applicant if they have done a preliminary site review to determine if the properties would meet the City’s requirements. Ms. Hartl stated that the owner has done their own analysis and have building plans and site plans to be submitted. Commissioner Chaloupka stated that the owner is signing leases at this time assuming that the properties will be in compliance. Ms. Hartl stated that as the property owner’s representative, she is unaware of the conditions of the leases, however the intent is to have the structures in compliance by the time the homes are occupied. Commissioner Collins stated that the Commission must consider the rezoning based on the potential use of the property under the new zoning. Commissioner White requested clarification on how a room might be eliminated to meet parking standards as a shared use property. Ms. Hartl stated that she was unaware of a solution. Chairperson Christiansen opened the public hearing. Lily Byrd, Aurora Court, College Station, spoke in support of the rezoning of item #8.1.f. Commissioner McIlhaney asked for the current parking configuration for Aurora Court. Ms. Byrd explained that Aurora Court has one entrance with a cul-de-sac at the end, opening to additional parking along the rear of the properties, and there is on-street parking along one side of Aurora Court. Commissioner McIlhaney asked if Aurora Court would be eligible for a shared housing use while meeting the parking requirements. Senior Planner Ellis stated that staff cannot give a guarantee at this time, although there is likely an agreement in place for the properties to share parking so staff would likely look at the parking holistically to ensure there was enough parking on site to meet the requirements. Richard Woodward, Woodson Village, College Station, expressed concerns that the rezonings are not timed correctly with the City-initiated rezoning process that is moving forward. Mr. Woodward asked that the Commission wait a few months and table the requests. July 6, 2023 Planning and Zoning Commission Minutes Page 7 of 10 Chairperson Christiansen closed the public hearing. Commissioner Collins stated that the Commission must take into consideration the criteria and staff’s recommendation. Chairperson Christiansen stated that the job of the Commission is not to rewrite the ordinance, but to see if these requests fit into the ordinance and if the process the applicant has gone through is consistent with the ordinance. Commissioner White expressed support for staff’s recommendation, stating that there are no guarantees on timing for City-initiated rezonings. Commissioner McIlhaney expressed the desire to vote on the rezonings by area. Commissioner Mirza expressed a desire for consistency with MH Middle Housing rezonings. Chairperson Christiansen stated that the rezoning requests presented to the Commission have followed City procedures and expressed the desire to vote on the rezonings by area. Commissioner Collins motioned to recommend approval of Area #1, agenda items #8.1.a-d, Commissioner Chaloupka seconded the motion, the motion passed 6-0. Commissioner White motioned to recommend approval of Area #2, agenda item #8.1.e, Commissioner Mirza seconded the motion. Commissioner McIlhaney asked if the property has a shared parking area with the unit to the rear. Senior Planner Ellis stated that there is no shared parking with the adjacent property. The motion passed 6-0. Commissioner McIlhaney motioned to recommend approval of Area #3, agenda item #8.1.f, Commissioner Chaloupka seconded the motion, the motion passed 6-0. Commissioner White motioned to recommend approval of Area #4, agenda items #8.1.g-k, Commissioner Collins seconded the motion, the motion passed 6-0. 8.2 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 GS General Suburban to MH Middle Housing for approximately 1.05 acres being Lots 5-1 to 5-5 pf the D.A. Smith Subdivision and generally located along Avenue A. Case #REZ2023-000026 (Note: Final action of this item will be considered at the July 27, 2023 City Council Meeting – Subject to change). July 6, 2023 Planning and Zoning Commission Minutes Page 8 of 10 Senior Planner Ellis presented the rezoning to the Commission recommending approval with the conditions that an approved secondary access drive meeting Fire Department standards is constructed no less than 175 feet away from Lincoln Avenue, a 10-foot right- of-way dedication for Avenue A is provided from each lot, and right-of-way chamfers are dedicated from the lot that abuts Lincoln Avenue. The conditions are necessary to ensure that this development and others along Avenue A continue to be marketable and safe to occupy. Chairperson Christiansen asked if the plan is to demolish the property and rebuild. Senior Planner Ellis confirmed that the property owner plans to redevelop. Commissioner Mirza asked about the public access easement staff was requesting. Senior Planner Ellis stated that this secondary access area will not allow parking, and building setbacks will be measured from the outside of the access drive. Commissioner White asked if there are any time limitations for the developer to meet the conditions. Director Ostrowski clarified that with conditions, the rezoning will not go into effect until the conditions have been met. Commissioner McIlhaney asked if the utility services meet requirements. Senior Planner Ellis stated that the fire trucks do not have sufficient turn around on Avenue A. Mr. Ellis clarified that the utilities are sufficient to handle the additional load, but upgrades will be addressed at building permitting. Director Ostrowski stated that the dedication of additional right-of-way and the construction of the access road helped satisfy criteria and meet the need for utilities. Crissy Hartl, Applicant, Mitchell & Morgan Engineers, was available to answer questions from the Commission. Chairperson Christiansen opened the public hearing. No visitors spoke. Chairperson Christiansen closed the public hearing. Commissioner Chaloupka motioned to recommend approval of the rezoning with the conditions as presented, Commissioner Mirza seconded the motion, the motion passed 6-0. July 6, 2023 Planning and Zoning Commission Minutes Page 9 of 10 9. Informational Agenda 9.1 Discussion of new development applications submitted to the City. New Development Link: www.cstx.gov/newdev There was no discussion. 9.2 Discussion of Minor / Amending Plats approved by staff: • Aggieland Business Park Phase 3D; Case #FP2023-000002 • Scott & White Healthcare Subdivision, Block 1, Lots 1R & 2R; Case #FPCO2022-000011 There was no discussion. 9.3 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings: • Monday, July 13, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, July 20, 2023 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. • Thursday, July 27, 2023 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, August 3, 2023 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. There was no discussion. 9.4 Presentation and discussion regarding an update on items heard: • A rezoning of approximately 0.4 acres of land located at 1100 Dexter Drive South from GS General Suburban to MH Middle Housing. The Planning & Zoning Commission heard this item on May 18, 2023 and voted (6-0) to recommend denial. The City Council heard this item on June 12, 2023 and voted (6-0) to deny the request. • An ordinance amendment regarding lot grading for residential property. The Planning & Zoning Commission heard this item on June 1, 2023 and voted (4-0) to recommend approval with direction that staff explore additional design professionals. The ordinance was amended based on P&Z direction and the City Council heard this item on June 12, 2023 and voted (6-0) to approve the request. There was no discussion. 9.5 Discussion and review regarding the following meetings: Design Review Board, BioCorridor Board. • Design Review Board Meeting ~ June 28, 2023 ~ Board Training July 6, 2023 Planning and Zoning Commission Minutes Page 10 of 10 •Future Meeting(s): Design Review Board Meeting ~ July 14, 2023 ~ 11:00 a.m. ~ 1938 Executive Conference Room There was no discussion. 10.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 maybe given. Any deliberation shall be limited to a proposal to place the subject on an agendafor a subsequent meeting. Commissioner McIlhaney asked for an update on enforcement as it relates to occupancycounts. Director Ostrowski clarified that this information was presented to the Commission as part of the Middle Housing timeline presentation. 11.Adjourn The meeting adjourned at 7:19 p.m. Approved: Attest: ___________________________________ _________________________________ Dennis Christiansen, Chairperson Kristen Hejny, Board Secretary Planning & Zoning Commission Planning & Development Services