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HomeMy WebLinkAbout12/16/2004 - Agenda Packet - Planning & Zoning Commission 4 1,41111 FILE COPY CITY OF COLLEGE STATION Planning & Development Services AGENDA Workshop Meeting Planning and Zoning Commission Thursday, December 16, 2004, at 6:00 p.m. Administrative Conference Room, City Hall 1101 Texas Avenue College Station, Texas 1. Discussion of consent and regular agenda items. 2. Discussion of minor and amending plats approved by Staff. — 04 -257 Bentwood Estates Phase II Amending Plat. GP) 3. Presentation, discussion and possible action concerning the draft "Rules and Procedures" for the Planning & Zoning Commission. (TF) 4. Discussion and possible action on future agenda items — A Planning and 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. 5. Adjourn Consultation with Attorney {Gov't Code Section 551.071} ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney -client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney -client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979- 764 -3517 or (IUD) 1- 800 -735- 2989. Agendas posted on Internet Website http: / /www.cstx.gov and Cable Access Channel 19. P &Z Workshop Agenda December 2, 2004 Page 1 of 1 Workshop Agenda 3 Draft "Rules and Procedures" For the Planning & Zoning Commission ( CITY OF COLLEGE STATION Planning & Development Services 1101 Texas Avenue South, P.O. Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: December 10, 2004 TO: Planning & Zoning Commissioners THROUGH: Joey Dunn, AICP, Director of Planning & Development Services FROM: Trey Fletcher, AICP, Senior Plan j4, SUBJECT: DRAFT "Rules of Procedure" for the Planning & Zoning Commission Last month, as requested staff presented various examples of provisions for planning and zoning commissions from throughout the State. Upon staff presentation and your discussion, staff has commenced with the drafting of a set of "Rules of Procedure ", which is attached for your review and comment. Since this item is the focus of the workshop agenda, please consider the following for discussion and integration into subsequent drafts of the Rules. While this document remains a draft, I have sought comments from department staff, Legal staff, and the City Secretary. As noted previously, many of the provisions in the UDO related to the Planning & Zoning Commission are also those typically found in many of the examples. These provisions are established by the City Council, and so referenced in the draft back to the UDO. Thus the purpose of the Rules is to expand upon issues in which the Commission has purview. Previous discussions have suggested a need for provisions addressing a plan of work, an annual survey, established meeting times, continuing education, and order of business (agenda contents). Each of these has been addressed to an extent in this draft. Also noteworthy is while the Chair is appointed by the City Council, there are no established provisions for a Vice - Chair. This draft proposes that one is elected by the Commission each year to act in the absence of the Chair. Staff has also been reviewing similar provisions for the City Council, Zoning Board of Adjustment (ZBA) and Construction Board of Adjustments and Appeals. Each of these is also within your packet. On behalf of staff, I look forward to your comments and discussion related to this item. (liff ill1111111 CITY OF COLLEGE STATION Planning d Development Services City of College Station • Planning & Zoning Commission Rules of Procedure DRAFT • DECEMBER 2004 Article 1 — Authority 1.1 Section 2.2.C.4 of the City of College Station Unified Development Ordinance authorizes the Planning and Zoning Commission to adopt its own rules of procedure. Article 2 — Purpose and Powers and Duties 2.1 Purpose The purpose of the Commission is to exercise the powers authorized by the College Station City Council under the City of College Station Code of Ordinances and applicable state statutes regarding planning, zoning and related matters. 2.2 Powers and Duties The Planning and Zoning Commission shall have the powers and duties authorized in Article 2 of the Unified Development Ordinance and Chapter 9 of the City of College Station Code of Ordinances, and any other applicable ordinances or laws and to make recommendations in implementing the Comprehensive Plan, and establish subcommittees of the Planning and Zoning Commission. A. Plan of Work The Planning & Zoning Commission may adopt a Plan of Work. The Plan of Work should consider future tasks for a 3 -year period and be updated and revised annually. Upon presentation of a draft Plan of Work by the Commission in a joint meeting the City Council and the Planning & Zoning Commission, the Commission may adopt the Plan by majority vote of the members present. B. Survey and Report The Commission may conduct an annual survey of residents of the City of College Station to assess needs and desires relevant to purpose of the Commission and report such findings to the City Council. DRAFT — Rules of Procedure Page 2 of 4 Article 3 — Organization and Officers 3.1 Appointment The Planning and Zoning Commission shall consist of those members appointed by the City Council in accordance with the UDO. Appointments are made at times as determined by the City Council. Upon taking the Official Oath of Office given by the City Secretary or designee, the Commissioner shall attend meetings in an official capacity. 3.2 Officers A. A Chairperson shall be appointed annually by the City Council. B. A Vice -Chair shall be elected by the Commissioners annually. If at any meeting of the Planning and Zoning Commission neither the Chairperson nor Vice -Chair is present, then those Commissioners present shall elect a member to be Chairperson for conducting the meeting as provided herein. 3.3 Membership and Terms A. Terms Terms of members of the Planning and Zoning Commission shall be as provided in the Unified Development Ordinance Commissioners with expiring terms seeking reappointment must formally reapply in writing for consideration. B. Term Limits Terms of office shall be as provided in the Unified Development Ordinance. C. Vacancies Vacancies shall be filled as provided in the Unified Development Ordinance Article 4 — Meetings and Procedures 4.1 Meetings Members of the Planning and Zoning Commission shall meet twice monthly on the first and third Thursdays. Unless otherwise posted, Workshop meetings will be held in the City Hall Administrative Conference Room at #: ## p.m. and Regular meetings will be held in the City Hall Council Chambers at #: ## p.m. All meetings of the Commission where a quorum is present shall be open to the public. Special meetings or workshops of the Commission may be called by the Chair or upon request of # members of the Commission to the Chair. 4.2 Quorum A quorum is a majority of the number of members of the Commission. Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the City Council without a majority of positive votes from those members present shall be deemed a negative report. No business shall be conducted or action taken without a quorum of the Commission present. DRAFT — Rules of Procedure Page 3 of 4 4.3 Absences In accordance with Ordinance No. 2406, notification of an absence shall be submitted by the Commissioner to the staff liaison on a form provided by the City. 4.4 Conflict -of- Interest The conflict of interest laws prevent a member from voting on items that directly financially impact a member. A member is encouraged to contact the Administrator and /or the City Attorney Representative of a potential conflict before the Planning and Zoning meeting that will consider the item. 4.5 Order of Business The order of business shall generally be conducted as follows: Workshop Meeting Discussion of consent and regular agenda items. Discussion of minor plats. (as necessary) Items Discussion of recent City Council actions. (as necessary) Discussion and possible action of future agenda items - Adjourn Regular Meeting Hear Citizens Absence Requests (as necessary) Recognition of Affidavits for Conflict -of- Interest Consent Agenda Items Regular Agenda Items Discussion and possible action on future agenda items Adjourn 4.6 Rules of Order The Commission shall adopt its own rules of order. 4.7 Minutes The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. 4.8 Staff The Administrator shall provide staff, as needed, to the Planning and Zoning Commission. 4.9 City Attorney The City Attorney is the legal advisor of and attorney for the City and all offices and departments. The Administrator shall consult and cooperate with the City Attorney on legal issues pertaining to planning, zoning and related matters. The City Attorney or his /her designee shall attend all Planning and Zoning meetings. DRAFT — Rules of Procedure Page 4 of 4 Article 5 — Continuing Education 5.1 Continuing Education As citizen volunteers appointed to the Planning & Zoning Commission, Commissioners are encouraged to attend training and continuing education opportunities, as provided by the City of College Station, the Texas Chapter of the American Planning Association, or other professional organization where Continuing Education Units (CEUs) may be obtained. Article 6 - Amendments 6.1 Amendments The Commission may amend the Rules of Procedure at its discretion by a majority vote of the Commission. 6.2 Conflict In the case of any conflict between any Ordinance or applicable law and these Rules, the Ordinance or applicable shall take precedence. PASSED, ADOPTED and APPROVED this day of , 2004. APPROVED: , Chair Planning & Zoning Commission ATTEST: Connie Hooks, City Secretary MISSION STATEMENT "On behalf of the citizens of College Station, home of Texas A &M University, the City Council will promote and advance the quality of life of the community." COUNCIL MEETING PROCEDURES Effective immediately, following the adoption of this policy by the City Council, the following rules and order of business will be adhered to. This policy shall remain in effect unless changed by a subsequent city council after an annual review following each general election. Such action is in keeping with Section 33 of the Charter of the City of College Station, which states that the council shall determine its own rules and order of business. MEETINGS Regular Meetings will be held on the second and fourth Thursday of each month. Such meeting will be held at City Hall in the Council room commencing at 7:00 p.m. Special Meetings are subject to call by the Mayor, City Manager, or any Council member, dependent upon majority attending such meeting. Workshop meetings will be held on the second and fourth Thursday of each month. Such meeting will commence at 3:00 p.m. The purpose of such meeting shall be to discuss strategic issues and Ends Statements developed by City Council, and to receive staff presentations. Normally no official council action will be taken at such meetings. The purpose of Workshop Meetings is to explore or discuss problems without taking specific action. The general public can, of course, attend such meetings if they wish, but they may not participate in the proceedings unless invited to do so. Occasionally, public hearings may be held at Workshop Meetings for the convenience of the public. Executive Sessions are an exception to the general rule that all meetings are open to the public. The Open Meetings Act allows closed meetings in a few specific instances where privacy serves the public interest - i.e. to discuss real estate, economic development, personnel matters. The Council must keep a record of the meeting and it shall be certified by the Mayor to assure that all matters discussed in executive session were properly recorded. Executive Sessions will be held on the second and fourth Thursday of each month, unless a special meeting is called by the Mayor and City Manager. The executive session will recess or conclude at 6:45 p.m. to allow adequate time for council members to prepare for regular meeting. AGENDA Council Meeting Procedures Page 2 Agendas are prepared and posted for every meeting of the governmental body. The agenda provides for Council members to submit future agenda items. Notice on the workshop agenda shall read as follows: A councilmember 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. A Council member may make a motion to recommend an issue be placed on a future agenda. Upon seconded and passed by a majority, the City Manager will assign the item to a future agenda. A three -month planning agenda calendar shall be provided to the Council by the City Manager's office. The Mayor, working in conjunction with the City Manager, will exercise the best judgment in determining what other items of business should come before the Council. An item not appearing on the agenda shall not be taken up for discussion as a matter of Council business during a Regular Meeting unless it is of an emergency nature and comes to the city's attention too late to appear on the agenda, and only then through an expression of a majority will of the Council members present. Any member of the city staff wishing to have an item placed on the agenda shall submit that item to the City Manager's office for approval. The City Manager may establish procedures for submission of routine items without his approval. Staff will deliver agenda packets for all Regular Meetings on the Friday afternoon preceding the meetings. This should afford ample time for all Council members to inquire into the nature of each matter to be discussed or to personally investigate the matter so as to be better informed before a Council meeting. Council mail will be available to Council members in their mailboxes located in the City Secretary's office. The City Secretary's office will assume responsibility for issuing a copy of the agenda to newspapers, radio, and television stations. It is the expressed wish of the Council that a notice of workshop and regular Council meetings appear in the news media at least the day before its meeting. The City Secretary's office will also assume the responsibility for compliance with the Open Meetings Act. As it relates to Special Meetings, the Council will restrict consideration only to the item or items on the Agendas. First two items on the regular council agenda shall be to recite the Pledge of Allegiance and the presentation of an invocation. • Council Meeting Procedures Page 3 These procedures shall apply to all meetings of the City Council. The Mayor shall be the presiding officer at all meetings of the City Council and have a voice in all of its proceedings. Council members shall speak only upon being recognized by the presiding officer whose recognition shall not be unreasonably withheld. In the event of the absence of the Mayor and Mayor Pro Tem, the Mayor shall designate the presiding officer. In the event the Mayor has failed to designate the presiding officer, the council member with the most seniority shall serve as presiding officer. In the event of equal seniority, the council member with the lowest numbered place shall preside. PARLIAMENTARY PROCEDURE In regular and special meetings, Robert's Rules of Order will be followed. The following are commonly used procedures: SPECIFIC MAIN MOTIONS: To bring before an assembly for discussion and decision. 1. Main motion. Begin the discussion by having a member make the motion. Motion should be made and seconded. After this, debate can be conducted. (Ex: "Mr. Chairman, I move the following..."). g.. ). SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 2. To reconsider. To enable an assembly to set aside a vote on a main motion taken at the same meeting and to consider the motion again as though no vote had been taken on it. Motion to reconsider may be offered by anyone. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE No VOTE REQUIRED Majority 3. To rescind. To nullify a main motion passed at a previous meeting. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 4. To take from the table. To enable an assembly to take up and consider a motion that was postponed temporarily during the same meeting. Maybe used at a future meeting if the item that was tabled was posted. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority SUBSIDIARY MOTIONS: To modify a motion that is being considered by the assembly so that it will express more satisfactorily the will of the members. Council Meeting Procedures Page 4 5. Amending a motion. Any motion may be amended as follows: "Mayor, I move that we amend the motion by (adding, striking out, etc. the words...)." The amendment must be seconded and then it can be discussed. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to a vote as amended. If the amendment fails, the original motion is put to a vote. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 6. To offer a Substitute Amendment. Another way to change an original motion is by use of the Substitute Motion. A substitute motion is just an amendment that changes an entire sentence or paragraph. It must be seconded and then discussed. It may be amended and differs only from an amendment in that if the substitute motion passes it does away with the original motion. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 7. Lay a Motion on the Table. Sometimes a board or committee may wish to defer action on a motion. One way to accomplish this is to lay a motion on the table. It is in order to move that a main motion be laid on the table when discussion on the main motion has or is about to end. A tabled motion can be brought from the table during the same meeting but is usually done so at a later meeting when unfinished business is being considered. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority 8. Motion to Refer. A main motion may also be delayed by a Motion to refer the main motion to a committee or person for further study. After the motion to refer is moved and seconded, it is open to discussion and motions to amend can be made on to whom the main motion should be referred. The motion to refer as amended is then voted on. If it passes, the main motion is referred; but if it fails, then discussion on the main motion begins. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 9. Motion to close debate (call for question). To prevent or stop discussion on the pending question, and to bring the pending question or questions to an immediate vote. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED 2/3 (5 of 7 members present) INCIDENTAL MOTIONS: To enable a member who believes that the presiding officer is mistaken or unfair in a ruling to have the assembly decide by vote whether the presiding officer's decision should be upheld or overruled. Council Meeting Procedures Page 5 10. Point of Order. Anytime a member feels an incorrect procedure is being used, he can interrupt with a point of order request that requires the mayor to decide what the correct procedure is. Can have no motion applied to it except the motion to withdraw. SECOND REQUIRED No DEBATABLE No AMENDABLE No VOTE REQUIRED Mayor must concede or deny. 11. Suspension of the Rule. Although under Texas law the NEW ROBERT'S RULES OF ORDER, REVISED are not binding, however, Council generally adheres to these rules. Occasionally, Council members may want to discuss an item of business without the constraints of any rules. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED 2/3 (5 of 7 members present) 12. DIVISION OF A QUESTION. To divide a motion that is composed of two or more independent parts into individual motions that may be considered and voted on separately. Applies to main motions only. SECOND REQUIRED Yes DEBATABLE No AMENDABLE Yes VOTE REQUIRED Majority 13. REQUEST TO WITHDRAW A MOTION. To enable a member who has proposed a motion to remove it from consideration by the assembly. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority PRIVILEDGED MOTIONS: To enable a member to secure immediate decision and action about matters not related to pending business. 14. TO ADJOURN. To terminate the meeting. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority 15. RAISE QUESTION OF PRIVILEGE. To enable a member to secure immediate decision and action by the presiding officer on a request that concerns the comfort, convenience, rights, or privileges of the assembly or of the member. SECOND REQUIRED No DEBATABLE No AMENDABLE No VOTE REQUIRED Mayor responds Council Meeting Procedures Page 6 The Council may agree to limit debate on any business before it. That agreement may be formalized by a majority of the Council. Any member may request a roll call vote at any time. The presiding officer shall not entertain any dilatory motions. CONFLICT OF INTEREST Each Council member should be aware of the conflict of interest regulations, including Charter provisions and state statutes. When a Council member has a conflict of interest with an agenda item, he or she should submit the required affidavit (if required) prior to the beginning of the meeting at which the agenda item is scheduled. Upon introduction of the agenda item, the Council member with the conflict of interest should announce that he or she has a conflict of interest and will not participate in discussion or consideration of the agenda item. It is not necessary that the Council member leave the meeting room. DECORUM AND DEBATE When a measure is presented for consideration to the Council, the presiding officer shall recognize the appropriate individual to present the case. When two or more members wish to speak, the presiding officer shall name the member who is to speak first. No member of the Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No member shall speak more than five minutes on any amendment to the question except as further provided in this rule. No member shall speak more than the time limits provided herein on any subject or amendment, and such member may use his or her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Council member for a second comment on the subject or amendment until every Council member wishing to speak has been allowed a first comment. Council members shall also have the right to yield a portion of time to another member. Any member deciding to speak more than five minutes on any question or more than five minutes on any amendment to the question shall be accorded the privilege without objection upon motion supported by two- thirds of the Council. No member shall be permitted to interrupt while another member is speaking. Council Meeting Procedures Page 7 No Council member shall be permitted to indulge in personalities, use language personally offensive, arraign motives of members, charge deliberate misrepresentation, or use language tending to hold a member of the City Council up to contempt. If a member is speaking or otherwise transgressing the rules of the Council, the presiding officer shall or any Council member may call him or her to order in which case he or she shall immediately be quiet unless permitted to explain. The Council shall, if appealed to, decide the case without debate. If the decision is in favor of the member call to order, he or she shall be at liberty to proceed, but not otherwise. CITIZEN PARTICIPATION Staff will be available to assist the public as they arrive to a council meeting to briefly explain the meeting procedures and direct citizens who want to address the council on a policy issue or an agenda item. All public attending any called meeting will be invited to sign a guest register. The City Secretary as a matter of record will add their names to the minutes of said meeting. There are several scenarios that a member of the public may address the council. 1. To maintain decorum, the Mayor, at any Regular Meeting, will ask the citizens present if they wish to speak for or against any regular agenda item. If so, they will be given an opportunity to do so at the proper time, when recognized by the chair. Citizens must sign a registration form prior to discussion of the item. Speakers will be limited to three minutes. 2. It will not be necessary to complete a registration form prior to a public hearing. The Mayor will open the public hearing and recognize individuals who wish to come forward to speak for or against the item. You will need to state your name and address for the record. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. 3. Citizens, who wish to bring up a policy issue not listed on the regular agenda, may do so, but only under Hear Visitors, at 7:00 p.m. following presentation items on the regular agenda. Citizens shall sign the Hear Visitors register after addressing the Council. Topics of operational concerns shall be directed to the City Manager. Speakers will be allowed three minutes. 4. When a large number of participants have indicated an interest in addressing the council on a zoning case or another regular agenda item, the Mayor or Mayor Pro Tem may set a maximum time limit for the proponents and opponents and a time limit for rebuttal, if necessary. Council Meeting Procedures Page 8 5. The Development Services staff shall make a report on all zoning cases and development issues including recommendations. The applicant will then present a brief overview of the project responding to suggested topics provided by Development Services. Council will ask questions of the applicant and staff, if necessary. 6. As a general rule, citizens may not participate in discussions at the workshop sessions or consent agenda items. APPROVED BY THE CITY COUNCIL, 7/25/66 REVISED BY THE CITY MANAGER'S OFFICE, 4/3/80 REVISED BY CITY COUNCIL 6/11/81 REVISED BY THE CITY MANAGER'S OFFICE, 2/86 REVISED BY THE CITY COUNCIL, 11 /10/88 REVISED BY THE CITY COUNCIL, 2/7/90 REVISED BY THE CITY COUNCIL, 5/23/96 REVISED BY THE CITY COUNCIL, 8/13/98 REVISED BY THE CITY COUNCIL, 6/24/99 REVISED BY THE CITY COUNCIL, 7/12/01 REVISED BY THE CITY COUNCIL, 6/13/02 REVISED BY THE CITY COUNCIL, 4/8/04 o: group\ council\ proc2004.doc ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions, appeals of Zoning Official's decisions, Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests, and PITY ordinance special exceptions. The ZBA is a fact - finding body, and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. I. APPLICATION ❖ Any variance request, special exception, appeal of a decision of the Zoning Official or floodplain ordinance variance request shall be preceded by the applicant submitting to the Zoning Official a completed: 1). Application 2). Request Form ❖ Applications and request forms are available from the Planning Division Office. ❖ The Zoning Official shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. ❖ The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form. ❖ Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Zoning Official shall inform the applicant of any extra materials required. ❖ An applicant shall submit a non - refundable fee of $150.00, payable to the City of College Station, to defray notification costs. The $150.00 will be taken when the completed application and request form are submitted. II. APPEAL OF ZONING OFFICIAL DECISION ❖ Appeals of Zoning Official decisions shall be filed within thirty (30) days of the decision. ❖ The ZBA shall hear the appeal within sixty (60) days after the application and request forms are received by the Zoning Official. ❖ The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, or decision, of the Zoning Official by a concurring vote of at least four (4) of the five (5) members. ❖ The completed application and request form must be received by the the Planning Office by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline/Meeting Date Information schedule. ❖ When the application and request form are received the item will be placed on the next available ZBA Meeting agenda. All required notices will be published. ❖ The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. III. NOTICE ❖ The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1) week prior to the meeting. ❖ The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1) week prior to the meeting. Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties. Notice by certified mail to such owners shall correspond to the owner's names and address as shown on certified tax roles even if the tax rolls are incorrect or outdated. ❖ At the applicant's request, the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1) week before the meeting. ❖ The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2) weeks prior to the meeting. IV. ❖ Robert's Rule of Order, newly revised, shall be followed. ❖ Meetings shall be held the first Tuesday of each month at 6:00 PM. ❖ Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. ❖ x .z ❖ The ZBA may act on any request with or without the applicant's presence at the meeting. ❖ When hearing requests, this procedural format shall be followed: Staff Report ZBA Members ask questions Public Hearing ZBA discussion and action ❖ The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years. ❖ Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made. ❖ Minutes shall be signed by the Chairman after they are approved by the ZBA. VI. PUBLIC HEARING ❖ Witnesses shall be placed under oath by the Chairman using this statement: "Do you swear or affirm to tell the truth in this proceeding under penalties of perjury ?" • Witnesses include the applicant and interested persons. VII. MOTIONS ❖ Motions shall be made on the Motion Format Form and be positive or negative. ❖ Negative motions (motions to deny a request) should be made when the ZBA finds no special conditions, no undue hardship, or that the spirit of the ordinance will not be preserved. ❖ Negative motions which fail do not imply the request is granted. • Requests are only granted when a positive motion is passed by at least four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present. VIII. REHEARING ❖ Applicants must have the ZBA's approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. ❖ When a request is denied, within ten days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this request, the applicant must submit to the Administrator new information that was previously not available to the Board. ❖ Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda. ❖ To decide to rehear a request, the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property's special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion, and passage by a majority of members present. • The determination that information previously not available is relevant to a request's hardship and special condition does not necessarily indicate the eventual approval of a request. ❖ If the ZBA approves a request to rehear, the applicant must pay a new fee by an established deadline to be scheduled for a future meeting. IX. APPEAL DECISION ❖ If an applicant wishes to appeal a ZBA decision, he must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning Division Office. CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS RULES AND PROCEDURES The Construction Board of Adjustments and Appeals hears appeals of decisions and interpretations of the Building Official and Fire Marshal. The Board also considers variances to the terms of the technical codes. The Construction Board of Adjustments and appeals is a fact - finding body, and to grant variances it must determine that the elements for a variance have been proven. Positive action requires an affirmative vote by at least four (4) of the five (5) members. APPLICATION A. Any appeal of a decision or interpretation of the Building Official or Fire Marshal or a variance request to the terms of the technical codes shall be preceded by the applicant submitting to the Building Official the following: 1) A completed variance application form. 2) A completed request form. B. An applicant shall be the owner of a building, structure or service system, or his duly authorized agent. C. Variance application forms are available from the office of Development Services. D. The Building Official or Fire Marshal shall assist the applicant in determining the applicable ordinance section for the application. E. The applicant shall attach additional sheet(s) if he cannot fully explain his request in the space provided on the request form. F. Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Building Official or Fire Marshal shall inform the applicant of any extra materials required. G. An applicant shall submit a non - refundable fee of $480.00, payable to the City of College Station. The $480.00 application fee shall be given to the Building Official when the completed application and request form are submitted. II. APPEAL OF BUILDING OFFICIAL OR FIRE MARSHAL DECISION A. Appeals of a decision of the Building Official or fire Marshal shall be filed within thirty (30) days of the decision. B. When the Building Official receives the variance application request form, the item will be placed on the next available meeting agenda. C. The Board shall hear the appeal within thirty (30) days after the completed variance application and fee is received by the Building Official. D. The applicant has the responsibility to verify his item has been placed on the Construction Board meeting agenda. III. DECISION OF THE BOARD: A. The Board shall reach a decision without reasonable or unnecessary delay. B. The Board may act on any request with or without the applicant's presence at the meeting. C. Each item before the Board must be heard by at least four (4) members. D. The Board's decision shall also include the reasons for the decision. E. The Board may reverse or modify a refusal, order or disallowance of the Building Official or Fire Marshal. The Board may also grant a variance of any provision of the codes. F. Every decision of the Board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. IV. NOTICE A. The Secretary to the Board shall notify the applicant of the time and place of the Board meeting by certified mail not less than one (1) week prior to the date of the meeting. B. The Secretary to the Board shall send an agenda to the City Secretary's office to be posted no less than 72 hours prior to the meeting. V. MEETING A Meetings shall be held as called by the Chairman. B. The Secretary of the Board shall mail an agenda to the Board member one (1) week prior to the meeting. The Secretary shall also make packets available to Board members on the Friday preceding the meeting. C. Robert's Rule of Order, newly revised, shall be followed. D. When hearing requests, the procedural format shall be as follows: 1. Staff report and presentation 2. Board members ask questions regarding the report and presentation 3. Public Hearing 4. Board discussion and action E. When "Hearing Visitors" — At this time, the Chairman will open the floor to citizens wishing to address the Board on issues not already scheduled on the agenda. The visitor presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Board and to allow adequate time for completion of the agenda items. The Board will receive the information, ask City staff to look into the matter, or will place the matter on a future agenda for discussion. Visitors are asked to state his/her name and address for the record before addressing the Board. VI. PUBLIC HEARING A. Chairman shall open the public meeting. B. Witness shall state his/her name and address for the record. C. Witnesses include the applicant and all interested persons. D. Witnesses may be given time limits for speaking at the discretion of the Chairman. VII. MOTIONS A. Motions shall be made on the Motion Format Form and be positive or negative. B. Negative motions (motions to deny a request) should be made when the Board finds no special conditions are present, the five elements have not been met, or that the spirit of the ordinance will not be preserved. C. Negative motions which fail do not imply the request is granted. D. Requests are only granted when a positive motion is passed by at least four (4) members. Requests are denied when a negative motion is passed by a majority of members present. VIII. MINUTES A. The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years. B. Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made. C. Minutes shall be signed by the Chairman after they are approved by the Board. ( ir r ff i" CITY OF COLLEGE STATION Planning dr Development Services AGENDA Regular Meeting Planning and Zoning Commission Thursday, December 16, 2004, at 7:00 p.m. Council Chambers, College Station City Hall 1101 Texas Avenue College Station, Texas 1. Hear Citizens. At this time, the Chairman will open the floor to citizens wishing to address the Commission on planning and zoning issues not already scheduled on tonight's agenda. The citizen 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.) All matters listed under Item 2, Consent Agenda, are considered routine by the Planning and Zoning Commission and will be enacted by one motion. These items include preliminary 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. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for further consideration. 2. Consent Agenda • Workshop Meeting Minutes November 18, 2004 • Regular Meeting Minutes November 18, 2004 • Workshop Meeting Minutes December 2, 2004 • Regular Meeting Minutes December 2, 2004 Regular Agenda. 3. Consideration, discussion and possible action on request(s) for absence from meetings. Marilyn Hooton 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 5. Public hearing, presentation, discussion and possible action on a Rezoning application by the Pebble Creek Development Company consisting of 44.15 -acre tract generally located at the southeast corner of State Highway 6 and Greens Prairie Road from C -1, General Commercial, A -P, Administrative Professional and M -1, Light Industrial to C -1, General Commercial. (04 -264 TF) P &Z Regular Agenda December 16, 2004 Page 1 of 2 6. Public hearing, presentation, discussion, and possible action on a Rezoning application by the Pebble Creek Development Company consisting of a 13.1 -acre tract generally located at the southwest corner of Pebble Creek Parkway and Royal Adelade Drive from A -0, Agricultural Open to PDD, Planned Development District. (04 -265 TF) 7. Discussion and possible action on future agenda items — A Planning and 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. Consultation with Attorney {Gov't Code Section 551.0711 ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney - client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney- client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979 - 764 -3517 or (TDD) 1- 800 - 735 -2989. Agendas posted on Internet Website http: / /www.cstx.gov and Cable Access Channel 19. P&Z Regular Agenda December 16, 2004 Page 2 of 2 Consent Agenda 2 Approval of Meeting Minutes MINUTES Workshop Meeting Planning and Zoning Commission Thursday, November 18, 2004 at 5:30 p.m. Administrative Conference Room College Station City Hall (*ffirl4 1101 Texas Avenue College Station, Texas CITY OF COLLEGE STATION Planning 6 Development Services COMMISSIONERS PRESENT: Chairman Shafer, Commissioners Davis, Reynolds, Fedora & Hooton. COMMISSIONERS ABSENT: Commissioners White & Nichols. CITY COUNCIL MEMBERS PRESENT: None. DEVELOPMENT SERVICES STAFF PRESENT: Staff Planners Hitchcock & Reeves, Development Manager George, Planning & Development Services Director Dunn, Graduate Civil Engineers Thompson & Cotter, Senior Assistant City Engineer Gibbs, Transportation Planner Fogle, Planning Intern Brown, Senior Planner Fletcher and Staff Assistant Grace. OTHER CITY STAFF PRESENT:First Assistant City Attorney Nemcik. 1. Discussion of consent and regular agenda items. Commissioner Davis moved Consent Agenda Item 2.1 to the regular agenda for further discussions. Commissioner Fedora moved Consent Agenda Item 2.2 to the regular agenda for further d iscussions. 2. Discussion of minor and amending plats approved by Staff. 04 -240 Agency Records Control Subdivision Graduate Civil Engineer Cotter gave the Commission on overview of the plat. 3. Discussion of Neighborhood Connectivity Survey Results. Transportation Planner Fogle provided the Commission the results of the survey. Chairman Shafer asked for a longer meeting to discuss at length. P &Z Workshop Minutes November 18, 2004 Page 1 of 2 4. Discussion, consideration, and possible action of Planning & Zoning Bylaws. Senior Planner Fletcher discussed other cities bylaws. Commissioner Davis suggested a handbook for newly appointed Commissioners. Chairman Shafer concurred. Planning and Development Services Director suggested staff doing a draft of bylaws, then bring back to the Commission to get the process started. Commissioner Davis added that there should be a requirement for continuing education. First Assistant City Attorney Nemcik suggested that they look at other City Boards & Commissions Rules and Procedures. 5. Discussion and possible action on future agenda items — A Planning and 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. Commissioner asked to have some discussion in the future on commercial developments having to do Greenways Dedication. 6. Adjourn. Commissioner Reynolds motioned to adjourn the meeting. His motion was seconded by Commissioner Fedora and carried by a vote of 5 -0. FOR: Reynolds, Fedora, Shafer, Davis and Hooton. AGAINST: None. ABSENT: White & Nichols. Approved: Scott Shafer, Chairman Planning and Zoning Commission Attest: Deborah Grace, Staff Assistant Development Services P &Z Workshop Minutes November 18, 2004 Page 2 of 2 MINUTES Regular Meeting Planning and Zoning Commission Thursday, November 18, 2004, at 6:30 p.m. Council Chambers, College Station City Hall 1101 Texas Avenue 4# 11144 College Station, Texas CITY OF COLLEGE STATION Planning er Development Services COMMISSIONERS PRESENT: Chairman Shafer, Commissioners Reynolds, Fedora, Hooton & Davis. COMMISSIONERS ABSENT: Commissioners White & Nichols. CITY COUNCIL MEMBERS PRESENT: None. DEVELOPMENT SERVICES STAFF PRESENT: Staff Planners Hitchcock & Reeves, Development Manager George, Planning & Development Services Director Dunn, Graduate Civil Engineers Thompson & Cotter, Senior Assistant City Engineer Gibbs, Transportation Planner Fogle, Planning Intern Brown, Senior Planner Fletcher and Staff Assistant Grace. OTHER CITY STAFF PRESENT: First Assistant City Attorney Nemcik. 1. Hear Visitors No visitor spoke. 2. Consent Agenda 2.1 Consideration, discussion and possible action on a revised Preliminary Plat for Horse Haven Estates Phase II, consisting of 63 lots on 14.58 acres, generally located at Earl Rudder Freeway and Horse Haven Lane (04 -234) Commissioner Davis asked to move this item to the regular agenda for further discussions. 2.2 Consideration, discussion, and possible action on a Final Plat — Residential for the Terrance Pines Subdivision consisting of one lot on 8.986 acres located on the eastern corner of the intersection of Dartmouth and Krenek Tap. (04 -244) Commissioner Fedora asked to move this item to the regular agenda for further discussions. P82 Minutes Regular Agenda November 18 -04 Page 1 of 5 Regular Agenda 3. Consideration, discussion and possible action on request(s) for absence from meetings. Bill Davis (Request for the November 4, 2004 Meeting) Ben White John Nichols Commissioner Davis abstained from voting on his absence. Commissioner Reynolds made the motion to approve Commissioner Davis's absence request. Commissioner Fedora seconded the motion, which passed (4 -0). FOR: Reynolds, Fedora, Hooton & Chairman Shafer AGAINST: None ABSTAINING: Davis ABSENT: White & Nichols Commissioner Davis made the motion to approve Commissioner White & Nichols absence requests. Commissioner Fedora seconded the motion, which passed (5 -0) FOR: Davis, Fedora, Reynolds, Hooton and Chairman Shafer AGAINST: None ABSENT: White & Nichols 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. Consideration, discussion and possible action on a revised Preliminary Plat for Horse Haven Estates Phase II, consisting of 63 Lots on 14.58 acres, generally located at Earl Rudder Freeway and Horse Haven Lane (04 -234) Graduate Civil Engineer Thompson gave the Commission a brief overview of the Preliminary Plat. Mr. Thompson stated that staff is recommending approval with the condition that all Staff Review Comments No. 3 are addressed, the Preliminary Plat revised accordingly. Mr. Thompson added that the cul -de -sac is being revised and will become a through street, making lots 3, 4, 14 & 15 larger lots. Commissioner Davis made the motion to approve the Preliminary Plat with staff comments. Commissioner Hooton seconded the motion, which passed (5 -0). FOR: Davis, Hooton, Reynolds, Fedora & Chairman Shafer AGAINST: None ABSENT: White & Nichols P &Z Minutes Regular Agenda November 18 -04 Page 2 of 5 Consideration, discussion, and possible action on a Final Plat — Residential for the Terrance Pines Subdivision consisting of one lot on 8.986 acres located on the eastern corner of the intersection of Dartmouth and Krenek Tap. (04 -244) Staff Planner Molly Hitchcock gave the Commissioners a brief overview of the Final Plat and stated that it meets all minimum requirements, and therefore, staff is recommending approval with the condition that the plat be revised to remove all building lines. Commissioner Davis made the motion to approve the Final Plat with staff review comments incorporated. Commissioner Fedora seconded the motion, which passed (5 -0) FOR: Davis, Fedora, Reynolds, Hooton and Chairman Shafer AGAINST: None ABSENT: White and Nichols 5. Public hearing, discussion, and possible action on a Rezoning for Lot 2, Block A and Lots 1 & 2, Block B of the Haney- Highway 6 Subdivision consisting of 5.69 acres generally located near the Northeast corner of Texas Avenue at Deacon to amend the current PDD Planned Development District to include Vehicle Rental as a permitted use. (04 -248) Staff Planner Reeves presented the staff report and stated that a PDD zoning was requested on this property to allow the construction of mini - storage development that is now in its second phase. Staff recommended the approval of the original PDD because the purpose was to restore an agreement between the owners of the subject property and the adjacent Mile Drive neighborhood. The resulting PDD has a combination of uses from the original agreement and uses in the current C -3 zoning district in the UDO. The property owners now see a need to provide truck rental on their property. This use was permitted in the original agreement between the landowners and the Mile Drive residents. Staff feels that is should be permitted on a limited basis and is therefore recommending that it be permitted as accessory to the principle use on the property. Commissioner Davis asked for clarification to "limited use ". Ms. Reeves stated that if the Commission approved the use, the landowner would have to turn in a concept plan that would go before the Design Review Board. The Board can then limit the size, the trucks, how it is going to be screened and where the vehicles are going to be located on the site. Commissioner Davis asked as an accessory use, what percent of the business is going to be vehicle rental. Ms. Reeves replied that if the Commission approves it as an accessory use, the Design Review Board could limit the size or area. Ms. Reeves asked for legal clarification. Ms. Nemcik replied that the size of the accessory use is in relation to the site and primary use. Therefore, you could not have an accessory use where the building was larger than the primary use. Ms. Nemcik offered for clarification that if the primary use goes away, so does the accessory use. P &Z Minutes Regular Agenda November 18 -04 Page 3 of 5 Commissioner Hooton asked if the Design Review Board had the authority to limit the number of vehicles. Ms. Nemcik replied that she did not have the rules and procedures for the Design Review Board and could not answer that question. The topic of accessory use consumed much of the time allowed for discussion. Commissioner Reynolds asked for clarification to the original agreement between the Mile Drive residents and the landowners. Ms. Reeves stated that in the adoption of the UDO, truck rental use was dropped out of C -3. Discussion ensued concerning the greenbelt reserve. Chairman Shafer asked when this was renegotiated, was a buffer a part of that approval. Ms. Reeves replied yes. Chairman Hill opened the public hearing. The following residence spoke in opposition to the rezoning: • Daryl Davis, 115 Mile Drive • Jim Morris, 102 Mile Drive • Matt Willis, 104 Mile Drive • David Borsak, 108 Mile Drive Ruthie Gray, 3122 Texas Avenue, spoke with concerns about the proposed changes to the highway and to the environment. Chairman Shafer closed the public hearing. Discussions continued concerning the zoning and use of the property. Commissioner Davis made the motion to deny the rezoning. Commissioner Reynolds seconded the motion. Commissioner Davis stated that he does understand the intent of the applicant to provide a service for the people using the storage units; he just does not see any way of controlling it. Commissioner Davis ended by saying that a vehicle rental place fits into a much more intense zoning requirement. Chairman Shafer stated he is not willing to approve the rezoning. Chairman Shafer called the question. The Commission voted (5 -0) for denial. FOR: Davis, Reynolds, Hooton, Fedora, & Chairman Shafer AGAINST: None ABSENT: White & Nichols P &Z Minutes Regular Agenda November 18 -04 Page 4 of 5 6. Discussion and possible action on future agenda items — A Planning and 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. No items were discussed. 7. Adjourn. Commissioner Davis made the motion to adjourn. Commissioner Hooton seconded the motion, which passed (5 -0). FOR: Davis, Hooton, Fedora, Reynolds & Chairman Shafer AGAINST: None ABSENT: White & Nichols Approved: Scott Shafer, Chairman Planning and Zoning Commission Attest: Deborah Grace, Staff Assistant Development Services P &Z Minutes Regular Agenda November 18 -04 Page 5 of 5 MINUTES Workshop Meeting Planning and Zoning Commission Thursday, December 2, 2004, at 6:30 p.m. Training Room, College Station City Hall 1101 Texas Avenue 4,444 College Station, Texas CITY OF COLLEGE STATION Planning & Development Services COMMISSIONERS PRESENT: Chairman Shafer, Commissioners White, Hooton, Fedora & Nichols. COMMISSIONERS ABSENT: Commissioners Davis & Reynolds. CITY COUNCIL MEMBERS PRESENT: None. DEVELOPMENT SERVICES STAFF PRESENT: Senior Planner Fletcher, Staff Planners Prochazka, Reeves, Hitchcock & Boyer, Building Official Simms, Graduate Civil Engineers Cotter & Gibbs and Staff Assistant Grace. OTHER CITY STAFF PRESENT:Assistant City Attorney Robinson. 1. Discussion of consent and regular agenda items. Chairman Shafer asked for clarification on the boundaries of the Putz -Meyer rezoning. Staff Planner Prochazka explained the zoning borders. 2. Discussion and possible action regarding Planning and Zoning Commission Plan of Work. Senior Planner Fletcher told the Commission that he was working on the Bylaws. He handed to the Commissioners a copy of the FY 2004 -2005 Strategic Plan for the City of College Station. He added that he felt both the Bylaws and Strategic Plan my help the Commissioners in identifying goals. Mr. Fletcher also handed the Commissioners a copy of the City of Bryan Planning & Zoning Commissions Plan of Work. The Commissioners discussed at length and came up with the following preliminary list & draft for future consideration. P&Z Minutes December 2, 2004 Workshop Page 1 of 3 Ordinance/ Staff initiated • Subdivision Regulations (P &Z member be involved with process) • UDO update quarterly • Hike and Bike Trails Plan Revision • Greenways Plan Revision • Parks and Recreation Plan Revision Exploratory/ Board Initiated • Develop Tree Ordinance • Financing — Public Financing in advance of development • Develop Fencing Standards • Drainage — "Zero Rise Rule" • Create and Approve "Rules of Procedure or Bylaws • Revise Citizen Survey for Planning guidance Learning / Information • Cluster Development • Development 101 Workshop • Fire Flow Overview • Transportation Plan — College Station and County interface • HOA City interface — Update Communication / Engagement • Meeting with City Council — Guidance and Review • Joint meeting with City of Bryan Planning & Zoning • Joint meeting with Brazos County Planning Offices 3. Discussion and possible action on future agenda items — A Planning and Zoning Member or Parks and Recreation Advisory Board 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. No items were discussed. 4. Adjourn. The meeting was adjourned. P &Z Minutes December 2, 2004 Workshop Page 2 of 3 Approved: Scott Shafer, Chairman Planning and Zoning Commission Attest: Deborah Grace, Staff Assistant Development Services P &Z Minutes December 2, 2004 Workshop Page 3 of 3 MINUTES Regular Meeting Planning and Zoning Commission Thursday, December 2, 2004, at 7:00 p.m. Council Chambers, College Station City Hall 1101 Texas Avenue (*. fftal4 College Station, Texas CITY OF COLLEGE STATION Planning er Development Services COMMISSIONERS PRESENT: Chairman Shafer, Commissioners White, Hooton, Fedora, & Nichols. COMMISSIONERS ABSENT: Commissioner Davis & Reynolds. CITY COUNCIL MEMBERS PRESENT: None. DEVELOPMENT SERVICES STAFF PRESENT: Senior Planner Fletcher, Staff Planners Prochazka, Reeves, Hitchcock & Boyer, Building Official Simms, Graduate Civil Engineers Cotter & Gibbs and Staff Assistant Grace. OTHER CITY STAFF PRESENT: Assistant City Attorney Robinson. 1. Hear Visitors No visitor spoke. 2. Consent Agenda 2.1 Consideration, discussion and possible action on meeting minutes: • Workshop minutes October 28, 2004 • Regular minutes October 28, 2004 • Workshop minutes November 4, 2004 • Regular minutes November 4, 2004 2.2 Consideration, discussion and possible action on a Final Plat for the Williams Creek Phase 2, consisting of 36 lots, on 57 acres generally located at Greens Prairie Road and Rock Prairie Road East. (04 -262) Commissioner White made the motion to approve both items on the consent agenda. Commissioner Nichols seconded the motion, which passed (5 -0). FOR: White, Nichols, Fedora, Hooton & Chairman Shafer AGAINST: None ABSENT: Commissioners Davis Reynolds. P &Z Minutes Regular Agenda 10 -28 -04 Page 1 of 4 Regular Agenda 3. Consideration, discussion and possible action on request(s) for absence from meetings. Bill Davis Ken Reynolds Commissioner Nichols made the motion to approve the absences. Commissioner White seconded the motion, which passed (5 -0). FOR: Nichols, White, Fedora, Hooton & Chairman Shafer AGAINST: None ABSENT: Commissioners Davis & Reynolds 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. There were no items removed. 5. Consideration, discussion, and possible action on Preliminary Plat for the Meadowcreek Subdivision, consisting of 338 lots, on 74.742 acres in the City's Extra Territorial Jurisdiction (ETJ). The subject property is generally located on the south side of Koppe Bridge Road just west of the Wellborn Community. (04 -249) Staff Planner Reeves presented the staff report and stated that staff recommends conditional approval, with staff review comments from Brazos County (temporary turnarounds will be required at the end of streets projecting into the next phase). The owner plans to subdivide the 74.742 acres into 338 lots. Commissioner White asked for clarification to the Brazos County comment on the temporary turnarounds. Ms. Reeves stated that the city would typically require a temporary turnaround if the road extension is more than one lot depth deep. Since that does not do that on the plat, the City did not require it, but the County is. Commissioner White made the motion to approve the Preliminary Plat. Commissioner Fedora seconded the motion. Chairman Shafer stated his concern in general is the way green space is designed in Subdivisions. It would be much to the advantage to the Subdivision, and the residents who live there, to have the open spaces where homes face on to them so they could take advantage of the visual amenity. The Commission voted (5 -0) to approve the Preliminary Plat FOR: White, Fedora, Hooton, Nichols & Chairman Shafer AGAINST: None ABSENT: Commissioners Davis & Reynolds P &Z Minutes Regular Agenda 10 -28 -04 Page 2 of 4 6. Public hearing, consideration, discussion, and possible action on rezoning consisting of two (2) lots on 14.57 acres generally located in the 3800 Block of F &B Road from a combination of R -1 Single- Family Residential, C -1, General Commercial, and A- O, Agricultural Open to C -1, General Commercial. (04 -252) Senior Planner Fletcher presented the staff report and stated that it is a joint request from two property owners. The applicants are requesting both parcels to be rezoned C -1, General Commercial in compliance with the Comprehensive Plan. Both property owners are under contract to sell the property. The developer wishes to establish a mini - storage warehouse facility in two phases on both parcels. Neither parcel is platted at this time. Mr. Fletcher ended by saying staff recommends approval of the rezoning. The Commission discussed the development activity in the vicinity. In general, the Aggie Field of Honor. Chairman Shafer opened the public hearing. Jim Jett, 5004 Congressional Court, College Station, stepped before the Commission to speak in favor of the rezoning request. Chairman Shafer closed the public hearing. Commissioner Nichols made the motion to approve the rezoning as requested Commissioner Hooton seconded the motion, which passed (5 -0). FOR: Nichols, Hooton, Fedora, White & Chairman Shafer AGAINST: None ABSENT: Commissioners Davis & Reynolds 7. Public hearing, consideration, discussion, and possible action on rezoning for the Putz -Meyer property, consisting of .87 acres, located at 800 University Drive, generally located near the southeast corner of Tarrow Street East and University Drive, from R -1, Single - Family Residential to C -1, General Commercial. (04 -258) Staff Planner Prochazka presented the staff report and stated that applicant is requesting rezoning on just less than 1 acre. The rezoning will essentially adjust the current zoning line to conform to the lot lines that were recently proposed on the Preliminary Plat of the entire property. Ms. Prochazka ended by saying that staff is recommending approval of the rezoning. Chairman Shafer opened the public hearing. No one spoke. Chairman Shafer closed the public hearing P&Z Minutes Regular Agenda 10 -28 -04 Page 3 of 4 Commissioner White made the motion to approve the rezoning as recommended by staff Commissioner Fedora seconded the motion, which passed (5-0) FOR: White, Fedora, Hooton, Nichols & Chairman Shafer AGAINST: None ABSENT: Commissioners Davis & Reynolds 8. Discussion and possible action on future agenda items — A Planning and 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. No items were discussed. 9. Adjourn. Commissioner Hooton made the motion to adjourn. Commissioner Fedora seconded the motion, which passed (5-0). FOR: Fedora, Hooton, White, Nichols & Chairman Shafer AGAINST: None ABSENT: Commissioner Davis & Reynolds. Approved: Scott Shafer, Chairman Planning and Zoning Commission Attest: Deborah Grace, Staff Assistant Development Services P&Z Minutes Regular Agenda 10 -28 -04 Page 4 of 4 Consent Agenda 3 Absent Requests Deborah Grace - Dec. 16 Page 1 From: <Mjhooton @aol.com> To: <dgrace @cstx.gov> Date: 11/19/2004 12:12:31 PM Subject: Dec. 16 Deborah, Dec. 16 I will be out of town and unable to attend P & Z. My sister is having surgery; she is a widow so I am taking care of her for a few days. Thanks, Marilyn Consent Agenda 5 Public Hearing Pebble Creek Rezoning STAFF REPORT Project Manager: Trey Fletcher, AICP, Sr. Planner Date of Report: 12 -3 -04 Email: tletcher@cstx.gov Item: Public hearing, presentation, discussion, and possible action on a Rezoning application by the Pebble Creek Development Co. consisting of a 44.15 -acre tract generally located at the southeast corner of State Highway 6 and Greens Prairie Road from C -1, General Commercial, A -P, Administrative Professional and M -1, Light Industrial to C -1, General Commercial. Applicant: Davis Young, Pebble Creek Development Co. Staff Recommendations: Staff recommends approval of the rezoning. Item Summary: The applicant is requesting the zoning change to bring the entire parcel into compliance with the Comprehensive Plan, in support of future development of the parcel. Pebble Creek Elementary School and a single - family residential area are to the east of this parcel, but are separated by Lakeway Drive. A traffic calming study is underway to improve congestion and circulation in the vicinity of the school during peak hours. The existing configuration of the A -P and M -1 districts is a remnant of earlier development scenarios of the area and is awkwardly shaped. Access to and from the site should be minimized along Lakeway Drive in compliance with access requirements of the UDO. Comprehensive Plan Considerations: C -1, General Commercial is in compliance with the Land Use element of the Comprehensive Plan, which reflects Regional Retail for the entire tract. The parcel is bound by streets on all sides, and is located at a major intersection. Each of the surrounding streets is classified on the City's Thoroughfare Plan, as follows: • SH 6 — Freeway • TxDOT is proposing to construct numerous modifications to the freeway and the associated frontage road that are anticipated to start in Spring, 2005. The frontage road adjacent to the parcel currently accommodates two -way traffic and will be converted to north bound only. The exit ramp in front of the parcel will be relocated further south and replaced with a north bound entry ramp. Turnarounds will be constructed at the Greens Prairie Road / SH 6 intersection. P: I GROUPIHTLTRIPZLTRIPROD1PZ20041P0010428. DOC Created on 11/16/2004 1:16 PM • Greens Prairie Road — Major Arterial • The City is in the process of improving this corridor to 4 lanes with a raised median /controlled access. • Lakeway Drive — Major Collector • While no changes are planned for this corridor, the City's Public Works department has initiated a traffic calming study in the vicinity of Pebble Creek Elementary School focusing on Parkview Drive which terminates into the subject parcel. • Venture Drive — Major Collector • No changes planned, built to City standard. TxDOT is also constructing SH 40 from SH 6 /Greens Prairie Road intersection west to FM 2154 (Wellborn Road). This new facility should enhance access to and from this area. Recent amendments to the City's Thoroughfare Plan affecting Spearman Drive and an unnamed Minor Collector should significantly reduce traffic volumes in this area upon the construction of these streets. Property located to the south is owned by the City of College Station, and is part of the College Station Business Park. It is zoned M -1, Light Industrial in compliance with the Land Use Plan. Item Background: • Annexed: A portion of the parcel was annexed in 1983 (Ord. 1460), and the remainder was annexed in 1987 (Ord. 1691). • Rezoned: 1984 to present configuration • Platted: This parcel has not been platted. • Recent actions: The Land Use Plan for this parcel was amended in November, 2004 from a combination of Regional Retail and Office to Regional Retail. • Development activity in the vicinity: A major regional retail development was announced recently for the northeast corner of Greens Prairie Road and State Highway 6. Related Advisory Board Recommendations: Not applicable. Commission Action Options: The Commission acts as a recommending body on the question of rezoning, which will be ultimately decided by City Council. The Commission's options are: 1. Recommend approval of rezoning as submitted; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specified date. Supporting Materials: 1. Location Map P: IGROUPIHTLTRIPZLTRIPRODIPZ20041P0010428. DOC Created on 11/16/2004 1:16 PM 2. Application 3. Infrastructure and Facilities P: IGROUPIHTLTRIPZLTRIPRODIPZ20041P0010428. DOC Created on 11/16/2004 1:16 PM INFRASTRUCTURE AND FACILITIES Water: City water lines are available to this parcel. There are 18" water lines along Greens Prairie Road and Lakeway Drive, a 12" water line along Venture Drive, and a 6" water line penetrates the site from Lakeway Drive. Sewer: Sanitary sewer is available to the parcel via an 8" line along Greens Prairie Road, as well as an 8" line along Lakeway Drive near Venture Drive. Adequate capacity is available. Streets: Parcel is bound by streets on all sides; including Greens Prairie Road on the north, Lakeway Drive on the east, Venture on the south, and the SH 6 Frontage Road. Off -site Easements: None are known to be necessary at this time. Flood Plain: Parcel sustains a Flood Zone X designation. Oversize request: None requested at this time. Impact Fees: None. NOTIFICATION: Legal Notice Publication(s): The Eagle; 11 -30 -2004 and 12 -28 -2004 Advertised Commission Hearing Dates(s): 12 -16 -2004 Advertised Council Hearing Dates: 1 -13 -2005 Number of Notices Mailed to Property Owners within 200': 30 Response Received: None, as of date of staff report. P: IGROUPWTLTRIPZLTRIPRODIPZ20041P0010428. DOC Created on 11/16/2004 1:16 PM z 0 * g a Q 3i . v' �a N `? �w a ,i 111 ** P.� w� �fs�� 4# s��� z o 0114A, 00 (4.00$ ems. 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Ehtwoo4tts;),\ ......_..„___,_______,„ ipos-vw-#0,, _._.____„.________,_,/ ..a. �,dt*a 9 At s *NI, 6 . �# --- - , d Fiat 1- Ma r4 oe- e-o v�c a cu I A� : _ ��;� m: FOR 0 F E USEICLY CASE NO. DATE SUBMITTED 111011110 COLLEGE STATION 301 ZONING MAP AMENDMENT (REZONING) APPLICATION MINIMUM SUBMITTAL REQUIREMENTS If a petition for rezoning is denied by the City Council, another application for rezoning shall not be filed within a period of 180 days from the date of denial, except with permission of the Planning & Zoning Commission or City Council. The following items must be submitted by an established filing deadline date for consideration: X Application completed in full. X $500.00 application fee X Two (2) copies of a fully dimensioned map on 24" x 36" paper showing: a. Land affected; b. Legal description of area of proposed change; c. Present zoning; d. Zoning classification of all abutting land; and e. All public and private rights -of -way and easements bounding and intersecting subject land. X Written legal description of subject property (metes & bounds or lot & block of subdivision, whichever is applicable). X The Rezoning Supporting Information sheet completed in full. A CAD (dxf /dwg) or GIS (shp) digital file may be required for more complex rezoning requests. Date of Required Preapplication Conference: June 28, 2004 APPLICANT /PROPERTY OWNER'S INFORMATION: Name: Pebble Creek Development Co. — Davis Young eet Address: 4500 Pebble Creek Parkway City: College Station State: Texas Zip Code: 77845 -8942 E -mail: Davis Y(&..pebblecreek.orq Phone Number: 979 - 690 -0996 Fax Number: PLANNER'S INFORMATION: Name Jessica Guidry Jimmerson — Planning and Land Use Solutions Street Address 3211 Westwood Main City Bryan State TX Zip Code 77807 E -Mail Address ik plusplanninq.com (Please email staff comments, etc.) Phone Number 224 -4340 Fax Number This property was conveyed to owner by deed, dated 11/01/02 and recorded in Volume 1671 Page 276 of the Brazos County Deed Records. General Location of Property: Southeast corner of the intersection of HWY 6 and GreensPrairie Rd. Address of Property: none Legal Description: A020201 S W ROBERTSON (ICL), Tract 14.11, Acres 289.57, Future Phases of Pebble Creek Total Acreage approx. 45 acres existing Zoning: C -1, A -P, M -1 Requested Zoning: C -1 asent Use of Property: Vacant Proposed Use of Property: Commercial 6/13/03 Page 1 of 2 REZONING SUPPORTING INFORMATION 1 ) List the changed or changing conditions in the area or in the City which make this zone change necessary. This should be considered a clean -up zoning. The portion of the property zoned A -P is a remnant of the 1984 zoning of the property, and the M -1 portion is an undevelopable strip, which was zoned with the City's Business Park to the south. Development pressure is mounting in the area. 2.) Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. This zoning change is in compliance with the Comprehensive Plan. 3.) List any other reasons to support this zone change. The applicant has prepared this application and supporting information and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, APPLICATION MUST BE ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER. / if_ -D Li Sign.ture V e er (or agent) or applicant Date 6/13/03 Page 2 of 2 Consent Agenda 6 Public Hearing Pebble Creek Rezoning STAFF REPORT Project Manager: Trey Fletcher, AICP, Sr. Planner Date of Report: 12 -6 -04 Email: tletcher@cstx.gov Item: Public hearing, presentation, discussion, and possible action on a Rezoning application by the Pebble Creek Development Co. for a 13.1 acre -tract generally located at the southwest corner of Pebble Creek Parkway and Royal Adelade Drive from A -O, Agricultural -Open to PDD, Planned Development District. Applicant: Davis Young, Pebble Creek Development Co. Requested PDD Uses: Single- family Residential Staff Recommendations: Staff recommends approval of the rezoning. Item Summary: The applicant is requesting the zoning change to PDD, Planned Development District in order to develop a garden style single - family residential development with common areas in a manner that, according to the application, "is sensitive to surrounding land uses and to the natural environment." While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. This PDD would not: 1. Guarantee specific site or building characteristics within a development; 2. Apply additional development standards to a single site; 3. Vary from certain development standards unless community benefits outweigh the requested modifications; or 4. Combine commercial and residential land uses. A P -MUD shall be used for mixed -use developments. A preliminary concept plan has been submitted in conjunction with this rezoning request and comments were returned to the applicant. Comprehensive Plan Considerations: This zoning change request is in compliance with the Comprehensive Plan, such that the Land Use Plan element shows this area for Medium Density, Single- family Residential development. Royal Adelade is a local street, but Pebble Creek Parkway is shown on the City's Thoroughfare Plan as a Major Collector. Pebble Creek Parkway currently terminates at Royal Adelade Drive, and will be extended through the Pebble Creek development in this area. P:I GROUPWTLTR IPZLTRIPRODIPZ2004IP0010446. DOC Created on 11/22/2004 12:04 PM Item Background: • Annexed: A small portion of the parcel was annexed in 1983, the remainder in 1994. • Rezoned: This tract has been zoned A -O since it was annexed. • Platted: This tract has not been platted. • Recent actions: None specific to this tract. • Development activity in the vicinity: The newest phases of the Pebble Creek development are being constructed and planned at this time to the east and south of this tract. These phases consist of single - family residential detached and zoned R -1. Related Advisory Board Recommendations: This item will require review by two advisory boards, the Parks Board and the Design Review Board. Commission Action Options: The Commission acts as a recommending body on the question of rezoning, which will be ultimately decided by City Council. The Commission's options are: 1. Recommend approval of the rezoning as submitted; 2. Recommend denial; 3. Table indefinitely; or, 4. Defer action to a specific date. SUPPORTING MATERIALS: 1. Location Mau 2. Application 3. Infrastructure and facilities PA GROUPIHTLTRIPZLTRIPRODIPZ20041P0010446. DOC Created on 11/22/2004 12 :04 PM INFRASTRUCTURE AND FACILITIES Water: An 8" water line is located adjacent to this parcel along Royal Adelade Drive. Sewer: Sanitary sewer is available in this area, but lines will need to be extended to service this parcel. Streets: Access to the parcel is by Royal Adelade Drive, which is not classified on the Thoroughfare Plan. A future section of Pebble Creek Parkway is adjacent to the eastern property line and is a Major Collector on the Plan. Off -site Easements: None are known to be necessary at this time. Flood Plain: Parcel sustains a Flood Zone X designation. Oversize request: None requested at this time. Impact Fees: None. NOTIFICATION: Legal Notice Publication(s): The Eagle; 11 -30 -2004 and 12 -28 -2004 Advertised Commission Hearing Dates(s): 12 -16 -2004 Advertised Council Hearing Dates: 1 -13 -2005 Number of Notices Mailed to Property Owners within 200': 30 Response Received: Staff has received two general inquiry calls regarding this rezoning as of the date of this report. P: IGROUPIHTLTRIPZLTRIPRODIPZ20041P0010446. DOC Created on 11/22/2004 12:04 PM s, ��: I I�llll VIII , , �� ..o. 0, _30 s C --• . ' t 7 / 44:101*, 6 iii ,,.., i A / .a. 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".-**4 q 4 -L- esS0,,er Di ��������������� ►� 40.10 40 - =-` P' tv S� �� """titiv 1 ---------_----7-1:----_21:-.-- * i A C D •` ' 4 `, ���;�� .gyp , � @ � 5 1 G■ • 431 + Is 0 11110 N \ \,/ „/ i v It o . ,,t-iii 440:4yAs, 0 p, *A 7 0 z z _ ((J FO ' • F I USE ONLY o CASE NO. CE „ F � DATE SUBMITTED - -D ZONING MAP AMENDMENT (REZONING) FOR PDD / P -MUD ❑ OLS PDD ❑ P -MUD MINIMUM SUBMITTAL REQUIREMENTS If a petition for rezoning is denied by the City Council, another application for rezoning shall not be filed within a period of 180 days from the date of denial, except with permission of the Planning & Zoning Commission or City Council. The following items must be submitted by an established filing deadline date for consideration: X Application completed in full. X $500.00 application fee. X Two (2) copies of a fully dimensioned map on 24” x 36" paper showing: a. Land affected; b. Legal description of area of proposed change; c. Present zoning; d. Zoning classification of all abutting land; and e. All public and private rights -of -way and easements bounding and intersecting subject land. X Written legal description of subject property (metes & bounds or lot & block of subdivision, whichever is applicable). X The attached Rezoning Supporting Information sheet completed in full. Date of Required Preapplication Conference: June 28 2004 APPLICANT /PROPERTY OWNER'S INFORMATION: .ame: Pebble Creek Development Co. — Davis Young Street Address: 4500 Pebble Creek Parkway City: College Station State: Texas Zip Code: 77845 -8942 E - mail: Davis Y(a.pebblecreek.org Phone Number: 979 - 690 -0996 Fax Number: PLANNER'S INFORMATION: Name Jessica Jimmerson — Planning and Land Use Solutions Street Address 3211 Westwood Main City Bryan State TX Zip Code 77807 E -Mail Address iiaplusplanning.com (Please email staff comments, etc.) Phone Number 224 -4340 Fax Number This property was conveyed to owner by deed, dated 11/01/02 and recorded in Volume 1671 Page 276 of the Brazos County Deed Records. General Location of Property: S.W. corner of Pebble Creek Parkway and Royal Adelade Dr. Address of Property: none Legal Description: A020201 S W ROBERTSON (ICL), Tract 14.11, Acres 289.57, Future Phases of Pebble Creek — West of Pebble Creek Parkway Total Acreage: 13.1 Acres out of the above tract Existing Zoning: A -O Requested Zoning: PDD 'resent Use of Property: Vacant Proposed Use of Property: Residential 6/13/03 Page 1 of 2 REZONING SUPPORTING INFORMATION 1.) List the changed or changing conditions in the area or in the City which make this zone change necessary. Development pressure is mounting in the area. 2.) Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. This request is in compliance with the Comprehensive Plan. 3.) List any other reasons to support this zone change. Please also provide the following information for PDD rezonings: Statement of purpose and intent of the proposed development: The goal of this Planned Development District is to provide an additional single family housing option that is sensitive to surrounding land uses and to the natural environment. A list of proposed land uses: garden style single family residential and common areas The applicant has prepared this application and supporting information and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, APPLICATION MUST BE ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER. Signature of . - . r applicant Date 6/13/03 Page 2 of 2