HomeMy WebLinkAbout03/04/2021 - Minutes - Planning & Zoning CommissionMarch 4, 2021 P&Z Meeting Minutes Page 1 of 7
MINUTES PLANNING & ZONING COMMISSION
March 4, 2021 6:00 p.m. Phone: *888 475 4499 and Webinar ID: 923 1197 8424 Internet: https://zoom.us/s/92311978424
COMMISSIONERS PRESENT: Dennis Christiansen, Joe Guerra, Jeremy Osborne, Bobby Mirza, William Wright, and Jason Cornelius
COMMISSIONERS ABSENT: Bill Mather COUNCIL MEMBERS PRESENT: Linda Harvell, Elizabeth Cunha, and John Nichols CITY STAFF PRESENT: Michael Ostrowski, Molly Hitchcock, Carol Cotter, Alyssa Halle-Schramm, Rachel Lazo, Anthony Armstrong, Erika, Bridges, Debbie Stickles, Jesse DiMeolo, Jason Schubert, Leslie Whitten, Brian Binford, Brandi Tedrick, Jennifer Prochazka, Debbie Eller and Kristen Hejny 1. Call Meeting to Order, Pledge of Allegiance, Consider Absence Request.
Chairman Christiansen called the meeting to order at 6:00 p.m.
2. Hear Visitors
No visitors spoke.
3. Informational Agenda
3.1 Discussion of new development applications submitted to the City
New Development Link: www.cstx.gov/newdev
There was no discussion.
3.2 Discussion of Minor / Amending Plats approved by Staff.
• Venable Place, Block 1, Lot 1 ~ Case #FP2020-000040 (Pedersen)
• Aggieland Business Park, Phase 1, Block 1, Lots 1B-2R & 2R-2 ~ Case #FPCO2020-000019 (Armstrong)
There was no discussion.
3.3 Presentation and discussion of public input gathered on the proposed Restricted Occupancy Overlay ordinance. (Note: Discussion of this item is scheduled for the March 11, 2021 City Council
Meeting – subject to change.) Long Range Planning Administrator Halle-Schramm presented this item to the Commission requesting general feedback. Commissioner Cornelius recommended a higher percentage of votes than 58% +.
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Commissioner Guerra asked for graphs or charts representing the voting data from the public input meetings.
Long Range Planning Administrator Halle-Schramm stated that graphs and charts were not created as staff would rather communicate trends from public input as the specific numbers may not be representative of the community. Commissioner Guerra asked if there were any duplicate votes in the polling data from the public input meetings. Long Range Planning Administrator Halle-Schramm stated that the system only allows one vote per I.P. address within the online polling.
Commissioner Guerra wanted clarification on the three focus group meetings and an online poll, that citizens could do both.
Commissioner Osborne asked if the City planned on doing an Economic Impact Study. Long Range Planning Administrator Halle-Schramm clarified that City Council has not directed
staff to conduct an Impact Study. Ms. Halle-Schramm also stated that there would be constraints on cost, functional target questions, and staff resources. Commissioner Wright asked for clarification on the ordinance’s applicability to the Homeowner’s Associations (HOA). Long Range Planning Administrator Halle-Schramm stated that HOAs are responsible for their own deed restrictions to which the city is not involved in, this ordinance is not an HOA deed restriction. Commissioner Wright asked if the 58%+ signatures are established, does the City Council still
have the ability to deny a petition for an overlay. Long Range Planning Administrator Halle-Schramm explained that City Council can still deny a petition as it is a rezoning request. Chairman Christiansen expressed concerns for unmarried couples as their unrelated status would
apply to the overlay. Chairman Christiansen asked for the mechanism for subdivisions organizing an overlay petition. Long Range Planning Administrator Halle-Schramm stated that staff has asked that a subdivision interested form a petition committee and recommend neighborhood meetings and minutes. Chairman Christiansen questioned enforcement, asking if someone files a complaint, will the city always solve the complaint, and if someone complains, is it likely that the city’s inspection process will resolve the issue.
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Director of Community Services Eller clarified that a complaint-based investigation would be generated, including contacting, and educating, the property management company, homeowner,
and tenants. Long Range Planning Administrator Halle-Schramm stated that a complaint triggers Code Enforcement investigation. Chairman Christiansen opened the public hearing. Fred Dupriest, College Park Subdivision, College Station, spoke in support of the overlay, citing concerns with protecting affordable housing, lack of public understanding, Code Enforcement challenges and low attended informational meetings. Jeff Leatherwood, Nantucket, College Station, spoke in opposition of the overlay, stating that
restrictions like this can be done at HOA level and deed restrictions. Mr. Leatherwood further stated that if a subdivision wanted to restrict at an HOA or deed level, they would need 100% support, as this would take rights away from neighbors.
Wes Graff, KLSG Holdings, LLC, College Station, spoke in opposition of the overlay, stating that tools are already in place in subdivisions. Mr. Graff also asked what problem this overlay
would be solving. Josh Jenkins, Springbrook Subdivision, College Station, spoke in opposition of the overlay citing concerns for property owner rights. Chairman Christiansen closed the public hearing. Commissioner Osborne expressed his concerns that this overlay is waste of city time and resources and is in opposition. Commissioner Guerra quoted the 2009 Comprehensive Plan, stating that the plan is about
protecting homeowner’s investments. Mr. Guerra further stated that the overlay is a tool neighborhoods can use if appropriate, and recommends 50% + 1. Commissioner Cornelius expressed concerns about the impact on lower income and non- traditional families. Mr. Cornelius stated that this may stop people from conversing with neighbors and puts neighbors against each other.
Chairman Christiansen emphasized that this overlay would not be a city-wide mandated law, further clarifying that an overlay would not go into effect unless a neighborhood begins the petition process.
Long Range Planning Administrator Halle-Schramm asked the Commission if they had any opinion on a legacy clause.
Chairman Christiansen is in favor of a legacy clause in the interest of investment in properties.
Commissioner Osborne stated that lease-to-lease grandfathering is a lot of time and effort and discourages redevelopment. Mr. Osborne asked that grandfathering be done to the greatest extent possible.
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Commissioner Wright is in favor of lease-to-lease grandfathering.
Commissioner Guerra is in favor of grandfathering conveying when property is sold.
3.4 Designation by the Chairperson of the Planning & Zoning Commission of a member to serve on the Design Review Board.
Chairman Christiansen designated Commissioner Osborne as the Chairman of the Design Review Board.
There was general discussion.
3.5 Presentation and discussion regarding an update on items heard:
• A Comprehensive Plan Amendment on approximately 10 acres located at 1660 Graham Road from Suburban Commercial to Urban. The Planning & Zoning Commission heard
this item on October 1, 2020 and voted (3-1) to recommend approval. The City Council heard this item on February 25, 2021 and voted (5-2) to deny the request.
There was general discussion.
3.6 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings:
• Thursday, March 11, 2021 ~ City Council Meeting ~ Virtual Meeting ~ Workshop 4:00 p.m. and Regular 6:00 p.m. (Liaison – Guerra)
• Thursday, March 18, 2021 ~ P&Z Meeting ~ Virtual Meeting ~ 6:00 p.m.
• Thursday, March 25, 2021 ~ City Council Meeting ~ Virtual Meeting ~ Workshop 4:00 p.m. and Regular 6:00 p.m. (Liaison – Cornelius)
• Thursday, April 1, 2021 ~ P&Z Meeting ~ Virtual Meeting ~ 6:00 p.m.
There was no discussion. 3.7 Discussion and review regarding the following meetings: Design Review Board, BioCorridor Board.
There was general discussion regarding the February 26, 2021 Design Review Board meeting. Consent Agenda 4.1 Consideration, discussion, and possible action to approve meeting minutes.
• January 21, 2021
4.2 Presentation, discussion, and possible action regarding a Development Plat for Peach Creek Estates on approximately six acres generally located southeast of the cul-de-sac of Stokes Circle in the
College Station Extraterritorial Jurisdiction (ETJ). Case #DVPL2020-000002 Commissioner Osborne motioned to approve Consent Agenda. Commissioner Guerra seconded the motion, motion passed (6-0).
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5. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action. No items were removed.
6. Regular Agenda
6.1 Public Hearing, presentation, discussion, and possible action regarding a Final Plat for West Park Addition Block 6, Lots 11, 12R-1 & 12R-2 being a replat of West Park Addition Block 6, Lots 11 & 12 consisting of three residential lots on approximately 0.369 acres located at 200 Grove Street, generally located Northeast of Wellborn Road. Case #FP2020-000058 Staff Planner DiMeolo presented this item to the Commission, recommending approval. Commissioner Guerra asked for clarification on driveway access into the development.
Staff Planner DiMeolo stated that there is a private access easement connecting at Grove Street providing access to the development.
Chairman Christiansen opened the public hearing. No one spoke.
Chairman Christiansen closed the public hearing. Commissioner Osborne motioned to approve the Final Plat. Commissioner Cornelius seconded the motion, motion passed (6-0). 6.2 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 boundaries from R Rural and CI Commercial Industrial to BP Business Park on approximately 10 acres of land located at 4520 Raymond Stotzer Parkway. Case
#REZ2021-000002 (Note: Final action on this item is scheduled for the March 25, 2021 City Council meeting – subject to change.)
Senior Planner Lazo presented this item to the Commission, recommending approval. Commissioner Guerra asked if there are currently any Commercial Industrial establishments in the
district. Senior Planner Lazo stated that there are currently no Commercial Industrial uses in the district. Chairman Christiansen requested clarification on access to the property. Senior Planner Lazo stated that a Preliminary Plan will determine access, but access will likely come off the access road along Raymond Stotzer Parkway.
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Commissioner Guerra asked how height restrictions would apply with the proximity to the airport.
Senior Planner Lazo clarified that the development would be subject to the Easterwood Airport Zoning ordinance at the time of site plan. Chairman Christiansen opened the public hearing. Applicant, Devin Doyen, Schultz Engineering, was available for questions. Chairman Christiansen closed the public hearing. Commissioner Guerra motioned to recommend approval of the Rezoning. Commissioner Mirza seconded the motion, motion passed (6-0).
6.3 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by
changing the zoning district boundaries from R Rural to E Estate and NAP Natural Areas Protected on approximately 57 acres of land located at 9500 Rock Prairie Road. #REZ2020-000011 (Note: Final action on this item is scheduled for the March 25, 2021 City Council meeting – subject to
change.) Senior Planner Lazo presented this item to the Commission, recommending approval with a condition related to single-family development in proximity to the existing oil well on site. Chairman Christiansen asked if the lot size and layout is consistent to adjacent properties. Senior Planner Lazo confirmed the consistency in size and layout. Chairman Christiansen requested information on drainage and flooding on property.
Senior Planner Lazo stated that at time of preliminary plan and final plat, staff will require accommodations for detention if necessary. Commissioner Guerra asked for sanitary sewer provisions on the property. Graduate Engineer I Stickles stated that the adjacent development is served by septic system and
that there is no available city provided sanitary sewer at this time. Ms. Stickles also stated that assuming the development will use septic systems, they will be required to show a plan to make services available when available from the city. Chairman Christiansen opened the public hearing. Applicant, Devin Doyen, Schultz Engineering, stated that the plan is to do one acre lots with septic sewer. Mr. Doyen also stated drainage and flooding issues and concerns will be addressed with platting. Gavin McIntyre, Southwood Valley, College Station, expressed concerns for drainage.
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Mr. Doyen stated that no studies have been done, however, water will be captured and discharged to Natural Areas Protected and not to adjacent properties.
Chairman Christiansen closed the public hearing.
Commissioner Osborne motioned to recommend approval of the Rezoning with the condition that he development of Williams Creek Reserve located on 57 acres on Rock Prairie Road will be limited by the existing McCullough-McCollough Unit 1 oil and gas well located on the property. No residential lots will be located within 300’ of the wellhead per International Fire Code requirements or within the Acceptable Separation Distance for Thermal Radiation for People (ASDPNPD) of 483 feet from the 73’’ x 20’ Heater Treater located at the wellsite. This distance was calculated using the Acceptable Separation Distance Assessment Tool provided by the U.S Department of Housing and Urban Development. Commissioner Guerra seconded the motion, motion passed (6-0).
6.4 Presentation, discussion, and possible action on a recommendation to the City Council on the
appointment of two Planning & Zoning Commissioners to the BioCorridor Board.
Chairman Christiansen asked all Commissioners to nominate two members of the Commission to
be appointed to the BioCorridor Board.
There was general discussion.
Commissioner Cornelius motioned to recommend Commissioners Osborne and Guerra as appointments to the BioCorridor Board. Commissioner Wright seconded the motion, motion passed (6-0).
7.Discussion and possible action on future agenda items – A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information orthe 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.
There was no discussion.
8. Adjourn
The meeting adjourned at 8:12 p.m.
Approved: Attest:
______________________________ ________________________________ Dennis Christiansen, Chairman Kristen Hejny, Admin Support Specialist Planning & Zoning Commission Planning & Development Services