HomeMy WebLinkAbout09/01/2022 - Minutes - Planning & Zoning CommissionSeptember 1, 2022 P&Z Meeting Minutes Page 1 of 7
MINUTES PLANNING & ZONING COMMISSION
1101 Texas Ave, College Station, TX 77840 September 1, 2022 6:00 p.m. Phone: *888 475 4499 and Webinar ID: 811 6452 3692 Internet: https://zoom.us/j/81164523692
COMMISSIONERS PRESENT: Dennis Christiansen, William Wright, Jason Cornelius, Melissa McIlhaney, Mark Smith, and Thomas Jackson COMMISSIONERS ABSENT: Bobby Mirza COUNCIL MEMBERS PRESENT: Linda Harvell CITY STAFF PRESENT: Michael Ostrowski, Molly Hitchcock, Alyssa Halle-Schramm, Erika Bridges, Jason Schubert, Lucas Harper, Bekha Wells, Parker Mathews, Matthew Ellis, Naomi Sing, Gillian Sitler,
Katherine Beaman-Jamael, Gabriel Schrum, Samantha Beckman, Leslie Whitten, Adam Falco, and Kristen Hejny
1. Call Meeting to Order, Pledge of Allegiance, Consider Absence Request.
Chairperson Christiansen called the meeting to order at 6:00 p.m.
2. Hear Visitors
No visitors spoke. 3. Consent Agenda 3.1 Consideration, discussion, and possible action to approve meeting minutes.
• August 18, 2022
3.2 Presentation, discussion, and possible action regarding a Final Plat for Mission Ranch Phase 403 on approximately 10 acres of land, located where Sherrill Court & Hardin Hills Drive meet. Case #FP2021-000026
Commissioner Cornelius motioned to approve the Consent Agenda. Commissioner Smith seconded the motion, motion passed (6-0). 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action. No items were removed.
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5. Regular Agenda
5.1 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 9.86 acres being 26 lots within North Forest Estates, Block 1 and 2, generally located along Justin Avenue. Case #REZ2022-000014 (Note: Final action of this item will be considered at the September 22, 2022 City Council Meeting – Subject to change). Long Range Planning Administrator Halle-Schramm presented the rezoning to the Commission recommending approval.
Chairperson Christiansen clarified that the Homeowner’s Association (HOA) currently has a no more than two unrelated occupants limit within their deed restrictions. Mr. Christiansen asked if
enforcement would transfer from the HOA to the City of College Station with the creation of the ROO.
Long Range Planning Administrator Halle-Schramm clarified that the occupancy will be enforced by the City of College Station, but the HOA already had deed restrictions to address the occupancy. Chairperson Christiansen asked if the ROO process is working. Long Range Planning Administrator Halle-Schramm stated that City Council recently held a discussion about the ROO process and how it may be made more neighborhood friendly. They gave direction to staff to change how the original subdivision boundaries are defined so that contiguous phases may work together on one application.
Ms. Halle-Schramm stated that this does not currently apply to the ROO. Commissioner Smith asked from a neighborhood perspective, if there is already a limitation in the
deed restrictions, why has the neighborhood opted to do a ROO. HOA Representative, Mark Hawthorne, North Forest Estates, clarified that rental properties affect
property values, and the ROO will take responsibility off of HOA members for enforcement. Commissioner Cornelius asked if the neighborhood was already having issues leading to the
creation of the ROO. Mr. Hawthorne clarified that the ROO is preemptive, to avoid issues down the road. Commissioner Jackson asked what problems the HOA are hoping to solve by creating a ROO. Mr. Hawthorne stated that there is an issue with out-of-city and out-of-state corporations buying homes to make rental properties, and the HOA does not want students living in neighborhood. Mr. Hawthorne added that they are trying to avoid additional traffic, noise, and parking issues, stating that there is easier communication with the property owner if they are the occupant.
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Commissioner Jackson asked if there were alternative means to rectifying noise complaints and parking issues.
Mr. Hawthorne stated that the deed restrictions prohibit overnight parking on the street. Long Range Planning Administrator Halle-Schramm clarified that the City of College Station does have parking regulations and a noise ordinance. Ms. Halle-Schramm also stated that the subdivision may have deed restrictions that are more restrictive than the City of College Station, and the City cannot override HOA deed restrictions. Chairperson Christiansen opened the public hearing. No visitors spoke.
Chairperson Christiansen closed the public hearing.
Commissioner McIlhaney commended the HOA for using City-provided tools to sustain and protect their neighborhood.
Commissioner McIlhaney motioned to recommend approval of the Rezoning. Commissioner Wright seconded the motion. Commissioner Jackson expressed concerns with a ROO. Mr. Jackson explained that a ROO will spread out student housing creating more problems, and the affordability of housing will decrease. Commissioner Cornelius expressed concerns with a ROO stating that most neighborhood issues can be handled with current City of College Station codes and ordinances. Mr. Cornelius also expressed concerns with putting the burden back on the City of College Station when there are current deed restrictions.
Commissioner McIlhaney asked for the percentage requirement of property owners to submit a ROO application. Long Range Planning Administrator Halle-Schramm clarified that there must be a 50% +1 consensus to apply for a ROO.
Commissioners Smith and Wright expressed support for a ROO. Chairperson Christiansen stated that a ROO will solve and alleviate problems. The motion passed (4-2) with Commissioners Jackson and Cornelius voting in opposition. Mr. Hawthorne expressed concern with the petition process and requested the City provide petition forms with legal descriptions already on the form so that a property only has to sign their name next to their property description. Commissioner Wright asked for the reasoning behind not providing the legal description.
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Long Range Planning Administrator Halle-Schramm explained that it was the recommendation from the City’s Legal Department to ensure the homeowner was writing all property/owner
information. 5.2 Presentation, discussion, and possible action on the Small Area Plan Audit. (Note: Discussion of this item is scheduled for the September 22, 2022 City Council Meeting on the regular agenda – Subject to change). Staff Planner Sing presented an update on this item to the Commission. Commissioner Smith asked for an update on how neighborhood plans are working. Staff Planner Sing explained that neighborhood plans are successful, but there are other means and
programs that have also been successful. Commissioner Smith asked if goals in the neighborhood plans have been accomplished.
Staff Planner Sing stated that most of the goals have been met.
Director of Planning & Development Services Ostrowski stated that small area plans have different types of goals, such as neighborhood preservation, but overall goals have been achieved. Mr. Ostrowski further stated that the key is to set realistic timeframes and goals that are specific enough to carry out. Mr. Ostrowski explained that staff has come up with different tools to help with neighborhood preservation efforts. Chairperson Christiansen stated that neighborhood plans usually have 80 action items per plan and staff is unable to find comparable cities doing what City of College Station staff is doing. Mr. Christiansen asked if larger cities are not able to finish neighborhood plans, why is the City of College Station creating small area plans.
Long Range Planning Administrator Halle-Schramm clarified that in peer city research, cities did not have the same set of small area plans, but that larger cities did have small area plans. The larger cities also struggle with what to do with plans that gone beyond their expected timeframe. Ms. Halle-Schramm stated that plans were created after the adoption of the 2009 Comprehensive Plan and staff is at a pivot point now with five selected neighborhood centric areas and redevelopment plans.
Commissioner Jackson stated that the neighborhood planning processes and plans can be strong and important. Mr. Jackson expressed his strong support for neighborhood plans. Commissioner Wright expressed support for neighborhood plans. Commissioner Wright recommended adding a neighborhood plan for the McCullough Subdivision. Director of Planning & Development Services Ostrowski clarified that priority planning areas come from the recently adopted Comprehensive Plan.
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Long Range Planning Administrator Halle-Schramm clarified that some items that remain incomplete are nebulous types of actions, moving forward plan actions will need to be specific and
measurable. Commissioner Wright asked if priority planning area plans will have automatic sunset dates. Director of Planning & Development Services Ostrowski confirmed that there will be automatic sunset dates on plans. Commissioner Wright motioned to recommend approval of forwarding the item to City Council. Commissioner Cornelius seconded the motion, the motion passed (6-0). 5.3 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards,” Section 7.2 “General Provisions,” Section 7.3 “Off-Street Parking Standards,” Section 7.6 “Landscaping and Tree Protection,” Section 7.7 “Buffer Requirements,” Article 11, “Definitions,”
Section 11.2 “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, regarding the creation of a new use called Shared Housing. Case #ORDA2022-000005 (Note: Final Action on this item will be considered at the September 22, 2022 City Council Meeting – Subject
to change). Director of Planning & Development Services Ostrowski presented the Ordinance Amendment to the Commission recommending approval. Commissioner Wright asked how and in what way would this be immediately used. Director of Planning & Development Services Ostrowski clarified that Shared Housing would not be permitted in single-family zoning districts and would be permitted in multi-family zoning districts. Mr. Ostrowski stated that this will help with future requests but that residents in existing structures in single-family zoning districts will still need to meet the definition of family.
Commissioner Cornelius asked if this ordinance would apply within a two-mile radius of Texas A&M University. Director of Planning & Development Services Ostrowski stated that this amendment is creating a use, not a zoning district, and that the boundary will be from any higher education campus.
Commissioner Jackson asked if this was directed toward multi-family areas as an additional land use concept. Director of Planning & Development Services Ostrowski clarified that the ordinance will allow Shared Housing in multi-family districts and will prohibit Shared Housing in single-family zoning districts. Commissioner McIlhaney asked how staff would differentiate between a five-bedroom five- bathroom house and Shared Housing.
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Director of Planning & Development Services Ostrowski stated that there are the qualifiers within the definition to assist in making the determination, and that if someone disagreed with
staff's determination, recourse would be available through the Zoning Board of Adjustment. Commissioner McIlhaney asked for the permitting process with a five-bedroom home. Director of Planning & Development Services Ostrowski clarified that staff will review the plans using Shared Housing characteristics provided like bathroom placement, room placement, and garages to try to define common characteristics. Chairperson Christiansen stated that “Ag Shacks” create enforcement difficulty and asked if this amendment will make the enforcement easier.
Director of Planning & Development Services Ostrowski stated that the amendment will make regulating Shared Housing easier as it will allow Shared Housing developments to be recognized at permitting site plan level.
Chairperson Christiansen opened the public hearing.
No visitors spoke. Chairperson Christiansen closed the public hearing. Commissioner Wright motioned to recommend approval of the Ordinance Amendment. Commissioner Smith seconded the motion. Commissioner Jackson expressed his support for the Ordinance Amendment. The motion passed (6-0). 6. Informational Agenda
6.1 Discussion of new development applications submitted to the City.
New Development Link: www.cstx.gov/newdev
There was no discussion.
6.2 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings:
• Thursday, September 8, 2022 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. (Liaison – Christiansen)
• Thursday, September 15, 2022 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m.
• Thursday, September 22, 2022 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. (Liaison – Cornelius)
• Thursday, October 6, 2022 ~ P&Z Meeting ~ Council Chambers ~ 6:00 pm.
There was no discussion. 6.3 Presentation and discussion regarding an update on items heard:
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•A Rezoning of approximately 12 acres of land from General Commercial to PlannedDevelopment District located at 103 North Dowling Road. The Planning & ZoningCommission heard this item on August 4, 2022 and voted (7-0) to recommend approval.The City Council heard this item on August 25, 2022 and voted (7-0) to approve the
request.
There was general discussion regarding the August 25, 2022 City Council Meeting.
6.4 Discussion and review regarding the following meetings: Design Review Board, BioCorridor Board.
•None
There was no discussion.
7.Discussion and possible action on future agenda items.
A Planning & Zoning Member may inquire about a subject for which notice has not been given. Astatement of specific factual information or the recitation of existing policy may be given. Anydeliberation shall be limited to a proposal to place the subject on an agenda for a subsequentmeeting.
Commissioner Wright asked for discussion on a McCullough Neighborhood Plan.
8.Adjourn
The meeting adjourned at 7:29 p.m.
Approved: Attest:
_____________________________________ _________________________________ Dennis Chairperson Christiansen, Chairperson Kristen Hejny, Admin Support Specialist Planning & Zoning Commission Planning & Development Services