Loading...
HomeMy WebLinkAbout10/03/2024 - Regular Minutes - Planning & Zoning CommissionOctober 3, 2024 Planning and Zoning Commission Minutes Page 1 of 8 Minutes Planning and Zoning Commission Regular Meeting October 3, 2024 COMMISSIONERS PRESENT: Chairperson Melissa McIlhaney, Commissioners, Bobby Mirza, Marcus Chaloupka, Aron Collins, Scott Shafer, and Warren Finch COMMISSIONERS ABSENT: Commissioner Jason Cornelius COUNCILMEMBERS PRESENT: Councilmember Dennis Maloney CITY STAFF PRESENT: Director of Planning & Development Services Anthony Armstrong, Assistant Director of Planning & Development Services Molly Hitchcock, City Engineer Carol Cotter, Long Range Planning Administrator Christine Leal, Land Development Review Administrator Robin Macias, Principal Planner Heather Wade, Staff Planners Gabriel Schrum, Ashley Klein, and Bekha Blasingame, Deputy City Attorney Leslie Whitten, Administrative Support Specialist Kristen Hejny, and Technology Services Specialist Jeremy Halling 1. Call Meeting to Order, Pledge of Allegiance, Consider Absence Request. Chairperson McIlhaney 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. • September 19, 2024 Commissioner Chaloupka moved to approve the Consent Agenda, Commissioner Collins seconded the motion, the motion passed 6-0. 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission Action. No items were removed from the Consent Agenda for discussion. 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 October 3, 2024 Planning and Zoning Commission Minutes Page 2 of 8 Station, Texas by changing the zoning district boundary from PDD Planned Development District to PDD Planned Development District to amend the Concept Plan for approximately 45 acres generally located at 600 Scott & White Drive. Case #REZ2024- 000019 Staff Planner Schrum presented the concept plan amendment to the Commission recommending approval. Commissioner Finch asked if the proposed signage would be for low-profile signs similar to those existing. Staff Planner Schrum confirmed that the proposed signage would be low-profile, and that the signage is consistent with the existing signage. Commissioner Finch asked for the approximate height of the proposed signage. Staff Planner Schrum clarified that the proposed signs would be three to four feet in height. Chairperson McIlhaney asked if the proposed signage is consistent with the existing signage, and asked if the applicant would need to apply for another rezoning to alter the signage in the future. Staff Planner Schrum clarified that the proposed signage is consistent with the existing signage. Mr. Schrum also confirmed that the applicant would need approval from the Commission and City Council for additional changes in the future. Commissioner Mirza asked if the changes are within the current parking lot area of the hospital. Staff Planner Schrum clarified that the proposed signage is for the development’s expansion. Commissioner Shafer clarified that the requested amendment is to increase signage from 29 signs to 33 signs, stating that there are no proposed changes that would allow for a change of use. Staff Planner Schrum confirmed that the request is to allow for an additional four signs, also confirming that there are no changes in use. Chairperson McIlhaney opened the public hearing. No visitors spoke. Chairperson McIlhaney closed the public hearing. October 3, 2024 Planning and Zoning Commission Minutes Page 3 of 8 Commissioner Shafer moved to recommend approval of the concept plan amendment, Commissioner Finch seconded the motion, the motion passed 6-0. 5.2 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Section 3.6 “Conditional Use Permits,” Section 6.3.C “Use Table,” and Section 9.2.C “Abandonment” of the Code of Ordinances of the City of College Station, Texas, regarding conditional use permits, the abandonment of nonconforming uses, and requiring conditional use permits for new and expanding bars, nightclubs, and taverns in the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts. Case #ORDA2024-000002 Assistant Director Hitchcock presented the ordinance amendment to the Commission recommending approval. Commissioner Shafer asked if the tenants of the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts would be happy with the proposed changes. Assistant Director Hitchcock stated that the changes moved toward easing specific concerns, however, there is sentiment that the proposed ordinance amendment did not go far enough and is a bad idea. Commissioner Shafer stated that the bad idea was already in place, asking if this proposed amendment would make it less of a bad idea. Assistant Director Hitchcock stated that specifically there were five main concerns expressed throughout the meetings, bars will be removed from the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts, there would not be enough time to back- fill an existing use to keep the grandfathering, property owners will have to sell properties if they are not guaranteed a bar use, single-story buildings will be lost to high rise construction, and that the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts will lose their charm. Chairperson McIlhaney asked for clarification that there are currently no requirements for a conditional use permit (CUP) in the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts, and that this amendment would make CUPs required along with making the code more palatable for uses, based on information and feedback received. Assistant Director Hitchcock confirmed that there are currently no CUP requirements in the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts and that this amendment would make CUPs required. Commissioner Finch asked if the City of College Station is trying to move bars out of the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts over time. October 3, 2024 Planning and Zoning Commission Minutes Page 4 of 8 Director Armstrong clarified that moving bars out of the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts is not the City’s goal. Mr. Armstrong also clarified that CUP requirements apply to new uses or expansions only, and all 36 existing bars can continue to operate as they sit. Commissioner Chaloupka asked for clarification on grandfathering and CUP requirements if a change to the use or building is made. Director Armstrong stated that there is a 10% footprint change caveat, if the footprint changes beyond 10%, the applicant will be required to request a CUP. Chairperson McIlhaney added that this requirement could add mitigating factors for the surrounding community as a tool for the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts to be good neighbors. Commissioner Mirza asked for examples of non-conforming uses. Assistant Director Hitchcock stated that if this amendment were passed, an existing bar without a CUP would be non-conforming with grandfathering. Commissioner Collins asked if there was a window in which the use is not being used or grandfathering goes away. Assistant Director Hitchcock stated that there is currently a three-month window as a discontinued use, or the business is abandoned before the business would be allowed to come back by right. With the proposed amendment, there would be a six-month window. Chairperson McIlhaney asked if staff has any discretion on the six-month timeline. Assistant Director Hitchcock stated that discretion such as an active building permit could expand the timeline. Chairperson McIlhaney opened the public hearing. Lisa Bradway, 213 and 215 University Drive, College Station, spoke in opposition of the ordinance amendment citing concerns for inclusion of 9.2B abandonment putting bars in jeopardy on the property, ownership rights, discontinued and abandoned defined, what constitutes beginning and end of a six-month period. Travis Vollering, Bryan, spoke in opposition of the ordinance amendment citing concerns for the purpose of the proposed amendment, asking who the proposed amendment is protecting, business shut down for improvements, the true intent forcing landowners to sell to developers for high rise developments, and issues with expansion. Mr. Vollering asked for the definition of a new user and the 10% footprint change. October 3, 2024 Planning and Zoning Commission Minutes Page 5 of 8 Robert Forrest, 301 and 303 College Main, College Station, spoke in opposition of the ordinance amendment citing concerns for the six-month grandfathering, high rise developments, and extensions on permits. Bobby Grabowski, 111, 303, and 109 College Main, College Station, spoke in opposition of the ordinance amendment citing concerns for triggers that would require a grandfathered bar to get a CUP, and asked for more clarity on what would negate grandfathering. Chairperson McIlhaney closed the public hearing. Commissioner Collins stated his understanding for the desire in the uniformity of uses across College Station, but also stated that the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts are unique and deserve unique consideration. Commissioner Chaloupka stated that the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts are a heart of College Station, adding that the proposed amendment will hurt the special district, also speaking in opposition of addressing initial issues in the city stating that the City needs to protect what is there. Chairperson McIlhaney asked for clarification that every bar in town must secure a CUP upon changing their use or expanding the footprint, also asking if all uses can be built in the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts. Assistant Director Hitchcock clarified that all bars would be required to obtain a CUP upon changing their use or expanding their footprint. Ms. Hitchcock also clarified that the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts have uses that are allowed and not allowed, these districts are the only areas in town where bars are allowed by right. Commissioner Finch commented on this unique area of the city, stating that the area will be high rise developments in 10 to 15 years, if not protected. Commissioner Shafer asked why the NG-2 Transitional Northgate zoned area is included in this proposed amendment. Assistant Director Hitchcock stated the NG-2 Transitional Northgate area is primarily the area along South College Avenue which is more suburban in nature, is meant to be a more commercial area, has the option to develop with the same standards as NG-1 Core Northgate, and is allowed bars by right, making the proposed amendment an across the board change for NG-1 Core Northgate and NG-2 Transitional Northgate. Commissioner Shafer commented on differences in code for the two different zoning districts. October 3, 2024 Planning and Zoning Commission Minutes Page 6 of 8 Commissioner Mirza commented that the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts are still an entertainment district. Chairperson McIlhaney stated that the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts are a booming area with a lot of high rises and uses, asking staff to speak to how this will impact health and safety issues. Assistant Director Hitchcock stated that this proposed amendment will not improve any situations overnight, as the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts continue to grow, the CUP process will allow the City the ability to analyze the proposal, the site, the building, and its potential interaction with its surroundings. Chairperson McIlhaney asked if there is another path to control adjacent structures. Assistant Director Hitchcock stated that these are unique situations that will be dependent on the location and surrounding area. Chairperson McIlhaney asked for the geographic makeup of the NG-1 Core Northgate district. Commissioner Shafer commented on the amount of time included in the grandfathering. Commissioner Finch asked for clarification on the 10% rule. Assistant Director Hitchcock clarified that the 10% rule would be the trigger for requiring a CUP, there are several criteria such as increasing the occupancy load by more than 10%, expanding the footprint, building higher, and adjusting buffers. Chairperson McIlhaney asked if the 10% rule would be applied per application. Assistant Director Hitchcock clarified that the rule applies as of the date of the ordinance. Commissioner Shafer moved to recommend approval of the ordinance amendment removing the NG-1 Core Northgate area from the amendment, Commissioner Mirza seconded the motion. Director Armstrong asked for clarification on the motion that CUPs would not be required for the NG-1 Core Northgate zoning district. Commissioner Collins asked for clarification on the motion stating that all affected parties have not been notified or had a chance to speak on the changes. Director Armstrong clarified that all entities in the NG-1 Core Northgate and NG- 2 Transitional Northgate districts received notice of this public hearing and proposed amendment. October 3, 2024 Planning and Zoning Commission Minutes Page 7 of 8 Chairperson McIlhaney spoke in support of the motion. Commissioner Collins spoke in support of the motion. Commissioner Chaloupka spoke in support of the motion. 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 an update on items heard: • A rezoning of approximately 11 acres of land located at 151 Graham Road from M-1 Light Industrial to CI Commercial Industrial. The Planning & Zoning Commission heard this item on September 5, 2024 and voted (5-0) to recommend approval. The City Council heard this item on September 26, 2024 and voted (7-0) to approve the request. • A comprehensive plan amendment to adopt a new Housing Action Plan. The Planning & Zoning Commission heard this item on September 5, 2024 and voted (5-0) to recommend approval. The City Council heard this item on September 26, 2024 and voted (7-0) to approve the request. There was no discussion. 6.3 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings: • Monday, October 7, 2024 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, October 17, 2024 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. • Thursday, October 24, 2024 ~ City Council Meeting ~ Council Chambers ~ Open Meeting 6:00 p.m. • Thursday, November 7, 2024 ~ P&Z Meeting ~ Council Chambers ~ 6:00 p.m. There was no discussion. 6.4 Discussion and review regarding the following meetings: Design Review Board and BioCorridor Board. • None October 3, 2024 Planning and Zoning Commission Minutes Page 8 of 8 There was no discussion. 7.Discussion and possible action on future agenda items. A Planning & Zoning Member may inquire about a subject for which notice has not beengiven. A statement of specific factual information or the recitation of existing policy maybe given. Any deliberation shall be limited to a proposal to place the subject on an agendafor a subsequent meeting. There was no discussion. 8.Adjourn The meeting adjourned at 6:58 p.m. Approved: Attest: ___________________________________ _________________________________ Melissa McIlhaney, Chairperson Kristen Hejny, Board Secretary Planning & Zoning Commission Planning & Development Services