LOCATION MAP:
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF BRYAN, TEXAS, AMENDING CHAPTER 130, ZONING, OF THE CITY OF BRYAN CODE OF ORDINANCES, BY CHANGING THE ZONING CLASSIFICATION FROM A COMBINATION OF MULTIPLE-FAMILY RESIDENTIAL DISTRICT (MF) AND RETAIL DISTRICT (C-2) TO RETAIL DISTRICT (C-2), ON 13.12 ACRES OF LAND OUT OF THE ZENO PHILLIPS LEAGUE, A-45 ADJOINING THE WEST SIDE OF NORTH HARVEY MITCHELL PARKWAY BETWEEN WEST VILLA MARIA ROAD AND LA BRISA DRIVE IN BRYAN, BRAZOS COUNTY, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH SAID ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bryan has adopted Chapter 130, Zoning, of the City of Bryan Code of Ordinances, as amended, which divides the City of Bryan into various zoning districts; and
WHEREAS, permanent zoning changes made after the date of passage of Chapter 130 are made by adopting ordinances amending Chapter 130 for each particular permanent zoning change; and
WHEREAS, this requested change to amend Chapter 130, Zoning, of the City of Bryan Code of Ordinances, by changing the zoning classification from a combination of Multiple-Family Residential District (MF) and Retail District (C-2) to Retail District (C-2), on 13.12 acres of land out of the Zeno Phillips League, A-45 adjoining the west side of North Harvey Mitchell Parkway between West Villa Maria Road and La Brisa Drive in Bryan, Brazos County, Texas, was recommended for approval by the Bryan Planning and Zoning Commission during its regular meeting on March 5, 2020 (case no. RZ20-07). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS:
1.
That Chapter 130, Zoning, of the City of Bryan Code of Ordinances be amended by changing the zoning classification from a combination of Multiple-Family Residential District (MF) and Retail District (C-2) to Retail District (C-2), on 13.12 acres of land out of the Zeno Phillips League, A-45 adjoining the west side of North Harvey Mitchell Parkway between West Villa Maria Road and La Brisa Drive in Bryan, Brazos County, Texas, being depicted on attached Exhibit “A” and described more particularly by metes-and-bounds on attached Exhibit “B”.
2.
That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
3.
Should any section, paragraph, sentences, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby, and to this end, the provisions of this ordinance are declared to be severable.
4.
The Code of the City of Bryan, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
5.
It is hereby found and determined that the meeting at which this ordinance was passed was open to the public as required by Section 551.001 et seq., Texas Government Code, and that advance public notice of time, place and purpose of said meeting was given.
6.
This ordinance shall take effect immediately upon its first and only reading and passage.
PASSED, ADOPTED AND APPROVED the 14th day of April 2020, at a regular meeting of the City Council of the City of Bryan, Texas, by a vote of ___ yeses and ___ noes.
ATTEST: CITY OF BRYAN:
_____________________________ ___________________________ Mary Lynne Stratta, City Secretary Andrew Nelson, Mayor
APPROVED AS TO FORM:
_____________________________ Janis K. Hampton, City Attorney
EXCERPT FROM PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES OF MARCH 5, 2020:
3. REQUESTS FOR APPROVAL OF ZONING CHANGES - A PUBLIC HEARING WILL BE HELD FOR EACH ITEM (Commission makes recommendation; City Council has final approval).
c. Rezoning RZ20-07: Brazos Moving & Storage
A request to change the zoning classification from Multiple-Family Residential District (MF) to Retail District (C-2) on 13.12 acres of land out of the Zeno Phillips League, A-45 adjoining the west side of North Harvey Mitchell Parkway between West Villa Maria Road and La Brisa Drive in Bryan, Brazos County, Texas. (A. Kay)
Ms. Kay presented the staff report (on file in the Development Services Department). Staff recommends approval of the request.
In response to questions from the Commission, Ms. Kay stated that the applicant has also submitted a Conditional Use Permit application for a self-storage development on this property.
The public hearing was opened.
Mr. Cody Hall, applicant in favor of this request, came forward and stated that it is not feasible to develop this property for multifamily use.
In response to questions, Mr. Hall stated that:
• He has completed several other successful self-storage projects in the Bryan-College Station area, with no concerns from adjacent property owners.
• The property is heavily wooded and encumbered by flood area and various easements, leaving only about three buildable acres. The majority of existing trees will be left undisturbed, providing a significant buffer to adjacent residential properties.
• The self-storage facility would be accessible 24/7 but the site will be gated and secured, with proper lighting and on-site management.
• This development should not generate large amounts of traffic, and TxDOT may require a traffic study or deceleration lane.
Ms. Kay clarified that a 50-ft buffer to any residential district is required on properties zoned C-2, which can be reduced to 30-ft with landscaping.
The public hearing was closed.
Commissioner Torres moved to recommend approval of Rezoning RZ20-07, as requested, to the Bryan City Council and to adopt the written staff report and analysis as the report, findings, and evaluation of the Commission. Commissioner Bush seconded the motion.
Commissioners thanked the applicant for investing in Bryan. The motion passed unanimously.
PLANNING AND ZONING COMMISSION STAFF REPORT
March 5, 2020
Rezoning case no. RZ20-07: Brazos Moving and Storage
CASE DESCRIPTION: a request to change the zoning classification from Multiple-Family Residential District (MF) to Retail District (C-2)
LOCATION: 13.12 acres of land out of the Zeno Phillips League, A-45 adjoining the west side of North Harvey Mitchell Parkway between West Villa Maria Road and La Brisa Drive
EXISTING LAND USE: vacant acreage and oil pad site
PROPERTY OWNER: Whitworth Financial Inc.
APPLICANT(S): Cody Hall with Brazos Moving and Storage
STAFF CONTACT: Allison Kay, Staff Planner
AERIAL PHOTOGRAPH (2019):
BACKGROUND:
The 13.12-acre subject property adjoins the west side of North Harvey Mitchell Parkway between West Villa Maria Road and La Brisa Drive. The property has been zoned Multiple Family Residential District (MF) and Retail District (C-2) since the City of Bryan rezoned 547 acres in December 1992. The abutting property to the south is zoned C-2 District, and is currently developed with a convenience store and laundromat. The abutting properties to the west that are zoned MF District are developed with four-plexes and those properties to the west that are zoned Residential District – 5000 (RD-5) are developed with detached residential dwellings. The northern most section of the subject property and abutting property to the north is zoned C-2 District. The subject property is mostly vacant aside from an existing oil pad site. The subject property is currently unplatted and will be required to be platted before any building permits can be issued.
The property owner is requesting to rezone a portion of the property from the existing Multiple Family Residential District (MF) zoning to Retail District (C-2). This rezoning request is being made to align with the City of Bryan’s zoning pattern for development along entry corridors.
The C-2 District was established to provide locations for various types of general retail trade, business and service uses. The district allows shopping centers or uses which are generally compatible near or adjacent to, but not usually directly in, residential neighborhoods.
RELATION TO BRYAN’S COMPREHENSIVE PLAN:
Bryan’s Comprehensive Plan, Blueprint 2040, includes policy recommendations related to various use specific types of development. It states that it is a goal of the City to achieve a balanced and sustainable mix of land uses within the City by planning for a mix of land use types in suitable locations, densities and patterns. The Future Land Use Plan suggests that commercial/high intensity office uses be located along major arterial, super arterial and freeway corridors.
However, due to the location of the subject property, on an entry corridor into Bryan and the potential uses allowed by right in the Commercial District (C-3) zoning, commercial zoning on the subject property would not be appropriate on this subject property.
ANALYSIS:
In making its recommendation regarding a proposed zoning change, the Planning and Zoning Commission shall consider the following factors:
1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned; relationship to general area and the City as a whole.
The proposed change, if approved, will expand the area available for retail development along North Harvey Mitchell Parkway. The adjacent properties located to the south and north and a portion of the subject property, are zoned Retail District (C-2) and properties to the west are zoned Multiple Family Residential District (MF).
Staff contends that rezoning the subject property from MF District to C-2 District will support orderly urban growth in this vicinity, and allow for a more efficient pattern of development by allowing for retail development along an entry corridor into Bryan.
2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area and shall note the findings. A 12-inch public water line extends along North Harvey Mitchell Parkway and an 8-inch public water line extends along the north side of La Brisa Drive. An 8-inch public sewer line extends from the west through the adjacent subdivision, La Brisa – Phase 2, to the subject property and then extends south to the development at the corner of North Harvey Mitchell Parkway and La Brisa Drive. Any need for additional capacity will be addressed at the time of development.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.
Staff believes that this zone change request, if approved, will not make land classified for similar development in the vicinity and elsewhere in the City unavailable for development.
4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
Staff contends that retail development is occurring at a moderate pace in this vicinity. In addition, staff contends that a change to a less intense zoning classification than what BluePrint 2040’s Future Land Use Plan suggests is ideal for this property located on an entry corridor to Bryan.
5. How other areas designated for similar development will be, or are unlikely to be affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.
Other areas of Bryan zoned for retail development will be unaffected by the proposed zoning change. Staff contends that areas designated for similar development would not be affected if the proposed zoning change were approved.
Staff is unable to identify additional factors other than those mentioned above that might affect health, safety, morals, or general welfare if this rezoning were approved.
RECOMMENDATION:
Based on all of the above considerations, staff recommends approving the requested zoning change to Retail District (C-2) on the subject property.
