Minutes from the July 1, 2013 Planning and Zoning Commission Meeting

Transcription

1 NOTICE OF A REGULAR MEETING BRENHAM PLANNING AND ZONING COMMISSION MONDAY, AUGUST 5, 2013 AT 5:15 P.M. SECOND FLOOR CITY HALL COUNCIL CHAMBERS 200 W. VULCAN BRENHAM, TEXAS 1. Call Meeting to Order CONSENT AGENDA 2. Statutory Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that the Commission may act on with one single vote. A Commissioner may pull any item from the Consent Agenda in order that the Commission discuss and act upon it individually as part of the Regular Agenda. 2-a. Minutes from the July 1, 2013 Planning and Zoning Commission Meeting REGULAR AGENDA 3. Discussion and Possible Action Concerning the Approval of an Amending Plat Creating Lots 2A and 3A of the BHKW Subdivision, being an Adjustment of the Common Lot Line between Lots 2 & 3 as shown on the Minor Plat of BHKW Subdivision in Brenham, Washington County, Texas 4. Discussion and Possible Action Concerning the Approval of A Final Plat for the Country Side Manufactured Home Community, Sections 1, Lot 1, Consisting of approximately 15.5 acres out of the Phillip Coe Survey and Located on FM 389 and adjoining the south side of the existing Wehmeyer Mobile Home Park in Washington County, Texas 5. Discussion and Possible Action Concerning the Approval of a Manufactured Home Park Master Plan for Country Side Manufactured Home Community and Located on approximately 15.5 acres out of the Phillip Coe Survey and Located on FM 389 and adjoining the south side of the existing Wehmeyer Mobile Home Park in Washington County, Texas 6. Public Hearing, Discussion and Possible Action Concerning the Approval of a Replat of Lots 1 and 3 and a portion of Lots 2, 4, and 5, along with a portion of a 12 foot wide alley, Block T, Washington Park Addition to the City of Brenham to form Lot 1A and Lot 2A

2 7. Public Hearing, Discussion and Possible Action Concerning the Approval of an Amendment to the Official Zoning Map of the Code of Ordinances, to change the zoning from a Residential Single Family (R-1) District to an Industrial Use (I) District on acre tract, being a portion of a called acre tract out of the John Carrington Survey, Abstract No. 120, addressed as 50 Kuhn Lane, and located south of Salem Road adjacent to the Mark Schulte Tract and the Burlington Northern Santa Fe Railroad in Brenham, Texas (Commission makes recommendation; City Council has final approval.) 8. Public Hearing, Discussion and Possible Action Concerning the Approval of an Amendment to the Official Zoning Map of the Code of Ordinances to change the zoning from a Residential Single Family (R-1) District to establish a Planned Development (PD) District for single-family residential uses on approximately acres located north of the intersection of South Blue Bell and Mustang Roads, and a tract 251 within the James Walker Survey in Brenham, Texas (Commission makes recommendation; City Council has final approval.) 9. Public Hearing, Discussion and Possible Action Concerning the Approval of a Text Amendment to Part II, Division 2, Section 6 (Industrial District), of Appendix A: Zoning of the City of Brenham s Code of Ordinances, Amending the list of Permitted Uses and Adding Uses Allowed with Specific Use Approval (Commission makes recommendation; City Council has final approval.) 10. Administrative Reports a. Meeting date for September 11. Adjourn CERTIFICATION I certify that a copy of the August 5, 2013, agenda of items to be considered by the Planning & Zoning Commission was posted to the City Hall bulletin board at 200 W. Vulcan, Brenham, Texas on August 2, 2013, at am, pm. Kim L. Hodde, Planning Technician Disability Access Statement: This meeting is wheelchair accessible. The accessible entrance is located at the Vulcan Street entrance to the City Administration Building. Accessible parking spaces are located adjoining the entrance. Auxiliary aids and services are available upon request (interpreters for the deaf must be requested twenty-four (24) hours before the meeting) by calling (979) for assistance. I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of, 2013 at Am Pm. Signature Title

3 CITY OF BRENHAM PLANNING AND ZONING COMMISSION MINUTES July 1, 2013 The meeting minutes herein are a summarization of meeting procedures, not a verbatim transcription. A regular meeting of the Brenham Planning and Zoning Commission was held on July 1, 2013 at 5:15 P.M. in the Brenham Municipal Building, City Council Chambers, at 200 West Vulcan Street, Brenham, Texas. Commissioners present: Dr. Deanna Alfred Calvin Kossie Nancy Low Charlie Pyle Lynnette Sheffield Commissioners absent: Leroy Jefferson Walt Schoenvogel Staff present: Julie Fulgham, Director of Development Services Grant Lischka, City Engineer Kim Hodde, Administrative Assistant Citizens present: Jeff Roberson William Krueger Clint Kolby 1. Call Meeting to Order Vice Chairman Low called the meeting to order at 5:15 p.m, with a quorum of five (5) Commissioners present. CONSENT AGENDA 2. Statutory Consent Agenda The Statutory Agenda includes non-controversial and routine items that the Commission may act on with one single vote. A Commissioner may pull any item from the Consent Agenda in order that the Commission discuss and act upon it individually as part of the Regular Agenda. 2-a. Minutes from the June 3, 2013 Planning and Zoning Commission Meeting. Vice Chairman Low asked for any corrections or additions to the minutes as presented. A motion was made by Commissioner Pyle and seconded by Commissioner Sheffield to approve the minutes as presented. The motion carried unanimously. REGULAR AGENDA 3. Discussion and Possible Action Concerning Approval of a Preliminary Plat for Countryside Mobile Home Community, Sections 1 and 2, Consisting of Approximately 15.5 Acres Out of the Phillip Coe Survey and Located on FM 389 and Adjoining the South Side of the Existing Wehmeyer Mobile Home Park in Washington County, Texas 1

4 Julie Fulgham, Development Services Director, presented the following staff report: This is a preliminary plat consisting of 2 new lots on acres that will be developed in two phases. These lots are being platted for the creation of a manufactured home park. A variance from the minimum frontage standards to create Lot 1 in Section 1 (with 131 feet of frontage on FM 389) of this proposed preliminary plat was approved by City Council at their May 2, 2013 meeting. With that variance, staff recommends approving this request finding it meets all applicable ordinances and variances. Ms. Fulgham stated that this is the first step in the process. Approval of a manufactured home park master plan will also be requested at the time the final plat for section 1 is presented to the Commission for approval. Commissioner Pyle stated that the original plan showed the driveway for this park tying into Wehmeyer Mobile Home Park but this version doesn t. William Krueger stated that the connection didn t work out so there will be a 31 private drive from FM 389 through the park to Industrial Boulevard. Ms. Fulgham stated that this is a much better layout. No variance is required for the Industrial Boulevard frontage. A motion was made by Commissioner Kossie and seconded by Commissioner Pyle to approve the Preliminary Plat as presented. The motion carried unanimously. 4. Discussion and Possible Action Concerning Approval of a Final Plat for Ralston Creek Estates, Phase 1, a Subdivision Consisting of Approximately Acres Out of the Arabella Harrington Survey and Located on FM 577, between Stone Street and Gun and Rod Road in Brenham, Washington County, Texas. Julie Fulgham, Development Services Director, presented the following staff report: This is a final plat consisting of 76 new residential lots on 60.9 acres bounded by East Stone Street, Blue Bell Road and Gun and Rod Road in eastern Brenham, Washington County, Texas. This property is zoned Planned Development District and a requirement of the development plan is that homeowners association documents must be approved by the City for maintenance of common areas shown on the plat. Staff has reviewed and approved the Covenants, Conditions, and Restrictions for Ralston Creek Estates. This plat meets all applicable regulations and ordinances and staff recommends approving the request. Ms. Fulgham stated that this is the next step in the subdivision process for this neighborhood development. Once the infrastructure has been completed and approved, then the Plat can be filed and lots can be sold. Commissioner Alfred commented that some of the lots seem to be very narrow. Ms. Fulgham reminded the Commission that this is a Planned Development and that the narrower lots were allowed since they are deeper and still meet the minimum lot size. Commissioner Pyle asked if it was unusual to have a final plat on each phase. Ms. Fulgham responded that since the preliminary plat shows the whole development and the final plats are done as each phase is completed, it is not unusual but rather very common. Development costs often constrain developers from building the entire subdivisions infrastructure at once so you see phasing. Ms. Fulgham noted that there was no Lot 11 in Block 3 on the Plat. She stated that it could be approved as is or the Commission could require the plat to be corrected with Lot 11 added. This makes this phase consist of 75 lots instead of 76 as previously stated. A motion was made by Commissioner Sheffield and seconded by Commissioner Kossie to approve the Final Plat with the numbering sequence in Block 3 to be corrected and also on Page 2 designating the Windage entry green space as common area with a median and being maintained by the Homeowner s Association. The motion carried unanimously. 5. Discussion and Possible Action Concerning the Approval of an Amending Plat of Lot 1 and Lot 2 of Block 32 in the W. G. Wilkins Addition, being an Adjustment of the Common Lot Line between Lots 1 & 2 of the Amending Plat of a Subdivision of a acre tract of land 2

5 part of Block 32, W.G. Wilkins Addition and part of Lot 3 Keys Third Addition, A. Harrington Survey of the City of Brenham, Washington County, Texas Julie Fulgham, Development Services Director, presented the following staff report: This is a request for approval of an amending plat consisting of 2 existing lots for residential use on acres. An amending plat was just approved last month to move a lot line, but the title block erroneously listed Lot 2A as 2B and this amending plat corrects this error. Staff recommends approving this request finding it meets all applicable ordinances and regulations. Ms. Fulgham stated that this was just a typographical error/minor correction. A motion was made by Commissioner Alfred and seconded by Commissioner Pyle to approve the Preliminary Plat as presented. The motion carried unanimously. 6. Public Hearing, Discussion and Possible Action Concerning the Approval of a Replat of All or Portions of Reserves A, B, and C of the Southwest Industrial Park Section III, Consisting of Approximately 65.5 Acres and Creating Lots 2, 3 and Reserve B-R in Brenham, Washington County, Texas. Julie Fulgham, Development Services Director, presented the following staff report: This replat removes Reserves A and C and formally dedicates Reserve B as detention. The subdivision ordinance requires reserve tracts use to be labeled. Additionally this replat dedicates additional public right-of-way for Industrial Boulevard. This replat meets all applicable ordinances and regulations and staff recommends approval. Vice Chairman Low opened the Public Hearing and asked for any citizen comment. Ms. Fulgham stated that according to our ordinance the use of a reserve tract must be stated; therefore, since this property is being replatted to dedicate extra right-of-way for Industrial Boulevard, the lot information has been changed as well as identifying and stating the use of the Reserve. Vice Chairman Low closed the Public Hearing. A motion was made by Commissioner Sheffield and seconded by Commissioner Kossie to approve the replat as presented. The motion carried unanimously. 7. Public Hearing, Discussion and Possible Action Concerning the Approval of a Text Amendment to Part 1, Section 5.02 (Definitions), (53) Dwelling, Detached, of Appendix A: Zoning of the City of Brenham s Code of Ordinances, Establishing 750 Square Feet as the Minimum Square Footage Allowed for Single Family Detached Dwellings on Individual Lots Julie Fulgham, Director of Development Services, stated that there is somewhat of a trend to use alternative building methods such as shipping containers, portable buildings, etc. for housing. Most of the time, these buildings are shells and are fully renovated for use as dwellings. The plans for these renovations are typically not done by a design professional, such as an architect or engineer, and sometimes they are not up to par with the neighborhood, even though minimum codes are met. Buildings moved to a site must be brought up to code but, even with modifications that meet the building code, the structures may not meet the character of the neighborhood. Ms. Fulgham stated that currently there is no minimum square footage requirement for single family detached dwellings; however, she is proposing that this be changed to 750 square feet. She also stated that apartments, cluster housing, etc. still may have smaller square footage requirements and this proposed text amendment only establishes minimum square footage requirements for single family detached dwellings. Vice Chairman Low opened the Public Hearing and asked for any citizen comment. Several Commissioners expressed disbelief that we did not already have a minimum square footage requirement in our ordinance. Ms. Fulgham reiterated that this would only be for a single family detached dwelling. 3

6 Vice Chairman Low closed the Public Hearing. A motion was made by Commissioner Kossie and seconded by Commissioner Sheffield to approve the text amendment requiring 750 square feet as the minimum square footage allowed for a single family detached dwelling. The motion carried unanimously. 8. Administrative Report Ms. Fulgham informed the Commission that the sign committee had been meeting to review and revise the sign ordinance. Since the Board of Adjustments has been receiving lots of sign variance requests, the City has hired a planning firm to draft the sign ordinance revisions. This will reduce the time frame for the revised ordinance considerably. The firm will provide a draft for staff review. The sign sub-committee will consider the draft then it will come to the Planning and Zoning Commission as a work session item then again as a formal session item before final consideration by the City Council. 9. Adjourn Vice Chairman Low adjourned the Planning and Zoning Commission meeting at 6:05 p.m. The City of Brenham appreciates the participation of our citizens, and the role of the Planning and Zoning Commissioners in this decision making process. Certification of Meeting Minutes: Walt Schoenvogel Planning and Zoning Commission Chairman Meeting Date Julie Fulgham Attest, Secretary to the Commission Director of Development Services Meeting Date 4

7 City of Brenham Planning and Zoning Commission Staff Report August 5, 2013 AMENDING PLAT: BHKW SUBDIVISION SIZE AND LOCATION: EXISTING LAND USE: ZONING: APPLICANT(S)/OWNER(S): AGENT: STAFF CONTACT: acres of land on Niebuhr Street and located east of its intersection with South Blue Bell Road Brenham, Washington County, Texas Vacant lot (Lot 3) and a developed lot with an existing medical office (Lot 2) building Local Business/Mixed Residential Use District (B-1) Vizsla Properties, LLC Jones and Carter, Inc. Julie Fulgham, Director of Development Services Proposed Legal Description: Lots 2A and 3A of the BHKW Subdivision REQUEST: This is a request for approval of an amending plat consisting of 2 existing lots in a Local Business/Mixed Residential Use (B-1) District for commercial use on acres on Niebuhr Street. Both lots are owned by Vizsla Properties, LLC. Currently, Lot 2 has an existing Dermatology office building located on it and Lot 3 is vacant land. The plat is requested to be amended by shifting the lot line to enlarge the proposed Lot 3A. Attached you will find the proposed amending plat. The Plan Review Committee has reviewed and verified this request meets all applicable ordinances and regulations.

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9 City of Brenham Planning and Zoning Commission Staff Report August 5, 2013 Final Plat: Country Side Manufactured Home Community SIZE AND LOCATION: EXISTING LAND USE: ZONING: APPLICANT(S)/OWNER(S): AGENT: STAFF CONTACT: acres with frontage on FM 389 and Industrial Boulevard and directly south of the existing Wehmeyer Mobile Home Park vacant land located within the ETJ of the City of Brenham Adolph Wehmeyer Jones & Carter, Inc. Julie Fulgham, Director of Development Services Proposed Legal Description: Lot 1, Section I REQUEST: This is a final plat consisting of 1 new lot on 8.48 acres and is the first phase a two phase development, as shown on the preliminary plat. This lot is being platted for the creation of the first phase of a manufactured home park. A variance from the minimum frontage standards to create Lot 1 in Section 1 (with 131 feet of frontage on FM 389) of this proposed final plat was approved by City Council at their May 2, 2013 meeting. Additionally, this final plat varies slightly from the preliminary plat approved at the July 1 st Regular Meeting of the Planning and Zoning Commission. The name of the subdivision was altered from Country Side Mobile Home Community to Country Side Manufactured Home Community. Mobile homes are defined by state law as a certain type of structure constructed prior to Since 1976, all homes constructed to comply with the HUD building codes are defined as manufactured homes by state law. Manufactured homes are allowed within the City while mobile homes are not. This proposed park, located in the extraterritorial jurisdiction of the City, must comply with City regulations as part of an annexation development agreement entered into in With the above described variance and minor name change, staff recommends approving this request finding it meets all applicable ordinances and variances.

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11 City of Brenham Planning and Zoning Commission Staff Report August 5, 2013 SIZE AND LOCATION: EXISTING LAND USE: ZONING: APPLICANT(S)/OWNER(S): AGENT: STAFF CONTACT: Manufactured Home Park Master Plan: Country Side Manufactured Home Community acres with frontage on FM 389 and Industrial Boulevard and directly south of the existing Wehmeyer Mobile Home Park vacant land located within the ETJ of the City of Brenham Adolph Wehmeyer Jones & Carter, Inc. Julie Fulgham, Director of Development Services REQUEST: This is a manufactured home master plan for the Country Side Manufactured Home Community. A final plat is also being requested for approval by the Planning and Zoning Commission and a variance to the minimum frontage requirement for manufactured home park lots was approved by the City Council and the plat conforms to all applicable requirements. The park will be developed in two phases. The Country Side Mobile Home Community preliminary plat was approved at the July 1 st P&Z Commission s regular meeting and this park master plan conceptually shows the entire development plan of the park. Additionally, the final plat of the Country Side Manufactured Home Community considered by the Commission at the August 5 th P&Z Commission s regular meeting finalizes the platting process for phase 1 of the two phase project. With approval of the final plat and manufactured home park master plan, development of phase 1 may proceed. The Subdivision Ordinance also calls for the spaces to be delineated in Section 23-25, Mobile home/manufactured home subdivisions. Specifically, Section (4) of the Subdivision Ordinance calls for special platting requirements and outlines area requirements for each manufactured home space. Chapter 14 of the City of Brenham Code of Ordinances also is wholly dedicated to the regulation of manufactured home parks and calls for a manufactured home park plan. This master plan satisfies those requirements and conforms to all the applicable ordinances and regulations. Staff recommends approval of this manufactured home park master plan.

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13 City of Brenham Planning and Zoning Commission Staff Report August 5, 2013 REPLAT: 107 W. BRYAN STREET SIZE AND LOCATION: acres of land located at 103 and 107 West Bryan Street in Brenham, Washington County, Texas EXISTING LAND USE: Two residential lots with existing homes ZONING: Residential (R-1) APPLICANT(S)/OWNER(S): Lance & Shannon Altman (107)/Judy Willms (103) AGENT: Hodde & Hodde Land Surveying, Inc. STAFF CONTACT: Julie Fulgham, Director of Development Services Proposed Legal Description: Lot 1A and Lot 2A in Block T of the Washington Park Addition to the City of Brenham REQUEST: This is a request for approval of a replat of 2 existing lots for residential use on acres. One lot is owned by Lance and Shannon Altman and the other lot is owned by Judy Willms. The property owners agreed on the property conveyance from Willms to Altman and Mr. Altman constructed a fence on the proposed property line prior to requesting this re-plat. The Plan Review process revealed that if the new property line was approved, Ms. Willms storage building would be encroaching into the required set back. Ms. Willms requested a variance to the side yard setback for her existing accessory structure. This variance was approved by the Board of Adjustments at their July 8, 2013 meeting for the existing structure only. Attached you will find the proposed re-plat. With the above-referenced variance, this replat meets all applicable ordinances and regulations and staff recommends approval.

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15 City of Brenham Planning and Zoning Commission Staff Report August 5, 2013 Zone Change: Portion of tract addressed 50 Kuhn Lane STAFF CONTACT: Julie Fulgham, Director of Development Services OWNERS/APPLICANTS: Perry Thomas LEGAL DESCRIPTION: REQUEST: acres being a portion of a acre tract located at 50 Kuhn Lane and located south of Salem Road, adjacent to the Mark Schulte Tract and the Burlington Northern Santa Fe Railroad in Brenham, Washington County, Texas A request to change the zoning from a Residential (R-1) District to an Industrial (I) District SUMMARY RECOMMENDATION: This is a request by a prospective purchaser of this tract who owns land located at 301 South Salem Road and wishes to expand existing industrial uses to these acres. Staff recommends approving this requested zone change finding it conforms to the principles outlined in the Comprehensive Plan. ZONING MAP: AERIAL: 1

16 0.783 Acre Tract to be Rezoned: acres requested to be rezoned to the Industrial District ANALYSIS OF CITY OF BRENHAM ZONING POLICIES: 2

17 The purpose of zoning policies is to provide guidelines for considering future amendments to the zoning ordinance (Part 1, Section 4 of Appendix A Zoning of the Brenham Code of Ordinances). They are as follows: (1) The city's zoning should recognize and seek to preserve the small town attributes that make Brenham a special place for its citizens to live, work and play. This request should have no effect on the small town attributes that make Brenham a unique community. (2) The city's zoning should be guided by the future land use plan and other applicable guidelines found in the Comprehensive Plan. This request is for property currently within an R-1 District but few residential uses exist in the area. Most of the land located within the immediate vicinity is vacant and the tract is adjacent to an existing Industrial District. The expansion of that Industrial zoning district shall have no impact on the character of the area. The request does not contradict any portion of the Comprehensive Plan. (3) The city's zoning should be designed to facilitate the more efficient use of existing and future city services and utility systems in accordance with the Comprehensive Plan. This property is currently undeveloped and is landlocked. If this rezoning is approved, in order to complete the sale of this tract to the prospective purchaser, a preliminary plat and final plat will combine this parcel with land adjacent to Salem Road. (4) The city's zoning should be organized and as straight forward as possible to minimize use problems and enforcement problems. Surrounding properties are zoned within the R-1 and I District, although there are few developed R-1 uses in the immediate vicinity. Greater review of the parent tract of this acres will need to happen at the time of development since abutting R-1 zoning districts to I zoning districts may cause conflicts. Any development on this site must observe buffer yards as required by the performance standards within the Zoning Ordinance. (5) The city's zoning process should be fair and equitable, giving all citizens adequate information and opportunity to be heard prior to adoption of zoning amendments. All notification requirements were met with this application and a copy of this staff report was provided to the property owner and applicant. (6) The city's zoning should insure that adequate open space is preserved as residential and commercial development and redevelopment occur. The zoning ordinance limits the amount of impervious coverage allowed on a lot at the time of development. All performance criteria must be met as this site develops. (7) The city's zoning should insure Brenham's attractiveness for the future location of business and housing by preserving an attractive and safe community environment in order to enhance the quality of life for all of its residents. 3

18 The property s development as expansion for an existing adjacent business should not impact the future location of businesses or housing within this area. This expansion is not at a significant scale to change the character of the area. (8) The city's zoning ordinance should preserve neighborhood culture by retaining and promoting land uses consistent with the community's plan for the development and/or redevelopment of its neighborhoods. There are no existing residential neighborhoods nearby and existing residential uses are far enough away that any potential future redevelopment of such residential uses in the area should not be impacted. (9) The city's zoning should protect existing and future residential neighborhoods from encroachment by incompatible uses. This request will not place incompatible commercial uses within nearby existing neighborhoods as nonresidential and uses and vacant land are most prevalent in this vicinity. (10) The city's zoning should assist in stabilizing property values by limiting or prohibiting the development of incompatible land uses or uses of land or structures which negatively impact adjoining properties. This property is currently surrounded by vacant land and this rezoning should have minimal impact on residential home values within the area since it does not directly adjoin any residential uses. (11) The city's zoning should make adequate provisions for a range of commercial uses in existing and future locations that are best suited to serve neighborhood, community and regional markets. Rezoning this tract allows expansion of an existing commercial business. (12) The city's zoning should give reasonable accommodation to legally existing incompatible uses, but it should be fashioned in such a way that over time, problem areas will experience orderly change through redevelopment that gradually replaces the nonconforming uses. This property is vacant and no legally nonconforming uses are located here. (13) The city's zoning should provide for orderly growth and development throughout the city. Locating commercial uses adjacent to major thoroughfares and where there are adequate utilities provides for the orderly growth and development throughout the City. This tract will be combined with land directly abutting Salem Road and will have easy access to Highway 36 South. 4

19 City of Brenham Planning and Zoning Commission Staff Report August 5, 2013 Zone Change: Oak Alley (Gated Subdivision) STAFF CONTACT: Julie Fulgham, Director of Development Services OWNERS/APPLICANTS: Lynnette Sheffield LEGAL DESCRIPTION: REQUEST: Tract 251 within the James Walker Survey in Brenham, Texas A request to change the zoning from a Single Family Residential (R-1) District to a Planned Development District (PDD) SUMMARY RECOMMENDATION: This is a request for a zone change from an R-1 District to a Planned Development District for the development of a gated single-family residential community. Staff recommends approving a Planned Development District for single family residential uses on this property finding the substantial deviations are primarily front and rear setbacks and are offset by the private, gated nature of the subdivision. Additionally, private road pavement width meets the design standards for local streets and fire hydrant locations exceed the minimum requirements. Staff believes this proposed planned development district still meets the intent of the single-family residential zoning classification in terms of overall character and density. Attached is the draft ordinance that highlights the requested deviations from the Zoning and Subdivision Ordinances, Design Guidelines, and other regulations to be applied to this Planned Development District zone. ZONING MAP: 1

20 AERIAL: ANALYSIS OF CITY OF BRENHAM ZONING POLICIES: The purpose of zoning policies is to provide guidelines for considering future amendments to the zoning ordinance (Part 1, Section 4 of Appendix A Zoning of the Brenham Code of Ordinances). They are as follows: (1) The city's zoning should recognize and seek to preserve the small town attributes that make Brenham a special place for its citizens to live, work and play. This request should have no effect on the small town attributes that make Brenham a unique community. (2) The city's zoning should be guided by the future land use plan and other applicable guidelines found in the Comprehensive Plan. The future land use map shows residential uses in this area and residential and educational uses surround this property. (3) The city's zoning should be designed to facilitate the more efficient use of existing and future city services and utility systems in accordance with the Comprehensive Plan. This property is currently undeveloped and is located on a significant thoroughfare (FM 577) that can accommodate traffic generated by this proposed development. Additionally, a second access will be provided for at Mustang Road. There are also adequate utilities surrounding the site that a development can utilize and extend to serve the new lots within this development. (4) The city's zoning should be organized and as straight forward as possible to minimize use problems and enforcement problems. 2

21 Surrounding properties are zoned within the R-1 District and the neighborhood located directly south of this tract is similar to this proposed development in terms of scale and density. Situated directly north of this tract is a large tract with educational uses located upon it (Brenham Christian Academy). The proposed deed restrictions are planned to be more restrictive than the zoning applied to this land through approval of this requested planned development district. (5) The city's zoning process should be fair and equitable, giving all citizens adequate information and opportunity to be heard prior to adoption of zoning amendments. All notification requirements were met with this application and a copy of this staff report was provided to the property owner and applicant. (6) The city's zoning should insure that adequate open space is preserved as residential and commercial development and redevelopment occur. The zoning ordinance limits the amount of impervious coverage allowed on a lot at the time of development. This proposed planned development requests a deviation from the maximum impervious coverage allowed in the R-1 District. The R-1 District sets a maximum impervious coverage requirement at 55%. The requested PDD sets a maximum impervious coverage requirement at 75%, which is the allowable percentage for multi-family developments within the City. Landscaped common areas will be provided and strict landscaping requirements will be included within the deed restrictions so adequate green space shall be provided. All performance criteria must be met as this site develops. Additionally, many lots within the proposed planned development district exceed the minimum lot sizes for the R-1 District. (7) The city's zoning should insure Brenham's attractiveness for the future location of business and housing by preserving an attractive and safe community environment in order to enhance the quality of life for all of its residents. The property s development as a residential neighborhood is a continuation of existing development patterns in the area. (8) The city's zoning ordinance should preserve neighborhood culture by retaining and promoting land uses consistent with the community's plan for the development and/or redevelopment of its neighborhoods. Residential neighborhoods nearby should be preserved and the percentage of vacant land within this area will be reduced and therefore stabilize residential neighborhoods already existing in the area. (9) The city's zoning should protect existing and future residential neighborhoods from encroachment by incompatible uses. This request will not place incompatible uses within nearby existing neighborhoods since the proposed use is the same and the overall character is similar to other single family residential uses within the area. (10) The city's zoning should assist in stabilizing property values by limiting or prohibiting the development of incompatible land uses or uses of land or structures which negatively 3

22 impact adjoining properties. As mentioned above, additional single family residential development in this area will stabilize the existing residential uses by limiting the amount of vacant land available for potential unsuitable or incompatible development on tracts with frontage along FM 577. (11) The city's zoning should make adequate provisions for a range of commercial uses in existing and future locations that are best suited to serve neighborhood, community and regional markets. This tract is currently zoned residential and this proposed planned development only addresses an alternative development method that allows the developer to market the property to a specific consumer. This proposed development should not be incompatible in character with the surrounding residential neighborhoods. (12) The city's zoning should give reasonable accommodation to legally existing incompatible uses, but it should be fashioned in such a way that over time, problem areas will experience orderly change through redevelopment that gradually replaces the nonconforming uses. This property is largely vacant and no legally nonconforming uses are located here. (13) The city's zoning should provide for orderly growth and development throughout the city. This request conforms to the land use plan adopted in the Comprehensive Plan for this area. PLANNED DEVELOMENT DISTRICT GENERAL GUIDELINES: In addition to the zoning policies above, Planned Development Districts must also meet the following guidelines: (1) A Planned Development District shall conform to applicable regulations and standards established by this ordinance. The zoning regulations this PDD deviates from does not undermine the density requirements or intent of the single family residential zoning district. (2) A Planned Development District should be compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features. This is a request for a master planned single family residential development and is compatible with the surrounding residential neighborhoods in terms of scale and density. The requested deviations primarily are setback requirements and additional fire hydrants will be provided within this neighborhood. (3) A Planned Development District shall not create unfavorable effects or impacts on other existing or permitted uses on abutting sites that cannot be mitigated by the provisions of the planned development. 4

23 There are no foreseen unfavorable effects or impacts on the area. (4) A Planned Development District shall not adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed development and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. This property abuts a major transportation corridor, FM 577 and has secondary access to Mustang Road. These rights-of-ways can accommodate additional traffic generated by this development. (5) A Planned Development District must reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts. Drainage information will be required at the time of platting and a Homeowners Association will be created with bylaws and governing documents pertaining to the maintenance of the proposed detention areas. (6) A Planned Development District shall not adversely affect traffic control or adjacent properties by inappropriate location, lighting, or types of signs. The only traffic control anticipated is signs and will meet all applicable City standards. All streets are proposed to be private and may have limited public access. Gate codes and/or Knox Boxes will be provided to emergency service personnel as well as city utility crews. (7) A Planned Development District must protect the public health, safety, or welfare, and shall not be materially injurious to properties or improvements in the vicinity. This request should not have an impact on the public health, safety or welfare and should enhance the area. 5

24 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF BRENHAM, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO CHANGE PROPERTY CURRENTLY ZONED AS A RESIDENTIAL SINGLE FAMILY (R-1) DISTRICT TO A PLANNED DEVELOPMENT (PD) DISTRICT, SPECIFICALLY BEING APPROXIMATELY ACRES ON LAND GENERALLY LOCATED NORTH OF THE INTERSECTION OF SOUTH BLUE BELL AND MUSTANG ROADS AND BEING ALL OR PORTIONS OF TRACT 251 OUT OF THE JAMES WALKER SURVEY IN BRENHAM, TEXAS. WHEREAS, the City of Brenham has adopted Appendix A Zoning of the City of Brenham Code of Ordinances, as amended, which divides the City of Brenham into various zoning districts; and WHEREAS, this amendment was recommended for approval by the Brenham planning and Zoning Commission during its regular meeting on August 5, 2013; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BRENHAM, TEXAS, THAT APPENDIX A - "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF BRENHAM, TEXAS, AND THE OFFICIAL ZONING MAP BE AMENDED IN THE FOLLOWING MANNER: SECTION 1. That Appendix A - "Zoning" of the Code of Ordinances of the City of Brenham, Texas, and the Official Zoning Map of the City of Brenham is hereby amended to change property currently zoned as Residential Single Family (R-1) District to establish a Planned Development (PD) District for single-family residential uses on approximately acres being all or portions of Tract 251 out of the James Walker Survey in Brenham, Texas in accordance with the master development plan shown on Exhibit A and specifically including the following regulations: 1. Subdivision of land shall conform to the master development plan shown in Exhibit A. Exhibit A includes lot development plan, common area dedication, and private road right-of-way layout. The master development plan includes the following deviations from the Subdivision Ordinance: a. The Right-of-Way widths of the private right-of-ways may be reduced to 45 feet and pavement widths shall be 31 feet; b. Lots 3-7 in Block 3 and Lots 1-6 in Block 4 (as shown on the master development plan) shall be zero lot line homes. Zero lot line regulations within the Subdivision Ordinance apply with the following deviations: i. Front and rear setbacks shall be 10 feet. 6

25 c. Deviations from the Subdivision Design Guidelines include lay-down curbing, decorative street lighting, gates located at the entrances of the private street right-ofways, fire hydrants shall be located at every intersection; sidewalks; and landscaping within the private streets rights-of-ways. 2. Unless otherwise listed in this ordinance, the property located within the Planned Development District shall conform to the regulations found in the Residential Single-Family (R-1) zoning district of the Zoning Ordinance. The master development plan includes the following deviations from the Zoning Ordinance: a. Minimum side building setbacks are 7.5 feet and measured from the slab with no more than a 2-foot overhang; b. Minimum front and rear building setbacks are 10 feet and measured from the slab with no more than a 2-foot overhang; c. Impervious coverage and developed area of a lot shall be no more than 75% of the total lot area; and d. Lot 11 and is dedicated as common area and the following uses and development standards apply: i. Uses include sales office (temporary and allowed until all lots have been sold within the subdivision), private club house or entertainment area owned by the subdivision, or as a singlefamily residential dwelling; ii. Setbacks shall be 5 feet from all lot lines; iii. Impervious coverage and developed area of Lot 11 shall be no more than 75% of the total lot area; and iv. Two off-street parking spaces shall be provided. 3. Dedicated common areas owned and maintained by a homeowners association as shown on the master development plan shall be governed by a homeowners association; 4. A homeowners association shall be established, and all covenants, conditions, and restrictions and homeowners association governing documents approved by the City prior to approval of the final plat to ensure adequate maintenance of the common areas as shown on the master development plan; 5. A Maintenance Agreement with the City shall be approved and executed prior to filing of the final plat and such maintenance agreement shall outline maintenance responsibilities of any and all public and private infrastructure within the subdivision. 6. All adopted building codes shall apply. SECTION 2. This Ordinance shall take effect as provided by the Charter of the City of Brenham, Texas. 7

26 PASSED and APPROVED on its first reading this the day of September, PASSED and APPROVED on its second reading this the day of September, ATTEST: Milton Y. Tate, Jr. Mayor Jeana Bellinger, TRMC City Secretary 8

27 2. a. b. c. a. b. c. d. b.i. d.i. d.ii. d.iii. d.iv.

28 Memorandum To: Planning and Zoning Commission From: Julie Fulgham, Director of Development Services Date: August 5, 2013 Re: Text Amendment Uses in the Industrial District permitted by right or with specific use approval City staff recently received an inquiring pertaining to the regulation of slaughter house operations within the City. In reviewing the zoning ordinance, it was discovered that light manufacturing and heavy manufacturing uses are divided, but both are permitted uses in the Industrial zoning district. Staff believes this leaves the City exposed to development of these heavy manufacturing uses in areas that may not be compatible with such uses and believes heavy manufacturing uses prompt a review prior to their development within the City of Brenham. Therefore, staff recommends altering the list of uses permitted by right and add uses allowed with specific use approval. This proposed amendment would require these traditionally heavy manufacturing uses to receive specific use approval by City Council prior to their development. Below is a proposed text amendment to the zoning ordinance that revises the list of uses permitted by right or with specific use approval in the Industrial zoning district: PART II. DISTRICT REGULATIONS DIVISION 2 ZONING DISTRICT REGULATIONS Sec. 6. I Industrial District. (Sec. 6.01) Purpose. The district is established to provide for any industrial use that can meet applicable performance standards in areas that are mostly removed from existing residential and other commercial uses, but that provide good access to major transportation routes. The regulations of this district are intended to provide for the placement of any lawful industrial use that is in strict compliance with performance standards as provided in this ordinance. (Sec. 6.02) Permitted uses. Generally uses are permitted within the district as follows: (Light industrial uses) (1) Any use permitted in any of the aforementioned districts, excluding structures to be used as dwelling units. (2) Bottling works. (3) Contractor's yard. (4) Glass products, from previously manufactured glass. (5) Household appliance products assembly and manufacture from prefabricated parts. (6) Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke, or noise is emitted and not more than ten (10) twenty (20) percent of the lot or tract is used for the open storage, including the storage of products, materials, or equipment. (7) Musical instruments assembly and manufacture.

29 (8) Plastic products manufacture, but not including the processing of raw materials. (9) Sporting and athletic equipment manufacture. (10) Testing and research laboratories. (11) Textile mill products manufacturing. (12) Junkyards. (13) Meat processing (not including slaughter operations). (Sec. 6.03) Specific Uses (Heavy industrial uses) Uses that require approval of a specific uses permit within the district are as follows: (1) Acid manufacture. (2) Cement, lime, gypsum, or plaster-of-paris manufacture. (3) Distillation of bones and glue manufacture. (4) Fat rendering and fertilizer manufacture. (5) Magnesium manufacture or processing. (6) Paper or pulp manufacture. (7) Wrecking yards (automobile/vehicular) and junkyards subject to applicable performance standards. (8) Slaughter house operations. (9) Outdoor storage, including the storage of products, materials, or equipment that exceeds 20% of the lot (Sec. 6.04) Height regulations. No residential or nonresidential building shall exceed fifty-two (52) feet or four (4) stories. (Sec. 6.05) Area regulations*: *In the event that new development is adjacent to a use that falls within a different use category, a bufferyard shall be added to the applicable yard regulations (Part II, Division 1, Section 11, Table 3). (1) Size of yards: (a) Front yards: There shall be a front yard having a minimum depth of fifteen (15) feet. (b) Side yards: No side yard is required except as required for bufferyards. (c) Rear yards: There shall be a rear yard having a minimum depth of ten (10) feet. (2) Size of lot: (a) Lot area. No building shall be constructed on any lot of less than ten thousand (10,000) square feet. (b) Lot width. The width of the lot shall not be less than one hundred (100) feet at the front building line nor shall its average width be less than one hundred (100) feet. (c) Lot depth. The average depth of the lot shall not be less than one hundred (100) feet. (d) Legally existing nonconforming lots. Where a legally existing industrial site having less area, width, and/or depth than herein required existed upon the effective date of this ordinance, the above regulations shall not prohibit the use of the site for structures and uses as permitted in this district, provided the applicable setbacks as provided above shall be maintained. (3) Lot coverage. In no case shall more than eighty-five (85) percent of the total lot area be covered by the combined area of the main buildings, and accessory buildings and other impervious surfaces. (Sec. 6.06) Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Part II, Division I, Section 15 and Section 16 of this ordinance. (Sec. 6.07) Screening and fencing regulations. As provided in Part II, Division I., Section 11, Section 12 and Section 13 of this ordinance.