EXISTING HIGHLAND HILLS PD-M DISTRICT DEVELOPMENT PLAN DRAWING:

LOCATION MAP:

EXISTING HIGHLAND HILLS PD-M DISTRICT DEVELOPMENT PLAN DRAWING:

PROPOSED AMENDED HIGHLAND HILLS PD-M DISTRICT DEVELOPMENT PLAN DRAWING:

ORDINANCE NO. AN ORDINANCE OF THE CITY OF BRYAN, TEXAS, AMENDING CHAPTER 130, ZONING, OF THE CITY OF BRYAN CODE OF ORDINANCES, BY AMENDING AN EXISTING DEVELOPMENT PLAN FOR A PLANNED DEVELOPMENT MIXED USE DISTRICT (PD-M), SUBJECT TO DEVELOPMENT REQUIREMENTS SPECIFIED HEREIN, ON 8.34 ACRES OF LAND ADJOINING THE NORTHWEST SIDE OF HILLPOINT DRIVE BETWEEN WILDFLOWER AND HIGHPOINT DRIVES, BEING LOT 1B-2 IN BLOCK 1 OF THE HIGHLAND HILLS SUBDIVISION PHASE 2, IN BRYAN, BRAZOS COUNTY, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE MEETINGS AT WHICH SAID ORDINANCE IS PASSED ARE 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 amending the development plan of a Planned Development Mixed Use District (PD-M) on 8.34 acres of land adjoining the northwest side of Hillpoint Drive between Wildflower and Highpoint Drives, being Lot 1B-2 in Block 1 of the Highland Hills Subdivision Phase 2, in Bryan, Brazos County, Texas, was recommended for approval by the Bryan Planning and Zoning Commission during its regular meeting on March 2, 2017 (case no. RZ16-23); 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 amending the development plan of a Planned Development Mixed Use District (PD-M) on 8.34 acres of land adjoining the northwest side of Hillpoint Drive between Wildflower and Highpoint Drives, being Lot 1B-2 in Block 1 of the Highland Hills Subdivision Phase 2 in Bryan, Brazos County, Texas, said 8.34 acres being described more particularly by metes-and-bounds on attached Exhibit A, subject to development requirements specified in attached Exhibits B through B-3 which are herein fully incorporated by reference for all purposes as if they were set forth in the text of the ordinance. 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 meetings at which this ordinance was passed were 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 meetings was given. 6. This ordinance shall take effect immediately upon its second and final reading and passage. PRESENTED AND GIVEN first reading the 28 th day of March, 2017 at a regular meeting of the City Council of the City of Bryan, Texas; and given second reading, PASSED AND APPROVED on the 29 th day of March, 2017 by a vote of yeses and noes at a special meeting of the City Council of the City of Bryan, Texas. ATTEST: CITY OF BRYAN: Mary Lynne Stratta, City Secretary Andrew Nelson, Mayor APPROVED AS TO FORM: Janis K. Hampton, City Attorney

Exhibit A : METES AND BOUNDS DESCRIPTION OF AN 8.343 ACRE TRACT JOHN AUSTIN LEAGUE, A-2 BRYAN, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE JOHN AUSTIN LEAGUE, ABSTRACT NO. 2, BRYAN, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 1B-2, BLOCK 1, HIGHLAND HILLS SUBDIVISION PHASE 2 ACCORDING TO THE PLAT RECORDED IN VOLUME 12771, PAGE 207 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID LOT 1B-2 BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO OMG REAL ESTATE SOLUTIONS LLC RECORDED IN VOLUME 13566, PAGE 119 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ½ INCH IRON ROD FOUND (N:10229343.10, E:3555646.16) ON THE NORTHWEST LINE OF HILLPOINT DRIVE (60 R.O.W.) MARKING THE SOUTHEAST CORNER OF SAID LOT 1B- 2 AND THE EAST CORNER OF LOT 1-A OF SAID BLOCK 1. COORDINATES AND BEARING SYSTEM SHOWN HEREIN ARE NAD83 (TEXAS STATE PLANE CENTRAL ZONE GRID NORTH) BASED ON THE PUBLISHED COORDINATES OF THE CITY OF BRYAN CONTROL MONUMENT GPS-121 (N:10230582.08, E:3558378.59) AND AS ESTABLISHED BY GPS OBSERVATION; THENCE: N 43 25' 50" W ALONG THE COMMON LINE OF SAID LOTS 1B-2 AND 1-A FOR A DISTANCE OF 433.41 FEET (PLAT CALL: N 40 29' 33" W 433.34 FEET, 12771/207) TO A ½ INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID LOT 1-A; THENCE: S 46 33' 05" W CONTINUING ALONG SAID COMMON LINE FOR A DISTANCE OF 232.68 FEET (PLAT CALL: S 49 30' 27" W 232.64 FEET, 12771/207) TO A ½ INCH IRON ROD SET ON THE NORTHEAST LINE OF HIGHPOINT DRIVE (R.O.W. VARIES) MARKING THE WEST CORNER OF SAID LOT 1-A; THENCE: N 43 24' 36" W ALONG THE NORTHEAST LINE OF HIGHPOINT DRIVE FOR A DISTANCE OF 165.91 FEET (PLAT CALL: N 40 29' 33" W 165.88 FEET, 12771/207) TO AN X SET IN CONCRETE ON THE SOUTHEAST LINE OF BUDDY AVENUE (60 R.O.W.) MARKING THE WEST CORNER OF SAID LOT 1B-2; THENCE: ALONG THE SOUTHEAST LINE OF BUDDY AVENUE FOR THE FOLLOWING CALLS: N 46 35' 25" E FOR A DISTANCE OF 21.90 FEET (PLAT CALL: N 49 30 27 E 21.90 FEET, 12771/207) TO A 1/2 INCH IRON ROD SET MARKING THE BEGINNING OF A COUNTER- CLOCKWISE CURVE HAVING A RADIUS OF 460.05 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 02 39 FOR AN ARC DISTANCE OF 144.88 FEET (CHORD BEARS: N 37 34' 06" E 144.29 FEET) (PLAT CALL CHORD: N 40 29 08 E 144.27 FEET, 12771/207) TO A 1/2 INCH IRON ROD SET MARKING THE END POINT OF SAID CURVE;

N 28 32' 46" E FOR A DISTANCE OF 542.05 FEET (PLAT CALL: N 31 27 48 E 541.99 FEET, 12771/207) TO A 1/2 INCH IRON ROD SET MARKING THE NORTH CORNER OF SAID LOT 1B-2 AND THE WEST CORNER OF A CALLED 1 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO BRAZOS RIVER TRANSMISSION ELECTRIC COOP., INC. RECORDED IN VOLUME 145, PAGE 330 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 46 59' 31" E ALONG THE NORTHEAST LINE OF SAID LOT 1B-2 FOR A DISTANCE OF 543.71 FEET (PLAT CALL: S 44 04' 22" E 543.69 FEET, 12771/207) TO A ½ INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF THE REMAINDER OF RESERVE TRACT A, BRIARCREST RIDGE ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 35 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 43 08' 07" E ALONG THE COMMON LINE OF SAID LOT 1B-2 AND RESERVE TRACT A FOR A DISTANCE OF 38.42 FEET (PLAT CALL: N 45 55' 38" E 38.37 FEET, 12771/207) TO A ½ INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF WILDFLOWER DRIVE (R.O.W. VARIES) MARKING THE BEGINNING OF A COUNTER-CLOCKWISE CURVE HAVING A RADIUS OF 240.00 FEET; THENCE: ALONG THE SOUTHWEST LINE OF WILDFLOWER DRIVE FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 42 03 FOR AN ARC DISTANCE OF 74.15 FEET (CHORD BEARS: S 38 09' 24" E 73.85 FEET) (PLAT CALL CHORD: S 35 16 20 E 73.85 FEET, 12771/207) TO A 1/2 INCH IRON ROD FOUND MARKING THE END POINT OF SAID CURVE; S 46 58' 34" E FOR A DISTANCE OF 104.70 FEET (PLAT CALL: S 44 04 22 E 104.72 FEET, 12771/207) TO AN X FOUND IN CONCRETE MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 15.00 FEET. FOR REFERENCE, THE CITY OF BRYAN CONTROL MONUMENT GPS-121 BEARS: N 70 56 39 E FOR A DISTANCE OF 2543.76 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 19 13 FOR AN ARC DISTANCE OF 26.26 FEET (CHORD BEARS: S 03 58' 42" W 23.04 FEET) (PLAT CALL CHORD: S 06 56 35 W 23.07 FEET, 12771/207) TO A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF HILLPOINT DRIVE MARKING THE END POINT OF SAID CURVE; THENCE: ALONG THE NORTHWEST LINE OF HILLPOINT DRIVE FOR THE FOLLOWING CALLS: S 54 18' 39" W FOR A DISTANCE OF 142.62 FEET (PLAT CALL: S 57 12 42 W 142.58 FEET, 12771/207) TO A ½ INCH IRON ROD FOUND MARKING THE BEGINNING OF A COUNTER-CLOCKWISE CURVE HAVING A RADIUS OF 130.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 00 55 FOR AN ARC DISTANCE OF 27.26 FEET (CHORD BEARS: S 48 19' 32" W 27.21 FEET) (PLAT CALL CHORD: S 51 12 08 W 27.22 FEET, 12771/207) TO A 1/2 INCH IRON ROD FOUND MARKING THE END POINT OF SAID CURVE;

S 42 17' 10" W FOR A DISTANCE OF 80.13 FEET (PLAT CALL: S 45 11 35 W 80.22 FEET, 12771/207) TO A ½ INCH IRON ROD FOUND MARKING THE BEGINNING OF A COUNTER- CLOCKWISE CURVE HAVING A RADIUS OF 195.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 53 23 FOR AN ARC DISTANCE OF 74.50 FEET (CHORD BEARS: S 31 20' 52" W 74.05 FEET) (PLAT CALL CHORD: S 34 15 44 W 73.95 FEET, 12771/207) TO A 1/2 INCH IRON ROD FOUND MARKING THE END POINT OF SAID CURVE; S 20 25' 55" W FOR A DISTANCE OF 63.55 FEET (PLAT CALL: S 23 19 54 W 63.57 FEET, 12771/207) TO A ½ INCH IRON ROD FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 201.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 52 05 FOR AN ARC DISTANCE OF 83.73 FEET (CHORD BEARS: S 32 23' 11" W 83.13 FEET) (PLAT CALL CHORD: S 35 16 37 W 83.20 FEET, 12771/207) TO A 1/2 INCH IRON ROD FOUND MARKING THE END POINT OF SAID CURVE; S 44 16' 25" W FOR A DISTANCE OF 44.61 FEET (PLAT CALL: S 47 13' 20" W 44.65 FEET, 12771/207) TO THE POINT OF BEGINNING CONTAINING 8.343 ACRES OF LAND AS SURVEYED ON THE GROUND NOVEMBER, 2016. SEE PLAT PREPARED NOVEMBER, 2016, FOR MORE DESCRIPTIVE INFORMATION. DISTNACES SHOWN HEREIN ARE GRID DISTANCES. TO DETERMINE SURFACE DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 1.00011114808685 (CALCULATED USING GEOID12A).

Exhibit B : Development requirements for Planned Development Mixed Use District (PD-M), amending previously-approved development standards approved with Bryan City Council Ordinance no. 1861 for Lot 1B-2 in Block 1 of the Highland Hills Subdivision Phase 2 GENERAL PURPOSE AND DESCRIPTION The purpose of this amendment is to provide for lot sizing and the physical development of the proposed developable area within Lot 1B-2, in Block 1 of the Highland Hills subdivision, Phase 2. SECTION 1: LAND USE The following uses shall be permitted by right within this PD-M District: Accessory or incidental uses to the main use (snack or food bars, automatic teller machines, etc.); Accessory structures; Apartments; Automobile service station; Banks, savings and loans or credit union offices; Bed and breakfast; Business or trade school; Charitable uses; Child care--class B; Child care--class C; Commercial bakery; Commercial laundry; Condominiums; Dance studio; Essential municipal uses; Farm equipment sales and service; Fitness center; Fraternal/service organization; General office use (professional, administrative); Government (federal or state) owned structures, facilities, or uses; Hospital; Ice company (sales); Indoor archery and shooting range; Kiosk; Laboratory (scientific, research, medical, optical); Laundromats (self service washateria); Lumberyard; Medical facilities or clinics; Micro-assembly; Mini-warehouse or self storage; Motel or hotel; Motorcycle/ATV/UTV/boat sales and service; Museum/art gallery;

Multiple-family dwelling (apartment building, triplex, four-plex), greater than two dwelling units per structure; Nightclub or tavern; Nursery (greenhouse); Overnight delivery company; Package liquor store; Personal service shop or custom personal services; Pharmacies; Photography studio; Place of worship; Police station; Private utility office (no repair or outside storage); Radio or television broadcasting studio (without tower); Reception hall; Recreational/community center; Retail services (including incidental uses); Restaurant; Nursing home (retirement home); Schools; Studio; Theater Indoor; Temporary structures for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work; Townhouse; Veterinary services (no outdoor pens or runs). The following uses shall be permitted with prior approval of a Conditional Use Permit in this PD-M District: Automobile repair/sales/rental; College or university; Commercial amusement (outdoor); Heating or air conditioning sales or service; Municipal services support facilities; Office--Showroom/warehouse; Patio home (zero lot line dwelling); Plumbing service; Printing company. Single-family detached dwelling; Theater Outdoor. SECTION 2: PHYSICAL DEVELOPMENT Physical development within this PD-M District shall comply with development standards and limitations as they were adopted with Bryan City Council Ordinance No. 1861, with the following additional standards and/or exceptions: 1. The minimum lot dimensions for up to two lots intended for non-residential (commercial/retail) development shall be 125 feet wide and 160 feet deep, with a minimum lot size of 20,000 square feet.

2. All multi-family residential structures shall have an exterior facade of not less than 80% masonry. The building façade shall be calculated as the area from the foundation to the eave subtracting for windows and doors, on all elevations of the structure. Masonry shall be considered brick, stone (both natural and man-made), or stucco. 3. An area equal to 20% of the developed area (building site) of each lot shall be required to be landscaped. A combination of trees, shrubs, and ground cover shall be used to fulfill the landscaping requirement and shall be placed as an integral part of the development throughout the site. A portion of the landscaping shall be provided is the form of streetscaping. Streetscape refers to the design quality and visual effect along any public right-of-way (ROW). Landscaping along ROW (streetscaping) shall be in accordance with the following landscaping point system: a. 6 streetscaping points shall be provided per linear footage of a property s ROW frontage, subtracting for any driveway areas. b. At least 60 % of required streetscaping points shall be provided by canopy trees. c. All streetscaping shall be placed within 50 feet of a ROW. d. All landscaping materials used for streetscaping shall be in accordance with the City of Bryan s Code of Ordinances. e. All streetscaping shall also count towards any landscaping requirements of the development, as a whole, for which the streetscaping is placed. 4. A minimum parking ratio of 1.1 off-street parking spaces per bedroom shall be provided for multifamily residential developments. 5. Drainage easements shall not subtract from any lot dimensional requirements.

Exhibit B-1 : Development Plan

Exhibit B-2 : Development Plan Close-Up A

Exhibit B-3 : Development Plan Close-Up B

EXCERPT FROM PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES OF MARCH 2, 2017: 7. REQUESTS FOR APPROVAL OF ZONING CHANGES A PUBLIC HEARING WILL BE HELD FOR EACH ITEM (Commission makes recommendation; City Council has final approval). a. Rezoning RZ16-23: OMG Real Estate Solutions, LLC. A request to amend the development requirements for a portion of a previously-approved Planned Development Mixed Use District (PD-M), specifically to modify lot size standards for two lots intended for retail development, as well as establishing new development standards for one lot intended for multi-family residential development, on 8.2 acres of land adjoining the northwest side of Hillpoint Drive between Wildflower and Highpoint Drives, being Lot 1B-2 in Block 1 of the Highland Hills Subdivision Phase 2, in Bryan, Brazos County, Texas. (S. Doland) Ms. Doland presented the staff report (on file in the Development Service Department). Staff recommends approval of the request. The public hearing was opened. No one came forward. The public hearing was closed. Commissioner Regan moved to recommend approval of Rezoning RZ16-23 to the Bryan City Council, and to adopt the written staff report and analysis, as the report, findings and evaluation of the Commission. Commissioner Krolczyk seconded the motion. Commissioners commented that this is a fantastic project. The motion passed unanimously.

PLANNING AND ZONING COMMISSION STAFF REPORT March 2, 2017 Rezoning case no. RZ16-23: OMG Real Estate Solutions, LLC. CASE DESCRIPTION: LOCATION: APPLICANT(S): AGENT(S): STAFF CONTACT: a request to amend the development requirements for a portion of a previously-approved Planned Development Mixed Use District (PD-M), specifically to modify lot size standards for two lots intended for retail development, as well as establishing new development standards for one lot intended for multi-family residential development 8.34 acres of land adjoining the northwest side of Hillpoint Drive between Wildflower and Highpoint Drives, being Lot 1B-2 in Block 1 of the Highland Hills Subdivision Phase 2 OMG Real Estates Solutions, LLC J4 Engineering, Glenn Jones Stephanie Doland, Staff Planner SUMMARY RECOMMENDATION: Staff recommends approving the requested amendments to the previously-approved PD-M District.

BACKGROUND: The subject property is comprised of 8.34 acres of land adjoining the northwest side of Hillpoint Drive between Wildflower and Highpoint Drives, being Lot 1B-2 in Block 1 of the Highland Hills Subdivision Phase 2. The property is currently zoned Planned Development Mixed Use District (PD-M) and part of a 40-acre PD-M zoning district that was approved by the Bryan City Council on March 30, 2010 (case no. RZ10-01), and is referred to as the Highland Hills development. Within the Highland Hills PD-M District, land uses that are generally permitted in C-1 (Office) and C-2 (Retail) Districts are allowed by right. In addition, the following uses are also allowed by right: 1. commercial bakery; 2. farm equipment sales and service; 3. ice company (sales); 4. commercial laundry; 5. lumberyard; 6. nightclub or tavern; 7. overnight delivery company; 8. motorcycle/atv/utv/boat sales and service; 9. apartments; 10. condominiums; 11. mini-warehouse or self storage; 12. multiple-family dwelling (apartment building, triplex, four-plex), greater than two dwelling units per structure; and 13. townhouse

Physical development within this PD-M District generally complies with the development standards that apply to lots in Retail (C-2) Districts (C-2), with some exceptions and/or additional standards. The subject property is surrounded by the same PD-M zoning of which it is a part on three sides: vacant land to the south and northeast, an existing apartment development ( Highland Villas ) to the southeast, and 6 acres of vacant land to the northeast of the subject property, across Buddy s Avenue, were approved for automobile sales use on December 14, 2014 (case no. CU14-13). However, the 6-acre tract remains vacant and no improvements were ever built for the use of automobile sales. Immediately north of the subject property the property is land zoned Agricultural Open District (A-O) and developed with officewarehouse uses. In the general vicinity of the subject property, land uses vary from a mixture of multiplefamily residential development such as apartments, four-plexes and single-family detached dwelling units. The image below denotes the original 40-acre Highland Hills development PD-M district in red, and various land uses surrounding the PD-M district. Highland Hills development, Planned Development Mixed-Use district (PD-M), 2010 Aerial image During its meeting on February 9, 2010, the Bryan City Council voted to approve the inclusion of these 40 acres within the boundary of TIRZ 1 22 to attract new investment in the area and help increase the City s ad 1 Tax Increment Reinvestment Zones (TIRZ) are special zones created by City Council to attract new investment to an area. TIRZs help finance the cost of development by setting aside taxes attributable to new improvements (tax increments) in a fund to finance public improvements within the boundaries of the zone.

valorem and sales tax base. The TIRZ 22 project and finance plan to include projects and costs associated with development of the subject property. Project funding included $4.2M in either certificates of obligation or tax increment revenue bonds in the amounts of $1.9M in 2010, $1.2M in 2011, and $1.1M in 2012. The forecasted statement of cash flows reflects full participation by the City of Bryan through 2027 and Brazos County participation through 2022. Since the inclusion of these 40 acres in the TIRZ 22 project and the adoption of the PD-M zoning district, public infrastructure in the form of public water, sanitary sewer, storm water and the rights-of-way of Hillpoint Drive and Highpoint Drive have been developed. In addition to public infrastructure, the Highland Villas apartments, WoodSpring Suites Hotel, Taco Casa and McDonald s restaurant, and Stripes convenience store and fuel station have been developed on land within the Highland Hills PD-M District. The subject property is owned by OMG Real Estates Solutions, LLC. The applicants are requesting to amend the development requirements for these 8.34 acres, specifically to modify lot size standards for two lots intended for retail development, as well as establishing new development standards for one lot intended for multi-family residential development. The applicants intend to develop a multiple-family residential development in the form of 35 four-plex units with a total of 280 bedrooms on a majority of these 8+ acres. In order to develop the subject property as planned, the applicants are proposing the following modifications to the existing PD-M District development standards: 1. The minimum lot dimensions for two Commercial/Retail development shall be 125 feet wide and 160 feet deep, with a minimum lot size of 20,000 square feet 2. All multi-family structures shall have an exterior facade of not less than 80% masonry. The building façade shall be calculated as the area from the foundation to the eave subtracting for windows and doors, on all elevations of the structure. Masonry shall be considered brick, stone (both natural and man-made), or stucco. 3. An area equal to 20% of the developed area (building site) shall be required to be landscaped. A combination of trees, shrubs, and ground cover shall be used to fulfill the landscape requirement and shall be placed as an integral part of the development throughout the site. A portion of the landscaping shall be provided is the form of streetscaping. Streetscape refers to the design quality and visual effect along any public right-of-way (ROW). Landscaping along ROW (streetscaping) shall be in accordance with the following landscaping point system: a. 6 streetscaping points shall be provided per linear footage of a property s ROW frontage, subtracting for any driveway areas. b. At least 60 % of required streetscaping points shall be provided by canopy trees. c. All streetscaping shall be placed within 50 feet of a ROW. d. All landscaping materials used for streetscaping shall be in accordance with the City of Bryan s Code of Ordinances. e. All streetscaping shall also count towards any landscaping requirements of the development, as a whole, for which the streetscaping is placed. 4. A minimum parking ratio of 1.10 spaces per bedroom shall be provided for multi-family residential developments. 5. Drainage easements shall not subtract from any lot dimensional requirements.

EXISTING SITE CONDITIONS: View from Hillpoint Drive looking north View from Hillpoint Drive looking south

EXCERPT FROM ZONING CHANGE REQUEST FORM:

EXISTING HIGHLAND HILLS PD-M DISTRICT DEVELOPMENT PLAN DRAWING:

PROPOSED AMENDED HIGHLAND HILLS PD-M DISTRICT DEVELOPMENT PLAN DRAWING FOR BLOCK 1, LOT 1B-2:

EXCERPT FROM FUTURE LAND USE PLAN MAP:

RELATION TO BRYAN S COMPREHENSIVE PLAN, (BLUEPRINT 2040): The City of Bryan Comprehensive Plan is the framework for the establishment of zoning and other regulatory tools. The current plan includes policies and recommendations related to the various physical aspects of the community. These aspects are supported by a set of goals and objectives. The following excerpts from the Comprehensive Plan may be relevant for consideration of this request: The Future Land Use Plan (as shown on previous page) suggests the subject property is located in an area where retail land uses are envisioned. The retail land use category is intended for businesses that have goods for purchase. The Comprehensive Plan suggests that, retail properties should have visibility and be located along arterial roadways and serve as a buffer between higher and lower intensity uses (pg. 158). The following land use policies apply to redevelopment and infill: The City of Bryan should encourage and promote compatible redevelopment and/or infill in areas where these activities will benefit the City as a whole and the area specifically. Consideration should be given to the extension and augmentation of public services and facilities that may be required to accommodate redevelopment and/or infill. Areas specifically identified or targeted for redevelopment and/or infill should be delineated so that it is clear where the City s efforts will be directed. The City should encourage flexibility when drafting special regulations or plans geared toward redevelopment and/or infill projects. Residential redevelopment and/or infill must be sensitive to the context within which it occurs. Contextual standards shall be included to ensure compatibility with surrounding residential areas to include lot size, setbacks, density, building height and mass, and architectural design. 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 area surrounding these 8.34 acres is developed with a variety of land uses. Immediately south and north, across Buddy s Avenue, from the subject property, are properties zoned PD-M district and part of the original 40-acre PD-M zoning district known as Highland Hills. Across Hillpoint Drive from the subject property is a multiple-family residential development in the form of apartments. To the east of the subject property the land is zoned Agricultural Open (A- O) and is developed with office-warehouses. To the southwest, across Highpoint Drive the land is zoned Commercial District (C-3) and is either vacant or developed with a car dealership. Staff contends that the proposed mixed-use development of both multiple-family residential development and retail/commercial uses is compatible with existing land or allowed uses in the general vicinity of the subject property. The existing Highland Hills PD-M zoning district allows the use of both multiple-family residential development in the form of four-plexes as well as a variety of office, retail and commercial uses by right. The proposed PD-M District amendment does not propose any

changes to the land uses currently allowed by right (or special approval) on the subject property. Rather, the proposed PD-M District amendment proposes changes only to the development standards within the existing PD-M District. The subject property lies in an area that the Comprehensive Plan suggests for retail development. The PD-M zoning district approved in 2010 envisioned a mixed-use development here within which multi-family residential developments are also allowed by right. The proposed amendment will still allow for retail development on at least two lots with a multi-family development wedged in between. Staff believes that the proposed arrangement of land uses still comply with the land use policies of the Comprehensive Plan and the original intent of the Highland Hills PD-M District. Multi-family residential use at this location may also provide a useful transition in land use intensities from the single-family residential neighborhood to the northwest, across Wildflower Drive, to retail development in the remaining land of the Highland Hulls development. 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. Staff believes that the existing layout of streets surrounding the subject 8.34-acre tract and within this 40-acre PD-M District will provide for the smooth circulation of traffic for this development and in this vicinity. The subject property has access to an 8-inch sanitary sewer line along Buddy s Avenue and a 12-inch water line along Hillpoint Drive. Staff is not aware of any circumstances that would prevent this property to have access to required utilities. 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. The closest vacant land zoned for mixed-use development, such as multiple-family residential development or retail development is located immediately south of the subject property and to the north across Buddy s Avenue. Staff believes that this PD-M District development plan amendment 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 commercial and residential developments are developing at a moderate to rapid pace in this general vicinity and elsewhere in the City. 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. If the proposed PD-M District development plan amendment were approved, staff believes there to be no need to modify the zoning designation for the remaining 31+ acres a part of the Highland Hills PD-M zoning district or other areas designated for similar developments in Bryan. 6. Any other factors affecting health, safety, morals, or general welfare. Staff is unable to discern any other factors related to this proposed PD-M District development

plan amendment for the subject 8.34-acre tract that will adversely affect health, safety, morals, or general welfare. Staff contends that the proposed multiple-family residential development and retail/commercial lots at this location will allow for a useful and orderly urban development of this property. In addition, the Planning and Zoning Commission shall not approve a planned development if it finds that the proposed planned development does not conform to applicable regulations and standards established by Section 130-125 of the Zoning Ordinance: 1. Is not 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, within the standards established by this section. Staff believes that the proposed PD-M District development plan amendment and will be compatible with existing and anticipated uses surrounding this property. The proposal modifies the existing development standards for multiple-family residential development for this part of the Highland Hills PD-M District, to include more restrictive standards for the one lot intended for the development of 35 four-plex units. Additional off-street parking at a ratio of 1.1 spaces per bedroom is proposed. The current ordinance requires 1 space per bedroom. Multiple-family residential units are proposed to be built with no less than 80% masonry façade, including, brick, stone or stucco (see example building elevations below). The proposal also includes increased landscaping requirements. If approved, all development within the 8.34 acre tract, residential or non-residential, will be developed with area equal to 20%

of the developed area (building site). The required landscaping would include streetscaping along all public rights-of-way (ROW) such that 6 points be provided per linear footage of ROW frontage, that at least 60 % of required points be provided by canopy trees, and all that streetscaping be place within 50 feet of the ROW. Staff believes that the proposed development requirements for this mixed-use development will be compatible with existing and permitted uses on adjacent properties and in the general vicinity. 2. Potentially creates unfavorable effects or impacts on other existing or permitted uses on abutting sites that cannot be mitigated by the provisions of this section. Staff is unable to identify any potentially adverse effects or impacts on other existing or permitted uses on abutting sites that cannot be mitigated by the provisions of the proposed PD-M District for these 8+ acres. 3. Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. Staff contends that the proposed development standard modifications will not adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity. While any new development at this location will increase the flow of traffic, it is important to note that the subject property is close proximity to State Highway 6, classified as a freeway and Wildflower Drive, classified as a major-collector on the City s Thoroughfare Plan. The connectivity from local streets to a freeway and a major-collector can reasonably be expected to provide for adequate and safe traffic circulation typically associated with general commercial/multiple-family residential development at this location. 4. Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs. Staff contends that this request will not adversely affect traffic control or adjacent properties by inappropriate location, lighting, or types of signs. 5. Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts. Staff contends that the proposed development standard modifications for this part of the Highland Hills development will still protect persons and property from hazards. A 1+ acre detention pond is proposed for this part of the Highland Hills Development. 6. Will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the commission. Staff is unable to discern any additional detrimental impacts not already identified in this staff report.

RECOMMENDATION: Based on all of the aforementioned considerations, staff recommends that the Planning and Zoning Commission recommend to the City Council to approve the requested amendments to the Planned Development Mixed Use (PD-M) zoning district on the subject property.