LOCATION MAP:

AERIAL PHOTOGRAPH, 2017:

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 RESIDENTIAL DISTRICT – 5000 (RD-5) TO COMMERCIAL DISTRICT (C-2), ON 3.18 ACRES OF LAND BEING LOTS 5, 6R AND 7R IN BLOCK 7 OF THE WOODVILLE ACRES SUBDIVISION – PHASE 3, ADJOINING THE EAST SIDE OF THE NORTH EARL RUDDER FREEWAY EAST FRONTAGE ROAD APPROXIMATELY 430 TO 800 FEET NORTH OF ITS INTERSECTION WITH STEVENS DRIVE AND CURRENTLY ADDRESSED AS 2214 AND 2220 NORTH EARL RUDDER FREEWAY 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 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 Residential District – 5000 (RD-5) to Commercial District (C-3), on 3.18 acres of land being Lots 5, 6R and 7R in Block 7 of the Woodville Acres Subdivision – Phase 3, adjoining the east side of the North Earl Rudder Freeway East Frontage Road approximately 430 to 800 feet north of its intersection with Stevens Drive in Bryan, Brazos County, Texas, was recommended for approval by the Bryan Planning and Zoning Commission during its regular meeting on March 7, 2019 (case no. RZ19-08);

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 Residential District – 5000 (RD-5) to Commercial District (C-3), on 3.18 acres of land being Lots 5, 6R and 7R in Block 7 of the Woodville Acres Subdivision – Phase 3, adjoining the east side of the North Earl Rudder Freeway East Frontage Road approximately 430 to 800 feet north of its intersection with Stevens Drive in Bryan, Brazos County, Texas, said 3.18 acres being depicted on attached Exhibit “A”.

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 9th day of April 2019 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

Exhibit “A”:

EXCERPT FROM PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES OF MARCH 7, 2019:

d. Rezoning RZ19-08: BCB Joint Venture & James Woods

A request to change the zoning classification from Residential District – 5000 (RD-5) to Commercial District (C-3) on 3.18 acres of land adjoining the east side of the North Earl Rudder Freeway East Frontage Road, approximately 430 to 800 feet north of its intersection with Stevens Drive, being Lots 5, 6R, 7R in Block 7 of the Woodville Acres Subdivision – Phase 3, and currently addressed as 2214 and 2220 North Earl Rudder Freeway in Bryan, Brazos County, Texas. (K. Williams) Ms. Williams presented the staff report (on file in the Development Services Department). Staff recommends approval of the request. The public hearing was opened. Mr. Josh Isenhour, 3828 S College Ave, Bryan, TX, applicant in favor of the request, came forward and stated that a 75-ft building setback will apply to the property adjoining existing residential development. The public hearing was closed. Commissioner Incardona moved to recommend approval of Rezoning RZ19-08, 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 Torres seconded the motion. Commissioners thanked the applicant for his work to improve the subject property. The motion passed unanimously.

PLANNING AND ZONING COMMISSION STAFF REPORT March 7, 2019

Rezoning case no. RZ19-08: 2220 & 2214 N Earl Rudder Freeway

CASE DESCRIPTION: a request to change the zoning classification from Residential District –

5000 (RD-5) to Commercial District (C-3) LOCATION: 3.18 acres of land being Lots 5, 6R and 7R in Block 7 of the Woodville

Acres Subdivision – Phase 3, adjoining the east side of the North Earl Rudder Freeway East Frontage Road approximately 430 to 800 feet north of its intersection with Stevens Drive and currently addressed as 2214 and 2220 North Earl Rudder Freeway in Bryan, Brazos County, Texas.

EXISTING LAND USE: light industrial/commercial buildings PROPERTY OWNER: BCB Joint Venture/James Woods APPLICANT: Josh Isenhour STAFF CONTACT: Katie Williams, Staff Planner SUMMARY RECOMMENDATION: Staff recommends approving this rezoning request.

AERIAL VIEW (2017)

BACKGROUND: The applicant, Josh Isenhour, on behalf of property owners BCB Joint Venture and James Woods, is requesting to change the zoning classification on approximately 3.19 acres of land from Residential District – 5000 (RD-5) to Commercial District (C-3). The existing businesses located on the subject properties have been operating as commercial businesses since the early 1980s, prior to the adoption and implementation of zoning in 1989. Adjacent properties located to the northwest, which are similar in use and intensity, are currently zoned C-3. The properties to the southeast are zoned RD-5, and are improved with older construction stick-built and manufactured homes. Properties to the northeast are zoned Mixed-Use Housing District (MU-1), and are similarly improved with older construction manufactured homes. The properties directly north of the subject properties are not within Bryan city limits, however they are mostly unimproved. The applicant is requesting to rezone the subject properties in order to bring the existing businesses into conformance, as they have been considered non-conforming uses since zoning was adopted and the properties were classified RD-5.

EXCERPT FROM REZONING APPLICATION:

PHOTOS OF EXISTING CONDITIONS ON THE SUBJECT PROPERTIES:

REZONING EXHIBITS:

EXCERPT FROM THE FUTURE LAND USE PLAN MAP:

RELATION TO BRYAN’S COMPREHENSIVE PLAN:

Blueprint 2040, adopted October 25, 2016, serves as the framework for the establishment of zoning and other regulatory tools. The 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 Future Land Use Plan (as shown on previous page) identifies the subject property is located in an area of the city reserved for commercial and high intensity office uses. Staff submits that given the present circumstances and existing pattern of development, the Planning and Zoning Commission should consider the following when making a decision regarding this particular request:

Commercial uses are more intense than retail establishments, yet also provide goods and services for the public. The following are policies to guide development of commercial areas:

Chapter 5: Land Use

Located along major arterial, super arterial, and freeway corridors. Outside storage associated with commercial activity should be screened from the primary

roadway Commercial activity should be buffered from low density residential areas through the use of

enhanced landscaping, increased rear setbacks, the use of medium density residential, floodplains, or other man-made features.

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 bring two non-conforming uses into conformance. The businesses located at 2220 and 2214 North Earl Rudder Freeway have always been operated as commercial buildings, and there are no immediate plans to divert from that. Adjacent properties to the north are similar in use and are classified as C-3 zoning district, which is consistent with what the applicants are requesting. Staff further contends that a change to the C-3 zoning district is appropriate within the adopted goals and land use policies set out in BluePrint 2040.

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 contends that North Earl Rudder Freeway as well as the frontage road are capable of accommodating traffic loads typically associated with commercial development. The subject properties, as well as the adjacent properties to the north, have operated as commercial

businesses for over 20 years, and any plans for providing enhanced public services would have been developed with the properties’ existing uses in mind. Staff finds the subject properties to be adequately served by public infrastructure, e.g. water, sanitary sewers and roadway network, and is unaware of plans for augmenting or renovating these systems at this time.

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.

4 acres of land approximately 800 feet from the subject properties were recently annexed and designated as C-3. There is also a 12-acre tract of undeveloped C-3 land approximately .3 miles south of the subject properties. Staff believes that rezoning the subject properties, which have been operating as commercial buildings for over 20 years, would not make this nearby vacant land unavailable for development. Staff believes that a rezoning of the subject properties from RD-5 to C-3 will strengthen the City’s goal to encourage compatible development and uses.

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. Development of C-3 properties is proceeding at a moderate pace in both the vicinity of the subject property and citywide. Staff believes that the subject properties’ existing and historic uses of light industrial businesses is more compatible with the requested C-3 zoning than the existing RD-5 zoning.

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 zone change is approved, staff believes there to be few, if any, effects on other areas designated for similar developments. The subject properties have been improved with commercial use buildings prior to the City’s adoption of zoning in 1989. The requested rezoning would allow for the expansion of current uses and structures by right, which will provide the owners of the subject properties opportunities to grow and remain compatible with the surrounding commercial uses.

6. Any other factors affecting health, safety, morals, or general welfare.

The subject properties are located adjacent to several similar businesses which are already zoned Commercial District (C-3). The businesses on the subject property have been operating as commercial and light industrial uses since before zoning was implemented in the city of Bryan. Staff contends that changing the zoning of the subject properties from Residential District – 5000 to Commercial District will have no effect on the health, safety, morals, or general welfare of the public.

RECOMMENDATION:

Staff recommends approving the proposed C-3 zoning, as requested.