Annexation ANNEX19-04: City of Bryan City-initiated annexation of - - PowerPoint PPT Presentation

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Annexation ANNEX19-04: City of Bryan City-initiated annexation of - - PowerPoint PPT Presentation

Annexation ANNEX19-04: City of Bryan City-initiated annexation of approximately 1,500 acres of land generally located west of North Harvey Mitchell Parkway (FM2818) between Mumford Road and Texas State Highway 6, including the Bryan Independent


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Annexation ANNEX19-04: City of Bryan

City-initiated annexation of approximately 1,500 acres of land generally located west of North Harvey Mitchell Parkway (FM2818) between Mumford Road and Texas State Highway 6, including the Bryan Independent School District Career and Technical Education Complex and the Texas Triangle Park Inland Port, in Bryan’s extraterritorial jurisdiction (ETJ) in Brazos County, Texas.

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Annexation ANNEX19-04: City of Bryan

  • On January 8, 2019, City Council approved a resolution directing city staff to initiate municipal

annexation proceedings for ~1,500 acres of land around and including Texas Triangle Park.

  • Bryan’s Comprehensive Plan (“BluePrint2040”) recommends annexing corridor frontage and key

growth areas.

  • Annexation would enable the City to ensure that the environs around RELLIS Campus will be

protected over the long term to ensure that only quality development emerges around this community asset.

  • 39 separate tracts, including several City-owned properties, the Texas Triangle Park Inland Port,

and the Bryan Independent School District Career and Technical Education (CTE) Complex.

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Annexation ANNEX19-04: City of Bryan

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Annexation ANNEX19-04: City of Bryan

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7 residential structures ~18 residents (avg. 2.65 per household) 3.4 miles of county roadways 116 Kyle Fields

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Annexation ANNEX19-04: City of Bryan

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Annexation ANNEX19-04: City of Bryan

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TLGC Chapter 43 Development Agreements

  • Development agreement offer to owners of land appraised for ad valorem tax purposes as land

for agricultural (“AG exempt”).

  • If accepted, the agreement will guarantee the continuation of the extraterritorial status of these

property owners’ properties.

  • The intent is to allow property owners who truly intend to continue using their land, for example,

for agricultural purposes, to remain outside the city limits. (State law requirement)

  • On February 13, 2019, staff mailed non-annexation agreements to the owners of 5 qualifying

properties in the areas proposed for annexation around the Texas Triangle Park area.

  • Currently, three (3) signed agreements have been returned.
  • In addition, existing agreement with Axis Pipe and Tube for existing facility (until January 2024).
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OSV Map

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MAP

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In February 2015, Mark Kristen, of Kristen Distributing Company, had submitted an owner- initiated request for annexation. Annexation of Mr. Kristen’s 25-acre property along State Highway 6 was not possible without the annexation of additional land that is at least 1,000 feet in width, per State law. On January 17, 2019, during its regular meeting, the City of Bryan and Brazos County Economic Development Foundation, Inc. (EDF) Board of Directors voted to approve the annexation of EDF-

  • wned properties in support of the City of Bryan’s

proposal to annex land in and around the Texas Triangle Park area.

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Annexation ANNEX19-04: City of Bryan

Staff recommends approving the proposed annexation of these approximately 1,500 acres:

  • Approving the proposed annexation will bring 1,500 acres land under the full regulatory control
  • f the City.
  • Annexation of this acreage can therefore help promote orderly urban growth and development in

north Bryan.

  • The area proposed to be annexed adjoins the current city limits, has regular, logical boundaries

and meets annexation criteria adopted by Council with Resolution No. 3128 on November 13, 2007, which were established to provide the City Council guidance on annexation decisions.

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Annexation ANNEX19-04: City of Bryan

Staff recommends assigning a combination of Agricultural – Open (A-O) District zoning and Planned Development – Industrial (PD-I) District zoning to these 1,500 acres upon annexation:

  • Any use permitted in the Industrial (I) District is proposed to be permitted in the PD-I District zoning,

excluding adult entertainment uses.

  • PD-I District zoning for part of the area proposed to be annexed conforms to the recommendations of

Bryan’s Comprehensive Plan (Blueprint2040) which recommends light industrial use for most of the area.

  • A-O District zoning is intended for principally undeveloped or vacant land situated on the fringe of an urban

area and used primarily for agricultural purposes, but may become an urban area in the future.

  • Any land uses in existence on the effective date of annexation that do not comply with the land use

regulations of the A-O District or PD-I designations will be considered legally non-conforming (“grandfathered”) land uses and will be allowed to continue and retain that status, subject to the stipulations of Bryan’s Zoning Ordinance Section 130-40 for such uses.

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Annexation ANNEX19-04: City of Bryan

Staff recommends assigning a combination of Agricultural – Open (A-O) District zoning and Planned Development – Industrial (PD-I) District zoning to these 1,500 acres upon annexation:

  • Assigning the combination of A-O District and PD-I District zoning to the newly annexed area as

recommended will create a situation where four properties, parts of which are already located within the City limits of Bryan along North Harvey Mitchell Parkway (FM 2818), will have two different zoning classifications: a combination of A-O and PD-I District and a combination of I and PD-I District, respectively.

  • Staff recommends that the Planning and Zoning Commission and/or the City Council initiate a rezoning of

the parts of those properties that are already located in the City limits, to create a unified zoning pattern in this area in the future.

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OPTIONS:

The Planning and Zoning Commission can recommend to the City Council:

  • 1. this proposed zoning district arrangement (A-O and PD-I), as recommended by staff;
  • 2. A-O District zoning for all land in this proposed annexation area; or
  • 3. that another zoning classification be assigned to tracts within this proposed annexation area.

The City Council will make a final decision regarding zoning in the newly annexed area when considering the annexation ordinance during a special meeting scheduled for 6pm on May 28, 2019. The proposed effective date of annexation is June 1, 2019.

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Questions

Annexation ANNEX19-04: City of Bryan

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Bryan Code of Ordinances, Chapter 130 - Zoning

Proposed Public hearing, presentation, and consideration of an

  • rdinance to amend the text of the Bryan Code of Ordinances, Chapter

130 – Zoning by eliminating all of Section 130-29 - Mixed Use Residential District (MU-1); converting the depiction of all parcels of land currently described on the Official Zoning District Map as MU-1 to Residential District – 5000 (RD-5); and removing all references to the Mixed Use Residential District (MU-1) from other parts of the City of Bryan Code of Ordinances, specifically Chapters 38 – Environment; 62 – Land and Site Development; 98 – Signs; and 118 – Traffic and Vehicles.

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Manufactured Housing in Bryan

The Comprehensive Plan, Blueprint 2040, identifies several factors that relate to standards of residential development in some areas of Bryan that merit review and possible action to produce positive change. Specifically addressed in the plan is the issue of Mixed Use - Residential District (MU-1) zoning and manufactured housing.

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  • Significant component of the local affordable housing market
  • The design life of a manufactured home is much shorter than that of a

“site-built” house

  • State law provides that owners of mobile/manufactured homes are

allowed to replace an existing mobile or manufactured home with a newer, larger manufactured home.

  • Given this policy, it will take many years to replace dilapidated units with

site-built homes.

  • the City should consider establishing incentives to encourage owners to

replace mobile/manufactured homes with site-built homes.

The following guidelines should be incorporated into revised zoning standards for manufactured homes:

  • Rezone MU-1/MU-2 areas to single family, where possible.
  • All new manufactured homes should:
  • be attached to a permanent foundation,
  • comply with all standards that a site-built home must observe,
  • meet minimum exterior and roof pitch standards.
  • review replacements on a lot by lot basis.
  • Limit manufactured homes to specific appropriate areas.

Blueprint 2040 - Manufactured Housing

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General purpose and description.

The MU-1, mixed use residential district is a special and unique zoning district, which will be appropriate to smaller lots in relatively few areas of the city. The district is intended as an interim zoning classification to aid in transition of certain areas of the city to a permanent zoning district classification in the future.

  • Sec. 130-29. - MU-1, mixed use residential district

Permitted uses All uses permitted in a RD-5 district with the addition of:

  • Manufactured homes on individual lots.

Conditional uses Any conditional use allowed in a RD-5 district with the addition of:

  • Manufactured housing land lease communities.
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Mixed Use Residential District (MU-1) Properties

2,606 parcels * 1,167 owners

* Brazos Central Appraisal District (BCAD) Data

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Mixed Use Residential District (MU-1) Properties

2,606 parcels * 1,167 owners

* Brazos Central Appraisal District (BCAD) Data

~750 manufactured homes (29%) ~173 declared homestead (23% / 7%) Ownership: 666 declared homestead (26%) 959 same address (37%)

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Mixed Use Residential District (MU-1) Properties

* Brazos Central Appraisal District (BCAD) Data

Approximately 600 vacant parcels *

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Subcommittee Findings

1. manufactured housing is a major affordable housing resource that must satisfy national construction and safety standards; 2. manufactured housing has been a significant component of the local affordable housing market; 3. there are common concerns about the quality, appearance, durability and lack of price appreciation of manufactured housing, and the perceived negative impact these factors have on neighboring property values; 4. such concerns are driven by the existence of dilapidated manufactured housing units that have, through normal wear and tear or lack of proper maintenance, passed the end of their service life but are still in use as dwellings; 5. continuing to allow the installation of manufactured homes on individual lots will create conditions having a long-term negative effect on the welfare of the public; 6. the Mixed Use - Residential District (MU-1), the only district which allows manufactured homes on individual lots by right, was established 30 years ago as a temporary district classification;

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Subcommittee Findings

7. the zoning ordinance should be amended by eliminating the MU-1 District and converting all existing properties so zoned to Residential District – 5000 (RD-5) 8. the conversion of MU-1 to RD-5 will effect approximately 2,606 properties; 9. the conversion of MU-1 to RD-5 will render approximately 750 existing mobile / manufactured homes a legal nonconforming use (grandfathered);

  • 10. Owners of currently vacant MU-1 properties should be offered a brief, (90-day)
  • pportunity to request from the P&Z approval of installation of a manufactured

home for purposes of owner occupancy. Approval of such requests should be based on individual circumstances;

  • 11. the City should consider establishing incentives to encourage owners to replace

mobile/manufactured homes located on individual lots with site-built homes.

  • 12. the conversion of MU-1 to RD-5 may reduce the availability of a type of affordable

housing;

  • 13. manufactured housing should be allowed in Bryan within licensed manufactured

home communities;

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Amend the text of the Bryan Code of Ordinances:

  • Chapter 130 – Zoning by eliminating all of Section 130-29 - Mixed Use Residential

District (MU-1);

  • converting the depiction of all parcels of land currently described on the Official

Zoning District Map as MU-1 to Residential District – 5000 (RD-5);

  • removing all references to the Mixed Use - Residential District (MU-1) from other

parts of the City of Bryan Code of Ordinances, specifically Chapters:

  • 38 – Environment;
  • 62 – Land and Site Development;
  • 98 – Signs, and;
  • 118 – Traffic and Vehicles.

Proposal

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Recommendation

Convert all MU-1 properties to RD-5:

  • Dilapidated manufactured housing has negative impact on

surrounding values.

  • Allowing manufactured homes on individual lots will have a

long-term negative effect on the welfare of the public.

  • The initial impact will be to currently undeveloped (vacant)

individual lots.

  • No immediate effect upon existing manufactured homes.
  • Existing manufactured homes may remain.
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Recommendation

Convert all MU-1 properties to RD-5:

  • owners of existing homes allowed a one-time replacement.
  • The proposal will diminish the housing-type options; fewer
  • ptions may reduce the availability of affordable housing.
  • Individual manufactured houses remain potentially allowed

by approval of a Conditional Use Permit (CUP) on lots in the A-O District.

  • Manufactured housing still allowed in the 24 licensed

manufactured housing communities.

  • New manufactured housing communities potentially

allowed by prior approval of a CUP in the A-O District, MU-2 District and the MF District.

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Public Notification

  • The proposal has the effect of rezoning MU-1 properties.
  • Staff treated the proposal in the same manner as a request

for rezoning;

  • specifically, by notifying all owners of property zoned MU-1

and owners of property located within 200 feet.

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Public Notification

Mailed Notification

  • posted March 7, 2019
  • 2,603 to owners of property within MU-1 District
  • 903 to owners of property within 200 feet of an MU-1 District
  • $2,134

Citizen Responses

  • 46 calls requesting information
  • 11 written responses
  • 3 in-office inquiries
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City Council: The City Council is tentatively scheduled to receive and consider the advice and recommendations of the P&Z regarding this proposal during their regular meeting April 9, 2019

The Next Step

The duties of the P&Z include:

  • providing advice and recommendations to the city council
  • n matters involving the comprehensive plan, zoning
  • rdinance, and;.
  • holding public hearings concerning planning and zoning

matters including ordinance revisions.

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Questions

Bryan Code of Ordinances, Chapter 130 - Zoning