Annexation ANNEX19-04: City of Bryan€¦ · Brazos County, Texas. Annexation ANNEX19-04: City of Bryan • On January 8, ... • PD-I District zoning for part of the area proposed

Annexation ANNEX19-04: City of Bryan

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


• 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.



7 residential structures

~18 residents (avg. 2.65 per household)

3.4 miles of county roadways

116 Kyle Fields



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).

OSV Map

MAP

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-owned properties in support of the City of Bryan’s proposal to annex land in and around the Texas Triangle Park area.


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 of 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.


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.


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.

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; or3. 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.

Questions


Bryan Code of Ordinances, Chapter 130 - Zoning

Proposed Public hearing, presentation, and consideration of anordinance to amend the text of the Bryan Code of Ordinances, Chapter130 – Zoning by eliminating all of Section 130-29 - Mixed UseResidential District (MU-1); converting the depiction of all parcels ofland currently described on the Official Zoning District Map as MU-1 toResidential District – 5000 (RD-5); and removing all references to theMixed Use Residential District (MU-1) from other parts of the City ofBryan Code of Ordinances, specifically Chapters 38 – Environment; 62 –Land and Site Development; 98 – Signs; and 118 – Traffic and Vehicles.

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.

• 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

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.

Mixed Use Residential District (MU-1) Properties

2,606 parcels *1,167 owners

* Brazos Central Appraisal District (BCAD) Data


2,606 parcels *1,167 owners


~750 manufactured homes (29%)~173 declared homestead (23% / 7%)

Ownership:666 declared homestead (26%)959 same address (37%)



Approximately 600 vacant parcels *

Subcommittee Findings

1. manufactured housing is a major affordable housing resource that must satisfynational construction and safety standards;

2. manufactured housing has been a significant component of the local affordablehousing market;

3. there are common concerns about the quality, appearance, durability and lack ofprice appreciation of manufactured housing, and the perceived negative impactthese factors have on neighboring property values;

4. such concerns are driven by the existence of dilapidated manufactured housingunits 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 willcreate 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 allowsmanufactured homes on individual lots by right, was established 30 years ago as atemporary district classification;

Subcommittee Findings

7. the zoning ordinance should be amended by eliminating the MU-1 District andconverting 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)opportunity to request from the P&Z approval of installation of a manufacturedhome for purposes of owner occupancy. Approval of such requests should bebased on individual circumstances;

11. the City should consider establishing incentives to encourage owners to replacemobile/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 affordablehousing;

13. manufactured housing should be allowed in Bryan within licensed manufacturedhome communities;

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:

o 38 – Environment;

o 62 – Land and Site Development;

o 98 – Signs, and;

o 118 – Traffic and Vehicles.

Proposal

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.

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 options 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.

Public Notification

• The proposal has the effect of rezoning MU-1 properties.

• Staff treated the proposal in the same manner as a requestfor rezoning;

• specifically, by notifying all owners of property zoned MU-1and owners of property located within 200 feet.

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

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 on matters involving the comprehensive plan, zoning ordinance, and;.

• holding public hearings concerning planning and zoning matters including ordinance revisions.

Questions

Bryan Code of Ordinances, Chapter 130 - Zoning

Annexation ANNEX19-04: City of Bryan€¦ · Brazos County, Texas. Annexation ANNEX19-04: City of Bryan • On January 8, ... • PD-I District zoning for part of the area proposed

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