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 AGRICULTURAL – OPEN DISTRICT (A-O) TO COMMERCIAL DISTRICT (C-3), ON 11.907 ACRES OF LAND OUT OF THE STEPHEN F. AUSTIN SURVEY NO. 10, ADJOINING THE SOUTHWEST SIDE OF THE NORTH EARL RUDDER FREEWAY WEST FRONTAGE ROAD BETWEEN TABOR AND COLSON ROADS IN BRYAN, BRAZOS COUNTY, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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 Agricultural – Open District (A-O) to Commercial District (C-3), on 11.907 acres of land out of Stephen F. Austin Survey No. 10, adjoining the southwest side of the North Earl Rudder Freeway West Frontage Road between Tabor and Colson Roads in Bryan, Brazos County, Texas, was recommended for approval by the Bryan Planning and Zoning Commission during its regular meeting on April 4, 2019 (case no. RZ19-12);

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 Agricultural – Open District (A-O) to Commercial District (C-3), on 11.907 acres of land out of Stephen F. Austin Survey No. 10, adjoining the southwest side of the North Earl Rudder Freeway West Frontage Road between Tabor and Colson Roads in Bryan, Brazos County, Texas, said 11.907 acres being depicted on attached Exhibit “A” and described more particularly by metes-and-bounds on attached Exhibit “B”.

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That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 14th day of May 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”:

Exhibit “B”:

EXCERPT FROM PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES OF APRIL 4, 2019:

4. REQUESTS FOR APPROVAL OF ZONING CHANGES – A PUBLIC HEARING WILL

BE HELD FOR EACH ITEM (Commission makes recommendation; City Council has final approval).  

c. Rezoning RZ19-12: WRI Outdoors & Tractors

A request to change the zoning classification from Agricultural – Open District (A-O) to Commercial District (C-3) on 11.907 acres of vacant land out of Stephen F. Austin Survey No. 10, adjoining the southwest side of the North Earl Rudder Freeway West Frontage Road between Tabor and Colson Roads 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. Alvin Coble, 2207 Nuches Ln, Bryan, TX, came forward to express concern about increase in property taxes, light pollution, and screening for the proposed development.

Mr. Rabon Metcalf, agent for the applicant, came forward and stated the following: • This request aligns with the recommendations of the City’s Comprehensive Plan. • Any future site development will adhere to the City’s landscaping and buffer requirements. • An 8-ft solid wood fence is proposed. • Lighting will likely be LED and designed to not negatively impact neighboring properties.

The public hearing was closed. Commissioner Rodriguez moved to recommend approval of Rezoning RZ19-12, 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 Rayford seconded the motion, and the motion passed unanimously.

PLANNING AND ZONING COMMISSION STAFF REPORT April 4, 2019

Rezoning case no. RZ19-12: WRI Tractor Sales

CASE DESCRIPTION: a request to change the zoning classification from Agricultural – Open

District (A-O) to Commercial District (C-3) LOCATION: 11.907 acres of land out of Stephen F. Austin Survey No. 10, adjoining

the southwest side of the North Earl Rudder Freeway West Frontage Road between Tabor and Colson Roads in Bryan, Brazos County, Texas.

EXISTING LAND USE: vacant acreage PROPERTY OWNER: Susan Stratta Stevener, Theresa J Dabbs, Carol A Nichols APPLICANT: RME Consulting Engineers STAFF CONTACT: Katie Williams, Staff Planner SUMMARY RECOMMENDATION: Staff recommends approving this rezoning request.

AERIAL VIEW (2017)

BACKGROUND: The applicant, Rabon Metcalf, on behalf of the purchasing party, WRI Tractor Rental, is requesting to change the zoning classification on approximately 11.907 acres of land from Agricultural – Open District (A-O) to Commercial District (C-3). WRI Tractors currently operates at 6920 West SH-21 in the City of Bryan’s ETJ, and proposes to locate a retail establishment on the subject property. Adjacent properties located to the west are zoned Residential District – 5000 (RD-5) and are improved with older construction detached dwellings. Property to the south is zoned A-O District, but is the location of the Brazos Transit District Office. The adjacent property to the north is zoned C-3 District which is compatible with the requested rezoning. The applicant is requesting a rezoning from A-O District to C-3 District in order to construct a tractor rental and retail facility with outdoor display. Landscape and open space buffers will be maintained between the subject development and adjacent RD-5 District properties in order to clearly separate noncompatible uses, and mitigate noise, lighting, or other adverse impacts.

EXCERPT FROM REZONING APPLICATION:

PHOTOS OF EXISTING CONDITIONS ON THE SUBJECT PROPERTIES:

REZONING EXHIBIT:

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 allow for the establishment of a tractor rental company. Staff finds this use to be compatible with nearby uses. Approximately 700 feet to the north of the subject property, ASCO Equipment Rental has a building, which is also classified as C-3 zoning district. A 75-foot landscape and open space buffer will also be required between the subject development and adjacent RD-5 zoning district. 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. Staff finds the subject property 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.

8.5 acres of land immediately adjacent to the north property line of the subject property, as well as about 10 acres to the east of North Earl Rudder Freeway are currently zoned C-3 District and are vacant. Staff believes that rezoning the subject property would not make this nearby vacant land unavailable for development, but would instead encourage development similar to what the applicant is proposing. Staff believes that a rezoning of the subject properties from A-O District to C-3 District 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. Due to its frontage on North Earl Rudder Freeway, staff believes that the proposed C-3 zoning is more compatible with the proposed C-3 zoning than the existing A-O zoning designation.

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. Few properties in this area and zoning classification contain the lot area and depth which would allow for the size of building required by the proposed use, as well as the additional room for landscape and buffers from adjacent residential.

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

The subject property is located in the vicinity of several similar businesses which are already zoned Commercial District (C-3). The proposed tractor rental and retail business which is proposed to operate on the subject property is compatible with existing uses of nearby properties. Staff contends that changing the zoning of the subject properties Agricultural – Open District to Commercial District will have no effect on the health, safety, morals, or general welfare of the public. This development will also be reviewed prior to the construction of the building, and staff will ensure that appropriate landscaping is installed in order to provide a buffer from nearby residences.

RECOMMENDATION:

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