HomeMy WebLinkAboutPZ Item 04 - Transit District OverlayTO: PLANNING AND ZONING COMMISSION MEMBERS
FROM: ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES
MEETING DATE: SEPTEMBER 15, 2026
SUBJECT: PLANNING AND ZONING COMMISSION TO RECEIVE A
REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF
DIRECTION REGARDING POTENTIAL AMENDMENTS TO
THE ZONING ORDINANCE, ORD. 82-73, SECTION 41.B.,
SPECIFICALLY RELATED TO PERMISSIBLE RESIDENTIAL
USES IN THE INTENSITY SUB -DISTRICTS OF THE TRANSIT
DISTRICT OVERLAY.
BACKGROUND:
On November 18, 2025, the City Council adopted two amendments to Section 41.B., Transit
District Overlay of the Zoning Ordinance: AM25-03A, which amended the boundaries of the
Transit District, and AM25-0313, which amended certain language, regulations, and
permitted uses within the Transit District and modified the intensity subdistrict designations
shown on the associated maps. As part of these amendments, Figure 3, the Preferred Use
Matrix, was deleted and replaced with a listing of uses identifying those permitted by right,
permitted through conditional use permit, or prohibited within each intensity subdistrict.
Staff is requesting clarification from the Commission regarding whether the brownstone and
townhouse uses were unintentionally excluded from the Medium Intensity Subdistrict as a
conditional use. Since these uses are still permitted by right in the Low Intensity Subdistrict,
staff is proposing to amend Section 41.13. to include brownstones and townhouses as
conditional uses within the Medium Intensity Subdistrict.
PROPOSED AMENDMENTS:
Below are the proposed stroke-thn/underline revisions to the Zoning Ordinance
prepared by the staff to amend the conditionally permitted uses of the Medium Intensity
Subdistrict.
LOW INTENSITY
A. Permitted Uses:
• Professional Offices, limited to:
• Offices, including professional, business and administrative.
• Governmental office buildings and uses.
• Medical offices but not including laboratories for the manufacture of
pharmaceutical or other products for general sale or distribution.
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• Engineering, architectural, and design services, provided that such services are
performed by individuals or firms duly licensed or registered under applicable
state law.
• Professional offices which include the following professional and
semiprofessional occupations: accountants; attorneys; dentists; insurance
agents; real estate agents; personal or family counselors; chiropractors; physical
therapists; physicians; and surgeons.
• Brownstones.
• Personal service establishments including beauty, barber, dry cleaning and laundry
pickup, shoe repair, and express or mailing offices.
• Art galleries.
• Museums.
B. Conditional Uses:
• Electric vehicle (EV) charging stations. (See Section 42.1.).
C. Prohibited Uses:
• Drive-in or drive -through service.
• Veterinarians.
• Veterinary hospitals.
• Animal grooming salons.
• Dog kennels
• Funeral homes.
MEDIUM INTENSITY
A. Permitted Uses:
• Travel agencies.
• Professional Offices, limited to:
o Offices, including professional, business and administrative.
o Governmental office buildings and uses.
o Medical offices but not including laboratories for the manufacture of
pharmaceutical or other products for general sale or distribution.
o Engineering, architectural, and design services, provided that such services
are performed by individuals or firms duly licensed or registered under
applicable state law.
o Professional offices which include the following professional and
semiprofessional occupations: accountants; attorneys; dentists; insurance
agents; real estate agents; personal or family counselors; chiropractors;
physical therapists; physicians; and surgeons.
• Financial institutions or banks.
• Automated teller machine (ATM) kiosk.
• Pharmacies.
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• Studios for art, dancing, drama, music, photography, interior decorating or reducing
and including artisan studios for the creations of crafts, furniture, and arts which are
handmade or handcrafted.
• Specialized fitness training studios in an enclosed building where the size of the
space does not exceed 3,000 square feet.
• Permanent cosmetic application with a valid Tattoo Studio License from the Texas
Department of Health and licensure from the Texas Cosmetology Commission.
• Restaurants with inside dining.
• Live/ Workspace.
• Licensed childcare program.
• Convenience stores.
• Retail stores and sales, limited to, antique, art supply, sporting goods, clothing,
music, television sales and repair, stationary, collectables, jewelry, leather goods and
luggage, linens, fabrics, optical goods, electronics, delicatessens, bakeries, coffee
shops, and office supplies.
• Commercial print center.
• Fraternal organization or club that organizes for civic, social, cultural, religious,
education, or charitable purposes, operating as a recognized entity of a national or
regional fraternal order.
• A facility, jointly developed, owned, or operated by a public agency and a private
entity under a contractual agreement approved by the governmental body.
• Information technology services, excluding hardware sales and repair.
B. Conditional Uses:
• Brownstones.
• Townhouses.
• Alcoholic beverage sales provided a conditional use permit is issued in accordance
with Section 42.13 of this ordinance.
• Outdoor speakers.
• Wine tasting facility with alcoholic beverage sales with on -premises and off -premises
consumption provided a conditional use permit is issued in accordance with Section
42.13. of the ordinance. All alcoholic beverage sales shall be consistent with the Texas
Alcoholic Beverage Code.
• Winery with alcoholic beverage sales, with, on -premises and off -premises
consumption, provided a conditional use permit is issued in accordance with Section
42.13. of the ordinance.
• Electric vehicle (EV) charging stations. (See Section 42.1.).
• Outside display and sales of merchandise.
• Outside dining.
C. Prohibited Uses:
• Drive-in or drive -through service.
• Gasoline service station.
• Veterinarians.
• Veterinary hospitals.
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• Animal grooming salons.
• Dog kennels
• Funeral homes.
HIGH INTENSITY
A. Permitted Uses:
• All permitted uses in medium intensity area (Medium Intensity. A. Permitted Uses)
shall also be permitted in high intensity area but excluding licensed childcare
programs.
• Health spas and Specialty Fitness Studios (massage establishments must meet
the requirements of Section 49.13.5.) within an enclosed building.
• Art galleries.
• Museums.
• Indoor commercial amusements limited to skating rinks.
• Restaurants with inside dining.
• Conference and convention centers.
• Public institutions and nonprofit institutions of any educational, religious or cultural
type.
• Vocation, trade, and technical schools.
• Boutique hotels.
• Parking garage, free and public use. Paid parking garages must comply with
Section 49.13. of this ordinance.
• Retail vendor kiosks.
• A facility, jointly developed, owned, or operated by a public agency and a private
entity under a contractual agreement approved by the governmental body.
B. Conditional Uses:
• Theaters and cinemas.
• Alcoholic beverage sales provided a conditional use permit is issued in
accordance with Section 42.13 of this ordinance.
• Outdoor dining.
• Outdoor speakers.
• Electric vehicle (EV) charging stations. (See Section 42.1.).
• Outside display and sales of merchandise.
• Artisan market hall or pavilion. Retail sales are limited to those items otherwise
identified as permitted retail in this intensity area.
• Indoor commercial amusements, the operation of which is total within an enclosed
building, including bowling alleys, video arcades, and roller skating and ice-
skating arenas.
• Wine tasting facility with alcoholic beverage sales with on -premises and off -
premises consumption provided a conditional use permit is issued in accordance
with Section 42.13. of the ordinance. All alcoholic beverage sales shall be
consistent with the Texas Alcoholic Beverage Code.
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• Winery with alcoholic beverage sales, with, on -premises and off -premises
consumption, provided a conditional use permit is issued in accordance with
Section 42.B. of the ordinance.
• Brew pub.
• Distilleries.
• Private and charter schools.
C. Prohibited Uses:
• Drive-in or drive -through service.
• Gasoline service station.
• Corrective institutions.
• Hospitals.
• Any residential use.
• Licensed childcare programs.
/em
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