College Station City Council Passes A Restricted Overlay Ordinance

Image provided by the City of College Station.
Image provided by City of College Station

The College Station city council approved the Restricted Occupancy Overlay ordinance, also known as “ROO” on a 5 to 2 vote last night.

City staff and public comments went on for five hours, with over 40 total speakers to the podium, before a motion was made. There was conversation about changing some of the language in the ordinance, with some changes made to what qualifies as a living quarters, and what happens to the property when a renter leaves for the summer months.

Councilman Dennis Maloney, who voted in favor of ROO, noted that only a few subdivisions in town would be able to utilize the ordinance, and that no changes happen to anyone currently in a subdivision that enacts a ROO.

Councilwoman Elizabeth Cunha said that she thinks this hurts families, like hers, who want to give space to family members who may need help. She was one of two voting against the ordinance.

The other “no” came from Mayor Karl Mooney, who said he does not believe this ordinance gives everyone what they want.

The ordinance will give neighborhoods the option of adopting a ROO, with a 50 percent plus one vote of the neighborhood.

Voting yes were council members Bob Brick, John Crompton, Linda Harvell, Dennis Maloney and John Nichols. Elizabeth Cuhna and Mayor Karl Mooney voted no.

Click below for comments from the April 19, 2021 College Station city council meeting. Speaking in the clip is Dennis Maloney, Elizabeth Cuhna, and Karl Mooney.


Additional information from blog.cstx.gov

The College Station City Council voted 5-2 Monday night to allow property owners in single-family neighborhoods to request a zoning overlay that restricts occupancy to no more than two unrelated people. The city’s existing restriction of no more than four unrelated remains for areas without the overlay.

Councilwoman Elizabeth Cunha and Mayor Karl Mooney voted against the motion. Councilwoman Linda Harvell and Councilmen John Nichols, Bob Brick, John Crompton, and Dennis Maloney voted in favor.

The Restricted Occupancy Overlay (ROO) requires a majority (50% + one) of a neighborhood’s property owners to sign a petition supporting the application. A legacy (grandfather) clause allows up to four unrelated occupants to continue under certain conditions.

More than 40 people spoke during the public hearing, with five representing groups of 4 or more individuals. Another 13 residents submitted written remarks.

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