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HomeMy WebLinkAboutMinutes_P&Z_09.03.1996 MINUTES PLANNING AND ZONING COMMISSION September 3, 1996 Chair, Leon Douglas called the September 3, 1996, Planning and Zoning Commission meeting to order at 6:09 p.m. and explained the meeting process. Other Commissioners present were: Cal Wilkerson, Claude Proctor, Cynthia B. Smith, Charles Parker and Robert Brannon. Commissioner Mike McMaster was absent. Staff members present were Ed Barry, Director, Hildy Kingma, Chief Planner, Charles Simon, Senior Planner, Wendy Walsh, Senior Planner, Sheree Rabe, Assistant City Attorney and Janis Russell, Recording Secretary. Consideration of approval of the Consent Agenda which included the following: (Item #5 was removed from the Consent Agenda and put on the Regular Agenda to be discussed individually.) 1. Consideration of and possible action on the Minutes from the August 6, 1996 meeting. 2. Consideration of and possible action on a Preliminary Plat and Detailed Development Plan of a 5.58 acre tract situated in the David Wright Survey, to be known as a Planned Unit Development of Village II of River Bend, located at Kathi Lane and Melissa Court. 3. Consideration of and possible action on a Short Form Final Plat of a 10.0 acre tract in the John Berry Survey, to be known as Heritage Baptist Subdivision, located on FM971 and County Road 152. 4 a. Consideration of and possible action on a Rezoning of a 15.5866 acre tract in the William Addison Survey, to be known as St. Helen Catholic Church, from A, Agricultural, to RS, Residential Single Family, or any more Restrictive District, located on SH29 East. 4 b. Consideration of and possible action on a Short Form Final Plat of a 15.5866 acre tract in the William Addison Survey, to be known as St. Helen Catholic Church, located on SH29 East. Cynthia Smith made a motion to approve the Consent Agenda as written. Charles Parker seconded the motion which passed by a vote of 6-0. Regular Agenda 5. Consideration of and possible action on a Final Plat of a 5.628 acre tract in the William Roberts Survey, to be known as Berry Creek, Section Eleven, Phase Four. Charles Simon gave the staff report and recommendation. Bob Wunsch, the applicant was present and concurred with Staff's recommendation. Mary Pepper asked if there were any plans for a road to Historic Acres. After the discussion, Claude Proctor made a motion to approve the Final Plat of Berry Creek, Section Eleven, Phase Four, provided the Technical Issues are addressed prior to City Council Consideration. Cynthia Smith seconded the motion which passed by a vote of 6-0. 6. Consideration of and possible action on a Concept Plan of a 182 acre tract in the William Roberts Survey, to be known as The Reserve at Berry Creek, located north of Serenada East, Unit Five Subdivision, west of Berry Creek, Sections Nine and Eleven, and south and east of Logan Ranch Subdivision. Charles Simon gave the staff report and recommendation. Bob Wunsch was present and concurred with the staff report. Mary Pepper addressed the Commission. She was concerned with the traffic flow through Logan Ranch. She read a memorandum written by Clyde von Rosenberg regarding the discussion of future road segments by the Planning and Zoning Commission. Dave Steele addressed the Commission. He was concerned with the availability of the staff report before the meeting, lot sizes of the proposed subdivision and increased traffic. Fred List addressed the Commission with concern for the caves in the area, traffic on Logan Road, parks, alleyway for utilities for Berry Creek and the commercialization of the area. Joe Minarovic addressed the Commission. He did not understand the topographic map used on the Concept Plan. Rick Harbolovic asked the staff to explain intensity and density. Ed Barry responded. Mary Pepper had a copy of Logan Ranch's Deed Restrictions which were discussed at length, especially regarding the proposed road. Stephen Lozano, of 326 Logan Road, questioned the notification process, and discussed density, caves with bats and endangered species in the area, and the lack of communication between developers and Logan Ranch homeowners. Beverly Gerding addressed the Commission with her concerns about the number of homes proposed by the developers for the subdivision, the size of the park, the notification process, road extension and potential over- development. Linda Hunt asked questions regarding the north/south collector road and compliance with the original deed restrictions for Logan Ranch. After extensive discussion, Cynthia Smith made a motion to approve the Concept Plan of the Reserve of Berry Creek. Robert Brannon seconded the motion which passed by a vote of 6-0. 7. Consideration and possible action on a Revised Concept Plan of a 34.75 acre tract in the David Wright Survey to be known as Sunset Oaks West; located on Booty's Crossing Road. Hildy Kingma gave the staff report and recommendation. Don Bizzell, agent for the applicant, addressed the Commission. The following surrounding property owners of the Turtle Bend, Oakcrest and Country West Subdivisions addressed the Commission: Faye Brader, Al Greenberg, J. Trainor, Thad Putnam, Jim Locke, Gary Boyd, Weldon Schiller, Jim Bassett, Elaine Phillips, Patricia Zeminskas, Charly Skaggs, Tracy Biediger, Bill Langenbaum, Charlie Sullivan, Keith Youngpeter, Mary Marcotte, Jim McKenzie, Dennis Martindale, Terry Davila, David Pyka, Chris Hill, Mark Adams, Max Schmid, Steven Biediger, Barbara Greenberg, Jim Coburn, Shawn Taylor and Mark Jones. The topics discussed were: traffic on Booty's Crossing Road, a road emptying into Turtle Bend, density, sewer connections, drainage, amount of runoff from proposed subdivision, change in Concept Plan from rural to urban, senior housing, environmental issues, character of community, holes in staff report, runoff because of impervious coverage, lot size, traffic flow, small lot size, no deed restrictions, property values, detention ponds, Booty's Crossing Road as a four lane road, right-of-way question from Staff report, median width for preserving trees and water pressure. Patricia Zeminskas said the Country Road extension will be on her property and she will not authorize it. Icreased crime, opposed to extension of Country Road, Booty's Crossing Road widening, Country Road connection, lack of controlled growth, wastewater line location, ditching for drainage and runoff, water runoff when road is widened, alignment connecting D.B. Wood and Cedar Breaks/Booty's Crossing Road, Intensity Levels, detention pond of proposed subdivision,deception factor on the part of developers, safety response, technical issues should be dealt with first, the need for more clarification from builders, planning responsively, property values, quality of life, keeping the neighborhoods separate, lack of plan, no involvement between the developer and the neighborhoods being affected, traffic on Booty Road until Booty's Crossing Road is repaired. After the extensive discussion and responses from staff and Don Bizzell, Robert Brannon made a motion to approve the Revised Concept Plan for Sunset Oaks West, provided the Technical Issues are addressed prior to City Council consideration. Cal Wilkerson seconded the motion which passed by a vote of 5-1 (Cynthia Smith voted opposed). 8. Consideration of and possible action on a Concept Plan of 44.01 acres in the Antonio Flores Survey, to be known as Crystal Knoll Terrace, Units Three and Four, located on Crystal Knoll Boulevard and CR152. Hildy Kingma gave the staff report and recommendation. (Noted intensity level rewiew error made in early discussions with the applicant.) Don Bizzell, agent for the applicant concurred with staff. Cal Wilkerson made a motion to approve the Concept Plan of Crystal Knoll Terrace, Units Three and Four, provided the proposed density is revised to be consistent with the Intensity Level Three provisions. Claude Proctor seconded the motion which passed by a vote of 6-0. At 10:10 p.m., Cynthia Smith made a motion to proceed until 11:00 and reassess the progress through the agenda at that time. Claude Proctor seconded the motion which passed by a vote of 6-0. 9. a. Consideration of and possible action on a Revised Concept Plan of a 108.95 acre tract in the John Berry Survey, to be known as Pecan Branch Subdivision, located on County Road 152 and FM971. Wendy Walsh gave the staff report and recommendation. The applicant was not present. Cal Wilkerson made a motion to approve a revised Concept Plan of Pecan Branch Subdivision, provided the Technical Issues are addressed prior to City Council consideration. Cynthia Smith seconded the motion which passed by a vote of 6-0. 9. b. Consideration of and possible action on a Preliminary Plat of a 15.82 acre tract in the John Berry Survey, to be known as Pecan Branch Subdivision, Phase One, located on FM971, and variances to the Subdivision Regulations. Wendy Walsh gave the staff report and recommendation. The applicant was not present. Robert Brannon made a motion to approve a Preliminary Plat of Pecan Branch Subdivision, Phase One, provided the Technical Issues are addressed prior to City Council consideration. Approval of a variance to Table 37030-B of the Subdivision Regulations, thereby providing only a six (6) foot privacy fence for the single family residences adjacent to FM971. Charles Parker seconded the motion which passed by a vote of 6-0. 10. a. Consideration of and possible action on a Rezoning of a 13.528 acre tract in the Lewis Dyches Survey, to be known as Inner Loop Commercial Park, Section Three (Austin Avenue Apartments), from I, Industrial to RM-2, Dense Multifamily, located on South Austin Avenue (Business 35). Wendy Walsh gave the staff report and recommendation. Dr. David Starr, the applicant, was present and addressed the Commission. Cynthia Smith made a motion to approve the rezoning of 13.528 acre tract in the Lewis Dyches Survey, to be known as Inner Loop Commercial Park Subdivision, Section Three, from I, Industrial to RM-2, Dense Multifamily. Removal of the condition to require Commission and Council review of the detailed development plan prepared for this property, provided no variance requests are made to the informational requirements or design standards of the Subdivision Regulations. Claude Proctor seconded the motion which passed by a vote of 6-0. 10. b. Consideration and possible action on a Revised Concept Plan of a 330.85 acre tract in the Lewis Dyches Survey, to be known as Inner Loop Commercial Park Subdivision, located on Business 35 and the Georgetown Inner Loop Road. Wendy Walsh gave the staff report and recommendation. Dr. David Starr, the applicant, was present and addressed the Commission. Claude Proctor made a motion to approve a Revised Concept Plan for Inner Loop Commercial Park. Charles Parker seconded the motion which passed by a vote of 5-0-1. (Robert Brannon abstained from voting on this item.) P&Z Minutes September 3, 1996 Page 4 10. c. Consideration and possible action on a Short Form Final Plat of a 13.528 acre tract in the Lewis Dyches Survey, to be known as Inner Loop Commercial Park, Section Three, located on South Austin Avenue (Business 35). Wendy Walsh gave the staff report and recommendation. Cal Wilkerson made a motion to approve a Final Plat of Inner Loop Commercial Park Subdivision, Section Three, provided the Technical Issue is addressed prior to City Council consideration. Cynthia Smith seconded the motion which passed by a vote of 6-0. 11. Consideration and possible action on a Concept Plan of a 12.06 acre tract in the Nicholas Porter Survey, to be known as Gateway Northwest, located on Northwest Boulevard and the west IH35 Frontage Road. Hildy Kingma gave the staff report and recommendation. Russell Smith, representing the owner, addressed the Commission. Jerry Stephens, addressed the Commission with drainage concerns, but was in favor of the request. Charles Parker made a motion to approve the Concept Plan for Gateway Northwest, provided the Technical Issue is addressed prior to City Council consideration, and provided all drainage issues are addressed with the first phase of development. Robert Brannon seconded the motion which passed by a vote of 6-0. 12. Consideration and possible action on a request for a Variance to the Subdivision Regulations for River Ridge Three, Section A, Block D, Lot 10, located at 119 Red Oak Court. Charles Simon gave the staff report and recommendation. Jim Haskell, the applicant, was present and addressed the Commission. Rich Salisbury addressed the Commission and opposed the request because of the continuity of the subdivision. Robert Olofson addressed the Commission with his opposition to the request, so as not to set a precedent. Jane Voltz asked the applicant about the site at the intersection at Leander Road. After the discussion, Robert Brannon made a motion to approve the variance to Section 37040 B. to permit a fence up to six (6) feet in height in the front yard building setback area along River Ridge Drive after making the required findings of fact. Charles Parker seconded the motion which failed to pass with a vote of 4-2. (Cynthia Smith and Cal Wilkerson voted opposed.) Cynthia Smith made a motion to deny a variance to Section 37040 B. Cal Wilkerson seconded the motion, which failed to pass with a vote of 2-4. (Charles Parker, Leon Douglas, Claude Proctor and Robert Brannon voted opposed to the motion.) Cynthia Smith made a motion to send this item to the City Council without a recommendation from the Commission since it was unable to achieve a super majority vote (majority plus one) required on all variances. Claude Proctor seconded the motion which passed by a vote of 6-0. 13. Consideration and possible action on a Detailed Development Plan of a 4.2 acre tract in the Frances A. Hudson Survey, to be known as Cusach, Inc., and Variances to the Subdivision Regulations, located on the IH35 Frontage Road, north of Sierra Way. Charles Simon gave the staff report and recommendation. Don Bizzell, agent for the applicant addressed the Commission with his opinion of the proposed all weather surface for this site. After the discussion, Cal Wilkerson made a motion to approve the Detailed Development plan of Cusach, Inc. Approval of a variance to Section 33042 thereby permitting a 40 foot wide driveway after making the required findings of fact. Denial of the requested variance to Section 33057 D.1. Cynthia Smith seconded the motion which passed by a vote of 6-0. At 11:15 p.m., the meeting was recessed until Monday, September 9th, at 6:00 p.m. P&Z Minutes September 3, 1996 Page 5 The meeting reconvened at 6:02 p.m. on Monday, September 9th, 1996. Carla Benton was present as recording secretary for the remainder of the meeting. Other staff present were Ed Barry, Director, Hildy Kingma, Chief Planner, Charles Simon, Senior Planner and Wendy Walsh, Senior Planner. Commissioners present were Leon Douglas, Cynthia Smith, Charles Parker, Robert Brannon, Claude Proctor and Cal Wilkerson. Leon Douglas, Chair, advised the audience that there would be a limit of three (3) minutes allowed for each person in the audience to speak concerning their issue. Mr. Don Bizzell requested that Item 13. be reconsidered for action on the variance previously denied. Staff advised that because the item had been acted upon, reconsideration requires renotification. Charles Simon advised that the same issue applied to Item 14. but was not prepared to advise if the agreement would meet all the Subdivision Regulations. 14. Consideration and possible action on a Detailed Development Plan of a 6.28 acre tract in the Frances A. Hudson Survey, to be known as Associated Dealers, Inc., and Variances to the Subdivision Regulations. Charles Simon gave the staff report and recommendation. Don Bizzell, agent for the applicant, addressed the Commission. Items of issue were concerning the paving and the separation between driveways and rear setback line. Don Bizzell provided exhibits to the commissioners for the negotiated change that was agreed upon with Don Rundell, City Engineer. Mr. Ray Rogers, Rogers Construction spoke with concerns regarding the location of the sales models on the property. Also of concern was the setback and fire hazards. It was a concern that this would become a "trade-in wrecking yard" and possible storm damage to his property from the debris that would be blown from this site. After the discussion, Cynthia Smith made a motion to approve the Detailed Development Plan of a 6.28 acre tract in the Frances A. Hudson Survey, to be known as Associated Dealers, Inc. provided the Technical Issues are addressed prior to City Council consideration. Approval of variances to Table 33030-A to permit a driveway closer than the standard separation and Section 33042 after making the required findings of fact. Denial of the requested variances to Sections 33057 D.1. and 34020. The motion was second by Claude Proctor which passed by a vote of 6-0. 15. Consideration and possible action on a Detailed Development Plan of Williams Commercial Park, Block C, Lot 1, to be known as Laserwash of Georgetown, with Variances to the Subdivision Regulations, located at 301 River Bend Drive. Charles Simon gave the staff report and recommendation. Ken Strange, of Laserwash of Georgetown, spoke in favor of allowing the driveways as designed. In his opinion, a variance to Table 33030-A was not needed. He concurred with the remainder of the staff report. After the discussion, Cal Wilkerson made a motion to approve Detailed Development Plan for Laserwash of Georgetown provided the Technical Issues are addressed prior to City Council consideration and provided the site is rezoned to C-2A. Approval of variances to Section 34020 F.3. thereby permitting two (2) driveways onto River Bend Drive and Table 33051 A. thereby permitting the encroachment of the proposed parking spaces into the front building setback area, after making the required findings of fact. Denial of the requested variance to Table 33030-A. The motion was seconded by Charles Parker and passed by a vote of 6-0. 16. Consideration of and possible action on a Final Plat of a 21.93 acre tract in the Antonio Flores Survey, to be known as a Planned Unit Development of Katy Crossing, Section Two, located on FM971. Wendy Walsh gave the staff report and recommendation. Jim Stendebach, agent for the applicant, addressed the Commission and identified the duplex design benefits that would be in excess of the minimum design standards. Rick Burleson, Burleson Design Groups, gave a presentation of typical designs compared with common, less attractive designs. After the discussion, Charles Parker made a motion to approve the Final Plat of a Planned Unit Development of Katy Crossing, Section Two, provided the Technical Issues are addressed prior to City Council consideration. Cynthia Smith seconded the motion which passed by a vote of 6-0. 17. Consideration of and possible action on a Short Form Final Plat of an 8.60 acre tract in the Woodruff Stubblefield Survey, to be known as Richey Subdivision; with Variances to the Subdivision Regulations, located at the northwest corner of the intersection of P&Z Minutes September 3, 1996 Page 6 State Highway 29 and County Road 103. Charles Simon gave the staff report and recommendation. Don Bizzell, agent for the applicant, agreed with staff comments. Claude Proctor made a motion to approve the Short Form Final Plat of Richey Subdivision provided the Technical Issues are addressed prior to City Council consideration. Approval of variances to Section 36050 C. and Table 33030-A thereby permitting the lots as proposed to take access from County Road 103 and State Highway 29, after making the required findings of fact. Robert Brannon seconded the motion which passed by a vote of 6-0. 18. Consideration of and possible action on a Preliminary Plat of a 7.04 acre subdivision situated in the David Wright Survey, to be known as River Bend V, Phase IV, located on Parker Drive and Patti Drive; and Variances to the Subdivision Regulations. Wendy Walsh gave the staff report and recommendation. Don Bizzell, agent for the applicant, concurred with the staff report. Cal Wilkerson made a motion to approve the Preliminary Plat of River Bend V, Phase IV, provided the Technical Issues are addressed prior to City Council consideration. Approval of the requested variance to Section 34020 F.4., thereby allowing 15 foot secondary front yard setbacks on Lots 1 and 6, Block C, after making the required findings of fact. Claude Proctor seconded the motion which passed by a vote of 6-0. 19. Commissioner Comments and Reports. a. Council action update. All actions taken by Council were consistent with Commission recommendations with the exception of the Wood Ranch rezoning. The City Council did approve the requested rezoning on the first reading. Second reading will be on Tuesday, September 10, 1996. 20. Staff Comments and Reports. a. Ed Barry discussed with the commissioners future plans for more training on the Subdivision Regulations and Zoning Ordinance. Requested items for training are the flexibility of concept plans and when plats are legal. A possible date for training (requires posting) is Monday 23rd from 6:00-8:00 p.m. Dinner will be provided. b. APA conference on October 2nd-5th in San Antonio. The Commissioners were asked to advise staff if they wished to attend. The meeting was adjourned by Leon Douglas at 7:36 p.m. /jmr