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HomeMy WebLinkAboutMinutes_P&Z_03.04.1997MINUTES PLANNING AND ZONING COMMISSION March 4, 1997, 6:00 P.M. GEORGETOWN, TX Chair, Leon Douglas called the March 4, 1997, Planning and Zoning Commission meeting to order at 6:08 p.m., and explained the meeting process. Other Commissioners present were: Cal Wilkerson, Charles Parker, Cynthia B. Smith, Robert Brannon, Claude Proctor and Pat Walsh. Staff members present were Ed Barry, Director, Hildy Kingma, Chief Planner, Clyde von Rosenberg, Chief Planner, Wendy Walsh, Senior Planner, Don Rundell, City Engineer, Sheree Rabe, Assistant City Attorney and Carla Benton, Planning Technician. 1.a.Introduction of new Commissioner - Leon Douglas introduced Pat Walsh. b.Election of Officers. Cal Wilkerson nominated Leon Douglas as Chair of the Planning and Zoning Commission. There were no further nominations. Robert Brannon seconded the motion. Cynthia B. Smith was requested to act as Chair for this vote. Leon Douglas was elected Chair by acclamation. Cal Wilkerson nominated Cynthia B. Smith for Vice-Chair of the Planning and Zoning Commission. There were no further nominations. Claude Procter seconded the motion. Cynthia B. Smith was elected Vice-Chair by acclamation. c.Appointments to the Board of Adjustment and the Historic Preservation Commission. Claude Proctor was appointed to the Board of Adjustment. Cal Wilkerson and Charles Parker were appointed as alternates to the Board of Adjustment. Charles Parker was appointed to the Historic Preservation Commission. Consideration of approval of the Consent Agenda which included the following: (Items #3, #5 and #6 were pulled from the Consent Agenda to be considered individually by the Commission.) 2.Approval of the minutes of the February 4, 1997, meeting. 4.Consideration and possible action on a request for a Final Plat of a 2.396 acre tract in the William Roberts Survey, to be known as Berry Creek, Section Eleven, Phase Six, located on Muirfield Drive. Cynthia Smith made a motion to approve the Consent Agenda as written. Cal Wilkerson seconded the motion which passed by a vote of 7-0. Regular Agenda 3.Consideration and possible action on a request for a Final Plat of a 1.597 acre tract in the William Roberts Survey, to be known as Berry Creek, Section Eleven, Phase Five, located on Champions Drive and Berry Cove. Wendy Walsh gave the staff report and recommendation. Applicant, Bob Wunsch stated it is an approved Preliminary Plat. Mary Pepper, representing Logan Ranch, spoke with concerns for the closure of Berry Cove to Indian Creek Mound. In response to a question from Patrick Walsh regarding this issue, Bob Wunsch advised that the road was to be closed as a condition of Concept Plan approval imposed by the City Council. Ed Barry advised that Indian Mound was not designed to handle the traffic from Berry Creek, Section Eleven. Cynthia Smith made a motion to approve a Final Plat of Berry Creek, Section Eleven, Phase Five, provided the Technical Issues have been addressed prior to City Council meeting. Robert P&Z Meeting March 4, 1997 Page 2 Brannon seconded the motion, which passed by a vote of 6-1, with Charles Parker abstaining. 5.Consideration and possible action on a request for a Final Plat of a 9.249 acre tract in the Antonio Flores Survey, to be known as a Planned Unit Development of Katy Crossing, Section Three-B, located south of Katy Crossing. Wendy Walsh gave the staff report and recommendation. Jim Stendebach of Stendebach Associates, was present to represent the owner. Mr. Stendebach stated that the drainage of this section is not a part of the concerns for lots located to the south of this project. Cal Wilkerson made a motion to approve a Final Plat of a Planned Unit Development of Katy Crossing, Section Three-B, provided all Technical Issues are addressed prior to City Council meeting. Charles Parker seconded the motion which passed by a vote of 7-0. 6.Consideration and possible action on a request for a Rezoning of a 30.73 acre tract in the John Berry Survey from A, Agricultural to C2-A, Commercial First Height, or any more restrictive district, located on State Highway 195 and County Road 190. Hildy Kingma gave the staff report and recommendation. John Warden, agent, was present. Items of discussion were: timing of Chisholm Trail Water Agreement, improvements to County Road 190, Century Plan Intensity Level, utility capacity, land use and impact on adjacent property owners. Bob Wunsch, Berry Creek Partners, requested a 30 day deferral on this project in order to obtain more information about the proposed uses. John Warden responded that the overall process is lengthy and the applicant would prefer that it not be deferred. Robert Brannon made a motion for approval of the request to rezone 30.73 acres in the John Berry Survey from A, Agricultural to the C-2A-Restricted, Commercial First Height district. The following restrictions will apply: No mini-warehouse uses will be permitted. If any request for a use with outside display and/or storage is made, the detailed development plan must be reviewed and approved by the Planning and Zoning Commission and City Council. At that time, the Commission and Council will have the discretion to deny the request or to condition their approval on the basis of use and design issues. At the time development of this property is proposed, access to CR190 will not be permitted until that road is improved as specified in the Century Plan. If the Commission and Council approve the request, the second reading of the rezoning ordinance may not be held until a public water supply system capable of providing commercial fire flows and a public wastewater system can be made available to the property. Further, if the second reading is not approved within one (1) year of the Commission's hearing on the request this approval will be void. Claude Proctor seconded the motion which passed by a vote of 6-1, with Charles Parker abstaining. 7.Consideration and possible action on a request for a Final Plat of a 8.029 acre tract in the Antonio Flores Survey, to be known as a Planned Unit Development of Katy Crossing, Section Three-A, located east of Claris Lane. Wendy Walsh gave the staff report and recommendation. Jim Stendebach, agent for the applicant was present. Don Rundell addressing the drainage issues advising that a study had been done by S. D. Kahlman and the design exceeds our requirements. Jim Stendebach, agent for the owner, Mr. Jim Colter, Engineer and Mr. Troy Ulmann, Engineer, representing S. D. Kahlman, are here to answer any technical questions. Items of discussion were drainage and erosion. Those addressing the Commission were Jerry Robins, Mr. Harry Akin representing Mr. and Mrs. Carlson, Mr. Lloyd Flanagan, Engineer, representing Milton Carlson. Troy Ulmann, Engineer, responded to the concerns. Cynthia Smith requested Sheree Rabe, Legal Dept to address Commission. Sheree Rabe advised that the legal options that the P&Z Meeting March 4, 1997 Page 3 Commission has regarding their ability to deny a plat are very limited if all City requirements have been met? Cal Wilkerson asked if they could also include their concerns in their recommendation to the City Council and was advised that they could. Patrick Walsh would like to have more detailed study done. Discussion by Commissioners as to whether or not to table again. Commission retired for Executive Session to discuss legal issues regarding the Commission's consideration of approval of this application based on Staff's recommendation. Reconvened at 9:06 p.m. Leon Douglas requested Sheree Rabe read the statutes for the Standard for Approval of plats. The Commissioners discussed their obligation to proceed. Charles Parker made a motion to approve a Final Plat for a Planned Unit Development of Katy Crossing, Section Three-A, provided the Technical Issues are addressed prior to City Council consideration. Cynthia Smith seconded the motion which passed by a vote of 7-0. 8.The Commission requested that #8a., #8b. and #8c. be addressed at one time. Wendy Walsh gave the staff report and recommendation. Clark Lyda, the applicant, spoke of the improvements that will be made that would benefit the area. The request for garage apartment option was withdrawn by the applicant. Items of discussion were: one story garages, garage apartments, density, traffic, design standard changes, land use, rezoning, property values, crime, drainage and placement of rear property line. Those wishing to address the Commission were Pat Hilgeman, Jan Kendall, Fred Hilgeman, Tina Dublin, Mark Blankenship, Tim Gahagan representing himself and Mrs. Hicks, Amy Vick, Kathy Sellars, Norman Griffith, Jerry Lawyer, Debbie Lawyer, Della Green for herself and Minnie Reed, Norman Spellman, Maura Phelan representing herself and the Mathes' and Kerri Housour. a. Consideration and possible action on a request for a Rezoning of 5.38 acres, including a 0.43 acre tract out of an un-numbered lot in the Nolen Addition, an addition out of Outlot 10, Division B of the City of Georgetown, and a 4.95 acre tract out of Outlot 8, Division B of the City of Georgetown, from RS, Residential Single Family to RP, Residential Planned, or any more restrictive district, located on East 19th Street and Vine Street. After the discussion described above, Cal Wilkerson made a motion to approve the requested rezoning from RS, Residential Single Family to RP, Residential Planned. Robert Brannon seconded the motion which passed by a vote of 5-2, with Charles Parker and Patrick Walsh objecting. b. Consideration and possible action on a request for a Preliminary Plat of 5.38 acres, including a 0.43 acre tract out of an unnumbered lot in the Nolen Addition, an addition out of Outlot 10, Division B of the City of Georgetown, and a 4.95 acre tract out of Outlot 8, Division B of the City of Georgetown, to be known as a Planned Unit Development of East 19th Street at Hutto Road, located on East 19th Street and Vine Street. Robert Brannon made a motion to approve the requested Preliminary Plat of a Planned Unit Development of East 19th Street at Hutto Road, provided the Technical Issues are addressed prior to City Council consideration. Claude Proctor seconded the motion which passed by a vote of 5-2, with Charles Parker and Pat Walsh objecting. c. Consideration and possible action on a request for a Detailed Development Plan of 5.38 acres, P&Z Meeting March 4, 1997 Page 4 including a 0.43 acre tract out of an unnumbered lot in the Nolen Addition, an addition out of Outlot 10, Division B of the City of Georgetown, and a 4.95 acre tract out of Outlot 8, Division B of the City of Georgetown, to be known as a Planned Unit Development of East 19th Street at Hutto Road, located on East 19th Street and Vine Street. Cal Wilkerson made a motion to approve the requested Detailed Development Plan of a Planned Unit Development of East 19th Street at Hutto Road if the rear setbacks are increased to seven (7') feet, and provided the Technical Issues are addressed prior to City Council consideration. Cynthia Smith seconded the motion which passed by a vote of 5-2, with Charles Parker and Pat Walsh objecting. Cal Wilkerson made a motion to finish the Regular Agenda, Robert Brannon seconded the motion which passed by a vote of 7-0. 9.a. Consideration and possible action on a request for a Rezoning of 52.4 acres in the William Roberts Survey, formerly known as a portion of Berry Creek Subdivision, Section Five, and a Resubdivision of the Sybert Subdivision, to be known as Berry Creek, Section Five, from A, Agricultural to RS, Residential Single Family, RP, Residential Planned, and C-1, Local Commercial or any more restrictive classification, located between State Highway 195 and the existing Berry Creek development. John Warden, agent for the owner requests that a.,b. and c. be presented at the same time. Hildy Kingma gave the staff reports and recommendations. John Warden, agent for Wood Road Properties, Inc. stated that he is in agreement with the recommendations of staff. Jimmy Coffman, Wood Road Properties, Inc. addressed multiple compromises during last few months. Items of discussion were land use, quality control, integrity of development, incompatibility with area, change to Century Plan, traffic, water, density, deed restrictions, protection promised at annexation and trespassing on golf course. The following addressed the Commission: Mike Rains, T. Getterman, Curtis Mickan, Bob Brent, Don Hewlett, by letter, Jim Mitchell, Celine Duke, Bob Wunsch, Dot Lovett, Gayle Vokes, Dan Day, Jack Hunicutt and Carla Lowry. John Warden responding to neighborhood concerns. Robert Brannon made a motion to approve the requested rezoning of the property to be known as Berry Creek, Section Five, from the A, Agricultural zoning district to the following zoning districts: •Tract 1, to C-1, Local Commercial, provided the second reading of this request does not occur until a public water supply system capable of providing commercial fire flows and a public wastewater system can be made available to the property. Further, if the second reading is not approved before the end of one year from the date of this hearing, this approval will be void. Tract 2, to RS, Residential Single Family. Tracts 3, 4, and 5, to RP, Residential Planned for single family detached development conforming to the design guidelines illustrated by Exhibit D, with the following revisions: No accessory structure shall be permitted within side and rear setbacks except those permitted by Section 34020 G.2. of the Subdivision Regulations. Fences are permitted in accordance with Section 37040. Maximum impervious cover is 40 percent, and building cover is 30 percent, consistent with Table 34020. All local and collector street corners shall have 15 foot radii consistent with Section 33030 O.2. •Tract 6, to RP, Residential Planned for uses permitted in the RM-2, Dense Multifamily zoning district, and with the requirement that prior to any development on the subject tract a rezoning to attach a full DDP meeting the requirements of the Subdivision Regulations be approved. •Tract 7, to RP, Residential Planned for uses permitted in the RM-3, Office and Service zoning district, and with the requirement that prior to any development on the subject tract a rezoning to attach a full DDP meeting the requirements of the Subdivision Regulations be approved. P&Z Meeting March 4, 1997 Page 5 Cynthia requested a definition of the Office and Service district. Cynthia Smith seconded the motion which passed by a vote of 4-2-1. Claude Proctor and Patrick Walsh opposing, with Charles Parker abstaining. b. Consideration and possible action on a request for a Century Plan Amendment of 52.4 acres in the William Roberts Survey, formerly known as a portion of Berry Creek Subdivision, Section Five, and a Resubdivision of the Sybert Subdivision, to be known as Berry Creek, Section Five from Intensity Level Three to Intensity Levels Three, Four, and Five, located between State Highway 195 and the existing Berry Creek development. Cynthia Smith made a motion to approve the requested Century Plan Amendment of the property to be known as Berry Creek, Section Five, from Intensity Level Three to the following Intensity Levels: Tract 1, to Intensity Levels Four and Five, as illustrated by EXHIBIT D, provided the second reading of this request does not occur until a public water supply system capable of providing commercial fire flows and a public wastewater system can be made available to the property. Further, if the second reading is not approved before the end of one year from the date of this hearing, this approval will be void. Tracts 3, 4, 5, 6, and 7 to Intensity Level Four, provided the Technical Issue regarding Collector Street B is addressed prior to City Council consideration. Cal Wilkerson seconded the motion which passed by a vote of 4-2-1. Claude Proctor and Patrick Walsh opposing, with Charles Parker abstaining. c. Consideration and possible action on a request for a Concept Plan of 52.4 acres in the William Roberts Survey, formerly known as a portion of Berry Creek, Section Five, and a Resubdivision of the Sybert Subdivision, to be known as Berry Creek, Section Five, located between State Highway 195 and the existing Berry Creek development. Cal Wilkerson made a motion to approve the Concept Plan for Berry Creek, Section Five, including 52.4 acres in the William Roberts Survey and the Resubdivision of the Sybert Subdivision, provided the Technical Issues are addressed prior to City Council consideration, and provided the requested Century Plan amendments to Tracts 3, 4, 5, 6, and 7 are approved. Approval of the land use designated for Tract 1 is contingent on the future provision of a public water supply system capable of meeting commercial fire flow requirements and a public wastewater system. Cynthia Smith seconded the motion which passed by a vote of 4-2-1. Claude Proctor and Patrick Walsh opposing, with Charles Parker abstaining. 10.Consideration and possible action on a request for a Detailed Development Plat for South San Gabriel Urban Renewal, Block H, Lots 1 and 2; with Variances to the Subdivision Regulations, located at 900 West Street, also known as David’s Collision Repair. Wendy Walsh gave the staff report and recommendation. Don Bizzell, agent for the applicant was present and addressed the Commission. After the discussion, Patrick Walsh made a motion to approve the Detailed Development Plan of South San Gabriel Urban Renewal Block H, Lots 1 and 2, provided the Technical Issues are addressed prior to City Council consideration as recommended by staff with the exception of allowing eight (8') foot fences. Robert Brannon seconded the motion which did not pass by a vote of 4-3. Opposing Cal Wilkerson, Cynthia Smith and Leon Douglas. Cal Wilkerson made a motion to amend the motion being considered to a six (6') foot fence for the opaque fence and eight (8') feet for the wrought iron fence. The amended motion did not receive a second. Mr. Don Bizzell responded to questions from Commission. After further discussion, P&Z Meeting March 4, 1997 Page 6 Cal Wilkerson again made a motion for approval of a variance to Table 33057, thereby allowing the parking spaces adjacent to West Street to be 19 feet long; to Table 34020, thereby allowing the proposed building coverage to be 31.5 percent and the proposed impervious cover to be 83 percent; to Section 34020 F.3., thereby allowing an additional three (3) driveways to remain in their present configuration; to Sections 34020 G.1. and G.2, thereby allowing a portion of the existing building adjacent to 9th Street, the parking spaces adjacent to West Street, the existing metal storage building along 10th Street to encroach into the 18 foot wide front yard setbacks, and a portion of the driveway extending from the west entrance along 9th Street to encroach into the seven (7) foot rear yard setback; to Section 37030 E.1. and Section 37030 F., thereby allowing the Type D bufferyard requirement to be met within the West Street right-of-way; and to Section 37040 B., thereby allowing an eight (8) foot tall wrought iron fence along the 10th and West Street frontages of Lot 2 in accordance with that shown on the Detailed Development Plan, and a six (6) foot opaque fence along the entire west property line) after making the required findings of fact. Denial of a variance to Section 33042 to allow the West Street driveway entrance to be 34 feet wide, and to Table 34020 to allow the 1,786 square foot metal building located at the corner of West and 10th Streets to remain within the front yard setbacks. After making the required findings of fact. Cynthia Smith seconded the motion which passed 6-1, with Patrick Walsh opposing. 11.Consideration and possible action on a request for a Detailed Development Plan of a Lot 1, Block A, Texas Heritage Place, to be known as Walgreen’s; with Variances to the Subdivision Regulations; located on Morrow Street and N. Austin Avenue. Hildy Kingma gave the staff report and recommendation. Bob Wunsch, applicant was present and addressed the Commission. After the discussion, Claude Proctor made a motion to approve the Detailed Development Plan for Walgreen's, provided the Technical Issues are addressed prior to City Council consideration. Approval of the requested variances to Section 33051 A., Section 34020 G.2., and Section 37030 E. based on the proposed landscape and buffering plan and the dedication of park land; and to Section 34020 F.3., to permit two (2) driveways to Morrow Street, after making the required findings of fact. Denial of the requested variances to Section 34020 F.3. for the N. Austin Avenue driveway, and to Section 34030 for the rock wall in the PUE and the right-of-way. Cynthia Smith seconded the motion which passed by a vote of 6-0-1, with Charles Parker abstaining. 12.Consideration and possible action on a request for a Detailed Development Plan of 6.0 acres in the Clement Stubblefield Survey, locally known as Georgetown Hospital, with Variances to the Subdivision Regulations, located at 2000 Scenic Drive. Wendy Walsh gave the staff report and recommendation. Todd Woods, agent for the applicant, was present. After the discussion, Charles Parker made a motion to approve the Detailed Development Plan of Georgetown Healthcare System Main Facility Expansion, provided the Technical Issues are addressed prior to City Council consideration, and approval of variances to Table 33057, thereby allowing all parking spaces to be nine (9) feet wide by 20 feet long, and to the Type D bufferyard requirement of Section 37030 F. of the Subdivision Regulations, provided two (2) times the required number of bufferyard trees and trees within parking lots are provided in the existing and new parking facilities, after making the required findings of fact. Claude Proctor seconded the motion which passed by a vote of 7-0. 13.Consideration and possible action on a request for Preliminary Plats of 44.20 acres in the Antonio Flores Survey, to be known as Crystal Knoll Terrace, Units Three, Four, and Five; with Variances to the Subdivision Regulations, located on Jefferson Drive and County Road 152. Hildy Kingma gave the staff report and recommendation. Don Bizzell, agent for the applicant, was present. P&Z Meeting March 4, 1997 Page 7 After the discussion, Claude Proctor made a motion to approve the Preliminary Plat of Crystal Knoll Terrace, Units Three, Four, and Five, provided the Technical Issues are addressed prior to City Council consideration. Approval of the requested variances to Section 34020 C.1.; Section 34020 F.4. for the following lots: Block B, Lots 32, 33, 65, and 66; Block D, Lots 1 and 20; Block F, Lots 1, 10, 11, and 20; and Block G, Lots 1, 10, 11, and 20, and for Lots 10 and 11, Block D if appropriately illustrated on the plat; and to Section 34020 F.5., after making the required findings of fact. Charles Parker seconded the motion which passed by a vote of 7-0. 14.Consideration and possible action on a request for a Revised Preliminary Plat of 39.31 acres in the Leroy B. Lord and Joseph Fish Surveys, to be known as Shell Ranch, Section Two, with Variances to the Subdivision Regulations; located northwest of Shell Road. Hildy Kingma gave the staff report and recommendation. Don Bosse was present for the applicant. After the discussion, Cynthia Smith made a motion to approve the Revised Preliminary Plat of Shell Ranch, Section Two, provided the Technical Issues are addressed prior to City Council consideration. Approval of the requested variances to Section 33030 G.1., to permit Pecan Court, Hanover Court, Grove Court, and Beaufort Court to have 44 feet of right-of-way provided all lots that front on these streets are able to have rear access to alleys; to Section 33030 J., based on the proposed traffic calming or taming design; to Section 33030 W., thereby permitting the residential alleys to have 20 feet of right-of-way; and to Table 34020, thereby permitting 15 foot front yard setbacks as shown provided the houses are constructed with open, unenclosed, front porches, the setback is measured from the porch (no additional encroachments permitted), and all lots are built with detached garages that are located behind the house or setback a minimum of 50 percent of the depth of the lot, and that these requirements are also incorporated into the deed restrictions recorded for this subdivision, after making the required findings of fact. Cal Wilkerson seconded the motion which passed by a vote of 7-0. 15.Commissioners' comments and reports. Do not allow the meeting to continue this long. The area commission meeting of April 3, 1997 was discussed. The Commission decided to wait for further information from Ed Barry concerning a possible joint workshop meeting with City Council. 16.Staff comments and reports. a. Council action update. Hildy Kingma updated the Commission b.Board of Adjustment will be meeting on the Cell Towers Ordinance. It is recommended that Commissioners attend. The meeting was adjourned at 2:17 a.m.