HomeMy WebLinkAboutMinutes_P&Z_10.07.1997MINUTES
PLANNING AND ZONING COMMISSION
October 7, 1997, 6:00 P.M.
Chair, Leon Douglas called the October 7, 1997, Planning and Zoning Commission meeting to order at 6:05,
and explained the meeting process. Other Commissioners present were: Claude Proctor, Cal Wilkerson, Robert
Brannon, Patrick Walsh and Charles Parker. Cynthia Smith was absent. Staff members present were Hildy
Kingma, Chief Development Planner, Wendy Walsh, Development Planner, Tom Bolt, Building Plan Reviewer,
Kim Shaw, Development Planner, David Munk, Development Engineer, Carla Benton, Development Technician,
Jim Babcock, Development Technician, Marianne Banks, City Attorney and Janis Russell, Recording Secretary.
Consent Agenda
1. Consideration and possible action on the minutes of the September 2, 1997, Planning and Zoning
Commission Meeting.
2. Variance to the Subdivision Regulations for River Bend, Unit V, Phase I, Block B, Lots 1 and 16, located at
2901 Brandy Lane and 3000 Parker Drive.
3. Consideration and possible action on a Rezoning of a part of Lot 5, Block 39 in the Original Townsite of
the City of Georgetown, from RS, Residential Single Family, to RM-3, Office and Service Use, or any
more restrictive district, located at 604 Church Street.
4. Consideration and possible action on a request for a Public Review Final Plat for 115.53 acres in the
Woodruff Stubblefield Survey, to be known as White Rock Estates, Phase One, with Variances to the
Subdivision Regulations, located at SH 29 East and CR 106.
5. Consideration and possible action on a request for a Detailed Development Plan of 18.719 acres in the
Joseph Fish and David Wright Surveys, to be known as Lot 1, Block A, of HEB/Georgetown No. 2
Subdivision, located on Shell Road and Williams Drive, with Variances to the Subdivision Regulations.
7. b. Consideration and possible action on a request for a Century Plan Amendment of Gabriel Heights
Subdivision, Block 2, Lot 9, from Intensity Level 3 to Intensity Level 4, located at 307 Shannon Lane.
Claude Proctor made a motion to approve Agenda Items 1-5 and 7b., excluding Items 6 and 7a., which were pulled
from the Consent Agenda to be considered individually. Patrick Walsh seconded the motion which passed by a
vote of 6-0.
P&Z Meeting
October 7, 1997
Page 2
Regular Agenda
6. Consideration and possible action on a request for a Public Review Final Plat of 90.76 acres in the Williams
Roberts Survey, to be known as The Reserve at Berry Creek, Sections 1A - 1F, located north of the
intersection of Logan Ranch Road and Luna Trail, with Variances to the Subdivision Regulations. A
Memo from the applicant was read by Leon Douglas regarding Lots 27-43, Sections 1D and 1F, stating that
these lots would be a minimum of 140 feet in depth and would be restricted to one story structures. Further,
the developer agrees to build an eight foot privacy fence along the rear of the subject lots prior to the
construction of any homes in this section and a rear setback of 40 feet will be required. Hildy Kingma
gave the staff report and recommendation. Bob Wunsch, owner of the property was present. Dave
Steele, an adjacent property owner had questions regarding park land, the routing of the north/south
collector, the utility line, road easement, fences along the easement, and the continuation of curbs and
gutters. He stated that he had contacted the Community Owned Utilities Division, with no response,
regarding electric lines. Hildy Kingma and Bob Wunsch responded to his questions. Don Collier, an
adjacent property owner asked for clarification on who the owner of this property is. Bob Wunsch
responded. After the discussion, Cal Wilkerson made a motion to approve the Public Review Final Plat of the
Reserve of Berry Creek, Sections 1A-1F, provided the Technical Issues are addressed prior to City Council consideration. Approval of the
variances to Table 33030-A thereby permitting the specified lots to take access to a minor arterial; and to Table 34020 thereby permitting
15 foot front yard setbacks on the specified lots, substandard lots sizes in Section 1E, and substandard size median lots, after making the
required findings of fact. Approval of the following stipulations regarding Lots 27-43, Sections 1D and 1F: lots will be a
minimum of 140 feet in depth, lots will be restricted to one story structures, an eight foot privacy fence will
be constructed along the rear property line prior to the construction of any homes in this section, and a rear
setback of 40 feet will be required. Robert Brannon seconded the motion which passed by a vote of 6-0.
7. a. Consideration and possible action on a request for a Rezoning with a Site Plan as required by the
Zoning Ordinance, with Variances to the Subdivision Regulations and Special Permit of Gabriel Heights
Subdivision, Block 2, Lot 9, from RS, Residential Single Family, to RO, Residential Office, located at 307
Shannon Lane. Wendy Walsh gave the staff report and recommendation. Glenn Neans, agent for the
applicant, was present. Jeff Sidel, adjacent property owner addressed the Commission with his concern that
he was unaware of the proposal and wanted to be brought up to date. Leon Douglas responded. Robert
Brannon made a motion to approve the request to rezone the property from the RS, Residential Single Family
zoning district to the RO, Residential Office district with approval of the attached site plan and approval of a
Special Permit for professional psychological counseling services subject to the property being used to office
only one professional psychologist and any change in the proposed use of the property shall require a
rezoning of the site. Approval of the requested variances to the required site plan to waive the requirement
for 350 feet of frontage or three lots fronting on Williams Drive, allowing the provision of six parking spaces
and encroachment of parking areas into the side and rear setbacks as shown on the attached site plan, after
making the required findings of fact. Patrick Walsh seconded the motion which passed by a vote of 6-0.
8. a. Consideration and possible action on a request for a Rezoning of Wood Ranch, Section Five, Block
1, Lot 5, from RS, Residential Single Family, to C-1, Local Commercial, or any more restrictive district,
located at SH 29 and D.B. Wood Road.
b. Consideration and possible action on a request for a Short Form Record Final Plat and Plat Note
P&Z Meeting
October 7, 1997
Page 3
Amendment of the Resubdivision of Lots 5 and 6, Block 1, Wood Ranch, Section Five, with Variances to the
Subdivision Regulations, located at SH 29 and D. B. Wood Road.
Chair, Leon Douglas directed staff to present on both 8a. and 8b. and then the Commission would vote on
them individually.
Kim Shaw gave the staff report and recommendation. Don Bizzell, agent for the applicant, addressed the
Commission and passed out a proposed Detailed Development Plan (DDP) to the Commission for
clarification of some questions asked. Larry Morgan, president of the Wood Ranch Homeowners
Association, addressed the Commission. He passed out a copy of a letter which had been sent to the
developer of Wood Ranch by the Association. Following Larry Morgan, Howard Nemetsky and Frank
Handley addressed the Commission. Their concerns were that this development would decrease their
property values, affect the safety of the neighborhood, and that the commercially zoned lots would be too
close to the residential lots, especially on Wood Court. Discussion followed and Hildy Kingma gave some
history of Lot 6 and its rezoning. Extensive discussion followed. Pat Walsh made a motion to table this
item and consider it at November’s meeting after Don Bizzell and the applicant met with adjacent
homeowners and discussed modifications to the plat. Claude Proctor seconded the motion which failed to pass
by a vote of 2-4. Robert Brannon made a motion to approve the rezoning of Lot 5, Block 1, Wood Ranch,
Section Five from RS, Residential Single Family to C-A, Local Commercial Restricted (office use only)
subject to the approval of the Short Form Final Plat - including variances and a shared access easement
amendment. Cal Wilkerson seconded the motion which failed to pass by a vote of 3-3 (Commissioners
Claude Proctor, Patrick Walsh and Charles Parker were opposed). More Discussion followed by the
Commission. Mr. Bizzell readdressed the Commission. Howard Nemetsky addressed the Commission again.
The Commission went into Executive Session at 8:20 and reconvened at 8:35. Mr. Bizzell readdressed the
Commission with a possible 30 day postponement of these items so they could be reconsidered at the same
time as the DDP. Robert Brannon made a motion to approve the rezoning of Lot 5, Block 1, Wood Ranch,
Section Five from RS, Residential Single Family to C-A, Local Commercial Restricted (office use only)
subject to the approval of the Short Form Final Plat - including variances and a shared access easement
amendment. Cal Wilkerson seconded the motion which failed to pass by a vote of 3-3 (Commissioners
Claude Proctor, Patrick Walsh and Charles Parker were opposed). Patrick Walsh made a motion to table
Agenda Item 8b. until the November Commission meeting. Robert Brannon seconded the motion which
passed by a vote of 6-0. Item 8b. will only be considered at the November meeting if the rezoning is
approved by the City Council.
9. a. Rezoning of a Resubdivision of San Gabriel Heights, Block B, Lots 21-23, Section Five and
Block H, Lots 8-11, Section Three, from A, Agricultural, to RS, Residential Single Family.
b. Short Form Record Final Plat of a Resubdivision of San Gabriel Heights, Section Six, Lot 1, and
San Gabriel Heights, Block B, Lots 21-23, and Block H, Lots 8-11, Section Three, with Variances to the
Subdivision Regulations.
A posting error was discovered. These items will be considered at the November Planning and Zoning
Commission meeting.
P&Z Meeting
October 7, 1997
Page 4
10. Consideration and possible action on a request for a Conveyance Plat and Century Plan Amendment
from Intensity Level 3 and 4 to Intensity Level 4, for 30.73 acres in the John Berry Survey, to be
known as the Vogler Subdivision. Wendy Walsh informed the Commission that the conditions
which must be fulfilled prior to the second reading of the rezoning ordinance for this property have
not been satisfied, and these conditions are integral to the evaluation of the Conveyance Plat and
Century Plan Amendment applications. Therefore, both applications cannot be sufficiently
evaluated to be considered by the Planning and Zoning Commission and City Council. However, the
applicant has asked that the Commission and Council consider these items in order to arrive at an
interpretation of the Subdivision Regulations that is different from the staff’s interpretation. John
Warden, agent for the applicant, asked deferral of action on this item until agenda item #11 was
discussed because they are closely related. After the discussion, Robert Brannon made a motion to
deny both the Conveyance Plat and Century Plan Amendment requests because the appropriate
application was not made. Cal Wilkerson seconded the motion which passed by a vote of 5-0-1,
with Patrick Walsh abstaining.
11. Consideration and possible action on a request for a Rezoning from A, Agricultural, to C-1, Local
Commercial, for 1.95 acres in the John Berry Survey, to be known as Embree Subdivision, Lots 1
and 2, Century Plan Amendment from Intensity Level 3 to Intensity Level 4, and a Short Form
Record Final Plat of Embree Subdivision. Wendy Walsh informed the Commission that these
applications were not sufficiently developed by the applicant to be considered by the Planning and
Zoning Commission and City Council. The applicant was informed of the requirements which must
be met in order for these applications to proceed with a staff recommendations for conditional
approval. However, the applicant asked that the Commission and Council consider these items in
order to arrive at an interpretation of the Subdivision Regulations that is different from the staff’s
interpretation. Jim Embree, the applicant, addressed the Commission. John Warden, agent for the
applicant, addressed the Commission and responded to the Commission's questions regarding the
interpretation of Section 35021 of the Subdivision Regulations. After the discussion, John Warden
asked that the Commission table these items until complete applications could be made. The
Commission discussed this request. Cal Wilkerson then made a motion to deny the requests for
Rezoning, Century Plan Amendment, and Short Form Record Final Plat because the appropriate
application was not made. Claude Proctor seconded the motion which passed by a vote of 6-0.
12. Commissioners' comments and reports. None were made.
13. Staff comments and reports.
a. Council action update. Possible dates for Commission/Council joint meeting. It was
decided that any Wednesday would be best for the Commission.
With no further business, the meeting was adjourned.
/jmr