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HomeMy WebLinkAboutMinutes_P&Z_03.05.2002 P&Z Meeting March 5, 2002 Page 1 Minutes Planning and Zoning Commission City of Georgetown, TX Tuesday, March 5, 2002, at 6:00 P.M. Gabe Sansing, Vice-Chair, called the March 5, 2002, Planning and Zoning meeting to order at 6:05 p.m. Other members present were Chris Aadnesen, Audrey McDonald, Richard Glasco, Robert Seamans and Marjorie Herbert. Staff present were Amelia Sondgeroth, Director, Bobby Ray, Chief Development Planner, David Munk, Development Engineer, Carla Benton, Development Planner, Melissa Murphy, Development Planner, Jim Babcock, Development Technician, Patricia Carls, City Attorney, and Tammye Sharpe, Staff Recorder, 1. Sansing made introductions of all new Board Members to be sworn in. Marjorie Herbert (Chair), Audrey McDonald, Gabe Sansing, Jeff Vercolen (Alternate), Linda Turner (Alternate) and Johnny Anderson (Alternate). John Kirby was not present. All were given Statements of Appointed Officer, Oaths of office and Ethics Affidavits that were signed and returned to recording secretary by the end of the meeting, and sworn in. Marjorie Herbert, Chair took over the presiding of the meeting at this time. 2. The election of Vice-Chair and Secretary. Richard Glasco was elected as Vice-Chair with a nomination by Aadnesen , second by Audrey McDonald, and an unanimous vote. Robert Seamans was elected Secretary with a nomination by Sansing, second by Glasco, and an unanimous vote. 3. Action from Executive Session - None On the Consent Agenda. 4. Consideration and possible action on Public Hearing of Public Review Final Plats for 30.06 acres in Phase 3-A and 27.20 acres in Phase 3-B, in the Frederick Foy Survey, to be known as Woodland Park Subdivision, Phases 3-A and 3-B, located on Woodland Park Drive, with variances to the Subdivision Regulations. 5. Consideration and possible action on a Public Hearing for Public Review Final Plat of 27.36 acres, more or less, out of he john Berry Survey, to be known as Chisholm Park, Section Two, located on CR 152, with possible variances to the Subdivision Regulations. 6. Consideration and possible action on a Public Hearing for a Revision to a Planned Unit Development of Park Wood Plaza, located at IH 35 South at Rockmoor Street. Gabe Sansing made the motion to approve the consent agenda as is. Chris Aadnesen seconded the motion, which passed with a vote of 6-0. On the Regular Agenda 7. Consideration and possible action on a Public Hearing for a Short Form Final Plat of a Resubdivision of Lot 32, Logan Ranch, Section 1, located ad 331 Logan Ranch Road, with variances to the Subdivision Regulations. This item was pulled from the Agenda per client’s request. P&Z Meeting March 5, 2002 Page 2 8. Consideration and possible action on a Public Hearing for a Rezoning for the City of Georgetown, Block 14, Lot 5, from RM-3, Office and Service Use to C-2A, Commercial 1st Height, or more restrictive district, to be known as Fabulous Cheesecakes and Gourmet, located at 307 Rock Street. Carla Benton presented staff report. Kim Rose, who lives at 307 Rock Street, spoke to the Commissioners about her support from the neighbors. Sansing asked if her business was at one time called Loretta's Fabulous Cheesecake. Rose answered yes. Seamans asked if C-1 was applicable for this request. Benton said that C-1 would not provide for wholesale, only for retail. Glasco asked if there were any parking requirements. Benton said there was minimal on-site parking, but because they were going to be in an existing building, and not expanding the building, then there were no requirements to parking. Gabe Sansing made the motion to recommend to the City Council. Robert Seamans seconded. Recommendation passed by a vote of 6-0. 9. Consideration and possible action on a public Hearing for Zoning of 24.732 acres out of the Antonio Flores Survey, from A, Agricultural to RM-2, Dense Multi-Family, or more restrictive district, also known as Pecan Branch Apartments, located at the intersection of CR 151 and N. Austin Avenue. Melissa Murphy gave staff report. Seamans asked what level of flood plain is in the area around the intersection of CR 151 and N. Austin Avenue. Murphy said there was quite a bit of flood plain there, but developer is planning to keep any and all buildings out of the flood areas and out of the Raymond Chan study area as well. Murphy said that the applicant would be coming to P&Z again to ask for two driveways on CR 151 and N. Austin Avenue for emergency access to the site. Sansing asked how the applicant was going to handle the run-off. Murphy said that the development engineer would be handling that with the construction plans that the applicant submits, along with TNRCC's requirements. Glasco asked what height of apartments would be going in. Wayne Everett, developer, said that there would be a mix of 2-story and 3-story units. Sansing asked again about the run-off from the rooftops and parking of the development going on to all the buildings downstream. Everett said that it would be going into a water quality/detention pond, per City and TNRCC requirements. Megan Strand, engineer for the applicant and employee of Bury & Partners, said the run-off will not be any higher rate than it is already, so there would not be any increase of run-off to affect any of the properties downstream. Sansing clarified that the applicant was planning a very large detention pond with a metered release. Seamans asked again about the utilization plans of the small piece at the corner of CR 151 and N. Austin Avenue. Everett said that that piece would not be used at all. Sansing again voiced his concern about the run-off, and asked that Bury & Partners do their best to assure that there would not be flooding downstream. Aadnesen made the motion to recommend to City Council. Glasco seconded the motion. Motion passed by a vote of 6-0. 10. Consideration and possible action on a Public Hearing for a Rezoning for the City of Georgetown, Block 10, portion of Lot 7 and Lot 8, from RS, Single Family to RM-3, office and Service use, or more restrictive district, located at 203 Austin Avenue. Carla Benton gave staff report. McDonald asked where the access would come from. Benton said from a driveway off 2nd Street. Glasco asked about the comment of opposition. Benton said that there was a neighbor to the east that had a dispute over property lines, but not the zoning. Seamans asked if the property line dispute had been dealt with. Jim Cummins, with Steger & Bizzell, said that "old town" Georgetown was hard to survey, and it depends where you start as to where the property lines are. There has been a mediation group that has decided where the property lines are, and the neighbor has not yet filed suit against the decision. Sansing made the motion to approve to the City Council. McDonald seconded. Motion passed by a vote of 6-0. P&Z Meeting March 5, 2002 Page 3 11. Consideration and possible action on a Variance to the Subdivision Regulations for Crystal Knoll Terrace, Unit 3, Block B, Lot 87, located at 110 Hickory Tree Drive. Melissa Murphy passed out a sheet of documentation for the basis of the requested variance, read the variance application that had been submitted by the applicants, and stated that staff was not in support of this request. Herbert asked what would have been the procedure to obtain the appropriate building permit. Murphy said that applicant would have filled out a permit application form, and during the Review Process, Gerban would have found out that he would not be allowed to enclose the patio area. Aadnesen asked who did the construction, and which neighbor was concerned about of the structure. Murphy answered the second question by saying that Gerban’s adjacent neighbor was the one with the concern. Willy Gerban, applicant, who lives at 110 Hickory Tree Drive, gave Commissioners pictures to look at. Gerban made some corrections to Murphy's report by saying that he had added only 3 feet over the setback line. Gerban said that the reason he built and enclosed the area was to have a place to keep his dogs from hearing all the outside noises that caused them to bark and bother the neighbors. Gerban pointed out he had no neighbors in the back, and he still had 14' of setback area. Gerban asked the Commissioners to look at his pictures to note the distance the patio was from the complaining neighbor, and to see that he used all the same color scheme and materials as the house itself, so it would be a compatible structure for the neighborhood. Seamans asked if the back fence was on the property line of his lot. Gerban said yes - from the corner of the house to the back fence is 14'. Seamans asked applicant who built the structure. Gerban said he had a San Antonio sub-contractor that helped him build. Seamans pointed out that the way Dogwood was stubbed out indicated that the street would most likely continue at some point in time, so there could be a future structure to the back of him. Murphy said that all of Crystal Knoll was within the ETJ, having all the City's services - water, electric and sewer - and when they are built out, there were plans to annex. Gerban said that he would not have bought the home had he known he could not enclose the patio. Gerban explained how hard it would be for them to tear down what was already built, as the roof was extended to fit onto the structure, and it would be costly and financially a burden to tear down - and asked if maybe the walls could possibly be taken down. Sansing asked how Gerban found out that he was in violation. Gerban said that his neighbor repeatedly complained to the City, and the City came out and wrote him a citation. Sansing asked if the City's Building Inspections Department made inspections in Crystal Knoll. Murphy said yes, because the subdivision has the City's water, electric and sewer, although, they do not inspect structural changes, only things that deal with water, electric and sewer. Seamans asked Gerban if he had obtained a certified plat of his lot during his closing that showed the setback lines. Gerban said yes, but he had not thought to look at it before building. Sheryl Puppco, who lives at 108 Hickory Tree, says that when she bought the house, she was in hopes that the Homeowner's Association ruled for the subdivision. Puppco said that no one else in the subdivision has any additions to their homes, and that Gerban was not obtaining the necessary building permits. Olga Gerban said that there was a huge ditch in the back of the property, and said she felt that there would be no buildings back there, and that they have restrained the dogs as best as they could. Gerban asked to be able to address his neighbor. Puppco objected. Herbert called a point of order. Gerban said that he had tried to address this with the Homeowner's Association before enclosing the patio, to which he never got a response back. Glasco, Murphy, Herbert and Seamans discussed the 14' remaining setback that Gerban felt he had left, concluding that the problem was not the additional 3 feet added to the patio, but the roof and the enclosure made the problem. Sansing gave a suggestion for a solution to bring the roof line back, which means that the building portion is not over the 20' setback line. Seamans, McDonald, Glasco, Aadnesen and Herbert were in agreement with staff to deny these variances. Aadnesen made the motion to make a recommendation to the City Council to deny the request. McDonald seconded. Motion was passed by a vote of 6-0. P&Z Meeting March 5, 2002 Page 4 12. Staff comments and reports a. Council Action update Melissa gave Council action update - Council approved the following: Park Central Section I Cimarron Hills SummerCrest Rezoning of Williams Drive Meadows of Georgetown (CP) Woodlake Phase I Second Reading for rezoning of University Park Unit II b. Director’s report. Amelia Songeroth reminded the Commissioners of the following important dates: Amelia Sondgeroth updated the Commissioners about the Future Land Use/Thoroughfare Plan maps and the Digital Zoning Map. Sondgeroth said that there has been good feedback and discussion regarding the Development Code on March 11th. The Planning and Zoning Workshop on the Development Code will be March 26, at 6:00, at the Council Chambers. On March 19th, there will be a Public Hearing on the Future Land Use/Thoroughfare Plan Zoning Amendment to include Digital Zoning Map at 6:00 in the Council Chamber. Aadnesen said that he will not be able to make the March 19th meeting. Herbert said she would not be able to make the March 11th meeting. Commissioners comments and reports: Aadnesen made the Commissioners aware of his reasons for declining as Secretary. Vercolen asked what the perimeters were for alternates. Sondgeroth addressed the question by pointing out that the alternates needed to be at the meetings because there was such a learning curve for becoming a Commissioner that it would take the time to be an alternate to be ready to serve when the time came. Training session with other city Commissioners in the next couple of months. Seamans said that he looks at the properties that he votes on, and said that the alternates should be invited to all workshops. Seamans made the motion to adjourn. Glasco seconded the motion. Motion passed by a vote of 6-0. Meeting was adjourned at 7:37 p.m. /tas