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HomeMy WebLinkAboutMinutes_P&Z_05.04.2004Minutes Planning and Zoning Commission City of Georgetown, TX Tuesday, May 4, 2004, at 6:00 P.M. Members Present: Christopher Aadnesen, Chairman; Johnny Anderson, Vice-Chairman; Audrey McDonald; Jennifer Shield; William Moore; Brian Ortego; and Russell Phillips. Members Absent: Harry Gibbs, Marlene McMichaels, and Sarah Milburn Staff Present: Amelia Sondgeroth, Planning and Development Director; Ed Polasek, Chief Long- Range Planner; Bobby Ray, Chief Development Planner; David Munk, Development Engineer; Carla Benton, Development Planner; Melissa McCollum, Development Planner; Patricia Carls, City Attorney; and Tammye Sharpe, Planning Specialist/ Recording Secretary. Meeting was called to order at 6:00 p.m. Chairman Aadnesen let the Pledge of Allegiance to the Flag. 1. Action from Executive Session - None. Consent Agenda 2. Consideration of the Minutes of the April 6, 2004, regular meeting of the Planning and Zoning Commission. Anderson made the motion to accept the minutes as written. Ortego seconded the motion, which passed with a vote of 7-0. Regular Agenda 3. Public Hearing and possible action to consider adopting a new element of the Century Plan: the Overall Transportation Plan. Polasek gave staff presentation, giving history on the Plan, and explained that GTEC (Georgetown Transportation Enhancement Corporation) was the 4B Corporation that collects the ¼ cent Sales Tax for transportation improvements. Polasek said City staff supports adoption of the Plan and the five amendments (or clarifications) from the GTEC Board, and was asking the Commission to recommend adoption of the Plan to City Council. Polasek introduced Bob Hamm with Wilbur-Smith Associates. Bob Hamm explained that the Plan was created and developed with the help of City of Georgetown staff, a Technical Advisory Committee (local agencies, TxDOT), and a Stakeholder Committee (community representatives, Chamber of Commerce, GTEC, neighborhood representatives), and the team from Wilbur-Smith & Associates. Hamm went over the five recommended changes. In closing, Hamm said the Plan is a fluid document - it would need to be updated over time, because of changes to the population and employment growth, the Land Use Plan, and other elements due to City growth. Hamm suggested coordination with the other agencies in the area, particularly from a funding standpoint (the City, County and TxDOT need to work together). Jean Ellis, CR 1105, was concerned about the non-connectivity between Walburg and IH 35 on the loop around Georgetown and that Williamson County farmland and rivers are being destroyed with development of roads. Ellis said that our food, cotton, and cattle are at a risk when there is no care given to our farmland. Polasek explained to Ellis that Walburg was not within the City’s planning area - it is beyond the ETJ (Extra Territorial Jurisdiction). Walburg connectivity would be considered on the County Road Plan. Ellis was told that a copy of the County Road Plan was at Development Services, to contact Joe England at the County Engineer’s Office, and/or to look on the County’s website. Polasek invited Ellis to come to the City to look at our copy on file. Russell Rinn, 1526 FM 1105, was in agreement with Ellis' concerns. Rinn also had questions on how to read the map/legend, and what Project J was. He expressed concern for the landowners being affected by their land being taken for roadways, and their rights. Hamm suggested that Rinn read Chapter 6 (available on the Internet), along with Chapter 4, to give the instruction on the tables and maps. Polasek said Project J was on the Williamson County Plan – it was a County project. Anderson made the motion to recommend to City Council approval of the Overall Transportation Plan as an element of the Century Plan, replacing the Thoroughfare Plan adopted on May 28, 2002, with the GTEC recommended changes to the Final Draft OTP. Shields seconded motion, which passed with a vote of 6-0-1. Phillips abstained from voting, adding he had no previous involvement with the Transportation Plan. 4. Consideration and possible action on Public Hearing for a Rezoning of 307.85 acres in the Isaac Donegan and Joseph Thompson Surveys, from AG, Agricultural District to RS, Residential Single-family; MF, Multifamily; and C-3, General Commercial Districts located at 2651 SH 29. Bobby Ray gave the staff presentation. Linehan, agent for Harvard Investments, gave his presentation, giving Commission a handout labeled “Parkland Dedication and Open Space Calculations”. Linehan spoke about the 22 acres of Parkland dedication and the 83 acres of Open Space on the property, the golden cheeked warblers, and the care with preserving the wildlife on the property. Linehan stated he felt the City would not want another quarry 2 ½ miles from the downtown area, and felt the mining opportunity was not financially viable. Iva McLachlan, 520 Wolf Road, was concerned about having her rights to mineral extraction stopped as a result of the rezoning. McLachlan said that she feels that Harvard Investment has not made a good effort to resolve the interest to the mineral owners. Linehan said that he felt there would not be a mining operation on the site due to the wildlife and it does not make sense to mine the property. He said that they have not been trying to avoid negotiations with mineral owners - participating parties have just not agreed on what each thought the mining of the land was worth. Again, Linehan said he felt the City would not want to have another mining quarry so close to town, and reminded Commission that the Future Land Use Plan projects roads going through this property. Anderson said that the City Council meeting that deliberated this issue concurred that the default zoning (agricultural) did not preclude any extraction rights that the other mineral owners might have, so there would be no damage to the interest of the mineral owners’ rights. Anderson further stated if the property is rezoned to commercial or residential, it would not be an accepted use anymore - their rights would basically be worthless, and because of this, the rezoning seems to be a major impediment in moving this item forward. Linehan informed Commission that about 60 acres of the 310 acres could be mined. Commission convened to Executive Session, at 7:03 p.m. (Section 551.071). Executive Session adjourned at 7:17 p.m. Regular meeting reconvened at 7:20 p.m. Anderson and Aadnesen would not recommend approval of the rezoning until there was resolution between the applicant and the mineral rights owners, and did not want to forward to City Council to have to make a decision on this request. Moore said he would like to see a resolution of the difference between the parties on the sale of that land. Moore and Shield suggested a motion to recommend approving, with the condition the applicant and landowners resolve their issue. Linehan asked to postpone Items 4 and 5 for one month, until the June 1st Planning and Zoning meeting. Anderson made the motion to allow the applicant to postpone items 4 and 5 until such time the applicant was comfortable bringing the item back before Planning & Zoning. Aadnesen seconded the motion, which passed with a vote of 7-0. 5. Consideration and possible action on a Preliminary Plat o 307.85 acres in the I. Donegan and J. Thompson Surveys, to be known as Shadow Canyon Subdivision, located on SH 29 West, with requested waivers to the Unified Development Code. Item postponed by 7-0 vote (see item #4 motion). 6. Consideration and possible action on a request for approval to have driveway access to Lovie Lane, a collector level street instead of the required local street of Laverne Terrace for Logan Plateau, Block C, Lot 16, and Block A, Lot 15, located at 201 and 113 Laverne Terrace. McCollum gave staff presentation, letting Commission know staff was supportive of the request because applicant will be able to meet driveway separation access requirements, and that the action decided by Commission would be final. Ortego confirmed that Lovie Lane would connect to vacant land in the future. McCollum read Section 34020.F.3 of the Subdivision Regulations which states that quarter lots adjacent to streets of unequal classification (Lovie Lane is classified as a collector street and Laverne Terrace is a local street), shall access the lower classification street only, and only one driveway approach shall be allowed, except as otherwise approved by Commission. McCollum said that Commission could look at lots specifically and decide whether applicant could take access off the higher classification street when requested. McCollum confirmed that applicant wanted to preserve trees on the site by allowing access from the separate garage onto the collector street, Lovie Lane. Wally Wilson, 285 Sedro Trail, Georgetown, representing Bradley Cockrum, gave his presentation, saying the request would save trees on the site, and a side entry garage is aesthetically more appealing than access in front on the home with a "football field" of concrete. Wilson could not address the question if there was any architectural guidelines to the neighborhood that said front entry garages should face a certain direction. McCollum informed the Commission that this was not considered a variance because this part of the Code allows the Commission to look at the lots individually and do not have to come up with Finding of Facts. Russell asked if staff was concerned about the number of daily trips on Lovie Lane when the connection takes place and what it would do to the classification of the collector street; and if there were any safety issues. McCollum said those issues would be addressed in the Preliminary Plat with the future platting of the Reserve of Berry Creek next door to this subdivision, but Lovie Lane would stay a collector level street. Shield made the motion to approve the requested driveway access from Lovie Lane, a collector level street instead of the required local street of Laverne Terrace for Logan Plateau, Block C, Lot 16, and Block A, Lot 15, located at 201 and 113 Laverne Terrace. Ortego seconded the motion, which passed with a vote of 7-0. 7. Consideration and possible action on a Public Hearing for a Rezoning from MF, Multifamily to OF, Office, for South San Gabriel Urban Renewal, Block C, Lot 1 (part of), located at 1301 Scenic Drive. Ray gave the staff presentation, adding that staff was in support of the request for rezoning. Applicant was not present at the meeting. Moore had an issue with the requested rezoning allowing a truck park on the property. Moore explained there was a City ordinance not allowing trucks to park within 300 feet of a residential property, and if zoning was changed, this might allow truck parking to be permissible. Ray said that truck parking would not be allowed per the district regulation. Sondgeroth concurred, saying that the UDC would not allow truck parking after rezoning. Shield made the motion to recommend to City Council to approve of a rezoning from MF, Multi- family to OF, Office, for South San Gabriel Urban Renewal, Block C, Lot 1 (part of), located at 1301 Scenic Drive. Moore seconded the motion, which passed with a vote of 7-0. 8. Consideration and possible action on a Public Hearing and a Preliminary Plat of a Resubdivision of City of Georgetown, Block 24, Lots 1-8, to be known as Block 24 Subdivision, located between Austin Avenue and Main Street, 4th Street and 5th Street. Carla Benton gave the staff presentation. Benton confirmed that the applicant had gone to Parks and Recreation with the concept, but would be going back to them during the Site Plan process. Benton verified there were many large trees on site to be saved along Main Street, but the buildings were to be torn down. Kent Collins, 823 Congress, Suite #800, Austin, one of the developers, gave his presentation, using a Site Plan of the property with tree location. Collins said three of four large trees would be saved; there would be 4 detached homes and 4 townhouses; along with a commercial building. Sondgeroth talked about the Regional Downtown Water Quality Study (project lead being David Munk, Development Engineer). Collins said that the Historical Architectural Review Committee (HARC) seemed supportive of the project. Sondgeroth said that Council approved a project to address water quality and detention issues in the Downtown Overlay District to allow projects, such as this, to be able to occur, so we do not have individual ponds on individual sites - to look at a regional approach to water quality. Sondgeroth said this project study should be completed to go before Council at the end of May or first part of June. Matthew Moore, with Water Street Engineering, 1803 E Cesar Chavez, Austin, Texas, was present to answer any questions. Anderson made the motion to recommend to City Council to approve a Preliminary Plat of a Resubdivision of the City of Georgetown, Block 24, Lots 1-8, to be known as Block 24 Subdivision. Moore seconded the motion, which passed with a vote of 7-0. 9. Consideration and possible action on a Public Hearing and a Final Plat of a Resubdivision of Snyder Addition Revised, Block 50, 0.66 acres to be known as Jorgenson Subdivision, located at 16th and Olive Streets. Benton gave the staff presentation, informing Commission that staff had received 7 letters of objections on the following: size of lots, property value, provisions of adequate utilities, access onto Maple Street, traffic, lack of existing sidewalk, neighborhood control of construction, and a detraction to quality homes. Moore verified that sidewalks were to be placed on Maple Street (builder's street), E 16th Street (builder's side), and Olive Street (builder's side). P J Stevens, with Steger & Bizzell Engineering, was present to answer questions. Amanda West, 1505 Olive Street, had concern about having two structures on the two small lots, and suggested maybe one structure on both lots. West said the constructions of small homes sometime are not constructed with quality, and deteriorate quickly. West had concern with utility sewage problems, the transformer on 16th/Olive Streets rusting off, and the value of her home decreasing. Brent Sumner, 1604 Olive Street, lives next door, had concern of adding structures on such small lots, and the value of his home decreasing. Stevens assured the Commission that the applicant did not want to degrade the neighborhood, and wanted to work with the neighborhood with any issues. Stevens said that the applicants would be selling the lots, not building homes on them. Moore made the motion to recommend to City Council to approve the Final Plat of a Resubdivision of Snyder Addition Revised, Block 50, 0.66 acres to be known as Jorgenson Subdivision. Motion was seconded by Shield, which passed with a vote of 7-0. 10. Consideration and possible action on a Public Review Final Plat of 50.77 acres out of the J. Sutherland, C. Joyner and GB Mayhall Surveys, to be known as Estates of Westlake, Phase 3, located along Highland Spring Lane, with a variance to the Subdivision Regulations. Benton gave the staff presentation, going over the variance to the Subdivision Regulations to allow the 50 foot right-of ways. Tom Watts, with Ralph Harris Surveying, was present to answer questions. Motion was made by Shield to recommend to City Council to approve the Public Review Final Plat of 50.77 acres out of the J. Sutherland, C. Joyner and GB Mayhall Surveys, to be known as Estates of Westlake, Phase 3, and after making the findings of fact, approval of a variance to the Subdivision Regulations to allow 50 foot right-of-ways. Phillips seconded the motion, which passed with a vote of 7-0. 11. Consideration and possible action on Public Hearing for a Rezoning of 3.073 acres in the C. Stubblefield Survey, from IN, Industrial District to C-3, General Commercial District located at 516 Leander Road. Ray gave the staff presentation. Shane Shafer, owner, and Steve Turner, agent, were present to answer questions. Shield made the motion to recommend to City Council to approve a rezoning of 3.073 acres in the C. Stubblefield Survey, from IN, Industrial District to C-3, General Commercial District located at 516 Lender Street. Aadnesen seconded the motion, which passed with a vote of 7-0. 12. Comments from Director. Director gave the report of Council action. At the April 13th City Council meeting, Council approved the 2nd Reading of the Crestview Addition, located at 1602 Williams Drive; and approved the 2nd Reading of the Downtown Overlay District - both approved unanimously. Sondgeroth said all Ordinance Amendments are in place for the UDC. At the April 27th City Council meeting, Council approved the Preliminary Plat for Fountainwood Plaza and denied the Century Plan Amendment for the 3.11 acre tract located on Country Club Road (consistent with P&Z recommendations). Sondgeroth reminded the Commission about the Special Meeting on May 18, 2004, at 6:00 p.m., at the Council Chambers, for the proposed Unified Development Code (UDC) amendments. 13. Comments from Commission. Aadnesen asked Commissioners to try to attend Workshops. Gibbs made the motion to adjourn. Shield seconded the motion, which passed unanimously. Meeting was adjourned at 8:21 p.m. /tas