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HomeMy WebLinkAboutMinutes_P&Z_07.05.2005Planning & Zoning Commission Minutes / July 5, 2005 Page 1 of 6 City of Georgetown, Texas Minutes of The Planning and Zoning Commission Meeting Tuesday, July 5, 2005, 6:00 P.M. Council Chambers 101 E. 7th Street, Georgetown, Texas 78626 Members Present: Johnny Anderson, Chairman; Harry Gibbs, Vice-Chairman; Audrey McDonald, Secretary; Marlene McMichael; William Moore; Brian Ortego; and Jennifer Shield. Alternate: Don Padfield. Members Absent: Alternates: Sarah Milburn and Russell Phillips Staff Present: Bobby Ray, Interim Director; Ed Polasek, Chief Long Range Planner; Melissa McCollum, Development Planner; Carla Benton, Development Planner; Rebecca Rowe, Historic/Downtown Overlay Planner; David Munk, Development Engineer; Trish Carls, City Attorney and Karen Frost, Recording Secretary. Chair Anderson called the meeting to order at 6:05 p.m. Pledge of Allegiance was recited. Commissioner Anderson stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission one time only for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. Regular Session - To begin no earlier than 6:00 p.m. 1. Action from Executive Session. There were no executive session items. Consent Agenda The Consent Agenda includes non-controversial and routine items that the Commission may act on with one single vote. A Commissioner or any member of the public may request that any item from the Consent Agenda be pulled in order that the Commission discuss and act upon it individually as part of the Regular Agenda. The Planning and Zoning Commission's approval of an item on the Consent Agenda will be consistent with the staff recommendation described in the report, unless otherwise noted. 2. Consideration of the Minutes of the June 7, 2005 meeting of the Planning and Zoning Commission. Planning & Zoning Commission Minutes / July 5, 2005 Page 2 of 6 Motion by Ortego to approve the minutes with corrections, item 6 change Ortiz to Ortego and item 7, the applicant’s name should be spelled Wieder both times. Second by Shield. Motion passed 7-0. Regular Agenda 3. Consideration and possible action on a Public Review Final Plat for 83.313 acres out of the Asa Brown and J.T. Church Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section Five, located off FM 2243 (Leander Road). Staff report was given by Carla Benton. This application is for 30 of the 547 proposed lots. This application is consistent with the original Concept Plan and meets the City standards. Dedicated park land is located along the back of the lots, on the river. Applicant, Grady Kao from Brown Engineering in San Antonio was available for questions. He confirmed for Chariman Anderson that park access was only from FM 2243. The park is mainly green space along the river. No comments were given by citizens. Motion by McDonald to recommend to City Council approval of a Public Review Final Plat for 83.313 acres out of the Asa Brown and J.T. Church Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section Five. Second by McMichael. Approved 7-0. 4. Consideration and possible action on a Resubdivision of Logan Plateau, Block A, Lots 1 and 2, located at the intersection of Lovie Lane and Logan Road. Staff report was given by Melissa McCollum. The application is to divide two large lots into five smaller lots. Applicant, Jim Cummings was available for questions. No comments were given by citizens. Motion by Moore to recommend to City Council approval on a Resubdivision of Logan Plateau, Block A, Lots 1 and 2. Second by Shield. Approved 7-0. 5. Public Hearing and possible action on a Rezoning of a .1148 acre portion of Lost Addition, Block 64 from RS, Single-Family Residential to C-2, Downtown Commercial, located at 212 W. 10th Street. Staff report was given by Rebecca Rowe. Staff supports this item. The applicant is proposing this property be rezoned for an office. Chair Anderson confirmed this property will have to be reconfigured to be ADA compliant. Moore asked the reasoning behind the C-2 request. Rowe and Bobby Ray responded that C-2 is consistent with the Downtown Master Plan, where this property is located. Moore expressed concern about the various uses that would be allowed. Gibbs said that the lot configuration would prohibit certain uses from a practicle side. Planning & Zoning Commission Minutes / July 5, 2005 Page 3 of 6 Speakers: Clare Easley of 912 Forest Street protested the other uses available to the applicant in a C-2 zoning. She only wanted the use to be residential. Paulette Taylor of 705 W. 8th Street protested commercialization of this community. John C. Johnson, Jr. of 303 E. 9th Street expressed his opposition to this Rezoning because it represents growth of commercial properties into the neighborhood and the Master Plan is too generous. Bobby Ray and Rowe spoke to the clarification of C-2 and the consistency of the Land Use Plan and the Downtown Master Plan. Gibbs and Shields spoke to the positive growth of the area and support of the change to commercial zones. Moore spoke against changing the zoning to C-2 uses and destroying the neighborhood Chair Anderson called on the Applicant, Kevin Stotz of Austin, Texas who came in late and was available for comments. He stated that he doesn’t have definite plans for the property but would like to see an office there but wants C-2 to keep his options open. Commissioners deliberated this item. Motion by Ortego to recommend to City Council denial of a Rezoning of a .1148 acre portion of Lost Addition, Block 64 from RS, Single-Family Residential to C-2, Downtown Commercial . Second by Moore. Approved 4-3. Ortego, Moore, McDonald and Anderson approved. Motion by Shield to recommend to City Council approval of a Rezoning from RS, Residential Single-family district to OF, Office district for a portion of Block 64 of the Lost Addition, located at 212 W. 10th Street. Second by McMichael. Approved 6-1. (Moore opposed.) 6. Public Hearing and possible action on a Comprehensive Plan Amendment – to change the Intensity Level from Level 3 to Level 5 for 1.74 acres of the Porter Survey and to change the Land Use from Residential to Office/Retail/Commercial, located at 1308 Williams Drive. Staff report was given by Ed Polasek. Staff is recommending denial of Office, Retail, Commercial on the interior lots based on inconsistency and incompatibility with the Land Use Plan and Overlay District. Chair asked to hear item 7 staff report at this time since the properties are the same. Bobby Ray gave the staff report. Staff has concerns that giving an Intensity Level 5 and retail uses opens the property up for many uses that the City would not be able to establish standards consistent with adjacent properties. The adjacent property owners would not have the same privileges as this property owner. McMichaels questioned the C-3 request instead of C-1 for the proposed restaurant. Ray responded that the applicant didn’t want the setback standards imposed on the C-1 District designation. Planning & Zoning Commission Minutes / July 5, 2005 Page 4 of 6 Applicant, O’Barr Rost of 207 Serenada Drive was available to give an overview and to answer any questions. He distributed a handout, available with the recording secretary for record, and spoke to his presentation. He spoke to the fact that his plans had changed on the adjacent property and now has plans to put a restaurant on this property. His choice of C-3 is based solely on the build-to line requirement, not uses. Ray explains staff concerns that C-3 uses, even with controlled uses, would still not allow design options consistent with that area, a proposed pedestrian oriented area. Deliberation by Commissioners. Polasek explains intensity and potential uses of a planned area and the effect of “spot” inconsistent zoning. The only way to avoid this type of inconsistency is for all the properties came in together as a “block” to change to a mixed-use with certain design guidelines. Speakers: Clay Shell, speaking for the Shell Family Trust, 1402 Williams Drive. Their family is between the properties being discussed tonight. The family is not against commercial uses on these lots, but wants restrictions on the river access and use to protect the river. Their family has no intent to change their property use at this time. Nancy Wagers of 505 Morris Drive, Bruce Taylor of 508 Morris Drive, and Scott Van Sickle of 506 Morris Drive expressed their concerns and opposition to this rezoning, stating that these uses would harm their quality of life. Motion by Moore to recommend to City Council denial of a Comprehensive Plan Amendment – to change the Intensity Level from Level 3 to Level 5 for 1.74 acres of the Porter Survey and to change the Land Use from Residential to Office/Retail/Commercial. Second by McDonald. Approved 6-1. 7. Public Hearing and possible action on a Rezoning of 1.74 acres of the Porter Survey from RS, Residential Single-Family to C3, General Commercial, located at 1308 Williams Drive. Staff report was given by Bobby Ray with Item 6. Staff is recommending denial of this request based upon no control of property development by the City under the C-3 designation, unless it was conditioned to a specific site plan. C-3 is inconsistent with the area master plan. Applicant, O’Barr Rost of 207 Serenada Drive was available to give an overview and to answer any questions. Speakers; Scot Van Sickle of 506 Morris Drive expressed his concerns that this was not what the neighbors want on this property. Clay Shell of 1402 Williams Drive representing the Clay Family Trust and adjacent property owners, stated they were not in opposition to this application. Deliberation by Commissioners. They discussed options for this property. Planning & Zoning Commission Minutes / July 5, 2005 Page 5 of 6 Motion by Moore to recommend to City Council denial of a Rezoning of 1.74 acres of the Porter Survey from RS, Residential Single-Family to C3, General Commercial. Second by McDonald. Approved 7-0. 8. Public Hearing and possible action on a Comprehensive Plan Amendment – to change the Intensity Level from Level 3 to Level 5 for 3.10 acres of the Porter Survey and to change the Land Use from Residential to Office/Retail/Commercial, located at 1502 Williams Drive. Staff report was given by Ed Polasek. Staff is recommending denial of this request based on the inconsistency with the Land Use Plan and Williams Drive Plan. Applicant, O’Barr Ross of 207 Serenada Drive was available to give an overview of the project and to answer any questions. No comments were given by citizens. Motion by Gibbs to recommend to City Council approval of a Comprehensive Plan Amendment – to change the Intensity Level from Level 3 to Level 5 for 3.10 acres of the Porter Survey and to change the Land Use from Residential to Office/Retail/Commercial. Second by Shield. Approved 7-0. 9. Public Hearing and possible action on a Rezoning of 3.10 acres of the Porter Survey from RS, Residential Single-Family to C3, General Commercial, located at 1502 Williams Drive. Staff report was given by Bobby Ray in Item 8. This item was discussed with Item 8. Motion by Gibbs to recommend to City Council approval of a Rezoning of 3.10 acres of the Porter Survey from RS, Residential Single-family to C3, General Commercial, limiting the uses of passenger terminal, detention center, utility use, self parking, self- storage, vehicle sales and service, warehouse and freight movement, wholesale trade, kennels, and fuel sales. Second by McMichael. Approved 6-1. Ortego opposed. 10. Consideration and possible action on a request for Churchill Farms Section Four, Block A, Lot 39 to approve a second driveway access for a corner lot and a waiver to maintain the platted setbacks. Staff report was given by Carla Benton. Staff is supportive of this request, but only with a right in, right out driveway. Applicant, Richard Biels of 222 Pinbride, Houston, Texas was available to give an overview of this request and answer questions. Speaker, Harold Capps of 600 Belmont Drive was available to express the support of the Church Hills Farms Neighborhood Association. Commissioners deliberated this item and discussed concerns. Planning & Zoning Commission Minutes / July 5, 2005 Page 6 of 6 Motion by Shields to recommend to City Council approval on a request for Churchill Farms Section Four, Block A, Lot 39 to approve a second driveway access with a right- in and right-out for a corner lot and a waiver to maintain the platted setbacks. Second by Ortego. Approved 7-0. 11. Comments from Director. Ed Polasek, Chief-Long Range Planner, reported that at the June 28, 2005 City Council meeting there were two items that directly related to the Commission’s job on what it will be doing in the near future; the Land-Use update and the boundaries of the City and what our planned area is going to be for our Comprehensive Plan. Notification is being mailed to property owners to inform them that the City of Georgetown is asking them to come into the City’s ETJ. 12. Comments from Commissioners. Chair Anderson reported that the Comprehensive Plan Subcommittee has had one meeting to date. Commissioners were asked to meet with their subcommittee prior to the August Planning and Zoning meeting and be prepared to present an update at that time. Chairman Anderson emphasized the importance of the subcommittees to show leadership and to be proactive with regards to providing guidance. It was suggested that staff be invited to subcommittee meetings. Chairman Anderson also reminded Commissioners to inform Rhonda Conklin, Recording Secretary, of upcoming subcommittee meetings to ensure compliance of the 72-hour public posting requirement. Chairman Anderson requested that Recording Secretary send Commissioners a list of Subcommittees for their information. Chairman Anderson reported that the City Council voted on June 28, 2005 to deny the manufacturing housing recommendation and to approve recommendation for the wireless tower. Motion by Shield to adjourn. Second by Gibbs. Meeting was adjourned at 8:38 p.m. _______________________________ __________________________________ Approved, Johnny Anderson, Chair Attested, Audrey McDonald, Secretary