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HomeMy WebLinkAboutMinutes_P&Z_03.07.2006 Planning & Zoning Commission Minutes March 7, 2006 Page 1 of 10 City of Georgetown, Texas Minutes of the Planning and Zoning Commission Meeting Tuesday, March 7, 2006 at 6:00 P.M. Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Members Present: Johnny Anderson, Chairman; Will Moore, Secretary; Patrick Lawson, Alternate; Brian Ortego, Don Padfield, Alternate; Russell Phillips, Alternate; and Jennifer Shield. Members Absent: Harry Gibbs, Vice-Chairman, Marlene McMichael, and Sarah Milburn. Staff Present: Bobby Ray, Director; Carla Benton, Development Planner; Melissa McCollum, Development Planner; Jennifer Bills, Development Planner; David Munk, Development Engineer; Ed Polasek, Principal Long Range Planner; Clay Shell, Deputy Fire Chief; Anthony Lincoln, Fire Chief; Paul Brandenburg, City Manager; Shirley Rinn, Assistant to City Manager; Trish Carls, City Attorney and Karen Frost, Recording Secretary. Chair Anderson called the meeting to order at 6:02 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 was not an Executive Session. 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 may 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 February 7, 2006 meeting of the Planning and Zoning Commission. Planning & Zoning Commission Minutes March 7, 2006 Page 2 of 10 Motion by Padfield to approve the Consent Agenda item which includes the minutes. Second by Shield. Approved 6-0. (Phillips was not yet present for this item.) Regular Agenda 3. Presentation of, and Possible Action on, the Williams Drive Gateway Redevelopment Master Plan City Manager, Paul Brandenburg gave a presentation highlighting the concept for the Plan. Handouts were given to members of the Commission. Highlights include:  Public workshops and community survey indicate a desire for human scale, pedestrian activity, pleasant landscaping, and coherent design.  There is a need for greater connectivity, including a new bridge across I-35; a better mix of uses, including making the district include higher density residential and destination uses, including entertainment and office.  The context and environment of the area must include a transition/buffer to adjacent residential, tree-lined streets, access to Sunset Ridge walk along the river bluff, and a landscaped median along Williams Dr.  The proposal is to reconfigure McCoy Campus, with possible use as a civic square, new school facilities, and a health/fitness facility.  Sunset Ridge would include high dollar residential and a destination type restaurant.  Total proposed development program would include 250,000 square feet retail, 60,000 square feet restaurant/meeting, 80,000 square feet health/fitness, 75,000 square feet office, 40,000 square feet GISD, 800 units of residential for sale or rent, and 200 beds full-service hotel.  Paul gave statistics of growth in the area and listed the existing issues with the site including, the outlined program will not fit on the site at the current suburban density, structured parking is required to achieve market driven density, market rates do not support structured parking, the land value is higher than a greenfield suburban site should be, ownership of the land is highly fragmented and the transportation network is disconnected and difficult to understand at this time. Chair Anderson thanked Mr. Brandenburg for the information. There was no action taken on this item. 4. Public hearing and possible action on a Comprehensive Plan Amendment to change the Intensity Level from 3 to 6 for 11.13 acres out of the David Wright Survey, also known as BBT Interest, located at 2600 N. IH35. The applicant withdrew this item. 5. Consideration and possible action on a Preliminary Plat for 98.338 acres out of the Barney C. Low Survey to be known as Teravista, Sections 310, 311, 312, & 313, located southwest of the intersection of FM 1460 and Westinghouse Road. Planning & Zoning Commission Minutes March 7, 2006 Page 3 of 10 Carla Benton gave the staff report and stated the traffic impact analysis had been conducted and approved by City Council. She reported that the Transportation Oriented Development Area (TOD) is located farther away and will not affect this development. The applicant Brian _______with Newland Properties reported the developer is marketing the green areas of the entire area. Ortego questioned the amount of parkland for the future residents. The applicant responded that public parkland requirements are being met in accordance with the approved Consent Agreement, by a combination of land dedication within the northern portion (north of Westinghouse road) of the future development and payment of fees per lot at Final Plat approval. Motion by Shield to recommend to City Council approval of a Preliminary Plat of 98.338 acres in the Barney C. Low Survey to be known as Teravista Subdivision, Sections 310, 311, 312 and 313. Second by Padfield. Approved 6-1 (Moore opposed.) 6. Consideration and possible action on a Preliminary Plat of Horizon Commercial Park, a Resubdivision of Block A, Lot 1, located at FM1460 and High Tech Drive. Carla Benton gave the staff report. She noted that this resubdivision is being required to address the extension of utilities. It is the City of Georgetown’s requirement that all platted lots must extend existing utilities to the full extent of the development, as feasible. The existing wastewater service is located on High Tech Drive, therefore, to provide direct service to Lot 2A and extend the wastewater line from High Tech Drive to the south property line of Lot 2A, the wastewater line must be extended south on FM 1460. The Applicant’s agent, Harry Voigt, of MRV Engineers & constructors, Inc. was available for questions. There were no public speakers on this item. Motion by Ortego to recommend to City Council approval of a Preliminary Plat of Horizon Commercial Park, a resubdivision of Block A, Lot 1. Second by Moore. Approved 7-0. 7. Public Hearing and possible action on a Rezoning of approximately 16.9 acres out of 73.48 acres in the Flores Survey from RS, Residential Single-Family to IN, Industrial for the site located on Walden Drive southeast of North College Street. Bobby Ray presented the staff report. This property is occupied by the Texas Disposal System’s collection station. The site is currently zoned RS, Residential single-family, which was the default zoning at the time of annexation in 1975. It was then used as the City’s landfill. In the late 1980’s the City’s solid waste service was contracted out. TDS utilizes the operators landfill in southeast Travis County near Creedmoor and this site is no longer used as a landfill. Ray stated the proposed rezoning would be consistent with the current use of a transfer station. Staff is supportive of the requested zoning on the basis that it is consistent with the underlying “public/ semi-public” land use designation, and the area is compatible with types of uses allowed within the IN district. Planning & Zoning Commission Minutes March 7, 2006 Page 4 of 10 Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Moore to recommend to City Council approval of the Rezoning of approximately 16.9 acres out of 73.48 acres in the Flores Survey from RS, Residential Single- family to IN, Industrial for the site located on Walden Drive, southeast of North College Street. Second by Shield. Approved 7-0. 8. Public Hearing and possible action on a Rezoning of 4.58 acres in the Antonio Flores Survey, Abstract No. 235 from RS, Residential Single-Family to C-3, General Commercial for the site located between North Austin Avenue and I.H.-35 north of CR 151. Staff report was given by Bobby Ray. The applicant is requesting a rezoning from RS, Residential Single-family to C-3, General Commercial for the purpose of developing a Vehicle Sales Facility for motorcycles. Staff is supportive of the request zoning on the basis that it is consistent with the underlying “commercial” land use designation, and the area is compatible with the type of uses allowed within the C-3 district. Ray stated that an issue has developed since the application was submitted. The owner, Steve Littlefield, realized that the vehicle sales use is limited to 20 vehicles and he wants to stock 300 – 400 vehicles at a time. This limitation was developed as part of an amendment to the Unified Development Code that was overlooked at time of application.. Ray has suggested that the most expedient way to address this issue is to apply for a variance with the Zoning Board of Adjustment and the variance would be recommended by staff. Ray stated the application can be made before the final action of rezoning by City Council. Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Shield to recommend to City Council approval of the rezoning of 4.58 acres in the Antonio Flores Survey, Abstract No. 235 from RS, Residential Single-family to C-3, General Commercial for the site located between North Austin Avenue and IH-35 north of CR 151. Second by Phillips. Approved 7-0. 9. Public Hearing and possible action on a Rezoning of Lot 1A, Block 7 of the Gabriel Heights Resubdivision from OF, Office to C-1, Local Commercial for the site at 1501 Park Lane. Staff report was given by Bobby Ray. He stated that the C-1 district will allow for the establishment of a greater variety of retail businesses, and will eliminate the nonconforming status of the existing restaurant use. Staff is supportive of the requested zoning on the basis that it is consistent with the underlying “commercial” land use designation, and the area is compatible with type of uses allowed within the C-1 district. Planning & Zoning Commission Minutes March 7, 2006 Page 5 of 10 Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Padfield to recommend to City Council approval of the rezoning of Lot 1A, Block 7 of the Gabriel Heights Resubdivision from OF, Office to C-1, Local Commercial for the site at 1501 Park Lane. Second by Shield. Approved 7-0. 10. Public Hearing and possible action on a Rezoning from RS, Residential Single-family to Planned Unit Development (PUD), (to be included into the Southwestern University PUD), for Lots 8 and 9, Anderson Addition, located at 1105 and 1107 E. Eighth Street. Staff report was given by Bobby Ray. Southwestern University is proposing a rezoning of two properties to allow for the development of 3 residential student apartment buildings, for a total of 33 apartments. The addition of the 1.5 acres site will amend the Master Development Plan for Southwestern and will expand the boundary of the PUD to accommodate these properties. Staff is supportive of the request in that the “residential” land use designation is consistent with the proposed use of the site, and consistent with the largely residential usage in the immediate vicinity of the site. Mr. Ray also stated that there has been a concern raised by adjacent property owners along 8th Street in regards to street parking since there is not enough parking on site for the students. Mark Miller, the City Transportation Superintendent has stated that at this time there would be no parking allowed on the street based on the limited right-of-way. This will be changed if Southwestern improves the right-of-way. Southwestern University agents have agreed to widen and pave the ROW on 8th street to accommodate more student parking. Chair Anderson opened the Public Hearing. Derrick Wright, speaking for parents David and Helen Wright at 1114 E. 7th St., objects to the student access to the building on 8th St. He asked that parking on the street be prohibited altogether. Robin Bruno, campus architect, stated that this site plan will add 32 units and 1 resident assistant. They are trying to address the parking issues and understand the neighbors concerns. He stated the University would support time limited parking if that would help on 8th Street. He stated he doesn’t have any other options for design on the property due to the large drainage swale in the middle. Public Hearing was closed. Moore stated he understands adjacent residents concerns and that University police do not enforce “no parking” areas. Shield agreed that the parking areas should be patrolled and time limits enforced. Ortego suggested that Southwestern should find alternative locations for dormitories and expansion and find a solution to this problem other than encroaching on the neighborhood. Motion by Anderson to recommend to City Council approval of the Rezoning from RS, Residential Single-family to Planned Unit Development (PUD), to be included into the Southwestern University PUD, for Lots 8 and 9, Anderson Addition, located at 1105 and 1107 E 8th St., with the condition that the on-street parking will be time-limited to move-in Planning & Zoning Commission Minutes March 7, 2006 Page 6 of 10 and move-out only. Second by Phillips. Chair Anderson withdrew his previous motion. Motion by Chair to recommend to City Council approval of the Rezoning from RS, Residential Single-family to Planned Unit Development (PUD), to be included into the Southwestern University PUD, for Lots 8 and 9, Anderson Addition, located at 1105 and 1107 E 8th St., to be conditional on removal of all the on-street parking. Approved 4-3. (Moore, Ortego and Lawson opposed.) Chair Anderson called a short recess. 11. Public Hearing and Possible Action on a Rezoning of 24.74 acres in the Antonio Flores Survey, Abstract No. 235, from AG, Agriculture to C-1, Local Commercial located at the northeast corner of North Austin Avenue and County Road 151. Applicant requested postponement of this item to the P&Z Meeting of April 4, 2006. 12. Consideration and possible action on a Variance to the Subdivision Regulations for Sun City PUD, Neighborhood 16A, Block 12, Lot 54 located at 400 Dove Hollow Trail. Bobby Ray introduced Jennifer Bills, a new City Planner. Bills presented the staff report for this item. The applicant is seeking a variance to allow construction of a covered patio enclosure to encroach 14 feet into the platted 20 foot rear yard setback. The enclosure is to cover an existing cement patio that was built in 2005. Staff recommends denial of this application based on lack of hardship. The applicant was not present. Richard Strahm of 132 Belfalls spoke before the Commission and stated approval of the variance would significantly reduce the view from his house. Motion by Shield to recommend to City Council denial of the Variance to Table 34020, of the Subdivision Regulations to allow a 14 foot encroachment into the platted and required 20 foot rear yard setback, for the Sun City PUD, Neighborhood 16A, Lot 54, located at 400 Dove Hollow Trail. Second by Padfield. Approved 7-0. 13. Public Hearing, consideration and possible action on the 8th Amended Concept Plan for Sun City Texas, for 4,065.2 acres in the Frederick Foy Survey and other surveys, and on variances to the Subdivision Regulations related to connectivity, and revisions to the Planned Unit Development (“PUD”) zoning standards to allow a Zero Lot Line product, revise the standards of the Cluster Lots, and delete/remove the Garden Lot standards currently allowed in the PUD standards. Melissa McCollum presented the staff report. This amendment is for a total of 4,065.2 acres and differs from the 7th amendment by removing the 1267.7 acres now owned by Waterstone, establishing a maximum number of units as 7500 and revising the PUD standards to allow a zero lot line product and remove the garden lot standards currently allowed. Planning & Zoning Commission Minutes March 7, 2006 Page 7 of 10 The applicant, Todd Janssen was available for comments or questions and introduced the other Del Webb team members, Gary Nelon, Phillip Schmandt, Peter Verdicchio, Simon Gonzales and Robert Halls. The main concern is the additional three connections that were added as a result of the TIA. They stated they felt the original three main connections to streets outside Sun City were all that were required previously and that connections to other neighborhoods should not be made since the residents were “promised” by the City. Chair Anderson questioned the reasoning for the connectivity. Staff reported connectivity was necessary to maintain emergency service response times to the neighborhoods outside Sun City that would be served by the fire stations built inside Sun City. Fire Chief Anthony Lincoln spoke to this question and reiterated the need for three fire stations in the community and an additional three local connections, in addition to the three collector connections. Chair Anderson opened the Public Hearing. Ro by Sloan, 116 Saddle Trail, stated he had no objection to the zero lot line products. He objected to putting large homes on very small lots and asked to see an economic analysis of why this was appropriate. Jo Atkins, 127 Belfalls, was opposed to the required connectivity and traffic that would undeniably come into her neighborhood from other neighborhoods. Betty Jukes, 187 Dove Hollow Trail, stated she appreciates the fire department but the city promised a golf cart community to the residents. She also stated that she has supported many projects within Georgetown and she wants the same support for this issue. Jack Stroobandt, 102 Wild Plum Circle, gave a history of what he thought was promised to the Sun City residents. Byron Raynie, 106 Everest Ct, asked that the City please work with Del Webb for the only three entrances and was concerned for the safety of Sun City residents if the connection is opened up. Mike Looby, 114 Oak Branch Dr., wants only one way in and one way out of his neighborhood. Chair Anderson closed the Public Hearing. Commissioners deliberated the zero lot line product and current code requirements. Residents were commended for taking an interest and getting involved. Del Webb was commended for communicating with their residents. Motion by Shield to recommend to City Council approval of the Development Plan of an 8th Amended Concept Plan for Sun City Texas, for 4,065.2 acres in the Frederick Foy Survey and other surveys, and revisions to the Planned Unit Development (“PUD”) zoning standards to allow a Zero Lot Line product, revise the standards of the Cluster Lots, and delete/remove the Garden Lot standards currently allowed in the PUD standards, with approval of the variances to Section 33030-B and Table 33030-B and Section 33010-C relating to only three access points to Sun City Development and no extensions of planned streets to adjacent neighborhoods, based on the required findings of fact: 1. The public convenience and welfare will be substantially served because residents safety and Planning & Zoning Commission Minutes March 7, 2006 Page 8 of 10 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished because the variance will not affect surrounding properties, and 3. The applicant has not created the hardship from which relief is sought because the variance is consistent with previous development agreements, and 4. The variances will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property because similar properties do not exist, and 5. The hardship from which relief is sought is not solely of an economic nature because the variance will not greatly affect the value of the property, and 6. The variance is not contrary to the public interest because the applicant has met the necessary requirements to qualify for a variance, and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship, because it goes against everything the original development was intended to do, the spirit of the original development, and 8. In granting the variances the spirit of the ordinance is observed and substantial justice is done. Second by Padfield. Approved 7-0. 14. Public Hearing and possible action on a Rezoning from AG, Agriculture to PUD, Planned Unit Development for 36.181 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty-One, located west of Sun City Boulevard. Staff report was given by Melissa McCollum. This is a standard Sun City neighborhood consisting of 153 residential units to be developed as detached single family classified as “cluster” lots. Todd Janssen was available for questions. Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Shield to recommend to City Council approval of the rezoning from AG, Agriculture to PUD, Planned Unit Development for 36.181 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty-One, located west of Sun City Boulevard, conditioned on the approval of the 8th Amended Concept Plan by City Council. Second by Moore. Approved 7-0. 15. Consideration and possible action on a Public Review Final Plat for 36.181 acres in the Frederick Foy Survey, to be known as Sun City, Neighborhood Forty-One, located west of Sun City Boulevard. Staff report was given by Melissa McCollum. This is a standard Sun City neighborhood consisting of 153 residential units to be developed as detached single family classified as “cluster” lots. Todd Janssen was available for questions. Planning & Zoning Commission Minutes March 7, 2006 Page 9 of 10 Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Padfield to recommend to City Council approval of the public review final plat for 36.181 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty- One, located west of Sun City Boulevard, conditioned on the approval of the 8th Amended Concept Plan by City Council. Second by Ortego. Approved 7-0. 16. Public hearing and possible action on a Rezoning from AG, Agriculture to PUD, Planned Unit Development for 21.400 acres in the Frederick Foy Survey, to be known as Sun City, Neighborhood Forty-Four, located west of Sun City Boulevard, off Dry Creek Boulevard. Staff report was given by Melissa McCollum. This is a standard Sun City neighborhood consisting of 50 detached residential units. Todd Janssen was available for questions. Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Ortego to recommend to City Council approval of the rezoning from AG, Agriculture to PUD, Planned Unit Development for 21.400 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty-Four, located west of Sun City Boulevard, of Dry Creek Boulevard, conditioned on the approval of the 8th Amended Concept Plan by City Council. Second by Shield. Approved 7-0. 17. Consideration and possible action on a Public Review Final Plat for 21.400 acres in the Frederick Foy Survey, to be known as Sun City, Neighborhood Forty-Four, located west of Sun City Boulevard, off Dry Creek Boulevard. Staff report was given by Melissa McCollum. This is a standard Sun City neighborhood consisting of 50 detached residential units. Todd Janssen was available for questions. Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Moore to recommend to City Council approval of the public review final plat from AG, Agriculture to PUD, Planned Unit Development for 21.400 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty-Four, located west of Sun City Boulevard, of Dry Creek Boulevard, conditioned on the approval of the 8th Amended Concept Plan by City Council. Second by Padfield. Approved 7-0. 18. Public Hearing and Possible action on a Rezoning from AG, Agriculture to PUD, Planned Unit Development for 30.344 Acres in the Frederick Foy Survey, to be known as Sun City, Neighborhood Forty-Five, located west of Sun City Boulevard. Planning & Zoning Commission Minutes March 7, 2006 Page 10 of 10 Staff report was given by Melissa McCollum. This is a standard Sun City neighborhood consisting of 111 detached residential units. Todd Janssen was available for questions. Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Shield to recommend to City Council approval of the rezoning from AG, Agriculture to PUD, Planned Unit Development for 30.344 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty-Four, located west of Sun City Boulevard, conditioned on the approval of the 8th Amended Concept Plan by City Council. Second by Moore. Approved 7-0. 19. Consideration and possible action on a Public Review Final Plat for 30.344 Acres in the Frederick Foy Survey, to be known as Sun City, Neighborhood Forty-Five, located west of Sun City Boulevard. Staff report was given by Melissa McCollum. This is a standard Sun City neighborhood consisting of 111 detached residential units. Todd Janssen was available for questions. Chair Anderson opened the Public Hearing. There were no public speakers for this item. The Public Hearing was closed. Motion by Padfield to recommend to City Council approval of the public review final plat from AG, Agriculture to PUD, Planned Unit Development for 30.344 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty-Four, located west of Sun City Boulevard, conditioned on the approval of the 8th Amended Concept Plan by City Council. Second by Shield. Approved 7-0. 20. Comments from Director. Bobby Ray reported that the Martin Luther King, Jr. Street applications would be going to the City Council meeting on March 14, 2006. The staff recommendation will be not to rezone these properties, but to leave them as single-family residential. Ray reported that UDC amendments would be coming before the commission next month. 21. Comments from Commissioners. Motion by Shield to adjourn. Second by Moore. Meeting adjourned at 9:37 p.m. _______________________________ __________________________________ Approved, Johnny Anderson, Chair Attested, Will Moore, Secretary