HomeMy WebLinkAboutMinutes_P&Z_09.05.2006
Planning & Zoning Commission Minutes
September 5, 2006 Page 1 of 7
City of Georgetown, Texas
Minutes of the
Planning and Zoning Commission Meeting
Tuesday, September 5th, 2006 at 6:00 P.M.
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Members Present: Johnny Anderson, Chair; Harry Gibbs, Vice-Chair; Will Moore, Secretary
Sarah Milburn, Brian Ortego, Marlene McMichael, Jennifer Shield.
Alternates Present: Don Padfield, Russell Phillips and Patrick Lawson.
Members Absent: NA
Staff Present: Bobby Ray, Director; Melissa McCollum, Development Planner; Carla Benton,
Development Planner; David Munk, Development Engineer; Jordan Maddox, Long Range
Planner; Trish Carls, City Attorney; and Stephanie Mickan McNickle, Recording Secretary.
Regular Session - To begin no earlier than 6:00 p.m.
Chair Anderson called the meeting to order at 6:03 p.m. and led the Pledge of Allegiance.
Chair 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.
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 August 1, 2006 meeting of the Planning and Zoning
Commission.
Motion by Milburn to approve the Consent Agenda item, which includes the minutes. Second
by Sheild. Approved 7-0.
Planning & Zoning Commission Minutes
September 5, 2006 Page 2 of 7
Regular Agenda
3. Public Hearing and possible action on an Amendment to Chapter 13 (“Infrastructure and
Public Improvements”) of the Unified Development Code (UDC) pertaining to the creation
of special districts and utility infrastructure in rural residential subdivisions.
Staff report was given by Tom Yantis, Georgetown Assistant City Manager.
At the direction of the City Council, staff drafted a new section 13.10 of the UDC to govern
the city’s review and possible creation of Special Districts. The new section establishes
prerequisites to create a special district, application materials to assist the staff in analyzing
consent applications, and conditions that must be in each agreement.
In addition to the new regulation governing the creation of MUD’s, the staff has identified
other necessary changes in Chapter 13 to clarify the appropriate types of wastewater
infrastructure in rural residential subdivisions.
Article III, Section 52 and Article XVI, Section 59 of the Texas Constitution authorizes the
creation of special districts. One such type of district is a Municipal Utility District (MUD).
The City has received petitions for the creation of MUD’s and expects to continue to receive
them in the future. Therefore, the City Council directed staff to develop a policy governing
the review and possible creation of MUDs within the City’s planning jurisdiction.
A MUD is a separate political subdivision from the City with the authority to impose ad
valorem taxes within its jurisdiction. The primary purpose for the creation of MUDs is to
finance the public infrastructure necessary for the development within the MUD (i.e. water,
wastewater, etc.). Once a MUD is created, the area within the MUD cannot be annexed by a
City without the City accepting the outside debt of the MUD. The City Council has
expressed its desire to limit the creation of MUDs to areas that the City does not plan to
annex in the future and areas where the City does not plan to provide water or wastewater
services in the future.
Goal 1 of the Future land Use Plan calls for the City to “Encourage the most desirable and
efficient use of land while enhancing the physical environment through functional and
compatible land use configurations.” These regulations are intended to allow the City to
continue to establish appropriate land use regulations and environmental protections in
areas that the City intends to ultimately annex or to which City utility services will be
provided.
Goal 2 of the Future Land Use Plan requires the City to “Provide for orderly and
coordinated growth on the City of Georgetown’s boundaries.” These regulations help
ensure that areas of importance for the City and areas intended for future annexation are
not encumbered by their incorporation into other political subdivisions.
Before the City Council consents to the creation of a district, the following shall be
considered:
1) If applicable, whether the area proposed for inclusion in the district meets criteria for
annexation set out in the City’s annexation policy and is within the City’s projected
ultimate city limit boundary; and
Planning & Zoning Commission Minutes
September 5, 2006 Page 3 of 7
2) Whether the City will provide water and/or wastewater services to the land within the
proposed district at a reasonable cost and will commence construction of facilities
necessary to serve the land within 2 years and substantially complete such construction
within 4 1/2 years after submittal of the petition pursuant to the City’s policies on the
extension of utility services.
Chair Anderson stated he feels the prerequisites to the consent statement in Chapter
13.10.030 Section A needs to state “Before the City Council consents to the creation of a
district, the following shall “meet” and cross out shall “be considered”, so the language is a
little clearer.
Trish stated the sentence in question is clarified in Section B, & C. However, she states the
statement can be changed if needed.
Chair Anderson opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Motion made by Shield to recommend to the City Council approval of the amendment to
Chapter 13 (“Infrastructure and Public Improvements”) with the changes to section
13.10.030 (Before the City Council consents to creation of a district, the following shall “meet”) as
discussed, of the Unified Development Code (UDC) pertaining to the creation of special
districts and utility infrastructure in rural residential subdivisions. Second by Moore
Approved 7-0.
4. Public Hearing and possible action on a Comprehensive Plan Amendment to change the
Intensity Level from Levels 2, 3 and 5 to Level 4 for 52 acres; and to change the Future Land
Use from Residential to Office/Retail/Commercial for a section of the 52 acres in the John
Berry Survey, located at 1800 FM 971. CPA-2006-016
Staff report given by Jordan Maddox. The subject property is located at the southwest
corner of FM 971 and SH 130 with the Inner Loop slicing through to create two separate
parcels: 44.01 acres to the east of Inner Loop and 6.44 acres to the west. The applicant is
seeking a Comprehensive Plan Amendment to change the Intensity Level from Levels 2 and
3 to Level 4 on the 6.44 acres adjacent to the school property; and from Levels 2, 3, and 5 to
Level 4 on the remaining 44.01 acres to build approximately 260 multi-family units, 92
townhouse units, and approximately 6 acres of office/commercial/retail. In addition to the
Intensity Level request there is a Future Land Use amendment request to
Office/Retail/Commercial for the 6.44 acres to support the above uses.
The project is within the city of Georgetown wastewater service area and currently has the
capacity to serve the proposed intensity level of 4.
Chair Anderson invited the applicant to speak. Don Tardy stated he would be glad to
answer any questions.
Chair Anderson opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Planning & Zoning Commission Minutes
September 5, 2006 Page 4 of 7
Mr. Tardy stated there will be about 350 units which could house about 1,000 residents
including children. Ms. Milburn asked Mr. Tardy to notify the school district and inform
them of the numbers so they can be prepared.
Motion by Ortego to recommend to the City Council approval of the requested
Comprehensive Plan Amendment to change the Intensity Level from Levels 2, 3, and 5 to
Level 4; and to change the future land use from Residential to Office/Retail/Commercial for
6.44 acres out of 52 in the John Berry Survey, located between Inner Loop and SH 130 at
1800 FM 971. Second by Shield. Approved 7-0.
5. Public Hearing and possible action on a Rezoning from AG, Agricultural district to C-3,
General Commercial, TH, Townhouse district, and MF, Multifamily district for
approximately 52 acres in the John Berry Survey, located at 1800 FM 971. REZ-2006-029
Staff report was given by Jennifer Bills. This property is located along FM 971 and adjacent
to the future State Highway 130. North East Inner Loop bisects the property into two
parcels. The approximately 52 acre tract was annexed into the Georgetown city limits in
1998 with the default zoning of AG, Agricultural.
Staff is supportive of the proposed rezoning. This development will be situated between
three major roadways, FM 971, NE Inner Loop, and SH 130. With this level of road access, a
mix of general commercial uses along the road frontage, with adjacent higher density
residential development would be appropriate.
Chair Anderson opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Motion by Gibbs to recommend to City Council approval of the rezoning from AG,
Agricultural district to 17.74 acres of C-3, General Commercial, 17.39 acres of TH,
Townhouse district, and 14.75 acres of MF, Multifamily district for approximately 52 acres
in the John Berry Survey, located at 1800 FM 971. Second by Milburn. Approved 7-0.
6. Public Hearing and possible action on a Rezoning from RS, Residential Single Family
district to MU-DT, Mixed Use Downtown district for a 0.4133 acre part of Lost Addition
part of Block 68, located at 407 W. University. REZ-2006-030
Staff report was given by Rebecca Rowe. The site is located on the north side of University
Avenue, west of Austin avenue and is currently developed with a residential structure. The
surrounding properties are zoned RS, Residential Single Family; OF, Office; C1 Local
Commercial district and PUD, Planned Unit Development. The property is with the
Downtown Overlay District which has a future land use designation of Downtown. A
property across University Avenue has completed a a pre-application conference for
rezoning as well.
The applicant is seeking a rezoning from the current RS, Residential Single Family district to
MUDT, Mixed Used Downtown district.
Planning & Zoning Commission Minutes
September 5, 2006 Page 5 of 7
There are no immediate plans to redevelop the property. The applicant will be required to
submit a site plan as a part of this development. The site is suitable for the range of uses
permitted in the MUDT, Mixed Use Downtown district.
Chair Anderson invited the applicant to speak. Jim Cummins with Steger and Bizzell stated
he is representing the applicant, and will be glad to answer questions. Jim Cummins stated
the applicant is asking for a rezoning to sell the property.
Chair Anderson opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Motion by Milburn to recommend to City Council approval of the Rezoning of a portion of
Block 68 of the Lost Addition, from RS, Residential Single-family District to MUDT, Mixed
Use Downtown District for the property located at 407 University. Second by Shield.
Approved 7-0.
7. Public Hearing and possible action on a Rezoning from AG, Agricultural district to PUD,
Planned Unit Development for 32.968 acres in the Frederick Foy Survey, Abstract #229, to be
known as the Planned Unit Development of Sun City PUD, Neighborhood Fifty-Three,
located approximately 1 1/2 mile west of the intersection of Sun City Blvd and Cool Springs
Way on Pedernales Falls Drive. REZ-2006-031
Staff report was given by Melissa McCollum. This application is submitted concurrent with
the public review final plat for this property.
Section 3.6.030 and 3.06.040 of the UDC identifies the approval criteria and specific
objectives required for the establishment of a PUD district. Neighborhood 53 consists of 92
detached single-family residential units.
Chair Anderson invited the applicant to speak. Simon Gonzales with Sun City stated he
would be glad to answer questions.
Chair Anderson opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Motion by McMichael to approve the rezoning from AG, Agricultural district to PUD,
Planned Unit Development for 32.968 acres in the Frederick Foy Survey, Abstract 229, to be
known as the Planned Unit Development of Sun City PUD, Neighborhood Fifty-Three,
located approximately 1.5 miles west on the intersection of the Sun City Blvd. and Cool
Springs Way on Pedernales Falls Drive. Second by Ortega. Approved 7-0.
8. Consideration and possible action on a Public Review Final Plat for 32.968 acres in the
Frederick Foy Survey, Abstract #229, to be known as the Planned Unit Development of Sun
City PUD, Neighborhood Fifty-Three, located approximately 1 1/2 mile west of the
intersection of Sun City Blvd and Cool Springs Way on Pedernales Falls Drive. PP-2006-022
Staff report given by Melissa McCollum. This preliminary plat is being processed
concurrent with the rezoning application.
Planning & Zoning Commission Minutes
September 5, 2006 Page 6 of 7
The 32.968-acre tract is currently vacant with proposed 92 residential units to be developed
as detached single family.
Chair Anderson opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Motion by Shield to approve the Public Review Final Plat for 32.968 acres in the Frederick
Foy survey, Abstract 229, to be known as the Planned Unit Development of Sun City
Georgetown Neighborhood Fifty-Three, located approximately 1.5 miles west of the
intersection of Sun City Blvd and Cool Springs Way on Pedernales Falls Drive. Second by
McMichael. Approved 7-0.
9. Consideration and possible action on a Preliminary Plat for 87.36 acres, being part of the C.
Joyner Survey, C.B. Mayhall Survey, and the John Sutherland Survey, being a resubdivision
of Calder Subdivision, Lot 1, and a resubdivision of Estates of Westlake, Lot 53, to be known
as the Estates of Westlake, Phase 6A & 6B, located on CR 262 at Highland Springs, with
waivers to the Unified Development Code. PP-2006-021
Staff report was given by Carla Benton. This tract is a combination of Lot 53 of the Estates of
Westlake, Lot 1 (38.60 acres) of Calder Subdivision, a portion of Lots 15 and 16 of the
Preliminary Plat of Tuscany Villas, Phase Two and unplatted acreage for a total of 87.36
acres to be developed as 68 residential lots of greater than 1 acre each. The applicant is
proposing to pay parkland fees in lieu of dedication of land.
A waiver is requested for Section 12.03.020.B.1. of the UDC to allow a 90 degree bend in San
Marino Street without providing a minimum 180 foot centerline radius curve.
The City of Georgetown requires that the proposed 90 degree bend in San Marino Street be
revised to provide a minimum 180 foot centerline radius curve. Section 12.03.020.B.1. of the
UDC states that the maximum deflection in street alignment permitted without use of a
curve be 10 degrees
The applicant has proposed to add building setbacks as a part of this plat. However, Section
6.01.030 of the UDC clearly indicates that the lot dimensional standards of Chapter 6, which
includes building setbacks, does not apply to properties in the ETJ. Therefore, the placement of
building setbacks on the plat would conflict with the City’s ordinances and imply an improper
application of authority in the ETJ. Additionally it would put the City in a situation of
requiring enforcement of standards over which we have no jurisdiction. Therefore it is
requested that as part of the Commission’s motion that the building setbacks and referencing
Plat Note 21 be removed prior to approval of the Final Plat.
Staff recommends approval of a Preliminary Plat and Denial of the proposed waiver.
Chair Anderson invited the applicant to speak. Tom Watts of Ralph Harris Surveying,
applicant’s agent, stated they feel that a cul-de-sac is not required at the intersection of San
Marino Trail and Buona Sera Trail and feels the right angle turn is wide enough for traffic.
Commissioner Milburn asked Mr. Watts if the cul-de-sac can be added to the plan. Mr.
Watts stated a cul-de-sac can be added, but strongly feels it is not needed. Commissioner
Planning & Zoning Commission Minutes
September 5, 2006 Page 7 of 7
Milburn asked staff if the UDC “Unified Development Code” is very clear regarding this
waiver request. Mr. Munk stated the UDC is very clear regarding this waiver request, which
is why staff is recommending denial. Commissioner Moore voiced concern regarding the
payment of fees in lieu of dedication of parkland.
Chair Anderson opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Motion by Shield to recommend to City Council approval of a Preliminary Plat for 87.36
acres, being part of the C.
Joyner Survey, C.B. Mayhall Survey, and the John Sutherland Survey, being a Resubdivision
of Calder Subdivision, Lot 1, and a Resubdivision of Estates of Westlake, Lot 53, to be
known as the Estates of Westlake, Phase 6A & 6B. Denial of the proposed waiver to
Section 12.03.020.B.1. and providing that the building setbacks and Plat Note 21 be removed
prior to approval of the Final Plat. Approved 6-1. (Opposed – Moore)
10. Comments from Director.
None
11. Comments from Commissioners.
Chair Anderson asked if the Williams Gateway Plan was approved by Council. Assistant
City Manager, Tom Yantis stated the Gateway project was presented and approved at
Council.
Chair Anderson asked Assistant City Manager Tom Yantis what steps the City would take
to move into the implementation phase and is that something the Commissioners need to
assist with. Possibly having a joint workshop with the economic development. Mr. Yantis
agreed with this possibility. Mr. Yantis also stated that the city has met with Georgetown
ISD regarding the McCoy school site and has drafted a McCoy site proposal, which was
presented to the school district about a month ago. He will be presenting the school district
reaction to the Council. Mr. Yantis also stated there is funding in the next fiscal year’s
budget to do an overlay-zoning district for the extra Gateway area and the City then can
establish the zoning districts standards. Mr. Yantis stated there is a lot going on and more
information will be revealed soon.
Motion by Milburn to adjourn. Chair Anderson adjourned the meeting at 7.21 p.m.
_______________________________ __________________________________
Approved, Johnny Anderson, Chair Attested, Will Moore, Secretary