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HomeMy WebLinkAboutMinutes_P&Z_09.04.2007 Planning & Zoning Commission Minutes September 4, 2007 Page 1 of 8 City of Georgetown, Texas Minutes of the Planning and Zoning Commission Meeting Tuesday, September 4, 2007 at 6:00 P.M. Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Members Present: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, and Patrick Lawson and Don Padfield Members Absent: NA Staff Present: Bobby Ray, Director; Elizabeth Cook, Principal Planner; Ed Polasek, Principal Planner, Valerie Kreger, PlannerIII and Stephanie McNickle, Recording Secretary. Vice Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs 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 once for each item, 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 7, 2007, meeting of the Planning and Zoning Commission. 3. Consideration and possible action on a Preliminary Plat for 66.71 acres in the William Addison Survey to be known as Pinnacle Subdivision Phases 2 - 4, located south of the Inner Loop and east of the future extension of Maple Street. PP-2007-003 (EC) 4. Consideration and possible action on a Final Plat of the Resubdivision of Lot 32, Logan Ranch, Section 1, located at 331 Logan Ranch Road FP-2007-025 (CB) 5. Consideration and possible action on a Revised Preliminary Plat of Teravista Subdivision, Sections 310, 311, 312 and 313, located at the intersection of Westinghouse Road and FM 1460. PP-2007-010 (CB) Motion by Moore to approve the consent agenda items, which includes the August 7, 2007 minutes. Second by McMichael. Approved 7-0. Planning & Zoning Commission Minutes September 4, 2007 Page 2 of 8 Regular Agenda 6. Public hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Business Park for 50.62 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 to be known as Longhorn Junction Business Park, and 2) a Rezoning from AG, Agriculture district to BP, Business Park district for 29.44 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 and to IN, Industrial district for 21.18 acres in the Lewis J. Dyches Survey, Abstract Number 180, located approximately 2000 feet southeast of the intersection of SE Inner Loop and Blue Springs Road. CPA-2007-004 and REZ-2007-011(EC) Staff report given by Elizabeth Cook. The applicant is requesting 1) a Future Land Use Map amendment to change the designation from “Residential” to “Business Park” on the 52.62 acres and 2) a rezoning from the temporary designation of “AG, Agriculture” to “BP, Business Park” for 29.44 acres (Lot 1) on the west side of the property and “IN, Industrial” for the eastern 21.18 acres (Lot 2). The applicant indicates that this site is part of a larger mixed use project. As presented by the applicant, with this application there are two projects planned for the site: Lot 1 – A data processing center, similar to the adjoining Citicorp data center, is proposed. The applicant indicates that it will be approximately 310,000 square feet (296,000 square feet of data processing and 14,000 square feet of office). Lot 2 – A light industrial facility of approximately 108,000 square feet to manufacture and assemble components (Phase 1 will be 54,000 square feet). This facility is for the relocation of the current Airborn facility. The 50.62-acre site is part of a larger tract and two smaller lots within Georgetown’s Extraterritorial Jurisdiction (ETJ). There is a pending companion annexation request that will need to be completed prior to action on the Comprehensive Plan Amendment and Rezoning. Currently, the property is vacant. The property is planned for Residential uses in the Comprehensive Plan. The Unified Development Code (UDC) requires a Type C Bufferyard between Industrial zoning districts and any other zoning district. However, the adjacent residential subdivision is in the ETJ and does not have the same bufferyard protection as property within the City limits. Staff recommends that a Type C Bufferyard be required between the business park’s industrial uses with the ETJ to help mitigate the more intense uses on the adjoining residential uses. Chair Gibbs invited the applicant to speak. Bruce Barton, representing the applicant stated he will be glad to answer any questions. Commissioner Milburn asked what kind of machines and noise will be expected from Airborn. Mr. Barton stated Airborn is located next to Apple Creek Apartments and there has never been a complaint regarding the noise. Mr. Barton stated Airborn currently has 400 employees and after they move to their new address the number of employees could double. Commissioner Milburn asked the applicant if there is a way to swap the proposed industrial lot with the proposed business park lot, so not to affect the adjacent property owners. Mr. Barton stated switching the lots would not fit the needs of the applicant. Chair Gibbs opened the Public Hearing. Johnny Stanford, 430 CR 166, his property is adjacent to the proposed industrial lot and informed the Commissioners the Industrial lot is deed restricted for residential only and the owners of this land agreed to this, but are now wanting to go against this legal document. Mr. Planning & Zoning Commission Minutes September 4, 2007 Page 3 of 8 Stanford stated that if the City gives the applicant permission, then they are giving them permission to violate a legal document. Mr. Stanford stated if the City gives permission then there needs to be some restrictions. He stated there is not a retention pond for the water run off on the property. He questions the lights, the air quality, noise level restrictions, ground water pollution since he and his neighbors each have a well and the traffic of 800 employees going back and forth to work all hours of the day and night. Mr. Stanford stated he has a big problem with developers and companies violating a legal document. The Public Hearing was closed. Mr. Barton stated they are well aware of the deed restriction is what determines the use of the property and feels there will not be a problem with noise or pollution. Commissioner Moore asked for the City Attorney to comment. He feels that he does not want to support if this company is violating a deed restriction. Trish stated the deed restriction is a contractual agreement between private parties and is enforced by these parties. Zoning is between the city and the landowner to determine whether that land is suitable for requested zoning. Commissioner Milburn is not happy with allowing an industrial zoning to property with being so close to residents and a major issue with the applicant not willing to swap the two lots so that these residents are not backed up to an industrial zone lot and because of this she will not support the applicant’s request. Commissioner Moore stated that he agreed with his colleague and will not support this request. Commissioner Moore and Commissioner Lawson both stated that putting an industrial use next to residential regardless the size the lot is not right. Motion by Padfield to recommend to City Council approval of 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Business Park for 50.62 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 to be known as Longhorn Junction Business Park, and 2) a Rezoning from AG, Agriculture district to BP, Business Park district for 29.44 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 and to IN, Industrial district for 21.18 acres in the Lewis J. Dyches Survey, Abstract Number 180, with the condition that any industrial uses be limited to light industrial services and the Business Park will have a Type C Bufferyard along the boundaries with the ETJ, located approximately 2000 feet southeast of the intersection of SE Inner Loop and Blue Springs Road. Second by Sheild. Approved 4-3. (Opposed: Moore, Milburn & Lawson) 7. Public hearing and possible action on a Comprehensive Plan Amendment from Intensity Level 1 to Intensity Level 3 for 10.55 acres out of the Isaac Donagan Survey to be known as 29 Oaks, located on Hwy 29 W. CPA-2007-006 (EP) Staff report by Ed Polasek. An application has been received to change from Intensity Level 1 to Intensity Level 3 for the subject property. There is no specific use or tenant proposed for the property at this time. The tentative uses are all non-residential in nature. The City and applicant have delayed processing of the application for a month to work on details of conservation design around the proposed site that would satisfy the South San Gabriel Basin requirements. A preliminary plat has been submitted that would buffer/preserve open space adjacent to the proposed Shadow Canyon Open Space related to karst features and buffer the proposed development from residential lots in Shadow Canyon. Planning & Zoning Commission Minutes September 4, 2007 Page 4 of 8 Chair Gibbs invited the applicant to speak. Tim Hunter, representing the applicant stated he will be glad to answer any questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael that after holding the required Public Hearing, recommend to the City Council approval of the Comprehensive Plan Amendment Intensity Map from Intensity Level 1 to Intensity Level 3 for 10.55 acres out of the Isaac Donagan Survey to be known as 29 Oaks, located on Hwy 29 W. Second by Sheild. Approved 7-0. 8. Public hearing and possible action on a Comprehensive Plan Amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Level from 1, 3, 4, and 5 to 3 for 1,013.527 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245. CPA-2007-007 (EP) Staff report given by Ed Polasek. In early 2006, the City approved a Comprehensive Plan Amendment and Development Agreement with Somerset Hills, Ltd, for the proposed Cowan Springs Development. The Development Agreement consisted of 1202.68 acres of land east of CR 245 and north of the Sun City. This application includes an additional 320 acres west if CR 245, extending to FM 2338, and amending the Future Land Use and Intensity on approximately 693 acres of the original Development Agreement area. The applicant has requested to make the following changes to the Century Plan: Intensity Map Revisions: Intensity Level 3 Area – Change the entire Project Area to Intensity Level 3. The calculation of total living units and square feet of non-commercial uses have been calculated to average out to a Intensity Level 3 across the property. This would change 212 acres from Intensity Level 4 to Level 3 and 213 acres from Level 5 to Level 3. The new 320 acres tract being added to the Development area is currently at Intensity Level 1 and would be changed to Intensity Level 3 as well. Chair Gibbs invited the applicant to speak. Mark Baker representing the applicant gave a visual presentation and stated he will be glad to answer any questions. Mr. Baker stated they will start with the residential phase and move to the mixed-use. Chair Gibbs opened the Public Hearing. Frances Bradley, Director of Northlake Landowners Association stated he strongly objects to the intensity level change for only 20 acres located on the corner of FM 2338 and Ridgewood Drive. Mr. Bradley understands that change happens, but requests only the 20 acres which has not changed in 3 decades to not be changed. The Public Hearing was closed. Motion by Sheild to recommend to the City Council conditional approval of the requested amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Level from 1, 3, 4, and 5 to 3 for 1,543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245. The four conditions are outlined in the Special Considerations. Second by Moore. Approved 7-0. 9. Public hearing and possible action on a Rezoning from (AG) Agriculture to (PUD) Planned Unit Development and consideration and possible action on a Preliminary Plat with a Waiver for 48.191 acres out of the I. and G.N. R.R., J. D. Johns and W.E. Pate Surveys to be known as Water Oak at San Gabriel, Phase Two, located off of FM 2243, near Escalera Ranch. REZ-2007-014 and PP-2007-006 (JM) Staff report given by Jordan Maddox. Concurrent with the zoning application is a preliminary plat, which uses standards from the specific PUD development plan, which reference said development agreement. This PUD proposes 145 single-family detached Planning & Zoning Commission Minutes September 4, 2007 Page 5 of 8 residential lots with 8.81 acres of open space, which includes a cave and its environmental setback. The overall density of this phase is approximately 3 units/acre. The smallest residential lot in this phase is 0.155 acres and the largest is 0.451 acres. This neighborhood contains two stubs into Escalera Ranch - Section 6, a previously platted neighborhood of mostly 1-acre lots, directly west of here. Escalera Parkway, one of those stubs, is the only collector-level road in this phase; it connects to Water Oak Parkway, a major arterial, located in Phases One and Three. Water Oak Parkway will contain a wide treed median and a large right-of-way that will accommodate hike and bike trails, trees, buffers from the roadway and connections to neighborhood streets and nature trails. Additionally, many of the local streets in this section contain wider rights-of-way, preserving trees and promoting walk-ability, while reducing actual pavement widths. Native and drought-tolerant landscaping, native trees, and preservation of sensitive features are key elements of the conservation design and the development agreement mandates their inclusion in this and other Water Oak neighborhoods. The development agreement provides for flexibility for lot dimensions, although each lot here meets minimum UDC requirements. There is an impervious cover bonus per lot that is spelled out in the development plan, as well. A traffic impact analysis was conducted for the entire project and meets the criteria required Water and wastewater will be provided by the City of Georgetown. The wastewater line mentioned previously does not exist as of this meeting, but an on-site extension of the line will be in the ground before homes are built on the site. Pedernales Electric Co-Op is the electricity provider. There is a waiver request along with the Preliminary Plat to waive the driveway separation, described in Section 12.03.010.D.5 in the UDC, for Escalera Parkway for 16 lots. The UDC calls for a minimum of 125’ driveway separation for collector-level roads, the separation on the submitted plat would be roughly 70’. The applicant requested the waiver on the basis that Escalera Parkway was an existing collector from another development (which has mostly three-acre lots), minimal traffic would travel on it, the current pavement width is Escalera Ranch is significant smaller and open space fronts one whole side of the road in the new section, thereby reducing the number of driveways on this stretch. Staff reviewed the request and found that, given the circumstances of the road, this waiver would not be detrimental to the public health, safety, or welfare nor would it conflict with the Comprehensive Plan or the purposes of the code. Staff had specific conditions to make a recommendation, which include the posting of lower speeds and some other traffic calming measures. Based on these assurances, staff is in support of the waiver request for Escalera Parkway. Chair Gibbs 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 from AG, Agriculture district to PUD, Planned Unit Development district for 1.092 acres in the J.T .Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A, located at RM 2243 the future Water Oak Parkway and to recommend to City Council approval of the Preliminary Plat for 1.092 acres in the J.T. Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A. Second by Shield. Approved 7-0. 10. Public hearing and possible action on a Rezoning from (AG) Agriculture to (PUD) Planned Unit Development and consideration and possible action on a Preliminary Plat for 1.09 acres in the J.T. Church Survey, J.D. Johns Survey and W.E. Pate Survey to be known as Water Oak at San Planning & Zoning Commission Minutes September 4, 2007 Page 6 of 8 Gabriel, Phase IIIA, Lot 1, located north of RM 2243. REZ-2007-015 & -PP-2007-009 (JM) Staff report given by Jordan Maddox. The applicant petitioned for voluntary annexation on June 20, for 268.3 acres, including the area being zoned PUD in this application, which is currently in the process and will completed prior to adoption of the zoning and plat. Once annexed, the default zoning of AG, Agriculture will be applied, which be changed to PUD upon second reading of the zoning ordinance for this application. The reason for the PUD designation is to incorporate conservation design standards that vary from the UDC. Although, most of the design standards for this tract vary little from the UDC, the overall project contains numerous conservation design principles that led to the usage of the PUD. Any UDC variations relating to this plat and zoning applications variations are contained in the PUD development plan. As part of the development agreement, the City and Water Oak have agreed that a building materials palette and master sign plan will be submitted on final plat. These issues are touched on in the development plan and will be completed at the date of final plat submittal. Until what is presented is acceptable to the City, the final plat will not be approved, although staff does not foresee that happening. Native and drought-tolerant landscaping, native trees, and preservation of sensitive features are key elements of the conservation design and the development agreement mandates their inclusion in this and other Water Oak phases. Impervious cover for this sales center is 80% and the rest of the commercial lot standards are described in the development agreement. A traffic impact analysis was conducted for the entire project and meets the criteria required. Water and wastewater will be provided by the City of Georgetown. The wastewater line mentioned previously does not exist as of this meeting, but an on-site extension of the line will be in the ground before homes are built on the site. Pedernales Electric Co-Op is the electricity provider. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Moore to recommend to City Council approval of the Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 1.092 acres in the J.T Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A, located at RM 2243 the future Water Oak Parkway and to recommend the Preliminary Plat for 1.092 acres in the J.T. Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A. Second by Shield. Approved 7-0. 11. Public hearing and possible action on a Rezoning from RS, Residential Single-Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460. REZ-2007-018 (VK) Staff report given by Valerie Kreger. The applicant is requesting a rezoning from RS, Residential Single-Family District to C-1, Local Commercial District. The C-1 district is “intended to provide areas for commercial and retail activities that primarily serve residential areas.” The district permits restaurant, office, retail and personal service oriented uses and limits repair oriented retail sales and service uses to 10,000 square feet. Vehicle sales and service, including fuel service, minor and major vehicle service and repair, as well as vehicle sales, rental or leasing are prohibited within the C-1 district. That said, the applicant’s current business adjacent to this lot (Pro Auto Glass) could not use this property for on- site repair work. This property is the western half of Lot 2, Block 1, of the Highland Park revised plat. The eastern half of the original Lot 2 (2B) was rezoned to C-1 in July, 2001, and is currently developed with a real estate office. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael to recommend to the City Council approval of a Rezoning from RS, Residential Single-Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460. Second by Milburn. Approved 7-0. Planning & Zoning Commission Minutes September 4, 2007 Page 7 of 8 12. Public hearing and possible action on a Rezoning from AG, Agricultural district to C-1, Local Commercial district (21.41 acres), MF, Multifamily district (42.0 acres) and RS, Residential Single-Family district (20 acres) for two tracts totaling approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop. REZ-2007-019 (VK) Staff report given by Valerie Kreger. The site is composed of two tracts totaling approximately 84.0 acres and is located at the southwest corner of CR 110 and SE Inner LoopThe existing zoning of the property is AG, Agriculture and currently, the property is undeveloped and under agricultural use. The property is designated as Office/Retail/Commercial, Mixed Use, and Residential on the Future Land Use map and is assigned an Intensity Levels of 2, 3 and 5 on the Century Plan.The applicant is requesting a rezoning from “AG, Agriculture” district to 21.41 acres of “C-1, Local Commercial” district, 42.0 acres of “MF, Multifamily” district and 20.0 acres of “RS, Residential Single-Family” district. The applicant is seeking the rezoning in order to develop commercial uses along the Inner Loop transitioning to apartments and then less dense residential development at the southeast corner of the property along CR 110. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Lawson to recommend to the City Council approval of a Rezoning of approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop, from AG, Agriculture district to C-1, Local Commercial district (21.41 acres), MF, Multifamily district (42.0 acres) and RS, Residential Single-Family district (20.0 acres). Second by Padfield. Approved 7-0. 13. Public hearing and possible action on a Variance to Section 34020F.3 of the Subdivision Regulations for Logan Plateau Estates, Block B, Lot 10, located at 202 Laverne Terrace. VAR- 2007-006 (VK) Staff report given by Valerie Kreger. Logan Plateau subdivision was platted prior to the Unified Development Code and is subject to the Subdivision Regulations. Section 34020F.3 of those regulations requires that driveway access for corner lots be taken from the lower classification street. The subject lot is located at the southwest corner of Laverne Terrace and Lovie Lane. Laverne Terrace is classified as a local street and Lovie Lane is classified as a collector level street. The applicant proposes to construct a single-family residence facing Laverne Terrace with driveway access taken from Lovie Lane, the higher classification street (See Exhibit C). Three adjacent lots have previously received approval to locate driveway access onto the higher classification street; those being 201 Jaydee Terrace (behind the subject lot), 201 Laverne Terrace (directly across the street) and 113 Laverne Terrace (diagonal across Lovie Lane). The applicant is requesting that the Commission approve the proposed driveway access off Lovie Lane, a collector level street instead of Laverne Terrace, the required local street. Section 34020F.3 states that “Corner lots adjacent to streets of unequal classification shall access the lower classification street only and only one drive approach shall be allowed except as otherwise approved by the Commission.” Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Shield to approve the requested Variance to Section 34020F.3 of the Subdivision Regulations to allow driveway access to Lovie Lane, a collector level street, instead of the required Laverne Terrace, a local street, for Logan Plateau, Block B, Lot 10, located at 202 Laverne Terrace. Second by Milburn. Approved 7-0. Planning & Zoning Commission Minutes September 4, 2007 Page 8 of 8 14. Comments from the Director. Bobby Ray stated staff will be working with a task force regarding the Conservation Subdivision ordinance and will bring the ordinance back to Council during the February meeting. 15. Comments from Commissioners. Commissioner Milburn stated her concerns with the growth of these approved subdivisions and the school keeping up with demand. She questioned since there is money dedicated for parkland fees can there be money set aside for school buildings by developers. Mr. Brashear, representing the school district stated there is not a legal authorization for cities to collect money for schools. The Legislature chose not to address this issue. Motion to adjourn. Chair Gibbs adjourned the meeting at 8:15p.m. _______________________________ __________________________________ Approved, Harry Gibbs, Chair Attested, Will Moore, Secretary