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Planning & Zoning Commission Minutes / November 4, 2008 Page 1 of 4
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, November 4, 2008 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Members Present: Sarah Milburn, Vice Chair; Marlene McMichael, Secretary; Don Padfield, Clare Easley
and Chris Damon.
Members Absent: Harry Gibbs, Chair and Patrick Lawson
Commissioners in Training Present: Gregory Austin, Brandon Collier, Annette Montgomery,
Commissioners in Training Absent:
Staff Present: Elizabeth Cook, Director, Carla Benton, Planner; Valerie Kreger, Planner; Jordan Maddox,
Planner; Robbie Wyler, Historic District Planner, Ed Polasek ; Long Range Planner; Trish Carls, City
Attorney and Stephanie McNickle, Recording Secretary.
Vice-chair Milburn called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance.
Vice-chair Milburn 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 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 and possible approval of the Minutes of the October 7, 2008 meeting of the Planning and
Zoning Commission.
3. Consideration and Possible Action on a Preliminary Plat for 1.249 acres in the Foy Survey, extending Sun
City Boulevard Right of Way from Salt Lake Creek to Ronald Reagan Boulevard. PP-2008-017 (JM)
4. Consideration and Possible Action on a Preliminary Plat for 33.63 acres out of the Fish and Wright
Survey, to be known as Colonial Communities Shell Road, located on Shell Road at Verde Vista. PP-2008-
016 (CB)
Motion by Padfield to approve the Consent agenda including the October 7, 2008 minutes. Second by Easely.
Approved. (5-0)
Planning & Zoning Commission Minutes / November 4, 2008 Page 2 of 4
Regular Agenda
5. Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to C-1, Local
Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29, also
known as 29 Oaks Subdivision. REZ-2008-016 (JM) Staff report given by Jordan Maddox. The
application is for C-1, Local Commercial District, from AG, Agriculture District (the default
annexation zoning district), for 10.55 acres. The site is located along Highway 29 adjacent to the
proposed Shadow Canyon Subdivision. The property remains outside of the city limits at the present
time; however, it is part of the City’s 2008 involuntary annexation process, which will be effective
December 31, 2008. The UDC allows for rezoning applications to run concurrently with the
annexation; since the property will still be outside of the city limits at the date of second reading, the
effective date for this rezoning will be December 31st. There is a final plat application currently in
process that will not be affected by this rezoning application. The plan for the property is to have
retail/commercial uses to be located along Highway 29 frontage, with limited driveway access and
internal connectivity. The approved Preliminary Plat for the property splits the 10.55 acres into five
separate lots intended to be sold separately for various uses. The City’s C-1 District allows for a
variety of commercial uses including personal services, restaurants, offices, and hotels. The 2030
Future Land Use Plan designates the property as low-density residential, reflecting the mostly
residential zoning/potential of the surrounding properties. The Future Land Use residential categories
allow and expect some local-serving commercial/retail along major arterials, which fits the description
of this property. The Plan anticipates that there will be light retail and other commercial uses on these
types of roads between the larger commercial intersection nodes. The intent of the Future Land Use
Plan is to allow flexibility in the residential categories to have smaller-scale non-residential uses in
certain circumstances. Staff will consider access, buffering and compatibility to the adjacent
residential in any request for non-residential zoning in these residential categories. Consequently,
staff has taken into consideration that this property is on a major arterial, has significant buffering to
the proposed Shadow Canyon due the conservation open space, and will meet the design
requirements of the local commercial district that are compatible in size and scale with the adjacent
residential homes.
A side note - this project has dedicated right-of-way for Highway 29 per requirements of the City.
The County widening project is not factored into that dedication but could potentially require more
land within this project in the future. This application will not affect that potential. Staff supports the
rezoning change from AG to C-1, based on the accessibility to Highway 29, the need for some local-
serving commercial in this area, the design compatibility with the local residential, and the
consistency with the 2030 Future Land Use Plan.
Vice-chair Milburn invited the applicant to speak. Applicant was not present.
Vice-chair Milburn opened the public Hearing. No one came forward. The public hearing was closed.
Motion by Padfield to recommend Approval of a Rezoning from AG, Agriculture District to C-1,
Local Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29,
also known as 29 Oaks Subdivision. Second by McMichael (Approved 5-0)
6. Public Hearing and Possible Action on an Amendment to the Unified Development Code (UDC) to
revise Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. (RW)
Staff report given by Robbie Wyler. On May 22, 2007, City Council directed Staff to form a Bed &
Breakfast (B&B) Task Force to review and possibly update current B&B regulations with the help of
B&B owners and residents that are affected. Over the past several months the Task Force has met
multiple times to discuss what changes should be made.
Planning & Zoning Commission Minutes / November 4, 2008 Page 3 of 4
In the end the Task Force decided to recommend various revisions including updating the number of
guestrooms allowed both in the structure and on the property, who is required to reside on the
property, what information is required from all guests upon check-in, the exclusion of temporary
fences, residential B&B sign requirements, full service kitchens in accessory buildings and finally to
include the allowance of an Events Use Permit for B&B owners. The updated language is now ready
for the Commission’s consideration. The language being proposed includes updates to sections:
1. 5.01.030 – Zoning Use Table
2. 5.02.140 – Bed & Breakfast
3. 16.04 – Definitions of Uses
Staff has prepared the attached draft language for the Commission’s consideration. The language
specifies updates to the definition of a Bed & Breakfast, allowing for a change in guest room numbers
on site. Changes in the Zoning Use Table including the addition of a “Bed and Breakfast with Events”
section and an update to the existing Bed and Breakfast requirements as mentioned in the previous
paragraph. The “Bed and Breakfast with Events” would allow an operator who wants to have routine
events to seek that approval with a Special Use Permit and establish a series of restrictions or
limitations on the events in the UDC. However, during each individual Special Use Permit review,
the Council may include additional conditions of approval.
During the B&B Task Force’s review of the UDC, they discussed the possibility of adding a new use
category for “Inns” that would allow small hotel type uses. However, the Task Force felt this
proposed change was beyond their assignment, but would like to City Council to consider adding that
proposed amendment to the UDC review list.
Commissioners asked questions regarding parking, number of attending guests, and plumbing. Staff
responded those questions.
Vice-chair Milburn opened the public Hearing.
Renee Hanson, 1252 S. Austin Ave. and a member of the UDC task force spoke. Ms. Hanson supports
the amendment to the UDC with one exception. She proposed a limit to holding events from
unlimited to 1 a week or maximum of 4 per month. She also proposed an event be categorized as
having over 25 people. Commissioners thanked Ms. Hansen, but felt these suggestions should be
addressed during the City Council meeting and the decision made by the City Council.
The public hearing was closed.
Discussion between staff and commissioners.
Motion by McMichael to recommend to the City Council approval of an Amendment to the Unified
Development Code to revise Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast
establishments. Second by Easley Approved. (5-0)
7. Consideration and Possible Action to grant a Setback Waiver pursuant to Unified Development Code
Section 1.03.C to utilize the platted front setback of twenty-five feet (25’) in place of the required front
build-to line for Reata East, Block B, Lot 5, also known as The Georgetown Sleep Center Phase II. SP-
2008-040 (TG) Staff report by Tommy Garcia. The first phase of the Georgetown Sleep Center was
built in 2004. Initially, the owners planned to develop the site in three phases but only built the first
phase. The original site plan set the planned buildings significantly back from the front property line
adjacent to Northwest Boulevard, allowing all the phases to share parking. Now, the owners are
ready to start the second phase of their development; however, the original site plan has expired and
they are required to follow the current code that does not allow for their planned location of the Phase
II building. In the Local Commercial (C-1) zoning district, per Unified Development Code (UDC)
Section 6.03.020, 15% of the primary facade of the new building is required to build-to the front
property line. Pursuant to UDC Section 6.03.040.B.1, the “build-to” requirement is defined as “the
Planning & Zoning Commission Minutes / November 4, 2008 Page 4 of 4
percent of the primary facade of the primary building required to be built within five feet of the edge
of the public right-of-way along the primary street adjacent to the lot”.
The subdivision plat for the lot shows setbacks of 25 feet (25’), but UDC Section 1.03.C states that “any
plat that has platted setbacks, which are in conflict with the standards of the UDC, shall be subject to
the setback provision of the UDC”. The applicants are seeking a waiver from the Planning and
Zoning Commission under the provisions of Section 1.03.C, which states “A waiver from the Planning
and Zoning Commission shall be required to maintain and utilize the platted setbacks”. This waiver
would allow the applicants to place the building near where it was originally planned to be.
Vice-chair Milburn invited the applicant to speak. Jim Cummins, Steger Bizzell representing the applicant
stated he will be glad to answer questions.
Vice-chair Milburn opened the public Hearing. No one came forward. The public hearing was closed.
Motion by McMichael to Approve the Setback Waiver pursuant to Unified Development Code Section
1.03.C to utilize the platted front setback of twenty-five feet (25’) in place of the required front build-to
line for Reata East, Block B, Lot 5, also known as The Georgetown Sleep Center Phase II. Second by
Easley Approved. (5-0).
8. Discussion and an update on the proposed CARTS bus service and other transportation planning items,
including the Overall Transportation Plan update process.
Ed Polachek gave brief a presentation with handouts. Ed reviewed future impacts of population’s growth
and traffic. Discussions between commissioners and staff.
9. Update and discussion on the joint workshop on October 27 with the City Council, Planning and
Zoning Commission, and the UDC Task Force to discuss the list of possible UDC Amendments.
Elizabeth Cook gave to commissioners a list of the proposed UDC amendments for Commissioners to
review. Also included is the staff report of the workshop of October 28, 2008 with Council,
Commission and UDC Task Force to review the proposed Amendment List for 2008-2009. Staff
proposed to establish several different teams to assist staff on the text changes for the list of the
amendments.
10. Discussion and possible action regarding a trip to north Texas to visit mixed-use and transit oriented
developments in the area.
Looking at the 3rd & 4th of December for traveling to the Dallas area. (Southlake, Plano) Liz stated she
will keep the commissioners informed.
Motion to adjourn
_______________________________ __________________________________
Approved, Sarah Milburn, Vice-chair Attested, Marlene McMichael, Secretary
Certificate of Posting
I, Sandra D. Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. Eighth Street, a place readily accessible to the general public at all
times, on the ______ day of __________________, 2008, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Sandra D. Lee, City Secretary