HomeMy WebLinkAboutMinutes_P&Z_04.09.2009
P&Z Commissioners Meeting, April 9, 2009
Page 1 of 7
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Thursday, April 9, 2009 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Members Present: Don Padfield, Chair; Pat Lawson, Vice Chair; Annette Montgomery, Secretary;
Gregory Austin, Brandon Collier and Gene Facey
Members Absent: Chris Damon
Commissioners in Training Present: Pat Amour, Porter Cochran
Commissioners in Training Absent:
Staff Present: Elizabeth Cook, Director: Valerie Kreger, Principal Planner, Jordan Maddox, Planner III;
Robbie Wyler, Historic Downtown Planner; Trish Carls, City Attorney and Stephanie McNickle, Recording
Secretary.
Chair Padfield called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance.
Chair Padfield 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 o f
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 March 3, 2009, meeting of the Planning and Zoning Commission.
Chair Padfield pulled item #4 to the regular agenda.
Motion by Montgomery, Second by Lawson approve the consent agenda and minutes with corrections.
Second by Collier. Approved (6-0)
3. Consideration and Possible Action on a Public Review Final Plat for 35.16 acres in the Foy Survey, also
known as Sun City Neighborhood Fifty-four, located on the future extension of Pedernales Falls Drive.
PP-2009-003 (JM)
**Postponed by the applicant to the May 5th Planning and Zoning Commission meeting. **
Regular Agenda
5. Public Hearing and Possible Action on an Amendment to the Sun City Development Agreement,
amending the Sun City Concept Plan to accommodate the Sun City Softball Park and Community
Gardens, located on Sun City Blvd. DA-2009-001 (JM) Report give by Jordan. There are two significant
paragraphs in the proposed 9th Amendment to the Development Agreement. The first is the
replacement of the 8th Amended Concept Plan with the 9th Amended Concept Plan and includes the
P&Z Commissioners Meeting, April 9, 2009
Page 2 of 7
language that the vesting date of November 1, 1999 remains in effect. The second paragraph verifies that
the existing development remains intact and is changed only by the proposed 9th Amendment.
The Concept Plan proposes the additions of a 6.2-acre Softball Park and the existing 5.3-acre
Community Gardens, both approximate in exact size and boundary. There are other, less significant,
changes to the Concept Plan that should be noted here:
Note #3 on the Concept Plan: “Construction Staging and Storage to occupy 25 acres allocated for single
family, during construction of site” is removed and the corresponding graphical depiction of the storage
site on the Plan is also removed. The reason for the removal is that the staging area has been physically
removed from that location and a residential neighborhood has been built in its place, so the depiction is
no longer useful or relevant to the Concept Plan.
The Phasing Summary, which was a requirement of concept plans, was focused on provisions of
infrastructure and, specifically, the timing thereof. That is no longer relevant for the Sun City project
due to the much iteration of utility agreements with the City and the fact that the infrastructure facilities
associated with the Sun City build-out are in place or planned. For these reasons, the summary table is
removed from the 9th Amended Concept Plan.
Land Use Summary acreages are updated to reflect the new additions.
It should be noted that the Community Garden addition to the Concept Plan is an existing use operated
by the Sun City Community Association. It is currently outside of the city limits and carries no zoning.
City staff has informed the developer that this use is operating outside of the terms of the Development
Agreement and the developer has agreed to annex and zone the property in the coming months to
resolve this issue. There is no new proposal or change to the Community Garden site at this time. The
City has received a letter from the applicant pledging to submit applications for both annexation and
zoning of the Community Gardens by the May 21st application deadline.
Concurrent Application(s):
An application for a Planned Unit Development (PUD) rezoning to accommodate the Softball and Dog
Park is currently in process and will require this Concept Plan and Development Agreement to be
approved by City Council prior to adoption. That application is called Sun City Neighborhood 61
because it replaces a previously approved neighborhood, part of which will remain in the PUD.
This item would allow the proposed uses contemplated in that application; it does not change any
details in the PUD application. Staff supports the change as proposed.
Chair Padfield invited the applicant to speak. Peter Verdicchio stated he will be glad to answer
questions.
Chair Padfield opened the Public Hearing. No one came forward the Public Hearing was closed.
Motion by Facey that after holding the required public hearing, recommend to the City Council approval
of the 9th Amended Concept Plan and 9th Amendment to the Sun City Texas Development Agreement.
Second by Lawson. Approved. (6-0)
6. Public Hearing and Possible Action on a Rezoning to amend and increase the acreage of an existing
PUD, Planned Unit Development, for 25.43 acres in the Burrell Survey, located on Sun City Blvd.,
to be known as Sun City Neighborhood 61, including the Softball Park and future residential.
REZ-2008-020 (JM) Report given. The application is to amend an existing Planned Unit Development
for Neighborhood 61 that was previously approved by City Council in March of 2007. The owner is
Shannon Barksdale with Pulte Homes and the agent is Simon Gonzales with AECOM. The
amendment to the PUD is required to change the proposed uses and their associated development
standards and also to expand the boundaries of the District. The previously approved neighborhood
was platted and zoned for residential lots only but was never built. The new proposal to the PUD
would accommodate a softball park, dog park, restroom and concession facilities and parking
associated with said uses. In addition, the PUD contemplates future residential lots for a portion of
P&Z Commissioners Meeting, April 9, 2009
Page 3 of 7
the PUD. The new PUD development plan and eventual plat for this site will replace the previously
approved versions outright.
The approximately 25-acre site is located in the northeastern portion of the Sun City development, at
the intersection of Sun City Blvd and State Highway 195 and adjacent to the existing Community
Gardens. It is adjacent to the Shady Oaks development in the ETJ, separated by a local street.
Chair Padfield invited the applicant to speak. Peter Verdicchio stated he will be glad to answer
questions. Chair Padfield opened the Public Hearing. No one came forward the Public Hearing was
closed.
Motion by Lawson that After holding the required public hearing, recommend to the City Council
approval of a Rezoning to amend and increase the acreage of an existing PUD, Planned Unit
Development, for 25.43 acres in the Burrell Survey, located on Sun City Blvd., to be known as Sun City
Neighborhood 61, including the Softball Park and future residential. Second by Facey. Approved (6-0)
7. Public Hearing and Possible Action on a Rezoning to amend an existing PUD, Planned Unit
Development, for 28.429 acres in the Foy Survey, also known as Sun City Neighborhood Fifty-two,
located near the intersection of Pedernales Falls and Cool Springs Way. REZ-2009-004 (JM)
Report given by Jordan. The application is to amend an existing Planned Unit Development for
Neighborhood 52 that was previously approved by City Council in December of 2006. The owner is
Shannon Barksdale with Pulte Homes and the agent is Simon Gonzales with AECOM. The
amendment to the PUD is required to expand the boundaries of the District and add additional lots.
The 28-acre site is located in the northwestern portion of the Sun City development, near the new
Cowan Creek Golf Course and Amenity Center, which is nearing completion. The property is
currently zoned PUD, as previously approved in December of 2006. The property was annexed in
2006, as well. The property falls under the regulations of the 1999 Subdivision Regulations and the
Sun City 8th Amended Concept Plan/ 8th Amendment to the Sun City Development Agreement. The
previously approved Neighborhood 52 was for 27.760 acres and contained 124 single-family “cluster”
lots. The cluster housing type allows for smaller lots and shorter setbacks, as defined in the 8th
Amendment. The current PUD amendment will retain the cluster concept but add eleven lots and
increase the boundaries of the PUD to 28.429 acres. The proposed development is consistent with the
applicable regulations and is shown to be residential/golf on the Sun City Concept Plan. Chair
Padfield invited the applicant to speak. Peter Verdicchio stated he will be glad to answer questions.
Chair Padfield opened the Public Hearing. No one came forward the Public Hearing was closed.
Motion by Austin to Recommend approval to the City Council for the Rezoning to amend an existing
Planned Unit Development, for 28.429 acres in the Foy Survey also known as Sun City Neighborhood
Fifty-two, located near the intersection of Pedernales Falls and Cool Springs Way. Second Facey.
Approved (6-0)
4. Consideration and Possible Action on a Public Review Final Plat for 28.429 acres in the Foy Survey,
also known as Sun City Neighborhood Fifty-two located near the intersection of Pedernales Falls and
Cool Springs Way. PP-2009-004 (JM) Report given by Jordan Maddox. The application is to amend an
existing Planned Unit Development for Neighborhood 52 that was previously approved by City
Council in December of 2006. The owner is Shannon Barksdale with Pulte Homes and the agent is
Simon Gonzales with AECOM. The amendment to the PUD is required to expand the boundaries of
the District and add additional lots. The 28-acre site is located in the northwestern portion of the Sun
City development, near the new Cowan Creek Golf Course and Amenity Center, which is nearing
completion. It is surrounded by undeveloped land intended for future Sun City neighborhoods and
also backs up to the neighboring Woodland Park development.
Chair Padfield invited the applicant to speak. Peter Verdicchio stated he will be glad to answer questions.
Chair Padfield opened the Public Hearing. No one came forward the Public Hearing was closed
P&Z Commissioners Meeting, April 9, 2009
Page 4 of 7
Motion by Lawson to recommend approval to the City Council for the Rezoning to amend an
existing Planned Unit Development, for 28.429 acres in the Foy Survey also known as Sun City
Neighborhood Fifty-two, located near the intersection of Pedernales Falls and Cool Springs Way.
Second Facey Approved (6-0)
8. Public Hearing and Possible Action on a Rezoning from AG, Agriculture to PUD, Planned Unit
Development, for 35.16 acres in the Foy Survey, also known as Sun City Neighborhood Fifty-four,
located on the future extension of Pedernales Falls Drive. REZ-2009-003 (JM)
**Postponed by the applicant to the May 5th Planning and Zoning Commission meeting. **
9. Public Hearing and Possible Action on a Rezoning to amend an existing PUD, Planned Unit
Development, for 0.661 acres in the Snyder Addition, Block 7 (E/PT), located at 1008 E. University
Avenue, also known as the San Gabriel House Bed & Breakfast. REZ-2009-005 (RW) Staff report given
by Robbie Wyler. On September 12, 2000, the City Council approved a rezoning from the RS,
Residential Single-Family District to the RP, Residential Planned District to allow for a Bed &
Breakfast within the existing residential structure. The following conditions were made part of the
approval:
1) The use of the property is restricted to use for a Bed and Breakfast or any use permitted in the RS –
Residential Single Family Zoning District;
2) Use of the property for a Bed and Breakfast Hotel shall require an on-site resident manager;
3) The preparation and serving of food is restricted to overnight guests;
4) Hosting of social events or meetings is prohibited;
5) No dumpster as a receptacle of garbage shall be located on site;
6) Length of stay for guests is limited to 14 consecutive nights
7) A six foot (6’) privacy fence shall be built at the rear of the property along 13th Street to shield the
parking lot and may be closer than the required 25’ setback.
The RP District was renamed to PUD, Planned Unit Development with the adoption of the UDC in
2003. The base district of this property remained RS, Residential Single Family. Recently, the current
owners of the San Gabriel House Bed & Breakfast became aware that there were conditions attached
to the 2000 rezoning that could affect the way they are running their business. To ensure that they are
operating properly and within compliance of all City regulations, they owners are applying for an
amendment to the PUD. There are two conditions that the applicant is asking to amend. The first is
Condition 3; the preparation and serving of food is restricted to overnight guests. Secondly is
Condition 4; Hosting of social events or meetings is prohibited. With these two conditions, the San
Gabriel House Bed & Breakfast cannot host small events or serve food to guests who are not staying
overnight. Unaware of the conditions, they have been hosting social events and serving food for
many years. They are asking to amend the PUD to remove conditions number three and four so that
they may legally continue their current activities. All events held at the facility will still be required to
get approval through the Permits & Inspections office. The requested amendment to the PUD is
appropriate given the size of the property and the site’s location along University Avenue. A Bed &
Breakfast within a residential zoning district is allowed to host events and serve food to non-guests as
long as the proper permits are obtained. The applicants have in the past hosted small events with no
recorded issues from neighbors or the City. Chair Padfield invited the applicant to speak. Neil Rapp
stated he will be glad to answer questions. Chair Padfield opened the Public Hearing. No one came
forward the Public Hearing was closed. Motion Facey Recommend approval of a Rezoning to amend
an existing PUD in the Snyder Addition, Block 7 (E/PT), located at 1008 E. University Avenue, also
known as the San Gabriel House Bed & Breakfast. Second Collier Approved (6-0)
P&Z Commissioners Meeting, April 9, 2009
Page 5 of 7
10. Public Hearing and Possible Action on a Special Use Permit to amend the existing conditions of
approval, for 0.41 acres in the Morrow Addition, Block E (NW/PT), located at 1237 S. Main Street.
SUP-2009-001 (RW) Staff report given by Robbie Wyler. The subject property is located along the east
side of Main Street between University Avenue and 16th Street. The tract has an existing zoning
classification of RS, Residential Single-Family and a Future Land Use of Mixed Use Neighborhood
Center. On September 23, 2008, City Council approved a Special Use Permit (SUP) for an accessory
residential unit on the subject property with the conditions that it not be used for rental purposes, the
footprint of the accessory structure remain the same and the only exterior changes allowed are the
addition of two dormers above the garage doors and updated doors and windows. Since the SUP
approval, the applicant has come back to staff requesting an amendment to the SUP that includes
removing the existing garage and replacing it with an addition to the house that would include a new
garage and accessory residential unit. As there is no amendment process for Special Use Permits, a
new Special Use Permit is proposed that addresses the applicant’s modified plans for the unit. Again,
the applicant is requesting the SUP to allow for an accessory residential unit. An existing detached
garage and former living quarters will be demolished to make way for a new attached garage and
accessory residential unit. The unit will be constructed at the rear of the main structure and behind
the new attached garage. The 900 square foot accessory residential unit will be below 25% of the
main structure’s total area of 3,617 square feet, as required by the Unified Development Code (UDC).
The property owner wants to provide living quarters within the unit for visiting family and friends.
The applicant has stated that the living quarters will not be used for rental purposes. No Certificate of
Design Compliance (CDC) approval is needed from the Historic and Architectural Review
Commission (HARC) for the proposed addition. Chair Padfield invited the applicant to speak.
Applicant has no comments. Chair Padfield opened the Public Hearing. No one came forward the
Public Hearing was closed.
Motion by Austin to approve the Special Use Permit for an accessory residential unit at 1237 S. Main
Street. Second Lawson. Approved. (6-0).
11. Public Hearing and Possible Action on a Preliminary Plat for a Resubdivision of the San Gabriel
Estates, Lots 7 & 8, to be known as Sonrisa (also known as Esperanza), located on Williams Drive near
the intersection of Wagon Wheel Trail. PP-2009-002 (JM) Report given by Jordan. This application is
for a Preliminary Plat to split the existing Lots 7 and 8 of San Gabriel Estates into five commercial lots.
The lots will be a mix of medical and professional offices with some commercial/retail anticipated.
The owner is Steve Richmond, the agent is Jim Cummins from Steger and Bizzell and the proposed
project will be known as Sonrisa (was recently rezoned under its former name, Esperanza). Since this
is a change to an existing subdivision, it is considered a Resubdivision (also known as a Replat), which
means it is required to have a public hearing. It will meet all of the current requirements of a UDC
Preliminary Plat. The 7.9-acre site is located on Williams Drive, near the intersection of Wagon Wheel
Trail. The 7.9-acre site was originally subdivided as a portion of the San Gabriel Estates, Lots 7 and 8.
It was annexed as part of the City’s 2006 Annexation Process and was subsequently given the default
zoning of AG, Agriculture. On January 27, 2009, the two lots were rezoned C-1, Local Commercial.
The plat follows all of the requirements of a Preliminary Plat, which means the site will have utility,
landscape and access easements, right-of-way dedication, impervious cover delineations, etc. The
reason for this condition was to preserve existing trees, including two heritage trees, so a note has
been added to the plat to represent this condition. The plat follows all of the requirements of a
Preliminary Plat, which means the site will have utility, landscape and access easements, right-of-way
dedication, impervious cover delineations, etc. This project is being master-planned and will include
shared parking, open space, shared stormwater detention and will be built with an overall design
intended to take advantage of native trees and common areas. A condition of the ordinance rezoning
P&Z Commissioners Meeting, April 9, 2009
Page 6 of 7
this property to C-1 was that any applicable “build-to” provision (for building setbacks) be calculated
as a total of the site’s Williams Drive frontage and not lot-by-lot. The reason for this condition was to
preserve existing trees, including two heritage trees, so a note has been added to the plat to represent
this condition.
Chair Padfield invited the applicant to speak. Applicant has no comments.
Chair Padfield opened the Public Hearing. No one came forward the Public Hearing was closed.
Motion by Facey, after conducting the required public hearing, recommend approval of the Preliminary
Plat for a Resubdivision of the San Gabriel Estates, Lots 7 and 8, to be known as Sonrisa. Second
Montgomery. Approved (6-0)
12. Public Hearing and Possible Action on a Preliminary Plat for a Resubdivision with a waiver to Section
6.03.020 of the Unified Development Code, for 0.43 acres being further described as Crestview Addition,
Block 2, Lot 1 (s/pt), and a 0.12-acre portion of former Oak Lane street right-of-way, to be known as RCD
Properties, LLC Subdivision, located at 1601 Oak Lane. PP-2009-001 (VK)
**Postponed by the applicant to the May 5th Planning and Zoning Commission meeting. **
13. Public Hearing and Possible Action on a Comprehensive Plan Amendment to change the Future Land
Use Plan from Low-Density Residential to High-Density Residential for 145.13 acres in the William
Addison Survey, to be known as The Madison 145, located the southeast corner of CR 110/CR 111. CPA-
2009-001 (JM)
** This item has been withdrawn by the applicant. **
14. Public Hearing and Possible Action on a Comprehensive Plan Amendment to change the Growth Tier
Map from Tier 2 to Tier 1 for 185 acres in the Low Survey, to be known as Oakmont Crossing, located at
748 CR 111 (Westinghouse Road). CPA-2009-002 (JM)
**Postponed by the applicant to the May 5th Planning and Zoning Commission meeting. **
15. Public Hearing and Possible Action on a Rezoning from AG, Agriculture to PUD, Planned Unit
Development for 185 acres in the Low Survey, to be known as Oakmont Crossing, located at 748 CR 111
(Westinghouse Road). REZ-2009-002 (JM)
**Postponed by the applicant to the May 5th Planning and Zoning Commission meeting. **
16. Public Hearing and Possible Action on a Comprehensive Plan Amendment package, changing text,
maps and associated materials pertinent to the 2030 Plan Annual Update staff-proposed amendment
list. (JM) Jordan Maddox gave a brief report of propose changes. The 2030 Comprehensive Plan was
adopted by City Council in February of 2008. The new plan established a process for an annual
update to keep the Council informed of the Plan’s implementation and provide an opportunity for
amendments. For 2009, staff received two applications from the public proposing changes to maps in
the Land Use Element. In addition to those two applications, staff is proposing a series of minor text
and map amendments that seek to clarify or expand certain items. A list of all proposed amendments
was presented to the Planning and Zoning Commission and Council with the Annual Update report
on February 23, 2009 and neither body made changes to the list. The details of each staff-proposed
amendment item are presented here for consideration. Edits to the 2030 Plan document will be made
following adoption by City Council. Commissioners asked questions and staff responded.
Chair Padfield opened the Public Hearing. No one came forward the Public Hearing was closed.
Motion by Austin, after holding the required public hearing, recommend to the City Council approval of
the 2030 Plan amendments. Second by Lawson Approved. (6-0)
P&Z Commissioners Meeting, April 9, 2009
Page 7 of 7
17. Possible discussion and information on the 2008-2009 annual UDC review process and the UDC calendar.
Elizabeth stated there will be a task force meeting .next Wednesday, April 15th
18. Discussion and possible action regarding the Planning and Zoning Commission bylaws.
Elizabeth presented the Commissioners with a draft copy of proposed changes to the current Bylaws.
19. Reminder of the May 5, 2009, Planning and Zoning Commission meeting.
20. Motion to Adjourn 7:55 p.m.
_______________________________ __________________________________
Approved, Don Padfield, Chair Attested, Annette Montgomery, Secretary
Certificate of Posting
I, Jessica Hamilton, Assistant 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 __________________, 2009, at __________, and remained so posted
for at least 72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Hamilton, Assistant City Secretary