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HomeMy WebLinkAboutMinutes_P&Z_08.04.2009 Planning & Zoning Commission Minutes / August 4, 2009 Page 1 of 4 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, August 4, 2009 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Members Present: Don Padfield, Chair, Annette Montgomery, Secretary, Gregory Austin, Brandon Collier, Gene Facey. Members Absent: Patrick Lawson, Vice Chair & Christopher Damon Commissioners in Training Present: Pat Armour Commissioners in Training Absent: Porter Cochran Staff Present: Elizabeth Cook, Director; Valerie Kreger, Principal Planner; Jordan Maddox, Planner; Robbie Wyler, Downtown Historic Planner; David Munk, City Engineer; 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 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. Consent Agenda: 2. Consideration of the Consent agenda including the Minutes of the June 2, 2009, meeting of the Planning and Zoning Commission. 3. Consideration and Possible Action on a Preliminary Plat for 2.28 acres in the Flores Survey to be know as the Woerner-Baker Subdivision located at 2501 N. Austin Ave. (TG) PP-2009-007 Motion by Facey to approve the consent agenda including the June 2, 2009 minutes. Second by Collier. Approved. (4-0) Planning & Zoning Commission Minutes / August 4, 2009 Page 2 of 4 Regular Agenda: Commissioner Austin arrived at 6:07pm 4. Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to PUD, Planned Unit Development for 14.307 acres in the Burrell Eaves Survey, also known as the Sun City Community Gardens, located near the intersection of State Highway 195 and Sun City Boulevard. (JM) REZ-2009-009 Staff report by Jordan Maddox. The Community Gardens were developed for the Sun City residents to have small garden plots in a common area. The property is currently located outside of the city limits, although there is a companion annexation request currently in process that will have to be approved prior to the rezoning. The non-residential use of the land had not been consistent with the Sun City Concept Plan until the recent 9th Amendment was adopted. That amendment added the Community Gardens site as an Institutional Use to the Concept Plan. A condition of the 9th Amendment application was that an additional application would be filed to annex and rezone the Garden site. This application complies with that condition. At the present time, the property does not require a plat or Site Plan, although either could be required in the future. The planned Softball Park on the lot east of the gardens will contain restroom facilities and potable water that will serve the development on this site. Staff recommends the rezoning, based on the proposal’s consistency with the Sun City 9th Amended Development Agreement and Cncept Plan, UDC and 2030 Plan. Chair Padfield invited the applicant to speak. Speaker Peter Verdicchio stated that he will be glad to answer any questions. Chair Padfield opened the public Hearing, No one came forward, the public Hearing was closed. Motion by Facey to recommend approval to City Council of a rezone for 14.307 acres from AG, Agriculture District to PUD, Planned Unit Development, also known as the Sun City Community. Second by Montgomery. Approved. (5-0) 5. Public Hearing and Possible Action on a Rezoning for Hughes Addition, Block 3 (n/ctr/pt), 0.1651 acres, and Hughes Addition, Block 3 (ne/pt), 0.2147 acres, from RS, Residential Single-Family to CN, Neighborhood Commercial, also known as the McIntosh Snyder House, located at 514 & 516 E. University Ave. (RW) REZ-2009-010 Staff report by Robbie Wyler. The applicant has requested a change of zoning from RS, Residential Single-Family District to CN, Neighborhood Commercial District. The intent is to convert the two properties into a Bed & Breakfast establishment with up to eight (8) guestrooms. Per Unified Development Code (UDC) Section 5.02.150.B.1, for Bed & Breakfast establishments within a Residential District, the Bed & Breakfast owner must be a full- time resident of the main dwelling on the same property on which the Bed & Breakfast establishment is located. As anticipated, each structure will house four (4) guestrooms. With the current Ordinance, the owner would have to occupy one of the structures and structurally connect the second to ensure the B&B establishment is under one roof. To avoid this requirement, the owner would like to rezone to an appropriate commercial zoning which would allow him to live off-site and keep the two structures separate, preventing any damage to the historic value of both buildings and the property. Currently, the site is screened from neighbors and has parking at the rear for B&B guests, two items that are required with this type of use. The applicant feels this type of business would be beneficial to Georgetown and would use the two historic properties in their highest and best manner. Staff supports the zoning change from RS, Residential Single-Family to CN, Neighborhood Commercial. This support is based on the proposal’s consistency with the 2030 Plan and Land Use Element, as well as its compatibility with the surrounding neighborhood. The Planning & Zoning Commission Minutes / August 4, 2009 Page 3 of 4 site is adequate for the proposed small commercial use and should be beneficial to the area. While staff supports this use at this location, there would be no support for the alteration of the buildings, as would be needed with the current zoning situation. Additionally, staff suggests including a limitation on the rezoning that the structures cannot be demolished or removed. UDC Section 3.13.040.E regulates demolition within the Old Town Overlay and states that if the HARC denies the Certificate of Design Compliance for demolition or relocation, then a delay period of 175 days shall be initiated from the date of the public hearing. This time period allows for an attempt to find an alternative to demolition or relocation of the structure. During this time period, the applicant and city staff will work in good faith with the Commission, local preservation groups, and individuals to find a way to preserve the structure. The case shall be placed on the first HARC agenda that falls after the 175-day period for Final Action on the application for a Certificate of Design Compliance. If no alternative to demolition or relocation has been found, a Certificate of Design Compliance for demolition shall be issued by the HARC. Should the property owner choose to demolish or remove either structure and no compromise is made within the 175-day period for HARC, a condition of approval prohibiting demolition or removal of the structure(s) would require the owner to return to City Council and amend the rezoning. Chair Padfield invited the applicant to speak. Mr. McIntosh stated he will be glad to answer questions. He reviewed the history of the house. Chair Padfield opened the Public Hearing, No one came forward, the public hearing was closed. The Commission showed concern that another use other than a Bed and Breakfast establishment could go into either structure with the approval of a Neighborhood Commercial zoning. Mr. Wyler suggested creating the limitation that no use other than a Bed and Breakfast establishment be allowed on either property. He stated that this would require the property owner to come back to City Council for an amendment to the rezoning should another use be desired. Motion by Austin to recommend to City Council Rezoning of 0.1651 acres, being Block 3 (n/ctr/pt), in Hughes Addition and 0.2147 acres, being Block 3 (ne/pt), in Hughes Addition, from RS, Residential Single-Family District to CN, Neighborhood Commercial District with the limitations that neither structure be allowed for demolition or removal and that no use other than a Bed & Breakfast establishment be allowed. Second by Collier. Approved 5-0. 6. Public Hearing and Possible Action on a Rezoning for 2.28 acres in the Flores Survey, from RS, Residential Single-Family to C-1, Local Commercial, to be known as Woerner-Baker Subdivision located at 2501 N. Austin Ave. (TG) REZ-2009-011 Staff report by Tommy Garcia. The applicant has requested a change of zoning from RS, Residential Single-Family District to C-1, Local Commercial District. The intent is to redevelop the residential mobile home property into three small professional offices. Staff supports the rezoning change from Residential Single-Family to Local Commercial. This support is based the proposal’s consistency with the 2030 Plan and Land Use Element, as well as its compatibility with the zoning and uses of the surrounding area. Chair Padfield invited the applicant to speak. Staff stated the engineer is here and will be glad to answer any questions. Chair Padfield opened the Public Hearing, No one came forward, the public hearing was closed. Motion by Austin to recommend to City Council approval to rezone 2.28 acres in the Flores Survey, from RS, Residential Single-Family to C-1, Local Commercial. Second by Facey. Approved. 5-0 Planning & Zoning Commission Minutes / August 4, 2009 Page 4 of 4 7. Possible discussion and update on the 2008-2009 Annual Unified Development Code (UDC) review process and the UDC review calendar. Elizabeth reviewed over the UDC process and stated waiver application maybe coming forward to the P&Z meeting for approval. 8. Discussion and possible action to schedule a special meeting and public hearing for the Third Round of 2008-2009 Unified Development Code Amendments. Elizabeth stated that staff will hopefully bring the third round of UDC during the September P&Z meeting or later in the month during a special called meeting. Fourth round of UDC will hopefully brought forward later in the year. 9. Discussion on the Development Review Committee (DRC) process. 10. Reminder of the September 1, 2009, Planning and Zoning Commission meeting. 11. Adjourn 7:01 p.m. Motion to adjourn. _______________________________ __________________________________ Approved, Don Padfield, Chair Attested, Annette Montgomery, Secretary