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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