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HomeMy WebLinkAboutMinutes_P&Z_11.03.2009 and 11.05.2009 Planning & Zoning Commission Minutes / November 3 & November 5, 2009 Page 1 of 5 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, November 3, 2009 at 6:00 PM And Thursday, November 5, 2009 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Don Padfield, Chair; Patrick Lawson, Vice Chair; Annette Montgomery, Secretary; Porter Cochran, Brandon Collier, Gregory A. Austin,. Commissioner(s) Absent: Gene Facey Commissioners in Training: Pat Armour Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Director; Valerie Kreger, Principal Planner; David Munk, City Engineer; Jennifer Bills, Housing Coordinator and Stephanie McNickle, Recording Secretary. Chair Padfield called the meeting to order at 6:07 p.m. and led the Pledge of Allegiance. November 5, 2009 Planning and Zoning Meeting Continued. Commissioners: Don Padfield, Chair; Patrick Lawson, Vice Chair; Annette Montgomery, Secretary; Porter Cochran Commissioner(s) Absent: Brandon Collier, Gregory A. Austin, Gene Facey. Commissioners in Training: Commissioner(s) in Training Absent: Pat Armour Staff Present: Elizabeth Cook, Director; Valerie Kreger, Principal Planner; David Munk, City Engineer; Jennifer Bills, Housing Coordinator and Stephanie McNickle, Recording Secretary. Chair Padfield called the meeting to order at 6:03 p.m. and led the Pledge of Allegiance. The chair announced that today’s meeting on November 3rd, 2009 was not properly noticed. The Public Hearings scheduled will be opened for those who wish to speak. Then the Hearings will be continued until the new meeting date of November 5, 2009 at 6:00 pm. Those who wish, may speak again at that time. The items will be explained by staff before the Hearing each date. The Commission with not deliberate or take any action until the November 5th Meeting. 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 Planning & Zoning Commission Minutes / November 3 & November 5, 2009 Page 2 of 5 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 6, 2009 meeting of the Planning and Zoning Commission. This item was addressed during the November 5th meeting. November 5th, continuation of the Planning and Zoning of November 3rdh. Motion by Lawson to approve the consent agenda including the October 6, 2009 minutes. Second by Montgomery. Approved. (4-0) Regular Agenda Since Items #3 & #4 regarded the same property, Jennifer Bills gave both staff reports at this time. 3. Public Hearing and Possible Action on a Comprehensive Plan Amendment changing the Future Land Use Plan from Medium Density Residential and Mixed Use Neighborhood Center to Employment Center for 18.81 acres in the Dyches Survey, also know as the Pierce Tract, located at 1000 FM 1460. (JCB) CPA- 2009-005 Staff report given by Jennifer Bills. The applicant has requested an adjustment to the Future Land Use Plan by extending the Employment Center boundaries from the west. This land use change is accompanied by a voluntary annexation request and a zoning request of Business Park, with the idea of developing the tract as an office complex. Due to the Future Land Use designation of Employment Center to the west and the existing industrial and office land uses to the west, north and east, an employment center use would be compatible and an office complex would offer a less intensive commercial buffer for the residential uses to the south. Staff has determined that the Future Land Use Plan amendments being proposed are appropriate and will accommodate the proposed zoning districts contemplated. 4. Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to BP, Business Park District for 18.81 acres in the Dyches Survey, also known as the Pierce Tract, located at 1000 FM 1460. (JCB) REZ-2009-013 Staff report given by Jennifer Bills. The applicant has requested a change of zoning from AG, Agriculture (the default zone for annexation) to BP, Business Park District. The future intent is to develop the tract as an office complex. Padfield invited the applicant to speak. Mr. Sedlor stated he and the owner felt the proposed application is the best option for this property. Chair Padfield opened the Public Hearing. Tracy Lafane, 207 Valley Drive, stated she is concerned with property value and stated if the application is approved that only one story office buildings be permitted. She also asked for landscape buffer to help with privacy issues. She also requested that Sunrise Valley Lane never be opened to business traffic and lab research not be allowed to into the development. Quint Schneider, 211 Valley Drive stated a portion of his property along with part of the Pierce Tract is in the flood zone area and is very concerned with the type of development that will be allowed. Gene Stabeno, 1020 FM 1460 gave a written document explaining the history of the property for the Commissioners to review and stated he is very concerned with flooding issues. Mr. Stabeno also presented pictures to the Commissioners showing neighboring yards being flooded due to a 12” to 14” wall built by the owner which goes against Texas Water Code. No one else came forward to speak. Chair Padfield stated the public hearing will continue Thursday, November 5th. November 5th, continuation of the Planning and Zoning meeting of November 3rd. Jennifer Bills reread the above information for each application. Chair Padfield invited the applicant to speak. Mr. Sedlor reminded the Commissioners this property is not in the city limits. Chair Padfield continued the public hearing from Tuesday, November 3rd. Tracy Lafane, 207 Valley Drive, Planning & Zoning Commission Minutes / November 3 & November 5, 2009 Page 3 of 5 reiterated her statement given November 3rd and asked Commissioners to please be mindful of the flooding concerns. Chair Padfield closed the Public Hearing. Motion by Lawson to recommend to City Council Denial of a request for the change the future land use for 18.81 acres of the Dyches survey from Moderate Density Residential, Mixed Use Neighborhood Center and Open Space to Employment Center. Second by Montgomery. Approved. (3-1) Padfield Motion by Lawson to recommend to City Council Denial of a request to change the zoning for 18.81 acres of the Dyches Survey from Agriculture to Business Park. Second by Cochran. Approved. (3-1) Padfield. 5. Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for San Gabriel Estates, Block 1, Lot 6, located at 3600 Williams Drive. (TG) REZ- 2009-014. Staff report given by Valerie Kreger. The applicant has requested a change of zoning from AG, Agriculture District to C-1, Local Commercial District. The intent is to make the property more maketable for a future commericial use. The proposed C-1 District is intended to provide areas for commercial and retail activities that primarily serve residential areas. Approval of this C-1 zoning will allow the current or any future owner the option to develop the property for any allowable C-1 use. Chair Padfield invited the applicant to speak. Applicant was not present. Chair Padfield opened the Public Hearing. No one came forward to speak. Chair Padfield stated the public hearing will continue Thursday, November 5th. November 5th, continuation of the Planning and Zoning meeting of November 3rd. Valerie Kreger reread the above information. Chair Padfield invited the applicant to speak. Applicant was not present. Padfield continued the public hearing from Tuesday, November 3rd, no one came forward. The public hearing was closed. Motion by Porter to recommend to City Council approval of a request to rezone Lot 6, Block 1, of San Gabriel Estates from AG, Agriculture to C-1, Local Commercial. Second by Montgomery. Approved. (4-0) Since Items #6 & #7 regarded the same property, Valerie Kreger gave both staff reports at this time. 6 Public Hearing and Possible Action on a Comprehensive Plan Amendment changing the Future Land Use Plan from High Density Residential to Employment Center and Mixed-Use Neighborhood Center for 28.27 acres in the Flores Survey, to be known as Gateway Crossing, located at NE Inner Loop and County Road 151. (JM) CPA-2009-004 Staff report by Jordan Maddox given by Valerie Kreger. The applicant has requested an amendment to the Future Land Use Plan to extend the current Employment Center and Mixed-Use Neighborhood Center boundaries. With this boundary adjustment, the future land use configuration could appropriately accommodate the companion rezoning request that would allow the property to develop into an indoor and outdoor sports center with adjoining retail and office. The vision of the applicant is to create a regional destination based on a sports complex, which will be comprised of an indoor soccer facility, outdoor athletic fields and additional future indoor facilities. In addition, the applicant wishes to provide sites for restaurants, offices, and general retail such as a drugstore and fuel service along Inner Loop. There is currently a shortage of commercial development in this general area to serve the nearby Crystall Knoll and Katy Crossing subdivisions and the applicant is seeking to capatilize on this void. 7. Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to C-3, General Commercial, C-1, Local Commercial, OF, Office, and IN, Industrial Districts for 28.27 acres in the Flores Survey, to be known as Gateway Crossing, located at NE Inner Loop and County Road 151. (JM) REZ-2009-015. Planning & Zoning Commission Minutes / November 3 & November 5, 2009 Page 4 of 5 Staff report by Jordan Maddox given by Valerie Kreger. The applicant has requested a change of zoning from AG, Agriculture District to IN, Industrial, C-3, General Commercial and C-1, Local Commercial Districts. The intent is to develop the property into an indoor and outdoor sports complex with adjoining retail and office. An indoor soccer facility, the main catalyst for this development, is allowed by the Unified Development Code (UDC) only in the C-3 and IN Districts. Staff recommended to the applicant that the IN District was appropriate because of the potential for future reuse of the large facility for industrial or similar uses. The overall vision of the applicant is to create a regional destination based on the sports complex, which will be comprised of the indoor soccer facility, outdoor athletic fields and other contemplated future indoor facilities. In addition, the applicant wishes to provide sites for restaurants, offices, and general retail such as a drugstore and fuel service along Inner Loop. There is currently a shortage of commercial development in this general area to serve the nearby Crystall Knoll and Katy Crossing subdivisions and the applicant is seeking to capatilize on this void. The C-3 and C-1 Districts will accommodate the proposed uses and offer the flexibility for high-density residential and mixed-use buildings, which the applicant has expressed an interest in developing. The intent is to develop this site with an overall design scheme, common internal open space and connectivity between the commercial uses and the sports complex. Staff is also recommending extending Sudduth Drive through the property to CR 151 to give more internal access and driveway, and fewer driveways onto Inner Loop and CR 151. Chair Padfield invited the applicant to speak. The applicant was not present. Chair Padfield opened the Public Hearing. No one came forward to speak. Chair Padfield stated the public hearing will continue Thursday, November 5th. November 5th, continuation of the Planning and Zoning meeting of November 3rd. Valerie Kreger reread the above information. Chair Padfield invited the applicant to speak. Mike Ogden stated he needed clarification whether staff wants a road or a driveway. Ms. Kreger stated staff is recommending a roadway to reduce the speed and traffic on Inner Loop. Discussion regarding the road through the property between applicant, commissioners and staff. Chair Padfield continued the public hearing from Tuesday, November 3rd. No one came forward, the Public hearing was closed. Motion by Montgomery to recommend approval of a Comprehensive Plan Amendment changing the Future Land Use Plan from High Density Residential to Employment Center and Mixed-Use Neighborhood Center for 28.27 acres in the Flores Survey, to be known as Gateway Crossing. Second by Lawson. Approved. (4-0) Motion by Cochran to recommend approval of a request for a rezoning from AG, Agriculture District to C-3, General Commercial, C-1, Local Commercial, and IN, Industrial Districts for 28.27 acres in the Flores Survey, to be known as Gateway Crossing, with the condition that Sudduth Lane be one entrance from Inner Loop. Second Lawson. Approved. (4-0) 8. Public Hearing and Possible Action on a Special Use Permit for a bar/private club at City of Georgetown, Block 40, Lot 2 (n/pt), located at 701 Main Street, Suite 200, to be known as Landmark Tavern. (RW) SUP-2009-003 Staff report given by Robbie Wyler. The applicant has requested a Special Use Permit to allow for a bar/private club establishment on the 2nd Floor of the Old Masonic Lodge building. The intent is to convert the currently vacant, former restaurant space of the building into a lounge that will provide live music and drinks to customers. Per the Unified Development Code (UDC) Use Table 5.01.030, Bars and Lounges are allowed in the MUDT District but require approval of a Special Use Permit from City Council. By UDC definition, a bar or lounge is defined as a use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than a Restaurant. Planning & Zoning Commission Minutes / November 3 & November 5, 2009 Page 5 of 5 The leased area consists of two separate rooms, totaling 3,000 square feet, above Amante’s Restaurant. The main bar area is on the west side of the building and is surrounded by the second floor balcony overlooking the Square. It can be accessed by the tavern’s main entrance door off Main Street. The back room is on the east side of the building, separated by the central staircase landing that can be accessed by both the main tavern area and a 7th Street entrance door. The applicant has stated his focus is on the “Baby Boomer” generation and will provide a relaxed and cozy venue with upscale service featuring live acoustic, jazz, blues and other eclectic music appealing to a growing market in the area. Chair Padfield invited the applicant to speak. Chris Damon, owner of the building reviewed the property history and informed of the future use of the building. Joe Dowda, the applicant reviewed his experience with managing bars. He hopes to enhance the downtown are. He also stated smoking will be allowed on the balcony. Chair Padfield opened the public hearing. No one came forward to speak. Chair Padfield stated the public hearing will continue Thursday, November 5th. November 5th, continuation of the Planning and Zoning meeting of November 3rd. Robbie Wyler reread the above information. Chair Padfield invited the applicant to speak. Mr. Damon reviewed the TABC issues and the UDC issues. Chair Padfield continued the public hearing from Tuesday, November 3rd. Ruth Lumpkin, 1309 South College Street stated she owns and operates two businesses here in Georgetown. Ms. Lumpkin stated that she is concerned with the appropriate use of our downtown buildings. Tavern and Bar have the same meaning. Ms. Lumpkin stated that restaurants with a food and beverage certificate can only sell alcohol when their kitchen is selling food. She explained most restaurants in Georgetown who sell alcohol close at 10:00 or 11:00PM. She stated by passing the Special Use Permit will allow the Bar to stay open and to play its music till midnight every night of the week because it does not sell food to the public. Dan Merek, owner of Georgetown Winery on the square stated he is not considered to be a bar but they do sell wine by the glasses and he is concerned with the downtown turning out the same as San Marcus downtown. He also stated that once the bill passes in May he will be applying for a permit to sell beer. Don Adams. 31007 Jasper Court, owner of Sweet Serendipity Inc. located at 710 South Austin stated that since the Loading Dock has been referenced, if you came by their store Saturday morning and, Sunday, you would have to pick up the trash that was left on the sidewalk. . Loading Dock was not a positive business for downtown. He is not criticizing the individual, just informing the commissioners the mess it created. Mr. Adams stated he is opposed to any “bar set up” to be in the downtown Georgetown area. Chair Padfield closed the public hearing. Motion by Montgomery to recommend approval of a request for a Special Use Permit to allow for a bar/private club establishment at City of Georgetown, Block 40, Lot 2 (n/pt), located on the 2nd floor of 701 Main Street, occupying Suites 200 and 210. Second by Lawson. Approved. (4-0) 9. Motion to adjourn at 8:13pm ____________________________ __________________________________ Approved, Don Padfield, Chair Attested, Annette Montgomery, Secretary