HomeMy WebLinkAboutMinutes_P&Z_04.06.2010
Planning & Zoning Commission Minutes Page 1 of 4
April 6, 2010
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, April 6, 2010 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery,
Secretary; Pat Armour, Gregory A. Austin, Brandon Collier and Gene
Facey
Commissioner(s) Absent: none
Commissioners in Training: Ercel Brashear and Sally Pell
Commissioner(s) in Training Absent: none
Staff Present: Elizabeth Cook, Community Development Director; Valerie Kreger, Principal
Planner; David Munk, Development Engineer; Jordan Maddox, Planner; Carla Benton; Planner;
Candice McDonald, Planning Specialist; Mark Sokolow, City Attorney and Karen Frost,
Recording Secretary.
Chair Padfield called the meeting to order at 6:04 p.m. and led the Pledge of Allegiance.
Chair Padfield held a moment of silence in honor of Stephanie McNickle’s husband, David, who
passed away the week before.
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.
2. Consideration of the Minutes of the March 2, 2010 meeting of the Planning and Zoning
Commission.
3. Consideration and Possible Action on a Preliminary Plat for 4.027 acres in the Stubblefield
Survey, to be known as Sundance Plaza, located 3600 E. University (the southwest intersection
of SH 130 and E. University). (JM) PP-2010-001
Planning & Zoning Commission Minutes Page 2 of 4
April 6, 2010
Motion by Facey to approve the Consent agenda including the March 2, 2010 minutes as
corrected. Second by Montgomery. Approved 7 – 0.
Regular Agenda
4. Waiver request to use the setback standards as established in the Unified Development
Code for Country Club Acres, Unit IV, Block 2, Lot 4, located at 1200 Power Road. (CB)
WAV-2010-001
Carla Benton presented the staff report. The applicant has requested approval of a waiver in
order to utilize the setbacks of the UDC instead of the more restrictive platted setbacks to
facilitate construction of additional living space and a utility/ work space/ garage. The
property was platted with a 25-foot setback only along street frontages.
Benton reported the current UDC regulation requires a 20-foot front setback along Power
Road, a 10-foot side street setback along Gabriel View Drive, a 10-foot rear setback and a 6-
foot side property line setback. Additionally, as required by Section 6.05.020.B.4.b the
applicant is proposing to locate the proposed utility/ work space/ garage portion of the
development twenty (20) feet from the side street. Staff recommends approval of the waiver
based on the lack of sufficient consistency within the subdivision to raise concern of
dissimilar development. And in administering the UDC, the granting of the waiver will not
substantially conflict with the Comprehensive Plan and the purposes of the UDC.
Commissioners questioned the drainage of the area and the approval of a second driveway.
Benton responded the Development Engineer has reviewed this property and is in favor of
the recommendation.
Motion by Facey to approve a waiver, pursuant to Section 1.03C of the UDC, to allow
utilization of the less restrictive UDC setbacks for Country Club Acres, Unit IV, Block 2,
Lot 4, located at 1200 Power Road. Second by Collier. Approved 7 – 0.
5. Public Hearing and possible action on a Final Plat of a Resubdivision of University Park,
Section One, Block A, Lots 10, 11, 12, 13 & 14, with waivers requested to the lot width and
lot size, located at 1403-1411 Bergin Court. (CB) FP-2010-003
Benton presented the staff report. This Final Plat is a resubdivision of five residential
duplex lots to create ten residential single family attached lots with waivers requested to the
lot width for cul-de-sac lots, existing developed lots and lot size for existing developed lots.
In order to respond to current market needs the applicant is requesting to change the
condominium style duplex development to individual ownership of each dwelling unit.
While the lots met the duplex standards at the time of their platting in 1970, in order to meet
the single-family attached standard of the UDC waivers are being requested to Secion
6.03.060.C.2.d. for minimum lot width of 45 feet and Section 6.05.010.B for minimum lot
width on a cul-de-sac of 30 feet at the property line or setback. Staff supports the Final Plat
and Waiver request.
Planning & Zoning Commission Minutes Page 3 of 4
April 6, 2010
Chair Padfield asked the applicant to come forward for introduction. Lewis Aven was in
attendance. Stating he lives at 5012 Finley in Austin. He stated he was merely trying to take
the three existing duplex dwellings and convert those from condominium type interests to
fee simple interests and then developing the two vacant platted duplex lots to the same type
of residential single family attached lots.
Chair Padfield opened the Public Hearing at 6:22 p.m.
Patricia Sanderson, resident of Round Rock and owner of 1406 A and B Bergin Court offered
concerns about the commission giving waivers on houses that were already built. She did
not have a complaint, only questions about the process.
Chair Padfield closed the Public Hearing at 6:27 p.m. as there were no other speakers.
Motion by Chair Padfield to recommend approval of the Final Plat of the Resubdivision
of University Park, Section One, Block A, Lots 10-14, with waivers to lot width and size as
described in the staff report. Second by Facey. Approved 7 – 0.
6. Public Hearing and possible action on the Fourth Round of 2008-2009 Unified Development
Code Amendments.
Elizabeth Cook conducted a summary of the proposed changes to the UDC, explaining that
this was the fourth round in several months’ worth of discussions and meetings. Valerie
Kreger presented handouts to the Commission of the items that had been changed since the
Commissioners received the detailed items on disk the previous week. Jordan Maddox
provided video support and projected the summary items on the overhead screens.
Cook explained the proposed changes by chapter, answering questions of the Commission
as asked. Padfield requested that staff try to make the fees discussed in Chapter 2 sound
more positive. There was also discussion of the definition of a License to Encroach. There
was also discussion that the Commission’s responsibility could change from
recommendation to approval of subdivision items including Preliminary Plats and Plat
Waivers, thereby shortening the review time for subdivisions. The Zoning Board of
Adjustment (ZBA) would be reviewing Master Sign Plan applications instead of P&Z.
Chapter 3 will also be more specific about the appeals processes.
Chapter 5 is being replaced, combining the Use Categories from Chapter 16 with the uses
existing in the existing Chapter 5. Chapter 6 changes are mainly for clarification. Chapter 7
changes were made to address changes in Chapter 5 and to address limited uses in CN and
C1, accommodating possible uses of churches, schools, nursing homes, etc. with less
restrictions than currently available.
Cook explained the option in Chapter 14 that staff is requesting direction on. There is a
major change proposed from the existing ordinance, which today does not allow a building
housing a nonconforming use to be rebuilt if it is destroyed by 50% or more of its value. As
proposed in Section 14.02.060, two options were presented for the Commissions
consideration that would allow structures housing nonconforming uses to be rebuilt if
Planning & Zoning Commission Minutes Page 4 of 4
April 6, 2010
destroyed by more than 50%. Option 1 allows the structure to be rebuilt with approval of a
Special Exception and the second option allows reconstruction without any approval
restrictions. Padfield requested that the definition of a Special Exception be included in
Chapter 16. Cook responded that Kreger was attempting to put as many definitions as
possible in the new Chapter 16, and would include application types when possible.
Chapter 16 was still being “cleaned-up”.
Padfield opened the Public Hearing at 7:32 p.m. and as there were no public speakers,
closed the Public Hearing at 7:32 p.m.
Motion by Facey to recommend to City Council approval of the amendments presented to
the Commission of the Unified Development Code, including Section 14.02.060 Option 1,
that being the public input or the exception granted by the ZBA. Further, the staff
continues to edit Chapter 15 with the City Attorney and that the staff also continues to
make minor edits as needed to the document that was presented to the Commission.
Second by Porter Cochran. Motion approved, 7 – 0.
7. Reminder of the May 4, 2010, Planning and Zoning Commission meeting.
8. Adjourn. Chair Padfield adjourned the meeting at 7:42 p.m.
_______________________________ __________________________________
Approved, Don Padfield, Chair Attested, Annette Montgomery,
Secretary