Loading...
HomeMy WebLinkAboutMinutes_P&Z_06.07.2011 Planning & Zoning Commission Agenda / June 7, 2011 Page 1 of 9 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, June 7, 2011 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Annette Montgomery, Secretary; Gene Facey, Pat Armour, Sally Pell and John Horne Commissioners in Training: Scott Rankin, Roland Peña and Robert Massad Commissioner(s) Absent: Porter Cochran, Vice-chair Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Valerie Kreger, Principal Planner; Mike Elabarger, Planner; David Munk, City Engineer; Bridget Chapman, Acting City Attorney and Stephanie McNickle, Recording Secretary. Chair Brashear called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Brashear 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 May 3, 2011, meeting of the Planning and Zoning Commission. 3. Consideration and possible action on a combined Preliminary/Final Plat for 18.17 acres out of the Nicholas Porter Survey, to be known as Two Rivers Subdivision, a multifamily development, located at 103 Austin Avenue. PFP-2011-001 – CB 4. Consideration and possible action on a combined Preliminary/Final Plat for 4.88 acres out of the C. Joyner Survey, to be known as Estates of Westlake Enclave, a single family residential development, located on San Marino Trail west of Marquesa Trail. PFP-2011-002 – CB Motion by Facey to approve the Consent agenda including the May 3, 2011 minutes as corrected. Second by Pell. Approved. (6-0) Planning & Zoning Commission Agenda / June 7, 2011 Page 2 of 9 Regular Agenda Chair Brashear notified the members that he had filed a conflict of interest affidavit with the City Secretary for Item #5 and #7 and recused himself from discussion of these agenda items. At this time, Commissioner Facey took over the meeting. 5 Public Hearing and possible action on a Rezoning to Amend Village Park, Planned Unit Development (PUD), Lot 8, to add specific allowed uses, located at 1960, 1966, and 1968 S. Austin Ave. REZ-2011-006 – CB Staff report by Carla Benton. Staff provided list of proposed uses, circumstances that have changed regarding this lot and analysis of surrounding impacts. Staff is in support for this request. Also includes the resolution from the Georgetown Housing Authority in support of the changes. Commissioner Facey invited the applicant to speak. Applicant was not present. Commissioner Facey opened the Public Hearing. No one came forward, the Public Hearing was closed. Motion by Montgomery to Recommend to the City Council approval of the Rezoning to Amend the PUD for Village Park, Lot 8, to include the proposed uses, located at 1960, 1966, and 1968 S. Austin Ave. Second by Horne. Approved. (5-0) 7 Public Hearing and possible action on a Rezoning from Agriculture (AG) District to Public Facility (PF) District for 14.6 acres out of the W. Roberts Survey, located at 401 Bellaire Drive, to be known as Georgetown ISD - McCoy Elementary School. REZ-2011-007 – CB Staff report by Carla Benton. The Future Land Use Plan for this area is a Moderate Density Residential which includes educational or civic uses. The Georgetown Village Concept Plan identifies a second school site as part of their plan. The proposed Public Facility Zoning District also includes educational uses. The City Development Engineer has taken into consideration the heavy traffic volume for this development and the surrounding road systems. Design standards ensure more compatibility with the residential neighborhoods. Staff is supportive of this application because of the compatibility of the proposed development with the City and Concept Plan standards. Chair Facey invited the applicant to speak. David Biesheusvel, GISD, advised that this development will be a true community with kids walking to school and riding their bikes. Commissioner Facey opened the Public Hearing. No one came forward, the Public Hearing was closed. Motion by Armour to recommend to the City Council approval of the Rezoning from Agriculture (AG) District to Public Facility (PF) District for 14.6 acres out of the W. Roberts Survey, to be known as Georgetown ISD - McCoy Elementary School. Second by Horne. Approved. (5-0) At this time Chair Brashear returned to the dais. 6 Public Hearing and possible action on a Rezoning from Residential Single-Family (RS) District to Neighborhood Commercial (CN) District for Country Club Estates, Block 4, Lots 4 – 6, located at 1302 Williams Drive. REZ-2011-008 – ME Staff report by Mike Elabarger. The applicant has requested to rezone the property from the Residential Single-Family (RS) District, to the Neighborhood Commercial (CN) District. Their intention is to establish a Georgetown retail presence of their established floor covering Planning & Zoning Commission Agenda / June 7, 2011 Page 3 of 9 business. If the applicant, or other future property owner, should seek to establish a use that is permitted within the proposed CN district, the property owner will need to submit a Site Plan application indicating how the property (existing structure or new construction) will meet the applicable standards for non-residential use. Commissioner asked about the trees in the back yard. Staff stated it will be reviewed once a site plan is submitted. Chair Brashear invited the applicant to speak. JoElla Broussard stated they have a business in Austin and would like to place a design center at the location. She also stated she has owned this property for several years and enjoys the trees in the backyard. Chair Brashear opened the Public Hearing. No one came forward to speak, the Public Hearing was closed. Motion by Facey to recommend to the City Council approval of the Rezoning for 1302 Williams Drive from Residential Single-Family (RS) District to Neighborhood Commercial (CN) District. Second by Montgomery. Approved. (6-0) 8. Public Hearing and possible action on a Rezoning from Residential Single-Family (RS) District to Office (OF) District for San Gabriel Heights, Section 1, Block B, Lots 1 – 8, located at 1200 – 1214 Leander Road. REZ-2011-010 – ME Staff report by Mike Elabarger. The applicant has requested to rezone these eight (8) properties from Residential Single-Family (RS) District to Office (OF) District. The applicant’s stated intention is to combine these eight properties via an amending Final Plat, and then sell that single lot with Office zoning for future development by a future owner. The properties average approximately ¼ acre in size, with an average depth of approximately 135 feet. All eight properties back up to similarly sized residential properties. The subject site is completely surrounded by development that dates back many decades. The properties are part of Section 1 of the San Gabriel Heights residential subdivision, which extends northward from Leander Road to the South Fork of the San Gabriel River. To the east is a large apartment complex, to the south an existing strip commercial center, and to the west, single- family residential homes. Though done in the past, the City no longer considers or approves “conditional” rezonings of properties, and therefore, cannot rezone the property for only the specific use, or for the concept plan, as presented by the applicant. Staff must consider the impact of all the permitted uses in the requested district (OF) when evaluating a rezoning request as well as all site development possibilities. Despite the fact that there may be some permitted specific uses allowed with this rezoning that staff would not recommend for this property, and the ultimate size of these eight parcels together (approximately two and a half acres), and the long and narrow nature of it, many of the more intense uses allowed in this district would likely be precluded. Staff is generally supportive of such a project, should it come to fruition, as it would be a better use of these properties, and an improvement for the City. Staff will approve OF use only if applicant replats 8 lots to one lot. Second reading will concur with the final plat. There are no commitments for this lot. The applicant is not going to develop it. Chair Brashear invited the applicant to speak. David Harris represents the applicant. He will have the final plat turned in by June 16th. Physical limitation is very tricky, but will be able to meet the OF requirements. Planning & Zoning Commission Agenda / June 7, 2011 Page 4 of 9 Chair Brashear opened the Public Hearing. Larry Simpson. 404 San Gabriel Blvd stated he has lived at his address since 1978 and would like to see a conceptual plan and ask if a neighborhood buffer was in the plans, the number of entrances and what is the percentage of the impervious coverage. He also asks if the buildings anticipated will be a single or two story. Michael Murry, 306 River Down Rd feels the traffic will increase. Ruth Nelson, 114 Oakland Dr. stated she moved to the area to raise her family and feels the area has grown along with the traffic. She stated her grandson was hit by a dump truck on Leander Rd. and does not want it to happen again. Paul Archuleta, 103 San Gabriel, Alanda Lewis, 105 Shady Oaks and Karen Droves, 103 Oakland state commercial properties would increase traffic. Sue Brushaber 102 Oakland Drive, feels a commercial property will affect all the neighbors and asks the applicant to please consider not rezoning and just fix up the duplexes. Chair Brashear closed the Public Hearing. Chair Brashear asked the applicant to respond. David Harris responded that the applicant does not know what a future developer will want to build. They are aware of the traffic and will be required to do a Traffic Impact Analysis study in the future. Motion by Facey to recommend to the City Council denial of the Rezoning for 1200 – 1214 Leander Road from RS, Residential Single-Family District, to OF, Office District. Second by Pell. Approved. (6-0) 9. Public Hearing and possible action on a Rezoning from Residential Single-Family (RS) District to Office (OF) District for 0.358 acres in the Glasscock Addition, Block 25, Lots 2 (pt), 3 & 4, located at 409 E. University Avenue. REZ-2011-009 – RW Staff report by Robbie Wyler. The applicant has requested to rezone the 0.358 - acre lot along University Avenue from RS to OF, with the intention of preserving the historic house on the lot and changing the use from residential to office. The applicant states they have been actively trying to sell the structure for over five years with an original intent of moving out of the house and into a smaller residence in Old Town. A career move resulted in the applicant relocating out of state and the house being put on the market. They state that there have been a reasonable number of viewings, but none have resulted in offers for purchase. They stated reasons for buyer rejects of this property as residential uses are its location adjacent to the school and church and the traffic on University Avenue. Among the buyers who have toured the house, there has been interest in its use as an office. The applicant is aware that once rezoned to OF, any changes to the building and site will require approval from HARC. Unified Development Code (UDC) Section 3.13.B.3 states that a Certificate of Design Compliance is required for residential, commercial, or vacant properties used as or changing to commercial uses within the Old Town Overlay District. This adds further protection to the historic structure and ensures the site will remain compliant in appearance to Old Town, even when on-site parking and landscaping requirements by the City are incorporated. Staff supports the zoning change from RS to OF. 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. As stated in the 2030 Plan, the Moderate Density Residential land use category may support non-residential Planning & Zoning Commission Agenda / June 7, 2011 Page 5 of 9 uses along major roads if the use is compatible with the adjacent residential uses. Several Old Town and Downtown properties, especially along University Avenue, have been converted from residential to non-residential and are being used for small-scale office and personal service uses. Many of those properties have maintained the residential appearance as required by the Design Guidelines. To ensure compatibility with the historic neighborhood, any exterior changes to the property or structure will require a public hearing and approval from HARC if it is rezoned. Additionally, the subject property is located along University Avenue, one of the City’s busiest streets with the highly commercialized Downtown district to the west and a pocket of commercial use to the east. Due to the size of the historic home and lot, only a small-scale non-residential use that would primarily serve the neighborhood could be permitted. By retaining the home’s residential appearance, the property will serve as a gateway and transitional property to Downtown Georgetown from the east. Lastly, Staff wants to emphasize that on-site parking and landscaping can be removed should someone wish to take the property back to a residential use, which would require rezoning back to residential. Site changes do not alter the historic character of the house, the most important historic element on the property. Site features can be taken back to original residential conditions, which is a major provision in historic preservation. Chair Brashear invited the applicant to speak. Jim Babcock stated he and his wife bought the house in 1993. They spent time and money to bring the property back to its historical state. Conversion from residential to office is consistent with the development code. He believes their application is justified and will be glad to answer questions. Chair Brashear opened the Public Hearing. Gail McAdoo appreciates the applicant for restoring the home; however, she opposes the rezone and feels Old Town needs to be preserved as much as possible. There is not a need for more office space in the area. Traffic issues are a concern with the school and the church. She feels if everyone turns their old home into an office there will not be any old home left. Chair Brashear closed the Public Hearing and asked the applicant to respond. Babcock responded that he does not know if it will sell as an office, but the interest will increase. He also informed the Commissioners the frontage along University is not as quiet as it use to be. The Public Hearing was closed. Motion by Facey to recommend to the City Council denial of the Rezoning for 409 E. University Avenue from RS, Residential Single-Family District, to OF, Office District. Second by Pell. Approved (5-1) Brashear Opposed. Chair Brashear requested that Items #10 & #11 be presented as one item with the understanding that each will be acted on as separate items. 10. Public Hearing and possible action on a Comprehensive Plan Amendment to change the future land use designation from High-Density Residential (HDR) to Employment Center and High-Density Residential for 94.056 acres in the Hudson and Patterson Surveys, located at 1201 CR 111 (Westinghouse Road, east of IH-35), also known as Windmill Hill. CPA-2010-002 11. Public Hearing and possible action on a Rezoning from Planned Unit Development (PUD) to Business Park (BP) , Local Commercial (C-1), and Multi-Family (MF) for 94.056 acres in the Hudson and Patterson Surveys, located at 1201 CR 111 (Westinghouse Road, east of IH-35), Planning & Zoning Commission Agenda / June 7, 2011 Page 6 of 9 also known as Windmill Hill. REZ-2010-010 – ME Staff report by Mike Elabarger. The applicant requests a Comprehensive Plan Amendment to amend the Future Land Use Plan by changing the future land use designation from the High-Density Residential category to the Employment Center and High Density Residential categories. This property is also the subject of another concurrent application submitted by the applicant, a request to Rezone the property from Planned Unit Development (PUD) District to a combination of Business Park (BP, approx. 56 acres), Local Commercial (C-1, approx. 16 acres), and Multi-Family (MF, approx. 22 acres). The subject property is currently 100% designated the High-Density Residential future land use category, which is consistent with the approved Planned Unit Development (PUD) that allowed for the development of up to 840 total housing units, at least half of which were to be multi-family units. The applicant seeks to change this land use designation to approximately 72 acres of Employment Center (EC) category and approximately 22 acres of High-Density Residential (HDR). The property is currently zoned PUD (Planned Unit Development), with a rezoning approved in March of 2007. That rezoning – which was conditional, with specific limitations and commitments - had a base district of Multi-Family (MF) and a ‘Development Plan’. It has as its’ focus a central park, and was to offer a variety of residential housing types, with a maximum of 840 total units.The rezoning request accompanying this Comprehensive Plan Amendment is not proposing a Planned Unit Development, but rather a straight mix of districts – approximately 56 acres of Business Park, 16 acres of Local Commercial, and 22 acres of Multi-Family. Staff supports the Comprehensive Plan Amendment Future Land Use to change approximately 80% of the property from the High Density Residential (HDR) category to the Employment Center (EC) category, based on the goals and policies of the Land Use Element, which emphasizes the creation of non-residential land uses that can create and maintain quality job opportunities for City residents. The entire Southeast Development Zone (SEDZ) near IH-35 and centered on Westinghouse Road is envisioned as a key area for the future growth of self-sufficient business parks and intense non-residential development, and to become a high-quality, multi-dimensional business community. Being in the Tier 1 Growth Area, the transportation and utility systems are planned to be able to support the changes proposed to both the future land use and the proposed zoning districts Chair Brashear invited the applicant to speak. Paul Linehan, Land Strategies, gave a power point presentation and stated this development will be a good plan for the future. Mr. Linehan stated a tract like this may take 10-15 years to develop and will be happy to answer any questions. Chair Brashear opened the Public Hearing for both items. No one came forward to speak, the Public Hearing was closed. Motion by Montgomery to recommend to the City Council approval of the Comprehensive Plan Amendment for 1201 CR 111 from High Density Residential to Employment Center and High Density Residential. Second by Facey. Approved. (6-0) Motion by Facey to recommend to the City Council approval of the Rezoning for 1201 CR 111 from PUD to BP, C-1, and MF, if the companion Comprehensive Plan Amendment is recommended for approval. Second by Armour. Approved. (6-0) Planning & Zoning Commission Agenda / June 7, 2011 Page 7 of 9 Chair Brashear requested that Items #12 & #13 be presented as one item with the understanding that each will be acted on as separate items. 12. Public Hearing and possible action on a Comprehensive Plan Amendment to change the future land use designation from Employment Center (EC) to Employment Center (EC) and High-Density Residential (HDR) for 182.762 acres in the BC Low Survey, located on the south side of CR 111 and east of IH-35, also known as the Bourn Tract. CPA-2011-002 – ME 13. Public Hearing and possible action on a Rezoning from Agriculture (AG) to Business Park (BP), Local Commercial (C-1), and Multi-Family (MF) for 182.762 acres in the BC Low Survey, located on the south side of CR 111 and east of IH-35, also known as the Bourn Tract. REZ- 2011-003 – ME Staff report by Mike Elabarger. The applicant has requested an amendment to the Future Land Use Plan by changing a portion (approximately 21%) of this tract from Employment Center to High Density Residential. This land use change is accompanied by a voluntary annexation request (set for approval by the City Council on June 28, 2011) and a zoning request for Business Park (BP), Local Commercial (C-1), and Multi-family (MF). Through the review of this application, Staff and the applicant came to agreement on the amount and location of the two categories presented herein, which is the basis for support of this application. However, because the zoning districts proposed in the accompanying rezoning (REZ-2011-003) do not fully support these proposed land uses, In regards to the Rezone, the applicant has requested to rezone the 183+/- acre property from AG (Agricultural) - the default zoning district upon annexation – to 99.90 acres BP, 45.25 acres C-1, and 38.00 acres MF. The applicant has also requested an amendment to the Future Land Use Plan by changing a portion (approximately 21%) of this tract from Employment Center to High Density Residential (to support and coincide with the MF district). This rezoning (and accompanying land use change) is preceded by a voluntary annexation request (set for final consideration by the City Council on June 28, 2011). Staff reviewed and analyzed this application and the accompanying future land use category request. Staff is not supportive of the overall amount of local commercial (C-1) being proposed (45 acres, 25%) which, after combined with the Multi-family zoning district (38 acres / 21%), leaves just over half of this site for the Business Park District. The BP District is the proper zoning for the property with its current and proposed land use, as it expressly fulfills the Employment Center land use designation and offers the flexibility that the applicant desires. Throughout the review, Staff has been supportive of the segment of C-1 (proposed at ~21 acres, or 11% of the site) along Westinghouse Road (CR 111) in the approximate location shown on Exhibit 5, and of C-1 as a percentage of the whole site totaling approximately 15% maximum. However, staff has been clear throughout that additional C-1 commercial zoning, which allows both retail and residential uses, subtracts from the intent of the employment development - specifically with how it is configured and its precise location. Therefore, the ~22 acre portion of proposed C-1 in the center of the property, adjacent to the proposed (38-acre) Multi-family District, cannot be supported by staff. The applicant has stated that “we have maintained C-1 zoning adjacent the MF zoning district, in order to provide greater flexibility of land uses in that district.” Besides the additional potential of retail and other uses allowed, the C-1 district would allow by-right – which the City would not be in support of – multi-family style residential uses, which the applicant has indicated in the past that the property owner would like to develop. Planning & Zoning Commission Agenda / June 7, 2011 Page 8 of 9 This is supported by the 2009 applications that included low density age-restricted cottage- style residences. The applicant’s initial submission of this application included 60 acres of Multi-Family zoning in this very geographic location, before changing it to 38 acres of MF and 22 acres of C-1 thus creating the appearance that their intention is to develop Multi- Family uses in the ~22 acre C-1 district. After coming to agreement on designating 38 acres as high density (multi-family) residential, in an area that the City would prefer remain non- residential, allowing a zoning district adjacent to the residential district that could allow more residential would compromise the Employment Center land use category. Due to the amount and location of a portion of the C-1 District as described above, and its lack of support for the Employment Center land use, Staff is recommending denial of the application. Staff is not supportive of the proposed rezoning for the following reasons: 1. The amount of C-1, Local Commercial, requested is too high, and is not supported by the Planned Land Use designation of Employment Center, which views commercial uses as being subservient to the primary uses of offices or flex-industrial spaces. 2. The possibility that the applicant could develop residential on the 22 acre portion of C-1 zoning in the center of the property. 3. The BP district allows many supporting retail options (ie, flexibility) that negates the need for the C-1 district to the extent it’s being proposed. 4. The desire to maintain as large of a contiguous site as possible that is planned and zoned for key employment uses. Such tracts are increasingly hard to find, as they are often divided up into mixed use/residential developments, much like the applicant seeks to do with this property. Should the market not produce the demand for such planned and zoned land, the property owner could request and the City consider the appropriateness of, a zoning change at a later date. 5. The property has neither water or wastewater utilities, nor the schedule of utilities in the near future. 6. It may be pre-mature to consider approving zoning districts based on a changed future land use pattern, prior to finalization of the City’s Southeast Development Zone Study, particularly when the property owner does not have a specific development plan under review. The applicant, and Staff, at several points during the submission and review of this application, conferred with Mark Thomas of the City’s Department of Economic Development. Throughout, Mr. Thomas has supported the general efforts to plan and zone this property for economic development purposes. Confirming what Planning Staff has maintained to the applicant, and expressed in this report, is that an over-abundance of commercial or residential uses will marginalize the efforts to date of making this the City’s premier employment hub of the future. Chair Brashear invited the applicant to speak. Paul Linehan, Land Strategies, gave a power point presentation. He disagrees with staff and feels he has given most of what staff requested and feels the 15 acres he is requesting not to be rezoned as office out of 182 acres is minor request and asks the P&Z Commissioners to approve his application. Chair Brashear opened the Public Hearing. Henry B. Mays, Jr., Austin, agrees with the applicant and hopes the Commissioners vote in Planning & Zoning Commission Agenda / June 7, 2011 Page 9 of 9 favor of this development. Joe Simmons, 3311 River Road, supports the application and feels rezoning another 15 acres to Office is not practical. Chair Brashear closed the Public Hearing. Motion by Facey to recommend approval to the City Council of a request to change the future land use of a 38-acre portion of 183.15 acres of the B.C. Low Survey from Employment Center to High Density Residential, on the contingency that the property is annexed into the City. Second by Pell. Approved. (6-0) Motion by Facey to recommend denial to the City Council of the Rezoning for 183.15 acres of the B.C. Low Survey from Agricultural District (AG) to Business Park (BP), Local Commercial (C-1), and Multi-family (MF) as requested. There was not a second. Motion failed. Motion by Montgomery to recommend approval to the City Council of the Rezoning for 183.15 acres of the B.C. Low Survey from Agricultural District (AG) to Business Park (BP), Local Commercial (C-1), and Multi-family (MF) as requested. Second by Pell. Approved. (5-1) Facey Opposed. 14. Consideration and possible action to amend the Planning and Zoning Commission Bylaws. Bridget Chapman reviewed over the amended bylaws and asked for approval from the Planning and Zoning Commissioners. Motion by Facey to recommend approval of the amended Planning and Zoning Bylaws, Second by Pell Approved. (6-0) 15. Update on the Georgetown Transportation Advisory Board (GTAB) Meeting of May 13, 2011. Chair Brashear reviewed transportation issues from the GTAB meeting. 16. Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. No question or comments from Commissioners-in-Training. 17. Reminder of the July 5, 2011, Planning and Zoning Commission meeting. 18. Adjourn. Motion to adjourn at 9:10pm _____________________________ _____________________________________ Approved, Ercel Brashear, Chair Attested, Annette Montgomery, Secretary Certificate of Posting I, Jessica Brettle, 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 __________________, 2011, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. ____________________________________ Jessica Brettle, City Secretary