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HomeMy WebLinkAboutMinutes_P&Z_01.03.2012 Planning & Zoning Commission Agenda / January 2, 2012 Page 1 of 6 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday January 3, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, Gene Facey, Pat Armour, Sally Pell and John Horne Commissioners in Training: Scott Rankin, Roland Peña and Robert Massad Commissioner(s) Absent: Commissioner(s) in Training Absent: Staff Present: Carla Benton, Planner; Valerie Kreger, Planner; Mike Ellagarger, Planner; Robie Wyler, Planner; David Munk, City Engineer; 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 2. Consideration of the Minutes of the December 6, 2011, meeting of the Planning and Zoning Commission. Motion by Commissioner Horne to approve the consent agenda including the Minutes of the December 6, 2011 meeting of the Planning and Zoning Commission. Second by Commissioner Facey. Approved (7-0) Regular Agenda 3. Public Hearing and possible action on a Comprehensive Plan Amendment to change the future land use designation from Mixed Use Community (MUC) to High-Density Residential (HDR) and Mixed Use Neighborhood Center (MUN) for 59.21 acres in the Low Survey, located on CR 111 west of FM 1460. CPA-2011-003 (Mike Elabarger) Planning & Zoning Commission Agenda / January 2, 2012 Page 2 of 6 4. Public Hearing and possible action on a rezoning of 59.21 acres in the Low Survey, from Agricultural (AG) District to Multifamily (MF) District and Local Commercial (C-1) District, located on CR 111 west of FM 1460. REZ-2011-021 (Mike Elabarger) Staff reports for item #3 and #4 were requested, for presentation purposes to be combined. Staff report by Mike Elabarger. The property was annexed into the City, effective December 31, 2011. At the time of annexation, the property was zoned Agricultural (AG) District. The applicant is requesting to change the future land use designation from its existing Mixed Use Community (MUC) to Mixed Use Neighborhood Center (MUN) and High‐Density Residential (HDR). Additionally, the applicant is requesting to rezone the property from Agricultural (AG) District to the Local Commercial (C-1) and Multifamily (MF) Districts. The re-zoning of the property and approval of the requested Comprehensive Plan Amendments are but the first two steps needing completion prior to the actual development of the property. Prior to any development activity occurring on the property, any future property owner, would need to process and receive approval of :  Necessary Subdivision Plats;  Site Development Permit Application, including stormwater drainage permits  Construction plans;  Building permits for construction; and  Certificate of Occupancy for any new structures and tenants. The proposed amendment – from Mixed Use Community to approximately 30% Mixed Use Neighborhood Center and 70% High Density Residential – is supported by Staff for the following reasons: 1. Recent Approvals - Recently approved future land use changes approved by City Council in the immediate area, supporting a broader mix of High Density Residential, C- 1 Commercial zoning and increased Employment Center designation along Westinghouse Road. 2. Non-binding - Because ultimate development is not assured with any Rezoning (or Compehensive Plan Amendment), there is general support for the inclusion of higher density residential uses as a component of the new mixed-use model of development. 3. Synergy – Should this property develop as proposed by the applicant, it may ultimately work to bolster the Southeast Development Zone area as a live-work-play multifunctional activity center, provided that enough land in the corridor retain the Employment Center future land use designation necessary to produce the employment activity necessary to anchor the proposed residential densities. 4. Appropriate Zoning District – The MF and C-1, in their respective locations, would fulfill the Future Land Use designations being sought by the applicant (High Density Residential and Mixed Use Neighborhood Center, respectively) in CPA-2011-003. Planning & Zoning Commission Agenda / January 2, 2012 Page 3 of 6 Though done in the past, the City no longer approves “conditional” rezonings , and therefore, cannot limit the use of the property to a single defined activity , presented by an applicant. Staff must consider the impact of all the permitted uses in the requested districts (MF and C-1) when evaluating a rezoning request. 5. Utility Impacts: The City’s Water and Wastewater Master Plans are based on the anticipated land uses and land use densities as stipulated in the Future Land Use and Growth Tier Plans. Applicant-driven amendments may require that the City amend these master utility plans, triggering necessary changes to the projected long-term capital improvement costs. Any proposed changes and the financial implications on the City’s budget require close scrutiny, deliberation, and review by Staff, Planning and Zoning Commission (P&Z), and the City Council. This property falls within the Tier 2 designation; any infrastructure improvements necessary to facilitate the development of this property – specifically related to water/wastewater improvements – will likely be built solely at the cost of the developer. Should the City, at some point in the future, decide to assign this area a Tier 1 designation, then the cost of utility infrastructure improvements for this area would likely be shifted to the City’s Capital Improvement Program. The proposed Southeast Development Zone, which includes this property, is intended to be one of the key locations inside the City reserved for economically oriented development (ie, non-residential) land uses in the City’s 2030 Plan. To facilitate the growth of employment type development inside the Southeast Development Zoned, there is the possibility that the City’s 4-A and 4-B Economic Boards may determine that some developer funded infrastructure improvements for the Southeast Development Zone area are eligible for some level of financial reimbursements. Tradionally, these type of financial incentives are limited to developments that create full-time, permanent jobs 1, and other eligible kinds of economic development. Multifamily housing, resulting from the proposed HDR land use (and accompanying Multifamily zoning district) would thus not be eligible for infrastructure reimbursements. The applicant is aware of this fact and has chosen to seek a residential zoning component for the property. However, other uses allowed by-right in the C-1 zoning district may or may not be eligible for future infrastructure reimbursement incentives. The Local Commercial District, C-1, is intended to provide areas for commercial and retail activities that primarily serve residential areas, with pedestrian access to the nearby residential areas, but location should be along major and minor thoroughfares and corridors, and not on residential streets or collectors. Typical uses would include townhouse/multifamily dwellings and group living situations, institutional uses, restaurants, hotels, and retail sales. In order of intensity, the C-1 District is the middle of the three Commercial districts (between CN, Neighborhood Commercial and C-3, General Planning & Zoning Commission Agenda / January 2, 2012 Page 4 of 6 Commercial). The Multifamily District, MF, is intended for Multifamily residential development, such as apartments, townhouses, and associated uses. This District is appropriate in areas designated on the Future Land Use Plan for higher density and mixed-use and may be located along major thoroughfares, and adjacent to both Residential and Non-Residential Districts. Chair Brashear invited the applicant to speak. Erin Welch, Land Strategies gave a presentation including aerials showing a heavily tree area and ponds, which shall serve as a 150-250 foot buffer to the Teravista neighborhood. Ms. Welch cites the City’s approval last year of similar requests for the nearby Windmill Hill and Bourne projects and feels C1 Commercial and MF Multi-family is an equally good classification for this property. Ms. Welch stated she was open to questions. Commissioners asked if the buffered area addressed by the applicant can be zoned as AG Agriculture. Staff stated that without a request from the applicant requesting AG zoning along the south and east perimeter of the property, the Commission does not have the authority to place a “condition” on the Rezoning of the property. The buffered area would have to be zoned as open space, but only if the applicant requests the property to be zoned as open space. Staff stated that given the language of the public notice requirements already posted, any deviation from the applicant’s request not generated by the applicant would need to be reposted. Staff did agree the applicant could postpone tonight’s decision and adjust the zoned area and include field notes showing the buffer area to be voted on during the next meeting. Chair Brashear opened the Public Hearing. Dawn Dillard, 4627 Monterosa stated she is here representing the Teravista neighborhood and has a signed petition from 64 neighbors who oppose to the proposed development. Ms. Dillard also stated they are not only concerned with the buffer, but also the noise, traffic, crime and the likelihood that apartments being built on the property would inevitably lead to the devaluing of the adjoining Teravista properties. Mike Newton, 4625 Monterosa thanked the Commissioners for taking the time to listen to their concerns. He stated the map that is being shown by Ms. Welch is two years old and would feel better if a more current picture showing current homes on the lots. He also stated he opposes apartments being built in the development. He appreciates progress and understands Georgetown is looking for what serves their citizens. Mr. Newton stated he would like some guarantee there will not be access to his neighborhood. He is concerned with apartments Planning & Zoning Commission Agenda / January 2, 2012 Page 5 of 6 being close to his neighborhood that renters are able to look down into the home owner’s property in Teravista. Janet Litten, 1902 Colony Glen Lane, explained other expansion being made by Teravista and is concerned with school children crossing a busy street. She would also like to see a buffer added. Chair Brashear closed public hearing Erin Welch, Land Strategies explained that apartments are not the only development allowed in a multi-family zoning. Staff stated State codes require notifications be mailed to Georgetown residents who currently live 200 feet from the adjacent property. Staff extended the notification list to include Teravista which is generated from the Williamson Central Appraisal District records. Staff was asked and answered that the existence of the petition submitted by the residents would change the number of votes needed to approve the application to a majority plus one, if the petition was signed by residents within the city limits. Given the neighbors are not residents of the City, a simple majority is required to approve the application. Motion by Commissioner Facey to recommend to the City Council approval of the Comprehensive Plan Amendment for 59.21 acres in the Low Survey, from Mixed Use Community (MUC) to High‐Density Residential (HDR) and Mixed Use Neighborhood Center (MUN). Second by Commissioner Armour Approved (7-0) Discussion was held by the Commission regarding the rezoning request and allowing the applicant time to revise, amend and send the request back to Staff. The applicant then requested the rezoning application be postponed to the February 7, 2012 Planning and Zoning Meeting. Motion by Commissioner Facey to table the Rezoning for 59.21 acres in the Low Survey, from Agricultural (AG) District to Multifamily (MF) District and Local Commercial (C-1) District until the February 7, 2012 Planning and Zoning meeting. Second by Commissioner Pell. Approved. (7-0) 5. Public Hearing and possible action on a rezoning of 0.126 acres at Glasscock Addition, Block 5, Lots 5 (w/pt) & 6 (sw/pt) from Multifamily (MF) District to Mixed-Use Downtown (MU-DT) District, located at 415 W. 10th Street. REZ-2011-024 (Robbie Wyler) Planning & Zoning Commission Agenda / January 2, 2012 Page 6 of 6 Staff report by Robbie Wyler. The applicant has requested to rezone the 0.126 - acre lot at the northeast corner of MLK and 10th Streets from MF to MU-DT, with the intention of redeveloping the property into a single-family residence. David Voelter representing the applicant briefly explained the applicant’s request and stated he will be glad to answer questions. Chair Brashear Opened the Public Hearing. No one came forward, the Public Hearing was closed. Motion by Commissioner Montgomery to recommend to the City Council approval of the Rezoning for 415 W. 10th Street from MF, Multifamily District, to MU-DT, Mixed-Use Downtown District. Second by Commissioner Horne. Approved. (7-0) 6. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Annette Montgomery) There was not a meeting. 7. Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. Questions were asked and addressed by Chair Brashear. 8. Reminder of the February 7, 2012, Planning and Zoning Commission meeting. 9. Adjourn 7:06pm _____________________________________ __________________________________ Ercel Brashear, Chair Annette Montgomery, Secretary