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Planning & Zoning Commission Agenda / March 6, 2012 Page 1 of 7
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, March 06, 2012 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, John Horne
and Roland Peña.
Commissioners in Training: Scott Rankin
Commissioner(s) Absent: Sally Pell and Robert Massad
Commissioner(s) in Training Absent:
Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Mike
Elabarger, Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie
McNickle, Recording Secretary.
Regular Session - To begin no earlier than 6:00 p.m.
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.
(In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas
Codes, Annotated, the Commission may, at any time, recess the Regular Session to convene an
Executive Session at the request of the Chair, a Commissioner, the Director or legal counsel. Any
items discussed in Executive Session may be subject to action in the regular session.)
1. Action from Executive Session. There was not an executive session.
2. Election of Vice-chair and Secretary for the 2012-2013 Planning and Zoning Commission.
Motion by Commissioner Horne to nominate Porter Cochran to serve as Vice-chair for 2012-
2013 Planning and Zoning Commission. Second by Commissioner Montgomery. Approved
(5-0)
Motion by Commissioner Cochran to nominate Annette Montgomery to serve as Secretary
for 2012-2013 Planning and Zoning Commission. Second by Commissioner Pena. Approved
(5-0)
3. Consideration of the Minutes of the February 7, 2012, meeting of the Planning and Zoning
Commission as amended.
Motion by Commissioner Facey to approve the consent agenda including the Minutes as
amended of the February 7, 2012 meeting of the Planning and Zoning Commission. Second
by Commissioner Armour. Approved (5-0)
Planning & Zoning Commission Agenda / March 6, 2012 Page 2 of 7
4. Public Hearing and possible action on a Rezoning to remove a previous ordinance restriction
regarding land uses in a General Commercial (C-3) District at The Rivery Park II (Amended),
Block B, Lots 2, 3, 4 and 6, located on Rivery Boulevard and Wolf Ranch Parkway.
Staff report by Carla Benton. Applicant is asking to have the restrictions prohibiting the
residential and “R” district uses of the old ordinance, with only commercial uses allowed in
the original Rivery Concept Plan, removed from their C-3 zoning. Benton summarized the
future land use, utility and zoning district standards. A utility evaluation has been completed
and approved for the proposed use. There have been no written responses to notification.
Chair Brashear invited the applicant to address the Commission. Roberto Garcia, representing
the applicant asked for the commissioners to approve.
Chair Brashear Opened the Public Hearing, no one came forward, and the Public Meeting
was closed.
Motion by Cochran. Recommend to the City Council approval of the Rezoning to remove the
conditions attached to The Rivery Park II (Amended), Block B, Lots 2, 3, 4 and 6.
Second by Horne. Approved. (5-0)
5. Public Hearing and possible action on a Special Use Permit to allow a “Personal Services,
Restricted” use in the Local Commercial (C-1) District, located at 603 W. University Avenue,
Suite 104, known as University Commons. SUP-2012-002 (Mike Elabarger)
Staff report by Mike Elabarger.
Per Table 5.04.010 of the UDC, a check cashing facility is considered a “Personal Services,
Restricted” specific use and is permitted in the Local Commercial (C-1) zoning district subject
to approval of a Special Use Permit.
The “Personal Services, Restricted” use is defined as: an establishment providing personal
services that are generally less desirable adjacent to residential areas including, but not
limited to, tattoo parlors, body piercing studios, check cashing facilities, bail bond agents,
pawnshops, and palm and card readers.”
The applicant seeks to establish the use in Unit 104 of the existing University Commons
shopping center; the unit was formerly inhabited by a Curves indoor fitness center. The 2065
square foot lease space will be renovated to provide a customer service area, several work
stations/terminals, and an open reception area.
The shopping center that was most recently used as the fitness center “Curves”; it is located
between the El Patron restaurant and Family Dollar store.
One consideration closely looked at by staff with this type of particular use was the timing
and volume of customers, given the nature of the business. As with traditional banks, the
heaviest period of use comes when customers come to deposit or cash their paychecks, which
mostly occurs at the the end of the day, and usually the end of the week. The shopping center
has over 150 parking spaces for the approximately seven tenants, and provides more than the
required spaces based on the square footage of the proposed use.
Chair Brashear Invited the applicant to address the Commission. Wendy Elkins, representing
the applicant gave a presentation. She said she will be glad to answer questions.
Chair Brashear Opened the Public Hearing, no one came forward, and the Public Meeting
was closed.
Planning & Zoning Commission Agenda / March 6, 2012 Page 3 of 7
Motion by Commissioner Montgomery Recommend to the City Council approval of the
Special Use Permit for 603 West University Avenue, Unit 104, to allow a Personal Services,
Restricted use – a cash checking facility - per Table 5.04.010. Second by Commissioner Horne.
Approved. (5-0)
6. Public Hearing and possible action on a Comprehensive Plan Amendment to change the
future land use designation from Low Density Residential to Mixed Use Community for 124.5
acres out of the Jones Survey, to be known as Gatlin Creek, located at 4909 Williams Drive.
CPA-2011-001 (Valerie Kreger)
7. Public Hearing and possible action on a Rezoning from the Agriculture (AG) District to
Planned Unit Development (PUD) District with a base district of Local Commercial (C-1) for
124.5 acres out of the Jones Survey, to be known as Gatlin Creek, located at 4909 Williams
Drive. REZ-2011-004 (Valerie Kreger) is 121.6 acres.
The Comprehensive Plan Amendment and Rezone staff report was presented as combined.
Staff report by Valerie Kreger.
The applicant has requested to change the future land use designation from Low Density
Residential to Mixed Use Community. The applicant intends to develop a mix of uses
including commercial, office, and residential.
This application was initially received during the annual 2030 Plan amendment cycle in 2011,
but was stalled in order for the applicant to prepare a Planned Unit Development (PUD)
zoning district to support the requested land use change. The proposed PUD documents are
now complete and included in an accompanying application which seeks to establish a PUD
utilizing a C-1 base district. Because this application was received during an annual review
cycle, the super majority vote that is applicable to out-of-cycle requests is not required with
this item.
The rezoning of this property is subject to approval of a TIA, which is still awaiting final
submittal and approval. The rezoning request, if acted on by the Planning & Zoning
Commission, will not move forward for City Council consideration until the TIA has received
final approval. Staff’s support of this application is contingent on the PUD rezoning, and as
such, staff would recommend the Commission make approval of this item contingent on
approval of the rezoning and require this item move forward to City Council on the same
schedule as the PUD application.
The applicant has requested a rezoning from Agriculture (AG) to Planned Unit Development
(PUD) with a base district of Local Commercial (C-1). The applicant intends to develop a mix
of uses including commercial, office, and residential.
The TIA for the project has been reviewed, but still awaits the final submittal for approval.
The rezoning request, if acted on by the Planning & Zoning Commission, will not move
forward for City Council consideration until the TIA has received final approval.
Chair Brashear invited the applicant to address the Commissioners.
Phillip Wanke representing the applicant stated the idea is to consolidate the commercial to
the center of the track and propose a larger building in the center, possibly a grocery store.
Chair Brashear Opened the Public Hearing.
Planning & Zoning Commission Agenda / March 6, 2012 Page 4 of 7
Michael Conner, 117 Casa Loma Circle state he is against the rezoning and does not want
total commercial. He is also concerned with the impact this development will have on Lake
Georgetown.
Dennis McNutt, 311 Allen Circle stated he believes in property owner rights, but feels the
development is so large; it will obstruct the water drainage to Lake Georgetown.
John Cowman, Leander stated he is a land rights advocate, but need to work on land
transition and compatibility standards need to be addressed. Mr. Cowman believes in the
process, but feels this plan is not ready to be moving forward. He is not for this plan and feels
there needs to be a good neighbor policy in place.
Rene Broom, 309 Allen Circle strongly objects with the rezoning. She stated this development
is up to 70% impervious coverage and will affect Lake Georgetown. This development is also
in the 100 year flood plain and should only allow low density development.
David Wolf, applicant feels there is misinformation. Engineering study for the water drainage
has not been completed.
Steve O’Conner, 313 Allen Circle stated he is concerned with the drainage and the flooding
and afraid flooding with effect his home.
Chair Brashear Closed the Public Hearing.
Phillip Wanke, representing the applicant stated they are addressing the stormwater concerns
and the development is regulated by TCEQ to make sure there is no water run off. FEMA will
also have to approve the water drainage. Project Website has wrong information regarding
the drainage. Water quality features will include a wet pond.
Mr. Wanke feels the water drainage will not impede the neighbors.
David Munk, Development Engineer for the City of Georgetown, stated the City requires a
Professional Engineer to design the water drainage for this development. Flood plan control
has to be through the Corp of Engineer. Mr. Munk stated the City does a lot of water quality,
but TCEQ and Corp has to be happy with the development before it can move forward.
Motion by Commissioner Cochran to recommend to the City Council approval of the
Comprehensive Plan Amendment for 121.64 acres in the Issac Jones Survey, to change the
future land use designation from Low Density Residential to Mixed Use Community,
contingent on the simultaneous consideration of the associated PUD rezoning application.
Second by Commissioner Horne. Approved. (5-0)
Motion by Commissioner Montgmoery to recommend to the City Council approval of a
request to rezone 121.64 acres in the Issac Jones Survey from the Agriculture (AG) District to
Planned Unit Development (PUD) District with a base district of Local Commercial (C-1)
District, contingent on the resubmittal and final approval of the TIA prior to City Council
consideration. Second by Commissioenr Horne. Approved. (5-0)
At this time there was a 5 minute break.
Reconvened at 7:42pm
Planning & Zoning Commission Agenda / March 6, 2012 Page 5 of 7
8. Public Hearing and possible action on a Rezoning of 78.52 acres of the N. Porter and A.
Flores Surveys from Single-Family Residential (RS) District, Local Commercial (C-1) District,
General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base
district to PUD with base districts of Multifamily (MF), C-1 and C-3, located on Washam
Drive and I-35, to be known as Fontana Plaza. REZ-2011-011 (Jennifer C. Bills)
Staff report by Jennifer Bills. The applicant has requested a rezoning of 78.52 acres north of
Northwest Boulevard and west of Interstate 35, from Single Family Residential District and
Planned Unit Development with a base district of Local Commercial, Local Commercial and
Regional.
Commercial to Planned Unit Development with base districts of Multifamily (22.14 acres),
Local Commercial (17.85 acres) and Regional Commercial (38.54). Currently the land is
vacant. The Future Land Use designation requires this area to be zoned either Mixed Use or
to apply a Planned Unit Development plan that meets the intent of the Specialty Area Mixed
Use Community land use. The property is located on the west side of IH-35 and north of
Northwest Boulevard. Washam Drive currently exists from Northwest Boulevard, dead
ending into the tract.
The property was annexed in four separate annexation ordinances—January 1, 1964 (#64-A1),
January 1, 1968 (#68-A1), January 1, 1978 (#78-23) and January 1, 1987 (#870403). A 0.90 acre
tract was platted at the Northwest Retail Subdivision in 1985 but never developed.
The area will serve the adjacent residential as well as be a destination shopping area.
The first site that is scheduled to be developed is the Gateway Northwest Apartments that
will be managed by the Texas Housing Foundation.
The PUD Development Plan proposes three base districts that are described in the UDC, are
Multifamily District, MF; Local Commercial District, C-1 and General Commercial District, C-
3. A list of Prohibited uses, Allowed uses and Allowed uses with restrictions are included in
the staff report.
Drainage has long been an issue along Northwest Boulevard and has affected the
existing commercial businesses as well as the development potential of the property.
Currently, the natural drainage patterns sends the water through the commercial
business into a drainage easement in the undeveloped Gateway Northwest Subdivision
and eventually pools along the frontage road to drain through an existing culvert under
IH-35. Some sort of drainage structure (box culvert or channel) needs to be installed to
efficiently move the water past the businesses and to the pond.
Due to location and configuration of the pond, there is the possibility that 12 Heritage
Trees and 22 Protected Trees will have to be removed to make the pond function properly.
No other Heritage Trees other than those identified in the Development Plan will be removed
without an amendment to the PUD Development Plan.
To provide better circulation for the entire area from Williams Drive to Airport Road,
this development will extend Washam Drive to the northern boundary of the property.
As each site within the Fontana Plaza PUD develops, the site plans will provide
pedestrian circulation. Along the entire length of Washam Drive, 8-foot sidewalks will be
provided, while 5-foot sidewalks will be required of the rest of the pedestrian plan.
For each development zone within the PUD, specific development standards have been
defined. Some of the main requirements are:
Planning & Zoning Commission Agenda / March 6, 2012 Page 6 of 7
All facades facing public streets must meet materials and articulation requirements of the
front façade.
Only a limited amount of parking is allowed (1 or 2 rows) between a public street
and building. The rest must be internal to the site.
Fencing (decorative with plantings) or an opaque masonry wall must be provided along
the remainder of Zone A (non-Texas Housing Foundation development) adjacent to the
existing residential neighborhoods.
All zones are allowed 70 percent maximum impervious cover.
A 25-foot buffer must be provided adjacent the existing single family residential to the
west.
At this time, approval of the Traffic Impact Analysis is still pending due to a few issues.
The rezoning request, if acted on by the Planning & Zoning Commission, will not move
forward for to City Council until the TIA has been approved.
Chair Brashear invited the applicant to address the Commission. Phillip Wanke , BWM
Group, representing the applicant gave a brief presentation and confirmed staff’s
presentation regarding the drainage and heritage trees. Mr. Wanke stated there is a need for
commercial property on Interstate Highway 35.
Chair Brashear expressed concern with the limited distance between the residents and
Washum Drive.
Chair Brashear Opened the Public Hearing
Brenda Brooks, 1006 Garden View Dr. stated she has lived in the area for 19 years and is very
concerned with a major highway being constructed directly behind her backyard with only a
25 foot buffer.
Jerry Temple, 704 Garden villa Circle is concerned with the multi-family and the water
shortage and restrictions to water use. He also stated he is concerned lighting and the traffic.
Don Jansen, 902 Garden View Drive stated he is concerned with a major freeway and the 13
homes being sandwiched between two streets. Mr. Jansen requests a larger buffer than 25
feet, possibly a 100 foot buffer or a landscape area.
Jerimia Lugo, 305 W. University stated Janis Drive is being used as a car dumping area. He is
concerned with low income people moving into the area and feels Frost Elementary and
Benold Middle School will turn into a low income school.
Chair Brashear Closed the Public Hearing.
Commissioner Cochran stated she would like to see a buffer and fencing for the 13 homes
before she is comfortable approving this PUD.
Motion by Commissioner Pena to recommend to the City Council approval of the Rezoning
for 78.52 acres in the N. Porter and A. Flores Surveys from Single-Family Residential (RS)
District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit
Development (PUD) with a C-1 base district to PUD with base districts of Multifamily (MF),
C-1, and C-3, contingent upon the approval of the Traffic Impact Analysis and the
requirement of a High Level Buffer Yard as outlined in the UDC-8.04.060C3. Second by
Commissioner Horne. Approved. (5-0)
Planning & Zoning Commission Agenda / March 6, 2012 Page 7 of 7
9. Public Hearing and possible action to amend the Unified Development Code (UDC)
Chapter 3, Applications and Permits.
Staff report by Valerie Kreger. Ms. Kreger reviewed over the Unified Development Code
amendments for Chapter 3. Discussion between staff and Commissioners.
Chair Brashear Opened the Public Hearing.
Erin Welch, Land Strategies stated she is a member of the UDC amendment task force and
feels staff along with the Task Force have worked really hard and wanted to give a special
“Kuddos” to Valerie Kreger and Elizabeth Cook for all the hard work they have been doing
on top of their regular job. She knows the effort and hard work is a “Big Deal” and wanted
staff to be recognized. Ms. Welch stated she does not have anything negative to say and
stated this was a very positive experience.
Chair Brashear Closed the public hearing.
Motion by Chair Brahsear to recommend to the City Council approval of the proposed
amendments to Chapter 3 of the Unified Development Code as presented. Second by
Commissioner Cochran. Approved. (5-0)
10. Consideration and possible action to change the Planning and Zoning Commission meeting
schedule to have two meetings per month.
Request by city manager to add a second meeting per month to accommodate developers.
Possibly meet on the 1st and 3rd Tuesday for each month.
Commissioners instructed staff to coordinate two meetings a month with the second meeting
of the month for those applications needing more time to be presented.
11. Consideration and possible action to set the date and time of the regular meeting of the
Planning and Zoning Commission. Motion by Porter to continue having the meeting on the
1st Tuesday of the month.
12. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Annette
Montgomery)
Commissioner Montgomery gave a presentation from the February 10th GTAB meeting.
13. Consideration and possible action to appoint a Planning and Zoning Commission
representative to the Georgetown Transportation Advisory Board (GTAB)
Motion by Commissioner Cochran to appoint Annette Montgomery to serve as the Planning
and Zoning Commission representative to the Georgetown Transportation Advisory Board .
Second by Horne. Approved (5-0)
14. Questions or comments from Commissioners-in-Training about the actions and matters
considered on this agenda. NA
15. Reminder of the April 3, 2012, Planning and Zoning Commission meeting.
16. Motion to adjourn. 9:20pm