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HomeMy WebLinkAboutMIN 10.10.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: I Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present Carr, John Kirby, Farley Snell, Ben Oliver I. Staff Present: -- 11 Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City I Manager for Utility Operations; Dave Hall, Director of Building Inspections; Bobby Ray, Acting Director of 11 Planning and Development; Rebecca Rowe, Historic District Planner; Melissa McCollum, Development �I Llanner; Carla Benton, Development Planner; Mark Thomas, Economic Development Director Called to order at 4:05 PM A Discussion, history and status of the Natural Landscape Program -- Dave Hail, Director of Inspection Services Hall told Council that a Resource Committee was formed in 2004, and they defined natural versus native landscape. Hail discussed with Council the question of what constitutes aesthetics, health, safety, hazards, or nuisances. He asked for Council direction. Eason noted that her yard has been certified by Texas Parks and Wildlife as a habitat. She said in the past, citizens who preferred natural landscaping have been penalized. She said she hopes the City will provide an opportunity to encourage people to use native plants and discourage the use of exotics that are killing off the native plant and animal species due to lack of resources. She suggested that a permit should not be necessary for natural landscaping unless the property owner wants to plant exotics. Sansing asked if Hall had looked into the work done in Austin regarding natural landscaping. He suggested he would provide Hall with some information from a business associate in Austin. Brandenburg explained some of the cumbersome aspects of creating a new native landscape ordinance, especially regarding enforcement, suggesting the use of the current nuisance ordinance already in the code book. Smith said he thought those who would like to create native or natural landscape should be allowed to do so. Snell confirmed that this is a complaint -based issue. Oliver confirmed that what the City has at this time is weed abatement. Yantis said there are currently no residential landscaping requirements. Yantis asked Council if the City should be more pro -active in promoting natural landscapes because of the benefits to the environment. Oliver suggested that the City mildly incentivize because of the demand for water and help constrict the growth of water consumption. There was a discussion regarding xeroscaping. Eason suggested coordinating the use of a plant list and suggested it would be a benefit to have an arborist on staff or use the Lady Bird Johnson Wildflower Center to determine the difference between native plants and weeds. Eason said the management of property, whether native or ornamental, is most important. Snell suggested guidelines for new development. Yantis said, unless the development has deed City Council Meeting Minutes/October 10, 2005 Page 1 of 3 Pages restrictions, there would not be much the City could do. Dennis Perz spoke to Council as a member of the Native Plant Society and former member of the Resource Committee. He said this issue should be addressed in regard to health or safety hazards, and then conservation education, leadership, and motivation are important. He noted there are lots of resources. Kirby suggested letting the homeowners' associations monitor and enforce regulations. B Joint Workshop with the Planning and Zoning Commission to discuss the current boundaries of the Downtown Overlay District and the possibility of directing staff to initiate a zoning map amendment designating the C-2, Downtown Commercial zoning district for all properties within the Downtown Overlay District -- Rebecca Rowe, Historic Review Planner and Bobby Ray, Acting Director of Planning and Development Ray displayed a zoning map of the Downtown Overlay District. He provided a brief history of the rezoning request, saying staff had received a zoning application on a property at 212 W. 10th Street, from RS to C-2 Downtown Commercial, for a professional office. He said the Planning and Zoning Commission denied the C-2 zoning request and recommended OF, Office. He said then Council approved the C-2 and requested a joint workshop to rezone the remaining parcels to C-2. He said they are expecting several future applications for C-2 as well as other properties that are adjacent to the Downtown Overlay. He said there are a total of 232 parcels and 180 are already zoned C-2, 32 parcels as RS, 15 as OF, 3 as multi -family, and 2 are duplexes. He said the majority of C-2 zoning is located along University between Timber and Rock. He said staff contends the C-2 zoning provides the most flexibility and would not create any non -conformities. He also suggested possible expansion of the Overlay District or consideration of rezoning properties adjacent to the District. He said staff is asking Council to give direction regarding utilizing C-2 within the Downtown Overlay and direction regarding residentially -zoned properties contiguous to the Overlay District. Nelon noted that Snell and others have warned against the loss of residential use in the downtown area, but he felt that those properties that are zoned residential currently are not always kept in the best manner, feeling that C-2 would allow businesses that would be more apt to keep those properties updated. Snell said he is not so concerned about usage, but appearance. Planning Commission Chair, Johnny Anderson, introduced the following members of the Planning and Zoning Commission in attendance at the meeting: Harry Gibbs, Vice Chair; Audrey McDonald, Secretary; Don Padfield; Sarah Milburn; Will Moore; Jenny Shield; Marlene McMichaels; and Russ Phillips. Anderson said there were different dynamics between the Planning and Zoning Commission Meeting and the Council Meeting. There was further discussion. Snell asked if there could be a new category that would not have the word "commercial" in it. He said he doesn't think it's the business of the property owners to tell the City what the zoning should be. He said that should be the prerogative of the City Council. Mayor Nelon suggested that there be a delineation between C-2 and Office at the intersections of the thoroughfares. Oliver said the reality of the Justice Center changes what the street is like, in so far as there are bail bonds, and vacant lots, as well as some nice houses mixed in. He said he thinks there needs to be transition between the Justice Center and the residences. Mayor Nelon invited the Planning and Zoning Commissioners to share their opinions on the subject. Sarah Milburn said there needs to be a buffer zoning between the C-2 and the neighborhood, and she said that commercial parking should not be allowed in that area as it is currently listed under C-2. Harry Gibbs suggested an option to remain residential with an option to rezone to C-2, and suggested Town Services as a new zoning category, saying it would make sense to zone OF across from the Justice Center on MLK as a "hybrid" approach. Jenny Shield said she is concerned that there must be a buffer, but said she feels you can't change the zoning that has already been determined for the Downtown Overlay District. Sansing said that providing a buffer on MLK essentially moves the line. He suggested having a meeting with the people who live there before any decisions are made. He said he is in favor of creating a buffer of OF. There was further discussion. Yantis pointed out that the Future Land Use Plan must be designated so that staff has the ability to allow or deny applications. Mayor Nelon called on Della Green to speak. She said she is the former President of the TRG Association and that the current President, Gloria Jackson, was in the audience. She said it is interesting to hear everyone's opinion about what needs to be done on the west side of MLK, but no one has asked the neighborhood association what they want to do. She suggested that the Council look at the demographics. City Council Meeting Minutes/October 10, 2005 Page 2 of 3 Pages She said the black community asked to have the Overlay District stopped at MILK and would like to keep it there. She said there are four historic black churches west of MLK. She asked that the area not be rezoned. Mayor Nelon noted that there were two other citizens standing in the audience that appeared to have differing opinions of Ms. Green, but he said there would not be a debate at this workshop tonight, and suggested that they meet with Councilmember Sansing regarding this issue. 5:39 p.m. -- recessed Open Session for Executive Session Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. C Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Legal Advice Regarding Agenda Items and other Matters - Discussion and possible action regarding the status of good faith negotiations related to the acquisition of right-of-way, easements, and other property interests at 705 N. Austin Ave. related to the improvement by TXDOT of Austin Avenue from Leander Road to Williams Drive 5:50 p.m. -- resumed Open Session and adjourned The meeting was adjourned at 05:50 PM. City Council Meeting Minutes/October 10, 2005 Page 3 of 3 Pages Attest: ; r X . City Secretary Sandra Lee