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Planning & Zoning Commission Agenda / March 19, 2013 Page 1 of 5
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, March 19, 2013 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Roland Peña, Chair; Robert Massad, Vice-chair; John Horne, Secretary;
Porter Cochran, Scott Rankin, Mike Hewlett and Bob Brent
Commissioners in Training: Kevin Viette
Commissioner(s) Absent:
Commissioner(s) in Training Absent:
Staff Present: Andrew Spurgin, Planning Director, Jordan Maddox, Principal Planner, Mike
Elabager, Senior Planner; Skye Masson, Assistant City Attorney and Stephanie McNickle,
Recording Secretary.
Chair Peña called the meeting to order at 6:00 p.m. and Commissioner Massad led the Pledge
of Allegiance.
Chair Peña 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
is permitted to address the Commission once for each item, for a maximum of three (3)
minutes, unless otherwise agreed to before the meeting begins.
As of the deadline for this agenda, no persons were signed up to speak on items other than
what was posted on the agenda.
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 t he 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.
Regular Agenda
1. Motion by Commissioner Horne to approve the minutes from the February 5, 2013 Planning
and Zoning meeting. Second by Commissioner Massad. Approved. (7-0)
Consideration of the Minutes of the March 19, 2013, meeting of the Planning and Zoning
Commission. Motion by Commissioner Massad to approve the minutes from the March 5,
2013 Planning and Zoning meeting. Second by Commissioner Horne. Approved. (7-0)
Planning & Zoning Commission Agenda / March 19, 2013 Page 2 of 5
Regular Agenda
Commissioner Brent notified the members that he had filed a conflict of interest affidavit with the City
Secretary for Item #2 and recused himself from discussion of the agenda item.
2. Public Hearing and possible action on a Development Agreement for approximately 25
acres in the Dyches Survey, known as HEB South. DA-2012-005 (Jordan Maddox)
The applicant has requested a development agreement from the City to obtain vested
rights, modifications to the development standards of the Unified Development Code
(UDC) and certainties of construction timing, utilities, and right -of-way. The proposed
agreement is in addition to a rezoning and plat that would otherwise give the property full
entitlements for a large retail user, in this case an HEB grocery store and accessory uses.
The consideration to the City for this agreement include terms of acquisition for FM 1460
right-of-way for its pending expansion, and dedication of land for the future SE Inner Loop
expansion. The HEB site is 21.47 acres, with additional acres for FM 1460 ROW acqui sition,
for a total of approximately 25 acres.
An application was submitted to staff on September 20, 2012. Staff reviewed the
justification for the agreement and the proposed terms and concluded that the UDC did not
have the ability to provide some of the timing extensions and grandfathering that HEB was
seeking. Many of the requested modifications to the code could have been handled through
a Planned Unit Development (PUD), but if Council was to consider and approve HEB’s
proposed agreement, it would only have been possible through the development
agreement vehicle. The original request included a 9 -year Site Plan extension, locking in
certain fees and development standards, including some alterations to the City’s
development code.
There are some Legal provisions that are being finalized as of the writing of this report
related mostly to the acquisition of FM 1460. Most of the Transportation Section in this
agreement is a product of a separate acquisition process and is not usually considered by
the Commission. For this reason, Section 3.1 is included here for informational purposes,
but the details of which are essentially excluded from the Commission’s recommendation.
The terms of Section 3.1 have some favorability to the City and should be discussed
conceptually in the larger scheme of the agreement, but the legal language is very precise
and will move forward to Council as is.
Chair Peña invited the applicant to speak.
Steve Durhman, Longhorn Junction representative gave a brief presentation regarding the
history of the HEB project and stated he will be glad to answer questions.
Chair Peña opened the Public Hearing. No one came forward to address the
Commissioners, the Public Hearing was closed.
Commissioners asked and staff stated if HEB decides not to develop on this property, then
the Development Agreement would go away.
Commissioners asked and staff responded that by adding additional trees to the raw land
taking it back to a more natural state to reach the impervious coverage requirement has not
been discussed. Staff also stated the impervious coverage rules ha ve been in the code for
the past 13 years and are starting 8% higher than in 2008. Staff feels like there are plenty of
choices to, but HEB chose not to use those choices. Staff also stated other developments
such as Wolf Ranch ha ve met the impervious coverage requirements.
Planning & Zoning Commission Agenda / March 19, 2013 Page 3 of 5
Commissioners asked and staff stated the applicant is meeting the TCEQ requirements.
Motion by Commissioner Massad to recommend approval of the Development Agreement
to City Council as presented with developer recommended language in Section 2.1 and
staff recommended language in section 2.4 and the approval of the 3.5 conditional upon
finalization and approval of the Driveway TIA. Second by Commissioner Horne.
Approved (6-0)
3. Public Hearing and possible action on a Comprehensive Plan Amendment to change the
future land use designation from Mixed Use Neighborhood Center (MUNC) to Mixed Use
Neighborhood Center (MUNC) and a portion of Community Commercial (CC) for 34.174
acres in the Joseph Fish Survey, located on Williams Drive. CPA-2013-001 (Mike Elabarger)
4. Public Hearing and possible action on a Rezoning of 34.174 acre in the Joseph Fish Survey,
from the Office (OF) and Local Commercial (C-1) Districts to the Office (OF), Local
Commercial (C-1), and General Commercial (C-3) Districts, for a 34.174 acre in the Joseph Fish
Survey, located on Williams Drive. REZ-2012-015 (Mike Elabarger)
Staff report by Mike Elabager. Staff gave a brief report regarding the history of the
Co mprehensive Plan Amendment and the Rezone application submittals. Staff stated both
applications will be presented simultaneously, but each application will need a separate
motion.
The Applicant has requested to change the future land use designation fro m Mixed Use
Neighborhood Center (MUNC) to Community Commercial (CC) for the approximately 9
acres. In a separate and accompanying application, the Applicant is also seeking to rezone
the property from OF (Office) and C-1 (Local Commercial) to OF, C-1, and C-3 (General
Commercial); the C-3 District is the same area of the requested land use category change,
and would fulfill, and be supported by, the proposed land use category, but not that of the
existing MUNC category.
The Applicant has indicated the desire to develop medical offices, a hospital, and a gas /
convenience store on the property; all these uses are permitted within one or both of the
existing zoning districts (OF and C -1), which are fully compatible with the existing future
land use designation of Mixed Use Neighborhood Center.
The property is located on the south side of Williams Drive, between Wildwood Drive and
Woodlake Drive, approximately one -quarter mile west of the Shell/DB Woods intersection
with Williams Drive. It resides in front of the neighborhood known as Terraces of
Woodlake (subdivided as Woodlake, Phases 3 and 4), which contains approximately 160
homes.
The proposed amendment – to change approximately 9 acres from Mixed Use
Neighborhood Center (MUNC) to Community Commercial (CC) – is not supported by
Staff for the following reasons:
2030 Comprehensive Plan – The MUNC designation is the appropriate land use category
for location along a Major Arterial and being immediately adjacent an e stablished
residential neighbhorhood that is served by public and civic facilities (schools, daycare)
and multiple retail/commercial outlets within a walkable ¼-mile area.
Existing Zoning – The existing zoning of Office and Local Commercial fulfills the MU NC
Planning & Zoning Commission Agenda / March 19, 2013 Page 4 of 5
category, and is in keeping with the overall direction of the Comprehensive Plan.
Utilities – The current level of development afforded by MUNC (and OF and C-1 zoning)
can be accommodated by the existing utility infrastructure with less future burden t han
development that could occur under CC and possible increases in zoning district
intensities.
The proposed rezoning – expanding the OF District, reducing the C-1 District, and
replacing 8.97 acres of C-1 with the more intense C-3 District – is not supported by Staff
for the following reasons:
Existing Zoning – The existing zoning of Office and Local Commercial fulfills the MUNC
category, and is in keeping with the overall direction of the Comprehensive Plan.
2030 Comprehensive Plan – The MUNC designation is the appropriate land use category
for location along a Major Arterial and being immediately adjacent an established
residential neighbhorhood that is served by public and civic facilities (schools, daycare)
and multiple retail/commercial outlets withi n a walkable ¼-mile area.
Use Already Permitted – As shown on the chart in this report, the three (3) main uses
stated by the Applicant for development on the property could be achieved within the
existing OF and C-1 zoning districts.
Justification – There has been no clear justification of merit, need, or benefit for C-3
zoning on this property, or anywhere near the area of Community Commercial being
concurrently proposed.
Alternatives – Staff suggested the submittal of a Planned Unit Development (PUD)
zoning request that could specify the desired flexibility of C-1 standards and/or uses, but
was rejected as an option by the applicant.
Chair Peña invited the applicant to speak.
Paul Linehan, Land Strategies, Inc. representing the applicant gave a brief history and a
power point presentation regarding the property and the intended future development of
that property.
Chair Peña opened the Public Hearing. No one came forward to address the
Commissioners, the Public Hearing was closed.
Commissioners asked and staff responded there does not need to be super majority vote by
the P&Z Commissioners.
Commissioners asked and staff responded proper notice has been sent to the 200 foot
adjacent property owners of the rezoning. Staff stated this application is only for the
Comprehensive Plan Amendment and the Rezoning. These applications do not address the
specific development of the property. Staff stated the Psychiatric care and substance abuse
facility will need a Special Use permit approved by City Council and are not by right uses
for C-3 zoning. The applicant would need to apply for a Special Use Permit, which at that
time the adjacent property owners will be notified of the specific use the applicant wishes
to develop on the property.
Mr. Linehan stated C-3 zoning will allow a 3 story building which is why they are asking
for a C-3. C-1 zoning only allows a 2 story building.
Motion by Commissioner Brent to recommend to City Council approval for land generally
located on Williams Drive near the intersection of Wildwood Drive, from Mixed Use
Neighborhood Center (MUNC) to Community Commercial (CC). Second by
Planning & Zoning Commission Agenda / March 19, 2013 Page 5 of 5
Commissioner Hewlett. Motion Fails. (2-5) Peña, Cochran, Massad, Horne, Rankin
(Against)
Motion by Commissioner Cochran to recommend to the City Council denial of the
Rezoning for 34.174 acres in the J. Fish Survey, Abstract AW0232, located at 4600 -4700
Williams Drive, from the Office (OF) and Local Commercial (C-1) Districts to the Office
(OF), Local Commercial (C-1), and General Commercial (C-3) Districts. Second by
Commissioner Massad. Approved. (7-0)
5. Directors report: Introductory training workshop
Spurgin announced he would like to do a very high level workshop as a refresher for the
returning members and an introduction for the new members. Workshop will start at 5:00pm
prior to the next P&Z meeting scheduled for April 2nd. Spurgin stated this workshop is
optional.
6. Update on the Georgetown Transportation Advisory Board (GTAB) Mee tings. Spurgin
stated the GTAB bylaws stated a P&Z representative will have a seat. However, a seat was
not reserved for a P&Z member. Mr. Spurgin stated the P&Z representative is welcome to
attend, but will not be able to vote on items. However, in May, when Councilman Meigs
steps down from the GTAB board, the P&Z representative shall take that seat.
Ed Polasek, Transportation Director gave a brief report.
7. Questions or comments from Commissioners -in-Training about the actions and matters
considered on this agenda. NA
8. Reminder of the April 2, 2013, Planning and Zoning Commission meeting.
9. Adjourn at 7:48pm
_____________________________________ __________________________________
Roland Peña, Chair John Horne, Secretary