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HomeMy WebLinkAboutP&Z_Agenda&Minutes_2007Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, December 4, 2007 The Planning and Zoning Commission will meet on Tuesday, December 4, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Ratliff, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1. Action from 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 November 6, 2007, meeting of the Planning and Zoning Commission. 3. Consideration and possible action on a Preliminary Plat for 10.55 acres in the Isaac Donagan Survey, to be known as 29 Oaks, located on the south side of SH 29, west of Wood Ranch Road. PP-2007-015 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Dec42007/PP-2007-015.pdf 4. Consideration and possible action on a Preliminary Plat for 397.768 acres out of the Porter Survey and out of the Donagan Survey, to be known as The Oaks at San Gabriel, located on the north side of SH 29, east of Cimarron Hills. PP-2007-014 (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Dec42007/PP-2007-014.pdf Regular Agenda 5. Public Hearing and possible action on Rezoning from C1, Local Commercial, OF, Office, PUD and RS, Residential Single Family , to C3, General Commercial for approximately 350 acres in the Porter Survey, located between Austin Avenue, Second Street and the railroad right-of-way, also known as San Gabriel Park. REZ -2007-029 (CB) Item REZ-2007-029 has been withdrawn from consideration. 6. Public hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Office /Service and 2) a Rezoning from RS, Residential Single-family district to OF, Office district for approximately 0.371 acres being Lots 10 & 11 of the Montgomery Addition, Block 1, located at 1903 South Austin Ave. CPA-2007-009 & REZ-2007-023 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Dec42007/CPA-2007-009&REZ-2007-023.pdf 7. Public hearing and possible action on a Rezoning from AG, Agriculture District, to IN, Industrial District, in the A. Flores Survey, 10.8 Acres, located at 2500 NE Inner Loop. REZ-2007-028 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Dec42007/REZ-2007-028.pdf 8. Consideration and possible action on a Final Plat for a Resubdivision of The Rivery, Phase One, Block B, Lot 4, with a variance to the Subdivision Regulations for lot width, located at 620 South I.H. 35. FP-2007-038 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Dec42007/FP-2007-038.pdf 9. Public hearing and possible action on a Comprehensive Plan Amendment to change the Future Land Use from Residential to Mixed-Use, Commercial and Residential and the Intensity Plan from 1 to 3, 4 and 5 for 609.64 acres out of the I. Donagan and J. Thompson Surveys to be known as Water Oak at San Gabriel, located on Hwy 29 West near the future extension of Water Oak Parkway. CPA-2007-010 (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Dec42007/CPA-2007-010.pdf 10. Public hearing on the 2030 Comprehensive Plan: Executive Summary; Introduction; Plan Framework; Plan Elements: Land Use Element; Procedures for Plan Administration, Implementation, Monitoring and Updates; and Appendices, to replace the Century Plan: Policy Plan, Development Plan, and Future Land Use Plan. (EP and JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Dec42007/2030CP.pdf Comments from Director. Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, December 4, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , December 4, 2007. Members Present: Harry Gibbs, Chair; Jennifer Ratlift, Vice Chair; Will Moore, Secretary; Marlene McMichael, and Patrick Lawson and Don Padfield Members Absent: Sarah Milburn Staff Present: : Bobby Ray, Director; Elizabeth Cook, Principal Planner, Carla Benton, Planner; Valerie Kreger, Planner; Ed Polasek, Principal Planner; Jordan Maddox, Planner; David Munk, City Engineer; Trish Carls, City Attorney and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs 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. 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. Consideration of the Minutes of the November 6, 2007, meeting of the Planning and Zoning Commission. Consideration and possible action on a Preliminary Plat for 10.55 acres in the Isaac Donagan Survey, to be known as 29 Oaks, located on the south side of SH 29, west of Wood Ranch Road. PP-2007-015 (VK) Consideration and possible action on a Preliminary Plat for 397.768 acres out of the Porter Survey and out of the Donagan Survey, to be known as The Oaks at San Gabriel, located on the north side of SH 29, east of Cimarron Hills. PP-2007-014 (JM) Motion by Moore to approve the Consent Agenda along with the November 6, 2007 minutes. Second by Padfield. Approved 6-0. Regular Agenda Public Hearing and possible action on Rezoning from C1, Local Commercial, OF, Office, PUD and RS, Residential Single Family, to C3, General Commercial for approximately 350 acres in the Porter Survey, located between Austin Avenue, Second Street and the railroad right-of-way, also known as San Gabriel Park. REZ -2007-029 (CB) Item REZ-2007-029 has been withdrawn from consideration . Public hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Office/Service and 2) a Rezoning from RS, Residential Single-family district to OF, Office district for approximately 0.371 acres being Lots 10 & 11 of the Montgomery Addition, Block 1, located at 1903 South Austin Ave. CPA-2007-009 & REZ-2007-023 (VK) Postponed at the request of the applicant to the March 4, 2008 meeting . 7.Public hearing and possible action on a Rezoning from AG, Agriculture District, to IN, Industrial District, in the A. Flores Survey, 10.8 Acres, located at 2500 NE Inner Loop. REZ-2007-028 (CB) Staff report by Carla Benton. The 10.8-acre tract is located on the east side of Inner Loop Road, north of the intersection of Inner Loop and FM 971. Currently, the use of the site is a multi-tenant facility housing a construction office use that would be permitted within the Light Industrial Service land use category . The zoning of the property is AG, Agriculture, which is reflective of the default zoning placed on the property at the time of annexation in 2006. The property is identified for Mixed Use on the Future Land Use Plan and carries an Intensity Level of 2. The subject application is a rezoning request from AG, Agriculture to IN, Industrial to accommodate the current use of the site, and to bring the property into conformance with the underlying Land Use Plan designation. As stated, the AG zoning district was applied at the time of the 2006 annexations. The effect of the AG default zoning was to render the current use of the site nonconforming, since the existing light industrial service use is not a permitted use within the AG district. This application removes the nonconforming aspect of the use and makes the zoning consistent with both the use and the land use map. Chair Gibbs invited the applicant to speak. Patrick Baker, 412 Crosswood stated the concept is to build a nice construction and will be glad to answer questions. Gibbs opened the Public Hearing. No one came forward, the Public Hearing was closed Motion by McMichael to Approve the Rezoning from AG , Agricultural District to IN, Industrial District in the A. Flores Survey, 10.8 acres, located at 2500 NE Inner Loop. Second by Ratlift. Approved. (6-0) Consideration and possible action on a Final Plat for a Resubdivision of The Rivery, Phase One, Block B, Lot 4, with a variance to the Subdivision Regulations for lot width, located at 620 South I.H. 35. FP-2007-038 (CB) Postponed at the request of the applicant to the January 3, 2008 meeting . Public hearing and possible action on a Comprehensive Plan Amendment to change the Future Land Use from Residential to Mixed-Use, Commercial and Residential and the Intensity Plan from 1 to 3, 4 and 5 for 609.64 acres out of the I. Donagan and J. Thompson Surveys to be known as Water Oak at San Gabriel, located on Hwy 29 West near the future extension of Water Oak Parkway. CPA-2007-010 (JM) Staff report given by Jordan Maddox. Gibbs invited the applicant to speak. Kelly Bell Green, Bury and Partners stated she will be glad to answer questions . Gibbs opened the Public Hearing. No one came forward. Public Hearing was closed. Motion by Ratlift to recommend to the City Council conditional approval of a Comprehensive Plan Amendment to change the Future Land Use from Residential to Mixed-Use, Office/Retail/Commercials and Residential and the Intensity Plan from 1 to 3,4 and 5 for 609.64 acres out of the I. Donagan and J. Thompson Surveys, an addition to the Water Oak at San Gabriel development. Second by Lawson. Approved. (6-0) At this time Chair Gibbs opened the Public Hearing for agenda #4. Doug Brice, 2857 Cedar Hollow Road, voiced concern with where the applicant will get the water. Doug Wallingford Cedar Hollow Road, voiced concern with the traffic. David Munk addressed the concerns. Chair Gibbs closed the Public Hearing. Public hearing on the 2030 Comprehensive Plan: Executive Summary; Introduction; Plan Framework; Plan Elements: Land Use Element; Procedures for Plan Administration, Implementation, Monitoring and Updates; and Appendices, to replace the Century Plan: Policy Plan, Development Plan, and Future Land Use Plan. (EP and JM) Staff report by Ed Polacek. Mr. Polacek informed the Commissioners the 2030 Comprehensive Plan is online and staff welcomes comments from the public. Workshop will be held January 7, 2008 Chair Gibbs opened the Public Hearing. Marilyn Seeman, 311 River Hills Drive concerned with the rezone of an area she has lived in for a long time and was to remain a subdivision, but is now moving towards to being rezoned commercial . The commissioners ask that she come back to the Planning and Zoning meeting when the rezoning for this area brought forward. Marvin Dorcey, 801 Fairview Road stated he is concerned with the changes being introduced for many land owners that will be annexed. Mr. Gibbs closed the Public Hearing. Motion by Ratlift to continue the public hearing for the 2030 Comprehensive Plan that is scheduled for Jaunuary 7, 2008 Second by Lawson Approved (6-0) 11.Comments from Director. Bobby Ray stated during the last Tuesday's Council meeting staff was directed to prepare an emergency amendment to the Unified Development Code to address residential structures abutting non-residential zoning districts where there is no buffering. The idea was to allow such houses to be considered for office use via the special use permit process. The applicant at 1903 S. Austin has chosen to postpone her current application and track the SUP proposal, which if approved, seems like a more appropriate approach. Comments from Commissioners. Motion to adjourn. Chair Gibbs adjourned the meeting at 7:20p.m. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, November 6, 2007 The Planning and Zoning Commission will meet on Tuesday, November 6, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Action from 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. Consideration of the Minutes of the October 2, 2007, meeting of the Planning and Zoning Commission. Consideration and possible action on a Preliminary Plat for 12.410 acres in the Antonio Flores Survey to be known as Bastian Woods (formally known as Katy Crossing, Section 7), located on FM 971. PP-2007-011 (EC) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/PP-2007-011.pdf Consideration and possible action on a Preliminary Plat of 76.425 acres out of the Barney C. Low Survey, known as Teravista Sections 321 and 323, located northwest of the intersection of FM 1460 and Westinghouse Road. PP-2007-013 (CB) Postponed at the request of the applicant to the December 4 th meeting Consideration and possible action on a Public Review Final Plat of The Villas at Cimarron Hills, Planned Unit Development, being 3.683 acres in the A.H. Porter Survey, located on Cimarron Hills Trail West. (PP-2007-012) (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/PP-2007-012.pdf Regular Agenda Public hearing and possible action on a Rezoning from RS, Residential Single Family district to MU-DT, Mixed Use-Downtown district for City of Georgetown Block 39, Lot 5(pt), Lot 8(pt), located at 106 East 6 th Street. REZ-2007-024 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/REZ-2007-024.pdf Public hearing and possible action on a Rezoning from AG, Agriculture district to IN, Industrial district for approximately 15.051 acres, more particularly described as 8.951 acres out of the D. Wright Survey, located at 3105 Airport Road, and 6.10 acres being Lots 5 and 6 of the Airport Industrial Park, located at 116 and 111 Halmar Cove. REZ-2007-026 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/REZ-2007-026.pdf Public Hearing and possible action on an amendment to the Unified Development Code (UDC) pertaining to the installation of Columbaria associated with Places of Worship. For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/UDC.pdf Public hearing and possible action on a Rezoning from AG, Agriculture district to C-3, General Commercial district for approximately 30.449 acres, more particularly described as 21.102 acres and 9.347 acres in the David Wright Survey, to be known as Buc-ee’s, located on the north and south side of the intersection of Lakeway Drive and IH 35. REZ-2007-022 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/REZ-2007-022.pdf Public hearing and possible action on a Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for approximately 54.73 acres more particularly described as 34.82 acres in the Francis Hudson, William Addison, Joseph Robertson and J .S. Patterson Surveys and 19.91 acres in the Joseph Robertson and the William Addison Surveys, also known as the Wheeler Tract, located at 2211 County Road 111 (Westinghouse Road). REZ-2007-016 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/REZ-2007-016.pdf Public hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Office/Retail/Commercial and 2) a Rezoning from RS, Residential Single-Family district to CN, Neighborhood Commercial district for approximately 0.371 acres being Lots 10 and 11 of the Montgomery Addition, Block 1, located at 1903 South Austin Avenue. CPA-2007-009 & REZ-2007-023 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/CPA-2007-009&REZ-2007-02 3.pdf Public hearing and possible action on a Rezoning from OF, Office district to CN, Neighborhood Commercial district for approximately 4.75 acres in the J. Fish Survey, located at 4819 Williams Drive. REZ-2007-025 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/REZ-2007-025.pdf Public Hearing and possible action on a Rezoning from C-3, General Commercial to PUD, Planned Unit Development for approximately 31.935 acres out of the Nicholas Porter Survey being Rivery Park II, Block A, Lots 1-7 and Rivery Park, Block A, Lot 2, located on the east side of Rivery Boulevard, to be known as The Summit at Rivery Park. REZ-2007-027 (EC) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Nov62007/REZ-2007-027.pdf Comments from Director. January P&Z meeting is scheduled for January 1, 2008. Propose to postpone to January 3, 2008. Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, November 6, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , November 6, 2007. Members Present: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, and Patrick Lawson and Don Padfield Members Absent: Staff Present: Bobby Ray, Director; Elizabeth Cook, Principal Planner, Carla Benton, Planner; Valerie Kreger, Planner; David Munk, City Engineer; Trish Carls, City Attorney and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Vice Chair Shield called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Vice Chair Shield 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. 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 may 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. Consideration of the Minutes of the October 2, 2007, meeting of the Planning and Zoning Commission. Consideration and possible action on a Preliminary Plat for 12.410 acres in the Antonio Flores Survey to be known as Bastian Woods (formally known as Katy Crossing, Section 7), located on FM 971. PP-2007-011 (EC) Item # 4 was postponed to the December 4 th meeting. 5.Consideration and possible action on a Public Review Final Plat of The Villas at Cimarron Hills, Planned Unit Development, being 3.683 acres in the A.H. Porter Survey, located on Cimarron Hills Trail West. (PP-2007-012) (CB) Motion by Moore to approve the Consent Agenda along with the October 2, 2007 minutes. Second by Padfield. Approved 6-0. Regular Agenda 6.Public hearing and possible action on a Rezoning from RS, Residential Single Family district to MU-DT, Mixed Use-Downtown district for City of Georgetown Block 39, Lot 5(pt), Lot 8(pt), located at 106 East 6 th Street. REZ-2007-024 (CB) Staff report given by Carla Benton. The 0.11-acre site is located on the southwest corner of Main Street and 6th Street. Currently, the property is developed with a single-family residential structure. The existing zoning of the property is RS, Residential Single-Family and it is located within the Downtown Overlay District. The property is designated as Downtown on the Future Land Use map and is assigned an Intensity Level of 6 on the Century Plan. The applicant is requesting a rezoning from RS, Residential Single-Family district to MU-DT, Mixed Use Downtown district. Per the submitted letter of request the applicant is seeking the rezoning for consistency with adjacent properties and plans to make the site available for commercial use. Vice Chair Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael to Recommend to the City Council approval of a Rezoning of 0.11 acres in City of Georgetown, Block 39, Lot 5(pt), Lot 8(pt), located at 106 East 6 th Street, from RS, Residential Single-Family District to MU-DT, Mixed Use Downtown District. Second by Lawson. Approved. ( 6-0) 7.Public hearing and possible action on a Rezoning from AG, Agriculture district to IN, Industrial district for approximately 15.051 acres, more particularly described as 8.951 acres out of the D. Wright Survey, located at 3105 Airport Road, and 6.10 acres being Lots 5 and 6 of the Airport Industrial Park, located at 116 and 111 Halmar Cove. REZ-2007-026 (VK) Staff report given by Valerie Kreger. The site is composed of three tracts totaling approximately 15.051 acres and is located south and east of Halmar Cove and Airport Road. The existing zoning of all three properties is AG, Agriculture. The 8.951 acre tract located at 3105 Airport Road is currently used for multiple purposes including commercial lease and residence. The 6.10 acres is divided into Lot 5 (116 Halmar Cove) and Lot 6 (111 Halmar Cove) of the Airport Industrial Park subdivision. Lot 5 has been developed as industrial lease space currently used as a manufacturing facility and Lot 6 has been developed as Texas Outdoor Power Equipment. The properties are designated as Industrial on the Future Land Use map and are assigned Intensity Levels of 3 and 4 on the Century Plan. The applicant is requesting a rezoning from the AG, Agriculture district to the IN, Industrial district for two reasons. The first is to allow for the expansion of the existing business (Texas Outdoor Power Equipment) located at 111 Halmar Cove onto the adjacent acreage at 3105 Airport Road. The applicant seeks to first physically expand the structure currently used for the Texas Outdoor Power Supply Business and potentially develop the remaining acreage for future tenants in subsequent phases. The second purpose of the rezoning is to bring the current businesses located at 111 and 116 Halmar Cover into zoning compliance. All three properties were annexed into the City’s limits on November 28, 2006, (Ord. No. 2006-132) and assigned the standard default zoning district of AG. These businesses were already in existence at time of annexation and were categorized as legal non-conforming uses since they would otherwise not be allowed in the AG, Agriculture district. While the businesses can continue as they are under the current zoning, any lapse in the use would result in a loss of the non-conforming status. His property is planned for Industrial uses according to the Future Land Use map. The Industrial classification designates areas intended for a range of heavy commercial, assembly, warehousing, manufacturing and service-type uses. The IN, Industrial district is intended to provide a location for low-intensity manufacturing and industrial activities that may generate some nuisances. Traffic generation will likely make access to an arterial or a freeway necessary. The Industrial district is not appropriate adjacent to any residential district other than the AG district. Vice Chair Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Milbun recommend to the City Council approval of a rezoning of approximately 15.051 acres, more particularly described as 8.951 acres out of the D. Wright Survey, located at 3105 Airport Road, and 6.10 acres being Lots 5 and 6 of the Airport Industrial Park, located at 116 and 111 Halmar Cove from AG, Agriculture district to IN, Industrial district. Second by Lawson. Approved. (6-0) Public Hearing and possible action on an amendment to the Unified Development Code (UDC) pertaining to the installation of Columbaria associated with Places of Worship. Staff report given by Bobby Ray. During the regular meeting of October 2, 2007 the City Council approved the list of UDC amendment for the 2007-2008 cycle. In response to request from several local places of worship City staff included an amendment to allow “columbaria” as an ancillary use associated with a “Place of Worship”. Council took the action of identifying the amendment as an “emergency” given the time sensitivity issue, and directed staff to return in November with the proposed amendment. The proposed draft adds “columbaria” as an accessory use to a place of worship, subject to specific conditions. The primary intent of the conditions is to set a parameters for height (8 foot maximum), setbacks (25 feet), and screening. The placement of columbaria on a worship site will be subject to submittal of a site plan consistent with the requirements of Section 3.09 of the UDC. Motion by Moore to recommend to City Council approval of the Proposed Unified Development Code (UDC) amendment pertaining to the installation of Columbaria associated with Places of Worship with the addition that item F2D be deleted. Second by Milburn. Approved. (6-0) 9.Public hearing and possible action on a Rezoning from AG, Agriculture district to C-3, General Commercial district for approximately 30.449 acres, more particularly described as 21.102 acres and 9.347 acres in the David Wright Survey, to be known as Buc-ee’s, located on the north and south side of the intersection of Lakeway Drive and IH 35. REZ-2007-022 (VK) Staff report given by Valerie Kreger. The site is composed of two tracts totaling approximately 30.449 acres and is located on both the southwest and northwest corners of Lakeway Drive at IH 35. The existing zoning of the property is AG, Agriculture and currently, the property is undeveloped. The properties are designated as Office/Retail/Commercial on the Future Land Use map and are assigned an Intensity Level of 5 on the Century Plan. The applicant is requesting a rezoning from the AG district to the C-3, General Commercial district. Per the submitted letter of intent, the applicant is seeking the rezoning in order to develop commercial uses including a 24,000 square foot Buc-ee’s gas and convenience store as well as general retail and restaurant uses. Both properties were annexed into the City’s limits on November 28, 2006, (Ord. No. 2006-131 & 2006-133) and assigned the standard interim/holding zoning district of AG. Lakeway Drive is proposed to be relocated to the south, within the southern 9.347 acres of the subject rezoning site. This is proposed as a right of way swap and will shrink the size of the southern tract while adding acreage to the northern tract – therefore not significantly affecting the overall acreage of the project. The realignment project will allow for a safer and more direct crossing of IH 35. The Future Land Use map considers this a retail node intersection appropriate for Office/Retail/Commercial uses. The retail nodes are generally core retail areas and are intended to support limited or light retail activity that would primarily serve nearby residential areas. In this case, the node does not include a mixed use transition buffer and has been set within a larger industrial area, indicating a more general retail or commercial node that would support a larger scale of uses than would a residential serving retail area. General retail is recommended along IH 35 because of the easy accessibility and good visibility. The C-3 district is intended to provide a location for general commercial and retail activities that serve the entire community and its visitors. Uses may be large in scale and generate substantial traffic, making the C-3 district only appropriate along freeways and major arterials. Vice Chair Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Milburn to recommend to the City Council approval of a rezoning of approximately 30.449 acres, more particularly described as 21.102 acres and 9.347 acres in the David Wright Survey, to be known as Buc-ee’s, located on the north and south side of the intersection of Lakeway Drive and IH 35, from AG, Agriculture district to C-3, General Commercial district. Second by McMichael. Approved. (6-0) 10. Public hearing and possible action on a Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for approximately 54.73 acres more particularly described as 34.82 acres in the Francis Hudson, William Addison, Joseph Robertson and J .S. Patterson Surveys and 19.91 acres in the Joseph Robertson and the William Addison Surveys, also known as the Wheeler Tract, located at 2211 County Road 111 (Westinghouse Road). REZ-2007-016 (VK) Staff report given by Valerie Kreger. The property consists of 54.73 acres located at the northeast corner of FM 1460 and CR 111/Westinghouse Road. The applicant is requesting a rezoning from AG, Agriculture district to PUD, Planned Unit Development district with a base zoning district of C-1, Commercial on 28.9 acres and a base district of MF, Multifamily on 26.9 acres. Per the submitted letter of intent (see Exhibit F), the applicant is seeking the PUD in order to “establish zoning regulations and development standards conducive to the creation of a mixed use project.”The current zoning of the property is AG, Agriculture, which reflects the default zoning placed on the property at the time of annexation in 2006 (Ordinance No. 2006-139). The properties adjacent to this tract, as well as the property across Westinghouse Road, were also part of the referenced 2006 annexation and assigned the default Agriculture zoning classification. This property is identified as Office/Retail/Commercial with a Mixed Use transitioning to Residential on the Future Land Use Plan. A Century Plan amendment was recently approved by the City Council on September 11, which assigns this site 18.8 acres of Intensity Level 4 at the interior of the property and 35.9 acres of Intensity Level 5 along FM 1460 and CR 111/Westinghouse Road. The site is currently being used for wood chipping and outdoor storage of manufactured buildings as well as agricultural purposes ; all temporary uses until permanent development can occur. The surrounding properties currently remain mostly undeveloped or sparsely developed. The property to the east has a home and a storage business located on it. Properties to the north and west are currently not within the City limits. To the north are rural residential tracts and to the west is the future Terra Vista Subdivision. The PUD under consideration proposes a mixed use, pedestrian oriented project including a heavy amount of residential. Despite the design standards that have been included with the development plan regarding self storage facilities, staff recommends that the self storage uses as well as the minor vehicle service uses be removed from the list of allowed uses. If the Commission were to determine that either use was appropriate, staff would be recommend that 1) any overhead doors associated with the vehicle service use be screened from view from CR 111 and CR 1460 and 2) the self storage uses also be located at least 200 feet back from the CR 111 right of way and require special use permits as would now be required by the UDC. Vice Chair Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Moore to recommend to the City Council approval of a request to Rezone approximately 54.73 acres more particularly described as 34.82 in the Francis Hudson, William Addison, Joseph Robertson and J .S. Patterson Surveys and 19.91 acres in the Joseph Robertson and the William Addison Surveys, also known as the Wheeler Tract, located at 2211 County Road 111 (Westinghouse Road), from AG, Agriculture district to PUD, Planned Unit Development district with the condition that self storage and minor auto repair uses are prohibited. Second by Milburn. Approved. (6-0) 11.Public hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Office/Retail/Commercial and 2) a Rezoning from RS, Residential Single-Family district to CN, Neighborhood Commercial district for approximately 0.371 acres being Lots 10 and 11 of the Montgomery Addition, Block 1, located at 1903 South Austin Avenue. CPA-2007-009 & REZ-2007-023 (VK) Staff report given by Valerie Kreger . The 0.371-acre site is located on the east side of South Austin Avenue between 17 th and 18 th streets (see Exhibit A). A single-family residence has existed on the site since approximately 1916. The property is currently zoned RS, Residential Single-family and is identified as Residential on the Future Land Use Plan with a Century Plan Intensity Level of 3. This property has represented the zoning and land use limit for commercialization on the east side of Austin Avenue since at least 1965. The applicant is requesting 1) a Future Land Use map amendment to change the designation from Residential to Office/Service and 2) a Rezoning from RS, Residential Single-Family district to CN, Neighborhood Commercial district at this location. With the rezoning, the applicant would redevelop the existing structure to create lease space for tenants such as architects, lawyers or an antique store. However, approval of the rezoning does not require that the existing building remain. In addition, if the property is rezoned to CN and the use changed from residential, the CN zoning district does not allow residential use other than second story residential above commercial. The property is located within the Old Town Overlay district along its southwestern edge. The Old Town Overlay district helps to preserve and protect historic structures and maintain the integrity of the historic character. One of the purposes of the district is to maintain a residential appearance along South Austin Avenue. Any residential property that proposes to convert to commercial use within the Old Town Overlay district must meet the standards in the Design Guidelines for the Downtown Overlay District and is required to apply for a Certificate of Design Compliance. In addition, the property is located in the Belford Historic District, which is on the National Register of Historic Places. This house is identified as a contributing structure to that district. The property, if developed commercially, will also be required to comply with the City’s Gateway Overlay landscaping requirements because of its location along South Austin Avenue. The Office/Service future land use designation supports neighborhood retail services and office uses. Office uses include professional services such as doctors, architects, accountants and real estate brokers. Neighborhood retail uses should serve the retail needs of neighborhoods in close proximity and may include businesses such as florists, beauty salons, dry cleaners or cafés. The CN, Neighborhood Commercial district is intended to provide areas for commercial activity such as the sale of convenience goods and personal service businesses that primarily serve nearby residential areas. Neighborhood commercial areas are generally located within neighborhoods and have pedestrian access to adjacent residential areas. Staff recommends denial of both the Comprehensive Plan amendment and the zoning change. The applicant has not demonstrated a change in the land use in the area or a reason to change the historic pattern of land use at this property. Vice Chair Shield invited the applicant to speak. Betsy Richter, 1903 Austin Ave gave a presentation to the commissioners. Ms. Richter stated due to the traffic and the current conditions along Austin Ave. she feels her property should be commercially zoned. Vice Chair Shield opened the Public Hearing. Bob Hugley, 1208 S. Austin Ave., Peter Dana, 1101 Walnut Street and Rick Williamson, 204 Holly Street Strongly oppose the rezone application. Renee Hanson, 1252 S. Austin Ave. stated she opposes the CN zoning, but may consider an office rezone . J. C. Johnson, 30 East 9 th Street strongly opposes the rezone and applauded the P&Z Commissioners. Michael Giacomin, 1805 S. Austin Ave. (next door neighbor ) and Bill Kaigler 1709 S. Austin Ave. stated they are against the change. Motion by Milburn to recommend to the City Council denial of 1) a Comprehensive Plan amendment to change the Future Land Use from Residential to Office/Service and 2) a Rezoning from RS, Residential Single-Family district to C-1, Local Commercial district for approximately 0.371 acres being Lots 10 and 11 of the Montgomery Addition, Block 1, located at 1903 South Austin Avenue. Second by Padfield. Denied. (6-0) 12. Public hearing and possible action on a Rezoning from OF, Office district to CN, Neighborhood Commercial district for approximately 4.75 acres in the J. Fish Survey, located at 4819 Williams Drive. REZ-2007-025 (VK) Harry Gibbs arrived prior to staff report. Staff report given by Valerie Kreger. The 4.75-acre site is located at the southeast corner of Williams Drive (FM 2338) and Penny Lane. The undeveloped property is currently zoned OF, Office and has a Future Land Use map designation of Office/Service with an Intensity Level of 4 on the Century Plan. The applicant is requesting a rezoning from OF district to CN, Neighborhood Commercial district in order to develop a multi-tenant complex for commercial and retail uses. The property was originally zoned RM-3, Office and Service Use district from its original Agriculture zoning district in April of 2003, after a 2002 denial of a request to rezone to C-1. The RM-3 zoning district was intended to serve as a transitional district, buffering the Gabriel Estates neighborhood from Williams Drive . The district allowed uses such as hospitals and clinics, offices, and personal services as well as any uses allowed in the RM-2 district including apartments. In 2003, the Unified Development Code was adopted, deleting the RM-3 category and changing all properties zoned such to the current OF, Office district. The property, if developed commercially, will also be required to comply with the City’s Scenic Gateway Overlay landscaping requirements because of its location along Williams Drive. The requested zoning district of CN is appropriate given the Future Land Use Map designation of Office/Service and the site’s location along Williams Drive. The Office/Service future land use designation supports neighborhood retail services and office uses. Office uses include professional services such as doctors, architects, accountants and real estate brokers. Neighborhood retail uses should serve the retail needs of neighborhoods in close proximity and may include businesses such as florists, beauty salons, dry cleaners or cafes. The CN district is intended to provide areas for commercial activity such as the sale of convenience goods and personal service businesses that primarily serve nearby residential areas. Neighborhood commercial areas are generally located within neighborhoods and have pedestrian access to adjacent residential areas. Chair Gibbs opened the Public Hearing. Vicki Acosta, 100 Cherry Court is concerned with too much retail in the area. Dave Glanzer, 214 Old Oak Dr. and President of the Homeowners Association stated he is concerned with the traffic on an already congested Williams Drive. Roy Starnes, 237 Old Oak Drive is concerned with the traffic and safety. Kathy Starnes, 237 Old Oak Drive, concerned with traffic and strongly opposes the application. The Public Hearing was closed. Motion by Padfield to recommend to the City Council approval of a rezoning of approximately 4.75 acres in the J. Fish Survey, located at 4819 Williams Drive, from OF, Office district to CN, Neighborhood Commercial district conditioned on an approved sight plan being attached and the prohibition of liquor sale and drive thru restaurants. Second by Lawson. Approved. (6-1) Moore 13.Public Hearing and possible action on a Rezoning from C-3, General Commercial to PUD, Planned Unit Development for approximately 31.935 acres out of the Nicholas Porter Survey being Rivery Park II, Block A, Lots 1-7 and Rivery Park, Block A, Lot 2, located on the east side of Rivery Boulevard, to be known as The Summit at Rivery Park. REZ-2007-027 (EC) At this time Marlene McMichael excused herself from the dais . Staff report given by Elizabeth Cook. The 31.935-acre tract sits on the east side of Rivery Boulevard adjacent to the City’s Rivery Park. Current zoning of the property is C -3, General Commercial, which allows for commercial use of the property. However, the applicant would like to develop the property as a mixed-use corporate and event complex. The PUD, Planned Unit Development zoning designation is needed to allow flexibility in the Unified Development Code (UDC) standards. The application is a rezoning request from C-3 to PUD to accommodate office buildings, a multi-story hotel(s), and an event/conference center. As proposed, the project would also include multi-story parking garages and restaurant pad sites. While the final number, size, and locations of the buildings may vary, the applicant has provided illustrations of what is proposed for the overall development. The purpose of the PUD zoning request is to allow for the development of the project with some flexibility in the application of UDC design standards. The difference between the PUD request and a variance process is the approval of a variance is based upon a physical hardship related to the site. As a result of this hardship the property could not be developed in compliance with specific development standard(s). The PUD allows for anticipated flexibility from the underlying design standards for projects that are deemed unique, or which significantly promote a general plan goal. In the subject case, the mix of uses, protection of environmental features, and enhancement of recreation facilities proposed with this development is deemed to be desirable and needed to help implement the economic development policies identified below (“Basis of Support”). In the PUD document the applicant describes Zone A and Zone B and how the areas will develop. As proposed, some uses of the property would be prohibited including drive-through restaurants; vehicle sales and service; heavy and light industrial uses, warehouse uses, self-storage uses; and place of worship as a primary use. In addition, banking drive-through uses would not be permitted in Zone B. Limited upper-story residential development may be allowed in Zone B, provided that area shall not exceed 30% of the total usable area of the building. Further, the applicant has proposed several improvements to Rivery Park to create linkages between the proposed development and the Park. It is the applicant’s intention to use the Park as an amenity for the hotel/conference center/office development. Included in the proposed Park improvements are an amphitheater, water features, new restroom/concession facilities, riparian restoration, pond enhancement, new Park access, and parking. The PUD document describes “Amenity Areas” that are proposed for outdoor seating, landscaping, pedestrian walkways, water features, etc. to help complement the site’s natural features and the Park. To help fund the Park and other improvements the developer is seeking City Council approval for a Tax Increment Reinvestment Zone (TIRZ) that would allow a percentage of the property’s increased property tax revenue to be used toward these expenses. In the PUD landscape features would be permitted in the setbacks pursuant to Section 6.03.040.B.6, and they would not count toward the overall building footprint limitations. However, they would be calculated toward the impervious cover limitations. The existing C-3 development has a 65% impervious cover limitation, which is proposed to carryover to the PUD. In addition, the existing approval includes a specific tree canopy calculation methodology that will continue with the PUD. The development will need some deviations including the key request, a height modification, as UDC Section 6.03.020 limits the height in the C-3 district to 45 feet. As proposed, the maximum height requested for Zone A would be eight (8) stories or 120 feet. In Zone B, the maximum height would be fifteen (15) stories or 225 feet. Part of the applicant’s justification for the PUD district is to allow height increases in order to preserve Heritage Trees, Significant Tree Stands, and Protected Trees. The second deviation is also from Section 6.03.020 as it relates to side and rear setbacks. As proposed, the property would develop with a unified theme and setbacks between internal lots would not facilitate the proposed pedestrian and mixed use interaction. However, perimeter setbacks at the development edge would remain in place. PUD proposal does not include a Master Sign Plan, but commits to presenting one with the site plan for approval by the Building Official. There is a request for Electronic Message Centers and Encased Neon signs. As proposed, the Message Centers would be allowed in outdoor public areas internal to the property and would not be visible from the public right-of-way. The Encased Neon signs would be permitted on restaurant building facades provided they are a minimum of 100 feet from the public right-of-way. Pursuant to UDC Section 10.04, Electronic Message Centers in fixed or traveling mode and Unshielded Neon are prohibited signs. Therefore, this request represents a deviation from the UDC. In addition, the applicant proposes Monument signs or Low-Profile signs in lieu of Monument signs, Internal Directional signs, and Wall signs on the hotel(s), conference center, and office buildings in Zone B and for the parking garages in both zones. The buildings that are permitted to have Wall sign are expressly identified in the PUD document, so as the proposed number of Wall signs might be more than the number allowed pursuant to UDC Section 10.06.010, this will require a UDC modification. As proposed, the Wall signs would be placed in what the applicant defines as “view corridors”. The hotel has three (3) “view corridors”, and the conference center and office buildings in Zone B have two (2). Specifications for the signs would not exceed the UDC requirements and would be subject to the finally approved Master Sign Plan. As part of the overall development, the applicant is proposing a Reciprocal Access and Parking Easement among all properties for shared parking. The PUD also envisions a parking reduction of up to 20 percent based on a Shared Parking Study to be completed by the developer. This study will be reviewed during the site plan process. As presented, this request appears to mirror the UDC process, so no deviation is needed with the PUD for this item. Chair Gibbs invited the applicant to speak. Dan Clark, 1615 Grand Ave Parkway, Pflugerville, gave a brief presentation and said he would be glad to answer any questions. Vice Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Commissioners commended the applicant. Motion by Shield to recommend to City Council approval of the rezoning from C-3, General Commercial district to PUD, Planned Unit Development district including the proposed UDC deviations for eight lots totaling 31.935 acres in the Nichols Porter Survey, being The Rivery Park II , Block A, Lots 1 through 7 and Rivery Park, Block A, Lot 2, located east of Rivery Boulevard. Second by Milburn. Approved. (6-0) 14.Comments from the Director. Bobby Ray suggested the P&Z meeting be moved from January 1 st to January 3 rd . Will be determined at a later date. 15.Comments from Commissioners. NA Motion to adjourn. Chair Gibbs adjourned the meeting at 9:10p.m. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday,,,, October 25, 2007 The Planning and Zoning Commission will meet on Thursday, October 25, 2007 at 03:00 PM in the Williamson Conference Room, located in the Georgetown Municipal Complex at 300-1 Industrial Ave. Georgetown, TX 78626 If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 03:00 PM The City Council and Planning and Zoning Commission may attend a Planning and Development Department sponsored workshop to review the City Council approved list of 2007-2008 amendments to the Unified Development Code (UDC). Part of this review will be the determination of whether any of the proposed amendments warrant study by a Council directed Task Force. The presentation outline is as follows: Welcome/Introduction Overview of UDC Amendment Process Presentation of Amendment List for 2007-2008 Next Steps Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, October 2, 2007 The Planning and Zoning Commission will meet on Tuesday, October 2, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Action from 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. Consideration of the Minutes of the September 4, 2007, meeting of the Planning and Zoning Commission. Consideration and possible action on a Preliminary Plat for 12.410 acres in the Antonio Flores Survey to be known as Bastian Woods (formally known as Katy Crossing, Section 7), located on FM 971. PP-2007-011 (EC) Postponed at the request of the applicant to the November 6 th meeting Consideration and possible action on a Public Review Final Plat of The Villas at Cimarron Hills, Planned Unit Development, being 3.683 acres in the A.H. Porter Survey, located on Cimarron Hills Trail West. (PP-2007-012) (CB) Postponed at the request of the applicant to the November 6 th meeting Regular Agenda Public hearing and possible action on a Rezoning from Agricultural (AG) to Planned Unit Development (PUD) for approximately 54.73 acres more particularly described as 34.82 acres in the Francis Hudson, Wm. Addison, Joseph Robertson and J .S. Patterson Survey and 19.91 acres in the Joseph Robertson and the Wm. Addison Survey, also known as the Wheeler Tract, located at 2211 County Road 111 (Westinghouse Road). REZ-2007-016 (VK) Postponed at the request of the applicant to the November 6 th meeting Public Hearing and possible action on a Rezoning from OF, Office District to C-1, Local Commercial District for 15.09 acres known as Tract A, Block 26 of Sun City Georgetown, Phase 2, Neighborhood 1-D located at the northeast corner of Williams Drive and Del Webb Boulevard. REZ-2007-020 (BR) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Oct22007/REZ-2007-020.pdf Consideration and possible action regarding forwarding suggested Unified Development Code (UDC) amendments to the City Council for possible inclusion in the 2006-2007 UDC amendment process. For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Oct22007/2007-2008UDC.pdf Comments from Director. Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, October 2, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , October 2, 2007. Members Present: Harry Gibbs, Chair; Sarah Milburn, Marlene McMichael, and Patrick Lawson and Don Padfield Members Absent: Will Moore, Secretary; Jennifer Shield, Vice Chair Staff Present: Bobby Ray, Director; Elizabeth Cook, Principal Planner and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Planning & Zoning Commission Minutes October 2, 2007 Page 3 of 3 Vice Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs 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. 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 may 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. Consideration of the Minutes of the September 4, 2007, meeting of the Planning and Zoning Commission. Motion by Milburn to approve the September 4, 2007 minutes. Second by Padfield. Approved 5-0. Regular Agenda Public Hearing and possible action on a Rezoning from OF, Office District to C-1, Local Commercial District for 15.09 acres known as Tract A, Block 26 of Sun City Georgetown, Phase 2, Neighborhood 1-D located at the northeast corner of Williams Drive and Del Webb Boulevard. REZ-2007-020 (BR) Staff report given by Bobby Ray. The subject property totals 15 acres and is located at the northeast corner of Williams Drive and Del Webb Boulevard at the entrance of Sun City. Primary access to the site is provided from Williams Drive, with additional access from Yellow Rose Trail to the east. The vacant property is currently zoned as OF, Office with a Future Land Use designation of “Commercial”. The site was annexed into the City in 1995 and was zoned as “C-1”, Local Commercial and “RP”, Residential Planned. The property was first rezoned in 1997 (Ordinance No. 97-37) from “C-1” and “RP”, to “RM-3”, Office and Service Use. The 1997 zoning was intended to allow for an assisted living center at this location; however the development was never pursued. With the adoption of the Unified Development Code (UDC) in 2003 the “RM-3”, Office and Service Use district was transitioned to the “OF”, Office zoning district. The current “OF” district does not allow the type of development proposed with this application. The property was platted in 1997. The applicant is proposing a “C-1”. Local Commercial zoning district to allow for the development of a “Continuum Care Retirement Community”. A Continuum Care Retirement Community (CCRC) is a retirement community offering a continuum of health care and living facilities to correspond to the level of resident independence. Residents receive all related health care on the grounds of the facility. Staff is supportive of the proposed rezoning request on the basis that the underlying land use designation is “Commercial”, and the C-1 district is consistent with surrounding zoning. Staff’s concerns with the proposed development include: (1) how to ensure that the proposed CCRC is developed once the C-1 zoning is in place; and, (2) the compatibility of retail / commercial development with the adjacent residential neighborhood to the east. Chair Gibbs invited the applicant to speak. Keith Rayl, 611 Richardson Circle, Belton. gave a presentation and stated the center does not need all 15 acres, therefore the center will use 8 acres and retail/commercial development is planned for the rest of the acreage. Mr. Rayl stated he can not commit to placing CCRC as requested by the city staff, but stated he shares the concerns with the local residents and wants retail/commercial developments who are good neighbors as well. Commissioner Milburn stated that it makes sense to not place the retail/commercial next to Sun City residence and to place CCRC between retail/commercial and Sun City residents to provide a buffer. Mr. Rayl stated that if this request pass, then he feels CCRC will not be built due to the restriction. Commissioner Lawson feels that passing a C-1 zoning will place a 3 story building up next to a residential home which is not good planning. Chair Gibbs opened the Public Hearing. Nancy Greathouse, 111 Plover Pass. She thanked the city staff for being very informative when she came to the office. Ms. Greathouse stated she supports the development; however she would like the development rezoned as CN, which is more restrictive instead of C-1. James, G. and Frances Thompson, 102 Plover Pass; Florence and Larry Gautier, 100 Plover and Ron Stephenson, 102 Yellow Rose Trail spoke and agreed with Ms. Greathouse. Gail Davis, 100 Poppy Trail stated she is supportive of the assistant living being built, but is very concerned with the kind of retail /commercial proposed for the development. Some residents would like a buffer between their homes and the development. Pat W. Green, 103 Falcon Cove stated CCRC has been a great support for both her and Gaz Green. She strongly feels Sun City needs this facility and hopes the council will approve the applicant’s request. Gaz Green, 103 Falcon Cove and Mert Darling, 114 High Trail Drive also agreed with Ms. Green. The commissioners and staff discussed the access to the development and placing a buffer. Motion by McMichael to recommend to City Council approval of the Rezone from OF , Office District to C-1, Local Commercial District for 15.09 acres known as Tract A, Block 26 of Sun City Georgetown , Phase 2, Neighborhood 1-D located at the northeast corner of Williams Drive and Del Webb Boulevard with the following conditions: (1) a minimum of 8-acres be allocated exclusively to the development of a Continuum Care Retirement Community and ancillary uses; and, (2) provide a Type “C” buffer (Section 8.08.030.F. of the Unified Development Code) between the site and the lots fronting on Plover Pass and (3) submittal of the site plan to City Council for review and approval. Second by Padfield. Approved 5-0. Consideration and possible action regarding forwarding suggested Unified Development Code (UDC) amendments to the City Council for possible inclusion in the 2006-2007 UDC amendment process. Staff report by Bobby Ray. Mr. Ray stated the amendments give to the commissioners shall be presented to City Council October 13 th . Motion by Milburn to recommend to the City Council approval of the proposed list of UDC Amendments and direct staff to begin the amendment process. Second by McMichael. Approved. 5-0. Comments from the Director. Bobby Ray informed the Commissioners there are two public workshops regarding the future land use plan Scheduled for Thursday, October 4th at 7:00pm.in Council Chambers and again Friday, October 5th at 9:00am in Council Chambers. Also, there will be a Steering Committee meeting Wednesday night. Comments from Commissioners. NA Motion to adjourn. Chair Gibbs adjourned the meeting at 8:20p.m. Notice of Meeting of the Planning and Zoning Commission and Governing Body of the City of Georgetown City of Georgetown, Texas Friday,,,, September 14, 2007 The Planning and Zoning Commission and Governing Body of the City of Georgetown will meet on Friday, September 14, 2007 at 02:00 PM in the Georgetown Public Library, Friends Room, located at 402 West 8th Street Georgetown, Texas 78626 If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission and Governing Body of the City of Georgetown Members: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission and Governing Body of the City of Georgetown meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 02:00 PM The Georgetown City Council and Planning and Zoning Commission have been invited and may possibly attend a public meeting conducted by the City’s consultant, Civic Design Associates, and City Staff. The meeting is a presentation of concepts stemming from the September 12, 2007 public workshop regarding the City’s proposed Transit Oriented Development (TOD) district. The TOD district is in conjunction with the proposed station serving the future Austin – San Antonio Intermunicipal Commuter Rail Corridor located in the vicinity of Georgetown Southeast Inner Loop and Maple Street. This meeting is open to the public. There will be no deliberation or voting on matters by the attending Governing Body or Planning and Zoning Commission. The presentation outline is as follows : 1.Presentation of Initial Concepts 2.Group Discussion / Q & A 3.Adjourn Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Notice of Meeting of the Planning and Zoning Commission and Governing Body of the City of Georgetown City of Georgetown, Texas Wednesday,,,, September 12, 2007 The Planning and Zoning Commission and Governing Body of the City of Georgetown will meet on Wednesday, September 12, 2007 at 09:00 AM in the Georgetown Public Library, Friends Room, located at 402 West 8th Street Georgetown, Texas 78626 If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission and Governing Body of the City of Georgetown Members: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission and Governing Body of the City of Georgetown meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 09:00 AM The Georgetown City Council and Planning and Zoning Commission may possibly attend a public meeting conducted by the City’s consultant, Civic Design Associates, and City Staff. The meeting is a workshop to solicit public input into the ordinance implementing the City’s Transit Oriented Development (TOD) district. The TOD district is in conjunction with the proposed station serving the future Austin – San Antonio Intermunicipal Commuter Rail Corridor located in the vicinity of Georgetown Southeast Inner Loop and Maple Street. This workshop is open to the public for the receipt of input concerning the proposed ordinance . There will be no deliberation or voting on matters by the attending Governing Body or Planning and Zoning Commission. The presentation outline is as follows : 1.Sign-in and breakfast 2.Opening Presentation, Background and Context 3.Group Workshop, vision for the study area 4.Wrap-up and adjourn Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, September 4, 2007 The Planning and Zoning Commission will meet on Tuesday, September 4, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM Regular Session - To begin no earlier than 6:00 p.m. (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Action from 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. Consideration of the Minutes of the August 7, 2007, meeting of the Planning and Zoning Commission. 3.Consideration and possible action on a Preliminary Plat for 66.71 acres in the William Addison Survey to be known as Pinnacle Subdivision Phases 2 - 4, located south of the Inner Loop and east of the future extension of Maple Street. PP-2007-003 (EC) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/PP-2007-003.pdf 4.Consideration and possible action on a Final Plat of the Resubdivision of Lot 32, Logan Ranch, Section 1, located at 331 Logan Ranch Road FP-2007-025(CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/FP-2007-025.pdf 5.Consideration and possible action on a Revised Preliminary Plat of Teravista Subdivision, Sections 310, 311, 312 and 313, located at the intersection of Westinghouse Road and FM 1460. PP-2007-010 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/PP-2007-010.pdf Regular Agenda 6.Public hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Business Park for 50.62 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 to be known as Longhorn Junction Business Park, and 2) a Rezoning from AG, Agriculture district to BP, Business Park district for 29.44 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 and to IN, Industrial district for 21.18 acres in the Lewis J. Dyches Survey, Abstract Number 180, located approximately 2000 feet southeast of the intersection of SE Inner Loop and Blue Springs Road. CPA-2007-004 and REZ-2007-011 (EC) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/CPA-2007-004&REZ-2007-01 1.pdf 7.Public hearing and possible action on a Comprehensive Plan Amendment from Intensity Level 1 to Intensity Level 3 for 10.55 acres out of the Isaac Donagan Survey to be known as 29 Oaks, located on Hwy 29 W. CPA-2007-006 (EP) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/CPA-2007-006.pdf 8.Public hearing and possible action on a Comprehensive Plan Amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Level from 1, 3, 4, and 5 to 3 for 1,013.527 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245. CPA-2007-007 (EP) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/CPA-2007-007.pdf 9.Public hearing and possible action on a Rezoning from (AG) Agriculture to (PUD) Planned Unit Development and consideration and possible action on a Preliminary Plat with a Waiver for 48.191 acres out of the I. and G.N. R.R., J. D. Johns and W.E. Pate Surveys to be known as Water Oak at San Gabriel, Phase Two, located off of FM 2243, near Escalera Ranch. REZ-2007-014 and PP-2007-006 (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/REZ-2007-014&PP-2007-006. pdf 10.Public hearing and possible action on a Rezoning from (AG) Agriculture to (PUD) Planned Unit Development and consideration and possible action on a Preliminary Plat for 1.09 acres in the J.T. Church Survey, J.D. Johns Survey and W.E. Pate Survey to be known as Water Oak at San Gabriel, Phase IIIA, Lot 1, located north of RM 2243. REZ-2007-015 & -PP-2007-009 (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/REZ-2007-015&PP-2007-009. pdf 11.Public hearing and possible action on a Rezoning from RS, Residential Single-Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460. REZ-2007-018 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/REZ-2007-018.pdf 12.Public hearing and possible action on a Rezoning from AG, Agricultural district to C-1, Local Commercial district (21.41 acres), MF, Multifamily district (42.0 acres) and RS, Residential Single-Family district (20 acres) for two tracts totaling approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop. REZ-2007-019 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/REZ-2007-019.pdf 13.Public hearing and possible action on a Variance to Section 34020F.3 of the Subdivision Regulations for Logan Plateau Estates, Block B, Lot 10, located at 202 Laverne Terrace. VAR-2007-006 (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Sept42007/VAR-2007-006.pdf 14.Comments from Director. 15.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, September 4, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , September 4, 2007. Members Present: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, and Patrick Lawson and Don Padfield Members Absent: none Staff Present: Ray, Director; Elizabeth Cook, Principal Planner; Ed Polasek, Principal Planner, Valerie Kreger, PlannerIII and Stephanie McNickle, Recording Secretary Minutes Regular Meeting Vice Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs 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. 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 may 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. Consideration of the Minutes of the August 7, 2007, meeting of the Planning and Zoning Commission. Consideration and possible action on a Preliminary Plat for 66.71 acres in the William Addison Survey to be known as Pinnacle Subdivision Phases 2 - 4, located south of the Inner Loop and east of the future extension of Maple Street. PP-2007-003 (EC) Consideration and possible action on a Final Plat of the Resubdivision of Lot 32, Logan Ranch, Section 1, located at 331 Logan Ranch Road FP-2007-025 (CB) Consideration and possible action on a Revised Preliminary Plat of Teravista Subdivision, Sections 310, 311, 312 and 313, located at the intersection of Westinghouse Road and FM 1460. PP-2007-010 (CB) Motion by Moore to approve the consent agenda items, which includes the August 7, 2007 minutes. Second by McMichael. Approved 7-0. Regular Agenda Public hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Business Park for 50.62 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 to be known as Longhorn Junction Business Park, and 2) a Rezoning from AG, Agriculture district to BP, Business Park district for 29.44 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 and to IN, Industrial district for 21.18 acres in the Lewis J. Dyches Survey, Abstract Number 180, located approximately 2000 feet southeast of the intersection of SE Inner Loop and Blue Springs Road. CPA-2007-004 and REZ-2007-011(EC) Staff report given by Elizabeth Cook. The applicant is requesting 1) a Future Land Use Map amendment to change the designation from “Residential” to “Business Park” on the 52.62 acres and 2) a rezoning from the temporary designation of “AG, Agriculture” to “BP, Business Park” for 29.44 acres (Lot 1) on the west side of the property and “IN, Industrial” for the eastern 21.18 acres (Lot 2). The applicant indicates that this site is part of a larger mixed use project . As presented by the applicant, with this application there are two projects planned for the site: Lot 1 – A data processing center, similar to the adjoining Citicorp data center, is proposed. The applicant indicates that it will be approximately 310,000 square feet (296,000 square feet of data processing and 14,000 square feet of office). Lot 2 – A light industrial facility of approximately 108,000 square feet to manufacture and assemble components (Phase 1 will be 54,000 square feet). This facility is for the relocation of the current Airborn facility. The 50.62-acre site is part of a larger tract and two smaller lots within Georgetown’s Extraterritorial Jurisdiction (ETJ). There is a pending companion annexation request that will need to be completed prior to action on the Comprehensive Plan Amendment and Rezoning. Currently, the property is vacant. The property is planned for Residential uses in the Comprehensive Plan . The Unified Development Code (UDC) requires a Type C Bufferyard between Industrial zoning districts and any other zoning district. However, the adjacent residential subdivision is in the ETJ and does not have the same bufferyard protection as property within the City limits. Staff recommends that a Type C Bufferyard be required between the business park’s industrial uses with the ETJ to help mitigate the more intense uses on the adjoining residential uses. Chair Gibbs invited the applicant to speak. Bruce Barton, representing the applicant stated he will be glad to answer any questions. Commissioner Milburn asked what kind of machines and noise will be expected from Airborn. Mr. Barton stated Airborn is located next to Apple Creek Apartments and there has never been a complaint regarding the noise. Mr. Barton stated Airborn currently has 400 employees and after they move to their new address the number of employees could double. Commissioner Milburn asked the applicant if there is a way to swap the proposed industrial lot with the proposed business park lot, so not to affect the adjacent property owners. Mr. Barton stated switching the lots would not fit the needs of the applicant. Chair Gibbs opened the Public Hearing. Johnny Stanford, 430 CR 166, his property is adjacent to the proposed industrial lot and informed the Commissioners the Industrial lot is deed restricted for residential only and the owners of this land agreed to this, but are now wanting to go against this legal document. Mr. Stanford stated that if the City gives the applicant permission, then they are giving them permission to violate a legal document. Mr. Stanford stated if the City gives permission then there needs to be some restrictions. He stated there is not a retention pond for the water run off on the property. He questions the lights, the air quality, noise level restrictions, ground water pollution since he and his neighbors each have a well and the traffic of 800 employees going back and forth to work all hours of the day and night. Mr. Stanford stated he has a big problem with developers and companies violating a legal document . The Public Hearing was closed . Mr. Barton stated they are well aware of the deed restriction is what determines the use of the property and feels there will not be a problem with noise or pollution. Commissioner Moore asked for the City Attorney to comment. He feels that he does not want to support if this company is violating a deed restriction. Trish stated the deed restriction is a contractual agreement between private parties and is enforced by these parties. Zoning is between the city and the landowner to determine whether that land is suitable for requested zoning. Commissioner Milburn is not happy with allowing an industrial zoning to property with being so close to residents and a major issue with the applicant not willing to swap the two lots so that these residents are not backed up to an industrial zone lot and because of this she will not support the applicant’s request. Commissioner Moore stated that he agreed with his colleague and will not support this request. Commissioner Moore and Commissioner Lawson both stated that putting an industrial use next to residential regardless the size the lot is not right. Motion by Padfield to recommend to City Council approval of 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Business Park for 50.62 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 to be known as Longhorn Junction Business Park, and 2) a Rezoning from AG, Agriculture district to BP, Business Park district for 29.44 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 and to IN, Industrial district for 21.18 acres in the Lewis J. Dyches Survey, Abstract Number 180, with the condition that any industrial uses be limited to light industrial services and the Business Park will have a Type C Bufferyard along the boundaries with the ETJ, located approximately 2000 feet southeast of the intersection of SE Inner Loop and Blue Springs Road. Second by Sheild. Approved 4-3. (Opposed: Moore, Milburn & Lawson) 7.Public hearing and possible action on a Comprehensive Plan Amendment from Intensity Level 1 to Intensity Level 3 for 10.55 acres out of the Isaac Donagan Survey to be known as 29 Oaks, located on Hwy 29 W. CPA-2007-006 (EP) Staff report by Ed Polasek. An application has been received to change from Intensity Level 1 to Intensity Level 3 for the subject property. There is no specific use or tenant proposed for the property at this time . The tentative uses are all non-residential in nature. The City and applicant have delayed processing of the application for a month to work on details of conservation design around the proposed site that would satisfy the South San Gabriel Basin requirements. A preliminary plat has been submitted that would buffer/preserve open space adjacent to the proposed Shadow Canyon Open Space related to karst features and buffer the proposed development from residential lots in Shadow Canyon. Chair Gibbs invited the applicant to speak. Tim Hunter, representing the applicant stated he will be glad to answer any questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael that after holding the required Public Hearing, recommend to the City Council approval of the Comprehensive Plan Amendment Intensity Map from Intensity Level 1 to Intensity Level 3 for 10.55 acres out of the Isaac Donagan Survey to be known as 29 Oaks, located on Hwy 29 W. Second by Sheild. Approved 7-0. 8. Public hearing and possible action on a Comprehensive Plan Amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Level from 1, 3, 4, and 5 to 3 for 1,013.527 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245. CPA-2007-007 (EP) Staff report given by Ed Polasek. In early 2006, the City approved a Comprehensive Plan Amendment and Development Agreement with Somerset Hills, Ltd, for the proposed Cowan Springs Development. The Development Agreement consisted of 1202.68 acres of land east of CR 245 and north of the Sun City. This application includes an additional 320 acres west if CR 245, extending to FM 2338, and amending the Future Land Use and Intensity on approximately 693 acres of the original Development Agreement area . The applicant has requested to make the following changes to the Century Plan : Intensity Map Revisions: Intensity Level 3 Area – Change the entire Project Area to Intensity Level 3. The calculation of total living units and square feet of non-commercial uses have been calculated to average out to a Intensity Level 3 across the property. This would change 212 acres from Intensity Level 4 to Level 3 and 213 acres from Level 5 to Level 3. The new 320 acres tract being added to the Development area is currently at Intensity Level 1 and would be changed to Intensity Level 3 as well. Chair Gibbs invited the applicant to speak. Mark Baker representing the applicant gave a visual presentation and stated he will be glad to answer any questions. Mr. Baker stated they will start with the residential phase and move to the mixed-use. Chair Gibbs opened the Public Hearing. Frances Bradley, Director of Northlake Landowners Association stated he strongly objects to the intensity level change for only 20 acres located on the corner of FM 2338 and Ridgewood Drive. Mr. Bradley understands that change happens, but requests only the 20 acres which has not changed in 3 decades to not be changed. The Public Hearing was closed. Motion by Sheild to recommend to the City Council conditional approval of the requested amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Level from 1, 3, 4, and 5 to 3 for 1,543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245. The four conditions are outlined in the Special Considerations. Second by Moore. Approved 7-0. Public hearing and possible action on a Rezoning from (AG) Agriculture to (PUD) Planned Unit Development and consideration and possible action on a Preliminary Plat with a Waiver for 48.191 acres out of the I. and G.N. R.R., J. D. Johns and W.E. Pate Surveys to be known as Water Oak at San Gabriel, Phase Two, located off of FM 2243, near Escalera Ranch. REZ-2007-014 and PP-2007-006 (JM) Staff report given by Jordan Maddox. Concurrent with the zoning application is a preliminary plat, which uses standards from the specific PUD development plan, which reference said development agreement. This PUD proposes 145 single-family detached residential lots with 8.81 acres of open space, which includes a cave and its environmental setback. The overall density of this phase is approximately 3 units/acre. The smallest residential lot in this phase is 0.155 acres and the largest is 0.451 acres. This neighborhood contains two stubs into Escalera Ranch - Section 6, a previously platted neighborhood of mostly 1-acre lots, directly west of here. Escalera Parkway, one of those stubs, is the only collector-level road in this phase; it connects to Water Oak Parkway, a major arterial, located in Phases One and Three. Water Oak Parkway will contain a wide treed median and a large right-of-way that will accommodate hike and bike trails, trees, buffers from the roadway and connections to neighborhood streets and nature trails. Additionally, many of the local streets in this section contain wider rights-of-way, preserving trees and promoting walk-ability, while reducing actual pavement widths. Native and drought-tolerant landscaping, native trees, and preservation of sensitive features are key elements of the conservation design and the development agreement mandates their inclusion in this and other Water Oak neighborhoods. The development agreement provides for flexibility for lot dimensions, although each lot here meets minimum UDC requirements. There is an impervious cover bonus per lot that is spelled out in the development plan, as well. A traffic impact analysis was conducted for the entire project and meets the criteria required Water and wastewater will be provided by the City of Georgetown. The wastewater line mentioned previously does not exist as of this meeting, but an on-site extension of the line will be in the ground before homes are built on the site. Pedernales Electric Co-Op is the electricity provider. There is a waiver request along with the Preliminary Plat to waive the driveway separation , described in Section 12.03.010.D.5 in the UDC, for Escalera Parkway for 16 lots. The UDC calls for a minimum of 125’ driveway separation for collector-level roads, the separation on the submitted plat would be roughly 70’. The applicant requested the waiver on the basis that Escalera Parkway was an existing collector from another development (which has mostly three-acre lots), minimal traffic would travel on it, the current pavement width is Escalera Ranch is significant smaller and open space fronts one whole side of the road in the new section, thereby reducing the number of driveways on this stretch. Staff reviewed the request and found that, given the circumstances of the road, this waiver would not be detrimental to the public health, safety, or welfare nor would it conflict with the Comprehensive Plan or the purposes of the code. Staff had specific conditions to make a recommendation, which include the posting of lower speeds and some other traffic calming measures. Based on these assurances, staff is in support of the waiver request for Escalera Parkway. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed . Motion by Milburn to recommend to City Council approval of the Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 1.092 acres in the J.T .Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A, located at RM 2243 the future Water Oak Parkway and to recommend to City Council approval of the Preliminary Plat for 1.092 acres in the J.T. Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A. Second by Shield. Approved 7-0. 10. Public hearing and possible action on a Rezoning from (AG) Agriculture to (PUD) Planned Unit Development and consideration and possible action on a Preliminary Plat for 1.09 acres in the J.T. Church Survey, J.D. Johns Survey and W.E. Pate Survey to be known as Water Oak at San Gabriel, Phase IIIA, Lot 1, located north of RM 2243. REZ-2007-015 & -PP-2007-009 (JM) Staff report given by Jordan Maddox. The applicant petitioned for voluntary annexation on June 20, for 268.3 acres, including the area being zoned PUD in this application, which is currently in the process and will completed prior to adoption of the zoning and plat. Once annexed, the default zoning of AG, Agriculture will be applied, which be changed to PUD upon second reading of the zoning ordinance for this application. The reason for the PUD designation is to incorporate conservation design standards that vary from the UDC. Although, most of the design standards for this tract vary little from the UDC, the overall project contains numerous conservation design principles that led to the usage of the PUD. Any UDC variations relating to this plat and zoning applications variations are contained in the PUD development plan. As part of the development agreement, the City and Water Oak have agreed that a building materials palette and master sign plan will be submitted on final plat. These issues are touched on in the development plan and will be completed at the date of final plat submittal. Until what is presented is acceptable to the City, the final plat will not be approved, although staff does not foresee that happening. Native and drought-tolerant landscaping, native trees, and preservation of sensitive features are key elements of the conservation design and the development agreement mandates their inclusion in this and other Water Oak phases. Impervious cover for this sales center is 80% and the rest of the commercial lot standards are described in the development agreement. A traffic impact analysis was conducted for the entire project and meets the criteria required. Water and wastewater will be provided by the City of Georgetown. The wastewater line mentioned previously does not exist as of this meeting, but an on-site extension of the line will be in the ground before homes are built on the site. Pedernales Electric Co-Op is the electricity provider. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed . Motion by Moore to recommend to City Council approval of the Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 1.092 acres in the J.T Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A, located at RM 2243 the future Water Oak Parkway and to recommend the Preliminary Plat for 1.092 acres in the J.T. Church., J.D. Johns and W.E. Pate Surveys, to be known as the Water Oak at San Gabriel, Phase Three-A. Second by Shield. Approved 7-0. Public hearing and possible action on a Rezoning from RS, Residential Single-Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460. REZ-2007-018 (VK) Staff report given by Valerie Kreger. The applicant is requesting a rezoning from RS, Residential Single-Family District to C-1, Local Commercial District. The C-1 district is “intended to provide areas for commercial and retail activities that primarily serve residential areas.” The district permits restaurant, office, retail and personal service oriented uses and limits repair oriented retail sales and service uses to 10,000 square feet. Vehicle sales and service, including fuel service, minor and major vehicle service and repair, as well as vehicle sales, rental or leasing are prohibited within the C-1 district. That said, the applicant’s current business adjacent to this lot (Pro Auto Glass) could not use this property for on-site repair work. This property is the western half of Lot 2, Block 1, of the Highland Park revised plat. The eastern half of the original Lot 2 (2B) was rezoned to C-1 in July, 2001, and is currently developed with a real estate office. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael to recommend to the City Council approval of a Rezoning from RS, Residential Single-Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460. Second by Milburn. Approved 7-0. Public hearing and possible action on a Rezoning from AG, Agricultural district to C-1, Local Commercial district (21.41 acres), MF, Multifamily district (42.0 acres) and RS, Residential Single-Family district (20 acres) for two tracts totaling approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop. REZ-2007-019 (VK) Staff report given by Valerie Kreger. The site is composed of two tracts totaling approximately 84.0 acres and is located at the southwest corner of CR 110 and SE Inner LoopThe existing zoning of the property is AG, Agriculture and currently, the property is undeveloped and under agricultural use. The property is designated as Office /Retail/Commercial, Mixed Use, and Residential on the Future Land Use map and is assigned an Intensity Levels of 2, 3 and 5 on the Century Plan.The applicant is requesting a rezoning from “AG, Agriculture” district to 21.41 acres of “C-1, Local Commercial” district, 42.0 acres of “MF, Multifamily” district and 20.0 acres of “RS, Residential Single-Family” district. The applicant is seeking the rezoning in order to develop commercial uses along the Inner Loop transitioning to apartments and then less dense residential development at the southeast corner of the property along CR 110. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed . Motion by Lawson to recommend to the City Council approval of a Rezoning of approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop, from AG, Agriculture district to C-1, Local Commercial district (21.41 acres), MF, Multifamily district (42.0 acres) and RS, Residential Single-Family district (20.0 acres). Second by Padfield. Approved 7-0. Public hearing and possible action on a Variance to Section 34020F.3 of the Subdivision Regulations for Logan Plateau Estates, Block B, Lot 10, located at 202 Laverne Terrace. VAR-2007-006 (VK) Staff report given by Valerie Kreger. Logan Plateau subdivision was platted prior to the Unified Development Code and is subject to the Subdivision Regulations. Section 34020F.3 of those regulations requires that driveway access for corner lots be taken from the lower classification street. The subject lot is located at the southwest corner of Laverne Terrace and Lovie Lane . Laverne Terrace is classified as a local street and Lovie Lane is classified as a collector level street . The applicant proposes to construct a single-family residence facing Laverne Terrace with driveway access taken from Lovie Lane, the higher classification street (See Exhibit C). Three adjacent lots have previously received approval to locate driveway access onto the higher classification street; those being 201 Jaydee Terrace (behind the subject lot), 201 Laverne Terrace (directly across the street) and 113 Laverne Terrace (diagonal across Lovie Lane). The applicant is requesting that the Commission approve the proposed driveway access off Lovie Lane, a collector level street instead of Laverne Terrace, the required local street. Section 34020F.3 states that “Corner lots adjacent to streets of unequal classification shall access the lower classification street only and only one drive approach shall be allowed except as otherwise approved by the Commission.” Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed . Motion by Shield to approve the requested Variance to Section 34020F.3 of the Subdivision Regulations to allow driveway access to Lovie Lane, a collector level street, instead of the required Laverne Terrace, a local street, for Logan Plateau, Block B, Lot 10, located at 202 Laverne Terrace. Second by Milburn. Approved 7-0. Comments from the Director. Bobby Ray stated staff will be working with a task force regarding the Conservation Subdivision ordinance and will bring the ordinance back to Council during the February meeting. Comments from Commissioners. Commissioner Milburn stated her concerns with the growth of these approved subdivisions and the school keeping up with demand. She questioned since there is money dedicated for parkland fees can there be money set aside for school buildings by developers. Mr. Brashear, representing the school district stated there is not a legal authorization for cities to collect money for schools. The Legislature chose not to address this issue . Motion to adjourn. Chair Gibbs adjourned the meeting at 8:15p.m.Vice Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday,,,, August 21, 2007 The Planning and Zoning Commission will meet on Thursday, August 21, 2007 at 03:00 PM in the City Council Chambers, located at 101 E. 7th If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 03:00 PM Notice is hereby given that members of the Georgetown City Council and Planning and Zoning Commission will meet on Tuesday, August 21, 2007 at 3:00 p.m. at the City Council Chambers located at 101 E. 7th Street, Georgetown, Texas 78626. Item to be discussed: Presentation and discussion of the proposed development project currently being referred to as Adkins Ranch located on approximately 600 acres at the northwest corner of Shell Rd. and SH – 195. No action will be taken at this meeting. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, August 7, 2007 The Planning and Zoning Commission will meet on Tuesday, August 7, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from 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 June 28, 2007 and July 5, 2007 meetings of the Planning and Zoning Commission. 3.PP-2007-008 – Consideration and Possible Action on a Reinstatement of a Public Review Final Plat of 29.96 acres in the Frederick Foy Survey, to be known as Woodland Park, Phase 4-B, located at the end of Woodland Park Drive, with reinstatement of the approved variances to the Subdivision Regulations. (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/PP-2007-008.pdf Regular Agenda 4.CPA-2007-005 – Public Hearing and Possible Action on a Comprehensive Plan Amendment for a 54.73 acre tract more particularly described as 34.82 acres in the Francis Hudson, Wm. Addison, Joseph Robertson and J .S. Patterson Survey and 19.91 acres in the Joseph Robertson and the Wm . Addison Survey, also known as the Wheeler Tract, located at 2211 County Road 111. (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/CPA-2007-005.pdf 5.REZ-2007-013 – Public Hearing and Possible Action to Rezone from (RS) Residential to (MU-DT) Mix Use Downtown 0.139 acres out of Lost Addition, Block 63, located at 1006 Rock Street. (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/REZ-2007-013.pdf 6.REZ-2007-014 and PP-2007-006 – Public Hearing and Possible Action to Rezone from (AG) Agriculture to (PUD) Planned Unit Development and Consideration and Possible Action on a Preliminary Plat for 48.191 acres out of the I. and G.N. R.R., J. D. Johns and W.E. Pate Surveys to be known as Water Oak at San Gabriel, Phase Two, located off of FM 2243, near Escalera Ranch. (JM) Proposed postponement to the September 4, 2007 Planning and Zoning Meeting. 7.REZ-2007-015 and PP-2007-007 – Public Hearing and Possible Action to Rezone from (AG) Agriculture to (PUD) Planned Unit Development and Consideration and Possible Action on a Preliminary Plat for 122.521 acres out of the I. and G.N. R.R., J.D. Johns, W.E. Pate, J. Thompson Surveys and Key West Irrigation Surveys to be known as Water Oak at San Gabriel, Phase One and Three, located off of FM 2243, near Escalera Ranch. (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/REZ-2007-015&PP-2007-0 07.pdf 8.REZ-2007-017 – Public Hearing and Possible Action to Rezone from (OF) Office to (RS) Residential Single-family for 0.179 acres out of the Booty and Lesueur Addition, Block 1, Lot 4, located at 1308 Hart Street. (BR) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/REZ-2007-017.pdf 9.PP-2007-003 – Consideration and Possible Action on a Preliminary Plat for 66.71 acres in the William Addison Survey to be known as Pinnacle Subdivision Phases 2 - 4, located south of the Inner Loop and east of the future extension of Maple Street. (EC) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/PP-2007-003.pdf 10.VAR-2007-005 – Consideration and Possible Action on a Waiver request to allow utilization of the platted setbacks at the South Town Industrial Park, Lot 1, located on South Austin Avenue at 21st Street, pursuant to Section 1.03 C. of the Unified Development Code (UDC)(CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/VAR-2007-005.pdf 11.Public Hearing and Possible Action on a recommendation to the City Council regarding adoption of a proposed Conservation Subdivision amendment to the Unified Development Code (UDC) (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/August72007/UDC_amendment_pt1.p df http://www.georgetown.org/gis/plds/PandZ/August72007/UDC_amendment_pt2.p df 12.Comments from Director. 13.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, August 7, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , August 7, 2007. Members Present: Jennifer Shield, Vice Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, and Patrick Lawson. Members Absent: Harry Gibbs, Chair and Don Padfield Staff Present: Bobby Ray, Director; Elizabeth Cook, Principal Planner; Carla Benton, Planner and Stephanie Mickan McNickle, Recording Secretary Minutes Regular Meeting Vice Chair Shield called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs 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. 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 may 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. 2-3. Motion by Moore to approve the consent agenda items , which includes the August 30, 2007 minutes. Second by McMichael. Approved 5-0. Regular Agenda 4.CPA-2007-005 – Public Hearing and Possible Action on a Comprehensive Plan Amendment for a 54.73 acre tract more particularly described as 34.82 acres in the Francis Hudson, Wm. Addison, Joseph Robertson and J .S. Patterson Survey and 19.91 acres in the Joseph Robertson and the Wm. Addison Survey, also known as the Wheeler Tract, located at 2211 County Road 111. (VK) Staff report by Valerie Kreger. The 54.73-acre site is located at the northeast corner of FM 1460 and CR 111 (Westinghouse Rd.). Previously, the site was used as a wood chipping facility and for outdoor storage of construction equipment. The property is identified as Mixed Use on the Future Land Use Plan and is currently zoned AG, Agriculture. A future zoning change application for a mixed use development is anticipated. The property currently has 29.9 acres of Intensity Level 3, 13.0 acres of Intensity Level 4 and 11.8 acres of Intensity Level 5. The proposed amendment to the Century Plan would assign Intensity Level 4 to the interior 18.8 acres and Intensity Level 5 to 35.9 acres along FM 1460 and Westinghouse Rd. This increase in Intensity will accommodate the proposed Mixed Use development at this corner. Vice Chair Shield invited the applicant to speak. Karen Wench with Pate Engineers stated she will be happy to answer and questions. Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Moore to recommend to the City Council approval of a Comprehensive Plan Amendment to change the Intensity Level Map from Levels 2, 3 and 4 to Levels 4 and 5 for a 54.73 acre tract more particularly described as 34.82 acres in the Francis Hudson, Wm. Addison, Joseph Robertson and J .S. Patterson Survey and 19.91 acres in the Joseph Robertson and the Wm. Addison Survey, also known as the Wheeler Tract, located at 2211 County Road 111 (Westinghouse Road). Second by McMichael. Approved. (5-0) 5.REZ-2007-013 – Public Hearing and Possible Action to Rezone from (RS) Residential to (MU-DT) Mix Use Downtown 0.139 acres out of Lost Addition, Block 63, located at 1006 Rock Street. (VK) Staff report given by Valerie Kreger. The 0.14-acre site is located on the west side of Rock Street between 10 th and 11 th Streets (see Exhibit A). Currently, the property is developed with a single-family residential structure. The existing zoning of the property is RS, Residential Single-Family and it is located within the Downtown Overlay District. The property is designated as Downtown on the Future Land Use map and is assigned an Intensity Level of 3 on the Century Plan. The applicant is requesting a rezoning from RS, Residential Single-Family district to MU-DT, Mixed Use Downtown district. Vice Chair Shield invited the applicant to speak. Kevin Stotz stated she will be happy to answer and questions. Commissioner Moore asked the applicant to address the parking issue. Mr. Stotz stated the building will be 1,500 square feet, so 3 parking spaces are required. The garage will be torn down to add more parking in the back. Mr. Stotz stated this business will not be a retail business, so high traffic and parking should not be an issue. Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Milburn to conduct a Public Hearing and First Reading of the Ordinance for a Rezoning of 0.14 acres in the Lost Addition, Block 63, located at 1006 Rock Street, from RS, Residential Single-Family District to MU-DT, Mixed Use Downtown District. Second by Lawson. Approved. (5-0) 6.REZ-2007-015 and PP-2007-007 – Public Hearing and Possible Action to Rezone from (AG) Agriculture to (PUD) Planned Unit Development and Consideration and Possible Action on a Preliminary Plat for 122.521 acres out of the I. and G.N. R.R., J.D. Johns, W.E. Pate, J. Thompson Surveys and Key West Irrigation Surveys to be known as Water Oak at San Gabriel, Phase One and Three, located off of FM 2243, near Escalera Ranch. (JM) Staff report given by Jordan Maddox. This is the project known to many as the “ABG” development, the first project in Georgetown to plan a development with conservation design principles. The entire development, projected to be approximately 1900 acres, will contain over 700 acres of open space, areas for commercial and mixed-use properties, and a broad mix of residential housing sizes and product types. The project will have frontage on both SH 29 and RM 2243, linked by a large arterial parkway which will bridge across the South San Gabriel River. On November 14, 2006, Century Plan Amendments for transportation, intensity and land use were unanimously approved by City Council for 1700+ acres, with an additional 200 acres still in the approval process. This project was the first to consider conservation subdivision design and also led to the wastewater interceptor which is planned for the South San Gabriel River. The Intensity Level for the project is 3, however, as part of the off-site construction agreement and ordinance to the development agreement, the utility capacity of the entire project is capped at 6559 S.U.E.’s (Service Unit Equivalents), superseding the actual Intensity designation. Construction on the off-site wastewater line is expected to begin this year. The applicant petitioned for voluntary annexation on June 20, for 268.3 acres, including the area being zoned PUD in this application, which will be completed on August 28. Once annexed, the default zoning of AG, Agriculture will be applied, which be changed to PUD upon second reading of the zoning ordinance for this application. The reason for the PUD designation is to incorporate conservation design standards that vary from the UDC. These variations are contained in the PUD development plan. Concurrent with the zoning application is a preliminary plat, which uses standards from the specific PUD development plan, which reference said development agreement. This PUD proposes 261 single-family detached residential lots with 26.13 acres of open space interspersed throughout, a density of approximately 2.13 units/acre. The open space includes a 5.48 acre tract that will be a future amenity center. As part of the conservation design proposal, many of the local streets in this section contain wider rights-of-way, preserving trees and promoting walk-ability, while reducing actual pavement widths. Native and drought-tolerant landscaping, native trees, and preservation of sensitive features are key elements of the conservation design and the development agreement mandates their inclusion in this and other Water Oak neighborhoods. The development agreement provides for flexibility for lot dimensions, although each lot here meets minimum UDC requirements. There is an impervious cover bonus over the UDC standard per lot that is spelled out in the development plan, as well. Water Oak Parkway is the only arterial-level road in the plat, which will serve as one of the main spine roads for the rest of the Water Oak neighborhoods and connect to SH 29, as well. This parkway will contain a wide treed median and a large right-of-way that will accommodate hike and bike trails, trees, buffers from the roadway and connections to neighborhood streets and nature trails. A traffic impact analysis was conducted for the entire project and meets the criteria required. Water and wastewater will be provided by the City of Georgetown. The wastewater line mentioned previously does not exist as of this meeting, but an on-site extension of the line will be in the ground before homes are built on the site. Pedernales Electric Co-Op is the electricity provider. There is no parkland dedication in this portion of the Water Oak development. As specified in the development agreement, public parkland dedication will occur at a later date. Vice Chair Shield invited the applicant to speak. Kelly Green with Bury & Partners stated she will be happy to answer and questions. Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Staff recommends approval of the rezoning request and the preliminary plat for this phase. Motion by Moore to recommend to City Council approval of the Rezoning from AG , Agriculture district to PUD, Planned Unit Development district for 122.521 acres out of the J.T. Church., J. D. Johns, W.E. Pate, Key West Irrigation and J. Thompson Surveys to be known as Water Oak at San Gabriel, Phases One and Three, located off of FM 2243, near Escalera Ranch. Second by Lawson. Approved. (5-0) Motion by Moore to recommend to City Council approval of a Preliminary Plat for 122.521 acres out of the J.T. Church., J. D. Johns, W.E. Pate, Key West Irrigation and J. Thompson Surveys to be known as Water Oak at San Gabriel, Phases One and Three, located off of FM 2243, near Escalera Ranch. Second by Milburn. Approved. (5-0) REZ-2007-017 – Public Hearing and Possible Action to Rezone from (OF) Office to (RS) Residential Single-family for 0.179 acres out of the Booty and Lesueur Addition, Block 1, Lot 4, located at 1308 Hart Street. (BR) Staff report given by Bobby Ray. The subject property is a corner lot located on the west side of Hart Street, north of 15 th Street. The site is currently vacant with an abandoned accessory storage building remaining on the site. The zoning of the property is OF, Office. The property is identified for “Residential” on the Future Land Use Plan and carries an Intensity Level of “4”. The property has historically been residentially zoned, the 1965 zoning map identifies he property as “Residential”. At the time of the 1968 zoning map the property was redesignated as “RM”, Residential Multiple-family, and in 2002 the property was designated as “RM-3”, Office and Service Use. With the adoption of the Unified Development Code (UDC) in 2003 the RM-3 zoning district transitioned all RM-3 properties to OF, Office, which is the current zoning district applied to the property . Vice Chair Shield invited the applicant to speak. Applicant was not present. Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMIchael to for the approval of the Rezoning from OF , Office district to RS, Residential Single-family district for Lot 4, Block 1 of the Booty and Lesueur Addition, located at 1308 Hart Street. Second by Milburn. Approved. (5-0) 8.PP-2007-003 – Consideration and Possible Action on a Preliminary Plat for 66.71 acres in the William Addison Survey to be known as Pinnacle Subdivision Phases 2 - 4, located south of the Inner Loop and east of the future extension of Maple Street. (EC) Staff report given by Elizabeth Cook. On February 25, 2003, the City Council annexed this property into the City limits, rezoned the site to RS, Residential Single-Family, and approved a Century Plan Amendment to change the Intensity Level from level 2 to level 4. On October 28, 2003, the initial Pinnacle Subdivision Preliminary Plat was approved for 100 acres in the William Addison Survey. The Final Plat for Phase 1 was recorded in January 2006, which extended the expiration of the balance of the Preliminary Plat to January 2007. The applicant did not record the next Final Plat within the required twelve (12) months timeframe; therefore, a new Preliminary Plat is required for the remaining 66.71 acres. The 2003 TIA (traffic impact analysis) has been updated; however, the City’s Traffic Engineer has not completed review of the updated TIA, as the most recent revisions were not submitted until July 27, 2007. Due to the timing of this latest submission and the quality of the first submission, a review has not taken place as of the preparation of this report. A memorandum on the review is not anticipated until after the Commission’s meeting. Therefore, the TIA findings are not available for the Commission’s review. In staff’s opinion, without the TIA, the Preliminary Plat does not meet all the criteria for approval as specified in UDC Section 3.08.050.H. The applicant’s representative has been notified of this concern, but wishes to go forward with the Planning and Zoning Commission’s consideration of this request. Vice Chair Shield invited the applicant to speak. Chris Menger, representing the applicant stated he would like for the Commissioner to approve the Preliminary Plat on condition of the Traffic Impact Analysis is approved. Mr. Menger stated if the Commissioners are not able to approve it, then he ask for the application to be postponed to the next meeting date. Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael for postponement to the September 4, 2007 Planning and Zoning meeting of a Preliminary Plat of 66.71 acres in the William Addison Survey to be known as Pinnacle Subdivision Phases 2 - 4, located south of the Inner Loop and east of the future extension of Maple Street. Second by Lawson. Approved. (5-0) 9.VAR-2007-005 – Consideration and Possible Action on a Waiver request to allow utilization of the platted setbacks at the South Town Industrial Park, Lot 1, located on South Austin Avenue at 21 st Street, pursuant to Section 1.03 C. of the Unified Development Code (UDC)(CB) Staff report by Carla Benton. The plat for South Town Industrial Park was approved by City Council on June 25 th , 1996. A Site Plan for Lots 1 and 3 was approved on June 17, 2002 for the development of Hometown Self Storage. At that time Lot 1 contained the office location for the storage facility located on Lot 3. This application is to continue a second phase of the storage facility development on Lot 1. Subsequently, the setback requirements have changed with the Unified Development Code and the applicant requests relief as provided in Section 1.03 of the UDC. The applicant is proposing to continue the development of this tract under the same standards as the first Detailed Development Plan. Section 1.03.C of the Unified Development Code states that: An applicant may elect at any time to use this Unified Development Code in place of previously applicable regulations, provided that this Code shall be applied in its entirety to such a project. However, any existing plat that has platted setbacks, which are in conflict with the standards of the UDC, shall be subject to the setback provision of the UDC. A waiver from the Planning and Zoning Commission shall be required to maintain and utilize the platted setbacks . The applicant is seeking a waiver, pursuant to the above-referenced section, allowing the development of this site consistent with the platted standards. Vice Chair Shield invited the applicant to speak. Bruce Operly, representing the applicant stated will be happy to answer and questions. Shield opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Moore for approval of a Waiver for South Town Industrial Park, Lot 1, to allow the lots to maintain and utilize the platted setbacks. Second by Milburn. Approved (5-0) 10.Public Hearing and Possible Action on a recommendation to the City Council regarding adoption of a proposed Conservation Subdivision amendment to the Unified Development Code (UDC) (JM) Staff report by Jordan Maddox. In January of 2005, noted land planner Randall Arendt led a Conservation Subdivision Design workshop in Georgetown that was attended by members of the Georgetown Planning staff, City Council, Planning and Zoning Commission members, local developers and engineers, and other interested parties. This workshop was held to introduce the local community to an alternative form of site development. Additional workshops and presentations on the subject were presented to Council in April 2005 and July 2006. Based upon the information presented the City Council instructed staff to write an amendment to the Unified Development Code (UDC) which would create a provision for conservation subdivision design. In the past year, the opportunity to implement conservation design concepts was presented before that ordinance had been written. Three separate projects have gone through the development process where the developers have agreed to use the principles of conservation subdivision design. Two of those projects have approved development agreements and one of them is currently in the platting and rezoning process. The goal of this ordinance is to protect sensitive natural resources such as the aquifer, rivers and streams, flood plains, and wildlife habitat, while providing opportunities for new commercial and residential development to meet the needs of a growing population . Conservation Subdivisions are a unique way for the private sector to protect key natural resources, while providing a marketable product to the public, with little additional municipal expenditure involved. When compared to other model ordinances from across the country and in Texas, this proposed ordinance provides a more flexible, incentive-based approach. The standards contained in this ordinance have been discussed at length to ensure that it was incentive-based and not over -regulated and cost-prohibitive for developers. Its intent is to preserve natural features and plan for water quality protection, while keeping Georgetown’s quality of life at the level its citizens demand. One way to achieve this is to encourage developers who wish to increase their utility capacity to set aside open space for the most sensitive features on the land. Some of the conservation land set-aside will be recreational as its main function; some of the land can be revenue-generators for the community. There is a wide array of options for developers and builders to tailor to the needs and desires of their potential buyers , including lot size, housing type or use. The conservation subdivision ordinance does not restrict the use or density of the project and only applies to areas that are intended as low-density residential in the Comprehensive Plan. City staff has designed alternative road design standards to allow for less pavement, slower speeds, traffic calming measures and hike/bike trails , all intending to provide for a safer, more natural feel and eco-friendly construction. Motion by Milburn to conduct the First Reading of an Ordinance of a Conservation Subdivision Amendment to the Unified Development Code. Second by Moore. Approved. (5-0) Comments from Director. Bobby Ray stated the Comprehensive Plan workshop is scheduled for August 13, 2007 at 4:00 in the Council Chamber and will be a summary of where we are in the comprehensive planning process. Then there will be two public workshops held, August 23, 2007 at 7:00p.m. in the Hewlet room at the Library and again August 24, 2007 at 9:00a.m. at the Community Center in the Park. Comments from Commissioners. Motion to adjourn. Vice Chair Shield adjourned the meeting at 7:40 p.m. Approved, Jennifer Shield , Vice ChairAttested, Will Moore, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, July 24, 2007 The Planning and Zoning Commission will meet on Tuesday, July 24, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM A quorum of the membership of the Planning and Zoning Commission may attend the July 24, 2007 City Council meeting to express their opinion on the following item: Consideration and possible action to add three alternate positions to the Planning and Zoning Commission for immediate inclusion Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, July 24, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , July 24, 2007. Members Present: Members Absent: Staff Present: Minutes Regular Meeting There were no minutes taken for the Planning & Zoning Commission as this was only an opportunity for them to attend the City Council Meeting as a group. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday,,,, July 5, 2007 The Planning and Zoning Commission will meet on Thursday, July 5, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from 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 June 5, 2007, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Final Plat of a Resubdivision of Shell Addition, Block 2, 0.33 acres, located at 601 & 603 East Third Street. FP-2007-021 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/July52007/FP-2007-021.pdf 4.Consideration and Possible Action on a Public Review Final Plat of Cimarron Hills P.U.D., Phase One, Section Four A, a Replat of Cimarron Hills PUD Phase One, Section Four Amended , Block A, Lots 15 and 16 and 12.582 acres in the A .H. Porter Survey , located on Cimarron Hills Trail West. PP-2006-029 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/July52007/PP-2006-029.pdf 5.Consideration and Possible Action on a Preliminary Plat of Teravista, Section 322 and 324, a 76.024 acre tract in the Francis A. Hudson Survey, Abstract No. 295 and the J. Patterson Survey, Abstract No. 502, located along the north side of Westinghouse Road. PP-2007-005 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/July52007/PP-2007-005.pdf Regular Agenda 6. Public Hearing and Possible Action on a Rezoning from AG, Agricultural District to IN Industrial Distrcit for Airport Industrial Park, Lot 1, located at 101 and 103 Halmar Cove. REZ-2007-012 (CB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/July52007/REZ-2007-012.pdf 7.Comments from Director. 8.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday, July 5, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Thursday , July 5, 2007. Members Present: Harry Gibbs, Chair; Jennifer Shield, Vice Chair; Will Moore, Secretary; Marlene McMichael, Patrick Lawson and Don Padfield Members Absent: Sarah Milburn Staff Present: Bobby Ray, Director; Elizabeth Cook, Principal Planner and Stephanie Mickan McNickle, Recording Secretary. Minutes Regular Meeting Planning & Zoning Commission Minutes June 5, 2007 Page 2 of 2 Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs 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. 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 may 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. 2-5.Consideration of the consent agenda including the Minutes of the June 6, 2007, meeting of the Planning and Zoning Commission. Motion by Moore to approve the consent agenda items , which includes the June 6, 2007 minutes. Second by Padfield. Approved 6-0. Regular Agenda Public Hearing and Possible Action on a Rezoning from AG, Agricultural District to IN Industrial District for Airport Industrial Park, Lot 1, located at 101 and 103 Halmar Cove. REZ-2007-012 (CB) Staff report read by Elizabeth Cook. The 3.0-acre tract is located on the north side of Halmar Cove, at the intersection with Airport Road, on a cul-de-sac street accessed from Airport Road. As developed, the site has two separate facilities housing light industrial or light manufacturing uses. The applicant proposes to divide the tract into two 1.5-acre tracts, but must address the zoning issue prior to Resubdivision. The zoning of the property is “AG, Agriculture,” which is reflective of the default zoning placed on the property at the time of annexation in 2006. The property is identified for “Industrial” on the Future Land Use Plan and carries an Intensity Level of “4”. The subject application is a rezoning request from “AG,” to “IN, Industrial” to accommodate the current uses of the site, and to bring the property into conformance with the underlying Land Use Plan designation. As stated, the “AG” zoning district was applied at the time of the most recent round of annexations in 2006. The effect of the “AG” default zoning was to render the current use of the site nonconforming, since the existing industrial use is not a permitted use within the “AG” district. This application removes the nonconforming aspect of the use and makes the zoning consistent with both the use and the Land Use Map. Chair Gibbs invited the applicant to speak. The applicant was absent. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael to approve the Rezoning from “AG , Agricultural” district to “IN, Industrial” district for Airport Industrial Park, Lot 1, located at 101 and 103 Halmar Cove. Second by Shield. (Approved 6-0) 7.Comments from Director. Bobby Ray stated during the June 26 th City Council meeting, the city Council discussed a resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning the Public Utility Easements along the common property lines located at 209, 211 and 213 Green Leaf Lane. Mr. Ray also stated the council also approved the first reading for a Comprehensive Plan Amendment and Rezoning for property located at 1633 Williams Drive. 8.Comments from Commissioners. NA Motion to adjourn. Chair Gibbs adjourned the meeting at 6:21 p.m. Approved, Harry Gibbs, ChairAttested, Will Moore, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday,,,, June 28, 2007 The Planning and Zoning Commission will meet on Thursday, June 28, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session Regular Agenda 2.Public Hearing and Possible Action on a Rezoning from “AG, Agricultural” district to “RS, Residential Single-Family” district, with the condition that no single-family attached units are permitted, for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (REZ-2007-008) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/June282007/REZ-2007-008.pdf 3.Comments from Director. 4.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday, June 28, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Thursday , June 28, 2007. Members Present: Harry Gibbs, Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, Patrick Lawson and Don Padfield Members Absent: Jennifer Shield, Vice Chair. Staff Present: Bobby Ray, Director; David Munk, Development Engineer and Stephanie Mickan McNickle, Recording Secretary Minutes Regular Meeting Planning & Zoning Commission Minutes June 28, 2007 Page 2 of 2 Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs 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. 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 may 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. Regular Agenda SUBJECT: Public Hearing and Possible Action on a Rezoning from “AG, Agricultural” district to “RS, Residential Single-Family” district, with the condition that no single-family attached units are permitted, for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (REZ-2007-008) Staff report given by Bobby Ray. The 12-acre tract sits at the northwest corner of the Katy Crossing subdivision on F.M. 971 and is developed with an existing single-family residence. Current zoning of the property is “AG, Agriculture”, which reflects the default zoning placed on the property at the time of annexation in 1998 (Ordinance No. 98-76). The property is identified for “Residential” on the Future Land Use Plan and carries an Intensity Level of “2”. In March 2007, the City Council did not approve a proposed “PUD, Planned Unit Development” rezoning for this property. The applicant is now requesting the conventional zoning designation of “RS, Residential Single-Family”. The application is a rezoning request from “AG” to “RS” to accommodate a residential development, and to bring the property into conformance with the underlying “Residential” Land Use Plan designation. With the “RS” zoning district, the property may be developed with single -family detached or single-family attached units; however, the applicant has agreed to a condition that would not allow single-family attached units. Access to the project will likely be taken from F.M. 971, although a development plan is not included or required at this time. There is a connection to the existing Katy Crossing subdivision at Bastian Lane. Chair Gibbs invited the applicant to speak. John Gavurnik, Gavurnik Builders stated the lots in this project would be consistent with what is currently in Katy Crossing. Commissioner McMichael asked how many lots would be developed on this property. Mr. Gavurnik stated in the high 30’s to the low 40’s. Chair Gibbs opened the public hearing. Suzanne Haygood, 507 River Bluff Circle stated she hopes these homes will be enough buffers between each home. Harold McGraff, 801 FM 971 state he has a lot of land across from Katy Crossing and wants to make sure the lot sizes on that property will be the same as the lots currently next to them and would like the property to be rezoned as RL instead of RS to guarantee larger lot sizes. Anna Aiken, FM 971 thanked the Commissioners for listening to the public and wants the property to be rezoned as RL and not RS to guarantee the lot sizes be consistent with the lot sizes currently next to the property. Andy McNally, President of the Park View Estates Homeowners Association stated he and his members are concerned with the density of the property and lot sizes. He has some letters to turn in from homeowners who do not want to see more than 30 homes built on this property. Chair Gibbs closed the public hearing. Mr. Gavurnik stated he would deed the lots the same size as the lots they back up to, so the lots would be consistent. Motion by Moore to approve the Rezoning from “AG , Agricultural” to “RS, Residential Single-Family”, with the condition that there are no single-family attached units permitted, for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as the Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. Second by McMichael. (Approved 6-0) Comments from Director. NA Comments from Commissioners. NA Motion to adjourn. Chair Gibbs adjourned the meeting at 6:23 p.m. Approved, Harry Gibbs, ChairAttested, Will Moore, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, June 5, 2007 The Planning and Zoning Commission will meet on Tuesday, June 5, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM REVISED 1.Action from 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 1, 2007 meeting of the Planning and Zoning Commission. Regular Agenda 3.CPA-2007-003 and REZ-2007-010 – Public Hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Office/Service for 0.727 acres in the Nicholas Porter Survey, Abstract 497, and 2) a Rezoning from the RS, Residential Single-Family district to the OF, Office district for Lots 11 and 12 in the Williams Addition, Block 1, and the 0.727 acres out of the Nicholas Porter Survey, Abstract No. 497, located at 1633 Williams Drive. (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/June52007/CPA-2007-003&REZ-2007-01 0.pdf 4.REZ-2007-008 – Public Hearing and possible action on a Rezoning from the AG, Agricultural district to the RS, Residential Single-Family district for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (EC) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/June52007/REZ-2007-008.pdf 5.Comments from Director. Discussion regarding possible reschedule of the July 3, 2007 meeting date. 6.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, June 5, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , June 5, 2007. Members Present: Harry Gibbs, Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, Patrick Lawson and Don Padfield Members Absent: Jennifer Shield, Vice Chair Staff Present: : Bobby Ray, Director; Elizabeth Cook, Planner; Vickie Kreger, Planner; Karen Frost, Administrative Supervisor; Trisha Carls, City Attorney; and Stephanie Mickan McNickle, Recording Secretary. Minutes Regular Meeting Chair Gibbs called the meeting to order at 6:02 p.m. and Don Padfield led the Pledge of Allegiance. Chair Gibbs 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. 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 may 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 1, 2007, meeting of the Planning and Zoning Commission. Motion by Moore to approve the Consent Agenda item , which includes the minutes. Second by McMichael. Approved 6-0. Regular Agenda At this time, Chair Gibbs asked Bobby Ray to report on Item #4 on the agenda. Mr. Ray informed the commissioners that due to a posting error, item #4 would be postponed. The applicant, John Gavurnik of Gavurnik Builders requested a special meeting to be scheduled before the July Planning and Zoning meeting. The commissioners and the applicant agreed to meet for a Planning and Zoning special called meeting scheduled for June 28 th starting at 6:00p.m. at the City Council Chambers located at 101 E. Seventh Street. CPA-2007-003 and REZ-2007-010 – Public Hearing and possible action on 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Office/Service for 0.727 acres in the Nicholas Porter Survey, Abstract 497, and 2) a Rezoning from the RS, Residential Single-Family district to the OF, Office district for Lots 11 and 12 in the Williams Addition, Block 1, and the 0.727 acres out of the Nicholas Porter Survey, Abstract No. 497, located at 1633 Williams Drive. (VK) Staff report given by Valerie Kreger. The 1.44-acre site is located on the north side of Williams Drive between Golden Oaks Drive and W. Central Drive. Until recently, the site has been used as a single-family residence. The current zoning of the property is “RS, Residential Single-Family”. The front half of the property is identified as “Office/Service” and the rear 0.727 acres as “Residential” on the Future Land Use Plan. The Century Plan assigned both properties an Intensity Level of “3”. The applicant is requesting 1) a Future Land Use Map amendment to change the designation from “Residential” to “Office/ Service” on the 0.727 acres at the rear of the property and 2) a rezoning from “RS, Residential Single-Family” to “OF, Office”, for the entire acreage at this location. This tract is also part of the Williams Drive Special Area Plan Overlay District, which provides additional standards to allow the orderly transition of land use from residential to relatively small-scale office. Chair Gibbs invited the applicant to speak. Jim Cummins of Steger & Bizzell stated he is the agent representing the applicant. Mr. Cummins informed the commissioners that he and the applicant would be submitting an administrative plat for the property. Chair Gibbs opened the Public Hearing. There were no comments. Chair Gibbs closed the Public Hearing. Motion by McMichael to recommend to the City Council approval of 1) a Comprehensive Plan Amendment to change the Future Land Use from “Residential” to “Office/Service” for 0.727 acres in the Nicholas Porter Survey and 2) a Rezoning of 1.44 acres, being Lots 11 and 12 in the Williams Addition, Block 1, and the 0.727 acres out of the Nicholas Porter Survey, Abstract No. 497, located at 1633 Williams Drive, from “RS, Residential Single-Family” to “OF, Office”. Second by Milburn. Approved (6-0). REZ-2007-008 – Public Hearing and possible action on a Rezoning from the AG, Agricultural district to the RS, Residential Single-Family district for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (EC) Agenda item #4 has been postponed to a special called meeting scheduled for June 28 th starting at 6:00p.m. at the City Council Chambers located at 101 E. Seventh Street. Comments from Director. Bobby Ray stated the July Planning and Zoning meeting is scheduled for Tuesday, July 3 rd and asked the commissioners if they would like to postpone the meeting to Thursday, July 5 th . Commisioners agreed to the scheduling of the July Planning and Zoning meeting to July 5 th . Comments from Commissioners. Commissioner Padfield asked staff if there is any information on Way Finding signs, which was approved last year during a City Council meeting. Mr. Ray informed Mr. Padfield he has not heard anything and suggested Mr. Padfield contact Tom Yantis, Assistant City Manager. Commissioner Padfield also asked staff if there has been consideration for WiFi in Georgetown. Karen Frost stated City Council did not consider WiFi a priority at this time, therefore it did not make the budget. Motion to adjourn. Chair Gibbs adjourned the meeting at 6:23 p.m. Approved, Harry Gibbs, ChairAttested, Will Moore, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, May 1, 2007 The Planning and Zoning Commission will meet on Tuesday, May 1, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 2.Action from 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. 3.Consideration of the Minutes of the April 3, 2007, meeting of the Planning and Zoning Commission. Regular Agenda 4.Review proposed amendments to the approved by-laws for the Planning and Zoning Commission. For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/May12007/BYLAWS.pdf 5.Rezone from PUD, Planned Unit Development to PUD, Planned Unit Development and Public Review Final Plat for 37.041 acres in the Frederick Foy Survey (A-229), to be known as Sun City, Neighborhood Forty, located at the intersection of Sun City Boulevard and the future Ronald Reagan Boulevard. REZ-2007-007 (JM) and PP-2007-002 (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/May12007/REZ-2007-07&PP-2007-02.p df 6.Public Hearing and possible action on a recommendation to the City Council regarding an amendment to Section 5.02.140 “Bed and Breakfast” of the Unified Development Code (UDC (BR). For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/May12007/UDC.pdf 7.Comments from Director. 8.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, May 1, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , May 1, 2007. Members Present: Harry Gibbs, Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael and Patrick Lawson. Members Absent: Jennifer Shield, Vice Chair and Don Padfield Staff Present: Bobby Ray, Director; Jordan Maddox, Planner; David Munk, Development Engineer; Elizabeth Cook, Planner; Valerie Kreger, Planner; Barbara Quirk, City Attorney; and Stephanie Mickan McNickle, Recording Secretary. Minutes Regular Meeting Chair Gibbs called the meeting to order at 6:03 p.m. and led the Pledge of Allegiance. Chair Gibbs 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. 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 may 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 April 3, 2007, meeting of the Planning and Zoning Commission. Motion by Moore to approve the Consent Agenda item , which includes the minutes. Second by McMichael. Approved 5-0. Regular Agenda Review proposed amendments to the approved by-laws for the Planning and Zoning Commission. Staff report given by Bobby Ray. Consideration of proposed bylaws for the Planning and Zoning Commission following the city standard bylaws for boards, commissions and committees. On February 13, 2007 the City Council of Georgetown, Texas adopted two ordinances relating to Boards and Commissions and creating a standardized set of bylaws. Ordinance No.2007-13 changed the number of members of many Board and Commissions and did away with alternate’s citywide. Ordinance 2007-13 instituted terms limits on all Boards and Commissions. The net affect of these new ordinances on the Planning and Zoning Commission is that the Commission is now comprised of 7 regular members with no alternates. Pursuant to the deletion of Section 2.8 of the proposed bylaws, “Ex-Officio and Alternate” members have been deleted. Commissioner Moore suggested to change the required attendance from 75% to 67% of the commission meetings. Chair Gibbs stated he feels alternates for the Planning and Zoning Commission is critical to being a good Planning and Zoning Commission . He stated there would be four new members added to the P&Z Commission next year without any experience, who will be making decisions that will affect the City of Georgetown. Chair Gibbs stated that he couldn’t see any benefit to doing away with alternates. He stated the alternate system also allows you to see if those who volunteered to serve as an alternate is dedicated to serving on the Commission when the time comes. Other Commissioners totally agreed with Chair Gibbs. Commissioner Moore suggested the rest of the Commissioners contact City Hall and voice their concern. Motion by McMichael to recommend to the City Manager and City Council to reinstate Article II, Section 2.8 and to amend Article IV, Section 4.4 to read as “Members are required to attend 75% 67% of the Commission meetings. , based on the excused absences , and attend 67% of the meetings considering the total absences . Excused absences shall be determined by the Chair . Attendance shall be reported to the Mayor in June and January of each year and excessive absenteeism will be subject to action under the Council policy”. Second by Milburn. Approved 5-0. Rezone from PUD, Planned Unit Development to PUD, Planned Unit Development and Public Review Final Plat for 37.041 acres in the Frederick Foy Survey (A-229), to be known as Sun City, Neighborhood Forty, located at the intersection of Sun City Boulevard and the future Ronald Reagan Boulevard. REZ-2007-007 (JM) and PP-2007-002 (JM) Staff report given by Jordan Maddox. This is a revised plat for a neighborhood that had previously been approved at P&Z and City Council last fall as zero-lot line residential (another Sun City PUD development type), which is why it is being rezoned from PUD to PUD. There are specific standards in each PUD agreement that narrowly defines the residential unit types . Both the former and proposed PUD districts have a base zoning district of RS, Single-Family Residential. The proposed development consists of 142 residential units to be developed as cluster lots. The Sun City cluster lot concept is defined by the 8 th Amended Concept Plan as being a min. lot size of 5,000 sq. ft., 75% impervious cover, and setbacks of 10’ front and 5’ rear and side. The minimum lot size planned for Neighborhood Forty is 5,400 square feet. The development is presented as a PUD in order to accommodate the detached single family with regards to lot sizes and setbacks. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Moore to recommend to the City Council approval of 1) a Rezoning from PUD, Planned Unit Development to PUD, Planned Unit Development district and 2) a Public Review Final Plat for 37.041 acres in the Frederick Foy Survey, abstract 229, to be known as Sun City Georgetown, Neighborhood Forty. Second by Milburn. Approved 5-0. Public Hearing and possible action on a recommendation to the City Council regarding an amendment to Section 5.02.140 “Bed and Breakfast” of the Unified Development Code. Staff report by Bobby Ray. In response to several inquiries for Bed and Breakfast establishments, (B&B’s) staff is proposing an amendment to Section 5.02.140 (B) which regulates B&B’s in residential districts. There has been interest shown in the establishment of B&B’s in various residentially zoned areas. However, because of the additional standards created by this section these businesses have proven infeasible. The primary issue is with the requirement that the “operator of the Bed and Breakfast must be a full-time resident of the dwelling in which the Bed and Breakfast establishment is housed”, and the limitation on the number of guests (15) allowed at receptions and special events. It’s staff’s understanding that these additional standards were primarily intended to protect properties within the interior of residential neighborhoods from a potentially incompatible non-residential use. However many of the examples cited have been located on RS zoned properties with frontage on a collector, or higher level, street. These properties are on the edge of residential areas and have frontage on, and access to, major roadways. The proposed language would make the additional standards applicable to properties, zoned as residential, with frontage along a local or lesser classification street. Staff feels that this proposed change is consistent with the original intent of the provision and will provide the same protection to residential neighborhoods. Proposed UDC Language 5.02.140 Bed and Breakfast A Bed and Breakfast establishment is permitted in accordance with the Use Table in 5.01.030 and subject to the following standards: A. In All Districts 1. A maximum of eight guestrooms shall be provided in any one Bed and Breakfast establishment. 2. No food preparation, except beverages, is allowed within individual guestrooms. Meal service may be provided. 3. Preparation and service of food shall conform to all applicable regulations of the State of Texas and the City of Georgetown. 4. The operator shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license numbers for all guests. 5. All parking areas on property (except driveways) shall be behind any building lines and must be screened from the view of adjacent residences to a height of six feet by a solid screening fence, or dense shrubs and vegetation. B. In Residential Districts 1. The following additional standards shall apply to any Bed and Breakfast establishments located within in any Residential District with frontage on a local , or lesser classification , street or alley shall be subject to the following additional standards of this section :. Bed and Breakfast establishments located on a collector , or higher classification street , shall be subject to the standards of “A” above . a. 1.A maximum of six guestrooms shall be provided in any one Bed and Breakfast establishment. b. 2.The operator of the Bed and Breakfast must be a full-time resident of the dwelling in which the Bed and Breakfast establishment is housed. c. 3.No exterior evidence of the Bed and Breakfast shall be allowed, except for one attached sign no larger than twelve square feet and one monument sign as allowed for Non-Public and Non-Civic Uses in the RS District per Table 10.06.010. No additional advertising of any kind is allowed on site. d. 4.A Temporary Use Permit in accordance with Section 3.11 is required for any party, reception, event or similar function that is anticipated to draw more than the 15 total guests (including overnight guests) to the Bed and Breakfast. Parties, receptions, events or similar functions, subject to the Temporary Use Permit provision, shall be limited to a total of six (6) such functions per calendar year. Such events shall be limited to the interior of the Bed and Breakfast facility. Commissioner McMichael questioned the reason for allowing only 15 total guests. Staff stated there was no reason why the number 15 was chosen, but if the Bed and Breakfast owner feels there will be more than 15 guests, then a temporary use permit can be obtained. Motion by Milburn to recommend to the City Council approval of the Proposed Amendment to Section 5.02.140 “Bed and Breakfast” of the Unified Development Code (UDC). Second by McMichael . Approved 5-0. Comments from Director. Bobby Ray introduces two new members of the Planning and Development, Elizabeth Cook and Valerie Kreger. All Rezoning presented were approved during the April 24 th City Council meeting. The UDC amendments were approved for first reading with a recommendation that all signage in the downtown overlay be reviewed and approved administratively. However, there were some concerns that Commissioners be able to review if warranted. Therefore, staff liaison and the chair will determine if the application needs to be reviewed by the Commission. Comments from Commissioners. Commissioners welcomed Elizabeth and Valerie. Motion to adjourn. Chair Gibbs adjourned the meeting at 6:40 p.m. Approved, Harry Gibbs, ChairAttested, Will Moore, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, April 3, 2007 The Planning and Zoning Commission will meet on Tuesday, April 3, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Jennifer Shields, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Patrick Lawson, and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 2.Action from 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. 3.Consideration of the Minutes of the March 6, 2007, meeting of the Planning and Zoning Commission. Regular Agenda 4.CPA-2007-002 – Public Hearing and Possible Action on a Comprehensive Plan Amendment to update the Overall Transportation Plan to show the realignment of the 2500 – 2700 blocks of the SE One arterial . (EP) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/April32007/CPA-2007-002.pdf 5.CPA-2007-001 and REZ-2007-005 – Public Hearing and Possible Action on 1) a Comprehensive Plan Amendment to change the intensity level from Levels 2, 3 and 5 to Levels 3 and 5; to change the land use from Residential to Residential, Commercial and Multi-Family, and to modify the Thoroughfare Plan to move the location of a proposed collector street; and 2) a Rezoning from AG, Agricultural to C-3, General Commercial (28.171 acres), MF, Multifamily (15.521 acres), and RS, Residential Single Family (115.485 acres) for 159.177 acres in the John Berry Survey (A-051) located near the intersection of FM-971 and SH-130. (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/April32007/CPA-2007-001&REZ-2007-0 05.pdf 6.– Public Hearing and Possible Action on a Rezoning for portions of 159.177 acres in the John Berry Survey (A-051) , located in the south east corner of the intersection of FM-971 and SH-130. (JM) 7. REZ-2007-002 – Public Hearing and Possible Action on a Rezoning of 15.16 acres out of the David Wright Survey, Abstract No. 13, from AG, Agriculture to PUD, Planned Unit Development, with a Base Zoning district of C-1, Local Commercial, for the property located at Williams Drive Northwest of Serenada Drive. (BR) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/April32007/REZ-2007-002.pdf 8.REZ-2007-003 – Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family to C-3, General Commercial district for 2.30 acres in the L.J. Dyches Survey (A-180) also to be known as the CARTS Bus Station, located on South Austin Avenue north of SE Inner Loop. (BR) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/April32007/REZ-2007-003.pdf 9.REZ-2007-004 – Public Hearing and Possible Action on a Rezoning from AG, Agricultural district to IN, Industrial district for Lots 2A and 2B, in the Resubdivision of Tract 2, Airport Industrial Park, located at 105 and 107 Halmar Cove. (BR) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/April32007/REZ-2007-004.pdf 10.REZ-2007-006 – Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family to MF, Multifamily district to allow the construction of condominium units on 1.07 acre part of Snyder Addition, Block 51, a 0.593 acre part of Coffee Addition, Block 06, and a 0.05 acres part of Coffee Addition, Block 11. (RR) Cancelled at the request of the applicant. 11.FP-2007-006 – Final Plat for 3.71 acres to be known as the Resubdivision of Lot D, 5RM Ranch Subdivision, Block 3, located on Richard Road.(JCB) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/April32007/FP-2007-006.pdf 12.Public Hearing and Possible Action on a recommendation to the City Council regarding adoption of proposed amendments to the Unified Development Code (UDC). For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/April32007/UDC-Amendment.pdf 13.Comments from Director. 14.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, April 3, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , April 3, 2007. Members Present: Harry Gibbs, Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, Patrick Lawson and Don Padfield. Members Absent: Jennifer Shield Staff Present: Bobby Ray, Director; Jordan Maddox, Planner; David Munk, Development Engineer; Ed Polasek, Principal Planner; Jennifer Bills, Housing Coordinator; Trish Carls, City Attorney; and Stephanie Mickan McNickle, Recording Secretary. Minutes Regular Meeting Chair Gibbs 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. 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 may 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. Consideration of the Minutes of the March 6, 2007, meeting of the Planning and Zoning Commission. Regular Agenda CPA-2007-002 – Public Hearing and Possible Action on a Comprehensive Plan Amendment to update the Overall Transportation Plan to show the realignment of the 2500 – 2700 blocks of the SE One arterial. (EP) Staff report was given by Ed Polasek. The Overall Transportation Plan (OTP) was passed and adopted by the Georgetown City Council on June 22, 2004, to guide the development of the transportation network in the city limits and ETJ. It includes arterials and regionally significant collector level roads for the study area. Changes to the OTP are generally considered through the Transportation Improvement Plan process or by specific development applications for Century Plan Amendments. In some cases, the City may initiate an OTP amendment to re-classify a roadway or provide system connectivity and appropriate type facilities in growing areas. The application being considered at this time is a City initiated amendment to provide system connectivity and appropriate facilities in developing areas. Staff has recommended approval of the Century Plan: Intensity Level amendment. Special Considerations: TxDOT has agreed to begin the Environmental Impact Study of the ultimate Bypass route, if the City shows some interest/commitment to building the roadway. The realignment of the SE 1 portion of the Bypass, and adoption of the TxDOT ROW standards by ordinance is the first step in showing that commitment. Chair Gibbs opened the Public Hearing. Ellen M. Hughs, 3706 Eastridge Drive, Austin stated she is the owner of the property and opposes the city and TxDOT to build a road through the center of her property, which is a cattle business and has been in the family for about 150 years. Mr. E. Ross Rost, 401 CR 153, Georgetown stated he is the manager of the farm and stated this farm was part of the Sam Houston land grant and that if TXDOT and the city builds a road through this property it will destroy the farm which has been in the family since 1858. The Public Hearing was closed. Commissioners stated they understand this is a good move to try and alleviate traffic on Hwy 29, but asked for TXDOT and the City to work with the family and try to find a route that minimizes the impact on this family farm. Motion by Moore to recommend to the City Council approval of a Comprehensive Plan Amendment to update the Overall Transportation Plan to show the realignment of the 2500 – 2700 blocks of the SE One arterial , and to adopt new Right of Way Standards for that route. Second by Milburn. Approved 6-0. CPA-2007-001 and REZ-2007-005 – Public Hearing and Possible Action on 1) a Comprehensive Plan Amendment to change the intensity level from Levels 2, 3 and 5 to Levels 3 and 5; to change the land use from Residential to Residential, Commercial and Multi-Family, and to modify the Thoroughfare Plan to move the location of a proposed collector street; and 2) a Rezoning from AG, Agricultural to C-3, General Commercial (28.171 acres), MF, Multifamily (15.521 acres), and RS, Residential Single Family (115.485 acres) for 159.177 acres in the John Berry Survey (A-051) located near the intersection of FM-971 and SH-130. (JM) At this time , Jordan Maddox presented staff report for item #5 and item #6. Public Hearing and Possible Action on a Rezoning for portions of 159.177 acres in the John Berry Survey (A-051) , located in the south east corner of the intersection of FM-971 and SH-130. (JM) Staff report given by Jordan Maddox. This property is located to the east of the recently completed SH 130 and abuts the toll way along most of the property line, although it has no direct access to 130. The entire accessible frontage the property has is along FM971, on its northern boundary line. The southern tracts of the property (approximately 131 acres) have recently been annexed for its proximity to SH 130 and, including the existing 28 acres, the entire property is now within the city limits. The default zoning added to the existing 23 acres is AG, Agriculture, which the applicant is seeking to change now to MF, Multi-Family and RS, Single-Family Residential. The rezoning application corresponds with the land use changes presented here for commercial, multi-family and residential. The northern 28 acres of this tract is separated from the rest by the Georgetown Railroad rail r.o.w. and a large drainage easement has been granted to the state for SH 130 drainage that runs along the north of that r.o.w. and then turns to the north towards 971 along the eastern boundary of the 28 acre tract. The property is currently being used as a farm and is one of the first projects to be processed through the city along the SH 130 corridor. The applicant is proposing the 28 acre tract to be a commercial use in the form of a grocery store or something along those lines, with additional retail supporting it. This area of town has no commercial or retail available to residents and the applicant hopes to take advantage of one of the few exit ramps/intersections that SH 130 has in Georgetown for traffic and visibility. This tract is currently split between Intensity 3 and 5 and is requested to be Level 5 for the whole tract. To the south of the commercial and the railroad, there is a proposed 15 acres intended for 310 multi-family units and 116 acres of 435 single-family units. Both of these are requesting an overall Intensity Level of 3, up from a 2. The property will contain parkland along the San Gabriel River, which will also be determined at the preliminary plat. In addition to the land use and intensity changes, the applicant is requesting that a future east-west collector, originally intended to connect NE Inner Loop with CR 103, be altered . The reason for this is that the road was cut off by the limited access toll road and, therefore, has no future to the west of 130. The applicant has proposed bending the western part of this road up to FM 971, to create a collector-level entrance to the project, while continuing its original path to the east. Chair Gibbs invited the applicant to speak. Jana Rice, Cunningham-Allen, Inc stated she would be happy to answer any questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael to recommend to the City Council approval of the requested Comprehensive Plan Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi-Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportation Plan for a designated collector-level road and 2) an Ordinance for a Rezoning to change the zoning from AG, Agriculture to MF, Multi-Family, C-3, Commercial and RS, Residential on 159.177 acres in the John Berry Survey (Abstract 051). Second by Moore. Approved 6-0. REZ-2007-002 – Public Hearing and Possible Action on a Rezoning of 15.16 acres out of the David Wright Survey, Abstract No. 13, from AG, Agriculture to PUD, Planned Unit Development, with a Base Zoning district of C-1, Local Commercial, for the property located at Williams Drive Northwest of Serenada Drive. (BR) Staff report given by Bobby Ray. The 15-acre site is located on the “east” side of Williams Drive northwest of Serenada Drive. The property was annexed into the City as part of the December 31, 2005 annexation. Properties across Williams Drive are also part of this 2005 annexation process. Upon completion of the annexation all annexed properties were zoned AG, Agriculture. The site is part of the larger 86-acre project known as Estrella. The applicant’s plan for the 86-acre tract was to seek a RS, Residential Single-Family for the larger 70-acre portion to accommodate the future build-out of 146 detached single-family units. This site was rezoned to RS, Residential Single-family in 2006 to allow for the development of the single-family project. The current application is seeking a Planned Unit Development (PUD) allowing for the mixed-use development of the remaining 16-acre frontage along Williams Drive. The proposed project consists of approximately 51,000 square feet of office and retail use on 6.59 acres concentrated on the west side of the site. The non-residential layout proposes five building located around a central water feature with parking and access around the perimeter of the site. There is a sixth building, proposed to be a financial institution, located at the southwest corner of the site to allow for greater auto accessibility. The residential component consists of 32 two unit townhomes (64 units total) located on 8.57 acres concentrated on the east side of the site. Each unit will provide adequate on-site garaged parking. Primary access to the site is provided from Williams Drive (2) and Estrella Crossing (2) with connectivity to the property east of the site. Chair invited the applicant to speak. Mark Baker, SEC Planning stated he would be glad to answer questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Padfield to recommend approval to the City Council of the Rezoning of 15.16 acres out of the David Wright Survey, Abstract No. 13, from AG, Agriculture to PUD, Planned Unit Development, with a Base Zoning district of C-1, Local Commercial, for the property located at Williams Drive Northwest of Serenada Drive. Second by McMichael. Approved 6-0. REZ-2007-003 – Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family to C-3, General Commercial district for 2.30 acres in the L.J. Dyches Survey (A-180) also to be known as the CARTS Bus Station, located on South Austin Avenue north of SE Inner Loop. (BR) Staff report by Bobby Ray. The 2.3 acre tract is located between I.H. 35 and South Austin Avenue, close to Inner Loop. The property takes access, and is addressed from, South Austin Avenue. Current use of the site is a “Park and Ride” facility owned and maintained by the City of Georgetown . The zoning of the property is RS , Residential Single -family, which is reflective of the default zoning placed on the property at the time of annexation in 1987. The property is identified for “Industrial” on the Future Land Use Plan and carries an Intensity Level of “5”. The subject application is a rezoning request from RS, Residential Single-family to C-3, General Commercial to accommodate the location of the CARTS (Capital Area Rural Transportation System) bus station. “Bus Passenger Terminal” is defined as a “Passenger Terminal” pursuant to UDC Section 16.03.040(H) and is characterized as “Facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service”. This is a permitted use for the C-3, General Commercial zoning district. Chair Gibbs invited the applicant to speak. Dave Marsh, CARTS stated they are in the process of hiring architects and he would be glad to answer questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Milburn to approve of the Rezoning from RS , Residential Single-Family to C-3, General Commercial district for 2.30 acres in the L.J. Dyches Survey (A-180) also to be known as the CARTS Bus Station, located on South Austin Avenue north of SE Inner Loop. Second by McMichael . Approved 6-0. REZ-2007-004 – Public Hearing and Possible Action on a Rezoning from AG, Agricultural district to IN, Industrial district for Lots 2A and 2B, in the Resubdivision of Tract 2, Airport Industrial Park, located at 105 and 107 Halmar Cove. (BR) Staff report by Bobby Ray. The 3.0 acre tract is located on the north side of Halmar Cove, which is a cul-de-sac street accessed from Airport Road. Current use of the site is a multi-tenant facility housing various types of light industrial or light manufacturing uses. The zoning of the property is AG, Agriculture, which is reflective of the default zoning placed on the property at the time of annexation in 2006. The property is identified for “Industrial” on the Future Land Use Plan and carries an Intensity Level of “4”. The subject application is a rezoning request from AG, Agriculture to IN, Industrial to accommodate the current use of the site, and to bring the property into conformance with the underlying land use plan designation. As stated, the AG zoning district was applied at the time of the most recent round of annexations in 2006. The effect of the AG default zoning was to render the current use of the site as nonconforming, since the existing industrial use is not a permitted use within the AG district. This application removes the nonconforming aspect of the use and makes the zoning consistent with both the use and the land use map. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Padfield to approve the Rezoning from AG, Agricultural district to IN, Industrial district for Lots 2A and 2B, in the Resubdivision of Tract 2, Airport Industrial Park, located at 105 and 107 Halmar Cove. Second by Moore. Approved 6-0. REZ-2007-006 – Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family to MF, Multifamily district to allow the construction of condominium units on 1.07 acre part of Snyder Addition, Block 51, a 0.593 acre part of Coffee Addition, Block 06, and a 0.05 acres part of Coffee Addition, Block 11. (RR) Cancelled at the request of the applicant. FP-2007-006 – Final Plat for 3.71 acres to be known as the Resubdivision of Lot D, 5RM Ranch Subdivision, Block 3, located on Richard Road.(JCB) Staff report by Jennifer Bills. This Final Plat is a resubdivision of Lot D, Block 3 of the 5RM Subdivision. A total of one new lot will be created in the subdivision by dividing the 3.71 acres of Lot D into one 2.473 acre lot (D-1) and one 1.158 acre lot (D-2). Both lots will be for residential use. Chair Gibbs invited the applicant to speak. David Simmons, representing the applicant stated he would be glad to answer questions. Chair Gibbs opened the Public Hearing. Robert Helms, 330 Richard Rd. stated he lives next to this property and his neighbor stores tractor-trailer trucks on the property as a business, which is in violation of the deed restrictions, therefore, he opposes the application. Mr. Helm also stated these trucks are tearing up the road and causing his property to devalue. The Commissioner Milburn asked staff what kind of recourse the neighbors have regarding the deed restriction. Staff stated the neighbors would have to take legal action. Staff stated the City does not review deed restrictions located in the ETJ, so the city has limited control. Mr. Simmons stated he has been to the property a couple of times in the afternoon and did not see any trucks. Mr. Simmons stated he was informed that the applicant wants to divide the property and build homes. He is not aware there is a semi truck business on the property. He stated he would forward these concerns to the applicant. Motion by Moore for approval of Final Plat for 3.71 acres to be known as the Resubdivision of Lot D, Block 3 of 5RM Ranch Subdivision, located on Richard Road. Second by Milburn Approved 5-1. (Opposed – Lawson) Public Hearing and Possible Action on a recommendation to the City Council regarding adoption of proposed amendments to the Unified Development Code (UDC). Staff report by Bobby Ray. At their regular meeting of October 3, 2006, the Planning & Zoning Commission conducted a review of the proposed amendments and made the following motion: “Forward the proposed amendments for the UDC amendment cycle of October 2006to the City Council”. The motion was passed 7-0. The City Council, at their meeting of October 24, 2006, approved the attached list of amendments for the current process. Public workshops were held on March 8 and 22, 2006 to allow for public review of the proposed amendments. Comments received from the workshops have been addressed within the attached document. In response to the workshops staff has agreed to defer one item to allow for more public comment, and to delete the second from consideration. Specifically staff is proposing that the conservation subdivision ordinance be deferred to track with the Mixed Use and Transit Oriented Design ordinances . The schedule for these three ordinances is May for public workshop and June for Commission and Council public hearing. Staff is proposing that the second item, which is the required housing / lot variety for single-family subdivisions, be deleted from this round of amendments . Motion by Milburn to recommend to the City Council approval of the Proposed Amendments to the Unified Development Code with a deferral of the preparation of draft language for the Conservation Subdivision Ordinance and a deletion of the Housing Variety Requirements. Second by McMichael . Approved 6-0. Comments from Director. Bobby Ray stated the proposed Katy Crossing application was denied by 4-3 vote during the City Council meeting after hearing extensive comments from neighbors. Comments from Commissioners. Chair Gibbs thanked the commissioners for attending. Motion to adjourn. Chair Gibbs adjourned the meeting at 7:50 p.m. Approved, Harry Gibbs, ChairAttested, Will Moore, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, March 6, 2007 The Planning and Zoning Commission will meet on Tuesday, March 6, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Harry Gibbs, Chair; Will Moore, Marlene McMichael, Sarah Milburn, Jennifer Shield, Patrick Lawson and Don Padfield Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM Regular Session - To begin no earlier than 6:00 p.m. (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 2.Action from 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. 3.Consideration of the Minutes of the February 6, 2007, meeting of the Planning and Zoning Commission. 4.Consideration and possible action on a Preliminary Plat for 71.137 acres in the Lewis J. Dyches Survey (A-180) to be known as Georgetown South Industrial Park , located north and east of Snead Drive. (JCB) PP-2006-041 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/March62007/PP-2006-041.pdf 5.Consideration and possible action on a Site Plan of Serenada Country Estates, Unit I, Lot 2, located at 3813 Williams Drive. (CB) SP-2006-048 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/March62007/SP-2006-048.pdf Regular Agenda 6.Consideration and possible action to elect a Vice Chair and Secretary for the 2007-2008 Planning and Zoning Commission. 7.Public Hearing and possible action on a Rezoning from AG, Agricultural district to PUD, Planned Unit Development district for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as the Planned Unit Development of Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (BR) REZ-2006-048 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/March62007/REZ-2006-048.pdf 8.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Levels 2, 3, 4, and 5 and change the Future Land Use from Residential to Office / Retail / Commercial, Residential and Multi-family for 590.70 acres in the B. Eaves and L.S. Walters Surveys, located near SH-195 and Parmer Lane. (JM) CPA-2006-020 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/March62007/CPA-2006-020.pdf 9.Public Hearing and possible action on a Rezoning from AG, Agricultural district to C3, General Commercial district for 49.44 acres in the William Addison Survey, A-21, to be known as the Georgetown Elementary School #10, located at 1701 CR 110. (BR) REZ-2007-001 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/March62007/REZ-2007-001.pdf 10.Comments from Director. 11.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday,,,, February 8, 2007 The Planning and Zoning Commission will meet on Thursday, February 8, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Members:Johnny Anderson, Chair; Harry Gibbs, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Brian Ortego, and Jennifer Shield. Alternates: Patrick Lawson and Don Padfield. Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM This meeting was originally scheduled for Tuesday , February 6th at 6:00 p.m. However, due to a posting error the Planning and Zoning meeting has been postponed toThursday , February 8th at 6:00 p.m. (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 for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session 2.Discussion of the 07/08 budget process and priorities by Miki Rundell , Financial Division Director and Leticia Zavala, Accounting Manager. 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. 3.Consideration of the Minutes of the January 4, 2007, meeting of the Planning and Zoning Commission. 4.Consideration and possible action on a Public Review Final Plat for 17.232 acres in the Burrell Eaves (A-216) to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Sixty-One. (JM) PP-2006-039 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/PP-2006-039.pdf 5.Consideration and possible action on a Preliminary Plat for a replat of Lot 2, McDaniel Park Subdivision, also to be known as Holly Street Village, located between North College Street and North Holly Street. (BR) PP-2006-040 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/PP-2006-040.pdf Regular Agenda 6.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Intensity level from Level 1 to Levels 2, 3, 4, and 5 and change the Future Land Use from Residential to Residential, Multi-Family, Townhome/ Condo, Office, Retail, and Park for 590.70 acres including 520.25 acres in the L.S. Walters Survey (A-653) and 70.15 acres in the B. Eaves Survey (A-216), located northeast of Sun City and south of the proposed Parmer Lane extension. (JM) CPA-2006-020 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/CPA-2006-020.pdf Proposed postponement to the March 6, 2007 Planning and Zoning Meeting. 7.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Future Land Use from Business Park to Residential and Multi-family for 95.501 acres in the James Patterson Survey (A-502) and Francis Hudson Survey (A-295), located north of Westinghouse Road east of park Central Boulevard. (JM) CPA-2006-021 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/CPA-2006-021.pdf 8.Public Hearing and possible action on a Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 95.501 acres in the James Patterson Survey (A-502) and Francis Hudson Survey (A-295), located north of Westinghouse Road east of Park Central Boulevard. (BR) REZ-2006-046 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/REZ-2006-046.pdf 9.Public Hearing and possible action on a Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 17.232 acres in the Burrell Eaves (A-216) to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Sixty-One. (JM) REZ-2006-047 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/REZ-2006-047.pdf 10.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 3 and 4 and the Future Lend Use from Residential to Residential and Mixed Use for 205.38 acres in the I. Donagan Survey (A-178), located on West SH-29. (This tract will be added to the 1793 acre San Gabriel Development tract.) (EP) CPA-2006-022 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/CPA-2006-022.pdf 11.Public Hearing and possible action on a Rezoning from AG, Agricultural district to PUD, Planned Unit Development district for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as the Planned Unit Development of Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (BR) REZ-2006-048 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Feb62007/REZ-2006-048.pdf 12.Comments from Director. 13.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday, February 8, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Thursday , February 8, 2007. Members Present: Johnny Anderson, Chair; Harry Gibbs, Vice-Chair; Will Moore, Secretary; Marlene McMichael and Brian Ortego. Members Absent: Jennifer Shield and Sarah Milburn Staff Present: Bobby Ray, Director; Ed Polasek, Principal Planner; Carla Benton, Planner; Jennifer Bills, Planner; Jordan Maddox, Planner; David Munk, Development Engineer; Rebecca Rowe, Historic District Planner; Trish Carls, City Attorney; and Stephanie Mickan McNickle, Recording Secretary. Minutes Regular Meeting Planning & Zoning Commission Minutes February 8, 2007 Page 5 of 5 Chair Anderson called the meeting to order at 6:03 p.m. and led the Pledge of Allegiance. Chair Anderson 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 one time only, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 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 may 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. Mickie Rundell, Financial Division Director along with Leticia Zavala, City of Georgetown Accounting Manager gave the commissioners a survey handout and gave a brief presentation explaining the survey. 3-5. Consideration of the Consent Agenda and Minutes of the January 4, 2007 meeting of the Planning and Zoning Commission. Motion by Moore to approve the Consent Agenda item , which includes the minutes. Second by Lawson. Approved 7-0. Regular Agenda Public Hearing and possible action on a Comprehensive Plan Amendment to change the Intensity level from Level 1 to Levels 2, 3, 4, and 5 and change the Future Land Use from Residential to Residential, Multi-Family, Townhome/ Condo, Office, Retail, and Park for 590.70 acres including 520.25 acres in the L.S. Walters Survey (A-653) and 70.15 acres in the B. Eaves Survey (A-216), located northeast of Sun City and south of the proposed Parmer Lane extension. (JM) CPA-2006-020 The above agenda has been postponed to the March 6, 2007 Planning and Zoning Meeting. At this time agenda item , #10 is presented. 10.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 3 and 4 and the Future Lend Use from Residential to Residential and Mixed Use for 205.38 acres in the I. Donagan Survey (A-178), located on West SH-29. (This tract will be added to the 1793 acre San Gabriel Development tract.) (EP) CPA-2006-022. Staff report given by Ed Polasek. ABG Development is in the process of, or has recently purchased the property covering Sections 7-10 of the revised concept plan from Escalera Development, LLC, the Barton Tract to the east, a portion of the Faubion Tract, located even further to the east, and the Watson Tract to the North (reaching across the South Fork of the San Gabriel River to State Highway 29), which were combined in the San Gabriel Development Agreement. ABG Development is proposing to amend the approved development agreement by adding the additional 205.38 acres from the Lowery Tract. The applicant is proposing 2 Living Unit Equivalents (LUE’s) per acre which is consistent with an Intensity Level 2 for the property. The applicant is proposing 68 acres of Residential single family, which will consist of up to 136 units, and approximately 80 acres of Mixed Use that total 264 LUE’s. This could be 264 Multi-family units or up to 500,000 sq ft of mixed retail, or some combination of both that will not exceed the 264 LUE’s assigned in the wastewater master plan. The remaining 57 acres of the Lowery Tract is to be open space or parkland consistent with the conservation design principles outlined in the San Gabriel Development Agreement. The City completed a special area impact fee study to determine the best method and possible financing source for wastewater improvements to the South San Gabriel Basin. The November 2006 Development Agreement addressed the provision of wastewater to the basin. Wastewater service should be conditioned on the terms of the Development Agreement being met. Staff has recommended conditional approval of the Century Plan. Chair Anderson invited the applicant to speak. Kelly Bell Green stated she would be glad to answer any questions. Chair Anderson opened the Public Hearing . No one came forward to speak . The Public Hearing was closed . Motion by Ortega to recommend Conditional Approval of a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 2 and the Future Lend Use from Residential to Residential and Mixed Use for 205.38 acres in the I. Donagan Survey, located on West SH-29. The Condition being those two items identified under note number 6 in the Basis of Support, which is a development agreement or other type of agreements to: Amending the November 14, 2006 Development Agreement with ABG Development to add the Lowry Tract and address development issues associated with the tract. Limiting the Lowry tract to two (2) Living Unit Equivalents (LUE’s) keeping the tract consistent with the South San Gabriel regional wastewater study. Second by Moore. Approved (6-0) Gibbs recused himself due to conflict of interest. 7.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Future Land Use from Business Park to Residential and Multi-family for 95.501 acres in the James Patterson Survey (A-502) and Francis Hudson Survey (A-295), located north of Westinghouse Road east of park Central Boulevard. (JM) CPA-2006-021. Staff report was given by Jordan Maddox. This proposal is to change the land use from Business Park to Multi-Family and Residential in one project with a zoning change of P.U.D. (addressed in a concurrent application). The applicant’s concept is that this tract of land would have the flexibility of building town homes or single-family residential houses. This unique approach requires the P.U.D. zoning, with additional restrictions and standards, the specifics being contained in the zoning staff report. . There has been little interest for business or office park projects down in this area and residential growth from Round Rock (including the Teravista M.U.D.) indicates that this area will continue to grow in a similar fashion. Staff is hesitant to lose Business Park land use, but is confident that more will be added in the Land Use Plan update and through additional work with Economic Development. The applicant’s concept plan calls for a central park, buffers the single-family/townhouse units with multi-family units, and could become an energizer in this area, which is needed. Staff has recommended approval of the Century Plan Amendment. Chair Anderson invited the applicant to speak. Bob Richardson, President of RVI and is representing the applicant. Mr. Richardson gave a brief, visual presentation. The commissioners commended Mr. Richardson on his presentation, which clarified concerns. Chair Anderson opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by to Gibbs to recommend to the City Council approval of the requested Comprehensive Plan Amendment to change the future land use from Business Park to Residential and Multi-Family for 95.5 acres in the James Patterson Survey, abstract 502, and the Francis Hudson Survey, abstract 295, located at 61455 Westinghouse Rd. Second by McMichael. Approved 7-0. 8.Public Hearing and possible action on a Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 95.501 acres in the James Patterson Survey (A-502) and Francis Hudson Survey (A-295), located north of Westinghouse Road east of Park Central Boulevard. (BR) REZ-2006-046. Staff report given by Bobby Ray. The application is a rezoning request from AG, Agriculture to PUD, Planned Unit Development to accommodate a proposed residential development on the 95-acre site. The development plan involves incorporating a combination of residential product types (multi-family, single-family attached, single-family detached, two-family and / or townhouse) into the neighborhood, while maintaining flexibility with the location of the different single-family products. The development proposes 24 acres of multi-family (420 units) and 71.5 acres of single-family attached and townhouse product (totaling 420 units). Staff is supportive of the rezoning application in that the development represents a desired mix of different product types. Chair Anderson opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael to recommend approval for the Public Hearing and possible action on a Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 95.501 acres in the James Patterson Survey (A-502) and Francis Hudson Survey (A-295), located north of Westinghouse Road east of Park Central Boulevard. Second by Moore. Approved 7-0. 9.Public Hearing and possible action on a Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 17.232 acres in the Burrell Eaves (A-216) to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Sixty-One. (JM) REZ-2006-047. Staff report given by Jordan Maddox. This area is part of the new Sun City Texas area that is incorporated as part of the 8 th Amended Concept Plan. The proposed development consists of 55 residential units to be developed as detached single family lots. The development is presented as a PUD in order to accommodate the detached single family with regards to lot sizes and setbacks. The proposed development standards are consistent with the standards requested as part of the Development Agreement between the City and the developer. These standards were updated with the 8 th Amended Concept Plan. Chair Anderson opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Moore to recommend approval for the Rezoning from AG , Agriculture district to PUD, Planned Unit Development district for 17.232 acres in the Burrell Eaves, abstract 217, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Sixty-One. Second by Padfield. Approved 7-0. 11.Public Hearing and possible action on a Rezoning from AG, Agricultural district to PUD, Planned Unit Development district for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as the Planned Unit Development of Katy Crossing Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (BR) REZ-2006-048. Staff report given by Bobby Ray. The 12 acre tract sits at the northwest corner of the Katy Crossing subdivision on F.M. 971 and is developed with an existing single-family residence. Current zoning of the property is AG, Agriculture which reflects the default zoning placed on the property at the time of annexation in 1998 (Ordinance No. 98-76). The property is identified for “Residential” on the Future Land Use Plan and carries an Intensity Level of “2”. The application is a rezoning request from AG, Agriculture to PUD, Planned Unit Development to accommodate a 59-unit residential development. Access to the project is taken from F.M. 971, with interior circulation provided by a residential local street that will “loop” around the development providing individual lot access. There will be direct access to the existing Katy Crossing subdivision also provided. The development is requesting some relatively minor deviations from the standards of the underlying zoning district. Specifically, some of the units will provide a single car garage with the second required space located in the driveway immediately behind the garage. This would involve parking in the front setback, which is allowed for single-family attached subject to landscape screening (UDC Section 7.03.020.B.2). The second deviation is from the impervious cover limits for single family, which is 45% per lot. The overall impervious coverage for the subdivision is 50% pursuant to Section 11.02.010 of the UDC. Some lots within the development will exceed the 45% threshold, however the overall impervious coverage for the subdivision will remain at or under 50% as required. Commissioner McMichael asked staff if fencing would be around this project. Staff stated fencing is not required, but can be included in the motion . Chair Anderson invited the applicant to speak. Jim Coulter, Coulter Engineering, representing the applicant stated he would be glad to answer any questions. Chair Anderson opened the Public Hearing. Michael Delance, 191 Bastian Lane stated he opposes the rezoning of the property becoming a multifamily area . He would not be opposed if the property would have single family homes that are the same like and value of the current homes in that area. He informed the commission that he was told by the builder that the Villas/multi-family homes would be built on the east side of Katy Crossing and would be separated from the single-family units. Gil Westling, 126 River Park Lane, agreed with Mr. Delance and confirmed the builder also mislead him. He objects to the single-family homes backing up to these duplexes. Roger Busfield, Jr., 103 River Park Cove, stated he is proud of Katy Crossing and is very concerned with the traffic on FM 971. Deena Berg, 324 Bastian Lane, stated she understands there is a need for affordable housing but feels this is not the way to do it. She is also concerned with the upkeep of the park in this PUD. Leah Maglio, 104 River Park Lane stated she is opposed anything other then single family homes in the area. Ms. Maglio stated the real estate agent told her and her neighbors, that any homes to the west of their current home would be larger single-family homes. She feels strongly that anything other than single-family units would hurt the resale value of her and her neighbor’s homes. She is also very much concerned with the traffic on FM 971. Ms. Maglio also stated there are several large trees on the proposed property and hopes those trees will not be destroyed. Ana Thomas, 193 Bastian Lane, stated she agrees with Ms. Maglio and Mr. Delance and is concerned with the value of her house and is considering moving if the rezoning for multi-family is approved. Lisa Lorandeay, 195 Bastian Lane, stated she is a single mom who wanted her children to live in a single-family development and stated Mr. Gavurnik, informed her multi-family development would be to the east of Katy Crossing. She said it states this in her contract. Anna Aiken, FM 971, stated she is very concerned with the traffic and the safety of their children. Chair Anderson asked staff to address the concerns regarding the traffic on FM 971. Staff stated that in the TXDOT current 5-year report, there are potential plans to upgrade FM 971 to four lanes. Chair Anderson asked Mr. Coulter to address the citizens concerns. Mr. Coulter stated the reason for placing a park on that property is to protect the existing trees. Mr. Coulter stated that Mr. Gavurnik did not intend for this property to be a part of Katy Crossing, but the opportunity came to purchase this property in the last ninety days and wanted to add it to Katy Crossing. Mr. Coulter stated the park would be maintained by HOA. Commissioner McMichael asked if there is a need to connect this property to the Katy Crossing subdivision. Staff stated yes, and is addressed in the Unified Development Code. Mr. Moore asked the citizens if anyone has meet with Mr. Gavurnik regarding this property. The citizens stated they have not met with Mr. Gavurnik. After hearing testimony from several concerned residents, the Commission unanimously suggested to defer the item to allow adequate time for the applicant to meet with representatives from the adjacent neighborhood. Mr. Coulter requested to defer the agenda. Motion by Gibbs to defer the above agenda to the March 6th Planning and Zoning meeting and to re-notify the adjacent property owners. Second by Moore. Approved (7-0) 12.Comments from Director. Bobby Ray stated a Tree Ordinance meeting was held last week and was well attended. Mr. Ray stated they are summarizing the comments to present to the City Council for the February 13 th meeting. Mr. Ray also stated he would be conducting interviews next week Monday and Tuesday for the Entry-level Planner and Planner III positions. 13.Comments from Commissioners. Comments were made regarding the pro and cons to having alternates serving on Boards. The Commission thanked Chair Anderson and Mr. Ortega for their service to the Planning and Zoning Commission. Motion to adjourn. Chair Anderson adjourned the meeting at 7:55 p.m. Approved, Harry Gibbs, Vice ChairAttested, Will Moore, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday,,,, January 4, 2007 The Planning and Zoning Commission will meet on Thursday, January 4, 2007 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Planning and Zoning Commission Members: Members:Johnny Anderson, Chair; Harry Gibbs, Vice Chair; Will Moore, Secretary; Marlene McMichael, Sarah Milburn, Brian Ortego, and Jennifer Shield. Alternates: Patrick Lawson and Don Padfield Planning and Zoning Commission meets every first Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM 2.Consideration of the Minutes of the December 5, 2006, meeting of the Planning and Zoning Commission. Regular Agenda 3.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 2 for 397.84 acres in the I. Donagan Survey (A-178) and A.H. Porter Survey (A-490), also known as the Rothell Tracts, located at 5280 West Hwy 29. CPA-2006-019 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Jan042007/CPA-2006-019.pdf 4.Public Hearing and possible action on a Rezoning from C-3, General Commercial, to PUD, Planned Unit Development, for Lot 2, McDaniel Park Subdivision, to be known as Holly Street Village, located between North College Street and North Holly Street. REZ-2006-045 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Jan042007/REZ-2006-045.pdf 5.Consideration and possible action on a Public Review Final Plat of 84.08 acres out of the J.T. Church, J.D. Johns and W.E. Pate Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section Six, located off Escalera Parkway. (This is a revised submittal of the PRFP proposed in August as application PP -2006-025.) PP-2006-038 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/Jan042007/PP-2006-038.pdf 6.Comments from Director. 7.Comments from Commissioners. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2007, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Thursday, January 4, 2007 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Thursday , January 4, 2007. Members Present: Johnny Anderson, Chair; Harry Gibbs, Vice-Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael Don Padfield, Patrick Lawson Members Absent: Jennifer Shield and Brian Ortego Staff Present: Bobby Ray, Director; Carla Benton, Development Planner; Jennifer Bills Development Planner; David Munk, Development Engineer; Trish Carls, City Attorney; and Stephanie Mickan McNickle, Recording Secretary Minutes Regular Meeting Chair Anderson called the meeting to order at 6:03 p.m. and led the Pledge of Allegiance. Chair Anderson 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 one time only, 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 may 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 December 5, 2006 meeting of the Planning and Zoning Commission. Motion by Moore to approve the Consent Agenda item , which includes the minutes. Second by McMichael . Approved 6-0. At this time Chair Anderson asked Commissioner Padfield to fill in for Commissioner Ortego who was unable to attend. 3.Public Hearing and possible action on a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 2 for 397.84 acres in the I. Donagan Survey (A-178) and A.H. Porter Survey (A-490), also known as the Rothell Tracts, located at 5280 West Hwy 29. CPA-2006-019 Staff report given by Jordan Maddox. The subject property is located just east of the Cimarron Hills development on Hwy 29 West. The applicant has requested an increase to the Intensity Map from Level 1 to Level 2 in order to build approximately 850 single-family residential units on the property. The applicant intends to set aside approximately 40% open space including the land around the Middle Fork of the San Gabriel River, parkland and amenities; all of which will be worked out in a development agreement, currently in negotiation, that will outline conservation subdivisions similar to those crafted in the recent ABG development agreement. The applicant intends to use part of the set-aside green space directly adjacent to the Cedar Hollow Crossing and Trails End Estates subdivisions to help retain the rural character of those larger lots. Water and wastewater issues will be worked out in the development agreement, but the applicant intends to either pay for an upgrade in the Cimarron Hills plant or connect to the wastewater interceptor planned for the South San Gabriel River to provide necessary wastewater capacity for this development. Water is in the Chisholm Trail Special Utility District (S.U.D.) and the project will tap into the new water pipe constructed along SH 29. Staff is recommending conditional approval of the Century Plan Amendment. The reasons are as follows: ·The Intensity Level increase from 1 to 2 is consistent with recent intensity changes for the nearby Cimarron Hills development and, with conditions set in the development agreement for the upgrade of the Cimarron Hills wastewater plant or connection to South San Gabriel interceptor, there will be enough wastewater capacity to serve the needs of this development. ·The proposed Intensity Level change is consistent with the following Goals / Policies of the Future Land Use Plan. ·Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. ·Plan for future development that is compatible with the City’s natural features, environmentally sensitive areas, and existing land uses. ·Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. ·Utilize the Future Land Use Plan in the plan review process, and in daily decision-making regarding zoning, land use and development proposals. Objective 1.6: Ensure that the local infrastructure systems can accommodate future growth; ensure that such systems are expanded as needed. A development agreement is currently being worked out with staff and the applicant. In this agreement, there will standards for open space, water quality, roadways, impervious cover, voluntary annexation and intensity level. There will a requirement for a 2-acre fire station, parkland, connection to a wastewater facility and subsequent applicant participation, in addition to other standards required by the City’s UDC or deemed necessary by staff, the applicant and/or city attorney. Chair Anderson invited the applicant to speak. John Joseph Clark , Thomas and Winters Attorneys stated he is representing H.H. and May Catherine Rothell who are the owners of this property. Mr. Joseph stated his office is currently working with city staff in regards to the development agreement and will be glad to answer any questions. Staff stated Chisholm Trail Water provided a letter stating they will be able to provide water to capacity and will provide fire flow. Commissioner Gibbs questioned staff if traffic and drainage is a concern. Staff stated regarding the drainage, this property will have to abide by the same standards as ABG Development and should not be a problem with the amount of open space provided. In regards to traffic, there will not be any connection into the Cedar Hollow and the collector will come off of Highway 29. Chair Anderson opened the Public Hearing. Mike Vandergriff, President of the Cedar Hollow Subdivision, 518 Susana Ct. stated they are in agreement with the current proposed concept plan as recommended, but would like to review the final concept plan to make sure the there are no unforeseen concerns being made to their rural neighborhood. Mr. Vandergriff stated neighbors are somewhat skeptical with the applicants long-term development plan for the property. George Gregory, 2879 Cedar Hollow, stated he is in agreement with the proposed concept plan, but feels the applicant has not been very clear regarding the “final” concept plan therefore feels there is a lot of grey area. Bob Harrison, 500 Harrison Lane stated he is concerned with the drainage issue. He stated his land received 1.78 inches of rain last week and if it would have rained another quarter of and inch, without the proposed 850 homes on the Rothell Tract; Cedar Hollow residents would not have been able to get out due to flooded roads. Mr. Harrison stated a property owner should be able to do what he wants to with his property, but not if it hurts the neighbors . Richard Carmichael, 2820 Cedar Hollow Rd stated he feels the drainage issue is a great concern and needs to be addressed. Chair Anderson closed the Public Hearing. Chair Anderson asked staff if this plat would have another Public Hearing. Staff stated there would be a Public Hearing during the Council Meeting. The Development Agreement will be available for the public to review, but it does not require a Public Hearing. Staff also stated that this is the first step for development and this request is just for an intensity level increase . The applicant is not required to show lots or roads at this time. Staff stated a Preliminary Plat application for this property would require a public hearing. MOTION by Gibbs to recommend to City Council conditional approval of the Comprehensive Plan Amendment Intensity Map increase from Level 1 to Level 2 for 397.4 acres in the I. Donagan and A.H. Porter Surveys, located at 5280 State Hwy 29 West, conditional on a development agreement addressing the items listed in number three of the staff report. The commission also recommended a condition that the preliminary plat be drawn to be substantially similar to the concept plan. Second by McMichael. Approved 7-0. 4.Public Hearing and possible action on a Rezoning from C-3, General Commercial, to PUD, Planned Unit Development, for Lot 2, McDaniel Park Subdivision, to be known as Holly Street Village, located between North College Street and North Holly Street. REZ-2006-045 Staff report given by Bobby Ray. The application is a rezoning request from C-3, General Commercial to PUD, Planned Unit Development to accommodate a 42-unit residential development. The proposed project will utilize the PUD designation with TH, Townhouse as the base-zoning district. The project is comprised of 26 townhouse units and 16 detached single-family units. The purpose of the PUD request is to accommodate several design standards that don’t fit into the proposed base-zoning district. Specifically there are some requested deviations in lot dimensions, setbacks, parking, street standards and sidewalk width. All of the requested standards are identified in the development plan. Staff is supportive of the requested PUD in that the development provides an alternative housing form within the City encompassing some neo-traditional features such as narrower street widths with alley-loaded garages. The proposed townhouses, and small lot detached units, will provide for a desired housing product within the City supported by the policies of the Future Land Use Plan. Chair Anderson opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Commissioners discussed the concern of the alley for this application being used as visitors parking, service entry and the only way for emergency vehicles to enter and exit. It was suggested the developer look at revising the property to improve the visitor parking and widen the alley so emergency vehicles would have easier access. MOTION by Moore for approval of the Rezoning from C -3, General Commercial, to PUD, Planned Unit Development, for Lot 2, McDaniel Park Subdivision, to be known as Holly Street Village, located between North College Street and North Holly Street. Second by Gibbs. Approved 5-2. (Milburn, Lawson) 5.Consideration and possible action on a Public Review Final Plat of 84.08 acres out of the J.T. Church, J.D. Johns and W.E. Pate Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section Six, located off Escalera Parkway. (This is a revised submittal of the PRFP proposed in August as application PP-2006-025.) PP-2006-038 Staff report given by Carla Benton. A Concept Plan for an 1150 acre PUD was approved by City Council on March 23, 1999 and on April 12, 2005 the City Council approved an amendment to the Development Agreement. This is the last remaining section of the original Concept Plan that is proposed to be developed under that agreement. The remainder of the acreage is proposed to be developed as part of a different development. Section Six is proposed to develop 57 single-family residential lots, with 3 open space lots. The open space lot in Phase I, Block D contains an additional 25-foot buffer between Section Six and existing Sections 1 and 2. Additionally two of the open space lots have been located to provide for cave structures, as noted by shading on the plan. The proposed development is consistent with the design and density approved on the Concept Plan and all requirements of the Subdivision Regulations. Chair Anderson invited the applicant to speak. Kelly Bell Green, Bury and Partners stated she would be happy to answer any questions. Chair Anderson opened the Public Hearing. Travis Williams, 233 Escalera Pkwy stated he is concern that there will not be enough water and request the City ensure there will not be an interruption of water in the future. Mr. Williams also stated the name of the subdivision is Escalera Ranch, Section Six, but the nature of the development is not that of previous sections of Escalera Ranch. The name of the homeowner’s association will be Water Oak , after the new developer of this subdivision, not Escalera Ranch. Mr. Williams’s feels this subdivision should not keep the name Escalera Ranch in the title. He feels this is a deceptive practice. Ms. Evelyn Young, 200 Escalera Pkwy stated she and the Escalera residents are greatly concerned with the water issue. She has heard there are back up plans, but states there are outages all the time. She stated the residents do not support approval of this application until Escalera Ranch has assurances that the water service will be adequately provided for the homes that exist. Chair Anderson closed the Public Hearing. Staff stated the water issue would need to be addressed with Georgetown Utilities Systems , but there is a back up in place and explained that to the commissioners. MOTION by Milburn for approval of a Public Review Final Plat of 84.08 acres out of the J.T. Church, J.D. Johns and W.E. Pate Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section Six. Second by Moore. Approved 7-0. 6.Comments from Director. Bobby Ray stated during the December 12th City Council meeting the two Tree Ordinance became controversial. There are changes requested by the Council that will be incorporated in the second reading . However, the second reading has been postponed to the meeting of January 23rd. 7. Comments from Commissioners. NA Motion to adjourn. Chair Anderson adjourned the meeting at 7:45 p.m. Approved, Johnny Anderson , Chair Attested, Will Moore, Secretary