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HomeMy WebLinkAboutP&Z_Agenda&Minutes_2010Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, December 7, 2010 The Planning and Zoning Commission will meet on Tuesday, December 7, 2010 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: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour. Commissioners in Training: Sally Pell, Ercel Brashear 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 2.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 November 2, 2010, meeting of the Planning and Zoning Commission. 4.Consideration and Possible Action on a Preliminary Plat for Katy Crossing Section 6-B, located at River Bluff Circle. PP-2010-008 (CB) http://www.georgetown.org/gis/plds/PandZ/2010/PP-2010-008.pdf Regular Agenda 5.Public Hearing and Possible Action on a Final Plat of a Resubdivision of Quail Meadow, Unit III, Block 9, Lots 3 - 6, located at 2703 Mesquite Lane , 600 River Bend Drive, 602 River Bend Drive and 604 River Bend Drive. FP-2010-019 (CB) http://www.georgetown.org/gis/plds/PandZ/2010/FP-2010-019.pdf 6.Public Hearing and Possible Action on a Special Use Permit for Block L of the South San Gabriel Urban Renewal, being the Madella Hilliard Neighborhood Center - Meals on Wheels, to allow the expansion of a Senior Activity Center, located at 803 W. 8 th Street. SUP-2010-003(CB) http://www.georgetown.org/gis/plds/PandZ/2010/SUP-2010-003.pdf 7.Public Hearing and Possible Action on the Fifth Round of the 2008-2009 Annual Unified Development Code (UDC) Amendments. http://www.georgetown.org/gis/plds/PandZ/2010/UDC5thround.pdf 8.Reminder of the January 4, 2011, Planning and Zoning Commission meeting. 9.Adjourn Certificate of Posting I, Jessica Brettle, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, December 7, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , December 7, 2010. Members Present: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey.; Commissioners in Training: Ercel Brashear, Sally Pell Members Absent: Staff Present: Elizabeth Cook, Director; Valerie Kreger, Principal Planner; David Munk, City Engineer; Stephanie McNickle, Recording Secretary; Avery Craft, Recording Secretary Minutes Regular Meeting Chair Padfield called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Padfield stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 1.Action from Executive Session. There was no Executive Session. Consent Agenda 2.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. Motion by Facey to approve Consent Agenda. Second by Austin. Approved. (6-0) 3.Consideration of the Minutes of the November 2, 2010, meeting of the Planning and Zoning Commission. Motion by Facey to approve the November 2, 2010 minutes. Second by Austin. Approved. (6-0) 4.Consideration and Possible Action on a Preliminary Plat for Katy Crossing Section 6-B, located at River Bluff Circle. PP-2010-008 (CB) Motion by Facey to approve . Second by Austin. Approved. (6-0) Regular Agenda 5.Public Hearing and Possible Action on a Final Plat of a Resubdivision of Quail Meadow, Unit III, Block 9, Lots 3 - 6, located at 2703 Mesquite Lane, 600 River Bend Drive, 602 River Bend Drive and 604 River Bend Drive. Staff report given by Valerie Kreger. Kreger stated that the property owners are requesting a Resubdivision to allow for the realignment of existing residential lot lines for four (4) residential lots to address existing encroachments into setbacks and easements. All lots are currently developed with single-family residential structures, accessory buildings and uses. The original plat provided utility easements on street frontages and internal property lines. There are residential and accessory structures that have been in place for many years but are encroaching into setbacks and easements. This plat is to relocate common lot lines and to address existing encroachments. The relocation of property lines will provide for correction of some of the existing circumstances. Additionally, the applicant has requested that the current setbacks in the UDC be applicable to these lots with the caveat that any new structures will meet any greater setbacks in order to meet the intent of the development standards of the original plat and therefore have no impact on other property owners within the subdivision. Staff supports the Final Plat of a Resubdivision of Quail Meadow, Unit III, Block 9, Lots 3-6, to address existing circumstances and bring the lots into conformance with current standards while maintaining the original intent of the subdivision. Padfield invited the applicant to speak. Applicant Michael Meador stated that they want to move the property lines to the existing fence lines that have been there, in some cases, since the 1980’s. The property was not surveyed when the houses were built , which created setback and encroachment of easement issues. Padfield opened the public hearing at 6:05. No one came forward to speak. Padfield closed the public hearing at 6:06. Motion by Austin to approve a Final Plat of a Resubdivision of Quail Meadow, Unit III, Block 9, Lots 3 - 6, located at 2703 Mesquite Lane, 600 River Bend Drive, 602 River Bend Drive and 604 River Bend Drive. Second by Facey. Approved. (6-0) 6.Public Hearing and Possible Action on a Special Use Permit for Block L of the South San Gabriel Urban Renewal, being the Madella Hilliard Neighborhood Center - Meals on Wheels, to allow the expansion of a Senior Activity Center , located at 803 W. 8 th Street. Staff report given by Valerie Kreger. Kreger stated that the applicant has requested a Special Use Permit to allow for the expansion of the Madella Hilliard Neighborhood Center – Meals on Wheels facility. The intent is to expand the current facility by approximately 1,400 square feet to enlarge the dining area and kitchen as well as an overall reconfiguration of the offices, bathrooms and storage area to provide for a more functional design . A total of 29 notices were sent out to the property owners within 200 feet of the subject property. Public notice was posted in the Sun newspaper on November 21 st , 2010. There has been one comment received from the surrounding property owners in support of the use and expansion with concern for on-street parking. Padfield asked if there will be additional parking. Kreger confirmed that there will be additional parking on site. Collier asked staff how much closer to the intersection is the entrance to the parking lot of the facility then what would normally be allowed. David Munk stated that for a normal commercial parking lot it would have to be 200 feet. On a residential, it could be as low as 50 feet. Padfield asked if the applicant is present. Applicant was not in attendance. Padfield opened the public hearing at 6:11. No one came forward to speak. Padfield closed the public hearing at 6:12. Motion by Cochran to recommend approval of the Special Use Permit for Block L of the South San Gabriel Urban Renewal , being the Madella Hilliard Neighborhood Center - Meals on Wheels, to allow the expansion of a Senior Activity Center, located at 803 W. 8 th Street. Second by Facey. Approved. (6-0). 7.Public Hearing and Possible Action on the Fifth Round of the 2008-2009 Annual Unified Development Code (UDC) Amendments. Staff report given by Elizabeth Cook. Cook stated that in 2008, the City Council approved a revised process for the annual review and amendment of the Unified Development Code (UDC). The process involves citizen participation in the form of a UDC Task Force, which is comprised of self appointed members, the general public, the Planning and Zoning Commission (P&Z) and final decision by the City Council. This is the 5 th round in a series of amendments started in late 2008. The following is an overview of the amendments presented by Cook: ·Residential Additions and Infill within the Old Town Overlay District (Exhibit 2) This proposed text amendment addresses the UDC List item intended to keep new residential construction in the Old Town Overlay in scale with the existing historic character of the area. The proposed UDC amendment would set limitations beyond those of the underlying zoning district (generally RS) for all single and two family residential additions or new home construction in the Old Town Overlay District. These limitations could not be exceeded without approval of a Certification of Design Compliance (CDC) by the Historic and Architectural Review Commission (HARC). Variance approval by the Zoning Board of Adjustment (ZBA) would still be required, in addition to the HARC approval, for any proposed construction that would also exceed the underlying zoning district requirements. The proposed limitations are summarized below. 1. Additions will not be made to the street facing façade of an existing single or two family dwelling. (RS district establishes a minimum front setback of 20 feet.) 2. Single and two family structures will be limited to 30 feet in height. (RS district establishes a maximum building height of 35 feet.) 3. Upper stories are subject to a ten (10) foot side setback and a 15-foot rear setback. (RS district setbacks are six (6) and ten (10) feet respectively.) 4. The square footage of additions to existing homes may not exceed 30% of the square footage of the existing structure. (Building setbacks and maximum impervious coverage are the only requirements currently limiting size.) 5. The total floor-to-area ratio (FAR) of a residential parcel shall not exceed 0.65 where new construction or an addition is proposed. (FAR is currently not addressed in UDC.) This would mean that the total square footage of the structure could not exceed 65% of the square footage of the property. ·Certificate of Design Compliance for Demolition of Historic Structures (Exhibit 3) The changes to Section 3.13 amend HARC’s current CDC review process for requests to demolish or relocate historic properties or properties located within the historic overlay districts. This proposed amendment is in response to the UDC List item to have more stringent protection of historic homes. The amendment is intended to further protect historic resources by giving the HARC the ability to extend delay periods to allow more time to seek alternatives to demolition and increasing the justification information provided by the applicant. As proposed, there would be additional submission requirements for demolition or relocation CDC applications depending on the basis for the requested removal. If HARC were not to approve a demolition request at the initial public hearing, a delay period would automatically commence. During the delay period, which varies depending on specified criteria, an applicant may need to provide additional information, work toward finding potential buyers, complete additional research and/or similar activities to justify the proposed removal. In addition, if an applicant makes an argument for demolition or relocation based on no economically viable use of the property the request would be reviewed by an economic review panel. This review panel would analyze the financial documentation presented by the applicant that justifies the economic necessity of the proposed removal, and then make a recommendation to HARC. ·Sidewalks (Exhibit 4) As proposed, the changes to Chapter 12 and 13 would allow an alternative sidewalk plan for sites with unique and extraordinary conditions. If a site qualifies for this alternative option, the replacement could be provided in the form of an alternate route, payments-in-lieu or a delay in the installation of the sidewalk due to road construction. In addition, the changes clarify that residential sidewalks are to be installed at the time of subdivision site improvements. However, a provision is included that allows the installation to be deferred for each residential lot until the construction of each individual residential unit. If that option is selected, there would be a required payment of 20% of the cost to construct these sidewalks into a fund that would be used by the City to construct any missing pieces of sidewalk after a five (5) year period. ·Home-Based Business Limitations (Exhibit 5) New UDC language was proposed for Home Occupations during the last round of amendments with the Chapter 5 revisions. Staff initiated these changes due to several calls regarding the current language, which does not allow any on-site retail sales or services and therefore disallowed services such as tutoring and music lessons. At the City Council meeting regarding the Round 4 amendments, there was concern expressed that the Task Force had not had enough input into the proposal. So, staff reconvened with the group to develop new language. The new proposal not only changes the name from Home Occupation to Home-Based Business, but also provides several options for consideration, based on input from the Task Force. Overall, the proposals are grouped into two major options. The first overall option, which includes some internal options, is based on the existing language. If this option is selected by the Planning and Zoning Commission (P&Z) as the one to be recommended for Council approval , P&Z will need to also decide on items 5.03.020.E.2.e, h, and i. Item “e” addresses signage and whether a small sign would be allowed or not. Item “h” addresses parking for the home-based business. Finally, item “i” clarifies whether on-site services would be allowed. In the first option “i”, services are not allowed, which is the existing language. In second option “i”, services are still not allowed, although a series of limited, small scale service-type uses would not be considered “services” and therefore would be permitted as a home-based business. Also under this option, retail sales would be allowed with no store-front and would be limited to incidental sales of merchandise related to the service provided; direct sales product distribution (Avon, etc.); sales by phone, internet or mail; and sales of custom products created by the business. The second overall option for the P&Z’s consideration would create a separate set of criteria for home-based businesses located in the Old Town Overlay District and have the first option apply to the balance of the City. This option creates two (2) classes of home businesses, those with on-site clients or customers (Class II) and those without (Class I). There are a several standards similar to the first option, but with more specificity and there is a list of prohibited uses. Within the second option there are two (2) choices related to approval of the Class II home businesses: one would require a Special Use Permit, approved by City Council after a recommendation from P&Z and the second would require approval of a Home-Based Business Permit approved by P&Z. The Home-Based Business Permit would be a new process and there is companion language to create that process. As envisioned by the proposal, this new permit would be a single public hearing at P&Z with a $100 permit fee. As noted for the first option, if P&Z recommends approval of the second option , there are still details that will need to be recommended within each option. Finally, there was a group of Task Force members who believed that there should not be separate criteria for different sections of the City , and recommended that whichever option was chosen apply to all of Georgetown. The complaints related to code enforcement of the current regulations have been directed at those type of businesses that not only are currently not allowed as a home business, but would also not be allowed as a home business under any of the options proposed. Therefore, staff is in support of the first overall option (5.03.020.E) applying to the entire City with sub-item “e” option 1 to allow a small sign; sub-item “h” option 3 to allow utilization of on-street parking and existing on-site parking; and sub-item “i” option 2 to allow limited on-site services and non-store front retail. ·Miscellaneous Text Amendments (Exhibit 6) There are several minor amendments contained in Exhibit 6, which include the following: 1.Chapter 3 changes relate to articulating the subdivision replat process that follows the procedures and requirements identified in the Texas Local Government Code. Today, the UDC is silent on the replat process. 2.Chapter 4 changes include: Clarifying that the City (versus a specific department) will maintain the Official Zoning Map and that digital mapping may represent the most accurate and up-to-date information between Zoning Map printings. These are just clarifications of existing practice. The Williams Drive Special Area is being modified to allow Public Emergency Services Stations as a permitted use. 3.Chapter 5 is being revised: To remove the limitation that does not allow columbaria associated with religious assembly facilities to be located within the front yard. To allow an Integrated Office Center use by right in the Industrial District rather than requiring a Special Use Permit. There is a companion definition change in Chapter 16 to have multiple buildings or a site to be an Integrated Office Center 4.Chapters 6 and 7 are being revised to clarify that no buildings are allowed in the required setback or yard; to include the word “street” next to the words “front setback” in the Lot and Dimensional Chart in Chapter 7; and to clarify setback and street setback limitations in Chapter 7. 5.Chapter 11 stormwater management system design requirements are being updated to reflect Gateway Overlay changes made in prior amendments. These items refer to the appearance of stormwater facilities in the Gateways. ·The exemptions section of Chapter 14 is being amended to allow site plans that have been approved, but not constructed, to be completed even if a UDC change has been made that would make the site nonconforming if constructed as approved. ·There are some revisions to the recently adopted Chapter 16, either to modify an existing definition, to include definitions needed as companions to other amendments or to address missing definitions. Board discussed how to move forward with the public hearing, considering there are numerous amendments. Austin suggested having a discussion and a vote for each of the amendments in the order in which Cook presented them. Padfield opened the public hearing for Residential Additions and Infill within the Old Town Overlay District (Exhibit 2) at 6:52. Renee Hansen of 1252 S. Austin Avenue stated that she has noticed at least four homes in the Historic District that are not abiding by proper standards. Renee is in support of the ordinance. Richard Cutts of 1312 Elm Street stated that he is in favor of the change to the ordinance. It is important because it will preserve the historic assets of Georgetown. Ellen Davis of 405 E. 10 th Street stated that she proposed this amendment to the UDC about 2 years ago and is very happy that it is finally being discussed. Davis is in favor of this ordinance. Padfield closed the public hearing for Residential Additions and Infill within the Old Town Overlay District (Exhibit 2) at 7:00. Motion by Facy to recommend approval to City Council for the proposed amendment related to Residential Additions and Infill within the Old Town Overlay District (Exhibit 2). Second by Montgomery. Approved. (5-1; Austin opposed) Padfield opened the public hearing for Certificate of Design Compliance for Demolition of Historic Structures (Exhibit 3) at 7:14. Peter Dana of 1101 Walnut Street stated that he supports as much regulation as possible. Ellen Davis of 405 E. 10 th Street wants to make it harder for people to demolish historic structures. Davis also supports the significant penalties that have been put into place for people who demolish their homes. Richard Cutts of 1312 Elm Street stated that he thinks that this type of an ordinance is similar to the City of Galveston’s ordinance, which has been working very well. Renee Hansen of 1252 S. Austin Avenue stated that she is in favor of the ordinance. Robert Phipps of 1404 Elm Street stated that he is in agreement with Richard Cutts and Renee Hansen. Barbara Meyer of 705 E. 3 rd Street stated that she is in favor of the ordinance. Chris Damon of 1408 Olive Street stated that the Old Town residents are all in agreement that this ordinance should be passed in order to preserve the historic feel. Padfield closed the public hearing for Certificate of Design Compliance for Demolition of Historic Structures (Exhibit 3) at 7:26. Motion by Facey to recommend approval to City Council for the proposed amendment related to Certificate of Design Compliance for Demolition of Historic Structures (Exhibit 3). Second by Austin. Approved. (5-1; Collier opposed) Padfield opened the public hearing at 7:44 for Sidewalks (Exhibit 4). No one came forward to speak. Padfield closed the public hearing at 7:45. Motion by Facey to recommend approval to City Council for the proposed Sidewalks (Exhibit 4) amendment. Second by Montgomery . Approved. (6-0). Padfield opened discussion on the Home-Based Business Limitations (Exhibit 5) amendment to staff and Board members. Facey asked staff what the thought of Old Town is versus the entire city. Cook states that lot of subdivisions have home owners associations that might have restrictions that Old Town does not have. Home owners associations, beyond what the city might require, limit what someone might or might not do from their home. Cochran inquired about the language of Special Use Permit and Home Based business and what is the difference. Cook states that a Special Use Permit is a type of zoning overlay and in order to obtain one , someone must obtain special approval and participate in a public hearing process in front of the Planning and Zoning Commission. The Planning and Zoning Commission will then make their recommendations on the case to City Council. Home Based Business would be discussed in front of the Planning and Zoning Commission, but will not necessarily go to City Council. Padfield opened the public hearing for the Home-Based Business Limitations (Exhibit 5) amendment at 7:57. Robert McMurrer of 1403 S. College Street is in agreement of preserving heritage. He pointed out that the heritage has always provided home based businesses that have contributed to the economic viability, social cohesiveness and charm of the various neighborhoods. McMurrer agreed that there should be one standard for the city and believes that creating more limitations will create a burden for city staff and City Council. McMurrer is not in favor of the restrictive ordinance. Chris Harrison of 424 Champions Drive explained that his wife has been an orchestra teacher for several years and it has been a surprise to them that they may not be in compliance with city standards at this time. Harrison is not in favor of the restrictive ordinance. Tracy Gilliam of P.O. Box 1866 was told two years ago by the city that she was allowed to have a home based business. Gilliam is concerned that her ability to work from her home as a massage therapist will be taken away from her. Gilliam believes that it is unfair that home based business owners will have to go through this time consuming process, given that there have not been any complaints. Gilliam is not in favor of the restrictive ordinance and prefers Option 1. Rene Piotrowski of 2801 Gabriel View is a music teacher in her home. Piotrowski agreed with the past two speakers and encouraged the Planning and Zoning Commission to allow home based businesses. Piotrowski is not in favor of the restrictive ordinance. Brad Mason of 811 Elm Street agreed that home based businesses should be allowed and is not in favor of the restrictive ordinance. Ross Hunter of 908 S. Walnut Street pointed out that Old Town relies on city laws and that there is no home owners association. Hunter believes that the protection for the homeowners of Old Town is compromised by the potential traffic of customers visiting home based businesses in the area. Hunter is in favor of the more restrictive ordinance. Dr. Tamara McReynolds of 916 Walnut Street expressed how she served in the United States Army for 11 years and upon completing her service in Iraq, returned to Georgetown for the following three reasons: freedom, flexibility and friendliness. Dr. McReynolds started a home based business and was told recently that this was a problem. While recognizing that Old Town should be preserved as it is, there are home based business throughout the entire city and there should be one standard. Dr. McReynolds believes that home based businesses should be allowed in Old Town and is not in favor of the restrictive ordinance. Doug Bryce stated that he supports home based business in Old Town. From the day Georgetown was founded, there have been home based businesses. Bryce is not in favor of the restrictive ordinance. Richard Risener of 114 Parque Vista Drive has owned and operated a gun repair shop in Georgetown since 1997 with the blessings of the city. It is a surprise that he is no longer legally running his business by city standards. Risener is not in favor of the restrictive ordinance. Renee Hansen of 1252 S. Austin Avenue believes that people who purchase historic homes should be notified if neighbors living within 200 feet are planning on starting a home based business. Hansen proposes that Special Use Permits be only taken to the Planning and Zoning Commission for review (not City Council) and that the permit would be a lesser fee of $100 as opposed to $500. Hansen is in favor of the more restrictive ordinance. Chris Damon of 1408 Olive Street strongly expressed that he is not in agreement with the restrictive ordinance. Barbara Meyer of 705 E. 3 rd Street states that she experienced a noise ordinance issue with one of her neighbors in the past due to a home based business. Meyer is in agreement with the more restrictive ordinance. Robert Phipps of 1404 Elm Street stated that there are a lot of differences between Old Town and New Town and they can not be treated the same. If there are going to be changes made to the law , there should be many protections provided to the neighborhood. Phipps is in agreement with the more restrictive ordinance. Richard Cutts of 1312 Elm Street is in agreement with the more restrictive ordinance. Peter Dana of 1101 Walnut Street wants to restrict home based business in Old Town as it impacts the neighbors and neighborhood. Dana stated that he lives in a residential neighborhood, not a mixed-use neighborhood and wants to keep it that way. Dana is in agreement with the more restrictive ordinance. Rick Williamson of 204 Holly Street believes that there should be a freedom to own a home based business with limitations. Padfield closed the public hearing for the Home-Based Business Limitations (Exhibit 5) amendment at 8:45. Motion by Cochran to recommend to City Council to apply the same rules for Home-Based Business Limitations (Exhibit 5) to the entire city. Second by Facey. Approved. (6-0). Motion by Facey to recommend to City Council approval of the proposed Home- Based Business Limitations (Exhibit 5) amendment to the UDC related to 5.03.020.E as overall Option 1. Second by Montgomery . Approved. (6-0). Motion by Facey to recommend to City Council approval of the proposed Home- Based Business Limitations (Exhibit 5) amendment to the UDC related to 5.03.020.E.2.e (signage) as overall Option 1. Second by Collier. Approved. (5-1; Austin opposed). Motion by Facey to recommend to City Council approval of the proposed Home- Based Business Limitations (Exhibit 5) amendment to the UDC; item H, Option 3, stating the following: On-street parking utilized by the business shall only be allowed along the property line of the home-based business residence and as allowed by current City code. Off-street parking is limited to existing paved areas and the business shall not result in the increase of on-site parking areas. Second by Cochran. Approved. (5-1; Austin opposed). Motion by Facey to recommend to City Council approval of the proposed Home- Based Business Limitations (Exhibit 5) amendment to the UDC; item i, Option 2, stating the following: The home-based business shall involve no on-site services. However, if the activity is kept at a small scale (meaning generally one or two people conducting the business or meeting with clients) and the business remains compliant with the limitations of this Chapter, the following shall not be considered services: (1) individual academic, music, dance, photography, art, hobby or similar instruction or studio, (2) seamstress or tailor, (3) barber or beauty salon (one (1) chair),(4) financial/investment counseling, accounting, bookkeeping, real estate office, or similar office, (5) individual massage, natural therapy or similar services, (6) counseling in an office setting, and (7) other similar low impact uses as determined by the Director. Second by Cochran. Approved. (5-1; Austin opposed). Padfield stated that City Council will review and discuss all of the options that were voted on. Padfield opened the public hearing on Miscellaneous Amendments section of Exhibit 6 at 9:01. No one came forward to speak. Padfield closed the public hearing at 9:02. Board and staff discuss the Miscellaneous Amendments section of Exhibit 6. Motion by Facey to (1) recommend the City Council approval to the proposed amendments to the UDC related to Miscellaneous Amendments presented in Exhibit 6, (2) add Zoning maps to section 4.02.020 and (3) add the words “of the official zoning map” to the end of the paragraph in section 4.02.020. Second by Austin. Approved. (6-0). 8.Reminder of the January 4, 2010, Planning and Zoning Commission meeting. 9.Motion to Adjourn 9:18. Approved, Don Padfield, ChairAttested, Annette Montgomery , Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, November 2, 2010 The Planning and Zoning Commission will meet on Tuesday, November 2, 2010 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: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour. Commissioners in Training: Sally Pell, Ercel Brashear 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 October 5, 2010, meeting of the Planning and Zoning Commission. Regular Agenda 3.Consideration and Possible Action on an amendment to the Unified Development Code (UDC) to add new Section 10.07.040, Temporary Off-Premise Signs for Open Houses and Model Homes and amend Section 16.02, Definitions. (TB) http://www.georgetown.org/gis/plds/PandZ/2010/UDC-2010-1102.pdf 4.Public Hearing and Possible Action on a Rezoning for approximately 704.25 acres in the Addison and Flores Surveys, from AG, Agriculture and PUD, Planned Unit Development with a base district of Residential Single-Family to PUD, Planned Unit Development with a base zoning district of Residential Single -Family, also known as the Southwestern University campus, located northeast of Maple Street and University Ave. REZ-2009-012 (JCB) http://www.georgetown.org/gis/plds/PandZ/2010/Southwestern_University_PUD_ rezone.pdf 5.Possible discussion and update on the 2008-2009 and 2010-2011 Annual Unified Development Code (UDC) review processes and amendments. 6.Reminder of the December 7, 2010, Planning and Zoning Commission meeting. 7.Adjourn Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, November 2, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , November 2, 2010. Members Present: Don Padfield, Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour.; Commissioners in Training: Ercel Brashear, Sally Pell Members Absent: Porter Cochran, Vice Chair Staff Present: Valerie Kreger, Principal Planner; Jennifer Bills, Housing Coordinator; Tamera Baird, Chief Plans Examiner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Chair Padfield called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Padfield stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 1.Action from Executive Session. There was not an Executive Session. Consent Agenda 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 and possible approval of the Minutes of the October 5, 2010 meeting of the Planning and Zoning Commission. Motion by Facey to approve the consent agenda including the October 5, 2010 minutes. Second by Austin. Approved. (6-0) Regular Agenda 3.Consideration and Possible Action on an amendment to the Unified Development Code (UDC) to add new Section 10.07.040, Temporary Off-Premise Signs for Open Houses and Model Homes and amend Section 16.02, Definitions. (TB) Staff report given by Tamera Baird. Tamera reviewed the requested amendments to the Unified Development Code given by The Commissioners during the October 5 th Planning and Zoning meeting. Motion by Austin to recommend to City Council approval of the proposed amendments to the Unified Development Code including section 10.07.040 and amending 16.02. Second by Facey. Approved. (6-0) 4.Public Hearing and Possible Action on a Rezoning for approximately 704.25 acres in the Addison and Flores Surveys , from AG, Agriculture and PUD, Planned Unit Development with a base district of Residential Single-Family to PUD, Planned Unit Development with a base zoning district of Residential Single-Family, also known as the Southwestern University campus, located northeast of Maple Street and University Ave. REZ-2009-012 (JCB) Staff report given by Jennifer Bills. The University owns approximately 704.25 acres north of University Avenue and east of Maple Street. This includes the main Southwestern Campus as well as the golf course and open space to the northeast. As a university with many uses, Southwestern has been governed by a PUD zoning district , which has been occasionally updated as the University’s campus master plan changes. Since the last major revision to the zoning in 1999, the campus has acquired additional undeveloped property that is currently zoned AG , Agriculture. This PUD amendment will incorporate the new property as well as update the campus’s development plan as it relates to new buildings, parking and landscaping. Staff is supportive of the rezoning request. The proposed PUD is consistent with the Institutional and Open Space Land Use Designations of this site. The applicant has requested a rezoning of 704.25 acres northeast of University Avenue and Maple Street from Agriculture District and Planned Unit Development with a base district of Residential Single-Family to Planned Unit Development with a base district of Residential Single-Family, which will update their existing PUD zoning as well as include surrounding property they have acquired since the last zoning update. The University’s PUD as proposed is compatible with the 2030 Plan Land Use Designation of Institutional and Open Space. Some of the deviations from the UDC allowed for by the plan involve landscaping , tree canopy and parking. Current private roads will continue to be private and not the city owned. Lighting where the golf course is now will be shielded to avoid light spilling onto adjacent properties and street. It does not mean you will not see any lights in the distance, just not spilling over on to any properties and /or streets. Chair Padfield opened the public hearing. Tom Norrell of Wilbarger Point, stated Southwestern always stated it would not build on the green space. Why would you zone it as residential if it’s going to be green space? Staff stated because it was under one development plan. If they want to build anything in that area, they will have to go through Planning and Zoning and neighbors will be notified. This area is also in the flood plain. Chair Padfield closed the public hearing. Motion by Facey to recommend to City Council approval of a request to rezone 704.25 acres from AG, Agriculture and PUD, Planned Unit Development to Planned Unit Development with a base district of Residential Single-Family, also known as the Southwestern University campus. Second by Collier. Approved. (6-0) 5.Possible discussion and update on the 2008-2009 and 2010-2011 Annual Unified Development Code (UDC) review processes and amendments. Staff report by Valerie Kreger. Still working on the 2008-2009 UDC updates and this will be our last round. The changes probably will go to Council in January. Two public workshops and will be held in the evening and during the day. Comments will be brought to the P&Z commissioners. We may have a workshop with council to discuss changes. 6.Reminder of the December 7, 2010, Planning and Zoning Commission meeting. Valerie Kreger reminded Commissioners the next scheduled P&Z meeting will be December 7 th . 7.Motion to Adjourn 6:38pm Approved, Don Padfield, ChairAttested, Annette Montgomery , Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, October 5, 2010 The Planning and Zoning Commission will meet on Tuesday, October 5, 2010 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: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour. Commissioners in Training: Sally Pell, Ercel Brashear 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 September 7, 2010, meeting of the Planning and Zoning Commission. Regular Agenda 3. Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to RS, Residential Single-Family for 163.40 acres; AG, Agriculture District to RL, Residential Low-Density District for 29.77 acres, AG, Agriculture District to MF, Multifamily District for 14.45 acres, and AG, Agriculture District to C-1, Local Commercial District for 27.08 acres, to be known as Madison at Georgetown , located on SH 195 north of Shady Oaks. REZ-2010-006 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-006.pdf 4.Public Hearing and Possible Action on a Rezoning from IN, Industrial District to C-1, Local Commercial District for 1.45 acres, being Lot 2, Block D, of the Horizon Commercial Park, located at 701 Quail Valley Drive. REZ 2010-008 (ME) http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-008.pdf 5.Public Hearing and Possible Action on an amendment to the Unified Development Code (UDC) to add new Section 10.07.040, Temporary Off-Premise Signs for Open Houses and Model Homes and amend Section 16.02, Definitions. (EC) http://www.georgetown.org/gis/plds/PandZ/2010/UDC-2010-Sinage.pdf 6.Possible discussion and update on the 2008-2009 and 2010-2011 Annual Unified Development Code (UDC) review processes and amendments. 7.Reminder of the October 26, 2010 workshop with the City Council and the 2010-2011 UDC Task Force. 8.Reminder of the November 2, 2010, Planning and Zoning Commission meeting. 9.Adjourn. Certificate of Posting I, Jessica Brettle, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, October 5, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , October 5, 2010. Members Present: Porter Cochran, Vice-chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Pat Armour: Commissioners in Training: Sally Pell, Ercel Brashear Members Absent: Don Padfield, Chair and Gene Facey; Staff Present: Elizabeth Cook, Community Development Director, Jordan Maddox, Interim Principal Planner; Mike Elabarger, Planner III; David Munk, Development Engineer; Tamera Baird, Chief Plans Examiner and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Chair Cochran called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Cochran stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 1.Action from Executive Session. There was not an Executive Session. Consent Agenda 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 September 7, 2010, meeting of the Planning and Zoning Commission. Motion by Austin to approve the Consent agenda including the September 7, 2010 minutes. Second by Montgomery. Approved. (5-0) Regular Agenda 3. Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to RS, Residential Single-Family for 165-07 acres; AG, Agriculture District to RL, Residential Low-Density District for 29.77 acres, AG, Agriculture District to MF, Multifamily District for 14.45 acres, and AG, Agriculture District to C-1, Local Commercial District for 27.08 acres, to be known as Madison at Georgetown , located on SH 195 north of Shady Oaks. REZ-2010-006 (JM) Staff report by Jordan Maddox. Jordan gave a brief history of Madison at Georgetown project. The Development agreement was signed in 2008 and agreed to be the wastewater provider to the property . The annexation was approved during the last City council meeting. The applicant has requested a rezoning to conform to a pending plat application. The planned project is for 486 lots on 234 acres. Along SH 195 at the entrance to the subdivision, a 27-acre tract is planned for commercial development (C-1 Local Commercial District). The rest are single-family lots sized between 0.13-acre to 0.69-acre, with most lots being about 0.20-acre. Approximately 30 acres that adjoin the large-lot Shady Oaks subdivision are proposed as RL, Residential Low-Density District. Jordan stated there have been numerous discussions with the Shady Oaks residents. Out of the discussions there were some agreements between the developer and some of the residents of Shady oaks which he will let the applicant explain in detail. Some were changing the lot sizes, increasing the size of the lots, changing the zoning district and allowing a 50 buffer to include 25 foot vegetative and 25 foot no build. Traffic Impact Analysis was conducted and was determined minimal traffic would affect Shady Oaks and its residents. Staff has received 5 comment letters in response to the 200 foot notification letters that were mailed out. Chair Cochran invited the applicant to speak. Paul Linehan reviewed the variance request and stated the annexation was approved by Council last week Tuesday. He stated there were numerous meetings with the residents of Shady Oaks and agreements were made. He explained the 25 foot vegetative buffer and 25 foot no-build zone which is added to the plat. He stated a fence can be placed on the Madison at Georgetown resident property after the 25 foot vegetative buffer. They worked with staff on the water and wastewater agreements. He hopes the Commissioners will approve the Rezone. Chair Cochran opened the Public Hearing. Martha Thompson, 4555 HWY 195, review the history of her property. She stated they have a deed which shows a 2 acre easement that they bought from her mother-in law. Ms. Thompson stated that if Paul wants to strike their easement they should get credit for the easement. During the Council meeting last week, Council asked if Paul could put in a road and he agreed. The only way she and the neighbors knew about this meeting was through the notification letter sent by the City of Georgetown. They are not trying to block anyone; they are just trying to tell the truth. They have been told that a deed does not matter if it’s 100 years ago. She stated that if you have to defend a deed by going to court , you will loose your land defending it due to the cost. She is also concerned with the water usage with the new development. When there was a drought they try to comply by watering their cattle early in the morning and early in the afternoon. What will happen when this development is completed? Staff stated the Thompson’s would have access from Hwy 195 to their house and another entrance from Hwy 195 to their other property. Paul stated he has been land planning and the easement Ms. Thompson is talking about has been vacated and it no longer exist and information was sent to staff. Paul stated Chisholm Water Supply will supply the water and there will be water lines in place and will be enough water and the water pressure will improve. DeLois Young, 512 Buena Vista Drive reviewed over her comment letter she sent to staff. She stated Mr. Linehan kept the Shady Oaks residents in the dark regarding the development information of this property. She also stated that with over 1400 new residents in the area will greatly affect the water usage and will devalue the Shady Oaks residents and will ruin the peaceful, quiet and welcoming atmosphere. Chair Cochran closed the Public Hearing. Motion by Austin to recommend to City Council approval of a request to rezone 165.07 acres from AG, Agricultural District to RS, Residential Single-Family, 29.75 acres from AG, Agricultural District to RL, Residential Low-Density District, 16.80 acres from AG, Agricultural District to MF, Multifamily District for, and 23.08 acres from AG, Agricultural District to C-1, Local Commercial District, to be known as Madison at Georgetown. Second by Armour (5-0) Approved. 4.Public Hearing and Possible Action on a Rezoning from IN, Industrial District to C-1, Local Commercial District for 1.45 acres, being Lot 2, Block D, of the Horizon Commercial Park, located at 701 Quail Valley Drive. REZ 2010-008 (ME) Staff report by Mike Elabarger. The applicant has requested to rezone the property from IN (Industrial) to C1 (Local Commercial) in order to develop a grocery store/deli/meat market business in a proposed 10,000 square foot building. Their stated desire is to serve the local neighborhood and area with a large convenience store focusing on fresh meat sales (ie, meat market). The location choice was strategically selected so as to be on a visible and accessible corner of the future realignment of FM 1460 just to the west of the site. Staff is not supportive of the proposed rezoning to the C-1 district, based on the Future Land Use designation, the existing zoning situation of the area, and the surrounding developed uses (high-density, multi-family dwellings). Though the applicant has made clear their intended development and use, on a property of this size, rezoning to the C-1 district would allow, among others, the following types of future uses on the property: ·Residential uses such as townhouse, apartment, and group living; ·Civic uses such as day care facilities; government and community facilities such as libraries or community centers; religious assemblies or parks; ·Commercial uses such as restaurants and bars, medical/dental office, general office/retail, personal services, laundromats and fitness centers, and fuel sales and car washes (all with specific limitations); and ·Transportation/Utility uses such as parking lots and utility services. At the two Pre-Application meetings with the applicant, staff recommended that a rezoning to the CN (Neighborhood Commercial) could likely be supported by staff, as this district is intended for small-scale office and commercial activities that primarily serve adjacent residential areas. Staff was more comfortable with the type and scale of the other possible permitted uses of the CN district for this property. The applicant’s stated use – a large convenience store – would be considered a “General Retail” commercial use, which is permitted on a Limited (L) basis in both the CN and C-1 districts, subject to Section 5.040.020(U.), Building Size Limitations. This section allows for a single building to be up to 10,000 square feet in the C-1 district, but only 5,000 square feet in the CN district. The applicant’s desire is for a building of approximately 10,000 SF, and thus, chose to apply for rezoning to the C-1 district. If it were possible to process a conditional rezoning to CN, modifying only the building size limitation, the applicant would have done so, and staff could recommend approval. However, this is not an option based on legal counsel. Part of staff’s reasoning not to support rezoning to the C-1 district is because of the current state of development and mix of zoning in the area , in addition to the incompatible land use designation. When the road realignment project is complete , the vicinity will physically be operating in a different way, and the development potential will likely increase. At that time, the City would likely consider a Comprehensive Plan Amendment to change the future land use map, placing some type of commercial node over this property and entire area. Much of the area here is already zoned C-3, and the case could be made for rezoning this property to C-1 as a lessening of intensity moving east toward the residential uses. But at this time, rezoning to C-1 is premature. Staff stated at the advice of legal council staff can not recommend a conditional rezoning. Jim Cummins representing the applicant stated the applicant wants to develop a small grocery store/meat market. He stated industrial uses could be a detention center, cemetery, vehicle service, waste related services. He is not sure of the hours of operation. Mr. Cummins stated the applicant stated this is not a convenience store. Chair Cochran opened the Public Hearing. Ferrel Pruit stated he bought the lot 3 years ago. He is a electrical contractor and wanted to move his company to this lot. Mr. Pruit stated that he does not have any immediate plans to move his company to this lot, but may consider moving his company there along with all his equipment if he can not sell the property. Mr. Casey Jones, 601 Quail Valley. He is concerned for his clients with the traffic flow. He is also concern about drainage since 30% of the property is in the flood plain. Where would the water go if the property is paved? His business employs female who arrive to work early and stay late and are concerned with the hours of operation. Chair Cochran closed the Public Hearing. Motion by Austin to Recommned denial of a request to rezone the property from IN Industrial to C-1 Local Commercial. Second by Montgomery . Approved. 5-0 5.Public Hearing and Possible Action on an amendment to the Unified Development Code (UDC) to add new Section 10.07.040, Temporary Off-Premise Signs for Open Houses and Model Homes and amend Section 16.02, Definitions. (EC) This proposed amendment is a response from a citizen’s request during City Council meeting to allow real estate off prima signs for realtors open houses. Staff has been working with realtors and home builders. Signs that are out at this time are being placed on property illegally. This amendment would only allow signs on city right-of-way and not state right-of-way. The size is limited and only on Saturday and Sunday afternoons. The individual would need to come in and make an application as it is in the ordinance which would allow staff to give a little education about the process to the individual. This is modeled to some degree after the City of Round Rock which some of the realtors informed us works for them there. Permits would be issued for an entire year and can choose how many signs will be used. They would continue to use the sign and would not have to come back for each sign. Tamera Baird, Commercial Permitting, Building Department. Meetings with the public with specific concerns relating to those citizens who feel the 3 foot city-right-of-way is part of their yard since they maintain it did come up and the realtors will need to get permission from the home owners to place a sign. Commissioner wants it mandated for realtors to get permission from the homeowner. Staff stated only one sign for each home at each location. Individual will be limited to one sign for one house. Developers will be limited on the number of signs they are allowed. Each permitted sign will have a sticker on it to indicate the sign has been approved by the City. Renee Hanson. 1252 S. Austin Avenue. Two years ago city took over Austin Ave from Williams Dr. to Leander Rd. because they wanted to control and assist our downtown and historic areas. Because this goes to city right-of-way and would allow signs on Austin Ave. we feel this is not appropriate because Austin Ave. is the gateway to Georgetown and through the downtown. Ms. Hansen would like for Austin Ave not be included to place temporary signs. Commissioners discussed other areas in the historic downtown Georgetown that would not be appropriate for temporary signage to be placed. Commissioners asked staff to include all of Austin Ave to be off limits for temporary signage. Commissioner directed staff to address historic district issues as discussed. Motion by Cochran for staff to change the language to the proposed amendment as discussed to the Unified Development Code (UDC) to add new Section 10.07.040, Temporary Off-Premise Signs for Open Houses and Model Homes and amend Section 16.02, and present it to the Commissioners during the November 2 nd Planning and Zoning Meeting. Second by Montgomery . Approved 5-0 6.Possible discussion and update on the 2008-2009 and 2010-2011 Annual Unified Development Code (UDC) review processes and amendments. Ms. Cook stated staff is working on the last round of amendments to come before them in December. The next meeting will be October 26 possibly starting at 3:00pm. Staff will send out a draft list before the meeting. 7.Reminder of the October 26, 2010 workshop with the City Council and the 2010-2011 UDC Task Force. 8.Reminder of the November 2, 2010, Planning and Zoning Commission meeting. 9.Adjourn. 7:47pm ______________________________________ _____________________________________ Approved, Gregory A. Austin, CommissionerAttested, Annette Montgomery, Secretary Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, September 7, 2010 The Planning and Zoning Commission will meet on Tuesday, September 7, 2010 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: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour. Commissioners in Training: Sally Pell, Ercel Brashear 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 August 3, 2010, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Preliminary Plat for 0.849 acres in the Stubblefield Survey, to be known as Friendly Will Baptist Church Subdivision, Section 1, located at 706 W. 14 th Street. PP-2010-004 (ME) http://www.georgetown.org/gis/plds/PandZ/2010/PP-2010-004.pdf Regular Agenda 4.Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family District to OF, Office for 0.40 acres, located at 1603 Williams Drive. REZ-2010-007 (ME) Application pulled at the request of the applicant . 5.Consideration and Possible Action on a request for Plat Waivers to Section 6.02.040 of the Unified Development Code for block length on five (5) blocks in the Madison at Georgetown Preliminary Plat. WAV-2010-003 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/WAV-2010-003.pdf 6.Consideration and Possible Action on a Preliminary Plat for 234.70 acres in the Walters Survey , to be known as Madison at Georgetown , Section One, located on Highway 195, north of Sun City. PP-2010-003 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/PP-2010-003.pdf 7.Consideration and Possible Action on a Preliminary Plat for 20.04 acres, resubdividing portions of Sun City Neighborhood 1 and 1-D, to be known as the Village Gate at Sun City, located at the northeast corner of Williams Dr. and Del Webb Blvd. PP-2010-006 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/PP-2010-006.pdf 8.Possible discussion and update on the 2008-2009 Annual Unified Development Code (UDC) review process and amendments. 9.Reminder of the October 5, 2010, Planning and Zoning Commission meeting. 10.Adjourn. Certificate of Posting I, Jessica Brettle, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, September 7, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , September 7, 2010. Members Present: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey & Pat Armour. Commissioners in Training: Ercel Brashear and Sally Pell Members Absent: NA Staff Present: Elizabeth Cook, Community Development Director, Jordan Maddox, Principal Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Chair Padfield called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Padfield 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. (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 August 3, 2010, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Preliminary Plat for 0.849 acres in the Stubblefield Survey, to be known as Friendly Will Baptist Church Subdivision, Section 1, located at 706 W. 14 th Street. PP-2010-004 (ME) Motion by Facey Motion by Facey to approve the Consent agenda including the August 3, 2010 minutes as corrected. Second by Austin. Approved (7–0). Regular Agenda 4.Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family District to OF, Office for 0.40 acres, located at 1603 Williams Drive. REZ-2010-007 (ME) Application pulled at the request of the applicant . At this time Chair Padfield request staff to present item #7. 7.Consideration and Possible Action on a Preliminary Plat for 20.04 acres, resubdividing portions of Sun City Neighborhood 1 and 1-D, to be known as the Village Gate at Sun City, located at the northeast corner of Williams Dr. and Del Webb Blvd. PP-2010-006 (JM) Staff report given by Jordan Maddox. The applicant has submitted a replat that reconfigures four existing lots and creates a total of nine lots to develop a proposed assisted living facility and two related facilities, along with commercial lots fronting Williams. There is a companion rezoning underway that would allow these uses in full compliance. This property has long been planned for an assisted living facility or something similar and the current project removes much of the commercial planned by the most recent proposal in 2007. The applicant’s plan is to use the Sun City open space lot for two landscaped wet ponds, maintained and preserved as open space for the benefit of Sun City residents. The two 0.779-acre parcels reflect a pending land swap between the two property owners pertaining to the existing open space lot owned by Del Webb. This land swap will preserve the same amount of open space currently enjoyed by the residents and be in compliance with the Sun City Concept Plan, to the extent that the acreage of open space for the entrance lot is unchanged from the 9 th Amendment. Chair Padfield invited the applicant. The applicant was not present. Chair Padfield opened the Public Hearing; no one came forward and the Public hearing was closed. Motion by Facey approval of the Preliminary Plat, conditional on the companion rezoning being approved by the City Council within 90 days of this action. Second by Armour. Approved (7-0) 5.Consideration and Possible Action on a request for Plat Waivers to Section 6.02.040 of the Unified Development Code for block length on five (5) blocks in the Madison at Georgetown Preliminary Plat. WAV-2010-003 (JM) Staff report given by Jordan Maddox. The applicant has a Preliminary Plat currently in process and is seeking a waiver to a UDC requirement of maximum block length. There were seven (7) block lengths that initially exceeded the maximum length; after revisions to the plat, there remain five (5) block lengths that fall under the waiver request . The block length provision is in the Code for several reasons: to break up the continuous string of housing, increase connectivity within a subdivision and ease the appearance of a straightaway that would increase traffic speeds. Section 6.02.040 is one of the few sections that are eligible for waiver consideration by the Commission. Staff recommends against the Plat Waiver for the remaining two blocks (A and L) because the justifications offered do not apply to these specific blocks, nor do they establish legitimate reasons to waive the requirement. Staff feels that all five blocks could be redesigned to comply with the provision, but do not see convincing reasons for these two blocks in particular. Additionally, all of the block length issues existed prior to any changes to the plat based on access point connection revisions, as the applicant letter implies. Chair Padfield invited the applicant to speak. Paul Linehan, Land Strategies gave a poster board presentation addressing the issues in question. Mr. Linehan feels there is good connectivity in the subdivision and is requesting a minor waiver. He stated he will be glad to answer questions. Commissioners suggested to possibly add a local vacant lot. Mr. Linehan stated they already reduced the number of lots and feels it’s not appropriate. George DeVillar stated he is a home owner in Shady Oaks and represents 100 plus property owners. He stated that the neighbors and Mr. Linehan came to a mutual agreement, but Mr. Linehan deviated from the original agreement. Mr. Linehan stated in a previous email there would be a 50 foot no-build buffer area, thinking no construction. However, Shady Oaks residents learned today that 25 feet will be natural and 25 feet no build buffer which was told to them that 50 feet would be natural and no build. Staff explained what a no-build zone is and stated there is a 50 foot no build zone on the plat which will be recorded. Chair Pafield closed the Public Hearing. Motion by Facey to deny the maximum block length to be exceeded Waiver for Block A and L and to approve Block I , J, and O on the Preliminary Plat for Madison at Georgetown. Second by Porter. Approved. (6-1) Padfield. 6.Consideration and Possible Action on a Preliminary Plat for 234.70 acres in the Walters Survey , to be known as Madison at Georgetown , Section One, located on Highway 195, north of Sun City. PP-2010-003 (JM) Staff stated since two of the blocks were denied waivers the plat is not in conformance with the UDC and can not be recommended in full support by the Commission tonight. Therefore, there are two options for the commission. They can instruct the applicant to make the changes and come back to P&Z for approval in October at the earliest , or the Commission can make a motion to staff and the applicant to work together to come up with another alternative between now and the city council and not return to P&Z. Motion by Padfield for staff to work with the applicant to ensure conformance with the UDC for the two denied block lengths and once issues are resolved with staff approval, the P&Z Commission recommends approval to City Council. Second by Austin. Friendly Amendment to the Motion by Commissioner Facey that in addition to the Motion a 25 foot buffer adjacent to the property line as shown and within the 25 foot vegetative buffer that there would be a preservation of 12 inch oaks and elms in addition to the Heritage trees and further , there would be a 25 foot no building zone and the details of what can be built and not built be worked out with staff. Second by Padfield. Approved. (6-1) Collier 7.Possible discussion and update on the 2008-2009 Annual Unified Development Code (UDC) review process and amendments. Liz Cook stated staff is working on the 5 th round of UDC amendments. Anticipate updates will be presented during the November P&Z meeting. They will soon be starting on the next year’s round of UDC amendments. 8.Reminder of the October 5, 2010, Planning and Zoning Commission meeting. 9.Adjourn. 8:22 p.m. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, August 3, 2010 The Planning and Zoning Commission will meet on Tuesday, August 3, 2010 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: Commissioners:Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour. Commissioners in Training: Sally Pell, Ercel Brashear 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 July 6, 2010, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Public Review Final Plat for 27.62 acres in the Foy Survey , to be known as Sun City Neighborhood Fifty-five, located south of the intersection of Cool Spring Way and Pedernales Falls Drive. (JM) PP-2010-005 http://www.georgetown.org/gis/plds/PandZ/2010/PP-2010-005.pdf Regular Agenda 4.Public Hearing and Possible Action on a Rezoning to amend a Planned Unit Development (PUD) district for 31.94 acres, known as The Summit at Rivery Park, being Lots 1-7, Block A, The Rivery Park II, and Lot 2, Block A, Rivery Park, located on Rivery Boulevard. REZ-2010-003 (VK) http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-003.pdf 5.Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to PUD, Planned Unit Development District for 27.62 acres in the Foy Survey , to be known as Sun City Neighborhood Fifty-five, located south of the intersection of Cool Spring Way and Pedernales Falls Drive. REZ-2010-004 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-004.pdf 6.Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to C-3, General Commercial District, for 0.779 acres; from C-1, Local Commercial District to C-3, General Commercial District for 0.59 acres; and from C-1, Local Commercial District to AG, Agriculture District for 0.779 acres, in the Wilkinson Survey, to be known as the Village Gate at Sun City, located at the northeast corner of Williams Dr. and Del Webb Blvd. REZ-2010-005 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-005.pdf 7.Consideration and Possible Action on a Preliminary Plat for 20.04 acres, resubdividing portions of Sun City Neighborhood 1 and 1-D, to be known as the Village Gate at Sun City, located at the northeast corner of Williams Dr. and Del Webb Blvd. PP-2010-006 (JM) Postponed at the request of the applicant to the September 7, 2010 Planning and Zoning Meeting. 8.Possible discussion and update on the 2008-2009 Annual Unified Development Code (UDC) review process and amendments. 9.Reminder of the September 7, 2010, Planning and Zoning Commission meeting. 10.Adjourn. Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, August 3, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , August 3, 2010. Members Present: Don Padfield, Chair; Porter Cochran, Vice Chair; Brandon Collier, Gregory A. Austin, Gene Facey & Pat Armour. Commissioners in Training: Ercel Brashear Members Absent: Annette Montgomery, Secretary Commissioners in Training:Sally Pell Staff Present: Elizabeth Cook, Community Development Director, Jordan Maddox, Principal Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Chair Padfield called the meeting to order at 6:01 p.m. and led the Pledge of Allegiance. Chair Padfield stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 1.Action from Executive Session. There was not an Executive Session. Consent Agenda 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 consent Agenda including the Minutes of the August 3, 2010, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Public Review Final Plat for 27.62 acres in the Foy Survey, to be known as Sun City Neighborhood Fifty-five, located south of the intersection of Cool Spring Way and Pedernales Falls Drive . (JM) PP-2010-005 The above item was pulled to the regular agenda by Chair Padfield. Motion by Facey to approve the July 6, 2010 minutes as corrected. Second by Collier. Approved. (6-0) Regular Agenda At this time Chair Padfield informed Commissioners and citizens that item #7-Consideration and Possible Action on a Preliminary Plat for 20.04 acres, resubdividing portions of Sun City Neighborhood 1 and 1-D, to be known as the Village Gate at Sun City , located at the northeast corner of Williams Dr. and Del Webb Blvd.will be postponed at the request of the applicant to the September 7, 2010 Planning and Zoning Meeting. 4.Public Hearing and Possible Action on a Rezoning to amend a Planned Unit Development (PUD) district for 31.94 acres, known as The Summit at Rivery Park, being Lots 1-7, Block A, The Rivery Park II, and Lot 2, Block A, Rivery Park, located on Rivery Boulevard. REZ-2010-003 (VK) Staff report by Valerie Kreger. The applicant has requested an amendment to The Summit at Rivery Park PUD in order to incorporate a ground-level residential section into the overall project along with other design changes. These changes include increasing the development zones from two to three and increasing the impervious coverage allowance from 65% to 75% to accommodate the proposed residential units. The eight lots included in this property were rezoned to PUD in 2007 to accommodate a mixed-use corporate and event center including office buildings, a multi-story hotel(s), restaurant pad sites and a multi-story parking garage(s). A base district of C-3 was established for the two zones, but certain uses were prohibited including drive -through restaurants, vehicle sales and heavy service, heavy and light industrial uses, warehouse uses, self-storage uses, and places of worship as a primary use, as well as banking drive-through uses in Zone B. Limited upper-story residential development was to be allowed in Zone B only, provided it did not exceed 30% of the total usable area of the building. A key deviation from the C-3 base district requirements was the increase in allowable height from the permitted 45 feet to fifteen (15) stories or 225 feet. Staff is supportive of the PUD amendment based on the Future Land Use designation and the details of the development plan. Chair Padfield invited the applicant to speak. Marlene McMichael, representative for the applicant gave a powerpoint presentation. Chair Padfield opened the Public Hearing. Terry Donahue, 104 Plover Pass asked if there has been a traffic study for Rivery Blvd. He feels there will be too many entries on Rivery and one light will not be enough. Staff stated there will be a TIA. Chair Padfield closed the public hearing. Motion by Facey to recommend approval of a request to amend a Planned Unit Development District for 31.94 acres, known as The Summit at Rivery Park, conditional on the TIA verification indicating no increase in traffic generation triggering an update to the existing TIA. Second by Austin. Approved. (6-0) 5.Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to PUD, Planned Unit Development District for 27.62 acres in the Foy Survey, to be known as Sun City Neighborhood Fifty-five, located south of the intersection of Cool Spring Way and Pedernales Falls Drive. REZ-2010-004 (JM) Pulled from Consent Agenda. Consideration and Possible Action on a Public Review Final Plat for 27.62 acres in the Foy Survey, to be known as Sun City Neighborhood Fifty-five, located south of the intersection of Cool Spring Way and Pedernales Falls Drive. (JM) PP-2010-005 Staff report given by Jordan Maddox. The 27-acre site is located in the northwestern portion of the Sun City development, near the new Cowan Creek Golf Course and Amenity Center. It will be located along the future extension of Pedernales Falls Drive. This rezone and plat will allow 70 standard Sun City residential lots and four open space lots on approximately 27 acres. The subject property is surrounded by undeveloped land intended for future Sun City neighborhoods and backs up to Woodland Park subdivision to the south and west. Chair Padfield opened the Public Hearing; no one came forward and the Public hearing was closed. Motion by Facey to recommend to the City Council approval of the rezoning request from AG, Agriculture District to PUD, Planned Unit Development District, to be known as Sun City Neighborhood Fifty-five. Second by Austin. Approved. (6-0) Motion by Facey for approval of the Public Review Final Plat for Sun City Neighborhood 55, conditional upon City Council approval of the companion rezoning request for the same property within 90 days of this motion. Second by Armour. Approved. (6-0) 6.Public Hearing and Possible Action on a Rezoning from AG, Agriculture District to C-3, General Commercial District, for 0.779 acres; from C-1, Local Commercial District to C-3, General Commercial District for 0.59 acres; and from C-1, Local Commercial District to AG, Agriculture District for 0.779 acres, in the Wilkinson Survey, to be known as the Village Gate at Sun City, located at the northeast corner of Williams Dr. and Del Webb Blvd. REZ-2010-005 (JM) Staff report by Jordan Maddox. The applicant has requested a zoning change that revises zoning boundaries for existing and proposed lots for an anticipated assisted living facility and commercial lots. Part of the zoning reflects a pending land swap to allow more frontage along Williams Drive for commercial development, while preserving the Sun City open space lot. A companion replat is in process. Staff supports the requested zoning changes. Chair Padfield invited the applicant to speak. Bruce Barton representing the applicant stated the property will be senior care, rehabilitation and retail. Chair Padfield opened the Public Hearing. Terry Donahue, 104 Plover Pass, asked if there will be a pond. Mr. Barton stated there will be a pond with a fountain and landscape. Chair Padfield closed the Public Hearing. Motion by Austin recommend to City Council approval of a rezone requesting from AG , Agriculture District to C -3, General Commercial District , for 0.779 acres; from C-1, Local Commercial District to C-3, General Commercial District for 0.59 acres; and from C-1, Local Commercial District to AG, Agriculture District for 0.779 acres, to be known as the Village Gate at Sun City. Second by Collier. Approved. (6-0) 8.Possible discussion and update on the 2008-2009 Annual Unified Development Code (UDC) review process and amendments. Valerie Kreger stated staff will be having a 5 th round of UDC amendments. The main items being reviewed include home occupations , landscape and tree. 9.Staff reminded Commissioners that September 7, 2010 will be the next Planning and Zoning Commission meeting. 10.Motion to adjourn at 7:30 p.m. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, July 6, 2010 The Planning and Zoning Commission will meet on Tuesday, July 6, 2010 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: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour. Commissioners in Training: Sally Pell, Ercel Brashear 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 1, 2010, meeting of the Planning and Zoning Commission. Regular Agenda 3.Public Hearing and Possible Action on a Comprehensive Plan Amendment to change the future land use from Medium Density Residential to Employment Center for 39.39 acres in the Berry Survey , to be known as Grande Offices, located at 1010 County Road 152. CPA-2010-001 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/CPA-2010-001.pdf 4.Public Hearing and Possible Action on a Rezoning from AG, Agriculture to IN, Industrial for 39.39 acres in the Berry Survey , to be known as Grande Offices, located at 1010 County Road 152. REZ-2010-002 (JM) http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-002.pdf 5.Reminder of the August 3, 2010, Planning and Zoning Commission meeting. 6.Adjourn. Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, July 6, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , July 6, 2010. Members Present: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gene Facey, Pat Armour. Commissioners in Training: Ercel Brashear Members Absent: Gregory A. Austin Commissioner(s) in Training Absent: Sally Pell Staff Present: Elizabeth Cook, Community Development Director, Jordan Maddox, Planner III; Valerie Kreger, Principal Planner; David Munk, Development Engineer and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Chair Padfield called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Padfield stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 1.Action from Executive Session. There was not an Executive Session. Consent Agenda 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 1, 2010, meeting of the Planning and Zoning Commission. Motion by Facey to approve the Consent agenda including the June 1, 2010 minutes as corrected. Second by Collier. Approved. (6-0) Regular Agenda 3.Public Hearing and Possible Action on a Comprehensive Plan Amendment to change the future land use from Medium Density Residential to Employment Center for 39.39 acres in the Berry Survey , to be known as Grande Offices, located at 1010 County Road 152. CPA-2010-001 (JM) Staff report by Jordan Maddox. The applicant has requested that the City amend the Future Land Use Plan for approximately 40 acres off of CR 152 from Moderate Density Residential to Employment Center. The proposed land use category would accommodate the requested zoning of Industrial , which is needed for the applicant to fill an old gravel pit and set up his construction business office at the location. The Industrial District (IN) will be compatible with the 2030 Plan if the Future Land Use Plan Amendment to change the property to Employment Center is approved. The site is flat in some areas with a few trees, but is mostly a large open hole in the ground. The quarry pit gradually gets deeper towards the eastern boundary , up to approximately 60 feet deep. Depending on rainfall, much of the pit typically retains a significant amount of water. There are some large oak trees along the north and west property lines as a natural buffer from surrounding properties and significant vegetation along the Smith Branch creek to the south. There are two rural homes nearby , each at least 250 feet from the property line and much further from the quarry pit and location of the proposed office/truck parking. There is an RV park/RV storage abutting the northeastern corner of the site, located outside of the city limits. To the south is the Pecan Branch Creek (and considerable floodplain), where the City of Georgetown has land for a future linear park and trail system. Staff supports the land use change from Moderate Density Residential to Employment Center , based on several factors. The land and surrounding area was originally designated for residential due to the fact that the City did not serve utilities to the area and was hesitant to plan for anything more intense than residential. The area is served by Jonah Special Utility District and the City wanted to make sure that Jonah and a developer’s engineer could prove that any commercial use could meet commercial fire flow (gallon per minute water flow) prior to approving a more intense use. Additionally, the City will have less wastewater reach in areas outside of our water service area and , thus, cannot plan for high density developments. Chair Padfield invited the applicant to speak. John Gustainis stated he will be glad to answer questions. He also stated he contacted neighboring property owners and there were no complaints regarding his application. Chair Padfield opened the public hearing, no one came forward and the public hearing was closed. Motion by Facey to recommend approval of a request to rezone 39.39 acres from Moderate Density Residential to Employment Center , to be known as Grande Offices, located at 1010 CR 152 and amend the Comprehensive Plan accordingly . Second by Armour. Approved. (6-0) 4.Public Hearing and Possible Action on a Rezoning from AG, Agriculture to IN, Industrial for 39.39 acres in the Berry Survey , to be known as Grande Offices, located at 1010 County Road 152. REZ-2010-002 (JM) Staff report by Jordan Maddox. The applicant has requested that approximately 40 acres off of CR 152 be rezoned from Agriculture District to Industrial District in order to fill an old gravel pit and set up his construction business office at the location. The Industrial District will be compatible with the 2030 Plan if the companion application for a Future Land Use Plan Amendment, to change the property to Employment Center , is approved. The site is flat in some areas with a few trees, but is mostly a large open hole in the ground. The quarry pit gradually gets deeper towards the eastern boundary , up to approximately 60 feet deep. Depending on rainfall, much of the pit typically retains a significant amount of water. There are some large oak trees along the north and west property lines as a natural buffer from surrounding properties and significant vegetation along the Smith Branch creek to the south. There are two rural homes nearby, each at least 250 feet from the property line and much further from the quarry pit and location of the proposed office/truck parking. There is an RV park/RV storage abutting the northeastern corner of the site , located outside of the city limits. To the south is the Pecan Branch Creek (and considerable floodplain), where the City of Georgetown has land for a future linear park and trail system. The proposed IN District is the most intense district in respect to the types of uses allowed to occur. Generally, the Industrial District is reserved for uses that may contain heavy equipment and trucks, manufacturing and warehouse uses. The district is required for this particular project because of the nature of filling and dumping, the occurrence of heavy truck traffic, and the overnight storage of construction trucks. The applicant has indicated that the future use for the property, after the fill is completed, will likely be an office or business park of some kind, with office/warehouses and similar uses. Industrial has considerable setbacks and contains the largest bufferyard required by the Code along each property line , curtailing any potential nuisances created on the site. Staff supports the rezoning change from AG to IN, based on the fact that this land is unusable in its current form. The current quarry pit is no longer useful for material extraction , and allowing the owner to fill the land to make it useful in another form is beneficial to the property owner , the tax base, and the community. Additionally, the City has unimproved parkland to the south of Pecan Branch Creek (on the southern border of this property) and the unfilled pit could become a safety hazard if that parkland was developed. The AG District was always intended to be a zoning placeholder (after annexation) until development is proposed, and this land has no agriculture capability in its current state. The IN District is suitable for the area due to its high utility capacity, transportation access. Chair Padfield opened the public hearing, no one came forward and the public hearing was closed. Motion by Montgomery to recommend to Council approval of a request to rezone 39.39 acres from AG, Agriculture to IN, Industrial, to be known as Grande Offices. Second by Armour. Approved. (6-0) 5.Reminder of the August 3, 2010, Planning and Zoning Commission meeting. Chair Padfield requested agenda item #4 from the June 1 st P&Z meeting be brought forward to this meeting and discussed. Training and discussion regarding the function of the Planning and Zoning Commission. Liz Cook stated training will be postponed to the July 6 th meeting. Chair Padfield requested staff to have training during the regular Planning and Zoning meetings as needed. 6.Motion to adjourn at 6:22pm Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, June 1, 2010 The Planning and Zoning Commission will meet on Tuesday, June 1, 2010 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: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey, Pat Armour. Commissioners in Training: Sally Pell, Ercel Brashear 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 April 6, 2010, meeting of the Planning and Zoning Commission. Regular Agenda 3.Consideration and Possible action on a Waiver request to use the lesser setback standards for Reserve at Berry Creek , Section 1A, Phase II, Block A, Lot 11, located at 21 Sarazen Loop North . (CB) WAV-2010-002 4.Training and discussion regarding the function of the Planning and Zoning Commission. 5.Review and discussion of recent Unified Development Code Amendments. 6.Reminder of the July 6, 2010, Planning and Zoning Commission meeting. 7.Adjourn. Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, June 1, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , June 1, 2010. Members Present: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Pat Armour, Gregory A. Austin, Brandon Collier and Gene Facey Commissioners in Training: Ercel Brashear and Sally Pell Members Absent: None Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Chair Padfield called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Padfield 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. 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.) 1.Action from Executive Session No Executive Action. 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 April 6, 2010, meeting of the Planning and Zoning Commission. Motion by Austin to approve the Consent agenda including the April 6, 2010 minutes as corrected. Second by Facey. Approved 7 – 0. Regular Agenda 3.Consideration and Possible action on a Waiver request to use the lesser setback standards for Reserve at Berry Creek , Section 1A, Phase II, Block A, Lot 11, located at 21 Sarazen Loop North. (CB) WAV-2010-002 Staff report by Carla Benton. The applicant has requested approval of a waiver in accordance with Section 1.03.C of the Unified Development Code (UDC) to allow the utilization of lesser setback standards for the rear and side lot lines. The proposed development would create a covered patio/fireplace and pool within the platted 20-foot rear setback. The patio and pool are allowed up to three (3) feet from the property line but the proposed cover over the patio and fireplace must meet the building setback requirement. The current UDC regulation requires a 10-foot rear setback. Additionally, the applicant would like to request a waiver to allow the five- foot platted setback on the side property line as opposed to the six-foot side setback established by the UDC. Heritage trees will not be affected. Applicant is making sure to follow the City’s guidelines. Staff supports this request as “the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in Administering the UDC” and “the granting of the waiver will not substantially conflict with the Comprehensive Plan and the purposes of the UDC” Motion by Facey to recommend approval of a waiver , pursuant to Section 1.03.C of the UDC, to allow utilization of the less restrictive setbacks for Reserve at Berry Creek , Section 1A, Phase II, Block A, Lot 11, located at 21 Sarazen Loop North. Second by Cochran. (7-0) Approved. 4.Training and discussion regarding the function of the Planning and Zoning Commission. Liz Cook stated training will be postponed to the July 6 th meeting. 5.Review and discussion of recent Unified Development Code Amendments. Liz Cook reviewed over the Unified Development Code Amendments that were adopted by City Council and stated there will be one more round of updated amendments. 6.Reminder of the July 6, 2010, Planning and Zoning Commission meeting. 7.Motion to adjourn at 6:14pm. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, April 6, 2010 The Planning and Zoning Commission will meet on Tuesday, April 6, 2010 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: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Pat Armour, Brandon Collier, Gregory A. Austin, Gene Facey. 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 March 2, 2010, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Preliminary Plat for 4.027 acres in the Stubblefield Survey, to be known as Sundance Plaza, located 3600 E. University (the southwest intersection of SH 130 and E. University). (JM) PP-2010-001 http://planning.georgetown.org/files/2010/04/PP-2010-001.pdf Regular Agenda 4.Waiver request to use the setback standards as established in the Unified Development Code for Country Club Acres , Unit IV, Block 2, Lot 4, located at 1200 Power Road. (CB) WAV-2010-001 http://planning.georgetown.org/files/2010/04/WAV-2010-001.pdf 5.Public Hearing and possible action on a Final Plat of a Resubdivision of University Park, Section One, Block A, Lots 10, 11, 12, 13 & 14, with waivers requested to the lot width and lot size, located at 1403-1411 Bergin Court. (CB) FP-2010-003 http://planning.georgetown.org/files/2010/04/FP-2010-003.pdf 6.Public Hearing and possible action on the Fourth Round of 2008-2009 Unified Development Code Amendments. http://planning.georgetown.org/files/2010/04/Item-6-UDC-Amendments.pdf http://udc.georgetown.org 7.Reminder of the May 4, 2010, Planning and Zoning Commission meeting. 8.Adjourn. Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, April 6, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , April 6, 2010. Members Present: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Pat Armour, Gregory A. Austin, Brandon Collier and Gene Facey Commissioners in Training: Ercel Brashear and Sally Pell Members Absent: None Staff Present: Elizabeth Cook, Community Development Director; Valerie Kreger, Principal Planner; David Munk, Development Engineer; Jordan Maddox, Planner; Carla Benton; Planner; Candice McDonald, Planning Specialist; Mark Sokolow, City Attorney and Karen Frost, Recording Secretary. Minutes Regular Meeting Chair Padfield called the meeting to order at 6:04 p.m. and led the Pledge of Allegiance. Chair Padfield held a moment of silence in honor of Stephanie McNickle’s husband, David, who passed away the week before. Chair Padfield stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 1.Action from Executive Session. There was not an Executive Session. Consent Agenda 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 March 2, 2010 meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Preliminary Plat for 4.027 acres in the Stubblefield Survey, to be known as Sundance Plaza, located 3600 E. University (the southwest intersection of SH 130 and E. University). (JM) PP-2010-001 Motion by Facey to approve the Consent agenda including the March 2, 2010 minutes as corrected. Second by Montgomery. Approved 7 – 0. Regular Agenda 4.Waiver request to use the setback standards as established in the Unified Development Code for Country Club Acres, Unit IV, Block 2, Lot 4, located at 1200 Power Road. (CB) WAV-2010-001 Carla Benton presented the staff report. The applicant has requested approval of a waiver in order to utilize the setbacks of the UDC instead of the more restrictive platted setbacks to facilitate construction of additional living space and a utility/ work space/ garage. The property was platted with a 25-foot setback only along street frontages. Benton reported the current UDC regulation requires a 20-foot front setback along Power Road, a 10-foot side street setback along Gabriel View Drive, a 10-foot rear setback and a 6-foot side property line setback. Additionally, as required by Section 6.05.020.B.4.b the applicant is proposing to locate the proposed utility/ work space/ garage portion of the development twenty (20) feet from the side street. Staff recommends approval of the waiver based on the lack of sufficient consistency within the subdivision to raise concern of dissimilar development. And in administering the UDC, the granting of the waiver will not substantially conflict with the Comprehensive Plan and the purposes of the UDC. Commissioners questioned the drainage of the area and the approval of a second driveway. Benton responded the Development Engineer has reviewed this property and is in favor of the recommendation. Motion by Facey to approve a waiver, pursuant to Section 1.03C of the UDC, to allow utilization of the less restrictive UDC setbacks for Country Club Acres, Unit IV, Block 2, Lot 4, located at 1200 Power Road. Second by Collier. Approved 7 – 0. 5.Public Hearing and possible action on a Final Plat of a Resubdivision of University Park, Section One, Block A, Lots 10, 11, 12, 13 & 14, with waivers requested to the lot width and lot size, located at 1403-1411 Bergin Court. (CB) FP-2010-003 Benton presented the staff report. This Final Plat is a resubdivision of five residential duplex lots to create ten residential single family attached lots with waivers requested to the lot width for cul-de-sac lots, existing developed lots and lot size for existing developed lots. In order to respond to current market needs the applicant is requesting to change the condominium style duplex development to individual ownership of each dwelling unit . While the lots met the duplex standards at the time of their platting in 1970, in order to meet the single-family attached standard of the UDC waivers are being requested to Secion 6.03.060.C.2.d. for minimum lot width of 45 feet and Section 6.05.010.B for minimum lot width on a cul-de-sac of 30 feet at the property line or setback. Staff supports the Final Plat and Waiver request. Chair Padfield asked the applicant to come forward for introduction. Lewis Aven was in attendance. Stating he lives at 5012 Finley in Austin. He stated he was merely trying to take the three existing duplex dwellings and convert those from condominium type interests to fee simple interests and then developing the two vacant platted duplex lots to the same type of residential single family attached lots. Chair Padfield opened the Public Hearing at 6:22 p.m. Patricia Sanderson, resident of Round Rock and owner of 1406 A and B Bergin Court offered concerns about the commission giving waivers on houses that were already built. She did not have a complaint, only questions about the process. Chair Padfield closed the Public Hearing at 6:27 p.m. as there were no other speakers. Motion by Chair Padfield to recommend approval of the Final Plat of the Resubdivision of University Park, Section One, Block A, Lots 10-14, with waivers to lot width and size as described in the staff report. Second by Facey. Approved 7 – 0. 6.Public Hearing and possible action on the Fourth Round of 2008-2009 Unified Development Code Amendments. Elizabeth Cook conducted a summary of the proposed changes to the UDC, explaining that this was the fourth round in several months’ worth of discussions and meetings. Valerie Kreger presented handouts to the Commission of the items that had been changed since the Commissioners received the detailed items on disk the previous week. Jordan Maddox provided video support and projected the summary items on the overhead screens. Cook explained the proposed changes by chapter, answering questions of the Commission as asked. Padfield requested that staff try to make the fees discussed in Chapter 2 sound more positive. There was also discussion of the definition of a License to Encroach. There was also discussion that the Commission’s responsibility could change from recommendation to approval of subdivision items including Preliminary Plats and Plat Waivers, thereby shortening the review time for subdivisions. The Zoning Board of Adjustment (ZBA) would be reviewing Master Sign Plan applications instead of P&Z. Chapter 3 will also be more specific about the appeals processes. Chapter 5 is being replaced, combining the Use Categories from Chapter 16 with the uses existing in the existing Chapter 5. Chapter 6 changes are mainly for clarification . Chapter 7 changes were made to address changes in Chapter 5 and to address limited uses in CN and C1, accommodating possible uses of churches, schools, nursing homes, etc. with less restrictions than currently available. Cook explained the option in Chapter 14 that staff is requesting direction on. There is a major change proposed from the existing ordinance, which today does not allow a building housing a nonconforming use to be rebuilt if it is destroyed by 50% or more of its value. As proposed in Section 14.02.060, two options were presented for the Commissions consideration that would allow structures housing nonconforming uses to be rebuilt if destroyed by more than 50%. Option 1 allows the structure to be rebuilt with approval of a Special Exception and the second option allows reconstruction without any approval restrictions. Padfield requested that the definition of a Special Exception be included in Chapter 16. Cook responded that Kreger was attempting to put as many definitions as possible in the new Chapter 16, and would include application types when possible. Chapter 16 was still being “cleaned-up”. Padfield opened the Public Hearing at 7:32 p.m. and as there were no public speakers, closed the Public Hearing at 7:32 p.m. Motion by Facey to recommend to City Council approval of the amendments presented to the Commission of the Unified Development Code, including Section 14.02.060 Option 1, that being the public input or the exception granted by the ZBA. Further, the staff continues to edit Chapter 15 with the City Attorney and that the staff also continues to make minor edits as needed to the document that was presented to the Commission. Second by Porter Cochran. Motion approved, 7 – 0. 7.Reminder of the May 4, 2010, Planning and Zoning Commission meeting. 8.Adjourn. Chair Padfield adjourned the meeting at 7:42 p.m. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, March 2, 2010 The Planning and Zoning Commission will meet on Tuesday, March 2, 2010 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: Commissioners:Don Padfield, Chair; Annette Montgomery, Secretary; Porter Cochran, Pat Armour, Brandon Collier, Gregory A. Austin, Gene Facey. Commissioners in Training: Sally Pell and Ercel Brashear 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 February 2, 2010, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action regarding the 2030 Comprehensive Plan Annual Update Report. (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/2030update2010.pdf Regular Agenda 4.Consideration and possible action to elect a Vice Chair and Secretary for the 2010-2011 Planning and Zoning Commission. 5.Public Hearing and Possible Action on a Rezoning for 4.027 acres in the Stubblefield Survey from AG, Agriculture District to C-3, General Commercial District, to be known as Sundance Plaza, located at 3600 E. University. (JM) REZ-2010-001 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-001.pdf 6.Public Hearing and Possible Action on a Comprehensive Plan Amendment, adopting the Citizen Participation Plan as a functional element of the 2030 Comprehensive Plan. (JM) For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/2030CPA.pdf 7.Reminder of the April 6, 2010, Planning and Zoning Commission meeting 8.Adjourn. Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, March 2, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , March 2, 2010. Members Present: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin and Pat Armour. Commissioners in Training: Ercel Brashear and Sally Pell Members Absent: Gene Facey Staff Present: Elizabeth Cook, Community Development Director, Jordan Maddox, Planner III; David Munk, City Engineer; Candice McDonald, Planning Specialist and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting 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 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. Chair Padfield welcomed Pat Armour to the Commission. He also welcomed Ercel Brashear and Sally Pell, the new Commissioners in Training. 2.Consideration and possible approval of the Minutes of the February 2, 2010 meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action regarding the 2030 Comprehensive Plan Annual Update Report. (JM) At this time Chair Padfield pulled the above item to the regular agenda. Motion by Montgomery to approve the Consent agenda including the February 2, 2010 minutes. Second by Collier. Approved. (5-0) Regular Agenda 4.Consideration and possible action to elect a Vice Chair and Secretary for the 2010-2011 Planning and Zoning Commission. Motion by Montgomery to nominate Cochran as Vice Chair , Second by Collier. Approved. (5-0) Motion by Collier to re-nominate Montgomery for Secretary , Second by Austin. Approved. (5-0) 5.Public Hearing and Possible Action on a Rezoning for 4.027 acres in the Stubblefield Survey from AG, Agriculture District to C-3, General Commercial District, to be known as Sundance Plaza, located at 3600 E. University. (JM) REZ-2010-001 Staff report by Jordan Maddox. The applicant has requested a change of zoning from AG, Agriculture District to C-3, General Commercial, pending the annexation of the property by City Council. The C-3 District allows for of a variety of community-serving commercial uses. The applicant has expressed an interest in developing a gas station, restaurant and associated retail or office uses on the site, which benefits from its location at the hard corner of University and the SH 130 frontage road. Staff is supportive of the rezoning request; however, the utility plan has not been fully resolved as of the writing of this report and will need to be completed prior to the public hearing at City Council. Once the utility plan is in place and agreed upon by staff, system improvements, if any, will be required of the developer. If completed, the companion plat will be considered at the April P&Z meeting and then both the plat and rezoning will go to City Council at the Commission’s recommendation. Chair Padfield invited the applicant to speak. Hugo Elizondo, representing the applicant stated he will concur to what Mr. Maddox stated and stated a possible McDonalds in conjunction with a convenience store and offices in the back, possibly 3-4 buildings. The vision will be more of a community center and not a truck stop. He stated he will be glad to answer questions. It was stated Jonah Water will supply water to the property. Staff stated signage restrictions for SH 130 are stricter than IH 35. The applicant will possibly need to complete a master sign plan and that will go through the City’s permit department. Chair Padfield opened the public hearing, no one came forward and the public hearing was closed. Motion by Austin to recommend approval of a request to rezone 4.027 acres in the Stubblefield Survey from AG, Agriculture District to C-3, General Commercial District, to be known as Sundance Plaza, conditional on a completed and agreed upon utility plan to serve the site. Second by Collier. Approved. (5-0) 6.Public Hearing and Possible Action on a Comprehensive Plan Amendment, adopting the Citizen Participation Plan as a functional element of the 2030 Comprehensive Plan. (JM) Staff report by Jordan Maddox. One of the required elements of the City’s comprehensive plan, per the City Charter , the Citizen Participation Plan is a framework for continued City support for public participation. The plan was developed by staff over the last six months with the help of a Council-appointed advisory committee made up of citizens throughout the community and also the input of the public through a questionnaire and direct comments. It will be included in the 2030 Plan as a full functional element and includes implementation tasks scheduled for the next three years. Staff’s idea for the plan was to explore existing citizen participation and communication methods, commit to public participation as a priority in the governing process, and seek techniques that maintain and improve opportunities for public input. Jordan stated the plan presented is the citizen participation plan which is used as a strategic plan to implement certain goals for citizens to contribute to more of the planning and government actions within the city which can be fairly broad in scope at times and fairly directive when getting into the specific action plan and for the next 6-24 months on certain goals staff wanted to achieve. The basic goal to achieve was to promote participation by using new technology to reach people who are not in the process who need motivation to participate in ways they may not have in the past. Jordan stated he will be glad to answer questions. Jordan also stated Annette Montgomery and Gene Facey served on the committee. Commissioners commended Jordan on his work and his presentation. Jordan introduced Keith Huchinson, Public Communications Director who also thanked Jordan for his work on this project. Mr. Hutchinson asked Commissioners to inform staff where improvements can be made and any suggestions to encourage citizens participation. He also stated the City’s Facebook page has nearly 2,000 members. Motion by Collier to recommend to the City Council approval of the Comprehensive Plan Amendment to adopt the Citizen Participation Plan as a functional element of the 2030 Comprehensive Plan. Second by Cochran. Approved. (5-0) 3.Consideration and Possible Action regarding the 2030 Comprehensive Plan Annual Update Report. (JM) Staff report by Jordan Maddox. An Annual Update to City Council is a required component of the 2030 Comprehensive Plan, in order to provide an annual progress report on the implementation of the Plan’s goals and policies. Since there are no proposed amendments by staff , the general public, the Commission or by City Council staff has used this report to describe some of the steps that have been taken over the last year as far as the land use elements implementation schedule as well as some of the goals for next year from now until the next annual update and also some recommendation on how to complete some of the remaining 2030 plan elements. Jordan stated this is not required to be recommended to City Council but the Commission may make recommendations or alter recommendations to Council based on this report. Motion by Padfield to accept the 2030 Comprehensive Plan Annual Update Report as presented. Second by Austin. Approved. (5-0) Motion by Padfield to recommend to City Council the 2030 Comprehensive Plan Annual Update Report. Second by Austin. Approved. (5-0) 7.Reminder of the April 6, 2010, Planning and Zoning Commission meeting. 8. Motion to adjourn at 6:52pm. Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, February 2, 2010 The Planning and Zoning Commission will meet on Tuesday, February 2, 2010 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: Commissioners:Don Padfield, Chair; Patrick Lawson, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey and Porter Cochran. Commissioners in Training: Pat Armour 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 January 5, 2010, meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Public Review Final Plat for 35.16 acres in the Foy Survey , also known as Sun City Neighborhood Fifty-four, located south of the intersection of Pedernales Falls Drive and Cool Springs Way. (JM) PP-2009-010 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/PP-2009-010.pdf Regular Agenda 4.Public Hearing and Possible Action on a Comprehensive Plan Amendment changing the Overall Transportation Plan for 293 acres and 17 acres in the Addison Survey, also known as the Lera B. Hughes Tract, located at 1200 CR 110. (EP) CPA-2009-003 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/CPA-2009-003.pdf 5.Public Hearing and Possible Action on a Rezoning, amending the 35.16-acre Planned Unit Development known as Sun City Neighborhood Fifty-four, located south of the intersection of Pedernales Falls Drive and Cool Springs Way. (JM) REZ-2009-017 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2010-001.pdf 6.Reminder of the March 2, 2010, Planning and Zoning Commission meeting. 7.Adjourn. Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, February 2, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , February 2, 2010. Members Present: Don Padfield, Chair; Patrick Lawson, Vice Chair; Annette Montgomery, Secretary; Porter Cochran, Brandon Collier, Gregory A. Austin, Gene Facey. Members Absent: Staff Present: Elizabeth Cook, Community Development Director; Valerie Kreger, Principal Planner; David Munk, City Engineer; Ed Polasek, Principal Planner; and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting 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 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 and possible approval of the Minutes of the January 5, 2010 meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Public Review Final Plat for 35.16 acres in the Foy Survey , also known as Sun City Neighborhood Fifty-four, located south of the intersection of Pedernales Falls Drive and Cool Springs Way. (JM) PP-2009-010 Motion by Facey to approve the Consent agenda including the January 5, 2010 minutes as corrected. Second by Lawson. Approved. (7-0) Regular Agenda At this time Chair Padfield asked for agenda item #5 to be reviewed before item #4. 5.Public Hearing and Possible Action on a Rezoning, amending the 35.16-acre Planned Unit Development known as Sun City Neighborhood Fifty-four, located south of the intersection of Pedernales Falls Drive and Cool Springs Way. (JM) REZ-2009-00 Staff report by Jordan Maddox. The applicant has requested an amendment to an existing PUD to decrease the total amount of residential lots from 123 to 110. The PUD was approved in July of 2009 with a total of 123 lots, but development has yet to occur . The boundaries of the previously approved PUD do not change , only the property lines of the interior lots, most of which will increase in size. The 35-acre site is located in the northwestern portion of the Sun City development , near the new Cowan Creek Golf Course and Amenity Center , which is nearing completion. It will be located along the future extension of Pedernales Falls Drive . Chair Padfield invited the applicant to speak. Applicant was not present. Chair Padfield opened the public hearing, no one came forward and the public hearing was closed. Motion Facey to approve the request to amend the Sun City Neighborhood 54 Planned Unit Development. Second by Austin. Approved. (7-0) 4.Public Hearing and Possible Action on a Comprehensive Plan Amendment changing the Overall Transportation Plan for 293 acres and 17 acres in the Addison Survey, also known as the Lera B. Hughes Tract, located at 1200 CR 110. (EP) CPA-2009-003 Staff Report by Ed Polasek. This application has been in process for several months. The Applicant had concerns with mobility and access to their tract once they reviewed the adopted Overall Transportation Plan design for SE 1. They suggested including “Hughes Drive” which would extend from the commuter rail station over to the Southeast Inner Loop. Staff informed the applicant, while the City does not have a developer looking at the site, the City would consider looking at a Traffic Impact Study for the future land use plan for the mixed use commercial type area development area to justify “Hughes Drive” as a necessary road served in the overall transportation plan. The Design of the SE 1 with or without frontage road access roads is not the purpose of this application and the Planning and Zoning commission is not posted to discuss or take action on the SE 1 design issues . “Hughes Drive”, if approved will work as a crossing of SE 1 in any design being considered by the Georgetown Transportation Advisory Board and City Council. Staff has received three Traffic Impact Analysis over the last several months. The analysis results presented within this TIA indicates that the proposed “Hughes Drive” is not necessary in order to provide access to the surrounding land uses other that the Hughes Tract. It is primarily a site development driven roadway; thus not required as part of the City’s Overall Transportation Plan. Therefore, staff recommends denial of the Comprehensive Plan Amendment changing the Overall Transportation Plan by adding “Hughes Drive”, based on the TIA Analysis. Rebecca A. Bray, P.E., Senior Project Manager , Klotz Associates stated she has worked with Ed Polasek along with David Munk when reviewing Traffic Impact Analysis. Ms. Bray stated this was the third TIA that was submitted by the applicant and found there are many errors in omissions in the report. Ms. Bray stated she looked at the various scenarios that the engineer presented and others including background, traffic, site development traffic and site development plus ten years which is what the Unified Development Code requires. The presence of “Hughes Drive” provides a north-side route through the development only; connecting SE Inner Loop to Maple Street. “Hughes Drive” connects SE Inner Loop to Maple Street, but does not continue further north or south . Drivers still must access Maple Street and/or Southwestern Boulevard to continue north into Georgetown and/or south into Round Rock or other areas. In summary, the analysis results presented within this TIA indicates that the proposed “Hughes Drive” is not necessary in order to provide access to the surrounding land uses other than the Hughes Tract. It is primarily a site development driven roadway; thus, not required as part of the City’ Overall Transition. Ms. Bray stated she will be glad to answer questions. Chair Padfield invited the applicant to speak. Steve McConnico, Attorney, 600 Congress stated he is the son-in-law to the applicant and is representing the family. He also stated that SE 1 will split the Hughes Tract in half which is a working cattle ranch today. He stated the house on the property is not vacant. It is being used everyday, every weekends and holidays. This property has been in the family for over 100 years. The family wants to do what is best for the family and for the city. Mr. McConnico stated the family hired Land Strategies in Austin who informed the family “Hughes Drive” would be a benefit to the city because it would be an alternative access to the proposed rail station as oppose to only having access from Maple. Another benefit would be more of a tax base for both residential and commercial which would benefit the city and the family. He stated the family is willing to give property for the roadway as long as it’s built at grade. He feels the family has worked with the city but can not have this property completely broken in half without giving some rational proposal on how to avoid it. Staff stated the rail station is in the preliminary stages. There has never been a regulating plan adopted for that mixed use area , but there would be access built from other areas such as Inner Loop , Maple and FM 1460. There must be an area study completed to adopt a zoning plan . Staff stated box culverts will be one way of transporting cattle from one side of the property to the other. The box culverts will be placed partially in the floodplain. Staff stated “Hughes Drive” will not be built unless development occurs. Therefore “Hughes Drive” will never provide access to move cattle , since cattle will not be on the developing property. Staff stated that if this application is denied the family can go to the Georgetown Transportation Advisory Board or Georgetown Transportation Enhancement Corporation for potential 4B funding. Staff also stated that several proposed designs for SE 1 have been sent to the family and is not known if the family took any formal position on the designs given. Staff stated the family can address the issue if more box culverts are needed to the Georgetown Transportation Advisory Board . Commissioners Lawson stated he can not justify “Hughes Drive” from a planning point of view, cattle issue aside. It was not fully understood why a decision needs to be made tonight when it is not known what kind of development will be built on the property, where the rail station will be located, where the connector street from Maple to Southwestern intersects and not knowing where the alignment for SE 1 will be located. Chair Padfield opened the Public Hearing. John Czap, 240 CR 110 asked about the piping on the Inner Loop. Commissioner Padfield stated he will need to ask staff. David Munk stated he will be glad to talk to Mr. Sapp after the meeting. Chair Padfield closed the Public Hearing. Commissioner Cochran suggested the Hughes Tract be addressed during the Georgetown Transportation Advisory Board meeting. Motion by Lawson to recommend to City Council denial of a Comprehensive Plan Amendment changing the Overall Transportation Plan by adding “Hughes Drive”, based on the TIA Analysis. Second by Facey. Approved. (7-0) Staff, Ed Polasek informed the Commissioners the “Hughes Drive” discussion will be added to the February 12th meeting agenda for the Transportation Advisory Board. Recommendations during that meeting will be presented at the February 23 rd City Council meeting. 6.Chair Padfield announced the next P&Z meeting is scheduled for March 2, 2010. Chair Padfield thanked Pat Lawson for his years of serving on the Planning and Zoning Commission. 7.Motion to Adjourn at 7:05 pm Notice of Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday,,,, January 5, 2010 The Planning and Zoning Commission will meet on Tuesday, January 5, 2010 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: Commissioners:Don Padfield, Chair; Patrick Lawson, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey and Porter Cochran. Commissioners in Training: Pat Armour 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 3 and 5 th meetings along with December 1, 2009, meeting of the Planning and Zoning Commission. Consideration and Possible Action on a Revised Preliminary Plat for 36.93 acres in the Low Survey, to be known as Teravista, Section 313, located south of C.R. 111 and west of F.M. 1460. (CB) PP-2009-009 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/PP-2009-009.pdf Regular Agenda 4.Public Hearing and Possible Action on a Rezoning from OF, Office District to MUDT, Mixed Use Downtown District, for Lost Addition, Lot 66 (pt), located at 1112 Rock Street. (RW) REZ-2009-016 For more information on this item, click here: http://www.georgetown.org/gis/plds/PandZ/2010/REZ-2009-016.pdf 5.Adjourn. Certificate of Posting I, Jessica Hamilton, 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 _________________, 2010, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, January 5, 2010 The Planning and Zoning Commission of the City of Georgetown, Texas, met on Tuesday , January 5, 2010. Members Present: Don Padfield, Chair; Patrick Lawson, Vice Chair; Annette Montgomery, Secretary; Brandon Collier, Gregory A. Austin, Gene Facey. Members Absent: Porter Cochran Staff Present: Elizabeth Cook, Director; Carla Benton, Planner; Valerie Kreger, Planner; Robbie Wyler, Historic Planner; David Munk, City Engineer, and Stephanie McNickle, Recording Secretary. Minutes Regular Meeting 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 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 3 rd and 5 th meetings along with the December 1, 2009 meeting of the Planning and Zoning Commission. 3.Consideration and Possible Action on a Revised Preliminary Plat for 36.93 acres in the Low Survey, to be known as Teravista, Section 313, located south of C.R. 111 and west of F.M. 1460. (CB) PP-2009-009 Motion by Facey to approve the Consent agenda including the Minutes , as corrected, of the November 3 rd and 5 th meetings along with the December 1, 2009, meeting of the Planning and Zoning Commission. Second by Collier. Approved. (6-0) Regular Agenda 4.Public Hearing and Possible Action on a Rezoning from OF, Office District to MUDT, Mixed Use Downtown District, for Lost Addition, Lot 66 (pt), located at 1112 Rock Street. (RW) REZ- 2009-016 Staff report by Robbie Wyler. The applicant has requested a change of zoning from OF, Office District to MU-DT, Mixed Use Downtown District. The intent is to expand the uses allowed for the property to include small-scale retail. Staff has analyzed the proposed rezoning and taken into consideration the 2030 Future Land Use Plan. Staff supports the zoning change from OF , Office to MU-DT, Mixed Use Downtown. Chair Padfield invited the applicant to speak. Jeff Randall, 1112 Rock Street stated his wife Kappy, is interested in selling boutique items for potential clients. He included that he will be glad to answer questions. Staff informed the Commissioners the City will request a certificate of occupancy from the applicant. Chair Padfield opened the public hearing, no one came forward and the public hearing was closed. Motion by Facey to recommend to City Council approval to rezone 0.251 acres, being, Lot 66 (s/pt) in the Lost Addition, from OF, Office to MU-DT, Mixed Use Downtown, located at 1112 Rock Street. Second by Lawson. Approved. (6-0) 5.Motion to Adjourn at 6:13 pm