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HomeMy WebLinkAboutMinutes_P&Z_11.07.2017City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday November 7, 2017 at 6:00 p.m. Council and Courts Building, located at 101. E 7th Street Georgetown, TX 78626 Commissioners present: Josh Schroeder, Chair; Aaron AIbright, Alternate; Tim Bargainer; Ercel Brashear; Alex Fuller; John Marler; Travis Perthuis, Alternate; Kevin Pitts, Vice -Chair and Andy Webb. Absent: none Staff Present: Sofia Nelson, Planning Director; Chris Yanez, Andreina Davila -Quintero, Current Planning Manager; Nathan Jones, Planner; and Karen Frost, Recording Secretary. A. Chair Schroeder called the meeting to order at 6:00 p.m. Albright led the pledge of allegiance. Chair Schroeder stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker is permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. As of the deadline For this agenda, no persons were signed tip to speak on itetns other than what was posted on the agenda.. Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B. Consideration of the Minutes from the October 17, 2017 meeting. Karen Frost, Recording Secretary C. Consideration and possible action for a Preliminary Final Plat for a two -lot subdivision to be known as the County Road {CR} 107 Estates Subdivision (PFP-2017-005) - Andreina Davila -Quintero, Current Planning Manager Motion by Marler, second by Bargainer to approve the Consent Agenda. Approved 7 -- 0. Legislative Regular Agenda D. Public Hearing and possible action on a Subdivision Variance from the street connection requirements of the Unified Development Code for the Combined Preliminary and Final Plat of the Echo Park Subdivision generally located at the intersection of Kelley Drive and IH -35 (WAV -2017- 003, Echo Park) Nathan Jones -Meyer, Planner Bargainer recused himself for this item with a Conflict of Interest Affidavit. Albright stepped onto the dais. Jones -Meyer presented the staff report. The applicant is requesting a waiver for the requirement of connection throug1h, a road to another subdivision. Due to the contours of the property, it was noted that it would be difficult to create the connection. The applicant would be required to meet Planning ,� Zoning Commission Minutes November 7, 2017 Page 5 of 249 Page 1 of 4 other UDC requirements for this property. Chair Schroeder opened the public hearing and without anyone coming forth closed the hearing. Motion by Pitts, second by Marler to approve the Subdivision Variance as submitted. Approved 7-0. E. Public Hearing and possible action on a Subdivision Variance from the maximum block length requirements of the Unified Development Code for the Preliminary Plat of the Lost Quarry Subdivision located at 3300 FM 2243 (WAV -2016-003, Lost Quarry) Nathan Janes -Meyer, Planner Bargainer back on dais, Albright off. Jones -Meyer presented the staff report. The applicant is requesting a Subdivision Variance to allow longer block lengths with 1 acre size lots. Staff found that this request only met one of the five approval criteria for the review of this Variance. Marler asked the applicant to explain why this request was being made. Marler feels that this variance could create a public safety situation if emergency vehicles could not access all properties because of the terrain and longer blocks. Chair Schroeder opened the public hearing and without anyone coming forth closed the Bearing. Motion by Pitts, second by Marler to deny the Subdivision Variance based on not meeting the development approval. criteria. Brashear commented that this is a challenging property to develop because of the shape of the parcels and the terrain. Marler agrees. Davila explained that the city staff had offered alternative ideas. The motion was voted on. Denial was approved 5 — 2. (Brashear and Schroeder opposed.) F. Public Hearing and possible action on a request to Rezone approximately 4.40 acres in the Fish Survey located at 4819 Williams Drive from the Neighborhood Commercial (CN) District, to Local Commercial (G-1) District located at 4519 Williams Drive (REZ-2017-022) - Andreina Davila - Quintero, Current Planning Manager. Schroeder recused himself for this item with a Conflict of Interest Affidavit. Perthuis took his seat. Pitts chaired this item. Davila presented the staff report. Staff presented the general findings that the properties across Williams Drive are already zoned for commercial uses, CN and C-1. The property is already being utilized as a form of commercial use, and the Local Commercial (C-1.) district is compatible with near residential areas. Pitts opened the Public Hearing. Karen Miller, 100 Terry Court — spoke on behalf of the neighbors in opposition to the rezoning request, citing that it was not consistent with the Comprehensive Plan or the Williams Drive study. She asked that the property not have access onto Penny Lane but to only use Williams Drive. She also had concerns about possible flooding due to the development of that property. Pitts closed the Public Hearing with no more speakers coming forth. Motion by Bargainer to recommend to Council rezoning the property as submitted. Second by Webb. Approved 7 — 0. G. Public Hearing and possible action on a request for a Special Use Permit to allow multi -family Planning & zoning Commission Knules November 7, 2017 Page 6 of 249 Page 2 of 4 units in the General Commercial (C-3) district, approximately 10.6 acres in the N. Porter Survey located at 1515 and 1.531 Rivery Blvd. (SUP -2017-007, Summit West) Chelsea Irby, Planner Schroeder carne back to the dais. Perthuis left. Bargainer went off the dais with a conflict of interest form filed and Albright substituted for him. Davila presented the staff report. The applicant has requested consideration of a Special Use Permit (SUP) to allow multi -family units in the General Commercial (C-3) zoning district. The proposed project will bring more owner -occupied condominiums to the Rivery area, similar to the existing brownstones just to the east of Rivery BIvd. The condos are planned as two-story units to better fit with the neighborhood and surrounding uses. These units will also provide more customers for the many retail, service, and entertainment options that are available in walking and biking distance. Th.e applicant proposes a maximum of 89 dwelling units (8.39 dwelling units acre). Staff found that the SUP would be consistent with the Comprehensive Plan goals for this area and is consistent with the character of buildings already developed there. Commissioners asked abo3it changing use and impervious cover allowances. The SUP is tied to the concept plan and you cannot change the SUP or concept plan without requesting a change. The underlying zoning district is C-3 and the use can be changed to any of the permitted by -right uses without P&Z approval. Motion by Pitts, second by Fuller to approve the SUP as submitted. Approved 7 — 0. H. Public Hearing and possible action on a request for a Special Use Permit to allow a special events facility on the property .located at 511 S. Main Street, located near the intersection of Main Street and. E. 6th Street in the Mixed -Use Downtown zoning district (SUP -2017-008, Wish Well House). Nat Waggoner, Long Range Planning Manager Bargainer came back to the dais. Albright went off. Schroeder went off with a conflict of interest affidavit filed and Perthuis came back on. Pitts served as Chair. Waggoner presented the staff report. The applicant proposes to provide approximately 6,600 square feet of indoor space and 3,000 square feet of outdoor space to be used for events such as wedding ceremonies and receptions, rehearsal dinners, corporate functions, birthday parties, and reunions. Commissioners asked questions about the parking study and how this use would affect this. Waggoner responded that the study reviewed parking in general terms, not specific uses. The report indicates there is enough surface parking to meet the current demand. Staff presented an option for the commission to consider a parking plan. Staff also explained that an SUP allows flexibility to put conditions on the property if desired. Troy Hellman, applicant, stated he believes this business would. be meeting the same requirements as other businesses in the downtown district and. asked that restrictions not be placed on this property beyond the standard code requirements. Pitts opened the Public Hearing. David Bryce, current owner of 511 S. Main Street — explained that this structure was a hotel from 1936 to 1982 and that this property means a lot to his family and the town. His brother Doug Bryce also spoke and shared that there was always something happening at this hotel, it was built by the Planning & Zoning Commission Minutes November 7, 2017 Page 7 of 249 Page 3 of 4 Sheriff and that Ed Richards, the current Sheriff lives behind this property now. The Bryce's suggested a shuttle to address the parking issues but stated this property should not be singled out for parking restrictions. The Public Hearing was closed with no further speakers conning forth. Motion by Bargainer to approve the SUP as presented. Second by Brashear. Commissioners discussed this and shared concerns. Fuller stated he could not support the request based on the parking and surrounding neighborhood. Brashear shared concerns but was reluctant to require the applicant to exceed the standard requirements. Marler suggested letting it start-up and address parking if and when it becomes an issue. Motion approved 6 —1. (Fuller opposed.) 1. Presentation on a request to rezone approximately 498.49 acres to Planned Unit Development (PUD) with base zoning of General Commercial C-3, Low Density Multifamily (MF -1), Townhome (TH), Two -Family (TF) and Residential Single -Family (RS). (REZ-2017-010 Highland Village, REZ- 2017-012 Somerset Hills) Chris Yanez, Assistant Planning Director Schroeder came back to the dais, Perthuis stepped down. Yanez presented the case and explained that staff would bring the application at a later date but wanted the commission to see it first since it is a large tract. The presentation was received well. The commissioners expressed concern about the 1600 LUE's and commercial development putting more traffic on Williams Drive. The applicant explained that a Development Agreement from 2006 exists that entitlements are already received. Yanez this application should be brought to the commission in December. J. Updates: 2018 Planning and Zoning Meeting Calendar. The next meeting of the Planning & Zoning Commission will be on Tuesday, December 5, 2017. Motion by'rashear, second by Fuller to adjourn at 7:32 pm. Planning & Zoning Commission Minutes November 7, 2017 Page 8 of 249 Page 4 of 4 Council / Board 1 Commission: Meeting Date: Agenda licit Numbcr: }-{ STATE OF TEXAS COUNTY OF WILLIAMSON CONFLICT OF INTEREST AFFIDAVIT r , I 1, a reside at �� Li ('S I am a member of the - {City Council, City Board, Committee or Cn imi. •ion) of the City of GLorgetowm, and 1 hereby make this affidavit and on my oath state (lie /allowing: "1, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of die City of Gcorgetnwn Code of Ordinances, have a "substantial interest" in a business cniih' or in real property (as defined by Chapter 171 of the Tcxas Local Government Code and Sec. 2.20.020.M of (lie City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2?0.0201i of the City of Georgetoxvn Code of Ordinarta:s) in the matter that is identified and described on the above-refercnced agenda item, "I have a conflict of interest in die above-refercnced agenda matter for the f)llrnving reason(s): (check all that are applicable). A. "Substantial Interest" or a person related to me in the first or second degree have an o% n ership of 10% or more of the voting stock or shares of the business entity 1 or a person related to me in the first or second degree have an ownership of 1(P'/� or more of the f lir market value of the business entity or have an ownership of $15,000 or more of the fair market value of the business entity. 1 or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. & "Economic Interest" 1 or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of GLorgc(own Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recogni'rcd by reasonable persons to have weight in deciding a case or an issue. A Cily official may not take any official action that the official knoxvs is likely to affect the substantial economic interests of: • the City official's family member or a business entity for which the city ollicial serves as an officer, director, or in a policy-making position, • a person or business cnlity from whom, x< ithin the past 12 months, the City official or official's spouse, directly or indirectly, lurs solicited, received and not rejected or accepted an oft icer of employment, or is engaged in negotiations pertaining to business opportunities. C. "0 her" For reasons other than those listed above, I have a conflict of interest (Please specify, c.g. Sec. 2.24.170 or other reason): -16 "I]p on filing of this affidavit with the recording seerelary and/or the City Scerctary, l af]irrn that I wiII abstain frotn all participation, discussion and voting involving the matter identified in the above -referenced agenda i(em whatsoever. Further, Affiant sayeth not." Printed Name: S nt�r Affiant's Signature - Date. f>/ BEFORE NNE, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. I ter• v STACEY PETERSEN me an this 7� day of Ot1 �.ht� aZ( j S f , NOTARY PUBLIC 1011 1216299.1 i Notary Public in a6d for the State of Texas State of Texas 1 County of WifGantsott CorRm, Exp. W-24.2020 j 7•I11S Ar'CI011•IT SHALL Bk: KEPI' ti7T11771E OM, CIAL MIN117f S OF 1711S!tfEEHNG. IF A I7•'1.•1NT Il.lS ['HECk$1] iA'7 C3I T!!L' ITaIs UIVI)ER SECT 1ON"A" RCL MAIC, l0 SUYST;tN17AL LATE -Ph S7;": I CO!'}' U1 T'NIS: tI.71f1:11'IT,IIt.rS7': LSU 131i SIiN7 TO 7'1IE MY, ECltIi1 •tIt}' MR 17fECI7F O!' (rheIRGl 011 iV, Cwlj7ict of Interes�.l duvet Rerued %.19.2011 Council / Board / Commission:IA . Meeting Date: iiwig I 1-- Agenda Item Number: STATE OF TEXAS COUNTY OF WILLIAMSON CONFLICT OF INTEREST AFFIDAVIT 1,_ , reside at to �" �_ I am a member of the [City Council, City Board, Committee or Commission) of the City of Georgetown, and I ereby�ma this affidavi and on my oath stage the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20,020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s)- (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity I or a person related to me in the first or second degree have an ownership of 10% or more of the fair market value of the business entity or have an ownership of $15,000 or more of the fair market value of the business entity. or a person related to me in the first or second degree received funds from the business entity in excess of i0% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. A City official may not take any official action that the official knows is likely to affect the substantial economic interests of: • the City official's family member or a business entity for which the city official serves as an off 'icer, director, or in a policy-making position, • a person or business entity from whom, within the past t2 months, the City official or official's spouse, directly or indirectly, has solicited, received and not rejected or accepted an officer of employment, or is engaged in negotiations pertaining to business opportunities. C. "Other" For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason): "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I wilt abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda item whatsoever. Further, Affiant sayeth not." Printed Name: _ A Affiant's Signature: + Date: 11- BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowiedize or belief. SWORN TO AND ' day ofv[ KAREN 5f E ��,• rrt NolorY public, store of texas w �Ya2 My Commission ExPres Notary Public in and for the State of Texas '�a$F November 21-20,113 County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER SECTION'A"RELATING TO SUBSTANTIAL INTEREST "A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR THS CITY OF GEORGETOWN. Canf icl of Inleresi Affidavit Revised 7.19.2011