HomeMy WebLinkAboutMinutes P&Z 03.05.2019
Planning & Zoning Commission Minutes Page 1 of 5
March 5, 2019
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, March 5, 2019 at 6:00 p.m.
Courts and Council Building, located at 101 E 7th Street Georgetown, TX 78626
Commissioners present: Ercel Brashear, Chair; Tim Bargainer, Vice-Chair; Ben Stewart,
Secretary; Kaylah McCord, Gary Newman, Marlene McMichael and Travis Perthuis
Commissioners-in-Training: Glenn Patterson
Absent: Aaron Albright
Staff Present: Chelsea Irby, Senior Planner; Andreina Davila-Quintero, Current Planning
Manager; Sofia Nelson, Planning Director; Ethan Harwell, Planner and Stephanie McNickle
Recording Secretary.
Chair Breshear called the meeting to order at 6:00 p.m. and Commissioner Bargainer led the
pledge of allegiance.
Public Wishing to Address the Board
As of the deadline, no persons were signed up to speak on items other than those posted on the agenda.
Legislative Regular Agenda
A Nomination and selection of Vice-chair and Secretary for the 2019/20 Commission.
Stephanie
McNickle, Recording Secretary
Motion by Commissioner McCord to nominate Commissioner Bargainer as Vice-Chair.
Second by Commissioner Stewart. Approved. (7-0)
Motion by Commissioner Stewart to nominate himself as Secretary. Second by
Commissioner Bargainer. Approved. (7-0)
B Minutes from the February 19th P&Z meeting. Stephanie McNickle, Recording Secretary
Motion by Commissioner Newman to approve the minutes from the February 19, 2019
Planning and Zoning meeting. Second by Commissioner Bargainer. Approved. (7-0)
C Public Hearing and possible action on a request for a Replat of Lots 2-7, part of Lot 8, and a
portion of First Street, of Block 2, City of Georgetown, consisting of approximately 1.289
acres, located at 109 W 2nd St (FP-2018-042). Madison Thomas, AICP, Historic & Downtown
Planner
Staff presentation by Madison Thomas, Historic & Downtown Planner. The applicant is
requesting to replat 1.289 acres into a single lot in the Mixed-Use Downtown Zoning
District.
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March 5, 2019
The proposed replat was reviewed by the applicable City departments. Subdivision Plats
are reviewed to ensure consistency with minimum lot size, impervious cover, streets and
connectivity, and utility improvement requirements, among other. All comments have
been addressed by the Applicant.
Staff has reviewed the request in accordance with the Unified Development Code (UDC)
and other applicable codes. Staff has determined that the proposed request meets 5 out of
the 5 criteria established in UDC Section 3.08.080.D for a replat.
Staff stated the application is present and will be glad to answer questions.
Chair Brashear opened the Public Hearing.
3 Citizens addressed the P&Z Commissioners:
Ray Hubenthal, 174 Private Rd 946, Burke Grandjean-207 S. Church St. and Patricia
Taylor-207 S. Church
Comments and concerns:
Neighbors were not notified.
Heritage Tree on the property.
No Newspaper notification nor signs were place on the property.
Neighboring property owners did not receive comments from the Urban Forrester in time
for this meeting.
No one else came forward, the Public meeting was closed.
Staff stated the city’s urban forester examined the tree on the property and the tree does
not meet the protective category.
Staff stated that the Unified Development Code does not require a notice being set out for
subdivision plat applications.
Motion by Commissioner Bargainer to approve the request for a Replat of Lots 2-7, part of
Lot 8, and a portion of First Street, of Block 2, City of Georgetown, consisting of
approximately 1.289 acres, located at 109 W 2nd St. Second by Commissioner McCord.
Approved. (7-0)
D. A Public Hearing and possible action on a request to rezone approximately 0.23 acres out
of Unit 2 Dawn St Ext of the Williams Addition, also being out of the Nicholas Porter Survey,
Abstract No. 497, located at 2302 Dawn Drive, from the Office (OF) to Residential Single-
Family (RS) zoning district (REZ-2018- 030).
Staff presentation by Michael Patroski, Planner.
Staff stated the applicant is requesting to rezone the Office (OF) zoned property, with an
existing residential structure, to Residential Single-Family (RS). Staff stated the current
zoning district was a result of the conversion of the previous Office and Service uses (RM-
3) zoning district that converted to the Office (OF) District in 2003 upon adoption of the
UDC.
Staff finds that the requested Residential Single-Family (RS) zoning district complies with
the approval criteria for a Zoning Map Amendment. If approved, the subject property
would be in compliance with the city’s 2030 Comprehensive Plan’s Future Land Use and
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March 5, 2019
the 2017 Williams Drive Study Future Land Use. Additionally, being that an existing
residential structure is located on the subject property, the change in zoning would match
the current sites characteristics as well as conforming to adjacent properties.
Staff stated the applicant is present and will be glad to answer questions. Chair Brashear
invited the applicant to speak. Alonda Cepeda stated they want to rezone the property to
residential in order to sell the property. Currently the property is being used as a
residence, but zoned as office, (OF).
Chair Brashear opened the Public Hearing.
Paula Brent, realtor for the applicant explained inconvenience it has been for the applicant
by not being able to sell her house as a residence due to it being zoned office (OF).
The Public Hearing was closed.
Motion by Commissioner McCord to recommend to City Council approval on a request to
rezone approximately 0.23 acres out of Unit 2 Dawn St Ext of the Williams Addition, also
being out of the Nicholas Porter Survey, Abstract No. 497, located at 2302 Dawn Drive,
from the Office (OF) to Residential Single-Family (RS) zoning district. Second by
Commissioner Stewart. Approved. (7-0)
E. Public Hearing and possible action on a Subdivision Variance from the Sidewalk
Construction requirement pursuant to Section 12.07 of the Unified Development Code, for
the property located at 716 S IH 35, bearing the legal description 4.428 acres of Rivery PH 1
Block B, Lot 5E, (2019-1-WAV).
Michael Patroski, Planning
Commissioner Bargainer recused himself from discussion of this item and left the dias.
Commissioner-in-Training Patterson took his place on the dias. Staff presentation by
Michael Patroski. The applicant is requesting a variance from the Sidewalk Construction
requirement pursuant to Section 12.02.030, which requires a sidewalk to be constructed along S
IH-35 between 750 and 708 S IH-35 (approximately 150 linear feet). The requested variance is to
waive the sidewalk requirement. The site has an estimated 150’ frontage along S IH-35. There is an
existing pond located on the property with a pond wall an estimated 62’ from the roadway. The
property located between the roadway and pond wall declines at an average slope of 23%.
The applicant has stated four (4) reasons for their variance request:
1. Unnecessary Hardship - The subject site is encumbered with an existing wet pond with a
retaining wall along the eastern property line. There is a slope of approximately 23% from the
frontage road to the retaining wall. At the time of design and construction of the water quality
pond, no provisions for a sidewalk were contemplated by the designers.
2. No Detrimental Effects -There are no existing sidewalks along IH-35 for the adjacent properties.
Additionally, given the slope of the property, construction of a sidewalk at this location would
not be prudent in the protection of health, safety, or welfare of the general public.
3. Unique Conditions - The wet pond retaining wall, concrete flume, and steep slopes apply only
to this particular site within this area.
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March 5, 2019
4. No Substantial Conflicts with Comprehensive Plan - At the time that Rivery development
commenced and the existing wet pond was constructed, the Texas Department of
Transportation (TxDOT) did not allow public sidewalks on their frontage roads.
Staff has reviewed the request in accordance with the Unified Development Code (UDC)
and other applicable codes. Staff has determined that the proposed request does not meet
four of the five criteria established in UDC Section 3.22.060 for a Subdivision Variance, as
outlined in the attached Staff Report.
The applicant wishes to waive the sidewalk requirement along S IH-35. The applicant has been
made aware that according to the Sidewalk Master Plan, Sidewalks will not be required for sites
with unique and extraordinary conditions. These sites may qualify for alternative routes,
payments-in-lieu of construction, or delays in construction.
Sidewalks along the IH-35 frontage road became a requirement when the City became classified as
an urban area. Because of this, there are a number of developed property without sidewalks and
where the City has allocated funding for the construction of sidewalks, such as the segment
between Leander Road and Wolf Ranch Town Center. UDC Section 12.07 requires that sidewalks
be constructed on both sides of all streets, including frontage roads consistent with the
Construction Manual and in conformance with the requirements of the Americans with Disabilities
Act (ADA).
Chair Brashear invited the applicant to speak.
Gregg Salbert, Pet Paradise stated this is a 5.9 million dollar project and feels it would be a great
asset to the city and assist with employment. He feels a sidewalk is not needed at this time because
the sidewalk will be going nowhere due to there are no other sidewalks along IH35.
Robert Scholz, Halff Associates, Inc explained waiving of the requirement for sidewalk
construction at this location will not have a detrimental impact on the public health, safety, and
welfare of the community. Pedestrians, cyclists, and those with physical handicaps will be unable
to access the sidewalk due to there will not be connectivity to either side of this sidewalk. The
applicant stated there is an existing pond located on the property and the area between the pond
and roadway has an average 23% slope. Construction of a sidewalk along this roadway will
require significant grading and fill, and installation of a rail along the pond retention wall.
Adjacent properties in the vicinity do not have these same conditions. This will be an extreme
cost/hardship to the owner.
Staff’s advice for the subject property, as well as adjacent properties with frontage along S IH-35, is
not to provide the required 6’ sidewalk directly along S IH-35, but rather create a sidewalk further
back from S IH-35 out of the TxDOT Right-of-Way near the subject property’s pond wall exacting
to create a ledge or add fill and installing a rail. This would be the ideal situation for resident’s
safety and provide pedestrian connectivity.
Staff stated Sidewalks along the IH-35 frontage road became a requirement when the City became
classified as an urban area as staff has stated in their report.
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March 5, 2019
Much discussion between staff and the commissioners.
Staff stated according to the UDC, a subdivision variance may be approved, conditionally
approved, or disapproved by the Planning and Zoning Commission. Because this item is a
variance request, Approval requires a super-majority, 5 votes, by the Commission. Additionally,
any motion to approve the variance request will need to identify at least four (4) of the five
subdivision variance criteria contained in the staff report as factors for approval.
Additional discussion between the P&Z commissioners and city staff.
Motion by Commissioner McCord to grant the Subdivision Variance from the Sidewalk
Construction requirement pursuant to Section 12.07 of the Unified Development Code, for the
property located at 716 S IH 35, bearing the legal description 4.428 acres of Rivery PH 1 Block B, Lot
5E. Second by Commissioner McMichael. Denied. (4-2) Motion fails to meet the minimum 5-vote
threshold.
Substitute motion by Commissioner Stewart to allow the applicant to deposit a fiscal
surety bond with the City, in compliance with the City’s development regulations, in lieu
of constructing the sidewalk at this time for the property located at 716 S IH 35, bearing the legal
description 4.428 acres of Rivery PH 1 Block B, Lot 5E. Second by Commissioner Newman. Denied.
(4-2) Motion fails to meet the minimum 5-vote threshold.
D Update on the 2018/19 UDC Annual Review Plan, Schedule and Next Steps. Andreina Dávila-
Quintero, AICP, Current Planning Manager Andreina updated the Commissioners on the
2018/2019 UDC review plan.
E Discussion and possible action regarding the potential Planning and Zoning meeting schedule for
the 2019-2020 calendar year. Motion by Commissioner Bargainer for the Planning and Zoning
Commission to meet on the 1st and 3rd Tuesday of the month. Second by Commissioner Stewart.
Approved. (7-0)
F Discussion Items:
Updates and Announcements (Sofia Nelson) None offered
Update on the Georgetown Transportation Advisory Board (GTAB) meetings. No report
Questions or comments from Commissioners-in-Training about the actions and matters considered
on this agenda. No questions from Commissioners in Training.
Adjournment
Motion to adjourn at 7:24 p. m.
____________________________________ ____________________________________
Ercel Brashear, Chair Attest, P&Z, Secretary