HomeMy WebLinkAboutMinutes P&Z 09.03.2019
Planning & Zoning Commission Minutes Page 1 of 6
September 3, 2019
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, September 3, 2019 at 6:00 p.m.
Courts and Council Building, located at 510 W. 9th Street, Georgetown, TX 78626
Commissioners present: Ercel Brashear, Chair; Gary Newman; Ben Stewart; Tim Bargainer; Travis
Perthius, Marlene McMichael
Commissioners in training present: Glenn Patterson; Aaron Albright
Commissioners absent: Kaylah McCord
Staff Present: Andreina Davila-Quintero, Current Planning Manager; Sofia Nelson, Planning Director;
Chelsea Irby, Senior Planner; Michael Patroski, Planner; Steve McKeown, Landscape Planner
Chair Brashear called the meeting to order at 6:05 p.m.
A. Public Wishing to Address the Board
At the time of posting, no persons had signed up to address the Board.
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 and possible action to approve the minutes from the August 20, 2019 regular
meeting of the Planning and Zoning Commission. – Mirna Garcia, Management Analyst
C. Consideration and possible action on a Plat Vacation for the final plat of Madison at Georgetown
Section 1 Phase 1, generally located at 4301 SH-195 (2019-2-VAC) – Chelsea Irby, Senior Planner
D. Consideration and possible action on a request for a Preliminary Plat, consisting of approximately
454.83 acres in the Chas H. Delaney Survey, Abstract No. 181 and the Lewis P. Dyches Survey,
Abstract No. 171, generally located at the northeast and southeast corners of RM 2338 and Ronald
Reagan Blvd. (2019-4-PP). Chelsea Irby, Senior Planner
Motion by Commissioner Stewart to recommend approval of the Consent Agenda. Second by
Commissioner McMichael. Approved (7-0).
Legislative Regular Agenda
E. Public Hearing and possible action on a request to rezone Lot 1, Block D of the Dalrymple Addition
from the Residential Single-Family (RS) district to the Neighborhood Commercial (CN) district,
located at 1217 Timber (2019-7-REZ). – Chelsea Irby, Senior Planner
Planning & Zoning Commission Minutes Page 2 of 6
September 3, 2019
Item E moved to be considered after Items F and G
Staff report presented by Irby. The applicant is requesting to rezone a 0.14 lot located at 1217
Timber Street from Residential Single-Family (RS) to Neighborhood Commercial (CN). The
applicant’s letter of intent states their plans for a spa and salon boutique in the existing structure
and to increase the landscaping and aesthetics of the property. Staff has reviewed the request in
accordance with the Unified Development Code (UDC) and other applicable codes. Staff has
determined that the proposed request complies with 4 of the 5 established in UDC 3.06.030 for a
Rezoning.
The applicant addressed the Commission and made a presentation.
Chair Brashear opened the Public Hearing.
Larry Bedford, and Kacy Haun expressed support of the request.
Chair Brashear closed the Public Hearing.
Motion by Commissioner Newman to recommend approval of Item E (2019-7-REZ) as presented.
Second by Commissioner McMichael. Approved (7-0).
F. Public Hearing and possible action on a request to rezone 0.44 acres of Block G (W/PT) of the
Dalrymple Addition from the Residential Single-Family (RS) district to the Local Commercial (C-1)
district, located at 408 West University Avenue (2019-10-REZ) -- Chelsea Irby, Senior Planner
Staff report presented by Irby. The applicant is requesting to rezone the property located at 408 W
University from Residential Single-Family (RS) to Local Commercial (C-1). The applicant intends to
restore the historic structure on the site to allow for additional commercial business along the
University Avenue corridor. Staff has reviewed the request in accordance with the Unified
Development Code (UDC) and other applicable codes. Staff has determined that the proposed
request complies with 5 of the 5 established in UDC 3.06.030 for a Rezoning.
The applicant, Lee McIntosh, addressed the Commission. He indicated that he acquired the
property at the beginning of the year to do a full restoration of the house. He does not have a
specific use in mind for now but expects to convert it into a retail use.
Commissioner Bargainer asked the applicant to provide an explanation for the C-1 and not MU-DT
request. The applicant responded that MU-DT is too intense and did not consider it necessary for
the property.
Chair Brashear opened the Public Hearing, and closed the Public Hearing with no speakers.
Motion by Commissioner Bargainer to recommend approval of Item F (2019-7-REZ) as presented.
Second by Commissioner Newman. Approved (7-0).
Planning & Zoning Commission Minutes Page 3 of 6
September 3, 2019
G. Public Hearing and possible action on a request to rezone 0.65 acres of Block 67-68 (PTS) of the Lost
Addition from the Residential Single-Family (RS) and the Planned Unit Development (PUD)
districts to the Mixed Use Downtown (MU-DT) district, generally located at 400 West 11th Street
and 401 W University Avenue (2019-11-REZ) -- Chelsea Irby, Senior Planner
Staff report by Irby. The applicant is requesting to rezone the properties at 401 W University and
400 W. 11th Street to the Mixed Use Downtown district to expand the existing office and create a
new parking area. Staff has reviewed the request in accordance with the Unified Development
Code (UDC) and other applicable codes. Staff has determined that the proposed request complies
with 5 of the 5 established in UDC 3.06.030 for a Rezoning.
The Commission had questions for staff regarding the existing PUD, and projects on the two
properties. The Applicant, Lee McIntosh, addressed the Commission.
Chair Brashear asked the applicant how to preserve the applicant’s vision of the property. McIntosh
presented an option establishing private covenants and restrictions on the property. The applicant
is willing to restrict the northern portion to parking lot use only.
Chair Brashear opened the Public Hearing.
Liz Weaver expressed concerns with the lot facing 11th Street. No concerns with proposed zoning
for the lot facing University. The more properties are rezoned to commercial, the more properties
will continue to be rezoned to commercial encroaching into the neighborhood. She does not
support the rezoning request.
Linda Thomas expressed concerns regarding evaluating both properties under the same request. By
separating the request, property facing 11th St would show that it does not comply with the criteria.
Concerned with traffic and transportation safety. Does not support rezoning request.
Robert Cravens commented that the northern portion was not originally included in the 2014 DMP.
Concern with traffic and on-street parking along 11th St. Should remain residential. Does not
support rezoning request.
Brashear closed the public hearing.
The applicant responded to comments. Commissioner McMichael asked the applicant to clarify if
Fire will require access on 11th St. McIntosh replied that based on his experience Fire would require
access.
Commissioner Bargainer asked staff options on zoning recommendations. Irby replied that the
Commission may make a recommendation for both properties, or different recommendations for
each property. Irby also stated that 20% of land owners have opposed the request requiring ¾ vote
of the City Council to approve the request.
Planning & Zoning Commission Minutes Page 4 of 6
September 3, 2019
Motion by Commissioner Bargainer to recommend approval for the property fronting University
and denial for the property fronting 11th St. Second by Commissioner in training Albright.
There was discussion by the Commission.
Item G (2019-11-REZ) Approved (6-1) with Commissioner Newman opposed.
H. Public Hearing and possible action on a request for a Comprehensive Plan Amendment to change
the Future Land Use designation from Low Density Residential to Moderate Density Residential on
an approximately 30.14-acre tract in the William Addison Survey, Abstract No. 21, generally located
as 2488 RockRide Lane, to be known as Rockride Lane Subdivision (2019-4-CPA). Michael Patroski,
Planner
Staff report presented by Patroski. The applicant has initiated a request to change the Future
Land Use Category of approximately 30.14 acres from Low Density Residential (LDR)
to the Moderate Density Residential (MDR) category. The applicant’s intent is to bring
the property into the city’s corporate limits to develop a residential subdivision. The
applicant’s request for Residential Single-Family (RS) zoning upon annexation is not
consistent with the current Low Density Residential (LDR) Future Land Use category.
The LDR category is intended for densities under three (3) dwellings units per acre,
which is less than the desired density. Therefore, the applicant is submitting this
Comprehensive Plan Amendment (CPA) to change the Future Land Use Map to a
category consistent with the proposed us of the subject property. The CPA application
will precede the associated Annexation with Zoning application to all the Commission
and Council to fully evaluate and determine the appropriateness of the Future Land Use
category on this site. If the Commission and Council deny this CPA request, the
subsequent Zoning request upon annexation would not be consistent with the current
Future Land Use category, thus requiring a different zoning district designation.
Commissioner Stewart asked staff how utility capacity can be demonstrated when outside City’s
district. Chair Brashear responded that the applicant will need to demonstrate capacity at time of
platting.
Commissioner Newman asked for confirmation that request only includes 30 acres.
Chair Brashear opened the public hearing. Chair Brashear closed the public hearing with no
speakers.
Motion by Commissioner Stewart to recommend approval as presented for Item H (2019-4-CPA).
Second by Commissioner McMichael. Approved (7-0).
I. Public Hearing and possible action on a request for a Comprehensive Plan Amendment to change
the Future Land Use designation from Employment Center to Moderate Density Residential on an
approximately 111-acre tract of land in the Woodruff Stubblefield Survey, Abstract No. 556,
Planning & Zoning Commission Minutes Page 5 of 6
September 3, 2019
generally located at 1500 Lawhon Ln (2019-5-CPA). – Michael Patroski, Planner
The applicant has requested this item be continued to the next P&Z meeting.
Motion by Commissioner Bargainer to continue the item to the next P&Z meeting on September
17. Second by Commissioner in training Albright. Approved (7-0).
J. Public Hearing and possible action on an executive amendment to Chapter 1 of the Unified
Development Code (UDC) relating to the adoption of the UDC Development Manual, City
Construction Specifications and Standards Manual, Drainage Criteria Manual, Utility Improvement
and Extension Policy, Access Management Policy, and Municipal Utility District Policy. – Sofia
Nelson, CNU-A, Planning Director
Report presented by Nelson. House Bill 3167, enacted by the Texas Legislature on May 21, 2019 and
signed into law by the Governor on June 14, 2019, requires the municipal authority responsible for
approving plats (the Planning and Zoning Commission) to approve, approve with conditions, or
disapprove a subdivision plan, subdivision construction plan, site plan, land development
application, site development plan, preliminary plat, general plan, final plat, or replat within 30
days of the date the application is filed.
House Bill 3167 additionally requires the Commission to provide the applicant a written statement
that clearly articulates each of the conditions for the conditional approval or reasons for
disapproval, including a citation to the law that is the basis for the condition or reason. The Bill
applies to certain applications submitted after September 1, 2019. The City currently requires
certain land development applications to comply with various City manuals, standards, and
policies in addition to the provisions of the City's Unified Development Code (UDC). Such
documents include but are not limited to: 1. UDC Development Manual 2. City Construction
Standards and Specification Manual 3. Drainage Criteria Manual 4. Downtown and Old Town
Design Guidelines 5. Traffic Calming Standards 6. Utility Improvement and Extension Policy 7.
Access Management Policy 8. Municipal Utility District Policy 9. Landscape and Tree Technical
Standards 10. Public Improvement District Policy 11. City Addressing and Street Naming Policy 12.
Neighborhood Traffic Management Policy 13. International Building Code 14. International Fire
Code. Some, but not all, of these manuals, standards, and policies have already been adopted by
ordinance. Accordingly, in order to comply with House Bill 3167, this Ordinance would adopt, or
re-adopt, the current edition of some of these documents by ordinance. It would also require the
current version of the adopted policies to be on file in the City Secretary's Office and available for
public inspection. Upon passage of this Ordinance, Staff will be able to clearly cite to the applicable
ordinance and regulatory document underpinning any condition of a conditional approval or
reason for denial. Applicants will also be better able to submit applications in conformance with all
City ordinances, rules, and regulations, since said requirements will be centrally-located and
available for public inspection.
Chair Brashear opened the Public Hearing and closed the Public Hearing with no speakers.
Planning & Zoning Commission Minutes Page 6 of 6
September 3, 2019
Motion by Commissioner Bargainer to recommend approval as presented for Item J. Second by
Commissioner Stewart. Approved (7-0).
K. Consideration and review of updated by-laws. – Sofia Nelson, Planning Director
Report presented by Nelson.
Chair Brashear asked for confirmation if this was discussed by City Council at their last meeting.
Commissioner in training Albright asked if the proposed amendments included changes to the
number of Alternate Members.
Nelson replied that the number is addressed in the changes to the Ordinance in the City Code and
removed the minimum numbers in the bylaws.
Motion by Commissioner Newman to approve Item K. Second by Commissioner McMichael.
Approved (7-0).
L. Discussion Items:
- Updates and Announcements (Sofia Nelson, CNU-A, Planning Director)
o No Updates
- Update from other Board and Commission meetings
- Questions or comments from Alternate Members about the actions and matters considered
on this agenda.
o Commissioner in training Patterson commented on the changes in the language to
the conflict of interest ordinance. One of the changes is that members can be in the
room but must leave the dais.
o Nelson commented that staff will ask Legal to provide an update at the next
meeting.
- Reminder of the September 17, 2019, Planning and Zoning Commission meeting back in CC
Chambers located at 510 W 9th St, starting at 6:00pm.
Motion to adjourn by Commissioner McMichael. Second by Commissioner Bargainer.
Adjournment at 7:40pm.
____________________________________ ____________________________________
Ercel Brashear, Chair Attest, P&Z Ben Stewart, Secretary