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HomeMy WebLinkAboutMinutes P&Z 01.15.2022City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, February 15, 2022 at 6:00 p.m. Courts and Council Building, located at 510 W. 91" Street, Georgetown, TX 78626 Commissioners Present: Chere Heintzmann; Kaylah McCord; Doug Noble; Travis Perthuis; Chris Stanley and Terry Williams Commissioners Absent: Jay Warren; Jim Salyer; Mike Price; Mike Tiland; and Tim Haynie Staff Present: Sofia Nelson, Planning Director; Ethan Harwell, Senior Planner; David Munk, Utility Engineer; Travis Baird, Assistant Director; Ryan Clark, Planner; Grant White, Associate Planner; James Kachelmeyer, Assistant City Attorney; Karen Frost, Assistant City Secretary; Wesley Wright, Director Systems Engineering Chair Perthuis called the meeting to order at 6:01 pm. Public Wishing to Address the Board On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found at the Board meeting. Clearly print your name, the letter of the item on which you wish to speak, and present it to the Staff Liaison, preferably prior to the start of the meeting. You will be called forward to speak when the Board considers that item. On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a written request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the speaker's name and the specific topic to be addressed with sufficient information to inform the board and the public. For Board Liaison contact information, please logon to http://govemment.georgetown.org/category/""`boards-commissions . A. 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 February 1,2022regular meetingof the Planning and Zoning Commission -- Mirna Garcia, Program Manager C. Consideration and possible actionto disapprove for the reasons set forth in the item application for a Traffic Impact Analysis, consisting of approximately 49.31 acres in the Berry, J. Sur. AW0051, generally located at 2800 N IH 35 to be known as Berry Creek (2022-1 -TIA) -David Munk, PE, and Lua Saluone, Utility Engineering D. Consideration and possible action to approve application for a Traffic Impact Analysis, consisting of approximately 15.9 acres in the Low, B. C. Sur. AW0385, generally located at 1310 Westinghouse Rd to be known as Dollar General - Westinghouse (2021-6-TIA) - David Munk, PE, and Lua Saluone, Utility Planning & Zoning Commission Minutes Page 1 of 13 February 15, 2022 Engineering E. Consideration and possible action to disapprove for the reasons set forth in the item an application for a Preliminary Plat, consisting of approximately 128.371 acres out of the WilliamAddison Survey, Abstract21, Calvin Bell Survey, Abstract 112, and Joseph Mott, Abstract 427, Section Number 2, generally located at the intersection of Westinghouse Rd/CR 111 and Southwestern Blvd to be known as Mansions Addition (2020-3-PP) - Travis Baird, Assistant Planning Director F. Consideration and possible action to approve an application for a Preliminary Plat, consisting of approximately 119.754 acres in the David Wright Survey, Abstract No.13, generally located at 3001. N. IH 35 to be known as Titan Northpark 35,Phase Il(2021-2-PP)--Ethan Harwell, Senior Planner G. Consideration and possible action to disapprove for the reasons set forth in the item an application for a Preliminary Plat, consisting of approximately 182.66Isaac DonaganSurvey, Abstract178, generally located at south side of SH-2.9 east of Crescent Bluff Drive to be known as Crescent Bluff West (2021-29-PP) - Travis Baird, Assistant Planning Director H. Consideration and possible action to approve application for Construction Plans, consisting of approximately 197.505 acres in the Eaves B. Sur. AW0216 AW0216, generally located at 2451 SH 195 to be known as Berry Creek Highlands Phase 4 and 5 Wastewater Plan (2021-7-CON) - David Munk, PE, and Lua Saluone, Utility Engineering I. Consideration and possible action to approve application for Construction Plans, consisting of approximately 2.55 acres in the J.P. Pulsifer Sur. AW0498, generally located at Wolf Ranch Parkway and Wolf Lakes Dr to be known as Wolf Lakes Village Section 4 (2021-1 1-CON) -David Munk, PE, and Lua Saluone, Utility Engineering J. Consideration and possible action to approve application for Construction Plans, consisting of approximately 43.88 acres in the AW0558 & AW0608 Stubblefield & Thompson Survey, generally located at Jay Wolf Dr and Spring Gulch Ln to be known as Wolf Ranch West Section 2G (2021-15- CON) - David Munk, PE, and Lua Saluone, Utility Engineering K. Consideration and possible action to approve application for Construction Plans, consisting of approximately 6.916 acres in the Addison, Wm. Sur. AW0021, generally located at 2321 Southwestern Blvd to be known as Davidson Ranch Two Family Phase 2 (2021-17-CON) - David Munk, PE, and Lua Saluone, Utility Engineering L. Consideration and possible action to approve application for Construction Plans, consisting of approximately 56.47 acres inthe Isaac DonaganSurvey, Abstract No.178, generallylocated at 3301 W SH 29 to be known as Heights of San Gabriel (Phase 1) (2021-31-CON) — David Munk, PE, and Lua Saluone, Utility Engineering N Consideration and possible action to approve application for Construction Plans, consisting of approximately 70 acres in the Lewis P. Dyches Sur, Abstract No. 171, generally located at 1008 Rocky Hollow Creek Dr to be known as Sun City Neighborhood 66 and 92 (2021-42-CON) - David Munk, PE, and Lua Saluone, Utility Engineering O Consideration and possible action to disapprove for the reasons set forth in the item application for Construction Plans, consisting of approximately 127.58 acres in the D. Casanova Survey Abs No. 128, generally located at 3552 FM 3405 to be known as The Canyons at HCH Ranch Phases 2, 3, 4 & 8 (2021-43-CON) - David Munk, PE, and Lua Saluone, Utility Engineering P Consideration and possible action to disapprove for the reasons set forth in the item application for Construction Plans, consisting of approximately 2.95 acres in the Donagan, I. Sur, generally located Planning & Zoning Commission Minutes Page 2 of 13 February 15, 2022 at Wolf Canyon Rd to be known as Wolf Ranch West Section 8 Phase 1(2021-45-CON) — David Munk, PE, and Lua Saluone, Utility Engineering Q Consideration and possible action to disapprove for the reasons set forth in the item application for Construction Plans, consisting of approximately 47.83 acres in the Lewis P. Dyches Sur. Abs No 171, generally located at 7811 Ranch Road 2338 to be known as Broken Oak Subdivision (2021-48-CON) — David Munk, PE, and Lua Saluone, Utility Engineering R Consideration and possible action to disapprove for the reasons set forth in the item an application for a Preliminary Final Plat Combo, consisting of approximately 19.02 acres in the Barney C. Low Survey, Abstract No. 385, generally located at 5401 N Mays St to be known as Summit at Westinghouse Zone 2A (2022-1-PFP) -- Grant White, Associate Planner S Consideration and possible action to approve for the reasons set forth in the item an application for a Preliminary Final Plat Combo, consisting of approximately 0.352 acres in the William Addison Survey, Abstract No. 21, also being known as a portion of Block 96, Dimmit Addition, an unrecorded subdivision, generally located at 709 E. 15th Street to be known as Park Subdivision (2021-13-PFP) -- Nat Waggoner, Asst. Planning Dir. - Long Range T Consideration and possible action to disapprove for the reasons set forth in the item an application for a Preliminary Final Plat Combo, consisting of approximately 70.082 acres of land out of the Lewis P. Dyches Survey, Abstract No. 180, generally located at the Southwest Corner of Blue Springs Blvd. and SE Inner Loop to be known as Longhorn Junction Logistics Center (2021-18-PFP) --Ethan Harwell, Senior Planner U Consideration and possible action to approve an application for a Final Plat, consisting of approximately 20.027 acres in the I. Donagan Survey, generally located at Crescent Bluff Dr. to be known as Crescent Bluff Section 4B (2021-26-FP) — Ryan Clark, Planner V Consideration and possible action to approve with the conditions set forth in the item an application for a Replat, consisting of approximately 21.694 acres in the 21.694 acres out of the David Wright Survey, Abstract No. 13, generally located at 951 Lakeway Drive to be known as Replat of Havins Airport Commercial Subdivision Lot 1, Block C (2021-48-FP) — Ryan Clark, Planner W Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 15.418 acres in the Isaac Donagan Survey, Abstract No. 178, generally located at 1201 Wolf Canyon Rd to be known as Wolf Ranch Section 8, Multifamily (2021-78- FP) — Ryan Clark, Planner X Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 127.58 acres in the D. Casanova Survey, Abstract No. 128, and the W.A. Turner Survey, Abstract No. 607, generally located on the northeast corner of FM 3405 and CR 289 to be known as The Canyons at HCH Ranch, Phases 2, 3, 4, and 8A (2021-86-FP) -- Ethan Harwell, Senior Planner Y Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 21.734 acres in the Wm. Addison Survey, Abstract No. Planning & Zoning Commission PAinutes Page 3 of 13 February 15, 2022 21, generally located at 4301 Southwestern Blvd. to be known as Final Plat of Patterson Ranch Phase 1 (2021-89-FP) -- Ethan Harwell, Senior Planner Z Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 77.830 acres in the Woodruff Stubblefield Survey, Abstract No. 556, generally located at Sam Houston and Bell Gin to be known as Lawhon Tract (2021- 92-FP) - Travis Baird, Assistant Planning Director AA Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 18.026 acres in the approximately 18.026 acres in the Burrell Eaves Survey, Abstract No. 216, generally located at 2451 SH 195, to be known as Berry Creek Highlands Phase 2B (2021-93-FP) - Ryan Clark, Planner AD Consideration and possible action to disapprove for the reasons set forth in the item, an application for an Amending Plat, consisting of approximately 0.2495 acres in the Lot 2 and all of Lot 3, Block 38, generally located at 109 W 7th St to be known as Amended Plat of Lot 2 and Lot 3, Block 38, City of Georgetown (2021-99-FP) -- Travis Baird, Assistant Planning Director AE Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat with Major Deviations from the Final Plat, consisting of approximately 36.02 acres in the Charles H. Delaney Survey Abstract No.181, generally located northeast of Ronald Reagan Blvd. and RM 2338 to be known as Final Plat of Parmer Ranch Phase 11 (2022-1-FP) -- Ethan Harwell, Senior Planner AF Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat,` consisting of approximately acres in the 35.03 acres in the Subdivision situated in the Charles H. Delaney Survey Abstract No. 181, generally located northeast of Ranch Road 2338 and Ronald Reagan Boulevard to be known as Parmer Ranch Middle School (2022-2-FP) - Ryan Clark, Planner AG Consideration and possible action to disapprove for the reasons set forth in the item application for a Stormwater Permit, consisting of 67.68 acres out of the Antonio Manchaca Sur, Abs 421, generally located at 2101 FM 972 to be known as Walburg RV Resort (2022-1-SWP) - David Munk, PE, and Lua Saluone, Utility Engineering AH Consideration and possible action to disapprove for the reasons set forth in the item application for a Stormwater Permit, consisting of 9.998 acres in the William Robert Sur, Abs No 524, generally located at 3851 Shell Rd to be known as Shell Road Business Park (2022-2-SWP) - David Munk, PE, and Lua Saluone, Utility Engineering AI Consideration and possible action to approve application for a Stormwater Permit, consisting of 61.72 acres in the Roberts, WM Sur Tract 17, generally located at 4811 N IH 35 to be known as Jackson Shaw Phase 1 (2022-3-SWP) - David Munk, PE, and Lua Saluone, Utility Engineering AJ Consideration and possible action to disapprove for the reasons set forth in the item application for a Stormwater Permit, consisting of 18.622 acres in the Joseph Fish Sur. Abs No. 232, generally located Planning & Zoning Commission Minutes Page 4 of 13 February 15, 2022 at 1010 Crockett Gardens Rd to be known as Southlake Water Treatment Plant (2021-31-SWP) - David Munk, PE, and Lua Saluone, Utility Engineering AK Consideration and possible action to approve an application for a Site Development Plan Amendment, consisting of approximately 24.74 acres in the A. Flores Survey, generally located at 2601 N. Austin Ave. to be known as Alta Georgetown (2020-43-SDP) - Ryan Clark, Planner AL Consideration and possible action to approve an application for a Site Development Plan Amendment, consisting of approximately 22.615 acres in the Antonio Flores Survey, Abstract No. 235, generally located at 301 Stadium Dr. to be known as Allora North Georgetown (2020-73-SDP) - Ryan Clark, Pla-hner AM Consideration and possible action to approve an application for a Site Development Plan Amendment, consisting of approximately 1.47 acres in the 1.47 acres in the Issac Donagan Survey, Abstract No. 172, generally located at 601 Crescent Heights Drive to be known as Crescent Bluff Amenity Center (2021-11- SDP) - Ryan Clark, Planner AN Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan Amendment, consisting of approximately 19.641 acres in the D. Wright Survey, Abstract No. 13, generally located at 2550 North I.H. to be known as Titan Gateway35 - Building 1 (2021-21-SDP) - Ryan Clark, Planner AO Consideration and possible action to approve an application for a Site Development Plan, consisting of approximately 16.737 acres in the Burrell Eaves Survey, Abstract 216, generally located at 2201 SH 195 to be known as Alta Berry Creek (2021.-27-SDP) - Ryan Clark, Planner AP Consideration and possible action to approve with the conditions set forth in the item an application for a Site Development Plan, consisting of approximately 0.22 acres out of Lot 2A, Block A, Amending Plat of Summit at Rivery Park Lot 2 & 16, Block A and Lot 1, Block E Phase 5 & 6, generally located at 101 Hintz Road to be known as Rivery Cafe (2021-51-SDP) -- Ethan Harwell, Senior Planner AQ Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 17.425 acres in the 17.425 acres out of the Francis A. Hudson Survey, Abstract No. 295 and the James S. Patterson Survey, Abstract No. 502, generally located at 401 Westinghouse 1 to be known as Chapel Hill Phase 2 (2021-65-SDP) - Ryan Clark, Planner ' AR Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 24.326 acres in the Lewis J. Dyches Survey, Abstract No. 2, generally located at 3502 S. Austin Ave. to be known as Loram Technologies (2021- 78-SDP) -- Ethan Harwell, Senior Planner AS Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 61.72 acres in the Williams Roberts Survey, Abstract No. 524, generally located at 4811 N IH-35 to be known as Jackson Shaw - Phase 1 (2021-79- SDP) -- Ethan Harwell, Senior Planner Planning & Zoning Commission Minutes Page 5 of 13 February 15, 2022 AT Consideration aftd possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 15.41 acres in the Isaac Donagan Survey, Abstract No. 178, generally located at Wolf Canyon Rd. to be known as Wolf Ranch Unit 8 (2021-80- SDP) - Ryan Clark, Planner AU Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 18.4098 acres in the Francis A. Hudson, Abstract No. 295, generally located at 1201 Westinghouse Road to be known as Windmill Hill Industrial (2021-84-SDP) - Travis Baird, Assistant Planning Director AV Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 1.89 acres in Lot 1, Block F of Deer Haven Subdivision, generally located at 3820 Williams Drive to be known as Black Rock Coffee (2021-85- SDP) -- Grant White, Associate Planner AW Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 0.42 acres in Lot 2, Block 1, Jim Hogg Addition, generally located at 5606 Williams Drive to be known as Take 5 Georgetown (2022-1-SDP) - Ryan Clark, Planner AX Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of Lot 2, Block A, Wolf Lakes Village Section 2, generally located at 210 Memorial Drive to be known as Seton Wolf Lakes (2022-2-SDP) -- Ethan Harwell, Senior Planner AY Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of Lot 2, Dicotec Subdivision, David Wright Survey, Abstract No. 13, generally located at 4407 Williams Drive to be known as Crown Castle "The Barn" Tower Expansion (202i-3-SDP) -- Ethan Harwell, Senior Planner AZ Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 12 acres in the Joseph P. Pulsifer Survey, Abstract No. 498, generally located at 510 Sunset Vista to be known as Novak Wolf Lakes Apartments (2022-4-SDP) -- Ethan Harwell, Senior Planner BA Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 5.888 acres in the Stubblefield, W. Survey, Abstract No. 556, generally located at 2005 Patriot Way to be known as Lawhon Lift Station and Forcemain (2022. 6-SDP) - Ryan Clark, Planner Commissioner Stanley recused himself with a Conflict of Interest disclosure. Motion to approve the Consent Agenda, except for items M, AB and AC which were moved to the Legislative Regular Agenda, by Commissioner Noble. Second by Commissioner Heintzmann. Approved 4-0, Stanley abstained. Planning & Zoning Commission Minutes Page 6 of 13 February 15, 2022 Legislative Regular Agenda M Consideration and possible action to approve with the conditions set forth in the item application for Construction Plans, consisting of approximately 36.9 acres in the Chas. H. Delaney Sur. Abstract No.181, generally located at 10128 Ronald W Reagan Blvd to be known as Parmer Ranch Phases 9 and 10 (2021-40-CON) - David Munk, PE, and Lua Saluone, Utility Engineering Travis Baird read description of the construction plans proposed. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. Motion to approve Item M by McCord. Second by Noble. Approved 5 - 0. AB Consideration and possible action to disapprove with the reasons set forth in the item an application for a Final Plat, consisting of approximately 23.514 acres out of the Francis Hudson Survey, Abstract 295, generally located at the northwest corner of Commerce Blvd. and Blue Ridge Drive to be known as Windmill Hill Phase 4, Lot 1, Block B, (2021-94-FP) - Travis Baird, Assistant Planning Director Travis Baird read description of the proposed final plat. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. Motion to approve Item AB by Stanley. Second by Noble. Approved 5 - 0. AC Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 14.885 acres out of the Francis A Hudson Survey, Abstract 295, generally located at Generally located northeast of Commerce Blvd. and Blue Ridge Drive to be known as Windmill Hill Phase 5, Lot 1, Block C (2021-95-FP) - Travis Baird, Assistant Planning Director Travis Baird read description of proposed final plat. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. Motion to approve Item AC by Noble. Second by Stanley. Approved 5 - 0. BB Presentation and discussion of the draft San Jose and TRG Neighborhood Plans as amendments to the 2030 Comprehensive Plan - Sofia Nelson, Planning Director and Nat Waggoner, Asst. Planning Dir. - Long Range Sofia Nelson gave a follow-up to previous commission concerns and questions. For the TFG neighborhood, there are new parking restrictions being proposed at council to address the residents' concerns about street parking in their neighborhood. There is also an action item going forth to address parking considerations for Blue Hole. The consultant is looking into building condition concerns. She reported that final drafts of both plans were being delivered to the commissioners tomorrow and staff is bringing recommendations for consideration to the next meeting. No action was taken at this meeting. BC Public Hearing and possible action on a request for a Special Use Permit (SUP) for the automobile rental/leasing specific use in the General Commercial (C-3) zoning district on the property located at Planning & Zoning Commission Minutes Page 7 of 13 February 15, 2022 930 N. Austin Ave., bearing the legal description of Lot 1, Southwestern Plaza Subdivision (2021-11- SUP) -- Travis Baird, Assistant Planning Director Travis Baird presented the application. This project meets the UDC criteria for the Special Area. This use does not exactly meet the Williams Drive Corridor uses because there are differences already in the shopping center. This SUP would allow uses with unique or widely varying operating characteristics orunusual uses. This application complies with all UDC Section 3.07.030 criteria and staff recommends approval. Perthuis asked about cleaning of cars. Baird explained all cleaning and washing of vehicles will be handled off -site, stating this is just a staging area for distribution to customers. Owner clarified that interior cleaning and vacuuming will be done on site, but exterior washing will be done off -site. Parking of vehicles was described to satisfaction of commissioners. The area is lit well enough for this purpose. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. Motion to approve Item BC by Heintzman. Second by Stanley. Approved 5 — 0. BD Public Hearing and possible action on a request for Zoning Map Amendment to rezone a 9.570-acre tract of land out of the J. Berry Survey, Abstract No. 51, Williamson County, Texas, from the Agriculture zoning district to the Industrial zoning district, for the property generally located at 201 Lazy Road (2021- 36-REZ). Cesar Acosta, Senior Planner Cesar Acosta presented the application. He stated staff does not feel that this rezoning meets all the criteria of UDC Section 3.06.130, as it is not consistent with the Comprehensive Plan and does not meet the land use ration, and CR 152 is not large enough to support heavy truck traffic. He also stated this property is not suitable for this use and does not have enough developable land to support the use. The applicant, Rachel Shanks showed an aerial map of the area and said this was a good location for Industrial uses because of the nearby access to 130 and IH 35. Commissioners asked questions. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. Motion by Heintzmann to deny this application based on not complying with the necessary criteria. Second by McCord. McCord commented she did not like putting heavy trucks on the small CR 152. Stanley stated he does not like putting residential neighborhoods in this area either. Vote — 2 — 3, Noble, Perthuis and Stanley opposed. Motion fails. Motion by Perthuis to approve the rezoning for Item BD. Second by Noble. Motion passes 3 — 2, Heintzmann and McCord opposed. Planning & Zoning Commission Minutes Page 8 of 13 February 15, 2022 BE Public Hearing and possible action on a request for Zoning Map Amendment to rezone 46.39 acres of the John Berry Survey, A-51, in Williamson County, Texas, from the Agriculture (AG) zoning district to the Industrial (IN) zoning district, for the property generally located at 1001 CR 152 (2021- 37-REZ). Cesar Acosta, Senior Planner Cesar Acosta presented the application. This is similar to the previous application but with more land and a closer vicinity to Berry Springs park and Berry Creek. This property has direct access to 130 and the future land use plan indicates this should be an employment center, less intensity than Industrial. Sofia,Nelson clarified some of the allowed uses of each of the zoning districts. Rachel Shanks, the applicant gave more information about the property, stating that this property is over the Edwards Aquifer and would be held to strict standards by TCEQ, especially since it is near the creek as well. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. Motion by Heintzmann to deny this application. Second by Stanley. Motion passes 4 —1, Noble opposed. BF Public Hearing and possible action on a Subdivision Variance to waive the requirement to construct sidewalks pursuant to Section 12.07.010 of the Unified Development Code, for the property located at 1108 Dunman Drive, bearing the legal description of Quail Meadow Unit 2, Block 1, Lot 11 (2021- 22- WAV). Ryan Clark, Planner Ryan Clark presented the application and stated the proposed development on the residential lot has triggered the need for the sidewalk infrastructure. This is an older neighborhood which does not have any existing sidewalks and the city has no plans to build sidewalks in this area in the foreseen future. Commissioners did not have questions. Perthuis opened the Public Hearing. James Bradford, owner of the property stated there are not any sidewalks within eight blocks of this street and that they will gladly pay into the sidewalk fund for future sidewalks but they cannot conform to building a sidewalk at this time due to the large heritage tree and existing drainage ditch at the corner of t7he property. Tabatha Bradford, other property owner also asked for this waiver, to protect the tree that they have protected and taken care of for years. Hannah Houlihan, daughter of the Bradford's, stated she will be buying the house from her parents that will be built on this lot, and that they ask to keep this tree for not only them, but the neighbors as well. Planning & Zoning Commission Minutes Page 9 of 13 February 15, 2022 Perthuis closed the public hearing with no other speakers coming forth. Motion by Heintzmann to approve the waiver to not build a sidewalk stating this complies with the criteria in Section 3.22.060 by complying with the following criteria:1. That the granting of the variance 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 this Code; and 2. That the granting of the variance would :not substantially conflict with the Comprehensive Plan and the purposes of this Code; and 3. That the conditions that create the need for the variance do not generally apply to other property in the vicinity; and 4. That application of a provision of this Code will render subdivision of the land impossible; and 5. Where literal enforcement of these regulations would result in an unnecessary hardship. Second by Noble. Commissioners discussed this further and Heintzmann amended the motion to include that the applicant must pay the fee -in -lieu of building the sidewalk. Second by Noble. Vote 5 - 0 approved the amendment. Vote 5 - 0 approved the original motion with the amendment. BG Public Hearing and possible action on a Subdivision Variance from the minimum driveway spacing requirement for non-residential driveways pursuant to Section 12.08.020 of the Unified Development Code, for the property located at 2001 SH 195, bearing the legal description of 4.658 acre tract of land, out of the William Roberts Survey, Abstract 524 (2021-23-WAV). David Munk, P.E., Senior Utility Engineer Wesley Wright presented this application. He explained that QuikTrip is requesting a Variance to the traffic impacts for the proposed development at SH 195 and Shell Road. The applicant is requesting a left -in and left -out access on Shell Road, within proximity of a major intersection. Staff states this is not safe and does not comply with any of the criteria for a variance in Section 3.22.060. The applicant, David Meyer, Project Manager for Quik Trip spoke and complained that they had been trying to build this store for two years and were having difficulty working with staff on getting final details resolved. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. After further discussion among the commissioners, Wright asked for this item to be tabled until later in the meeting. Ierthuis moved to table this item while another item was discussed. Commissioners voted 5 - 0 to table this item. BH Public Hearing and possible action on a request for a Subdivision Variance to waive the requirement of Section 12.05.020 of the Unified Development Code which would prohibit the creation of a residential cul-de-sac more than 500-feet long on Wisteria Drive, for the property located at 600 SH 130 Toll, bearing the legal description of 27.404 acres in the John Berry Survey, Abstract No. 51 and the David Wright Survey, Abstract No. 13 (2021-24-WAV). Ethan Harwell, Senior Planner Planning & Zoning Commission Minutes Page 10 of 13 February 15, 2022 Ethan Harwell presented this application. He explained that Wisteria Street has a hard end where the subdivision was built for future connection to another property. This property is now zoned as a Industrial property and is required to connect to the neighborhood. But no one wants that connection made. The neighborhood needs a turn around for the end of this street and the engineers are recommending a "hammer -head" stub at the end of Wisteria, which would allow a turn -around for people going the wrong way in Crystal Knoll so the can get out of the neighborhood, and then restrict access to the neighborhood from the Industrial site and any cut throughs from 130. Chair Perthuis opened the Public Hearing. A resident of the neighborhood spoke for this proposal, no name given. Matthew Witten also spoke to ask clarifying questions. Chair Perthuis closed it with no one else coming forward. Motion by Perthuis to approve the Subdivision Variance to waive the requirement of Section 12.05.020 of the Unified Development Code by complying with the following criteria: 1. That the granting of the variance 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 this Code; and 2. That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code; and 3. That the conditions that create the need for the variance do not generally apply to other property in the vicinity; and 4. That application of a provision of this Code will render subdivision of the land impossible; and 5. Where literal enforcement of these regulations would result in an unnecessary hardship. Second by Noble. Approved 5 — 0. Item BG was reopened at this time. Wesley Wright reported that the applicant has pulled his request off the table and that he will work with staff to find a solution that does not need a Variance. This item now required no action. BI Public Hearing and possible action on a request for a Subdivision Variance to waive the requirement of Section 12.02.020 of the Unified Development Code requiring the dedication of right of way along Williams Drive, for the property located at the southeast comer of Williams Drive and Jim Hogg Rd, bearing the legal description of Lot 1 & Lot 2, Jim Hogg Addition. (2022-1-WAV)-David Munk, Utility Engineer & Travis Baird, Assistant Planning Director Wesley Wright reported that this applicant has requested a 30-day postponement of this application. It will be brought back to another meeting. No action required at this time. BJ Public Hearing and possible action on a Subdivision Variance from Section from the minimum driveway spacing requirement pursuant to Section 12.08.020. of the Unified Development Code, for property located at 3113 W. SH-29, being the legal description of 0.3547 acres, 0.4915 acres, 0.54 acres, 22.54 acres, and 32.69 acres out of the Isaac Donegan Survey, Abstract No.178 (2021-25-WAV). David Munk, P.E., Senior Utility Engineer Planning & Zoning Commission Minutes Page 11 of 13 February 15, 2022 Wesley Wright presented the item and described the request. The owner of the large lots is trying to create a subdivision which will have access on Hwy 29, but is too close to another driveway. This will create a flag lot situation for the neighborhood, with the access eventually being a collector street for several of the lots along Hwy 29, including the lot with the driveway that is too close to this lot right now. The owner of the food court business does not want to give up their access to Hwy 29 at this point but may in the future. The speed limit on Hwy 29 at this point is 65 mph and requires driveway spacing of 645 feet. Staff is recommending approval of this request because the applicant has partially complied with 2 criteria and complies with 3 of the criteria. Brian Birdwell, Steger and Bizzell spoke for the applicant and stated that they would provide the right turn lane as the city requires for deceleration purposes. Chair Perthuis opened the Public Hearing and closed it with no one coming forward. Motion by McCord to approve the Subdivision Variance from Section from the minimum driveway spacing requirement pursuant to Section 12.08.020. of the Unified Development Code by complying with the following criteria: 1. That the granting of the variance 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 this Code; and 2. That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code; and 3. That the conditions that create the need for the variance do not generally apply to other property in the vicinity, and 4. That application of a provision of this Code will render subdivision of the land impossible; and 5. Where literal enforcement of these regulations would result in an unnecessary hardship. Second by Heintzmann. Approved 5 — 0. BK Discussion Items: ® Updates and Announcements (Sofia Nelson, Planning Director) ® Update from other Board and Commission meetings ® Questions or comments from Alternate Members about the actions and matters considered on this agenda. ® Reminder of the March 1, 2021, Planning and Zoning Commission meeting in Council Chambers located at 510 W 9th St, starting at 6:00pm. Sofia Nelson expressed appreciation of Kayla McCord, as this was her final meeting of her term. She has served four year during this time and served another term a year before that. Her dedication to the commission and community has been exemplary. She received applause. Nelson reported that the City Council will be reviewing Fuel Sales at their workshop on February 22nd. The City Attorney's office is reviewing tree code enforcements. And she appreciated everyone's patience while the department is working through staffing issues. Adjournment Planning & Zoning Commission Minutes Page 12 of 13 February 15, 2022 Motion to adjourn by Commissioner Noble. Second by Commissioner Stanley. Approved (5-0). Adjourned at 9:07 p.m. Travis Perthuis, Chair Attest, Secretary Planning & Zoning Commission Minutes Page 13 of 13 February 15, 2022