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HomeMy WebLinkAboutMinutes P&Z 11.01.2022Minutes of the Planning and Zoning Commission City of Georgetown, Texas Tuesday, November 1, 2022 The Georgetown Planning and Zoning Commission met on Tuesday, November 1, 2022 at 6:00 PM at Council and Court Building, 510 W. 9th Street. The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King, Jr Street for additional information; TTY users route through Relay Texas at 711. The following Members were in attendance: Present were: Mike Tiland, Travis Perthuis, Doug Noble, Timothy E Haynie, Scott A Allen, Stephen F Dickey, Colin McGahey Public Wishing to Address an Advisory Board On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the meeting room. Clearly print your name and the letter of the item on which you wish to speak and present it to the Board Liaison prior to the start of the meeting. You will be called forward to speak when the Board considers that item. Only persons who have delivered the speaker form prior to the meeting being called to order may speak. Speakers will be allowed up to three minutes to speak. If you wish to speak for six minutes, it is permissible to use another requestor's granted time to speak. No more than six minutes for a speaker may be granted. The requestor granting time to another speaker must also submit a form and be present at the meeting. On a subject not posted on the agenda: A request must be received by the Advisory Board or Commission Liaisor prior to the day the agenda for this meeting is posted. Each speaker will be given three minutes to address the Board or Commission members. No action can be taken at this meeting. Call to Order Pledge of Allegiance Comments from the Chair Announcements Action from Executive Session 1. Statutory 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 Session. Moved by Stephen F Dickey; seconded by Doug Noble to Approve the consent agenda minus Items 1.13 and 11. Motion Approved: 5 - 0 Voting For: Doug Noble, Scott A Allen, Mike Tiland, Stephen F Dickey, Colin McGahey Voting Against: None 1.A Meeting Minutes Consideration and possible action to approve the minutes from the October 18th, 2022 regular meeting of the Planning and Zoning Commission --Jessica Lemanski, Planning Specialist 1.13 2022-7-TIA 5C" Deer Haven Commercial Consideration and possible action to approve with the conditions set forth in the item application for a Traffic Impact Analysis, consisting of approximately Block E Lot 1 Deer Haven Subdivision, generally located at 3900 Williams Dr. to be known as Deer Haven Commercial (2022-7-TIA) - David Munk, PE, and Lua Saluone, Utility Engineering This item was pulled from the consent agenda due to outstanding fees being paid. Staff is now requesting approval of Item 1.13. Moved by Stephen F Dickey; seconded by Timothy E Haynie to Approve with the conditions set forth in the item. Motion Approved: 6- 1 Voting For: Travis Perthuis, Doug Noble, Stephen F Dickey, Colin McGahey, Timothy E Haynie, Mike Tiland Voting Against: Scott A Allen 1.0 2022-9-PP- 722 Gunter Subdivision Consideration and possible action to disapprove for the reasons set forth in the item an application for a Preliminary Plat, consisting of approximately 6.754 acres in the William Addison Survey, Abstract No. 21, generally located at 4301 Southwestern Blvd to be known as 722 Gunter Subdivision (2022-9-PP) -- Patrick Collins, Planner 1.D 2022-16-PP-Keystone Georgetown Preliminary Plat Consideration and possible action to disapprove for the reasons set forth in the item an application for a Preliminary Plat, consisting of approximately 51.055 acres in the William Addison survey, Abstract No. 21 and the Lewis J. Dyches survey, Abstract No. 2, generally located at 1951 FM 1460 to be known as Keystone Georgetown Preliminary Plat (2022-16-PP) - Patrick Collins, Senior Planner 1.E 2022-5-CON a€" Wolf Ranch West Section 4G Consideration and possible action to approve application for Construction Plans, consisting of approximately 34.41 acres in the Thompson J. Survey AW0608, generally located at Blue Blaze Trail and Wandering Path to be known as Wolf Ranch West Section 4G (2022-5-CON) - David Munk, PE, and Lua Saluone, Utility Engineering 1.17 2022-20-CON SC" Berry Creek Crossing 5C" Wastewater Improvements Consideration and possible action to approve with the conditions set forth in the item application for Construction Plans, consisting of approximately 49.31 acres in the Berry J. Sur. AW0051 AW0051, generally located at 2800 N IH 35 to be known as Berry Creek Crossing - Wastewater Improvements (2022-20-CON) - David Munk, PE, and Lua Saluone, Utility Engineering 1.G 2022-35-CON a€" Wolf Ranch Regional Trail a€" Phase II Consideration and possible action to approve application for Construction Plans, consisting of approximately 52.5639 acres in the Stubblefield, C. Sur. AW0558 AW0558, generally located at Wolf Ranch Regional Trail to be known as Wolf Ranch Regional Trail - Phase II (2022-35-CON) - David Munk, PE, and Lua Saluone, Utility Engineering 1.1-1 2O21-3-PFP- Springbrook Partners LP at LonghornA Junction 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 24.500 acres in the L. J. Dyches Survey, Abstract No. 180, generally located at 205 Blue Ridge Drive to be known as Springbrook Partners LP at Longhorn Junction (2021-3-PFP) - Patrick Collins, Senior Planner 1.I 2022-10-PFP- Longhorn Junction Consideration and possible action to approve an application for a Preliminary Final Plat Combo, consisting of approximately 5.815 acres in the Lewis Dyches Survey, Abstract Number 180, generally located at Rabbit Hill Road to be known as Longhorn Junction (2022-10-PFP) - Patrick Collins, Senior Planner 1.1 2022-13-PFP-Preliminary Final Plat of the Loram Subdivision 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 24.326 acres in the Lewis Dyches Survey No. 2, Abstract No. 180, generally located at 3004 South Austin Avenue to be known as Loram Subdivision (2022-13-PFP) - Patrick Collins, Senior Planner 1.K 2022-14-PFP-Georgetown Plaza 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 2.575 acres in the 2.575 acres in the William Addison Survey, Abstract No. 21, generally located at 3001 E UNIVERSITY AVE to be known as Georgetown Plaza (2022-14-PFP) - Patrick Collins, Senior Planner 1.1- 2022-15-PFP- Wolf Ranch MF-Preliminary Final Plat Consideration and possible action to approve an application for a Preliminary Final Plat Combo, consisting of approximately 29.69 acres in the Isaac Donagan Survey, Abstract No. 178, and Joseph Thompson Survey, Abstract No. 608, generally located at the Southeast Corner of Wolf Ranch PKY/Southwest Bypass to be known as Wolf Ranch MF- (2022-15-PFP) -- Grant White, Planner 1.M 2021-89-FP- Patterson Ranch Phase 1 Consideration and possible action to approve an application for a Final Plat, consisting of approximately 58.008 acres in the 58.008 Wm. Addison Survey, Abstract No. 21 and the South Rockride Subdivision, generally located at 4301 Southwestern Blvd. to be known as Final Plat of Patterson Ranch Phase 1 (2021-89-FP) - Patrick Collins, Senior Planner 1.N 2021-90-FP-High Crest Meadows Subdivision, Phase 1 Consideration and possible action to approve with the conditions set forth in the item an application for a Final Plat, consisting of approximately 24.066 acres in the William Addison Survey, Abstract No. 21, generally located at 2321 Southwestern Blvd Georgetown, TX 78626 to be known as High Crest Meadows Subdivision, Phase One (2021-90-FP) - Ryan Clark, Planner 11 1.0 2022-10-FP-Parkside on the River Phase 2 Section 4 & 7 Consideration and possible action to approve an application for a Final Plat, consisting of approximately 68.66 acres in the Joseph Thompson Survey, Abstract 608, generally located at Greenview Parkway to be known as Parkside on the River Phase 2, Section 4 & 7 (2022-10-FP) - Ryan Clark, Planner II 1.P 2022-12-FP- Replat of Lot 21, Lost River Ranch Section 1 Consideration and possible action to approve an application for a Replat, consisting of approximately 5.293 acres in Lot 21, Lost River Ranch Section One, generally located at 127 Waycross Dr. to be known as Replat of Lot 21, Lost River Ranch Section One (2022- 12-FP) -- Patrick Collins, Senior Planner 1.Q 2022-19-FP- Hart's Corner Subdivision Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 0.1139 acres out of the C. Stubblefield Survey Abstract 558, generally located at 1507 Hart Street to be known as Hart's Corner Subdivision (2022-19-FP) - Travis Baird, Assistant Planning Director 1.R 2022-33-FP- Parkside on the River Phase 3 Section 4 & 7 Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 34.256 acres in the J.D. Johns Survey, Abstract No. 365, 1 & G.N. R.R. Survey, Abstract No. 744, W.E. Pate Survey, Abstract No. 836, Joseph Thompson Survey, Abstract No. 608, generally located at Parkside Parkway and Escalera Parkway to be known as Parkside on the River Phase 3, Sections 4 and 7 (2022-33-FP) - Grant White, Planner 1.S 2022-44-FP- Parkside on the River Phase 3 Section 5 Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 22.56 acres in the W. E. Pate Survey, located at North of FM 2233 and West of Parkside Pkwy to be known as Parkside on the River Phase 3 Section 5 (2022-44-FP) - Ryan Clark, Planner II 1.T 2022-55-FP- Second Amending Plat of Cimarron Hills Country Club Phase 2 Consideration and possible action to approve an application for an Amending Plat, consisting of approximately 1.29 acres in Lots 150R, 152R, and 154R of Block C, Amending Plat of Cimarron Hills Country Club Phase 2, generally located at Cimarron Hills Trail West to be known as Second Amending Plat of Cimarron Hills Country Club Phase 2 (2022-55-FP) - Ryan Clark, Planner II 1.0 2022-57-FP- Rivery Crossing Phase 2 Consideration and possible action to disapprove for the reasons set forth in the item an application for a Final Plat, consisting of approximately 3.066 acres in the Porter N. Survey, Abstract 0497 generally located at 2005 Rivery Blvd to be known as Rivery Crossing, Phase 2 (2022-57-FP) -- Patrick Collins, Senior Planner 1.V 2021-30-SWP a€" Patriot Animal Hospital Consideration and possible action to approve application for a Stormwater Permit, consisting of 1.2583 acres in the I. Donagan Survey, generally located at 100 Chaparral Dr. to be known as Patriot Animal Hospital (2021-30-SWP) - David Munk, PE, and Lua Saluone, Utility Engineering 1.W 2021-32-SWP a€" Market Street Industrial Consideration and possible action to approve application for a Stormwater Permit, consisting of 4.9471 acres in the Resource Commercial Park Lot 12, generally located at 181 Market St. to be known as Market Street Industrial (2021-32-SWP) - David Munk, PE, and Lua Saluone, Utility Engineering 1.X 2021-58-SDP- Blue Springs Business Park, LLC Consideration and possible action to approve with the conditions set forth in the item an application for a Site Development Plan, consisting of approximately 43.42 acres known as Lot 1, Block A, Blue Springs Business Park, generally located at 600 SE Inner Loop to be known as Blue Springs Business Park, LLC (2021-58-SDP) - Grant White, Planner 1.Y 2021-86-SDP- San Gabriel Flats Consideration and possible action to approve an application for a Site Development Plan, consisting of approximately 0.6612 acres in the 54209 - North Georgetown Addition, BLOCK 12, Lot 1-2, 7-8, generally located at 806 E. Spring Street to be known as San Gabriel Flats (2021-86-SDP) - Ryan Clark, Planner II 1.Z 2022-8-SDP- Amazing Explorer's Academy Georgetown Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 2.167 acres in the Block A West Georgetown Village 1, Block A, Lot 6, generally located at 4509 Williams Dr. to be known as Amazing Explorer's Academy Georgetown (2022-8-SDP) -- Grant White, Planner Staff requested Item 12 be pulled from the consent agenda due to outstanding fees being paid. Staff is now requesting approval of this item. Moved by Timothy E Haynie; seconded by Mike Tiland to Approve Item 11. Motion Approved: 7- 0 Voting For: Travis Perthuis, Doug Noble, Timothy E Haynie, Scott A Allen, Mike Tiland, Stephen F Dickey, Colin McGahey Voting Against: None 1.AA 2022-21-SDP- Somerset Hills Parcel 5 Consideration and possible action to approve an application for a Site Development Plan, consisting of approximately 134 acres in the. F Foy survey, Abstract No. 229, generally located at 30501 Ronald W Reagan Blvd to be known as Somerset Hills Parcel 5 (2022-21-SDP) - Ryan Clark, Planner II 1.AB 2022-24-SDP- Freehill Site Development Plan Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 14.465 acres in the Lot 2 Block A of the "DG Westinghouse Addition", generally located at 1300 Westinghouse Road to be known as Freehill Site Development Plan (2022-24-SDP) - Patrick Collins, Senior Planner LAC 2022-43-SDP- Bridgehaven Parkland Consideration and possible action to Approve for the reasons set forth in the item an application for a Site Development Plan, the property known as Lot 23, Block C, Bridgehaven Phase 4., generally located at 3001 Westinghouse Rd to be known as Bridgehaven Parkland (2022-43-SDP) - Travis Baird, Assistant Planning Director 1.AD 2022-46-SDP- Village Medical Georgetown Consideration and possible action to Approve an application for a Site Development Plan, consisting of approximately 1.37 acres in Tract One, Block A, Lot Two, of Final Plat for West Georgetown Village No.1, generally located at 4525 Williams Dr. to be known as Village Medical Georgetown (2022-46-SDP) - Patrick Collins Senior Planner 1.AE 2022-63-SDP-ABC Supply Consideration and possible action to disapprove for the reasons set forth in the item an application for a Site Development Plan, consisting of approximately 5.815 acres in the Lewis Dyches Survey, Abstract No. 180, generally located at 205 Rabbit Hill Rd to be known as ABC Supply (2022-63-SDP) -- Ryan Clark, Planner II 1.AF 2022-75-HT- 404 Wolf Ridge Consideration and possible action to approve an application for a Heritage Tree Pruning Permit, for the property located at 404 Wolf Ridge Road, bearing the legal description of Lot Wolf Ranch West, Section 3, Phase 2, Block AA, Lot 2, Acres .0204 (2022-75-HT) Rachel Hagan, Landscape Planner 2. Regular Session 2.A 2022-10-ANX, GT Berry Springs, South line of CR 152 west of Tom McDaniel and the Berry Creek Public Hearing and possible action on a request for a Zoning Map Amendment to zone, upon annexation a 101.24 acre tract out of the John Berry Survey Abstract No. 51, to the Residential Single Family (RS) zoning district and the Neighborhood Commercial (CN) zoning district, for the property generally located south of CR 152 and west of Tom McDaniel (2022-10-ANX).Cesar Acosta, Neighborhood & Housing Program Manager Cesar Acosta presented the staff report. Tyler Freese, Applicant and Civil Engineer, approached the podium to address the Commission and spoke to the location of the project, noting that they included neighborhood services to the plan in order to add to the Neighborhood Future Land Use Plan designation, and he provided a rendering of the proposed project. The adjacent neighborhood residents will have access to the trail in the floodplain, although acreage in the floodplain is not counted towards parkland dedication per City ordinance. Freese spoke to the approval criteria in the staff report, especially items three and four, and their difficulty in complying with both criteria. Freese spoke to the timeline of their project and noted that in their original plan had 260 lots, but has been reduced down to 160 lots to lessen density in the area. Commissioner Noble asked how many acres are planned for the neighborhood commercial. Freese established that it will be 5-6 acres to make the plan consistent with the Future Land Use Plan, but will not be developed for a while. Commissioner Dickey asked what the open spot in the annexation property represents. Acosta explained that those parcels are not owned by the applicant of this annexation case. Chair Perthuis opened the public hearing. Will Viney, 1306 CR 152, approached the podium to address the Commission and spoke to the poor conditions of CR 152, and potential safety hazards should there be more density added to the surrounding area. Viney also noted that there were very little changes made to the plan after residents met with the developer, and voiced his concern with growing development in Georgetown. Viney is in opposition to this project. Teresa Person, 2615 CR 152, approached the podium to address the Commission. Maurine Janke, 2520 CR 152, ceded her time to Person. Person pointed out that there are several residents of the surrounding neighborhood present at the meeting who are in opposition of this request and reiterated Will Viney's earlier comments that CR 152 is not in good condition. There are narrow lanes, drop-offs, potholes, and sharp turns, and Person believes this road could not safely support the increased number of trips that this development would bring to the area. If there are improvements proposed for CR 152, she would like it to be improved throughout the entire road, notjust the portion in front of the development. Ralph Poyo, 1925 CR 152, approached the podium to address the Commission and requested improvements on the entirety of CR 152, as well as transparency throughout that process. Poyo commented that no real concessions were made at the meeting held between neighborhood residents and the developer, and he is concerned about road safety, as well as wild animal and water impacts. James Wilson, 2131 CR 152, approached the podium to address the Commission and spoke to his time in the construction industry and the worsening conditions of CR 152. Wilson requested more consideration for the existing residents of the area, especially in regards to increased runoff and potential flooding due to increased impervious coverage. Wilson is also concerned with increased traffic on CR 152, Kamala Greif, 2250 CR 152, approached the podium to address the Commission and expressed concern about a Public Information Request response she received that had an abundance of redacted information. Greif is also concerned by the plans presented tonight, especially when it is described as minimally disruptive. Greif's home borders the proposed development and foresees significant disruption to her property should this proposal be approved. Chair Perthuis closed the public hearing. Commissioner Allen asked why criteria 4 on the staff report is partially compliant. Acosta explained that the proposed use of the property is compatible, but the intensity of the residential lots is what makes it partially compliant. Chair Perthuis asked if there are any improvements planned for CR 152. Acosta established there are no planned improvements for CR 152. Chair Perthuis asked if there is a point where the City of Georgetown takes over the maintenance of CR 152. Acosta explained that it is dependent on the cost to service and whether that is required by the County. Commissioner Dickey asked if there is a projected date that the interceptor would be available for sewage on the site since there is no wastewater on the site as of now. Acosta established that it is a budgeted item. David Munk approached the podium to address the Commission and explained that it will take 18-24 months to build. Moved by Scott A Allen; seconded by Doug Noble to Deny Item 2.A. Motion Approved: 6- 1 Voting For: Travis Perthuis, Doug Noble, Timothy E Haynie, Scott A Allen, Mike Tiland, Colin McGahey Voting Against: Stephen F Dickey 2.13 2022-12-SUP - 601 S. Austin Ave Public Hearing and possible action on a request a Special Use Permit (SUP) for Permanent Mobile/Outdoor Food Vendors in Mixed -Use Downtown (MU-DT) zoning district on the property located at 601 S. Austin Avenue, bearing the legal description of 0333 acres, being Lots 6, 7, & 8, Block 38, City of Georgetown (2022-12-SUP) -- Maddison O'Kelley, Preservation and Redevelopment Manager Maddison O'Kelley presented the staff report. The applicant is present to answer any Commissioner questions but does not have a presentation. Commissioner Allen requested clarification on if this Special Use Permit is a request for modified zoning. Chair Perthuis explained that this process was put in place to allow for mobile food vendors to operate in areas not zoned for that use. Commissioner Allen asked if vendors have to go through the established application process with the City in order to operate there. O'Kelley confirmed, yes. Commissioner Dickey asked what the operating hours would be. Josh Barron, JB Engineering, approached the podium to address the Commission and explained that they have not discussed operating hours, but assured the Commission that they will be compliant with noise regulations. Barron also established that they intend to utilize the building already on the property. Commissioner Dickey asked if there will be alcohol sales. Barron confirmed that they are planning on having alcohol sales. Chair Perthuis opened the public hearing. Larry Brundidge, 908 Pine St., approached the podium to address the Commission and commented that he is opposed to the sale of alcohol at this property. Brundidge voiced concern regarding the management of the property once a special use permit has been approved and requested a limited term to the SUP. Chair Perthuis closed the public hearing. Moved by Doug Noble; seconded by Timothy E Haynie to Approve Item 2.B as presented. Motion Approved: 7- 0 Voting For: Travis Perthuis, Doug Noble, Timothy E Haynie, Scott A Allen, Mike Tiland, Stephen F Dickey, Colin McGahey Voting Against: None 2.0 2022-13-SUP, Morrow Street Condominiums, 402 & 406 Morrow Street Public hearing and possible action on a request for a Special Use Permit for Attached Multifamily in the General Commercial (C-3) zoning district on the property located at 402 Morrow St., bearing the legal description of .66 acre and .659 acre tracts out of the Nicholas Porter Survey Abstract No. 497, (2022-13-SUP) Cesar Acosta, Neighborhood & Housing Program Manager Cesar Acosta presented the staff report. The applicant is present to answer Commissioner questions but does not have a presentation. Commissioner Dickey asked if Morrow Street is a dead end. Acosta confirmed, yes. Commissioner Dickey asked for clarification on the parking count. Anthony Garrant, Applicant, approached the podium to address the Commission and explained that there were some calculation errors that will need to be addressed before City Council hears the item. Garrant also noted that they moved their parking to salvage the heritage tree in the southern corner of the property. Commissioner Haynie asked what the underlying zoning designation will be. Acosta explained that the property will remain a C-3 general commercial zoning district. Commissioner Haynie asked how parking requirements are determined. Acosta established that the UDC Section 9.02 establishes parking space requirements by unit. Chair Perthuis opened the public hearing. Jen Bradac, 106 E. Spring St., approached the podium to address the Commission and commented that she appreciated the applicant's letter of intent in which the history of the property and house are laid out, and she would like to inquire about adding a heritage home marker to the house on the property. Bradac also commented that she would like the heritage tree and courthouse view corridors preserved. Chair Perthuis closed the public hearing. Moved by Stephen F Dickey; seconded by Colin McGahey to Approve Item 2.0 as presented. Motion Approved: 7- 0 Voting For: Travis Perthuis, Doug Noble, Timothy E Haynie, Scott A Allen, Mike Tiland, Stephen F Dickey, Colin McGahey Voting Against: None 2.D 2022-10-REZ, KB Homes Wicker, 2800 Westinghouse Road Public Hearing and possible action on a request for a Zoning Map Amendment to rezone approximately 61 acres out of the J. Mott Survey, Abstract No. 427 from the Agriculture (AG) zoning district to the Residential Single-family (RS) zoning district, for the property generally located at 2800 Westinghouse Rd, (2022-10-REZ). Grant White, Planner Grant White presented the staff report. The applicant is present and wishes to address the Commission. Chair Perthuis asked if there is a ROW for the neighboring residential PUD to the west of the subject property. White confirmed, yes. Commissioner Dickey asked if the PUD is included in the land use ratio numbers on slide 12 of the staff presentation. White explained that half of the PUD is in the community center and not counted, but the other half is present in the ratio numbers. Commissioner Dickey asked if the Commission will see this project again at its site development plan application. White explained that there won't be a site development plan for this project since it's not commercial, but they would be required to apply for a preliminary plat. Geoff Guerrero and John Zinsmeyer approached the podium to address the Commission. Zinsmeyer spoke to other residential projects they have completed in Georgetown, as well as the timeline of their application process with the city for this particular project. Zinsmeyer expressed concern with comments received after submittal of their application in which staff pointed out an abundance of residential zoning in the surrounding area and suggested the applicant consider adding CN or OF access on the frontage of Westinghouse Road. After considering the comments and seeing additional RS zoning approved in the neighboring property's PUD, they did not think it appropriate to have residential zoning between commercial zones, and they did not add commercial area to their application. Zinsmeyer explained that the subject property and the neighboring junction at 1460 property are being sold by two different family members, and KB Homes is attempting to create cohesion between the two properties in regards to drainage and the trail system. Zinsmeyer spoke to the variety of home products they have available, and asked that if the Commission does not support this project that they approve it conditionally or request postponement. Chair Perthuis explained that the applicant would need to request postponement, and a zoning request cannot be conditionally approved. Commissioner Haynie asked if RS is the desired zoning. Zinsmeyer confirmed, yes. Chair Perthuis asked if there is a mechanism for fixing the setback issue. White established that the setback would not be able to be changed with the rezone. Travis Baird approached the podium to address the Commission and established that in order to create something that is conditional and enforceable, they would need to develop a PUD. KB Homes has the opportunity to develop to a higher standard should the rezone be approved, but staff's analysis is based on the requirements in the UDC for their zoning request. Chair Perthuis opened and closed the public hearing with no speakers coming forth. Moved by Travis Perthuis; seconded by Stephen F Dickey to Approve Item 2.D as presented. Motion Approved: 7- 0 Voting For: Travis Perthuis, Doug Noble, Timothy E Haynie, Scott A Allen, Mike Tiland, Stephen F Dickey, Colin McGahey Voting Against: None 2.E UDC Executive Text Amendment No. 22-XX Public Hearing and possible action on a proposed Executive Text Amendment to Chapters 3 and 4 of the Unified Development Code (UDC) relating to the Courthouse View Protection Overlay District specifically as it pertains to establish a waiver process for the Courthouse view protection requirements established within the district -- Maddison O'Kelley, Preservation and Redevelopment Manager Maddison O'Kelley presented the staff report. Chair Perthuis requested clarification on the purpose of the amendment as it relates to the construction of a parking garage in the Courthouse View Corridor. Sofia Nelson established that this amendment is proposed so that the City can request a waiver to the view corridor and build taller than what is allowed right now. The City has seen several other requests for increased building height in the view corridor, so this creates a process that would go before City Council to determine if it meets the criteria proposed before them. Nelson also established that the approval of these requests would require a 3/4 vote, and the approval criteria has been carefully crafted to be supportive of comprehensive plan implementation steps. Commissioner Allen asked if there is a legal difference between waivers, exceptions, and variances. Nelson explained that those terms are not interchangeable, and Council, as well as the City's legal team, has determined a need for this waiver process, separate from an administrative exception or variance. Chair Perthuis opened and closed the public hearing with no speakers coming forth. Moved by Stephen F Dickey; seconded by Scott A Allen to Approve Item 2.E as presented. Motion Approved: 7- 0 Voting For: Travis Perthuis, Doug Noble, Timothy E Haynie, Scott A Allen, Mike Tiland, Stephen F Dickey, Colin McGahey Voting Against: None 2.F Discussion Items Updates and Announcements (Travis Baird, Assistant Planning Director) Updates from other Board and Commission meetings Questions or comments from Alternate Members about the actions and matters considered on this agenda. Reminder of the November 15th, 2022, Planning and Zoning Commission meeting in Council Chambers located at 510 W 9th St, starting at 6:00pm. Sofia Nelson approached the podium to provide updates for the Commission. Nelson reminded the Commission that there is a Joint P&Z and City Council workshop on Tuesday, November 8th at 2 pm in the City of Georgetown Library. This workshop is aimed at creating guiding principles to aid in the UDC rewrite process. Nelson spoke to the presentation on Industrial Development workshop given to City Council, and suggested P&Z Commissioners watch that presentation and reach out with any questions. Adjournment These minutes were approved at the meeting of Chair Attest