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HomeMy WebLinkAboutAgenda_P&Z_12.03.2013Notice of Meeting for the Planning and Zoning Commission of the City of Georgetown December 3, 2013 at 6:00 PM at City Council Chambers, 107 East 7th Street, Georgetown, TX 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 at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. An agenda packet, containing detailed information on the items listed below, is distributed to the Commission and will be available at the Planning & Development Office, located at 300 Industrial Avenue. You may also visit the City of Georgetown web site at www.georgetown.org and review the staff report on the proposed application no later than the Saturday prior to the Planning and Zoning meeting described above. Commissioners: Roland Peña, Chair; Porter Cochran, John Horne, Robert Massad, Scott Rankin, Mike Hewlett and Bob Brent. Commissioners in Training: Kevin Vietti Rosemary Wyman If you need accommodations for a disability, please notify the City in advance. Regular Session - To begin no earlier than 6:00 p.m. (Commission may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Commissioner, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Call to Order Pledge of Allegiance Comments from the Chair Welcome and Meeting Procedures Action from Executive Session 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://government.georgetown.org/category/boards-commissions/. A As of the deadline for this agenda, no persons were signed up to speak on items other than what was posted on the agenda. Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B Draft Minutes from the November 18th P&Z meeting. Legislative Regular Agenda C Consideration and possible action on a Plat Waiver to Section 6.02.010.B. for direct access and frontage on a public street for 46.47 acres in the C. Johnson Survey, located at 1221 County Road 262. D Public Hearing and possible action on a Special Use Permit for North Georgetown Addition, Block 4, Lots 1-4, to establish an accessory dwelling unit (ADU), located at 807 North Myrtle Street, in the Residential Single-family (RS) zoning district -- Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director (action required) E Public Hearing and possible action on a Special Use Permit for Dennis P. McCoy Subdivision, Block A, Lots 1-4 and Block B, Lots 1-3, dba Mac Haik Dodge to allow an automotive use in a General Commercial (C-3) District, located at 5255 IH 35 and 107 Fox Drive. SUP-2013-005 (Carla Benton) F Public Hearing and possible action on a Rezoning of Chaparro Estates, Block B, Lot 28 Resubdivision, from Agriculture (AG) District to Residential Single-family (RS) District, located at 211 Sedro Trail. REZ-2013-018 (Carla Benton) G Public Hearing and possible action on a Rezoning of Chapriel Place, Lot 1-A, located at 4889 Williams Drive, from the Office (OF) District to the Local Commercial (C-1) District -- Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director (action required) H Public Hearing and possible action on a Rezoning of Chapriel Place, Lot 2-A and 3-A, located at 4877 & 4871 Williams Drive, from the Office (OF) District to the Local Commercial (C-1) District -- Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director (action required) I Discussion Items: Invitation to attend a neighborhood meeting on the Williams Drive Special Area Plan Overlay District on December 5, 2013. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Commissioner Rankin) Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. Reminder of the December 17, 2013, Planning and Zoning Commission meeting. Adjournment Meeting Adjourn CERTIFICATE OF POSTING I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the ______ day of __________________, 2013, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. ____________________________________ Jessica Brettle, City Secretary City of Georgetown, Texas SUBJECT: As of the deadline for this agenda, no persons were signed up to speak on items other than what was posted on the agenda. ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: City of Georgetown, Texas SUBJECT: Draft Minutes from the November 18th P&Z meeting. ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: ATTACHMENTS: Description Type Draft Minutes from the November 18th Meeting Cover Memo Planning & Zoning Commission Minutes / November 18, 2013 Page 1 of 2 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Monday, November 18, 2013 at 6:00 PM Georgetown Public Library – Hewlett Room 402 W. 8th Street, Georgetown, TX 78626 Commissioners: Roland Peña, Chair; John Horne, Secretary; Porter Cochran Scott Rankin, and Bob Brent Commissioners in Training: Kevin Viette Commissioner(s) Absent: Robert Massad, Vice-chair and Mike Hewlett Commissioner(s) in Training Absent: Rosemary Wyman Staff Present: Andrew Spurgin, Planning Director, Valerie Kreger, Principal Planner, Bridget Chapman, City Attorney and Stephanie McNickle, Recording Secretary. Chair Peña called the meeting to order at 6:37 p.m. Chair Roland Peña stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker is permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 1. As of the deadline for this agenda, no persons were signed up to speak on items other than what was posted on the agenda. Consent Agenda The Consent Agenda includes non-controversial and routine items that the Commission may act on with one single vote. A Commissioner or any member of the public may request that any item from the Consent Agenda be pulled in order that the Commission discuss and act upon it individually as part of the Regular Agenda. The Planning and Zoning Commission's approval of an item on the Consent Agenda will be consistent with the staff recommendation described in the report, unless otherwise noted. 2. Consideration of the Minutes of the November 5, 2013, meeting of the Planning and Zoning Commission. Motion by Commissioner Brent to approve the consent agenda including the minutes from the November 5, 2013 Planning and Zoning meeting. Second by Commissioner Horne. Approved. (5-0) Regular Agenda 2. Public Hearing and possible action on a Rezoning to amend a Planned Unit Development (PUD) District for 31.94 acres, known as The Summit at Rivery Park, being Lot 1, Block A, and Lots 1 - 4 and 11, Block B, of Brownstone at the Summit Phase 1, Lots 1-3, 4 (pt), and 5- 7, Block A, The Rivery Park II, and Lot 2, Block A, Rivery Park, located on Rivery Planning & Zoning Commission Minutes / November 18, 2013 Page 2 of 2 Boulevard. REZ-2013-019 (Valerie Kreger) Staff report by Valerie Kreger. Bridget Chapman, city Attorney provided an overview of the project as it is envisioned by several Boards and Commissions within the City of Georgetown. Valerie Kreger provided an overview of the Planned Unit Development Amendment request, description of project and recommendation for approval. Questions from the Commission regarding if the green space area is the same as previous plans and the use of gray water were addressed by the applicant, Jeff Novak, Novak Brothers, Inc. Mr. Novak gave a tentative project construction schedule and residential sales. He commended staff for their work on the project. The Commission commended Mr. Novak on his vision and for moving forward on this project. Chair Peña opened the Public Hearing. No one came forward, the Public Hearing was closed. Motion by Commissioner Brent to recommend to city Council approval of the Planned Unit Development (PUD) District for 31.94 acres, known as The Summit at Rivery Park, being Lot 1, Block A, and Lots 1 - 4 and 11, Block B, of Brownstone at the Summit Phase 1, Lots 1-3, 4 (pt), and 5-7, Block A, The Rivery Park II, and Lot 2, Block A, Rivery Park, located on Rivery Boulevard. Second by Commissioner Horne. Approved. (5-0) 3. Discussion and possible action regarding the potential Planning and Zoning meeting schedule for the 2014 calendar year. Andrew Spurgin, Planning Director reviewed over the discussion from the October 15th Planning and Zoning meeting and potential 2014 P&Z meeting calendar presented to the Commission. Discussion regarding the ability to cancel a meeting if needed. Motion by Commissioner Cochran to approve 2014 P&Z meeting calendar as presented. Second by Commissioner Horne. Approved. (5-0) 4. Invitation to attend a neighborhood meeting on the Williams Drive Special Area Plan Overlay District on December 5, 2013. Andreina Davila, Project Coordinator for the City of Georgetown gave a brief overview of the project and the purpose public meeting scheduled for December 5, 2013. 5. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Scott Rankin) Commissioner Rankin gave brief presentation regarding the November GTAB meeting. 6. Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. NA 7. Reminder of the December 3, 2013, Planning and Zoning Commission meeting. 8. Adjourn at 7:27 _____________________________________ __________________________________ Roland Peña, Chair John Horne, Secretary City of Georgetown, Texas SUBJECT: Consideration and possible action on a Plat Waiver to Section 6.02.010.B. for direct access and frontage on a public street for 46.47 acres in the C. Johnson Survey, located at 1221 County Road 262. ITEM SUMMARY: Background: The applicant has requested a plat waiver to the UDC requirements of direct access and street frontage for a 46.47 acres tract to allow construction of a single residence with access provided through the existing 30' private access easement. Public Comments: Notification is not required for a plat waiver. Special Considerations: None. Recommended Motion: Approval of the Plat Waiver for 46.47 acres in the C. Johnson Survey to allow access by private easement. FINANCIAL IMPACT: None. The applicant has paid the required fees. SUBMITTED BY: Carla Benton ATTACHMENTS: Description Type Staff Report Cover Memo Location Map Backup Material Aerial Map Backup Material Georgetown Planning Department Planning & Zoning Commission C. Johnson Survey, Waiver for access Page 1 of 4 Meeting Date: December 3, 2013 Item: 3 File No: WAV-2013-002 Project Planner: Carla Benton, Planner Report Date: November 19, 2013 Item Description Consideration and possible action on a Waiver to Section 6.02.010.B. for direct access and frontage on a public street for 46.47 acres in the C. Johnson Survey, located at 1221 County Road 262. Staff Recommended Motion Approval of the Waiver for 46.47 acres in the C. Johnson Survey to allow access by private easement. Item Details Project Name: Johnson Survey Tract Location: 1221 County Road 262 (See Exhibit 1) Total Acreage: 46.47 acres Legal Description: 46.47 acres in the C. Johnson Survey Applicant: Don Bizzell Property Owner: BB&S Partners, Ltd & Kendall Bizzell Contact: Don Bizzell Proposed Lots: No additional lots are proposed Streets Proposed: No right-of-way is proposed Parkland: No parkland is proposed with this application. Existing Use: Undeveloped, landlocked parcel Existing Zoning: Located in the Extra Territorial Jurisdiction (ETJ) Growth Tier: Tier 3 Applicant’s Request The applicant has requested a waiver to direct access and street frontage for 46.47 acres to allow a single residence to be built with access through the existing 30’ private access easement. Planning Department Staff Report C. Johnson Survey, Waiver for access Page 2 of 4 Site Information Location: The 46.47 acres is located in the center of Lake Georgetown Estates subdivision and Estates of Westlake subdivision, as identified below. Physical Characteristics: The property is a landlocked parcel with access by a private access easement only. Property History The applicant states that, “The land that I own, was bought from the State of Texas in 1906 by Mr. Charlie Johnson. The patent survey #850 bears his name. He sold the same tract to Mr. Jenkins in the 1930’s and I bought the same tract from the Jenkins family in 1990. When I bought the land it was landlocked inside the Roy Gunn Ranch. Some years later I was able to get an access point via a 30’ easement from my neighbor to the north. I have private access but would never be able to acquire public access.” Planning Department Staff Report C. Johnson Survey, Waiver for access Page 3 of 4 2030 Plan Conformance The proposed waiver is in conformance with the 2030 Plan land use designation of Low Density Residential. The aplicant is proposing development of a single residence on the 46.47 acres. The 2030 Plan Growth Tier Map designation for this project is Tier 3, where growth may be anticipated within 20 years. Proposed Waiver Section 3.22.010 of the UDC describes the Plat Waiver as being a process to address unforeseen circumstances or other difficulties in development of a property under the specific provisions of the Code. The applicant requests a waiver to Section 6.02.010.B.1. of the UDC that requires direct access and frontage on a public street. The request is to provide access by an existing 30-foot private access easement as shown on Exhibit 1. Utilities Electric is provided by Pedernales Electric Cooperative, water is provided by CTSUD and septic service is provided on-site. There is no request to serve this property. Transportation There are no streets proposed for this development. Access is proposed from County Road 262 by way of a private access easement. Future Application(s) No future applications are anticipated for this property. Staff Analysis Staff Recommendation and Basis: Staff is supportive of the request for waiver for the following reasons: 1. The Future Land Use designation of Low Density Residential supports the proposed development as it remains within the design criteria for Low Density Residential. 2. The proposed waiver does not detrimentally impact any surrounding properties or future development as it is consistent with the surrounding development and there is no viable access to this property. Planning Department Staff Report C. Johnson Survey, Waiver for access Page 4 of 4 Staff is supportive of the proposed waiver as it is within the scope of the Future Land Use for this property and is providing appropriate relief in this unique circumstance. Special Consideration: None. Inter Departmental, Governmental and Agency Comments None Public Comments Public notification is not required for a waiver application. Proposed Meetings Schedule December 3, 2013 – Planning and Zoning Commission Submitted By Carla Benton, Planner and Andrew Spurgin, Planning Director Attachments Exhibit 1 – Location Map Exhibit 2 – Aerial CITYOF GEORGETOWN G e o r g e t o w n E T J Geo r g e to w n E T J Georgetown ETJ DEERFIELDDR TURKEYTROT H I G H LAND SPRINGLN C R 2 6 2 F O X C H A S E C I R WILDER N E S S C V WHISPE RIN G SPRIN G L N WILDE R N E S S T R L MARQU E S A T R L A B R A M S R D SILVERSTONE DR H U N T E R S P O I N T D R PORTO A F I N O LN WHI S P ERING S P R I N G LN WAV-2013-002 WAV-2013-002Exhibit #1 Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 1,000 2,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ 2338")3405 Site City Lim its Street Site ³ WAV-2013-002 MARQUESA TRL DEER F I E L D D R TUR K E Y TRO T WILDE R N E S S T R L WHITNEYWOODSCIR FOX CHASE CIR ABRAMS R D WIL D E R N E S S C V HIG H L A N D S P R I N G L N HUNTERS P O I N T D R SILV E R S T O N E D R PORT O A F I N O L N C R 2 6 2 WHISPERINGSPRING LN LegendSiteParcelsCity LimitsGeorgetown ETJ Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 1,000 2,000Feet Exhibit #2 WAV-2013-002 ")3405 ")2338 Site City Limits Street Site ³ City of Georgetown, Texas SUBJECT: Public Hearing and possible action on a Special Use Permit for North Georgetown Addition, Block 4, Lots 1-4, to establish an accessory dwelling unit (ADU), located at 807 North Myrtle Street, in the Residential Single-family (RS) zoning district -- Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director (action required) ITEM SUMMARY: Background: The applicant has requested a Special Use Permit to establish an accessory dwelling unit (ADU) by converting an existing accessory structure at the rear of the property. The building was constructed as storage and workshop space, but with forethought for utility connections and possible future use as some level of a dwelling unit. Per Table 5.02.010 and Section 5.02.020(B.) of the UDC, an “Accessory Dwelling Unit” Use is permitted in the RS zoning district, subject to approval of a Special Use Permit by the City Council. Section 3.07 of the UDC details the process of applying for and receiving a Special Use Permit. Public Comment: A total of 13 notices were sent out to property owners within 200 feet of the proposed Special Use Permit. Public notice was posted in the Sun newspaper on November 17, 2013. As of the writing of this report, no comments have been received. One neighbor called staff inquiring about the details of the application. Recommended Motion: Recommend to the City Council approval of the Special Use Permit for North Georgetown Addition, Block 4, Lots 1-4, to establish an accessory dwelling unit (ADU), located at 807 North Myrtle Street, in the Residential Single-family (RS) zoning district. FINANCIAL IMPACT: None. The required application fee has been paid. SUBMITTED BY: Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director ATTACHMENTS: Description Type Staff Report Cover Memo Exhibit 1 - Location Map Backup Material Exhibit 2 - Future Land Use/Transportation Backup Material Exhibit 3 - Zoning Backup Material Exhibit 4 - Aerial (2013) Backup Material Georgetown Planning Department Staff Report 807 N. Myrtle / Accessory Dwelling Unit - Special Use Permit Page 1 of 5 Report Date: November 27, 2013 File No: SUP-2013-004 Project Planner: Mike Elabarger, Senior Planner Item Details Project Name: 807 N. Myrtle-Accessory Dwelling Unit Location: 807 N. Myrtle Street (See Exhibit 1) Total Acreage: 0.33 acres Legal Description: North Georgetown Addition, Block 4, Lots 1-4 Applicant: Mohammad Mirzaii Property Owner: Mohammad Mirzaii Contact: Mohammad Mirzaii Existing Use: Residence Existing Zoning: Residential Single-family (RS) District Future Land Use: Specialty Mixed Use Area Growth Tier: Tier 1A Overview of Applicant’s Request The applicant has requested a Special Use Permit to establish an accessory dwelling unit (ADU) by converting an existing accessory structure at the rear of his property. The building was constructed as storage, but with forethought for utility connections and possible future use as some level of a dwelling unit. Per Table 5.02.010 and Section 5.02.020(B.) of the UDC, an “Accessory Dwelling Unit” Use is permitted in the RS zoning district, subject to approval of a Special Use Permit by the City Council. Section 3.07 of the UDC details the process of applying for and receiving a Special Use Permit. A Conceptual Site Layout is normally required for a Special Use Permit application. In this instance, with the accessory structure already constructed, and just the use of it being requested to change with the addition of an Accessory Dwelling Unit, this requirement was waived. The provided Exhibit 4, Aerial Map, identifies the location of this structure on the property, and a smaller scale view of that aerial is provided within this report. Site Information Location: This property is located adjacent San Gabriel Park, in a small pocket of residential bounded by the park, the San Gabriel River, and North Austin Avenue. The very busy intersection of Austin Avenue, Williams Drive, and Interstate 35 is 1/10th of a mile away. (See Exhibit 1) Planning Department Staff Report 807 N. Myrtle / Accessory Dwelling Unit - Special Use Permit Page 2 of 5 Property History The subject property was annexed into the City in 1954 (Ordinance #54-A1). The current home was constructed during 2006 and 2007. The accessory structure proposed for conversion to this accessory dwelling unit was constructed in two parts: a 280 square foot portion built in 2000, and a 400 square foot portion built in 2007. See the pictures below, provided by the applicant. Planning Department Staff Report 807 N. Myrtle / Accessory Dwelling Unit - Special Use Permit Page 3 of 5 Building permits were issued for both portions. As noted, at the time of construction, water, wastewater, and electric utilities were not extended to this accessory structure, but the owner built them in a manner (internal walls, a door entrance) that could be converted to a living space in the future. Utilities Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that there is adequate capacity to serve this property for the accessory dwelling unit utilizing the existing utility connections for the property. No new utility meters (which equate to billing accounts) will be installed, in keeping with the ‘non-rental’ aspect of this dwelling unit. Future Application(s) Building permits for construction will be required if this SUP is approved. Staff Analysis Section 5.02.020 (B.) contains several standards and limitations specific to this proposed use: • 5.02.020 (B.)(1.) requires that an accessory dwelling unit be subordinate to the primary dwelling unit, and not exceed 25% of its size. At approximately 640 SF (per the Building Permit records), the existing structure is 25% of the approximately 2,500 SF (per the Building Permit records) primary dwelling unit. • 5.02.020 (B.)(2.) requires that a condition prohibiting the use of the accessory dwelling unit for rental purposes be included; this standing condition will be included in the Ordinance document that City Council will consider and may ultimately adopt. Planning Department Staff Report 807 N. Myrtle / Accessory Dwelling Unit - Special Use Permit Page 4 of 5 Staff Recommendation: The requirement for a Special Use Permit is to determine if there will be any negative impacts on neighborhing properties. The conversion of the existing structure, from a storage building and workshop to an accessory dwelling unit, will have no greater impacts on the property or those surrounding it. Having a City park beyond the rear property line, where the current structure is closely located to, greatly limits any potential impacts on private property. Additionally, in this location, the parkland consists of a bermed green space, then Stadium Drive, and the former high school stadium field that may redeveloped in the future to a park amenity. Through the above analysis, staff is supportive of the request and recommends approval based on the request fully meeting the applicable criteria (below) listed in Section 3.07.030(C.): C. In addition to the criteria for zoning changes in Section 3.06.020, the City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may consider the following criteria in its review: 1. The proposed use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. 2. The proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surrounding area. 3. The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately provide services. 4. The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. Staff is supportive of the proposed request for a Special Use Permit for all of the reasons stated. As a Condition for the approval of this request, the applicant shall be prohibited from using the accessory dwelling unit for any form of rental purposes, and shall only be used for personal use. Public Comments A total of 13 notices were sent out to property owners within 200 feet of the proposed Special Use Permit. Public notice was posted in the Sun newspaper on November 17, 2013. As of the writing of this report, no comments have been received. Planning Department Staff Report 807 N. Myrtle / Accessory Dwelling Unit - Special Use Permit Page 5 of 5 Inter Departmental, Governmental and Agency Comments None. Special Considerations None. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map (2013) Meetings Schedule December 3, 2013 – Planning and Zoning Commission January 14, 2014 – City Council First Reading January 28, 2014 – City Council Second Reading E MORROW ST E S P R I N G S T E V A L L E Y S T S T A D I U M D R N AUSTIN AVE N C H U R C H S T N M Y R T L E S T SUP-2013-004 SUP-2013-004Exhibit #1 Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 200 400Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ ")971 §¨¦35 EMorrow St Site City Lim its Street Site ³ S T A D I U M D R E MORROW ST N C H U R C H S T N M Y R T L E S T N AUSTIN AVE E S P R I N G S T E VA L L E Y S T SUP-2013-004 0 200 400 Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Future Land Use / Overall Transportation Plan Exhibit #2SUP-2013-004 Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMIA Future Land Use Institutional Regional Com mercial Community Com mercial Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Com munity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential PMA PR §¨¦35 N Aust in Ave N Co l lege St Site ³City Lim its Street Site Willia m s Dr SUP-2013-004 E S P R I N G ST N AUSTIN AVE N M Y R T L E S T N C H U R C H S T S T A D I U M D R 0 200 400 Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ SUP-2013-004Zoning Information Exhibit #3 §¨¦35 N Austin Ave ³City Limits Street Site Site NCollegeSt Willia m s Dr SUP-2013-004 E MORROW ST E S P R I N G S T N AUSTIN AVE E VA L L E Y S T N C H U R C H S T N M Y R T L E S T S T A D I U M D R LegendSiteParcelsCity LimitsGeorgetown ETJ Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 200 400Feet Exhibit #4SUP-2013-004 §¨¦35 Site City Lim its Street Site ³ NAustinAve NCollegeSt City of Georgetown, Texas SUBJECT: Public Hearing and possible action on a Special Use Permit for Dennis P. McCoy Subdivision, Block A, Lots 1-4 and Block B, Lots 1-3, dba Mac Haik Dodge to allow an automotive use in a General Commercial (C-3) District, located at 5255 IH 35 and 107 Fox Drive. SUP-2013-005 (Carla Benton) ITEM SUMMARY: Background: The applicant has requested a Special Use Permit for 12.89 acres in the Francis A. Hudson Survey for the expansion of the Mac Haik Dodge dealership. The proposed facility will: 1. Modify the existing buildings to provide a new showroom, lube and service bay. 2. Add a car-wash, detail bay and inventory parking to the undeveloped portion of the property. Public Comments: No written comments have been received as of the writing of the report. Special Considerations: None. Recommended Motion: Approval of a Special Use Permit for Dennis P. McCoy Subdivision, Block A, Lots 1-4 and Block B, Lots 1-3, dba Mac Haik Dodge to allow an automotive use in a General Commercial (C-3) District, located at 5255 IH 35 and 107 Fox Drive. FINANCIAL IMPACT: None. The applicant has paid the required fees. SUBMITTED BY: Carla Benton ATTACHMENTS: Description Type Staff Report Cover Memo Location Map Backup Material Future Land Use Map Backup Material Zoning Map Backup Material Aerial Map Backup Material Georgetown Planning Department Staff Report Mac Haik Dodge - Special Use Permit Page 1 of 4 Report Date: November 18, 2013 File No: SUP-2013-005 Project Planner: Carla Benton, Planner Item Description Public Hearing and possible action on a Special Use Permit for Dennis P. McCoy Subdivision, Block A, Lots 1-4 and Block B, Lots 1-3, dba Mac Haik Dodge to allow an automotive use in a General Commercial (C-3) District, located at 5255 IH 35 and 107 Fox Drive. Staff Recommended Motion Approval of the request for a Special Use Permit for Dennis P. McCoy Subdivision, Block A, Lots 1-4 and Block B, Lots 1-3, dba Mac Haik Dodge to allow an automotive use in a General Commercial (C-3) District. Item Details Project Name: Mac Haik Dodge Location: 5255 IH 35 and 107 Fox Drive (See Exhibit 1) Total Acreage: 12.89 acres Legal Description: 12.89 acres in the Francis A. Hudson Survey Applicant: Richard Elsasser, Elsasser Architectural, Inc. Property Owner: W.O. Kelley Foundation Contact: Larry Neal, Larry Neal Architects Existing Use: Auto dealership and undeveloped lots Existing Zoning: General Commercial, C-3 Proposed Zoning: General Commercial, C-3 with a Special Use Permit Future Land Use: Community Commercial Growth Tier: Tier 1A Overview of Applicant’s Request The applicant has requested a Special Use Permit for 12.89 acres in the Francis A. Hudson Survey for the expansion of the Mac Haik Dodge dealership. The proposed facility will modify the existing buildings to provide a new showroom, lube and service bay. The undeveloped lots will provide a car-wash, detail bay and inventory parking. Per Table 5.04.010 of the UDC, an “Automotive Sales and Services” Use Category for Sales, Planning Department Staff Report Mac Haik Dodge - Special Use Permit Page 2 of 4 Rental or Leasing, is allowed in the C-3 zoning district, subject to approval of a Special Use Permit by the City Council. Site Information Location: This property is currently devleoped as Mac Haik Dodge dealership and two (2) undeveloped lots, located directly east of the existing dealership, on Fox Drive. (See Exhibit 1) Property History The City Council rezoned the subject property by Ordinance #870534.00A on November 24, 1987 to General Commercial (C-3) District. A Final Plat was approved by the City of Georgetown on March 11th, 1986. Site Plans were approved in 1999, 2002, 2003 and 2005. Utilities Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Future Application(s) The following applications will be required to be submitted: • Site Plan to be processedadministratively; and • Building permits for construction. Planning Department Staff Report Mac Haik Dodge - Special Use Permit Page 3 of 4 Staff Analysis Staff Recommendation and Basis: This application is being brought forward for a proposed expansion of Mac Haik Dodge. This facility will expand the existing buildings to provide a new showroom, lube and service bays. The undeveloped lots will provide a car-wash, detail bay and inventory parking. The requirement for a Special Use Permit is to determine appropriate locations for the automotive industry to ensure compatibility with surrounding uses and entries into the community. The proposed use is consistent with automotive uses in this area providing for the centralization of major automotive sales. The applicant is proposing to bring their existing development into greater compliance with City codes through this request for a Special Use Permit. Through the above analysis, staff is supportive of the request and recommends approval based on the request fully meeting the applicable criteria (below) listed in Section 3.07.030(C.): C. In addition to the criteria for zoning changes in Section 3.06.020, the City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may consider the following criteria in its review: 1. The proposed use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. 3. The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately provide services. 4. The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. Staff is supportive of the proposed request for a Special Use Permit for all of the reasons stated. Inter Departmental, Governmental and Agency Comments None Public Comments A total of 2 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on November 17th, 2013. As of the writing of Planning Department Staff Report Mac Haik Dodge - Special Use Permit Page 4 of 4 this report, no comments have been received. Special Considerations None Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map (2013) Meetings Schedule December 3, 2013 – Planning and Zoning Commission January 14, 2014 – City Council First Reading January 28, 2014 – City Council Second Reading CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N Georgetown ETJ G e o r g e t o w n E T J G e o r g e t o w n E T J Georgetown ETJ ENTR 257 NB S IH 35 FWY NB S IH 35 NB F O X D R SIH35SB S IH 35 FWY SB SUP-2013-005 SUP-2013-005Exhibit #1 Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 500 1,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ §¨¦35 W e s ti n g h o u s e R d Site City Lim its Street Site ³ CITY OF GEORGETOWN CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J SIH35FWYNB EXIT 258 NB S IH 35 NB C O U R T N E Y D R S I E R R A W A Y S T F O X D R S IH 35 SB S IH 35 FWY SB SUP-2013-005 0 500 1,000 Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Future Land Use / Overall Transportation Plan Exhibit #2SUP-2013-005 Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMIA Future Land Use Institutional Regional Com mercial Community Com mercial Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Com munity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential PMA PR W e s ti n g h o u s e R d§¨¦35 Site ³City Lim its Street Site CITY OF GEORGETOWN CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N SUP-2013-005 ENTR 257 NB S IH 35 NB F O X D R S IH 35 FWY NB S IH 35 SB S IH 35 FWY SB 0 500 1,000Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ SUP-2013-005Zoning Information Exhibit #3 W e s ti n g h o u s e R d§¨¦35 ³City Limits Street Site Site SUP-2013-005 ENTR 257 NB S IH 35 FWY NB EXIT 258 NB S IH 35 NB C O U R T N E Y D R S I E R R A W A Y S T F O X D R S IH 35 SB S IH 35 FWY SB LegendSiteParcelsCity LimitsGeorgetown ETJ Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 500 1,000Feet Exhibit #4SUP-2013-005 W e s ti n g h o u s e R d §¨¦35 Site City Lim its Street Site ³ City of Georgetown, Texas SUBJECT: Public Hearing and possible action on a Rezoning of Chaparro Estates, Block B, Lot 28 Resubdivision, from Agriculture (AG) District to Residential Single-family (RS) District, located at 211 Sedro Trail. REZ-2013-018 (Carla Benton) ITEM SUMMARY: This item has been moved to the December 17th, 2013 Planning and Zoning agenda. FINANCIAL IMPACT: SUBMITTED BY: City of Georgetown, Texas SUBJECT: Public Hearing and possible action on a Rezoning of Chapriel Place, Lot 1-A, located at 4889 Williams Drive, from the Office (OF) District to the Local Commercial (C-1) District -- Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director (action required) ITEM SUMMARY: Background: The applicant seeks to rezone the property from the Office District (OF) to the Local Commercial District (C-1). The existing Office (OF) zoning was approved in 2012 (Ordinance 2012-27, processed as application REZ-2012-003), when it was rezoned from Agriculture (AG) to Office. The property was annexed into the City in 1995 (Ordinance 95-12), and most recently subdivided per City application PFP- 2010-001. Public Comment: A total of eighteen (18) notices were sent out to the owners of property within 200 feet of the subject property. Public notice was posted in the Williamson County Sun newspaper on November 17, 2013. As of the day of this report, no written comments have been submitted. Recommendation Motion: Recommend to the City Council approval of the Rezoning of Chapriel Place, Lot 1-A, located at 4889 Williams Drive, from the Office (OF) District to the Local Commercial (C-1) District. FINANCIAL IMPACT: None. The required application fee has been paid. SUBMITTED BY: Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director ATTACHMENTS: Description Type Staff Report Cover Memo Exhibit 1 - Location Map Backup Material Exhibit 2 - Future Lane Use/Transportation Backup Material Exhibit 3 - Zoning Backup Material Exhibit 4 - Aerial (2013) Backup Material Georgetown Planning Department Staff Report Chapriel Place, Lot 1-A Rezoning Page 1 of 5 Report Date: November 27, 2013 File No: REZ-2013-017 Project Planner: Mike Elabarger, Senior Planner Item Details Project Name: Emerald Cottages (4889 Williams Drive) Location: 4889 Williams Drive (See Exhibit 1) Total Acreage: 6.75 Acres Legal Description: Chapriel Place, Lot 1-A Applicant: David Coombs, P.E. Property Owner: Bradley Cockrum Contact: David Coombs, P.E. Existing Use: Vacant Existing Zoning: Office District (OF) per Ordinance 2012-27 adopted 05/08/12 Proposed Zoning: Local Commercial District (C-1) Future Land Use: Low Density Residential (LDR) Growth Tier: Tier 1A (Developed/Re-developing Growth Area) Overview of Applicant’s Request The applicant seeks to rezone the property from the Office District (OF) to Local Commercial District (C-1) according to the Unified Development Code (UDC). Site Information Property History: The property was annexed into the City in 1995 per Ordinance 95-12. This lot was platted as Chapriel Place, Lot 1-A, in 2012 (per City application PFP-2010-001). The existing Office (OF) zoning was approved in 2012 (Ordinance 2012-27, processed as application REZ-2012-003), when it was rezoned from Agriculture (AG) to Office. The property was annexed into the City in 1995 (Ordinance 95-12). Details on the subdivision and zoning are provided further in this report. Physical Characteristics / Location / Surrounding Properties: The lot is undeveloped and essentially flat, with a large amount of trees (Cedars and/or Live Oaks) that will require a tree survey when developed. The property has approximately 150 feet of frontage on Williams Drive, but expands behind the property developed as The Legacy assisted living facility (4909 Williams Drive). The lot also abuts portions of five lots (that front on Red Poppy Trail) within the Sun City Neighborhood 10, as well as an eight acre lot (zoned AG) in the Chapparo Estates subdivision. See the chart below and Exhibits 1, 3 & 4 at the end of this report. Planning Department Staff Report Chapriel Place, Lot 1-A Rezoning Page 2 of 5 Utilities All areas of the City and ETJ are placed within a Growth Tier policy category that identifies where to stage contiguous, compact, and incremental growth over a period of the next two decades or more. These Tiers dictate where the delivery of municipal services may be focused, and thus, where growth is desired. This property is in Tier 1A, which comprises areas within the current city limits where some infrastructure systems are in place, can be economically provided and/or will be proactively extended, and where consolidation of the city’s development pattern is encouraged over the next 10 years through the City’s Capital Improvement Program (CIP). Electric is provided by Pedernales Electric Cooperative (PEC). The site is served with water by the Chisholm Trail Special Utility District (CTSUD); fireflow at fire hydrants is provided by the City. During the process of creating the Chapriel Place subdivision (PFP-2010-001), the property owners subject to that plat built a public wastewater force main, served by a private lift station, to connect to the City’s wastewater system, guaranteeing wastewater allocations for each lot in the plat. Those owners understand and accept that Living Unit Equivalents (LUE’s) limitations exist as they were established during the platting process, and that some proposed uses (or intensities of those uses) may exceed those limitations and thus be undevelopable. Such consideration will be vetted as each proposed use comes forth for Site Plan review. Transportation As noted, the property has approximately 150 of frontage on Williams Drive, but does not front on any other streets (current or future); see Exhibit 4, Aerial Map. The Chapriel Place subdivision plat established vehicular access points to ensure proper spacing of driveways once development occurs; thirty foot (30’) Joint Access Easements lie on the property line between Lots 1-A and 2-A, and in the middle of Lot 3-A. According to the applicant, the development they intend to build would create a cross-access easement on the common property boundary with The Legacy development (4909 Williams Drive, WD Ischy Replat, Lot 2A) in order to facilitate vehicular access between the two developments. This would alleviate vehicles from the subject lot having to enter Williams Drive to access an adjacent property; this Location Zoning Future Land Use Existing Use North RS – Residential Single- family and AG - Agriculture Moderate Density Residential (MDR) and Low Density Residential (LDR) Residential/Vacant East OF - Office Low Density Residential (LDR) Vacant South C-1 – Local Commercial (across Williams Dr.) Mixed Use Community (MUC) (across Williams Drive) Vacant West C-3 – General Commercial and RS – Residential Single-family Moderate Density Residential (MDR) Residential / Assisted Living Planning Department Staff Report Chapriel Place, Lot 1-A Rezoning Page 3 of 5 is always a consideration on roadways like Williams Drive where there are many small properties – each with the right to have a driveway - that do not have the prescribed amount of distance separation between them (425’ on a 50-MPH posted speed roadway). Means to eliminate trips from entering Williams Drive is a positive development aspect. 2030 Comprehensive Plan The property is designated the Future Land Use category of Low Density Residential (LDR), which can support complementary non-residential uses along arterial roadways (Williams Drive) as described below: The existing Office District zoning permits most, if not all, of these generalized use categories. The proposed Local Commercial District would also allow these types of uses, but allows some other uses that could be more intense, such as fuel sales designed in a limited fashion. As shown in Exhibit 2, this land use category covers the area of the Sedro Trail neighborhood, but is ‘surrounded’ on three sides by Moderate Density Residential that covers the Sun City, Heritage Oaks, and Georgetown Village neighborhoods. Essentially, this land use category is reflective of the Chapparo Estates subdivision created in 1980, and not the current status of those original 28 lots, many of which have been resubdivided (ie, there are now more, and smaller, lots than originally platted) and/or incorporated into the City and entitled with non- residential zoning. Existing Zoning District The existing zoning of Office occurred in 2012, when it was rezoned from the Agriculture (AG ) District to the Office (OF) District with a unanimous vote of approval by City Council. That request was supported by staff, and unanimously recommended by the Planning and Zoning Commission to City Council. At the Planning and Zoning Commission public hearing, two (2) residents spoke with concerns regarding details of any eventual development, and not about the proposed district or specific uses. Planning Department Staff Report Chapriel Place, Lot 1-A Rezoning Page 4 of 5 Proposed Zoning District The proposed Local Commercial (C-1) District is described in the UDC as: The Local Commercial District (C-1) is intended to provide areas for commercial and retail activities that primarily serve residential areas. Uses should have pedestrian access to adjacent and nearby residential areas, but are not appropriate along residential streets or residential collectors. The District is more appropriate along major and minor thoroughfares and corridors. Section 7.03.020 of the UDC contains the lot and dimensional standards that will govern development in this District. In particular, building height is capped at 35’, and impervious coverage limitations of between 55 and 70% would apply. Subdivision History The property legal description is Chapriel Place, Lot 1-A, per a Preliminary/Final subdivision plat (City application number PFP-2010-001) recorded on October 19, 2012 as Document #2012087226. This lot, 6.810 acres, was platted to have vehicular access per Note #6, whereby the aforementioned 30’ joint access easement at the property boundary with Lot 2-A will provide access to Williams Drive. The plat also establishes cross access easements between Lots 1-A, 2-A, 3-A, and 5-A. This lot was originally created, at 6.810 acres, in the Chaparro Estates subdivision that was recorded on February 25, 1980 (Cabinet D/Slide 276-8), subject to a series of plat notes governing future subdivision and use. Future Application(s) If approved, the property will be limited to the permitted uses and subject to the regulations in Chapter 5 of the UDC for the Local Commercial (C-1) District. Non-residential development requires Site Plan and Construction Plan application approvals, followed by Building Permits for construction. Staff Analysis Staff reviewed and analyzed this application for the C-1 District according to the following criteria, resulting in a position of support for the application: Surrounding Land Use and Zoning The immediate properties to the west (Legacy, C-3) and south (Gatlin Creek, C-1 PUD) are zoned, planned for, and/or developed with commercial uses. The two properties to the east are also under consideration for rezoning to the Local Commercial District (see REZ-2013-020). The five Sun City Neighborhood 10 lots that back up to the property share approximately 450’ of property line. When C-1 zoning is adjacent the Residential Single-family (RS) zoning district, a Medium Level Bufferyard consisting of a 15’ wide planting area with one (1) shade tree and four (4) evergreen shrubs per fifty linear feet (50’) is required. Utilities As noted, the properties subject to the Chapriel Place subdivision did utility improvement to serve their future needs. Such utility capacities and entitlements will be thoroughly reviewed with each development application as they come forward. Planning Department Staff Report Chapriel Place, Lot 1-A Rezoning Page 5 of 5 Findings for Approval The rezoning request is supported by Staff for the following reasons: 1. Future Land Use Map – The property is within the Low Density Residential (LDR) land use category, but fronting on an arterial roadway, where non-residential uses of the type and scale permitted in the Local Commercial district are appropriate in most instances. 2. Adjacent Zoning Districts – The surrounding zoning west, south, and east is non- residential. The proposed C-1 zoning up -zones this lot essentially two steps - Neighborhood Commerical, CN, would be in between OF and C-1 in a general sesnse of the intensity of permitted uses in each district. 3. Surrounding Uses – Though much of the land adjacent is undeveloped, the Legacy assisted living and a real estate agency recently opened to the west. Further west, a Walgreens opened in 2013 at the Village Gate at Sun City development at Del Webb Boulevard. To the east, at Penny Lane, a 10,000 SF office building for Georgetown Mortgage Company was recently completed, with more development already approved on that site. Williams Drive will continue to develop with retail, office, service, and ‘elder care’ types of uses at the rate that utility capacities/development will allow. NOTE: Though done in the past, the City no longer considers or approves the “conditional” rezoning of properties, and therefore, cannot rezone the property for any specific use(s), or concept plan, presented by an applicant. Likewise, no specific development features such as distance buffers, walls, or additional landscaping can be associated with, or tied to, this rezoning decision. Staff must consider the impact of all the permitted uses in the requested Local Commercial (C-1) district – and the associated standards of development within the UDC for those uses - when evaluating a rezoning request. Public Comments A total of eighteen (18) notices were sent out to the owners of property within 200 feet of the subject property. Public notice was posted in the Williamson County Sun newspaper on November 17, 2013. As of the day of this report, no written comments have been submitted. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use / Overall Transportation Plan Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Meetings Schedule December 3, 2013 – Planning and Zoning Commission January 14, 2014 – City Council First Reading (pending) January 28, 2014 – City Council Second Reading (pending) C I T Y O F G E O R G E T O W N CITYOFGEORGETOWN G e o r g e t o w n E T J A L P I N E C T DEWBERRY DR D A N D E L I O N D R O L D E O A K DR WILLIAMS DR VINCADR SEDROTRL R E D P O P P Y T R L REZ-2 013-017 REZ-2013-017Exhibit #1 Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 500 1,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Williams Dr Del W ebbBlvd. Site City Lim its Street Site ³ C I T Y O F G E O R G E T O W N CITY OFGEORGETOWN G e o r g e t o w n E T J VINCADR A L P I N E C T T H IS T L E T R L WILLIAMS DR COLUMBINE CT DEWBERRY DR D A N D E L I O N D R BLAZING STAR D R O L D E O A K D R LI A T R I S L N SEDROTRL R E D P O P P Y TRL RED POPPY TRL REZ-2 013-017 0 500 1,000Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Future Land Use / Overall Transportation Plan Exhibit #2REZ-2013-017 Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMIA Future Land Use Institutional Regional Com mercial Community Com mercial Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Com munity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential PMA PR Williams Dr Del W ebbBlvd Site ³City Lim its Street Site C I T Y O F G E O R G E T O W N CITYOFGEORGETOWN CITY OFGEORGETOWN REZ-2 013-017 A L P I N E C T L I A T R I S L NVINCA DR D A N D E L I O N D R DEWBERRY DR SEDRO TRL O L D E O A K D R R E D P O P P Y T R L WILLIAMS DR 0 500 1,000Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ REZ-2013-017Zoning Information Exhibit #3 Del W ebbBlvd ³City Limits Street Site Site Williams Drive REZ-2013-017 VINCA DR A L P I N E C T COLUMBINE CT R E D P O P P Y T R L DEWBERRY DR O L D E O A K D R WILLIAMS DR LI A T R I S L N BLAZING STAR DR D A N D E L I O N D R SEDRO TRL LegendSiteParcelsCity LimitsGeorgetown ETJ Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 500 1,000Feet Exhibit #4 REZ-2013-017 WilliamsDr Del WebbBlvd Site City Lim its Street Site ³ City of Georgetown, Texas SUBJECT: Public Hearing and possible action on a Rezoning of Chapriel Place, Lot 2-A and 3-A, located at 4877 & 4871 Williams Drive, from the Office (OF) District to the Local Commercial (C-1) District -- Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director (action required) ITEM SUMMARY: Background: The applicant seeks to rezone the properties from the Office District (OF) to the Local Commercial District (C-1). The existing Office (OF) zoning was approved in 2012 (Ordinance 2012-27, processed as application REZ-2012-003), when it was rezoned from Agriculture (AG) to Office. The properties were annexed into the City in 1995 (Ordinance 95-12), and most recently subdivided per City application PFP- 2010-001. Public Comment: A total of six (6) notices were sent out to the owners of property within 200 feet of the subject properties. Public notice was posted in the Williamson County Sun newspaper on November 17, 2013. As of the day of this report, no written comments have been submitted. Recommended Motion: Recommend to the City Council approval of the Rezoning of Chapriel Place, Lots 2-A and 3-A, located at 4877 & 4871 Williams Drive, from the Office (OF) District to the Local Commercial (C-1) District. FINANCIAL IMPACT: None. The required application fee has been paid. SUBMITTED BY: Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director ATTACHMENTS: Description Type Staff Report Cover Memo Exhibit 1 - Location Map Backup Material Exhibit 2 - Future Land Use/Transportation Backup Material Exhibit 2 - Zoning Backup Material Exhibit 4 - Aerial (2013) Backup Material Georgetown Planning Department Staff Report Chapriel Place, Lots 2-A & 3-A Rezoning Page 1 of 5 Report Date: November 27, 2013 File No: REZ-2013-020 Project Planner: Mike Elabarger, Senior Planner Item Details Project Name: Chapriel Place Lots 2-A & 3-A (4877 & 4871 Williams Drive, respectively) Location: 4877 & 4871 Williams Drive (See Exhibit 1) Total Acreage: 9.55 Acres Legal Description: Chapriel Place, Lot 2-A and 3-A Applicant: Bill Nations Property Owner: Chapriel Place, Lot 2-A – Steven Faught Chapriel Place, Lot 3-A – Bill Nations & MLL Horizon Investments LLC Contact: Bill Nations Existing Use: Vacant Existing Zoning: Office District (OF) per Ordinance 2012-27 adopted 05/08/12 Proposed Zoning: Local Commercial District (C-1) Future Land Use: Low Density Residential (LDR) Growth Tier: Tier 1A (Developed/Re-developing Growth Area) Overview of Applicant’s Request The applicant seeks to rezone the properties from the Office District (OF) to Local Commercial District (C-1) according to the Unified Development Code (UDC). Site Information Property History: The properties were originally platted in 1980 as part of the Chaparro Estate residential subdivision. The lots were replatted as Lots 2-A and 3-A of Chapriel Place in 2012 (per City application PFP-2010-001). The properties were annexed into the City in 1995 per Ordinance 95-12, and given the Agriculture (AG) zoning district. The existing Office (OF) zoning was approved in 2012 (Ordinance 2012-27, processed as application REZ-2012-003), when it was rezoned from Agriculture (AG) to Office. Details on the subdivision and zoning are provided further in this report. Physical Characteristics / Location / Surrounding Properties: The lots are undeveloped and essentially flat, with a fair amount of trees (likely Cedars and/or Live Oaks); a tree survey may be required when developed. The properties have approxiamtely 670 feet of frontage on Williams Drive between them. The lots abut an eight- acre lot that fronts on Sedro Trail, and sit between Lots 1-A of Chapriel Place (to the west) and Lot 5-A of Chapriel Place and Lot 4 of Chaparro Estates to the east. See the chart below and Exhibits 1, 3 & 4 at the end of this report. Planning Department Staff Report Chapriel Place, Lots 2-A & 3-A Rezoning Page 2 of 5 Utilities All areas of the City and ETJ are placed within a Growth Tier policy category that identifies where to stage contiguous, compact, and incremental growth over a period of the next two decades or more. These Tiers dictate where the delivery of municipal services may be focused, and thus, where growth is desired. This property is in Tier 1A, which comprises areas within the current city limits where some infrastructure systems are in place, can be economically provided and/or will be proactively extended, and where consolidation of the city’s development pattern is encouraged over the next 10 years through the City’s Capital Improvement Program (CIP). Electric is provided by Pedernales Electric Cooperative (PEC). The site is served with water by the Chisholm Trail Special Utility District (CTSUD); fireflow at fire hydrants is provided by the City. During the process of creating the Chapriel Place subdivision (PFP-2010-001), the property owners subject to that plat built a public wastewater force main, served by a private lift station, to connect to the City’s wastewater system, guaranteeing wastewater allocations for each lot in the plat. Those owners understand and accept that Living Unit Equivalents (LUE’s) limitations exist as they were established during the platting process, and that some proposed uses (or intensities of those uses) may exceed those limitations and thus be undevelopable. Such consideration will be vetted as each proposed use comes forth for Site Plan review. Transportation As noted, the properties have approximately 670 of frontage on Williams Drive, but do not front on any other streets (current or future); see Exhibit 4, Aerial Map. The Chapriel Place subdivision plat established vehicular access points to ensure proper spacing of driveways once development occurs; thirty foot (30’) Joint Access Easements lie on the property line between Lots 1-A and 2-A, and in the middle of Lot 3-A for access to Williams Drive. The plat also establishes cross access easements between Lots 1-A, 2-A, 3-A, and 5-A; such interparcel connections allow vehicles from the subject lots to have to enter Williams Drive to access an adjacent property. This is always a consideration on roadways like Williams Drive where there are many small properties – each with the right to have a driveway - that do not have the prescribed amount of distance separation between them (425’ on a 50-MPH posted speed roadway). Means to eliminate trips from entering Williams Drive is a positive development aspect. Location Zoning Future Land Use Existing Use North AG - Agriculture Low Density Residential (LDR) Residential/Vacant East OF - Office Low Density Residential (LDR) Single-family residential South C-1 – Local Commercial (across Williams Dr.) Mixed Use Community (MUC) (across Williams Drive) Vacant West OF - Office Low Density Residential (LDR) Vacant Planning Department Staff Report Chapriel Place, Lots 2-A & 3-A Rezoning Page 3 of 5 2030 Comprehensive Plan The properties are designated with the Future Land Use category of Low Density Residential (LDR), which can support complementary non-residential uses along arterial roadways (Williams Drive) as described below: The existing Office District zoning permits most, if not all, of these generalized use categories. The proposed Local Commercial (C-1) District would also allow these types of uses, but permits some other uses that could be more intense, such as fuel sales designed in a limited fashion. As shown in Exhibit 2, this land use category covers the area of the Sedro Trail neighborhood, but is ‘surrounded’ by Moderate Density Residential that covers the Sun City, Heritage Oaks, and Georgetown Village neighborhoods on three sides. Essentially, this land use category is reflective of the Chaparro Estates subdivision created in 1980, and not the current status of those original 28 lots, many of which have been resubdivided and/or incorporated into the City and entitled with non-residential zoning. Existing Zoning District The existing zoning of Office occurred in 2012, when it was rezoned from the Agriculture (AG ) District to the Office (OF) District with a unanimous vote of approval by City Council. That request was supported by staff, and unanimously recommended by the Planning and Zoning Commission to City Council. At the Planning and Zoning Commission public hearing, two (2) residents spoke with concerns regarding details of any eventual development, and not about the proposed district or specific uses. Proposed Zoning District The applicant seeks to rezone the properties to the Local Commercial (C-1) District, which is described in the Unified Development Code (UDC) as: The Local Commercial District (C-1) is intended to provide areas for commercial and retail activities that primarily serve residential areas. Uses should have pedestrian access to adjacent and nearby residential areas, but are not appropriate along residential streets or residential collectors. The District is more appropriate along major and minor thoroughfares and corridors. Planning Department Staff Report Chapriel Place, Lots 2-A & 3-A Rezoning Page 4 of 5 Section 7.03.020 of the UDC contains the lot and dimensional standards that will govern development in this District. In particular, building height is capped at 35’, and impervious coverage limitations of between 55 and 70% would apply. Subdivision History The properties legal descriptions are Chapriel Place, Lot 2-A and Chapriel Place, Lot 3-A, per a Preliminary/Final subdivision plat (City application number PFP-2010-001) recorded on October 19, 2012 as Document #2012087226. Lot 2-A, 4.77 acres, was platted to have vehicular access per Note #6 of Sheet 1, whereby the aforementioned 30’ joint access easement at the property boundary with Lot 1-A will provide access to Williams Drive, and cross access easements exist between Lots 1-A, 2-A, 3-A, and 5-A. Lot 3-A, 4.78 acres, was platted to have a 30’ joint access easement in the center of the properties frontage on Williams Drive, and also be subject to that Note #6. Per the Chaparro Estates subdivision that was recorded on February 25, 1980 (Cabinet D/Slide 276-8), these lots were created as Lots 2 (now 2-A) and 3 (now 3-A), both at 5.00 acres. Note #1 of this plat restricted use to single-family residential dwellings. Chapriel Place, in Note #5 of Sheet 1, revised that restriction to base usage of lots to “be established by City Code”. Future Application(s) If approved, the properties will be limited to the permitted uses and subject to the regulations in Chapter 5 of the UDC for the Local Commercial (C-1) District. Non-residential development requires Site Plan and Construction Plan application approvals, followed by Building Permits for construction. Staff Analysis Staff reviewed and analyzed this application for the C-1 District according to the following criteria, resulting in a position of support for the application: Surrounding Land Use and Zoning Properties to the west (Legacy, C-3) and south (Gatlin Creek, C-1 PUD) are zoned, planned for, and/or developed with commercial uses. Chapriel Place Lot 1-A, to the west, is also under consideration for rezoning to the Local Commercial District (see REZ-2013-017). When C-1 zoning is adjacent the Agriculture (AG) zoning district [211 Sedro Trail, Chaparro Estates Resubdivision of Lot 28, Lot A, 8.0 acres], a Medium Level Bufferyard consisting of a 15’ wide planting area with one (1) shade tree and four (4) evergreen shrubs per fifty linear feet (50’) is required. Utilities As noted, the properties subject to the Chapriel Place subdivision did utility improvements to serve their future needs. Such utility capacities and entitlements will be thoroughly reviewed with each development application as they come forward. Planning Department Staff Report Chapriel Place, Lots 2-A & 3-A Rezoning Page 5 of 5 Findings for Approval The rezoning request is supported by Staff for the following reasons: 1. Future Land Use Map – The properties are within the Low Density Residential (LDR) land use category, but front on an arterial roadway, where non-residential uses of the type and scale permitted in the Local Commercial district are appropriate in most instances. 2. Adjacent Zoning Districts – The surrounding zoning west, south, and east is non- residential. The proposed C-1 district up -zones these lots essentially two steps - Neighborhood Commerical, CN, would be in between OF and C-1 in a general sense of the intensity of permitted uses in each district. 3. Surrounding Uses – Though much of the land adjacent is undeveloped, the Legacy assisted living and a real estate agency recently opened to the west. Further west, a Walgreens opened in 2013 at the Village Gate at Sun City development at Del Webb Boulevard. To the east, at Penny Lane, a 10,000 SF office building for Georgetown Mortgage Company was recently completed, with more development already approved on that site. Williams Drive will continue to develop with retail, office, service, and ‘elder care’ types of uses at the rate that utility capacities/development will allow. NOTE: Though done in the past, the City no longer considers or approves the “conditional” rezoning of properties, and therefore, cannot rezone the property for any specific use(s), or concept plan, presented by an applicant. Likewise, no specific development features such as distance buffers, walls, or additional landscaping can be associated with, or tied to, this rezoning decision. Staff must consider the impact of all the permitted uses in the requested Local Commercial (C-1) district – and the associated standards of development within the UDC for those uses - when evaluating a rezoning request. Public Comments A total of six (6) notices were sent out to the owners of property within 200 feet of the subject properties. Public notice was posted in the Williamson County Sun newspaper on November 17, 2013. As of the day of this report, no written comments have been submitted. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use / Overall Transportation Plan Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Meetings Schedule December 3, 2013 – Planning and Zoning Commission January 14, 2014 – City Council First Reading (pending) January 28, 2014 – City Council Second Reading (pending) C I T Y O F G E O R G E T O W N CITYOFGEORGETOWN CITY OFGEORGETOWN G e o r g e t o w n E T J Georgetown ETJ WILLIAMS DR A L P I N E C T SEDROTRL D A N D E L I O N D R VINCA D R O L D E O A K D R R E D P O P P Y T R L REZ-2013-020Exhibit #1 Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 500 1,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Williams Dr Del W e b b Blvd. Site City Lim its Street Site ³ REZ-2013-020 C I T Y O F G E O R G E T O W N CITYOFGEORGETOWN CITY OFGEORGETOWN G e o r g e t o w n E T J Georgetown ETJ A L P I N E C T VINCA DR L I A T R I S L N WILLIAMS DR DEWBERRY DR PENNY LN D A N D E L I O N D R SEDRO TRL R E D P O P P Y T R L RED POPPY TRL O L D E O A K D R 0 500 1,000Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Future Land Use / Overall Transportation Plan Exhibit #2REZ-2013-020 Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMIA Future Land Use Institutional Regional Com mercial Community Com mercial Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Com munity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential PMA PR Williams Dr Del W e bbBlvd Site ³City Lim its Street Site REZ-2013-020 C I T Y O F G E O R G E T O W N CITYOFGEORGETOWN CITY OFGEORGETOWN A L P I N E C T L I A T R I S L N PENNY LN SEDRO TRL D A N D E L I O N D R VINCA DR DEWBERRY DR O L D E O A K D R R E D P O P P Y T R L WILLIAMS DR 0 500 1,000Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ REZ-2013-020Zoning Information Exhibit #3 Del W e bbBlvd WilliamsDr ³City Limits Street Site Site Willia m s Dr REZ-2013-020 A L P I N E C T R E D P O P P Y T R L L I A T R I S L N WILLIAMS DR PENNY LN DEWBERRY DR SEDRO TRL VINCA DR D A N D E L I O N D R O L D E O A K D R LegendSiteParcelsCity LimitsGeorgetown ETJ Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 500 1,000Feet Exhibit #4 REZ-2013-020 WilliamsDr Del W e b bBlvd Site City Lim its Street Site ³ REZ-2013-020 City of Georgetown, Texas SUBJECT: Discussion Items: Invitation to attend a neighborhood meeting on the Williams Drive Special Area Plan Overlay District on December 5, 2013. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Commissioner Rankin) Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. Reminder of the December 17, 2013, Planning and Zoning Commission meeting. ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: City of Georgetown, Texas SUBJECT: Meeting Adjourn ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: