HomeMy WebLinkAboutMinutes_P&Z_12.04.2018City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, December 4, 2018 at 6:00 p.m. Courts and Council Building, located at 101 E 7h Street Georgetown, TX 78626 Commissioners present: Tim Bargainer, Vice -Chair; Ercel Brashear; Roger Chappell, Alternate; John Marler; Gary Newman; Travis Perthuis, Alternate; Josh Schroeder, Chair; and Ben Stewart. Absent: Kayla McCord Staff Present: Chelsea Irby, Senior Planner; Andreina Davila -Quintero, Current Planning Manager; Madison Thomas, Historic and Downtown Planner; Seth Gipson, Business Analyst; Patrick Bauer, Planning Intern; Sofia Nelson, Planning Director; Nat Waggoner, Long Range Planning Manager; David Munk, Drainage Engineer; Stephanie McNickle, Planning Tech; Michael Petroski, Planner; Ethan Harwell, Planner; and Karen Frost, Recording Secretary. Chair Schroeder called the meeting to order at 6:00 p.m. Marler led the pledge of allegiance. 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. A. Consideration of the Minutes from the November 6, 2018 meeting. Karen Frost, Recording Secretary B. Consideration and possible action on a Preliminary Plat for the North Vista Ranch Subdivision, consisting of approximately 86.054 acres in the J. Northcross Survey, generally located at 2696 CR 255 (PP-2017-012). Chelsea Irby, Senior Planner Motion by Brashear, second by Marler to approve the consent agenda items. Approved 7 — 0. Legislative Regular Agenda Chair Schroeder recused himself for Item C. Chappell joined the dais. Bargainer sat as Chair. C. Public Hearing and possible action on a request to rezone approximately 7.173 acres in the David Wright Survey, Abstract No. 13, also being a portion of Lots 16 and 17, Block 1, San Gabriel Estates Subdivision, located at 916 and 930 Booty's Crossing Road, from the Agriculture (AG) to the Low Density Multi -Family (MF-1) zoning district (REZ-2018-022). Madison Thomas, AICP, Historic and Downtown Planner Thomas presented the staff report and findings. Commissioners asked clarifying questions. Brashear asked why one of the items is a partial complies. Madison and Davila explained that there are some requirements that might not be compliant under the requested zoning district. They also discussed number of units allowed and access points. A TIA would be triggered at Site Plan if this development will generate 2000 trips. Marler asked about future development of Booty's Crossing. David Munk, responded that the city does not have a timeframe for improvements, because it is dependent on developers and development. They are looking at current and future loads of the road. Intersections are the restrictions at this time and it is currently under review for improvements. Perthuis asks questions about consistency with the Planning & Zoning Commission Minutes Page 1 of 6 December 4, 2018 future land use plan and how this request is more than double the density. Bargainer asked the applicant to make his presentation. Matt Synatschk spoke and explained that the applicant was looking at 49 single-family residential units with six units per acre. They feel that lines up with the MF-1 standards. These units range from 1500 to 2200 square feet. He explained the problem they had with the lesser zoning districts is because they all require individually platted lots, including streets, The requested zoning district, MF-1 allows more diversity and the type of homes they want to build. Marler asked if this is an entry level home. Norm Ashby, the builder says that is not true. He says this is very similar to the Verde Vista units. They are upper end homes. These units will be $208 per square foot. Chappell asked why not request the RS district. Ashby explains the land is so expensive that they want to maximize the density to keep the price of the homes under $400K. The more units the better. The public improvements drive the cost up. Newman asked if this is a private road and gated. Ashby says it will need to be private and not gated. Brashear expressed concern that the promise to build single-family homes is not enough to satisfy the neighbors. Bargainer asked if there was a mechanism to restrict the development. Davila explains that the city cannot control CCR's but could work with a PUD. Bill Crider, 313 Ashwood Lane, not opposed to development or single-family development as long as similar to those in the area. This product is not similar, He is concerned about the deed restrictions idea because those can be changed. He is not in favor of MF zoning. He says there is risk of those in the area for this change. Lisa King, 3010 Hawthorne Cove, is concerned about the traffic on Booty's Crossing. She says it is labeled as a collector but cannot handle that defined load. Planned improvements are not scheduled until 5 —10 years out. She is concerned about the aggregate number of trips from all the new development on that road. Greg Carroll, 2701 Springwood Ln, speaks to the traffic and feels that all the development is causing additional traffic. If the MF-1 zoning district is approved, other developers will see that as an opportunity to get also on that road. This development will also cause stormwater runoff. Loyce Engle, 2701 Springwood Ln, asks the commissioners to comply with the comprehensive plan. The neighbors are very concerned about the traffic. No traffic study has been done. This is a one-way in, one-way out situation and is not safe. Rob Rothenberg, 2702 Springwood Ln, all others have covered the points, but lives across Booty's Crossing and does not want this zoning district approved in this location. Nell Bilberry,109 Oak Ridge Circle, concerned also about the traffic. She reminds them that Booty's Crossing is a dead-end street into the dam and that if there is an accident that causes the road to be closed down, there will be no emergency vehicle access to the other neighborhoods. This is a two-lane road with no shoulder and it is not big enough to handle the traffic. Barbara Anthony, 2714 Springwood Ln, one of the houses directly impacted by this development and complains about the increasing traffic and the cumulative effect of the developments. Planning & Zoning Commission Minutes Page 2 of 6 December 4, 2018 Minda George,105 Oak Ridge Circle, moved in 1995 and has seen a lot of development since then. Booty's Crossing is only a two-lane road and she does not want this to be like California. If developed, would like this to be similar to other houses in the area. This development would fit better elsewhere. Josh Cofield, 119 Oak Ridge Circle, traffic, traffic, traffic, does not want MF-1 zoning. Tom Letizio,111 Oak Ridge Circle, received three additional minutes from wife Monique, concerned that the project does not get a TIA, which won't be required. Has an issue with stormwater run-off. It is currently an issue and will be concentrated even further with this development. The density would allow a rear set -back of 10 feet off his back fence and the height would be too high looking into his back yard. Joe Napolitano, 2726 Springwood Lane, house backs up to Booty's Crossing, loves neighborhood and will stand with neighbors and chose to be here tonight to fight for the neighborhood and against the traffic. John Trainer,107 Tortoise Ln, has lived in house more than 33 years. Has concerns about fire and how they are sitting ducks, like Camp Fire and Paradise, traffic is putting their lives in jeopardy. City needs to take responsibility for improvements on Booty's and protect the citizens. Chair Bargainer closed the Public Hearing with no more speakers coming form. Motion by Marler, that this application for rezoning of 916 and 930 Booty's Crossing be rejected entirely and urges Council to conduct a TIA in that area. Second by Chappell. Stewart agrees. Marler does not think the 4 out of 5 non-compliance items is acceptable. Perthuis cannot support this zoning district as is, but would consider another type of agreement to only allow this type of development. Brashear looks at not only the development request, and the neighbors' concerns, but also at the system that allows the developer to do this and he cannot support this rezoning application. He thinks a PUD would be easier to work with, but that still does not help the traffic issues and drainage deficiencies. Bargainer agrees and encourages the developer to work with the city and the neighbors. Vote approves the rejection, 7 — 0. Bargainer calls for a five minute recess. Schroeder came back. D. Public Hearing and possible action on a request to rezone approximately 0.30 acres out of Block No. 1 of the Snyder Addition, located at 1205 S Walnut Street and 703 E.13th Street, from the Office (OF) to Residential Single -Family (RS) zoning district (REZ-2018-023). Madison Thomas, AICP, Historic and Downtown Planner Madison Thomas presented the staff report and findings. Commissioners asked about future uses of properties that were already zoned commercial and the future buffers required. Madison explains that if the commercial property redevelops, and this is zoned RS, the commercial property owners would have to add a buffer. The applicant, Kent Steenken, says he spoke to the neighbors and they are in support of this Planning & Zoning commission Minutes Page 3 of 6 December 4, 2018 request. They are trying to sell this family property and have them sell as residential. Chair Schroeder opened the Public Hearing. William Harris, appreciates Mr. Steenken and supports him turning this back to residential property. Larry Olsen, 91h Street, is very supportive of moving this back to residential property. There is a push for that in the community and urges approval. Brashear moves to recommend approval to Council of rezoning .30 acres located at 1205 S Walnut Street and 703 E 131h Street. Second by Bargainer. Approved 7 — 0. E. Public Hearing and possible action on a request to rezone approximately 5.47 acres in the J. Fish Survey, from the Agriculture (AG) District to the Local Commercial (C-1) District, for the property generally located at 4809 Williams Drive (REZ-2018-024). Chelsea Irby, Senior Planner, and Patrick Bauer, Planning Intern Davila introduced Bauer, who then presented the staff report and findings. Chair Schroeder opened the Public Hearing. Eric Brubaker, neighbor who recommends approval, thinks this should have been a C-1 zoning district long ago. He is concerned about the light and noise. He wants the trees protected. And is concerned about drainage from Williams Drive. He would like to see some type of improvement required of the commercial development. Chair Schroeder closed the Public Hearing with no other speakers coming forth. Motion by Newman to recommend approval of this rezoning to Council, second by Brashear. Approved 7 — 0. F. Public Hearing and possible action on a request to rezone approximately 1.478 acres out of Block 8, Outlot Division D, Block 1, Rucker -Hodges Addition, and Block 1, Fleager Addition, also being out of the Clement Stubblefield Survey, Abstract No. 558, located at 1020 Railroad Avenue, from the Local Commercial (C-1) to the Residential Single -Family (RS) zoning district, to be known as Scenic River (REZ-2018-025). Chelsea Irby, Senior Planner Irby presented the staff report and findings. Chair Schroeder opened the public hearing. Juanita Dominguez, is concerned that the buildings will be moved from one area to another and will cause more traffic. She is concerned about the growth of Georgetown and the streets that will not handle the traffic. She doesn't want the city to become another Austin. Chair Schroeder closed the public hearing with no other speakers coming forth. Marler moves to recommend to Council approval for the rezoning of 1020 Railroad Avenue from C-1 to RS; as requested. Second by Stewart. Brashear thinks this has the potential to actually have less traffic. Schroeder is concerned that this downzoning will come back later and will cause future problems. Motion approved 7 — 0. Planning & Zoning Commission Minutes Page 4 of 6 December 4, 2018 G. Public Hearing and possible action on a request to rezone approximately 13.519 acres in the Antonio Flores Survey, Abstract No. 235, and the Nicholas Porter Survey, Abstract No. 497, located at 1010 Airport Road, from the Residential Single -Family (RS) zoning district to the General Commercial (C-3) zoning district, to be known as Fontana Development (REZ-2018-026). Chelsea Irby, Senior Planner Irby presented the staff report and findings. Tony Prete, the applicant engineer, explains this is an extension of the adjacent mixed use development. This will not be amending that PUD. Marlis Erikson, 813 Golden Oaks Road, directly across from the side of this property. This is an old, well -maintained subdivision. She is concerned about the new development that will be across the street. Randy Carroll, Shady Hollow Drive, also lives in the neighborhood and is concerned about the development, against C-3 zoning. The church alone has light pollution and parking issues. Chair Schroeder closed the Public Hearing with no other speakers coming forth. Motion by Brashear to recommend to Council the approval of the Rezoning application from RS to C-3 as requested. Second by Perthuis. Commissioners discussed. Brashear states this is challenging because it is near IH 35 and that is the zoning you should :rant in that area. Ma.,yrler holes at the circumstances surrounding that area and says this is difficult. The options of use are too many in C-3. Motion is approved 5 -2, Marler and Bargainer opposed. H. Public Hearing and possible action on an amendment to the Estrella Crossing Planned Unit Development (PUD) for approximately 5.89 acres (Lot 1 Block A of the Resubdivision of Estrella Crossing Commercial Subdivision), located at 4051 Williams Drive to amend the existing PUD for a project to be known as Resubdivision of Estrella Crossing Commercial (PUD-2018-008) Sofia Nelson, Planning Director Davila presents the staff report and findings. Staff finds the development is still consistent with the approval criteria for the PUD. Chair Schroeder opened the public hearing and closed it with no speakers coming forth. Motion by Bargainer to approve the amended PUD, second by Marler. Approved 7 — 0. I. Public hearing and possible action on proposed amendments to Chapter 3, Applications and Permits, Chapter 13, Infrastructure and Public Improvements, and Chapter 16, Definitions, of the Unified Development Code (UDC) regarding Development Agreements and Special Districts (Amendment No. 8). Seth Gipson, Management Analyst and Andreina Davila -Quintero, AICP, Current Planning Manager Davila explained the proposed changes to the UDC in regards to MUDS and Development Agreements, making it consistent with the newly adopted policies. Gipson presented the definition of MUDs and background of the M`tJD policy. He explained the purpose of the MUD Policy Update. Commissioners discussed the difference between in -city and out -of -city MUDs and associated fees. Davila presented the proposed changes. Planning & Zoning Commission Minutes Page 5 of 6 December 4, 2018 Brashear confirms this is Council driven and approved. Davila confirms that the commission Motion by Marler to recommend to Council acceptance of UDC Amendment No. 8 as presented. Second by Perthuis. Approved 7 — 0. Presentation and discussion of the City's 2030 Comprehensive Plan Goal Development Process. Nat Waggoner AICP, PMP, Long Range Planning Manager Waggoner explains the public engagement process so far and the results from those public meetings, surveys and comments. He asked Commissioners to review previous goals (2008). Looking at these goals, apply ideas and knowledge that you have and the changes that have occurred. There will be a joint meeting with Council on January 101h (projected). Brashear talks to the question of what Georgetown looks like in 2030. He is concerned that the desire to keep Georgetown a small town is unrealistic. The Transportation issue is a constant and there are no solutions because the costs push the development out further which increases traffic. He says the actions of the city do not support the indicated desires. Nelson asks them to consider the items where P&Z and Council have not agreed, or been in conflict with each other. Staff will prepare an informational packet for the conversation. K. Updates, commissioner questions and comments. Sofia Nelson, Planning Director Nelson introduced the two new planners, Ethan Harwell and Michael Petroski. Adjournment Motion by Brashear, second by Marler to adjourn at 9:00 pm. Josh Schroeder, Chair ttest, E __'_ " ___' ___r Planning & Zoning Commission Minutes Page 6 of 6 December 4, 2018 Council i Board i Commission: 4-2— Meeting Date: t2��f %f Agenda h-cm-Narnk-r STATE OF TEXAS COUNTY OF ` ILLIAMSON CONFLICT OF INTEREST AFFIDAVIT reside at I. /Ps �� I am a member of the (City Council, City Board, Committee o 'ommission) of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: 1, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 220 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2 20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. 9 have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity or a person related to me in the first or second degree have an ownership of 10% or more of the fair market value of the business entity or have an ownership of $15,000 or more of the fair market value of the business entity. I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" i or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. A City official may not take any official action that the official knows is likely to affect the substantial economic interests of • the City official's family member or a business entity for which the city official serves as an officer, director, or in a policy -making position, • a person or business entity from whom, within the past 12 months, the City official or official's spouse, directly or indirectly, has solicited, received and not rejected or accepted an officer of employment, or is engaged in negotiations pertaining to business opportunities. C. "Outer" ✓ For reas ns other thaq those listed above, I have a con ict of interest (Please specify, e.g. Sec. 2.24.170 or other reason): "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda item whatsoever. Further, Affiant sayeth not." Printed Name: Affiant's Si nat rc: Date: / 7- / r-J- f ---- BEFORE ME, the undersigned authority, on this day personally appeared the above -named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN �Q,,&,�1 j�i5CRIBED before me on this day of oy�jZr Z OIcS� -__ TARY PPETUSL Cf l * 04 121629a.1 State of Texas Cum"). Exp. t:Gc , e �) Notary Public in ard1for the State of Texas County of Williamson TNIS:IFFIf)AVIT SIL4LI. BL•' -g-L—P7"iffl7f IW--OPI.-ICIAi, 4f/NUT 1_S OF TIIIS,ifEETING. 1F AFFIANT IIAS CHECKED ANY OF THE ITEMS UNDER .SECTION' A " RELA 17NG TO "SUBSTANTIAL INTF.Rf:ST. "A COPY OF THIS M-MDA I IT MU.STAL.SO BE SENT TO Till, CITY SECRETARY FOR T1/E CiTY OF GEORGF.TOIi N. C.'oiiict of luterest Affidavit Revised 7.19.2011