HomeMy WebLinkAboutMinutes_P&Z_10.15.2024Minutes of the
Planning and Zoning Commission
City of Georgetown,, Texas
Tuesday., October 15,. 2024
The Georgetown Planning and Zoning Commission met on Tuesday, October 15, 2024 at 6:00 PM at
Council and Court Building, 510 W. 9th Street.
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The following Members were in attendance:
Present were, Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L Price, Pierce
P Macguire, Michael D Charles, Jeri Bradac, David "Alan" McDonald, Joseph D. Digiacomo
Public Wishing to Address an Advisory Board
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Ta Die IMF entrance to fne mee rig room. 1-leanyprint your name ano fire lite—
speak and present it to the Board Liaison prior to the start of the mee rig. You will be called forward to speak
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called to order may speak. Speakers will be allowed up to three minutes to speak. If you wish to speak for six
No more than six minutes for a speaker
may be granted. The requestor gran rig me to another speaker must also submit a form and be present at the
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prior to the day the agenda for this rnee ng is posted. Each speaker will be given three minutes to address the
Board or Commission members, No action can be taken at this meeting.
Call to Order
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Announcements
I. Statutory Consent Agenda
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1.A Nomination and Selection of Vice Chair and Secretary for the 2024-
2025 Session
Nomination and Selection of Vice Chair and Secretary for the 2024-2025 Session -- Erica
Moved by Michael L Price; seconded by Michael D Charles to Approve the nomination
of Scott Allen as Vice Chair for the 2024-2025 session.
Motion Approved: 7- 0
Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L
Price, Pierce P Macguire, Michael D Charles, Jen Bradac
Voting Against: None
Moved by Michael L Price-, seconded by Scott A Allen to Approve the nomination of
Michael Charles as Secretary for the 2024-2025 session.
Motion Approved: 7- 0
Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L
Price, Pierce P Macquire, Michael D Charles, Jen Bradac
Voting Against: None
1.13 Meeting Minutes
Consideration and possible action to approve the minutes from the September 3, 2024,
regular meeting of the Planning & Zoning Commission -- Erica Metress, Planning
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the September 03, 2024, regular meeting of the Planning & Zoning Commission.
Motion Approved: 7- 0
Voting For: Travis Perthuls, Scott A Allen, Rueben Leslie L Rodriguez, Michael L
Price, Pierce P Macguire, Michael D Charles, Jeri Bradac
Voting Against: None
2. Regular Session
2,A Transportation Impact Fee Semi -Annual Report (Q42024)
• and discussion • semi-annual performance • the transportation • fee
Lua Saluone, Transportation Manager, presented the transportation impact fee se
annual • I
Commissioner Allen asked what differentiates the zones that have had the impact fees
versus those that haven't. Saluone explained only zones that are within the city limits are
assessed and that developments annexed into are assessed according to the zone from
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2.13 2024-10-WAV Creative Custom Cabinets Driveway
Public Hearing and possible action on a Subdivision Variance from non-residential
driveway spacing pursuant to Section 12.08.020 of the Unified Development Code, for
the property generally located at 2255 CR 105, Hutto, Texas 78634, bearing the legal
description of a 19.14-acre tract, located in the J. McQueen Survey, Abstract No. 426,
Tract 41, in • • (2024-10-WAV) --Caleb Fuhrer, Asst. ystems
Engineering Director
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Jessica Dean, 1985 CR 105, approached the podium to address the commission and
shared her opposition of the request. Dean explained that having the industrial type of
driveway will disrupt wildlife and quality of roads. Dean shared that the speed in which
traffic travels is higher than what is posted which makes the roads dangerous. Dean
shared that the property is deemed as residential/agriculture and believed that there
should not be commercial entities in the area. Dean concluded with a statement that t
request will be a danger to the residents. I
Chase Bratton, 1965 CR 105, approached the podium to address the commission and
explained that there is currently a dangerous amount of traffic on the road due to the
lack of space for large trucks. Bratton highlighted that the light and noise pollution
makes driving dangerous because of the intensity. Bratton shared her concern with
Bratton
further explained that the request would add a strain on Georgetown's resources due to
the area being part • the emergency special • and •a= that the amount •' fire
prevention for the facility would be large. Bratton concluded with a highlight that the
future land use plan _• that the area would be rural residential.
Mervin Ripley Jr., 2500 county Road 100, approached the podium to address the
commission and shared that many vehicles have gone through his fence. Ripley explained
that many vehicles surpass the 60 miles per hour speed limit on County Road
105. Ripley shared that the heavy traffic that includes 18 wheelers have increased in the
last 10 years. Ripley commented that light, sound, dust, and general traffic pollution have
increased and added that the roads are not wide enough for the traffic.
Brandon Bratton, 1965 County Road 105, approached the podium to address the
commission and shared the difficulties that he has in driving on the road due to the size of
the road. Bratton added that the roads cannot handle the increased traffic. Bratton
believed that the area was not meant for the warehouse district use.
Chair Perthuis asked staff if a variance would be required for a right in and right out
driveway.
Fuhrer explained that if the applicant were to place the right in and right out driveway at
a certain point, they would be able to do so without a variance. Fuhrer added that a right
in and right out driveway may cause more trips on adjacent roads and cause a bigger
impact to the community roads. Fuhrer provided that opting out of the ETJ was also an
option for the applicant.
Chair Perthuis closed the public hearing.
Alternate Commissioner Rodriguez asked if it was appropriate to ask the developer to
address possible mitigation efforts in regards to light and sound pollution.
Travis Baird, Assistant Planning Director— Current Planning, approached the podium to
address the commission and explained that in the city cannot regulate land use in the
ETJ. Baird added that the city can regulate driveway width and certain impacts to public
infrastructure. Baird concluded that with a subdivision variance, the city cannot ask the
developer to mitigate aspects of their use not related to the driveway and traffic impact to
the roadway.
With no further discussion from the dais, Chair Perthuis opened the floor to a motion.
Moved by Michael L Price; seconded by Travis Perthuis to Approve that the granting of
the variance will not be detrimental to the public health, safety or welfare or injurious to
other property in the area or to the City in administering this Code, that the granting of the
variance would not substantially conflict with the Comprehensive Plan and the purposes
of this Code, that application of a provision of this Code will render subdivision of the land
impossible, and where literal enforcement of these regulations would result in an
unnecessary hardship.
Chair Perthuis shared that there are two avenues in which the property owner can
complete the task if the request was denied in which one way involves leaving the ETJ.
Chair Perthuis explained that the approval of this request would be the best of the
options.
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the SUP criteria and further explained that no one can control traffic.
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that Chair Perthuis highlighted.
Motion Approved: 7- 0
Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L Price,
Pierce P Macguire, Michael D Charles, Jeri Bradac
Voting Against: None
2— C 2024-12-WAV Pinnacle Retail Georgetown
Public Hearing and possible action on a Subdivision Variance to vary from the right-of-
way dedication requirements pursuant to Section 12.02.020.B&C and Table 12.02.030 of
the Unified Development Code, for the property generally located at 2601 W.
University Avenue, Georgetown, Texas 78628, bearing the legal description of a 7.012-
acre tract, located in the Isaac Donagan Survey, Abstract No. 178, in Williamson County
(2024-12-WAV) -- Caleb Fuhrer, Asst. Systems Engineering Director
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Chair Perthuls asked if the property to the west was included in the subject property a
asked if it had a variance. Fuhrer explained that part of the subject property did includ
the property to the west because of platting. Fuhrer explained that the property was
platted before the update of the future mobility plan. I
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confirm the question with the applicant,
Alternate Commissioner Bradac asked If proposed placement of the middle parking lot
and building would meet the setback requirements for the residential property to the
south of the subject property.
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Chair Perthuls asked why the city Is imposing the setback when the Texas Department of
Transportation does not require it. Fuhrer shared that the Future Mobility Plan does not
take effect until each project begins platting and that properties along the State Highway
29 have been platted in the past. Fuhrer acknowledged that if the right of way was
dedicated, it would eventually be conveyed to Williams County or TXTDot.
Baird referred to the earlier question and explained that the rear setback would be 25
feet.
Chair Perthuls opened and closed the public hearing with no speakers coming forth.
Chair Perthuis opened the floor to a motion.
Moved by Scott A Allen; seconded by Michael L Price to Approve such that the following
criteria were compliant: that the granting of the variance will not be detrimental to the
public health, safety or welfare or injurious to other property in the area or to the City in
administering this Code, that the granting of the variance would not substantially conflict
with the Comprehensive Plan and the purposes of this Code, and where literal
enforcement of these regulations would result in an unnecessary hardship, and such
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that Williamson County and TXTDot pursuing the northern section of the road and
shared that the grant should not create disparity between the properties.
Motion Approved: 7- 0
Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L. Rodriguez, Michael L
Price, Pierce P Macguire, Michael D Charles, Jeri Bradac
Voting Against: None
2.13 2024-7-SUP Westinghouse Business Park
Public Hearing and possible action on a request for a Special Use Permit for the specific
use of 'Warehouse and Distribution, Limited', in the Business Park (BP) zoning district for
the property located at 1301-1305 Blue Ridge Drive, Georgetown, Texas, bearing the
legal description of Lot 1, Block C out of the Windmill Hill Phase 5 Subdivision (2024-7-
SUP) -- Colin Davidson, Planner
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request. Davidson explained that the uses in the development will be able to distribute
products out of the development and shared that the function of the site would not
Commissioner Allen asked if conditions could be included and if the conditions could
include buffer areas along the residential side or require identified warehouses to be
move away from the residential area, or a restriction of the hours of operation.
Travis Baird, Assistant Planning Director — Current Planning, approached the podium to
address the commission and highlighted that the request is for specified units. Baird
explained that the condition to move the identified warehouses would require to move
them into a different suite. Baird also highlighted that the condition to increase the buffer
would alter the existing site.
Commissioner Charles inquired about the volume of noise that would be added to the site.
Davidson shared that if the use were to be denied, then another use could occupy the
space and allow for a similar amount of noise.
Commissioner Price inquired about the materials used in between the buildings and
explained that solid surface materials do allow for more noise. Commissioner Price
shared that he was leaning towards a time restriction if the request were to move
forward.
Shannon Mattingly, applicant, approached the podium to address the commission and
provided a presentation.
Alternate Commissioner Rodriguez asked if the time constriction would be detrimental to
the owner's marketing.
Otto Swingler, owner, approached the podium to address the commission and stated that
he would be happy to commit to the time constriction.
Chair Perthuis opened the public hearing.
John Oliver, 501 G Yucca Flower Lane, approached the podium to address the commission
and shared that his home is close to one of the warehouses. Oliver acknowledged that he
was aware of the empty lot and discussed zoning with the planning department prior to the
purchase of his home. Oliver shared that there was a provision within the zoning, at the
time, that allowed a business to maintain parts and supplies. Oliver highlighted that the
noise is constant with large tractor trailers operating during the timeframe of 5 AM to 11
PM and explained that the noise is coming from loading of those trucks. Oliver believed it
was a mistake to build the warehouses next to residential areas and believed that the
owner found a loophole in the current zoning.
Scott Engebrit, 105 Blue Agave Lane, approached the podium to address the
commission and contested to the amount of noise with half the occupancy. Engebrit
highlighted that the noise will increase with the increase in tenancy. Engebrit shared
that the structures include lights that shine into the neighbor's property. Engebrit
believed that the light and noise are not in compliance with the code. Engebrit
concluded with a statement of opposition.
Brad Allen, 104 Blue Agave Lane, approached the podium to address the commission
and explained that his home backs up to the bakery that occupies a suite in the building.
Allen confirmed that the business operates from 5 AM — 10 PM and shared that there is
no effort made to quell the noise. Allen explained that there may be 10 feet of buffer
zone instead of what was presented by the applicant. Allen shared the affects that the
light has on his property and emphasized the noise effects of the dumpster. Allen
highlighted that semi -trucks would need drive through a residential area just to reach
Westinghouse Road.
Greg Hight, 112 Blue Agave Lane, approached the podium to address the commission
and shared that he moved into his home in 2016. Hight explained that it was his
understanding that the business park would include doctors' offices and things of that
nature, but shared that instead, a multistory structure was built. Hight highlighted the
noise and early hours of operation, wire fences along the property, and trucks that back
up to the fence. Hight concluded with a question of who changed the description of the
project that was provided to the residents and why.
Katherine Smith, 112 Blue Agave Lane, approached the podium to address the
commission and explained that across the street is a warehouse with distribution
capability. Smith highlighted the development on North Mays Street that is considered
business park and explained that it does not have large warehouse structures. Smith
highlighted the light pollution from the buildings and pollution from trucks. Smith explained
that the request will disrupt wildlife in the area and highlighted a park next to the facility.
Ana Alvarez, 5024 Yueca Flower Cove, approached the podium to address the
commission and highlighted the light and noise pollution at early hours. Alvarez highlighted
that the neighborhood includes elderly and children that are affected by the noise. Alvarez
explained that there is a wire fence separating her home from the structures and
suggested to limit the hours of operation. Alvarez highlighted that the noise would increase
with the increase in tenants.
Chair Perthuis closed the public hearing and opened the floor for a motion.
Moved by Michael L Price; seconded by Scott A Allen to Approve with a 7 AM to 6 PM
time restriction for the highlighted suites.
Chair Perthuis explained that he would be more inclined to support the request if it was
per unit and shared that he did not believe that the developer did not understand the
difference in the allowed uses.
Allen inquired about actions that can be taken by the neighbors to help with light and noise
concerns. Davidson explained that the Unified Development Code includes a restriction in
which light cannot exceed two -foot candles past the property line. Davidson explained that
if the neighbors believe that the light exceeds the restriction then they can contact the
code compliance department. Davidson shared that lights are meant to be shielded and
that a noise ordinance restricts certain decibel levels. Alternate Commissioner Bradac
believed that increased vehicles would add to the decibel levels and questioned if the
resident would have to initiate a complaint. Davidson confirmed that there would need to
be a violation of the noise ordinance in order for the code compliance department to solve
the issue.
With no further discussion from the dais, the commission proceeded to vote on the motion.
Motion Failed: 1- 6
Voting For: Michael L Price
Voting Against: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Pierce
P Macguire, Michael D Charles, Jen Bradac
Due to the failed motion and a lack of an additional motion, the item proceeded to the
city council as a denial.
2. E 2024-12-SUP Lets Glow GTX
Public Hearing and possible action on a request for a Special Use Permit (SUP) for the
specific use of 'Personal Services, Restricted' in the Local Commercial (C-1) zoning
district on the property located at 508 Riverbend Drive, Georgetown, Texas, bearing the
legal description of Part of Lot 1, Block 10 out of the Quail Meadow Unit III Subdivision
(2024-12-SUP) -- Colin Davidson, Planner
Raschel Krogh, owner, approached the podium to address the commission and shared
that in the state of Texas, anything pierced below a lobe is considered a body piercing.
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Chair Perthuis opened and closed the public hearing with no speakers coming forth.
With no further discussion, Chair Perthuis opened the floor to a motion.
Moved by Scoff A Allen-, seconded by Michael D Charles to Approve the special use
permit for personal services restricted in C1 zoning district.
Motion Approved: 7- 0
Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L
Price, Pierce P Macguire, Michael D Charles, Jen Bradar
Voting Against: None
2,F Discussion Items
Updates, Commissioner questions, and announcements -- Travis Baird, Assistant
Planning Director — Current Planning
Travis Baird announced the upcoming P&Z/City Council joint session for November 12,
2024.
Adjournment
These minutes were approved at the meeting of_,AJ���6, �Jo
Chair
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