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MINUTES

PLANNING AND ZONING COMMISSION

100 EAST MAIN STREET SUITE 500

APRIL 2, 2007

7:30 P.M.

 

1.      Call to Order.

Ms. Starlet Sattler called the meeting to order at 7:33 p.m.

Ms. Starlet Sattler, Mr. Wayne Cooper, Ms. Nancy Ramsey, Mr. Dennis Sedlachek, Mr. Naji Norder, Mr. Sam Storms and Ms. Monica Knighton are present.     

Staff present: Mr. Trey Fletcher, Planning Director; Mr. Floyd Akers, City Attorney; Gina Fechter, Project Manager for Engineering Department; Stephanie Welch, Planner and Hazel Sherrod, Planning Administrative Technician. 

2.      Presentations.

     

      None

 

3.      Citizens Communication for issues and items that do not appear on the agenda.

      No formal action, discussion, deliberation, nor comment will be made by the Planning and Zoning Commission.

 

4.      Reading of the consent agenda.

The following items may be acted upon in a single motion.  No separate discussion or action on any of these items will be held unless requested by any member of the Planning and Zoning Commission.

     

      A.  Approval of the minutes for the March 19, 2007 work session

     

      B.  Approval of the minutes for the March 19, 2007 regular meeting

 

      Ms. Sattler pulled this item due to incomplete sentence on page 3.

 

      C.  Approval of a final plat Park at Blackhawk VI, Phase 1.

 

      Mr. Norder made motion to approve Item 4A and 4C.  Mr. Sedlachek seconded that motion.  All in favor.  Motion       approved. 

     

5.    Public Hearings. 

A.  To receive public comment on a city initiated application to change the zoning from Agriculture/Conservation (A) to Single-Family Residential (RS-1) for the Heatherwilde, Section Two subdivision, Phases One, Two and Three; Heatherwilde, Section Two subdivision, Lot 1, Block A; Heatherwilde, Section Two subdivision, Phase One, Lot 9, Block A. These properties are located west of Heatherwilde Boulevard and south of Pflugerville ParkwayCambridge Heights, Phase A subdivision, Sections 1-A, 1-B, 2, 3, 4 and 5; Cambridge Heights, Phase B subdivision, Sections 1, 2, 3 and 4; and Cambridge Heights, Phase C subdivision, Sections 1 and 2. These properties are located west of Grand Avenue Parkway and north and south of Victoria Station Boulevard.

 

To receive public comment on a city initiated application to change the zoning from Agriculture/Conservation (A) to Alternative Land Use Regulations (ALUR) for the Meadows at Cambridge Heights, Phase One, Correction Plat; and F-Victoria, L.P. 96.765-acre tract.  These properties are located west of Grand Avenue Parkway and north and south of Victoria Station Boulevard.

 

The Branson ALUR was created several years ago through a similar ALUR process.  However, it was in the County so, it was more or less an agreement with the City.  Part of that development agreement has required the Planning Department to show the bounds of the ALUR on our Zoning Map, so that people would be aware of the it’s existence.  The action tonight is to officially bring it up to the Zoning Map.  The map of the Branson ALUR shows much of the area developed as Single Family uses. 

 

Mr. Fletcher made it known that Victoria Station Blvd will eventually continue on into Greenlawn Ave in Round Rock. 

 

Tracks three and four of the area are still vacant, there development plans and restrictions are detailed in the ALUR regulations. 

 

To receive public comment on a city initiated application to change the zoning from Agriculture/Conservation (A) to Light Industrial (LI) for the Rodman subdivision; Michael W. Ayer 19.418-acre tract; and Picadilly 2006, L.P. 17.199-acre tract. These properties are located west of Grand Avenue Parkway and north of Picadilly Drive.  The rezoning of all of these properties will collectively be known as the 2006 Annexation Area Proactive Rezoning.

 

On the Rodman subdivision tract, Rodman Construction is located.  The other two are unplatted but are going through the platting process.  Both are seeking to be LI developments.  We are trying to make that a better process to work with our rules, now that they are in City Limits of Pflugerville. 

 

This whole rezoning process is to align the use with appropriate Zoning District and to comply with the Comprehensive Plan at the end of the day. 

 

Mr. Fletcher stated this will return to the Planning & Zoning for Consideration on April 16th

      Members of the audience addressing the Board are: 

      Mr. Mark Mathis of 1806 Tolstoy Cir., asked what the definition of ALUR is and what type of      development that can occur in that type of zoning. 

      Mr. Fletcher explains:  most cities have a PUD or plain unit development processes, basically a     customized zoning district in Pflugerville it is called an ALUR (Alternative Land Use Regulation) District.  Typically, it is a district that has a base district from which to base all their uses or design        standards on.  There are several pages that dictate the uses that are allowed in the Branson ALUR.

      Mr. Mathis requested a copy of the document that dictates such uses.  Mr. Fletcher has agreed to get a    copy of that to him via email, once Mr. Mathis provides him with an email address.

      Mr. Fletcher gave Mr. Mathis his business card, so he may email him and obtain his email address.

Mr. James Bouton spoke.   He is representing the Picadilly 2006 L.P. and was actually the broker on this property.  He wanted to make the board aware of the major lack of communication on these properties.  The properties were being looked at the latter part of 2006 and what the Picadilly 2006 L.P. purchased was property that was in an ETJ.  Mr. Bouton said that what he was told by the Planning Department and the former owners.  He said they were rather surprised to get a copy of an announcement that the zoning was going to be changed.  What is even more curious is that the engineer they are using to do the subdivision is working closely with the City, Planning and Zoning Department and they have been working under the assumption that it was still an ETJ.  Mr. Bouton said they understand that it was going to be annexed eventually but did not know that it was annexed already and did not get the information when he visited our Planning & Zoning Department and when his engineer is working with our department at the present. 

Ms. Sattler asked when this property was annexed.  Mr. Fletcher answered in December of 2006. 

Mr. Bouton said there were no notifications given to the former owners, because he asked.  Mr. Bouton learned last Friday that this property was annexed when he was asked by the owner to sit in on tonight’s meeting. 

Mr. Norder made motion to close the Public Hearing for item 5A.  Mr. Sedlachek seconded the motion.  All in favor.  Motion approved. 

B.      To receive public comment on a city initiated application to change the zoning from Single-Family Residential (RS-1) to Agriculture/Conservation (A) for Tract 1 being approximately 26.45 acres; Tract 2 being approximately 30.93 acres; Tract 3 being approximately 87.53 acres; Tract 4 being approximately 12.23 acres, Block 1, Lot 29 being approximately 2.93 acres and Block 2, Lot 18 being approximately 6.90 acres of the Fairways of Blackhawk Subdivision to be known as the Fairways of Blackhawk Subdivision Golf Course Proactive Rezoning.  This property is located north of Kelly Lane and east of Kennemer Drive.

 

Mr. Jeremy Frazzell, Planner II for the City of Pflugerville, presented this case to the Board.  The proposed rezoning is for approximately 166.97 acres.  The proposed tracts have an existing golf course/open spaces land use, which is not identified on the approved Fairways of Blackhawk Final Plat.  That Final Plat was approved in 1993 as Fairways of Blackhawk Phase I-A, Block 1, Lot 29 and Block 2, Lot 18 as “non-residential lots, and shall be maintained by the Owner or his successors and assigns. No dwellings/occupancy shall be allowed on these lots.”  In an attempt to align a more appropriate land use designation to the existing land use on the proposed rezoning tracts, the City has initiated the proposed rezoning of the four tracts and two lots from RS1 to A.

 

            Members of the audience addressing the Board are: 

     

1. Mr. Gordon Wagner a representative of IRI opposes the request of rezoning.  He mentioned that 40 acres of golf course is in a flood plain.  He did not receive the notice because the notice sent was to an address that his regional office no longer uses.  He found out about this hearing Friday last week.  Mr. Wagner did meet with Mr. Fletcher this afternoon in anticipation of the hearing tonight.  Mr. Wagner noted that in the past they have sold a parcel of land to Ryland Homes allowing them to develop homes on that property.   They are now in the process of evaluating any possible use for the remaining acreages. 

 

Ms. Knighton asked Mr. Wagner how this zoning change would hamper his process. 

 

Mr. Wagner answered that it might not hamper anything. 

 

Ms. Sattler stated that she understands that a golf course is not allowed in Single Family.

 

Mr. Fletcher explains that you are allowed a golf course with a specific use, in the former code it is a special exception and in the proposed code it becomes a specific use permit.  The golf course was annexed in 1996 and the course existed at that time so it was non-conforming.  The zoning was changed from AO (Agricultural Open) in 1997 and again in 1998 in two parts from AO to R3 (Single Family district).  Later in 1999 the Zoning Code was amended and R3 did not permit golf courses in that district of any type, R3 became RS-1 (Single Family).  Mr. Fletcher believes the golf course was permitted in the way, up to now it has been through special exception.  In the A zone it was permitted by right and that is the same permitted use schematic that is carried in the new Zoning Code.  In RS-1 it is permitted through a specific use permit, it goes to Planning and Zoning Commission versus of the Board of Adjustment and then permitted by right in the Agricultural District. 

 

Ms. Knighton asked if Mr. Wagner wanted to create a lot, as he mentioned they have done before by eliminating a hole, they would have to come back to the Planning and Zoning and ask us to rezone that lot as RS-1. 

 

Mr. Fletcher said if the rezone is approved that would have to be the process. 

 

Mr. Wagner commented that they did not eliminate a hole they replaced one. 

 

2. Mr. John Theirl, legal council for the owner, of 4127 Wycliff Ave., Dallas, TX 75219, did request to speak on this item, but stated that he had nothing to add what Mr. Wagner said. 

 

3. Ms. Nikelle Meade, land use council for the owner, of 111 Congress Ave., Ste. 1400, Austin, TX, 78701, did request to speak but stated she had nothing to add also. 

 

4.  Mr. Efrem Casarez of 19509 Kennemer Dr., off the golf course off hole #3.  Mr. Casarez serves as Vice President for the Fairways of Blackhawk HOA.  They had their annual meeting last week and the residents over whelmingly supports the City’s proactive rezoning to change the golf course from RS-1 to A.

 

Mr. Casarez commented that he understood that when Sea Island Dr. was cut in, he thought that no residents could move into Sea Island Dr. until the second entrance to the Fairways was done and that has not happened.  The work on the bridge has stopped and the residents don’t know the status is.  They are kind of disappointed that exceptions were made for folks to move in there.  This adds traffic to their subdivision. 

 

Ms. Sattler commented that we will check on the Sea Island Dr. issue.

 

5.  Mr. T. Max Poss of 2501 Amen Corner Rd., which backs up to the fairway.   He is glad the representative of the management for Blackhawk is there and asks them why they do not take care of their golf course.  Ms. Sattler advised that he speaks to them when they get ready to go outside.

 

6.  Mr. Larry Rietz of 2800 Butler National Dr., would like to see the course rezoned as Agriculture.  He bought in the neighborhood because he thought he was getting a golf course and does not want to see any more development within the community.

 

7.  Mr. Sam Garner of 2604 Amen Corner Rd., supports what Efrem says and what the other gentleman says about the condition of the golf course.  Mr. Garner noted that there are heavy trucks on a daily basis coming down his street and he would like the City to slow them down.  He supports the rezoning.

 

8.  Mr. Aaron Ballew of 2520 Amen Corner Rd., stated that he supports everything that Efrem and Sam says. 

 

9.  Mr. Mark Erwin of 2600 Amen Corner Rd., inquired about information on the Sea Island Dr. bridge and the Ryland homes project.   

 

10.  Ms. Lori Carl of 2721 Amen Corner Rd., is in agreement with everything that was said about the rezoning. 

 

Mr. Fletcher stated that this item will come for consideration at the next Planning and Zoning meeting on April 16th.

 

Mr. Cooper made motion to close Public Hearing.  Ms. Knighton seconded the motion.  All in favor.  Motion approved.  

 

 

 

 

 

 

 

 

6.   Consideration of Zoning Applications.

A.  To consider an application to rezone from a Light Industrial (LI) District to an Alternative Land Use Regulation (ALUR) District for approximately 70 acres out of the L.C. Cunningham Survey No. 63, Travis County, Texas, to be known as the New Wells Point ALUR.  The property is located northwest and northeast of the intersection of Wells Branch Parkway and Heatherwilde

Boulevard.

 

Mr. Trey Fletcher presented this item before the Board.  Staff recommends approval of the application because after it came to the Commission last year (August), staff did have some reservations.  After working with the applicant fairly extensively, we feel that the application has improved significantly, but ultimately it is the in the purview of the Commission to generate a recommendation for Council to decide.

 

The basic structure of the ALUR is to provide some degree of flexibility but enhance the level of standards that are applied to development in the area and provide some assurances to the City in terms of timing and to the amount of retail that is proposed or guaranteed at the end of the day on certain components of the property. 

 

They have been to Parks Commission to discuss Parkland dedication requirements because residential uses are proposed.  Parks Commission has recommended approval with the proposal to develop, dedicate and construct parking for the soccer field park in the amount of 80 parking spaces, in addition to what is on the ground today.  The Applicant has answered that.

 

Although residential uses are proposed they are not necessarily guaranteed.  Even if the residential uses don’t result, the parkland dedication requirement commitment will still be upheld by the Applicant. 

 

A PowerPoint presentation was provided by Mr. Steve Metcalf, on behalf of the Applicant. 

 

He presented the:

 

      1.  “Basic Terms of ALUR”

                  Requires retail use on hard corner (8 acres)

                  Removes certain undesirable uses

                  Adds the right to incorporate residential uses within the Project subject to certain limitations and conditions. 

 

      2.  “Changes Developer will Agree to Per Commissions Suggestions”

                  50 ft. buffer area between residential and non retail or office

                  Only retail and office uses allowed in the commercial node on tract one

                  Buildings within the commercial node will be constructed concurrently with                 residential

                  Additional prohibited uses. 

      3.  “Additional Prohibited Uses”

                  LI Uses Prohibited:

                              Artificial limb manufacturer

                              Creamery, wholesale

                              Food processing and dehydrating

                              Beverage Bottling and distribution

                              Ice manufacturer, wholesale

                  GB Uses Prohibited:

                              Dance hall

                              Exhibition ground

                              Pawn shop

Mr. Metcalf showed photos depicting of styles of residential architecture he would like to build in the ALUR. 

 

Mr. Cooper would like for Mr. Metcalfe to present a schematic of what the proposed project they would like to present would look like.  Mr. Metcalfe would like to bring back some sketches of what the proposed project would depict, showing percentage of masonry, showing elevation, 25% brick or stone and the remainder of masonry.  He would not want to commit to any architectural style but to give the Commission an idea of what he is talking about. 

 

Mr. Cooper commented that last time Mr. Metcalfe met with the Board they presented the idea of providing a turn around or cul de sac at the end of the 80 spaces of parking and if they were going to do that. 

 

Mr. Metcalfe said they did look at that and said that if it does not take away spaces that he believes it is something they can do. 

 

Board members commented that the turn around or cul de sac would be safe because when you get to the end of the parking lot and you realize there are no more parking spaces then you have to back all the way out. 

 

Ms. Susan Smith at 1506 Club Chase Dr., Vice President and resident of Club at Wells Point subdivision addressed the Board.  She wanted to reiterate that when the business park was built they were able to exclude a lot of uses in building 1 and 2 and would like to see the same uses excluded from track 1.  The residents are not in favor of anything to do with automobiles, car washes, auto parts, or sexually oriented businesses on track 1.  They also prefer the upscale residential be closest to their neighborhood versus something light industrial commercial type. 

Ms. Smith stated that they way they have it set up now, if it did play out that way, high quality residential with the retail node, that would be the best scenario.  Ms. Smith mentioned she and Mr. Metcalfe have meet and discussed the uses, she and the homeowners want and don’t want in the neighborhood.  The ALUR presented by Mr. Metcalfe still has many of the uses allowed that they did not want to see even with the ones he added. 

 

Mr. Sedlachek recommends Ms. Smith gets with the rest of her association get a list to Steve and a copy to Trey.  She said she will do so tomorrow.

 

Mr. Norder moved to approve the rezoning from Light Industrial and General Business to Alternate Land Use Regulations for the New Wells Point rezoning, subject to conditions.  The conditions being that a fifty feet buffer area be maintained between residential and commercial uses that are none retail or office, or industrial uses.  That only retail and office uses be allowed in the commercial node on track one.  Buildings within the commercial node will be constructed be concurrently with the residential.  An additional list of prohibited uses that will be enhanced from what is currently in the ALUR.  And also subject to the condition that they add materials, some sketches depicting architectural elements, such as the percentage of masonry or the special design features.  Finally, that they incorporate some method to allow vehicles to turn and get out of the soccer field parking at the end of the parking lot without loosing any of the eighty parking spaces. 

 

Mr. Cooper suggests that they also remove any auto related uses, such as machine shops and auto parts stores and stuff, car washes.  Mr. Norder mentioned that they have been removed already. 

 

Mr. Norder said he did not read the list of the items to be removed but it will change a bit as they review the list from the neighbors. 

 

Ms. Knighton seconded the motion Mr. Norder made.  The vote is six to one in favor.  Mr. Cooper voted Nay. 

 

 

 

 

7.    Consideration of Subdivision Applications.

       A.  To consider a preliminary plan known as Picadilly Business Park.  The property is located

 

      Item 7A is incomplete and has been pulled from the agenda.

 

8.   Administrative Matters.

      A.   Commissioner Comments

 

      No comments.

 

B.  Future agenda items

 

1. Picadilly Business Park

 

9.    Adjourn.

      Meeting adjourned at 8:47 p.m.  Mr. Cooper made a motion to adjourn.  Ms. Ramsey seconded the motion.  All       voted in favor.  The motion carried.

 

Respectfully,

Starlet Sattler, Chairperson

                                                       approved on this 16th day of April 2007.