Regular Session. Public Wishing to Address the Board. Consent Agenda. Pledge of Allegiance. Comments from the Chair. Action from Executive Session

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1 Notice of Meeting for the Planning and Zoning Commission of the City of Georgetown June 7, 2016 at 6:00 PM at 101 E. Seventh Street, Georgetown, Texas 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) or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A 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 B As of the deadline, no persons were signed up to speak on items other than those 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. Page 1 of 39

2 C Consideration of the Minutes from the May 17, 2016 P&Z meeting. Legislative Regular Agenda D Public Hearing and possible action on a request for a Special Use Permit to allow a multifamily development in the Local Commercial (C-1) District at 4121 Williams Drive, also being Lot 2, Wesleyan at Estrella. (SUP , Live Oak Apartments) Juan Enriquez, Planner E Public Hearing and possible action on a request to Rezone approximately acres in the Joseph Fish Survey, located at 4700 Williams Drive, from the Local Commercial (C-1) and Office (OF) Districts to 9.99 acres of the High Density Multifamily (MF-2) District and acres of the Low Density Multifamily (MF-1) District. (REZ , Merritt Heritage Senior Village) Mike Elabarger, Senior Planner F Discussion Items: Update on the Unified Development Code Advisory Committee (UDCAC) meetings. (Commissioner Bargainer) 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 next Planning and Zoning Commission meeting on June 21, 2016 in the Council Chambers located at 101 East 7th Street, starting at 6:00 pm. Adjournment CERTIFICATE OF POSTING I, Shelley Nowling, 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, 2016, at, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Shelley Nowling, City Secretary Page 2 of 39

3 City of Georgetown, Texas Planning and Zoning June 7, 2016 SUBJECT: Consideration of the Minutes from the May 17, 2016 P&Z meeting. ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: ATTACHMENTS: Description Draft Minutes - May 17, 2016 Type Cover Memo Page 3 of 39

4 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, May 17, 2016 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas Commissioners: Josh Schroeder, Chair; Kevin Pitts, Vice-Chair, Scott Rankin, Secretary Andy Webb, John Marler and Alex Fuller Commissioner(s) Absent: Commissioners in Training: Aaron Albright and Gary Leissner Commissioner(s) in Training Absent: Thomas Burlew Staff Present: Sofia Nelson, Planning Director; Valerie Kreger, Principal Planner; Mike Elabarger, Senior Planner; Juan Enriquez, Planner; David Munk, Utilities Engineer and Stephanie McNickle, Recording Secretary. A. Chair Schroeder called the meeting to order at 6:00 p.m. Chair Schroeder 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. 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. C. Consideration of the Minutes from the May 3, 2016 P&Z meeting. D. Consideration and possible action on a Preliminary Plat for Gatlin Crossing, being acres out of the William Addison and J Robertson Surveys, located at 2573 County Road 111 (Westinghouse Road). (PP , Gatlin Crossing) Juan Enriquez, Planner Motion by Commissioner Marler to approve the consent agenda including the minutes from the May 3, 2016, Planning and Zoning meeting. Second by Commissioner Rankin. Approved. (7-0) Page 4 of 39 Page 1 of 3

5 Legislative Regular Agenda E Public Hearing and possible action on a request to Rezone approximately acres of the W. Addison Survey located at 1951 FM 1460 from the Agriculture (AG) District to the Residential Single-family (RS) District. (REZ , La Conterra North) Carolyn Horner, AICP, Planner This agenda item has been withdrawn at the request of the applicant. F Public Hearing and possible action on a request for a Special Use Permit to allow a multifamily development in the Local Commercial (C-1) District at 4121 Williams Drive, also being Lot 2, Wesleyan at Estrella. (SUP , Live Oak Apartments) Juan Enriquez, Planner This agenda item has been postponed to the June 7, 2016 Planning and Zoning meeting. G Public Hearing and possible action on a request to Rezone approximately acres of the N. Porter Survey, located at 206 E. Janis Drive, from the Residential Single- Family (RS) District to the Low Density Multifamily (MF-1) District. (REZ , Colony Park Townhomes) Valerie Kreger, AICP, Principal Planner Staff presentation by Valerie Kreger. Valerie provided an overview of the Rezone Application request, description of project and recommended denial. Discussion between Staff and Commissioners regarding Fire access and the possible future roadway and connectivity to the project. Chair Schroeder invited the applicant. Mr. Haynie gave a brief presentation and informed the Commission, he will be able to answer questions. Chair Schroeder opened the Public Hearing. Those who signed up to speak on this item included Melissa Thompson and Lizabeth Mahoney. Concerns and comments voiced included the following Concerned with traffic. Concerned with connectivity. Agrees with City staff and ask for denial. Motion by Commissioner Marler to recommend to City Council approval of a Rezone approximately acres of the N. Porter Survey, located at 206 E. Janis Drive, from the Residential Single-Family (RS) District to the Low Density Multifamily (MF-1) District. Second by Commissioner Rankin. Approved. (6-1) Fuller denied. H Public Hearing and possible action on a request to Rezone acres of the J Sutherland Survey located at 4950 Jim Hogg Road from the Agriculture (AG) District to the Local Commercial (C-1) District. (REZ , Oak Meadows Corner REZ) Juan Enriquez, Planner Juan provided an overview of the Rezone Application request, description of project and recommended approval. Page 5 of 39 Page 2 of 3

6 The applicant declined to speak. Chair Schroeder opened the Public Hearing. Those who signed up to speak on this item included: Nicole Tableriou, Rudy Robinson, Chrystle Swan, Francie Schroeder, Steve Schuler, Beth Purcell, Judy Prehar, David Mann, Debbie Sanders, Kevin Locke, Anne Lichtenstein, Abby Brody and Ken Snow. Concerns and comments voiced included the following Connectivity Traffic Issues with location of project Lack of additional outlets for residents Safety concerns Jim Hogg is only a two lane road How will residents flee if there is a fire? There is another way out of the subdivision. Chair Schroeder closed the Public Hearing. Commissioner Fuller stated he does not understand why the Traffic Impact Analysis has not been completed before this project is brought to The P&Z Commission. Staff stated the project applied for a voluntary annexation into the city in exchange of having city utilities. The area around this project is in the ETJ. Staff also stated the TIA is being reviewed will show any requirements needed. Staff also stated the Site Plan for this project will need to comply with the Unified Development code. Motion by Commissioner Pitts to recommend to city council approval of Rezoning acres of the J Sutherland Survey located at 4950 Jim Hogg Road from the Agriculture (AG) District to the Local Commercial (C-1) District. Second by Commissioner Marler. Approved (6-1) Commissioner Fuller. I Discussion Items: Update on the Unified Development Code Advisory Committee (UDCAC) meetings. (Commissioner Bargainer) NA Update on the Georgetown Transportation Advisory Board (GTAB) meetings. (Commissioner Rankin) NA Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. NA Reminder of the next Planning and Zoning Commission meeting on June 7, 2016 in the Council Chambers located at 101 East 7th Street, starting at 6:00 pm. Adjournment at 7:46 p.m. Page 6 of 39 Page 3 of 3

7 City of Georgetown, Texas Planning and Zoning June 7, 2016 SUBJECT: Public Hearing and possible action on a request for a Special Use Permit to allow a multifamily development in the Local Commercial (C-1) District at 4121 Williams Drive, also being Lot 2, Wesleyan at Estrella. (SUP , Live Oak Apartments) Juan Enriquez, Planner ITEM SUMMARY: Background: The applicant has requested consideration of a Special Use Permit to allow a 108 unit multifamily development with ancillary uses in the C-1 District located at 4121 Williams Drive. The C-1 District allows attached multifamily development at the discretion of the City Council with approval of a Special Use Permit. Additionally, the use has specific limitations which are stated in UDC Section E (Residential Use Limitations). Public Comment: To date, no written or verbal comments in support or against the applicant s proposal have been received by staff. Staff Recommendation: Staff recommends denial of the applicant s request for a Special Use Permit to allow multifamily development in the C-1 District. Planning and Zoning Commission: This item was originally scheduled to be heard at the May 17, 2016 Planning and Zoning Commission meeting. However, at the applicant's request, the item was postponed to the June 7, 2016 meeting. FINANCIAL IMPACT: None studied at this time. SUBMITTED BY: Juan Enriquez, Planner and Sofia Nelson, CNU-A, Planning Director ATTACHMENTS: Description Staff Report Attachment 1 - Location Map Attachment 2 - Future Land Use Map Attachment 3 - Zoning Map Attachment 4 - Aerial Map Attachment 5 - Conceptual Plan Type Cover Memo Backup Material Backup Material Backup Material Backup Material Backup Material C-1 District Development Standards and Land Uses Backup Material Page 7 of 39

8 Georgetown Planning Department Staff Report Report Date: May 9, 2016 File No: SUP Project Planner: Juan Enriquez, Planner Item Details Project Name: Location: Live Oak Apartments 4121 Williams Drive - The subject property is located along the north side of Williams Drive between Shell Road and Estrella Crossing. Total Acreage: acres Legal Description: Lot 2 of Wesleyan at Estrella acres Applicant: Jean Latsha (Pedcor Investments, LLC) Property Owner: Willrae Partners III, Ltd. Contact: Jean Latscha Overview of Applicant s Request The applicant has requested consideration of a Special Use Permit to allow a 108 unit multifamily development with ancillary uses in the C-1 District located at 4121 Williams Drive. The C-1 District allows attached multifamily development at the discretion of the City Council with approval of a Special Use Permit. Additionally, the use has specific limitations which are stated in UDC Section E (Residential Use Limitations). Live Oak Apartments (Attached Multifamily) Page 1 of 6 Special Use Permit Page 8 of 39

9 Planning Department Staff Report Site Information Physical Characteristics: The property is acres in size and it is generally flat with with a variety of shrubs and trees. The site has approximately 600 feet of street frontage along Williams Drive and is generally approximatley 400 deep. Surrounding Properties: Location Zoning Future Land Use Existing Use North MF-2 Low Density Residential Undeveloped multifamily lot South ETJ/C-1 Mixed Use Neighborhood Center Commercial uses East MF-2 Mixed Use Neighborhood Center Multifamily use West C-3/AG Mixed Use Neighborhood Center Commercial use Property History The property was annexed into the City in 2005 by Ordinance No At the time of annexation into the City, the default AG Zoning District was assigned. The property was rezoned to C-1 in 2013 by Ordinance No The property was platted in Comprehensive Plan Future Land Use: The 2030 Future Land Use category for this subject site is Mixed Use Neighborhood Center. This category applies to smaller areas of mixed commercial use within existing and new neighborhoods. This future land use designation is primarily proposed adjacent to, or as part of, larger residential neighborhoods. These neighborhood-serving mixed use areas abut roadway corridors or are located at key intersections. Uses in these areas might include a corner store, small grocery, coffee shops, personal services, as well as small professional offices and upper story appartments. They may also include stand-alone high density residential development. The intent of the Mixed-Use Neighborhood Center land use category was to identify certain areas of the City that would support localized personal services and retail locations for neighborhood goods and services, rather than large commercial development and high-traffic generating uses. Growth Tier: The 2030 Comprehensive Plan Growth Tier Map designation is Tier 1A which are areas of the City where infrastructure systems are in place, or can be economically provided and where the bulk of the City s growth should be guided over the near term. Transportation The site s sole access is via Williams Drive which is a Major Arterial roadway. A Traffic Impact Analysis (TIA) was not deemed necessary. Based on the ITE (Institute of Transportation Engineers) Manual, 108 multifamily units does not trigger a TIA. Live Oak Apartments (Attached Multifamily) Page 2 of 6 Special Use Permit Page 9 of 39

10 Planning Department Staff Report Utilities This property will be served by the City of Georgetown for electric, water, and wastewater when developed. It is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Zoning District The existing zoning district for this site is Local Commercial (C-1), which is intended to provide areas for commercial and retail activities that primarily serve residential areas. In 2014 the City Council amended the UDC to require approval of a Special Use Permit to allow apartments in the C-1 district, rather than permit them by right. In amending the UDC, the following specific conditions/limitations for multifamily projects in the C-1 District were added (UDC Section E): 1. The location and context of the attached multifamily development shall be secondary and supportive to established surrounding commercial uses helping to facilitate an active, pedestrian friendly environment where the mixture of uses enables people to live, work, play and shop. 2. Impervious coverage is limited to 50%. The impervious coverage for non-residential development in C-1 is 70%. 3. The front setbacks shall be in conformance with the front setback of the district (25 ft). The side (10 ft) and rear setbacks (0 ft) shall be the same as in the C-1 District except if adjacent to residential zoning district, then side and rear setbacks shall increase to 30 ft. 4. Building height shall be in conformance with the height of the district in which the attached multifamily development is proposed (35 ft). 5. The minimum separation of 15 feet shall be provided between all buildings on the site. 6. All attached multifamily developments in the C-1 District shall comply with the Building Design Standards in UDC Section 7.04, Lighting Design Standards of Section 7.05 and Non-Residential Landscape Requirements of Section Attached multifamily in C-1 District shall comply with Common Amenity Area requirements of UDC Section and the Parkland Dedication requirements of Section Staff Analysis The Williams Drive corridor between Shell Road and Lakeway is a stretch of roadway that significantly varies in use, age, scale of devleopment, and location in the city and out of the city. A corrdior which was once a primary rural residential corridor with commercial strip centers or corners is now evolving into a corrdior that provides goods and services to the current and future residential homes that are located both north and south of Williams Drive. Live Oak Apartments (Attached Multifamily) Page 3 of 6 Special Use Permit Page 10 of 39

11 Planning Department Staff Report Staff has reviewed the applicant s request and justification for development of multifamily on a acre commercial lot. The following are the pertinent sections of the UDC related to this request: 1. Section 3.07 Special Use Permit; see section below for review and approval criteria. 2. Section Residential Use Limitations Section C of the UDC states that 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 shall consider the following criteria in its review: 1. The proposed special use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. The subject property fronts on Williams Drive, between a restaurant and an assisted living community, and abuts a single family home which takes access off of Williams Drive. It does not appear that the proposed project will be directly injurious or detrimental to the public health, welfare or safety in the neighborhood. It also does not appear that this development will improve or take steps to advance solutions to the challenge of transportation/ traffic problems in this area. As connectivity challenges exist, as they do here, and automobile dependency increases, as they will if additional residents are added without additional vehicle and pedestrian improvements to Williams Drive, the indirect impact of this development will be felt by surrounding neighborhoods. If approved, the development would need to comply with the minimum required development standards in the C-1 District and the on-site residential use limitations in UDC Section The proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surrounding area. The proposed layout consists of multiple 3 story apartment buildings with one entrance/exit onto Williams Drive. Staff has determined that there are no significant development standards that are not consistent with the UDC. If the Special Use Permit is approved, the applicant will be required to submit a Site Development Plan for review and approval where staff will review the development standards in more detail than the conceptual plan. However, the siting of the multifamily development on a commercially zoned property fronting a Major Arterial does not appear to be harmonious with the stated intent of the of the C-1 District and the Mixed Use Neighborhood Center future land use category. The proposed use of a stand-alone multifamily development surrounded by 40 acres of multifamily zoned properties to the north and east does not appear to contribute to the goal of a mix of neighborhood-serving commercial uses. If the development included a commercial component in the project area fronting Williams Drive with the residential units located behind or if the subject property was developed commercially with the entitled multi-family tract behind the subject property the request would align with the goals for land use and character of the area. Live Oak Apartments (Attached Multifamily) Page 4 of 6 Special Use Permit Page 11 of 39

12 Planning Department Staff Report 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. From a water and wastewater perspective the development is responsible for ensuring adequate water and wastewater infrastructure is available to the site. As connectivity challenges exist, as they do here, and automobile dependency increases, as they will if additional residents are added without additional vehicle and pedestrian improvements to Williams Drive, a traffic impact will be experienced on Williams Drive by all users. 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. If approved, the project will be responsible for meeting all City codes and ordinances to protect from impacts such as noise, glare, fumes, dust, smoke, vibration, or fire hazard within the vicinity. 5. The location and context of the attached multifamily development shall be secondary and supportive to established surrounding commercial uses helping to facilitate an active, pedestrian friendly environment where the mixture of uses enables people to live, work, play and shop. The location and the context of the proposed development is not secondary and supportive to established commercial uses since the property is surrounded by 40 acres of MF-2 zoned property to the north and east. There is a commercial lot with a stand alone restaurant to the west and small commercial strip centers across Williams Drive mostly located within the ETJ. Findings Based on all information presented, staff has made the following findings: 1. The intent of the C-1 District is to provide areas of commercial and retail activities that primarily serve residential areas. The proposed development appears to be more consistent with the MF-1 zoning designation. The UDC has identified MF-1 designations to be most appropriate adjacent to both residential and non-residential districts and may serve as a transition between single-family districts and more intense multifamily or commercial districts. In this case, the applicant is proposing a multifamily development along a commercially zoned and planned corridor. 2. The SUP requirements stated in the UDC identify multi-family developments in C-1 designations to be secondary and supportive to established surrounding commercial uses helping to facilitate an active, pedestrian friendly environment where the mixture of uses enables people to live, work, play and shop. The proposed multifamily development does not appear to be secondary and supportive to surrounding commercial uses due to the size of the subject property and the size of the surrounding multi-family developed and undeveloped property. Live Oak Apartments (Attached Multifamily) Page 5 of 6 Special Use Permit Page 12 of 39

13 Planning Department Staff Report 3. The intent of the Mixed Use Neighborhood Center category in the 2030 Comprehensive Plan is to provide neighborhood serving commercial uses, which may include stand alone high density residential development as part of a mix of uses. In this case, the proposed development is a stand-alone multifamily development with no commercial component in an area surrounded by 40 acres of High Density Multifamily Districts to the north and east. Staff Recommendation Staff recommends denial of the applicant s request based on the above-mentioned findings. Public Comments As required by the Unified Development Code, all property owners within a 200 foot radius of the subject property that are located within City limits (8 notices mailed) were notified of the rezoning application, a legal notice advertising the public hearing was placed in the Sun Newspaper and signs were posted on-site. To date, no written or verbal comments in support or against the applicant s proposal have been received by staff. Attachments Attachment 1 Location Map Attachment 2 Future Land Use Map Attachment 3 Zoning Map Attachment 4 Aerial Map Attachment 5 - Conceptual Plan Live Oak Apartments (Attached Multifamily) Page 6 of 6 Special Use Permit Page 13 of 39

14 DB st Blvd Location Map SUP Exhibit #1 Legend Site Parcels City Limits Georgetown ETJ gg Rd Del Webb Blvd Sedro Trl Airport Rd Williams Dr Shell Rd S hell Rd Wood Rd Williams Dr S erenad a Dr Lakeway Dr Booty's Crossing Lakeway Dr N R d Williams Dr N orthwe Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only Page 14 of 39 ( R i v e r / S t r e a m ) Mi ry Blvd N Austin Ave

15 Future Land Use / Overall Transportation Plan SUP Exhibit #2 Legend Site Parcels City Limits Georgetown ETJ WILLIAMS DR SHELL RD Legend Thoroughfare Existing Collector Existing Freeway Existing Major Arterial D B WOOD RD SERENADA DR NORTHWEST BLVD Existing Minor Arterial Existing Ramp Proposed Collector Proposed Freeway Propsed Frontage Road WILLIAMS DR Proposed Major Arterial Proposed Minor Arterial Proposed Railroad Future Land Use Institutional Regional Commercial Community Commercial Ag / Rural Residential Employment Center High Density Residential Low Density Residential Mining Mixed Use Community Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only 0 ¼ ½ ¾ Mi Page 15 of 39 BOOTYS CROSSING RD WILLIAM

16 Zoning Information SUP Exhibit #3 Legend Site Parcels City Limits Georgetown ETJ WILLIAMS DR SHELL RD D B WOOD RD SERENADA DR NORTHWEST BLVD WILLIAMS DR Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only 0 ¼ ½ ¾ Page 16 of 39 Mi BOOTYS CROSSING RD WILLIAM

17 SUP Legend Site City Limits MANZANITA DR D AD DR R PA L OM A A IST W ES P A R A D A LA DR W IL L IA MS DR W IL L IA MS DR W IL L IA MS DR IA MS ES TR DR NT O U C Page 17 of RY 0 U CO RY NT WI LL RD 0.2 Mi PL N TO N RL SU T O WE CO UN DF L RD W IN TR Y RD W ILL Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet Cartographic Data For General Planning Purposes Only DR IA MS DR EL LA X ING RA DA AD PA W AR ESP ES DR OM A PA L DR DR A LA RD ITA AD EV IA MS VERD E VISTA A D VER W IL L ES PA R DR OM R W AL LA P D R MA R A G IA MS D MI RA DR LA WI LL PA RA DA MI RI QU W ES A M R Aerial W

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19 Local Commercial (C 1) District District Development Standards Maximum Building Height = 35 feet Front Setback = 25 feet Bufferyard = 15 feet with plantings Maximum Building Size =.5 FAR (0 feet for build to/downtown) adjacent to AG, RE, RL, RS, TF, MH, (only applies to those uses Side Setback = 10 feet MF 1, or MF 2 districts marked with * below) Side Setback to Residential = 15 feet Rear Setback = 0 feet Rear Setback to Residential = 25 feet Specific Uses Allowed within the District Allowed by Right Subject to Limitations Special Use Permit (SUP) Required Agricultural Sales* Activity Center (youth/senior) Event Facility Artisan Studio/Gallery* Bar/Tavern/Pub Meat Market Assisted Living Bed and Breakfast (with events) Multifamily Attached Automotive Parts Sales (indoor)* Business/Trade School Personal Services Restricted Banking/Financial Services* Car Wash Private Transport Dispatch Facility Blood/Plasma Center* Church (with columbarium) Student Housing Consumer Repair* College/University Dry Cleaning Service* Commercial Recreation Emergency Services Station Community Center Farmer's Market* Dance Hall/Night Club Fitness Center* Day Care (group/commercial) Food Catering Services* Fuel Sales Funeral Home* Live Music/Entertainment General Retail* Micro Brewery/Winery General Office* Neighborhood Amenity Center Government/Postal Office Park (neighborhood/regional) Group Home (7+ residents) Pest Control/Janitorial Services Home Health Care Services* Self Storage (indoor only) Hospital School (Elementary, Middle, High) Hotel/Inn (excluding extended stay) Theater (movie/live) Integrated Office Center* Upper story Residential Landscape/Garden Sales* Wireless Transmission Facility (<41') Laundromat* Library/Museum Medical Diagnostic Center* Medical Office/Clinic/Complex* Membership Club/Lodge* Nature Preserve/Community Garden Nursing/Convalescent/Hospice Parking Lot (commercial/park n ride) Personal Services* Printing/Mailing/Copying Services* Restaurant (general/drive through)* Rooming/Boarding House Social Service Facility Surgery/Post Surgery Recovery* Urgent Care Facility* Utilities (Minor/Intermediate/Major) Veterinary Clinic (indoor only)* Page 19 of 39

20 City of Georgetown, Texas Planning and Zoning June 7, 2016 SUBJECT: Public Hearing and possible action on a request to Rezone approximately acres in the Joseph Fish Survey, located at 4700 Williams Drive, from the Local Commercial (C-1) and Office (OF) Districts to 9.99 acres of the High Density Multifamily (MF-2) District and acres of the Low Density Multifamily (MF- 1) District. (REZ , Merritt Heritage Senior Village) Mike Elabarger, Senior Planner ITEM SUMMARY: Background: The applicant has requested to rezone the subject property from the Office (OF) and Local Commercial (C-1) Districts to acres of the Low Density Multifamily (MF-1) District and acres of the High Density Multifamily (MF-2) District. An approximately three-acre portion of the tract at the hard corner of Woodlake and Williams Drive is not subject to this rezoning request and will remain zoned Local Commercial District. Public Comment: To date, no written public comments have been received. One verbal comment in opposition was received by staff. Staff Recommendation: Staff recommends denial of the request to rezone the acres to the MF-1 and MF-2 Districts. FINANCIAL IMPACT: None studied at this time. SUBMITTED BY: Mike Elabarger, Senior Planner and Sofia Nelson, CNU-A, Planning Director ATTACHMENTS: Description Staff Report Attachment 1 - Future Land Use Attachment 2 - Existing Zoning Attachment 3 - Proposed Zoning Districts Attachment 4 - Office District Standards/Uses Attachment 5 - Local Commercial District Standards/Uses Attachment 6 - Low Density Multifamily District Standards/Uses Attachment 7 - High Density Multifamily District Standards/Uses Type Cover Memo Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Page 20 of 39

21 Georgetown Planning Department Staff Report Report Date: June 1, 2016 File No: REZ Project Planner: Mike Elabarger, Senior Planner Item Details Project Name: Merritt Heritage Senior Village Project Address: 4700 Williams Drive Location: Southeast Corner of Woodlake Drive and Williams Drive Total Acreage: acres Legal Description: acres out of the Joseph Fish Survey Applicant: Property Owner: Contact: Blake Rue Andice Development Company Blake Rue Existing Use: Undeveloped Land Existing Zoning: Office (OF), ac. / Local Commercial (C 1), ac. (See Exhibits 4 & 5) Proposed Zoning: Low Density Multifamily (MF 1) District acres (See Exhibit 6) High Density Multifamily (MF 2) District acres (See Exhibit 7) Future Land Use: Mixed Use Neighborhood Center (MUNC) Growth Tier: Tier 1A (Developed/Redeveloping Growth Area) Overview of Applicant s Request The applicant has requested to rezone the subject property from the Office (OF) and Local Commercial (C 1) Districts to acres of the Low Density Multifamily (MF 1) District and acres of the High Density Multifamily (MF 2) District. An approximately three acre portion of the tract not subject to this rezoning request and will remain zoned Local Commercial District. Site Information Location: The property is located on the south side of Williams Drive, between Cedar Lake Boulevard and Woodlake Drive, approximately one quarter mile west of the Shell/DB Woods intersection with Williams Drive. The location is in front of the neighborhood known as Terraces of Woodlake (subdivided as Woodlake, Phases 3 and 4), which contains about 160 homes. Physical Characteristics: The property has approximately 450 feet of frontage on Williams Drive, and is an L shaped tract. There is a stand of trees on the southern end that runs the width of the property, and Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 21 of 39 Page 1 of 8

22 Planning Department Staff Report several dumping mounds of rock and other refuse. Nearest Williams Drive, the land is cleared. A tree survey has not yet been submitted, and thus the number of Protected or Heritage trees is unknown. It is generally flat and devoid of any discernible natural features. The property is bounded by three roadways, with Woodlake Drive and Cedar Lake Boulevard classified as Residential Collectors, and Willliams Drive being a Major Arterial. Surrounding Properties: Location Zoning Districts Future Land Use Existing Use Local Commercial (C 1) and Mixed Use Neighborhood Undeveloped, Office, North Agriculture (AG) Center Commercial South Residential Single Family (RS) Low Density Residential Single family residential Local Commercial (C 1) and Mixed Use Neighborhood East Undeveloped land Office (OF) Center Mixed Use Neighborhood Undeveloped land, daycare West Local Commercial (C 1) Center center Property History This property was formerly a part of a 34 acre contiguous tract bounded by the Woodlake residences and Wildwood, Woodlake, and Williams Drives. Cedar Lake Boulevard was extended in 2015 to Williams Drive, bisecting the tract into two halves, with this property the western half. A one thousand foot wide swath centered on Williams Drive (then FM 2338) was annexed by the City in 1995, laying the foundation for the growth of the City westward. That annexation covered most, but not all, of this subject property. The remainder, and all the property that became the Woodlake subdivision, was subsequently annexed in Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 2 of 8 Page 22 of 39

23 Planning Department Staff Report The initial zoning of the property (post annexation) was completed in two parts, and included the entire 34 acre original tract. Ordinance rezoned a ac portion the area of this property nearest the Terraces of Woodlake neighborhood (see Exhibit 3) from Agriculture (AG) to a district known as Office and Service Uses (RM 3). With the adoption of the Unified Development Code in 2003, RM 3 became the Office (OF) District. Ordinance rezoned the remainder of this subject property from Agriculture (AG) to Local Commercial (C 1). In 2013, the property was again rezoned, enlarging the Office (OF) District to acres and reducing the Local Commercial (C 1) District to acres. Attachments 4 and 5 provide information on the development standards and permitted uses within the existing Districts Comprehensive Plan Future Land Use: The 2030 Future Land Use category for this site is Mixed Use Neighborhood Center (MUNC). The category extends along both sides of Williams Drive from Rivery Boulevard to just past this property, a length of three and a half (3.5) miles. The 2030 Plan describes the MUNC category as applying to smaller areas of mixed commercial use adjacent to or within existing and new residential neighborhoods. As with the other mixed use categories, the goal is to create a diversity of integrated uses oriented in a pedestrian friendly manner that encrourages less vehicular trips. These neighborhood serving mixed use areas abut roadway corridors or are often located at key intersections that proivde limited retail goods and services to a local customer base. Appropriate uses in these areas might include small grocery or corner stores, coffee shops, personal services such as beauty or barber shops, as well as small professional offices and upper story apartments. Stand alone multifamily development may be considered appropriate within this category, depending on the mix of adjacent uses and integration with the overall area. The overall intent of the MUNC land use category is to identify certain areas of the City that would support localized personal services and retail locations for neighborhood goods and services, rather than large commercial development and high traffic generating uses, which are more appropriate in nodes of the Community or Regional Commercial categories. Just southeast of this property is land designated for Community Commercial, one of three commercial intersection nodes between this location and Interstate 35; See Attachement 1. Growth Tier: All areas of the City and ETJ are assigned 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, Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 3 of 8 Page 23 of 39

24 Planning Department Staff Report where growth is desired to occur. This property is Tier 1A, described as: Tier 1A designates 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). Transportation The subject site is bound by two Residential Collector roadways, and a Major Arterial (Williams Drive). The Woodlake Drive intersection with Williams has been signalized for several years, and is currently a three way intersection. When Verde Vista (a Collector level roadway on the City s Overall Transportation Plan) is extended over to Williams Drive from it s current terminus, it will form the fourth leg of the intersection. Cedar Lake Boulevard was recently extended from the Woodlake subdivision out to Williams Drive, creating another access opportunity for the property. Currently this is a full access intersection, yet ultimately Williams Drive will contain a median division, thus limiting Cedar Lake to right in/right out turning movements. Development of the subject property will determine where driveways are located, through the Site Development Plan review process. Woodlake Drive and Cedar Lake Boulevard are spaced approximately 1,150 feet apart, which could possibly allow for another driveway onto Williams Drive that meets the current 425 foot spacing for roadways with 50 mile per hour posted speed limits. The two adjacent Collector roadways would provide additional driveway access options. A Traffic Impact Analysis may be required with the submittal of a Site Development Review application to further analyze traffic impact, depending on the number of multifamily units that are proposed. Utilities The developer will be responsible for studying the existing utility infrastructure that are below Utility Master Plan sizes (12 lines or smaller ) prior to the next stages of the development process (subdivision platting). During the 2013 rezoning process, the then applicant received positive information regarding the ability of the City to provide water and wastewater for a level of development anticipated within Office and Local Commercial Districts. Utility Evaluations are snap shots in time, and are non binding. That being said, it is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Proposed Zoning Districts The Low Density (MF 1) and High Density (MF 2) Multifamily Districts accommodate multifamily residential development; either detached (one or two units per structure) or attached Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 4 of 8 Page 24 of 39

25 Planning Department Staff Report (multiple units per structure). MF 1 allows both uses, while MF 2 allows only attached dwelling units. The MF 2 district allows for a density of up to 24 dwelling units per acre, while the MF 1 district is limited to 14 units per acre. Both districts may serve as transition districts between residential neighborhoods and more intense uses and should have access to major thoroughfares without routing traffic through lower density residential areas. Below is an excerpt from Attachment 3, which is the applicant s proposed zoning districts. The table below compares the major development standards for each proposed district under the Unified Development Code. Sections and : MF 1 MF 2 Maximum dwellings per Acre Maximum dwelings per Structure Maximum building height Minimum front/street building setback Minimum side building setback (to Residential District) 10 (20 ) 15 (30 ) Minimum rear building setback (to Residential District) 10 (20 ) 15 (30 ) Common Amenity and/or Recreation Areas Yes Yes Parkland Dedication or fees in lieu Yes Yes Bufferyards (adjacent AG, RE, RL, RS, TF, TH, MH Districts) Yes Yes Gateway, streetyard, parking lot landscaping as applicable Yes Yes Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 5 of 8 Page 25 of 39

26 Planning Department Staff Report Staff Analysis The subject property is located within the Mixed Use Neighborhood Center future land use designation. The proposed MF 1 and MF 2 districts are not inconsistent with the Comprehensive Plan, specifically the future land use category, and therefore can be considered without a Comprehensive Plan Amendment. However, in full review of the 2030 Plan, including the goals and policies, staff has determined the proposed zoning districts do not best implement the community s long range plans, as detailed in the Plan. One of the overarching themes of the 2030 Plan is a reduction in automobile trips through development that serves both residential and commercial uses. Ideally, the Plan promotes development that is compact with denser dwelling units intermixed with commercial retail and services, and even employment where possible. While true mixed use development cannot be implemented at all locations across the city, the proximity of the services to residential uses is key in promoting walkability and localizing personal services to reduce congestion along major thoroughfares such as Williams Drive. The 2030 Comprehensive Plan encourages a balanced mix of land uses through protection of commercial properties: Encourage a balanced mix of residential, commercial, and employment uses at varying densities and intensities, to reflect a gradual transition from urban to suburban to rural development. Reserve and rezone land ideally suited for long term commercial and employment uses and prevent its use for residential subdivisions. Residential development in the western part of the city and the ETJ continues to expand at a rapid pace. To date, non residential commercial and retail development that would provide services to these residents has not yet filled in the gaps. Over the last few years, developments and land zoned for development in this in this quadrant of the city have largely been residential in nature, including assisted living facilities and senior housing. These developments serve a need in the community, but do not further the goal of having sales tax and employmentgenerating investment in strategic locations. The City s goal of bringing commercial development to within proximity of residential will be realized by having available land for that type of use. Currently, retail and commercial zoning districts make up just over 9% of the land area of the city limits. The 2030 Future Land Use Plan aims for more like 17% of commercial and mixed use area within the city limits. As the surrounding area becomes more residential with the explosion of Municipal Utility Districts (MUDs) and continued strong growth in the estate lot market (ETJ one acre plus lots served by septic systems), prime locations for retail/service uses will become more scarce and valuable. To that end, the City Council has recently embarked on a major review of retail opportunities within the community by hiring Catalyst Development out of Dallas. This study, paired with the Williams Drive Study currently underway, will help identify Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 6 of 8 Page 26 of 39

27 Planning Department Staff Report and create an action plan for remaining commercial development along this and other key corridors in town. The 2030 Plan supports multifamily development in various future land use categories, particularly if multifamily is a component of mixed use development and/or develops as part of a Planned Unit Development (PUD) project. Although the specific category of High Density Residential is the most appropriate for the use, every category from Regional Commercial (most intense) to Moderate Density Residential can potentially be appropriate for multifamily development. The driving factor is the appropriateness considering the site location, adjacent land uses, and accommodation of infrastructure. General Findings: Staff has reviewed the requested rezoning application and, based on the information presented, staff offers the following findings: 1. The intent of the Mixed Use Neighborhood Center category in the 2030 Comprehensive Plan is to provide neighborhood serving commercial uses, which may include stand alone high density residential development as part of a mix of uses. The proposed districts would remove the possibility of this property serving the existing and future residents with services and retail options as they would be an independent, stand alone residential project with no commercial component. 2. The current zoning more than adequately fulfills the Mixed Use Neighborhood Center category from a straight zoning district perspective. City Council has twice approved Office and Local Commercial zoning districts on this property, in concert with the Future Land Use map and Comprehensive Plan. The property, and the entire 34 acre parent tract, was purposefully set aside in front of a single family subdivision for non residential uses in order to serve that neighborhood and other neighborhoods in the general vicinity. The subject property is suitable for this purpose due to its excellent access via two signalized intersections with Williams Drive and connection to a future roadway that provides access to Georgetown Village and Shell Road. 3. Rezoning this property from commercial and office to multifamily will not improve or take steps to advance solutions to the challenge of transportation/ traffic problems along Williams Drive, as acreage that could have provided services to residents in the area will simply add more residents that will need to travel Williams Drive to seek retail services. 4. The siting of a multifamily development on a commercial corridor fronting a Major Arterial does not appear to be harmonious with the stated intent of the Mixed Use Neighborhood Center. The proposed use of a stand alone multifamily development at this particular location, removing the potential benefit of service and retail uses, builds upon an imbalance in the overall land use mix of the corridor. Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 7 of 8 Page 27 of 39

28 Planning Department Staff Report 5. Development under the existing zoning would make this property a destination point for residents already within the Williams Drive corridor (and western Georgetown). Rezoning to enable a multifamily use would invert the traffic impacts, making the property the beginning point of trips (to other destination points). Staff Recommendation Staff recommends denial of the applicant s request based on the above mentioned findings. Public Comments As required by the Unified Development Code, all property owners within a 200 foot radius of the subject property and within City jurisdiction were notified of the rezoning application (34 notices mailed); a legal notice advertising the public hearing was placed in the Sun Newspaper on May 22, 2016; and multiple signs were posted on the property. To date, one verbal comment against the applicant s proposal has been received by staff. Attachments Attachment 1 Future Land Use Map Attachment 2 Zoning Map Attachment 3 Proposed Zoning District Exhibit Attachment 4 Office District Standards & Uses Attachment 5 Local Commercial District Standards & Uses Attachment 6 High Density Multifamily District Standards & Uses Attachment 7 Low Density Multifamily District Standards & Uses Merritt Heritage Rezoning C 1/OF to MF 1 and MF 2 Page 8 of 8 Page 28 of 39