HomeMy WebLinkAboutMinutes_P&Z_07.06.2000Minutes
Planning and Zoning Commission of the
City of Georgetown, Texas
Thursday, July 6, 2000
Chair, Patrick Walsh called the meeting to order at 6:14 p.m. Other Commissioners present were
Jack Noble, Marjorie Herbert, Charles Parker, Don Nadon and Sarah Milburn. Gabe Sansing was
absent. Staff members present were Ed Barry, Director, Cathy Riedel, Assistant City Attorney, Scot t
Ingalls, Chief Development Planner, James Baker, Development Planner, David Munk, Development
Engineer, Carla Benton, Development Technician, Brian Mabry, Planning Intern and Janis Russell,
Recording Secretary.
1. Action from Executive Session - None
Consent Agenda
2. Consideration and possible action on the Minutes of the June 6, 2000, Planning and Zoning
Commission Meeting.
3. Consideration and possible action on a Variance to the Subdivision Regulations for Bouffard
Subdivision, Lot 1, located at 2400 N. Austin Avenue, known as Bouffard Mini Storage.
4. Public Review Final Plat of 50.85 acres in the John Sutherland and Lewis P. Dyches Surveys,
to be known as The Woods of Fountainwood, Phase 3, located on Wood Craft Trail, with
Variances to the Subdivision Regulations.
5. Consideration and possible action on a Record Final Plat of 6.64 acres in the William Addison
Survey, to be known as Georgian Place, Phase II-C, located on Canterbury Trail, Leeds Castle
Walk and Georgian Drive.
6. Consideration and possible action on a Rezoning of Lost Addition, a 0.165 acre part of Block
69, from RS, Residential Single Family to RM-1, Multi-Family, or any more restrictive district,
located at 310 West University Avenue.
8. Consideration and possible action on a Short Form Record Final Plat of Southside Addition,
0.28 acres out of Block 13, located at 507 E. 18th Street, with Variances to the Subdivision
Regulations.
9. Consideration and possible action on a Record Final Plat of 72.656 acres in the Daniel Monroe
and Frederick Foy Surveys, to be known as The Planned Unit Development of Sun City
Georgetown, Phase 4-A, Neighborhood Fifteen, located along Sun City Boulevard and Texas
Drive.
10. Consideration and possible action on a Public Review Final Plat of 77.51 acres in the John
Sutherland Survey, to be known as Westlake of the Woods, Phase 2, located adjacent to
Phases 1A and 1B, along the proposed Highland Spring Lane, with Variances to the
Subdivision Regulations.
11. Consideration and possible action on a Public Review Final Plat of 42.45 acres in the
Woodruff Stubblefield Survey, to be known as White Rock Estates, Phase Three, located on
CR106, with Variances to the Subdivision Regulations.
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Agenda Item # 7 was pulled from the agenda to be considered individually by the Commission. Jack
Noble made a motion to approve the remainder of the Consent Agenda. Don Nadon seconded th e
motion which passed by a vote of 6-0.
Regular Agenda
7. Consideration and possible action on a Public Review Final Plat of the Resubdivision of
Northlake Subdivision, Section B, Block 6, Lot 1, to be known as Ashley Moore Subdivision,
located at the intersection of Ridgewood Road and FM3405, with Variances to the Subdivision
Regulations. Carla Benton gave the staff report and recommendation. Charles Parker asked
about the lots behind this tract and if they need access to FM3405. Carla responded that they
are smaller tracts with access to other streets. Marjorie Herbert asked how much park land
would be required if fees were not accepted. Carla Benton responded that applicants may pay
fees in-lieu if the park land is less than an acre. In this case, the required park land would be
about .10 of an acre. The fee is $225 per lot of a subdivision. Edward and Deborah Markovitz,
111 Frontier Trail, addressed the Commission. They asked if the variances were not granted
how many lots would be in the subdivision and stated that they were concerned with congestion
and changing the character of the neighborhood. Carla Benton responded that the minimum
lot size is one acre and these lots do exceed that and provide for septic systems. She also s aid
that the Variances would not be needed and more lots could be provided if the applicant went
with a “loop street” design, rather than the one proposed. Ed Barry stated that the original
proposal was to take access off FM3405, and the access point would have been within several
hundred feet of Ridgewood, so rather than have the intersections so close, the redesigned
“dumbbell” configuration was preferable. Ms. Markovitz stated her concern for setting a
precedent for other tracts in this area to subdivide. Carla Benton responded that any new
subdivisions would have to meet the City’s standards. Patrick Walsh asked about wastewater
to this subdivision. Ed Barry responded that City wastewater to this tact is not in the
foreseeable future. Jim Cummins, agent for the applicant, addressed the Commission. He
stated that this plat meets the existing restrictions of Northlake. Lots 6 and 7 could potentially
be subdivided, but neither is likely to. Sarah Milburn stated that she supported accommodating
the access off FM3405 with dumbbell design, which necessitates the variances. Don Nadon,
Jack Noble, Charles Parker and Marjorie Herbert agreed with Ms. Milburn. Patrick Walsh stated
that he supported the “dumbbell” design as opposed to the horseshoe loop. After the
discussion, Sarah Milburn made a motion to approve the Public Review Final Plat of the
Resubdivision of Northlake Subdivision, Section B, Block 6, Lot 1, to be known as Ashley Moore
Subdivision, provided the Technical Issues are addressed prior to Cit y Council consideration,
with approval of the requested variances, thereby allowing:
A cul-de-sac length to exceed 500 feet (Section 33030 N.2.)
The minimum width of the front property line to be less than the required 85 feet,
(Section 36050), and
Lots to be allowed to have frontage on two non-intersecting streets (Section 34020
C.3.a.), after making the required findings of fact.
Jack Noble seconded the motion which passed by a vote of 6-0.
12. Consideration and possible action on a Variance to the Subdivision Regulations for Woods at
Berry Creek, Phase One, Block P, Lot 8, located at 130 Brentwood Drive. Carla Benton
gave the staff report and recommendation. Kim Lawlis, the applicant, addressed the
Commission and showed a map of her neighborhood of other lots with similar fences. She
stated that the request is for a fence to be placed 11 feet from the curb. Safety is a concern, as
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well as pets needing to be contained, and a 3 foot fence would not accomplish this. Ed Barry
stated that if the Commission is comfortable in granting this variance, and with as many
requests as we’ve had for it, the fence ordinance probably needs to be revisited. Cathy Riedel
voiced her concern with the findings of fact and finding the “special conditions” or distinction of
each request. Patrick Walsh asked that the application be rephrased. Sarah Milburn made a
motion to postpone action on this item until before or after Agenda Item #14 of the agenda.
Charles Parker seconded the motion which passed by a vote of 4-0-2. Marjorie Herbert and
Jack Noble abstained from voting. At 8:25 p.m., Carla Benton and Ms. Lawlis came back with
revisions to the application, findings of fact and exhibit. Ms. Lawlis restated the hardships
being heavy construction all around the house, and safety for children playing in the yard.
Marjorie Herbert stated that she could not make unique findings of fact. Sarah Milburn stated
that she couldn’t see the difference in this one and previous ones that have been approved.
Marjorie Herbert stated that the Commission shouldn’t approve just because of past cases.
Sarah Milburn stated that she felt that it was a separate issue between agreeing with the
ordinance or not and acting upon this request. Patrick Walsh stated that the Commission will
make a recommendation to Council that the fence requirements be reviewed. Don Nadon
stated that he had no reservations in granting this variance. Jack Noble stated that he felt the
Commission should inform the Council that they have concern with the fence ordinance, and
will support the staff recommendation. Charles Parker stated that since there was no opposition
from the neighborhood, and he felt that there was a hardship, and to be fair, he would vote in
favor of granting the variance. Patrick Walsh asked that the ordinance discussion be put on
next month’s agenda. Marjorie Herbert made a motion to deny a Variance to Section 37040 B.
of the Subdivision Regulations for the Woods at Berry Creek, Phase One, Block P, Lot 8,
located at 130 Brentwood Drive, to install a six foot tall privacy fence at the property line along
Meadow Green Drive. Jack Noble seconded the motion which failed to pass with a 3-3 vote.
Sarah Milburn, Don Nadon and Charles Parker voted against the motion to deny. After more
discussion, Jack Noble made a motion to send the request on to City Council without a
recommendation and recommended to Council that the location and height of fences as
outlined in the Subdivision Regulations be reviewed. Charles Parker seconded the motion
which passed by a 6-0 vote.
13. Consideration and possible action on a Concept Plan of Rivery Subdivision Conveyance Plat,
Lot 3, to be known as The Rivery Park, located on the South IH35 frontage road and the
proposed Rivery Boulevard. Scott Ingalls gave the staff report and recommendation. (Before
the meeting, Bruce Barton handed out a letter to the Commissioners regarding the developer’s
participation in the Rivery bridge.) Bruce Barton addressed the Commission. He stated that
the meaning of the letter was to question what a Development Agreement would look like today,
and specifically for this smaller tract. He stated that the applicant wished to develop 7 acres of
the 88 acres of Rivery Park at this time, using the current zoning, with half of Rivery Boulevard
being built to the back of the property and a waste water line extended to the back of the
property. Marjorie Herbert asked if there was knowledge of what kind of demand and traffic
flow this development would have. Bruce Barton responded that nothing specific is planned
yet. Ms. Herbert asked about plans for the remainder of the tract. Mr. Barton stated that at this
point he did not know what would be built on the remainder of the tract. Jane Montgomery, of
803 Country Club Road, addressed the Commission. She asked Mr. Barton to explain where
these lots are as depicted on the overhead exhibit. She stated that this area is a Carst II type
limestone and ecologically fragile and could be damaged. She stated that our water could also
be damaged if there was construction in this area. She stated that wildlife is coming into her
yard because of the construction so far. The oak wilt has come from the south and d estroyed
all but one of her oak trees. She stated her concern for light and noise pollution. Bruce
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Barton responded to Ms. Montgomery and stated that much more detail will be provided at the
plat and Detailed Development Plan stages.
(7:50 to 8:00 - electrical difficulty) The tape recorder stopped working at this point in the
meeting. More discussion of the condition regarding the Rivery Bridge followed. Ed Barry
stated that normally, plat recordation triggers fiscal surety. Charles Parker asked if this 7
acre tract could trigger the need for the bridge and Rivery Boulevard extension. Ed Barry
responded that these 7 acres probably would not facilitate a need, but the condition will be
attached to the land and these developers will have to participate in the building of the bridge.
Charles Parker asked about the development agreement and if they would have to start all
over. Ed Barry responded that whether it’s an agreement or some kind of fiscal surety for the
bridge, each developer should take part. It could be two separate development agreements,
instead of a three-way agreement, with the City. He stated that the main thing is the timing for
the improvements and how the costs are allocated. Jack Noble stated that he felt that the
developer should agree to participate in a portion of the bridge. Patrick Walsh agreed and
stated that funding is fairly wide open at this point. Sarah Milburn made a motion to approve
the Concept Plan for The Rivery Subdivision, Lot 3 to be known as Rivery Park, Lots 1A and 1B
with the condition that a development agreement between the City and the developer be
approved to address the development of the Rivery Bridge prior to City Council consideration of
the Public Review Final Plat. Marjorie Herbert seconded the motion which passed by a vote of
6-0.
Charles Parker left the meeting at this point.
14. Staff comments and reports.
a. Council action update - James Baker updated the Commission on the June City Council
meetings.
b. Discussion and possible action on revisions to the Planning and Zoning Commission
By-Laws. Scott Ingalls handed out suggested revisions. Patrick Walsh made a motion to
approve the revisions. Marjorie Herbert seconded the motion which passed by a vote
of 5-0. (Ms. Herbert asked that the ordinance from the Municipal Code be attached to
the By-Laws.)
c. Set time and date for workshop. The Commissioners received a Memo from the Mayor
inviting them to a workshop on July 25, 2000.
d. Discussion of implications of staff shortage. Ed Barry informed the Commission that
staff would like to streamline staff reports and go in to more detail at the meeting.
Background and/or “history” of a project, would be included where pertinent. Patrick
Walsh asked that the Project Coordinator’s last name be put on the footer of the staff
report, in case a commissioner needed to call with questions.
15. Commission comments and reports.
a. Discussion of Division Mission, staff role and Commission expectations of staff. This
was discussed during Agenda Item #14d.
b. Discussion and possible action on adjusting the August, 2000, P&Z meeting date.
Marjorie Herbert and Patrick Walsh will be gone for the regularly scheduled August
meeting. After discussion, the August meeting was moved to Thursday, August 10th.
c. Discuss possible Commission budget issues. Patrick Walsh suggested outreach to
neighborhood groups and/or youth groups.
With no further business, the meeting was adjourned at 9:25 p.m.
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