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HomeMy WebLinkAboutMinutes_P&Z_08.10.2000Minutes Planning and Zoning Commission of the City of Georgetown, Texas Thursday, August 10, 2000 Chair, Patrick Walsh called the meeting to order at 6:05 p.m. Other Commissioners present were Jack Noble, Marjorie Herbert, Charles Parker, Gabe Sansing and Sarah Milburn. Don Nadon was absent. Staff members present were Ed Barry, Director, Cathy Riedel, Assistant City Attorney, James Baker, Development Planner, David Munk, Development Engineer, Carla Benton, Development Technician, Jim Babcock, Development Technician, Abe Yirgou, Building Plan Reviewer, 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 July 6, 2000, Planning and Zoning Commission Meeting. 3. Consideration and possible action on a Public Review Final Plat of 15.62 acres in the D. Monroe, J. Sutherland and A.W. Williams Surveys, to be known as Fountainwood Plaza, located at 5299 to 5658 RM2338 (Williams Drive), with Variances to the Subdivision Regulations. This item was pulled from the agenda at the request of the applicant. 4. Consideration and possible action on a Record Final Plat of 6.752 acres in the Antonio Flores Survey, to be known as The Planned Unit Development of Katy Crossing, Section Five, located along Bastian Lane, with Variances to the Subdivision Regulations. 5. Consideration and possible action on a Rezoning of 4.35 acres in the Clement Stubblefield Survey, from RS, Residential Single Family and RP, Residential Planned District to C-1, Local Commercial, or any more restrictive district, located on Railroad Street. Charles Parker made a motion to recommend approval of Agenda Items 2, 4 and 5 of the Consent Agenda. Jack Noble seconded the motion which passed by a vote of 6-0. Regular Agenda 6. Consideration and possible action on a Rezoning with a Site Plan as required by the Zoning Ordinance, with Variances to the Subdivision Regulations and Zoning Ordinance, from RS, Residential Single Family, to RP, Residential Planned, or any more restrictive district, for Snyder Addition, 0.661 acres out of the easterly part of Block 7, located at 1008 E. University Avenue. Ed Barry gave the staff report and recommendation. John and Sue Wiley, the applicants, were present and addressed the Commission and clarified how they intended to operate the proposed Bed and Breakfast:  They hoped to rent rooms to Southwestern parents and visiting faculty; and possibly UT parents, as well as neighbor’s relatives.  They will be the on-site managers.  There will be no delivery trucks except maybe an occasional UPS truck.  There will be no dumpsters.  They will maintain the outside with more landscaping and add a sprinkler system.  A 6' privacy fence will be constructed.  There will be no lights on poles.  They wish to maintain the look of a residence. The following citizens spoke in favor of the rezoning application: Liz Atherton, Mary Beth Magrum, John Milburn, and Carolyn Martin. Renee Hanson, representing the Heart of P&Z Meeting August 10, 2000 Page 2 L:\DIVISION\CD\PLANNING\P&Z\MINUTES\2000\AUG10.00 Georgetown Neighborhood Association supported the request if a maximum length of stay was established and if a provision is made that states that if the property is not operated as a Bed and Breakfast for one year, the zoning would revert back to RS, Residential Single Family. Eb Girvin, owner of 1209 Olive Street, addressed the Commission and stated that he objected to the request because the parking lot is proposed to be located on such a narrow street and if 16 -17 people had breakfast there each morning, there would a lot of garbage, with spillage, overflow and flies. Skip Morse, 1202 Laurel Street, spoke in opposition to the rezoning because he felt that the rezoning would bring more commercialization into the neighborhood; it would cause a decline in historical features; a B&B is the same as hotels and motels and will destroy t he University Avenue corridor. He encouraged the Commission to respect the integrity of the neighborhood and recommend denial of the rezoning request. James Tressimer, 1102 E. 13th, addressed the Commission and stated that this project will increase traff ic in the area and cause utility problems such as blackouts and low water pressure. Donald and Eugenia Harrell, 1304 Olive, both stated that they had no objections to the proposed B&B. Thomas Nichols, 1506 Elm Street and a member of the Design Guidelines Committee stated that this type of development is what the committee is advocating. He handed out pictures that addressed the setback variance request. He spoke in favor of reducing the setback to 10' on 13th street to save trees. Gabe Sansing stated that he was in favor of the proposed rezoning. Sarah Milburn stated that she too was in favor and thought that it was a wonderful use for this property on University Avenue. She also pointed out that the CVB supports the request. Marjorie Herbert stated th at she had concerns for the legality of rezoning reverting back to RS as requested by the Heart of Georgetown Neighborhood Association. Cathy Reidel responded that restrictions could be placed on the motion. Ed Barry stated that reversions have been done in the past but that in this case, the RP zoning stipulates B&B use only, or “any more restrictive district”. RS is the more restrictive district, so a “reversion” clause is not necessary. Marjorie Herbert stated that she wa s in favor of the rezoning, with proposed restrictions. Charles Parker stated that more people were in favor of the request, than opposed, so he was in favor of the request. Jack Noble stated that he supported the request with the length of stay requirement. Patrick Walsh agreed with those in favor and with staff recommendation with variances. Sarah Milburn asked that the motion be flexible on parking in the setback in order to save trees. She agreed with the number of parking spaces recommended by staff. Patrick Walsh read a letter from the CVB supporting the rezoning. After the discussion, Marjorie Herbert made a motion to approve the Rezoning for Snyder Addition, 0.661 acres out of the easterly part of Block 7 from RS, Residential Single Family to RP, Residential Planned District, with the attached site plan for the purpose of operating a Bed and Breakfast in an existing residence and to allow a 6 foot privacy fence to be built closer than the 25 foot setback; subject to the following conditions: 1. The use of the property is restricted to use for a Bed and Breakfast or any use permitted in the RS - Residential Single Family Zoning District; 2. Use of the property for a Bed and Breakfast shall require an on-site resident manager; 3. The preparation and serving of food is restricted to overnight guests; 4. Hosting of social events or meetings is prohibited; 5. No dumpster as a receptacle of garbage shall be located on site; and 6. Length of stay for guests is limited to 14 consecutive nights. The site plan, as submitted, is acceptable. Sarah Milburn seconded the motion which passed by a vote of 6-0. The Commission recessed at 7:15 p.m and reconvened at 7:23 p.m. 7. Consideration and possible action on a Detailed Development Plan for Midway Business Park, Lot 1, to be known as Barrett Mitsubishi, located on John Hamilton Parkway, with Variances to the Subdivision Regulations and Zoning Ordinance. Ed Barry gave the staff report and recommendation. Mike Hampton, applicant, was present and showed colored elevations of the building. George Vaughn, the architect, responded to questions from the Commission. Gabe P&Z Meeting August 10, 2000 Page 3 L:\DIVISION\CD\PLANNING\P&Z\MINUTES\2000\AUG10.00 Sansing stated that it’s hard to soften a car dealership and was in favor of the request. Sarah Milburn stated that she was in favor of the request and variances; Marjorie Herbert was not in favor of waiving landscaping requirement for the auto display parking area and suggested possibly some landscape islands. Ed Barry responded that they are not waiving landscaping, but the landscaping will be in other areas of the property. Charles Parker was in favor of the project. Jack Noble shared Marjorie Herbert’s concern on landscaping. Patrick Walsh supported the project as submitted. Mike Hampton responded that the location of trees and shrubs is not an issue and they will do whatever the Commission requires. Gabe Sansing pointed out that the islands in the display area parking lot would need to be irrigated and would be hard to maintain. After the discussion, Sarah Milburn made a motion to approve the Detailed Development Plan of Barrett Mitsubishi, provided the Technical Issues are addressed prior to City Council consideration. Approval of the requested variance to Section 34020F3 of the Subdivision Regulations to allow more than one driveway access for a corner lot; Table 33030A of the Subdivision Regulations to allow a driveway closer than the required 125 foot separation; Section 37030F of the Subdivision Regulations to waive the landscaping requirement for the auto display parking area; and Section 5.502 of the Zoning Ordinance regarding the requirement for building articulation, after making the required findings of fact. Gabe Sansing seconded the motion which failed to pass with a 4-2 vote (Marjorie Herbert and Jack Noble voted opposed). Both Marjorie Herbert and Jack Noble stated that they did not want the development to be held up because of the lack of landscaping in the display area. Jack Noble made a motion to reconsider the motion. Marjorie Herbert seconded the motion which passed by a vote of 6-0. The previous motion and second then passed by a vote of 6-0. 8. Consideration and possible action on a Rezoning of Quail Meadow, Unit 1, Block 7, Lot 6, from RS, Residential Single Family to RM-3, Office and Service Use District, or any more restrictive district, located at 701 River Bend Drive. James Baker gave the staff report and recommendation. Brenda Limmer, the applicant and owner was present. Candy Linch addressed the Commission in support of the applicant, stating that the entrance will be on Mesquite and will not intrude into the neighborhood and that the property is better maintained now than a year ago because it is no longer a rental unit. Nelma Wilkinson, 907 River Bend, stated that she was opposed to the request because a barrier needs to be established between residential and commercial properties. Herb Wade, president of the Country Club Area Homeowner’s Association, spoke opposed to the request. Brenda Limmer stated that she had polled the property owners and at that time they had no problem with the rezoning. Jack Noble asked why she wanted to rezone if she already ran the beauty salon from there. Ms Limmer stated that she wished to add a salon coordinator. All Commissioners supported denial of the requested rezoning. Jack Noble made a motion to deny the requested rezoning of Quail Meadow, Unit 1, Block 7, Lot 6, from RS, Residential Single Family to RM-3, Residential-Office and Service Use District, located at 701 River Bend Drive. Gabe Sansing seconded the motion which passed by a vote of 6-0. 9. Consideration and possible action on a Rezoning of San Gabriel Estates, Lots 1, 2, 3, 23, and 24, from RS, Residential Single Family, to C-1, Commercial-First Height, or any more restrictive district, located at the west corner of Williams Drive and Booty’s Crossing Road. Consideration and possible action on a Public Review Final Plat of the Resubdivision of San Gabriel Estates, Lots 1, 2, 3, 23 and 24, located at the west corner of Williams Drive and Booty’s Crossing Road, with possible Variances to the Subdivision Regulations. Carla Benton gave the staff report and recommendation . Renee Hanson, representing Bobby Frederickson, addressed the Commission and informed the Commission that an agreement had been reached with surrounding property owners regarding a 150' strip along Booty’s Crossing Road on Lot 1B to rezone to RM3, Restricted to not allow multifamily. Cecil Ray, representing residents of River Bend, addressed the Commission and voiced traffic P&Z Meeting August 10, 2000 Page 4 L:\DIVISION\CD\PLANNING\P&Z\MINUTES\2000\AUG10.00 concerns since the River Bend subdivision has only one entrance/exit on Booty’s Road. David Vernooy, representing Riverbend Village II residents stated that they would like to see traffic on Booty’s Road minimized, so they are favorable of 2 driveways on Williams Drive. Jacqueline Malloy, Village One stated that she supported the agreement with the developer, the second driveway cut on Williams Drive and complemented the developer on working with the property owners. Noel Pittman, 212 Village Drive stated that he originally objected to C-1, but now supports the application with the second driveway on Williams Drive and the 150' RM-3 zoning. Gabe Sansing stated that he supported the RM3 buffer and second driveway on Williams Drive with a right turn-in and right turn-out design. Sarah Milburn, Marjorie Herbert and Charles Parker supported the request as revised and commended the developer and surrounding property owners for working together. Jack Noble agreed but thought it was a mistake to line up the driveway with Sonic’s driveway across Williams Drive. Patrick Walsh supported the request with 2 driveways because of the shape of the lot. Gabe Sansing asked about a deceleration lane along Williams Drive. John Nelson of Fisher Hagood, stated that TXDOT was not in favor of a deceleration lane, but accepted the 2 driveway cuts on Williams Drive. Patrick Walsh proposed a 10 minute recess to draft the Findings of Fact. Ed Barry stated that the staff, with the applicant, can draft the Findings of Fact. Sarah Milburn made a motion to postpone voting on Regular Agenda item #9 until later in the session and return after consideration of Agenda Item #10. Marjorie Herbert seconded the motion which passed by a vote of 6-0. Patrick Walsh made a motion to recommend approval of the requested Rezoning of San Gabriel Estates, Lots 1, 2, 3, 23 and 24, from RS, Residential Single Family, to C-1, Local Commercial and RM-3 Restricted (no duplexes, triplexes or apartments) , Office and Service District, or any more restrictive district; and approval of the Public Review Final Plat of the Resubdivision of San Gabriel Estates, Lots 1, 2, 3, 23 and 24, provided the Technical Issues are addressed prior to City Council consideration, with approval of the requested variances to Section 34020 F. 2 & 3. and Table 33030A of the Subdivision Regulations for a joint driveway cut allowing Lot 1A, a corner lot, to have direct access from Williams Drive (driveway will be for right-turn in and right-turn out only); and to allow the proposed driveway separations to be closer than the required 450 feet, after making the required findings of fact. Jack Noble seconded the motion which passed by a vote of 6-0. 10. Consideration and possible action on a Revised Detailed Development Plan for a 30.29 acre portion of Lot 1 in the Amended Frost and Benold Subdivision for Georgetown Independent School District’s Benold Middle School, located at 2407 Northwest Boulevard, with Variances to the Subdivision Regulations. Ed Barry gave the staff report and recommendation. Dr. Jim Gunn addressed the Commission. Patrick Wals h asked why there is no fencing around playgrounds to control. Dr. Gunn stated that there are 2 playgrounds and the children go from one to another. Sarah Milburn asked how many buses would go through the neighborhood and the response was 22 buses. She asked if this access is opened, how could the school district restrict cars from using the Arrowhead entrance. The response was that a school resource officer would be on duty to monitor who uses the driveway. Randy Adair informed the Commission of the bus schedule from 7:45 to 8:45 in the morning and 3:00 to 3:45 in the afternoon. The ESE program starts at 3:00 p.m. at Frost and Benold has an afternoon program starting at 3:57. Kathleen Watson addressed the Commission and was in favor of putting the buses on the public street instead of through the playground. Stan Mauldin, a Thornwood resident, stated that he felt that this may be moving the safety issue to another area because of the children walking to school from the Emerald Springs subdivision. He st ated that the school district should look at gating or fencing on the inside of school property. Don Prifogle, a Thornwood resident, voiced his concern for risk and safety shifting from a controlled environment of the school to a residential environment. He stated that today there were 18 cars parked on Thornwood, which has no sidewalks, on both sides of the street, to pick up kids from school. These kids are in danger too, especially with buses running down the streets, while they are walking to their parents cars. He suggested keeping the children in until buses are through P&Z Meeting August 10, 2000 Page 5 L:\DIVISION\CD\PLANNING\P&Z\MINUTES\2000\AUG10.00 running. Jesse Hoke of 107 Arrowhead Lane, addressed the Commission with his concerns. He stated that children walking to and from school are also in danger. An alternative suggestio n would be fence it, gate it and monitor the gates (on the playgrounds). Mr. Hoke stated that the proposed revision just shifts the risk. Sarah Milburn felt that the proposed revision would be going from a controlled environment to an uncontrolled environment and it is not right to route buses through the neighborhood. Gabe Sansing stated that he supported fencing and gating and not re-routing. Marjorie Herbert was in favor of re-routing. She stated that the people who choose to bring their children or let them walk to school, have the risk. The school district is responsible for the safety of children on the buses and in the program on the school campus. She felt that the school district has the greatest risk and fewer options. Charles Parker agreed with Marjorie Herbert and stated that the safety risk to the students far outweighs the inconvenience to the residents. Jack Noble stated that Arrowhead and Thornwood are so narrow and he did not feel like this was a win/win situation and asked if there w ere any other options. Marjorie Herbert asked how many children are involved in the ESE program. Jan Williams, director of the program responded that they had 60 children that day, with a maximum capacity of 85 K-2nd grade students. Patrick Walsh asked about a driveway on to Northwest Boulevard from the school property. He stated that he opposed the revision, especially with no sidewalks on Arrowhead. Sarah Milburn suggested that GISD re-work the solution, because both risks are great. Patrick Walsh suggested tabling this item until the September meeting to allow GISD to work with surrounding residents and look for an engineered solution. Marjorie Herbert made a motion to aprove the DDP revision as submitted. Charles Parker seconded the motion which failed to pass with a vote of 2-4 (Gabe Sansing, Sarah Milburn, Patrick Walsh and Jack Noble opposed). Patrick Walsh made a motion to table until the next P&Z meeting with a request for GISD to explore alternatives and communicate with surrounding residents . Sarah Milburn seconded the motion which passed by a vote of 4-2 (Marjorie Herbert and Charles Parker opposed). Patrick Walsh stated that he would write a letter to the City Council for the August 22nd City Council meeting to explain the Commission’s action on this item. Sarah Milburn made a motion to move Agenda Items #11 and #12 to the September P&Z meeting. Gabe Sansing seconded the motion which passed by a vote of 6-0. 11. Staff comments and reports. a. Council action update. b. Discussion of Rear Setbacks for Accessory Structures 12. Commission comments and reports. a. Discussion of Findings of Fact With no further business, the meeting was adjourned at 10:05 p.m.