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HomeMy WebLinkAboutMinutes_P&Z_11.06.2001 P&Z Meeting November 6, 2001 Page 1 Minutes Planning and Zoning Commission City of Georgetown, TX Tuesday, November 6, 2001 AT 6:00 P.M. Patrick Walsh, Chair, called the October 2, 2001, Planning and Zoning meeting to order at 6:06 p.m. Other commissioners present were Gabe Sansing, Vice-Chair, Richard Glasco, Marjorie Herbert, Audrey McDonald, and Robert Seamans. Absent from the meeting were Chris Aadnesen and Audrey McDonald. Staff present were Amelia Sondgeroth, Development Services Director, Tammye Sharpe, Staff Recorder, Carla Benton, Development Planner, Melissa Murphy, Development Planner, Jim Babcock, Development Technician, and Patricia Carls, City Attorney. 1. Action from Executive Session - None Consent Agenda 2. Consideration of the Minutes of the October 2, 2001, Planning and Zoning Commission Meeting. 3. Consideration and possible action on a Record Final Plat of 27.36 acres in the John Berry Survey, to be known as Chisholm Park Subdivision, Phase 1, located on County Road 152. 4. Consideration and possible action on Public Hearing for a Variance to the Subdivision Regulations for Shell’s Addition, Block 18, Lot 1, located a 603 East 7th Street. Patrick Walsh informed the Commissioners that this item was removed from the agenda per the request of the applicant. 5. Consideration and possible action on Public Hearing for an Amendment to the PUD Standards for the Planned Unit Development Escalera Ranch Concept Plan, to include Escalera Ranch, Section One, and Escalera Ranch, Section Two, located on FM 2243 (Leander Road) four miles west of IH 35. Gabe Sansing made the motion to approve the consent agenda items, 2, 3 and 5. Robert Seamans seconded the motion. The motion passed with a vote of 5-0. Regular Agenda 6. Consideration and possible action on Public Hearing for a Detailed Development Plan of Williamson County Criminal Justice Facility, Block , Lot 1, and City of Georgetown, Block 22, part of Lots 1, 2, & 3, known as the Williamson County Criminal Justice Facility, located at 405 Martin Luther King Street, with variances to the Subdivision Regulations. Carla Benton gave staff presentation. Judge John Doerfler, whose work address is 710 Main, Suite 201, Georgetown, TX, was in favor of the Detailed Development Plan. Doerfler said that the County had been looking for other sites, one in Taylor, and the second at the Inner Loop, but felt that the expansion of the existing site was the best. Jim Broaddus, employed with the firm that is managing the project for Williamson County, gave commissioners a hand-out (attached). Broaddus brought out that the impervious coverage was going from 20% to a minimal 34%, the parking garage could be used by the public after hours and would accommodate 465 cars, and a neighborhood compatibility study was done by the County. Don Greer, in favor of the expansion at the existing site, said the new proposed courthouse addition would be the public entry and P&Z Meeting November 6, 2001 Page 2 explained the look of the pedestrian plaza and the enhanced landscaping. Greer confirmed the plan to remove the pedestrian bridge required by the Fire Marshall to allow better vehicle access and the replacement by an underground tunnel for secure prisoner transport. Broaddus said that the garage and the jail will be construction on the side where there are commercial buildings (east side), and the courthouse would be constructed on the residential side (west side). Sheriff John Maspero, Williamson County Sheriff, who lives at 510 E 15th Street gave his presentation in support of the additional building of the jail at its present location. Maspero pointed out that the existing jail is the central booking facility, and all prisoners would be released out of that facility regardless where they had been housed. Transportation of all prisoners would be less of a risk with the new facility’s design because the prisoners would never leaves the building by taking a tunnel path to the courthouse and back after Court appearance, said Maspero. Maspero said there were measures being taken to present the safety issues to residents for them to understand the process and the safety measures involved with dealing with the prisoners. Broaddus said the parking for jury call would be a problem during the construction phase, but the garage would be where the jury would park when finished. Greer said that it was inefficient to build upward because it would split court departments. Broaddus said because of the future construction, the economist said the residents that are adjacent to the site (11 residents) could be impacted by $140,000.00 by not being rented. Broaddus said that the creation of additional local jobs created would be 23.2 million dollars (additional payroll) over 3 years. Broaddus said there had been a meeting with the neighborhood focus group in late July and found that the neighborhood wanted to stop the project, but the County was willing to discuss the findings of the neighborhood study with them anytime. Sheriff Maspero said the site should be good for 13 to14 years. Glasco has concerns that the impact study was incomplete and for the neighborhood’s children living and playing so close to the jail. Maspero said the existing site was the safest place as far as he was concerned because the prisoners are self-contained with the new facility, and would not see the light of day until released. Ronald Swain, President of the TRG Neighborhood Association had concerns about the neighborhood impact study being made by someone who was not impartial, and that the study itself was not comprehensive. Swain’s other concerns were about the safety of the surrounding area of the jail, the released prisoners into the neighborhood, escaped prisoners, and neighborhood preservation. Edward Lee declined to speak. Joyce Perry, 405 W 2nd Street, opposed any variances to the Standards. Perry said the neighborhood was being “boxed in” and that there would be more than 11 homes to be impacted by the noise of the construction. Perry asked the commissioners support to move the facility, and informed the board that there was over 132 years of heritage in their neighborhood. Both Perry and Della Green, 1901 Vine Street, had concerns of the scale of the project and the traffic problem that would have an impact to the neighborhood and to Austin Avenue, and did not support the variances requested by the county. Don Martin, a downtown landowner and a consultant with Williamson County, pointed out that the county was building on land that they already owned, that they were building out to blend in with the City’s structures, and the county would make a jail that fits into the historical design. Doerfler said he was open to any solutions. Walsh suggested that everything be moved to another site. Doerfler said the facility had be somewhere there is water and sewer. Herbert said she understood the neighborhood’s concerns about future building of the justice facility and where it would go, and sees a real need for an avenue of healing that would address the impact to the subdivision. Sansing brought up that the function of the Planning and Zoning commission was to deal with the request for variances, only. Seamans said that he was in favor of variances D, but did not fully support the other requests. Herbert said that in regards to the variances, they were minimal compared to the impact that this was to the neighborhood - the location itself is the problem here. Sansing said he was in favor of the variances. Walsh made the motion to approve the Detailed Development Plan for Williamson County Criminal Justice Facility, Block 2, Lot 1 and City of Georgetown, Block 22, parts of Lots 1, 2, and 3 with approval of the variances of the Subdivision Regulations to allow 1) a driveway width to exceed 30 feet, 2) driveway separation between driveways to be less than 125 feet, 3) driveway separation between driveways and intersections to P&Z Meeting November 6, 2001 Page 3 be less than 50 feet, and 4) an increase to the building coverage to 34%, after making the required findings of fact, provided the Technical Issues are addressed prior to City Council consideration. Findings of fact being 1) the public convenience and welfare will be substantially served because the expansion is designed to minimize the impact on residential neighborhood; and 2) the appropriate use of surrounding property will not be substantially or permanently impaired or diminished because the variance will locate the greater portion of the expansion and development closer to the C-2 (commercial) district to the east; and 3) the applicant has not created the hardship from which relief is sought because the development is being designed to provide an efficient traffic flow which meets emergency access needs and state standards for a criminal justice facility; and 4) the variances will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property because circumstances surrounding a governmental development of a criminal justice facility are not comparable within the community; and 5) the hardship from which relief is sought is not solely of an economic nature because the expansion of an existing facility is not an effort to eliminate cost; and 6) the variance is not contrary to the public interest because it is crating an efficient co- location of related governmental services and providing a parking garage to alleviate on-street parking in the single family district; and 7) due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship in trying to provide an efficient design while also meeting state requirements; and 8) in granting the variance the spirit of the ordinance is observed and substantial justice is done. Gabe Sansing seconded the motion. Motion passed with a vote of 4-1, Richard Glasco objecting. City attorney verified the vote was valid. 7. Joseph Fish Survey, from A, Agricultural, to RS, residential Single Family, RM-3, office and Service District and C-1, Local Commercial, to be known as Woodlake Subdivision, located along RM 2338 (Williams Drive) from Shell Road. Carla Benton gave staff presentation. Tom Watts, who represents the applicant, and employed at Ralph Harris Surveying Co., said the northern part of the tract is the only part that is in question with the staff. Watts said the land has no neighbors to effect, Williams Drive is an major arterial urban street, there are plans for a 5 lane street, and the area above this property was going to be zoned C-1. Watts said that the applicant does not have a market for RM-3, but has commercial interests already. Watts said that the applicant has complied with the ordinance in telling the City what he was proposing to use, and he has followed that up with his rezoning request after the property was annexed, and the owner was in compliance with all the various requirements, and should be zoned as the applicant requested. Robert Buffkin declined to speak unless there was any opposition to clear up. Marjorie Herbert said she was in favor of the staff's recommendation of not allowing the C-1 zoning because she sees the wisdom in not wanting any more commercial for the total community - wants residential and commercial mix. Watts said that the land should be zoned to what it can be developed at so the properties around can be aware of what it will be like before buying, and that Georgetown should have establishments that service the community. Robert Buffkin, President of Andice Development, said that if he put a bank on the corner, that would take C-1 zoning. Glasco asked what was allowable under the RM-3. Benton read the RM-3 and the C-1 uses. Herbert brought up the traffic problems that could possibly be brought by having endless commercial establishments up and down the road with such a long strip of land, and feels by giving this property C-1 zoning, there would be loss of control over the land and it's uses. Herbert voiced her concern of the future of what Williams Drive and what downtown Georgetown was going to be like, and the vitality of downtown usage being strong. Glasco, Seamans and Sansing all agreed with granting C-1 zoning, and would like to see restaurants on Williams Drive. Seamans and Walsh agreed that the best usage of the larger tract would be to build a more beneficial establishment. Sansing said that he hoped that Buffkin would encourage proper development and follow the design guidelines. Sansing made the motion to approve the rezoning of 118.34 acres in the Joseph Fish Survey to be known as Woodlake Subdivision from A, Agricultural to a combination of RS, Residential Single Family, RM-3, office and service and C-1, local commercial as drawn in Exhibit A-1 of the staff report, located on P&Z Meeting November 6, 2001 Page 4 Williams Drive across from Shell Road (attached). Robert Seamans seconded the motion. Motion passed with a vote of 4-1, with Marjorie Herbert voting against. Walsh called for a recess at 9:00 p.m. Meeting reconvened at 9:09 p.m. 8. Consideration and possible action on Public Hearing for a Rezoning of 131.02 acres out of the William Addison Survey, from A, Agricultural, to R-HD, Residential High Density, to be known as University Park, Unit Two, and located on Southwestern Boulevard. Melissa Murphy made the staff presentation. Seamans asked about the traffic study. Murphy said that they do not need a traffic study, but they were planning connectivity by bringing SummerCrest Boulevard through the subdivision, which will be a collective street, and they will tie into Churchill Farms by Churchill Farms Drive. Walsh clarified that the staff's primary objection was the mass of the homes and also the high density of the development. Seamans asked what kind of homes that they were talking about in this area. Murphy said that they would be Lennar Homes, KB Homes, and Main Street Homes. Sansing asked the R-HD lot side. Murphy informed Sansing that the R-HD lot size was as small as 3,500 sq. ft., but the applicant was proposing a minimal lot size of 5,000 sq. ft., and said that RS lot size was 6,000 sq. ft. Applicant and owner, John Biggar, said that affordable housing was something that Georgetown needed, with housing that starts from $110,000 and goes up to $140,000. Biggar said that all 549 lots are under contract by three of the largest builders in the United States. Biggar brought out that he felt like Murphy used wrong calculations to calculate parkland area. Murphy said that the calculations he was referring to changed on April 25, 2001, being 1 acre dedication per 50 lots. Walsh asked if the Parks Board had reviewed and approved the current figuration of the parkland. Murphy said that they had approved it with all the subdivision having R-HD zoning. Sondgeroth apologized to the applicant that he had not received the information that was new to him until now, but confirmed that all his calculations and procedure up to now for residential high density were correct. Biggar said that he did not understand the comment of #3 under the Bases of Denial of the staff report. Sansing said that all that it meant was that he wanted a 6,000' lot, but wanted to still maintain the setbacks that applied to R-HD, zoning. Biggar said that they have exceeded all of the minimum requirements for R-HD zoning. Craig Biggar, co-applicant and owner, pointed out that they were making their lot sizes larger than required. Jena Walker and Linda Turner were in opposition to the subdivision because of the stormwater run off causing flooding and the traffic on Southwestern Boulevard and Hwy 29 being heavily congested. David Munk said that at this process level the applicant was not required to do a drainage study, but he will be required to do a study before any plats are developed, along with a detention pond built to regulate the water flow of any water running off properties. Munk said that the state owned State Highway 29, and so the State would control any traffic lights put on the road. Cummins and Murphy said that the data on Exhibit A of staff report did not depict an accurate account of the flood plain area. Sondgeroth said that the City was currently doing an updated stormwater study and would be available in near future. Cummins said that site wise, it would be hard to find a better suited piece of property for this development, when you look at the sewer line in the front (18' wastewater line), a 12' water line that runs through the site, and the applicants would extend Southwestern Boulevard past Raintree. Cummins said that if the R-HD did not exist, then the Biggars would be asking for variances on side setbacks and parkland dedication. Seamans and Walsh were concerned about the flood aspects, and a traffic study that was not required per the subdivision regulations. Walsh asked if the applicant could table his request for 30 days to be able to do more work with the staff. Walker asked the reasoning behind the no request for a drainage study yet. Murphy informed Walker of the process that the builders go through and when the drainage study is required. Cummins asked for the approval of the zoning and concept plan for Section One at this time. Sondgeroth clarified with the applicant the desire to proceed with the zoning request for Section One now, and then work on Sections Two and Three with staff. Sondgeroth made sure that the applicant understood that with the R-HD zoning, P&Z Meeting November 6, 2001 Page 5 parkland would be required to be within Section One and approved by Parks Board. Biggar was willing to postpone his request, but explained that there was financial impact on him by postponing. Sondgeroth made the suggestion of applicant to postpone the concept plan at this time, and to go ahead and request the straight zoning for Section One only. Cummins asked if the Commission would be able to hear the plat next month, and if he could submit the Revised Concept Plan along with the plat and the rezoning all for Section Two all at the same time. Walsh made the motion to approve the rezoning for University Park, Unit Two, Section 1, from A, Agricultural to R-HD, Residential High Density, located on Southwestern Boulevard, and have no action on Section II and Section III. Richard Seamans seconded the motion, which passed with a vote of 5-0. 9. Consideration and possible action on Public Hearing from a Concept Plan of 131.02 acres out of the William Addison Survey, to be known as University Park, Unit Two, located on Southwestern Boulevard. This item was tabled until the December meeting. 10. Consideration and possible action on Public Hearing regarding amendments to the Interim Subdivision Regulations (Ord. No. 2001-45). Consideration and possible action on amendments to he Section 80000 known as the Interim Subdivision Ordinance. Patrick Walsh made the motion to adopt the recommended amendments to the Interim Subdivision Ordinance. Marjorie Herbert seconded the motion. Seamans and Sansing both felt that there were still a number of things in the proposed Interim that needed to be changed before it was passed. Herbert said that she felt like this was a workable ordinance. Seamans was concerned about wording on page 9 of 15, E.1, and that it should be 30 days. Herbert suggested that Seamans make the motion to approve with the exceptions that he felt should be addressed/changed. Seamans said there were alot of suggestions that were made at the workshop that were not addressed. Don Martin said there were three major decisions that the P & Z should address: 1) the allotted time for filing an appeal with the Council is 10 days (pg. 9, E.1) - should be 30 days; 2) the developer should pay for the off site roadways and is responsible for the entire initial costs of road improvements & design costs (pg. 6, C.6) – the developer should pay for the internal roads, but the Ordinance is putting a large burden on commercial development that it cannot financially afford; and 3) a protected tree is any tree that measures 12” DBH or larger. (Pg13, B.2) – Martin said this was a too strenuous of a requirement. Sondgeroth said that the Ordinance was not a perfect ordinance and there are policy issues to be resolved, but staff needed an ordinance that could be used to review applications with as they came in. Herbert said that she felt that the City Council and workshops could address the policy disagreements. Seamans was very unhappy with the wording in parts of the Ordinance and thought there was favoritism shown to the City. Glasco said that the Ordinance was a work in progress. Sondgeroth said that there was a committee set up by the Council with two P & Z members, Robert Seamans and Marjorie Herbert, on the committee, to outline the zoning and subdivision regulations. Again, Walsh made the motion to approve the recommended amendments to the Interim Subdivision Regulations (Ord. No. 2001-45). Marjorie Herbert seconded the motion, which passed with a vote of 4-0, with Sansing abstaining from voting. 11. Staff comments and reports. a. Council action update. - Not addressed. b. Director’s report – Future Land Use open house and Round table discussion at Georgetown ISD Board Room, located at 603 Lakeway Drive, THURSDAY, NOVEMBER 15, 2001, at 7:00 – 9:00 p.m. Amelia Sondgeroth invited all the commissioners to come to the open house Director's report. Sondgeroth told the Commissioners about the Open House on Thursday, November 15, 2001, at 7-9, at the Georgetown High School cafeteria, the topic is "Future Land Use". There will a consultant that will be assisting the discussion. P&Z Meeting November 6, 2001 Page 6 12. Commissioners comments and reports. None Marjorie Herbert made the motion to adjourn. Richard Glascoe seconded. Motion passed with 5-0 vote. Meeting was adjourned at 10.34 p.m. /tas