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HomeMy WebLinkAboutORD 890012 - REZ from RS to C2-ATHE REZONING OF LOTS 7 & 8 AND PART OF LOTS 1 & 2, BLOCK 26 OF THE CITY OF GEORGETOWN FROM THE RESIDENTIAL SINGLE FAMILY (RS) DISTRICT TO THE COMMERCIAL FIRST HEIGHT (C2-A)DISTRICT. Project #01609 Owner/Applicant: Agent: REQUEST: FACTS: Brad & Suzanne Goen 503 Main Georgetown, 863-4659 f W. H. Connor 1107 Main Street Georgetown, Texas 78626 863-4576 Rezoning from the Residential Single -Family (RS) district to the Commercial First Height (C2 -A) district of Lots 7 & 8 and part of Lots 1 & 2 of the original town site of the City of Georgetown Location: The property at 503 Main Street is the site of the Gingham Goose day care center. It is located at the southeast corner of Main and 5th Streets. The property occupies the northwest quarter of the block bounded by 5th, 6th, Main and Church streets. Surrounding Zoning: The zoning of the property surrounding this tract is shown in Exhibit A. The parcel to the south of the subject property is zoned C -2B. The remainder of the surrounding property is zoned RS. Surrounding Uses: The surrounding uses are shown in Exhibit Be Adjacent to and south of the subject property is a large residential structure which is being used for a law office. The adjacent lots to the southeast are single family residences. The block to the north is occupied by a single family residence. Northwest and west of the property are vacant lots. Southwest of the property are two single family dwellings. Existing Use: The site is currently being used as a day care center. Proposed Use: No change in use is proposed. Development Plan: District 1. The plan recommends single family residential at this location. -. ..^S S. i f +C1 �I 1 i RM3 II i c1 • W�3RD STREET' -. CO � W E �p—^ 1 Yf l i 4 04TH �STREET ( C2 jjj t s , -.RSA A fl 1 �n �'. . RS 15THT STREET. m]RS 7 fC 2 qAC 23A rRS r .�.j_. _� .• , '' i ,yo- ., }: s 02 ic1 f Ca2B,. .7TH STREET C28r" r C2�--.. _ .. CC 2 A _. . s{ t BM FM rA l s + { ! 2 t ®.1.�• i'j 1A 6 MIDQLE I .. Oil- RM3 tt C2A R jRMI�- 7 SCALE® 1 ®14' 01 M1 p 1 r ♦ t ? � I i 4 _i •j t ®.1.�• i'j 1A 6 MIDQLE I .. Oil- RM3 tt C2A R jRMI�- 7 SCALE® 1 ®14' 01 M1 p 1 r ♦ t ? � I i t ®.1.�• i'j 1A 6 MIDQLE I .. Oil- RM3 tt C2A R jRMI�- 7 SCALE® 1 ®14' 01 M1 p 1 t ? � I i 4 _i t ®.1.�• i'j 1A 6 MIDQLE I .. Oil- RM3 tt C2A R jRMI�- 7 SCALE® 1 ®14' 01 M1 p 1 gn -' ©fl 36.7 4TH STREET 737.2 � x x i t- r_ 7 History: In May, 1984, the owners received a special permit to operate a day care center under the following conditions. A: A maximum of 34 children be allowed. B. Applicants must reside at that location. y Ce If applicants sell the property, special permit use will cease. D. A yearly review will be conducted. Notification: In July, 1985, the Goens requested amendment of conditions A & B, which limited the number of children allowed on the site and required that the site remain the residence of the center's operators. After considerable debate in public hearings, the Planning and Zoning Commission recommended denial of the request. While a majority of the City Council supported the request, the 3-1 vote was insufficient to override the Commission °s recommendation. Proper notification advertising this request was completed. Property Owner's Comments: At the time of publication of this report, two of the 15 property owners within 200 feet of the site had returned written comments (see attachments). Wayne Perry, who owns the property to the east of the day care center, objects to the proposed rezoning. In a conversation with staff, Mr. Perry explained that he had problems with day care children throwing rocks into his back yard. Morris Evans, who also lives on the east side of the block, objects to the proposal. He has chosen to reserve his comments for the P&Z and City Council meetings. ANALYSIS: Land Use: The proposed zoning of C -2A would allow a wide variety of uses to occupy the site. These include: auto and truck repair shops, garages, car washes, auto sales and numerous other intense commercial activities. Given the broad range of uses permitted by right in the C2 -A district and the lack of compatibility standards in the zoning regulations, C2 -A zoning could create compatibility problems with the surrounding residences. Gingham Goose at 503 Main St. - Rezoning 3 The agent has stated that the rezoning is being sought to gain the right to use the site as a day care center without the conditions attached to the special permit. The Office and Service Use (RM -3) zoning district would permit the continued operation of the day care center by right. The district would also permit personal service shops, offices smaller than 5000 square feet and any of the uses allowed in the Dense Multi -Family (RM -2) zoning district. The current use of the site provides easy access to child care for parents working in the downtown area. With improved buffering, the use could provide a good transition between the downtown commercial district and adjacent neighborhoods. Streets. The site does not currently have any off-street parking or loading zones accessible to parents dropping off their children. The ordinance requires two off-street parking spaces for each classroom. The 2 classrooms in Gingham Goose would require 4 parking spaces. The City currently has no requirements for loading facilities at day care centers. The heavy on -street parking by downtown workers creates competition for curb space. Consequently, loading and unloading children at peak hours can be hazardous.` The day care center at 5th and Austin Avenue has a semi -circular drive for loading and unloading children. While at peak hours traffic from the loading zone queues in the street, this arrangement improves the safety for children using the facility. When consulted about existing traffic problems in the vicinity, the Police Chief stated that a loading loop extending from Main Street to 5th Street would improve the safety of the facility. The Chief also recommended the provision of sufficient off-street parking for the center's van. Given the recommendations of the Chief and off-street parking requirements, a driveway for loading and unloading children would satisfy the intent of patron parking requirements. Gingham Goose at 503 Main St. - Rezoning 4 Site Plan: The City Council, on September 22, 1987, ap- proved a resolution encouraging applicants requesting rezoning to the R -O, RM -1, RM -2, RM -3, C-1, C2 -A, C2 -B and I districts to submit either a site plan or a plat. Such a site -plan or plat should demonstrate the compatibility of a proposed project with surrounding properties and existing infrastructure. Due to the fact that no changes in use or building size are proposed at this time, the benefits of requiring submittal of a site plan are limited. STAFF RECOMMENDATION: (October 25, 1988) The staff recommends disapproval of the requested rezoning from the Residential Single-family (RS) zoning district to the Com- mercial First Height (C2 -A) district. The staff recommends two alternatives for the Commission's and Council's consideration: 1) Approval of rezoning from the Residential Single-family (RS) zoning district to the Office and Service (RM-3)district subject to the the following conditions being satisfied within 60 days of the rezoning: a) The off-street parking requirements of the zoning ordinance shall be satisfied and a drive through, off-street loading area shall be provided. b) An opaque, solid fence at least six feet high shall be constructed along the boundary between this property and the adjacent RS properties OR 2) Approval of rezoning from the Residential Single-family (RS) zoning district to the Local Commercial (C-1) zoning district subject to a) Satisfaction of conditions 1a and lb listed above within 60 days of the rezoning; and b) A detailed development plan meeting the design of the City's subdivision regulations shall be by the Planning and Zoning Commission prior to establishment of any use not permitted by right Office and Service (RM -3) zoning district. P&Z ACTION: (November 1, 1988) Gingham Goose at 503 Main St. - Rezoning standards approved the in the 5 P&Z ACTION: (November 1, 1988) FIRST ACTION: By a vote of 7 - 0, the Commission recommended denial of the requested rezoning from the Residential Single-family (RS) zoning district to the Commercial First Height (C2 -A) district. COMMENT: The Commission recommended that if the request for rezoning is disapproved, the Council should review the special permit under which the Gingham Goose Day Care currently operates. SECOND ACTION: By a vote of 6 - 1, the Commission recommended approval of rezoning from the Residential Single-family (RS) zoning district to the Office and Service (RM -3) district subject to the the following conditions being satisfied within 60 days of the rezoning: a) The off-street parking requirements of the zoning ordinance shall be satisfied and a drive-through, off-street loading area shall be provided. b) An opaque, solid fence at least six feet high shall be constructed along the boundary between this property and the adjacent RS properties COMMENT: The dissenting Commissioner felt that a day care center was not the proper use of this site as a buffer between the downtown commercial development and the nearby residences. The Commission recommended rescinding the special permit under which the Gingham Goose Day Care currently operates upon second reading of an ordinance rezoning this property. UPDATE: As of November 15th, the Planning Department has received responses from six property owners within the legal notification area objecting to the proposed rezoning. In accordance with Sec. 14.2 of the Zoning Regulations, a 3/4 vote (at least four votes) of the City Council shall be required in order to approve the proposed rezoning. CITY COUNCIL ACTION: (November 22, 1988) By a vote of 4 - 0, the City Council approved the attached ordinance on first reading. Gingham Goose at 503 Main St. - Rezoning K-2U-1000-0000-0064 NO CE OF PUBLIC MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF GEORGETOWN, TEXAS Notice is hereby given that the City of Georgetown Planning and Zoning Commission will meet at 7:00 o`clock P•m. on the day of November 19 88 at its regular meeting place in. the Council Chambers, 101 E. 7th Street, Georgetown, Texas to consider the proposed change at 503 Main (Lot 7 & 8 and West 20 feet of Lot 1 & 2, Block 26) from residential single family +}' ( current zoning) to cxirc�i al-fir �# h i aht (C-2A? (Proposed zoning) . As one of the property owners of adjacent property:�.y&b.are invited to be present at such meeting if g you desire• t44 discuss the proposedchange or advisability of any other 'chATfge, SEE.ATTACHED,LOCATION MAP FOR FURTHER INFORMATION! t. f1 City Planning and Zoning Commission Georgetown, Texas Dated. For further information phone the City Planning Department at 863-7274 or 255-6043. PROPERTY OWNERS COMMENT Project name 503 Main r Name of respondent p` y I am in favor I object" Comments C6�411 g e Ii you wish to submit written comment it will be read luefore the Planning and Zoning Commission at the above stated time . and place: n PLEASE REPL.' TC: City of Georgetown c/o Planning Department r P.O. Box 409 S y lzz- Georgetown, Texas 78627-0409 � NO. E OF PUBLIC MEETING OF THE PLANi4ING AND ZONING COMMISSION OF THE CITY OF GEORGETOWN, TEXAS Notice is hereby given that the City of Georgetown Planning and Zoning Commission will meet at SL `-' oTclock m. on the ' day of 1 ' Ln r.> 19 at its regular meeting place in the Council Chambers, 101 E. 7th Street, Georgetown, Texas to consider the proposed change at .�O r� r• r From t" (current zoning) to (Proposed zoning). As one of the property owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed change or advisability of any other change. _SEE ATTACHED LOCATION MAP FOR FURTHER INFORMATION, City Planning and Zoning Commission / Georgetown, Texas Dated: For further information phone the City Planning Department at� 863-7274 or 255-6043. PROPERTY OWNERS COMMENT R () Project name �,✓,,�r,,s �c iPy_o3 Name of respondent I am in favor I object�- Comments If you wish to submit written comment it will be read before the Planning and Zoning Commission at the above stated time and place. PLEASE REPLY TO: City of Georgetown c/o Planning Department P.O. Box 409 Georgetown, Texas 78627-0409 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ON THE 12TH DAY OF FEBRUARY 1968, AMENDING A PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE THE PROPERTY DESCRIBED IN DEED IN VOL. 1048, PG. 922 OF THE OFFICIAL RECORDS OF MILLI SON COUNTY, TEXAS, SAID PROPERTY COMPRISING ALL OF LOTS 7 & 8 AND PART OF LOTS 1 & 2 OF THE CITY ADDITION, LOCATED AT 503 MAIN STREET IN THE CITY OF GEORGETOWN, TEXAS, FROM THE RS SINGLE FAMILY RESIDENTIAL, DISTRICT TO THE -3 OFFICE AND SERVICE DISTRICT ZONING CLASSIFICATION, ESTABLISHING CONDITIONS TO AMELIORATE CERTAIN EFFECTS FROM THE REZONING WHICH PROMOTE THE PUBLIC SAFETY AND WELFARE OF THE COMMUNITY AND REDUCE BURDENS TO ADJOINING PROPERTIES, AND RESCINDING AN EXISTING SPECIAL PERMIT; PROVIDING A SAVINGS CLAUSE. WHEREAS, an application has been made to the City Council for the purpose of changing the zoning district classification of the fallowing described real property (44the Property")0 The property described in deed in Vol. 1048, Pg. 922 of the Official Records of Williamson County, Texas, said property comprising all of Lots 7 & 8 and part of Lots 1 & 2 of the City Addition, in the City of Georgetown, Texas, said property being mapped on page two of Exhibit "A", which is attached hereto and incorporated by reference hereinr and. WHEREAS, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City, which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and WHEREAS, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and WHEREAS, the applicant for such zoning change placed on the Property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and WHEREAS, the City Planning and Zoning Commission in a meeting held on November 1, 1988, recommended the changing of said zoning district classifications provided in the Base Gingham Goose Rezoning (ml GINGGOOS) Dec 5, 1988, P. 1 of 4 Ordinance on the above described FAMILY RESIDENTIAL district to district zoning classification; and property from the RS SINGLE the RM -3 OFFICE have filed AND SERVICE WHEREAS, the City Council finds that the property and surrounding area supports a change the RS SINGLE FAMILY RESIDENTIAL district to the SERVICE district zoning classification; and nature of the of zoning from RM -3 OFFICE AND WHEREAS, the City Council hereby finds that reasonable conditions are necessary to provide for mitigation of the burdensome effect on interzone conflicts from surrounding properties by requiring certain buffering and to provide necessary off-street parking which will be necessitated by the rezoning of the property within the proposed district and that such conditions are necessary for the protection of the surrounding properties and the general public, and WHEREAS, land located the owners within two of at least hundred (200) twenty (20) feet percent of the of the Property proposed to be rezoned have filed written protests to the rezoning, and WHEREAS, have voted to at least three approve this fourths rezoning ordinance (3/4) of in the City Council accordance with state and local law, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS. Section One. All of the facts recited in the preamble hereby found by the Council to be true incorporated by reference herein and hereof, as if copied verbatim, Section Two. to this ordinance are and correct, and are expressly made a part (1) That the Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the RS SINGLE FAMILY RESIDENTIAL district to the RM -3 OFFICE AND SERVICE district. (2) The City requires the applicant for this zoning change to comply with the conditions set forth in Exhibit "A" attached hereto and incorporated by reference herein. No building permit nor certificate of occupancy shall be issued for any construction or reconstruction on such Property until the conditions are completed. The rights and obligations of the applicant for zoning change under this ordinance shall be binding upon the applicant for zoning change and any subsequent owners of the Property. Gingham Goose Rezoning (ml GINGGOOS) Dec 5, 1988, P. 2 of 4 (3) A day care center has been operated on the Property under the conditions of a special permit. Operation of the day care center as a use by right within the RM -3 Office and Service zoning district necessitates the installation of off-street parking as required by the City's zoning regulations. Said parking requirements shall be met within sixty (60) days of the rezoning of the Property. Section 3. The special permit under which the day care center located on the Property has operated is hereby rescinded. Section 4. That if any section, provision, subsection, paragraph, sentence, clause, phrase, or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Georgetown, Texas, hereby declares it would have enacted such remaining portions, despite such invalidity. READ first on this 22nd day of November, 1988. READ, PASSED AND ADOPTED this day of�,=x_, 101 , on the second and final reading. CITY OF GEORGETOWN BY TIM KENNED1. MAYOR V96i 45m LETK� F . WI LLOUGHBY CITY SECRETARY APPROVED AS TO FORM. DIANE "OALLAND CITY ATTORNEY Gingham Goose Rezoning (ml GINGGOOS) Dec 5, 1988, P. 3 of 4 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN I,LETA F. WILLOUGHBY, being the current City Secretary of the City of Georgetown, do hereby certify that the attached ordinance of the City Council of the City of Georgetown is a true and cor- rect copy of such ordinance adopted at a council meeting open to the public, and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Article 6252-17, Section 3A, VACTCS. Dated this (City Seal) LETA F. WILLOUGHBY CITY SECRETARY day of Gingham Goose Rezoning (ml GINGGOOS) Dec 5, 1988, P. 4 of 4 Property. The property described in deed Pg. 922 of the Official Records Conditions. Gingham Goose Nov 10, 1988, in Vol. 1048, of Williamson County, Texas, said property comprising all of Lots 7 & 8 and part of Lots 1 & 2 of the City Addition, in the City of Georgetown, Texas, said property being mapped on page two of this exhibit. The following condition shall be applicable to the above described Property. 1. Off-street parking requirements of the zoning ordinance shall be satisfied and a drive-through, off-street loading area shall be provided* and 2. An opaque, solid fence at least six feet high shall be constructed along the boundary between this property and the adjacent RS properties. Rezoning (ml GINGGOOS) 1 1 1 _ 4-141Y.S.TREET _ LU _ _ i •� ' r .. C 31t ( ! 1 RM3 � i ` � `• C 1 J _ M D LU It � �ij ) _ r 0'4TH EET WOE m, x.. t -i CC t* J. A t. 1_ ' s RSA w 1. RS ; • 5TH° S'T'REETfC 2 qAC 23A RS , S 1 ` ! R M 2 RN �i . t f 4 4 + t 4 + 1 . t f t 4 L q ' b a yj # REET Jilt ry i (55 t ! ; ♦i ! 1 � � � : X wf l' } t k S - t I, t 1� _ ._. '...._ 0-213 ti 3' 7TH STREET _ M Al , } C2__. C213 m BW on C2A F z r i A MLR M i RM3 C2A Chi. RM1� + i 4 SCALE. 14r 400° MEN 1 CENTRAL i MIDDLE SCHOOL 1 1 i' t f t 1 ,1 t MLR M i RM3 C2A Chi. RM1� + i 4 SCALE. 14r 400° MEN 1 CENTRAL i MIDDLE SCHOOL 1 1 i' t