HomeMy WebLinkAboutMinutes_P&Z_11.05.2002
Minutes
Planning and Zoning Commission
City of Georgetown, TX
Tuesday, November 5, 2002, at 6:00 P.M.
Members Present: Chairman, Richard Glasco, Christopher Aadnesen, John Kirby, Linda
Turner, Robert Seamans and Alternate, Johnny Anderson. Other Alternates present were
Jennifer Shield and William Moore. Harry Gibbs was absent from the meeting. Audrey
McDonald came late, joined the meeting
Staff Present: Amelia Sondgeroth, Director of Planning & Development Services, Bobby Ray,
Chief Development Planner, Ed Polasek, Chief Planner, Long Range Planning, David Munk,
Development Engineer, Melissa McCollum, Development Planner, Carla Benton, Development
Planner, Patricia Carls, City Attorney, and Tammye Sharpe, Recording Secretary.
Regular Session – Meeting began at 6:03 p.m.
(Commission may, at any time, recess the Regular Session to convene an Executive Session at
the request of the Chair, a Commissioner, the Director or legal counsel for any purpose
authorized by the Open Meetings Act, Texas Government Code Chapter 551.)
1. Action from Executive Session – No executive session.
2. Swearing in of William Moore. This item was skipped, as it was done previously.
3. Election of Vice-Chair. Richard Glasco nominated Robert Seamans to be the Vice-Chair.
Anderson seconded. Robert Seamans was appointed the Vice-Chair.
Consent Agenda
4. Consideration of the Minutes of the October 1, 2002, Regular Meeting of the Planning and
Zoning Commission.
5. Consideration and possible action on a Public Review Final Plat for 192. 87 acres out of the
J. W. Lockhart and the A. S. Wade Surveys, to be known as Russell Park Estates, located
on Twin Springs Road and County Road 262.
Per Trish Carls, City Attorney, recommended and suggested a motion to reflect that after finding
out there were three persons signed up to speak on this item, that it be moved to the Regular
Agenda to have staff presentation and speakers heard. Seamans so moved the recommended
motion made by Carls to be pulled off the Consent Agenda and put on the Regular Agenda.
Anderson seconded the motion. Motion was passed unanimously.
6. Consideration and possible action on a Short Form Final Plat of a Replat of Cimarron Hills
PUD, Phase 1, Section 1, Block D, Lot 14, and 0.149 of an acre in the A. H. Porter Survey,
located on Goodnight Drive.
7. Consideration and possible action on a Short Form Final Plat of a Resubdivision of Oak
Crest Ranchettes, Unit II, Lot 16, located at 331 Evans Road.
Commissioner Seamans made the motion to approve the Consent Agenda as is, after item 5
was pulled and put on Regular Agenda. Commissioner Aadnesen seconded the motion, which
passed with a vote of 6-0.
Regular Agenda
5. Consideration and possible action on a Public Review Final Plat for 192. 87 acres out of
the J. W. Lockhart and the A. S. Wade Surveys, to be known as Russell Park Estates,
located on Twin Springs Road and County Road 262.
Carla Benton made staff presentation. Ron Prichard, Prichard Engineers, was present and said
that all the caves were in the conversation area shown on the exhibits in the staff report.
Cathy Wade, 606 Blessing Ranch Road, Liberty Hill, Jerry Rhine, 155 E. Vaughn, Betram,
Texas, and Rebecca Whittaker, 155 E Vaughan, Betram, Texas were concerned about the 192
acres, and agreed that it should be looked at closely by archeologists, as it is loaded with flint,
has a ceremonial area (Sacred Circle), a spring, burial sites, bones, pictorials, and 16 or more
caves. Wade, Rhine and Whittaker are concerned about the preservation of the property.
Leon Whitney, Owner, confirmed that there would be 39 home sites built out of the 192 acres.
and 139 acres out of the 192 were being protected forever in the conservation area. Whitney
confirmed that the conservation area would be designated by a final plat.
Discussion on the process by which item was handled before being brought to the meeting by
staff and Commissioners.
Anderson made a motion to defer this item until the December Planning and Zoning meeting for
further information on the reports the applicant had done. Kirby seconded, which passed with a
vote of 6-0.
8. Consideration and possible action on a Concept Plan for 120.59 acres, out of the Lewis P.
Dyches Survey, and also being a portion of Lot 1 and all of Tracts 2-7 of North Lake
Subdivision, Section G, to be known as Walnut Springs, located at the intersection of
FM 3405 and CR 261.
McCollum made the staff presentation. Brian Estes, K.C. Engineering, Inc., said that the homes
were to be single-family, and the parkland will be maintained by a Homeowners Association.
Jennifer Virden, 8505 Millway Drive, Austin, Texas, and Charles Elwell, 2770 FM 3405, had
concerns about the property being preserved as much as can be, and how the development
was gong to affect the homeowners with the road noise and increased traffic on FM 3405. Also,
had concern if the City was going to annex the property and what effect will this have on his
property taxes.
Ed Polasek, Chief Long-Range Planner, said that the City was not planning annexation at this
time, and explained the two (2) mile Extra Terrestrial Jurisdiction. McCollum explained what a
Concept plan was and the requirements.
Commissioner Aadnesen made the motion to recommend to the City Council the approval of the
Concept Plan for 120.59 acres, out of the Lewis P. Dyches Survey, and also being a portion of
Lot 1 and all of tracts 2-7 of North lake Subdivision, Section G, to be known as Walnut Springs,
located at the intersection of FM 3405 and CR 261, provided the Technical issues have been
addressed before City Council. Commissioner Seamans seconded the motion, which passed
with a vote of 6-0.
9. Consideration and possible action on a Variance to the Subdivision Regulations for the
Reserve of Berry Creek, Section 1D, Phase 2, Block B, Lot 14, located at 405 Liscio Cove.
McCollum made the staff presentation.
Commissioner Aadnesen made the motion to recommend to City Council the approval of the
Variance to Table 34020, of the Subdivision Regulations to allow an 8.4 inch (0.7 foot)
encroachment into the platted and required 25 foot front yard setback, for the Reserve of Berry
Creek, Section 1D, Phase 2, Block B, Lot 14, located at 405 Liscio cove, after making the
required findings of fact. (The Findings of Fact were read). Commissioner Turner seconded the
motion, which passed with a vote of 6-0.
10. Consideration and possible action on a Detailed Development Plan of Revised
SummerCrest Subdivision, Section 1, Block C, Lot 3, also known as SummerCrest
Bathhouse Parking Lot, located on Ashberry Trail, with variances to the Subdivision
Regulations.
McCollum made the staff presentation, stating that the Parkland would be maintained by the
City, since the park would be dedicated. BBH Development was present to answer questions.
Commissioner Seamans made the motion to recommend the approval of the Detailed
Development Plan of the Revised SummerCrest Subdivision, Section 1, Block C, Lot 3, also
known as SummerCrest Bathhouse Parking Lot, located on Ashberry trail, with the following
variances to the Subdivision regulations, 1) Section 33051 which would allow parking to be
located in the required front yard building setback, and 2) Section 34020.G.2 which would allow
parking to be located in the required side and rear building setback. Commissioner Turner
seconded the motion, which passed with a vote of 6-0. Commissioner Seamans amended his
motion to include and reference the Findings of Fact. Commissioner Turner seconded the
amended motion, which passed with a vote of 6-0.
11. Consideration and possible action on Public Hearing for a Rezoning of .3122 acres, out of
the Lost Addition, Block 65 (SW) and .1286 acres out of the Lost Addition, Block 65 (NW),
from R-S, Residential Single-Family to C-2A, Commercial First Height, or more restrictive
district, located on the east side of Rock Street between University Avenue (south) and 11th
Street (north).
Bobby Ray gave the staff presentation.
Discussion between staff and Commissioners on the reasoning to rezone the entire area as
C-2A, and the reasoning to only front minimal useable zoning classification.
Jim Ross, Talisman Group, Inc., was present to answer questions. Sondgeroth said that the
HARC voted to deny the Certificate of Design Compliance as it was proposed. Ross explained
his intent on the home that was located on University and Rock.
Renee Hanson, 1252 Austin Avenue, representing the Heart of Georgetown Neighborhood
Association Board, said her concern was the C-2A would put the area into risk, because there
was no assurance of what it would be used for. Hanson concluded by reading a letter from
Todd Wade, who lives at 1102 Rock Street.
J. C. Johnson, Jr., 303 E. 9th Street, and Jim Dillard, 1404 Maple Street (who represented the
Georgetown Heritage Society) were both concerned about the destruction of the two old homes,
and wanted to ensure that they were restored and possibly used as businesses, and they asked
Commissioners for denial of the rezoning request
Commissioner Seamans made the motion to recommend to City Council the denial of the
requested Rezoning of .3122 acres out of the Lost Addition, Block 65 (SW) and .1286 acres out
of the Lost Addition, Block 65 (NW), from R-S, Residential Single-Family toC-2A, Commercial
First Height, or more restrictive district, located on the east side of Rock Street between
University Avenue (south) and 11th Street (north). Commissioner Turner seconded the motion,
which passed with a vote of 6-0.
12. Consideration and possible action on a Rezoning from A, Agricultural to C-1, Local
Commercial, or more restrictive district, for 15.832 acres, David Wright Survey, located at
4300 Williams Drive.
Bobby Ray made the staff presentation, stating that the property was in the process of
annexation, and the purpose of the rezoning request was to allow the development of a
proposed retail shopping site.
Commissioner Aadnesen made the motion to recommend to City Council to approve the
rezoning of 15.832 acres out of the David Wright Survey, from “A”, Agricultural to “C-1”, Local
Commercial, or more restrictive district, located at the corner of Williams Drive (FM 2338) and
Cedar Breaks Road (4300 Williams Drive). Commissioner Seamans seconded the motion,
which passed with a vote of 6-0.
13. Consideration and possible action on Public Hearing for a Public Review Final Plat for
30.12 acres out of the Frederick Foy Survey, to be known as Woodland Park Phase 3C,
located on Woodland Park Drive, with variances to the Subdivision Regulations.
Benton made the staff presentation.
Commissioner Seamans made the motion to recommend to City Council the approval of the
Public Review Final Plat for 30.12 acres in the Frederick Foy Survey, to be known as Woodland
park Subdivision, Phase 3C, provided the Technical Issues are addressed prior to City Council
consideration, and the approval of the requested variances to Section 33030 G.1., to allow the
local street right-of-ways to be 50 feet in width, provided the conditions of approval are met, to
Section 33030 N.2., to allow the cul-de-sac to exceed the 500 foot minimum, provided
conditions are met, and Section 36050, to allow lots on rural cul-de-sacs to have less than 85
feet of street frontage for Block 5, Lots 25, 26 and 27, and to include the technical issues and
the Findings of Fact with the variances to the Subdivision Regulations. Commissioner
Aadnesen seconded the motion, which passed with a vote of 6-0.
Chairman Glasco informed the Commissioners and the public that items 14 and 15 were to be
addressed together, and then voted on separately.
14. Consideration and possible action on Public Hearing for a Replat of Planned Unit
Development of Sun City Texas, Phase 2, Neighborhood 13, being Block 1, Lots 4 5o 24,
Block 2, Lots 25 to 27, and Lots 233 to 240, Block 3, Lots 78 to 96 and Lots 228 to 229,
Block 4, Lots 100 to 110, Lots 117 to 127, Lot 168 and Lots 230 to 232, Block 7, lots 132 to
147 and lots 224 to 227, and Block 8 Lots 161 to 167, being 40.521 acres in the Burrell
Eaves Survey to be known as Sun City Georgetown, Phase 2, Neighborhood Thirteen-B,
located on Sun City Blvd.
McCollum gave the staff presentation. Discussion on the changes made of adding 17 new
home sites, the changing lot lines, and how the common areas will be maintained by the
Homeowners Association of the entire Sun City community.
Commissioner Aadnesen made the motion to recommend to the City Council to approve a
Replat of Planned Unit Development of Sun City Texas, Phase 2, Neighborhood 13, being Block
1, Lots 4 5o 24, Block 2, Lots 25 to 27, and Lots 233 to 240, Block 3, Lots 78 to 96 and Lots 228
to 229, Block 4, Lots 100 to 110, Lots 117 to 127, Lot 168 and Lots 230 to 232, Block 7, lots 132
to 147 and lots 224 to 227, and Block 8 Lots 161 to 167, being 40.521 acres in the Burrell Eaves
Survey to be known as Sun City Georgetown, Phase 2, Neighborhood Thirteen-B, located on
Sun City Blvd. Commissioner turner seconded the motion, which passed with a vote of 6-0.
15. Consideration and possible action on a Public Hearing a Rezoning a total of 40.521 acres,
out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Phase 2,
Neighborhood Thirteen-B, from RP, Residential Planned to RP, Residential Planned
Revised, or more restrictive district, located on Sun City Boulevard.
Commissioner Aadnesen made the motion to recommend to the City Council to approve a
Rezoning a total of 40.521 acres, out of the Burrell Eaves Survey, to be known as Sun City
Georgetown, Phase 2, Neighborhood Thirteen-B, from RP, Residential Planned to RP,
Residential Planned Revised, or more restrictive district, located on Sun City Boulevard.
Commissioner Aadnesen seconded the motion, which passed with a vote
of 6-0.
Chairman Glasco called a recess at 8:30 p.m. Meeting was reconvened at 8:45 p.m.
Chairman Glasco informed the Commissioners and the public that agenda items 16 and 17
would be addressed together, and then voted on separately.
16. Consideration and possible action on a Century Plan Amendment for a portion of the Del
Webb 2500 Concept Plan to change the Future land use Map for 75.0 acres out of the
Frederick Foy Survey from Residential to Retail/Commercial /Office Land Use and to
change 75.0 acres out of the Frederick Foy Survey from Intensity Level 2 to Intensity Level
4, and to change 15.1 acres out of the Frederick Foy Survey from Intensity Level 2 to
Intensity Level 3, or any more restrictive classification, and located between Shell Road,
Williams Drive, CR 245, and SH 195.
Ed Polasek, Chief Long-Range Planner, made the staff presentation.
Sondgeroth made a presentation to the Commissioners and public to clarify the two items to be
considered. Sondgeroth explained the Parks Director would present the parks dedication, the
Assistant Fire Chief present the Fire Station location and the City Engineer would present the
traffic impact analysis.
Clay Shell, Assistant Fire Chief, gave his presentation, stating that the staff supports two
stations - one on Palmer, at collector intersection, and the second one on a minor arterial near a
school site - choices was made due to standard response districts. Discussion about response
time with and without connectivity.
Randy Morrow, Director for Parks and Recreation, gave his presentation, stating that there was
a requirement of 110 acres to parkland. Morrow said that Del Webb was giving 40 acres and
would, build the hike and bike trail along the creek. There would be 5 acres of trails (8’ wide) -
made of concrete and handicap accessible, to which the public would be able to use.
David Munk, City Engineer, gave his presentation, discussing all the intersections that were
analyzed.
Tom Yantis, Assistant City Manager, read the statue on golf carts passed by the Legislation –
stating that the Legislation addressed the registration of the golf cart and how they are able to
operate on public roads - nothing about speed limits. Turner confirmed that if the road
becomes a public road then residents could still drive on the road because it is within the master
plan community.
Sondgeroth, Director of Planning and Development, said that staff was recommending 12
variances, and not recommending the variance on non-connectivity. Variances are being
recommending because Del Webb is a master plan community, the variances address
preservation of open space and environmental features, and also provide for innovative design.
Sondgeroth said the basis for not recommending the non-connectivity variance was a public
health, safety and welfare issue. Sondgeroth read the recommended motion presented by staff.
Clay Shell, Assistant Fire Chief, answered the question of the public safety issue if the
connectivity is limited to emergency vehicles only by stating that it would have to be a gated
community, which has not been allowed in Georgetown. Sondgeroth gave the definition of
clustered, and said the common areas around these homes would be maintained by the
homeowner’s association.
Gary Newman, General Manager of Sun City Texas, introduced himself and 3 others to speak in
behalf of the applicant –Todd Jansen, Vice-President of Land Development, Peter Verdicchio,
SEC Planning Consultants, and Philip Smatt, Attorney. Newman said that a Master Plan
community was a community that is 1000 + acres, multiple housing types and usually a retail
and residential mix. Newman gave his presentation, and gave reasons why they did not agree
with staff on the connectivity issue. Todd Jansen, Vice President of Land Development for Sun
City, gave his presentation, and made a statement that SH195 would become a full access road
once Del Webb 2500 was built. Peter Verdicchio, SEC Planning Consultants, talked about the
road network. Newman read and gave for record a unanimous written consent to the Sun City
Georgetown Community Association Board of
Don Patfield , Sun City resident – concerned that traffic analysis is incomplete because of no
indication study included golf carts, and pointed out error on area location map showing Parmer
Lane, and is only in favor of connectivity to allow emergency vehicles only
Robert and Martha Prahl declined to speak
Lana Kellar, 102 Aster Circle, spoke against connectivity, and brought out the importance of the
Sun City residents to Georgetown.
Jack Stroobandt, 102 Wild Plum Circle, spoke against connectivity because of the dissimilarity
of neighborhoods – pointed out the lifestyles of the age restricted and non-restricted, Sun City
being a golf care community, and concern with safety issues
Carl Borgh, 135 Great Frontier Drive, spoke of wanting the plan that was sold to the residents
when he bought his home in Sun City
Debbie Purcell, 212 Valley View/102 Longhorn, spoke against having a Michigan developer
determine where Parmer Lane is going to be located, and wants the westerly route proposed
Don Garbe, 208 Dawson Trail, spoke about the impact the new proposed school in Del Webb
2500 would make on the taxes and the students themselves
Betty Jukes, 187 Dove Hollow, spoke against the connectivity, the location of the proposed Fire
Station, and the location of the proposed school regarding the environment safety
Charles McCoy, 202 Dawson Trail, spoke against the building out and location of Parmer Lane,
and the proposed Fire Station, and emergency
Roby Sloan, 116 Saddle Trail (backing up to Sun City Boulevard), spoke about his view on
Master Planning
Don Burt, 101 Waller Court, spoke about the traffic analysis, golf carts driving laws, and wanting
the plan that he was given when he bought his home
At this time, Tom Yantis, Assistant City Manager, confirmed the Transportation Code passed by
the Legislation on golf carts, that a golf cart does not have to be registered if the operation of the
golf cart is no more than 2 miles and is within a Master community.
Jan Hazleton, 109 Lynn Cove, spoke against connectivity and wanting the plan that Sun City
gave to her and her husband when they bought their home from Del Webb
Gary Newman said Del Webb contacted GISD in June, 2002, and talked about the 15.8 acres
for an elementary school, but have not had a meeting with School Board as of yet.
Don Garbe, 208 Dawson Trail, spoke about the hand-out at last School Board meeting with
calculations of 1.3 children at home (7,150 students), total acreage need for all campuses is 265
acres.
Commissioner Anderson said he was in favor of the Concept plan with limited connectivity only
to EMS and Fire vehicles. Commissioner McDonald said her concern was of safety to residents
having additional traffic on the Sun City roads and feels the limited emergency access road
design should be looked into. Commissioner Turner said she was voting against the concept
plan. Commissioner Seamans said he would be voting against the concept plan.
Commissioner Aadnesen said he felt the problem was a public health issue and does not
support the connectivity. Commissioner Kirby said that he would support the concept plan with
emergency vehicle connectivity only, and a recommendation that the City and the schools work
to help growth pay for itself. Commissioner Glasco is in favor of the connectivity.
Commissioner Anderson made a motion to recommend to City Council the approval of a
Century Plan Amendment for a portion of the Del Webb 2500 Concept Plan to change the
Future Land Use Map for 65.0 acres out of the Frederick Foy Survey from Residential to
Retail/Commercial/Office land use and to change 75.0 acres out of the Frederick Foy Survey
from Intensity Level 2 to Intensity Level 4, and to change 15.1 acres out of the Frederick Foy
Survey from Intensity Level 2 to Intensity Level 3, or any more restrictive classification, and
located between Shell Road, Williams Drive, CR 245, and SH 195, conditioned on a mutual
approved Development Agreement. Commissioner Richard Glasco seconded the motion.
Motion passed, with a vote of 5-2, with Commissioners Seamans and Turner voted against.
17. Consideration and possible action on a Public Hearing for a Revised Concept Plan for
2,459.8 acres, out of the Frederick Foy Survey, to be known as Del Webb 2500, located
between Williams Drive, CR 245, and SH 195,
Commissioner Anderson made a motion to recommend to City Council the approval of the
Revised Concept Plan for 2,459.8 acres out of the Frederick Foy Survey, to be known as Del
Webb 2500, located between Williams Drive, CR 245 and SH 195, provided that 1) location of
the proposed fire station on Sun City Boulevard be relocated next to the elementary school as
shown in the previous Dell Webb 2500 plan, and that 2) the connectivity between Sun City and
the proposed Del Webb 2500 be limited to emergency vehicles only, and with approval of the
variances outlined in Exhibit C, being items 1-13, based on the following Findings of Fact as
listed in Exhibit C list of variances. Commissioner Richard Glasco seconded the motion.
Commissioner Kirby made an amendment to the motion to allow the Del Webb 2500
development to include only one fire station and that there be a recommendation to the City
Council to work with the school district and the developer to build into the concept plan a plan
that will help growth pay for itself as far as schools and enmities. Motion died, as there was no
second to the motion.
The original motion made by Commissioner Anderson was voted on. The motion was denied by
a vote of 3-4, with Seamans, Aadnesen, Turner and McDonald voting against.
Commissioner Anderson made the motion to forward to the City Council without
recommendation. Motion died, as there was no second to this motion.
City Attorney, Trish Carls, clarified that the motion that was made by Commissioner Anderson
and failed by a vote of 4-3, was a conditional approval, and the Commission was attempting to
see if there were other conditions that could be attached to the approval to forward on to the
City Council, and there could not be. Carls said that the results of the motion will be forwarded
on to City Council as is, and that the motion to approve the Revised Concept Plan failed.
Commissioner Anderson made a motion to recommendation to City Council to approve the
Revised Concept Plan for 2,459.8 acres, out of the Frederick Foy Survey, to be known as Del
Webb 2500, located between Williams Drive, CR 245, and SH 195 with variances to the
Subdivision
18. Staff comments and reports.
a. Council Action update – none at this time.
b. Director’s report
1) Second draft of the UDC – November 19, 2002, meeting, at Development Services.
December the 6h is the dead line for the written comments on the UDC. Final Public
draft – December 19th,2002, to P&Z for recommendation.
2) Williams Drive Corridor – December 3rd meeting (P&Z), public meeting. Then, will
take to City Council December 10th.
19. Commissioners comments and reports
Commissioner Kirby made a motion to adjourn the meeting. Commissioner Turner seconded the
motion, which passed unanimously. Meeting was adjourned at 10:40 p.m.
/tas