HomeMy WebLinkAboutMinutes_P&Z_03.04.2003MINUTES
PLANNING AND ZONING COMMISSION
TUESDAY, MARCH 4. 2003, 6:00 P.M.
Chair, Christopher Aadnesen, called the meeting to order at 6:06 p.m.
Members present: Chris Aadnesen, Chair; Johnny Anderson, Vice-Chair; Harry Gibbs,
Secretary, John Kirby, Audrey McDonald,
Members Absent: Linda Turner and Michelle Gambino. Jennifer Shield came late, then left.
Staff Present: Amelia Sondgeroth, Director of Planning and Development Services, Bobby Ray,
Chief Development Planner, Melissa McCollum, Development Planner, David Munk,
Development Engineer, Patricia Carls, City Attorney, and Tammye Sharpe, Team Specialist/
Recording Secretary
1. Action from Executive Session –
Consent Agenda
2. Election of Vice- Chair and Secretary for the Planning and Zoning Commission. Gibbs
nominated Anderson for Vice-Chair, with Shield seconding the motion. Vote was 7-0.
Anderson nominated Gibbs to be Secretary, with Shield seconding the motion. Vote was 7-0.
3. Consideration of the Minutes of the February 4, 2003, Planning and Zoning Commission
meeting. Commissioner Gibbs made the motion to accept the minutes as written.
Commissioner McDonald seconded the motion, which passed with a vote of 7-0.
Regular Agenda
Development Engineer, David Munk, asked if Agenda Items 4 - 7 could be presented by staff
first, and then voted on individually. Chair, Commissioner Aadnesen, consented. Munk gave the
staff presentation on the Century Plan Amendment for items 4 and 6, to change from Intensity
Level 2 to Level 4. Chief Development Planner, Bobby Ray, gave the staff presentation on the
Rezoning for items 5 and 7, from A, Agricultural to RM-3, Residential Office and Service Use.
Applicant, Cindy Ridge, 1107 Autowa, Austin, Texas, told Commissioners she and her sisters
needed relief on paying the taxes and maintenance for these two tracts of land, and that the
neighborhood would be supportive on the RM-3 zoning..
4. Consideration and possible action on a Public Hearing for a Century Plan Amendment, from
the existing Intensity Level 2 to the proposed Intensity Level 4, for 4.75 acres out of the Joseph
Fish Survey, located off FM 2338 (Williams Drive), and Penny Lane.
Commissioner Shield made the motion to recommend to City Council the approval of a Century
Plan Amendment, from the existing Intensity Level 2 to the proposed Intensity Level 4, for 4.75
acres out of the Joseph Fish Survey, located off FM 2338 (Williams Drive), and Penny Lane,
conditioned on wastewater hook-up and associated fees as soon as City wastewater is
available. Commissioner Gibbs seconded the motion, which passed with a vote of 7-0.
5. Consideration and possible action on a Rezoning of a 4.75 acre tract in the Joseph Fish
Survey, from A, Agricultural, to RM-3, Residential Office and Service Use, or more restrictive
district, located at the southeast corner of the intersection of Penny Lane and Williams Drive.
Commissioner Gibbs made the motion to recommend to City Council the approval of the
Rezoning of a 4.75 acre tract in the Joseph Fish Survey, from A, Agricultural, to RM-3,
Residential Office and Service Use, or more restrictive district, located at the southeast corner
of the intersection of Penny Lane and Williams Drive (FM 2338). Commissioner McDonald
seconded the motion, which passed with a vote of 7-0.
6. Consideration and possible action on a Public Hearing for a Century Plan Amendment, from
the existing Intensity Level 2 to the proposed Intensity Level 4, for 4.76 acres out of the Joseph
Fish Survey, located off FM 2338 (Williams Drive), and Penny Lane.
Commissioner Anderson made the motion to recommend to City Council the approval of a
Century Plan Amendment, from the existing Intensity Level 2 to the proposed Intensity Level 4,
for 4.76 acres out of the Joseph Fish Survey, located off FM 2338 (Williams Drive), and Penny
Lane, conditioned on wastewater hook-up and associated fees as soon as City wastewater is
available. Commissioner Shield seconded the motion, which passed with a vote of 7-0.
7. Consideration and possible action on a Rezoning of a 4.75 acre tract in the Joseph Fish
Survey, from A, Agricultural, to RM-3, Residential office and Service use, or more restrictive
District, located at the southeast corner of the intersection of Penny Lane and Williams Drive.
Commissioner McDonald made the motion to recommend to City Council the approval of the
Rezoning of a 4.76 acre tract in the Joseph Fish Survey, from A, Agricultural, to RM-3,
Residential Office and Service Use, or more restrictive district, located at the northwest corner
of the intersection of Penny Lane and Williams Drive (FM 2338). Commissioner Anderson
seconded the motion, which passed with a vote of 7-0.
8. Consideration and possible action on a Public Hearing for a Rezoning of Crestview Addition,
Unit 1, Block 2, Lot 6, from RS, Residential Single Family to RM-3, Residential Office and
Service Use, or more restrictive district, located on the northwest corner of the intersection of
Penny Lane and Williams Drive.
Bobby Ray gave staff presentation. Ray read note from the Whitfields, 1610 Oak Lane, stating
they were against zoning this site. Ken Ewan, applicant, was present for questions.
Roland Schroeder, 191 Young Ranch Road, present on his mother’s behalf (her property
located behind the subject property). His concerns were not having buffer, drainage problems,
and lights shining into her home. Ray explained that this zoning is classified as a change of use,
which will need a Mini-Detailed Development Plan (required to bring only one non-conforming
standard into compliance through the process) - no impervious coverage limitation, just the
required setbacks. Munk explained that there would have to be a special requirement that they
provide a drainage study and show detention - it is not a requirement from the Mini-DDP.
Sondgeroth said that the Commissioners could put conditions to the rezoning now to establish
the requirements on the Mini-DDP.
Ken Ewan, applicant, 3205 Abby Road, said that he was planning to put a privacy fence
between Ms. Schroeder’s home and his property, and have parking on the side of the lot instead
of in the back. Ewan said he would like to have a professional building of sorts at this site - but
does not have a tenant at this time. Schroeder asked that there be a requirement of a drainage
study on this property because he sees a problem occurring from excess water running onto
Mrs. Schroeder’s lot.
Patricia Carls, City Attorney, gave the Commissioners her opinion that they should address their
concerns with any restrictions or conditions to their recommendation to the City Council, without
worrying about the new UDC coming into play. Further discussion on the drainage issue by
Commissioners. Commissioner Aadnesen did not support having a drainage study - Sondgeroth
said requirement of a drainage study at this time would not be appropriate, as the City does not
know how Ewan is going to develop the property. Sonderoth said that the Commissioners could
address the landscaping and screening.
Commissioner Anderson made the motion to recommend to City Council for approval of the
requested Rezoning of Crestview Addition, Unit 1, Block 2, Lot 6, from RS, Residential Single-
Family to RM-3, Office and Service Use, or more restrictive district, located at 1612 Williams
Drive, with the following criteria to be met: a) a privacy barrier be erected at the rear of the lot,
including a Type C Buffer Zone, and b) any additional impervious coverage due to parking not
negatively impact drainage to neighboring properties. Commissioner Shield seconded the
motion. Motion was amended to include the privacy barrier to be 6 foot. The amended motion
passed with a vote of 7-0
At this time, Chair, Commissioner Aadnesen, asked for Agenda Items 9, 10 and 11 to be
presented together.
McCollum gave the staff presentation on Agenda Item 10, the Concept Plan. McCollum gave
staff presentation on Agenda item 11, the Public Review Final Plat - the first Phase of the
Concept Plan. McCollum gave staff presentation on the Rezoning of this proposed site to
rezoning all 23.42 acres to RS, Residential Single-Family, or more restrictive district.
Don Bizzell, Steger & Bizzell Engineering, representing applicant, was present to answer
questions. Commissioner Aadnesen asked if Bizzell was willing to have the construction traffic
directed off a major arterial, rather than through the neighborhood. Bizzell confirmed that these
lots were backed up to the garden homes in Berry Creek (Section Four), and would be single-
family, detached homes. McCollum confirmed that there were no variances requested.
Heath Taylor, 30320 Briarcrest Drive, backs up to 4 of the lot being proposed. Taylor’s concerns
were about the growth of Berry Creek being excelled, environment issues (golden-cheeked
warbler & cedar trees), traffic issues with SH 130 coming (road noise, more green area, amount
of traffic on Briarcrest, buffering), and keeping the subdivision standards at Berry Creek.
Arnold Wieder, 30120 Briarcrest, Vice-President of the Berry Creek Neighborhood Association,
gave a handout to the Commissioners, to go along with his presentation. Wieder’s concerns
were about buffering, noise from SH 195, having a Homeowners Association in the Deed
restrictions to keep up with common area maintenance, sufficient common area at entrance for
landscaping, alignment of Chi Chi Drive for safety, and placement of resident mail station sites
being traffic safe. Wieder said he has not spoken to the developer.
Vicki Sybert, 4513 18th Street, Lubbock, Texas, has concerns on access, drainage and
buffering. Sybert currently has access out of her property on a gravel road off of 195. Sybert
says that she has a gentlemen’s agreement with the current owner (since 1983) on the access
she is using.
Bizzell said that this site does not have 30% cedar trees, and would not be endangering the
golden-cheeked warbler. Bizzell gave history on the property owners involved around Sybert’s
access - Mr. Rogers owns the land (12 acres) that Sybert has her access on - easement
crosses the 12 acres. Eight (8) acres were bought by Bobby Stanton to make the entrance to
the proposed development. Bizzell confirmed that Stanton built Sections 2, 4 and 9 of Berry
Creek, and believes that the restrictions would be the same for the proposed site as were these
Sections in Berry Creek. Bizzell said that the Post Office is the one that designates where the
mail drops will be placed, and they have not told the developer where they want them to be yet.
Bizzell said that the drainage will be handled at the development stage with the City. Bizzell said
that the type of fence usually is left to the what the homeowners would want built. Bizzell said
that he felt that Sybert would have no trouble keeping her access. Bizzell said that the standard
would be Buffer Type C and be addressed at the development stage. Gateway markers would
be the same as the one in Berry Creek now. Bizzell said that enforcement of the traffic on Chi-
Chi Drive would be a better solution than any traffic slowing devices due to the emergency
vehicles traveling on the road. Bizzell said that the Homeowners Association would be up to the
owners, but is not objecting to having one.
McCollum confirmed that there was no specific fence type requirement for the buffer - what is
required now is a six (6') privacy fence is required on the property line with trees spaced along
the line of the fence, with a buffer zone of ten feet (10'). McCollum deferred to Bizzell’s
explanation on the position of the mail station. McCollum said she would have the applicant
show the Sybert easement and do some kind of stub-out to her property. Munk will answer the
drainage easements. Munk said that the speed on the streets should be controlled by the speed
limits and the police, and should not install stop signs as traffic calming devices. Munk said a
traffic study is not triggered, and does not recommend a stop sign at the corner of Chi-Chi and
Tigerwoods Drive. Songeroth said that the access to Sybert’s property needs to be drawn or a
stub-out has to be shown off of St. Andrews, which needs to be worked out with the owner,
developer and engineer to ensure the best route for the access for Ms. Sybert., so she would
not be land locked. Further discussion regarding the Sybert access.
9. Consideration and possible action on a Public Hearing to consider Rezoning for 23.42 acres
within Berry Creek, Section 5, from RS, Residential Single-Family, R-P, Residential Planned,
and C-1, Local Commercial to RS, Residential Single-Family, or more restrictive district, located
on the west side of SH 195 and east of Kingsway Road.
Commissioner Shield made the motion to recommend to City Council for approval of the
requested Rezoning of 23.42 acres within Berry Creek, Section 5 from RS, Residential Single-
Family, R-P, Residential Planned and C-1, Local Commercial to RS, Residential Single-Family,
or more restrictive district, located on the west side of SH 195 and east side of Kingsway Road.
Motion was seconded by Commissioner Gibbs, which passed with a vote of 7-0.
10. Consideration and possible action on a Public Hearing for a Concept Plan for a
resubdivision of Berry Creek, Section Five and all of Sybert Subdivision, being 73.08 acres in
the William Roberts Survey, to be known as Berry Creek Section Five, located off Hwy 195 and
St. Andrews Drive.
Commissioner Gibbs made the motion to recommend to City Council the approval of the
Concept Plan for a resubdivision of Berry Creek Section Five and all of Sybert Subdivision,
being 73.08 acres in the William Roberts Survey, to be known as Berry Creek Section Five,
located off Hwy 195 and Chi Chi Street, provided the technical issues are addressed prior to
City Council. Commissioner Anderson seconded the motion, which passed with a vote of 7-0.
11. Consideration and possible action on a Public Hearing for a Public Review Final Plat for
resubdivision of a portion of Berry Creek, Section Five and all of Sybert Subdivision, being
43.97 acres in the William Roberts Survey, to be known as Berry Creek, Section Five, Phase
One, Subdivision, located off Hwy 195 and St. Andrews Drive.
Further discussion on buffering and Sybert access. Bizzell asked if the Commissioners would be
agreeable to making the access for Ms. Sybert a technical issue, and considering
recommending approval of the PRFP. Aadnesen confirmed that the developer would be
agreeable to have a Homeowners Association that would take care of the common areas.
Commissioner Gibbs made the motion to recommend to City Council for approval of the Public
Review Final Plat for a resubdivision of a portion of Berry Creek Section five and all of Sybert
Subdivision, being 43.97 acres in the William Roberts Survey, to b3e known as Berry Creek
Section Five, Phase One Subdivision, located off Hwy 195 and St. Andrews Drive, provided that
the technical issues are addressed prior to City Council with the following: 1) the successful
resolution of a buffer zone between site and surrounding property, with the developer and the
property owners, 2) a Homeowners Association, and 3) resolving the technical issues of the
Sybert property having access between the City staff, the builder/owner, and Mrs. Sybert.
Commissioner Anderson amended the motion by stating that the buffer zone would have to be a
minimum of 20' in width with a ten (10') fence between site and surrounding property owners,
and that stop signs would be erected at the corners of Chi-Chi and Tiger Woods Drive.
Commissioner Gibbs accepted the amendment of the 20' buffer zone, but wants a 6' fence.
Commissioner Anderson accepts. Commissioner Gibbs is not in agreement with the stop sign
placement either. Further discussion on the height of the fence being 10' or 6'.
Commissioner Gibbs made the motion to recommend to City Council for approval of the Public
Review Final Plat for a resubdivision of a portion of Berry Creek Section Five and all of Sybert
Subdivision, being 43.97 acres in the William Roberts Survey, to be known as Berry Creek
Section Five, Phase One Subdivision, located off Hwy 195 and St. Andrews Drive, provided the
technical issues are addressed prior to City Council, with the following : 1) the buffer zone being
20' in width with a minimum of 6' fence between site and surrounding property owners, 2) have
a Homeowners Association, and 3) resolving the technical issues of the Sybert property having
access between the City staff, the builder, and Ms. Sybert - access either stub-out on St.
Andrews or an easement through the 12 acres. Motion was seconded by Commissioner Shield,
which passed with a vote of 6-1 (Gambino against).
12. Staff comments and reports.
a. Council Action update - none at this time.
b. Director's report - update on UDC meeting. Motion was made to accept the recommendation
of the Commissioners, with the exception of 9 items. Sondgeroth said that the standards on the
impervious coverage was not changed. Hazard waste and materials - motion was made that
would prohibit the manufacturing of hazard materials over the Acquifer Recharge Zone.
Connectivity ratio, access points, banner standards, bed & breakfast, review of UDC, aviation
easement, wavier of impervious coverage , all passed with the Commissioners
recommendation. Parking caps - motion was that if parking were to exceed 110%, additional
landscaping and tree canopy would be required. Sondgeroth said that they were asking for the
effective date of the new UDC to be March 26, 2003, so there would be time to have workshops
to learn the new UDC requirements and how to use them.
Special called meeting on March 11, 2003, at the Georgetown Municipal Complex at 5:00
regarding the Sun City Concept Plan.
Chair Aadnesen asked the Recording Secretary to email on Thursday of the coming meeting all
the Commissioners to see if about attendance. Patricia Carls said that we needed to update the
Bylaws. Aadnesen wanted the "rotation" of alternates to be put into play even before the Bylaws
are looked at for amendments.
13. Commissioners comments and reports. None.
Michelle Gambino made the motion to adjourn. Shield seconded the motion. Meeting adjourned
at 9:12 p.m.