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Planning & Zoning Commission Minutes April 4, 2006 Page 1 of 10
City of Georgetown, Texas
Minutes of the
Planning and Zoning Commission Meeting
Tuesday, April 4, 2006 at 6:00 P.M.
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Members Present: Harry Gibbs, Vice-Chairman/ Acting Chair; Will Moore, Secretary; Patrick
Lawson, Alternate; Marlene McMichael, Sarah Milburn, Don Padfield, Alternate; and Russell
Phillips, Alternate.
Members Absent: Johnny Anderson, Chairman; Brian Ortego, and Jennifer Shield
Staff Present: Bobby Ray, Director; Carla Benton, Development Planner; Melissa McCollum,
Development Planner; Jennifer Bills, Development Planner; David Munk, Development
Engineer; Rebecca Rowe, Historic District Planner; Trish Carls, City Attorney and Karen Frost,
Recording Secretary.
Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance.
Chair Gibbs stated the order of the meeting and that those who speak must turn in a speaker
form to the recording secretary before the item that they wish to address begins. Each speaker
will be permitted to address the Commission one time only, for a maximum of three (3)
minutes, unless otherwise agreed to before the meeting begins.
Regular Session - To begin no earlier than 6:00 p.m.
1. Action from Executive Session. There was not an Executive Session.
Consent Agenda
The Consent Agenda includes non-controversial and routine items that the Commission
may act on with one single vote. A Commissioner or any member of the public may request
that any item from the Consent Agenda be pulled in order that the Commission may discuss
and act upon it individually as part of the Regular Agenda. The Planning and Zoning
Commission's approval of an item on the Consent Agenda will be consistent with the staff
recommendation described in the report, unless otherwise noted.
2. Consideration of the Minutes of the March 7, 2006 meeting of the Planning and Zoning
Commission.
A correction of the minutes was noted, the footer should read March 7, 2006, not February 7,
2006. Motion by Moore to approve the minutes with the noted correction. Second by
Padfield. Approved 7 – 0.
Planning & Zoning Commission Minutes April 4, 2006 Page 2 of 10
3. Nomination and election of Vice-chair and Secretary of the Commission.
Nomination by Moore, second by McMichael to elect Harry Gibbs for Vice-chair. Harry Gibbs
was elected for Vice-chair unanimously, 7 – 0.
Nomination by Padfield, second by Russell to elect Moore for Secretary. Will Moore was
elected for Secretary unanimously, 7 – 0.
Regular Agenda
4. Public Hearing and Possible Action on a Rezoning of 24.74 acres in the Antonio Flores
Survey, Abstract No. 235, from AG, Agriculture to C-1, Local Commercial located at the
northeast corner of North Austin Avenue and County Road 151.
Staff report was presented by Bobby Ray. The 24.74-acre property is located on the east
side of North Austin Avenue north of County Road 151. The property was annexed into
the City in December of 2005. The default zoning upon annexation is AG, Agriculture,
which remains the current zoning of the property. The Future Land Use Plan designates
the property as “Major multi-family residential” and “Commercial”, and the Intensity
Level is currently 4. The property is undeveloped at this time. The proposal is a
rezoning request from AG, Agriculture to C-1, Local Commercial to allow for the
development of a 160-unit apartment complex with a limited amount of retail support
services. Staff recommends approval of this request with a condition to ensure the
development and maintenance of the 160-unit multi-family residential component.
Colby Dennison and Amelia Sondgeroth, applicant and agent, were present to answer
questions.
Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Motion by Padfield to recommend to City Council approval of the Rezoning of the
24.74 acres in the Antonio Flores Survey, Abstract No. 235, from AG, Agriculture to C-1,
Local Commercial located at the northeast corner of North Austin Avenue and County
Road 151, with the condition that the property be developed and maintained with the
160-unit multi-family residences. Second by Moore. Approved 7 – 0.
5. Public Hearing and possible action on a recommendation to the City Council regarding
adoption of proposed amendments to the Unified Development Code (UDC).
Staff report was given by Bobby Ray. He gave an overview of the proposed
amendments and the process to this point. The main additions include two new zoning
districts; Transit Oriented Development and the Mixed-Use designation. A demolition
by neglect ordinance is included along with the restructure of the Landscape Chapter.
Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public
Hearing was closed.
Moore stated that he received a call from Eugenia Harrell, representing the Georgetown
Heritage Society, and that the GHS supports these amendments, specifically the
demolition ordinance addition and the Certificate of Design Compliance amendments.
Planning & Zoning Commission Minutes April 4, 2006 Page 3 of 10
Motion by Moore to recommend to City Council approval of the Proposed
Amendments to the Unified Development Code. Second by Milburn. Approved 7 – 0.
6. Public Hearing and possible action on a Comprehensive Plan Amendment for 1222.6
acres in the Fredrick Foy and Lewis P. Dyches Surveys to be known as the Cowan
Springs development, located north and west of Sun City Georgetown, to amend the
Future Land Use Plan for 213.4 acres from Residential to Office/Retail/Commercial use,
60.0 acres from Residential to Mixed Use and 15.0 acres of Williams Drive Mixed Use
and 19.4 acres of Industrial to Residential, and to amend the Intensity Plan from Level I
and Level 2 to 757.5 acres at Level 3, 60.0 acres at Level 4, and 213.4 acres at Level 6.
Commissioner Phillips recused himself from the dais.
Staff report was presented by Bobby Ray for Ed Polasek. The 1,222.6 acre tract is the
“Northern Lands” currently in the process of being removed from the Sun City
Development Agreement. The applicant is pursuing a development agreement with the
City to cover utility provision and development standards, along with the proposed
Comprehensive Plan Agreement. Both the applicant and representatives from Sun City
Texas have worked with Williamson County in the site selection and routing of Parmer
Lane (Ronald Reagan Boulevard) through the property. Staff is recommending an
Intensity Level 5 instead of the Level 6 requested for the 60 acres of Mixed-Use for the
Community/ Town Center.
Applicant, Bob Wunsch, was present for questions. He was asked about the date of the
completion of the Parmer Lane extension. He stated he didn’t really know since they
were in the drawing stage, but estimated 2008. He also stated he was agreeable to the
staff recommendation for the decrease in intensity level for the 60 acres.
Chair Gibbs opened the Public Hearing.
Kathryn Heideman, 190 Heiderosa Run, stated that she moved out this area for quiet.
she is concerned about the phasing of this development and smaller designed green
spaces. She wants the City to deal with the runoff from this property.
Bill Sayre, 267 E. Ridgewood Rd, is concerned that 10 houses will be allowed to back-up
to his 5 acres, overlooking his property and not have any height restrictions.
Rob Hardy, 1000 Jennings Branch, concerned that Parmer will be built with only 4 lanes,
he asked for restricted access to Jennings Branch, to reduce the amount of traffic on the
agricultural, county road.
Mr. Wunsch addressed the Commissioners concerns and questions. He stated that he
has met with the county and their intention is to widen Williams Drive all the way to
Reagan Blvd. He is working with the Co unty to increase the size of Parmer Lane. He
also stated he was fine with restricting access through Jennings Branch and will work
with the residents on landscaping and lighting of the road.
The Public Hearing was closed.
Motion by Padfield to recommend to City Council approval of the requested
Comprehensive Plan Amendment for 1222.6 acres in the Fredrick Foy and Lewis P.
Planning & Zoning Commission Minutes April 4, 2006 Page 4 of 10
Dyches Surveys to be known as the Cowan Springs development, located north and
west of Sun City Georgetown, to amend the Future Land Use Plan for 213.4 acres from
Residential to Office/Retail/Commercial use, 60.0 acres from Residential to Mixed Use
and 15.0 acres of Williams Drive Mixed Use and 19.4 acres of Industrial to Residential,
and to amend the Intensity Plan from Level I and Level 2 to 757.5 acres at Level 3, 60.0
acres at Level 4, and 213.4 acres at Level 5, and note in the approving ordinance that
there may be up to 60 acres of Public/Semi-Public uses in the Mixed Use
(Community/Town Center) area and Residential areas. Second by McMichael.
Approved 6 – 0.
Commissioner Phillips came back to the dais.
7. Public Hearing and possible action on a Comprehensive Plan Amendment to change
the Future Land Use from Commercial, Mixed, and Residential to TOD Mixed Use Area
for portions of several properties in the William Addison Survey and L.J. Dyches
Survey to be known as the TOD Mixed Use Area, located around the intersection of
Inner Loop and Maple Street and change the Thoroughfare Plan to add a light rail line
along Maple Street for several properties in the William Addison Survey, J. Robertson
Survey, and J. Mott Survey, located along the proposed Maple Street Extension south of
inner loop to the southernmost limit of the Georgetown ETJ.
Staff report was given by Bobby Ray for Ed Polasek. He summarized by stating this
item is for a rail station near Maple and FM 1460. No standards have been developed
for this area yet, and this is a place holder or mixed-use proposal for this area. In early
2005 the City Council Directed staff to Amend the Future Land Use Map to designate
the area around the intended Rail District transit center as Transit Oriented
Development Mixed-Use, in an area approximately 1/2 mile around the ultimate
station location and to amend the amend the Overall Transportation Plan and Map
related to the Maple Street Rights-of-Way requirements between the Inner Loop and
Westinghouse Road.
Staff has create a Land Use Plan amendment that describes the purpose of the Transit
Oriented Development Mixed Use District (TOD District). It also outlines steps
necessary to implement the TOD District through Zoning, Capital Improvements
Programming and other means. Staff has met with approximately two-thirds of the
adjacent property owners and will meet with all of them in the near future.
Milburn asked about the access from IH-35 and wants to know if there are plans to
reroute access to this area, since there will be increased traffic. Ray was not aware of
any plans to address this issue. Gibbs questioned timing and impact studies. Ray
stated that information was not available at this time but would be available when the
actual station is proposed and Public Hearings would be held.
Gibbs opened the Public Hearing.
Planning & Zoning Commission Minutes April 4, 2006 Page 5 of 10
John Avery, 400 E. Main Street – Round Rock, stated his family is the property owner
of approximately 160 acres at the northeast corner of Innerloop and Maple Street. They
are a proponent of TODs. They asked that their northern 52 acres be included and that
the residential properties that are in-process be allowed to move forward with
residential development.
Mark Dixon, representing Georgetown Railroad, suggested that the Commission gain
a clear understanding of the types of commuter rail that will be used in this area. He
explained that the right-of-way and rail reservation exists. He stated the Austin-San
Antonio rail being planned is a heavy, commuter, fast speed rail that will utilize
existing freight rails.
Public Hearing closed.
Commissioners asked Ray to clarify certain points.
Motion by Moore to Recommend to City Council Approval a Comprehensive Plan
Amendment to change the Future Land Use from Commercial, Mixed Use, and
Residential to TOD Mixed Use District for portions of several properties in the
William Addison Survey and L.J. Dyches Survey to be known as the TOD District,
located around the intersection of Inner Loop and Maple Street and change the
Thoroughfare Plan to add a rail line along Maple Street for several properties in the
William Addison Survey, J. Robertson Survey, and J. Mott Survey, located along the
proposed Maple Street Extension south of inner loop to the southernmost limit of the
Georgetown ETJ. Second by Padfield. Approved 7 – 0.
8. Public Hearing and possible action on a Comprehensive Plan Amendment to change
the Future Land Use map from Residential to Public / Semi Public for a 0.06 acre part of
Outlot 14, City of Georgetown, Division C, the Replat of Windridge Village, Block A,
Lot 2, and Block B, Lot 1, and the Resubdivision of Shell Addition, Block 14, Lot 6, to
be known as the Holly Street Bus Terminal area, located along Holly Street, north of 7th
Street.
Staff report was presented by Bobby Ray for Ed Polasek. Items 8 and 9 were discussed
together, one is the Comprehensive Plan Amendment and one is the Rezoning. Federal
funding for this project has been granted to construct a bus terminal that is intended to
provide mobility to Georgetown’s existing population base, and provide a hub for local
bus trips. The site is comprised of 4 lots that will have a parking surface and a ticket
station. Staff is supportive of the proposed use and rezoning based on adjacent uses.
Staff would also request a specific updated and revised site plan before proceeding on to
City Council. This action is also contingent upon acquisition of the property by the city.
Commissioners asked several questions. Ray was not able to answer many of these
questions as he was not involved in the planning process of this project. Trish Carls,
City Attorney, stated the Commission was in their rights to remand this item back to
staff for more information.
Planning & Zoning Commission Minutes April 4, 2006 Page 6 of 10
Chair Gibbs opened the Public Hearing.
Robin Branham, 1104 E. 3rd Street, President of the Windridge Village HOA, stated that
the adjacent property owners were very opposed to this high intensity use in this
neighborhood.
Rick Williamson, 204 Holly St., stated he thinks the use is an inappropriate us in a
single-family neighborhood and that streets won’t support the traffic. Wants complete
denial by Commission.
Public Hearing is closed.
Deliberation by Commission.
Motion by McMichael to table items 8 and 9, remanding the items back to staff to
present a workshop for the Commission and provide more information on this project
and it’s justification. Moore asked that the workshop be held at a separate time, open for
the public and prior to the next P&Z meeting. Second by Phillips. Motion passed, 7 – 0.
9. Public Hearing and possible action on a Rezoning from RS – Residential Single-Family
to C-N, Neighborhood Commercial district with a Site Plan required for a 0.06 acre part
of Outlot 14, City of Georgetown, Division C, the Replat of Windridge Village, Block
A, Lot 2, and Block B, Lot 1, and the Resubdivision of Shell Addition, Block 14, Lot 6,
to be known as the Holly Street Bus Terminal area, located along Holly Street, north of
7th Street.
Discussion and action were combined with item number 8.
The Commission was given a 10 minute break.
10. Consideration and possible action on a Public Review Final Plat for 10.324 acres out of
the J. Sutherland and C. Joyner Surveys, to be known as Estates of Westlake, Phase 4-B,
located at the Northwest end of Portofino Lane.
Staff report was given by Carla Benton. This is a portion of the original concept plan of
Westlake of the Woods, previously approved by City Council in 1999. This final plat
consists of 9 residential lots. The applicant is requesting a variance to Section 36050B
(rural subdivision standards) ot eh Subdivision Regulations to allow Lot 7, to have less
than 120 feet or width. Staff does not support this variance request.
The applicant’s agent, Tom Watts of Ralph Harris Surveying, made a presentation of his
case. He discussed different options that he considered and stated that only the variance
would allow him to develop this property the way the developer wanted.
Commissioners discussed options with Mr. Watts. Milburn and Lawson were
concerned about the precedent this would set if granted.
Motion by Milburn to recommend to City Council approval of a Public Review Final
Plat for 10.324 acres in the C. Joyner Survey and J. Sutherland Survey, to be known as
Estates of Westlake, Phase 4B, and after making the findings of fact, as attached in the
Planning & Zoning Commission Minutes April 4, 2006 Page 7 of 10
staff report, Approval of a variance to the Subdivision Regulations Section 33030G.1,
subject to conditions of support, to allow 50 foot right-of-ways, and denial of the
requested variance to Section 36050B of the Subdivision Regulations to reduce the width
of Lot 7. Second by Padfield. This motion failed, 3 – 4. (Opposed were Lawson,
Phillips, Gibbs and McMichael.)
Motion by Gibbs to recommend to City Council approval of a Public Review Final Plat
for 10.324 acres in the C. Joyner Survey and J. Sutherland Survey, to be known as Estates
of Westlake, Phase 4B, and after making the findings of fact, as attached in the staff
report, approval of a variance to the Subdivision Regulations Section 33030G.1, subject
to the conditions of support, to allow 50 foot right-of-ways, and approval of the
requested variance to Section 36050B of the Subdivision Regulations to reduce the width
of Lot 7 based on the following findings of fact:
After listening to the testimony presented at the Planning and Zoning Commission
meeting, and reading the documentation provided by the applicant and the staff’s
recommendation, the Commission makes the following findings of fact as required by
the Subdivision Regulations:
1. The public convenience and welfare will be substantially served because it is a
logical flow; and
2. The appropriate use of surrounding property will not be substantially or
permanently impaired or diminished because the variance will not adversely affect any
other lots; and
3. The applicant has not created the hardship from which relief is sought because the
variance is meeting most of the criteria of good lot design; 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 similar variances have been granted in the past and is logical with the
curvilinear nature of the street; and
5. The hardship from which relief is sought is not solely of an economic nature because
smaller lots are less desirable; and
6. The variance is not contrary to the public interest because it is logical and good
planning; and
7. Due to special conditions, the literal enforcement of the ordinance would result in an
unnecessary hardship, because of unreasonably shaped and designed lots; and
8. In granting the variance the spirit of the ordinance is observed and substantial justice
is done.
Second by Phillips. Motion is approved, 4 – 3. (Opposed by Milburn, Moore and
Padfield.)
Planning & Zoning Commission Minutes April 4, 2006 Page 8 of 10
11. Consideration and possible action on a Preliminary Plat for 155.24 acres in the Burell
Eaves Survey to be known as Shady Oaks Estates, Section Four, Phases 6, 7, 8, 9, and
10, located off Buena Vista Drive.
Staff report was given by Melissa McCollum. This is for 122 residential units, on
minimum 1-acre lots. Connection to Shady Oaks Estates from Sun City was approved
by City Council on March 28, 2006, with the 8th Amended Development Agreement for
Sun City Texas. This connection will be made to Oak Branch Drive from Sun City
Boulevard in phase 10 of this development. This connection will be required to be
shown on the Final Plat.
The applicant’s agent, Jim Coulter, was available for questions and supports the staff
recommendation.
Motion by Phillips to approve the Preliminary Plat for 155.24 acres in the Burell Eaves
Survey to be known as Shady Oaks Estates, Section Four, Phases 6, 7, 8, 9, and 10,
located off Buena Vista Drive. Second by Milburn. Approved 5 – 2. (Opposed by
Moore and Padfield.)
12. Public Hearing and possible action on a Rezoning from AG – Agricultural to PUD -
Planned Unit Development for 22.537 acres in the Fredrick Foy Survey to be known as
Sun City Georgetown, Neighborhood Forty-Two, located north of Neighborhood 44
and Dry Creek Boulevard, west of Sun City Boulevard.
Staff report by Melissa McCollum. She asked that items 12 and 13 be considered
together, along with items 14 and 15, 16 and 17. All these neighborhoods are
incorporated as part of the 8th Amended Concept Plan of Sun City. This neighborhood
consists of 88 residential units to be developed as detached single family lots.
Motion by Milburn to approve Rezoning from AG – Agricultural to PUD - Planned
Unit Development for 22.537 acres in the Fredrick Foy Survey to be known as Sun City
Georgetown, Neighborhood Forty-Two, located north of Neighborhood 44 and Dry
Creek Boulevard, west of Sun City Boulevard, conditioned on the approval and
signature of the 8th Amended Concept Plan and 8th Amended Development Agreement
by City Council. Second by McMichael. Approved 7 – 0.
13. Consideration and possible action on a Public Review Final Plat for 22.537 acres in the
Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood Forty-Two,
located north of Neighborhood 44 and Dry Creek Boulevard, west of Sun City
Boulevard.
Motion by Milburn to approve a Public Review Final Plat for 22.537 acres in the
Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood Forty-Two,
located north of Neighborhood 44 and Dry Creek Boulevard, west of Sun City
Boulevard, conditioned on the approval and signature of the 8th Amended Concept Plan
and 8th Amended Development Agreement by City Council. Second by McMichael.
Planning & Zoning Commission Minutes April 4, 2006 Page 9 of 10
Approved 7 – 0.
14. Public Hearing and possible action on a Rezoning from AG – Agricultural to PUD -
Planned Unit Development for 34.846 acres in the Fredrick Foy Survey to be known as
Sun City Georgetown, Neighborhood Forty-Three, located north of Neighborhood 44
and Dry Creek Boulevard, west of Neighborhood Forty-Two.
Staff Report by Melissa McCollum. This proposed development consists of 97
residential units to be developed as detached single family lots.
Motion by McMichael to approve a Rezoning from AG – Agricultural to PUD - Planned
Unit Development for 34.846 acres in the Fredrick Foy Survey to be known as Sun City
Georgetown, Neighborhood Forty-Three, located north of Neighborhood 44 and Dry
Creek Boulevard, west of Neighborhood Forty-Two, conditioned on the approval and
signature of the 8th Amended Concept Plan and 8th Amended Development Agreement
by City Council. Second by Milburn. Approved 7 – 0.
15. Consideration and possible action on a Public Review Final Plat for 34.846 acres in the
Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood Forty-Three,
located north of Neighborhood 44 and Dry Creek Boulevard, west of Neighborhood
Forty-Two.
Motion by McMichael to approve a Public Review Final Plat for 34.846 acres in the
Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood Forty-Three,
located north of Neighborhood 44 and Dry Creek Boulevard, west of Neighborhood
Forty-Two, conditioned on the approval and signature of the 8th Amended Concept Plan
and 8th Amended Development Agreement by City Council. Second by Milburn.
Approved 7 – 0.
16. Public Hearing and possible action on a Rezoning from AG – Agricultural to PUD -
Planned Unit Development for 46.705 acres in the Fredrick Foy Survey to be known as
Sun City Georgetown, Neighborhood Forty-Six, located west of Neighborhood Forty-
Three, north of Dry Creek Boulevard, and west of Sun City Boulevard.
Staff Report by Melissa McCollum. This proposed development consists of 78
residential units to be developed as detached single family lots.
Motion by Padfield to approve a Rezoning from AG – Agricultural to PUD - Planned
Unit Development for 46.705 acres in the Fredrick Foy Survey to be known as Sun City
Georgetown, Neighborhood Forty-Six, located west of Neighborhood Forty-Three,
north of Dry Creek Boulevard, and west of Sun City Boulevard, conditioned on the
approval and signature of the 8th Amended Concept Plan by City Council, conditioned
on the approval and signature of the 8th Amended Concept Plan and 8th Amended
Development Agreement by City Council. Second by McMichael. Approved 7 – 0.
Planning & Zoning Commission Minutes April 4, 2006 Page 10 of 10
17. Consideration and possible action on a Public Review Final Plat for 46.705 acres in the
Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood Forty-Six,
located west of Neighborhood Forty-Three, north of Dry Creek Boulevard, and west of
Sun City Boulevard.
Motion by Padfield to approve a Public Review Final Plat for 46.705 acres in the
Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood Forty-Six,
located west of Neighborhood Forty-Three, north of Dry Creek Boulevard, and west of
Sun City Boulevard, conditioned on the approval and signature of the 8th Amended
Concept Plan and 8th Amended Development Agreement by City Council. Second by
McMichael. Approved 7 – 0.
18. Comments from Director. At the March 28th City Council meeting, there were three Sun
City Texas rezonings approved that were consistent with P&Z recommendations, 3
properties outside Sun City with approved rezonings that were consistent with P&Z
recommendations, and the Sun City Concept Plan with two street connections was
approved.
19. Comments from Commissioners. Lawson stated he would like to see more long range
planning done by the City to avoid connectivity and fire station planning issues like
have been dealt with recently. He stated he was pleased with staff, but wanted more
information to be able to make better decisions.
Motion by Padfield to adjourn. Chair Gibbs adjourned the meeting at 9:10 p.m.
_______________________________ __________________________________
Approved, Harry Gibbs, Acting Chair Attested, Will Moore, Secretary