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Planning & Zoning Commission Minutes
March 6, 2007 Page 1 of 7
City of Georgetown, Texas
Minutes of the
Planning and Zoning Commission Meeting
Tuesday, March 6, 2007 at 6:00 P.M.
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Members Present: Harry Gibbs, Chair; Jennifer Shield, Vice-Chair; Will Moore, Secretary; Sarah
Milburn, Patrick Lawson and Don Padfield.
Members Absent: Marlene McMichael
Staff Present: Bobby Ray, Director; Jordan Maddox, Planner; David Munk, Development Engineer;
Trish Carls, City Attorney; and Stephanie Mickan McNickle, Recording Secretary.
Regular Session - To begin no earlier than 6:00 p.m.
Chair Gibbs called the meeting to order at 6:03 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 once for each item, for a maximum of three (3) minutes,
unless otherwise agreed to before the meeting begins.
2. 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.
3. Consideration of the Minutes of the February 6, 2007, meeting of the Planning and Zoning
Commission.
4. Consideration and possible action on a Preliminary Plat for 71.137 acres in the Lewis J. Dyches
Survey (A-180) to be known as Georgetown South Industrial Park, located north and east of
Snead Drive. (JCB) PP-2006-041
5. Consideration and possible action on a Site Plan of Serenada Country Estates, Unit I, Lot 2,
located at 3813 Williams Drive. (CB) SP-2006-048
Motion by Padfield to approve the Consent Agenda item, which includes the minutes. Second
by Moore. Approved 6-0.
Regular Agenda
Planning & Zoning Commission Minutes
March 6, 2007 Page 2 of 7
6. Consideration and possible action to elect a Vice Chair and Secretary for the 2007-2008
Planning and Zoning Commission.
Motion was made by Moore to elect Jennifer Shield as Vice Chair of the Planning and Zoning
Commission for 2007-2008. Second by Padfield. Approved 6-0.
Motion by Jennifer Shield to elect William Moore as Secretary for the Planning and Zoning
Commission for 2007-2008. Second by Milburn. Approved 6-0.
7. Public Hearing and possible action on a Rezoning from AG, Agricultural district to PUD,
Planned Unit Development district for two tracts consisting of 0.775 and 11.655 acres in the A.
Flores Survey (A-235) to be known as the Planned Unit Development of Katy Crossing
Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. (BR) REZ-2006-
048
Staff report was given by Bobby Ray. The 12 acre tract sits at the northwest corner of the Katy
Crossing subdivision on F.M. 971 and is developed with an existing single-family residence.
Current zoning of the property is AG, Agriculture which reflects the default zoning placed on
the property at the time of annexation in 1998 (Ordinance No. 98-76). The property is
identified for “Residential” on the Future Land Use Plan and carries an Intensity Level of “2”.
The application is a rezoning request from AG, Agriculture to PUD, Planned Unit
Development to accommodate a 60-unit residential development. The proposed project will
utilize the PUD designation with RS, Residential Single-family as the base zoning district. The
proposed product is the same as that developed with the “Townhomes of Katy Crossing”,
which is by UDC definition an attached single family dwelling. Typical (minimum) units are
located on a 45’ x 120’ (5,400 square feet) lot and share a common wall with the unit adjacent.
Setbacks for these units are 25’ on the front; 25’ on the rear; and 10’ side setbacks. Typical
footprints shall be approximately 1,800 square feet per unit, at a maximum building height of
35’. Access to the project is taken from F.M. 971, with interior circulation provided by a
residential local street that will “loop” around the development providing individual lot
access. There will be direct access to the existing Katy Crossing subdivision also provided.
The purpose of the PUD zoning request is to allow for the development of the project with
some flexibility in the application of UDC design standards. The difference between the PUD
request and a variance process is the approval of a variance is based upon a physical hardship
related to the site. As a result of this hardship the property could not be developed in
compliance with specific development standard(s). The PUD allows for anticipated flexibility
from the underlying design standards for projects that are deemed unique, or which
significantly promote a general plan goal. In the subject case the type of housing product
proposed with this development is deemed to be desirable and needed to help implement the
housing policies identified below (“Basis of Support”). The similar product within the Katy
Crossing subdivision was also processed as a Planned Unit Development through the
subdivision process.
The development is requesting some relatively minor deviations from the standards of the
underlying zoning district. Specifically, some of the units will provide a single car garage with
the second required space located in the driveway immediately behind the garage. This would
involve parking in the front setback, which is allowed for single-family attached subject to
landscape screening (UDC Section 7.03.020.B.2). The second deviation is from the impervious
cover limits for single family, which is 45% per lot. The overall impervious coverage for the
subdivision is 50% pursuant to Section 11.02.010 of the UDC. Some lots within the
development will exceed the 45% threshold. However, the overall impervious coverage for the
subdivision will remain at or under 50% as required.
Planning & Zoning Commission Minutes
March 6, 2007 Page 3 of 7
Chair Gibbs invited the applicant to speak. John Gavurnik of Gavurnik Homes gave a brief
history of Katy Crossing. He addressed concerns of neighbors in Katy Crossing. Mr. Gavurnik
stated all home sale prices have increased in that area since 1997. He feels homes will not be
devalued in the future. He also stated there would be a 6-foot fence placed between the homes
and the proposed area. Mr. Gavurnik stated he would be glad to answer questions.
Commissioner Milburn asked Mr. Gavurnik if she could request not to build two-story
duplexes directly behind the current homeowners. Mr. Gavurnik stated he would prefer not to.
Commissioner Milburn then asked if these town homes would be the same as the ones in the
Villas. Mr. Gavurnik stated yes, they would be the exact same floor plans.
Commissioner Gibbs asked Mr. Gavurnik if the residents who currently live in Katy Crossing
would be responsible for the 1-acre park in the proposed development. Mr. Gavurnik stated
that only the residents in the proposed development would be responsible for the park and not
the current residents of Katy Crossing.
Chair Gibbs opened the public hearing
Susan Draper, 644 River Bluff Circle stated she is concerned with the upkeep of the park and
the traffic into Katy Crossing.
LaVerne A. Westling, 126 River Park Lane stated his house is over 3,000 square feet and his
property value did decrease last year. His property backs up to the proposed development and
he feels by adding duplexes his property will further decrease in value.
Michael DeLance, 191 Bastian Lane stated that he strongly opposes the development plan and
feels property value will decrease. He asked to allow only single-family units.
Jennifer Rucker, 638 River Bluff Circle stated she chose to live in Katy Crossing because of the
friendly atmosphere.
John Maglio, 104 River Park Lane gave a petition signed by 147 members of the neighborhood
who only want to see single-family units in the proposed development with the same style,
size and co lor as other homes in Katy Crossing. Mr. Maglio stated that he met with Mr.
Gavurnik and discussed the decrease in value concerns that the neighbors have and they agree
to disagree. Mr. Maglio stated the duplexes are too dense for Katy Crossing and feels the
residence of Katy Crossing will absorb the effects of this if it passes.
Harold McGrath, 801 FM 971 stated he is opposed to the development and feels his property
value will decrease. He is also concerned with the increased FM 971 traffic.
Ana Thomas, 193 Bastian Lane, stated John Gavurnik is a wonderful builder and a wonderful
man, but she is opposed to duplexes being built and feels they will eventually become rental
property.
Kathleen Howell, 129 Rosemary Cove stated she is opposed to the duplexes. She lived in a
duplex while her home was being built in Katy Crossing and it was a horrible experience.
Robert Rasmusson, 648 River Bluff Circle stated he is in the construction business and feels this
development will affect the neighborhood in the future. He stated duplexes are more likely to
become rental property and tenants will not take care of them.
Lisa Lorandeau, 195 Bastian Lane stated he would only like to see single-family units in that
area with the same quality as Katy Crossing.
Desi Roybal, 105 Stephen Lane stated he is the president of the neighborhood association and
applauds the neighborhood committee who rallied the neighbors. Mr. Roybal stated he is
concerned about the traffic on FM 971.
Chair Gibbs closed the public hearing.
The applicant, John Gavurnik stated the current residents of Katy Crossing would not be
responsible for the upkeep of this proposed development. He also feels the property value will
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March 6, 2007 Page 4 of 7
not decrease. Mr. Gavurnik stated the town homes will range from $110,000 - $145,000. Mr.
Gavurnik stated he is trying to build affordable housing in Georgetown.
Commissioner Milburn asked Mr. Gavurnik if there is a possibility that a combination of single
and multi-family units can be built and requests to have single-family units backing up to the
residents and town homes backing up to FM 971. Mr. Gavurnik said he would prefer not to.
Commissioner Moore stated Wind Ridge Village is a good example of diverse residential
mixture and he feels that area looks well managed and feels the homeowners take care of their
residence.
Commissioner Lawson asked if there was consideration for these single-garage town homes to
be moved further to the back of the property, to allow parking in the front yard area. Mr.
Gavurnik stated that is not part of the consideration.
Commissioner Lawson stated he feels he does not agree with the minor deviation for the
parking and feels it is owner driven.
Commissioner Moore stated he feels that Mr. Gavurnik is trying to build affordable housing to
allow people who work in Georgetown to live here, but now live in Round Rock and
Pflugerville because they are unable to afford to live in Georgetown. He also does not feel that
duplexes equate to “run down” neighborhoods. He feels the attitude of the people of the
neighborhood determines the appearance more than the type of housing.
Commissioner Milburn stated she feels this proposed development is setting itself up. Not by
having a car in the single-car garage and one on the driveway, but one car on the driveway and
the other car on the street, which will run down the look of the neighborhood. Commissioner
Milburn said she is concerned with this type of housing so close to a single-family residential
area and feels this is not a separate subdivision and is a part of Katy Crossing. She agrees that
affordable housing is needed and applauded Mr. Gavurnik for doing this, but is concerned
with building in this area. She stated the same issue came up when a subdivision with $160,000
homes wanted to build next to Cimarron Hills with $1,000,000 homes, and feels this situation is
no different.
Motion by Moore to recommend approval of the Rezoning from AG, Agricultural district to
PUD, Planned Unit Development district for two tracts consisting of 0.775 and 11.655 acres in
the A. Flores Survey (A-235) to be known as the Planned Unit Development of Katy Crossing
Subdivision, Section 7, located on FM-971, west of Katy Crossing Boulevard. Second by
Milburn. Denied 4-2. (Milburn, Lawson, Padfield, Shield opposed)
8. Public Hearing and possible action on a Comprehensive Plan Amendment to change the
Intensity Level from Level 1 to Levels 2, 3, 4, and 5 and change the Future Land Use from
Residential to Office / Retail / Commercial, Residential and Multi-family for 590.70 acres in the
B. Eaves and L.S. Walters Surveys, located near SH-195 and Parmer Lane. (JM) CPA-2006-020
Staff report given by Jordan Maddox. The subject property is located to the north of Sun City
near the corner of SH 195 and the future extension of Parmer Lane. The properties are
currently residential on the Land Use Plan and have an Intensity Level of 1. The applicant is
asking for a land use change and intensity level change to reflect single-family residential,
townhouse, multi-family, office and retail uses, which break down as follows:
Single family residential – 1015 units, of varying lot sizes
Multi-family residential – 390 units
Town-home/Condos – 120 units
Retail – 907,250 sq. ft.
Planning & Zoning Commission Minutes
March 6, 2007 Page 5 of 7
Office – 203,500 sq. ft.
This project relies heavily on the extension of Parmer Lane for much of its retail and office
space, although there will be a retail use fronting SH-195. The bulk of the residential will back
up to Sun City, Shady Oaks and part of Somerset Hills, with the Intensity gradually increasing
toward the major thoroughfares and away from existing residential uses. This project will
require a TIA and likely 2 or more collector or higher-level roads will run throughout the
project and it will meet the necessary stub requirements upon platting. There will be parkland
dedication, potential HOA amenity set-aside and open space for K.A.R.S.T. cave
features/buffers. There are two present quarry sites adjacent to this property and a future site
across 195 from their proposed retail node. They have addressed this by buffering the lower
density single family units with retail and office units.
The applicant has decided to enter into a utility agreement with the city to provide wastewater.
The intention is to use a temporary facility for the next few years and then access the
Northlands WTP when that facility is completed. It is likely that the project will split
wastewater from two or more facilities, but the details of that will be addressed in the
agreement. Serving 1600 new units in an area not currently served can be done and the
agreement will address how the extension will be provided and paid for.
There are presently outstanding issues regarding the right-of-way for Parmer, which is being
worked out by the county and neighboring property owners. It should be resolved before
platting, where staff will be able to take a closer look at the details of the development. The
general alignment is decided, however, making the proposed land uses acceptable for the
current layout.
Chair Gibbs invited the applicant to speak. Paul Linehan, 1010 Land Creek Cove gave a short
presentation. Mr. Linehan stated he understands Sun City is to the south and Summerset is to
the west of this proposed development. He stated the development is in the preliminary stages
at this time, but will continue to work with the City of Georgetown and will try to cooperate
with those in that area.
Chair Gibbs opened the public hearing.
Nita Hornbeck, 217 Bonham Loop stated her property backs up to the proposed development.
She and her neighbors have enjoyed the cows and other wild life in their back yards and
understands this development had to come sooner or later. However, she stated she is
concerned with the growth and crime to the neighborhood. She also asked what the buffer
between this proposed development and Sun City Development would look like. She requests
possibly some flowering trees.
Janette Donaldson, 229 Bonham Loop stated she is concerned with the retention pond and feels
it could be a haven for mosquitoes. She is also concerned with the buffer, and asked if intensity
level will strictly be enforced by the City.
Bob Wunsch, 4314 W. Braker Lane stated he would like the proposed development to follow
the development agreement.
Staff stated the applicant is asking for approval with the condition of compliance with the
development agreement, which is currently being drafted with staff.
Chair Gibbs closed the public hearing. Paul Linehan stated the buffer, privacy fence will be the
responsibility of the developer and the homebuilder, and feels it will have a nice appearance
for the neighbors. He stated the storm water pond would have a more natural appearance.
Motion by Padfield that after holding the required Public Hearing, recommend to the City Council
approval of the requested Comprehensive Plan Amendment to change the Intensity Level from
Level 1 to Levels 2, 3, 4, and 5; and change the Future Land Use from Residential to
Planning & Zoning Commission Minutes
March 6, 2007 Page 6 of 7
Office/Retail/Commercial, Residential and Multi-Family for 590.7 acres in the B. Eaves and L.S.
Walters Surveys, conditional on the development agreement currently be worked out among staff
and the applicant. Second by Milburn. Approved 6-0.
9. Public Hearing and possible action on a Rezoning from AG, Agricultural district to C3, General
Commercial district for 49.44 acres in the William Addison Survey, A-21, to be known as the
Georgetown Elementary School #10, located at 1701 CR 110. (BR) REZ-2007-001
Staff report given by Bobby Ray. The 49.44 acre tract sits at the southeast corner of the
Southeast Inner Loop and CR 110 and is largely vacant with some large lot single-family
development. Current zoning of the property is AG, Agriculture which reflects the default
zoning placed on the property at the time of annexation in 2006 (Ordinance Nos. 2006-123 and
2006-124). The majority of the property is identified as a “Retail / Mixed-Use Node” at the
intersection of Southeast Inner Loop and CR 110 on the Future Land Use Plan. The balance of
the property is identified as “Residential” on the Future Land Use Plan. The property carries
an Intensity Level of “2”, “3” and “5”.
The application is a rezoning request from AG, Agriculture to C-3, General Commercial to
accommodate a proposed elementary school (#10), and the future location of a middle school.
The Future Land Use Plan identifies the property as a major retail / mixed-use node at the
intersection of SE Inner Loop and CR 110, transitioning to “Residential” for the interior of the
site. Schools are generally permitted within any land use area. The proposed C-3 zoning is
consistent with the underlying node at SE Inner Loop and CR 110. If appropriately
conditioned to exclude any uses other than “educational faculties” with allowed accessory
uses, the zoning will not conflict with the underlying “residential” designation for the
remainder of the property.
Chair Gibbs invited the applicant to speak. David Biesheuvel, Georgetown Independent School
District stated he would be glad to answer any questions.
Chair Gibb opened the public hearing. Shirley Woodliff, 1701 CR 110 stated she currently owns
a home on 1 acre lot located in the center of the area being proposed for rezoning. She stated
she is trying to sell, but the school will not buy and she is not marketable for residential or
commercial. Ms. Woodliff stated she is in favor of more schools, but if this rezoning is
approved then she and her husband will not be able to sell their home. She stated the school
district now owns the easement, which she uses to get to her property, and are moving it. Ms.
Woodliff stated her husband retired from the military and she watches children in their home.
She stated the school district informed her that she is in violation of the deed restrictions and if
they do not sign the first right of refusal with the school district they will shut her daycare
down which is their means of income. Ms. Woodliff stated she spoke with Mr. Lee,
Superintendent with the school district and he informed her they do not want to buy her
property now or in the future. Ms. Woodliff is concerned with losing her homestead.
Commissioner Lawson asked staff why this plat/information was not given to the
Commissioners for review prior to this meeting. Staff stated this plat was not given to staff and
is the first time they have heard of this situation. Trish Carls, City Attorney stated the city
couldn’t use zoning powers to prevent the school district from building schools. The same
State statutes and Local Government Code that govern the city governs the school district.
Therefore, denying the rezoning would not prevent them from building schools. Staff stated
the school district could build the school with the current zoning. Commissioner Shield stated
Planning & Zoning Commission Minutes
March 6, 2007 Page 7 of 7
she feels the Planning and Zoning Commission has “no business” voting on this issue if it does
not make a difference.
Motion by Shield to defer recommendation of approval to the City Council of a Rezoning from
AG, Agricultural district to C3, General Commercial district for 49.44 acres in the William
Addison Survey, A-21, to be known as the Georgetown Elementary School #10, located at 1701
CR 110, with the condition that allowed, and accessory uses, be limited to those identified in
Section 16.03.040(C ) of the Unified Development Code, to the April 3rd Planning and Zoning
meeting. Second by Gibbs. Approved 6-0.
10. Comments from Director.
Bobby Ray reported that during the City Council meeting, the Comprehensive Plan
Amendment for the Lowry Tract was presented and approved along with the Comprehensive
Plan Amendment and Zoning for the Westinghouse single-family subdivision.
11. Comments from Commissioners.
Chair Gibbs thanked everyone for his or her continued service.
Motion to adjourn. Chair Gibbs adjourned the meeting at 8:50 p.m.
_______________________________ __________________________________
Approved, Harry Gibbs, Chair Attested, Will Moore, Secretary