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Planning & Zoning Commission Agenda / December 6, 2011 Page 1 of 5
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, December 6, 2011 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, Gene Facey,
Pat Armour, Sally Pell and John Horne
Commissioners in Training: Scott Rankin, Roland Peña and Robert Massad
Commissioner(s) Absent:
Commissioner(s) in Training Absent:
Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Jordan
Maddox, Principal Planner Long Range; Valerie Kreger, Principal Planner; David Munk, City
Engineer; Bridget Chapman, Acting City Attorney and Stephanie McNickle, Recording Secretary.
Chair Brashear called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance.
Chair Brashear stated the order of the meeting and noted that those persons in attendance who
desired to 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.
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 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 November 1, 2011, meeting of the Planning and Zoning
Commission.
3. Consideration and possible action on a Waiver for 5.0 acres in the R. Milby Survey to allow
access by easement, located at 1000 VP Ranch Drive. WAV-2011-001 (Carla Benton)
4. Consideration and possible action on a Preliminary Plat for 79 residential lots on 24.07 acres, to
be known as Water Oak North, Section 1. PP-2011-004 (Jordan Maddox)
Item #4 was pulled to regular agenda.
Planning & Zoning Commission Agenda / December 6, 2011 Page 2 of 5
Motion by Commissioner Facey to approve the consent agenda along with the Minutes of the
November 1, 2011 meeting of the Planning and Zoning Commission. Second by Commissioner
Horne. Approved. (7-0)
Regular Agenda
5. Public Hearing and possible action on an Ordinance rezoning 2.54 acres in the Antonio Flores
Survey, from I, Industrial District to C-3, General Commercial District located at 2300 North
Austin Avenue. REZ-2011-022 (Carla Benton)
Staff report by Carla Benton. The applicant has requested a rezoning from Industrial (IN)
District to General Commercial (C-3) District. Their intention is to provide more commercial
options for the lease of existing buildings on their site.
The C-3 District is intended to provide a location for general commercial and retail activities
that serve the entire community and its visitors. Uses may be larger in scale and generate
substantial traffic, making the C-3 District only appropriate along major arterials and
freeways. Typically uses may include emergency services, restaurants and drive-thru
restaurants, medical facilities, offices, retail, personal services, banking, consumer and small
engine repair, funeral home, veterinary clinic, automotive parts and repair (limited), and
other related uses. A C-3 District is required to be a minimum of 5 acres and this application
is able to meet that requirement by becoming a part of an existing C-3 District to the south.
Certificates of Occupancy will be required for all new leases.
Staff is supportive of the proposed project as the site would provide for appropriate access
from an arterial level roadway, is compatible with surrounding uses, the 2030 Future Land
Use Plan, and the intent of the C-3 District.
Chair Brashear invited the applicant to speak.
Ben Daniel, 2300 N. Austin Ave. stated he hopes the Commission will approve his application
and will be glad to answer questions.
Chair Brashear Opened the Public Hearing. No one came forward, the Public Hearing was
closed.
Motion by Commissioner Facey to recommend to the City Council approval of the rezoning
from Industrial (IN) District to General Commercial (C-3) District for 2.54 acres in the A.
Flores Survey located at 2300 N. Austin Ave. Second by Commissioner Armour. Approved.
(7-0)
6. Public Hearing and possible action on an Ordinance rezoning 9.48 acres in the Joseph Fish
Survey, from AG, Agriculture District to RS, Residential Single Family District located at the
terminus of Acker Road and Caprock Canyon Drive. REZ-2011-020 (Carla Benton) Staff report
by Carla Benton. The applicant has requested a rezoning from Agriculture (AG) District to
Residential Single-Family (RS) District. Their intention is to continue the development of
Heritage Oaks residential subdivision to accommodate approximately 30 single-family
residential lots. The 9.48 acres is located at the terminus of Acker Road and Caprock Canyon
Drive.
Planning & Zoning Commission Agenda / December 6, 2011 Page 3 of 5
The property is currently undeveloped land with numerous trees. Although no Heritage
Trees have been identified, a survey will be pro vided and the platting will be designed to
provide appropriate protection for any Heritage Trees identified at that time.
Staff is supportive of the proposed project as the site would provide for appropriate access to
local street networks, is compatible with surrounding uses, the 2030 Future Land Use Plan,
and the intent of the RS District.
Chair Brashear invited the applicant to speak.
Jim Vonner from Land Strategies stated the application will follow the low density development
guidelines and offered to answer any questions.
Chair Brashear Opened the Public Hearing. No one came forward, the Public Hearing was
closed.
Motion by Commissioner Facey to recommend to the City Council approval of the rezoning
from Agriculture (AG) District to Residential Single-Family (RS) District for the 9.48 acres in
the Joseph Fish survey located at the terminus of Acker Road and Caprock Canyon Drive.
Second by Commissioner Pell. Approved. (7-0)
7. Public Hearing and possible action on an Amended and Restated Development Agreement
and associated agreements for 1,354.48 acres located approximately four miles west of IH-35
between State Highway 29 and Leander Road, to be known as the Water Oak development. DA-
2010-002 (Jordan Maddox) Staff report by Jordan Maddox.
The reason for the proposed amendment is to reconfigure the land boundaries and total
acreage as well as renegotiate key provisions in the agreements
In 2007, the City approved several agreements for a conservation subdivision west of
Georgetown called Water Oak at San Gabriel that required significant utility improvements and
financial considerations. Now, the existing Development Agreement, Utility Agreement, and
Consent Agreement for a Municipal Utility District (MUD) are being reformed into an Amended
and Restated Development Agreement and an Amended and Restated Consent Agreement. The
reason for the new agreement is that the land configuration and total acreage has been
significantly altered and key provisions of the agreements were renegotiated. The Water Oak
development remains a mostly residential conservation development with significant open
space, but now contains fewer acres and the owner intends to begin construction near Highway
29 instead of Leander Road. The project will still develop under the UDC, with variations, but is
now proposed to be an out-of-City MUD and not be annexed by the City of Georgetown. The
staff report outlines specific points of the development agreement for the Commission to review
and make a recommendation to City Council. The applicant desires to begin construction on the
north side of the property (along Highway 29), as opposed to starting on the south side as
anticipated in the original agreement. There are many details of the agreements that have been
negotiated by staff and the developer over the last 12 months pertaining to timing, financing and
cost-sharing, bridge construction, etc.
Discussion between Commissioners and staff regarding the process of the consent agenda
Preliminary Plat regarding this item.
Staff stated the Unified Development Code process will be reviewed and addressed.
Commissioner Pell stated her concerns with the lack of Heritage tree protection.
Planning & Zoning Commission Agenda / December 6, 2011 Page 4 of 5
Staff stated the residential area will be developed under the previous Unified Development
Code which did not include a Heritage tree ordinance, but there will be tree protection in the
area reserved as parkland .
Staff stated there is a significant amount of trees both large and small that will remain in the 300+
acres of open space in this development. However, the applicant was unwilling to protect all the
trees in the development area.
Commissioner asked about specific changes in the proposed agreement and staff replied and
also stated the proposed, amended and restated Development Agreement is overall better now
than the 2007 Development Agreement.
Staff also stated impervious coverage for the residential area did not change.
There was a discussion regarding the Master Development Fee.
Chair Brashear invited the applicant to speak.
Marcus Alonzo, Galo Properties stated this proposed agreement was submitted in November
2010. Due to the change in the market and lapse in time they decided to come back to staff and
work with staff on revising the agreement. Goal is to get the project started on the north and the
south and work their way to the center. The applicant stated they are here to provide an
amended development to follow both the 2007 and current Unified Development Code.
Chair Brashear Opened the Public Hearing. No one came forward, the Public Hearing was
closed.
Motion by Commissioner Facey to recommend to the City Council Approval of the Water Oak
Amended and Restated Development Agreement for 1354.48 acres located approximately four
miles west of I-35 between State Highway 29 and Leander Road. Second by Commissioner
Cochran. Approved. (6-1). Opposed Commissioner Pell.
4. Consideration and possible action on a Preliminary Plat for 79 residential lots on 24.07 acres, to
be known as Water Oak North, Section 1. PP-2011-004 (Jordan Maddox)
Chair Brashear noted that he pulled this item for consideration until after resolution of Item 7
since the two items were related, with the rules for this item being tied to the approval of the
Development Agreement in Item 7. Staff report by Jordan Maddox. The preliminary plat is
contingent upon approval of the proposed development agreement amendment that would
alter some key components of the existing agreement between the City and the property
owner/developer. The pending amendment to the Water Oak development agreement,
among other issues not relevant to this plat, would allow the first construction phase of the
project to occur north of the river rather than on the south side. The site for this plat is located
at the future intersection of Highway 29 and the planned north-south spine road called Water
Oak Parkway. The plat contains 79 residential lots anticipated to remain outside of the city
limits, under the umbrella of an in-City Municipal Utility District (MUD). The first section
and future sections will develop under the provisions of the Unified Development Code
(UDC), with some variations that are contained in the proposed agreement. The overall
project retains large amounts of open space, in the spirit of a conservation development,
although none of this open space acreage is contained within the first section. Future road
connections will be made directly to the south and west of this plat, with connections to
surrounding properties in addition to those within the Water Oak development. With the
Planning & Zoning Commission Agenda / December 6, 2011 Page 5 of 5
completion of a future bridge over the South San Gabriel River, Water Oak Parkway is
designed as an arterial connector between SH 29 and Leander Road.
Staff supports the preliminary plat based on the consistency with the applicable regulations,
pending development agreement, and conformance with the 2030 Comprehensive Plan.
The approval of the Commission will be conditional upon the Amended and Restated
Development Agreement gaining approval by City Council on December 13th.
Motion by Commissioner Facey for the Commission’s Approval of a Preliminary Plat for 79
residential lots on 24.07 acres, to be known as Water Oak North, Section 1. Second by
Commissioner Cochran. Approved. (6-1). Opposed Commissioner Pell.
8. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Annette
Montgomery)
Commissioner Montgomery presented an update on the current City projects discussed
during the November 11th GTAB meeting.
9. Questions or comments from Commissioners-in-Training about the actions and matters
considered on this agenda. Commissioners-in-Training asked and staff answered the
population in the ETJ is not counted towards the census. Commissioner-in-Training Peña
commended staff and the Commissioners on a job well done.
10. Reminder of the January 3, 2012, Planning and Zoning Commission meeting.
11. Adjourn 7:14pm
____________________________ __________________________________
Approved, Ercel Brashear, Chair Attested, Annette Montgomery, Secretary