Cedar Park City Council denied an annexation and rezoning request March 27 that would have made way for a 23-acre apartment complex and commercial development at the northwest corner of Parmer Lane and Brushy Creek Road.

City Council originally debated and tabled the annexation and rezoning ordinances Feb. 27. However, during the final reading four weeks later, a majority of members voted down the requests.

"The multifamily request did not support the future land-use plan and was in conflict with the multifamily guidelines we have in the city," said Amy Link, Cedar Park planning and development director.

For example, apartments and condos should be spaced at least a half-mile apart, according to city rules. Apartment community Silverado at Brushy Creek is directly across West Parmer Lane from the property.

The applicant requesting the changes, Ann Seaman, was represented at the City Council meeting by real estate broker Robert Knight.

"We have had, over the last 12–15 years, probably four or five people who have inquired about buying the property for commercial use, and all declined to go forward once they found out the status of the property," he said. "There's no access onto Brushy Creek Road. A 12–15-foot, at its highest point, retaining wall separates the property from Parmer Lane."

However, a potential buyer, The Carroll Companies, was interested in developing the land near the Breakaway Park neighborhood with a high-end apartment complex and 5 acres of commercial space.

"Staff has always suggested that mixed-use would be appropriate for the property but said it should be vertical mixed-use—retail on ground and housing above," he said. "But we haven't found anyone in the market who is interested in doing that today."

All but 9.84 acres in Cedar Park's extraterritorial jurisdiction needed to be annexed into the city before rezoning could legally occur. The applicant's request for annexation was contingent upon City Council's approval of the rezoning, Mayor Matt Powell said.

"I met with Mrs. Seaman, and she indicated to me that she considers the annexation voluntary if we would do the zoning," he said. "She's not interested in the annexation if the zoning was not going to pass."

After the vote, Powell said he hoped the two parties could still find a compromise. Newly appointed City Attorney J.P. LeCompte said the applicant is not allowed to submit the same rezoning request for the property within 12 months.