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Planning & Zoning Commission Agenda / April 3, 2012 Page 1 of 9
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, April 3, 2012 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, Sally Pell, John
Horne, Roland Peña and Robert Massad
Commissioners in Training: Scott Rankin
Commissioner(s) Absent:
Commissioner(s) in Training Absent:
Staff Present: Valerie Kreger, Principal Planner; Jordan Maddox, Long Range Planner; Carla
Benton, Planner; Mike Elabarger, Planner; Robbie Wyler, Historic District Planner; David Munk,
City Engineer; 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 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.
1. Action from 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 March 6, 2012, meeting of the Planning and Zoning
Commission.
3. Consideration and possible action on a Preliminary Plat for 168 residential lots on 96.99 acres,
to be known as Sun City Neighborhood 59. (Jordan Maddox)
4. Consideration of the 2012 Annual Update to the 2030 Comprehensive Plan. (Jordan Maddox)
Item #4 was pulled to the regular agenda.
Planning & Zoning Commission Agenda / April 3, 2012 Page 2 of 9
Motion by Commissioner Cochran to approve the consent agenda including the Minutes as
amended of the February 7, 2012 meeting of the Planning and Zoning Commission. Second
by Commissioner Horne. Approved. (7-0)
Regular Agenda
5. Public Hearing and possible action on a Rezoning amendment to the Planned Unit Development
for Sun City Neighborhood 59, situated on 96.99 acres near the future extension of Pedernales
Falls Drive. REZ-2011-026 (Jordan Maddox) Staff report by Jordan Maddox.
This rezoning request corresponds with a proposed plat to allow 168 standard Sun City
residential lots on approximately 96 acres in Sun City. A rezoning and plat were approved in
2007 for the same neighborhood, but the number of lots and the lot configuration has
changed, prompting the need for this rezoning. The request is in conformance with the Sun
City Development Agreement and Concept Plan and the City’s 2030 Plan.
Chair Brashear invited the applicant to speak.
Peter Verdicchio, representing the applicant stated he will be glad to answer questions.
Chair Brashear Opened the Public Hearing, no one came forward, and the Public Meeting
was closed.
Motion by Cochran to recommend to the City Council approval of the rezoning request,
amending an existing Planned Unit Development known as Sun City Neighborhood Fifty-
Nine. Second by Commissioner Pena. Approved. (7-0)
10. Public Hearing and possible action on a Rezoning from the Agriculture (AG) District to General
Commercial (C-3) District for 2.04 acres of the Flores A. Survey, located at 2815 and 2817 North
Austin Avenue. REZ-2012-002 (Mike Elabarger) Staff report by Mike Elabarger. The property
was annexed into the City in 2005 with the default zoning designation of Agriculture (AG),
and the applicant has requested to rezone the property to the General Commercial (C-3)
District. The applicant recently purchased the property, which has had issues getting legal
tenants during the past 18 months, and now wishes to rezone to a commercial district that
provide it the most flexible and long-term solution. The requested General Commercial (C-3)
District will address the applicant’s immediate needs, as well as future redevelopment needs.
Because the property was created and developed prior to being annexed into the City (and
the inception of the Unified Development Code in 2003), per Chapter 14 of the UDC, the
property is considered legal nonconforming in regards to the site, lot, and structure. Specific
aspects of any nonconformities will be identified and addressed during the reoccupancy
process.
The property has approximately 550 feet of road frontage, and three current curb cuts, on North
Austin Avenue. Currently, the project to realign and rebuild the Lakeway Boulevard bridge
and intersection with NE Inner Loop is underway. The new bridge will move south and form a
ninety-degree at-grade intersection with NE Inner Loop at Austin Avenue. The current Exit
264 NB ramp that intersects with Austin Avenue will be moved approximately 1,000 feet
southward, to a similar 90-degree intersection.
With the above project, it is anticipated that the two northern-most driveways employed by this
property will be unnaccessible due to construction of a retaining wall on the east side of Austin
Planning & Zoning Commission Agenda / April 3, 2012 Page 3 of 9
Avenue, but the existing southernmost entrance will be able to be maintained to serve the
property. Should the property be redeveloped, the access could possibly be moved, depending
upon the layout of the new development.
Chair Brashear invited the applicant to speak. The applicant was not present.
Chair Brashear Opened the Public Hearing, no one came forward, and the Public Meeting was
closed.
Motion by Commissioner Massad to recommend to the City Council approval of the
Rezoning for 2.54 acres in the Flores Survey, from Agriculture (AG) District to the General
Commercial (C-3) District. Second by Pell. Approved. (7-0)
11. Public Hearing and possible action on a Rezoning from Agriculture (AG) District to Office (OF)
District for Chaparro Estates, Lots 1, 2, 3, 5 & 6, part of a Resubdivision to be known as Chapriel
Place, Block A, Lots 1-A, 2-A, 3-A, 5-A and Block B, Lot 1-B, located at the intersection of
Williams Drive and Sedro Trail. REZ-2012-003 (Carla Benton) Staff report by Carla Benton. The
applicant has requested to rezone the property from Agriculture (AG) District to Office (OF)
District to provide for potential development. The intent of the OF District is to provide a
location for general office and service activities. Typically allowed OF uses may include
general and professional offices, medical/dental offices, personal services such as salons for
tanning, beauty, barber, nails, day spas, studios such as photography and dance, printing,
banking, and document storage facilities. Electric service is provided by Pedernales Electric
Cooperative, water and wastewater are served by the City of Georgetown. The lots are
located along a major arterial. A Traffic Impact Analysis (TIA) was not deemed necessary for
review of this rezoning, but may be required with the Site Plan application for development
of the individual lots.
Chair Brashear invited the applicant to speak.
David Coombs, P.E., representing the applicants thanked staff for their assistance and stated he
will be glad to answer questions.
Chair Brashear open the Public Hearing
Proctor Sherwin, 243 Red Poppy Trail spoke, and would like a list of everything that can and
cannot be built and the building height restrictions. Staff will work with Mr. Sherwin to provide
the requested information.
J.C. Tunnicliff, 211 Sedro Trail stated he is concerned with flooding and drainage issues.
Mr. Coombs stated TCEQ will require a drainage study and any issues will be addressed.
Chair Brashear closed the Public Hearing.
Motion by Commissioner Montgomery to recommend to the City Council approval of the
Rezoning from Agriculture (AG) District to Office (OF) District. Second by Commissioner
Cochran. Approved. (7-0)
7. Public Hearing and possible action on a Special Use Permit for a Personal Service – Restricted
use on-site, more specifically a tattoo parlor, at City of Georgetown, Block 48, Lot 1 (w/pt), also
known as the Scarlet Red Salon, located at 308 W. 8th Street. SUP-2012-003 (Robbie Wyler)
Staff report by Robbie Wyler. The applicant has requested a Special Use Permit to allow the
salon to provide tattoo and piercing services, considered a “Personal Services, Restricted” use, in
Planning & Zoning Commission Agenda / April 3, 2012 Page 4 of 9
the MU-DT, Mixed-Use Downtown District. This use is defined in Section 16.02 as “an
establishment providing personal services that are generally less desirable adjacent to residential
areas including, but not limited to, tattoo parlors, body piercing studios, check cashing facilities,
bail bond agents, pawnshops, and palm and card readers.”
The applicant seeks to relocate and merge their services with the existing spa (Pink and Chic)
in suite 102 of the building. Upon the merge and with approval of a Special Use Permit to
allow for tattoo and piercing services, the full range of services within the business would
include spa treatment, hair salon, and tattoo/piercing services. Detailed within the
applicant’s supporting materials, the hours of operation would be Tuesday through
Thursday, 10 a.m. to 8 p.m., and Fridays and Saturdays 10 a.m. to 10 pm, with the salon
closed on Sundays and Mondays. On average, between 25 and 35 customers will be served
each week.
The applicant will merge with the existing tenant within Suite 102 of the building. The
building is located on the south side of W. 8th Street, between the Georgetown Public Library
and the Square. The only other business within the building is Island Music Studios.
The subject property is zoned Mixed-Use Downtown (MU-DT), as are all surrounding
properties, and is in a primarily commercial area. Across the street is an industrial-style
warehouse building owned by the County.
Staff is in support of the request and recommends approval based on the request fully
meeting the applicable criteria (below) listed in Section 3.07.030(C.) of the UDC:
In addition to the criteria for zoning changes in Section 3.06.020, the City Council may
approve an application for a Special Use Permit where it reasonably determines that there
will be no significant negative impact upon residents of surrounding property or upon the
general public. The City Council may consider the following criteria in its review:
The proposed use is not detrimental to the health, welfare, and safety of the surrounding
neighborhood or its occupants.
The proposed use does not negatively impact existing uses in the area and in the City
through impacts on public infrastructure such as roads, parking facilities and water and
sewer systems, and on public services such as police and fire protection and solid waste
collection, and the ability of existing infrastructure and services to adequately provide
services.
The proposed use does not negatively impact existing uses in the area and in the City
through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other
injurious or noxious impact.
Commissioners asked and staff stated hours of operation is tied to the Special Use Permit and
not determined by the applicant.
Chair Brashear invited the applicant to address the Commissioners.
Cirstan Hobbs, Scarlet Red Salon, stated she has been in business at the Austin Ave. location for
almost five years and was excited and honored to have the opportunity to move to a downtown
Planning & Zoning Commission Agenda / April 3, 2012 Page 5 of 9
location. She hopes she her application will be approved and have brought lots of people to
share their thoughts.
Lee Eddins, 181 Hickory Lane stated Cirstan is very nice, is a family friendly business and
would make a great hair salon addition to the downtown area.
Tammy Fite,125 Liscio Loop is in favor of the salon and is a very clean establishment.
Kylie Rosenbush, 1670 CR 143 is in favor and Cirstan is very professional, business is
welcoming, clean and very “hip”.
Tracie Lafaye, 207 Valley Dr. works in Austin, enjoys living in Georgetown and loves the salon.
Owner is very strict and safety is very important. Owner is very honest and a good person.
Scarlet Red Salon offers a family environment.
Matt Graves, 730 W. IH 35, has a business next to the property Scarlett Red Salon wants to move
into and feels this salon will draw a lot of traffic to the downtown area. In favor of a tattoo parlor
in the downtown area.
Jim Stevens, 106 Aspen Trail moved to Georgetown July 2011 have been with Cirstan and she is
very professional. Has a tattoo and feels Red Scarlet is very clean and techniques are modern.
Owner is very professional. Business would be a great addition to the downtown area.
Steve Doering, 712 Rock Street objects to the business being so close to the Georgetown Library.
Chair Brashear closed the public hearing.
Cirstan Hobbs appreciates all the support and appreciates the concern of being too close
to the City Library. She stated a tattoo is an expression of a person’s own view or art and she
hopes she can educate the citizens of Georgetown that a tattoo is not a bad thing. She is very
proud of her clients. Ms. Hobbs also stated she is received a letter from the Director of the City
Library and he is in full support of her business being located downtown and stated “downtown
Georgetown is a public place and they do not discriminate, so why would we ask the public to
discriminate you”.
Lyndsey Bandy, 306 West 8th Street, feels it’s wrong to have a tattoo parlor downtown and close
to the library.
Commissioners discussed the business being located downtown.
Motion by Commissioner Cochran recommend to the City Council denial of the Special Use
Permit for 308 W. 8th Street, Suite 102, to allow a Personal Services, Restricted use, more
specifically tattoo and piercing services. Second by Commissioner Approved. (6-1) Horne
Opposed.
8. Public Hearing and possible action on a Special Use Permit for a Bed & Breakfast use on a
residentially zoned property, at Lost Addition, Block 77 (s/pt), located at 1602 S. Austin
Avenue. SUP-2012-004 (Robbie Wyler) Staff report by Robbie Wyler. The Bed and Breakfast
(B&B) use is defined as: a private residential structure(s) used for the rental of overnight
accommodations and whose owner serves breakfast at no extra cost to its lodgers. In all
designated zoning districts, the primary use of the property shall be residential with the Bed
and Breakfast use considered an accessory use. The events associated with a Bed and
Breakfast shall be subordinate to the Bed and Breakfast. The applicant has stated this B&B
will not be hosting special events and is not requesting to be a B&B with Events. Should they
choose to do so in the future, a new Special Use Permit will have to be approved prior to
Planning & Zoning Commission Agenda / April 3, 2012 Page 6 of 9
special event activities taking place. The applicants, residents of the subject property, seek to
open their 2300 square foot, 3-bedroom home as a small B&B with two guest rooms. The
owner will occupy the third bedroom. The site already has four on-site parking spaces for
both themselves and B&B guests. The applicant recently went to the Historic and
Architectural Review Commission (HARC) for approval on both the site plan associated with
the change in use for residential with a B&B and for an alternative parking plan to allow the
existing residential parking surfaces to be used towards the required parking. Both requests
were approved by HARC on March 22, 2012.
Chair Brashear invited the applicant to address the Commissioners.
Phil Brown, complimented staff. He stated him and his wife want to bring a bed and breakfast to
the downtown area and are strongly committed to being good neighbors.
Chair Brashear opened to the Public Hearing. No one came forward, the Public Hearing was
closed.
Motion by Commissioner Cochran to recommend to the City Council approval of the Special
Use Permit for 1602 S. Austin Avenue, to allow a Bed & Breakfast use (without events) on this
property. Second by Horne. Approved. (7-0)
9. Public Hearing and possible action on a Special Use Permit for an on-site drive-through on a
Mixed-Use Downtown (MU-DT) zoned property, at City of Georgetown, Block 24 (replat), to be
known as Hat Creek Burgers, located at 405 S. Austin Avenue. SUP-2012-005 (Robbie Wyler)
Staff report by Robbie Wyler. Staff reviewed over the history of the property. The applicant
has requested a Special Use Permit to allow a restaurant drive-through as part of a proposed
infill project for the currently vacant west half of Block 24. The vacant lot is Phase 2 of the
block’s overall development plan. Phase 1 is already built and consists of the Main Street
Townhomes directly to the east.
Restaurant with Drive-Through is permitted in the Mixed-Use Downtown (MU-DT) zoning
district subject to approval of a Special Use Permit. Both the subject lot and the townhomes
are zoned Mixed-Use Downtown, a zoning district that encourages a mix of residential and
non-residential on one site within a block. Given the conceptual site layout, the intended
purpose of the shared private alley, the zoning/future land use designation, the Downtown
Design Guidelines, and the site topography, staff considers the proposed restaurant with
drive-through appropriate for this site.
The drive-through area is located at the east end of the proposed project and is screened from
the Townhomes to the east by a landscaped fence.
The applicant, Hat Creek Burger Company, which currently operates two other restaurants in
the Austin area, states the drive-through window accounts for around 1/3 of the overall
transactions and customers. In the conceptual site plan, they have screened all sides of the
project with landscaping, fencing and new trees and have paid particular attention to the
drive-through area, ensuring as little impact as possible on the townhome neighbors to the
east.
Planning & Zoning Commission Agenda / April 3, 2012 Page 7 of 9
Staff stated to prevent a development to block the entrance to the garages of the townhomes a 25
foot access easement which includes the alley. This is a private/commercial driveway which as
part of the original plan is to serve both the townhomes (Phase One) and the future
development (Phase Two). This development plans to use part of the existing alley. Staff stated
no matter what is developed on this property, the existing alley will be used.
Staff stated the applicant has included a conceptual site plat and conditions can be added but
reminded the Commissioners the Site Plan will need to be approved by the Historical and
Architectural Committee.
Staff stated the applicant made a presentation to the Historical and Architectural Committee; no
Certificate of Design Compliance was approved.
Staff addressed questions asked by Commissioners regarding the 25 foot easement.
Chair Brashear invited the applicant to address the Commissioners.
John Kiltz, Stonelake Capital Partners is a resident of Georgetown and wants this development
to be very family oriented. He owns the alley and the projected project is a very low density
building that will include park benches, playground for the kids. Mr. Kiltz stated only 1/3 of
their business is drive-thru.
Andrew Solin, 406 S. Main Street gave a presentation regarding the negative impact of the bright
lights, noise, smell of burger and fries. Mr. Solin stated the Hat Creek restaurant located in
Westlake is a good location. He also stated he is concerned with the neighborhood property
values, quality of life and the ability to walk safely around their homes.
PJ Stevens, 1978 S. Austin Ave, stated he was asked to be here to represent the home owners. He
is concerned with the conceptual plans and safety issues.
Larkin Tom, 502 S. Walnut stated concerns with traffic in the neighborhood. She does not feel
this is the best place for a drive-through.
Sarah Milburn, 132 River Rd stated she purchased a home in downtown and enjoys being able
to walk to the square. She is concerned with a line of idling cars and a speaker requesting orders.
Drive thru is not appropriate for the downtown area.
David Romine, 426 S. Main Street, is concerned about the exhaust fans and stated this project is a
nightmare. She asked the Commissioners to protect their neighborhood.
Heather Britt, 418 S. Main stated area homeowners are against the application. She approves the
mixed use, but this application is not appropriate for downtown.
Hiram Pulido, 422 S. Main Street, is concerned with traffic safety. The alley is only 25 feet and is
not designed for two-way traffic. It will be unsafe.
Claire Easley, Georgetown Realtor, stated an office is more appropriate than a drive-through in
downtown Georgetown.
Bob Mullins, 402 S. Main stated he is concerned with safety in the alley. Hat Creek Burger is
literally taking what they thought was their own. The alley was not designed for high impact
traffic.
Joe Likes, 414 S. Main Street stated he is only concerned with the drive-through and the
alleyway. Hat Creek would be a positive move for Georgetown, but he is a citizen of
Georgetown, and is opposed to the drive-through and ask for a different driveway entrance. Mr.
Likes, asked for a sound proof fence.
Elizabeth Neuhalfen, 215 Mustang Island fell in love with Georgetown, where you can walk and
look and shop. Feels the alley will become a parking lot and is not a place for a drive through.
Planning & Zoning Commission Agenda / April 3, 2012 Page 8 of 9
Chair Brashear closed the Public Hearing.
Chair Brashear invited the applicant to address some of the citizen’s comments.
Mr. Kiltz stated the zoning has not changed and their application is a conforming use. Staff
suggested using the alley which he owns.
Commissioners discussed with staff regarding the parking issues. Staff stated this project meets
all guidelines.
Commissioners discussed the business with a drive-thru going downtown.
Motion by Montgomery to recommend to the City Council denial of the Special Use Permit
for Hat Creek Burger Company to allow a restaurant drive-through at 405 S. Austin Avenue
as shown on the conceptual site layout, subject to HARC approval of the final site layout.
Second by Commissioner Pena. Approved. (7-0)
4. Consideration of the 2012 Annual Update to the 2030 Comprehensive Plan. (Jordan Maddox)
Jordan Maddox reviewed over the update for the 2030 Comprehensive Plan.
6. Public Hearing and possible action on various amendments to the Future Land Use Plan, in
conjunction with the 2030 Plan Annual Update. (Jordan Maddox)
Jordan Maddox gave a presentation to Planning Commissioners.
Chair Brashear Opened the Public Hearing. No one came forward to speak, the Public Hearing
was closed.
Motion by Commissioner Massad to recommend approval of the amendments to the 2030
Comprehensive Plan and Future Land Use Plan. Second by Commissioner Pell. Approved. (7-0)
12. Consideration and possible direction to staff to include a quantitative analysis portion in staff
reports to address the existing amount of a particular land use or zoning district and how those
numbers would be impacted by the proposed change.
Staff report by Valerie Kreger. Valerie Kreger explained mult-family zoning is not the only
zoned districts that allow multi-family development. Staff stated GIS can provide a number of
acreage that is zoned for potential multi-family and can look at the Land Use Plan and look at
the entire ETJ which is over 112,000 acres. High Density residential is a little over 1%. It is
difficult to know what has been built.
Planning and Zoning Commissioners directed staff to create a helpful list and report during the
next schedule Planning and Zoning meeting.
13. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Annette
Montgomery) report by Annette Montgomery. Commissioner Montgomery reported on the
March 9th Georgetown Transportation Advisory Board.
14. Discussion and possible action regarding a second monthly Planning and Zoning meeting.
Staff report by Valerie Kreger. As directed by the Planning and Zoning Commission, staff
suggested the 2nd monthly Planning and Zoning meeting be scheduled for the 3rd Tuesday of
the month starting at 6:00pm.
Planning & Zoning Commission Agenda / April 3, 2012 Page 9 of 9
Motion by Pena, to hold a 2nd monthly Planning and Zoning meeting, if needed on the 3rd
Tuesday of the month starting at 6:00pm. Second by Commissioner Cochran. (7-0)
16. Questions or comments from Commissioners-in-Training about the actions and matters
considered on this agenda. NA
17. Reminder of the May 1, 2012, Planning and Zoning Commission meeting.
18. Adjourn 9:09pm
_____________________________________ __________________________________
Ercel Brashear, Chair Annette Montgomery, Secretary