HomeMy WebLinkAboutMinutes_P&Z_03.05.2013
Planning & Zoning Commission Agenda / March 5, 2013 Page 1 of 10
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, March 5, 2013 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Rola nd Peña, Chair; Robert Massad, Vice-chair; John Horne, Secretary;
Porter Cochran, Scott Rankin, Mike Hewlett and Bob Brent
Commissioners in Training: Kevin Viette
Commissioner(s) Absent:
Commissioner(s) in Tr aining Absent:
Staff Present: Andrew Spurgin, Planning Director , Jordan Maddox, Principal Planner , Valerie
Kreger, Principal Planner; Matt Synatschk , Downtown Historic Planner Skye Masson,
Assistant City Attorney and Stephanie McNickle, Recording Secret ary.
Chair Peña called the meeting to order at 6:00 p.m. and Commissioner Brent led the Pledge of
Allegiance.
Chair Peña 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
is permitted to address the Commission once for each item, for a maximum of three (3)
minutes, unless otherwise agreed to before the meeting begins.
As of the deadline for this agenda, no persons were signed up to speak on items other than
what was posted on the agenda.
Consent Agenda
The Consent Agenda includes non-controversial and routine items that the Com mission 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.
Regular Agenda
1. Election of Vice-chair and Secretary for the 2013-2014 Planning and Zoning Commission.
Motion by Commissioner Massad to nominate himself as Vice-chair of the 2013-2014
Planning and Zoning Commission. Second by Commissioner Cochran. Approved. (7-0)
Motion by Commissioner Horne to nominate himself as Secretary of the 2013-2014
Planning and Zoning Commission. Second by Chair Peña . Approved. (7-0)
2. Consideration of the Minutes of the February 5, 2013, meeting of the Planning and Zoning
Commission.
Planning & Zoning Commission Agenda / March 5, 2013 Page 2 of 10
Motion by Commissioner Horne to approve the minutes from the February 5 , 2013 Planning
and Zoning meeting. Second by Commissioner Massad. Approved. (7-0)
3. Consideration and Possible Action on a Fina l Plat, amending an approved Preliminary Plat
for 89.069 acres located on S.H. 29 West, known as Water Oak North Section 1. PP -2012-016
(Jordan Maddox)
Staff report by Jordan Maddox. This final plat accommodates amendments to a Preliminary
Plat that was approved on December 6, 2011 (effective December 13, 2011). The Unified
Development Code provides for deviations to a Preliminary Plat to be considered by the
Planning and Zoning Commission through a Final Plat. This case is eligible for the process
and includes additional lots and acreage. Following approval of a Preliminary Plat with 79
residential lots on approximately 24 acres, the developer encountered difficulties obtaining
TCEQ approval for the planned detention features and therefore added addition al open space
to qualify for an exemption from TCEQ requirements. This 65 -acre addition prompted the
need to return to P&Z and, with the addition of the open space land, the developer is also
including in this plat two commercial lots and a lot reserved for a future fire station, per the
development agreement. No additional single-family lots or right -of-way are being included
in this plat.
Staff supports the final plat with the described amendments to the approved preliminary plat
based on the consistency with the applicable regulations, existing Development Agreement,
and conformance with the 2030 Comprehensive Plan, conditional upon the late submittal of
the required tree survey.
Motion by Commissioner Cochran for a pproval of a Final Plat for Water Oak North Section 1,
conditional upon the late inclusion of the required Tree Survey for the non -residential lots.
Second by Commissioner Horne. Approved. (7-0)
4. Public hearing and possible action on a Special Use Permit for an event facility in the
Mixed-Use Downtown (MUDT) zoning district and for office space and an event facility
pursuant to Ordinance 92-4, for Glasscock Addition, Block 9, Lots 1 & 2, located at 224 E. 8th
Street, to be known as The Union on Eighth. SUP -2013-001
Staff report by Valerie Kreger. The applicant has requested consideration of a Special Use
Permit (SUP) that would allow an Event Facility to locate in the Mixed Use Downtown
(MU -DT) district at 224 E. 8th Street. The Event Facility land use category was recently
acknowledged and defined via the “Director’s Determination of an Unlisted Use” process.
Additionally, per the conditions of Ordinance 92 -4, the applicant is requesting land use and
site design approval to operate a 4,200 square foot office area during the week days as well
as the event venue.
Approval of both the SUP and the land use/site design per Ordinance 92 -4 is required for
the proposed project to be permitted at this location.
The current structure was built in 1928. The site was used for automobile repair, Con way
Transmission, until its recent purchase by the current property owner. The building is in its
original configuration with little to no change over the years.
The property was rezoned in 1992 to bring the zoning into conformance with the use of the
Planning & Zoning Commission Agenda / March 5, 2013 Page 3 of 10
property (auto repair) and ensure the continuation of that use, enabling the applicant at
that time to obtain a small business loan and purchase the property. The request was to
change the zoning from Residnetial Single-Family to C2 -A Commercial First Height in
order to accommodate the existing use. The district allowed auto repair, auto sales,
bottling, testing laboratories, outdoor commercial recreational activities, lumber yards, and
drive-in theaters in addition to all of the uses allowed in the more restrictive commercial
districts (retail, offices, personal services, hotels, vet clinics, hospitals, etc.) There were
objections from some of the neighboring property owners, so the Planning and Zoning
Commission directed staff, the applicant and neighborhood representatives to facilitate a
solution. The rezoning was eventually approved with conditions as follows:
1. The use of the property for the existing automotive transmission repair business may be
continued, but the non-conforming status of the property shall be discontinued, except
that the existing building may be converted to other automotive related activities as
listed below; or to office use with a maximum floor area not to exceed 2,000 square feet
with in the current structure;
2. All RS -Residential Single Family uses are allowed-by-right and shall be approved in
accordance with normal City procedures;
3. Any other use permitted by C-2A Commercial First Height zoning and except as
allowed by RS -Residential Sin gle Family zoning must first be approved by the Planning
and Zoning Commission and City Council prior to its establishment;
4. In the even of total demolition or removal of the current structure on the property a
new automotive repair garage for the uses iden tified below may be established with the
floor area not to exceed 4,200 square feet or office uses not to exceed a maximum area of
2,000 square feet. As defined above, reasonable uses consisting of automobile related
service and repair shall be contained within the structure. However, these allowable
uses shall not include paint and body or salvage type operation, as well as those
considered noxious due to noise, fumes, vibration, odor and glare; and
5. Any conversion of the existing building to office use or reconstruction on the site other
than for RS -Residential Single Family uses allowed by right shall first receive design
approval by the Planning and Zoning Commission as to design and compatibility of the
project with the surrounding residential neighborhood. This will involve a design
review process which allows for public review and comment through a hearing before
the Planning and Zoning Commission.
With the adoption of the UDC in 2003, any C2-A districts in the Downtown Overlay were
converted to C-2, Downtown Commercial zoning. The name of the C-2 district was later
changed to MU -DT, Mixed Use Downtown. Standards and land uses were also updated with
the change, removing any of the more intense uses such as auto repair.
While the City no longer applies conditions to rezoning ordinances, there are occassionally
older ordinances where conditions were permitted that are still applicable to specific
properties and must be adhered to until removed by subsequent City Council action. What
this translates to for this property is:
1. Another general automotive repair and services use, excluding paint and body, salvage,
and outdoor usage, can go into the building without Council approval, not to exceed
Planning & Zoning Commission Agenda / March 5, 2013 Page 4 of 10
4,200 square feet. Reconstruction of the building for such would require design
approval by the Planning & Zoning Commission (as well as HARC).
2. A single-family residential use can go on the site without Council approval (although
any demolition of the Medium Priority historic structure would require HARC
approval, as well as any new structure).
3. 2,000 square feet of the existing building can be converted to office space, with design
approval by the Planning & Zoning Commission. A new office building could not
exceed 2,000 square feet and would require design approval by the Planning & Zoning
Commission (in addition to HARC).
4. Any other uses otherwise allowed by the Code require approval by the City Council,
with any reconstruction requiring design approval by the Planning & Zoning
Commission (in addition to HARC).
For this application specifically, the Event Facility use falls under situation 4 listed above
and therefore requires City Council approval as well as Planning & Zoning Commission
approval of the design of the added courtyard area, as it is usable space. Additionally ,
office space in excess of 2,000 square feel is proposed, therefore also requiring City Council
approval as well as Planning & Zoning Commission design approval.
The UDC establishes a process for addressing a land use that is not covered in Chapter 5,
wh ereby the Planning Director may determine the appropriate classification (permitted by
right, permitted with limitations, permitted with approval of a Special Use Permit (SUP),
or not permitted in a zoning district). The applicant’s proposed use of “event space” fell
into this situation.
The Director determined the “event space” use did not fit within any of the existing uses
listed in Chapter 5 and therefore required the new use category of “Event Facility” be
established as outlined below. Specifically, h e determined an Event Facility in the MU -DT
district requires approval of an SUP. Additionally, limitations were included, applicable to
all Event Facilities. The Zoning Board of Adjustment upheld the Director’s determination
through the consideration of a n appeal on January 23, 2013.
This property is designated as a Specialty Mixed-Use Area on the 2030 Plan Future Land
Use Map, due to its location within the Downtown Overlay District.
This category also applies to downtown Georgetown, reflecting its role as a regional
destination for services, cultural, and civic function. This emphasizes the urban character
and the mix and intensity of uses uniquely suited to this center of activity. The designation is
intended to permit a true mix of uses, with unique development standards tailored to the
character of the area, such as the downtown area. As promoted by the Downtown Master
Plan, the intent is to move the downtown area towards becoming a center of activity not only
in the day, but also at night and on weekends, by promoting a mix of commercial,
entertainment, residential, and civic uses.
Any proposed shared parking plans or valet parking will require administrative approval.
Landscaping on-site will also be reviewed via an administrative CDC and Minor Site P lan.
Additional lighting as well as any proposed signage or additional exterior changes will
require HARC approval. Building permits and a Certificate of Occupancy will be required
to complete the process.
Planning & Zoning Commission Agenda / March 5, 2013 Page 5 of 10
Staff has reviewed this application with regard t o the 2030 Plan, the Downtown Master
Plan, and the provisions of the UDC and finds the following:
The 2030 Plan emphasizes the desire for the downtown area to be a destination and activity
area not only during the day, but at night and on the weekends as well. To accomplish this,
the Plan directs the City to support a mix of services, retail, entertainment venues suited to
the scale and charm of downtown and to promote re-use and re-investment in older
developed areas to strengthen and diversify both downt own and the historic
neighborhoods. Staff finds that the proposed plan meets the desire of the 2030 Plan as it
proposes re-use of an existing commercial site in the downtown area, helps to diversify the
types of uses available downtown, and will be a destination providing activity in the
evenings and on weekends too.
The UDC Approval Criteria for the SUP was also reviewed.
• The criteria state the proposed use cannot be detrimental to the health, welfare, and safety
of the surrounding neighborhood or its oc cupa nts. The proposed Event Facility will
operate similarly to events that are permitted at a B&B without any additional public
review. The activity on the site will be focused on the front half of the property adjacent to
8th Street. The applicant has indicated DJs, bands, amplification will be required to be
housed inside the building. The 8 -foot wall, already approved by HARC, will serve for
screening, privacy, and to dampen noise. The applicant has also indicated he will require
attendees to adhere to a parking plan that will prohibit parking along Myrtle Street,
additionally protecting the residences to the south and east. Parking requirements are
minimal downtown, intending use of public parking areas.
• The criteria also state the proposed conceptual site layout, circulation plan, and design are
harmonious with the character of the surrounding area. The applicant has taken the
surrounding residents into consideration with the design of the site. An existing historic
building that has been in place since 1928 will remain and be re-used. The outdoor
courtyard area has been located furthest away from the residential areas to the south and
east. The wall has been designed to be pedestrian friendly while providing screening and
noise control. As mentioned, the applicant should have a parking strategy, including a
shared parking agreement in effect, to address the parking demands of larger events.
• The criteria require that the use not negatively impact public infrastructure, or public
services. The Event Facility will be required to meet the noise ordinance which is enforced
by the City of Georgetown Police. The applicant has taken measures to address the noise
effects on the nearby residences. While there is ample public parking available in the area,
the applicant should have a parking strategy, including a shared parking agreement in
effect, to address the parking demands of larger events.
• Finally, the criteria require that the proposed use not negatively impact existing uses in
the area and in the City throug h the creation of noise, glare, fumes, dust, smoke, vibration,
fire hazard, or other injurious or noxious impact. The applicant has attempted to mitigate
any potential noise impacts. Minimal lighting has been proposed. It would be anticipated
that this use would have less potential for fumes, dust, smoke, vibration, or fire hazard
impacts than the previous automobile repair shop.
Regarding the conditions of the existing 1992 ordinance, staff finds that the proposed uses
are supportable as outlined above. HARC has already reviewed and approved the design
Planning & Zoning Commission Agenda / March 5, 2013 Page 6 of 10
changes to the building and site. This process provides the public review and comment
opportunities required by the ordinance.
Commissioner Cochran commended Valerie Kreger on her very detailed and well written
staff report.
Commissioners asked and staff responded stating the noise level is enforced by the Police
Department and a decimal reader will be used. The parking agreements are being worked
on by the city.
Chair Peña invited the applicant to speak.
Justin Bohls, owner of Conway transmission /Union on 8th gave a presentation of the
building’s history, showing pictures of the property currently and the surrounding parking
area . Mr. Bohls stated there are rumors indicating events in the building will b e attended
by 400+ people and portal potties will be placed on the property. Mr. Bohls assured the
Commissioners this will not happen. He apologized again for the use of words that were
offensive to some people and stated it was just the excitement of brin ging a historic
building to life.
Mr. Bohls read the vision for the Downtown Georgetown and he hopes this event center
will bring more people to the Downtown area and encourage pedestrian activity.
Mr. Bohls also listed several Bed & Breakfast in the area that are working well in the
downtown area.
Mr. Bohls also stated there are over 225 parking spaces in the area and will have a parking
agreement with the City of Georgetown and valet parking and shuttle service will be
available. Mr. Bohls also stated he will purchase a noise reader and will uphold the noise
ordinance.
Mr. Bohls stated he and his wife would like to c reate an upscale event center as oppose to a
current eye soar. Alcohol will be served by a certified TABC bartender.
Discussion regardin g the accordion door and fire code will be reviewed.
Chair Peña opened the Public Hearing .
Micky Ross, Director of the Williamson Museum stated she rents the courthouse for events
which has doubled. She supports the event center and feels it would bring more people to
the downtown area.
Ross Hunter, 908 Walnut Street discussed the context of this newly determined use which
will be added to the UDC (Unified Development Code). The UDC taskforce consist of
developers, business people, city staff and residential citizens will gather and hash out the
pros and cons of a particular use. This use has not been discussed in a taskforce meeting .
MUDT is a deliberate mix of residential and commercial. Questioning if this will become a
rise of property values. Uses are used to buffer and to make sure it fits. The taskforce will
undertake the decision and figure out how to work this use in the UDC. Buffers will be
needed between residents and commercial.
It’s not clear this event center will actually bring in business to the downtown area. Mr.
Hunter stated Commissioners are b eing asked to test this use without testing to make sure
Planning & Zoning Commission Agenda / March 5, 2013 Page 7 of 10
it fits and regrets the cart is before the horse. Mr. Hunter urges Commissioners to turn
down the application.
Robert Bousquet, 204 East 8th S treet , complimented staff and Mr. Bohls on their
presentation . However, he is c oncern ed with the noise and the location of the 30 foot door
and the noise coming out of it which will be directly facing his property, formally known
as Chantal’s Bistro.
Elizabeth Lockhart, 809 S. Main Street stated she has a downtown shop and will not be able
to survive without traffic in the downtown area and feels the event center will help . She
does not want to see parking lots empty and is scary for a downtown business owner. She
supports the event center.
Amanda Still, 1623 Rivery Blvd. owns business in Georgetown and feels a beautiful artistic
place would be a great addition to downtown Georgetown and supports the event center.
Bob Phipps, 1404 Elm Street lives in old town and feels the event center will be putting
more demands on our police department dealing with noise violation . He asks how are
you going to enforce the parking issue, the loss of property taxes from homes being
devalued. He strongly opposes the event center.
April Welch , 313 East 7th Street is concerned about the not being notified of this upcoming
project. There are plenty of citizens not obeying city ordinance for other things which are
not being enforced, why would this property owner obey them. Upset about parking and
noise. She strongly opposes the event center .
City Staff explained the notification process.
Lisa S huma te, 209 East 9th street object to the event center and stated it will jeopardize the
safety and wellbeing of her fam ily.
Mark Truxillo, 806 S. Myrtle Street lives next door to the event center. He enjoys the quiet ,
but his house is next door to the courtyard and is concerned with the noise. He feel this
event center is not appropriate for the area and does not want to lose his peace and
tranquility.
JC Johnson , 303 East 9th street and gave a brief history of the property and stated the
property was rezoned was to accommodate the previous owner of Conway Transmission .
He asks to protect the residential area. He is opposes the event center.
Linda Johnson, 303 East 9th street. She stated her husband’s family has owned the property
since 1901 and has enjoyed seeing many family functions at their home. She is concerned
all the peace and quiet which people enjoy could come to an end because of the 1992
rezoning . Feels the event center will become a night club and does not want a night club
Planning & Zoning Commission Agenda / March 5, 2013 Page 8 of 10
near home or her neighbor’s home. She asked the Commission to vote against the event
center.
Matt Graves, 16 West 8th S treet feels th e event center would be a great benefit and will host
film camps in the summer and feels his event space is perfect for his business, which will
also bring more people to visit the downtown area.
Larry Olsen, 300 East 9th S treet stated his home is ½ block away from the proposed party
and event facility . Mr. Olsen reviewed the Definition of the Downtown Master Plan and
stated the event center with its partier and drinking 50 feet from family homes is neither
transitional nor compatible with the definition of the Downtown Master Plan. Mr. Olsen
stated the rezoning will allow the event center to be open every day. He stated a petition
will be presented to the City of Georgetown. Concern with the parking and will be a
negative impact to the neighborhood. Fire trucks will not be able to assist the
neighborhood due to the cars parked along the streets which will be detrimental to the
safety of the neighborhood. The noise will also negatively impact the neighborhood.
The business owners in support of the event center do not live close to the event center.
Laura Eliel, Round Rock had a business in the downtown area and stated this city does not
often support the small business. Feels the event center will economically be beneficial to
Georgetown.
Carly Dunnell, 109 West 7th street was excited to hear about the event center and would
like to have more events come to the downtown to help support the downtown business.
There will be only 3 hours of music per event and feels the concerns were addressed. Ms.
Donnell is in favor of more business to the downtown and she asks the Commissioners to
support the event center.
Kim Wolfman, 708 S. Austin Ave, feels t here is a tremendous need for an event center in
the downtown area.
Todd White, 308 West 8th Street stated he is a wedding photographer and has shot many
weddings and it is outrageous to think wedding attendees leave drunk , use the bushes for
bathrooms and scream obscenities. He understands concerns of the neighbors, but feels the
applicant have addressed these issues. He is in support of the event center.
Dee Rapp, 1008 East University gave a brief history of her bed and breakfast and obey s the
city ordinances and the Bolh’s are willing to do what it ta kes to obey the ordinances
included in the Special Use Permit. Ms. Rapp stated the Bohls love the building and they
will work to preserve it .
Time Hammond, 404 E. 7th Street stated he lives more than 200 feet away from the building.
Mr. Hammond stated people do not pa y attention to the parking rules. He a sk ed the
Planning & Zoning Commission Agenda / March 5, 2013 Page 9 of 10
commissioners not to be naive regarding the parking. He does not feel shopping will
improve just because of the event center and feels it will create a totally unsafe
environment.
Chair Peña closed the Public Hearing .
At this time Chair Peña moved for a 10 minute recess.
Motion by Commissioner Cochran to Recommend to the City Council approval of the
requested SUP for an Event Facility as well as the establishment of the Event Facility and
Office uses and design as required by Ordinance 92 -4 subjec t to the following conditions
being added to the SUP:
1. Events shall be limited to a maximum of 225 guests;
2. Events shall start no earlier than 9:00 a.m., and shall end by 10:00 p.m. Sunday through
Thursday and by 11:00 p.m. on Fridays and Saturdays;
3. Music a nd entertainment shall discontinue by 9:45 p.m. Sunday through Thursdays and
by 10:45 p.m. on Fridays and Saturdays;
4. Alcoholic beverages shall not be served after 9:30 p.m. Sunday through Thursday and
10:30 p.m. on Fridays and Saturdays;
5. Any amplification, speaker or music source shall be required to be located entirely
within the building;
6. A facility representative shall be required to be present on -site during all events;
7. A minimum of one security officer shall be required at any event exceeding 50 guests,
with two required at events exceeding 100 guests;
8. Events serving alcohol shall require a state-licensed and certified bartender;
9. No direct retail sales of alcohol to the general public is permitted;
10. Primary entry to the building will be on the north side of the property for guests,
vendors, and office usage;
11. No parking related to the event or office usage will be allowed on Myrtle Street and the
adjacent residential area;
12. The applicant shall acquire a shared parking agreement, as outlined in the UDC, to
address the parking demands of larger events prior to issuance of the Certificate of
Occupancy.
Second by Commissioner Brent. Approved. (7-0)
5. Directors Report: Rivery Blvd. extension. Make the Commissioner aware of the public
meeting tomorrow night regarding the extension of Rivery Blvd.
6. Updat e on the Georgetown Transportation Advisory Board (GTAB) Meetings.
Elect a representative from the Planning and Zoning Commission to serve on the
Georgetown Transportation Advisory Board. Commissioner Rankin volunteered to serve
as the P&Z representative to serve on the GTAB Board.
7. Elect a representative from the Planning and Zoning Commission to serve on the Zoning
Board of Adjustment. Commissioner Cochran volunteered to serve as the P&Z
representative to serve on the Zoning Board of Adjustment.
Planning & Zoning Commission Agenda / March 5, 2013 Page 10 of 10
8. Questions or comments from Commissioners -in -Training about the actions and matters
considered on this agenda. NA
9. Reminder of the March 19, 2013, Planning and Zoning Commission meeting.
10. Motion to Adjo urn at 8:44 p.m.
_____________________________________ __________________________________
Roland Peña , Chair John Horne, Secretary