HomeMy WebLinkAboutMinutes P&Z 08.06.2019City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, August 6, 2019 at 6:00 p.m.
Courts and Council Building, located at 510 W. 91h Street, Georgetown, TX 78626
Commissioners present: Ercel Brashear, Chair; Travis Perthius; Gary Newman; Ben Stewart, Secretary;
Marlene McMichael; Tim Bargainer, Vice -Chair; Kaylah McCord
Commissioners in training present: Glenn Patterson; Aaron Albright
Staff Present: Andreina Davila -Quintero, Current Planning Manager; Nat Waggoner, Long Range
Planning Manager; Ethan Harwell, Planner; Mirna Garcia, Management Analyst
Chair Brashear called the meeting to order at 6:00 p.m. and Commissioner McCord led the pledge of
allegiance.
A. Public Wishing to Address the Board
At the time of posting, no persons had signed up to address the Board.
Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon
with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and
acted upon individually as part of the Regular Agenda.
B. Consideration and possible action to approve the minutes from the July 16, 2019 regular meeting of
the Planning and Zoning Commission. — Mirna Garcia, Management Analyst
Chair Brashear stated that there was an error in the minutes regarding the approval score for Items
C and D. The minutes indicate approval of (9-0), but it should be changed to (7-0).
C. Consideration and possible action on a Final Plat with Major Deviations from the Approved
Preliminary Plat for Sun City Neighborhood 70, consisting of approximately 13.89 acres in the
Frederick Foy Survey, Abstract No.229, generally located at 195 Silver Spur Boulevard (2019-21-FP).
— Ethan Harwell, Planner
Motion by Stewart to recommend approval of the Consent Agenda, with a modification to Item
B July 16, 2019 minutes; reflect the vote change from (9-0) to (7-0) for Items C and D. Second by
Commissioner Bargainer. Approved (7-0).
Legislative Regular Agenda
D. Continued from the July 16, 2019, Planning and Zoning Commission Meeting:
Public healing and possible action on a request for a Special Use Permit (SUP ) for the Permanent
Mobile or Outdoor Food Vendor specific use within the Mixed -Use Downtown (MU-DT) zoning
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district on the property located at 201 E 9th St. bearing the legal description of Lot 6, Block 9,
Glasscock Addition. — Andreina Davila -Quintero
Chair Brashear asked Davila -Quintero about the process for this application because it was an item
from the previous meeting. Davila -Quintero indicated that it is up to the Chair to determine if a
Public Hearing will be opened. Chair Brashear stated would like the staff report to be presented.
Davila -Quintero presented the staff report. The applicant is requesting a Special Use Permit (SUP)
for the specific use of "Permanent or Outdoor Food Vendor" within the Mixed -Use Downtown
zoning district for the operation of the John Mueller Black Box Barbecue food truck. This Special
Use Permit application is unique in that it is the first request submitted since the adoption of the
new Mobile Food Vendor ordinance. Prior to this ordinance, Mobile Food Vendors were permitted
with the approval of a Temporary Use Permit that was valid for three months and the option to
reapply for a new Temporary Use Permit. The applicant has a Temporary Use Permit for the
current operation and is now requesting approval to permanently operate their food establishment
at the current location in compliance with all Unified Development Code regulations. As a
permanent mobile food vendor establishment site features and amenities such as restrooms,
parking, utility connections and food truck manager will be provided on site.
Connnissioner Bargainer asked if there was any consideration related to mobile food vendors
previously. Davila -Quintero indicated that the last discussion occurred in 2017 when the ordinance
was amended.
Commissioner Bargainer also asked about compliance related to HARC. Davila -Quintero indicated
that because this is for a mobile food vendor and not for the structure itself, there is no required
approval from HARC.
Commissioner McCord asked about the restroom facilities, and whether they would need to
comply with international building code standards. Davila -Quintero stated that they will have to
comply, as those facilities are defined in the building code. There has to be a permanent structure.
Commissioner McCord also asked if the applicant is selling beer and if a permit is required. Davila -
Quintero answered that staff has not been notified of that but the applicant can also answer that
question.
Chair Brashear had questions about the applicant's original temporary license, and wanted to know
why the window of time has extended over the maximum of 90 days and why an SUP application
has been submitted now. Davila -Quintero explained that the applicant had a permit in 2017 which
expired, and the applicant can also further explain why they applied for an SUP at this time.
Davila -Quintero explained that the applicant will need to vacate the property regardless of
approval/denial.
Chair Brashear requested further explanation regarding the parking spaces and parking access.
Davila -Quintero stated that currently as shown, the parking does not meet code, there is no way to
access parking. While the applicant has shown intent to provide parking, that does not tie in to
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providing parking at the location itself. When the applicant applies for a Site Development Plan,
they will have to demonstrate how parking spaces will be provided either on the property or by
administrative exception to show how they will be in compliance.
Chair Brashear invited the applicant to speak.
Co -Owner, Mitzi Gomez, indicated that they reviewed the additional public comments provided by
Mr. Olson. They identified misconceptions and provided further clarification regarding several
issues such as the use of portable toilets, the dumpster being in close proximity to residential, use of
permanent trailers, parking, smoke, and ashes. Mrs. Gomez clarified that restroom facilities will be
a fixed structure. She also explained that an informal study was conducted and they observed that
traffic/cars parked in the neighborhood occurred on days when Black Box was not open, and most
of their customers are walk-up customers. Mrs. Gomez addressed the smoke and ash issue, by
referring to a study conducted in Austin by TCEQ a few years ago where they found that smoke is
not a nuisance.
The Commissioners asked the applicant several questions regarding the hours and days of
operation, as well as questions related to health board issues. Mrs. Gomez indicated they are open
Thursday through Sunday, and smoke for about 6 hours. She also addressed the health board
questions. Chair Brashear reminded the Commission that the application is related to land use and
the questions for the applicant should be related to this.
Chair Brashear opened the Public Hearing.
William Lang, public speaker, spoke on behalf of Black Box. He commented that Black Box is a
vibrant business for the community, they are family friendly, and he spoke about Black Box's
popularity. He is in favor of the application for Black Box.
Larry Olson, public speaker, objects the approval of the application due to the location. He spoke
about the traffic and parking problem, and an increase in out of town customers which will affect
the neighborhood traffic. He also discussed the proposed increase in tables and business operations
open to 7 days a week. His concern related to the impact of noise, and fumes.
Kevin Sukup, public speaker, spoke about Black Box previously discussing the use of this building.
However, due to delays they had to table the project. He wished he could have helped Black Box.
Peter Dana, public speaker, addressed the smell and smoke. He commented on similar issues in
Austin related to this. He lives near a project that was approved several years ago and commented
that sometimes things don't go as planned. He also commented on Black Box's health code issues,
ashes on the ground, smoke, traffic, and noise.
Ann Seaman, public speaker, lives across the street from Black Box. Her concerns are related to
people drinking alcoholic beverages and wandering around the neighborhood. She also addressed
loud music, increased traffic and parking issues.
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Ross Hunter, public speaker, has several concerns. He discussed the concept of good standing,
meaning it shows a business is in compliance with everything required. He commented on whether
Black Box is currently in good standing with the City due to being in violation of their temporary
use permit. He also discussed parking and increased traffic being a problem. He also discussed the
ash dumping and polluting Georgetown.
Liz Weaver, public speaker, referred to a previous City Council meeting in late 2018 where it was
stated that Black Box would have to apply for an SUP. However, they did not do so until June/July
2019. In the letter of intent from the applicant, he estimates 150 customers per day and the days of
operation will be from Wednesday to Sunday. Currently the business is open Thursday to Sunday.
Mrs. Weaver discussed 3 concerns: the address on the application is not the correct address for their
proposed site; the ashes that are dumped; and the smoke and smell. Mrs. Weaver asked local
business 600 Degrees Pizzeria about their filtration system and why there is no smoke coming from
their business. She explained that they have a filtration system which is in place and prevents
smoke like Black Box from being released.
Chair Brashear closed the Public Hearing. He invited the applicant to provide a response to the
public speakers.
Mrs. Gomez, applicant, discussed dumping of ashes. She also discussed parking and that Black Box
does not sell beer to customers.
There were questions by the Commission regarding the SUP process, seeking clarification for the
several terms, compliance and the business meeting requirements. Davila -Quintero provided
explanation regarding the SUP process, and that no requirements are being waved. She also
commented that any new building would be subject to a COA process because this is located in the
historical district. Davila -Quintero also referred to the term'nuisance' and the definition depends
on the impact to the general public.
Commissioner Bargainer commented that this use does not fit with the historic character of the
area. Commissioner McCord agreed with Commissioner Bargainer.
Motion by Commissioner Bargainer to recommend denial of Item D for a Special Use Permit.
Second by Commissioner McMichael.
Motion for denial (4-3), with Commissioners McCord, Perthius and Stewart voting against.
E. Public Hearing and possible action on a request to rezone an approximately 0.79-acre tract of land
out of the J.B. Pulsifer Survey, Abstract No.498, also known as the Orville Perry Survey, Abstract
No.10, from the Agriculture (AG) to Office (OF) zoning district, for the property generally located
at 1340 W University Ave (2019-6-REZ). — Michael Patroski, Planner
This item was pulled from the agenda as the applicant would like to postpone the item for a future meeting to
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be determined.
F. Presentation and discussion on the updated to the Land Use Element of the 2030 Comprehensive
Plan. — Nat Waggoner, AICP, PMP, Long Range Planning Manager
Waggoner provided an overview of the existing land use categories in context with the developing
land use policies to the Commission. Staff is seeking feedback from the Steering Committee by
asking the following questions: what changes are needed to the categories to support update
policies and goals? Do the categories and descriptions reflect modern development types and land
uses? Is there a land use category or group of uses you want us to focus? Waggoner also provided
an overview of the land use policy drafts as presented to the Steering Committee on 8/1/2019. The
Steering Committee did provide direction to make minor modifications to the policies.
Waggoner discussed residential and non-residential categories, and sought feedback from the
Commission members regarding densities that should be used for different types of uses.
Commissioner Newman commented on the residential category and that the numbers should be 40,
45, and 50. He also commented that moderate density is the driver.
Chair Brashear asked if 4 categories are enough. Commissioner Bargainer suggested adding a 51h
category. Commissioner Perthius suggested maybe a multifamily category. Commissioner
Newman also commented that there is a missing group above high density. Waggoner asked the
Commission if they would agree to adjusting the ranges or adding another category. The
Commission agreed.
Davila -Quintero provided further clarification regarding ratios within general boundaries for
specific uses. Davila -Quintero also explained the legal obligations to adhere to the future land use
maps under state law.
G. Discussion Items:
- Updates and Announcements (Sofia Nelson, CNU-A, Planning Director)
No updates at this time
Chair Brashear informed the Commission of legislative changes and their effect on the board's
work. Davila -Quintero address the topic and explained that staff is in the process of identifying
best solutions to address the changes. Staff will provide training to the Commission members
when all processes have been identified.
Update from other Board and Commission meetings
o No updates
Questions or comments from Alternate Members about the actions and matters considered on
this agenda.
o No questions from Aiterctate lviei3i'aers
Reminder of the August 20, 2019, Planning and Zoning Commission meeting back in CC
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Chambers located at 510 W 911, St, starting at 6:00pm.
Motion to adjourn by Commissioner Stewart. Second by Commissioner Bargainer. Approved (7-
0).
Adjournment at 8:18pm.
Ercel Brashear, Chair Attest, P&Z Ben Stewart, Secretary
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