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HomeMy WebLinkAboutMinutes_P&Z_07.16.2019City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, July 16, 2019 at 6:00 p.m. Courts and Council Building, located at 510 W. 91" Street, Georgetown, TX 78626 Commissioners present: Ercel Brashear, Chair; Gary Newman; Ben Stewart; Marlene McMichael, Kayla McCord; Travis Perthius;. Commissioners in training present: Glenn Patterson; Aaron Albright Staff Present: Sofia Nelson, Planning Director; Andreina Davila -Quintero, Current Planning Manager; Mirna Garcia, Management Analyst Chair Brashear called the meeting to order at 6:00 p.m. 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 2, 2019 regular meeting of the Planning and Zoning Commission. — Mirna Garcia, Management Analyst Motion to approve the Consent Agenda by Commissioner Stewart, second by Commissioner McCord. Approved (6-0), with Commissioner Bargainer absent. Legislative Regular Agenda C. Public Hearing and possible action on a request for a Special User Permit (SUP) for the Permanent Mobile or Outdoor Food Vendor specific use within the Mixed -Use Downtown (MU-DT) zoning district on the property located at 201 E 9th St bearing the legal description of Lot 5, Block 9, Glasscock Addition -- Andreina Davila -Quintero, AICP, Current Planning Manager. Commissioner Bargainer arrived at this time, 6:03p.m. 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 Planning & Zoning Commission Minutes Page 1 of 4 July 16, 2019 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. Davila -Quintero explained to the Commission that the applicant requested to have the item continue to the next meeting, to allow an opportunity for further discussion with the neighborhood. It will be the Commission's decision to allow the item to continue to the next meeting. The Commission had several questions regarding code enforcement and compliance related to the SUP. Davila -Quintero provided additional information regarding permitting requirements, and the SUP issued with the property. Nelson also provided additional clarification regarding compliance for the fire department and health department. Commissioner McMichael made a comment regarding the health board not being notified about this item and the applicant's request. Chair Brashear had a question about parking availability. Davila -Quintero provided additional information regarding the conceptual site layout, and parking being an issue that will have to be addressed by the applicant. Several Commissioners also had questions regarding drainage, parking requirements, solid waste collection, and fire hazard concerns. Davila -Quintero explained that parking is a requirement that must be met. There are options if parking can not be provided on -site, and the item is subject for approval based on conditions placed by the Commission upon voting. Davila -Quintero and Nelson also explained that the applicant must comply with fire code. In addition, the applicant is currently working with Texas Disposal Systems and the City to ensure there is an appropriate location for solid waste pick up that is accessible. Commissioner Stewart had a question regarding the use of the permit. Davila -Quintero explained that if approved, the SUP can be used for other vendors if they fall under the same category for use. The Commissioners also had questions about the temporary permit the applicant is currently using, and its expiration. They had question about the process for a temporary permit, and next steps when it is expired, as well as how long the applicant's temporary permit had been expired for. Nelson stated that even if approved, the applicant will have to vacate the property until it is brought into compliance. She also indicated that the department has been working with the applicant to bring them to compliance. Nelson also commented a representative from the fire department can be at the next meeting to answer additional fire code questions. Chair Brashear opened the Public Hearing. Larry Olson, public speaker, received 3 minutes donated by John Foluet to speak. Mr. Olson Planning & Zoning Commission Minutes Page 2 of 4 July 16, 2019 provided staff additional objection letters from homeowners in the area. He does not feel this property is harmonious with the character of the surrounding area. He also discussed issues with increased traffic, noise, and smoke. Currently, there is high traffic and many homeowners have had issues with customers of the business parking in front of homes. Liz Weaver, public speaker, received 3 minutes donated by Ron Weaver to speak. Mrs. Weaver also spoke regarding the smoke, and parking. There will be significant increase in traffic in a residential area. In addition, she provided pictures of the back of the property where ashes have been dumped. She discussed how this affects homeowners behind the property. Chair Brashear closed the Public Hearing and gave the applicant an opportunity to speak and address any questions and concerns. The owner, Mitzi Gomez, provided an explanation of the conceptual site plan. She addressed the parking issue and stated that they are trying to maximize the space and provide more space for their customers by having less parking on -site. She also explained that they are working to address all issues to be compliant. Commissioner McMichael made a comment about other issues the applicant has had with the health department, and whether some issues have been addressed. The applicant indicated they are no long smoking meat on -site. Commissioner McMichael asked the applicant why they chose that location, and the applicant explained that although they had a plan to have a building for their business, those plans did not work out. The Commissioners had questions about how the SUP works. Davila -Quintero explained that although the applicant is not the property owner, the SUP follows the property. The application for the permit required the property owner's consent, which the department received. In addition, is it the property owner's responsibility to ensure the implementation of the rules and ensure compliance. Motion by Chair Brashear to continue discussio of the item to the next meeting on August 61". Second by Commissioner Stewart. Approved). ►`V� D. Discussion Items. — Sofia Nelson, Planning Director Nelson did not have updates. GTAB — No new updates UDCAC — No new updates Commissioner -in -training Albright had a question about code requirements based on occupancy. He wanted to know how occupancy is determined and how other issues such as the number of parking spaces to allow is determined based on occupancy. Nelson provided clarification and stated that staff work with the building official to determine Planning & Zoning Commission Minutes Page 3 of 4 July 16, 2010 occupancy. In preparation for the next meeting, the building official will be available to answer those questions and provided further clarification on occupancy. Reminder - the next meeting on August 6, 2019 will be in the City Hall Community Room, at 808 Martin Luther King Jr. Street. M tion to adjourn by Commissioner Bargainer. Second by Commissioner McMichael. Approved -CI). Meeting adjourned at 7:07 P.M. ?.J Adjournment Ercel Brashear, Chair Planning & Zoning Commission Minutes July 16, 2019 Attest, P&Z Ben Stewart, Secretary Page 4 of 4