HomeMy WebLinkAboutAgenda_P&Z_07.16.2019Notice of Meeting for the
P lanning and Zoning Commission
of the City of Georgetown
July 16, 2019 at 6:00 P M
at Historic L ight and Waterworks B ldg, 406 W. 8th Street Georgetown, T X 78626
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P ublic Wishing to Address the B oard
O n a s ubjec t that is posted on this agenda: P lease fill out a speaker regis tration form whic h can be found at the
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A
Consent Agenda
T he S tatutory C ons ent Agenda includes non-c ontroversial and routine items that may be ac ted upon with one
s ingle vote. An item may be pulled from the C ons ent Agenda in order that it be disc ussed and acted upon
individually as part of the R egular Agenda.
B C ons ideration and possible action to approve the minutes from the July 2, 2019 regular meeting of the
P lanning and Zoning C ommis s ion. - Mirna G arcia, Management Analys t
L egislativ e Regular Agenda
C P ublic Hearing and possible action on a reques t for a S pecial Us er P ermit (S UP ) for the P ermanent
Mobile or O utdoor F ood Vendor spec ific use within the Mixed-Us e Downtown (MU-DT ) zoning dis tric t
on the property loc ated at 201 E 9th S t bearing the legal desc ription of Lot 5, Block 9, G lassc ock
Addition -- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager
D Discussion Items:
Updates and Announcements (S ofia Nelson, C NU-A, P lanning Direc tor)
Update from other Board and C ommission meetings .
G TAB - https://government.georgetown.org/georgetown-trans portation-advis ory-board-gtab/
UDC AC - https ://government.georgetown.org/unified-development-c ode-advisory-board-2/
Page 1 of 39
Q uestions or c o mments from Alternate Memb ers about the actio ns and matters c o nsidered on this
agenda.
R eminder o f the Augus t 6, 2019, P lanning and Zo ning C o mmis s io n meeting in the Histo ric Lights
and Waterworks Building loc ated at 406 W 8th S t, s tarting at 6:00pm.
Adjournment
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2019, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 2 of 39
City of Georgetown, Texas
Planning and Zoning
July 16, 2019
S UB J E C T:
C onsideration and pos s ible ac tion to approve the minutes from the July 2, 2019 regular meeting of the
P lanning and Zoning C ommission. - Mirna G arc ia, Management Analyst
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
.
S UB MIT T E D B Y:
Mirna G arcia, Management Analys t
AT TAC H ME N T S:
Description Type
Minutes Backup Material
Page 3 of 39
Planning & Zoning Commission Minutes Page 1 of 2
July 2, 2019
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, July 2, 2019 at 6:00 p.m.
Courts and Council Building, located at 510 W. 9th Street, Georgetown, TX 78626
Commissioners present: Ercel Brashear, Chair; Gary Newman; Ben Stewart; Marlene McMichael; Kayla
McCord
Commissioners absent: Tim Bargainer; Travis Perthius
Commissioners in training present: Glenn Patterson; Aaron Albright
Commissioners in training Patterson and Albright were added to the dais.
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. 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 June 18, 2019 regular meeting of
the Planning and Zoning Commission. – Mirna Garcia, Management Analyst
Commissioner McCord was absent at the June 18, 2019 meeting and will abstain from voting for the approval
of the minutes.
Motion to approve the Consent Agenda by Commissioner Stewart, second by Commissioner in
training Patterson. Approved (6-0), with 1 abstained.
Legislative Regular Agenda
C. Public Hearing and possible action on a request for a Replat of Part of Lot 3 and all of Lot 4, Block 1,
Hart’s Addition, located at 608 W. 15th Street, to be known as Hart’s Addition to the Georgetown
Subdivision Lots 3A and 4A, Block 1 (FP-2018-049). – Andreina Davila-Quintero, AICP, Current
Planning Manager
Staff report presented by Davila-Quintero. The Applicant is proposing to resubdivide approximately 0.21
acres into two new residential lots to be known as the Final Plat of the Hart’s Addition to Georgetown
Page 4 of 39
Planning & Zoning Commission Minutes Page 2 of 2
July 2, 2019
Subdivision Lots 3A and 4A, Block 1. Staff has reviewed the request in accordance with the Unified
Development Code (UDC) and other applicable codes. Staff has determined that the proposed request meets
the criteria established in UDC Section 3.08.080.D for a Replat, as outlined in the attached Staff Report.
The subject property is located within an established residential neighborhood with single and
multifamily residential uses. It is located approximately 352 feet east of Railroad Ave, and 900 feet
south of W University Ave. The subject property has a Moderate Density Residential Future Land
Use designation, and a Residential Single-Family (RS) zoning district.
Commissioner Newman had a question regarding the square footage outlined for the lots. Davila-
Quintero provided further explanation of the requirements and the lot areas, which are within the
ten percent purview that allows for the Director to consider deviations in the numbers of square
footage; the applicant was granted an administrative exception to develop on the lots.
Commissioner McMichael had a question about the lot configuration. Davila-Quintero provided
clarification about the lot sizes.
Chair Brashear opened the Public Hearing. No one came forward; Chair Brashear closed the Public
Hearing.
Motion by Commissioner McCord to approve Item FP-2018-049. Second by Commissioner
Newman. Approved (7-0).
D. Discussion Items. – Sofia Nelson, Planning Director
Nelson did not have updates for the Commission. Nelson reminder the Commission members
about the HOA registration with the Planning Department. If HOA’s want to receive notices, they
need to register. The 300-foot notification will start July 1st, 2019.
GTAB – No new updates
UDCAC – No new updates
There were no questions or comments from Alternate Members
Reminder – the next meeting on July 16, 2019 will be located at the Planning Department office at
406 W 8th. Street.
Motion to adjourn by Commissioner McMichael. Second by Commissioner in training
Patterson. Approved unanimously. Meeting adjourned at 6:09 P.M.
Adjournment
____________________________________ ____________________________________
Ercel Brashear, Chair Attest, P&Z Ben Stewart, Secretary
Page 5 of 39
City of Georgetown, Texas
Planning and Zoning
July 16, 2019
S UB J E C T:
P ublic Hearing and pos s ible ac tion on a request for a S pec ial User P ermit (S UP ) for the P ermanent
Mobile or O utdoor F ood Vendor s pecific us e within the Mixed-Use Downtown (MU-DT ) zoning district
on the property located at 201 E 9th S t bearing the legal des cription of Lot 5, Bloc k 9, G las s coc k Addition
-- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager
IT E M S UMMARY:
Overview of the Applicant's Request:
T he applic ant is requesting a S pecial Us e P ermit (S UP ) for the s pecific us e of “P ermanent or O utdoor
F ood Vendor” within the Mixed-Use Downto wn zo ning dis trict fo r the o p eration o f the Jo hn Mueller
Blac k Box Barbecue food truck.
T his S pecial Use P ermit application is unique in that it is the first request s ubmitted since the adoption of
the new Mo b ile F ood Vend o r ordinanc e. P rio r to this o rd inanc e, Mo b ile F ood Vend o rs were permitted
with the ap p ro val o f a Temporary Use P ermit that was valid for three months and the o p tion to reapply for
a new Temporary Use P ermit. T he ap p licant has a Temp o rary Use P ermit for the c urrent o p eration, and is
now req uesting approval to p ermanently o p erate their fo o d estab lis hment at the current lo catio n in
compliance with all Unified Development C o d e regulatio ns. As a permanent mobile fo o d vendor
es tablishment s ite features and amenities s uch as res trooms , p arking, utility connec tions and food truc k
manager will be provided on s ite.
S taff's Analysis:
S taff has reviewed the reques t in acc o rd anc e with the Unified Develo p ment C ode (UDC ) and other
applicable codes. S taff has determined that the p ro p o s ed reques t meets the criteria estab lis hed in UDC
S ection 3.07.030.C for a S pecial Us e P ermit, as outlined in the attached S taff R eport.
Public Comments:
As req uired by the Unified Develo p ment C ode, all property owners within a 300-foot radius of the s ubjec t
property were notified of the S pec ial Us e P ermit reques t (27 notic es ), a legal notice advertising the public
hearing was p lac ed in the S un News paper (June 30, 2019) and s igns were pos ted on-s ite. To d ate, s taff has
received one (1) written comment in oppos ition of the reques t.
F IN AN C IAL IMPAC T:
None. T he applicant has paid the required application fees .
S UB MIT T E D B Y:
Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager, and R obyn Miga, C ontract P lanner
AT TAC H ME N T S:
Description Type
2019-6-SUP - P&Z Staff Report Cover Memo
Exhibit 1 - Location Map Backup Material
Exhibit 2 - Future Land Use Map Backup Material
Page 6 of 39
Exhibit 3 - Zoning Map Backup Material
Exhibit 4 - Conceptual Site Layout Backup Material
Exhibit 5 - Letter of Intent Backup Material
Exhibit 6 - Public Comments Backup Material
2019-6-SUP Pres entation Pres entation
Page 7 of 39
Planning and Zoning Commission
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 1 of 10
Report Date: July 12, 2019
Case No: 2019-6-SUP
Project Planner: Andreina Dávila-Quintero, AICP, Current Planning Manager, and Robyn
Miga, Contract Planner
Item Details
Project Name: Black Box Barbecue
Project Location: 201 E. 9th Street, within City Council district No. 6
Total Acreage: 0.165
Legal Description: Lot 6, Block 9, Glass Addition
Applicant: A Climbers Dream, LLC
Property Owner: AK Makiya
Request: Special Use Permit (SUP) for “Permanent or Outdoor Food Vendor” specific
use within the Mixed-Use Downtown (MU-DT) zoning district
Case History: This is the first public hearing of this request.
Location Map
Courthouse
Page 8 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 2 of 10
Overview of Applicant’s Request
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 asking 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.
Site Information
Location:
The subject property is located mid-block along Church Street, just south of East 8th Street, and north of
East 9th Street.
Physical and Natural Features:
There are two large pecan trees on the site, but otherwise, it is mostly vacant with the exception of the
structure where the Black Box Barbecue currently operates. The structure located on the property is
temporary in nature and not meant to be a permanent structure.
Future Land Use and Zoning Designations:
The subject property has an existing Future Land Use designation of Specialty Mixed Use Area and is
currently zoned Mixed-Use Downtown (MU-DT). It is located in the Downtown Overlay District, just
west of the Old Town Overlay district boundary.
Surrounding Properties:
The subject property is located just off of the Downtown Square in Area 2 of the Downtown Overlay
District. This property fronts Church Street, which is one of the main roadways through the Downtown
area, and commercial in nature. Uses within the area include retail, restaurant, office and entertainment
uses.
The current zoning, Future Land Use designation, and existing uses of the adjacent properties to the
north, south, east and west are outlined in the table below:
Page 9 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 3 of 10
DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE
North Mixed Use
Downtown (MU-DT)
Specialty Mixed Use
Area
Currently vacant, but
proposed mixed-use
retail and office uses
South (corner of 9th
and Church St.) Vacant
East (along 9th St.) Residential Single-
Family (RS)
Moderate Density
Residential Residential structure
West Mixed Use
Downtown (MU-DT)
Specialty Mixed Use
Area
Sweet Lemon and 600
Degrees
Aerial Map and Surrounding Uses
Property History:
The subject property was rezoned in 2000 (Ordinance 2000-17) when many of the Downtown properties
were rezoned to Mixed Use Downtown (MU-DT).
Comprehensive Plan Guidance
Future Land Use Map:
The Specialty Mixed-Use Area designation accommodates large-scale mixed-use developments that are
mostly commercial and usually near intense regional commercial uses and the I-35 corridor. This
Residential
600 Degrees
Sweet Lemon
Proposed office and
retail uses
Courthouse
Page 10 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 4 of 10
category encourages the creation of well planned “centers” designed to integrate a variety of
complementary uses, with an emphasis on retail, offices, and entertainment activities. These centers
may also include civic facilities and parks or other green spaces. Housing, in the form of apartments,
townhomes, condominiums, and live-work spaces, is also encouraged in these mixed-use areas,
generally in higher densities. These areas should be designed in a pattern of pedestrian-oriented,
storefront-style shopping streets, with shared parking and strong pedestrian linkages to the
surrounding areas.
Growth Tier:
The subject property is located within Growth Tier 1A. Tier 1A is that portion of the city where
infrastructure systems are in place, or can be economically provided, and where the bulk of the city’s
growth should be guided over the near term. Within Tier 1A, the city is called on to conduct
assessments of public facility conditions and capacities, and to prioritize short and long term capital
investments so as to ensure that infrastructure capacity is sufficient to serve development intensities as
indicated on the Future Land Use Map and in the zoning districts.
Other Master Plans: Downtown Master Plan:
The 2030 Comprehensive Plan identifies a
number of land use goals, policies and actions
that support the densification and diversity of
land uses in, and immediately surrounding, the
Downtown Overlay District. These policies
include:
1.B. Promote more compact, higher density
development (e.g., traditional
neighborhoods, Transit-Oriented
Development, mixed-use, and
walkable neighborhoods) within
appropriate infill locations.
1.E. Expand regulatory provisions and
incentives to encourage innovative
forms of compact, pedestrian friendly
development (mixed-use, traditional
neighborhood design), and a wider
array of affordable housing choices.
2.A. Remove present inadvertent
impediments to infill and re-
investment in older, developed areas.
4.A. Minimize impacts and encroachments
of incompatible land uses (e.g.,
commercial intrusions into healthy residential neighborhoods).
The Downtown Master Plan, an element of the 2030 Comprehensive Plan, recognizes the potential for
development that is compatible in design and scale between the Downtown Overlay District and
Subject Property
Page 11 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 5 of 10
surrounding residential neighborhoods. As such, the Downtown Master Plan seeks to maintain the
city’s unique character while maximizing opportunities for economic development and for enhancing
the quality of life for its residents. 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. Creative forms of housing are encouraged, such as attached
homes, “lofts,” and live-work units.
The Downtown Master Plan identifies the subject property as being located in the Downtown Core.
The Downtown Core has a traditional urban form and atmosphere. According to this Plan, “specialty
retail, dining and entertainment venues should be present to position the downtown core as an exciting
place distinct from regional suburban shopping centers”. The Master Plan Recommends Projects for
this area include:
• Facilitate adaptive reuse of historic buildings
• Promote development of more cultural facilities and entertainment venues
Utilities
The subject property is located within the City’s service area for water, wastewater, and electric. It is
anticipated that there is adequate water and wastewater capacity to serve the subject property at this
time.
Transportation
The subject property is located midblock along Church Street, just south of East 8th Street, and north of
East 9th Street. Church Street is a local street with a narrower pavement section, and street parking
allowed on the west side of Church Street, directly adjacent to Sweet Lemon and Founder’s Park Local
streets intend to provide access to adjoining properties by collecting the traffic from surrounding areas
and distributing it to adjoining collectors or arterial streets. These streets can access both collector level
streets and arterial level streets.
The subject property is also located in close proximity to the GoGeo Transfer Station at the Georgetown
Public Library on 8th Street, providing access to other residential and commercial areas within the city,
including the convention center and St. David’s Hospital.
Zoning district
The Mixed-Use Downtown District (MU-DT) is intended to provide a location for a mix of land uses
including general commercial and retail activities, office, as well as single-family and multi-family in
the downtown area. Developments in the MU-DT District are typically smaller in size and scope
although there may be occasional heavy traffic. The Mixed Use Downtown Zoning District is only
appropriate in the traditional downtown area of Georgetown. Properties in MU-DT shall meet the
design requirements of the Downtown Overlay District, and Downtown Design Guidelines.
Per Section 5.04 of the UDC, a Special Use Permit (SUP) is required in the MU-DT district for a
“Permanent or Outdoor Food Vendor”. A SUP allows for City Council approval of uses with unique or
widely varying operating characteristics or unusual site development features, subject to the terms and
conditions set forth in this Code. SUPs may be issued only for uses that are generally compatible with
Page 12 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 6 of 10
other uses permitted in a zoning district, but that require individual review of their location, design,
intensity, etc. Section 5.04 outlines specific SUP requirements for these uses, and include the following:
a. The Mobile or Outdoor Food Vendor(s) shall be a primary use on the property;
b. Each Mobile or Outdoor Food Vendor shall have a City approved connection to City approved
electric, water, and wastewater services;
c. A Mobile Food Park Manager shall be designated for the property;
d. Parking shall be provided in accordance with Chapter 9 of the UDC;
e. Toilet facilities and trash receptacles shall be provided on the property in compliance with all
applicable City regulations;
f. Amenities including but not limited to tables, chairs, and shade structures may be permitted on
the property subject to compliance with this Code; and
g. All vendors, amenities, and other site improvements shall be identified on the SUP Concept
Plan and Site Development Plan in accordance with this Code.
The purpose of requiring a SUP for a “Permanent or Outdoor Food Vendor” is to ensure that the
Downtown area is to limit the number of establishments with this use in close proximity, as well as to
provide well-planned areas that utilize permanent or outdoor food vendors.
Approval Criteria
SUP for the Permanent Mobile or Outdoor Food Vendor Specific Use
Staff has reviewed the request and determined that the proposed request complies with the criteria
established in UDC Section 3.07.030.C for a Special Use Permit, as outlined below:
APPROVAL CRITERIA FINDINGS STAFF COMMENTS
1. The proposed special use is
not detrimental to the health,
welfare, and safety of the
surrounding neighborhood or
its occupants.
Partially Complies
The proposed special use is not
detrimental to the surrounding
neighborhood, as it meets the specific
use requirements of the UDC with the
exception of the parking requirements.
The applicant wishes to seek relief from
this requirement. While complete relief
may not be granted as part of the Special
Use Permit process, an Administrative
Exception for an Alternative Parking
Plan may be requested prior to or at the
time of Site Development Plan.
Alternative Parking Plans may include
shared parking, off-site parking, on-
Page 13 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 7 of 10
APPROVAL CRITERIA FINDINGS STAFF COMMENTS
street parking, fee-in-lieu of parking, an
alternative plan, or a combination of
any of these options as approved by the
Historic Preservation Officer.
Given that zoning takes place prior to
that stage of development, the current
application does not accommodate the
parking requirements that are required
for the Special Use Permit in UDC
Section 5.04.020(Y). However, the
applicant meets all other requirements
as set forth in the UDC for Permanent
Mobile or Outdoor Food Vendors, as
well as the additional setback and
bufferyard requirements where the
subject property is directly adjacent to
Residential Single-Family (RS) zoning.
2. The proposed conceptual site
layout, circulation plan, and
design are harmonious with
the character of the
surrounding area.
Complies
Much of the eastern portion of Church
Street is undeveloped in this block, with
the eastern portion of the block (along
Myrtle St) developed with an event
facility, office and single-family
residential uses.
There is an approved 2-story mixed-use
commercial development on the
property to the north (Heritage Court),
to which the Planning and Zoning
Commission granted a Subdivision
Variance to waive the cross-access
requirement across their parking lot and
connecting to the subject property.
While the proposed conceptual site
layout shows a row of parking at the
rear (east portion) of the subject
property, no access exists or is proposed
to this parking lot. In place of a parking
lot, the applicant wishes to be relieved
of the parking requirements, which is a
condition that must be met as part of
this Special Use Permit. As previously
mentioned, the applicant has the option
to apply for an Administrative
Page 14 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 8 of 10
APPROVAL CRITERIA FINDINGS STAFF COMMENTS
Exception for an Alternative Parking
Plan at time of Site Development Plan.
Other property in the same area include
restaurants with outdoor patios, and
single-family residential. Given that this
property is directly adjacent to
residential zoned properties to the east,
the applicant has shown the required
10’ bufferyard along the east property
line to relieve some of the disturbance a
commercial use may have on a
residential property.
All proposed changes to accommodate
the proposed use are to allow for more
seating and gathering spaces, including
a permanent patio area and an area for
yard games, all of which are promoted
within the Downtown Master Plan. The
conceptual site layout shows the
primary/active use on the western
portion of the subject property along the
street frontage consistent with other
development in the area. Moreover, the
provision of the required 10-foot
landscape buffer and 4-foot privacy
fence along the east property line
minimize the impact of the use on the
adjacent residential property. With
these conditions, staff finds that the
proposed use, as designed, is
harmonious with the character of the
Downtown area.
3. 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
Partially Complies
The proposed use does not negatively
impact public infrastructure. The
roadways and utilities are already in
place for the Downtown area and may
accommodate the proposed use.
However, the proposed use may have
minimal impact on parking facilities.
This property is located within Area 2 of
the Downtown Overlay District, just
outside of Area 1, which provides for
Page 15 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 9 of 10
APPROVAL CRITERIA FINDINGS STAFF COMMENTS
services to adequately provide
services.
lesser parking restrictions than other
areas in the city to promote infill
development and encourage
walkability. At the time of site
development, the applicant will have
the option to request an Administrative
Exception for an Alternative Parking
Plan if onsite parking is not able to be
provided on site. Alternative Parking
Plan may include shared parking, off-
site parking, on-street parking, fee-in-
lieu of parking, an alternative plan, or a
combination of any of these options.
The proposed use of “Permanent or
Mobile Outdoor Food Vendor” does not
require large amounts of parking and is
consistent with the walkability pattern
and active uses similar to that of the
Downtown Square, which is close in
proximity.
4. 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.
Complies
The proposed use will not create any
hazardous, injurious, or noxious
impacts. As previously mentioned, the
primary/active use is proposed along
the street frontage where other
restaurants with outdoor patio and
sitting areas are also located. In
addition, the minimum required 10-
foot landscape buffer and 4-foot
privacy fence is proposed along the
east property line to minimize the
impact of the use on the adjacent
residential properties. The proposed
use will be subject to the noise, smoke
and other nuisance standards of the
City Code to ensure no adverse impact
on the adjacent properties and
surrounding area.
In summary, the proposed use of “Permanent or Mobile Outdoor Food Vendor” complies with two (2)
and partially complies with two (2) of the approval criteria of the Unified Development Code
Requirements outlined in Section 5.04, for a SUP and the zoning use regulations. Staff has found that
the proposed special use, as proposed to be developed in the conceptual site layout, does not adversely
affect the surrounding area and fits within the character of the Downtown area. However, given that
Page 16 of 39
Planning Department Staff Report
2019-6-SUP
Black Box Barbecue Page 10 of 10
zoning is the first step in the development process, and the SUP for “Permanent or Mobile Outdoor
Food Vendor” requires that the proposed special use meet all parking requirements outlined in the
UDC, staff found that the use, as proposed, partially complied as it currently does not meet this
particular requirement. The applicant has the option to request an Administrative Exception for an
Alternative Parking Plan to provide the minimum number of parking spaces needed for the proposed
use through an alternative design.
Should the Planning and Zoning Commission and City Council find that the request meets the approval
criteria for the special use, the subject property will need to be vacated in order to develop it in
compliance with the UDC and this SUP. This condition should be included in the approval of the SUP
(Ordinance).
Public Notification
As required by the Unified Development Code, all property owners within a 300-foot radius of the
subject property were notified of the Special Use Permit request (27 notices), a legal notice advertising
the public hearing was placed in the Sun Newspaper (June 30, 2019) and signs were posted on-site. To
date, staff has received zero (0) written comments in favor, and zero (0) in opposition to the request.
Meetings Schedule
7/16/2019 – Planning and Zoning Commission
8/13/2019 – City Council First Reading of the Ordinance
8/27/2019 – City Council Second Reading of the Ordinance
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use Map
Exhibit 3 – Zoning Map
Exhibit 4 – Conceptual Plan
Exhibit 5 – Letter of Intent
Page 17 of 39
EL
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E 8TH S T
E 6TH S T
ROCK ST
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W 8TH ST
W 6TH S T
W 11TH ST
W 10TH ST
W 7TH ST
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E UNIV E RS IT Y AV E
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2019-6-SUPExhibit #1
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
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Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ
0 500 1,000Fee t
Page 18 of 39
ELM ST
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Coordin at e System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
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Future Land Use / Overall Transportation Plan
Exhibit #2
2019-6-SUP
Legend
Thoroug hfare
Future Land U se
Institutional
Regional Commercial
Comm unity Commercial
Em ployment Center
Low Density Residential
Mining
Mixed Use Community
Mixed Use Neighborhood Center
Moderate Density Residential
Open Space
Specialty M ixed Use Area
Ag / Rural Residential
Existing Collector
Existing Freeway
Existing Major Arterial
Existing Minor Arterial
Existing Ram p
Proposed Collector
Proposed Freeway
Propsed Frontage Road
Proposed Major Arterial
Proposed Minor Arterial
Proposed Railroad
High Density Residential
LegendSiteParcelsCity LimitsGeorgetown ETJ
0 125 250Feet
Page 19 of 39
ELM ST
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E 9 T H S T
E 1 0 T H S T
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Zon in g Information2019-6-SUPExhibit #3
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
LegendSiteParcelsCity LimitsGeorgetown ETJ
¯
0 125 250Feet
Page 20 of 39
Page 21 of 39
Page 22 of 39
Exhibit 6
Page 23 of 39
Black Box Barbecue
2019-6-SUP
Planning & Zoning Commission
July 16, 2019
Page 24 of 39
Item Under Consideration
2019-6-SUP
•Special Use Permit (SUP) for the specific uses of “Permanent or
Mobile Outdoor Food Vendor” within the Mixed-Use Downtown (MU-
DT) zoning district, for the property located at 201 E. 9th Street.
Page 25 of 39
Location Aerial
Page 26 of 39
MDR
SMUA
Future Land Use
Page 27 of 39
Downtown Core
Subject Property
Downtown Master Plan
Page 28 of 39
MU-DT
RS
TF
Zoning Map
Page 29 of 39
Mixed Use Downtown (MU-DT)
•Mix of land uses, including general
commercial and retail
•Also includes single-family and multi-
family in the downtown area
•Smaller in scale and scope
•Only appropriate in the traditional
downtown area
•Shall meet design requirements of the
Downtown Overlay District and Design
Guidelines
Dimensional Standards
•Max building height = 40’
•Setbacks = 0’
Page 30 of 39
Special Use Permit
•A “Permanent or Outdoor Food Vendor” requires a SUP within the Mixed
Use Downtown (MU-DT) zoning district.
•The SUP allows for Planning & Zoning Commission and City Council approval
of uses with unique or widely varying operating characteristics or unusual
site development features, subject to the terms and conditions set forth in
the UDC.
•The SUP also allows for additional restrictions to be placed on the use by
the Planning & Zoning Commission and the City Council.
Page 31 of 39
Special Use Permit
1.The Mobile or Outdoor Food Vendor(s) shall be a primary use on the property.
2.Each Mobile or Outdoor Food Vendor shall have a City approved connection to
City approved electric, water and wastewater services.
3.A Mobile Food Park Manager shall be designated for the property.
a.The Mobile Food Park Manager shall be available by phone while the vendor(s) is open for
business. A telephone number and email address for the Mobile Food Park Manager shall
be posted on a sign no larger than one square foot. The sign shall be posted on a location
visible to the patrons.
b.The Mobile Food Park Manager shall be responsible for the general management of the
park, including but not limited to addressing inquiries, questions, and concerns, ensuring
property maintenance, enforcing hours of operation, and other operational matters.
Page 32 of 39
Special Use Permit
4.Parking shall be provided in accordance with Chapter 9 of this Code.
5.Toilet facilities and trash receptacles shall be provided on the property in
compliance with all applicable City regulations.
6.Amenities including but not limited to tables, chairs and shade structures
may be permitted on the property subject to compliance with this Code.
7.All vendors, amenities and other site improvements shall be identified on
the Special Use Permit Concept Plan and Site Development Plan in
accordance with this Code.
Page 33 of 39
Games
Patio
Restrooms
Concession Trailer
Page 34 of 39
Approval Criteria –UDC Section 3.07.030
Criteria for SUP Complies Partially
Complies
Does Not
Comply
1.The proposed special use is not detrimental
to the health,welfare,and safety of the
surrounding neighborhood or its occupants.X
2. The proposed conceptual site layout,
circulation plan, and design are harmonious
with the character of the surrounding area.X
Page 35 of 39
Approval Criteria –UDC Section 3.07.030
Criteria for SUP Complies Partially
Complies
Does Not
Comply
3.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.
X
4.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.
X
Page 36 of 39
Public Notifications
•27 property owners within
the 300’ buffer
•Notice in Sun News on
June 30, 2019
•Signs posted on the
property
•To date, staff has received
1 public comment in
opposition of the request
Page 37 of 39
Summary
•Public Hearing and possible action on a request for a Special Use Permit
(SUP) for the specific use of “Permanent or Mobile Outdoor Food Vendor”
within the Mixed-Use Downtown (MU-DT) zoning district, for the property
located at 201 E. 9th Street, bearing the legal description of 0.165 acres
consisting of block 9, Lot 6, of the City of Georgetown, to be known as Black
Box Barbecue
•Per UDC Section 3.07.030, the Planning & Zoning Commission shall hold a
Public Hearing… and make a recommendation to the City Council.
•The SUP also allows for additional restrictions to be placed on the use by
the Planning & Zoning Commission and the City Council.
•Property shall be vacated in order to develop it in compliance with the UDC and SUP.
Page 38 of 39
City of Georgetown, Texas
Planning and Zoning
July 16, 2019
S UB J E C T:
Discussion Items:
Updates and Announc ements (S ofia Nels on, C NU-A, P lanning Director)
Update from other Board and C ommis s ion meetings.
G TAB - https ://government.georgetown.org/georgetown-transportation-advisory-board-gtab/
UDC AC - https://government.georgetown.org/unified-development-code-advis ory-board-2/
Q ues tions or c o mments fro m Alternate Memb ers ab o ut the ac tions and matters cons id ered o n this
agenda.
R eminder of the Augus t 6, 2019, P lanning and Zoning C o mmis s io n meeting in the Histo ric Lights
and Waterworks Building located at 406 W 8th S t, starting at 6:00pm.
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
.
S UB MIT T E D B Y:
Mirna G arcia, Management Analys t
Page 39 of 39
