HomeMy WebLinkAboutAgenda CC 01.11.2011 WorkshopNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
JANUARY 11, 2011
The Georgetown City Council will meet on JANUARY 11, 2011 at 4:00 P.M. at the Council Chambers at
101 E. 7th Street
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop -
A Review of the proposed Home-Based Business text of the 2008-2009 Unified Development Code (UDC)
Amendments -- Elizabeth A. Cook, Community Development Director and Valerie Kreger, AICP,
Principal Planner
B Discussion to approve a list of "pre-qualified” professional services providers which submitted
Statements of Qualifications and Proposed Selection Process -- Thomas R. Benz, P. E., Systems
Engineering Director and Jim Briggs, Assistant City Manager
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the regular
session.
C Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney
has a duty to advise the City Council, including this week's agenda items
-Shell Road Public Improvement District -- Micki Rundell, Chief Financial Officer
-Williams Drive Widening Project -- Micki Rundell, Chief Financial Officer
-Texas Disposal Systems -- Jim Briggs, Assistant City Manager
D Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body
has received from a business prospect that the City Council seeks to have locate, stay or expand in or near
the territory of the City and with which the City Council is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City
Council seeks to have locate, stay or expand in or near the territory of the City and with which the City
Council is conducting economic development negotiations.
-To discuss incentives as it pertains to 100 South Austin Avenue -- Paul Brandenburg, City Manager, Jim
Briggs, Assistant City Manager, and Mark Sokolow, City Attorney
-To discuss incentives as it pertains to 500 South Austin Avenue -- Paul Brandenburg, City Manager, Jim
Briggs, Assistant City Manager, and Mark Sokolow, City Attorney
Adjournment
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the _____ day of _________________, 2010, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
January 11, 2011
SUBJECT:
Review of the proposed Home-Based Business text of the 2008-2009 Unified Development Code (UDC)
Amendments -- Elizabeth A. Cook, Community Development Director and Valerie Kreger, AICP, Principal
Planner
ITEM SUMMARY:
Background:
This workshop is to review and answer any questions the Council may have on the proposed UDC
amendments related to Home-Based Businesses (formerly identified as Home Occupations). As proposed,
there are two (2) main alternatives for Council's consideration and within each alternative there are choices to
make. First is Option 1 (5.03.020.E), which revises the existing UDC language to allow more home
businesses and does not require a City permit. Second, is an alternative (5.03.020.F - Options 3 or 4) that
would also revise the existing UDC to allow more business use of a home; however, under that alternative
the home-based business would have to be registered with the City and, if customers/clients/students were
seen on-site, a permit would be required. Approval of either of these permits would require public hearing
and final action either by City Council or the Planning and Zoning Commission. See the attached staff
report for a more detailed explanation.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) held a public hearing on December 7, 2010, and made the
following recommendations to City Council:
1. That whichever Home-Based Business regulations were adopted, they should apply to all of
Georgetown. Approval 6 to 0.
2. Option 1 - 5.03.020.E. Approval 6 to 0.
3. Signage (5.03.020.E.2.e) - Option 1. Approval 5 to 1.
4. Parking (5.03.020.E.2.h) - Option 3. Approval 5 to 1.
5. On-site Retail/Service (5.03.020.E.2.i) - Option 2. Approval 5 to 1.
Recommended Motion:
No action is required. The public hearing and first reading of these UDC amendments is scheduled for
January 25, 2011.
FINANCIAL IMPACT:
No financial impact analysis was made of the UDC amendments. With either permitting option there would
be City costs for the proposed home business registration, as well as the Special Use or Home-Based
Business Permit. As proposed by the UDC Task Force members in support of permitting, the Home-Based
Business Permit fee would be $100. There is not an existing fee or process for either the proposed business
registration or the Home-Based Business Permit, so if the Council selects either permitting option, staff will
include a change to the Planning and Development Fees with the ordinance.
SUBMITTED BY:
Elizabeth A. Cook, Community Development Director
ATTACHMENTS:
Exhibit A - Staff Report
Exhibit 1 - Home-Based Business Text
Exhibit 2 - P&Z Minutes
Cover Memo
Item # A
Georgetown Planning and Development Department Staff Report
City Council Workshop
5th Round 08-09 UDC Amendments Staff Report Page 1 of 4
Meeting Date: January 11, 2011
Report Date: December 30, 2010
Item Description
Workshop to review the proposed Home-Based Business text of the Fifth Round of the
2008-2009 Annual Unified Development Code (UDC) Amendments.
Background
New UDC language was proposed for Home Occupations during the last round of
amendments with the Chapter 5 revisions. Staff initiated these changes due to several
calls regarding the current language, which does not allow any on-site retail sales or
services and therefore disallowed services such as tutoring and music lessons. At the
City Council meeting regarding the Round 4 amendments, there was concern expressed
that the Task Force had not had enough input into the proposal. So, staff reconvened
with the group to develop new language, which in this case included several home
business operators.
Overview
Home-Based Business Limitations (Exhibit 1)
The new proposal not only changes the name from Home Occupation to Home-Based
Business, but also provides several options for consideration, based on input from the
Task Force. Overall, the proposals are grouped into two major options. The first
overall option (Option 1), which includes some internal alternatives, is based on the
existing language. If this option is selected by the City Council as the one to be
adopted, Council will need to also decide on items 5.03.020.E.2.e, h, and i. Item “e”
addresses signage and whether a small sign would be allowed or not. Item “h”
addresses parking for the home-based business. Finally, item “i” clarifies whether on-
site services would be allowed. In the first option “i”, services are not allowed, which is
the existing language. In second option “i”, services are still not allowed, although a
series of limited, small scale service-type uses would not be considered “services” and
therefore would be permitted as a home-based business. During our review of the
existing home occupation language, UDC Task Force members have advised staff that
several of these small scale services are in fact just the types of businesses that are in
operation today. Also under this option, retail sales would be allowed with no store-
Attachment number 1
Page 1 of 4
Item # A
Planning & Development Department Staff Report
Home-Based Business UDC Amendments Staff Report Page 2 of 4
front and would be limited to incidential sales of merchandise related to the service
provided; direct sales product distribution (Avon, etc.); sales by phone, internet or mail;
and sales of custom products created by the business.
The second overall option (Options 3 and 4) for the Council’s consideration would
create a separate set of criteria for home-based businesses located in the Old Town
Overlay District and have the first option apply to the balance of the City. This option
creates two (2) classes of home businesses, those with on-site clients or customers (Class
II) and those without (Class I). There are a several standards similar to the first option,
but with more specificity and there is a list of prohibited uses. Within the second option
there are two (2) choices related to approval of the Class II home businesses: one would
require a Special Use Permit (Option 3), approved by City Council after a
recommendation from P&Z and the second would require approval of a Home-Based
Business Permit (Option 4)approved by P&Z. The Home-Based Business Permit would
be a new process and there is companion language to create that process. As
envisioned by the proposal, this new permit would be a single public hearing at P&Z
with a $100 permit fee. As noted for the first option, if Council wishes to approve the
second option, there are still details that will need to be recommended within each
option.
Finally, there was a group of Task Force members who believed that there should not
be separate criteria for different sections of the City, and recommended that whichever
option was chosen apply to all of Georgetown (Option 2).
The complaints related to code enforcement of the current regulations have been
directed at those types of businesses that not only are currently not allowed as a home
business, but would also not be allowed as a home business under any of the options
proposed. Therefore, staff is in support of the first overall option (5.03.020.E) applying
to the entire City with sub-item “e” option 1 to allow a small sign; sub-item “h” option 3
to allow utilization of on-street parking and existing on-site parking; and sub-item “i”
option 2 to allow limited on-site services and non-store front retail.
Special Considerations
As a reminder, the Council will need to make specific decisions on the following items
related to the Home-Based Business language:
Overall Decision:
• Apply first overall option (5.03.020.E) to the entire city;
• Apply second overall option (5.03.020.F) to the Old Town Overlay District and
apply first overall option (5.03.020.E) to the remainder of city; or
Attachment number 1
Page 2 of 4
Item # A
Planning & Development Department Staff Report
Home-Based Business UDC Amendments Staff Report Page 3 of 4
• Apply second overall option (5.03.020.F) to entire city.
Decisions related to first overall option (5.03.020.E):
• 5.03.020.E.2.e (signage):
o Option 1 (existing) - two square foot sign; or
o Option 2 - no signage
• 5.03.020.E.2.h (parking):
o Option 1 (existing) - no more than two cars;
o Option 2 - on-street parking only in front of residence; or
o Option 3 - on-street parking only in front of residence and no increase on-site.
• 5.03.020.E.2.i (on-site retail sales and services):
o Option 1 (existing) - no on-site retail sales or services allowed; or
o Option 2 - no services allowed, but small scale service-type uses would not be
considered services, and retail sales would allow no store-front and be limited
to: incidential sales related to the service provided; direct sales product
distribution; sales by phone, internet or mail; and sales of custom products.
Decisions related to second overall option (5.03.020.F):
• Require approval by City Council of a Special Use Permit for Class II home-based
businesses; or
• Require approval by the Planning and Zoning Commission of a Home-Based
Business Permit for Class II home-based businesses, establishing a new process for
such.
o Allowing use of accessory structures for a home-based business; and
o A separation of 300 feet between a new home-based business and an existing
home-based business unless both businesses meet the requirements of this
ordinance and existed at the time of adoption.
Public Comments
Prior to the Planning and Zoning Commission hearing public workshops to allow
additional public review were held on December 1st and 2nd. Three (3) persons in
attendance expressed their support for the Home-Based Business Option 1.
There were 16 speakers at the December 7th P&Z hearing. The speakers at the meeting
were split with those in favor of less regulation for what individuals do at their homes
(9), and those wanting limited home-based businesses and a public process to review a
proposed business that would involve on-site customers (7). The draft P&Z minutes are
attached.
Planning and Zoning Commission Recommendation
Attachment number 1
Page 3 of 4
Item # A
Planning & Development Department Staff Report
Home-Based Business UDC Amendments Staff Report Page 4 of 4
On December 7, 2010, the Planning and Zoning Commission held a public hearing and
made the following recommendations:
1. Regulations should apply to all of Georgetown. Approval 6 to 0
2. Option 1 – 5.03.020.E. Approval 6 to 0
• Signage (5.03.020.E.2.e) – Option 1. Approval 5 to 1
• Parking (5.03.020.E.2.h) – Option 3. Approval 5 to 1
• On-site Retail/Service (5.03.020.E.2.i) – Option 2. Approval 5 to 1
Meetings Schedule
January 11, 2011 – City Council Workshop
January 25, 2011 – City Council First Reading
February 8, 2011 – City Council Second Reading
Staff Recommended Motion
No action is required.
Attachments
Exhibit 1 – Home-Based Business Limitations Proposed Text
Submitted By
Elizabeth A. Cook, Community Development Director and Valerie Kreger, Principal
Planner
Attachment number 1
Page 4 of 4
Item # A
Exhibit 1
Home-Based Businesses Page 1 of 14
Home-Based Business Limitations
The following proposes to maintain most of the current language for the majority of the
City with some ‘tweaks’ for clarification. Based on comments from some Old Town
residents, a Section 5.03.020.F has been proposed as an additional option that would
require a Special Use Permit in Old Town for businesses that have customers to the
site. Black indicates existing text, red indicates proposed text, gray indicates deleted
text, and teal indicates editor notes. Please keep in mind this reflects each of the
proposals from the group and all options will be presented to P&Z and Council and they
will make the final decisions.
Option 4 is a new proposal received on November 15, 2010, and those edits are shown
in blue text. For that option there is a companion changed needed to Chapter 3 to add
a new Home-Based Business Permit (Section 3.23), which is located at the end of this
section for your review.
5.03.020.E. Home Occupation-Based Business
Home Occupations–Based Businesses are permitted in accordance with Table 5.02.010 and
subject to the following standards and limitations below.
1. General
a. A Home Occupation–Based Business is that accessory use of a dwelling premise that
shall constitute all or some portion of the livelihood of a person or persons living in
the dwelling.
b. The Home Occupation-Based Business shall be clearly incidental to the residential
use of the dwelling and shall not change the essential residential character of the
dwelling or neighborhood or adversely affect the uses permitted in the District of
which it is a part.
c. Land uses that are addressed individually in the Use Chart of this Chapter are not
considered a home-based business for purposes of this Section. Examples of those
uses are: Group Homes, Family Day Cares, Bed and Breakfast and Garage Sales.
2. Home Occupation -Based Business Types
Home Occupations-Based Businesses are permitted subject to the occupation business
meeting the following provisions. These provisions are applicable to on-site activities
related to the Home-Based Business and are intended to be considered in relation to the
broad operation of the business.
a. The home-based business shall be conducted entirely within a dwelling or accessory
structure, or integral part thereof, and have no outside storage of any kind related to
the home occupation business;
b. The home-based business shall be clearly incidental and secondary to the principal
primary use of the dwelling premise;
c. The home-based business shall be conducted only by persons residing on the
premises (nonresident employees are not permitted);
Attachment number 2
Page 1 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 2 of 14
d. The home-based business shall Does not affect the residential character of the
dwelling or accessory structures nor cause the dwelling or accessory structures to be
extended;
Option 1 e. One non-illuminated identification sign is permitted provided the sign is mounted
(existing): flat on the exterior wall of the dwelling and has an area no greater than two (2)
square feet;
Option 2: e. No signage shall be allowed in connection with the Home-Based Business;
f. Deliveries by commercial vehicle occur only between are limited to the hours of 8
a.m. and to 6 p.m.; however, deliveries by a regular carrier such as USPS, UPS, and
FedEx may be delivered during their typical hours;
g. The home-based business shall create no disturbing or offensive noise, vibration,
smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking
problem;
Option 1 h. The home occupation based business shall not result in the off-street or on-street
(existing): parking of more than two (2) vehicles at any one time not owned by members of the
occupant family;
Option 2: h. Any on-street parking utilized by the business shall only be allowed along the
property line of the home-based business residence and as allowed by current City
code;
Option 3: h. On-street parking utilized by the business shall only be allowed along the property
line of the home-based business residence and as allowed by current City code. Off-
street parking is limited to existing paved areas and the business shall not result in
the increase of on-site parking areas;
Option 1
(existing): i. The home-based business shall involve no on-site retail sales or services;
Option 2: i. The home-based business shall involve no on-site retail sales or services. However, if
the activity is kept at a small scale (meaning generally one or two people conducting
the business or meeting with clients) and the business remains compliant with the
limitations of this Chapter, the following shall not be considered services:
(1) individual academic, music, dance, photography, art, hobby or similar instruction
or studio,
(2) seamstress or tailor,
(3) barber or beauty salon (one (1) chair),
(4) financial/investment counseling, accounting, bookkeeping, real estate office, or
similar office,
(5) individual massage, natural therapy or similar services,
Attachment number 2
Page 2 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 3 of 14
(6) counseling in an office setting, and
(7) other similar low impact uses as determined by the Director;
j. The home-based business shall not have a retail store-front. Retail sales are limited
to:
(1) incidental sales of merchandise related to a service provided by the home-based
business,
(2) direct sales product distribution (Amway, Tupperware, Avon, etc.),
(3) sales via phone, internet or mail, and
(4) custom products created by the business;
k. The business shall be conducted by appointment or prearrangement only with no
drop-in customers of any kind allowed; and
l. There shall be a clearly visible street address posted or displayed on the premises.
5.03.020.F Option 1: Apply only to Old Town Overlay and apply Section 5.03.020.E
to the balance of the city
5.03.020.F Option 2: If 5.03.020.F is approved, apply to entire city
5.03.020.F. Home-Based Businesses in the Old Town Overlay District
Home-Based Businesses located in the Old Town Overlay District are permitted in
accordance with Table 5.02.010 and subject to the business meeting the provisions,
standards and limitations below.
1. Use Limitations. Following businesses, occupations or activities are specifically
prohibited:
a. Retail, wholesale or warehouse activities. No retail sales shall occur on the premises.
b. Vehicle repair, servicing, painting, detailing or towing if vehicle is dispatched from
premise or brought to premise or stored or parked in area.
c. Engine or similar repair shop.
d. Kennel or veterinary or animal grooming services.
e. Repair of large appliances.
f. Medical or dental services or offices.
g. Tanning or nail salons.
h. Barber or beauty salons.
i. Welding or machining activities.
j. Large scale carpentry, cabinet making or upholstery services.
Attachment number 2
Page 3 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 4 of 14
k. Any other use that is not incidental to and/or compatible with residential activities,
as determined by the director.
2. All Home-Based Business in the Old Town Overlay District shall meet all of the following
standards and provisions:
a. The business activity shall be incidental and secondary to the principal residential
use of property.
b. The business activity shall be conducted entirely within a dwelling or an existing
enclosed accessory structure. No outdoor storage of any kind related to the home-
based business shall be allowed.
c. An area no larger than twenty-five (25%) percent of the total first floor area of the
dwelling unit or a maximum of 500 square feet may be used in connection with a
home-based business. The home-based business shall not require internal or
external alterations or construction features or installation of equipment or
machinery not customary to a residential dwelling.
Option 4: c. An area no larger than twenty-five (25%) percent of the total first floor area of the
dwelling unit or with a maximum of 500 square feet may be used in connection with
a home-based business, including use of an accessory structure(s). The home-based
business shall not require internal or external alterations or construction features or
installation of equipment or machinery not customary to a residential dwelling.
d. No alteration of the residential appearance of the premises or extension of the
premises to accommodate the home-based business is allowed.
e. Only residents of the dwelling shall be employed in the home-based business. Non-
resident employees shall not be permitted.
f. There shall be no signs permitted, no evidence on the exterior of any structure or
anything visible from the exterior of the premises that indicates a home-based
business exists on the property.
g. There shall be no advertising of the address of the home-based business that results
in attracting persons to the premises.
h. Deliveries by commercial vehicle shall occur only between the hours of 8 a.m. and 7
p.m. and exclusive of tractor trailers and other large heavy commercial vehicles.
However, deliveries by a regular carrier such as USPS, UPS, and FedEx may be
during their typical hours.
i. No equipment or process shall be used which creates detectable noise, vibration,
smoke, dust, odors, fumes, heat, glare, electro-magnetic field, electrical or radio or
television interference beyond the property boundaries.
j. The business shall not operate at such hours or in such a manner as to disturb
neighbors or alter the residential character of the premises.
k. No hazardous materials other than those commonly found within a residence shall be
used or stored on the site. Such materials and equipment shall be limited to
quantities that do not constitute a fire, health or safety hazard.
l. The business does not involve the use or storage of heavy vehicles or equipment at
levels that exceed those permitted by the zoning district or City codes.
Attachment number 2
Page 4 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 5 of 14
m. No generation of solid waste or sewage discharge in volume or type which is not
normally associated with residential use in the neighborhood.
3. Class I and Class II Home-Based Business Standards
a. Class I: All Class I home-based businesses shall meet the criteria noted in
paragraph 2 above and shall not be open to any customers or clients for business
purposes on premises.
b. Class II: All Class II home-based businesses shall meet the criteria noted above in
paragraph 2 and are allowed to have clients, customers or students on-premise for
business purposes subject to the following limitations:
i. The business shall be conducted by appointment or prearrangement only
with no drop-in customers of any kind allowed.
ii. Shall not generate off-street or on-street parking of more than two (2)
vehicles at any one time that are not owned by the resident or family
members. No parking spaces shall be added to the premises for the home-
based business.
iii. Limited to a maximum of two (2) students at a time for tutoring or individual
instruction, including the number of persons waiting on the property to
receive instruction.
iv. Limited to a maximum of three (3) clients or customers at any one time.
v. Shall not generate more than ten (10) average daily trips (ADT) per day of
customer related vehicular traffic.
vi. Shall not be open to customers, clients or students earlier than 8:00 a.m. nor
later than 9:00 p.m.
vii. There shall be a clearly visible street address posted or displayed on the
premises.
Option 4: viii. A home-based business may be established no closer than 300 feet from an
existing home-based business unless both businesses meet the requirements
of this ordinance and existed at the time of adoption (effective date of
ordinance).
viii. ix. The City Council or (Planning and Zoning Commission) may add
additional conditions.
4. Special Use Permit Required: Prior to the establishment of a new Class II home-
based business a Special Use Permit, pursuant to Section 3.07, shall be required. If a
tenant makes the application they must do so with the authority of the property owner.
The following information shall be included in the application:
Option 4: 4. Home-Based Business Permit Required: Prior to the establishment of a Class
II home-based business, a Home-Based Business Permit shall be required, pursuant to
Section 3.23. If a tenant makes the application they must do so with the authority of the
property owner. The following information shall be included in the application:
Attachment number 2
Page 5 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 6 of 14
a. A complete description of the proposed business operation and activities and how it
meets the minimum standards set forth above and including the amount and
location of floor space occupied by the business;
b. Provisions for storage of materials, if applicable;
c. Number and type of vehicles used by the business, if applicable;
d. Days and hours of operation;
e. Average and maximum number of customers, clients or students per day and per
week;
f. Average and maximum number of deliveries per day and per week; and
g. Availability of on-street and 0ff-street parking.
5. Inspections Permitted. As part of the Special Use Permit process, the premises to be
used for a home business may be inspected by the Department prior to any approval or
registration of a home business. Home-based businesses applicants shall allow a
reasonable inspection of the premises by the Director or designee to determine
compliance with this Section.
Option 4 (shown in blue text):
6. Special Use or (Home-Based Business) Permits Limited. Special Use Permits
for Home-Based Businesses are limited as follows:
a. Special Use or (Home-Based Business) Permits for Home-Based Businesses shall be
granted to the owner or tenant who resides at the residential address.
b. Special Use or (Home-Based Business) Permits for home businesses are not
transferable from person to person or from address to address and shall only apply to
the individual identified in Subsection i above, except as noted in Subsection iii
below.
c. Should a home business permit holder move to a new location, the existing Special
Use or (Home-Based Business)Permit shall be automatically terminated, except
that, in the case of death, disability or divorce, the surviving or former spouse or
child residing at the same address may continue the permit upon written notice to
and written acknowledgement from the Department.
7. Existing Home-Based Businesses.
a. A home-based business in existence prior to (effective date of ordinance) shall be
required to be registered with the Planning and Development Department no later
than April 1, 2011 to demonstrate compliance with this ordinance or to provide proof
that it was a legally non-conforming home-based business that met the prior Code
requirements. If it does not meet the qualifications to be a home-based business the
business operation at the residential premise shall cease. However, the business
owner may make an application for a Special Use Permit or (Home-Based
Business) if they believe that their business meets the intent of with these
provisions.
b. Failure to Register. Failure to register as required in Subsection 3.b above shall be
deemed abandonment of any legal nonconforming or grandfathered right to operate
a home-based business regardless of actual intent. Thereafter, that home-based
Attachment number 2
Page 6 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 7 of 14
business will be required to obtain a Special Use Permit or (Home-Based
Business) and treated as though it were a new home-based business.
8. Home-Based Business Enforcement
If Code Enforcement receives a complaint regarding a home-based business, it shall be
the responsibility of the operator of the business to demonstrate compliance with the
above stated limitations and this Code.
9. Code Compliance
Home-based businesses shall comply with all local, state or federal regulations pertinent
to the activity pursued, and the requirements of or permission granted by this Section
shall not be construed as an exemption from such regulations. Applicant’s should
confirm that their homeowners association and/or property owner permit home
businesses, as the City may not be aware of these restrictions and does not enforce these
private agreements.
Section 16.02 Definitions
ADT (Average daily trips). The average number of vehicles or pedestrians passing a specific
point in a 24 hour period; normally measured throughout a year. ADT is the standard
measurement for vehicle traffic load on a section of road, and the basis for most decisions
regarding transportation planning.
Home-Based Business. An occupation or business activity which results in a product or
service for financial gain and is conducted in whole or part in the dwelling unit or accessory
building and is clearly an accessory or incidental use and subordinate to the residential use of
the dwelling unit. Telecommuting from a persons’ regular place of employment is not a home-
based business. Home-based business may also be called home occupations. Home-based
businesses exclude uses that are otherwise addressed in Chapter 5, such as Bed and Breakfasts.
Home Occupation. An occupation carried on in a dwelling unit, or in an accessory building to
a dwelling unit, by a resident of the premises, and which is clearly incidental and secondary to
the use of the premises for residential purposes, pursuant to Section 5.02.020 of this Code.
Telecommuting. A work arrangement in which employees enjoy flexibility in working
location, where the daily commute to a central place of work is replaced by telecommunication
links that may be from home or other location off-site from the primary work location.
Section 3.23 Home-Based Business Permit
3.23.010 Applicability
Home-Based Business Permits allow for Planning and Zoning Commission approval of
home-based businesses with unique or widely varying operating characteristics, subject to
the terms and conditions set forth in this Code. Home-Based Business Permits may be
issued only for uses that are generally compatible with other uses permitted in a Zoning
District, but that require individual review of their location, design, intensity, etc. These
uses and the Districts where they may locate are listed in Section 5.02.010. These uses may
Attachment number 2
Page 7 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 8 of 14
locate in Districts as indicated under special conditions described in a Home-Based Business
Permit approved by the Planning & Zoning Commission. No such use shall commence
without prior approval of a Home-Based Business Permit. A Home-Based Business Permit
includes a Conceptual Site Plan and, after approval, serves as the Conceptual Site Plan
necessary for the basis of the final Site Plan, which may be required prior to obtaining any
additional permits. The provisions of this Section related to Home-Based Business Permits
are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter.
3.23.020 Review Process
A. Initiation
Initiation of a Home-Based Business Permit may be made upon application of a property
owner or their designated agent.
B. Application and Completeness Determination
The Director is responsible for checking that a complete application has been submitted,
with all material necessary for the Planning and Zoning Commission to render an
informed decision.
C. Staff Review
1. The Director shall review the application, considering any applicable criteria for
approval and prepare a report to the Planning & Zoning Commission.
2. The Director may establish procedures for administrative review necessary to ensure
compliance with this Code and state statutes.
3. The Director may assign staff to review the application and make a report to the
Director.
4. The Director’s report may include a recommendation for final action.
D. Planning & Zoning Commission Review
1. Following notice in accordance with Section 3.03, the Commission shall hold a Public
Hearing in accordance with its rules and state law and may take final action on the
proposed Home-Based Business Permit.
2. The Home-Based Business Permit shall become effective upon approval by the
Planning and Zoning Commission.
3.23.030 Approval Criteria
A. A Conceptual Site Plan for the Home-Based Business Permit shall be approved by the
Planning and Zoning Commission in order to approve issuance of a Home-Based
Business Permit.
B. The Conceptual Site Plan shall be reviewed by the Director for compliance with this
Code, in accordance with the review criteria in Sections 3.03.040D and include, at a
minimum, the following existing and proposed features: driveways, parking areas,
Attachment number 2
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Item # A
Exhibit 1
Home-Based Businesses Page 9 of 14
entrance(s), trees, landscaping, buffering, screening, fences, buildings and other
structures, outdoor refuse containers, easements, sidewalks, street(s) names and
locations, lighting, signs, floodplain limit (general), concept drainage, and site and
building dimensions, if required by the Director or the Planning and Zoning
Commission.
C. In addition to the criteria for zoning changes in Section 3.06.020, the Planning and
Zoning Commission may approve an application for a Home-Based Business Permit
where it reasonably determines that there will be no significant negative impact upon
residents of surrounding property or upon the general public. The Planning and Zoning
Commission may consider the following criteria in its review:
1. The proposed business use is not detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants.
2. The proposed Conceptual Site Plan, circulation plan and design are harmonious
with the character of the surrounding area.
3. The proposed use does not negatively impact the public infrastructure such as roads,
parking facilities and water and sewer systems, and public services such as police
and fire protection and solid waste collection, and the ability to adequately provide
services thereto.
4. The proposed use does not create negative impacts of noise, glare, fumes, dust,
smoke, vibration, fire hazard, or other injurious or noxious impact.
3.23.040 Changes to Submitted Site Plan
Any modification to an approved Conceptual Site Plan that was filed as part of a Home-
Based Business Permit shall cause the Home-Based Business Permit to be reviewed under
paragraphs A and B below. Modified Conceptual Site Plans must be resubmitted to the
Director for consideration.
A. The Director may determine that the modification to the Conceptual Site Plan does not
change the basis for Home-Based Business Permit approval and issue an approval of the
modified Home-Based Business Permit.
B. If the Director determines that the modifications to the Conceptual Site Plan change the
basis for the initial Home-Based Business Permit approval, the modified permit shall
follow the normal review process for a Home-Based Business Permit.
3.23.050 Expiration
A Home-Based Business Permit shall expire 12 months from the date of Commission
approval, unless the business has commenced operation.
3.23.060 Discontinuation
A Home-Based Business Permit shall expire 12 months following the discontinuation of the
use for which the Home-Based Business Permit was approved. The change in ownership of
Attachment number 2
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Item # A
Exhibit 1
Home-Based Businesses Page 10 of 14
the residence with an approved Home-Based Business Permit shall cause the permit to
expire immediately upon change in ownership.
3.23.070 Appeal
The applicant or their agent or 51percent of the adjoining property owners within 200 feet
aggrieved by a final action on a Home-Based Business Permit may appeal to the City
Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the
Director within 30 days of the final action.
A. Appeal Hearing
The Hearing shall be set for the next available City Council meeting, subject to the
provision of public notification. Notification shall be provided in the same manner as
the initial Home-Based Business Permit.
B. Burden of Proof in Appeals
When an appeal is taken to the City council, the Planning and Zoning Commission’s
action is presumed to be valid. The person filing the appeal shall present sufficient
evidence and have the burden to justify a reversal of the action being appealed.
C. Findings and Conclusions
All findings and conclusion necessary to the appeal decision shall be based upon reliable
evidence. Competent evidence (evidence admissible in a Court of Law) will be
preferred whenever reasonably available, but in no case may findings be based solely
upon incompetent evidence unless competent evidence is not reasonably available, the
evidence in question appears to be particularly reliable, and the matter at issue is not
seriously disputed. In exercising its authority, the City Council may reverse or affirm, in
whole or in part, or modify the Commission’s order, requirement, decision or
determination from which an appeal is taken and make the correct order, requirement,
decision or determination, and for that purpose the City Council has the same authority
as the Planning and Zoning Commission.
D. Decision on Appeal
The City Council shall review the application, the Director’s report, conduct a Hearing
in accordance with the Council’s established procedures and state law, and take final
action on the appeal. It shall require a concurring vote of a majority of the City Council
members present to overturn a Planning and Zoning Commission decision on a Home-
Based Business Permit.
2.01.020 Summary of Review Authority
The following Table summarizes the decision-making authority of each review body for the
City of Georgetown.
Table 2.01.020: Summary of Review Authority
Attachment number 2
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Item # A
Exhibit 1
Home-Based Businesses Page 11 of 14
Procedure
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Planning and Zoning Commission
Minor or Final Plat w/ Waiver R R DM A
Preliminary Plat R R DM A
Plat Waiver R R DM A
Heritage Tree Protection Priority R R R DM A
Variance (floodplain & stormwater) <DM>
Home-Based Business R <DM> A
R – Review or Recommendation DM – Decision Making Authority A – Appeal Authority
< > - Public Hearing
Section 2.05 Planning & Zoning Commission (Commission or P&Z)
2.05.010 Powers and Duties
The Planning and Zoning Commission has the following powers and duties as described in
this Code:
A. Final Action
The Planning and Zoning Commission shall be responsible for considering and
taking final action on the following procedures described in Table 2.01.020 and this
Code:
1. Preliminary Plat;
2. Combined Preliminary and Final Plat pursuant to Section 5.08.050.A.2.;
3. Plat Waiver;
4. Minor or Final Plat, subject to a Plat Waiver;
5. Administrative Plat that the Director refers to the Commission or one that the
Director cannot approve;
6. Variance from the floodplain and stormwater management regulations of this
Code if the Variance is not contrary to the public interest and, due to special
conditions, a literal enforcement of this ordinance would result in unnecessary
hardship, and so that the spirit of the ordinance is observed and substantial
justice is done.; and
7. Home-Based Business Permit.
Chapter 3 Applications and Permits
Attachment number 2
Page 11 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 12 of 14
Section 3.01 General
Table 3.01.020 Applicability of Procedures
City Limits
Extraterritorial
Jurisdiction
Prior to Subdivision, Platting and any Development
Comprehensive Plan Amendment X X
UDC Text Amendment X X
Rezoning (Zoning Map Amendment) X
Historic District Designation X
Special Use Permit X
Development Agreement X X
Access Point Connection Exemption X X
Home-Based Business Permit X
Subdivision & Platting of Land
Administrative Plat X X
Preliminary Plat X X
Construction Plans X X
Final Plat X X
Plat Waiver X X
Development Application Process
Site Plan X
Construction Plans X
Zoning Verification Letter X
Legal Lot Verification Letter X X
Temporary Use Permit X
Master Sign Plan X X
Certificate of Design Compliance X
Appeal of an Administrative Decision X
Variance X
Administrative Exception X
Special Exception X
Stormwater Permit X X
Driveway Permit X X
Sign Permit X X
Courthouse View Height Determination X
Section 3.02 Common Review Elements
3.02.010 Pre-application Conference
Attachment number 2
Page 12 of 14
Item # A
Exhibit 1
Home-Based Businesses Page 13 of 14
C. A Pre-application Conference is required for the following applications.
1. Comprehensive Plan Amendment
2. Rezoning (Zoning Map Amendment)
3. Historic District Designation
4. Special Use Permit
5. Preliminary Plat
6. Administrative Plat (Minor Plat or Amending Plat)
7. Site Plan
8. Master Sign Plan
9. Certificate of Design Compliance
10. Variance
11. Unified Development Code Text Amendment
12. Construction Plan
13. Final Plat
14. Planned Unit Development
15. Driveway Permit
16. Development Agreement
17. Special Exception
18. Plat Waiver
19. Home-Based Business Permit
Section 3.03 Public Hearing and Notice
3.03.010 Provision of Public Notice
A. Summary of Notice Required
Notice shall be required for application review as shown in the following Table.
Procedure
Published
Mailed
Posted
UDC Text Amendment X
Rezoning (Zoning Map Amendment) X X X
Historic District Designation X X X
Special Use Permit X X X
Attachment number 2
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Item # A
Exhibit 1
Home-Based Businesses Page 14 of 14
Certificate of Design Compliance X
Variance X X X
Special Exception X X X
Replat without Vacating (§212.0145) X X
Development Agreement
X X X
Access Point Connection Exemption X X X
Home-Based Business Permit X X X
3.03.020 Required Public Hearing
The following Table identifies the types of applications requiring a Public Hearing and the
review body responsible for conducting the Hearing.
Table 3.03.020: Summary of Required Public Hearing
Type of Application
HARC
Zoning Board
of Adjustment
Planning & Zoning
City Council
Comprehensive Plan Amendment
X
X
UDC Text Amendment
X
X
Rezoning (Zoning Map Amendment)
X
X
Historic District Designation
X
X
X
Special Use Permit
X
X
Appeal of Admin. Decision
X
Variance
X
Special Exception X
Development Agreement X X
Access Point Connection Exemption X
Home-Based Business Permit X
X = Public Hearing Required
Attachment number 2
Page 14 of 14
Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 1 of 9
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, December 7, 2010 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: Don Padfield, Chair; Porter Cochran, Vice Chair; Annette Montgomery,
Secretary; Brandon Collier, Gregory A. Austin, Gene Facey
Commissioner(s) Absent: Pat Armour
Commissioners in Training: Ercel Brashear, Sally Pell
Commissioner(s) in Training Absent: N/A
Staff Present: Elizabeth Cook, Director; Valerie Kreger, Principal Planner; David Munk, City
Engineer; Stephanie McNickle, Recording Secretary; Avery Craft, Recording Secretary
Chair Padfield called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance.
Chair Padfield 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.
7. Public Hearing and Possible Action on the Fifth Round of the 2008-2009 Annual Unified
Development Code (UDC) Amendments. Staff report given by Elizabeth Cook. Cook stated
that in 2008, the City Council approved a revised process for the annual review and
amendment of the Unified Development Code (UDC). The process involves citizen
participation in the form of a UDC Task Force, which is comprised of self appointed
members, the general public, the Planning and Zoning Commission (P&Z) and final decision
by the City Council. This is the 5th round in a series of amendments started in late 2008. The
following is an overview of the amendments presented by Cook:
• Residential Additions and Infill within the Old Town Overlay District (Exhibit 2)
This proposed text amendment addresses the UDC List item intended to keep new
residential construction in the Old Town Overlay in scale with the existing historic
character of the area. The proposed UDC amendment would set limitations beyond
those of the underlying zoning district (generally RS) for all single and two family
residential additions or new home construction in the Old Town Overlay District.
These limitations could not be exceeded without approval of a Certification of Design
Compliance (CDC) by the Historic and Architectural Review Commission (HARC).
Variance approval by the Zoning Board of Adjustment (ZBA) would still be required,
in addition to the HARC approval, for any proposed construction that would also
Attachment number 3
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Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 2 of 9
exceed the underlying zoning district requirements. The proposed limitations are
summarized below.
1. Additions will not be made to the street facing façade of an existing single or two
family dwelling. (RS district establishes a minimum front setback of 20 feet.)
2. Single and two family structures will be limited to 30 feet in height. (RS district
establishes a maximum building height of 35 feet.)
3. Upper stories are subject to a ten (10) foot side setback and a 15-foot rear setback.
(RS district setbacks are six (6) and ten (10) feet respectively.)
4. The square footage of additions to existing homes may not exceed 30% of the square
footage of the existing structure. (Building setbacks and maximum impervious
coverage are the only requirements currently limiting size.)
5. The total floor-to-area ratio (FAR) of a residential parcel shall not exceed 0.65 where
new construction or an addition is proposed. (FAR is currently not addressed in
UDC.) This would mean that the total square footage of the structure could not
exceed 65% of the square footage of the property.
• Certificate of Design Compliance for Demolition of Historic Structures (Exhibit 3)
The changes to Section 3.13 amend HARC’s current CDC review process for requests
to demolish or relocate historic properties or properties located within the historic
overlay districts. This proposed amendment is in response to the UDC List item to
have more stringent protection of historic homes. The amendment is intended to
further protect historic resources by giving the HARC the ability to extend delay
periods to allow more time to seek alternatives to demolition and increasing the
justification information provided by the applicant. As proposed, there would be
additional submission requirements for demolition or relocation CDC applications
depending on the basis for the requested removal. If HARC were not to approve a
demolition request at the initial public hearing, a delay period would automatically
commence. During the delay period, which varies depending on specified criteria, an
applicant may need to provide additional information, work toward finding potential
buyers, complete additional research and/or similar activities to justify the proposed
removal. In addition, if an applicant makes an argument for demolition or relocation
based on no economically viable use of the property the request would be reviewed
by an economic review panel. This review panel would analyze the financial
documentation presented by the applicant that justifies the economic necessity of the
proposed removal, and then make a recommendation to HARC.
• Sidewalks (Exhibit 4)
As proposed, the changes to Chapter 12 and 13 would allow an alternative sidewalk
plan for sites with unique and extraordinary conditions. If a site qualifies for this
Attachment number 3
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Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 3 of 9
alternative option, the replacement could be provided in the form of an alternate
route, payments-in-lieu or a delay in the installation of the sidewalk due to road
construction. In addition, the changes clarify that residential sidewalks are to be
installed at the time of subdivision site improvements. However, a provision is
included that allows the installation to be deferred for each residential lot until the
construction of each individual residential unit. If that option is selected, there would
be a required payment of 20% of the cost to construct these sidewalks into a fund that
would be used by the City to construct any missing pieces of sidewalk after a five (5)
year period.
• Home-Based Business Limitations (Exhibit 5)
New UDC language was proposed for Home Occupations during the last round of
amendments with the Chapter 5 revisions. Staff initiated these changes due to several
calls regarding the current language, which does not allow any on-site retail sales or
services and therefore disallowed services such as tutoring and music lessons. At the
City Council meeting regarding the Round 4 amendments, there was concern
expressed that the Task Force had not had enough input into the proposal. So, staff
reconvened with the group to develop new language.
The new proposal not only changes the name from Home Occupation to Home-Based
Business, but also provides several options for consideration, based on input from the
Task Force. Overall, the proposals are grouped into two major options. The first
overall option, which includes some internal options, is based on the existing
language. If this option is selected by the Planning and Zoning Commission (P&Z) as
the one to be recommended for Council approval, P&Z will need to also decide on
items 5.03.020.E.2.e, h, and i. Item “e” addresses signage and whether a small sign
would be allowed or not. Item “h” addresses parking for the home-based business.
Finally, item “i” clarifies whether on-site services would be allowed. In the first option
“i”, services are not allowed, which is the existing language. In second option “i”,
services are still not allowed, although a series of limited, small scale service-type uses
would not be considered “services” and therefore would be permitted as a
home-based business. Also under this option, retail sales would be allowed with no
store-front and would be limited to incidental sales of merchandise related to the
service provided; direct sales product distribution (Avon, etc.); sales by phone,
internet or mail; and sales of custom products created by the business.
The second overall option for the P&Z’s consideration would create a separate set of
criteria for home-based businesses located in the Old Town Overlay District and have
the first option apply to the balance of the City. This option creates two (2) classes of
home businesses, those with on-site clients or customers (Class II) and those without
(Class I). There are a several standards similar to the first option, but with more
specificity and there is a list of prohibited uses. Within the second option there are two
(2) choices related to approval of the Class II home businesses: one would require a
Special Use Permit, approved by City Council after a recommendation from P&Z and
Attachment number 3
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Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 4 of 9
the second would require approval of a Home-Based Business Permit approved by
P&Z. The Home-Based Business Permit would be a new process and there is
companion language to create that process. As envisioned by the proposal, this new
permit would be a single public hearing at P&Z with a $100 permit fee. As noted for
the first option, if P&Z recommends approval of the second option, there are still
details that will need to be recommended within each option. Finally, there was a
group of Task Force members who believed that there should not be separate criteria
for different sections of the City, and recommended that whichever option was chosen
apply to all of Georgetown. The complaints related to code enforcement of the current
regulations have been directed at those type of businesses that not only are currently
not allowed as a home business, but would also not be allowed as a home business
under any of the options proposed. Therefore, staff is in support of the first overall
option (5.03.020.E) applying to the entire City with sub-item “e” option 1 to allow a
small sign; sub-item “h” option 3 to allow utilization of on-street parking and existing
on-site parking; and sub-item “i” option 2 to allow limited on-site services and
non-store front retail.
• Miscellaneous Text Amendments (Exhibit 6)
There are several minor amendments contained in Exhibit 6, which include the
following:
1. Chapter 3 changes relate to articulating the subdivision replat process that follows
the procedures and requirements identified in the Texas Local Government Code.
Today, the UDC is silent on the replat process.
2. Chapter 4 changes include:
Clarifying that the City (versus a specific department) will maintain the Official
Zoning Map and that digital mapping may represent the most accurate and up-
to-date information between Zoning Map printings. These are just clarifications
of existing practice.
The Williams Drive Special Area is being modified to allow Public Emergency
Services Stations as a permitted use.
3. Chapter 5 is being revised:
To remove the limitation that does not allow columbaria associated with
religious assembly facilities to be located within the front yard.
To allow an Integrated Office Center use by right in the Industrial District
rather than requiring a Special Use Permit. There is a companion definition
change in Chapter 16 to have multiple buildings or a site to be an Integrated
Office Center
4. Chapters 6 and 7 are being revised to clarify that no buildings are allowed in the
required setback or yard; to include the word “street” next to the words “front
Attachment number 3
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Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 5 of 9
setback” in the Lot and Dimensional Chart in Chapter 7; and to clarify setback and
street setback limitations in Chapter 7.
5. Chapter 11 stormwater management system design requirements are being
updated to reflect Gateway Overlay changes made in prior amendments. These
items refer to the appearance of stormwater facilities in the Gateways.
• The exemptions section of Chapter 14 is being amended to allow site plans that
have been approved, but not constructed, to be completed even if a UDC
change has been made that would make the site nonconforming if constructed
as approved.
• There are some revisions to the recently adopted Chapter 16, either to modify
an existing definition, to include definitions needed as companions to other
amendments or to address missing definitions.
Board discussed how to move forward with the public hearing, considering there are
numerous amendments. Austin suggested having a discussion and a vote for each of the
amendments in the order in which Cook presented them.
Padfield opened the public hearing for Residential Additions and Infill within the Old Town
Overlay District (Exhibit 2) at 6:52.
Renee Hansen of 1252 S. Austin Avenue stated that she has noticed at least four homes in the
Historic District that are not abiding by proper standards. Renee is in support of the
ordinance.
Richard Cutts of 1312 Elm Street stated that he is in favor of the change to the ordinance. It is
important because it will preserve the historic assets of Georgetown.
Ellen Davis of 405 E. 10th Street stated that she proposed this amendment to the UDC about 2
years ago and is very happy that it is finally being discussed. Davis is in favor of this
ordinance.
Padfield closed the public hearing for Residential Additions and Infill within the Old Town
Overlay District (Exhibit 2) at 7:00.
Motion by Facy to recommend approval to City Council for the proposed amendment
related to Residential Additions and Infill within the Old Town Overlay District (Exhibit 2).
Second by Montgomery. Approved. (5-1; Austin opposed)
Padfield opened the public hearing for Certificate of Design Compliance for Demolition of
Historic Structures (Exhibit 3) at 7:14.
Peter Dana of 1101 Walnut Street stated that he supports as much regulation as possible.
Attachment number 3
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Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 6 of 9
Ellen Davis of 405 E. 10th Street wants to make it harder for people to demolish historic
structures. Davis also supports the significant penalties that have been put into place for
people who demolish their homes.
Richard Cutts of 1312 Elm Street stated that he thinks that this type of an ordinance is similar
to the City of Galveston’s ordinance, which has been working very well.
Renee Hansen of 1252 S. Austin Avenue stated that she is in favor of the ordinance.
Robert Phipps of 1404 Elm Street stated that he is in agreement with Richard Cutts and
Renee Hansen.
Barbara Meyer of 705 E. 3rd Street stated that she is in favor of the ordinance.
Chris Damon of 1408 Olive Street stated that the Old Town residents are all in agreement
that this ordinance should be passed in order to preserve the historic feel.
Padfield closed the public hearing for Certificate of Design Compliance for Demolition of
Historic Structures (Exhibit 3) at 7:26.
Motion by Facey to recommend approval to City Council for the proposed amendment
related to Certificate of Design Compliance for Demolition of Historic Structures (Exhibit 3).
Second by Austin. Approved. (5-1; Collier opposed)
Padfield opened the public hearing at 7:44 for Sidewalks (Exhibit 4). No one came forward to
speak.
Padfield closed the public hearing at 7:45.
Motion by Facey to recommend approval to City Council for the proposed Sidewalks (Exhibit
4) amendment. Second by Montgomery. Approved. (6-0).
Padfield opened discussion on the Home-Based Business Limitations (Exhibit 5) amendment
to staff and Board members.
Facey asked staff what the thought of Old Town is versus the entire city. Cook states that lot of
subdivisions have home owners associations that might have restrictions that Old Town does
not have. Home owners associations, beyond what the city might require, limit what someone
might or might not do from their home.
Cochran inquired about the language of Special Use Permit and Home Based business and
what is the difference. Cook states that a Special Use Permit is a type of zoning overlay and in
order to obtain one, someone must obtain special approval and participate in a public hearing
process in front of the Planning and Zoning Commission. The Planning and Zoning
Attachment number 3
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Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 7 of 9
Commission will then make their recommendations on the case to City Council. Home Based
Business would be discussed in front of the Planning and Zoning Commission, but will not
necessarily go to City Council.
Padfield opened the public hearing for the Home-Based Business Limitations (Exhibit 5)
amendment at 7:57.
Robert McMurrer of 1403 S. College Street is in agreement of preserving heritage. He pointed
out that the heritage has always provided home based businesses that have contributed to the
economic viability, social cohesiveness and charm of the various neighborhoods. McMurrer
agreed that there should be one standard for the city and believes that creating more limitations
will create a burden for city staff and City Council. McMurrer is not in favor of the restrictive
ordinance.
Chris Harrison of 424 Champions Drive explained that his wife has been an orchestra teacher
for several years and it has been a surprise to them that they may not be in compliance with city
standards at this time. Harrison is not in favor of the restrictive ordinance.
Tracy Gilliam of P.O. Box 1866 was told two years ago by the city that she was allowed to have
a home based business. Gilliam is concerned that her ability to work from her home as a
massage therapist will be taken away from her. Gilliam believes that it is unfair that home
based business owners will have to go through this time consuming process, given that there
have not been any complaints. Gilliam is not in favor of the restrictive ordinance and prefers
Option 1.
Rene Piotrowski of 2801 Gabriel View is a music teacher in her home. Piotrowski agreed with
the past two speakers and encouraged the Planning and Zoning Commission to allow home
based businesses. Piotrowski is not in favor of the restrictive ordinance.
Brad Mason of 811 Elm Street agreed that home based businesses should be allowed and is not
in favor of the restrictive ordinance.
Ross Hunter of 908 S. Walnut Street pointed out that Old Town relies on city laws and that there
is no home owners association. Hunter believes that the protection for the homeowners of Old
Town is compromised by the potential traffic of customers visiting home based businesses in
the area. Hunter is in favor of the more restrictive ordinance.
Dr. Tamara McReynolds of 916 Walnut Street expressed how she served in the United States
Army for 11 years and upon completing her service in Iraq, returned to Georgetown for the
following three reasons: freedom, flexibility and friendliness. Dr. McReynolds started a home
based business and was told recently that this was a problem. While recognizing that Old Town
should be preserved as it is, there are home based business throughout the entire city and there
should be one standard. Dr. McReynolds believes that home based businesses should be
allowed in Old Town and is not in favor of the restrictive ordinance.
Doug Bryce stated that he supports home based business in Old Town. From the day
Georgetown was founded, there have been home based businesses. Bryce is not in favor of the
restrictive ordinance.
Attachment number 3
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Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 8 of 9
Richard Risener of 114 Parque Vista Drive has owned and operated a gun repair shop in
Georgetown since 1997 with the blessings of the city. It is a surprise that he is no longer legally
running his business by city standards. Risener is not in favor of the restrictive ordinance.
Renee Hansen of 1252 S. Austin Avenue believes that people who purchase historic homes
should be notified if neighbors living within 200 feet are planning on starting a home based
business. Hansen proposes that Special Use Permits be only taken to the Planning and Zoning
Commission for review (not City Council) and that the permit would be a lesser fee of $100 as
opposed to $500. Hansen is in favor of the more restrictive ordinance.
Chris Damon of 1408 Olive Street strongly expressed that he is not in agreement with the
restrictive ordinance.
Barbara Meyer of 705 E. 3rd Street states that she experienced a noise ordinance issue with
one of her neighbors in the past due to a home based business. Meyer is in agreement with
the more restrictive ordinance.
Robert Phipps of 1404 Elm Street stated that there are a lot of differences between Old Town
and New Town and they can not be treated the same. If there are going to be changes made
to the law, there should be many protections provided to the neighborhood. Phipps is in
agreement with the more restrictive ordinance.
Richard Cutts of 1312 Elm Street is in agreement with the more restrictive ordinance.
Peter Dana of 1101 Walnut Street wants to restrict home based business in Old Town as it
impacts the neighbors and neighborhood. Dana stated that he lives in a residential
neighborhood, not a mixed-use neighborhood and wants to keep it that way. Dana is in
agreement with the more restrictive ordinance.
Rick Williamson of 204 Holly Street believes that there should be a freedom to own a home
based business with limitations.
Padfield closed the public hearing for the Home-Based Business Limitations (Exhibit 5)
amendment at 8:45.
Motion by Cochran to recommend to City Council to apply the same rules for Home-Based
Business Limitations (Exhibit 5) to the entire city. Second by Facey. Approved. (6-0).
Motion by Facey to recommend to City Council approval of the proposed Home-Based
Business Limitations (Exhibit 5) amendment to the UDC related to 5.03.020.E as overall Option
1. Second by Montgomery. Approved. (6-0).
Attachment number 3
Page 8 of 9
Item # A
Planning & Zoning Commission Minutes / December 7, 2010 Page 9 of 9
Motion by Facey to recommend to City Council approval of the proposed Home-Based
Business Limitations (Exhibit 5) amendment to the UDC related to 5.03.020.E.2.e (signage) as
overall Option 1. Second by Collier. Approved. (5-1; Austin opposed).
Motion by Facey to recommend to City Council approval of the proposed Home-Based
Business Limitations (Exhibit 5) amendment to the UDC; item H, Option 3, stating the
following: On-street parking utilized by the business shall only be allowed along the
property line of the home-based business residence and as allowed by current City code.
Off-street parking is limited to existing paved areas and the business shall not result in the
increase of on-site parking areas. Second by Cochran. Approved. (5-1; Austin opposed).
Motion by Facey to recommend to City Council approval of the proposed Home-Based
Business Limitations (Exhibit 5) amendment to the UDC; item i, Option 2, stating the
following: The home-based business shall involve no on-site services. However, if the
activity is kept at a small scale (meaning generally one or two people conducting the
business or meeting with clients) and the business remains compliant with the limitations of
this Chapter, the following shall not be considered services: (1) individual academic, music,
dance, photography, art, hobby or similar instruction or studio, (2) seamstress or tailor, (3)
barber or beauty salon (one (1) chair),(4) financial/investment counseling, accounting,
bookkeeping, real estate office, or similar office, (5) individual massage, natural therapy or
similar services, (6) counseling in an office setting, and (7) other similar low impact uses as
determined by the Director. Second by Cochran. Approved. (5-1; Austin opposed).
Padfield stated that City Council will review and discuss all of the options that were voted
on.
Padfield opened the public hearing on Miscellaneous Amendments section of Exhibit 6 at
9:01. No one came forward to speak.
Padfield closed the public hearing at 9:02.
Board and staff discuss the Miscellaneous Amendments section of Exhibit 6.
Motion by Facey to (1) recommend the City Council approval to the proposed amendments
to the UDC related to Miscellaneous Amendments presented in Exhibit 6, (2) add Zoning
maps to section 4.02.020 and (3) add the words “of the official zoning map” to the end of the
paragraph in section 4.02.020. Second by Austin. Approved. (6-0).
______________________________ _______________________________
Approved, Don Padfield, Chair Attested, Annette Montgomery, Secretary
Attachment number 3
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Item # A
City of Georgetown, Texas
January 11, 2011
SUBJECT:
Discussion to approve a list of "pre-qualified” professional services providers which submitted Statements of
Qualifications and Proposed Selection Process -- Thomas R. Benz, P. E., Systems Engineering Director
and Jim Briggs, Assistant City Manager
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Thomas R. Benz
ATTACHMENTS:
Overall Scoring Summary
Request for Proposal Part 1
Request for Proposal Part 2 Exhibit B
Cover Memo
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Item # B
City of Georgetown, Texas
January 11, 2011
SUBJECT:
Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has
a duty to advise the City Council, including this week's agenda items
-Shell Road Public Improvement District -- Micki Rundell, Chief Financial Officer
-Williams Drive Widening Project -- Micki Rundell, Chief Financial Officer
-Texas Disposal Systems -- Jim Briggs, Assistant City Manager
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
RES
Cover Memo
Item # C
City of Georgetown, Texas
January 11, 2011
SUBJECT:
Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has
received from a business prospect that the City Council seeks to have locate, stay or expand in or near the
territory of the City and with which the City Council is conducting economic development negotiations; or to
deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have
locate, stay or expand in or near the territory of the City and with which the City Council is conducting
economic development negotiations.
-To discuss incentives as it pertains to 100 South Austin Avenue -- Paul Brandenburg, City Manager, Jim
Briggs, Assistant City Manager, and Mark Sokolow, City Attorney
-To discuss incentives as it pertains to 500 South Austin Avenue -- Paul Brandenburg, City Manager, Jim
Briggs, Assistant City Manager, and Mark Sokolow, City Attorney
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
RES
Cover Memo
Item # D