Minutes of the  Planning and Zoning Commission City of Georgetown, Texas Tuesday, October 15, 2024  The Georgetown Planning and Zoning Commission met on Tuesday, October 15, 2024 at 6:00 PM at The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least three (3) days prior tot the scheduled meeting date, at (512)930-3652 or City Hall at 808 Martin Luther King, Jr Street for additional information; TTY users route through Relay  Council and Court Building, 5101 W. 9th Street.  Texas at 711.  The following Members were in attendance:  Present were: Travis Perthuis, Scott A. Allen, Rueben Leslie L Rodriguez, Michael L Price, Pierce PMacguire, Michael D Charles, Jen Bradac, David "Alan" McDonald, Joseph D. Digiacomo  Public Wishing to Address an Advisory Board  Ona a subject that is posted on this agenda: Please fill out a speaker registra on form which can be found on the table at the entrance toi the mee ng room. Clearly print your name and the le er of thei item on which you wish to speak and present it to the Board Liaison prior to the start of the mee ng. You will be called forward to speak when the Board considers thati item. Only persons who have deliveredi the speaker form prior to the mee ng! being called to order may speak. Speakers will be allowed up to three minutes to speak. If you wish to speak for six minutes, iti is permissible to use another requestor'sgranted met to speak. Nor more than six minutes fora a speaker may be granted. The requestor gran ng me to another speaker must also submit ai form and be present at the Onas subject not posted on the agenda: Ar request must be received by the Advisory Board or Commission Liaison prior to the day the agenda for this mee ng is posted. Each speaker will be given three minutes to address the  meeting.  Board or Commission members. No action can be taken at this meeting.  Call to Order Pledge of Allegiance Comments from the Chair Announcements    Action from Executive Session 1. Statutory Consent Agenda  The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon with one single vote. Ani item may be pulled from the Consent Agenda in order that it be discussed and 1.A Nomination and Selection of Vice Chair and Secretary for the 2024-  acted upon individually as part of the Regular Session.  2025 Session  Nomination and Selection of Vice Chair and Secretary for the 2024-2025 Session - Erica Moved by Michael L Price; seconded by Michael D Charles to Approve the nomination Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L  Metress, Planning Specialist  of Scott Allen as Vice Chair for the 2024-2025 session. Price, Pierce P Macguire, Michael D Charles, Jen Bradac  Motion Approved: 7-0 Voting Against: None  Moved by Michael L Price; seconded by Scott A. Allen to Approve the nomination of Voting For: Travis Perthuis, Scott A. Allen, Rueben Leslie LI Rodriguez, Michael L  Michael Charles as Secretary for the 2024-2025 session. Price, Pierce P Macguire, Michael D Charles, Jen Bradac  Motion Approved: 7-0 Voting Against: None 1.B Meeting Minutes  Consideration and possible action to approve the minutes from the September 3, 2024, regular meeting of the Planning & Zoning Commission = Erica Metress, Planning Moved by Scott A. Allen; seconded by Pierce P Macguire to Approve the minutes from the September 03, 2024, regular meeting of the Planning & Zoning Commission. Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L  Specialist  Motion Approved: 7-0 Voting Against: None  Price, Pierce P Macguire, Michael D Charles, Jen Bradac  2. Regular Session    2.A Transportation Impact Fee Semi-Annual Report (Q42024)  Presentation and discussion of semi-annual performance of the transportation impact fee Lua Saluone, Transportation Manager, presented the transportation impact fee semi- Commissioner Allen asked what differentiates the zones that have had the impact fees versus those that haven't. Saluone explained only zones that are within the city limits are assessed and that developments annexed into are assessed according to the zone from Chair Perthuis shared his support of staff's comments on cost increases and review of  annual report.  the future land use plan.  the rates.  2.B 2024-10-WAV Creative Custom Cabinets Driveway  Public Hearing and possible action on a Subdivision Variance from non-residential driveway spacing pursuant to Section 12.08.020 of the Unified Development Code, for the property generally located at 2255 CR 105, Hutto, Texas 78634, bearing the legal description of a 19.14-acre tract, located in the J. McQueen Survey, Abstract No. 426, Tract 41, in' Williamson County 2024-10-WAV) = Caleb Fuhrer, Asst. Systems  Engineering Director  Caleb Fuhrer presented the staff report.  With no questions for staff or the applicant, Chair Perthuis opened the public hearing. Jessica Dean, 1985 CR 105, approached the podium to address the commission and shared her opposition of the request. Dean explained that having the industrial type of driveway will disrupt wildlife and quality of roads. Dean shared that the speed in which traffic travels is higher than what is posted which makes the roads dangerous. Dean shared that the property is deemed as residentalagricuture and believed that there should not be commercial entities in the area. Dean concluded with a statement that the Chase Bratton, 1965 CR 105, approached the podium to address the commission and explained that there is currently a dangerous amount of traffic on the road due to the lack of space for large trucks. Bratton highlighted that the light and noise pollution makes driving dangerous because of the intensity. Bratton shared her concern with flooding due to the impervious coverage that would be allowed on the property. Bratton further explained that the request would add a strain on Georgetown's resources due to the area being part of the emergency special district and added that the amount of fire prevention for the facility would be large. Bratton concluded with a highlight that the future land use plan determined that the area would be rural residential. Mervin Ripley Jr., 2500 County Road 100, approached the podium to address the commission and shared that many vehicles have gone through his fence. Ripley explained that many vehicles surpass the 60 miles per hour speed limit on County Road  request will be a danger to the residents.    105. Ripley shared that the heavy traffic that includes 18 wheelers have increased in the last 10 years. Ripley commented that light, sound, dust, and general traffic pollution have increased and added that the roads are not wide enough for the traffic. Brandon Bratton, 1965 County Road 105, approached the podium to address the commission and shared the difficulties that he has in driving on the road due to the size of the. road. Bratton added that the roads cannot handle the increased traffic. Bratton believed that the area was not meant for the warehouse district use. Chair Perthuis asked staff if a variance would be required for a right in and right out Fuhrer explained that if the applicant were to place the right in and right out driveway at ac certain point, they would be able to do sO without a variance. Fuhrer added that a right in and right out driveway may cause more trips on adjacent roads and cause a bigger impact to the community roads. Fuhrer provided that opting out oft the ETJ was also an  driveway.  option for the applicant.  Chair Perthuis closed the public hearing.  Alternate Commissioner Rodriguez asked ifi it was appropriate to ask the developer to address possible mitigation efforts in regards to light and sound pollution. Travis Baird, Assistant Planning Director - Current Planning, approached the podium to address the commission and explained that in the city cannot regulate land use in the ETJ. Baird added that the city can regulate driveway width and certain impacts to public infrastructure. Baird concluded that with a subdivision variance, the city cannot ask the developer to mitigate aspects of their use not related to the driveway and traffic impact to With no further discussion from the dais, Chair Perthuis opened the floor to a motion. Moved by Michael L Price; seconded by Travis Perthuis to Approve that the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code, that the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes oft this Code, that application of a provision of this Code will render subdivision of the land impossible, and where literal enforcement of these regulations would result in an Chair Perthuis shared that there are two avenues in which the property owner can complete the task if the request was denied in which one way involves leaving the ETJ. Chair Perthuis explained that the approval of this request would be the best of the  the roadway.  unnecessary hardship.  options.    Commissioner Price explained that his reason for approval was due to compliance with Commissioner Charles agreed with Commissioner Price and acknowledged the options With no further discussion from the dais, the commission proceeded to vote on the motion. Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L Price,  the SUP criteria and further explained that no one can control traffic.  that Chair Perthuis highlighted.  Motion Approved: 7-0 Voting Against: None  Pierce P Macguire, Michael D Charles, Jen Bradac 2.C 2024-12-WAV Pinnacle Retail Georgetown  Public Hearing and possible action on a Subdivision Variance to vary from the right-of- way dedication requirements pursuant to Section 12.02.020.B&C and' Table 12.02.030 of the Unified Development Code, for the property generally located at 2601 W. University Avenue, Georgetown, Texas 78628, bearing the legal description of a 7.012- acre tract, located in the Isaac Donagan Survey, Abstract No. 178, in Williamson County 2024-12-WAV) - Caleb Fuhrer, Asst. Systems Engineering Director  Caleb Fuhrer presented the staff report.  Chair Perthuis asked if the property to the west was included in the subject property and asked ifit had a variance. Fuhrer explained that part of the subject property did include the property to the west because of platting. Fuhrer explained that the property was Commissioner Allen asked if the variance would still be required if the building and middle parking lot were to switch locations. Fuhrer acknowledged that he would need to Alternate Commissioner Bradac asked if proposed placement of the middle parking lot and building would meet the setback requirements for the residential property to the Travis Baird, Assistant Planning Director - Current Planning, approached the podium to address the commission and shared that staff would look into the question. Chair Perthuis asked why the city is imposing the setback when the Texas Department of Transportation does not require it. Fuhrer shared that the Future Mobility Plan does not take effect until each project begins platting and that properties along the State Highway 29 have been platted in the past. Fuhrer acknowledged that if the right of way was dedicated, it would eventually be conveyed to Williams County or TXTDot.  platted before the update of the future mobility plan.  confirm the question with the applicant.  south of the subject property.    Baird referred toi the earlier question and explained that the rear setback would be 25 Chair Perthuis opened and closed the public hearing with no speakers coming forth. Moved by Scott A Allen; seconded by Michael L Price to Approve such that the following criteria were compliant: that the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code, that the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code, and where literal enforcement of these regulations would result in an unnecessary hardship, and such that the following criteria partially complies: that the conditions that create the need for the variance do not generally apply to other property in the vicinity and that application ofa Commissioner Allen believed the request was reasonable to grant due to information that Williamson County and TXTDot pursuing the northern section of the road and shared that the grant should not create disparity between the properties.  feet.  Chair Perthuis opened the floor to a motion.  provision of this Code will render subdivision oft the land impossible.  With no further discussion from the dais, the commission proceeded to vote on the motion. Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L  Motion Approved: 7-0 Voting Against: None  Price, Pierce P Macguire, Michael D Charles, Jen Bradac  2.D 2024-7-SUP Westinghouse Business Park  Public Hearing and possible action on a request for a Special Use Permit for the specific use of Warehouse and Distribution, Limited', in the Business Park (BP) zoning district for the property located at 1301-1305 Blue Ridge Drive, Georgetown, Texas, bearing the legal description of Lot 1, Block C out of the Windmill Hill Phase 5 Subdivision (2024-7-  SUP) - Colin Davidson, Planner Colin Davidson presented the staff report.  Alternate Commissioner Bradac asked if staff analyzed the noise distance from residential properties and the placement of the operating trucks. Davidson explained that the current uses already have 18 wheelers loading at the property sO the request Commissioner Allen inquired about the difference between the current context and the request. Davidson explained that the uses in the development will be able to distribute products out of the development and shared that the function of the site would not  will not significantly alter the aspect of the site.  change.    Commissioner Allen asked if conditions could be included and if the conditions could include buffer areas along the residential side or require identified warehouses to be move away from the residential area, or a restriction of the hours of operation. Travis Baird, Assistant Planning Director = Current Planning, approached the podium to address the commission and highlighted that the request is for specified units. Baird explained that the condition to move the identified warehouses would require to move them into a different suite. Baird also highlighted that the condition to increase the buffer Commissioner Charles inquired about the volume of noise that would be added to the site. Davidson shared that if the use were to be denied, then another use could occupy the Commissioner Price inquired about the materials used in between the buildings and explained that solid surface materials do allow for more noise. Commissioner Price shared that he was leaning towards a time restriction if the request were to move Shannon Mattingly, applicant, approached the podium to address the commission and Alternate Commissioner Rodriguez asked if the time constriction would be detrimental to Otto Swingler, owner, approached the podium to address the commission and stated that  would alter the existing site.  space and allow for a similar amount of noise.  forward.  provided a presentation. the owner's marketing.  he would be happy to commit to the time constriction. Chair Perthuis opened the public hearing.  John Oliver, 5016 Yucca Flower Lane, approached the podium to address the commission and shared that his home is close to one of the warehouses. Oliver acknowledged that he was aware of the empty lot and discussed zoning with the planning department prior to the purchase of his home. Oliver shared that there was a provision within the zoning, at the time, that allowed a business to maintain parts and supplies. Oliver highlighted that the noise is constant with large tractor trailers operating during the timeframe of 5 AM to 11 PM and explained that the noise is coming from loading oft those trucks. Oliver believed it was a mistake to build the warehouses next to residential areas and believed that the Scott Engebrit, 105 Blue Agave Lane, approached the podium to address the commission and contested to the amount of noise with half the occupancy. Engebrit highlighted that the noise will increase with the increase in tenancy. Engebrit shared that the structures include lights that shine into the neighbor's property. Engebrit  owner found al loophole in the current zoning.    believed that the light and noise are not in compliance with the code. Engebrit  concluded with a statement of opposition.  Brad Allen, 104 Blue Agave Lane, approached the podium to address the commission and explained that his home backs upi to the bakery that occupies a suite in the building. Allen confirmed that the business operates from 5. AM - 10 PM and shared that there is no effort made to quell the noise. Allen explained that there may be 10 feet of buffer zone instead of what was presented by the applicant. Allen shared the affects that the light has on his property and emphasized the noise effects of the dumpster. Allen highlighted that semi-trucks would need drive through a residential area just to reach Greg Hight, 112 Blue. Agave Lane, approached the podium to address the commission and shared that he moved into his home in 2016. Hight explained that it was his understanding that the business park would include doctors' offices and things of that nature, but shared that instead, a multistory structure was built. Hight highlighted the noise and early hours of operation, wire fences along the property, and trucks that back up to the fence. Hight concluded with a question of who changed the description of the Katherine Smith, 112 Blue Agave Lane, approached the podium to address the commission and explained that across the street is a warehouse with distribution capability. Smith highlighted the development on North Mays Street that is considered business park and explained that it does not have large warehouse structures. Smith highlighted the light pollution from the buildings and pollution from trucks. Smith explained that the request will disrupt wildlife in the area and highlighted a park next to the facility. Ana Alvarez, 5024 Yueca Flower Cove, approached the podium to address the commission and highlighted the light and noise pollution at early hours. Alvarez highlighted that the neighborhood includes elderly and children that are affected by the noise. Alvarez explained that there is a wire fence separating her home from the structures and suggested to limit the hours of operation. Alvarez highlighted that the noise would increase  Westinghouse Road.  project that was provided to the residents and why.  with the increase in tenants.  Chair Perthuis closed the public hearing and opened the floor for a motion. Moved by Michael L Price; seconded by Scott A. Allen to Approve with a 7 AM to 6 PM Chair Perthuis explained that he would be more inclined to support the request if it was per unit and shared that he did not believe that the developer did not understand the  time restriction for the highlighted suites.  difference in the allowed uses.  Allen inquired about actions that can be taken by the neighbors to help with light and noise concerns. Davidson explained that the Unified Development Code includes a restriction in    which light cannot exceed two-foot candles past the property line. Davidson explained that ift the neighbors believe that the light exceeds the restriction then they can contact the code compliance department. Davidson shared that lights are meant to be shielded and that a noise ordinance restricts certain decibel levels. Alternate Commissioner Bradac believed that increased vehicles would add to the decibel levels and questioned if the resident would have toi initiate a complaint. Davidson confirmed that there would need to be a violation of the noise ordinance in order for the code compliance department to solve With no further discussion from the dais, the commission proceeded to vote on the motion.  the issue.  Motion Failed: 1-6 Voting For: Michael LI Price  Voting Against: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Pierce Due to the failed motion and a lack of an additional motion, the item proceeded to the  PM Macguire, Michael D Charles, Jen Bradac  city council as a denial.    2.E 2024-12-SUP Lets Glow GTX  Public Hearing and possible action on a request for a Special Use Permit (SUP) for the specific use of Personal Services, Restricted' in the Local Commercial (C-1) zoning district on the property located at 508 Riverbend Drive, Georgetown, Texas, bearing the legal description of Part of Lot 1, Block 10 out of the Quail Meadow Unit III Subdivision  2024-12-SUP) - Colin Davidson, Planner Colin Davidson presented the staff report.  Raschel Krogh, owner, approached the podium to address the commission and shared that in the state of Texas, anything pierced below a lobe is considered a body piercing. Krogh explained that she is trying to expand to provide cartilage piercing. Commissioner Allen asked Krogh if she would be expanding the hours of operation. Krogh explained that the hours of operation are from 9 AM to 8 PM and will remain. Chair Perthuis opened and closed the public hearing with no speakers coming forth. With no further discussion, Chair Perthuis opened the floor to a motion. Moved by Scott A. Allen; seconded by Michael D Charles to Approve the special use Voting For: Travis Perthuis, Scott A Allen, Rueben Leslie L Rodriguez, Michael L  permit for personal services restricted in C1 zoning district. Price, Pierce P Macguire, Michael D Charles, Jen Bradac  Motion Approved: 7-0 Voting Against: None 2.F Discussion Items  Updates, Commissioner questions, and announcements - Travis Baird, Assistant  Planning Director- - Current Planning  Travis Baird announced the upcoming P&Z/City Council joint session for November 12,  2024.  Adjournment  These minutes were approved at the meeting of Novwber 5,J0s4  Mps Attest  -  d