Exhibit 8 April 3, 2012 Draft P&Z Minutes

Commissioners:

Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, Sally Pell, John Horne, Roland Pea and Robert Massad

Commissioners in Training: Scott Rankin Commissioner(s) Absent: Commissioner(s) in Training Absent:

Staff Present: Valerie Kreger, Principal Planner; Jordan Maddox, Long Range Planner; Carla Benton, Planner; Mike Elabarger, Planner; Robbie Wyler, Historic District Planner; David Munk, City Engineer; Stephanie McNickle, Recording Secretary.

9. Public Hearing and possible action on a Special Use Permit for an on-site drive-through on a Mixed-Use Downtown (MU-DT) zoned property, at City of Georgetown, Block 24 (replat), to be known as Hat Creek Burgers, located at 405 S. Austin Avenue. SUP-2012005 (Robbie Wyler) Staff report by Robbie Wyler. Staff reviewed over the history of the property. The applicant has requested a Special Use Permit to allow a restaurant drive-through as part of a proposed infill project for the currently vacant west half of Block 24. The vacant lot is Phase 2 of the blocks overall development plan. Phase 1 is already built and consists of the Main Street Townhomes directly to the east. Restaurant with Drive-Through is permitted in the Mixed-Use Downtown (MU-DT) zoning district subject to approval of a Special Use Permit. Both the subject lot and the townhomes are zoned Mixed-Use Downtown, a zoning district that encourages a mix of residential and non-residential on one site within a block. Given the conceptual site layout, the intended purpose of the shared private alley, the zoning/future land use designation, the Downtown Design Guidelines, and the site topography, staff considers the proposed restaurant with drive-through appropriate for this site. The drive-through area is located at the east end of the proposed project and is screened from the Townhomes to the east by a landscaped fence. The applicant, Hat Creek Burger Company, which currently operates two other restaurants in the Austin area, states the drive-through window accounts for around 1/3 of the overall transactions and customers. In the conceptual site plan, they have screened all sides of the project with landscaping, fencing and new trees and have paid particular attention to the drive-through area, ensuring as little impact as possible on
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Exhibit 8 April 3, 2012 Draft P&Z Minutes

the townhome neighbors to the east. Staff stated to prevent a development to block the entrance to the garages of the townhomes a 25 foot access easement which includes the alley. This is a private/commercial driveway which as part of the original plan is to serve both the townhomes (Phase One) and the future development (Phase Two). This development plans to use part of the existing alley. Staff stated no matter what is developed on this property, the existing alley will be used. Staff stated the applicant has included a conceptual site plat and conditions can be added but reminded the Commissioners the Site Plan will need to be approved by the Historical and Architectural Committee. Staff stated the applicant made a presentation to the Historical and Architectural Committee; no Certificate of Design Compliance was approved. Staff addressed questions asked by Commissioners regarding the 25 foot easement. Chair Brashear invited the applicant to address the Commissioners. John Kiltz, Stonelake Capital Partners is a resident of Georgetown and wants this development to be very family oriented. He owns the alley and the projected project is a very low density building that will include park benches, playground for the kids. Mr. Kiltz stated only 1/3 of their business is drive-thru. Andrew Solin, 406 S. Main Street gave a presentation regarding the negative impact of the bright lights, noise, smell of burger and fries. Mr. Solin stated the Hat Creek restaurant located in Westlake is a good location. He also stated he is concerned with the neighborhood property values, quality of life and the ability to walk safely around their homes. PJ Stevens, 1978 S. Austin Ave, stated he was asked to be here to represent the home owners. He is concerned with the conceptual plans and safety issues. Larkin Tom, 502 S. Walnut stated concerns with traffic in the neighborhood. She does not feel this is the best place for a drive-through. Sarah Milburn, 132 River Rd stated she purchased a home in downtown and enjoys being able to walk to the square. She is concerned with a line of idling cars and a speaker requesting orders. Drive thru is not appropriate for the downtown area. David Romine, 426 S. Main Street, is concerned about the exhaust fans and stated this project is a nightmare. She asked the Commissioners to protect their neighborhood. Heather Britt, 418 S. Main stated area homeowners are against the application. She approves the mixed use, but this application is not appropriate for downtown. Hiram Pulido, 422 S. Main Street, is concerned with traffic safety. The alley is only 25 feet and is not designed for two-way traffic. It will be unsafe.

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Exhibit 8 April 3, 2012 Draft P&Z Minutes

Claire Easley, Georgetown Realtor, stated an office is more appropriate than a drivethrough in downtown Georgetown. Bob Mullins, 402 S. Main stated he is concerned with safety in the alley. Hat Creek Burger is literally taking what they thought was their own. The alley was not designed for high impact traffic. Joe Likes, 414 S. Main Street stated he is only concerned with the drive-through and the alleyway. Hat Creek would be a positive move for Georgetown, but he is a citizen of Georgetown, and is opposed to the drive-through and ask for a different driveway entrance. Mr. Likes, asked for a sound proof fence. Elizabeth Neuhalfen, 215 Mustang Island fell in love with Georgetown, where you can walk and look and shop. Feels the alley will become a parking lot and is not a place for a drive through. Chair Brashear closed the Public Hearing. Chair Brashear invited the applicant to address some of the citizens comments. Mr. Kiltz stated the zoning has not changed and their application is a conforming use. Staff suggested using the alley which he owns. Commissioners discussed with staff regarding the parking issues. Staff stated this project meets all guidelines. Motion by Montgomery to recommend to the City Council denial of the Special Use Permit for Hat Creek Burger Company to allow a restaurant drive-through at 405 S. Austin Avenue as shown on the conceptual site layout, subject to HARC approval of the final site layout. Second by Commissioner Pena. Approved. (7-0)

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