Georgetown Planning and Development Department Staff Report

Report Date: File #: Project Planner: Item Details Project Name: Project Address: Location: Total Acreage: Legal Description: Applicant: Property Owner: Contact: Existing Use: Existing Zoning: Hat Creek Burger Company Special Use Permit 405 S. Austin Avenue East 400 Block of S. Austin Avenue 0.74 acres City of Georgetown, Block 24 (replat) Hat Creek Burger Company Jay Hailey, Manager, 405 Austin Avenue LLC John Kiltz, Stonelake Capital Partners Vacant MU-DT, Mixed-Use Downtown March 29, 2012 SUP-2012-005 Robbie Wyler, Historic District Planner

Overview of Applicants Request 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. Per Table 5.04.010 of the UDC, a Restaurant with Drive-Through is permitted in the MixedUse Downtown (MU-DT) zoning district subject to approval of a Special Use Permit. Per Table 9.04.010, Minimum Off-Street Stacking Spaces, the eating establishment must provide at least six (6) queuing spaces from the entrance to the order box and four (4) from the order box to the pick-up window. Shown on the conceptual site layout, the applicant has met that number by providing the required ten (10) queuing spaces in the drive-through area of the 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, 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. Hours of operation for the current restaurants in Austin are Mondays through Saturdays, 11 a.m. to 9/9:30 p.m. and Sundays 11 a.m. to 3 p.m. In the conceptual site plan, they have
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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 the townhome neighbors to the east. This conceptual site layout was recently taken to the Historic and Architectural Review Commission (HARC) for conceptual review and feedback prior to being formally submitted for Certificate of Design Compliance approval on the site layout and building elevations. Although no action was taken at that meeting, the Commissioners provided feedback and particularly wanted the applicant to ensure the site design respected not only the view from the streets but also that the townhome neighbors were affected as little as possible by this development, especially from traffic generated by the drive-through. Location & Site Layout The subject property is located on the east side of S. Austin Avenue between 4th and 5th Streets. Sharing the block are the Main Street Townhomes directly to the east. As part of the overall development plan for Block 24, the townhomes have access to their rear-entry garages via a shared two-way private alley that can be accessed from both 4th and 5th Streets. From the beginning of the block redevelopment plan, the alley was to be shared between Phases 1 and 2. According to a development agreement dated August 2004, the entire block was to be a mixed development project with the townhomes (Phase 1) on the east side of the alley and a multi-story commercial building and parking lot (Phase 2) on the west side. Although the Phase 2 portion of the development agreement eventually expired due to lack of construction, the shared alley due to development of the townhomes was constructed. Phase 1 went to HARC for design review and was subsequently built. The alley is an element of a private access easement put in place by the development agreement to ensure the townhomes will always have access to their garages via the shared alley, but the alley is, in fact, located entirely on the 405 S. Austin Avenue property (Phase 2) and is to service both residential and non-residential development on the block. The applicant will construct an eating establishment with both indoor and outdoor seating at the site. A mix of uses including parking, government offices, commercial, and residential can be found adjacent to this property. Mentioned above, the only other uses currently found on the block are the residences to the east. See Exhibit 3 for the zoning districts in this vicinity, and Exhibit 4 for the aerial view.

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The surrounding zoning and existing uses include: Location North South East West Zoning MU-DT, Mixed-Use Downtown MU-DT, Mixed-Use Downtown MU-DT, Mixed-Use Downtown MU-DT, Mixed-Use Downtown Existing Use Williamson County Health District Tamiro Plaza Main Street Townhomes Public Parking

Utilities Water, wastewater, and electric are currently served by the City of Georgetown. Future Application(s) Upon approval of a Special Use Permit to allow a drive-through at the eating establishment, the applicant will be required to receive Certificate of Design Compliance approval from HARC for site and elevation approval to ensure consistency with the Downtown Design Guidelines. An administratively approved site plan will also be required prior to construction to ensure compliance with all current site, building, and utility codes as well as compliance with HARCs approval. To ensure compliance with Planning, Fire, and Building/Permitting Services, Hat Creek will also be required to obtain a Certificate of Occupancy prior to opening for business. Once again, any future changes to the site, including new signage and construction, will require approval from HARC. Staff Analysis As noted above in the Location & Site Layout portion of this report, there have always been plans for a Phase 2 development and the alley was constructed to serve both the Main Street townhomes and any future development. Even though this is the only feasible means of access to any development on this site, the applicant has stated and shown on the conceptual site layout that they do not anticipate using much of the alley and will even place a landscaped wall between the back side of the site and the alley/townhomes. They also stated the drive-through accounts for around 1/3 of their total restaurant transactions

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so not having such a use could drastically affect the business plan and development of the restaurant. Also, the Downtown Design Guidelines state that a business should be placed near the front, street-facing side of a lot and that parking should be placed at the rear. Typically, an alleys purpose is to allow a structure to be placed closer to the street while providing loading and unloading space, as well as parking, at or near the rear of the lot, away from the streets. Alleys are also typically shared between multiple businesses and residences and serve as a shared route for through traffic. This can be seen throughout much of Downtown Georgetown. Shown on the provided conceptual site layout, the only two entrances to the site will be at the far north end of the alley and another at the far south end of the site. Due to topography of the site and driveway separation regulations, these locations are the only feasible access points for Phase 2 development. The applicant continues to work with staff to determine the most appropriate design for the access driveway. One consideration closely looked at by staff with this type of particular use was the affect it has on surrounding properties, primarily the Main Street townhomes. Although there is always a small risk that customer traffic could result in an overflow of cars onto either the alley or 5th Street, a majority of the alley should not be affected considering traffic will enter off 5th Street and exit onto 4th Street. Hours of operation are also a consideration. Whether a restaurant or office building, any development would bring additional traffic and noise throughout different times of the day considering the site is currently vacant. The purpose of the alley is to serve both phases of the overall block redevelopment and the applicant has designed the parking and drive-through to respect the townhomes as much as possible while still feasibly serving the restaurant needs and remaining compliant with both the Downtown Master Plan and Downtown Design Guidelines. The Future Land Use designation of Specialty Mixed-Use calls for a mix of both residential and non-residential within one area that supports both daytime and nighttime activity. 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.

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Staff Recommendation and Basis: Staff supports the request and recommends approval based on the request meeting the applicable criteria (below) listed in Section 3.07.030(C.) of the UDC: C. In addition to the criteria for zoning changes in Section 3.06.020, the City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may consider the following criteria in its review: 1. The proposed use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. 2. The proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surrounding area. 3. The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately provide services. 4. The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact.

Inter Departmental, Governmental and Agency Comments None Public Comments A total of 15 notices were sent out to the owners of property within 200 feet of the subject property. Public notice was posted in the Sun newspaper on March 20, 2012. As of the day of this report, Staff has received several public comments. Those comments have been attached to this report as Exhibit 6.

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Attachments Exhibit 1 Location Map Exhibit 2 Future Land Use Map Exhibit 3 Zoning Map Exhibit 4 Aerial Map Exhibit 5 Applicants Letter of Request and Supporting Documents Exhibit 6 Public Comments Meetings Schedule April 3, 2012 Planning and Zoning Commission April 24, 2012 City Council

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