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Amid opposition, city puts stop to Planet K work
Wednesday, March 30, 2011
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Hill Country Galleria ownership representative Adrian Overstreet told the Bee Cave city officials that the murals that Planet K paints on its facades clash with the area’s existing architectural standards.
Building inspectors issued a stop work order March 22 on construction of a Planet K store in Bee Cave when they determined store owners did not hold the necessary permits to begin the work.
Crews had started electrical work, wood flooring remodeling and demolition work to remove equipment at the site of the old Trading Post Wine Bar and Grill and, before that, Jim Bob’s Barbeque, near Texas 71 and Bee Cave Road, Bee Cave City Administrator Frank Salvato said.
“You can’t do any type of remodel — especially electrical, plumbing, heating or air conditioning or any type of framing — without permits,” Salvato said. “No permits have been applied for or received.”
Planet K is an adult novelty store with multiple locations in Austin, San Antonio and San Marcos that sells imported cigarettes, pipes, vaporizers, incense, underground books, erotica and more. The company’s owners and representatives did not respond to requests for interviews.
Salvato said inspectors made contact with a permitting company that represents Planet K and other businesses, but he has not been in communications with the store’s ownership directly since issuing the order.
The city is reviewing its zoning ordinances to determine if an adult novelty store would fall within permitted uses and requirements.
According to city ordinances, the city administrator determines whether or not a proposed use is similar to an existing use. If the business is similar to an existing use, then it would be subject to the same existing standards.
The city administrator must refer any question about new or unlisted uses to the city’s planning commission requesting a recommendation on the zoning classification.
Zelda Auslander, former Bee Cave council member, said she believes Planet K does not match any of the business types listed in the city’s zoning regulations and thus the section on classifying new and unlisted uses would apply. Because Planet K prohibits entry and sales to anyone younger than 18 at its other locations, Auslander said general use zoning standards should not apply.
“This use was not foreseen, and it is therefore a new use that requires zoning review by Planning and Zoning [Commission] and the City Council with public input,” Auslander said. “This has sufficient negative potential impact to our property values, the safety of our kids, our schools. It is the city government’s role to protect these and our ordinances and not set a precedent such as this … particularly as they relate to abiding by the law on legitimizing a business that facilitates and glamorizes the use of illegal or mind-altering substances.”
Salvato said he had received several e-mails as of Monday from businesses and residents opposed to the store’s opening and one from a Travis County resident in favor of it.
Liz Stringer, who lives in the city’s extraterritorial jurisdiction near Bee Cave Elementary School, said the shop would not be an appropriate business for the community.
“Planet K is a proponent of drug use. They do offer adult sex toys for sale. It’s just inappropriate for the type of community we live in. There’s nothing like it in our area,” Stringer said. “It’s unfortunate that they feel like they would offer anything to an area or a community like ours.”
Bee Creek Estates resident Lisa Theret moved to the area because of its family-friendly community.
“When we moved to the Austin area several years ago, we chose BeeCave/Lakeway because it was a wonderful neighborhood community in which to raise a family. According to their own webpage, Planet K promotes a lifestyle that contradicts everything we’ve tried to teach our children. And for that reason, Planet K is not welcome here,” Theret said.
Adrian Overstreet, Hill Country Galleria ownership representative, said Planet K’s exterior artwork would clash with existing architectural standards in the area.
“We don’t think it’s appropriate for the location they have chosen in Bee Cave, if for no other reason that the mural that is typical for their store and the abandoned car planters simply don’t belong in a controlled development like Bee Cave’s,” Overstreet said.
The U.S. Supreme Court denied a petition in October 2010 by Planet K’s San Marcos shop to display a junk 1988 Oldsmobile cactus planter, which brought a three-year legal with that city to an end, according to the Austin American-Statesman.
I welcome a little diversity to liven up the corporate suburban milk toast corporate tool that is Bee Cave. Plus, it’s a pain to drive 20 miles into Austin to get a pot pipe. A Planet K out here might save Willie’s life!
I hope we get the 1988 Olds planter at this one.
I recently learned that Planet K is working on locating in the center of our community at the very visible corner of 2244 & 71 in the Town Center zoning district of The City of Bee Cave. In fact, they have signed a lease and even moved forward with construction without first obtaining a construction permit from the City (they were issued a Stop Work Order). Planet K profits from selling sexually oriented gift items as well as drug paraphernalia and accessories; they are otherwise known as a Head Shop. Their merchandise specifically includes but is not limited to selling bongs and pipes, cookbooks for preparing marijuana-filled foods, hallucinagenic herbs such as salvia, etc. Due to the nature of the business, customers must be 18 years old to enter and buy at this store.
I promise you I am no ignorant bible-beating prude, especially after having lived in Amsterdam for 3 years amongst many other places, but this business has no place in the visible center of The City of Bee Cave. This is a suburban family-oriented community, and it must remain that way to protect our children, our safety, our quality of life, and our property values. The syngergistic effect of the elements this type of business attracts is worrisome or even potentially dangerous.
After having served in the City Council of Bee Cave for nearly 8 years, it is my opinion that this type of business is not covered under any of the City’s current zoning categories. This means they would be required to go through the public process of being classified with public input in front of City officials. Please contact The City of Bee Cave officials to encourage them to require this type of public input for new zoning categorization.
Whether you agree or disagree with Planet K’s merchandise and its culture, use or used their type of products, I urge you to appreciate that THIS is not the place for this type of business. One only need to drive into Austin at their other 4 or 5 locations to get what they need…NOT HERE, NOT NOW, and hopefully NOT EVER in BEE CAVE.
Zelda Auslander
Where are all the anti-government libertarian pro-business constitutionalists?
This is a classic example of conservative hypocrisy running to government for answers.
I don’t partcularly want the place, but you either believe in small government or you don’t.
I’ve never even heard of Planet K and I never would have if someone hadn’t made a big deal out of this. My opinion is that if you don’t like it ignore it, whatever happened to “sticks and stones”! There are a lot of places I don’t shop at and there are a lot that I do shop at, and I don’t really care one way or another if a place that I don’t shop at is in my neighborhood or not. I don’t care. I don’t understand why others do care, if you don’t want your kids around that, don’t take them there they can’t get in anyways. It’s an extreme time-waster to worry so much about this. I’m in high school and (honestly this is true!) although it’s against popular belief all teenagers don’t have sex or do drugs. Raise your kids right and let adults make their own choices to go or not don’t shut something down because you don’t like it that’s not freedom of choice. If people want to shop somewhere good for them, shopping alone has never hurt someone. My point is who cares, and if you do…why?
If this shop is denied the opportunity in Bee Cave, one or more of the following will occur; places that kids have access to (like convenience stores) will carry and sell the products that folks don’t want in the community, gas stations already sell tobacco rolling papers and selling tobacco pipes can be legally sold there as well. The other likely scenario is that they will open a shop in Austin, just three miles down 620, and Bee Cave (and it’s population of 626) will be putting up with the shop anyways but not see any of the revenue or have any say whatsoever.
What’s next? Banning the sale of alcohol in grocery stores so that it’s not “glamorized”? Banning condoms?
I hope that Bee Cave City officials will not bend and bow to MONEY! Free enterprise, free speach, and property rights are important, but this business does not belong on main street. Put it off in the back with their Lovely murals painted everywhere! Someone should have bought the building and made it a museum about the area.
I’m sure that the founder of the Trading Post would be appauled knowing this type of business might be going in. But, above all destroying the old store is even worse. This building has been a trade mark of Bee Cave for all my life.
The problem is that no one has any pride anymore and I would think that the citizens would want some of the country to stay country. Hopefully, Bee Cave will not bend to the money and at least make them keep the building looking the same. It should be old enough to have it dedicated as a historical building. How close is that to the Church anyway?
Most of the time people move to the country to raise their kids in a manner far better than in the city. For those yahoo’s wanting diversity of the weird– then they should move down the road to Austin! Keep the country clean. I just say that this type of business does not need to be on the main highway ruining the look of the little ol’ Dr. Pepper stop (Tradin’ Post)!
I have lived in the lake travis area when it was a 2 lane road on 620. Now its nothing like it was and it has turned into its own “town”. So what do you expect, businesses come and go, yeah its not up on beecave/lakeway standards in their kinda life style, but I don’t think its right for everyone to go against a business when they are every where else. For an example the old Rosies to go had to tear down because it was not up to beecaves standards! Really, they were here before any of you rich fokes came in, so leave it be!!! Planet K is defiantly what this area needs. You people made this place develop into a town so that’s what’s gonna happen! I agree with everyone else if you raise your kids right then you shouldn’t have to worry, you can’t shelter then for ever!
sorry, Diane, but unfortunately the town of Bee Cave already bent and bowed to $$ when they gave in to the Galleria, etc. etc.
Zelda you are brilliant!! You need to be the mayor again!! Plant Ks on every block!!