Planning and Zoning Commission Meeting

CITY OF DRIPPING SPRINGS PLANNING AND ZONING COMMISSION Regular Meeting Minutes January 22,2013 7:00 p.m. 511 Mercer Street, Dripping Springs,Texas Thisfacility is wheelchair accessible. Accessible parking spaces are available. Requestsfor auxiliary aids and services must be made 48 hours prior to this meeting by calling(512)858-4725. I. CALL TO ORDER AND ROLL CALL Commission Members Larry McClung - Chair TedLehr Mim James Josef Martin Danny Hubbard- Vice Chair Whit Smith Erik Burgeson City Staff/Appointed Officials City Administrator Michelle Fischer Planning Director Jon Thompson City Secretary Jo Aim Touchstone City Attorney Alan Bojorquez City Engineer Rick Coneway Commissioner McClung calls the meeting to order at 7:05 p.m. All present except Commissioner Martin, Commissioner Hubbard, Rick Coneway and Alan Bojorquez. Also present attorney Jill Hoffman with the Bojorquez Law Firm. II. PLEDGE OF ALLEGIANCE - Commissioner Burgeson leads the pledge. III. PRESENTATIONS BY CITIZENS Floor open to discussion on any subject. No action may be taken by law. Citizens wishing to speak shall do so after being recognized by the Chairman. The Chairman and Commission may establish a time limit as necessary. No one speaks. IV. MINUTES A. Approval of Regular Meeting Minutes, November 27, 2012 B. Approval of Regular Meeting Minutes, December 18,2013 Commissioner Smith motions to approve. Commissioner Lehr seconds. Commissiner James points out correction to December 18"^ minutes on item V. B. line 4 to change from "B 4"to "A 4". Motion passes, 5-0. V. SITE DEVELOPMENTS/SUBDIVISIONS/ZONING/ON SITE SEWAGE FACILITIES/SIGNSAARIANCESAVAIVERS/ALTERNATE STANDARDS/DEVELOPMENT AGREEMENTS Consideration and Possible Action on: Commissioner McClung motions to move item H. Commissioner Smith seconds. Motion passes, 5-0. A. Ordinance No. 1220.78 — An Ordinance ofthe City of Dripping Springs Changing the Zoning Classification from Two-Family Residential(SF-4)to Single Family Attached Residential -Town Homes(SF-5)for the Following Property; 200 South Bluff(Lots 1-9, Block 4, WT Chapman Addition # 3), Joan Croswell, Applicant 1. Presentation - Jim Polkinghom, owner of land, states intent to build five senior citizen houses on the lot. Anton Allen, present, is representing Ms. Croswell. 2. Planning Director's Report-Planning Director Jon Thompson,report on file. Two neighbors have submitted public comment. Staffrecommends approval. 3. Public Hearing - No one speaks. 4. Ordinance No. 1220.78 - Commissioner Hubbard motions to approve staff recommendations. Commissioner Lehr seconds. Commissioner Burgeson states he drove the area and Haydon Lane is more a driveway than a road and would recommend access internally on the lot from Hays Street to keep cars off Haydon Lane. Motion passes, 6-0. B. Ordinance No. 1220.79-An Ordinance ofthe City of Dripping Springs Changing the Zoning Classification ofthe Following Properties located in the City of Dripping Springs City Limits, Hays County, Texas: 2300-2250 E US Hwy 290(Lots 5 & 6,Peabody Plaza, Section 1); Lot 5 from General Retail (GR)to Industrial (I) and Lot 6 from Agriculture(AG)to Industrial (I), both lots are proposed to have a zoning overlay restricting certain uses allowed in Industrial Zoned Districts, SydXinos, RE. 1. Presentation - Mr. Xinos states request and is available for questions. 2. Planning Director's Report-Planning Director Jon Thompson,report on file. Staff recommends approval. 3. Public Hearing -Allen Adair, neighbor, states concern was answered by Planning Director Jon Thompson, as to how the zoning overlay is restricted. 4. Ordinance No. 1220.79- Commissioner James motions to approve staff recommendations. Commissioner Hubbard seconds. Motion passes, 6-0. Chad Auler, president ofDeep Eddy Vodka, explains distillery process. C. Final Plat & Construction Plans - Bush Ranch,Phase 2, Section 2,located on 2.428 acres on a proposed new road between Four Star Blvd and Ledge Stone Drive, Felix Manka, PR., CMA Engineering 1. Presentation- Felix Manka states request and is available for questions. 2. Planning Director's Report-Planning Director Jon Thompson,report on file. Staff recommends approval. 3. Public Hearing-No one speaks. 4. Final Plat and Construction Plans- Commissioner Hubbard motions to approve. Commissioner Burgeson seconds. Motion passes, 6-0. Commissioner McClung motions to move item I. Commissioner Hubbard seconds. Motion passes, 6-0. D. Final Plat & Construction Plans- High Pointe Section 5,Phase 3, located off Cool Spring Way,Douglas Rummel, Jr., RE., Carlson, Brigance & Doering, Inc. 1. Presentation - Brett Pasquarela, P.E. states request and is available for questions. 2. Planning Director's Report-Planning Director Jon Thompson,report on file. Staff recommends approval. 3. Public Hearing-No one speaks. 4. Final Plat and Construction Plans- Commissioner Lehr motions to approve staff recommendations. Commissioner Burgeson seconds. Commissioner McClung inquires as to why Stonegate and Cool Springs don't connect. Motion passes, 6-0. E. Amendment to the Arrowhead Ranch Development Agreement between the City of Dripping Springs and Forestar(USA)Real Estate Group, 361.83  acres ofland out ofthe B.F. Hanna Survey No. 28, Abstract No. 222, Hays County, Texas, which is located off of U.S. Hwy 290 near Tiger Lane and the Dripping Springs Middle School, Barrett Allison, P.E 1. Presentation - Rex Baker, reviews tract and presents plan and is available for questions. 2. Planning Director's Report- City Administrator Michelle Fischer reviews proposed changes. 3. Public Hearing - Ben Sorrell, 20 plus year resident, states there is a demographic here for this type of housing and is supportive ofthis development. 4. Development Agreement Amendment- Commissioner Hubbard motions to approve with correction to section 4.3.6 to "90 days". Commissioner Burgeson seconds. Motion passes, 6-0. F. Ordinance No. 1220.80- An Ordinance of the City of Dripping Springs, Amending the Zoning Classifications of Certain Real Property in the City Limits of A Portion ofthe Property Known as Arrowhead Ranch, and Represented in Exhibit a Upon Request ofthe Property Owners; Designating Certain Portion ofthe Property as Single-Family Residential- Garden Home(SF-5), Amending the Official Zoning Map to Reflect Changes ofthe Zoning Classification of Certain Properties, Providing for Severability, and Providing an Effective Date, Barrett Allison, P.E 1.Presentation - See item E. 2.Plaiming Director's Report -Plarming Director Jon Thompson,report on file. 3.Public Hearing -No one speaks. 4.Ordinance No. 1220.80- Commissioner McClung motions to approve. Commissioner Burgeson seconds. Commissioner Smith inquires what the estimated square footage of each home is proposed. Darlene Louk with Forestar states they are anywhere from 2000 to 2500. Ms. Louk states this development is not restricted to seniors. Motion passes, 6-0. 0. Ordinance No. 1220.81 - An Ordinance of The City of Dripping Springs, Altering the Zoning Classifications of Certain Real Property in the City Limits by Creating and Applying a Conditional Overlay Upon Certain Portions ofthe Development Known as Arrowhead Ranch, Particularly the Property Referenced in Exhibit A Upon Request ofthe Property Owners; Verifying a Base Zoning District of Single-Family Residential-Garden Home (Sf-5), Creating Conditional Overlay to Expressly Incorporate by Reference the Terms and Conditions of a Certain Amended Development Agreement; Amending the Official Zoning Map to Reflect Changes ofthe Zoning Classification of Certain Properties, Providing for Severability, and Providing an Effective Date 1. Presentation - See item E. 2. Planning Director's Report-Planning Director Jon Thompson, report on file. 3. Public Hearing - No one speaks. 4. Ordinance No. 1220.81- Commissioner Hubbard motions to approve. Commissioner McClung seconds. Motion passes, 6-0. H. Subdivision Concept Plan - Linwood Tract, located on the east side of Ranch Road 12, approximately 2,149 feet south of Dripping Springs Elementary School, A0415 Philip A. Smith Survey, +/-103 acres, John Doucet, P.E., Doucet & Associates Commissioner James chairs meeting. Commissioners McClung and Burgeson recuse themselves. Commissioner Hubbard enters meeting at 7:18 p.m. 1. Presentation - John Doucet, P.E., introduces developers and home builder, and planner. Mr. Doucet presents concept plan and is available for questions. 2. Planning Director's Report-Plarming Director Jon Thompson,report on file. Staff recommends denial as the plan is drawn.  ( I 3. Public Hearing- Erik Burgeson, resident of Legacy Trails. Mr. Burgeson states this would be a precedent setting development. Mr. Burgeson speaks to the landscape and view ofthe entry into Dripping Springs. Mr. Burgeson states this will require an increase in schools, sewer, fire service and traffic. Mr. Burgeson states he is adamantly opposed to the development. Mr. Burgeson reads letter on behalf of Dick and Barb Barham, residents of Legacy Trails. Letter on file,(stating opposition). Larry McClung, resident of Legacy Trails, 311 Goodnight Trail. Mr. McClung states residents of Legacy Trails bought knowing the neighboring tract was zoned SF 2 and states Commission can support City Ordinances and citizens by upholding good faith. Mr. McClung states concern for landscaping and grading, water quality and the gas pipeline on the property. Mr. McClung states concern for traffic and the stub out for the south and increase on Goodnight Trail. Ed Knight, resident of Legacy Trails, states opposition to the development. Mr. Knight appreciates the work put into the Comprehensive Plan, which clearly defines density closer to the core ofthe City. lU'.Kil l Stephen Michal, resident of Legacy Trails, states agreement with previous comments and asks Commission to deny approval ofthis plan. Kim Baldwin, resident of Legacy Trails, states opposition. Leticia'Strong, ticiaatroi states agreement with previous comments and asks Commission to deny the plan. Ms. Strong states concern for increase in student population. Robert Bums,residents of Legacy Trails, states opposition and agrees with previous comments. Mr. Bums states they purchased knowing the zoning and that it would be a terrible precedent to approve this plan. Kyle Hollingsai^ resident of Legacy Trails, states agreement with previous comments and opposition to the development. States concem for density and traffic. Brent Atkins, resident on Goodnight Trail, states opposition to the development and agrees with previous comments and states the density is inappropriate. driy Mike Hog^ resident of Legacy Trails, states question for developer,"Have they considered half acre lots?" Javier Herrera, resident of Legacy Trails, states agreement with previous comments. Peggy McLauren,resident of Legacy Trails, states agreement with all previous concems stated, states opposition to plan. 4. Subdivision Concept Plan - Commissioner Smith states this will not aid in affordable housing. States the neighbors bought with SF 2 zoning and to change that would not be right. Commissioner Smith states this price point already exists. Commissioner Smith likes the connectivity idea. Commissioner Smith states he would like to see something within the SF 2 zoning. Commissioner Hubbard states an SF 2 zoning would be more appropriate with perhaps an overlay and a buffer. Commissioner Lehr states he appreciates the publics' comments. Commissioner Lehr states this should be revisited.  Commissioner James states he understands concerns expressed. Commissioner James inquires of developer to answer question posed in public hearing as to whether or not lesser density was considered. John Doucet states it is not economically feasible to do a lower density development. Commissioner James inquires ofthe city attorney what an approval of a concept plan means for the city and the developer. Jill Hoffman states that is an informal green light to move forward with the preliminary plan. Ms. Hoffman states it is an information gathering for the developer so as not to extend further expense toward a preliminary plan. Commissioner James inquires of Mr. Doucet what they are looking for from the Corrunission. Mr. Doucet states they would like feedback and an opportunity to bring the plan back in two weeks if the Commission will schedule a special meeting. Commissioner Lehr motions to accept staff recommendation to deny the concept plan. Commissioner Smith seconds. Commissioner Lehr states to public that the Chair and one commission member have recused themselves. Motion passes, 4-0. Commissioner James states to Mr. Doucet the current meeting dates available. Commissioner Lehr motions to deny request for special meeting date and follow the City's published calendar. Commissioner Smith seconds. Motion passes, 4-0. 1. Sign Variance Requests - The Terrace Club and the Gallery of the Republic, located at 2600 Highway 290 East, Hunter Connor, Applicant 1. Presentation - Mr. Connor states request and is available for questions. 2. Sign Administrator's Report- City Administrator Michelle Fischer, report on file. 3. Public Hearing - No one speaks. 4. Sign Variance Request to Exceed the Maximum Height Allowed for a Multi-Unit Complex Sign (Section 26.06.062(b))-Commissioner Lehr motions to approve staff recommendations. Commissioner McClung seconds. Motion passes, 6-0. 5. Sign Variance to Erect a Sign Within the Setback from Right-of-Way (Section 26.06.004)- see line item 4. VI. BUSINESS Consideration and Possible Action On: A. Future Road Infrastructure and Interconnectivity; Review Current Road- Related Ordinance; Assess US HWY 290 West and Ranch Road 12; Outline Need for a Master Plan for Arterial Feeders on High Speed Corridors; Determine Role of Curb Cuts, Turn Lanes and Traffic Control Devices — Commissioner Burgeson speaks regarding item, memo on file. Commissioner Burgeson would like Commission to look at granting access on 290 and 12, through shallow and deep connectivity. Staff provides Commission Hays County Draft Transportation Plan. VII. EXECUTIVE SESSION The Planning & Zoning Commission for the City of Dripping Springs reserves the right to adjourn into executive session at any time during the course ofthis meeting to discuss any ofthe matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with Attomey), 551.072(Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074(Personnel Matters), 551.076 (Deliberations about Security Devices), and 551.086(Economic Development) Convened to Executive Session at 9:20 p.m. Those present: Commissioner McClung, Commissioner James, Commissioner Hubbard, Commissioner Smith, Commissioner Burgeson, Commissioner Lehr, City Administrator Michelle  Fischer, Planning Director Jon Thompson, City Secretary Jo Ann Touchstone, and Jill Hoffman. Reconvened to Regular Session at 9:45 p.m. VIII. ANNOUNCEMENTS A. Regular City Council Meeting, February 12, 2013 at 5:30 p.m. B. Regular Parks & Recreation Commission Meeting, February 11, 2013 at 6:00 p.m. C. Regular Planning & Zoning Commission Meeting, February 26,2013 at 7:00 p.m. D. Regular Historic Preservation Commission Meeting, February 4,2013 at 5:30 p.m. E. Regular Founders Day Commission Meeting, February 11, 2013 at 6:30 p.m. IX. ADJOURN Commissioner Hubbard motions to adjourn. Commissioner Burgeson seconds. Motion passes, 6-0. Meeting adjourned at 10:26 p.m.