Planning and Zoning Commission Meeting

^ • CITY OF DRIPPING SPRINGS PLANNING AND ZONING COMMISSION Regular Meeting Agenda March 26,2013 7:00 p.m. 511 Mercer Street, Dripping Springs,Texas Thisfacility is wheelchair accessible. Accessible pctrldng spaces are available. Requestsfor auxiliary aids and services must be fridde 48 hours prior to this meeting Ijy calling (512)858-4725. I. CALL TO ORDER AND ROLL CALL Commission Members Larry McClung - Chair Mim James Josef Martin Vacancy Daimy Hubbard- Vice Chair Whit Smith Erik Burgeson City Staff/Appointed OfRcials City Administrator Michelle Fisdief ' ^ Planning Director Jon Thompson City Secretary Jo Ann Touchstone City Attorney Alan Bojorquez City Engineer Rick Coneway Commissioner McClung calfethe meeting,tO:Order at 7:00^.01. All present except Commissioner Smith and City A.ttomey Alan Bojorquez. II. PLEDGE:OF ALLEGIANCE — Commissioner Martin leads the pledge. IIL PfeESENTAl^tONS BYCTTIZENS Fld^,open to discussim on ciny:;siibj No action may be taken by law. Citizens wishinidp speak shall do so after being recognized by the Chairman. The Chairman and Comrhission may estdblish a time limit as necessary. Whit Smith enters meeting at 7:04 p.m. Andrew Backus,resident of Goldenwood, states LCRA pipeline work on 45 includes water lines, however. On 1826 there is no obvious soil or vegetative mat. Also states there is a sign violation on 1826 within construction area near Goldenwood, which includes sign for "tree trimming". IV. MINUTES A. Approval of Regular Meeting Minutes, February 26,2013- Commissioner Hubbard motions to approve. Commissioner James seconds. Motion passes, 6- 0. V. SITE DEVELOPMENTS/SUBDIVISIONS/ZONING/ON SITE SEWAGE FACILITIES/SIGNSWARIANCESAVAIVERS/ALTERNATE STANDARDS/DEVELOPMENT AGREEMENTS Consideration and Possible Action on: A. Final Plat — Highpointe Phase 5, Section 3, located on Cool Spring Way,adjacent to Highpointe Phase 5, Section 1,Douglas Rummel, Jr., RE., Carlson, Brigance and Doering  1. Presentation - Will Megal, with Carlson, Brigance and Doering, states request and is available for questions. 2. Planning Director's Report-Planning Director Jon Thompson,report on file. Staffrecommends approval. 3. Public Hearing — No one speaks. 4. Final Plat & Construction Plans- Commissioner Hubbard motions to approve staff recommendations. Commissioner Martin seconds. Motion passes, 6-0. B. Final Plat-Belterra, Phase 4, Section 19A(15.19 acres total, 30 residential lots, 1 greenbelt/drainage easement lot) and Section 19B (24.01 acres total, 40 residential lots, 5 greenbelt/drainage easement lots) located off of Belterra Drive as the extension of Seneca Drive(19B)and Bitterroot Lane(19A), and adjacent to Belterra Phase 2, Section 9B.,Stephen Delgado, P.E., Texas Engineering Solutions 1. Presentation- Stephen Delgado, P.E., states request and is available for questions. 2. Planning Director's Report — Planning Director Jon Thompson,report on file. Staffrecommends approval. 3. Public Hearing -No one speaks. 4. Final Plat & Construction Plans - Commissioner Burgeson motions to approve staffrecommendations. Commissioner James seconds. Motion passes, 6-0. C. Replat - The Commons,Lot lA,located at 100 Commons, GregPorter, Applicant 1. Presentation- None. 2. Planning Director's Report - Planning Director Jon Thompson,report on file. Staffrecommends approval. 3. Public Hearing -No one speaks. 4. Replat- Commissioner James motionis to apprdve)staffrecommendations. Commissioner Smith seconds. Motion passes, 6-0. D. Sign Variance Requests - Lotus Business Park,275 and 360 Lotus Circle, Art Robinson, Representativefor Jagadguru Kripalu Parishat Radha Madhav Dham 1. Presentation- Art Robinson, states request. 2. Sign Administrator's Report- City Administrator Michelle Fischer, report on file. 3. Public Hearing-Richard Sexton, resident of Goldenwood. States this is a dangerous area and would be supportive of any sign related safety improvements. 4. Sign Variance Request to Exceed the Maximum Height Allowed for a Monument Sign for a Multi-Unit Complex with 5 or more units (Section 26.06.062(b)) -; Commissioner Smith motions to deny. Commissioner Martin seconds. Commissioner Smith states visibility to the property has not been addressed. Commissioner Hubbard states support for a wider sign. Motion passes, 6-0. 5. Sign Variance Request to Exceed the Maximum Signable Area Allowed for a Monument Sign for a Multi-Unit Complex with 5 or more units (Section 26.06.062(b)) - Commissioner McClimg motions to accept sign adminstrator's recommendations and conditions. Commissioner James seconds. Motion passes, 6-0. 6. Sign Variance Request to construct a monument sign for a multi-unit complex with 5 or more units within the setback from the right-of-way (Section 26.06.004)- Commissioner Martin motions to approve sign administrator's recommendation with conditions including applicant financial responsibility to move sign for any reason. Commissioner Hubbard seconds. Motion passes, 6-0. E. 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, RE., Doucet & Associates Commissioners McClung and Burgeson recuse themselves. Commissioner Hubbard chairs meeting. 1. Presentation-Item pulled by applicant. 2. Planning Director's Report-Planning Director Jon Thompson states applicant requested item be pulled and/or tabled. Planning Director Jon Thompson,report on file. Staffrecommends no action be taken. 3. Public Hearing - Larry Marcum,states request for denial for plan as submitted. Dick Barham, states request for denial for plan as submitted. Beth Barham, states request for denial for plan as submitted. Carolyn Bums,states request for denial for plan as submitted. States developer has not listened to needs ofneighbors and this does not fit with comprehensive plan. Scott Bmns,states developer has not listened and submittals are too dense and inappropriate for zoning and comprehensive plan. Asks Commission to deny. Leticia Straun, states opposition to plan for increased,traffic, crime, and burden to schools. Ed Knight, states opposition to plan ahdisitates zoning is not appropriate. Larry McClxmg,states the zoning ih-^ at the time ofthe purchase ofhomes within the subdivision should not bei changed. States support for original zoning. Eiik Burgeson, letter on file. States request to Cohimission to deny proposal. 4. Subdivision Concept Plan- Commissioner James motions deny concept plan as presented. Commissioner Smith seconds. Commissioner Martin states he does not wahfto Seiida message that the city is anti development and would like to see a comprdihise. Commissioner James states the developencan appeal to eduncil arid there have been three public forums to address concerns. Motion passes, 4-0. F. OrdinanceTJo. 1220.8% Ordinance ofthe City of Dripping Springs Changing the Zoning Classification ofthe following property; Linwood Tract, located:on the east side ofRanch Road 12, approximately 2,149 feet south of Dripping Springs Elementary School,A0415 Philip A. Smith Survey,+/-103 acres fi-oni SF-2(Single-Family Residential - Moderate Density) with an overlay establishing minimum lot sizes and buffers to SF-5 (Single-Family Residential- Attached Residential District Garden Home)with an overlay establishing minimum lot sizes, buffers, and density, John Doucet, RE., Doucet & Associates 1. Presentation -None. 2. Planning Director's Report-Planning Director Jon Thompson,report on file. StafE"recommends denial. 3. Public Hearing -Larry Marcum,states request for Commission to deny. Erik Burgeson, states this zoning is inappropriate. Scott Bums,states the developer is "gaming" by submitting a zoning request at this time and is only concerned with placing as many homes as possible on apiece ofland. 4. Ordinance No. 1220.84 — Commissioner James motions to deny request for zoning change. Commissioner Martin seconds. Motion passes, 4-0. Commissioners McClung and Burgeson re-enter meeting. G. Final Plat — Rim Rock,Phase 2, Section 4,located off ofFM 1826,just west of the Goldenwood, Section 1 subdivision, and accessing off of Crystal Hills Drive from the east and Sad Willow Pass from the west,Kenneth Martin, RE, Murfee Engineering 1. Presentation -Ken Martin,P.E., Murfee Engineering, states request and is available for questions.  Planning Director's Report-Planning Director Jon Thompson,report on file. Staffrecommends approval and recommends acceptance of Developer's offer to donate row for construction of center turn lane. Public Hearing-Alex Newton, states Crystal Hills has a lot oftraffic with a hill and a narrow road. States concern for safety and whether there will be illumination with increased traffic. States opposition to plan. Robert Fowler, vice president of property owner board, states concern for traffic safety on Crystal Hills Drive. States concern for increase in traffic. "IRichard Sexton, states community was not aware ofthis untiilate last week. Letter on file. States concern for traffic safety. States he would like to see more buffer of a minimum of30 to 60 feet. Andrew Backus — states opposition. States there are no shoulders and high incline and concern for traffic safety. States he was not involved in bridge negotiations, but that it was not proposed this be included. States an emergency gate could be considered, which is what was discussed previously. Margaret Paine, resident of Goldenwood West. States there are five neighborhoods that share Crystal Hills^ a solemgress/egress. States the angel ofroad is a safety issue, as is proposed connecting road. States concern for any increase in traffic. States she was involved with bridge negotiations and this road was not proposed at that time. Gary Schoenburg, states concern for heavy road building equipiment precluding his entry to lus property. States request to developer to consider property rights. Brian Dudley, Goldenwood resident, states the issues being presented should have been addressed at preliniinaryjplat stage. States history of bridge development and previous emergency entrance:jStates concern for traffic. Mark Kilner, Goldenwood West resident, states agreement with previous ;sta.tements::States;coiicem.for traffic safety due to "pass through" traffic, which ciirrently;is.not a problem with culdesacs and one entry. Dave Sikes, homeowner association ofRim Rock,states no comment either . way, but the notification;was not sent to Rim Rock. Coromissioner'^i'^senant, states the history ofthe bridge construction and those inyolved. States the connection between the two subdivisions has been discussed: The connectivity was supported by the county, city, and fire. States;history between developer and citizens concerns. States the county is charged with maintenance ofroad and connectivity is a safety issue. Commissioner Whisenant states he will make himself available for meetings to find a viable solution. Vicki Crow, resident, letter on file. States concern for traffic with connectivity. 4. Final Plat & Construction Plans - Commissioner Martin motions to consider. Commissioner James seconds. Commissioner Martin states concern for width of Bristlecone Cove. States support ofcenter turn lane and deceleration lane. Commissioner Martin inquires of applicant regarding road safety. Mr. Ken Martin states the balance would be on either side and any site obstruction would be removed. Commissioner James inquires what changed from preliminary plat to final plat. Planning Director Jon Thompson confirms only change is connectivity. Bulb of cul de sac removed and made into through street, everything else looks the same as the preliminary. County and City do not consider this to be a significant  change,therefore, does not require change in preliminary plat. Martin, what caused the change to turn cul de sac into connection? Jon states bridge being lowered to 25 year standard. Hays County wanted connection for safety. Jon states likely that 22 lots would use the intersection. Commission inquires of Commissioner Whisenant ifthe offer for road improvements was made by applicant. Commissioner Whisenant states the county is ameanable to doing what they can to create a viable and safe solution. Commissioner Burgeson suggests solution of a right turn only off Crystal Hills to provide ingress. Commission discusses altematives. Commissioner Burgeson motions to approve final plat according to preliminary plat with culdesac and crash gate with right of way easement(for ingress and egress) from applicant connecting two streets. Commissioner Martin seconds. Commissioner Whisenant states under the Transportation Code the county cannot maintain a locked road. Commissioner Hubbard offers friendly amendment to add recommendation for developer, county and neighborhood associations to meet prior to council meeting April 9^ and discuss agreements for right of way easement construction and maintenance. Commissioner Martin accepts friendly amendment. Commissioner Burgeson accepts friendly amendment. Motion passes, 6-0. VI. EXECUTIVE SESSION The Planning & Zoning Commission for the City of Dripping S;prings 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 Govdihment Code Sections 551.071 (Consultation with Attorney)^,551.072jJDeliberatiohsi^out Real Property), 551.073 (Deliberations about Gifts andDohatidns), 551.074(Personnel Matters), 551.076 (Deliberatiohs dbout Security Detddes), and 551.086(Economic Development) Vn. ANNOUNCEMENTS A. Regular City Council Meeting,April 9,2013 at 5:30 p.m. B. Regular Parks & Recreation Commission Meeting, March 18,2013 at 6:00 p.m. C. Regular Planning & Zoning Commission Meeting,April 23,2013 at 7:00 p.m. D. Regular Historic Preservation Commission Meeting,April 1,2013 at 5:30 p.m. E. Regular Founders Day Commission Meeting,April 8,2013 at 6:30 p.m. vin ADJOURN Commissioner James motions to adjourn. Commissioner Hubbard seconds. Motion passes;6-0.