Planning and Zoning Commission Meeting
Regular MeetingDripping Springs, TX · June 25, 2013
Minutes
CITY OF DRIPPING SPRINGS
PLANNING AND ZONING COMMISSION
Regular Meeting Minutes
June 25,2013
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 Mim James Josef Martin
Kim Hubbard Erik Burgeson Whit Smith
James Martin
City Staff/Appointed Officials
City Administrator Michelle Fischer Planning Director Jon Thompson
City Secretary Jo Ann Touchstone City Attorney Alan Bojorquez
City Engineer Rick Coneway
Commissioner McClung calls the meeting to order at 7:0 p.m. All present except Rick
Coneway. Also present Architect Kevin Herron.
II. PLEDGE OF ALLEGIANCE - Commissioner Hubbard 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, May 28,2013
B. Approval of Special Meeting Minutes, June 17,2013
Commissioner Josef Martin motions to approve item A. Commissioner James
Martin seconds. Motion passes, 4-3-0. Commissioners James Martin, Mim James
and Kim Hubbard abstain.
Commissioner Smith motions to approve item B. Commissioner James Martin
seconds. Motion passes, 5-2-0. Commissioners Burgeson and James abstain.
V. SITE DEVELOPMENTS/SUBDIVISIONS/ZONING/ON SITE SEWAGE
FACILITIES/SIGNSWARIANCESAVAIVERS/ALTERNATE
STANDARDS/DEVELOPMENT AGREEMENTS
Consideration and Possible Action on:
A. Request from Realty America Group(Shops at Highpointe) Retail L.P. for the
termination of The Shops at Highpointe Development Agreement between the
City of Dripping Springs and Realty America Group(Shops at Highpointe)
Retail L.P. concerning the property located at 13429 US 290 East(at the
southeast comer of US 290 East and Sawyer Ranch Road), Mitch Provosty,
Realty America Group, Applicant
1. Presentation - Mr. Carl Schwab, present with architects, presents request
and is available for questions.
2. Planning Director's Report-Planning Director Jon Thompson,report on
file.
Commissioner McClung allows a public hearing.
Gigi Sanchez, resident at 158 Rugged Earth, states concerns and history of
working with developer and city and submits handout detailing points, (on file)
Charles Schwab states that Realty America is a tax payer and signor to the
Development Agreement.
3. Termination of Development Agreement- Commissioner James motions to
consider. Commissioner McClung seconds. Commissioner James inquires
of Planning Director Jon Thompson to clarify that the overlay will remain in
place. Planning Director Jon Thompson states that it will stay in effect.
Commissioner McClung inquires of differences in whether this is built with
the Development Agreement or without. Commissioner Josef Martin
inquires ofPlaiming Director Jon Thompson whether the current ordinances
are more restrictive than terms in the Development Agreement.
Commissioner James Martin inquires ofPlanning Director Jon Thompson if
the tenants are for profit businesses. Mr. Schwab states that the businesses
are for profit. Commissioner James motions to approve staff
recommendations for termination ofthe Development Agreement.
Commissioner Burgeson seconds. Motion passes, 7-0.
B. Special exception from the Dripping Springs Code of Ordinance, Chapter 30
"Zoning", Exhibit A "Zoning Ordinance", Section 3.11.3 for a Medical Office
Building(MOB)located at 13429 US 290E (at the southeast comer of US 290
and Sawyer Ranch Road)in Dripping Springs to allow the proposed MOB to be
42 feet in height and three stories, Mitch Provosty, Realty America Group,
Applicant
1. Presentation - Mr. Charles Schwab introduces Luis Darone and Sam
Stuckey, architects to show project on presentation boards.
2. Planning Director's Report — Planning Director Jon Thompson,report on
file. Staffrecommends approval with conditions listed.
3. Public Hearing- Gigi Sanchez, states developer should not make money
at their expense. Ms. Sanchez states opposition to three stories.
Tom Wystrop, neighbor states opposition to three stories.
Richard Bergfeld, neighbor, states opposition to height.
Geri Ybarra, resident on Sawyer Ranch, states opposition to height so
close to residences.
Katherine Caufman, states agreement with previous statements regarding
height so near residences.
Mr. Schwab states the increase is not 50%,but two feet. Current zoning and
ordinances would allow within general retail for big box development. Mr.
Schwab states the building is a forward on the property as possible.
4. Special Exception - Commissioner Smith motions to consider.
Commissioner McClung seconds. Commissioner Smith inquires of
applicant about other projects. Commission reviews presentation boards.
Commission inquires of applicant about whether two stories was
considered. Applicant states that it was and is not economically feasible.
Commissioner Burgeson reviews criteria for special exception.
Commissioner Josef Martin motions to approve staff recommendations
and height not to exceed 45 feet. Commissioner Smith seconds. Motion
passes, 7-0.
C. Request for Alternative Standards for Exterior Design from Dripping Springs
Code of Ordinances: Chapter 24 Building Regulations: Article 24.03 Exterior
Design and Architectural Standards for a Medical Office Building located at
13429 US 290E(at the southeast comer of US 290 and Sawyer Ranch Road)in
Dripping Springs, Mitch Provosty, Realty America Group, Applicant
1. Presentation - Material covered under item B.
2. Staff Report- Kevin Herron states he would like an opportunity to
review changes and review the final submittal. Planning Director Jon
Thompson states staff recommendation for no action.
3. Public Hearing - No one speaks.
4. Request for Altemative Standards - Commissioner McClimg motions
to table item. Commissioner James seconds. Motion passes, 7-0.
VI. BUSINESS
Consideration & Possible Action On:
A. Application for Certificate of Appropriateness for Miss Kitty's on Mercer,
located at 381 Mercer Street, ChadHalverson & Samantha Kennedy
1. Presentation - Samantha Kenedey, states request and is available for
questions.
2. Staff Report- City Administrator Michelle Fischer, report on file.
3. Historic Preservation Commission Report- City Administrator Michelle
Fischer states Commission's review.
4. Public Hearing -No one speaks.
5. Certificate of Appropriateness - Commissioner Burgeson motions to
consider. Commissioner James Martin inquires why the cut outs are
needed. Commissioner McClung states he researched images and did
not find the "cut outs" historically used. Commissioner Smith inquires
what is required for architectural submittals. Commissioner James
motions to accept staff recommendation as presented. Commissioner
Burgeson seconds. Motion passes, 7-0.
B. Request from Grand Prairie Subdivision Property Ovmers to Change the
Zoning Classification of 3.465 acres and 1.72 acres out ofthe A0415 Philip A
Smith Survey, Hays Cormty, Texas(R17944 and R18128),from Commercial
Services(CS)to less intensive Zoning Classification Districts-Planning
Director Jon Thompson,report on file.
C. Appointment of Vice Chair- Commissioner McClimg nominates
Commissioner Mim James. Commissioner Smith seconds. Motion passes, 7-0.
D. Ordinance No. 1250.26-An Ordinance ofthe City of Dripping Springs
Amending the City of Dripping Springs Sign Ordinance
1. Staff Report- City Attorney Alan reviews draft provided of proposed
amendments.
2. Public Hearing-No one speaks.
3. Ordinance No. 1250.26- No action taken.
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 Attorney), 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)
VIII. ANNOUNCEMENTS
A. Regular City Council Meeting, July 9, 2013 at 5:30 p.m.
B. Regular Parks & Recreation Commission Meeting, July 8, 2013 at 6:00 p.m.
C. Regular Planning & Zoning Commission Meeting, July 23, 2013 at 7:00 p.m.
D. Regular Historic Preservation Commission Meeting, July 1, 2013 at 5:30 p.m.
E. Regular Founders Day Commission Meeting, TBD
IX. ADJOURN
Commissioner James motions to adjourn. Commissioner Smith seconds. Motion
passes, 7-0. Meeting adjourned at 10:00 p.m.
Agenda
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P.O. Box 384
Dripping Springs,Texas 78620
(512)858-4725 (512)858-5646 Fax
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CITY OF DRIPPING SPRINGS
PLANNING AND ZONING COMMISSION
Regular Meeting Agenda
k June 25,2013
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
meetingby calling (512) 858-4725. , .\ '
• 'KXvs-^.i.K y- ■
I. CALL TO ORDER AND ROLL CALL -• .'j ■
.^1
Commission Members
-< .
Larry McClung - Chair Mim James Josef Martin ' *
KimHubbard ErikBurgeson Whit Smith
James Martin
City Stafi/Appointed Officials
City Administrator Michelle Fischer Planning Director Jon Thompson J- A'A'C:v
t?s.
..C;,
City Secretary Jo Ann Touchstone City Attorney Alan Bojorquez
City Engineer Rick Coneway 'j-
•r.;
II. PLEDGE OF ALLEGIANCE
y;-- '
•fvyy;: ;-
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 'M
and Commission may establish a time limit as necessary.
.. rV-h-p
IV. MINUTES • ■ hy^cA;:-
A. Approval of Regular Meeting Minutes, May 28,2013
B. ApprovalofSpecialMeetingMinutes, June 17,2013 -''A'* -
V. SITE DEVELOPMENTS/SUBDIVISIONS/ZONING/ON SITE SEWAGE
FACILITIES/SIGNSWARIANCESAVAIVERS/ALTERNATE
STANDARDS/DEVELOPMENT AGREEMENTS
Consideration and Possible Action on:
A. Request from Realty America Group (Shops at Highpointe) Retail L.R for the
termination ofThe Shops at Highpointe Development Agreement between the
City of Dripping Springs and Realty America Group (Shops at Highpointe)
Retail L.R concerning the property located at 13429 US 290 East(at the
f) southeast comer of US 290 East and Sawyer Ranch Road), Mitch Provosty,
Realty America Group, Applicant
!C« 1. Presentation
,
r\': 2. Plaiming Director's Report
(fffffpT-' 3. Termination of Development Agreement
•> ■ *'
A- -c •••
B. Special exception from the Dripping Springs Code of Ordinance, Chapter 30
"Zoning", Exhibit A "Zoning Ordinance", Section 3.11.3 for a Medical Office
Building(MOB)located at 13429 US 290E (at the southeast comer of US 290
and Sawyer Ranch Road)in Dripping Springs to allow the proposed MOB to be
42 feet in height and three stories, Mitch Provosty, Realty America Group,
Applicant
1. Presentation
2. Planning Director's Report
3. Public Hearing
4. Special Exception
C. Request for Alternative Standards for Exterior Design from Dripping Springs
Code of Ordinances: Chapter 24 Building Regulations: Article 24.03 Exterior
Design and Architectural Standards for a Medical Office Building located at
13429 US 290E (at the southeast comer of US 290 and Sawyer Ranch Road)in
Dripping Springs, Mitch Provosty, Realty America Group, Applicant
1. Presentation
2. Staff Report
3. Public Hearing
4. Request for Alternative Standards
VI. BUSINESS
Consideration & Possible Action On:
A. Application for Certificate of Appropriateness for Miss Kitty's on Mercer,
located at 381 Mercer Street, ChadHalverson & Samantha Kennedy
1. Presentation
2. Staff Report
3. Historic Preservation Commission Report
4. Public Hearing
5. Certificate of Appropriateness
B. Request from Grand Prairie Subdivision Property Owners to Change the
Zoning Classification of 3.465 acres and 1.72 acres out ofthe A0415 Philip A
Smith Survey, Hays County, Texas(R17944 and R18128),from Commercial
Services(CS)to less intensive Zoning Classification Districts
C. Appointment of Vice Chair
D. Ordinance No. 1250.26- An Ordinance of the City of Dripping Springs
Amending the City of Dripping Springs Sign Ordinance
1. Staff Report
2. Public Hearing
3. Ordinance No. 1250.26
VII. EXECUTIVE SESSION
The Planning & Zoning Commission for the City of Dripping Springs reserves the
right to adjoum 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 Attorney), 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)
VIII. ANNOUNCEMENTS
A. Regular City Council Meeting, July 9, 2013 at 5:30 p.m.
B. Regular Parks & Recreation Commission Meeting, July 8, 2013 at 6:00 p.m.
C. Regular Planning & Zoning Commission Meeting, July 23,2013 at 7:00 p.m.
D. Regular Historic Preservation Commission Meeting, July 1, 2013 at 5:30 p.m.
E. Regular Founders Day Commission Meeting, TBD
IX. ADJOURN
All agenda items listed above are eligiblefor discussion and action
unless otherwise specifically noted. Notice is posted in accordance with
Chapter 551, Government Code, Vernon's Texas Codes, Annotated. Icertify
that the above notice ofmeeting was posted on the bulletin board at City of
Dripping Springs City Hall and the Ci^ L^iming Springs website,
www,citvofdrippingsprings.com on the^^2l^__ of at
■Cfd- !} o 'clock t'M.
J^nn Touchstone, City Secretary
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