Planning and Zoning Commission Meeting

CITY OF DRIPPING SPRINGS PLANNING AND ZONING COMMISSION Regular Meeting Minutes July 23,2013 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 - siyx Larry McClung - Chair Mim Jarn^e§;|: JoseLMartin Kim Hubbard Erik Btitgdson WhilShaith James Martin City Staff/Appointed Officials . City Administrator Michelle FiSbher ' ;Piling Director Jon Thompson City Secretary Jo Ann Touchstone City Attorney Alan Bojorquez City Engineer Rick Coneway Commissioner McGluhg calls the mbeting to or:der;at.7:00 pMy.All present except CommissionersBurgbsdhiahd James, Rick CprieMy hnd Alan Bojorquez. Also present Attorney Jill Hd|&an with the BojorqueizLaw Firm. II. PLEDGE OF ALLEGIANCE Commissioner Jim Martin leads the pledge. III. PplSENTATlONS BY CITIZENS Fldbr open to disbUssipn on any subject. No dction may be taken by law. Citizens wishing to speak shall do so aftefbeing 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, June 25, 2013 - Commissioner Smith motions to approve. Commissioner James Martin seconds. Motion passes, 5-0. V. SITE DEVELOPMENTS/SUBDIVISIONS/ZONING/ON SITE SEWAGE FACILITIES/SIGNSA^ARIANCESAVAIVERS/ALTERNATE STANDARDS/DEVELOPMENT AGREEMENTS Consideration and Possible Action on: City Administrator Michelle Fischer and Attorney Jill Hoffman enter meeting at 7:15 p.m. A. Master Signage Plan -A Line Auto Parts and A Line Outdoor Power,2200 Highway 290 West, Arnold Oil Company, Owner 1. Presentation - Mr. Gary Gregory, applicant for A Line Auto, states request and is available for questions. Mr. Gregory states they intend to fully comply with the City's lighting ordinance. 2. Sign Administrator's Report- City Administrator Michelle Fischer, report on file. Staffrecommends approval.  3. Public Hearing -No one speaks. 4. Master Signage Plan i. Variance Request to Use A Prohibited Pole Sign ii. Variance Request to Exceed Number of Allowable Signs ill. Variance Request to Exceed Maximum Signable Area for a Projecting Sign Commissioner McClung states he would like to consider the variances separately and motions to consider. Commissioner Josef Martin seconds. Commissioner McClung inquires if applicant originally intended to remove the pole sign after initial two years. City Administrator Michelle Fischer states that they have the option to remove it or ask for a continuation ofthe variance. Commissioner Josef Martin motions to approve all variances per staff recommendations. Commissioner James Martin seconds. Motion passes, 5-0. B. Special Exception from the Dripping Springs Code of Ordinances, Chapter 30 "Zoning", Exhibit A "Zoning Ordinance", Section 3.12.5(B)for a Recreational Vehicle to be Utilized for a Non-Residential Purpose at 332 Mercer Street(aka. Mercer Street Dance Hall), Nick Dotin, ApplicantM^A^ 1. Presentation - Mr. Nick Dotin, owner, states request and is available for questions. . 2. Planning Director's Report-Plaiming Director Jon Thompson, report on file. Staff recommends approval with conditions to include fencing for privacy, a certificate of occupancy after inspection by Bureau Veritas and the Fire Department, and the special exception is only valid to Mr. Dotin with the Mercer Street Dance Hall and not any future occupant ofthe building and the special exception is valid for five years. 3. Public Hearing -No one speaks. illp- ■" 4. Special Exception - Commissioner Smith motions to approve with staff recommendations. Commissioner Josef Martin seconds. Commissioner Smith states he would include a condition to have the RV maintained. Commissioner McClung inquires what Mr. Dotin intends to do for wastewater. Mr. Dotin states they will modify the RV and connect to their existing wastewater connection. Commissioner McClung offers a friendly amendment to include that should the ownership of business or use of : building change,the special exception would not be valid. Commissioner : Josef Martin and Commissioner Smith accept friendly amendment. Motion cSgS''' passes, 5-0. ' •'■S;;::-;::, Commissioner Burgeson enters the meeting at 7:24 p.m. C. Request for termination of the Rutherford Ranch Development Agreement betweefrthe City ofEifipping Springs and Cypress Hays, L.P. (now N. Hays Investors^ a^i it^pelates to the approximately 1,558 acres owned by N. Hays Investors, L.P. wiiich is located north of FM 967, east of Brangus Road, Crystal Hills, and Goldehwood Way, south of Bear Creek and west of Little Bear Creek, Mathew Thompson, Applicant 1. Presentation - Carlotta McLean, broker for North Hays Investors. 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 - Mr. Terry Tull, resident of Goldenwood, which adjoins the property referenced in the Development Agreement. Mr. Tull states support for termination of the Development Agreement. 4. Termination of Development Agreement - Commissioner Smith motions to approve the termination of the development agreement. Commissioner Burgeson seconds. Motion passes, 6-0. D. Preliminary Plat, Final Plat, and Construction Plans for the "O Bar Ranch" Subdivision (15 Residential Lots and 1 ROW Lot for a Private Road), James McCann, P.E., Pape Dawson Engineering, Applicant  Presentation- Mr. James McCann,P.E., states request and reviews presentation board and is available for questions. Planning Director's Report-Planning Director Jon Thompson,report on file. Staffrecommends approval. Public Hearing - Mr. Eric Russell, resident in Bear Creek Estates. Mr. Russell states there is one entrance into Bear Creek Estates. Mr. Russell states it would be problematic for connectivity through Bear Creek Estates. Mr. Terry Tull, states some history ofthe easement and conservation and states support for the limits. Mr. Tull states he has three items he would like the developer to consider which are; requiring rainwater collection, to use landscaping that doesn't require a lot of water, and to limit water use; states concern regarding proposed trail, which could impeded privacy; lastly concern for fire and would like to see materials used in construction that are fire resistant and for connectivity to be further explored. 4. Waiver to length of cul-de-sac-(DS Codq of Ordinances, Chapter 28, Exhibit A,Section 11.22)- Commissibhef James Martin motions to approve. Commissioner Smith seconds. Commissioner James enters meeting at 7:51:p.m. Motion passes, 7-0. 5. Waiver from connecting to adjacent tmbts(DS Code bfiOrdinances, Chapter 28, Ejdiibit A,Sectiotiiil>St||p|j- CommissioiiefiMcClung motions to cdtisiider.; Conimission^^ seconds. Conimissioner JhirieSMartin inquirCSbfPlanning Director Jon Thompson whethbr therd-isi-an.area for dbhnectivity for emergency vehicles. Commissioner Josefl^artin motrbhs to approve per staff recdflhhdhdations. Gommissidftdf^iMth secdhds. Motion passes, 7-0. 6.#:Preliminary & Final Plat & Construction Plans- Commissioner Josef Martin motions to approve per staff recommendations. Commissioner Smith seconds. Motion passes, 7-0. E;i;:0fdihi&dd^^ i^2p>84 - MilOrdindttde of the City of Dripping Springs Amending pe:.City of Ofdindhces, Chapter 30 "Zoning," Exhibit A, •Section 5(E)"Hbrne ddiciipation Regulations," Subsection 5.36 "Uses Allowed" Tb:Allow for an AbStpimctufdUlinic to be Considered as a Home Occupation 1. Planning director's Report-Plarming Director Jon Thompson,report On file. 2.:y;iPublic Hd^ng -No one speaks. 3. OfdinartddlNo. 1220.84- Commissioner James motions to approve staflfecdimmendations to add acupuncture as a home occupation. Comrtiissioner Burgeson seconds. Motion passes, 5-0. Proposed Modification to the Existing Conditional Overlay ofPeabody Plaza, Section 1, Lots 5 & 6, Hays County, Texas, Currently Zoned Industrial With a Zoning Overlay, Reba Byrd, Applicant 1. Presentation - Sid Xinos, representing applicant, 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. Modification to Conditional Overlay -Commissioner Burgeson motions to approve staff recommendations. Commissioner James seconds. Motion passes, 6-1-0. Commissioner James Martin abstains. VI. 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) VII. ANNOUNCEMENTS A. Regular City Council Meeting, August 13, 2013 at 5:30 p.m. B. Regular Parks & Recreation Commission Meeting, August 12, 2013 at 6:00 p.m. C. Regular Planning & Zoning Commission Meeting, August 27, 2013 at 7:00 p.m. D. Regular Historic Preservation Commission Meeting, August 5, 2013 at 5:30 p.m. E. Regular Founders Day Commission Meeting, TBD VIIL ADJOURN Commissioner James motions to adjourn. Commissioner JosefMarting seconds. Motion passes, 7-0. Meeting adjournedfaf8:31 p.m.