Planning and Zoning Commission Meeting

CITY OF DRIPPING SPRINGS PLANNING AND ZONING COMMISSION Regular Meeting Minutes August 27,2013 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- Vice Chair 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 7:00 p.m. All present except Commissioner Hubbard, Alan Bojorquez. Also present City Attorney Jill Hoffman with the Bojorquez Law Firm. II. PLEDGE OF ALLEGIANCE - Rick Coneway 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, July 23, 2013 - Commissioner James Martin. Commissioner Josef Martin seconds. Motion passes, 6-0. Commissioner James Martin asks City Secretary Jo Ann Touchstone to check vote on items E and F. V. REPORTS OF AGENCIES,COMMISSIONS & STAFF No Action To Be Taken A. Update on Transportation Committee, Commissioner Eric Burgeson - Commissioner Burgeson updates Commission on Transportation Committee. VI. SITE DEVELOPMENTS/SUBDIVISIONS/ZONING/ON SITE SEWAGE FACILITIES/SIGNSA^ARIANCESAVAIVERS/ALTERNATE STANDARDS/DEVELOPMENT AGREEMENTS Consideration and Possible Action on: A. Sign Variance Requests-Adair Dentistry, 2150 Hwy. 290 E,Alan Adair, Applicant 1. Presentation - Laura Adair, states request and is available for questions. 2. Sign Administrator's Report- City Administrator Michelle Fischer, report on file. Staff recommends approval with conditions listed in report. 3. Public Hearing - No one speaks.  4. Sign Variance Request to Exceed the Maximum Height of6 Feet Allowed for a Monument Sign Used by a Single Business, Section 26.06.063(d)- 5. Sign Variance Request to Exceed the Maximum Signable Area of48 Square Feet Allowed for a Monument Sign Used by a Single Business, Section 26.06.063(c)- 6. Sign Variance Request to Exceed the Cumulative Sign Limitation of64 Square Feet for a Single Unit Property, Section 26.07.002(c)- Commissioner James Martin motions to accept staff recommendations. Commissioner Burgeson seconds. Motion passes, 6-0. B. Request for Alternative Standards for Exterior Design for 296 Mercer Street, Bradley Kimmell, Applicant 1. Presentation -None. 2. Planning Director's Report-Planning Director Jon Thompson, report on file. Staff recommends approval. 3. Public Hearing-No one speaks. 4. Alternative Exterior Design Dripping Springs Code of Ordinances: Chapter 24 Building Regulations: Article 24.03, Section 24.03.053(g) Exterior Design and Architectural Standards- Commissioner Smith motions to approve. Commissioner Josef Martin seconds. Motion passes, 6-0. C. Ordinance No. 1220.87 - An Ordinance of the City of Dripping Springs Creating a Conditional Overlay Governing Certain Real Property in the City Limits Known as 391 Sportsplex Drive to Include Electronic Assembly as an Allowed Use and to List Several Other Uses, Which Would Otherwise Be Allowed Uses, As Prohibited Uses; And Providing for the Following: Findings of Fact; Enactment; Repealer; Severability; Codification; and an Effective Date, Mark Lander, Applicant 1. Presentation - Mark Lander, present and available for questions. 2. Planning Director's Report-Planning Director Jon Thompson, report on file. Staff recommends approval with recommended prohibitions listed in conditional overlay ordinance. 3. Public Hearing-No one speaks. 4. Ordinance No. 1220.87 — Commissioner James motions to approve staff recommendations. Commissioner Josef Martin seconds. Commissioner McClung inquires of applicant what product is being assembled. Mr. Lander states product are manufacturing devices. Motion passes, 6-0. D. Ordinance No. 1220.88 - An Ordinance of The City of Dripping Springs Amending the Restrictions of the Conditional Overlay Governing Certain Real Property in The City Limits Known as Lots 5 And 6 of Peabody Plaza Including Special Events as an Allowed Use of the Property; Defining Special Events; and Providing for the Following: Findings of Fact; Enactment; Repealer; Severability; Codification; and an Effective Date, Reba Byrd, Applicant 1. Presentation -Syd Xinos, RE. with Doucet and Associates, states request and is available for questions. Mr. Xinos states applicant has reviewed draft ordinance and is in agreement with proposed conditions. 2. Planning Director's Report — Planning Director Jon Thompson, report on file. Staff recommends approval. 3. Public Hearing — Roger Mikeska(and wife), adjacent landowner inquires if the city has a noise ordinance and what types of events are proposed. States concern for noise pollution. Laura Adair, states concern for adequate parking. John Bordie, states concern for traffic. Mr. Bordie states there are numerous accidents near Flores Restaurant and Adair Dentistry and states concern for increased traffic and accidents with special events and alcohol. 4. Ordinance No. 1220.88 — Commissioner Smith motions to approve staff recommendations. Commissioner Martin seconds. Commissioner James Martin recuses himself. Commissioner Smith asks applicant to speak to  public hearing concerns of noise and traffic. Mr. Xinos states the building has not been built yet. Mr. Xinos states he does not have the site plan to look at parking spaces. Mr. Xinos states that the idea of wedding receptions or corporate events, while not primary, would be limited as there is not a kitchen. Mr. Xinos states that catering could be an option. Mr. Thompson states the site plan calls for 50 parking spaces. Commissioner Josef Martin removes his second. Commissioner Smith restates his motion to approve staff recommendations with following conditions: no outdoor amplified music and occupancy being limited to that included with certificate of occupancy related to fire code regulations. Commissioner Josef Martin seconds. Motion passes, 5-0-1. Commissioner James Martin abstains. E. Ordinance No. 1220.86 - An Ordinance of the City of Dripping Springs Creating a Conditional Overlay Governing Certain Real Property in the City Limits Known as 23455 West Ranch Road 150 Allowing for the Sale of Beer On-Site and Off- Site Consumption; Including Special Events as an Allowed Use of the Property; Defining Special Events; and Providing for the Following: Findings of Fact; Enactment; Repealer; Severability; Codification; and An Effective Date, Shane Bordeaux, Applicant Commissioner James Martin recuses himself. 1. Presentation - Shane Bordeaux, founder/owner, states request and history of request in relation to state law changes. Mr. Bordeaux states a neighborhood meeting was held to address concerns. Mr. Bordeaux is available to answer any questions. 2. Planning Director's Report-Planning Director Jon Thompson reviews report on file. City Attorney Jill Hoffman reviews Draft B ofthe Conditional Overlay ordinance, which provides restrictions for planned outdoor events or larger events. 3. Public Hearing- Robert Blackwell, resident of 102 Springwood Road, across from the brewery. States concern for noise and impact on neighbors. Asks Commission to deny request for special events. David Racino, not affiliated with Twisted X Brewery. States he has resided near a brewery and states he has witnessed that events do not start early or run late. Joe Volpe, resident within 400 yards of brewery. Mr. Volpe states that the zoning classifications of SF-1 to L-I is a large gap. With state law changes to allow alcohol sales, Mr. Volpe states he is not in favor of large events and the site plan approved was based on use of a tasting/touring facility and parking would not allow for more than 60 occupancy. Mike Woodward, resident on Springwood Road, welcomes brewery to neighborhood. States support for alcohol sales. States concern for special events. Cheryl Miller, new resident, states our area has open land and local businesses. States support for brewery and alcohol sales. States support for special events with conditions to mitigate traffic and noise. States support for tourism generated from this type of business. States that 500 people would be too many and would suggest 150 as a maximum occupancy. John Mclntosh, owner of Barber Shop, states concern for limiting special events. States concerns can be mitigated with restrictions, but special events should be allowed, especially for charitable events. Nita Engert, volunteer of Twisted X. States the types of events she has witnessed, which occur during the day and raise money for the community. Ms. Engert states these are family men and good citizens.  Patrick Whophill, resident on RR 12, states two points: the additional property and use of property. States concern for noise and asks Commission for help in mitigating noise. James Fenalon, resident on Springwood Road, states no opposition to alcohol sales. States he would like clarification regarding allowed hours (state law versus deed restrictions). Ben Metcalf, Billy Pikett, Leslie Pikett state agreement with previous concerns stated. Marilyn Miller, states concern for noise. States support for indoor acoustics. States that other venues such as Salt Lick and the Backyard did not start where they are and restrictions should be in place to mitigate concerns as growth occurs. 4. Ordinance No. 1220.86- Commissioner Josef Martin motions to consider. Commissioner James seconds. Commissioner Martin inquires of applicant to clarify hours. Mr. Bordeaux states closing of 10:00 p.m. for compliance with deed restrictions. Commissioner James states he would like to specifically state no parking on RR 12 or FM 150 or in adjacent neighborhoods. Commission discusses traffic, special events, noise. Commissioner Josef Martin motions to approve beer sales, hours from 10:00 am to 10:00 pm, allow indoor events within capacity, and add fundraisers and private parties to definition of special events. Commissioner James offers friendly amendment to include no parking on FM 150. Commissioner Martin accepts friendly amendment. Commissioner Smith seconds. Motion passes, 5-0-1. Commissioner James Martin abstains. Commissioner McClung offers friendly amendment to include outdoor special events conditionally approved to original motion. Commissioners Martin and James accept. Commissioner James motions to approve CUP for grand opening event on November 23, 2013 as proposed by applicant. Commissioner Josef Martin seconds. Motion passes, 5-0-1. Commissioner James Martin abstains. Commissioner McClung opens public hearing on CUP for Grand Opening, November 23,2013 from 11:00 a.m. to 5:00 p.m. Joe Volpe - Mr. Volpe states this was not posted on the agenda for consideration. Mr. Fenalon inquires if parking restrictions will apply to the grand opening. Commissioner McClung motions to table CUP for grand opening event to schedule a special meeting to allow for public notice. Commissioner James seconds. Motion passes, 5-0-1. Commissioner James Martin abstains. F. Final Plat & Construction Plans- Counts Ranch, Phase 2 located at the east end of Blue Ridge Drive, and south of Butler Ranch Drive, 134.4686 acres out of the PA. Smith Survey and C.H. Mallot Survey, Hays County, Texas, John Lloyd, Applicant 1. Presentation - Ken Martin, P.E., Murphee Engineering, states request and is available for questions. 2. Planning Director's Report-Planning Director Jon Thompson, report on file. 3. Public Hearing- Bill Gilbert, resident of 217 Shetland Road. States concern for water and states this should be addressed before any approvals. States concern for traffic, increase in crime and environmental impact on wildlife.  Chris Schmidt, resident at 600 Blue Ridge Drive, states concern for traffic. States Blue Ridge cannot handle an increase in traffic. Also states any run off will run to his property. States agreement with Mr. Gilbert for lack of water available. Katie Meltzer, resident at 401 Spanish Oak Trail, states her concerns have been expressed regarding traffic. States there is a lot of speeding in the area already. States concern for water availability as well as concern for drainage issues in the area. Amanda Kelley, resident on Butler Ranch Road, states concern for traffic in the area. Paul Tobias, property owner on Butler Ranch, states concern for property connecting to his own in that the developer stated this area was for drainage. Mr. Tobias would like clarification as to what this means. 4. Final Plat & Construction Plans- Commissioner James motions to consider. Commissioner McClung seconds. Commissioner James inquires of City Engineer Rick Coneway regarding road improvements and drainage. Mr. Coneway states this developer is familiar and has other developments in the area and the plans address drainage, specifically in the areas cited in the public hearing. Commission discusses traffic studies and traffic in the area. Commissioner James motions to accept staff recommendations. Commissioner Burgeson seconds. Motion passes, 6-0. Commissioner McClung calls recess for ten minutes. Meeting reconvenes at 8:37 p.m. G. Blue Blazes Ranch Development Agreement Between the City of Dripping Springs and James, A. Smith to govern the approximately 35 acres including lots Al, A2, and A3 of Tract A, Vista Ranch Subdivision recorded in Volume 14, Page 12-13 of the Plat Records of Hays County, Texas and which allows for land uses including, but not limited to, those allowed under the following zoning districts: Commercial Services and General Retail, and which establishes certain construction specifications that deviate from the standard ordinance requirements Commissioner Smith recuses himself. 1. Presentation - Michelle Lavoi, representing Jim Smith, owner - Local residents who also own Sleep Inn. Ms. Lavoi states project and request and is available for questions. Henry Gilmore, applicant's attorney, reviews draft agreement. 2. City Staff & Committee Report - Planning Director Jon Thompson and City Administrator Michelle Fischer give reports, on file. 3. Parks & Recreation Commission Report - City Administrator Michelle Fischer gives Parks report. 4. Public Hearing - M. Lee Brown, resident of Dripping Springs, speaks regarding the wet retention area of parkland. Ms. Brown states it is not a best practice to use tap water in order to keep this area wet, and in our drought it would take 1.6 million gallons per year and this could serve 40 households annually. Ms. Brown states we cannot throw away this water. Colleen Morris, states concern for movement of easement and has her lawyer communicating with Mr. Gilmore. John Bordie, resident/neighbor, thanks City Staff and Applicant for productive and amenable meetings throughout the process. Mr. Bordie states concern for traffic and accidents that occur at the joining of his own property and the Blue Blazes development. Mr. Bordie states concern that notice was not given for all variances listed on the agenda. Sherrie Parks, Chamber of Commerce, states that Dripping Springs has a need for additional hotels with increase in tourism. Ms. Parks also states higher education is a need as well and the Chamber supports these proposals. Commissioner McClung motions to consider. Commissioner Josef Martin seconds. Commission reviews agreement and directs staff to draft recommended changes. Commissioner James motions to accept staff recommendations subject to adjusting the monument sign to a maximum of 16 feet. Commissioner Burgeson seconds. Motion passes, 5-0. 5. Parkland Dedication - Commissioner McClung motions to approve staff recommendations. Commissioner Josef Martin seconds. Motion passes, 5-0. 6. Variance Request for Nonresidential construction in an area with predevelopment natural grades that are 25% or greater - 7. Variance Request for Exclusion of all streets from the total lumens count per site instead of exclusion of only government-owned street lights in public rights-of-way and outdoor recreation facilities - 8. Variance Request for Directory signs for multi-unit complexes in excess of three feet in height and greater than fifteen square feet in area - 9. Variance Request for Monument signs for multi- unit complexes in excess of six feet in height and greater than eighty square feet in area - 10. Variance Request for Monument signs for use by a single business greater than thirty-two square feet in area for apartments/townhomes and greater than forty-eight square feet in area for non-residential single businesses - 11. Variance Request for Monument signs for subdivisions to allow one sign at each entrance to a neighborhood or residential subdivision from a public right-of-way - 12. Variance Request for Projecting signs to exceed twenty-four square feet in area - 13. Variance Request for duration of Concept Plans and Site Development Plans to expire after one year if no progress benchmark is achieved - 14. Variance Request for cuts and fills to exceed maximum limit of six feet - 15. Variance Request to allow alternative standards for shade tree minimum diameter and spacing in landscape buffers - 16. Variance Request to allow alternative standards for tree replacement - 17. Variance Request for Construction of streets and alleys with materials, products, and procedures that ai-e not outlined in the City's Technical Construction Standards and Specifications -  18. Variance Request from requirement that private streets be located in an area that is surrounded on at least three sides (75%) of the perimeter by natural barriers, or by similar man-made barriers - UNEEDED/withdrawn 19. Variance Request from requirement that streets shall provide for future access to adjacent vacant areas - UNEEDED/withdrawn 20. Variance Request for building heights in excess of two and a half stories or forty feet - 21. Variance Request for Impervious cover in excess of sixty percent in the GR zoning district and seventy percent in the CS zoning district - 22. Development Agreement - Commissioner McClung motions to approve variances 6-17 and 20-21 and Development Agreement with changes noted. Commissioner James seconds. Motion passes, 5-0- 1. Commissioner Smith abstains. 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 of this meeting to discuss any of the 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, September 10,2013 at 5:30 p.m. B. Regular Parks & Recreation Commission Meeting, September 9,2013 at 6:00 p.m. C. Regular Planning & Zoning Commission Meeting, September 24, 2013 at 7:00 p.m. D. Regular Historic Preservation Commission Meeting, September 9,2013 at 5:30 p.m. E. Regular Founders Day Commission Meeting, TBD IX. ADJOURN Commissioner Josef Martin motions to adjourn. Commissioner James seconds. Motion passes. 5-0. Meeting adjourned at 11:40 p.m. 10