Planning and Zoning Commission Meeting
Regular MeetingDripping Springs, TX · December 16, 2015
Minutes
Minutes of the Planning and Zoning Commission Regular Meeting
A Regular Meeting of the City of Dripping Springs Planning and Zoning Commission was held Wednesday,
December16, 2015, beginning at 7:00 PM at City Hall, 511 Mercer Street, Dripping Springs, Texas.
I. CALL TO ORDER AND ROLL CALL
Commission Members
Mim James - Chair James Martin – Vice Chair Whit Smith
Kim Hubbard Erik Burgeson John McIntosh
Michael Lavengco
City Staff/Appointed Officials
City Administrator Michelle Fischer
Director of Public Works and Development Rick Coneway
Code Enforcement Manager Jon Thompson
City Secretary Kerri Craig
Commission Chair Mim James calls the meeting to order at 7:00pm. All members present except
Commissioners Erik Burgeson and Whit Smith, and Director of Public Works and Development
Rick Coneway. Also present is City Attorney Alan Bojorquez.
II. EXECUTIVE SESSION
The Planning and Zoning Commission for the City of Dripping Springs has the right to adjourn
into executive session at any time during the course of this meeting to discuss any matter 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).
III. PLEDGE OF ALLEGIANCE – Commission Vice Chair James Martin leads the Pledge of
Allegiance.
IV. PRESENTATION OF 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 Chair. The Chair may establish a time limit as
necessary. No one speaks
V. MINUTES
Consideration and Possible Action On:
A. Approval of Special Meeting Minutes, December 7, 2015 – Commission Vice Chair James
Martin motions to approve the minutes. Commissioner Michael Lavengco seconds. VOTE: 5-0
in favor, motion passes.
Page 1 of 5
VI. SITE DEVELOPMENTS/SUBDIVISIONS/ON SITE SEWAGE
FACILITIES/VARIANCES/WAIVERS/ALTERNATE STANDARDS/DEVELOPMENT
AGREEMENTS
Consideration and Possible Action On:
A. Ordinance No. 1220.120: Amending Ordinance 1220.11, Codified As Volume 2, Article 15,
Chapter 24, Subchapter A of the Dripping Springs Code of Ordinances; Modifying the
regulations regarding height, impervious cover, and pad dimensions for the property of
Planned Development District Number One; Located at the southwest intersection of Rob
Shelton Blvd and the Home Depot driveway, Sumay Parikh, DS Hospitality, LLC, Applicant's
Agent
1. Presentation – Sumay Parikh, Applicant’s Agent
2. Staff Report – Code Enforcement Manager Jon Thompson, report on file. Staff
recommends approval with the conditions that the maximum height (70 feet), maximum
number of stories (four), and maximum building footprint (18,000 square feet) amendments
be specific to only Envelope 3, and only for a “hotel” land use. The impervious cover
increase amendment to 60% is applicable to the entire PDD.
3. Public Hearing – No one speaks
4. Planned Development District Agreement
5. Ordinance No. 1220.120
6. Amendment to PDD # 1 Agreement – Commission Vice Chair James Martin motions to
approve Ordinance 1220.120 and the amended agreement according to staff’s
recommendations made in the report and during the meeting. Commissioner Kim Hubbard
seconds. VOTE: 5-0 in favor, motion passes.
B. Minor Plat and Variance Request from Minimum Lot Size for Campbell Subdivision, Located
at 13701 FM 1826, Richard McDaniel, Ash & Associates
1. Presentation – Richard McDaniel, Ash & Associates
2. Staff Report – Code Enforcement Manager Jon Thompson, report on file. Staff
recommends approval.
3. Public Hearing – No one speaks
4. Variance
5. Plat – Commissioner Michael Lavengco motions to approve the variance and minor plat
according to staff’s recommendation. Commissioner John McIntosh seconds. VOTE: 5-0 in
favor, motion passes.
C. Replat of Lots 8, 9 & 10 , Block B Ruby Ranch, Located at 310 and 320 Humphreys Drive,
Phil Moncada , Applicant
1. Presentation – Phil Moncada, Applicant
2. Staff Report - Code Enforcement Manager Jon Thompson, report on file. Staff recommends
approval.
3. Public Hearing – No one speaks
4. Replat – Commission Vice Chair James Martin motions to approve the replat according to
staff’s recommendation. Commissioner Kim Hubbard seconds. VOTE: 5-0 in favor, motion
passes.
Page 2 of 5
D. Exterior Design Alternative Standard for YMCA, Located at 27216 Ranch Road 12, Gregory
Griffin, PE, Applicants Agent
1. Presentation – Gregory Griffin and Andrew Logan, Applicant’s Agents
2. Staff Report – Consultant Keenan Smith, report on file. Staff recommends approval in
concept with the conditions stated in the report.
3. Public Hearing – No one speaks
4. Alternative Standard – Commissioner John McIntosh motions to approve in concept
according to staff’s recommendations. Commission Vice Chair James Martin seconds.
VOTE: 5-0 in favor, motion passes.
E. Amending Plat of Tract A & B of Amended Plat of Tract A, Tract B, Tract C, Tract D, Tract
G, Tract I and Tract L of Key Ranch at the Polo Club and Amended Plat of Tract E, Tract F,
Tract H, Tract J, Tract K, Tract M, Tract N and Tract O of Key Ranch at the Polo Club
Volume 8 Pages 374-377 PRHCT, Hays County, to Request Waiver from Code of Ordinances,
Chapter 28, Minimum Lot Sizes in ETJ, Located at 13901 Canonade and 13730 W US Hwy
290, Lynn Alderson, PE, Alderson Group
1. Presentation - None
2. Staff Report - Code Enforcement Manager Jon Thompson, report on file. Staff recommends
approval.
3. Public Hearing – No one speaks
4. Amended Plat – Commission Vice Chair James Martin motions to discuss. Commission
Chair Mim James seconds. Commission discusses the amendments to the plat. Commission
Vice Chair James Martin motions to approve according to staff’s recommendations.
Commissioner Michael Lavengco seconds. VOTE: 5-0 in favor, motion passes.
VII. ZONING
A. Ordinance 1220.119: An Ordinance of the City of Dripping Springs Amending the Zoning
Classification with a Conditional Overlay for Tall Oaks Subdivision, Lots 1 & 2, Located at
2350 and 2400 E US HWY 290, Mark Lander, Applicant and Owner's Representative
1. Presentation – Mark Lander, Applicant, is available for questions.
2. Staff Report - Code Enforcement Manager Jon Thompson, report on file. Staff recommends
approval.
3. Public Hearing – Steve Whittman speaks in opposition to this ordinance due to noise issues.
Deanna McCuska speaks in opposition to this ordinance due to noise, safety and traffic
issues.
4. Ordinance No. 1220.119 - Commission Vice Chair James Martin motions to discuss.
Commission Chair Mim James seconds. Commission discusses the noise, the multi-family
residential overlay, zoning and residents in the surrounding areas, pedestrian safety and
traffic issues. Commissioner Michael Lavengco motions to approve Ordinance 1220.119
according to staff’s recommendation. Commissioner Kim Hubbard seconds. Commission
Chair Mim James requests that staff ensure that this site plan be brought before the
Planning and Zoning Commission, and that the plan addresses issues such as drainage and
run-off, safety, traffic and noise when the development is proposed in the future. VOTE: 5-
0 in favor, motion passes.
Page 3 of 5
B. Conditional Use Permit for Domestic Farm Animals (Therapy Chickens) at Hill Country
Nursing Home, Located at 1505 W HWY 290, Hill Country Care Health and Rehabilitation,
Applicant
1. Presentation – Debra Maddox, Applicant
2. Staff Report - Code Enforcement Manager Jon Thompson, report on file. Staff and the City
Sanitarian recommend approval with the conditions that the chickens cannot be brought
inside the nursing facility and the patients cannot be in contact with the chickens due to
health safety issues.
3. Public Hearing - Roy Pursley speaks in favor of this permit.
4. Condtional Use Permit – Commission Vice Chair James Martin motions to discuss.
Commissioner Michael Lavengco seconds. Commission discusses the cleanliness of having
the chickens on the property and the safety & health of the residents who may be exposed
to them. Commission Vice Chair James Martin motions to approve the Conditional Use
Permit according to staff’s recommendations and conditions, for the standard two year,
automatic renewal period for Conditional Use Permits, and that the facility must comply
with the recommendations and conditions made by staff and the City Sanitarian.
Commissioner Michael Lavengco seconds. VOTE: 5-0 in favor, motion passes.
VIII. SIGNS
A. Sign Variance Requests for Proposed Bauerle Plaza, Located at 13240 Rooster Springs Road,
Dan Bauerle, Applicant
1. Presentation – Dan Bauerle, Applicant
2. Sign Administrator's Report – City Administrator Michelle Fischer, report on file. Staff
recommends denial of all three variance requests for the reasons stated in the report.
3. Public Hearing – No one speaks
4. Variance Request to Allow a Pole Sign
5. Variance Request to Allow an Electronic LED Sign
6. Variance Request to Exceed the Maximum Height Allowed – Commission Vice Chair
James Martin motions to consider. Commissioner Michael Lavengco seconds. Commission
discusses the sign ordinance regulations, the nature of the variances being requested, and
suggests the applicant work with City staff to consider alternative designs. Commission
Vice Chair James Martin motions to deny all three variance requests according to staff’s
recommendations. Commissioner Kim Hubbard seconds. VOTE: 5-0 in favor of denial,
motion passes.
B. Sign Variance Request for Epicure, Located at 1025 Cannon Drive, Suite 105, Black River
Enterprises, LLC., Applicant
1. Presentation – Julio Llop, Owner
2. Sign Administrator's Report - City Administrator Michelle Fischer, report on file. Staff
recommends approval.
3. Public Hearing – No one speaks
4. Variance Request to Allow a Projecting Sign to Exceed Seventy-Five Percent of the Store
Front Width - Commissioner Michael Lavengco motions to approve according to staff’s
recommendations. Commissioner John McIntosh seconds. VOTE: 5-0 in favor, motion
passes.
Page 4 of 5
IX. BUSINESS
Consideration and Possible Action On:
A. Discussion Regarding Proposed Amendments to the Development Agreement Ordinance
B. Discussion Regarding Proposed Amendments to the Planned Development District Ordinance
City Administrator Michelle Fischer presents the status of the proposed amendments to both
the Development Agreement and Planned Development District ordinances. Staff recommends
the Planning and Zoning Commission appoint a committee to work with staff on the
amendments to these two ordinances. Commission Chair Mim James states that the
Commission would like to be able to review these projects before they are presented as formal
Development Agreements or Planned Development Districts. The Commission would also like
to be able to inject expectations regarding connectivity and traffic issues, ensure that the
process for requesting variances is clarified, and make sure the City’s expectations for these
developments are made clear from the very beginning of the planning process for proposed
projects. City Administrator Michelle Fischer states that City Attorney Alan Bojorquez could
draft amendments to the ordinances for the Commission’s review at a future meeting.
Commission Vice Chair James Martin volunteers to participate in the review process as part of
any committee or individually, and recommends Commissioner Erik Burgeson participate as
well. No action taken.
X. ANNOUNCEMENTS
A. Regular Historic Preservation Commission Meeting, January 4, 2016 at 5:30 p.m.
B. Regular Parks & Recreation Commission Meeting, January 11, 2016, at 6:00 p.m.
C. Regular City Council Meeting, January 12, 2016 at 7:00 p.m.
D. Regular Transportation Committee Meeting, January 25, 2016 at 3:30 p.m.
E. Regular Planning and Zoning Commission Meeting, January 26, 2016 at 7:00 p.m.
XI. ADJOURN – Commission Vice Chair James Martin motions to adjourn the meeting.
Commissioner Michael Lavengco seconds. VOTE: 5-0 in favor, motion passes. Meeting adjourns
at 8:28 p.m.
Page 5 of 5
Agenda
City of Dripping Springs
Planning and Zoning Commission Meeting Agenda
Wednesday, December 16,2015 at 7:00 PM
City Hall, 511 Mercer Street, Dripping Springs, Texas
I. CALL TO ORDER AND ROLL CALL
Commission Members
Mim James - Chair James Martin - Vice Chair Whit Smith
Kim Hubbard Erik Burgeson John Mclntosh
Michael Lavengco
City StafEAppointed Officials
City Administrator Michelle Fischer
Director of Public Works and Development Rick Coneway
Code Enforcement Manager Jon Thompson
City Secretary Kerri Craig
II. EXECUTIVE SESSION
The Planning and Zoning Commissionfor the City ofDripping Springs has the right to
adjourn into executive session at any time during the course ofthis meeting to discuss any
matter 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).
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATION OF 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 Chair. The Chair may establish a time limit
as necessary.
V. MINUTES
Consideration and Possible Action On:
A. Approval of Special Meeting Minutes, December 7,2015
VI. SITE DEVELOPMENTS/SUBDIVISIONS/ON SITE SEWAGE
FACILITIESA^ARIANCESAVAIVERS/ALTERNATE
STANDARDS/DEVELOPMENT AGREEMENTS
Consideration and Possible Action On:
A. Ordinance No. 1220.120: Amending Ordinance 1220.11, Codified As Volume 2, Article
15, Chapter 24, Subchapter A of the Dripping Springs Code of Ordinances; Modifying the
regulations regarding height, impervious cover, and pad dimensions for the property of
Planned Development District Number One; Located at the southwest intersection of Rob
Shelton Blvd and the Home Depot driveway, Sumay Parikh, DS Hospitality, LLC,
Applicant's Agent
1. Presentation
2. Staff Report
3. Public Hearing
4. Planned Development District Agreement
Page 1 of 3
5. Ordinance No. 1220.120
6. Amendment to PDD # 1 Agreement
B. Minor Plat and Variance Request from Minimum Lot Size for Campbell Subdivision,
Located at 13701 FM 1826, Richard McDaniel, Ash & Associates
1. Presentation
2. Staff Report
3. Public Hearing
4. Variance
5. Plat
C. Replat of Lots 8, 9 & 10 , Block B Ruby Ranch, Located at 310 and 320 Humphreys
Drive, Phil Moncada, Applicant
1. Presentation
2. Staff Report
3. Public Hearing
4. Replat
D. Exterior Design Alternative Standard for YMCA, Located at 27216 Ranch Road 12,
Gregory Griffin, PE, Applicants Agent
1. Presentation
2. Staff Report
3. Public Hearing
4. Alternative Standard
E. Amending Plat of Tract A & B of Amended Plat of Tract A, Tract B, Tract C, Tract D,
Tract G, Tract I and Tract L of Key Ranch at the Polo Club and Amended Plat of Tract E,
Tract F, Tract H, Tract J, Tract K, Tract M, Tract N and Tract O of Key Ranch at the Polo
Club Volume 8 Pages 374-377 PRHCT, Hays County, to Request Waiver from Code of
Ordinances, Chapter 28, Minimum Lot Sizes in ETJ, Located at 13901 Canonade and
13730 W US Hwy 290, Lynn Alderson, PE, Alderson Group
1. Presentation
2. Staff Report
3. Public Hearing
4. Amended Plat
VII. ZONING
A. Ordinance 1220.119: An Ordinance of the City of Dripping Springs Amending the
Zoning Classification with a Conditional Overlay for Tall Oaks Subdivision, Lots 1 & 2,
Located at 2350 and 2400 E US HWY 290, Mark Lander, Applicant and Owner's
Representative
1. Presentation
2. Staff Report
3. Public Hearing
4. Ordinance No. 1220.119
Page 2 of 3
B. Conditional Use Permit for Domestie Farm Animals (Therapy Chickens) at Hill Country
Nursing Home, Located at 1505 W HWY 290, Hill Country Care Health and
Rehabilitation, Applicant
1. Presentation
2. Staff Report
3. Pubic Hearing
4. Condtional Use Permit
VIII. SIGNS
A. Sign Variance Requests for Proposed Bauerle Plaza, Located at 13240 Rooster Springs
Road, Dan Bauerle, Applicant
1. Presentation
2. Sign Administrator's Report
3. Public Hearing
4. Variance Request to Allow a Pole Sign
5. Variance Request to Allow an Electronic LED Sign
6. Variance Request to Exceed the Maximum Height Allowed
B. Sign Variance Request for Epicure, Located at 1025 Cannon Drive, Suite 105, Black
River Enterprises, LLC., Applicant
1. Presentation
2. Sign Administrator's Report
3. Public Hearing
4. Variance Request to Allow a Projecting Sign to Exceed Seventy-Five Percent of the
Store Front Width
IX. BUSINESS
Consideration and Possible Action On:
A. Discussion Regarding Proposed Amendments to the Development Agreement Ordinance
B. Discussion Regarding Proposed Amendments to the Planned Development District
Ordinance
X. ANNOUNCEMENTS
A. Regular Historic Preservation Commission Meeting, January 4, 2016 at 5:30 p.m.
B. Regular Parks & Recreation Commission Meeting, January 11, 2016, at 6:00 p.m.
C. Regular City Council Meeting, January 12, 2016 at 7:00 p.m.
D. Regular Transportation Committee Meeting, January 25, 2016 at 3:30 p.m.
E. Regular Planning and Zoning Commission Meeting, January 26, 2016 at 7:00 p.m.
XL ADJOURN
All agenda items listed above are eligible for discussion and action unless otherwise specifically noted. Notice is posted in accordance with
Chapter 551, Government Code, Vemon's Texas Codes, Annotated. I certify that the above notice ofmeeting was posted at City ofDripping
Springs City Hall and website, www.cilvofdriDDinesprines.com on the 11"' ofDecember, 2015 at 5 o 'clock PM.
'-HA-
Kerri Craig,r, City S^retary
Secretary
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.
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