Planning and Zoning Commission Meeting

CITY OF DRIPPING SPRINGS, TEXAS MINUTES OF THE PLANNING AND ZONING MEETING September 26, 2017 A meeting of the Planning and Zoning Commission of the City of Dripping Springs, Texas, was held on Tuesday, September 26, 2017 at 6:30 P.M. at City Hall, 511 Mercer Street, Dripping Springs, Texas. Present: Commission Members City Staff/Appointed Officials Mim James – Chair Michelle Fischer – City Administrator James Martin – Vice Chair Laura Mueller – Assistant City Attorney Erich Oswald Dottie Palumbo – City Attorney Kim Hubbard Megan Will – City Planner Michael Lavengco Rick Coneway – City Engineer I. CALL TO ORDER AND ROLL CALL at 6:30 p.m. With a quorum of the commission members present, Chairman Mim James called the Regular Meeting to order at 6:33p.m. followed by the pledge of allegiance led by Mim James. It is noted that Commissioners Evelyn Strong and John McIntosh were absent for this meeting. II. Pledge of Allegiance. III. PRESENTATION OF CITIZENS There were no comments received from the public. IV. MINUTES Consideration and Possible Action On: A. Approval of Minutes for August 22nd Regular Commission Meeting. James Martin made a motion to approve the August 22nd P&Z Minutes as published. Erick Oswald seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the minutes. VI. ZONING Consideration and possible action on: A. Ordinance No. 1220.147: An Ordinance of the City of Dripping Springs, Texas, rezoning a tract of land located near W. Hwy 290 and Sawyer Ranch Road, in Dripping Springs, Texas totaling approximately 4.6671 acres, from Office (O) to General Retail (GR), and described as follows: Sawyer Ranch 33, Tract Two, Lot 2-A1. 1. Presentation (Lynn Alderson) The applicant is requesting rezoning from Office to General Retail to allow a dance studio on the property in additional to general retail uses. Available to answer questions. 2. Staff Report (Megan Will) The project includes a proposed 10,000sf building with multiple uses. The dance studio is anticipated to be approximately 7,000sf and the remainder 3,000sf of the building will be occupied by retail. Along with the requested zoning amendment, the applicant concurrently submitted applications for a zoning variance for parking regulations and replat. This proposed rezoning and proposed dance studio/retail building are not likely to have a negative impact on the surrounding uses. Staff recommends approval of the requested zoning amendment. 3. Public Hearing No public comments were made. 4. Ordinance No. 1220.147 James Martin made a motion to approve Ordinance No. 1220.147, an Ordinance of the City of Dripping Springs to rezone a tract of land located near W. Hwy 290 and Sawyer Ranch Road from Office to General Retail. Kim Hubbard seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. V. SUBDIVISION Consideration and possible action on: A. Replat of LOT 2-A1 of Sawyer Ranch 33 Tract Two, Hays County, Texas, a 4.667 acre tract located near the intersection of Sawyer Ranch Road and US Hwy 290. 1. Presentation Jon Thompson was not present for the meeting. Lynn Alderson was available to answer questions. 2. Staff Report (Rick Coneway) This proposed replat is another in a series of replats that are expected with the existing Sawyer Ranch 33 subdivision located within the City Limits. The applicant wants to carve out a specific lot from the existing subdivision for a potential buyer of the owner’s land. The buyer intends to develop this site for a 10,000 sf building with parking on a new 1.835 acre lot. This replat meets the requirements of the City’s Subdivision Ordinance. Staff recommends approval of the replat. 3. Public Hearing No public comments were made. 4. Replat James Martin made a motion to approve the Replat of Lot 2-A1 of Sawyer Ranch 33 Tract Two. Erich Oswald seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. VIII. VARIANCE/EXCEPTION Consideration and possible action on: A. A request for a variance from the Dripping Springs Code of Ordinances, Chapter 30, Exhibit A, Sections 5.6.2 and 5.7.6 to allow reduction of required parking for a mixed-use structure containing Premiere Dance Studio and general retail located at Sawyer Ranch 22, Tract Two, Lot 2-A1-B, Dripping Springs, Texas, 78620. Jon Thompson, Applicant 1. Presentation (Lynn Alderson) The applicant is requesting a reduction in parking for the property. The property will have one 10,000sf building split into two uses – Premiere Dance – 7,000sf; General Retail – 3,000sf. The applicant will provide a total of 77 parking spaces. It is expected for the dance studio and retail portion to have different hours of operation that will not always overlap. 2. Staff Report (Megan Will) The applicant has indicated that the proposed dance studio and retail establishment will have differing hours of operation. A majority of the customers, probably 75-80% drop off their children for dance class and then pick up afterwards. Thus parking is not utilized since they are merely stopping in front to drop off and stopping in front to pick up. Based on the calculation considering each use separately, the provided 77 spaces exceeds the parking requirement for each use individually. Staff recommends approval of a variance to allow a reduction of parking by 7 spaces. This recommendation is conditioned upon a guarantee that the two uses within the proposed building will have little to zero overlapping business hours. Should the uses expand and warrant an increase in parking, the applicant must abide by Section 5.7.5 of the Zoning Ordinance. 3. Public Hearing No comments were made. 4. Variance James Martin made a motion to consider the variance. Mim James seconded the motion. How will patrons be accessing the parking lot? Main access is off of Sawyer Ranch Rd. and there is an access easement through Primrose, which is the lot to the east of this property. There are no current proposed plans for the retail portion of the building. Michael Lavengco made a motion to approve the variance from the Dripping Springs Code of Ordinances, Chapter 30, Exhibit A, Sections 5.6.2 and 5.7.6 to allow reduction of required parking for a mixed use structure containing Premiere Dance Studio and general retail located at Sawyer Ranch 22, Tract Two, Lot 2-A1-B. James Martin seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. VI. ZONING B. Conditional Use Permit Application to allow for a Food Truck Court located at 101 San Marcos St., a property zoned Commercial Services (CS) and within the Historic Overlay (HO). 1. Presentation (Roland G.) The applicant is applying for a CUP for a food court consisting of two permanent mobile food vendors at 101 San Marcos Street, a property within the Mercer Street Historic District. 2. Staff Report (Megan Will) The CUP application request is specifically for two walk-up food trucks. The food trucks would be permanently located in the SW corner of the property along the Wallace Street frontage. The proposed hours of operation are 6:00AM to 12:00AM daily. No on-site parking will be provided as on-street parking is available along the frontage of the subject property. There will be minimal on-site eating areas, the intent is that the food trucks will provide “to-go” food. Per the CODS Mobile Food Vendor Ordinance, all mobile food vendors are prohibited from being located within 100 feet of a restaurant of general use or a restaurant of limited use unless granted permission from all said restaurants. The proposed food trailer location on the subject property is less than 100’ from the Krispy Krunchy Chicken restaurant, therefore a letter of permission from this restaurant will be required before the CUP can be issued. The zoning district for the subject property is CS with a Historic Overlay. A Certificate of Appropriateness application was submitted concurrently with the CUP application and is scheduled for presentation to the Historic Preservation Commission at the October 2, 2017 meeting. The applicant has proposed a 6’ wooden privacy fence along the Wallace Street frontage. Staff feels this type of visual barrier is unnecessary and would in fact be detrimental to the development the pedestrian-focused environment envisioned for the Mercer Street historic district. Staff proposes a lower height wooden fence or maintenance of the existing chain-link fence. The proposed 20’ access gate is sufficient. Based on the surrounding uses and aesthetic quality of the area the proposed food trailers will not have a detrimental visual impact on the area or require additional setback from adjacent uses. The CUP item will be brought back to P&Z for consideration and possible action on October 24, 2017. Restroom facilities are available in the warehouse on the subject property. The individual mobile vendors will be responsible for their gray water disposal. 3. Discussion – Item is for concept plan review and discussion purposes only. Item will be brought forward for action at the October 24, 2017 P&Z meeting. Mim James requested that the applicant provide a more clear concept of what they intend to have on the property for when this item comes back for consideration. Whether it’s a stand-alone food trailer or two food trailers, and what additional features will be provided. C. Ordinance No.1220.124: Zoning request and ordinance enacting Planned Development District (PDD)#5, commonly known as “Heritage Subdivision.” The area is approximately 189 acres, generally bounded by Ranch Road 12 near the northeast perimeter of the property; Old Fitzhugh Road near the eastern perimeter; Walnut Springs Elementary School at the southwestern corner; Dripping Springs Youth Sports Association Fields near the southwest perimeter; Dripping Springs High School along the western perimeter; and in close proximity to Springlake Drive at the northern perimeter. SLF IV-Dripping Springs JV, L.P. and Bob White Investments, LP, Applicants 1. Presentation (Greg Gitcho) Greg Gitcho provided a PowerPoint, which included a Project Summary; Development Plan; Housing Examples; Temporary Wastewater Option; Development Documents; Approval Timeline. Greg was available to answer questions. 2. Staff Report (Dottie Palumbo) Dottie gave an overview of the project and explained what the public benefits Heritage could provide to the community. The proposed Heritage PDD will provide a minimum of 28 acres of parks and open space, an amenity center, and will also include a variety of housing types suited to the needs of several demographic segments of the population. Dottie touched base on some of the public concerns that were expressed to City staff in 2016 regarding this project. The applicant has taken those concerns into account and has come up with strategies on how they are going to be addressed. A TIA will be submitted with the first plat. The applicant also provided to the City a capacity and analysis study (Traffic Study). On February 22, 2016 the Heritage transportation concept plan was reviewed and approved by the Transportation Committee. Dottie also briefly explained what the Offsite Roadway and Trail Agreement and Wastewater Agreement outlines as stated in her staff report. Previously, the PDD#5 and the Annexation and Development Agreement were considered by the Planning and Zoning Commission again on July 25, 2017 at which time the items were postponed to August 22nd meeting because the Developer and the City were still negotiating some of the terms in the Annexation and Development Agreement and the Wastewater and Impact Fee Agreement. Per the Owner’s request, annexation proceedings were withdrawn from the City on July 11, 2017 and per the Owner’s request, the City accepted a petition to re-start voluntary annexation proceedings on July 11, 2017. The City and Developer have finalized negotiations on the Annexation and Development Agreement, PDD#5, Wastewater Agreement. 3. Public Hearing No comments were made. 4. Ordinance No.1220.124: Planned Development District (PDD)No.5 Mim James made a motion to approve Ordinance No. 1220.124: PDD#5 subject to having: 1) The PDD #5 Ordinance, the Annexation & Development Agreement, the Offsite Road/Trail Agreement, and the Wastewater Agreement completely finalized by noon on October 6th , 2017 ; 2) Have a mutually agreeable and completed Plan of Finance and the Service and Assessment Plan by noon on October13th, 2017. James Martin seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. VII. BUSINESS Consideration and possible action on: A. Annexation and Development Agreement between the City of Dripping Springs and SLF IV – Dripping Springs JV, L.P. and Bob White Investments, LP for Heritage Subdivision, approximately 189 acres located in the ETJ, generally bounded by RR12 near the northeast perimeter of the property; Old Fitzhugh Road near the eastern perimeter; Walnut Springs Elementary School in the southwestern corner; Dripping Springs High School along the western perimeter; and in close proximity to Springlake Drive at the northern perimeter. SLF IV-Dripping Springs JV, L.P. and Bob White Investments, LP, Applicant 1. Presentation (Greg Gitcho) No additional comments were made by Greg. 2. Staff Report (Dottie Palumbo) Dottie reiterated some of the public benefits to this project and that overall the PID policy helped to guide the Annexation and Development Agreement. The Annexation and Development Agreement includes the following provisions: Definitions; Offsite Road and Trail Agreement; Water Conservation Plan; Development Standards; Applicable Rules & Regulations; Additional Matters; Term and Amendment; Comprehensive Plan and Citywide Trails Plan. 3. Public Hearing No comments were made. 5. Annexation and Development Agreement – Heritage Subdivision Mim James made a motion to approve Ordinance No. 1220.124: PDD#5 subject to having: 1) The PDD #5 Ordinance, the Annexation & Development Agreement, the Offsite Road/Trail Agreement, and the Wastewater Agreement completely finalized by noon on October 6th , 2017 ; 2) Have a mutually agreeable and completed Plan of Finance and the Service and Assessment Plan by October13th, 2017. James Martin seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. 4. B. Request for Site Development Permit Approval Extension for SDP#16-0122-01 Central Texas Youth Ballet for the construction of a ballet studio with associated parking, drainage and water quality facilities, at the corner of Mercer St. and RR 12. 1. Request Letter No presentation 2. Staff Report (Rick Coneway) This agenda items concerns a request for an extension to an existing site development permit. The project is a proposed new commercial building and parking located at the NE corner of Mercer St. and RR 12. A site development permit was issued to Central Texas Youth Ballet on January 22, 2016. According to the Site Development Ordinance, a permit expires after two years when no construction has stated on the approved project. The permit expires on January 22, 2018. The letter request from CTYB was received on September 11, 2017 and contained the following justifications for an extension: a) City lacks proper drainage and wastewater infrastructure which increases the financial burden to a small, minority-owned business; b) Due to City requirements, was not able to develop project in phases that would permit them to spend small amounts of money on the first phase of development. c) The property is listed for sale and the existing site plan is included in the listing. Staff recommends approval of the request to extend the site development permit for up to six months upon the upcoming expiration date. 3. Extension of Site Development Permit Approval James Martin made a motion to approve the extension of the site development permit approval for Central Texas Youth Ballet. Michael Lavengco seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. VIII. VARIANCE/EXCEPTION Consideration and possible action on: B. A request for a Special Exception to the Dripping Springs Code of Ordinances, Chapter 30, Exhibit A, Section D 3.2 regarding allowing a Temporary Sales Office in an AG zoned district for a property located at 26025 RR 12 / A0415 PHILIP A SMITH SURVEY, ACRES 5.110. AND: A Site Development Permit Application for the associated Temporary Sales Office located at Caliterra Subdivision. Bill E. Couch, Applicant. 1. Presentation (Bill Couch/J. Edgar) Available to answer questions. 2. Staff Report - Special Exception (Megan Will) The requested action by the applicant is to grant a special exception to Section 3.2 of the Zoning Ordinance – Agriculture District to allow for a Temporary Real Estate Sales Office constructed in compliance with the Site Development Plan for the Caliterra Development on RR 12. The purpose of the trailer is for sales; specifically, selling the project to realtors and other buyers who are not ready to speak with builders directly. Individual builders will have their model homes to sell their product from. The applicant foresees that the temporary sales office would remain in place between three to five years. Per the Development Agreement, the subject tract is slated for commercial development. It was supposed to be rezoned to GR by Owner request upon the execution of the Agreement; however, this request had not been made. The subject tract is intended for commercial use. Staff recommends that the special exception be approved with the following conditions: Allow the use to remain for a longer amount of time, the applicant will need to reapply for a special exception; or request rezoning to a category that allows the requested use. 3. Staff Report - Site Development Plan (Rick Coneway) A site development application is being reviewed concurrently with this special exception. The site is located at the northwest corner of Caliterra Pkwy and RR 12. The concrete driveway approach will be a permanent structure; the remainder of the drive and parking will be constructed of decomposed granite. The DG drive and parking, as well as the building, are considered temporary. The project will have the required landscaping. The project will not have outdoor lighting. Water service will be provided from an existing water main along the front of the site. Sewer service will not be provided. The impervious cover is 4.62% of the 5.05 ac site. The impacts of drainage and water quality are negligible and accounted for in the overall drainage and water quality plan for the Caliterra development. The site plan meets the requirements of the City’s Site Development Ordinance. Staff recommends approval of the site plan. 4. Public Hearing Joann Moulds: Is a resident of Caliterra, and submitted her comments on this agenda item on the morning of September 26th. Joann and other residents have concerns about factors that were not addressed in the application such as the following: 1) the application does not include any end date for the presence of a temporary trailer; 2) the proposed location of the temporary sales trailer is at a major intersection in the subdivision and may pose a traffic hazard; 3) has the applicant considered an alternate site for this office trailer? 4) there is no description as to what type of signage may be present or when it will be removed; 5) there are no plans regarding the removal of the concrete driveway or the decomposed granite drive/parking area; 6) there are no plans as to how this area will be restored to its natural state. 5. Special Exception James Martin made a motion to consider. Mim James seconded the motion. James Martin asked the applicant if they have considered other locations for this proposed sales office. J. Edgar explained that this location was chosen purposefully so that people looking for information could easily see the office from RR 12 and Caliterra Pkwy. They receive minimal to low traffic.  Developers at Caliterra have been sensitive to the aesthetics of the neighborhood and signage will need to be addressed when they’re ready to request any. James Martin made a motion to approve the request for a special exception to the Dripping Springs Code of Ordinances, Chapter 30 Exhibit A, Section D 3.2 regarding allowing a Temporary Sales Office in an AG zoned district for a property located at 26025 RR 12, Caliterra subdivision, which is valid for three years. Kim Hubbard seconded the motion. The motion carried unanimously with a vote of 4 Ayes and 1 Nay, approving the motion. 6. Site Development Permit James Martin made a motion to approve the site development permit as presented for the Temporary Sales Office at Caliterra. Michael Lavengco seconded the motion. The motion carried unanimously with a vote of 4 Ayes and 1 Nay, approving the motion. IX. SIGNS Consideration and possible action on: A. Variance requests to allow an electronic LED Gas Price sign and to allow two projecting signs to exceed the maximum height allowed for Texaco Z Square, located at 13210 W. Hwighway 290, Austin, TX 78737 at the intersection of Heritage Drive 1. Presentation (Jacob Dotson) Available to answer questions. 2. Staff Report (Michelle Fischer) The applicant is 1) requesting a variance to allow electronic LED gas price sign and 2) requesting a variance to allow two projecting signs to exceed the maximum height allowed for the Texaco Z Square which will be a gas station with a convenience store located in the City’s ETJ. The total cumulative signable area of all the signs is 106.9 sf. The maximum allowed is 128 sf. The proposed projecting signs exceed the maximum height allowed and are 31 square feet in signable area, while the maximum area allowed is 64 sf. The monument sign and canopy sign are also smaller in area than the maximum allowed. Additional factors mitigating the variance requests are that the building and canopy will comply with the City’s Outdoor Lighting Ordinance and the canopy will match the building and not have the trade dress that was originally proposed. The variance requests meet several of the criteria for granting a variance. The mitigating factors as mentioned are acceptable. Therefore, staff recommends approval of the variance requests with the conditions that all exterior lighting comply with the Lighting Ordinance and the canopy design is built in accordance with the architectural rending. 3. Public Hearing No comments were made. 4. Variance to allow electronic LED gas price sign 5. Variance request to allow two projecting signs to exceed the maximum height allowed James Martin made a motion to approve both variance requests together per the staff report. Erich Oswald seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. B. Ordinance No. 1251.30: An Ordinance amending Chapter 26, Appendix “C”, of the Dripping Springs Code of Ordinances; Amending regulations for a Master Sign Plan for the Belterra Commercial Subdivision; providing for the following: rules; procedures; and findings of fact; codification; repealer; severability; proper notice and meeting; enforcement including criminal penalties including criminal fines not to exceed $500.00 and civil fines up to $500.00. 1. Presentation No presentation. 2. Staff Report (Laura Mueller) Belterra has requested an amendment to its Commercial Master Sign Plan to include identification for Belterra. This includes the addition of eight more signs that include the wording “Belterra Village” or “BV”. One sign also has room for tenant panels. The location and appearance of each sign can be viewed on Exhibit B. The signs will conform to the style and illumination required by the Belterra Development Agreement and the current Master Sign Plan. Sign 1: One Belterra Village projecting identification sign, up to 42 sf, centered on high wall in western section of lot 2. Sign 3: One Belterra Village projecting tenant sign, up to 64 sf, centered on high wall at the southwestern corner of lot 1. Sign shall have up to 6 panels for tenant names. Three Planter signs, up to 11 sf each, in combined sign area in lot 2 of North Belterra Commercial Subdivision. Two BV Logo Projecting signs up to 15 sf each, in lot 2E of the Belterra Commercial Subdivision. Signs shall be attached to current walls. One BV Logo Projecting sign in the roundabout between lots 2E and 3F. Staff recommends approval of the amendment to the Sign Code Ordinance. 3. Public Hearing No comments were made. 4. Ordinance No. 1251.30 James Martin made a motion to approve the change to Ordinance No. 1251.30 per the staff report. Mim James seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. C. Variance request to allow n additional projecting sign for Breed & Company in Belterra Village, located at 165 Hargraves Dr., Austin, Texas 78737 1. Presentation (Jackson Roach) Available to answer questions. 2. Staff Report (Michelle Fischer) Breed and Co. will be located in the Belterra Village which has a Master Signage Plan ordinance that governs signage within the development. The Master Signage Plan allows the business to have one projecting sign on the building. Breed & Co. requests a variance to allow an additional nonilluminated sign. The total signable area of the two signs is less than the maximum area allowed for the storefront sign. The Belterra Village Architectural Review Committee and Endeavor Realty have approved the proposed signage. Due to criteria above that are applicable to this sign variance request, and the mitigating factors of the additional sign being nonilluminated and the total area of the two signs being less than the maximum allowed for one sign, Laura and City staff recommends approval of the variance request. 3. Public Hearing No comments were made. 4. Variance to allow an additional projecting sign James Martin made a motion to approve the variance requests per the staff report. Michael Lavengco seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. D. Variance Requests to allow an additional sign (menu board) and to allow a projecting sign to exceed the maximum height allowed for Hat Creek Burger in Belterra Village, located at 166 Hargraves Drive, Building F, Austin, TX 78737 1. Presentation (Jackie Bordeaux) Available to answer questions. 2. Staff Report (Michelle Fischer) Hat Creek Burger will be located in the Belterra Village which has a Master Signage Plan ordinance that governs signage within the development. The Master Signage Plan allows the business to have two projecting signs on the building, with a maximum height of 54 inches and a maximum signable area of 64 sf. The business will have drive through service and a menu board. The Master Sign Plan does not include regulations for menu boards and the City’s Sign Ordinance requires a variance for menu boards. Although one of the proposed projecting signs is taller than the maximum height allowed, the sign’s area is less than the maximum allowed. The second projecting sign’s area is also smaller than the maximum allowed. The Belterra Village Architectural Review Committee and Endeavor Realty have approved the signage. The proposed signs meet many of the criteria for granting a variance. The variance on height is mitigated by the total signable area of the signs being less than allowed. The menu board has a complimentary design and will comply with the City’s Lighting Ordinance. Therefore, staff recommends approval of the variance requests. 3. Public Hearing No comments were made. 4. Variance request to allow additional sign (menu board) 5. Variance request to allow a projecting sign to exceed the maximum height allowed James Martin made a motion to approve both variance requests together, per staff’s recommendation. Kim Hubbard seconded the motion. The motion carried unanimously with a vote of 5 Ayes and 0 Nayes, approving the motion. VI. 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). XI. Announcements. A. Regular City Council Meeting, October 10, 2017, at 5:30 p.m. Workshop/ 6:30 p.m. B. Next Regular Planning and Zoning Meeting, October 24, 2017 at 6:30 p.m. XII. Adjourn. Adjourn Open Meeting A motion was made by Vice Chairman James Martin with a second by Michael Lavengco to adjourn the meeting. The motion carried unanimously. The meeting was adjourned at 9:05p.m. Respectfully submitted, Katie Jordan Planning Assistant These minutes were approved on the day of , 2017.