Planning and Zoning Commission Meeting

Planning & Zoning Commission Regular Meeting Minutes December 18, 2018 at 6:30 p.m. A Regular Meeting of the Planning & Zoning Commission was held Monday, December 17, 2018 beginning at 6:30 p.m. in the City Hall Council Chambers located at 511 Mercer Street, Dripping Springs, Texas. I. CALL TO ORDER AND ROLL CALL Commission Members present were: Mim James, Chair James Martin, Vice Chair Kim Hubbard Evelyn Strong Commission Members absent were: Martin Garza Michael Lavengco John McIntosh City Staff/Appointed Officials present were: Michelle Fischer, City Administrator Jason Lutz, Planning Director Amanda Padilla, City Planner II Chad Gilpin, City Engineer Laura Mueller, City Attorney With a quorum present, Chair James called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE Chair James led the Pledge of Allegiance to the Flag. III. 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 spoke during Presentation of Citizens. IV. MINUTES A. Discuss and consider action regarding the Planning & Zoning Commission Regular Meeting Minutes of November 27, 2018. A motion was made by Vice Chair Martin to approve the November 27, 2018 Regular Planning & Zoning Commission Meeting Minutes with the condition that spelling errors be fixed. Commissioner Hubbard seconded the motion which carried unanimously 4 to 0. 1 of 8 V. BUSINESS A. Discuss and consider recommended action regarding SUB2018-0028, a proposed Final Plat, with a requested variance from Article 28.02 Subdivision Ordinance, Sec. 14 Lots, Sub. Sec. 14.2 Frontage, to allow multiple lots to utilize a shared access easement and not require the construction of an improved public or private street, on Creek Road in Dripping Springs, Texas (Legal Description: Lots 1-4 Cypress Fork Rach Subdivision, totaling 19.050 acres out of the Benjamin F. Hanna League Survey, No. 28, Abstract No. 222, Hays County, TX). Applicant Jen Paisley Applicant has requested to table the item, until further notice. 1. Presentation – no presentation given. 2. Staff Report Jason Lutz presented the staff report which is on file. The applicant has requested this item be tabled. 3. Public Hearing - No one spoke during the Public Hearing. 4. Variance Request to allow multiple lots to utilize a shared access easement and not require the construction of an improved public or private street 5. SUB2018-0028 Final Plat A motion was made by Vice Chair Martin to table SUB2018-0028, a proposed Final Plat, with a requested variance from Article 28.02 Subdivision Ordinance, Sec. 14 Lots, Sub. Sec. 14.2 Frontage, to allow multiple lots to utilize a shared access easement and not require the construction of an improved public or private street, on Creek Road in Dripping Springs, Texas. Commissioner Hubbard seconded the motion which carried unanimously 4 to 0. B. Discuss and consider recommended action regarding a request for an extension of the previously approved construction plans (Esperanza Subdivision) for approximately 107.8 acres, out of the B.F. Hanna Survey No. 28, Abstract No. 222 in Hays County, Texas, located at 4900 Bell Springs Road. 1. Presentation – no presentation given. 2. Staff Report Jason Lutz presented the staff report which is on file. The construction plans were approved by city staff on January 18, 2018. The preliminary plat has since expired and will be brought to City Council on January 15, 2019. The Construction plans are set to expire 1 year after approval which is January 18, 2019. Staff recommends approval of the construction plan extension request provided that the applicant satisfies the requirements of the Spring Lane Agreement. 3. Extension of Construction Plans Planning & Zoning Commission December 17, 2018 Regular Meeting Minutes Page 2 of 8  A motion was made by Vice Chair Martin to recommend City Council approval of a request for an extension of the previously approved construction plans (Esperanza Subdivision) for approximately 107.8 acres, out of the B.F. Hanna Survey No. 28, Abstract No. 222 in Hays County, Texas, located at 4900 Bell Springs Road, with the staff recommendation that the applicant satisfy the requirements of the Spring Lane Agreement. Commissioner Hubbard seconded the motion which carried unanimously 4 to 0. C. Discuss and consider recommended action regarding SUB2018-0023, a preliminary plat application establishing a 5 lot subdivision, including a variance request for required water quality buffer zones (WQBZ) for the Cobb Ranch Estates Subdivision, approximately 19 acres located at 1840 Reunion Ranch Blvd (Legal Description: 1906 acres out of the Seaborn J. Whatley Survey). Applicant, Jon Thompson 1. Presentation – no presentation given. 2. Staff Report Please note the correction to the Cobb Ranch Estates Subdivision Legal Description - should reflect 19.6 acres and not 1906 acres. Chad Gilpin presented the staff report which is on file. The applicant is requesting a variance to reduce the Water Quality Buffer Zone on his property. Staff recommends approval of the variance and the preliminary plat with the following conditions to be noted on the Preliminary Plat: 1. Rainwater Collection compliant with TCEQ RG348 shall be implemented on all residential structures. 2. Impervious cover will be limited to 15% for the entire tract Lots 1 through 5. 3. Vegetative Filter Strips compliant with TCEQ RG348 shall be implemented downstream of all existing and proposed impervious cover not captured by rainwater harvesting. 4. This development shall comply with the City’s current Lighting Ordinance. 3. Public Hearing No one spoke during the Public Hearing. 4. Variance Request for required water quality buffer zones Chair James asked owner Sam Cobb if they were going to subdivide this into more than 5 lots in the future. Mr. Cobb explained he will only do 5 lots and that he intends to have a simple subdivision with a cul-de-sac. Chad Gilpin confirmed the reductions in the WQBZ are not enough to compromise the Water Quality buffer zone. A motion was made by Vice Chair Martin to recommend City Council approval of a variance request for required water quality buffer zones (WQBZ) for the Cobb Ranch Estates Subdivision, approximately 19 acres located at 1840 Reunion Ranch Blvd (Legal Planning & Zoning Commission December 17, 2018 Regular Meeting Minutes Page 3 of 8  Description: 19.6 acres out of the Seaborn J. Whatley Survey). Commissioner Hubbard seconded the motion which carried 3 to 1 with Commissioner Strong opposed. 5. SUB2018-0023 Preliminary Plat A motion was made by Vice Chair Martin to recommend City Council approval of SUB2018-0023, a preliminary plat application establishing a 5 lot subdivision for the Cobb Ranch Estates Subdivision, approximately 19 acres located at 1840 Reunion Ranch Blvd (Legal Description: 19.6 acres out of the Seaborn J. Whatley Survey). with the following staff recommendations: 1. Rainwater Collection compliant with TCEQ RG348 shall be implemented on all residential structures. 2. Impervious cover will be limited to 15% for the entire tract Lots 1 through 5. 3. Vegetative Filter Strips compliant with TCEQ RG348 shall be implemented downstream of all existing and proposed impervious cover not captured by rainwater harvesting. 4. This development shall comply with the City’s current Lighting Ordinance. Commissioner Hubbard seconded the motion which carried 3 to 1, with Commissioner Strong opposed. D. Discuss and consider recommended action regarding SUB2018-0046, a replat to combine lots 13A and 14A into a newly created lot 13B, located at 1347 Trebled Waters Trail, Dripping Springs, Texas (Legal Description: Howard Ranch Subdivision, Sec. 2, Lots 13A and 14A, totaling 10.7344 acres, Hays County, TX). Applicant Jon Thompson 1. Presentation Applicant Jon Thompson presented the item where he is requesting to replat 2 lots into 1. 2. Staff Report Chad Gilpin presented the staff report which is on file. Staff recommends approval of SUB2018-0046 with the recommendation that the applicant address county comments and obtain a 1445 approval letter for Hays County before the Mayor signs the replat. 3. Public Hearing No one spoke during the Public Hearing. 4. SUB2018-0046 Replat A motion was made by Vice Chair Martin motioned to recommend City Council approval of SUB2018-0046, a replat to combine lots 13A and 14A into a newly created lot 13B, located at 1347 Trebled Waters Trail, Dripping Springs, Texas (Legal Description: Howard Ranch Subdivision, Sec. 2, Lots 13A and 14A, totaling 10.7344 acres, Hays County, TX) with the staff recommendation that the applicant address county comments and obtain 1445 Planning & Zoning Commission December 17, 2018 Regular Meeting Minutes Page 4 of 8  approval from the county prior to the Mayor’s signature. Commissioner Hubbard seconded the motion which carried 4 to 0. E. Discuss and consider recommended action regarding SUB2018-0059, a revised preliminary plat for Headwaters Commercial Phase 1B, Hays CAD R151518 (Legal Description: A0475 - William Walker Jr Survey, ACRES 39.712). Applicant Brian Roby 1. Presentation – no presentation given. 2. Staff Report Chad Gilpin presented the staff report which is on file. The applicant is requesting Lot 1 Block B of the previously approved preliminary plat be split into 3 lots including lot 1 and lot 3 of Block B. Staff recommends approval of the revised preliminary plat. 3. Public Hearing No one spoke during the Public Hearing. 4. SUB2018-0059 Revised Preliminary Plat Applicant Brian Roby confirmed to Chair James that the preliminary plat represents a better vision of what he intends to do with the property. A motion was made by Vice Chair Martin to recommend City Council approval of SUB2018-0059, a revised preliminary plat for Headwaters Commercial Phase 1B, Hays CAD R151518 (Legal Description: A0475 - William Walker Jr Survey, ACRES 39.712). Commissioner Strong seconded the motion which carried unanimously 4 to 0. F. Discuss and consider recommend action regarding DA2018-0001 (Driftwood 522), a proposed Development Agreement for approximately 522.636 acres of land located in the City’s extraterritorial jurisdiction (ETJ) located southeast of the intersection of FM 1826 and FM 967, and west of Brangus Road (legal description: Tract 1-522.25 Acres and Tract 2-0.1793 Acre out of the Freelove Woody Survey No. 23, Abstract No. 20, Hays County, Texas). Applicant Don Bosse The proposed development will consist of residential areas, parkland and open space. The proposed Development Agreement includes several provisions, including but not limited to the following: provision of housing; provision of utilities; parkland dedication; environmental protection standards; density and impervious cover limitations and standards; hilltop preservation; outdoor lighting; and architectural standards. The proposed project includes but is not limited to the following proposed variances/alternative standards: water quality performance standards and development; minimum lot sizes; sidewalks; maximum cuts and fills; residential block lengths and cul-de-sac lengths; maximum impervious cover; minimum lot frontage; and street cross-sections in regards to fire access. Planning & Zoning Commission December 17, 2018 Regular Meeting Minutes Page 5 of 8  1. Presentation Henry Gilmore, the applicant’s representative, presented the item. The project is a 522 acre subdivision located on FM 1826 and FM 967. The development consists of Single-family lots and an 18-hole golf course which will use reclaimed water from the City and will not increase the 15% maximum impervious cover allowed. Mr. Gilmore also stated that the Saltlick Development Agreement was used as a template for this agreement. 2. Staff Report Jason Lutz presented the staff report which is on file. The applicant has withdrawn the variance for the fire access lane. Staff recommends approval of the Development Agreement. 3. Public Hearing No one spoke during the Public Hearing. 4. Variance/Alternative Standards Requests Vice Chair Martin confirmed that the applicant will revise the exhibit regarding the variance for the fire access easement prior to City Council consideration. Chair James confirmed that the applicant still intends to have a 100-foot (100’) buffer around the subdivision. Mr. Gilmore also stated that the developer intends to make improvements to FM 967 to include turning lanes and acceleration and deceleration lanes. A motion was made by Vice Chair Martin to recommend City Council approval of variances with the condition that they update Exhibit C to reflect the 24-ft fire lane. Chair James seconded the motion which carried 3 to 1, with commissioner Strong opposed. 5. DA2018-0001 Development Agreement A motion was made by Vice Chair Martin to recommend City Council approval of DA2018- 0001 (Driftwood 522), a proposed Development Agreement for approximately 522.636 acres of land located in the City’s extraterritorial jurisdiction (ETJ) located southeast of the intersection of FM 1826 and FM 967, and west of Brangus Road (legal description: Tract 1- 522.25 Acres and Tract 2-0.1793 Acre out of the Freelove Woody Survey No. 23, Abstract No. 20, Hays County, Texas). Chair James seconded the motion which carried unanimously 4 to 0. G. Discuss and consider recommended action regarding an Ordinance Replacing Chapter 26 of the Dripping Springs Code of Ordinances; Amending Allowed Signs, Policies, and Procedures for Signs in the City Limits and the Extraterritorial Jurisdiction. 1. Staff Report (Laura Mueller) Planning & Zoning Commission December 17, 2018 Regular Meeting Minutes Page 6 of 8  Laura Mueller presented the staff report which is on file. The sign ordinance as presented has been revised from the October draft to address mobile food vendors. 2. Public Hearing Charles Busbey spoke in opposition to the proposed ordinance and believes the draft as presented is too restrictive. Mr. Busbey feels the ordinance should be less restrictive, allowing business to be more expressive. Ben Sorrell spoke in opposition to the proposed ordinance and feels it may create a situation where a business’ sign may not fit the business and cited the current sign at the Outpost Motel located on Ranch Road 12 as an example. 3. Chapter 26 Ordinance Laura Mueller confirmed with Commissioner Strong that the sign permit fee for real estate signs is twenty-five dollars ($25.00) and explained that appeals to decisions for denied permits are done through the Board of Adjustment. Ms. Mueller also stated that some applications for sign permit will be approved administratively, and not all requests for permits will be heard by the Planning & Zoning Commission for recommendation. The Commission requested that the ordinance provide definitions for Board of Adjustment and Non-Conforming. Chair James requested the ordinance be linked to the fee schedule, and Commissioner Strong requested that real estate signs have a turn-around of seven (7) business days. A motion was made by Vice Chair Martin to recommend City Council approval of an Ordinance Replacing Chapter 26 of the Dripping Springs Code of Ordinances; Amending Allowed Signs, Policies, and Procedures for Signs in the City Limits and the Extraterritorial Jurisdiction, with the following conditions: 1. The ordinance provides definitions for Board of Adjustment and Non- Conforming; 2. The ordinance be linked to the Fee Schedule; and 3. That real estate signs have a seven (7) business day turnaround. Commissioner Strong seconded the motion which carried unanimously 4 to 0. VI. REPORTS OF STAFF AND AGENCIES No action to be taken. A. Planning Department Projects List The Planning Department Projects List is on file and available for review upon request. VII. 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). The Planning and Zoning Commission for the City of Dripping Springs may act on any item listed in Planning & Zoning Commission December 17, 2018 Regular Meeting Minutes Page 7 of 8  Executive Session in Open Session or move any item from Executive Session to Open Session for action. The Commission did not meet in Executive Session. VIII. UPCOMING MEETINGS A. Planning & Zoning Commission: January 22, 2018 - 6:30 p.m. Regular Meeting February 18, 2018 - 6:30 p.m. Regular Meeting B. City Council & Board of Adjustment: December 18, 2018 - 6:00 p.m. Regular Meeting CANCELLED January 8, 2019 - 5:30 p.m. Workshop, 6:30 p.m. Regular Meeting January 15, 2019 - 6:00 p.m. Regular Meeting February 12, 2019 - 5:30 p.m. Workshop, 6:30 p.m. Regular Meeting IX. ADJOURN A motion was made by Vice Chair Martin to adjourn the meeting. Commissioner Hubbard seconded the motion which carried unanimously 4 to 0. This regular meeting adjourned at 8:08 p.m. Planning & Zoning Commission December 17, 2018 Regular Meeting Minutes Page 8 of 8