Planning and Zoning Commission Meeting

Planning & Zoning Commission Workshop & Regular Meeting Minutes August 27, 2019 at 5:00 p.m. A Workshop and Regular Meeting of the Planning & Zoning Commission was held Tuesday, August 27, 2019 beginning at 5:00 p.m. in 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 Christian Bourguignon Martin Garza (arrived at 6:11 p.m.) John McIntosh Roger Newman Evelyn Strong City Staff/Appointed Officials present were: Michelle Fischer, City Administrator Ginger Faught, Deputy City Administrator Jason Lutz, Planning Director Amanda Padilla, City Planner II Chad Gilpin, City Engineer Laura Mueller, City Attorney Keenan Smith, City Architect (arrived at 6:30 p.m.) With a quorum of the Commission present, Chair James called the meeting to order at 5:00 p.m. II. WORKSHOP Workshop items are for discussion only. No action or vote will be taken on items listed in the Workshop. A. Presentation by legal counsel related to: (1) training on land use issues for Planning and Zoning Commission and City Council; and (2) information related to updates to the Subdivision and Site Development ordinances as required by House Bill 3167 and related changes. Laura Mueller presented the presentation to City Council and the Commission, which is on file. III. RECESS A motion was made by Vice Chair Martin to break into recess at 6:25 p.m. Commissioner Strong seconded the motion which carried unanimously, 7 to 0. IV. RECONVENE AT 6:30 P.M. 1 of 10  With a quorum of the Commission present, Chair James called the meeting to order at 6:33 p.m. V. PLEDGE OF ALLEGIANCE Vice Chair Martin led the Pledge of Allegiance to the Flag. VI. 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 the Presentation of Citizens. VII. BUSINESS A. Discuss and consider approval of the July 23, 2019 Planning & Zoning Commission Regular Meeting Minutes. A motion was made by Vice Chair Martin to approve the July 23, 2019 Planning & Zoning Commission Regular Meeting Minutes. Commissioner Newman seconded the motion which carried unanimously, 7 to 0. B. Public hearing, consideration, and recommendation regarding SUB2019-0034 : WT Chapman’s Block 5, Lots 7-12 of Chapman’s Block 3, & a portion of Philip A Smith Survey; approximately 1.775 acres of lots 7-12, Block 3, W.T. Chapman’s Third Addition and All of Block 5 W.T., Chapman’s Fifth Edition (“Chapman’s Block 5), as well as an adjacent 0.746 acre out of the Philip A. Smith Survey, located at 340 Bluff St, Dripping Springs (Legal Description: WT Chapman # 5 9-2210-18-12 Block 5 Hays County, TX). The owner has requested to table this item until further notice. Applicant: Jon Thompson 1. Presentation Jon Thompson requested to table the item till further notice. 2. Staff Report (Jason Lutz) Staff recommends the applicant table their item. 3. Public Hearing No one spoke during the Public Hearing 4. Replat A motion was made by Vice Chair Martin to table SUB2019-0034 : WT Chapman’s Block 5, Lots 7-12 of Chapman’s Block 3, & a portion of Philip A Smith Survey; approximately 1.775 acres of lots 7-12, Block 3, W.T. Chapman’s Third Addition and All of Block 5 W.T., Chapman’s Fifth Edition (“Chapman’s Block 5), as well as an adjacent 0.746 acre out of the Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 2 of 10  Philip A. Smith Survey, located at 340 Bluff St, Dripping Springs. Commissioner McIntosh seconded the motion which carried unanimously, 7 to 0. C. Public hearing, consideration, and recommendation regarding SUB2019-0039 : DRIFTWOOD SOLAGE RP; approximately 44.39 acres out of the Fannie A.D. Darden and the Freelove Woody surveys, being a replat of the entire Driftwood Solage Subdivision, Block A, Lot 1, and to add approximately 17.39 acres of unplatted land to the existing subdivision, generally located north of RR 1826, south of Darden Hill Road, east of Thurman Roberts Way, and west of Onion Creek, more specifically known as 582 Thurman Roberts Way, Dripping Springs (Hays County) Texas. Applicant: Ken Martin 1. Presentation No Presentation was given. 2. Staff Report (Chad Gilpin) Chad Gilpin presented the staff report, which is on file. Staff recommends approval with the condition that the applicant receive approval from the County before receiving City Signatures. 3. Public Hearing No one spoke during this public hearing. 4. Replat A motion was made by Vice Chair Martin to recommend approval of SUB2019-0039 : DRIFTWOOD SOLAGE RP; approximately 44.39 acres out of the Fannie A.D. Darden and the Freelove Woody surveys, being a replat of the entire Driftwood Solage Subdivision, Block A, Lot 1, and to add approximately 17.39 acres of unplatted land to the existing subdivision, generally located north of RR 1826, south of Darden Hill Road, east of Thurman Roberts Way, and west of Onion Creek, more specifically known as 582 Thurman Roberts Way, Dripping Springs with Staff recommendations. Commissioner Garza seconded the motion which carried unanimously, 7 to 0. D. Public hearing, consideration, and recommendation regarding SUB2019-0037: Bunker Ranch Replat; approximately 19.32 acres located at 2751 W US Hwy 290 Dripping Springs (Legal Description: Bunker Ranch Phase 1, Block 1, Lot 1, , Hays County, TX). Applicant: Brian Estes 1. Presentation No presentation was given. 2. Staff Report (Chad Gilpin) Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 3 of 10  Chad Gilpin presented the staff report, which is on file. Staff recommends approval of the replat. 3. Public Hearing No one spoke during the public hearing. 4. Replat A motion was made by Vice Chair Martin to recommend approval for SUB2019-0037: Bunker Ranch Replat; approximately 19.32 acres located at 2751 W US Hwy 290 Dripping Springs. Commissioner Strong seconded the motion which carried unanimously, 7 to 0. E. Public hearing, consideration, and recommendation regarding VAR2019-0009: to consider variance requests for the property located at 400 W Hwy 290, Dripping Springs, TX 78620, which is to be known as “Bldg D” (Legal Description: Original Town of Dripping Springs, north 1/2 Block 12 Hays County, Texas). Variances are being requested to Chapter 30, Section 5.7.6 regarding how mixed use structures calculate required parking, Section 5.7.7 regarding what business uses can enter into a shared parking agreement, and Section 5.7.8 to allow for increased parking in the right of way, along North Bluff Street. Applicant: Jon Thompson 1. Presentation Jon Thompson presented Item E to the Commission. The applicant stated that Dr. Ivan Meizner, owner of the property, and Larry Epp, Owner of Truly Wine, were also in attendance and are available to speak if needed. The current parking spaces available at Spring Bluff Center, prior to Building D being completed, is 69 spaces. Currently there are a few vacant parking spaces that are not being utilized. The downtown historic district already has a lack of parking. If the City calculated the parking based on individual use they would only need 30 parking spaces. They are providing 9 parking spaces. They are asking to utilize the rest of spring bluff center parking spaces. Truly Wines peak hours will be after 5pm and weekends and the Spring Bluff Center leases to majority of businesses that close at 5 p.m. thus leaving 56 parking spaces available after 5 p.m. They have provided to staff two affidavits from Larry Epp and Wallace Place. Wallace Place has offered 16 parking spaces as long as it’s after 5 p.m. They are asking that the Commission approve their variance. 2. Staff Report (Jason Lutz) Jason Lutz presented his staff report, which is on file. Staff recommends approval with the following conditions: Conditions: 1) That the applicant construct/improve existing areas within the right-of-way to help reduce the deficit between the number of parking spaces Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 4 of 10  2) That the applicant provides the required documentation outlining the proposed uses for shared parking agreements that include detailing the hours of operation for each business to ensure they are operating at different times. 3) That any conditions or requirements be completed prior to issuance of a Certificate of Occupancy for the Tasting Room. 3. Public Hearing Larry Epp, the owner of Truly wine, stated that office hours will start earlier and staff will have the ability to work from home. The tasting room will open around noon peak hours are between typical closing hours till dusk. Dr. Ivan Meizner, owner of the Spring Bluff Center, is happy to allow Truly wine to park within the rest of the complex. 4. Variances The Commission asked the Owner of Truly wine if they had a commercial kitchen. Larry Epp stated that they would not but they would have pairings with the wines like nuts, cheese, crackers, Charcuterie. The Commission stated that they have seen a shortage of parking at the Spring Bluff Center but that parking on Mercer Street is always going to be a challenge. They believe that there is a hardship when it comes to parking in the downtown historic district. They believe this is a great business to go in the downtown area and they support the business model. The commission asked the applicant how many spaces they were short. The applicant stated they were short 21 spaces. The commission stated that the applicant has 9 parking spaces for Building D and 16 secured through a parking agreement at the building located at the Corner of Wallace Street and Bluff Street. The applicant will also allow overflow parking in the rest of Spring Bluff Center. The Commission asked if any of the current tenant at Spring Bluff Center had secured parking spaces. Dr. Meizner stated that only two tenants have secured parking spaces and they have yet to have any complaints from the other tenants. A motion was made by Vice Chair Martin to look at the variances together. Chair James seconded the motion which carried unanimously, 7 to 0. A motion was made by Vice Chair Martin to recommend approval of VAR2019-0009: to consider variance requests for the property located at 400 W Hwy 290, Dripping Springs, TX 78620, which is to be known as “Bldg D” (Legal Description: Original Town of Dripping Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 5 of 10  Springs, north 1/2 Block 12 Hays County, Texas). Variances are being requested to Chapter 30, Section 5.7.6 regarding how mixed use structures calculate required parking, Section 5.7.7 regarding what business uses can enter into a shared parking agreement, and Section 5.7.8 to allow for increased parking in the right of way, along North Bluff Street with the following conditions : 1) That the applicant provides the required documentation outlining the proposed uses for shared parking agreements that include detailing the hours of operation for each business to ensure they are operating at different times. 2) 2. That any conditions or requirements be completed prior to issuance of a Certificate of Occupancy for the Tasting Room. Commissioner Bourguignon seconded the motion which carried unanimously, 7 to 0. F. Public hearing, consideration, and recommendation regarding VAR2019-0010: to consider a special exception request for the property located at 1310 W Hwy 290, Dripping Springs, TX 78620 (Legal Description: RJ Ragland Lots 5,6, 7, 19, 20A, 20B Hays County Texas). The applicant has requested an exception to the standard for front and rear yard setbacks found in the City of Dripping Springs Code of Ordinances, Chapter 30, Exhibit A Zoning Ordinance, Section 3 Zoning Districts, 3.12 Commercial Services District (CS), 3.12.4 Area Regulations. Applicant: Hill Country Senior Citizens Activity Center 1. Presentation Dominic Shaw, Chair of the Board of Directors, they are asking to build a warehouse building in order to get all the things currently in their parking lot off the parking lot except for the items such as lawn mowers, and chainsaws. They have agreed to screen a portion of their yard from the Highway. It will allow for more parking for their Citizens that they serve meals to. They are asking that the Commission approve their Variance request. 2. Staff Report (Jason Lutz) Jason Lutz presented the staff report, which is on file. Staff recommends approval with the following conditions: 1) That all outside storage be removed and placed in the proposed structure, excluding items that have chemicals such as refrigerators, lawn equipment, and other potentially hazardous materials. 2) That all remaining items (not stored in the building) be stored in an area that is screened from public view via a privacy fence. 3) That areas currently being utilized for storage be converted to additional parking spaces as shown on the attached site plan. 4) That Conditions 1, 2, 3, and any others required by the commission be completed within 3 months after the installation of the accessory structure. 3. Public Hearing Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 6 of 10  No one spoke during the public hearing. 4. Variance The applicant stated that they can comply with the 3 month date asked of him. The commission asked the applicant if there were already two auxiliary buildings now and what are they for. The applicant stated that there are two and they were used previously for the food bank. Their intent is to use those buildings currently to sort clothes but in the future they may demolish them. They are currently on the property line. Jason Lutz stated that those buildings are non-conforming buildings. The commission asked them what was to the east of the building. The applicant stated that to the east of them is their leach field for septic. A motion was made by Vice Chair Martin to recommend approval of VAR2019-0010: to consider a special exception request for the property located at 1310 W Hwy 290, Dripping Springs, TX 78620 (Legal Description: RJ Ragland Lots 5,6, 7, 19, 20A, 20B Hays County Texas). The applicant has requested an exception to the standard for front and rear yard setbacks found in the City of Dripping Springs Code of Ordinances, Chapter 30, Exhibit A Zoning Ordinance, Section 3 Zoning Districts, 3.12 Commercial Services District (CS), 3.12.4 Area Regulations with Staff recommendations. Commissioner Garza seconded the motion which carried unanimously, 7 to 0. G. Public hearing, consideration, and recommendation regarding a Zoning Amendment Ordinance related to ZA2019-0002: to consider a requested zoning change from Single- Family Residential District – Low Density (SF-1) to Multiple – Family Residential District (MF) for property located at 26700 Ranch Rd 12, Dripping Springs, Texas (Legal Description: ABS 415 9-3106-01-15 Philip A Smith Survey 10.00 AC MH- AKA Western Woods, Hays County, TX). Applicant: Jon Thompson 1. Presentation Jon Thompson requested to table the item till further notice. 2. Staff Report (Jason Lutz) No staff report was given. 3. Public Hearing No one spoke during the public hearing. Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 7 of 10  4. Zoning Amendment A motion was made by Vice Chair Martin to table the Zoning Amendment Ordinance related to ZA2019-0002: to consider a requested zoning change from Single-Family Residential District – Low Density (SF-1) to Multiple – Family Residential District (MF) for property located at 26700 Ranch Rd 12, Dripping Springs, Texas. Commissioner Newman seconded the motion which carried unanimously, 7 to 0. H. Public hearing, consideration, and recommendation regarding an ordinance amending Chapter 28, Exhibit A, Subdivision Ordinance of the Dripping Springs Code of Ordinances; establishing regulations for the subdivision of land, including preliminary plats, final plats, minor plats, replats, and plat amendments. 1. Staff Report (Laura Mueller) Laura Mueller presented the staff report to the Commission, which is on file. 2. Public Hearing No one spoke during the Public Hearing. 3. Ordinance A motion was made by Vice Chair Martin to recommend approval of an ordinance amending Chapter 28, Exhibit A, Subdivision Ordinance of the Dripping Springs Code of Ordinances; establishing regulations for the subdivision of land, including preliminary plats, final plats, minor plats, replats, and plat amendments with any changes related to Platting and Noticing. Commissioner Garza seconded the motion which carried unanimously, 7 to 0. I. Public hearing, consideration, and recommendation regarding an ordinance amending Chapter 28, Article 28.04 Subdivision Ordinance of The Dripping Springs Code of Ordinances; Establishing Regulations For Site Development; Providing For The Following: Rules; Standards; Procedures; Criminal Penalties; and, Severability 1. Staff Report (Laura Mueller) Laura Mueller presented the staff report to the Commission, which is on file. 2. Public Hearing No one spoke during the Public Hearing. 3. Ordinance A motion was made by Vice Chair Martin to recommend approval of an ordinance amending Chapter 28, Article 28.04 Subdivision Ordinance of The Dripping Springs Code of Ordinances; Establishing Regulations For Site Development; Providing For The Following: Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 8 of 10  Rules; Standards; Procedures; Criminal Penalties; and, Severability. Commissioner Garza seconded the motion which carried unanimously, 7 to 0. J. Public hearing, consideration, and recommendation regarding an Ordinance Of The City Council Of The City Of Dripping Springs, Texas Adding A Uniform Submittal Schedule For Plat Submissions As Exhibit “B” Of Chapter 28 Of The City Of Dripping Springs Code Of Ordinances As Shown As Exhibit A, In Order To Comply With Texas Local Government Code Chapter 212, Which Requires Plats To Be Reviewed Within Thirty (30) Days Of Filing Or Deemed Approved; Establishing A Repealing Clause; Providing Severability; And Providing An Effective Date. 1. Staff Report (Laura Mueller) Laura Mueller presented the staff report to the Commission, which is on file. 2. Public Hearing No one spoke during the Public Hearing. 3. Ordinance A motion was made by Vice Chair Martin to recommend approval of an Ordinance Of The City Council Of The City Of Dripping Springs, Texas Adding A Uniform Submittal Schedule For Plat Submissions As Exhibit “B” Of Chapter 28 Of The City Of Dripping Springs Code Of Ordinances As Shown As Exhibit A, In Order To Comply With Texas Local Government Code Chapter 212, Which Requires Plats To Be Reviewed Within Thirty (30) Days Of Filing Or Deemed Approved; Establishing A Repealing Clause; Providing Severability; And Providing An Effective Date. Commissioner Newman seconded the motion which carried unanimously, 7 to 0. IX. 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 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. X. UPCOMING MEETINGS A. Planning & Zoning Commission Meetings September 24, 2019 at 6:30 p.m. October 22, 2019 at 6:30 p.m. November 26, 2019 at 6:30 p.m. Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 9 of 10  B. City Council & BOA Meetings September 10, 2019 at 6:00 p.m. (6:00 p.m. Workshop / 6:30 p.m. Regular Meeting) September 17, 2019 at 6:00 p.m. October 8, 2019 at 6:00 p.m. (6:00 p.m. Workshop / 6:30 p.m. Regular Meeting) XI. ADJOURN A motion was made by Commissioner Garza to adjourn the meeting. Vice Chair Martin seconded the motion which carried unanimously, 7 to 0. This regular meeting adjourned at 8:07 p.m. Planning & Zoning Commission August 27, 2019 Workshop & Regular Meeting Minutes Page 10 of 10