Planning and Zoning Commission Meeting

Planning & Zoning Commission Regular Meeting Minutes October 22, 2019 at 6:30 p.m. A Regular Meeting of the Planning & Zoning Commission was held Tuesday, October 22, 2019 beginning at 6:30 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 Martin Garza Christian Bourguignon Roger Newman John McIntosh Evelyn Strong City Staff/Appointed Officials present were: Jason Lutz, Planning Director Amanda Padilla, City Planner Laura Mueller, Assistant City Attorney With a quorum of the Commission present, Chair James called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE Chair James led the Pledge of Allegiance. III. PRESENTATION OF CITIZENS A member of the public who desires to address the Commission regarding any item on an agenda for an open meeting may do so at presentation of citizens before an item or at a public hearing for an item during the Commission’s consideration of that item. Citizens wishing to discuss matters not contained within the current agenda may do so, but only during the time allotted for presentation of citizens. Speakers are allowed two (2) minutes to speak during presentation of citizens or during each public hearing. Speakers may not cede or pool time. Members of the public requiring the assistance of a translator will be given twice the amount of time as a member of the public who does not require the assistance of a translator to address the Commission. It is the request of the Commission that members of the public wishing to speak on item(s) on the agenda with a noticed Public Hearing hold their comments until the item(s) are presented for consideration. Speakers are encouraged to sign in. Anyone may request a copy of the City’s policy on presentation of citizens from the city secretary. By law no action may be taken during Presentations of Citizens. No one spoke during the Presentation of Citizens. IV. BUSINESS Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 1 of 8  A. Discuss and consider approval of the September 24, 2019 Planning & Zoning Commission Regular Meeting Minutes. A motion was made by Vice Chair Martin to approve the September 24, 2019 Planning and Zoning Commission Regular Meeting. Commissioner Bourguignon seconded the motion which carried unanimously, 7 to 0. B. Discuss and consider approval of the 2020 Planning & Zoning Commission Meeting Calendar. 1. Reschedule November 24, 2020 Regular Meeting 2. Reschedule December 22, 2020 Regular Meeting A motion was made by Commissioner Garza to approve the 2020 Planning and Zoning Commission with the following changes 1. Reschedule the November 24, 2020 meeting to November 18, 2020 2. Reschedule the December 22, 2020 meeting to December 16, 2020. Vice Chair Martin seconded the motion which carried unanimously, 7 to 0. C. Public hearing, consideration, and recommendation regarding SUB2019-0025: a Replat for property located at 31300 Ranch Road 12, Dripping Springs, Texas (Legal Description: Johnson Park, Lot 2, Acres 18.93, Hays County, TX). Applicant: Jon Thompson 1. Presentation Jon Thompson presented the Replat to the Commission. He stated that the applicant has received the 1445 Approval Letter from Hays County and are hoping that the Commission approves the plat. 2. Staff Report Jason Lutz presented the staff report, which is on file. Staff recommends approval of SUB2019-0025. Jason Lutz wanted the commission to know that a neighbor did come into City Offices today and was concerned about the drainage from this property onto his property. 3. Public Hearing No one spoke during the public hearing. 4. SUB2019-0025 Commission asked Mr. Brooks if he would like to comment on this replat. Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 2 of 8  Henry Brooks said he doesn’t have an objection with the Site plan he just has issues with Water Drainage to his property. A motion was made by Vice Chair Martin to recommend approval of SUB2019-0025: a Replat for property located at 31300 Ranch Road 12, Dripping Springs, Texas. Commissioner Newman seconded the motion which carried unanimously, 7 to 0. The Commission noted that they wanted staff, specifically the City Engineer, to take a good look at the Site Plan for the project and address drainage if applicable. D. Public hearing, consideration, and recommendation regarding VAR2019-0012: a Variance Request to the requirements in Dripping Springs Code of Ordinances Chapter 28: Subdivisions and Site Development, Exhibit A Subdivision Ordinance, Section 14.2: Frontage requiring all proposed lots to have street frontage and regarding property located at 201 N. Creekwood Drive, Dripping Springs, Texas (Legal Description: LANIER RANCH, Lot 1H-1r, ACRES 31.78). Applicant: Dunn Schmitt, LLC 1. Presentation Mike Weaver, Weaver Surveying, presented the item for the applicants. This property is a irregular shaped large tract, 31 acres, that is within the City’s ETJ. The tract does not have a lot of road frontage The owners are waning to divide that lot into an 11 acre tract and a 20 acre tract .The 11 acre tract does not have direct access to Creekwood Dr. and will require a shared access easement. It will be unreasonable to reconfigure to allow frontage because it would cause a flag lot that the County would not approve. 2. Staff Report Jason Lutz presented the staff report to the commission. Staff recommends approval of the requested Variance. 3. Public Hearing Jon Thompson spoke for the share access easement and thinks that shared access easements help to keep the Rural nature of the County and ETJ. 4. VAR2019-0012 The Commission asked staff if the property owner will always have access to the property through that shared access. Jason Lutz stated that they will have access till the life of the plat and the City will make sure that the instrument number for the easement will be recorded on the Plat. A motion was made by Vice Chair Martin to approve the VAR2019-0012: a Variance Request to the requirements in Dripping Springs Code of Ordinances Chapter 28: Subdivisions and Site Development, Exhibit A Subdivision Ordinance, Section 14.2: Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 3 of 8  Frontage requiring all proposed lots to have street frontage and regarding property located at 201 N. Creekwood Drive, Dripping Springs, Texas. Commissioner Garza seconded the motion which carried unanimously, 7 to 0. E. Public hearing, consideration, and recommendation regarding VAR2019-0013: a Variance Request to the requirements in Dripping Springs Code of Ordinances Chapter 28: Subdivisions and Site Development, Exhibit A Subdivision Ordinance, Section 14.2: Frontage requiring all proposed lots to have street frontage and regarding property located at 200 Homestead Lane, Dripping Springs, Texas (Legal Description: Springlake, Lot 103, Acres 3.654, Hays County, TX). Applicant: Christine M. Methvin 1. Presentation Christine Methvin presented the item to the Commission. The applicant is hoping to subdivide the 1 lot into 2 lots. They originally had a flag lot planned out but the County discouraged the flag lot. So now they are hoping the commission will approve their shared access easement. 2. Staff Report Jason Lutz presented the staff report, which is on file. Staff recommends approval of the requested Variance. 3. Public Hearing No one spoke during the Public Hearing. 4. VAR2019-0013 A motion was made by Vice Chair Martin to approve VAR2019-0013: a Variance Request to the requirements in Dripping Springs Code of Ordinances Chapter 28: Subdivisions and Site Development, Exhibit A Subdivision Ordinance, Section 14.2: Frontage requiring all proposed lots to have street frontage and regarding property located at 200 Homestead Lane, Dripping Springs, Texas. Commissioner Garza seconded the motion which carried unanimously, 7 to 0. F. Public hearing, consideration, and recommendation regarding CUP2019-0008: an Application for Conditional Use Permit to allow for ninety-six (96) additional multifamily units at property located at Kibo Ridge at Headwaters, Dripping Springs, Texas (Legal Description: A0475 A0475 - William Walker Jr Survey, ACRES 28.9102). Applicant: Blake Rue 1. Presentation Blake Rue presented the item to the Commission, the presentation on file. Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 4 of 8  2. Staff Report Jason Lutz presented the staff report, which is on file. Staff recommends approval of the requested Conditional Use Permit. 3. Public Hearing Beth Johnson spoke about her concerns with traffic and the look of the development, she is not against Multi-family developments. Victor Hamilton spoke about his concerns with the increase in traffic and density. Richard Thielen spoke about his concerns with development along 290, commercial development, traffic, and lighted intersections. He didn’t think that the commercial the city is seeing now is very sustainable and the City needs to look at more sustainable commercial development. Brad Janowski spoke about his concerns with the way that the development is set up right now in regards to traffic. 4. CUP2019-0008 The Commission voiced their concerns about the traffic from Hwy 290 and Kibo Ridge and the potential chance of car accidents. The Commission asked Jason Lutz to present his conditions for this Conditional Use Permit. Jason Lutz stated that his conditions were 1. That an additional 6.64 acres be dedicated to “retail” land uses instead of “commercial” land uses, as commercial could include personal services & offices which do not increase sales tax. 2. That the applicant provides or explores connectivity options to the west in order to facilitate movement between properties instead of relying on HWY 290 as access. 3. Other conditions from P&Z and Staff The Commission thought that there were issues with Flores, Mexican Restaurant, and the Creek Rd Subdivision in regards to access that prevented the Lighted intersection. Blake Rue stated that they had approached Kirby Springs about creating a lighted intersection but Creek Rd would have to become a public road with dedication to the County. They did not receive any engagement so they had to move to what Kibo Springs looks like now. The issue with Flores and the Creek Rd subdivision would have cause Flores current driveway to be closed off and placed on Creek Rd. Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 5 of 8  The Commission agreed that Hwy 290 is extremely dangerous but the Commission needs to focus on the CUP to add 54 additional units than what the Development Agreement allows to the ridge at headwaters. The Commission acknowledged that Residential use would create less traffic than the Commercial use would. Jason Lutz stated that no TIA has been done for this project and since there are no specific commercial uses identified staff could not determine the number of trips generated or the impact commercial uses would have so there is no way to tell what the exact numbers would be. The Commission asked Commissioner Martin, as a liaison to the Transportation Committee, to take these concerns and discuss them with the Transportation Committee. The Commission asked Black Rue what has changed since the Planned Development District #6 was first created. Blake Rue stated that they have more sewage capacity than they previously knew they had that allows them to add a few more units. Also when they are initially planning it is very difficult to project far into the future, but since that time the market has matured and they figured out that the market can handle 50 or so more units. The Commission asked if this will affect the senior citizen apartment complex. Jason Lutz stated that the senior citizen apartments are capped at 200 units. Blake Rue stated that the senior citizen apartment is 174-200 Units. He stated that it will not go any higher. It may be less. The Commission asked if the applicant has the ability to move the amount of units for the Senior Citizen apartments to the Ridge. Blake Rue stated that they are fine with a Condition that places the additional units just for the Ridge and limit the amount of units for the Ridge. The Commission asked if the Apartments are going to be three stories like the ones currently built. Blake Rue stated that they would. The PDD allowed for four stories but they only built three stories. The Commission asked what the intention was for the commercial pads near the apartments. Blake Rue stated that he imagines they will be neighborhood retail. The Commission asked how a Conditional Use Permit term expiration of 2 years would work for this type of Project. Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 6 of 8  Laura Mueller stated that since this is under the Planned Development District she does not think that the 2 years will apply in this situation. The Commission asked what benefits the City gets with the Change in these plans. Blake Rue stated that it will increase their tax base and it will help them to sell land so that they can keep momentum in their project and help them move forward with the large commercial tract. He believes the Community will benefit tax wise. They are doing this to provide needed services to the community. The Commission asked Staff if it would be better to do some more research on this project. Laura Mueller informed the Commission that a CUP must be acted on and cannot be postponed by the Commission. A motion was made by Vice Chair Martin to approve CUP2019-0008: an Application for Conditional Use Permit to allow for ninety-six (96) additional multifamily units at property located at Kibo Ridge at Headwaters, Dripping Springs, Texas. Commissioner McIntosh seconded the motion which carried 4 to 3, with Chair James and Commissioners Garza and Strong against. G. Public hearing, consideration, and recommendation regarding Proposed Amendments to Chapter 30 of the City of Dripping Springs Code of Ordinances including Amendments related to the number of members of the Planning & Zoning Commission and Amendments related to appeals to the Board of Adjustment and City Council. 1. Presentation No Presentation given. 2. Staff Report Laura Mueller presented the Staff report, which is on file. She stated that the one thing that changed was that they are not planning on adding alternates for the Planning and Zoning Commission. 3. Public Hearing No one spoke during the Public Hearing. 4. Proposed amendments Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 7 of 8  A motion was made by Commissioner Garza to recommend approval of the Proposed Amendments to Chapter 30 of the City of Dripping Springs Code of Ordinances including Amendments related to the number of members of the Planning & Zoning Commission and Amendments related to appeals to the Board of Adjustment and City Council. Vice Chair Martin seconded the motion which carried unanimously, 7 to 0. V. REPORTS OF STAFF AND AGENCIES No action to be taken. A. Planning Projects 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). 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. VII. UPCOMING MEETINGS A. Planning & Zoning Commission Meetings November 20, 2019 at 6:30 p.m. December 18, 2019 at 6:30 p.m. B. City Council & BOA Meetings November 5, 2019 at 6:00 p.m. (6:00 Workshop/6:30 Regular Meeting) November 12, 2019 at 6:00 p.m. December 10, 2019 at 6:00 p.m. (6:00 Workshop/6:30 Regular Meeting) VIII. ADJOURN A motion was made by Vice Chair Martin to adjourn the meeting. Commissioner Garza seconded the motion which carried unanimously, 7 to 0. The meeting adjourned at 8:44 p.m. Planning & Zoning Commission October 22, 2019 Regular Meeting Minutes Page 8 of 8