Planning and Zoning Commission Meeting

Planning & Zoning Commission Regular Meeting Minutes April 28, 2020 at 6:30 p.m. A Regular Meeting of the Planning & Zoning Commission was held Tuesday, April 28, 2020 beginning at 6:30 p.m. via Videoconference and in the City Hall Council Chambers located at 511 Mercer Street, Dripping Springs, Texas. I. VIDEOCONFERENCE MEETING This meeting will be held via videoconference and the public is encouraged and welcome to participate. Public comment may be given during the videoconference by joining the meeting using the information below. Public comment for this meeting may also be submitted to the City Secretary at acunningham@cityofdrippingsprings.com, no later than 4:00 p.m., Thursday, April 28, 2020. The Planning & Zoning Commission respectfully requests that all microphones and webcams be disabled unless you are a member of the Commission. City staff, consultants and presenters please enable your microphone and webcam when presenting to the Commission. Join Zoom Meeting https://zoom.us/j/94450243875?pwd=UzlPVzVyQml6MWtjM1JqOTgycEhJUT09 Meeting ID: 944 5024 3875 Password: 976741 One tap mobile +13462487799,,94450243875#,,#,976741# US (Houston) +16699009128,,94450243875#,,#,976741# US (San Jose) Dial by your location +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 253 215 8782 US 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 944 5024 3875 Password: 976741 Find your local number: https://zoom.us/u/aeqDEUA3tR Join by Skype for Business https://zoom.us/skype/94450243875 Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 1 of 10 II. 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 Commission Member absent was: Evelyn Strong City Staff/Appointed Officials present were: Michelle Fischer, City Administrator Ginger Faught, Deputy City Administrator Amanda Padilla, Senior City Planner Chad Gilpin, City Engineer Laura Mueller, City Attorney Andrea Cunningham, City Secretary Robyn Miga, Consultant City Planner Leslie Pollack, City Transportation Engineer Keenan Smith, City Architect With a quorum of the Commission present, Chair James called the meeting to order at 6:32 p.m. III. PLEDGE OF ALLEGIANCE Chair James led the Pledge of Allegiance to the Flag. Chair James held a brief moment of silence in recognition of our Emergency and First Responders, Doctors, Nurses, Scientists and Officials and the tremendous job they are doing to help in our current situation. IV. 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 Presentation of Citizens. Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 2 of 10 V. BUSINESS A. Discuss and consider approval of the February 25, 2020 Planning & Zoning Commission regular meeting minutes. A motion was made by Commissioner McIntosh to approve the February 25, 2020 Planning & Zoning Commission regular meeting minutes. Commissioner Newman seconded the motion. Upon discussion, Commissioner McIntosh and Commissioner Newman withdrew their motion and second respectively. A motion was made by Commissioner Garza to February 25, 2020 Planning & Zoning Commission regular meeting minutes with correction to Business Item F, striking vote count “3 to 3” and replacing with “3 - 1 - 1 - 1,”. Commissioner McIntosh seconded the motion which carried unanimously via roll call vote. B. VAR2020-0004: Special Exception Application to consider a special exception to Chapter 30, Section 5.6. Parking Based on Use for the property located at 330 Mercer St, Dripping Springs, TX 78620, (Legal Description: WT CHAPMAN #1, BLOCK 1, LOT 1-2 7 10, ACRES 0.3644). This Application has been withdrawn by the Applicant. Applicant: Jerome Bollom Application withdrawn April 15, 2020. No action taken. C. ZA2020-0004: Application for Zoning Amendment to consider a proposed zoning map amendment from Agricultural (AG) to Planned Development District 10 (PD 10) for an approximately 13.585 acre tract of land situated in I.V. Davis, JR. Preemption Survey, Abstract Number 673, Hays County, Texas. The property is generally located east of Founders Memorial Park. This Application has been postponed by the Applicant for May 26, 2020. Applicant: Rex Baker, Baker Attorneys Application postponed to May 26, 2020 Planning and Zoning Commission. No action taken. D. Public hearing and consideration of recommendation regarding PDD2019-0001: Application for Planned Development District to allow General Retail & Multi-Family land uses, up to 4 stories, and an excess of 40’ feet in height for property located at 27110 Ranch Road 12 (Terry’s Mobile Home Park), Dripping Springs, TX (Legal Description: A0415 PHILIP A SMITH SURVEY, ACRES 5.34, Hays County, TX) and a portion of property located at 230 Sport Park Road (Legal Description: A0415 PHILIP A SMITH SURVEY, ACRES 4.27, Hays County, TX). Applicant: Phil Roesel, CRTX Development LLC 1. Presentation Applicant Phil Roesel presented the item. 2. Staff Report Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 3 of 10  Robyn Miga, Leslie Pollack, and Keenan Smith presented the staff report which is on file. Staff recommends approval of the item with Multi-Family base zoning. 3. Public Hearing No one spoke during the Public Hearing. 4. Planned Development District A motion was made by Vice Chair Martin to recommend City Council approval of PDD2019-0001: Application for Planned Development District to allow Multi-Family land uses, up to 4 stories, and an excess of 40’ feet in height for property located at 27110 Ranch Road 12 (Terry’s Mobile Home Park), Dripping Springs, TX with staff recommendation of Multi-Family base zoning. Commissioner McIntosh seconded the motion which carried unanimously 6 to 0 via roll call vote. E. Public hearing and consideration of recommendation regarding ZA2020-0002: Application for Zoning Amendment from Agricultural (AG) to Commercial Services (CS) with a Conditional Overlay, prohibiting certain uses that are allowed by right within the CS zoning district, for an approximately 8.546 acre tract of land situated in the Benjamin F. Hanna Survey, Abstract No. 222, Section No. 28, Hays County, Texas. The property is generally located north of U.S. 290, and west of Bell Springs Road. Applicant: Rusty Staudt 1. Presentation – No presentation given. 2. Staff Report Robyn Miga presented the staff report which is on file. Staff recommends approval of zoning amendment. 3. Public Hearing No one spoke during the Public Hearing. 4. Zoning Amendment A motion was made by Commissioner Bourguignon to recommend City Council approval of ZA2020-0002: Application for Zoning Amendment from Agricultural (AG) to Commercial Services (CS) with a Conditional Overlay, prohibiting certain uses that are allowed by right within the CS zoning district, for an approximately 8.546 acre tract of land situated in the Benjamin F. Hanna Survey, Abstract No. 222, Section No. 28, Hays County, Texas. Commissioner Garza seconded the motion which carried unanimously 6 to 0 via roll call vote. F. Public hearing and consideration of recommendation regarding CUP2020-0001: Application for a Conditional Use Permit to allow a bar located at 29035 Ranch Road Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 4 of 10  12, Dripping Springs TX 78620, Legal Description: SPRINGLAKE, LOT 35A, ACRES 1.216, which is zoned Commercial Services (CS). Applicant: Neil Stokes 1. Presentation Applicant Neil Stokes presented the item. 2. Staff Report Amanda Padilla presented the staff report which is on file. Staff recommends approval with conditions as outlined in the conditional use permit attached to the staff report with the following additions: 1) Hours of Operation 12:00 p.m. – 12:00 a.m. with alcoholic beverage service ending at 11:00 p.m.; and 2) Amplified music may be played until 7:00 p.m. and that this may be revoked if amplified music becomes a nuisance. 3. Public Hearing Reese Hurley spoke during the Public Hearing and expressed concerns regarding safety and traffic. Robert Musgrove spoke during the Public Hearing also expressed concerns regarding safety and traffic, as was also concerned with the amplified music becoming a nuisance. 4. Conditional Use Permit A motion was made by Commissioner McIntosh to recommend City Council approval of CUP2020-0001: Application for a Conditional Use Permit to allow a bar located at 29035 Ranch Road 12, Dripping Springs TX 78620 as presented with the following additional staff recommendations: 1) Hours of Operation 12:00 p.m. – 12:00 a.m. with alcoholic beverage service ending at 11:00 p.m.; and 2) Amplified music may be played until 7:00 p.m. and that this may be revoked if amplified music becomes a nuisance. Commissioner Bourguignon seconded the motion which carried unanimously 6 to 0 via roll call vote. G. Public hearing and consideration of recommendation regarding CUP2020-0002: Application for a Conditional Use Permit to allow a Mobile Food Vendor Court located at 29035 Ranch Road 12, Dripping Springs TX 78620, Legal Description: SPRINGLAKE, LOT 35A, ACRES 1.216, which is zoned Commercial Services (CS). Applicant: Neil Stokes Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 5 of 10  1. Presentation Applicant Neil Stokes presented the item. 2. Staff Report Amanda Padilla presented the staff report which is on file. Staff recommends approval with conditions as outlined in the conditional use permit attached to the staff report. 3. Public Hearing Robert Musgrove spoke during the Public Hearing and expressed concerns regarding amplified music from the mobile food vendors and the possibility of adding screening/sound buffers. 4. Conditional Use Permit Neil Stokes clarified that there would be no amplified music from the mobile food vendors, and he would consider screening/buffering. A motion was made by Commissioner McIntosh to recommend City Council approval of CUP2020-0002: Application for a Conditional Use Permit to allow a Mobile Food Vendor Court located at 29035 Ranch Road 12, Dripping Springs TX 78620, with staff recommendations as outlined in the attached conditional use permit. Commissioner Garza seconded the motion which carried unanimously 6 to 0 via roll call vote. H. Public hearing and consideration of recommendation regarding CUP2020-0003: Application for a Conditional Use Permit to allow a Bar located at 400 W Hwy 290 Suite C 101, Dripping Springs TX 78620, (Legal Description: ORIGINAL TOWN OF DRIPPING SPRINGS, BLOCK PT OF 1-12, ACRES 1.27) which is zoned Commercial Services (CS). Applicant: Heather Tabor 1. Presentation Heather Tabor presented the item. 2. Staff Report Amanda Padilla presented the staff report which is on file. Staff recommends approval with conditions as outlined in the draft conditional use permit attached to the staff report. 3. Public Hearing No one spoke during the Public Hearing. 4. Conditional Use Permit Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 6 of 10  A motion was made by Commissioner McIntosh to recommend City Council approval of CUP2020-0003: Application for a Conditional Use Permit to allow a Bar located at 400 W Hwy 290 Suite C 101, Dripping Springs TX 78620 with staff recommendations as outlined in the draft conditional use permit. Commissioner Garza seconded the motion which carried unanimously 6 to 0 via roll call vote. I. Public hearing and consideration of recommendation regarding CUP2020-0004: Application for a Conditional Use Permit to allow for an extension of the bar use located at 330 Mercer St. Suite 4B, Dripping Springs TX 78620, Legal Description: WT CHAPMAN #1 , BLOCK 1, LOT 1-2 & 10, ACRES 0.3644, which is zoned Commercial Services (CS). Applicant: Jerome Bollom Commissioner McIntosh recused from this item as he holds property within one hundred feet of the business requesting a conditional use permit. 1. Presentation – no presentation was given. 2. Staff Report Robyn Miga presented the staff report which is on file. Staff recommends approval with recommendations as outlined in the staff report. 3. Public Hearing No one spoke during the Public Hearing. 4. Conditional Use Permit Amanda Padilla clarified that there is a connection inside the current bar, Grawlix, to the proposed bar in the suite next door, and Robyn Miga clarified that these are two separate bars. A motion was made by Commissioner Garza to recommend City Council approval of CUP2020-0004: Application for a Conditional Use Permit to allow for an extension of a bar use located at 330 Mercer St. Suite 4B, Dripping Springs TX 78620, with staff recommendations and the condition that staff clarify the item language for the City Council agenda. Vice Chair Martin seconded the motion which carried 5 to 0 to 1 via roll call vote, with Commissioner McIntosh recused. J. Public hearing and consideration of recommendation regarding VAR2020-0007: Special Exception Application to consider a special exception request for the property located at 540 Goodnight Trail, Dripping Springs, TX 78620, (Legal Description: POUNDHOUSE HILLS SEC 2, BLOCK B, LOT 7, ACRES 1) A special exception to Chapter 30, Section 5.15.1 Fences in Residential Areas. The special exception would allow the applicant to construct an 8-12 foot tall fence. Applicant: Shawn Davis Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 7 of 10  1. Presentation Applicant Shawn Davis gave a presentation on the item which is on file. 2. Staff Report Amanda Padilla presented the staff report which is on file. Staff recommends approval of the eight foot (8’) fence along the 105’ line indicated on the Site Plan. For the additional 135’ staff recommends the fence height be measured from the natural Grade high point on the Glosson Tract for a Maximum height of six feet (6’) above the natural grade high point. The total fence height at the property line shall not exceed twelve feet (12’) 3. Public Hearing No one spoke during the Public Hearing. 4. Special Exception A motion was made by Vice Chair Martin to recommend City Council approval of VAR2020-0007: Special Exception Application to consider a special exception request for the property located at 540 Goodnight Trail, Dripping Springs, TX 78620, with staff recommendations. Commissioner Garza seconded the motion which carried unanimously 6 to 0 via roll call vote. K. Public hearing and consideration of recommendation regarding ZA2020-0003: Application for Zoning Amendment from Agricultural (AG) to Commercial Services (CS) for an approximately 7.5 acre tract of land situated in HOWARD RANCH COMMERCIAL, Lot 1 Hays County, Texas. The property is generally located at the intersection of Ranch Road 12 and Farm to Market 150. Applicant: Bill E. Couch, Carlson Brigance and Doering, Inc. 1. Presentation Applicant Bill Couch was available for questions from the Commission. 2. Staff Report Amanda Padilla presented the staff report which is on file. Staff recommends approval of the zoning amendment. 3. Public Hearing James Fenelon spoke during the Public Hearing and expressed concerns regarding traffic, lighting, and appropriate use. 4. Zoning Amendment Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 8 of 10  A motion was made by Commissioner Bourguignon to recommend City Council approval of ZA2020-0003: Application for Zoning Amendment from Agricultural (AG) to Commercial Services (CS) for an approximately 7.5 acre tract of land situated in HOWARD RANCH COMMERCIAL, Lot 1 Hays County, Texas. Commissioner McIntosh seconded the motion which carried 5 to 0 to 1 via roll call vote, with Vice Chair Martin recused. L. Public hearing and consideration of approval regarding SUB2020-0007: to consider a replat for a property located at 4000 US Highway 290, Dripping Springs situated in Penn Subdivision, Lot PT 1A, Acres 6.029. The proposed replat would take one lot and subdivide into two lots. Applicant: Jon Thompson 1. Presentation Applicant Jon Thompson was available for questions from the Commission. 2. Staff Report Robyn Miga presented the staff report which is on file. Staff recommends approval of the replat with the condition that the applicant receive 1445 approval from the county prior to signatures. 3. Public Hearing No one spoke during the Public Hearing. 4. Replat A motion was made by Commissioner Garza to approve SUB2020-0007: to consider a replat for a property located at 4000 US Highway 290, Dripping Springs situated in Penn Subdivision, Lot PT 1A, Acres 6.029 with staff recommendations. Commissioner McIntosh seconded the motion which carried unanimously 6 to 0 via roll call vote. M. Public hearing and consideration of approval regarding SUB2020-0008: to consider a Preliminary Plat for an approximately 9.271 acre tract of land situated in A0475 A0475 - WILLIAM WALKER JR SURVEY, ACRES 28.9102, Hays County, Texas. The property is generally located at the intersection of Kibo Ridge and US Hwy 290. Applicant: Blake Rue, Oryx HW Office, Inc 1. Presentation Applicant Blake Rue was available for questions from the Commission. 2. Staff Report Amanda Padilla presented the staff report which is on file. Staff recommends approval of the preliminary plat. Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 9 of 10  3. Public Hearing No on spoke during the Public Hearing. 4. Replat A motion was made by Commissioner McIntosh to approve SUB2020-0008: to consider a Preliminary Plat for an approximately 9.271 acre tract of land situated in A0475 A0475 - WILLIAM WALKER JR SURVEY, ACRES 28.9102, Hays County, Texas. Commissioner Garza seconded the motion which carried unanimously 6 to 0 via roll call vote. VI. REPORTS OF STAFF AND AGENCIES No action to be taken. Report is on file and available for review upon request. A. Planning Projects 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 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 Meetings May 26, 2020 at 6:30 p.m. June 23, 2020 at 6:30 p.m. July 28, 2020 at 6:30 p.m. B. City Council & Board of Adjustment Meetings May 12, 2020 at 6:00 p.m. (6:00 Workshop / 6:30 Regular Meeting) May 19, 2020 at 6:00 p.m. June 9, 2020 at 6:00 p.m. (6:00 Workshop / 6:30 Regular Meeting) June 16, 2020 at 6:00 p.m. IX. ADJOURN A motion was made by Commissioner Garza to adjourn the meeting. Commissioner McIntosh seconded the motion which carried unanimously 6 to 0. This regular meeting adjourned at 9:50 p.m. Planning & Zoning Commission April 28, 2020 Regular Meeting Minutes Page 10 of 10