Planning & Zoning Commission Regular Meeting

Planning & Zoning Commission Regular Meeting City of Dripping Springs Council Chambers 511 Mercer Street – Dripping Springs, Texas Tuesday, August 27, 2024, at 6:00 PM MINUTES CALL TO ORDER AND ROLL CALL With a quorum of Commissioners present, Chair James called the meeting to order at 6:00 p.m. Commission Members Mim James, Chair Tammie Williamson, Vice Chair (absent) Christian Bourguignon (absent) Doug Crosson Eugene Foster Douglas Shumway Evelyn Strong (arrived at 6:03) Vice Chair Williamson and Commissioner Bourguignon were not present. Chair James announced that he will be absent from the scheduled meeting in September. Staff, Consultants & Appointed/Elected Officials Planning Director Tory Carpenter City Attorney Laura Mueller Deputy City Attorney Aniz Alani City Secretary Diana Boone IT Director Jason Weinstock Mayor Pro Tem Manassian PLEDGE OF ALLEGIANCE PRESENTATION OF CITIZENS A member of the public who wishes to address the Commission regarding items on the posted agenda may do so at Presentation of Citizens. For items posted with a Public Hearing, the Commission requests that members of the public hold their comments until the item is presented for consideration. Members of the public wishing to address matters not listed on the posted agenda may do so at Presentation of Citizens. Speakers are allotted two (2) minutes each and regarding issues not on the agenda and two (2) minutes per item on the agenda 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. Speakers are encouraged to sign in to speak, but it is not required. By law no action shall be taken during Presentation of Citizens. No one spoke during the Presentation of Citizens. PROCLAMATIONS & PRESENTATIONS Proclamations and Presentations are for discussion purposes only and no action shall be taken. No presentations. BUSINESS AGENDA 1. Public hearing, discussion, and consideration of approval of VAR2024-005: a variance request to waive sidewalk requirements and the fee in lieu for sidewalks associated with the Hardy Road site development permit located at 2901 W US 290. Applicant: Brian Estes, CEC Inc Eng. The Planning & Zoning Commission has the final decision for this agenda item. The same presentation applies to agenda items 1 and 2. a. Applicant Presentation Jamie Rose presented, speaking on behalf of the owners. A request was made to waive the requirements for sidewalks. b. Staff Report Staff recommends denial of the variance request. c. Public Hearing Patricia Thomson, Madelline Mathis, and Jezebele Alicea Virella spoke during the Public Hearing. d. Variance Request A motion to deny request for variance per staff recommendation was made by Commissioner Strong. Commissioner Strong withdrew the motion to deny. A new motion was made by Commissioner Strong and seconded by Commissioner Foster, to uphold the DRC’s (Development Review Committee) original recommendation from 2022. The motion carried 4 to 1 with Commissioner Crosson voting nay. The DRC’s recommendation was to approve the request with the following conditions: That sidewalks are required along the entire length of one side of the road and that sidewalks along the other side of the road are deferred until the adjacent property is developed. 2. Public hearing, discussion, and consideration of approval of VAR2024-006: a variance request to waive sidewalk requirements and the fee in lieu for sidewalks associated with the Hardy Subdivision located at 2901 W US 290. Applicant: Brian Estes, CEC Inc Eng. The Planning & Zoning Commission has the final decision for this agenda item. The same presentation applies to agenda items 1 and 2. a. Applicant Presentation Jamie Rose presented, speaking on behalf of the owners. A request was made to waive the requirements for sidewalks b. Staff Report Staff recommends denial of variance request. c. Public Hearing No one spoke during the Public Hearing. d. Variance Request A motion was made by Commissioner Strong to uphold the DRC’s (Development Review Committee) original recommendation made in 2022, with the 3 options provided. Commissioner Shumway seconded the motion, then withdrew his Second after further discussion. Commissioner Foster seconded the motion made by Commissioner Strong. The motion carried 3 to 2, with Commissioners Crosson and Shumway voting nay. The 3 alternatives recommended by the DRC are as follows: - Construct 5 ft. sidewalks on both sides of the road. - Construct 8 ft. sidewalk on one side of the road and pay fee in lieu for remaining 2 ft. - Construct 10 ft. sidewalk on one side of the road. 3. Discuss and consider approval of a recommendation to City Council regarding CUP2024-004: A Conditional Use Permit to allow a mobile food vendor at 121 Mercer Street. Applicant: Jeff Carman, Meaty Boys BBQ a. Applicant Presentation No applicant presentation. b. Staff Report Staff recommends approval with conditions. c. Public Hearing  No one spoke during the Public Hearing d. Recommendation A motion was made by Commissioner Crosson and seconded by Chair James, to recommend denying the Conditional Use Permit. The motion to recommend denial of CUP carried unanimously 5 to 0. 4. Discuss and consider approval of a recommendation to City Council regarding CUP2024-005: A Conditional Use Permit for a Wireless Transmission Facility at 27320 Ranch Road 12. Applicant: Vincent Huebinger, Vincent Gerard & Associates a. Applicant Presentation Applicant Vince Huebinger presented. b. Staff Report Staff recommends approval with the following conditions: The stealth design of the WTF shall be generally consistent with the broadleaf tree design provided by the applicant, the height of the tower shall be no more than 100 ft., and the applicant must receive staff approval of a site development permit prior to construction. c. Public Hearing Johnny Hudson and Lindsey Shell spoke concerning this item. d. Recommendation A motion was made by Commissioner Foster and seconded by Commissioner Strong, to recommend approval of the Conditional Use Permit. The motion to recommend approval carried unanimously 5 to 0. PLANNING REPORTS Reports listed are on file and available for review upon request. The Commission may provide staff direction; however, no action shall be taken. 5. Planning Department Report Planning Director Tory Carpenter presented the report. Presentation is on file. No action was taken. CLOSED SESSION The Commission has the right to adjourn into closed session on any item on this agenda and at any time during the course of this meeting to discuss any matter as authorized by law or by the Open Meetings Act, Texas Government Code Sections 551.071 (Consultation With Attorney), 551.072 (Deliberation Regarding Real Property), 551.073 (Deliberation Regarding Prospective Gifts), 551.074 (Personnel Matters), 551.076 (Deliberation Regarding Security Devices or Security Audits), and 551.087 (Deliberation Regarding Economic Development Negotiations), and 551.089 (Deliberation Regarding Security Devices or Security Audits). Any final action or vote on any Closed Session item will be taken in Open Session. No Closed Session. UPCOMING MEETINGS Planning & Zoning Commission Meetings September 24, 2024, at 6:00 p.m. October 22, 2024, at 6:00 p.m. November 26, 2024, at 6:00 p.m. City Council & Board of Adjustment Meetings September 3, 2024, at 6:00 p.m. September 17, 2024, at 6:00 p.m. October 1, 2024, at 6:00 p.m. October 15, 2024, at 6:00 p.m. ADJOURN A motion to adjourn the meeting was made by Commissioner Strong and seconded by Commissioner Shumway. The motion to adjourn the meeting carried unanimously 4 to 0. Commissioner Crosson stepped away and did not vote. The meeting was adjourned at 8:29 p.m.