Embed Size (px)
Citation preview
Planning and Zoning Commission Agenda Page 1 January 28, 2020
NOTICE OF MEETING OF THEPLANNING AND ZONING COMMISSION
OF BUDA, TX
6:30 PM - Tuesday, January 28, 2020Council Chambers, Room 1098405 E Loop Street, Building 100
Buda, TX 78610
This notice is posted pursuant to the Texas Open Meetings Act. Notice is hereby given that a Regular Planning &Zoning Meeting of the City of Buda, TX, will be held at which time the following subjects will be discussed and maybe acted upon.
A. CALL TO ORDER
B. INVOCATION
C. PLEDGE OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND TEXAS PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG: Honor the Texas flag; I pledge allegiance to thee, Texas, one stateunder God, one and indivisible.
D. ROLL CALL
Chair Colin StrotherVice-Chair Meghan McCarthyCommissioner Henry Altmiller Commissioner Sam Ardekani Commissioner E. Scott Ross Commissioner Clark Beach Commissioner Jake Snyder
E. PUBLIC COMMENTS/PUBLIC TESTIMONY Members of the public who wish to participate in Public Comment must complete a sign-in form and turn it intothe City Clerk before the period provided for Public Comment is called for consideration by the presiding officer. Members of the public who wish to participate during the Public Testimony period provided for any item on theagenda must complete a sign-in form and turn it into the City Clerk before the item they wish to participate in iscalled for consideration by the presiding officer.
F. CONSENT AGENDA
F.1. Approval of the regular Planning and Zoning Commission meeting minutes dated January 14, 2020.
F1 Minutes from 1-14-2020 final.pdf
G. REGULAR AGENDA
1
Planning and Zoning Commission Agenda Page 2 January 28, 2020
G.1. Deliberation and possible action regarding the final plat of John Deere subdivision, being +/- 20.841acres out of the Nathan Gatlin Survey, A-198, the D.W. Burnett Survey No. 5, A-54 and the D.W. BurnettSurvey No. 6, A-53, City of Buda, Hays County, Texas, generally located east of Interstate 35 and south ofSuffield Lane (FP 19-09) (Senior Planner David Fowler) [PUBLIC TESTIMONY]
John Deere Final Plat Staff Report 1-28-2020.pdfFP 19-09-Plat 1.17.2020.pdf
H. WORKSHOP
H.1. Workshop on Level of Service Analysis and development of the Traffic Impact Analysis for the Colony atCole Springs MUD (City Engineer John Nett)
H.2. Workshop on proposed amendments to the Buda Unified Development Code (Director of PlanningMelissa McCollum)
SR 012820 UDC Amendments workshop.pdfWorkshop for UDC Amendments 01-28-2020.pdf
I. STAFF REPORTS
I.1. Update on the Bailey Property Development Agreement (Director of Planning Melissa McCollum)
J. COMMISSION REQUEST FOR FUTURE AGENDA ITEMS
K. ADJOURNMENT City Hall is wheelchair accessible and accessible parking spaces are available. Requests for accommodationsmust be made 48 hours prior to the meeting. Please contact City Hall at (512) 312-0084, or FAX (512) 312-1889for information or assistance.
I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Planning and ZoningCommission of the City of Buda, was posted on the bulletin board in front of Buda City Hall, which is readilyaccessible to the public at all times, by 5:00 pm on January 24, 2020.
/s/______________________________Melissa McCollum, AICPDirector of Planning / Board Liaison
2
Planning and Zoning Commission Agenda Page 3 January 28, 2020
Meetings scheduled in the Council Chambers are set up to publicly broadcast meetings. You may be audio and video recorded while in this facility.Meetings scheduled in other City Facilities are set up to publicly audio record meetings. You may be audio recorded in the other City Facilities.
In accordance with Article III, Section 3.10, of the Official Code of the City of Buda, the minutes of this meeting consist of the preceding MinuteRecord and the Supplemental Minute Record. Details on meetings may be obtained from the Board Liaison, or video of the entire meeting may bedownloaded from the website. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunctionor other uncontrollable factors.)
A Public Comment period will be provided to allow for members of the public to participate and speak to the Board/Commission on any topic thatis not on the meeting agenda. At this time, comments will be taken from the audience on non-agenda related topics. A Public Testimony periodwill be provided at each meeting of the Board/Commission to allow members of the public to participate and speak to the Board/Commission onany topic that is on the meeting agenda, prior to any vote on the matter up for consideration. During these periods, the presiding officer shallroutinely provide three (3) minutes to each person who desires to speak but may provide no less than one (1) minute and no more than five (5)minutes to each person addressing the Board/Commission. The amount of time provided to each person, if altered by the presiding officer, shallbe announced by the presiding officer prior to recognizing persons to speak and shall be objectively applied to all persons speaking during PublicComment or each Public Testimony period.
Attendance by Other Elected or Appointed Officials: It is anticipated that members of other governmental bodies, and/or city boards,commissions and/or committees may attend the meeting in numbers that may constitute a quorum of the body, board, commission and/orcommittee. Notice is hereby given that the meeting, to the extent required by law, is also noticed as a possible meeting of the other body, board,commission and/or committee, whose members may be in attendance, if such numbers constitute a quorum. The members of the boards,commissions and/or committees may be permitted to participate in discussions on the same items listed on the agenda, which occur at themeeting, but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that body,board, commission or committee subject to the Texas Open Meetings Act.
3
CITY OF BUDA
PLANNING AND ZONING COMMISSION
MEETING MINUTES
JANUARY 14, 2020 - 6:30 P.M.
A. CALL TO ORDER
Vice-Chair McCarthy called the meeting to order at 6:35 PM.
B. INVOCATION
C. PLEDGE OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND TEXAS
PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG: Honor the Texas flag; I pledge allegiance to
thee, Texas, one state under God, one and indivisible.
D. ROLL CALL
Commissioner Henry Altmiller
Commissioner Sam Ardekani
Present
Present
Commissioner E. Scott Ross Present
Vice-Chair Meghan McCarthy Present
Commissioner Clark Beach Present
Commissioner Jake Snyder Present
Chair Colin Strother Present (arrived at 6:45)
E. PUBLIC COMMENTS/PUBLIC TESTIMONY At this time, comments will be taken from the
audience on non-agenda related topics, for a length of time not to exceed three minutes per person. To
address the Planning and Zoning Commission, please submit a Citizen Comment Form to the City
Liaison prior to the start of the meeting. No action may be taken by the Planning and Zoning
Commission during Public Comments
No public comments were made at this meeting.
F. CONSENT AGENDA
1. Approval of the regular Planning and Zoning Commission meeting minutes dated December 10,
2019.
Commissioner Altmiller made a motion for approval of the minutes, Commissioner Ardekani
seconded the motion. The motion passed 6-0.
G. REGULAR AGENDA
G.1. Public hearing, deliberation and possible action regarding the replat of Lot 18, Block A, Marlboro
Country, being +/- 5.977 acres of land out of the Phillip J. Allen Survey, Abstract 1, City of Buda,
4
Hays County, Texas, located along the north side of Hy Road, approximately 400 feet west of FM
1626 (RP 19-14) (Senior Planner David Fowler) [PUBLIC TESTIMONY]
Senior Planner David Fowler presented the proposed subdivision which would divide the
existing platted lot into a 0.998-acre lot and another lot covering the remainder of the property.
The plat was prompted by City staff learning that the lot had been divided into two lots through
a deed of sale rather than properly subdivided when investigating the property during a code
enforcement case. The purpose of the replat was to make the division of the property legally
platted. The lack of a recorded replat was keeping the resident of the proposed larger parcel
from being able to apply for a septic permit through Hays County. Staff recommended
approval of the replat, subject to the condition that the comments in the deficiency letter which
staff issued January 9, 2020 were fully addressed prior to recordation.
During the public hearing, only one speaker, a resident of the Buda ETJ, signed up to speak.
The speaker only had general questions regarding the location of the property and the proposed
layout of the repla, but did not express any concerns. In deliberation regarding the item
Commissioners largely had questions about the environmental suitability of the replat and the
legal status of the division of land.
Commissioner Altmiller moved for approval, with Vice-chair McCarthy seconding. The
motion carried 7-0.
H. WORKSHOP
H.1 Workshop regarding the updated concept for a prospective in-City MUD ("The Colony at
Cole Springs") to be located on 160.1 acres south of Old Black Colony Road and north and
west of Cole Springs Road (Senior Planner David Fowler)
Planning Director Melissa McCollum gave a brief introduction to the status of the
project, followed by Engineering staff providing an overview of planned transportation
projects and how the projects would affect the site of the proposed development. The
engineering staff also provided details on current traffic in the project vicinity, to
further understand of the impact of the proposed development on area traffic. The
developer then provided an overview of the revised plan for development, noting that
the development would follow the R-3 and F4 zoning districts with no changes to the lot
standards in these two districts and that the bridge over Garlic Creek and the
realignment of Old Black Colony Road were now both integral features of the
development
Commissioners discussion focused on questions about what would happen if one or more
of the planned aspects of development failed or were not possible. Additional questions
were related to MUD financing for the subdivision, and what happens if the
development fails to attract enough revenue to pay the bonds, and feasibility of the 5
bridge. Questions also centered around what the bond funds would pay for, why are
the proposed impact fee refunded in the agreement, and when would the bridge be built.
The current draft development agreement had several “blanks” and numerous
questions were asked regarding elements unspecified. The Commissioners’ overall
comments centered around the additional taxes that MUD residents would have in
comparison to other city residents, the need to look out for existing residents when
evaluating large new projects, the proposed timeline and project schedule, and the
request that a complete agreement be finalized before consideration by P&Z and City
Council.
I. STAFF REPORTS
I..1 Report on the Activities of Other Boards and Commissions
Ms. McCollum briefed the Commissioners on the activities of the City’s boards, commissions
and City Council. The Commissioners’ discussion centered around the Council’s action to
approve the Subdivision Waiver requests for the Kali Kate subdivision.
I.2. Discussion of Future Agenda items
Ms. McCollum discussed planned activities for future meetings, including UDC amendments
designed to respond to recent legislative initiatives, changes to project review processes, and an
upcoming Commissioner training from the City Attorney’s office relating to P&Z’s roles and
responsibilities.
J. COMMISSION REQUESTS FOR FUTURE ITEMS
• Chair Strother asked for a presentation about how other cities are handling annexation
• Chair Strother requested an update at every meeting regarding the proposed
development on the Bailey property.
• Commissioner Ardekani requested a tutorial on the meaning of the level of service
classifications for roads and streets.
K. ADJOURNMENT
Commissioner Beach made a motion to adjourn the meeting, with Commissioner Ardekani
seconding the motion. The meeting was adjourned at 8:57 PM.
ATTEST:
David P. Fowler, AICP Senior Planner
6
________________________
Recording Secretary
7
Planning and Zoning Commission Agenda Item Report
January 28, 2020
Contact – David Fowler, AICP, Senior Planner 512-312-5745 / [email protected]
SUBJECT: DELIBERATION AND POSSIBLE ACTION REGARDING THE FINAL PLAT OF JOHN DEERE
SUBDIVISION, BEING 20.841+/- ACRES OUT OF THE NATHAN GATLIN SURVEY, A-198, THE D.W. BURNETT SURVEY NO. 5, A-54, AND THE D.W. BURNETT SURVEY NO. 6, A-53, CITY OF BUDA, HAYS
COUNTY, TEXAS, GENERALLY LOCATED EAST OF INTERSTATE 35 AND SOUTH OF SUFFIELD LANE (FP
19-09).
1. BACKGROUND/HISTORY This is the action item for considering approval of a final plat of John Deere Subdivision. The subdivision is the site of a proposed motorized vehicle dealership. The purposes of this plat are to consolidate two unplatted properties into a single lot, and to clarify the locations of the access, utility, and drainage easements through the site. The plat is a requirement for the approval of a site plan and building permit for a Vehicle/Equipment Sales business proposed for the site. The proposed use will also require a Specific Use Permit.
Water service is provided through Goforth SUD. Wastewater service will be provided through on-site septic. TxDOT is responsible for maintenance of the adjoining Interstate 35 right-of-way.
2. FINDINGS/CURRENT ACTIVITY
This plat encompasses 1 lot, covering 20.481 acres, which is within the Buda city limits. The site and several adjoining properties were annexed November 30, 2015. The zoning of the lot is B-3, Interstate 35 Business. The lot fronts on the Interstate 35 access road. The plat indicates that the applicant will be exercising the fee-in-lieu of sidewalk option, which is available for properties abutting the Interstate 35 right-of-way.
Water service will be provided by Goforth SUD. Wastewater service will be via on-site septic. Hays County requires a recorded plat for the issuance of septic permits. The site has an area within FEMA flood zone “A”, also known as the one-percent annual chance flood plain. This floodplain area is at the eastern extreme of the site, away from the area proposed to be developed. The site plan under review addresses water quality and drainage for the site.
3. FINANCIAL IMPACT
The plat is the first step towards activating the subject site towards its use as a commercial property along Interstate-35. The eventual development of the site will generate permitting fees, sales and property taxes.
8
4. ACTION OPTIONS/RECOMMENDATION
Staff recommends approval of this final plat as it is consistent with the requirements of the Unified Development Code.
5. ATTACHMENTS
Final Plat of John Deere Subdivision
9
10
11
Planning and Zoning Commission Agenda Item Report
January 28, 2020
Contact – Melissa McCollum, AICP, Director of Planning 512-312-5745 / [email protected]
SUBJECT: WORKSHOP REGARDING THE AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) REGARDING
HB 3167 AND SMALL AMENDMENTS TO DEFINITIONS AND USES (PLANNING DIRECTOR MELISSA MCCOLLUM).
1. PROJECT SUMMARY This is a workshop regarding the updated proposed language to the Unified Development Code (UDC) to address House Bill (HB) 3167 timelines for review of plats and plans. This legislation became effective September 1, 2019. The Texas Local Government Code (TLGC), Chapter 212, Municipal Regulation of Subdivision and Property Development is the chapter that addresses this regulation to the timelines for the approval of plats and plans. These changes are written as part of Section 212.009. HB 3167 also allowed cities to adopt an “Alternative Approval Process” as allowed in Section 212.0096. Buda is updating our internal Development Review Manual, which outlines the calendar dates for acceptance and approval of plats and plans. Buda is also offering an “Alternative Approvals” process that owners/developers can choose to submit plats of plans for review. The proposed UDC amendments highlight these prescribed submittal processes changes referenced in the TLGC. These changes are primarily in Subsection 3.02 Subdivision Submittal and Processing Procedures. In addition, since the adoption of the UDC, staff has identified areas that could use additional clarification. Permanent Makeup is often part of beauty salons and staff is proposing and update to the definition to support this expansion/use of permanent makeup. Overall, staff is working on a comprehensive list of potential amendments to the UDC and will bring back additional amendments to a future P&Z workshop for discussion and consideration.
2. ATTACHMENTS
DRAFT UDC Amendments redline
12
Subsection 3.02. Subdivision Submittal and Processing Procedures
3.02.01. Applicability, Completeness, and Expiration
A. Applicability
The following procedures shall apply to any subdivision related plan, including Construction
Plans, or Application that is required by the City and is submitted in accordance with this UDC.
B. Determination of Completeness for Subdivision‐Related Applications
Every required Application shall be subject to a determination of completeness by the
Responsible Official for processing the Application.
1. Acceptance Standards
The Application shall only be accepted by the Responsible Official for processing when it is
accompanied by all documents required by, and prepared in accordance with, the
requirements of this UDC. A typographical error shall not, by itself, constitute an incomplete
Application.
2. Acceptance Procedures
A determination of completeness of an Application shall be conducted in accordance with
the following procedures:
A determination of completeness shall be made by the Responsible Official not later
than the tenth (10th) business day, unless otherwise specified, after the Official Vesting
Date.
If the submitted Application is incomplete, then the Applicant shall be notified in writing
not later than the tenth (10th) business day after the Official Vesting Date.
i. Such notice shall be served by depositing it in the U.S. Postal Service, or by
electronic mail transmission, before the tenth (10th) business day following
submission of the Application.
ii. The notification shall specify the documents or other information needed to
complete the Application, and shall state the date the Application will expire (see E
below) if the documents or other information are not provided to the City.
An Application shall be deemed complete on the eleventh (11th) business day after the
Application has been received if notice is not served in accordance with b above.
If the Application is determined to be complete, the Application shall be processed as
prescribed by this UDC.
3. Acceptance shall not Constitute Compliance
A determination of completeness shall not constitute a determination of compliance with
the substantive requirements of this UDC.
4. Acceptance shall not Guarantee Approval
There is no implied intent or guarantee that an accepted and completed Application will be
approved, if after the Application is deemed complete, it is determined that the Application
does not comply with this UDC.
13
5. Effect on Prescribed Statutory Processing Deadlines
a. Standard Development Review: For the purposes of the processing timelines
described in TLGC Chapter 212, such processing timelines for 30‐day approval,
conditional approval or disapproval of subdivision‐related plats and plans and 15‐
day plan resubmission review timelines for subdivision‐related plans shall begin on
the date the application is deemed complete and all prerequisite applications and
processes have been approved. The date the application is deemed complete shall
be considered the “filed” date for the purpose of TLGC Chapter 212. Plats and Plans
submitted under the standard development review submittal scheduled shall be
acted upon by the Planning and Zoning Commission.
b. Alternative Development Review: Plats or plans submitted under the alternative
development review submittal schedule may be approved as outlined in Table 32,
Summary of Plat Types. Each application of a plat and/or plans must submit the
form or letter which elects the alternative plat and plan approval process in
accordance with TLGC 212.0096.
C. Re‐Submittal after Notification of Incompleteness
1. If the Application is re‐submitted after a notification of incompleteness, the Application shall
be processed upon receipt of the re‐submittal.
2. The statutory 30‐day time frame for Plat approvals shall begin on the date the re‐submitted
application is deemed complete and all prerequisite applications and processes have been
approved, based upon any submission date calendar adopted to establish the Official
Submission Dates date of the re‐submittal. If any Subdivision Relief Procedure (link) is
requested, the 30‐day time frame for Plat approvals shall not begin until such Subdivision
Relief Procedure is approved, disapproved or withdrawn.
3. To the extent that the information or documents submitted is not sufficient to enable the
Decision‐Maker to apply the criteria for approval, the Application may be denied on such
grounds.
D. Waiver of Right to 30‐Day Action
The Director of Planning shall be the Responsible Official to approve a Waiver of Right to 30‐Day
Action.
1. Request
An Applicant may submit in writing a Waiver of Right to 30‐Day Action, not to exceed an
extension of 30 days in accordance with State law.
2. Received
If the Applicant is requesting a Waiver of Right to 30‐Day Action, the Waiver of Right to
30‐Day Action must be received by the Director of Planning on or before the seventh
(7th) calendar day prior to the Planning and Zoning Commission meeting at which action
would have to be taken (based on the 30‐day requirement in State law) on the
Application.
14
Waiver requests that are not received by that day shall not be considered properly
submitted, and action shall be taken on the Application at such meeting as scheduled.
3. Requirements Maintained
Submission of a Waiver of Right to 30‐Day Action, and acceptance of such waiver by the
City as part of an Application, shall not be deemed in any way a waiver to any
requirement within this UDC.
A waiver from requirements herein is a separate and distinct process (see 3.06.01.
Petition for Subdivision Waiver).
E. Expiration of a Subdivision Related Application – Before Approval Decision
Pursuant to Texas Local Government Code Chapter 245, a subdivision related Application shall
automatically expire (ending all vesting claims) at the close of business on the forty‐fifth (45th)
calendar day after the Application’s Official Vesting Date, if:
1. The Applicant fails to provide documents or other information necessary to comply with the
City’s technical requirements relating to the form and content of the permit Application;
2. The City provides to the Applicant, not later than the tenth (10th) business day after the date
the Application is filed, written notice that specifies the necessary documents or other
information, and the date the Application will expire if the documents or other information
is not provided; and
3. The Applicant fails to provide the specified documents or other information necessary to
comply with the City’s requirements relating to the Application within the time provided in
the notification.
F. Vesting Begins on the Official Vesting Date
An Application shall be vested into the standards of the UDC in effect at the time of the
Application’s Official Vesting Date.
G. Right to 30‐Day Action for Plats Applications Begins on the Official Submission Date
The statutory 30‐day time frame for Plat approvals, established by TLGC 212, shall commence on
the Official Submission Date.
15
3.02.02. Actions and Notification Following Subdivision Application Decision
A. Action by the Responsible Official
1. The Responsible Official for an Application shall initiate City review and assessment of the
Application following the City’s development review procedures, consistent with TLGC
Chapter 212 and Chapter 245.
2. The Responsible Official shall also, to the extent possible, work with the Applicant by
advising on and communicating revisions that may be necessary to bring the Application into
compliance with City regulations in preparation for consideration by the appropriate
Decision‐Maker.
B. Decision
The Decision‐Maker for the Application shall approve, approve with conditions, or deny the
Application within the time period prescribed by these Subdivision Regulations and Development
Standards.
C. Conditions Attached
The Decision‐Maker may attach such conditions to the approval of an Application as are
reasonably necessary to ensure compliance with all applicable requirements of these Subdivision
Regulations and Development Standards, in which case the Application is considered denied until
the conditions are satisfied.
D. Notification of Decision
The City shall send written notice within fourteen (14) calendar days following the date of a
decision on an Application.
E. Notification of Appeal
Whenever appeal is taken from a final decision on an Application following a public hearing, or
whenever the City is to consider revocation of an Application which was obtained following a
public hearing, personal notice of the appeal or revocation proceeding shall be provided to the
Applicant.
16
Section 5. Definitions
Subsection 5.01. Words and Terms Defined
##. Alternative Development Review.
Review of submitted applications in accordance with voluntary alternative approval process in accordance
with Texas Local Government Code Section 212.0096
56. Barber or Beauty Shop
A fixed establishment or place where one or more persons engage in the practice of barbering or cosmetology, which can include full‐service beauty salons with permanent makeup,.
17
