MINUTES OF MEETING OF THE 
PLANNING & ZONING COMMISSION OF THE CITY OF LAMPASAS 
CITY COUNCIL CHAMBERS
405 SOUTH MAIN STREET
THURSDAY MARCH 5, 2020
6:00 P.M. 
The Planning and Zoning Commission of the City of Lampasas met in regular session on the above date with Commission Chairman Jackson presiding:

P&Z Members Present: 			City Staff Present: 		
Reese Vann 					Becky Sims, Assistant City Secretary/Zoning Administrator  
Marisa Canales					Finley deGraffenried, City Manager 	
James Skinner       				Frank Ellett, Building Official 
Bob McCauley					Rickie Roy, Public Works Director/Interim Assist. City Manager 	
Jackie Baltrun 					Jeff Smith, Fire Chief 
						Ronnie Withers, Fire Marshal 
P & Z Members Absent 
Henry Fiur 
  
REGULAR SESSION
I.	Call to order- Chairman Jackson called the meeting to order at 6:00 p.m.

II.	Announcements –Becky Sims, Zoning Administrator advised the Commission that Henry Fuir will not be in attendance this evening and has resigned his position. 

III.	Discussion and possible action regarding approval of the minutes dated February 6, 2020- Board member Canales motioned to approve the minutes, Chairman Jackson seconded the motion and with a unanimous vote the motion carried. (Fiur Absent) 

PUBLIC HEARING

IV.	Public hearing to receive citizen comments regarding approval, denial, or approval with modification(s) the rezone of .27 acres from Retail “R” to Single Residential Family-6 “SF-6”, Lampasas County, Lampasas, Texas. The property is described as Block 39, A H Barnes Lots 5-6, commonly known as 208 E 5th Street, Lampasas, Texas. 

Chair Jackson opened the public hearing to receive citizen comments.  

Becky Sims, Zoning Administrator advised of the following: 
•	The area is characterized as mixed use, the property is surrounded by single family homes, businesses and retail. 
•	The property owner is in the process of a complete remodel and the home will be used as rental property. 
•	All notifications and publications, as required by Ordinance and Statute, have been made.  Staff mailed thirty-six (36) notices to property owners within 200 feet of the applicant’s property, and to date have received four (4) in favor of the request. 

There were no citizen comments; Chair Jackson closed the public hearing 

V.	Public hearing to receive citizen comments regarding approval, denial, or approval with modification(s) a request for a Specific Use Permit (SUP) to allow for an accessory dwelling (garage apartment) in an area zoned Single Residential Family-6 “SF-6”, Lampasas County, Lampasas, Texas. The property is described as Block 39, A H Barnes Lots 5-6, commonly known as 208 E 5th Street, Lampasas, Texas. 

Chair Jackson opened the public hearing to receive citizen comments.  

Becky Sims, Zoning Administrator advised of the following: 
•	The area is characterized as mixed use, the property is surrounded by single family homes, businesses and retail. 
•	The property owner is asking the Commission to consider a Specific Use Permit to allow for an accessory dwelling (garage apartment) to provide the property with more living space. 
•	All notifications and publications, as required by Ordinance and Statute, have been made.  Staff mailed thirty-six (36) notices to property owners within 200 feet of the applicant’s property, and to date have received four (4) in favor of the request. 
	
Commission member McCauley questioned having two dwellings. Becky Sims, Zoning Administrator advised that the accessory dwelling is a subordinate of the primary structure. It cannot stand alone; the square footage does not meet the minimum square footage allotted for Single Family Residential-6. 

Chair Jackson questioned Section 38- Accessory Dwellings in the Lampasas Zoning Regulations; specifically Section 38.3 B. The accessory dwelling unit may be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure. Mrs. Sims advised that that section pertains to Agriculture District “AG”, it does not pertain in this scenario. However, most property owners do construct their garages and/or accessory structure to compliment the main structure.  Chair Jackson commented that he disagreed, that he doesn’t see why the Zoning Regulation would be written that way and it is up to interpretation. 

With no additional comments, Chair Jackson closed the public hearing   

VI.	Public hearing to receive citizen comments regarding approval, denial, or approval with modification(s) a request for a Specific Use Permit (SUP) to allow for Portable Building Sales (outdoor display) in an area zoned Commercial “C”. The property is described as 3.15 acres of the Daniel Stanley Survey, Abstract No. 631; being all of lots 1 & 2 and part of lots 3 & 4, Block 14 and 0.41 acres of School Avenue of the S.J. Harrells Addition; commonly known as 1573 Barnes Street, Lampasas Texas, Lampasas County. 

Chair Jackson opened the public hearing

Mrs. Sims advised of the following: 
•	Mr. DePalma is asking the Commission to recommend approval of a Specific Use Permit to sell Portable Buildings at his business located on Barnes Street. 
•	The property is zoned Commercial 
•	The area is characterized as mixed use, the property is surrounded by single family homes, businesses, and undeveloped land
•	All notifications and publications, as required by Ordinance and Statute, have been made.  Staff mailed ten (10) notices to property owners within 200 feet of the applicant’s property, and to date have received one (1) in favor of the request. 

	The Commission asked if the portable buildings were going to be built on site, Mr. DePalma stated no that they would be delivered on a flatbed.  

	Chair Jackson closed the public hearing with no further comments 

VII.	Public hearing to receive citizen comments regarding approval, denial, or approval with modification(s) the rezone the following tracts from Light Industrial to Multi-Family Residential-2 District “MF-2” (Apartments) 
•	Tract One- .0.96 acre out of the John Burleson Survey, Abstract No. 42 Lampasas County, Texas and including a part of Seventh Street and Lots 5 & 6 Block 21, Old Town of Lampasas. 
•	Tract Two- 0.32 acre out of the John Burleson Survey, Abstract No. 42, Lampasas County, Texas and including part of Seventh Street, Lots 6 & 7 and a part of the alley, Block 21, Old Town of Lampasas. 
•	Tract Three- 1.61 acres out of the John Burleson Survey, Abstract No. 42, Lampasas County, Texas and including part of Seventh Street, Elm Street, Lots 7 & 8 and a part of the alley, Block 21, Old Town of Lampasas.  
	
	Chair Jackson opened the public hearing
	With no citizen comments, the public hearing closed. 
              	
VIII.	Public hearing to receive citizen comments regarding amendment to text of the City of Lampasas Zoning Regulations: 
•	Section 31.3 -Planned Development Requirements to allow minimum tract area of 2 acres for a single podium structure 
•	Section A.3. -Definitions- to define a podium structure as a multi-occupancy, multi-use horizontally separated building typically with more intense land uses on the lower floors and multi-family residential on higher floors. Other combinations of land-uses may be considered as part of a  Planned Development 
•	Section 22.3 MF-2- Multi-Family Residential District (Apartments) to allow structure heights over 35 feet if part of a Planned Development, or no greater than 5 over 2 if a podium building. 

Chair Jackson opened the public hearing

Commission member McCauley disagrees with modifying Zoning Regulations based on specific projects. He doesn’t believe that the proposed development will fit on 2 acres.  

Mrs. Sims advised that there is a need. The Zoning Regulations were adopted in 1999 and there are several areas that are in need of updating to accommodate new development.  While researching the prospective development we realized that there is nothing in our Zoning Regulations where this type of mixed-use development would fit.  Planned Development is more geared towards multiple structures in a defined area. We want to allow more latitude and flexibility for those potential developments that may not need 3 acres of land; as 2 acres may be more feasible. This is a trend, several multi-story mixed used structures have been or are being built in cities around us.  We want to promote new development. 

Chair Jackson questioned if the Podium Structure definition is adequate and would meet the needs of this project.  Staff advised yes, that the definition was published by the American Planning Association (APA) 

Commission members Baltrun and Vann both voiced their approval of amending the text as needed. Commission member Baltrun stated that she trusted Staff to make the right decisions and do their due diligence to ensure the new development is compliant with Zoning Regulations. 

With no further discussion the public hearing was closed. 

REGULAR SESSION

IX.	Discussion and possible action regarding request from Mr. Eric McKellep to consider approval, denial, or approval with modification(s) the rezone of .27 acres from Retail “R” to Single Residential Family-6 “SF-6”, Lampasas County, Lampasas, Texas. The property is described as Block 39, A H Barnes Lots 5-6, commonly known as 208 E 5th Street, Lampasas, Texas. 

Commission member Baltrun motioned to approve the request, Vann seconded the motion and with a unanimous vote the motion carried (Fiur absent) 

X.	Discussion and possible action regarding request from Mr. Eric McKellep to consider approval, denial, or approval with modification(s) a request for a Specific Use Permit (SUP) to allow for an accessory dwelling (garage apartment) in an area zoned Single Residential Family-6 “SF-6”, Lampasas County, Lampasas, Texas. The property is described as Block 39, A H Barnes Lots 5-6, commonly known as 208 E 5th Street, Lampasas, Texas. 
	
	Commission member Baltrun motioned to approve the request, Vann seconded the motion, Skinner and Canales both approved, McCauley and Jackson were opposed and Fiur was absent. The motion carried with 4 in favor of the request. 

XI.	Discussion and possible action regarding request from Mr. Jeff Depalma owner of LJD Sales to consider approval, denial or approval with modification(s) a request for a Specific Use Permit (SUP) to allow for Portable Building Sales (outdoor display) in an area zoned Commercial “C”. The property is described as 3.15 acres of the Daniel Stanley Survey, Abstract No. 631; being all of lots 1 & 2 and part of lots 3 & 4, Block 14 and 0.41 acres of School Avenue of the S.J. Harrells Addition; commonly known as 1573 Barnes Street, Lampasas Texas, Lampasas County. 

Commission member Skinner motioned to approve the request, Canales seconded the motion and with a unanimous vote the motion carried (Fiur absent) 

XII.	Discussion and possible action regarding request from Mr. Mike Irvin to consider approval, denial, or approval with modification(s) the rezone of the following tracts from Light Industrial to Multi-Family Residential-2 District “MF-2” (Apartments) 
•	Tract One- .0.96 acre out of the John Burleson Survey, Abstract No. 42 Lampasas County, Texas and  	including a part of Seventh Street and Lots 5 & 6 Block 21, Old Town of Lampasas. 
•	Tract Two- 0.32 acre out of the John Burleson Survey, Abstract No. 42, Lampasas County, Texas and 	including part of Seventh Street, Lots 6 & 7 and a part of the alley, Block 21, Old Town of Lampasas. 
•	Tract Three- 1.61 acres out of the John Burleson Survey, Abstract No. 42, Lampasas County, Texas and 	including part of Seventh Street, Elm Street, Lots 7 & 8 and a part of the alley, Block 21, Old Town of 	Lampasas.  

Commission member Skinner motioned to approve the request, McCauley seconded the motion and with a unanimous vote the motion carried (Fiur absent) 

XIII.	 Discussion and possible action regarding approval of amendments to text of the Lampasas Zoning Regulations: 

•	Section 31.3 -Planned Development Requirements to allow minimum tract area of 2 acres for a single podium structure 

Commission member Skinner motioned to approve the request, Canales seconded the motion, Vann and Baltrun both approved, McCauley was opposed. The motion carried. (Fiur absent) 

•	Section A.3. -Definitions- to define a podium structure as a multi-occupancy, multi-use horizontally separated building typically with more intense land uses on the lower floors and multi-family residential on higher floors. Other combinations of land-uses may be considered as part of a  Planned Development 

Commission member Skinner motioned to approve the request, McCauley seconded the motion and with a unanimous vote the motion carried (Fiur absent) 

•	Section 22.3 MF-2- Multi-Family Residential District (Apartments) to allow structure heights over 35 feet if part of a Planned Development, or no greater than 5 over 2 if a podium building. 
Commission member Canales motioned to approve the request, McCauley seconded the motion and with a unanimous vote the motion carried (Fiur absent) 

XIV.	 Adjourn- The meeting was adjourned at 7:07 p.m.

    	PASSED AND APPROVED THIS __________________day of___________, 2020

		  ____________________________			 		   Jeff Jackson, Chairman   
ATTEST: 

	_______________________________________
Becky Sims, Assistant City Secretary/Zoning Administrator