ZAPCO Regular Meeting

NOTICE IS HEREBY GIVEN THAT THE ZONING AND PLANNING COMMISSION OF THE CITY OF LAKEWAY, TRAVIS COUNTY, TEXAS WILL MEET IN REGULAR SESSION on July 5, 2023 1102 Lohmans Crossing Road, Lakeway, TX 78734 9:00 AM Individuals who do not plan to attend the meeting, but wish to submit comments during the public hearings and citizen participation at the meeting may submit a comment before Noon Monday, July 3, 2023. The form can be found here: https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx Persons may also speak at the meeting. Each person speaking at the meeting shall be allotted three minutes to comment. A person registered to speak may not yield their time to another citizen. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events Page 1 ESTABLISH QUORUM AND CALL TO ORDER. 2 PLEDGE OF ALLEGIANCE. 3 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA. 4 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA. CONSENT AGENDA All items listed under the consent agenda may be approved by one motion. Members of the Commission may pull items from the consent agenda for discussion. 5 APPROVAL OF MINUTES: WEDNESDAY, JUNE 7, 2023, REGULAR ZAPCO MEETING 23-06-07 Regular ZAPCO Meeting Minutes 4-7 REGULAR AGENDA Page 1 of 60  6 SPECIAL USE PERMIT-15402 CAVALIER CANYON. CONSIDER A REQUEST FROM JASON JONES, THE AGENT FOR THE OWNER OF 15402 CAVALIER CANYON, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE AN AUTO AND BOAT DETAIL SHOP AT THIS LOCATION. • Staff report and presentation • Public Hearing • Recommendation to City Council Staff Report and Materials 8 - 35 7 SPECIAL USE PERMIT-16728 HWY 71 W. CONSIDER A REQUEST FROM DRENNER GROUP, PC, THE AGENT FOR THE OWNER OF 16728 HWY 71 W, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE AN AUTOMOBILE SERVICE STATION AT THIS LOCATION. • Staff report and presentation • Public Hearing • Recommendation to City Council Staff Report and Materials 36 - 58 8 ORDINANCE AMENDMENT: DISTRICT GB (GREENBELTS). CONSIDER A REQUEST FOR AN AMENDMENT TO SECTION 30.03.020 OF THE LAKEWAY MUNICIPAL CODE REGARDING ZONING DISTRICT GB (GREENBELTS). • Staff report and presentation • Public Hearing • Recommendation to City Council Staff Report and Materials 59 - 60 9 ADJOURN. ATTEST: Attested to this the ___ day of , 2023. Erin Carr, Building and Development Services Director CERTIFICATE: I certify that the above notice of Meeting was posted on the bulletin board of the Lakeway City Hall on this the ___ day of , 2023. Sally Buckovinsky, Building and Development Services Plans Examiner III Page 2 of 60 THE CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETINGS ARE AVAILABLE TO ALL PERSONS REGARDLESS OF ABILITY. IF YOU REQUIRE SPECIAL ASSISTANCE, PLEASE CONTACT THE CITY SECRETARY AT 512-314-7506 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. THANK YOU. The Zoning and Planning Commission may adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code including, but not limited to, 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), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code including, but not limited to, Section 321.3022 (Sales Tax Information). A quorum of the Lakeway City Council may attend this meeting in their individual, personal capacities, and might discuss items posted on the agenda as separate, private citizens (not as a collective group). No City Council deliberations or decisions will occur at this gathering. Page 3 of 60  CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETING Action Minutes of Regular Session June 7, 2023 9:00 a.m. Lakeway City Hall, 1102 Lohmans Crossing Road, Lakeway, Texas 1) Establish Quorum and Call to Order. Commission Members Present: Commissioners Nick Boyle, Judy Donahue, Dan Vardell, Matt Sherman, Nina Davis, Mary-Lynn Gibbs and Chairman Scott Olson. Also present: City Council Representative, Jennifer Szimanski 2) Pledge of Allegiance. 3) Citizens Participation for items not on the agenda. • No one spoke. 4) Citizens Participation for the consent agenda. • No one spoke. CONSENT AGENDA - All items listed under the consent agenda may be approved by one motion. Members of the Commission may pull items from the consent agenda for discussion. 5) Approval of Minutes: May 3, 2023, Regular Meeting. • Determination: Motion to approve the consent agenda by Commissioner Gibbs and seconded by Commissioner Vardell. Motion carried by a vote of 7-0. END CONSENT AGENDA 6) Special Use Permit-Home Occupation – 702 Vanguard. Consider a request from Bianca King, the owner of the property located at 702 Vanguard (Lakeway Section 7, Lot 762), for approval of a Special Use Permit for a Home Occupation Permit allowing a day care to be operated at this location. • Staff report and presentation by Ashby Grundman o Applicant and ZAPCO member, Mary Lynne Gibbs, recused herself. • Applicant, Bianca King, was present. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Sherman to recommend approval of a Special Use Permit for a Home Occupation Permit allowing a day care to be operated at 702 Vanguard to City Council. The recommendation includes that the day care hours are Monday-Friday only and a part time helper as needed is limited to no more than 15 to 20 days per year. The motion was seconded by Commissioner Donahue. Motion carried by a vote of 6-0. Page 1 of 4 Page 4 of 60 7) Special Use Permit-Short Term Rental – 213 Lido. Consider a request from Daniela Martinez Valenzuela, the owner of the property located at 213 Lido, for approval of a Special Use Permit to operate a Short Term Rental at this location. o Because the applicant was not present when this item was read into the record, a motion was made by Commissioner Vardell to postpone until the meeting on July 5, 2023. The motion to postpone the item was seconded by Commissioner Boyle. The motion carried by a vote of 7-0. o Public Hearing was opened and closed: No one spoke. o Towards the end of the meeting, the applicant’s representative, Angie Gonzalez, showed up to represent the request for a Short Term Rental. Reconsideration: After the last item (item 13) was heard, a motion was made by Commissioner Vardell to reconsider the request for a Special Use Permit to operate a Short Term Rental at 213 Lido. The motion was seconded by Commissioner Donahue. The motion carried by a vote of 7-0. • Staff report and presentation by Ashby Grundman • Applicant’s Representative, Angie Gonzalez, was present. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Boyle to recommend approval of the request for a Special Use Permit to operate a Short Term Rental at 213 Lido for a period of one year to City Council. The motion was seconded by Commissioner Gibbs. The motion carried by a vote of 7-0. 8) Variance: 1101 RR 620 North. Consider a request from Shaleesh, LLC, the agent for Cornerstone Development, the owner of the property located at 1101 RR 620 N for a variance pertaining to the parking requirements in the Lakeway Code of Ordinance. • Staff report and presentation by Ashby Grundman • Applicant’s representative was present to answer any questions. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Vardell to approve the request for a variance request pertaining to the parking requirements in the Lakeway Code of Ordinance for the property located at 1101 RR 620 North. The motion was seconded by Commissioner Sherman. Motion carried by a vote of 7-0. 9) Replat – 132 Long Wood Avenue. Consider a request from Malone Wheeler, Inc. on behalf of the City of Lakeway, the owner of approximately 3.92 acres of land located at 132 Longwood Avenue, for approval of a Replat. • Staff report and presentation by Ashby Grundman • Civil Engineer, Landon McClellan, was present. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Sherman to approve the Replat for the property located at 132 Long Wood Avenue and forward it to City Council for final approval. The motion was seconded by Commissioner Boyle. Motion carried by a vote of 7-0. Page 2 of 4 Page 5 of 60 10) Final Plat – 314 Clubhouse Drive. Consider a request from Wayne Morgan on behalf of 314 Clubhouse Drive LLC, the owner of approximately 6.36 acres of land located at 314 Clubhouse Drive south of Clubhouse Drive and east of Longwood Drive for approval of a Final Plat to be known as Enclave at Yaupon. • Staff report and presentation by Ashby Grundman • Civil Engineer, Landon McClellan, was present. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Shermanl to approve the Final Plat to be known as known as Enclave at Yaupon and forward to City Council for final approval. The motion was seconded by Commissioner Gibbs. Motion carried by a vote of 7-0. 11) Zoning Request – 2811 RR 620 South. Consider a request from Cascade Homes, on behalf of MB Winborn Trust and Gregory & Kenneth Winborn Irrevocable Trust, the owners of approximately 33.86 acres of land located at 2811 Ranch Road 620 South, for approval of a zoning change from R-1 Temp (Single-Family Temp) to PUD (Planned Unit Development). • This item has been postponed at the request of the applicant until the meeting of August 2, 2023. 12) Building Signage – Variance: 107 RR 620 South. Consider a request from Lakeside Signs on behalf of Tillman Self Storage, the owner of the property located at 107 RR 620 South, for approval of a variance related to building signage. • Staff report and presentation by Ashby Grundman • Applicant Mark Prellop with Lakeside Signs was present. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Vardell to approve the request for a variance to allow signs with a black background and white lettering to be placed over the eaves and back lit cabinet letters at the property located at 107 RR 620 South. The motion was seconded by Commissioner Boyle. Motion carried by a vote of 7-0. 13) Shopping Center Sign Plan – 2300 Lohmans Spur. Consider a request from James Provost on behalf of property owner, Lohmans Lakeway Partners, LTD, for approval of an sign plan for the Lohmans Crossing Shopping Center at 2300 Lohmans Spur. • Staff report and presentation by Ashby Grundman • Applicant James Provost was present. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Vardell to approve the request for a sign plan for the Lohmans Crossing Shopping Center at 2300 Lohmans Spur. The motion was seconded by Commissioner Gibbs. The motion carried by a vote of 7-0. Page 3 of 4 Page 6 of 60  14) Adjourn. • Chairman Scott Olson adjourned the meeting at 9:53 a.m. Minutes approved on , 2023, by a vote of . Ashby Grundman, BDS Director Page 4 of 4 Page 7 of 60 Page 1 of 28 Page 8 of 60  Erin Carr Director, Building & Development Services __________________________________________________________________________ Staff Report MEETING DATE: July 5, 2023 AGENDA ITEM: Consider a request from Jason Jones, on behalf of Karen Huffman, the owner of .4883 acres of land described as LOT 1&2 BLOCK 1 LAKE OAKS ESTATES, addressed as 15402 Cavalier Canyon Dr, for approval of a Special Use Permit to operate a vehicle and boat detailing shop. BACKGROUND INFORMATION: The applicant is requesting a Special Use Permit (SUP) to allow for the operation of a vehicle and boat detailing shop in a C-1 zoned district. This will be new construction on a site which is currently vacant. STAFF ANALYSIS: The conceptual site plan and rendering show this enterprise with a single entrance facing onto Cavalier Canyon Dr, with no entrance on RR 620. The detailing bay doors currently face the street which will require a variance from the City Building Commission if the drawn plans cannot accommodate a non-street facing garage. The adjacent properties on Cavalier Canyon Dr are zoned C-1 or C-2. The Lake Travis ISD administrative building and Lake Travis Middle School are adjacent to the back of the property, but the adjacent land use is a driveway and open space. The RR 620 expansion will take a strip of approximately 9’ of additional right-of-way from this property. City staff used the ITE Trip Generation Manual to estimate the traffic impacts for land use code 949 – Car Wash and Detail Center with six bays to be 187 vehicles per day. The trip rates were based on a single study and so should not be considered as being precise. Subjectively, this figure works out to all six detailing bays in use continually with a 15- minute turnover, so it seems that the traffic should be considerably less than that. PUBLIC NOTICE: Advertisement in the paper and notification letters were mailed out to all property owners within 200’ of this property. No comments were received at the time of writing this report. ACTION REQUESTED: ZAPCO recommendation to City Council regarding a Special Use Permit at 15402 Cavalier Canyon Dr to allow operation of a vehicle and boat detailing shop. Page 2 of 28 Page 9 of 60 Enclosures: • Aerial and Zoning Map • Property Survey • Aerial View • Property Survey with Building & • Zoning and Future Land Use Map Circulation Concept • Application • Property Description • Owner’s Letter • TxDOT Right-of-Way • Operational Data • TIA Worksheet • 200’ Notification Area Map • Code Reference for an SUP • 200’ Notification Area List • Code Reference for a C-1 District • Public Notice Page 3 of 28 Page 10 of 60 Aerial and Zoning Map Page 4 of 28 Page 11 of 60 Aerial View Page 5 of 28 Page 12 of 60 Future Land Use Map (FLUM) Page 6 of 28 Page 13 of 60 Application Page 7 of 28 Page 14 of 60 Owner’s Letter1 Page 8 of 28 Page 15 of 60 Owner’s Letter2 Page 9 of 28 Page 16 of 60 Operational Data Page 10 of 28 Page 17 of 60 200’ Notification Area Page 11 of 28 Page 18 of 60  200’ Notification List Owner Address City State Zip IYOU HEALTH LLC 15308 CAVALIER CANYON DR LAKEWAY TX 78734 SLACK TERRANCE D & MARJORIE L STE A 15400 CAVALIER CANYON DR LAKEWAY TX 78734 LAKEWAY M U D % LOYD SMITH 1097 LOHMANS CROSSING RD LAKEWAY TX 78734 STRUBAR DOUGLAS C & LAUREN H 401 RANCH ROAD 620 N STE B LAKEWAY TX 78734 LAKE TRAVIS INDEPENDENT SCHOOL SCHOOL DISTRICT 3322 RANCH ROAD 620 S LAKEWAY TX 78738 DEEB RAMZI 409 W 29TH ST AUSTIN TX 78705 HR AUSTIN GROUP LTD 3201 AZTEC FALL CV AUSTIN TX 78746 GRANCHUKOFF DAVID & HELEN 1555 COUNTY ROAD 207 LIBERTY HILL TX 78642 Page 12 of 28 Page 19 of 60 Public Notice Page 13 of 28 Page 20 of 60 Property Survey Page 14 of 28 Page 21 of 60 Property Survey with Building & Circulation Concept Page 15 of 28 Page 22 of 60 Property Description1 Page 16 of 28 Page 23 of 60 Property Description2 Page 17 of 28 Page 24 of 60 Property Description3 Page 18 of 28 Page 25 of 60  TxDOT Right-of-Way1 Page 26 of 60 Page 19 of 28  TxDOT Right-of-Way2 Page 27 of 60 Page 20 of 28 TIA Worksheet Page 21 of 28 Page 28 of 60 Code Reference for an SUP1 Sec. 30.05.002 Special Use Permits (a) Permit required. (1) No special use shall be established, operated, or maintained except as authorized by a special use permit issued in accordance with the requirements of this section. (2) A special use permit may be issued only for the special uses specified in this chapter, and only for the district where it is authorized. A special use permit may be issued by: (A) The city council, after a recommendation on the proposed permit from the zoning and planning commission, and following a public hearing, for all special use permits except those listed in subsection (B) or (C) below; (B) The zoning and planning commission, after a public hearing, for those permits for home occupation permits in residential zoning districts, when requested by the code official; or (C) The code official, for home occupation permits which comply with all provisions of sections 30.05.003, 30.05.004, and 30.05.005 in addition to renewals subject to the provisions of subsection (f)(2)(A) of this section. The code official may refer any such application to the zoning and planning commission for determination. (b) Application. An application for a special use permit shall be made in writing in a form prescribed by the city and shall be accompanied by such information as may be requested (including a site plan, if required) in order to properly review the proposed permit. Such information may include, but is not limited to, site and building plans, drawings and elevations, and operational data. The applicant, or its representative, for a special use permit shall attend all public hearings during which his application will be discussed. (c) Report by city staff. Whenever a special use permit application is to be considered by the zoning and planning commission or the city council, a designated member of the building & development services department shall visit the sites of proposed special permits and the surrounding area and shall prepare a report of findings to be given to the zoning and planning commission and the city council, as the case may be. Page 22 of 28 Page 29 of 60 Code Reference for an SUP2 (d) Notice - Public hearings required. (1) Public hearings shall be held by each body considering and/or approving each original application for a special use permit, except home occupation applications processed for approval by the code official. However, a public hearing may be held before the zoning and planning commission for permit applications or renewals approvable by the code official when requested by the code official or a neighbor of the applicant. The public hearings for permits may be a joint public hearing of the zoning and planning commission and the city council. The applicant must be present during all public hearings regarding his application. If the applicant is not present at each public hearing, the applicant's application is subject to denial. (2) When required by applicable law, rule or regulation, written notice of each hearing shall be given to the owners of all real property located within two hundred feet (200') in all directions of the property that is the subject of the hearing. Notice shall be given not less than ten (10) days prior to the date of the hearing either by personal service or by depositing a copy of the notice in the mail addressed to owners at their address as shown on the last approved city tax roll, with postage prepaid. (3) For short-term rental use applications, written notice of such hearing shall also be given to the relevant home owners/property owners association in the same manner as the required written notice to owners of all real property located within two hundred feet (200') in all directions of the subject property. (4) Such notice shall state the purpose, date, time, and place of the hearing and shall contain a brief description of the proposed permit, including its nature, scope, and location. The notice shall also describe any variances the applicant has requested and shall state the location and times at which the applications and supporting documents are available for public inspection. A telephone number shall be provided where information on the hearing(s) is or will be available at a later date. (e) Review and recommendation by the zoning and planning commission. (1) The commission shall review all nonresidential applications for special use permits to determine whether the proposed permit complies with each of the general criteria in section 30.05.003 and with the general requirements in section 30.05.005 applicable to the proposed use. Page 23 of 28 Page 30 of 60 Code Reference for an SUP3 (2) The commission shall not recommend approval of an application unless it finds that the proposed permit as presented or as modified by the commission, complies with each of the general and applicable specific criteria. (3) A recommendation of an approval may be conditioned on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria. (4) The commission shall forward its findings and recommendations to the city council, for those permits not approvable by the commission. (5) After receiving findings and a recommendation from the zoning and planning commission, and following a public hearing, the city council shall review applications for nonresidential applications for special use permits. Page 24 of 28 Page 31 of 60 Code Reference for a C-1 District1 Sec. 30.03.009 District C-1 (Office/Retail) (a) Purpose. This district is intended to provide sites for business and professional office uses and for retail shopping facilities providing goods and services. The site should also contain adequate space for required off-street parking and for buffering from residential districts. (b) Permitted uses. The following types of businesses are permitted by right within C-1 districts. (1) Professional offices, such as accountants, architects, attorneys, engineers, brokers, consultants, insurance agents, real estate agents, travel agents, administrative offices, and other such offices not listed above as may be approved by the city council; and (2) Accessory structures and uses to any of the foregoing uses. (c) Conditional uses. The following types of businesses are permitted by right within C- 1 districts unless the use is proposed for property that abuts property zoned for residential or school use or the building in which the use will operate is less than 300 feet from property zoned for residential or school use, in which case the use is subject to city council's approval of a special use permit pursuant to article 30.05. (1) Medical offices, such as physicians, dentists, physical rehabilitation facilities, and other such medical offices not listed above as may be approved by the city council; (2) Retail and Service Businesses, such as restaurants, grocery stores, bakeries, catering services, ceramic/pottery shops, hardware stores, movie theaters, drugstores, financial institutions, general retail sales, antique shops, art galleries, personal services, beauty salons, barbershops, travel agencies, florists, laundry and dry cleaning, child-care facilities, health/exercise clubs, funeral homes, nonvehicle consumer repair services, and other such businesses not listed above as may be approved by the city council; and (3) Accessory structures and uses to any of the foregoing uses. Page 25 of 28 Page 32 of 60 Code Reference for a C-1 District2 (d) Special uses. The following types of businesses may be permitted within C-1 districts subject to the city council's approval of a special use permit pursuant to article 30.05. (1) Arcades, auto/truck washing facilities, bowling alleys, cemeteries, convenience stores, fast food restaurants, private clubs/lodges, radio or TV stations, service stations, gas stations, miniature golf facilities, batting cages, entertainment centers, vehicle rental facilities, moving truck rental facilities, liquor stores, convalescent homes, nursing homes, assisted living, and addiction rehabilitation facilities. (2) Commercial wireless communications systems. (3) Any use which includes drive-through facilities. (4) Storage facilities, provided all of the following conditions are met. (A) The proposed storage facility replaces an existing nonconforming use that has a substantial relationship to the proposed project. (B) The architecture and landscaping of the proposed development complies with established standards for typical office building construction, and architectural and landscaping plans are submitted for review and approval with the special use permit application. (C) Access to individual storage units is internal and individual unit doors are not visible from outside the building. (5) Any structure used for retail or service businesses which exceeds 100,000 square feet. (6) Any single business entity or commonly controlled retail or service business (including their affiliates or subsidiaries) which have multiple structures or multiple-story buildings containing an aggregate of more than 100,000 square feet of inside and outside sales or displays. (e) Prohibited uses and structures. (1) Any activity which produces nuisances as described herein. Page 26 of 28 Page 33 of 60 Code Reference for a C-1 District3 (f) Minimum lot dimensions. Organized Sewer Private Sewerage Facility Minimum area: 1 acre 1 acre Depth (min. ft.): 200 200 Width (min. ft.): 50 150 Width of lot at street (min. ft.): 50 50 Lot coverage (max. percentage): See development ordinance. (g) Minimum building setbacks. Building footprint (sq. ft.), organized sewer or private facility when abutting a residential area: 0–50,000 sq. ft. 50,000 and greater Street(s) (ft.): 40 40 Side (ft.): 25 100 Rear (ft.): 40 100 Building footprint (sq. ft.), organized sewer or private facility when abutting a nonresidential usage: 0–50,000 sq. ft. 50,000 and greater Street(s): 40 40 Side: 10 (25 golf course) 50 Rear: 40 50 Page 27 of 28 Page 34 of 60 Code Reference for a C-1 District4 (h) Minimum landscaped buffer zones (refer to development ordinance). When abutting a: Residential area: Nonresidential usage: Street(s) (ft.): 5 5 Side (ft.): 20 5 Rear (ft.): 25 5 (i) Noise abatement. Noise abatement walls may be required for: (1) Special uses. (2) Properties abutting residential uses. (j) Maximum height. No part of any structure within this district, except for chimneys, attic ventilators and plumbing vent stacks, may exceed 32 feet in height above the highest natural grade under the slab. (Ordinance 2020-03-16-04 adopted 3/16/20) Page 28 of 28 Page 35 of 60 Page 1 of 23 Page 36 of 60  Erin Carr Director, Building & Development Services __________________________________________________________________________ Staff Report MEETING DATE: July 5, 2023 AGENDA ITEM: Consider a request from the Drenner Group, PC, on behalf of Serene Hills Partners, LP, the owner of 1.22 acres of land described as LOT 3, SERENE HILLS COMMERCIAL EAST SUBDIVISION, addressed as 16728 Hwy 71, for approval of a Special Use Permit to operate an automobile service station with no gas sales. BACKGROUND INFORMATION: The applicant is requesting a Special Use Permit (SUP) to allow for the operation of an automobile service station in a C-1 zoned district. This will be new construction on a site which is currently vacant. STAFF ANALYSIS: The requested use is for a small-scale business providing oil changes, tune-ups, and minor repairs. The site is currently undeveloped, but has existing driveways with access off Serene Hills Dr and Hwy 71. The conceptual site plan and rendering show this enterprise with entrances and services bays facing onto interior driveways. The adjacent properties are zoned C-1. City staff used the ITE Trip Generation Manual to estimate the traffic impacts for land use code 942 – Automobile Care Center with 4,400 sq ft to be 10 vehicles per day. Trips for land use code 941 – Quick Lubrication Vehicle Shop are estimated at 306 vehicles per day. Since this property is to be a combination of oil change and minor repairs, the composite trip generation will depend on the mix of uses and will vary every day, and is estimated as somewhat less than 306. PUBLIC NOTICE: Advertisement in the paper and notification letters were mailed out to all property owners within 200’ of this property. No comments were received at the time of writing this report. ACTION REQUESTED: ZAPCO recommendation to City Council regarding a Special Use Permit at 16728 Hwy 71 to allow operation of an automobile service station with no gas sales. Page 2 of 23 Page 37 of 60 Enclosures: • Aerial and Zoning Map • Subdivision Plat • Aerial View • TIA Worksheet • Zoning and Future Land Use Map • Code Reference for an SUP • Application • Code Reference for a C-1 District • Owner’s Letter • Location • Site Plan & Rendering • 200’ Notification Area Map • 200’ Notification Area List • Public Notice Page 3 of 23 Page 38 of 60 Aerial and Zoning Map Page 4 of 23 Page 39 of 60 Aerial View Page 5 of 23 Page 40 of 60 Future Land Use Map (FLUM) Page 6 of 23 Page 41 of 60 Application Page 7 of 23 Page 42 of 60 Owner’s Letter Page 8 of 23 Page 43 of 60  Location Page 44 of 60 Page 9 of 23 Site Plan & Rendering Page 10 of 23 Page 45 of 60 200’ Notification Area Page 11 of 23 Page 46 of 60  200’ Notification List Owner Address City State Zip SERENE HILLS PARTNERS LP 100 E ANDERSON LN STE 200 AUSTIN TX 78752 SERENE HILLS COMMONS LP 100 E ANDERSON LN STE 200 AUSTIN TX 78752 JPMORGAN CHASE BANK NATIONAL ASSOCIATION % LERETA LLC PO BOX 561305 DALLAS TX 75356 BMEF LAKEWAY LLC C/O ALTUS GROUP PO BOX 92129 SOUTHLAKE TX 76092 Page 12 of 23 Page 47 of 60 Public Notice Page 13 of 23 Page 48 of 60  Subdivision Plat1 Page 49 of 60 Page 14 of 23  Subdivision Plat2 Page 50 of 60 Page 15 of 23 TIA Worksheet Page 16 of 23 Page 51 of 60 Code Reference for an SUP1 Sec. 30.05.002 Special Use Permits (a) Permit required. (1) No special use shall be established, operated, or maintained except as authorized by a special use permit issued in accordance with the requirements of this section. (2) A special use permit may be issued only for the special uses specified in this chapter, and only for the district where it is authorized. A special use permit may be issued by: (A) The city council, after a recommendation on the proposed permit from the zoning and planning commission, and following a public hearing, for all special use permits except those listed in subsection (B) or (C) below; (B) The zoning and planning commission, after a public hearing, for those permits for home occupation permits in residential zoning districts, when requested by the code official; or (C) The code official, for home occupation permits which comply with all provisions of sections 30.05.003, 30.05.004, and 30.05.005 in addition to renewals subject to the provisions of subsection (f)(2)(A) of this section. The code official may refer any such application to the zoning and planning commission for determination. (b) Application. An application for a special use permit shall be made in writing in a form prescribed by the city and shall be accompanied by such information as may be requested (including a site plan, if required) in order to properly review the proposed permit. Such information may include, but is not limited to, site and building plans, drawings and elevations, and operational data. The applicant, or its representative, for a special use permit shall attend all public hearings during which his application will be discussed. (c) Report by city staff. Whenever a special use permit application is to be considered by the zoning and planning commission or the city council, a designated member of the building & development services department shall visit the sites of proposed special permits and the surrounding area and shall prepare a report of findings to be given to the zoning and planning commission and the city council, as the case may be. Page 17 of 23 Page 52 of 60 Code Reference for an SUP2 (d) Notice - Public hearings required. (1) Public hearings shall be held by each body considering and/or approving each original application for a special use permit, except home occupation applications processed for approval by the code official. However, a public hearing may be held before the zoning and planning commission for permit applications or renewals approvable by the code official when requested by the code official or a neighbor of the applicant. The public hearings for permits may be a joint public hearing of the zoning and planning commission and the city council. The applicant must be present during all public hearings regarding his application. If the applicant is not present at each public hearing, the applicant's application is subject to denial. (2) When required by applicable law, rule or regulation, written notice of each hearing shall be given to the owners of all real property located within two hundred feet (200') in all directions of the property that is the subject of the hearing. Notice shall be given not less than ten (10) days prior to the date of the hearing either by personal service or by depositing a copy of the notice in the mail addressed to owners at their address as shown on the last approved city tax roll, with postage prepaid. (3) For short-term rental use applications, written notice of such hearing shall also be given to the relevant home owners/property owners association in the same manner as the required written notice to owners of all real property located within two hundred feet (200') in all directions of the subject property. (4) Such notice shall state the purpose, date, time, and place of the hearing and shall contain a brief description of the proposed permit, including its nature, scope, and location. The notice shall also describe any variances the applicant has requested and shall state the location and times at which the applications and supporting documents are available for public inspection. A telephone number shall be provided where information on the hearing(s) is or will be available at a later date. (e) Review and recommendation by the zoning and planning commission. (1) The commission shall review all nonresidential applications for special use permits to determine whether the proposed permit complies with each of the general criteria in section 30.05.003 and with the general requirements in section 30.05.005 applicable to the proposed use. Page 18 of 23 Page 53 of 60 Code Reference for an SUP3 (2) The commission shall not recommend approval of an application unless it finds that the proposed permit as presented or as modified by the commission, complies with each of the general and applicable specific criteria. (3) A recommendation of an approval may be conditioned on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria. (4) The commission shall forward its findings and recommendations to the city council, for those permits not approvable by the commission. (5) After receiving findings and a recommendation from the zoning and planning commission, and following a public hearing, the city council shall review applications for nonresidential applications for special use permits. Page 19 of 23 Page 54 of 60 Code Reference for a C-1 District1 Sec. 30.03.009 District C-1 (Office/Retail) (a) Purpose. This district is intended to provide sites for business and professional office uses and for retail shopping facilities providing goods and services. The site should also contain adequate space for required off-street parking and for buffering from residential districts. (b) Permitted uses. The following types of businesses are permitted by right within C-1 districts. (1) Professional offices, such as accountants, architects, attorneys, engineers, brokers, consultants, insurance agents, real estate agents, travel agents, administrative offices, and other such offices not listed above as may be approved by the city council; and (2) Accessory structures and uses to any of the foregoing uses. (c) Conditional uses. The following types of businesses are permitted by right within C- 1 districts unless the use is proposed for property that abuts property zoned for residential or school use or the building in which the use will operate is less than 300 feet from property zoned for residential or school use, in which case the use is subject to city council's approval of a special use permit pursuant to article 30.05. (1) Medical offices, such as physicians, dentists, physical rehabilitation facilities, and other such medical offices not listed above as may be approved by the city council; (2) Retail and Service Businesses, such as restaurants, grocery stores, bakeries, catering services, ceramic/pottery shops, hardware stores, movie theaters, drugstores, financial institutions, general retail sales, antique shops, art galleries, personal services, beauty salons, barbershops, travel agencies, florists, laundry and dry cleaning, child-care facilities, health/exercise clubs, funeral homes, nonvehicle consumer repair services, and other such businesses not listed above as may be approved by the city council; and (3) Accessory structures and uses to any of the foregoing uses. Page 20 of 23 Page 55 of 60 Code Reference for a C-1 District2 (d) Special uses. The following types of businesses may be permitted within C-1 districts subject to the city council's approval of a special use permit pursuant to article 30.05. (1) Arcades, auto/truck washing facilities, bowling alleys, cemeteries, convenience stores, fast food restaurants, private clubs/lodges, radio or TV stations, service stations, gas stations, miniature golf facilities, batting cages, entertainment centers, vehicle rental facilities, moving truck rental facilities, liquor stores, convalescent homes, nursing homes, assisted living, and addiction rehabilitation facilities. (2) Commercial wireless communications systems. (3) Any use which includes drive-through facilities. (4) Storage facilities, provided all of the following conditions are met. (A) The proposed storage facility replaces an existing nonconforming use that has a substantial relationship to the proposed project. (B) The architecture and landscaping of the proposed development complies with established standards for typical office building construction, and architectural and landscaping plans are submitted for review and approval with the special use permit application. (C) Access to individual storage units is internal and individual unit doors are not visible from outside the building. (5) Any structure used for retail or service businesses which exceeds 100,000 square feet. (6) Any single business entity or commonly controlled retail or service business (including their affiliates or subsidiaries) which have multiple structures or multiple-story buildings containing an aggregate of more than 100,000 square feet of inside and outside sales or displays. (e) Prohibited uses and structures. (1) Any activity which produces nuisances as described herein. Page 21 of 23 Page 56 of 60 Code Reference for a C-1 District3 (f) Minimum lot dimensions. Organized Sewer Private Sewerage Facility Minimum area: 1 acre 1 acre Depth (min. ft.): 200 200 Width (min. ft.): 50 150 Width of lot at street (min. ft.): 50 50 Lot coverage (max. percentage): See development ordinance. (g) Minimum building setbacks. Building footprint (sq. ft.), organized sewer or private facility when abutting a residential area: 0–50,000 sq. ft. 50,000 and greater Street(s) (ft.): 40 40 Side (ft.): 25 100 Rear (ft.): 40 100 Building footprint (sq. ft.), organized sewer or private facility when abutting a nonresidential usage: 0–50,000 sq. ft. 50,000 and greater Street(s): 40 40 Side: 10 (25 golf course) 50 Rear: 40 50 Page 22 of 23 Page 57 of 60 Code Reference for a C-1 District4 (h) Minimum landscaped buffer zones (refer to development ordinance). When abutting a: Residential area: Nonresidential usage: Street(s) (ft.): 5 5 Side (ft.): 20 5 Rear (ft.): 25 5 (i) Noise abatement. Noise abatement walls may be required for: (1) Special uses. (2) Properties abutting residential uses. (j) Maximum height. No part of any structure within this district, except for chimneys, attic ventilators and plumbing vent stacks, may exceed 32 feet in height above the highest natural grade under the slab. (Ordinance 2020-03-16-04 adopted 3/16/20) Page 23 of 23 Page 58 of 60  Erin Carr Director, Building & Development Services ___________________________________________________________________________ Staff Report MEETING DATE: July 5, 2023 AGENDA ITEM: Consider a request for an amendment to Section 30.03.020 of the Lakeway Municipal Code regarding Zoning District GB (Greenbelts). BACKGROUND INFORMATION: City Council has expressed a desire to amend language in the Code of Ordinances to update and clarify certain sections of the current Code. STAFF ANALYSIS: The GB Zoning District was created to regulate the purpose, permitted uses and special uses for Greenbelts in the City. The current ordinance includes permissible activities and is not relevant to the zoning or use. The other sections of the Code of Ordinances regulate those activities and those are the relevant place to maintain those requirements. Proposed is an amendment to the ordinance to address the permitted uses called out in the ordinance and include types of uses rather than activity. The amendment will remove “hiking, jogging, non-motorized biking” and read going forward as: • Shared use paths, sidewalks, and nature paths and trails. PUBLIC NOTICE: Public notice is not required for a general zoning ordinance; however, City policy allows the meeting agenda and staff reports for public hearings be released at least six days prior to the meeting to allow for public review and study prior to the meeting. ACTION REQUESTED: ZAPCO recommendation to City Council regarding amending Sec. 30.03.020 of the code to clarify the permitted uses in the District GB (Greenbelts) Code. Enclosures: • Proposed amended Sec. 30.03.020 with redline Page 1 of 2 Page 59 of 60 Proposed Amended Sec. 30.03.020 District GB (Greenbelts) Page 2 of 2 Page 60 of 60