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 October 4, 2023 1102 Lohmans Crossing Road, Lakeway, TX 78734 9:00 a.m. 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 through our online form: https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx Comments received by the 12:00 p.m. deadline Monday, October 2, 2023 will be provided to the Zoning and Planning Commission. 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, SEPTEMBER 6, 2023, REGULAR ZAPCO MEETING 23-09-06 Regular ZAPCO Meeting Minutes 4-8 END CONSENT AGENDA 6 WORKSHOP – VARIANCES • Staff report and presentation • No action will be taken Staff Report and Materials 9 - 28 Page 1 of 99  7 SPECIAL USE PERMIT – 1310 RR 620 S, SUITE A-12. CONSIDER A REQUEST FROM SONGWRITERS TX LLC, THE AGENT FOR THE OWNER OF AT 1310 RANCH ROAD 620 SOUTH, SUITE A-12 (THE CIGAR BAR), FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE AN ARCADE WITHIN AN EXISTING LEGAL NONCONFORMING USE. • Staff report and presentation • Public Hearing • Recommendation to City Council Staff Report and Materials 29 - 63 8 MONUMENT SIGN – SERENE HILLS DRIVE AND SERENE HILLS PASS. CONSIDER A REQUEST FROM JILLIAN RICE OF SEVEN CUSTOM HOMES, OWNER OF THE LAKEWAY ESTATES SUBDIVISION, FOR THE INSTALLATION OF A MONUMENT SIGN FOR THE SUBDIVISION ENTRANCE AT THE INTERSECTION OF SERENE HILLS DR AND SERENE HILLS PASS. • Staff report and presentation • Public Hearing • Determination Staff Report and Materials 64 - 74 9 VARIANCE REQUEST – 5201 BEE CREEK RD. CONSIDER A REQUEST FROM KIW LAKEWAY VENTURE LLC, THE OWNERS OF THE PROPERTY LOCATED AT 5201 BEE CREEK ROAD, FOR APPROVAL OF A VARIANCE TO SECTION 28.08.003 OF THE LAKEWAY CODE OF ORDINANCES PERTAINING TO THE EXPIRATION OF SITE DEVELOPMENT PLANS. • Staff report and presentation • Public Hearing • Determination Staff Report and Materials 75 - 99 10 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. Page 2 of 99 Ashby Grundman, Assistant City Manager 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 99  CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETING Action Minutes of Regular Session September 6, 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 Dan Vardell, Judy Donahue, Nina Davis, Wes Hook , Nick Boyle, Matt Sherman and Chairman Scott Olson. Also present: City Council Representative, Gretchen Vance. 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: August 2, 2023, Regular Meeting. • Determination: A motion was made by Commissioner Vardell to approve the consent agenda. The motion was seconded by Commissioner Boyle. Motion carried by a vote of 7-0. END CONSENT AGENDA  At 9:02 am pursuant to Section 551.071 of the Texas Government Code, the Commission adjourned into an executive session for consultation with the City Attorney and reconvened in open session at 9:24 am. • No action was taken during the executive session. 6) Zoning Request – 16405 Clara Van. Consider a request from Masterplan, on behalf of The Creek at Hurst Harbor, LLC, the owner of approximately 26.934 acres of land located at 16405 Clara Van (11 Tracts out of I.H. Person Survey No. 628 in Travis Co., TX and Lots 10, 10-A, and 12 of Bar-S Ranch Subdivision, No. 2), for approval of a zoning change from M (Marina) and R-6 (Single-Family Residential - Rural) to PUD (Planned Unit Development) and an amendment to the Future Land Use Map (FLUM) from Residential and Commercial to Mixed- Use. Page 1 of 5 Page 4 of 99  • Staff report and presentation by Erin Carr • Owner, Rip Miller was present as well as Architect Bob Shelton and Engineer Travis Montgomery.  The commission took a break from 10:48 am to 10:59 am. • Public Hearing: James Gattis spoke in support of the request stating that he doesn’t want to look at the current “eyesore” and does not care what goes in as long as it replaces the existing structures. Fred Tarabay stated that the traffic impact analysis does not make sense to him and that he has traffic concerns. Mitch Hoban Sr. spoke in opposition of the request and believes that the project will have a negative impact on property value, traffic, tax revenue, light pollution, noise, safety and water availability. It will also cause constant construction traffic for years. Dallas Richard expressed his opposition to the request and stated that he is not seeing the greater for the City or the residents of Lakeway. Mary Hickey expressed opposition to the request and shared her concerns about the impact on boat traffic, particularly about boats potentially being blocked from getting in and out. Mitch Hoban Jr. stated that he does not believe that the units will sell for $2.5 million and is concerned about the impact on traffic. Louis Rivera expressed his opposition and concerns pertaining to increased traffic. Rich Schmitt stated that he believes that the height of the buildings in a residential district is inappropriate and stated that the proposed development is inconsistent with the Comprehensive Plan and Parks Plan. Charles Neuenschwander is concerned that the project will impact the park as it is know now and believes that the proposed development is more appropriate in New York City or San Francisco. Brian Hickey expressed concerns about the impact on the 12 slip boat dock at Lohmans Crossing Estates and believes that the development will impact their lifestyle. John Lawrence believes that change should reflect the character of Lakeway and be in accordance with the Comprehensive Plan and 2022 Financial Plan. He believes that the proposal is incompatible with surrounding residential homes. Lois Willis expressed her opposition as well as concerns about traffic and water availability. Jerry Phillips shared concerns about traffic, aesthetics, wildlife, views being blocked, time it will take to construct and impact on endangered species. Rachel Mills is concerned about crime, foot traffic and impact on school district. Laurie Roach is strongly opposed to the development and expressed concerns about the impact on the quality of life as well as environmental, cultural and financial concerns. Gil Dominy expressed his opposition to the request stating that he does not believe that it is a benefit to Lakeway Residents. Boris Tilim expressed his opposition. He does not believe that the project is compatible with Lakeway. Jordan Runge stated that the project will destroy the fabric of the neighborhood. He also expressed concerns about traffic, blinding curves, length of construction and incompatibility in a residential neighborhood were also shared. He urges that the request be denied. Heather Teel stated that she is not necessarily opposed to the Marina changing or growing but does not believe that the building needs to be this large and hopes that it will be scaled down. Reena Nazir expressed her opposition. Robert Wells expressed safety, traffic, and emergency access concerns. Page 2 of 5 Page 5 of 99  Nicholas Venezia stated his opposition and expressed that he is concerned about resources. John Holcroft shared his concerns related to the height of the building as well as one entrance in and out and the circulation pattern around the traffic circle, the number of required variances, traffic circulation, impervious cover and tax generation. Gary Smalley stated his opposition and shared that his view of the lake will be blocked. Jim Gatto is concerned about the increase to boat traffic and injuries and the increase to vehicular traffic and noise. Kerry Henson is opposed to the proposed request and does not believe the proposed development to be a benefit to Lakeway. • Public Hearing was closed.  The commission took a break from 12:16 pm to 12:25 pm. • Commission discussion/action: o Motion 1 (FLUM): A motion was made by Commissioner Vardell to recommend denial of an amendment to the Future Land Use Map (FLUM) from Residential and Commercial to Mixed-Use to City Council. The motion was seconded by Commissioner Donahue. Motion carried by a vote of 7-0. o Motion 2: A motion was made by Commissioner Vardell to recommend that City Council deny the request for a zoning change from M (Marina) and R-6 (Single-Family Residential - Rural). The motion was seconded by Commissioner Boyle. Motion carried by a vote of 7-0.  The commission took a break from 12:39 pm to 1:05 pm. During the break, Commissioner Boyle had to leave the meeting. 7) 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). • Staff report and presentation by Erin Carr • Applicant Brian Crittendon was present. • Public Hearing: Jennifer Ellerman expressed a desire for more retail and shared concerns about drainage and flooding and stated that she was opposed to the current plan. Chris Ellerman spoke in opposition to the request. He also has concerns about drainage into their 22 home subdivision (Far Vela Estates). Summer Penland, also an owner in Far Vela Estates, expressed that she was not against any development, she just doesn’t want to see a multi-family development in her backyard. • Public Hearing was closed. • Commission discussion/action – A motion was made by Commissioner Hook to recommend approval of the request for a zoning change from R-1 Temp (Single- Family Temp) to PUD (Planned Unit Development) for the property located at 2811 Ranch Road 620 South to City Council. The motion was seconded by Commissioner Davis. Motion carried by a vote of 6-0. Page 3 of 5 Page 6 of 99 8) PUD Amendment: The Square at Lohmans. Consider a request from Carlson, Brigance & Doering, Inc., agent for the owner HSD Lohmans Partners LP, of approximately 62.979 acres of land located at 1935 Lohmans Crossing Rd, for Amendment 1 to The Square at Lohmans PUD. • Staff report and presentation by Erin Carr • Applicant Bill Hayes was present. • Public Hearing: Keith Trecker stated that he believes that the proposed amendment cheats the City and he believes that the PUD needs to stay true to the original intent. • Public Hearing was closed. • Commission discussion/action – A motion was made by Commissioner Vardell to recommend that City Council deny the request for Amendment 1 to The Square at Lohmans PUD. The motion was seconded by Commissioner Davis. Before the motion was put to a vote, Commissioner Vardell withdrew his motion. • Commission discussion/action: o Motion 1: A motion was made by Commissioner Vardell to recommend that City Council deny the request for Amendment 1 to The Square at Lohmans PUD. The motion was seconded by Commissioner Davis. Before the motion was put to a vote, Commissioner Vardell withdrew his motion. • The Commission was asked to breakdown their motion by line items: o Streets: A motion was made by Commissioner Gibb to recommend City Council approve the request related to changing some streets to private, allow bi-directional traffic on a temporary basis during construction. The motion was seconded by Commissioner Hook. Motion carried by a vote of 6-0. o Sidewalks: A motion was made by Commissioner Hook to recommend City Council approve the request related to substituting a section of the shared use path with a wider sidewalk. This motion was seconded by Commissioner Vardell. Motion carried by a vote of 6-0. o Public Utility Easements: A motion was made by Commissioner Hook to recommend City Council approve the request pertaining to the addition of some Public Utility Easements. This motion was seconded by Commissioner Vardell. Motion carried by a vote of 6-0. o Height: A motion was made by Commissioner Hook to recommend City Council deny the request to increase some building heights. This motion was seconded by Commissioner Donahue. The motion was opposed by Commissioner Olson. Motion carried by a vote of 5-1. o Clarify various setbacks: A motion was made by Commissioner Vardell to recommend City Council approve the request related to clarifying various setbacks. This motion was seconded by Commissioner Hook. Motion carried by a vote of 6-0. o Clarify miscellaneous language and street sections: A motion was made by Commissioner Vardell to recommend City Council deny the request related to clarifying miscellaneous language and street sections. After a discussion, Commissioner Vardell withdrew his motion. Page 4 of 5 Page 7 of 99  Motion 2: A motion was made by Commissioner Vardell to recommend that a determination related to clarifying miscellaneous language and street sections be made by City Council. The motion was seconded by Commissioner Hook. Motion carried by a vote of 6-0. o Main Street Extension: A motion was made by Commissioner Sherman to recommend City Council approve the request for a six-month extension to complete construction of Main Street. This motion was seconded by Commissioner Vardell. The motion was opposed by Commissioners Hook and Davis. Motion carried by a vote of 4-2. 9) Special Use Permit - Home Occupation – 313 Duffy Lane. Consider a request from Dr. E. Garrett Pratt, the owner of the property located at 313 Duffy Lane, (Lakeway Highlands Phase 1, Section 1, Block B, Lot 16), for approval of a Special Use Permit for a Home Occupation Permit allowing a physician’s office to be operated at this location. • Staff report and presentation by Erin Carr • Applicant Dr. Garrett Pratt was present. • Public Hearing: Dr. Elio Fernandez expressed that he does not believe that a medical practice should be opened at this location. • Public Hearing was closed.  At 3:27 pm, City Council Representative Vance had to leave and was replaced by Mayor Kilgore. • Commission discussion/action – A motion was made by Commissioner Sherman to recommend City Council deny the request for a Special Use Permit for a Home Occupation Permit allowing a physician’s office to be operated at 313 Duffy Lane to City Council. The motion was seconded by Commissioner Hook. The motion was opposed by Commissioners Donahue and Davis. Motion carried by a vote of 4-2. 10) Adjourn. • Chairman Scott Olson adjourned the meeting at 3:42 p.m. Minutes approved on , 2023, by a vote of . Erin Carr, BDS Director Page 5 of 5 Page 8 of 99  Erin Carr Director, Building & Development Services ___________________________________________________________________________ Staff Report MEETING DATE: October 4, 2023 AGENDA ITEM: Discussion Item: Variances BACKGROUND: Granting variances and determining an undue hardship is one of the functions of the Zoning and Planning Commission. The applicant may appeal to the Commission for a variance to Chapter 28 – Subdivisions and Site Development and Chapter 26 – Signs. Variances to the Code of Ordinances may not be granted by the Code Official. The City Engineer or Code Official may grant a waiver, which is a relatively insignificant deviation to the Code. The Zoning and Planning Commission is the governing body for variances to these chapters. • Sample case: The WCID#17 Effluent Improvement on Serene Hills Dr. Water District 17 requested a variance to cut and fill to allow them to place two 10.3 million gallon storage tanks on their property. The chosen location was granted as the engineer explained the cut would allow them to place the tanks so they would be shielded as much as possible from public view. One tank will be approximately 11’ below the existing grade of Serene Hills Dr. and the second tank will be approximately 12’ above the existing grade. This is a current project and is ongoing. ENCLOSURE(S): • Code Reference Sec. 28.12.001 Standards for approval • Staff report: 22-06-01 WCID Serene Hills Phase 2 - Cut and Fill Variance Page 9 of 99 Code Reference 28.12.001. Standards for approval. (a) General. (1) Waivers and variances may be granted only when in harmony with the general purposes and intent of this chapter so that public health, safety and welfare may be secured and substantial justice done. (2) Pecuniary hardship to the subdivider or developer, standing alone, shall not be deemed to constitute undue hardship. (3) No waiver or variance shall be granted if it would provide the applicant with any special privileges not enjoyed by owners of other similarly situated property with similarly timed development. (b) Waivers. Waivers of the strict application of this chapter may be granted or required if they meet all of the following requirements: (1) It is a relatively insignificant deviation from the requirements of this chapter. (2) It would not have any material adverse effect on the property rights of others. (3) It does not affect applicable zoning and other regulations of the city. (4) It would, in a particular situation, enhance public safety more than strict compliance with a provision of this chapter. (5) It would, in a particular situation, be more satisfactory to the overall plan of the city than strict compliance with a provision of this chapter. (c) Variances. Variances to the provisions of this chapter may be granted if the variance meets all of the following requirements: (1) A special individual reason makes the strict application of this chapter impractical. (2) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. (3) The applicant will incur specific hardships should the variance not be granted. (4) The modification is in conformity with the intent and purpose of this chapter. (5) The granting of the variance will not be detrimental to the public health, safety, or welfare, convenience or injurious to the property in the area. (6) The granting of the variance will not create the probability of harmful environmental consequences. (7) The variance will not negatively impact traffic conditions. (8) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this chapter. Page 10 of 99 Page 1 of 18 Page 11 of 99  Erin Carr Director, Building & Development Services ___________________________________________________________________________ Staff Report MEETING DATE: June 1, 2022 AGENDA ITEM: Consider a request Green Civil Design, the agent for Travis County WCID 17, owner of approximately 23.08 acres of land located on the east side of Serene Hills Dr., approximately 1500 feet north of HWY 71, for approval of a variance to Section 28.09.013 of the Lakeway Code of Ordinances regarding cut and fill requirements during land development. BACKGROUND: The applicant is planning the development of the storage tanks and pump station in four phases. Phase 1 is complete, and phases 3 and 4 will immediately follow the completion of phase 2. Phase 2 development consists of two 10.3 million gallon storage tanks and their associated piping and site improvements. Phase 3 development consists of the effluent pump station adjacent to the storage tanks, which will feed to effluent irrigation fields. Phase 4 will develop the effluent irrigation fields. Since the development phases will immediately follow each other, the required water quality improvements to serve phases 2 and 3 will be developed concurrently during phase 3. STAFF ANALYSIS: The storage tanks will be placed on land with a general 13% slope from west to east. Cutting the tanks into the hill will place the top of tank # 1 at 11’ below grade and tank #2 at 12’ above the grade at Serene Hills Dr. Without the variance, the tops of the tanks will be 28’ and 52’ above grade, respectively. The request is for the cuts only; no fill is associated with this application. PUBLIC NOTICE: A sign was placed on the property, advertisement in the paper, and notification letters were mailed out to all property owners within 200 feet of this property. No comments were received at the time of writing this report. ACTION REQUESTED: ZAPCO determination regarding the variance for up to 42’ of cut. Page 2 of 18 Page 12 of 99 Enclosures: • Aerial and Zoning Map • Aerial Map • Future Land Use Map (FLUM) • Application • Letter • 200’ Notification Area Map • 200’ Notification Spreadsheet • Public Notice • Cut and Fill Code Reference Attachments: • Project Location • Tank Locations • Cut and Fill Profile Page 3 of 18 Page 13 of 99 Aerial/ Zoning Map Page 4 of 18 Page 14 of 99  Aerial Map Page 15 of 99 Page 5 of 18 Future Land Use Map (FLUM) Page 6 of 18 Page 16 of 99 Application Page 7 of 18 Page 17 of 99 Letter1 Page 8 of 18 Page 18 of 99 Letter2 Page 9 of 18 Page 19 of 99 200’ Notification Area Page 10 of 18 Page 20 of 99 200’ Notification Spreadsheet Owner Address City State Zip TRAVIS COUNTY WCID #17 3812 ECK LN LAKEWAY TX 78734 CITY OF LAKEWAY 2101 Lakeway Blvd Ste 100 LAKEWAY TX 78734 DKH DEVELOPMENT LP 2303 RR 6205 STE 160-173 LAKEWAY TX 78734 STEDMAN CALEB 108 STEPHANIE LN LAKEWAY TX 78738 WHALING SEAN & WENDY 110 STEPHANIE LN LAKEWAY TX 78738 TRAVIS COUNTY EMERGENCY PO BOX 340196 LAKEWAY TX 78734 FALCONHEAD WEST PO BOX 342585 LAKEWAY TX 78734 SERENE HILLS COMMONS LP 100 E ANDERSON LN STE 200 AUSTIN TX 78752 WCID # 17 28 COUSTEAU LN AUSTIN TX 78746 SERENE HILLS HOMEOWNERS ASSOCIATION INC PO BOX 203310 AUSTIN TX 78720 H E B GROCERY COMPANY LP PO BOX 839999 SAN ANTONIO TX 78283 BMEF LAKEWAY LLC 1 BEACON ST STE 1500 BOSTON MA 02108 Page 11 of 18 Page 21 of 99 Public Notice Page 12 of 18 Page 22 of 99 Code Reference1 Sec. 28.09.013 Cut and fill (a) Subdivision and site development standards. (1) Cut and fill shall be limited to a maximum of six (6) feet. (2) Any cut and fill in excess of six (6) feet up to a maximum of sixteen (16) feet may be administratively approved by the city engineer after review by city staff, where the applicant has demonstrated that a waiver is justified. At a minimum, staff review of waiver requests for cut and fill shall include the following: (A) Analysis of site-specific constraints; (B) Analysis of potential environmental impact; (C) Analysis of alternatives such as roadway or building locations, split finished floor elevations, multilevel parking areas, etc.; and (D) Consideration of the request on adjoining and nearby property owners; (b) Detention and water quality ponds. There are no cut or fill limitations for the construction of water quality basins and stormwater detention ponds. (c) Spoils disposal. (1) No fill shall be placed on any lot prior to the issuance of a site development or subdivision improvement permit. (2) Temporary spoils on sites identified on construction drawings and approved by the city shall be removed prior to the issuance of a certificate of acceptance for the associated construction project and the disturbed area shall be revegetated. (3) Prior to removal of spoils from a site, the developer shall notify the code official as to the destination of the spoils. (Ordinance 2022-04-04-04 adopted 4/4/22) Sec. 28.09.014 Retaining walls (a) Slopes 2:1 and greater must be structurally stabilized by means approved by the city. Page 13 of 18 Page 23 of 99 Code Reference2 (b) Retaining walls over four (4) feet in height shall be detailed in the site development plan and subdivision improvement plan set. Deferred submittals for retaining walls over four (4) feet are not allowed. (c) Exposed concrete of retaining walls facing adjacent roadways and neighboring properties shall be veneered with rock, brick or other material acceptable to the city. (d) Terraced or stair-stepped retaining walls shall have a minimum horizontal separation of ten (10) feet between walls. (e) Retaining walls at a slope of 1:1 or steeper shall provide safety railing as stated in this chapter. (f) Retaining walls shall not exceed one (1) foot above the material being retained. Sec. 28.09.015 Safety railing–Nonresidential/multifamily (a) Safety railing shall be constructed along a dropoff or overhang to prevent a person from falling off or over the edge. (b) Exterior wood, rock, or concrete walkways, driveways, retaining walls, pool aprons, or other accessible areas which exceed 30 inches but less than six (6) feet above grade shall have safety railings or plants substantial in size and density to serve the same purpose. Continuing steps or walkways with slopes exceeding fifteen (15) percent shall be provided with safety railing. Safety railing installed within the floodplain must be metal and may have to be removed during flooding situations. This type of safety railing is a rail or obstruction with one horizontal member located 36 inches above grade. Safety railing shall not take the place of required handrails or guardrails. (c) Exterior wood, rock, or concrete walkways, driveways, retaining walls, pool aprons, or other accessible areas which exceed six (6) feet above grade shall have safety railings a minimum of 42 inches in height with vertical pickets spaced less than four (4) inches, and meet all other code requirements. (d) Stormwater detention and water quality ponds holding a water level of 23 inches or more shall be protected with a fence for public safety. This fence shall be a minimum of 48 inches in height with vertical pickets spaced less than four (4) inches apart and shall be constructed of solid wood, masonry, stone or wrought iron. All fences shall have at least one gate for maintenance access and shall be equipped to accommodate a locking device that will remain locked at all times. Page 14 of 18 Page 24 of 99 Code Reference3 Sec. 28.12.001 Standards for approval (a) General. (1) Waivers and variances may be granted only when in harmony with the general purposes and intent of this chapter so that public health, safety and welfare may be secured and substantial justice done. (2) Pecuniary hardship to the subdivider or developer, standing alone, shall not be deemed to constitute undue hardship. (3) No waiver or variance shall be granted if it would provide the applicant with any special privileges not enjoyed by owners of other similarly situated property with similarly timed development. (c) Variances. Variances to the provisions of this chapter may be granted if the variance meets all of the following requirements: (1) A special individual reason makes the strict application of this chapter impractical. (2) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. (3) The applicant will incur specific hardships should the variance not be granted. (4) The modification is in conformity with the intent and purpose of this chapter. (5) The granting of the variance will not be detrimental to the public health, safety, or welfare, convenience or injurious to the property in the area. (6) The granting of the variance will not create the probability of harmful environmental consequences. (7) The variance will not negatively impact traffic conditions. (8) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this chapter. Page 15 of 18 Page 25 of 99 Project Location Page 16 of 18 Page 26 of 99  Tank Locations Page 27 of 99 Page 17 of 18  Cut and Fill Profile Page 28 of 99 Page 18 of 18 Page 1 of 35 Page 29 of 99  Erin Carr Director, Building & Development Services __________________________________________________________________________ Staff Report MEETING DATE: October 4, 2023 AGENDA ITEM: Consider a request from Songwriters TX LLC, the agent for the owner of at 1310 Ranch Road 620 South, Suite A-12 (The Cigar Bar), for approval of a Special Use Permit to operate an arcade within an existing legal nonconforming use. BACKGROUND INFORMATION: Section 30.03.009 C-1 (Office/Retail) of the zoning code lists land uses allowed by right, Conditional Uses allowed by right unless they are within 300’ of a residential or school use, and Special Uses which are allowed only upon approval with a Special Use Permit (SUP) are listed in each definition. An arcade is listed in the code as a special use requiring an SUP. The ordinance does not reference the extent or amount of floor area that triggers the need for a Special Use Permit. The applicant is seeking approval of a Special Use Permit to operate an amusement arcade within their cigar bar and lounge. STAFF ANALYSIS: Arcades are listed as a special use, but are not defined in the code. Generally zoning codes referring to an arcade commonly mean a venue to play arcade games, which may include pinball, video games, claw cranes, redemption games, billiards, and similar games. The definition does not turn on whether the games are coin-operated, but rather the fact that there are many gaming devices in one location which the property-owner or establishment operator anticipates will encourage patrons to come and play. Particularly in today’s environment, arcades increasingly have moved away from requiring coins or slugs/tokens, and now use different types of electronic systems for starting the game. The relevant zoning issues involved are therefore the size of the arcade and expected number of persons in the gaming area (which relate to the zoning consideration of building size), whether adequate parking is present and whether the public streets adjacent to the arcade can adequately carry the projected number of vehicle trips to and from the arcade (which relate to the zoning consideration of whether adequate infrastructure exists to support the use), and hours of operation and potential noise (which relate to the zoning consideration of potential impact on neighboring property owner or businesses). Page 2 of 35 Page 30 of 99 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 1310 RR 620 South, suite A-12 to allow operation of an amusement arcade within the Lakeway’s Speakeasy and Cigar Bar. Enclosures: Attachments: • Aerial and Zoning Map • Code Reference for a C-1 District • Aerial View • Code Reference for an SUP • Zoning and Future Land Use Map • Review & Recommendation Criteria • Application • General Criteria Applicable to all • Owner’s Letter Special Uses §30.05.003 • Operational Data • General Requirements for all Special • 200’ Notification Area Map Uses §30.05.005 • 200’ Notification Area List • Exhibit A: Initial Inspection Report • Public Notice • Exhibit B: Punch List • Exhibit C: Texas Comptroller Private Letter Ruling Page 3 of 35 Page 31 of 99 Aerial and Zoning Map Page 4 of 35 Page 32 of 99 Aerial View Page 5 of 35 Page 33 of 99 Future Land Use Map (FLUM) Page 6 of 35 Page 34 of 99 Application Page 7 of 35 Page 35 of 99 Owner’s Letter1 Page 8 of 35 Page 36 of 99 Owner’s Letter2 Page 9 of 35 Page 37 of 99 Owner’s Letter3 Page 10 of 35 Page 38 of 99 Owner’s Letter4 Page 11 of 35 Page 39 of 99 Owner’s Letter5 Page 12 of 35 Page 40 of 99 200’ Notification Area Page 13 of 35 Page 41 of 99  200’ Notification List Owner Address Unit City State Zip HAMMOND JAIME L 125 CREST VIEW DR LAKEWAY TX 78734 DEAN BRENDAN PADRAIC & KRISTIN ANNE WENTZEL 127 CREST VIEW DR LAKEWAY TX 78734 WENTZEL FAMILY TRUST 129 CREST VIEW DR LAKEWAY TX 78734 JONES SANDRA S 131 CREST VIEW DR LAKEWAY TX 78734 KRISHNA ANIL & KAVITA VADALI 133 CREST VIEW DR LAKEWAY TX 78734 DAWRAN LLC 1308 RANCH ROAD 620 S LAKEWAY TX 78734 BUCKLIN BARBARA TRUST THE 203 ROLLING GREEN DR LAKEWAY TX 78734 MONT ROUGE LAKEWAY L P 3809 S 2ND ST D200 AUSTIN TX 78704 WELLSPRING AESTHETICS LLC STE 101 911 S 38TH ST AUSTIN TX 78705 ENTRANCE AT LAKEWAY LLC 1512 W KOENIG LN AUSTIN TX 78756 KELLER FAMILY INVESTMENTS LTD PO BOX 342349 AUSTIN TX 78734 CALHOUN SMITH DISTRIBUTING COMPANY P.O. BOX 1119 DRIPPING SPRINGS TX 78620 FHF I OAKS AT LAKEWAY LLC OAKS AT LAKEWAY / H E B PROPERTY TAX DEPARTMENT HEB P.O. BOX 1119 DRIPPING SPRINGS TX 78620 PROSPERITY BANK PO BOX G EL CAMPO TX 77437 GSDAG LLC 7425 N 5TH ST MCALLEN TX 78504 ADDPAR PROPERTIES AUS LLC 1945 HOFFMANN LN NEW BRAUNFELS TX 78132 GENECOV INVESTMENTS LTD LAKEWAY PLAZA 1350 DOMINION PLAZA TYLER TX 75703 Page 14 of 35 Page 42 of 99 Public Notice Page 15 of 35 Page 43 of 99 Code Reference for a C-1 District1 §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 16 of 35 Page 44 of 99 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 17 of 35 Page 45 of 99 Code Reference for an SUP1 §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 18 of 35 Page 46 of 99 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. Page 19 of 35 Page 47 of 99 Review & Recommendation Criteria (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. (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 20 of 35 Page 48 of 99 General Criteria Applicable to all Special Uses §30.05.003 (a) A proposed special use permit must comply with all the following criteria: (1) The issuance of the proposed permit will not have an adverse effect on the value of surrounding properties nor impede their proper development; (2) The issuance of the proposed permit will not create a nuisance as defined in section 22.02.001 of this code; (3) The traffic that the proposed use for which the permit is sought cannot reasonably be expected to create nor add significantly to traffic congestion, a safety hazard, or a parking problem on existing residential streets in the area. A traffic impact analysis may be required by the city engineer or code official if the code official or the city engineer determines that the proposed use is likely to create or significantly add to congestion, a safety hazard, or a parking problem; and (4) The proposed permit complies with all other applicable ordinances and regulations. Page 21 of 35 Page 49 of 99 General Requirements for all Special Uses §30.05.005 (a) Adherence to approved plans, regulations. A special use shall be established, operated and maintained in accordance with the plans, terms, conditions, and limitations contained in the permit approved by the code official, the zoning and planning commission and/or the city council. (b) Duration. Special use permits shall be granted for a definite period of time. (c) Revocation. After any of the following alleged circumstances, city council and/or the zoning and planning commission, with prior written notice to the permittee, and upon notice and public hearing, may for good cause revoke any special use permit: (1) More than two (2) notices of violation (NOV) or two (2) citations have been issued within two (2) consecutive calendar years for violation of any of the plans, terms, conditions, and limitations applicable to the special use; (2) More than two (2) notices of violation (NOV) or two (2) citations have been issued within two (2) consecutive calendar years for a violation of any applicable ordinance or regulation; (3) Operation or maintenance of the special use in a manner that is detrimental to the public’s health or safety, or so as to constitute a nuisance; (4) Providing false or misleading information on a permit application or omitting required information; (5) Information provided with the permit application is no longer accurate or effective and the permit holder fails to inform the city with the information; (6) Required insurance policy for a short-term rental is cancelled or not renewed; (7) The permit holder for a short-term rental is overdue in payment to the city of taxes, fees, fines, or penalties or fails to provide documentation showing that all hotel occupancy taxes have been paid for the property; and/or (8) The short-term rental is sold or otherwise transferred. (d) Lapse of permit. A special use permit shall lapse if the use has not been commenced within six (6) months of the date the permit was issued. (e) Transfer. A special use permit for a nonresidential property is not transferable and shall be void upon transfer of property or business. Page 22 of 35 Page 50 of 99 Exhibit A: Initial Inspection Report1 Page 23 of 35 Page 51 of 99 Exhibit A: Initial Inspection Report2 Page 24 of 35 Page 52 of 99 Exhibit A: Initial Inspection Report3 Page 25 of 35 Page 53 of 99 Exhibit A: Initial Inspection Report4 Page 26 of 35 Page 54 of 99 Exhibit A: Initial Inspection Report5 Page 27 of 35 Page 55 of 99 Exhibit A: Initial Inspection Report6 Page 28 of 35 Page 56 of 99 Exhibit A: Initial Inspection Report7 Page 29 of 35 Page 57 of 99 Exhibit B: Punch List1 Page 30 of 35 Page 58 of 99 Exhibit B: Punch List2 Page 31 of 35 Page 59 of 99 Exhibit C: Texas Comptroller Private Letter Ruling1 Page 32 of 35 Page 60 of 99 Exhibit C: Texas Comptroller Private Letter Ruling2 Page 33 of 35 Page 61 of 99 Exhibit C: Texas Comptroller Private Letter Ruling3 Page 34 of 35 Page 62 of 99 Exhibit C: Texas Comptroller Private Letter Ruling4 Page 35 of 35 Page 63 of 99 Page 1 of 11 Page 64 of 99  Erin Carr Director, Building & Development Services ________________________________________________________________________________ Staff Report MEETING DATE: October 4, 2023 AGENDA ITEM: Consider a request from Jillian Rice of Seven Custom Homes, applicant and owner of the Lakeway Estates subdivision, for the installation of a monument sign for the subdivision entrance at the intersection of Serene Hills Dr and Serene Hills Pass. BACKGROUND INFORMATION: This request is for a subdivision monument sign for the development formerly named Lakeway Estates. The approximately 8’ tall by 12’ wide monument is to be constructed of masonry, offer the required 100 s/f of landscaping, and provide back-lit lettering which shall be compliant with Dark Skies principles. The subdivision, moving forward, will be known as “The Twenty-Four XXIV”. STAFF ANALYSIS: The sign request is compliant with the section of the sign code pertaining to monument signs for materials, lighting, and landscaping. The applicant states the width of the monument sign is 15’ to accommodate a 3’ planter as part of the landscape requirement. PUBLIC NOTICE: Public notice is not required for a monument sign request ACTION REQUESTED: ZAPCO determination for a monument sign for a subdivision entrance at the intersection of Serene Hills Dr and Serene Hills Pass. Enclosures: • Aerial and Zoning Map • Aerial View • Application • Project Information Sheet • Rendering of Monument Sign • Typesetting of Sign • Location of Sign • Code Reference Page 2 of 11 Page 65 of 99 Aerial and Zoning Map Page 3 of 11 Page 66 of 99 Aerial View Page 4 of 11 Page 67 of 99 Application Page 5 of 11 Page 68 of 99 Project Information Sheet Page 6 of 11 Page 69 of 99  Rendering of Monument Sign Page 70 of 99 Page 7 of 11 Typesetting for Monument Sign Page 8 of 11 Page 71 of 99  Location of Monument Sign Page 72 of 99 Page 9 of 11  Code Reference1 26.04.005. Authorized permanent signs in a commercial district. (a) Monument signs. (1) General. (A) Purpose: To identify the occupant(s) of a building through use of a freestanding monument. (B) Maximum size: (i) On property with frontage on RR 620 and/or SH 71: Text and logo shall be no more than thirty-six (36) sq. ft.; address numbers shall be no more than eight (8) sq. ft.; and the monument shall be no greater than twelve (12) ft. wide. (ii) All others: Text and logo shall be no more than twenty-four (24) sq. ft.; address numbers shall be no more than eight (8) sq. ft.; and the monument shall be no greater than twelve (12) ft. wide. (C) Maximum height: The monument shall be no more than eight (8) ft. high. (D) Number: One (1) sign on the primary access street. If there are public entrances on other streets, proposals for additional signs may be approved by the commission. (E) Location: On premises within the property lines. (Monument signs may also be approved for stand-alone pad site buildings that are part of a multitenant center but are not platted as individual lots. Pad site buildings may not have separate monument signs and also be included on the multitenant center’s monument sign.) (F) Design: (i) The monument shall be solid masonry (stone, brick and/or stucco) to match the building(s). Depending on the proposed design, metal that matches the building(s) may be approved by the zoning and planning commission. (ii) Only the name of the building, business, complex or subdivision (no description), the associated logo, and the address numbers are permitted. (iii) The name, logo and address numbers shall be the same color. The use of additional colors for minor accents may be approved by the zoning and planning commission. (iv) Letters shall be a minimum of six (6) inches in height. Address numbers shall be a minimum of eighteen (18) inches in height on property with frontage on RR 620 and/ or SH 71 and twelve (12) inches in height for all other streets. (v) Letters and address numbers shall be attached directly to the face of the monument (no “cabinets”) and shall be flat-cut or channel (reverse or face-lit). Stencil-cut letters that appear flush with the monument and have a background that matches the monument may be approved by the commission. Reflective surfaces and molded plastic or molded acrylic backgrounds are not permitted. (G) Lighting: Spot lit or individual letter internal illumination. Page 10 of 11 Page 73 of 99  Code Reference2 (H) Duration: Permanent. (I) Landscape: A minimum of one hundred (100) sq. ft. at the base of the sign. Landscaping shall be installed and maintained so that the visibility of the address numbers is not obstructed. (J) Additional: (i) If located in public utility easement, the owner of the property is responsible for removal, relocation or replacement at a utility company’s request. (ii) Permit requires zoning and planning commission approval. 26.03.001 Harmonious Design and Materials (a) Permanent signs and supporting structures shall be in architectural harmony with the associated building(s). Monument signs shall be solid masonry (stone, brick and/or stucco) to match the associated building(s). Background panels shall be neutral in color. Logos, lettering, and accents shall use colors selected from an earth tone color palette. Each sign shall only include two (2) colors and one (1) accent color. Additional colors will require a variance. Depending on the proposed sign design, metal that matches the building(s) may be approved by the zoning and planning commission. Reflective surfaces and molded plastic or molded acrylic signs are not permitted. Section 26.03.001(a) does not apply to signs that are defined as temporary signs by this code. (b) Temporary signs shall be fabricated of materials designed to withstand the elements for the permitted time period. 26.03.004 Landscaping Landscaping, where required, should be designed to be in harmony with the building and surrounding natural landforms and native plants, and shall be irrigated. Page 11 of 11 Page 74 of 99 Page 1 of 25 Page 75 of 99  Erin Carr Director, Building & Development Services __________________________________________________________________________ Staff Report MEETING DATE: October 4, 2023 AGENDA ITEM: Consider a request from KIW Lakeway Venture LLC, the owners of the property located at 5201 Bee Creek Road, for approval of a variance to Section 28.08.003 of the Lakeway Code of Ordinances pertaining to the expiration of Site Development Plans. BACKGROUND INFORMATION: The request refers to the development of the Revel Independent Living site at the corner of Serene Hills Dr and SH 71. The Site Development Plan was approved in September 2021 but the required pre-construction meeting has not taken place so a Site Development Permit was not issued. A variance to extend the period of the existing site development permit with its associated approved. Construction was slated to begin in 2022, but was delayed past the two-year life of the plan review. The request is to extend the life of the Site Development Plan for another two years so that development may continue. STAFF ANALYSIS: The Site Development Plan was approved with the following variances: cuts up to 25’ and fill up to 15’, driveway spacing, and building heights up to 40 feet. Extending the Site Development Plan will also extend its approved variances. 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 determination regarding a variance to extend the site development permit and its associated approved variances. Enclosures: Attachments: • Summary of Request • Site Survey • Aerial and Zoning Map • Conceptual Site Plan • Aerial View • Code Reference • Zoning and Future Land Use Map • Standards of Approval for a Variance • Application • Cut-and-Fill Variance New Request • Owner’s Letter • Cut-and-Fill Variance Old Request • 200’ Notification Area Map • Cut-and-Fill Variance Exhibit • 200’ Notification Area List • Public Notice Page 2 of 25 Page 76 of 99 Summary of Request The applicant’s Site Development Plan was approved on September 1, 2021 with associated variances for cut-and-fill, driveway spacing, and building height. A Site Development Permit was not issued. Lakeway Municipal Code §28.08.003: Validity specifies that plan approval shall expire after two years unless substantial construction on the project has commenced. Since the Site Development Permit was not issued and construction was not started, the Site Development Plan expired on September 1, 2023. This application seeks a variance to extend the two-year life of the Site Development Plan approval for another two years so that the developer may revisit its design documents to allow further analysis of construction methods, materials, and construction cost reductions along with accommodating the extended timeframe to acquire materials. Lakeway Municipal Code §28.12.005: Expiration specifies that all waivers and variances expire concurrently with the permit for which they were granted. This provision is interpreted to mean that an extension of a permit will also extend its granted waivers and variances. Page 3 of 25 Page 77 of 99 Aerial and Zoning Map Page 4 of 25 Page 78 of 99 Aerial View Page 5 of 25 Page 79 of 99 Future Land Use Map (FLUM) Page 6 of 25 Page 80 of 99 Application Page 7 of 25 Page 81 of 99 Owner’s Letter1 Page 8 of 25 Page 82 of 99 Owner’s Letter2 Page 9 of 25 Page 83 of 99 Owner’s Letter3 Page 10 of 25 Page 84 of 99 Owner’s Letter4 Page 11 of 25 Page 85 of 99 200’ Notification Area Page 12 of 25 Page 86 of 99  200’ Notification List Owner Address Unit City State Zip RH LAKEWAY DEVELOPMENT LTD 2101 LAKEWAY BLVD 100 LAKEWAY TX 78734 WCID # 17 ATTN: DEBBIE GERNES 3812 ECK LN AUSTIN TX 78734 LAKEWAY BEE CREEK DEVELOPMENT LLC 10401 E STATE HIGHWAY 71 4 SPICEWOOD TX 78669 KIW LAKEWAY VENTURE LLC 6710 E CAMELBACK RD 100 SCOTTSDALE AZ 85251 Page 13 of 25 Page 87 of 99 Public Notice Page 14 of 25 Page 88 of 99 Site Survey Page 15 of 25 Page 89 of 99  Conceptual Site Plan Page 90 of 99 Page 16 of 25 Code Reference1 § 28.08.001 General. (a) Before developing or redeveloping land located in the city limits or its extraterritorial jurisdiction for nonresidential and multifamily uses, an applicant must first obtain a site development permit in accordance with this chapter. (b) No development shall be undertaken before the effective date of a site development permit for said development is issued by the city. (c) Site development permits shall only be issued for lots that have been platted and legally recorded or have otherwise obtained legal lot status. (d) Unless a site development permit has been approved and filed with the city, the city shall not authorize: (1) The supply of gas or electricity; (2) The sale or supply of any water or sewage service; or (3) The repair, modification or installation of public or private sewerage facilities. (e) A public utility service provider is not required to acquire a site development permit for the maintenance and repair of existing utilities or the installation of utility lines. Either a utility maintenance or utility development permit application shall be required. (f) Any right, privilege or remedy granted by this chapter to the person obtaining or holding permit approval shall also run in favor of such person’s successors in interest and assigns. Any duty or obligation of, or remedy against, such person arising under this chapter shall also be imposed upon such person’s successors in interest, assigns, agents, employees, representatives, or any person acting pursuant to the direction of any of the foregoing, or under color of same. Page 17 of 25 Page 91 of 99 Code Reference2 § 28.08.003Validity. (a) The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any other city ordinance. No permit purporting to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this chapter or a variance or modification granted pursuant to this chapter. (b) The issuance of a permit based upon plans and specifications shall not prevent the city from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this chapter or of any other ordinance of the city. (c) A site development permit is considered valid from the date of issuance until the city has issued a certificate of acceptance or until it expires or is canceled. (d) Site development plans approved by the city and any site development permits obtained as a result of plan approval shall expire two (2) years from the date of code official approval as noted on the cover sheet of the site development plan unless substantial construction on the project has commenced to a degree acceptable to the city. (e) The city may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error, or on the basis of incorrect information, or for violations of the provisions of this chapter or any other city ordinances. (f) Projects approved by the city shall begin and be completed in a timely manner. If inordinate delays are anticipated or experienced, the contractor shall notify the city and coordinate a new time schedule for completion. Permits for projects that have been suspended, abandoned or have not made reasonable progress for a period of 30 days may be revoked by the city. If a permit is revoked, the site must be restored/revegetated within 30 days of the date of revocation. (g) After a permit is no longer valid, a new application and applicable fees for a new permit must be filed if the project is to be continued. § 28.12.005 Expiration. Waivers and variances expire concurrently with the permit for which they were granted. Page 18 of 25 Page 92 of 99 Standards of Approval for a Variance1 § 28.12.001 Standards for approval. (a) General. (1) Waivers and variances may be granted only when in harmony with the general purposes and intent of this chapter so that public health, safety and welfare may be secured and substantial justice done. (2) Pecuniary hardship to the subdivider or developer, standing alone, shall not be deemed to constitute undue hardship. (3) No waiver or variance shall be granted if it would provide the applicant with any special privileges not enjoyed by owners of other similarly situated property with similarly timed development. (c) Variances. Variances to the provisions of this chapter may be granted if the variance meets all of the following requirements: (1) A special individual reason makes the strict application of this chapter impractical. (2) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. (3) The applicant will incur specific hardships should the variance not be granted. (4) The modification is in conformity with the intent and purpose of this chapter. (5) The granting of the variance will not be detrimental to the public health, safety, or welfare, convenience or injurious to the property in the area. (6) The granting of the variance will not create the probability of harmful environmental consequences. (7) The variance will not negatively impact traffic conditions. (8) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this chapter. § 28.12.002 Approval authority. (a) Code official and city engineer. Waivers of the strict application of the provisions of this chapter may be approved by the code official or city engineer. Page 19 of 25 Page 93 of 99  Standards of Approval for a Variance2 (b) City building commission. Waivers of the strict application of the provisions of this chapter regarding landscaping may be approved by the city building commission. (c) Zoning and planning commission. All variances to the provisions of this chapter shall be granted by the zoning and planning commission. (d) Board of adjustment. Determinations made by the zoning and planning commission may be appealed to the board of adjustment. § 28.12.003 Approval procedures. (b) Variances. (1) All requests for variances shall be made in writing to the code official. The request shall state the specific portion(s) of this chapter with which the proposed development will not comply and shall provide a detailed discussion as to why the developer wishes to deviate from this chapter. The request should be accompanied by supportive materials as requested by the code official or city engineer. (2) The code official will review the requests for completeness and prepare a report for the zoning and planning commission. In making this report, the code official shall address the nature of the proposed use of the land involved, existing uses of land in the vicinity and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. The code official may forward the application to the city engineer for review and comment. (3) The zoning and planning commission shall then review the request, hold a public hearing and make a final determination. Such findings of the commission together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the commission meeting at which such variance is recommended or granted. (4) After a determination has been made, the code official will provide the applicant and the zoning and planning commission with a letter stating the determination and noting any conditions for approval, if applicable. (5) Determinations made by the zoning and planning commission may be appealed to the board of adjustment. The appeal must be made within 30 days of the determination. Page 20 of 25 Page 94 of 99 Cut-and-Fill Variance New Request1 Page 21 of 25 Page 95 of 99 Cut-and-Fill Variance New Request2 Page 22 of 25 Page 96 of 99 Cut-and-Fill Variance Old Request1 Page 23 of 25 Page 97 of 99 Cut-and-Fill Variance Old Request2 Page 24 of 25 Page 98 of 99  Cut-and-Fill Variance Exhibit Page 99 of 99 Page 25 of 25