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 March 6, 2024 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 through our online form: https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx Comments received by the 12:00 p.m. deadline Monday, March 4, 2024 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, FEBRUARY 7, 2024, REGULAR ZAPCO MEETING 24-02-07 Regular ZAPCO Meeting Minutes 4-5 END CONSENT AGENDA 6 ZONING AMENDMENT – 300 BIRRELL STREET: CONSIDER A REQUEST FROM DRENNER GROUP, PC, REPRESENTATIVE OF THE OWNER OF APPROXIMATELY 5.36 ACRES OF LAND LOCATED AT 300 BIRRELL STREET, FOR APPROVAL OF FLUM UPDATE FROM COMMERCIAL TO RESIDENTIAL AND A ZONING CHANGE FROM C-1 (OFFICE/RETAIL) TO PUD (PLANNED UNIT DEVELOPMENT). Page 1 of 56   Staff report and presentation  Public Hearing  Recommendation to City Council Staff Report and Materials 6 - 30 7 SPECIAL USE PERMIT – 900 RANCH ROAD 620 SOUTH, SUITE C-100. CONSIDER A REQUEST FROM ELB DESIGN, LLC, THE AGENT FOR THE OCCUPANT OF 900 RANCH ROAD 620 SOUTH, SUITE C-100, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE A MASSAGE BUSINESS, GOLDEN JADE MASSAGE & HEALING, AT THIS LOCATION.  Staff report and presentation  Public Hearing  Recommendation to City Council Staff Report and Materials 31 - 51 8 ORDINANCE AMENDMENT: AMENDMENTS TO THE CITY OF LAKEWAY MUNICIPAL CODE ARTICLE 22.02.001 DEFINITIONS., ARTICLE 30.05 (SPECIAL USE PERMITS) TO INCLUDE SECTION 30.05.004.6 (CRITERIA APPLICABLE TO GAMING/SOFTWARE SWEEPSTAKE DEVICE SPECIAL USE PERMITS.).  Staff report and presentation  Public Hearing  Recommendation to City Council Staff Report and Materials 52 - 56 9 ADJOURN. ATTEST: Attested to this the ___ day of , 2024. 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 , 2024. Sally Buckovinsky, Building and Development Services Plans Examiner III THE CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETINGS ARE AVAILABLE TO ALL PERSONS REGARDLESS OF ABILITY. IF YOU REQUIRE SPECIAL ASSISTANCE, PLEASE Page 2 of 56 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 56  CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETING Action Minutes of Regular Session February 7, 2024 9:00 a.m. Lakeway City Hall, 1102 Lohmans Crossing Road, Lakeway, Texas 1) Establish Quorum and Call to Order. Commission Members Present: Commissioners Nina Davis, Wes Hook, Matt Sherman, Kevin Bernzott, Ed LeBlanc and Vice Chairman Dan Vardell. 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: January 3, 2024, Regular Meeting. • Determination: A motion was made by Commissioner Bernzott to approve the consent agenda. The motion was seconded by Commissioner Davis. Motion carried by a vote of 6-0. END CONSENT AGENDA 6) Sign Variance – 2303 RR 620 S, Suite 110. Consider a request from Austin Sign Builders on behalf of Sanjay Paul, owner of Westwoods Liquor, a tenant of the Vista Ridge shopping center at 2303 RR 620 S, Suite 110, for options of a building sign to include variances to the sign ordinance. • Staff report and presentation by Ashby Grundman, Assistant City Manager • Applicant was not present. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Sherman to partially approve the request for a sign alteration for the tenant in Suite 110 (Westwoods Liquor) at 2303 RR 620 South; the Commission approved the colors (white lettering with a red accent letter) but did not approve the increased sign size . The motion was seconded by Commissioner Hook. The motion was opposed by Commissioner Bernzott. The motion carried by a vote of 5-1. Page 1 of 2 Page 4 of 56  7) PUD Amendment: 15617 Flint Rock Road. Consider a request from Hillsong Development, LLC, owner of approximately 22.859 acres and 3.09 acres of land located at 15617 Flint Rock Road for approval of a PUD amendment. • Staff report and presentation by Ashby Grundman, Assistant City Manager • Applicant Phillip Jalufka with Hillsong Development was present. Also present, Amy Conway with DTJ Design • Public Hearing: Jim Schwendinger questioned the proposed amendment pertaining to the land that was previously proposed to be developed as a park. Fire Chief Robert Abbott, Lake Travis Fire Rescue, explained the necessity for another fire station. Steve Martens, Attorney with Jackson Walker, spoke about the removal of the reference to the Settlement Agreement. • Commission discussion/action – A motion was made by Commissioner Bernzott to recommend that City Council approve the request for a PUD Amendment for the property located at 15617 Flint Rock Road. Commissioner Vardell seconded the motion but before the vote, Commissioner Sherman suggested a friendly amendment to recommend that City Council consider connectivity needs to neighboring commercial areas and the friendly amendment was accepted by Commissioners Bernzott and Vardell. The motion was opposed by Commission Hook. The motion carried by a vote of 5-1. 8) Ordinance Amendment: Amendments to the City of Lakeway Municipal Code Article 30.05 (Special Use Permits) to include Sections 30.05.002 (Special Use Permits), 30.05.003 (General Criteria Applicable to all Special Uses), and 30.05.004.5 (Criteria Applicable to Short-Term Rental Use Permits). • Staff report and presentation by Ashby Grundman, Assistant City Manager • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Bernzott to recommend that City Council approve a request to amend Article 30.05 (Special Use Permits) including Sections 30.05.002 (Special Use Permits), 30.05.003 (General Criteria Applicable to all Special Uses), and 30.05.004.5 (Criteria Applicable to Short- Term Rental Use Permits) with a further recommendation that Staff have the authority to approve all Short Term Rental Use Permits. The motion was seconded by Commissioner Sherman. The motion was opposed by Commission Hook. Motion carried by a vote of 5-1. 9) Adjourn. • Vice Chairman Dan Vardell adjourned the meeting at 10:51 a.m. Minutes approved on , 2024, by a vote of . Erin Carr, BDS Director Page 2 of 2 Page 5 of 56 Page 1 of 25 Page 6 of 56  Ashby Grundman, AICP Assistant City Manager __________________________________________________________________________ Staff Report MEETING DATE: March 6, 2024 AGENDA ITEM: Consider a request from the Drenner Group, PC, representative of the owner of approximately 5.36 acres of land located at 300 Birrell St., for approval of a FLUM update from Commercial to Residential and a zoning change from C-1 (Office/Retail) to PUD (Planned Unit Development). BACKGROUND INFORMATION: These requests run concurrently. The requested zoning change requires that the FLUM also be changed for consistency. The FLUM update would change from Commercial to Residential. The project as proposed is a residential development with 30 single-family and 18 townhouse residences. The requestor has met several times with city staff and the PUD Development Committee and has modified their proposal in response to comments. STAFF ANALYSIS: The layout was developed with entrances on Birrell St and on Medical Dr, and backs onto the parking lot of the Baylor Scott & White Clinic. The siting accommodates the 500-year floodplain and drainage. City staff has calculated the anticipated traffic from the 48 new dwellings as 413 daily trips using the ITE Trip Generation Manual. Actual vehicle trips are likely to be less because of the proximity to commercial sites at the Lakeway Town Center, The Oaks, and The Square may encourage a shift of some household trips to walking or bicycling. The requested variances are shown in an attached table. The significant variances are to waive the 8-acre minimum size for a PUD, allow residential use, reduce the setbacks, allow front-facing garages on the internal streets, and cap the total amount of parking. Building exteriors are to be up to 50% Hardi products and the rest will be masonry (rock, brick or stucco), and impervious cover is 2.93 acres or 54.7% of the gross site area. The site plan and requested variances are compatible with the existing Comprehensive Plan and other city policies. Page 2 of 25 Page 7 of 56 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 recommendations to City Council regarding a FLUM update from Commercial to Residential and the rezoning of the approximately 5.36 acres of land addressed as 300 Birrell St from C-1 (Office/Retail) to (PUD) Planned Unit Development. ENCLOSURES: • Aerial and Zoning Map ATTACHMENTS: • Aerial Map • Subdivision Plan • Future Land Use Map (FLUM) • TIA Worksheet • Application • Renderings • Owner’s Letter • Site Plan • Zoning Comparisons • 200’ Notification Area Map • 200’ Notification Area List • Public Notice • Code Reference Page 3 of 25 Page 8 of 56 Aerial and Zoning Map Page 4 of 25 Page 9 of 56 Aerial Map Page 5 of 25 Page 10 of 56 Future Land Use Map (FLUM) Page 6 of 25 Page 11 of 56 Application1 Page 7 of 25 Page 12 of 56 Owner’s Letter Page 8 of 25 Page 13 of 56 Site Plan Page 9 of 25 Page 14 of 56  Zoning Comparisons1 Page 15 of 56 Page 10 of 25  Zoning Comparisons2 Page 16 of 56 Page 11 of 25 200’ Notification Area Map Page 12 of 25 Page 17 of 56  200’ Notification Area List Owner Address Unit City State Zip CITY OF LAKEWAY 1102 LOHMANS CROSSING RD LAKEWAY TX 78734 2200 RANCH ROAD 620 S LLC 1310 RANCH ROAD 620 S B195 LAKEWAY TX 78734 LAKEWAY PLAZA COMBINED LLC: C/O DT LAND GROUP, INC. 2414 EXPOSITION BLVD D-200 AUSTIN TX 78703 STRATUS LAKEWAY CENTER LLC 212 LAVACA ST 300 AUSTIN TX 78701 UNITED STATES POSTAL SERVICE: GENERAL DELIVERY MAIN POST OFFICE AUSTIN TX 78701 FHF I OAKS AT LAKEWAY LLC: OAKS AT LAKEWAY / H E B PROPERTY TAX DEPARTMENT HEB P.O. BOX 1119 DRIPPING SPRINGS TX 78620 LAKEWAY PLAZA PARTNERS IV 1659 SH 46 W STE 115-434 NEW BRAUNFELS TX 78132 HCN LAKE TRAVIS PROPERTY ONE LLC: % CPAC PO BOX 92129 SOUTHLAKE TX 76092 LAKEWAY PLAZA PARTNERS IV 252 S BEVERLY DR C BEVERLY HILLS CA 90212 HCN INTERRA LAKE TRAVIS LTACH LLC: % HEALTH CARE REIT INC 550 HERITAGE DR 200 JUPITER FL 33458 Page 13 of 25 Page 18 of 56 Public Notice Page 14 of 25 Page 19 of 56 Code Reference for a PUD1 Page 15 of 25 Page 20 of 56 Code Reference for a PUD2 Page 16 of 25 Page 21 of 56 Code Reference for a PUD3 Page 17 of 25 Page 22 of 56 Code Reference for a PUD4 Page 18 of 25 Page 23 of 56 Code Reference for a PUD5 Page 19 of 25 Page 24 of 56 Site Plat1 Page 20 of 25 Page 25 of 56  Site Plat2 Page 26 of 56 Page 21 of 25  Site Plat3 Page 27 of 56 Page 22 of 25 TIA Worksheet Page 23 of 25 Page 28 of 56 Renderings1 Page 24 of 25 Page 29 of 56 Renderings2 Page 25 of 25 Page 30 of 56 Page 1 of 21 Page 31 of 56  Erin Carr Director, Building & Development Services __________________________________________________________________________ Staff Report MEETING DATE: March 6, 2024 AGENDA ITEM: Consider a request from ELB Design, LLC, the agent for the occupant of 900 Ranch Road 620 South, Suite C-100, for approval of a Special Use Permit to operate a massage business, Golden Jade Massage & Healing, at this location. BACKGROUND INFORMATION: The applicant is requesting a Special Use Permit (SUP) to allow for the operation of a massage and healing center in a C-1 zoned district. This will be located in suite C-100 of the Lakeway Commons multi-tenant center. STAFF ANALYSIS: The suite is located on the ground floor at the southern end of the building. Other tenants in the center include a dentist, pediatrician, podiatrist, chiropractor, eye center, tanning salon, aquatic physical therapy, and spa. The requested use seems compatible with these existing uses. The center is in a C-1 district fronting RR 620. Adjacent uses on the back side of the property are REC (Recreational), GUI (Governmental, Utility, & Institutional), R-1 (Single Family Residential), and R-2 (Single Family Residential - Garden/Patio Homes). 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 900 RR 620 S to allow operation of a massage and healing center. Enclosures: • Aerial and Zoning Map • Site Plan • Aerial View • Property Location • Zoning and Future Land Use Map • Code Reference for an SUP • Application • Code Reference for a C-1 District • Owner’s Letter • Business Plan • 200’ Notification Area Map • 200’ Notification Area List • Public Notice Page 2 of 21 Page 32 of 56 Aerial and Zoning Map Page 3 of 21 Page 33 of 56 Aerial View Page 4 of 21 Page 34 of 56 Future Land Use Map (FLUM) Page 5 of 21 Page 35 of 56 Application1 Page 6 of 21 Page 36 of 56 Application2 Page 7 of 21 Page 37 of 56 Owner’s Letter Page 8 of 21 Page 38 of 56 Business Plan Page 9 of 21 Page 39 of 56 200’ Notification Area Page 10 of 21 Page 40 of 56  200’ Notification List Owner Address City State Zip GUILBERT TERRY V & LINDA J 101 CREST VIEW DR LAKEWAY TX 78734 MONNOT JEFFREY & LINDSEY STOREY MONNOT 101 GOLF CREST CV LAKEWAY TX 78734 YOUSEF KAVITA 102 GOLF CREST CV LAKEWAY TX 78734 JAMES BENEDICT & DRAIONNA JAMES 103 GOLF CREST CV LAKEWAY TX 78734 FOIST HEATH J 203 GOLF CREST LN LAKEWAY TX 78734 ANDERSON JOHN C & MARY W 205 GOLF CREST LN LAKEWAY TX 78734 LEAHY FAMILY LIVING TRUST 207 GOLF CREST LN LAKEWAY TX 78734 PACHKOVETS OLEG & ELENA BRULL 209 GOLF CREST LN LAKEWAY TX 78734 HANSON FRANK JAMES JR 128 HIGHLANDER ST LAKEWAY TX 78734 ERNSBERGER DAVID MARTIN & NANCY SUE 1504 LAKEWAY BLVD LAKEWAY TX 78734 LAKEWAY M U D: % LOYD SMITH 1097 LOHMANS CROSSING RD LAKEWAY TX 78734 CITY OF LAKEWAY 1102 LOHMANS CROSSING RD LAKEWAY TX 78734 TILLMAN SANDRA 16029 POOL CANYON RD LAKEWAY TX 78734 LAKEWAY COMMONS 900 LTD: SUITE C202 900 RANCH ROAD 620 SOUTH LAKEWAY TX 78734 ZAHEDI PROPERTIES LLC 10900 LAKELINE MALL DR STE 250 AUSTIN TX 78717 LEONARD SHEREE L & KRISTEE L LEONARD P O BOX 341773 AUSTIN TX 78734 KELLER FAMILY INVESTMENTS LTD PO BOX 342349 AUSTIN TX 78734 POHL JIM & BONNIE 13401 OVERLAND PASS BEE CAVE TX 78738 7-ELEVEN INC 3200 HACKERRY RD IRVING TX 75063 CLUBCORP GOLF OF TEXAS L P PO BOX 790830 SAN ANTONIO TX 78279 JP MORGAN CHASE BANK NA-ORE: % LERETA LLC PO BOX 1919 WICHITA FALLS TX 76307 ADBA-915 LLC PO BOX 9735 RANCH SANTA FE CA 92067 Page 11 of 21 Page 41 of 56 Public Notice Page 12 of 21 Page 42 of 56 Site Plan Page 13 of 21 Page 43 of 56 Property Location Page 14 of 21 Page 44 of 56 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 15 of 21 Page 45 of 56 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 16 of 21 Page 46 of 56 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 17 of 21 Page 47 of 56 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 18 of 21 Page 48 of 56 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 19 of 21 Page 49 of 56 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 20 of 21 Page 50 of 56 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 21 of 21 Page 51 of 56  Erin Carr Director, Building & Development Services ________________________________________________________________________________ Staff Report MEETING DATE: March 6, 2024 AGENDA ITEM: Amendments to the City of Lakeway Municipal Code Article 22.02.001 Definitions., Article 30.05 (Special Use Permits) to include Section 30.05.004.6 (Criteria applicable to Gaming/Software Sweepstake Device special use permits.). BACKGROUND INFORMATION: During the business license inspection process by the Building and Development Services team, a couple of game rooms operating without proper permits were visited by the Chief Building Official. Without clear definitions in the code, the closest definition for game rooms falls under “arcades”, which require a special use permit (SUP). STAFF ANALYSIS: The draft code amendments include definitions regarding the machines present in a game room, regulating the number of game rooms allowed, and providing distance regulations for new game rooms. Staff received direction from City Council to present the proposed ordinance amendment to ZAPCO for review and recommendation to City Council for action. The process outlined for game rooms requires acquisition of a special use permit to operate, and they must meet the criteria outlined in the draft amendment, which includes a maximum number permissible. As written, the criteria state: • The number of game rooms shall not exceed three • No new permit if they are within 1,500 feet of another permitted game room • No new permit if they are within 1,500 feet of a school, place of worship or residential neighborhood. PUBLIC NOTICE: Public notice for a proposed general amendment to Chapter 30 shall be published in an official newspaper or in a newspaper of general circulation in the City of Lakeway at least ten (10) days prior to the date set for such hearing. ACTION REQUESTED: ZAPCO recommendation to City Council regarding amending the City of Lakeway Municipal Code Article 22.02.001 Definitions., Article 30.05 (Special Use Permits) to include Section 30.05.004.6 (Criteria applicable to Gaming/Software Sweepstake Device special use permits.). Page 1 of 5 Page 52 of 56 ENCLOSURES: • Draft code language • Public Notice Page 2 of 5 Page 53 of 56 Proposed Language1 22.02.001 Definitions. For the purpose of the zoning, development, and building ordinances of the city, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Sweepstakes – Gaming/Software Sweepstake Devices (SSD) including but not limited to any contest that awards one or more prizes based on chance or the random selection of entries. Eight Liner – Electronic devices resembling a slot machine. Video Game Machine - A machine which individuals can use to gamble or to play games of chance to win money, often by inserting credits or coins into the machine. 30.05.004.6. Criteria applicable to Gaming/Software Sweepstake Device special use permits. Gaming/Software Sweepstake Devices (SSD) use must comply with all of the following specific criteria and conditions as well as the general criteria in section 30.05.003. 1) The total number of Gaming/SSD special use permits issued by the city shall not exceed three (3); 2) No new initial permit shall be issued for any commercial property located within fifteen hundred (1,500) feet of another commercial property that has a current Gaming/SSD special use permit; 3) No new initial permit shall be issued for any commercial property located within fifteen hundred (1,500) feet of a school, place of worship or residential neighborhood; 4) Provide acknowledgement of approval by the property owner if located in a multi-tenant business center. 5) Initial permits shall be issued for a one (1) year period and shall be renewable for a two (2) year period, provided a complete application for renewal is filed with the city no more than ninety (90) days and no less than sixty (60) days prior to the expiration date of the initial permit; 6) No permit application shall be accepted for filing, processed, or approved during a period of one (1) year following the denial of an application or revocation of a permit; Page 3 of 5 Page 54 of 56 Proposed Language2 7) No additional permit application for Gaming/SSD use shall be accepted for filing from, processed, or approved for an owner of real property with an existing permit for Gaming/SSD use; 8) A permit is not transferable and shall be void upon transfer or conveyance of the property; 9) Gaming/SSD use shall comply with this article and all other applicable regulations of this code, and compliance shall be verified by means of an on-site inspection by city staff; 10) The Gaming/SSD use shall not produce nuisances as defined in section 22.02.001 or elsewhere in this code including but not limited to noise, damage, odors, inconsiderate or offensive behavior, late night parties, illegal drug or alcohol use, pets, public urination, public exposure, disturbance of the peace, disorderly conduct, or any other conduct that may constitute a public or private nuisance; 11) This section does not apply to a charitable raffle, a savings promotion raffle, a sweepstakes regulated by the Alcoholic Beverage Code, a company regulated under Title 2, Utilities Code, a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department, a sweepstakes promoting one or more food products regulated by the United States Food and Drug Administration or the United States Department of Agriculture, or a company that owns or operates a cable system as defined in Section 622 of the Texas Local Government Code. 12) The city manager or assistant city manager may suspend any Gaming/SSD permit upon the finding of one or more of the following: (A) A violation of any of the applicable terms, conditions, or limitations; (B) A violation of any applicable ordinance or regulation; (C) Operation or maintenance of the Gaming/SSD business in a manner that is detrimental to the public’s health, safety, or so as to constitute a nuisance. Determinations made by the city manager or assistant city manager may be appealed to the board of adjustment. Page 4 of 5 Page 55 of 56 Public Notice Page 5 of 5 Page 56 of 56