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 May 1, 2024 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, April 29, 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, APRIL 3, 2024, REGULAR ZAPCO MEETING 24-04-03 Regular ZAPCO Meeting Minutes-Revised 4-5 END CONSENT AGENDA 6 REPORT: ZONING AND PLANNING RELATED ITEMS FROM THE CITY COUNCIL’S MEETING APRIL 15, 2024.  Staff report and presentation  Public Hearing  Discussion Page 1 of 63  Staff Report and Materials 6-7 7 PUD AMENDMENT – 15617 FLINT ROCK RD: CONSIDER A REQUEST FROM DTJ DESIGN, AGENT FOR HILLSONG DEVELOPMENT, LLC, THE OWNER OF APPROXIMATELY 22.859 ACRES AND 3.09 ACRES OF LAND LOCATED AT 15617 FLINT ROCK RD FOR APPROVAL OF A PUD AMENDMENT.  Staff report and presentation  Public Hearing  Recommendation to City Council Staff Report and Materials 8 - 63 8 WORKSHOP – COMPREHENSIVE PLAN  Presentation by Ashby Grundman, AICP, Assistant City Manager  No action will be taken 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 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). Page 2 of 63 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 63  CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETING Action Minutes of Regular Session April 3, 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 Dan Vardell, Judy Donahue, Nina Davis, Nick Boyle, Matt Sherman, Wes Hook and Chairman Scott Olson. Also present: City Council Representative, Jennifer Szimanski. 2) Pledge of Allegiance. 3) Citizens Participation for items not on the agenda. • No one spoke. 4) Citizens Participation for the consent agenda. • No one spoke. CONSENT AGENDA - All items listed under the consent agenda may be approved by one motion. Members of the Commission may pull items from the consent agenda for discussion. 5) Approval of Minutes: March 6, 2024, Regular Meeting. • Determination: A motion was made by Commissioner Donahue to approve the consent agenda. The motion was seconded by Commissioner Hook. Motion carried by a vote of 7-0. END CONSENT AGENDA 6) Report: Zoning and Planning related items from the City Council’s meeting March 18, 2024. • Staff report and presentation by Erin Carr, BDS Director • Public Hearing: No one spoke. • Commission discussion – No action taken 7) Special Use Permit – 900 RR 620 S, 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 by Erin Carr • Applicant Etty Brish was present to answer questions. Page 1 of 2 Page 4 of 63  • Public Hearing: No one spoke. • Commission discussion/action –A motion was made by Commissioner Hook to recommend that City Council approve the request for a Special Use Permit to operate a massage business, Golden Jade Massage & Healing, at 900 Ranch Road 620 South, Suite C-100. The motion was seconded by Commissioner Vardell. The motion carried by a vote of 7-0. 8) Ordinance Amendment: Amendments to the City of Lakeway Municipal Code City of Lakeway Municipal Code Article 30.03 (Zoning Use Regulations) to include Sections 30.03.002, 30.03.003, 30.03.004, 30.03.005, 30.03.005.5, 30.03.006, 30.03.008, 30.03.008.5 regarding administrative approval of a short-term rental use. • Staff report and presentation by Erin Carr • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Vardell to recommend that City Council approve a request to amend Article 30.03 (Zoning Use Regulations) to include Sections 30.03.002, 30.03.003, 30.03.004, 30.03.005, 30.03.005.5, 30.03.006, 30.03.008, 30.03.008.5 regarding administrative approval of a short-term rental use. The motion was seconded by Commissioner Sherman. Motion carried by a vote of 7-0. 9) Adjourn. • Chairman Scott Olson adjourned the meeting at 9:19 a.m. Minutes approved on , 2024, by a vote of . Erin Carr, BDS Director Page 2 of 2 Page 5 of 63  Erin Carr Director, Building & Development Services ___________________________________________________________________________ Staff Report MEETING DATE: May 1, 2024 AGENDA ITEM: Report: Zoning and Planning related items from the City Council’s meeting April 15, 2024. BACKGROUND: Staff will provide a summary report of zoning and planning related items that were taken to City Council the month prior to update ZAPCO on items they heard with recommendation to City Council. Three items pertaining to zoning and planning were on the April 15th City Council agenda. Included for each agenda item is status/determination: ORDINANCE NO. 2024-04-15-01 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS AMENDING APPENDIX; APPENDIX A FEE SCHEDULE; ARTICLE A6.000: BUILDING, DEVELOPMENT AND ZONING; A6.001: ZONING ORDINANCE; AND PROVIDING FOR PENALTY, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. • Ordinance NO. 2024-04-15-01 was approved as written. The amendment to Article A6.000 pertains to adding a fee of $250 for a petition to the City for release from the city’s ETJ. In the next few months, ZAPCO will review additional amendments to Chapter 28 regarding the process for the ETJ release petition process. ORDINANCE NO. 2024-04-15-03 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS AMENDING TITLE II: BUILDING AND DEVELOPMENT REGULATIONS; CHAPTER 30: ZONING; ARTICLE 30.03: ZONING USE REGULATIONS; SECTION 30.03.002 DISTRICT R-1 AND R-1* (SINGLE-FAMILY RESIDENTIAL); SECTION 30.03.003 DISTRICT R-2 (SINGLE-FAMILY RESIDENTIAL - GARDEN/PATIO HOME); SECTION 30.04.004 DISTRICT R-3 (SINGLE-FAMILY RESIDENTIAL – ZERO LOT LINE-MODIFIED); SECTION 30.04.005 DISTRICT R-4 (DUPLEX); SECTION 30.04.005.5 DISTRICT R-5 (CONDOMINIUM); SECTION 30.04.006 DISTRICT R-6 (SINGLE-FAMILY RESIDENTIAL – RURAL); SECTION 30.04.008 DISTRICT R-8 (MEDIUM DENSITY MULTIFAMILY RESIDENTIAL); SECTION 30.04.008.5 DISTRICT R-9 (HIGH DENSITY MULTIFAMILY RESIDENTIAL); AND PROVIDING FOR SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. • Ordinance NO. 2024-04-15-03 was approved as written, it recommended for approval by ZAPCO at the April 3rd meeting. FUTURE LAND USE MAP (FLUM) - AMENDING THE FUTURE LAND USE MAP CLASSIFICATION OF APPROXIMATELY 5.36 ACRES OF LAND DESCRIBED AS 300 BIRRELL STREET; FOR A FLUM CLASSIFICATION CHANGE FROM C-1 (OFFICE/RETAIL) TO RESIDENTIAL. • This item was taken with the re-zoning request for 300 Birrell. Page 6 of 63 ORDINANCE NO. 2024-04-15-04 - RE-ZONING - AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF APPROXIMATELY 5.36 ACRES OF LAND DESCRIBED AS 300 BIRRELL STREET; FOR A ZONING CHANGE FROM C-1 (OFFICE/RETAIL) TO PUD (PLANNED UNIT DEVELOPMENT); PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. • Ordinance NO. 2024-04-15-04 and the amendment to the future lands use map were taken together and both postponed until the June 17th City Council meeting. Councilmembers Bryntesen, O’Brien and Vance wanted a written agreement from Baylor Scott & White Rehabilitation granting an access easement to the developer of 300 Birrell for driveway access from the commercial parking lot abutting the project. 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. • The SUP for Golden Jade Massage & Healing was approved as presented for ten years, the SUP was recommended for approval by ZAPCO at the March 6th meeting. Page 7 of 63 Page 1 of 56 Page 8 of 63  Ashby Grundman, AICP Assistant City Manager ________________________________________________________________________________ Staff Report MEETING DATE: May 1, 2024 AGENDA ITEM: Consider a request from Hillsong Development, LLC, owner of approximately 22.859 acres and 3.09 acres of land located at 15617 Flint Rock Rd for approval of a Planned Unit Development (PUD) amendment. BACKGROUND: The initial request for this property was for 252 multifamily units with a density of 11.6 units per acre. The request was denied in November 2019. The denial was in part because the request was not consistent with the Comprehensive Plan and FLUM. An updated PUD zoning request featured a development with 126 detached single-family residential homes on the southern portion of the site (areas A, B, & C), with a density of 5.5 units per acre, and a commercial center and public recreational space on the northern portion (area D). This request was unanimously approved in April 2021. As part of the discussion, the developer agreed to a phasing plan that would schedule the site grading and landscaping as part of the initial phase. The developer is also to be responsible for part of the funding for a traffic signal at the intersection of Flint Rock Rd and Wild Cherry Dr. The preliminary plan was approved in September 2021 with the condition that the subdivision access to Flint Rock Road (which is to be designed as a right-in, right-out access) have an enhanced island, colloquially called a “pork chop,” to deter illegal left turns from the subdivision. The Final Plat was approved in December 2021. Zoning, the Preliminary Plan, the Final Plat, and a PUD: The planning and development process for a specific property is guided by three documents providing sequentially greater detail: • The zoning district defines the acceptable land uses and generally states the requirements and constraints for the lot, including minimum lot size, building setbacks, maximum height, and maximum density. • The preliminary plan outlines the general layout of the buildings, streets, parking lots, detention ponds, and other attributes of the development. This plan is conceptual and is developed prior to extensive engineering work, so it is expected that the final plan may change as the process develops more precision. • The final plat is prepared based on engineering work. It provides the final details on the exact development of the site, including site layout and cut-and-fill. • A PUD is a hybrid that combines elements of all three to create a more flexible development that is superior to following the standard zoning. In general, a PUD provides greater detail in earlier stages of the development process. Page 2 of 56 Page 9 of 63 The Settlement Agreement and the Requested PUD Update: This PUD has been the subject of a lawsuit, which was resolved through a settlement agreement in April 2020. The general terms of the agreement include: • Defines areas A, B, & C as residential with a maximum of 200 units and area D as commercial. Units will be single-family and not apartments. • Allowable commercial uses in area D are C-1, HM for a hotel with up to 24 rooms, restaurant. The PUD agreement further specifies that the commercial use will be at least 3,000 sq ft. • Cut-and-fill allowable up to 12’. A proposed PUD Amendment was submitted in January 2024. The amendment was recommended for approval by ZAPCO (5-2), and the applicant requested to withdraw the request at the February 20, 2024, City Council meeting. A revised amendment was submitted, and revisions were made based on feedback from ZAPCO and the City Council. The applicant has included the settlement agreement in the PUD, as we as further defined the residential in Section II(A) – Project Land Uses as detached single-family homes. Further development of plans, including engineering and a recognition of market forces, has led to this request for amendments to the approved PUD regulating plan. A summary of the proposed changes is listed below: Summary of Proposed Changes to the PUD Regulating Plan Full Site Delete reference to construction phasing. Updated TIA worksheet; does not meet the threshold for a full TIA. Full site impervious cover remains at 65% but will be calculated separately for the residential and the fire station parcels. Specifies no additional right-of-way dedications are needed. Parcels A, B, & C Residential Delete references to a condo regime. Delete references to the base R-5 zoning. Updated permitted residential uses to allow for individual, single-family homes. These units may be for sale or for lease. Parcel D Commercial/GUI Updated intent for 3,000 sq ft of retail/commercial to either 3,000 sq ft of C-1 (Commercial) or GUI (Government, Utility, Institutional) Specified a max height of 50' in Plan Area D if a GUI use is proposed. Delete provisions for enhanced parkland, trail, water quality pond, and 3,000 sq ft of commercial; substitute an LTFR fire station. Delete references to enhanced parkland and fee-in-lieu; update to solely fee-in-lieu of $4,500 per dwelling unit with a total payment of $567,000. Specified that the fee-in-lieu will be payable at the issuance of the first residential building permit. Delete references to stubbing out site trails to connect to the Thoroughfare Plan shared use paths. Page 3 of 56 Page 10 of 63 STAFF ANALYSIS: The proposed changes are consistent with the spirit of the original PUD regulating plan, and primarily relate to replacing the enhanced parkland and 3,000 sq ft of commercial space with a fire station. The remaining unused land will not be enhanced or developed as a park, but the intention is that it will remain undeveloped. The Future Land Use Map (FLUM) does not have designations for future government, utility, and institutional use, and so does not designate any land for future fire stations. In addition to this, the PUD allows for 3,000 SF of commercial of GUI, a FLUM amendment is not necessary for this proposal. The 2020 Comprehensive Plan goals and actions include: • Goal 3: Ensure Wise Land Use - Action item to evaluate new community amenities with a cost/benefit analysis. This action could reasonably identify a fire station as a community amenity. • Goal 5: Ensure that Lakeway’s Infrastructure is in Excellent Shape - Action items focus on utilities, drainage, and sidewalks, but a fire station could reasonably be identified as needed infrastructure. The applicant worked with Lake Travis Fire & Rescue to estimate that a new fire station at this location would: • Reduce the number of incidents that the current Lakeway fire station respond to by about 34%. This would improve the reliability of the current Lakeway engine to respond to other incidents in Lakeway proper. • Reduce emergency vehicle travel on Lakeway streets by about 44%. During rush hour traffic, this could assist in better traffic flow management within the City. • Decrease response times by about 43 seconds which is an improvement of 4%. This has a direct impact on arriving to an incident, whether fire or medical, sooner than before which will reduce property loss and overall patient outcomes. • In a sample of calls within a 3 miles radius of the proposed new station, the travel time to the incidents decreased by an average of 2 minutes which is a 32% reduction in the time it took an engine to arrive on scene. • Strengthen Lakeway’s insurance rating. PUBLIC NOTICE: Advertisement in the paper and notification letters were mailed out to all property owners within 200 feet of this property. No comments were received prior to the writing of this report. ACTION REQUESTED: ZAPCO recommendation to City Council regarding Amendment 1 to the PUD of 25.949 acres of land located at 15617 Flintrock Rd, known as Cherry Knoll/Hillsong. Page 4 of 56 Page 11 of 63 ENCLOSURES: ATTACHMENTS: • Aerial and Zoning Map • PUD Design Manual with Redlined • Aerial Map Amendments • Future Land Use Map (FLUM) • PUD Exhibits with Redlined • Application Amendments • Applicant’s Letter • Settlement Agreement to be Deleted • Owner’s Authorization Letter • 200’ Notification Area Map • 200’ Notification Area List • Public Notice • Code Reference Page 5 of 56 Page 12 of 63 Aerial and Zoning Map Page 6 of 56 Page 13 of 63 Aerial Map Page 7 of 56 Page 14 of 63 Future Land Use Map (FLUM) Page 8 of 56 Page 15 of 63 Applicant’s Letter Page 9 of 56 Page 16 of 63 Application1 Page 10 of 56 Page 17 of 63 Application2 Page 11 of 56 Page 18 of 63 Owner’s Authorization Letter Page 12 of 56 Page 19 of 63 200’ Notification Map Page 13 of 56 Page 20 of 63 200’ Notification List Owner Address Suite City State Zip HILLSONG DEVELOPMENT LLC 2101 LAKEWAY BLVD 130 LAKEWAY TX 78734 MITCHUM THOMAS & ABIGAIL MITCHUM TRUST 336 S CONGRESS AVE 100 AUSTIN TX 78704 FLINTROCK AT HURST CREEK PROPERTY OWNERS ASSOCIATION PO BOX 342585 AUSTIN TX 78734 AMERICO PROPERTIES LLC PO BOX 33 COLLEYVILLE TX 76034 LAKEWAY MOB PARTNERS LLC 14114 DALLAS PKWY 605 DALLAS TX 75254 HILLS II OF LAKEWAY INC % PROPERTY TAX DEPT 203 PO BOX 4900 SCOTTSDALE AZ 85261 Page 14 of 56 Page 21 of 63 Public Notice Page 15 of 56 Page 22 of 63 Code Reference (a) Modifications to existing PUD. (1) Owners of property within a PUD may request rezoning for only a portion of the PUD district they own. Notice of such rezoning will be based on the boundary of the portion of the PUD district being rezoned rather than the entire PUD district. (2) In considering the request, the zoning and planning commission and city council shall evaluate the effect of the rezoning on the remaining property within the PUD district. (3) If the zoning and planning commission or city council determines that the rezoning necessitates adjustments to the terms and conditions of the original PUD district, the zoning case to rezone the portion of the PUD district will be tabled so that the city can initiate a zoning case for the remainder of the PUD district and first consider amendments to the terms and conditions of the original PUD district. (4) Any amendment or modification to a PUD concept plan shall be considered a zoning change and shall be processed pursuant to the City’s Code of Ordinances unless the changes are provided for in the PUD ordinance. (Ordinance 2022-01-03-02 adopted 1/3/22) Page 16 of 56 Page 23 of 63 PUD Design Manual with Redlined Amendments1 Page 17 of 56 Page 24 of 63 PUD Design Manual with Redlined Amendments2 Page 18 of 56 Page 25 of 63 PUD Design Manual with Redlined Amendments3 Page 19 of 56 Page 26 of 63 PUD Design Manual with Redlined Amendments4 Page 20 of 56 Page 27 of 63 PUD Design Manual with Redlined Amendments5 Page 21 of 56 Page 28 of 63 PUD Design Manual with Redlined Amendments6 Page 22 of 56 Page 29 of 63 PUD Design Manual with Redlined Amendments7 Page 23 of 56 Page 30 of 63 PUD Design Manual with Redlined Amendments8 Page 24 of 56 Page 31 of 63 PUD Design Manual with Redlined Amendments9 Page 25 of 56 Page 32 of 63 PUD Design Manual with Redlined Amendments10 Page 26 of 56 Page 33 of 63 PUD Design Manual with Redlined Amendments11 Page 27 of 56 Page 34 of 63  PUD Exhibits with Redlined Amendments1 Page 35 of 63 Page 28 of 56  PUD Exhibits with Redlined Amendments2 Page 36 of 63 Page 29 of 56  PUD Exhibits with Redlined Amendments3 Page 37 of 63 Page 30 of 56  PUD Exhibits with Redlined Amendments4 Page 38 of 63 Page 31 of 56  PUD Exhibits with Redlined Amendments5 Page 39 of 63 Page 32 of 56  PUD Exhibits with Redlined Amendments6 Page 40 of 63 Page 33 of 56  PUD Exhibits with Redlined Amendments7 (New exhibit) Page 41 of 63 Page 34 of 56  PUD Exhibits with Redlined Amendments8 (New exhibit) Page 42 of 63 Page 35 of 56 Updated TIA Worksheet Page 36 of 56 Page 43 of 63 Settlement Agreement1 Page 37 of 56 Page 44 of 63 Settlement Agreement2 Page 38 of 56 Page 45 of 63 Settlement Agreement3 Page 39 of 56 Page 46 of 63 Settlement Agreement4 Page 40 of 56 Page 47 of 63 Settlement Agreement5 Page 41 of 56 Page 48 of 63 Settlement Agreement6 Page 42 of 56 Page 49 of 63 Settlement Agreement7 Page 43 of 56 Page 50 of 63 Settlement Agreement8 Page 44 of 56 Page 51 of 63 Settlement Agreement9 Page 45 of 56 Page 52 of 63 Settlement Agreement10 Page 46 of 56 Page 53 of 63 Settlement Agreement11 Page 47 of 56 Page 54 of 63 Settlement Agreement12 Page 48 of 56 Page 55 of 63 Settlement Agreement13 Page 49 of 56 Page 56 of 63 Settlement Agreement14 Page 50 of 56 Page 57 of 63 Settlement Agreement15 Page 51 of 56 Page 58 of 63 Settlement Agreement16 Page 52 of 56 Page 59 of 63 Settlement Agreement17 Page 53 of 56 Page 60 of 63 Settlement Agreement18 Page 54 of 56 Page 61 of 63 Settlement Agreement19 Page 55 of 56 Page 62 of 63  Settlement Agreement Exhibit Referenced20 Page 63 of 63 Page 56 of 56