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 Wednesday, December 4, 2024 CITY HALL 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, December 2, 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, NOVEMBER 6, 2024, REGULAR ZAPCO MEETING 24-11-06 Regular ZAPCO Meeting Minutes 3-4 END CONSENT AGENDA 6 REPORT: ZONING AND PLANNING RELATED ITEMS FROM THE CITY COUNCIL MEETING NOVEMBER 18, 2024.  Staff report and presentation  Public Hearing Page 1 of 24   Discussion Staff Report and Materials 5 7 REPLAT – 570 RUPEN DRIVE. CONSIDER A REQUEST FROM ALJ LINDSAY, THE AGENT FOR THE OWNERS OF APPROXIMATELY 5.59 ACRES OF LAND LOCATED AT 570 RUPEN DRIVE FOR APPROVAL OF A REPLAT OF LOT 1, BLOCK G, LOHMANS CROSSING ESTATES, SECTION 1.  Staff report and presentation  Public Hearing  Determination with final approval by City Council Staff Report and Materials 6 - 24 8 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). 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 2 of 24  CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETING Action Minutes of Regular Session November 6, 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, Wes Hook, Scott Olson and Chairman Louis Mastrangelo. Also present: City Council Liaison, Jennifer Szimanski 2) Pledge of Allegiance. 3) Citizens Participation for items not on this 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: Wednesday, October 2, 2024, Regular ZAPCO Meeting 6) Approval of 2025 Meeting Schedule • Determination: A motion was made by Commissioner Vardell to approve the consent agenda. The motion was seconded by Commissioner Hook Motion carried by a vote of 7-0. END CONSENT AGENDA 7) Report: Zoning and Planning related items from the City Council meeting October 21, 2024. • Staff report and presentation by Erin Carr • Public Hearing: No one spoke. • Commission discussion – No action taken Page 1 of 2 Page 3 of 24  8) PUD Amendment – 15617 Flint Rock RD. Consider a request from Travis County ESD 6, owner of approximately 3.09 acres of land (of the approximately 25.949 acres Hillsong PUD), located at 15617 Flint Rock RD, Lot 2, Hillsong Subdivision for approval of a PUD amendment. • Staff report and presentation by Ashby Grundman • Public Hearing • Applicant presentation by Dan Brown, Chief Abbot with LTFR also spoke. • Public Hearing: No one spoke. • Commission discussion/action – A motion was made by Commissioner Vardell to recommend that City Council approve the request for a PUD Amendment for the property located at 15617 Flint Rock RD, known as Hillsong. The motion was seconded by Commissioner Boyle. The motion carried by a vote of 7-0. 9) Special Use Permit – 1900 Highlands BLVD. Consider a request from Carlson, Brigance & Doering, Inc., the agent for the owner of approximately 4.5 acres of land located at 1900 Highlands Blvd (Lot 1, Block B Lakeway Highlands Commercial I), for a Special Use Permit to operate a storage facility at this location. • Staff report and presentation by Erin Carr • Applicant Haythem Dawlett was present for questions. • Public Hearing: Brian Chapman, Rough Hollow resident, opposed the storage facility due to the cut through used as emergency access. Tom Madison, Rough Hollow resident, opposed, not compatible with surrounding uses. Stephanie Chapman, Rough Hollow resident, opposed due to the day care and ball fields near the location. • Commission discussion/action – A motion was made by Commissioner Olson to recommend that City Council approve the special use permit for the storage facility at the property located at 1900 Highlands BLVD. The motion was seconded by Commissioner Vardell. The motion carried by a vote of 5-1(Donohue)-1(Davis). 10) Adjourn. • Chairman Louis Mastrangelo adjourned the meeting at 9:53 a.m. Minutes approved on , 2024, by a vote of . Erin Carr, BDS Director Page 2 of 2 Page 4 of 24  Erin Carr Director, Building & Development Services ___________________________________________________________________________ Staff Report MEETING DATE: December 4, 2024 AGENDA ITEM: Report: Zoning and Planning related items from the City Council meeting November 18, 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. Five items heard by the zoning and planning commission were on the November 18th City Council agenda. The status/determination is as follows: ORDINANCE NO. 2024-11-18-02 - AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF APPROXIMATELY 25.949 ACRES OF LAND DESCRIBED AS 15617 FLINT ROCK ROAD; FOR AN AMENDMENT TO PUD ZONING; PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. • The PUD amendment was approved unanimously as requested. SPECIAL USE PERMIT - 1900 HIGHLANDS BLVD. CONSIDER A REQUEST FROM CARLSON, BRIGANCE & DOERING, INC., THE AGENT FOR THE OWNER OF APPROXIMATELY 4.5 ACRES OF LAND LOCATED AT 1900 HIGHLANDS BLVD (LOT 1, BLOCK B LAKEWAY HIGHLANDS COMMERCIAL I), FOR A SPECIAL USE PERMIT TO OPERATE A STORAGE FACILITY AT THIS LOCATION. • The SUP was approved unanimously as requested. Amended ordinance, not heard by ZAPCO but wanted to include updates: ORDINANCE NO. 2024-11-18-01 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS AMENDING TITLE I: GENERAL ORDINANCES; CHAPTER 14: OFFENSES AND ADDITIONAL PROVISIONS; ARTICLE 14.03: NOISE; 14.03.007 PROHIBITED ACTS; AND PROVIDING FOR PENALTY, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. • This amendment was approved to allow year-round maintenance by the golf courses beginning at 6:30 AM. This item will be revisited in six months to determine if it should continue. Page 5 of 24  Erin Carr Director, Building & Development Services ___________________________________________________________________________ Staff Report MEETING DATE: December 4, 2024 AGENDA ITEM: Consider a request from ALJ Lindsay, the agent for the owners of approximately 5.59 acres of land located at 570 Rupen Drive for approval of a Replat of Lot 1, Block G, Lohmans Crossing Estates, Section 1. ADDRESS: 570 Rupen Dr ACREAGE: 5.59 acres LEGAL LOT DESCRIPTION: LOHMANS CROSSING ESTATES, SECTION 1, LOT 1, BLOCK G APPLICANT: ALJ Lindsay on behalf of owner Springhaven Realty LLC. REQUEST: Approval of a replat for a property to consist of 11 single-family residential lots with R-1 zoning, with one lot reserved for a water detention pond. HISTORIC CONTEXT: Lohmans Crossing Estates Section 1 was platted in 1981 with the lots along Sailmaster, but Block G was not subdivided. The property was re-zoned from R-1 (Temp) to R-1 (Single Family Residential) in June 2021. The Preliminary Plan, with 11 single-family lots, was approved in December 2022. GEOGRAPHIC CONTEXT: This property and the adjacent property to the east are zoned R- 1. Properties to the north, south, and west are zoned as R-4 (Duplex). The minimum lot sizes, setbacks, and maximum height for the two zoning districts are identical, but the minimum building floor area is different: R-1 requires 2,000 sq ft, while R-4 requires 1,200 sq ft. Property Zoning FLUM 570 Rupen Dr Residential R-1 Residential North Residential R-4 Residential East Residential R-1 Residential South Residential R-4 Residential West Residential R-4 Residential PLANNING CONTEXT: No specific issues were seen with compliance with any city plans. This request is for residential use in a designated residential area. Page 1 of 19 Page 6 of 24  Plan Notes & Issues The Comprehensive Plan does not specifically mention residential infill development, but this Comprehensive Plan is generally compatible with Goal 3 to Ensure Wise Land Use, concentrating development where infrastructure is already in place. Future Land Use Map Designated for residential use. Thoroughfare Plan Not connected to any proposed projects. There is a proposed trail along Rupen Dr to Trails Plan extend the Sailmaster Dr SUP northwards to Cutty Trl. The property is close to several parks and greenbelts, but the walking distances are longer Parks & Open Space Master Plan due to the street design. A fee in-lieu has been requested instead of parkland dedication. RR 620 Expansion Not impacted by the RR 620 expansion. Page 2 of 19 Page 7 of 24 According to the Preliminary Plan application, the development will result in a site density of slightly less than two dwelling units per acre, impervious cover of 48%, and traffic at about 103 trips per day. There are no Critical Environmental Features on the site. The developer has requested City Council approve a fee-in-lieu in the amount of $49,500 to meet the parkland dedication and improvements requirements. BASIS FOR ACTION: The process for approval of a replat is the same as a final plat as detailed in §28.03.003. Approval is subject to the “shot clock” law, meaning that it must be acted on within 30 days after a complete application is filed. If not acted on within that time, the replat is considered approved without City action. General standards for approval of a replat or final plat are listed in §28.03.001: • It must conform to the Comprehensive Plan, Thoroughfare Plan, and the Parks and Open Space Master Plan. • It conforms to all other rules listed in the zoning code. • All required fees have been paid. STAFF ANALYSIS: The replat is consistent with the Preliminary Plan as required. There are eleven single-family residential lots with a cul-de-sac off of Rupen Dr. PUBLIC NOTICE: Advertisement in the paper and notification letters were mailed out to all property owners within 200’ of this property. No comments received at the time of writing this report. ACTION REQUESTED: ZAPCO approval, approval with conditions, or denial regarding the replat known as Taranga Place located at 570 Rupen Drive. ENCLOSURES: ATTACHMENTS: • Location Map • Replat • Aerial Imagery and Zoning Maps • Preliminary Plan • Aerial View • Code Reference • Future Land Use Map (FLUM) • Second Application • First Application • Owner’s Authorization Letter • 200’ Notification Area Map • 200’ Notification Area List • Public Notice Page 3 of 19 Page 8 of 24 Location Map Page 4 of 19 Page 9 of 24 Aerial Imagery and Zoning Map Page 5 of 19 Page 10 of 24 Aerial View Page 6 of 19 Page 11 of 24 Future Land Use Map (FLUM) Page 7 of 19 Page 12 of 24 Second Application Page 8 of 19 Page 13 of 24 First Application Page 9 of 19 Page 14 of 24 Owner’s Authorization Letter Page 10 of 19 Page 15 of 24 200’ Notification Area Map Page 11 of 19 Page 16 of 24  200’ Notification List Owner Address Unit City State Zip HALE ERIC & KATHERINE S HALE 508 CUTTY TRL LAKEWAY TX 78734 AVENA DONALD & LISA 601 CUTTY TRL LAKEWAY TX 78734 HALLETT CHARLES A 604 CUTTY TRL LAKEWAY TX 78734 MARTIN STAN 606 CUTTY TRL LAKEWAY TX 78734 ABODE VENTURES LLC 108 LIDO ST LAKEWAY TX 78734 PINEDA ELMOR & LAUREN CUNICO 567 RUPEN DR LAKEWAY TX 78734 OLIVIER EDMOND J JR & MICHELLE R HEROLD 569 RUPEN DR LAKEWAY TX 78734 MCDONALD JAMES & DOROTHY 571 RUPEN DR LAKEWAY TX 78734 HOSSEINI ARASH & SVETLANA SEROVA 581 RUPEN DR LAKEWAY TX 78734 JONES ERIC M & JANIS 585 RUPEN DR LAKEWAY TX 78734 ROBERTS DAN 587 RUPEN DR LAKEWAY TX 78734 ANDERSON JAMES 625 SUNFISH ST LAKEWAY TX 78734 KOFE INC 104 WEE SCOT CV LAKEWAY TX 78734 ENCLAVE HOLDINGS 12600 HILL COUNTRY BLVD 225 BEE CAVE TX 78738 SHRIVER MICHAEL & TAYLOR DENNY 3216 BURKS LN AUSTIN TX 78732 TRAN VU & QUE-ANH THI PHAN 12512 CALISTOGA WAY AUSTIN TX 78732 JONG KIMBERLY E DE 15905 CHATEAU AVE AUSTIN TX 78734 TUTTLE THOMAS L & KIRSTEN REVOCABLE TRUST 5808 LAGUNA CLIFF LN AUSTIN TX 78734 SERIES RENTAL A NICOLAOU INVESTMENTS SERIES LLC 17100 MAJESTIC RIDGE RD AUSTIN TX 78738 THEONE THOMAS R 11204 MORNINGSTAR CIR AUSTIN TX 78737 BALAS LAKEVIEW HOLDINGS LLC 2900 N QUINLAN PARK RD 240-345 AUSTIN TX 78732 JONES STEPHEN A & JANIS B 44 SAN SAVIO CT AUSTIN TX 78738 CONFIDENTIAL OWNER 10700 SPIDERLING CT AUSTIN TX 78733 AA HILL COUNTRY PROPERTIES LLC 15204 SWISS ALPS CT AUSTIN TX 78738 ROBINSON CLINTON D 2615 WESTERN TRAILS BLVD AUSTIN TX 78745 LOHMANS CROSSING ESTATES SEC T HOMEOWNERS ASSOC SEC 3 4 & 7 PO BOX 92649 AUSTIN TX 78709 KHAMBATI KHOZEMA & SHAMIM 3505 MILTON AVE DALLAS TX 75205 WESTBERG STEVEN J 912 EAST CREEK DR DRIPPING SPGS TX 78620 SPRINGHAVEN REALTY LLC 5415 ROUCHEL BROOK LN SUGARLAND TX 77479 JANOTA LIVING TRUST 217 OGLE ST COSTA MESA CA 92627 VON ESCH ROBERT A IV & AMY M 2920 JUANITA PLACE FULLERTON CA 92835 NORDEN KELLI C TUD TRUST 10320 MISSISSIPPI AVE LOS ANGELES CA 90025 MINTZ-WALT TRUST 8810 WONDERLAND AVE LOS ANGELES CA 90046 OCELLO RORY & JEFFREY OCELLLO 1510 MASSER PL MONTEBELLO CA 90640 GIRERD REVOCABLE LIVING TRUST 314 MARTENS AVE MOUNTAIN VIEW CA 94040 ROONEY KAREN A P O BOX 1876 RANCHO SANTA FE CA 92067 YEH EDWARD K & UYEN P 4867 STONEYFORD CT SAN JOSE CA 95138 Page 12 of 19 Page 17 of 24 Public Notice Page 13 of 19 Page 18 of 24  Replat1 Page 19 of 24 Page 14 of 19  Replat2 Page 20 of 24 Page 15 of 19  Preliminary Plan Page 21 of 24 Page 16 of 19 Code Reference1 Sec. 28.02.003 Final Plat (a) For all tracts of land, the subdivider shall submit a final plat in accordance with this chapter. (b) The final plat must obtain the following approvals before it can be recorded: (1) Administrative approval from city staff to ensure compliance with city ordinances. (2) Recommendation for approval from the zoning and planning commission. (3) Final approval from the city council. (c) Public hearings regarding the proposed final plat must be held at both the zoning and planning commission meeting and at the city council meeting. (d) Following approval by the city council, the subdivider shall have the plat recorded with the county clerk and shall return one (1) mylar copy, seventeen (17) bond copies and a CD of pdf and CAD (dwg) files of the recorded plat to the city within 60 days of city council approval. (e) Recordation of the plat confers legal lot status to all lots within the subdivision. Sec. 28.03.003 Approval Procedures for Final Plats (a) The municipal authority responsible for approving final plats shall act on the plat within 30 days after the date the plat is filed. The filing date is the date the applicant submits a complete application, as required by this chapter, to the code official. A plat is considered approved by the municipal authority unless it is disapproved within that period. (b) To be considered complete, an application must comply with all applicable ordinances, including any previously granted variances, and include the following: (1) The appropriate number of copies of all required documents, reports and drawings as specified by BDS; (2) All required authorizations, certifications and signatures; and (3) All required fees. Page 17 of 19 Page 22 of 24 Code Reference2 (c) Incomplete applications are ineligible for an official filing date and do not necessitate city action within 30 days of submittal. (d) If the plat is required to be approved by more than one municipal authority, the subsequent municipal authorities shall act on the plat within 30 days after the date the plat is approved by the previous municipal authority or is considered approved by the inaction of the previous municipal authority. If the plat is approved, the municipal authority giving the approval shall endorse the plat with a certificate indicating the approval. (e) The applicant shall deliver to the city staff all documents required by BDS, as well as the required application and fees. (f) The application shall clearly state the project for which final plat approval is being sought. (g) Unless otherwise authorized by the code official, all documents associated with the final plat shall be delivered to BDS to be date stamped prior to review by city staff; documents and plans may not be delivered directly to city staff other than through the code official. (h) The city staff, which may include the code official, the city engineer, the appropriate emergency services district, the appropriate water district, or others requested by the city to perform such functions, shall review all documents for compliance with this chapter and provide comments to the applicant. (i) The applicant shall satisfactorily address all comments and resubmit for city staff approval. City staff shall not accept complete final plat applications more than 30 days prior to the regular meeting date of the municipal authority responsible for approving the plat. (j) Except for short form final plats, applicants may only submit final plat applications after the associated preliminary plan has received administrative approval from city staff to ensure compliance with city ordinances. The final plat shall be consistent with the approved preliminary plan. (k) If the applicant does not wish to be considered at a zoning and planning commission meeting or city council meeting, he may submit a written request to either withdraw and reapply at a later date or table the plat application until the next month. The zoning and planning commission or city council may grant up to two tablings before the applicant must withdraw the plat application and reapply. Page 18 of 19 Page 23 of 24 Code Reference3 (l) Planning and zoning commission: (1) After the appropriate water district, the appropriate emergency services district, and the city staff's comments have been satisfactorily addressed, the applicant shall provide seventeen (17) full-size copies and a CD of pdf and CAD (dwg) files of the final plat to be reviewed by the zoning and planning commission and then by the city council. (2) The zoning and planning commission shall review the final plat and make a recommendation for approval or disapproval to the city council. The city council shall then make a final determination at their next meeting. Public hearings regarding the proposed final plat are to be held at the zoning and planning commission and the city council meetings. (m) If the final plat is approved by the city council, the applicant shall subsequently have the plat and all accompanying documents recorded with the county clerk and shall return one (1) mylar copy, seventeen (17) bond copies and a CD of pdf and CAD (dwg) files of the recorded plat to the city within sixty (60) days of city council approval. (n) If subdivision improvements are required, the applicant shall file with the city a corporate surety bond or letter of credit, in accordance with section 28.07.006 of this chapter. This shall be filed after city council approval and prior to recordation of the plat. 28.02.005 Replat. (a) A replat is a final plat that alters the layout of all or a portion of a recorded subdivision without vacating the preceding plat. If the proposed plat meets the requirements set forth in this section, the subdivider may submit a replat in accordance with this chapter. (b) A replat shall be signed and acknowledged by the owners of the property being resubdivided. (c) A replat shall not amend or remove any covenants or restrictions. (d) An applicant submitting a replat that increases the number of lots and/or contains more than five (5) acres of land may be required to submit a preliminary plan prior to city acceptance of the replat for review. (e) A replat is processed in the same manner as a final plat. (Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11) Page 19 of 19 Page 24 of 24