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 AUGUST 5, 2026 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, August 3, 2026 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, JUNE 3, 2026, REGULAR ZAPCO MEETING. Wednesday, June 3, 2026 Regular ZAPCO Meeting 4-6 END CONSENT AGENDA 6 REPORT: ZONING AND PLANNING RELATED ITEMS FROM THE CITY COUNCIL MEETING JUNE 15, 2026.  Staff report and presentation  Public Hearing Page 1 of 66   Discussion Staff Report & Materials 7 7 SPECIAL USE PERMIT – CONSIDER A REQUEST FROM SHANE CONNAUGHTY, AGENT FOR LAKEWAY TEXACO, OWNER OF 2200 LAKEWAY BLVD, FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE, CAR WASH, AND GAS STATION AT THIS LOCATION.  Staff report and presentation  Public Hearing  Recommendation to City Council Staff Report & Materials 8 - 32 8 SPECIAL USE PERMIT – CONSIDER A REQUEST FROM PRESTIGE DEVELOPMENT GROUP, AGENT FOR THE OWNER OF 100 BIRRELL STREET, FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A FIFTH THIRD BANK WITH A DRIVE-THROUGH.  Staff report and presentation  Public Hearing  Recommendation to City Council Staff Report & Materials 33 - 66 9 VICE-CHAIR APPOINTMENT – DISCUSSION AND POSSIBLE ACTION TO SELECT A VICE-CHAIR OF ZAPCO.  Commission Discussion  Public Hearing  Commission Action 10 ADJOURN. ATTEST: Attested to this the ___ day of , 2026. ___________________________________________________________ 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 , 2026. ___________________________________________________________ Kathy Sierra, Office Mgr. Building and Development Services 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 66 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 66  CITY OF LAKEWAY ZONING AND PLANNING COMMISSION MEETING Action Minutes of Regular Session Wednesday, June 3, 2026 9:00 a.m. Lakeway City Hall, 1102 Lohmans Crossing Road, Lakeway, Texas 1) Establish Quorum and Call to Order. Commission Members Present: Commissioners Ed LeBlanc, Pat Hall, Ed Hermann, and Chair Gretchen Vance. Also present: City Council Liaison, Kent O’Brien 2) Pledge of Allegiance 3) Citizens Participation for the consent agenda. • No one spoke. 4) Citizens Participation for items not on the 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, May 6, 2026, Regular ZAPCO Meeting. • Determination: A motion was made by Commissioner Hermann to approve the consent agenda. The motion was seconded by Commissioner Hall. Motion carried by a vote of 4-0. END CONSENT AGENDA 6) Report: Zoning and Planning related items from the City Council meeting on May 18, 2026. • Staff report and presentation by Erin Carr. • Public Hearing: No one spoke. • Commission discussion – No action taken. 7) Special Use Permit – 15616 Stewart Road and 1106 RR 620 N. Consider a request from Jackson Walker LLP, the agent for the owner of 15616 Stewart Road and 1106 RR 620 N, for approval of a Special Use Permit to continue operating a storage facility at this location due to a change in ownership. • Staff report and presentation by Erin Carr. • Public Hearing: Representative Jackson Walker was present. Abel Ayala spoke as the neighboring property to request a fence. • Commission discussion/action – Motion: A motion was made by Commissioner LeBlanc to recommend that City Council approve a Special Use Permit as requested at 15616 Stewart Road and 1106 RR 620 N. Second: Commissioner Hall seconded the motion. Vote: The motion carried by a vote of 4-0. Page 1 of 3 Page 4 of 66 8) Special Use Permit – 2305 RR 620 S. Consider a request from The Whitfield Company, the agent for the owner of 2305 RR 620 S, for approval of a Special Use Permit to operate a drive-through Take 5 Oil Change at this location. • Staff report and presentation by Erin Carr. • Public Hearing: John Linton, AIA was present. • Commission discussion/action – Motion: A motion was made by Commissioner LeBlanc to recommend that City Council approve a Special Use Permit at 2305 RR 620 S. Second: The motion failed for lack of a second. Motion: A motion was made by Commissioner Hermann to recommend denial. Second: Commissioner Hall seconded the motion. Vote: The motion to deny was by a vote of 4-0. 9) View Blocking Determination – Lakeside Estates. Consider a request from Drees Custom Homes, the owner of the property located at 570 Rupen, comprised of 10 lots on the subdivision plat, approximately 5.593 acres, titled LOHMANS CROSSING ESTATES, SEC 1, BLOCK G, for a subdivision view blocking determination for the new homes at Lakeside Estates. The height of the proposed structures is not to exceed 32’, the maximum height allowed in R-1 (Single-Family Residential) zoning district. • Staff report and presentation by Erin Carr. • Public Hearing: No one spoke. • Commission discussion/action – Motion: A motion was made by Commissioner Hermann that view blocking is not an issue at Lakeside Estates. Second: Commissioner LeBlanc seconded the motion. Vote: The motion carried by a vote of 4-0. 10) Variance – 100 Medical Parkway. Consider a request from Baylor Scott & White Medical Center – Lakeway, the owners of the property located at 100 Medical Parkway, to allow an oversized temporary banner on their building from June 4 through December 31, 2026. • Staff report and presentation by Erin Carr. • Public Hearing: Tom Kilgore spoke in support. • Commission discussion/action – Commission recessed into a short break at 9:35 AM. Meeting resumed at 9:45 AM. Motion: A motion was made by Commissioner Hall to approve variance at 100 Medical Parkway. Second: Chair Vance seconded the motion. Vote: The motion carried by a vote of 4-0. 11) Ordinance Amendment – Conditional and Special Use Permits. Discussion and possible action regarding an Ordinance of the City of Lakeway, Texas, Amending the code of ordinances, TITLE II (BUILDING AND DEVELOPMENT REGULATIONS); CHAPTER 30 (ZONING); ARTICLE 30.05, (SPECIAL USE PERMITS); SECTION 30.05.005 (GENERAL REQUIREMENTS FOR ALL SPECIAL USES); SECTION Page 2 of 3 Page 5 of 66  30.03.009 (DISTRIC C-1 OFFICE/RETAIL); SECTION 30.03.010 (DISTRICT C-2 COMMERCIAL/LIGHT INDUSTRIAL); AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. • Staff report and presentation by City Manager Joseph Molis. • Public Hearing: No one spoke. • Commission discussion/action – Motion: A motion was made by Commissioner Leblanc to recommend that City Council approve ordinance amendment as written with exception that medical research laboratories, restaurants, and fast-food restaurants be excluded from the proposed by-right list. Second: Commissioner Hall seconded the motion. Friendly amendment: Commissioner Hermann made a friendly amendment to remove restaurants from the motion and keep fast food and medical. The friendly amendment was accepted by Commissioner LeBlanc and seconded by Commissioner Hall. Vote: The motion carried by a vote of 4-0. 12) Adjourn. • Chairman Vance adjourned the meeting at 10:34 am. Minutes approved on , 2026, by a vote of . Erin Carr Page 3 of 3 Page 6 of 66  Erin Carr Director, Building and Development Services ___________________________________________________________________________ Staff Report MEETING DATE: August 5, 2026 AGENDA ITEM: Report: Zoning and Planning related items from the City Council meeting June 15, 2026 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 that were recommended to City Council or could affect the commission. The following items were heard by the Zoning and Planning Commission and appeared on the June 15th City Council agenda. The status/determination is as follows: DISCUSSION AND POSSIBLE ACTION REGARDING SPECIAL USE PERMIT – 15616 STEWART ROAD AND 1106 RR 620 N. CONSIDER A REQUEST FROM JACKSON WALKER LLP, THE AGENT FOR THE OWNER OF 15616 STEWART ROAD AND 1106 RR 620 N, FOR APPROVAL OF A SPECIAL USE PERMIT TO CONTINUE OPERATING A STORAGE FACILITY AT THIS LOCATION DUE TO A CHANGE IN OWNERSHIP. • City Council unanimously approved the SUP as recommended by ZAPCO. DISCUSSION AND POSSIBLE ACTION REGARDING SPECIAL USE PERMIT – 2305 RR 620 S. CONSIDER A REQUEST FROM THE WHITFIELD COMPANY, THE AGENT FOR THE OWNER OF 2305 RR 620 S, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE A DRIVE-THROUGH TAKE 5 OIL CHANGE AT THIS LOCATION. • City Council unanimously denied the SUP; a denial was recommended by ZAPCO. DISCUSSION AND POSSIBLE ACTION REGARDING ORDINANCE NO. 2026-06-15-02 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS AMENDING TITLE II (BUILDING AND DEVELOPMENT REGULATIONS); CHAPTER 30 (ZONING); ARTICLE 30.05, (SPECIAL USE PERMITS); SECTION 30.05.005 (GENERAL REQUIREMENTS FOR ALL SPECIAL USES); AND ARTICLE 30.03 (ZONING USE REGULATIONS), SECTION 30.03.009 (DISTRICT C-1 OFFICE/RETAIL); SECTION 30.03.010 (DISTRICT C-2 COMMERCIAL/LIGHT INDUSTRIAL); AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. • City Council unanimously approved the amendment as recommended by ZAPCO. Council Items DISCUSSION AND POSSIBLE ACTION REGARDING RESOLUTION NO. 2026-06-15-01 - A RESOLUTION OF THE CITY OF LAKEWAY, TEXAS APPOINTING MEMBERS TO THE ZONING AND PLANNING COMMISSION (ZAPCO). • City Council unanimously approved the resolution appointing new ZAPCO members and alternates. Page 7 of 66  Erin Carr Director, Building & Development Services __________________________________________________________________________ Staff Report MEETING DATE: August 5, 2026 ADDRESS: 2200 Lakeway Blvd ACREAGE: 1.0222 acres LEGAL LOT DESCRIPTION: ABS 2122 SUR 83 RUSK TRANSPORT CO APPLICANT: Shane Connaughty of Magnolia Construction on behalf of owner Ross Newberry. REFERENCE: SUP-0022-2026 REQUEST: The site is the existing Lakeway Texaco gas station, service station, small convenience store, and an inactive car wash. The request from the new owner is to remove the six service bays and enclose the space to update to a full convenience store without expanding the building. Other site improvements will also be made to parking, internal circulation, the fuel pumps, the car wash, drainage, ADA accessibility, and possibly water quality and detention. A Special Use Permit (SUP) is required in a C-1 (Office/Retail) district for a convenience store, car wash, and gas station. This item was originally scheduled for the July 1 ZAPCO meeting, however, it was rescheduled to the August meeting due to an error in the public notification. GEOGRAPHIC CONTEXT: The property is zoned C-1 (Office/Retail). The residential area to the south is separated from this property by Lakeway Blvd. Address Property Zoning FLUM 2200 Lakeway Blvd Vacant C-1 (Office/Retail) Commercial North Golf course maintenance REC Recreational East Lakeway Market & Deli C-1 (Office/Retail) Commercial South Retama Garden Homes R-5 (Condominium) Residential West Lakeway Office Park C-1 (Office/Retail) Commercial Page 1 of 25 Page 8 of 66 PLANNING CONTEXT: Plan Notes & Issues Comprehensive Plan Consistent with the commercial area. Future Land Use Map Consistent with future uses. Adjacent to proposed improvements to the Thoroughfare Plan Lakeway Blvd SUP. Trails Plan Close to the proposed trail on Lakeway Dr. Parks & Open Space Master Plan Within ½ mile of greenbelts and Activity Center. RR 620 Expansion N/A Page 2 of 25 Page 9 of 66 PUBLIC NOTICE: Advertisement in the paper and notification letters were mailed out to all property owners within 200 feet of this property. Public comments for the July and August meetings that were submitted through the online portal have been provided to the commissioners. STAFF ANALYSIS: The existing site is currently “grandfathered” or legal, non-conforming for several issues. Approving the SUP will give the owner the land use determination to allow them to begin engineering for the next phase of site design. The attached site plan from the addition of the car wash calculates the current amount of impervious cover as 56.53%. BASIS FOR ACTION: SUPs are required when a proposed use is classified as a “conditional use” or a “special use” in the city code, where a use may be harmonious under certain conditions but requires City Council approval. Regulations allow ZAPCO to recommend approval of an SUP subject to changes, additions, limitations, safeguards, or time periods which are reasonably related to the approval criteria. ACTION REQUESTED: ZAPCO recommendation to City Council regarding a Special Use Permit at 2200 Lakeway Blvd, to allow for the operation of a convenience store, car wash, and gas station. ENCLOSURES: • Context Map • Aerial and Zoning Map • Zoning and Future Land Use Map • Owner's Authorization Letter • Applicant's Summary Letter • Redevelopment Concept • 200’ Notification Area Map • 200’ Notification Area List • Public Notice • Survey & Site Plan • TIA Worksheet • Code Reference - C-1 District • Code Reference - SUP Page 3 of 25 Page 10 of 66 Context Map Page 4 of 25 Page 11 of 66 Aerial and Zoning Map Page 5 of 25 Page 12 of 66 Aerial Map Page 6 of 25 Page 13 of 66 Future Land Use Map (FLUM) Page 7 of 25 Page 14 of 66 Owner's Authorization Letter Page 8 of 25 Page 15 of 66 Applicant's Summary Letter Page 9 of 25 Page 16 of 66 Redevelopment Concept Page 10 of 25 Page 17 of 66 200’ Notification Area Page 11 of 25 Page 18 of 66  200’ Notification List Owner Address Unit City State Zip DONOHUE DAVID 125 GOLF CREST COVE 300 LAKEWAY TX 78734 VATTER HOLLY 112 JAVELIN DR LAKEWAY TX 78734 SHUMAN SHELLEY & JASON 1504 LAKEWAY DR LAKEWAY TX 78734 FLORES STACY L & JAMES M FLORES 1608 LAKEWAY BLVD LAKEWAY TX 78734 AL NOOR STORE INC 2114 LAKEWAY BLVD LAKEWAY TX 78734 YOUNGBLOOD TERI & AMY & JOSEPH BARRERO 2201 LAKEWAY BLVD 1 LAKEWAY TX 78734 NELSON KELLY LIVING TRUST 2201 LAKEWAY BLVD 2 LAKEWAY TX 78734 WOZNIACK MARGARET 2201 LAKEWAY BLVD 3 LAKEWAY TX 78734 KASTEN THOMAS VAL & BARBARA LECHNER KASTEN 2201 LAKEWAY BLVD 4 LAKEWAY TX 78734 WAGGONER SHERYL S 2201 LAKEWAY BLVD 6 LAKEWAY TX 78734 CRAM LESLIE REBECCA & GERALD P MALONEY & 2201 LAKEWAY BLVD 7 LAKEWAY TX 78734 BOGISCH KAREN 2201 LAKEWAY BLVD 8 LAKEWAY TX 78734 MACKLIN MARY ELIZABETH 2201 LAKEWAY BLVD 9 LAKEWAY TX 78734 STONE APRIL R 2201 LAKEWAY BLVD 11 LAKEWAY TX 78734 RACH JOSEPH JR 2201 LAKEWAY BLVD 12 LAKEWAY TX 78734 COE EUGENE & PAMELA 2201 LAKEWAY BLVD 13 LAKEWAY TX 78734 DZIURGOT CALLIE M & MICHAEL J SCHMITZ 2201 LAKEWAY BLVD 14 LAKEWAY TX 78734 BIRRELL SUSAN 2201 LAKEWAY BLVD 16 LAKEWAY TX 78734 HODGE NAOMI M LIFE ESTATE 2201 LAKEWAY BLVD 17 LAKEWAY TX 78734 ITRIA ALLISON 2201 LAKEWAY BLVD 18 LAKEWAY TX 78734 EVERSWICK LYNN & JUDY 2201 LAKEWAY BLVD 19E LAKEWAY TX 78734 MELENDEZ MELISSA ELAINE MORRIS 2201 LAKEWAY BLVD 20 LAKEWAY TX 78734 BICKNELL PAMELA L 2201 LAKEWAY BLVD 21 LAKEWAY TX 78734 CHAIREZ RUBY A 2201 LAKEWAY BLVD 23 LAKEWAY TX 78734 SILL CHRISTINE 2201 LAKEWAY BLVD 25 LAKEWAY TX 78734 WITTIG SHERRY A 2201 LAKEWAY BLVD 26 LAKEWAY TX 78734 BLACK BRENDA LYNN 2201 LAKEWAY BLVD 27 LAKEWAY TX 78734 SCOGGINS JENNIFER 2201 LAKEWAY BLVD 28 LAKEWAY TX 78734 COLLINS PHILIPIA TRUSTEE OF PH OF PHILIPIA COLLINS TRUST 2201 LAKEWAY BLVD 29 LAKEWAY TX 78734 COLLIER THOMAS C 2201 LAKEWAY BLVD 30 LAKEWAY TX 78734 KWAK CHRISTINE 2201 LAKEWAY BLVD 32 LAKEWAY TX 78734 CORONEOS JUDITH E 2201 LAKEWAY BLVD 33 LAKEWAY TX 78734 WALRAVEN LYNNE RAE 2201 LAKEWAY BLVD 36 LAKEWAY TX 78734 SAWIN CAROL SUE 2201 LAKEWAY BLVD 37 LAKEWAY TX 78734 Page 12 of 25 Page 19 of 66  200’ Notification List2 Owner Address Unit City State Zip AHART CYNTHIA LORRAINE 2201 LAKEWAY BLVD 38 LAKEWAY TX 78734 PEARSON JAMAAL HAYDEN 2201 LAKEWAY BLVD 42 LAKEWAY TX 78734 EHLINGER NATHAN EDWARD 2201 LAKEWAY BLVD 45 LAKEWAY TX 78734 MIKOLAY MARLA 2201 LAKEWAY BLVD 48 LAKEWAY TX 78734 TELLO ALEJANDRO & GILMA VANESSA BERLANGA-LIRA 2201 LAKEWAY BLVD 49 LAKEWAY TX 78734 MATTISON DONNA G 2201 LAKEWAY BLVD 50 LAKEWAY TX 78734 BYRD ROXANNE 2201 LAKEWAY BLVD 52 LAKEWAY TX 78734 KELLY TAMARA LYNN 2201 LAKEWAY BLVD 53 LAKEWAY TX 78734 LAKEWAY TEXACO STATION LLC % ROSS NEWBERRY 2200 LAKEWAY BLVD LAKEWAY TX 78734 LAKEWAY CHURCH THE 2203 LAKEWAY BLVD LAKEWAY TX 78734 1102 LOHMANS CROSSING KYLE ADEROHUNMU RD LAKEWAY TX 78734 103 MAJESTIC ARROYO COLLINS JOSEPH D JR & GRACED TRUST WAY LAKEWAY TX 78738 COOPER RON & ROXANNA COOPER 123 CARTWHEEL BND AUSTIN TX 78738 MCMAHON JONATHAN J 16033 POOL CANYON RD AUSTIN TX 78734 NEWHOUSE CAROLYN F LIVING TRUST 1106 SLEDGE DR AUSTIN TX 78734 TABOADA CRISTINA C 1904 STONEGATE DR DENTON TX 76205 DAHLBO BRANDON J & SUZIL 7635 PARASIO HVN FAIR OAK TX 78015 MAKAMAE PROPERTIES LLC 2368A RICE BLVD PMB 406 HOUSTON TX 77005 FORE PROPERTIES LLC 5221 N CONNOR BLVD 300 IRVING TX 75039 JOHNSON PEDERNALES ELECTRIC COOPERATIVE INC PO BOX 1 CITY TX 78636 DI IORIO PATRICK WILLIAM & ELIZABETH K DI IORIO 3525 KATY HOCKLEY RD KATY TX 77493 ROUND ENLIGHTENED STRATEGIES LLC 222 LEE LN MTN TX 78663 MCCALL PROPERTY MANAGEMENT LC PO BOX 633 SPICEWOOD TX 78669 PLATT KATHIE M 3 GENTLEBROOK BEND THE HILLS TX 78738 MERTZ ROBERT LUKE & KHARLA MERTZ & RAE ANN MERTZ 25461 RYE CANYON RD VALENCIA CA 91355 WESTLAKE DAWLETT G & P 2005 IRREVOCABLE TRUST 31200 VIA COLINAS 200 VILLAGE CA 91362 GILES A MICHAEL A REV TRUST 376 COOLIDGE DR PORTS NH 03801 2201 LAKEWAY BLVD #10 LLC 137 SUSSEX ST JERSEY CITY NJ 07302 Page 13 of 25 Page 20 of 66 Public Notice Page 14 of 25 Page 21 of 66  Survey & Site Plan1 Page 22 of 66 Page 15 of 25  Survey & Site Plan2 Page 23 of 66 Page 16 of 25 TIA Worksheet Page 17 of 25 Page 24 of 66 Code Reference - C-1 (Office/Retail) 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 physicians, dentists, optometrists, chiropractors, 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; (2) Medical offices, such as physical rehabilitation facilities, medical testing facilities, and other such medical offices not listed above as may be approved by the city council; (3) Retail and service businesses, such as restaurants, fast food 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, nonvehicle consumer repair services, and other such businesses not listed above as may be approved by the city council; and (4) 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) Funeral homes and other such businesses not listed above as may be approved by the city council; and (2) Accessory structures and uses to any of the foregoing uses. (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, medical research laboratories, 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. Page 18 of 25 Page 25 of 66 Code Reference - C-1 (Office/Retail) District2 (3) Any use which includes drive-through facilities; provided, however, that a special use permit shall not be required for the occupancy of an existing drive-through facility where the proposed use remains within the same general land use category as the prior use and does not materially alter the drive-through configuration, site access, circulation, or stacking capacity. A special use permit shall be required for all new drive-through facilities or where the proposed use changes the general land use category or materially alters the drive-through configuration, site access, circulation, or stacking capacity. (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 multiplestory 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. (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. 50 50 ft.): Lot coverage (max. percentage): See development ordinance. Minimum building setbacks Page 19 of 25 Page 26 of 66 Code Reference - C-1 (Office/Retail) District3 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 (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; Ordinance 2022-01-18-04 adopted 1/18/22; Ordinance 2026-06-15-02 adopted 6/15/2026) Page 20 of 25 Page 27 of 66 Code Reference - 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 subsections (B) and (C) below; or (B) The code official, for home occupation permit applications 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, shall approve any application for a home occupation permit that complies with all provisions of these sections. If the code official believes that an application does not comply with all provisions of these sections, the code official shall recommend denial of the application. An applicant may appeal a code official's recommendation of denial to the zoning and planning commission, which will consider the appeal and issue a recommendation to the city council. The city council will issue the final determination of the appeal, after considering the recommendation of the planning and zoning commission and holding a public hearing. (C) The code official shall approve any new application for a short-term rental permit that complies with all applicable provisions of this article. (D) The issuing authority may impose conditions on the issuance of a requested special use permit. Such conditions shall be reasonably related to the criteria applicable to special use permits as described in section 30.05.003, 30.05.004, or 30.05.004.5 as applicable. (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 the application will be discussed. Page 21 of 25 Page 28 of 66 Code Reference - SUP2 (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 and development services department may visit the site of the 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. (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 and short-term rental permit 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. The public hearings for all other special use 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) 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 22 of 25 Page 29 of 66 Code Reference - 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. (f) Review and action. (1) For new applications in residentially zoned districts for home occupation permits only: (A) The code official shall determine whether the proposed permit complies with each of the general criteria in section 30.05.003, with each of the special criteria in section 30.05.004, and with each of the general requirements in section 30.05.005 applicable to the proposed permit. The code official may condition its approval of an application on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria. (B) A special use permit for a home occupation shall not be approved unless it complies with each of the applicable general and specific criteria; otherwise the application shall be denied. (C) Pursuant to subsection (a)(2)(B) and (C), the code official, at the official's discretion, may forward the application to the zoning and planning commission for consideration and determination. (2) For renewal applications for home occupation permits only: (A) If no substantiated complaint(s) have been lodged against the applicant or the applicant's home business after the last permit was issued, the code official may approve home occupation renewal permits for an additional 12-month period. Page 23 of 25 Page 30 of 66 Code Reference - SUP4 (B) If any substantiated complaints have been lodged against the renewal applicant or the applicant's home business after the last permit was issued, the application for renewal will be directed to the zoning and planning commission pursuant to subsection (a)(2)(B) and (C) and will be processed as a new application. (C) Substantiated complaints shall be defined as any written complaint submitted to the building and development services department or code enforcement and determined by city staff to be an ordinance violation, including a violation of this article, or state law violation that is supported or verified by corroborating information, for example the report of an investigating police or code enforcement officer or an audio or video recording. The allegations in the complaint do not have to be the subject of a criminal complaint or result in a criminal conviction for the complaint to be substantiated. The building and development services director or their designee shall notify the permit owner in writing of any substantiated complaint. (3) For all other applications, except those approvable without city council intervention: (A) Upon receipt of the commission's recommendation, the city council shall determine whether the proposed permit complies with each of the general criteria in section 30.05.003 and with each of the general requirements in section 30.05.005 applicable to the proposed permit and, for short-term rentals, with the specific criteria and conditions in section 30.05.004.5, and shall make separate findings thereon or adopt the findings made by the commission. The city council may condition its approval of an application on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria. (B) The city council shall not grant a special use permit unless it finds that the proposed special use, as presented or as modified by the council, complies with each of the applicable general and specific criteria; otherwise it shall deny the application. Page 24 of 25 Page 31 of 66 Code Reference - SUP5 (g) For renewal application for short-term rental permits only. (1) If no more than two (2) substantiated complaints have been filed with the city police department and/or the code enforcement section of the building and development services department against the applicant or the short-term rental property after the last permit was issued, upon a determination of compliance with all applicable criteria, requirements and conditions, the code official may approve short-term rental renewal permits for an additional 24-month period. (2) If more than two (2) substantiated complaints have been filed with the city police department or the code enforcement section of the building and development services department against the applicant or the short-term rental property after the last permit was issued, the application for renewal will be directed to the zoning and planning commission for review, public hearing, determination of compliance with all applicable criteria, requirements and conditions, and determination. (Ordinance 2018-07-16-10 adopted 7/16/18; Ordinance 2022-08-01-01 adopted 8/1/22; Ordinance 2024-02-20-03 adopted 2/20/2024) Page 25 of 25 Page 32 of 66  Erin Carr Director, Building & Development Services __________________________________________________________________________ Staff Report MEETING DATE: August 5, 2026 ADDRESS: 100 Birrell ACREAGE: 1.0742 acres LEGAL LOT DESCRIPTION: LOT 1 LAKE TRAVIS TRANSITIONAL MEDICAL CENTER APPLICANT: Benjamin Lewis of BDG Architects and Prestige Development Group on behalf of owner Welltower OM Group LLC. REFERENCE: SUP-0023-2026 REQUEST: The proposal is for a small-format bank with two drive-through lanes for video tellers and ATMs. Operating hours will be 9:00 to 5:00 Monday through Thursday, 9:00 to 6:00 on Friday, and 9:00 to 2:00 on Saturday. The ITE Trip Generation calculation of 237 daily trips is based on the data for standard banks. As a small-format bank, experience from other branches leads the applicants to estimate that the actual trips will be in the range of 58 to 70 trips per day. A Special Use Permit (SUP) is required in a C-1 (Office/Retail) district for a drive-through window. GEOGRAPHIC CONTEXT: The property is on the corner of Birrell and RR 620, so the only physically adjacent neighbor is the United States Post Office. Address Property Zoning FLUM 100 Birrell Vacant C-1 (Office/Retail) Commercial North Post Office GUI GUI East Randall's C-1 (Office/Retail) Commercial South Wells Fargo bank C-1 (Office/Retail) Commercial West Post Office GUI GUI Page 1 of 34 Page 33 of 66 PLANNING CONTEXT: Plan Notes & Issues Comprehensive Plan Consistent with commercial uses in the area. Future Land Use Map Consistent with future uses. In the vicinity of the new city center and potential Thoroughfare Plan Birrell St extension. Trails Plan Close to the proposed trail parallel to RR 620. Parks & Open Space Master Plan Within ½ mile of greenbelts. Immediately adjacent to RR 620 and its shared- RR 620 Expansion use paths. Page 2 of 34 Page 34 of 66 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 submitted through the online portal at the time of writing this report. STAFF ANALYSIS: The existing site is vacant. The Building & Development Services Department has received multiple inquiries about potential development of the site for various uses. Three of those inquiries have resulted in applications for an SUP since 2018. Other than this request, the only formal submittals were for a Car Wash, in 2018, and a Valvoline drive-through quick oil change, in October 2025. Both requests were recommended for approval by ZAPCO and denied by City Council. BASIS FOR ACTION: SUPs are required when a proposed use is classified as a “conditional use” or a “special use” in the city code, where a use may be harmonious under certain conditions but requires City Council approval. Regulations allow ZAPCO to recommend approval of an SUP subject to changes, additions, limitations, safeguards, or time periods which are reasonably related to the approval criteria. ACTION REQUESTED: ZAPCO recommendation to City Council regarding a Special Use Permit at 100 Birrell, to allow a Fifth Third Bank with two drive-through lanes. ENCLOSURES: ATTACHMENTS: • Context Map • Plat • Aerial and Zoning Map • Site Plan • Zoning and Future Land Use Map • Plans and Renderings • Owner's Authorization Letter • TIA Worksheet • Applicant's Summary Letter • Redevelopment Concept • 200’ Notification Area Map • 200’ Notification Area List • Public Notice • Code Reference - C-1 District • Code Reference - SUP Page 3 of 34 Page 35 of 66 Context Map Page 4 of 34 Page 36 of 66 Aerial and Zoning Map Page 5 of 34 Page 37 of 66 Aerial Map Page 6 of 34 Page 38 of 66 Future Land Use Map (FLUM) Page 7 of 34 Page 39 of 66 Owner's Authorization Letter Page 8 of 34 Page 40 of 66 Applicant's Summary Letter1 Page 9 of 34 Page 41 of 66 Applicant's Summary Letter2 Page 10 of 34 Page 42 of 66 Applicant's Summary Letter3 Page 11 of 34 Page 43 of 66 Applicant's Summary Letter4 Page 12 of 34 Page 44 of 66 Applicant's Summary Letter5 Page 13 of 34 Page 45 of 66 Applicant's Summary Letter6 Page 14 of 34 Page 46 of 66 Development Concept Page 15 of 34 Page 47 of 66 200’ Notification Area Page 16 of 34 Page 48 of 66  200’ Notification List Owner Address Unit City State Zip KYLE ADEROHUNMU 1102 LOHMANS CROSSING LAKEWAY TX 78734 KORI SERVICES LTD 2103 RANCH ROAD 620 S 100 LAKEWAY TX 78734 LAKEWAY PLAZA COMBINED LLC C/O DT LAND GROUP, INC. 2414 EXPOSITION BLVD D-200 AUSTIN TX 78703 UNITED STATES POSTAL SERVICE GENERAL DELIVERY MAIN POST OFFICE AUSTIN TX 78701 SONIC DEVELOPMENT OF CENTRAL TEXAS PO BOX 17788 AUSTIN TX 78760 JSJL INVESTMENTS LP PO BOX 39 CLEBURNE TX 76033 RANDALLS FOOD & DRUGS LP HEB GROCERY C/O: RYAN LLC PO BOX 800729 DALLAS TX 75380 HCN LAKE TRAVIS PROPERTY ONE LLC % CPAC PO BOX 92129 SOUTHLAKE TX 76092 Page 17 of 34 Page 49 of 66 Public Notice Page 18 of 34 Page 50 of 66  Code Reference - C-1 (Office/Retail) 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 physicians, dentists, optometrists, chiropractors, 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; (2) Medical offices, such as physical rehabilitation facilities, medical testing facilities, and other such medical offices not listed above as may be approved by the city council; (3) Retail and service businesses, such as restaurants, fast food 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, nonvehicle consumer repair services, and other such businesses not listed above as may be approved by the city council; and (4) 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) Funeral homes and other such businesses not listed above as may be approved by the city council; and (2) Accessory structures and uses to any of the foregoing uses. (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. Page 19 of 34 Page 51 of 66 Code Reference - C-1 (Office/Retail) District2 (1) Arcades, auto/truck washing facilities, bowling alleys, cemeteries, convenience stores, fast food restaurants, medical research laboratories, 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; provided, however, that a special use permit shall not be required for the occupancy of an existing drive- through facility where the proposed use remains within the same general land use category as the prior use and does not materially alter the drive-through configuration, site access, circulation, or stacking capacity. A special use permit shall be required for all new drive-through facilities or where the proposed use changes the general land use category or materially alters the drive-through configuration, site access, circulation, or stacking capacity. (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 multiplestory 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. (f) Minimum lot dimensions. Page 20 of 34 Page 52 of 66 Code Reference - C-1 (Office/Retail) District3 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. 50 50 ft.): 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 (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. Page 21 of 34 Page 53 of 66 Code Reference - C-1 (Office/Retail) District4 (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; Ordinance 2022-01-18-04 adopted 1/18/22; Ordinance 2026-06-15-02 adopted 6/15/2026) Page 22 of 34 Page 54 of 66 Code Reference - 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 subsections (B) and (C) below; or (B) The code official, for home occupation permit applications 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, shall approve any application for a home occupation permit that complies with all provisions of these sections. If the code official believes that an application does not comply with all provisions of these sections, the code official shall recommend denial of the application. An applicant may appeal a code official's recommendation of denial to the zoning and planning commission, which will consider the appeal and issue a recommendation to the city council. The city council will issue the final determination of the appeal, after considering the recommendation of the planning and zoning commission and holding a public hearing. (C) The code official shall approve any new application for a short-term rental permit that complies with all applicable provisions of this article. (D) The issuing authority may impose conditions on the issuance of a requested special use permit. Such conditions shall be reasonably related to the criteria applicable to special use permits as described in section 30.05.003, 30.05.004, or 30.05.004.5 as applicable. (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 the application will be discussed. Page 23 of 34 Page 55 of 66 Code Reference - SUP2 (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 and development services department may visit the site of the 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. (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 and short-term rental permit 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. The public hearings for all other special use 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) 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 24 of 34 Page 56 of 66 Code Reference - 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. (f) Review and action. (1) For new applications in residentially zoned districts for home occupation permits only: (A) The code official shall determine whether the proposed permit complies with each of the general criteria in section 30.05.003, with each of the special criteria in section 30.05.004, and with each of the general requirements in section 30.05.005 applicable to the proposed permit. The code official may condition its approval of an application on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria. (B) A special use permit for a home occupation shall not be approved unless it complies with each of the applicable general and specific criteria; otherwise the application shall be denied. (C) Pursuant to subsection (a)(2)(B) and (C), the code official, at the official's discretion, may forward the application to the zoning and planning commission for consideration and determination. (2) For renewal applications for home occupation permits only: (A) If no substantiated complaint(s) have been lodged against the applicant or the applicant's home business after the last permit was issued, the code official may approve home occupation renewal permits for an additional 12-month period. Page 25 of 34 Page 57 of 66 Code Reference - SUP4 (B) If any substantiated complaints have been lodged against the renewal applicant or the applicant's home business after the last permit was issued, the application for renewal will be directed to the zoning and planning commission pursuant to subsection (a)(2)(B) and (C) and will be processed as a new application. (C) Substantiated complaints shall be defined as any written complaint submitted to the building and development services department or code enforcement and determined by city staff to be an ordinance violation, including a violation of this article, or state law violation that is supported or verified by corroborating information, for example the report of an investigating police or code enforcement officer or an audio or video recording. The allegations in the complaint do not have to be the subject of a criminal complaint or result in a criminal conviction for the complaint to be substantiated. The building and development services director or their designee shall notify the permit owner in writing of any substantiated complaint. (3) For all other applications, except those approvable without city council intervention: (A) Upon receipt of the commission's recommendation, the city council shall determine whether the proposed permit complies with each of the general criteria in section 30.05.003 and with each of the general requirements in section 30.05.005 applicable to the proposed permit and, for short-term rentals, with the specific criteria and conditions in section 30.05.004.5, and shall make separate findings thereon or adopt the findings made by the commission. The city council may condition its approval of an application on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria. (B) The city council shall not grant a special use permit unless it finds that the proposed special use, as presented or as modified by the council, complies with each of the applicable general and specific criteria; otherwise it shall deny the application. Page 26 of 34 Page 58 of 66 Code Reference - SUP5 (g) For renewal application for short-term rental permits only. (1) If no more than two (2) substantiated complaints have been filed with the city police department and/or the code enforcement section of the building and development services department against the applicant or the short-term rental property after the last permit was issued, upon a determination of compliance with all applicable criteria, requirements and conditions, the code official may approve short-term rental renewal permits for an additional 24-month period. (2) If more than two (2) substantiated complaints have been filed with the city police department or the code enforcement section of the building and development services department against the applicant or the short-term rental property after the last permit was issued, the application for renewal will be directed to the zoning and planning commission for review, public hearing, determination of compliance with all applicable criteria, requirements and conditions, and determination. (Ordinance 2018-07-16-10 adopted 7/16/18; Ordinance 2022-08-01-01 adopted 8/1/22; Ordinance 2024-02-20-03 adopted 2/20/2024) Page 27 of 34 Page 59 of 66  Plat Page 60 of 66 Page 28 of 34  Site Plan Page 61 of 66 Page 29 of 34  Plans & Renderings1 Page 62 of 66 Page 30 of 34  Plans & Renderings2 Page 63 of 66 Page 31 of 34  Plans & Renderings3 Page 64 of 66 Page 32 of 34  Plans & Renderings4 Page 65 of 66 Page 33 of 34 TIA Worksheet Page 34 of 34 Page 66 of 66