PUBLIC NOTICE City of Lockhart Planning and Zoning Commission 7:00 PM, Wednesday, April 14, 2021 Municipal Building - Glosserman Room 308 W. San Antonio St. COMMISSION MEMBER. AUDIO CONFERENCE PARTICIPATION One or more members of the Lockhart Planning and Zoning Commission may participate in a meeting remotely. The member of the Commission presiding over the meeting will be physically present at the above public location. Audio conference equipment providing two-way audio communication with each member participating remotely will be made available, and each portion of the meeting held by audio conference that is required to be open to the public can be heard by the public at the location specified. CITIZEN. AUDIO CONFERENCE PARTICIPATION Call-in number: 1-408-418-9388. Attendee. Access Code: 626-304-323#. Those wishing to speak will be called upon to address the Commission. Citizens wishing to listen or participate must call in prior to the start of the meeting, and. should identify themselves. Planning and Zoning Commission agenda packets can also be viewed on-line at www.lockhart-Ix.org starting two days before the meeting. Navigate from the Departments tab at the top to Development Services Meeting Minutes/Schedules (on left side) - Agendas & Minutes : Planning & Zoning Commission Agendas & Minutes Attendees may call in to listen only, if desired. Agenda Packets. AGENDA 1. Call meeting to order. 2. Citizen comments not related to an agenda item. 3. Consider the Minutes oft the March 24, 2021, meeting. 4. ZC-21-03. Hold a PUBLIC HEARING and consider a request by Sanjay Parikh, on behalf of Russell Smith, for a Zoning Change from CHB Commercial Heavy Business District and AO Agricuitural-open Space District to 2.13 acres CHB Commercial Heavy Business District and 8.881 acres RHD Residential High Density District on a total of 11.011 acres in the Francis Berry Survey, Abstract No. 2, located at 1820South Colorado Street (US 183). 5. Review Lockhart 2020 Comprehensive Plan to identify areas where updating of text and maps is needed. 6. Discuss the date and agenda of next meeting, including Commission requests for agenda items. 7. Adjourn. Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas, at 11:30 AM on the 9th day of April, 2021. City of Lockhart March 24, 2021 MINUTES Planning and Zoning Commission Members Present: Philip McBride, Rick Arnic, Chris St. Leger, Philip Ruiz, Manuel Oliva, Ron Peterson, Bradley Lingvai (via phone) Member Absent: None Staff Present: Dan Gibson, Christine Banda Visitors/Citizens Addressing the Commission: Ricardo Rodriguez, Fernand Gutierrez, Edgar Gutierrez, Mark Silverman, Susan Silverman, Stephanie Bradley 1. Callr meeting to order. Chair Ruiz called the meeting to order at 7:00p p.m. 2. Citizen comments not related to an agenda item. None. 3. Consider the Minutes of March 10,2021. Commissioner Arnic moved to approve the March 10, 2021 minutes. Commissioner McBride 4. SUP-21-01. Hold a PUBLIC HEARING and consider a request by Ricardo Rodriguez on behalf of Stephanie Bradley for a Specific Use Permit to allow a Bar with extended hours to 2:00 a.m.on part of Lot6 6, Block 17,Original Town dflashsmstidnsse. zoned CCB Commercial Mr. Gibson explained that the subject property has been al bar several times int the past, but the new tenant wishes to remain open until 2:00 a.m on weekends. The specific use permit for the previous bar had a condition that it had to close no later than midnight. He used maps and seconded, and the motion passed by a vote of7-0. Central Business District and located at 211 East Market Street. photos to show the subject property and surrounding area. Commissioner McBride asked if there were any other bars open until 2:00a.m. Mr. Gibson replied that he was not sure. Commissioner Peterson said that El Rey, located on South Commerce Street, is open until 2:00a.m. Chair Ruiz opened the public hearing and asked the applicant to come forward. -1- Planning and Zoning Commission Regular Meeting 03-24-2021 Ricardo Rodriguez, of 2001 FM 1322, said that he would like to open a family friendly sports bar similar to Pluckers. He would like to provide food, entertainment, and alcohol locally sO that patrons would not need to drive out of town for such activities after midnight. Chair Ruiz asked why they need the extended hours. Mr. Rodriguez replied that sales during the extended hours would bei financially beneficial. Also, staying open later would allow locals to stay in town instead of driving out of town for more entertainment late at night. Chair Ruiz asked for any other speakers. Fernand Gutierrez, of 273 Old Luling Road, said that he is in favor of the sports bar, and agrees that it would provide another option for entertainment in town versus driving out oftown. Edgar Gutierrez, of 273 Old Luling Road, said that hei isone of the partners ofthe proposed sports bar business. He believes it would provide good entertainment for Lockhart, and would be the Mark Silverman, of 8808 Taylor Road in Austin, said he and his wife own the building just east of the subject property. He studied some white papers on criminal activity during extended hours between midnight and 2:00 a.m., and found more crime and car crashes due to alcohol consumption during those hours. He: said he opposed approval oft the specific use permit. Susan Silverman, of 8808 Taylor Road in Austin, said she opposed allowing the bar to remain open for extended hours. She expressed her appreciation to the Commission for limiting the hours of the previous specific use permit for a bar. She said that since then there has been no vandalism, trash, or the smell of urine on her property. She has been able to keep her building Stephanie Bradley said she owns the subject property and, until recently, operated the previous bar, Bruno's, that had to close due to Covid restrictions. She said she had no problems or violations when she ran Bruno's, although there were problemswhent the! building was occupied by the Risky Business bar. Shel believed that her newi tenants were good citizens of Lockhart and wanted to run a respectable establishment. After running Bruno's and closing at midnight she saw firsthand the amount of money lost and the disappointment in those having to leave at midnight to find other plaçes to go. She believes extending thel hours would give folks who work in town and get off at 10 p.m. or 11 p.m. a place to relax and unwind instead of going out of Mr. Rodriguez spoke again and said he agrees there is more criminal mischief after midnight and understands that bad things could happen. He stated he would like to change that, and would provide some good entertainment for the citizens of Lockhart ini town where its closer to home. first sports bari in town. and property attractive to potential tenants. town. Chair Ruiz closed the public hearing and asked for the staff recommendation. -2- Planning and Zoning Commission Regular Meeting 03-24-2021 Mr. Gibson said the any impacts of the bar depend on how well the proprietor of the establishment conducts their business. He said staff recommended approval of the specific use permit as requested, but noted that staff could also supportacondition that the extended hours portion of the permit be reviewed again in one year to determine whether or not it should be Vice-Chair Oliva moved to recommend approval of SUP-21-01 subject to a condition that the commission revisit this case in one year to determine whether or not the extended hours to 2:00 a.m. should continue based on any violations or complaints. Commissioner Peterson 5. Discuss the date and agenda of the next meeting, including Commission requests for agenda continued based upon any reported violations or complaints. seconded, and the motion passed by a vote of 7-0. items. Mr. Gibson stated that the next regular meeting would be held on April 14, 2021, and that there would be a specific use permit on the agenda. 6. Adjourn. Commissioner Arnic moved to adjourn, and Commissioner St. Leger seconded. The motion passed by a unanimous vote, and the meeting adjourned at 7:49 p.m. Approved: (date) Christine Banda, Recording Secretary Manuel Oliva, Vice-Chair -3- Planning and Zoning Commission Regular Meeting 03-24-2021 1711 IL 1700 1701 1700 AO, 1701 1705 1706 1709 1711 & 1721 RLD RHD 1710 1712 1703 1714 1709 1720 1711 1722 1721 1724. 1801 1800 1811 1806 1816 215 BLVP PI 119 115 200 111 IL 114 112 125 WEST MLK: Jr INDUSTRIAL BLVD 120 CHB 1820 4 RHD AO AO 1831 CHB IH 1904- 1906 CHB 1908 1901 1910 CHISHOLM TRL RMD 2000 2001 IH ZC-21-03 SUBJECT PROPERTY ZONING BOUNDARY - CITY LIMITS r :: 200 FT BUFFER CHB & AOTO CHB & RHD 1820SCOLORADOSI - scale 1": = 400' 1711 1701 1700 LAY,RD 1701 1705 1706 1709 17113 1721 1710 1712 1703 1714 1709 1720 1711 1722 1721 1724 1801 1800 1806 1811 1816 221 215 BLVD 201 S NALE 200 1700 111 112 125 WEST MLRG INDUSTRIALBIVD 114 1810, 1825 1825 1830 1831 1904. 1906 1908 1910 6 1901 CHISHOLMI TRL 2000 2001 ZONING DISTRICTS AGRICULTURALOPEN: SPACE COMMERCIAL HEAVYE BUSINESS COMMERCIALI MEDIUME BUSINESS INDUSTRIAL HEAVY INDUSTRIAL LIGHT PUBLIC ANDI INSTITUTIONAL RESIDENTIAL HIGH DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL MEDIUM DENSITY LOCKHART CITYLIMITS ZC-21-03 CHB & AOT TO CHB & RHD 1820S COLORADOST - scale 1"=4 400' 700 LAYRD 701 1710 1712 1703 1714 1709 1720 1711 1722 1721 1724 1801 1800 1806 1811 1816 1700, 1701 1706 SIRICY 125 WESTA MLKO INDUSTRIALBLVD 1810 1817 825 1825, 1830 1831 1904- WaMart 1906 1908 1910 d 1901 CHISHOLM TRL 2000 2001 GENERAL-HEAVY COMMERCIAL INDUSTRY LIGHT-MEDIUM COMMERCIAL PUBLIC ANDI INSTITUTIONAL RESIDENTIAL, HIGH DENSITY RESIDENTIAL, LOW DENSITY RESIDENTIAL, MEDIUM DENSITY FUTURE LANDUSE CHB & AOT TO CHB & RHD 1820S COLORADO: ST - + scale 1"=4 400' a COLORADO! ST PLANNING DEPARIMENT REPORT ZONING CHANGE CASE SUMMARY STAFF: Dan Gibson, City Planner REPORT DATE: April 8, 2021 CASE NUMBER: ZC-21-03 PLANNING AND ZONING COMMISSION HEARING DATE: April14, 2021 CITY COUNCIL HEARING DATE: April 20, 2021 REQUESTED CHANGE: CHB & AO to CHB & RHD STAFF RECOMMENDATION: Approval PLANNING AND ZONING COMMISSION RECOMMENDATION: BACKGROUND DATA APPLICANT: Sanjay Parikh OWNER: Russell Smith SITE LOCATION: 1820S S. Colorado Street (US 183) LEGAL DESCRIPTION: Metes & bounds SIZE OF PROPERTY: 11.011 acres EXISTING USE OF PROPERTY: Vacant LAND USE PLAN DESIGNATION: General-Heavy Commercial, Industry ANALYSIS OF ISSUES REASON FOR REQUESTED ZONING CHANGE: The applicant proposes commercial uses at the front oft the property, and multifamily residential at the rear. The depth of the commercial portion will be slightly greater than the current area: zoned CHB and, of course, RHD: zoning would replace the existing AO-zoned area for the multifamily portion. AREA CHARACTERISTICS: Existing Use Zoning CHB, IL Future Land Use Plan General-Heavy Commercial, North East South West Commercial, Vacant, Industrial Industry Vacant, Bar Commercial, Vacant Apartments IL, CHB, AO Industry CHB,AO RHD General-heavy Commercial, High Density Residential, General-Heavy Commercial Industry TRANSITION OF ZONING DISTRICTS: The requested CHB zoning is essentially already existing, but just covers a slightly different area. Although there is no existing RHD zoning abutting the subject property, there is RHD zoning directly across Colorado Street where the Southpark' Village apartments are located. ADEQUACY OF INFRASTRUCTURE: Both water and wastewater utilities are available and adequate. Vehicular access will be from Colorado Street. POTENTIAL NEIGHBORHOOD IMPACT: The proposed commercial portion of the site is already zoned for ita and will undoubtedly create more traffic and other typical impacts of commercial land uses when developed. The change from AO to RHDI behind the commercial areawillobviously allowagreater density ofdevelopment up to 12 units per acre, which will also create additionaltraffic. Withthel bordering gzoning classifications being CHB, IL, and AO (future industrial behind Walmart), the proposed multifamily development would not impose any greater negative potential impacts than industry, which is the property'sf future land use designation and could involve large trucks, bright night-lighting, and noise. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed CHB zoning classification for the front portion oft the site is consistent with the Land Use Plan map designation oft future General-Heavy Commercial. The proposed High Density Residential classification is not consistent with the future land use designation of Industry fori the rear portion of the site. However, the existing AO designation is also not consistent with ALTERNATIVE CLASSIFICATIONS: The only alternative would be a zoning classification that is consistent the Land Use Plan future land use designation of Industry. That would be either IL or IH zoning. the Land Use Plan. RESPONSE TO NOTIFICATION: None, as of the date oft this report. STAFF RECOMMENDATION: Staff recommends approval of the proposed CHB and RHD zoning classifications. ZONING CHANGE APPLICATION CITY OF 512/398-3461 . FAX/512/398-3833 P.O. Box 239 . Lockhart, Texas Lockhart 78644 308 ersanAnonosrer TEXAS APPLICANTIOWNER APPLICANT NAME Sanjay Parikh DAY-TIME TELEPHONE 9043150089 E-MAIL Sp32086@a0l.com OWNER NAME ADDRESS 105 Wigeon Cove Cedar Park, TX 78613 Russell Smith 1820 South Colorado St Lockhart, TX ADDRESS DAY-TIME TELEPHONE 512-393-9951 E-MAIL smtnemal@gmai.com PROPERTY 4533 A53. 03 ADDRESS OR GENERAL LOCATION 1820 S. Colorado Street LEGAL DESCRIPTION (IF PLATTED). SIZE 11.011 ACRE(S) LAND USE PLAN DESIGNATION CBH/Industrial EXISTING USE OF LAND AND/OR BUILDING(S) Agriculture PROPOSED NEW USE, IF ANY Commercial, Multi-Family REQUESTED CHANGE : FROM CURRENT ZONING CLASSIFICATION CHB & AO TO PROPOSED ZONING CLASSIFICATION CHB & RHD REASON FOR REQUEST To develop the front 2.13-acres (CHB) as Commercial/Retail and the rear 8.81-acres (RHD) as residential high-density SUBMITTAL REQUIREMENTS IF THE APPLICANT IS NOT THE OWNER, A LETTER SIGNED AND DATED BY THE OWNER CERTIFYING THEIR OWNERSHIP OF THE PROPERTY AND AUTHORIZING THE APPLICANT TO REPRESENT THE PERSON, ORGANIZATION, OR BUSINESS THAT OWNS THE PROPERTY. IFN NOT PLATTED, A METES AND BOUNDS LEGAL DESCRIPTION OF THE PROPERTY. NAME(S). AND ADDRESS(ES) OF PROPERTY LIEN-HOLDERS), IF ANY. 370.22 APPLICATION FEE OF $ 1/4 acre or less Between 1/4 and one acre One acre or greater PAYABLE TO THE CITY OF LOCKHART AS FOLLOWS: $125 $150 $170 plus $20.00 per each acre overc one acre TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND SPRRECTAND IT IS UNDERSTOOD THAT I OR ANOTHER REPRESENTATIVE SHOULD BE SIGNATURE, MEETINGS CONCERNING THIS APPLICATION. 03/24/21 DATE Tp OFFICE USE ONLY ACCEPTED BY perde RECEIPT NUMBER Chshu DATE SUBMITTED 3-24-2021 DATE NOTICES MAILED CASE NUMBER. ZC- 31.03 DATE NOTICE PUBLISHED 4-1-2021 PLANNING AND ZONING COMMISSION MEETING DATE. 4-14-2021 PLANNING AND ZONING COMMISSION RECOMMENDATION CITY COUNCIL MEETING DATE DECISION DocuSign Envelope ID: 2DCE184F-A975-4388-9DF7-4BFB79D6F978 March 23, 2020 Tov whom it may concern, lam the owner of the property at 1820 South Colorado Street, Lockhart, TX. lauthorize Sanjay Parikh to submit an application to change the zoning oft the property. Sincerely, -DocuSignedb by: Russell Switle -C9ABF1787C28427. Russell Smith TO: Planning and Zoning Commission FROM: Dan Gibson, City Planner D SUBJECT: Agenda item #5, Comprehensive Plan City of Lockhart MEMO DATE: April9,2021 The City Council is interested in updating the Lockhart 2020 Comprehensive Plan. We looked at it about ten years ago and decided that the text was still relevant, but the land use and thoroughfare plan maps needed updating. So that was done, along with the creation ofa new sidewalk and trail map, in 2011. Ifa major update is undertaken, it would involve retaining a consulting firm to do the bulk of the work since staff is already at our limit in terms of workload. Ihave been asked to list specific areas in the comprehensive plan, if any, that are out of date enough to require revision, or to identify subject areas that should be added which are currently not in the plan document. That report, including any recommendation you would like to make with regard to updating the plan at this time, will then be provided to the City Council. Therefore, I am asking for the Commission's input for what to include in the report. I'm not proposing to review the plan page-by-page during the meeting, but would like for you to read as much ofi it as you wish and take notes SO you'll be prepared to provide your suggestions. We can discuss the plan chapter-by-chapter, and if it takes too long for one meeting we'll simply The subject of another possible major project does not change my current priorities, including the adoption of the subdivision regulation amendments and the total rewrite of the zoning ordinance, both of which have been dragging on for far too long. In addition, another critical need is revising our sign ordinance, since much of it is now essentially unenforceable due to the 2015 Supreme Court decision in Reed V. Town of Gilbert, Arizona, that cities could not base the regulation of signs on the message displayed (content neutral). Subsequent interpretations have determined that it is still permissible to distinguish on-premise signs from off-premise signs, but our ordinance contains many other sign classifications based on the type of message that need to be reevaluated. Signs can still be regulated in terms of time, place and manner (size, height, setbacks, etc.). Because it would be a major overhaul, perhaps the new sign regulations could be included in the new zoning ordinance, similar to the parking, screening, appearance, and other standards that are already in that ordinance and which will be continue this item to the next agenda until we are finished with thereview. extensively revised.