City of Lockhart Planning and Zoning Commission October 28, 2020  MINUTES  Members Present: Philip Ruiz, Philip McBride, Rick Arnic, Chris St. Leger, Manuel Oliva, Bradley  Lingvai (via phone), Paul Rodriguez (via phone)  Member Absent: None  Staff Present: Dan Gibson, Christine Banda, Kevin Waller  Visitors/Citizens Addressing the Commission: Winn Smith, Sterling Yates, Mike Kamerlander,  Brandon Alexander, Jonathan McNamara, Victor Ostiguin  1. Callr meeting to order. Chair Ruiz called the meeting to order at 7:00 p.m.  2. Citizen comments not related to an agenda item. None. 3. Considert the Minutes oft the September 23, 2020, meeting. seconded, and the motion passed by a vote of 7-0.  Commissioner McBride. moved to approve the. September 23, 2020minutes. Commissioner. Arnic 4. SUP-20-13. Hold a PUBLIC HEARING and consider a request by Winn Smith, on behalf of Countywide, L.P., for a Specific Use Permit to allow Construction of a single-family dwelling in the FH Flood Hazard Overlay District on Lot 21, Block 1, Lakeview Addition Section IL consisting of0.187-acre zoned RHD Residential High Density District, and located at 1509 Lakeview Drive. Mr. Gibson explained that this is the first time this type of specific use permit application has been considered by the Commission. The applicant proposed to construct a single-family dwelling on a vacant lot that is partially in the 100-year floodplain. The FH Flood Hazard Overlay District requires Commission approval of an SUP before at floodplain development permit can be issued. The floodplain development permit isap prerequisite toobtaining a building permit. The floodplain ordinance requires the lowest habitable floor to be at least one foot above the base flood elevation. The applicant must also submit with the application a pre-construction elevation certificate prepared by an engineer, architect, or surveyor, documenting the base flood elevation and the proposed floor elevations. Mr. Gibson: said that a correct and complete  elevation certificate had been submitted.  Chair Ruiz opened the public hearing and asked for any speakers.  -1-  Planning and Zoning Commission Regular Meeting 10-28-2020    Winn Smith, of 8406 Avocet Drive in Austin, said he is the property owner and building contractor forthel home. He mentioned thati the subject loti isthe last vacant one alongl Lakeview Drive, in asubdivision his grandfather and father built in the 1970's. The home will be similari in Chair Ruiz asked for any other speakers and, seeing or hearing none, he asked for the staff  size and style to the existing homes int the neighborhood.  recommendation.  Mr. Gibson said staffr recommended approval. floodplain have been flooded before.  Commissioner Lingvai asked if the existing homes south of the property that are also in the Mr. Smith replied that he had spoken to the neighboring property owners and they said that stormwater had never gotten inside their homes. He also mentioned that the new home would Commissioner Oliva moved to approve SUP-20-13. Commissioner St. Ledger seconded, and the motion passed by a vote of 5-1-1, with Chair Ruiz against and Commissioner Rodriguez 5. FP-20-02. Consider a request by Sterling Yates on behalf of Blackiack Block L LLCI for approvalof aFinal Plat for the Iron Ox Addition, consisting of 24.575 acres in the James George Survey, Abstract No. 9, zoned AO Agricultural-Open Space District and located at 1205 Reed Drive, includingal Variance to waive the requirement in Section 52-77b)ofthe Subdivision Regulations for ai four-foot wide public sidewalk along the Reed Drive frontage, and a Variance to waive the requirement in Section 52-201(a) for concrete monuments at two subdivision boundary corners. Kevin Waller explained that the applicant proposes to plat two lots into one sO that they can utilize it for a new commercial greenhouse facility. They requested two variances to the subdivision standards. The first was to waive the four-foot sidewalk requirement along Reed Drive. The applicant would construct the five-foot wide public sidewalk along Blackjack Street, asr required. The other variance request ist to waive the requirement tos set concrete monuments at two subdivision boundary corners, one of which must be at a street right-of-way boundary. Theapplicant had explainedt that all cornershave stablshedsureymarker; and thattoreplace or otherwise remove these markers would violate Texas Administrative Code (TAC) Section 663.17, which required existing markers be left as found. Ifthe existing markers were replaced itwould create uncertainty for future retracements of the survey or adjoining properties.  be two and half feet higher than those homes.  abstaining.  Chair Ruiz asked fori ift the applicant was present.  Sterling Yates was on the phone, but he preferred that the engineer address the Commission.  -2-  Planning and Zoning Commission Regular Meeting 10-28-2020    Mike Kamerlander, the City of Lockhart Economic Development Director, said that the City is offering incentives for the project and requested approval oft theplat and the variances. Brandon Alexander with Iron Ox, Inc, of 955 Terminal Wayi in San Carlos, California, said that he grew up in Texas and found this property to work well for what they propose. The company develops high tech green houses where robotics is used to grow produce, and it's their desire that the Lockhart location be the flagship for Texas. The proposed building is over 150,000 square feet with a construction cost of $10 million. The plan is tohire 150 people initially, with room for expansion in the future. He explained their reasoning for the sidewalk variance, and stated that it would not be detrimental to the overall Lockhart community if no sidewalk was Chair Ruiz said that no matter where sidewalks are constructed he believes that pedestrians Mr. Kamerlander said he agrees with the overall importance of sidewalks, but in this case it would only lead to the rear of the business property and the adjacent gravel pit. He supported Chair Ruiz asked for any other speakers and, seeing or hearing none, he asked for the staff  constructed along Reed Drive. would eventually use them.  the staff's recommendation. recommendation.  Mr. Waller recommended approval of the plat and the two variances.  Commissioner Arnic moved to approve FP-20-02. Commissioner McBride seconded, and the 6. FP-20-03. Consider a request by Joshua Valenta on behalf of Lockhart II Partners, LTD, for approval of a Final Plat for Heritage Place Subdivision, consisting of 8.465 acres in the Francis Bervyurvey.Abstract No. 2,zoned PDD Planned Development District and located at 1501 Clear Mr. Waller explained that the preliminary plat was approved bythe Commission inJ January 2020, and nowi the applicant is ready to move ahead with the final plat. He mentioned that the Public Works Director, Sean Kelley, originally had: some concerns about the drainage buti that theyl have been addressed by the citye engineer'sreview: oft the construction plans. He said that no variances were requested, and that a public sidewalk would be constructed along Clear Fork Street as well Johnathan McNamara, of 8 Spencer Road in Boerne, said he represents Matkin-Hoover Engineers, who are designing Heritage Place Subdivision. He expressed their excitement about  motion passed by a vote of 6-1, with Chair Ruiz against.  Fork Street.  as along the internal street.  working on the project, and with the City of Lockhart.  Chair Ruiz asked for any questions from the commissioners, and there were none.  -3-  Planning and Zoning Commission Regular Meeting 10-28-2020    Chair Ruiz asked for any other speakers and, seeing or hearing none, he asked for the staff  recommendation.  Mr. Waller said that staff recommended approval.  Commissioner McBride moved to approve FP-20-03. Commissioner Oliva seconded, and the 7. FP-20-05. Consider a request by Dane Braun on behalf of LockhartIP Partners, LTD, for approval ofa Final Plat for Summerside Subdivision, Section 3A, consisting of 21.972 acres in the Esther Berry Survey, Abstract No. 1, zoned RMD Residential Medium Density District and located at Mr. Waller explained that the final plat for Section 3A was originallyapproved in April 2019. The approval of final plats is valid for a maximum of one year before construction of the public infrastructure starts, with an additional six months upon approval by the city planner ofawritten request for an extension. The year was going to expire, sO the: applicant requested thes six-month extension, which was granted. That time period had just expired and construction had not been started, sO a new application was: submitted to begin the process again. He explained that there were no changes to the plat, and that all of the suggested conditions under form and content are still applicable. In addition, a Letter of Map Revision (LOMR) application must be submitted to FEMA and approve prior to recordation oft the plat. It wassupposed to be done when Section 2 was platted and constructed because the floodplain was altered for an off-site stormwater detention facility as well as the on-site public park. Section 3A will involve enlarging the same detention facility, SO it's an appropriate time to enforce the LOMR requirement. And finally, it was noted that the Commission had approved the initial final plat for Section 3A subject to a condition that a note be put on the plat providing for a contribution of funds by the subdivider to be used by the City for amenities in the Section 3A parkland. Mr. Waller said he would make  motion passed by a vote of 7-0.  2219 FM1322.  suret that note is on the plat before it is recorded. Chair Ruiz asked the applicant to come forward.  Victor Ostiguin with Doucet & Associates, Inc., of Gonzales, said that nothing had been changed on the plat from the one that was already approved, and that he was present to answer any questions the Commission mayl have. He said he agreed with the staff's conditions for approval Chair Ruiz asked for any other speakers and, seeing or hearing none, he asked for the staff Mr. Waller said that staff recommended approval of the plat subject to the stated conditions. Commissioner Oliva moved to approve FP-20-05. Commissioner Rodriguez seconded, and the  of the plat.  recommendation.  motion, passed by a vote of 7-0.  -4-  Planning and Zoning Commission Regular Meeting 10-28-2020    8. Discuss the date and agenda of next meeting, including Commission requests for agenda items. Mr. Gibson announced that the next regular meeting would be held on November 18th, which is the third Wednesday of the month and would bei the only Commission meeting in November.  9. Adjourn.  Commissioner Arnic moved to adjourn, and Commissioner St. Ledger seconded. The motion  passed by a unanimous vote, and the meeting adjourned at 8:10 p.m.  l-19-Zozo  Approved:  (date)  Chushe BIh Christine Banda, Recording Secretary  EB  5-  Planning and Zoning Commission Regular Meeting 10-28-2020