PUBLIC NOTICE City of Lockhart Planning and Zoning Commission 7:00 PM, Wednesday, April 24, 2024 Municipal Building- Glosserman Room 308 W. San Antonio St.  AGENDA  1. Calln meeting to order.  2. Citizen comments not related to an agenda item. 3. Consider the Minutes of the March 13, 2024 meeting.  4. SUP-24-02. Hold a PUBLIC HEARING and consider a request by Jesse Hernandez for a Specific Use Permit to allow commercial outdoor recreation, entertainment, and amusement events on 0.33 acre in the O.T. Lockhart, Block 33, part of Lot 6, zoned CHB (Commercial Heavy Business), 5. Discuss the date and agenda of the next meeting, including Commission requests for agenda  and located at 203 East Pecan Street.  items. 6. Adjournment.  Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street,  Lockhart, Texas, at 10:00 a.m. on the 17th day of April, 2024.    City of Lockhart March 13, 2024 MINUTES  Planning and Zoning Commission  Members Present: Philip Ruiz, Phil McBride, Bradley Lingvai, Julia Haug, Manuel Oliva, Ron  Peterson, Rick Arnic  Members Absent: None  Staff Present: David Fowler, Kevin Waller, Christine Banda 4), Katherine Loayza oplicantsrepresenative, Agenda Item 5)  Visitors/Citizens Addressing the Commission: Pete Hoyt (applicant's representative, Agenda Item  1. Callmeeting to order. Chair Ruiz called the meeting to orderat 7:00 p.m.  2. Citizen comments not related to an agenda item. None 3. Consider the Minutes oft the February 28, 2024, meeting.  Commissioner Arnic moved to approve the February 28, 2024 meeting minutes. Commissioner 4. PV-24-01. Consider a request by Brian Parker, P.E., of Kimley-Horn and Associates, Inc., for approval of a Plat Variance to allow a 6-month extension to October 11, 2024, after a six-month extension to April 12,2024, as authorized in Section 52-35(e)of the Subdivision Regulations, of the one-year period within which construction must begin following approval by the Planning and Zoning Commission on October 12, 2022,ofthe Final Plat ofCalvary Subdivision on 34.512 acres, zoned RHD Residential High Density District and located at 400 State Park Road.  Peterson seconded, and the motion, passed by a vote of5-0.  Commissioners Oliva and Lingvai arrived at 7:03 p.m.  Planning Staff Kevin Waller came forward for the staff report. He stated that the applicant is requesting their second extension for the subdivision for an additional six months. Mr. Waller mentioned that the Commission had recently approved a similar request for both Sections 5 and 6 of Summerside Subdivision. The applicant informed Staff that it had been difficult securing contractors as the primary reason for the variance request. The applicant's current deadline fori the start of construction is April 12, 2024, pursuant to thei first extension approval.  Chair Ruiz asked for the applicant to come forward.  -1-  Planning and Zoning Commission Regular Meeting03-13-2024    Pete Hoyt with Kimley-Horn, 10814 Jolleyville Road, Austin, stated that they are the civil engineers for the project. He mentioned that this project started back in 2021. This variance request allows their client more time to start construction with more ideal market conditions. Chair Ruiz asked for any other speakers; seeing none, he asked for Staff's recommendation. Mr. Waller stated that Staffrecommends approval of the extensionrequest, with the condition Commissioner Lingvai moved to approve the second 6-month extension of the Final Plat approval period, with. Staff's condition that no other extensions will be granted. Commissioner 5. FP-24-02. Consider a request by C.J. Ponton, P.E., of Kimley-Horn and Associates, Inc., for approval of a Final Plat for McCormick Ranch Planned Development, consisting of 53.00 acres in the Cornelius Crenshaw Survey, Abstract No. 68, zoned PDD (Planned Development District) Mr. Waller came forward with the staff report. He stated that the Preliminary Plat was approved by the Commission on January 24, 2024, with the PDD Development Plan and associated zoning change approved by the City Council at its February 6, 2024, meeting. A Subdivision Variance submitted with the Preliminary Plat application was denied by the Commission to remove the sidewalk requirement alongt the propert/sF.M.2001 frontage, with the Commission instead requiring that a fee in lieu of the sidewalk's construction be paid by the developer, which was added to the plat by note. The lot would be developedi in two phases for light industrial uses. A four-foot-wide compacted gravel employee walking trail will be located along the full length of the west boundary of the lot, and will be constructed during Phase 2. Mr. Waller confirmed that the plat meets all requirements forf form and content. Plus, itn meets all applicable subdivision standards including utility line extensions and stormwater  that noi further extensions be granted in the future.  Haug seconded, and the motion passed with a vote of 7-0.  and located at 1925FM2001.  drainage.  Chair Ruiz asked for the applicant to come forward.  Katherine Loayza with Jackson Walker, 100 Congress Ave., Austin, stated that she represented the applicant. She stated that the plat complies with all subdivision regulations. Chair Ruiz asked for any other speakers; seeing none, he asked for Saffsrecommendation. There was a Commission question regarding the timing of payment oft the fee-in-lieuofsidewakk Planning Staff David Fowler explained that the plat note states that the fee is due prior to the building permit being issued, but that a recent discussion with the applicant after the Commission's meeting on the preliminary plat revealed that Staff had agreed to the fee in lieu being paid prior to issuance of a Certificate of Occupancy. The fee would be billed at thet time  construction along thel F.M. 2001 frontage.  of permit issuance.  -2-  Planning and Zoning Commission Regular Meeting 03-13-2024    Mr. Waller stated that Staff recommends approval oft the final plat.  Commissioner Peterson moved to approve FP-24-02. Commissioner Arnic seconded, and the  motion passed with a vote of 7-0. . Planning Director'sr report.  Mr. Fowler reminded the Commission of the upcoming Open House Meeting for the Comprehensive Plan on March 18th. He informed the Commission that the City Council did approve the Lighting Ordinance, but because of a 2021 update to the Local Government Code affecting buildingmaterials, the city mustnow: apply for DasycnatmbaRaya the Lighting Ordinance. Fowler also mentioned that the Commission will see some oft the PDD developments coming back to them for approval and changes. He also stated that Staff is working on updates to the definitions for the various uses in the Zoning Ordinance to ensure 7. Discuss the date and agenda of the next meeting, including Commission requests for agenda  that each is clearlya and completelyariculates, and for internal consistency.  items.  Mr. Fowler stated that the next regularly scheduled meeting would be held on Wednesday,  March 27th, with the possibility of one subdivision plat on theagenda.  8. Adiournment.  Commissioner Haug moved to adjourn, and Commissioner Lingvai seconded. The motion passed  by aunanimous vote (7-0), and the meeting adjourned at 7:33 p.m.  Approved:  (date)  Christine Banda, Recording Secretary  Philip Ruiz, Chair  3-  Planning and Zoning Commission Regular Meeting 03-13-2024    IL  CITYF PARKF RD  505 503 501  PI  RHD  500  AO   0  PDD  RHD  400  310,    401  0 04  CMB  CHB 203 201 EPECANST  0  105,  IH  210  101 WPECANST  218 208 215 N 204  316  200  221  CHBI 203 200 d 107 ST EWALNUTS 120 119 104106 115 CCB or ESAN ANTONOST  216  EMALRUISL  115 CHB 111  110 IL 100 102 108 112  109 119 WWALNUTS ST 118 112 - 119  6  1041 119 118  117 112 a 113 107 de ae  315  301 CMB 312  201 CHB o R00:206) 102  101 "02  SUP-24-02 203 E PECAN ST  SUBJECT PROPERTY ZONING BOUNDARY 200 FT. BUFFER  COMMERCIAL OUTDOOR RECREATION, ENTERTAINMENT AND AMUSEMENT    scale 1"=2 200'    GRAIOSST  SCOIOIADOS  AS OQVHO10DN  CACOAMEICES  Crre  CAUICIEST  CIELANCOS    PLANNING DEPARTMENT REPORT  SPECIFIC USE PERMIT  CASE SUMMARY  STAFF CONTACT: Evan Olszewski, Planner REPORT DATE: April 10, 2024 PUBLICI HEARING DATE: April 24, 2024 SUGGESTED CONDITIONS: to any event,  CASE NUMBER: SUP-24-02  APPLICAN/SREQUEST: Commercial Outdoor Recreation, Entertainment, and Amusement STAFF RECOMMENDATION: Approval with conditions, if no significant opposition  1) The Applicant shall pay for the outstanding permit for the concrete pad and pass inspection prior 3) The SUP shall be suspended if the proposed events do not adhere to the noise decibel limits  2) Events shall be limited to the occasions and times provided by the Applicant,  established in Section 64-198.  BACKGROUND DATA APPLICANT(S): Jesse M. Hernandez OWNER(S): Marie Alewine SITE LOCATION: 203 East Pecan Street SIZE OF PROPERTY: 0.33 acres EXISTING USE OF PROPERTY: Retail shop  LEGAL DESCRIPTION: Original Town of Lockhart, Block 33, Part of Lot of6  ZONING CLASSIFICATION: CHB Commercial Heavy Business  ANALYSIS OF ISSUES  CHARACTERISTICS OF PROPOSED USE: The Applicant requests a Specific Use Permit for Commercial Outdoor Recreation, Entertainment, and Amusement to host live music during First Friday Downtown events. The Applicant also proposes to host "Third Sunday" events in the future. Several events have been held on the property and staff contacted the Applicant submit a request for an SUP after noise complaints for two of the events. The Applicant also proposes to use a concrete pad to the west oftheexisting building for the events. The pad is not subject tot the approval of the SUP but is noted for context. Its construction was begun without the required building permit, and although a permit has been submitted, it has not been paid for and the pad has not been inspected. The subject zoned CHB and is outside Lockhart's downtown area. The shop is located in an area that is property flower and funeral monument store to the west, and a single-family residence zoned RHD to the north. The Commercial Outdoor Recreation, Entertainment, and Amusement use requires a Specific Use Permit sO that the Planning and Zoning Commission can weigh the particulars of each request on a case-by-case basis. The Applicant provided information and a site plan for the proposed use. The existing retail includes eight parking spaces and bathrooms for attendees of the proposed events. Outside and to shop the west of the building, an existing deck and proposed concrete pad will host the live music. The Applicant stated that the events have an anticipated attendance of 30 to 40 people and willl be staffed the four of the retail shop. Seating will be available both inside the shop andoutside near the event space. The proposed event hours are approximately 7 p.m. to 10 p.m. on First Fridays and 2 p.m. to 6  received  staff  is principally  commercial  in nature. There is an empty parking lot to the south, North Colorado Street to the east, a  owners "Third Sundays".  by on p.m.    NEIGHBORHOOD COMPATIBILITY: The surrounding zoning classifications are RHD to the north, CHB and CMB across North Commerce Street to the west, CMB to the south, and IH across North Colorado Street to the east. The nearest single-family home is on the property immediately to the north, which sits approximately one hundred feet from the subject property's northern boundary. There is at funeral home across North Commerce Street to the west and a vacant former auto parts store and parking lot to the south across East Pecan Street. In general, the house to the north has the greatest potential of being negativelyimpacted by the proposed events. Noise and parking are the primary concerns for the events. COMPLIANCE WITH STANDARDS: There are eight parking spots for event attendees noted on the Applicant'ssite plan and parking is allowed on the adjacent streets. There is currently no parking formula for the Commercial Outdoor Recreation, Entertainment, and Amusement use other than the off-street standard for uses in the CHB district, but that standard is based on building floor area and number of employees, neither of which apply to the proposed use of the subject site as the outdoor area is not a habitable building. Therefore, no additional off-street parking is required unless the Commission wishes Although there is no way to assess the potential noise level at the time of application, the Applicant's events will be limited to 55 decibels before 10 p.m. and 50 decibels after 10 p.m. as measured at the northern property line, per the noise levels established in Lockhart City Code Section 64-198(c/(3)(a.). Performance standards for commercial and industrial districts. This standard could be difficult or impossible to meet as the proposed stage area is only sixteen feet from the northern property line. Additionally, the Applicant has obtained the required permit for the outdoor live music from the Chief of Police, as written in Lockhart City Code Section 18-28 Permit for bands, records or musical instruments. ADEQUACY OF INFRASTRUCTURE: All necessary utilities and vehicular access are available.  to attach such a condition to approval of the SUP.  RESPONSE TOI NOTIFICATION: None as of the date of this report.  STAFF RECOMMENDATION: Approval with conditions, if no significant opposition. Some live music events have already been held and staff has received some complaints from neighboring property owners. Staff believes that the recommended conditions addressing the daya andt time of events and the noise level will address some. factors in the complaints received to date, but acknowledge that more detailed  objections may be heard at the Commission's public hearing on the matter.  Conditions recommended:  1) The Applicant shall pay for the outstanding permit for the concrete pad and pass inspection 2) Events shall be limited to the occasions and times provided by the Applicant, 3) The SUP shall be suspended if the proposed events do not adhere to the noise decibel limits  prior to any event,  established in Section 64-198.    CITY OF LOCKHART - SITE PLAN  APPLICANT NAME:_ JESSE Mi. HEMAMDEZ  PHONE: 372 9951185  SITE ADDRESS: PERMIT NUMBER:  203 E. RGt SI LocfHnT TEMS 744Hf  PROPOSED WORK:_ Ikzo' CANCRETE Pp  Marbe FNeE LinE  (   wr  3  dy  4P  a 6 vaf"  6 12.5" F,  30'  7RCH  A2uehrblD wticys  PAeEN6  Ssps  Pwv  E.PEAN S7  Please indicate the following: streets and alleys;  1. North arrow, scale of the drawing (e.g., l"= 50 feet), property lines with dimensions, and abutting 2. Outline the location, size, and type of all structures with labels indicating whether existing or proposed; 3. Distances between all existing and/or proposed structures (measuring from roof overhang, if any) as 5. Location, dimensions, and surface material of existing or proposed driveways and off-street parking areas; specify the number of provided and required parking spaces. Planning staff can assist with this  show roofoverhangs as dotted lines;  well as from all existing and/or proposed structures to all property lines;  4. Location, type, and width of all known easements; and  requirement.    SPECIFIC USE PERMIT APPLICATION  CITY OF  Lockhart  512/3983461 e FAX/512/398.3833 P.O. Box 239 . Lockhart, Texas 78644  TEXAS  308 WetsanAntonlo.Sreet:  APPLICANTIOWNER  APPLICANT NAME. SEAE M.AAANDEZ ADDRESS P By 1304  DAY-TIME TELEPHONE 5724451185 E-MAIL MINAHEIRLG OWNER NAME MALANE DAY-TIME TELEPHONE 52-358-7453  LoccHAT IEMS 78444  ADDRESS,  E-MAIL.  PROPERTY  ADDRESS OR GENERAL LOCATION 103 E. RCAN  LEGAL DESCRIPTION (IF PLATTED). OThceher, Back 3,17L  (145)  SIZE. .33 ACRE(S)  ZONING CLASSIFICATION  CHB  EXISTING USE OF LAND AND/OR BUILDING(S). RETAL Sp aLT) REQUESTED SPECIFIC usétmmperaloting recreahuy PROPOSED USE REQUIRING PERMIT FiRST 1BAy - TeD    CHARACTERISTICS OF PROPOSED  INCLUDING INDOOR AND OUTDOOR  34  USE,  FACILITIES,  7ANTICIPATED OCEUPANCY (NUMBER OF DWELLING UNITS, RESIDENTS, EMPLOYEES, SEATS, OR 72 OTHER MEASURE OF CAPACITY, AS APPLICABLE), GROSS FLOOR AREA, HOURS OF OPERATION, AND ANY OTHER RELEVANT INFORMATION. ATTACHADDIIONAL SHEETS, IF NECESSARY. Ouooç PAno To LVE ENTPTRT STE plw Arcles  TRST TAAA4  7u- rOpu (3,4pSr fPrEISO)  Then SwaDay Zp-Wfha 3 45MN ir nNsSa) ANhefAOD Paopke 30-40/FN20A FALLTES ARE AACIBE Wemperes) OuTDoOR SEATN MALARE /houss d opatnoh  IHug)  PRESEN: OwNRs INDooR  upr10p    SUBMITTAL REQUIREMENTS  IF THE APPLICANT ISI NOTTHE OWNER, AL LETTER SIGNED ANDI DATEDBY THE OWNER CERTIFYING THEIR OWNERSHIP OF THE PROPERTY AND AUTHORIZING THE APPLICANT TO REPRESENT THE  PERSON, ORGANIZATION, OR BUSINESS THAT OWNS THE PROPERTY. IF NOT PLATTED, A METES AND BOUNDS LEGAL DESCRIPTIONOF THE PROPERTY.  SITE PLAN, SUBMITTED ON PAPER NO LARGER THAN 11X17,SHOWING: 1) Scale and north arrow; 2) Location of site with respect to streets and adjacent properties; 3) Property lines and dimensions; 4) Location and dimensions of buildings; 5) Building setback distances from property lines; 6) Location, dimensions, and surface type of off-street parking spaces and loading areas; 7) Location, dimensions, and surface type of walks and patios; 8) Location, type, and height of free-standing signs; fences, landscaping, and outdoor lighting; 9) utility line types and locations; and, 10) any other proposed features of the site which APPLICATION FEE OF $250, PLUS $150 PER ACRE, MAXIMUM OF $2,500 PAYABLE, TOTHE CITY OF TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND CORRECT, AND IT IS UNDERSTOOD THAT IOR ANOTHER REPRESENTATIVE SHOULD BE PRESENT. AT/ ALL PUBLIC/MEETINGS CONCERNINGTHIS APPLICATION.  are appliçable to the requested specific use.  LOCKHART, 29950    SIGNATURE  552  DATE 63-13-224f  OFFICE USE ONLY ACCEPTED BY  RECEIPT  01287899  NUMBER,  Dhni  DATE SUBMITTED 414l2011 DATE NOTICES MAILED. 4-8-2027  CASE NUMBER: SUP- 24 02  DATE NOTICEPUBLISHED, 4-1-2021  4-24-2021  PLANNING AND ZONING COMMISSION MEETING DATE  DECISION CONDITIONS  C    Michelle Harmon CA AMCAPRAMAN :71 FW: Clty of Lockhart Zoning Board : Mar 14, 2024 at 1:11:43 PM Jesse Hernandez nernandh4.mmN -  Hapov 2024! A referral is the best compliment I can receive. If vou or someone vou know is readv to buv or sell. please call me.  Consumer Protection Notice Brokerage Information Regards,  M  Michelle Harmon Broker/Owner Lone Star Realty  117 S. Main Street Lockhart, TX 78644 michelle@lonestarrestarealyleam.com 512-227-0845 cell phone 512-398-SOLD (7653) 512-859-6747 fax Website: p/osiatealrvcancon Facebook: (2)Facebook  IMPORTANT NOTICE: Never frust wiringinstructions sent via email. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without double-  checking that the wiring instructions are çorrect.  From: Marie Cody <i 3 n Sent: Thursday, March 14, 20241:08PM To: Michelle Harmon meneleonestarreaivieam.cat> Subject: Re: Clty of Lockhart Zoning Board Itisokf ta.selemanderpapesrbormeaimetin.  Thank you, Marie Alewine Sent from my iPhone    On Mar 14, 2024, at 10:47 AM, Michelle Harmon meheleesnestarealnarealeam.com>-wole: Can you respond back that it is okay for Jesse Hernandez to speak on your behalf ofthe permit?  Henéeds iti in writing for the City.  yvi U  Can you reply back to both of us, sO he has it? Thanks.  Happy 2024! A referral is the best compliment IC canreceive. If you or someone you know is ready to buy or sell, please call me.  Consumer Protection_Notice Brokerage.nformation Regards,  Michelle Harmon Broker/Owner Lone Star Realty  117 S. Main Street Lockhart, TX 78644 RREnSaXeinSe 512-227-0845 cell phone 512-398-SOLD (7653) 512-859-6747 fax Website: plonesatzalxeamncom Facebook: (2)Facebook  IMPORTANT NOTICE: Nevertrust wiring instructions sent via email. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Always independently confirmwiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without double-  checking that the wiring instructions are correct.    From: Michael Alewine miclalewne@coudcom  Subject: Fwd: 4H Hat Co.  Date: Apr 3, 2024 at 9:48:57 PM To: Marie visimaceyahoo.com  Sent from my iPhone  Begin - forwarded message:  From: Jesse Hernandez nernand6440gma.com>  Date: April 3, 2024 at 9:43:54PM CDT To: molaewine@rcoudcon Subject: 4H Hat Co.  lauthorize Jesse Hernandez to speak on my behalf for permit  purposes.  xTgw Bleusme Date: 01-04-8024 Marie Alewine  Owner of property at  203 E. Pecan Lockhart Texas.