PUBLIC NOTICE City of Lockhart Planning and Zoning Commission 7:00 PM, Wednesday, January 24, 2024 Municipal Building - Glosserman Room 308 W. San Antonio St. AGENDA  1. Callr meeting to order.  2. Citizen comments not related to an agenda item. 3. Consider the minutes of the January 10, 2024 meeting.  4. ZC-23-09. and PDD-23-01, Hold a PUBLIC HEARING and consider a request by Pam McClain Madere of Jackson Walker, LLP, for a Zoning Change from AO Agricultural-Open Space) to PDD (Planned Development District), including a PDD Development Plan, for McCormick Ranch Planned Development District, on! 53 acres in the Cornelius Crenshaw 5. PP-23-04. Consider a request by Pam McClain Madere of. Jackson Walker, LLP, for approval of a Preliminary Plat for McCormick Ranch Planned Development District, consisting of 53 acres in the Cornelius Crenshaw Survey, Abstract No. 68, proposed to be rezoned from AO Agricultura-Open Space), following annexation of the property, to PDD 6. Hold a PUBLIC HEARING and consider a Text Amendment to Chapter 18 "Environment', Chapter 46' "Signs", Chapter 52 "Subdivision Regulations',and Chapter 64 "Zoning" of the Lockhart Code of Ordinances, as follows:  Survey, Abstract No. 68, andI located at 2835F.M.2001.  (Planned Development District), and! located at 2835F.M.2001.  Amend Chapter 18 "Environment', Article III "Nuisances", Division 2 "Offensive Conditions", Section 18-82  "Prohibited";  Amend Chapter 46 "Signs", Section 46-6 Prohibited signs and locations";  Amend Chapter 52 "Subdivision Regulations", Article V" "Design Standards", Section 52-78' "Streetlights"; Amend Chapter 64' "Zoning", Articlel I'"In General", Section 64-2 Definitions"Article VII" "Zoning Districts and Standards", Section 64-197 "Regulations Common to all or several districts.", Subsection (g) "Minimum Add Chapter 64 "Zoning", Article VII "Zoning Districts and Standards", Section 64-197 "Regulations Common Amend Chapter 64 "Zoning", Article VII "Zoning Districts and Standards", Section 64-198 "Performance standards for commercial and industrial districts.", Subsection (c) "Nuisances" to establish revised requirements and standards for residential and commercial lighting, include references to lighting standards  parking and loadingr requirements";  toall or several districts.", Subsection () "Lighting Standards';and  inrelevant sections, andi include updated street lighting policy.  7. Discuss the date and agenda of the next meeting, including Commission requests for agenda items.  8. Adjourn.  Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas, at  12:00 PMont the 19th day of January, 2024.    City of Lockhart Planning and Zoning Commission January 10, 2024  MINUTES  Members Present: Philip Ruiz, Phil McBride, Bradley Lingvai, Manuel Oliva, Julia Haug Rick Arnic,  Ron Peterson  Members Absent: None  Staff Present: David Fowler, Evan Olszewski, Christine Banda  Visitors/Citizens Addressing the Commission: Sandra Gomez, Paul Ginsberg, Ben Siegel, Lauren  Siegel, Rebecca Hawener, Donna Daniels, Len Gabbay, Robert Steinbomer, Jana  Sensat, Levi Garrett, Roy Watson  1. Call 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. Consider the Minutes of the December 13,2023.meeting.  Commissioner Lingvai moved to approve the December 13, 2023, minutes with the suggested corrections by Vice-Chair Oliva. Commissioner McBride. seconded, and the motion passed by a 4. SUP-23-18. Hold a PUBLIC HEARING and consider a request by Sandra Gomez of CTX Lone Star Enterprises, LLC for a Specific Use Permit to allow a Bar as ause on 0.37 acres in the James George League, Abstract No. 9,zoned CHB Commercial HeavyBusiness District located at 1201 Evan presented the case. He said that the applicant would liket toopen a bar at their proposed food court which requires a specific use permit ini the CHB Commercial Heavy Business District. He showed the site plan submitted by the applicant so the members could see the location of the bar on the subject property. The property abuts a single-family residence to the north. Screening is required between commercial uses and residential zoning district. He mentioned Chair Ruiz opened the public hearing and asked for the applicant to come forward. Sandra Gomez with CTXI Lone Star Enterprises, LLC of 395 Cullen Blvd, Buda, came forward and stated that the company is owned by her, her husband and son. She said they plan to use the  vote of 7-0.  South Commerce Street.  that no opposition was received.  1-  Planning and Zoning Commission Regular Meeting 01-10-2024    existing fence on the north side of the property and add screening tot the south oft the property with a sliding gate sO that the court can be locked after hours. The court will provide rental spaces for food trucks with outdoor dining area with the availability of selling alcohol on the premises. There will not be any outdoor entertainment. Theonly building that would be built ont the property would be the bar and restrooms. The times ofoperation are Thursday through Commissioner Haug had some suggestions for the site plan, including moving the trash bins to the south of the property to help deter odors from reaching the neighboring property owner, screening the trash dumpster area and adding parking stops to the parking gspaces. Ms. Gomez said the trash bin area would be screened, and it may be possible to relocate it to the south side of the lot. Sha also stated the parking spaces would have wheel stops. Commissioner Lingvai asked what the parking requirements for the food trailers were. Ms. Gomez: said that two parking spaces were required per food trailer.  Sunday from 4 p.m. - midnight.  Commissioner Arnic expressed concern about lighting being an issue for the neighboring property owners and suggested that Ms. Gomez be sure and lookintoi it, sot they do not disrupt Chair Ruiz informed Ms. Gomez that previous SUPS for bars int town were, given a one-year trial period. After one year the commissioners would receive a police report and the application would have to come back before the commission to consider their bar use again, with renewal Francisco Rangel of 1204 S Commerce St. said he had safety concerns along the street because Chair Ruiz asked for any other speakers, and seeing none, he closed the public hearing and Mr. Olszewski said that staff recommends approval with the conditions of additional landscaping being planted to add screening along the north and south property lines at least 8 feet in height, reducing the width of the parking lot, extended the parking lot to allow a turn- around for vehicles and trailers pulling out of the parking spaces closest to the start oft the food There was additional discussion amongst the commissioners about the dumpster and Ms. Gomez came forward again to express that they would be taking a big risk if they were not approved for the bar SUP permanently and had to come back in one year for final approval. Commissioner Oliva moved to approve SUP-23-18 with conditions of adding 8-foot-highfencing along the south and north property lines, moving the trash bins to the south of the property, and requiring the parking area to be made less wide to accommodate landscaping on the  the neighbors.  depending upon the police report. oft the increased traffic.  asked for staff recommendation.  courtarea. screening.  -2-  Planning and Zoning Commission Regular Meeting 01-10-2024    property lines. The one-year review was not included. Commissioner Haug seconded, and the 5. SUP-23-19. Hold a PUBLIC HEARING and consider a request by Lauren Siegel of The Judge's House, LLC for a Specific Use Permit to allow a Lodging House or Boarding House and Special Events Center as a use on 0.925 acres in the Arnette McDaniels Subdivision, Block 1, Lot1, zoned RMD Residential Medium Density District located at 703 West San Antonio Street (SH Mr. Olszewski presented the case. He said that the applicant first intended to have an Airbnb but instead would like to have a lodging or boarding house with an indoor and outdoor special event center. The property is under remodel currently. The proposed venue includes four overnight rooms and can accommodate poimatey2Demtpe. The applicant claimed to have secured offsite parking agreements with Lockhart Ace Hardware and First Lockhart  motion passed with a vote of 7-0.  142).  Baptist Church to provide additional parking spaces. Chair Ruiz asked if the subject property was a historical site.  Mr. Olszewski said that the property had been designated al landmark, butt the landmark status was never recorded onto the property deed, and that the City Council removed it from the Chair Ruiz opened the public hearing and asked for the applicant to come forward. Ben Siegel, of 84 Chalmers Ave., Austin said the goal ist to havea venue for weddings with bride and groom suites upstairs andi that the house is already set up witha boarding house feel inside.  historical listing because of a request from the present applicant.  Commissioner McBride asked about their proposed off-site parking. also inform all those using the space where they should park. and First Lockhart Baptist Church for the additional parking.  Mr. Siegel said they spoke with city staff and have met the parking requirements and would Chair Ruiz asked if it would be possible to get a contract instead of email from Ace Hardware Mr. Siegel said that those establishments are used to providing parking for other businesses Lauren Siegel, the wife of Ben Siegel and co-applicant, stated that she is in talks with other property owners to provide more parking. She confirmed the e-mails and stated she believed Mr. Siegel said that he had spoken to Rebecca Hawener who had hosted A Night with the Authors for 17 years and that there had never been any issues with parking along West San Mrs. Siegel said she has spoken with many wedding planners for their input and most bus in  and is not sure a contract is necessary.  that they have good backups for parking.  Antonio Street (SH 142).  their clients to wedding venues.  -3-  Planning and Zoning Commission Regular Meeting 01-10-2024    Rebecca Hawener of 625 W. San Antonio St. said she has no problem with the lodging or boarding house but does not agree with the special events center which would negatively impact the neighborhood. She also has concerns with the proposed off-site parkingr proposed. Donna Daniels of 420 W. Prairie Lea St. said she owns the property next to the Judge's House and believes that the Siegel's would have a nice, maintained venue and be good neighbors. She Len Gabbay of 420 W. Prairie Lea St. said he is in favor of the project. He said the applicant Robert Steinbomer of 321 San Jacinto St. said he is doing the remodeling work on the Judge's House. He stated that the Siegels are very considerate of the cityand the neighborhood. Ms. Hawener came forward again to say that the venue would disturb her and the folks across the street. There would still be noise complaints and she doesr not want a wedding venue next  isin favor of the project.  owns the Bangers restaurant in Austin and it is a wonderful establishment.  door to her property.  Jana Sensat of 716 W. San Antonio St. said she is in favor of the SUP.  Levi Garrett of 400 W. Prairie Lea St. said there have been no issues with the frequent community events or film crews in his area regarding parking, sO he is int favor of the SUP. Roy Watson of 700 W. San Antonio St. said he lives directly across the venue location. He said he found it alarming that the off-site parking requirements were considered to be sufficient. He also said that an Evening with the Authors is held only oner night out of the year. He would like to know thet frequency of the proposed facility's events, which could very much impact the neighborhood. He believes more clarification is needed from the applicants regarding the Ms. Hawener said she had indeed held the Evening for the Authors event, but it is a collaboration with the city and held from 6 p.m. - 9 p.m. for one night out of the year. She Ronda Reagan of 412 W. San Antonio St. said she has lived in Lockhart for 18 years. Two local residents who own The Carlisle House turned it into an Airbnb. There have been reports made regarding noise complaints and parking issues on that property. The owners of the Carlisle House are good neighbors sand agreed they will no longer hold weddings at their property. Ms. Reagan mentioned that golf carts could be an issue transporting guests to the venue because they are not allowed on State Highways such as W. San Antonio St. She reached out to the manager at ACE Hardware and said they were confused and thought it was a local resident requesting additional parking and would have to retract the email sent to the Siegels. She said normally bartenders at such venues have the bar open for 5-6 hours, which raises concerns  events.  stated the venue being proposed is a completely different level of activity.  regarding who would control the events if things get out of hand.  -4-  Planning and Zoning Commission Regular Meeting 01-10-2024    Christine Ohlendorf of 815 W. San Antonio St. said at their Historical Preservation Commission meeting the applicants originally proposed al Bed and breakfast. She is concerned with parking Mr. Siegel stated that he appreciates all the neighbors' concerns and comments. He reassured the commissioners that they have every intention of being a good neighbor. Their wedding venue in Austin is also located in a residential neighborhood with no noise complaints and they do over 100 events a year. Their first intention was to make an Airbnb but have pivoted tot the Mrs. Siegel thanked Ms. Reagan for contacting ACE Hardware and stated they are confident they can handle the events' parking requirements. He said thayhey have been open to the Ronda Reagan said she is a licensed real estate broker for both residential and commercial properties. There is the possibility of conditioning the any real estate sale upon SUP or other needed zoning approval. This could have been an option for the Siegels when buying the Ms. Daniels said being the previous owner of 703 W. San Antonio St., she understands the unique structure of the home and it better suits for a boarding house rather than a residential Ms. Ohlendorfmentioned that the offsite parking would require insurance and wondered who Chair Ruiz asked for any other speakers, seeing none he closedthepublic hearing and asked for Mr. Olszewski said that the Commission can approve SUP for a special events center, conditional upon specifying parking requirements for the site. Hesaid since the proposed uses Commissioner Lingvai moved to approve SUP-23-18. Commissioner Haug seconded, and the motion passed with a vote of5 5-2 with Chair Ruiz and Vice-Chair Oliva against. 6. SUP-24-01. Hold a PUBLIC HEARING and consider a request by Ivan Tristan for a Specific Use Permit to allow an Accessory Dwelling Unit (General Type) on Lot 6, Block 4, Lipscomb's Subdivision, consisting of 0.183 acres zoned RMD Residential Medium Density District and  for this venue, concerned for pedestrians, and noise levels.  proposed use.  City'srequests and want to create something beautiful.  property.  home for at family.  would be responsible if a guest or citizen is injured.  staff recommendations.  meet the requirements staff recommends approval.  located at 817 Fir Lane. WITHDRAWN  7. ZC-23-10. Hold al PUBLICHEARING: and consider arequest by Paul Ginsberg fora Zoning Change from RLD Residential Low Density District to RMD Residential Medium Density District onatotal of0.371 acres in the Byrd Lockhart League, Abstract No. 17, located at 1107 and 1109 North  Commerce Street.  -5- n  A1 1A 204    David Fowler presented the case. He said the applicant would like to change the residential zoning district to RMD sO they could subdivide the property with the lots running north and southinstead of east to west: as the property looks now. The revised zoning allows would allow for two conforming lots to be created on the site, whereas the current parcels are of nonconforming dimensions. The proposed RMD zoning district is consistent with the future Chair Ruiz opened the public hearing and asked for the applicant to come forward. Paul Ginsberg of 851 Peach St said he is requesting the zoning change for his property for the Chair Ruiz asked for any other speakers, and seeing none, he closed the public hearing and  land use plan.  reasons outlined in the: staff presentation. asked for taffrecommendation.  Mr. Fowler said that staff recommends approval.  Commissioner Oliva moved to approve ZC-23-10. CommissionerArnicseconded, and the motion 8. Discuss the date and agenda of the next meeting, including Commission request for agenda  passed with a vote of 7-0.  items.  David Fowler said that their next meeting will be on Wednesday, January 24th. There will be  lighting ordinance code amendments and an industrial PDD onthe agenda.  9. Adjourn.  Commissioner Oliva moved to adjourn, and Commissioner Haug seconded. The motion passed  by a unanimous vote, and the meeting adjourned at 8:56 p.m.  Approved:  (date)  Christine Banda, Recording Secretary  Philip Ruiz, Chair  6-  Planning and Zoning Commission Regular Meeting 01-10-2024    LOCKHART ETJ  DDENPATHR  FM200)  CHB -  RHD  AO LOCKHART RMD CITY LIMITS  -  SANE  E  -  RHD  SUBJECT PROPERTY ZONING BOUNDARY CITY LIMITS 200 FT BUFFER  ZC-23-09 AOTOPDD 2835FM2001  scale 1"=8 800'    CDDOLIS  OBESIOEED  SIENTV VALLEVR RD  IDDENP PATH RDnor maint    LOCKHART ETJ  e o  HIDDEN PATH RD  FM 2001  e CY MITS  -  CE9  4  ZONING DISTRICTS  ZC-23-09 AOTOPDD 2835 FM2001  AGRICULTURAL-OPEN SPACE COMMERCIAL HEAVY BUSINESS RESIDENTIAL HIGH DENSITY RESIDENTIAL MEDIUM DENSITY  scale 1" = 800'    LOCKHART ETJ  AID DDENPATHI  FM/2001  -  RLNAS  -  FUTURE LANDUSE & HOROUGHFARES AOTO PDD 2835 FM2001  HIKE/BIKE TRAIL EXISTINGARTERIAL FUTURECOLLECTOR FUTUREARTERIAL  AGRICULTURERURAL DEVELOPMENT GENERAL-HEAVY COMMERCIAL INDUSTRY RESIDENTIAL,! LOW DENSITY RESIDENTIAL, MEDIUM DENSITY  scale 1"= 800'    PLANNING DEPARTMENT REPORT  ZONING CHANGE/PDD PLAN  CASE SUMMARY  STAFF: David Fowler, Planning Director REPORT DATE: January 18, 2024 CITY COUNCIL HEARING DATE: February 6, 2024 REQUESTED CHANGE: AO to PDD STAFF RECOMMENDATION: Approval with conditions PLANNING. AND ZONING COMMISSION RECOMMENDATION: Pending  CASENUMBERS: ZC-23-09,PDD23-01  PLANNING. AND ZONING COMMISSION HEARING DATE: January 24, 2024  BACKGROUND DATA  APPLICANT: Pam McClain Madere, Jackson Walker, LLP OWNER: lan Karpov, F3 Lockhart Owner, LLC SITE LOCATION: 2835 FM2001 LEGAL DESCRIPTION: Metes and bounds SIZE OF PROPERTY: 53 acres EXISTING USE OF PROPERTY: Vacant land  LAND USE PLAN DESIGNATION: Agricuiture/Rural Development  ANALYSIS OF ISSUES  REASON FOR REQUESTED ZONING CHANGE: This application, along with the accompanying PDD plan, proposes to create a Planned Development District for an industrial park development with up to 877,000 square feet. A PDD is the only way to accommodate the proposed cold storage facility, which has height, parking and other characteristics which are not typical of most uses permitted by right in the Light Industrial PROPOSEDDEVELOPMENT: The planned layout includes a single lot. Phase one would be the site of the cold storage facility, while the future phase would be the site of other light industrial uses, which are unspecified at this time. The development site would have two entrances from FM: 2001/Silent Valley Road. A detention The overall regulatory structure oft the requirements found on the PDD development plan are based upon the City's Lightindustrial (LI) zoning district. Because of the characteristics of the proposed Cold Storage use, the applicant has proposed several standards that vary from the standards found in the base zoning district, as  (LI)z zoning district.  pond will be provided to serve both phases on thei inside of the curve ofFM2001.  follows:  1) Maximum building height of 751 feet (50 feet in ILz zoning district).  2) Roof-mounted mechanical equipment taller than 18 inches above the roof surface and ground- mounted mechanical equipment will not! ber required (srequiredn64-205, Nonresidential. Appearance 3) Sidewalks adjacent to FM 2001 are not required (is required in subdivision ordinance). This is the 4) Required parking is limited to one: space per 4,690: square feet ofb building area in phase one comprising the cold storage facility and one spaçe per 3,000 square feet of building area in phase two, which is  Standards).  subject of a related subdivision variance request.    currentlyunspecined light industrial development. Thel Lidistrictspecfies one parking space per: 1,000 5) Three of the "bonus features" listed in Section 64-203, Nonresidential Appearance Standards, would ber required for each phase as it is development. Seven is the standard bonus feature requirement for developments with buildings over 25,000 square feet in area. Seeing that all three of the landscaping bonus features in 64-203 (6) I-n. are listed as being required for each phase, this requirement as written would effectively remove the need for any architectural or other site-design related features  square feet.  on the site as each section develops.  The PDD development plan shows amenities including an employee break area and a four-foot-wide granite trail along the rear (east) boundary of the property in phase two. The attached PDD design document shows eight-foot fencing around the parking lot for the cold storage facility, and also details the proposed building design and signage location and design for the first phase. The trail would not be built until phase two. No  details have been provided for the employee break area.  AREA CHARACTERISTICS:  Existing Use  Zoning ETJ AO ETJ  Future Land Use Plan Agriculture/Rurd Development Agriculture/Rurd! Development Agriculture/Rurd Development  North ETJ, agricultural uses East Citya and ETJ, agricultural/vacant land South Agricultural, residential West Vacant Land  ETJ,AO Agriculture/Rurd Development  TRANSITION OF ZONING DISTRICTS: Because PDD is not a conventional zoning classification, the basis for comparison to other zoning districts would be the development plan, whichi in this case. The subject project isir industrial, which varies from the agricultural designation for the surrounding areas in the City and ETJ. The site'soverall intensity is similar to other uses that could be developed underi the City's LI zoning district. ADEQUACY OF INFRASTRUCTURE: Vehicular access will be provided via FM: 2001, which will be improved with turn lanes into and out of the property. The development will have an internal network of driveways connecting the two phases. Currently, the site's utility service is inadequate for the proposed use, but the developer has received economic development incentives which will reimburse the developer for extending currently wastewater to the site and upsizing the current 3-inch water line located in FM: 2001 right-of-way. The project's water and wastewater extension plans are currently underr review by the city engineer. POTENTIAL NEIGHBORHOOD IMPACT: The properties in the areas are agricultural or undeveloped, with only the properties to the south within the City limits. The nearest industrial uses are further south between SH 130 and FM 2720 north Of West San Antonio Street (SH 142). No other development is currently planned in the area, other than a gas station/convenience store at the northeast intersection of SH 130 and FM: 2001. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed PDD zoning is not consistent with the Agriculture/Rura Development designation for the property on the Future Land Use Plan map. The PDD will be considerably more intense than the site's agricultural designation. However, the Lockhart 2020 Comprehensive Plan generally does not specify future land uses other than Agriculture for areas that were in the ETJ at the time the plan was written. The property part of the area designated as the City's ETJ Industrial District on August 15, 2023, SO the proposed use is consistent with that more recent designation. ALTERNATIVE CLASSIFICATIONS: The site's current. AO zoning is consistentwith the Future Land Use Plan map. However, the proposed cold storage component of the proposed development would not be possible in the current zoning district or any of the city's standard zoning districts due to thel height of the proposed building.    FORM AND CONTENT: The PDD Development Plan conforms to all minimum requirements for form and COMPLIANCE WITH STANDARDS: The proposed development will comply with applicable subdivision standards, in the areas of utilities, stormwater drainage, signage, and parkland. The applicant proposes a subdivision variance from the required sidewalk along FM: 2001, which is also reflected in the develapment ADDITIONAL REQUIREMENTS: The applicant has worked with TxDOT to determine proper access to the site, RESPONSET TOI NOTIFIÇATION: Staff have only received one question from a nearby resident of the ETJ at this STAFF RECOMMENDATION: City Planning Staff recommends approval ofZC-23-09 and PDD-23-01, proposed development will provide ani industrial development type which is currently not present inl Lockhart. However, many of the proposed conditions of the PDD plan have the possibility to impair the appearance of the development on the site and compatibility with future development int the surrounding area. In particular, the lack of sidewalks may become an issue as surrounding properties develop along FM: 2001 due to adequate water and wastewater becoming available in the area. Additionally, while staffrecognizes that the proposed cold storage use may have a lower parking demand than typical industrial uses, the 67 percent parking reduction requirement for the future phases of the development does not seem to be based on any data or case studies showing that the phase two uses would provide lower on-site parking demand than the zoning  content.  standards listed ini the PDD development plan.  resulting in required turn lanes into and out oft the development at bothe entrances.  time.  ordinance anticipates. Staff recommends the following conditions of approval:  1) Provide a sidewalk along FM 2001 or otherwise provide an internal trail system to connect the site's two entrances from FM 2001 that would provide access along FM 2001 in lieu of a sidewalk. Staff has requested the applicant verify if the TxDOT right-of-way could 2) Require one parking space per 2,000 square feet of building area for phase two of the 3) Provide landscaping or other: screening to conceal any ground-mounted mechanical equipment 4) Provide details ofl lighting fixtures to be placed at sites labeled "1"int thel keynote legend on the 5) Provide at least 5 bonus features from Section 64-202, Nonresidential Appearance Standards, toinclude at least two features that would be incorporated into the building design.  accommodate the sidewalk.  development.  oro outdoor storage areas visible from FM: 2001.  Architectural Site Plan.    D  nunuI  .0-09€  BOUNDARYUNE  6  083  PDDS SWBHITTAL:0L16MN  PROJECT REALCOLDI LOCKHART COUNTYROMO3BEEBENTV VALLEYROAD LOCKHART, TEXAS7 78644  ARCHITECT  RELATEDF FUNDI MANAGEMENT GMAI ARCO    PMSBHTTALOLanw  PROJECT REALCOLDI LOCKHART COUNTY ROAD3 ELENTVALLEYROAD LOCKHART. TEXAS  ARCHITECT  LDER  RELATED FUNDI MANAGEMENT GMAI ARCO    5'-0"  4'-0"  CD e O 0  S o à O I  3    ZONING CHANGE APPLICATION  CITY OF  512/398-3461 . FAX/512/398-3833 Box239 Lockhart, Texas 78644 308 WezanAntonosreet  PO.  -  Lockhart  TEXAS  APPLICANTIOWNER  APPLICANT NAME Pamela Madere DAY-TIME TELEPHONE 512-236-2048 E-MAIL pmadere@w.com  ADDRESS 100 Congress Ave., Suite 1100  Austin, TX. 78701  F3 Lockhart Owner LLC  clo Ivan Hudson 30  OWNER NAME DAY-TIME TELEPHONE  ADDRESS  Karpov Yards, 83rd Floor  E-MAIL Karpov@related.com  New York, NY 10001  PROPERTY  ADDRESS OR GENERAL LOCATION 2835 FM 2001, Lockhart, TX.  53 ac. out of Cornelius Crenshaw  Abstract  LEGAL 53 SIZE,  No.68  DESCRIPTION (IF PLATTED) ACRE(S)  Survey,  LAND USE PLAN DESIGNATION, fyeictww/B.m  Deyehpnwns  EXISTING USE OF LAND AND/OR BUILDING(S) Vacant  Industrial  PROPOSED NEW USE, IF ANY REQUESTED CHANGE  FROM CURRENT ZONING CLASSIFICATION, AO (fulowiy aneyaton) REASON FOR REQUEST The zoning is required in order to develop the property for an industrial park  TO PROPOSED ZONING CLASSIFICATION PDD    SUBMITTAL REQUIREMENTS  IFTHEA APPLICANT IS NOT THE OWNER, ALETTER: SIGNED. ANDI DATEDE BYT THE OWNER CERTIFYING THEIR OWNERSHIP OF THE PROPERTY AND AUTHORIZING THE APPLICANT TO REPRESENT THE  PERSON, ORGANIZATION, OR BUSINESS THAT OWNS THE PROPERTY. NAME(S) AND ADDRESS(ES) OF PROPERTY LIEN-HOLDERIS), IF ANY.  IFN NOT PLATTED, Al METES AND BOUNDS LEGAL DESCRIPTION OF THE PROPERTY.  APPLICATION FEE OF $250, PLUS $150 PER ACRE, MAXIMUM OF$10,000, PLUS ADDITIONAL $1,000  FOR PLANNED DEVELOPMENT DISTRICT.  APPLICATION FEE OF $9,290."P PAYABLE TO THE CITY OF LOCKHART.  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 CONCERNING THIS APPLICATION.  Pak Mal  11/2/23  SIGNATURE  DATE.  OFFICE USE ONLY ACCEPTED BY  RECEIPT  Ro12.5930)  Kwia Waler  NUMBER  DATE SUBMITTED 1/3/7-3 DATE NOTICES MAILED Us/24  CASE NUMBER ZC- 23-09  DATE NOTICEPUBLISHED, 1u/24  PLANNING AND ZONING COMMISSION MEETING DATE PLANNING AND. ZONING COMMISSION RECOMMENDATION  /erzoct  CITY COUNCIL MEETING DATE  DECISION    May 8, 2023  Honorable Mayor and City Council Members c/ol Mike Kamerlander City ofLockhart 308 West San Antonio Street Lockhart, Texas 78644  Re: Voluntary Annexation Petition - Project Apple Pie,Lockhart, Texas  ("Property")  Honorable Mayor and City Council Members: annexation and zoning for the Property.  As the current owner of the Property, I hereby submit my request for voluntary As owner, I reserve the right to withdraw this annexation request from consideration at any time during the proceedings. Pam Madere, Jackson Walker LLP, will serve as the agent for  these applications.  Sincerely,  A  Name: Geore/AyArohenberg. III Texas limited partnership  Title: Managing Member, McCormick Ranch Partners, LP,a    CYPRESSRD  CET  AO 430 RHD RHD  CHB'  PDD  PAVNELN'  RAIN  RMD  siatuatpaol MH RLD  RHD  RHD  IL RMDRHDH  IL UNION PACIFIC RR CHB  (MKBTRR) RHD  RHD RMD MIMOSADR FA RMD RHD PEBVBITH ASPENST CMB WSANANTONIOST RMD  RMD CMB RHD ILILPI RMD  RHD CMB WSMANTONPSTMYI, AO  PI  HWY142  PDD RLD AO  RLD  PDD  AO  RHD  PI  PP-23-04 2835 FM2001 MCCORMICK RANCH 7LANNEP DEVELOPENT  SUBJECT PROPERTY ZONING DISTRICT - - CITY LIMITS  scale 1"=2,000'    dwv  occIN  1550930  CASESI  CLORLIED  GUEVEUR DS  COKEOID  AIDDENP PATHR RD  SSHTBORD  M200)    PLANNING DEPARTMENT REPORT  PRELIMINARY PLAT  CASE SUMMARY  STAFF CONTACT: Kevin Waller, Senior Planner REPORT DATE: January17,2024 SUGGESTED CONDITIONS: None BACKGROUND DATA  CASE NUMBER: PP-23-04  PLANNING & ZONING COMMISSION DATE: January 24, 2024  STAFF RECOMMENDATION: Approval of the Plat and Denial of the Variance Request  APPLICANT: Pam McClain Madere, Jackson Walker, LLP ENGINEER: C.J. Ponton, P.E., Kimley-Horn and Associates, Inc. SURVEYOR: Jason' Ward, P.L.S., 4Ward Land Surveying OWNER: Ivan Karpov, F3 Lockhart Owner, LLC SITE LOCATION: 2835F FM2001 SIZE OF PROPERTY: 53 acres NUMBER OFI LOTS: One Light Industrial Lot EXISTING USE OF PROPERTY: Undeveloped  PROPOSED SUBDIVISION NAME: McCormick Ranch Planned Development  ZONING CLASSIFICATION: Currently located outside of the City limits and within the ETJ (Extraterritorial  Jurisdiction); proposed annexation into the City and rezoned to PDD (Planned  Development District)  ANALYSIS OF ISSUES  PROPOSED DEVELOPMENT: The McCormick Ranch Planned Development Preliminary Plat accompanies the PDD Development Plan and Zoning Change request (PDD-23-01 and ZC-23-09, respectively) from Agricultural-open Space (AO) to PDD for the same property. Currently, the property is located outside of the City limits and within the ETJ, with an annexation request scheduled for consideration by the City Council on January 18, 2024. If the annexation is approved, the property's default zoning classification will be A0, which would then be changed to PDD upon approval of the zoning change request by the City Council at a future meeting. The plat includes one proposed 53-acre lot out of a larger, 168.04-acre property, to contain light industrial uses. This lot will be split into two phases of building development according to the PDD Development Plan, with the first phase to include a cold storage facility, and the second phase to contain future light industrial operations. A four-foot-wide compacted gravel employee walking trail will be located along the full length of the west boundary of the lot, to be constructed with the development of Phase 2. In addition, a Subdivision Variance is requested concurrent with the Preliminary Plat submission to the sidewalk requirement along the property's FM 2001 frontage, as NEIGHBORHOOD COMPATIBILITY: Of the two neighboring properties to the east, across FM 2001 and Hidden Path Road, one is vacant and located within the ETJ outside of the City limits, and the other isa very large parcel located partially within the City limits and partially within the ETJ that is developed with as single-family residence. The parcel to the north, across FM 2001, is vacant and fully within the ETJ. To the west is the remainder of the subject property that is not being included in the proposed subdivision plat. Both of the adjacent parcels to the south are vaçant and in seasonal agricultural use, with one located fully within the City limits, and the other partially within the Cityl limits and partially within the ETJ. At the time of the final plat stage, roadway improvements to FM 2001 that have been identified as  detailed in the variance section below.    required by TxDOT, including a left-turn lane and rightetum/deceleration lane both at the proposed east property entrance into the Phase 1 development, and the proposed north entrance into the Phase 2 development, must be constructed as subdivision improvements, prior to issuance of a Certificate of FORM AND CONTENT: The plat complies with all minimum requirements for form and content. COMPLIANCE WITH STANDARDS: The proposed development will meet all applicable subdivision standards, including utility line extensions and stormwater drainage, except for compliance with the sidewalk requirement along FM 2001, for which a variance is requested. The final engineering design must be completed prior to issuance of a Certificate of Occupancy for the first structure constructed in CONCURRENT VARIANCE REQUESTED: A Variance is requested to the requirement in Subdivision Regulations Section 52-77(b) that requires a 6-foot-wide public sidewalk along arterial streets, in this instance, FM 2001. The applicant proposes no sidewalk along the subdivision's FM 2001 frontage, and explains that a planned drainage channel along the majority of the propert/'sroadway frontage as part of a roadway improvement project required by TxDOT, to also include turning lanes as noted above, will compromise the construction of a sidewalk along the road frontage. Inlieu of the sidewalk, the applicant proposes a pedestrian path along the west property boundary, as referenced above. The applicant's justification is explained in the attached letter dated December 18, 2021 (presumably intended to be The criteria for granting variances is set forth in Subdivision Regulations! Section 52-3(a), as follows: 1. Special circumstances or conditions affect the land involved such that strict application of the provisions of the Code would deprive the applicant reasonable use of the land; 2. The variance is necessary for the preservation and enjoyment ofa a substantial propertyright oft the 3. The variance will not be detrimental to the public health, safety, or welfare, and will not be 4. The variance shall not have the effect of preventing the orderly subdivision of other lands in the The Commission's decision regarding the plat approval and/or the granting of the subdivision variance Upon review of the variance criteria in light of the request, Staff recommends denial of the variance. Although the construction of a drainage channel along the roadway frontage would present an obstacle for the placement of a sidewalk, the approximately 80-foot road right-of-way width should allow for a sidewalk to be constructed alongside the channel, depending upon the channel width. Section 52- 77(e)(1)e establishes that if a sidewalk within the right-of-wayi is not feasible, itr may instead be constructed within a dedicated public access easement within the property boundaries along the right-of-way. As another alternative, Section 52-77(e)(2) states that the subdivider may, at the City's discretion, paya a fee in lieu of sidewalk construction. It should also be noted that there is a public safety issue with not constructing a sidewalk along a roadway with a 60-mph speed limit, for those who might be tempted to walk along the edge of the road from one portion of the property to another. Since the variance request arises from a roadway improvement project for TxDOT, Staff might be inclined to change its  Occupancy for thei first structure constructed in each respective phase.  each respective phase.  2023) from the applicant's engineer.  applicant;  injurious to other property in the area;  areai in accordance with the provisions oft the Code.  may be appealed to City Council.    recommendation, depending upon whether TxDOT is in support of the variance. The applicant has recently contacted TxDOT for comment on the variance request, and Staff will provide any updates at the  time oft the Commission meeting.    Kimley>Horn December 18, 2021 City of Lockhart 308 W. San Antonio PO Box 239 Lockhart, TX 78644 2835 FM2 2001 Lockhart, TX7 78644 Towhom it may concern,  Re: Letter ofIntent- - Subdivision Plat Application Variance Request  On behalf of our client, Kimley-Horn has prepared this letter of intent to accompany the site development variance application for the RFM Real Cold Lockhart project. The 53-acre site is located on FM: 2001 within the City of Lockhart Extraterritorial Jurisdiction. This variance request is being submitted as part of the Planned District Development application which willi incorporate This project is requesting variance from section 52-77(b) of the City of Lockhart's Code of (b)Public sidewalks not less than four feet wide shall be providedone each side of collector. streets and minor nonresidential streets, and on one side of minor residential streets, including culs-de- sac exceeding 350 feet in length as measured in accordance with subsection 52-72(K). Public sidewalks not less than six feet wide shall be provided on each side of arterial. streets and on the subdivision side of expressway frontage roads. Required sidewalks shall be constructed by the builder for each lot before a certificate of occupancy will be issued for any structure thereon. Sidewalks required along public streets abutting property that is already developed, abutting the side or rear of a vacant lot that has primary frontage on another street, or abutting land areas dedicated for a public park, drainage facility, open space, or other community facility in accordance with subsection 52-112, shall be constructed by the subdivider as a subdivision We are proposing improvements of FM 2001 through a TxDOT donation agreement, which includes a drainage channel along the majority of the property's roadway frontage. This creates agrading constraint for a sidewalk along the property's FM: 2001 frontage. In lieu of a roadway frontage sidewalk, we are proposing a pedestrian path along the westernmost portion of our site, where proposed grading can accommodate it fori internal pedestrian circulation. Ifth there is additional information that you require, please contact me at (737)7878750.  the property into City ofL Lockhart fullj jurisdiction.  Ordinances:  improvement, and accepted by the city, prior to the plat being recorded.  Sincerely,  Kimley-Horn and Associates, Inc. C.J. Ponton, P.E.  kimley-horn.com 5301 Southwest Parkway, Building 2, Suite 100, Austin, TX78735 5126462237    V. INITHOIVW    113  ELLOIS 19 3.91.8C.015  V. INITHOIVW    # 31333  V.INITHOIVW,  .6C'992' M,01,IZ.0IN    SUBDIMISION PLAT APPLICATION  CITY OF  512/398-3461 - FAX/512/398-3833 P.O. Box239 . Lockhart, Texas 78644  Lockhart  308 WestSanAntonio. Street  TEXAS  APPLICANTS  SURVEYOR NAME Jason Ward, R.P.L.S. DAY-TIME TELEPHONE 512-537-2384 E-MAIL info@4wardis.com ENGINEER NAME C.J. Ponton, P.E., Kimley- Horn DAY-TIME TELEPHONE 512-646-2237 E-MAIL pononeameromcom  ADDRESS P.O. Box 90876  Austin, TX. 78709  ADDRESS 5301 Southwest Parkway  Bldg. 2, Suite 100 Austin, TX. 78735 Ivan 30 Hudson  F3 Lockhart Owner LLC  OWNER  NAME DAY-TIME TELEPHONE  ADDRESS clo  Karpov Yards, 83rd Floor  E-MAIL Karpov@related.com  New York, NY 10001  TYPE OF APPLICATION (check all that apply)  X  PRELIMINARY PLAT MINOR PLAT AMENDING PLAT  SUBDIVISION DEVELOPMENT PLAN  FINAL PLAT RESUBDIVISION VARIANCE  REPLAT  MINOR REPLAT  DEVELOPMENT PLAT  PROPERTY  SUBDIVISION NAME McCormick Ranch Subdivision ADDRESS OR GENERAL LOCATION 2835 FM 2001  LOCATED IN TOTAL LAND AREA ZONING CLASSIFICATIONIS) PROPOSED USE OF LAND Light  CITY LIMITS  ETJ (COUNTY) PROPOSED NUMBER OF LOTS  X PDD 1  53  ACRE(S) PDD  Industrial    SUBMITTAL REQUIREMENTS  NAME(S) AND ADDRESS(ES) OF PROPERTY LIEN-HOLDERS, IF ANY.  IF THE APPLICATION IS FOR AN AMENDING PLAT, REPLAT, MINOR REPLAT, OR RESUBDIVISION- A COPY OF EXISTING DEED RESTRICTIONS OR RESTRICTIVE COVENANTS, IF ANY. IF THE. APPLICATION IS FOR. A FINAL PLAT INVOLVING PUBLIC IMPROVEMENTS - TWO FULL-SIZE IF THE APPLICATION IS FOR, OR INCLUDES, A SUBDIVISION CODE VARIANCE - COMPLETED VARIANCE SECTION ON NEXT PAGE AND REQUIRED STATEMENT NOTED THEREIN. PLAT DOCUMENTS, AS FOLLOWS, CONTAINING THE INFORMATION REQUIRED IN ARTICLE 23-6. (Amending Plats, Replats, Resubdivision Plats, Minor Plats, and Minor Replats are considered the same as Final Plats for the purposes of content and format). All plat copies shall be full-size paper copies. One copy for staff's completeness review; six copies after plat is deemed complete. 12 copies after initial staff reviews above (preliminary plats, final plats, replats, and resubdivisions). Two copies after initial staff reviews (amending plats, minor plats, and minor replats).  PAPER COPIES OF THE ENGINEERING PLANS.  Two signed and sealed mylar reproducibles (three if applicant wants to keep one) of approved amending plat, replat, resubdivision, final plat, minor plat, or minor replat, for recording. One recorded reproducible is filed at the County Clerk's office, and the other is returned to the City.  APPLICATION FEE OF S6,0.PA PAYABLE TO THE CITY OF LOCKHART  (NOI FEE FOR SUBDIVISION DEVELOPMENT PLANS OR APPEALS): Preliminary Plat or Development Plat Final Plat, Replat, or Resubdivision Amending Plat, Minor Plat, or Minor Replat not requiring a public meeting Subdivision Variance Recording fee for Final Plat, Replat, Resubdivision, Amending Plat, Minor Plat, or Minor Replat  $1,500.00, plus $100.00 per acre $1,000.00, plus $100.00 per acre $750.00, plus $100.00 per acre $750.00 per variance requested $71.00 fort the first sheet, and $50.00 for each additional sheet (payable to the Caldwell County  Clerk)  To the best of my knowledge, this application and associated documents conform to all requirements of the City of Lockhart Subdivision Regulations. By signing below I agree that if any part of this plat andlor associated construction plans is found to be incorrect, incomplete, or otherwise deficient with regard to applicable City standards, the deadline imposed by the Texas Local Government Code, Section 212.009, for approval or denial of the plat and/or associated construction plans by the City within 30 days of the date this application is deemed complete can be voluntarily extended for an additional 30 days upon mutual agreement by the applicant and the City. further agree that if any part of this plat andlor associated construction plans remains deficient at such time that the plat and/or associated construction plans cannot be approved prior to the expiration of the second 30 days, the plat or construction plans will be subject to denial by the approval authority. It is understood that I or another representative should be present at all public  meetings concerning this application.  Pal Mal  SIGNATURE PRINTED NAME  10/26/23  DATE,  Pamela Madere  TELEPHONE 512-236-2048    PLAT APPROVAL PERIODS  A preliminary plat approval period expires if a final plat and the engineering plans for one or more sections is not submitted within 12 months of approval. Upon written request received prior to the expiration, a maximum of two six-month extensions may be considered by the Planning and Zoning A final plat approval period expires if the construction of any required public improvements has not commenced within 12 months of approval. Upon written request received prior to the expiration,  Commission.  one six-month extension may be considered by the Planning Director.  SUBDIVISION VARIANCE (for variance applications, only)  VARIANCE TO  SECTION(S) 52-77(b  OFTHE SUBDIVISION REGULATIONS  CURRENT ORDINANCE REQUIREMENT/S), G-fust-wile fble siew REQUESTED VARIANCE(S) No Siwa dy tha Subdivisims  ass Gcheria Streksis fesuiree.  TA 20o, Stras frntgr.  SUBMIT A WRITTEN STATEMENT DOCUMENTING THE REASON FOR THE VARIANCE(S), INCLUDING EVIDENCE THAT THE REQUEST COMPLIES WITH THE FOLLOWING CRITERIA AS  REQUIRED FOR APPROVAL OF A VARIANCE:  1. Special circumstances or conditions affect the land involved such that strict application of the provisions of the Code would deprive the applicant reasonable use oft thel land; 2. The variance is necessary for the preservation and enjoyment of a substantial property right of 3. The variance will not be detrimental to the public health, safety, or welfare, and will not be 4. The variance will not have the effect of preventing the orderly subdivision of other lands in the  the applicant;  injurious to other property in the area; and, area in accordance with the provisions of the Code.  OFFICE USE ONLY ACCEPTED BY. Kavin DATE SUBMTEDI/3/3 DATE. APPLICATION IS DEEMED COMPLETE  Wfaler  RECEIPT NUMBER Ro12.593 CASE NUMBER. PP 23-0A  1/3/zA  DATE NOTICES MAILED PLANNING CONDITIONS (IF ANY).  DATE NOTICE PUBLISHED DATE 1/24/24 DECISION  (For certain Replats or Resubdivisions without vacating preceding plat)  MEETING  AND: ZONING COMMISSION    CITY OF  (512)398-3461 . FAX (512)398-5103 P.O.Box 239 Lockhart, Texas 78644 308 West San Antonio Street  .  Lockhart  TEXAS  TO: Lockhart City Council; Planning and Zoning Commission FROM: David Fowler AICP, Director, Development Services SUBJECT: Lighting Ordinance Amendment  DATE: January 17,2 2024 Council and Commission:  The attached proposed code amendments regulate sign and exterior lighting by creating clear standards for lighttrespass/glare, the reduction of light pollution, and administrativer review of light fixtures on new projects. The amendments are proposed in response to interest from the public and public officials in maintaining quality development and Lockhart's dark skies. The purpose of the amendments is:  To permit an amount of outdoor lighting that is appropriate to allow for the safe use and enjoyment of outdoor areas, while mitigating light trespass and glare to abutting property and the public at large, reducing light pollution, and promoting publice energy conservation.  A lighting ordinance with clear standards and review for development prevents surprises to the city and neighbors by requiring that developers and builders provide complete information about proposed lighting, site suitability, and ordinance compliance that can be fully judged before permits are issued. Additionally, the opodmemdmetimdude additions to chaptersthroughout the city code that cross- reference the primary lighting code section. Enforcement of these code amendments will require the purchase of a Juminance meter (a.k.a. light meter) and an illuminance meter to enable staff to take  measurements of light levels. No external training or contractors are required.  The proposed code amendments strengthen the City's current lighting requirements. In Lockhart's current city code, lighting regulations are contained in two sections: Section 64-197(e)(5) Regulations common to all or several districts, and Section 64-198(c)(1) Performance standards for commercial and industrial districts. These sections contain language that protects residences from off-street parking lighting and prohibits commerca/industral lighting from crossing zoning boundaries, respectively. Additionally, Section 18-82(d) on prohibited nuisances requires thatreflection from residential lightingi is minimized, preventing the llumination of other properties by residential yard lighting. Section 52-78    Streetlights. in the subdivision code's design standards stipulated simply that streetlights are required according to city policy. Further lighting regulations apply to sign standards in Section 46-6 Prohibited In preparing these amendments, staff has studied best practices in municipal lighting codes - including the recommendations of the International Dark-Sky Association - and compared similar cities' lighting standards. The chief recommendations are the consolidation of all lighting standards into one section of the code and writing the new standards to be as simple as possible to aid the public and staff with review  signs and locations.  and enforcement.  The proposed amendments are developed from the following principles for good lighting standards:  Providing the right amount of light,  Using fixtures that place the light only where needed, e.g., ont the pavement, Using fixtures that shield the light source (bulb) from view, Lighting areas uniformly to avoid very bright and very dark areas. The amendments apply these principles to address the following areas: Glare control, e.g., aiming, shielding, light trespass,  Having lights on only when needed, and  Max. allowed mounting heights, Shut-off hours/Security lighting, Lighting plan submission content, Compliance verfication/monitoring, Non-conforming lighting, Allowed luminaire types, Penalties for code infractions.  Maximum allowable lluminance at the propertyboundary,  A detailed overview of the lighting changes by section is below.  Chapter 18-82(d)- - Prohibited.  This section of the nuisance code prohibits lighting that illuminates other properties and intends that lighting in residential zoning districts should be arranged to minimize light trespass on other properties. The proposed change adds a reterence to the new code section created by this ordinance, Chapter 64- 197(j)-L Lighting Standards, to ensure citizens reading the code are aware of the new standards.  2    Chapter 46-6(a)(5) Prohibited signs and locations.  This section of the sign code prohibits signage lighting that "causes direct or undiffused illumination" to be visible from public roadways or residential districts. This standard allows diffused light which is visible fromroadways and residential districts. The opaque or semi-opaque cabinets typically usedi in commercial spnsaregemeralycomsuerd to diffuse the interior cabinet lights. The proposed change adds samaximum limit to the brightness of light coming from signs between sunset and sunrise to reduce glare or light trespass. The proposed changes also include a reference to the new code section created by this ordinance, Chapter 64-197() - Lighting Standards, to ensure citizens reading the code are aware of the  new standards.  Section 52-78-S Streetlights.  This section of the code currently consists of a single sentence referring the reader to "the current streetlight policy, as adopted by the city council". The proposed change includes the current streetlight policy in whole, as adopted by City Council on January 21, 2020 as part of the City of Lockhart, Texas Construction Standards (pp. 44-46). The proposed changes also include a reference to the new code section created by this ordinance, Chapter 64-197() - Lighting Standards, to ensure citizens reading the  code are aware of the new standards. Chapter 64-2- - Definitions.  This section of the code includes the definitions of terms used in the entirety of Chapter 64-Zoning. The proposed changes add new definitions of keyt terms in this lighting ordinances to support the new lighting ordinance. Key definitions include footcandles" and "nits", two measurements of light which record the amount of light coming from a particular direction and the amount of light emitted by a single source,  respectively.  Chapters4.97eldlels)  This code section consists of a single sentence: "Lighting fixtures used to illuminate or to mark any off- street parking area shall be arranged to: shield direct light from any residence and from street traffic."The proposed changes add a reference to the new code section created by this ordinance, Chapter 64-197(j) - Lighting Standards, to ensure citizens reading the code are aware of the new standards.  Chapter 64-197() - Lighting Standards.  3    This section oft the code is the main subject of this ordinance amendment. Iti is entirely new and proposes standards for new and existing lighting throughout the City. It will be appended to Section 64-197. - Regulations common to all or several districts. and is the section to which the added references in other code sections point. Theregplatonircommenced bys staff adapt the principles oft the International Dark- Sky Association to apply to Lockhart, which has a large amount of pre-existing lighting. The regulations are intended to provide simple rules and review for new projects to maximize the effectiveness of staff  enforcement.  Comments by subsection are below.  Purpose and Application: The new standards apply to all newand existing residential, commercial, public, and industrial development in Lockhart. The standards are designed to allow for the safe use and enjoyment of outdoor areas, streets, and the night sky while mitigating light trespass and glare to abutting property and the public, reducing light pollution, and promoting public energy  conservation.  Exceptions from applicability:  Per the streetlight standards in the City of Lockhart, Texas Construction Standards, incorporated into Section 52-78 - Streetlights above, streetlights are exempted from the Temporary emergency lighting as required by City/Public emergency services are Federaly-required lighting for hazard warnings (example: light required on communications towers by the Federal Aviation Administration) are exempted provided Recreational area lighting for sports stadiums and similar recreational uses are exempted from the lighting standards provided that where the nearest uses are residential simple landscape screening principles detailed in the code section are. followed.  proposed standards because the Section 52 standards control.  exempted.  they conform to the minimum output allowed by federalstandards.  Regulations:  Light from any use is limited to 0.25 footcandles at the property line of any residential use. Sources of light (or fixtures, called here luminaires") are required to be of a design and placement that directs light straight down and does not allow light to escape to the sides or top. This minimizes the primary causes of light pollution and trespass onto nearby Ther maximumh height ofl luminaries is set at 30feet, except where required by streetlighting standards. This is because even downward-facing lights may light areas beyond property  properties.  lines when located high up.  4    Nonresidential, multifamily, and mixed-use regulations:  AI lighting plan is required for these development types, which will allow Staff to predict and modify the effects of site lighting on surrounding properties. The lighting plan shall include the information typically included on a site plan or development plan and shall show the location of each proposed luminaire. Applicants will be required to include a description and characteristics of each proposed luminaire with the plan; this information is typically available from light Maximum light levels at propertyl linesare established based ont the type of adjacent use: retail, office, commercial, and multifamily uses will receive no more than 3.0 footcandles from adjacent properties; industrial uses will receive no more than 5.0 footcandles from adjacent uses; residential uses will receive no more than 0.25 Parkingareas whicha are not used after darks shall not! bei illuminated after dark, while parking areas used after dark require lighting. Maximum parking area luminaire  fixture manufacturetysuppler,  footcandles from adjacent uses.  heights are: set based on the size of the parking area.  Nonconforming lighting:  Luminaires not meeting the standards of this ordinance will be considered legally Nonconforming lighting shall be brought into compliance with the ordinance prior to building permits can be issued for the property, or when minor actions (example: simple readjustment of moveable light fixtures) can bring the property into compliance. The ordinance provides that the City can require nonconforming lights to be brought into compliance when existing lighting is a hazard to health or safety, when the number of luminaires on a property is increased by 30% or more, or when there is a change in use of  nonconforming.  the property.  Chapter 64-198(c)(1): - Nuisances.  This code section consists of a single sentence: "Lighting fixtures shall be arranged to shield direct light from crossing any zone boundary line." The proposed changes adda reference to the new code section created byt this ordinance, Chapter 64-197) - Lighting Standards, toensure citizensreading the code are  aware of the new standards.  5    Staff appreciates your time and dedication to the City and welcomes your questions and comments on  the proposed amendments. Measurement notes:  Footcandle measurements are appropriate for determining brightness from all light sources in a direction, making Nit measurements are appropriate for measuring the brightness of illumination on an object, making luminance meters useful for determining whether specific objects are over/under illuminated with respect to an ordinance  lluminance meters useful for measuring light trespass from one property toanother.  setting maximum brightness levels for certain uses, e.g. billboards.  6    CITY OF  (512) 398-3461 . FAX(512) 398-5103 P.O.E 239 Lockhart, Texas 78644 308 West San Antonio Street  Box .  Lockhart  TEXAS  TO: David Fowler, AICP Planning Director FROM: Evan Olszewski, Planner DATE: January 17, 2024  SUBJECT: Proposed Lighting Ordinance Language  Discussion of Lockhart's lighting regulations have highlighted the need for stricter standards that are contained in one part of the code of ordinances. This memo recommends language for the proposed lighting ordinance based on the standards of peer cities and the International Dark-Sky Association model  ordinance.  Lockhart's current lighting regulations are contained in two code sections: Section 64-1978/2)e/5) Regulations common to all or several districts, and Section 64-198(c)(1) Performance standards for commercial and industrial districts. These sections contain language that protects residences from off- street parking lighting and prohibits commercla/ndustrial lighting from crossing zoning boundaries, respectively. Additionally, Section 18-82(d) on prohibited nuisances requires that reflection from residential lighting is minimized, preventing the illumination of other properties by residential yard lighting. Section 52-78 Streetlights in the subdivision code's design standards stipulates simply that streetlights are required accordingtocitypolitcy, Further elungreguatonsappytointerer.omsruction  for certain uses and to sign standards in Section 46-6 Prohibited signs and locations.  The recommended language below replaces the two lighting sections in Chapter 64 with one new "Lighting Standards" section and adds references to the new standards in the mentions of lighting in  Chapters 18, 46, and 52.    Proposed Edits:  Chapter 64-2-D Definitions.  [.J  AdequatelyShielded- -1 The attribute of al light source from which no direct glarei is visible at normal viewing angles by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, skirts, or visors that permit no light to be emitted at or above a horizontal plane drawn through  the lowest light-emitting part of the luminaire.  [.]  Footcandle - Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, a.k.a. light meter. Footcandle measurements  report the amount of light originating from a specific direction.  LJ  Glare - Excessive brightness in the field of view that is sufficiently greater than that to which the eyesare adapted, soa as to cause annoyance orl loss in visual performance and visibility, soast to jeopardize health,  safety orv welfare. [..J [J  Illuminance - Quantity of incident light, measured in footcandles.  Light Trespass - Light emitted by a luminaire or lightinginstlltion." which is cast beyond the boundaries  oft the property on which the lighting installation is sited.  [.J  Luminaire - A complete lighting fixture assembly consisting of lampls), lamp holders, electrical  components, light directing devices, shielding devices and lenses or diffusers.  [..J  Nit-A Aunit of luminance, or brightness, emitted from a luminous surface equal to one candle per square meter, measured perpendicular to the rays of the source. Nits is the only scientific manner for measuring  light energy being emitted from an internally illuminated sign.  [..J  Chapter 18-82(d) - Prohibited.  "lt shall be unlawful in residentially zoned districts to arrange, operate or maintain any yard lighting sO that it illuminates portions of other properties, causing problems from glare or of a general nuisance nature. The intent of this subsection is that any lighting used to illuminate any yard, building, or structure inar residentially zoned district be so arranged as to reflect the light away from adjoining properties, thus  2    maximizing the illumination of any yard lighting onto the property where it originates and minimizing the illumination that pervades other properties. See Chapter 64-197li) - Lighting Standards for additional  lightingregulations"  Chapter 46-6(a)(5) - Prohibited signs and locations.  "Any sign lighting, other than neon tube lighting, that exceeds 100 nits between sunset and sunrise, exceeds 300 nits between sunrise and sunset, or that causes any direct or undiffused illumination to be visible from any roadway or any residential district. See Chapter 64-197li = Lighting Standards for  additional lightingregulations* Section! 52-78-Stretlights.  A. "Streetlights shall be installed by the subdivider in accordance with the current streetlight policy, as adopted by the city council, and shall conform to the construction and lighting standards of the city. See Chapter 64-197li) - Lighting Standards for additional lighting regulations."  B. Street Lighting Policy  a. Street lights shall not be installed on private property.  b. New Subdivisions  All new subdivision construction plans shall have developer installed LED street lights based upon these standards, and the City's Subdivision Ordinance. Any variance to this policy must be approved by the City Manager or designee. ii. The developer shall submit a streetlight planasap part of the final subdivision plat package in conjunction with the utility plans and in conformance with these iii. The staff shall review, coordinate with the electric utility, and recommend LED street lighting plans to the Electric Distribution Superintendent or other City iv. Metal poles with at a minimum height of 301 feet (30')shall be required for all public LED street lighting with minimum 8 foot (8')k long, 80 gauge aluminum arms. V. The City may reject subdivision and development construction plans involving streets that fail to comply with the standards set forth in this section. In new subdivisions where underground primary andsecondary must be provided byt the developer, the developer shall provide all required easements and pay for the instalation/materateral/equipment for street lights in accordance with the  standards.  Manager designee.  standards set out in this section.  Spacing  3    Street lights shall be placed in accordance with the following spacingrequirements 1. Typical spacing of lights shall be one per intersection as described in the Street LED Watts/Lumens Chart of this section; where two street types 2. Lights shall be provided along arterial and collector streets, with a maximum spacing between lights of 250f feet (250')and in compliance with 3. Ifthe block length is over 600 feet (600') but less than increments of 300 feet (300'), the light shall be placed mid-block to the degree practical. 4. Ina cul-de-sac turnaround, ift the cul-de-sac length is longer than 300 feet  in all public streets:  intersect, the heavier street type lightingshall apply.  the LED Watts/Lumens Chart.  (300').  5. Ina all vertical curve points of 10% or morei in all streets. 6. Atallr roundabouts, bulb outs, and marked crosswalks.  7. Streetlights shall be placed in the subdivision in compliance with the final  approved LED lightingplan.  ii. Streetlight LED Watts/Lumens Chart  Type of Street, Intersections, Other  Watts/Lumens (Minimum) 30 Metal Poles, 8 aluminum mast Arms, photoelectric control, and fused: = Submittal approval required. 148/8,600 148/10,300 130/9,100 130/9,100 45/3,500 95/5,600 130/9,100 130/9,100 130/9,100 45/3,500 45/3,500 95/8,000  Locations  Arterial  Arterial/Arterial Intersections Arterial/Collector Intersections Arteria/Residential Intersections Arterial Other Specified Locations Colector/Residential Intersections Collector/COllector Intersections Collector/Arterial Intersections Collector Other Specified Locations Residential-Local (Low Traffic) Residenta/Rescental Intersections  Collector  4    esidental/Collector Intersections Residential/Arterial Intersections Residential Other Specified Locations  130/9,100 45/3,500 45/3,500  d. Private Streets and Mobile Home Park Subdivision Streets  No street or intersection shall be illuminated at public expense by the City of Lockhart unless said street is located within dedicated public street right-of-way. Public access easements shall not be considered public right-of-way for street lighting purposes. Street lights within the mobile home park shall be provided by the developer along internal streets. Light standards shall have a height and spacing to ensure an average illumination level of not less than 0.2 footcandles  shall be maintained.  e. Annexed Areas  Innewly annexed areas, the annexation assessment and service plan, ifr required, shall indicate the approximate number of street lights to be provided, the approximate annual cost of providing the lights and the timing for providing the street lights. Street lights shall be installed by the City in developed areas with conventional "along the street utility areas" in subdivisions of 5 lotsor more upon The additional cost of providing street lights in annexed areas with underground utilities shall not be borne by the City. Street lights in areas with rear utilities shall be provided as soon as economically feasible. All street lights shall be provided within 5 years of the effective date of annexation where there are at least 5  request.  contiguous home sites.  Existing Areas  When a request is received for a street light in previously developed areas, the Developer and/or his designee will complete the "Request for Street Light" form. All requests for street lights in existing subdivisions and public streets will be evaluated by the City Manager or his designee according to the standards set out 1. Requested light/s) must not be closer than 250 feet (250') to the closest existing street light(s) unless approved bythe City Manager or designee.  in this chapter as follows:  2. Requested light(s) will receive priorityif located at: a. intersections of public streets, b. sharp curves, turns,  5    d. cul-de-sacs, e. dead end streets, and points of traffic conflict.  g. Lumen measurements will also be considered. streets that hinder street light levels will be considered.  3. Installation costs shall be reasonable and the number of trees along the 4. The City Manager or designee will evaluate a request for street lighting according to the above criteria. Ifar request is denied by the City Manager, the applicant may ask that his street light request be heard by the City  Council; the Council's decision will be final.  g. Moving Existing Installed Street Lights  It shall be the responsibility of the property owner, developer, or building contractor to move existing installed street lights where required in order to construc/alter/move a driveway or other appurtenance. A licensed electrical contractor must perform the work after review by the Electric Superintendent or  designee and after obtaining the required permits.  Chapter 64-197l8X1)le)5)  Lighting fixtures used to illuminate or to mark any off-street parking area shall be arranged to shield direct light from any residence and from street traffic. See Chapter 64-197li) - Lighting Standards for additional  lightingregulations.  Chapter 64-197(i) - Lighting Standards. A. Purpose and Application a. Purpose  Standards for controlling lighting and glare are set forth to permit an amount of outdoor lighting that is appropriate to allow for the safe use and enjoyment of outdoor areas, streets, and the night skyv whilemitigating light trespass and glare to abutting property and the public, reducing light pollution, and promoting public energy conservation. These standards are intended to allow reasonable enjoyment of. adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting for nonresidential areas, such as parking lots.  b. Applicabilityand Exceptions  6    . Applicability  1. This section applies to new and cxistingreidential.commerdal.public.and  industrial development.  ii. Exceptions  1. Luminaires used for public roadway illumination may be installed at a maximum height of 30 feet and may be positioned at that height up to the 2. All temporary emergency lighting required by the Police, the Fire Department, or other emergency services shall be exempt from the 3. All hazard warning luminaires required by federal regulatory agencies are exempt from the requirements of this section, except that all luminaires used must be shown to be as close as possible to the federally required 4. Recreational Area Lighting - Lighting for recreational uses (including athletic courts and fields) may employ standards, poles, and luminaires in excess of a. Where recreational uses are adjacent to residential uses regardless of separation by streets, and such recreational use is illuminated in such a manner as to produce a light intensity in excess of 0.25 footcandles at the property lineof theresidential use, al living screen shall be required in accordance with the following:  edge of any bordering property.  requirements of this section.  minimum output requirement for the specifictask.  the heights prescribed in B(b) below.  Shade trees that normally grow to a height of 30 feet or ii. Shade trees shall be planted at most 30 feet on center along the property line abutting the residential use. ili. Shade trees shall be a variety that maintains a crown width sufficient to form a continuous screen at height between 10 iv. Such trees shall be a minimum of 10f feet tall at the time of V. Shade trees acceptable for this purpose are defined in Chapter 60 = Vegetation, Section 60-28 - Definitions. b. Recreational lighting must be shut off by 10:30pm on Sunday through Thursday and 11:30pm on Friday or Saturday nights.  greater shall be provided.  feet and 25 feet above grade.  planting.  7    B. Regulations a. General  The allowable maximum illuminance for any development abutting a residential use, including other residential uses, shall be 0.25 footcandles as measured at the ii. Light sources shall be adequately shielded, of a down-light, indirect, diffused, or shield type SO installed and maintained as to reduce glare effect and light trespass onto adjacent properties and boundarys streets. Direct light shall not cross any zone lii. No luminaire may be directed at an angle other than straight down. Up-lighting is prohibited, including but not limited to lighting for buildings, signage, and iv. Pole-mounted and wall-mounted luminaires mounted above six (6) feet shall be adequately shielded, of a down-light or full cutoff type, and shall not direct light The height ofl luminaires,i including those mounted on poles and standards, shall not  property line.  boundary line.  landscaping.  onto adjacent properties.  exceed 30 feet except as required by street lighting standards.  b. Nonresidential, Multifamily, and Mixed Use Regulations  Lighting Plan Required  1. All nonresidential, multifamily, and mixed use developments shall submita a lighting plan. The lighting plan shall show how the proposed development a. Ana application for al lighting plan shall be submitted and approved or denied by the Director of Planning as part of Subdivision, Planned Development District, and Building Permit applications. The lighting plan shall show such information in sufficient detail to enable the Director of Planning to readily determine whether the lighting plan isino compliance with the requirements within this section.  will comply with the regulations within this Section.  b. Elements of a Lighting Plan  Asite plan or plans, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adiacent uses. The lighting plan shall contain a layout of all proposed and existing luminaires, including but not limited to area, architectural, building entrance, canopy, soffit, landscape,  8    flag, and sign lighting by location, orientation, aiming ii. The type of luminaires, fixtures, lamps, supports.reflectors. and other devices, and their respective location on the site; ii. A description of the luminaires, fixtures, lamps, supports, reflectors, and other devices (such as catalog cuts by iv. Photometric data, such as furnished by manufacturers, or similar data showing the angle of cut off or light emissions.  direction, and mounting height;  manufactures and drawings); and  ii. The allowable maximum illuminance measured at the property line of a retail, office, commercial, or multifamily use shall be 3.0 footcandles and shall be 5.0 footcandles at the property line of an industrial use. When located adjacent to residential development, the intensity shall be no greater than 0.25 footcandles at ii. Alloff-street parkingareas for emrakmtalmatfamik.and mixed uses that are used at night shall be illuminated beginning no later than thirty (30) minutes after iv. Nonresidential uses that abut residential zoning districts shall be required to cease illumination of parking areas at the termination of hours of use. In case only a portion of a parking area is offered for use after dark, only that part is required to bei illuminatedi in accordance with these standards. The portion offered foru use after V. The. following table establishes maximum pole-mounted luminaire heights by  the property line.  sunset. Lighting may be constant or by motions sensor.  dark shall be clearly designated on the Lighting Plan.  parking lot size:  Longest Dimension of Lot  Maximum Luminaire Mounting  Height  Zero-50feet 51-100 feet 101 feet or greater  12feet 18feet 25feet  :. Nonconforming and Temporary Lighting a. Nonconforming Lighting  Anyluminaire or lighting installation existing on the effective date oft this Ordinance that does not conform with the requirements of this Ordinance, shall be considered  legalvnonconforming.  9    1. Anonconforming luminaire or lightinginstallation shall be made to conform with the requirements of this Ordinance before building permits may be a. Minor corrective action.suchasreaiming.automaticaly. yshuttingoff offending sources at a reasonable hour nightly, or shielding can achieve conformity with the applicable requirements of this b. Itisdeemed by the City to create al health or safety hazard, Itisr replaced by another luminaire or luminaires, or abandoned or d. The number of existing luminaires on the property is increased by  issued for the property, ory when:  Ordinance,  relocated, 30% or more, or  e. There is a change in use of the property.  b. Temporary! Lighting  Anyt temporaryoutdoor lighting that conforms to the requirements of this chapter  shall be allowed.  Chapter 64-198(c)(1): - Nuisances.  Lighting fixtures shall be arranged tos shield direct light from crossing any: zone boundary line. See Chapter  64-197(i) - Lighting Standards for additional lightingregulations.  10