City of Lockhart Planning and Zoning Commission December 14, 2022  MINUTES  Members Present: Philip Ruiz, Phil McBride, Bradley Lingvai, Rick Arnic, Ron Peterson,  Chris St. Ledger  Member Absent: Manuel Oliva  Staff Present: Dan Gibson, David Fowler, Christine Banda, Kevin Waller  Visitors/Citizens Addressing the Commission: Alan Balser, Bobby Ross, Robert Mendez, Jr.,  Diane Bernal  1. Call meeting to order. Chair Ruiz called the meeting to order at 7:00p.m.  2. Citizen comments not related to an agenda item. None 3. Consider the Minutes of the November 9, 2022,meeting.  Commissioner McBride moved to approve the November 9, 2022, minutes. Commissioner 4. ZC-22-30. Hold a PUBLIC HEARING and consider a request by Alan Balser for a Zoning Change from AO Agricultural-Open Space District and RLD Residential Low Density District to RLD Residential Low Density District on a total of 17.228 acres in the Lockhart Byrd League, Abstract David Fowler presented the staff report. He described the property as being located north of Silent Valley Road and having a driveway that is also used as a shared access easement by neighboring homes. The applicant requested subject property tol be rezoned to RLD Residential Low Density District. The site has adequate water service, but the wastewater line would need to be upgraded along the railroad tracks and extended northward along Stueve Lane to the property. Staff had not received any response to the notifications sent to surrounding property Chair Ruiz opened the public hearing and asked for the applicant to come forward.  St. Ledger seconded, and the motion passed. by a vote of 6-0.  No. 17,1 located at 1107 Silent Valley Road (FM 2001).  owners or the sign placed on the site.  -1-  Planning and Zoning Commission Regular Meeting 12-14-2022    Alan Balser, of 11166 Lawnhaven Road, Dallas, TX 75230, said he is requesting the RLD zoning district to be consistent with the future land use plan. There are currently no development plans for the property. He mentioned that Stueve Lane would be extended to SH 130 when a Chair Ruiz asked for any other speakers, and seeing none, he closed the publicl hearing and asked  neighboring development is built. fors staffrecommendations.  Mr. Fowler stated that staff recommended approval.  Commissioner St. Ledger moved to recommend approval of ZC-22-30 to City Council. 5. ZC-22-31. Hold a PUBLIC HEARING and consider a request by Diane Bernal on behalf of Michael Wes Masur and Mandy Masur Holcomb, for a Zoning Change from RLD Residential Low Density District to CMB Commercia Medium Business District on Lot 1,Masur Subdivision, consisting of Mr. Fowler explained that the subject property was located between a single-family neighborhood located on Richland Drive and the Kelley Villas duplex community to the west along' West San Antonio Street. The zoning request was consistent with thef futurel land use plan. No objections had been received in response to the notifications sent to surrounding property Diane Bernal of 119170 Oak Knoll Dr, Austin, identified herself as a co-applicant. She stated that the tract ofland isi ideal fort transition from commercial to residential. Shealsostatedt they would submit their driveway proposal to TxDOT for approval and to see if any safety improvements were required. Upon approval of a driveway location, the applicants will submit their site plan proposal to city staff. She stated the mix of commercial uses on the site had not been Chair Ruiz asked if anyone else would like to speak, and seeing no volunteers, he closed the  Commissioner. Arnicseconded, and the motion passed by a vote of6 6-0.  2.256 acres located at 1708 West San Antonio Street (SH142).  owners.  determined as of the meeting date.  public hearing and moved to staff recommendations. Mr. Fowler stated that staffrecommends: approval.  Commissioner McBride moved to recommend approval for ZC-22-31 to City Council. 6. Asp provided in Chapter 12, # Buildings and Building Regulations" Section 12-491(3), of the Lockhart Code of Ordinances for fences within the front buildingsetback area in nonresidential zoning districts, consider a request by Robert Mendez, Sr.for approval of a four-foot high wrought-iron fence along the front property line and six-foot highwrought-iron fences along the side property lines of a property zoned CLB Commercial Light Business District and located at  Commissioner Peterson seconded, and the motion passed by avote of 6-0.  908 South Main Street.  -2-  Planning and Zoning Commission Regular Meeting 12-14-2022    Mr. Fowler presented the case, showing the subject propertyandr neighboring properties in the context of the site and its surroundings, which is a transitional area between single-family residential and commercial uses. The property in question. was a single-family structure in the CLB Zoning District. Mr. Fowler: stated that the fence is built already, and that the application is coming before the Commission after the owner received a violation notice regarding the fence being built without a permit. The fence is wrought iron which is four feet high with a five-foot gate. The fence was higher along the side property lines. He explained that all commercial property requires approval from the planning and zoning commission for any fence in the front  yard.  Chair Ruiz asked the applicant to come forward and speak.  Robert Mendez, Jr., of 908 S. Main Street spoke. He said that he was not aware that his contractor did not obtain a fence permit. He wanted to put ai fence in place because there have been issues with trespassing in the area. He was not sure why the contractor did not obtain their permit but once he received the violation letter, he immediately came in to resolve the Commissioner Peterson moved to approve the fence in the front yard setback within the CLB zoning district request for 908. South Main. Street. Commissioner. Arnic: seconded, and the motion 7. FP-22-08. Continue consideration ofar request by Bobby Ross of Doucet & Associates, on behalf of Lockhart Economic Development Corporation, for approval of a Final Plat for Lockhart Industrial Parkl ,Section 2, consisting of37.82 acres in the Cornelius Cen.hawSuney.Abtad No. 68, zoned IL Industrial Light District, and located in the 500 block of FM 2720. Kevin Waller presented the plat. He stated it would have four lots with one for drainage. There would be sidewalks along all street frontages and the area would be the site of an industrial  issue.  passed by a vote of6 6-0.  Tabled 11-9-22]  park. Ahike and bike trail was shown on the plat. Chair Ruiz asked if anyone would like to speak.  Bobby Ross with Doucet & Associates introduced himself as one of the engineers on the project  and stated he was available to answer any questions. There were no questions of Mr. Ross.  Chair Ruiz asked if anyone else wised to speak. With no one else volunteering, he asked for staff  recommendation.  Kevin said that staff recommends approval  Commissioner Arnic moved to recommend approval of FP-22-08. Commissioner St. Ledger  seconded, and the motion passed by a vote of 6-0.  -3-  Planning and Zoning Commission Regular Meeting 12-14-2022    8. PV-22-04. Considerarequest: by Casey Stevenson OfVMP Lockhart Properties, LLC,for Variances toChapter 52 "Subdivision Regulations", of the Lockhart Codeof Ordinances, Sections 52-31(a) and 52-205(c) to allow al building permit to be issued for constructionpriortor recording the final plat, and Sections 52-31(a) and 52-205b,d,e) to allow for the provision of utility services prior torecording the final plat, and Section 52-204 to allow for ther recording of the final plat priorto inspection and acceptance of the publici improvements by the City, for Lockhart Farms Addition, Phase Two, consisting of 36.18 acres in the Cornelius Crenshaw Survey, Abstract No. 68, zoned RMD Residential Medium Density District and CMB Commercial Medium Business District, Mr. Waller presented the case, stating that the plat would have two commercial lots along West San Antonio Street and a residential subdivision north of the commercial lots. The applicant is requesting three variances: They wanted to allow for utility services to be provided prior to recording the plat, to allow building permits prior to the recording of the final plat, and to allow the recording of the plat prior to inspection and acceptance of the public improvements byt the city. He went over the criteria for the variances tol be met. Heexplained that they need a crane top put the homes inj place and believe the crane would destroy a newly paved road. Commissioners were concerned about the variances and the type of homes being proposed in Mr. Waller explained that the modular homes would meet the city building code requirements. Mr. Fowler cited a definition from the Zoning Code that stated that modular homes are  located in the 2000 block of West San Antonio Street (SH 142).  the development.  considered the equivalent of site-built homes. Chair Ruiz asked if the applicant was present.  Casey Stevenson of 485 Millwood Drive, Highland Village, Texas came forward with a presentation for the commissioners. The homes would be brought in with cranes and then assembled on the lot. They would construct all the curbing except the road itself to preserve it. They would assemble 15 homes a month. The homes would be all wood panel construction, with different elevations. The homes would be a quality product. They would like to proposea a The commissioners had questions and concerns about the quality of the homes and when Mr. Stevenson said that they would not be able to move in until a certification of occupancy is Robert Caravella of 6326 River Place Blvd, Austin, Texas said that he was skeptical at first but after going to see the homes in the factory and how they are assembled, his concerns were addressed. He stated the homes are a high-quality product assembled without the weather conditions facing site-built homes, making for a more consistent product. He stated that the homes are equivalent materials to other site-built homes and are not similar to manufactured  letter of credit to make sure alli is completed.  exactly folks would be able to move into the homes.  received from the city.  ormobile homes.  4-  Planning and Zoning Commission Regular Meeting 12-14-2022    Paul Leventis, of 2554 Emerald Ridge, College Station, said that he was in favor of the development, as modular developments are becoming the new norm. He thinks it is in everybody's best interest to have a quality product because they would be leased homes. The applicant would just like to maintain the integrity of the street by not having a crane drive over Mr. Waller said that staff recommends approval if the commission finds the variances meet the There was discussion about our ordinances not allowing for other ways to help certain Commissioner Lingvai moved to recommend approval of PV-22-04 subject to fiscal security. Commissioner St. Ledger seconded, and the motion was denied by a vote of 3-3 with 9. Discuss the date and agenda of next meeting, including Commission requests for agenda items. Itv was announced that the Commission's next regular meeting date would be. January 11, 2023.  afi finished asphalt street.  criteria.  developments.  Commissioners Ruiz, McBride and Arnic against.  10. Adjourn.  Commissoner/Mcende moved to adjourn, and Commissioner. Arnic seconded. The motion passed  bya unanimous vote, and the meeting adjourned at 8:22 p.m.  Approved:  /iclaor3 (date)  Pidubal Christine Banda, Recording Secretary  Q3  5-  Planning and Zoning Commission Regular Meeting 12-14-2022