PUBLIC NOTICE City of Lockhart Planning and Zoning Commission 7:00 PM, Wednesday, June 28, 2023 Municipal Building = Glosserman Room 308 W. San Antonio St.  AGENDA  1. Call meeting to order.  2. Citizen comments not related to an agenda item. 3. Consider the Minutes of the June 14, 2023 meeting.  4. Consider a request by Adam Green of Kbar Group, Inc., for approval of a 6-month extension of the Preliminary Plat approval period (PP-22-02) for Lockhart Place Townhomes, consisting of 19.798 acres in the Francis Berry Survey, Abstract No. 2, zoned PDD (Planned Development District), and located at 5. PV-23-01. Consider a request by Victor Ostiguin, P.E., of Doucet & Associates, Inc., for approval of a Plat Variance to allow a 6-month extension to January 26, 2024, after a six-month extension to July 26, 2023, 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 January 26, 2022, of the final plat of Summerside Section 5 on 29.948 acres, zoned CHB (Commercial Heavy Business) and RMD (Residential Medium Density), and located at 2300 South Colorado Street 6. PV-23-02. Consider a request by Victor Ostiguin, P.E., of Doucet & Associates, Inc., for approval of a Plat Variance to allow a 6-month extension to January 26, 2024, after a six-month extension to July 26, 2023, 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 January 26, 2022, of the final plat of Summerside Section 6 on 23.982 acres, zoned RMD, and located 7. RP-23-01. Consider a request by Sam Walker, P.E., of Eckermann Engineering, Inc., for approval of McCoy's Lockhart Subdivision, a Resubdivision Plat of Lots 5-A and 5-B, Block 1, Lockhart Industrial Park II, and 4.007 acres in the Francis Berry Survey, Abstract No. 2, for a total of 12.843 acres, zoned CHB (Commercial Heavy Business), and located at 1600 South Colorado Street, 114 Bufkin Lane, and 8. Discuss the date and agenda of next meeting, including Commission requests for agenda items.  903 State Park Road.  (U.S. Hwy. 183).  at 2300 South Colorado Street (U.S. Hwy. 183).  116 Bufkin Lane.  9. Adjourn.  Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart,  Texas, at 12:30 PM on the 22nd day of. June, 2023.    City of Lockhart June 14, 2023 MINUTES  Planning and Zoning Commission  Members Present: Philip Ruiz, Bradley Lingvai, Phil McBride, Rick Arnic, Ron Peterson, Julia Haug  Members Absent: Manuel Oliva  Staff Present: David Fowler, Christine Banda, Kevin Waller Visitors/Citizens Addressing the Commission:  1. Call meeting to order. Chair Ruiz called the meeting to order at 7:01 p.m.  2. Citizen comments not related to an agenda item. None 3. Consider the Minutes of the May 10, 2023, meeting.  Commissioner Arnic moved to approve the May 10, 2023, minutes. Commissioner Haug 4. Hold a PUBLIC HEARING and consider a recommendation to City Council for proposed amendments to Chapter 64 "Zoning" of the Lockhart Code of Ordinances, revising: 1) Section 64-2 Definitions, by adding new definitions related to trees, and,  seconded, and the motion passed by a vote of-6-0.  2) Section 64-197 Regulations Common to All or Seven Districts',adding new Subsection (h) "Residential Landscaping Requirement," to set minimum landscaping standards for all residential development types, and adding new Subsection (i) "Residential Design David Fowler described the suggested changes as coming from the joint workshops with the City Council held this past December and January. The new text sections would provide requirements for landscaping for all single-family detached residences, multifamily developments, and all other residential housing categories. The addition to the definitions section text defines shade and ornamental trees. He noted that the one proposed residential design requirement would be added for single-family homes where no front façade of al home may be duplicated within six lots along the curb line or withinthree lots on the opposite side of the street, but further residential design requirements will followi in coming months. He stated that the Housing and Development Committee had reviewed the proposed text amendments  Standards," to establish minimum residential design requirements.  and had recommended approval.  1-  Planning and Zoning Commission Regular Meeting 06-14-2023    Commissioner Lingvai moved to recommend the new text sections for residential development types to City Council. Commissioner Haug seconded, and the motion, passed with a vote of 6-0. 5. FP-23-03. Consider a request by Charlotte Hodges of Carlson, Brigance, & Doering, Inc.,on behalf of Ranch Road Hansford, LLC, for approval of a Final Plat for Hansford Subdivision Phase 2,C consisting of 21.475 acres in the Crenshaw Cornelius Survey, Abstract No. 68, zoned Residential Medium Density (RMD), and located in the 1700 Block of West San Antonio Street. Kevin' Waller presented the final plat for Hansford Subdivision phase two. He described the plat as having 99 residential lots and connecting to two other subdivisions via Windsor Road. He suggested two conditions the plat would need for approval. The engineering plan must be approved by the City Engineer prior to construction of the publicimprovements and Note 6on Sheet 4 should read "private property," as property was misspelled. The applicant was not Commissioner Arnic moved to approve FP-23-03 with the suggestedconditions. Commissioner  asked to: speak regarding the plat.  Peterson seconded, and the motion passed with a vote of 6-0.  6. Planning Director's Report.  Mr. Fowler said that the Comprehensive steering committee will hold their first meeting on Tuesday, June 27, 2023, at 6 p.m. on the third floor of the library. He also advised the commissioners that City Council had passed new development fees covering all planning and building-related applications. These fees will become effective September 1, 2023. 7. Discuss the date and agenda of the next meeting, including Commission requests for agenda  items.  Mr. Fowler said the next meeting will be June 28th with at least one platting case, including a  subdivision variance. 8. Adjourn.  Commissioner McBride moved to adjourn, and Commissioner Lingvai seconded. The motion  passed by a unanimous vote, and the meeting adjourned at 7:33, p.m.  Approved:  (date)  Christine Banda, Recording Secretary  Philip Ruiz, Chair  2-  Planning and Zoning Commission Regular Meeting 06-14-2023    PI  RLD  PI  RMD  RMD 907  800  RLD  RHD  RMD 1008 1012 026 1015 1017 V012 1016 101 CLB  RMDX  000  )  RLD  1106 1112 1118 1124  IH 1115  1000 1111 CHB 1504 1501) ECLB - 1503  1508 Fa 1507 1503 1512  RMD  1201  AO  511 1512  PP-22-02  SUBJECT PROPERTY ZONING DISTRICT scale 1"=4 400'  LOCKHART PLACE TOWNHOMES  903 STATE PARK RD        CITY OF  (512) 398-3461 . FAX (512) 398-5103 P.O. Box 239 . Lockhart, Texas 78644 308 West San Antonio Street  Lockhart  TEXAS  TO: Planning and Zoning Commission FROM: Kevin Waller, Senior Planner SUBJECT: Agenda Item 4 DATE: June 20, 2023  Kw/  Agenda Item 4: Consider a request by Adam Green of Kbar Group, Inc., for approval of a 6-month extension of the Preliminary Plat approval period for Lockhart Place Townhomes, consisting of 19.798 acres ini the Francis Berry Survey, Abstract No. 2, zoned PDD (Planned Development District), and  located at 903 State Park Road.  The Lockhart Place Townhomes Preliminary Plat was approved by the Commission on. June 22, 2022 (Case File #PP-22-02), and the accompanying Planned Development District Development Plan (PDD-22-01): and Zoning Change (ZC-22-08) were approved by the City Council on August 16, 2022. Duep primarilyto ongoing efforts and negotiations between the applicant and the owner of the adjacent property to the west to secure an off-site stormwater detention area on the adjacent property, the applicant proposes to extend the Preliminary Plat approval period by 6 months, in accordance with Section 52-33(i) of the Subdivision Regulations. Please refer to the attached extension request letter, dated June 12, 2023. According to Section 52-33(i), the Commission must consider any extensions of the approval period. This period currently expires on June 22, 2023, and approval of the extension would allow the plat to remain valid until December 21, 2023. Ifthe extension is approved and al Final Plat is not submitted by the December 21 date, as second extension request could be submitted and considered by the Commission, in accordance with Section 52-33(i). Note that the Zoning Change and PDD Development Plan do not have approval  period expirations, and are not to be considered with this extensionr request.    Kevin Waller From: Sent: To: Cc: Subject: Kevin and David:  Adam Green adamekDargroupcom> Monday, June 12, 20233:39PM Kevin' Waller; David Fowler Anna Krause; Travis Krause  Request for Six Month Extension of Preliminary Plati for the Lockart Place Townhomes  Please consider this email as a formal request to extend our preliminary plat approval on the Lockhart Place Townhomes by six months. As youa are aware we have been working on getting our drainage worked out with our neighbor, a process which tookl looking than expected. lam happy to say that this has been resolved and we are moving forward to  the next stepi int the process.  If you could please confirm receipt of this email lwould appreciate it.  Thanks in advance. Adam Green K  Adam A.Green KBar Group, Inc.  c.727.776.6517 adam@koargroup.com  Sr. VP Real Estate 0.254.218.5846 kbargroup.com  From: Kevin' Waller walerelocanarko Sent: Monday, June 12,20233:13PM To: Adam Green adamekbarroupcom Cc: Anna Swanson Krause annaekbaigIoup.com> Subject: RE: Impact Fee Payment  Try this link: https//www.lockhart-ixorg/page/open/555/0Patk20Application'620filable.pdr  From: Kevin' Waller  Sent: Monday, June 12,20233:12PM To:' 'Adam Green' adamexbaoupcom> Cc: 'Anna Swanson Krause' anna@kbargroup.com> Subject: RE: Impact Fee Payment  Adam:  Below is thel link for the subdivision plat application form. Ifyou choose the 6-month extension route, lwould refrain from submitting anything plat-related until the plat is ready, so that we get everything all together (plat, application  form, and fee). Kevin    LOCKHART PLACE TOWNHOMES PLANNED DEVELOPMENT DISTRICT CALDWELL COUNTY, TEXAS  Lockhart  N120F2 SI20F2  PRELIMINARY    RHD CHB CHB  AO  o CHISHOIMIRL  RMD  AO  IH  e  CHB  RMD  CHB  CMB CHB  AO  CMB CHB  PV-23-01  SUBJECT PROPERTY ZONING BOUNDARY  2300 S COLORADO ST SUMMERSIDE SEC 5  PLAT VARIANCE TO ALLOW 2ND EXTENSION OF FINAL PLAT APPROVAL PERIOD  scale 1"=1 1000'    13311115  SCOLORADOSI  EBLAMH  000    PLANNING DEPARTMENT REPORT  SUBDIMISION VARIANCE  CASE SUMMARY  STAFF CONTACT: Kevin Waller, Senior Planner kwl PLANNING & ZONING COMMISSION DATE: June 28, 2023  CASE NUMBER: PV-23-01  REPORT DATE: June 21, 2023  APPLICANT'S REQUEST: A second 6-month extension of the final plat approval period  STAFF RECOMMENDATION: Approval BACKGROUND DATA  APPLICANT: Victor Ostiguin, P.E., Doucet & Associates, Inc. OWNER: Lennar Homes of Texas Land and Construction, Ltd. SITE LOCATION: 2300 S. Colorado St. (U.S. Hwy. 183) SUBDIVISION NAME: Summerside Section 5 SIZE OF PROPERTY: 29.948 acres  NUMBER OF LOTS: 25: single-family residential lots and four commercial lots EXISTING USE OF PROPERTY: Vacant/Seasonal Agricultural Use  ZONING CLASSIFICATIONS: CHB (Commercial Heavy Business) and RMD (Residential Medium Density)  ANALYSIS OF ISSUES  PROPOSED VARIANCE: The Summerside Section 5 Final Plat was approved by the Commission on January 26, 2022. On December 7, 2022, a one-time, six-month extension to the final plat approval period was granted by the City Planner (letter attached) upon request by the applicant, in accordance with Section 52-35(e) of the Subdivision Regulations. With that extension, the deadline to begin construction of the required subdivision improvements was extended to. July 26, 2023. The applicant now requests a second, 6-month extension of time to begin construction of the subdivision improvements, for a proposed deadline of January 26, 2024. Since this is the second extension request, and Section 52-35(e) only allows for one, 6-month extension, a variance to the Subdivision Regulations must first be approved by the Commission, prior to approval of any additional extensions. A similar request for a second extension of the Final Plat approval period was also AREA CHARACTERISTICS: To the south of a portion of the subject property is the Lockhart Motor Company. Summerside Sections One-A and One-B are located to the south of the remainder of Section 5. The future Section Six is located to the east and north, with Rodriguez Tire Shop and Thomason Funeral Home also located to the north. To the west, across South Colorado Street, is the SPECIAL CIRCUMSTANCES: The applicant cites the increase in interest rates and slowdown in the real estate market, as well as the timeline associated with the current agricultural operations occurring on the property, as the reason for the variance request. According to the applicant, the granting of the variance would allow for better alignment with market conditions, and coordination with the farming  submitted for Summerside Section 6, which is on the agenda for this meeting.  New Life Christian Church and an undeveloped property.  operations to avoid unnecessary conflicts.    PRESERVATION OF SUBSTANTIAL PROPERTY RIGHT: Although the applicant does not lose a substantial property right by adhering to the previous 6-month extension approval to July 26, 2023, approval of a second extension would allow the right to begin development of the property to be preserved for an additional six months, at timeframe Staff determines to be reasonable. EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: A second, 6-month extension of time to begin construction of the subdivision improvements will have no impact on surrounding properties or EFFECT ON ORDERLY SUBDIVISION OF OTHER LAND: Approval of a second extension of the final plat approval period will not limit the potential for subdivision or development of other land ini the area. ALTERNATIVES: The applicant could initiate the construction process as an alternative to the proposed variance by July 26, 2023, but has instead requested a 6-month, second extension of time to do So. Staff believes that a 6-month extension is a reasonable timeframe, which is consistent with  on public safety.  the length oft time allowed for the one-time extension provided in Section 52-35(e).    64229 3,SL91.1SS  PDBBBPBEBBBEBE  it    829St. Josephs Street Gonzales, TX7 78629 Office: 512.583.2600 Fax: 800.587.2817 DoucetEingineerscom  DOUCET June 5, 2023 Kevin' Waller Senior Planner City ofl Lockhart Development Services 308 W. San Antonio St. Lockhart, TX78644  RE: Variance Request-Summersde Sections 5&6  Kevin,  lam writing to request a variance for the above-mentioned approved subdivision applications. Originally these applications were approved January 26, 2022 and the one time extension will expire July 26, 2023. This variance Over the past few months, there has been a significant increase in interest rates, leading to a slowdown in the real estate market. As a result, the sales and absorption rates for Sections 3 and 4 of the Summerside Subdivision have been slower than anticipated. We believe that granting an extension will allow us to better align with market conditions. In addition, thet tract of land where the development is planned currently has crops, which are scheduled tob bel harvested byt thet farmeri in August oft this year. Itis essential for us to accommodate thet farmer's planst to ensure as smooth transition without disrupting their operations. Granting an extension will provide us with the necessary Considering the above, we kindly request an extension until January 26, 2024. We assure yout that we will diligently work towards meeting this proposed deadline and provide regular updates on our progress. Thank you for your attention to this matter. Should your require any additional information please feel free to contact me.  requestwould extend the expiration an additional 6r months to. January 26, 2024.  time to coordinate with the farmer and avoid any unnecessary conflicts.  Sincerely, Victor Ostiguin, P.E. Z4 Project Engineer  Doucet & Associates, Inc. TBPE Firm # 3937  COMMITMENT) YOUE EXPECT. EXPERIENCE YOUI NEED. PEOPLE YOUTRUST.    CITY OF  Lockhart  (512)398-3461 - FAX( (512)398-5103 P.O. Box 239.L Lockhart, Texas 78644 308 West San Antonio Street  TEXAS  December7,2022 Victor Ostiguin, P.E. Doucet & Associates, Inc. 829: St.. Joseph St. Gonzales, TX78629 vostiguin@doucetengineers.com  Dear Mr. Ostiguin:  This is your notice that the requested six-month extension for construction following approval of the Final Plat for Summerside Section 5 on January 26, 2022 is approved. The Final Plat will remain valid until July 26, 2023. No further extensions can be granted, sO construction of the public improvements should commence before that date. Ifconstruction hasn'tbegun bythen, a new application for the Final  Plat will have to be submitted for Planning and Zoning Commissionapproval.  Cordially,  Danbibson Dan Gibson, AICP City Planner  Cc: Keith Schauer, Doucet & Associates, Inc. kschauerOdoucetengneers.com,  Bill Barton, Lennar Homes of Texas Land and Construction, Ltd. lil.larton@lemar.com)  Christine Banda, Planning/GIS Technician Sean Kelley, Public' Works Director    CITYOF  SUBDIVISION PLAT APPLICATION  lockhart  512/398-346 - FAX/512/398-3833 PO. Box2 239 . Lockhart, Texas 78644  308 West. SanAntonio. Street  APPLICANTS SURVEYOR NAME DAY-TIME TELEPHONE E-MAIL. ENGINEER NAME DAY-TIME TELEPHONE  Christopher W. Terry (210)469-4564  Doucet & Associates Inc. 7401 B Hwy Austin, TX 78735 Doucet & Associates Inc.  ADDRESS  71 West, Suite 160  terry@doucetengineers.com  Victor Ostiguin  ADDRESS  (512)566-4076  7401 B Hwy Austin, TX 78735 13620 N FM620 Bldg. B, Suite 150 Austin, Texas 78717  71 West, Suite 160  E-MAIL vostguin@doucetengineers.com  LENNAR  OWNER NAME DAY-TIME TELEPHONE E-MAIL bil.barton@lennar.com TYPE OF APPLICATION  ADDRESS  (512)945-4665  SUBDIVISION DEVELOPMENT PLAN PRELIMINARY PLAT DEVELOPMENT PLAT  REPLATRESUBDMSION  VARIANCE FINAL PLAT  AMENDING PLAT  MINORF PLAT  PROPERTY SUBDIMISION NAME LOCATED IN TOTAL LAND AREA  Summerside Section 5  ADDRESS OR GENERAL LOCATION US 183 South at Gulf Stream Drive - 2.300 S. Celorniosh.  CITY LIMITS  ETJ (COUNTY) PROPOSED NUMBER OF LOTS  PDD 31  29.948  ACRE(S)  (RMD)  ZONING CLASSIFICATIONIS) Residential Medium Density, Heawy-@ommereial (CH8)Cts  PROPOSED USE OF LAND Single Family Residential Commercis    SUBMITTAL REQUIREMENTS  NAME(S) AND. ADDRESS(ES) OF PROPERTY LIEN HOLDERS, IF ANY. EXISTING DEED RESTRICTIONS OR RESTRICTIVE COVENANTS, IF ANY.  IF THE APPLICATION IS FOR AN AMENDING PLAT OR REPLATRESUBDMISION - A COPY OF IF THE APPLICATION IS FOR A FINAL PLAT INVOLVING PUBLIC IMPROVEMENTS - THREE COPIES 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, ReplatResubdivision Plats, and Minor Plats are considered the same as Final Plats for  OF THE ENGINEERING PLANS.  the purpose of content and format).  Seven copies fori initial staff review.  Twelve copies after initial staff review for preliminary plats, final plats, and repats/resuDdivisions  Two copies after initial staff review for amending and minor plats.  Two signed and sealed mylar reproducibles (three if applicant wants to keep one) of approved amending plat, replatresubdivison, final plat, or minor plat, for recording. One recorded reproducible is filed at the County Clerk's office, and the other is returned to the City. FEE, ASFOLLOWS COPEPORVACmAs SUBDIVISIONI DEVELOPMENT PLANS, ORI DEVELOPMENT PLATS):  Preliminary Plat  $600.00 payable to the City of Lockhart $400.00 plus $20.00 per acre, payable to the $100.00 payable to the City of Lockhart $71.00 for the first sheet, and $50.00 for each additional sheet, payable to the Caldwell County  Final Plat or ReplatResubdvsion Amending plat or Minor plat Recording feei for Amending Plat, ReplatResubdivision, Final Plat,  City of Lockhart  or Minor Plat  Clerk  TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION: AND. ASSOCIATED DOCUMENTS CONFORM TO ALL REQUIREMENTS OF THE CITY OF LOCKHART SUBDIVISION CODE. IT IS UNDERSTOOD THAT I OR ANOTHER REPRESENTATIVE SHOULD BE PRESENT AT ALL PUBLIC MEETINGS  CONCERNING THIS APPLICATION.  6/5/23 DATE. 512-566-4076 TELEPHONE  SIGNATURE PRINTED NAME  ABL  Victor Ostiguin  NOTE: A preliminary plat expires if a final plat for one or more sections is not submitted within 12 months of approval. Upon written request, a maximum of two six-month extensions may be considered by the Planning and Zoning Commission. A final plat expires if any required infrastructure construction is not begun within 12 months of approval. Upon written request, one  six-month extension may be considered by the City Manager.    SUBDIVISION VARIANCE (for variance applications, only)  Sec. 52-35(e)  VARIANCE TO: SECTION(S)  OF THE SUBDIVISION REGULATIONS by applicant any required public  Construction the  of  CURRENT ORDINANCE REQUIREMENTIS)  improvements shall commence within 12 months of the commission's approval of a final plat. Upg written request by the applicant, the director of planning may extend approval for one six-month R  We have already received the one sixth month extension and would  REQUESTED VARIANCE(S)  like to request an additional sixth month extension.  SUBMIT A WRITTEN STATEMENT DOCUMENTING THE REASON FOR THE VARIANCE(S), INCLUDING EVIDENCE THAT THE REQUEST COMPIES 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 oft the Code would deprive the applicant reasonable use of the 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  N/A  ACCEPTED BY Kain aler DATE SUBMITTED C/5/7-3 DATE NOTICES MAILED  RECEIPT NUMBER,  CASE NUMBER. PV.13.0  DATE NOTICEI PUBLISHED,  (For certain ReplatsResubdivisions without vacating preceding plat)  PLANNING. AND ZONING COMMISSION MEETING DATE. Dune 246,7.973  DECISION CONDITIONS    RHD CHB CHB  AO  4y  o CHISHOIMIRE  RMD AO  IH  a  CHB  RMD  CHB  KE  CMB CHB  AO  CMB CHB  PV-23-02  SUBJECT PROPERTY ZONING BOUNDARY  2300 S COLORADO ST SUMMERSIDE SEC 6  PLAT VARIANCE TO ALLOW 2ND EXTENSION OF FINAL PLAT APPROVAL PERIOD  scale 1"=1000'    1111  SCOLORADOST  EBLAMH  000    PLANNING DEPARTMENT REPORT  SUBDIVISION VARIANCE  CASE SUMMARY  STAFF CONTACT: Kevin Waller, Senior Planner gu/ PLANNING & ZONING COMMISSION DATE: June 28, 2023  CASE NUMBER: PV-23-02  REPORT DATE: June 21, 2023  APPLICANT'S REQUEST: Asecond 6-month extension of the final plat approval period  STAFF RECOMMENDATION: Approval BACKGROUND DATA  APPLICANT: Victor Ostiguin, P.E., Doucet & Associates, Inc. OWNER: Lennar Homes of Texas Land and Construction, Ltd. SITE LOCATION: 2300S. Colorado St. (U.S. Hwy. 183) SUBDIVISION NAME: Summerside Section 6 SIZE OF PROPERTY: 23.982 acres  NUMBER OF LOTS: 117 single-family residential lots and one park lot EXISTING USE OF PROPERTY: Vacant/Seasonal Agricultural Use ZONING CLASSIFICATION: RMD (Residential Medium Density)  ANALYSIS OF ISSUES  PROPOSED VARIANCE: The Summerside Section 6 Final Plat was approved by the Commission on January 26, 2022. On December 7, 2022, a one-time, six-month extension to the final plat approval period was granted by the City Planner (letter attached) upon request by the applicant, in accordance with Section 52-35(e) of the Subdivision Regulations. With that extension, the deadline to begin construction of the required subdivision improvements was extended to. July 26, 2023. The applicant now requests a second, 6-month extension of time to begin construction of the subdivision improvements, for a proposed deadline of January 26, 2024. Since this is the second extension request, and Section 52-35(e) only allows for one, 6-month extension, a variance to the Subdivision Regulations must first be approved by the Commission, prior to approval of any additional extensions. A similar request for a second extension of the Final Plat approval period was also AREA CHARACTERISTICS: Summerside Section 2 is located adjacent to the south of the proposed Section 6. The future Section 7i is located to the east. To the north includes a property in commercial use, as well as one in agricultural use. The proposed Section 5 is located to the west. SPECIAL CIRCUMSTANCES: The applicant cites the increase in interest rates and slowdown ini the real estate market, as well as the timeline associated with the current agricultural operations occurring on the property, as the reason for the variance request. According to the applicant, the granting of the variance would allow for better alignment with market conditions, and coordination with the farming  submitted for Summerside Section 5, which is on the agenda for this meeting.  operations to avoid unnecessary conflicts.    PRESERVATION OF SUBSTANTIAL PROPERTY RIGHT: Although the applicant does not lose a substantial property right by adhering to the previous 6-month extension approval to. July 26, 2023, approval of a second extension would allow the right to begin development of the property to be preserved for an additional six months, a timeframe Staff determines to be reasonable. EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: A second, 6-month extension of time to begin construction of the subdivision improvements will have no impact on surrounding properties or EFFECT ON ORDERLY SUBDIVISION OF OTHER LAND: Approval of a second extension of the final plat approval period will not limit the potential for subdivision or development of other land in the area. ALTERNATIVES: The applicant could initiate the construction process as an alternative to the proposed variance by July 26, 2023, but has instead requested a 6-month, second extension of time to do sO. Staff believes that a 6-month extension is a reasonable timeframe, which is consistent with  on publicsafety.  the length oft time allowed for the one-time extension provided in Section 52-35(e).    (ONIGIHOUVOIN ON) (so8 DerAyA) mw  (wos. 09)  TXNIHdS  IHO JIARG isna  BEPBPPBPPIPEEBBEE      8295 St. Josephs Street Gonzales, TX78629 Office: 512.583.2600 Fax: 800.587.2817 DoucetEngineers.com  DOUCET June5,2023 Kevin Waller Senior Planner City ofLockhart Development Services 308 W.SanAntonio St. Lockhart, TX 78644  RE: Variance Request-Summerside Sections 5&6  Kevin,  l'am writing to request a variance for the above-mentioned approved subdivision applications. Originally these applications were approved. January 26, 2022 and the one time extension will expire July 26, 2023. This variance Over the past few months, there has been a significant increase ini interestrates, leading to as slowdown ini the real estate market. As a result, the sales and absorption rates for Sections 3 and 4 of the Summerside Subdivision have been slower than anticipated. We believe that granting an extension wil allow us to better align with market conditions. In addition, thet tract of land where the development is plannedcurrently has crops, which ares scheduled tol bel harvested byt thet farmer in August oft this year. Iti is essential for us to accommodatet thef farmer's! plans to ensure as smooth transition without disrupting their operations. Granting an extension will provide us with the necessary Considering the above, we kindly request an extension until. January 26, 2024. We assure yout that we will diligently work towards meeting this proposed deadline and provide regular updates on our progress. Thank you for your attention to this matter. Should your require any additional information please feel free to contact me.  request would extend the expiration an additional 61 months to. January 26,2024.  time to coordinate with the farmer and avoid any unnecessary conflicts.  Sincerely, Victor P.E. LE4 Ostiguin, Project Engineer  Doucet & Associates, Inc. TBPE Firm #: 3937  COMMITMENT YOUE EXPECT. EXPERIENCE' YOUI NEED. PEOPLE YOUT TRUST.    ITY OF  Lockhart  (512)3 398-3461 +FAX(512)398-5103 P.O. Box 239.L Lockhart, Texas 78644 308 West San Antonio Street  TEXAS  December 7, 2022 Victor Ostiguin, P.E. Doucet & Associates, Inc. 829 St.. Joseph St. Gonzales, TX 78629 osneioicteneneen  Dear Mr. Ostiguin:  This is your notice that the requested six-month extension for construction following approval of the Final Plat for Summerside Section 6 on January 26, 2022 is approved. The Final Plat will remain valid until July 26, 2023. No further extensions can be granted, sO construction of the public improvements should commence before that date. Ifconstruction hasn'tbegun bythen, a new application for the Final  Plat will have to be submitted for Planning and Zoning Commission: approval.  Cordially, Doubbsn Dan Gibson, AIÇP City Planner  Cc: Keith Schauer, Doucet & Associates, Inc. kschauer@doucetengneers.com,  Bill Barton, Lennar Homes of Texas Land and Construction, Ltd. lilbarton@lemar.com)  Christine Banda, Planning/GIS Technician Sean Kelley, Public Works Director    CITYOF  SUBDIMISION PLAT APPLICATION  fockhart  /512/398-3461 . FAX/512/398.3833 PO. Box239 . Lockhart, Texas 78644  308 West SanAntonio. Street  APPLICANTS  SURVEYOR NAME Christopher W. Terry  ADDRESS Doucet & Associates Inc.  (210)469-4564  7401 B Hwy Austin, TX 78735 Doucet & Associates Inc.  71 West, Suite 160  DAY-TIME TELEPHONE E-MAIL ENGINEER NAME DAY-TIME  ery@oucetengners.on  Victor Ostiguin  ADDRESS  (512)566-4076  7401 B Hwy Austin, TX 78735 13620 N FM620 Bldg. B, Suite 150 Austin, Texas 78717  71 West, Suite 160  TELEPHONE  E-MAIL vostiguin@doucetengineers.com  LENNAR  OWNER NAME DAY-TIME TELEPHONE E-MAIL bllbanton@lennar.com TYPE OF APPLICATION  ADDRESS  (512)945-4665  SUBDIVISION DEVELOPMENT PLAN PRELIMINARY PLAT DEVELOPMENT PLAT  REPLATRESUBDMSION  VARIANCE FINAL PLAT  AMENDING PLAT  MINOR PLAT  PROPERTY SUBDIVISION NAME LOCATED IN TOTAL LAND. AREA,  Summerside Section 6  US 183 South at Gulf Stream Drive -2-3g0 5. Colerako S4.  ADDRESS OR GENERAL LOCATION  V CITY LIMITS  ETJ (COUNTY) PROPOSED NUMBER OF LOTS  PDD 118  23.982  ACRE(S)  ZONING CLASSIFICATIONIS) Residential Medium Density PROPOSED USE OF LAND Single Family Residential    SUBMITTAL REQUIREMENTS  NAME(S) AND. ADDRESS(ES) OF PROPERTY LIEN HOLDERS, IF ANY. EXISTING DEED RESTRICTIONS OR RESTRICTIVE COVENANTS, IF ANY.  IF THE APPLICATION IS FOR AN AMENDING PLAT OR REPLATRESUBDMISION - A COPY OF IF THE APPLICATION IS FOR. A FINAL PLAT INVOLVING PUBLIC MPROVEMENTS - THREE COPIES 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, ReplatResubdvision Plats, and Minor Plats are considered the same as Final Plats for  OF THE ENGINEERING PLANS.  the purpose of content and format).  Seven copies for initial staff review.  Twelve copies after initial staff review for preliminary plats, final plats, and replats/resubdivsions  Two copies after initial staff review for amending and minor plats.  Two signed and sealed mylar reproducibles (three if applicant wants to keep one) of approved amending plat, replatresubdivison, final plat, or minor plat, for recording. One recorded reproducible is filed at the County Clerk's office, and the other is returned to the City. FEE, AS FOLLOWS NOFEEF FORI VARIANCES)APEALS. SUBDIVISION DEVELOPMENT PLANS, ORI DEVELOPMENT PLATS):  Preliminary Plat  $600.00 payable to the City of Lockhart $400.00 plus $20.00 per acre, payable to the $100.00 payable to the City of Lockhart $71.00 for the first sheet, and $50.00 for each additional sheet, payable to the Caldwell County  Final Plat or ReplatResubdlvsion Amending plat or Minor plat Recording fee for Amending Plat, ReplatResuDdMvision, Final Plat,  City of Lockhart  orN Minor Plat  Clerk  TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS CONFORM TO ALL REQUIREMENTS OF THE CITY OF LOCKHART SUBDIVISION CODE. IT IS UNDERSTOOD THAT I OR ANOTHER REPRESENTATIVE SHOULD BE PRESENT AT ALL PUBLIC MEETINGS  CONCERNING THIS APPLICATIQN.  6/5/23 DATE 512-566-4076 TELEPHONE  SIGNATURE PRINTED NAME  BL  Victor Ostiguin  NOTE: A preliminary plat expires if a final plat for one or more sections is not submitted within 12 months of approval. Upon written request, a maximum of two six-month extensions may be considered by the Planning and Zoning Commission. A final plat expires if any required infrastructure construction is not begun within 12 months of approval. Upon written request, one  six-month extension may be considered by the City Manager.    SUBDIVISION VARIANCE (for variance applications, only)  Sec. 52-35(e)  VARIANCE TO SECTION(S)  OF THE SUBDIVISION REGULATIONS by applicant any required public  Construction the  of  CURRENT ORDINANCE REQUIREMENT/S)  improvements shall commence within 12 months of the commission's approval of a final plat. Upg written request by the applicant, the director of planning may extend approval for one six-month Ri  We have already received the one sixth month extension and would  REQUESTED VARIANCE(S)  like to request an additional sixth month extension.  SUBMIT A WRITTEN STATEMENT DOCUMENTING THE REASON FOR THE VARIANCE(S), INCLUDING EVIDENCE THAT THE REQUEST COMPIES 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 the 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. DATE SUBMITTED DATE NOTICES MAILED.  N/A  RECEIPT  Kawm Walas 6/5/73  NUMBER  CASE NUMBER RV33.02  DATE NOTICE PUBLISHED  (For certain Replats/Resubdiwisions without vacating preceding plat) PLANNING AND: ZONING COMMISSION MEETING  3we26,207.3  DATE.  DECISION CONDITIONS    1409  1400 1408 1412 1414  1405  1412 1411 1415 1421  1420 IH 1423  1411  400  SPINNAKERD DR  RHD  1501 CLB  219 215 211 220 216 214  1418 1420 BUFENIN CHB  117 119 118  115 113 114  103  1505  1601 101) 103 RLD 105 100 107 102 109) 104 111  106 113 108 115) 110 117> 112 114 116 118  1515  PI  1600  1701 1703  1706 1708 1712 1714 1720 1722 1724  1710  1711  1710  PI  215 207 201 - 200  1700  1703 1709 1711 1721  RHD  IL 1701  119 ASTN 114  210  115  111 112  CMB  125  RP-23-01  1600S S COLORADO ST, 114 & 116 BUFKIN LN  SUBJECT PROPERTY  MCCOYS LOCKHART SUBDIVISION  scale 1"= 300'        SCOLORADOST  à     PLANNING DEPARTMENT REPORT  RESUBDIVISION PLAT  CASE SUMMARY  STAFF CONTACT: Kevin Waller, Senior Planner Rwl PLANNING & ZONING COMMISSION DATE: June 28, 2023  CASE NUMBER: RP-23-01  REPORT DATE: June 21, 2023 STAFF RECOMMENDATION: Approval SUGGESTED CONDITIONS: None BACKGROUND DATA  APPLICANT AND ENGINEER: Sam Walker, P.E., Eckermann Engineering, Inc. SITE LOCATION: 1600 S. Colorado St., 114 Bufkin Ln., and 116 Bufkin Ln.  SURVEYOR: K.C. Lust, P.L.S., Cuplin & Associates, Inc. OWNER: McCoy Corporation, c/o Chet Lange SUBDIVISION NAME: Mcco/slodharsubdwson SIZE OF PROPERTY: 12.843 acres NUMBER OF PROPOSED LOTS: Four commercial lots ZONING CLASSIFICATION: CHB (Commercial Heavy Business)  EXISTING USE OF PROPERTY: Car sales facility (to be demolished), otherwise vacant land  ANALYSIS OF ISSUES  PROPOSED DEVELOPMENT: The proposal includes the subdivision of two platted lots (Lockhart Industrial Park II, Block 1, Lots 5-A and 5-B) and one unplatted parcel of land into four total lots. Since there are both platted and unplatted lots involved with the proposal, the request is categorized as a Resubdivision, which must be considered by the Commission. A McCoy's Building Supply store is to be constructed on the proposed Lot 2, while the other three proposed lots will be sold separately in the future for other commercial developments. According to the applicant, McCoy's may expand operations onto one of the other lots in the future. A sidewalk will be constructed along the property's Bufkin Lane frontage, and one already exists along the South Colorado Street frontage. The former automotive sales facility on the proposed Lots 1 and 2 will soon be demolished for the NEIGHBORHOOD COMPATIBILITY: Toi the south of the subject property is a strip center of commercial development, as well as a vacant lot zoned IL (Industrial Light). To the west, across South Colorado Street, is the South Side Estates single-family residential subdivision, in addition to a new Urgent Care facility. Located to the north, across Bufkin Lane, is the former Sirloin Stockade building, the St. John United Baptist Church, and various commercial properties. To the east is the Lockhart Police FORM AND CONTENT: The plat conforms to all minimum requirements for form and content. COMPLIANCE WITH STANDARDS: The plat complies with all applicable subdivision standards, including public sidewalks, utilities, and stormwater drainage. The engineering plans for the proposed McCoy's facility were approved by the City Engineer on June 1, 2023. According to the applicant, TxDOT has approved a driveway entrance onto South Colorado Street for McCoy's. In  new Micoysdevelopment.  Department and EMS center.  addition, turning lanes are already in place along the street at this location.  CONCURRENT VARIANCES REQUESTED: None    g  M 0 U &  02533 19T HIGHWAY 183 E    2or2 SHEET  545  54'43" 277.42  O &  4,6E.90 $0Z30'287E (OVERAL-LO  -  NO73028W 264.58' NO73C28. 471.07 (NOO43SW 470.62) HIGHWAY 183  ND230'28W 206.49'    SUBDIMSION PLAT APPLICATION S 13-e rswomrtra  OF CITY  ppliakien  /3/2-3.  /512/398-3461 . FAX/512/398-3833 P.O. Box. 239 . Lockhart, Texas 78644  3081 WestSanAntonio. Street  Lockhart  TEXAS  APPLICANTS SURVEYOR NAME DAY-TMETELEPHONE E-MAIL. ENGINEER NAME DAY-TMETELEPHONE E-MAIL, OWNER NAME DAY-TIME1 TELEPHONE E-MAIL.  KC Lust  ADDRESS Cuplin & Associates Land Surveryors  325-388-3300  1500 Ollie Ln. Marble Falls, TX 78654  apigopnasoaeon  Sam Walker, P.E. 512-556-8160  ADDRESS Eckermann Engineeering, Inc.  P.O.E Box 388 Lampasas, TX 76550  sam@eckermannengineering.com McCoy Corporation  ADDRESS Attn: Chet Lange  512-395-6644  1350 IH 35 North San Marcos, TX 78667  cneuange@mccoys.com  TYPE OF APPLICATION  SUBDIVISION DEVELOPMENT PLAN X REPLATAESUBDIVISION  VARIANCE FINAL PLAT  PRELIMINARY PLAT DEVELOPMENT PLAT  AMENDING PLAT  MINOR PLAT  PROPERTY SUBDIISION NAME LOCATED IN  McCoy's Lockhart Swolvisinn  1600 South Colorado St, Lockhart, TX 78644  ADDRESS OR GENERALI LOCATION be La WG Sukiw Ln.  X CITY LIMITS  ETJ (COUNTY) PROPOSED NUMBER OF LOTS, 4  PDD  TOTAL LAND. AREA, 12.84 ACRE(S) ZONING CLASSIFICATIONIS) PROPOSED USE OF LAND  Commercial Heavy Business Retail/Lumber Yard    SUBMITTAL REQUIREMENTS  NAME(S) AND ADDRESS(ES) OF PROPERTY LIEN-HOLDERS, IF ANY. EXISTING DEED RESTRICTIONS OR RESTRICTIVE COVENANTS, IF ANY.  IF THE APPLICATION IS FOR AN AMENDING PLAT OR REPLATIRESUBDVSION - A COPY OF 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 ANDI REQUIRED: STATEMENT NOTED THEREIN. PLAT DOCUMENTS, AS FOLLOWS, CONTAINING THE INFORMATION REQUIRED IN ARTICLE 23-6. (Amending Plats, ReplalResubdvision Plats, and Minor Plats are considered the same as Final Plats for the purpose of content and format). All plat copies shall be full-size paper copies.  PAPER COPIES OF THE ENGINEERING PLANS.  One copy for staff's completeness review; six copies after plat is deemed complete.  Ten copies after initial staff reviews above (preliminary plats, final plats, and replats/esubdlvsons, Two signed and sealed mylar reproducibles (three if applicant wants to keep one) of approved amending plat, replatl/esubdlvision, final plat, or minor plat, for recording. One recorded reproducible is filed at the County Clerk's office, and the other is returned to the City.  Two copies after initial staff reviews for amending and minor plats.  *  ORD DEVELOPMEMSPTATSA  FEE, AS FOLLOWS (NO FEE FOR VARIANCES, APPEALS,  -No I - Applern AFPLESZERROESCSES ev  Prir inst Stuhnbon dessien  Preliminary Plat  $600.00 payable to the City ofLockhart $400.00 plus $20.00 per acre, payable to the $100.00 payable to the City ofl Lockhart one $71.00 for the first sheet, and $50.00 for each additional sheet, payable to the Caldwell County  respma  Final Plat or RepatResuDdvsion Amending plat, Minor plat, or Minor replat not requiring a public hearing Reçording fee for Amending Plat, ReplalResubdivsion, Final Plat, orN Minor Plat  City of Lockhart  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 belowlagree that if any part of this plat and/or 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 Govemment Code, Section 212.009, for approval or denial of the plat andlor 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. Ifurther agree that if any part of this plat and/or 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. Itis understood that I or another representative should be present at all public  meetings concerningthis application.  SIGNATURE. PRINTED NAME  DATE. 6/2023 512-556-8160  AR Sam Walker, P.E.  TELEPHONE    PLAT APPROVAL PERIODS  A preliminary plat approval period expires if a final plat 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 consldered by the Planning and Zoning Commission. A final plat approval period expires if any required infrastructure construction is not begun within 12 months of approval. Upon written request received prior to the expiration, one six-month  extension may be considered by the City Planner.  SUBDIVISION VARIANCE (for variance applications, only)  N/A  VARIANCE TO SECTION(S)  OF THE SUBDIMISION REGULATIONS  CURRENT ORDINANCE REQUIREMENTIS)  REQUESTED VARIANCE(S)  SUBMIT A WRITTEN STATEMENT DOCUMENTING THE REASON FOR THE VARIANCE(S), INCLUDING EVIDENCE THAT THE REQUEST COMPLIES WTH 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 the 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 int the area; and, area in accordance with the provisions of the Code.  OFFICE USE ONLY ACCEPTED BY. Kevrin WAlur  RECEIPT NUMBER  DATE SUBMITTED 6/1/7-3 Casomisw) CASE NUMBER. R.23.0)  DATE APPLICATION IS DEEMED COMPLETE, 4-A/23 (For certain RepatsResubdivsons without vacating preceding plat) PLANNING AND: ZONING COMMISSION MEETING  DATE NOTICES MAILED  DATE NOTICEPUBLISHED DATE. 6/28/23  DECISION CONDITIONS