[00:00:11]
NOVEMBER 13TH AND IT IS 6 P.M. AND THIS MEETING OF THE CITY OF LANDER PLANNING AND ZONING COMMISSION IS NOW CALLED TO ORDER. LET THE RECORD SHOW ALL COMMISSIONERS ARE PRESENT AND ACCOUNTED FOR. ALSO TO NOTE, NUMBER 20 WAS WITHDRAWN BY THE APPLICANT THIS EVENING. MOVING
[3. Director's report to the Planning & Zoning Commission on action taken by City Council on the November 6, 2025 meeting.]
ON TO DIRECTOR'S REPORT. GOOD EVENING. I'M REPORTING ON ACTION TAKEN BY THE CITY COUNCIL ON ITEMS THAT WERE FORWARDED TO THEM BY THE PLANNING AND ZONING COMMISSION.THEY DID COMPLETE THE FIRST READING OF THE BIBLE CHURCH PLANNED UNIT DEVELOPMENT, AND THEY APPROVED THE REQUEST. AND THEN THEY ALSO COMPLETED THE SECOND READING OF THE DESI HANGOUT BOX CRICKET SPECIAL USE PERMIT. AND THAT WAS APPROVED. AND THAT'S IT FOR MY REPORT.
[4. Review of meeting protocol.]
ALL RIGHT. THANK YOU. AND INTO NEXT WE'LL TALK ABOUT OUR MEETING PROTOCOL. SO TO YOUR RIGHT IS HOW WE CONDUCT OUR MEETINGS. ANYBODY WISHING TO SPEAK ON ITEMS ON OR NOT ON THE AGENDA. WE'LL HAVE THREE MEETING, THREE MINUTES TO SPEAK. THERE'LL BE NO BACK AND FORTH CONVERSATION WITH THE COMMISSION AT THAT TIME. AND WITH THAT, IS THERE ANYBODY[6. Swearing in of Planning & Zoning Commissioners Karen Lewis, James Oliver, Jay Coats, and Tyler Bray.]
HERE WISHING TO SPEAK ON ITEMS THAT ARE NOT ON THE AGENDA TONIGHT? ALL RIGHT. EXCELLENT.WE WILL MOVE ON AND WE'LL MOVE INTO OUR SWEARING OF OUR NEW PLANNING AND ZONING COMMISSIONERS SWEARING IN, I SHOULD SAY, NOT SWEARING. YEAH. SO ALL OF YOU THAT ARE BEING SWORN IN TONIGHT, DONNIE, KAREN, JAMES, MR. COATES, MR. BRAY, IF Y'ALL ARE ALL STAND UP AND I APOLOGIZE, I KNOW THEM A LITTLE BETTER. SO I DIDN'T WANT TO JUST. YES. THAT'S OKAY. YOU CAN STILL. YOU'VE ALREADY BEEN SWORN IN. SO. SO IF YOU'LL ALL RAISE YOUR HAND AND REPEAT AFTER ME, I STATE YOUR NAME. I, JAMES OLIVER, DO SOLEMNLY SWEAR. DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE CITY OF LEANDER PLANNING AND ZONING COMMISSION. THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE CITY OF LEANDER.
PLANNING AND ZONING COMMISSION OF THE STATE OF TEXAS. OF THE STATE OF TEXAS. AND WILL, TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT AND DEFEND THE CONSTITUTION. PRESERVE, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND LAWS OF THE UNITED STATES AND OF THIS STATE. SO HELP ME GOD AND OF THIS STATE. SO HELP ME GOD. Y'ALL ARE ALL SWORN IN. THANK YOU. AND WITH. THAT, CONGRATULATIONS.
[7. Election of Chair.
a. Nomination for position of Chair.
b. Discussion of Nominees.
c. Election of Chair.]
SO I WOULD LIKE TO BE THE FIRST TO NOMINATE HIM FOR OUR CHAIR AND HAVE A SECONDED BY COMMISSIONER LANTRIP, IS THERE ANYBODY HERE WISHING TO NOMINATE ANOTHER PERSON FOR CHAIR? OKAY. WELL WITH THAT WE'LL GO AHEAD AND TAKE OUR VOTE. ALL THOSE IN FAVOR OF COMMISSIONER MEHAN AS CHAIR. ALRIGHT. AND IT PASSES UNANIMOUSLY. THANK YOU VERY MUCH. I WILL NOW MOVE ON. SO YOU'LL HAVE TO SWAP. YES, YES. THERE'S A LOT OF SHUFFLING NOW.
SHOULD BE ON THE THIRD CHAIR FROM THE END DOWN THERE. THIRD CHAIR FROM THE. NO NO NO NO I GET THAT. YES. BUT. THIS IS ONE THAT I'VE BEEN HERE. YEAH OKAY. NUMBER FIVE FIVE, 767567. HERE WE GO. THERE. NO ONE. ITEM ONE TWO, EVERYBODY. THANK YOU. THANKS. AS WE'RE GETTING THE NAME PLATES STRAIGHT. THANK YOU. THANK YOU, COMMISSIONER OLIVER FOR THAT AND FOR THAT
[8. Election of Vice Chair.
a. Nomination for position of Vice Chair.
b. Discussion of Nominees.
c. Election of Vice Chair.]
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READ A LOT. RIGHT? AND I GO LAST MOST OF THE TIME. SO BUT THE VICE CHAIR WOULD STEP IN IF I'M NOT PRESENT. AND SO FOR THAT REASON, I WOULD LIKE TO NOMINATE COMMISSIONER LANTRIP TO BE THE VICE CHAIR. OKAY. SO WE HAVE A NOMINATION IN THE SECOND, BUT AS COMMISSIONER OLIVER DID AS WELL. I'LL OPEN IT UP. IF ANYBODY ELSE HAS A NOMINATION FOR THE VICE CHAIR.ALL RIGHT. HEARING NONE, THEN WE'LL VOTE. SO ALL IN FAVOR OF COMMISSIONER LANTRIP BEING THE VICE CHAIR. ALL RIGHT. PASSES UNANIMOUSLY. UNANIMOUSLY. THIS IS GOING TO BE A LONG NIGHT IF
[9. Review of Board Reference Book including Rules of Procedure adopted by the City Council.]
I CAN'T SPEAK. OKAY. AND SO AGENDA ITEM NUMBER NINE, REVIEW OF BOARD REFERENCE BOOK, INCLUDING RULES OF PROCEDURE ADOPTED BY THE CITY COUNCIL. I'M BACK. HI. CITY SECRETARY.GOOD EVENING COMMISSIONERS. THANK YOU. IT'S REALLY ODD BEING ON THIS SIDE OF THE DAIS.
I APPRECIATE YOU ALL ALLOWING ME TO COME FORWARD TO SPEAK TO YOU ALL. THIS IS DONE EVERY YEAR FOLLOWING APPOINTMENTS. WE DO AN UPDATE, AN ANNUAL REVIEW OF THE BOARD AND COMMISSION REFERENCE BOOK. YOUR NEW COMMISSIONERS HAVE A COPY OF THE REFERENCE BOOK AND EVERYBODY ELSE. THE ONLY THING THAT'S CHANGED IS THE LISTING OF THE BOARD AND COMMISSION, SO YOU CAN ADD IT TO YOUR BOOKS. AND IF YOU NEED US TO UPDATE YOUR BOOK AND GET ANOTHER BOOK, JUST SEND ME AN EMAIL AND WE'LL DO THAT. SO WE'LL GO OVER THIS REALLY QUICKLY AND BRIEFLY. I KNOW Y'ALL GOT A VERY LONG AGENDA TONIGHT. SO YOU'VE GOT YOUR OFFICIAL LISTING. YOU'VE ALSO GOT IN YOUR BOOK A DEFINITION, A DESCRIPTION OF THE PLANNING AND ZONING COMMISSION AS TO YOUR RESPONSIBILITIES AND WHAT THE TASKS ARE FOR Y'ALL. YOU HAVE THE BOARD AND COMMISSION APPOINTMENT GUIDELINES, WHICH ALL OF YOU HAVE BEEN THROUGH.
AND Y'ALL UNDERSTAND THAT PROCESS AND HOW IT WORKS. WE DO APPOINTMENTS TWICE A YEAR, ONCE IN THE FALL AND ONCE IN APRIL. SO TO FILL MID-YEAR VACANCIES, IF WE HAVE VACANCIES, THEN WE HAVE OUR BOARD AND COMMISSION RULES OF PROCEDURES. THESE ARE SET IN PLACE BY THE COUNCIL AND ADOPTED BY THE COUNCIL. AND THEY MIRRORED THE COUNCIL RULES OF PROCEDURES PRETTY CLOSELY, WITH JUST A FEW EXCEPTIONS. AND THE MAIN THINGS I WANT TO POINT OUT ABOUT THIS, IF YOU DESIRE TO HAVE SOMETHING PLACED ON THE AGENDA THAT THE DEADLINE IS TO GET THAT THE WEEK BEFORE, THEY NEED YOU TO HAVE ALL THE DETAILS IN. YOU'RE RESPONSIBLE FOR DOING ALL THE BACKGROUND WORK AND PROVIDING IT TO YOUR STAFF LIAISON, MISS GRIFFIN, THAT IT'S NOT UP TO THE STAFF TO DO THOSE REPORTS FOR YOU AND GET THEM ON THE AGENDA, BUT THEY ARE HERE TO ASSIST YOU WHEN YOU NEED HELP. THE OTHER ITEM THAT WE WANT TO MAKE SURE YOU'RE AWARE OF IS YOUR DEVICES.
WE ISSUE YOU ALL CITY ISSUED DEVICES FOR YOUR IPADS, AND WE WANT YOU ALL TO CONDUCT ALL CITY BUSINESS ON THOSE DEVICES AS YOU MIGHT BE SUBJECT TO OPEN RECORDS REQUEST IF WE GET THEM.
AND SO WE CAN PULL THE INFORMATION FROM THERE. IF YOU USE YOUR PERSONAL EMAILS TO CONDUCT BUSINESS OR USE IT, THEN THAT'S GOING TO BE SUBJECT TO IF WE GET OPEN RECORDS, REQUEST. THE OTHER THING THAT WE ASK YOU TO BE MINDFUL OF IS PERSONAL BUSINESS AND NON-PROFITS. EVERYBODY'S INVOLVED IN OTHER THINGS, BUT WE DON'T WANT TO CROSS THE LINE AND BRING YOUR PERSONAL BUSINESS AND NON-PROFITS INTO THE BOARD AND COMMISSION RULES.
I'M SORRY, YOUR BOARD AND COMMISSION ACTIVITIES THERE. IF THERE IS A CONFLICT WHERE YOU HAVE SOMETHING WHERE A BUSINESS OR SOMEBODY THAT YOU HAVE SOMETHING TO DO, THEN YOU NEED TO RECUSE YOURSELF FROM THE ITEM ON THE AGENDA. AND THERE IS A FORM TO FILL OUT FOR THAT.
WE ALSO WANT YOU TO BE, WHEN YOU COME TO THE MEETINGS TO BE PREPARED, DO YOUR HOMEWORK. IF YOU HAVE QUESTIONS, YOU CAN SEND THEM TO MISS GRIFFIN OR OTHER HER AND SHE CAN GET YOU THE ANSWERS. OR HAVE YOU MEET WITH ONE OF HER STAFF MEMBERS TO CLARIFY INFORMATION. AND IF WHAT ONE COMMISSIONER ASKED FOR IS SHARED WITH EVERYBODY AND ALL YOUR EMAILS NEED TO GO THROUGH MISS GRIFFIN, AND SHE WILL DISSEMINATE THEM OUT TO Y'ALL SO THAT WE DON'T HAVE POSSIBLE ISSUES WITH WALKING QUORUMS. PLEASE, PLEASE DO NOT EVER SEND EMAILS TO ALL OF YOU AS A GROUP. SAY WHERE YOU'RE ALL IN GROUP. IF YOU ALL SHOULD HAPPEN TO GET AN EMAIL, PLEASE DO NOT REPLY ALL. SEND IT TO MISS GRIFFIN AND LET HER RESPOND TO WHOEVER'S EMAILING YOU ALL. THEN WE ALSO HAVE IN THE BOOK HERE CODE OF ETHICS. THE CITY COUNCIL HAS ADOPTED A CODE OF ETHICS THAT WE ALL ARE RESPONSIBLE FOR FOLLOWING. AND THERE YOU SHOULD BE AWARE OF THIS, AND YOU ARE AWARE THE FINANCIAL DISCLOSURES YOU FILE EVERY YEAR. THAT'S A PART OF THE CODE OF ETHICS THAT WE REQUIRE YOU TO DO. AND SO I ADVISE YOU TO READ THROUGH THOSE AND BE MINDFUL OF THE RULES OF THE CODE OF ETHICS. THERE'S ALSO BASIC
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PARLIAMENTARY RULES SO THAT YOU'RE AWARE OF THIS, HOW THE BOARD ACTS AND CONDUCTS BUSINESS. WE FOLLOW A HYBRID OF ROBERT'S RULES OF ORDER, ALL THE BOARDS AND COMMISSION, AS WELL AS THE CITY COUNCIL. IF YOU FOLLOW ROBERT'S RULES OF ORDER, IT GETS VERY DIFFICULT.YOU HAVE TO HAVE A PARLIAMENTARY, YOU HAVE TO GO UP THE LADDER AND DOWN THE LADDER, AND IT'S JUST VERY COMPLICATED. SO ALMOST ALL MUNICIPALITIES FOLLOW HYBRIDS OF THAT. YOU'LL NOTICE ON YOUR AGENDAS YOU HAVE DISCUSS AND CONSIDER. THAT WAY YOU CAN HAVE A DISCUSSION BEFORE YOU TAKE ANY ACTION. UNDER ROBERT'S RULES, YOU MUST HAVE A MOTION AND A SECOND ON THE FLOOR TO BE ABLE TO EVEN DISCUSS AN ITEM. SO THIS ALLOWS YOU ALL TO BE ABLE TO DISCUSS THINGS BEFORE MOTIONS ARE MADE. THE OTHER IS OUR PUBLIC INFORMATION ACT AND OPEN MEETINGS TRAINING, AND I APPRECIATE ALL THE NEW MEMBERS HAVE COMPLETED THEIR OPEN MEETINGS TRAINING VERY TIMELY AND IT'S ALREADY COMPLETED. SO THANK YOU FOR BEING SO RESPONSIVE TO THAT. AND WE ENCOURAGE EVERYBODY TO BE AWARE AND TO TAKE IT. BUT IT ONLY THE OPEN MEETINGS TRAINING IS REQUIRED OF THE BOARD MEMBERS AND YOU ONLY HAVE TO DO IT ONCE.
AND THEN THERE'S THE STAFF LIAISON ROLES AND RESPONSIBILITIES. THE PLANNING AND ZONING COMMISSION IS OUR ONLY COMMISSION. THAT'S REALLY MORE OF AN ADVISORY BOARD THAT WE HAVE OUR STAFF. I'M SORRY. THAT'S OUR COUNCIL LIAISONS. MISS GRIFFIN, IS YOUR STAFF LIAISON, AND IT'LL HELP YOU KNOW WHAT SHE'S RESPONSIBLE FOR AND HOW TO ASSIST YOU. AND WE'RE ALL HERE TO HELP YOU ALL BE SUCCESSFUL AND MAKE YOU ALL PREPARED FOR MEETINGS SO YOU CAN MAKE GOOD DECISIONS THAT ARE BEING BROUGHT BEFORE YOU. AND THEN YOUR BOARD MEMBER RESPONSIBILITIES. SO BY HAVING ANY QUESTIONS. THANK YOU ALL. I'LL SEE YOU ALL NEXT YEAR.
[ CONSENT AGENDA: ACTION]
THANK YOU, MISS CRABTREE. OUR NEXT ITEM ON THE AGENDA IS THE CONSENT AGENDA. I'D LIKE TO REMIND THE COMMISSION THAT THIS CAN BE PASSED WITH A SINGLE MOTION. MOTION TO APPROVE.SECOND, WE HAVE A MOTION TO APPROVE BY THE VICE CHAIR, SECONDED BY COMMISSIONER OLIVER.
[15. Conduct a Public Hearing regarding Special Use Case Z-25-0167 to consider action on a Special Use Permit to allow for Outdoor Entertainment and Special Event Space, a Farmer’s Market, and a Mobile Food Establishment Park, on three (3) parcels of land approximately 1.56 acres ± in size, more particularly described by Williamson Central Appraisal District Parcels R302875, R036054, and R565244; and generally located at the western terminus of E. Broade Street and N. Gabriel Street, Leander, Williamson County, Texas.
]
TO CONSIDER ACTION ON SPECIAL USE PERMIT TO ALLOW FOR OUTDOOR ENTERTAINMENT. SPECIAL EVENT SPACE AND MOBILE FOOD ESTABLISHMENT. PART OF THREE ARCHES NATIONAL PARK ASSOCIATION. PRESIDING OVER THE CASE. AT THIS ADMINISTRATION STAFF POSITION. GOOD EVENING.
COMMISSION. SO THIS REQUEST IS THE FIRST STEP IN THE ZONING PROCESS. THE APPLICANT HAS SUBMITTED A REQUEST TO ADOPT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF AN OUTDOOR ENTERTAINMENT AND SPECIAL EVENT SPACE, FARMER'S MARKET AND MOBILE FOOD ESTABLISHMENT PARK.
THE ORDINANCE CURRENTLY ALLOWS FOR OUTDOOR ENTERTAINMENT AND SPECIAL EVENTS SPACE, FARMER'S MARKET AND MOBILE FOOD ESTABLISHMENT. PARK BY RIGHT UNDER THE GENERAL COMMERCIAL ZONING DISTRICT WITH A TYPE FOUR SITE COMPONENT. THIS SPECIAL USE REQUEST WOULD ALLOW FOR THE OUTDOOR ENTERTAINMENT, SPECIAL EVENT SPACE, FARMER'S MARKET, AND MOBILE FOOD ESTABLISHMENT PARK TO OPERATE WITHIN THE T FIVE SECTOR URBAN CENTER AND GC THREE GENERAL COMMERCIAL ZONING DISTRICTS FOR A PERIOD OF TEN YEARS, WITH THE OPTION TO REQUEST AN EXTENSION.
OUTDOOR ENTERTAINMENT AND EVENT SPACE IN THIS CASE WOULD MEAN AN OUTDOOR GATHERING SPACE, INCLUDING A STAGE AND TENT FARMERS MARKET, AS ADOPTED IN JUNE OF 2024, MEANS THE OFFERING FOR SALE OF FRESH AGRICULTURAL PRODUCTS AND LOCALLY PRODUCED GOODS DIRECTLY TO THE CUSTOMER IN AN OPEN AIR MARKET EVENT AT WHICH AT LEAST 40% OF THE VENDORS ARE FARMERS OR OTHER FOOD PRODUCERS, AND MOBILE FOOD ESTABLISHMENT MEANS A READILY MOVABLE MOTORIZED WHEELED VEHICLE OR TOWED WHEELED VEHICLE DESIGNED AND EQUIPPED WITH HEAT PRODUCING EQUIPMENT TO COOK, FRY OR WARM PRODUCTS TO SERVE FOOD AND ASSOCIATED NONALCOHOLIC BEVERAGES. THIS DEFINITION SHALL ALSO APPLY TO ANY ASSOCIATED USES SUCH AS SEATING, REFUSE CONTAINERS, GENERATORS, OR EQUIPMENT ASSOCIATED WITH A MOBILE FOOD ESTABLISHMENT.
OPERATION. THE PROPERTY IS LOCATED ON THE EAST SIDE OF NORTH US 183 AND WITHIN OUR OLD TOWN, INCLUDING APPROXIMATELY 1.5 ACRES, AND AS THIS PROPERTY IS LOCATED NORTH OF EAST BROAD STREET AND WEST OF NORTH GABRIEL STREET, BETWEEN RESIDENTIAL HOMES ON THE NORTH AND EAST SIDE. NEIGHBORHOOD OUTREACH WAS CONDUCTED BY MAIL IN DECEMBER OF 2023. A TOTAL OF 13 RESIDENTS AND PROPERTY OWNERS WITHIN 500FT WERE INFORMED AND NO RESPONSES WERE RECEIVED. FOLLOWING COORDINATION WITH STAFF DURING THE REVIEW OF THE PROPOSAL, AN ADDITIONAL LETTER WAS SENT IN JANUARY OF 2024, WITH NO UPDATES RECEIVED. AS PART OF
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THE EVALUATION OF THIS REQUEST, THE COMMISSION HAS THE FOLLOWING OPTIONS ONE. TO APPROVE THE PROPOSED SPECIAL USE REQUEST. DENY THE PROPOSED SPECIAL USE REQUEST, OR APPROVE AN ALTERNATIVE REQUEST THAT MAY INCLUDE MODIFICATIONS TO THE SPECIAL USE REQUEST, SUCH AS LIMITED HOURS OF OPERATIONS, DIFFERENT TIME FRAME OR ALTERNATIVE LIGHTING. STAFF RECOMMENDS OPTION ONE LISTED ABOVE. APPROVE THE SPECIAL USE REQUEST. STAFF MADE THIS RECOMMENDATION BASED ON COMPATIBLE LAND USE TYPES WITH THE OLD TOWN DISTRICT. THE OLD TOWN MASTER PLAN DESCRIBES THIS AREA AS RAILWAY EAST, WHICH DELINEATES THIS DISTRICT AS TO CONTAIN A MIX OF LAND USES, INCLUDING GROUND FLOOR COMMERCIAL LAND USES SUCH AS DINING AND SHOPPING DESTINATIONS. THE PROPOSED SPECIAL USE REQUEST WOULD ENCOURAGE A CONNECTION TO THE EXISTING RAILROAD LINE WHILE PROMOTING OLD TOWN, AS IT STATES IN THE OLD TOWN MASTER PLAN. AS A DESTINATION WITH STRONG SUPPORT AND INCREASING NIGHTLIFE. WEEKEND ACTIVITIES, FESTIVALS AND EVENTS AND THE APPLICANT IS NOT IN ATTENDANCE FOR QUESTIONS. OKAY, GREAT. THAT WAS ANSWERING MY NEXT QUESTION IF THERE'S APPLICANT PRESENTATION HERE, BUT DID YOU DID YOU WANT TO PRESENT SIR, ARE YOU JUST HERE FOR IF THERE'S ANY QUESTIONS. WELL THANK YOU GUYS SO MUCH FOR. YEAH. YOU GOTTA COME UP COME UP TO THE MIC. THANK YOU GUYS SO MUCH FOR FOR HAVING US HERE. BUT I MEAN THE BIGGEST THING OF IT ALL IS TO CREATE A PLACE FOR COMMUNITY HERE IN LEANDER WHO WANT TO BRING MORE ECONOMIC, YOU KNOW, MORE IN. WE JUST WANT TO BUILD A PLACE FOR PEOPLE TO COME IN, HAVE A GOOD TIME.WHETHER IT'S WE ARE FAMILY FRIENDLY, WE HAVE A TRACK RECORD ALREADY THAT WE HAVE DONE EVENTS, LIVE WRESTLING, OPEN AIR MARKETS AND, YOU KNOW, BRINGING THAT ECONOMIC GROWTH TO LEANDER, TO THE DOWNTOWN LEANDER, GIVE A LITTLE BIT OF, YOU KNOW, THE LIVELIHOOD OF WHAT LEANDER COULD BE. IT'S THE MAIN REASON WHY WE WOULD LIKE TO HAVE THIS APPROVED FOR US, YOU KNOW, TO CONTINUE TO GROW WITH THE CITY, A CITY THAT'S ALREADY OVERGROWN ITSELF. WE WANT TO, YOU KNOW, CATCH UP AND BRING MORE BUSINESS AND MORE, YOU KNOW, COMMUNITY HERE. GREAT.
THANK YOU SIR. ABSOLUTELY. WE MAY HAVE QUESTIONS AFTER THE PUBLIC HEARING. SO YEAH GREAT.
WITH THAT SAID, I'M GOING TO OPEN THE PUBLIC HEARING. I DON'T HAVE ANYONE SIGNED UP TO SPEAK, BUT IS THERE ANYONE PRESENT THAT WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND MOVE INTO DISCUSSION. I'LL START TO MY RIGHT, COMMISSIONER MORALES. YEAH, I DO THINK THAT IT IS APPROPRIATE FOR OLD TOWN AND THE LOCATION, AND I DEFINITELY THINK THIS IS A GOOD SOLUTION. THANK YOU. I AGREE WITH THAT. I LIKE THE IDEA AND JUST THE WHOLE CONCEPT OF IT, ESPECIALLY BEING RIGHT ON 183 SO PEOPLE CAN SEE WHAT'S HAPPENING AND GOING ON AND SWING IN AND EXPLORE THAT WHOLE AREA THAT THEY MIGHT NOT OTHERWISE HAVE. SO I LIKE THE IDEA A LOT. YES, I CONCUR, I, I DEFINITELY LIKE THE IDEA. I JUST I DID HAVE A QUESTION REGARDING THE THE PLANS FOR FUTURE PARKING, SO I WAS JUST WANTING TO KNOW THE CAPACITY OF OCCUPANTS THAT YOU CAN HAVE THERE AND IF THE CURRENT PARKING OR THE PLANNED PARKING WILL BE ABLE TO ACCOMMODATE THAT. YES. SO WHAT, YOU'RE GOING TO HAVE TO COME BACK UP TO THE MICROPHONE, SIR. SORRY. I'M SORRY I DIDN'T I DIDN'T GET YOUR NAME IN THE BEGINNING. I'M. BUT YES. SO WE RECENTLY ACQUIRED THE PLACE NEXT DOOR TO US. AND THE PLAN FOR THAT IS TO PERHAPS TURN IT DOWN AND INCREASE OUR PARKING SPACE. WE CURRENTLY HAVE A SMALL A SMALL PARKING LOT. HOWEVER, WE DO HAVE A BIG SPACE THAT WE RESERVE FOR PARKING WHEN IT COMES DOWN TO EVENTS AND STUFF LIKE THAT. SO YEAH, IT WILL BE ADDING MORE PARKING SPACES. COMMISSIONER OLIVER YEAH, SO YEAH, COMMISSIONER COATES ACTUALLY HAD ONE OF MY QUESTIONS ABOUT OCCUPANCY. SO THANKS FOR ASKING THAT. I, I DID WANT TO ASK A LITTLE BIT ABOUT FOR STAFF'S PURPOSE. DO WE KNOW IF THE CAPITAL METRO SHUTTLE SERVICES THIS AREA IN OLD TOWN LEANDER. IT DOES. IT DOES, IT DOES. YES. OKAY. SO THERE'S SHUTTLE SERVICE AVAILABLE THAT COULD POTENTIALLY BRING PEOPLE TO AND FROM WITHOUT HAVING TO ADD MORE PARKING OR CORRECT. PEOPLE PARK ON THE STREET WITH US BEING AN ALCOHOL ESTABLISHMENT BASED ON ALCOHOL, WE WANT TO CREATE A BETTER CULTURE SURROUNDING BEER, SURROUNDING ALCOHOL AND, YOU KNOW, PROVIDING JUST CLOSENESS, YOU KNOW, WHEN IT COMES TO THAT.
BUT WE DO TRY TO ENCOURAGE WE DO HAVE WE HAVE TEAMED UP A LITTLE BIT WITH METRO TO TRY TO ENCOURAGE PEOPLE TO USE THE THE, THE LITTLE SHORT BLUE BUSSES. THAT'S GREAT. THAT'S EXACTLY WHAT I WAS HOPING FOR. NOW THIS IS A TEN YEAR SPECIAL USE PERMIT. I WAS WONDERING, IS
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THERE GOING TO BE ANY AND MAYBE THIS IS A STAFF QUESTION, BUT IS THERE ANY INFRASTRUCTURE IMPROVEMENTS GOING TO BE MADE IN THIS AREA TO ROADWAYS, SIDEWALKS, MAKING IT WALKABLE? BECAUSE, I MEAN, THIS IS KIND OF A THIS IS OBVIOUSLY OLD TOWN. AND IF YOU LOOK AT THE AERIALS, NO, THE ROADS ARE PRETTY OLD IN THEIR RELATIVELY PRIMITIVE. SO I'M JUST CURIOUS IF WHAT'S GOING TO BE HAPPENING IN THIS AREA OVER THE NEXT FIVE, TEN YEARS. YES, SIR. WE DON'T CURRENTLY HAVE IT IN A CIP PROJECT FOR US TO DO ANY PROJECTS HERE, BUT IT IS PART OF THE OLD TOWN MASTER PLAN TO DO IMPROVEMENTS THROUGHOUT THE OLD TOWN. SO IT IS SOMETHING THAT WE PITCHED TO THE COUNCIL, TO THE CITY MANAGEMENT EVERY YEAR SO WE CAN GET SOME IMPROVEMENTS GOING. SO AND HOPEFULLY WE DO HAVE SOME IN THE FUTURE. OKAY. BECAUSE I WAS GOING TO ASK, IS THERE GOING TO BE ANY BURDEN PASSED ON TO THE LANDOWNER TO COVER ANY OF THAT? OKAY. JUST WANTED TO MAKE SURE THAT AS WELL. GOOD. THAT WAS THAT WAS REALLY IT. SO AND I DID ACTUALLY HAVE ONE QUESTION ABOUT I THINK THERE WAS A MENTION ABOUT A FOR AN EVENT TENT FOR LIVE MUSIC AND THINGS LIKE THAT IS THAT YOU WANT TO COME BACK UP REAL QUICK. I HAD A QUICK QUESTION FOR YOU. JUST SORRY. IT'S LIKE PLAYING MUSICAL CHAIRS HERE, BUT SO WE HAVE THE WHITE TENT OUT IN THE BEER GARDEN, RIGHT? IT'S IT'S HELPED US OUT TO PROTECT. WE HAVE A WE WE HAVE WE WORK WITH LIBBY. I FORGET HER NAME, HER LAST NAME, BUT SHE'S A LOCAL ARTIST, AND SHE HAS MADE MURALS ON OUR TABLES. SO WE PROTECT THAT FROM THE FROM THE SUN.IT'S ALSO HELPED US CONTINUE SOME EVENTS THROUGH RAIN. YOU KNOW, SUN AND DIFFERENT WEATHER.
NO. THAT'S GREAT. IS THERE DO YOU HAVE LIKE FUTURE PLANS DOWN THE ROAD FOR MAYBE LIKE A PERMANENT, LIKE PAVILION OR SOMETHING OR BEER GARDEN OR SOMETHING THAT WOULD BE MORE PERMANENT VERSUS A TEMPORARY TENT? I'M JUST JUST CURIOUS. I MEAN, AT SOME POINT, I BELIEVE ONCE WE EXPAND AND ONCE WE GROW A LITTLE MORE, YEAH, IT WOULD BE WONDERFUL. BUT CURRENTLY THE SIZE OF THE TENT THAT WE HAVE IS, IS PERFECT FOR FOR THAT ALLOWS US TO DO ACTIVITIES UNDER THE TENT AND NOT UNDER TENT. SOUNDS GOOD. NO, THANKS. APPRECIATE YOU TAKING OUR QUESTIONS. YES, MA'AM. I DIDN'T WANT YOU TO HAVE TO WALK ALL THE WAY BACK. THE. I LIKE ALL OF THIS. I JUST HAD A QUESTION ABOUT THE CHILDREN'S PLAY AREA OR PARK ASPECT OF IT. YOU'RE AWFULLY CLOSE TO THE TRAIN TRACKS. WHAT? WHAT PART OF THE PROPERTY WOULD THAT CHILDREN'S PLAY AREA BE BUILT ON? IT'S SO. SO IF YOU SEE THERE'S THE BIG HORSESHOE, IT'S ALWAYS GOING TO BE AWAY FROM THE FROM THE FROM THE PARKING LOT, AWAY FROM EVERYTHING. WE'RE GOING TO TRY TO. OH THANK YOU. SO IF YOU SEE. SO THIS RIGHT HERE THAT BEING THE HORSESHOE THE PLAY AREA PROBABLY BE SOMEWHERE OVER HERE. THERE IS A BIT OF AN EASEMENT HERE. HOWEVER WE ARE LOOKING TO HAVE IT AS SAFE AS POSSIBLE DUE TO US HAVING, YOU KNOW, HEAVY EQUIPMENT AND STUFF LIKE THAT.
OKAY. SO YES, MA'AM, A QUESTION FOR STAFF. WILL, WILL THERE BE CERTAIN REQUIREMENTS ON THAT PLAY AREA, JUST LIKE YOU WOULD ON ANY KIND OF OUTDOOR PLAY AREA THAT'S IN THE CITY OR. YOU DON'T HAVE ANY REQUIREMENTS FOR OUTDOOR PLAY AREAS THERE REVIEWED LIKE THEIR ACCESSORY STRUCTURES. SO THEY WOULD NEED TO BE OUTSIDE OF THE SETBACK. THEY HAVE A HEIGHT LIMIT, THINGS LIKE THAT. OKAY, I WAS JUST ASKING BECAUSE OF THE PROXIMITY TO THE TRAIN TRACKS AND WE WOULDN'T HAVE ANYTHING. I KNOW THAT CAPMETRO DOES HAVE SOME LIMITS, THAT THEY HAVE SOME RESTRICTIONS ON HOW CLOSE THINGS CAN BE TO THE THE TRACKS. OKAY. ALL RIGHT. THANK YOU.
THAT'S ALL I HAD, COMMISSIONER. NO QUESTIONS FOR ME. AND I ONLY HAVE ONE QUESTION FOR STAFF.
I'M JUST CURIOUS BECAUSE WHEN I HEARD THE THE STAFF PRESENTATION, I HEARD DATES LIKE JANUARY OF 2023 AND 2024. AND THEN I LOOK AT THE SUMMARY OF OUTREACH THAT'S, YOU KNOW, 11 FEB OF THIS YEAR. I'M JUST I JUST WANT TO KNOW WHAT WHAT'S TAKING IT SO LONG TO GET TO US BECAUSE, YOU KNOW, WE WANT TO WE WANT TO ENCOURAGE BUSINESSES TO GROW AND TO THRIVE IN THE COMMUNITY. SO I WANT TO MAKE SURE THAT WE'RE DOING EVERYTHING WE CAN TO HELP THEM OUT. SO WE'VE BEEN WORKING WITH THE APPLICANT FOR A VERY LONG TIME TRYING TO GET THE REQUEST IN, AND THEY ALSO ACQUIRED THAT PROPERTY THAT WAS MENTIONED EARLIER. SO THAT KIND OF RESTARTED THE PROCESS BECAUSE WE NEED TO MAKE SURE THAT WE HAD THE NEW PROPERTY, THE NEW OWNERS DEEDS, ALL OF THAT. SO WE STARTED OVER THE PROCESS AND IT'S BEEN A LOT OF WORKING BACK AND FORTH WITH THEM. THERE WAS ALSO SOME ISSUES WITH THE TAXES THAT THEY NEEDED TO GET PAID OFF BEFORE WE SCHEDULED IT. SO THERE WAS A COUPLE DELAYS, THE DATES IN THE LETTER. WE WERE HOPING THAT MAYBE THE APPLICANT, BUT I KNOW I WASN'T THE ONE THAT WAS INVOLVED, SO MAYBE HE DOESN'T HAVE THE ANSWER. I THINK THERE WAS A MIX UP ON THE DATES. THEY THE FIRST LETTER THAT WAS SENT OUT WAS FOR ABC, SO THAT DATE WAS FROM 2023, BUT THEY SUBMITTED THE APPLICATION EARLIER THIS YEAR. BUT I THINK IT MIGHT HAVE BEEN THE 2025 DATE AND THEY PUT 2024. OKAY.
SO WE WERE HOPING THEY COULD CLARIFY THAT FOR US BECAUSE IF I HEARD THE DATES, THEN THE COMMUNITY HEARS THE DATES AS WELL. AND I JUST WANT TO MAKE SURE THAT WE HAVE A CHANCE TO TALK ABOUT WHAT GOES ON KIND OF BEHIND THE SCENES THAT PEOPLE MAY NOT SEE AND KNOW ABOUT. SO THANK YOU. YEAH, IT'S BEEN A LOT OF WORK IN PROGRESS. GREAT. THANK YOU. OKAY. THAT'S IF THERE'S NO FURTHER DISCUSSION. THIS IS AN ACTION ITEM. MOTION TO APPROVE OKAY. WE GOT A
[00:25:02]
MOTION TO APPROVE BY COMMISSIONER MORALES. OH AND A SECOND BY COMMISSIONER LEWIS.ALL THOSE IN FAVOR. AND IT PASSES UNANIMOUSLY. THANK YOU. AGENDA ITEM 16. CONDUCT A
[16. Conduct a Public Hearing and consider action regarding Zoning Case Z-25-0179 to amend the current zoning of GC-3-C (General Commercial) to adopt the Crossroads PUD (Planned Unit Development) with the base zoning of GC-3-C (General Commercial) on three (3) parcels of land approximately 20.726 acres ± in size, more particularly described by Williamson Central Appraisal District Parcels R032150, R032157, and R462464; and generally located south of Hero Way West, approximately 400 feet west of Bagdad Road, Leander, Williamson County, Texas.
]
WE MAKE THIS RECOMMENDATION BASED ON THE PROPOSAL BEING COMPATIBLE WITH THE SURROUNDING USES AND THE FUTURE LAND USE MAP. THE APPLICANT HAS SHARED A BROCHURE WITH YOU GUYS. THERE'S A LITTLE HANDOUT AND THEY'RE HERE. IF YOU GUYS HAVE ANY QUESTIONS YOU WANT TO DO A PRESENTATION. GREAT. DO YOU HAVE THE APPLICANT PRESENTATION. ALL RIGHT. AWESOME. COME ON UP.
AWESOME. WELL GOOD EVENING EVERYONE. THANK YOU SO MUCH FOR YOUR TIME TODAY. MY NAME IS DAN MITCHELL I'M WITH HEADWATER COMPANIES. WE'RE A FULL SERVICE REAL ESTATE COMPANY BASED IN GEORGETOWN NOT TOO FAR FROM HERE, SO WE DO DEVELOPMENT, CONSTRUCTION, BROKERAGE. SO FULL SERVICE FROM START TO FINISH. AND WE HAVE WE'VE WORKED ON MULTIPLE INDUSTRIAL PROJECTS. YOU'LL SEE ON PAGE THREE OF THE ADDENDUM. AND THAT'S OUR FOCUS IS ON SHALLOW BAY INDUSTRIAL ESSENTIALLY BRIDGES THE GAP BETWEEN YOUR SMALL BAY BUSINESS PARKS AND YOUR LARGE INDUSTRIAL WAREHOUSES CATER TO DISTRIBUTION. SO THAT'S WHAT WE PLAN TO DO HERE AT CROSS AT THE CORNER OF BAGDAD. AND HERO WAY IS BUILD FOR TILT WALL CLASS A INDUSTRIAL BUILDINGS THERE. IS THE. CAN I MOVE THE ADDENDUM ONTO THAT SCREEN OR. FOR A CONCEPT OKAY. AWESOME. THANK YOU. SO HERE IS THE CONCEPT PLAN THAT WE HAVE IN PLACE.
SERVING USERS LOOKING TO OCCUPY BETWEEN 5 AND 20,000FT■!S. AND WE'RE TALKING YOUR LOCAL TRADES, SMALL BUSINESSES IN THE AREA LOOKING TO MANUFACTURE PERFORM R&D OR YOUR LOCAL DISTRIBUTION COMPANY SERVING RETAIL AND RESIDENTIAL. AND DOWN BELOW ON THE BOTTOM ARE SOME PROJECTS THAT ARE IN THE AUSTIN MSA THAT WE'RE GOING TO, THAT WE'RE GOING TO DESIGN OUR BUILDING SIMILAR TO. SO IT'S GOING TO WE FEEL IT'S GOING TO COMPLIMENT THE AREA AND ADD USERS THAT WE ANTICIPATE ARE GOING TO BE LOW WATER SEWER USERS. SO MINIMIZE THE USAGE ON UTILITY UTILITY INFRASTRUCTURE, ESPECIALLY MUCH LESS THAN WHAT THE CURRENT OWNER WAS INTENDING TO USE THIS
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FOR, WHICH WAS A CHARTER SCHOOL. SO WE'VE ENJOYED COLLABORATING WITH THE CITY ON THIS AND HAVE TALKED WITH MULTIPLE CITY COUNCIL MEMBERS STEPHEN CHANG, DAVID MCDONALD, ANDREW NORDEEN AND BECKY ROSS. SO FAR, WE'VE RECEIVED POSITIVE FEEDBACK ON IT. SO WITH THAT, I'LL GIVE IT BACK TO YOU. GREAT. THANK YOU, MR. MITCHELL. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING. I DON'T HAVE ANYONE SIGNED UP FOR THIS ITEM. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK? YES, MA'AM. YOU CAN COME ON UP. YOU'LL HAVE THREE MINUTES. I JUST LIKE SOME CLARIFICATION.AND PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS AMY FRESHOUR. I LIVE AT 1409 PINOT NOIR STREET, WHICH BACKS UP THE ONLY HOUSE THAT BACKS UP TO THIS PROPERTY. BASED ON THIS, IT LOOKS LIKE THERE'S A RATHER LARGE AREA IN BETWEEN YOUR PROPERTY AND THE APARTMENTS HERE. WHAT IS THAT EASEMENT GOING TO BE? SO. SO I'M SORRY. YEAH. AND WE CAN'T DO A BACK AND FORTH. SO SORRY MISS. OKAY. SO BUT BUT IF YOU ASK YOUR QUESTIONS, I'M SURE THE COMMISSION WILL MAKE SURE THEY GET THE EASEMENT BETWEEN THEIR, THEIR BUILDING FOR AND THE PARKING LOT AND THE APARTMENTS IN THAT FLOODPLAIN. OKAY. YES, MA'AM. IT'S NOT A BACK AND FORTH. WE CAN'T DO A BACK AND FORTH. SO THANK YOU. WE'LL MAKE SURE YOU GET YOUR QUESTION ANSWERED. YES. THANK YOU. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK? YES, SIR. IF YOU CAN COME UP AND STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES. MY NAME IS BRUCE.
SAFELY. I LIVE AT 301 NORTH BAGHDAD ROAD AND THE HISTORICAL HOUSE THAT WAS ORIGINAL TOWN LEANDER. THE PIECE OF PROPERTY, IF YOU SEE WHERE THEY'RE DEVELOPING. IS THAT MY PROPERTY? DO YOU HAVE THAT LITTLE FLASHER THING? THE POINTER. ARE YOU SURE? I CAN SWITCH OVER TO THE OTHER MAP? OKAY. OKAY. YES. THIS GUIDANCE. OKAY. OKAY. IF YOU SEE RIGHT THERE WHERE I GOT THE DOT, THAT IS MY PROPERTY RIGHT THERE, WHICH IS THE 1850 HISTORICAL HOUSE. WHEN THE.
EXCUSE ME. I'M SHAKING HERE. WHAT DID HE DO? DID HE ENLARGE IT? WENT TO A DIFFERENT SLIDE, SIR. THAT'S OKAY. WE GET. WE SEE. WELL, MY PROPERTY BACKS UP TO THE TO THE DEVELOPMENT AND VERY CLOSELY. MY BACKYARD IS, IS BASICALLY 25 FOOT OFF THE EDGE OF THE PROPERTY LINE THERE.
AND I WAS WONDERING IN THIS DEVELOPMENT IF WE'RE GOING TO HAVE IF I'M GOING TO HAVE A WALL OR SOMETHING AS A BARRIER BETWEEN ME AND THAT. IN THE DEVELOPMENT OF THE NEW DEVELOPMENT. AND THEN ONE OTHER QUESTION I HAVE ALSO IS THERE IS A PARKING LOT THAT IS BEEN WAS ALLOWED TO BE BUILT ON THE WHAT WAS USED TO BE THE GREENHUT PROPERTY FOR THE. BACK HEAD START PROGRAM FOR EXTRA PARKING, AND THAT THAT NEEDS TO BE ADDRESSED AS TO AS TO ACTUALLY OWNERSHIP AND SO FORTH AND SO ON. IT'S JUST A SMALL LOT, BUT IT IS IT WAS LIKE I SAID, WAS WAS GRANTED OVER TO THE BAGHDAD ACTIVITY CENTER FOR EXTRA PARKING WHEN THEY HAD THE FULL THE HEAD START PROGRAM WAS IN FULL. WELL, BLOW UP WAS GOING VERBALLY. SO AND SO.
THERE'S A COUPLE OF QUESTIONS AND THINGS TO THROW OUT AT YOU. YES, SIR. THANK YOU. AND I WOULD JUST LIKE TO ASK IT FOR YOURSELF AND MISS FROSCHAUER, IF YOU HAVEN'T FILLED OUT, FILL OUT ONE OF THE CARDS AND AND HAND IT DOWN. SHE HAS THEM DOWN ON THE END. OKAY. THAT WAY WE HAVE YOUR NAME FOR THE RECORD. SURE. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? OKAY. YES, SIR. COME ON UP. PLEASE STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES. I'M JOHN FROSCHAUER, AMY'S HUSBAND. WHAT'S THE. IF YOU NOTICE THE SHAPE OF THE DEVELOPMENT HAS A LITTLE HANGING. CHAD, OFF TO THE LEFT THERE AT THE SOUTH SIDE. THERE YOU GO. EXCELLENT. MY QUESTION FOR THE. DEVELOPER IS WHAT IS THE INTENT OF THAT EXTRA PORTION OF THE DEVELOPMENT? AND THEN WHAT IS THE STAND OFF DISTANCE BETWEEN THE SOUTH SIDE OF THEIR PARKING LOT AND THE NEIGHBORHOOD AND THE APARTMENTS ON THAT PICTURE THERE? YES, SIR.
OKAY, THANKS. YES, SIR. THANK YOU. OKAY. ANYONE ELSE ALL RIGHT? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING. AND BEFORE I ENTER INTO DISCUSSION, I'M GOING TO CALL THE DEVELOPER
[00:35:04]
BACK UP AND WE'LL ANSWER SOME OF THESE QUESTIONS REAL QUICK. THAT WAY WE DON'T HAVE TO WORRY ABOUT IT AS A GROUP. SO, MR. MITCHELL, IF YOU WANT TO HOP BACK ON UP. SO YOU HEARD THE QUESTIONS LIKE I DID, BUT I WANT TO MAKE SURE I RESTATE THEM JUST SO I UNDERSTAND THEM.YEAH, THEY'RE REALLY CONCERNED ABOUT THE SOUTHERN PORTION OF YOUR PROPERTY NOW, AS I SAW IT ON YOUR DIAGRAMS AND AS I KNOW IT FROM THAT SPACE. THAT'S A GREEN SPACE RIGHT THERE. THAT'S RIGHT. SO PRETTY MUCH ALL THAT GREEN SPACE YOU CAN'T DEVELOP. CORRECT. AND NOT NOT ONLY BECAUSE OF ELEVATION, BECAUSE IT'S A FLOOD PLAIN AND ALL THOSE OTHER THINGS. SO I JUST WANT TO CONFIRM THAT WITH YOU, WHICH IS ACTUALLY ONE OF MY QUESTIONS AS WELL. SO I'M GLAD THAT THE FRESH I WAS ASKED THAT BECAUSE I WANTED TO DOUBLE CHECK ON THAT MYSELF. YEAH, WE'RE WE'RE NOT GOING TO TOUCH THAT AREA. AND SAME WITH THE HANGING AREA. IT JUST WOULDN'T MAKE SENSE FOR US TO TOUCH IT. JUST LEAVE IT AS IS. OKAY. DO YOU HAPPEN TO KNOW. SO THERE WAS A THERE WAS A QUESTION. SO I WANT TO KNOW THE DISTANCE BETWEEN WHERE YOUR PROPERTY IS GOING TO BE TO THE EDGE OF THE OR WHERE YOUR DEVELOPED PORTION OF YOUR PROPERTY TO THE UNDEVELOPED PORTION, THE EDGE OF YOUR UNDEVELOPED PORTION OF YOUR PROPERTY WAS A 350FT, I MEAN, ROUGHLY I MEAN, IT SCALES TO ABOUT THREE, ABOUT 350FT. YEAH. SO IT'S A PRETTY GOOD GOOD SIZE SPACE RIGHT THERE. THAT'S A FOOTBALL FIELD PLUS OF SPACE OKAY I THINK I THINK THAT'LL EASE SOME CONCERNS ON THAT SPACE. ALSO WE THE GENTLEMAN HAD SOME QUESTIONS ABOUT THE SETBACKS AND THE OR THE BARRIERS BETWEEN HIMSELF AND HIS PROPERTY. I KNOW WE HAVE SOME WE HAVE ORDINANCES AROUND THAT OURSELVES AS A CITY, BUT I JUST DIDN'T KNOW IF YOU WANTED TO ADDRESS THAT AND WHAT YOU GUYS PLAN TO DO. I THINK WE'D BE FOLLOWING THE ORDINANCES ON THAT. OKAY. WE'LL HAVE TO LOOK INTO IT FURTHER RIGHT NOW. YEAH. WE JUST WE'D STICK WITH WHAT THE CODE IS FOR NOW. SO. SO THEN I'LL ASK MISS CASTILLO TO COME UP AND JUST SO SHE CAN INFORM ALL OF US. WHAT'S THE THE SETBACK REQUIREMENTS? WHAT ARE THE ANY BARRIER TYPE REQUIREMENTS THAT THEY'RE GOING TO HAVE TO PUT IN PLACE FOR THIS? I DON'T HAVE THEM OFF THE TOP OF MY HEAD, BUT I CAN PULL THEM UP. BUT THEY DO DEPEND ON THE ZONING.
IT DEPENDS ALSO ON THE SURROUNDING USES. SO FROM RESIDENTIAL USES IT IS HIGHER THAN FROM COMMERCIAL USES. AND IT ALSO DEPENDS IF THERE ARE MASONRY INCENTIVES THAT ARE BEING DONE. IF THEY CONSTRUCT WITH MASONRY, DEPENDING HOW MUCH MASONRY THEY'RE ADDING, IS A DECREASED SETBACK. OKAY. GREAT. THANK YOU. ALL RIGHT. WITH THAT NOW I WILL OPEN IT UP INTO DISCUSSION. AND I WILL START WITH COMMISSIONER BRAY. YES. THANK YOU FOR FOR THE DEVELOPER. MR. MITCHELL, I JUST HAD A QUESTION ABOUT WHAT YOU THINK THE CONNECTION TO HERE AWAY MIGHT BE, OR HOW IT MIGHT BE IMPACTED WITH WITH THIS SITE. I'M ANTHONY GOOD WITH GOOD FAITH ENGINEERING THE THE WE'VE GOT TWO ACCESSES THERE ON HERO WAY. ONE OF THEM WILL BE LINED UP WITH THAT EXISTING DRIVE ACROSS. IT'S A LARGE DRIVE AND THE OTHER ONE IS THE EXISTING DRIVE THAT'S ALREADY THERE. WE WILL HAVE A LARGE TRUCKS BRINGING DELIVERIES PROBABLY IN THE MORNING, YOU KNOW, 1 OR 2 A DAY KIND OF THING. AND WE DON'T ANTICIPATE A HEAVY LOAD IN.
MOST OF IT WILL BE OFF PEAK HOUR, BUT WE DON'T HAVE USERS YET. SO THAT'S TO BE DETERMINED AT SOME LEVEL. BUT OUR USERS HISTORICALLY HAVE BEEN PRETTY LOW VOLUME, BUT LARGE DELIVERY TYPE STUFF. OKAY. I JUST WANTED TO MAKE EVERY EVERYONE AWARE OF THE DESIGN RIGHT THERE ON HERO WAY AND THE POTENTIAL IMPACTS THERE HAVE BEEN POINTING TIME TO THE TO BOTH GAS STATIONS IN THAT ON THAT LOCATION. JUST SO YOU'RE AWARE OF THOSE USES AND HOW THEY AFFECT THAT.
UNDERSTOOD. AND. WELL, THE CITY HAS A PROCESS FOR ANALYZING ALL THAT. AND WE WILL MEET AND EXCEED ALL THOSE CODES. OKAY. THANK YOU. VICE CHAIR. NO QUESTIONS. COMMISSIONER OLIVER.
YEAH. SO FIRST AND FOREMOST, I MEAN, THIS IS I MEAN, I LIKE THE DEVELOPMENT. I'M NOT AGAINST IT PER SE, BUT IT'S ALSO IN A NEIGHBORHOOD CENTER. AND SO GENERAL COMMERCIAL IS IS GOOD FOR THAT. BUT THIS SEEMS TO BE A LITTLE BIT MORE INDUSTRIAL FOCUSED, ESPECIALLY WITH THE TENANTS THAT YOU'RE ALREADY PROPOSING WITH SOME OF THE MATERIALS YOU PROVIDED US.
AND I'M JUST KIND OF CONCERNED THAT WHEN I LOOK AT THE LANGUAGE OF WHAT A NEIGHBORHOOD CENTER IS THAT, YOU KNOW, IT'S IT'S IT'S DESIGN THAT IS COMPATIBLE WITH ABUTTING OR ADJACENT RESIDENTIAL USES. SITE DESIGN SHOULD BE NEIGHBORHOOD FOCUSED, PRIORITIZING WALKABILITY, SCREENING, LIGHT SHIELDING, YOU KNOW, STREET LANDSCAPING. AND THEN TYPICAL USES INCLUDE PERSONAL SERVICES, DAYCARE CENTERS, SMALL OFFICES, FITNESS CENTERS, RESTAURANTS,
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RETAIL PLAZAS. SO BASED ON WHAT I'VE SEEN SO FAR, NONE OF THAT'S REALLY APPLICABLE OR GOING TO BE IN THIS PLACE, EVEN THOUGH THE GC ZONING WORKS FOR THAT AND I'M OKAY WITH THE ZONING PIECE OF IT. JUST THIS LOOKS MORE LIKE AN INDUSTRIAL PARK THAN IT DOES SOMETHING THAT WOULD FIT IN A NEIGHBORHOOD CENTER. AND THAT'S MY MAIN CONCERN. THERE IS INDUSTRIAL FURTHER UP HERE, AWAY, BUT THAT'S ACTUALLY NOT IN TECHNICALLY A NEIGHBORHOOD CENTER. AND SO EVEN THOUGH IT'S COMMERCIAL, IT FITS A LOT OF THOSE OTHER CRITERIA. THAT'S JUST MY MAIN POINT OF CONTENTION HERE IS, IS THAT THIS IS A NEIGHBORHOOD CENTER.AND I FEEL LIKE THIS IS A MORE INDUSTRIAL DEVELOPMENT FROM THAT STANDPOINT. THE OTHER PIECE I WAS GOING TO MENTION IS THIS THE AS FAR AS THE SHIELDING OR WALL OR FENCES, WHATEVER THE ORDINANCE REQUIRES. I MEAN, WE'RE WE'RE LOOKING AT CHANGING OR THIS IS BASICALLY A PUD, RIGHT? WE'RE ASKING FOR HERE TO ALLOW FOR THE PORTABLE BUILDINGS. CORRECT. FOR PORTABLE BUILDINGS. YEAH. NO WE'RE NOT. THERE WERE SOME TEMPORARY STRUCTURES CALLED ON THIS ONE, RIGHT? NO. SO WE'RE DOING OUTDOOR STORAGE. OUTDOOR STORAGE. AND IT'S BEING SCREENED FROM VIEW. RIGHT. SO WITH THIS I MEAN WE CAN ALWAYS AT LEAST RECOMMEND A HIGHER STANDARD FOR ANY WALL OR FENCING THAT NEEDS TO BE PUT IN PLACE TO SHIELD THIS DEVELOPMENT FROM ANY RESIDENTIAL, LIKE THE GENTLEMAN WHO LIVES AT 301 BAGDAD. YEAH, THE THE WAY THAT IT'S STRUCTURED, THE ORDINANCE ALREADY REQUIRES THAT IT'S SCREENED FROM NEIGHBORING PROPERTIES OR RIGHT OF WAY. BUT CAN WE REQUEST SOMETHING A HIGHER STAND LIKE A MASONRY? WE'VE DONE THAT BEFORE IN THE PAST, THE PEAK DEVELOPMENTS THAT CAME ON FURTHER DOWN BACK YEAR AWAY. SO SO WE HAVE IT UNDER SECTION D, NUMBER TWO. IT JUST REFERS BACK TO THE ORDINANCE ON WHAT'S REQUIRED. BUT WE CAN ADD ADDITIONAL STANDARDS IF THAT'S WHAT YOU WOULD LIKE TO RECOMMEND. OKAY. THAT'S IT. COMMISSIONER COATES.
NO QUESTIONS COMMISSIONER LEWIS. NO QUESTIONS. AND COMMISSIONER MORALES YEAH I HAVE A FEW QUICK COMMENTS. YOU KNOW, I'M HEARING THE CONCERNS OF SOME OF THE NEIGHBORS. WHENEVER YOU PUT COMMERCIAL RIGHT NEXT TO A RESIDENTIAL HOME, IT ALWAYS IS A LITTLE CONCERNING. YOU KNOW, YOU ALWAYS WANT TO BE A GOOD NEIGHBOR AND, YOU KNOW, IT IS A LITTLE BIT MORE INDUSTRIAL NATURE VERSUS NEIGHBORHOOD FOCUSED. YOU KNOW, WE ARE BUTTING UP TO WHAT ARE TWO OF LEANDER'S MAIN ARTERIES, YOU KNOW, HEROES WAY AND BAGHDAD. SO I, I DEFINITELY SUPPORT MAYBE ENHANCING THE ARCHITECTURAL REQUIREMENTS ALONG THE MAIN STREETS TO MAKE A MORE FRIENDLY TO THE NEIGHBORS AND MORE APPEALING. AND THEN WHERE THE CREEK IS, DO WE KNOW THAT THE FLOODPLAIN COVERS THAT ENTIRE LITTLE FINGER? LIKE I JUST DON'T WANT LIKE IT TO REZONE IN THE FUTURE? YOU'RE JUST BECAUSE WE APPROVED IT. SOMETHING TO POP UP THERE BEHIND THESE PEOPLE'S BACKYARDS. I DON'T HAVE THE MAP IN FRONT OF ME. I DON'T THINK IT DOES.
BUT WE'RE NOT GOING TO CROSS IT AND THERE'S NOT ENOUGH, YOU KNOW, THE THE FISCAL COST TO GET ACROSS OVER THERE AND DO ANYTHING WITH THAT CORNER IS NOT REASONABLE. WE MIGHT END UP DOING A LITTLE, YOU KNOW, COFFEE BREAK AREA OR SOMETHING FOR PEOPLE TO GO HANG OUT AND, YOU KNOW, DRINK THEIR COFFEE IN BETWEEN BREAKS. BUT I BELIEVE THAT LITTLE CORNER IS ACTUALLY OUT OF THE FLOODPLAIN, BUT WE HAVE TO CROSS THE FLOODPLAIN TO GET TO IT, WHICH IS NOT VIABLE FINANCIALLY. OKAY, AND BACK TO THE ORIGINAL ONE. IF IF WE ARE TRYING TO BE A FRIENDLY NEIGHBOR, MAYBE WHERE WE ARE BUTTED UP TO THE RESIDENTIAL, YOU KNOW, YES, THE AREA, THE CITY IS GROWING FAST AND CHANGING AND OBVIOUSLY IT'S A HISTORIC HOME. IT DEFINITELY WOULD LOVE TO SEE SOME LANDSCAPING OR SOMETHING TO HELP, BUT THE CODE IS I THINK THE CODE REQUIRES A MASONRY FENCE THERE. I DON'T THINK WE'D HAVE ANY PROBLEM WITH WITH PUTTING THAT IN IF IT'S NOT IN THE CODE, BUT I THINK THE CODE COVERS THAT PRETTY, PRETTY STRONG. OKAY, THAT'S ALL I HAVE FOR RIGHT NOW. AND THE COMMISSIONERS HAVE KIND OF ECHOED WHAT I DID. YOU KNOW, WHEN I WHEN I LOOK AT THE NEIGHBORHOOD CENTER AND I THINK ABOUT HOW WE BUILD THINGS AND WE KIND OF HAVE A BUFFER BETWEEN SOME OF OUR MORE HEAVIER USES, ESPECIALLY LIKE GENERAL COMMERCIAL WHEN WE'RE BUTTING UP AGAINST NEIGHBORHOODS. BUT I THINK WE HAVE A NATURAL 350 FOOT BARRIER RIGHT THERE. RIGHT. SO I THINK THAT GIVES US A LITTLE BIT OF A BUFFER THAT WE WANT, EVEN THOUGH IT'S NOT A KIND OF STEP DOWN FROM FROM USE INTENSITY. SO I DON'T HAVE AN ISSUE WITH WHAT WE SEE. AND THEN GOING BACK TO COMMISSIONER MORALES, IF I LOOK AT THE FUTURE LAND USE MAP RIGHT ABOUT HERE IN MY HAND IS SHAKING TOO MUCH. THERE YOU GO, RIGHT ABOUT THERE. AND THAT LITTLE EDGE IS OUT OF THE FLOODPLAIN. IF THE FUTURE LAND USE MAP IS CORRECT. BUT AS THEY SAID, THEY WOULD HAVE TO GO ACROSS THE FLOODPLAIN IN ORDER TO GET THERE. SO THAT BECAUSE THAT BECAUSE, YOU KNOW, DIRECTLY SOUTH OF THIS IS MISS MISS FISHER'S HOUSE AS SHE WAS TALKING ABOUT. SO, YOU KNOW, THAT'S DEFINITELY A. YEAH. AND IF I MIGHT INTERRUPT REAL QUICK. SO EXHIBIT B IN YOUR PACKET DOES STATE THE FLOODPLAIN IF YOU WANT TO TAKE A LOOK AT THAT. SO IS ANYTHING IN ZONE X IS GOING TO BE OUTSIDE THE FLOODPLAIN. ANYTHING INSIDE A E IS FLOODPLAIN. SO IF YOU GO TO
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YOUR PACKET IT'S PAGE I THINK 49 OF 145. YEAH. ALL RIGHT. AND SO THAT WAS ALL OF MY COMMENTS.ANY OTHER DISCUSSION. ALL RIGHT. THIS IS AN ACTION ITEM. NO ONE WANTS TO GIVE HIM. OKAY I'LL MAKE A MOTION TO APPROVE I'LL SECOND OKAY. SO WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR. OKAY. MOTION FAILS. ALL RIGHT, COMMISSIONER MEHAN MOTIONED, AND THEN COMMISSIONER LEWIS SECONDED. AND THEN COMMISSIONERS MEHAN, LEWIS AND BRAY WERE FOUR AND THE REST WERE AGAINST. JUST FOR THE RECORD, THEIR MOTION FAILED. SO WE WILL MOVE ON TO OUR NEXT
[17. Conduct a Public Hearing and consider action regarding Zoning Case Z-25-0183 to amend the current zoning of GC-3-C (General Commercial) to adopt the 2100 S. Bagdad Road PUD (Planned Unit Development) with the base zoning of GC-3-C (General Commercial) on one (1) parcel of land approximately 0.36 acres ± in size, more particularly described by Williamson Central Appraisal District Parcel R098183; and located at 2100 S. Bagdad Road, Leander, Williamson County, Texas.
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THE APPLICANT REQUESTS THAT ARTICLE SIX, SECTION 16 E OF THE COMPOSITE ZONING ORDINANCE NOT APPLY TO THE PORTION OF PROPERTY FRONTING SOUTH BAGHDAD ROAD. THE PROPERTY IS DIVIDED SO THAT THE COMMERCIAL ACCESS TAKEN IS TAKEN OFF OF COUNTY CORK LANE, AND THE RESIDENTIAL ACCESS IS FROM SOUTH BAGHDAD ROAD. THE APPLICANT IS TREATING THIS PORTION OF THE PROPERTY AS THE BACKYARD AREA, AND THEY WOULD PREFER A TALLER FENCE THERE. THIS PROPOSAL WOULD STILL PROHIBIT FENCING OVER THREE FEET WITHIN THE SITE VISIBILITY TRIANGLE, WHERE THE DRIVEWAY CONNECTS TO THE SOUTH BAGHDAD ROAD, BUT WOULD ALLOW THE OWNER TO KEEP THE CURRENT SIX FOOT FENCE LOCATED IN THE FRONT OF THE PROPERTY LINE ADJACENT TO SOUTH BAGHDAD ROAD.
JUST TO KIND OF GIVE YOU ALL AN EXAMPLE OF THE LOCATION OF THIS FENCE, IT WOULD BE RIGHT HERE.
THIS LITTLE CORNER CURRENTLY THERE'S A SIX FOOT FENCE THERE, AND THAT'S WHAT THEY'RE PROPOSING TO KEEP. THE ZONING WOULD ALLOW IT AT THIS AT THE FRONT OF THE HOUSE RIGHT HERE.
AND A THREE FOOT FENCE IS ALLOWED TO EXTEND ON THE PROPERTY LINE. THE SURROUNDING THIS PROPERTY IS LOCATED AT THE INTERSECTION OF SOUTH BAGHDAD ROAD AND COUNTY COURT LANE, ON THE SOUTHEAST CORNER OF THE INTERSECTION. THE COUNTY GLEN NEIGHBORHOOD IS LOCATED TO THE EAST OF THE PROPERTY. OVER HERE, YOU'RE GOING TO HAVE GENERAL COMMERCIAL TO THE NORTH AND TO THE SOUTH, BUT THIS IS BEING USED AS A RESIDENTIAL USE. AND THEN YOU HAVE BAGHDAD ROAD TO THE WEST. THE PUBLIC NOTIFICATION, IN ADDITION TO THE NOTICE THAT WAS MAILED ON BEHALF OF THE CITY TO ALL PROPERTY OWNERS WITHIN 200FT, THE AGENT IS REQUIRED TO REACH OUT TO ALL PROPERTY OWNERS OF PROPERTY ZONED AS SINGLE FAMILY, AND ANY PROPERTIES USE A SINGLE
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FAMILY USES WITHIN 500FT. AS PER ARTICLE TEN, SECTION THREE OF THE ZONING ORDINANCE, ANY HOMEOWNERS ASSOCIATION LOCATED WITHIN THE 500FT WILL ALSO HAVE TO BE CONTACTED. THE APPLICANT SENT LETTERS TO ALL RESIDENTS WITHIN 500FT 500 FOOT BOUNDARY, PER THE APPLICANT'S REPORT, 27 OF THE 42 RESPONDED IN FAVOR OF THE PROPOSAL AND 15 HAVE NOT RESPONDED. NO CONCERNS OR ISSUES HAVE BEEN RECEIVED TO DATE, AND THERE WAS TWO ATTEMPTS ON THE 15 THAT DID NOT RESPOND. THERE'S ALSO A REPORT UNDER EXHIBIT EIGHT THAT YOU CAN READ THE LETTER. SO THE RECOMMENDATION ON THIS FROM STAFF, YOU HAVE PRETTY MUCH THREE OPTIONS HERE. YOU CAN APPROVE THE PROPOSED ZONING CASE, DENY THE PROPOSED ZONING CASE OR OPTION THREE, APPROVE AN ALTERNATIVE REQUEST THAT MAY INCLUDE MODIFICATIONS TO THE DEVELOPMENT STANDARDS IN REGARDS TO THE FENCE OR THE ALLOWED PROHIBITED USES. STAFF DOES RECOMMEND. OPTION THREE APPROVE AN ALTERNATIVE REQUEST THAT MAY INCLUDE MODIFICATIONS TO THE DEVELOPMENT STANDARDS TO REMOVE THE REQUEST TO NOT APPLY THE FENCING STANDARDS STAFF MADE THIS RECOMMENDATION BASED ON THE INTENT OF ARTICLE THREE, SECTION 14 B 12 OF THE COMPOSITE ZONING ORDINANCE, WHICH PERMITS ONE SINGLE FAMILY RESIDENT UNIT AS AN ACCESSORY USE PROVIDED THAT IS LOCATED ON THE FIRST FLOOR LOCATED ABOVE THE FIRST FLOOR. EXCUSE ME. IN THIS CASE, STAFF BELIEVES THAT ALLOWING THE ACCESSORY RESIDENTIAL UNIT ON THE FIRST FLOOR WITH THE COMMERCIAL USE STILL ALIGNS WITH THE OVERALL INTENT OF THE ORDINANCE AND SUPPORTS A FLEXIBLE MIXED USE DEVELOPMENT. HOWEVER, STAFF DOES NOT SUPPORT THE PROPOSED ALTERNATIVE FENCE STANDARDS.THE REQUEST TO MAINTAIN A SIX FOOT FENCE ALONG SOUTH BAGHDAD ROAD FRONTAGE DOES NOT MEET THE INTENT OF THE ORDINANCE, AND IT WOULD BE INCONSISTENT WITH ADJACENT PROPERTIES AND ESTABLISHED STANDARDS THROUGHOUT THE CITY. FENCING ALONG THE MAJOR ARTERIALS IS GENERALLY DISCOURAGED UNLESS IT CONSISTS OF A MASONRY WALL ADJACENT TO A RESIDENTIAL NEIGHBORHOOD. IN COMPLIANCE WITHIN THE SETBACKS. WHILE FENCING MAY BE PERMITTED IN CERTAIN CASES FOR SCREENING PURPOSES, IT IS TYPICALLY REQUIRED TO BE SET BACK FROM THE ROADWAY TO PRESERVE VISUAL CONTINUITY AND MAINTAIN CORRIDOR ESTHETICS. THAT IS ALL I HAVE. THE APPLICANT IS HERE. BOTH. DID Y'ALL HAVE ANYTHING? ALL RIGHT. IS THERE APPLICANT PRESENTATION OR YOU COME UP AND SPEAK IF YOU. HI MY NAME IS MARK GILLESPIE. MY WIFE CHERYL.
FIRST OF ALL I APPRECIATE I JUST WANT TO EXPRESS MY APPRECIATION TO THE PLANNING AND ZONING. JUSTIN, VERONICA, CHRIS, JULIE. I THINK I'VE PROBABLY MISSED A FEW OTHERS, BUT IT'S BEEN A PLEASURE WORKING WITH YOU GUYS. MY WIFE AND I, WE OPEN A DAYCARE. WE'RE PROBABLY ONE OF THE. WE'VE BEEN AT THIS DAYCARE SINCE 22,003 AND WE BOUGHT A DUPLEX, CONVERTED IT INTO A DAYCARE, WHICH MADE OUR DAYCARE CHILDREN'S GARDEN PRESCHOOL ONE OF THE FIRST. FAMILY OWNED DAYCARES IN IN LEANDER. WE'VE BEEN EXTREMELY SUCCESSFUL, AND WE'RE PROUD TO HAVE OUR LOCATION HERE IN LEANDER. JUST A LITTLE BIT OF HISTORY TO LET YOU UNDERSTAND WHY WHY WE ACTUALLY LIVE THERE. WE USED TO LIVE ACROSS THE RAILROAD TRACKS IN LEANDER AND HORIZON AND OPERATED THE DAYCARE AND WOULD COMMUTE BACK AND FORTH AFTER COVID. WE WE DOWNSIZED CONSIDERABLY BECAUSE OF COVID. AND SHORTLY THEREAFTER MY WIFE SAID, WHY DON'T WE MOVE INTO THE DAYCARE? BECAUSE WE HAD DOWNSIZED. WE HAD ABOUT 900FT■!.
THAT WAS JUST NOT BEING USED. SO IT MADE SENSE TO ME FROM A FISCALLY RESPONSIBLE STANDPOINT TO DO THAT. SO I RETROFITTED WHAT WE HAD MODIFIED INTO CLASSROOMS AND, YOU KNOW, PUT PUT SINKS, REINSTALLED SINKS AND SOME CUPBOARDS. AND THEN NEXT THING YOU KNOW, WE WE'RE, WE'RE ABLE TO MOVE IN. THE SIX FOOT FENCE THAT WE HAVE ALONG BAGHDAD IS THERE IS THERE FOR A REASON. IT USED TO BE A LITTLE OVER THREE FEET PREVIOUSLY FOR YEARS. BUT OUR PARENTS OF OUR CLIENTS WOULD COMPLAIN OR EXPRESS CONCERNS TO US ABOUT SAFETY AND SECURITY FOR THEIR KIDS BECAUSE THAT AREA AT THE AT THE FRONT OF OUR PROPERTY ON BAGHDAD WAS A PLAYGROUND. AND, YOU KNOW, WE HAD JUST A WOOD SLAT FENCE. AND IF YOU'RE FAMILIAR WITH THE PROPERTY ALONG BAGHDAD, THERE'S A LITTLE WALKING TRAIL. AND EVERY DAY WE HAVE NUMEROUS PEDESTRIANS WALKING BY. THERE'S ALWAYS TRASH. I HAVE FOUND HYPODERMIC NEEDLES CLOSE TO AND IN THE
[00:55:03]
DITCH. WE'VE HAD MAILBOXES THAT HAVE BEEN DESTROYED. SO WE, BASED ON THE CONCERNS OF OUR CLIENTS, WE RAISED THE HEIGHT TO SIX FEET. AND IT WAS THAT WAY FOR I WANT TO SAY, YOU KNOW, 4 OR 5 YEARS, I COULD BE OFF BY A YEAR OR TWO. BUT SO THAT WAS NEVER A PROBLEM. AND IT WAS ESTHETICALLY PLEASING. SO MY DESIRE WOULD BE TO KEEP THAT, BECAUSE THAT AREA IS STILL USED AS A PLAYGROUND FOR, FOR OUR CHILDREN THAT ARE THAT ARE OUR CLIENTS. SO THAT'S DO YOU HAVE ANY QUESTIONS? WE MAY HAVE SOME, SIR, BUT WE'LL RESERVE THOSE TILL AFTER THE PUBLIC HEARING.OKAY. THANK YOU. THANK YOU SIR. OKAY. I DON'T HAVE ANYONE SIGNED UP TO SPEAK ON THIS. IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND WE'LL GO INTO DISCUSSION. COMMISSIONER MORALES. YEAH, I DEFINITELY SEE THE BENEFITS OF HAVING A FENCE AND A PLAYGROUND. ARE THERE NO OTHER PLACES ON THE SITE THAT WOULD BE MORE APPROPRIATE FOR PLAYGROUND, NOT ADJACENT TO THE MAIN STREET? SURE. WE HAVE SEVERAL. AND DEPENDING ON WHAT. OH THANK YOU. WE HAVE SEVERAL AND THERE ARE CERTAIN TIMES OF THE YEAR DURING THE WINTER WE LIKE TO USE THE FRONT. DURING THE SUMMER WE USE THE BACK WHERE IT'S MORE SHADED. WE KIND OF MOVE THEM AROUND. WE ALSO LIKE TO TAKE OUT OUR BASKETBALL, WHICH DOESN'T REALLY WORK WELL ON THE GRAVEL, BUT IT'LL WORK BETTER IF WE CAN ASTROTURF RE ASTROTURF AND MAKE THAT WHOLE FRONT SECTION RIGHT THERE IN THE MIDDLE. WE ALSO HAVE OUR NEIGHBORS WHICH PARK THEIR CARS VERY CLOSE, LIKE TOUCHING DISTANCE. SO THAT SIX FOOT FENCE GIVES US JUST IT GIVES US PRIVACY, IT GIVES US SECURITY. IT GIVES US A LOT OF THINGS THAT HAVING A THREE FOOT FENCE AND PEOPLE WALKING BY ALL THE TIME BECAUSE OF ALL THE HEAVY TRAFFIC BACK YEARS AGO, WE DIDN'T HAVE THAT. THERE WAS NOBODY, YOU KNOW, OTHER MAYBE A FEW HIGH SCHOOLERS. BUT NOW IT'S JUST, YOU KNOW, LOTS OF PEOPLE GOING TO THE CORNER STORE, THAT WHOLE ROW. WHOOPS. WRONG ONE. THAT WHOLE ROW RIGHT THERE. NOT ONLY THAT HOUSE ARE ALL DUPLEXES. AND WHEN WE BOUGHT IT, WE BOUGHT IT AS A DUPLEX, KNOWING THAT WE COULD PUT A DAYCARE. AND THEN LATER ON, OUR THINKING WAS GOING BACK TO DUPLEX. BUT THEN I THINK Y'ALL REZONED IT. WE DIDN'T REALIZE BECAUSE IT WAS AT THE TIME IT WAS COMMERCIAL, LIGHT COMMERCIAL, AND YOU COULD HAVE A SCHOOL OR CHURCH. WELL, SO THAT WAS OUR LOGIC ANYWAY. LIKE WE COULD ALWAYS MOVE IT BACK TO DUPLEX, BUT RIGHT NOW WE'RE KIND OF LIKING IT BECAUSE THE FRONT ENTRANCE, THE FRONT OF THE WHOLE, YOU KNOW, THE FRONT DOOR IS THIS WHOLE U-SHAPED DRIVEWAY WHERE WE WERE OUR LIVING IS OUR BACKYARD. AND WHAT WE WANTED TO CONSIDER ALSO BEING THE THE EXTRA PLAYGROUND THAT IT USED TO BE. SO WE NEED WE NEED THE HIGH FENCE. IT'S JUST. AND WITH THEM, THE NEXT DOOR NEIGHBORS KIND OF PARKING THEIR CARS IN THE DRIVE IN THERE, THE FRONT YARD REAL CLOSE. IT'S JUST KIND OF GIVES US JUST PRIVACY, SECURITY, THAT KIND OF THING. AND LIKE HE SAID, YOU KNOW, WE'VE BEEN THERE FOR 4 OR 5 YEARS. WE HAVEN'T DISRUPTED ANYTHING. IT'S JUST IT'S JUST HELPS US KIND OF MAKE IT LOOK QUAINT, TOO. SO WHEN PEOPLE ARE PULLING IN, IT KIND OF HIDES A LOT OF THIS STUFF GOING ON IN THIS DIRECTION. IT KIND OF JUST MAKES THE WHOLE FRONT ENTRANCE. WHEN PEOPLE ARE PULLING IN OFF OF BAGHDAD, IT JUST MAKES IT LOOK NICE. ANYWAY, DID I ANSWER THE QUESTION CORRECTLY? I KIND OF PROBABLY WENT ON A TANGENT. IT WORKS. YEAH, AND I CAN SEE THE USES FOR THE FENCE AND I'M NOT AGAINST THE FENCE. IF YOU DO KEEP FENCE, JUST DUE TO VISIBILITY MAINTAIN. YEAH. MAKE IT APPEALING. YEAH. MY HUSBAND MOWS AND HE ALSO KNOWS THAT BIG STRIP IN BETWEEN. I DON'T KNOW WHOSE PROPERTY THAT IS THE RIGHT OF WAY, BUT I MEAN, WE ALWAYS MAINTAIN IT AND KEEP THE FENCE AND WE WANT TO ACTUALLY PAINT IT IT ONCE IT GETS APPROVED TO MATCH THE OTHER FENCING IN THE FRONT AND THE HOUSE AND ALL THAT, THAT'S ONCE IF IT GETS APPROVED, THAT'S WHAT WE WOULD LIKE TO DO. THAT'S THE WAY. COMMISSIONER LEWIS. NO QUESTIONS. IT WAS GREAT PRESENTATION. THANKS. COMMISSIONER COATS. YES, THANKS FOR YOUR PRESENTATION. I THINK I HAVE A QUESTION FOR THE STAFF REGARDING THE. YOU KNOW, THERE WAS A EXISTING FENCE THERE AROUND THREE FEET, AND THEN IT WAS CONSTRUCTED TO SIX FEET. AND THAT'S WHEN CODE
[01:00:05]
ENFORCEMENT GOT INVOLVED. SO. ORIGINALLY BECAUSE IT WAS A PRESCHOOL WAS OKAY BEFORE FOOT SHORTLY. SO WE HAD YOU KNOW, I'M SORRY. I'M SORRY. WE HAD RAISED IT TO SIX FEET BACK WHEN THE PARENTS STARTED, WHEN ALL THE TRAFFIC AND THE WALKING BACK AND FORTH. BUT ORIGINALLY BACK IN 2004, WE BOUGHT IT. IT WAS APPROVED FOR FOUR FOOT BECAUSE LICENSING SAYS WE HAD HAD A FOUR FOOT FENCE. I HAVE DIAGRAMS THAT I BROUGHT UP IF THAT WOULD HELP. YOU CAN COME UP TO THE I'M JUST GOING TO SAY I HAVE SOME DIAGRAMS, JUST PICTURES. IF IF THAT WOULD HELP ANYONE. OKAY. I THINK WE'RE OKAY RIGHT NOW. COMMISSIONER OLIVER. YEAH. SO CURRENTLY WE'RE LOOKING AT A SIX FOOT FENCE. I GOTTA THINK GOOGLE MAPS BECAUSE I CAN ACTUALLY LOOK ONLINE AND SEE, I THINK WHAT WE'RE WHAT WE'RE WORKING WITH HERE. I DEFINITELY AGREE FROM THE SAFETY OF THE PARENTS, I, I'M NOTICING SOMETHING IN THE, IN THE LANGUAGE OF THIS THAT TALKS ABOUT MAJOR ARTERIAL ROADWAYS AND FENCES. I LIVE ALONG RONALD REAGAN AND RIGHT AT THE INTERSECTION OF CRYSTAL FALLS AND RONALD REAGAN. THERE'S A LARGE I THINK IT'S ACTUALLY AN EIGHT FOOT WOOD FENCE. IT'S PROBABLY THERE TO SHIELD WHATEVER HOME IS BEHIND IT. BUT THAT WAS CONSTRUCTED, I THINK, SIX YEARS AGO, MAYBE, MAYBE A LITTLE BIT LONGER. BUT THERE IS ACTUALLY IF I GO FURTHER UP NORTH, RONALD REAGAN GOING TOWARDS 2243, THERE'S ACTUALLY A SCHOOL CALLED LUMIERE ACADEMY THAT HAS A COMPLETELY FENCED IN AREA. NOW IT'S AN IRON FENCE, BUT IT'S IT PROBABLY HAS A 25, 30 FOOT SETBACK FROM RONALD REAGAN, WHICH ALSO HAPPENS TO HAVE AN EIGHT FOOT WIDE OR SIX FOOT WIDE SIDEWALK. SO I'M NOT SAYING THAT I'M WE SHOULD KEEP THIS CURRENT FENCE, BUT I'M SAYING THAT I DO THINK THEY SHOULD BE ALLOWED TO HAVE A SIX FOOT FENCE, BUT I THINK MAYBE THERE'S SOME COMPROMISE IN THE MATERIAL AND WHAT IT SHOULD LOOK LIKE, WHETHER IT BE AN IRON FENCE OR, YOU KNOW, SOMETHING A LITTLE BIT, MAYBE MORE. I THINK WE'RE TALKING ABOUT MAYBE ESTHETICS HERE AS WELL, SOME MORE THAN ANYTHING. AND JUST, YOU KNOW, SOMETHING THAT THAT I THINK WORKS THAT THE CITY CAN, CAN, CAN COMPROMISE ON. BUT I IF ANYTHING, I DO THINK AT LEAST AN IRON FENCE WOULD BE ACCEPTABLE BECAUSE WE HAVE A STANDARD LIKE THAT THAT ALREADY EXISTS ON RONALD REAGAN, WHICH IS A MAJOR ARTERIAL ROADWAY, AND WE HAVE A SIX FOOT IRON FENCE FOR AN ACADEMY THAT'S RIGHT THERE, YOU KNOW, ADJACENT TO RONALD REAGAN PARKWAY. SO I WOULD SAY WE SHOULD AT LEAST ALLOW SOMETHING THERE, BUT WE SHOULD WORK AND COMPROMISE WITH WHAT IT SHOULD LOOK LIKE, FOR SURE. VICE CHAIR, I THINK THAT WAS IT. OKAY, I JUST HAVE A COUPLE OF COMMENTS BECAUSE THIS IS A THIS BECOMES THE ZONING. CORRECT. AND SO IF WE'RE IF WE'RE APPROVING A FENCE AS PART OF THE ZONING THAT STAYS WITH THE PROPERTY, IF THEY SELL THE PROPERTY, WE HAVE JUST ZONED IT THAT REMAINS THERE WITH THE PROPERTY. SO WHOEVER COMES IN AND BUILDS WHATEVER THEY CAN HAVE THE SIX FOOT FENCING ALONG THERE BECAUSE IT'S IN THE PUD DOCUMENT, THAT'S WHY IT'S SO IMPORTANT. I DON'T HAVE A PROBLEM WITH THE RESIDENTIAL COMPONENT OF THIS. YOU KNOW, I DON'T HAVE A PROBLEM WITH THAT AT ALL. BUT I GUESS I HAVE A PROBLEM APPROVING THIS REQUEST AS PART OF A PED, BECAUSE THAT'S PERMANENT. THAT'S PERMANENT ZONING. AND THERE SEEMS TO ME TO BE A BETTER WAY TO DO IT. IF WE COULD APPROVE IT, APPROVE THIS, APPROVE THE PUD WITHOUT THE FENCE IN IT, AND THEN PERHAPS THEY COME BACK, YOU KNOW, WITH A DIFFERENT SOLUTION FOR THE FENCE. PERHAPS IT'S A SPECIAL USE OR I DON'T KNOW IF THEY CAN EVEN DO THE FENCE ON A SPECIAL USE PERMIT, BUT I'M JUST SAYING I HAVE A PROBLEM WITH IT BEING PERMANENTLY ZONED. THAT AND AND AND VICE CHAIR. WE COULD ALSO PUT A CONDITION ON THAT THAT AS LONG AS IT REMAINS A DAYCARE, THAT FENCE IS ALLOWED. THAT WAY, IF THEY DO SELL THE PROPERTY AND IT TURNS INTO SOMETHING ELSE, THEN IT WOULD GO BACK TO A CODE ENFORCEMENT ISSUE. TRUE. AND THE LETTER THAT WENT OUT TO THE RESIDENTS. I WAS READING THE LETTER AND IT DIDN'T, YOU KNOW, THEY THEY WERE TALKING ABOUT THE NOTIFICATIONS WENT OUT. NOBODY HAD A PROBLEM WITH IT. AND I'M ASSUMING THEY DIDN'T DON'T HAVE A PROBLEM WITH FENCE, BUT THE FENCE WASN'T MENTIONED IN THE LETTER, JUST THE ZONING. AND YOU KNOW, I DOUBT THAT ANYBODY DID HAVE A PROBLEM THAT THAT LIVED AROUND THERE. BUT ADDING THE RESIDENTIAL TO IT, I WOULDN'T IF I WAS THEM. BUT, YOU KNOW, I DON'T KNOW HOW THEY WOULD FEEL ABOUT THE FENCE BECAUSE IT WASN'T IN THEIR LETTER. SO THAT'S JUST MY COMMENTS ABOUT IT. THAT'S ALL I HAVE UNDERSTOOD, COMMISSIONER BRAY. YES, I HAD A QUESTION FOR STAFF ON THE NORTHERN PORTION OF CROSS, COUNTY CORK LANE. ON THE PICTURE YOU CAN SEE THERE'S A SIDEWALK ON THE OTHER SIDE, SOUTH IN FRONT OF THEIR PROPERTY. THERE'S WHAT I WOULD REFER TO AS A GOAT PATH FOR THAT. SO I GUESS MAYBE IT'S A QUESTION FOR STAFF. IS THERE[01:05:04]
ANY PLANS TO DO ANYTHING ALONG THAT SIDE OF BAGHDAD? AND THEN ALSO A QUESTION JUST FOR CLARIFICATION FROM THE PROPERTY OWNERS, WHAT DO YOU SEE ON A DAILY BASIS ALONG BAGHDAD ON THAT SIDE? JUST TO ANSWER YOUR FIRST QUESTION, WE ARE CURRENTLY WORKING WITH THE APPLICANT ON THAT SIDEWALK. SO SO THERE IS PLAN TO DO A SIDEWALK PER THE SITE DEVELOPMENT. THERE IS A PLAN FOR THE SITE FOR THE SIDEWALK. AND YOUR QUESTION WAS WHAT DO WE NORMALLY SEE ALONG? WELL, DAILY? I MEAN, WE SEE A LOT OF HIGH SCHOOL, A LOT OF KIDS, ALL AGES, AND WE CERTAINLY DON'T HAVE A PROBLEM WITH WITH KIDS. BUT THAT'S JUST YOU'RE RIGHT, IT IS A GOAT PATH. AND IT'S, IT'S IT'S KIND OF AN ELEVATED AREA TO ACCOMMODATE THE DITCH AND KIND OF CONFINED WATER IN A BETTER MANNER. BUT EVERY DAY WE SEE, WE SEE OLDER PEOPLE. SOME PEOPLE IN, IN, IN, IN WHEELCHAIRS THAT, THAT GO BY. AND MANY TIMES THEY'LL SIT RIGHT OUTSIDE OUR FENCE. AND I DON'T HAVE A PROBLEM WITH WITH THEM SITTING, I MEAN, BLESS THEIR HEARTS. BUT THERE'S BUT THEY SIT UNDER THAT TREE AND THEY'RE THERE FOR, YOU KNOW, A NUMBER OF MINUTES, YOU KNOW, THERE'S, THERE'S CIGARETTE BUTTS. AND I EXPRESSED ALSO EARLIER, WE HAVE FOUND SEVERAL SYRINGES OVER THE YEARS, WHICH IS TO ME IS VERY ALARMING IN THAT GOAT PATH AND INTO THE DITCH AREA, THERE'S KIDS THAT RUN ON RIGHT ON BICYCLES. AND THEY ACTUALLY, YOU KNOW, ON THAT GOAT PATH AND ALSO THROUGH THROUGH OUR YARD THAT IS IN THAT TOP LEFT CORNER AREA. AND I, I COULDN'T TELL YOU HOW MANY DO THAT, BUT I KNOW EVERY DAY THAT THERE'S PROBABLY THERE'S A LARGE NUMBER THAT GO THROUGH THERE. AND THAT'S WHY THE PARENTS EXPRESS THE CONCERN. OKAY. THANK YOU. IF I MAY ADD ALSO IN THAT THE DUPLEX NEXT TO US, WE'VE ACTUALLY ALONG THAT GOAT PATH, HAVE EXTENDED OUR FENCE WITH CURB TIRE CURBS BECAUSE THE PEOPLE FROM THE DUPLEX WOULD ACTUALLY RUN, THEY WOULD BACK OUT OF THEIR FRONT YARD AND THEY WOULD RIDE THE. THEY WOULD RIDE INTO OUR YARD ON THAT CORNER. SO WE ACTUALLY PUT A CURB, A TIRE CURB THERE SO THAT THEY WOULD NOT GO THROUGH BETWEEN THE DITCH AND THE AND OUR PROPERTY AND THEIR PROPERTY. I DON'T KNOW IF THAT DOESN'T PROBABLY MAKE SENSE, BUT WE EXTENDED THAT ONE SOUTH CORNER. AND IT'S KIND OF HARD STOP IS RIGHT THERE. AND THEY WOULD THEY WOULD THEY WOULD HAVE LIKE 6 OR 7 VEHICLES WHICH I HAVE PICTURES THAT PARK IN THIS AREA. AND THAT'S THAT'S WHY WE HAVE THAT SIX FOOT FENCE THERE. JUST JUST FOR A LITTLE MORE PRIVACY AND. YEAH. ANYWAY, THANK YOU. THANK YOU. THAT'S ALL I HAVE. OKAY. SINCE THIS SEEMS TO BE ABOUT A FENCE THAN ANYTHING ELSE, MORE THAN ANYTHING ELSE, I'LL ASK STAFF IF YOU CAN HELP ME OUT. SO WE'RE ONLY TALKING ABOUT REALLY THIS PORTION OF THE FENCE, THE ONE, THE PORTION THAT'S FACING BAGHDAD? YES. CORRECT. CORRECT. IT WOULD BE ALONG BAGHDAD RIGHT HERE. AND THERE IS A SIX FOOT FENCE RIGHT HERE AS WELL. RIGHT. BUT THAT'S ALLOWED BECAUSE IT'S NOT ONE THAT'S FACING BAGHDAD. WELL, IT ACTUALLY WOULD HAVE TO MEET. SO RIGHT HERE AT THE FRONT OF THIS HOUSE, THIS IS WHERE IS THIS WOULD BE WHERE THE SIX FOOT FENCE WOULD END.AND THEN IT CAN GO DOWN TO THREE FEET ALONG THE PROPERTY LINE, BECAUSE THAT'S WHAT THE CITY CONSIDERS. THE FRONT OF THE HOUSE WOULD BE THE FRONT SETBACK. RIGHT. SO ONCE IT PASSES THE FRONT SETBACK THEN IT GOES DOWN TO THREE FEET A LOT ALLOWED ALONG THE PROPERTY LINE, EVEN THOUGH THE ACTUAL USAGE OF THE FRONT IS THIS IS THEIR FRONT. THAT'S HOW THEY'RE USING THE COMMERCIAL PORTION. IT'S IMPORTANT TO REMEMBER THAT THIS IS NOT RESIDENTIAL. THEY HAVE DIFFERENT STANDARDS FOR RESIDENTIAL AND COMMERCIAL. SO FOR COMMERCIAL USES THEY'RE NOT ALLOWED TO HAVE THIS SETBACK AREA WITH A FENCE FOR RESIDENTIAL. YOU CAN HAVE IT IN THE SIDE SETBACK BUT NOT THE FRONT COMMERCIAL. IT WOULD BE THE SAME EITHER STREET SIDE OR FRONT. THERE WOULD BE THE SAME. OKAY, THAT'S FAIR THEN. SO WE ARE LOOKING AT THAT WHOLE CORNER OF THE SIX FOOT FENCE WHEN WE'RE TALKING ABOUT THIS IS IS THE ISSUE WITH THE FENCE BECAUSE OF THE SETBACK TO BAGHDAD. AND IT'S SO SMALL, LIKE WHAT'S THE SETBACK REQUIREMENTS. BECAUSE I GO ALONG I DRIVE BAGHDAD FROM THE NORTHERN PART OF LEANDER ALL THE WAY TO LEANDER HIGH SCHOOL EVERY DAY, BECAUSE MY SON GOES TO LEANDER HIGH SCHOOL. AND SO
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I SEE FENCES ALONG BAGHDAD EVERY DAY. SO SIX FOOT FENCES. SO THEY START OUT AS RESIDENTIAL. AND SO THE THE FRONT SETBACK WE WOULD CONSIDER RIGHT HERE WHERE THE STRUCTURE, THE STRUCTURE IS RIGHT ON THE FRONT SETBACK, IT'S PUT ON THE FRONT SETBACK. SO THAT'S WHY THIS FRONT CORNER COMES INTO PLAY IN THIS AREA. RIGHT HERE IS A CARPORT. WE'RE ALSO WORKING WITH THEM ON A NUMBER OF OTHER ACCESSORY STRUCTURES TO GET THOSE CLEANED UP RIGHT NOW. SO THIS WOULD BE THE FRONT PORTION WOULD BE WHERE THE SIX FOOT FENCE WOULD WOULD BE WOULD END. AND THEN IT WOULD CHANGE INTO A THREE FOOT FENCE ALONG THE PROPERTY LINES. AND THEN.ALSO BUT I GUESS MY QUESTION IS, IS IT BACK TO WHAT MISS CASTILLO WAS SAYING? IS IT BECAUSE IT'S A COMMERCIAL PROPERTY, NOT A RESIDENTIAL PROPERTY? WHICH IS WHY THE FENCING ORDINANCES ARE A BIT DIFFERENT, AND THAT'S WHY THEY'RE HAVING THIS ISSUE RIGHT HERE FOR HAVING A SIX FOOT FENCE AND WHY I SEE SIX FOOT FENCES ALONG BAGHDAD. OKAY. SO NOW I'LL, I'LL GO BACK SEVERAL YEARS. NOW WHEN WE LOOKED AT LEANDER TOWING, WE HAD THEM WE ALLOWED THEM TO PUT UP A FENCE ALONG BAGHDAD AS WELL. IT WAS A METAL FENCE. SO GOING BACK TO TYPE. BUT THAT WAS THE CASE HERE. GOSH, IT WAS PROBABLY ONE OF MY FIRST ONES, ABOUT 5 OR 6 YEARS AGO THAT WE HAD WE HAD THE CASE AND WE TALKED ABOUT EXTENSIVELY ABOUT THE FENCE ALONG THERE. IT MIGHT NOT HAVE BEEN ALONG BAGHDAD. IT MIGHT HAVE BEEN THE ONE FACING THE CEMETERY SIDE, BUT I MEAN, ARE THERE ALTERNATIVES THAT WE COULD DO WHICH WOULD MEET THE INTENT OF THE ORDINANCES, BUT WOULD ALSO ALLOW THEM TO BE ABLE TO CONDUCT THEIR BUSINESS IN A WAY THAT HAS SOME SAFETY AND SECURITY FOR THE KIDS THAT ARE LOOKING AFTER. I THINK WE CAN DEFINITELY WORK WITH WORK WITH THE APPLICANT AND, YOU KNOW, TAKE YOUR SUGGESTIONS AND KIND OF BRING IT BACK AND TALK WITH THEM ABOUT THE PUTTING. UPDATE THAT LANGUAGE TO BE MORE SPECIFIC. IT WOULD BE SOMETHING THAT WE KIND OF NEED DIRECTION ON. YEAH, I MEAN, I'D BE WILLING TO MAKE A MOTION TO APPROVE THIS IF WE PUT SOME LANGUAGE INTO THE POD THAT, YOU KNOW, ONCE AGAIN, TO YOUR POINT, WE RESTRICT IT TO SCHOOL OR DAYCARE. BUT THEN, YOU KNOW, WE OBVIOUSLY NEED TO PROBABLY DEFINE WHAT THAT FENCING EITHER MATERIAL NEEDS TO BE, WHAT IT NEEDS TO LOOK LIKE. BECAUSE IF I LOOK JUST DOWN THE STREET TO THE NEIGHBOR, THEY GOT A THREE FOOT TALL CHAIN LINK FENCE, WHICH I MEAN, WE'RE TALKING ABOUT ESTHETICS HERE. WHAT HE HAS IS, IS, I MEAN, IN MY OPINION, IS FAR SUPERIOR THAN A CHAIN LINK FENCE. AND THEN TO, YOU KNOW, TO THE CHAIR'S POINT UP AND DOWN, EVEN THOUGH IT'S RESIDENTIAL, THIS IS BECOMING A COMMERCIAL CORRIDOR. I MEAN, BAGHDAD ROAD WAS ORIGINALLY A RESIDENTIAL CORRIDOR, BUT IT'S BECOMING A COMMERCIAL CORRIDOR. AND SO WE'RE GOING TO NEED TO ADDRESS THIS ONE WAY OR THE OTHER, ESPECIALLY UP AND DOWN THIS PARTICULAR CORRIDOR. SO I'D BE HAPPY TO, TO MAKE SOME SORT OF MOTION. I'M NOT QUITE SURE WHAT THE LANGUAGE NEEDS TO SAY FROM THE FENCING MATERIAL PERSPECTIVE, BUT MAYBE WE CAN DISCUSS THAT AND PROVIDE SOME GUIDANCE AND THEN SUBMIT THAT AS A AS A MOTION. I HAVE ANOTHER POINT. WASN'T THIS A CODE ENFORCEMENT ISSUE BECAUSE THEY THEY PUT THE FENCE UP WHILE IT WAS COMMERCIAL AND IT WASN'T ALLOWED. SO IT DID START AS A CODE ENFORCEMENT. IT STARTED AS CODE ENFORCEMENT. WE'VE HAD COURTESY INSPECTIONS OUT THERE. YOU KNOW, THERE'S THERE'S THAT TO CONSIDER IT IN THAT THAT THAT AREA IS BEGINNING TO DEVELOP. AND IT'S YOU KNOW, WE'RE TRYING TO I THINK WE'VE GOT A LOT OF THINGS ALONG THAT CORRIDOR THAT ARE KIND OF GRANDFATHERED IN AND SO FORTH. BUT GOING FORWARD, YOU KNOW, THEY'RE TRYING TO ENFORCE THE ORDINANCE. AND AND THAT'S WHAT THEY'RE TRYING TO DO HERE.
SO I JUST I JUST DON'T THINK THAT I'M THERE YET WHERE I CAN VOTE ON IT. I MEAN, I UNDERSTAND WHAT THEY'RE SAYING ABOUT THE FENCE, BUT WE NEED TO COME UP WITH SOMETHING THAT'S NOT A PERMANENT PART OF THE ZONING. IT IS. I GUESS I'M STILL STUCK ON THAT. OKAY. ANY OTHER DISCUSSION? DID YOU WANT TO MAKE A MOTION? MR. YEAH. I MEAN, I WOULD LIKE TO MAKE A JUST A MOTION TO APPROVE THE PUD WITH THE, I GUESS, RESTRICTION THAT ONCE AGAIN, THIS ONLY APPLIES TO IF IT'S A SCHOOL OR A DAYCARE BUSINESS IN THIS PARTICULAR AREA. AND THEN FOR MATERIAL, I MEAN, THAT'S WHERE I THINK EITHER SOMETHING THAT IS APPROVED WITH EITHER MASONRY, METAL OR WOOD. BUT THE PROPER HEIGHT THERE ARE, THERE ARE, YOU KNOW, BEAMS THAT DO EXTRUDE ABOVE, I THINK SIX FEET. SO THOSE DO NEED TO BE CUT AND TRIMMED. BUT AT THAT WOULD BE MY RECOMMENDATION FOR APPROVAL. SO AND SO YOU'VE MADE A MOTION BEFORE WE GET INTO SECONDS AND THINGS LIKE THAT. WOULD WE RATHER THAN LET STAFF HAVE A CHANCE TO WORK WITH THE APPLICANT AND FIGURE OUT SOME OF THESE THINGS SO WE CAN MAKE A CLEAN MOTION SO WE POSTPONE IT TO THE 11TH? ABSOLUTELY. IF IF THAT'S AN OPTION, I MEAN, WE'RE NOT WE'RE NOT STOPPING
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THE BUSINESS AND KEEPING IT FROM OPERATING. SO THERE'S NOT NECESSARILY NECESSARILY AN URGENCY I GUESS IS WHAT WE'RE GETTING AT HERE. RIGHT. THERE'S STILL THE CODE ENFORCEMENT ISSUE ISSUE. BUT BUT WE'RE WORKING THROUGH IT. WE'RE WORKING THROUGH IT. SO THEY'RE NOT SUBJECT TO ANY FINES OR ANYTHING ELSE THAT WE'RE BECAUSE WE'RE WORKING THROUGH IT. OKAY. AND THEN YEAH. SO YOU HAVE TO WITHDRAW YOUR MOTION AND I'LL WITHDRAW MY MOTION OKAY. THANK YOU. SO THEN I'LL MAKE A MOTION TO POSTPONE THIS TO OUR NEXT MEETING, WHICH WILL BE DECEMBER 11TH. JUST SO WE KNOW, WE'RE NOT HAVING 1 IN 2 WEEKS BECAUSE IT'S THANKSGIVING SECOND. SO WE HAVE A MOTION BY MYSELF AND SECONDED BY COMMISSIONER COATES. ALL THOSE IN FAVOR? ALL RIGHT. PASSES UNANIMOUSLY. WE'LL HEAR THIS ONE AGAIN. THANKS. AND AND SO, FOR MR. HUNT, DO YOU HAVE THE DIRECTION YOU KIND OF THE QUESTIONS AND EVERYTHING YOU HEARD FROM THE COMMISSION THAT YOU WORK WITH THE APPLICANT AND WE'RE GOING TO FIND A GOOD[18. Conduct a Public Hearing regarding Zoning Case Z-25-0198 to amend the current zoning of Interim SFR-1-B (Single Family Rural) to GC-3-B (General Commercial) on one (1) parcel of land approximately one (1) acre ± in size, more particularly described by Williamson Central Appraisal District Parcel R341531; and generally located east of CR 269, approximately 300 feet south of Hero Way, Leander, Williamson County, Texas.
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AGENDA ITEM 18 CONDUCT A PUBLIC HEARING REGARDING ZONING CASE Z DASH 20 5-10198 TO AMEND THE CURRENT ZONING OF INTERIM SFR ONE B SINGLE FAMILY RULE TO GC THREE B GENERAL COMMERCIAL ON ONE PARCEL OF LAND APPROXIMATELY ONE ACRE IN SIZE. MORE PARTICULARLY DESCRIBED BY WILLIAMSON CENTRAL APPRAISAL DISTRICT PARCEL R3 41531 AND GENERALLY LOCATED EAST OF COUNTY ROAD 269, APPROXIMATELY 300FT SOUTH OF HERO WAY, LEANDER, WILLIAMSON COUNTY, TEXAS. STAFF PRESENTATION. GOOD EVENING. MY NAME IS MARILEE VAN LEUVEN, AND I'M WITH THE PLANNING DEPARTMENT. THIS EVENING WE HAVE A ZONING CHANGE FOR ONE PARCEL OF LAND APPROXIMATELY ONE ACRE IN SIZE, LOCATED EAST OF KR 269 AND SOUTH OF HERO WAY. THE APPLICANT HAS SUBMITTED A REQUEST TO CHANGE THE ZONING DISTRICT OF THEIR PROPERTY TO SUPPORT A COMMERCIAL DEVELOPMENT WITH THE ADJACENT COMMERCIALLY ZONED PROPERTY TO THE EAST. THE SUBJECT PROPERTY IS ADJACENT TO HEAVY COMMERCIAL AND GENERAL COMMERCIAL ZONE PROPERTIES. THE KOA RV PARK IS LOCATED TO THE EAST, AND BRADY'S BRIDGE IS LOCATED TO THE NORTH. THERE IS AN ENGINEERING OFFICE TO THE NORTHWEST, AND SOME HEAVY INDUSTRIAL USES TO THE SOUTH. GOING THE WRONG WAY. SORRY ABOUT THAT. OKAY. I KNOW, ALL RIGHT, GET BACK ON TRACK HERE. THE CURRENT ZONING IS INTERIM SFR ONE B SINGLE FAMILY RURAL.
AS YOU MAY BE AWARE, ALL PROPERTIES ANNEXED TO THE CITY SHALL BE TEMPORARY, CLASSIFIED AS SFR ONE B, PENDING SUBSEQUENT ACTION BY THE COMMISSION AND COUNCIL FOR PERMANENT ZONING, AND THAT ANNEXATION WAS APPROVED IN OCTOBER 20TH OF 2010. THIS PROPERTY IS LOCATED WITHIN AN EMPLOYMENT CENTER, AS IDENTIFIED ON THE FUTURE LAND USE MAP. NEW NONRESIDENTIAL DEVELOPMENT WITH AN EMPLOYMENT CENTER SHOULD BE LOCATED ON AND TAKE ACCESS FROM A COLLECTOR OR GREATER. ROAD CLASSIFICATION. SUITABLE ZONING DESIGNATIONS INCLUDE GENERAL, COMMERCIAL. HEAVY. COMMERCIAL. LOCAL OFFICE. LOCAL COMMERCIAL AND PLANNED UNIT DEVELOPMENTS. THE PUBLIC NOTIFICATION PROCESS INCLUDED THE CITY NOTIFYING ALL PROPERTY OWNERS WITHIN 200FT. THE AGENT NOTIFIED PROPERTY OWNERS WITHIN 500FT VIA CERTIFIED MAIL SENT OUT SEPTEMBER 9TH, 2025. NO CONCERNS WERE EXPRESSED BY THE ADJACENT PROPERTY OWNERS, AND THAT FULL REPORT FROM THE APPLICANT IS ATTACHED AS EXHIBIT EIGHT. THE PROPOSED ZONING IS GC THREE B OR GENERAL COMMERCIAL. THE GC USE COMPONENT IS INTENDED FOR DEVELOPMENT OF SMALL TO LARGE SCALE COMMERCIAL, RETAIL AND COMMERCIAL SERVICE. USES. THE TYPE THREE SITE COMPONENT ALLOWS FOR THE UTILIZATION OF THE OUTDOOR SITE AREA FOR OUTDOOR FUEL SALES, LIMITED OUTDOOR DISPLAY, OUTDOOR STORAGE OR ACCESSORY BUILDINGS, AND THE TYPE B ARCHITECTURAL COMPONENT IS INTENDED TO HELP PROVIDE FOR HARMONIOUS LAND USE.
TRANSITIONS. AS PART OF THE EVALUATION OF THIS REQUEST, THE CITY COUNCIL HAS THE FOLLOWING OPTIONS. OPTION ONE IS TO APPROVE THE ZONING CHANGE. OPTION TWO IS TO DENY THE
[01:20:07]
PROPOSED ZONING CHANGE, AND OPTION THREE IS TO APPROVE AN ALTERNATIVE ZONING THAT MAY INCLUDE MODIFICATION TO THE USE SITE OR ARCHITECTURAL COMPONENT. STAFF RECOMMENDS OPTION ONE APPROVE THE PROPOSED ZONING CHANGE TO REZONE THE PROPERTY TO GC THREE B AND STAFF MADE THIS RECOMMENDATION BASED ON COMPATIBILITY WITH THE EMPLOYMENT CENTER AND THE ADJACENT LAND USES. AND I'LL BE AVAILABLE FOR QUESTIONS AFTER THE PUBLIC HEARING. AND I BELIEVE THE APPLICANT CAN THIS THE APPLICANT IS HERE AS WELL. IS THERE APPLICANT PRESENTATION? YES. GIVE US JUST A MOMENT. AWESOME. THANK. YOU. WORK OKAY. THANK YOU. GOOD EVENING COMMISSIONERS. MY NAME IS DIANE BERNAL AND I'M THE APPLICANT. ON BEHALF OF THE PROPERTY OWNERS WISHING TO REZONE THIS ONE ACRE PARCEL INTO G3B ZONING TO MATCH THE ADJACENT CONTIGUOUS PARCEL THAT THEY ALSO OWN. I JUST WANT MY PRESENTATION WAS VERY SIMILAR TO WHAT YOU JUST HEARD. SO I JUST WANTED TO POINT OUT THAT I DID GET COMMUNICATION WITH ONE OF THE ADJACENT PROPERTY OWNERS WHO REACHED OUT TO ME, AND I HAVE SINCE PUT HER IN TOUCH WITH THE PROPERTY OWNER TO DISCUSS ANY FUTURE COLLABORATION THAT THEY MIGHT HAVE WITH THE. THE MISS MARY IS THE OWNER OF THE KOA PROPERTY ADJACENT TO US, AND AND SHE REACHED OUT TO ME AND JUST HAD A FEW QUESTIONS FOR ME DIRECTLY. BUT OVERALL, SHE WAS IN SUPPORT OF THE PROPOSED ZONING REQUEST, AND I AM AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE RELATED TO BOTH THE FUTURE DEVELOPMENT AND THIS ZONING REQUEST. GREAT. THANKS, MISS BRUNO. SURE. OKAY. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING. I DON'T HAVE ANYONE SIGNED UP. IS THERE ANYONE HERE WISHING TO SPEAK ON THIS ITEM? YES, MA'AM. COME ON UP. YOU'LL HAVE. PLEASE STATE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES TO SPEAK. AND AFTERWARDS, PLEASE GRAB A CARD SO WE CAN MAKE SURE WE HAVE YOUR NAME RIGHT. FOR THE RECORD. RIGHT. HELLO. MY NAME IS GINA COWER. I REPRESENT THE PROPERTY OWNER AT 1551 COUNTY ROAD 269. IT'S THE PROPERTY IMMEDIATELY SOUTH OF THIS PROPERTY. IT'S A SINGLE FAMILY RESIDENCE. AND, YOU KNOW, WE'RE SUPPORTIVE OF THE COMMERCIAL USE. IT'S JUST WE HAVE SOME CONCERNS ABOUT WHAT TYPE OF COMMERCIAL IS IT GOING TO BE? A RESTAURANT THAT IS OPEN LATE AT NIGHT, YOU KNOW, THAT WOULD CAUSE PROBLEMS WITH THE RESIDENTS THAT LIVE THERE. AND THEN THE OTHER QUESTION IS ABOUT THE PRIVACY CONCERN. THIS BUILDING, TOO, IS, YOU KNOW, ONLY A TEN FOOT DISTANCE FROM THE OTHER PROPERTY. AND, YOU KNOW, IF THEY'RE HAVING, YOU KNOW, SOMETHING THAT'S OPEN LATE AT NIGHT, IT'S THE PRIVACY CONCERN WITH OUR PROPERTY IS ONE OF THE BIG CONCERNS. IF WE CAN HAVE SOME TYPE OF FENCING OR IF, IF WE COULD BE ALLOWED TO BUILD A FENCE. THOSE ARE SOME OF OUR MAIN QUESTIONS. OKAY, GREAT. THANK YOU. MA'AM. IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS? YES, SIR. SIR, PLEASE STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES. AND ONCE AGAIN, PLEASE GRAB A CARD AFTERWARDS SO THAT YOU CAN FILL THAT OUT FOR US.I'M ACTUALLY. I REPRESENT THE OWNERS. I'M ONE OF THE OWNERS. SO SORRY WE DIDN'T COMMUNICATE.
SO? SO, YEAH, IT WILL BE A WHAT WE'RE TRYING TO DO IS THIS WILL COMMUNICATE WITH THE ADJACENT THREE ACRE PROPERTY WHICH I MENTIONED. SO THERE WILL BE A COMBINATION OF THE EXPECTED THE GENERAL COMMERCIAL WHICH IS OFFICE SPACE, RETAIL AND MAYBE SOME RESTAURANT SPACES. BUT I THINK IT'S TOO EARLY TO HAVE THAT CONVERSATION BECAUSE IT DEPENDS ON WHAT TENANTS WE CAN RECRUIT. SO YEAH, WE'LL, YOU KNOW, MAINTAIN WHATEVER IS NEEDED REGARDING THE SETBACKS AND THINGS LIKE THAT. BUT I THINK THAT WILL COME IN THE SITE DEVELOPMENT PERMIT, YOU KNOW, STAGE. THAT'S ALL. OKAY. THANK YOU SIR. ALL RIGHT. ANY QUESTIONS IN ANY ANY OTHER COMMENTS OKAY. SO I WILL CLOSE THE PUBLIC HEARING AND I'LL OPEN IT UP FOR DISCUSSION. AND WE'LL START WITH COMMISSIONER BRAY. THANK YOU. I HAVE NO QUESTIONS FOR ME OKAY. VICE CHAIR, NO QUESTIONS FOR ME, MR. OLIVER. NO QUESTIONS. I'M GOOD, COMMISSIONER COATES. NO
[01:25:03]
QUESTIONS FOR ME, COMMISSIONER LEWIS. NO QUESTIONS FOR ME AND COMMISSIONER MORALES. YEAH. I GUESS THE ONLY THING I HEARD WAS RESIDENTIAL WITH THE CURRENT LOT TO THE SOUTH IS CURRENTLY ZONED COMMERCIAL. CORRECT. SO, YES. AND THERE'S NO OTHER QUESTIONS. OKAY, SO I DON'T HAVE ANY QUESTIONS. I'LL JUST MAKE A STATEMENT HERE, YOU KNOW, ADDRESSING SOME OF THE CONCERNS FROM THE RESIDENT THAT'S GOING TO BE TO THE SOUTH PROPERTY. ANYTIME THAT WE ALLOW FOR DEVELOPMENT. THERE ARE OUR CODE OF ORDINANCES. SO THEY'RE GOING TO HAVE TO MEET THOSE, WHICH INCLUDES SETBACK REQUIREMENTS, FENCING TYPE AND HEIGHT, ETCETERA, SO THAT WE KEEP THAT SEPARATE. HOWEVER, FOR ME THIS ONE IS A LITTLE BIT EASIER BECAUSE IT'S IN THE EMPLOYMENT CENTER. YOU KNOW, THE GC, IT'S A STRAIGHT ZONING. IT'S A IT'S PRETTY CUT AND DRY THAT'S ALLOWED IN THE SPACE. SO IT'S AN ACCEPTABLE USE FOR THE SPACE. SO WITH THAT THIS DOES ANYONE HAVE A MOTION MOTION TO APPROVE. SECOND. SO I HAVE A MOTION TO APPROVE BY THE VICE[19. Conduct a Public Hearing regarding Special Use Case Z-24-0122 to consider action on a Special Use Permit to allow for a Mobile Food Establishment Park on one (1) parcel of land approximately 0.54 acres ± in size, more particularly described by Williamson Central Appraisal District Parcel R035495; and generally located at 703 Crystal Falls Parkway, Leander, Williamson County, Texas.
]
THE PROPOSED SITE IS ADJACENT TO EXCUSE ME, TO THE HIGH CHAPARRAL SUBDIVISION TO THE NORTH, AND THE APPLICANT IS REQUESTING A WAIVER FROM THE DISTANCE REQUIREMENTS WITHIN THE TIME PERIOD OF THE SP. SO KIND OF SET THE SCENE FOR YOU. THE CURRENT ZONING IS GC THREE C. HERE'S THE AERIAL WITH THE USES. THIS PARCEL RIGHT HERE IS COMMERCIAL I THINK IT'S LOCAL OFFICE. DOUBLE CHECK. YES LOCAL OFFICE. IT HAS A RESIDENTIAL HOME ON IT TODAY. I BELIEVE THE PROPERTY OWNER OF THIS PARCEL OWNS THIS PARCEL AS WELL. SO THERE MIGHT BE SOME FUTURE NEED.
MAYBE THEY'LL COVER IT IN THE IN THEIR POWERPOINT. THE CLOSEST RESIDENTIAL HOME IS THIS HOME TO THE NORTH. JUST TO KIND OF SET IT FOR YOU. THIS PROPERTY IS LOCATED AT 703 CRYSTAL FALLS PARKWAY, AND INCLUDES ABOUT HALF AN ACRE. PUBLIC NOTICES WERE MAILED OUT
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ON BEHALF OF THE CITY TO PROPERTY OWNERS THAT FELL WITHIN 200FT OF THE SUBJECT PROPERTY, THE DEVELOPER ALSO MAILED OUT THE 500 FOOT NOTICES AS WELL. THOSE WERE IN YOUR PACKET AS ITEM NUMBER SIX. AS PART OF THE EVALUATION PROCESS OF THIS REQUEST, THE PLANNING AND ZONING COMMISSION HAS THE FOLLOWING OPTIONS. OPTION ONE TO APPROVE THE PROPOSED SP.OPTION TWO DENY THE PROPOSED SP OR OPTION THREE APPROVE THE SPECIAL USE PERMIT WITH MODIFICATIONS TO THE REQUEST, SUCH AS ADJUSTING THE DISTANCE REQUIREMENT TO BE MEASURED FROM THE PROPERTY LINE. RESIDENTIALLY ZONED WEIGHT TO ADJUST THE DISTANCE REQUIREMENT TO BE MEASURED FROM THE PROPERTY LINE RESIDENTIALLY ZONED OR THE DWELLING UNIT, SO MODIFICATION TO THE DISTANCE MEASUREMENT STAFF MAKE. STAFF HAS TO RECOMMEND OPTION NUMBER TWO. THE DENIAL IS BASED ON THE REQUEST BECAUSE IT DOESN'T MEET THE 150 FOOT DISTANCE REQUIREMENT FROM THE NORTH RESIDENTIAL HOME, AS DEFINED BY THE ZONING ORDINANCE. AGAIN, STAFF IS HERE TO ANSWER ANY OF YOUR QUESTIONS. I IMAGINE THERE MIGHT BE SOME AFTER THE APPLICANT'S PRESENTATION AND PUBLIC HEARING. THANK YOU. OKAY. THIS. APPLICANT PRESENTATION WILL HIGHLIGHT THAT. OKAY. GOT IT. PERFECT. GOOD EVENING, CITY COUNCIL AND STAFF. MY NAME IS LAUREN HENRY. I REPRESENT EMERICK CORPORATION. WE ARE STRUCTURAL ENGINEERING AND A CUSTOM HOME BUILDING COMPANY. AND IN ADDITION TO THIS, WE DESIGN AND CONSTRUCT. IN ADDITION TO DESIGN AND CONSTRUCTION, A LARGE PART OF WHAT WE DO IS HELPING OUR CLIENTS WITH THE PERMITTING PROCESS FOR BOTH RESIDENTIAL AND COMMERCIAL DEVELOPMENTS. SO YES, HERE IS OUR SITE PLAN. I'M HERE TO PRESENT OUR PROPOSED FOOD TRUCK DEVELOPMENT. WE BELIEVE IT WILL BRING A GREAT FOOD, SENSE OF COMMUNITY AND SPACE FOR RESIDENTS AND VISITORS TO GATHER, SUPPORT OUR LOCAL VENDORS, AND ENJOY TIME SPENT TOGETHER. HEY YEAH, THIS WAS THE SITE PLAN, SO OOPS. OKAY, YEAH, WE HAVE OUR. OH. I'M SORRY. HOLD IT. OKAY. THERE WE GO. YEAH. SO HERE ARE TWO FOOD TRUCKS HERE. FIVE SPOTS, EIGHT PARKING SPOTS. TOTAL OF 13. RIGHT. I'M SORRY. HERE IS OUR SEATING AREA. DUMPSTER AND RESTROOMS AS WELL. SO PRETTY LARGE SPACE. THE LOT ITSELF. THE DISTANCE IS ONE OF OUR MAJOR ISSUES HERE. I'D LIKE TO POINT OUT WHAT COREY SAID, THAT THIS IS CURRENTLY BEING USED, OR IT IS CURRENTLY ZONED AS THE LOCAL OFFICE FOR SO THAT IF IN THE FUTURE, IF IT WERE TO DEVELOP COMMERCIALLY, IT COULD SERVE AS A NATURAL BUFFER BETWEEN OUR FOOD TRUCKS AND THE NEIGHBORING RESIDENTIAL AREA.
SO IT HELPS WITH THE CONCERNS FOR PROXIMITY, ENSURES THAT THE COMMUNITY REMAINS COMFORTABLE WITH OUR DEVELOPMENT. SO YES, IT'S KIND OF WANT TO WIN THAT WE BELIEVE IT WILL SUPPORT THE COMMUNITY WITH THESE FOUR REASONS. SUPPORTING OUR LOCAL. I'M SORRY. OUR OPERATING HOURS WILL BE SUNDAY THROUGH THURSDAY, 11 A.M. TO 9 P.M. FRIDAY AND SATURDAY 11 A.M. TO 10 P.M.
WITH NO LATE NIGHT OPERATIONS. AGAIN, THAT DISTANCE WAS OUR MAIN CONCERN. THE FOOD TRUCKS ARE 70FT FROM THE NEAREST RESIDENCE. THE AREA IS 100FT FROM THE NEAREST RESIDENCE, AND THAT WAS SUPPOSED TO SAY 150FT. SORRY. THE CITY'S PREFERRED DISTANCE IS 150FT, BUT WE BELIEVE THAT THIS IS LOW IMPACT, LOW DISRUPTIONS. NO AMPLIFIED MUSIC AND LOUDSPEAKERS, QUIET MODERN GENERATOR SYSTEMS. AND WE WILL GIVE THE NEIGHBOR TO DIRECTLY NEXT TO US THE OPTION TO BUILD A SIX FOOT WOODEN PRIVACY FENCE SHOULD THEY WANT THAT. AND WE WOULD WORK WITH THEM ON THE DESIGN AND CONSTRUCTION OF IT. OUR LIGHTING WILL ALL BE DOWNWARD FACING NOTHING, YOU KNOW, NO LIGHT SPILL OVER, EVERYTHING WILL BE SHIELDED AND THE FENCING AND LANDSCAPING WILL, YOU KNOW, ENHANCE THE CURB APPEAL. WE WILL HAVE ON SITE MANAGEMENT TO DO THE CLEANLINESS, CLEANLINESS AND KEEP THE ORDER OF THE LOT. THEY WILL SECURE THE TRASH ENCLOSURES AND THEY WILL HAVE DAILY CLEANUPS THAT THEY DO. SO YES, WE REPRESENT A BALANCED, THOUGHTFUL USE OF THE PROPERTY AND WE WANTED TO ADD COMMUNITY VALUE TO IT. SO WE HOPE YOU GUYS CAN SEE IT AS WE DO. WE'RE COMMITTED TO BEING GOOD
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NEIGHBORS AND WELCOMING REASONABLE CITY CONDITIONS TO ENSURE OUR CONTINUED COOPERATION WITH YOUR CITY. SO THANK YOU. THANK YOU. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING. IS THERE. I DON'T HAVE ANYONE SIGNED UP. IS THERE ANYONE WISHING TO SPEAK ON THIS ITEM? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND ENTER INTO DISCUSSION, COMMISSIONER MORALES. YEAH, I'M LIKE LIKE GATHERING SPOTS. I AM A LITTLE CONCERNED WITH HOW CLOSE IT IS TO THE RESIDENTIAL AREA. IS THERE ANY TIME LIMITS ON THE SPECIAL USE PERMITS OR HAVE YOU LIKE TEN YEARS, I BELIEVE FIVE YEARS. FIVE YEARS? OKAY. YEAH, I HAVE MIXED FEELINGS. I DEFINITELY ENJOY HAVING MORE AMENITIES, GATHERING SPOTS IN THE AREA, PLACES FOR PEOPLE TO MEET, BUT PROXIMITY TO THE NEIGHBOR. IN THIS DIAGRAM, CRYSTAL FALLS IS TO THE RIGHT.IS THAT CORRECT OR CRYSTAL. YEAH. SO THE MAIN ENTRANCE WILL BE OFF OF THE SIDE ROOM. CARE.
ALTO. YEAH OKAY. NO OTHER QUESTIONS FROM COMMISSIONER LEWIS. THAT'S KIND OF WHERE I AM WITH IT AS WELL. IS THE PROXIMITY OF SOME OF THE HOUSES THAT IT LOOKS LIKE ARE RIGHT THERE, LIKE ACROSS THE STREET AND NEXT DOOR. I'M LIKE, OH, THAT'S I DO LIKE I MEAN, I'M THINKING AS WELL, WELL, THAT WOULD BE KIND OF NEAT TO BE ABLE TO JUST RUN ACROSS AND JUST WALK DOWN THE STREET. BUT THAT'S MY BIGGEST CONCERN IS WHAT THE NEIGHBORS REALLY FEEL ABOUT THAT. COMMISSIONER COATES, YES, THANK YOU FOR YOUR PRESENTATION. AND ABSOLUTELY I SHARE THE SAME CONCERNS AS MY COLLEAGUES HERE. ALSO, WITH IT BEING SO CLOSE, POTENTIAL NOISE ORDINANCE WITH LOUD GENERATORS AND THINGS OF THAT NATURE FROM HOUSES THAT ARE IN CLOSE PROXIMITY. BUT EXCELLENT PRESENTATION THOUGH. OKAY, COMMISSIONER OLIVER. YEAH. MR. DALE, WHAT IS OUR ORDINANCE SAY ABOUT RESTAURANTS ON GENERAL COMMERCIAL IN THIS AREA? WHAT'S THE IS THERE A BUFFER OR DISTANCE THAT THEY REQUIRE TO BE WITHIN RESIDENTIAL? IS IT 150FT OR IS THERE NO DISTANCE FOR RESTAURANTS IF THE ZONING IS CORRECT, BECAUSE IT'S ZONED GENERAL COMMERCIAL NOW, WHICH MEANS IT ALLOWS FOR RESTAURANTS, BARS, NIGHTCLUBS. YOU COULD PUT A, YOU KNOW, CONVENIENCE STORE THERE AS WELL. AND THERE'S ALREADY CONVENIENCE STORES DOWN THE STREET. I'M JUST TRYING TO FIGURE OUT WHAT LIKE IS IT SPECIFIC TO FOOD TRUCKS THAT IT HAS TO BE WITH 150FT? OKAY. YES, SIR. SO THAT THAT THAT'S THE STIPULATION. JUST FOOD TRUCKS, ESPECIALLY THE OUTDOOR COMPONENT THAT GOES WITH THE FOOD TRUCK, THE OUTDOOR COMPONENT OF IT. RIGHT. SO WHAT ABOUT THE OUTDOOR COMPONENT IS THE CONCERN. IS IT IS IT IS IT POSSIBLY LIKE IS IT BECAUSE IT'S LIKE A, LIKE AN OUTDOOR GATHERING SPACE. IT MIGHT BE TOO MUCH NOISE OR SMELLS. MAYBE GENERATOR SOUNDS FROM THE FOOD TRUCKS. BUT I COULD PUT I COULD PUT A CONVENIENCE STORE THERE THAT HAS DUMPSTERS THAT SMELL EQUALLY, I COULD PUT A RESTAURANT THERE THAT HAS DUMPSTERS THAT SMELL EQUALLY. I'M JUST TRYING TO UNDERSTAND IF THERE'S REALLY THAT BIG OF A CONCERN, ESPECIALLY ONCE AGAIN, WE'RE NOW ON A MAJOR, YOU KNOW, COMMERCIAL CORRIDOR, CRYSTAL FALLS, WHICH IS PROBABLY ONE OF OUR MOST WIDELY USED EAST WEST ARTERIES IN THE CITY. AND I'M JUST TRYING TO THINK LIKE MAYBE SOME OF THE THOUGHT WAS. EVENTS, MAYBE LOUD MUSIC, THINGS LIKE THAT. WELL, THEY JUST SAID THERE'S NO MUSIC THAT'S GOING TO BE AMPLIFIED MUSIC ON THERE. SO I MEAN, WE COULD CERTAINLY MAKE THAT STIPULATION, I GUESS, ESPECIALLY AS PERMIT THAT NO AMPLIFIED MUSIC WOULD BE ALLOWED. SO THAT WOULD LIMIT THAT PIECE OF IT. IS IT THE DISTANCE MEASURED FROM THE FOOD TRUCK TO THE LOCKS? I MEAN, I'M ASSUMING THESE ARE, I'M GUESSING 50 FOOT WIDE LOTS, AND THE FOOD TRUCKS ARE ACTUALLY ON THAT FENCE LINE. SO THEN BETWEEN THAT AND THE THE PROPERTY, THAT'S LOCAL OFFICE BEHIND IT, THEN THE RESIDENTIAL BEHIND THAT WOULD BE ABOUT 70FT, 55, 70FT, SOMETHING LIKE THAT.
I HAVE SOMETHING FOR YOU. YEAH. HANG ON ONE MOMENT. SO THE THE MEASUREMENT PER THE CODE IS.
LET'S SEE. 150FT FROM THE PROPERTY LINE OF THE DWELLING UNIT TO THE CLOSEST POINT OF THE MOBILE FOOD TRUCK. SO THE SITE PLAN EXHIBIT THAT YOU'RE LOOKING HERE. THE FOOD TRUCKS ARE 12.7FT INTO THE PROPERTY. SO I ASK OUR GIS DEPARTMENT ONE MOMENT. AND I GOTTA FIND IT.
I'M GOING TO GUESS ABOUT 67FT, GIVE OR TAKE. BUT AND THAT WAS NOT THE MEANT TO BE A JOKE, BY THE WAY. THAT'S A REAL ESTIMATE. I REALLY DID NOT INTEND THAT, BUT APPARENTLY IT'S BEEN ON MY MIND. ALL RIGHT, LET ME SEE IF I CAN FIND IT REAL QUICK. AND WHILE YOU'RE LOOKING THAT UP.
SO QUESTION WHY WOULD WE? SO LET'S JUST ASSUME FOR A MOMENT HERE THAT THE FOOD TRUCK, BEING
[01:40:04]
12FT FROM THE PROPERTY LINE, WHY WOULD WE NOT MOVE THOSE ACROSS THE PROPERTY BE MORE CLOSER TO CRYSTAL FALLS INSTEAD TO INCREASE THE DISTANCE THEY CAN MOVE IT? YEP, THEY CAN MOVE THAT. OKAY. IS THERE A REASON WHY? IS THERE A REASON WHY YOU PUT THEM ON THERE? OR IS IT JUST I CAN'T GO BACK TO MY IT'S OKAY. I MEAN I CAN I CAN SEE YOUR EXHIBIT IN HERE. I THINK IT WAS SOMETHING WITH THE SEWAGE LINES AND THE RESTROOMS WHERE THE RESTROOMS NEEDED TO BE. I KNOW WE'VE MESSED WITH THAT LAYOUT A LOT. PROXIMITY WITH. OKAY. YEAH. AND THIS WAS WHAT WAS WOULD WORK WITH THE LINES AND EVERYTHING, BUT BUT I DON'T THINK HE WAS ASKING TO MOVE THE RESTROOMS. I THINK HE WAS REALLY THINKING ABOUT FLIPPING THE SEATING AREA AND THE FOOD TRUCK FOOD TRUCKS. RIGHT. BECAUSE THAT JUST MOVES IT ACROSS THE, THE DRIVEWAY.AND SO IT GIVES, YOU KNOW, ANOTHER 30 FOOT OF SPACE AND THE FOOD TRUCK BEING THE CONCERN, THE PAVILION ITSELF AND THE RESTROOMS. I MEAN, I DON'T THINK THAT'S THE ISSUE.
THE ISSUE IS THAT THE ACTUAL THE LOCATION OF THE FOOD TRUCK. SO I WOULD NOT MOVE THAT ACROSS THE PROPERTY CLOSER TO CRYSTAL FALLS INSTEAD OF PUTTING IT ON THE PROPERTY LINE WHERE IT'S CLOSER TO THAT ACTUAL RESIDENTIAL LOT, THAT'S ABOUT 60 SOMETHING FEET, I WILL HAVE TO GET WITH THEM AND FIND OUT WHY YOU. THAT'S A GREAT IDEA, CASTILLO. I THINK THE LOT ITSELF IS ONLY ABOUT 100FT WIDE, SO EVEN IF YOU DID MOVE IT, IT STILL WOULDN'T MEET THE 150FT.
SO YOU WOULD STILL NEED TO COME UP WITH SOMETHING THAT WOULD WAIVE THE REQUIREMENT OF 150FT.
OKAY, BUT BACK TO MY ORIGINAL QUESTION ABOUT A RESTAURANT OR A BAR OR SURE, YOU HAVE THE AUTHORITY TO GO AHEAD AND GRANT IT WITH THE SPECIAL USE PERMIT, BUT IT WOULD NEED TO BE PART OF THE SPECIAL USE PERMIT. I'M JUST SAYING, LIKE IF YOU PUT A RESTAURANT THERE, A PHYSICAL BRICK AND MORTAR STRUCTURE, IT'S NOT UNDER THE SAME REQUIREMENT THAT IT HAS TO BE 150FT FROM. RIGHT? IT'S BECAUSE IT'S A FOOD TRUCK. BECAUSE IT BECAUSE IT'S A FOOD TRUCK.
THAT'S WHAT I'M GETTING. OKAY. GOT IT. AND THEN THERE WAS ALSO A NOTE THAT I THINK WAS IT WAS IT YOU, MISS HENRY, THAT MENTIONED THAT THIS MAY BE UP TO TEN FOOD TRUCKS TO THE RESIDENTS? WE ORIGINALLY PROPOSED TEN, BUT DUE TO PARKING LIMITATIONS, WE COULDN'T, YOU KNOW, HAVE ENOUGH PARKING SPOTS FOR TEN TRUCKS. BUT WE COULD HAVE ENOUGH FOR TWO. HAVE ENOUGH FOR TWO. OKAY. ALL RIGHT. DID YOU HAVE AN ANSWER? YES. SO GIS CREATED THIS MAP. SO IF YOU WANTED TO LOOK AT A THIRD OPTION, WHAT THIS IS SHOWING YOU, I DON'T KNOW IF YOU CAN SEE IT BECAUSE OF THE SIZE. THIS IS THE MEASUREMENT RIGHT HERE. SO THIS LINE IS THE 12.7 FOR THE THE TWO FOOD TRUCKS WOULD BE. AND THIS DISTANCE MEASURE WE DID TWO SEPARATE WAYS. SO ONE WAS DOING THE FOOD TRUCK MEASUREMENT TO THE PROPERTY LINE. AND THAT WAS 99.2FT 99. THAT'S THIS FIRST LINE RIGHT HERE. THE SECOND MEASUREMENT WAS FROM THE FOOD TRUCK TO THE CORNER OF THE HOUSE. SO THE CLOSEST POINT OF THE HOUSE AND THAT WAS 119FT. AND THAT IS REPRESENTED BY THIS LINE TOO. SO YOU COULD ENTERTAIN A THIRD OPTION TO ADJUST THAT 150FT TO EITHER 119FT OR THE 99.2FT. YEAH, TO MAKE SURE THAT THEY WOULD. ANYWAY, SOME THINGS TO THINK ABOUT. OKAY. YEAH. YEAH I'M GOOD. THANKS FOR NOW. ALL RIGHT. VICE CHAIR OKAY. AND JUST A COMMENT ABOUT THE DIFFERENCE BETWEEN A RESTAURANT AND A FOOD TRUCK. IN MY OPINION, SOME OF THE NOISES ARE CONTAINED WITHIN THE BUILDING.
SOME OF THE ODORS ARE CONTAINED WITHIN THE BUILDINGS, SOME ARE OUTSIDE. BUT IN A FOOD TRUCK SITUATION THAT'S MORE OPEN, I THINK YOU DO GET MORE NOISE INTO THE ADJACENT NEIGHBORHOOD THAN YOU WOULD WITH RESTAURANT. THAT'S JUST MY OPINION. BUT THAT WAS ALWAYS MY UNDERSTANDING WHY, YOU KNOW, THE RULES WERE A LITTLE BIT STRICTER, NOT JUST BECAUSE THEY MIGHT, YOU KNOW, HAVE GATHERINGS OUTDOORS, BUT BUT THE NOISE DOES CARRY IF IT'S NOT WITHIN WALLS A LITTLE BIT MORE, YOU KNOW, JUST IT CARRIES A LITTLE BIT MORE. I THINK IT LOOKS LIKE A GREAT PROJECT IN THE WRONG AREA. IT'S JUST TOO CLOSE TO THE NEIGHBORHOOD. I'M NOT FOR GRANTING A VARIANCE FROM THE 150FT. THAT'S ALL, COMMISSIONER BRAY. NO QUESTIONS FOR ME, OKAY? AND I'M NOT SAYING I'M FOR THE FLIPPING BECAUSE I HAVE AN ISSUE WITH THE ESTHETICS OF THE BACK OF THE FOOD TRUCK BEING UP AGAINST CRYSTAL FALLS PARKWAY AS WELL.
LIKE WHEN YOU THINK ABOUT THAT FROM A JUST LAYOUT AND DESIGN PERSPECTIVE, I GET WHAT YOU WERE SAYING. HOWEVER, YOU KNOW, PART OF THE THIRD OPTION COULD BE 150FT FROM THE RESIDENTS TO THE STRUCTURE, WHICH COULD BE MET BY MOVING IT TO THE OTHER SIDE, COULD BE POTENTIALLY MET BY MOVING IT TO THE OTHER SIDE. GIVEN THAT FROM THE CORNER OF THE RESIDENCE WAS ALMOST 130FT OR ALMOST 120FT, AND THEN PUT IT ACROSS THE THE THE PARKING LOT THERE OR THE DRIVEWAY THERE COULD GIVE THAT EXTRA 30FT. SO, I MEAN, WE COULD MAKE THAT ADJUSTMENT AS WELL. AGAIN, I'M NOT NECESSARILY SAYING I'M FOR THAT, BUT THAT COULD BE AN OPTION. I ALSO WANTED TO POINT
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OUT THAT THE SPECIAL USE PERMIT, THAT ALL OF THE RESTRICTIONS THAT YOU HAD IN YOUR PRESENTATION WAS WONDERFUL. NONE OF THEM ARE IN THE SPECIAL USE PERMIT, WHICH MEANS THAT YOU'RE NOT YOU DON'T HAVE TO ABIDE BY ANY OF THAT. SO IF WE WANTED TO, IF WE LIKED THOSE TYPES OF THINGS ABOUT THE LIGHTING ET-CETERA THE THE NO, NO, NO MUSIC, ETCETERA, WE NEED TO MAKE SURE THAT THAT GETS PUT INTO THE SPECIAL USE PERMIT AS WELL, BECAUSE IT'S NOT IN THERE CURRENTLY. SO WE WOULD NEED TO ADJUST THAT FOR THAT. SO I JUST WANTED TO MAKE SURE THAT THE COMMISSION UNDERSTOOD. YOU KNOW WHAT WE'RE TALKING ABOUT HERE. YEAH. AND I WAS GOING TO ALSO POINT OUT THAT GIVEN YOUR POINT ABOUT THE FOOD TRUCKS FACING THE STREET WAY, THERE'S ALSO THE OLEANDER TRUCKING COMPANY. I DON'T KNOW WHAT IT'S CALLED NOW, BUT IT USED TO BE OLEANDER TRUCK COMPANY THAT BACKS UP TO BAGHDAD. VERY SIMILAR DEVELOPMENT, HAS A DEDICATED PAVILION, MULTIPLE FOOD TRUCKS THAT JUST BACK DIRECTLY UP TO BAGHDAD. SO AND THERE'S THERE'S SOME RESIDENTIAL AND OTHER AREAS AROUND IT. AND I KNOW I'VE EATEN THERE BEFORE AS WELL, BUT NONETHELESS, IT'S JUST ANOTHER EXAMPLE OF SOMETHING THAT'S SIMILAR TO WHAT THEY'RE PROPOSING THAT WE'VE ALLOWED THAT'S ACTUALLY BACKING UP TO BAGHDAD NEAR RESIDENTIAL. SO I DO AGREE THAT IF WE DO MAKE A MOTION TO APPROVE THIS, WE SHOULD INCREASE THE STANDARDS THAT WERE POINTED OUT WITH NO OUTDOOR AMPLIFIED MUSIC AND THE LIGHTING RESTRICTIONS. BUT THAT'S THAT'S MY FINAL COMMENT. SO ANY OTHER DISCUSSION? YEAH, I THINK THE ONE THING WE ALSO NEED TO CONSIDER IS CRYSTAL FALLS IS A MAJOR ARTERY. I THINK WE KIND OF DABBLED AROUND IT. IF YOU LOOK AT THE COMPREHENSIVE PLAN, THIS IS THE MAIN THOROUGHFARE COMMERCIAL BUSINESS. EVEN THOUGH IT IS RIGHT NEXT TO RESIDENTIAL. THE LONG TERM PLAN IS THAT MAJOR ARTERIES HAVE COMMERCIAL BUSINESSES. SO THAT'S IT. OKAY. THIS IS AN ACTION ITEM. I'LL MAKE A MOTION TO APPROVE AND APPROVE IT WITH THE HIGHER STANDARDS THAT WERE BROUGHT UP WITH NO OUTDOOR AMPLIFIED MUSIC. AND THEN THE SHADED LIGHTING I THINK WAS ANOTHER ONE. WAS THERE A THIRD ONE? I THINK YOU COULD JUST SAY THE, THE AMPLIFIED STANDARDS THAT THAT THE APPLICANT PUT IN THEIR PRESENTATION, BECAUSE THAT'S EASY. EASY ENOUGH AND EASY ENOUGH TO FOLLOW AND FIND THAT WE'RE PRESENTED. SO WE'LL WE'LL GO THROUGH THOSE AND MAKE SURE THEY ALL CAN BE PART OF A SPECIAL USE PERMIT. YES. YEAH. NO THAT'S FAIR. AND WHAT ABOUT THE DISTANCE REQUIREMENTS. DO YOU WANT TO MAKE ANY ADJUSTMENTS TO THAT. YEAH I WOULD I WOULD REDUCE IT DOWN TO 99.2. THAT'S THE MINIMUM ONE OKAY. AND IT'S A FIVE YEAR PERMIT. SO MOTION A SECOND. SO WE HAVE A MOTION BY COMMISSIONER OLIVER AND SECONDED BY COMMISSIONER MORALES. AND JUST SO WE KNOW THE IT, IT MEANS THAT AS, AS DESIGNED AS WE HAVE IN OUR PACKET, THAT'S WHAT THEY COULD BUILD WITH THE RESTRICTIONS THAT THE APPLICANT TALKED ABOUT, AS LONG AS THEY'RE ALLOWED TO BE PUT IN THE SPECIAL USE PERMIT. AS MISS GRIFFIN TALKED ABOUT. BUT THAT'S WHAT THE MOTION IS. SO ALL THOSE IN FAVOR? OKAY. ALL THOSE OPPOSED OKAY. SO THE MOTION PASSES FOUR, TWO, THREE COMMISSIONERS. MEHAN, OLIVER, MORALES AND BRAY WERE FOUR. AND THEN COMMISSIONERS LEWIS, COATES AND LANCE WERE AGAINST. IS THERE ANY COMMENTS FOR THOSE THAT WERE AGAINST THAT? WANT TO PUT IT ON THE RECORD TO TALK ABOUT WHY YOU WERE AGAINST THAT WAY CITY COUNCIL CAN HEAR, YOU KNOW, YOUR YOUR SIDE OF IT. THEY'VE HEARD OUR SIDE. SO WE WANT TO MAKE SURE WE ARE ALL SIDES. I'M JUST NOT WILLING TO WAIVE THE 150FT REQUIREMENT. OKAY. THAT'S FAIR. SAME OKAY. YEAH THAT WAS MY RATIONALE AS WELL. GREAT. THANK YOU. OKAY. SO THE MOTION PASSES AND WE WILL CONTINUE MOVING AGENDA ITEM NUMBER 20. AS COMMISSIONER OLIVER SAID THE BEGINNING HAS BEEN WITHDRAWN.[21. Discuss and consider action regarding Significant and Heritage Tree Removal requests associated with Subdivision Case PP-25-0070 regarding Lost Woods Estates Preliminary Plat on one (1) parcel of land 28.12 acres ± in size, more particularly described by Williamson Central Appraisal District Parcel R338811; and generally located at southeast of the intersection of Mineral Drive and CR 175, Leander, Williamson County, Texas.]
SO WE'LL MOVE ON TO AGENDA ITEM 21. DISCUSS AND CONSIDER ACTION REGARDING SIGNIFICANT AND HERITAGE TREE REMOVAL REQUESTS ASSOCIATED WITH SUBDIVISION CASE P250070 REGARDING LOSS WITH STATES. PRELIMINARY PLAT ON ONE PARCEL OF LAND 28.12 ACRES IN SIZE. MORE PARTICULARLY DESCRIBED BY WILLIAM CENTRAL APPRAISAL DISTRICT, PARCEL R338811 AND GENERALLY LOCATED AT THE SOUTHEAST OF THE INTERSECTION OF MINERAL DRIVE AND COUNTY ROAD 175. LEANDER, WILLIAMSON COUNTY, TEXAS. STAFF PRESENTATION. THANK YOU. SO THIS REQUEST IS THE SECOND STEP IN THE SUBDIVISION PROCESS AND THE FIRST STEP IN THE TREE REMOVAL PROCESS BECAUSE IT HAS A HERITAGE TREE OR THERE'S HERITAGE TREE REMOVALS IN IT.THE CITY COUNCIL APPROVED UPDATES TO THE SUBDIVISION ORDINANCE IN JUNE 6TH, 2024, WHICH GRANTS THE PLANNING DIRECTOR THE AUTHORITY TO ADMINISTRATIVELY APPROVE A SUBDIVISION APPLICATION IN SITUATIONS WHERE SIGNIFICANT HERITAGE TREE REMOVALS ARE PROPOSED. THE ZONING ORDINANCE REQUIRES ACTION BY THIS COMMISSION AS WELL AS THE CITY COUNCIL SECTION. ARTICLE SIX. SECTION 1C5 OF THE COMPREHENSIVE ZONING ORDINANCE
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REQUIRES THE COMMISSION REVIEWS AND TAKES ACTION ON THE REMOVAL OF ANY SIGNIFICANT TREE GREATER THAN 18 CALIBER INCHES, AND PROVIDES RECOMMENDATIONS REGARDING THE PROPOSED REMOVAL OF ANY HERITAGE TREE GREATER THAN 26 CALIPER INCHES. THE CITY COUNCIL REVIEWS AND TAKES FINAL ACTION ON ALL HERITAGE TREE REMOVAL REQUESTS. FOLLOWING THEIR APPROVAL OF THE TREE REMOVALS, STAFF MAY APPROVE THE PRELIMINARY PLAT. STAFF HAS REVIEWED THE PRELIMINARY PLAT AND CONFIRMED THAT ALL REQUIREMENTS OF THE SUBDIVISION ORDINANCE HAVE BEEN MET. THIS PRELIMINARY PLAT INCLUDES. OKAY, THERE IT IS. SO 79 RESIDENTIAL LOTS AND SEVEN HOA LOTS. THERE'S SOME OPEN SPACE, LOTS, AND THERE'S ALSO A DRAINAGE LOT ALL UNDER ONE PHASE. THIS REQUEST INCLUDES THE REMOVAL OF THREE HERITAGE TREES TOTALING 88 CALIPER INCHES. THE PROJECT IS PRESERVING 77% OF THE EXISTING HERITAGE TREES ON SITE, TOTALING 281 CALIPER INCHES. I'LL GO KIND OF SLOW BECAUSE THESE NUMBERS GET AN ADDITIONAL 292 SIGNIFICANT TREES ARE PROPOSED TO BE REMOVED, TOTALING 1299 CALIPER INCHES.THE PROJECT IS PRESERVING 50% OF THE EXISTING SIGNIFICANT TREES ON SITE, TOTALING 101,323 CALIPER INCHES, AND THIS WAS ALL NEGOTIATED THROUGH THE REVIEW PROCESS. TREE REMOVALS ARE DUE TO UPCOMING SUBDIVISION IMPROVEMENTS SUCH AS MASS GRADING. THEY'RE GOING TO BE WORKING ON THE DETENTION POND AREAS. ONE SUCH IS DOWN HERE. THERE ARE INTERNAL ROADWAYS AND HOME PAD SITES. THE DEVELOPER HAS THE OPTION TO REMOVE TREES FROM THE PAD SITE AT THE TIME OF BUILDING PERMIT, BUT HAVE OPTED TO REMOVE THEM WITH THE PUBLIC IMPROVEMENT PLANS, WHICH THEY WILL FOLLOW UP WITH PER THE COMPREHENSIVE ZONING ORDINANCE. THE DEVELOP THE DEVELOPMENT MAY PLAN FOR REMOVAL OF THE TREES FROM THE PAD SITES DURING THE SUBDIVISION CONSTRUCTION PHASE. IF TREES ARE PROPOSED FOR REMOVAL AT THIS STAGE, MITIGATION REQUIREMENTS SHALL APPLY. STAFF HAS NOT VERIFIED THAT THE LOCATIONS OF THE TREES WILL BE IMPACTED BY THE BUILDING PADS. SO THE APPLICANT HERE TONIGHT IS KIMLEY-HORN. AS PART OF THE EVALUATION PROCESS OF THIS REQUEST, THE PLANNING AND ZONING COMMISSION HAS THE FOLLOWING OPTIONS. OPTION ONE APPROVE THE REQUEST FOR THE REMOVAL OF THE SIGNIFICANT AND HERITAGE TREE REMOVALS AS PROPOSED. OPTION TWO DENY THE PROPOSED SIGNIFICANT HERITAGE TREE REMOVALS REQUESTED AS PROPOSED. THIS ACTION WOULD REQUIRE THE APPLICANT TO CONTINUE WORKING WITH STAFF ON POTENTIAL PRESERVATION CANDIDATES FOR SPECIFIC SIGNIFICANT HERITAGE TREES. THAT BEING SAID, STAFF RECOMMENDS OPTION ONE LISTED ABOVE, APPROVE THE PRELIMINARY PLAT AND REQUESTED SIGNIFICANT INHERITANCE. TREE REMOVALS PROPOSED AS TREE REMOVALS ARE DUE TO UPCOMING SUBDIVISION IMPROVEMENTS SUCH AS MASQUERADING DETENTION PONDS, INTERNAL ROADWAYS AND HOME PADS. STAFF WILL NOTE THAT THE PROJECT IS PRESERVING 5,050% OF THE EXISTING SIGNIFICANT TREES, AND 77% OF THE HERITAGE TREES ON SITE. HERE'S THE HERITAGE TREES THAT ARE BEING REMOVED. INITIALLY, THEY WERE REMOVING A LITTLE BIT MORE THAN THIS. WE GOT IT TONED DOWN. I THINK THEY'RE TAKING OUT JUST MAYBE THESE TWO. I CAN'T REALLY SEE THE RED VERY WELL. JUST THREE IN THE ROADWAY. YEAH. SO ONE, TWO, THREE. THEY WERE GOING TO TAKE OUT SOME OTHER ONES BECAUSE OF GRADING. BUT THEY ELECTED TO KEEP THOSE THE SAME THING WITH SOME SIGNIFICANT TREES. SO WE REVIEWED WE DISCUSSED. THEY FELT THIS IS THE BEST PLAN TO MOVE FORWARD WITH. SO IT'S HERE FOR YOUR CONSIDERATION TONIGHT. AND THAT IS STAFF'S PART. WE'LL BE HERE FOR QUESTIONS SHOULD YOU HAVE ANY. THANK YOU. THANK YOU. IS THERE AN APPLICANT PRESENTATION. NO. ASK QUESTIONS OKAY. GREAT.
AND SINCE THIS IS NOT A PUBLIC HEARING I WILL ENTER INTO DISCUSSION AND START WITH COMMISSIONER BRAY. NO QUESTIONS FOR ME. THANK YOU, VICE CHAIR. I DON'T HAVE ANY QUESTIONS. I THINK THE PERCENTAGES ARE REASONABLE. OKAY, COMMISSIONER OLIVER. YEP. SAME HERE. NO QUESTIONS. I'M GOOD COMMISSIONER. NO QUESTIONS. COMMISSIONER LOUIS. NO QUESTIONS. AND I LIKE ALL THE NUMBERS SO THAT EVEN THOUGH IT LOOKS LIKE THERE'S A TON BEING REMOVED AT, IT'S DIFFERENT WHEN YOU GET TO LOOK AT THE NUMBERS. THANKS, COMMISSIONER MORALES.
NO COMMENTS. GREAT. I AGREE WITH MY FELLOW COMMISSIONERS. I THINK THAT, YOU KNOW, THE NUMBERS LOOK GOOD. YOU HATE TAKING DOWN ANY TREES, BUT WHEN YOU'RE DOING A LARGE RESIDENTIAL DEVELOPMENT AND LOOKING AT THE MAP, I THINK YOU GUYS DID A REALLY GOOD JOB OF TRYING TO SAVE WHAT YOU CAN. SO WITH THAT, THIS IS AN ACTION ITEM MOTION TO APPROVE. SECOND,
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WE HAVE A MOTION TO APPROVE BY VICE CHAIR LANTRIP AND SECONDED BY COMMISSIONER COATES. ALL THOSE IN FAVOR. IT PASSES UNANIMOUSLY. WITH THAT, WE'LL MOVE ON TO ITEM 22, WHICH IS ADJOURNMENT. THE TIME IS 7:55 P.M. AND