• The applicant Alfred Hockley, Live Oak Residential LLC is requesting a 21.53 acre tract of land to be rezoned from B-2 District (General Business) to a R-2C District (Conventional Construction Residential)
• A few remaining properties owned by other individuals still remain around the 21.53 acre tract
• Live Oak EDC recently sold properties to Mr. Hockley that are included in the tract of land
• The Rezoning request generally fits within the scope of the future land use plan for the area, which calls for Neighborhood Mixed-Use which allows for a combination of dense residential and non-residential uses.
• Staff would recommend a buffer between a thorough-fare such as O’Connor Road and a single-family residential development. Usually, it would be a commercial area fronting O’Connor or a multi-family development.
• Should the residential rezoning be approved; the City would require an HOA buffer property along O’Connor Road to include a sidewalk and would be maintained by the HOA because a private road may not back up to a city street.
• Amendments to the City Code state the Zoning that is currently in existence is incorrect in “some fashion” or is in concert with the Comprehensive Plan.
• The Comprehensive Plan in this area of the City calls for a mixed-use neighborhood which is described as a combination of commercial and residential dwellings up to 14 units per acre. This would normally be in the form of a multi-family or townhome development with a “walkable feel.”

• The plan is to build 75 single family homes under an R-2C District adding approximately 300 new residents.
• The tract would be dedicated as residential and park land to keep with the Comprehensive Plan. Mr. Hockley stated the remaining hold-out lot owners wanted their lots to remain commercial.
• 2.5 acres has been reserved for a park within the 22 acre tract owned by Live Oak Residential, LLC and Mr. Hockley indicated he would like to partner with the City for the park.
• A timeline for the project would be a 2.5 year estimated timeframe for the planned dwellings.
• The tract of land was originally owned by the late Harold Gadsby and introduced Ms. Jewels Rio.
• Realtor Jewels Rio provided the vision and history of Harold Gadsby for the land and would like to dedicate a street bearing the “Gadsby” name within the residential subdivision in honor of Mr. Gadsby.
• She closed by stating the property is a “passion” development for Mr. Hockley and herself and together they are ready take the challenge of making it a new subdivision within the City.

Councilman Tullgren stated the initial intent of selling the EDC properties was to create a commercial component along O’Conner for sales tax in the B-2 District. The plan before the Council and Commission is now removing the business aspect. He continued by stating his vision would be for a small strip center along O’Conner and residential in the back; what is the return value to the LOEDC? 

Councilman Cimics concurred with Councilman Tullgren’s concern about the commercial component being removed from the original intent. He mentioned the concern with the traffic coming from the proposed housing development onto O’Connor Road from two access points. He asked who would pay for the traffic lights, and expressed his concern for safety.

Commissioner Woppert concurred with Councilman Cimics regarding the safety and traffic.

Alt. Commissioner Llamas asked to see a traffic study to see the impact on the O’Connor area; Mr. Hornes interjected that staff had discussions about tying into the Woodcrest area as a possible option on the residential side of the development and at this proceedings, he would not be able to speak on the traffic light until a traffic study was completed. 

Alt. Commissioner Woodall - None

Mayor Dennis asked Mr. Hornes if a traffic impact analysis would be required by the developer; Mr. Hornes confirmed that an impact traffic analysis would be require during the platting of the property. The study would provide a complete impact on the full development, i.e. requiring a three-way stop light, or stop sign.

Commissioner Kusek wanted clarification about the future of reopening Miller Road and asked for the location of the green space that had drainage; Mr. Hornes commented that Miller Road will not be reopened, and the park/green space would remain a park or taken to the voters to change it from a park. Mr. Kusek asked about the road called Kohout; Mr. Hornes confirmed Kohout has been abandoned.

Commissioner Kusek asked where the commercial component would be located; Mr. Hornes stated typically commercial would be along the frontage of the major thoroughfare, in this case O’Connor and the residential would be in the rear.

Commissioner Umphlett clarified the area being rezoned; Mr. Hornes stated all the lots previously platted in the Robards Subdivision would be vacated and re-platted to include new lot sizes and CPS Easement. Commissioner Umphlett asked Mr. Hockley to change the layout and move the commercial to the area along O’Connor instead; Mr. Hockley said that the proposed concept presented two years ago has now changed due to the pandemic causing a housing shortage. The new plan is to develop it with residential instead for 40 foot wide lots. He closed by stating the owners that did not want to sell will remain commercial lots and he feels the residential, park and commercial component are all in line with the City’s plan. Mr. Hockley confirmed there is a traffic light located at the intersection of Miller Road and O’Conner for those concerns of the traffic and safety. 

Ms. Rios interjected by stating adding commercial along O’Connor was not part of their current scope or plan for the project. She continued by stating the commercial component is located on the opposite side of O’Connor. There is a bigger demand for residential versus commercial. 

Mayor Dennis asked members of the Planning & Zoning Commission and the presenter to only speak about the parcels germane to the land being re-zoned and not about the properties on the outskirts of the said property not owned by Live Oak Residential, LLC.

Mr. Hornes clarified that the R2-C District authorizes lot sizes as 50 feet wide and 100 feet in depth not the 40 feet previously stated by Mr. Hockley.

Commissioner Rosenbaum commented that during the platting process, the setbacks, ROW, buffers and lot sizes would be discussed. 

Chairman Kochan asked for clarification on the date that the EDC sold the lots conveyed by Mr. Gadsby; Mr. Hornes stated the EDC lots were sold in 2019 to Mr. Hockley. She asked if EDC had set any conditions for the property when sold; Mr. Hornes stated there was no stipulations set forth and the sale has been finalized.

Mayor Dennis asked how the applicant’s re-zoning request fits with the City’s Comprehensive Plan; Mr. Hornes answered the plan has flexibility but discusses high density walkable residential properties with a mixed commercial component in this portion of the City. The type of mixed-use would include townhomes, multi-family, retail-commercial, and single-family homes would fit within the plan to an extent. Mayor Dennis stated Mr. Hockley’s residential “only” plan does not capture the “spirit” of the EDC’s intentions for selling the properties. The purpose of selling the EDC properties was to provide economic development to the O’Connor area and Mr. Hockley’s current plan is disappointing to h the commercial component. 

Mayor Dennis asked for the average size home that could be built on a 50’ x 100’ lot; Mr. Hornes compared the potential home sizes to those being built in the Vista Ridge Subdivision off of Forest Bluff. 

Councilman Tullgren state the EDC was previously presented a plan that called for the future development of commercial along O’Connor and residential in the back. This plan doesn’t meet the intent of the sale of the EDC properties and does not meet the “spirit” of the original presentation. 

Councilman Cimics asked for clarification on the repercussions for the hold-out property owners should the land be re-zoned to R2-C; Mr. Hornes stated the owners of the remaining lots would have lots legally sized for commercial but would have major challenges in their efforts. Those lots will remain a commercial zoning at this time. 

Chairman Kochan asked about the required area necessary to build commercial along O’Connor Road and how many houses would be lost by the option in the current plan; Mr. Hornes stated typically commercial would be 200 feet wide with a minimum of 10,000 square feet requirement and he would defer the second portion of her question to Mr. Hockley. She continued by asking if the applicant could withdrawal their request and revise the application for a later meeting; Mr. Hornes stated the public hearing has been posted and will continue during the proceedings. The Commission will then make a determination and recommendation to the City Council for an approval or denial. 

Mayor Dennis asked Mr. Hockley to provide the number of homes effected by adding a 250 foot commercial front; Mr. Hockley answered he did not have the information on hand but would send the information to staff.