5. JOINT PUBLIC HEARING
A. Public Hearing – Receive public comments and testimony regarding a request for a Re-Zone Case #Z-21-003 made by Gunn Toepperwein. The request is to Re-Zone a parcel described as a 38.981 acre tract of land being re-zoned from B-3 District (General Business) to a I-1 District (Light Industrial) in the J.M. Ocon Survey as recorded in the official Bexar County, Texas records in Volume 6179, page 1368. The property is located at 13552 Toepperwein Road for a proposed office/warehouse/logistics project.
Mayor Mary M. Dennis opened the Joint Public Hearing at 6:34 p.m. and read the legal description for the official record.
1. Staff Presentation – Michael Hornes provide the following during the staff presentation:
- This request is to re-zone 38.981 acres described above and shown in the map below from B-3 General Business to I-1 Light Industrial made by Gunn Toepperwein, LLC.
- The property was previously used as the over-flow lot for Gunn Chevrolet along the access of Toepperwein; the property just behind the old overflow parking lot was known as the Live Oak raceway; and the parcel behind which abuts Bridlewood Subdivision is an un-platted parcel of land.
- The owner is proposing 3 phases of construction for a total of 4 spec buildings and 450,000 square feet of warehousing space.
- Two buildings will be built in 2022 and phase in the third and fourth subsequent buildings as they are tenant filled.
- Uses proposed include e-commerce, contractors supply; food related distribution; logistics companies, green energy. i.e. solar, medical supply, DOD suppliers, and auto manufacturing supply.
- The property fronts Toepperwein and is surrounded by the I-1 Light Industrial on the west and north of the property, I-1 Light Industrial and B-3 General Business on the east and south side, and R-1 Single Family residential to the north and east of the property.
- Their proposal creates a buffer from the Bridlewood Subdivision of 250-300 linear feet from the edge of the property to the closest building.
- The rezoning request does not fit within the scope of the future land use plan according to the City’s Comprehensive Plan for the area, which calls for Neighborhood Mixed-Use. Neighborhood mixed use allows for a combination of dense residential and non-residential uses.
- The I-1 Light industrial designation does not fit within the future use but rather with the Employment Center use designation.
- Items to consider: following the Comprehensive Plan, is there an error in the original zoning of the property, is there substantial change in the environment of the property, and would granting the request create a spot zone.
- He closed by introducing James Griffin, representative for the applicant.
2. Applicant Presentation - James Griffin, Attorney with Killen, Griffin & Farrimond Attorneys at Law, 100 NE Loop 410, Suite 650, San Antonio, Texas 78216. Mr. Griffin presented the following during the applicant presentation:
- Agarita Management (local company) is the client under contract for the Toepperwein Road Business Park which is currently undeveloped.
- The project is a proposed redevelopment as a multi-tenant office/warehouse for four 1-story Class A buildings on said property
- Large landscape/natural buffer around the perimeter of property will be provided and will save as much natural green open space as possible.
- Property being under 40 acres with buildings ranging from 60,000 to 140,000 square feet in size.
- A large landscape /natural buffer around perimeter along the rear to the property Bridlewood (150 feet wide and 300 feet from the property line to the nearest building.
- The one-story buildings will be designed to look like office space with glass store fronts. (provided design renderings)
- 50 feet of elevation change on the property and should not be visible from the surrounding properties except for the first building off of Toepperwein.
- Provided building details: a 200 foot buffer, 30 foot in height; with downward lighting and no outdoor operations in this area
- the total investment is a little over $40 million dollars (property & Construction)
- Proposed Restrictive Covenants with HOA or Deed Restrictions to prohibit certain uses and ensure buffer remains
- Currently, there are no tenants locked in for the project; most our on the contingency of the zoning request approval.
- Private restrictions in place would illuminate the undesirable uses no matter who the property owner would be if sold.
- The owner would like to make contact with a representative of the Bridlewood HOA to discuss the restrictions.
- Engineer Traffic Impact analysis indicates 75 peak hour trips for this project versus a multi-family unit which would have 300 or more peak hour trips.
- Compatibility with Randolph Brooks Airforce Base’s flight pattern.
Mr. Griffin closed by thanking the commission and council for the consideration.
3. Question & Comments from Council & Commission
Councilman Morgan asked for confirmation to the 50 foot variance in topography to the Bridlewood residents would not be able to see the buildings; Mr. Griffin confirmed “yes, they would not be able to see the buildings because of the natural green buffer proposed.”
Councilman Morgan commented he was pleased to hear the plan regarding downward lighting because of the dark sky concern. He asked if day time operation would be the only hours of operation and not 24 hours and if the peak trip hours would be less than a multi-family; Mr. Griffin answered the plan is primarily daytime operations (8a-5p) and answered “yes” regarding the peak trip hours being less than a multi-family community.
Mayor Dennis made a comment regarding the hours of operation would depend on the actual tenants; Mr. Griffin agreed.
Councilman Tullgren addressed his questions to staff: the proposed zoning and the surrounding areas; Mr. Hornes identified the surrounding zonings to the west being industrial, Town Center zoned as B-3 General Business, and Bridlewood Subdivision as R-1 Single Family.
Councilman Tullgren asked if there were streets currently connecting said property to the Town Center; Mr. Hornes stated “there were none because of challenges such as drainage to have a cut-through street from the Town Center to Toepperwein Road.”
Councilwoman Dr. Perez asked staff for the return investment gain on the $40 million dollar project and construction; Mr. Hornes stated it would be the valuation of the property as the short term gain; however, the sales tax would not be the “business” in I-1. It would not be a “Freeport” where items are stored and then sold from another state.
Councilwoman Dr. Perez expressed her concern on the uncertainty of the tenants is the unknown and the requirements of the setbacks. Mr. Hornes stated their proposal exceeds the city’s setback requirements. The City’s requirements would require 25 feet setbacks in an I-1.
Councilman Cimics asked for clarification on the classification of Class A versus another class of business; Mr. Griffin explained it would depend on the types of materials used during construction that may be cheaper which would be classified as Class B or C. Class A is a higher grade of construction materials.
Councilman Cimics also wanted clarification on if the City could place restrictions on night time traffic; Mr. Griffin stated the Restrictive Convenience for the Deed Restrictions would be an important factor to be able to restrict night time traffic. The client would be willing to participate in negotiations with the Bridlewood HOA to include restrictive uses as part of the agreement with all parties. Councilman Cimics stated he would request the restrictions agreed upon by the parties, to include hours of operation be drawn up before the final approval on this item.
Councilman Dahl stated since the most flexible commercial zoning, B-3 District, surrounds the entire Bridlewood Subdivision, he wanted clarification on the specifics for the proposed plan which would not conform to the current B-3 Zoning; Mr. Hornes it does conform to the City's Code for commercial warehouse storage or various proposed uses for a warehouse storage is only allowed in I-1 and I-2 which would be considered “unconditioned storage.” The difference is that all businesses located in the B-3 District have a commercial business to retailer and not business to business. He closed by stating the proposed project does not have a retail component.
Councilman Dahl concluded his questions by asking if a Special Use Permit could be requested; Mr. Hornes answered, “no” the SUP process would not accommodate this request. Mr. Hornes explained the demand for this type of project, and concluded one could see this type of industrial spec building in Selma, Schertz, and Cibolo; the project is considered very low impact light industrial with a significant buffer.
Mayor Dennis asked to see the list from the applicant’s presentation of potential businesses that would be allowed in the current zoning B-3 District; Mr. Griffin provided the list for review.
Commissioner Umphlett asked for clarification on the proposed timeline for the construction of the buildings; Mr. Hornes said the first buildings would be constructed in 2022 along Toepperwein Road and the remaining two buildings in 2023-2024 located in the rear abutting Bridlewood Subdivision.
Vice Chairman Kochan asked if the front of the property could be zoned as I-1 and the rear remain B-3, i.e., Jordan Ford along IH35; Mr. Hornes stated the request before the group is for the entire property to be rezoned as I-1 and it could not be modified during these proceedings.
Councilman Dahl suggested the buffer be a part of the Commission’s recommendation within the motion; Mr. Griffin offered to include the 250 foot buffer to the residential area within the Deed Restrictions;
Councilman Dahl stated it would add some assurance that no structure would be is built on top of the residents. Mr. Hornes stated before the City Council meeting, the attorneys for the project can draft an agreement in respect to the buffer.
Commissioners Woppert, Tremblay, Kusek, and Llamas; and Chairman Rosenbaum had no further questions for the applicant or staff.
B. Public Hearing – Receive public comments and testimony regarding a request for a Specific Use Permit (SUP) #SU-21-001 made by TRP Construction Group. The SUP request is for a parcel described as a 1.585 acre tract of land to allow for Contractor Storage/equipment yard within a B-3 District (General Business) located at 6712 Randolph Blvd., Live Oak, Texas 78233 recorded in the official Bexar County, Texas Records, CB 5049, Lot 18A within the city limits of Live Oak, Texas.
Mayor Mary M. Dennis opened Public Hearing item 5B at 7:54 p.m.
2. Applicant Presentation
Ben Carroll – TRP Construction - Moved in April 2019 and used for office space and parking work vehicles. TRP has been a good neighbor and has received no complaints. He added TRP Construction is a highway stripping firm that works closely with TXDOT. Mr. Carroll offered to answer any questions.
3. Question & Comments from Council & Commission
Councilman Morgan asked for clarification on the vehicle parking overnight and frequency of traffic trips; Mr. Carroll confirmed parking would only be for company vehicles only and the vehicles would leave the area for a remote job site and then be returned in the evening.
Councilman Tullgren & Councilman Cimics – None
Councilwoman Perez commented she is appreciative with the amount of peak hour vehicle trips.
Councilman Dahl commented the property is not abutting a residential zoning and only abut business zonings; Councilman Dahl also clarified that the Specific Use Permit is only for the exterior equipment storage; Mr. Hornes confirmed his statement was accurate.
No questions or comments from Commissioners Llamas, Kusek, Tremblay, Umphlett, Woppert; and Chairman Rosenbaum. Vice Chairman Kochan asked for clarification regarding the expiration of the Specific Use Permit; Mr. Hornes verified once TRP Construction vacates the property, the SUP will expire and no longer be valid for the new tenant or owner.
Hearing no further comments or questions from City Council or the Commission, Mayor Pro-Tem Cimics called for comments from proponents and opponents.
4. Comments from Proponents & Opponents - None Present
Ms. Lowder stated no proponents or opponents were present but read the comments received via U.S.P.S. allowed for the official record:
- SAR American Properties (North Park Used Cars)– Returned ”Unable to Forward”
- Nathan Sherman Enterprises, Inc. – Returned “Unable to Forward"
6. ADJOURNMENT at 8:00 p.m.
5. PUBLIC HEARING
A. P21-005 – Re-Plat – Old Austin Road – Receive public comments and testimony regarding a re-plat request for a portion of a 15.19 acre tract of land being out of John James Survey No. 73, said 2.594 acre parcel comprised of acre No. 2, acre No. 3, and SW 0.594 acre of No. 4 of the SW 7 (1) acre tracts recorded in the official records of Bexar County, Texas in Volume 3358, page 512. Lot 1 situated solely in the City of Live Oak comprised of 0.568 acres and Lot 2 situated solely in the City of Selma comprised of 2.025 acres.
1. Staff Presentation -
- The property fronts on Old Austin Road and straddles the city limits of Selma and Live Oak; Lot 1 situated solely in the City of Live Oak comprised of 0.568 acres and Lot 2 situated solely in the City of Selma comprised of 2.025 acres.
- The applicant previously requested a special exception granting a monopole tower and was approved by the Board of Adjustment.
- The applicant is now separating out the property that will house the cell tower from the remainder of the property.
- The process will include a public hearing, preliminary plat, and final platting from the City of Live Oak and additionally approval from the City of Selma in December.
- Being located in two cities created an illegal lot for the City of Live Oak and did not meet our width requirement.
- The city engineer has reviewed and approved the preliminary plat and recommends approval.
- Staff has no objections.
3. Question & Comments Commission
Commissioner Kusek asked for clarification regarding the purpose for the re-plat; Mr. Hornes stated the property was approved for a monopole cell tower through the Board of Adjustment with a special exception permit for Lot 1. Commissioner Kusek asked if Randolph Airforce Base had approved the 150 foot tower; Mr. Gatz stated he had the USAF’s approval in writing. Commissioners Llamas, Tremblay, Woppert; and Vice Chairman Kochan and Chairman Rosenbaum - No comments Hearing no further questions on the public hearing item 5A; Chairman Rosenbaum called for proponents and opponents.
6. NEW BUSINESS
B. (Joint Public Hearing Item) – Discussion and Possible action regarding a recommendation to City Council for a Specific Use Permit (SUP) #SU-21-001 made by TRP Construction Group. The SUP request is for a parcel described as a 1.585 acre tract of land to allow for Contractor Storage/equipment yard within a B-3 District (General Business) located at 6712 Randolph Blvd., Live Oak, Texas 78233
Chairman Rosenbaum read the legal description for the official record. Mr. Hornes reiterated the following for JPH Item SU-21-001:
- TRP Construction has been leasing the property and no opposition from staff nor neighbors
- Each side of the property is a business district and fronted by IH 35
- Staff has not objections to the SUP request
Q&A Commissioner Kusek has not issues with the recommendation.
C. (Public Hearing Item) – Discussion and Possible action regarding a Re-plat request for a portion of a 15.19 acre tract of land being out of John James Survey No. 73, said 2.594 acre parcel comprised of acre No. 2, acre No. 3, and SW 0.594 acre of No. 4 of the SW 7 (1) acre tracts recorded in the official records of Bexar County, Texas in Volume 3358, page 512. Lot 1 is situated solely in the City of Live Oak comprised of 0.568 acres and Lot 2 is situated solely in the City of Selma comprised of 2.025 acres. The property is located at 8074 Old Austin Road and abutting the Gateway Shopping Plaza.
Chairman Rosenbaum read the legal description for the official record. Mr. Hornes provided a recap:
- The preliminary plat includes comments by the city engineer and will be corrected by the final plat submittal
- Both City of Selma and Live Oak will have an approval/denial process
- Staff has no objections
Q&A Commissioner Kusek asked if the monopole tower would be the only structure on the lot; Mr. Hornes answered the lot size is the inability to erect any other structure. Commissioners Trembly, Llamas, Woppert, and Vice Chairman Kochan and Chairman Rosenbaum – No comments
Nov 16, 2021 Joint Public Hearing of the City Council and Planning & Zoning Commission
5. JOINT PUBLIC HEARING
A. Public Hearing – Receive public comments and testimony regarding a request for a Re-Zone Case #Z-21-003 made by Gunn Toepperwein. The request is to Re-Zone a parcel described as a 38.981 acre tract of land being re-zoned from B-3 District (General Business) to a I-1 District (Light Industrial) in the J.M. Ocon Survey as recorded in the official Bexar County, Texas records in Volume 6179, page 1368. The property is located at 13552 Toepperwein Road for a proposed office/warehouse/logistics project.
Mayor Mary M. Dennis opened the Joint Public Hearing at 6:34 p.m. and read the legal description for the official record.
1. Staff Presentation – Michael Hornes provide the following during the staff presentation:
- This request is to re-zone 38.981 acres described above and shown in the map below from B-3 General Business to I-1 Light Industrial made by Gunn Toepperwein, LLC.
- The property was previously used as the over-flow lot for Gunn Chevrolet along the access of Toepperwein; the property just behind the old overflow parking lot was known as the Live Oak raceway; and the parcel behind which abuts Bridlewood Subdivision is an un-platted parcel of land.
- The owner is proposing 3 phases of construction for a total of 4 spec buildings and 450,000 square feet of warehousing space.
- Two buildings will be built in 2022 and phase in the third and fourth subsequent buildings as they are tenant filled.
- Uses proposed include e-commerce, contractors supply; food related distribution; logistics companies, green energy. i.e. solar, medical supply, DOD suppliers, and auto manufacturing supply.
- The property fronts Toepperwein and is surrounded by the I-1 Light Industrial on the west and north of the property, I-1 Light Industrial and B-3 General Business on the east and south side, and R-1 Single Family residential to the north and east of the property.
- Their proposal creates a buffer from the Bridlewood Subdivision of 250-300 linear feet from the edge of the property to the closest building.
- The rezoning request does not fit within the scope of the future land use plan according to the City’s Comprehensive Plan for the area, which calls for Neighborhood Mixed-Use. Neighborhood mixed use allows for a combination of dense residential and non-residential uses.
- The I-1 Light industrial designation does not fit within the future use but rather with the Employment Center use designation.
- Items to consider: following the Comprehensive Plan, is there an error in the original zoning of the property, is there substantial change in the environment of the property, and would granting the request create a spot zone.
- He closed by introducing James Griffin, representative for the applicant.
2. Applicant Presentation - James Griffin, Attorney with Killen, Griffin & Farrimond Attorneys at Law, 100 NE Loop 410, Suite 650, San Antonio, Texas 78216. Mr. Griffin presented the following during the applicant presentation:
- Agarita Management (local company) is the client under contract for the Toepperwein Road Business Park which is currently undeveloped.
- The project is a proposed redevelopment as a multi-tenant office/warehouse for four 1-story Class A buildings on said property
- Large landscape/natural buffer around the perimeter of property will be provided and will save as much natural green open space as possible.
- Property being under 40 acres with buildings ranging from 60,000 to 140,000 square feet in size.
- A large landscape /natural buffer around perimeter along the rear to the property Bridlewood (150 feet wide and 300 feet from the property line to the nearest building.
- The one-story buildings will be designed to look like office space with glass store fronts. (provided design renderings)
- 50 feet of elevation change on the property and should not be visible from the surrounding properties except for the first building off of Toepperwein.
- Provided building details: a 200 foot buffer, 30 foot in height; with downward lighting and no outdoor operations in this area
- the total investment is a little over $40 million dollars (property & Construction)
- Proposed Restrictive Covenants with HOA or Deed Restrictions to prohibit certain uses and ensure buffer remains
- Currently, there are no tenants locked in for the project; most our on the contingency of the zoning request approval.
- Private restrictions in place would illuminate the undesirable uses no matter who the property owner would be if sold.
- The owner would like to make contact with a representative of the Bridlewood HOA to discuss the restrictions.
- Engineer Traffic Impact analysis indicates 75 peak hour trips for this project versus a multi-family unit which would have 300 or more peak hour trips.
- Compatibility with Randolph Brooks Airforce Base’s flight pattern.
Mr. Griffin closed by thanking the commission and council for the consideration.
3. Question & Comments from Council & Commission
Councilman Morgan asked for confirmation to the 50 foot variance in topography to the Bridlewood residents would not be able to see the buildings; Mr. Griffin confirmed “yes, they would not be able to see the buildings because of the natural green buffer proposed.”
Councilman Morgan commented he was pleased to hear the plan regarding downward lighting because of the dark sky concern. He asked if day time operation would be the only hours of operation and not 24 hours and if the peak trip hours would be less than a multi-family; Mr. Griffin answered the plan is primarily daytime operations (8a-5p) and answered “yes” regarding the peak trip hours being less than a multi-family community.
Mayor Dennis made a comment regarding the hours of operation would depend on the actual tenants; Mr. Griffin agreed.
Councilman Tullgren addressed his questions to staff: the proposed zoning and the surrounding areas; Mr. Hornes identified the surrounding zonings to the west being industrial, Town Center zoned as B-3 General Business, and Bridlewood Subdivision as R-1 Single Family.
Councilman Tullgren asked if there were streets currently connecting said property to the Town Center; Mr. Hornes stated “there were none because of challenges such as drainage to have a cut-through street from the Town Center to Toepperwein Road.”
Councilwoman Dr. Perez asked staff for the return investment gain on the $40 million dollar project and construction; Mr. Hornes stated it would be the valuation of the property as the short term gain; however, the sales tax would not be the “business” in I-1. It would not be a “Freeport” where items are stored and then sold from another state.
Councilwoman Dr. Perez expressed her concern on the uncertainty of the tenants is the unknown and the requirements of the setbacks. Mr. Hornes stated their proposal exceeds the city’s setback requirements. The City’s requirements would require 25 feet setbacks in an I-1.
Councilman Cimics asked for clarification on the classification of Class A versus another class of business; Mr. Griffin explained it would depend on the types of materials used during construction that may be cheaper which would be classified as Class B or C. Class A is a higher grade of construction materials.
Councilman Cimics also wanted clarification on if the City could place restrictions on night time traffic; Mr. Griffin stated the Restrictive Convenience for the Deed Restrictions would be an important factor to be able to restrict night time traffic. The client would be willing to participate in negotiations with the Bridlewood HOA to include restrictive uses as part of the agreement with all parties. Councilman Cimics stated he would request the restrictions agreed upon by the parties, to include hours of operation be drawn up before the final approval on this item.
Councilman Dahl stated since the most flexible commercial zoning, B-3 District, surrounds the entire Bridlewood Subdivision, he wanted clarification on the specifics for the proposed plan which would not conform to the current B-3 Zoning; Mr. Hornes it does conform to the City's Code for commercial warehouse storage or various proposed uses for a warehouse storage is only allowed in I-1 and I-2 which would be considered “unconditioned storage.” The difference is that all businesses located in the B-3 District have a commercial business to retailer and not business to business. He closed by stating the proposed project does not have a retail component.
Councilman Dahl concluded his questions by asking if a Special Use Permit could be requested; Mr. Hornes answered, “no” the SUP process would not accommodate this request. Mr. Hornes explained the demand for this type of project, and concluded one could see this type of industrial spec building in Selma, Schertz, and Cibolo; the project is considered very low impact light industrial with a significant buffer.
Mayor Dennis asked to see the list from the applicant’s presentation of potential businesses that would be allowed in the current zoning B-3 District; Mr. Griffin provided the list for review.
Commissioner Umphlett asked for clarification on the proposed timeline for the construction of the buildings; Mr. Hornes said the first buildings would be constructed in 2022 along Toepperwein Road and the remaining two buildings in 2023-2024 located in the rear abutting Bridlewood Subdivision.
Vice Chairman Kochan asked if the front of the property could be zoned as I-1 and the rear remain B-3, i.e., Jordan Ford along IH35; Mr. Hornes stated the request before the group is for the entire property to be rezoned as I-1 and it could not be modified during these proceedings.
Councilman Dahl suggested the buffer be a part of the Commission’s recommendation within the motion; Mr. Griffin offered to include the 250 foot buffer to the residential area within the Deed Restrictions;
Councilman Dahl stated it would add some assurance that no structure would be is built on top of the residents. Mr. Hornes stated before the City Council meeting, the attorneys for the project can draft an agreement in respect to the buffer.
Commissioners Woppert, Tremblay, Kusek, and Llamas; and Chairman Rosenbaum had no further questions for the applicant or staff.
B. Public Hearing – Receive public comments and testimony regarding a request for a Specific Use Permit (SUP) #SU-21-001 made by TRP Construction Group. The SUP request is for a parcel described as a 1.585 acre tract of land to allow for Contractor Storage/equipment yard within a B-3 District (General Business) located at 6712 Randolph Blvd., Live Oak, Texas 78233 recorded in the official Bexar County, Texas Records, CB 5049, Lot 18A within the city limits of Live Oak, Texas.
Mayor Mary M. Dennis opened Public Hearing item 5B at 7:54 p.m.
2. Applicant Presentation
Ben Carroll – TRP Construction - Moved in April 2019 and used for office space and parking work vehicles. TRP has been a good neighbor and has received no complaints. He added TRP Construction is a highway stripping firm that works closely with TXDOT. Mr. Carroll offered to answer any questions.
3. Question & Comments from Council & Commission
Councilman Morgan asked for clarification on the vehicle parking overnight and frequency of traffic trips; Mr. Carroll confirmed parking would only be for company vehicles only and the vehicles would leave the area for a remote job site and then be returned in the evening.
Councilman Tullgren & Councilman Cimics – None
Councilwoman Perez commented she is appreciative with the amount of peak hour vehicle trips.
Councilman Dahl commented the property is not abutting a residential zoning and only abut business zonings; Councilman Dahl also clarified that the Specific Use Permit is only for the exterior equipment storage; Mr. Hornes confirmed his statement was accurate.
No questions or comments from Commissioners Llamas, Kusek, Tremblay, Umphlett, Woppert; and Chairman Rosenbaum. Vice Chairman Kochan asked for clarification regarding the expiration of the Specific Use Permit; Mr. Hornes verified once TRP Construction vacates the property, the SUP will expire and no longer be valid for the new tenant or owner.
Hearing no further comments or questions from City Council or the Commission, Mayor Pro-Tem Cimics called for comments from proponents and opponents.
4. Comments from Proponents & Opponents - None Present
Ms. Lowder stated no proponents or opponents were present but read the comments received via U.S.P.S. allowed for the official record:
- SAR American Properties (North Park Used Cars)– Returned ”Unable to Forward”
- Nathan Sherman Enterprises, Inc. – Returned “Unable to Forward"
6. ADJOURNMENT at 8:00 p.m.
5. PUBLIC HEARING
A. P21-005 – Re-Plat – Old Austin Road – Receive public comments and testimony regarding a re-plat request for a portion of a 15.19 acre tract of land being out of John James Survey No. 73, said 2.594 acre parcel comprised of acre No. 2, acre No. 3, and SW 0.594 acre of No. 4 of the SW 7 (1) acre tracts recorded in the official records of Bexar County, Texas in Volume 3358, page 512. Lot 1 situated solely in the City of Live Oak comprised of 0.568 acres and Lot 2 situated solely in the City of Selma comprised of 2.025 acres.
1. Staff Presentation -
- The property fronts on Old Austin Road and straddles the city limits of Selma and Live Oak; Lot 1 situated solely in the City of Live Oak comprised of 0.568 acres and Lot 2 situated solely in the City of Selma comprised of 2.025 acres.
- The applicant previously requested a special exception granting a monopole tower and was approved by the Board of Adjustment.
- The applicant is now separating out the property that will house the cell tower from the remainder of the property.
- The process will include a public hearing, preliminary plat, and final platting from the City of Live Oak and additionally approval from the City of Selma in December.
- Being located in two cities created an illegal lot for the City of Live Oak and did not meet our width requirement.
- The city engineer has reviewed and approved the preliminary plat and recommends approval.
- Staff has no objections.
3. Question & Comments Commission
Commissioner Kusek asked for clarification regarding the purpose for the re-plat; Mr. Hornes stated the property was approved for a monopole cell tower through the Board of Adjustment with a special exception permit for Lot 1. Commissioner Kusek asked if Randolph Airforce Base had approved the 150 foot tower; Mr. Gatz stated he had the USAF’s approval in writing. Commissioners Llamas, Tremblay, Woppert; and Vice Chairman Kochan and Chairman Rosenbaum - No comments Hearing no further questions on the public hearing item 5A; Chairman Rosenbaum called for proponents and opponents.
6. NEW BUSINESS
B. (Joint Public Hearing Item) – Discussion and Possible action regarding a recommendation to City Council for a Specific Use Permit (SUP) #SU-21-001 made by TRP Construction Group. The SUP request is for a parcel described as a 1.585 acre tract of land to allow for Contractor Storage/equipment yard within a B-3 District (General Business) located at 6712 Randolph Blvd., Live Oak, Texas 78233
Chairman Rosenbaum read the legal description for the official record. Mr. Hornes reiterated the following for JPH Item SU-21-001:
- TRP Construction has been leasing the property and no opposition from staff nor neighbors
- Each side of the property is a business district and fronted by IH 35
- Staff has not objections to the SUP request
Q&A Commissioner Kusek has not issues with the recommendation.
C. (Public Hearing Item) – Discussion and Possible action regarding a Re-plat request for a portion of a 15.19 acre tract of land being out of John James Survey No. 73, said 2.594 acre parcel comprised of acre No. 2, acre No. 3, and SW 0.594 acre of No. 4 of the SW 7 (1) acre tracts recorded in the official records of Bexar County, Texas in Volume 3358, page 512. Lot 1 is situated solely in the City of Live Oak comprised of 0.568 acres and Lot 2 is situated solely in the City of Selma comprised of 2.025 acres. The property is located at 8074 Old Austin Road and abutting the Gateway Shopping Plaza.
Chairman Rosenbaum read the legal description for the official record. Mr. Hornes provided a recap:
- The preliminary plat includes comments by the city engineer and will be corrected by the final plat submittal
- Both City of Selma and Live Oak will have an approval/denial process
- Staff has no objections
Q&A Commissioner Kusek asked if the monopole tower would be the only structure on the lot; Mr. Hornes answered the lot size is the inability to erect any other structure. Commissioners Trembly, Llamas, Woppert, and Vice Chairman Kochan and Chairman Rosenbaum – No comments
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