5. JOINT PUBLIC HEARING opened at 6:38 p.m.
B. Receive public comments and testimony regarding an Ordinance for proposed revisions and updates to the City of Live Oak Code of Ordinances Chapter 21– Subdivision Regulations, as same may have heretofore been amended, modified or supplemented; adopting new regulations and requirements; providing a penalty clause; providing an effective date; providing a savings clause; repealing all prior Ordinances conflicting or inconsistent herewith; and further providing for severability.
1. Staff Presentation Staff Presentation - Anas Garfaoui provided the following during the Staff presentation: Comprehensive Plan updates
- Staff review resulted in removing conflicts within the current Code
- Updates to definitions and Land Uses
- Screen and buffering
- Height requirements
- Legislative Updates dictated the changes made to the Code
- Updated Platting Requirements
- Infrastructure
Mr. Garfaoui introduced Bryce Cox, Planner with the City’s Attorney’s office to provide an in depth look at the changes:
Comprehensive Plan had recommended updated City’s codes to Align zoning districts with Future Land Use Plan place types; Incorporate standards for Access Management
Allow for zoning flexibility for small business; Incorporate development guidelines to address screening and buffering and height transition from non-residential to residential land uses; and establish/update landscaping standards for commercial and residential uses.
Article I- Updates and additions to the definitions
- New Section establishing the development manual which contains all the development applications, forms and checklists
- Addition of vested rights requirements and request procedure
Article II - Procedures (entirely new)
- Established certification of technical exhibits, vacating plat, subdivision improvement agreements
Art III –
- Updated provisions for accessory dwelling units in R-1
- Separation of Garden Home Districts R-2 A, B, & C
- Updates to Planned Unit Development District (PUD) standards
- Adjustments to maximum building height in residential districts
- Limitation on accessory building height
- Reduction in lot width and area for attached townhomes in R-4
- Removal of additional open space requirement for townhomes in R-4
- Adjustments to maximum building height in commercial districts
Art. IV
- Addition of new uses including
- Accessory dwelling units
- Ice making/ water station
- Mobile food vending (accessory use only)
- Restaurant/ refreshment stand (drive-through only)
- Short term rental
- Smoke shops/ CB
- Smoking lounges
- Tattoo/piercing studio
- Temporary sales (parking lot vendors)
Article VII
- General updates to parking regulations
- Addition of electric vehicle charging stations
- Updated off-street parking schedule
- New provisions to address new or unscheduled uses for off-street parking
- New stacking and queuing regulations for drive-through facilities and pick-up/ drop-off locations
Article VIII
- Relocation and consolidation of sign regulations from code of ordinances Appendix-B
Article XI
- Relocation and consolidation of Planning and Zoning Commission from code of ordinances Chapter 17
- Updated and simplified language for Board of Adjustment
- Relocation and consolidation of the Tree Care Board and tree care program
Article XII
- Updated procedures for zoning related applications
- Establishment of new procedures for annexation, comprehensive land plan amendments, planned unit developments, specific use permits, variances, special exceptions, and appeals
- Special exceptions list increased to allow for more flexibility in site design for unique and in-fill sites
- Updates to the public hearing process to allow for both individual and joint public hearings by Boards, Commissions and City Council
Article XIII Relocation and consolidation of enforcement, violation, and penalty provision Changes made based on Feedback:
- Updated definitions for Landscape Buffer, Open Space, and Pawn Shop
- Increased maximum building height from 30’ to 35’ in R-1, R-2A, R-2B, R-2C, and R-3
- Reduced R-4 Town House minimum lot width from 25’ to 20’ (attached town houses) and clarified number of units per structure requirement
- Removed the additional open space requirement for R-4 Town House
- Simplified the side yard setbacks in R-5 Apartment/Multi family to 10’ interior and 15’ corner.
- Update to PUD requirements to allow for smaller lot mixed-use developments (<2 acres)
- Modification to Commercial and Multi-family screening requirements to only require either a screening fence or a landscape buffer but not both.
- Reduced the landscape island size in parking lots to 9’ x 18’ (162 sq ft) to match parking space size.
- Reduced heritage tree mitigation ratio from 3:1 to 2:1
3. Comments from Proponents & Opponents
Ken Steiner - 12260 Welcome Drive – the accessory building was built as a playhouse, accessory building height 12.6 to 15 ft, the proposed height of 30’ is too high; definition should be added to identify the difference from an accessory building and playhouse. Texas A&M Engineering books defines a “story: as 10 ft high in a residential area. Changes in sidewalks ADA - state and federal states sidewalks must be constructed at 36 inches and most City sidewalks are 4ft.
Antoniette Moorhouse - 11501 Lone Shadow Trail – Complimented the Public Works crews. She also had concerns with the WM Carts contract and the current issues with the waste cans (City Attorney warned Ms. Moorhouse the comment was not related to the public hearing item under discussion). She closed by stating the public notice received was vague on the identification of the proposed changes to the code.
Margaret Zucco - 7513 Forest Edge - Sidewalks proposed to be change/ new sidewalks construction would have the 5 ft sidewalk on all new homes. (City Attorney stated a clarification of Ms. Zucco’s question would be provided at the end of “Public Comments.”)
Mr. Cox clarified the sidewalk changes will assist with pedestrian connectivity - AG statement /comment came out of the Comp Plan as the city grows and development standards - ADA standards are minimums only not conflicting. The sidewalk new standards would be for new development construction.
C. Receive public comments and testimony regarding an Ordinance for proposed revisions and updates to the City of Live Oak Code of Ordinances Appendix A – Zoning Regulations and Chapter 24 - Vegetation, as same may have heretofore been amended, modified or supplemented; adopting new regulations and requirements; providing a penalty clause; providing an effective date; providing a savings clause; repealing all prior Ordinances conflicting or inconsistent herewith; and further providing for severability.
1. Staff Presentation– Mr. Garfaoui presented the following during staff presentation:
- Comprehensive plan updates, removing conflicts, updates to definitions, screening and buffering, height requirements
- Updated definitions for Landscape Buffer, Open Space, and Pawn Shop
- Increased maximum building height from 30’ to 35’ in R-1, R-2A, R-2B, R-2C, and R-3
- Reduced R-4 Town House minimum lot width from 25’ to 20’ (attached town houses) and clarified number of units per structure requirement
- Removed the additional open space requirement for R-4 Town House
- Simplified the side yard setbacks in R-5 Apartment/Multi-family to 10’ interior and 15’ corner.
- Update to PUD requirements to allow for smaller lot mixed-use developments (<2 acres)
- Modification to Commercial and Multi-family screening requirements to only require either a screening fence or a landscape buffer but not both.
- Reduced the landscape island size in parking lots to 9’ x 18’ (162 sq ft) to match parking space size.
- Reduced heritage tree mitigation ratio from 3:1 to 2:1
Mr. Bryce Cox provided the detailed changes in the following presentationArticle I
- Reorganization of the articles and sections to a logical layout of similarity grouped regulations and recodified to allow for future expansion or modification
- Updates and additions to the definitions
Article III
- Updated provisions for accessory dwelling units in R-1
- Separation of Garden Home Districts R-2 A, B, & C
- Updates to Planned Unit Development District (PUD) standards
- Adjustments to maximum building heights in residential districts
- Limitation on accessory building height
- Reduction in lot width and area for attached townhomes in R-4
- Removal of additional open space requirements for townhomes in R-4
- Adjustments to maximum building height in commercial districts
Article IV
- Consolidation of similar land uses on the schedule of land uses
- Addition of new uses including: Accessory dwelling units, Ice Making/water stations, mobile food vending (accessory use only), restaurant/refreshment stand (drive-through only), Short term rental, smoke shops/CBD, smoking lounges/ tattoo/piercing studio/temporary sales (parking lot vendors)
Article V
- Updated home occupation standards
- Addition of new provisions for outdoor display and storage
- New provisions for hotel design
Article VI
- Relocation and consolidation of vegetation requirements from code of ordinances Chapter 24
- New screening requirements for trash receptacles and dumpsters
- Relocation and updates to screening and buffering requirements between zoning districts
- Addition of buffering requirements for new residential subdivisions along major and secondary roadways.
- Screening requirements for outdoor accessory equipment and appliances
- Screening requirements for loading docks and truck bays
- Updated landscaping requirements including provisions for:
- Front of lot trees and landscaped edge
- Landscape screening of parking lots
- Planter islands in parking lots
- Residential tree plantings
- Updates to mitigation and preservation requirements to encourage thoughtful site design and tree preservation
Article VII
- General updates to parking regulations
- Addition of electric vehicle charging stations
- Updated off-street parking schedule
- New provisions to address new or unscheduled uses for off-street parking
- New stacking and queuing regulations for drive-through facilities and pick-up/drop-off locations
Article VIII
- Relocation and consolidation of sign regulations from code of ordinances Appendix B
Article XI
- Relocation and consolidation of Planning and Zoning Commission from code of ordinances Chapter 17
- Updated and simplified language for Board of Adjustment
- Relocation and consolidation of the Tree Care Board and Tree Care programs
Article XII
- Updated procedures for zoning related applications
- Establishment of new procedures for annexation, comprehensive land plan amendments, planned unit developments, specific use permits, variances, special exceptions, and appeals
- Special exceptions list increased to allow for more flexibility in site design for unique and in-fill sites
- Updates to the public hearing process to allow for both individual and joint public hearings by Boards, Commissions, and City Council
Article XIII
- Relocation and consolidation of enforcement and violation provisions
Changes based on Feedback:
- Updated definitions for landscape buffer, open space, and pawn shops
- Increased maximum building height from 30’ to 35’ in R-1, R-2A, R-2B, R-2C, and R-3
- Reduced R-4 Town House minimum lot width from 25’ to 20’ (attached town houses) and clarified number of units per structure requirement
- Removed the addition open space requirement for R-4 Town House
- Simplified side yard setbacks in R-5 Apartment/Multi-family to 10’ interior and 15’ corner.
- Update to PUD requirements to allow for smaller lot mixed-use developments (less than 2 acres)
- Modification to commercial and multi-family screening requirements to only require either a screening fence or a landscape buffer but not both
- Reduced the landscape island size in parking lots to 9’ x 18’ (162 sq ft) to match parking space size
- Reduce heritage tree mitigation ration from 3:1 to 2:1
- Front of lot trees and landscaped edge
- Landscape screening of parking lots
- Planter islands in parking lots
- Residential tree plantings
Jul 21, 2022 Joint Public Hearing of The City Council and Planning & Zoning Commission
5. JOINT PUBLIC HEARING opened at 6:38 p.m.
B. Receive public comments and testimony regarding an Ordinance for proposed revisions and updates to the City of Live Oak Code of Ordinances Chapter 21– Subdivision Regulations, as same may have heretofore been amended, modified or supplemented; adopting new regulations and requirements; providing a penalty clause; providing an effective date; providing a savings clause; repealing all prior Ordinances conflicting or inconsistent herewith; and further providing for severability.
1. Staff Presentation Staff Presentation - Anas Garfaoui provided the following during the Staff presentation: Comprehensive Plan updates
- Staff review resulted in removing conflicts within the current Code
- Updates to definitions and Land Uses
- Screen and buffering
- Height requirements
- Legislative Updates dictated the changes made to the Code
- Updated Platting Requirements
- Infrastructure
Mr. Garfaoui introduced Bryce Cox, Planner with the City’s Attorney’s office to provide an in depth look at the changes:
Comprehensive Plan had recommended updated City’s codes to Align zoning districts with Future Land Use Plan place types; Incorporate standards for Access Management
Allow for zoning flexibility for small business; Incorporate development guidelines to address screening and buffering and height transition from non-residential to residential land uses; and establish/update landscaping standards for commercial and residential uses.
Article I- Updates and additions to the definitions
- New Section establishing the development manual which contains all the development applications, forms and checklists
- Addition of vested rights requirements and request procedure
Article II - Procedures (entirely new)
- Established certification of technical exhibits, vacating plat, subdivision improvement agreements
Art III –
- Updated provisions for accessory dwelling units in R-1
- Separation of Garden Home Districts R-2 A, B, & C
- Updates to Planned Unit Development District (PUD) standards
- Adjustments to maximum building height in residential districts
- Limitation on accessory building height
- Reduction in lot width and area for attached townhomes in R-4
- Removal of additional open space requirement for townhomes in R-4
- Adjustments to maximum building height in commercial districts
Art. IV
- Addition of new uses including
- Accessory dwelling units
- Ice making/ water station
- Mobile food vending (accessory use only)
- Restaurant/ refreshment stand (drive-through only)
- Short term rental
- Smoke shops/ CB
- Smoking lounges
- Tattoo/piercing studio
- Temporary sales (parking lot vendors)
Article VII
- General updates to parking regulations
- Addition of electric vehicle charging stations
- Updated off-street parking schedule
- New provisions to address new or unscheduled uses for off-street parking
- New stacking and queuing regulations for drive-through facilities and pick-up/ drop-off locations
Article VIII
- Relocation and consolidation of sign regulations from code of ordinances Appendix-B
Article XI
- Relocation and consolidation of Planning and Zoning Commission from code of ordinances Chapter 17
- Updated and simplified language for Board of Adjustment
- Relocation and consolidation of the Tree Care Board and tree care program
Article XII
- Updated procedures for zoning related applications
- Establishment of new procedures for annexation, comprehensive land plan amendments, planned unit developments, specific use permits, variances, special exceptions, and appeals
- Special exceptions list increased to allow for more flexibility in site design for unique and in-fill sites
- Updates to the public hearing process to allow for both individual and joint public hearings by Boards, Commissions and City Council
Article XIII Relocation and consolidation of enforcement, violation, and penalty provision Changes made based on Feedback:
- Updated definitions for Landscape Buffer, Open Space, and Pawn Shop
- Increased maximum building height from 30’ to 35’ in R-1, R-2A, R-2B, R-2C, and R-3
- Reduced R-4 Town House minimum lot width from 25’ to 20’ (attached town houses) and clarified number of units per structure requirement
- Removed the additional open space requirement for R-4 Town House
- Simplified the side yard setbacks in R-5 Apartment/Multi family to 10’ interior and 15’ corner.
- Update to PUD requirements to allow for smaller lot mixed-use developments (<2 acres)
- Modification to Commercial and Multi-family screening requirements to only require either a screening fence or a landscape buffer but not both.
- Reduced the landscape island size in parking lots to 9’ x 18’ (162 sq ft) to match parking space size.
- Reduced heritage tree mitigation ratio from 3:1 to 2:1
3. Comments from Proponents & Opponents
Ken Steiner - 12260 Welcome Drive – the accessory building was built as a playhouse, accessory building height 12.6 to 15 ft, the proposed height of 30’ is too high; definition should be added to identify the difference from an accessory building and playhouse. Texas A&M Engineering books defines a “story: as 10 ft high in a residential area. Changes in sidewalks ADA - state and federal states sidewalks must be constructed at 36 inches and most City sidewalks are 4ft.
Antoniette Moorhouse - 11501 Lone Shadow Trail – Complimented the Public Works crews. She also had concerns with the WM Carts contract and the current issues with the waste cans (City Attorney warned Ms. Moorhouse the comment was not related to the public hearing item under discussion). She closed by stating the public notice received was vague on the identification of the proposed changes to the code.
Margaret Zucco - 7513 Forest Edge - Sidewalks proposed to be change/ new sidewalks construction would have the 5 ft sidewalk on all new homes. (City Attorney stated a clarification of Ms. Zucco’s question would be provided at the end of “Public Comments.”)
Mr. Cox clarified the sidewalk changes will assist with pedestrian connectivity - AG statement /comment came out of the Comp Plan as the city grows and development standards - ADA standards are minimums only not conflicting. The sidewalk new standards would be for new development construction.
C. Receive public comments and testimony regarding an Ordinance for proposed revisions and updates to the City of Live Oak Code of Ordinances Appendix A – Zoning Regulations and Chapter 24 - Vegetation, as same may have heretofore been amended, modified or supplemented; adopting new regulations and requirements; providing a penalty clause; providing an effective date; providing a savings clause; repealing all prior Ordinances conflicting or inconsistent herewith; and further providing for severability.
1. Staff Presentation– Mr. Garfaoui presented the following during staff presentation:
- Comprehensive plan updates, removing conflicts, updates to definitions, screening and buffering, height requirements
- Updated definitions for Landscape Buffer, Open Space, and Pawn Shop
- Increased maximum building height from 30’ to 35’ in R-1, R-2A, R-2B, R-2C, and R-3
- Reduced R-4 Town House minimum lot width from 25’ to 20’ (attached town houses) and clarified number of units per structure requirement
- Removed the additional open space requirement for R-4 Town House
- Simplified the side yard setbacks in R-5 Apartment/Multi-family to 10’ interior and 15’ corner.
- Update to PUD requirements to allow for smaller lot mixed-use developments (<2 acres)
- Modification to Commercial and Multi-family screening requirements to only require either a screening fence or a landscape buffer but not both.
- Reduced the landscape island size in parking lots to 9’ x 18’ (162 sq ft) to match parking space size.
- Reduced heritage tree mitigation ratio from 3:1 to 2:1
Mr. Bryce Cox provided the detailed changes in the following presentationArticle I
- Reorganization of the articles and sections to a logical layout of similarity grouped regulations and recodified to allow for future expansion or modification
- Updates and additions to the definitions
Article III
- Updated provisions for accessory dwelling units in R-1
- Separation of Garden Home Districts R-2 A, B, & C
- Updates to Planned Unit Development District (PUD) standards
- Adjustments to maximum building heights in residential districts
- Limitation on accessory building height
- Reduction in lot width and area for attached townhomes in R-4
- Removal of additional open space requirements for townhomes in R-4
- Adjustments to maximum building height in commercial districts
Article IV
- Consolidation of similar land uses on the schedule of land uses
- Addition of new uses including: Accessory dwelling units, Ice Making/water stations, mobile food vending (accessory use only), restaurant/refreshment stand (drive-through only), Short term rental, smoke shops/CBD, smoking lounges/ tattoo/piercing studio/temporary sales (parking lot vendors)
Article V
- Updated home occupation standards
- Addition of new provisions for outdoor display and storage
- New provisions for hotel design
Article VI
- Relocation and consolidation of vegetation requirements from code of ordinances Chapter 24
- New screening requirements for trash receptacles and dumpsters
- Relocation and updates to screening and buffering requirements between zoning districts
- Addition of buffering requirements for new residential subdivisions along major and secondary roadways.
- Screening requirements for outdoor accessory equipment and appliances
- Screening requirements for loading docks and truck bays
- Updated landscaping requirements including provisions for:
- Front of lot trees and landscaped edge
- Landscape screening of parking lots
- Planter islands in parking lots
- Residential tree plantings
- Updates to mitigation and preservation requirements to encourage thoughtful site design and tree preservation
Article VII
- General updates to parking regulations
- Addition of electric vehicle charging stations
- Updated off-street parking schedule
- New provisions to address new or unscheduled uses for off-street parking
- New stacking and queuing regulations for drive-through facilities and pick-up/drop-off locations
Article VIII
- Relocation and consolidation of sign regulations from code of ordinances Appendix B
Article XI
- Relocation and consolidation of Planning and Zoning Commission from code of ordinances Chapter 17
- Updated and simplified language for Board of Adjustment
- Relocation and consolidation of the Tree Care Board and Tree Care programs
Article XII
- Updated procedures for zoning related applications
- Establishment of new procedures for annexation, comprehensive land plan amendments, planned unit developments, specific use permits, variances, special exceptions, and appeals
- Special exceptions list increased to allow for more flexibility in site design for unique and in-fill sites
- Updates to the public hearing process to allow for both individual and joint public hearings by Boards, Commissions, and City Council
Article XIII
- Relocation and consolidation of enforcement and violation provisions
Changes based on Feedback:
- Updated definitions for landscape buffer, open space, and pawn shops
- Increased maximum building height from 30’ to 35’ in R-1, R-2A, R-2B, R-2C, and R-3
- Reduced R-4 Town House minimum lot width from 25’ to 20’ (attached town houses) and clarified number of units per structure requirement
- Removed the addition open space requirement for R-4 Town House
- Simplified side yard setbacks in R-5 Apartment/Multi-family to 10’ interior and 15’ corner.
- Update to PUD requirements to allow for smaller lot mixed-use developments (less than 2 acres)
- Modification to commercial and multi-family screening requirements to only require either a screening fence or a landscape buffer but not both
- Reduced the landscape island size in parking lots to 9’ x 18’ (162 sq ft) to match parking space size
- Reduce heritage tree mitigation ration from 3:1 to 2:1
- Front of lot trees and landscaped edge
- Landscape screening of parking lots
- Planter islands in parking lots
- Residential tree plantings
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