5. JOINT PUBLIC HEARING
A. Public Hearing – Receive public comments and testimony to receive public comments and testimony regarding amendment to the Code of Ordinances, Appendix A – Schedule of Uses- Commercial and Related Service Uses-(Contractors Storage/equipment yard) to allow for a Specific Use Permit in a B-3 General Business District – M. Hornes
1. Staff Presentation- Michael Hornes made the following presentation:
- Commercial and Related Service Uses, currently, there is a category for Contractors Storage/equipment yard.
- Live Oak has a few areas that abut highways that would be desirable locations for such requests.
- The current category is allowed only in our industrial zones. It’s allowed by right in an I-1 (Light industrial) and by Specific Use Permit in an I-2 (Medium Industrial).
- Adding this option would provide the Planning & Zoning and City Council with additional options to consider for development in the future
- The Commission and Council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the ordinance and to mitigate adverse effects of the proposed us.
- Examples of these restrictions could be increased open space, loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks.
- The process would require an application fee, informing their intent, supply documentation, and the process would require a joint public hearing and the City Council would have the final decision on such cases.
- Staff is recommending adding an allowance in the B-3 (General Business District) through a Specific Use Permit for this use.
3. Question & Comments from Council & Commission-
Q&A
Councilwoman Perez asked for risk benefits, quality of life, finances transportation and general impact to changing the current Schedule of Uses for this category; Mr. Hornes explained the Specific Use process is the only ability for a planning commission and Council to force conditions onto the developer. If the Schedule of uses indicate an “X” which means allowed by right, the developer is allowed to proceed without any city planning review process. The SUP provides staff with a vetting process and Council a denial process.
Councilman Dahl asked if this change request was for a particular parcel or just to update an aging aspect of the B-3 Zoning in the Subdivision Ordinance; Mr. Hornes answered “no” it would be to consider areas in the B-3 zoning located near highway commercial areas that would be most affected by the proposed change.
Councilman Dahl continued by clarifying if the City could set parameters to restrict the use within a determined amount of feet of residentially zoned property or to restrict only the areas off the major thoroughfares to clarify these effected areas for developers; Mr. Hornes stated he would argue the point of “by right” it should be allowed, and if it is by Specific Use Permit, the developer would have already spoken to staff about the proposed project before making application for the request. There should be a responsibility of the developer to complete a due diligence before applying or making a submittal to staff. He closed by stating placing parameters on it would be difficult because it would involve several categories in the Schedule of Uses and each scenario would have to be identified.
Mayor Pro Tem Cimics asked for clarification on the consequences if City Council votes not to approve the change; Mr. Hornes explained every avenue that would apply legally for the City on how they would proceed.
Commissioner Rosenbaum commented that the Codes in place allows for a “variance” process and didn’t feel the change to the Schedule of Uses was necessary.
Alt. Commissioner Llamas confirmed that the topic has been discussed during the Planning & Zoning workshops and the research has been completed.
Councilwoman Perez asked what inquiry brought the topic to staff; Mr. Hornes stated staff has received many of this type of request in the recent years and staff saw the need for a change or at least a review to this section of the Code.
Chairman Kochan commented that by changing the classification to require a Specific Use Permit (SUP), the City has more control on property’s restrictions.
Councilwoman Perez concurred with Chairman Kochan and added the change would create a “safety net” for the City; Mr. Hornes commented it would be more of a procedural portion that staff must fulfill.
Councilman Dahl commented the same provision before the Commission and Council is afforded to developers within the surrounding cities.
Mayor Pro Tem Cimics asked for clarification on who the governing body would be to authorize the final approval on the SUP; Mr. Hornes confirmed it would be the City Council after receiving a recommendation from the Planning & Zoning Commission.
Mayor Pro Tem Cimics asked staff for the available amount of acres of commercial were remaining to be developed; Mr. Hornes answered approximately 380 acres.
Chairman Kochan asking for clarification on whether a granted SUP would remain with the requesting property owner and or with the granted property location; Mr. Hornes the granted SUP would only stay for the life of the business on the property.
6. ADJOURNMENT I certify that the above notice of meeting was posted on the bulletin board of the City Hall, 8001 Shin Oak Drive, City of Live Oak, Texas, on July 15, 2021 at 5:00 p.m.
6. GENERAL ANNOUNCEMENTS AND DISCUSSION
B. Staff: City event, meeting information, upcoming ribbon cutting/grand opening dates and times and special acknowledgements.
* Next P&Z Meeting – Joint Public Meeting with City Council - August 19, 2021 @ 6:30 p.m.
* Workshop – September 16, 2021 @ 6:00 p.m.-
Mr. Hornes announced the September workshop will be the last one.
* Alt. Commissioner Holly Nguyen resigned from the Planning & Zoning Commission to join the Economic Development Corporation.
* Mr. Hornes stated he attended the Northeast Lakeview STEM Building’s TOP OUT Ceremony. The new structure will house 100 students within the STEM building by next fall and NELC received 7.7 million dollars to build a Veterans Center in the near future.
Jul 22, 2021 Joint Public Hearing with City Council and Planning & Zoning Commission
5. JOINT PUBLIC HEARING
A. Public Hearing – Receive public comments and testimony to receive public comments and testimony regarding amendment to the Code of Ordinances, Appendix A – Schedule of Uses- Commercial and Related Service Uses-(Contractors Storage/equipment yard) to allow for a Specific Use Permit in a B-3 General Business District – M. Hornes
1. Staff Presentation- Michael Hornes made the following presentation:
- Commercial and Related Service Uses, currently, there is a category for Contractors Storage/equipment yard.
- Live Oak has a few areas that abut highways that would be desirable locations for such requests.
- The current category is allowed only in our industrial zones. It’s allowed by right in an I-1 (Light industrial) and by Specific Use Permit in an I-2 (Medium Industrial).
- Adding this option would provide the Planning & Zoning and City Council with additional options to consider for development in the future
- The Commission and Council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of the ordinance and to mitigate adverse effects of the proposed us.
- Examples of these restrictions could be increased open space, loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks.
- The process would require an application fee, informing their intent, supply documentation, and the process would require a joint public hearing and the City Council would have the final decision on such cases.
- Staff is recommending adding an allowance in the B-3 (General Business District) through a Specific Use Permit for this use.
3. Question & Comments from Council & Commission-
Q&A
Councilwoman Perez asked for risk benefits, quality of life, finances transportation and general impact to changing the current Schedule of Uses for this category; Mr. Hornes explained the Specific Use process is the only ability for a planning commission and Council to force conditions onto the developer. If the Schedule of uses indicate an “X” which means allowed by right, the developer is allowed to proceed without any city planning review process. The SUP provides staff with a vetting process and Council a denial process.
Councilman Dahl asked if this change request was for a particular parcel or just to update an aging aspect of the B-3 Zoning in the Subdivision Ordinance; Mr. Hornes answered “no” it would be to consider areas in the B-3 zoning located near highway commercial areas that would be most affected by the proposed change.
Councilman Dahl continued by clarifying if the City could set parameters to restrict the use within a determined amount of feet of residentially zoned property or to restrict only the areas off the major thoroughfares to clarify these effected areas for developers; Mr. Hornes stated he would argue the point of “by right” it should be allowed, and if it is by Specific Use Permit, the developer would have already spoken to staff about the proposed project before making application for the request. There should be a responsibility of the developer to complete a due diligence before applying or making a submittal to staff. He closed by stating placing parameters on it would be difficult because it would involve several categories in the Schedule of Uses and each scenario would have to be identified.
Mayor Pro Tem Cimics asked for clarification on the consequences if City Council votes not to approve the change; Mr. Hornes explained every avenue that would apply legally for the City on how they would proceed.
Commissioner Rosenbaum commented that the Codes in place allows for a “variance” process and didn’t feel the change to the Schedule of Uses was necessary.
Alt. Commissioner Llamas confirmed that the topic has been discussed during the Planning & Zoning workshops and the research has been completed.
Councilwoman Perez asked what inquiry brought the topic to staff; Mr. Hornes stated staff has received many of this type of request in the recent years and staff saw the need for a change or at least a review to this section of the Code.
Chairman Kochan commented that by changing the classification to require a Specific Use Permit (SUP), the City has more control on property’s restrictions.
Councilwoman Perez concurred with Chairman Kochan and added the change would create a “safety net” for the City; Mr. Hornes commented it would be more of a procedural portion that staff must fulfill.
Councilman Dahl commented the same provision before the Commission and Council is afforded to developers within the surrounding cities.
Mayor Pro Tem Cimics asked for clarification on who the governing body would be to authorize the final approval on the SUP; Mr. Hornes confirmed it would be the City Council after receiving a recommendation from the Planning & Zoning Commission.
Mayor Pro Tem Cimics asked staff for the available amount of acres of commercial were remaining to be developed; Mr. Hornes answered approximately 380 acres.
Chairman Kochan asking for clarification on whether a granted SUP would remain with the requesting property owner and or with the granted property location; Mr. Hornes the granted SUP would only stay for the life of the business on the property.
6. ADJOURNMENT I certify that the above notice of meeting was posted on the bulletin board of the City Hall, 8001 Shin Oak Drive, City of Live Oak, Texas, on July 15, 2021 at 5:00 p.m.
6. GENERAL ANNOUNCEMENTS AND DISCUSSION
B. Staff: City event, meeting information, upcoming ribbon cutting/grand opening dates and times and special acknowledgements.
* Next P&Z Meeting – Joint Public Meeting with City Council - August 19, 2021 @ 6:30 p.m.
* Workshop – September 16, 2021 @ 6:00 p.m.-
Mr. Hornes announced the September workshop will be the last one.
* Alt. Commissioner Holly Nguyen resigned from the Planning & Zoning Commission to join the Economic Development Corporation.
* Mr. Hornes stated he attended the Northeast Lakeview STEM Building’s TOP OUT Ceremony. The new structure will house 100 students within the STEM building by next fall and NELC received 7.7 million dollars to build a Veterans Center in the near future.
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