Video index

1. CALL TO ORDER at 6:27 p.m. by Mayor Mary M. Dennis

2. INVOCATION/PLEDGE OF ALLEGIANCE - A moment of silence was observed and the Pledge of Allegiance was recited.

3. ROLL CALL

4. JOINT PUBLIC HEARING - Mayor Dennis opened the Joint Public Hearing at 6:02 p.m. by reading the legal description for the record.

A. SU-19-001 - PUBLIC HEARING ITEM on a Specific Use Permit request. The owner of Live Oak Liquor has made a request to allow, with a Specific Use Permit, a package store in a B-2 Neighborhood Business District, located in the Brentwood Plaza Shopping Center at 12107 Toepperwein Rd., Ste. 5. The property is situated on the north side of Toepperwein Road approximately 1100 feet southeast of the intersection of Judson Road and Toepperwein Road.

1. Staff Presentation - Ms. Matney gave a brief overview of the Joint Public Hearing procedures. She continued by explaining the reason for the applicant submittal with the following:

B-2 Business District would require a Specific Use Permit to operate a Package (liquor) store with a Joint Public Hearing.

Public Notices were mailed to all property owners within 200 ft. and legal notices were submitted to the NE Herald to run two consecutive issues.

Any 200 ft. property owners present will have an opportunity to verbalize their opinions of the SUP submittal.

Any 200 ft. property owners that submitted their opinions in writing via US Postal Service will be read aloud for the official record.

The Planning & Zoning Commission during the regular meeting will make a recommendation to City Council at their next regularly scheduled City Council meeting for this SUP request.

Live Oak Liquors (LOL) currently operate a package store at 12107 Toepperwein Road, Suite 6 (which has a current SUP) while also leasing the unoccupied Suite 5.

The SUP request is for Suite 5.

The owners plan to expand the package store and utilize suite 6 as office space and storage only and the alcohol sales would move to Suite 5 offering a larger space for inventory and spacious customer walk space.

A second SUP would be required for the business expansion plan.

Ms. Matney introduced the owner Tamara and Paras Arora for applicant presentation.

Staff Summary

2. Applicant Presentation (10 minutes max) - Mrs. Tamara Arora presented the applicant presentation with a Power Point indicating the following:

SUP request made for the purpose of expanding the home office of LOL Liquors.

Purchased the liquor store in 2013

The current suite does not offer the storage capacity for the growing business

In 2014 LOL expanded to the West side of San Antonio and the owner moved their residency to Live Oak

In 2018 LOL expanded to the city of Schertz on Hwy 78 keeping the “home base” in Live Oak on Toepperwein.

Wider aisle for inventory and customers while offering ADA bathroom accessibility.

Provided the floor plan for the new suite.

The new suite would allow for small scale distributions to local bars and restaurants.

3. Comments by Proponents and Opponents

Joyce Williams, owner of Williams Confectionery Crafts located at 12107 Toepperwein, Ste. 5A & resides at 7801 Forest Path, Live Oak, Texas. In business at this location for 13 years. Ms. Williams is in support of LOL Liquors expansion plan.

Rick Page, owner of Front Page Photography located at 12107 Toepperwein, Ste. 9 & resides in Live Oak, Texas. Mr. Page opposes the expansion of LOL Liquors.

Suzanne Hildebrand – residing at 7806 Forest Run, Live Oak, Texas. Ms. Hildebrand supports the expansion plan.

4. Close Public Hearing - Hearing no further testimony or public comments; Mayor Dennis closed the Joint Public Hearing at 6:49 p.m. Motion was made to close hearing by Councilman Ed Cimics; seconded by Councilman Anthony Brooks.

5. ADJOURNMENT at 6:49 p.m.

1. CALL TO ORDER - Chairman Johnson called the Public Hearing and Regular meeting of the Planning & Zoning Commission to order at 6:54 p.m.

2. ROLL CALL

Present

Vice Chairman Rebecca Kochan
Chairman Harvey Johnson
Commissioner Becky Hovermale
Commissioner Bill Umphlett
Alt. Commissioner Ernest Rosenbaum
Alt. Commissioner Gary Woppert
Alt. Commissioner Tom Kusek

Absent
Commissioner John Glowacz (Excused)

3. CONSENT AGENDA

A. APPROVAL OF MINUTES – Special Public Hearing & Regular Meeting – December 13, 2018

Special Public Hearing & Regular Meeting-December 13, 2018

4. PUBLIC HEARING ITEM - Chairman Johnson opened the Public Hearing at 7:02 p.m. and read the legal description for the official record.

A. Broll Homes LLC has made a request for a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) – Property described as a 4.95 Acre Tract located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance.

Chairman Johnson read the legal description for the official record.

1. Staff Presentation – Ms. Matney made staff presentation with the following points to the Commission: City of Live Oak’s Subdivision Ordinance requires two public access onto a public street for any subdivision.

Our Code allows for a “waiver” for such a request. A waiver has been submitted by the applicant for both Unit 1 & 2 for the Trumbal Townhome project.

Should the Commission vote to accept the waiver; the waiver would be reflected on the plats for filing with Bexar County.

Unit 1 is a 4.95 acre tract and Unit 2 is a 3.585 acre tract to include a 50 foot egress and ingress easement that runs down the middle of the two tracts.

The 50 foot easement is not owned by the same owner of Unit 1 & 2

Should the waiver be approved, this would allow for a crossing of the easement providing a secondary access to Unit 2.

The City Engineer has reviewed the waiver and is available for clarification during the proceedings.

Ms. Matney introduced Nadia Lopez with Klein & Cope Engineering Inc. to make the applicant presentation.

Staff Report

2. Applicant Presentation (10 minutes max) - Applicant Presentation (10 minutes max) Nadia Lopez- Klein & Cope Engineering Inc. - 8611 Botts Lane, San Antonio, Texas 78217. Ms. Lopez presented the following: Each tract will have one entrance onto an existing roadway

Each tract will effectively have a secondary entrance through

The property currently has multi-family surrounding the Trumbal property

The private drive will be constructed to meet the design requirements for public streets

The private drive will have concrete flush curbs instead of stand up curbs to facilitate the intended use of the existing access easement.

The crossover easement would be maintained by the Trumbal Townhome HOA.

Ms. Matney reminded the Commission that Public Hearing Item 4A is the public hearing for the 4.95 tract only, Item 4B would be the Public Hearing for 4B.

3. Comments by Proponents and Opponents - None present

4. Close Public Hearing - Chairman Johnson closed this portion of the public hearing at 7:07 p.m.

B. Broll Homes LLC request for a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) – Property described as a 3.585 Acre Tract located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance.

Chairman Johnson read the legal description for the official record.

1. Staff Presentation – Ms. Matney made staff presentation with the following points to the Commission: Unit 2 is a 3.585 acre tract to include a 50 foot egress and ingress easement that runs down the middle of the two tracts.

The City Engineer has reviewed the waiver and is available for clarification during the proceedings.

She closed the staff presentation by stating the presentation for Unit 1 is the same for Unit 2 and she offered to answer questions.

Staff Report

2. Applicant Presentation (10 minutes max) - Ms. Lopez did not have any additional information to add.

3. Comments by Proponents and Opponents - – None present

4. Close Public Hearing

5. NEW BUSINESS

A. Discussion and Possible Action on Joint Public Hearing item (Specific Use Permit) #SU-19-001 regarding a recommendation to City Council for request made by Paras Arora, owner of Live Oak Liquors to open a package store in a B-2 Neighborhood Business District located at 12107 Toepperwein Rd., Ste. 5 for the purpose of selling alcoholic beverages in the additional suite.

Ms. Matney stated this would be the action item for the request made by LOL Liquors for a Specific Use Permit and concluded that Staff had no objections to the request.

Vice Chairman Rebecca Kochan made a motion to send a recommendation to the City Council to grant a Specific Use Permit (SU-19-001) to operate a package store in a B-2 Neighborhood Business District located at 12107 Toepperwein Road, Suite 5 for the purpose of selling alcoholic beverages in an additional suite; selling alcoholic beverages in the additional suite.; seconded by Commissioner Becky Hovermale

Staff Report

B. Discussion and Possible Action on Public hearing item regarding a request for waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) on a 4.95 acre tract of land located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance – J. Matney
Vice Chairman Rebecca Kochan made a motion to approve a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52© on a 4.95 acre tract of land located at the north corner of Trumbal and Old Spanish Trail requiring a minimum of two public accesses to existing public streets as stated in the ordinance with the following requirements:

Each tract will have one entrance onto an existing roadway

Each tract will have a second entrance through the other via a private drive constructed across the existing 50’ access easement separating the tracts

The 50’ private drive will be owned and maintained by a Home Owners Association covering the two townhome subdivisions

The Private drive will be constructed to meet the design requirements for public streets within the City of Live Oak except,

The Private drive will have concrete flush curbs instead of stand up curbs to facilitate the intended use of the existing access easement.

The motion was seconded by Commissioner Bill Umphlett

Staff Report

C. Discussion and Possible Action on public hearing item regarding a request for waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) on a 3.585 acre tract of land located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance – J. Matney

Commissioner Bill Umphlett made a motion to approve a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52© on a 3.585 acre tract of land located at the north corner of Trumbal and Old Spanish Trail requiring a minimum of two public accesses to existing public streets as stated in the ordinance with the following requirements:

Each tract will have one entrance onto an existing roadway

Each tract will have a second entrance through the other via a private drive constructed across the existing 50’ access easement separating the tracts

The 50’ private drive will be owned and maintained by a Home Owners Association covering the two townhome subdivisions

The Private drive will be constructed to meet the design requirements for public streets within the City of Live Oak except,

The Private drive will have concrete flush curbs instead of stand up curbs to facilitate the intended use of the existing access easement.

The motion was seconded by Commissioner Becky Hovermale

Staff Report

D. Presentation, Discussion and possible action concerning a recommendation to City Council to update restrictions on carports in the front setback – J. Matney
Ms. Matney provided the following presentation:

The current Ordinance allows Construction of carports into the front setback, no closer than 10 feet from the front property line;

Carports must be open with no sides, not to exceed 20 feet in height with a minimum of 10 foot clearance;

Carports must match the permanent home structure in materials, design and color.

Council has asked the Planning & Zoning Commission to review the Ordinance for further encroachment into the front setback, up to 5 feet from the property line. Ms. Matney closed by stating furthermore, Council has asked the P&Z Commission to clarify or amend the language of the Ordinance for a better understanding by citizens. If the Commission choses to make a recommendation, Council would receive the recommendation at the March 12^th Council meeting. Staff would then receive direction from Council on the direction they vote to proceed. A Public Hearing would be held on March 21^st for a final recommendation for the verbiage on the Ordinance to the City Council. City Council would make the final decision on March 26^th at the regular City Council meeting along with placing Public notices in the Northeast Herald to inform the public.

Q&A
Commissioner Umphlett wanted clarification on the materials matching the existing structure; Ms. Matney explained the materials used should be complimentary of the materials used on the current structure. Brick colors & manufacturers change throughout the years and something similar will be chosen at that time to match the new carport.

Vice Chairman Kochan asked for clarification of the setback measurements for the homes that do not have sidewalks but would in the future be within the 10 foot setback; Ms. Matney stated it would be within the setback. They would measure 10 feet from the curb, then 20 to 25 from that point to get the correct measurement.

Commissioner Kusek asked how the original measurements were decided; Ms. Matney stated the measurement was originally derived to prevent a “tunnel” effect as you drive down the street.

Ms. Lowder interjected that some members of the audience had signed up for “Citizen’s to be Heard.”

1.Suzanne Hildebrand – 7806 Forest Run, Live Oak, Texas 78233 – Opposes the carport ordinance setback change but does support the construction of a carport.

2.Thomas Obrien – 13000 Welcome Drive, Live Oak, Texas 78233 – In favor of the construction of a carport but opposes the setback changes. He advises the language should “simply” read 15 feet from curb.

Ms. Matney stated staff’s recommendation would be to keep the language that states “10 feet or 5’ from property line” and add “typically or traditionally 15 or 20 feet from the curb.” It’s important that the emphasis remains on the “property line” for clarification for the different residential zones. It will be an education process and the language must be clearer for the citizens.

Commissioner Bill Umphlett made a motion to make a recommendation to City Council to update restrictions on carports in the front setback; seconded by Vice Chairman Rebecca Kochan

Staff Report

6. GENERAL ANNOUNCEMENTS AND DISCUSSION

A. Commission - None

B. Staff - Ms. Lowder - upcoming ribbon cuttings and city events: March 13th at noon- 12702 Toepperwein, Ste. 104.

Ms. Matney - Upcoming P&Z meetings, JPH, Public Hearing - March 21st immediately following the adjournment of the BOA.

7. 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 February 14, 2019 at 3:00 p.m.

Feb 21, 2019 Planning & Zoning Commission & City Council Joint Public Hearing, Public Hearing & Regular Meeting

Full agenda
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1. CALL TO ORDER at 6:27 p.m. by Mayor Mary M. Dennis

2. INVOCATION/PLEDGE OF ALLEGIANCE - A moment of silence was observed and the Pledge of Allegiance was recited.

3. ROLL CALL

4. JOINT PUBLIC HEARING - Mayor Dennis opened the Joint Public Hearing at 6:02 p.m. by reading the legal description for the record.

A. SU-19-001 - PUBLIC HEARING ITEM on a Specific Use Permit request. The owner of Live Oak Liquor has made a request to allow, with a Specific Use Permit, a package store in a B-2 Neighborhood Business District, located in the Brentwood Plaza Shopping Center at 12107 Toepperwein Rd., Ste. 5. The property is situated on the north side of Toepperwein Road approximately 1100 feet southeast of the intersection of Judson Road and Toepperwein Road.

1. Staff Presentation - Ms. Matney gave a brief overview of the Joint Public Hearing procedures. She continued by explaining the reason for the applicant submittal with the following:

B-2 Business District would require a Specific Use Permit to operate a Package (liquor) store with a Joint Public Hearing.

Public Notices were mailed to all property owners within 200 ft. and legal notices were submitted to the NE Herald to run two consecutive issues.

Any 200 ft. property owners present will have an opportunity to verbalize their opinions of the SUP submittal.

Any 200 ft. property owners that submitted their opinions in writing via US Postal Service will be read aloud for the official record.

The Planning & Zoning Commission during the regular meeting will make a recommendation to City Council at their next regularly scheduled City Council meeting for this SUP request.

Live Oak Liquors (LOL) currently operate a package store at 12107 Toepperwein Road, Suite 6 (which has a current SUP) while also leasing the unoccupied Suite 5.

The SUP request is for Suite 5.

The owners plan to expand the package store and utilize suite 6 as office space and storage only and the alcohol sales would move to Suite 5 offering a larger space for inventory and spacious customer walk space.

A second SUP would be required for the business expansion plan.

Ms. Matney introduced the owner Tamara and Paras Arora for applicant presentation.

Staff Summary

2. Applicant Presentation (10 minutes max) - Mrs. Tamara Arora presented the applicant presentation with a Power Point indicating the following:

SUP request made for the purpose of expanding the home office of LOL Liquors.

Purchased the liquor store in 2013

The current suite does not offer the storage capacity for the growing business

In 2014 LOL expanded to the West side of San Antonio and the owner moved their residency to Live Oak

In 2018 LOL expanded to the city of Schertz on Hwy 78 keeping the “home base” in Live Oak on Toepperwein.

Wider aisle for inventory and customers while offering ADA bathroom accessibility.

Provided the floor plan for the new suite.

The new suite would allow for small scale distributions to local bars and restaurants.

3. Comments by Proponents and Opponents

Joyce Williams, owner of Williams Confectionery Crafts located at 12107 Toepperwein, Ste. 5A & resides at 7801 Forest Path, Live Oak, Texas. In business at this location for 13 years. Ms. Williams is in support of LOL Liquors expansion plan.

Rick Page, owner of Front Page Photography located at 12107 Toepperwein, Ste. 9 & resides in Live Oak, Texas. Mr. Page opposes the expansion of LOL Liquors.

Suzanne Hildebrand – residing at 7806 Forest Run, Live Oak, Texas. Ms. Hildebrand supports the expansion plan.

4. Close Public Hearing - Hearing no further testimony or public comments; Mayor Dennis closed the Joint Public Hearing at 6:49 p.m. Motion was made to close hearing by Councilman Ed Cimics; seconded by Councilman Anthony Brooks.

5. ADJOURNMENT at 6:49 p.m.

1. CALL TO ORDER - Chairman Johnson called the Public Hearing and Regular meeting of the Planning & Zoning Commission to order at 6:54 p.m.

2. ROLL CALL

Present

Vice Chairman Rebecca Kochan
Chairman Harvey Johnson
Commissioner Becky Hovermale
Commissioner Bill Umphlett
Alt. Commissioner Ernest Rosenbaum
Alt. Commissioner Gary Woppert
Alt. Commissioner Tom Kusek

Absent
Commissioner John Glowacz (Excused)

3. CONSENT AGENDA

A. APPROVAL OF MINUTES – Special Public Hearing & Regular Meeting – December 13, 2018

Special Public Hearing & Regular Meeting-December 13, 2018

4. PUBLIC HEARING ITEM - Chairman Johnson opened the Public Hearing at 7:02 p.m. and read the legal description for the official record.

A. Broll Homes LLC has made a request for a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) – Property described as a 4.95 Acre Tract located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance.

Chairman Johnson read the legal description for the official record.

1. Staff Presentation – Ms. Matney made staff presentation with the following points to the Commission: City of Live Oak’s Subdivision Ordinance requires two public access onto a public street for any subdivision.

Our Code allows for a “waiver” for such a request. A waiver has been submitted by the applicant for both Unit 1 & 2 for the Trumbal Townhome project.

Should the Commission vote to accept the waiver; the waiver would be reflected on the plats for filing with Bexar County.

Unit 1 is a 4.95 acre tract and Unit 2 is a 3.585 acre tract to include a 50 foot egress and ingress easement that runs down the middle of the two tracts.

The 50 foot easement is not owned by the same owner of Unit 1 & 2

Should the waiver be approved, this would allow for a crossing of the easement providing a secondary access to Unit 2.

The City Engineer has reviewed the waiver and is available for clarification during the proceedings.

Ms. Matney introduced Nadia Lopez with Klein & Cope Engineering Inc. to make the applicant presentation.

Staff Report

2. Applicant Presentation (10 minutes max) - Applicant Presentation (10 minutes max) Nadia Lopez- Klein & Cope Engineering Inc. - 8611 Botts Lane, San Antonio, Texas 78217. Ms. Lopez presented the following: Each tract will have one entrance onto an existing roadway

Each tract will effectively have a secondary entrance through

The property currently has multi-family surrounding the Trumbal property

The private drive will be constructed to meet the design requirements for public streets

The private drive will have concrete flush curbs instead of stand up curbs to facilitate the intended use of the existing access easement.

The crossover easement would be maintained by the Trumbal Townhome HOA.

Ms. Matney reminded the Commission that Public Hearing Item 4A is the public hearing for the 4.95 tract only, Item 4B would be the Public Hearing for 4B.

3. Comments by Proponents and Opponents - None present

4. Close Public Hearing - Chairman Johnson closed this portion of the public hearing at 7:07 p.m.

B. Broll Homes LLC request for a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) – Property described as a 3.585 Acre Tract located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance.

Chairman Johnson read the legal description for the official record.

1. Staff Presentation – Ms. Matney made staff presentation with the following points to the Commission: Unit 2 is a 3.585 acre tract to include a 50 foot egress and ingress easement that runs down the middle of the two tracts.

The City Engineer has reviewed the waiver and is available for clarification during the proceedings.

She closed the staff presentation by stating the presentation for Unit 1 is the same for Unit 2 and she offered to answer questions.

Staff Report

2. Applicant Presentation (10 minutes max) - Ms. Lopez did not have any additional information to add.

3. Comments by Proponents and Opponents - – None present

4. Close Public Hearing

5. NEW BUSINESS

A. Discussion and Possible Action on Joint Public Hearing item (Specific Use Permit) #SU-19-001 regarding a recommendation to City Council for request made by Paras Arora, owner of Live Oak Liquors to open a package store in a B-2 Neighborhood Business District located at 12107 Toepperwein Rd., Ste. 5 for the purpose of selling alcoholic beverages in the additional suite.

Ms. Matney stated this would be the action item for the request made by LOL Liquors for a Specific Use Permit and concluded that Staff had no objections to the request.

Vice Chairman Rebecca Kochan made a motion to send a recommendation to the City Council to grant a Specific Use Permit (SU-19-001) to operate a package store in a B-2 Neighborhood Business District located at 12107 Toepperwein Road, Suite 5 for the purpose of selling alcoholic beverages in an additional suite; selling alcoholic beverages in the additional suite.; seconded by Commissioner Becky Hovermale

Staff Report

B. Discussion and Possible Action on Public hearing item regarding a request for waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) on a 4.95 acre tract of land located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance – J. Matney
Vice Chairman Rebecca Kochan made a motion to approve a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52© on a 4.95 acre tract of land located at the north corner of Trumbal and Old Spanish Trail requiring a minimum of two public accesses to existing public streets as stated in the ordinance with the following requirements:

Each tract will have one entrance onto an existing roadway

Each tract will have a second entrance through the other via a private drive constructed across the existing 50’ access easement separating the tracts

The 50’ private drive will be owned and maintained by a Home Owners Association covering the two townhome subdivisions

The Private drive will be constructed to meet the design requirements for public streets within the City of Live Oak except,

The Private drive will have concrete flush curbs instead of stand up curbs to facilitate the intended use of the existing access easement.

The motion was seconded by Commissioner Bill Umphlett

Staff Report

C. Discussion and Possible Action on public hearing item regarding a request for waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52(c) on a 3.585 acre tract of land located at the north corner of Trumbal and Old Spanish Trail allowing for a minimum of two public accesses to existing public streets as stated in the ordinance – J. Matney

Commissioner Bill Umphlett made a motion to approve a waiver to the City’s Code of Ordinances, Chapter 21, Article III, Section 21-52© on a 3.585 acre tract of land located at the north corner of Trumbal and Old Spanish Trail requiring a minimum of two public accesses to existing public streets as stated in the ordinance with the following requirements:

Each tract will have one entrance onto an existing roadway

Each tract will have a second entrance through the other via a private drive constructed across the existing 50’ access easement separating the tracts

The 50’ private drive will be owned and maintained by a Home Owners Association covering the two townhome subdivisions

The Private drive will be constructed to meet the design requirements for public streets within the City of Live Oak except,

The Private drive will have concrete flush curbs instead of stand up curbs to facilitate the intended use of the existing access easement.

The motion was seconded by Commissioner Becky Hovermale

Staff Report

D. Presentation, Discussion and possible action concerning a recommendation to City Council to update restrictions on carports in the front setback – J. Matney
Ms. Matney provided the following presentation:

The current Ordinance allows Construction of carports into the front setback, no closer than 10 feet from the front property line;

Carports must be open with no sides, not to exceed 20 feet in height with a minimum of 10 foot clearance;

Carports must match the permanent home structure in materials, design and color.

Council has asked the Planning & Zoning Commission to review the Ordinance for further encroachment into the front setback, up to 5 feet from the property line. Ms. Matney closed by stating furthermore, Council has asked the P&Z Commission to clarify or amend the language of the Ordinance for a better understanding by citizens. If the Commission choses to make a recommendation, Council would receive the recommendation at the March 12^th Council meeting. Staff would then receive direction from Council on the direction they vote to proceed. A Public Hearing would be held on March 21^st for a final recommendation for the verbiage on the Ordinance to the City Council. City Council would make the final decision on March 26^th at the regular City Council meeting along with placing Public notices in the Northeast Herald to inform the public.

Q&A
Commissioner Umphlett wanted clarification on the materials matching the existing structure; Ms. Matney explained the materials used should be complimentary of the materials used on the current structure. Brick colors & manufacturers change throughout the years and something similar will be chosen at that time to match the new carport.

Vice Chairman Kochan asked for clarification of the setback measurements for the homes that do not have sidewalks but would in the future be within the 10 foot setback; Ms. Matney stated it would be within the setback. They would measure 10 feet from the curb, then 20 to 25 from that point to get the correct measurement.

Commissioner Kusek asked how the original measurements were decided; Ms. Matney stated the measurement was originally derived to prevent a “tunnel” effect as you drive down the street.

Ms. Lowder interjected that some members of the audience had signed up for “Citizen’s to be Heard.”

1.Suzanne Hildebrand – 7806 Forest Run, Live Oak, Texas 78233 – Opposes the carport ordinance setback change but does support the construction of a carport.

2.Thomas Obrien – 13000 Welcome Drive, Live Oak, Texas 78233 – In favor of the construction of a carport but opposes the setback changes. He advises the language should “simply” read 15 feet from curb.

Ms. Matney stated staff’s recommendation would be to keep the language that states “10 feet or 5’ from property line” and add “typically or traditionally 15 or 20 feet from the curb.” It’s important that the emphasis remains on the “property line” for clarification for the different residential zones. It will be an education process and the language must be clearer for the citizens.

Commissioner Bill Umphlett made a motion to make a recommendation to City Council to update restrictions on carports in the front setback; seconded by Vice Chairman Rebecca Kochan

Staff Report

6. GENERAL ANNOUNCEMENTS AND DISCUSSION

A. Commission - None

B. Staff - Ms. Lowder - upcoming ribbon cuttings and city events: March 13th at noon- 12702 Toepperwein, Ste. 104.

Ms. Matney - Upcoming P&Z meetings, JPH, Public Hearing - March 21st immediately following the adjournment of the BOA.

7. 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 February 14, 2019 at 3:00 p.m.

4. JOINT PUBLIC HEARING - Mayor Dennis opened the Joint Public Hearing at 6:02 p.m. by reading the legal description for the record.

3. CONSENT AGENDA

4. PUBLIC HEARING ITEM - Chairman Johnson opened the Public Hearing at 7:02 p.m. and read the legal description for the official record.

5. NEW BUSINESS

Feb 21, 2019 Planning & Zoning Commission & City Council Joint Public Hearing, Public Hearing & Regular Meeting

4. JOINT PUBLIC HEARING - Mayor Dennis opened the Joint Public Hearing at 6:02 p.m. by reading the legal description for the record.

3. CONSENT AGENDA

4. PUBLIC HEARING ITEM - Chairman Johnson opened the Public Hearing at 7:02 p.m. and read the legal description for the official record.

5. NEW BUSINESS

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