• The property is 13.39 acre lot with a zoning request for a B-3 Commercial to a Planned Use Development (PUD)
• Property is located at Shin Oak and Oak Terrace and extends to Palisades and Oak Terrace and access frontage road of Loop 1604.
• Property is divided into two segments; Segment 1 consists of three commercial lots fronting the access of Loop 1604  with primary egress and ingress off of Palisades Drive and Segment 2 is approximately 10 acres consisting of the multi-family with the primary egress and ingress off of Shin Oak Drive.
• 240, Class A market rate Multi-Family units are planned consisting of 1, 2 and 3 bedroom units ranging from 674 square feet to 1,326 square feet.
• Rent will range from $960 for 1 bedroom to $1600.00 for the 3 bedroom apartment.
• Applicant is requesting amendments for Segment 1 for a 6-8 foot retaining wall in lieu of the 200 foot buffer between the residential and commercial; and side setback of 5 feet, and eliminating the requirement of the 8ft privacy fence between the residential and commercial portion.
• Applicant is requesting amendments for Segment 2 is to adopt the multi-family district R5 with amendments, requesting maximum of 3 stories in height, minimum of side yard setback of 10 feet, overall density not to exceed 25 units/per acre, accessory buildings (detached, enclosed garages); and parking ratio of 1.9 spaces per unit in lieu of 2 spaces per unit.

• The purpose of the PUD is due to having two different types of zoning in one property.
• The City does allow for multi-family in a B-3 District but with their numerous request for amendments within both Segment 1 and Segment 2; staff agreed that offering them a Planned Use Development would make a simpler request for Council & the Commission.
• The City allows for up to 3 stories within a B-3 for the multi-family.
• In a B-3 business district a 200 foot buffer or a privacy fence will always be required if the commercial project abuts a residential property; staff does not have any objections to the 8 foot retaining wall as the buffer between the two properties with a significant drop in elevation to assist in the buffer.
• The parking ratio 1.9-1 bedroom apartments; city requirement is 480 spaces and they are requesting 456 spaces for a total of 132 1-bedroom apartments.
• Staff has no objections to recommending approval for the zoning request to include amendments.

Commissioner Umphlett asked if the commercial portion would have parking lot lights that would affect the multi family; Mr. Johnson answered “no!” Commissioner Umphlett asked Mr. Johnson what type of businesses would be coming to the commercial portion and if there would be a gas station; Mr. Johnson answered there would be merchant/retail type businesses and no gas station. 

Ms. Clarissa Rodriguez reminded the members to keep their questions specific to the topic in reference the zoning changes and the amendments the applicant has requested within the PUD only.

Commissioner Umphlett asked for clarification for the height differences in the elevations of the property between commercial and multi-family; Mr. Johnson stated the commercial would be a higher elevation than the multi-family. Commissioner Umphlett asked who owned the land currently; Mr. Johnson stated the David Wieder and his family owned the property.

Ms. Clarissa Rodriguez again reminded Commissioner Umphlett to keep his questions specific to the topic at hand and that he should direct this type of questioning to staff before or after the public hearing.

Vice Chairman Johnson asked Ms. Matney if the Commission chooses to recommend approval to the Council in the regular meeting of the P&Z; the stipulations would need to be clearly mentioned in the motion; Ms. Rodriguez interjected and confirmed the Commission would need to mention all amendments in the motion should they move forward with a recommendation for approval to Council during the regular meeting immediately following the joint public hearing.

Alt. Commissioner Woppert - None
Commissioner Glowacz - None
Alt. Commissioner Kusek - None
Alt. Commissioner Rosenbaum - None

Ms. Matney closed by stating staff had no objections to the formal zoning request or any of the amendments made by the applicant, recommended approval, great opportunity for the city and offers an addition to the housing stock in Live Oak.

• Egress locations would be at Rimwood and Retama Hollow
• Two detention ponds would be constructed
• Detention #1 would detain the water flowing from the Commercial tract from Judson
• Detention #2 is located south of the paper streets; plans would include to improve this detention and become a park space as well as detention.