Video index

1. CALL TO ORDER by Mayor Mary M. Dennis at 6:30 p.m.

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

3. ROLL CALL

4. CITIZENS TO BE HEARD - Non present and none on public portal.

5. JOINT PUBLIC HEARING Public Hearing – Receive public comments and testimony regarding a request to Re-Zone a parcel described as a 21.53 acre tract of land in the Robards Texas First Unit from Commercial B-2 District (General Business) and Pre-Development (unclassified) to a R-2C District (Conventional construction residential) and 100 feet to remain B-2 District (General Business), located at the north corner of O’Connor Road and Miller Road intersection. The change is for a proposed single family residential development (76 units) and 100 feet for commercial abutting the frontage of O’Connor Road. Property is within the city limits of Live Oak, Texas.

Mayor Mary M. Dennis opened the Public Hearing at 6:32 p.m. and read the legal description for the official record.

1. Staff Presentation - Bryce Cox, Planning made the following points during this presentation:

Zoning request made for 21.53 acre tract of land in the Robard Texas First Unit located at the north corner of Miller and O’Connor Road.

The applicant is requesting the majority of the parcel to be rezoned from B-2 Business District to R2-C residential and 100 feet along the frontage of O’Connor Road to remain a B-2 Business District.

Future Land Use from the 2040 City Comprehensive Plan indicates the area to be Neighborhood Mixed Use as the future land use plan

Mr. Cox provided the definition of “Neighborhood Mixed Use” as defined in the 2040 Comprehensive Plan

Staff supports the request and feels it meets the intent of the Comprehensive Plan for the City.

2. Applicant Presentation - Alfred Hockley – Live Oak Residential, LLC – 13439 Blackstone, Universal City, Texas 78148 made the following points during his presentation:

Made a request in September 2021 for a rezone of the entire property to be R2-C

After the request failed to receive approval, Live Oak Residential, LLC redrew the plan to include a business component for compliance to the 2040 Comprehensive Plan’s Future Land Use.

Mr. Hockley closed by asking Council and the Planning & Zoning Commission for consideration of the rezone allowing for a mixed 100 feet deep of commercial along O’Connor Road and residential subdivision in the rear abutting Woodcrest Subdivision.

3. Question & Comments from Council & Commission
Q&A Councilman Morgan asked for clarification on the actual portion to be rezoned R2-C and closed by stating he was in favor of the zoning request. Councilman Tullgren stated he had reviewed the zoning submittal and supported the zoning request.

Councilwoman Perez asked staff for the number of public comments received back from property owners; Ms. Lowder stated staff had received one return public notice was returned in opposition.
Councilman Cimics asked for clarification on the property located between the two blue commercial areas; Mr. Cox stated those lots were under private ownership and not part of the request.
Councilman Cimics clarified the location of the access points out to O’Connor, hold out lots and future traffic light requirements; Mr. Cox stated the access points have not been approved but will be finalized by platting. He continued by stating any lots within the area being rezoned to R2-C have been purchased by the applicant and a traffic analysis will be required as part of the platting process. Councilman Cimics asked for clarification on how many lots would be developed; Mr. Cox stated the lot layout had not been determined, illustration purposes only. The applicant would be allowed to develop the maximum amount allowed in the lot size restraints of the R2-C District per the City’s Code. Councilman Cimics asked how many units per acre would be allowed in the R2-C; Mr. Cox stated based on the square footage will not be 14 units per acre.
Councilman Dahl interjected that this project would be 8 units per acre. He asked for clarification on the minimum density required in our Comprehensive Plan; Mr. Cox stated “no.” Councilman Dahl closed by stating he was happy to see the new plan proposed with an EDC initiative but was reluctant on approving the request due to the size of planned commercial being 100 feet in depth. Not in support.
Vice Chairman Kochan stated she served on the Ad hoc Committee responsible for the new 2040 Comprehensive Plan update. She expressed the project is not exactly what the Comp Plan had described as a neighborhood mixed-use. She closed by asking staff if the commercial portion would begin construction when the residential would begin construction; Mr. Cox stated property can be bought and sold quickly, leaving no guarantee.
Commissioner Kusek asked for clarification on the location of the park land location on the presentation map; Mr. Cox pointed out the location of the park land abutting Miller Road. He closed by asking which direction the storm water and detention would flow; Mr. Cox stated the storm water and drainage was not part of the land use evaluation. It would be determined through the platting process.
Commissioner Kusek concluded he would not support the rezone. Councilman Dahl interjected by stating the drainage would flow towards Miller Road.
Commissioners Woppert and Kusek concurred with Councilman Dahl regarding the 100 feet commercial component being too shallow. Commissioner Woppert asked about the area’s flood plain and the drainage channel in the rear of the development; Mr. Cox pointed out the location of the drainage channel serving storm water for the area. He continued by stating the developer would have the responsibility to comply with all requirements set forth in the City’s Code, i.e. storm water detention, impervious cover, etc.
Commissioner Umphlett asked for clarification regarding the egress/ingress for the commercial along O'Connor; Mr. Cox stated the design concept for the egress/ingress to the subdivision or commercial portion has not been confirmed at this time. He continued by stating the different options the developer could use regarding access points to O’Connor and to the existing Woodcrest Subdivision. All options would be approved through the City engineers.
Commissioner Umphlett asked staff about the buffer requirement between the Commercial component and the residential; Mr. Cox stated the commercial property would be required to create a buffer by an 8 foot fence at the minimum. Commissioner Umphlett asked if the developer considered the entire area be zoned residential; Mr. Cox reminded everyone the owner’s plan submitted in September of 2021, before the Commission and Council, was for the entire area to be rezoned residential R2-C. Alternate

Commissioners Llamas and Tremblay did not have comments regarding the item.
Vice Chairman Kochan stated the design plan should allow for walk ability for residents from the residential area to the commercial area. Councilwoman Perez stated she did not feel the zoning request was “in the spirit” of the City’s Comprehensive Plan.
Councilman Tullgren closed his final comments by stating the applicant did present what was previously requested from him by Council and the current plan meets staff recommendation. He added the types of small businesses that the shallow commercial component would attract and support a neighborhood residential subdivision would be dry cleaners, sandwich shop, nail salons, etc. which would not require a lot of space.
Councilman Cimics commented he felt the commercial component would be hard to fill and was now in favor of eliminating the retail/commercial component; the land would be better used as all residential.
Councilman Tullgren reminded everyone that the City’s legal counsel advised Council and the Commissioner to keep the commercial component plan which was the intent of the Economic Development Corporation in selling the developer the EDC properties.
Hearing no further discussion; Mayor Dennis moved to public comments.

4. Comments from Proponents & Opponents - Ms. Lowder read the following public comments aloud for the official record:

Jair Silva – 10255 O’Connor Road, #7, San Antonio, Texas 78239 – returned via U.S. Postal Service.

Jorge Gutierrez & Vincent Gutierrez – 6808 Woodbell, Live Oak, Texas 78233 – returned via U.S. Postal Service.

Roberto & Nancy Tapia – 10911 Almond Crest, Live Oak, Texas 78233-5559– Comments: Opposed

5. Close Joint Public Hearing at 7:13 p.m.

6. ADJOURNMENT at 7:13 p.m.

Executive Summary

Feb 15, 2022 Special Joint Public Meeting of the Planning & Zoning Commission and City Council

Full agenda
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1. CALL TO ORDER by Mayor Mary M. Dennis at 6:30 p.m.

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

3. ROLL CALL

4. CITIZENS TO BE HEARD - Non present and none on public portal.

5. JOINT PUBLIC HEARING Public Hearing – Receive public comments and testimony regarding a request to Re-Zone a parcel described as a 21.53 acre tract of land in the Robards Texas First Unit from Commercial B-2 District (General Business) and Pre-Development (unclassified) to a R-2C District (Conventional construction residential) and 100 feet to remain B-2 District (General Business), located at the north corner of O’Connor Road and Miller Road intersection. The change is for a proposed single family residential development (76 units) and 100 feet for commercial abutting the frontage of O’Connor Road. Property is within the city limits of Live Oak, Texas.

Mayor Mary M. Dennis opened the Public Hearing at 6:32 p.m. and read the legal description for the official record.

1. Staff Presentation - Bryce Cox, Planning made the following points during this presentation:

Zoning request made for 21.53 acre tract of land in the Robard Texas First Unit located at the north corner of Miller and O’Connor Road.

The applicant is requesting the majority of the parcel to be rezoned from B-2 Business District to R2-C residential and 100 feet along the frontage of O’Connor Road to remain a B-2 Business District.

Future Land Use from the 2040 City Comprehensive Plan indicates the area to be Neighborhood Mixed Use as the future land use plan

Mr. Cox provided the definition of “Neighborhood Mixed Use” as defined in the 2040 Comprehensive Plan

Staff supports the request and feels it meets the intent of the Comprehensive Plan for the City.

2. Applicant Presentation - Alfred Hockley – Live Oak Residential, LLC – 13439 Blackstone, Universal City, Texas 78148 made the following points during his presentation:

Made a request in September 2021 for a rezone of the entire property to be R2-C

After the request failed to receive approval, Live Oak Residential, LLC redrew the plan to include a business component for compliance to the 2040 Comprehensive Plan’s Future Land Use.

Mr. Hockley closed by asking Council and the Planning & Zoning Commission for consideration of the rezone allowing for a mixed 100 feet deep of commercial along O’Connor Road and residential subdivision in the rear abutting Woodcrest Subdivision.

3. Question & Comments from Council & Commission
Q&A Councilman Morgan asked for clarification on the actual portion to be rezoned R2-C and closed by stating he was in favor of the zoning request. Councilman Tullgren stated he had reviewed the zoning submittal and supported the zoning request.

Councilwoman Perez asked staff for the number of public comments received back from property owners; Ms. Lowder stated staff had received one return public notice was returned in opposition.
Councilman Cimics asked for clarification on the property located between the two blue commercial areas; Mr. Cox stated those lots were under private ownership and not part of the request.
Councilman Cimics clarified the location of the access points out to O’Connor, hold out lots and future traffic light requirements; Mr. Cox stated the access points have not been approved but will be finalized by platting. He continued by stating any lots within the area being rezoned to R2-C have been purchased by the applicant and a traffic analysis will be required as part of the platting process. Councilman Cimics asked for clarification on how many lots would be developed; Mr. Cox stated the lot layout had not been determined, illustration purposes only. The applicant would be allowed to develop the maximum amount allowed in the lot size restraints of the R2-C District per the City’s Code. Councilman Cimics asked how many units per acre would be allowed in the R2-C; Mr. Cox stated based on the square footage will not be 14 units per acre.
Councilman Dahl interjected that this project would be 8 units per acre. He asked for clarification on the minimum density required in our Comprehensive Plan; Mr. Cox stated “no.” Councilman Dahl closed by stating he was happy to see the new plan proposed with an EDC initiative but was reluctant on approving the request due to the size of planned commercial being 100 feet in depth. Not in support.
Vice Chairman Kochan stated she served on the Ad hoc Committee responsible for the new 2040 Comprehensive Plan update. She expressed the project is not exactly what the Comp Plan had described as a neighborhood mixed-use. She closed by asking staff if the commercial portion would begin construction when the residential would begin construction; Mr. Cox stated property can be bought and sold quickly, leaving no guarantee.
Commissioner Kusek asked for clarification on the location of the park land location on the presentation map; Mr. Cox pointed out the location of the park land abutting Miller Road. He closed by asking which direction the storm water and detention would flow; Mr. Cox stated the storm water and drainage was not part of the land use evaluation. It would be determined through the platting process.
Commissioner Kusek concluded he would not support the rezone. Councilman Dahl interjected by stating the drainage would flow towards Miller Road.
Commissioners Woppert and Kusek concurred with Councilman Dahl regarding the 100 feet commercial component being too shallow. Commissioner Woppert asked about the area’s flood plain and the drainage channel in the rear of the development; Mr. Cox pointed out the location of the drainage channel serving storm water for the area. He continued by stating the developer would have the responsibility to comply with all requirements set forth in the City’s Code, i.e. storm water detention, impervious cover, etc.
Commissioner Umphlett asked for clarification regarding the egress/ingress for the commercial along O'Connor; Mr. Cox stated the design concept for the egress/ingress to the subdivision or commercial portion has not been confirmed at this time. He continued by stating the different options the developer could use regarding access points to O’Connor and to the existing Woodcrest Subdivision. All options would be approved through the City engineers.
Commissioner Umphlett asked staff about the buffer requirement between the Commercial component and the residential; Mr. Cox stated the commercial property would be required to create a buffer by an 8 foot fence at the minimum. Commissioner Umphlett asked if the developer considered the entire area be zoned residential; Mr. Cox reminded everyone the owner’s plan submitted in September of 2021, before the Commission and Council, was for the entire area to be rezoned residential R2-C. Alternate

Commissioners Llamas and Tremblay did not have comments regarding the item.
Vice Chairman Kochan stated the design plan should allow for walk ability for residents from the residential area to the commercial area. Councilwoman Perez stated she did not feel the zoning request was “in the spirit” of the City’s Comprehensive Plan.
Councilman Tullgren closed his final comments by stating the applicant did present what was previously requested from him by Council and the current plan meets staff recommendation. He added the types of small businesses that the shallow commercial component would attract and support a neighborhood residential subdivision would be dry cleaners, sandwich shop, nail salons, etc. which would not require a lot of space.
Councilman Cimics commented he felt the commercial component would be hard to fill and was now in favor of eliminating the retail/commercial component; the land would be better used as all residential.
Councilman Tullgren reminded everyone that the City’s legal counsel advised Council and the Commissioner to keep the commercial component plan which was the intent of the Economic Development Corporation in selling the developer the EDC properties.
Hearing no further discussion; Mayor Dennis moved to public comments.

4. Comments from Proponents & Opponents - Ms. Lowder read the following public comments aloud for the official record:

Jair Silva – 10255 O’Connor Road, #7, San Antonio, Texas 78239 – returned via U.S. Postal Service.

Jorge Gutierrez & Vincent Gutierrez – 6808 Woodbell, Live Oak, Texas 78233 – returned via U.S. Postal Service.

Roberto & Nancy Tapia – 10911 Almond Crest, Live Oak, Texas 78233-5559– Comments: Opposed

5. Close Joint Public Hearing at 7:13 p.m.

6. ADJOURNMENT at 7:13 p.m.

Executive Summary

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