City of Lakeway Image

 

AGENDA

City Council Regular Meeting

  Monday, July 18, 2022

City Hall

 1102 Lohmans Crossing Road

Lakeway, TX 78734

6:30 PM

 

Individuals who do not plan to attend the meeting, but wish to submit comments during the public hearings and citizen participation at the meeting may submit a comment through our online form: /Portal/CitizenEngagement.aspx

 

Comments received by the 12:00 p.m. deadline Friday, July 15, 2022 will be provided to the City Council.

 

 

Page

 

1

ESTABLISH QUORUM AND CALL TO ORDER.

 

2

PLEDGE OF ALLEGIANCE.

 

3

CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEMS 8 AND 10.

 

 

 

CONSENT AGENDA

 

All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion.

 

 

4

JUNE 21, 2022 CITY COUNCIL MEETING MINUTES.

 

 

 

June 21, 2022 Minutes

9 - 14

 

 

5

JULY 11, 2022 CITY COUNCIL MEETING MINUTES.

 

 

 

July 11, 2022 Minutes

15 - 17

 

 

6

RESOLUTION NO. 2022-07-18-01 APPOINTING MEMBERS TO THE BOARD OF ETHICS.

 

 

 

Resolution No. 2022-07-18-01

18

 

 

7

MONTHLY TREASURER'S REPORT.

 

 

 

Treasurer's Report

19

 

 

 

END CONSENT AGENDA

 

8

FINANCIAL REPORT.

 

 

 

 

Financial Report

20 - 22

 

9

CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA.

 

10

PRESENTATION OF TEXAS MUNICIPAL CLERKS ASSOCIATION OFFICE ACHIEVEMENT OF EXCELLENCE AWARD TO THE OFFICE OF THE CITY SECRETARY.

 

11

ORDINANCE NO. 2022-07-18-01 -  AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, AMENDING THE CODE OF ORDINANCES, TITLE II: BUILDING AND DEVELOPMENT REGULATIONS; CHAPTER 30: ZONING; ARTICLE 30.05: SPECIAL USE PERMITS; SECTION 30.05.002: SPECIAL USE PERMITS; AND SECTION 30.05.005: CRITERIA APPLICABLE TO ALL INDIVIDUAL HOME OCCUPATION PERMITS; AND TITLE II: BUILDING AND DEVELOPMENT REGULATIONS; CHAPTER 22: GENERAL REGULATIONS; SECTION 22.02.001: DEFINITIONS; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-07-18-01"

 

         Staff report by Assistant City Manager Joseph Molis.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Ordinance Comparison

Ordinance 2022-07-18-01 (redlined)

Ordinance 2022-07-18-01

23 - 40

 

12

ORDINANCE NO. 2022-07-18-02 -  AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, AMENDING THE CODE OF ORDINANCES, TITLE I: GENERAL ORDINANCES; CHAPTER 2: ADMINISTRATION AND PERSONNEL; ARTICLE 2.04:  CODE OF ETHICS; DIVISION 2 STANDARD OF CONDUCT OF OFFICIALS; AMENDING SECTION 2.04.031: GENERAL PROHIBITIONS; ADDING SECTION 2.04.0315: EXCEPTIONS; DIVISION 3 STANDARDS OF CONDUCT OF VENDORS AND APPLICANTS; AMENDING SECTION 2.04.061: GENERAL PROHIBITIONS; ADDING SECTION 2.04.062: EXCEPTIONS; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-07-18-02"

 

         Report from City Attorney Cobby Caputo.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Ordinance No. 2022-07-18-02

41 - 46

 

13

FIRST READING – ORDINANCE AMENDING SECTIONS 18.04.071-18.04.76 OF THE CODE OF ORDINANCES RELATING TO THE OPERATION OF GOLF CARTS.

 

 

         Staff report by Assistant City Manager Joseph Molis.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Texas Transportation Code

Draft Ordinance

47 - 58

 

14

ORDINANCE NO. 2022-07-18-03 -  AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, AMENDING THE CODE OF ORDINANCES, TITLE II: BUILDING AND DEVELOPMENT REGULATIONS; CHAPTER 22: GENERAL REGULATIONS; ARTICLE 22.02: DEFINITIONS; SECTION 22.02.001: DEFINITIONS; AND TITLE II: BUILDING AND DEVELOPMENT REGULATIONS; CHAPTER 24: BUILDING REGULATIONS; ARTICLE 24.02: BUILDING CODE; SECTION 24.02.245: GARAGES, CARPORTS AND HANGARS; SECTION 24.02.441 ACCESSORY STRUCTURES; SECTION 24.02.447 ACCESSORY BUILDING; SECTION 24.02.448 ADDITIONAL REQUIREMENTS FOR ALL ACCESSORY STRUCTURES; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-07-18-03"

 

         Staff report by Assistant City Manager Joseph Molis.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

59 - 67

 

15

SPECIAL USE PERMIT – STORAGE FACILITY: 15616 STEWART RD. CONSIDER A REQUEST FROM PRH VIII, LLC, THE OWNERS OF THE PROPERTY LOCATED AT 15616 STEWART ROAD (HILL COUNTRY PROFESSIONAL PARK, LOT 1), FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE A STORAGE FACILITY AT THIS LOCATION.

 

 

"I move to [Approve / Deny / Table / Postpone] Special Use Permit"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

68 - 91

 

16

SPECIAL USE PERMIT – LIQUOR STORE: 2418 RR 620 S. CONSIDER A REQUEST FROM AWESOME LIQUORS, THE TENANT OF SUITE 200 FOR THE OWNER OF LAKEWAY TOWN CENTER AT 2418 RR 620 S, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE A LIQUOR STORE AT THIS LOCATION.

 

 

"I move to [Approve / Deny / Table / Postpone] Special Use Permit"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

92 - 109

 

17

FINAL PLAT - THE ENCLAVE AT LOHMANS. CONSIDER A REQUEST FROM CARLSON, BRIGANCE & DOERING, INC. THE AGENT FOR THE OWNERS, HSD LOHMANS PARTNERS, LP AND LAKEWAY MUNICIPAL UTILITY DISTRICT, OF APPROXIMATELY 14.839 ACRES FOR A FINAL PLAT OF PHASE 1 OF ENCLAVE AT LOHMANS.

 

 

"I move to [Approve / Approve with Conditions / Deny with Explanation] Final Plat"

 

         Staff report by Director of Building and Development Services Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

110 - 124

 

18

* ORDINANCE NO. 2022-07-18-04 -  AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ANNEXING APPROXIMATELY 29.334 ACRES OF LAND DESCRIBED BY METES AND BOUNDS (EXHIBIT B), INTO THE CITY OF LAKEWAY, TRAVIS COUNTY, TEXAS AND EXPANDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THE ANNEXED PROPERTY WITHIN THE CITY LIMITS; DIRECTING THE SECRETARY TO FILE A CERTIFIED COPY OF THIS ORDINANCE WITH CERTAIN AUTHORITIES; DIRECTING THAT THE MAP OF THE CITY’S BOUNDARIES AND EXTRATERRITORIAL JURISDICTION BE CORRECTED TO INCLUDE THE ANNEXED TERRITORY; PROVIDING FOR THE ATTACHMENT OF THE SERVICE PLAN AND GRANTING TO SAID PROPERTY AND ALL PRESENT AND FUTURE INHABITANTS ALL OF THE RIGHTS AND PRIVELEGES OF OTHER CITIZENS OF THE CITY AND BINDING INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY; PROVIDING FOR SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-07-18-04"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

125 - 159

 

19

* ORDINANCE NO. 2022-07-18-05 -  AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF APPROXIMATELY 29.334 ACRES TO BE ZONED P-1 (PUBLIC PARK) DESCRIBED AS LAKEWAY HIGHLANDS PUBLIC PARK AND; PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-07-18-05"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

160 - 182

 

20

**FUTURE LAND USE MAP AMENDMENT - ROUGH HOLLOW LAKEWAY HIGHLANDS VILLAGE, LOT 1B. CONSIDER A REQUEST FROM CARLSON, BRIGANCE & DOERING, ON BEHALF OF ROUGH HOLLOW LAKEWAY DEVELOPMENT LTD, OWNER OF APPROXIMATELY 8.7 ACRES OF LAND GENERALLY LOCATED OFF HIGHLANDS VILLAGE DR (LAKEWAY HIGHLANDS VILLAGE, LOT 1B) FOR APPROVAL OF A CHANGE FROM COMMERCIAL TO RESIDENTIAL TO THE FUTURE LAND USE MAP.

 

 

"I move to [Approve / Deny / Table / Postpone] Amendment"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

183 - 188

 

21

**ORDINANCE NO. 2022-07-18-06 - AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF APPROXIMATELY 8.70 ACRES TO BE ZONED R-5 (CONDOMINIUM) DESCRIBED AS RESUBDIVISION OF LOT 1, BLOCK A LAKEWAY HIGHLANDS VILLAGE, LOT 1B AND; PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-07-18-06"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

189 - 214

 

22

***PRELIMINARY PLAN - LAKEWAY ESTATES.  CONSIDER A REQUEST FROM SEVEN CUSTOM HOMES THE OWNERS OF APPROXIMATELY 46.01 ACRES OF LAND LOCATED AT THE INTERSECTION OF SERENE HILLS PASS AND MADRONE CANYON DR. FOR APPROVAL OF A PRELIMINARY PLAN KNOWN AS LAKEWAY ESTATES.

 

 

"I move to [Approve / Approve with Conditions / Deny with Explanation] Preliminary Plan"

 

         Staff report by Director of Building and Development Services Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

215 - 231

 

23

***FINAL PLAT - LAKEWAY ESTATES. CONSIDER A REQUEST FROM SEVEN CUSTOM HOMES THE OWNERS OF APPROXIMATELY 46.01 ACRES OF LAND LOCATED AT THE INTERSECTION OF SERENE HILLS PASS AND MADRONE CANYON DR. FOR APPROVAL OF A FINAL PLAT KNOWN AS LAKEWAY ESTATES.

 

 

"I move to [Approve / Approve with Conditions / Deny with Explanation] Final Plat"

 

         Staff report by Director of Building and Development Services Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

232 - 249

 

24

PUD AMENDMENT -  THE OAKS AT LAKEWAY PUD. CONSIDER A REQUEST FROM STRATUS LAKEWAY CENTER, LLC, A SUBSIDIARY OF STRATUS PROPERTIES, THE OWNERS OF APPROXIMATELY 34.745 ACRES OF LAND LOCATED AT 3021 MAIN ST. AND 3052 MAIN ST, TO BE KNOWN AS THE OAKS AT LAKEWAY PH II, FOR AN AMENDMENT TO THE OAKS AT LAKEWAY PUD.

 

         Item withdrawn by applicant until August 15, 2022 meeting.

 

25

ORDINANCE AMENDMENT - VPCO. CONSIDER A REQUEST FOR AMENDMENT TO SECTION 30.03.023 OF THE LAKEWAY MUNICIPAL CODE REGARDING ZONING DISTRICT VPCO (VIEW PROTECTION CONDITIONAL OVERLAY).

 

         Item postponed to October 17, 2022 meeting.

 

26

EXECUTIVE SESSION.  ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING PENDING LITIGATION, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY).  NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.

 

         Christopher W. Levy v. City of Lakeway, et al., Cause No. D-1-GN-22-002721, in the 261st District Court of Travis County, TX.

 

27

EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, AND DUTIES OF A PUBLIC OFFICER OR EMPLOYEE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.074.  NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.

 

         City Manager.

 

28

ADJOURN.

 

 

Signed this 12th day of July, 2022.

 

_____________________________

Thomas Kilgore, Mayor

 

 

All items may be subject to action by City Council pursuant to Ordinance No. 2001-10-29-1, Article VI. The City Council may adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code including, but not limited to, Section 321.3022 (Sales Tax Information).

 

Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda.

 

Certification: I certify that the above notice of meeting was posted on the City of Lakeway Official Community Bulletin Board on the 12th day of July, 2022

at 5:30 p.m.  Council approved agendas and action minutes are available on line at http://www.lakeway-tx.gov/. The City of Lakeway Council meetings are available to all persons regardless of ability.  If you require special assistance, please contact Jo Ann Touchstone, City Secretary, at 512-314-7506 at least 48 hours in advance of the meeting.

 

_________________________________

Jo Ann Touchstone, City Secretary