The City of Lago Vista

Transcription

1 he ity of ago ista o proide and maintain a healthy, safe, ibrant community, ensuring quality of life. F P Z Y, ugust 13, 2015, 7:00 P Y Y that the Planning and Zoning ommission of the ity of ago ista, exas will hold a egular eeting in the ouncil hambers, ity unicipal uilding, 5803 hunderbird, on the aboe date and time for discussion and possible action to be taken on the following: P F - F JY 9, 2015 P 1. Z 1038 ecommendation of the Planning & Zoning ommission of a ezoning at 9207 ar anch d. (ar states, Plat 11, ot 11333) from - (estricted ingle Family with ircraft) to -4 (ommercial-irport).. taff Presentation. pplicant Presentation. pen Public earing. lose Public earing. iscussion F. onsider ecommendation on tem. 2. Z 1041 ecommendation of the Planning & Zoning ommission of a onditional se at awn r. (ago ista ection 1, lock, ots 27-28) from hapter 14, rticle , ection 6.10()(4)(d) to allow an accessory building height of 21.8 instead of 18, for a proposed accessory building.. taff Presentation. pplicant Presentation. pen Public earing. lose Public earing. iscussion F. onsider ecommendation on tem P ox 4727, ago ista, exas (512) (512) Fax ebsite:

2 3. Z ecommendation of the Planning & Zoning ommission of a ezoning at ar anch d. (ar anches Plat 3, ots ) from -1 (tility, oernmental, ducational, and nstitutional) to -1 (ommercial-professional, usiness ffice, ow ensity etail).. taff Presentation. pplicant Presentation. pen Public earing. lose Public earing. iscussion F. onsider ecommendation on tem ecommendation of the Planning & Zoning ommission of a replat in ighland akes states ection 16 ots from a total of four (4) existing lots to six (6) lots.. taff Presentation. pplicant Presentation. pen Public earing. lose Public earing. iscussion F. onsider ecommendation on tem. 1. iscussion and potential action regarding zoning at and around the irport. 2. iscussion and potential action concerning the subcommittees. F Y F that the aboe otice was posted on the ulletin oard located in ity all in said ity at on the day of, andra arton, ity ecretary Y F P. F Q P P Q. P ox 4727, ago ista, exas (512) (512) Fax ebsite:

3 hursday, July 9th, 2015 egular eeting Planning and Zoning ommission ity of ago ista hair ara riffin called the meeting to order at 7:00 P.. in the ouncil hambers at the ity unicipal uilding, 5803 hunderbird t, ago ista, exas. embers present were ara riffin, Jim oss, ary Zaleski and ndy hite. embers ernon eher, Paul mith and ichard rown were absent. eelopment erices irector aid arrell and eelopment erices ecretary herry curdy were also present. P F -. here were no comments from the public for on-earing elated tems. F P 23, 2015 n a motion by ary Zaleski and seconded by Jim oss the Planning and Zoning ommission unanimously approed the minutes of ay 14, P 1. Z 1038 ecommendation of the Planning & Zoning ommission of a ezoning at 9207 ar anch d. (ar states, Plat 11, ot 11333) from - (estricted ingle Family with ircraft) to -4 (ommercial-irport). he Public earing was opened at 7:02 P. aid arrell presented his staff report. e stated there are no objections from staff for the rezoning of the land. pplicant, lton oore, explained the reasons for requesting rezoning of his property. e stated that he belieed when he bought the lot he could build a hangar with liing space inside the hangar but then found out that he would hae to build a house with a hangar. e explained he had also isited with the usty llen irport Property wner s ssociation (P). tephen oss, 8200 orth opac #230 ustin, X, stated he is the attorney representing ee right. e beliees the change in zoning would decrease the alue of r. right s property. is client is in the process of selling his property currently and beliees that spot zoning would apply in this case. e explained in cases where goernment action decreases a person s property alue there hae to be compensations gien to that owner. n his opinion, the ity could be liable for the loss of alue in r. right s property and other properties around it. Jim walt, 1900 ohman Ford d., ago ista, X stated he has four lots at the airport and spoke in support of the rezoning. e beliees all of the remaining lots that are zoned - should be rezoned to -4. e explained the remaining lots could be purchased using grant money for ten cents on the dollar and would be ery aluable to the city. Public earing was closed at 7:26 P. he members of the Planning and Zoning ommission, aid arrell, Jim walt, ee right, tephen oss, and lton oore discussed intent the of applicant, taxiway access, subject land being part of the P, opposition of r. right, property on east side of airport, Future and se ap (F), irport erlay, omprehensie Plan and spot zoning

4 n a motion made by ara riffin and seconded by ndy hite the ommission unanimously oted to table the item until the ity ttorney is able to look at material presented to the ommission. 2. Z ecommendation of the Planning & Zoning ommission of a onditional se at 2403 rant n. (ighland akes states ection 18 ot 18083) from hapter 14, rticle , ection 6.10()(4)(d) to allow an accessory building height of 20 instead of 18, for a partially constructed accessory building. aid arrell presented his staff report. e stated there are no objections from staff for the conditional use. ra iesman, contractor for applicant, 7306 owpoke rail ago ista, X 78645, stated he is applying for onditional se because the neighbor had commented about it. pplicant isited with neighbor who does not hae a problem with the height. e stated from ighland ake across from rant n. they cannot see the building due to the tree line. he Public earing was opened at 7:57 P. ewey unley, reen oe ago ista, X, stated he is 100% fine with the building height. John Peterson, applicant, state did not intentionally build the building taller. e stated the neighbor that was affected does not object to the height increase. he Public earing was closed at 8:02 P. embers of the ommission, aid arrell, and ra iesman discussed conforming and nonconforming structures, door height, permitting process, maximum building height and a ariance in comparison to onditional se Permit. n a motion by Jim oss and seconded by ndy hite, the ommission oted unanimously to recommend to the ity ouncil approal of a onditional se at 2403 rant n. (ighland akes states ection 18 ot 18083) from hapter 14, rticle , ection 6.10()(4)(d) to allow an accessory building height of 20 instead of 18, for a partially constructed accessory building. 1. ity ouncil inutes of pril 16, 2015 and ay 1, aid arrell explained to the ommission the minutes are on the web-site and do not need to be an agenda item. ach member can iew them through the web. F ndy hite requested discussion on zoning around airport area. n a motion by ary Zaleski and seconded by ndy hite, the Planning & Zoning ommission meeting adjourned at 8:17 P.

5 ara riffin, hair herry curdy, eelopment erices ecretary n a motion by, seconded by, the foregoing instrument was passed and approed this 13 th day of ugust, 2015.

6 eelopment erices epartment FF P pplication for ezoning File umber: Z-1038 ate: pplicant: epresentatie: earing ates: ocation: June 29, 2015 (eised on July 28, 2015 by adding pdate from ast onth) lton oore Planning & Zoning ommission July 9, 2015 () Planning & Zoning ommission ugust 13, 2015 ity ouncil ugust 20, ar anch d. PP Y onsider adoption of rdinance amending the official zoning map of approximately.52 acres of land, described as ar states, Plat 11, ot 11333, located at 9207 ar anch d., respectiely, ago ista, rais ounty, exas, zoned estricted - ingle Family with ircraft (-) to ommercial irport (-4); proiding a seerability clause; and, proiding an effectie date. (ase o. Z 1038) he eelopment erices epartment has reiewed this request and there are no outstanding comments/issues. n the case that the rezoning is approed, all site engineering, drainage and required infrastructure improements will be reiewed pursuant to the established eelopment eiew Process to ensure that the eelopment has met all applicable Federal, tate and local regulations and permitting requirements. o permits authorizing eelopment shall be issued prior to compliance with all applicable regulations. P F his item was tabled by the Planning & Zoning ommission due to concerns of reduction in property alues and spot zoning brought up by a neighbor in opposition through their attorney. P P he current request to rezone to ommercial irport (-4) to allow for building of hanger with optional minimum liing space located inside ersus the current zoning which allows for a single family home with accessory hanger. ince the rezoning allows new uses, all these uses must be taken into consideration when determining compatibility with the area. n the next page is a list of all uses within the estricted - Page 1 of 4

7 ingle Family with ircraft (-) and potential rezoned ommercial irport (-4), with being a subtracted use and being an added use: / - -4 / - -4 ccessory uilding or Parking lot, commercial se ircraft hangar, Plumbing,, roofing supply sericing, repair, operations abinet Police station shop/commercial anas goods Public and municipal treatment fabrication plants, pump stations, lift stations, public works and related facilities, and municipal buildings and facilities arpentry shop estaurant ommunity ome chool-business/ commercial welling-single family tudio-artist with hangar lectric appliance ubstation-public utility shop/repair xpressing, baggage, elephone exchange deliery serice Family home facility insmith & sheet metal Fire tation pholstery shop Fuel storage arehouse eliports ater tank-surface, subsurface, public elistops ireless ommunications ystems, adio, teleision and microwae antennae and towers6 ome based business holesale distribution or occupation arina useums he rezoning will subtract four (4) uses and add twenty-six (26) potential uses to the site. ses that hae the best potential on this site are ircraft hangar, sericing, repair, operations; welling-single family with hangar; arehouse. he building on this site will more than likely be similar to other buildings constructed in the -4 zoning category where there is potential liing space and the building will take up the entire lot. his could foster the aboe uses due to the type of construction and icinity to the irport. Page 2 of 4

8 ses that may hae potential on this site are abinet shop/commercial, anas goods fabrication, arpentry shop, lectric appliance shop/repair, xpressing, baggage, deliery serice, Fuel storage, eliports, elistops; Parking lot, commercial; Plumbing,, roofing supply, estaurant, chool-business/commercial, insmith & sheet metal, pholstery shop; holesale distribution. lthough many commercial type uses are potentially possible at the site, there would be difficulties with starting many of these businesses. ost require deliery of materials to the site which would be made difficult due to the steepness of ar anch d. and ison rail. nother factor is there is little customer base for other uses which require customers. ses not likely to hae potential on this site are Fire tation, useums, Police station, tudio-artist, ubstation-public utility, elephone exchange, ater tank-surface, subsurface, public; ireless ommunications ystems, adio, teleision and microwae antennae and towers. here are no plans to expand police, fire, or other public utility serices into that area due to lack of need. ther uses would not be compatible at the irport due to height obstructions. he ago ista omprehensie aster Plan has certain policies that may be used as criteria or guidance for a change in zoning. Following is a staff analysis with objecties in bold and staff comments in italics: bjectie 3.19: ith so little property currently zoned for nonresidential use, it is critical that additional land be zoned for nonresidential use. his sites potential rezoning will allow for more land area in conjunction with the current -4 zoned land to the north (see attachment 3). bjectie 5.11: Zone additional land and presere for nonresidential land use. ee answer to bjectie bjectie 5.13: ndeeloped land adjacent to the airport should be ealuated to determine potentially needed zoning changes to support additional nonresidential deelopment. he present lot is undeeloped and adjacent to the irport. nderlying land use is indicatie of industrial uses for the lot. lthough the zoning is not industrial in nature, a commercial use is closer to an industrial use than a residential use. ince the land use is ndustrial and proposed rezoning is a commercial zoning these are not compatible. lthough the ity ode allows for a rezoning in this circumstance, it must meet the following additional requirements under hapter 14, ection 13, ubsection 13.20(). elow are the additional findings of fact (bold) and staff interpretation of those facts (in italics). (1) he ommission finds significant and unanticipated changes hae occurred in the area of the affected parcel since the classification on the land use map was adopted. he area near the irport has been zoned residential een though the land use is industrial, rezoning the land to -4 is a commercial zoning that would better match the underlying land use. Page 3 of 4

9 (2) t is unlikely that the parcel will be deeloped or used for any use permitted under the zoning classification indicated in the ity s aster Plan. he underlying zoning of - is a residential zoning that allows for a single family home with an accessory hanger. his limits the likelihood of parcel deelopment. he location near the airport should allow for the opportunity of additional ses that utilize the irport. (3) he ommission finds that the requested zoning classification is the most appropriate classification for the area affected. he underlying land use is indicatie of industrial uses for the lot. lthough the zoning is not industrial in nature, a commercial use is closer to an industrial use than a residential use. F F F ased on the planning file, staff report, and attachments associated with this packet staff beliees this rezoning is not contrary to the public interest as required by ection 13.20()(3)(a) because the underlying land use is industrial which is indicatie of a higher zoning category of commercial and the zoning to the immediate north is zoned -4 (see attachment 3). ue to the location of the irport, the uses listed within the - 4 zoning category would also better accommodate the deelopment pattern of the irport. eeral comprehensie plan objecties and additional findings of fact in ubsection 13.20() hae been met in staff s professional opinion based on the documentation proided with the report. dditional information is proided through attached exhibits. 1. pplicant equest 2. Proposed rdinance 3. aps Page 4 of 4

10 ttachment 1 pplicant equest

11 Y F P 5803, X FF FX P rn~ w Z Q PP (P P) ame ofw11er(s): /tori o. 00 r r- :rrr: \ner's ddress: s- if() 7 P; J/i ps c ire- 11:-,} usft.,, / r.x 78'73 if- i lf:..r-1 ontact Person: ti J ± o '\ /i c r: re mail ddress: ti J'l re i\1 -'\ l /., il1... ontact Phone umbers: 'Jtf.-:31- -J' 7 7 (Y) () P P F PPY (P P) ubdiision: t:; t'"' - k ection: P d- ot o: / Property ddress: J_2_0_7~_.Jf_q_J-_-~k~~"~"'~"-tl!..~J.~ ~k~"~"lf~e;~/~ F Q (P P equests a Zoning hange from the current zoning designation of..,'--'-1-- -_,_fl., '1; o 4- tti r~ /1;ug, for the purpose of j t; J Ji ti h l1m!j l,_... n my absence hereby designate the following person to act in my behalf as my designated agent. (P P). ame of gent: ddress: Phone umbers: (Yll\1l ()!FX) ignature of pplicant: tf<' ~ ate: ()' b :/ 2.i.r ---~

12 ttachment 2 Proposed rdinance

13 ????? F Y F Y F, X, FF Z P Y Z, P 11, F - ( FY F) -4 ( P) Z ; P F., the landowner of ot 11333, Plat 11, ar states ( ot ) has filed an application requesting the ity of ago ista ( ity ) to consider rezoning such ot from - to -4; and, after giing ten (10) days written notice to the owners of land in and within 200-feet of the area being rezoned, as well as haing published notice to the public at least fifteen (15) days prior to the date of such hearing(s), the Planning and Zoning ommission and ity ouncil each held a public hearing on the proposed re-zoning; and, the Planning and Zoning ommission (the ommission ) at its public hearing on the rezoning of such ot, reiewed the request and the circumstances of the area being rezoned and finds that a substantial change in circumstances of the area being rezoned has transpired sufficient to warrant a change in the zoning; and and, the ommission recommends rezoning such ot from - to -4;, the ity ouncil at its public hearing on the rezoning, reiewed the request and the circumstances of the area and it concurs with the recommendation of the ommission; and, the ity desires that deelopment within its corporate limits occur in an orderly manner in order to protect the health, safety, and welfare of its present and future citizens, protect property alues and proide for the growth of the ity s tax base; and, F, Y Y F Y F, X, : ection 1. Findings. he foregoing recitals are hereby found to be true and correct and are hereby adopted by the ity ouncil and made a part hereof for all purposes as findings of fact. he ommission, ity anager and ity ouncil find that this rdinance satisfies the requirements of ection 13 of the ity of ago ista Zoning rdinance. ection 2. mendment of Zoning rdinance and Zoning ap. he Zoning rdinance and the fficial Zoning ap and other applicable ordinances are hereby rdinance Page 1 of 2

14 modified and amended by rezoning ar states, Plat 11, ot 11333, from - to -4. ection 3. eerability. hould any section or part of this rdinance be held unconstitutional, illegal, or inalid, or the application to any person or circumstance for any reasons thereof ineffectie or inapplicable, such unconstitutionality, illegality, inalidity, or ineffectieness of such section or part shall in no way affect, impair or inalidate the remaining portion or portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the proisions of this ordinance are declared to be seerable. ection 4. onflicting rdinances. ll ordinances or parts thereof conflicting or inconsistent with the proisions of this ordinance as adopted and amended herein, are hereby amended to the extent of such conflict. n the eent of a conflict or inconsistency between this ordinance and any other code or ordinance of the city, the terms and proisions of this ordinance shall goern. ection 5. ffectie ate. his rdinance shall be in force and effect from and after its passage on the date shown below. ection 6. pen eeting. t is hereby officially found and determined that this meeting was open to the public, and public notice of the time, place and purpose of said meeting was gien, all as required by the pen eetings ct, hapt. 551, ex. o't ode. P PP this 16 th day of July, : andy ruger, ayor andra arton, ity ecretary rdinance Page 2 of 2

15 ttachment 3 aps

16 inch = 100 feet equest ype: hange equested: ap Purpose: 9207 ar anch d ezone - to ft otice Project: ate: rawn y: Z /28/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend wner Parcels equestor 200' uffer his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

17 inch = 100 feet equest ype: hange equested: ap Purpose: 9207 ar anch d ezone - to 4 erial & opo Project: ate: rawn y: Z /23/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend 20' ontours wner Parcels equestor his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

18 inch = 100 feet equest ype: hange equested: ap Purpose: 9207 ar anch d ezone - to 4 Future and se Project: ate: rawn y: Z /23/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend wner Parcels equestor Future and se ow ensity esidential ommercial ndustrial his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

19 inch = 100 feet equest ype: hange equested: ap Purpose: 9207 ar anch d ezone - to 4 Zoning Project: ate: rawn y: Z /23/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend wner Parcels equestor his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

20 eelopment erices epartment FF P pplication for onditional se File umber: Z 1041 ate: ugust 13, 2015 pplicant: epresentatie: uy urkhart earing ates: Planning & Zoning ommission ugust 13, 2015 ity ouncil ugust 20, 2015 ocation: awn r. PP Y onsideration by the ity ouncil of a onditional se at awn r. (ago ista ection 1, lock, ots 27-28) from hapter 14, rticle , ection 6.10()(4)(d) to allow an accessory building height of 21.8 instead of 18, for a proposed accessory building. he eelopment erices epartment has reiewed this request and there are no outstanding comments/issues. n the case that the item is approed, all site engineering, drainage and required infrastructure improements will be reiewed pursuant to the established eelopment eiew Process to ensure that the eelopment has met all applicable Federal, tate and local regulations and permitting requirements. o permits authorizing eelopment shall be issued prior to compliance with all applicable regulations. P P his conditional use is to allow placement of an accessory building ( garage) approximately 3.8 feet higher than allowed by the zoning code (hapter 14). his accessory building will be a building similar to the pictures shown in attachment 2. F F F he only finding of fact associated with the application is does the proposed 3.8 higher height balance the priate need and benefits against the impact and effect on an area or neighborhood? pplication of balance the priate need and benefits against the impact and effect on an area or neighborhood can only be applied to the requested 3.8 since an accessory building can be built at the location by right and the request is only for the height presently existing at the site. taff doesn t beliee that the balance of the priate need and benefits against the impact and effect on an area or neighborhood will be significantly affected by Page 1 of 2

21 allowing the 3.8 height increase for the accessory building. eighboring homes to the northwest are on the edge of the lake and would not notice the impact since they hae a lake iew (see attachment 3). lso, homes to the south would not be greatly affect since the accessory building is behind the present home (see attachment 3). he immediate home to the east wouldn t be greatly affected since the area between the proposed accessory building is heaily wooded and the home is on the far east side of their lot (see attachment 3). taff would recommend approal of this request. dditional information is proided through attached exhibits. 1. pplication 2. ite Plan and ocation Photos 3. aps Page 2 of 2

22 ttachment 1 pplication

23 Y F onditional se Permit onditional se Permit Fee: $ pplicant nformation: ame: (/Y 13~ ddress: z11oi 124wdJ>tf!Je tjci ~ s;zl 7; ~ elephone#: ate of pplication: ignature: -11 (7l3).:2.X- J</ zl&aa 1 7 equest: onditional se Permit is being sought for: Jler a-r e;c(:.elb-r'a/11 ;=;~ 4f -uessoey ~/ k//t{ egal escription: o }f:2" ' -46,:; /s771' ~~/ /e c'o.27 - Z:o, s'71-5ee... o/ e, ~ 7 (ubdiision) (ection) (ot) Please attach a to-scale drawing of the improements that would be proided.

24 ttachment 2 ite Plan & ocation Photos

25 -- - Pict of $"ey of prop~~ al~!2~11~0~4~~a~w~n~~r~~~e~-~~~~~~~~-----~-~ descrlbed cs al 27 l!t: 28 laak ' af.!~!!;!~ls~~...:~~::l.!:~~~.:!.!~ ' :--:---:--:--:-: =--:-:---:;;--:-;-:--- a subdiision of record in ap or Plat olume/ook/obine! 0 al Pc:1ge(s)/lide(s).:::,::5:.,. of the -...!c!.r.!!.ai!.! ~s ounly, exo& Pini ecords..f. # oled;_ of: _::. : 1..: = 60' : l l $86'20'38'\./.42) 297.:J 'i!'j) ' 01'06"\./ (93.69) 105,9'< :55'35'\.) 3 71.<;14 12~.&4 sss 2a as 72.7>!<!.64 csss 3s e:> 28 l/j _.... te 1,11... _,, ~01.. r,,i,::.. ::i~ i:.... \ Jl-100' \----i----~--' ~~ J-0,rf ' ~ ~ '1...g <:t} " r ~~ ---!F ''---~i f. d \ lll: 1) (Y,.~,. ~...._n ~co '. f1yj./>e i 00 s ap~ % o: e;;cluslely. ho undarsignod docs hreby c~rtlfy ihat the plat shown reprasents the results of a surey on the ground under my supel'\lision and s true and correct and lhdt tt uirl! ora na dl!ioreponcles, conflict!!, shortoges Jn area, boundtiry line conflict, encroachments, oerlapping of lmpro11menls, isible ullllly easements, 6Y.ept as shown and the properly hos accuss to and from o dedicated raodway. he property shown hereon (:i located in Zone _.. x." r""e.:.;;a'--"o""u""ts""i""d""e--.60.;;..0'"'-'y'-e-a""r-'-tt:.co.;;;a..;;r;l.;:;1:>.:.:la~i11== as shown on ommunity Panel umber _4 1_5...._-:;.0.;;,3:,:g,..o...;~._,...--.,,~ _..;---- of lhe F P prepa!d for --'"'it""'y-"o.;..f-"""a""11:"'-o-.:"i"'-st"""a' , ,,.,,...-:-;;= by lhe F'ederal lnsuronoe dmlnislrolion ermrlmen!,..o. ffactia ata: ---..::Jc::u:.::n:.::ec_.:.16=.,'-"-1=-99:::;;3= :_----- hls nformation fll ba~ed sololy on said mop and the sureyor doe:i not assume responslblllty as to cny lntarmaon proided and does not represent aocuraay or inaccurocy or said map his surey s copyright by richton and!lsoclofes, nc., and s being proidod lely for the uso of tho current parties and no license has been created, ei:press or mplied, to copy 1he surey exc1;1pt as is neae!ilsary in oon]unction with lliis iransaotion onll'.tce: f' P f 0 l/'l" P!; ' 71 Y" /"'! rn /"\ 71 a J/"" PP~ f

26 1. xample of urkhart building. 2. urkhart building will hae 3 roll up doors instead of 2. 3,,,. -r70...

27 ttachment 3 aps

28 P Y inch = 100 feet equest ype: awn r onditional se hange equested: ccessory uilding eight xception ap Purpose: 200' uffer Project: Z-1041 ate: rawn y: 7/28/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend wner Parcels 200' uffer equestor his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

29 P Y inch = 100 feet equest ype: awn r onditional se hange equested: ccessory uilding eight xception ap Purpose: erial & opo Project: Z-1041 ate: rawn y: 7/28/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend 20' ontours wner Parcels equestor his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

30 P Y inch = 100 feet equest ype: awn r onditional se hange equested: ccessory uilding eight xception ap Purpose: Zoning ap Project: Z-1041 ate: rawn y: 7/28/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend wner Parcels equestor Zoning lassification -3 P-1 P-1 P-1-1 his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

31 P Y inch = 100 feet equest ype: awn r onditional se hange equested: ccessory uilding eight xception ap Purpose: Future and se Project: Z-1041 ate: rawn y: 7/28/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend equestor wner Parcels Future and se ow ensity esidential Parks his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

32 eelopment erices epartment FF P pplication for ezoning File umber: Z-1042 ate: July 28, 2015 pplicant: epresentatie: nestments earing ates: Planning & Zoning ommission ugust 13, 2015 ity ouncil ugust 20, 2015 ocation: ar anch d. PP Y onsider adoption of an rdinance amending the official zoning map for approximately.538 acres of land from -1 (tility, oernmental, ducational, and nstitutional) to -1 (ommercial-professional, usiness ffice, ow ensity etail) proiding a seerability clause; and, proiding an effectie date. (ase o. Z-1042). he eelopment erices epartment has reiewed this request and there are no outstanding comments/issues. n the case that the rezoning is approed, all site engineering, drainage and required infrastructure improements will be reiewed pursuant to the established eelopment eiew Process to ensure that the eelopment has met all applicable Federal, tate and local regulations and permitting requirements. o permits authorizing eelopment shall be issued prior to compliance with all applicable regulations. P P he current request is to rezone to ommercial Professional, usiness ffice, ow ensity esidential (-1). ince the rezoning allows new uses, all these uses must be taken into consideration when determining compatibility with the area. n the next page are a list of all uses within the current tility, oernment, ducational, and nstitutional (-1) zoning and the potential zoning of ommercial-professional, usiness ffice, ow ensity etail (-1), with being a subtracted use and being an added use: Page 1 of 5

33 / -1-1 ccessory uilding or se mphitheater ntique shop partment otel with ommercial uto wash, tune-up, repair akery ank, aings and oan arber, eauty hop ed and reakfast stablishment oat amp, ommercial / -1-1 og and cat grooming rug store, soda fountain, tobacco, candy shops ry cleaning lectric appliance shop/repair mployment agency Fabric shop Farmers markets Fire tation Florist Food store-conenience ook/stationary shop Food store-supermarket afeterias Fuel storage amera store Furniture, appliance store arpentry shop arpet, rug cleaners atering establishments olf course olf course-miniature reenhouse-retail emetery hapel hild care institution ardware, paints, wallpaper ealth club/spa obby shop hurches, emples linics (medical) lothing store-men s and/or women s lub, not nightclub ollege or uniersity ommunity enter onalescent home/ursing home ountry club raft, hobby shop ept. store, sporting goods, noelty, toy shops ospice ce cream store nterior ecorator Jewelry, optical goods aundromat ibrary assage establishments eat markets useums ffice, edical and general Park-ctie Page 2 of 5

34 / -1-1 Park-passie Parking lot, commercial Pet boarding with outside run P Pet store-no outside run Photo studio Playground Police station Public and municipal treatment plants, pump stations, lift stations, public works and related facilities, and municipal buildings and facilities adio,, sales/serice adio, studio ealty office ealty office-temporary ecreation facility, commercial estaurant etail store-general chool-public/priate / -1-1 pecialty and noelty establishments chool-business/ commercial erice station ign hop tudio-artist tudio-dance tudio-health tudio-music ubstation-public utility wimming pool-priate wimming pool-public ailor & dressmaking shop elephone exchange pholstery shop eterinary hospital, no outside run ocational and Priate chool ater tank-surface, subsurface, public ireless ommunications ystems, adio, teleision and microwae antennae and towers6 he rezoning will subtract fie (5) uses and add sixty-six (66) potential uses to the site. ses that will be allowed and may hae potential on this site are antique shop, uto wash, tune-up, repair, akery, ank, aings and oan, arber, eauty hop, ook/stationary shop, amera store, arpentry shop, arpet, rug cleaners, atering establishments, hild care institution, lothing store-men s and/or women s, raft, hobby shop, ept. store, sporting goods, noelty, toy shops, og and cat grooming, rug store, soda fountain, tobacco, candy shops, ry cleaning, lectric appliance shop/repair, mployment agency, Fabric shop, Florist, Furniture, appliance store, reenhouse-retail, ardware, paints, wallpaper, ealth club/spa, obby shop, ce cream store, nterior ecorator, aundromat, assage establishments, eat markets, Pet store-no outside run, Photo studio, adio,, sales/serice, pecialty and noelty establishments, ign hop, tudio-artist, tudio-dance, tudiohealth, tudio-music, ailor & dressmaking shop, pholstery shop, eterinary Page 3 of 5

35 hospital, no outside run. his site could foster the aboe uses due to neighboring residential and the ability to foster deelopment within the current building and on the site. ses that will be allowed and not likely to hae potential on this site are mphitheater, partment otel with ommercial, ed and reakfast stablishment, oat amp, ommercial, afeterias, lub, not nightclub, onalescent home/ursing home, ountry club, Farmers markets, Food store-conenience, Food store-supermarket, Fuel storage, olf course-miniature, ospice, Jewelry, optical goods, adio, studio, ealty office, estaurant, etail store-general, erice station, wimming pool-priate, ocational and Priate chool. onstraints such as size of parcel, lack of access to the ake, and lack of traffic make these uses not likely to materialize on the site. he ago ista omprehensie aster Plan has certain policies that may be used as criteria or guidance for a change in zoning. Following is a staff analysis with objecties in bold and staff comments in italics: bjectie 2.12: ttract hotels, motels and other lodging, medical serices and clinics, restaurants, retailers, serices, and employers. rezoning to 1- with oer sixty (60) uses will increase the oerall number of lots associated with a commercial zoning making this an opportunity to attract most of these uses. bjectie 3.19: ith so little property currently zoned for nonresidential use, it is critical that additional land be zoned for nonresidential use. ee answer to bjectie bjectie 5.01: aintain a sufficient amount of nonresidential land to meet the future requirements for new businesses and that encourages local employment and increasing ago ista property alues. ith the rezoning, the amount of uses by right will greatly increase from a commercial perspectie which should increase the marketability of the site and the property alues. bjectie 5.11: Zone additional land and presere for nonresidential land use. ee answer to bjectie ince the land use is esidential and proposed rezoning is a commercial zoning these are not compatible. lthough the ity ode allows for a rezoning in this circumstance, it must meet the following additional requirements under hapter 14, ection 13, ubsection 13.20(). elow are the additional findings of fact (bold) and staff interpretation of those facts (in italics). (1) he ommission finds significant and unanticipated changes hae occurred in the area of the affected parcel since the classification on the land use map was adopted. he neighboring parcels to the north and south are within the same land use and hae the same zoning as proposed in the rezoning (see attachment 3). he site itself with a large building and Page 4 of 5

36 parking area has neer been built for or had any residential zoning uses on the site despite the esidential and se (see attachment 3). his deelopment pattern is the same on some of the other neighboring lots. (2) t is unlikely that the parcel will be deeloped or used for any use permitted under the zoning classification indicated in the ity s aster Plan. he parcel has been deeloped with a parking field and a large building. Preious uses of the site hae been non-residential in nature. t is unlikely this site would be used as residential since it is deeloped to be non-residential in nature (see attachment #1). (3) he ommission finds that the requested zoning classification is the most appropriate classification for the area affected. he neighboring zoning consists of 1-, which is the zoning north and south of this location (see attachment 3). o rezone these lots to a similar zoning would eliminate an area that is spot zoned and would better compliment the area along ar anch d. F F F ased on the planning file, staff report, and attachments associated with this packet staff beliees this rezoning is not contrary to the public interest as required by ection 13.20()(3)(a) because the proposed rezoning will make it match the other zoning category on lots to the north and south, eliminate a spot zoning, and allow for better use for the current deelopment pattern of a large commercial building with associated parking. eeral comprehensie plan objecties and additional findings of fact in ubsection 13.20() hae been met in staff s professional opinion based on the documentation proided with the report. dditional information is proided through attached exhibits. 1. pplication/present ite Plan 2. Proposed rdinance 3. aps Page 5 of 5

37 ttachment 1 pplication/present ite Plan

38 i! /~ i l l Y F P 5803, X FF FX Z Q PP (P P) ame ofwner(s): f/ $ r::sf"pic'l':s_ -'... (Y! P P F PPY (P P) q-r n my absence hereby designate the following person to act in my behalf as my designated agent. (P PJ). ame of gent: ddress: Phone umbers: ----~c:-=~-----:=:-:--:-:------~(f~x~)---

39 ... ~ 1"1.:io.t- '-" ~ - _ -::::..:-...,:---- -~ _..,, ~ P.Y F (PPP.XY 23.4~2 Q. i' J.!±:'F > , -!f!:, l 'l..\ J. h ' P. J:>:r, ~l.'.p?.'[ :P, f. 1~ \QF. ;i7,? l!l, l'\ f':!t. :'!!...\\'! cor:i:-y. X. ( ~:;._~ : \ "' i""<e -.:...~:: ::'~"'!'=,...,,=r--'-~-~r-~=ir"~~~o::~_~~~ _-_..,~-t-r--r...,,"'-"'..,."""= "'ry-..:f- ~ ;.."" ~i ~ ~~ i roa... ' : ~ : ' '. '. ' r~r--":"'" ot6qif 1 l! <»r " '"n,'=> n-~r-, ~ ' '! ' ' l ~J: -. -':-u::--~~ -, t"_,~'--'--""--...;.,"'---l : ".:..'.:."- --- / _... o -.! i. l / l/'('jl'll«t':ji;<oql::!f oe:::j fl" l/y~~~#~ "'"""'"""' """' 'll(.~ +~- +,.,..,.,. 0 ~ ceina. _,. - ~' '$:0 lit.::.~ +~ - ",. l:~~.c~ -~ - -~~ =:11!'...-::;.-a:a:,...,...- ~ -- (il~r:jlf"<l ( ) ~---..,.... _.,.,,,.,., ""'... _"' ""' d-.;.,.. ~ u.... ~ ~c--- 11!...,-...- na..._., ~ cw-e..._.,.. _ ~ :::- -.,..- -~ ~ -- llo ~~ - 4" ----~ ~ tl!d-- ~ ' , ,._.. ~... ~, r ~...- -~u~~7..:r~~;;.~~~=--_-; ---c:-.c ~.--.rir... _,... ~ -...,.. ' ,.,, !llt.l\:-.--- ~-~,;..-~.!.:~--;,::....._.. 1m,,... 11, - _, ~.., _ o-... _,... _..._. _,_~ ~ ~, ~'"" t.!:::.~.in.,.._ 71.~ ~ "-~ ~..._.a:n,..i-oe- ~~&a.':.:'~ "._,,._......,,. ~.._ ~-~- -,_.-... ~ ---- _ f - _". n.1.,._. a"'c iw ~. c.-o.~--.,, ---~-- -.._..~,.,... ~ -=-.:...""t.!.~::":--='-..._ :.r....,._ :Z:::t.,... t:t :.:...-::::::::::.,-..::; ~- '"'-'""- ~ '...,.._,~-~ ~~-;::~~=,,:::=~ :..,':... "~ 1 c._ t1i.- w. -~~r ~ ~-...,...,,,J.:ti ,..., Q' '.-0.._...'» ~~~-~----f'4.... _ e..c ta:;.-u--. - l. - f'.&..a..-~

40 ttachment 2 Proposed rdinance

41 ????? F Y F Y F, X, FF Z P Y Z P 3, F -1 (Y,,, ) -1 (- PF, FF, Y ) Z ; P F., the landowner of ar anches Plat 3, ots ( ots ) has filed an application requesting the ity of ago ista ( ity ) to consider rezoning such ots from -1 to -1; and, after giing ten (10) days written notice to the owners of land in and within 200-feet of the area being rezoned, as well as haing published notice to the public at least fifteen (15) days prior to the date of such hearing(s), the Planning and Zoning ommission and ity ouncil each held a public hearing on the proposed re-zoning; and, the Planning and Zoning ommission (the ommission ) at its public hearing on the rezoning of such ots, reiewed the request and the circumstances of the area being rezoned and finds that a substantial change in circumstances of the area being rezoned has transpired sufficient to warrant a change in the zoning; and and, the ommission recommends rezoning such ot from -1 to -1;, the ity ouncil at its public hearing on the rezoning, reiewed the request and the circumstances of the area and it concurs with the recommendation of the ommission; and, the ity desires that deelopment within its corporate limits occur in an orderly manner in order to protect the health, safety, and welfare of its present and future citizens, protect property alues and proide for the growth of the ity s tax base; and, F, Y Y F Y F, X, : ection 1. Findings. he foregoing recitals are hereby found to be true and correct and are hereby adopted by the ity ouncil and made a part hereof for all purposes as findings of fact. he ommission, ity anager and ity ouncil find that this rdinance satisfies the requirements of ection 13 of the ity of ago ista Zoning rdinance. rdinance ?????? Page 1 of 2

42 ection 2. mendment of Zoning rdinance and Zoning ap. he Zoning rdinance and the fficial Zoning ap and other applicable ordinances are hereby modified and amended by rezoning ar anches Plat 3, ots , from -1 to -1. ection 3. eerability. hould any section or part of this rdinance be held unconstitutional, illegal, or inalid, or the application to any person or circumstance for any reasons thereof ineffectie or inapplicable, such unconstitutionality, illegality, inalidity, or ineffectieness of such section or part shall in no way affect, impair or inalidate the remaining portion or portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the proisions of this ordinance are declared to be seerable. ection 4. onflicting rdinances. ll ordinances or parts thereof conflicting or inconsistent with the proisions of this ordinance as adopted and amended herein, are hereby amended to the extent of such conflict. n the eent of a conflict or inconsistency between this ordinance and any other code or ordinance of the city, the terms and proisions of this ordinance shall goern. ection 5. ffectie ate. his rdinance shall be in force and effect from and after its passage on the date shown below. ection 6. pen eeting. t is hereby officially found and determined that this meeting was open to the public, and public notice of the time, place and purpose of said meeting was gien, all as required by the pen eetings ct, hapt. 551, ex. o't ode. P PP this 20 th day of ugust, : andy ruger, ayor andra arton, ity ecretary rdinance ?????? Page 2 of 2

43 ttachment 3 aps

44 P P Y inch = 100 feet ontinental r ots: equest ype: hange equested: ap Purpose: ezone -1 to 1-200' uffer Project: Z-1042 ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend equestor wner Parcels 200' uffer his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

45 P P Y inch = 100 feet ontinental r ots: equest ype: hange equested: ap Purpose: ezone -1 to 1- erial & opo Project: Z-1042 ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend 20' ontours equestor wner Parcels his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

46 P P Y inch = 100 feet ontinental r ots: equest ype: hange equested: ap Purpose: ezone -1 to 1- Future and se Project: Z-1042 ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend Zoning lass -1 P-1 P wner Parcels equestor his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

47 P P Y inch = 100 feet ontinental r ots: equest ype: hange equested: ap Purpose: ezone -1 to 1- Future and se Project: Z-1042 ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend equestor wner Parcels Future and se ow ensity esidential ed ensity esidential igh ensity esidential Parks his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

48 ate: July 28, 2015 eelopment erices epartment FF P usiness tem #1 iscussion and potential action regarding zoning at and around the irport. P P t the last meeting, the ommission had asked taff to add this item to the genda. his was in regards to the zoning case of Z-1038 which was reheard on this month s agenda and sought to rezone a parcel of land from - to -4 zoning. taff has proided a zoning map of the ity for reiew by the ommission. Page 1 of 1

49 eelopment erices epartment FF P pplication for eplat File umber: 1093 ate: July 28, 2015 pplicant: ed ardinal, earing ates: Planning & Zoning ommission ugust 13, 2015 ity ouncil ugust 20, 2015 ocation: equest: ite is located along ontinental r. he applicant seeks a re-plat in ighland akes states ection 16 ots from a total of four (4) existing lots to six (6) lots he eelopment erices epartment has routed this request to all appropriate reiewing departments. here are no outstanding comments. n the case that the replat is approed, all site engineering, drainage and required infrastructure improements will be reiewed pursuant to the established eelopment eiew Process to ensure that the eelopment has met all applicable Federal, tate and local regulations and permitting requirements. o permits authorizing eelopment shall be issued prior to compliance with all applicable regulations. P Z he applicant has proposed a replat for a portion of ighland ake states to increase the number of lots for four (4) to six (6) lots. taff has reiewed the application and some specified code requirements as stated in hapter 10, rticle , ections 2.18, 4.10, 4.111, and 4.13 of the ity ode hae not been met by the applicant. he applicant has been notified of the code issues but they hae not submitted changes for staff reiew. FF ecommend tabling of the item until staff comments as stated in ttachment 4 hae been addressed by the applicant. dditional information is proided through attached exhibits. 1. pplication 2. riginally pproed Plat 3. Proposed eplat 4. pen omments from taff 5. aps Page 1 of 1

50 ttachment 1 pplication

51 Y F P 5803 m 103 * P X 4727, X FX ll P PP equest is for: _mended Plat e-plat _inor Pint _Preliminary Plat Final Plat _acating Plat Property owner's name: ailingnddress: l<edoeduiol l-l l/67 1a/&///g / #PZ lla-/uyt 7X 7gzs-9 111nhcr & treet ~ _ ity late ~ Zip cod<r Phone: < " l2 l 'f'j J Z > 'f' Zb // < " /2.1 l/q/- 91lil:::Z 'J time ell Fu nreyor/11glneer: _...;;fllh~'/l..c.k~i'l~h~'j...~... fl;...:1.1.:'..:.ji;..k:'e~r& 'l<~f.._.7=---=-~=------'/4"""""'".""""l.._.q""'l ;;t1!!/..._...,e ame of ompnny onflict pers<l......_ Phone: c7jz-) 'f/- 2611'6. ( 'l2..) 33a- /6 z/ omu, " Pu ame of Prop<>sed ProjectJubdiision: &e- ~<bdt /Jlrr p-f= 16/J6f-/6&J7t'-160 7/ 2(.. /6tJ7Z/ f/ o/'h/qnd a/::e & >~>,, fechr//- /h " omplete egal escription of the Proposed Property.!f '/61J'f1, t.>f61j>. J_ ax Parcel #: /~?/60~ /P/b /( ~ -~:; ~....~ubdjision: /ltf/ J(ef,;$( z!p!ji/g/e_y ot umbcr(s): t6dlflt /61J'J14!6Pl/i/bt/?P. :.. : eetjon: lb lock: umber and treet ddress: 1..tJZ. lfe /Zftl;09,) zozb>;; uz.e/ ~lr.tu1zfrt/ lj?, eed is recol'ded in olume: ----Page: of rais ounty ecords. authorize the following person/company to ~t in my behalf as my designat~d a~nt: ame of agent/company: l(e(i; tl.fllld ~ &{?f( aaic ofompnay 6i'tfe!% 8/ Jl{'efi, ame o ooutr olontnrily waie my right to consideration by the Planning & Zoning ommission within 30 days of this application and consideration by the ity ouncil within 60 days of this npplicatio11. ignnture of pplicant: ate: _1;.f, /'-f

52 ttachment 2 riginally pproed Plat

53 . r ;r: ) \ )' ; J..., ~ ''i.. ~ ' " i ~.....''.. ',. ~ ~ ~: ~ ',." ~....i<.. '..., ~ l. " l..t.. '(::.. J '....., "" t l ' ' \.. ',. (. "... "'.., "' Z...~~--.: ,.._.. ' ' '.,... ',, //~. '" Y-~+!.. / '.<,'ti rj::... -~~~{; :..., r.:~ "~ " ;.. ~,......,... '.' - " - / '.,/ ~ ' q ~, :e., f ( ~ jt) > f :.~...-~. ~\,,, / i / ~ ~ 1 ', 1 '... ~... ~..., o-r ' / ;.;~ ' / co ',' i ' ' ~ o ~ ~,.,«:: ' ""' ~ J('ut.,,,.,lk... J ",. na ' () , / ' ~ f ~....,.:.,.., ~ ',..! -' ~ :l'.:ll:::lt- -;=. -. Jr t.-... t.,, 1 c~ <r (,) _J ;..."'. ~ 1,' t<>,...,: :!. ii) 1...~J. ~~ co. 1'.J,--- t ' -..,~ ' --., ,_.-;~~ elf '9.,/l'.-8f"~ Ql -~~' ~m.-j ~= t'rra> ii _r.:-:- ".,../\ " { ~,..:: 1,l!",.!> / ' '. c, "' 'i;;,."{ " ' n -,,."" / r _-( ; ~ - f'\.,.i;, ~ ~- 0 1 ' ', '.. 31"'....,.,,;:)!'lu.f''"'.,"'..,.,, r-... co / 1 ii?>"'. _,...,. \ /,._ "" c f 0 " 1, '. l,..j.. '-' 0 ~ r-,. t\ 0 0 r- <'. - r' (_ /,.._;.:, \'>..,1 J "~~ \er~ "~r:~' ~----./,..,..., ~-~~Jl.~1 e;~~ -""f\ f t l t r------r----\"'... / 1,,.,....,; y--... / 1f/..Jf. ~~,:!Y&;l Q a. 1 ~ 1 \,.,..J - '>, j --:,.. 0.., f) ";<.ti J ~ ~ i- (}. ~ z ll! 0 "'.,.---- ~hi" 0 ~ ~ r a: 4.~ \/). -1 ' ; "> ~ll' --- ~ "l..g---;.. ~ ("' 0 :: it r-,. --- c' ~---- ~ 0 r F? c ~ l lfl!"- hj u.;..... ' ~ ' f..,...,... /... \ l ; ',/ Q... 1')!!! ('',.. f \ /..., ~ 1~-- 2~ - -- l, cc t " l '" ll ~ \ Z) ' \... ",.. ~ ---- ti ~, cl"',! \ / \ 9 ''. t l "'r iitt «> \ /' \ <o ~ / \ J ~--~J J ~ l. 1' l \ ;- -""'. ',.,. /',/ \ ~, ~ - -. >'.,,.., ~--...,_ ,,....,,,,-,, =~t;:---...:'] ~ ',-~~~ i a.. i - -~ ~....,-,... ',, f ri: 41 ~ l. \.. ~~~ -~ :J: 0 ~ lij....., f- - 0 J ~. ~l. $.. 1. '.,..,.. r ~ '.. "'' '.. ' ' '. '. ".,. /1 ~oo. ' '

54 ttachment 3 Proposed eplat

55 100...P......P... P... P...!f ed ordinol,. c/o obert ruinsmo, Jollyille ood ust;n, X : wner : 1" ~ 100' P /2" F 0 1 /2" F " 4324" P F P 1/2" " 4324" P FF P F l Y, X ~ PPY F l Y, X P F l Y, X P F F Y F F aterloo ureyors, nc. P.. ox , ustin, X 'P F;rm#ll Phone: Fox: his subdiision is within the ity imits of ogo ista, exos, os of this the 16th day of June, ll recorded restrictie coenants, restrictions ond easements from preious subdiision apply to this esubdiision plot. 3. ll construction shall be in compliance with the setbacks as set forth in the ity of ogo ista Zoning rdinonce. F 16069, 16070, 16072, X "''t.. () cono P F : : (X P Z 83) ' /' ;;)' ( 88) 3 ( ).P qb~ 8~ 0 ~~!? (/) c.c ' 5 ~ < (c ~ ri (!) ~3~ z < w 4 ( ).P..... Fl 1 60'10'02" ' ' 62'34'18" ' 1 88'34'19" ' (8413') (125.25') 2 49'04'20" 63.53' (8413') (125.25') 3 04'54'18" ' (12'04') (164.51') 4 85'19'44" 41.92' (78'06') (41.96') 03'25'27" 67.81' (03'44') (67.70') 6 36'41'17" ' (28'29') (173.44') 7 73'33'09" 66.02' (66'21') (65.82') 51'17'17" ' (58'30') (108.87') 10'06'07" 69.91' (03'02') (69.91') 10 45'11'43" 52.18' (37'47') (51.90') 11 88'36'24" 55.30' (84'06') (55.87') 12 02'34' 39" 201s P (PPX. 195,641 Q F) F l Y, X, F 16069, 16070, F X, l F 54, P 37 F P F l Y, X, Y. Y JY 4, F FF P F l Y, X : at a 1;2 iron rod found in the south right- of-way of ontinentol rie (50' right-of-way width), for the nort heast corner of said ot 16072, being the northwest corner of ot of said ighland ake s tates; outh 02'37'45" ast, with th e east line of soid o t 16072, being the west line of said ot a distance of feet to o 1/2. iron rod found in the north line of o acre tract coneyed to ago is ta Property wner's ssociation in ol ume 12749, Page 669 of the eal Property ecords of rais ounty, exas, for the southeast corner of sa id ot 16072, being the southwest corner of soid ot 16073; with the common line of said ighland oke states ection 16, being the north line of the said acre tract, the following eleen ( 11 ) courses and distances: 1. orth 88'34'1 9" est, a distance of feet to a 1/2" iron rod found; 2. orth 49'04'20'" est, o distance of feet lo a 1 /2" iron rod found; 3. orth 04'54'18" est, a distance of feet ta a 1/2" iron rod found; 4. outh 85'19'44" est, a distance of feet lo o 1/2" iron rod found; 5. outh Y25'27" ast. a distance of feet lo o 1/2'" iron rod found; 6. outh 36'41'17" est, o distance of feet to o 1/2" iron rod found; 7. outh 73'33'09" est. o distance of feet to a 1/2" iron rod found; 8. orth 51'17'17" est, a distance of feet to o 1/2" iron rod found; 9. outh 10'06'0r est, a distonce of feet to o 1/2" iron rod found: 10. outh 45'11'43" est, o distance of feet to a 1/2" iron rod found; 11. orth 88'36'24" est, o distance of feet to o 1/2" iron rod with "aterloo" cop found in the eost line of ot 4 of isa ogo states, o subdij sion of record in ocument o of the fficial Public ecords of ra is ounty, exas, at the northwest corner of the said acre tract, for the southwest corner of said ot 16069; orth 02" 36'26" est. with the west line of said ot 16069, being the east line of so id ot 4, o distance of 400.og feet to a 1/2" iron rod found in the south right-of- woy line of ontinentol rie for the northwest corner of soid ot 16069, being the northeast corner of said ot 4; orth 87"25'21" ast, with the south right-of-way line of ontinentol rie, being the north lines of soid ots 16069, 16070, and 16072, o distance of feet to the P f and containing ocres (approx. 195,641 square feet.) Fl (50'.. J'. ){54/37} n,_ ;;87-:;5'21" 591~5;- r P... -' (8014') Fl l PPY ' (12749/669) F: F X Y F l w ~ "ll ~ n 16071, (54/37) Y P, hat ed ardinal,, o exas limited liability corporation, o corporation organized and existing under the lows of the tate of exas, with its home address at Jollyille oad, uite 102, ustin, exos 78759, being owners of ots 16069, 16070, and 16072, ighland akes states ection ixteen, o subdiision of record in olume 54, Page 37 of the Plot ecords of rois ounty, exos, coneyed to it in o eneral orranty eed doted January 4, 2006 and recorded in ocument o of the fficial Public ecords of rais ounty, exas, and acting through its owner, obert ruinsmo do hereby resubdiide said ots, totolling acres (approx sq. ft.) in this plot to be known as he esubdiision of ots 16069, 16070, 16071, and 16072, ighland akes states ection ixteen in accordance with the plot shown hereon, subject to any and all easements or restrictions heretofore granted, and do hereby dedicate to the public the use of the streets and easements shown hereon. Y, this the obert ruinsma, wner ed ardinal, Jo11yille ood, uite 102 ustin, exos F X Y F l day of his instrument was acknowledged before me on by obert ruinsma, wner of ed ordinot,, a imited liability corporation, on behalf of said corporation. otary Public, tate of exas F-P : he troct shown hereon es within on oreo designated as Zone "", as identified by the Federol mergency anagement gency, otional Flood nsurance Progrom, and shown on map no , doted eptember 26, 2008, for reis ounty, exas and incorporated oreos. f this site is not within on identified special flood hozord area, this flood statement does not imply that the property ond/or the structures thereon will be free from flooding or flood damage. his flood statement shall not creole liability on the part of the sureyor. Y F: F X: Y F l: Y P J11526P3 J, the undersigned, a registered professional land sureyor in the tole of exas, hereby certify, that this plot is true and correct. that it was prepared from on actual surey of the property mode under my superision on the ground, and that all necessary surey monuments ore correctly set or fo und as shown thereon. "Preliminary, this document shall not be recorded for any purpose and shall not be used ar iewed or relied upon as a final surey document. homas P. ixon egistered Professional and ureyor of the tate of exas o. 4324, / F:, the undersigned, of the ity of ogo ista, hereby certify that this subdiision plot conforms to all requirements of the ity of ogo iste and hos been approed by the city council. pproed: ote: itle: Y F: his final plot hos been considered by the ity ouncil of the ity of ago ista, exos and is approed this doy of oyor ity of ogo ista, e xas F F l Y Y: hereby certify that the oboe ond foregoing plot of ddition to the ity of ogo isto, exos wos approed by the Plonning ond Zoning ommission (or the city council as the case moy be) of the ity of ago ista on the doy of, aid addition shall be subject to all the requirements of the subdiision ordinance of the ity of o go ista, exas. ote Ylitness my hond this day of ' ity ecretary ity of ago ista, exas F F F X Y F l, lerk of the ounty ourt of ra is ounty, exas. hereby certify that the foregoing instrument with its ertification of uthentificotion wos filed in my office at o'clock.m. this t he day of and duly recorded at o'clock.m. on the day of , in the Plot ecords of rais ounty, exas, os ocument o Y F F Y, X, th;s day of lerk of the ounty ourt rais ounty, exas y eputy F X Y F l f iled for record this doy of, 2015, at o'clock ---~m. lerk of the ounty ourt rais ounty, exas y eputy

56 ttachment 4 pen omments from taff

57 Y F P P.. X 4727, X el. (5 2) Fax (5 2) July 16, 2015 : eplat of 4 lots into 6 lots located along ontinental r. o hom t ay oncern: 1) Please address the below comments quickly and resubmit to the ity. 2) Proide a ten (10) foot wide public utility easements along the (hapter 10, rticle , ection 4.13() ity ode). 3) Proide documentation from the power, gas, and communication companies proiding serice to the proposed subdiision that easements shown on the plat are adequate (hapter 10, rticle , ection 4.13() ity ode) 4) ince there is a nearby creek that drains six hundred and forty (640) acres or greater please proide a minimum buffer width of 300 feet from the centerline of the creek or swale on the proposed replat (hapter 10, rticle , ection 4.1 ll()(5) and (10) ity ode). ote, this may greatly affect the easternmost parcels in the new plat. note shall be added to the plat stating, "o deelopment or clearing or grading shall take place in the water quality buffer zone except as allowed by the city watershed protection ordinances." 5) Proide the slope percentages associated with each new lot. e aware that no deelopment shall be permitted on slopes exceeding twenty-fie (25) percent without an exception approed by the ouncil. uch areas shall be shown on the final plat as a slope easement. he final plat shall hae a note that states, "o deelopment is permitted in a slope easement." (hapter 10, rticle , ection 4.1 () ity ode) 6) Proide documentation showing that all city and county property taxes, then due, hae been paid (hapter 10, rticle , ection 2.18(4)(b) ity ode). 7) nder the ity ecretary on the Plat, please remoe anything stating "Planning & Zoning ommission" and replace with "ity ouncil". $:;?2' aid arrell,~

58 ttachment 5 aps

59 Y inch = 150 feet ontinental r ots: equest ype: eplat hange equested: Plat mendment ap Purpose: 200' uffer Project: ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend equestor wner Parcels 200' uffer his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

60 Y inch = 150 feet ontinental r ots: equest ype: hange equested: ap Purpose: eplat Plat mendment erial & opo Project: ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend 20' ontours equestor wner Parcels his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

61 Y inch = 150 feet ontinental r ots: equest ype: hange equested: ap Purpose: eplat Plat mendment Future and se Project: ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend equestor wner Parcels Future and se ow ensity esidential ed ensity esidential igh ensity esidential Parks his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

62 Y inch = 150 feet ontinental r ots: equest ype: hange equested: ap Purpose: eplat Plat mendment Zoning ap Project: ate: rawn y: 7/30/2015 hile eery effort has been made to ensure the accuracy of this data, this map is to be used for reference purposes only. his data should not be construed as a sureyinstrument. o responsibility is assumed by the author for damages or other liabilities due to the accuracy, aailability, completeness, use or misuse of the information herein proided. egend equestor wner Parcels Zoning lassification -3 P his document was made on 8.5 x 11 paper. f it appears otherwise, please scale accordingly.

63 ate: July 28, 2015 eelopment erices epartment FF P usiness tem #1 iscussion and potential action regarding zoning at and around the irport. P P t the last meeting, the ommission had asked taff to add this item to the genda. his was in regards to the zoning case of Z-1038 which was reheard on this month s agenda and sought to rezone a parcel of land from - to -4 zoning. taff has proided a zoning map of the ity for reiew by the ommission. Page 1 of 1

64 egend ax Parcels J Zoning lassification PP P PP PP F F P F YY PP PP YY F 14 YY -1 PP YY -1 JJ FF FF YY P P Y P JJ P-2 X X YY PP FF FF J J PP X FFFF FF FF P FF 1 P-1 P P-1 ZZ Y P YY YY -1 Y Y -6-4 PP Y PP Y FF PP F F -1 PP PP PP Y FF FF F Y PP Y 11 Z PP -1 PP YY PP Y PP YY FF 1 PP PP P -1F PP PP PP PP -1 Y P Y FF FF -1 FF P PP P FF YY Y Y FF P P YY P P -1 PP PP YY PP P PP -1 PP FF P F -4 PP PP P P P Q PP FF YY -2 PP PP Y PP -1 P F Y Y P F PP YY F F PP PP YY PP P P P Z YY YY PP YY Q Q YY F F PP FF Y YY PP YY FF PP PP PP PP P PP F F F X X FF PP YY PP Y PP J YY F PP FF PP P PP FF FF P P YY F F PP P PP F P P XX Y YY PP PP PP P P PP PP YY PP Y PP YY P F P YY FF PP P P J Q P PP FF F YY F PP PP FF PP QQ YY YY YY YY FF YY P F F FF FF J YY PP PP F JJ FF F J Y Y YYFF YY Y Y Z Z F FF JJ YY YY Z Z QQ YY FF J YY YY J FF XX PP YY Z Z YY PP YY Z Z YY FF YY PP YY PP P Y YY FF YY PP PP P PP PP PP PP PP P P PP PP PP PP PP P YY YY PP PP PP X X PP YY P Y FF P P Y Y YY Y Y FF FF FF PP YY PP PP 0 3,000 6,000 1 inch = 1,500 feet 9,000 F F Y FF PP PP

65 Y F P P.. X 4727, X el. (512) Fax (512) July 27, 2015 : usiness tem #2: iscussion and potential action concerning the subcommittees. Planning & Zoning ommission: his will be discussed by staff at the meeting.