Planning & Zoning Commission (P&Z)

PLANNING & ZONING COMMISSION MEETING AGENDA TUESDAY - FEBRUARY 2, 2021 - 6:30 PM LIBERTY HILL MUNICIPAL COURT – COUNCIL CHAMBERS 2801 RR 1869, LIBERTY HILL, TEXAS Wes Griffin - Chair Brian Williams – Vice Chair Cheryl New - Commissioner Steve Messana – Commissioner Josh McGinty – Commissioner _________________ – Commissioner Steve McIntosh - Commissioner Notice is hereby given that a meeting of the PLANNING & ZONING COMMISSION will be held Tuesday – February 2, 2021 at 6:30 PM at the Liberty Hill Municipal Court Building – Liberty Hill to consider items as follows. All items are subject to action. 1. CALL TO ORDER a) Establish Quorum b) Invocation c) Pledge of Allegiance “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with Liberty and Justice for all.” d) Texas Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Liberty Hill has been asked to review and approve the following application(s), to wit: A request for a Zone Map Amendment from the Agriculture (AG) zoning classification to the Light Industrial (I1) zoning classification on the following property: Lots 10 and 11, Barmor Inc Section 2 Addition; specifically located at 137 and 141 Jonathan Drive, generally located at the north terminus of Jonathan Drive, north of West State Highway 29, identified as Assessor’s Parcels Number R-484160 and R- 484161 and consisting of 2.00 acres. In accordance with Section 211.006, Texas Local Government Code, a public hearing on this application will be conducted by the Planning and Zoning Commission (Commission) on Tuesday, February 2, 2021 at 6:30 PM. The Commission will forward its recommendation to the City Council, who will conduct its own public hearing on the matter on Monday, February 8, 2020 at 6:30 PM and take final action. Both public hearings will take place at the Municipal Court Building, Council Chambers, 2801 RM 1869 in Liberty Hill, Texas. For more Planning & Zoning P a g e |1 February 2, 2021  information, you may either visit the Development Services Department at 100 Forrest Street, call (512) 778-5449, or send an email to planning@libertyhilltx.gov. 3. PUBLIC COMMENTS Public comments are welcome. Individuals who wish to speak must complete a Public Comment Form and present the form to the City Secretary before the meeting called to order. Individuals will be allowed to speak up to three (3) minutes. Public comments may also be submitted by email to nsawyer@libertyhilltx.gov - by 3:00 PM the day of the meeting for comment(s) to be read at the meeting. 4. REGULAR AGENDA Discuss and consider a request for a Zone Map Amendment from the Agriculture (AG) zoning classification to the Light Industrial (I-1) zoning classification on the following property: Lots 10 and 11, Barmor Inc., Section 2 Addition, Liberty Hill, Williamson County, Texas; generally located along the northern terminus of Jonathan Drive, north of State Highway 29, identified as Assessor’s Parcels Number R-484160 and R-484161 and consisting of a total of two (2) acres. 5. ADJOURNMENT POSTING CERTIFICATION: I, Nancy Sawyer – City Secretary for the City of Liberty Hill, certify that the attached notice of meeting for the Planning & Zoning Commission of the City of Liberty Hill was duly posted on the bulletin board at Council Chambers located at 2801 Ranch Road 1869 in Liberty Hill, Texas on the 30th day of January 2021 at _____________PM. REMOVAL CERTIFICATION: I, Nancy Sawyer – City Secretary for the City of Liberty Hill, certify that the attached notice of meeting was removed from the bulletin board at Municipal Court / Council Chambers located at 2801 Ranch Road 1869 in Liberty Hill, Texas on the _______ day of __________________, 2020 at ___________. Planning & Zoning P a g e |2 February 2, 2021  Planning & Zoning Commission February 2, 2021 City Council February 8, 2021 Item: A request for a Zone Map Amendment from the Agriculture (AG) zoning classification to the Light Industrial (I-1) zoning classification on the following property: Lots 10 and 11, Barmor Inc Section 2 Addition; specifically located at 137 and 141 Jonathan Drive, generally located at the north terminus of Jonathan Drive, north of West State Highway 29, identified as Assessor’s Parcels Number R-484160 and R-484161 and consisting of 2.00 acres. Owner: Rangeview Properties, LLC Agent: Same as above WILCO ID Number: R484160 and R484161 Current Zoning: Agriculture (AG) Proposed Zoning: Light Industrial (I-1) Site Map:  02.02.2021 Planning & Zoning Commission Meeting 137-141 Jonathan Drive Zone Change, 2.00 acres Staff Report Page 2 of 3 Background: The applicant submitted the request for a zone map amendment on December 30, 2020. If successful, the new zoning will bring two existing flex warehouses, with a +/-19,400 square feet of total floor area, into conformance with Chapter 4 of the Unified Development Code regulating Zoning Districts, Use Regulations and Lot Design Standards. The site plan was approved by City Council on January 22, 2018 as an office park development. The development has since evolved into a flex warehouse development, however. The 2.00-acre project area was platted in 2006 as contiguous Lots 10 and 11, Barmor, Inc. Section II addition and is therefore entitled to building permits and utility service. The property owner entered into a cost-sharing agreement with the City to extend wastewater utilities along Jonathan Drive northward from State Road 29. The business park was annexed in 2015 and still retains its original AG zoning, despite current levels of light industrial and heavy commercial development that have been in place at least since 2007. The applicant has owned the property since 2016. Warehousing, offices, light manufacturing and sales are not allowed in the AG zoning category, therefore a zone change will be necessary. The current development does not appear to meet the definition of a non- conforming use (RE: §4.14, UDC) because the new construction does not pre-date the adoption of the UDC. The following zoning and land uses surround the subject property; ORIENTATION ZONING EXISTING LAND USE Subject Property AG Light Industrial (developed since 2019) North AG Vacant South AG Light Industrial (developed since 2007) East AG Light Industrial (developed since 2011) West C3 Recreational vehicle park Written notification of the public hearing for this request was mailed via certified mail, return receipt requested, on January 13, 2021. A legal advertisement for the project was published on January 14, 2021 in the Liberty Hill Independent. To date, no comments either in support of or against the request have been received. Analysis: The AG zoning category is intended to maintain agricultural land until such time as it is appropriate for more intense development. Any property which is annexed into the city is initially classified as AG until a rezoning request is considered (which may be considered concurrently). The I-1 zoning category is intended to provide for low intensity, limited impact industrial uses, which may include office warehousing, wholesaling, product assembly and light manufacturing conducted primarily within the confines of a building. The project area is located within an area that contains largely warehousing, small-scale manufacturing and fabrication and outdoor storage, all characteristic of a light industrial environment. 2014 Comprehensive Plan: The proposed zone change should ideally promote the following Plan policies: (a) Future Land Use Policy 1 – Manage growth that is compatible with the Vision of Liberty Hill; (b) Future Land Use Policy 5 – Promote clean industrial development in appropriate locations;  02.02.2021 Planning & Zoning Commission Meeting 137-141 Jonathan Drive Zone Change, 2.00 acres Staff Report Page 3 of 3 and (c) Economic Development Policy 1 – Encourage diverse business development and expansion. Based on these observations, the proposed zone change does not appear to be in conflict with the Comprehensive Plan. Spot Zoning: On face value, the rezoning would appear to be a spot zone, which is generally discouraged. If approved, the new light industrial zoning for the project area will be inconsistent with the remainder of the area, which will remain as Agricultural, or AG. Existing light industrial development patterns are already in place in the area, however, and there are neither a definitive Future Land Use Map nor redevelopment policies in place for guidance. Therefore, the issue of spot zoning appears to be moot. A city-initiated rezoning from AG to I-1 along Jonathan Drive, at some point in the future, would not be unreasonable, and it would eliminate any existing nonconformances. Public Health, Safety and Welfare: Per §3.07.04.B of the UDC, there appears to be nothing found to suggest that approval of this request will compromise the health, safety or welfare of the general public. Furthermore, it does not appear that approval of this request will detract from the safe, orderly and healthful development of the city. Response to Present Conditions: The project area contains an as-built situation; the rezoning will rectify a nonconformity or otherwise inappropriate land use. All of the properties along the west side of Jonathan Drive were platted for non-residential, non-agricultural use prior to the City exercising its subdivision authority within the ETJ. Industrial and heavy commercial uses have historically been in place since 2007. Based on these observations, the proposed zone change appears to be an appropriate response to present conditions in the area. Capital Projects: The project area has access to both a 3-inch low pressure sewer force main and 6- inch water line. The project area abuts an existing public roadway that is at standard, therefore no new public roadway will be necessary. On-site drainage detention is already in place, therefore no off-site public drainage improvements will be necessary. Based on these observations, approval of the rezoning does not appear to trigger any unscheduled or unprogrammed capital expenses. Other Considerations: The proposed zone change does not appear to be arbitrary; the current land use, flex warehousing, appears to be consistent with existing land use patterns. The project area’s proximity to SR-29 may be a compelling reason for the development, because SR-29 is a primary east-to-west transportation corridor, but that may not be the only, or even the overwhelming reason for the development. The proposed rezoning will neither cause a disruption to area land use patterns nor introduce an incompatibility. The request does not appear to favor a particular person or a limited group of interests. Recommendation: Staff finds the application complete and suitable for further consideration.  CITY OF LIBERTY HILL ORDINANCE NO. 21-O-______ AN ORDINANCE OF THE CITY OF LIBERTY HILL, TEXAS TO AMEND APPENDIX A OF THE LIBERTY HILL CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE, WHICH ADOPTS ZONING DISTRICTS, USE REGULATIONS AND LOT DESIGN STANDARDS WITHIN THE CITY’S LIMITS AS WELL AS AN OFFICIAL ZONING MAP IN ACCORDANCE WITH THE COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF CERTAIN PROPERTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Liberty Hill (City) adopted Ordinance 05- O-13 on March 22, 2005, which established Appendix A of the Code of Ordinances for the City, also known as the Unified Development Code (UDC), thereby adopting an official zoning map for the City; and WHEREAS, the City received a petition from the owner of Lots 10 and 11, Barmor, Inc. Section II addition, a +/-2.00-acre area of land located at 137 and 141 Jonathan Drive, generally located at the north terminus of Jonathan Drive, north of West State Highway 29, and identified as Assessor’s parcels number R-484160 and R-484161, to amend the property’s zoning on the official zoning map from the Agriculture (AG) zoning district to the Light Industrial (I1) zoning district; and WHEREAS, the Planning and Zoning Commission (Commission) met in a regular meeting on February 2, 2021 and conducted a public hearing on this matter, after which the Commission recommended approval of the zone map amendment to the City Council by a vote of _____ AYES; _____ NAYS; _____ ABSTENTIONS; and WHEREAS, public notice of such hearing was done in accordance with state law and the City’s UDC through both mailed written notices and notices posted at both a municipal public building and online; and WHEREAS, the City Council conducted a public hearing on February 8, 2021 to consider the Commission’s recommendation as well as public comment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LIBERTY HILL, TEXAS SECTION 1. The recitals contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. The official zoning map, as established under Chapter 4, Appendix A of the Code of Ordinances for the City of Liberty Hill, the Unified Development Code, is hereby amended to permanently rezone the property hereinafter described and as shown in Exhibit “A,” as herein attached, from the Agriculture (AG) zoning district to the Light Industrial (I1) zoning district: Lots 10 and 11, Barmor, Inc, Section II addition, located at 137 and 141 Jonathan Drive, generally located at the north terminus of Jonathan Drive, north of West State Highway 29, identified as Assessor’s parcels number R-484160 and R-484161, and consisting of +/-2.00 acres. SECTION 3. The City Administrator, or designee, is hereby directed to correct the official zoning map to implement the changes adopted herein. SECTION 4. In all other respects, the use of the property herein described shall be subject to all applicable regulations contained in the City’s Code of Ordinances, including the Unified Development Code, as amended. SECTION 5. Severability. It is hereby declared that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, because the same would have been enacted by the City Council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7. Effective Date. This Ordinance shall take effect immediately from and after its adoption and it is accordingly so ordained. PASSED & APPROVED this 8th day of February, 2021 by the City Council on a vote of _____AYES; _____NAYS; ______ABSTENTIONS. ___________________________ MAYOR ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY  EXHIBIT “A” LEGAL DESCRIPTION OF SUBJECT AREA Lot 10 (1.00 ac.) and Lot 11 (1.00 ac.), Barmor, Inc. Section II addition, as recorded under Document 2006110745, Official Public Records, Williamson County, Texas  Development Services Department; Planning and Zoning 100 Forrest Street Liberty Hill, TX 78642 Main Number: (512) 778-5549 │ Fax Number: (512) 778 -5418 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the City of Liberty Hill has been asked to review and approve the following application(s), to wit: A request for a Zone Map Amendment from the Agriculture (AG) zoning classification to the Light Industrial (I1) zoning classification on the following property: Lots 10 and 11, Barmor Inc Section 2 Addition; specifically located at 137 and 141 Jonathan Drive, generally located at the north terminus of Jonathan Drive, north of West State Highway 29, identified as Assessor’s Parcels Number R-484160 and R-484161 and consisting of 2.00 acres. In accordance with Section 211.006, Texas Local Government Code, a public hearing on this application will be conducted by the Planning and Zoning Commission (Commission) on Tuesday, February 2, 2021 at 6:30 PM. The Commission will forward its recommendation to the City Council, who will conduct its own public hearing on the matter on Monday, February 8, 2020 at 6:30 PM and take final action. Both public hearings will take place at the Municipal Court Building, Council Chambers, 2801 RM 1869 in Liberty Hill, Texas. For more information, you may either visit the Development Services Department at 100 Forrest Street, call (512) 778-5449, or send an email to planning@libertyhilltx.gov. By order of the Development Services Director on January 11, 2021 Publication Date: January 14, 2021 Liberty Hill Independent Please bill invoice and mail proof of publication to: City of Liberty Hill 100 Forrest Street Liberty Hill, TX 78642 ATTN: David Stallworth, Director (512) 778-5449, extension 102  Development Services Department, Planning and Zoning 100 Forrest Street Liberty Hill, TX 78642 Main Number: (512) 778-5549 │ Fax Number: (512) 778 -5418 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Liberty Hill has been asked to review and approve the following application(s), to wit: A request for a Zone Map Amendment from the Agriculture (AG) zoning classification to the Light Industrial (I1) zoning classification on the following property: Lots 10 and 11, Barmor Inc Section 2 Addition; specifically located at 137 and 141 Jonathan Drive, generally located at the north terminus of Jonathan Drive, north of West State Highway 29, identified as Assessor’s Parcels Number R-484160 and R-484161 and consisting of 2.00 acres. In accordance with Section 211.006 of Texas’ Local Government Code, a public hearing on this application will be conducted by the Planning and Zoning Commission (Commission). This hearing will begin at 6:30 PM on Tuesday, February 2, 2021. The Commission will then forward its recommendation to the City Council, who will conduct its own public hearing at 6:30 PM on Monday, February 8, 2021, at which time a final decision will be made on the matter. Both public hearings will take place at the Municipal Court Building, Council Chambers, 2801 RM 1869, Liberty Hill, Texas. As a recipient of this Notice, you are invited to attend these public hearings and offer comment. You may also submit written comments regarding this application to the city’s Planning and Development Department, 100 Forrest Street, Liberty Hill, Texas 78642. Any written comments received in advance of the public hearing will be presented during the hearing and become part of the official record. For more information, call (512) 778-5449. Thank you. PLANNING AND ZONING COMMISSION CITY OF LIBERTY HILL, TEXAS Chair Subject area N NOT TO SCALE  Jonathan Drive Zone Change Parcel ID Owner MailAddress MailCity/State/Zip R484158 YASIN, AMER 12705 HUNTERS CHASE DR AUSTIN, TX 78729‐7244 R502658 ALZ COMMERCIAL GROUP, LLC PO BOX 441 CEDAR PARK, TX 78630‐0441 R502657 ALZ COMMERCIAL GROUP, LLC PO BOX 441 CEDAR PARK, TX 78630‐0441 R022881 BALZEN, ROBERT H & PATRICIA A 309 BLESSING RANCH RD LIBERTY HILL, TX 78642 R379971 GOERDEL, GARRY L & NANCY 121 VINEYARD RD LIBERTY HILL, TX 78642‐4753 R484159 J C TEXAS PROPERTIES LLC 133 JONATHAN DR LIBERTY HILL, TX 78642 R502656 MANTLE OF HOPE MINISTRIES P.O. BOX 1412 LEANDER, TX 78646‐1412 R484160 RANGEVIEW PROPERTIES LLC 1722 CANONERO DR AUSTIN, TX 78746‐2111 R484161 RANGEVIEW PROPERTIES LLC 1722 CANONERO DR AUSTIN, TX 78746‐2111 R022828 WLH COMMUNITIES ‐ TEXAS LLC 4695 MACARTHUR CT #FL 8TH NEWPORT BEACH, CA 92660 TOTAL: TEN (10) PROPERTIES TOTAL MAILOUT: EIGHT (8) LETTERS @ 5.00 EACH, $40.00 TTL