Planning & Zoning Commission (P&Z)

PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - JUNE 1, 2021 - 6:30 PM AGENDA Council Chambers at Municipal Court - 2801 Ranch Road 1869, Liberty Hill, Texas Diane Williams Josh McGinty Steve Messana Brian Williams Wes Griffin 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 COMMENTS Public Comments are welcome. You may submit Public Comments in person, or you may submit to the City Secretary at nsawyer@libertyhilltx.gov before 3:00 PM the day of the meeting. 3) REGULAR AGENDA a) Discuss and consider approval of minutes of April 6, 2021 Planning and Zoning meeting. b) Discuss and consider action on tree removal for Tex-Con Oil Site SH-29 and Hwy. 183. 4) ADJOURNMENT 1 City Council reserves the right to adjourn into Execu ve Session at any me during the course of the mee ng to discuss any item listed above, as authorized by Texas Government Code Sec on 551.071 (Consulta on with A orney), §551.072 (Delibera ons about Real Property), §551.073 (Delibera ons about Gi s and Dona ons), §551.074 Personnel Ma ers), §551.076 (Delibera ons about Security Devices), and §551.087 (Development). In compliance with the Americans with Disabili es Act, the City of Liberty Hill will provide reasonable accommoda on for persons a ending City Council mee ngs. To be er serve you, requests need to be received 48 hours prior to the meeting. Contact the City Secretary at 512-778-5449 –Extension 112. POSTING CERTIFICATION: I, NANCY SAWYER – CITY SECRETARY – CITY OF LIBERTY HILL cer fy that the a ached no ce of mee ng for the CITY COUNCIL – CITY OF LIBERTY HILL, TEXAS was duly posted on the bulle n board at Council Chambers located at 2801 Ranch Road 1869 in Liberty Hill, Texas and on the City website (www.libertyhilltx.gov) on the 27th day of May, 2021 at 9:15 AM. Nancy Sawyer – City Secretary. nbs REMOVAL CERTIFICATION: I, NANCY SAWYER – CITY SECRETARY – CITY OF LIBERTY HILL cer fy that the a ached no ce of mee ng was removed from the bulle n board at Municipal Court / Council Chambers located at 2801 Ranch Road 1869 in Liberty Hill, Texas on the _______ day of __________________, 2021 at _______. INITIALS________ 2  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - JUNE 1, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.a Discuss and consider approval of minutes of April 6, 2021 Planning and Zoning meeting. 3  Planning and Zoning Commission Minutes Tuesday – April 6, 2021 – 6:30 PM Location: Liberty Hill Municipal Court 2801 Ranch Road 1869 – Liberty Hill CALL TO ORDER The Planning and Zoning Commission meeting was called to order by Commission Chair Wes Griffin on Tuesday – March 2, 2021 at 6:30 PM at 2801 Ranch Road 1869, Liberty Hill, Texas. Quorum was established. Invocation was given followed by the Pledge of Allegiance and Texas Pledge. Planning and Zoning Commissioners present: Wes Griffin, Josh McGinty, Cheryl New, Brian Williams REGULAR AGENDA Discuss and consider approval of minutes of March 2, 2021 Planning and Zoning meeting. Outcome: On motion by Josh McGinty and second by Steve Messana, the Commission approved the minutes as presented. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Discussion and recommendation to the City Council on final disposition of the application for the Myrtle Duplexes Preliminary Plat. Pam Mundo with Mundo & Associates introduced Julissa Trevino with the Liberty Hill Planning and Development Services Department. Ms. Trevino provided a description of the property. Outcome: On motion by Brian Williams and second by Josh McGinty, the Commission approved the final disposition of the application for the Myrtle Duplexes preliminary Plat for recommendation to Council. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Discussion and recommendation to the City Council on final disposition of the application for the Omega Ranch Phase 2 Subdivision construction plans. Planning and Zoning Minutes 1|Page April 6, 2021 4  Pam Mundo, Mundo & Associates presented stating the constructions plans have been reviewed and approved by city staff. This property lies within the ETJ. The developer has bring in a performance bond at 110% of the construction value. Outcome: On motion by Josh McGinty and second by Cheryl New, the Commission approved the Final disposition of the application for Omega Ranch Phase 2 Subdivision construction plans for recommendation to Council. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Discussion and recommendation to the City Council on the final disposition of the application for the Morningstar Phase 4 Section 3 Subdivision construction plans. Outcome: Brian Williams excused himself for possible conflict of interest. Following presentation, motion was made by Josh McGinty and seconded by Cheryl New to recommend to Council acceptance of the final disposition of the application for the Morningstar Phase 4 Section 3 Subdivision construction plans. Motion passed on vote of 3 ayes, 0 nays, and 1 abstention. Brian Williams abstained from the vote for possible conflict of interest. ADJOURNMENT On motion by Cheryl New and second by Brian Williams, the Planning and Zoning Commission was adjourned at 6:42 PM. _____________________________ Nancy Sawyer City Secretary Planning and Zoning Minutes 2|Page April 6, 2021 5  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - JUNE 1, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.b Discuss and consider action on tree removal for Tex-Con Oil Site SH-29 and Hwy. 183. 6  PLANNING AND ZONING COMMISSION June 1, 2021 ITEM: Discussion and recommendation to the Planning and Zoning Commission on the Tree Removal for Tex-Con Oil Site SH 29 & Hwy 183 OWNER: Hays City Corp AGENT: Antonio Prete, Waeltz & Prete, INC. WILCO ID NO.: R-022853 ZONING: C3 – General Commercial 7 Discussion: For an application to be under consideration when one is submitted, the Trees on the property must be removed. This site is within the City of Liberty Hill. Background: The Uniform Development Code for the City of Liberty Hill, Section 6.07 Tree Inventory and Protection, Item E. requires “Any hardwood tree 19” in diameter or larger shall require Planning and Zoning Commission Approval before removing.” Engineer Antonio Prete, P.E. of Waeltz & Prete, Inc. on behalf of their client, Tex -Con who is proposing to develop an auto gasoline service station and retail convenience store, is requesting the approval of removing… 3 legacy trees #305 live oak at 49” #308 live oak at 32” #375 live oak at 28” #309 live oak at 42” Total 151 “of legacy trees 1 non-legacy tree #306 Burr Oak at 16” 3 non-protected trees #304 Hackberry 19” #310 Cedar 39” #315 Cedar 40” Note no approval is needed to remove non-protected trees See the Tree Protection Plan which shows the location of the trees to be removed and of the other trees that are being preserved. The requirements of the Liberty Hill Planning and Development Department follows the Round Rock tree replacement standards. For the legacy trees 302 inches of trees will need to be replaced on the site or to pay a mitigation fee of $45,300 once the Planning and Zoning Commission approves the removal. For the non-legacy tree 16 inches of trees will need to be replace on the site or to pay a mitigation fee of $2,400 once the Planning and Zoning Commission approves the removal. The site planning does not allow for additional trees on site. The mitigation fee will need to be paid. Recommendation: The staff recommendation is to approve the removal of the trees planned. The proposed removal is necessary for the project to be developed as planned. Nine other large legacy trees are being protected on the site. Note this approval is not an approval of the site plan which will be presented at a later meeting before the P & Z. The tree mitigation fees will be required to be paid prior to site plan approval. 8  0 15 30 60 HORIZONTAL SCALE LEGEND TREE TO REMAIN (TYP.) REMAIN REMOVE PROTECTED TREE (10" TO 19") PROTECTED TREE (19" & GREATER) NON-PROTECTED TREE TREE TO BE REMOVED (TYP.) R NP R P GAS STATION R P RETAIL CANOPY R P BUILDING W/ PUMPS P ± 3220 SF R NP NP 6 R P P P P P P P P 7 R - TREE TO BE REMOVED P - PROTECTED TREE NP - NON-PROTECTED TREE EXIT ONLY TREE CALCULATIONS: ONLY NON PROTECTED TREES TO BE REMOVED: = 58 INCHES PROTECTED TREES TO BE REMOVED (10" - 19"): = 16 INCHES ONLY PROTECTED TREES TO BE REMOVED (19" & GREATER): = 109 INCHES TOTAL PROTECTED TREES TO BE REMOVED = 125 INCHES PROTECTED TREES TO REMAIN (10" - 19"): = 0 INCHES PROTECTED TREES TO REMAIN (19" & GREATER): = 345 INCHES K:\CAD\033-009 Chasco-TEX-CON Oil-Liberty Hill\4-CAD\EXHIBITS\033-009 Site Plan Layout - Exhibit.dwg, 2/8/2021 3:17:44 PM, 1:1, JRW TOTAL PROTECTED TREES TO REMAIN: =345 INCHES TREE PROTECTION PLAN Waeltz & Prete, Inc. CIVIL ENGINEERS ALL INFORMATION FURNISHED REGARDING THIS PROPERTY IS FROM SOURCES 211 N. A.W. GRIMES BLVD. DEEMED RELIABLE. HOWEVER, WAELTZ & PRETE, INC. HAS NOT INDEPENDENTLY Round Rock, TX. 78665 VERIFIED ANY OF THESE SOURCES. NO WARRANTY OR GUARANTEE IS MADE BY PH (512) 505-8953 WAELTZ & PRETE, INC. AS TO THE ACCURACY. THE INFORMATION SHOWN IS FIRM TX. REG. #F-10308 CONCEPTUAL IN NATURE AND DOES NOT REPRESENT ANY REGULATORY APPROVAL. 9 6.07 Tree Inventory and Protection An inventory of existing trees greater than ten (10) inches [in] diameter measured from four (4) feet above ground level shall be inventoried and identified in the Site Plan. The Site Plan shall indicate which trees are proposed to remain, and which are to be removed. The following requirements apply: A. Trees to remain after construction is complete shall be protected from possible injury during construction. B. Exceptions to these requirements include the following: 1. Trees that should be removed because they pose a safety risk; 2. Trees that must be moved because of right-of-way expansion; or 3. Trees that must be moved during a fire prevention operation. C. Land Clearing and Modification. Clear cutting of any sort (by hand, chainsaw, machine or other means) of trees greater than nineteen (19) inches in diameter measured four (4) feet from ground level from a residential or commercial property shall be prohibited. Up to 40% of trees under 19" in diameter can be removed. Trees under 10" in diameter are not included in the 40%. Exception can be granted by the City Administrator if an acceptable replacement plan is provided. D. Exceptions to this prohibition are made for trees that pose a health and safety problem, including Hackberry, Mesquite, and Ash Juniper/Cedar. E. Any hardwood tree 19" [in] diameter or larger shall require Planning and Zoning Commission Approval before removing. F. No tree shall be planted in a public right-of-way without prior authorization from the City Administrator and any other applicable entity (e.g., Williamson County, TxDoT). 10