Planning & Zoning Commission (P&Z)

PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 - 6:30 PM AGENDA Council Chambers at Municipal Court - 2801 Ranch Road 1869, Liberty Hill, Texas Chad Cormack Steve Messana Jon Mathiasen Diane Williams 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) CONSENT AGENDA Consent Agenda items are considered to be routine and will be enacted by one motion. There will be no separate discussion of those items unless requested by Council, in which the item(s) will be removed from Consent Agenda and considered under Regular Agenda. a) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held August 17, 2021. b) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held 1  September 7, 2021. c) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held September 14, 2021. d) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held October 5, 2021. 4) 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) 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 Agricultural (AG) zoning classification to the General Commercial / Retail (C3) zoning classification on the following property: 5.00 ACRES - BEING PART OF THE W. H. MONROE, SURVEY, ABSTRACT NO. 453 IN WILLIAMSON COUNTY, TEXAS, A PART OF LAND CONVEYED TO THE DIPPREY FAMILY IRREVOCABLE TRUST ET AL, VIA DOCUMENT NO. 2011015030 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND IDENTIFIED AS ASSESSOR'S PARCEL R022670. THE PROPERTY IS ADDRESSED AS 8600 HIGHWAY 29 W, LIBERTY HILL, TX 78642. b) NOTICE OF A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CITY OF LIBERTY HILL CODE OF ORDINANCES: A request for amending Appendix A of the Liberty Hill Code of Ordinances amending Article 5.00. Infrastructure and Public Improvements, Section 5.03.10, relating to the acceptance of public improvements. 5) REGULAR AGENDA a) Consideration and possible action on Ordinance 21-O-11.16-01 amending Appendix A of the Liberty Hill Code of Ordinances amending Article 5.00, Infrastructure and Public Improvements, Section 5.03.10 relating to the acceptance of public improvements and direction to staff. b) Discuss and consider recommendation to City Council on appointing a replacement to Planning and Zoning Commission vacancy. c) Consideration and possible action to appoint a Secretary to the Planning and Zoning Commission for a one-year term beginning October 1, 2021 and ending September 30, 2022. d) Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from Agricultural (AG) zoning classification to General Commercial/Retail (C3) zoning classification on the following property: 8660 State Highway 29 with a legal description of AW0453 Monroe, W. H. Survey, Acres 2  5.000, Williamson County, Texas; specifically, generally located on the north side of State Highway 29 and identified as Assessor’s Parcel Number R022670. e) Discussion and recommendation on the final action of the Butler Farms Phases 12-16 preliminary plat being 105.151 acres out of the John B. Berry Survey, Abstract No. 56, and being a portion of the 546.33-acre tract of land conveyed to 366 TX 29, LTD. The property is generally located along the north right-of-way of State Highway 29 approximately one mile west of Liberty Hill High School and two and a half miles east of Old Highway 29. f) Discussion and recommendation on the final action of the Omega Ranch Phase 2, North final plat being 14.386 acres out of the Greenleaf Fisk Survey Abstract No. 5. The property is generally located along the east right-of-way of Kaufman Loop, north of State Highway 29, and south of the Morningstar subdivision. g) Discussion and recommendation on the final action of the Omega Ranch Phase 2, South final plat being 19.406 acres out of the Greenleaf Fisk Survey Abstract No. 5. The property is generally located along the east right-of-way of Kaufman Loop, north of State Highway 29, and south of the Morningstar subdivision. h) Discussion and recommendation on the final action of the Summerlyn West Sections 4 and 5 final plat, being 27.09 acres out of the J.B. Robinson Survey Abstract No. 521. The property is generally located along the south right-of-way of County Road 263 between Summerlyn Phase L-8 and the Capital Metropolitan Transportation Authority Railroad. 6) COMMISSIONER COMMENTS 7) DIRECTOR'S COMMENTS 8) ADJOURNMENT 3 The City Council, Boards, and Commissions reserve the right to reconvene, recess, realign, change the order of business, or adjourn into Execu ve Session at any me during the course of the mee ng, prior to adjournment, 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 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 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 10th day of November, 2021 at 3:45 PM. 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 _______ 4  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.a Discuss and consider approval of minutes of Planning and Zoning Commission meeting held August 17, 2021. 5  Planning and Zoning Commission Minutes Tuesday – August 17, 2021 – 6:30 PM Liberty Hill Municipal Court 2801 Ranch Road 1869 – Liberty Hill CALL TO ORDER The Planning and Zoning Commission meeting was called to order by Steve Messana on Tuesday – August 17, 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: Steve Messana, Jon Mathiasen, Diane Williams, and Chad Cormack. PUBLIC HEARING: Public Hearing was opened at 6:32 PM. This public hearing is on possible recommendation to City Council on a request for a Zone Map Amendment for General Commercial / Retail (C3) to the Multi-Family Residential (MF2) zoning classification. Following discussion, the Public Hearing was closed at 6:50 PM. REGULAR AGENDA DISCUSSION, CONSIDERATION, AND POSSIBLE RECOMMENDATION TO CITY COUNCIL ON A REQUEST FOR A ZONE MAP AMENDMENT FROM GENERAL COMMERCIAL / RETAIL (C3) TO THE MULTIFAMILY RESIDENTIAL (MF2) ZONING CLASSIFICATION. Following discussion, Steve Messana made a motion to approve the request. Chad Cormack seconded the motion. Motion passed on vote of 4 ayes, 1 nay, and 0 abstentions. Jon Mathiasen opposed the motion. DISCUSS AND CONSIDER APPROVAL OF MINUTES OF JUNE 15, 2021, PLANNING AND ZONING COMMISSION MEETING MINUTES. On motion by Steve Messana and second by Diane Williams, the minutes were approved. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. DISCUSS AND CONSIDER APPROVAL OF MINUTES OF JULY 6, 2021, PLANNING AND ZONING COMMISSION MEETING. Planning and Zoning Minutes 1|Page August 17, 2021 6  On motion by Diane Williams and second by Steve Messana, the minutes as amended were approved. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. DISCUSS AND CONSIDER APPROVAL OF JULY 20, 2021, PLANNING AND ZONING COMMISSION MEETING MINUTES. On motion by Chad Cormack and second by Steve Messana, the minutes were approved. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. PRESENTATION ON DUTIES AND RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION WITH DISCUSSION ON PROCEDURAL EXPECTATIONS FOR FUTURE MEETINGS. Jerry Millard presented an overview of the roles and responsibilities of the committee members. Lacie Hale, City Administrator stated the direction staff has received is to update the Comprehensive Plan in house, bring back to the Planning and Zoning Commission, and then update further. The appropriate time between updates is around ten (10) years. Nella Joseph, legal counsel, advised consistency between the UDC and Comp Plan. The use of a standardized intake schedule was discussed. Planning and Zoning would like a recap following Council decisions. No action was taken. DIRECTOR’S COMMENTS John Byrum, Director of Planning stated previously, a tree removal request had been presented to P & Z. Chris Pezold spoke to the Commissioners stating the park donation from him is close to 20%. There will be a total of 480 apartment units in two phases. He stated he wished to address their concerns on the trees. He also addressed the lack of Downtown LUEs with the Commission. The Commission discussed the lack of LUEs and possible ways to combat that. REGULAR AGENDA, resumed DISCUSSION, CONSIDERATION, AND POSSIBLE RECOMMENDATION TO CITY COUNCIL OF THE UDC. Lacie Hale, City Administrator addressed the commission stating the red-lined version included in the packet shows all proposed changes. Ms. Hale explained this must go through Planning and Zoning prior to going to Council. COMMISSIONERS’ COMMENTS Jon Mathiasen stated he would love to have a drawing of all approved developments going on in the City. Steve Messana stated he would like to keep updated on what’s going on in the city, even those items that don’t come before the Planning and Zoning Commission. He stated he would like a quick overview of what has broken ground. Planning and Zoning Minutes 2|Page August 17, 2021 7  ADJOURNMENT On motion by Chad Cormack and second by Steve Messana, the Planning and Zoning Commission meeting was adjourned at 8:28 PM. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. PASSED AND APPROVED by the Planning and Zoning Commission of the City of Liberty Hill, Texas on Tuesday, November 16, 2021 on vote of _____ ayes, _____ nays, and _____ abstentions. _____________________________ Nancy Sawyer City Secretary Planning and Zoning Minutes 3|Page August 17, 2021 8  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.b Discuss and consider approval of minutes of Planning and Zoning Commission meeting held September 7, 2021. 9  Planning and Zoning Commission Minutes Tuesday – September 7, 2021 – 6:30 PM Liberty Hill Municipal Court 2801 Ranch Road 1869 – Liberty Hill CALL TO ORDER The Planning and Zoning Commission meeting was called to order by Wes Griffin on Tuesday – September 7, 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: Chad Cormack, Jon Mathiasen, Wes Griffin, and Diane Williams. REGULAR AGENDA DISCUSSION AND POSSIBLE RECOMMENDATION TO CITY COUNCIL ON A REQUEST BY CHRIS PEZOLD, ON BEHALF OF THE APPLICANT CASEY PEZOLD, FOR A ZONE MAP AMENDMENT FROM MULTIFAMILY RESIDENTIAL (MF2) AND AGRICULTURAL (AG) ZONING TO PLANNED UNIT DEVELOPMENT (PUD) CLASSIFICATION FOR A DEVELOPMENT. Diane Williams called for a point of order to state that they cannot vote until after the Public Hearing. Jerry Millard, Planner provided an oral review of the Staff Report. He stated staff recommends approval. Commissioners discussed the need for adequate parking. Chris Pezold, applicant, addressed the commission as well and stated his plan is to provide a space for Operation Liberty Hill within this development as well. Trees were discussed as well as a regional lift station in which Mr. Pezold stated he would pay into. He stated LUEs have already been paid to the City. Signage was discussed. PUBLIC HEARING Wes Griffin opened the Public Hearing at 7:26 PM stating: 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 Multifamily Residential (MF2) and Agricultural (AG) zoning classification to a Planned Unit Development (PUD) zoning classification on the following property: Planning and Zoning Minutes 1|Page September 7, 2021 10  Approximately 27.192 acres out of the J. Glasscock Survey, abstract number 254, Liberty Hill, Williamson County, Texas; generally located along the south side of RR 1869, between CR 282 and Barton Drive, and identified as Assessor’s Parcel Numbers R-392551, R-022214, R-022215, R-352448. There were no comments. The Public Hearing was closed at 7:28 PM. Jon Mathiasen made a motion to defer a vote until a special meeting next week. Motion died for lack of a second. Chad Cormack made a motion recommending disapproval of the PUD. Jon Mathiasen seconded the motion. Motion passed on vote of 3 ayes, 1 nay, and 0 abstentions. Wes Griffin opposed the motion. DIRECTOR’S COMMENTS John Byrum stated the previous applicant who wanted to put residential multifamily along Hwy. 29 took back his application. Council wishes to have commercial along that corridor, rather than residential. ADJOURNMENT On motion by Diane Williams and second by Chad Cormack, the Planning and Zoning Commission meeting was adjourned. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. PASSED AND APPROVED by the Planning and Zoning Commission of the City of Liberty Hill, Texas on Tuesday, November 16, 2021, on vote of _____ ayes, _____ nays, and _____ abstentions. _____________________________ Nancy Sawyer City Secretary Planning and Zoning Minutes 2|Page September 7, 2021 11  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.c Discuss and consider approval of minutes of Planning and Zoning Commission meeting held September 14, 2021. 12  Planning and Zoning Commission Special Meeting Minutes Tuesday – September 14, 2021 – 6:30 PM Liberty Hill Municipal Court 2801 Ranch Road 1869 – Liberty Hill CALL TO ORDER The Planning and Zoning Commission meeting was called to order by Wes Griffin on Tuesday – September 14, 2021 at 6:37 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: Diane Williams, Jon Mathiasen, Steve Messana, and Chad Cormack. REGULAR AGENDA DISCUSSION AND POSSIBLE ACTION ON A REQUEST BY CHRIS PEZOLD, ON BEHALF OF THE APPLICANT CASEY PEZOLD, FOR A ZONE MAP AMENDMENT FROM MULTIFAMILY RESIDENTIAL (MF2) AND AGRICULTURAL (AG) ZONING TO PLANNED UNIT DEVELOPMENT (PUD) CLASSIFICATION FOR A DEVELOPMENT. Jerry Millard provided the oral staff report. Commissioners discussed discrepancies within the packet. They discussed the possibility of a hotel as referenced in the applicant’s packet. Applicant, Chris Pezold stated the hotel is an option. He stated he will be selling the property. He stated he is entitling the property to have trails, keep as many trees as possible. Nella Joseph, legal counsel reminded the Commission they are an advisory board and final decision would be made by City Council. Following extensive discussion, the Commissioner made a decision as follows. On motion Chad Cormack and second by Jon Mathiasen, The Planning and Zoning Commission made a recommendation to Council to approve the PUD Ordinance with changes. Motion passed on vote of 3 ayes, 1 nay, and 0 abstentions. Diane Williams opposed the motion stating her opposition is based on the lack of transparency to the public and how this request has transpired. ADJOURNMENT On motion by Diane Williams and second by Jon Mathiasen, the Planning and Zoning Commission meeting was adjourned at 7:49 PM. Planning and Zoning Minutes 1|Page September 14, 2021 13  Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. PASSED AND APPROVED by the Planning and Zoning Commission of the City of Liberty Hill, Texas on Tuesday, November 16, 2021 on vote of _____ ayes, _____ nays, and _____ abstentions. _____________________________ Nancy Sawyer City Secretary Planning and Zoning Minutes 2|Page September 14, 2021 14  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.d Discuss and consider approval of minutes of Planning and Zoning Commission meeting held October 5, 2021. 15  PLANNING AND ZONING COMMISSION MEETING MINUTES October 5, 2021, at 5:30 PM 2801 Ranch Road 1869 Liberty Hill, Texas CALL TO ORDER The Liberty Hill City Planning and Zoning commission Meeting was called to order at 6:30 PM by Chairperson Wes Griffin on Tuesday – October 5, 2021. Invocation was given followed by reciting the Pledge of Allegiance and the Texas Pledge. Quorum was established with all members being present. Planning and Zoning members present were as follows: Wes Griffin, Steve Messana, Chad Cormack, Diane Williams, and Jon Mathiasen. Public Comments There were no Public Comments Regular Agenda Consideration and possible action to appoint a Vice-Chair to the Planning and Zoning Commission vacancy. Motion was made to defer this item to the next meeting so that all positions could be voted on annually as stated in the P & Z bylaws. Motion was made by Jon Mathiasen and was seconded by Diane Williams. Motion passed on a vote of 5 ayes, 0 nays, and 0 abstentions. Consideration possible recommendation to City Council on a variance request for the property located at 13575 State Highway 29 West from the Sidewalks, Curb Ramps and Bicycle Facilities, as outlined in Section 4 of the Round Rock Transportation Criteria Manual, which the City of Liberty Hill has adopted. John Byrum Senior Director of Planning addressed the Commission regarding a Variance request for the property located at 13575 State Highway 29 West. The Commission was asked to omit the sidewalk discussed the requirement for a sideway in the front of said property facing State Highway 29 West and/or in the rear of the property facing CR 332. The Commission discussed the topography, need, safety issues, and future needs of the city regarding the placement of said sidewalks. Motion was made by Jon Mathiasen to recommend disapproval of the applicants request to omit the requirement for sidewalk along CR 332. The motion was seconded by Steve Messana. Motion passed 5 ayes and 0 nays and 0 abstentions. 16 COMMISSIONER COMMENTS Jon Mathiasen asked Mr. Byrum what was the status of the Comp Plan regarding funding? Mr. Byrum stated that there will be amendments to the budget that was adopted, that information will come at a later date. Chad Cormack asked for a copy of the Trail Masterplan. Mr. Byrum agreed to send a copy to members. Steve Messana stated he was taken back with the verbiage of topography being difficult and feels it is necessary to be consistent. Mr. Byrum stated that it is good information to know how the Commission and how Council feels about this, and it is a good direction for staff moving forward. Jon Mathiasen feels we should look into collecting in-lieu of fees in the future that go into a fund. Diane Williams asked when would they receive and more readable zoning map? Mr. Byrum agreed to send a copy to members. Diane Williams stated that Council and TX-DOT had a meeting and discussed the challenges along 29 from CR 332 to CR 332. TX-DOT said that sidewalks should be placed on State Highway 29 and that there should be cross access to business so that there are not so many driveways on to State Highway 29. DIRECTORS COMMENTS John Byrum stated he and anyone on the Commission that would like to attend the upcoming APAC conference please let him know so that he can get them registered. It will be held in Fort Worth this year. Adjournment Jon Mathiasen made a motion to adjourn, it was seconded by Steve Messana. 5 ayes 0 nays and 0 abstentions. Meeting adjourned at 7:04 PM. PASSED AND APPROVED by the Planning and Zoning Commission of the City of Liberty Hill, Texas on Tuesday, November 16, 2021 on vote of _____ ayes, _____ nays, and _____ abstentions. _____________________________ Nancy Sawyer City Secretary \truiz 17  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.a Consideration and possible action on Ordinance 21-O-11.16-01 amending Appendix A of the Liberty Hill Code of Ordinances amending Article 5.00, Infrastructure and Public Improvements, Section 5.03.10 relating to the acceptance of public improvements and direction to staff. 18  CITY OF LIBERTY HILL ORDINANCE NO. 21-O-11.16-01 AN ORDINANCE AMENDING APPENDIX A OF THE LIBERTY HILL CODE OF ORDINANCES; ARTICLE 5.00 INFRASTRUCTURE AND PUBLIC IMPROVEMENTS SECTION 5.03.10 RELATING TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND DIRECTION TO STAFF AND OTHER ACTIONS RELATING THERETO AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; AMENDMENT; SEVERABILITY; CODIFICATION; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. WHEREAS, the City Council of the City of Liberty Hill (“City Council”) Liberty Hill has reviewed the Unified Development Code, Article 5, Infrastructure and Public Improvements, Section 5.03.10 relating to the acceptance of public improvements ; and WHEREAS, the City Council desires to amend the Liberty Hill Code of Ordinances, Appendix “A”, Unified Development Code, Article 5, Infrastructure and Public Improvements, Section 5.03.10 relating to the acceptance of public improvements to require any developer constructing public improvements to submit to the City a request for acceptance and a two-year (2) maintenance bond. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Liberty Hill, Texas: 1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. AMENDMENT Appendix A, Article 5, Infrastructure and Public Improvements, Section 5.03.10 of the City of Liberty Hill Code of Ordinances is hereby amended so to read in accordance with Attachment “A””, which are attached hereto and incorporated into this Ordinance for all intents and purposes. Any underlined text shall be inserted into the Code and any struck-through text shall be deleted from the Code, as stated on Attachment “A”. 3. SEVERABILITY Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. 19  4. CODIFICATION The City Secretary is hereby directed to record and publish the attached rules, regulations, and policies in the City’s Code of Ordinances as authorized by law. 5. EFFECTIVE DATE This Ordinance shall be effective immediately upon passage and publication of caption. 6. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that the public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, and Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & APPROVED this _______ day of ______________, 2021, by a vote of ____ (ayes) to ____ (nays) to _____ (abstentions) of the City Council of Liberty Hill, Texas. CITY OF LIBERTY HILL Elizabeth Branigan, Mayor ATTEST: Nancy Sawyer, City Secretary 20  Attachment A APPENDIX A UNIFIED DEVELOPMENT CODE ARTICLE 5.00 Infrastructure and Public Improvements Sec. 5.03.10 Acceptance of Improvements During the course of installation and construction of the required improvements, the City Engineer or another designee of the City Administrator shall make periodic inspections of the work to insure that all improvements comply with this Code and other municipal, county and State requirements. Upon completion of installation and construction of all required improvements, the developer may shall seek acceptance of all public improvements by the City by submitting the required number of copies of as-built plans and a one two-year maintenance bond in an amount as specified at the time of final plat submittal. In addition, the developer shall provide a statement signed by a registered professional engineer that all improvements have been installed and constructed in accordance with the submitted as-built plans. 21  11675 Jollyville Rd Phone: (512) 250-0411 Suite 300 Fax: (512) 250-0749 Austin, Texas 78759 TexasMunicipalLawyers.com MEMORANDUM TO: Mayor Liz Branigan and City Council, FROM: Dottie Palumbo, Attorney, Bojorquez Law Firm DATE: November 9, 2021 RE: Butler Farms PID and acceptance of public improvements Confidential / Privileged Attorney Work Product / Attorney-Client Communication Facts: The homebuilders developing in the Butler Farms Public Improvement District, (“PID”) are in the process of platting. The acceptance of public improvements paid for from PID assessments on the land within the PID, must be after an assessment ordinance is passed. This amendment will require any developer constructing public improvements within a PID or within land platted and construction of public improvements to submit to the City a request for acceptance and a two-year (2) maintenance bond. The agenda item will also direct staff to create the process and documents to implement the ordinance amendment. 22  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.b Discuss and consider recommendation to City Council on appointing a replacement to Planning and Zoning Commission vacancy. 23 24 25 26 27 28 29 30 31 32 33 34  IN IN IN P&Z P&Z P&Z NOTES CITY LH ETJ LH ISD CHOICE 1 CHOICE 2 CHOICE 3 TIM ANDERSON ROBERT BAUGHN ` JENNIFER COCHRAN ANDERSON NICHOLAS CHOMYCIA ROBERT CARILLI ASHLEY FOSTER CHRISTY GESSLER JOHN GROSSENBACHER KAYLA GUEST FREDERIK JOHANNESSEN JEFFREY KNIFE MACK MARSH SHELLY MORGAN BRYAN RIVERA AARON RUSSO STEVEN SCHIFF CRYSTAL SMITH KYLE SMITH STEVE TATRO RYAN TODD 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 PLANNING AND ZONING COMMISSION As of 11.09.2021 COMMISSIONERS Terms are two years, staggered. BEGINNING RESIDENCE APPOINTED OF MOST END OF TERM NOTES STATUS RECENT TERM 12/1/2021 9/30/2022 Wes Griffin resigned 10/19/2021 DIANE WILLIAMS 5/24/2021 CITY 5/24/2021 9/30/2023 CHAD CORMACK 7/20/2021 ISD 7/20/2021 9/30/2022 STEVE MESSANA 10/1/2019 ETJ / LHISD 10/1/2021 9/30/2023 JON MATHIASEN 7/20/2021 ISD 7/20/2021 9/30/2023 OFFICERS Terms of officers are one year and are elected by the Planning and Zoning Commission. BEGINNING EXPIRATION OF POSITION FIRST ELECTED OF MOST NOTES TERM RECENT TERM STEVE MESSANA Chair 10/1/2019 10/1/2021 9/30/2022 CHAD CORMACK Vice Chair 7/20/2021 10/1/2021 9/30/2022 Secretary 10/1/2021 9/30/2021 77  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.d Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from Agricultural (AG) zoning classification to General Commercial/Retail (C3) zoning classification on the following property: 8660 State Highway 29 with a legal description of AW0453 Monroe, W. H. Survey, Acres 5.000, Williamson County, Texas; specifically, generally located on the north side of State Highway 29 and identified as Assessor’s Parcel Number R022670. 78  Planning and Development Department Planning and Zoning Commission To: City of Liberty Hill Planning and Zoning Commission Subject: Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from Agricultural (AG) zoning classification to General Commercial/Retail (C3) zoning classification on the following property: 8660 State Highway 29 with a legal description of AW0453 Monroe, W.H. Survey, Acres 5.000, Williamson County, Texas; specifically, generally located on the north side of State Highway 29 and identified as Assessor’s Parcel Number R022670. Meeting: November 16, 2021 Staff: John G. Byrum, Director of Planning BACKGROUND INFORMATION: Current Zoning: AG (Agricultural) Proposed Zoning: C3 (General Commercial/Retail) Surrounding Land Use and Zoning: North: ETJ (Extraterritorial Jurisdiction) – Vacant land South: ETJ (Extraterritorial Jurisdiction) – Residential East: ETJ (Extraterritorial Jurisdiction) – Vacant land West: ETJ (Extraterritorial Jurisdiction) – Vacant land Summary of Request The request, submitted by Rao Vasamsetti, with Rao’s Consulting Engineers, on behalf of the property owner Konda Reddy Dwarsala, is to rezone approximately 5.000 acres out of the AW0453 Monroe, W.H. Survey from AG (Agricultural) to C3 (General Commercial/Retail). Should this request be approved, the applicant intends to develop the property into commercial and retail after annexation and rezoning. At the regular scheduled city Council meeting on September 22, 2021, the public hearing required by state law for annexation was held. At the same meeting, City Council unanimously voted to approve the voluntary annexation request. 79 The C3 (General Commercial/Retail) district is intended to provide for a wide range of commercial and retail goods and services. It is primarily intended for use in high-traffic areas adjacent to arterial streets and highways and is appropriate for relatively high-volume commercial centers. To protect the abutting and surrounding residential areas, certain restrictions are placed on the intensity of uses and emphasis is placed on standards for lighting, buffering, parking, and location of driveway access. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The most recently adopted Comprehensive Plan for the City of Liberty Hill (adopted August 2014), states within the Land Use Classifications (Section 3.7.1) that the Commercial Uses (COM) are described together in general areas on the Plan. For the purposes of general land use planning, “commercial” areas are intended for areas of commerce. Within those areas, there are distinctions to be made concerning more specific classifications, such as General Commercial uses, Retail uses, Office uses, local (or neighborhood commercial), and Planned Unit Developments (known as PUDs). The overall strategy with respect to ‘Commercial Uses’ is to reap the benefits of heavily-traveled road corridors, and the intersection of US 183 and SH 29 and Ronald Reagan. The property is designated as ‘Commercial Uses’ (COM) on the Future Land Use Map (FLUM) of the Comprehensive Plan as outlined in Section 3.7.1 Land Use Classifications. PUBLIC NOTIFICATION: Staff notified eight (8) surrounding property owners regarding this request. As of date of this staff report, zero (0) responses have been received in opposition or in favor of this request. All property owners notified are within the 200-foot notification boundary required by the State. RECOMMENDATIONS: The Planning and Zoning Commission may: • Recommend disapproval of the applicant’s request to rezone the property from Agricultural (AG) to General Commercial/Retail (C3) to the City Council. • Recommend approval of the applicant’s request to rezone the property from Agricultural (AG) to General Commercial/Retail (C3) to the City Council. Staff finds that the applicant’s request to rezone the property to General Commercial/Retail (C3) from Agricultural (AG) is compatible with the Comprehensive Plan. 80 Staff recommends approval of the applicant’s request to rezone the property from Agricultural (AG) to General Commercial/Retail (C3) to allow for the property to be developed into commercial and retail. Figure 1: Location Map Figure 2: Notifcation Map 81 Figure 4: Future Land Use Map 82 Figure 5: Concept Plan 83  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.e Discussion and recommendation on the final action of the Butler Farms Phases 12-16 preliminary plat being 105.151 acres out of the John B. Berry Survey, Abstract No. 56, and being a portion of the 546.33-acre tract of land conveyed to 366 TX 29, LTD. The property is generally located along the north right-of-way of State Highway 29 approximately one mile west of Liberty Hill High School and two and a half miles east of Old Highway 29. 84  PLANNING & ZONING COMMISSION November 16, 2021 ITEM: Discussion and recommendation on the final action of the Butler Farms Phases 12-16 preliminary plat being 105.151 acres out of the John B. Berry Survey, Abstract No. 56, and being a portion of the 546.33-acre tract of land conveyed to 366 TX 29, LTD. The property is generally located along the north right-of-way of State Highway 29 approximately one mile west of Liberty Hill High School and two and a half miles east of Old Highway 29. OWNER: 366 TX 29, LTD AGENT: LANDDEV Consulting, LLC WILCO ID NO.: A 105.151 acre portion of R021816 ZONING: High Density Residential (SF3) Discussion: The application under consideration was submitted on May 25, 2021. If approved, the preliminary plat will yield approximately three hundred ninety-seven (397) lots over 105.151 acres and five phases. The lots include approximately three hundred eighty-five (395) single-family residential lots and twelve (12) open space, drainage, and reserve lots. The plat also includes a dedication 15,479 linear feet of new public streets. Background: The property was annexed on August 31, 2018. At that time, due to limitations on wastewater connections, the owners were granted authorization to conduct pump and haul operations prior to the completion of wastewater facilities. These operations will be at the owner’s sole cost and expense. This preliminary plat will be the second phase of preliminary plats for the Butler Farms development. The Butler Farms Phase 1 preliminary plat was approved on December 13, 2019 for a total of 261.7 acres with a total of approximately eight hundred (800) single-family residential lots over eleven (11) phases at completion. The approval of this preliminary plat will bring the total number of single-family residential lots to approximately one thousand two hundred (1200). The lot widths will be a mix of forty (40), forty-five (45), and fifty (50) foot lots. The minimum lot area of 4,400 square feet in accordance with Table 4-4 of the Unified Development Code. Recommendation: Staff recommends that the Planning & Zoning Commission recommend approval of the Preliminary Plat for Butler Farms Phases 12-16 as it has met all the requirements of the Unified Development Code and applicable regulations. 85 Figure 1: Proposed Preliminary Plat Location 86 Figure 2: Proposed Preliminary Plat 87 Figure 2: Proposed Preliminary Plat (Cont.) 88 Figure 2: Proposed Preliminary Plat (Cont.) 89 Figure 2: Proposed Preliminary Plat (Cont.) 90 Figure 3: Approved Phase 1 Preliminary Plat 91  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.f Discussion and recommendation on the final action of the Omega Ranch Phase 2, North final plat being 14.386 acres out of the Greenleaf Fisk Survey Abstract No. 5. The property is generally located along the east right-of-way of Kaufman Loop, north of State Highway 29, and south of the Morningstar subdivision. 92  PLANNING & ZONING COMMISSION November 16, 2021 ITEM: Discussion and recommendation on the final action of the Omega Ranch Phase 2, North final plat being 14.386 acres out of the Greenleaf Fisk Survey Abstract No. 5. The property is generally located along the east right-of-way of Kaufman Loop, north of State Highway 29, and south of the Morningstar subdivision. OWNER: JNC Development, INC AGENT: LANDDEV Consulting, LLC WILCO ID NO.: A 14.386-acre portion of R602228 ZONING: Extra Territorial Jurisdiction (ETJ) Discussion: The application under consideration was submitted on April 13, 2021. If approved, the final plat will yield a total of seventy-nine (79) lots over 14.386 acres. The lots include seventy-eight (78) single-family residential lots and one open space, drainage, and reserve lot. The plat also includes a dedication 2,375 linear feet of new public streets over approximately 2.642 acres. Background: The Omega Ranch preliminary plat was approved on July 28, 2021 for a total of 147.39 acres with a total of approximately five hundred and eighty-one (581) single-family residential lots over six phases at completion. Phases one and four have been approved and are awaiting recordation. The lot widths are to be a minimum of forty (40) feet in width in accordance with the development agreement agreed upon on May 6, 2020. Recommendation: Staff recommends that the Planning & Zoning Commission recommend approval of the Final Plat for Omega Ranch Phase 2, North as it has met all the requirements of the Unified Development Code and applicable regulations. 93 Figure 1: Proposed Final Plat Location 94 Figure 2: Proposed Final Plat 95 Figure 2: Proposed Final Plat (Cont.) 96 Figure 2: Proposed Final Plat (Cont.) 97 Figure 3: Approved Preliminary Plat 98  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.g Discussion and recommendation on the final action of the Omega Ranch Phase 2, South final plat being 19.406 acres out of the Greenleaf Fisk Survey Abstract No. 5. The property is generally located along the east right-of-way of Kaufman Loop, north of State Highway 29, and south of the Morningstar subdivision. 99  PLANNING & ZONING COMMISSION November 16, 2021 ITEM: Discussion and recommendation on the final action of the Omega Ranch Phase 2, South final plat being 19.406 acres out of the Greenleaf Fisk Survey Abstract No. 5. The property is generally located along the east right-of-way of Kaufman Loop, north of State Highway 29, and south of the Morningstar subdivision. OWNER: JNC Development, INC AGENT: LANDDEV Consulting, LLC WILCO ID NO.: A 19.406-acre portion of R602228 ZONING: Extra Territorial Jurisdiction (ETJ) Discussion: The application under consideration was submitted on April 13, 2021. If approved, the final plat will yield a total of ninety-six (96) lots over 19.406 acres. The lots include ninety-three (93) single-family residential lots and three open space, drainage, and reserve lots. The plat also includes a dedication 2,945 linear feet of new public streets over approximately 3.388 acres. Background: The Omega Ranch preliminary plat was approved on July 28, 2021 for a total of 147.39 acres with a total of approximately five hundred and eighty-one (581) single-family residential lots over six phases at completion. Phases one and four have been approved and are awaiting recordation. The lot widths are to be a minimum of forty (40) feet in width in accordance with the development agreement agreed upon on May 6, 2020. Recommendation: Staff recommends that the Planning & Zoning Commission recommend approval of the Final Plat for Omega Ranch Phase 2, South as it has met all the requirements of the Unified Development Code and applicable regulations. 100 Figure 1: Proposed Final Plat Location 101 Figure 2: Proposed Final Plat 102 Figure 2: Proposed Final Plat (Cont.) 103 Figure 2: Proposed Final Plat (Cont.) 104 Figure 3: Approved Preliminary Plat 105  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 16, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.h Discussion and recommendation on the final action of the Summerlyn West Sections 4 and 5 final plat, being 27.09 acres out of the J.B. Robinson Survey Abstract No. 521. The property is generally located along the south right-of-way of County Road 263 between Summerlyn Phase L-8 and the Capital Metropolitan Transportation Authority Railroad. 106  PLANNING & ZONING COMMISSION November 16, 2021 ITEM: Discussion and recommendation on the final action of the Summerlyn West Sections 4 and 5 final plat, being 27.09 acres out of the J.B. Robinson Survey Abstract No. 521. The property is generally located along the south right-of-way of County Road 263 between Summerlyn Phase L-8 and the Capital Metropolitan Transportation Authority Railroad. OWNER: Pulte Homes of Texas, LP AGENT: CSF Civil Group, LLC WILCO ID NO.: A 27.09-acre portion of R560277 ZONING: High Density Residential (SF3) Discussion: The application under consideration was submitted on April 16, 2021. If approved, the final plat will yield approximately one hundred sixty (160) single-family residential lots. Background: The Summerlyn West preliminary plat was approved on October 23, 2017 for approximately 95 acres with approximately four hundred fifty-one (451) single-family residential lots over two phases at completion. The lot widths will be an average of forty (40) feet. The minimum lot area of 4,400 square feet in accordance with Table 4-4 of the Unified Development Code. Recommendation: Staff recommends that the Planning & Zoning Commission recommend approval of the Final Plat for Summerlyn West Sections 4 and 5 as it has met all the requirements of the Unified Development Code and applicable regulations. 107 Figure 1: Proposed Final Plat Location 108 Figure 2: Proposed Final Plat 109 Figure 3: Approved Preliminary Plat 110 Figure 3: Approved Preliminary Plat (cont.) 111