Planning & Zoning Commission (P&Z)

1 2 3  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 1, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.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 Agriculture (AG) zoning classification to a Planned Unit Development (PUD) zoning classification on the following property: Being approximately 20.36 acres of Lots 6 and 7 of Twenty-Nine Ranch subdivision, locally addressed as 9975 and 10085 State Highway 29 W, Liberty Hill, Williamson County, Texas, and identified as Assessor's Parcel Numbers R331214 and R331215. 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 at the Liberty Hill Municipal Courthouse, 2801 Ranch Road 1869, Liberty Hill, Texas on Tuesday, February 1st, 2022 at 6:30 PM. Upon receiving a recommendation from the Commission, the City Council will conduct its own public hearing and take final action on this matter on Wednesday, February 23rd, 2022 at 6:00 PM at the Liberty Hill Learning and Event Center, 14875 W State Highway 29, 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. 4  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 1, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.a Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on December 7, 2021. 5  PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES December 7, 2021 @ 6:30 PM 2801 Ranch Road 1869 Liberty Hill, Texas 1. CALL TO ORDER a) The Planning and Zoning Commission meeting was called to order by Chair Steve Messana on Tuesday, December 7, 2021, at 6:31 PM at 2801 Ranch Road 1869, Liberty Hill, Texas. Quorum was established. b) Invocation was given by Chair Steve Messana c) Pledge of Allegiance d) Texas Pledge Planning and Zoning Commissioners present were Chair Steve Messana, Vice-Chair Chad Cormack, and Secretary Diane Williams 2. PUBLIC COMMENTS There were no public comments. 3. 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) A request for a Zone Map Amendment from the General Commercial/Retail (C3) zoning classification to Light Industrial/Warehousing (I1) classification on the following property: 10.0263 ACRES - BEING PART OF THE R. WEST, SURVEY, ABSTRACT NO. 643, LIBERTY HILL, 6  WILLIAMSON COUNTY, TEXAS, A PART OF LAND CONVEYED TO 15390 HWY 29 LLC, VIA DOCUMENT NO. 2020008373 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND IDENTIFIED AS ASSESSOR’S PARCEL R375277. THE PROPERTY IS ADDRESSED AS 15390 HIGHWAY 29, LIBERTY HILL, TX 78642. Chair Steve Messana opened the Public Hearing and asked if anyone would like to speak. No one spoke. Chair Steve Messana closed this portion of the Public Hearing. 4. REGULAR AGENDA a) Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from a General Commercial/Retail (C3) zoning classification to Light Industrial/Warehousing (I1) classification on the following property: 15390 State Highway 29 - being part of the R. West Survey, Abstract no. 643, Liberty Hill, Williamson County, Texas, a part of land conveyed to 15390 HWY 29 LLC, via document no. 2020008373 of the deed records of Williamson County, Texas and identified as assessor’s parcel R375277. Jerry Millard, City Planner, addressed the Planning and Zoning (P&Z) commissioners and stated that if approved the applicant plans to turn one of the existing buildings into a brewery. This rezoning will also allow the zoning to conform with the current Warehouse Use and other Commercial Uses on the remaining portions of the property. The Light Industrial/Warehousing (I1) district 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 the building. The most recently adopted Comprehensive Plan by the City of Liberty Hill in August of 2014 states that within the Land Use classification that the Industrial Uses are intended to allow for clean manufacturing assembly type industries which can be compatible with Commercial Uses. In Section 3.8 of the Comprehensive Plan states the Light Industrial Uses should be along major corridors and this site is located immediately off State Highway 29. The property is designated as commercial and residential on the future Land Use Map of the Comprehensive Plan. The commercial for the purpose of this plan is intended for areas of commerce and within those areas there are distinctions to be made concerning more specific classifications such as general commercial, retail, office, local neighborhood commercial, and Planned Unit Developments (PUD). Residential for the purpose of this plan is proposed in nearly all parts of the City to insure multitude of choices for Single Family Housing. Other Uses which may be compatible with Single Family Uses are parks, limited parks and civic uses, agriculture, and Local Neighborhood Commercial Uses. Staff mailed out public notifications to the surrounding 22 property owners and have not had any responses in opposition or in favor of the request. Staff recommends the approval of the applicant’s request. 7 Chair Messana asked if there will be a tap room in conjunction of the brewery and the owner Ryan Anglen approached the podium and stated that he is proposing to open a small tap room in the front of the brewery. Chair Messana asked Mr. Millard if the tap room is included with Light Industrial and Mr. Millard stated yes. Chair Messana also asked if the parking will be addressed in the Site Plan and Mr. Millard stated yes. Vice-Chair Cormack asked if the brewery is not allowed to be part of Commercial and Mr. Millard stated the manufacturing part of the brewery requires it to be Light Industrial. Vice-Chair Cormack stated his concern is that the city keeps having piece meal request for rezoning classification and the Comprehensive Plan is seven years old and when he looks at the future Land Use Map it is not compatible with the Comprehensive Plan to have Light Industrial in this area. There are restaurant breweries all over the place that are not Light Industrial and asked if legal gave staff the advice to seek a rezoning. John Byrum, Director of Planning Development stated what is currently out there is prior to zoning and is considered Warehouse Use and this is a grandfathered use. With adding the brewery, the applicant will be losing the grandfathered Warehouse Use. Since the Use is changing then it must be rezoned. If the applicant didn’t have the Warehouse Use then they would be fine with the C3 and brewery but since they still want the Warehouse Use for industrial then they need the request for I1. Chair Messana asked if we can add a Conditional Use and Mr. Millard stated every zoning classification has its own authorized conditional uses and Light Industrial for this Use is not specified in the Unified Development Code (UDC) anywhere. Commissioner Williams stated that the UDC needs to be updated and address some of these things. Commission Cormack stated he is not sure if he can get passed dedicating the entire lot as Light Industrial when the future Land Use map doesn’t have industrial anywhere except by the Old Castle. Commissioner Williams stated that when talking about the relationship to the Comprehensive Plan that it is not consistent with the future Land Use Map. Mr. Millard stated it is the non-conforming use on the property is what staff is more concerned with and bringing that into compliance and allowing them to use the manufacturing for the brewery. Vice-Chair Cormack stated he does not think this is an area for industrial and that it is located right next to the city park. Vice-Chair Cormack made a motion to deny a request for the Zone Map Amendment from a General Commercial/Retail (C3) zoning classification to Light Industrial/Warehousing (I1) classification on the following property: 15390 State Highway 29 - being part of the R. West Survey, Abstract no. 643, Liberty Hill, Williamson County, Texas, a part of land conveyed to 15390 HWY 29 LLC, via document no. 2020008373 of the deed records of Williamson County, Texas and identified as assessor’s parcel R375277. Seconded by Commissioner Williams. Motion passed to deny on vote of 3 ayes, 0 nays, and 0 abstentions. b) Discussion and recommendation on the final action of the Stonewall Commercial East Phase 1 final plat being 10.691 acres out of the J. B. Robinson Survey, Abstract No. 521, and being a portion of the 11.85-acre tract of land conveyed to RS Stonewall Ranch, LLC. The property is generally located along the north right-of-way of State Highway 29 approximately at the intersection of County Road 213 with a tax parcel identification of R392590. 8 Mr. Millard spoke and stated if approved the final plat will yield 8 commercial lots with a total of 10.691 acres for the first phase and phase two will bring the total to nine commercial lots with the total of 11.85 acres. Staff recommends approval as it has met all the requirements for UDC. Mr. Millard described figure 1 the Location map, figure 2 the final plat, and figure 3 the approved preliminary plat. Mr. Millard stated that the applicant was at the meeting to answer any questions. Commissioner Williams asked what infrastructure is the City providing for this development and stated she is asking because Council took issue with platting because of a water issue. City Administrator Lacie Hale stated that the City is providing wastewater utilities only for the development. Commissioner Williams moved to approve the final action of the Stonewall Commercial East Phase 1 final plat being 10.691 acres out of the J. B. Robinson Survey, Abstract No. 521, and being a portion of the 11.85-acre tract of land conveyed to RS Stonewall Ranch, LLC. The property is generally located along the north right-of-way of State Highway 29 approximately at the intersection of County Road 213 with a tax parcel identification of R392590. Seconded by Vice- Chair Cormack. Motion passed on vote of 3 ayes, 0 nays, and 0 abstentions. c) Discuss and consider recommendation to City Council on appointing a replacement to Planning and Zoning Commission vacancy. Mr. Millard stated staff sent out the four-question questionnaire as requested by P&Z at the last meeting and received responses. Stated that two applicants were at the meeting to answer any questions. Ashley Foster, an applicant to volunteer on the Planning and Zoning Commission board, approached the podium and stated she does not have very much experience in planning and zoning, but it is an interest to be involved in the growth of the community. Has lived in Liberty Hill for seven years with little involvement but has watched the growth and wanted to know the process, how to help and be a part of it. Has experience in business acquisitions and her background is in healthcare and leadership. Worked with a company where she traveled across Texas to take over physician practices, so she is used to people not being happy with her but also finding ways to get their buy in and having them feel like they’re a part of it. Understanding the mission to benefit everyone and that is what she feels she can bring to the table and do it with empathy and logic for what is best for the City. Kyle Smith, an applicant to volunteer on the Planning and Zoning Commission board, approached the podium and stated he is the owner of Capital industries, is a commercial HVAC and plumbing contractor. Has been in the built world since he was 16-years old and has several decades of experience in construction development. Is a master electrician, master plumber, and commercial HVAC contractor. In terms of the building code for the mechanical electrical space 9 he has decades of knowledge. Is looking to see how he can help and bring his experience. Moved to Liberty Hill at the beginning of 2021. Commissioner Williams stated for transparency purposes, she wanted to note that applications have also been received today at the dais from staff for Odalis Suarez, and questionnaire answers from Ryan Todd, Robert Baughn and Steven Shiff that were not included in the packet. Mr. Byrum stated he sent an email out to fill out the questionnaire and the responses he received are in the packet but also received responses from others that they are either moving, no longer interested or have taken jobs out-of-town. The email was sent again as a follow-up and those are the responses received that were not included in the packet. Commissioner Williams asked for the name of people no longer interested to mark off the list. Vice-Chair Cormack stated that the list should be shortened to those who responded to the questionnaire showing some level of commitment and then shortened again to those who decided to come to the meeting and speak. It is difficult to go off the recommendation without seeing someone in person and realizing the people who took time out of their schedule to come. Mr. Byrum read the names of Christy Gessler and Mack Marsh who stated they are no longer interested. Commissioner Williams recommended Bryan Rivera and Ryan Todd. Chair Messana recommended Bryan Rivera, Ashley Foster and Kyle Smith. Vice-Chair Cormack had the same recommendations. In response to the Mayor asking if the Commission could narrow down its recommendation, Commissioner Williams moved to approve a recommendation of Bryan Rivera to City Council on appointing a replacement to Planning and Zoning Commission vacancy. Died due to lack of second. Vice-Chair Cormack stated he sees the benefit of an alternate and Commissioner Williams stated that Council discussed it and there were questions of how it worked and there was confusion. Chair Messana stated there is still confusion now and would like to clear it up but would also recommend giving a few people to Council rather than just one person, only because there is not enough about one person to just pick one person out of the list. Hopefully Council will invite those people to come speak to Council and Council can make a decision from there. Vice-Chair Cormack moved to approve the recommendation of Ashley Foster, Brian Rivera and Ryan Todd to City Council for appointing a replacement to Planning and Zoning Commission vacancy. Seconded by Commissioner Williams. Motion passed on vote of 3 ayes, 0 nays, and 0 abstentions. 10 5. COMMISSIONER COMMENTS Vice-Chair Cormack stated that there needs to be a workshop to get on the same page of the Comprehensive Plan. Understanding the Council’s interpretation, Staff’s interpretation, and P&Z interpretation of the Comprehensive Plan will help smooth things out. Also, would like an update from staff on the budget that has been allocated for the Comprehensive Plan update and what P&Z can do to help get the process moving. Commissioner Williams stated that brew pubs are a thing and people are looking to put them here and the City does not have an ordinance to allow for that to happen, even though there is an example of one downtown, so it is only fair to update the ordinance. Chair Messana Stated he does not think it is unreasonable to have a brew pub within a C3 but it puts P&Z in an uncomfortable position to rezone an entire property for one business to maintain a grandfather clause. P&Z does not disagree that the brew pub should be in that location but also do not believe that rezoning an entire property to put that brew pub there fits the plan as it sits now. 6. DIRECTOR'S COMMENTS Brian stated he would like to schedule a P&Z meeting for December 21st regarding the tree removal at Popeyes. P&Z agreed to have the meeting. Brian confirmed with P&Z members if they would still like a hard copy of the packet and they stated yes. Bryan also confirmed if they would still like to receive notifications to confirm their attendance and the P&Z members stated yes. Brian stated that further communication will be through City email. Lacie Hale, City Administrator, stated at the last Council meeting that Council directed staff to move forward with an RFQ for a Comp Plan and UDC rewrite. P&Z will see the RFQ go out in the next 3-10 days. 7. ADJOURNMENT On motion by Commissioner Williams and second by Vice-Chair Cormack, the Planning and Zoining was adjourned at 7:22 PM. Motion passed on vote of 3 ayes, 0 nays, and 0 abstentions. 11 PASSED AND APPROVED by the Planning and Zoning of the City of Liberty Hill, Texas on ______, ________, 2022, on vote of _____ ayes, _____ nays, and _____ abstentions. ________________________________ Steve Messana Chair ________________________________ City Secretary 12  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 1, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.b Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on December 21, 2021. 13  PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES December 21, 2021 @ 6:30 PM 2801 Ranch Road 1869 Liberty Hill, Texas 1. CALL TO ORDER a) The Planning and Zoning Commission meeting was called to order by Chair Steve Messana on Tuesday, December 21, 2021, at 6:30 PM at 2801 Ranch Road 1869, Liberty Hill, Texas. Quorum was established. b) Invocation was given by Chair Steve Messana c) Pledge of Allegiance d) Texas Pledge Planning and Zoning Commissioners present were Chair Steve Messana, Vice-Chair Chad Cormack, Secretary Diane Williams, and Commissioner Jon Mathiasen 2. PUBLIC COMMENTS There were no public comments. 3. REGULAR AGENDA a) DISCUSSION, CONSIDERATION, AND FINAL ACTION ON TREE REMOVAL FOR THE POPEYES DEVELOPMENT LOCATED ON W. STATE HIGHWAY 29. 14 John Byrum, Director of Planning, addressed Planning and Zoning (P&Z) and described the items provided in the agenda packet. The City does not have an ordinance, it states that the removal of trees needs to come before P&Z for approval to remove the trees of a certain species and caliber inch. An ordinance was located that states an exception can be granted by the City Administrator if there is an acceptable replacement plan to be provided. Mr. Byrum stated what is being proposed tonight is that the applicant is willing to pay $20,000 and that will go to the parks fund and the applicant will also develop the site like the landscape plan that was done in the City of Buda. Staff is recommending approval of the tree removal and acceptance of the proposed replacement plan. Planning and Zoning Commissioners, Staff and the applicant discussed the tree removal for Popeyes. Chair Messana stated that the City is in a tough position without a tree ordinance and is concerned setting a dollar value for the amount of space of the tree removal for this particular property and puts the city in a difficult position going forward as the City has more development going in next to the Popeyes that will have the same request. Chair Messana stated one of the options is to table this item with direction to Staff to fast track a tree ordinance by the end of January and beginning of February time frame. Commissioner Mathiasen asked if other fast-food restaurants on the tract will be impacted, and Mr. Byrum stated there will be some trees that will need to be removed but unsure of how many and the caliber inch. Stated he would like to see an ordinance fast tracked but does not think a development should be held up because the city does not have a tree ordinance. He stated that the development should be approved without litigation because the city does not have a litigation ordinance. Brian Thatcher addressed Planning and Zoning and stated the plan is to generate a landscape plan after approval since the property is still in the process of finding out if it is a viable location to be allowed to develop and then submit a landscaping plan that cost approximately $3,000. He stated that they would be willing to create a landscaping plan to be agreeable to the Planning Zoning Commission and the City. Commissioner Williams stated she agrees with Chair Messana. We set a precedence and then we get a policy and people are going to complain. Vice-Chair Cormack stated that there is a clear option of yes or no. The only thing P&Z is voting on is Section 6.07e which is trees in 19 inch of diameter or larger must have P&Z approval for removal and that is all P&Z is talking about. Does not feel qualified to say if a tree should stay or be removed. Vice-Chair Cormack stated an ordinance needs to be expedited. Commissioner Mathiasen moved to approve the tree removal for the Popeyes development located on w. State Highway 29. Failed due to lack of Second Planning and Zoning Commissioners and staff discussed bringing a tree ordinance to the January 4th P&Z meeting. 15 Vice-Chair Cormack stated P&Z needs a site-specific landscape plan and tree mitigation price range like adjacent communities. He stated he cannot make a motion on what has currently been presented. Commissioner Williams stated she struggles with the same as Vice-Chair Cormack. The ordinance states with approval of the City Administrator and Planning and Zoning would be approving something that the City Administrator has not approved. Commissioner Williams asked if Planning and Zoning can approve this at the January 4th meeting in hopes to get it resolved with a tree ordinance if that will ok and Brian Thatcher stated no. Mr. Thatcher stated all the final paperwork must be submitted to the bank 30 days prior to closing at the end of January. Vice-Chair Cormack moved to deny the tree removal for the Popeyes development located on w. State Highway 29 and the proposed replacement plan. Seconded by Commissioner Williams Motion passed on vote of 3 ayes, 1 nays, and 0 abstentions. With Commissioner Mathiasen opposed. b) DISCUSSION AND POSSIBLE ACTION ON AMENDING SECTIONS 4.09.01 (TYPES OF USE) AND 8.01 (USE DEFINITIONS) OF THE CODE OF ORDINANCES FOR THE CITY OF LIBERTY HILL (UNIFIED DEVELOPMENT CODE) TO ADD BREWERY, DISTILLERY, AND WINERY FOR CERTAIN ZONING DISTRICTS. Mr. Byrum stated that this item is a Unified Development Code (UDC) text amendment adding Breweries, distilleries, and wineries. Legal provided a draft with their proposed edits. Mr. Byrum stated this is a discussion for the Commission to give feedback and direction to staff. After receiving direction, staff will make any changes and present to legal then bring back to P&Z for a vote on January 18th. Chair Messana presented the Commissioners with a handout and stated he is concerned with lumping brewery, distillery, and winery all together and assigning zoning allowances based on that. He recommends separating brewery from brew pub and adding separate lines for winery and distillery. Planning and Zoning Commissioners, staff, and the Ryan Anglen, further discussed the comparison of other cities allowing brewery, distillery, and winery. Planning and Zoning Commission directed staff to prepare what Chair Messana has presented, send to legal and bring back to P&Z for recommendation, with the change of removing residential zoning for wineries and distilleries. 4. COMMISSIONER COMMENTS Commissioner Mathiasen asked the status of the Comprehensive Plan. Mr. Bryum stated that an RFQ went out to redo a Comp Plan and UDC update. The deadline is February 1. Staff will review those applications, present the applications to P&Z, and then forward to Council for approval. Commissioner Mathiasen stated it is wrong to turn down someone without something to 16 substantiate it. The quicker Staff gets the materials they need to get P&Z what they need the better off everyone will be as a commission and in being consistent. He asked the commissioners to walk the Popeyes property. 5. DIRECTOR'S COMMENTS Mr. Byrum stated he already spoke on the Comprehensive Plan. The next meeting is on January 4 presenting the Tree ordinance and if the Commission agrees the tree ordinance will be presented to P&Z for discussion only with any changes. The P&Z vacancy was placed on the Council agenda for January 5th and hopes to have the vacancy filled for the January 18 P&Z meeting. 6. ADJOURNMENT On motion by Commissioner Mathiasen and second by Vice-Chair Cormack, the Planning and Zoning was adjourned at 7:45 PM. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. PASSED AND APPROVED by the Planning and Zoning of the City of Liberty Hill, Texas on ______, ________, 2022, on vote of _____ ayes, _____ nays, and _____ abstentions. ________________________________ Steve Messana Chair ________________________________ City Secretary 17  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 1, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.c Discussion, consideration, and recommendation to the City Council on the final action of the Rio Ranch preliminary plat, being 290.1105 acres out of the B. Manlove Survey, Abstract No. 417. The property is generally located along the North Fork of the San Gabriel River. The properties are identified as Assessor's Parcel Numbers R452524 and R090666. 18  PLANNING & ZONING COMMISSION January 28, 2022 ITEM: Discussion, consideration, and recommendation to the City Council on the final action of the Rio Ranch preliminary plat, being 290.1105 acres out of the B. Manlove Survey, Abstract No. 417. The property is generally located along the east and west right-of-way of Ronald Reagan Boulevard, south of the North Fork of the San Gabriel River. The properties are identified as Assessor’s Parcel Numbers R452524 and R090666. OWNER: Rio Ranch Texas, LLC AGENT: Eli Engineering, PLLC WILCO ID NO.: R452524 and R090666 ZONING: Extra Territorial Jurisdiction (ETJ) Discussion: The application under consideration was submitted on July 26, 2021. If approved, the preliminary plat will yield approximately seventy-two (72) lots with fifty-five (55) single-family residential lots and seventeen (17) open space or reserved lots. Background: The area being platted is fully in the City’s Extra Territorial Jurisdiction (ETJ). The applicant is proposing a subdivision consisting of at least one-acre single-family residential lots. The new development will also include 8.67 feet of linear streets that will be dedicated to Williamson County. All proposed lots will be served by the City of Georgetown water and on-site septic systems. Recommendation: Staff recommends that the Planning & Zoning Commission recommend approval of the preliminary plat for Rio Ranch as it has met all the requirements of the Unified Development Code and applicable regulations. 19 Figure 1: Proposed Preliminary Plat Location 20 Figure 2: Proposed Preliminary Plat 21  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 1, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.d Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from Agricultural (AG) to Planned Unit Development (PUD). The property is generally located along the south right-of-way of State Highway 29 and being approximately 20.36 acres of Lots 6 and 7 of Twenty-Nine Ranch subdivision, locally addressed as 9975 and 10085 State Highway 29 W, Liberty Hill, Williamson County, Texas, 78642, and identified as Assessor's Parcel Numbers R331214 and R331215. 22  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) to Planned Unit Development (PUD). The property is generally located along the south right-of-way of State Highway 29 and being approximately 20.36 acres of Lots 6 and 7 of Twenty-Nine Ranch subdivision, locally addressed as 9975 and 10085 State Highway 29 W, Liberty Hill, Williamson County, Texas, and identified as Assessor’s Parcel Numbers R331214 and R331215. Meeting: February 1, 2022 Staff: Jerry Millard, City Planner BACKGROUND INFORMATION: Current Zoning: AG (Agriculture) Upon Annexation Proposed Zoning: PUD (Planned Unit Development) Surrounding Land Use and Zoning: North: ETJ (Extraterritorial Jurisdiction) South: ETJ (Extraterritorial Jurisdiction) East: ETJ (Extraterritorial Jurisdiction) West: C3 (General Commercial and Retail) Summary of Request The request, submitted by Pamela Madere of Jackson Walker, LLP, on behalf of Agnes Aldridge & Charles Lydia, is to rezone approximately 20.36 acres of Lots 6 and 7 of Twenty-Nine Ranch subdivision from Agriculture (AG) zoning to a Planned Unit Development. Neither property is currently annexed. However, the annexation request will be heard by City Council on February 2, 2022. Should this request be approved, the applicant intends to build a high-quality community comprised of commercial uses along State Highway 29 and a unique residential product type set behind the commercial uses. The PUD is composed of commercial and a mix of single family detached units and single family attached units with up to two (2) units in a single building. The base zoning for the 5.7 acres of commercial property fronting SH Hwy 29 will be C3 (General 23 Commercial / Retail) and the remaining 14.3 acres of residential on the interior portions of the property shall have a base zoning of Multi-Family Residential (MF1). Permitted Uses All uses within the C3 (General Commercial / Retail) and Multi-Family Residential (MF1) shall be allowed. Prohibited Uses All uses specifically prohibited in the C3 (General Commercial / Retail) and Multi-Family Residential (MF1) shall not be allowed. Development Standards The allowed maximum density shall not exceed twelve (12) units per acre and not exceed 150 residential units. The proposed development dimensional standards are as follows. Reference numbers are in feet. Development Standards PUD C3 MF1 1. Maximum building height 30 45 35 2. Property buffers 0 15 20 Off-street Parking 3. Resident and visitor parking shall be provided at a minimum of two (2) parking spaces per unit. 4. Uncovered surface parking, covered parking spaces and detached garages shall be allowed and count toward the minimum parking requirements established within the PUD. Outdoor Audio and Lighting 1. All outdoor lighting on the Property shall be and installed in a manner that results in zero- foot candles measured at the property line. Walls and Fencing 1. Perimeter walls and fences on all boundaries of the Property shall not exceed six (6) feet in height above finished grade and shall contain opaque or solid elements. 2. Walls and fences shall be constructed so as to present the finished side outward towards an adjacent property or roadway. 24  3. Backyards of residential units shall be enclosed with side-by-side wood fencing at a height not to exceed six (6) feet in height. 4. Dumpsters shall set on a concrete pad that is enclosed by a minimum six (6) feet high opaque wall or fence constructed of either masonry or a suitable, durable material. Signage All signage on the Property (e.g.; monument sign, wall sign, directional sign, etc.) shall adhere to the design, construction and number of signs outlined in an approved Master Sign Plan application, to be filed in conjunction with a site development and stormwater plan application. All signage shall also be in accordance with the following additional standards: 1. Monument signage located along Highway 29 shall not exceed eight (8) feet in height one hundred and fifty (150) square feet in copy area. (UDC Height: C3 / 30; MF1 / 5) (UDC Area: C3 / 200; MF1 / 20) 2. Signage shall be set back at least ten (10) feet from the front property line and shall not encroach into the clear-sight triangle of the intersection of a driveway and a public roadway. (UDC Setback: C3 / 10; MF1 / 10) 3. On-premise signage shall not contain digital or electronic copy area. Parkland All parkland will be private. Open space and parkland will be in the form of a community pedestrian system, community gathering areas, dog park and a pool area within the residential portion of the Project as illustrated on Exhibit “B” - Site Plan. Public parkland dedication is not required as this development is multi-family in nature. Buffering The applicant is proposing opaque fencing and one (1) story residential buildings. They are proposing that the buffering requirements outlined in Section 6.08 of the UDC be waived. The buffer area required, in accordance with the UDC, is a minimum of twenty (20) feet. The current site plan, illustrated on Exhibit “B”, has a buffer of approximately fifteen (15) to twenty-five (25) feet. Tree Inventory and Protection An inventory of existing trees, consistent with City requirements, shall be provided at the time of site plan submittal. The applicant is proposing that so long as the site plan is consistent with Exhibit “B” - Site Plan, any hardwoods, including those greater than 19 (19) inches in diameter may be removed. Additionally, no limit shall be applied to the percentage of trees under (19) inches in diameter that may be removed. Staff feels that tree inventory and protection should be in accordance with current regulations at the time of platting. 25 Architectural Standards All facades must be architecturally finished or detailed. Exterior finishes may include brick veneer, stone veneer, stucco cladding or cementitious fiberboard material. Water and Wastewater Service Wastewater Service will be provided by the City of Liberty Hill contingent on the submission of a utility evaluation. Water service is to be provided by the City of Georgetown. Amendments to the PUD A major amendment to this PUD shall be processed as a zoning map amendment in accordance with the UDC and will be subject to filing fees for a PUD amendment. The following shall be considered a major amendment to the approved plan: 1. Any changes in a condition that was imposed by the City Council during the public hearing; 2. Any changes in the approved development standards, land use schedules or the intensities of the land uses that were approved for the PUD by the City Council; 3. A cumulative increase in overall building floor area that exceeds ten percent (10%) of what was originally approved; 4. Any changes to the overall project boundary other than survey and title adjustments/corrections (expansions or contractions) that were originally approved for the PUD; 5. Any changes that will create additional trip generations of ten percent (10%) or greater; A minor amendment to this PUD shall be processed administratively by the City Administrator or designee. The following shall be considered as non-substantial modifications subject to administrative approval: 1. Any number of increases in building floor area that do not exceed a cumulative total of ten (10) percent above that which was originally approved; 2. Any deviations in a development standard (e.g.; parking ratios, landscape requirements, buffer standards, building height, etc.) that does not exceed ten (10) percent; 3. Changes in approved building sitting and layout, off-street parking and circulation, landscaping and buffering, building design and architecture; 4. Additional of an ancillary land use that is deemed critical to be continued operation of the primary use, will not be in conflict with Section 2.3 of the UDC, does not overwhelm the primary use and does not change the original nature or intent of the PUD. 26  5. The City Administrator or designee shall establish procedures necessary to file and process a request for a minor amendment to the PUD. 6. Any approved minor amendments shall be annotated, cataloged and included with the original adopted ordinance. The City Administration or designee shall advise the City Council of the administrative approval at the next available public meeting following said approval. Variances No application for relief by variance to a development standard outlined in this PUD shall be accepted or processed by City staff. Request for deviations to a standard outlined in this PUD shall adhere to the amendment’s procedures outlined in Section 2.4 of this article. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The most recently adopted Comprehensive Plan for the City of Liberty Hill (adopted August 2014), states within in Section 3.8 that the City should encourage mixed use projects, including retail/office and retail/residential to minimize sprawl effects from strictly separating compatible land uses and develop compact mixed-use centers at a scale appropriate for the community. The property is designated as ‘Multi-family’ on the Future Land Use Map (FLUM) of the Comprehensive Plan. PUBLIC NOTIFICATION: Staff notified fifteen (15) 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 to PUD (Planned Unit Development) to allow a horizontal mixed-use complex.  Recommend approval of the applicant’s request to rezone the property to PUD (Planned Unit Development) to allow a horizontal mixed-use complex.  Recommend changes to the PUD (Planned Unit Development) for the City Council to review and take into consideration. Staff finds that the applicant’s request to rezone the property to Planned Unit Development to allow a horizontal mixed-use complex is compatible with the current surrounding land uses and would appropriately serve the community at this location. Staff recommends approval of the applicant’s request to rezone the property with the corrections to the tree inventory and protection language in the PUD ordinance. 27 28 29 30 31  CITY OF LIBERTY HILL ORDINANCE NO. 22-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 of Liberty Hill (“City”) Unified Development Code Section 4.08.01 [Planned Unit Development] provides standards and procedures for the legislative creation of specialized zoning districts crafted specifically for certain land endeavors (each, a “PUD District”); and WHEREAS the City received a petition from the owner of a property consisting of approximately 20.36 acres of Lots 6 and 7 of Twenty-Nine Ranch subdivision, locally addressed as 9975 and 10085 State Highway 29 W, Liberty Hill, Williamson County, Texas, and identified as Assessor’s Parcel Numbers R331214 and R331215, to amend the property’s zoning on the official zoning map from Agricultural (A) to Planned Unit Development (PUD); WHEREAS the Planning and Zoning Commission (Commission) met in regular session on the 1st day of February, 2022 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 4 to 0; 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 23rd day of February, 2022 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. Avilla Vista Branch Planned Unit Development (PUD) Page 1 32  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 a portion of the property hereinafter described and as shown in Exhibit “A,” as herein attached, from the Agricultural (A) zoning district to a Planned Unit Development (PUD): Approximately 20.36 acres of Lots 6 and 7 of Twenty-Nine Ranch subdivision, locally addressed as 9975 and 10085 State Highway 29 W, Liberty Hill, Williamson County, Texas, and identified as Assessor’s Parcel Numbers R331214 and R331215 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. 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. This Ordinance shall take effect immediately from and after its adoption and it is accordingly so ordained. PASSED & APPROVED this 23rd day of February, 2022 by the City Council on a vote of _____ AYES; ______ NAYS; ______ ABSTENTIONS. _________________________________________ MAYOR ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ CITY SECRETARY CITY ATTORNEY Avilla Vista Branch Planned Unit Development (PUD) Page 2 33  ARTICLE 1 – DEVELOPMENT STANDARDS 1.1 Purpose and Intent The Avilla Vista Ranch Planned Unit Development (PUD) is composed of 20.012 acres as described in Exhibit “A” - Field Notes. The development of the Property is planned as a high-qualitycommunity comprised of commercial uses along Highway 29 and a unique residential product type set behind the commercial uses. The PUD is composed of commercial and a mix of single familydetached units and single family attached units with up to two (2) units in a single building. Within the residential portion of the Project, all common areas, buildings and amenities, will be privately owned and maintained by a management company, ensuring a consistent level of propertycare. The community will include a network of private open space areas that serve as yards for individual units as well as common amenity areas that will create park and recreation amenities forresidents. The contents of these dimensional standards further explain and illustrate the overall appearance and function desired for this community. Exhibit “B” - Site Plan, has been attached to this PUD to illustrate the design intent for the property. 1.2 Land Uses The Project shall be comprised of 5.7 acres of commercial along the Highway 29 frontage and 14.3 acres of residential on the interior portions of the Property. The commercial portions of the project shall have a base zoning of General Commercial/Retail (C3) and the residential portions of the Project shall have a base zoning of Multi-Family Residential (MF1). 1.3 Dimensional Standards The Project shall adhere to the minimum development standards of the Multi-Family Residential (MF1) zoning classification, with the following exceptions: A. Maximum density of twelve (12) units per acre. B. All units shall be one (1) story. C. Maximum building height is thirty (30) feet. D. Internal building separation (foundation to foundation) between habitable/conditioned buildings shall be a minimum of eight (8) feet. E. Internal building separation (foundation to foundation) between garage parking buildings andhabitable/conditioned buildings shall be six (6) feet. F. Drive isles shall be twenty-four (24) feet wide. Avilla Vista Branch Planned Unit Development (PUD) Page 3 34  G. Parking spaces shall be nine (9) feet wide and eighteen (18) feet deep. 1.4 Supplemental Standards A. Fire Suppression. If required, all residential units shall be fire sprinkled in accordance with NFPA 13D standards. B. Off-street Parking. Off-street parking and circulation including site access, pedestrian circulation and loading/unloading, shall adhere to the City of Round Rock Transportation Criteria Manual, as generally referenced in Section 6.10 of the UDC, as amended. The following additional standards shall also apply to the residential portion of the Project: 1. Resident and visitor parking shall be provided at a minimum of two (2) parking spaces per unit. 2. Uncovered surface parking, covered parking spaces and detached garages shall be allowed and count toward the minimum parking requirements established within the PUD. C. Outdoor Audio and Lighting. The following general outdoor audio and lighting standards shallapply: 1. All outdoor lighting on the Property shall be and installed in a manner that results in zero-foot candles measured at the property line. D. Walls and Fencing. The following general wall and fence standards shall apply to the residential portions of the Project: 1. Perimeter walls and fences on all boundaries of the Property shall not exceed six (6) feet in height above finished grade and shall contain opaque or solid elements. 2. Walls and fences shall be constructed so as to present the finished side outward towards anadjacent property or roadway. 3. Backyards of residential units shall be enclosed with side-by-side wood fencing at a heightnot to exceed six (6) feet in height. 4. Dumpsters shall set on a concrete pad that is enclosed by a minimum six (6) feet high opaque wall or fence constructed of either masonry or a suitable, durable material. E. Signage. All signage on the Property (e.g.; monument sign, wall sign, directional sign, etc.) shall adhere to the design, construction and number of signs outlined in an approved Master Sign Plan application, to be filed in conjunction with a site development and stormwater plan application. All signage shall also be in accordance with the following additional standards: 1. Monument signage located along Highway 29 shall not exceed eight (8) feet in Avilla Vista Branch Planned Unit Development (PUD) Page 4 35  height one hundred and fifty (150) square feet in copy area. 2. Signage shall be set back at least ten (10) feet from the front property line and shall not encroach into the clear-sight triangle of the intersection of a driveway and a public roadway. 3. On-premise signage shall not contain digital or electronic copy area. F. Parkland. All parkland requirements shall be met by the construction of the community pedestrian system, community gathering areas, dog park and a pool area within the residentialportion of the Project as illustrated on Exhibit “B” - Site Plan. G. Buffering. As the community boundary shall have opaque fencing and all residential buildings shall be one (1) story, buffering requirements outlined in Section 6.08 of the UDC are waived. H. Tree Inventory and Protection. An inventory of existing trees, consistent with City requirements, shall be provided at the time of site plan submittal. So long as the site plan is consistent with Exhibit “B” - Site Plan, any hardwoods, including those greater than 19 (19) inches in diameter may be removed. Additionally, no limit shall be applied to the percentage of trees under (19) inches in diameter that may be removed. I. Architectural Standards. The following building and design standards shall apply to residentialportions of the Project: 1. All facades must be architecturally finished or detailed. Exterior finishes may include brick veneer,stone veneer, stucco cladding or cementitious fiberboard material. Avilla Vista Branch Planned Unit Development (PUD) Page 5 36  ARTICLE 2 – ADMINISTRATION AND ENFORCEMENT 2.1 Amendments to the PUD A. A major amendment to this PUD shall be processed as a zoning map amendment in accordancewith the UDC and will be subject to filing fees for a PUD amendment. The following shall beconsidered a major amendment to the approved plan: 1. Any changes in a condition that was imposed by the City Council during the public hearing; 2. Any changes in the approved development standards, land use schedules or the intensitiesof the land uses that were approved for the PUD by the City Council; 3. A cumulative increase in overall building floor area that exceeds ten percent (10%) of whatwas originally approved; 4. Any changes to the overall project boundary other than survey and title adjustments/corrections (expansions or contractions) that were originally approved for thePUD; 5. Any changes that will create additional trip generations of ten percent (10%) or greater; B. A minor amendment to this PUD shall be processed administratively by the City Administrator or designee. The following shall be considered as non-substantial modifications subject to administrative approval: a. Any number of increases in building floor area that do not exceed a cumulative total of ten (10) percent above that which was originally approved; b. Any deviations in a development standard (e.g.; parking ratios, landscape requirements, buffer standards, building height, etc.) that does not exceed ten (10) percent; c. Changes in approved building sitting and layout, off-street parking and circulation, landscaping and buffering, building design and architecture; d. Additional of an ancillary land use that is deemed critical to be continued operation of theprimary use, will not be in conflict with Section 2.3 of the UDC, does not overwhelm the primary use and does not change the original nature or intent of the PUD. e. The City Administrator or designee shall establish procedures necessary to file and processa request for a minor amendment to the PUD. Avilla Vista Branch Planned Unit Development (PUD) Page 6 37  f. Any approved minor amendments shall be annotated, cataloged and included with the original adopted ordinance. The City Administration or designee shall advise the City Council of the administrative approval at the next available public meeting following saidapproval. 2.2 Variances No application for relief by variance to a development standard outlined in this PUD shall be accepted or processed by City staff. Request for deviations to a standard outlined in this PUD shall adhere to the amendment’s procedures outlined in Section 2.4 of this article. Avilla Vista Branch Planned Unit Development (PUD) Page 7 38  EXHIBIT A Survey/Field Notes Avilla Vista Branch Planned Unit Development (PUD) Page 8 39 Avilla Vista Branch Planned Unit Development (PUD) Page 9 40 Avilla Vista Branch Planned Unit Development (PUD) Page 10 41 EXHIBIT B Site Plan Avilla Vista Branch Planned Unit Development (PUD) Page 11 42  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 1, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.e Discussion and consideration on a request to amend Section 6.12 (Sign Regulations) of the Code of Ordinances for the City of Liberty Hill (Unified Development Code). Presented by John G. Byrum, Director of Planning. 43 6.12 Sign Regulations 6.12.01 Purpose. The purposes of regulating the placement and specifications of signs within the City’s jurisdictional area are as follows: A. To promote and protect the safety of persons and property by assuring that signs do not create traffic hazards or impair motorists’ ability to see pedestrians, other vehicles, obstacles or read traffic signs; B. To promote the aesthetics, safety, health, morals and general welfare, and the assurance of protection of adequate light and air by regulation of the position, displaying, erection, use and maintenance of signs; C. To promote the efficient transfer of general public and commercial information through the use of signs; D. To enhance the overall appearance and economic value of the landscape, and preserve the unique natural environment that distinguishes the City and surrounding area. 6.12.02 Applicability - Effect A. A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of the Section. B. The effect of this Section as more specifically set forth herein, is: 1. To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this Section.[;] 2. To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective Lots on which they are located, subject to the substantive requirements of this Section, but without requirements for permits; 3. To provide for Temporary Signs without Commercial Messages in limited circumstances; 4. To prohibit all signs not expressly permitted by this Section; and 5. To provide for the enforcement of the provisions of this Section[.] 6.12.03 Definitions and Interpretation Words and phrases used in this Section shall have the meanings set forth in the Reference section of this Code. Principles for computing sign area and sign height are contained in Section 6.12.04 below. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. 6.12.04 Computation A. Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a Wall Sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against 44 which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets Code regulations and is clearly incidental to the display itself. B. Computation of Area of Multifaceted Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. C. Computation of Height. The height of a sign shall be computed as the distance from the ground to the top of the highest attached component of the sign. Normal grade shall be construed to be the (1) existing grade prior to construction (2) the newly established grade after construction, or (3) the crown of the adjacent roadway. D. Computation of Maximum Total Permitted Sign Area for a Zone Lot. The permitted sum of the area of all individual signs on a Zone Lot shall be computed by applying the formula contained in Table 6-3, “Maximum Total Sign Area per Zone Lot by Zoning District,” to the Lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the Lot is located. Lots fronting on two or more Streets are allowed the permitted sign area for each Street Frontage, with signs facing a maximum of two Streets. However, the total sign area that is oriented toward a particular Street may not exceed the portion of the Lot’s total sign allocation that is derived from the Lot, building, or wall area frontage on that Street. 6.12.05 Permitted and Prohibited Signs A. Sign Permits (number/letter change). Signs shall be allowed on private property in the City or its extraterritorial jurisdiction in accordance with, and only in accordance with, Table 6-3 [6-2], “Permitted Signs by Type and Zoning District.” If the letter “A” appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letter “P” appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If no letter appears for a sign type in a column, such sign is not allowed in the zoning districts represented by that column under any circumstances. The following zoning districts are identified for the purpose of these tables: Table 6-2 Permitted Signs by Zoning District Sign Type AG Residential C-1, C-2 C3 Industrial Freestanding Other A A A A A Formatted: Left Incidental 45 Monument - - P P - Formatted: Centered Pole or Pylon - - - - - Formatted: Centered Building - - P P P Banner A A A A A Building Marker - - P - - Canopy A A A A A Incidental - - P P - Marquee - P P P P Monument - - P P - Projecting P P P - - Residential - - - - - Roof - - - P P Roof, Integral A A A A A Street Address - - A A A Suspended A A P P P Temporary - - P P P Wall - - P P P Window Miscellaneous A A A A A Flag A A P P P Portable * (A) Allowed without permit (P) Permit required (-) Prohibited B. Although permitted under the previous paragraph, a sign designation by an “A” or “P” in Table 6-2 shall be allowed only if: 1. The sum of the area of all building and Lots on the Zone Lot conforms to the maximum permitted sign area as determined by the formula for the zoning district in which the Lot is located. 2. The size, location, and number of signs on the Lot conform to the requirements of Tables 6-2, 6-3, 46 “Number, Dimensions, and Location of Individual Signs by Zoning District.” Table 6-3 Number, Dimensions and Location of Individual Signs by Zoning District Sign Type Agricultural Residential C1, C-2 C-3 Industrial Freestanding Area (sq. ft.) 72 20 30 200 200 Formatted: Highlight Formatted: Highlight 10 (Pole/Post/Arm) Height (feet) 8 5 30 25 Formatted: Highlight 5 Formatted: Highlight (Monument) Setback (feet) 10 8 8 10 10 Number Permitted 1 1 1 Per Zone Lot 1 (per street (per street N/A (per street frontage) frontage) frontage) Per Feet of Street 1 1 N/A N/A N/A Frontage (per 200') (per 400') Building 30 45 (Wall) Area (max. sq. ft.) N/A 2 (Wall) N/A 15 16 (Projecting) (Projecting) Wall Area (percent) N/A N/A 10 10 5 C. Permits Required. 1. If a sign requiring a permit under the provision of this Chapter is to be placed, constructed, erected, or modified on a lot either within the City limits or the City’s extraterritorial jurisdiction, the owner of the Lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of Section 6.12.05.F [6.12.05.E] below. 2. No signs shall be erected in the public right-of-way except in accordance with Section 6.12.05.J [sic] below. 3. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this Section (including those protecting existing signs) in every respect and with the Master or Common Signage Plan in effect for the property, if applicable. If a permit is administratively denied the property owner may appeal to a committee composed of the Mayor, Mayor Pro tem, and City Administrator. 47 D. Signs Exempt from Regulation. The following signs shall be exempt from regulation under this Chapter: 1. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance; 2. Temporary real estate signs not exceeding six square feet in area and three feet in height in residential zoning districts and not exceeding 64 square feet in area and 12 feet in height in other zoning districts that advertise the property on which the sign is located for sale or lease. These signs must be removed within seven days after the property is sold or leased; 3. Works of art that do not include a Commercial Message; 4. Holiday lights and decorations with no Commercial Message; 5. Traffic-control signs on private property, such as stop, yield, and similar signs, the face of which meet Department of Transportation standards and that contain no Commercial Message of any sort; 6. Temporary signs advertising a “garage sale” not exceeding six square feet in area. These signs may not be posted earlier than three days before and must be removed within one day after the sale; 7. Temporary signs placed on construction sites to identify the contractor, engineer, architect, or developer not exceeding 64 square feet in area. These signs may not be erected prior to approval of a site plan and must be removed within seven days after the completion of the project; 8. Permanent subdivision identification signs approved by the City Council as part of the platting process; 9. Temporary signs for special events such as charitable, church, or community activities. These signs may not be posted earlier than three weeks before and must be removed within one day after the event; 10. Model home signs not exceeding 32 square feet in area and 5 feet in height. 11. No Trespassing, No Hunting, and No Fishing Signs placed by the landowner. 12. Temporary real estate signs (commonly referred to as “bandit” signs) are permitted Friday, Saturday and Sunday only, and must be removed by Monday morning, per TxDoT regulations. E. General Permit Procedures. The following procedures shall govern the application for, and issuance of, all sign permits under this Section, and the submission and review of Common Signage Plans and Master Signage. 1. Applications. All applications for sign permits of any kind and for approval of Master or Common Signage Plan shall be submitted to the City Administrator. 2. Fees. Each application for a sign permit or for approval of a Master or Common Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council from time to time by resolution. 48 3. Completeness. Within five days of receiving an application for a sign permit or for a Master or Common Signage Plan, the City Administrator shall review it for completeness. If the City Administrator finds that it is complete, the application shall then be processed. If the City Administrator finds that it is incomplete, the City Administrator shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of the Chapter. 4. Action on Permit. Within seven days of the submission of a complete application for a sign permit, the City Administrator shall either: i. Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of the Section and of the applicable Master or Common Signage Plan; or ii. Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform to requirements of the Section and the applicable Master or Common Signage Plan. In case of a rejection, the City Administrator shall specify in the rejection the sections of the Chapter or applicable plan with which the sign(s) is inconsistent. 5. Action on Plan. On any application for approval of a Master or Common Signage Plan, the City Administrator shall either approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with requirements of this Section, or reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of the Section. In case of a rejection, the City Administrator shall specify in the rejection the sections of the Section with which the plan is inconsistent. The City Administrator shall take action on or before the applicable one of the following dates: i. Fourteen days after the submission of a complete application if the application is for existing buildings; or ii. On the date of final action on any related application for building permit, site plan, or development plan for signs involving new construction. 6.12.06 Nonconforming Signs. A. This Section shall apply to all Nonconforming Signs. All Nonconforming Signs shall be brought into compliance with this chapter in accordance with the provisions of this Section. B. All Nonconforming Signs that were erected in violation of the ordinances of the City in existence at the time the sign was permitted or should have been permitted, and which violation was or has not been cured, shall, upon written notice, be required to be brought into compliance with this Section or removed within a reasonable time frame specified by the City Administrator, but not to exceed 30 days. C. Nonconforming Signs that do not comply with the City Construction Code shall be subject to enforcement under the Construction Code, as well as this Section. Repairs or modifications required under the City Construction Code shall not entitle the owner of the Nonconforming Sign to compensation under this Subchapter. 49 D. All Nonconforming Signs shall be subject to the following provisions: 1. Any Nonconforming Sign that has been destroyed or damaged to the extent that the cost of repairing the sign is more than 50 percent of the cost of erecting a new sign shall be removed or shall be brought into compliance with this Chapter within six months from receipt of an order from the City Administrator. 2. No Nonconforming Sign shall be required to be relocated or removed unless such Nonconforming Sign is more than 50 percent destroyed or damaged as provided above. 3. Existing on-premises advertising may be replaced with like size and structure, not to exceed the square footage and height of the original sign. E. Change of use: Whenever a land use changes, any nonconforming sign must be modified or removed so as to be in full compliance with these sign regulations. F. Any water storage device existing at the date of this adoption would be non-conforming and would be precluded from restoring any type of signage upon repainting of the water storage device. 6.12.07 Abandoned signs and supporting structures. A. The owner of any premises on which there is displayed or maintained an abandoned sign or abandoned supporting structure shall comply with the following requirements: 1. Any sign that is deemed dilapidated by the City Administrator on or before the adoption date of this Section, the owner shall remove the sign within 30 days after receiving written notice from the City Administrator or the adoption of this Section, whichever is later; 2. Any sign that is deemed dilapidated by the City Administrator after the adoption date of this Section, the owner shall remove the sign within 30 days after receiving written notice from the City Administrator; 3. If a supporting structure used or designed to be used with a sign is deemed dilapidated by the City Administrator on or before the adoption date of this Section, the owner shall remove the supporting structure within 30 days after receiving written notice from the City Administrator. 4. If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that would hold the sign or to which the sign would be attached, the supporting structure shall be removed or made to comply with the provisions of the Section. 5. No sign or supporting structure that is altered under the provisions of this section shall be made more nonconforming. B. Any dilapidated sign or dilapidated supporting structure not in compliance with this Section is an unlawful sign and may be removed by the City in compliance with Chapter 7 and the owner may be prosecuted or be enjoined from continuing such violation. C. If any sign, which conforms to the regulations of the Section, is abandoned, the owner, user, and Persons who benefit from the sign and the owner, operator, and tenants of the property on which the 50 sign is located shall remove it, paint out or cover the message portion of the sign, put a blank face on the sign, or otherwise bring it into compliance with this Section so as to leave the message portion and supporting structure neat and unobtrusive in appearance, within 90 days after receiving written notice from the City Administrator. D. The following are required for the use, display, maintenance, or permitting of an alteration of any abandoned sign or supporting structure regardless of when the sign was abandoned:[.] E. Like material. Only the same like, or better quality material as that being replaced shall be used as a face on or in the abandoned sign. The face of the supporting structure must be one that the supporting structure is designed to support. F. Routed, embossed, or raised messages or sign copy must not be visible to the ordinary observer, if the face or message is blanked. G. Covered Messages. H. Abandoned signs may be painted in order to “blank” the face. However, the paint must completely cover the sign face or message portion of the structure. The covered, painted over message must not show through the paint. I. Covered sign faces must be of a material or substance that renders the resulting sign face completely blank, opaque, and resistant to deterioration. It is a violation of the Chapter to allow a covered message to bleed or show through the paint or covering. J. No Person shall alter an abandoned sign or supporting structure without first obtaining a permit to do so from the City Administrator. 51 Hutto Single use: 32 sq ft. 6 ft. (H) Multi-tenant: 48 sq. ft 8 ft. (H) Little Elm Monument: 60 sq. ft. 8 ft. (H) US 380 Overlay: 100 sq. ft. 10 ft. (H) Flower Mound Ground Signs: not to exceed 60 sq. ft. not to exceed 10 ft. (H) (per side if a double faced sign) Round Rock Monument: Freeway 150 sq. ft. 18 ft. (H) Commercial Road 75 sq. ft. 12 ft. (H) Neighborhood Road 50 sq. ft. 6 ft. (H) Special Area OS;DT 36 sq. ft. 6 ft. (H) 52 53 54 55 56 57 58 59 60 61 62 63 64