Planning & Zoning Commission (P&Z)

1 2  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MAY 3, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3a Discuss and consider approval of minutes of the Planning and Zoning Commission meeting held on April 19, 2022. 3  PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES April 19, 2022 @ 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, April 19, 2022, at 6:30PM 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 Bryan Rivera. Commissioner Jon Mathiasen was absent. 2. PUBLIC COMMENTS Rebecca Harness, Interim City Secretary, read a public comment received via email from Ms. Kathy Barber, who resides at 105 Howard Lane, pertaining to Regular Agenda Item 5b related to Amifast Industrial Park. Ms. Barber expressed concerns about light and noise from a business operating 24/7 and the impact on quality of living as well as the value of her home. Ms. Barber indicated that her hope was that the city would not allow a business to operate 24/7 so close to a residential area, and that any business operating on the site be required to mitigate light and sound. Planning and Zoning Commission 1 April 19, 2022 4  Jan Joplin, who resides at 101 Angela Drive, also echoed the concerns of Ms. Barber. Chair Messana advised that there could be further discussions during the Public Hearing Agenda item of anyone so desired. 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 the Commission, in which event the item(s) will be removed from the Consent Agenda and considered under Regular Agenda. 3a) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on October 19, 2021. 3b) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on January 4, 2022. 3c) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on November 16, 2021. 3d) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on January 18, 2022. 3e) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on February 15, 2022. 3f) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on January 25, 2022. 3g) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on April 5, 2022. 3h) Discuss and consider approval of minutes of Planning and Zoning Commission meeting held on February 1, 2022. Commissioner Diane Williams made a motion to remove item 3a from the Consent Agenda for discussion of a needed correction. Seconded by Vice-Chair Chad Cormack. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Commissioner Williams made the motion to approve Consent Agenda items with exception of 3a. Seconded by Chair Messana. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Commissioner Williams presented the clerical correction that needed to be made to the minutes on Item 3a and made a motion to approve item 3a with the correction. Seconded by Chair Messana. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. 4. REGULAR AGENDA 4a) Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from a Medium Density Residential (SF2) classification to a Downtown Commercial/Retail (C2) zoning classification on the following property: Planning and Zoning Commission 2 April 19, 2022 5  Block 1, Lot 3, Jenkins Branch subdivision, locally addressed as 105 Mathews Circle, Liberty Hill, Williamson County, Texas and identified as Assessor's Parcel Number R605649. Mr. Jerry Millard, Interim Director of Planning, addressed the Commission and presented the Staff Report, highlighting that should this request be approved, the applicant intends to build a small- scale commercial building along Brown Bridge Road frontage and a residence along Matthews Circle. Staff recommends that, due to the current development pattern, that the parcel would be better suited for a split zoning classification of Medium Density Residential (SF2) classification and Downtown Commercial/Retail (C2) zoning classification, instead of the request to change to C2 only. Chair Messana clarified that the applicant was intending to subdivide the property and asked if the City could do a split. Mr. Millard confirmed. Commissioner Williams pointed that that rezoning with a split zoning was not addressed in the Unified Development Code (UDC). Mr. Millard advised that it was still okay. Chair Messana pointed out the there had been some overlap previously on a parcel by the Middle School. Mr. Millard advised that he believed it should be rezoned first before subdividing. Chair Messana inquired as to how, without a plat, it would be clear where it would be split. Mr. Millard advised that an assumption could be made and he didn’t see it as a big concern, reiterating the staff recommendation. Commissioner Williams pointed out that the UDC Section 4.03 on page 72 of the UDC also states that no rezoning action may specifically vary from the Future Land Use Map (FLUM). Mr. Millard stated the FLUM is out of date and there was no way to adjust it. Chair Messana inquired as to if split zoning could be approved contingent upon subdividing. Mr. Millard said he had not heard of that before. Vice-Chair Cormack stated that he had no concerns about split zoning but does have a concern on setting a precedence and prefers to see at least a survey and really subdivision, indicating that he could not vote to rezone without those. Vice-Chair Cormack also pointed out what he believed to be a typo in the property number wherein the report states R605649 but the Williamson County records indicate it should be R023831, which is also the number indicated on an attached exhibit. Mr. Millard confirmed that it was indeed an error on the Staff Report and should be R023831. Chair Messana summarized the discussion highlighting that it appears that no one is opposed on this type of use but the difficulty is related to not subdividing or having a survey to define it at this time. Mr. Millard reiterated that he preferred not to subdivide it at this time but was okay requiring a survey. Commissioner Williams reiterated her concerns regarding the need for legal advice on if it can be split and if it can be approved outside the FLUM given the requirements currently in the UDC. Planning and Zoning Commission 3 April 19, 2022 6  Chair Messana paused this agenda item to conduct the associated public hearing at 6:49PM. Chair Messana reopened this agenda item following the closing of the associated Public Hearing at 6:58PM. Chair Messana summarized that this action would entail splitting residential and commercial, with no access for a thoroughfare from the commercial to the residential area, which was a concern expressed in the Public Hearing. Mr. Millard advised the audience that he typically does not speak to the Commission without a microphone but if they observed him doing so in the Public Hearing, it was because he was trying to show the Commission the survey referenced by the Owner. Mr. Millard also responded to a concern expressed in the Public Hearing regarding if the lot was big enough and advised that, based on a Google Earth search, that the split lot would be sufficient for the respective zoning districts. In that regard, Mr. Roy Campbell spoke up expressing his concerns on the business parking, to which Mr. Millard responded that the city does not having any parking requirements. Commissioner Williams spoke up and advised that, speaking for herself, that is not something she is particularly proud of, and it is a gap that needs to be addressed. Chair Messana added that there are building height requirements, setback requirements, and other requirements but there is a gap in parking requirements at this time. Vice-Chair Cormack advised that the survey was something he would have preferred to see before it was shown to the Commission during the Public Hearing and stated his concerns that the public has not seen it either. Mr. Millard advised that it was not something he typically provides. Commissioner Williams stated that, while that may be this case in other situations, the staff recommendation is for split zoning. Mr. Millard stated what the applicant provided was not for split zoning. Vice-Chair Cormack reiterated that he still would like to see the metes and bounds or at least some sort of x, y coordinates. Vice-Chair Cormack advised that while he does not love the idea of split zoning, he didn’t’ see anything that would not allow it. Mr. Millard responded that if he was the Owner, he would not spend money on platting without a guarantee for rezoning first, and advised that Staff recommends then that the Owner do a survey to accomplish that and come back by the May 3rd meeting. Commissioner Williams again reiterated her concern stating in some cases when something comes up the Commission is told it is not in the UDC but then for this one, the justification is used that the UDC does not disallow it, and that the UDC specifically states that rezoning cannot be outside the FLUM, so she needs to be comfortable it can be done based on Legal Counsel advice. Chair Messana summarized the need for legal advice and the survey with defined points to move forward. Commissioner Williams made the motion to postpone this agenda item until the May 3rd Meeting to include advice from legal pertaining to if split zoning and rezoning outside the FLUM are allowed, a survey with specifically defined points, and amendments to the Staff Report to include that it meets the setback, frontage, and minimum square lot size. Seconded by Bryan Rivera. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. 4b) Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from an Agricultural (A) classification to a General Commercial/Retail (C3) zoning classification on the following property: Lot 7, Amifast Industrial Park subdivision, locally addressed as 145 Bevers Road, Liberty Hill, Williamson County, Texas and identified as Assessor's Parcel Number R455198. Planning and Zoning Commission 4 April 19, 2022 7  Mr. Millard addressed the Commission and presented the Staff Report. Mr. Millard noted that there had been one (1) comment received from a nearby property owner after the submission of the Commission Packet. Staff recommends approval as proposed. Vice-Chair Cormack inquired as to the color-coding on the map and Commissioner Williams asked that in the future a legend be provided that identifies the meaning of the various colors used. Commissioner Williams raised the same concern pertaining to rezoning contrary to the FLUM as per the UDC Section 4.03 and indicated that there is a different portion of the UDC that does indicate any land annexed is initially brought in as Agriculture (AG) and inquired if that was the case in this situation. Mr. Millard stated that the record keeping was lacking and that he could not locate any such document, but that he assumed it was the case. Chair Messana noted that on Bevers Road there is currently one (1) zoned light industrial and inquired if any were being developed at this point. Mr. Millard advised that there was only one (1) building northeast of this property that had a building on it that is in use right now. Mr. David Geller, Property Owner, indicated that currently the building is used for fasteners, bolts, etc. manufacturing. Chair Messana paused this agenda item to open the associated Public Hearing at 7:13PM. Chair Messana reopened this agenda item following the associated Public Hearing at 7:25PM. Commissioner Williams asked the Property Owner regarding his reference in the Public Hearing if indeed the property had gone through annexation previously. Mr. Geller responded yes and Ms. Nichole Geller, Property Owner, added that Williamson County already has it listed as Commercial. Commissioner Williams asked Mr. Millard if that could help be the justification for the change. Mr. Millard clarified that Williamson County does not have zoning but it is instead classification of the use of the property. Commissioner Williams advised that her concern is the issue with the UDC rezoning restriction to be consistent with the FLUM and that is why she was inquiring to help potentially include more to address that concern in the staff report. Chair Messana made the motion to recommend approval of a Zone Map Amendment from an Agricultural (AG) classification to a General Commercial/Retail (C3) zoning classification on Lot 7, Amifast Industrial Park subdivision, locally addressed as 145 Bevers Road, Liberty Hill, Williamson County, Texas, identified as Assessor's Parcel Number R455198. Seconded by Bryan Rivera. During discussion, Commissioner Williams noted that her vote would be based on the information provided that this was initially AG when annexed, despite the UDC wording on rezoning inconsistent with the FLUM, which is a different scenario than the previous agenda item. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Planning and Zoning Commission 5 April 19, 2022 8  4c) Discussion regarding the scope of work for the Comprehensive Plan and UDC rewrite to be completed by Verdunity. Mr. Millard addressed the Commission stating his concern that the Consultant agreement was not yet ready to go to Council because he had just received it and had not had a chance to go over it. Mr. Millard advised that he had been following up with the Consultant and there had been some illness in the week prior. Chair Messana indicated that he had not yet had a chance to review and would welcome any input. Commissioner Williams advised that she wanted to first point out the positive, which was the extent of the public input, but that her primary concern was with the UDC update did not appear to cover all the items listed in the Request for Qualifications (RFQ). Commissioner Williams made note of the Downtown Plan referenced, advising that she had watched the Downtown Revitalization Committee Meeting were this was discussed, and asked Mr. Millard what further detail would be needed for that because she assumed downtown would be covered in the Comp Plan already. Mr. Millard referred to downtown zoning and stated that the scope needs more work. Commissioner Williams advised that, while she could not get into specifics because it is proprietary to the Consultant, she had concerns about the payment schedule. Commissioner Williams also confirmed with Mr. Millard that the referenced CPAC, which she assumed with the advisory committee, should be the Planning and Zoning Commission as stated in the RFQ. Chair Messana asked if the RFQ had asked for a rewrite of the UDC and Commissioner Williams advised it did not use the term rewrite but it did have a list of the issues in the current UDC to be addressed at a minimum. Mr. Millard advised that he had discussions with the Consultant and he felt like it was the intent of them to address the UDC, but noted that the wording related to the UDC being updated based on the plan without the full details in the RFQ. Concerns regarding delaying it to Council were expressed by both the Commission and Staff, but it was noted that it is important to get it right. Commissioner Williams reiterated that she is very happy with the public participation part. Chair Messana stated that he was onboard with Mr. Millard’s and Commissioner Williams’ concerns and stated that even though Mr. Millard indicated it was the Consultant’s intent to address these things that it should be in writing. Commissioner Williams stated that she didn’t’ want to take something to Council that didn’t meet the RFQ and if budget was a concern, then she felt that the Commission needed to ensure clarity on what is provided within the budget and how much more would be needed to address other items, acknowledging that this was a concern also expressed by Vice-Chair Cormack in a previous meeting. Commissioner Rivera asked if a decision needed to be made and Mr. Millard advised that the Commission had asked to review the scope prior to Council and that he could also just put an agenda item for discussion only at this time on the Council Agenda. Vice-Chair Cormack indicated that he thinks given the substantial staff turnover since selecting the Consultant, with different staff being involved in the interview process, that the new City Administrator should have input as it needs to be done right. Vice-Chair Cormack indicated that himself and Commissioner Williams could help with scoping with Mr. Millard and hopefully the new City Administrator. Mr. Millard indicated that he had sent information to the incoming City Administrator and he had expressed interest but he had not yet sent this information to him. Planning and Zoning Commission 6 April 19, 2022 9  Vice-Chair Cormack indicated he was not sure why there was not a fee schedule and that he does not agree with the billing method provided by the Consultant, that it is typically either time and materials or lump sum. Vice-Chair Cormack added that if the scope was clearly defined, then lump sum payments would be great. Vice-Chair concluded that he thinks it needs to be phased out and perhaps take phases 1 and 2 first given right now we are not sure what needs to be done on the UDC until that could be determined, and reiterated his concerns regarding lack of details on costing. Vice-Chair Cormack also noted that it would protect the Consultant as well. There were further discussions among the Commissioners regarding to payment approaches to ensure there was a basis for payments, either progress or deliverables. Chair Messana inquired if Vice-Chair Cormack and Commissioner Williams could be pulled in to help, with the new City Administrator, before the May 4th Council Meeting. It was noted that the next Commission Meeting would be on May 3rd and that the new City Administrator would start on May 2nd. Mr. Millard indicated that he was uncertain if he could ask the incoming City Administrator right now and Commissioner Williams noted that she had seen reference to the new City Administrator already starting to be involved prior to his official start date. In response to the question from Chair Messana, Vice-Chair Cormack indicated that he believed it could be done and asked if the Consultant would be open to phasing it out, and Mr. Millard advised he was not certain at this time. Commissioner Williams asked Vice-Chair Cormack to elaborate on the phasing out reference to ensure everyone was on the same page, noting that she believed it could help manage expectations as well on what the Council might see as potential change orders, noting that in Consultancy that is not the term used. Vice-Chair Cormack elaborated and stated that each phase could have a Notice to Proceed. Mr. Millard asked Commissioner Williams regarding her availability to assist tomorrow, to which she confirmed and noted she would like Vice-Chair Cormack involved as well if he could be available. No action was taken. 5. PUBLIC HEARING 5a) 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 Medium Density Residential (SF2} zoning classification to the Downtown Commercial / Retail (C2} zoning classification on the following property: APPROXIMATELY .76 ACRES - BEING JENKINS BRANCH, BLOCK 1, LOT 3, LIBERTY HILL, WILLIAMSON COUNTY, TEXAS, A PART OF LAND CONVEYED TO TIMOTHY F. WELLINGS, Ill & STEPHANIE M ROBERTS, VIA DOCUMENT NO. 2019071653 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND IDENTIFIED AS ASSESSOR'S PARCEL R023831. THE PROPERTY IS ADDRESSED AS 105 MATTHEW CIRCLE, LIBERTY HILL, TX 78642. Planning and Zoning Commission 7 April 19, 2022 10  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, 2801Ranch Rd 1869, Liberty Hill, TX 78642 on Tuesday, April 19, 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, May 4, 2022, at 6:00 PM at the Liberty Hill Municipal Courthouse, 2801Ranch Rd 1869, Liberty Hill, TX 78642. 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. Chair Messana opened the Public Hearing at 6:50PM. Mr. Tim Wellings, Property Owner, addressed the Commission and stated that he had purchased the property 1 ½ years ago with the intent to put an office building for his wife’s accounting business on Brown Bridge Road. Mr. Wellings stated that the had gotten a plat and presented it as part of his submission. Mr. Millard corrected that it was a survey but it was not specific. Mr. Wellings indicated that the division line was intended to carry forward to connect with MOJOs to leave space for a house of Matthews Circle. Mr. Wellings stated that Mr. Millard had guided him through the process and told him to do a zoning change first and that based on his discussions, he did not see the need to do split zoning really. Ms. Ariana Devey, 102 Matthews Circle, stated that her concern since living in the house and seeing a lot of grown and traffic were 1) making sure no thoroughfare between MOJOs and the cul-de-sac was done and 2) on office, what else would be there, what other types of businesses, and would that set a precedence for other properties in the area. Mr. Roy Campbell, indicating he has the lot at 100 Matthews Circle, stated his concern about a potential thoroughfare given children play in the circle, and if there is really enough land to build both a residence and a business. Chair Messana closed the Public Hearing at 6:57PM 5b) 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 (A) zoning classification to the General Commercial / Retail (C3} zoning classification on the following property: APPROXIMATELY 3.118 ACRES - BEING AMIFAST INDUSTRIAL PARK, LOT 7, LIBERTY HILL, WILLIAMSON COUNTY, TEXAS, A PART OF LAND CONVEYED TO DAVID & NICOLLE GELLER, VIA DOCUMENT NO. 2022024753 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND IDENTIFIED AS ASSESSOR'S PARCEL R455198. THE PROPERTY IS ADDRESSED AS 145 BEVERS ROAD, LIBERTY HILL, TX 78642. Planning and Zoning Commission 8 April 19, 2022 11  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, 2801Ranch Rd 1869, Liberty Hill, TX 78642 on Tuesday, April 19, 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, May 4, 2022, at 6:00 PM at the Liberty Hill Municipal Courthouse, 2801Ranch Rd 1869, Liberty Hill, TX 78642. 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. Chair Messana opened the Public Hearing at 7:15PM. Ms. Jan Joplin, 101 Angela Drive, addressed the Commission and inquired as to what the term conveyed meant. Mr. Millard advised it meant deeded to the owner. Ms. Joplin noted that on the previous agenda item, the person had indicated it was for an accounting business, and asked if something is rezoned if that was for that specific business only and if the person retired, for example, could it be zoned in a way that it could be used for something different. Chair Messana confirmed that it could be used for something different based on the zoning. Ms. Joplin stated that her concern is for rezoning, and if agreed upon, anything that comes under that zoning umbrella could be there. Mr. Millard reviewed the allowable uses in the UDC for C3 zoning. Ms. Joplin asked to see where Sierra Vista was on the map relative to the property. Mr. Millard reviewed the map on the screen with Ms. Joplin and Mr. Geller joined in at the map to further explain. Mr. Geller stated that the owner that sold to him had the property prior to annexation. Chair Messana closed the Public Hearing at 7:23PM. 6. COMMISSIONER COMMENTS Commissioner Williams thanked the public for participating in the meeting. Chair Messana echoed his thanks. Commissioner Rivera added his thanks and stated that he thought it was nice to see the exchange and explanation on the map. 7. DIRECTOR'S COMMENTS Mr. Millard informed the Commission that the Tree Preservation Ordinance had been approved by Council and was with Franklin for codification. Mr. Millard advised that the Game Rood and Parkland Ordinances (previously recommended to Council by the Commission) was slated to go to Council next week but that he is not ready so these items will be delayed to a future meeting because he needs to submit them for legal comments. Mr. Millard stated that McDonald’s site plan had been approved, along with permits, and that the new sign ordinance would come into play. Planning and Zoning Commission 9 April 19, 2022 12  Mr. Millard advised that the Hidden Lane Glen site plan had been approved by Council. Mr. Millard reminded the Commission that the Meet and Greet for the new City Administrator was tomorrow night from 6-7PM. Commissioner Rivera asked if the meeting on May 3rd would be moved to a different location given voting. Commissioner Williams responded that the voting would be in the Over the Hill Gang Building behind Parker’s this time and Mr. Millard advised that the venue for the next meeting would be at the regular venue. 8. ADJOURNMENT On motion by Chair Messana and second by Commissioner Rivera, the Planning and Zoning was adjourned at 7:56 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 Planning and Zoning Commission 10 April 19, 2022 13  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MAY 3, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4a Discussion on the scope of work and professional services agreement for the Comprehensive Plan and UDC rewrite to be completed by Verdunity. 14