Planning & Zoning Commission (P&Z)

PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - SEPTEMBER 6, 2022 - 6:30 PM Notice of AGENDA Council Chambers at Municipal Court - 2801 Ranch Road 1869, Liberty Hill, Texas Bryan Rivera Chad Cormack Steve Messana Jon Mathiasen Diane Williams 1) CALL TO ORDER a) Establish Quorum b) Invocation c) Pledge of Allegiance “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with Liberty and Justice for all.” d) Texas Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2) PUBLIC COMMENTS Public Comments are welcome. You may submit Public Comments in person, or you may submit to the City Secretary at esimpson@libertyhilltx.gov before 3:00 PM the day of the meeting. 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 the Multifamily Residential (MF1) zoning classification on the following property: 1  Approximately 14.2037 ACRES OF A TOTAL 23.6864 ACRES OUT OF THE JOHN B. ROBINSON SURVEY, ABSTRACT NO. 521, A PART OF LAND CONVEYED TO LIBERTY HILLS CROSSING LLC, VIA DOCUMENT NO. 2022080440 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND IDENTIFIED AS ASSESSOR’S PARCELS R324650, R022852, AND R080969. THE PROPERTY IS ADDRESSED AS 1100 AND 11000 SH 29 W, LIBERTY HILL, TX 78642. 1.) City Staff introduction, staff report and staff recommendation. 2.) Conduct Public Hearing related to the proposed Ordinance. 3.) Consider taking action to forward a recommendation to the City Council regarding proposed Ordinance to apply permanent zoning designation. 1110 & 11000 W Hwy 29 P&Z Staff Report.pdf Map Liberty Hill Zoning Exhibit.pdf 01421 Com Tract MB.pdf 01421 MF Tract MB.pdf 1100 11000 Road Location Map.pdf 1100 Hwy 29 FLUM.pdf 4) REGULAR AGENDA a) Approve Planning and Zoning Commission Regular Meeting August 2, 2022 minutes. (D. Williams) PLANNING AND ZONING COMMISSION meeting minutes 8-2-2022 DW.pdf 5) FUTURE AGENDA ITEMS Items for a future agenda may be identified and scheduled. There can be no deliberation or action taken on these items. a) Discussion related to the future Parking and Landscaping ordinances. 6) DIRECTOR'S COMMENTS 7) ADJOURNMENT The City Council, Boards, and Commissions reserve the right to reconvene, recess, realign, change the order of business, or adjourn into Execu ve Session at any me during the course of the mee ng, prior to adjournment, to discuss any item listed above, as authorized by Texas Government Code Sec on §551.071 (Consulta on with A orney), §551.072 (Delibera ons about Real Property), §551.073 (Delibera ons about Gi s and Dona ons), §551.074 (Personnel Ma ers), §551.076 (Delibera ons about Security Devices), and §551.087 (Development). In compliance with the Americans with Disabili es Act, the City of Liberty Hill will provide reasonable accommoda on for persons a ending mee ngs. To be er serve you, requests need to be received 48 hours prior to the meeting. Contact the City Secretary at 512-778-5449 – Extension 125. 2 POSTING CERTIFICATION: I, ELAINE SIMPSON – CITY SECRETARY – CITY OF LIBERTY HILL certify that the attached notice of meeting was duly posted on the bulletin board at City Hall located at 926 Loop 332, Liberty Hill, Texas 78642 and on the City website (www.libertyhilltx.gov) on the ______ day of ____________________, 202_ at ______. Elaine Simpson – City Secretary. REMOVAL CERTIFICATION: I ELAINE SIMPSON – CITY SECRETARY – CITY OF LIBERTY HILL certify that the attached notice of meeting was removed from the bulletin board at City Hall located at 926 Loop 332, Liberty Hill, Texas 78642 on the ______ day of __________________, 202_ at _______. INITIALS _______ 3  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - SEPTEMBER 6, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.a A request for a Zone Map Amendment from the General Commercial / Retail (C3) zoning classification to the Multifamily Residential (MF1) zoning classification on the following property: Approximately 14.2037 ACRES OF A TOTAL 23.6864 ACRES OUT OF THE JOHN B. ROBINSON SURVEY, ABSTRACT NO. 521, A PART OF LAND CONVEYED TO LIBERTY HILLS CROSSING LLC, VIA DOCUMENT NO. 2022080440 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND IDENTIFIED AS ASSESSOR’S PARCELS R324650, R022852, AND R080969. THE PROPERTY IS ADDRESSED AS 1100 AND 11000 SH 29 W, LIBERTY HILL, TX 78642. 1.) City Staff introduction, staff report and staff recommendation. 2.) Conduct Public Hearing related to the proposed Ordinance. 3.) Consider taking action to forward a recommendation to the City Council regarding proposed Ordinance to apply permanent zoning designation. 4  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 a General Commercial/Retail (C3) classification to a Multifamily Residential (MF1) zoning classification on the following property: 14.2037 acres (618,730 square feet) of a total 23.6864 acres (1,031,779 square feet) out of the John B. Robinson Survey, Abstract No. 521, locally addressed as 1100 and 11000 Hwy 29 W, Liberty Hill, Williamson County, Texas and identified as Assessor’s Parcel Number R022852, R324650, R080969. Meeting: September 6, 2022 Staff: Lynn DeLorenzo, Planning Technician BACKGROUND INFORMATION: Current Zoning: General Commercial/Retail (C3) Proposed Zoning: Multifamily Residential (MF1) Surrounding Land Use and Zoning: North: General Commercial/Retail (C3) South: General Commercial/Retail (C3) East: Agricultural (A) and Light Industrial (LI) West: General Commercial/Retail (C3) Summary of Request This request, submitted by Sandy Brantley of Kirkman Engineering on behalf of Liberty Hills Crossing LLC, is to rezone approximately 14.2037 acres of a total 23.6864 acres out of the John B. Robinson Survey, Abstract No. 521, from a General Commercial/Retail (C3) classification to a Multifamily Residential (MF1) zoning classification. The purpose of the MF1 district is to provide for development of quality multiple-family living including two-family residences and higher density residences, such as triplexes, town homes, garden homes, condominiums, and 5 apartments in a moderately dense setting, at a density of 10 units per acre. This district is further intended to encourage efficient utilization of land, affordable housing opportunities, and open space preservation. Should this request be approved, the applicant intends to develop the property into a rental apartment complex. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The most recently adopted Comprehensive Plan for the City of Liberty Hill (adopted August 2014), states the overall strategy with respect to Commercial Uses is to reap the benefits of heavily traveled road corridors facilitating a variety of commercial possibilities will generate an increase in tax revenue. The property is designated as “Commercial” on the Future Land Use Map (FLUM) of the Comprehensive Plan as outlined in Section 3.7.1 Land Use Classifications. This area of SH 29 W has developed into a mostly commercial corridor with the associated zoning and uses. The applicant’s proposed multi-family residential zoning is compatible with the surrounding commercial uses, while retaining commercial use adjacent to SH 29 W. PUBLIC NOTIFICATION: Staff notified thirteen (13) surrounding property owners regarding this request. As of date of this staff report, zero (0) responses have been received in opposition or in favor of this request. All property owners notified are within the 200-foot notification boundary required by the State. RECOMMENDATIONS: The Planning and Zoning Commission may: • Recommend disapproval of the applicant’s request to rezone the property from a General Commercial/Retail (C3) classification to a Multifamily Residential (MF1) zoning classification zoning classification to the City Council. • Recommend approval of the applicant’s request to rezone the property from a General Commercial/Retail (C3) classification to a Multifamily Residential (MF1) zoning classification zoning classification to the City Council. Staff finds that the applicant’s request to rezone the property from a General Commercial/Retail (C3) classification to a Multifamily Residential (MF1) zoning classification zoning classification is compatible with the Comprehensive Plan, but not the FLUM. Due to the residential use to the north of the subject property and maintaining the Commercial/Retail use adjacent to West Hwy 29, staff feels that this parcel is suitable for rezoning to a Multifamily Residential (MF1) zoning classification. Staff recommends the rezoning of this parcel as proposed. 6 7  ELH LAND OWNER, LLC CALLED 37.135 ACRES HAYS CITY CORPORATION, DOC. NO. 2017117073, O.P.R.W.C.T. (DBA TEX-CON OIL) CALLED 2.3050 ACRES DOC. NO. 2021004287 O.P.R.W.C.T. MAGNA AUTO SALES, LLC CALLED 1.0 ACRES DOC. NO. 2014027412 O.P.R.W.C.T. JOE DUDLEY SUBDIVISION CAB. I, SLD. 189-190 PROPOSED ZONING: MF1 P.R.W.C.T. US HWY 183 14.2037 ACRES CALLED 10.68 ACRES CALLED 11.987 ACRES ("TRACT 1") ("TRACT 1") NEC 183 N29 LLC L5 ELDO COIT, LLC DOC.NO. 2021070498 DOC. NO. 2022017193 O.P.R.W.C.T. O.P.R.W.C.T. (R.O.W. VARIES) LOT 1 [B] LOT 2 [C] CALLED 1.0 ACRE ("TRACT 2") EXISTING ZONING: C3 9.4827 ACRES LEGEND S TA PROPERTY BOUNDARY (1 TE 00 H ZONE MF1 ' R IGH ZONE C3 .O W .W AY .) 2 9 OWNER/APPLICANT KONDA REDDY DWARSALA 3412 FLAT IRON CT ZONING LEANDER, TX 78641 PH: 412-760-7599 CONTACT: KONDAREDDY DWARSALA EXHIBIT 0 GRAPHIC SCALE 200 400 FEET SCALE: 1" = 200' 8 EXHIBIT “______” A John B. Robinson Survey, Abstract No. 521 Legal Description BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 9.4827 ACRES (413,066 SQUARE FEET) OUT OF THE JOHN B. ROBINSON SURVEY, ABSTRACT NO. 521, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF AND A PART OF A CALLED 10.68 ACRE TRACT, PO Box 90876 Austin, TX 78709 DESCRIBED AS TRACT 1, CONVEYED TO NEC 183 N29, LLC, 512.554.3371 RECORDED IN DOCUMENT NO. 2021070498 OF THE OFFICIAL PUBLIC jward@4wardls.com www.4wardls.com RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), BEING OUT OF AND A PART OF A CALLED 1.00 ACRE TRACT, DESCRIBED AS TRACT 2, CONVEYED TO NEC 183 N29, LLC, RECORDED IN DOCUMENT NO. 2021070498 (O.P.R.W.C.T.), AND BEING OUT OF AND A PART OF A CALLED 11.987 ACRE TRACT, DESCRIBED AS TRACT 1, CONVEYED TO L5 ELDO COIT, LLC, RECORDED IN DOCUMENT NO. 2022017193 (O.P.R.W.C.T.), SAID 9.4827 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a Mag nail with “Chaparral” washer found within a right-of-way transition from the north right-of-way line of State Highway 29 (100’ right-of-way) to the east right-of-way line of US Highway 183 (right-of-way varies), being the west corner of said 1.00 acre NEC 183 N29 tract, and being the southwest corner of Lot 2, Joe Dudley Subdivision, a subdivision recorded in Cabinet I, Slides 189-190 of the Plat Records of Williamson County, Texas (P.R.W.C.T.), said Lot 2, Joe Dudley Subdivision having been conveyed to 720 Lamar Place, L.C. in Document No. 2001011505 (O.P.R.W.C.T.), for the most westerly southwest corner and POINT OF BEGINNING hereof, from which a Mag nail with “Chaparral” washer found in the east right-of-way line of said US Highway 183, for the northwest corner of said Lot 2, Joe Dudley Subdivision, and for the southwest corner of Lot 1 of said Joe Dudley Subdivision, said Lot 1, Joe Dudley Subdivision having been conveyed to Charles D. Sawyer Properties, Inc. in Volume 2579, Page 100 of the Official Records of Williamson County, Texas (O.R.W.C.T.), bears, along a curve to the right, whose radius is 521.85 feet, whose arc length is 184.62 feet, and whose chord bears, N41°25’41”W, a distance of 183.66 feet; THENCE, leaving the north right-of-way line of said State Highway 29 and the east right-of-way line of said US Highway 183 of said right-of-way transition, in part with the northwest lines of said 1.00 acre NEC 183 N29 tract, in part with the west line of said 10.68 acre tract, in part with the south and east lines of said Lot 2, Joe Dudley Subdivision, and in part with the east line of said Lot 1, Joe Dudley Subdivision, the following four (4) courses and distances: 1) N69°06’40”E, a distance of 141.68 feet to a 1/2-inch iron rod found for an internal ell- corner hereof, said point being an internal ell-corner in the northwest line of said 1.00 acre NEC 183 N29 tract and being the southeast corner of said Lot 2, Joe Dudley Subdivision, 2) N18°16’06”W, a distance of 63.35 feet to a 1/2-inch iron rod with “Forest” cap found for an angle point hereof, said point being the common west corner of said 1.00 acre NEC 183 N29 tract and said 10.68 acre tract, 3) N18°14’22”W, a distance of 51.66 feet to a 1/2-inch iron rod with “Chaparral” cap found for an angle point hereof, said point being the common east corner of said Lot 1 and said Lot 2, of said Joe Dudley Subdivision, and 4) N18°19’31”W, a distance of 104.38 feet to a calculated point for the northwest corner hereof, said point being in the west line of said 10.68 acre tract, and being in the east line of said Lot 1, Joe Dudley Subdivision; P:\01421\Metes & Bounds & Certifications\01421 Com Tract MB.docx Page 1 of 3 9 THENCE, in part over and across said 10.68 acre tract, in part over and across said 1.00 acre NEC 183 N29 tract, and in part over and across said 11.987 acre tract, the following five (5) courses and distances: 1) S72°12’51”E, a distance of 424.12 feet to a calculated point for an internal ell-corner hereof, 2) N19°32’50”E, a distance of 182.78 feet to a calculated point for a point of curvature hereof, 3) Along a curve to the left, whose radius is 15.00 feet, whose arc length is 9.33 feet, and whose chord bears, N01°43’42”E, a distance of 9.18 feet to a calculated point for a point of tangency hereof, 4) N16°05’26”W, a distance of 143.27 feet to a calculated point for an external ell-corner hereof, and 5) N73°13’38”E, a distance of 278.31 feet to a calculated point for the northeast corner hereof, said point being in the east line of said 11.987 acre tract, being in the west line of Lot 5, Cimmaron Business Park, a subdivision recorded in Cabinet BB, Slide 110 (P.R.W.C.T.), said Lot 5 having been conveyed to Landview Properties, LLC in Document No. 2011019113 (O.P.R.W.C.T.), from which a 1/2-inch iron rod found in the east line of said 11.987 acre tract, for the northwest corner of said Lot 5, and for the southwest corner of Lot 6 of said Cimmaron Business Park, bears, N15°08’38”W, a distance of 168.45 feet; THENCE, with the east line of said 11.987 acre tract, in part with the west line of said Lot 5, and in part with the west lines of Lots 1 through 4 of said Cimmaron Business Park, S15°08’38”E, at 541.16 feet passing a 1/2-inch iron rod with “3DS Land Surveyors” cap found for the common west corner of said Lot 1 and said Lot 2 of said Cimmaron Business Park, continuing for a total distance of 917.17 feet to a 1/2- inch iron rod found for the southeast corner hereof, said point being in the north right-of-way line of said State Highway 29, being the southeast corner of said 11.987 acre tract, and being the southwest corner of a 10’ right-of-way dedication as dedicated in said Cimmaron Business Park, recorded in Slide BB, Cabinet 110; THENCE, with the north right-of-way line of said State Highway 29, in part with the south and west lines of said 11.987 acre tract, in part with the south line of said 10.68 acre tract, and in part with the southwest line of said 1.0 acre NED 183 N29 LLC tract, the following four (4) courses and distances: 1) N72°15’18”W, passing at a distance of 196.50 feet a 1/2-inch iron rod found for a point on line, and continuing for a total distance of 419.39 feet to a PK nail found in concrete for an angle point hereof, said point being an angle point in the north right- of-way line of said State Highway 29, and being the southwest corner of said 11.987 acre tract, 2) N08°57’39”W, a distance of 2.48 feet to a 1/2-inch iron rod found for an angle point hereof, said point being an angle point in the north right-of-way line of said State Highway 29, and being the southeast corner of said 10.68 acre tract, 3) N72°12’51”W, a distance of 415.90 feet to a 1/2-inch iron rod found for an angle point hereof, said point being in the common south corner of said 10.68 acre tract and said 1.0 acre NED 183 N29 LLC tract, and 4) N71°41’24”W, a distance of 36.01 feet to a TxDot Type I monument found for a point of curvature hereof, said point being the beginning of said right-of-way transition from the north right-of-way line of State Highway 29 to the east right-of-way line of US Highway 183; P:\01421\Metes & Bounds & Certifications\01421 Com Tract MB.docx Page 2 of 3 10 THENCE, with said right-of-way transition, along a curve to the right, whose radius is 532.00 feet, whose arc length is 188.16 feet, and whose chord bears, N61°56’24”W, a distance of 187.15 feet to the POINT OF BEGINNING and containing 9.4827 Acres (413,066 Square Feet) more or less. Notes: All bearings are based on the Texas State Plane Coordinate System, Grid North, Central Zone (4203); all distances were adjusted to surface using a combined scale factor of 1.000148094821. 6/7/2022 Jason Ward, RPLS #5811 4Ward Land Surveying, LLC P:\01421\Metes & Bounds & Certifications\01421 Com Tract MB.docx Page 3 of 3 11 EXHIBIT “______” B John B. Robinson Survey, Abstract No. 521 Legal Description BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 14.2037 ACRES (618,713 SQUARE FEET) OUT OF THE JOHN B. ROBINSON SURVEY, ABSTRACT NO. 521, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF AND A PART OF A CALLED 10.68 ACRE TRACT, PO Box 90876 Austin, TX 78709 DESCRIBED AS TRACT 1, CONVEYED TO NEC 183 N29, LLC, 512.554.3371 RECORDED IN DOCUMENT NO. 2021070498 OF THE OFFICIAL PUBLIC jward@4wardls.com www.4wardls.com RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), BEING OUT OF AND A PART OF A CALLED 1.00 ACRE TRACT, DESCRIBED AS TRACT 2, CONVEYED TO NEC 183 N29, LLC, RECORDED IN DOCUMENT NO. 2021070498 (O.P.R.W.C.T.), AND BEING OUT OF AND A PART OF A CALLED 11.987 ACRE TRACT, DESCRIBED AS TRACT 1, CONVEYED TO L5 ELDO COIT, LLC, RECORDED IN DOCUMENT NO. 2022017193 (O.P.R.W.C.T.), SAID 14.2037 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a Mag nail with “Chaparral” washer found at the beginning of a right-of-way transition from the north right-of-way line of State Highway 29 (100’ right-of-way) to the east right-of-way line of US Highway 183 (right-of-way varies), being the west corner of said 1.00 acre NEC 183 N29 tract, and being the southwest corner of Lot 2, Joe Dudley Subdivision, a subdivision recorded in Cabinet I, Slides 189-190 of the Plat Records of Williamson County, Texas (P.R.W.C.T.), said Lot 2 having been conveyed to 720 Lamar Place, L.C. in Document No. 2001011505 (O.P.R.W.C.T.), from which a Mag nail with “Chaparral” washer found in the east right-of-way line of said US Highway 183, for the northwest corner of said Lot 2, and for the southwest corner of Lot 1 of said Joe Dudley Subdivision, said Lot 1 having been conveyed to Charles D. Sawyer Properties, Inc. in Volume 2579, Page 100 of the Official Records of Williamson County, Texas (O.R.W.C.T.), bears, along a curve to the right, whose radius is 521.85 feet, whose arc length is 184.62 feet, and whose chord bears, N41°25’41”W, a distance of 183.66 feet; THENCE, leaving the north right-of-way line of said State Highway 29 and the east right-of-way line of said US Highway 183 of said right-of-way transition, in part with the northwest lines of said 1.00 acre NEC 183 N29 tract, in part with the west line of said 10.68 acre tract, in part with the south and east lines of said Lot 2, and in part with the east line of said Lot 1, the following four (4) courses and distances: 1) N69°06’40”E, a distance of 141.68 feet to a 1/2-inch iron rod found, said point being an internal ell-corner in the northwest line of said 1.00 acre NEC 183 N29 tract and being the southeast corner of said Lot 2, 2) N18°16’06”W, a distance of 63.35 feet to a 1/2-inch iron rod with “Forest” cap found, said point being the common west corner of said 1.00 acre NEC 183 N29 tract and said 10.68 acre tract, 3) N18°14’22”W, a distance of 51.66 feet to a 1/2-inch iron rod with “Chaparral” cap found, said point being the common east corner of said Lot 1 and said Lot 2, and 4) N18°19’31”W, a distance of 104.38 feet to a calculated point for the southwest corner and POINT OF BEGINNING hereof, said point being in the west line of said 10.68 acre tract, and being in the east line of said Lot 1; THENCE, with the west line of said 10.68 acre tract, and the east line of said Lot 1, N18°19’31”W, a distance of 132.56 feet to a 1/2-inch iron rod found for an angle point hereof, said point being an angle point in the west line of said 10.68 acre tract, being the northeast corner of said Lot 1, and being the P:\01421\Metes & Bounds & Certifications\01421 MF Tract MB.docx Page 1 of 3 12 southeast corner of a called 1.00 acre tract conveyed to Magna Auto Sales, LLC in Document No. 2014027412 (O.P.R.W.C.T.), THENCE, with the west line of said 10.68 acre tract and the east line of said 1.00 acre Magna Auto Sales tract, N18°34’36”W, a distance of 186.10 feet to a 1/2-inch iron rod found for an angle point hereof, said point being an angle point in the west line of said 10.68 acre tract, being the northeast corner of said 1.00 acre Magna Auto Sales tract, and being the southeast corner of a called 2.3050 acre tract conveyed to Hays City Corporation, DBA Tex-Con Oil in Document No. 2021004287 (O.P.R.W.C.T.); THENCE, with the west line of said 10.68 acre tract and the east line of said 2.3050 acre tract, N18°11’15”W, a distance of 409.08 feet to a 1/2-inch iron rod with “KBGE” cap found for the northwest corner hereof, said point being the northwest corner of said 10.68 acre tract, being the northeast corner of said 2.3050 acre tract, and being in the south line of a called 37.135 acre tract conveyed to ELH Land Owner, LLC in Document No. 2017117073 (O.P.R.W.C.T.), from which a 1/2-inch iron rod with “Diamond Surveying” cap found in the east right-of-way line of said US Highway 183, for the common west corner of said 2.3050 acre tract and said 37.135 acre tract, bears, S69°33’42”W, a distance of 254.18 feet; THENCE, with the north line of said 10.68 acre tract and the south line of said 37.135 acre tract, N69°03’55”E, a distance of 378.92 feet to a 1/2-inch iron rod found for an angle point hereof, said point being the common north corner of said 10.68 acre tract and said 11.987 tract; THENCE, with the north line of said 11.987 acre tract and the south line of said 37.135 acre tract, the following two (2) courses and distances: 1) N68°57’42”E, a distance of 238.11 feet to a 1/2-inch iron rod found for an angle point hereof, and 2) N69°05’10”E, a distance of 165.74 feet to a 1/2-inch iron rod found for the northeast corner hereof, said point being the northeast corner of said 11.987 acre tract, and being the northwest corner of Lot 6, Cimmaron Business Park, a subdivision recorded in Cabinet BB, Slide 110 (P.R.W.C.T.), said Lot 6 having been conveyed to Landview Properties LLC in Document No. 2011078628 (O.P.R.W.C.T.), from which a 1/2-inch iron rod found for an angle point in the south line of said 37.135 acre tract, being an angle point in the north line of said Lot 6, bears, N68°50’54”E, a distance of 7.17 feet; THENCE, with the east line of said 11.987 acre tract, in part with the west line of said Lot 6, and in part with the west line of Lot 5, of said Cimmaron Business Park, said Lot 5 having been conveyed to Landview Properties, LLC in Document No. 2011019113 (O.P.R.W.C.T.), S15°08’38”E, passing at a distance of 557.84 feet a 1/2-inch iron rod found for the common west corner of said Lot 6 and said Lot 5, continuing for a total distance of 726.30 feet to a calculated point for the most easterly southeast corner hereof, said point being in the west line of said Lot 5; THENCE, in part over and across said 11.987 acre tract, in part over and across said 10.68 acre tract, and in part over and across said 1.00 acre NEC 183 N29 tract, the following five (5) courses and distances: 1) S73°13’38”W, a distance of 278.31 feet to a calculated point for an internal ell-corner hereof, 2) S16°05’26”E, a distance of 143.27 feet to a calculated point for a point of curvature hereof, 3) Along a curve to the right, whose radius is 15.00 feet, whose arc length is 9.33 feet, and whose chord bears S01°43’42”W, a distance of 9.18 feet to a calculated point for a point of tangency hereof, P:\01421\Metes & Bounds & Certifications\01421 MF Tract MB.docx Page 2 of 3 13  4) S19°32’50”W, a distance of 182.78 feet to a calculated point for an external ell- corner hereof, and 5) N72°12’51”W, a distance of 424.12 feet to the POINT OF BEGINNING and containing 14.2037 Acres (618,713 Square Feet) more or less. Notes: All bearings are based on the Texas State Plane Coordinate System, Grid North, Central Zone (4203); all distances were adjusted to surface using a combined scale factor of 1.000148094821. 6/7/2022 Jason Ward, RPLS #5811 4Ward Land Surveying, LLC P:\01421\Metes & Bounds & Certifications\01421 MF Tract MB.docx Page 3 of 3 14 15 16  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - SEPTEMBER 6, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.a Approve Planning and Zoning Commission Regular Meeting August 2, 2022 minutes. (D. Williams) 17  PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES August 2, 2022 @ 6:30 PM 2801 Ranch RD 1869 Liberty Hill, Texas 78642 Commissioners: Diane Williams Jon Mathiasen Bryan Rivera Absent: Chair Steve Messana Vice Chair Chad Cormack City Staff: Marianella Joseph, City Attorney Jerry Millard, Interim Director of Planning Lynn DeLorenzo, Planning Assistant Elaine Simpson, City Secretary 1. CALL TO ORDER a) The Planning and Zoning Commission meeting was called to order by Secretary Diane Williams at 6:31 PM on Tuesday, August 2, 2022, at 2801 Ranch Road 1869, Liberty Hill, Texas. Quorum was established. 2. PUBLIC COMMENTS Public Comments are welcome. You may submit Public Comments in person, or you may submit to the City Secretary at esimpson@libertyhilltx.gov before 3:00 PM the day of the meeting. There were no Public Comments. Planning & Zoning Commission Meeting minutes 1 August 2, 2022 18  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 request for an ordinance to amend Sections 6.13 (Outdoor Lighting) of the Code of Ordinances for the City of Liberty Hill (Unified Development Code) to establish regulations to be considered for Dark Sky recognition. a. Introduction and Staff Report Interim Planning Director Jerry Millard introduced the item and presented the staff report highlighting that the ordinance is to establish regulations for outdoor lighting that would possibly allow the City to become Dark Sky certified. These changes would be amended to Section 6.13 – Outdoor Lighting. Staff recommended recommending approval of the Unified Development Code (UDC) Text Amendment to City Council. PUBLIC NOTIFICATION: According to Table 3-3: Summary of Required Notice, under Section 3.06.01 of the UDC, notice for Unified Development Code Text Amendment is required to be posted. A public hearing on this code amendment will be held on August 2, 2022, at the regular scheduled Planning and Zoning Commission and at a future City Council meeting. b. Hold Public Hearing related to ordinance amendment Secretary Williams opened the Public Hearing at 6:38 PM. There were no comments. Secretary Williams closed the Public Hearing at 6:39 PM. c. Possible recommendation on proposed ordinance to City Council The Commissioners discussed options for the City becoming ‘Officially’ a Dark Sky Community, or simply passing this type of Ordinance to require shielded lighting. Options for existing businesses regarding already existing signs were discussed. The potential for sign grants from the Economic Development Corporation sign grant program, in order to bring an old sign into full compliance., was also emphasized as being important. Mr. Millard explained that this revised Ordinance was changed from the initial draft with regards to being a change to the Building Code, to a proposal to change the UDC. Following a page-by-page review of the redlined version, the following updates were agreed upon: • #2 Enactment – reinsert the word “of” before “the City of Liberty Hill”. • Attachment A: o Section 6:13.01 (c) (2), insert the last sentence from SM3 comment “Voluntary compliance is strongly encouraged”; o Section 6.13.06 (a) (10), insert “shall be demonstrated to the City Administrator or designee”; o Section 6.13.06 (b) (1), delete reference to City Council approval and leave only as City Administrator; Planning & Zoning Commission Meeting minutes 2 August 2, 2022 19  o Section 6:13.06 (d) (3) and anywhere else in document, change reference from ‘Class ‘A’ misdemeanor to ‘Class ‘C’ misdemeanor’; o It was noted that globally, the document requires that the page numbers be corrected.; o All ‘file hyperlinks” should be removed from the document. Secretary Williams went over the Commissioner’s comments in previous meeting minutes and the Commissioners agreed these had been addressed. Motion by Secretary Williams, seconded by Commissioner Bryan Rivera, to forward a favorable recommendation on an ordinance to amend Sections 6.13 (Outdoor Lighting) of the Code of Ordinances for the City of Liberty Hill (Unified Development Code) to establish regulations to be considered for Dark Sky recognition, with modifications as discussed. Motion carried unanimously by a 3-0 vote. Ayes: Rivera, Mathiasen, Williams. Nays: None. Chair Messana and Vice Chair Cormack being absent. City Attorney Marianella Joseph took for action to update the proposed Ordinance with the changes as recommended tonight. 4) REGULAR AGENDA a) Approve Meeting minutes from Planning and Zoning Commission meeting of July 5, 2022. (D. Williams) There was no P&Z meeting held 7-19-2022. Motion by Commissioner Rivera, seconded by Secretary Williams, to approve, as presented, the meeting minutes from the Planning and Zoning Regular Called meeting of July 5, 2022. Motion carried unanimously by a 3-0 vote. Ayes: Rivera, Mathiasen, Williams. Nays: None. Chair Messana and Vice Chair Cormack being absent. b) Discuss the creation of the Sexually Oriented Business regulations/Adult Oriented Business regulations Ordinance. Interim Planning Director Millard introduced this item, which was on the agenda for discussion only. The Commissioners determined by general consensus that the Ordinance would be proposed as ‘Sexually Oriented Businesses not ‘Adult Oriented Businesses’ based upon advice from City Attorney Joseph that it would better mirror the statutes. Mr. Millard noted that other ordinances may need to be amended accordingly. Commissioner Jon Mathiason expressed his concern that these could not be prohibited and City Attorney Joseph explained that these types of businesses can be restricted to certain zones and regulated, however, they could not be totally prohibited per the Constitution. Dallas and Harris Counties were highlighted as examples of regulations. Mr. Millard advised that, at this time, it was uncertain if this would go into the Building Code or the UDC. Following a page-by-page review and discussion, the following are the key points the Commissioners agreed should be addressed in a future amendment: Planning & Zoning Commission Meeting minutes 3 August 2, 2022 20  • Reconcile definitions with other ordinances; • Change Planning and Zoning Commission to Development Services regarding approval of license and determine if it should be the City Secretary to issue, or Development Services; • City Attorney Joseph took for action to research age limit for those wishing to apply for a permit for a Sexually Oriented Business to potentially change from 18 to 21; • Regarding license fee, Secretary Williams provided an example from Dallas and City Attorney Joseph advised that the fees could also be separated out more. It was agreed that the last sentence regarding ‘fee based on cost’ would be removed, and it was noted by the City Attorney that the fees would have to be considered reasonable. Mr. Millard advised that he would provide research of fees used by surrounding areas for this purpose; • #D, under License Suspension and any other reference, Planning and Zoning will be replaced; • City Attorney Joseph will review and revise #3 Appeal; • City Attorney Joseph will also check the legality of increasing the number of feet away from churches and schools to one thousand (1,000) feet; • Mr. Millard will research how to handle the signage; • Under 4. Enforcement, insert a new (B) to be worded like Harris County which requires these businesses to post educational information about human trafficking and include the national hotline, as suggested by Secretary Williams; • City Attorney Joseph will also research whether the fine can be increased from $2,000 to $4,000 for violations of the Ordinance; • City Attorney Joseph recommended that the Commissioners carefully review the exemptions to ensure 100% enforceable. The Commissioners also agreed, based on advice from City Attorney Joseph, that the application should be reviewed at the same time as the ordinance. City Attorney Joseph also cautioned to consider other aspects, like some businesses using a “bring your own beer (BYOB)” approach to bypass certain regulations, to ensure closure of any potential gaps. Mr. Millard advised that he would look into the possibly of customizing the application form used by the City of Killeen and include for the next Ordinance review. There was no formal action on this item, but Commissioners will consider it on a future agenda with many of the concerns from tonight addressed. c) Discussion and recommendation on the final action of the Summerlyn Duplex preliminary plat being 48.32-acre tract of land in the John B. Robinson survey, Abstract No. 521, Williamson County, Texas, being a portion of a called 54.49-acre tract of land as conveyed unto LIBERTY 183, LLC in document number 2021104809, of the official public records of Williamson County, Texas, and identified as assessor’s parcel numbers R432346, R505276, R505257, and R505255. In the interest of time and convenience, Secretary Williams adjusted the agenda to hear this item first. Interim Planning Director Jerry Millard introduced the item and presented the staff report. OWNER: LIBERTY 183, LLC AGENT: BGE, Inc. WILCO ID NO.: A 48.32-acre portion of R022828 ZONING: Extraterritorial Jurisdiction (ETJ) Discussion: The application under consideration was submitted on January 24, 2022. If approved, the final Planning & Zoning Commission Meeting minutes 4 August 2, 2022 21 plat will yield seven lots over 48.32-acres with one lot containing a 246-unit duplex rental development along with six lots reserved for future commercial development. This development will yield approximately 5,760 feet of privately maintained roadways. Background: This development is part of the Summerlyn Municipal Utility District (MUD) 13 as established in 2013. The project is entirely within the bounds of the City of Liberty Hill’s Extra Territorial Jurisdiction (ETJ). Water & Wastewater: Water service will be provided by the City of Georgetown and the wastewater service is to be provided by the City of Liberty Hill. Recommendation: Staff recommends that the Planning & Zoning Commission recommend approval of the Summerlyn Duplex Preliminary plat as it has met all the requirements of the Unified Development Code and applicable regulations. Motion by Commissioner Jon Mathiasen, seconded by Commissioner Rivera to approve, as requested, the Summerlyn Duplex preliminary plat being 48.32-acre tract of land in the John B. Robinson survey, Abstract No. 521, Williamson County, Texas, being a portion of a called 54.49-acre tract of land as conveyed unto LIBERTY 183, LLC in document number 2021104809, of the official public records of Williamson County, Texas, and identified as assessor’s parcel numbers R432346, R505276, R505257, and R505255. Motion carried unanimously by a 3-0 vote. Ayes: Rivera, Mathiasen, Williams. Nays: None. Chair Messana and Vice Chair Cormack being absent. 5) COMMISSIONER COMMENTS Secretary Williams expressed concerns that the Commissioners had not been kept updated on the Comprehensive Plan after being told in a previous month that the kick off would be starting within weeks. Mr. Millard advised that the staff is still organizing documents to give to the Consultant for review prior to the kick-off. Secretary Williams asked when the kick-off is now anticipated to take place and Mr. Millard advised in August 2022. Secretary Williams asked that the Commissioners be kept up -to-date on the status, even in the interim of meetings, as this is a very important initiative that the Commissioners should be kept informed of without having to ask each meeting. Secretary Williams noted that she appreciated that staff was busy but that it would be very helpful to start receiving updates, as was done by the previous Director, on items that were in progress, which included a timeline of when these items would be presented to the Commission. Secretary Williams commented on the City Facebook post on Liberty Hill University which incorrectly stated it was for ETJ residents (only) and didn’t include residents within the City limits. She suggested that social media campaigns be more careful on this wording as it can impact the ability to get engagements of all concerned parties during the Comprehensive Plan update. 6) DIRECTOR'S COMMENTS Interim Director Millard introduced Lynn DeLorenzo, the new Planning Assistant. Planning & Zoning Commission Meeting minutes 5 August 2, 2022 22 7) ADJOURNMENT On motion by Commissioner Rivera and seconded by Commissioner Mathiasen, the Planning and Zoning Commission meeting was adjourned at 8:12 PM. Motion passed on vote of 3 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 & Zoning Commission Meeting minutes 6 August 2, 2022 23  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - SEPTEMBER 6, 2022 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 5.a Discussion related to the future Parking and Landscaping ordinances. 24