Planning & Zoning Commission (P&Z)

PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 21, 2023 - 6:30 PM Notice of AGENDA Council Chamber at Municipal Court - 2801 Ranch Road 1869, Liberty Hill, Texas Bryan Rivera Chad Cormack Steve Messana 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) 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 Consent Agenda and considered under Regular Agenda. a) Approve the Planning and Zoning Commission meeting minutes from 3-7-2023. P&Z Minutes 3.7.23.pdf 4) REGULAR AGENDA 1  a) Discussion regarding a request to amend Section 6.11.05 to the Unified Development Code (UDC) for the City of Liberty Hill to amend the threshold requirement for a Traffic Impact Analysis (TIA) and add regulations specific to Liberty Hill ISD development. The Commission and City Council will hold public hearings on this matter at a later date. TIA P&Z Staff Report.pdf 20230314_Liberty_Hill_Ordinance_Amendment_TIA_v2__002__redline.pdf 20230314_Liberty_Hill_Ordinance_Amendment_TIA_-_Clean__002_.pdf b) Receive an update and possible discussion of the Boards & Commission coordination meeting from Vice Chair Cormack. c) Discussion regarding the City Council approved Guiding Development Principles. (J. Millard) 2023-R-001_Development Guidelines (1).pdf d) Receive status update on the Comprehensive Plan and Unified Development Code rewrite being completed by Verdunity. Comp Plan Update.pdf e) Discussion regarding the 2023 Annual Work Plan. 2023 Annual Work Plan Status.pdf f) Discussion related to filling of Commission vacancies. 5) DIRECTOR OF PLANNING COMMENTS Directors comments to include updates to projects and future agenda item scheduling. There can be no deliberation or action taken on these items. 6) 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 - MARCH 21, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.a Approve the Planning and Zoning Commission meeting minutes from 3-7-2023. 4  PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES March 7, 2023, at 6:30 PM 2801 Ranch RD 1869 Liberty Hill, Texas 78642 Commissioners Present: Chair Steve Messana Secretary Diane Williams Jon Mathiasen Bryan Rivera Commissioners Absent: Vice-Chair Chad Cormack City Staff Present: Jerry Millard, Director of Planning Lynn DeLorenzo, Planning Technician 1) CALL TO ORDER The Planning and Zoning Commission meeting was called to order by Chair Steve Messana at 6:30 PM on Tuesday, March 7, at 2801 Ranch Road 1869, Liberty Hill, Texas. Quorum was established and all members were present, except for Vice-Chair Chad Cormack. 2) PUBLIC COMMENTS There were no public comments. 3) PUBLIC HEARING a) Discussion, consideration, and recommendation to City Council on a request for a variance of Section 6.03.01, Thresholds of Development Requiring Site Development Permit, pertaining to the requirement for a site plan for the construction or expansion of a building other than a single-family or duplex residential building, with a floor area expansion of more than one thousand (1,000) square feet or more on the following property: Block 29, Lots 1-8 Smith’s Addition to Liberty Hill, Williamson County, Texas; and identified as Assessor’s Parcel R315609. The requested variance is for a portion of the property addressed as 204 Young Street, Liberty Hill, Tx 78642. Planning & Zoning Commission Meeting minutes 1 March 7, 2023 5  City Council will hold a public hearing on this matter on March 22, 2023 at 6pm at 2801 Ranch Rd 1869, Liberty Hill, TX 78642. i.) Introduction and staff report. Director Jerry Millard presented the staff report advising the Commissioners that this is a variance to Section 6.03.01 and that the School District is remodeling and needs to have a temporary housing for 18+ Access Students. Director Millard further advised that there is a gap in our ordinance so it is not possible to do a conditional use and that the intent of stuff is to expand upon the ordinance in the future for the conditional use or special use permit. Director Millard highlighted and covered each of the Unified Development Code (UDC) conditions for a variance, also noting that conditions cannot be placed on the approval because it was a variance, but that this variance is for this instance only. Director Millard noted that, while there was no written response to the notice for surrounding properties, Mr. Scott was here to speak on the matter. Staff recommends approval of the variance. ii.) Hold a Public Hearing. Chair Messana opened the Public Hearing at 6:43PM. Ms. Sabra Scott, 107 Forrest Street, addressed the Commission, noting that they also owned property on Young Street. Ms. Scott advised the Commissioners that her and her husband fully support the zoning change but wanted to speak to the amount of traffic coming through Young Street, with the majority of it coming from the baseball fields and cages, which hinders their ability to get out of their driveway. Ms. Scott further expressed concern that some of the traffic drives onto their property in order to accommodate the 2-way flow on the narrow street and it poises a safety hazard for children. Mr. Daniel Scott further added the concern that the location of the building proposed might impact the baseball field parking, as well as concern for any expansion of the baseball fields. There were also discussions of the historical Limestone structure. Director Millard advised he would reach out to the Public Works Department to see what is there and to see if any road improvements can be done and have further discussions with Mr. Scott. Chair Messana closed the Public Hearing at 6:49PM. Planning & Zoning Commission Meeting minutes 2 March 7, 2023 6  iii.) Recommendation regarding requested variance. Chair Messana stated that the traffic is a problem and that there are cars off Loop 332 as well but was not certain on the specifics associated with this request for variance. Secretary Diane Williams stated that she could appreciate the traffic concern as she can see the traffic coming off Young Street from her home, however, was uncertain as well if the parking aspect would be adding to the traffic. Commissioner Jon Mathiasen expressed concerns and stated he believed that the School District should have to go through a site plan. Secretary Williams clarified that she believes that the traffic is more related to the baseball fields, not this program. Commissioner Bryan Rivera inquired if this program drops children off in front of the building. Director Millard advised that the School transports them. Chair Messana inquired if the School District put a portable building on the property in the past, if they did a site plan. Director Millard advised no, the School District had previously just moved the buildings around and were only required to do a site plan if there was an additional building added. Chair Messana asked if there was a site plan for this renovation. Director Millard advised that the renovations were not to the extent to necessitate a site plan. Chair Messana confirmed with Director Millard that if there was a site plan required now, it would only be for this portable building, summarizing that in essence, this variation was to waive the site plan requirement. Commissioner Mathiasen stated that everyone agrees that there is a traffic issue that necessitates a bigger look at this when the School District puts in a temporary building because temporary buildings can become permanent buildings. Director Millard reiterated that a condition cannot be placed on this variation but that he could get a letter from the School District stating that the building was temporary, if the Commission wanted it. Commissioner Mathiasen stated that he would like to see the request come back given the traffic issue and wants to ensure that the building is indeed temporary. Secretary Williams reiterated that she does not believe that the building is the cause of the traffic concerns. Director Millard advised that even if a site plan was required, the traffic volume was not significant enough to trigger a traffic impact analysis. Chair Messana clarified that this decision is about zoning at this time. Commissioner Mathiasen advised that he strongly objected. Motion: Secretary Williams moved, and Commissioner Rivera seconded, to approve the variance. Motion carried by a vote of 3-1. Ayes: Messana, Williams, and Rivera, and. Nays: Mathiasen. Abstentions: 0. Vice-Chair Cormack was absent. Planning & Zoning Commission Meeting minutes 3 March 7, 2023 7 b) Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from an Agricultural (A) classification to a General Light Industrial (I1) zoning classification on the following property: Being Lot 5, Barmor Inc., Section II, as shown in the public records of Williamson County, Texas; and identified as Assessor’s Parcels R484155. The property is addressed as 117 Jonathan Drive, Liberty Hill, Tx 78642. (J. Millard) City Council will hold a public hearing on this matter on March 22, 2023 at 6pm at 2801 Ranch Rd 1869, Liberty Hill, TX 78642. i.) Introduction and staff report. Director Millard addressed the Commission and presented the staff report, noting that this one is another cleanup action on this street, and while the City cannot enforce deed restrictions, there were deed restrictions on this property as it was the intent for this area to have commercial use. Director Millard noted that Mr. Jon Brannigan was present to represent the property owners and that the one concern received from a nearby property owner was the potential for a bar or tavern being placed on the properties if the zoning is changed. Director Millard stated that the current businesses will remain but wish to clean up the zoning to address the current legal non-conforming use. Director Millard stated that there are no trees on site, but if there were, any would fall under the tree ordinance and reviewed the various sections of the staff report. Director Millard advised that the Future Land Use Map states it will be Industrial and noted that staff had not received any responses from nearby property owners at the time the report was written. Staff recommends approval. ii.) Hold a Public Hearing. Chair Messana opened the Public Hearing at 7:09PM. Ms. Kelly Bell Schutter, 121 Independence Drive, addressed the Commission, stressing her concerns that if the zoning change is approved, that a bar, tavern, etc. would be allowed causing a noise issue. Ms. Schutter further noted all the traffic around the two streets creating a safety concern for her family. Ms. Schutter concluded that she noted that there were no plans for these establishments at this time but wanted to express her concern. Mr. Brannigan, property owner representative, stated that the property should not have been in agriculture in the beginning and if the zoning was not changed, it would Planning & Zoning Commission Meeting minutes 4 March 7, 2023 8  put restrictions on property owners if they cannot use it as intended. Chair Messana asked what the deed restrictions stated. Mr. Brannigan responded commercial. Chair Messana closed the Public Hearing at 7:14PM. iii.) Consideration of recommendation(s) Secretary Williams clarified that 1) it was her understanding that in the past, when property was brought into the City, it came in as agriculture and is later to be changed; 2) that even though it is stated that the existing businesses will remain, that a bar or tavern could indeed go in later if the zoning is changed, and 3) that the Future Land Use Map states it is planned for Industrial and Light Industrial was a better option than Industrial. Secretary Williams requested that staff put up the map to review the various properties on Jonathan Drive in relation to the ones on Independence Drive. Director Millard highlighted the various properties on the map on the screen. Director Millard reiterated his concerns if the Commission doesn’t recommend approval but civilly the use of it as agriculture has been disallowed, stressing again that currently right now, there is legally non-conforming use. Commissioner Mathiasen acknowledged concern but stressed that the City should not discriminate against the smaller communities. Secretary Williams pointed out that there is a business there now. Mr. Brannigan stated that his previous company built the house that Ms. Schutter lived in and they built it with those buyers being fully aware it was commercial. Commissioner Mathiasen argued the point. Motion: Chair Messana moved, and Commissioner Rivera seconded, to approve the request for a Zone Map Amendment from an Agricultural classification to a General Light Industrial zoning classification on Lot 5, Barmor Inc., Section II, as shown in the public records of Williamson County, Texas; identified as Assessor’s Parcels R484155 and addressed as 117 Jonathan Drive, Liberty Hill, Tx 78642. Motion carried by a vote of 3-1. Ayes: Messana, Williams, and Rivera. Nays: Mathiasen. Abstentions: 0. Vice-Chair Cormack was absent. c) Discussion, consideration, and recommendation to the City Council on a request for a Zone Map Amendment from an Agricultural (A) classification to a General Light Industrial (I1) zoning classification on the following property: Being Lot 6, Barmor Inc., Section II, as shown in the public records of Williamson County, Texas; and identified as Assessor’s Parcels R484156. The property is addressed as 121 Jonathan Drive, Liberty Hill, Tx 78642. (J. Millard) City Council will hold a public hearing on this matter on March 22, 2023 at 6pm at 2801 Ranch Rd 1869, Liberty Hill, TX 78642. Planning & Zoning Commission Meeting minutes 5 March 7, 2023 9  i.) Introduction and staff report. Director Millard presented the staff report, advising the Commission that this request was similar to the previous one, noting that there was one (1) opponent as listed on the previous property. Staff recommends approval. ii.) Hold a Public Hearing. Chair Messana opened the Public Hearing at 7:32PM. There were no public comments. Chair Messana closed the Public Hearing at 7:32PM. iii.) Consideration of recommendation(s) Motion: Secretary Williams moved, and Commissioner Rivera seconded, to approve the request for a Zone Map Amendment from an Agricultural classification to a General Light Industrial zoning classification on Lot 6, Barmor Inc., Section II, as shown in the public records of Williamson County, Texas; identified as Assessor’s Parcels R484156 and addressed as 121 Jonathan Drive, Liberty Hill, Tx 78642.. Motion carried by a vote of 3-1. Ayes: Messana, Williams, and Rivera. Nays: Mathiasen. Abstentions: 0. Vice-Chair Cormack was absent. d) Discussion, consideration, and recommendation to the City Council on a request to amend Section 4.12, Accessory Uses and Table 4-2, to the Unified Development Code (UDC) for the City of Liberty Hill to create the requirements for Accessory Dwelling Units and add them to the use table. City Council will hold a public hearing on this matter on March 22, 2023 at 6pm at 2801 Ranch Rd 1869, Liberty Hill, TX 78642. i.) Introduction and staff report. Director Millard presented the staff report advising the Commission that this was a new ordinance due to another gap being discovered in the UDC which needs changed. Director Millard noted that, while there is a definition for an Accessory Dwelling Unit in the code, there is no allowance for it. Director Millard highlighted that he would like to change the information in the packet given the C2 zoning is a mix of residential and commercial, noting he wanted to change the use table to allow it to be conditional, versus disallowed, for C2. Planning & Zoning Commission Meeting minutes 6 March 7, 2023 10  Chair Messana requested clarification on the strike through text in the draft ordinance presented, asking if this was a strike through of text in an existing ordinance, or made by staff. Director Millard clarified. Secretary Williams expressed concern for the fees imposed as it seemed expensive to require the ones stated in 5b. Director Millard explained that it is intended to discourage them, or at least discourage as a rental. Director Millard stressed the new ordinance was also intended to ensure there were building code requirements, highlighting those presented in the staff report and draft ordinance. ii.) Hold a Public Hearing. Chair Messana opened the Public Hearing at 7:44PM. Mr. Scott mentioned the need for height relative to setbacks and if it was driven by the zoning ordinance, or could it also be sight line. Director Millard responded both. Chair Messana closed the Public Hearing at 7:46PM. iii.) Consideration of recommendation(s) Commissioner Mathiasen noted that he had been able to have an extra house in their neighborhood but the extra unit has to be contiguous, for example he has a breezeway connecting it to his home, and by doing it that way, it is hard to rent. Director Millard advised that it can be detached and he has seen, in some cities, that this approach is used as a work around. Secretary Williams again expressed her concern for the additional fees charged under 5b. Director Millard elaborated that this was intended to also help capture extra water and sewer use given the current concerns. Chair Messana inquired if the fees would be applied if an extra bedroom, for example, was added to the existing residence. Director Millard advised that it would not. Commissioner Mathiasen sought further clarifications. Secretary Williams inquired if this was considered one of the priorities from the current Consultant and Director Millard advised that it was not and staff was doing it to save money. Commissioner Mathiasen again requested clarification on what it considered separate for the purposes of the fees. Director Millard further clarified the requirements, elaborating on the various definitions of single family versus multi-family. Planning & Zoning Commission Meeting minutes 7 March 7, 2023 11  Motion: Secretary Williams moved, and Commissioner Rivera seconded, to approve the request to amend Section 4.12, Accessory Uses and Table 4-2, to the UDC for the City of Liberty Hill to create the requirements for Accessory Dwelling Units and add them to the use table, with the correction to the use table for conditional use in C2 as recommended by staff. Motion carried by a vote of 3-0, with 1 abstention. Ayes: Messana, Williams, and Rivera. Nays: 0. Abstentions: Mathiasen. Vice-Chair Cormack was absent. 4) 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 Consent Agenda and considered under Regular Agenda. a) Approve the Planning and Zoning Commission meeting minutes from 2-21-2023. Motion: Chair Messana moved, and Commissioner Rivera seconded, to approve the Consent Agenda. Motion carried unanimously by a vote of 4-0. Ayes: Messana, Williams, Rivera, and Mathiasen. Nays: 0. Abstentions: 0. Vice-Chair Cormack was absent. 5) REGULAR AGENDA a) Discussion related to the fees associated with signage located in the City limits and Extraterritorial Jurisdiction. This item is requested by Commissioner Mathiasen. Commissioner Mathiasen introduced the topic and opened the discussion, highlighting he did not recall the Commission requiring a fee, like for flag signs, and that this was brought to his attention when he and his wife were visiting some local businesses. Commissioner Mathiasen noted that some cities would not allow them, and some would allow. Here, someone mentioned they had to pay $50/month to have it, clarifying with Director Millard that this was the fee under the category of temporary signs in the fee schedule provided. Commissioner Mathiasen expressed concern that small communities that have special events are being charged this amount and why the ordinance couldn’t be specific to allow it for a specified timeframe without the fees. Commissioner Mathiasen further expressed concern that the focus of staff time was on minor things versus major things. Director Millard advised that permits are required for temporary signs and the Code Officer has to go out to see where it is going, and his time cost money, noting that it is a regulatory concern because of the view of the sign. There was extensive discussion on the sign ordinance relative to these types of signs. Concerns were noted that there was discussion of a temporary sign but the definition did not seem to fit, and that further clarifications and definitions might be warranted. Therefore, it was determined that this should be a future agenda item. Planning & Zoning Commission Meeting minutes 8 March 7, 2023 12 6) FUTURE AGENDA ITEMS Director Millard advised that he had no items for the future agenda at this time. Secretary Williams highlighted the need for the following agenda items: 1. Sign Ordinance amendment previously discussed. Chair Messana requested that one (1) of the Commissioners help with the drafting of any potential amendment. 2. Adult/Sexually Oriented Business Ordinance. Chair Messana requested that it be placed on the agenda for the meeting after next. 3. Bylaws amendment. It was noted that variances needed to be added and the workshop with Council scheduled. Chair Messana will also discuss with Paul Brandenburg, City Administrator. 4. Update on the Comprehensive Plan on a monthly basis. Director Millard indicated it would be put on the agenda for the 2nd meeting of each month. 5. Briefing from Vice-Chair Cormack on the coordination meetings with other Boards and Committees. 6. Guiding Development Principles (approved by Council). Director Millard will send out to all Commissioners via email and it will be placed on the agenda for any discussions. 7. Action Plan Status. Secretary Williams volunteered to prepare a tracking table and work with staff to update it on their progress on items. Commissioner Mathiasen expressed concern regarding the Comprehensive Plan, noting that he had not received any response from the comments he had sent in on the workshop. Director Millard advised that the 2nd trip of the Consultant would be in April. 7) ADJOURNMENT On motion by Chair Messana, and seconded by Commissioner Rivera, the Planning and Zoning Commission meeting was adjourned at 8:36PM. Motion passed on vote of 4 ayes, 0 nays. 0 Abstentions. Ayes: Messana, Williams, Rivera, and Mathiasen. Vice-Chair Cormack was absent. PASSED AND APPROVED by the Planning and Zoning of the City of Liberty Hill, Texas on __________________, 2023, on vote of ayes, nays, and abstentions. Steve Messana Chair City Secretary Planning & Zoning Commission Meeting minutes 9 March 7, 2023 13  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 21, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.a Discussion regarding a request to amend Section 6.11.05 to the Unified Development Code (UDC) for the City of Liberty Hill to amend the threshold requirement for a Traffic Impact Analysis (TIA) and add regulations specific to Liberty Hill ISD development. The Commission and City Council will hold public hearings on this matter at a later date. 14  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 to amend Section 6.11.05 to the Unified Development Code (UDC) for the City of Liberty Hill to amend the threshold requirement for a Traffic Impact Analysis (TIA). The Commission and City Council will hold a public hearing on this matter at a later date. Meeting: March 21, 2023 Staff: Jerry L. Millard, Jr., Director of Planning BACKGROUND INFORMATION: Summary of Request City Council has asked legal to review the threshold requirements for a TIA. The attached redline document and proposed ordinance is what was created by the City’s legal consultant to address the Council’s request to lower the trip generation threshold that triggers the TIA requirement and adding requirements specifically for the Liberty Hill Independent School District and any development they conduct. 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 at a later date once the proposed ordinance amendment is ready for the public hearings. RECOMMENDATIONS: The Planning and Zoning Commission may: 15  • Recommend disapproval of the request to amend Section 6.11.05. • Recommend changes the proposed changes of Section 6.11.05. • Recommend approval of the request to amend Section 6.11.05. Staff recommends recommending approval of the Unified Development Code Text Amendment to City Council with the exception of the language “development or combination of developments”. Staff feels that the requirements for a TIA should be based on a specific site and not a combination of sites. Staff suggests changing the wording to take into account abutting school projects where the combination of the projects would likely cross the TIA threshold trigger. Staffs opinion is that the current language may trigger a TIA for multiple school site projects that are not in close proximity to each other. 16  CITY OF LIBERTY HILL ORDINANCE NO. 23-O-________ AN ORDINANCE OF THE CITY OF LIBERTY HILL, TEXAS AMENDING THE CITY’S UNIFIED DEVELOPMENT CODE (UDC), CHAPTER 6, SITE DEVELOPMENT AND DESIGN STANDARDS, SECTION 6.11, ASSESSMENT AND IMPROVEMENT OF TRANSPORTATION NETWORK, ARTICLE 6.11.06 – TRAFFIC IMPACT ANALYSIS; AND PROVIDING FOR FINDINGS OF FACT; PROPER NOTICE AND HEARING; ENACTMENT; SEVERABILITY; CODIFICATION; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority to adopt an ordinance or regulation that is for the good of the government, peace, or order of the City and is necessary or proper for carrying out a power granted by law to the City of Liberty Hill (the “City”); and WHEREAS, the City has an interest in regulating the traffic within its jurisdictional area and has the obligation to provide for an adequate roadway network, with adequate capacity streets; and WHEREAS, the City has an interest in amending its ordinances as may be necessary to accommodate the continuing growth and development of the City and its jurisdictional area; and WHEREAS, the City’s ordinances require that development impacts are mitigated through contributions or improvements to existing and new roadways, and that new developments contribute their fair share of the costs of needed transportation improvements; and WHEREAS, Section 6.11.04 of the UDC provides that the requirement for assessment of and improvements to the transportation network applies to existing and future transportation networks associated with land development activities, within the City limits, and within the City’s extraterritorial jurisdiction; and WHEREAS, the Planning and Zoning Commission (Commission) met in a regular meeting on ______, 2023, and conducted a public hearing on this matter, after which the Commission recommended approval of the Unified Development Code Text Amendment to the City Council by a vote of _____; and WHEREAS, the City Council conducted a public hearing on ______, 2023 to consider the Commission’s recommendation as well as public comment. WHEREAS, the City Council of the City of Liberty Hill, Texas finds that it is necessary and proper for the good government, peace, and order of the City to amend this ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Liberty Hill, Texas: City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 1 17  1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. ENACTMENT Chapter 6, Article 6.11, Section 6.11.06 of the City of Liberty Hill Uniform Development Code is hereby amended to read in accordance with Attachment “A”, which is attached hereto and incorporated into this Ordinance for all intents and purposes. 3. SEVERABILITY Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. 4. CODIFICATION The City Secretary is hereby directed to record and publish the attached rules, regulations, and policies in the City’s Code of Ordinances. 5. EFFECTIVE DATE This Ordinance shall be effective immediately upon passage and publication of caption. 6. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that the public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, and Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & APPROVED this _______ day of ______________, 2023, by a vote of ____ (ayes) to ____ (nays) to _____ (abstentions) of the City Council of Liberty Hill, Texas. City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 2 18  CITY OF LIBERTY HILL Elizabeth Branigan, Mayor ATTEST: Elaine Simpson, City Secretary City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 3 19  ATTACHMENT A Section 6.00 Site Development and Design Standards Article 6.11 Assessment and Improvement of Transportation Network Section 6.11.05 – Threshold of Requirement The threshold requirement for a Traffic Impact Analysis (TIA) shall be a development or combination of developments, on a single lot or an adjacent lot, that would result in trip generation of more than an average of five-hundred one thousand (1,000500) trips per day based upon the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. If the proposed development does not exceed the threshold, a TIA waiver shall be noted on the TIA Determination Worksheet. If the TIA threshold is exceeded, the applicant shall be so advised on the TIA Determination Worksheet and referred to the City Administrator or his designee for consultation concerning the preparation of a TIA. If the development or combination of developments is related to the construction of new campus and or facilities, or the updating of existing facilities for the Liberty Hill Independent School District and the expected increase in student population is expected to be fifteen percent (15%) or more of the then-current student population on said campus or facility, it is assumed that the development will result in a trip generation on more than an average of five hundred (500) trips and a TIA is required. City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 4 20  CITY OF LIBERTY HILL ORDINANCE NO. 23-O-________ AN ORDINANCE OF THE CITY OF LIBERTY HILL, TEXAS AMENDING THE CITY’S UNIFIED DEVELOPMENT CODE (UDC), CHAPTER 6, SITE DEVELOPMENT AND DESIGN STANDARDS, SECTION 6.11, ASSESSMENT AND IMPROVEMENT OF TRANSPORTATION NETWORK, ARTICLE 6.11.06 – TRAFFIC IMPACT ANALYSIS; AND PROVIDING FOR FINDINGS OF FACT; PROPER NOTICE AND HEARING; ENACTMENT; SEVERABILITY; CODIFICATION; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority to adopt an ordinance or regulation that is for the good of the government, peace, or order of the City and is necessary or proper for carrying out a power granted by law to the City of Liberty Hill (the “City”); and WHEREAS, the City has an interest in regulating the traffic within its jurisdictional area and has the obligation to provide for an adequate roadway network, with adequate capacity streets; and WHEREAS, the City has an interest in amending its ordinances as may be necessary to accommodate the continuing growth and development of the City and its jurisdictional area; and WHEREAS, the City’s ordinances require that development impacts are mitigated through contributions or improvements to existing and new roadways, and that new developments contribute their fair share of the costs of needed transportation improvements; and WHEREAS, Section 6.11.04 of the UDC provides that the requirement for assessment of and improvements to the transportation network applies to existing and future transportation networks associated with land development activities, within the City limits, and within the City’s extraterritorial jurisdiction; and WHEREAS, the Planning and Zoning Commission (Commission) met in a regular meeting on ______, 2023, and conducted a public hearing on this matter, after which the Commission recommended approval of the Unified Development Code Text Amendment to the City Council by a vote of _____; and WHEREAS, the City Council conducted a public hearing on ______, 2023 to consider the Commission’s recommendation as well as public comment. WHEREAS, the City Council of the City of Liberty Hill, Texas finds that it is necessary and proper for the good government, peace, and order of the City to amend this ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Liberty Hill, Texas: City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 1 21  1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. ENACTMENT Chapter 6, Article 6.11, Section 6.11.06 of the City of Liberty Hill Uniform Development Code is hereby amended to read in accordance with Attachment “A”, which is attached hereto and incorporated into this Ordinance for all intents and purposes. 3. SEVERABILITY Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. 4. CODIFICATION The City Secretary is hereby directed to record and publish the attached rules, regulations, and policies in the City’s Code of Ordinances. 5. EFFECTIVE DATE This Ordinance shall be effective immediately upon passage and publication of caption. 6. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that the public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, and Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & APPROVED this _______ day of ______________, 2023, by a vote of ____ (ayes) to ____ (nays) to _____ (abstentions) of the City Council of Liberty Hill, Texas. City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 2 22  CITY OF LIBERTY HILL Elizabeth Branigan, Mayor ATTEST: Elaine Simpson, City Secretary City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 3 23  ATTACHMENT A Section 6.00 Site Development and Design Standards Article 6.11 Assessment and Improvement of Transportation Network Section 6.11.05 – Threshold of Requirement The threshold requirement for a Traffic Impact Analysis (TIA) shall be a development or combination of developments, on a single lot or an adjacent lot, that would result in trip generation of more than an average of five hundred (500) trips per day based upon the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. If the proposed development does not exceed the threshold, a TIA waiver shall be noted on the TIA Determination Worksheet. If the TIA threshold is exceeded, the applicant shall be so advised on the TIA Determination Worksheet and referred to the City Administrator or his designee for consultation concerning the preparation of a TIA. If the development or combination of developments is related to the construction of a new campus and or facility, or the updating of existing facilities for the Liberty Hill Independent School District, and the expected increase in student population is expected to be fifteen percent (15%) or more of the then-current student population on said campus or facility, it is assumed that the development will result in a trip generation on more than an average of five hundred (500) trips and a TIA is required. City of Liberty Hill – Traffic Impact Ordinance/Amendment Page | 4 24  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 21, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.b Receive an update and possible discussion of the Boards & Commission coordination meeting from Vice Chair Cormack. 25  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 21, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.c Discussion regarding the City Council approved Guiding Development Principles. (J. Millard) 26 27 28 29  PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 21, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.d Receive status update on the Comprehensive Plan and Unified Development Code rewrite being completed by Verdunity. 30 Comprehensive Plan Update • We have completed Phase 1, Assessment o Website created (LHTX2040.com) o Completed Survey #1, Vibrant Community Assessment. o Completed Trip #1 - September 2022, met with Planning & Zoning Commission and City Council. P&Z focused on decision-making, land use, development proposals, and related processes. CC focused on physical, economic, public, identity, and community. Met with citizens during soccer practice and City events. o Completed preliminary Land Use Fiscal Analysis o Completed Survey #2, values and principles. o Completed and published 2 videos.  Video #1, Jurisdiction and City Limits with 180 views.  Video #2, Fiscal Effects of Development with 63 views. o Posted 2 articles.  What is a comprehensive plan?  Why does a city need a comprehensive plan? • We are currently two months into Phase 2, Explore, will look into future growth, land use, and parks and open space. o Completed and published an additional video.  Video #3, Development Patterns with 19 views.  Video #4, Coming Soon o Posted results of surveys #1 and #2 o Completed preliminary Future Land Use Map and Growth Sectors Map o Posted 2 articles.  How is the Comprehensive Plan used in decision making?  What does implementation of the comprehensive plan look like? • Trip #2 coming April 17-19. 3 days of discussion regarding Growth & Future Land Use. o Land Use Fiscal Analysis with City staff o Joint P&Z - Council Workshop o 1 on 1 with applicable City departments o 2 community engagement times – come and go. o Planning Department meetings – Q&A • Staff meets virtually with Verdunity one or more times per month and correspond via emails regularly. • Trip #3 coming in May. 2 days of discussion regarding Growth & Future Land Use • Trip #4 coming in July. 1.5 days of discussion regarding Implementation. • Trip #5 coming in September. 2 days of discussion regarding Adoption (Comp. Plan). • Trip #6 coming in December. 2 days of discussion regarding Review Workshops (UDC). 31 • Trip #7 coming in February 2023. 2 days of discussion regarding Adoption (UDC). 32 PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 21, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.e Discussion regarding the 2023 Annual Work Plan. 33  Planning and Zoning Commission Annual Work Plan 2023 Goal/Action Item Responsibility Target Completion Date Status Complete and adopt the 2040 Consultant, Planning Director, Comp. Plan – September 2023 Planning Director to brief Comprehensive Plan Commissioners, Council, and UDC – February 2024 Commission at 2nd Meeting each other associated City Teams month. Commissioners to keep up-to- date with activities on https://lhtx2040.com/ 2nd Consultant Visit April 17-19 Promote and Implement the 2040 Comprehensive Plan and amendment to the Future Land Use Map (FLUM). Action Items include: • Social Media Video Communications Staff, Chair 2.2023 (Complete) Commissioners advised of Messana, Commissioner Rivera completion on 2.21.23. Share and promote surveys and All Commissioners Ongoing Continual videos with others. (Refer to https://lhtx2040.com/ City of Liberty Hill Facebook posts) 1|Page 34  Planning and Zoning Commission Annual Work Plan 2023 Goal/Action Item Responsibility Target Completion Date Status Continue improvements concerning communication with the other boards and commissions, as well as city staff, to facilitate better planning and collaboration across the city and avoid silos. Action Items include: Initiate a monthly update meeting Vice-Chair Cormack Ongoing Vice-Chair Cormack appointed to consisting of one (1) member from lead effort. each of the 1st Meeting held _________ boards/commissions/departments Commission Briefing scheduled for improved information on 3.21.23 exchange and provide a means to potentially trigger any joint sessions needed Participate in Liberty Hill Water Chair Messana and Vice-Chair Ongoing Appointment of representatives (LH20) Task Force. Cormack made on 1.17.23 Guiding Principles Briefing Planning Director 3.21.23 Director of Planning placed on Agenda for discission on 3.21.23. Joint Workshop with Council Planning Director/Chair Messana Pending Schedule pending for bylaws and regular periodic scheduling per previous discussions with Council. Continue improvements concerning communication with the other boards and commissions, as well as city staff, to facilitate better planning and 2|Page 35  Planning and Zoning Commission Annual Work Plan 2023 Goal/Action Item Responsibility Target Completion Date Status collaboration across the city and avoid silos. Action Items include: (cont.) Joint Meeting with EDC City Administrator There was an initial discussions on need with email by Chair on 2.22.23. Work with Planning staff on additional proactive/advance reporting and tools. Action Items include: Updated maps on website Planning Staff Commission advised that maps Director of Planning will send link online as of 1.3.23 to all Commissioners and advise when updated UDC Ordinances approved but yet Planning Staff 1st Quarter 2023 Complete to be codified placed online. Update and maintain planning Planning Technician Ongoing Improved website design. website 3|Page 36  Planning and Zoning Commission Annual Work Plan 2023 Goal/Action Item Responsibility Target Completion Date Status Update the Planning and Zoning Secretary Williams and March 2023 Initially reviewed on 1.17.23. Commission’s By-laws, including Commissioner Rivera Potential new responsibilities roles and responsibilities, with the discussed on 2.7.23. assistance of City Council Subsequently placed on-hold by City Administrator for Council approval of ordinance for all bylaws. Scheduled for review again on 4.4.23. Awaiting scheduling of joint workshop with Council Continue to make UDC updates to stop gap existing issues concurrent with UDC update Finalize Adult/Sexually Oriented Planning Staff For Agenda 4.4.23 With legal team Business Revise Board of Adjustment Planning Staff Previously recommended to ordinance Council. Council deferred it to workshop. Need to revise P&Z review role of variations. Postponed until the item can be workshopped by Council. Network Nodes Planning Staff with Consultant Recommended for approval by Passed by Council on 1.25.23. Commission on 1.17.23. Complete New Ordinance on Accessory Planning Staff To Council on 3.22.23 Recommended for approval on Dwelling Units 3.7.23. City Council to hear on 3.22.23 4|Page 37  Planning and Zoning Commission Annual Work Plan 2023 Goal/Action Item Responsibility Target Completion Date Status Update additional gap in Sign Planning Staff with assigned Chair Messana requested a Ordinance for “temporary signs” Commissioner Commissioner to assist on 3.7.23. Per Consultant note the previous sign ordinance was only stop gap so may be more? Additional changes to signs per Council discussions during previous approval related to concerns of Councilman Petzold Review of the UDC chapter by All Commissioners TBD Recommended by Planning chapter, after the City Secretary Director on 2.7.23 has completed the update of the uncodified ordinances Drainage Design Planning Staff (Consultant?) On Consultant List but not top 6. Heritage Preservation Planning Staff (Consultant?) On Consultant List but not top 6. Continue to make UDC updates to stop gap existing issues concurrent with UDC update (cont.) Downtown Regulations In coordination with Downtown Consultant to be chosen 4.12.23 Master Plan Architectural Site Design Planning Staff (Consultant?) On Consultant List but not top 6. Standards TABC Planning Staff (Consultant?) On Consultant List but not top 6. Short Term Rentals Planning Staff (Consultant?) On Consultant List but not top 6. Street Name Changes Planning Staff (Consultant?) On Consultant List but not top 6. Easement Abandonment Planning Staff (Consultant?) On Consultant List but not top 6. Right-of-Way Abandonment Planning Staff (Consultant?) On Consultant List but not top 6. Brewery/Distillery Planning Staff (Consultant?) Noted on Consultant List as stop gapped only 5|Page 38  Planning and Zoning Commission Annual Work Plan 2023 Goal/Action Item Responsibility Target Completion Date Status Outdoor Lighting Planning Staff (Consultant?) Noted by Consultant as passed but uncodified, with note that staff is working with Hill Country Alliance Parkland Planning Staff (Consultant?) Noted by Consultant as stop gapped Game Rooms Planning Staff (Consultant?) Noted by Consultant as stop gapped Homeless = LGC 244 Planning Staff (Consultant?) On Consultant List but not top 6. PUD Planning Staff (Consultant?) On Consultant List but not top 6. Tree Preservation Planning Staff (Consultant?) Noted by Consultant as passed but not codified. An issue was subsequently raised wherein the trees while still own before sell to Developer, and “can be done twice? Continue to make UDC updates to stop gap existing issues concurrent with UDC update (cont.) Legislative Changes Identified in previous Joint • 212 Subdivision plat and Workshop plan • 3000 Building Materials UDC 6.11.03 Planning and Zoning Planning Director Director of Planning was to talk Commission for TIA, CIP, and to Attorney on TIA and there are Mitigation Plans others mentioned with roles and bylaws in separate email Update Conditional Use or Special Planning Staff Noted by the Director of Use Permit of UDC to address the Planning on 2.21.23. variance for portable buildings 6|Page 39  Planning and Zoning Commission Annual Work Plan 2023 Goal/Action Item Responsibility Target Completion Date Status Chair Messana request of 2.21.23 for list of all potential variances that would come to Planning and Zoning still pending. Potential update to UDC and Final Agenda Item for discussion was Plat Application to not necessitate requested by Secretary Williams approval of preliminary plat prior on 2.21.23. to submission of final plat (or listing of potential exceptions to the rules for transparency) Other Gaps? Lack of enforceability in some current was noted in early Joint Workshop OTHER: Ongoing Projects Listed in 12/23 Joint Meeting Submittal of Dark Skies Application 7|Page 40 PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 21, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.f Discussion related to filling of Commission vacancies. 41