Planning & Zoning Commission (P&Z)

PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WEDNESDAY - DECEMBER 20, 2023 - 5:00 PM Notice of AGENDA City Council Chamber, 2801 County Road 1869, Liberty Hill, TX 78642 1) Introduction / Call To Order 2) Public Comments Regarding items not on this agenda/Public Comments: Those desiring to speak on a topic not listed on the agenda, please complete a speaker form and present to the City Secretary before the meeting. Speakers will have three minutes each to speak, this time cannot be transferred or shared. Commissioners may not take action during this item and any responses will be limited to factual statements, recitation of existing policy, or request for the topic to be placed on a future agenda. Regarding topics listed as an agenda item/During specific agenda item: Commissioners request that speakers complete a speaker form, indicate which agenda item they are interested in speaking about, and submit form to the City Secretary before the agenda item is addressed. Speaker forms may be emailed to the City Secretary before the meeting at esimpson@libertyhilltx.gov. 3) Regular Agenda Items for Consideration a) Discussion, consideration and possible action on establishing joint action items and quarterly goals. (S. Messana & T. Stillwell) b) Presentation and discussion of Development Matrix. (S. Messana) 2023-R-034_Development Matrix.pdf c) Discussion and consideration for making a joint recommendation to the City Council regarding the possibility of providing incentives for potential annexations into the City of 1  Liberty Hill. (S. Messana, M. Poche' & T. Stillwell) Incentive to Annex into the City.pdf d) Update and discussion on the Uniform Development Code (UDC) rewrite including key findings in the Consultant's diagnostic report. (S. Messana) Zoning Diagnostic Summary Memo_final.pdf e) Discussion, consideration and possible action for appointing two LHEDC and two P & Z Board members to meet informally bi-monthly to share updates, activities and needs to be used as a pipeline for future agenda items. (S. Messana & T. Stillwell) f) Discussion regarding future shared Strategic Planning. (S. Messana & T. Stillwell) 4) Future Plans 5) 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. 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 _______ 2  PLANNING AND ZONING JOINT MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT BOARD OF DIRECTORS PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WEDNESDAY - DECEMBER 20, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.a Discussion, consideration and possible action on establishing joint action items and quarterly goals. (S. Messana & T. Stillwell) 3 PLANNING AND ZONING JOINT MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT BOARD OF DIRECTORS PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WEDNESDAY - DECEMBER 20, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.b Presentation and discussion of Development Matrix. (S. Messana) 4 5 6 7 8 9  PLANNING AND ZONING JOINT MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT BOARD OF DIRECTORS PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WEDNESDAY - DECEMBER 20, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.c Discussion and consideration for making a joint recommendation to the City Council regarding the possibility of providing incentives for potential annexations into the City of Liberty Hill. (S. Messana, M. Poche' & T. Stillwell) 10 12/23 Inquiry to Jeff Moore, EDC Attorney from Brown & Hofmeister. Can a Type B Corporation incentivize a company that is outside of the city limit and/or ETJ if they agree to voluntarily annex into the city? Yes. If they are outside the city limits, it is a “gray area” whether you need County Commissioner’s Court approval to undertake a project outside the city limits but within the ETJ. Clearly, if you are outside the city limits and ETJ, you need County Commissioner’s Court approval. But, when in the ETJ the statute is less than clear. I have attached that statute below. Given this, I lean towards getting Commissioner Court approval. It could simply be a resolution. But, yes, you can undertake a project outside the city limits pursuant to Section 501.159 of the Texas Local Government Code. Sec. 501.159. POWERS CONCERNING PROJECTS; JURISDICTION. (a) A corporation may acquire, by construction, devise, purchase, gift, lease, or otherwise, or any one or more of those methods and may construct, improve, maintain, equip, and furnish one or more projects undertaken by another corporation or located within this state, including within the coastal waters of this state, and within or partially within the limits of the authorizing unit of the corporation or within the limits of another unit, if the governing body of the other corporation or the unit requests the corporation to exercise its powers within that unit. (b) A corporation may recover the costs of an investment under Subsection (a) from a unit or another corporation under a contract with a limited or unlimited duration. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009. 11  PLANNING AND ZONING JOINT MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT BOARD OF DIRECTORS PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WEDNESDAY - DECEMBER 20, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.d Update and discussion on the Uniform Development Code (UDC) rewrite including key findings in the Consultant's diagnostic report. (S. Messana) 12 Liberty Hill Zoning Diagnostic Report 10/31/23 Liberty Hill Zoning Diagnostic Report Table of Contents Introduction Purpose of this Report Context for UDC Update Defining Terms – UDC A Growing City Requires a Responsive UDC Big Ideas Relationship to the Comprehensive Plan Input Informing Code Diagnosis UDC Update Approach Ensure a User-Friendly Format Align UDC with Community Vision Legally Robust City Council and P&Z Direction to Date UDC Diagnostic Overall Formatting Zoning Strategy Land Uses Review and Administrative Procedures Recent Legislative Impacts 1 13 Liberty Hill Zoning Diagnostic Report 10/31/23 Introduction Purpose of this Report This zoning diagnostic report has been drafted as the first step in implementing the City of Liberty Hill’s 2040 Comprehensive Plan. It identifies issues in the existing Unified Development Code (UDC) which do not align with the desired goals and outcomes the community has expressed through the plan. The evaluation of the existing UDC is based on consultant review of it and associated documents and manuals. It also incorporated numerous interviews with City staff, Emergency Services District (ESD) staff, County staff, elected and appointed officials, and numerous community stakeholders directly and indirectly involved in the building and development process. The need for updated development regulations was identified by City officials in 2022 and this need was made even more evident throughout the engagement for the Comprehensive Plan as the gap between community desires and existing regulations was highlighted. The Verdunity team worked with City staff to write “stop-gap” ordinances for a dozen different issues. Although this provided standards to mitigate immediate needs, it also highlighted the need for more thorough and integrated regulatory solutions. This report will highlight the deficiencies in the existing UDC, as well as start to identify optional solutions and areas that will be addressed in the proposed draft. The diagnostic report is intended to provide guidance for the UDC update process. 2 14 Liberty Hill Zoning Diagnostic Report 10/31/23 Context for UDC Update Defining Terms - UDC A UDC is a document that brings together regulations involved in the development process into one code document. These regulations often include zoning, land use, subdivision, development standards, and administrative procedures. Ideally, a UDC is more user-friendly than separate zoning and subdivision ordinances. By providing standards in one place, a UDC can avoid overlapping, inconsistent, or conflicting requirements. A Growing City Requires a Responsive UDC The City of Liberty Hill has witnessed a significant amount of growth. In the past 10 years, the population has increased, from 1,282 people in 2012 to 6,801 people in 2022. The population is projected to grow to nearly 16,000 people in 2028. The development regulations that shaped the city to date are leading to development outcomes that the community does not want to see continue. The existing UDC was adopted in 2009 and modestly updated in 2017. It is imperative that the updated development regulations help to shape additional new development in a way that is consistent with the Liberty Hill 2040 Comprehensive Plan, LHTX2040. Big Ideas Throughout the engagement process and review of the UDC, a few “big ideas” emerged. These are issues within the existing document that need to be addressed in the update: - Ensure that the document is more intuitive to use from a staff and applicant perspective; - Create more internal references within the document to make it simpler to use; - Clean up the typos from the previous rewrite process in 2017; - Fix formatting issues that limit “readability”; - Reorganize the subdivision chapter (chapter 5) to match a typical development process, and to improve usability; - Ease staff transition by only making structural changes where necessary; - Recently created supporting tools to the document (flow charts, applications, explanation sheets, etc.) are assets that can make the document user-friendly. These should be refreshed to correspond with the document following adoption in order to provide the most value to staff and applicants. Relationship to the Comprehensive Plan The existing UDC was last updated in December of 2017 to reflect recommendations from the Planning and Zoning Commission (P&Z) and the advisory committee in place at that time. 3 15 Liberty Hill Zoning Diagnostic Report 10/31/23 However, the 2017 update was not thorough and was not part of a greater comprehensive planning process. This UDC update is a natural continuation of LHTX2040. Zoning is the main tool communities use to implement their vision. By prioritizing this update as the first major implementation step of the 2040 Comprehensive Plan, the City has kicked off the effort to implement the community’s vision for the coming decades. The update is not about adding more plans or goals – this effort is focused on implementing the recommendations and actions already identified in Chapter 4 of the Plan. Months of community input have gone into crafting and refining the Plan, and the work of this update is to turn those aspirations into regulations. Incorporating further feedback on this report from City staff, P&Z/City Council, and community stakeholders, the Verdunity team will create a draft UDC to start the review process in early 2024. We recognize that an update of the UDC will not immediately achieve the vison provided for in the Plan, but it will lay the groundwork for those changes to occur overtime, in an incremental manner. Input Informing Code Diagnosis Input into issues and proposed changes to the UDC have been a continual process as much of the input for the Comprehensive Plan has naturally informed the UDC. In addition to this continuous public feedback, there have been ongoing discussions with City staff and ad hoc meetings with P&Z Chair Steve Messana and Secretary Diane Williams that have been informative. UDC Stakeholder Meetings On October 11th and 12th of 2023, a series of stakeholder meetings were held with people identified by City staff as key people involved in the use and administration of the UDC. During the stakeholder interviews the following questions were generally discussed with each group: - What is your typical interaction with the existing UDC? - What are general observations about the existing UDC? - What are specific concerns you have seen in the use/ administration of the UDC? - Are there any issues with contradictions/ confusion/ usability you have noticed in the existing UDC? - What regulations within the UDC are not in alignment with the community’s vision? - Are there examples in other cities you have worked or done business in that may be relevant for consideration? The attendance for each meeting and key takeaways are below: 4 16 Liberty Hill Zoning Diagnostic Report 10/31/23 City/ County / ESD Development Review: Curtis Steger Steger Bizzell Attended Michael Dickens ESD #4 (Liberty Hill Fire) Attended Discussion by call at a Elias Carrasco Building Official (City) later date Key Takeaways: - Curtis Steger is the contracted city engineer who works on site plan review for the City. - Michael Dickens is the primary reviewer for fire safety issues. - Both Steger and Dickens commented that, overall, the City has a fairly efficient system. An applicant does have to submit plans to both the City and ESD. However, on the City application, City staff disperses to all relevant reviewers (including the ESD) and all communication goes through the staff. This could possibly be more efficient by reducing to just a single submittal rather than having a separate ESD process. - In a discussion about gaps in the existing code, Steger gave an example that there is a gap in the required street type in the Round Rock street section requirements for the category of 6000 - 8000 trips per day; this can result in requiring oversized streets. - In discussion about right-sizing street standards, Dickens mentioned that per Appendix D of the Fire Code, 18’ of clearance is needed to deploy truck outriggers. Also, there is ambiguity about painting curbs as fire lanes for streets less than 32’ feet in curb-to-curb width. - With deep front required setbacks for residential lots, it is more difficult to reach the roof line, requiring a fire truck aerial ladder. Reducing front setbacks could make fighting fires much simpler while simultaneously allowing for narrower, more people-friendly streets and increase safety in neighborhoods. - Mountable curbs might be a solution to mitigate narrower street width within neighborhoods. - City applications need to update their checklists to mention fire review requirements. - In discussion about common complaints from applicants, it was mentioned that there was often confusion on tree ordnance and the landscaping ordinance, due to the complexity of how those are worded. Planning & Zoning Commission (P&Z) Representatives: 5 17 Liberty Hill Zoning Diagnostic Report 10/31/23 Steve Messana P&Z Attended Diane Williams P&Z Attended Key Takeaways: - When asked about the sections of the existing UDC with the most glaring issues, Messana and Williams advised that the sign ordinance (updated in 2019) is missing tables and definitions. Williams has fixed many of the issues in the last update. However, there is still a need to clarify what materials are allowed for signs. They would also like to see clarity about booster signs. - There are references to a building commission that does not exist in Liberty Hill. - Williams and Messana conveyed that, since there are so many challenges in the existing UDC, they would like to avoid having a redlined version of the current product and instead work on a new draft. - The P&Z’s annual work plan and an accompanying presentation summarizes priorities and work completed to date. City staff will be providing this to the consultant for reference. - The UDC needs to reflect changes in state legislation as it applies to Cities: annexation, building design, ETJ, etc. - They would like the consultant to consider priority standards that are enforceable. These standards should be simplified so they are easier to enforce and more realistic given the limited staff resources. - The city is moving towards becoming a home rule city in the next election cycle. The UDC should consider and touch on the role of a Board of Adjustment. - There may be other items to consider in transitioning to home rule that could have impacts on the document. - The interlocal agreement with the county has not been updated, so they can only enforce 2008 regulations in the shared areas of city/county. This agreement needs to be updated but is outside the scope of this project. - The consultant will need to talk with staff to get more information on how Kimley-Horn is helping to update their administrative processes. - The incorporation of a variance process to TABC rules on distances for alcohol sales needs to be incorporated. 6 18 Liberty Hill Zoning Diagnostic Report 10/31/23 - The tree regulations need additional review. One loophole allows an owner to cut trees with no baseline tree survey. - Messana and Williams suggested perhaps the draft could be split into sections to divide amongst the P&Z for their review. - More graphics to convey the information and regulations clearly to the reader are recommended. Graphics would be most helpful in sign regulations, to convey dimensional standards, and to illustrate certain definitions of terms (ex: sight triangle). - Need to better define what requires the variance procedure as opposed to falling under parameters for administrative adjustments. - They would like to allow P&Z to have some modification authority. It is important to determine where processes can be handled by P&Z as opposed to requiring City Council involvement (however, need to consider where this is or is not legally permitted). - Messana and Williams suggested that the P&Z bylaws offer a better idea of their commission’s role. - There is concern of being sure the new regulations still accommodate the remodel of older buildings. City Council and Water Board Representatives: Chad Cormack P&Z and LH20 Committee Attended Chris Pezold City Council Did not attend Key Takeaways: - When updating the standards, it is important to consider water conservation in landscaping requirements. - While the drainage criteria manual is outside the scope of this UDC project, there was discussion about the need to update that document as well. It currently references Round Rock’s standards, and it may not be thorough enough to meet the needs of Liberty Hill. There is a need to be realistic about what is politically feasible, but the reality is that increased development will impact the floodplain and tributaries. Regional solutions for water quality and detention should be allowed for in the drainage criteria manual. - An initial analysis for regional ponds is on the city website and was prepared by Cormack. 7 19 Liberty Hill Zoning Diagnostic Report 10/31/23 - There is potentially the need for a stormwater utility fee. That is outside the scope of the UDC project but should be considered in the future by the City. - The zoning tables are confusing and there is concern about matching zoning up with land use (newly established through place types in LHTX2040). - The dark skies ordinance is confusing and could be simplified. - Graphics to convey dimensional standards and how to measure them would be useful. Private Development Representatives: John Teague (Local Engineer) Eckermann Engineering Attended Jon Branigan (Local Discussion by call at Dev/Realtor) Branigan Team/Copper Ridge a later date James Prince (builder) & Prince Development & Main Tambra Prince (business owner) Street Social Did not attend Key Takeaways: - Teague has utilized Planned Unit Development (PUD) zoning numerous times; in most cases, that tool was used because it was the only zoning category that would accommodate multifamily and commercial in a way that was more market viable. - Water availability is the primary impediment to development, not code issues. The availability of Georgetown water incents developers to develop outside the Liberty Hill city limits. - Improvements could be made to the UDC to clarify processes. Previous staff members did not seem to understand the UDC well, especially PUDs. Things were not well documented. It was likened to them feeling their way through the dark. Interpretations were not captured to ensure consistency. - Clarification of the standards is needed throughout the document. - City officials do not understand what level is appropriate for a PUD and how demanding too much detail at this stage of the development process can cause delays and other issues. Site plan level detail is not appropriate in a land use exercise. - Often the limits on parking are driven by impervious cover requirements, not the parking minimums. The parking section and landscaping section 8 20 Liberty Hill Zoning Diagnostic Report 10/31/23 are both difficult to understand and are more stringent compared to others in the region. - The UDC needs to express a collaborative attitude to work with developers and find mutually beneficial solutions. The code needs to emphasize intent rather than try to spell out every element in detail. This way, when details are not spelled out, the intent guides the process of creating solutions. That said, clear standards create trust. 9 21 Liberty Hill Zoning Diagnostic Report 10/31/23 UDC Update Approach Liberty Hill operates with a very lean staff, especially relative to the amount of new development applications there are to process. Therefore, it is important to provide a code that is efficient for city staff to administer, and straightforward for applicants to use and understand. This can be done by improving formatting and legibility of its content. In addition, the insertion of content to address needs without creating unnecessary, wholesale changes, to the content staff is familiar working with should be kept in mind. Ensure a User-Friendly Format City staff, applicants, consultants, and others who navigate the development process should be able to easily use the updated UDC document. There are few priorities that should lead this effort. First, formatting of the document must result in a document that is intuitive to the user. Second, the user should be able to follow what a typical development process within the confines of the UDC looks like. Third, the document must avoid legalese and jargon, and instead employ language that is universally understandable by the user. Utilizing tables, graphics and illustrations will help users understand the standards and review processes. The document should also be modernized to allow enhanced formatting - varying font size and indents by heading level - to make page navigation easier. Align UDC with Community Vision The updated UDC will seek to align regulations with the community vision. The restrictive and narrowly defined zoning strategy in the current code focuses on separation of uses; this does not allow for the types of rural preservation, paired with walkable mixed use development patterns, that the community has expressed their support for. The goal of the updated UDC is to ensure Liberty Hill grows into a quality community to live, work and play. Legally Robust Regulations must be fair and defensible for the development of land in the community. The UDC update should consider recent court rulings, and updates from recent legislative sessions that have had impacts on how local governments operate. City Council and P&Z Direction to Date To address immediate needs and holes in the existing regulations, City Council and City staff asked the Verdunity Team and the P&Z Commission to craft a number of “stop-gap” ordinances back in late 2022. These elements that were completed will be refined and integrated in the updated UDC, but currently stand alone as separate pieces. They have served the purpose of providing guidance where none previously existed, and also provided the opportunity to observe test cases to explore the type of development regulations appropriate for Liberty Hill. These “Stop Gap” ordinances include: - 2022-O-12.14-02_Street Design Standards - 2022-O-12.14-03_Recreation Vehicle Park Standards 10 22 Liberty Hill Zoning Diagnostic Report 10/31/23 - 2022-O-12.14-04_Off Street Parking and Loading - 2022-O-12.14-05_Landscaping Ordinance - 2022-O-12.14-06_Buffers and Fencing - 2023-O-004_Network Nodes and Transmission Towers - 2023-O-010_Accessory Dwelling Units - 2023-O-022 Sexually Oriented Business Ordinance - 22-O-03.02-02 - Sign Ordinance Modification - 22-O-08.10-001 Outdoor Lighting aka Dark Skies Ordinance - 22-O-11.09-04_Parkland Dedication - Parkland Banking - 23-O-016 Amending UDC-Traffic Impact Analysis TIA Threshold Requirement - 22-O-04.06-01_Tree Ordinance - 22-O-04.27-01_Parkland Dedication - 22-O-05.25-01 Zoning - Game Rooms 11 23 Liberty Hill Zoning Diagnostic Report 10/31/23 UDC Diagnostic Overall Formatting Ease of Use The typical applicant or administrator of the UDC needs to easily find and/or cross reference information within the UDC. The existing UDC is disjointed, especially with the “stop-gap” ordinances not being incorporated into the overall package. It also does not follow the flow a typical development process would, making it difficult for applicants to discern what applies to their projects. The UDC should be in a readable, user-friendly format. By reordering chapters and updating formatting with color and informative subheadings, the usability of the document can be improved. Where feasible, text should be replaced with bullet points or graphics that make it easy to skim. Graphics can help improve comprehension and reduce the need for excessive explanation. Administration In the stakeholder interviews, several individuals mentioned typos and errors. They also talked about the general difficulty of finding information. This is due not only to the age of the UDC, but also the piecemeal modifications made over the years. This leads to inefficiencies, inaccuracies, and difficulty in administering the code. There are opportunities to not just update content, but also clarify or reword language and substitute confusing wording with graphics to improve administration. Additionally, there are opportunities to provide intent language to guide administration. Finally, improvements to where and how much latitude staff has to make administrative approvals of standards should be made. There should be provisions to provide minor modification from requirements where it is appropriate and does not warrant the full variance process. Zoning Strategy The Zoning Map The existing zoning map does not align with the Future Land Use Map (FLUM) associated with the Comprehensive Plan and the Growth Sectors. In order to positively shape the future growth of Liberty Hill, there needs to be alignment with the placement of zoning districts and where growth is most appropriate. Zoning Alignment with Place Types The individual, single-use zoning districts do not reflect the community desires as summarized in LHTX2040. These districts need to be updated to reflect and better fit with the new place types and general planning best practices for small towns and fast- growing areas. The zoning districts are not meant to be one-to-one matches with place types but will need to fall within the context of a few of the place types. As a reminder, the place types are: - Rural 12 24 Liberty Hill Zoning Diagnostic Report 10/31/23 - Interconnected Neighborhood - Main Stret Central - New Urban Village - Boulevard Redevelopment - High Traffic Corridor - Modern Industry It will be necessary to create several new zoning categories, and modify others, to accommodate the desired types of development. However, to provide some preliminary guidance on how the existing zoning could be transitioned to be more in alignment with the place types, the following table shows how that could occur: This table shows how there could be a reduction in the overall number of zoning districts, as long as context sensitive criteria is expanded to guide development within each zoning district. These criteria would include more guidance on form, function, and character for buildings, parking, and landscaping. 13 25 Liberty Hill Zoning Diagnostic Report 10/31/23 Zoning District Assessment Single Family & Multifamily The majority of land area in Liberty Hill is zoned as single family residential. Conventional single-family zoning does have its place. However, the existing zoning does not accommodate missing middle housing types well. By relegating these to single use districts, it prevents opportunities for the more complete neighborhoods that are called for in the comprehensive plan. The existing multifamily zones limit density, and without other design standards, they lead to undesirable and isolated garden style multifamily developments rather than building types that are generally better designed and more walkable. If structured correctly, the UDC would begin to integrate multiple types of density and mitigate effects through design standards like building height and bulk transitions, usable open space, and design considerations for parking. Planned Unit Development (PUD) There seem to be a high number of PUDs relative to the size of the City. It is often the case that PUDs are used to mitigate for deficiencies in the development code rather than updating the code to address those specific issues. Based on stakeholder interviews, that seems to be what is taking place with PUDs in Liberty Hill. Specifically, this was shared about the use of a PUD to allow for mixed use development. The updated code needs to allow for more mixing of uses by right (meaning without the need for additional hearings and zoning changes). However, it is important to maintain PUDs as an option when even the updated base zoning is insufficient. Therefore, the base zoning and PUD standards need to be updated and clarified. There should be clarity on the appropriate level of detail required with PUD zoning, with site plan level detail provided later when that information is available. Additionally, there should be delegation to the City staff in order to make minor changes on approved PUDs, as long as the overall intent is maintained. Industrial The categories in the current ordinance reflect a wide array of many traditional industrial activities; there does need to be a distinction between those more intense traditional uses and modern industrial uses that have much more benign impacts. It was shared throughout the comprehensive plan process that it is important to update these standards to be in alignment with both modern industrial trends and Liberty Hill’s economic development goals. Rather than an entirely use-focused approach, the integration of performance standards can be utilized in conjunction with conditional approvals. Downtown The Liberty Hill Downtown Plan is currently being prepared. City staff should lead coordination between the Verdunity team and Halff team to ensure that any 14 26 Liberty Hill Zoning Diagnostic Report 10/31/23 relevant items from the Downtown Plan that would impact the UDC are passed along. Zoning Districts Purpose Statement for Each District Intent language should be expanded for each zoning district to be more descriptive of the desired development permitted in that district. Dimensional Standards for all Zoning Districts Changes will be required to the lot design standards to allow for more walkable development patterns. The dimensional standards for each zoning district (spacing, setbacks, lot dimensions, etc.) need to be standards that support the types of neighborhoods and corridors outlined in LHTX2040. Generally, there should be options for smaller lot sizes and tighter setbacks that result in higher fiscal performance for the community. The concept of “build-to lines” in lieu of traditional setbacks would ensure that buildings are closer to streets and to allow parking to be placed at the sides and rear of buildings, so they don’t become the primary visual focus or impression. The point behind a “build-to line” is that street frontage and building placement take priority, resulting in better places that are attractive, functional, and safe. 15 27 Liberty Hill Zoning Diagnostic Report 10/31/23 Land Uses Use Table The use table in the existing ordinance is fairly easy to comprehend and interpret. On a positive note, there is not an excess of unnecessary use categories; however, some cleanup is required in order to make mixing of uses something that is intuitive and allowable, without creating obstacles for applicants. Building Typologies One improvement that could pay large dividends and produce the types of integrated neighborhoods and corridors outlined in LHTX2040 would be to incorporate building typologies in addition to uses. The combination of these can ensure more predictable outcomes in the built environment, and the resulting impacts would be more positive and profitable for the community. The typologies recently adopted in Liberty Hill’s comprehensive plan are: Residential: - Single Family Detached - Accessory Dwelling Unit - Cottage Court - Townhouse - Small Plex - Apartments Mixed Use: - Live-Work 16 28 Liberty Hill Zoning Diagnostic Report 10/31/23 - Few Over - Many Over Non-Residential: - Neighborhood Scaled Commercial - Regional Scale Commercial - Industrial Performance Standards Performance standards manage uses based on their impacts rather than just their type, resulting in a more modern and realistic approach. The use table should be updated to allow for a broader set of uses that are compatible. The actual impacts of the use (noise, view, scale, etc.) can be anticipated, and limitations to mitigate them can be outlined in the UDC. For example, a small-scale commercial use may have limited hours and receive its deliveries by box truck, while a larger scale commercial use may have more extensive operating hours and receives deliveries by semi-truck, which can be more disruptive to the surrounding area. Managing the intensity of uses allows for a more appropriate mix of uses near residential, provided their impacts are managed. Housing Type Options During the recent planning and engagement process, housing affordability emerged as an increasing issue. The concern is that many residents do not have access to housing options to fit their income and needs. The plan outlines a wide range of housing unit types, many of which do not exist in Liberty Hill. However, they provide more revenue per acre to the city and more potential price points for a wide array of income levels and family types/sizes. The use of design standards, open space requirements, and compatibility requirements can help these various housing models work well together and feel cohesive. Review and Administrative Procedures Clarify the Development Process It is important for applicants to understand rezoning, site plans, appeals, and other development-related procedures. These procedures need to be clear and concise so every user can easily follow the path forward. Graphics (such as flowcharts or tables) that lay out the roles, responsibilities, and requirements for each process should be provided. Additionally, impacts of potential change to a home rule city (anticipated in the next election cycle) should be examined and incorporated; one example is the potential requirement for a separate board of adjustment. Tailor Zoning Upon Annexation When new land is annexed into the city limits, typically the land is placed in an agricultural zoning (also known as a holding zone). It is strongly recommended that these 17 29 Liberty Hill Zoning Diagnostic Report 10/31/23 tracts be rezoned in alignment with the FLUM at the time of annexation, to facilitate orderly and appropriate development. Increase “By Right” Development The updated UDC should seek to allow more administrative approvals, with less or no discretionary review by P&Z and Council, where appropriate. Cities typically require a certain level of education, experience, and credentials to be placed in key decision- making positions – therefore, decisions they are qualified to make might include interpretation of a term, a pre-defined minor adjustment to a numerical standard, or initial reviews. This keeps processes efficient and avoids penalizing applicants who propose something creative or different with long, tedious hearings and notifications that can bring inequity to application processes, and expensive, unpredictable waiting periods. To accomplish this, a UDC needs objective, measurable development standards that are congruent with community values. Recent Legislative Impacts The updated UDC needs to consider recent legislative changes that affect how cities can regulate development and growth. We recommend collaboration with the city’s attorney on these matters. Given the age and piecemeal approach to previous UDC updates, there may be state law from several years ago that needs to be considered. Some new legislation from the 2021 and 2023 legislative sessions that should be incorporated into this update include: HB 14 – Third Party Review HB 14 allows applicants to seek a third-party review or inspection if the City fails to act on an application or conduct an inspection within 15 days of a state-mandated deadline. This applies to all development documents, which include preliminary plans, final plats, site plans, certain license agreements, and building permits. If City staff conditionally approves or disapproves a development document or a third-party inspection, the applicant may appeal that decision to City Council. As such, it would be prudent for the UDC to provide clear criteria that apply to conditional approval or disapproval for any preliminary plans, final plats, or site plans that are required and addressed within its contents. One goal of this updating process is to create efficiencies so that the threat of third-party review due to delay is a non-issue. HB 3699 – Subdivision Plan and Plat Regulation HB 3699 amends state regulations for subdivisions. While most of its provisions relate to administrative processes, outside the scope of the UDC, it does clarify the standards applicable to subdivision approval. The UDC should be updated to be in conformance with the new subdivision criteria. HB 1381 Zoning Commission Hearing Requirement HB 1381 states that a city’s planning & zoning commission will no longer need to hold more than one hearing on a preliminary report for a proposed change in zoning 18 30 Liberty Hill Zoning Diagnostic Report 10/31/23 classification before submitting the report to the city council. The statute previously required at least two hearings before the report was submitted to council. This allows zoning changes within Liberty Hill to advance in a more efficient manner. The updated process should be reflected within the UDC where applicable. HB 1750 City Regulation of Agriculture Operations HB 1750 nominally expands Texas’s right to farm laws by limiting a city’s ability to impose zoning regulations on any agricultural operation within city limits. The bill places the onus on cities that seek to restrict agricultural operation. They must prove that it is necessary to impose zoning in order to protect the public from imminent danger. In order to prove this, a city must obtain a report from a city health officer or consultant. A manual being developed by Texas A&M AgriLife Extension Service and its definitions on generally accepted agricultural practices should be reflected in the UDC once it is made readily available. HB 2127 State Preemption of Municipal Regulation HB 2127 states that Texas cities and counties are unable to enact local ordinances, orders, or rules that that exceed, conflict with State law—unless expressly allowed by another statute. The wide-ranging bill impacts the following: - Agriculture Code - Business & Commerce Code - Finance Code - Insurance Code - Labor Code - Natural Resources Code - Property Code The law would ultimately have significant implications for ordinances dealing with topics from environmental conservation to housing policy. There is still much ambiguity on the law, and it is currently in litigation. Coordination should be maintained with the City’s attorney on any potential implications for the UDC. SB 929 Non-Conforming Use Notification SB 929 requires a city to provide written notice to both owners and renters containing certain information regarding any proposed zoning change that could result in the creation of a nonconforming use due to zoning text and classification changes. The bill also establishes the compensation that the owner or lessee of property with a nonconforming use is entitled to receive the nonconforming use is required to cease operation due to amortization. The bill also waives all governmental immunity for a city from an owner who seeks to enforce their rights under this law. As such, this legislation should be considered as the drafting process of the UDC moves forward. 19 31 Liberty Hill Zoning Diagnostic Report 10/31/23 HB 2439 Building Materials HB 2439 was passed in the 2021 legislative session and prohibits local municipalities from passing ordinances that prohibit the use of specific types of building materials. Any material that is approved by the national code is considered allowable in local municipalities. Liberty Hill's UDC should remove building material finish requirements to be in compliance with the state law. However, the code may introduce incentives to encourage the use of preferred, high quality building materials. Building materials are still permitted to be regulated as part of Planned Unit Developments and in designated historic areas. 20 32  PLANNING AND ZONING JOINT MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT BOARD OF DIRECTORS PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WEDNESDAY - DECEMBER 20, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.e Discussion, consideration and possible action for appointing two LHEDC and two P & Z Board members to meet informally bi-monthly to share updates, activities and needs to be used as a pipeline for future agenda items. (S. Messana & T. Stillwell) 33  PLANNING AND ZONING JOINT MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT BOARD OF DIRECTORS PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING WITH LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WEDNESDAY - DECEMBER 20, 2023 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.f Discussion regarding future shared Strategic Planning. (S. Messana & T. Stillwell) 34