[2:44] Okay, it is 5.30 and we will call planning and zoning commission to order. We will establish quorum, please.

[2:55] The invader.

[2:56] Carlin Keller.

[3:01] Leah Jenkins.

[3:03] Tam Anderson.

[3:04] And

[3:12] would you like to give the invocation?

[3:16] From the father, thank you for this opportunity to get together this evening. Thank you for the weather we received today. It's a great day.

[3:22] We pray to you. You got our decisions today that we make the best decisions in the interest of the citizens we serve.

[3:28] and that you allow us to do so with integrity, and yeah, do you send me a prayer? Amen.

[3:36] We'll do the prayer.

[3:42] In the United States of America.

[3:45] To the Republic, which stands, one nation, under God, indivisible, with liberty and justice for all.

[3:53] All of the texts fly.

[3:54] I pledge allegiance to thee, in fact, Texas, one state, under God.

[3:58] So

[4:11] do we have any public comments this evening?

[4:14] Okay, great.

[4:16] We are going to pull the public hearing.

[4:18] It's not prepared completely and we will be looking at that next month.

[4:26] We'll move on to item number four, the consent agenda,

[4:33] the four things on the consent agenda.

[4:35] The wishes, does anyone want to pull anything for further discussion from the consent agenda?

[4:41] I'll

[4:55] entertain a motion on the consent agenda.

[5:00] I'll second the motion.

[5:01] Oh, sorry.

[5:03] Sorry.

[5:05] I have motion to pass the consent agenda.

[5:07] Thank you.

[5:10] Now do you want a second?

[5:11] Now I'll second.

[5:12] This is why I don't talk.

[5:13] I write all in favor.

[5:17] All and then opposed.

[5:20] We'll move into the regular agenda.

[5:22] Presentation and discussion on zoning fundamentals,

[5:24] including the city's legal authority to regulate land use.

[5:28] how zoning districts work by right development, the rezoning process, and the planning and zoning commissions role in reviewing zoning cases.

[5:37] Kenzie?

[5:45] All right, thank you all, Madam Chair, commission.

[5:47] So this presentation, it's our third presentation on the informational series that we've done so far.

[5:52] We've done the comprehensive plan and annexation of this one zoning.

[5:55] So the purpose is ultimately to explain what zoning is, how we have illegal authorities to regulate land use,

[6:01] how development's regulated in the same limits,

[6:03] ECJ County, and to just help prepare

[6:06] all for any cases on my seat.

[6:13] Awesome.

[6:14] So what is zoning?

[6:16] Zoning is essentially the when use rules for a property.

[6:20] So compared to subdivision regulations,

[6:23] for example, zoning pertains to what you can do

[6:27] on that property, sorry, so for zoning, for instance,

[6:32] and you can have a commercial use,

[6:35] like a store, a residential use,

[6:37] via a single family home, industrial use,

[6:39] like a factory for instance.

[6:41] And really what zoning does is it says

[6:44] what can be here, where it can be located

[6:46] and how much of it in terms of like building height,

[6:50] building size, lot coverage, all those things,

[6:53] how those can be basically configured on a lot.

[6:57] And if there are certain activities that are allowed

[6:58] and we'll get to that with a conditional use section,

[7:01] but that's a part of the zoning regulations.

[7:04] And why this matters, why zoning is really a thing

[7:07] to begin with, it's really to keep conflicting uses

[7:09] separate.

[7:10] Most notably, the common example is you don't want

[7:13] residential uses next to industrial, for instance.

[7:16] You want to keep more intense uses away from less intense uses

[7:20] and to have buffer compatibility things between them.

[7:23] Excuse me.

[7:25] So the table on the right hand side is our zoning districts

[7:28] that are out of the lands.

[7:29] We have AG, so that's agricultural land, future growth areas.

[7:33] We have three single family residential districts for different densities, duplexable family,

[7:38] manufactured housing, commercial.

[7:41] We have three zoning districts for that as well, C2 being downtown, C3 general, C1 is neighborhood,

[7:46] retail, and then industrial, I have one, I have two, public and parks, so that's public

[7:52] is institutional uses like city-owned property, churches, places of worship, and then parks

[7:58] and then special district's PUD plan unit development and then OBOD designation is for our downtown overlay.

[8:08] So to kind of explain where we have authority in certain areas, so we only have zoning in the city limits.

[8:17] And what that means is we can only control land uses within our city limits.

[8:21] Our E2J comparatively, so the EastJs essentially a buffer along our city limit boundary

[8:29] it no longer really expands when you annex for instance, but in the ETAJ we only are able to

[8:34] regularly or only able to apply our subdivision regulations to applications. So with that

[8:39] would entail is really plat review, construction plans, you know looking at infrastructure utilities,

[8:44] things of that nature. In the ETAJ particularly as it pertains to Liberty Hill with our interlocal

[8:51] agreement with Williams and County we have a joint review process. So whenever a plat is submitted

[8:56] for instance the city and the county we provide joint reviews with our standards that we

[9:03] that we provide comments on and so the applicant will receive that will go through the process

[9:08] and it will go through the city as opposed to Commissioner's Court but with that being said outside

[9:13] of the ECJ when it's not in the city that is on a on a corporate county and so that is purely county

[9:19] section, we do not get involved all.

[9:23] Next slide, please. Thank you. So, how zoning districts work?

[9:28] So, East District has specific rules about the allowed uses. So, yeah, for instance, if it's

[9:33] residential commercial industrial, lot requirements, what's being minimum size, you know, lot with

[9:40] building standards. So, there's maximum heights in most cases. Setbacks, those vary by the land uses,

[9:48] for instance, there's a lot coverage for storm water mitigation, there's other

[9:52] requirements like parking landscaping, outdoor lighting, etc. And so the table

[9:56] that was provided in there was kind of just sort of a translation table so to

[10:01] speak of, you know, common questions that y'all may have and where that would be

[10:04] located in the EDC.

[10:07] So this slide is understanding bi-right development. This is a

[10:13] A common question that we get, understandably, from the community, whenever people see things

[10:23] being constructed in their community, they'll often wonder, why are we getting a chicken

[10:28] place, for instance, or are we getting the fifth chicken place, or why are we getting,

[10:32] you know, like this automotive use, or things like that.

[10:35] that really what this slide is intending to explain is that, you know, with state law

[10:42] and this is other states, not just Texas, but if a project, you know, if that use is permitted

[10:48] within that zoning district, it's allowed to be done.

[10:51] So that's really the purpose of what this is trying to explain.

[10:54] So I provided a citation where y'all can find this directly in the UDC.

[10:59] So we have what's called our use table and it'll go by particular land use and we'll describe is it permitted could it be

[11:07] conditionally permitted meaning that could they get a conditional use permit approved by the council.

[11:12] And then that use could be there or is it just prohibited, which means you would you can't do it or you have to rezone essentially.

[11:24] So how reasoning works for this slide, for the process that flow chart, we will be sending

[11:31] on updated one, that one was from June of this year, we've done a new one that will forward

[11:36] on to y'all that reflects our process, there's some tweaks that we've made.

[11:40] But ultimately, our process is about 45 to 60 days.

[11:45] The reason for that mostly is providing public notice.

[11:48] We have to issue a newspaper ad describing the public hearings.

[11:52] We also have to provide property owner notices.

[11:56] But ultimately, an applicant will submit.

[11:57] We will review it if it's just a straight land use, you know, say you're just going from

[12:06] commercial, you know, C-1 to C-2, for instance, that is a more straightforward process.

[12:12] If it's a planning and development, for instance, where there's an actual ordinance, and

[12:15] there's different standards being done, that may require more back and forth.

[12:20] The by and large process, they would submit, we would review, we would schedule it for meeting,

[12:24] provide all proper notice, bring it to planning and zoning commission first, or we all would

[12:27] then make a recommendation to the City Council to consider, and then the City Council would

[12:31] make a decision and pass up ordinance.

[12:33] So just a couple of things to touch on for a zoning case, and you all know this very well.

[12:39] You all have done some comprehensive plan amendments yourselves.

[12:42] You know, every rezoning request must align with a comprehensive plan.

[12:45] In our case with the city and our comprehensive plan, we have not just the future land use map,

[12:49] but we also have a growth sector's map.

[12:51] So in our case, specifically, we need to make sure that our growth sectors and flume are in place,

[12:57] and they're compatible with the proposed rezoning.

[13:01] The protest petition, that's just kind of, you know, a factoid free all of 20% of

[13:07] property owners within 200 feet of jacked, the council also have a super majority.

[13:11] So, three-fourths of them to vote for approval, and then in our code specifically, there's

[13:17] one year waiting period, so if an application is denied, they cannot submit a reason for another

[13:24] year.

[13:24] So some

[13:31] special rules, I say special, just a couple of things I wanted to touch on.

[13:38] So legal law and conforming is, and I use this term loosely, it's things that are considered

[13:45] grandfathered.

[13:47] They can, in other cases different, they can generally continue, but expansion and modification

[13:52] are typically limited on what can be done.

[13:56] but ultimately that use can continue and if there are any modifications for instance if there's not a permit pulled or something if something is modified or expanded that that use would no longer continue and they will lose that sound as potentially.

[14:09] And so, special districts, what we touched on earlier, planated developments.

[14:16] So that's a special district.

[14:18] In our code, the intent is to allow mixed uses, and that's typically what it is used for,

[14:25] but a planated development, it's an overlay that basically has certain standards that aren't

[14:31] found in the code that would essentially enhance a project.

[14:35] And so there's certain quote-unquote, you know, there's things that an applicant can request,

[14:41] you know, for instance, let's say they want, I don't know, a reduced lot with, you know,

[14:48] that that's different from what's currently our code, you know, for that, you know, other

[14:55] things could be enhanced, like, and these aren't equatable, but like a landscaping for instance,

[14:59] as they're there certain-

[15:00] I'm going to give and take. There's things that you can do in a pod that are tailored specifically to a development. And the downtown, really, I just wanted to note that for y'all, it is written on our code. We've had questions about that. And that's been there since 2005, but it was never actually adopted. So we are going to seek to fix that, maybe see rewrite, but that is something in our code. And then religious land uses. So just really mainly what I want to touch on is for places of worship in particular.

[15:29] they can be located at Netty's own district.

[15:32] So, in fact, if something comes forward to you all,

[15:35] and if, you know, if you all notice for instance,

[15:38] hey, they're in C3, they're not in,

[15:40] I, you know, the institutional loan district,

[15:43] they are allowed to do that by federal law.

[15:46] And then a couple of prohibited practices

[15:47] are spot zoning.

[15:49] So, that's singling out one property.

[15:52] The best example I can give, say there's a single-failing

[15:55] residential neighborhood, and then just surrounded

[15:58] and a sea of homes, and somebody's like, I want to be commercial, that would be spot learning,

[16:02] and that's really prohibited, and we don't do that.

[16:06] Then contract zoning, this one, it more so happens typically within agreements, but

[16:12] really it's an exchange of conditioning, zoning approval for other things.

[16:20] And so you don't do that contractually, and you should not do that contractually, and that's

[16:24] why it's legal.

[16:26] Next slide, please.

[16:28] So the Commission's role in zoning decisions, so the table to the left, it really just describes

[16:36] certain responsibilities, who that falls with, some overlap with the PMZ and Council,

[16:42] and then on the right-hand side, just a couple of footnotes, maybe for all to consider, should

[16:48] you choose to do in the future on how to evaluate a rezoning request?

[16:51] We always have staff reports in our recommendations, you know, asking us questions, we all can certainly

[16:56] do that.

[16:57] But a couple things.

[16:58] So if it aligns with, if the request aligns with the future land use map and gross

[17:03] interest map, does it fit with surrounding uses and development patterns, does the proposed

[17:07] own industry or conditional use make sense?

[17:10] And are there any concerns related to legitimate land use impacts?

[17:14] So those are pretty key.

[17:18] And yes, I believe those are the same.

[17:20] All right, so to wrap it up, so the first item we were trying to discuss zoning, it is

[17:28] the rulebook it creates legal rights and these rezoning decisions they can determine what

[17:33] eventually is allowed by right even if it's not today.

[17:37] And the PNZ Commission currently only reduced properties inside the city limits for zoning,

[17:41] because zoning is only in the city limits.

[17:43] And you all are also recommending body on annexation.

[17:46] There's no zoning that exists in the EGR County.

[17:49] following the comprehensive plan, re-zoning muscle line with our full human

[17:52] growth centers map and our plan goals in general. The commission's role when it

[17:56] comes to zoning is advisory. The commission makes recommendations on

[18:00] planning standards and council adopt assortances. Avoiding legal practice like

[18:04] spot zoning or contract zoning. We don't do that. Special protections like legal

[18:10] long-performing. Certain uses can be put in fathered and religious uses were

[18:14] protected? Sorry, all my voices. Do you have any questions? I'd be happy to answer.

[18:20] Thank you. I don't tell you it's good to hear. I know one of the things, I've said before

[18:26] one of the reasons that I got on the commission as I was one of those people saying, why are we

[18:30] getting another fill in the blank? And it makes sense when you think about Texas and land rights,

[18:38] you know, person purchases land as long as it's within the structure, we don't have the right to

[18:43] tell them we have enough of you and so I appreciate taking the time to I think

[18:48] that's the number one thing I see in here out in the community so any

[18:54] questions or comments I think my question is okay so it's we make the

[19:02] recommendation council approves it staff carries it out that's correct so what

[19:09] What happens so is staffs allowed to just override what the commission and the council

[19:17] have approved because I joined this council because I see that way too often.

[19:25] So staff are all as implement whatever is adopted by council.

[19:31] But staff is allowed to create variances without council or commissions.

[19:38] So if it's a plan unit development, you cannot vary from the PUD, you'd have to amend it.

[19:44] If it's a rezoning, you could do a variance for that zoning district, the new one, but

[19:48] that's how this process will be done for variances.

[19:51] So then when staff does create a variance, what is the path forward to reconcile that?

[19:58] For a zoning variance, it'd be through the zoning board adjustment, which we're still trying

[20:01] to form.

[20:01] But yeah, there's no answer. So I think I mean what I'm hearing is in those cases

[20:09] Probably we need to bring them to staff and then potentially even bring them back to commission if we're noticing them or

[20:14] What are the steps for variances can if we if we're concerned that

[20:20] the

[20:21] Required the whatever has been passed by commission and then by city council isn't being followed yes

[20:28] Yes, yeah, we reach out to, so it's a Robin or Brandon.

[20:32] Okay.

[20:33] Thank you.

[20:34] Thank you.

[20:34] I think it's maybe, oh, what was the actual process?

[20:37] So maybe not even zoning, but there's other ordinances, I think,

[20:39] that's what we're concerned about.

[20:43] So if there's supposed to be some ordinances or zoning,

[20:47] and it doesn't look like they're being executed as intended,

[20:49] what is actually the process?

[20:51] Do we just hear the commission we say, hey, this is an agenda item review?

[20:54] So if it's, and let me get, so if it's outside the scope of planning and zoning,

[20:58] then we are residents of the community and so then we handle those as

[21:03] residents. So in those cases they're reporting mechanisms online or in

[21:09] person you can come and sign up to talk with the commission I've done it or

[21:13] the city council I've done that a couple of different times on issues that I've

[21:16] had. So I think it depends on whether or not that item is a planning and zoning item

[21:21] or not. If it's planning and zoning then you go back to our liaison let them know

[21:26] So ask for it to be put on to the agenda.

[21:29] We look at the agenda about a week and a half before it goes up.

[21:34] And so we can take care of it that way.

[21:36] But if it's an item that is not planning and zoning related, then you deal with that as

[21:41] a citizen, which means, you know, those vehicles that are available for that.

[21:48] Do you want to add anything to that or?

[21:50] No.

[21:51] Okay.

[21:52] Yeah, so another question on the key takeaway item two is no zoning system today, but okay,

[21:58] so if it's getting annexed, I think less than you mentioned, the fault is ag.

[22:02] Yes, that's correct.

[22:03] Can it be annexed in a medley turn to another zone, or you have to, okay?

[22:08] Yeah, so and that is a common practice that we do.

[22:11] So what we would do is we would process an annexation request and a zoning request at the same

[22:15] time and we would put them on the same agenda.

[22:17] You would put annexation first, kind of like sequentially and then you would have the zoning item

[22:21] right after that. So it would be like, add for like five seconds in the

[22:24] maybe. Yeah, technically two steps, but they're at the same level.

[22:27] Right. Yes. We're going to be done after the fact, too. But that's

[22:30] normally how it's done.

[22:38] There are questions. I guess I'll do one more. So, I guess,

[22:41] I really, of course, a bit like, so we had this up. This is usual. So

[22:43] thanks for sharing. I do appreciate it. For what we have been seeing here,

[22:47] or at least I've been saying, what do you think are things that we just need

[22:51] to really keep an eye on?

[22:56] I really keep an eye on this thing.

[22:57] Right. I think,

[23:02] no, I understand, you know, if there is something that we see we will address in the staff report, we don't really shy away from that.

[23:12] We will make a recommendation of disapproval if we have to, if we can't come to consensus and I have to go to a meeting.

[23:17] But in general, kind of in the PNZ case, specifically, like I've seen things like

[23:25] spa zoning couple times, those are the only things I can think, you know, like

[23:28] gotchas that maybe you wouldn't expect but typically there's always that

[23:32] there's an issue, staff is going to notify you all via the staff report and let you

[23:35] know in advance. Okay, thank you. Any other questions?

[23:43] Okay, we'll move on to

[23:45] reports, receive the UDC re-write update report, McKinsey.

[23:59] Okay,

[24:03] thank you very much. So within the UDC re-write update report, there were just a couple

[24:07] things I want to touch on. So since our last meeting, we had the open house number

[24:11] one, the code roundup that was held on December 11th, that went really well. So thank you to

[24:16] all the commissioners and everyone that's watching, everyone that came out. It was really

[24:19] really great. Thank you for the input. For Module 1, we just want to update y'all that

[24:25] these metrics draft for Module 1 that was received by staff. We'll be having a UDC

[24:30] advisory committee meeting this month. Staffs also were doing that internally currently,

[24:34] so we do have that. So on January 29th, that will be our UDC advisory committee. Those

[24:41] are updates for this past month. So the UDC, the first part has been delivered. If

[24:48] If you're from my perspective, we're going to be meeting as McKinsey said at the end

[24:53] of the month.

[24:53] If you want to see what has been proposed, if you'll reach out to staff, and if you

[24:59] want to give input so that I can represent planning and zoning, again, you need to send that

[25:05] to McKinsey, and then we'll coordinate to get it to the advisory committee for our meeting

[25:11] on the 29th.

[25:13] please do not wait until the 28th to provide that input because I won't have enough time to

[25:20] read it in order to represent any input that you all have. Yes, if you all could reach out to me

[25:27] and CC Robert as well, we'll provide her contact information after the meeting, but if you all can do

[25:31] that, that'd be great. Thank you. Any questions or any comments related to the UDC?

[25:37] No, I have something. That's why you're here. Go ahead. Yeah, maybe this product last last

[25:42] last time, so I apologize if this is repetitive.

[25:44] The open house, is there any consolidated feedback

[25:47] from the residents on that?

[25:49] Yes, we had, sorry, I had to give a number

[25:52] in the report, it was about 40 something responses.

[25:55] So we have provided that to our consults

[25:58] and we have that information.

[26:00] Okay, so that the link that's on the.

[26:03] Yes.

[26:04] As an information, did you have anything

[26:06] that jumped out of you from like the planning?

[26:09] Um,

[26:12] um, it was, you know, a lot of the feedback, um, it was, there was a lot of traffic,

[26:18] a lot of water, kind of typical things that we would expect. There wasn't anything that

[26:21] was different that jumped out at me per se. Nothing new or surprising. Right. No one solved

[26:27] our water problem. No, not over. Not within the last month. No.

[26:33] I'll piggyback off that. Did you have anything maybe from a commercial side of things that

[26:37] And people were already unhappy with?

[26:40] Magna read the comment myself.

[26:42] Yeah, so there was one that I did expect that maybe like y'all may not know of.

[26:48] There's been some concern about our change of use requirements.

[26:52] Every city typically has these, but ours are.

[26:55] They are kind of a one-size-fits-all if you're doing a change of use.

[26:58] It isn't really helpful for infill.

[27:00] It kind of treats everything the same.

[27:03] You know, whether it be, you know, just a single family residential hometown town or something in another area

[27:08] So that is one of the things that we see to improve in the UDC, but that was brought up and that was it was a good point

[27:15] So that was the main thing that we heard there were some things about signage that weren't specific that those are the main things

[27:24] Okay, we'll move on to receive the projects in motion report

[27:33] She's not here

[27:38] So yeah, so we have four new projects.

[27:43] There's a resounding that will be coming to PNZ for the Cemetery Association on Brown Bridge.

[27:48] A conference of minimum and as well.

[27:51] And then we have a subdivision variance that staff is reviewing right now and then construction plan application.

[27:57] And then for our approved projects, we have three flats.

[28:01] And then four construction plans in the site plan that was conditionally through that we will be taking to council.

[28:06] So that will be on and up coming agenda there's some there's some correspondence being thought about an easement, but it will be on on an agenda soon.

[28:17] That's all we have.

[28:19] And there was a question that came in from a commissioner we didn't make it on and time for this agenda.

[28:26] We'll put it on to the next agenda so that it can be discussed since it didn't make it on to this agenda item.

[28:32] Okay, so I have a question on this, just for clarity, in past meetings, if we had a question

[28:38] about a specific item that just had an address, you advised us to put in an open records

[28:46] request, well then when I did that, I'm told there is no data.

[28:49] So how do we find out what the details are on a specific line item, or more?

[28:59] Do you know what type of application it was by chance?

[29:03] It was just an address and I literally copied from this exact thing to put into my request

[29:09] for the Open Records report and was told that there was nothing on that.

[29:16] Okay.

[29:18] If you could email me and I'll respond you separately.

[29:22] Okay.

[29:22] That's okay.

[29:23] All right.

[29:24] Thank you.

[29:24] Yeah. Okay. Anything else on reports in motion?

[29:32] Okay. Planning and development department

[29:35] comments.

[29:39] So there's only one but we have our new planning and development director Rob

[29:43] Amiga. Welcome. She started on Monday. We're very excited to have her. So welcome. I would

[29:48] also like to ask staff I understand that the City Council when they met the last regular

[29:56] meeting. There was a call for additional training for the...

[30:00] Councillor the commission. Could you tell us just a little bit about that, or is there someone here that can?

[30:17] Thank you.

[31:08] Thank you very much.

[31:13] And the other thing I have is, I believe it's about to be time for us to do our joint meeting with city council, and I want to make sure that we get that report and we're not kind of last minute. So what do we have a plan in place, or do you want to wait and cover that at our next meeting?

[31:31] Yes, I can write an update to you. I'll get with Robin on that and write an update to you.

[31:35] Okay, great. Thank you so much.

[31:40] Anything else?

[31:42] Okay, it is, keep looking over there and it's not there. It is 6 o'clock and we will adjourn.

[31:48] Oh,

[32:03] sorry

Planning and Zoning Commission

Agenda

Transcript