Minutes Planning and Zoning Commission January 22, 2014 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, January 22, 2014 at 5:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: ABSENT: STAFF: Chair Jean Schaake. Commissioners: Brian Bentley, Jim Strange, Devin Taylor, Thom Reece and Amber Briggle. Commissioner Frank Conner. Athenia Green, Brian Lockley, Aaron Leal, Earl Escobar, Ron Menguita, Michele Berry, Mike Bell, Nana Appiah, Darren Groth, Katia Boykin, Cindy Jackson and Julie Wyatt. WORK SESSION Schaake called the Work Session to order at 5:02 p.m. 1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. There was no clarification of agenda items. 2. Staff follow-up to Future Agenda Item request. Lockley stated this section is a follow-up to a request from Brian Bentley during the January 8, 2014 meeting. Lockley stated the 321 W. Hickory Street item request was placed in the back-up; the 221 N. Elm Street requested item was emailed to the Commissioners prior to this meeting. Lockley stated the applicant for 321 W. Hickory Street apartments has moved forward with their project and tapered their proposal. The adjustment keeps the proposal from being developed within the flood plain. Lockley informed the Commissioners to provide any feedback or questions to him in regards to these two items. 3. Receive a report and hold a discussion regarding overlay districts and Small Area Plans. (Katia Boykin) Lockley introduced Boykin. Boykin provided the differences and similarities in overlay districts and Small Area Plans (SAP). Boykin stated both are similar in function; they are a Planning Tool and offer enhancement and or protection. Their differences are: Overlay Districts are
prosecutable and are approved by ordinance. Small Area Plans are more comprehensive, guide development and are approved by resolution. There are seven (7) overlay districts listed in Chapter 7 of the Denton Development Code. Those districts are as follows: Denton Municipal Airport Overlay District, Fry Street Overlay District, Oak-Hickory Historic District, Bell Avenue Historic Conservation District, Unicorn Lake Overlay District, West Oak Area Historic District and Rayzor Ranch Overlay District. Boykin stated Restrictive Overlays are generally applied to a rezoning proposal; they limit the potential impacts and do not always enhance or protect structures or specific land. The City currently has 21 restrictive overlays. Boykin stated Small Area Plans usually target an area of the city, produces a complete vision and has a high-level of community involvement. They are typically developed in three forms: district plans, neighborhood plans and corridor studies. The City currently has four Small Area Plans: Fry Street Small Area Plan, Denia Neighborhood Small Area Plan, Denia Mobility Plan and the Downtown Implementation Plan. There is one Small Area Plan in progress which is the Bonnie Brae- Ector Street Small Area Plan. Boykin informed the Commissioners an updated staff backup was provided that has a few corrections. Briggle questioned the status of the downtown area; Boykin stated there isn t an overlay over the downtown area at this time. The Historic Landmark Commission (HLC) is in the process of developing one over the downtown area. Lockley added the HLC has developed a subcommittee and is working with City Council on the downtown area. Bentley stated Fry Street has an overlay district and an SAP. Bentley stated the overlay district has the power of the law; Boykin stated that is correct. Boykin stated the SAP and Fry Street have a vision, which was written before the Sterling Fry Street development. The overlay district has to be amended in order to work properly with the Sterling Fry Street development. Bentley stated the SAP doesn t have teeth ; Boykin stated correct, the overlay district contains the teeth to move the project forward. Briggle stated an ideal area for a SAP would be the Texas Woman s University (TWU) and Austin Street area. Briggle questioned how you would go about adding this area as an SAP. Boykin stated it can come about in a number of different ways; it could be initiated by staff, Commissions or the neighborhood. Boykin stated the TWU area is already being reviewed by the HLC. They are in the process of a Historic Resource Survey which has recently been completed. Schaake questioned the Bonnie Brae-Ector SAP progress; Boykin stated staff recently met with the Legal Department and will keep moving forward with the process and go before City Council. Schaake questioned if it would come before this Commission; Boykin stated that is correct. There was no further discussion Schaake called the Closed Meeting to order at 5:22 p.m. and adjourned at 6:33 p.m. 2
Following the completion of the Work Session, the Planning and Zoning Commission will convene in a Closed Meeting to consider specific items when these items are listed under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the Planning and Zoning Commission will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. 1. Closed Meeting: A. Consultation with Attorney Under Texas Government Code Section 551.071. 1. Receive a briefing from and consult with the City s attorneys regarding Item 4 on the Regular Meeting agenda of January 22, 2014, as it concerns legal associated with that item where a public discussion of this legal matter would conflict with the duty of the City s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Receive a briefing from and consult with the City s attorneys regarding Item 5.A. of the Regular Meeting agenda of January 22, 2014, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final action, decision, or vote is taken in the Closed Meeting in accordance with the provisions of 551.086 of the Texas Government Code (The Public Power Exception ). The Planning and Zoning Commission reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Tex. Gov t. Code, 551.001, et seq. (The Texas Open Meetings Act) on any item on its Open Meeting Agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting Items noted above, in accordance with the Texas Open Meetings Act, including, without limitation 551.071-551.086 of the Texas Open Meetings Act. REGULAR MEETING The Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was held on Wednesday, January 22, 2014 and began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: Schaake called the Regular Meeting to order at 6:47 p.m. 3
1. PLEDGE OF ALLEGIANCE: A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under God, one and indivisible." 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. January 8, 2014 Commissioner Brian Bentley motioned, Commissioner Jim Strange seconded to approve the minutes. Motion approved (6-0). 3. CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approvals and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: A. Preliminary Plat of Lot 1, Block A of the McKinney Street Substation Addition. The approximately 6.23 acre property is generally located on the south side of East McKinney Street, approximately 1,300 feet east of Mack Drive and 450 feet west of Springtree Street. The property is located within the Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning districts. (PP13-0016, DME McKinney Substation, Mike Bell) B. Final Plat of Lot 1, Block A of the Shelton Hickory Creek Addition. The approximately 2.01 acre property is generally located on the east side of Teasley Lane, approximately 850 feet south of Hickory Creek Road and 400 feet north of Montecito Drive in the S.A. Venters Survey, Abstract 1315, City of Denton, Denton County, Texas. The property is located within the Community Mixed Use General (CM-G) zoning district. (FP13-0020, Verus retail, Michele Berry) Commissioner Thom Reece motioned, Commissioner Devin Taylor seconded to approve Consent Agenda Items 3A through 3B. Motion approved (6-0). 4
4. CONSENT AGENDA: Staff recommends denial of the following items because they have not met the requirements of the Denton Development Code due to inactivity. Denial of the following Consent Agenda items includes staff recommendations and authorizes staff to take no further action on the subdivision plats. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: A. Development Plat of Brinker Landing. The property contains 3.46 acres and is generally located at the northeast corner of Brinker Road and I-35. (DVP10-0001, Ron Menguita) B. Final Plat of Muir Addition. The property contains 5.61 acres and is generally located west of State School Road, approximately 2,000 feet south of Unicorn Lake Boulevard. (FP07-0048, Ron Menguita) C. Final Plat of Westpark Addition, Phase 2. The property contains 5.92 acres and is generally located approximately 1,100 feet east of Western Boulevard, approximately 2,000 feet north of Airport Road. (FP11-0007, Ron Menguita) D. Preliminary Plat of Sun Power Plaza Addition. The property contains 10.5 acres and is generally located on the southwest corner of Barthold Road and I-35. (PP10-0003, Ron Menguita) E. Preliminary Plat of Westpark Addition, Phase 2. The property contains 5.92 acres and is generally located approximately 1,100 feet east of Western Boulevard, approximately 2,000 feet north of Airport Road. (PP11-0005, Ron Menguita) F. Preliminary Plat of Denton Airport. The property contains 654.49 acres and is generally located west of South Masch Branch Road and south and east of Tom Cole Road. (PP11-0011, Ron Menguita) Commissioner Devin Taylor motioned, Commissioner Thom Reece seconded to deny the Consent Agenda Items 4A through 4F. Motion Approved (6-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION: A. Consider approval of a six-month extension of the Preliminary Plat for Teasley Trails Addition (PP11-0002). The approximately 53.1-acre site is located on the west side of Teasley Lane (F.M. 2181), north of Ryan Road. The subject site is zoned both Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use 12 (NRMU-12). (PE13-0005, Teasley Trails, Cindy Jackson) Lockley introduced Jackson. Jackson stated this request is to consider the approval of a sixmonth extension of the preliminary plat. The final plat was approved by this Commission on July 20, 2011. A six-month extension was approved by this Commission on April 24, 2013. The applicant is working with the City on a Conditional Letter of Map Revision along with a final 5
plat and an environmentally sensitive area request. The applicant is also working on a traffic impact analysis and working with the Urban Forester on tree planting. Jackson stated Pursuant to Subchapter 35.16.11.E of the Denton Development Code: a preliminary plat shall become null and void 24 months from the date of approval by the Commission, unless a final plat is filed and approved for all or part of the preliminary plat. Jackson stated the Development Review Committee recommends approval of the six-month extension based on the following conditions: The plat shall comply with the requirements of Subchapter 22, Gas Well Drilling and Production regulations. Jackson stated the applicant is present for questions. Taylor referred to the proposed developments to the south of the subject site; Taylor questioned if that applicant has started the platting process. Jackson stated that applicant has a rezoning case coming before this Commission in February. Berry stated the applicant has not submitted for platting at this time. Paul McCracken, Kimley- Horn and Associates, 5750 Genesis Court Suite 200, Frisco, Texas McCracken stated he is in the final plat process and is on the second round of comments. Strange questioned McCracken on his thoughts with the condition added to the approval requirement; McCracken stated they aren t necessarily in favor of it; however, they will accept it. Taylor stated he has several concerns with this request; Taylor added he isn t in favor of multiple extensions. Taylor stated he is aware the applicant and owner have put a lot of work into this project. Taylor stated he feels this process and the adjoined property s plat would require a setback and would trigger a replat with this property. Taylor stated it would appear that process should be handled by both properties. Commissioner Thom Reece motioned, Commissioner Jim Strange seconded to approve this request based on staff s conditions. Motion approved (4-2). 6. PUBLIC HEARING: A. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning of approximately 54.25 acre tract of land: rezoning 30.6 acres from Neighborhood Residential Mixed Use (NRMU) with overlay conditions to a Neighborhood Residential 6 (NR-6) zoning district with overlay conditions and, amending overlay conditions on the remaining 23.6 acres of the site. The subject property is generally located at the northwest corner of Ryan Road and Teasley Lane. (Michele Berry, Button Tract, Z13-0010) Staff is requesting this item to be continued to the February 5, 2014 meeting. Schaake stated since this item has been publically noticed a motion needs to be made to continue this item to a date certain. Commissioner Thom Reece motioned, Commissioner Jim Strange seconded to continue this item to the February 5, 2014 meeting. Motion approved (6-0). 6
B. Hold a public hearing and consider making a recommendation to City Council, providing for an initial zoning district classification and use designation of Neighborhood Residential 1 (NR-1) on approximately one acre of land located at the southeast corner of S. Trinity Road and Lutha Lane, also known as 1055 S. Trinity Road. (Z13-0012, C. Berry Addition, Cindy Jackson) Lockley introduced Jackson. Jackson stated the applicant is requesting approval of an initial zoning district classification and use designation of Neighborhood Residential 1 (NR-1) on approximately one acre of land. The applicant wants to place a new modular home on the property. If this request is approved the applicant can then move forward with platting and the building permit process. Staff sent five certified public hearing notices to property owners within 200 feet of the subject site and seven courtesy notices to property owners within 500 feet of the subject site. At this time staff has received no responses. Jackson stated the Development Review Committee recommends approval of this request and the applicant is present for questions. Susie Berry, 1055 S. Trinity Road, Denton, Texas Berry thanked this Commission and Jackson on their efforts during this request. Schaake opened the Public Hearing. There was no one to speak on this item. Schaake closed the Public Hearing. Bentley stated he would like to motion to approve this request. Bentley stated since this Commission makes recommendations to City Council he would like to put a notation on this approval. Bentley stated the City doesn t have a definition for modular homes in the Denton Development Code (DDC); however, there are definitions for mobile homes and manufactured homes. The applicant has applied for the building permit. Bentley added he has researched the term modular home from the builder the applicant will be using and they are in fact building a modular home and not a manufactured home. Bentley stated he wants the record to show that in this case the term modular home does mean what the building permit has been applied for and this is the definition to use. Taylor stated he would like to second the motion. Schaake questioned Lockley if this notation is something for a Future Agenda Item or a Work Session Item to have a formal definition; also is this notation allowed to be attached to this motion. Lockley stated if this Commission chooses to then staff can bring forward a recommendation for a Code Amendment. Lockley added staff would need to research further on how the International Building Code defines modular homes; this might not be defined pursuant to the DDC. Lockley added it might be language in the International Building Code that could be used. The DDC looks at allowed uses and this is a residential use which would be permitted per the zoning district. Schaake stated the motion before this Commission is to approve this request noting there should be a definition for modular construction. There was no further discussion. Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve this request based on the added notation to City Council that there should be a definition for modular homes within the Denton Development Code. Motion approved (6-0). 7
7. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. Bentley requested that the City Hall West discussion be added to the agenda and available for discussion. Schaake stated staff will handle that request. Schaake adjourned the meeting at 7:20 p.m. Jean Schaake Chair Planning & Zoning Commission Athenia Green Administrative Assistant 8