May 23, 2018 Planning and Zoning Commission on 2018-05-23 5:00 PM

Planning and Zoning Commission Work Session Meeting for Wednesday, May 23rd, 2018. This meeting has been duly posted and we do have a quorum present and will call us to order at 504. Our first order of business will be to receive clarification of agenda items. Looks like we don't have any minutes so we'll go straight to the consent agenda. Are there any questions on the consent agenda? None. All right well that's easy. We'll move us to items for individual consideration. I will call on Haley for presentation of item 3a. All right this is a final plat for the lot one of the retreat at Denton edition. We saw the preliminary plat just a couple of weeks ago for this. The intended use of lot one as you may remember from a recent rezoning and sup is a multifamily. It would be oriented for students. As a part of this plat the right of way for precision drive is being dedicated to extend precision from its current termin us by Peterbilt further to the north all the way up to Oak Street. This is an item for individual consideration because there is a condition on the plat approval. That condition being that civil engineering plans for all public infrastructure necessary to serve the proposed development must be approved before the plat is filed. If any utility easement locations need to be modified as a result of that final civil engineering construction plan review that staff would be able to approve those rather than bringing the plans back before the planning and zoning commission. I'd be happy to answer any questions. Commissioner Rozelle. Thank you. This is outside probably the bounds of this discussion but is there any plans to have a pedestrian walkway from that connecting to the other side of I-35. There's not any sidewalks obviously precision's not there but there's not any sidewalks under the underpass from that property. There's sidewalks on the other side where the old bus station used to be. Is there any plans to create a sidewalk there? None that I'm aware for connecting under that overpass. I believe they have been in touch with DCTA. The developer has to try to coordinate having some sort of bus connectivity out to here and I believe UNT also may have plans for buses. Commissioner Ellis. Thank you chair. Actually Haley this is probably for Victor . So when we go to make a motion here can we just say per staff's recommendation or do we need to repeat what is written here? You have proposals for it to be varied off of staff's recommendation right? No it would just be with that one condition about the civil plan. So we can just say with with that we don't have to restate at all. Okay thanks. Any other questions on this item? Okay we'll move us to our public hearings. Item A has been postponed. It's going to be there's a request for no continuance. It'll just be re-not iced at a date in the future. Same thing on item B. It will be re-noticed in the future. So that will move us to item C and Haley will make that presentation for us. All right this is a rezoning for fire station three. So the request is to hold this public hearing and consider a rezoning from downtown residential one district which is shown on the top map to downtown commercial general as you can see on the southern or the lower map here. The property is approximately 1.33 acres. It's located on the south side of Underwood along Avenue A and what is currently McCormick Street. It's currently developed with fire station three. So fire stations under our code are a community service use classification. The DR1 district doesn't permit this use currently. The fire station's been there for longer than that zoning has been in place and it's currently considered a special exception. The intent as you can see in the concept plan that we'll go over a little bit later is to enlarge the fire station and expand this development. So when they voluntarily demolish the existing station it would lose that special exception status. So the rezoning is needed to permit the future development of a new fire station as well as just to consolidate and clean up the zoning so that the entire fire station property would have one zoning district moving forward. So here's a little bit closer look at the property. You can see the current fire station there as well as the vacant property to the west. Their concept plan would be the existing fire station would be demolished. That current property that it's on would be developed with parking and a drive aisle. The fire station itself would be relocated to that property to the west. McCormick street is intended to be formally abandoned in this area. The utilities that are in place under there would remain in place within an easement and the only development on top of that would be this driveway. Let's see. So the future land use for this property is actually commercial designation. You can see it's kind of a hybrid zone as we transition from commercial into this university compatibility area. Commercial is applicable along most of our highways. It's intended for auto-oriented uses. Typically the properties designated as commercial are not suitable for residential or even mixed use development because of that proximity to our major road ways. We found DCG to be consistent with this future land use designation. It permits a wide variety of commercial and service uses such as this at a more intensive scale than we would typically see in our neighborhood areas. So it felt that that was appropriate along the freeway in this location. To look at the compatibility of the rezoning, DCG would be an extension of existing DCG that exists surrounding this property to the north and the west. The uses permitted within DCG would be generally consistent with what's in this area already. Aside from the existing fire station, we had a hotel that was recently demolished with the text outwidening. There's multifamily in this area as well as a couple of fuel stations along the freeway . As I had mentioned, there are some existing utilities in the McCormick Street right of way. Those would remain in place. There's also utilities to serve the property along Avenue A and Underwood. Notification was sent about the request. We received one in opposition. That's the property outlined here in red that was included in your backup. And before the meeting, I handed out an additional response in favor of the request that I received today. The staff is recommending approval. Based on our criteria for approval in the code, we found this to be consistent with the future land use designation under the Denton Plan 2030. And we also found it to be compatible with the existing uses and zoning in this area. I'd be happy to answer any questions. Commissioner Smith. Thank you, Chair. Give me one second as I look up. The current height and the current zoning is 40 feet for the building height. I know whenever they did station two, the new station went upwards in elevation. Is there a plan for station three in the remodel , the rebuild? Is it to go larger that way, go upwards? It might go a little bit taller. I haven't seen elevations for it recently to know exactly what height they're proposing. But I believe it will be a little bit taller than the current station. Just because the 40 feet in the current zoning and then 100 feet in the proposed zoning, I don't think it affects neighborhoods. And it's obviously a good use. It's really hard to fight against fire services. The building itself would be on the lot that's already... Sure, of course. Just the increase in the height , anything that might affect the way of neighborhoods and everything else. We got some of the assistance to bring up. So I just wanted to know, see if there's anything planned in the cities. But okay, that's fine. Commissioner Ellis. Thank you, Chair. Haley, just curious, did the opposition give as to why? I didn't see that in the backup just that they were opposed. Did you speak to them at all? I don't know if there's any rationale provided on that. Okay, I'm just curious. Thanks. Commissioner Rozelle. Thank you, Chair. You said you haven't seen the elevations recently. Do you have access to the elevations? I believe they may have provided them at a pre- development meeting last year. With this rezoning, we just had those concept plans. But I suspect they'll be submitting for that site plan and replanting the property soon. Perfect. Thank you. Commissioner Bet. Thank you, Chair. I just want to thank the staff for providing these affidavits for the site. The pictures and everything. Boy, it saved me in a trip out there. So I do appreciate that. It's good to see. Thank you. Okay, any other questions on this item? Okay, that's going to move us to our public hearing item 4D . And I have a conflict of interest on this item. I'm a partner in the partnership that's developing this. And so I'm going to recuse myself both during the work session and in our public session. And I'll turn it over to Commissioner Rosell. Thank you, Chair. Haley, this one's yours as well. Now while that's loading, this is a replant that we saw last week. There were some concerns about the drainage note that was on the plant that has since been revised to clarify that the HOA will be responsible, own and maintain the drainage areas with the exception of this lot 38, if you noticed on the southern part of the property abutting Hercules, that lot 38 is intended to be sold to DME for their power station that exists there currently. So that lot would of course be maintained by them once it is owned by them. And as with the other plat, there is a condition on our recommendation for this one as well relating to the civil engineering plans. So I'll read that just for clarification. Civil engineering construction plans for all public infrastructure necessary to serve the proposed development must be approved before the plat is filed. If any utility easement locations need to be modified as a result of the final civil engineering construction plans, the development review committee approval should be required prior to filing. Be happy to answer any other questions you all may have on this. Commissioner Ellis. Thank you, Vice Chair. Just to say thank you for clarifying it. That's well done on the notes and you can clearly understand who is to maintain it. So thank you. Thank you, Haley. Clarification, can I just close out work session since that's the last item? At 5 16, we will close our work session and reconvene in council chambers at 6 30. Good evening and welcome to the city didn't planning and zoning commission meeting for May the 23rd, 2018. This meeting has been duly posted and we do have a quorum present. Now we'll call us to order at 6 33. Our first order of business will be to stand and give the pledge the US and Texas flag. Okay. The next item on our agenda will be our consent agenda and the chair would entertain a motion. Commissioner Smith. Okay. Commissioner Roselle. Second. Okay. Have a first and a second for approval. Any further discussion? Nope. Okay. We'll call for a vote on the board. Motion carries six to zero. That will move us to our items for individual consideration and I will call on Haley for presentation. Good evening. This is a final plot for lot one of the retreated denton edition. This plot is for property that's intended to be developed with a multifamily use as part of the plot. The right of way for the northern extension of precision drive is being dedicated and staff is recommending approval of this plot with the condition that civil engineering construction plans for all public infrastructure necessary to serve the proposed development be approved before the plot is filed. If any utility easement locations need to be moved as a result of final civil engineering construction plans, the development review committee approval shall be required on those easement locations prior to filing. I'd be happy to answer any specific questions you may have about this. Any questions for Haley? No? Okay. Thank you. This is an item for individual consideration. If there's anyone who would like to speak on this item, you're welcome to. Seeing none. I don't know if the applicants here would like to speak on this item or not. No? Okay. Well, then we will open for discussion or motion. Commissioner Ellis. Thank you, chair. I will move to approve with staff's recommendation. Okay. Commissioner Sanchez. Okay. We have a first and a second for approval. Any further? Commissioner Beck. Sorry. Thank you, chair. I just wanted to share with my fellow commissioners. I'm going to vote no on this. Technically, it meets all the criteria, but as you know, I oppose the zone change for this. I thought it was a bad idea then. I still think it's a bad idea. So, as a protest, I'm going to be voting no on this. Okay. Any other discussion? Okay. We have a motion on the floor. First and a second. We'll call for a vote on the board for approval. Motion is going to carry five to one. That will move us to our public hearing section. Our item A, this item has been postponed. There will be no continuance. It will be renoticed at some point in the future. Our item B, same thing. It has been postponed. There is no continuance on it, and it will be renoticed at some point in the future. That will move us to our item C. At this time, I'm going to open the public hearing for Z18-0006B, and I will call on Haley for a presentation. Good evening. This is rezoning for fire station number three. The request before you is to hold a public hearing and consider making a recommendation to a council regarding a request for rezoning from downtown residential one, which is the district reflected on the top map, to downtown commercial general, which is reflected on the lower map. The subject property is approximately 1.3 acres, located on the south side of Underwood Street along Avenue A and McCormick. This site is currently developed with fire station three. In our zoning code, fire stations are considered a community service use. The downtown residential one district does not permit this use. The fire station predates our current zoning code and is currently considered a special exception. The intent is to demolish the existing fire station and redevelop this site along with the property directly to the west of it. Once that fire station is voluntarily demolished, it will lose that special exception status. For them to redevelop and include anything related to the fire station on this property, the rezoning is necessary. Rezoning to DCG will also consolidate the zoning across the entire property where the fire station will be located in the future, which would just facilitate their development, having one set of standards to follow. Just a closer look at what's on the site currently, we have fire station one, McCormick Street, and then to the west is a vacant property that was formerly a hotel. This is the concept plan for the fire station. As you can see, the right side of the screen is where the existing fire station is. That will be a parking lot and a drive aisle. McCormick Street will be formally abandoned. The utilities will remain in place with an easement to allow access to those. Then the new fire station will be reconstructed on that lot to the west that I discussed earlier. In looking at our criteria for approval for this, the main criteria being that it conforms to the future land use map within the Dent on Plan 2030. The future land use designation for the property is commercial. This is a designation intended for those commercial auto-oriented uses that are typical along highways like we have in this location. DCG we found to be consistent with this designation because it permits a very wide variety of commercial and service uses at a more intense scale, such as taller height, more lot coverage that is typical along freeways. In looking at the compatibility of this request with the surrounding area, DCG would be a continuation and an extension of the DCG that exists in the area currently. It's shown in the darker green on the map, so we have DCG to the north and west of this property. The uses permitted within DCG are generally consistent with the mixture that we have in this area currently. Not just the fire station, there's also multi-family in this area as well as fuel stations along the freeway. Looking at the infrastructure that's in place, you can see utilities available surrounding the property, so no concerns there were identified. As I mentioned McCormick Street, it is actually a resolution has been passed by council to close that street when necessary and it will be abandoned as this development proceeds if the rezoning is approved. A notification was sent about the request. We received one opposition and one favorable response. Those are highlighted on the map. Staff is recommending approval of the request. We found this to meet our criteria for approval being that it's consistent with the future land use map and generally compatible with the zoning and uses in the surrounding area. I'd be happy to answer any questions. Do you have a question? Commissioner Beck. Thank you, Chair. Hey, just curious, is the city going to put out on their means of ing ress and egress on Underwood and Avenue any flashing lights warning when they have a... Not aware of that at this point. Wasn't any plans to do that? Right now we just have that concept plan. I believe they're finalizing the site plan, so they would have those things planned in a little further detail a little more down the road. Just curious. Thank you. Hey, there's a follow-up to Commissioner Becks. Will that I assume at some point this will be replatted into one lot probably? That is the intent. And so when it comes back for probably replat some of those questions? Yeah, we may know a little bit more detail about the site plan at that point. Great. Commissioner Sanchez. The exits for the fire engines will be off onto Underwood, is that correct? And onto Avenue A? Is that where they'll be... If they have to go out in an emergency, they'll come out... Which will be the main road they'll be using? Because this morning when I drove up by Underwood, they're building the apartment complex right there, and there was a whole bunch of cars parked on the side of the road. I was just curious, is there going to be any kind of designation where people can't park on Underwood is being the fact that that would may block some of those fire engines going in and out? I'm not aware at this point of any intent to establish no parking zones on Underwood. I believe the flow of traffic would be coming in off of Underwood, because they do have their public parking in the dumpster located on this side of the site, and then the trucks would primarily exit onto Avenue A. Okay. Is my understanding of how the flow would work as it's proposed here? Any other questions for Haley? Thank you, Haley. This is a public hearing. Anyone who would like to speak on this item, please come forward at this time. Anyone want to speak on this item? Seeing none, I'll close the public hearing. Commissioner Smith. I have a question for the applicant, if he's present. Hello all. I'm Brad Lehman with MJ Thomas Engineering, 3973 West Vickery Boulevard, Fort Worth, 76107, or the Civil. Great, thank you. Site plan now, or the conceptual that you guys do have, height of the building, the new proposed zoning would increase up to 100 feet, as where it's currently zoned, it's 40 feet maximum. Do you guys have a rough estimate on height of the building when you guys re- The height of the building will be limited at 30 foot. Perfect, thank you. Any other questions for the applicant? Well, is it the mic? Okay, thank you, sir. We've closed the public hearing. So, Commissioner Beck. I move we approve Z180006B. Okay, Commissioner Rozelle. Second. Okay, we have a first and a second for approval. Any further discussion? Seeing none, I'll call for a vote on the board. Motion carries six to zero. I will move us to our item D on our agenda. I have a conflict of interest on this item. I am a partner in this partnership that owns this piece of property, and so at this time I'm going to recuse myself and I will turn the meeting over to the vice chair, Commissioner Rozelle. Thank you, chair. I will open the public hearing for FR17-0024A and ask Haley for presentation. Good evening. This is a final replat for the Beale Way addition. The property is generally located on the west side of Loc ust. Beale Way will be extended along the north perimeter of the property. Hercules runs along the southern boundary of the property. This is a replat of what was formerly La Hacienda Heights subdivision. The eastern part of this property was once plotted for residential development that just never occurred. So, when those plans fell through, this subdivision was proposed so it would be a replat of that existing subdivision and also take in unplatted land on the western side of the property. Just a little bit of a description about the property. It's intended for single-family development. The lots are generally 50 by 120 feet on average, about 6,000 square feet in size. The applicant did hold a neighborhood meeting. They reported that they had 12 to 16 residents from the surrounding area in attendance at that meeting. Staff is recommending approval of this plant with a condition similar to the one we had earlier. Civil engineering construction plans for all public infrastructure necessary to serve the development must be approved before the plot is filed. If any easement locations need to be modified as a result of those finalized engineering plans, the development review committee would approve those prior to filing so the plot wouldn't have to return to this board for consideration for minor adjustments. I'd be happy to answer any other questions you have about this and I believe the applicant is also here. I do not see any questions. Thank you, Haley. This is a public hearing. If anyone wishes to speak, you may do so by filling out a card. I do have one card. It's the applicant, Lee Allison. Mr. Allison, your complete group has up to 20 minutes to present if needed. Hopefully I can do it in less than two. Good evening. I'm Lee Allison with Allison Engineering Group representing the applicant. David Marks, one of the owners, is here with me this evening. H aley mentioned a couple of things and I'd like to add some clarifications. This is a single- family residential development with homes generally in the 6 or lots generally in the 6,000 square feet and up. It might be a few a little larger. I'd say our average is easily 6,000 square feet. The price range of these homes will be in the 225,000 to 325,000. Typically entry-level homes are running $140 a square foot. I won't rule out the possibility of some homes in the 190,000 to 200,000 range, but you're going to be looking at 1,400 square foot homes, something of that nature. I think some of the confusion came because the seller of this property was also a client of mine. At that time, we were working on some townhome concepts for him. Never really got in front of the city other than pre-design meetings, but I think the all-seeing, all-knowing Google discovered some of those documents and rumors got out around the neighbors that we were looking at townhomes or apartments over there, which we had with the previous client. That is absolutely not the case at this time. Another question came up in the neighborhood meeting had to do with the construction of Hercules Street, and we pointed out that Evers Way had been sitting there for years, and this client picked it up. They're moving forward. Hercules, well, actually the city had started planning and preparing for the construction of Hercules. The developments came along, so the developers ended up taking over the lead on Hercules. Since this is a perimeter street for both Evers Way and Beale Way, this is getting constructed, but instead of doing the second house half later with Beale's, we're constructing the entire length, entire width of Hercules Street with the E vers Way process, which is in advance of Beale Way, of which Beale Way is dedicating some of the right-of- way for. It's kind of a joint venture effort between the city and one developer on two different development projects. Hercules Road is getting constructed up front. We do not know of any plans at this time to have a light at the corner of Hercules and Locus. That is a tech stock controlled road, so that is subject to a warrant study and beyond our control. We have coordinated turn lanes, waterline adjustments, etc. Another big question was what's going to happen to that big area underneath the power lines? Many of the neighbors would like to see that be a city park. We had presented that to the city for that possibility, but the Parks Department had no desire for additional land at this point in time, even for soccer fields or practice or anything else. It will be a common area lot in a homeowner's association. I think you discovered last night, or last couple of weeks, we cleaned up some language regarding the maintenance. That's really about all I have, unless you have questions. I took a little over three minutes, not quite two. We have a question. Commissioner Beck. Thank you, Vice Chair. Thanks, Lee. I appreciate the information shared there, because I look forward to seeing this development go forward. I'm glad to see that area that's just been bearing so long finally filled up, and I think this is a good project for it. But I'm also delighted to finally see Hercules making its way all the way across there to make an easy access from point A to point B, where it was harder before. So I'm definitely planning on voting for this one. Very good. I don't see any other questions. Thank you. Thank you very much. This is a public hearing. Does anyone else wish to speak? You may do so. Seeing none, I will close the public hearing and open for a motion or discussion. Commissioner Smith. A motion for approval with staff conditions. Commissioner Ellis. Thank you, Vice Chair. Second. We have a first and a second. Seeing no discussion items, I will call us for a vote on the board. The motion passes 5-0 with one recusal. Thank you. Then I 'll move us on to agenda item five, and I'll call the chair back in. Welcome. That will conclude our public hearing section, and this will move us to our project matrix. Commissioner Ellis. Thank you, Chair. Just a couple things. First of all, thank you, thank you, thank you for the information with regarding signage and the way it appears in our backup . Love it. Thank you. Thank you very much. Issue I'd like to put in, it has to do with the sewer downtown at like the Hickory Street industrial area. I have gotten several complaints from business owners , have experienced it myself working down there, the horrible smell often throughout the evening down there. I guess I want to try to understand what is the city's maintenance with regard to that? Does it need to be looked at? Do these business owners have an avenue with which they can make a complaint? It's terrible for business down there. Something's not, to me, not functioning right. I don't know if I can get information or a work session to know how things are maintained there. I'd appreciate it. I'll get a response. Okay. Thank you. Commissioner Roselle. Thank you, Chair. I would just ask that at work session upcoming, can we get clarification on what's going to happen with the situation that happened two weeks ago with the agenda item where there's legal confusion on what happens when there's a 3-3 tie that will seemingly forever be a 3-3 tie? Just because it seemed like there was maybe a legal interpretation of the intent of the rule. I don't know if city ordinances can update that. I know Victor and I had sidebarred with that, but maybe just an update so the commissioners know what happens in those situations. So on that, we are working, I think, to propose, along with Clarion, maybe drafting something or sooner within the DDC or, like Richard was saying, maybe earlier to make that clarification specific to this board. This board adopts the council's rules, and so maybe it appeared that in this case, maybe there should have been a special rule about these recommendations going forward to council. So staff's working on it, and it'll be coming up. Thank you. Any other items for our project matrix? Go ahead. Just wanted to give a quick update because I know we've talked about the tree code before. We did present, staff presented at the committee on the environment this past Monday, just some overall policy questions. So we're going to be taking a draft back to the committee within 30 days, and then after that, it'll be coming back to the commission. What I will do, though, is as soon as that draft is given to the committee, I'll make sure that everyone gets a copy, too. I'm just going to email it directly to you. I won't wait to include it as part of the matrix, and once it's done, you'll have it in advance. Great. Perfect. Anybody else? Okay. With that, we will close at 6.55. Thank you, everyone . 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