Dec 14, 2022 Planning and Zoning Commission on 2022-12-14 5:00 PM

Good afternoon and welcome to the City of Denton's Planning and Zoning Commission meeting for Wednesday December 14th 2022 and though we are in council chambers this is our work session and I will call us to order at 5.03 p.m. First item on our agenda is citizen comments on consent agenda items. I do not see anyone here to speak on that. Okay so we will go to our clarification on tonight's agenda. First one is minutes for the 14th and the 16th meetings. Any discussion? Okay so we'll move on to our consent agenda. Let it be known that 3B is withdrawn. If you all did not see that in email that item is withdrawn. We will not be taking action on that. So is there any questions on consent? Okay then that will get us to items for individual consideration. We've got a change, several changes actually made to the calendar that we reviewed once before. So I guess my question on that one is we now have a meeting of Sean. I see you running down here thank you. We've now moved a meeting into spring break week with these changes which I'm sure you're aware of. I don't know if down the road that's a problem for getting a quorum on March 15th or not but obviously you must have thought of that when you did that. Okay anybody have any? Tina? I know as I say as we get closer if commissioners plans change where we need to adjust that meeting date I would ask you bring that to our attention. Okay but we can monitor it. Okay that's fair. So any other questions on those changes that were made? Okay thank you very much. Let's see okay that will take us to, that was the calendar, okay 4B. Questions? Yeah come on down. You might as well give us a quick synopsis, make sure everybody understands what's happening here. Angie Mingler senior planner development services. This is a preliminary plat extension for the mark at Denton. This site is located generally at the southeast intersection of North Elm Street and North Bonnie Bray Street. It is approximately 28 acres zoned MR. There was a preliminary plat approved back in January of 2020 for two lots. Per the DDC preliminary plats do expire within 24 months after approval or in accordance with the timing stipulations as indicated on the plat. This preliminary plat stipulated that it was to expire in January of 23 if both of the phases were not final plotted. At this time phase 1A has a approved site plan and a final plat. However the final plat for site 2A has not been filed yet so they're requesting an extension of up to one year and staff is recommending approval of that as they are actively moving forward on this project. Stand for any questions you may have. Thank you Angie. Any questions on this one? Great. You're right up for the next one I believe as well which is 4CPP 220029 I believe has an extension request. Thank you. This is a preliminary plat yes this is a preliminary plat for approximately eight acre site situated on East University just east of Geisling Road. It is approximately eight acres to be the site of a future industrial use. At this time their preliminary plat does not meet our criteria for approval so staff is recommending denial. However we have no objection to the requested one-time 30-day extension which could be granted to date certain of January 11th 2023. Okay questions on that one? Okay I believe we have a similar for 4D. Do we have any? Yes I'm filling in for Mia this evening this is a preliminary plat for a future multifamily development at 1173 and I-35 at this time staff is recommending denial as they don't meet our criteria for approval but have no objection to their requested extension to a date certain of January 11th. Questions? Okay thank you. Take us to our 4E which I believe is going to sound similar. Hello Erin. Hi and I'm not sure how I need to get to mine. Okay all the support in the world behind you so just ask. Closer? Yep. Okay can you hear okay? Erin Stanley is an assistant planner. This is a preliminary plat for a 63 unit duplex unit development 21 acres and at this time they just have not provided all the information to satisfy our requirements but staff has no objection to a one-time extension a 30-day extension to which would be granted to January 11th. Thank you. Any questions for Erin? Thank you very much. That will take us to 4F which is also going to sound very similar. Hello Ron. Good afternoon chair members of the commission. This is a preliminary plat request for property north of 380 that is you probably look this looks familiar for you for you all it's the proposed location of the U-Haul business center or business complex. The preliminary plat staff is recommending denial that due to that it does not meet the criteria for approval however staff has no objection to their 30-day extension which could be granted to January 11 2023. Any questions for Ron? Okay thank you very much. We've got one public hearing for this evening so I'll invite Julie down to give us a quick little summary on that we can take any questions if anyone has any. All right good evening Julie Wyatt senior planner. Just a quick summary of Z2220. The request is to rezone about 15 acres from R7 district to public facilities district. The purpose of this request is Denton ISD has acquired the property I believe they acquired it in about 2020. Their intent is to develop an elementary school on the site. It's important to know that public schools are permitted in all our zoning districts but it is the the city's practice it is our intent for our our public facilities our government properties to have that public facility zoning. So this request would just align this zoning with that with that public facilities our typical arrangement. It would also apply those appropriate development standards. It's consistent with the future land use map and with the criteria for approval and so staff recommends approval of the request. I'll be happy to answer any questions. Julie um I saw the responses that you said a couple of them talking about road is that gonna be part of your presentation are we talking about like the future of Riney at all? Well I can certainly talk about it. Riney Road and it's a good question. So Riney Road as part of the Bonnie Bray phase 6 and I saw Karina moving so she might need to jump in on this but as part of the Bonnie Bray phase 6 improvements they're also including that piece of Riney Road from that intersection at Bonnie Bray and Riney Road to the the east property boundary of this request. So there will be improvements in that in that area. It hasn't been designed yet but it is is the intent. Now it does not include areas east of that subject property so that is something as as development continues along Riney Road there we do anticipate particularly to the east of the site there could be at some point additional improvements but it right now there aren't any plans for it. Did I say it right? Hi Karina. Sorry I heard my name and I was I have to admit I was multitasking so I did hear something about Bonnie Bray and Riney Road so just kind of some context the Bonnie Bray phase 6B does include Riney Road from Bonnie Bray to the limits of this parcel as part of an interlocal agreement with the city of Denton so DISD will be paying their portion for the design and it will be included with the Bonnie Bray CIP project so it won't extend past that parcel but it will be included with that that project I believe it's letting by the end of this year. And it would stop at the far east point. Yes and there is a TIA that would be part of this project when they get to site plan to look at any other improvements that would be necessary. Okay thank you. Commissioner Smith. Thank you Chair. Julie are they do does this does the ISD own the land that's just the west of that or do they just own that land in that flagship section down there on the south? They actually own this little piece right here it was not included in their request so I assume at some point they might be coming in for a rezoning. The part the part that is still R7 on the zoning map there that's what you're pointing at the little square at the top which section? Yes that's that little square. That whole section directly the major part of it directly was the property that's still that's not they don't own they do not own that's still staying there within R7. Okay gotcha. I know it's the city's I know I know we traditionally go through and do PF on that stuff but we're just basically islanding off one little section of R7 between public facility mixed use and more public facilities so just feels weird but I think I probably can get over it but just feels weird. Any other questions concerns? Okay thank you we will look forward to the presentation at the meeting. Okay that is the last item on our agenda so with that I'll close our work session at 515 we'll meet back here at 630 for our regular meeting. Thank you. Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for Wednesday December 14th 2022. With a quorum present I will call us to order at 634 p.m. First item on our agenda is the pledge of allegiance to the US and Texas flags. My Pledge of Allegiance to the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all. On our Texas flag, I pledge allegiance to thee, Texas, one state, under God, one indivisible. Thank you. First up for consideration on our agenda is the approval of the Planning and Zoning Commission meeting minutes for November 14th and November 16th. Commissioner Villarreal. I move approval. Commissioner Anderson. Second. We've got a first and a second for approval of the minutes for those two meetings. Any discussion? Let's vote on the board please. That motion carries 7-0. That will take us to our consent agenda this evening. Commissioner Villarreal. I move approval of the consent agenda. Let me make note that item 3B on the consent agenda has been withdrawn. With the removal of 3B. Very good and Commissioner Anderson. Second. Okay we've got a first and a second for approval of the consent agenda noting that item 3B has been withdrawn. Let's vote on the board please. That motion carries 7-0. That will take us to our items for individual consideration. First up is 4A PZ 22220C. We've got an update to our P&Z calendar for next year and I'll let Tina give us a rundown on that. Thank you. So as Sean explained earlier this evening during work session we did make a couple of adjustments to the calendar. So you'll see as we explained in the AIS there were changes in February and March so we slid our meeting dates by one week as a result of council making some adjustments to their calendar. And the primary reason for this is to help us be able to balance our workload. Not only do we have Planning and Zoning Commission and council packets but we also have some other boards and commissions that we support and so our workload is condensing all in the same weeks and trying to get everything out. So we appreciate your flexibility if you can accommodate us on those adjustments. And then also for the meeting date in July after further analysis of our calendar we realized we should move the meeting date back one week to July 19th. So this assists us with our submittal schedules and being able to accommodate the shot clock reviews and things of that nature. So that's why we made that change. Okay great. Any questions for Tina? Okay. Commissioner Smith. Make a motion to approve. Commissioner Cole. Second. Okay we've got a first and a second for approval of the updated calendar for next year. Let's vote on the board please. That motion carries 7-0. That'll take us to 4-B. P-F that's P-E 2-2-0-0-2. Hi Angie. Hi good evening chair and members of the Commission. This is a preliminary plat extension request P-E 2-2-0-0-2 for the mark. This is a plat that was approved, a preliminary plot that was approved back in January of 2020. The preliminary plat created two lots for the future multifamily development at the southeast intersection of North Elm Street and North Bonnie Bray Street. Per DDC 2.6.3 preliminary plots are valid for 24 months unless a final plat is filed or in accordance with the timing stipulation as provided on the plat. The approved preliminary plat did include a note that both phases of the plat so lot 1A and lot 2A shall be filed by January 2023 so this plat is set to expire as at this time they've they filed the final plat for lot 1A but not yet for 2. In accordance with the DDC this request was reviewed against our criteria for approval. The request was submitted prior to the expiration date of the preliminary plat that was approved and then we also performed an analysis on the reasons for the request and if they meet our criteria including were there any conditions that were approved at initial plat that need to be re-reviewed. There were no special conditions that were applied to this preliminary plat. The plat was approved under the 2019 DDC so they're still subject to those same regulations landscaping, dimensional requirements, tree preservation. They've included in their narrative that was in your backup a detailed reason as to why they were not able to file the plat prior to January 23. Some of that included the pandemic that we experienced as well as construction costs and changes in that market and then when you move forward to grant a request you can impose any conditions that you feel are needed to assure that this moves forward in a timely manner. This plat has been moving forward this project has been moving forward and the applicant has shown taking steps to get this completed including the approval of a site plan for phase one as well as their civil engineering plans and construction of that phase and the filing of that final plat. The zoning compliance plan for phase two is currently under review and the applicant anticipates submitting their final plat in the summer of 2023. So staff is recommending approval of this request. I'm happy to answer any questions you all may have. Thanks Angie. Any questions? Okay I do not see any. Thank you. Commissioner Smith. Make a motion to approve the extension. Commissioner Anderson. Second. Okay we've got a first and a second for approval of this request. Any discussion? Okay let's vote on the board please. That motion carries 7-0. That will take us to 4-C PP 220029. Angie's coming back for that one. Just one second to change over here. Good evening. Angie Mangler, Senior Planner Development Services. This is a preliminary plat request project PP 220029 for 8.9 acre tract of land situated just east of the intersection of Geesling Road and North University. The intent of the development is to create a lot for future industrial warehouse uses. At this time the plat does not meet our criteria for approval and staff is recommending denial. However staff has no objection to their requested one-time 30-day extension which could be granted to January 11th 2023. Great. Happy to answer any questions. Any questions for Angie? I do not see any. Thank you. Commissioner Villarreal. I move approval of the extension to a date certain of January 11th 2023. Commissioner Cole. Second. Okay we've got a first and a second to approve the extension request to a date certain of 111 23. Let's vote on the board please. That motion carries 7-0. That'll take us to 4-D. PP 22-0026. And I believe Angie is coming up for that one as well. Yes. Hi again. Hi. Good evening. This is preliminary plat 22-0026. This is a 6.25 acre tract of land situated at the northeast intersection of 1173 and I-35. The intent of the development is to create a lot for future multifamily uses. At this time the plot does not meet our criteria for approval and staff is recommending denial. However we have no objection to granting the one-time extension to a date certain of January 11th 2023. Thank you Angie. I don't see any questions. Commissioner Villarreal. I move approval of the extension to a date certain of January 11th 2023. Commissioner McDade. Second. We've got a first and a second to approve the extension request to a date certain of 111 23. Any discussion? Let's vote on the board please. That motion carries 7-0. That will take us to 4-E. PP 22-0028. Invite Erin Stanley up to present. Hi. Hi. Good evening chair and members of the commission. This is PP 22-0028. This is a preliminary plot on 21 acres for 63, I believe 63, yeah duplex development, duplex lots. At this time this plot does not meet our criteria for approval but staff has no objection to the requested extension which would be granted to January 11th 2023. Thank you Erin. Appreciate it. Commissioner Villarreal. I move approval of the extension to a date certain of January 11th 2023. Okay. Commissioner Cole. Second. Got a first and a second to approve the extension request to a date certain of 111 23. Seeing no discussion let's vote on the board please. That motion carries 7-0 taking us to 4-F. PP 22-0030. Good evening Ron. Good evening chair and members of the commission. I'm the principal planner. This is a preliminary plot PP 22-30 for a future U-Haul business, self storage business. Through staff's review of the plan the subject plan does not meet the approval criteria therefore staffs recommend denial. However, staff does not have any objections to the extension requests to the January 11 2023 date. Great. Thank you Ron. Any questions for Ron? Commissioner Britt. I move approval of the applicant requested extension to the date certain of January 11th 2023. Did you say 2023? Okay good. I didn't hear. Commissioner Smith. Second. Okay we've got a first and a second for approval of the requested extension to a date certain of 111 23. Okay. Seeing no one needing discussion let's vote on the board. That motion carries 7-0 taking us to our public hearing portion of the evening and that would be one item this evening 5AZ 220020. Hi Julie. I'm going to go ahead and open the public hearing and then you can give us your presentation. Good evening. I'm Julie Wyatt, senior planner with the City of Denton and I am presenting Z2220 Riney Elementary to you tonight. So the request before you is to rezone approximately 15 acres from the existing R7 district to a public facilities district. The intent and the purpose of this request is to facilitate the development of an elementary school. It is important to note that elementary schools and public schools are permitted in all zoning districts within the City of Denton but properties that are owned by government government entities typically have that PF zoning in the City of Denton so this just aligns the the zoning of the property to be consistent with our existing zoning characteristics. You can see on your screen there is a map that shows the existing zoning sorry sorry they're they're backwards the proposed zoning is on your right with the brown and then the existing zoning would would change the map to that blue color consistent with the existing zoning to the south which is our a park property one of our regional parks. The approval criteria for rezoning or in subchapter 2 we won't go over all of them. I will say that staff has analyzed the request and has determined that it meets the criteria for approval but just some highlights it is consistent with the comprehensive plan and we'll take a little bit deeper dive on that. It's also consistent with the purpose of the public facilities district and the city's approach to our government or to properties that are owned by government and also there are additional schools that are needed in our city to accommodate student growth. So Denton plan or I'm sorry Denton 2040 comprehensive plan designates the property as moderate residential. You can see on your screen the property has a red star in the general area and that's in that orange color which is that moderate residential future land use. This category is typically intended for our moderate density residential areas but within that it also includes land uses to support our neighborhoods and that includes appropriately scaled public and quasi public uses such as educational facilities. So this this proposed zoning and use fits right within that moderate residential future land use designation. Additionally our comprehensive plan talks about our educational goals within the city of Denton. We recently had a meeting with Denton ISD and they said that DISD is one of the fastest growing school districts within North Texas so they're definitely growing and adding more students and so additional schools are needed to accommodate that new growth and our housing and neighborhoods goal three speaks to that that we want to maintain and improve the livability of our neighborhoods with those adequate public facilities and that includes schools. We also look at impacts to surrounding property as I mentioned public schools are permitted in all zoning districts and that PF district has and I've also got the development standards within the PF district and just know that any development of the site would have to comply with the Denton development codes requirements for adequate buffers, parking lot screening, and overall landscaping and architecture. We also look at changes in the area when we look at a zoning designation as we've talked about in previous projects there has been substantial growth within the north part of our city. I took this graphic from one of my previous presentations recently showing just all of those residential projects that are currently under development and actually this I don't think this even includes all of them because we do have a couple of more that have come in so there's been substantial growth. While DISD doesn't quite know what the attendance boundary of this school will be it is you know we do need those additional schools in this area because there's going to be a lot more students and I've just got the Denton ISD attendance boundary just to show that currently this this area is in the Evers school school but but likely that will change. Public outreach was sent out. We received two or I'm sorry three letters in favor of the request. We did have a receive a comment today in opposition to the request. That property is located along this eastern edge of the the 200 foot boundary so just to give you an idea of where that is. So based upon the criteria for approval staff recommend recommends approval of the request and I will be happy to stand with any questions. Thank You Julie. Questions for Julie? I know that that the the online comment is what you were talking about for the the one in opposition right and I know they made note of concerns on the roadway so I'm thinking maybe Karina can you come up and just explain what is what would happen to Riney Road with this development? Good evening Karina Maldonado transportation planner with development services. So as we mentioned in the work session Riney Road is part of an interlocal agreement with the city of Denton as part of Bonnie Bray phase 6B so as that project moves forward there is an agreement for the city to do the roadway construction in participation with DISD so it would be included at the same time so once that project lets that portion of Riney Road would also be included and up to the property boundaries so that that would be something that is addressed prior to the school being up and running and then in addition DISD is working on their traffic impact analysis currently so they will be looking at traffic impacts around the area and then including the improvements to Bonnie Bray and signalization along the way as part of their analysis just for additional information based on that they're actually using the proposed attendance zone for this school so it's not finalized but they are using that I believe it's a mile and a half boundary for the elementary as part of their analysis. Okay great thank you for that explanation I appreciate it. Any questions for staff? Okay this is a public hearing is there anyone wishing to speak? I do not see anyone in council chambers so I will go ahead and close the public hearing and open for a motion Commissioner Smith. Make a motion to approve. Commissioner Anderson. Second. We've got a first and a second for approval any discussion? Let's go ahead and vote on the board please. That motion carries seven zero that will take us to our Planning and Zoning Commission matrix and I will turn it over to Tina. Thank you Chairwoman Dulles so with respect to the matrix we did add the one requested item so hopefully I captured that correctly and summarized it I know we were trying this was a result of the the specific use permit request that we had for the cell tower that was encroaching within the airport hazard or height hazard district so we've added that to our matrix and we'll work on getting a work session discussion at a future date so but that was the only change that we had to the matrix. Then also with respect to City Council action so a couple of our several items to report on so we've had two City Council meetings since the last time the Planning and Zoning Commission met so back on December 6th so a couple of items that I wanted to bring to your attention so as you're well aware of we've had past conversations about initiating some area plan work so we have been busy thanks to Ron's assistance on getting the RFQs out on the street and so we have selected a consultant and awarded a contract for Northeast Denton so that was on the agenda and was approved. We've selected HDR architecture to be able to partner with us as we work on the Northeast area plan and I anticipate a contract here to be on on council's agenda probably late January at the earliest probably more likely February for Southeast Denton we're still working on finalizing consultant selection on that and then we also have the downtown area plan RFQ out and we're anticipating responses by the end of this month as relates to that so we're next year we'll be busy especially because we'll have opportunities to have discussions with the Planning and Zoning Commission on each of those projects so we we are working on initiating Northeast area plan right after the first of the year. So we also had a couple of public hearing items so the first was with respect to amending the Denton development code and the access requirements if you recall we kind of had a mixed bag of all things access amendments that the Commission also considered so City Council did approve that 6-0. We also had a request to rezone property from a plan development R7 zoning district to R6 for about 21 acres land on Mockingbird Lane I believe that was the plat that Erin had presented on this evening so that was approved by City Council 6-0. There were a few questions regarding the access and I know the Commission had a fair amount of discussion with respect to that as well but ultimately Council felt that the existing standards that we have in the DDC as well as the amendments we just made would adequately take care of addressing the access needs for that property as it develops. We also had the specific use permit to allow for a new monopole tower well 150 feet in height again this is the one that was related to the airport height hazard overlay district Council did approve that 6-0 there was some discussion about the quirkiness of the code in the ZBA action so we informed Council that the Commission shares some similar concerns and so but nonetheless they went ahead and approved that item. We also had another rezoning from rural residential to a light industrial zoning district for approximately 30 acres located east of Lover's Lane and about 1,800 feet north of the intersection of FM 1173 and Lover's and so that was also approved 6-0 by City Council. Then a couple items and that may be coming before us here soon with respect to some annexation of land so we had the second reading that's required for annexation requests and this was for roughly 82 acres of land located on the north side of Bartholomew Road approximately 1,300 feet west of I-35 so that was successfully annexed into the city so I would anticipate probably having a zoning case moving forward at some point in time given them the temporary zoning designation that it'll receive upon approve or that occurred with the approval of the annexation and then also there was an amendment that was required to the non annexation agreement that included that property and so some adjustments had to be made so that's all that was on the December 6th agendas we had kind of a busy night that night and then last night at City Council really the key items that we had that really include work that the Planning and Zoning Commission has considered in the past were all four of our criteria manuals so solid waste and recycling the stormwater the transportation and then the water and wastewater criteria manuals so those were all approved unanimously last night so we appreciate the feedback that the Commission had given our team on being able to complete that and word on the street is they're already talking about items for next year's amendments so but nonetheless we council was very pleased and we were able to get those items approved so that concludes my report for the Commission and happy to address any questions you may have thank you Tina anything to add to the matrix okay very good concluding items I will just say happy holidays everyone be safe in whatever and however you are celebrating and see in the new year with that I'll adjourn us at 659 p.m.