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withdrawn. If you all did not see that in email that item is withdrawn.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.