Apr 03, 2019 Planning and Zoning Commission on 2019-04-03 5:00 PM

Good evening, ladies and gentlemen, and welcome to the work session for planning and zoning. Commission on April 3rd, 2019, I'll call the meeting to order at 515. Before we get into the agenda, first thing is we'll have two different votes on the minutes this evening for March 6th and March 20th. Is there any corrections or updates to the minutes we need to talk about now? We can re-talk about it there, I just didn't know if we wanted to bring anything up now. Minutes look good. And then second, before we hop into the agenda, I wanted to ask our legal representation. Jerry, he wanted to talk to us this evening. >> Yeah, I just wanted to introduce to the commission our new land use attorney we just hired. Cynthia Kirchhoff, who comes to us from St. Cloud, Minnesota, where she was city attorney there. >> And she has extensive land use experience, and before law school, you were a planner, weren't you? >> Correct. >> Okay, so that's all good experience that I can't give you. And so I have no doubt that Cynthia will not only replace but supersede me entirely. So I'll look forward to her, and I hope you do as well. >> Thank you very much, Jerry, and I appreciate your service you've given to the commission. And welcome aboard, Cynthia, and welcome to Denton. Hopefully it's straightened you well. Effective date next week? She starts next week on the dais, or what's the transition? >> We haven't really talked about that, but she is here today, and she said that she was going to, she was available and willing to sit in on this meeting and meet you all in. So I'm taking her up on it. >> Well, next week is as good as any, right? >> Right. >> Should be a fun one to jump in on. >> Yeah. >> Okay, that all being said, we can jump to the consent agenda. Does anyone have any questions on the two, we have a plenary plat and a final plat? Any questions or clarifications needed on those? Shawna and Haley are here. Commissioner Becker, are you good? >> Yeah. >> Okay. So that is the consent agenda, and then for public hearing, the first item will be Ron's FR19-002. And then, Ron, while you're getting the presentation set up, for the commission's information, item 4C, DCA 19, the Denton Development Code discussion will be postponed, or we'll ask for a vote to postpone it tonight, and with that, because there might be changes to the presentation, we are not going to have a work session item on that. So we're going to hear the final replat for A and B, both by Mr. Ron, and then that's what we're going to be hearing tonight, that should come back on April 17th as a heads up. >> All right, thank you, Chair, members of the commission. For you today to consider as part of a public hearing is a final replat called Rancho Vista Lot 6 Split. It is a simple non-residential replat of a single lot 6, block 1, which comprises of 1.14 acres. The intent is to subdivide the lot, or replat the lot into two lots for the purpose of commercial use. The general lot property is generally located south of University, east of Bonnie Bray, and north of Emory, as shown here on the screen, outlined in yellow. Apologize for the legibility here. Essentially, that lot is being subdivided right through here. The lot dimensions meet the dimensional standards of the CMG zoning district of the property. With that, staff is recommending approval, a simple non-residential replat of a subject property. >> Commissioner Beck. >> Okay, the question I asked over the email, if we knew what they were going to build, it's a concern because CMG is now, will eventually become a suburban corridor. >> Correct. >> And they allow bars and taverns and everything, so that's on Emory, that's facing those houses right there. So that's why I was curious. I mean, by right, well, let's see, in the restaurant with the drive through, we didn't allow that one time. >> In the CMG? >> Yeah, when that combination hamburger chicken plate, yeah, want to do it. But now it says it's, let me make sure I'm looking at it right here, it's permitted with a use specific standard, so. >> Right, and Commissioner Beck, this is for the replat, so that's what we'd be considering. Unless there's a question we can ask, that is a zoning related question, and- >> We're just trying to get a start on it there, you know, be prepared for it. You know that if something like that comes in there, there's going to be some- >> You know, I understand the concern being that it's just north of the residential neighborhood, but you do have Emory. And that is an area that you'll see a lot more development because it's currently undeveloped. >> Right, okay, okay. >> Commissioner Burnetta. >> And so to clarify along with Commissioner Beck's question. So all we're doing is approving whether or not we're splitting this right now. At a future date, when they come back with plans and everything, we can determine whether we would approve it facing the neighborhoods or facing whatever. >> If- >> We're doing a split right now, right? >> Commissioner Bennett, if they meet the site design requirements, they don't need any variance or any other requirements that needs to be varied, whatever it is, they will not. It would be permitted by administrative review only. >> Okay. >> Yes. >> All right. >> Any other questions on this item? Perfect, thanks, Ron. >> Okay. >> One more. This is item 4B, FR19-0004. >> Okay, this is another one similar in scope. The property is just around the side on Bonnie Bray. Further on the south, I'm sorry, north east corner of Bonnie Bray and Crescent. The applicant is looking to subdivide or replant the lot into two lots. A lot being lot one and block A of the Crescent addition. It is approximately 0.74 acres, again, into two lots and proposed use as commercial as provided in their narrative. This is the replant itself, and you can see they're just splitting the lot here for the intent of, again, developing the site with two commercial uses. The zoning is NRME 12, and they meet the lot dimension that is required for that zoning district. And again, with that, because they meet the development code requirements, staff is recommending approval of their proposed replant. >> Ron, for my own notification, what happens when a plot that's developed across the plot line, will there be any implications to have to dig up the driveway or anything to differentiate the two plots, or is it perfectly fine to? >> If it's not a building, they're fine. Flat work is okay. Obviously, there will be an easement required to provide access. But no structure would be allowed, if there is an existing structure, then that would be something that they would have to remedy before we move forward. >> I got it. Perfect. Any other questions on this item? Great. Thank you, Ron. >> Okay. >> So again, to reiterate for the commission and those watching who might have planned to come this evening, item 4C. We will open the public hearings. There will be an opportunity to speak, but we will be asking for a postponement. So most likely, if that vote goes through, there will not be a decision or recommendation made by this commission this evening. We will be hearing it again if the vote goes through on April 17th. So for those wanting to speak in depth, April 17th might be a better evening to come. Commissioner Beck. >> Thanks, Chair. What's the reason for postponing? Was the reason given? >> I can ask Richard to speak to any rationale for that. >> I thought I heard something. >> Or Jerry. >> Yeah. >> Okay. >> Well, I can tell you from my end, I have not reviewed this. And it came to me last week while I was at a seminar. And I just came back today. And so as you can see, this is probably a good inch thick hunk of paper here that is going to need some pretty good legal review. And just because I think that this board is entitled to my legal advice, just like the council is, I think that it makes sense. I can't recommend it from a legal standpoint until we've had an opportunity to review it. >> I agree, I agree, yeah, it is quite legal, legally, so okay, thanks. >> So with that, we will close the work session at 524, we'll reconvene in council chambers at 630. Thank you. Good evening, ladies and gentlemen. Welcome to the planning and zoning commission meeting for April 3rd, 2019. I'll call this meeting to order at 630. The first order of business is to stand if able and provide a, or say the Pledge of Allegiance to the US and Texas flag. >> I pledge allegiance to the flag of 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 the Texas flag, I pledge allegiance to the Texas, one state under God, one indivisible. >> The next item for business is to consider approval of the planning and zoning commission minutes. Before I do that, I just wanted to state, for the audience or those watching that item this evening 4C, which was a discussion about the development code, that will be requested to have a postponement date to April 17th. So anyone in attendance or waiting for item 4C, we are looking to have that moved to the April 17th meeting, at which time there will be opportunity to speak on the item. But with that, let's go ahead to the consent agenda, or not the consent, the minutes. We'll take these in two different votes because of attendance. The first one is March 6th, 2019, Commissioner Smith. >> Motion to approve. >> We have a first, Commissioner Ellis. >> Second. >> We have a first and a second for approval of the March 6th minutes. Any discussion? Scene nine, I'll call for a vote on the board. >> Motion carries 5-0 with one recuse. And now the minutes for March 20th, 2019, Commissioner Ellis. >> I move approval. >> We have a first, Commissioner Beck. >> Second. >> We have a first and a second for approval for the March 20th minutes. Any discussion? Scene nine, I'll call for a vote on the board. >> Motion carries 5-0 with one recuse. The next item of business is the consent agenda. Commissioner Beck? >> I move we approve the consent agenda. >> We have a first for approval. Commissioner Smith? >> Second. >> We have a first and a second for approval for the consent agenda. Any discussion? Scene nine, I'll call for a vote on the board. Motion carries 6-0. That moves us to the public hearing for this evening. First item of business is item 4A, FR 19-0002. I'll invite Ron for presentation and open the public hearing. >> Thank you, Chair, members of the commission, members of staff. This item is a request for a replat, non-residential replat of a lot, lot six, block one. Which is approximately 1.4 acres. The purpose is to subdivide the lot into two for commercial use. This is the plat itself that is being considered. As you can see, that the lot is being divided in this general area here, into two lots. Both lots meet the dimensional standards for CMG. And with that, staff's recommending approval of the subject replat request. >> Thank you very much for the presentation. I do not see any questions. This is a public hearing. Anyone wishing to speak on the item may certainly do so. Seeing none, I will close the public hearing and turn to the dais for discussion or motion. Commissioner Smith. >> Move to approve. >> We have a first for approval. Commissioner Pernetta? >> Second. >> We have a first and a second for approval of FR 19-0002. Any discussion? Seeing none, I'll call for a vote on the board. >> Motion carries 6-0. The next item of business is item 4B, FR 19-0004. I'll invite Ron Backup for presentation and open the public hearing. >> Thank you, Chair. Very similar in the request. That is, it is also a non-residential replat of a lot, lot one, block A, of the Crescent addition. This subject property is approximately 0.74 acres. As similar to the first one, it is to subdivide the lot into two lots, and the intent is to develop the lots into two, I'm sorry, to commercial uses. This is the subject replat that is being considered. Again, the lot line, or the lot, is being subdivided in this general area here. Again, both are within the development code requirements of NRME 12. And for that reason, staff also recommends approval for this replat request. >> Thank you, Ron, for presentation. I do not see any questions for you. This is a public hearing. Anyone wishing to speak may certainly do so. Seeing none, I will close the public hearing and turn the dais for discussion or motion. Commissioner Beck. >> I move to approve FR190004. >> Thank you. We have a first. Commissioner Pernetta. >> Second the motion. >> We have a first and a second for approval of FR19-0004. Any discussion? Seeing none, I'll call for a vote on the board. Motion carries 6-0. Next item for business is item 4C DCA 19-004, and I'll open the public hearing. And request the commissioner for a vote to postpone to a date certain of April 17th. Commissioner Smith. >> I move to approve. I'm sorry, I move to postpone to April 17th, I'm sorry. >> Perfect, we have a first. Commissioner Ellis. >> Second. >> We have a first and a second to postpone this item to the April 17th meeting. Any discussion? Seeing none, I'll call for a vote on the board. This motion carries 6-0. The next item of business is the plan and zoning matrix, and I will turn it to city staff for an update and then discussion. >> Just briefly on the matrix, I don't have really anything to add at this time. I know we've, I think once we get through the next two weeks or three weeks with the DDC update, we'll be able to fill in some of these dates. I think we did add the discussion on the upland habitat as that related to the ESA criteria manual. I know Deborah was looking at bringing that to PNC in May or the second meeting in May, so that's why you see that date there. Just a quick update on some of the items from council. Villages of Carmel, that alternate ESA was approved with one slight change. If you recall, there was a bond that they were bond or surety that they were going to include and the rate was at $125 an inch for the tree mitigation. The council changed that to 200 to sort of fall in line with where the new fee would go. So that was the only change. The auto hail place, that was approved last night, if you recall, it was continued. There was a slight change to, I think it was condition three, but it really didn't affect the material condition that was related to the parking of that. I think it just required that it all be on site. Windsor Drive, that was actually postponed. The applicant had some changes that they wanted to propose, I think some additional setbacks. Unfortunately, staff just did not have the time to review that plan beforehand or make any adjustments to an ordinance. And so that item was postponed and the city initiated rezoning of the service center was also approved. With that, there was an update, if you recall, there were two neighbors in the audience that had a number of concerns. And so we had also included an update to that in last Friday's, the Friday report that goes out. If you haven't seen it, we can make sure that it gets sent to you. There was also an update in there with respect to the improvements that are being done. The fencing, to improve the fencing, restricting the traffic on some of the local streets, increase landscaping, they did a spring cleanup day on the 28th of March. And sort of the first step, so they are still continuing to clean up that site. And I know that, I think they met today, they're either meeting today or tomorrow to look at some of the drainage concerns that were brought up. I think the gentleman that was here, so just wanted to give you an update on those council items that were brought in front of you. >> Thanks for that update, Christopher Smith. >> Thank you, Chair. Forward next week, not really something we add to the matrix, but just something just to advise staff on. Knowing that, I think many of us commissioners, including myself, got a lot of public input for the city-wide rezone. A lot of confusion on not knowing exactly what they were zoned in now, and that they just saw a letter in the mail that they were going to get rezoned. Just if we can, we talked about this with Ron after work session, but just if we can early on do some mitigation from a staff level. And folks who are going to come and speak during public hearing about making sure they understand the residential zoning is going to be minuscule changes, really nothing at all there. And then making sure confusion and whatnot gets filtered out before it comes in front of us, because we will have probably a very busy night next week. We're seeing some really serious cases that probably need some serious consideration and conversation. I want to try to just filter out some of the things that can be handled not in front of the dais, so thank you. >> The only thing I have is, next week is a special call session. So are the items limited in public hearings specific to the code and the map only? Nothing else is going to be put on the agenda? >> Correct, we may have one or two consent items. That was the only other, sort of as we were preparing the agenda. I didn't want to have any public hearing items or individual consideration items other than the code. We thought if there was a plat that could go at least as a consent item, a preliminary plat or a conveyance plat that really we didn't see too much of an issue with including that. We may have one or two or none, it really depends how to work through some issues today. But as it stands currently, it'll just be the DDC and then the map, so there'll be two different items. >> Well, as much as I can encourage, I'd like to see it stay that way, just to keep us on task. And especially for the people that are going to be here not to wait for massive items. The other thing is, I know city staff is working on some logistical procedures of how the night will go in terms of the flow of traffic. Can we just be ensured that during presentation at work session next week, either the entire commission or at least myself, has a pretty tight understanding of what the flow will be, how cards will be identified, all that. I know you might still be working that out, but I think it's going to be helpful to have them kind of vetted. But I've never participated in that sort of meeting. So any kind of heads up about what we can expect so we can look like experts would be helpful. >> Certainly, and we can even include sort of a summary or even almost like a chart, if you will, with the packet when it goes out on Friday. So at least you have somewhat of an idea and then we can further go into it even more, even prior to the start of that work session agenda. >> Great, and I spoke briefly offline with Ron about this. Can we include, as part of the public presentation, just kind of an overview of that crosswalk or just show individuals what kind of the current zoning to new zoning is. Back to Commissioner Smith's point, anything we can do to kind of proactively get to this confusion, I think would be super helpful. And I think that crosswalk goes a long way to understand, here's where you were, this is where you're going. Especially for detached single residencies in the residential zones. I know there is a significant change in the actual language, but practically speaking, there's not a lot of changes for those homes already built in a residential zone. And so if there's any way to kind of pacify that confusion, I think all the better. I completely agree with Commissioner Smith on that front. I think agreeing or disagreeing with the actual zoning changes is rightfully heard and processed through. But the confusion, we can just minimize that for efficiency. Any other points for the matrix? All right, seeing none, I will close this meeting at 644. Thank you.