Apr 08, 2020 Planning and Zoning Commission on 2020-04-08 6:30 PM (AMENDED 04-03-2020)

Please. Good evening, ladies and gentlemen, and welcome to the Plan and Zoning Commission public hearing for Wednesday, April 8th, 2020. It is 6 31 and seeing that we do have a quorum, I will call this meeting to order. The first item on our agenda this evening is to consider approval of the Plan and Zoning Minutes. We can take this meeting to order on the 4th of March, 4th, 2020. Commissioner Pernetta. >> Motion to approve. >> We have a first. >> Commissioner Anderson. >> I second the motion. >> We have a first and a second. Any discussion on the next item on the agenda? >> If there are none, I will call a vote by show of hands. All in favor? All opposed? Abstain. Motion carries 7-0. The next item of business for this evening is the consent item. We will take this in one vote, but before we vote, I did receive comments, so I wanted to at least provide it. We usually don't have comment for consent, but since they are in favor, I will call a vote. Thomas free is in favor of item 2A, PP20-009A, and Anaya Acosta in Fort Worth, she is also or he is also in favor of PP20-009A, and then the other feedback I have is for agenda 2C, FP20-0007, and that was from Amy Bissett in Denton, Texas, and she is in favor of that. I have received three cards, so to speak, from the public on the consent agenda, but the chair will entertain a motion on these items. Commissioner Ellis. >> I move approval. >> Do we have a second? >> Second. >> Perfect. We have a first and a second for the consent agenda. Any discussion? Seeing none, I will call for a vote by show of hands. All in favor? That's all 7, so that motion carries 7-0. The next item of business is moving into our individual considerations. The first item is item 3A, FP20-0002. Staff is recommending approval, but we do have a short presentation to view. Again, if you have any questions on this item, we are going to disappear from the screen as I know it, and we will see the plat have a short presentation, and then we will take a vote on that. Thank you. >> Richard, are you there? >> I'm here. Can you hear me? >> Thank you. We can now. >> Just wanted to briefly touch on the recommendation. There are two conditions of approval. The first is that we have a preliminary plat. We did a preliminary plat for this not long ago. So this is that first phase at their final platting. I will be happy to answer any questions. I also have staff online if there is anything that I cannot answer. >> Looks like we do have one question right now. Commissioner Beck? >> Yes. Richard, there was just -- everything was clear, but there was weird language on the recommendation that says recommends as it fails to meet the established requirements. Has that been amended? >> Yes. Yes. So the conditions of approval, we can pull them back up. >> No, I don't have an issue with the conditions or any of it. It's just the language of the wording under recommendation. It said staff recommends approval of this request as it fails to meet the established requirements. >> No, that would be it meets as it fails to meet the established requirements. >> That would be it meets. I think what happened is as with these plats, we get changes right up to the last minute, unfortunately. And so that just might have been an error in the staff report. >> Yeah, so as long as it's not inhibiting, that was my only question. >> Recommending of approval. >> Any other questions for staff on agenda item 3A? Commissioner Ellis? >> Thank you, chair. I'm assuming that the applicant knows the conditions and understands, correct, Richard? >> Correct. >> All right. Any other questions for item 3A? Okay. The chair -- oh, commissioner Anderson. >> No, I was going to make a motion to approve. >> Go for it. >> I make a motion to approve with the condition that it is staff approved instead of that as it fails, like commissioner Beck pointed out. >> Great. Thank you. We have a first. Commissioner Smith? >> Second. >> We have a first and a second for approval. Any discussion on this item? Seeing none, I'll call for a vote by show of hands. All in favor? That's all 7. Motion carries 7-0. Next item is item 3B, PP20-0006. And we also have a short presentation for this as well. This is a preliminary plat that staff is also recommending a conditional approval. You can see the conditions on the screen here in front of you. If you recall, this was a zoning amendment not long ago that rezoned out of a PD just west on Bonnie Bray, south of where the fire station is off of -- at Bonnie Bray, just north of where the southwest park is. With that, I'll be happy to answer any questions. >> Commissioner Beck? >> Yeah, Richard. The drainage plan -- it feels like we're a little cart before the horse. I know that we have these conditional approvals, but the drainage plan and some of the ESA plans and everything for that area, you know, we -- I mean, I guess we could stop it if it doesn't meet -- if the plan is not approved, that conditional becomes a conditional, but it feels like, you know, why should we approve something before we've seen that plan kind of thing? I feel like we're a little cart before the horse there. >> I think it's important -- >> And I have grave concerns about those ESAs and drainage. I mean, that's sort of one of my concerns. >> I think it's important to point out that this is a preliminary plat. So it does not give them any rights to develop. They couldn't pull a permit. And so even to get to that point, they would have to have the final plat approved by the commission. The condition states that they would not even be able to apply for that final plat until that downstream assessment is complete and approved. >> Is there any other questions? Seeing none, chair will entertain a motion on the item. Commissioner Smith. >> I take a motion to approve. >> We have a first for approval of commissioner Cole. >> Second. >> Second. >> We have a first and a second for approval. Any discussion on the item? Seeing none, I'll call for a vote by show of hands. All in favor? All opposed? And no abstaining. Motion carries 6-1. The next item of business is item 3C. There's not a presentation for this as it is being recommended for denial. However, the applicant is requesting an extension until May 6th. So if there's a commissioner who wanted a motion to postpone to a date certain, this would come back on May 6th for a full presentation at that time. Commissioner Smith. >> I make a motion to grant the postponement until date certain on May 6th. >> We have a first for approval with -- for approval to postpone until May 6th. Commissioner Anderson. >> I second the motion. >> Okay. We have a first and a second to postpone until May 6th, date certain. Any discussion on this item? Seeing none, I'll call for a vote by show of hands. All in favor? That's all 7. Motion carries 7-0. The next item of business is item 3D. It's the same situation as 3C. Staff is recommending denial. However, the applicant has requested an extension until May 6th. If there is a vote for that, we'll have a full presentation on May 6th. So is there a commissioner who would want to motion for this? Commissioner Smith. >> I make a motion to postpone to date certain on May 6th. >> We have a first for approval. Commissioner Ellis. >> I postpone it. >> All in favor? Got it. Commissioner Ellis. >> Second. >> We have a first and a second to postpone this item to a date certain of May 6th. Any discussion on this item? Great. I will call for a vote by show of hands. All in favor? That's 7. Motion carries 7-0. We have no public hearing items on tonight's agenda. That moves us to our final and concluding item is the planning and zoning project matrix. I will let Richard update us on any pertinent information for the matrix. >> Just a brief update on the deenergizing of the substation on blag. I know we had the encore plat that was on consent. I did hear from DME. Again, it has been deenergized. The load has been transferred to the other new station. Again, this is one of those that's a TMPA site. From what I understood from DME today from Chris, TMPA, Texas municipal power association is the acronym nearing the end of its life. What they expect is once TMPA essentially goes away, they would be transferring that asset. That asset most likely would be transferred to the city of Denton. At which time once the city takes that over, they would remove I think there's a small building out there as well as the equipment. So just wanted to provide that update. >> Commissioner Anderson? >> Is that -- can you hear me? Okay. Was that one of the concerns the last time this went before the commission I believe for some of the people that lived in that area was the power station? >> That was part of the SUP approval. We had I think the residents that lived across the street that had some concerns with that substation. >> Thank you, Richard. >> Is there any items that the commission would like to discuss or add to the matrix? Certainly if you have questions about the virtual meeting. I think it went well tonight but I don't know if anyone has anything to add. Richard, the assumption is by me that we have another P&Z this afternoon. What's the update on that or thoughts? >> As it stands today, because we kind of put a halt on accepting new applications, we don't have any that would have aligned with the meeting on the 21st. So it doesn't look like at this point in time that we will have a meeting on the 21st. But I'm not certain. If we do get a resubmittal in on a plat that's under the shot and we have that 15-day period to respond, so there might be a possibility. But, again, it might even just be an item on consent or one or two items on IC. But right now we're not anticipating a meeting on the 21st. >> Okay. Christopher Beck. >> Yeah, thank you, chair. Richard, I know that staff is super busy with all the delays and everything. And so do we have an anticipation for -- given this virtual meeting schedule, when we're likely to see more -- some of the more commonplace matrix items? Is that -- we're looking at May, June right now? >> Probably -- probably, honestly, May and June. I'm doing the same meetings with -- similar to this with staff right now. And so we're just kind of getting caught up on a lot of items. Believe it or not, we're still getting -- excuse me -- a lot of resubmittals. So they are staying -- or I should say we are staying relatively busy. Of course, some of the items, if they're shot clocked, they'll be in front of -- in front of this body. But we have a lot that are just under the administrative approval process that continually that aren't necessarily new applications, but are those resubmittals. I think we had seven or eight applications that came in already this -- this Tuesday. So -- which is a good sign, I think. But at least we're still seeing projects moving forward. >> Okay. Thank you. >> Christian Ellis. >> Richard, do you have -- you're not accepting new apps indefinitely right now? Is there a date on that or -- >> The latest order ends at the end of -- I'm sorry -- at the end of October. I know on the 21st, I believe they're looking -- I should -- our meeting was the 22nd. My apologies. I believe council on the 21st will look at that and discuss it. I think just discussing internally, seeing how it went last night with council as well as tonight with P&Z, just how it worked before we got into too deep. >> Is there any other items or questions we added to the matrix or updates? Seeing none, that concludes the P&Z commission meeting for this evening. I will close the meeting at 6:46. Thank you, everyone, and be