MINUTES July 12, 2017  PLANNING AND ZONING COMMISSION  After determining that a quorum was present, the Planning and Zoning Commission of the City of] Denton, Texas convened in a Work Session on Wednesday, July 12, 2017 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the  following items were considered:  PRESENT: Chair Jim Strange Vice-Chair Devin Taylor, Commissioners: Larry Beck,  Steve Sullivan, Andrew Rozell, and Margie Ellis.  ABSENT: None.  STAFF: Ron Menguita, Bob Makowski, Julie Wyatt, Hayley Zagurski, Nikole Chew-  Jones, Athenia Green, Jennifer DeCurtis, and Cathy Welborn.  WORK SESSION  1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may include a full briefing on an item in the order it appears on the regular session agenda. Any such  briefing will be repeated in regular session. Chair Strange opened the Work Session at 5:02 p.m.  Ron Menguita, Long Range Planning Administrator, called on Julie Wyatt, Senior Planner to Wyatt stated the property is located on the northwest side oft the City, the request is to allow initial zoning of] Employment Center Commercial (EC-C) District on approximately 16 acres. Wyatt stated Elm Street and Barthold Road will realign to connect in the future. Wyatt stated staff recommends approval of the request as it is compatible with the surrounding land uses. It is also consistent with the goals and objectives oft the Denton Plan 2030. Commissioner Beck stated the truck wash does not fit the criteria of Business Innovation. Menguita stated one of the goals of the Denton Plan 2030 is to start looking at places in the City Commissioner Ellis questioned if the gas pipeline located on the site will be an issue for the development. Wyatt stated they will have to meet all set-back requirements when it comes down  present Public Hearing item A.  that can accommodate Business Innovation.  tos site plan and platting.    Julie Wyatt, Senior Planner, presented Public Hearing item B. Wyatt stated the request is for a Specific Use Permit (SUP) to allow for a drive-through on approximately 1.11 acres. Chair Strange questioned ift the previous McDonalds located on the site has an SUP. Wyatt stated no, it was developed prior to the creation of the Denton Development Code (DDC). Commissioner Ellis question how someone would be able to access the site ift they were coming south on North Texas Blvd.Jim. Jenks, Senior Engineer, stated according to the Texas Department ofTransportation (TxDOT) schematic there will be a median along North Texas Blvd, SO south Wyatt stated staff recommends approval with two conditions 1.1 It complies with the attached site plan, landscape plan, and building elevation, 2. Signage on North Texas Blvd. is limited to one monument sign,restricted to ai maximum height offivef feet, ai maximum effective area of40s square feet and is constructed of masonry or stone to complement the primary structure. Commissioner Rozell requested the standards for monument signs. Wyatt stated ai monument sign Commissioner Rozell questioned what the effective area of a monument sign consists of. Wyatt stated the effective area is the shape or combination of regular shapes that will encompass the extreme limits of the writing, representation, emblem, or other displays of the sign. Wyatt stated Chair Strange stated several years back when the talk ofInterstate 35 (I-35) being improved, there was going to be concession made for existing property owners. Chair Strange stated thisi is aj prime example of those special circumstances. Wyatt stated McDonalds is considered a Special Exception staff looked at this but the DDC has aj provision called "special exception" and because the use was developed under a previous code. Under the provisions of the DDC, McDonald's expansion of its Special Exception into the adjacent, it was considered a special exception. But Chair Strange stated the only reason they are expanding into the IHOP lot is because their business was taken out by the I-35 expansion. Wyatt stated that is correct; however, per Subchapter 11 of the DDC, expansion of the Special Exception onto an adjoining lot requires approval by the City Commissioner Sullivan questioned if staff could find out what McDonalds was approved for in regards to signage before and allow them to follow those requirements. Wyatt stated staff would Jennifer DeCurtis, Deputy City Attorney, stated when you expand a Special Exception the code requires staff to follow a specific procedure. DeCurtis stated the applicant decided to do the SUP.  bound traffic along North Texas Blvd would not be able to access the site.  in the City of Denton does not have ai maximum effective area.  there is no maximum effective area: for monument signs.  sinçe the McDonalds is expanding onto the IHOP lot is limited.  Council through the zoning procedure.  have to verify that it follows current sign requirements.  Hayley Zagurski, Associate Planner, presented Public Hearing item C.  2    Zagurski stated the request is for an SUP that would allow forar multifamily use. The applicant is proposing a 10 unit complex. Each unit will have ai rear yard that is fenced in. Zagurski stated they are preserving all the trees and using a Type-B buffer to separate the adjoining single-family use Staffrecommends approval oft the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030, subject to the following conditions: 1. the proposed use must substantially comply with the attached Site Plan, Landscape, Commissioner Ellis questioned ift there is a drainage issue in this location. Zagurski stated she is aware ofs some flooding along Riney Court but when stafflooked into it there had been no rain in awhile SO staff was unable to verify the issue. Zagurski stated when the applicant gets to the site plan process their drainage will be analyzed in terms of existing conditions and developed Chair Strange questioned the allowance of parking on Riney Road and Riney Court. Jenks stated parking would be permitted on either street, but the widths of Riney Road and Riney Court don't Commissioner Ellis questioned if there is a plan to update Riney Road. Jenks stated not that he is  from the proposed multifamily development.  and Building Elevations.  conditions to ensure there will be no negative impact to adjoining properties.  allow for parking on the street. aware of any plans for improvement.  Chair Strange closed the Work Session at 6:02 p.m.  REGULAR MEETING  The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, July 12, 2017 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the  following items were considered:  Chair Strange opened the Regular Meeting at 6:34 p.m.  1. PLEDGE OFALLEGIANCE A. U.S. Flag B. Texas Flag  2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES A. PZ17-116 Consider approval ofthe Planning and Zoning Commission meeting minutes. Vice-Chair Devin Taylor motioned, Commissioner Larry Beck seconded to approve the June 28, 2017 meeting minutes. Motion approved (5-0). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", and  FOR:  Chair Jim Strange "aye". Commissioner Margie Ellis "abstained".  3    3.] PUBLIC HEARINGS  A. Hold aj public hearing and considerar request by H3H,LLC fora an initial zoning ofE Employment Center Commercial (EC-C)District on approximately 16 acres. The property is generally located on the north side of Barthold Road, approximately 340 feet west of the I-35 Southbound Service  Road. (Z17-0011. Blue Beacon Truck Wash. Julie Wyatt) Chair Strange opened the Public Hearing  Julie Wyatt, Senior Planner, presented Public Hearing item 3A. Wyatt stated the request is to rezone 16 acres from Rural Residential 5X (RD-5X) to district tol Employment Center Commercial  (EC-C).  The following individual spoke during the Public Hearing:  Dana Morris. 500 Graves Blvd, Salina Kansas, 67401. Supports this request. Rick Shuffield, with Loves Travel Stops, supports this request.  Chair Strange read into the record an email: Chair Strange closed the Public Hearing.  Vice-Chair Taylor stated this development is compatible for this area, but to keep in mind that the Business Innovation District should be reserved for office parks. Vice-Chair Taylor continued to  state because ofInterstate 35 (I-35) this is a logical use.  There was no further discussion.  Vice Chair Devin Taylor motioned. Commissioner Margie Ellis seconded to approve Public Hearing item 3A. Motion approved (6-0). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim B.] Holda lapublic hearing and consider a request by Franchise Realty Interstate Corp for a Specific Use Permit to allow for a drive- through facility on approximately 1.11 acres. The property is generally located east of North Texas Boulevard, between I-35E and Wilshire Street. (S17-0004.  Strange "aye", and Commissioner Margie Ellis "aye".  McDonalds, Julie Wyatt).  Chair Strange opened the Public Hearing.  Julie Wyatt, Senior Planner, presented Public Hearing item 3B.Wyatt stated the request is for a Specific Use Permit (SUP) to allow for a drive-through facility on approximately 1.11 acres. Commissioner Beck requested Wyatt to show the drive-through process. Wyatt stated a person would have to go around the building to the drive-through since it isa a one-way.  4    During the Work Session the Commission had questions regarding the signage for the property. Wyatt clarified for the Commission that any ground signs in this location cannot exceed six feet in height. Wyatt continued to state there are no limitations for the effective area for monument Vice-Chair Taylor questioned the total stacking requirements oft the drive-through. Wyatt stated it Commissioner Sullivan questioned why the McDonald's is not allowed to have what they had before and allow the two pole signs. Wyatt stated staff is requiring the applicant to comply with Wyatt stated the applicant provided a landscape plan which includes parking lot screening, tree canopy, and enhanced landscaping around the menu boards. This landscape plan does meet the Wyatt stated restaurants are permitted in Downtown Commercial General (DC-G) but drive- through uses are: not permitted without a SUP. The future land use oft this areai is commercial. Staff recommends approval with the following conditions: 1. the proposed use must substantially comply with the attached Site Plan, Landscape Plan, and Building Elevations. 2. Signage on North Texas Blvd is limited to one monument sign, restricted to a maximum height of five feet, a maximum effective area of 40 square feet, and constructed of masonry or stone to complement the Vice-Chair Taylor questioned if the parking requirements were calculated correctly based on an opposition letter received by the University of North Texas. Wyatt replied yes the parking requirements are correct they can be calculated by square footage or by seating.  signs.  does meet the City's stacking requirements of five cars.  the current code requirements.  Denton Development Code (DDO)requirements.  primary structure.  The following individuals spoke during the Public Hearing:  Greg Massey, 2933 S Bryant Ave. Edmond Ok, 73013. Supports this request. Ben Aguirre, 1204 S 129th Street, Oklahoma City Ok, 73170. Supports this request. Jimmy Lopez, 2020 Laurel Valley Drive, Keller TX, 76248. Supports this request. Sejin Brooks, 808 Nueces Street, Austin TX, 78701. Supports this request. Amy Armstrong. 23101 NI I-35 east, Denton TX, 76210. Opposes this request.  Commissioner Rozell questioned what size sign the applicant would like to see. Greg Massey, with Red Plains Professional; Engineering Consultants for McDonald's stated they will comply with city regulations. Massey stated they are in agreement with staff on the five foot monument sign on North Texas Blvd, but they still want to request the forty foot pole sign on I-35 frontage. Commissioner Ellis askedi ifKendolph Drive is going to be closed permanently. Jim. Jenks, Senior Commissioner Beck asked the applicant, Greg Massey, what is the plan to alleviate traffic backup on the Frontage Road ofI-35. Massey stated the engineers for McDonald's will review the traffic flow during the Site Plan submittal. Massey stated iftherei is a need for extra curbage to minimize  Engineer, stated Kendolph Drive will be closed.  the traffic issue: it will be determined at that time.  5    Vice Chair Taylor questioned how the double order single lane operates. Ben Aguirre, the Area Construction Manager for McDonald's, stated it is called a one to one which splits into two order points and merges back into one lane. Aguirre stated it handles quick arrival rates better and Amy Armstrong, Interim News Manager oft the University of North Texas, read a statement from Commissioner Beck asked Armstrong if the parking issue detailed in her letter was alleviated by staff's determination on the required parking. Armstrong stated she would have to speak with Commissioner Rozell stated hel has several questions regarding the letter submitted by Armstrong but fears there will not be any responses to his questions. Commissioner Rozell questioned how there is an issue with stacking when there was a McDonald's there for forty years. Armstrong stated the statement is all the information she has but is able to get answers for the Commission. Chair Strange requested Commissioner Rozell to state his questions for the record.  prevents long stack outs. the University ofNorth Texas.  others on campus before agreeing.  Commissioner Rozell stated he find it interesting that based on an investment that North Texas voluntarily put into redoing landscaping and the relocation of a monument sign that they are holding their neighbors to a higher standard than the landscape requirement by the CityofDenton. Commissioner Rozell questioned if the McDonalds had a choice to be torn down. Sejin Brooks, with the Law Office of Barron, Adler, Clough and Oddo, stated the Texas Department of Transportation (TxDOT) cut the building back. Commissioner Rozell skdirweDomaldiscoud continue operating after the building was cut back by TxDOT. Brooks replied no, TxDOT Commissioner Ellis questioned Armstrong on what UNT would see as an ideal development on this site. Armstrong stated she would be happy to get that information for Commissioner Ellis. Vice-Chair Taylor stated he appreciates the detail in the letter from UNT, but stated his issues with the way UNT is criticizing this development and are undermining their own arguments by their  demolished the building.  behavior in the area.  Chair Strange closed the Public Hearing.  Commissioner Sullivan asked how many UNT students were employed at this MeDonald's.immy Lopez, Regional Construction Manager for McDonalds, stated there were fifty to sixty employees Commissioner Beck stated for the record he is disappointed in UNT for sending someone that is  and roughly halfoft them were UNT students. not prepared to answer questions.  6    There was no further discussion.  Commissioner Larry Beck motioned. Commissioner Andrew Rozell seconded to approve Public Hearing item 3B with only condition 1. The proposed use must substantially comply with the attached Site Plan, Landscape Plan, and Building Elevations. Motion approved (6-0). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis C. Hold aj public hearing and consider a request by Not Quite 4A Properties LP fora Specific Use Permit to allow for a multi-family use on approximately 0.9 acres. The property is generally located on the north side of the Riney Road and Riney Court intersection. This item has been postponed from the June 28. 2017 Planning and Zoning Commission meeting. (S16-0007, Riney  "aye".  Road Apartments, Hayley Zagurski). Chair Strange opened the Public Hearing.  Hayley Zagurski, Associate Planner, presented Public Hearing item 3C. Zagurski stated thei request fora a Specific Use Permit (SUP)ist to allowan multi-family use on approximately 0.9 acres on Riney Road. Zagurski stated the site plan includes two buildings with five apartments in each building.  Zagurski stated this case will require a super majority vote at City Council.  Zagurski stated staffrecommends: approval with the following condition: 1.t the proposed use must substantially comply with the attached Site Plan, Landscape Plan, and Building Elevations. Vice-Chair Taylor questioned ift there is bicycle parking on the site. Zagurski stated she does not Commissioner Ellis questioned ifv waste management will be able to empty the dumpster and turn in and out appropriately. Zagurski stated it was reviewed with this request and will be reviewed in more detail during the Site Plan Submittal. Jim Jenks, Senior Engineer, stated staff does not require sites with a shorter drive aisle to have a turnaround provision for the trucks, when they are  believe there is any bike parking incorporated.  able to back up into the street.  The following individuals spoke during the Public Hearing:  Brad Andrus, 8855 FM1173, Krum TX, 76249. Supports this request. Janis Cunningham, 35101 N. Elm Street, Denton TX, 76207. Opposed to this request.  Andrus stated he is open to adding the bike rack requested by Vice-Chair Taylor.  Commissioner Beck questioned if there were would be any added drainage issues with the development. Jenks stated if there is a drainage issue, it will be minimal to the current drainage  issue, but staff will address the drainage concerns during the Site Plan process.  Chair Strange closed the Public Hearing.  7    Chair Strange, Commissioner Ellis, and Commissioner Beck agreed this is a good location for this Vice-Chair Devin Taylor motioned. Commissioner Andrew Rozell seconded to approve Public Hearing item 3C with the recommendation of an additional condition to add bike parking at a 1 bike to 10 car ratio. Motion approved (6-0). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim  development.  Strange "aye", and Commissioner Margie Ellis "aye". 4. PLANNING & ZONING COMMISSION PROJECT MATRIX A. PZ17-117 Planning and Zoning Commission project matrix.  Commissioner Rozell questioned what is being discussed in Texas special legislative session that could affect the City ofDenton's s tree code. Jennifer DeCurtis stated there was bill introduced that restricts the credits paid into the tree fund. Bob Makowski, Planning Supervisor, stated there are two bills in the special session that will wipe out local tree ordinances and take away the right of Chair Strange questioned if there are any future items coming before the Commission. Ron Menguita, Long Range Planning Administrator, stated there is a small areaj plan and the results of  home owners associations to restrict people from cutting down their own trees.  the notification discussion with City Council. Chair Strange closed the Regular Meeting at 8:14 p.m.  Jims Strange - x Chair  yo  X Catherine Welborn Administrative Assistant  8