MINUTES PLANNING AND ZONING March 22, 2017  After determining that a quorum was present, the Planning and Zoning Commission oft the City of Denton, Texas convened in a Work Session on Wednesday, March 22, 2017 at 4:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which PRESENT: Chair Jim Strange. Commissioners: Larry Beck, Steve Sullivan, Andrew Rozell,  time the following items were considered: Margie Ellis, and Gerard Hudspeth. ABSENT: Vice-Chair Devin Taylor.  STAFF: Munal Mauladad, Shandrian Jarvis, Ron Menguita, Athenia Green, Julie Wyatt, Hayley  Zagurski, Earl Escobar, Trey Lansford and Cathy Welborn.  WORK SESSION  Chair Strange called the Work Session to order at 4:34 p.m.  1.Clarification of agenda items listed on the agenda for this meeting. and discussion ofissues not Shandrian Jarvis, Development Review Committee Administrator, asked the Commissioners if they had questions regarding the March 8, 2017 meeting minutes. The Commissioners had no Jarvis asked the Commissioners if there were any questions regarding the plat on the Consent Agenda. Commissioner Beck questioned if Creekdale Drive would be wide enough to handle the traffic. Earl Escobar, Engineering Development Review Manager, stated it would be considered a Commissioner Sullivan questioned if Ryan Road would be widened. Escobar stated there is no time frame on the update ofRyan Road, staffa applied for at traffic signal, howeverit was denied by the Texas Department of Transportation (TxDOT) because it did not meet the traffic warrant Jarvis stated Public Hearing items 4B and 4C have been postponed until the April 12, 2017 Hayley Zagurski, Associate Planner, presented Public Hearing item 4A. Zagurski stated this item is proposed for Downtown Commercial General (DC-G) with the other two adjoining properties tol help facilitate future development. With this zoning change it will allow for a more cohesive development under one set of zoning regulations. It also promotes pedestrian and bicycle transportation close to campus. Staff recommends approval, of this requests as it is compatible  briefed in the written backup materials.  questions regarding the March 8, 2017 meeting minutes.  residential collector which is ai two lane road with parking on both sides.  counts. meeting.  with the surrounding land uses.    Commissioner Ellis questioned if the lots are platted. Zagurski stated currently they are not, but the owner did state they would like toj plat the three lots together in the future. Commissioner Ellis questioned where the Fry Street Overlay District ends coming west. Hayley stated the Fry Street District goes up to Ave B. Commissioner Beck questioned if this would affect Hickory Street. Escobar stated Hickory and Oak Street are considered one way collector streets and the maximum capacity for Hickory Street is approximately 10,000 vehicles per day. Jarvis questioned Escobarif there are current traffic counts for Hickory Street. Escobar stated yes there are about 6,000 vehicles Commissioner Beck questioned the total acreage for the properties. Zagurski stated just over one Commissioner Rozell questioned how traffic is played into the approval process ofaz zoning case. Zagurski stated the applicant was unsure of the future intent of the property sO a Traffic Impact Analysis (TIA) was not required. Escobar stated if the area is a sensitive area for traffic staff will require a TIA, however, since this property is currently developed and the future development is Jarvis questioned if there are any guidelines if the roads are unable to handle the traffic. Escobar stated if the road does not exist the development would be required to construct the road. Commissioner Sullivan questioned then how the Commission can vote on changing the zoning if they are unaware of the future development. Jarvis stated zoning requires a bit of foresight, you have to think about what would be permitted to go in that spot and ifit would work or not. Commissioner Ellis stated her concern ist the applicant will replat and sell withi it zoned at al higher Ron Menguita, Long Range Planning Administrator, presented Public Hearing item 5D. The amendment is to allow a Specific Use Permit (SUP) requirement for multifamily dwelling units in the Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (DC-N) and Commissioner Beck questioned if in Limitation (L(6)) you have to build multifamily above commercial. Menguita stated yes as long as it's on an arterial or collector street. Commissioner Beck questioned with higher lot coverage means higher density. Menguita stated Commissioner Sullivan questioned how the Single Room Occupancy (SRO) are categorized in the parking requirements. Menguita stated currently the SRO's are categorized as multifamily. Ellis questioned if City Council is considered the approval authority for a Specific Use Permit (SUP). Menguita stated yes, City Council approves an SUP through an ordinance. Menguita stated staff recommends approval of this request to provide ai tool to evaluate the appropriateness of the Ellis questioned ifi it was too hard to define SRO and provide code requirements for this type of development. Menguita stated that there are development pressures in the form of SROs that are impacting the area. Menguita continued to state City Council received a staff presentation  per day currently using Hickory Street.  acre combined.  unknown it's not required.  density.  Downtown Commercial General (DC-G)zoning districts.  yes that is correct.  land use and toj provide alternative requirements through an SUP.  2    regarding SROs, and they directed staff to come back with options that would address issues Munal Mauladad, Director of Development Services, stated City Council requested staff to evaluate the implication ofs SRO's and collegiate housing. Mauladad continued to state the SUP Commissioner Rozell questioned if there have been any projects in the City that have taken advantage of developing by right. Menguita stated staff has had different zoning cases such as the one located on the corner of Eagle Drive and Bernard Street. Commissioner Rozell questioned if there has been any feedback from citizens or the City. Menguita stated staff has received some feedback, some were in favor and some were opposed. Jarvis stated staffis looking to find a way to allow this type of development in the community, but to do it in a way that is compatible with Chair Strange stated he is concerned the Commission is down zoning by adding requirements for an SUP, this is just another opportunity for a public hearing process to minimize what they can already develop by right. Menguita stated the approval process may take longer with an SUP, but the Planning and Zoning Commission is able to make a recommendation without conditions to Commissioner Sullivan requested a copy of the SUP requirement presentation, he continued to state ifthe Commission is here tol like or dislike this option andi ifthey are tryingtosolvea; problem, or cause a problem. Menguita stated we are trying to solve aj problem, this process will provide a Commissioner Ellis stated she has similar concerns as the other Commissioners as well as negatively effecting people it doesn't need to effect. Mauladad stated staff understands the Commissioners concerns, but ifthe issue is with the density, building height or parking ratio, then staff needs to provide revised requirements ofthe multifamily development standards that would require a SUP; this would then allow the public to voice their opinion. Staff has also researched collegiate housing and the City Council has requested stafft to come back with an ordinance. Commissioner Ellis requested the concerns City Council had regarding this item. Mauladad stated City Councils view point was not an issue with collegiate housing as the density relates to Mauladad stated an SUP can actually be very favorable for the developers, it will allow the community to understand the project. Chair Strange stated his recommendation is to move this item forward to City Council, to allow them to make the decision for this item. Commissioner Rozell recommended. makingab bufferzone that allows for less dense and height collegiatel housing. Commissioner Hudspeth, stated he recommends not sending this back to City Council until Trey Lansford, Deputy City Attorney, stated reaching out to developers is a good idea, however don't use it to go around the quorum rules. Commissioner Hudspeth stated in this case the Commissioner Beck stated there is only one area we are going to be dealing with and it's going to  related to SROs.  ist to be used as at tool for future land use analysis.  the neighborhood.  City Council.  solution to the developments that cause issues to adjacent neighborhoods.  multifamily development.  citizens and developers could sit down and provide input and concerns. Commission needs to compromise with the citizens and developers.  3    be the sensitive areas located north oft the University of North Texas (UNT) area.  Commissioner Beck recommended with the Denton Development Code rewrite it needs to towards the SROs and then it could be used as a tool to protect the area north ofUNT.  include a stipulation  There was no further discussion. REGULAR MEETING  Chair Strange closed the Work Session at 6:07 p.m.  The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, March 22, 2017 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the NOTE: The Planning and Zoning Commission reserves the right to adjourn into a Closed Meeting on any item on its Work Session or Regular Session agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086of  following items were considered:  the Texas Open Meetings Act. 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag  Chair Strange opened the regular meeting at 6:35 p.m.  2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES  FOR:  A. Consider approval of the Planning and Zoning Commission meeting minutes.  Commissioner Andrew Rozell motioned. Commissioner Steve Sullivan seconded to approve the March 8, 2017 meeting minutes. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner Margie Ellis "aye", and Commissioner Gerard Hudspeth "aye".  3. CONSENT AGENDA  A. Consider a request by DR Horton for approval ofa Final Plat of Ryan Meadows, Phase II. The 37.75 acre site is generally located 650 feet south of West Ryan Road, along Creekdale Drive. Commissioner Margie Ellis motioned. Commissionerl Larry Beck seconded to approve the Consent Agenda. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner. Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner Margie Ellis  (FP16-0010. Ryan Meadows, Phase II.Julie Wyatt).  "aye", and Commissioner Gerard Hudspeth "aye".  4. PUBLIC HEARINGS  A. Hold aj public hearing and consider a request by MSGS-B. Ltd. to rezone approximately 0.550 acres from a Downtown Residential 2 (DR-2)District to a Downtown Commercial General (DC- G) District. The property is located at 1604 West Hickory Street approximately 85 feet east of  7    North Avenue C in the City of Denton, Denton County, Texas. (Z16-0028. Harris, Hayley  Zagurski)  Chair Strange opened the Public Hearing.  Hailey Zagurski, Associate Planner, presented Public Hearing item 4A. Zagurski stated the rezone would allow for cohesive future redevelopment to be under one set of zoning regulations. This will provide housing for the University ofNorth Texas. Zagurski stated Downtown Commercial General (DC-G) does allow for a higher density than Downtown Residential 2(DR-2). Staff does recommend approval due to the compatibility with the surrounding land use and it's consistency The applicant Gary Chang, 3608 Lake County Drive, Denton Texas, stated MSGS is a local property management company and have been in the community since 1982. Chang stated the property will consist ofa leasing office and ai multifamily unit. Commissioner Beck questioned if the intent oft this zoning change was in order to build a 45 to 100 foot building. Chang stated yes. Commissioner Beck questioned how they are planning parking. Chang stated they would build a Commissioner Sullivan stated this would be a great place for a staggered building height that would be more sensitive to the neighborhood. Chang stated this lot is surrounded by other  with the goals and objectives oft the Denton Plan 2030.  parking garage or do shared parking.  apartment complexes and a CVS, which should provide enough ofa transition.  The following individuals requested to speak:  Kim McKibben, 1306 West Hickory, Denton Texas. Opposed to this request. Paul Meltzer, 1914 West Oak Street, Denton Texas. Opposed to this request.  Commissioner Ellis questioned Kim McKibben what she envisions for this location. McKibben Commissioner Beck questioned Chang if he sees the future development accommodating Single Chang stated they have no plans for SROs because they will deal more with multifamily units. Commissioner Ellis questioned ift the applicant will be acceptable to an overlay to scale down the height ofthe building. Chang stated they would be open to an overlay, but at the same time ifE Park 7is able to build a ten story building than why are we unable to build a ten story building right  stated maybe a four story building. Room Occupancy's (SRO).  across from campus.  Chair Strange closed the Public Hearing.  Commissioner Ellis stated she is having a hard time with this because ifit is rezoned Downtown Commercial General (DC-G), than we could have a 100 foot building in this area. Commissioner Commissioner Ellis stated this zoning change will open doors she ist not ok opening. Commissioner Sullivan agreed with Commissioner Ellis and stated itl has nothing to do with the people involved, he is unable to trust the unknown. Chair Strange stated he supports the motion and there is not a more appropriate location use than across from the university. Commissioner Beck questioned if  Hudspeth stated he does agree with the rezone, it does belong in this area.  8    the Commission could attach amendments that includes an overlay. Trey Lansford, Deputy City Attorney, stated if the applicant is amenable to an overlay. Munal Mauladad, Director of Commissioner Gerard Hudspeth motioned. Commissioner Andrew Rozell seconded to approve Public Hearing item 4A. Motion approved (4-2). Commissionerlary Beck aye",Commissioner: Andrew Rozell "aye", Chair Jim Strange "aye", and Commissioner Gerard Hudspeth "aye". B. Hold a public hearing and consider a request by Di Realty, Inc. to rezone approximately 29 acres from a Regional Center Residential 1 (RCR-1) District and a Regional Center Commercial Downtown (RCC-D) District toa Commercial Mixed Use General (CM-G) District. The property is generally located on the northwest and southwest corners of Lakeview Boulevard and Shady  Development Services, stated the overlay would only be specific to one lot.  Commissioner Steve Sullivan "nay", and Commissioner Margie Ellis "nay".  Shores Road. (Z17-0002. Kroger Denton, Julie Wyatt). Chair Strange opened the Public Hearing for 4A. Applicant requested to continue this item until April 12, 2017.  Commissioner Andrew Rozell motioned. Commissioner Gerard Hudspeth seconded to continue this item until April 12, 2017. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner Margie Ellis "aye", and Commissioner Gerard Hudspeth "aye". C. Hold a public hearing and consider a request by Aspire Investments. LLC. to rezone approximately 0.4 acres from a Downtown Residential 1 (DR-1) District to a Downtown Residential 2 (DR-2) District. The property is generally located on the west side ofNeff Street, 175 feet north of Greenlee Street. (Z16-0030, The Cube Properties. Julie Wyatt). The applicant has requested that this item be continued to the April 12. 2017 Planning and Zoning Commission  meeting.  Chair Strange opened the Public Hearing.  Applicant requested to continue this item until April 12, 2017.  Commissioner Larry Beck motioned. Chair Jim Strange seconded to continue this item until April 12, 2017. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair. Jim Strange "aye',Commissioner: Margie Ellis D. Hold a public hearing and consider making a recommendation to City Council regarding amending Subchapter 35.5 of the Denton Development Code (DDC) by adding a Specific Use Permit SUP)requirement for multi-family dwelling units in the Downtown Residential 2(DR-2). Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G)  "aye", and Commissioner Gerard Hudspeth "aye".  zoning districts. (DCA17-0005. SUP Requirement, Ron Menguita)  Chair Strange opened the Public Hearing.  Ron Menguita, Long Range Planning Administrator, presented Public Hearing item 4D. Menguita stated this is to consider making a recommendation to City Council to add Specific Use Permit (SUP) requirements to the following multi-family dwellings in the Downtown Residential 2 (DR-  9    2), Downtown Commercial Neighborhood (DC-N), Downtown Commercial General (DC-G) Menguita stated by adding the code amendment for a SUP this will allow the Planning and Zoning commission and the community to come together and address concerns regarding the impacts a Commissioner Ellis questioned when this would go into effect. Menguita stated if City Council approves this Code Amendment at the April 4, 2017 meeting, than it will be 14 days after the  zoning districts.  multifamily dwelling will have on the neighborhood.  approval.  The following individuals wished to speak:  Kim McKibben, 1306 W Hickory Street, Denton Texas. Undecided to this request. Paul Meltzer, 1914 West Oak Street, Denton Texas. Undecided to this request.  Chair Strange closed the Public Hearing.  Commissioner Beck questioned Trey Lansford, Deputy City Attorney who initiates overlay districts and: small area plans. Lansford stated, itcould be Cityorito can bei residents. Commissioner Beck questioned who within the City would initiate it. Shandrian Jarvis, Development Review Commissioner Beck stated he is for amending subchapter 35.5. Commissioner Ellis questioned Menguita ifCity Council talked about small area plans. Menguita stated yes, but there was not a specific timeline. Chair Strange stated this does not send a good message to developers coming to Chair Strange motioned denial and move it on to City Council. Commissioner Rozell seconded to deny and move to City Council. Commissioner Beck stated he believes this amendment is specific enough and thei intent is clear. Commissioner Ellis stated she supports denial ofthis item and hopes City Council denies it as well. Commissioner Hudspeth stated this amendment needs developer Chair. Jim Strange motioned. Commissioner Andrew Rozell seconded to recommend denial to City Council for Public Hearing item 4D. Motion approved (5-1). Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair. Jim Strange "aye", Commissioner Margie Ellis "aye",  Committee Administrator stated Ron Menguita.  the City to do business.  and stakeholder input.  and Commissioner Gerard Hudspeth "aye". Commissioner Larry Beck "nay". 5. PLANNING & ZONING COMMISSION PROJECTI MATRIX A. Planning and Zoning Commission project matrix.  Commissioner Ellis requested an update regarding larger signage for Public Hearing cases. Commissioner Rozell requested the next steps fora a small area plan located between the West Oak Historic District and the Oak-Hickory Historic District. Commissioner Hudspeth followed up on his request for a developer workshop. Commissioner Beck questioned the review on the parking space requirements. Shandrian Jarvis, Development Review Committee Administrator, stated the parking amendment will be rolled into the DDC rewrite and staff is working on the notification  process, it will go before City Council on April 25,2017. Chair Strange closed the Regular Meeting at 8:34 p.m.  10    X Jim Chair  ktronge  9  xLA - - 1  Catherine Welborn Administrative Assistant II  11