MINUTES PLANNING AND ZONING March 8, 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 8, 2017 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time PRESENT: Chair. Jim Strange, Vice-Chair Devin Taylor, Commissioners: Larry Beck, Steve  the following items were considered:  Sullivan, Andrew Rozell, Jim Strange, Gerard Hudspeth, and Margie Ellis.  ABSENT: None  STAFF: Munal Mauladad, Athenia Green, Julie Wyatt, Hayley Zagurski, Trey Lansford, Jennifer  DeCurtis, Cathy Welborn, and Earl Escobar.  WORK SESSION  Chair Strange called the Work Session to order at 5:07 p.m.  1.Clarification of agenda items listed on the agenda for this meeting, and discussion ofi issues not Munal Mauladad, Director of Development Services, stated Public Hearing item 5A would be Mauladad asked the Commissioner's ift they had any questions regarding the plats on the Consent Agenda. The Commissioners had no questions regarding the Consent Agenda items. Mauladad called on Hayley Zagurski, Assistant Planner, to present Item for Individual Zagurski presented Item for Individual Consideration 4A. Zagurski stated she handed out an updated site plan which included the following changes: 1. The applicant added labeling on the site plan to indicate future development parking spaces located north of the water treatment pond, Zagurski stated Section 35.14.4.D.5 ofthe Denton Development Code (DDC) requires one space for every 450 SF of gross floor area for general office use. Based upon the square footage ofthe three offices shown on the site plan, the required parking for this development would be 27 spaces. The applicant is requesting an ADP to deviate from DDC 35.13.10.B.1.d, which states that any parking spaces which exceed the required number of parking spaces must be constructed with pervious surface. The applicant is proposing to construct a total of 39 parking spaces with an impervious surface, exceeding the required number ofimpervious parking spaces by 12.  briefed in the written backup materials.  moved and discussed after Public Hearing item 5E.  Consideration 4A.  and 2. removal ofa provision that wasi no longer necessary.  1    Commissioner Beck questioned if the water treatment pond is open. Zagurski stated from her Zagurski stated the large scale development standards in Section 35.13.13.5 of the DDC are intended to minimize potential nuisances generated by developments with a gross floor area of over 40,000 SF by requiring architectural variety in building design as well as buffering between the development and adjoining residential uses. The applicant has proposed to vary from these requirements. She provided buffer requirements as well asl how the applicant plans to deviate from Commissioner Rozell questioned why staffisnoti requiring parking spaces for thej proposed 40,000 square feet of buildings, or why is staff requiring large scale development parking for a 12, 000 square feet development. Zagurski stated when the applicant originally purposed the development, it was their intent to develop over 40,000 square feet of buildings across the entire office park, Mauladad stated one oft the elements associated with this development ist the applicant is proposing an office campus development and as a result staffi is looking at the proposal comprehensively. Zagurski stated staff recommends approval of this request based on the following conditions: 1. the proposed development must substantially conform to the attached site plan. 2. The proposed development must substantially comply with the attached landscape plan with the following modifications: a. In addition to the proposed shrubs located in front of the building along Fort Worth Drive, ai minimum five-foot wide planting area consisting ofthe proposed shrubs as well as tall grasses must be planted in a curvilinear fashion along the building frontage to visually soften the transition between the street and building. b. A 6-foot opaque masonry screening wall compatible with the building facades must be provided ont the southern property line in addition to the required buffer to provide year-round screening of the property. 3. All screening walls for mechanical equipment must be constructed of masonry materials compatible with the building facades. In addition, a mixture of shrubs and tall grasses must be planted around the perimeter of the screening walls. 4. Building 1, as identified on the site plan, must substantially comply with the attached elevation. Buildings 2 and 3 must be constructed of masonry materials and must be similar in design to the attached elevation sO as to create a cohesive sense of development throughout the office park. 5. Any future phases must be uniform as it relates to frontage, setbacks, building materials, and landscaping along Fort Worth Drive and Mission Street. Commissioner Beck questioned why staff changed the height oft the wall from eight (8) foot tos six (6) foot. Zagurski stated staff determined six (6) foot would be appropriate based on the scale of the individual buildings. Vice-Chair Taylor questioned the phasing of the water treatment pond. Zagurski stated the applicant is intending on a larger water treatment pond as future phases come Vice-Chair Taylor questioned why the applicant wouldn't go ahead and submit one. ADP for the entire property. Mauladad stated at this point the intent is to develop an office campus, however, the applicant requested to proceed with an ADP for just this portion of the development with the  understanding it would be an open pond.  the requirements.  however, the applicant would like to develop the property in phases.  in.  possibility of changes in the future.  2    Vice-Chair Taylor questioned if the wall would follow the lot line. Zagurski stated yes it will Commissioner Hudspeth questioned ift there would be signage along Fort Worth Drive. Zagurski stated she is unsure what the intent is for the entire campus, however, the only signage sO fari ison Commissioner Sullivan questioned ift the water treatment pond is being built for future use or for Commissioner Beck questioned the sidewalks in this area. Zagurski stated yes there will be sidewalks along Fort Worth Drive and sidewalk connectivity in front ofthel building. Earl Escobar, Engineering Development Review Manager, stated with the expansion of Highway 377 the Mauladad asked the Commission if they had any questions regarding Public Hearing item 5B. Vice-Chair Taylor questioned ift these lots were planned for commercial use. Zagurski confirmed.  follow the southern lot line.  the first building.  current development. Zagurski stated at this time it isj just for this phase.  sidewalks will be updated.  Hayley Zagurski, Assistant Planner, presented Pubic Hearing item 5C.  Commissioner Beck questioned if Hudsonwood Drive will carry through to Mayhill Road. Earl Escobar, Engineering Development Review Manager stated Hudsonwood Drive will extend  through the property and tie into Mayhill Road. Zagurski presented Public Hearing item 5D.  Zagurski stated 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 multi-family developments will comply with attached Site Plans and Landscape Plans. 2. The proposed multi-family developments will meet or exceed the HeetsaDDC3SINDZ however, EIFS and HDO board shall be permitted only as accent building materials limited to 10% of the total building façade. 3. Only monument and building signage shall be used along Hudsonwood Drive. Signs shall be designed in accordance with the Commissioner Rozell questioned if the rezoning from Regional Center Commercial Downtown (RCC-D) to Regional Center Residential 2 (RCR-2) was to eliminate the need for the commercial requirements. He also asked ift the Specific Use Permit (SUP) is to eliminate the need for mixed- use development. Zagurski stated there are two (2) limitations that are applied under RCC-D; one of the limitations carries over into RCR-2 and allows mixed-use development or an SUP. Commissioner Beck stated he would like to see aj park area or green space development within the Chair Strange called ai recess at 5:50j p.m. Chair Strange reconvened the Work Session at 5:57 p.m.  dimensional requirements in Chapter 33 ofthe Code of Ordinances.  area.  Julie Wyatt, Senior Planner, presented Public Hearing item 5E.  3    Wyatt stated staff recommends approval of the request, as, Downtown Commercial General (DC- G) is compatible with the surrounding zoning pattern. Rezoning the property to DC-G District would consolidate the zoning on property under common ownership in order toj permit redevelop under consistent zoning regulations. Potential incompatibilities between development associated with the request and adjacent property would be addressed through site design considerations required in the DDC. The proposal is consistent with the goals and objectives of the Denton Plan Chair Strange recused himself due to a conflict ofinterest with Public Hearing item 5A. Mauladad requested Jennifer DeCurtis, Assistant City Attorney, to provide guidance regarding the discussion for Public Hearing item 5A. DeCurtis provided legal requirements for this Commission during the review oft this item. This is time for the Commission to review staff's recommendation and provide feedback. DeCurtis stated the Local Government Code requires a residential replat to DeCurtis stated restrictive convents cannot be enforced by the City of Denton. The platting is completely irrelevant to the restrictive convents; a properly platted lot does not affect any Commissioner Rozell questioned the notification issues. Mauladad stated staff utilizes the current tax rolls received from the Denton County Appraisal District. There was no further discussion. Vice- Chair Taylor closed the Work Session at 6:40 p.m. Commissioner Hudspeth left the meeting  2030.  take place as a Public Hearing item.  amendment or removal ofai restrictive convent for those purposes.  following the completion ofthe Work Session.  REGULAR MEETING  The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, March 8, 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 oft the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086of  following items were considered:  the Texas Open Meetings Act.  Chair Jim Strange called the Regular Meeting to order at 6:50 p.m.  1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag  Chair Strange stated Public Hearing item 5A would be the last item heard during the Regular  Meeting.  4    2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES A. PZ17-059 Consider approval of the Planning and Zoning Commission meeting minutes. Chair. Jim Strange motioned, Commissioner Margie Ellis seconded to approve thei meeting minutes for the February 15, 2017 meeting. Motion approved (4-0). Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". Commissioner Andrew Rozell "abstained" and Vice-Chair Taylor "abstained" from the Vice Chair Devin Taylor motioned, Commissioner Larry Beck seconded to approve the meeting minutes for the February 22, 2017 meeting. Motion approved (4-0). Vice-Chair Devin Taylor Paye',Commissioner. Larry Beck "aye", Chair. Jim Strange "aye", and Commissioner Margie Ellis "aye". Commissioner Steve Sullivan "abstained", Commissioner Andrew Rozell "abstained",  FOR:  vote.  3.CONSENT AGENDA  A. Consider a request by Kent) Key for approval ofal Preliminary Plat for the Mission Street Offices Key Ventures 1 Addition. The 4.7 acre site is generally located at the southeast corner of the intersectionofFort Worth) Drive and Mission Street. (PP16-0025. Mission Street Addition. Hayley B. Consider a request by Eagle Farms, Inc. for approval ofal Final Plat for Eagle Farms Addition. The approximately 1.48 acre site is generally located on the north side of Emery Street, approximately 530 feet west of Ector Street. (FP16-0036. Eagle Farms Addition, Julie Wyatt) Commissioner Larry Beck motioned, Commissioner Andrew Rozell seconded to approve the Consent Agenda. Motion approved (6-0). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim  Zagurski).  Strange "aye", and Commissioner Margie Ellis "aye". 4. ITEMS FOR INDIVIDUAL CONSIDERATION  A. Consider a request for approval of an Alternative Development Plan for an initial phase ofa proposed office park development on 1.65 acres located at the southeast corner ofthe intersection ofFort Worth Drive and) Mission Street. (ADP16-0020. Mission Street Offices, Hayley Zagurski). Hayley Zagurski, Assistant Planner, presented Item for Individual Consideration 4A. Staff recommends approval of the Alternative Development Plan (ADP) based on the following conditions: 1. the proposed development must substantially conform to the attached site plan. 2. The proposed development must substantially comply with the attached landscape plan with the following modifications: a. a. In addition to the proposed shrubs located in front of the building along Fort Worth Drive,aminimum five-foot widé planting area consisting ofthe proposed shrubs as well as tall grasses must be planted in a curvilinear fashion along the building frontage to visually soften the transition between the street and building. b. A 6-foot opaque masonry  5    screening wall compatible with the building facades must be provided on the southern property line in addition to the required buffer to provide year-round screening of the property. 3. All screening walls for mechanical equipment must be constructed of masonry materials compatible with the building facades. In addition, ai mixture of shrubs and tall grasses must be planted around the perimeter ofthe screening walls. 4. Building 1, as identified on the site plan, must substantially comply with the attached elevation. Buildings 2 and 3 must be constructed of masonry materials and must be similar in design to the attached elevation SO as to create a cohesive sense of development throughout the office park. 5. Any future phases must be uniform as it relates to frontage, setbacks, building materials, and landscaping along Fort Worth Driveand Mission Street. Chair Strange referred to Condition 3, he questioned ift there is concern that a masonry wall might affect the performance and efficiency of the air conditioning equipment. Zagurski stated that wasn'ts something staff reviewed specifically, staff did not review the full design oft the screening Munal Mauladad, Director of Development Services, stated ift the Commission does recommend consistently with staff's recommendation as it relates to the screened wall, then the recommendation could be revisited for the screening mechanisms around the air conditioning Applicant, Lawrence Holdorf, at 4401 N I-35 Suite 102, Denton Texas, 76201, stated he does not agree with condition 2B. Holdorf stated he was proposing toi intensify the Type C buffer in lieu of Commissioner Rozell requested the height oft the recommended masonry wall. Zagurski stated the code requires an eight foot masonry screening wall, however, staff recommended a six foot masonry wall because ofthe smaller scale ofthe building. Commissioner Beck questioned Holdrof if he is opposed to the masonry wall altogether. Holdorf stated he would like to intensify the Commissioner Beck questioned the signage for this development. Applicant, Lee Allison, 44011 N I-35 Suite 102 Denton Texas, 76207 stated the signage will be on the buildings. Chair Strange stated on the east side where it backs up to Neighborhood Residential 6 (NR-6) would need a masonry screening wall. Vice-Chair Taylor questioned the shape of the retention pond. Allison stated they are not purposing ai retention pond, instead the proposed includes a water quality pond Commissioner Ellis questioned what Allison would like to see removed from staff's conditions. Commissioner Rozell motioned to approve this agenda item with staff's recommendation 1,2 2A, Chair Strange requested to amend the masonry wall around the air conditioning units. Commissioner Rozell amended vegetation to be used as screening for the mechanical equipment.  around the air conditioning equipment.  equipment.  the masonry wall.  landscape area inl lieu of the masonry wall.  that will most likely be "L" shaped.  Allison stated they would like to remove the condition for the masonry wall.  3,4and 5 excluding 2B. Vice- Chair Taylor seconded.    Vice-Chair Taylor withdrew his second. Chair Strange seconded.  Commissioner Ellis echoed Vice- Chair Taylors remarks regarding the buffer for the sound oft the Vice-Chair Taylor moved to amend the motion to reinstate staff's condition 3 to require masonry Commissioner Andrew Rozell motioned, Chair Jim Strange seconded to approve Item for Individual Consideration 4A, based on the following staff recommendations: 1. The proposed development must substantially conform to the attached site plan. 2. The proposed development must substantially comply with the attached landscape plan with the following modifications: a. In addition to the proposed shrubs located in front of the building along Fort Worth Drive, a minimum five-foot wide planting area consisting of the proposed shrubs as well as tall grasses must bej planted in a curvilinear fashion along the building frontage to visually soften the transition between the street and building3. All screening walls for mechanical equipment must be constructed of masonry materials compatible with the building facades. In addition, ai mixture of shrubs and tall grasses must be planted around the perimeter oft the screening walls. 4. Building 1, as identified on the site plan, must substantially comply with the attached elevation. Buildings 2 and 3 must be constructed of masonry materials and must be similar in design to the attached elevation sO as to create a cohesive sense of development throughout the office park. 5. Any future phases must be uniform as it relates to frontage, setbacks, building materials, and landscaping along Fort Worth Drive and Mission Street. 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 "aye".  unit.  screening around the air conditioning units. Commissioner Ellis seconded.  5.] PUBLIC HEARINGS  A. Hold aj public hearing and consider a request by Steven and Karen Hale for approval ofal Final Replat ofLots la and 2. Block B oft the Hale Estates: being a residential replat of Lot 13, Block B of the First Installment of Montecito, an Estate Subdivision. The approximately 3.579 acre property is generally located at the northeast corner of Santa Monica Drive and El Paseo Street in Denton County, Texas. This item has been continued from the February 22, 2017 Planning &  Zoning Commission meeting (FR16-0023, Hale Estate. Hayley Zagurski).  This item was heard after Public Hearing Item 5E.  B. Hold a public hearing and consider a request by Dr. Scott Talbot for approval ofa Final Replat ofLots 3R-2R1 and 3R-2R2. Block 1 of the Revised Robert's Addition: being a replat of Lot 3R - 2. Block 1of the Revised Robert's Addition. The approximately 0.71 -acre property is generally located at the northwest corner of Ector Street and Emery Street in Denton  County, Texas. (FR16-0028. Robert's Addition. Hayley Zagurski)  Chair Strange opened the Public Hearing.  7    Hayley Zagurski, Assistant Planner, presented Public Hearing item 5B. Statfrecommends  approval ofthis request.  There was no one to speak. Chair Strange closed the Public Hearing. The Commissioners had no questions regarding this item.  Commissioner Larry Beck motioned, Commissioner Steve Sullivan seconded to approve Public Hearing item 5B. Motion approved (6-0). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair. Jim C.E Hold aj public hearing and consider a request by Richard and Nancy Greb and Kevin Nelms to rezone approximately 20.49 acres from a Regional Center Commercial Downtown (RCC-D) District to a Regional Center Residential 2 (RCR-2) District. The property is generally located at 2100 South Mayhill Road and at the end of Hudsonwood Drive in the City of Denton, Denton County, Texas. This item has been continued from the February 22. 2017 Planning & Zoning Commission meeting. (Z16-0027, The Standard/The Hudson at Medpark. Hayley Zagurski).  Strange "aye", and Commissioner Margie Ellis "aye".  Chair Strange opened the Public Hearing.  Hayley Zagurski, Assistant Planner, presented Public Hearing item 5C. Staff recommends Applicant, Brandon Hancock, 6440 N Central Express Way, Suite 750, Dallas Texas 75206,  approval ofthis request.  provided a presentation for this request.  There was no further discussion. Chair Strange closed the Public hearing.  Commissioner Larry Beck motioned, Commissioner Andrew Rozell second to approve Public Hearing item 5C. Motion approved (6-0). Vice- Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair. Jim D. Hold ap public hearing and consider a request by Richard and Nancy Greb and Kevin Nelms for as Specific Use Permit to allow multifamily development on approximately 20.49 acres. The property is generally located at 2100 South Mayhill and at the end of] Hudsonwood Drive in the City of Denton, Denton County, Texas. This item has been continued from the February 22.2017 Planning & Zoning Commission meeting. (Z16-0029, The Standard/The Hudson at Medpark,  Strange "aye", and Commissioner Margie Ellis "aye".  Hayley Zagurski).  Chair Strange opened the Public Hearing  Hayley Zagurski, Assistant Planner, presented Public Hearing item 5D. Staff recommends approval ofthe request as iti 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 multi-family developments will comply with attached Site Plans and Landscape Plans. 2. The  8    proposed multi-family developments will meet or exceed the requirements of Subchapter 35.13.13.2 of the Denton Development Code (DDC); however, Exterior Insulation Finishing System (EIFS) and High Density Overlay (HDO) board shall be permitted only as accent building materials limited to 10%ofthet total building façade. 3. Only monument and building signage shall be used along Hudsonwood Drive. Signs shall be designed in accordance with the dimensional Commissioner Rozell questioned what category EIFS would be classified as in the Denton Development Code (DDC). Zagurski, stated iti is not located in the DDC. She stated iti isa a product Commissioner Rozell questioned if a developer could use up to sixty percent HDO materials. Zagurski confirmed. Commissioner Rozell questioned why staff is drastically decreasing the allowed amount ofHDO materials. Zagurski stated staff recommends this due to the durability of the product, and forty percent of general masonry provides better longevity over time. Applicant, Brandon Hancock, 6440 N. Central Expressway, Suite 750, Dallas Texas, 75206 referred to staff Condition two (2), as stated in Subchapter 35.13.13.2 ofthe DDC, he would like to deviate from the required 10%1 to 40% oft masonry materials. Hancock requested stafft to clarify Condition three (3) regarding the signage, he questioned ifthe language needs to specifically state noj pole signs. Munal Mauladad, Director of] Development Services, stated as it relates to signage, staff would rather see monument signs and not allow pole signs. Mauladad stated staff would acquiesce to this request. She stated as it relates to the elevations there was little clarity on what elevations would be provided. Staff did not want to compromise the start of the development, however, staff would be available to discuss elevations proposed by the applicant. Chair Strange questioned if Hancock agrees to all of staff's conditions with the exception of Condition 2. Hancock stated he was under thei impression that Condition 3 would specifically state Commissioner Sullivan questioned ift the HDO board would go back to the allowed forty percent.  requirements in Chapter 33 ofthe Code ofOrdinances.  similar to stucco.  noj pole signs.  Mauladad stated it would go back to sixty percent.  The following individual requested not to speak during the public hearing: There wasi no further discussion. Chair Strange closed the Public Hearing.  Kevin Nelms, 3403 Shadow Brook Court, Denton Texas, 76210. Supports this request.  Vice-Chair Devin Taylor motioned, Commissioner Margie Ellis seconded to approve staff's conditions with the following amendments: 1. the proposed multi-family developments will comply with attached Site Plans and Landscape Plans. 2. Thej proposed multi-family developments will meet or exceed the requirements of DDC 35.13.13.2; however, Exterior Insulation Finishing System (EIFS) shall be permitted only as accent building materials limited to 10% of the total building façade. 3. Noj pole signs shall be used along Hudsonwood Drive. Signs shall be designed ina accordance with the dimensional requirements in Chapter 33 ofthe Code ofOrdinances. Motion approved (6-0). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner  9    Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", and  Commissioner Margie Ellis "aye".  Chair Strange called a recess from 8:06 p.m. to 8:20 p.m.  E. Hold a public hearing and consider a request by Majid Hemmasi, Beta Mu, LLC, and Swan- Wells P/S. Ltd., to rezone approximately 3 acres from a Downtown Residential 2 (DR-2) District toa Downtown Commercial General (DC-G) District. The property is generally located 185 feet south of the Scripture Street and Normal Street intersection. This item was continued at the February 22, 2017 Planning and Zoning Commission meeting. (Z16-0023, Park 7.Julie Wyatt).  Chair Strange opened the public hearing.  Julie Wyatt, Senior Planner, presented Public Hearing item 5E. Staff recommends approve of this Commissioner Rozell questioned why part oft this lot is zoned Downtown Residential-2 (DR-2). Wyatt stated shei is unaware why DR-2 was chosen fori this area during the City wide rezoning that Commissioner Sullivan questioned what staff considers a walkable distance. Wyatt stated staff Applicant, Paul Levine, 461 Park Avenue S. Floor 4, New York, New York 10016, provided a presentation. Commissioner Beck questioned ifLevine would be opened to an overlay district. Levine stated the three-story density with the proposed parking requirements would not work in terms ofe economic feasibility. Commissioner Beck questioned Levine if he has looked anywhere else within the City to develop. Levine stated they have looked, however, there are not many Commissioner Rozell stated for clarification purposes, ift the zoning change is not approved then the applicant could develop a ten-story building per the existing zoning category. Levine  request.  took place in 2002.  considers it about a fifteen minute walk.  affordable options.  confirmed.  Commissioner Hudspeth arrived to the Regular Meeting at 9:00 p.m.  Jennifer DeCurtis, Assistant City Attorney, stated the Commission is able to recommend ai mixed-  use overlay to the zoning change.  Applicant, Lee Allison, 4401 North I-35, Denton, Texas provided a presentation. The following individuals requested to speak during the public hearing:  Mary Anderson, 924 West Oak Street, Denton, Texas 76201. Opposed to this request. Randy Hunt, 722 West Oak Street, Denton, Texas 76201. Opposed to this request. John Warren, 1109 West Congress Street, Denton, Texas 76201. Opposed to this request. Annette Ramsay, 722 West Oak Street, Denton, Texas 76201. Opposed to this request.  10    Patrice Lyke, 1109 Egan Street, Denton, Texas 76201. Opposed to this request. Lyke questioned ifit is typical for the Historic Preservation Officer to go tour these properties and provide their feedback for various projects. Roman McAllen, Historic Preservation Officer, stated he was called to come visit the site, since it is situated between two (2) historic districts. He stated he likes to come out and offer his knowledge for the area and/or property. McAllen provided his feedback regarding the local Historic Districts and properties. Lyke stated the density needs to decrease with the proposed project and area, it also needs toi include some commercial uses fort the neighbors that  walk everywhere.  Deb. Armintor, 2003 Mistywood Lane, Denton, Texas 76201. Opposed to this request. Paul Metzler, 1914 West Oak Street, Denton, Texas 76201. Opposed to this request. Kevin Bradshaw, 2052 Collins Road, Denton, Texas 76210. In support of this request. JenniferLane, 152 Willowwood Street, Denton, Texas 76208. Opposed to this request. Bob Clifton, 2052 Collins Road, Denton, Texas 76210. Opposed to this request. Tim Gieringer, 1108 West Congress Street, Denton Texas 76201. Opposed to this request. Chair Strange read Public Hearing cards into the record fori individuals that did not wish to speak: Christy Koons, 3318 Clydesdale Drive, Denton, Texas 76210. Opposed to this request. John Bennet, 818 West Oak Street, Denton, Texas 76201. Opposed to this request. Warren Lunt, 4211 North I-35, Denton, Texas 76207. Opposed to this request. John Morris, 918 West Oak Street, Denton, Texas 76201. Opposed to this request.  Chair Strange closed the Public Hearing.  Vice-Chair Devin Taylor stated he feels DC-Gis not a good zoning district for this area. Commissioner Beck recommended making a motion to approve this request with an amendment with an overlay that limits the building height and no more than three-stories tall. DeCurtis stated you don't want to down zone and not go below 45 feet on the overlay. Commissioner Ellis stated this development does not belong in this area and this lot should have been rezoned a long time ago. Chair Strange stated he appreciates the applicant coming in with something at al lesser density Chair Strange motioned to approve with an overlay. Chair Strange stated there is an issue with Chair Strange continued to state the Commission legally cannot add the overlay to the DC-G. Allison stated ifa an overlay was proposed it could not be fori the whole property. Chair Strange and DeCurtis stated that is correct. Levine questioned the time frame ift they decided to bring it back. Mauladad stated depending on the meeting schedule it will be at least 30 to 45 days. DeCurtis stated they are unable to include the DC-G because it was not a part oft the public hearing notice.  than what it is currently zoned.  adding the overlay because the notice was only for the DR-2 property.  Chair Strange withdrew his motion.  Chair Strange called ai recess from 10:55 p.m. to 11:10 p.m.  11    Mauladad clarified the request was over notified which included the property to the north. Mauladad continued ift the Commission wants to add an overlay district, they have the opportunity to do SO. DeCurtis clarified the property was notified in the newspaper and the agenda including all three (3) acres with the current zoning for DR-2on 1.3 acres and the current zoning for DC-G Chair Strange requested clarification on the different heights of the building. Levine stated the outside perimeter is 46 feet. Chair Strange upped the height to 48 feet. Levine stated the second section height is 561 feet. Allison stated the amenity center at the highest point is 67 feet 11 inches. Chair Strange motioned to rezone 1.3 acres from DR-2 to DC-G SO the entire site will be DC-G, and put an overlay on the entire site and the perimeter of the building to not exceed 48 feet. The next staggered cap would be at 58 feet and continue with the maximum slope up to 70 feet. Commissioner Rozell requested Earl Escobar, Engineering Development Review Manager, tol look at traffic and infrastructure, because the biggest issue is the impact on the thoroughfares. Chair Jim Strange motioned, Commissioner Andrew Rozell seconded to approve to rezone 1.3 acres from DR-2 to DC-G sO the entire site will be: zoned DC-G, and put an overlay over the entire site on the perimeter ofthel building not to exceed 48 feet. The next staggered cap would be at 58 feet and continue with the maximum slope up to 70 feet. Motion denied (2-5). Commissioner Andrew Rozell "aye", and Chair Jim Strange "aye". Vice-Chair Devin Taylor "nay", Commissionerlarry Beck "nay,Commissioner Steve Sullivan nay')Commissionerh Margie Ellis Mover: Vice- Chair Devin Taylor motioned, Commissioner Larry Beck seconded to recommend denial to City Council for Public Hearing item 5E. Motion approve (5-2). Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Margie Ellis "aye", and Commissioner Gerard Hudspeth "aye". Commissioner Andrew Rozell A. Hold aj public hearing and consider a request by Steven and Karen Hale for approval ofal Final Replat ofLots 1a and 2, Block B oft the Hale Estates: being a residential replat of Lot 13, Block B of the First Installment of Montecito, an Estate Subdivision. The approximately 3.579 acre property is generally located at the northeast corner of Santa Monica Drive and El Paseo Street in Denton County, Texas. This item has been continued from the February 22, 2017 Planning &  on 1.7 acres.  "nay", and Commissioner Gerard Hudspeth "nay".  "nay", and Chair Jim Strange "nay".  Zoning Commission mesting(PRI600Hiale Estate, Hayley Zagurski).  This item was heard after Public Hearing Item 5E.  Chair Strange recused himself due to a conflict ofinterest with this item.  Hayley Zagurski, Assistant Planner, presented Public Hearing item 5A.Staffi recommends approval  of this request.  Applicant, Steve Hale the applicant read a letter to the Commission.  12    Vice-Chair Taylor opened the Public Hearing.  The following individuals requested to speak during the public hearing:  Kevin Nelms, 3403 Shadow Brook Ct, Denton, Texas 762010. Supports this request. Douglas Ebersole, 3210 Montecito Drive, Denton, Texas 76205. Opposed to this request. Weaver McClure, 3100 Carmel Street, Denton, Texas 76205. Opposed to this request. Michael Doranski, 2911 Montecito Drive, Denton, Texas 76205. Opposed to this request. Jason Thomas, 3400 Montecito Drive, Denton, Texas 76208. Opposed to this request. Courtland Kristoferson, 4315 Windsor Center Trail Suite 500, Flower Mound Texas Diana Hubert, 3310 Montecito Drive, Denton, Texas 76205. Opposed to this request. Cassandra Cornell, 3200 Montecito Drive, Denton, Texas 76205. Opposed to this request. Brandon Bulls, 508 El Paseo Street, Denton, Texas 76205. Opposed to this request. Karen Hale, 3401 Santa Monica Drive, Denton, Texas 76205. Supports this request. Steve Hale, 3401 Santa Monica Drive, Denton, Texas 76205. Supports this request. Jim Keffer, 3300 Montecito Drive, Denton, Texas 76205. Opposed to this request. Vice-Chair Taylor read Public Hearing cards into the record for individuals that did not wish to John Wright, 912 West Oak Street, Denton, Texas 76205. Opposed to this request. Commissioner Rozell questioned ift there is evidence to show what addresses received a certified letter and the name of property owner who received the letter. Munal Mauladad, Director of Development Services, stated the information received from the Denton Central Appraisal District could be compared to the property owners which stated they did not received the letter. Jennifer DeCurtis, Assistant City Attorney, stated from a legal stand point the mailing ofai notice is what allows it to be sufficient for legal purposes. DeCurtis continued to state plats have very strict timel lines, andi in normal cases youl have thirty days in which this Commission has to approve Applicant, Karen Hale, questioned if she was able to request another postponed date. DeCurtis stated due to the plat timelines, you would have to withdraw and resubmit the item.  75028. Opposed to this request.  speak:  or deny a plat.  Vice-Chair Devin Taylor closed the public hearing.  Commissioner Gerard Hudspeth motioned, Commissioner) Larry Beck seconded to approve Public Hearing item 5A. Motion approved (6-0). Commissioner Gerard Hudspeth "aye", Vice-Chair Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", and Commissioner Margie Ellis "aye". Chair Jim Strange  "recused".  13    6. PLANNING & ZONING COMMISSION PROJECTMATRIX A. Planning and Zoning Commission project matrix.  Commissioner Ellis requested to start discussing City initiated zoning. Munal Mauladad, Director ofDevelopment Services, stated that the PZCI has City Initiated Subcommittee that is responsible for City initiated zoning review. Mauladad stated she will provide an update as to the status oft the Commissioner Ellis requested a time to discuss single-room occupancy (SRO). Mauladad stated City Council requested staff to proceed with an ordinance that requires a Specific Use Permit (SUP) be required for multi-family development within certain zoning districts. Since this is an amendment to the Denton Development Code there will have to be a Public Hearing before the Vice-Chair Taylor requested for the definition of dorm or SRO to be added to the DDC. Mauladad stated staff can provide some drafted language that the Planning and Zoning Commission can Commissioner Hudspeth requested an update regarding the fees for the Historical Landmark Designation markers. Mauladad stated staffis hoping in the near: future to address the fees and to  schedule  Planning and Zoning Commission and City Council.  decide on.  do ac cost benefit analysis on all the fees. There was no further discussion.  Vice- Chair Devin Taylor closed the Regular Meeting at 1:12 a.m. on March 9, 2017.  X Jims Chair   Storge  xM  Catherine Welborn Administrative. Assistant II  14