Minutes Planning and Zoning Commission September 28, 2016  After determining that a quorum was present, the Planning and Zoning Commission ofthe City of Denton, Texas convened in a Work Session on Wednesday, September 28, 2016 at 5:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at PRESENT: Chair Jim Strange, Commissioners: Gerard Hudspeth, Larry Beck, and Andrew  which the following items were considered:  Rozell, Margie Ellis, Steve Sullivan, and Devin Taylor.  ABSENT: None. STAFF:  Athenia Green, Cathy Welborn, Julie Wyatt, Munal Mauladad, Mike Bell, Muzaib  Riaz, Aaron Leal, Shandrian Jarvis, Earl Escobar.  WORK SESSION  Chair Strange called the Work Session to order at 5:00 p.m.  Mike Bell, Senior Planner, presented Consent Agenda item 2A. Preliminary Plat for five nonresidential lots for the North Lake Shopping Center. He stated staff recommends approval. Chair Strange questioned the finished floor elevation. Earl Escobar, Engineering Development Review Manager, stated that the finished floor elevations are based on the Federal Emergency Management Agency(FEMA)flod; plain elevations. Thet terrain does noti reflect the same amount Julie Wyatt, Senior Planner, presented Consent Agenda item 3A.Wyatt provided the Commissioners two letters that were received from neighbors. Commissioner Beck questioned how the pedestrian crossing would be designed. Wyatt stated the pedestrian crossing would just bej painted. Commissioner Taylorq questioned ifthere are any existing overhead utilities running on Ector Street. Munal Mauladad, Director ofDevelopment Services, stated there appear tol be utility poles on Emory Street and Ector Street. Wyatt stated staff recommends approval of this request based on the conditions provided in the backup materials. Commissioner Beck questioned the dimensions of signage on the front of the building facing University Drive. Wyatt stated it would have to meet all requirements, she stated the applicant could provide additional details during the Commissioner Sullivan questioned why the applicant is required to get a variance for a 10 foot setback however, no other buildings along University Drive follow this requirement. With the exception of Sherwin Williams. Wyatt stated that itl has to do with the Zoning. There are ai number ofzoning uses within this area. Commissioner Rozell questioned why the applicant is not allowed tol have a ground sign. Wyatt stated they are allowed a wall sign along Ector Street. Commissioner Ellis questioned what lighting would be going in on the site. Wyatt stated the applicant would have to meet all oft the requirements in Subchapter 13 ofthe Denton Development Code.  ofdrop between the finished floor and the topography.  public hearing.    Julie Wyatt, Senior Planner, presented Consent Agenda item 4A. Wyatt provided the Commissioners letters that were received from citizens in regards to this item. She stated the applicant is requesting to change the zoning on two tracts of land. Wyatt stated that the lot coverage is thirty percent not fifty as stated on the staff report. Wyatt stated the applicant could take this to1 the Zoning Board of Adjustment (ZBA) because oft thel lot coverage. Staffrecommends denial ofthisi item. Chair Strange explained lot coverage to Commissioner. Ellis and Commissioner Commissioner Rozell questioned when the zoning changed to Downtown Commercial Neighborhood (DC-N) and as to why both properties were not rezoned at that time. Mauladad Commissioner Ellis stated that this zoning change could open up a world of possibilities if the Denton Independent School District ever sells the property. She stated she agrees with staff's decision to recommend denial. Commissioner Taylor questioned ift this was sent to the Zoning Board of Adjustments (ZBA) would it require a new application process for the applicant. Commissioner Sullivan questioned the concerns about parking to the north and if this would alleviate the existing parking problem. Wyatt stated the applicant is ready to address the parking  Sullivan.  provided clarification.  issues during the Public Hearing.  Chair Strange called ai recess from 6:00 p.m. to 6:05 p.m.  Mike Bell, Senior Planner, presented Public) Hearing item 4C, Rayzor Ranch Overlay District. Bell stated the applicant is wanting to change an estimated 10 acres from a South Mixed Use subarea to a South RR-2 subarea. Bell gave a brief overview of the Rayzor Ranch history to the new Commissioners. Bell stated the applicant is requesting to follow the design centers that have already been approved for Highway 380 and I-35. Bell stated the only changes are the residential uses and design standards. Commissioner Rozell questioned the phone calls that Bell received. Bell stated that the calls were primarily other businesses wanting to know what was going on. Commissioner Ellis questioned if this is a required step in order to begin development. Bell Mike Bell, Senior Planner, presented! Public Hearing item 4D, Rayzor Ranch Overlay District. Bell stated there is a site plan currently in the review process. He stated if the site plan is approved it will come to the Planning and Zoning Commission during the next meeting. Commissioner Beck questioned what the smaller buildings are around the proposed apartment complex. Bell stated  confirmed.  they are proposed garages. There was no further discussion. Chair Strange closed the Work Session at 6:25 P.M.  REGULAR MEETING  The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, September 28, 2016 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney  2    at which time the following items were considered:  Chair Strange called the Regular Meeting to order at 6:35 p.m. Commissioner Hudspeth arrived.  1.  PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag CONSENT AGENDA  2.  A. Consider a Preliminary Plat of Block A. Lots 1-5, ofthe North Lakes Shopping Center Addition. The approximately 16.534 acre property is generally located at the northeast corner of West University Drive (US 380) and North Bonnie Brae Street, within the Robert Beaumont Survey, Abstract No. 21, in the City of Denton, Denton County,  Texas. (PP16-0001.Norh Lakes Shopping Center. Mike Bell)  Commissioner Larry Beck motioned, Commissioner Andrew Rozell seconded to approve the Consent Agenda. Motioned approved (7-0). Commissioner Devin Taylor "aye", 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. ITEMS FOR INDIVIDUAL CONSIDERATION  A. Consider a request for an Alternative Development Plan for the construction ofal 19.054 square foot grocery store. The subject property is located on the southwest corner of West University Drive and Ector Street within a Neighborhood Residential Mixed Use  (NRMU) District. (ADP16-0013. Aldi Food Market, Julie Wyatt)  Julie Wyatt, Senior Planner, went over the site plan for the audience. Wyatt stated the applicant did work with staff for additional landscaping to give visual relief for the parking area. Staff recommends the approval of this requested based on the following conditions: 1. Marked pedestrian connections within the parking area 2. An enhanced Type C buffer between the proposed commercial development and residential neighborhood to the south, including 10 large evergreen trees, 21 small evergreen trees, and 80 shrubs. 3. An additional 4,697 square feet of landscape area over the 17,940 required. 4. An additional 6,349 tree canopy provided over the 35,886 square feet required 5. Parking lot planting islands and end-caps that include one large tree as required in addition to enhanced landscaping with a variety of low water use shrubs; 6. Enhanced parking lot screening on Ector Street, inçluding the required trees, a hedgerow, and ground cover 7.No ground signs on Ector Street 8. Screened cart storage with 3'6"masonry walls 9.The loading area located at the rear of the property must be situated below grade and screened  with an 8' wall.  The following individuals spoke during this item:  Brigid Corbett, 120 Ector Street, Denton, Texas. Opposed to this request. Amber Briggle, 529: Malone Street, Denton, Texas. Supports this request. Mark Mitchell, 1215 Ector Street, Denton, Texas. Opposed to this request.  3    Jesse L. David, 1228 Ector Street, Denton, Texas. Supports this request. Michael Hennen, 724 Thomas Street, Denton Texas. Supports this request. Applicant, Bryan Burger, Burger Engineering, 17103 Preston Road, Dallas, Texas. Commissioner Rozell agreed with citizen stating that the bicycle lanes would help with speed in this area. Commissioner Rozell questioned where the bicycle racks would bel located. Burger stated they would be located near the building. Commissioner Beck stated he doesn't disagree regarding the traffic, he does feel this is an opportunity for the neighborhood to have something within close Commissioner Hudspeth stated he believes that the traffic concerns will be better once University Drive and Bonnie Brae Street have been expanded. Commissioner Ellis questioned staffi if there was a Traffic Impact Analysis completed along Ector Street. Burger, stated there was a traffic study completed, however, he is unaware how far south on Ector Streetito covered. It was reviewed Commissioner Hudspeth questioned landscaping options on site. Burger stated that they have looked into different options that would cut back on irrigation, such as xeriscaping. Commissioner Beck questioned the size oft the sign. Burger stated it would be monument sign and that they would follow the City's sign requirements. Chair Strange questioned the applicant ifhe Commissioner Taylor provided his input regarding the proposed development. He stated he feels that traffic calming devices would help with traffic in this area. He stated he feels that this is a good option for this area, it meets the needs of this neighborhood. Commissioner Beck echoed Commissioner Taylor's input. He stated change is going to happen, this is a good change to the Commissioner Devin Taylor motioned, Commissioner Larry Beck seconded to approve this request, based on staff's conditions listed in the backup materials. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner  The following individual did not wish to speak:  proximity.  and approved by the Engineering Department.  was content with all oft the staffconditions. Burger confirmed.  area.  Margie Ellis "aye", and Commissioner Gerard Hudspeth laye".  4.  PUBLIC HEARINGS  A. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request from Neighborhood Residential 3 (NR-3) District and Downtown Residential 2 (DR-2) District to Downtown Commercial Neighborhood (DC-N) District on approximately 5.5 acres. The subject property consists of two tracts, the first tract is generally located on the northeast corner of Bolivar Street and Second Street, and the second tract is generally located on the east side of North Elm Street, approximately 105 feet north of Second Street. (Z16-0016. Denton ISD Student  Services. Julie Wyatt)  4    Chair Strange opened the Public Hearing. Julie Wyatt, Senior Planner, provided a brief summary Keith Cummins, with Corgan Associates, 401 North Houston Street, Dallas, Texas. Cummins provided a brief history of the subject site. The building was built in the early 1920's. He stated they are trying to clean upi the neighborhood. Commissioner Beck questioned why the applicant is bringing this before the Planning and Zoning Commission, instead of the Zoning Board of Adjustments (ZBA). Cummins confirmed that their understanding is when you before the ZBA you are required to prove there is a hardship. Commissioner Rozell questioned staff ifit is an option to split Tract lintoa al DR-2/DC-Nzoning: district.. Aaron Leal, First Assistant City Attorney,  oft this request. Chair Strange requested the applicant to present this request..  provided an explanation.  The following individuals spoke during the public hearing:  Barney Cosimo, 11071 Bolivar, Denton, Texas. Supports this request. Kate Lynass, 1120: North Locust, Denton, Texas. Opposed to this request.  Lori M. Davis, 1520. Bolivar, Denton, Texas. Chair Strange read letters received for the record:  Samuel Smith, 1508 Villa Estates Drive, Denton, Texas. Opposed to this request. Tommy Tullos, 1408 Bolivar, Denton, Texas. Supports this request.  Chair Strange questioned Cummins ifthey are amenable tol bring this back before this Commission at a later date. Cummins stated they are in favor of postponing this request. They will work with staffin the meantime and consider the option oftaking this before the. ZBA. Chair Strange agreed. Chair Strange questioned staff on the turnaround time regarding this Public Hearing. Mauladad stated the last Monday in October would be the next. ZBA meeting. She stated staff will get with the applicant to discuss timelines. She recommended a 60 day time period to work with the applicant to bring this item back before this Commission. Cummins agreed. Chair Strange motioned this to be continued to come back before this Commission within sixty days. Chair Jim Strange motioned, Commissioner Larry Beck second to continue this item for 60 days. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Beck "aye" Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange laye", Commissioner Margie Ellis "aye", and Commissioner Gerard Hudspeth "aye. Chair Strange called ai recess at 8:45 P.M., the meeting was reconvened at 8:55. P.M.  B. Hold aj public hearing and consider making ai recommendation to City Council regarding al request to rezone approximately 0.44 acre from a Downtown Residential 2 (DR-2) District to a Downtown Commercial General (DC-G) District. The subject property is generally located at the southeast corner of West Oak Street and North Bonnie Brae Street. (Z16-0015. DME Hickory Substation, Mike Bell) This application has been  withdrawn by the applicant.  Chair Strange stated that this item was withdrawn by the applicant.  5    Hold aj publicl hearing and consider makingar recommendation to City Council regarding arequest to amend the Rayzor Ranch Overlay District to reclassify approximately ten acres from the South Mixed-Use District subarea to the South RR-2 District subarea. The Rayzor Ranch Overlay District includes approximately 410 acres generally located on both sides of West University Drive (US 380) between North Bonnie Brae Street  and IH-35. (Z16-0013. Rayzor Ranch Zoning Plan. Mike Bell)  Chair Strange opened the Public Hearing. Mike Bell, Senior Planner, provided the exhibits for Z16-0013 to be considered as one ordinance. Bell stated that this would remove the residential uses ofthe properties. Chair Strange called for the applicant to speak. The applicant did not wish  tos speak.  The following individuals spoke during the Public Hearing:  Michael Hennen 724 Thomas Street, Denton Texas. Opposed to this request.  There was no one else to speak, Chair Strange closed the Public Hearing. There was no further Commissioner Andrew Rozell motioned, Commissioner Gerard Hudspeth seconded to approve this request. Motion approved (7-0). Commissioner Devin Taylor "aye", 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". D. Hold a public hearing and consider making a recommendation to City Council regarding an amendment to the Rayzor Ranch Overlay District to provide design standards and criteria for multi-family development within the South Mixed Use District subarea. The Rayzor Ranch Overlay District includes approximately 410 acres generally located along West University Drive (US 380) between North Bonnie Brae Street and H-35.(716-0022. Rayzor Ranch Multifamily Design Standards. Mike Bell)  discussion.  Chair Strange opened the public hearing. Mike Bell, Senior Planner, provided a brief explanation ofthis use and the proposed changes. Applicant, Scott Wagner, thanked the Commissioners. There was no one else to speak, Chair Strange closed the Public Hearing. There was no further Commissioner Larry Beck motioned, Commissioner Margie Ellis seconded to approve this request. Motion approved at (7-0). Commissioner Devin Taylor "aye", ( 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".  discussion.  6    5. PLANNING & ZONING COMMISSION PROJECT MATRIX A. Planning and Zoning Commission project matrix.  Commissioner Rozell what are the steps to promote xeriscaping. Munal Mauladad, Director of Development Services, stated staffi is currently revising the tree code and updating the landscape code. Commissioner Hudspeth questioned if is there a way to add a line item to the reports regarding the Urban Foresters comments in regards to the request. Mauladad stated this would apply to various projects, but not all projects that come before this Commission. Chair Strange stated that it has been a long time since this Commission has discussed the I-35 expansion. He requested an update in regards to the Buc-ee's area. Mauladad stated staff will Commissioner Ellis questioned if there is a better option for public hearing signs that are more visible on the subject sites. Mauladad stated staffi is currently working on revising the notification There was no further discussion. Chair Strange closed the Regular Meeting at 9:161 P.M.  coordinate with the Engineering Department.  process.  X Jim Stranqe Chair  -  altaarge  X( a Catherine Welborn Administrative Assistant III  lila  7