MINUTES August 10,2016  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, August 10, 2016 at 5:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at  which the following items were considered:  PRESENT: ABSENT: STAFF:  Vice-Chair Amber Briggle, Commissioners: Devin Taylor, Larry Beck,  Andrew Rozell, and Frank Dudowicz. Chair Jim Strange, Gerard Hudspeth.  Nikole Chew-Jones, Cindy Jackson, Julie Wyatt, Mike Bell, Hayley  Zagurski, Munal Mauladad, and Jennifer DeCurtis.  WORK SESSION  Vice-Chair Amber Briggle called the Work Session to order at 5:05 p.m.  1. Clarification of agenda items listed on the agenda for this meeting, and discussion ofi issues Vice-Chair Briggle asked if there were any questions or clarification of agenda items. There Vice-Chair Briggle asked that Cindy Jackson, Senior Planner, come forward to present Cindy Jackson, Senior Planner, provided the backup materials for this item. She stated that the request is to consider an Alternative Development Plan (ADP) for the construction of a 5,947 square foot outpatient medical clinic. The applicant is requesting three (3) deviations from the Denton Development Code (DDC). This new clinic will be located next to their pre-existing Jackson stated that the first deviation request is from the Denton Development Code (DDC) Section 35.13.13.3.A.3, the primary orientation of a building shall be toward the street rather The applicant is requesting that the building orientation be away from the street. The applicant has proposed to add a covered walkway on the front and side of the building to Jackson stated that the second deviation request is from the Denton Development Code (DDC) Section 35.13.13.3.C.1, All parking areas are to be located behind the building or on one or both  not briefed in the written backup materials.  were no questions.  Individual Consideration Item 2A.  clinic located to the north oft this site to create a campus atmosphere.  than the parking ared.  facilitate access on the side oft the building.  sides oft the building.  1    The applicant is requesting that the parking be located between the building and the  street.  Jackson stated that the third deviation request is from the Denton Development Code (DDC) Parking lots shall be separated from the street frontage by a 15-foot landscape area to A landscape berm with a maximum 1 on 4 side slope on both sides shall be designed  Section 35.13.10.C.3, Landscaping Standards where front parking is allowed:  a. C.  reduce visual impacts.  within the 15-foot landscape area toi help screen the parking lot.  The applicant is requesting an alternative front landscape buffer.  Jackson explained the applicants mitigation plan and how they are proposing to provide an increased inch per caliper tree, three (3) percent more parking lot landscaping, 43 percent more tree canopy, and 50 percent more street trees. Jackson distributed an updated landscape plan to Jackson stated that staffrecommends: approval oft this request subject to the following condition: 1. The proposed development shall substantially comply with the attached site plan,  each Commissioner.  landscape plan, and elevations.  Commissioner Beck asked if there was something in their packets that allowed them to add a second entry. Jackson responded that at this time, a second entry is not definitive due to Texas Commissioner Taylor stated that this is a good example of how our general landscape requirements work. Taylor asked if the 23 trees and shrubs will provide 26,000 square feet of canopy. Jackson respond that is correct. Taylor asked if the current trees will be removed. Jackson responded yes, they are within the building foot print. Taylor asked if the proposed tree code would require them to keep some of the existing trees. Jackson responded that this project will have to comply with the existing tree code requirements. Taylor asked if this is showing 56 percent tree canopy. Jackson responded yes. Taylor asked if the count for the pavement only includes the pavement and medians. Jackson stated that only concrete that is a part of the parking loti isi included. The trees ini the medians are included the parking lot canopy count. Commissioner Beck asked is the 12,000 square feet of canopy for when they are mature. Jackson Vice-Chair Briggle asked that Cindy Jackson, Senior Planner, come forward to present Cindy Jackson, Senior Planner, provided the backup materials for this item. She stated that the request is to consider an Alternative Development Plan (ADP) for the construction of a 5,200 square foot medical office with the parking between the building and the street.  Department of' Transportation'sr right of way for I-35.  responded yes.  Individual Consideration Item 2B.  2    Jackson stated the applicant is requesting a deviation from the Denton Development Code (DDC) Section 35.13.13.3.C.1. It states that all parking areas are to be located behind the building or on one or both sides of the building. The applicant is requesting that the parking be located in the front of the building. This deviation will allow the layout of the proposed medical office to mirror the adjacent medical office with regard to placement, front landscape buffer, and Jackson stated that in 2008, the Planning and Zoning Commission approved ADP08-0010 for the adjacent medical office Alternative Development Plan (ADP) that permitted the same deviation Jackson stated that the applicant is proposing a 15-foot front landscape buffer along Medpark  parking.  that the applicant is requesting. Drive. The buffer will include: Two (2) foot high berm 48 landscape shrubs  Four (4) large trees for every 40 linear feet ofs street frontage  The applicant is also proposing to plant three (3) ornamental trees between the large trees to Jackson stated that staffi recommends approval of this request subject to the following condition: 1. The proposed development shall substantially comply with the approved site plan,  reduce the visual impact and provide 34.63 percent open space area on the site.  and landscape plan.  Commissioner Dudowicz asked if the property across the street received an ADP because they Commission Rozell asked for clarification and stated that both Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) both require side or back parking by code. Jackson responded yes. Rozell asked for clarification to understand why the parking is not allowed in the front. Jackson responded that the concept is to prevent Vice-Chair Briggle stated that potentially for this area, could there be an overlay of some type to allow parking in the front, SO that each applicant does not have to come in and request an ADP to modify the code. This would be something that could save the applicant some money and staff some time. Munal Mauladad, Deputy Director, responded parking would be addressed at the time the Denton Development Code (DDC) will be reviewed. Mauladad stated that the thresholds for an Alternative Development Plan (ADP) are currently under review and should be Commissioner Dudowicz stated that he thinks this is a good example. This proposal will complement the adjacent site and the proposed buffer is what is needed for this site. Businesses  have front parking as well. Jackson responded yes.  walls of concrete facing the street and to add street character.  coming before the Commission eminently.  should be able to pick up what is best for their business.  3    Vice-Chair Briggle asked that Mike Bell, Senior Planner, come forward to present Public Hearing Item 3A. Briggle stated that the applicant has requested to continue this item on Mike Bell, Senior Planner, stated that this item is being continued and he does not have a presentation, but he would stand for questions. Commissioner Devin Taylor asked why this item is being continued. Bell responded that the applicant is trying to find other options, sO that they don'thave to rezone. They are trying to see ift they can make the project work without having to Commissioner Dudowicz stated that staff is recommending denial and questioned the reasoning for this recommendation. Bell stated that this is an intrusion into a single-family neighborhood. Commissioner Beck stated this is a situation where a lot of notifications have gone out and we have not received any responses back from the citizens. Bell responded that we do actually have some responses. Bell stated that he did not bring them tonight because the item is being continued. Bell stated that typically, we do not hand out the notices at the meeting, unless they Commissioner Beck requested an update regarding the notification process. Munal Mauladad, Vice-Chair Briggle asked for Hayley Zagurski, Assistant Planner, come forward to present Hayley Zagurski, Assistant Planner, provided the backup materials for this item. This item is a rezoning request for 80.49 acres from Neighborhood Residential 2 (NR2) District and Neighborhood Residential Mixed Use (NRMU) District to Community Mixed Use General (CM- G) District and 1.67 acres changed from Rural Residential (RD-5X) District to Community Mixed Use General (CM-G) District. This request relates to three (3) parcels of land. The Community Mixed Use General (CM-G) District is consistent with the Future Land Use designation. This rezoning will eliminate the non-conformity associated with the parcel designated RD-5X and it will unify the zoning allowing for consolidation of all development and Zagurski stated that staff recommends approval and notices were sent out with no responses Commissioner Beck asked if all the parcels were owned by Denton Independent School District Vice-Chair Briggle asked why this request for a zoning change is being done together instead of three separate cases. Munal Mauladad, Deputy Director, responded that a zoning change can be done separately or it can be combined. When there is a single owner, it is more cohesive to do it  September 14-2016. Meeting.  rezone.  are received after the staff report has been sent out. Deputy Director, stated this information is forth coming.  Public Hearing Item 3B.  streamlining the process for all future expansion.  received.  (DISD). Zagurski responded yes, they are all owned by DISD.  this way.  4    Vice-Chair Briggle asked that Julie Wyatt, Senior Planner, come forward to present Public Julie Wyatt, Senior Planner, provided the backup materials for this item. This item is ai rezoning request for Planned Development 138 (PD-138) Hunter Ranch District to Regional Center Commercial Neighborhood (RCC-N) District. PD-138 District was approved in 1991 and a Detailed Plan was never prepared. The applicant is requesting this rezoning to develop this site with a specialty hospital and medical offices. This parcel is the last tract in PD-138 that has not be developed. This request is compatible with Future Land Use goals and objectives. Staff recommends approval of this request. Notifications were mailed, but no responses have been Commissioner Taylor stated that there seems to be some land clearing and do they have aj permit. Taylor also asked ift they are following the 1991 code or the current code. Wyatt stated that they are following the current code. She stated that they have been issued a Clear and Grubbing Permit, not a Clear and Grade. They would have to have an approved plat to Clear and Grade the property. Wyatt stated that they have submitted a' Tree Preservation Plan and it was reviewed and approved by our Urban Forester, Haywood Morgan. He granted them a Clear and Grubbing Commissioner Rozell asked which directive came first the Growth Concept or the Future Land Use. There seems to be a conflict between the two. Wyatt stated that the Growth Concept came first. Commissioner Rozell stated that the lines just seem to be blurred between the two. Commissioner Dudowicz stated that prior to you joining the board, it was established that the lines would be blurred, sO things were not seti in stone. This would allow flexibility. Commissioner Rozell stated that it seems that we are being asked to rezone things that are not in accordance with the Future Land Use Map. Wyatt stated when the request doesn't match the Future Land Use Map, this requires staff to take a harder look at the request. There are specific criteria that we look at and try to follow; like the character oft the area and howi it would develop keeping the same zoning. Munal Mauladad, Deputy Director, stated when staff sees a conflict between the Preferred Growth Concept Plan and the Future Land Use Map, there is a process Commissioner Beck asked about the size and, zoning of the Hunter Ranch Master Planned Community (MPC). Julie Wyatt, Senior Planner, responded yes, the Hunter Ranch Master Planned Community (MPC) is large and it is on both sides of the highway. It has mixed use Commissioner Beck asked about Environmentally Sensitive Area (ESA) on the site. Julie Wyatt responded that there are some Environmentally Sensitive Areas (ESA) on the site and they are being reviewed by Deborah Viera to determine ift they need to be removed or not. Vice-Chair Briggle stated that the commission is taking a break at 6:03 p.m. Vice-Chair Briggle reconvened the Work Session at 6:08 p.m.  Hearing Item 3C.  received.  Permit based on the approved Tree Preservation Plan.  that allows stafft to update all documents as modifications are warranted.  zoning and iti is still an active Master Planned Community.  5    Vice-Chair Briggle asked that Julie Wyatt, Senior Planner, come forward to present Public Julie Wyatt, Senior Planner, provided the backup materials for this item. This item is a request to approve a Detail Plan for Planned Development 174 (PD-174) Country Lakes North District for aj private amenity center. This request does meet the criteria for approval which come from the 1991 Denton Development Code (DDC). The Concept Plan was approved in 1999. The Detail Plan for the residential development was approved in 2000. At that time, the approved ordinance required that a separate Detail Plan be submitted for the amenity center and the school location. This amenity center will have a swimming pool, a putting green, two bocce ball courts, a soccer Commissioner Beck asked ift there are existing pools within this development. Wyatt, responded Vice-Chair Briggle asked if the amenity center was included within the PD-174 and that the commission is only looking at the flow of traffic, landscaping, and what it is going to look like.  Hearing Item 3D.  field, and multi-age playground equipment. Staffrecommends: approval. yes there is pool and it located within the Argyle city limits.  Wyatt responded yes, the amenity center was aj part of the original plans. Vice-Chair Briggle adjourned the Work Session at 6:19; p.m.  REGULAR MEETING  Vice-Chair Briggle called the Regular Meeting to order at 6:33 p.m.  The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, August 10, 2016 at 6:30 p.m. in the City Council Chambers at City Hall, 2151 E. McKinney at which time  the following items were considered: 1. PLEDGE OF ALLEGIANCE  A. U.S. Flag B. Texas Flag  2. ITEMS FOR INDIVIDUAL CONSIDERATION  A. ADP16-0005 Consider approval of an Alternative Development Plan (ADP) for the construction ofa 5.947 square foot medical clinic. The subject property is generally located between Mesa and the South Interstate 35 East Service Road, approximately 215 feet south of the intersection of Mesa Drive and Barcelona Street within a Regional Center Commercial Downtown (RCC-D) District. (ADP16-0005. Health Services of North Texas, Cindy Jackson, Senior Planner, provided the backup materials for this item. She stated that the request is to consider an Alternative Development Plan (ADP) for the construction of an  Cindy Jackson)  6    outpatient medical clinic. The applicant is requesting three (3) deviations from the Denton Development Code (DDC). The deviations requested are front orientation of the building, parking on the side or the rear, and a fifteen foot landscape buffer. This new clinic will be located next to their pre-existing clinic located to the north of this site. They are trying to create Vice-Chair Briggle asked that the applicant come forward for questions. Rob Hudson, Commissioner Devin Taylor motioned, Commissioner Andrew Rozell seconded to approve this request. Motion approved (5-0). Vice-Chair Briggle "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner. Andrew Rozell "aye", and Commissioner B. ADP16-0009 Consider approval of an Alternative Development Plan for the construction of a5.200 square foot medical clinic. The subject property is generally located on the south side of Medpark Drive, approximately 327 feet southeast of the intersection of Medpark Drive and Brinker Road within a Regional Center Commercial Neighborhood (RCC-N) Cindy Jackson, Senior Planner, provided the backup materials for this item. She stated that the request is to consider an Alternative Development Plan (ADP) for the construction of a medical office with the parking between the building and the street. The applicant is requesting that the parking be located in the front of the building. This deviation will allow the layout of the proposed medical office to mirror the adjacent medical office with regard to placement, front  campus atmosphere. Staffrecommends approval ofthis request.  representing Health Services ofNorth Texas, spoke in favor oft the request.  Devin Taylor "aye".  District. (ADP16-0009. Medpark Medical Office, Cindy Jackson) )  landscape buffer, and parking. Staff recommends approval of this request. Vice-Chair Briggle asked that the applicant come forward for questions. Matt Moore, Clay Moore Engineering, spoke in favor oft the request.  Commissioner Larry Beck motioned, Commissioner Frank Dudowicz seconded to approve this request. Motion approved (5-0). Vice-Chair Briggle "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Andrew Rozell "aye", and Commissioner  Devin Taylor "aye". 3. PUBLIC HEARINGS  A. Z16-0012 Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request from a Neighborhood Residential 4 (NR-4) District toa Neighborhood Residential Mixed Use (NRMU) District on an approximately 0.17 acre property located at 309 Hettie Street, in the City of Denton, Denton County, Texas. (Z16-  0012, McKinney Street Office, Mike Bell)  7    Vice-Chair Briggle stated that this item will be continued to the September 14, 2016, Planning Vice-Chair Briggle opened the Public Hearing. Vice-Chair Briggle closed the Public Hearing. B. Z16-0010 Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request of approximately 80.49 acres of land from a Neighborhood Residential 2 (NR-2)District and a Neighborhood Residential Mixed Use (NRMU) District toa Community Mixed Use General (CM-G) District, and an initial zoning of approximately 1.67 acres of land from Rural Residential (RD-5X) District to a Community Mixed Use General (CM-G) District, generally located on the east side of Teasley Lane, approximately 825 feet south of Montecito Drive. (Z16-0010. Teasley Lane High School  and Zoning Commission Meeting. There was no one to speak on this item.  Addition. Hayley Zagurski)  Vice-Chair Briggle opened the Public Hearing.  Hayley Zagurski, Assistant Planner, provided the backup materials for this item. This item is a rezoning request for Neighborhood Residential 2 (NR2) District and Neighborhood Residential Mixed Use (NRMU) District to Community Mixed Use General (CM-G) District and 1.67 acres changed from Rural Residential (RD-5X) District to Community Mixed Use General (CM-G) District. This rezoning will eliminate the non-conformity and it will unify the zoning. Zagurski stated that staffrecommends approval and notices were sent out with no responses received. Bill Coleman, Coleman & Associates, representing Denton Independent School District, spoke in  favor of this request.  There was no one to speak on this item. Vice-Chair Briggle closed Public Hearing.  Commissioner Frank Dudowiczi motioned, Commissioner Devin Taylor seconded to approve this request. Motion approved (5-0). Vice-Chair Briggle "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Andrew Rozell "aye", and Commissioner C. Z16-0009 Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request from Planned Development 138 (PD-138) Hunter Ranch District to Regional Center Commercial Neighborhood (RCC-N) District on approximately 3acres. located east of] I-35W, approximately 710 feet north of Crawford Road. (Z16-0009, Julie Wyatt, Senior Planner, provided the backup materials for this item. This item is a rezoning request for Planned Development 138 (PD-138) Hunter Ranch District to Regional Center Commercial Neighborhood (RCC-N) District. The applicant is requesting this rezoning to develop this site with a specialty hospital and medical offices. Staffrecommends approval ofthis  Devin Taylor "aye".  Ranch View Specialty Hospital, Julie Wyatt)  request. Notifications were mailed, but no responses were received.  8    Vice-Chair Briggle opened the Public Hearing.  Commissioner Taylor asked about the Tree Preservation Plan for this site. Wyatt put the plan up on the podium for review and explained what the applicant was proposing. Taylor asked about the various designation shown on the plan. Wyatt responded that the symbols show the trees that Daniel Franklin, representing the applicant, spoke in favor of the request. His address is 5013 There was no one to speak on this item. Vice-Chair Briggle closed the Public Hearing. Commissioner Devin Taylor motioned, Commissioner Andrew Rozell seconded to approve this request. Motion approved (5-0). Vice-Chair Briggle "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Andrew Rozell "aye", and Commissioner D. PDA16-0004 Hold a public hearing and consider making a recommendation to City Council regarding approval of a Detailed Plan of Planned Development 174 (PD-174) Country Lakes North District to depict an amenity center on approximately 3.26 acres. The subject property is generally located on the southeast side of John Paine Road, approximately 110 feet northeast of Athens Drive within Planned Development 174 (PD-174) Country Lakes North District. (PDA16-0004. Country Lakes North Amenity Center, Julie Wyatt)  arel being removed and thei trees that are being preserved.  Vineyard Lane, McKinney, Texas.  Devin Taylor "aye".  Vice-Chair Briggle opened the public hearing.  Julie Wyatt, Senior Planner, provided the backup materials for this item. This item is ai request to approve a Detail Plan for Planned Development 174 (PD-174) Country Lakes North District for aj private amenity center. This request does meet the criteria for approval based on the 1991 Denton Development Code (DDC). The approved ordinance requires that a Detail Plan be submitted for the amenity center. Staff recommends approval of the request based on the 1. All original conditions of approval and subsequent modifications associated with PD-174 2. The Detailed Plan and Landscape Plan as submitted shall guide the development of the 3. The Elevations and Site Details submitted shall guide the development of the cabana  following conditions;  shall remain valid, unless specified herein.  site. building.  Notifications were sent out to all parcels within the Planned Development.  Commissioner Taylor asked about the Detail Plan meeting the code. Wyatt responded yes, it meets the code. Taylor stated that it looks like it is similar to what we have been seeing. Wyatt responded that she had applied the current code requirements during her review because iti is  9    within a residential area. Taylor stated that this exceeds the 1991 code requirements. Wyatt The applicant, Mr. Jim Douglas, 2309 K. Ave, Suite 100, Plano, Texas 75074, spoke in favor of  responded yes it does. this request.  The following individuals spoke during the Public Hearing: school being across the street from the amenities center.  Mrs. Davie Lloyd 9813 Meadow Creek Dr., Argyle, Texas, shared her concerns about a Ms. Beverly Braddy, 5717 Tawakon Dr., Argyle, Texas. She shared her concerns about Mr. Tim Maddox, 5720 Balmorhea Dr., Argyle, Texas. He spoke in support of the request. He asked ift the soccer fields would be used by the city, orj just for the neighborhood. Mrs. Tracy Maddox, 5720 Balmorhea Dr., Argyle, Texas. She spoke in support of the request. She also wanted to know when will there be more discussion between the City of Argyle and the City of Denton to coordinate the road improvements for Crawford Road. Mr. Anthony McDovan, 5200 Brookside Dr., Argyle, Texas. He asked what happened to Ms. Theresa Pennypacker, 5809 Tawakoni Dr., Argyle, Texas. She spoke in support of the request. She shared her concerns about the limited access to get in and out of the subdivision. Mr. Bradley Quick, 9204 Benbrook Lane, Argyle, Texas. He spoke in support of the Mr. Donald Padila, 5353 Teasley Lane, Denton, Texas. He spoke ini favor of the request. Mr. Jeff Greesa, 5916 Eagle Mountain Dr., Argyle, Texas. He spoke in favor of the  parking.  the school that was supposed to bel built within Country Lakes.  request. request.  Vice-Chair Briggle closed the public hearing.  Commissioner Larry Beck motioned, Commissioner Andrew Rozell seconded to approve this request. Motion approved (5-0). Vice-Chair Briggle "aye", Commissioner Frank Dudowicz yc/Commisionerlary Beck "aye", Commissioner Andrew Rozell "aye", and Commissioner  Devin Taylor "aye". 4. CONCLUDING ITEMS  Commissioner Beck asked about eliminating parking requirements. Munal Mauladad, Deputy Director, requested that Commissioner Beck email his request and it will be incorporated in the  Matrix.  Vice-Chair Briggle adjourned the Regular Meeting at 7:45 p.m.  10    Jim Strange/ Chair  x9ye  xnN  Catherine' Welborn Administrative. Assistant m  11