AGENDA PLANNING AND ZONING COMMISSION July 10, 2013

Transcription

1 AGENDA PLANNING AND ZONING COMMISSION July 10, 2013 After determining that a quorum is present, the Planning and Zoning Commission will convene a Work Session on Wednesday, July 10, 2013 at 6:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items will be considered: WORK SESSION 1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. 2. Receive a report and hold a discussion on Nonconforming Uses and Special Exceptions. (Johnna Matthews) 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 agendas at any time, consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections of the Texas Open Meetings Act. REGULAR MEETING The Planning and Zoning Commission will convene a Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which will be held on Wednesday, July 10, 2013 and will begin at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items will be considered: 1. PLEDGE OF ALLEGIANCE: A. U.S. Flag B. Texas Flag Honor the Texas Flag I pledge allegiance to thee, Texas one state under God, one and indivisible. 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. June 26, 2013

2 Planning and Zoning Commission July 10, 2013 Page 2 of 2 3. CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approvals and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: A. Preliminary Plat of Lot 1 and 2, Block A of the City of Denton Animal Care Addition. The acre site is located on the south side of Highway 77, west of Riney Road. The property is located within Neighborhood Residential 2 (NR-2) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning districts. (PP , Linda McNatt Animal Care & Adoption Center, Ron Menguita) 4. PUBLIC HEARINGS: A. Hold a public hearing and consider a Final Plat of Lot 1, Block A of the Jester Addition; being a residential re-plat of Lot 1, Block 1 of the Wainwright s Addition and Lot 3, Block 28 of the Old Towne Denton Addition. The approximately 0.70 acre property is generally located at the southeast corner of Sycamore Street and Wainwright Street. The property is located within a Downtown Commercial General (DC-G) zoning district. (FR , Sycamore Apartments, Ron Menguita) 5. FUTURE AGENDA ITEMS: Under Section of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 6. ADJOURN NOTE: NOTE: THE PLANNING AND ZONING COMMISSION RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING AT ANY TIME REGARDING ANY ITEM ON THE AGENDA FOR WHICH IT IS LEGALLY PERMISSIBLE. THE CITY OF DENTON CITY COUNCIL ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of, 2013 at o'clock (a.m.) (p.m.) CITY SECRETARY

3 Work Session Item 2 PLANNING AND ZONING COMMISSION AGENDA INFORMATION SHEET AGENDA DATE: July 10, 2013 DEPARTMENT: Planning and Development CASE MANAGER: Johnna Matthews, SUBJECT - Nonconforming Uses and Special Exceptions Receive a report and hold a discussion regarding Nonconforming Uses and Special Exceptions. BACKGROUND When municipalities adopt new zoning laws or amend existing zoning ordinances, in certain instances, this causes some pre-existing land uses and/or structures to no longer comply with city ordinances. In fact, each time a Greenfield development (development on an undeveloped parcel) standard is adopted for general use throughout a city, the number of nonconforming uses increases. However, to avoid property use loss due to governmental zoning actions, and to preserve existing structures and uses, most municipalities, including Denton, recognize that nonconforming land uses/structures are grandfathered in under the ordinance and are allowed to continue as nonconforming uses/structures, subject to local restrictions. The general term nonconforming use may refer to a land use, a structure or a lot. The right to continue a nonconforming use has its genesis in federal and state constitutional provisions that prohibit the unconstitutional taking of property without just compensation and due process of law. However, most states do not address the subject of nonconforming uses in their statutes. Therefore, the regulation is left largely to municipalities, and in some cases, counties. Local governments differ on how nonconformities are regulated. Local restrictions may prohibit expansion of nonconforming uses and may lose their legal status and ultimately the right to continue if, for example, they are abandoned or discontinued for a particular period of time, such as six (6) months or a year. Nonconforming structures typically lose their legal status if they are intentionally demolished or destroyed, by fire, flood or other calamity. In order to be considered nonconforming, the use or structure must be lawful at the time the zoning restriction became effective and has continued to exist. For example, a building that previously violated the building code when the zoning ordinance prohibited its use is enacted, is not a lawful nonconforming use. However, if the building was constructed lawfully and followed all codes at the time that it was constructed, but due to subsequent zoning laws, the building is no longer lawful, then the building is considered a legal nonconforming use. The Denton Development Code (DDC) recognizes two (2) types of nonconformities:

4 Agenda Information Sheet July 10, 2013 Page 2 Nonconforming Land Use Nonconforming Structures The DDC defines a Nonconforming Land Use as any use of land which was in existence and nonconforming on the effective date of the adoption of the DDC (February 20, 2002) and has been in regular and continuous use, but which does not conform to the use regulations prescribed in the DDC. Any use of land which was in existence in the City s extraterritorial jurisdiction (ETJ) and was annexed into the City and has since been in regular and continuous use, but which does not conform to the use regulations prescribed in the DDC is also considered a nonconforming land use. A Nonconforming Structure is any building, structure or site development which was in existence and lawfully constructed and located on the effective date of the DDC and has been in regular and continuous use, but which does not conform to the lot area, lot dimensions, front yard, side yard, rear yard, lot coverage, height, floor area ratio, parking, loading, building spacing, screening, landscaping, exterior brick or stone content or other regulations as prescribed in the DDC. Subchapter 11 of the Denton Development Code Nonconforming Land Use Standards The right to operate a nonconforming use shall cease under any of the following circumstances: 1. Whenever a nonconforming use is discontinued for six months all nonconforming rights shall cease. The term discontinue shall mean that the property/structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent. 2. Whenever the structure in which a nonconforming use is housed, operated or maintained is damaged by natural or accidental causes to the extent of more than 50% the right to operate such nonconforming use shall cease, except upon action of the Zoning Board of Adjustment (ZBA) to permit reconstruction of such structure and continuance of the nonconforming use. 3. In the event that a structure in which a nonconforming use is housed, operated or maintained is partially destroyed, where the damage does not exceed 50% of the value of the structure on the date of the damage, the nonconforming use may be allowed to continue, and the structure may be rebuilt upon approval of a building permit. 4. A nonconforming use terminates when the structure housing the nonconforming use is destroyed by the intentional act of the owner or his agent.

5 Agenda Information Sheet July 10, 2013 Page 3 5. A nonconforming use may be expanded or enlarged up to 50% of its size. However, all expansion or enlargement of such structure shall comply with all applicable regulations of the zoning district in which such structure is located. 6. The lawful change to tenant or ownership of a nonconforming structure shall not cause the loss of nonconforming rights. Zoning Board of Adjustment Nonconforming Status Review The right to maintain or operate a nonconforming use may be terminated by the Zoning Board of Adjustment (ZBA) in accordance with the provisions of Subchapter 11 of the DDC. Any appeal of the termination of nonconforming rights shall be made to District Court within ten (10) days of receipt of written notice of the termination by the Director. The right to operate a nonconforming use terminates if the nonconforming use is discontinued or remains vacant for six (6) months or more. The ZBA may grant an exception to this provision only if the owner can state an extreme circumstance that demonstrates that there was not intent to abandon the use even though the use was discontinued for 6 months or more. A nonconforming structure may be expanded or enlarged in excess of 50% of its size only upon approval of the ZBA. If such expansion or enlargement is approved by action of the ZBA, all provisions of the district in which such structure is located shall apply to the entire lot or parcel upon which such structure is located, and shall be applicable to the existing structure(s) as well as any new construction on the lot or parcel. Amortization of Nonconforming Uses Amortization is a valid method of eliminating existing nonconforming land uses by allowing the owner a reasonable amount time to recover their investment from the use. Amortization is a valid exercise of police power. The Texas Supreme Court, for example has recognized the public need for a fair and reasonable termination of nonconforming property uses and has determined that municipal zoning ordinances requiring the termination of nonconforming uses under reasonable conditions are within the scope of municipal police power. In fact, a zoning regulation may have as a legitimate objective the eventual elimination of nonconforming uses. In this regard Texas courts have approved the direct and systematic termination of nonconforming uses provided that adequate time is allowed to recoup an owner s investment in the property. Pursuant to Subchapter (Amortization of Nonconforming Land Uses and Structures) of the DDC, the City Council may initiate the process to amortize a nonconforming land use by filing an application to the ZBA. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the investment of the persons affected when

6 Agenda Information Sheet July 10, 2013 Page 4 considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The criteria for the ZBA to consider prior to determination of an amortization period include the following: a. The owner s capital investment in the structures on the property at the time the use became nonconforming; b. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period; c. The life expectancy of the investment; d. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases; e. Removal costs that are directly attributable to the establishment of a termination date; f. Other costs and expenses that are directly attributable to the establishment of a termination date. If the ZBA establishes a termination date for a nonconforming use, the use must cease operations on that date and the owner may not operate it after that date unless it becomes a conforming use. Special Exceptions Special Exceptions, as described in Subchapter of the DDC are unique to Denton and are generally recognized differently in other municipalities. The dictionary published by the American Planning Association (APA) defines special exceptions as a use that would not be appropriate generally or without restrictions throughout a zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. To minimize the impact of the adoption of the 2002 DDC to existing businesses and uses, Subchapter 11 of the DDC created an automatic Special Exception designation. This automatic designation allowed any existing, legal use of property, building structure or site development to remain conforming under the new regulations of the DDC. Those lots, structures and uses of land and structures which were legal prior to the adoption of the DDC in February 2002, but which would be prohibited, regulated or restricted under the terms of the new ordinance are automatically given a Special Exception designation. Unlike nonconforming uses, Special Exceptions are allowed to expand or rebuilt in certain circumstances. Pursuant to Subchapter , Special Exceptions of the DDC, the following restrictions apply to Special Exceptions: a. A land use may expand within the same lot. Expansion of a Special Exception onto an adjoining lot will require approval of City Council using the Zoning Amendment Procedure. b. A building may be expanded in keeping with the requirements of the Expansion Applicability Table found in Subchapter 13 of the DDC.

7 Agenda Information Sheet July 10, 2013 Page 5 c. A building or site may be rebuild as is after being destroyed in part or in total, except for voluntary demolitions. PRIOR ACTION/REVIEW No prior action/review EXHIBITS No Exhibits provided. Respectfully submitted: Prepared by: Brian Lockley, AICP, CPM Director of Planning and Development Johnna Matthews Senior Planner

8 DRAFT Minutes Planning and Zoning Commission June 26, 2013 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, June 26, 2013 at 5:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: ABSENT: STAFF: WORK SESSION Chair Jean Schaake. Commissioners: Brian Bentley, Thom Reece, Frank Conner, Jim Strange and Devin Taylor. None. Athenia Green, Brian Lockley, Ron Menguita, Aaron Leal, Cindy Jackson, Earl Escobar, P.S. Arora, Michele Berry and Nana Appiah. Chair Schaake called the Work Session to order at 5:04 p.m. DRAFT 1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. Strange referred to the Consent Agenda 3A, questioning if there is a right-of-way on this plat. Arora stated the easement is for a waterline on Bonnie Brae and Highway 380. Arora added the easements were already required; the City had to pay for those easements. Strange stated that answered his question. There was no further clarification of agenda items. 2. Receive a presentation and hold a discussion on the authority of the Planning and Zoning Commission established by the Denton Development Code. Lockley introduced the new Assistant Planner, Michele Berry. Lockley stated this Commission is one of six judicial or quasi-judicial boards. The authority of this Commission is established in Subchapter 4 of the Denton Development Code (DDC). Lockley stated Subchapter 11 of the DDC establishes the Special Exceptions and Legal Non-Conforming Uses. Bentley questioned grandfathering provisions; Lockley stated the City does not have grandfathering provisions. Schaake questioned if the property is sold and there is a new owner if the Special Exception would continue; Lockley stated yes the Special Exception is for the property and not the owner. Bentley questioned the statement on Agenda Information Sheets that the Development Review Committee (DRC) recommends approval. Lockley stated the statement could mention the requirements have been met; however, that doesn t mean that the DRC is in support of either one. Bentley stated citizens that aren t aware of the process wont fully understand exactly what exactly it is that staff is approving. Conner stated they would know it is the item before them that is being approved or recommended. Lockley added the applicant has to meet the minimum

9 criteria before it could be brought before this Commission. There was no further discussion. Schaake closed the Work Session at 5:46 p.m. REGULAR MEETING The Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was held on Wednesday, June 26, 2013 and began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: Commissioner Schaake called the Regular Meeting to order at 6:58 p.m. 1. PLEDGE OF ALLEGIANCE: A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under God, one and indivisible." 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. June 12, 2013 Commissioner Devin Taylor motioned, Commissioner Brian Bentley seconded to approve the minutes. Motion approved (6-0). 3. CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approvals and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: A. Final Plat of Lot 10, Block 1 of the Rancho Vista Addition. The approximately 1.7 acre property is located on the southeast corner of the intersection of University Drive/U.S. 380 and Bonnie Brae within the R. Beaumont Survey, Abstract No. 31. The property is located within a Commercial Mixed Use General (CM-G) zoning district. (FP , Rancho Vista Addition, Cindy Jackson) Commissioner Thom Reece motioned, Commissioner Frank Conner seconded to approve the Consent Agenda. Motion approved (6-0). 2

10 ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a six month extension to the Final Plat of the Yorlum Addition (FP ). The approximately acre property is located on the east side of Masch Branch Road, approximately 971 feet south of the intersection of Masch Branch Road and U.S. 380/W. University Drive within the William Bryan Survey, Abstract No The property is located within an Industrial Center Employment (IC-E) zoning district. (PE , Yorlum Addition, Cindy Jackson) Jackson stated this request is for a 6 month extension; the utilities located south of the subject site were under design and impacted the design of the subject site. The preliminary plat was approved before this Commission on October 10, 2010; and the final plat was approved before this Commission on July 6, Jackson stated staff recommends approval of this request. There was no further discussion. Commissioner Frank Conner motioned, Commissioner Brian Bentley seconded to approve this request. Motion approved (6-0). 5. PUBLIC HEARINGS: A. Hold a public hearing and consider making a recommendation to City Council regarding a amending the Denton Development Code by amending the duration of a permit for Farmer s Markets and by adding Open Air Market as a temporary use in Subchapter (DCA , Farmers Market, Ron Menguita) Menguita stated staff is proposing to extend the permit duration for a Farmer s Market from six (6) months to nine (9) months. This would result in having a Farmer s Market open from early spring to late fall. In addition, staff is proposing to add Open Air Market as a temporary use in Subchapter of the DDC. Schaake opened the Public Hearing; there was no one to speak on this item. Schaake closed the Public Hearing. Schaake questioned if this item goes before City Council if the permit duration will become effective immediately. Menguita stated it would be effective 14 days after the City Council approval. Commissioner Devin Taylor motioned, Commissioner Thom Reece seconded to approve this request. Motion approved (6-0). B. Hold a public hearing and consider making a recommendation to City Council regarding a text amendment to Subchapter of the Denton Development Code regarding Limitation (17). (DCA , Text Amendment, Brian Lockley) Menguita stated staff is proposing that L(17) be amended as follows: L(17) = Uses are limited to no more than twenty-five thousand (25,000) square feet of gross floor area per lot, other permitted uses may be larger with the approval of an Specific Use Permit. Menguita stated an issue is in some instances, a building greater than 25,000 square feet can develop without diminishing the use and character of adjacent properties. There was no further discussion. 3

11 Schaake opened the Public Hearing. There was no one to speak on this item; Schaake closed the Public Hearing. Commissioner Thom Reece motioned, Commissioner Brian Bentley seconded to approve this request. Motion approved (6-0). C. Hold a public hearing and consider making a recommendation to City Council regarding a Detailed Plan to allow a 1,691 square-foot building for auto laundry on acre property located within the Wheeler Ridge Planned Development District (PD-176). The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road. (Z , Clean and Green Car Wash, Nana Appiah) Appiah stated this request is to allow 1,691 square-foot building for auto laundry (car wash) on acre property located within the Wheeler Ridge Planned Development District (PD-176). There were 7 public notices sent to property owners within 200 feet of the subject site and 71 courtesy notices sent to property owners within 500 feet of the subject site. Of those returned there was one in favor and one neutral to the request. Staff recommends approval of this request subject to staff conditions listed in the backup. Taylor questioned if there is a roadway around the proposed carwash that isn t allocated. Appiah stated the aerial photo provided is not up to date. Lee Allison, Allison Engineering Group, 401 S Locust St, Denton, Texas Allison stated the subject site goes to the storage site that boarders the property. There is a common access easement in the rear of the property that is used for solid waste trucks. Schaake opened the Public Hearing; there was no one to speak on this item. Schaake closed the Public Hearing. Commissioner Frank Conner motioned, Commissioner Devin Taylor seconded to approve this request subject to staffs conditions. Motion approved (6-0). 6. FUTURE AGENDA ITEMS: Under Section of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. Lockley stated the July 10 th packet will include the City Council Matrix. There was no further discussion. Schaake adjourned the meeting at 7:25 p.m. 4

12 Public Hearing Item 4A PLANNING AND ZONING COMMISSION AGENDA INFORMATION SHEET AGENDA DATE: July 10, 2013 DEPARTMENT: Planning Department CASE MANAGER: Ron Menguita, SUBJECT - FR (Sycamore Apartments) Hold a public hearing and consider a Final Plat of Lot 1, Block A of the Jester Addition; being a residential re-plat of Lot 1, Block 1 of the Wainwright s Addition and Lot 3, Block 28 of the Old Towne Denton Addition. The approximately 0.70 acre property is generally located at the southeast corner of Sycamore Street and Wainwright Street. The property is located within a Downtown Commercial General (DC-G) zoning district. BACKGROUND The subject site is currently developed with three single-family buildings which the applicant is proposing to redevelop into a multi-family development. The purpose of the re-plat is to create one lot so that the applicant can construct one new multi-family building, see Exhibit 5. The Planning Department sent certified notices of the public hearing to property owners within 200 feet of the site and courtesy notices to residents within 500 feet of the site. Public notification information is provided in Exhibit 6. As of this writing, staff has received no notices within 200 feet of the site. The Denton Development Code (DDC) defines a re-plat as a change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. In addition to the above, Section of the Texas Local Government Code states that a re-plat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: 1. is signed and acknowledged by only the owners of the property being re-platted; 2. is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and 3. does not attempt to amend or remove a covenants or restrictions.

13 PRIOR ACTION/REVIEW No prior action/review. OPTIONS 1. Approve as submitted 2. Approve with conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Development Review Committee recommends approval of the proposed re-plat. EXHIBITS 1. Location Map 2. Zoning Map 3. Existing Plats 4. Proposed Plat (also refer to full size plat document in your back-up) 5. Proposed Site Plan 6. Notification Information Prepared by: Ron Menguita, AICP Development Review Liaison Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development

14 Exhibit 1 Location Map

15 Exhibit 2 Zoning Map

16 Exhibit 3 Existing Plat Wainwright s Addition

17 Old Towne Denton Addition

18 Exhibit 4 Proposed Plat

19 Exhibit 5 Proposed Site Plat

20 Exhibit 6 Notification Information Public Notification Date: June 24, ft. Legal Notices sent via certified mail: ft. Certified Notices sent via regular mail: 78 Number of responses to 200 Legal Notice In opposition: 0 In Favor: 0 Neutral: 0