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Planning and Zoning Commission Minutes - 06/11/2025 MINUTES PLANNING & ZONING COMMISSION June 11, 2025 PRESENT: Jeremy Woodward *Chairman Noros Martin *Member Alan Sizemore *Member Michael Grassi *Member Brady Enlow *Member Doug McCulloch •Member Jack Browne *Alternate No.1 Teresa Rose •SAFB Liaison Paul Menzies, Assistant City Manager •City Staff Terry Floyd, Development Services Director •city Staff Fabian Medellin, Planning Manager •City Staff James McKechnie,City Attorney •City Staff ABSENT: Blake Haney *Vice-Chair Steven Wood *Member Matt Marrs *Member GUESTS: Kent Fehr *Applicants Josh Hartmangruber •Applicants I. CALL TO ORDER The meeting was called to order by Chairman Jeremy Woodward at 2:01 pm. II. PUBLIC COMMENTS Chairman Woodward asked if there were any comments from the public for any items not on the agenda. No one from the public had any comments. III. ADOPTION OF MINUTES 1 Chairman Woodward asked if any of the members of the Commission have a motion to approve the May 14, 2025 meeting minutes. Commissioner Noros Martin made the motion, and Commissioner Michael Grassi seconded the motion. Chairman Woodward asked if anyone from the public would like to make a comment. No one came forward with any comments. Chairman Woodward then took the motion to approve the May 14, 2025 meeting minutes to a vote. The motion passed with a vote of 7 - 0 in favor. VI. REGULAR AGENDA 1) C 25-11 2312 Doris Street Request to allow for a carport in the required front setback in the Single Family -2 (SF-2) zoning district. Applicant— Pro Siding &Windows Owners —Tracy & Kent Fehr Chairman Woodward asked if there was a motion. Commissioner Jack Browne made a motion to approve, and Commissioner Michael Grassi seconded the motion. Mr. Fabian Medellin presented the case and informed the Commission that the property is located in the north central part of town, on Doris Street, just off the intersection of Missile and Hooper Road, and is in the Single Family-2 Zoning District. The proposed structure is 25 X 22, essentially putting the structure right at the front property line. Mr. Medellin stated that recently there has been an increase for carport requests, which has generated discussions regarding general setback requirements, and have had many permits for carports through our inspections division. Slides of the subject site, and views of the neighboring properties in the area were shown, and it was pointed out that there were multiple properties in the area that have carports. Staff sent notices to property owners in the 200-foot radius of the subject property. With a total of 23 notices that were sent, one response was returned 2 and it was in favor of the proposed carport. Staff does recommend the request for the proposed structure in the required front setback of 2312 Doris Street, with the condition of a future inspection at the time of permitting. Chairman Woodward asked if the applicant would like to make a statement, but the applicant declined to make a statement. Chairman Woodward opened up comments to the public, and with no comments from the public he opened up comments to the Commission. With no further discussion Chairman Woodward took the motion to vote. The motion was approved with a vote of 7-0. Chairman Woodward stated that Commissioner Doug McCulloch will be recusing himself from the next case. 2) R 25-05 4700 Gregq Road Chairman Woodward opened the public hearing at 2:06 Request to rezone+/-30.23 acres of land from Single Family-1 (SF-1)to Single Family 2 (SF-2) and +/- 9.39 acres of land from Single Family -1 (SF-1) to General Commercial (GC) zoning district both located at 4700 Gregg Rd. (43.06 Acres, Block 12, Denton County School Lands, LG2); and amend the Land Use Plan from Low Density Residential to Commercial to allow for the construction of standard lot residential subdivision and commercial development. Applicant—Josh Hartmangruber Owner— Doug McCulloch Mr. Medellin Chairman Woodward asked for a motion, and Mr. Marrs made the motion to approve the request following with Commissioner Noros Martin seconding the motion. Mr. Medellin presented the case and stated that staff met with Mr. McCulloch and Mr. Hartmangruber to discuss the potential purchase and then subdivision of the 43-acre tract. Mr. McCulloch discussed the layout of a residential subdivision with the potential for commercial properties along Southwest Parkway. The property is currently zoned Single Family-1 with a stretch of about 175 feet that (that runs parallel to Gregg Road) that is zoned General 3 Commercial. Mr. McCulloch has now become the owner of the property in question, and is proposing to add an additional 250 swath along southwest Parkway for a proposed commercial subdivision there, and to the south of that is requesting to change the Single Family-1 to a Single Family-2 zoning district. He is requesting this for a couple of reasons, the most important of those being frontage requirements. With Single Family-1 requirements the lot size needs to be a minimum of 8,500 square feet with a frontage requirement of 60 feet wide, and the Single Family-2 requirements are 5,000 square foot minimum lot size with a frontage requirement of 50 feet wide. By transitioning to the Single Family-2 zoning, this would allow for more density, more single family uses. This land was originally zoned Single Family-1 when it was annexed into the city in 2005. When an annexation is approved,the newly annexed land defaults to the Single Family-1 zoning district. It was pointed out that the commercial properties along Southwest Parkway would be buffered to the residential properties by a commercial street that Mr. Medellin noted in one of the slides. Mr. Medellin reiterated that the proposed request would leave the existing General Commercial along Gregg Road, creating a 250 swath of General Commercial zoning along Southwest Parkway, and then transitioning the remaining 30 acres from Single Family-1 to a Single Family-2 zoning district. Then, as part of that, updating the land use plan from low density residential to commercial for that portion that is currently low density residential along the Southwest Parkway frontage. Staff did post signs out on the site as part of our notification process, and a Times Record News notification was posted. Letters (63) were mailed out to neighboring properties, and from the responses that were sent back, five were in favor and two were opposed. Based on the feedback from the two responses that were opposed, they would want any commercial development as far away from them as possible. Mr. Medellin stated that if one would consider Mr. McCulloch's layout, he does take strides and efforts to protect those single- family residences and future single-family residences. Mr. Medellin said that staff does recommend the approval of the proposed zoning request, transitioning 30 acres from Single Family-1 to Single Family-2, and 9.39 acres from Single Family-1 to General Commercial, and updating that portion of land use plan from low density residential to commercial. Chairman Woodward asked if anyone from the public would like to make a comment. No one came forward to make a statement. 4 Chairman Woodward closed the public hearing at 2:13 pm. Chairman Woodward asked if there was any discussion from the commission, and there was none. Commissioner Jack Browne made a motion to recommend the case, and Commissioner Noros Martin seconded the motion. Chairman Woodward took the motion to vote, and it passed with a vote of 6-0 (with one abstaining). Commissioner Doug McCulloch returned to the Commission panel. VI. OTHER BUSINESS Mr. Medellin updated the Commission on the last rezone case, which was 5201-5207 Stone Lake Drive, that was approved by City Council at the June 2nd meeting. (The rezone will take effect July 2nd). The Heart of the Falls Revitalization area and zoning overlay district was spoken about to update the Commission. It was noted that staff was hosting a community event at Bridwell Park in an effort to showcase the mural that is . av currently being painted on the multi-purpose court, and secondly to be out there to discuss and take input from the community regarding the overlay district. (This was done in place of sending out 2,800 mailers, which would have been required to be sent out twice.) Staff felt by having the event, it would actually result in receiving more responses than by the mailers. Mr. Medellin touched the Legislative session that had a number of bills that made it all the way through the Congress, through the House, and made it to the Governor. He presented four bills that will directly impact what we do and how we operate, and potential amendments that will be needed. He noted that while they have been approved by the Congress and by the House, they have not been signed by the Governor as of yet. The Governor will have a week, to a week and a half, to determine if he will sign them into law, or veto the bills. If the Governor decides to do nothing with the bills, then they will become law. Some of the bills noted in the discussion: House Bill 24 — The bill now defines comprehensive zoning changes. That would be zoning changes that will increase residential densities that are essentially citywide changes, or changes that are over a specific geographic 5 area like our neighborhood overlay district. The bill's intent is to change the supermajority requirements, so it distinguishes between your comprehensive zoning changes and the non-comprehensive zoning changes. Comprehensive zoning changes will still be under the previous 20% rule. If 20% of the property owners within that given rezone area, either lots or land, and/or 20% of the surrounding 200-foot buffer, lots or land, are opposed to a specific protest, that governing body is required a super majority vote in order to pass that amendment. Which is still in effect. Mr. Medellin continued, "However, for your changes, what they call the comprehensive zoning changes (where you're increasing residential densities), that threshold is going to be increased to 60%. That's going to be things like your one-off zoning district changes, potentially like going from Single Family-1 to General Commercial. That's an increase in residential densities that will require that higher threshold before we will allow, or be required, to follow that super-majority city council vote. Then the bill also adds some specific language with sign postings and sign size requirements. We do locally have posting requirements. However, we didn't have any size requirements, so that'll be something that we'll have to look at. If the Governor does sign it, this bill will go into effect the first of this year." House Bill 2464 — Home based businesses — Mr. Medellin This bill is geared specifically for the regulation or preemption of how we permit, or allow, for home-based businesses. We do have a section of the ordinance that does allow for that. What this bill does is essentially establish what a home-based business is and what it calls a no-impact home-based business. The bill essentially preempts us from regulating in a couple of different ways; no impact home-based businesses. That's a business where there's no increases in traffic or parking. The activity of the business isn't visible from the right of way. That is a business that you wouldn't know is there if you were driving down the street. What it does prohibit us from doing is requiring permits for a home-based business, which we don't currently require rezoning or seeking any special permissions for home-based business, which we don't. Sprinkler systems for that single family, and it also includes two family structures, so your duplexes. But what it does allow us to do is still regulate its compliance with other state, federal, and local laws, including some of our zoning laws, specifically for us, our noise and traffic controls, pollution, waste. What we may need to refine is our ability to regulate who is employed by that home-based business, because it is exclusively only allowed those persons that reside in that home-based business, and we may need to refine some of the language on maintaining the 6 residential character of the home-based business. He then added that we are also still allowed to limit alcohol sales, structured sober living facilities and sexually-oriented businesses. If signed by the Governor, this would take effect September 1st of this year. HB2844 — This bill is geared towards Health Department health code violations and regulations. This bill lists a number of ways how cities can no longer regulate mobile food vendors, everything from commissary kitchen requirements — to size of their propane tanks, GPS tracking, proximity to other food trucks and restaurants. Since most of those will be geared towards health codes, that will be administered by our health department. He stated that one thing that may affect us in zoning is the hours of operation. Our outdoor food court ordinance does limit hours of operation depending on the proximity to residential areas. The closer to homes, the earlier they are required to shut down, which may be something that we will have to completely remove. If signed by the Governor, it won't go into effect until September 1st HB4506 — Notification changes for zoning amendments or boundary changes. This allows municipalities to send notices electronically, either by text or by email. With this, the general public will have to opt in to a program. We currently have a program called Notify Me, which is primarily used for notification of public meetings and agenda postings. That will have to be modified for specific cases, and that way we can vet some of those responses through that program, which will potentially save time and money. If signed by the Governor, that will go into effect September 1st this year as well. HUD Code Manufactured Housing — This would prohibit a municipality from requiring special use permits, which in our language would be conditional use permits for new HUD code homes. If we allow single family units in a residential district, we also have to, by right, allow for new HUD Code Homes. It would allow us to limit those new HUD Code Homes to a singular district, like a manufactured housing district (which we do have). But those are limited to around existing manufactured home parks. Going forward, we will either have to remove them in all of our residential districts/commercial districts, or allow them by right. If signed by the Governor, or if it goes into effect because of inaction, that won't take effect until September of 2026. That would be to allow time to work through zoning changes. Mr. Medellin reiterated that we would have to remove the Zoning 7 Manufactured Home Zoning Ordinance, because in most of our zoning districts, single-family uses are allowed by right. The bill states if we allow single family homes by right, we also then have to allow HUD Code Homes by right. We can remove them completely, or allow it to stay. Mr. Medellin asked if there were any questions from the Commissioners. Mr. Browne asked if HB24 (the zoning changing protest), when speaking of the super majority requirement, would that be the super majority of the Planning and Zoning Commission? Mr. Medellin clarified that it would be super majority of the City Council. Mr. Browne asked if the city cannot regulate no impact home businesses that prohibit or obtain a license/permit. For example, we couldn't require someone to get permits if they are preparing food that they are selling out of their house? Mr. Medellin said we can't require them to have a permit, like a business license or an operating license to operate that home business. He stated that for any specific health code requirements, we can still require those permits. Chairman Woodward asked if there were any other comments or questions, which there were none. Aso V. ADJOURNMENT Chairman Woodward adjourned the meeting at 2:30 pm. 777/6 em ooaward, Chairman Date Terry oyd, Director o evelopment Date 8