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09/10/2018-PZ-Minutes-Regular MINUTES: Planning & Zoning Commission September 10, 2018 MEMBERS PRESENT: Bo Cooper, Marissa Barrett, Matt Fuller, Phillip Surles, and Sandra Hensley, Dennis Dillon MEMBERS ABSENT: OTHERS PRESENT: City Planner Muzaib Riaz, Building Official Ramie Hammonds, Permit Technician Stefani Dodson, Don Freeman, Shary Freeman, Trey Gruenwald, Steve Gerritzen, Steve DeJernett, Chad Terrill, Andrea Terrill, Matt Haskins, Teri Singleton, Steve Homeyer, Jennifer Butler 1. Call Planning & Zoning Commission Meeting to Order. 7:17 p.m. 2. Determine Presence of a Quorum. We have a quorum 3. Pledge. 4. Consider and Possibly Adopt Minutes of the Meeting of August 13, 2018. Motion to accept minutes made by Commissioner Surles. Seconded by Commissioner Fuller. Motion passes unanimously. 5. Conduct a Public Hearing Regarding the Replat of Lots 1R, 2R & 3R, Block 1, L.L. &T. Addition, Being a Replat of Lot 1, Block 1, L.L. &T. Addition, Being 7.026 Acres in the Reuben Bebee Survey A-29, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located North of FM 455 and Approximately 1300 Feet East of the Intersection of Union Hill Road and FM 455. Public Hearing Opens at 7:18 p.m. Don Freeman stands to speak. He explains he is the neighbor of the address listed and has been involved in a lawsuit with the Harkins. He explains that in 1996 they had a lawsuit that said the Harkins had to fix drainage problems on their property. They also have to maintain the areas that the drainage was fixed. If they build on the property they have to add a pond and more drainage solutions. They are presently meeting the order to fix and maintain the property. He is also upset that they cannot give the City a 30 ft. easement on their property. Muzaib states that this is a Replat and not in the City limits so we do not have jurisdiction on anything but the platting process. The easement that is on the map in not for the City because it is not in the City limits. The zoning is RC and that is with Lake Ray Roberts Zoning. He also states that the applicant is only requesting to divide the property into three parts and has not said anything about building. Lauren Harkin stands to speak to the board. She says that they have followed all the rules set by the court and explains and retention pond does not have to be built until the either the 3rd or 4th building is constructed. She also explains that the back piece of property will not be land locked as they are providing 30 ft. easement for roadway. Shary Freeman says that the Harkins are not following the rules set by the court document. Commissioner Surles askes would dividing of the property change the court order? Mr. and Mrs. Freeman speak briefly. Mr. Freeman stands up to show the board where the drainage is located on the property. Commissioner Barrett explains to the Freemans that they only can decide on the plat, the board does not have any jurisdiction on anything else. Muzaib said he sent comments to the County and is waiting to hear back from them. He asks for approval with conditions. Close Public Hearing 7:37 p.m. 6. Consider, Discuss and Act on the Replat of Lots 1R, 2R & 3R, Block 1, L.L. &T. Addition, Being a Replat of Lot 1, Block 1, L.L. &T. Addition, Being 7.026 Acres in the Reuben Bebee Survey A-29, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located North of FM 455 and Approximately 1300 Feet East of the Intersection of Union Hill Road and FM 455. Commissioner Fuller makes a motion to approve contingent on all of Denton County’s comments being met by Sept. 24th, 2018. Commissioner Surles seconded. Motion passes unanimously. 7. Consider, Discuss and Act on the Final Plat of Lot 1, Block A, DeJernett Addition, Being 3.986 Acres in the R. Bebee Survey A-29, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located East of Union Hill Road and Approximately 335 Feet North of the Intersection of Union Hill Road and Muir Road. Muzaib speaks briefly about the project and reads over the staff report. Commissioner Fuller makes a motion to pass with the condition that Lake Ray Roberts rezones to R3. Commissioner Hensley seconded. Motion passes unanimously. 8. Consider, Discuss and Act on the Minor Plat of Lot 1, Block A, Gerritzen Addition, Being 62.92 Acres in the B.F. Lynch Survey, Abstract Number 725, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located West of Melton Road and Approximately 1660 Feet North of the Intersection of Melton Road and Lois Road East. Muzaib speaks briefly about the project and goes over the staff report. He states the city will recommend approval with the condition that all of Denton County comments are completed by September 24th, 2018. Steve Gerritzen, the owner, explains that he is wanting to build carports on his property. Commissioner Fuller made a motion to approve with the condition that all Denton County comments are completed by September 24, 2018. Commissioner Barrett seconded. Motion passes unanimously. 9. Consider, Discuss and Act on the Preliminary Plat of Lots 1-14, Block A, Lakeside Addition, Being 62.91 Acres in the Carmel Manchaca Survey, Abstract Number 790, Within the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located between FM 2164 on the West and FM 455 on the East and Approximately 1200 Feet South of the Intersection of FM 2164 and FM 455. Muzaib speaks briefly about the project and goes over the staff report. Explains that the lots are 3-5 acre lots. This is a preliminary plat as there may be public improvements. Staff recommends approval with the condition that all Denton County comments are met by September 24, 2018. Commissioner Barrett asked about 4 of the lots being in the flood plain. Muzaib explains that one of the Denton County comments is about the flood plain, because they did not call it out as flood plain. Commissioner Barrett asked about utility companies. Muzaib says it is Green Springs water and CoServ electric. Commissioner Surles made a motion to approve with condition that all Denton County Comments have been met by September 24, 2018. Commissioner Barrett seconded. Motion passes unanimously. 10. Consider, Discuss and Act on the Preliminary Plat of Lots 1-29, Block A, Lots 1-6, Block B & Lots 1-24X, Block C, Parkbrook at Sanger Circle, Being a Replat of Part of Lots 1A-4A and All of Lots 5A-8A, Block A of Marion Point Acres, and Being 19.51 Acres in the Reuben Bebee Survey, Abstract No. 29 Within the City of Sanger, Generally Located East of Marion Road and Approximately 1200 Feet North of the Intersection of Marion Road and FM 455. Muzaib speaks briefly about the preliminary Replat. This has been platted before but they are wanting to reconfigure the lots to 59 lots. There will be 54 residential lots, 4 open, and 1 lot will be for utility and drainage easements. Commissioner Dillon says there seems to be a lot of unknowns and yet to be determined. Commissioner Fuller asked if this is the property that had all the drainage issues that exceeded onto others property. Matt Haskins says “No” Commissioner Fuller responds is this the one with the big pond and is answered with a yes it is the property. So it is the property I am thinking. Commissioner Barrett questions how the utilities will go under the pond now that the pond is already there. She wants to know how they would access the sanitary sewer if it is under the pond. Does staff have any concerns with utilities? She would like to know how we would access if repair is needed. Muzaib said that is one of our concerns. Barrett wants to how the pipes would be placed under the pond that is already there. Matt Haskins stands to answer questions. He is explaining where the pipes are going to go. He explains that they did the subdivision last year and it was approved with the previous engineer. The city now has a different engineer and every engineer has different opinions. He is saying they could put a burn along the front about 10-15 ft. The pond is already there because it was approved with the Estates. Says there was drainage issues because the contractor built it incorrectly. Staff recommends approval with conditions that all comments be addressed by September 24, 2018. Commissioner Dillon make a motion to approve with the conditions that all comments be addressed satisfactorily by September 24, 2018. Commissioner Surles seconded. Motion passes unanimously 11. Consider, Discuss and Act on the Preliminary Plat of Lots 1-29, Block A, Lots 1-6, Block B & Lots 1-24X, Block C, Parkbrook at Sanger Circle, Being a Replat of Part of Lots 1A-4A and All of Lots 5A-8A, Block A of Marion Point Acres, and Being 19.51 Acres in the Reuben Bebee Survey, Abstract No. 29 Within the City of Sanger, Generally Located East of Marion Road and Approximately 1200 Feet North of the Intersection of Marion Road and FM 455. Muzaib speaks briefly and reads the staff report. Staff recommends approval with the condition that the plat will not be filed until the Sanger Circle Phase 6 Public Improvements are approved and accepted. Commissioner Hensley makes a motion to approve with the condition that the plat will not be filed until the Sanger Circle Phase 6 Public Improvements are approved and accepted. Commissioner Fuller seconded. Motion passes unanimously. 12. Adjourn 8:20 p.m.