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03/11/2019-PZ-Minutes-Regular MINUTES: Planning & Zoning Commission March 11, 2019 MEMBERS PRESENT: Marissa Barrett, Matt Fuller, Sandra Hensley, Dennis Dillon, Sally Amendola, Bo Cooper MEMBERS ABSENT: Phillip Surles OTHERS PRESENT: City Planner Muzaib Riaz, Permit Technician Stefani Dodson, City Engineer Tracey LaPien, Kenny Zollinger, Daphne Zollinger 1. Call Planning & Zoning Commission Meeting to Order. 7:04 P.M. 2. Determine Presence of a Quorum. 3. Pledge. 4. Consider and Possibly Adopt Minutes of the Meeting of February 11, 2019. Commissioner Hensley made a motion to accept minutes. Seconded by Commissioner Fuller. Motion passes unanimously. 5. Consider, Discuss and Act on the Final Plat of Lots 1-9, Block A, Phase 1; Lots 10-14, Block A, Phase 2; and Lots 1-2, Block B, Phase 2 of CR 200 Estates Addition, Being 21.36 Acres in the ED Bradley Survey, Abstract Number 34 and in the Edward Survey, Abstract Numbers 1705, in the Extraterritorial Jurisdiction of the City of Sanger, Denton County, Texas, and Cooke County Texas, Generally Located South of County Road 200 and Approximately 4950 feet west of I-35. Muzaib speaks briefly and goes over the staff report. Explains this is the final plat of two phases. It is proposed 15 residential and 1 commercial lots. Muzaib said he had not been able to correct his Staff Report but the plat does not meet City of Sanger Subdivision Ordinance at this time. During the Engineering Review it came up that there is drainage requirements that need to be met at this time. The applicant has addressed all the planning comments and Denton County Comments. The Engineering comments have not been met. That is why Staff is recommending approval with the condition all of City of Sanger Engineering comments have been addressed by Friday, March 22, 2019. Sally asks what Engineering comments need to be met? Tracey LaPien stands up to speak about the plat. This final plat is with Denton and Cooke County. The main concern is drainage problems. Where is the drainage going to go? With that there may be some adjustment with the easement lines with CR 200. He is just needing more information. Kinney Zollinger – yall just approved our lots on the South end of the property without any drainage study required from Sanger. These lots are at the top of the hill and you don’t need a drainage study. Plans, we don’t even know if we are doing a road back there or not. Yall requested that we show something on the rest of the property correct? Muzaib said yes that is correct. Mr. Zollinger says he thinks this is absurd and yall approved it on the low end of the property. Why would it change now just because the Engineer is here now? We only got comments 2 days ago about an engineering study. This is not necessary. Tracey LaPien again. The City of Sanger has different requirements for a preliminary and final plat. The City of Sanger does list out the requirements along with Cooke County. Cooke County just came out with their new requirements in January, 2019. Kinney says the easements came from CoServ and Bolivar Water. Daphene Zollinger- We spoke with Cooke County on Thursday after receiving the comments. They were not in agreement that the City of Sanger Engineer is putting requirements on that are out of your jurisdiction. This property isn’t in the City Limits and the City has no jurisdiction in the requirements for Cooke County. If the City has comments for Denton County they can but CR 200 is completely in Cooke County and Sanger nor does Denton County have jurisdiction. They felt like The Sanger Engineer was over stepping the boundary by trying to address things out of his jurisdiction. We felt like he is as well. We just did a preliminary and a final plat just around the corner for 2 acre lots and there was not these requirements. So if you are saying the difference is because of a preliminary and a final it doesn’t make sense because you did not have these requirements then. Commissioner Fuller clarifies where the 2 acre lots were on Metz Rd. They said yes. Marissa agrees the jurisdiction is a bit confusing. She asks if it could be clarified. Tracey stands up to address the board. The Northern part of the property is in Cooke County and the Southern part is in Denton County. They refer to the map. There isn’t an inter local agreement with Cooke County. They will need to seek approval through Cooke County. Tracey goes over the map. Zollinger shows an updated plat that addresses the problems that were brought up. They just don’t think they need to do a drainage study. Commissioner Amendola asks if they have seen the updated plat. Commissioner Barrett brings up that the concern is they want to protect future residents. Tracey further explains the plat. Also explains drainage. Commissioner Barrett asks is this something we do now or is it something we deal with at a later time? Tracey LaPiene explains that is something we need to deal with now. Mr. Zollinger states that this is a Cooke County matter and not our jurisdiction. He says the Judge said they are confused as to why we are setting requirements for Cooke County. Tracey LaPiene says his comments are that he needs verification that all of this would be acceptable. He said he had also met with the Judge on Friday and he expressed a different opinion than that was being stated. Commissioner Amendola asks if we have an approval from the Judge in Cooke County. Muzaib responds and says no we do not. Commissioner Barrett asks if we can request a letter from Cooke County Judge with an approval from them as a requirement. Commissioner Fuller says he feels that we are starting to step outside of something we have no control over. He doesn’t think we can require a letter from Cooke County as it is not our jurisdiction. He further explains that we have no control above the line Commissioner Amendola asks if this could cause potential drainage problems for the Sanger ETJ if Cooke County has different Requirements. Tracey LaPiene says in his professional opinion yes. Mr. Zollinger said a few months ago there was not a problem and now that he is on top of a hill then there is a problem. He does not think we need to require a drainage study. Mrs. Zollinger said they did not have time to address everything on the new plat because they got comments on Thursday. They did address everything that is Denton County but nothing with Cooke County. Commissioner Cooper made a motion to approve with the condition that the Engineering Comments are addressed after they have been amended and the Judge is ok with Cooke County. Commissioner Amendola seconded the motion Commissioner Fuller abstained vote Motion Passes 6. Adjourn 7:39 P.M.