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09/17/2007-CC-Minutes-Work SessionMINUTES: City Council Workshop September 17, 2007 PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir OTHERS PRESENT: City Manager Mike Brice, City Secretary Rose Chavez, Cecile Carson Economic Development Director. 1. Call Meeting to Order. Mayor called meeting to order. 2. Discussion on Planning and Zoning Changes Listed on September 17, 2007 Council Agenda. City Manager discussed one of the items on the agenda that included the Planned Development for Ranger Creek. He advised that when the original plat was submitted it indicated 20 ft. rear set backs on the lots. Then someone later caught that the setbacks should reflect the 25 ft. set backs according to the zoning on the property. According to the owners of the property they were not aware it had ever been changed to a 25 ft. set back. The size houses they are building do not fit on the lots with a 25 ft set back. The developer is requesting to build some larger homes and in order to fit those homes on the property they will need to come in and request variances on every lot. Staff recommended that they come in with a planned development to solve the problem. Discussion continued concerning the preliminary plat and final plat. Councilman Ervin expressed that this is the reason that a preliminary plat is submitted to make the changes that are to be submitted in the final. This is the reason the plat was changed. Councilman Garza indicated that in Phase I ' they originally had 25 ft set backs and when they built their first house they wanted the variance of 5 ft. For some reason, at that time they were possibly given carte blanch for a 20 ft. setback. Councilman Ervin indicated that they should be including Phase I on this Planned Development to avoid them from coming back for a variance. He expressed that he is not against bigger homes; however, he does not favor smaller lots by reducing the setback requirements. Councilman Garza indicated that if this is adopted, will the developer come back with lessor setbacks, possibly 15 ft. setbacks at a later date. Councilman Garza indicated that if this is adopted, will the developer come backwith lessor setbacks, possibly 15 ft. setbacks at a later date. Councilman Walker emphasized that maybe council needs to re -exam the lot sizes and adjust them. Discussion followed concerning ordinances concerning platting, building permits, and variance requests. There was also discussion concerning a side yard variance request on Ranger Creek and the process on how the building permit was issued. Council indicated that the building department needs to make sure the information that is given, complies with the building code requirements that are set by ordinance. City Manager advised that having a full time inspector and revising the process of issuance of building permits will be the key in improving the process. Discussion on time limits for preliminary plats. Councilman Ervin inquired on changing the zoning of the existing lots to planned development. He expressed a concern that those property owners did not get notice. Councilman Muir discussed the preliminary platting process in the City of Denton, which is detailed and it goes to every foreman in the City who makes comments concerning the plat. He paid a fee to the City of Denton before he bought the property to meetwith parks, streets, fire, etc., to review potential problems before they happened. Discussion continued on the implementation of new procedures. The importance of following park requirements regarding dedication of land or money in the beginning stages of the development process, instead of waiting for a subdivision to be completely developed. Discussed that the construction of streets should be handled in the same manner. City Manager discussed item # 8 on the agenda concerning the plat for Habitat for Humanity. The plat was turned down by the Planning and Zoning due to the number of lots on the plat, which at that time was four lots. Habitat for Humanity requested the item be pulled and they will later submit a plat with three lots; however, the council needs to deny the plat to comply with platting requirements. Habitat for Humanity will present a revised plat with three lots at a later date. City Manager advised that the other item on the agenda was David Manning's property and there are not any issues concerning this item. 3. Discussion on Truck Routes, City Manager briefed council on item IF 2 (d) under the Consent Agenda. He is requesting that they remove Bolivar from 2"d to 5" Street from the truck route. The street scape project is in the planning stages and he feels that trucks should not be coming through Bolivar. He advised, if the We -Package It building does move forward with the sale of that property, the new business will have some truck traffic from that facility. This ordinance will allow that traffic to detour on 2"d Street and go North or South. Discussion followed concerning the truck routes. This will not affect local deliveries or truck traffic. City Manager indicated that if they want to discuss this and change it they need to remove it from the consent agenda to vote on it separately. 4. General Discussion. City Manager advised that the last item on the agenda concerning amending the zoning ordinance for the Historic District does not change the zoning only the verbiage. Councilman Muir expressed a concern with the construction of streets with the proposed Tomlin Development. He understands there are certain limitations on what a city can ask a developer for and concessions have to be made, but the majority of the traffic will come from their development. He understands that the right-of-way will be dedicated to build out four lanes, but he feels that the city will be stuck with the construction of the other two lanes. He advised that in Denton he has to escrow money for the construction of the street for his new building. Discussion continued concerning the need to escrow the funds for the street construction and making this part of a Developer's Agreement. 5. Meeting Adjourned. ATTEST; Rosalie Chavez, City Secretary