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 Good afternoon, ladies and gentlemen, and welcome to the planning and zoning commission

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 work session portion of our meeting for Wednesday, April 7th, 2020.

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 Seeing that we do have a quorum, I will call the meeting to order at 5.01.

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 This evening, we'll actually just hop right into the agenda.

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 We have no presentations or anything discussed prior or before the actual agenda.

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 So before we just hop into the agenda, I just wanted to ask Richard if there's anything

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 of note to change in the agenda this evening?

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 There's not.

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 I think Selena had sent some updated materials prior, but since that time, no additional

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 changes.

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 Okay.

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 Fantastic.

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 So let's just go ahead and jump right into it, starting with the minutes.

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 Is there any changes or edits to the minutes by anybody?

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 Great.

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 Seeing none, we'll go into individual considerations.

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 There's no consent this evening.

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 First item is 3A, PP21-0002.

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 This item is Carina Maldonado's.

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 And whenever you're ready, you can take the floor.

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 Sorry, I think I was muted.

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 I'm just going to pull up the presentations.

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 Sorry, it feels like it's been a while.

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 I'm trying to figure out how to do this again.

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 Okay.

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 All right, sorry about that.

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 All right.

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 The plat before you is for a preliminary plat on State School Road.

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 If you could remember, this actually came up as a rezoning case back in January to rezone

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 this property or down zone this property.

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 The plat is being recommended for denial.

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 However, the applicant has requested an extension to the May 5th planning and zoning meeting.

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 With that, I can answer any questions.

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 Any questions on this item?

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 I will reiterate in public session, we do have a citizen feedback on this who is in

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 favor of granting the extension.

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 Seeing no questions, we can move to the next item.

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 It is Mark Laird's 3B, PP21-3.

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 Good evening.

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 This is Mark Laird.

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 I work with the development service department.

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 Before you this evening, you have Giesling and 380 industrial addition.

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 This property is located on the east and west side of Giesling Road, being south of US 380,

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 also known as University Drive.

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 I stand for any questions that you may have.

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 Yes, we do have a question, Commissioner Beck.

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 Thank you, Chair.

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 My questions are, and I'm sure this is a known answer for the first one, how close can you

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 build a detention pond to an electrical substation?

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 I presume that this is allowed, but it seems like that's really close.

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 Right.

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 The substation is directly to the south of it.

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 The improvements are south of that property line, so they're within their rights to do

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 it.

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 This is acceptable.

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 Okay, I was going to say, is there a minimum setback from an electrical operation for a

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 water feature?

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 Not that I'm aware of, but DME has reviewed these plans and have made comments in regards

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 to it.

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 I don't think that was the comment that came up.

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 All right.

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 If they're happy with it, they know what they're doing.

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 I'm just surprised.

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 My other question is, I don't know, I guess it's more of a comment.

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 It seems like they're going to have a heck of a time with tree preservation on that northern

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 property.

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 Okay, if they think they can do it, I know we said in the documentations that they would

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 have to follow our guidelines, but it seems like that's going to be a challenge.

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 Yes, sir, you're absolutely correct.

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 You're absolutely correct.

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 They will be required to meet our guidelines, the standards for tree preservation.

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 All right, that's all I had.

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 Thank you.

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 Any other questions for Mark?

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 All right, seeing none, thank you, Mark, for the presentation.

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 We'll move on to item 3C, FP21-00007.

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 This is Julie Wyatt's item.

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 Julie, whenever you're ready.

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 You're muted.

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 Good evening.

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 I'm Julie Wyatt and I am presenting FP21-00007.

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 This is the final phase to a plan development that you probably remember from a few years

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 ago.

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 I did want to make one note.

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 There is a hot off the presses approval of the HOA documents, so staff is now...

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 They were requesting an extension, but now they have complied with all of the criteria

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 for approval, and so staff recommends approval of this plan.

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 Great.

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 Thanks, Julie.

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 Any questions?

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 Chris, you're back.

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 Thank you, Chair.

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 I just have one procedural question and then one general question.

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 Procedurally, if they ask for an extension, they can just retract that request.

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 Is that correct?

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 If they ask for an extension, we don't have to review that request.

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 They can just retract that and proceed on with the approval that you would be willing

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 to give them?

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 That is my understanding of how we've approached it.

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 I don't know if Richard wanted to weigh in here, but that extension gives them that flexibility

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 to try to get all of these corrections made, so you wouldn't have to necessarily grant

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 that extension at this meeting.

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 They certainly could...

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 Just as they can ask, they're certainly allowed to retract.

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 Okay.

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 I assume that was the case, but I don't always know how...

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 Sometimes these dominoes have to fall.

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 My other question is more just general.

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 I see two entrances for this at a property adjacent to future Bronco Way.

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 Is that correct?

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 This phase does connect to Bronco Way.

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 They're on the west side of the subject property.

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 It also connects to phase one, which has connection to Bronco Way as well.

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 I guess at some point, traffic will or has reviewed some of these materials, but it seems

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 like on football games, those poor residents, when they move in, are never getting in and

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 they're never getting out because there's only two entrances and they're both Bronco

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 Way.

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 When that high school gets built, it's going to be ugly for those residents.

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 They also will have connection to Bonnie Bray to the...

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 Phase one also has an additional connection to Bonnie Bray, so that will help and provide

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 an additional way in and out for them as well.

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 I'm not going to dig in my heels.

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 I just want to put a pin in the future for when residents come back to council or planning

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 and zoning and said, "Why did you approve this?

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 We can't get in.

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 We can't get out."

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 Anyway, thanks.

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 Any other questions for Julie?

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 All right, Julie, thank you very much.

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 You have the next one too, so we'll keep you here and go to item 3D, PP21-4.

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 This property is located within the city's ETJ.

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 They still have some comments left to address, so they are recommending or requesting an

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 extension to that May 5th meeting in order to address those staff comments.

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 Great.

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 Commissioner Beck.

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 Thank you, Chair.

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 I think I was reading this on the map, but a dry well is the same as a capped well in

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 that upper Northwest part of the development.

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 Is that correct?

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 Yes.

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 It is correct.

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 Yes, sir.

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 Okay.

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 That's my question.

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 Thank you.

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 Great.

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 Any other questions for Julie on this item?

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 Okay.

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 Seeing none, we'll move to item 3E, FP21-0009.

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 I will ask Karina to come back and present.

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 All right.

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 This is a request for a final plat for Phase 6 of the North Point Addition.

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 It's located south of 288.

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 Staff is recommending denials that they have not yet met all the requirements for this

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 plat.

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 However, they have requested an extension to the May 5th planning and zoning meeting.

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 With that, I can take any questions.

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 Any questions for Karina on this?

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 Great.

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 I don't see any.

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 Karina, thank you for the presentation.

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 That moves us into our public hearing portion of the evening, starting with Hailey Zygursky's

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 item of 4AMP21-0007.

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 Good evening.

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 This is a residential replant for a single lot within the Lakeview Ranch Phase 1 subdivision.

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 The property is located on Stallion Street.

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 The sole purpose of the replant is to relocate the platted building line from 40 feet to

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 20 feet.

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 When the property was originally platted, a 40-foot front setback was required for the

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 agricultural zoning that was in place.

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 However, since 2002 when the property's had a residential zoning, a 20-foot setback has

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 been all that's required, so they are seeking a replant to make that adjustment to be consistent

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 with the zoning.

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 I did want to note that this is a little different procedurally than what we would normally see.

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 State law does have two options, essentially, for residential replants.

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 You can either have the plat approved and then notify afterwards.

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 It can either be approved by the P&Z or administratively, depending on the qualifications of the plat.

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 And then there is a second option to hold a public hearing and notify in advance.

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 In this instance, since the need for this replant was brought to staff's attention due

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 to complaints from some neighbors within Lakeview Ranch, we did opt for the more transparent

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 of those options, which was to notify in advance and hold a public hearing.

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 So we did send 10 notifications to the properties that are within the 200-foot radius of this

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 lot.

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 We've received no written responses to date, but I did have several calls and questions

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 regarding what the purpose of the plat was prior to the meeting, but no formal written

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 responses.

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 And with that, I will pull down the screen, and happy to stand for any questions.

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 Thanks, Haley.

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 Christopher Beck.

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 Yeah, so this is not directly to Haley, although she may be responsible, and that is the email

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 that we got just like an hour ago.

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 Can I get some clarification on the impacts?

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 And I'm being a little cagey, because I'm not sure how we talk about that or the rules

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 on that.

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 Right.

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 I'm assuming you're referring to a letter from our office, which if we want to go into

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 executive session to discuss or have questions on it, we can certainly go into executive

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 session at some point during this work session if you would like to.

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 I have just some questions that I think you could clarify, and I saw some other head nods,

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 so with that, I'll just sort of back off.

201
00:13:38,920 --> 00:13:40,480
 So do we have any other questions for Haley?

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 Marcia, I know you had some questions.

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 Is yours down the same avenue of asking Max some questions?

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 No, not at all.

205
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 Okay.

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 I'll just have, so yeah, can I ask a quick question?

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 Yeah, why don't you go ahead and then we can consider a closed session.

208
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 Okay.

209
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 Appreciate it.

210
00:13:55,480 --> 00:13:56,480
 Thank you, Chair.

211
00:13:56,480 --> 00:13:58,640
 Haley, I'm just curious if you talk to the HOA at all.

212
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 I just was wondering their opinion, if we know it.

213
00:14:03,640 --> 00:14:08,280
 So we did send a notification to all the contact methods that we had for the HOA, so a mailed

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 letter as well as some emails.

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 I received no formal response or contact from the HOA itself, just from a few residents

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 who said they had attended an HOA meeting where this was discussed, but no member of

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 the HOA has actually contacted me.

218
00:14:21,360 --> 00:14:22,360
 Okay.

219
00:14:22,360 --> 00:14:23,360
 Appreciate it.

220
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 I was just curious.

221
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 Thank you.

222
00:14:25,360 --> 00:14:28,740
 And without any opposition from the commissioners, what I'd like to do is we can go ahead and

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 take this to closed session so that the commissioner back and our own notification can understand.

224
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 Just for context, our commission received a letter from the city attorney this afternoon

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 regarding this property and some commissioners or at least one commissioner would like some

226
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 clarification on that.

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 So what I'd like to do is pause for just 30 seconds to a minute to shut off the public

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 recording of this and we'll take this into closed session.

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 And then as soon as that's done, we will be back here for public viewing.

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 Chairman, on the record, we have to state the reason we're going into closed session.

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 So you'd have to say pursuant to 551-071 of the government code for attorney-client communication,

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 we're going to discuss this item.

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 That just needs to be on the record and then we can recess in the closed session.

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 Absolutely.

235
00:15:12,240 --> 00:15:14,240
 And you said that was 551-071?

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 Correct.

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 Okay.

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 For that reason and for client privileges, we're going to go into a closed session to

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 discuss further.

240
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 Thank you for providing us that intermission to go into closed session to speak about this

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 item.

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 We are now back in public session at 527, continuing the discussion on item 4AMP21-0007.

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 This is Haley Zegerski's item.

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 Is there any other questions for Haley on this item?

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 Seeing none, I will proceed to the next item of business.

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 Item 4B, AESA21-0001A, and this is Christy Upton's presentation.

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 Good evening.

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 Good evening, Christy Upton, and I will be presenting alternative AESA plan for an Exeter

249
00:16:29,400 --> 00:16:39,000
 Martino property, and diving right into it, this site is located at the intersection of

250
00:16:39,000 --> 00:16:41,560
 Western Boulevard and Jim Crystal Road.

251
00:16:41,560 --> 00:16:47,880
 It's about 104 acres, and there was a preliminary plat that was approved on January 6th, and

252
00:16:47,880 --> 00:16:52,400
 there are two projects under review at the moment.

253
00:16:52,400 --> 00:16:59,560
 The request is to temporarily disturb 0.4 acres of riparian buffer ESA.

254
00:16:59,560 --> 00:17:05,720
 The riparian buffer is part of a tributary of Dry Fork Hickory Creek, and there was an

255
00:17:05,720 --> 00:17:14,640
 ephemeral stream that was found to be fair, and then a remnant stream that is alongside

256
00:17:14,640 --> 00:17:20,080
 of the ephemeral stream that is feeding that tributary.

257
00:17:20,080 --> 00:17:28,880
 They call this a remnant stream because it receives stormwater flows at times and continues

258
00:17:28,880 --> 00:17:31,960
 to support riparian vegetation.

259
00:17:31,960 --> 00:17:42,600
 There was two other tributaries to this corner of the property, but at the time that Western

260
00:17:42,600 --> 00:17:52,400
 Boulevard was constructed, these areas were channelized and are no longer riparian areas.

261
00:17:52,400 --> 00:17:58,480
 The floodplain was also found to be undeveloped within this area.

262
00:17:58,480 --> 00:18:05,240
 The disturbance and the overall project is to construct two stormwater outfall structures

263
00:18:05,240 --> 00:18:15,080
 that will serve the warehouse that is proposed to be constructed on the property.

264
00:18:15,080 --> 00:18:23,480
 This will cause for the applicant to have to remove the riparian vegetation within this

265
00:18:23,480 --> 00:18:30,400
 corner, and I just want to bring to your attention that the placement of utilities and undeveloped

266
00:18:30,400 --> 00:18:38,680
 floodplain is a permitted activity, and there is going to be 0.53 acres of undeveloped floodplain

267
00:18:38,680 --> 00:18:40,200
 that would be disturbed.

268
00:18:40,200 --> 00:18:47,400
 The entire area, the undeveloped floodplain and the riparian buffers would be revegetated

269
00:18:47,400 --> 00:19:01,080
 with a mix of drain field and riparian vegetation to help recover the vegetation that supports

270
00:19:01,080 --> 00:19:04,080
 this stream.

271
00:19:04,080 --> 00:19:16,480
 Notifications were sent, and there was one response in favor of the project, and there

272
00:19:16,480 --> 00:19:24,520
 was a neighborhood meeting on March 4th, and one attendee at the neighborhood meeting who

273
00:19:24,520 --> 00:19:29,200
 also spoke in favor of the project.

274
00:19:29,200 --> 00:19:35,640
 The staff is recommending approval of this project with the following conditions, that

275
00:19:35,640 --> 00:19:42,800
 the land disturbance within the riparian buffer is limited to the area as defined in the plan.

276
00:19:42,800 --> 00:19:49,000
 Time 14 days of following the construction of the stormwater infrastructure that the

277
00:19:49,000 --> 00:19:58,240
 applicant revegetates with the vegetation as described in the plan, and number three

278
00:19:58,240 --> 00:20:06,120
 and number four, the typical request that staff places to ensure that the restoration

279
00:20:06,120 --> 00:20:19,280
 occurs in a manner that would, final acceptance, sorry, I'm really stumbling over that one

280
00:20:19,280 --> 00:20:20,280
 today.

281
00:20:20,280 --> 00:20:24,200
 Okay, and with that, I will take any questions.

282
00:20:24,200 --> 00:20:25,200
 Great.

283
00:20:25,200 --> 00:20:26,460
 Thanks, Kristy.

284
00:20:26,460 --> 00:20:27,460
 Any questions?

285
00:20:27,460 --> 00:20:30,460
 Commissioner Beck.

286
00:20:30,460 --> 00:20:33,880
 You knew there would be a question from Commissioner Beck for Kristy.

287
00:20:33,880 --> 00:20:36,520
 Kristy knows it at this point.

288
00:20:36,520 --> 00:20:40,920
 I actually want to first lead off and say that you can tell that Kristy and the engineers

289
00:20:40,920 --> 00:20:51,120
 have done a lot of work for a property that seems like it's on the edge of development.

290
00:20:51,120 --> 00:20:52,880
 You can see that a lot of work went into that.

291
00:20:52,880 --> 00:20:57,840
 So I want to applaud both the staff and the engineers just by lead in.

292
00:20:57,840 --> 00:21:04,200
 I had sort of more of an education question for Kristy, and that is for these drainages,

293
00:21:04,200 --> 00:21:08,760
 the western boundary drainage that's no longer riparian, the two channelized things.

294
00:21:08,760 --> 00:21:12,440
 I mean, it's not like the elevations have gone away.

295
00:21:12,440 --> 00:21:20,000
 They're just not classified as ESAs and riparian and upland drainages anymore.

296
00:21:20,000 --> 00:21:26,800
 But stormwater is still going to run into that.

297
00:21:26,800 --> 00:21:33,560
 Because it's such that we're fairly confident that you won't be asking too much of this

298
00:21:33,560 --> 00:21:41,880
 little ESA to absorb all that runoff and that we're not really going to flood the warehouse

299
00:21:41,880 --> 00:21:47,280
 or we're not going to flood the gas well across the street when it backs up.

300
00:21:47,280 --> 00:21:49,640
 I guess I see a lot of work going in.

301
00:21:49,640 --> 00:21:55,320
 I'm just kind of asking for clarification that we don't expect stormwater issues on

302
00:21:55,320 --> 00:21:57,960
 this.

303
00:21:57,960 --> 00:22:00,680
 So I think I understand your question.

304
00:22:00,680 --> 00:22:09,560
 You're asking once they complete the construction of the storm drainage outfalls, that the channel

305
00:22:09,560 --> 00:22:15,800
 that is receiving the stormwater wouldn't become scoured out and eroded?

306
00:22:15,800 --> 00:22:16,800
 Is that what you're asking?

307
00:22:16,800 --> 00:22:17,800
 Exactly.

308
00:22:17,800 --> 00:22:18,800
 Yes, perfect.

309
00:22:18,800 --> 00:22:28,120
 So in addition to this project, and I didn't highlight it in this plan, there is a zoning

310
00:22:28,120 --> 00:22:33,560
 compliance plan currently under review and a civil plan under review.

311
00:22:33,560 --> 00:22:41,440
 And in that project, those are exhibits that they are showing that they're going to add

312
00:22:41,440 --> 00:22:46,600
 detention adjacent to the floodplain.

313
00:22:46,600 --> 00:22:52,600
 So that detention will be receiving the stormwater actually from the warehouse.

314
00:22:52,600 --> 00:22:59,480
 And then these outfalls are the outfall of the detention.

315
00:22:59,480 --> 00:23:07,680
 And that will, the detention design will meet the criteria outlined in ISWM.

316
00:23:07,680 --> 00:23:08,680
 Great.

317
00:23:08,680 --> 00:23:09,680
 Thank you.

318
00:23:09,680 --> 00:23:10,680
 I appreciate that.

319
00:23:10,680 --> 00:23:14,720
 Any other questions for Kristi?

320
00:23:14,720 --> 00:23:26,000
 All right, seeing none, we'll move to the next item is item 4C, Z20-0006A.

321
00:23:26,000 --> 00:23:30,600
 This is Julie Wyatt's item.

322
00:23:30,600 --> 00:23:56,800
 Julie, whenever you're ready.

323
00:23:56,800 --> 00:24:01,240
 She's pulling it up.

324
00:24:01,240 --> 00:24:15,780
 All right, I am pulling up my presentation.

325
00:24:15,780 --> 00:24:17,480
 Here we go.

326
00:24:17,480 --> 00:24:26,560
 Okay, so I, Julie Wyatt, senior planner with the City of Denton, and I am presenting Z20-0006A.

327
00:24:26,560 --> 00:24:32,520
 Z20-0006A, BCCC to you this evening.

328
00:24:32,520 --> 00:24:37,920
 So the request is for a rezoning for the subject property from Light Industrial District to

329
00:24:37,920 --> 00:24:39,320
 Heavy Industrial District.

330
00:24:39,320 --> 00:24:41,960
 The subject property kind of has an irregular boundary.

331
00:24:41,960 --> 00:24:44,440
 It is outlined here in yellow.

332
00:24:44,440 --> 00:24:50,960
 It is adjacent to I-35W, just west of that, and south of Airport Road.

333
00:24:50,960 --> 00:24:55,080
 A portion of the property is used for parking for tractor trailers.

334
00:24:55,080 --> 00:24:57,960
 The remainder is undeveloped.

335
00:24:57,960 --> 00:25:05,480
 The surrounding land uses include warehouses, some distribution, commercial uses, some freight

336
00:25:05,480 --> 00:25:13,200
 uses, Light Industrial, as well as some athletic facilities to the east of the subject property.

337
00:25:13,200 --> 00:25:18,520
 And the purpose is to facilitate the development of a high-impact manufacturing use that they

338
00:25:18,520 --> 00:25:24,440
 would like to locate a concrete crushing facility on the site that does require approval of

339
00:25:24,440 --> 00:25:28,160
 a specific use permit if the zoning change is approved.

340
00:25:28,160 --> 00:25:32,800
 So that specific use permit would be coming back to you.

341
00:25:32,800 --> 00:25:39,080
 All right, so first I want to look at the current zoning map versus the proposed zoning

342
00:25:39,080 --> 00:25:40,080
 map.

343
00:25:40,080 --> 00:25:45,000
 So as you can see, this is the existing zoning right here.

344
00:25:45,000 --> 00:25:50,400
 We've got the LI in the light blue and the HI in the purple.

345
00:25:50,400 --> 00:25:54,160
 You can see by that red line there, there really is a kind of a boundary from where

346
00:25:54,160 --> 00:26:02,040
 you see HI to the west of the subject property, and then LI as you get closer to the I-35

347
00:26:02,040 --> 00:26:03,320
 corridor.

348
00:26:03,320 --> 00:26:06,360
 So there's kind of that demarcation there.

349
00:26:06,360 --> 00:26:07,960
 There is one exception to that.

350
00:26:07,960 --> 00:26:11,340
 There's some HI zoning to the south of the subject property.

351
00:26:11,340 --> 00:26:17,200
 That was actually a zoning case that was approved in 2005 for a light manufacturing distribution

352
00:26:17,200 --> 00:26:18,360
 and office use.

353
00:26:18,360 --> 00:26:25,440
 At that time, distribution was not permitted in that, in the lower zoning designation.

354
00:26:25,440 --> 00:26:30,040
 All of those uses now are permitted in the LI district, however.

355
00:26:30,040 --> 00:26:37,400
 If the zoning is approved, it would extend the HI district into that LI area and connect

356
00:26:37,400 --> 00:26:41,640
 it to that I-35 corridor.

357
00:26:41,640 --> 00:26:45,040
 The criteria for approval for zoning cases, there's general and specific.

358
00:26:45,040 --> 00:26:49,360
 I won't read these to you, but we'll touch on them as we talk through the project.

359
00:26:49,360 --> 00:26:53,600
 First thing we always look at is the Denton Plan 2030, and I want to take a moment to

360
00:26:53,600 --> 00:26:57,560
 talk about the future land use map and the future land use designation here.

361
00:26:57,560 --> 00:27:02,320
 So the subject property has an industrial commerce, future land use designation.

362
00:27:02,320 --> 00:27:06,720
 Those predominant uses include both light and heavy industrial activities.

363
00:27:06,720 --> 00:27:13,200
 And as part of that development criteria, the Denton Plan 2030 discusses that future

364
00:27:13,200 --> 00:27:18,760
 development should avoid sensitive land uses and ensure appropriate transitions.

365
00:27:18,760 --> 00:27:24,280
 And when we look at future land use designations from just a broad standpoint, I tend to think

366
00:27:24,280 --> 00:27:26,320
 of them as an umbrella.

367
00:27:26,320 --> 00:27:32,360
 That they are kind of an overarching policy, but that several zoning districts could fit

368
00:27:32,360 --> 00:27:34,080
 underneath that umbrella.

369
00:27:34,080 --> 00:27:39,020
 And that's where you look at things like the context of a specific site, including things

370
00:27:39,020 --> 00:27:45,360
 like access, adjacent uses, physical characteristics, and other factors.

371
00:27:45,360 --> 00:27:52,080
 And there you can get that more fine-grain analysis of the land use.

372
00:27:52,080 --> 00:27:58,400
 And so when we take a little bit closer look at the subject property, I've brought in the

373
00:27:58,400 --> 00:28:02,240
 zoning that's kind of underneath that future land use umbrella.

374
00:28:02,240 --> 00:28:06,660
 So kind of got the same area, that industrial commerce area, and you can see the variety

375
00:28:06,660 --> 00:28:09,320
 of zoning districts within that.

376
00:28:09,320 --> 00:28:13,640
 Typically, in this future land use designation, we see HI and LI.

377
00:28:13,640 --> 00:28:16,840
 Those are most closely associated with it.

378
00:28:16,840 --> 00:28:20,960
 For those LI district, that's where those sites that are highly visible and that are

379
00:28:20,960 --> 00:28:26,640
 surrounded by lower impact development, things that are encouraged, warehousing distribution

380
00:28:26,640 --> 00:28:28,000
 and light manufacturing.

381
00:28:28,000 --> 00:28:34,680
 So you can see along that 35 corridor, that's where you get your LI zoning, as well as along

382
00:28:34,680 --> 00:28:35,920
 university.

383
00:28:35,920 --> 00:28:41,520
 You've got some sensitive land uses along university, Highway 380.

384
00:28:41,520 --> 00:28:44,760
 There's residential just to the north of there.

385
00:28:44,760 --> 00:28:48,400
 So that's where that LI and even you have GO in some areas.

386
00:28:48,400 --> 00:28:55,400
 So that's where you get that fine-grain analysis and land use.

387
00:28:55,400 --> 00:28:59,280
 And then areas that are buffered from the less intense uses and then are set back from

388
00:28:59,280 --> 00:29:04,500
 those primary roadways, that's where the HI district comes in.

389
00:29:04,500 --> 00:29:07,880
 And that does include that higher impact manufacturing use.

390
00:29:07,880 --> 00:29:11,120
 So that's where you see that purple come in.

391
00:29:11,120 --> 00:29:18,780
 It's set off of that highway corridor, but it still has that access along our arterials

392
00:29:18,780 --> 00:29:22,400
 within that industrial sector.

393
00:29:22,400 --> 00:29:27,440
 It is staff's analysis that HI district does not meet the intent of the future land use

394
00:29:27,440 --> 00:29:35,080
 designation in this situation, as it doesn't avoid those sensitive land uses and ensure

395
00:29:35,080 --> 00:29:38,680
 those appropriate transitions.

396
00:29:38,680 --> 00:29:44,760
 That visibility from the I-35 corridor, that primary corridor and that proximity to other

397
00:29:44,760 --> 00:29:50,680
 uses that the athletic facilities and those commercial uses along the 35 corridor indicate

398
00:29:50,680 --> 00:29:53,800
 that HI just really isn't appropriate in this area.

399
00:29:53,800 --> 00:30:00,120
 And that the existing zoning of LI would still allow for that variety of lower intensity

400
00:30:00,120 --> 00:30:01,280
 industrial uses.

401
00:30:01,280 --> 00:30:05,800
 It would meet the intent of the future land use designation, but it would take that context

402
00:30:05,800 --> 00:30:08,360
 into consideration.

403
00:30:08,360 --> 00:30:13,320
 Next, minimizes adverse impacts on surrounding property.

404
00:30:13,320 --> 00:30:16,840
 There's a lot of words on this, so I'm going to try to break this out.

405
00:30:16,840 --> 00:30:20,960
 So first I want to talk about just the history of this area.

406
00:30:20,960 --> 00:30:25,080
 Then we'll talk about what's current.

407
00:30:25,080 --> 00:30:31,320
 So I don't know exactly the date when the I-35W corridor was constructed, but it was

408
00:30:31,320 --> 00:30:34,160
 sometime after 1972.

409
00:30:34,160 --> 00:30:39,240
 And after that, those warehouse and light industrial facilities began to develop incrementally

410
00:30:39,240 --> 00:30:42,040
 along that highway corridor.

411
00:30:42,040 --> 00:30:48,320
 In the last 10 years, the UNT has relocated those athletic facilities near the subject

412
00:30:48,320 --> 00:30:53,880
 property just south of where they used to be.

413
00:30:53,880 --> 00:30:58,760
 And then there are also large distribution centers that have developed along Airport

414
00:30:58,760 --> 00:30:59,760
 Road.

415
00:30:59,760 --> 00:31:05,600
 And so the character has shifted from industrial periphery on the edge of town to a mixed use

416
00:31:05,600 --> 00:31:11,280
 distribution hub along this primary corridor within the city.

417
00:31:11,280 --> 00:31:18,000
 As the area continues to develop, we anticipate that the zoning and uses will correspond to

418
00:31:18,000 --> 00:31:23,580
 the existing LI zoning and that generally light industrial and distribution uses would

419
00:31:23,580 --> 00:31:28,520
 develop along the I-35 corridor with those heavier industrial uses toward the west, kind

420
00:31:28,520 --> 00:31:33,480
 of really consistent with that current zoning pattern.

421
00:31:33,480 --> 00:31:41,640
 HI district permits a lot of uses that are more intense than the current zoning, and

422
00:31:41,640 --> 00:31:45,800
 those could create impacts for those adjacent properties.

423
00:31:45,800 --> 00:31:53,400
 And so we need to think about the sensitivity to those adjacent properties as we're expanding

424
00:31:53,400 --> 00:31:55,660
 the permitted uses.

425
00:31:55,660 --> 00:32:01,200
 And so that surrounding development as it's evolving on that existing zoning pattern,

426
00:32:01,200 --> 00:32:06,320
 that adjacency to I-35 once again indicate that HI just really isn't appropriate in this

427
00:32:06,320 --> 00:32:13,680
 area and that LI district should remain in place.

428
00:32:13,680 --> 00:32:19,320
 Significant changes to warrant a zoning change, we really aren't seeing any significant changes

429
00:32:19,320 --> 00:32:22,960
 that would warrant the zoning change to HI.

430
00:32:22,960 --> 00:32:26,840
 Just to kind of let you see how the area has evolved, I always like to look at the historical

431
00:32:26,840 --> 00:32:27,920
 maps.

432
00:32:27,920 --> 00:32:34,920
 You can see 1972, that corridor was recently there.

433
00:32:34,920 --> 00:32:42,400
 It started then developing in '84 and then continued to develop and then you see how

434
00:32:42,400 --> 00:32:46,040
 it is today.

435
00:32:46,040 --> 00:32:50,960
 There is adequate access to this property from the I-35 corridor, and the applicant

436
00:32:50,960 --> 00:32:53,600
 did provide a trip generation analysis.

437
00:32:53,600 --> 00:33:00,640
 They anticipate that based upon their other locations, that the use would generate about

438
00:33:00,640 --> 00:33:07,720
 1700 loads of material per week, and the site can connect to existing water and sewer lines.

439
00:33:07,720 --> 00:33:13,440
 Just to provide you some site photos, here is looking kind of at the subject property

440
00:33:13,440 --> 00:33:20,280
 from I-35, from those travel lanes, looking west toward the subject property.

441
00:33:20,280 --> 00:33:25,000
 Here's looking southwest toward the subject property and some of that existing development

442
00:33:25,000 --> 00:33:28,000
 along I-35W.

443
00:33:28,000 --> 00:33:33,160
 This is looking kind of from the travel lanes toward the east of the subject site.

444
00:33:33,160 --> 00:33:36,720
 And then this is looking toward the northwest of the subject property.

445
00:33:36,720 --> 00:33:42,120
 So that development that's along the southern end of the subject site.

446
00:33:42,120 --> 00:33:46,200
 We did send out a notification for the request.

447
00:33:46,200 --> 00:33:49,360
 We have received four letters in opposition.

448
00:33:49,360 --> 00:33:54,920
 Three of those are within the 200 foot boundary of the request and then three in favor of

449
00:33:54,920 --> 00:33:56,820
 the request.

450
00:33:56,820 --> 00:34:01,920
 So based upon the criteria for approval, staff recommends a denial of the request.

451
00:34:01,920 --> 00:34:07,640
 I'll be happy to answer any questions and the applicant will be available, has a presentation

452
00:34:07,640 --> 00:34:11,040
 to speak this evening and will also be available for questions.

453
00:34:11,040 --> 00:34:12,040
 Great.

454
00:34:12,040 --> 00:34:13,040
 Thank you, Julie.

455
00:34:13,040 --> 00:34:14,040
 Commissioner Smith.

456
00:34:14,040 --> 00:34:15,040
 Thank you, Chair.

457
00:34:15,040 --> 00:34:18,480
 Julie, will you go back to the response map?

458
00:34:18,480 --> 00:34:19,480
 You bet.

459
00:34:19,480 --> 00:34:24,880
 Do you have a good day, Julie?

460
00:34:24,880 --> 00:34:25,880
 I am.

461
00:34:25,880 --> 00:34:29,560
 No, no one ever asks you staff whenever we're going to ask you if you're having a good day

462
00:34:29,560 --> 00:34:30,560
 or not.

463
00:34:30,560 --> 00:34:32,200
 It is a lovely day.

464
00:34:32,200 --> 00:34:33,200
 Good.

465
00:34:33,200 --> 00:34:34,200
 Glad to hear.

466
00:34:34,200 --> 00:34:39,360
 Who were the positive responses on the northwest side there?

467
00:34:39,360 --> 00:34:45,840
 This is from Philip Baker, who represents this property and this location as well as

468
00:34:45,840 --> 00:34:47,760
 this property.

469
00:34:47,760 --> 00:34:55,840
 And then we did receive a letter in favor from one of the current property owners and

470
00:34:55,840 --> 00:35:02,000
 in the applicant, the concrete crushing is kind of the way I see it.

471
00:35:02,000 --> 00:35:04,280
 And the opposition responses?

472
00:35:04,280 --> 00:35:09,440
 The opposition, they are from adjacent property owners.

473
00:35:09,440 --> 00:35:12,760
 Let me pull that up, sorry.

474
00:35:12,760 --> 00:35:18,800
 From their adjacent property owner in this location, they work with Peterbilt and Peterbilt

475
00:35:18,800 --> 00:35:23,680
 trucks are parked on their property in this location.

476
00:35:23,680 --> 00:35:30,920
 Also have heard from property owners adjacent to the subject site in these locations and

477
00:35:30,920 --> 00:35:33,000
 I can pull up their names if you'd like.

478
00:35:33,000 --> 00:35:34,480
 All right, you're fine.

479
00:35:34,480 --> 00:35:39,920
 The nothing from, I know it's on the other side of the university from UNT, but nothing,

480
00:35:39,920 --> 00:35:44,160
 I'm guessing UNT probably wasn't even notified, but you probably didn't even get anything

481
00:35:44,160 --> 00:35:45,160
 back.

482
00:35:45,160 --> 00:35:47,040
 You hear anything from UNT at all about this?

483
00:35:47,040 --> 00:35:48,040
 No, sir.

484
00:35:48,040 --> 00:35:49,040
 Understood.

485
00:35:49,040 --> 00:35:50,040
 Okay.

486
00:35:50,040 --> 00:35:52,160
 I think that's all the questions I've got.

487
00:35:52,160 --> 00:35:53,160
 Thank you.

488
00:35:53,160 --> 00:36:00,400
 Any other questions for Julie?

489
00:36:00,400 --> 00:36:02,440
 Great.

490
00:36:02,440 --> 00:36:03,440
 Thank you very much, Julie.

491
00:36:03,440 --> 00:36:13,560
 That moves us to our last item for the public hearing section, which is 4DS20-0008.

492
00:36:13,560 --> 00:36:27,360
 And this is Karina Maldonado's item.

493
00:36:27,360 --> 00:36:34,120
 All right.

494
00:36:34,120 --> 00:36:36,120
 Let me pull this up.

495
00:36:36,120 --> 00:36:38,480
 All right.

496
00:36:38,480 --> 00:36:45,060
 Are we still afternoon or evening now?

497
00:36:45,060 --> 00:36:48,920
 Good evening, Karina Maldonado, assistant planner.

498
00:36:48,920 --> 00:36:53,900
 The presentation today is for a specific use permit for S20-0008.

499
00:36:53,900 --> 00:36:57,680
 That is for legacy multifamily.

500
00:36:57,680 --> 00:37:04,560
 The request today is to permit multifamily dwellings on approximately 16.106 acres.

501
00:37:04,560 --> 00:37:08,720
 This is located in the R7 zoning district.

502
00:37:08,720 --> 00:37:13,040
 Previous zoning action was last taken in 2012.

503
00:37:13,040 --> 00:37:17,440
 This was part of an initial zoning request after annexation.

504
00:37:17,440 --> 00:37:24,120
 The initial request was originally tied to a community mixed use general, which is still

505
00:37:24,120 --> 00:37:31,560
 shown on the west side, as well as neighborhood residential mixed use 12 NRMU.

506
00:37:31,560 --> 00:37:37,660
 It then transitioned in 2019 to R7.

507
00:37:37,660 --> 00:37:43,800
 The request is for six three-story buildings, approximately 264 units.

508
00:37:43,800 --> 00:37:46,840
 These would be one, two, and three-bedroom units.

509
00:37:46,840 --> 00:37:52,140
 I did want to point out one error from the staff analysis, which is regarding parking

510
00:37:52,140 --> 00:37:53,680
 spaces.

511
00:37:53,680 --> 00:37:57,100
 They're actually proposing 519 parking spaces.

512
00:37:57,100 --> 00:37:59,120
 That does include covered and uncovered.

513
00:37:59,120 --> 00:38:03,760
 It's hard to point out, these are the buildings right here.

514
00:38:03,760 --> 00:38:07,160
 And then parking, you can see in the shaded gray area.

515
00:38:07,160 --> 00:38:11,040
 With that, include 28 bicycle spaces.

516
00:38:11,040 --> 00:38:17,880
 Along with this proposal is the inclusion of some internal bicycle and pedestrian circulation.

517
00:38:17,880 --> 00:38:20,480
 You can see that shown in green here.

518
00:38:20,480 --> 00:38:28,080
 That is the internal bicycle circulation, which then connects down to the sidewalks

519
00:38:28,080 --> 00:38:31,000
 that are along East McKinney Street.

520
00:38:31,000 --> 00:38:34,640
 Along with this, I can't see it on my screen, but I believe you could see it.

521
00:38:34,640 --> 00:38:38,360
 There's two entrances for this development.

522
00:38:38,360 --> 00:38:46,000
 The one on the western end is a full access, in and out, both directions, a driveway.

523
00:38:46,000 --> 00:38:49,240
 And then the driveway to the south is exit only.

524
00:38:49,240 --> 00:38:56,640
 That's to help redistribute the traffic so that we can kind of ensure that there's no

525
00:38:56,640 --> 00:39:02,000
 pile up during those traffic hours.

526
00:39:02,000 --> 00:39:08,720
 And I did want to point out, there are sidewalks proposed that are, I'm sorry, currently under

527
00:39:08,720 --> 00:39:12,320
 construction for the East McKinney Street widening project.

528
00:39:12,320 --> 00:39:17,160
 That includes expansion of the roadway from a two lane to a four lane with a continuous

529
00:39:17,160 --> 00:39:21,600
 turn lane, as well as improvements to water, sewer, storm water.

530
00:39:21,600 --> 00:39:26,640
 And then most importantly, on the northern side of East McKinney Street will be a 12

531
00:39:26,640 --> 00:39:31,440
 foot mixed use path that would allow for both bike ped traffic.

532
00:39:31,440 --> 00:39:38,760
 And then on the south side, adjacent to the property, would be just a six foot sidewalk.

533
00:39:38,760 --> 00:39:44,640
 The proposed landscaping does exceed our minimum requirements for this zoning district.

534
00:39:44,640 --> 00:39:49,960
 They are proposing 41% landscaped area and 47% tree canopy.

535
00:39:49,960 --> 00:39:57,320
 This is actually based on the development impact area, which stays out of the flood

536
00:39:57,320 --> 00:40:00,680
 plain and ESA that's located to the south of the site.

537
00:40:00,680 --> 00:40:02,640
 I'll go back one slide really quickly.

538
00:40:02,640 --> 00:40:06,160
 This is the flood plain that I forgot to mention.

539
00:40:06,160 --> 00:40:10,440
 There is some riparian buffer, but again, they do intend to stay completely out of that

540
00:40:10,440 --> 00:40:13,000
 area.

541
00:40:13,000 --> 00:40:17,200
 They are proposing street trees along East McKinney, as well as some additional right

542
00:40:17,200 --> 00:40:23,600
 of way screening along the driveway exits to just make sure that they're properly screening

543
00:40:23,600 --> 00:40:29,920
 any visible parking, even though it is set back behind the building line.

544
00:40:29,920 --> 00:40:37,440
 As well as a landscape median within their parking plan, as well as islands and end caps.

545
00:40:37,440 --> 00:40:45,400
 So they did end up choosing multiple of our elements beyond what is required.

546
00:40:45,400 --> 00:40:50,600
 They did also show, if you can see in red on here, this is a six foot masonry wall to

547
00:40:50,600 --> 00:40:57,000
 buffer the proposed multifamily from what is currently under construction, the Texas

548
00:40:57,000 --> 00:41:00,400
 Department of Safety new facility.

549
00:41:00,400 --> 00:41:09,200
 They are also proposing perimeter fence for the development that will also serve to ensure

550
00:41:09,200 --> 00:41:15,200
 that residents don't encroach into that sensitive area.

551
00:41:15,200 --> 00:41:20,320
 In addition, they are exceeding the minimum for tree preservation, as well as providing

552
00:41:20,320 --> 00:41:24,340
 significant amount of open space beyond the required 8%.

553
00:41:24,340 --> 00:41:28,960
 That also includes passive and active recreation space.

554
00:41:28,960 --> 00:41:36,640
 There is a large courtyard area between the buildings to the rear, resort style pools,

555
00:41:36,640 --> 00:41:44,520
 picnic areas, as well as an outdoor grilling area and dog park for residents.

556
00:41:44,520 --> 00:41:48,240
 Here's just briefly some concept elevations for this site.

557
00:41:48,240 --> 00:41:53,960
 You can see that they're maintaining some earth tones for the proposed buildings.

558
00:41:53,960 --> 00:41:59,440
 It's not quite shown on this slide, but they are maintaining the residential maximum height

559
00:41:59,440 --> 00:42:04,800
 of 40 feet.

560
00:42:04,800 --> 00:42:08,760
 So this is a property right here on the south side of McKinney.

561
00:42:08,760 --> 00:42:14,600
 So the existing development surrounding this, as I mentioned, is the tex.dps facility, which

562
00:42:14,600 --> 00:42:16,680
 is currently under construction.

563
00:42:16,680 --> 00:42:23,800
 To the south we have, which is generally just flood plain, however, it is owned by the city.

564
00:42:23,800 --> 00:42:28,640
 Residential does surround to the north, however, this is large lot residential.

565
00:42:28,640 --> 00:42:35,480
 Most of the dwellings are set back significantly out of view and I believe beyond 500 feet

566
00:42:35,480 --> 00:42:37,880
 from the right of way.

567
00:42:37,880 --> 00:42:44,040
 You'll see here that these three parcels as well as some a little bit further to the east

568
00:42:44,040 --> 00:42:45,640
 are undeveloped.

569
00:42:45,640 --> 00:42:51,480
 We do have a development that is in review currently that will come to you later through

570
00:42:51,480 --> 00:42:53,120
 public hearing.

571
00:42:53,120 --> 00:42:59,440
 The properties to the north of McKinney, one is owned by the church, so we anticipate that

572
00:42:59,440 --> 00:43:09,160
 that would remain a church use and that remaining vacant property is also zoned for residential.

573
00:43:09,160 --> 00:43:15,040
 However, it does have that potential to move forward to this commercial areas and I'll

574
00:43:15,040 --> 00:43:18,680
 speak to that in just a few slides.

575
00:43:18,680 --> 00:43:24,400
 So there are general approval criteria for an SUP as well as specific criteria for an

576
00:43:24,400 --> 00:43:25,400
 SUP.

577
00:43:25,400 --> 00:43:30,960
 I won't go into every single one, but I will touch on a few high points that can also be

578
00:43:30,960 --> 00:43:33,800
 found in the staff report.

579
00:43:33,800 --> 00:43:40,020
 So first, of course, with all our presentations, we do want to highlight Denton Plan 2030.

580
00:43:40,020 --> 00:43:45,200
 So this is the future land use plan for this site.

581
00:43:45,200 --> 00:43:48,760
 This is primarily designated for community mixed use.

582
00:43:48,760 --> 00:43:54,840
 As you can see, there is a large chunk of community mixed use in the surrounding area.

583
00:43:54,840 --> 00:44:02,340
 So this does promote a mix of uses, mostly commercial, but where moderate and high density

584
00:44:02,340 --> 00:44:07,560
 do support these commercial uses, it is seen as complementary.

585
00:44:07,560 --> 00:44:13,280
 So it is consistent with the future land use designation as well as the corridor focus

586
00:44:13,280 --> 00:44:15,040
 area.

587
00:44:15,040 --> 00:44:21,580
 So along McKinney and Mayhill and then a little bit further west to Loop 288, this area is

588
00:44:21,580 --> 00:44:28,080
 designated as what's called that corridor focus area within our future land use plan.

589
00:44:28,080 --> 00:44:34,560
 Within that area, it's just looking at specific design standards to make sure that this corridor

590
00:44:34,560 --> 00:44:41,320
 does develop commercially and consistent to a certain amount of standards.

591
00:44:41,320 --> 00:44:46,280
 After reviewing this, this proposal does meet the intent of that goal.

592
00:44:46,280 --> 00:44:52,720
 It does encourage the use of multimodal transportation with access to that multi-use path, providing

593
00:44:52,720 --> 00:45:01,560
 amenities to bike ped as well as being adjacent to a transit facility, which is just 800 feet

594
00:45:01,560 --> 00:45:03,560
 east of the site.

595
00:45:03,560 --> 00:45:08,800
 The proposal does include some parking reductions for that transit proximity as well as increased

596
00:45:08,800 --> 00:45:13,880
 landscaping, particularly along the right of way to make sure that we're maintaining

597
00:45:13,880 --> 00:45:19,640
 that residential focus as well as orienting and making connections again to that public

598
00:45:19,640 --> 00:45:20,880
 realm.

599
00:45:20,880 --> 00:45:27,840
 And lastly, they do provide elements from table 4.1 regarding urban design principles

600
00:45:27,840 --> 00:45:33,000
 and most of those design principles have been incorporated into the development code for

601
00:45:33,000 --> 00:45:41,200
 this district as well as for multifamily design.

602
00:45:41,200 --> 00:45:46,120
 Just briefly wanted to talk about the proposal and how it minimizes adverse environmental

603
00:45:46,120 --> 00:45:47,560
 impacts.

604
00:45:47,560 --> 00:45:55,120
 As I mentioned earlier, there is a significant area of floodplain as well as ESA to the south.

605
00:45:55,120 --> 00:45:59,560
 This is totaling approximately two acres of the subject property.

606
00:45:59,560 --> 00:46:04,880
 However, the applicant or the developer is proposing to remain entirely out of this area

607
00:46:04,880 --> 00:46:15,560
 to ensure that tree preservation and both preservation of the sensitive area remains.

608
00:46:15,560 --> 00:46:19,560
 Going back to the surrounding area and talking about how it's compatible or how the proposal

609
00:46:19,560 --> 00:46:25,240
 is compatible with the surrounding use, the R7 district does support that compatibility

610
00:46:25,240 --> 00:46:30,160
 between single family neighborhoods that we do see on the northern side of McKinney as

611
00:46:30,160 --> 00:46:37,040
 well as higher intensity mixed use such as this multifamily development.

612
00:46:37,040 --> 00:46:42,960
 As mentioned before, the existing residential is on larger property that appears to be kind

613
00:46:42,960 --> 00:46:46,920
 of remnants of what was subdivisions by deed.

614
00:46:46,920 --> 00:46:52,040
 These properties are also located significantly out of the right-of-way view.

615
00:46:52,040 --> 00:46:58,660
 It's not an established subdivision per se, so while it is residential, there is no clear

616
00:46:58,660 --> 00:47:06,680
 cut or defined residential character associated with that existing residential.

617
00:47:06,680 --> 00:47:12,200
 The property is also adjacent to that commercial institutional use being adjacent to the Texas

618
00:47:12,200 --> 00:47:18,600
 DPS facility as well as some city property to the north that I believe is being used

619
00:47:18,600 --> 00:47:21,120
 for the expansion of McKinney.

620
00:47:21,120 --> 00:47:27,760
 As I mentioned earlier, also the undeveloped property that remains is zoned R2.

621
00:47:27,760 --> 00:47:32,880
 We also have R7 and MN to the east.

622
00:47:32,880 --> 00:47:40,240
 Multifamily would also be permitted with an SUP and by right in the MN district.

623
00:47:40,240 --> 00:47:46,720
 And then just briefly, the setbacks proposed by the development do stay within what is

624
00:47:46,720 --> 00:47:50,080
 required for most residential districts, which is 10 feet.

625
00:47:50,080 --> 00:47:56,400
 They're proposing 10 to 20 feet from the right-of-way as well as maintaining that maximum height

626
00:47:56,400 --> 00:47:57,400
 of 40 feet.

627
00:47:57,400 --> 00:48:03,600
 They're proposing about 37 feet.

628
00:48:03,600 --> 00:48:08,840
 As I mentioned, the East McKinney Street widening project does expand the roadway from a two-lane

629
00:48:08,840 --> 00:48:10,440
 to a four-lane.

630
00:48:10,440 --> 00:48:19,080
 When this was developed, it did incorporate those high traffic uses, so it does accommodate

631
00:48:19,080 --> 00:48:22,760
 the proposed traffic from this development.

632
00:48:22,760 --> 00:48:31,240
 An increase of 1,436 daily trips would be generated from this development, but again,

633
00:48:31,240 --> 00:48:33,840
 the roadway would be able to support it.

634
00:48:33,840 --> 00:48:38,360
 Additionally, there is that 12-foot mixed use path as well as the sidewalk on the south

635
00:48:38,360 --> 00:48:41,840
 side to help facilitate pedestrian traffic.

636
00:48:41,840 --> 00:48:48,760
 And then the bus stop that is located 800 feet east of the site and is actually across

637
00:48:48,760 --> 00:48:50,800
 the street from Ryan High School.

638
00:48:50,800 --> 00:48:54,600
 A TIA was conducted for this development.

639
00:48:54,600 --> 00:49:00,280
 The recommendations out of that TIA indicated that a right-turn diesel lane would be required,

640
00:49:00,280 --> 00:49:04,600
 and the applicant has shown that on their site plan.

641
00:49:04,600 --> 00:49:10,480
 They do have access to water and wastewater via an existing 16-inch line on the south

642
00:49:10,480 --> 00:49:16,620
 side of East McKinney as well as an 8-inch wastewater line on the north side of McKinney.

643
00:49:16,620 --> 00:49:24,560
 This will be evaluated further when they come in for platting and then permitting.

644
00:49:24,560 --> 00:49:30,920
 They do have access to park space, which has yet to be developed by parks, but it is within

645
00:49:30,920 --> 00:49:35,560
 the designated distance required by parks.

646
00:49:35,560 --> 00:49:41,720
 Until that does develop, the development has proposed some on-site amenities, including

647
00:49:41,720 --> 00:49:44,640
 that community pool, fitness center.

648
00:49:44,640 --> 00:49:50,240
 There are large landscaped areas and gathering spaces that residents could use.

649
00:49:50,240 --> 00:49:53,480
 And then, of course, park dedication fees and development fees will be assessed with

650
00:49:53,480 --> 00:49:55,600
 the final plat.

651
00:49:55,600 --> 00:49:59,800
 We did reach out to DISD regarding the high influx of students that would be generated

652
00:49:59,800 --> 00:50:01,520
 with this proposal.

653
00:50:01,520 --> 00:50:06,440
 They did indicate that they can accommodate this increase and do not see any concerns

654
00:50:06,440 --> 00:50:10,560
 with the proposed development.

655
00:50:10,560 --> 00:50:14,580
 Public notices were sent out to those within 200 and 500 feet.

656
00:50:14,580 --> 00:50:17,840
 As of today, we did not receive any response.

657
00:50:17,840 --> 00:50:21,840
 The applicant did not hold a neighborhood meeting, however, they did reach out individually

658
00:50:21,840 --> 00:50:30,480
 to property owners, and I don't believe they had any negative requests received.

659
00:50:30,480 --> 00:50:34,880
 The recommendations are for approval with some conditions.

660
00:50:34,880 --> 00:50:41,440
 These are just administrative conditions, which allow staff to make minor administrative

661
00:50:41,440 --> 00:50:49,320
 changes to landscaping, street trees, and various items on the landscape plan, as well

662
00:50:49,320 --> 00:50:55,520
 as indicating the SUP, if approved on the zoning map, and any other administrative approvals

663
00:50:55,520 --> 00:50:58,320
 within reason.

664
00:50:58,320 --> 00:51:02,360
 And then finally, just making sure that the approval does incorporate the elements that

665
00:51:02,360 --> 00:51:09,040
 are proposed on the site plan today, which includes 264 units, various gathering spaces

666
00:51:09,040 --> 00:51:15,960
 and amenities, as well as parking, the two driveway accesses, and then the earth tone

667
00:51:15,960 --> 00:51:18,400
 color palette building design.

668
00:51:18,400 --> 00:51:24,920
 Again, this will be incorporated into the ordinance just to allow minor administrative

669
00:51:24,920 --> 00:51:29,280
 changes less than 5%.

670
00:51:29,280 --> 00:51:32,400
 And with that, I can take any questions that you might have.

671
00:51:32,400 --> 00:51:36,000
 Thank you so much for the presentation.

672
00:51:36,000 --> 00:51:37,000
 Any questions?

673
00:51:37,000 --> 00:51:39,480
 Yes, Christian or Beck?

674
00:51:39,480 --> 00:51:40,480
 Thank you.

675
00:51:40,480 --> 00:52:00,080
 Can you go back to slide two and then I'll ask for slide three?

676
00:52:00,080 --> 00:52:05,080
 So while you do that, I will lead off and say that I have no issues with the multifamily.

677
00:52:05,080 --> 00:52:06,680
 I have no issues.

678
00:52:06,680 --> 00:52:10,960
 I'm glad that the traffic impact analysis was done and the school district, all that

679
00:52:10,960 --> 00:52:18,240
 is completed, but my issues will be clear on slide two.

680
00:52:18,240 --> 00:52:22,080
 And that is, you know, it's actually just with that building five.

681
00:52:22,080 --> 00:52:26,640
 It's not the multifamily, it's not the parks, it's not the dog park, everything about this

682
00:52:26,640 --> 00:52:28,320
 property is good.

683
00:52:28,320 --> 00:52:29,960
 I would support it.

684
00:52:29,960 --> 00:52:37,200
 It is that Southwest building and the adjacent structures.

685
00:52:37,200 --> 00:52:40,120
 And I'll try to point that out if it pops up.

686
00:52:40,120 --> 00:52:50,040
 I apologize, it's something a little strange is happening here.

687
00:52:50,040 --> 00:52:53,760
 Yeah.

688
00:52:53,760 --> 00:52:55,160
 Let me try to reopen it.

689
00:52:55,160 --> 00:53:01,360
 It doesn't want to cooperate right now.

690
00:53:01,360 --> 00:53:03,960
 Okay.

691
00:53:03,960 --> 00:53:10,520
 Well, and to give you time to do that, I will verbally say my issues.

692
00:53:10,520 --> 00:53:18,400
 If we look at the flow of Pecan Creek, which is one of our major waterways in our town.

693
00:53:18,400 --> 00:53:19,320
 Oh, awesome.

694
00:53:19,320 --> 00:53:22,760
 So the satellite view.

695
00:53:22,760 --> 00:53:25,760
 Yeah, that's perfect, and then we'll go to the next one in a second.

696
00:53:25,760 --> 00:53:31,160
 So we can see that the future Pebble Something or other park is there to the west.

697
00:53:31,160 --> 00:53:35,920
 And you know that, I mean, this is one of our major, you know, we have UNT projects

698
00:53:35,920 --> 00:53:38,720
 all up and down Pecan Creek, it goes out to the lake.

699
00:53:38,720 --> 00:53:49,760
 This is one of our major wildlife flora fauna corridors with sensitive nowhere else or limited

700
00:53:49,760 --> 00:53:53,400
 in Texas, flora and fauna.

701
00:53:53,400 --> 00:53:58,920
 It's adjacent, and I know it's May Hill, but it's still adjacent across to that park.

702
00:53:58,920 --> 00:54:05,240
 And you can see that the flow is directly in this picture, left to right, east, west.

703
00:54:05,240 --> 00:54:08,520
 It's right up against that building five's parking lot.

704
00:54:08,520 --> 00:54:14,480
 I'm calling it five, whatever the building is to the southwest.

705
00:54:14,480 --> 00:54:22,240
 So if these planners had included the four northern buildings and then adjusted, like

706
00:54:22,240 --> 00:54:27,320
 what I'm calling building six to the southeast, and made that sort of where it is now or a

707
00:54:27,320 --> 00:54:32,680
 little north, I would have no problem, I'd be happily voting for this as a way of extending

708
00:54:32,680 --> 00:54:35,040
 density in this corridor.

709
00:54:35,040 --> 00:54:41,960
 But this property right there, those elevations are such that you're, I mean, you can even

710
00:54:41,960 --> 00:54:43,160
 see it in the plans.

711
00:54:43,160 --> 00:54:48,440
 They're having to put a masonry wall, yes, thank you for, that's exactly, they're having

712
00:54:48,440 --> 00:54:54,320
 to put that masonry wall to the north or to the west, in this picture to the top.

713
00:54:54,320 --> 00:54:59,360
 They're building directly on top of the floodplain, whatever those are, I can't see what those

714
00:54:59,360 --> 00:55:01,360
 accessory structures are.

715
00:55:01,360 --> 00:55:02,360
 Is that parking?

716
00:55:02,360 --> 00:55:07,680
 - Sorry, I'm not- - Along the northwest?

717
00:55:07,680 --> 00:55:13,080
 And so if they had simply taken those two red buildings and rotated one up and made

718
00:55:13,080 --> 00:55:20,640
 it sort of more northern, I mean, I would be just voting all over the place for this.

719
00:55:20,640 --> 00:55:26,640
 But I mean, that flow is from the top of the screen down into that building, and it's just

720
00:55:26,640 --> 00:55:29,240
 going to continue to erode out.

721
00:55:29,240 --> 00:55:34,600
 You can even see if you flip back one page to the flood map, look at the rest of the

722
00:55:34,600 --> 00:55:39,640
 creek bed, you can see it's oxbowing right now to the southwest.

723
00:55:39,640 --> 00:55:48,360
 It's going, it wants to rejoin the other creek drainages in the future by poly and whatnot.

724
00:55:48,360 --> 00:55:53,000
 So I mean, it's going to continue to move eastward into this property.

725
00:55:53,000 --> 00:55:58,600
 And it's just foolish to think that there won't be any impacts financially or environmentally

726
00:55:58,600 --> 00:56:00,060
 of that southwest building.

727
00:56:00,060 --> 00:56:05,720
 So I just really wish the developers had taken that one building and rotated it around, and

728
00:56:05,720 --> 00:56:08,160
 I'd be all over voting for this.

729
00:56:08,160 --> 00:56:13,440
 But this is going to be problematic and impactful.

730
00:56:13,440 --> 00:56:21,160
 And I could sit here and cite the rules like we want to do, but I mean, I think you know.

731
00:56:21,160 --> 00:56:27,880
 So I just, this is going to be, this is that one building, and you can see that the fact

732
00:56:27,880 --> 00:56:33,560
 that they're putting in fencing and masonry walls, it's not like the DPS building to the

733
00:56:33,560 --> 00:56:34,560
 west.

734
00:56:34,560 --> 00:56:38,440
 But you know, that is north of the east-west blow.

735
00:56:38,440 --> 00:56:42,040
 That is also a government facility, so if there's issues, the government can control

736
00:56:42,040 --> 00:56:43,040
 it.

737
00:56:43,040 --> 00:56:47,440
 All right, this is going to be private property where it's going to impact our public lands

738
00:56:47,440 --> 00:56:54,240
 that are owned by everyone, with sensitive species in this adjacent region, as well as

739
00:56:54,240 --> 00:56:55,640
 downstream towards the lake.

740
00:56:55,640 --> 00:56:58,280
 But in this region, there are sensitive species.

741
00:56:58,280 --> 00:57:05,640
 And so I, this is, it's so unfortunate because I would absolutely have voted for this if

742
00:57:05,640 --> 00:57:08,560
 that one building was moved.

743
00:57:08,560 --> 00:57:13,200
 So I know there wasn't a question in there, I know it was more of comment, but I do want

744
00:57:13,200 --> 00:57:17,040
 to provide some clarification related to the drainage.

745
00:57:17,040 --> 00:57:22,800
 So part of this request, before going to public hearing, they are required to do what's considered

746
00:57:22,800 --> 00:57:30,440
 a downstream assessment that evaluates how their, if they are not going to detain their

747
00:57:30,440 --> 00:57:37,000
 flow of stormwater, how it's going to impact, I believe, the floodplain.

748
00:57:37,000 --> 00:57:43,440
 So they did submit that study and they did receive review from our engineers and receive

749
00:57:43,440 --> 00:57:45,520
 approval of that.

750
00:57:45,520 --> 00:57:51,780
 Another component related to the drainage is, I mean, you probably know this way better

751
00:57:51,780 --> 00:57:57,560
 than I do, but the FEMA floodplain often changes every so often.

752
00:57:57,560 --> 00:58:04,200
 And so we do have what is called, I believe it's part of that downstream assessment where

753
00:58:04,200 --> 00:58:08,080
 they evaluate the boundary of the floodplain.

754
00:58:08,080 --> 00:58:10,760
 And I believe that was done with this study.

755
00:58:10,760 --> 00:58:15,320
 Again, like you said, it might change later, but I did want to point out that that was

756
00:58:15,320 --> 00:58:20,520
 something that was reviewed by staff during the process.

757
00:58:20,520 --> 00:58:26,220
 And then to address your comment about the orientation of the building, the applicant

758
00:58:26,220 --> 00:58:32,200
 will be available during the regular session after my presentation.

759
00:58:32,200 --> 00:58:36,800
 They do not have a presentation available, but they will be available to answer any concerns

760
00:58:36,800 --> 00:58:40,560
 or questions that you have directly related to them.

761
00:58:40,560 --> 00:58:41,560
 I appreciate that.

762
00:58:41,560 --> 00:58:45,320
 Thank you.

763
00:58:45,320 --> 00:58:51,960
 Any other questions for Karina?

764
00:58:51,960 --> 00:58:55,680
 Great.

765
00:58:55,680 --> 00:59:02,760
 Seeing none, that takes us to the end of our work session agenda.

766
00:59:02,760 --> 00:59:07,400
 I will close the work session at 6.11.

767
00:59:07,400 --> 00:59:15,040
 We'll meet back here at 6.30 to start the regular meeting.

768
00:59:15,040 --> 00:59:18,400
 Good evening, ladies and gentlemen, and welcome to the planning and zoning regular meeting

769
00:59:18,400 --> 00:59:22,200
 for April 7th, 2021.

770
00:59:22,200 --> 00:59:27,140
 Seeing that we have a quorum, I'll call the meeting to order at 6.32.

771
00:59:27,140 --> 00:59:32,000
 The first item of our agenda this evening is to provide a pledge of allegiance to the

772
00:59:32,000 --> 00:59:35,000
 U.S. and Texas flag.

773
00:59:35,000 --> 00:59:39,160
 If fellow commissioners would like to join me, you can certainly unmute yourself.

774
00:59:39,160 --> 00:59:45,040
 I pledge allegiance to the flag of the United States of America and to the republic for

775
00:59:45,040 --> 00:59:53,880
 which it stands, one nation under God, indivisible, with liberty and justice for all.

776
00:59:53,880 --> 00:59:56,080
 Honor the Texas flag.

777
00:59:56,080 --> 01:00:04,720
 I pledge allegiance to the Texas one state, under God, one and indivisible.

778
01:00:04,720 --> 01:00:09,600
 The next item of business is the consideration of our minutes from March 17th, 2021.

779
01:00:09,600 --> 01:00:10,600
 Commissioner Ellis?

780
01:00:10,600 --> 01:00:11,600
 Move approval.

781
01:00:11,600 --> 01:00:14,400
 We have a first for approval.

782
01:00:14,400 --> 01:00:15,400
 Commissioner Smith?

783
01:00:15,400 --> 01:00:16,400
 Second.

784
01:00:16,400 --> 01:00:20,680
 We have a first and a second for approval.

785
01:00:20,680 --> 01:00:23,440
 Any discussion on the minutes?

786
01:00:23,440 --> 01:00:25,800
 Seeing none, I'll call for a vote via roll call.

787
01:00:25,800 --> 01:00:26,800
 Commissioner Ellis?

788
01:00:26,800 --> 01:00:27,800
 Aye.

789
01:00:27,800 --> 01:00:28,800
 Commissioner Smith?

790
01:00:28,800 --> 01:00:29,800
 Aye.

791
01:00:29,800 --> 01:00:30,800
 Commissioner Beck?

792
01:00:30,800 --> 01:00:31,800
 Aye.

793
01:00:31,800 --> 01:00:32,800
 Commissioner Anderson?

794
01:00:32,800 --> 01:00:33,800
 Aye.

795
01:00:33,800 --> 01:00:34,800
 Commissioner Anderson?

796
01:00:34,800 --> 01:00:35,800
 Aye.

797
01:00:35,800 --> 01:00:36,800
 Commissioner Coal?

798
01:00:36,800 --> 01:00:37,800
 Aye.

799
01:00:37,800 --> 01:00:38,800
 Commissioner Pernetta?

800
01:00:38,800 --> 01:00:39,800
 Aye.

801
01:00:39,800 --> 01:00:40,800
 Chair is also an aye.

802
01:00:40,800 --> 01:00:41,800
 Motion carries 7-0.

803
01:00:41,800 --> 01:00:51,240
 Next item of business is our individual consideration items, starting with 3A, PP21-0002.

804
01:00:51,240 --> 01:00:57,600
 This is Corina Maldonado's presentation, and as soon as you're ready, the floor is yours.

805
01:00:57,600 --> 01:01:01,960
 Okay, can you one second to pull this back up?

806
01:01:01,960 --> 01:01:05,280
 I'm having the same issue as earlier.

807
01:01:05,280 --> 01:01:10,760
 Okay, there you go.

808
01:01:10,760 --> 01:01:26,640
 All right, good evening, everyone.

809
01:01:26,640 --> 01:01:30,340
 This is a preliminary plat 21-0002.

810
01:01:30,340 --> 01:01:32,600
 This is for the state school road estates.

811
01:01:32,600 --> 01:01:37,720
 This previously came before you for a rezoning earlier this year.

812
01:01:37,720 --> 01:01:42,280
 Staff is recommending denial of this preliminary plat request as it does not meet the established

813
01:01:42,280 --> 01:01:45,640
 requirements outlined in Exhibit 2.

814
01:01:45,640 --> 01:01:50,560
 The applicant, however, has requested an extension to the May 5th meeting, and staff is not opposed

815
01:01:50,560 --> 01:01:53,680
 to this request.

816
01:01:53,680 --> 01:01:56,000
 Thank you very much for the presentation.

817
01:01:56,000 --> 01:01:57,840
 Any questions for Corina?

818
01:01:57,840 --> 01:01:58,840
 Okay.

819
01:01:58,840 --> 01:02:04,720
 Seeing none, I certainly hear a motion.

820
01:02:04,720 --> 01:02:05,720
 Commissioner Smith?

821
01:02:05,720 --> 01:02:11,360
 Make a motion to extend to the date certain of May 5th, 2020.

822
01:02:11,360 --> 01:02:17,960
 We have a first for the 30-day extension to May 5th, 2021.

823
01:02:17,960 --> 01:02:25,880
 Commissioner Beck?

824
01:02:25,880 --> 01:02:26,880
 I second that.

825
01:02:26,880 --> 01:02:31,560
 So, we have a first and a second for the approval for the 30-day extension to a date certain

826
01:02:31,560 --> 01:02:32,560
 of May 5th.

827
01:02:32,560 --> 01:02:33,560
 Any discussion?

828
01:02:33,560 --> 01:02:38,040
 Seeing none, I call for a vote via roll call.

829
01:02:38,040 --> 01:02:39,040
 Commissioner Ellis?

830
01:02:39,040 --> 01:02:40,040
 Aye.

831
01:02:40,040 --> 01:02:41,040
 Commissioner Smith?

832
01:02:41,040 --> 01:02:42,040
 Aye.

833
01:02:42,040 --> 01:02:43,040
 Commissioner Beck?

834
01:02:43,040 --> 01:02:44,040
 Aye.

835
01:02:44,040 --> 01:02:45,040
 Commissioner Anderson?

836
01:02:45,040 --> 01:02:46,040
 Aye.

837
01:02:46,040 --> 01:02:47,040
 Commissioner Cole?

838
01:02:47,040 --> 01:02:48,040
 Aye.

839
01:02:48,040 --> 01:02:49,040
 Commissioner Pernetta?

840
01:02:49,040 --> 01:02:50,040
 Aye.

841
01:02:50,040 --> 01:02:51,720
 Chair is also an aye.

842
01:02:51,720 --> 01:02:53,920
 Motion carries 7-0.

843
01:02:53,920 --> 01:02:57,480
 Next item for business is Item 3B, PP21-0003.

844
01:02:57,480 --> 01:03:10,400
 I'll invite Mark Laird for presentation.

845
01:03:10,400 --> 01:03:36,400
 Mark's on, I believe he's muted.

846
01:03:36,400 --> 01:03:46,960
 Good evening, this is Mark Laird, I'm a planner with the development service department.

847
01:03:46,960 --> 01:03:52,600
 Before you have the plenary plait of Giesling and 380 Industrial Edition.

848
01:03:52,600 --> 01:03:57,160
 This development is generally located on the east and west lines of Giesling Road, being

849
01:03:57,160 --> 01:04:00,400
 south of U.S. 380, also known as University Drive.

850
01:04:00,400 --> 01:04:04,120
 This development is within the City of Ditton, I stand for any questions or comments you

851
01:04:04,120 --> 01:04:05,120
 may have.

852
01:04:05,120 --> 01:04:06,120
 Great.

853
01:04:06,120 --> 01:04:07,120
 Thanks, Mark.

854
01:04:07,120 --> 01:04:11,420
 Any questions on this presentation?

855
01:04:11,420 --> 01:04:14,960
 Seeing none, the chair will certainly entertain a motion on the item.

856
01:04:14,960 --> 01:04:17,080
 Commissioner Ellis?

857
01:04:17,080 --> 01:04:18,080
 I move approval.

858
01:04:18,080 --> 01:04:19,800
 We have a first for approval.

859
01:04:19,800 --> 01:04:20,800
 Commissioner Smith?

860
01:04:20,800 --> 01:04:21,800
 Second.

861
01:04:21,800 --> 01:04:23,400
 We have a first and a second for approval.

862
01:04:23,400 --> 01:04:26,400
 Any discussion?

863
01:04:26,400 --> 01:04:29,360
 Seeing none, I will call for a vote via roll call.

864
01:04:29,360 --> 01:04:30,360
 Commissioner Ellis?

865
01:04:30,360 --> 01:04:31,360
 Aye.

866
01:04:31,360 --> 01:04:32,360
 Commissioner Smith?

867
01:04:32,360 --> 01:04:33,360
 Aye.

868
01:04:33,360 --> 01:04:34,360
 Commissioner Beck?

869
01:04:34,360 --> 01:04:35,360
 Aye.

870
01:04:35,360 --> 01:04:36,360
 Commissioner Anderson?

871
01:04:36,360 --> 01:04:37,360
 Aye.

872
01:04:37,360 --> 01:04:38,360
 Commissioner Cole?

873
01:04:38,360 --> 01:04:39,360
 Aye.

874
01:04:39,360 --> 01:04:40,360
 Commissioner Pernetta?

875
01:04:40,360 --> 01:04:41,360
 Aye.

876
01:04:41,360 --> 01:04:42,900
 Chair is also an aye.

877
01:04:42,900 --> 01:04:45,240
 Motion carries 7-0.

878
01:04:45,240 --> 01:04:52,840
 Next item for business is item 3C, FP21-0007 and Julie Wyatt here to present.

879
01:04:52,840 --> 01:04:53,840
 Evening.

880
01:04:53,840 --> 01:04:57,860
 Let me share the screen.

881
01:04:57,860 --> 01:05:00,660
 All right.

882
01:05:00,660 --> 01:05:04,720
 This is FP21-0007.

883
01:05:04,720 --> 01:05:08,560
 Finally in your packet, it had a recommendation of denial.

884
01:05:08,560 --> 01:05:14,880
 They were making some corrections to the HOA documents requested by legal.

885
01:05:14,880 --> 01:05:17,640
 They have since made those corrections.

886
01:05:17,640 --> 01:05:26,000
 So although they are requesting an extension tonight, they have satisfied all of the requirements

887
01:05:26,000 --> 01:05:30,320
 and so staff recommends approval of the request.

888
01:05:30,320 --> 01:05:34,880
 It's for a single family development, it's phase two of a planned development and I'll

889
01:05:34,880 --> 01:05:36,680
 be happy to answer any questions.

890
01:05:36,680 --> 01:05:37,680
 Great.

891
01:05:37,680 --> 01:05:38,680
 Thanks, Julie.

892
01:05:38,680 --> 01:05:41,240
 Any questions for staff?

893
01:05:41,240 --> 01:05:50,000
 Seeing none, I'll entertain a motion for discussion.

894
01:05:50,000 --> 01:05:51,640
 Commissioner Beck?

895
01:05:51,640 --> 01:05:59,080
 So just a procedural, thank you, Chair, just a procedural question, are we, what is the

896
01:05:59,080 --> 01:06:01,240
 chair asking us to proceed on?

897
01:06:01,240 --> 01:06:09,080
 The application, the extension, what are we being asked to make a motion on?

898
01:06:09,080 --> 01:06:16,160
 Julie, can you clarify, this is recommended for approval, correct?

899
01:06:16,160 --> 01:06:17,160
 Yes, sir.

900
01:06:17,160 --> 01:06:21,600
 It is a recommendation for approval.

901
01:06:21,600 --> 01:06:31,600
 So the applicants need to retract their request for extension?

902
01:06:31,600 --> 01:06:33,280
 Julie or Richard, do you have any insight?

903
01:06:33,280 --> 01:06:34,280
 I don't know.

904
01:06:34,280 --> 01:06:35,280
 I don't know.

905
01:06:35,280 --> 01:06:38,320
 And maybe Matt can add, but I don't even know that since we're recommending approval, I

906
01:06:38,320 --> 01:06:40,280
 don't even know that it's really...

907
01:06:40,280 --> 01:06:41,280
 Is it not germane?

908
01:06:41,280 --> 01:06:43,520
 Yeah, it's really not relevant.

909
01:06:43,520 --> 01:06:48,400
 So we are being asked to make a motion on their original application.

910
01:06:48,400 --> 01:06:50,160
 Correct.

911
01:06:50,160 --> 01:06:52,800
 Okay.

912
01:06:52,800 --> 01:06:57,160
 Commissioner Smith.

913
01:06:57,160 --> 01:06:59,240
 The motion to approve.

914
01:06:59,240 --> 01:07:00,240
 Thank you.

915
01:07:00,240 --> 01:07:02,120
 There's a first for approval.

916
01:07:02,120 --> 01:07:03,120
 Commissioner Anderson?

917
01:07:03,120 --> 01:07:04,120
 I second.

918
01:07:04,120 --> 01:07:08,920
 We have a first and a second for approval of the application.

919
01:07:08,920 --> 01:07:11,620
 Any discussion?

920
01:07:11,620 --> 01:07:13,640
 Seeing none, I call for a vote, be a roll call.

921
01:07:13,640 --> 01:07:14,640
 Commissioner Ellis?

922
01:07:14,640 --> 01:07:15,640
 Aye.

923
01:07:15,640 --> 01:07:16,640
 Commissioner Smith?

924
01:07:16,640 --> 01:07:17,640
 Aye.

925
01:07:17,640 --> 01:07:18,640
 Commissioner Beck?

926
01:07:18,640 --> 01:07:19,640
 Aye.

927
01:07:19,640 --> 01:07:20,640
 Commissioner Young?

928
01:07:20,640 --> 01:07:21,640
 Aye.

929
01:07:21,640 --> 01:07:22,640
 Commissioner Anderson?

930
01:07:22,640 --> 01:07:23,640
 Aye.

931
01:07:23,640 --> 01:07:24,640
 Commissioner Cole?

932
01:07:24,640 --> 01:07:25,640
 Aye.

933
01:07:25,640 --> 01:07:26,640
 Commissioner Pernetta?

934
01:07:26,640 --> 01:07:27,640
 Aye.

935
01:07:27,640 --> 01:07:28,640
 Chair is also an aye.

936
01:07:28,640 --> 01:07:29,640
 Motion carries seven, zero.

937
01:07:29,640 --> 01:07:35,400
 The next item of business is item 3D, PP21-0004.

938
01:07:35,400 --> 01:07:37,520
 This is also Julie's item.

939
01:07:37,520 --> 01:07:44,320
 All right, let me share my screen.

940
01:07:44,320 --> 01:07:52,520
 All right, so this is PP21-0004.

941
01:07:52,520 --> 01:07:55,400
 The subject property is within the city's ETJ.

942
01:07:55,400 --> 01:07:58,600
 It is outside of the city boundary.

943
01:07:58,600 --> 01:08:01,800
 They still have some comments that they need to work through.

944
01:08:01,800 --> 01:08:05,040
 And so staff recommends denial of the request.

945
01:08:05,040 --> 01:08:12,640
 But they have requested an extension, and that would be to the May 5th Planning and

946
01:08:12,640 --> 01:08:13,640
 Zoning Commission.

947
01:08:13,640 --> 01:08:16,800
 We'd be happy to answer any questions.

948
01:08:16,800 --> 01:08:21,440
 Any questions for Julie on this item?

949
01:08:21,440 --> 01:08:24,680
 Seeing none, Chair will entertain discussion or motion.

950
01:08:24,680 --> 01:08:27,440
 Commissioner Ellis?

951
01:08:27,440 --> 01:08:31,360
 I move approval of the requested extension to a date certain of May 5th.

952
01:08:31,360 --> 01:08:32,360
 Great.

953
01:08:32,360 --> 01:08:33,360
 We have a first for the extension.

954
01:08:33,360 --> 01:08:34,360
 Commissioner Anderson?

955
01:08:34,360 --> 01:08:35,360
 I second the motion.

956
01:08:35,360 --> 01:08:40,840
 We have a first and a second for the approval of the 30-day extension going to the May 5th

957
01:08:40,840 --> 01:08:41,840
 meeting.

958
01:08:41,840 --> 01:08:45,040
 Any discussion on this item?

959
01:08:45,040 --> 01:08:47,760
 Seeing none, I'll call for a vote, be a roll call.

960
01:08:47,760 --> 01:08:48,760
 Commissioner Ellis?

961
01:08:48,760 --> 01:08:49,760
 I.

962
01:08:49,760 --> 01:08:50,760
 Commissioner Smith?

963
01:08:50,760 --> 01:08:51,760
 I.

964
01:08:51,760 --> 01:08:52,760
 Commissioner Beck?

965
01:08:52,760 --> 01:08:53,760
 I.

966
01:08:53,760 --> 01:08:55,240
 Commissioner Anderson?

967
01:08:55,240 --> 01:08:56,240
 I.

968
01:08:56,240 --> 01:08:57,240
 Commissioner Cole?

969
01:08:57,240 --> 01:08:58,240
 I.

970
01:08:58,240 --> 01:08:59,240
 Commissioner Pernetta?

971
01:08:59,240 --> 01:09:00,240
 I.

972
01:09:00,240 --> 01:09:01,960
 Chair is also an aye.

973
01:09:01,960 --> 01:09:04,560
 Motion carries 7-0.

974
01:09:04,560 --> 01:09:13,800
 The last item of our individual consideration items is item 3E FP21-0009, and this is Carina

975
01:09:13,800 --> 01:09:17,560
 Maldonado's item.

976
01:09:17,560 --> 01:09:21,560
 All right.

977
01:09:21,560 --> 01:09:30,160
 Am I on the right slide?

978
01:09:30,160 --> 01:09:33,800
 Here we go.

979
01:09:33,800 --> 01:09:34,800
 Now you are.

980
01:09:34,800 --> 01:09:35,800
 All right.

981
01:09:35,800 --> 01:09:37,320
 So this is a request for a final plat.

982
01:09:37,320 --> 01:09:40,720
 This is FP21-0009.

983
01:09:40,720 --> 01:09:43,800
 This is for Phase 6 of the North Point Addition.

984
01:09:43,800 --> 01:09:47,840
 This is located just south of Loop 288.

985
01:09:47,840 --> 01:09:52,320
 Staff is recommending denial of this request as it still has not met all criteria.

986
01:09:52,320 --> 01:09:57,880
 However, the applicant has requested an extension to the May 5th, 2021 Planning and Zoning Commission

987
01:09:57,880 --> 01:10:04,400
 meeting, and staff is not opposed to this request.

988
01:10:04,400 --> 01:10:05,720
 With that, I can take any questions.

989
01:10:05,720 --> 01:10:06,720
 Great.

990
01:10:06,720 --> 01:10:08,680
 Any questions for Carina?

991
01:10:08,680 --> 01:10:10,760
 Commissioner Pernetta?

992
01:10:10,760 --> 01:10:15,920
 You're taking a motion?

993
01:10:15,920 --> 01:10:16,920
 Absolutely.

994
01:10:16,920 --> 01:10:20,480
 Motion to postpone to the May 5th.

995
01:10:20,480 --> 01:10:21,480
 Great.

996
01:10:21,480 --> 01:10:23,600
 Commissioner Cole with the first?

997
01:10:23,600 --> 01:10:24,600
 Second.

998
01:10:24,600 --> 01:10:29,080
 We have a first and a second for an approval of the 30-day extension to a date certain

999
01:10:29,080 --> 01:10:30,720
 of May 5th.

1000
01:10:30,720 --> 01:10:34,040
 Any discussion on the item?

1001
01:10:34,040 --> 01:10:36,440
 Seeing none, I'll call for a vote via roll call.

1002
01:10:36,440 --> 01:10:37,440
 Commissioner Ellis?

1003
01:10:37,440 --> 01:10:38,440
 Aye.

1004
01:10:38,440 --> 01:10:39,440
 Commissioner Smith?

1005
01:10:39,440 --> 01:10:40,440
 Aye.

1006
01:10:40,440 --> 01:10:41,440
 Commissioner Beck?

1007
01:10:41,440 --> 01:10:42,440
 Aye.

1008
01:10:42,440 --> 01:10:43,440
 Commissioner Anderson?

1009
01:10:43,440 --> 01:10:44,440
 Aye.

1010
01:10:44,440 --> 01:10:45,440
 Commissioner Cole?

1011
01:10:45,440 --> 01:10:46,440
 Aye.

1012
01:10:46,440 --> 01:10:47,440
 Commissioner Pernetta?

1013
01:10:47,440 --> 01:10:48,440
 Aye.

1014
01:10:48,440 --> 01:10:49,440
 Chair, there's also an aye.

1015
01:10:49,440 --> 01:10:52,440
 Motion carries 7-0.

1016
01:10:52,440 --> 01:10:55,300
 The next items for business will begin our public hearing.

1017
01:10:55,300 --> 01:11:02,720
 The first one is 4AMP21-0007.

1018
01:11:02,720 --> 01:11:07,080
 I'll invite Haley Zygirsky for presentation and open the public hearing.

1019
01:11:07,080 --> 01:11:11,120
 Good evening.

1020
01:11:11,120 --> 01:11:24,080
 All right, the plot before you tonight is a residential replant for a single lot within

1021
01:11:24,080 --> 01:11:28,200
 the Lakeview Ranch subdivision.

1022
01:11:28,200 --> 01:11:38,020
 The property, as you can see here on the screen, is a lot 35, block 9.

1023
01:11:38,020 --> 01:11:41,920
 The purpose of the replant is relocating the building line, which you can see in this location

1024
01:11:41,920 --> 01:11:46,760
 that was originally plotted at 40 feet to a location that would be 20 feet off the property

1025
01:11:46,760 --> 01:11:49,800
 line, which is consistent with the current zoning.

1026
01:11:49,800 --> 01:11:54,040
 The previous 40-foot building line was a zoning requirement at the time of original plotting

1027
01:11:54,040 --> 01:12:01,080
 of the Lakeview Ranch addition, but since 2002 that zoning setback has been set to 20 feet.

1028
01:12:01,080 --> 01:12:05,560
 Because of the residential zoning designation for the property, the local government code

1029
01:12:05,560 --> 01:12:09,200
 offers two options for approval of those plots.

1030
01:12:09,200 --> 01:12:14,840
 The plot can either be approved and then notices could be sent to properties within a 200-foot

1031
01:12:14,840 --> 01:12:19,720
 radius after the approval, or a public hearing can be held with notification in advance of

1032
01:12:19,720 --> 01:12:21,320
 the hearing.

1033
01:12:21,320 --> 01:12:26,080
 Because of neighborhood concerns that we heard before this application was even made, staff

1034
01:12:26,080 --> 01:12:30,480
 did opt for the public hearing option for greater transparency and to give the neighbors

1035
01:12:30,480 --> 01:12:32,200
 a notice of what was happening.

1036
01:12:32,200 --> 01:12:36,880
 So, 10 notices were sent for this request and to date we have received no written responses

1037
01:12:36,880 --> 01:12:37,880
 to those.

1038
01:12:37,880 --> 01:12:42,240
 So, with that, I will pull down the presentation and I'm happy to answer any questions.

1039
01:12:42,240 --> 01:12:43,240
 Great.

1040
01:12:43,240 --> 01:12:50,240
 Do we have any questions for Haley?

1041
01:12:50,240 --> 01:12:55,600
 And just to verify from staff, is there any applicant presentations or callers for this

1042
01:12:55,600 --> 01:12:56,600
 item?

1043
01:12:56,600 --> 01:13:01,760
 I believe the applicant is on the line, but they do not have a separate presentation.

1044
01:13:01,760 --> 01:13:02,760
 Okay.

1045
01:13:02,760 --> 01:13:03,760
 Great.

1046
01:13:03,760 --> 01:13:09,720
 I'll go ahead and close the public hearing and ask commissioners for a motion and then

1047
01:13:09,720 --> 01:13:12,040
 discussion.

1048
01:13:12,040 --> 01:13:15,920
 Commissioner Anderson?

1049
01:13:15,920 --> 01:13:18,080
 I'll make a motion to approve.

1050
01:13:18,080 --> 01:13:21,760
 We have a first for approval and Commissioner Pernetta?

1051
01:13:21,760 --> 01:13:22,760
 Second.

1052
01:13:22,760 --> 01:13:25,400
 We have a first and a second for approval.

1053
01:13:25,400 --> 01:13:28,720
 Any discussion on this item?

1054
01:13:28,720 --> 01:13:35,400
 Okay, seeing none, I will call for a vote via roll call.

1055
01:13:35,400 --> 01:13:36,400
 Commissioner Ellis?

1056
01:13:36,400 --> 01:13:37,400
 Aye.

1057
01:13:37,400 --> 01:13:38,400
 Commissioner Smith?

1058
01:13:38,400 --> 01:13:39,400
 Aye.

1059
01:13:39,400 --> 01:13:40,400
 Commissioner Beck?

1060
01:13:40,400 --> 01:13:41,400
 Aye.

1061
01:13:41,400 --> 01:13:42,400
 Commissioner Anderson?

1062
01:13:42,400 --> 01:13:43,400
 Aye.

1063
01:13:43,400 --> 01:13:44,400
 Commissioner Cole?

1064
01:13:44,400 --> 01:13:45,400
 Aye.

1065
01:13:45,400 --> 01:13:46,400
 Commissioner Pernetta?

1066
01:13:46,400 --> 01:13:47,400
 Aye.

1067
01:13:47,400 --> 01:13:51,400
 Chair is also an aye.

1068
01:13:51,400 --> 01:13:54,400
 Motion carries 7-0.

1069
01:13:54,400 --> 01:13:56,320
 Thank you, Haley, for the presentation.

1070
01:13:56,320 --> 01:14:01,040
 The next item for business is item 4B, AESA 21-0001A.

1071
01:14:01,040 --> 01:14:09,640
 I'll invite Christy Upton for presentation and open the public hearing.

1072
01:14:09,640 --> 01:14:14,280
 Good evening.

1073
01:14:14,280 --> 01:14:24,160
 I'm Christy Upton and I will be presenting alternative ESA plan for an Exeter Martina

1074
01:14:24,160 --> 01:14:26,520
 property.

1075
01:14:26,520 --> 01:14:33,720
 This site is located at the Western Boulevard and Jim Crystal Road and it's 104 acres that

1076
01:14:33,720 --> 01:14:37,880
 will be developed into warehousing.

1077
01:14:37,880 --> 01:14:45,480
 There is a preliminary plat that was approved on January 6th and two project reviews under

1078
01:14:45,480 --> 01:14:49,200
 review right now.

1079
01:14:49,200 --> 01:14:55,800
 The request is temporarily disturbed, 0.4 acres of riparian buffer ESA.

1080
01:14:55,800 --> 01:15:03,160
 The riparian buffer was confirmed to exist on a tributary of Dry Fork of Hickory Creek

1081
01:15:03,160 --> 01:15:08,560
 along the southwest corner of the property.

1082
01:15:08,560 --> 01:15:16,600
 The riparian buffer is located on an ephemeral stream that was rated in fair condition and

1083
01:15:16,600 --> 01:15:22,840
 a remnant stream that is along that ephemeral stream and also in fair condition.

1084
01:15:22,840 --> 01:15:28,400
 There are two upstream systems traversing the property that had been previously channelized

1085
01:15:28,400 --> 01:15:34,200
 and does not support riparian vegetation.

1086
01:15:34,200 --> 01:15:44,120
 The area that the riparian buffers are located also is considered to be undeveloped floodplain.

1087
01:15:44,120 --> 01:15:51,020
 The disturbance is for the 0.4 acres of riparian buffer and that is to construct two stormwater

1088
01:15:51,020 --> 01:15:58,080
 outfall structures that will support the warehouse development.

1089
01:15:58,080 --> 01:16:04,760
 Just want to bring to your attention that the applicant is proposing 0.5 acres of disturbance

1090
01:16:04,760 --> 01:16:12,480
 of undeveloped floodplain which is permitted under the code for the placement of utilities

1091
01:16:12,480 --> 01:16:15,340
 in that undeveloped floodplain.

1092
01:16:15,340 --> 01:16:22,320
 The restoration activity will be to revegetate both the undeveloped floodplain and the riparian

1093
01:16:22,320 --> 01:16:32,920
 buffer areas with a mix of native seeds adapted to drain fields and a riparian mix that will

1094
01:16:32,920 --> 01:16:37,480
 promote the recovery of this riparian vegetation.

1095
01:16:37,480 --> 01:16:45,840
 Notifications were made and a neighborhood meeting was held on March 4th and one written

1096
01:16:45,840 --> 01:16:50,560
 response was received in favor of the project.

1097
01:16:50,560 --> 01:16:54,960
 The staff is recommending approval with the following conditions that first of all the

1098
01:16:54,960 --> 01:17:01,840
 land disturbance be limited to the areas described in the plan and then within 14 days of construction

1099
01:17:01,840 --> 01:17:07,560
 of the infrastructure that the vegetation be applied as described in the plan and number

1100
01:17:07,560 --> 01:17:14,660
 3 and number 4 staff is recommending for the insurance of that vegetation to get a chance

1101
01:17:14,660 --> 01:17:17,560
 to get established.

1102
01:17:17,560 --> 01:17:19,120
 With that.

1103
01:17:19,120 --> 01:17:25,180
 Great, thank you for the presentation Kristi.

1104
01:17:25,180 --> 01:17:28,560
 Is there any questions for Kristi?

1105
01:17:28,560 --> 01:17:34,880
 Okay, and just to verify staff is, Commissioner Beck do you have a question?

1106
01:17:34,880 --> 01:17:35,880
 Okay.

1107
01:17:35,880 --> 01:17:42,000
 Just to verify staff is do you know if the applicant is has a presentation or is available?

1108
01:17:42,000 --> 01:17:49,920
 They have not shared that they had a presentation to make but I do believe that they are on

1109
01:17:49,920 --> 01:17:52,840
 the line if there's any questions for the applicant tonight.

1110
01:17:52,840 --> 01:17:57,240
 Great, is there any public comment for this?

1111
01:17:57,240 --> 01:18:00,160
 Is there any questions for the applicant before I close the public hearing?

1112
01:18:00,160 --> 01:18:05,280
 Okay, I'm going to go ahead and close the public hearing and ask for a motion and then

1113
01:18:05,280 --> 01:18:06,280
 we can go to discussion.

1114
01:18:06,280 --> 01:18:07,280
 Commissioner Beck.

1115
01:18:07,280 --> 01:18:13,080
 Yeah, I before I make my motion I just want to say what I said in work session that I

1116
01:18:13,080 --> 01:18:19,840
 think the staff and the engineers did a lot of work and I think that shows and it's a

1117
01:18:19,840 --> 01:18:25,300
 lot of work on an actually relatively small piece of property but I appreciate their diligence

1118
01:18:25,300 --> 01:18:31,860
 trying to sustain green space in Denton, that's awesome.

1119
01:18:31,860 --> 01:18:37,800
 So with that I'd like to make a motion to approve with staff conditions.

1120
01:18:37,800 --> 01:18:38,800
 Yeah.

1121
01:18:38,800 --> 01:18:43,720
 Okay, we have a first for approval, Commissioner Cole.

1122
01:18:43,720 --> 01:18:44,720
 Second.

1123
01:18:44,720 --> 01:18:53,640
 We have a first and a second for approval with conditions, any discussion?

1124
01:18:53,640 --> 01:18:54,640
 Seeing none.

1125
01:18:54,640 --> 01:18:56,760
 Call for a vote via roll call.

1126
01:18:56,760 --> 01:18:57,760
 Commissioner Ellis.

1127
01:18:57,760 --> 01:18:58,760
 Aye.

1128
01:18:58,760 --> 01:18:59,760
 Commissioner Smith.

1129
01:18:59,760 --> 01:19:00,760
 Aye.

1130
01:19:00,760 --> 01:19:01,760
 Commissioner Beck.

1131
01:19:01,760 --> 01:19:02,760
 Aye.

1132
01:19:02,760 --> 01:19:03,760
 Commissioner Anderson.

1133
01:19:03,760 --> 01:19:04,760
 Aye.

1134
01:19:04,760 --> 01:19:05,760
 Commissioner Cole.

1135
01:19:05,760 --> 01:19:06,760
 Aye.

1136
01:19:06,760 --> 01:19:07,760
 Commissioner Pernetta.

1137
01:19:07,760 --> 01:19:08,760
 Aye.

1138
01:19:08,760 --> 01:19:13,800
 Chair is also an aye, motion carries 7-0.

1139
01:19:13,800 --> 01:19:23,840
 That brings us to our next item for business which is item 4CZ20-0006A, this is Julie Wyatt's

1140
01:19:23,840 --> 01:19:27,880
 item and I will open the public session, public hearing.

1141
01:19:27,880 --> 01:19:36,960
 Good evening, let me pull up my presentation.

1142
01:19:36,960 --> 01:19:46,760
 Okay, this is Z20-0006A, BCCC.

1143
01:19:46,760 --> 01:19:52,640
 The request before you is to consider rezoning from light industrial district to heavy industrial

1144
01:19:52,640 --> 01:19:53,880
 district.

1145
01:19:53,880 --> 01:19:56,560
 The subject property is outlined there in yellow.

1146
01:19:56,560 --> 01:20:01,880
 It is on the west side of the I-35W service road and south of airport road.

1147
01:20:01,880 --> 01:20:05,760
 It has an irregular property boundary.

1148
01:20:05,760 --> 01:20:11,880
 Currently the site is being used for parking, but the applicant is requesting the zoning

1149
01:20:11,880 --> 01:20:17,400
 change to facilitate the redevelopment of the site for a high impact manufacturing uses

1150
01:20:17,400 --> 01:20:21,640
 for a concrete crushing facility.

1151
01:20:21,640 --> 01:20:25,120
 That use would also require approval of a specific use permit.

1152
01:20:25,120 --> 01:20:30,760
 So if the zoning change is approved, then you would see that specific use permit coming

1153
01:20:30,760 --> 01:20:33,760
 forward.

1154
01:20:33,760 --> 01:20:37,340
 Briefly I just want to compare the current zoning map with the proposed.

1155
01:20:37,340 --> 01:20:43,100
 So as you can see, the current zoning map shows the subject property with the LI zoning

1156
01:20:43,100 --> 01:20:46,640
 which is consistent with the adjacent properties.

1157
01:20:46,640 --> 01:20:53,120
 I've put a line here that runs north south parallel to that I-35 corridor and that really

1158
01:20:53,120 --> 01:21:01,680
 shows where that line of demarcation between HI district and LI district.

1159
01:21:01,680 --> 01:21:10,520
 Except for one area to the south, that area transitioned from ICG district which was under

1160
01:21:10,520 --> 01:21:13,400
 our 2002 Denton Development Code.

1161
01:21:13,400 --> 01:21:19,200
 That site was approved for a light manufacturing distribution and office use, but I just wanted

1162
01:21:19,200 --> 01:21:23,040
 to note all of those uses are actually permitted in LI district.

1163
01:21:23,040 --> 01:21:30,000
 So generally you can see that HI district is set back from that highway corridor.

1164
01:21:30,000 --> 01:21:39,680
 If approved, that HI district would expand the HI toward that I-35 corridor introducing

1165
01:21:39,680 --> 01:21:43,240
 kind of a new zoning pattern within this area.

1166
01:21:43,240 --> 01:21:48,140
 So the criteria for approval are in subchapter two of the Denton Development Code.

1167
01:21:48,140 --> 01:21:49,480
 First we look at Denton Plan 2030.

1168
01:21:49,480 --> 01:21:56,600
 I want to take a moment to talk about the future land use designation and then future

1169
01:21:56,600 --> 01:21:58,440
 land use designations in general.

1170
01:21:58,440 --> 01:22:04,360
 So in this instance, it is considered industrial commerce, it is that dark purple area.

1171
01:22:04,360 --> 01:22:10,600
 And this is intended for both light and heavy industrial uses, but future development should

1172
01:22:10,600 --> 01:22:18,420
 be sensitive to avoid sensitive land uses and also to ensure appropriate transitions.

1173
01:22:18,420 --> 01:22:22,520
 And the way I like to look at the future land use designation is it is an umbrella.

1174
01:22:22,520 --> 01:22:25,280
 It is that policy directive umbrella.

1175
01:22:25,280 --> 01:22:27,960
 Several zoning districts could fit underneath that umbrella.

1176
01:22:27,960 --> 01:22:35,160
 And that's where we talk about things like context, those areas of access, adjacent uses,

1177
01:22:35,160 --> 01:22:38,200
 physical characteristics and other items.

1178
01:22:38,200 --> 01:22:45,400
 So that's where we look at what specific zoning district would fit underneath that umbrella.

1179
01:22:45,400 --> 01:22:49,640
 So more specifically related to the site, I wanted to show what that zoning pattern

1180
01:22:49,640 --> 01:22:54,460
 looks like within that overall industrial commerce, future land use designation.

1181
01:22:54,460 --> 01:23:02,100
 So typically industrial commerce, it supports HI and LI districts.

1182
01:23:02,100 --> 01:23:07,320
 But then when you look at that more fine grain detail, those sites that are highly visible,

1183
01:23:07,320 --> 01:23:12,680
 maybe they're surrounded by lower impact development, ILY district would be more appropriate in

1184
01:23:12,680 --> 01:23:14,360
 that context.

1185
01:23:14,360 --> 01:23:21,160
 It would encourage still industrial uses like warehousing, distribution and light manufacturing.

1186
01:23:21,160 --> 01:23:28,160
 But it doesn't have the intensity of the uses that HI does.

1187
01:23:28,160 --> 01:23:33,400
 Areas that are buffered from those less intense uses and they're set back off of primary roadways,

1188
01:23:33,400 --> 01:23:38,280
 those are more appropriate for that HI district and that's where you see that demarcation

1189
01:23:38,280 --> 01:23:39,280
 come in.

1190
01:23:39,280 --> 01:23:46,720
 You've got that dark purple, that's that HI, it's set off from 380 and I-35 and really

1191
01:23:46,720 --> 01:23:50,040
 has that LI buffer between those areas.

1192
01:23:50,040 --> 01:23:55,440
 It is staff's analysis that HI district does not meet the intent of the future land use

1193
01:23:55,440 --> 01:24:02,200
 designations criterion to avoid sensitive land uses and ensure appropriate transitions.

1194
01:24:02,200 --> 01:24:07,400
 And it really is given that visibility to the I-35 corridor, the proximity to adjacent

1195
01:24:07,400 --> 01:24:13,800
 uses like the University of North Texas athletic facilities across the highway and also those

1196
01:24:13,800 --> 01:24:21,520
 surrounding land uses, those light industrial uses adjacent to the subject property.

1197
01:24:21,520 --> 01:24:27,120
 And we really feel that that existing zoning of LI district permits, still permits those

1198
01:24:27,120 --> 01:24:32,520
 industrial uses, those types of uses that we want to see in industrial commerce.

1199
01:24:32,520 --> 01:24:36,160
 But it just ensures that compatibility in terms of those uses.

1200
01:24:36,160 --> 01:24:40,000
 So we really, we're relying on the wisdom of that existing zoning.

1201
01:24:40,000 --> 01:24:46,480
 Now I want to talk about adverse impacts or impacts to the surrounding property.

1202
01:24:46,480 --> 01:24:51,560
 One criterion for approval is that those, a rezoning should minimize those adverse impacts

1203
01:24:51,560 --> 01:24:55,340
 and I know there's a lot of words on this slide so I'll try to break it down in terms

1204
01:24:55,340 --> 01:25:03,040
 of first, historically how this area has evolved and then we'll get to the subject request.

1205
01:25:03,040 --> 01:25:10,080
 So I misspoke in the work session, the I-35W corridor was actually constructed prior to

1206
01:25:10,080 --> 01:25:11,080
 1972.

1207
01:25:11,080 --> 01:25:15,200
 I don't know the exact date, but it was prior to 1972.

1208
01:25:15,200 --> 01:25:19,380
 And with the advent of that road, this area started to develop with warehouse and light

1209
01:25:19,380 --> 01:25:22,380
 industrial facilities.

1210
01:25:22,380 --> 01:25:28,280
 In recent years, UNT has relocated their athletic facilities near this subject property south

1211
01:25:28,280 --> 01:25:30,060
 of the campus area.

1212
01:25:30,060 --> 01:25:35,480
 And there have been other developments, distribution centers along Airport Road and other commercial

1213
01:25:35,480 --> 01:25:38,280
 developments along the 35.

1214
01:25:38,280 --> 01:25:43,060
 So it really has kind of shifted the character of the area from this industrial periphery

1215
01:25:43,060 --> 01:25:48,280
 from the 1970s when it was kind of out on the edge of Denton.

1216
01:25:48,280 --> 01:25:51,320
 And now it's kind of this mixed use distribution hub.

1217
01:25:51,320 --> 01:25:54,960
 It's got that industrial uses, but it has a mix of uses.

1218
01:25:54,960 --> 01:25:59,340
 As this area continues to develop, we anticipate it will develop consistent with that existing

1219
01:25:59,340 --> 01:26:02,320
 zoning and use pattern.

1220
01:26:02,320 --> 01:26:07,640
 With those light industrial and distribution uses along that I-35 corridor and those heavier

1221
01:26:07,640 --> 01:26:17,360
 industrial uses toward the west, HI does permit uses, higher impact uses, which could affect

1222
01:26:17,360 --> 01:26:19,920
 adjacent properties.

1223
01:26:19,920 --> 01:26:26,320
 And given how this area has evolved, the existing zoning pattern, that adjacency to that primary

1224
01:26:26,320 --> 01:26:32,640
 corridor within the city, that indicates that HI is just not appropriate in this area.

1225
01:26:32,640 --> 01:26:37,040
 There could be negative impacts created with some of those more intense uses in HI.

1226
01:26:37,040 --> 01:26:42,000
 And so once again, therefore, that existing LI district really is appropriate in this

1227
01:26:42,000 --> 01:26:45,360
 area.

1228
01:26:45,360 --> 01:26:49,720
 Have there been any significant changes in the area to warrant the zoning change?

1229
01:26:49,720 --> 01:26:54,820
 There haven't been any significant changes to warrant a zoning change to a heavier industrial

1230
01:26:54,820 --> 01:26:57,480
 zoning designation.

1231
01:26:57,480 --> 01:26:59,800
 And once again, that development has been incremental.

1232
01:26:59,800 --> 01:27:05,920
 You can see that kind of the way the area has developed from 1972 to today.

1233
01:27:05,920 --> 01:27:13,920
 And it is consistent with that existing LI district.

1234
01:27:13,920 --> 01:27:17,360
 Public facilities, there is adequate access to the I-35 corridor.

1235
01:27:17,360 --> 01:27:25,240
 The applicant did provide trip generation, and based upon their other sites, and they

1236
01:27:25,240 --> 01:27:30,360
 anticipate that this site would generate about 1,700 loads of materials per week.

1237
01:27:30,360 --> 01:27:34,640
 And they would be able to connect to existing water and sewer facilities.

1238
01:27:34,640 --> 01:27:39,600
 We do have some site photos just kind of showing the general area.

1239
01:27:39,600 --> 01:27:46,600
 The site, the photo to the north is looking west from the travel lanes of I-35W.

1240
01:27:46,600 --> 01:27:56,000
 The photo to the south is looking southwest toward the site in those adjacent uses.

1241
01:27:56,000 --> 01:28:01,960
 This next photo is looking across the highway from the travel lanes of I-35W.

1242
01:28:01,960 --> 01:28:08,760
 And then this final photo is just showing the adjacent development to the south of the

1243
01:28:08,760 --> 01:28:09,760
 subject property.

1244
01:28:09,760 --> 01:28:13,680
 So this is looking northwest.

1245
01:28:13,680 --> 01:28:17,120
 I do want to make one correction.

1246
01:28:17,120 --> 01:28:25,960
 I heard from our GIS department after work session, and given the opposition letters,

1247
01:28:25,960 --> 01:28:33,040
 the written opposition that staff has received, we have received 48% opposition to the request.

1248
01:28:33,040 --> 01:28:38,400
 So it will require a supermajority at council to approve the request.

1249
01:28:38,400 --> 01:28:43,880
 So based upon the criteria for approval, staff does recommend denial of the request.

1250
01:28:43,880 --> 01:28:47,560
 I'll be happy to answer any questions, and the applicant is here with the presentation

1251
01:28:47,560 --> 01:28:48,560
 as well.

1252
01:28:48,560 --> 01:28:49,560
 Great.

1253
01:28:49,560 --> 01:28:50,840
 Thanks, Julie.

1254
01:28:50,840 --> 01:28:52,880
 Any questions for Julie?

1255
01:28:52,880 --> 01:28:55,240
 Okay.

1256
01:28:55,240 --> 01:29:01,000
 Then I think at this time, we can go ahead and listen to the applicant's presentation.

1257
01:29:01,000 --> 01:29:05,240
 Good evening, Commission.

1258
01:29:05,240 --> 01:29:06,320
 This is Amy Bissett.

1259
01:29:06,320 --> 01:29:07,320
 Can you hear me?

1260
01:29:07,320 --> 01:29:08,320
 We can.

1261
01:29:08,320 --> 01:29:09,320
 All right.

1262
01:29:09,320 --> 01:29:15,240
 Amy Bissett, 100 West Oak Street, Denton, Texas, 76201.

1263
01:29:15,240 --> 01:29:20,960
 I appreciate the opportunity to talk with you about this project tonight.

1264
01:29:20,960 --> 01:29:24,160
 I want to say, first of all, that I'm going to speak for a few minutes, and then I'm going

1265
01:29:24,160 --> 01:29:29,200
 to turn it over to a representative from Big City Crush Concrete.

1266
01:29:29,200 --> 01:29:34,520
 But as Julie pulls up the presentation, I want to start by just acknowledging that this

1267
01:29:34,520 --> 01:29:40,840
 is a tough one for me, because I really don't like bringing a project to the Planning and

1268
01:29:40,840 --> 01:29:46,040
 Zoning Commission with a recommendation of denial from staff.

1269
01:29:46,040 --> 01:29:51,300
 Our application was submitted close to a year ago now, and we have worked diligently to

1270
01:29:51,300 --> 01:29:57,600
 try to arrive at a place with the staff that they would feel comfortable recommending approval,

1271
01:29:57,600 --> 01:30:01,760
 and Julie and Richard have both been very helpful through that process.

1272
01:30:01,760 --> 01:30:05,720
 But as you know, obviously, they're recommending denial.

1273
01:30:05,720 --> 01:30:12,600
 I took this case because I believe that there is clear policy direction from the city council

1274
01:30:12,600 --> 01:30:19,120
 that this is a vital use that is necessary for the city of Denton, as well as its citizens.

1275
01:30:19,120 --> 01:30:26,920
 And I believed that the specific use permit process would allow us the opportunity to

1276
01:30:26,920 --> 01:30:32,080
 address and mitigate for any nuisance issues or adverse impacts.

1277
01:30:32,080 --> 01:30:40,160
 Additionally, my client, Big City Crush Concrete, bought this property in response to the same

1278
01:30:40,160 --> 01:30:44,960
 perceived policy direction from city council, which I will briefly touch on just so that

1279
01:30:44,960 --> 01:30:48,280
 you have the background of how this project came about.

1280
01:30:48,280 --> 01:30:56,760
 But before I move on and dive in, I want to ask you to think about the question, if not

1281
01:30:56,760 --> 01:30:59,360
 here, then where?

1282
01:30:59,360 --> 01:31:05,000
 And the reason that I ask you to think about that question is because if your recommendation

1283
01:31:05,000 --> 01:31:11,120
 is denial, it would be much appreciated from the commission to receive some direction about

1284
01:31:11,120 --> 01:31:13,140
 where you think the use would be appropriate.

1285
01:31:13,140 --> 01:31:16,920
 Julie, would you go to slide two, please?

1286
01:31:16,920 --> 01:31:19,220
 I want to introduce you to our client.

1287
01:31:19,220 --> 01:31:24,200
 Big City Crush Concrete is a family-owned and operated business that has been around

1288
01:31:24,200 --> 01:31:25,200
 for 30 years.

1289
01:31:25,200 --> 01:31:30,400
 They have multiple locations in DFW and around Texas.

1290
01:31:30,400 --> 01:31:34,320
 They have been a preferred contractor for the city of Denton's recycling program for

1291
01:31:34,320 --> 01:31:37,040
 the last 10 years, since 2010.

1292
01:31:37,040 --> 01:31:41,960
 They've been an essential part of the city's building material recovery program.

1293
01:31:41,960 --> 01:31:47,400
 And they have been an essential component to the street reconstruction projects that

1294
01:31:47,400 --> 01:31:55,380
 are taking place all over the city today, as you know, in a very aggressive manner to

1295
01:31:55,380 --> 01:31:57,640
 improve the street conditions in Denton.

1296
01:31:57,640 --> 01:32:04,160
 They actually operated this exact type of concrete crushing or recycling facility on

1297
01:32:04,160 --> 01:32:09,800
 the city of Denton landfill property from 2010 to 2019.

1298
01:32:09,800 --> 01:32:13,400
 There's an error in the slide, it actually was discontinued in 2019.

1299
01:32:13,400 --> 01:32:22,440
 In 2018, the city council commissioned a study by Blue Ridge Solutions to take a comprehensive

1300
01:32:22,440 --> 01:32:28,920
 look at the solid waste programs that were being offered by the city of Denton.

1301
01:32:28,920 --> 01:32:33,640
 And the concrete recycling was a component of those programs that were being offered

1302
01:32:33,640 --> 01:32:35,900
 on site on the landfill.

1303
01:32:35,900 --> 01:32:41,440
 One of the recommendations that came out of that study was that they believed that the

1304
01:32:41,440 --> 01:32:47,760
 service was essential to the city and the citizens, but that it could be handled by

1305
01:32:47,760 --> 01:32:54,320
 the market and by private entities and that it was not necessary for the landfill to subsidize

1306
01:32:54,320 --> 01:32:56,280
 the cost of those operations.

1307
01:32:56,280 --> 01:33:05,480
 And so in response to that, BCCC decommissioned their landfill operation and purchased the

1308
01:33:05,480 --> 01:33:09,080
 site that you're contemplating today.

1309
01:33:09,080 --> 01:33:12,600
 I want to talk to you for a moment about, you know, what is this operation?

1310
01:33:12,600 --> 01:33:13,600
 What does it do?

1311
01:33:13,600 --> 01:33:17,920
 The slide that you're looking at, hopefully, which is slide two, shows a panoramic view

1312
01:33:17,920 --> 01:33:21,880
 of their Lewisville plant that is in operation today.

1313
01:33:21,880 --> 01:33:29,080
 It's a very flat site, you really don't see a lot of visually intrusive structures or

1314
01:33:29,080 --> 01:33:34,440
 stockpiles on site, but basically, you know, just to talk through what this would look

1315
01:33:34,440 --> 01:33:40,800
 like in the city of Denton, the city of Denton Street construction crew would go out and

1316
01:33:40,800 --> 01:33:44,820
 rip all the concrete out of Hickory Street as they're currently doing right now in that

1317
01:33:44,820 --> 01:33:46,760
 reconstruction process.

1318
01:33:46,760 --> 01:33:54,160
 They would take it to the big city plant where that old concrete that's been pulled out of

1319
01:33:54,160 --> 01:34:02,000
 road would be crushed and recycled into road base that then the street crew would pick

1320
01:34:02,000 --> 01:34:07,680
 up and use to create the new Hickory Street.

1321
01:34:07,680 --> 01:34:17,180
 It is truly a recycling operation that is intended to prevent the disposal of concrete

1322
01:34:17,180 --> 01:34:21,320
 in the city of Denton landfill.

1323
01:34:21,320 --> 01:34:22,320
 Why does that matter?

1324
01:34:22,320 --> 01:34:24,120
 Julie, if you'll go to slide three, please.

1325
01:34:24,120 --> 01:34:30,120
 I just want to talk a little bit briefly about concrete waste as a whole in the solid waste

1326
01:34:30,120 --> 01:34:36,140
 industry, according to the construction and demolition recycling association, construction

1327
01:34:36,140 --> 01:34:42,680
 and demolition waste makes up 25% of all solid waste generated nationally and concrete makes

1328
01:34:42,680 --> 01:34:45,080
 up 75% of that waste.

1329
01:34:45,080 --> 01:34:50,200
 The city of Denton solid waste department recognized years ago that this was an important

1330
01:34:50,200 --> 01:34:55,600
 part of landfill diversion and have for many years been an international leader in recycling

1331
01:34:55,600 --> 01:35:02,360
 and landfill diversion and so they implemented that program as a part of their landfill services

1332
01:35:02,360 --> 01:35:03,360
 at that time.

1333
01:35:03,360 --> 01:35:08,400
 Furthermore, it aligns with the city streets department program for street maintenance

1334
01:35:08,400 --> 01:35:13,160
 and reconstruction and the city's environmental services program.

1335
01:35:13,160 --> 01:35:20,400
 The use of road base made by big city is an important component in qualifying for lead

1336
01:35:20,400 --> 01:35:22,480
 certified building programs.

1337
01:35:22,480 --> 01:35:27,840
 Furthermore, this particular type of operation does align with the city council's priorities

1338
01:35:27,840 --> 01:35:33,400
 that were adopted on February 23rd of this year, one of which is to develop a comprehensive

1339
01:35:33,400 --> 01:35:39,440
 solid waste management strategy and the last bullet point of slide three to create a robust

1340
01:35:39,440 --> 01:35:44,920
 construction building and operational environment that support solid waste reduction goals.

1341
01:35:44,920 --> 01:35:50,360
 There is no bigger impact to reduction of construction waste than concrete recycling.

1342
01:35:50,360 --> 01:35:55,400
 Julie, will you go to slide four, please?

1343
01:35:55,400 --> 01:35:57,440
 She's reviewed your zoning request.

1344
01:35:57,440 --> 01:36:00,440
 Our zoning request, I'm not going to review it again.

1345
01:36:00,440 --> 01:36:05,240
 However, I do want to speak to a couple of specific concerns that we have heard through

1346
01:36:05,240 --> 01:36:09,440
 the review process with the city over the last 10 or 11 months.

1347
01:36:09,440 --> 01:36:15,080
 The first one being the encroachment of HI zoning towards 35W.

1348
01:36:15,080 --> 01:36:21,560
 I think that we would all say that we agree completely that has the potential for setting

1349
01:36:21,560 --> 01:36:30,760
 a precedent for surrounding land uses to request the same encroachment of HI zoning and I'll

1350
01:36:30,760 --> 01:36:33,240
 go into that a little bit further in a moment.

1351
01:36:33,240 --> 01:36:37,800
 We've heard concerns from the city about noise nuisances and also how it would affect the

1352
01:36:37,800 --> 01:36:42,360
 long term view corridor of I-35.

1353
01:36:42,360 --> 01:36:45,240
 Slide five, please.

1354
01:36:45,240 --> 01:36:50,240
 Hopefully you're looking at our latest version of our concept plan right now.

1355
01:36:50,240 --> 01:36:52,520
 I want to point out a couple of things.

1356
01:36:52,520 --> 01:37:00,120
 In our last submission, we located the crushing operation entirely on the parcel that is HI

1357
01:37:00,120 --> 01:37:01,480
 zoning today.

1358
01:37:01,480 --> 01:37:07,800
 The crushing operation is highlighted in green on the concept plan and is contained entirely

1359
01:37:07,800 --> 01:37:10,800
 within the HI zoning designation.

1360
01:37:10,800 --> 01:37:15,000
 The pinkish purple area that surrounds that, which is the property that is considered for

1361
01:37:15,000 --> 01:37:25,040
 rezoning today, would essentially be the operating yard for truck maneuvering and parking and

1362
01:37:25,040 --> 01:37:28,480
 the operation itself would be entirely contained on HI.

1363
01:37:28,480 --> 01:37:32,840
 We did have discussions with the city about the possibility of not rezoning this property

1364
01:37:32,840 --> 01:37:40,840
 from LI to HI and only requesting the SUP on HI on the parcel that's already HI today

1365
01:37:40,840 --> 01:37:46,400
 and we also had discussions with the city about creating a PD on this whole site in

1366
01:37:46,400 --> 01:37:52,760
 order to ensure that we didn't establish a pattern of HI encroachment towards I-35W.

1367
01:37:52,760 --> 01:37:58,320
 I also want to point out here that the crusher itself, which is highlighted in green on the

1368
01:37:58,320 --> 01:38:03,640
 concept plan, is 1,267 feet from the right of way.

1369
01:38:03,640 --> 01:38:11,720
 Julie, slide 60, also in an effort to work with the city on trying to get a specific

1370
01:38:11,720 --> 01:38:19,000
 use permit that was supportable, conducted extensive decibel testing at both the landfill

1371
01:38:19,000 --> 01:38:23,880
 site while it was still in operation, the concrete crusher that was out there, and then

1372
01:38:23,880 --> 01:38:27,120
 the new site on I-35W.

1373
01:38:27,120 --> 01:38:32,600
 If you look on the left side of your screen, we took decibel testing at multiple places

1374
01:38:32,600 --> 01:38:39,240
 around the crushing plant and the two closest sites at 190 feet and 285 feet, ranged in

1375
01:38:39,240 --> 01:38:43,240
 decibel levels from 65 to 67.3.

1376
01:38:43,240 --> 01:38:49,360
 On the right-hand side, we did decibel testing at the I-35 site today in its current condition

1377
01:38:49,360 --> 01:38:56,300
 with no crushing operation and the frontage road, the two sites along the frontage road

1378
01:38:56,300 --> 01:39:00,480
 tested at 67.6 to 70.3 decibels.

1379
01:39:00,480 --> 01:39:05,280
 Bottom line is the highway's noise is louder than the equipment would be.

1380
01:39:05,280 --> 01:39:07,360
 Slide seven, please, Julie.

1381
01:39:07,360 --> 01:39:12,040
 We also commissioned 3D renderings to scale to try to demonstrate what it would actually

1382
01:39:12,040 --> 01:39:14,960
 look from the I-35 corridor.

1383
01:39:14,960 --> 01:39:18,760
 This first one is a bird's-eye view, so this is not if you were actually driving along

1384
01:39:18,760 --> 01:39:23,000
 on 35W, but this is to provide some perspective here.

1385
01:39:23,000 --> 01:39:28,480
 The stockpiles would be the highest point, the tallest point on the project, and they

1386
01:39:28,480 --> 01:39:31,480
 would be kept at 45 feet tall.

1387
01:39:31,480 --> 01:39:36,600
 This also gives you the perspective of the distance from the right-of-way in terms of

1388
01:39:36,600 --> 01:39:37,600
 what you would see.

1389
01:39:37,600 --> 01:39:45,720
 Then last slide, Julie, please, this is the actual view from 35W where you could see some

1390
01:39:45,720 --> 01:39:51,240
 rock piles in the distance, but the primary visual impact here would be mostly trees and

1391
01:39:51,240 --> 01:39:53,360
 a screening fence.

1392
01:39:53,360 --> 01:39:57,920
 With that, I would like to introduce Trey Brown with Big City Crush Concrete to speak

1393
01:39:57,920 --> 01:40:06,200
 and provide a little more perspective on their relationship with the city and their intention

1394
01:40:06,200 --> 01:40:07,200
 going forward.

1395
01:40:07,200 --> 01:40:11,760
 Trey, if you'll hit star six, you'll unmute yourself.

1396
01:40:11,760 --> 01:40:16,960
 And just to check in, we're at 11 minutes, and so there's nine more minutes on the clock

1397
01:40:16,960 --> 01:40:18,360
 for this presentation.

1398
01:40:18,360 --> 01:40:21,760
 Thank you, Mr. Chairman, commissioners.

1399
01:40:21,760 --> 01:40:23,220
 Thanks for your attention to our case.

1400
01:40:23,220 --> 01:40:30,360
 I'm Trey Brown, an owner of Big City Crush Concrete, 11143 Goodnight Lane, Dallas 75229.

1401
01:40:30,360 --> 01:40:33,520
 Big City Crush Concrete is a family-owned and operated recycling company.

1402
01:40:33,520 --> 01:40:35,840
 We only recycle concrete.

1403
01:40:35,840 --> 01:40:38,080
 Why is a concrete recycling business necessary?

1404
01:40:38,080 --> 01:40:41,960
 Because concrete is generated in Denton by public works projects, infrastructure improvement

1405
01:40:41,960 --> 01:40:44,440
 projects, private revitalization.

1406
01:40:44,440 --> 01:40:46,400
 Concrete is removed every day in the city.

1407
01:40:46,400 --> 01:40:47,640
 Where does it go?

1408
01:40:47,640 --> 01:40:50,720
 It must go to a landfill to be dumped and buried at a substantial fee.

1409
01:40:50,720 --> 01:40:54,200
 It's often illegally dumped, creating future environmental issues.

1410
01:40:54,200 --> 01:40:58,440
 Or it can be delivered to an easily accessible municipal recycling facility for processing.

1411
01:40:58,440 --> 01:41:02,920
 Contractor cities and the public are encouraged to properly dispose at the nearby recycling

1412
01:41:02,920 --> 01:41:06,880
 facility at no cost, and therefore all illegal dumping is eliminated.

1413
01:41:06,880 --> 01:41:09,920
 Restated, disposal is free.

1414
01:41:09,920 --> 01:41:11,960
 What we do is make big rocks into small rocks.

1415
01:41:11,960 --> 01:41:15,520
 The process is highly regulated by the Texas Commission on Environmental Quality.

1416
01:41:15,520 --> 01:41:19,720
 This is the agency that established the criteria and provides the enforcement for our health

1417
01:41:19,720 --> 01:41:20,720
 and welfare.

1418
01:41:20,720 --> 01:41:24,520
 They will only consider compliant operators such as us to be located appropriately and

1419
01:41:24,520 --> 01:41:26,960
 safely at sites such as this.

1420
01:41:26,960 --> 01:41:32,800
 We meet 100% of the state's criteria relating to setback distances, air modeling, emissions,

1421
01:41:32,800 --> 01:41:36,960
 and taking into consideration the adjacent businesses and topographical items, this site

1422
01:41:36,960 --> 01:41:39,480
 is qualified and appropriate.

1423
01:41:39,480 --> 01:41:41,600
 Why then this site and why now?

1424
01:41:41,600 --> 01:41:45,240
 We operated at the outstanding city recycling facility for the benefit of the city of our

1425
01:41:45,240 --> 01:41:49,400
 own of Denton from 2010 to 2019.

1426
01:41:49,400 --> 01:41:53,180
 Denton had a flagship operation, but the city's focus changed and most recycling operations

1427
01:41:53,180 --> 01:41:54,560
 ceased.

1428
01:41:54,560 --> 01:41:57,600
 Denton hired the best consultants to examine what the future might look like and devise

1429
01:41:57,600 --> 01:41:58,760
 a plan.

1430
01:41:58,760 --> 01:42:02,560
 Blue Ridge consultants told your city management that concrete recycling would be solved in

1431
01:42:02,560 --> 01:42:03,560
 the public sector.

1432
01:42:03,560 --> 01:42:10,240
 Big City attempted a lease with the city at the landfill, but that lost traction.

1433
01:42:10,240 --> 01:42:11,800
 Denton is a demanding city.

1434
01:42:11,800 --> 01:42:13,360
 We are a compliant operator.

1435
01:42:13,360 --> 01:42:17,560
 The city has set high standards and with this site plan, we will achieve these standards.

1436
01:42:17,560 --> 01:42:22,000
 Remember, we operated for the city in the city at the landfill with access being off

1437
01:42:22,000 --> 01:42:25,920
 of the unimproved Mayfield road entrance to the landfill and no one knew we were there

1438
01:42:25,920 --> 01:42:27,640
 for over eight years.

1439
01:42:27,640 --> 01:42:30,960
 We listened to what your consultant said and we were already moving forward.

1440
01:42:30,960 --> 01:42:33,800
 We found two tracks, including the razor tracks.

1441
01:42:33,800 --> 01:42:37,720
 These offered an oversized facility with a portion already zoned HI.

1442
01:42:37,720 --> 01:42:43,320
 The adjacent businesses include two concrete batch plants, manufacturing, industrial warehousing

1443
01:42:43,320 --> 01:42:45,560
 and transportation related manufacturing.

1444
01:42:45,560 --> 01:42:48,800
 Please note the land for operations is already zoned HI.

1445
01:42:48,800 --> 01:42:52,980
 We're only asking to grant access to the service road.

1446
01:42:52,980 --> 01:42:57,000
 Access is directly off 535 service road so that no neighborhoods or other city streets

1447
01:42:57,000 --> 01:42:58,120
 are utilized.

1448
01:42:58,120 --> 01:43:02,600
 The tracks are hidden behind existing warehouses and take advantage of the falling elevation

1449
01:43:02,600 --> 01:43:09,720
 down to our other neighbors, which are floodplain, agriculture and pasture grazing of cattle.

1450
01:43:09,720 --> 01:43:14,040
 Most importantly, the site meets the stringent TCEQ standards with no affected residences,

1451
01:43:14,040 --> 01:43:17,080
 churches or schools within range of this site.

1452
01:43:17,080 --> 01:43:21,160
 This location offers the city and all of its current and future projects to recycle the

1453
01:43:21,160 --> 01:43:27,360
 pavements generated in the city by the city and for the city right here in the city.

1454
01:43:27,360 --> 01:43:29,040
 You ask what happens to the rock?

1455
01:43:29,040 --> 01:43:34,000
 It goes right back into our city for new roads and projects at a hugely reduced cost.

1456
01:43:34,000 --> 01:43:37,760
 We assist in promoting infrastructure improvements.

1457
01:43:37,760 --> 01:43:41,640
 This site caters to Denton's needs, we are not here to satisfy Lewisville or Fort Worth

1458
01:43:41,640 --> 01:43:42,680
 or Dallas.

1459
01:43:42,680 --> 01:43:47,120
 They already have concrete recycling facilities owned and operated by big city crushed concrete.

1460
01:43:47,120 --> 01:43:51,240
 The waste material concrete is converted and used right back in your neighborhoods at a

1461
01:43:51,240 --> 01:43:55,400
 local facility, not like aluminum, plastic or glass, which are simply handled locally

1462
01:43:55,400 --> 01:43:56,840
 and processed abroad.

1463
01:43:56,840 --> 01:43:59,520
 This saves big dollars.

1464
01:43:59,520 --> 01:44:03,600
 Not a single extra mile of transport cost or emissions is generated.

1465
01:44:03,600 --> 01:44:07,840
 In fact, every time the facility would be used would reduce mileage and emissions in

1466
01:44:07,840 --> 01:44:09,400
 your city.

1467
01:44:09,400 --> 01:44:12,640
 If you support this application, you support reduced truck traffic, you support cleaner

1468
01:44:12,640 --> 01:44:16,900
 air, you support reduced congestion, you support lower cost infrastructure improvements.

1469
01:44:16,900 --> 01:44:20,360
 You support your public works department, your street and water departments, you support

1470
01:44:20,360 --> 01:44:23,720
 your local budgets and getting more bang for your buck.

1471
01:44:23,720 --> 01:44:27,480
 Your support for this application supports the ideas of your highly paid and knowledgeable

1472
01:44:27,480 --> 01:44:31,880
 city consultants who said the right operator will locate in your city to recycle concrete

1473
01:44:31,880 --> 01:44:35,480
 that the city generates to be reused within your city at a substantial environmental and

1474
01:44:35,480 --> 01:44:37,080
 budgetary savings.

1475
01:44:37,080 --> 01:44:42,160
 And all this is accomplished at zero cost to your city and at zero added impact to your

1476
01:44:42,160 --> 01:44:43,160
 city.

1477
01:44:43,160 --> 01:44:45,400
 This must occur and the site is appropriate.

1478
01:44:45,400 --> 01:44:48,760
 Your city has already set the bar high with all the site requirements and the owners of

1479
01:44:48,760 --> 01:44:52,000
 big city crushed concrete are committed to making a flagship site for benefit of the

1480
01:44:52,000 --> 01:44:54,040
 city and its taxpayers.

1481
01:44:54,040 --> 01:44:57,800
 Support for this request is supporting for this support for recycling in your community

1482
01:44:57,800 --> 01:45:04,160
 and his support for the guidelines set forth for your city based upon the criteria described

1483
01:45:04,160 --> 01:45:07,280
 by blue ridge consultants all the way back in 2018.

1484
01:45:07,280 --> 01:45:09,920
 Three years later, the city has no recycling program.

1485
01:45:09,920 --> 01:45:15,520
 We must move forward and approval of this recycling plan would constitute that.

1486
01:45:15,520 --> 01:45:16,520
 Thank you.

1487
01:45:16,520 --> 01:45:17,520
 I'm available for questions.

1488
01:45:17,520 --> 01:45:18,520
 Appreciate that.

1489
01:45:18,520 --> 01:45:22,720
 Mr. Brown and Mrs. Bissett, is there any questions for the applicant?

1490
01:45:22,720 --> 01:45:23,720
 Commissioner Smith.

1491
01:45:23,720 --> 01:45:29,460
 I got a lot, so I'll get him out of here.

1492
01:45:29,460 --> 01:45:32,800
 First before I go to the applicant, I did have a question that came up from Julie during

1493
01:45:32,800 --> 01:45:33,800
 that.

1494
01:45:33,800 --> 01:45:41,000
 Julie, was there any, did we have any, I doubt it, but was this project or anything like

1495
01:45:41,000 --> 01:45:49,500
 that discussed with street maintenance or any of those departments about maybe the need

1496
01:45:49,500 --> 01:45:54,040
 for this type of site to be near or be in Denton, is that discussed at all with as many

1497
01:45:54,040 --> 01:45:58,760
 road improvements that we have coming up?

1498
01:45:58,760 --> 01:46:05,700
 It's been reviewed by engineering, but I have not discussed it with our CIP group to see

1499
01:46:05,700 --> 01:46:09,760
 what their needs will be upcoming for this type of material.

1500
01:46:09,760 --> 01:46:10,760
 That works.

1501
01:46:10,760 --> 01:46:11,760
 Thank you.

1502
01:46:11,760 --> 01:46:18,120
 Mr. Brown or Mrs. Bissett, either one of you guys can answer these, but are there other

1503
01:46:18,120 --> 01:46:20,520
 services like this already in town somewhere?

1504
01:46:20,520 --> 01:46:31,200
 Or were you guys the only business in town that was doing this type of recycling?

1505
01:46:31,200 --> 01:46:33,320
 This is Trey Brown.

1506
01:46:33,320 --> 01:46:38,440
 There are no authorized legal facilities in the city of Denton.

1507
01:46:38,440 --> 01:46:44,760
 The facility up the Mayfield landfill was the only one.

1508
01:46:44,760 --> 01:46:50,120
 So if there is no competition in town to be able to do this, I'm assuming that the most

1509
01:46:50,120 --> 01:46:56,600
 lucrative piece of having a site in Denton would be the contracts that we gain with the

1510
01:46:56,600 --> 01:46:58,720
 government agencies that are in Denton, right?

1511
01:46:58,720 --> 01:47:04,520
 So University of North Texas, TWA, State, and then obviously things to be done with

1512
01:47:04,520 --> 01:47:06,320
 the city of Denton.

1513
01:47:06,320 --> 01:47:11,920
 Would it be foreseen that business will be lost since there is no other competition in

1514
01:47:11,920 --> 01:47:17,200
 town if this site was not approved, would competition, would you lose contracts because

1515
01:47:17,200 --> 01:47:23,160
 you're not locally sourced or locally located?

1516
01:47:23,160 --> 01:47:27,800
 We currently do not maintain any contracts with the city of Denton.

1517
01:47:27,800 --> 01:47:32,800
 That was only under a public bid criteria when we operate at the landfill and the city

1518
01:47:32,800 --> 01:47:35,560
 used the finished product.

1519
01:47:35,560 --> 01:47:42,360
 The dilemma here is that accessibility is a key for efficiency relating to municipal

1520
01:47:42,360 --> 01:47:44,920
 projects, as well as all private projects.

1521
01:47:44,920 --> 01:47:50,360
 And we were contacted indeed by a street department saying, where is our alternative?

1522
01:47:50,360 --> 01:47:55,080
 And we suggested our nearest facility, which is Louisville, and a street department indicated

1523
01:47:55,080 --> 01:47:58,480
 that was just cost prohibitive to transport at that distance.

1524
01:47:58,480 --> 01:48:04,640
 That is why the proximity to the most major arterial roadway through Denton is appropriate.

1525
01:48:04,640 --> 01:48:10,040
 The other item that Ms. Wyatt had indicated was the fact that moving west is more appropriate.

1526
01:48:10,040 --> 01:48:15,080
 The dilemma there is that that moves, that option moves more traffic up and down major

1527
01:48:15,080 --> 01:48:22,240
 east-west arterial roadways, instead of putting it directly on the most major arterial roadway,

1528
01:48:22,240 --> 01:48:28,080
 which the city doesn't have to maintain, and the most appropriate for dump trucks and 18

1529
01:48:28,080 --> 01:48:29,080
 wheelers.

1530
01:48:29,080 --> 01:48:35,800
 So, I guess, once again, back to that original question, then, if our CIP department said,

1531
01:48:35,800 --> 01:48:39,840
 you know, that's cost prohibitive, and maybe this is more of a Julie question, or any from

1532
01:48:39,840 --> 01:48:43,360
 the city staff, where would we take this concrete then?

1533
01:48:43,360 --> 01:48:48,600
 We know we're ripping up roads, where, maybe just from a legislative standpoint, enlighten

1534
01:48:48,600 --> 01:48:57,760
 me, where does that concrete go then, if we don't have a service like this in town?

1535
01:48:57,760 --> 01:49:01,800
 The only thing I would add is most of that work is done through a contractor, so whatever

1536
01:49:01,800 --> 01:49:07,520
 contract obligations are included, that's where they would dispose it.

1537
01:49:07,520 --> 01:49:13,360
 I don't know that, and again, I'm not involved in those contracts, but I don't know that

1538
01:49:13,360 --> 01:49:19,240
 we stipulate where it must go, or how far, or limitations on where they can take what's

1539
01:49:19,240 --> 01:49:20,240
 removed.

1540
01:49:20,240 --> 01:49:27,800
 But it could possibly make it to where they, an increase on bids to have to, if we are

1541
01:49:27,800 --> 01:49:32,280
 tearing out roads, to say, well, as a contractor, yes, I'm putting in for bulk bidder because

1542
01:49:32,280 --> 01:49:37,120
 the closest concrete crushing site where we can dispose of this is back to our own plants

1543
01:49:37,120 --> 01:49:43,520
 or somewhere else that it could possibly increase the cost of the contracts that we have moving

1544
01:49:43,520 --> 01:49:46,560
 forward for CIP projects.

1545
01:49:46,560 --> 01:49:53,400
 And that I'm not, I couldn't say yes, yes or no.

1546
01:49:53,400 --> 01:49:59,020
 If it's okay, Trey Brown, if I might comment, the situation is that we're not building or

1547
01:49:59,020 --> 01:50:05,040
 constructing a facility for benefit of any individual projects that are current or future.

1548
01:50:05,040 --> 01:50:06,400
 It's kind of like field of dreams.

1549
01:50:06,400 --> 01:50:10,100
 We actually have to have the confidence to establish a facility based on the criteria

1550
01:50:10,100 --> 01:50:14,760
 we've experienced for 32 years and have it and introduce the opportunity.

1551
01:50:14,760 --> 01:50:21,040
 The proper opportunities will drive the candidacy of this being the proper disposal facility,

1552
01:50:21,040 --> 01:50:26,160
 as well as the proper avenue to reintroduce the aggregate back in the marketplace at the

1553
01:50:26,160 --> 01:50:27,160
 most efficient cost.

1554
01:50:27,160 --> 01:50:32,800
 The reduced transport, times, congestions, mean reduced costs to your community.

1555
01:50:32,800 --> 01:50:34,600
 Yeah, of course.

1556
01:50:34,600 --> 01:50:37,000
 And that's actually not the direction I'm heading there, Mr. Brown.

1557
01:50:37,000 --> 01:50:41,920
 I'm more just looking at it from, you know, is having a, I know there's a recommendation

1558
01:50:41,920 --> 01:50:46,760
 for denial on this, but is there possibly a cost to the city that that's not being seen

1559
01:50:46,760 --> 01:50:51,640
 here that with no guarantee or promise whatsoever that any private entity would automatically

1560
01:50:51,640 --> 01:50:57,680
 get a contract to a, to, you know, to do some sort of business just because they located

1561
01:50:57,680 --> 01:50:58,680
 it then.

1562
01:50:58,680 --> 01:51:03,040
 But more of if, if we know we have a need, we have waste that needs to be disposed of,

1563
01:51:03,040 --> 01:51:07,200
 is that increasing costs because there isn't a facility closer that the contractor or whoever

1564
01:51:07,200 --> 01:51:13,560
 it is tearing up the concrete has to move into the maybe you answered the noise question

1565
01:51:13,560 --> 01:51:14,560
 for me.

1566
01:51:14,560 --> 01:51:15,560
 So thank you.

1567
01:51:15,560 --> 01:51:20,880
 And this might be an Amy or Mr. Brown question, the 45 feet that you said that that capped

1568
01:51:20,880 --> 01:51:23,040
 on the piles, where does that come from?

1569
01:51:23,040 --> 01:51:24,440
 Is that an industry standard?

1570
01:51:24,440 --> 01:51:27,000
 Is that something that OSHA recommends?

1571
01:51:27,000 --> 01:51:31,280
 Is that, is that something that would be requested in the SUP?

1572
01:51:31,280 --> 01:51:33,640
 Where does that 45 feet number come from?

1573
01:51:33,640 --> 01:51:43,760
 Go ahead and try, yeah, I mean, yeah, that is the TCEQ generated standard based on environmental

1574
01:51:43,760 --> 01:51:46,280
 modeling all across the state.

1575
01:51:46,280 --> 01:51:50,720
 And that is the traditional height that is prescribed.

1576
01:51:50,720 --> 01:51:55,040
 There are provisions to go higher as facilities may be necessary.

1577
01:51:55,040 --> 01:52:00,240
 We would never request anything here in regards to exceeding the existing standards.

1578
01:52:00,240 --> 01:52:07,320
 45 feet is what we would be.

1579
01:52:07,320 --> 01:52:12,640
 So I'm guessing the TCEQ, they are the ones who check that and that's just, or is that

1580
01:52:12,640 --> 01:52:16,220
 just a recommendation?

1581
01:52:16,220 --> 01:52:20,240
 The city of Denton does not have its own environmental program to monitor air.

1582
01:52:20,240 --> 01:52:26,800
 So it is all authorized through Austin and TCEQ and all administration and inspections

1583
01:52:26,800 --> 01:52:31,800
 are provided by TCEQ Region 4 right here in Fort Worth.

1584
01:52:31,800 --> 01:52:37,960
 Julie, if there was, if this site was to be approved and there, so there would be, it

1585
01:52:37,960 --> 01:52:40,840
 would be forced to have an SUP on this, correct?

1586
01:52:40,840 --> 01:52:43,040
 Correct, yes.

1587
01:52:43,040 --> 01:52:49,560
 Is it, is it something in the SUP where the pile height can be capped or we can codify

1588
01:52:49,560 --> 01:52:51,960
 it in there, the pile heights capped?

1589
01:52:51,960 --> 01:52:52,960
 Yes.

1590
01:52:52,960 --> 01:53:00,840
 In their SUP, I believe their pile height is 60 feet, but I may be misquoting here,

1591
01:53:00,840 --> 01:53:06,840
 but it, that can be limited with the SUP.

1592
01:53:06,840 --> 01:53:08,640
 Thank you.

1593
01:53:08,640 --> 01:53:19,520
 How much public dumping is done now at other, other sites through BCC?

1594
01:53:19,520 --> 01:53:20,520
 Trey Brown.

1595
01:53:20,520 --> 01:53:29,200
 It's a vast array and it absolutely includes everything from the family with the Volkswagen

1596
01:53:29,200 --> 01:53:34,580
 station wagon and, or a Volvo station wagon, a five gallon bucket of mortar from around

1597
01:53:34,580 --> 01:53:42,540
 their flower garden to, to church parking lots being revitalized to text out roadways.

1598
01:53:42,540 --> 01:53:48,640
 We receive one of the, whatever's recyclable and available to us.

1599
01:53:48,640 --> 01:53:51,480
 And then the, the city directed you to look elsewhere.

1600
01:53:51,480 --> 01:53:57,600
 Obviously after the lease fell through with the, with the landfill.

1601
01:53:57,600 --> 01:54:02,800
 Was there any discussion in this, I don't know when, when 97 land company and this were,

1602
01:54:02,800 --> 01:54:07,400
 were involved with you guys on this property, if it wasn't until the zoning, but had any

1603
01:54:07,400 --> 01:54:14,200
 discussion happen with the city in regards to this location?

1604
01:54:14,200 --> 01:54:20,080
 Then regarding this specific location immediately upon the closure of the recycling, the majority

1605
01:54:20,080 --> 01:54:26,040
 of the recycling operations at the city landfill, we had already approached the city through

1606
01:54:26,040 --> 01:54:32,080
 previous solid waste management about leasing space at Mayfield.

1607
01:54:32,080 --> 01:54:38,900
 And then there was a big shakeup and that it was determined that Blue Ridge's advice

1608
01:54:38,900 --> 01:54:43,400
 to go to a private opportunity would be the most appropriate.

1609
01:54:43,400 --> 01:54:44,400
 Okay.

1610
01:54:44,400 --> 01:54:46,760
 Site specific, not questioned.

1611
01:54:46,760 --> 01:54:53,360
 We use the criteria for 32 years of operation and 10 other facilities to find accessibility,

1612
01:54:53,360 --> 01:54:58,360
 reduce visibility and similar type neighbors.

1613
01:54:58,360 --> 01:54:59,360
 Okay.

1614
01:54:59,360 --> 01:55:04,200
 And the last question, and then I'll, I swear I'll really push forward by the commissioners.

1615
01:55:04,200 --> 01:55:09,160
 The, the, on the site location, as you guys did in your presentation, you had the piles

1616
01:55:09,160 --> 01:55:13,080
 and most of the operations happening in the back of the property, the far Western edge.

1617
01:55:13,080 --> 01:55:16,360
 Would it be where the parking lot is currently existing in that property?

1618
01:55:16,360 --> 01:55:26,680
 But would you guys demolish that that parking lot and put it there?

1619
01:55:26,680 --> 01:55:27,680
 This is Amy.

1620
01:55:27,680 --> 01:55:34,320
 This is so originally we had proposed for the crushing operation to be where the parking

1621
01:55:34,320 --> 01:55:36,080
 is today.

1622
01:55:36,080 --> 01:55:41,760
 But after multiple conversations with the city, we thought that it might be more appropriate

1623
01:55:41,760 --> 01:55:47,160
 to place it entirely within the area that's already zoned heavy industry.

1624
01:55:47,160 --> 01:55:54,520
 So we moved it a little bit further North, which is outside of the parking lot area today.

1625
01:55:54,520 --> 01:55:55,520
 Okay.

1626
01:55:55,520 --> 01:56:01,360
 So the parking lot areas stay there in existence, probably not utilized as it is now, but stay

1627
01:56:01,360 --> 01:56:04,480
 in existence.

1628
01:56:04,480 --> 01:56:06,960
 It would become a vehicle maneuvering area.

1629
01:56:06,960 --> 01:56:11,960
 That's all the questions I have.

1630
01:56:11,960 --> 01:56:12,960
 Thank you.

1631
01:56:12,960 --> 01:56:13,960
 Thank you.

1632
01:56:13,960 --> 01:56:14,960
 Mr. Smith.

1633
01:56:14,960 --> 01:56:15,960
 Commissioner Beck.

1634
01:56:15,960 --> 01:56:16,960
 Thank you.

1635
01:56:16,960 --> 01:56:22,520
 Could someone on staff remind me, I haven't looked at the regulations in a while on this

1636
01:56:22,520 --> 01:56:24,840
 kind of thing.

1637
01:56:24,840 --> 01:56:31,360
 If for, for the, for this parcel that's currently mixed heavy industrial and light industrial

1638
01:56:31,360 --> 01:56:38,840
 would, if the concrete plant could, could the, could the crushing plant be put on the

1639
01:56:38,840 --> 01:56:48,960
 heavy industrial section and then the use the, the associated use be allowed within

1640
01:56:48,960 --> 01:56:57,840
 light industrial for the non crushing operations or, or really these have to be treated in

1641
01:56:57,840 --> 01:57:00,940
 concert as one use.

1642
01:57:00,940 --> 01:57:01,940
 You are correct.

1643
01:57:01,940 --> 01:57:02,940
 The latter.

1644
01:57:02,940 --> 01:57:03,940
 Yes, sir.

1645
01:57:03,940 --> 01:57:04,940
 The latter.

1646
01:57:04,940 --> 01:57:05,940
 Okay.

1647
01:57:05,940 --> 01:57:06,940
 Thank you.

1648
01:57:06,940 --> 01:57:11,640
 Any other questions for the applicant?

1649
01:57:11,640 --> 01:57:18,560
 Okay, Mr. Brown and Ms. Bissett, thank you for, for being here.

1650
01:57:18,560 --> 01:57:21,800
 I'm going to go ahead and close the public hearing.

1651
01:57:21,800 --> 01:57:27,240
 I have a question just for clarification on my end.

1652
01:57:27,240 --> 01:57:34,440
 The use that, this went out of focus, the use that they're proposing here is high impact

1653
01:57:34,440 --> 01:57:35,440
 manufacturing.

1654
01:57:35,440 --> 01:57:36,440
 Is that correct?

1655
01:57:36,440 --> 01:57:37,440
 Correct.

1656
01:57:37,440 --> 01:57:38,440
 Okay.

1657
01:57:38,440 --> 01:57:42,440
 Cause as I look through this, I certainly get wrapped up in the use, but we're not

1658
01:57:42,440 --> 01:57:45,400
 actually voting on any uses today.

1659
01:57:45,400 --> 01:57:51,240
 We're voting on if we want it being HI or LI and surprisingly I was looking through

1660
01:57:51,240 --> 01:57:58,240
 sub chapter five of the code and LI and HI are very, very much alike.

1661
01:57:58,240 --> 01:58:05,440
 In fact, from what I can tell, the only additional permitted use with HI is medium manufacturing

1662
01:58:05,440 --> 01:58:10,920
 and RV park at least from what I can see, those are permitted uses.

1663
01:58:10,920 --> 01:58:15,680
 And then there's adult entertainment, high impact manufacturing, slaughterhouse, wind

1664
01:58:15,680 --> 01:58:22,560
 energy conversion systems and commercial incinerators that we would be opened up to potentially

1665
01:58:22,560 --> 01:58:26,480
 through an SUP process of the HI.

1666
01:58:26,480 --> 01:58:32,000
 And so I'm trying to think through and, and, and balance out if, if go into an HI and open

1667
01:58:32,000 --> 01:58:42,240
 this up to those, those items are the appropriate move for the city to make commissioner Ellis.

1668
01:58:42,240 --> 01:58:47,560
 Thank you chair yet to your point, I was looking and thinking the same thing that they are

1669
01:58:47,560 --> 01:58:48,760
 very similar.

1670
01:58:48,760 --> 01:58:58,280
 However, heavy industrial would certainly open up different parameters that these operations

1671
01:58:58,280 --> 01:58:59,280
 could, could function.

1672
01:58:59,280 --> 01:59:02,060
 Am I correct in that Richard and Julie?

1673
01:59:02,060 --> 01:59:14,360
 So they might be a similar use, but they could be intensified if it's heavy industrial, correct?

1674
01:59:14,360 --> 01:59:19,400
 Larger higher scale operation, correct?

1675
01:59:19,400 --> 01:59:20,400
 That's correct.

1676
01:59:20,400 --> 01:59:26,080
 There are some limitations given the proximity to the airport.

1677
01:59:26,080 --> 01:59:31,880
 So there are some height limitations that they would have as far as building wise.

1678
01:59:31,880 --> 01:59:35,440
 But it definitely could open up to much more intense uses.

1679
01:59:35,440 --> 01:59:36,440
 Right.

1680
01:59:36,440 --> 01:59:37,440
 Okay.

1681
01:59:37,440 --> 01:59:38,440
 Thank you.

1682
01:59:38,440 --> 01:59:39,440
 Slaughterhouse being one.

1683
01:59:39,440 --> 01:59:40,440
 Correct.

1684
01:59:40,440 --> 01:59:45,600
 Well, the public hearing is closed.

1685
01:59:45,600 --> 01:59:51,000
 Chair is happy to entertain, put in motion on a floor and, and us converse about that

1686
01:59:51,000 --> 01:59:56,000
 and getting to a vote.

1687
01:59:56,000 --> 01:59:58,240
 Anyone want to take a leap?

1688
01:59:58,240 --> 02:00:00,240
 Christian or back?

1689
02:00:00,240 --> 02:00:04,560
 Yeah, I'll take that leap, thank you, Chair.

1690
02:00:04,560 --> 02:00:08,360
 I don't, I don't think this, I don't think the, I think the fact that you're seeing hesitancy

1691
02:00:08,360 --> 02:00:14,240
 out of the board is, is the commission rather is, is not, is because we really are thinking

1692
02:00:14,240 --> 02:00:22,480
 about these issues and the appropriate use and, and what it opens us up to given the

1693
02:00:22,480 --> 02:00:23,600
 future land use.

1694
02:00:23,600 --> 02:00:31,600
 So I'm actually going to concur with staff on this one, I think that sort of the, the

1695
02:00:31,600 --> 02:00:40,520
 flavor of the region, the, the, the, the opposition of the, the neighbors, it's, it's not that

1696
02:00:40,520 --> 02:00:42,120
 we don't need this use in Denton.

1697
02:00:42,120 --> 02:00:48,520
 It's not that this isn't an appropriate use for Denton, it's, is this specific location,

1698
02:00:48,520 --> 02:00:56,560
 the right location to rezone to have the industrial and for this use in this location, not, not

1699
02:00:56,560 --> 02:00:58,920
 that is this use for Denton and appropriate use.

1700
02:00:58,920 --> 02:01:01,040
 I think it's just clear because we had it in the landfill.

1701
02:01:01,040 --> 02:01:07,480
 So my motion is for denial for the reasons specified by staff.

1702
02:01:07,480 --> 02:01:11,680
 We have a first for denial, Commissioner Ellis.

1703
02:01:11,680 --> 02:01:18,920
 Yeah, and I will second that and just add that I certainly agree with, with staff's

1704
02:01:18,920 --> 02:01:20,440
 interpretation of this.

1705
02:01:20,440 --> 02:01:28,760
 I do appreciate the applicant presentation and, and, and enlightening us to their reasons.

1706
02:01:28,760 --> 02:01:32,840
 However, you know, re zones got to take very seriously.

1707
02:01:32,840 --> 02:01:38,960
 And when you look at, at what we would be doing to this location in, in splitting this

1708
02:01:38,960 --> 02:01:42,960
 like that's it's just, it is just not, not appropriate.

1709
02:01:42,960 --> 02:01:48,000
 Alright, discussion, we're going to go first to Commissioner Smith.

1710
02:01:48,000 --> 02:01:49,720
 Thank you, chair.

1711
02:01:49,720 --> 02:01:55,920
 This is a tough one for me to vote on, but I think that I heard my answers in the, my,

1712
02:01:55,920 --> 02:02:03,640
 my long list of questions for the applicant, but it just doesn't seem like this is the

1713
02:02:03,640 --> 02:02:04,640
 right place.

1714
02:02:04,640 --> 02:02:09,920
 I agree, I think that from a planning and zoning commission, our job is to look at the

1715
02:02:09,920 --> 02:02:17,200
 code and interpret the code and vote on the code and the, it looks pretty clear that the,

1716
02:02:17,200 --> 02:02:23,480
 the code doesn't agree with this zoning, even if the uses be moved backwards into it and

1717
02:02:23,480 --> 02:02:28,160
 to the detriment of some of the people surrounding them already currently in that property looks

1718
02:02:28,160 --> 02:02:34,560
 like the city can, in my estimation, probably go through and you know, they can operate without

1719
02:02:34,560 --> 02:02:39,840
 this use there in the city now, it might increase the cost for current bids or future bids,

1720
02:02:39,840 --> 02:02:44,000
 but I think it's not a, not a use that we're dying to have and have to get in right here

1721
02:02:44,000 --> 02:02:45,000
 right now.

1722
02:02:45,000 --> 02:02:53,560
 I think it's also just to be said that having to go with a majority vote at council on approval

1723
02:02:53,560 --> 02:02:57,960
 or denial down here, in my opinion, obviously doesn't make a big difference in what happens

1724
02:02:57,960 --> 02:03:04,000
 at the council level for, you know, a majority or a super majority vote or not obviously

1725
02:03:04,000 --> 02:03:08,880
 would make a big difference if it was an approval, but with it having to be super majority, it

1726
02:03:08,880 --> 02:03:09,880
 doesn't matter so much.

1727
02:03:09,880 --> 02:03:15,480
 And if the applicant who does have a very compelling argument that this was done out

1728
02:03:15,480 --> 02:03:20,760
 of a direct or a directive given from city council, I think it's, I think it's time for

1729
02:03:20,760 --> 02:03:24,420
 city council to answer up to it, but at a planning and zoning commission, our job is

1730
02:03:24,420 --> 02:03:28,000
 to interpret the code and determine what's best as the code is written.

1731
02:03:28,000 --> 02:03:34,400
 So therefore I do agree with Commissioner Beck and Commissioner Ellis.

1732
02:03:34,400 --> 02:03:36,000
 Thank you, Commissioner Smith.

1733
02:03:36,000 --> 02:03:39,000
 Any other discussion?

1734
02:03:39,000 --> 02:03:42,080
 I'll weigh in here and I'll give a spoiler.

1735
02:03:42,080 --> 02:03:47,200
 I'm not going to support a denial on this with all due respect to staff's work.

1736
02:03:47,200 --> 02:03:54,080
 Call me convinced by Ms. Bissett and Mr. Brown, but the leading question, Amy asked, was,

1737
02:03:54,080 --> 02:03:56,960
 if not here, then where?

1738
02:03:56,960 --> 02:04:03,040
 And it seems like if it's not here, it's going to go on to potentially smaller streets that

1739
02:04:03,040 --> 02:04:10,000
 we support as a city rather than a text dot highway, one of the biggest in the nations.

1740
02:04:10,000 --> 02:04:19,260
 And so, and also looking at what we open our, our door to, if we go to heavy industrial,

1741
02:04:19,260 --> 02:04:25,640
 it's either media manufacturing or an RV park, anything else besides those two items would

1742
02:04:25,640 --> 02:04:28,400
 come back to us for an SUP.

1743
02:04:28,400 --> 02:04:36,520
 And so I don't think it, in my opinion, obviously opens us up to this monster, especially since

1744
02:04:36,520 --> 02:04:39,520
 we have some height restrictions built into airspace.

1745
02:04:39,520 --> 02:04:41,820
 So I think we're in a kind of unique situation.

1746
02:04:41,820 --> 02:04:47,600
 And so for the benefits that a project like this would bring to our city without really

1747
02:04:47,600 --> 02:04:53,500
 asking our city for a lot in terms of upkeep and potentially keeping cost on what needs

1748
02:04:53,500 --> 02:05:01,060
 to be endless road projects in our town, I'm convinced that this rezoning would be appropriate

1749
02:05:01,060 --> 02:05:05,880
 for that, considering it backs up to HI anyways, I know it kind of donuts out that one parcel

1750
02:05:05,880 --> 02:05:12,280
 of land, which they're obviously against, but I certainly respect and appreciate the

1751
02:05:12,280 --> 02:05:17,680
 work staff put into this, and I appreciate Commissioner Beck and Commissioner Smith both

1752
02:05:17,680 --> 02:05:21,000
 saying this is not the right location, but we need it in town.

1753
02:05:21,000 --> 02:05:26,880
 But like Amy, if I looked at a map of Denton, I don't know where else I would put a spot

1754
02:05:26,880 --> 02:05:31,160
 where dump trucks would be going in and out continually.

1755
02:05:31,160 --> 02:05:39,420
 And so the arguments laid out today were enough to convince me that I'd be in support of taking

1756
02:05:39,420 --> 02:05:43,000
 this to council with approval.

1757
02:05:43,000 --> 02:05:44,560
 Any other discussion on this item?

1758
02:05:44,560 --> 02:05:47,620
 We'll go to Commissioner Anderson and back to Commissioner Ellis.

1759
02:05:47,620 --> 02:05:50,560
 Well, I'll just kind of put in my two cents.

1760
02:05:50,560 --> 02:05:52,680
 I don't personally, I don't think I could help.

1761
02:05:52,680 --> 02:05:58,140
 I could support this because for one, if we do open it up, they could start producing

1762
02:05:58,140 --> 02:06:03,260
 concrete and I did some reading on concrete and stuff, but it produces large amounts of

1763
02:06:03,260 --> 02:06:07,700
 dust and sand and it has a high particles.

1764
02:06:07,700 --> 02:06:13,120
 The particles could scar your lungs causing disabling irreversible lung disease and it's

1765
02:06:13,120 --> 02:06:20,520
 called, what is it called here, it's called silicosis and concrete dust has one of the

1766
02:06:20,520 --> 02:06:24,300
 concrete industry has one of the highest deaths due to silicosis.

1767
02:06:24,300 --> 02:06:30,840
 We have a college campus with just on the southeast of that and we have a prominent predominantly

1768
02:06:30,840 --> 02:06:36,280
 southern wind that comes from the south, southeast, southwest, that wind could be blowing that

1769
02:06:36,280 --> 02:06:42,640
 stuff over to the campus and I mean, who knows what the potential side effects are not one

1770
02:06:42,640 --> 02:06:48,680
 year down the road, but years down the road after all this dust and stuff is affecting

1771
02:06:48,680 --> 02:06:51,260
 the students.

1772
02:06:51,260 --> 02:06:54,980
 So for that reason, I don't think I could support this being that close to a campus

1773
02:06:54,980 --> 02:06:57,920
 and that too close to a athletic facility.

1774
02:06:57,920 --> 02:06:58,920
 So thanks.

1775
02:06:58,920 --> 02:07:02,640
 Thanks, Commissioner Anderson, Commissioner Ellis.

1776
02:07:02,640 --> 02:07:03,640
 Thank you, Chair.

1777
02:07:03,640 --> 02:07:04,640
 Yeah, I was just going to add to your point.

1778
02:07:04,640 --> 02:07:11,400
 And, you know, we don't have to find a use or land for every use that is in our code.

1779
02:07:11,400 --> 02:07:16,480
 So I don't agree that we have to agree this to this because where else are we going to

1780
02:07:16,480 --> 02:07:18,720
 put it?

1781
02:07:18,720 --> 02:07:22,160
 It will be the collapse of that light industrial use there.

1782
02:07:22,160 --> 02:07:24,080
 That is what's going to happen.

1783
02:07:24,080 --> 02:07:31,160
 If we rezone this to heavy industrial, the rest of the requests will come and we already

1784
02:07:31,160 --> 02:07:36,080
 have neighbors here who are functioning light industrial, we've already heard from them

1785
02:07:36,080 --> 02:07:43,840
 in their opinion, their tenants will leave if this is allowed to be developed here.

1786
02:07:43,840 --> 02:07:47,020
 Appreciate that, Commissioner Ellis.

1787
02:07:47,020 --> 02:07:50,160
 Any other discussion on this item?

1788
02:07:50,160 --> 02:07:52,680
 Okay, let's take a vote via roll call.

1789
02:07:52,680 --> 02:07:55,760
 Just a reminder, the motion on the table is for a denial.

1790
02:07:55,760 --> 02:07:59,440
 So a motion and the affirmative is to support the denial.

1791
02:07:59,440 --> 02:08:01,520
 We'll start it with Commissioner Ellis.

1792
02:08:01,520 --> 02:08:02,520
 Aye.

1793
02:08:02,520 --> 02:08:03,800
 Commissioner Beck.

1794
02:08:03,800 --> 02:08:04,800
 Aye.

1795
02:08:04,800 --> 02:08:06,520
 Commissioner Anderson.

1796
02:08:06,520 --> 02:08:07,520
 Aye.

1797
02:08:07,520 --> 02:08:09,480
 Commissioner Cole.

1798
02:08:09,480 --> 02:08:10,480
 Aye.

1799
02:08:10,480 --> 02:08:12,400
 Commissioner Smith.

1800
02:08:12,400 --> 02:08:13,400
 Aye.

1801
02:08:13,400 --> 02:08:14,880
 Commissioner Pernetta.

1802
02:08:14,880 --> 02:08:15,880
 Aye.

1803
02:08:15,880 --> 02:08:21,640
 Chair, as a nay, motion carries 6-1.

1804
02:08:21,640 --> 02:08:23,720
 That brings us to our next item of business.

1805
02:08:23,720 --> 02:08:29,560
 That is item 4D, S20-0008.

1806
02:08:29,560 --> 02:08:36,600
 This item is to be presented by Karina Maldonado and I will open the public hearing.

1807
02:08:36,600 --> 02:08:44,480
 Karina, whenever you're ready, the floor is yours.

1808
02:08:44,480 --> 02:08:45,480
 Good evening.

1809
02:08:45,480 --> 02:09:00,120
 Let me just pull up the presentation now.

1810
02:09:00,120 --> 02:09:02,760
 Good evening, Karina Maldonado, Assistant Planner.

1811
02:09:02,760 --> 02:09:09,440
 The request today is for S20-0008 for legacy multifamily.

1812
02:09:09,440 --> 02:09:16,480
 The request is for specific use permit to permit multifamily dwellings on approximately

1813
02:09:16,480 --> 02:09:21,760
 16.106 acres within the R7 zoning district.

1814
02:09:21,760 --> 02:09:28,000
 Just a quick background, the site was, I have on here rezoned, but it was actually an initial

1815
02:09:28,000 --> 02:09:33,640
 zoning back in 2012 after this property was annexed into the city.

1816
02:09:33,640 --> 02:09:39,520
 The initial zoning for this property and the adjacent property was for community mixed

1817
02:09:39,520 --> 02:09:45,520
 use and then neighborhood residential mixed use 12, which then transitioned to the R7

1818
02:09:45,520 --> 02:09:50,200
 zoning district in 2019.

1819
02:09:50,200 --> 02:09:55,080
 So the site plan on here, it proposes six three-story buildings.

1820
02:09:55,080 --> 02:10:01,400
 Those are these buildings shown in red with a total of 264 dwelling units.

1821
02:10:01,400 --> 02:10:05,920
 That consists of one, two and three bedroom units.

1822
02:10:05,920 --> 02:10:10,200
 There is one clarification on the presentation from the staff report.

1823
02:10:10,200 --> 02:10:14,680
 That is that the parking proposed is 519 parking spaces.

1824
02:10:14,680 --> 02:10:18,560
 That does include covered and uncovered parking.

1825
02:10:18,560 --> 02:10:22,320
 It's a little difficult to see here, but it's better on the landscape plan and I'll point

1826
02:10:22,320 --> 02:10:23,900
 that out later.

1827
02:10:23,900 --> 02:10:29,400
 It does also include a reduction in parking for proximity to transit.

1828
02:10:29,400 --> 02:10:33,920
 There's a bus stop on the east side of this property, just across the street from Ryan

1829
02:10:33,920 --> 02:10:35,320
 High School.

1830
02:10:35,320 --> 02:10:40,920
 In addition to that, there are proposed 28 bicycle spaces, which goes hand in hand with

1831
02:10:40,920 --> 02:10:44,560
 the internal bicycle and pedestrian circulation within the site.

1832
02:10:44,560 --> 02:10:51,080
 That is shown in green and as you can see, it does provide connection to the sidewalks

1833
02:10:51,080 --> 02:10:56,780
 on the south side of McKinney Street, which would be six feet.

1834
02:10:56,780 --> 02:11:04,000
 One thing to mention about this site is that East McKinney Street is currently under construction

1835
02:11:04,000 --> 02:11:06,800
 for the street widening project.

1836
02:11:06,800 --> 02:11:13,160
 It includes expansion of the roadway from a two lane to a four lane with a continuous

1837
02:11:13,160 --> 02:11:14,160
 turn lane.

1838
02:11:14,160 --> 02:11:20,820
 It also includes the inclusion of a 12 foot mixed use path, a six foot sidewalk again

1839
02:11:20,820 --> 02:11:29,040
 on the south side, as well as improvements to water, wastewater and storm water improvements.

1840
02:11:29,040 --> 02:11:31,960
 You can see also on the site, two driveways.

1841
02:11:31,960 --> 02:11:38,080
 The westernmost driveway is that full access that allows both in and out turn movements

1842
02:11:38,080 --> 02:11:44,480
 from both directions, as well as the eastern access, which is an exit only.

1843
02:11:44,480 --> 02:11:50,920
 That's just to allow for a safe exiting on the property while still allowing that main

1844
02:11:50,920 --> 02:11:54,960
 traffic flow to come in through the west side.

1845
02:11:54,960 --> 02:12:01,760
 I did want to mention based on the work session discussion, the location of the FEMA flood

1846
02:12:01,760 --> 02:12:05,880
 plain and riparian buffer that are existing on the site.

1847
02:12:05,880 --> 02:12:10,080
 They are located on the southern two acres of the property.

1848
02:12:10,080 --> 02:12:16,760
 The development impact area of this site actually follows those boundaries of the flood plain.

1849
02:12:16,760 --> 02:12:22,120
 However, while the development is proposing to stay out of it, they are also moving that

1850
02:12:22,120 --> 02:12:24,740
 line backwards.

1851
02:12:24,740 --> 02:12:29,440
 While the development impact area follows the flood plain, that's mostly because of

1852
02:12:29,440 --> 02:12:30,440
 tree preservation.

1853
02:12:30,440 --> 02:12:39,400
 They're actually limiting development to where this fence line would be shown.

1854
02:12:39,400 --> 02:12:44,760
 Related to that, going to their landscape plan, this proposed development is actually

1855
02:12:44,760 --> 02:12:50,760
 proposing an increase in landscape area and tree canopy for the R7 zoning district.

1856
02:12:50,760 --> 02:12:55,400
 They're proposing 41% landscaped area within the development impact area.

1857
02:12:55,400 --> 02:13:02,080
 That doesn't include the flood plain in ESA, which they are not touching, as well as 40%

1858
02:13:02,080 --> 02:13:08,080
 canopy, which also includes the preserved trees or the canopy from the preserved trees.

1859
02:13:08,080 --> 02:13:13,900
 Part of that also includes street trees along East McKinney to help provide that shading

1860
02:13:13,900 --> 02:13:21,200
 along those sidewalks and then connect the public and private roads.

1861
02:13:21,200 --> 02:13:27,680
 There's also right-of-way screening for that parking that is near the southern exit.

1862
02:13:27,680 --> 02:13:33,240
 It's actually above and beyond what they need to do as right-of-way screening is, or I apologize,

1863
02:13:33,240 --> 02:13:40,360
 the parking is behind the building line, but they are proposing large shade trees to screen

1864
02:13:40,360 --> 02:13:44,160
 that further from East McKinney Street.

1865
02:13:44,160 --> 02:13:49,560
 To the north side of the site, or actually, I should say the west side of the site, they're

1866
02:13:49,560 --> 02:13:52,440
 proposing a six-foot masonry wall.

1867
02:13:52,440 --> 02:13:59,120
 That is to buffer the multifamily use from the Texas Department of Public Safety building

1868
02:13:59,120 --> 02:14:05,120
 that is currently under construction that is in line with the landscape criteria for

1869
02:14:05,120 --> 02:14:08,200
 buffers between adjacent uses.

1870
02:14:08,200 --> 02:14:15,160
 It will stop at the end of the use, which is just before the floodplain.

1871
02:14:15,160 --> 02:14:19,960
 In addition to that, they're proposing a perimeter fence, and that is just an additional measure

1872
02:14:19,960 --> 02:14:28,160
 to provide security to the multifamily use while also ensuring that there is no disturbance

1873
02:14:28,160 --> 02:14:33,240
 of that floodplain area by residents.

1874
02:14:33,240 --> 02:14:36,720
 I already mentioned they're exceeding minimum tree preservation.

1875
02:14:36,720 --> 02:14:44,120
 There's a vast area of open space within that fenced area as well that exceeds the 8% minimum.

1876
02:14:44,120 --> 02:14:50,360
 Within that, there are courtyard spaces, picnic areas, grilling areas, as well as an enclosed

1877
02:14:50,360 --> 02:14:54,760
 dog park for the residents.

1878
02:14:54,760 --> 02:14:59,560
 I won't spend too much time on the elevations, but I just did want to show you the conceptual

1879
02:14:59,560 --> 02:15:00,560
 elevations.

1880
02:15:00,560 --> 02:15:08,240
 They are maintaining a residential height, just under 40 feet, and they are proposing

1881
02:15:08,240 --> 02:15:16,240
 a earth-toned concept with these light greens, tans, and brooms.

1882
02:15:16,240 --> 02:15:19,920
 These are the buildings that would be fronting on East McKinney Street, and these would be

1883
02:15:19,920 --> 02:15:25,320
 the buildings towards the rear of the property.

1884
02:15:25,320 --> 02:15:30,720
 The surrounding development, as I mentioned, there is the Texas Department of Public Safety

1885
02:15:30,720 --> 02:15:34,400
 facility that is currently under construction on the west side.

1886
02:15:34,400 --> 02:15:37,160
 There is residential that's existing to the north.

1887
02:15:37,160 --> 02:15:46,520
 However, that's existing residential, that's larger lot, that is really the result of subdivision

1888
02:15:46,520 --> 02:15:47,520
 by deed.

1889
02:15:47,520 --> 02:15:54,200
 A lot of these properties, the actual home is located more than 500 feet from the right

1890
02:15:54,200 --> 02:15:55,200
 of way.

1891
02:15:55,200 --> 02:16:01,120
 It's not within an established subdivision, so the character is not uniform, but it still

1892
02:16:01,120 --> 02:16:06,720
 maintains that low residential component around the area.

1893
02:16:06,720 --> 02:16:12,420
 To the south is the floodplain, which is just city-owned property.

1894
02:16:12,420 --> 02:16:18,360
 As was mentioned on work session, this is actually part of the Beacon Creek area, and

1895
02:16:18,360 --> 02:16:22,360
 the city does own park space to the west of this.

1896
02:16:22,360 --> 02:16:27,120
 There is a church just across the street from this property that does own an undeveloped

1897
02:16:27,120 --> 02:16:31,640
 parcel that would have to be developed under R2 standards.

1898
02:16:31,640 --> 02:16:40,360
 And then the undeveloped property to the east is also R7, as well as MN, and that, again,

1899
02:16:40,360 --> 02:16:43,960
 would have to develop under those MN standards.

1900
02:16:43,960 --> 02:16:49,840
 So there are some general approval criteria, as well as specific SUP criteria.

1901
02:16:49,840 --> 02:16:50,840
 You saw this quite lengthy.

1902
02:16:50,840 --> 02:16:54,560
 I won't go through all of them, but I'll just touch on some key points.

1903
02:16:54,560 --> 02:16:59,600
 Of course, talking about Denton Plan 2030, this is our comprehensive plan.

1904
02:16:59,600 --> 02:17:03,840
 Looking at the future land use designation, we see that it's designated as community mixed

1905
02:17:03,840 --> 02:17:11,280
 use, which does promote that mix of commercial and moderate to high density residential.

1906
02:17:11,280 --> 02:17:19,260
 So the proposed use is compatible with that future land use designation, as well as consistent

1907
02:17:19,260 --> 02:17:22,860
 with what is called our corridor focus area.

1908
02:17:22,860 --> 02:17:27,360
 So that is another goal within our future land use that just ensures that development

1909
02:17:27,360 --> 02:17:32,760
 within the corridors of East McKinney Street between Loop 288 and Mayhill, that they're

1910
02:17:32,760 --> 02:17:37,320
 developed within certain urban design criteria.

1911
02:17:37,320 --> 02:17:43,120
 As you can see, by the proposed plan, it does encourage the use of multimodal transportation

1912
02:17:43,120 --> 02:17:47,120
 with that bike-ped component and then proximity to transit.

1913
02:17:47,120 --> 02:17:52,440
 They are proposing parking reductions and increased landscaping, as well as that orientation

1914
02:17:52,440 --> 02:18:00,040
 to the right-of-way, as well as using elements from Table 4.1 urban design principles.

1915
02:18:00,040 --> 02:18:05,040
 And really, those design principles have already been incorporated to the multifamily site

1916
02:18:05,040 --> 02:18:09,040
 design standards, the R7 district, and various parts of our code.

1917
02:18:09,040 --> 02:18:13,360
 So they are meeting that intent.

1918
02:18:13,360 --> 02:18:18,080
 They are also minimizing at first environmental impacts to the site.

1919
02:18:18,080 --> 02:18:22,080
 As I mentioned, there is floodplain, undeveloped floodplain in Riparian.

1920
02:18:22,080 --> 02:18:28,840
 If you look at the graphic on this, kind of the little eastern part of my slide, these

1921
02:18:28,840 --> 02:18:31,920
 are the boundaries that are existing today.

1922
02:18:31,920 --> 02:18:37,120
 They could propose to revise those boundaries, however, they've chosen to stay out of that

1923
02:18:37,120 --> 02:18:38,200
 area completely.

1924
02:18:38,200 --> 02:18:43,080
 This is an approximately two-acre area.

1925
02:18:43,080 --> 02:18:49,920
 There is heavy canopy, and that area outside the floodplain is what they are preserving

1926
02:18:49,920 --> 02:18:53,200
 to meet their minimum tree preservation requirements.

1927
02:18:53,200 --> 02:18:57,120
 And then as we spoke about in work session, they did complete their downstream assessment

1928
02:18:57,120 --> 02:19:07,280
 to ensure that any flow of drainage, if not detained, would not impact severely the floodplain.

1929
02:19:07,280 --> 02:19:10,040
 I'll briefly touch on the surrounding area.

1930
02:19:10,040 --> 02:19:13,840
 I know a lot of this is repetitious.

1931
02:19:13,840 --> 02:19:20,080
 The R7 district, along with that future land use, does support that compatibility of, or

1932
02:19:20,080 --> 02:19:26,360
 that transition, I should say, from single-family residential neighborhoods to higher-intensity

1933
02:19:26,360 --> 02:19:27,360
 mixed use.

1934
02:19:27,360 --> 02:19:35,080
 So as you can see, again, just by the zoning and by the existing uses that, while it's

1935
02:19:35,080 --> 02:19:41,240
 a higher density, the area to the east, it does transition down from higher density down

1936
02:19:41,240 --> 02:19:49,160
 to lower density, R4, R3, it does provide that buffer between the more commercialized

1937
02:19:49,160 --> 02:19:52,800
 area within the SC zoning district.

1938
02:19:52,800 --> 02:19:59,040
 Again, I won't touch on this, I have already covered these points, but the last thing I

1939
02:19:59,040 --> 02:20:01,680
 did want to mention is that residential scale.

1940
02:20:01,680 --> 02:20:07,000
 So the R7 district is one of our residential zoning districts, which means it does maintain

1941
02:20:07,000 --> 02:20:08,880
 that maximum height of 40 feet.

1942
02:20:08,880 --> 02:20:15,600
 So that is a height that a homeowner in R2 would be restricted to, as well as in R3 or

1943
02:20:15,600 --> 02:20:16,600
 R4.

1944
02:20:16,600 --> 02:20:22,640
 So the R7 district does also maintain that 40-foot maximum, as well as a 10-foot setback.

1945
02:20:22,640 --> 02:20:30,000
 The development is proposing between a 10-to-20-foot setback from the right-of-way while also providing

1946
02:20:30,000 --> 02:20:36,800
 that landscaping to make sure that it's not too or vastly different from the surrounding

1947
02:20:36,800 --> 02:20:37,800
 area.

1948
02:20:37,800 --> 02:20:46,220
 Last, just building coverage, the maximum 65%, they are only proposing 19%.

1949
02:20:46,220 --> 02:20:49,320
 So a TIA was conducted for this development.

1950
02:20:49,320 --> 02:20:55,000
 There is only an increase of 1,400 trips, roughly, within a 24-hour period.

1951
02:20:55,000 --> 02:21:02,400
 However, as I mentioned earlier, the expansion of East McKinney Street does take into consideration

1952
02:21:02,400 --> 02:21:08,680
 increased trips, not only from this development, but future development within the undeveloped

1953
02:21:08,680 --> 02:21:12,440
 areas on East McKinney Street.

1954
02:21:12,440 --> 02:21:19,240
 So again, expanding from a two-lane to a four-lane with a continuous center turn lane, as well

1955
02:21:19,240 --> 02:21:27,200
 as those mixed-use path and sidewalk, also, again, next to transit, so it is providing

1956
02:21:27,200 --> 02:21:29,600
 that multimodal component.

1957
02:21:29,600 --> 02:21:35,520
 The recommendation I want to point out from the TIA did indicate that a right-turn D-cell

1958
02:21:35,520 --> 02:21:40,480
 lane would be required for this site due to the increased traffic.

1959
02:21:40,480 --> 02:21:46,200
 So they have provided that on their site plan, as well as making sure that that secondary

1960
02:21:46,200 --> 02:21:53,760
 access is actually for exit only to just reduce any conflicts on that roadway.

1961
02:21:53,760 --> 02:21:59,400
 They do have access to water and wastewater via the improvements on East McKinney Street.

1962
02:21:59,400 --> 02:22:04,680
 They are within one-fourth mile of open space.

1963
02:22:04,680 --> 02:22:06,480
 It has not been developed yet.

1964
02:22:06,480 --> 02:22:12,000
 I believe, when speaking with parks, that is still about three to five years out tentatively.

1965
02:22:12,000 --> 02:22:18,520
 However, they are providing some on-site facilities that would help residents with that active

1966
02:22:18,520 --> 02:22:26,200
 and passive recreation, as well as exceeding that 8% dedicated land area for that.

1967
02:22:26,200 --> 02:22:30,520
 We did reach out to DISD about the increase or the heavy increase in students based on

1968
02:22:30,520 --> 02:22:33,160
 this development.

1969
02:22:33,160 --> 02:22:37,120
 They did indicate that while there is increased capacity that they would be able to accommodate

1970
02:22:37,120 --> 02:22:41,800
 it and they don't see any concerns with the development.

1971
02:22:41,800 --> 02:22:47,280
 We did reach out to those within 200 and 500 feet of the site and did not receive any responses

1972
02:22:47,280 --> 02:22:49,080
 as of today.

1973
02:22:49,080 --> 02:22:50,840
 There were no neighborhood meetings held.

1974
02:22:50,840 --> 02:22:55,840
 However, the applicant did reach out individually to some of these property owners.

1975
02:22:55,840 --> 02:23:03,840
 I forgot to mention during work session that they have applied for a housing tax credit

1976
02:23:03,840 --> 02:23:06,800
 with the city to provide affordable housing.

1977
02:23:06,800 --> 02:23:11,320
 However, I believe they're still within that process and has not been approved yet by the

1978
02:23:11,320 --> 02:23:16,240
 city, but that is a separate but applicable issue that has come up with this project.

1979
02:23:16,240 --> 02:23:20,080
 You might have heard of it already or have been reached out to, so I just want to make

1980
02:23:20,080 --> 02:23:23,720
 sure that I pointed that out.

1981
02:23:23,720 --> 02:23:28,620
 With that, staff is just proposing approval with some conditions.

1982
02:23:28,620 --> 02:23:34,280
 These are mostly administrative, so the attached site plan and landscape plan would be the

1983
02:23:34,280 --> 02:23:42,040
 approving exhibits if it were to be approved with the allowance that there would be some

1984
02:23:42,040 --> 02:23:49,320
 administrative allowances to edit maybe some species or one or two trees here and there

1985
02:23:49,320 --> 02:23:53,720
 as it develops during the development review process.

1986
02:23:53,720 --> 02:23:54,720
 I won't go into it.

1987
02:23:54,720 --> 02:23:58,840
 It's pretty standard language for most of our items.

1988
02:23:58,840 --> 02:24:03,320
 Then second would be the incorporation of those specific design elements in this site,

1989
02:24:03,320 --> 02:24:10,560
 which would include the unit number, the amenities provided, open space, the total parking.

1990
02:24:10,560 --> 02:24:17,920
 I see the error here, but that should be 519, and then design elements.

1991
02:24:17,920 --> 02:24:20,800
 With that, I can take any questions.

1992
02:24:20,800 --> 02:24:26,280
 The applicant is on the line, but I believe does not have a presentation.

1993
02:24:26,280 --> 02:24:27,960
 Thank you, Karina.

1994
02:24:27,960 --> 02:24:30,480
 It looks like we do have a question.

1995
02:24:30,480 --> 02:24:31,480
 Commissioner Beck.

1996
02:24:31,480 --> 02:24:33,640
 Thank you, Chair.

1997
02:24:33,640 --> 02:24:40,840
 I'm going to preface all my statements with this is a great general concept with great

1998
02:24:40,840 --> 02:24:43,640
 everything except for building five.

1999
02:24:43,640 --> 02:24:51,880
 I actually really love everything about the R7 densities, the deceleration lane, the multifamily,

2000
02:24:51,880 --> 02:24:52,880
 the affordable housing.

2001
02:24:52,880 --> 02:24:54,320
 I mean, this is over and over and over.

2002
02:24:54,320 --> 02:24:57,360
 There's so many elements of this that are really great.

2003
02:24:57,360 --> 02:25:03,800
 My question for staff concerns, and I know that you all are not Gary Packin, but I realize

2004
02:25:03,800 --> 02:25:10,520
 that you also do know a lot of the parks and trail development criteria.

2005
02:25:10,520 --> 02:25:16,800
 I know that in the long-term mobility plan that includes the trails that run through

2006
02:25:16,800 --> 02:25:23,320
 what will eventually become Pebble Brook and then potentially there along the creek, extending

2007
02:25:23,320 --> 02:25:30,080
 into this city public facility property that abuts.

2008
02:25:30,080 --> 02:25:37,760
 Can you refresh my memory as to the size and scope of side paths and easements in flood

2009
02:25:37,760 --> 02:25:41,480
 pain that are allowed for trails?

2010
02:25:41,480 --> 02:25:46,480
 Because the creek is right there up against the property and so how much, there's not

2011
02:25:46,480 --> 02:25:49,880
 a lot of space in there if we wanted to extend a trail.

2012
02:25:49,880 --> 02:25:55,360
 I guess we could do it on the south side, but can you just refresh my memory on the

2013
02:25:55,360 --> 02:25:57,000
 amount of easement you need?

2014
02:25:57,000 --> 02:25:58,000
 Yeah, sure.

2015
02:25:58,000 --> 02:26:02,560
 Obviously, I'm not parks and I don't know the day-to-day to how they operate on this,

2016
02:26:02,560 --> 02:26:09,360
 but we have had a couple of conversations for a different development that kind of,

2017
02:26:09,360 --> 02:26:15,160
 the answers kind of carry over to this one as well.

2018
02:26:15,160 --> 02:26:20,800
 In order for a trail to be put in, I believe at a very minimum, at sometimes all they need

2019
02:26:20,800 --> 02:26:22,760
 is for a mowed area.

2020
02:26:22,760 --> 02:26:24,400
 I don't believe it's very large.

2021
02:26:24,400 --> 02:26:30,760
 I want to say between eight to 10 feet or maybe a slightly larger, but I would say no

2022
02:26:30,760 --> 02:26:35,520
 more than 15 feet and that would be similar to those multi-use paths.

2023
02:26:35,520 --> 02:26:40,120
 Again, I would need to confirm that with Gary and his team.

2024
02:26:40,120 --> 02:26:45,680
 However, just to start a trail within that area, I believe at a very minimum, they would

2025
02:26:45,680 --> 02:26:51,600
 need some sort of trailhead as well as a mowed access within there.

2026
02:26:51,600 --> 02:26:57,240
 As far as when that would come into play for this development, I'm not sure I have that

2027
02:26:57,240 --> 02:27:02,280
 information, but easements, it's city property, so we typically don't see easements over a

2028
02:27:02,280 --> 02:27:05,880
 city-owned property.

2029
02:27:05,880 --> 02:27:10,120
 In that case, the parks owns Pebblebrook open space and they do own the property just south

2030
02:27:10,120 --> 02:27:16,160
 of this in order to claim that floodplain area, in order to preserve that area of Pecan

2031
02:27:16,160 --> 02:27:17,160
 Creek.

2032
02:27:17,160 --> 02:27:20,280
 So, easements I don't believe are needed.

2033
02:27:20,280 --> 02:27:22,560
 The width, I'll have to confirm that.

2034
02:27:22,560 --> 02:27:27,360
 I don't believe it's too much.

2035
02:27:27,360 --> 02:27:32,000
 I'd have to go back and confirm the distance, but I believe there's at least 200 feet between

2036
02:27:32,000 --> 02:27:39,200
 the property line and the creek, which again is two acres south of the actual buildings.

2037
02:27:39,200 --> 02:27:44,520
 So, I know there's a significant buffer, I don't know the exact distance.

2038
02:27:44,520 --> 02:27:50,520
 I'm not sure if I fully answered your question, so feel free to loop me back around.

2039
02:27:50,520 --> 02:27:57,960
 Well, okay, so I only have one, again, it's unfair to ask you because you're not Gary,

2040
02:27:57,960 --> 02:28:07,480
 but do you happen to know for an improved trail what the size requirements are?

2041
02:28:07,480 --> 02:28:10,080
 Because you were describing an unimproved trail.

2042
02:28:10,080 --> 02:28:16,280
 Yeah, unimproved, I don't have the standards for that, I'm not sure if Richard can jump

2043
02:28:16,280 --> 02:28:17,280
 in on that.

2044
02:28:17,280 --> 02:28:26,120
 I want to say for multi-path or multi-use trail improved, I think it was around 20 feet.

2045
02:28:26,120 --> 02:28:36,160
 So, all right, well, I'll end, and for this section, was saying that, like I said at the

2046
02:28:36,160 --> 02:28:38,480
 beginning, I love every element about this.

2047
02:28:38,480 --> 02:28:43,160
 I really think this is a good development in a good location, and the engineers, Kimley

2048
02:28:43,160 --> 02:28:48,480
 Horne, are doing everything right except for that parking lot in building five.

2049
02:28:48,480 --> 02:28:54,040
 And I just wish that they, so I actually, it brings to mind one extra question for you,

2050
02:28:54,040 --> 02:29:02,760
 and that is, given that the site plan will be the operating guidelines by which you can

2051
02:29:02,760 --> 02:29:11,520
 adjust slightly as you describe in your recommendations, what are the limits of that slight adjustment?

2052
02:29:11,520 --> 02:29:15,080
 Can the building footprint be moved any at all?

2053
02:29:15,080 --> 02:29:20,920
 The footprint, excuse me, could be moved slightly as long as the square footage of the total

2054
02:29:20,920 --> 02:29:23,160
 footprint isn't changed.

2055
02:29:23,160 --> 02:29:25,440
 So the building coverage area is unchanged.

2056
02:29:25,440 --> 02:29:29,080
 So they can make some slight adjustments as long as it's not significant.

2057
02:29:29,080 --> 02:29:34,480
 And then related to parking, again, it's not a significant change, anything less than 5%.

2058
02:29:34,480 --> 02:29:39,760
 And I believe that that's listed in the conditions.

2059
02:29:39,760 --> 02:29:44,360
 Okay, thank you.

2060
02:29:44,360 --> 02:29:54,280
 Any other questions for Karina, and just to confirm there's no public comment, correct?

2061
02:29:54,280 --> 02:29:55,280
 No.

2062
02:29:55,280 --> 02:30:02,040
 I will go ahead and close the public hearing and turn it to the commission for motion and

2063
02:30:02,040 --> 02:30:03,200
 then discussion.

2064
02:30:03,200 --> 02:30:04,200
 Commissioner Smith.

2065
02:30:04,200 --> 02:30:06,160
 Make a motion to approve.

2066
02:30:06,160 --> 02:30:09,080
 We have a first for approval.

2067
02:30:09,080 --> 02:30:11,000
 Commissioner Cole?

2068
02:30:11,000 --> 02:30:12,000
 Second.

2069
02:30:12,000 --> 02:30:16,580
 We have a first and a second for approval.

2070
02:30:16,580 --> 02:30:20,760
 Just to clarify, Commissioner Smith, are you including the staff's conditions under your

2071
02:30:20,760 --> 02:30:21,760
 recommendation?

2072
02:30:21,760 --> 02:30:22,760
 I am.

2073
02:30:22,760 --> 02:30:26,160
 Okay, and Commissioner Cole, you're okay with that?

2074
02:30:26,160 --> 02:30:27,160
 Yes.

2075
02:30:27,160 --> 02:30:28,160
 Okay.

2076
02:30:28,160 --> 02:30:30,400
 And then discussion, we can start with Commissioner Ellis.

2077
02:30:30,400 --> 02:30:33,040
 Thank you, Chair.

2078
02:30:33,040 --> 02:30:39,120
 Just to clarify, do we need to mention that the parking spaces as we saw there in the

2079
02:30:39,120 --> 02:30:40,120
 recommendations needs to be adjusted?

2080
02:30:40,120 --> 02:30:47,800
 We can certainly make a note, it needs to be 519, not 523, correct?

2081
02:30:47,800 --> 02:30:48,800
 Yes.

2082
02:30:48,800 --> 02:30:49,800
 Okay.

2083
02:30:49,800 --> 02:30:52,120
 And the bicycle was the same or did that change as well?

2084
02:30:52,120 --> 02:30:53,120
 No, that is the same.

2085
02:30:53,120 --> 02:30:54,120
 Okay.

2086
02:30:54,120 --> 02:30:55,120
 Thank you.

2087
02:30:55,120 --> 02:30:56,760
 Thanks for that clarification.

2088
02:30:56,760 --> 02:30:59,520
 Any discussion on this item?

2089
02:30:59,520 --> 02:31:02,200
 Commissioner Bec?

2090
02:31:02,200 --> 02:31:05,320
 You just, yeah.

2091
02:31:05,320 --> 02:31:08,320
 Yeah, I muted myself.

2092
02:31:08,320 --> 02:31:10,640
 Sorry about that.

2093
02:31:10,640 --> 02:31:17,160
 Well, you closed the public hearing, so I was actually going to ask the engineer's question,

2094
02:31:17,160 --> 02:31:18,160
 but...

2095
02:31:18,160 --> 02:31:22,680
 You can certainly ask your question, there's not having any public comment.

2096
02:31:22,680 --> 02:31:23,680
 Okay.

2097
02:31:23,680 --> 02:31:28,920
 So, are the engineers on the line or the property owner representatives on the line?

2098
02:31:28,920 --> 02:31:35,160
 Yes, we do have the development team, so the developer and his consultants are available

2099
02:31:35,160 --> 02:31:38,640
 for questions.

2100
02:31:38,640 --> 02:31:39,640
 Yes sir.

2101
02:31:39,640 --> 02:31:40,640
 This is Jack Treger.

2102
02:31:40,640 --> 02:31:45,120
 I'm with the development, legacy development, and we also have Jared Ernie, who's with Kimley

2103
02:31:45,120 --> 02:31:47,480
 Horn, and they are the engineers on the project.

2104
02:31:47,480 --> 02:31:49,040
 And we also have the architects as well.

2105
02:31:49,040 --> 02:31:55,680
 Mark Guest represents Hodges Associates, and we have our landscape architect Amanda Lim

2106
02:31:55,680 --> 02:31:56,680
 on the line.

2107
02:31:56,680 --> 02:32:03,960
 So, I guess my question to you, Mr. Treger, or your team, or whoever wants to answer is,

2108
02:32:03,960 --> 02:32:14,160
 given the flexibility that the staff described, would you be willing to work to the length

2109
02:32:14,160 --> 02:32:21,640
 of that flexibility to move your footprint eastward and, well, really just predominantly

2110
02:32:21,640 --> 02:32:28,840
 eastward as much as that flexibility would allow, or is that something you couldn't entertain?

2111
02:32:28,840 --> 02:32:35,040
 I know that there's 30 feet between the two buildings, I'm not sure how much we could

2112
02:32:35,040 --> 02:32:37,080
 move those buildings.

2113
02:32:37,080 --> 02:32:44,680
 One thing I did want to point out to you is that it's situated the way that it is, but

2114
02:32:44,680 --> 02:32:48,160
 I think the architect's probably a better person to talk about this.

2115
02:32:48,160 --> 02:32:50,840
 Mark, do you want to address it?

2116
02:32:50,840 --> 02:32:57,400
 Yes, this is Mark Guest, I'm with Hodges Architecture, the architect, and one of the reasons why we

2117
02:32:57,400 --> 02:33:03,840
 located building four and building five where they are is, for one, is to line up the open

2118
02:33:03,840 --> 02:33:08,240
 space with the resort style pool across the parking area.

2119
02:33:08,240 --> 02:33:15,360
 In fact, we have also additionally created an enhanced and widened pathway between the

2120
02:33:15,360 --> 02:33:18,200
 two across that parking area.

2121
02:33:18,200 --> 02:33:24,240
 But the biggest reason is to the east, which is planned south, there's a rather large open

2122
02:33:24,240 --> 02:33:26,960
 space that contains the dog park.

2123
02:33:26,960 --> 02:33:33,160
 There are a number of very viable trees that we chose to save in that location, which is

2124
02:33:33,160 --> 02:33:42,200
 also part of what Marina very effectively described was how we are staying way above

2125
02:33:42,200 --> 02:33:45,400
 the tree preservation numbers.

2126
02:33:45,400 --> 02:33:52,800
 And as Jack mentioned, we are trying to maintain the 30 feet between the two buildings, which

2127
02:33:52,800 --> 02:34:04,920
 allows us for maximum area and openings in the building for not only windows, but balconies.

2128
02:34:04,920 --> 02:34:11,840
 The other thing that we wanted to stress is that we are staying about 200 feet away from

2129
02:34:11,840 --> 02:34:20,560
 the floodplain line with the building, and that one of the issues that Mr. Beck brought

2130
02:34:20,560 --> 02:34:26,860
 up were the accessory structures that line that drive in the parking area.

2131
02:34:26,860 --> 02:34:35,600
 Those are carports, so they are not full structures in the vein of a detached garage or storage

2132
02:34:35,600 --> 02:34:37,580
 units or any of that nature.

2133
02:34:37,580 --> 02:34:42,520
 So it is just basically covered parking for the cars.

2134
02:34:42,520 --> 02:34:48,080
 And then we did a very good job at describing the fact that we were trying to maintain as

2135
02:34:48,080 --> 02:35:00,840
 much open space along the floodplains as we could and still get the numbers in if we needed.

2136
02:35:00,840 --> 02:35:03,300
 Okay.

2137
02:35:03,300 --> 02:35:05,300
 Thank you, Mr. Trager.

2138
02:35:05,300 --> 02:35:08,200
 One more quick question for staff, if I may, Chair?

2139
02:35:08,200 --> 02:35:19,080
 The floor is still yours.

2140
02:35:19,080 --> 02:35:25,880
 Thank you.

2141
02:35:25,880 --> 02:35:32,960
 They've actually requested a parking reduction, so the actual parking required, I believe,

2142
02:35:32,960 --> 02:35:41,680
 is a little bit higher, around 5, I'll get the number, but it's a smidge higher.

2143
02:35:41,680 --> 02:35:48,520
 So they've requested a 10% reduction and then are meeting that.

2144
02:35:48,520 --> 02:35:51,160
 So they've reduced the minimum parking.

2145
02:35:51,160 --> 02:35:56,000
 Okay, thank you.

2146
02:35:56,000 --> 02:35:57,000
 That's all I have.

2147
02:35:57,000 --> 02:35:58,000
 Thank you, Chair.

2148
02:35:58,000 --> 02:35:59,000
 Any other discussion?

2149
02:35:59,000 --> 02:36:04,520
 We have a first and a second on the floor for approval with conditions noting the parking

2150
02:36:04,520 --> 02:36:05,520
 space correction.

2151
02:36:05,520 --> 02:36:06,520
 Any other discussion?

2152
02:36:06,520 --> 02:36:07,520
 Commissioner Ellis.

2153
02:36:07,520 --> 02:36:08,520
 Thank you, Chair.

2154
02:36:08,520 --> 02:36:09,520
 Back to that.

2155
02:36:09,520 --> 02:36:20,540
 Karina, on the slide that you just had a bit ago, you had 519 spaces and 28 bike spaces,

2156
02:36:20,540 --> 02:36:25,600
 and so the bike is different than the recommendation in writing, so we probably just need to figure

2157
02:36:25,600 --> 02:36:35,040
 out because we've got 32 on there.

2158
02:36:35,040 --> 02:36:41,160
 So the number should be 519 vehicular parking spaces and 20 bicycle spaces.

2159
02:36:41,160 --> 02:36:42,160
 I apologize.

2160
02:36:42,160 --> 02:36:43,160
 Okay.

2161
02:36:43,160 --> 02:36:44,160
 Thank you.

2162
02:36:44,160 --> 02:36:47,060
 Thanks for catching that, Commissioner Ellis.

2163
02:36:47,060 --> 02:36:51,680
 With that, I'll go ahead and call for a vote via roll call, starting with Commissioner

2164
02:36:51,680 --> 02:36:52,680
 Ellis.

2165
02:36:52,680 --> 02:36:53,680
 Aye.

2166
02:36:53,680 --> 02:36:58,760
 Commissioner Beck.

2167
02:36:58,760 --> 02:37:03,400
 For all the reasons that it's a great development, I'm going to be forgiving on the fact that

2168
02:37:03,400 --> 02:37:07,760
 I think that we're going to flood, and again, I'll just put a pin in it.

2169
02:37:07,760 --> 02:37:09,680
 This is going to be a flood issue.

2170
02:37:09,680 --> 02:37:13,580
 It's going to have downstream issues, but it is an otherwise really good development,

2171
02:37:13,580 --> 02:37:18,760
 so I'm going to -- I'm very torn, but I'll -- yes.

2172
02:37:18,760 --> 02:37:19,760
 Aye.

2173
02:37:19,760 --> 02:37:20,760
 Commissioner Anderson.

2174
02:37:20,760 --> 02:37:21,760
 Aye.

2175
02:37:21,760 --> 02:37:23,880
 Commissioner Pernetta.

2176
02:37:23,880 --> 02:37:24,880
 Aye.

2177
02:37:24,880 --> 02:37:25,880
 Commissioner Cole.

2178
02:37:25,880 --> 02:37:26,880
 Aye.

2179
02:37:26,880 --> 02:37:27,880
 Commissioner Smith.

2180
02:37:27,880 --> 02:37:28,880
 Aye.

2181
02:37:28,880 --> 02:37:33,320
 Chair is also an aye.

2182
02:37:33,320 --> 02:37:34,320
 Motion carries 7-0.

2183
02:37:34,320 --> 02:37:35,320
 Congratulations.

2184
02:37:35,320 --> 02:37:42,160
 That brings us to the last item for the agenda this evening, which is the plan and zoning

2185
02:37:42,160 --> 02:37:43,160
 project matrix.

2186
02:37:43,160 --> 02:37:48,800
 I'll turn it over to Richard for any updates and then to Dias for discussion.

2187
02:37:48,800 --> 02:37:52,480
 Absolutely no updates on the matrix, other than we will have that work session at the

2188
02:37:52,480 --> 02:37:58,760
 next meeting to talk about small area plans, as well as we had a boot camp item on variances

2189
02:37:58,760 --> 02:38:05,360
 and nonconformity, so that will be an action-packed meeting in two weeks.

2190
02:38:05,360 --> 02:38:11,960
 The only other items that I'll want to update the commission on is some of the council actions

2191
02:38:11,960 --> 02:38:13,640
 that they took last night.

2192
02:38:13,640 --> 02:38:20,440
 One, they did approve the razor ranch overlay, the standards related to that last amendment

2193
02:38:20,440 --> 02:38:22,320
 that we had some time ago.

2194
02:38:22,320 --> 02:38:23,880
 There was a delay in going to council.

2195
02:38:23,880 --> 02:38:28,400
 We wanted to make sure that there was a separate park agreement while not necessarily associated

2196
02:38:28,400 --> 02:38:29,520
 with it.

2197
02:38:29,520 --> 02:38:34,120
 We wanted to make sure those were in concert together when they went to council, so that's

2198
02:38:34,120 --> 02:38:36,920
 why there was such a long period in between.

2199
02:38:36,920 --> 02:38:45,680
 The only other item relative to the commission is the DCRC ordinance was adopted as well

2200
02:38:45,680 --> 02:38:47,560
 as the appointments.

2201
02:38:47,560 --> 02:38:54,440
 If you recall, we had discussed that here, the appointments for P&Z, being the chair,

2202
02:38:54,440 --> 02:38:58,640
 vice-chair, and Commissioner Smith.

2203
02:38:58,640 --> 02:39:08,040
 There is an initial term that goes to, I believe it's August, and then there's the first term

2204
02:39:08,040 --> 02:39:10,440
 start after that.

2205
02:39:10,440 --> 02:39:15,720
 Other than that, those were the only items that council took action on.

2206
02:39:15,720 --> 02:39:17,080
 Great.

2207
02:39:17,080 --> 02:39:22,400
 Any items to add to the matrix or discussion?

2208
02:39:22,400 --> 02:39:27,940
 The only thing I have real fast is, do we know if there's any momentum on getting this

2209
02:39:27,940 --> 02:39:31,560
 shot clock bill fought against at the state level?

2210
02:39:31,560 --> 02:39:34,260
 Is there anything going on with that?

2211
02:39:34,260 --> 02:39:36,880
 I have not heard anything.

2212
02:39:36,880 --> 02:39:43,840
 There were some grumblings that I heard some of the builders' groups were looking at making

2213
02:39:43,840 --> 02:39:48,000
 some recommended changes, but I have yet to see that.

2214
02:39:48,000 --> 02:39:54,220
 There was one bill related to, I think out there, related to changes to 212, but it really

2215
02:39:54,220 --> 02:39:58,240
 had nothing to do with the shot clock.

2216
02:39:58,240 --> 02:39:59,240
 Great.

2217
02:39:59,240 --> 02:40:00,240
 Christopher?

2218
02:40:00,240 --> 02:40:06,200
 So, to that end, and that's a good point because I believe they're in session for what, another

2219
02:40:06,200 --> 02:40:09,000
 four months, three months?

2220
02:40:09,000 --> 02:40:16,920
 Would it be in any way advantageous to have staff present something to council that they

2221
02:40:16,920 --> 02:40:23,600
 could possibly pitch to someone at state level to do something about that?

2222
02:40:23,600 --> 02:40:28,440
 I'll double check to see if that was part of, we had a sort of our own legislative agenda

2223
02:40:28,440 --> 02:40:31,080
 that was brought forward.

2224
02:40:31,080 --> 02:40:37,720
 I will check to make sure, I just don't recall off the top of my head, but I can have that.

2225
02:40:37,720 --> 02:40:42,960
 I could forward that to the members just so they're aware of what that is or what that

2226
02:40:42,960 --> 02:40:43,960
 was.

2227
02:40:43,960 --> 02:40:46,480
 And if not, that's certainly something we could bring up.

2228
02:40:46,480 --> 02:40:47,480
 Excellent.

2229
02:40:47,480 --> 02:40:52,160
 Yeah, because I highly doubt we're the only growing town that has a problem or has run

2230
02:40:52,160 --> 02:40:54,920
 into problems with that as it's written right now.

2231
02:40:54,920 --> 02:40:55,920
 So cool.

2232
02:40:55,920 --> 02:40:56,920
 Thank you.

2233
02:40:56,920 --> 02:40:57,920
 Yeah.

2234
02:40:57,920 --> 02:40:58,920
 Across the state.

2235
02:40:58,920 --> 02:40:59,920
 Great.

2236
02:40:59,920 --> 02:41:03,320
 Any other items for the matrix?

2237
02:41:03,320 --> 02:41:04,320
 All right.

2238
02:41:04,320 --> 02:41:08,600
 Oh, Christopher Beck?

2239
02:41:08,600 --> 02:41:14,780
 Not for the matrix, but I wanted to congratulate Commissioner Ellis for maintaining our gender

2240
02:41:14,780 --> 02:41:16,720
 diversity on this commission.

2241
02:41:16,720 --> 02:41:22,540
 So getting re-appointed to the commission and that's excellent, congratulations Commissioner

2242
02:41:22,540 --> 02:41:24,360
 Ellis.

2243
02:41:24,360 --> 02:41:28,920
 Thank you very much, Commissioner Beck, I appreciate it.

2244
02:41:28,920 --> 02:41:29,920
 All right.

2245
02:41:29,920 --> 02:41:33,060
 With that, I'll go ahead and close the meeting at 8.14.

2246
02:41:33,060 --> 02:41:34,760
 Thank you everyone for a great meeting.

2247
02:41:34,760 --> 02:41:35,760
 We'll see you next time.

2248
02:41:35,760 --> 02:41:36,760
 Thanks.

2249
02:41:36,760 --> 02:41:37,000
 Bye, y'all.