WEBVTT

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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.

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 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.

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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.

00:13:53.480 --> 00:13:54.480
 Okay.

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 Appreciate it.

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 Thank you, Chair.

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 Haley, I'm just curious if you talk to the HOA at all.

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

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 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.

00:14:21.360 --> 00:14:22.360
 Okay.

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 Appreciate it.

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 I was just curious.

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 Thank you.

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.

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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

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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.

00:14:55.800 --> 00:14:58.760
 Chairman, on the record, we have to state the reason we're going into closed session.

00:14:58.760 --> 00:15:05.680
 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.

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.

00:15:21.720 --> 00:15:27.440
 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.

00:15:51.700 --> 00:16:06.240
 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

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 Martino property, and diving right into it, this site is located at the intersection of

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 Western Boulevard and Jim Crystal Road.

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 It's about 104 acres, and there was a preliminary plat that was approved on January 6th, and

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 there are two projects under review at the moment.

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 The request is to temporarily disturb 0.4 acres of riparian buffer ESA.

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 The riparian buffer is part of a tributary of Dry Fork Hickory Creek, and there was an

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 ephemeral stream that was found to be fair, and then a remnant stream that is alongside

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 of the ephemeral stream that is feeding that tributary.

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 They call this a remnant stream because it receives stormwater flows at times and continues

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 to support riparian vegetation.

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 There was two other tributaries to this corner of the property, but at the time that Western

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 Boulevard was constructed, these areas were channelized and are no longer riparian areas.

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 The floodplain was also found to be undeveloped within this area.

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 The disturbance and the overall project is to construct two stormwater outfall structures

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 that will serve the warehouse that is proposed to be constructed on the property.

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 This will cause for the applicant to have to remove the riparian vegetation within this

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 corner, and I just want to bring to your attention that the placement of utilities and undeveloped

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

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 that would be disturbed.

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 The entire area, the undeveloped floodplain and the riparian buffers would be revegetated

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 with a mix of drain field and riparian vegetation to help recover the vegetation that supports

00:19:01.080 --> 00:19:04.080
 this stream.

00:19:04.080 --> 00:19:16.480
 Notifications were sent, and there was one response in favor of the project, and there

00:19:16.480 --> 00:19:24.520
 was a neighborhood meeting on March 4th, and one attendee at the neighborhood meeting who

00:19:24.520 --> 00:19:29.200
 also spoke in favor of the project.

00:19:29.200 --> 00:19:35.640
 The staff is recommending approval of this project with the following conditions, that

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.

00:19:42.800 --> 00:19:49.000
 Time 14 days of following the construction of the stormwater infrastructure that the

00:19:49.000 --> 00:19:58.240
 applicant revegetates with the vegetation as described in the plan, and number three

00:19:58.240 --> 00:20:06.120
 and number four, the typical request that staff places to ensure that the restoration

00:20:06.120 --> 00:20:19.280
 occurs in a manner that would, final acceptance, sorry, I'm really stumbling over that one

00:20:19.280 --> 00:20:20.280
 today.

00:20:20.280 --> 00:20:24.200
 Okay, and with that, I will take any questions.

00:20:24.200 --> 00:20:25.200
 Great.

00:20:25.200 --> 00:20:26.460
 Thanks, Kristy.

00:20:26.460 --> 00:20:27.460
 Any questions?

00:20:27.460 --> 00:20:30.460
 Commissioner Beck.

00:20:30.460 --> 00:20:33.880
 You knew there would be a question from Commissioner Beck for Kristy.

00:20:33.880 --> 00:20:36.520
 Kristy knows it at this point.

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

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.

00:20:51.120 --> 00:20:52.880
 You can see that a lot of work went into that.

00:20:52.880 --> 00:20:57.840
 So I want to applaud both the staff and the engineers just by lead in.

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,

00:21:04.200 --> 00:21:08.760
 the western boundary drainage that's no longer riparian, the two channelized things.

00:21:08.760 --> 00:21:12.440
 I mean, it's not like the elevations have gone away.

00:21:12.440 --> 00:21:20.000
 They're just not classified as ESAs and riparian and upland drainages anymore.

00:21:20.000 --> 00:21:26.800
 But stormwater is still going to run into that.

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

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

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.

00:21:47.280 --> 00:21:49.640
 I guess I see a lot of work going in.

00:21:49.640 --> 00:21:55.320
 I'm just kind of asking for clarification that we don't expect stormwater issues on

00:21:55.320 --> 00:21:57.960
 this.

00:21:57.960 --> 00:22:00.680
 So I think I understand your question.

00:22:00.680 --> 00:22:09.560
 You're asking once they complete the construction of the storm drainage outfalls, that the channel

00:22:09.560 --> 00:22:15.800
 that is receiving the stormwater wouldn't become scoured out and eroded?

00:22:15.800 --> 00:22:16.800
 Is that what you're asking?

00:22:16.800 --> 00:22:17.800
 Exactly.

00:22:17.800 --> 00:22:18.800
 Yes, perfect.

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

00:22:28.120 --> 00:22:33.560
 compliance plan currently under review and a civil plan under review.

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

00:22:41.440 --> 00:22:46.600
 detention adjacent to the floodplain.

00:22:46.600 --> 00:22:52.600
 So that detention will be receiving the stormwater actually from the warehouse.

00:22:52.600 --> 00:22:59.480
 And then these outfalls are the outfall of the detention.

00:22:59.480 --> 00:23:07.680
 And that will, the detention design will meet the criteria outlined in ISWM.

00:23:07.680 --> 00:23:08.680
 Great.

00:23:08.680 --> 00:23:09.680
 Thank you.

00:23:09.680 --> 00:23:10.680
 I appreciate that.

00:23:10.680 --> 00:23:14.720
 Any other questions for Kristi?

00:23:14.720 --> 00:23:26.000
 All right, seeing none, we'll move to the next item is item 4C, Z20-0006A.

00:23:26.000 --> 00:23:30.600
 This is Julie Wyatt's item.

00:23:30.600 --> 00:23:56.800
 Julie, whenever you're ready.

00:23:56.800 --> 00:24:01.240
 She's pulling it up.

00:24:01.240 --> 00:24:15.780
 All right, I am pulling up my presentation.

00:24:15.780 --> 00:24:17.480
 Here we go.

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.

00:24:26.560 --> 00:24:32.520
 Z20-0006A, BCCC to you this evening.

00:24:32.520 --> 00:24:37.920
 So the request is for a rezoning for the subject property from Light Industrial District to

00:24:37.920 --> 00:24:39.320
 Heavy Industrial District.

00:24:39.320 --> 00:24:41.960
 The subject property kind of has an irregular boundary.

00:24:41.960 --> 00:24:44.440
 It is outlined here in yellow.

00:24:44.440 --> 00:24:50.960
 It is adjacent to I-35W, just west of that, and south of Airport Road.

00:24:50.960 --> 00:24:55.080
 A portion of the property is used for parking for tractor trailers.

00:24:55.080 --> 00:24:57.960
 The remainder is undeveloped.

00:24:57.960 --> 00:25:05.480
 The surrounding land uses include warehouses, some distribution, commercial uses, some freight

00:25:05.480 --> 00:25:13.200
 uses, Light Industrial, as well as some athletic facilities to the east of the subject property.

00:25:13.200 --> 00:25:18.520
 And the purpose is to facilitate the development of a high-impact manufacturing use that they

00:25:18.520 --> 00:25:24.440
 would like to locate a concrete crushing facility on the site that does require approval of

00:25:24.440 --> 00:25:28.160
 a specific use permit if the zoning change is approved.

00:25:28.160 --> 00:25:32.800
 So that specific use permit would be coming back to you.

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

00:25:39.080 --> 00:25:40.080
 map.

00:25:40.080 --> 00:25:45.000
 So as you can see, this is the existing zoning right here.

00:25:45.000 --> 00:25:50.400
 We've got the LI in the light blue and the HI in the purple.

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

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

00:26:02.040 --> 00:26:03.320
 corridor.

00:26:03.320 --> 00:26:06.360
 So there's kind of that demarcation there.

00:26:06.360 --> 00:26:07.960
 There is one exception to that.

00:26:07.960 --> 00:26:11.340
 There's some HI zoning to the south of the subject property.

00:26:11.340 --> 00:26:17.200
 That was actually a zoning case that was approved in 2005 for a light manufacturing distribution

00:26:17.200 --> 00:26:18.360
 and office use.

00:26:18.360 --> 00:26:25.440
 At that time, distribution was not permitted in that, in the lower zoning designation.

00:26:25.440 --> 00:26:30.040
 All of those uses now are permitted in the LI district, however.

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

00:26:37.400 --> 00:26:41.640
 it to that I-35 corridor.

00:26:41.640 --> 00:26:45.040
 The criteria for approval for zoning cases, there's general and specific.

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.

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

00:26:53.600 --> 00:26:57.560
 talk about the future land use map and the future land use designation here.

00:26:57.560 --> 00:27:02.320
 So the subject property has an industrial commerce, future land use designation.

00:27:02.320 --> 00:27:06.720
 Those predominant uses include both light and heavy industrial activities.

00:27:06.720 --> 00:27:13.200
 And as part of that development criteria, the Denton Plan 2030 discusses that future

00:27:13.200 --> 00:27:18.760
 development should avoid sensitive land uses and ensure appropriate transitions.

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

00:27:24.280 --> 00:27:26.320
 of them as an umbrella.

00:27:26.320 --> 00:27:32.360
 That they are kind of an overarching policy, but that several zoning districts could fit

00:27:32.360 --> 00:27:34.080
 underneath that umbrella.

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

00:27:39.020 --> 00:27:45.360
 like access, adjacent uses, physical characteristics, and other factors.

00:27:45.360 --> 00:27:52.080
 And there you can get that more fine-grain analysis of the land use.

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

00:27:58.400 --> 00:28:02.240
 zoning that's kind of underneath that future land use umbrella.

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

00:28:06.660 --> 00:28:09.320
 of zoning districts within that.

00:28:09.320 --> 00:28:13.640
 Typically, in this future land use designation, we see HI and LI.

00:28:13.640 --> 00:28:16.840
 Those are most closely associated with it.

00:28:16.840 --> 00:28:20.960
 For those LI district, that's where those sites that are highly visible and that are

00:28:20.960 --> 00:28:26.640
 surrounded by lower impact development, things that are encouraged, warehousing distribution

00:28:26.640 --> 00:28:28.000
 and light manufacturing.

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

00:28:34.680 --> 00:28:35.920
 university.

00:28:35.920 --> 00:28:41.520
 You've got some sensitive land uses along university, Highway 380.

00:28:41.520 --> 00:28:44.760
 There's residential just to the north of there.

00:28:44.760 --> 00:28:48.400
 So that's where that LI and even you have GO in some areas.

00:28:48.400 --> 00:28:55.400
 So that's where you get that fine-grain analysis and land use.

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

00:28:59.280 --> 00:29:04.500
 those primary roadways, that's where the HI district comes in.

00:29:04.500 --> 00:29:07.880
 And that does include that higher impact manufacturing use.

00:29:07.880 --> 00:29:11.120
 So that's where you see that purple come in.

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

00:29:18.780 --> 00:29:22.400
 within that industrial sector.

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

00:29:27.440 --> 00:29:35.080
 designation in this situation, as it doesn't avoid those sensitive land uses and ensure

00:29:35.080 --> 00:29:38.680
 those appropriate transitions.

00:29:38.680 --> 00:29:44.760
 That visibility from the I-35 corridor, that primary corridor and that proximity to other

00:29:44.760 --> 00:29:50.680
 uses that the athletic facilities and those commercial uses along the 35 corridor indicate

00:29:50.680 --> 00:29:53.800
 that HI just really isn't appropriate in this area.

00:29:53.800 --> 00:30:00.120
 And that the existing zoning of LI would still allow for that variety of lower intensity

00:30:00.120 --> 00:30:01.280
 industrial uses.

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

00:30:05.800 --> 00:30:08.360
 into consideration.

00:30:08.360 --> 00:30:13.320
 Next, minimizes adverse impacts on surrounding property.

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.

00:30:16.840 --> 00:30:20.960
 So first I want to talk about just the history of this area.

00:30:20.960 --> 00:30:25.080
 Then we'll talk about what's current.

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

00:30:31.320 --> 00:30:34.160
 sometime after 1972.

00:30:34.160 --> 00:30:39.240
 And after that, those warehouse and light industrial facilities began to develop incrementally

00:30:39.240 --> 00:30:42.040
 along that highway corridor.

00:30:42.040 --> 00:30:48.320
 In the last 10 years, the UNT has relocated those athletic facilities near the subject

00:30:48.320 --> 00:30:53.880
 property just south of where they used to be.

00:30:53.880 --> 00:30:58.760
 And then there are also large distribution centers that have developed along Airport

00:30:58.760 --> 00:30:59.760
 Road.

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

00:31:05.600 --> 00:31:11.280
 distribution hub along this primary corridor within the city.

00:31:11.280 --> 00:31:18.000
 As the area continues to develop, we anticipate that the zoning and uses will correspond to

00:31:18.000 --> 00:31:23.580
 the existing LI zoning and that generally light industrial and distribution uses would

00:31:23.580 --> 00:31:28.520
 develop along the I-35 corridor with those heavier industrial uses toward the west, kind

00:31:28.520 --> 00:31:33.480
 of really consistent with that current zoning pattern.

00:31:33.480 --> 00:31:41.640
 HI district permits a lot of uses that are more intense than the current zoning, and

00:31:41.640 --> 00:31:45.800
 those could create impacts for those adjacent properties.

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

00:31:53.400 --> 00:31:55.660
 the permitted uses.

00:31:55.660 --> 00:32:01.200
 And so that surrounding development as it's evolving on that existing zoning pattern,

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

00:32:06.320 --> 00:32:13.680
 area and that LI district should remain in place.

00:32:13.680 --> 00:32:19.320
 Significant changes to warrant a zoning change, we really aren't seeing any significant changes

00:32:19.320 --> 00:32:22.960
 that would warrant the zoning change to HI.

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

00:32:26.840 --> 00:32:27.920
 maps.

00:32:27.920 --> 00:32:34.920
 You can see 1972, that corridor was recently there.

00:32:34.920 --> 00:32:42.400
 It started then developing in '84 and then continued to develop and then you see how

00:32:42.400 --> 00:32:46.040
 it is today.

00:32:46.040 --> 00:32:50.960
 There is adequate access to this property from the I-35 corridor, and the applicant

00:32:50.960 --> 00:32:53.600
 did provide a trip generation analysis.

00:32:53.600 --> 00:33:00.640
 They anticipate that based upon their other locations, that the use would generate about

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.

00:33:07.720 --> 00:33:13.440
 Just to provide you some site photos, here is looking kind of at the subject property

00:33:13.440 --> 00:33:20.280
 from I-35, from those travel lanes, looking west toward the subject property.

00:33:20.280 --> 00:33:25.000
 Here's looking southwest toward the subject property and some of that existing development

00:33:25.000 --> 00:33:28.000
 along I-35W.

00:33:28.000 --> 00:33:33.160
 This is looking kind of from the travel lanes toward the east of the subject site.

00:33:33.160 --> 00:33:36.720
 And then this is looking toward the northwest of the subject property.

00:33:36.720 --> 00:33:42.120
 So that development that's along the southern end of the subject site.

00:33:42.120 --> 00:33:46.200
 We did send out a notification for the request.

00:33:46.200 --> 00:33:49.360
 We have received four letters in opposition.

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

00:33:54.920 --> 00:33:56.820
 the request.

00:33:56.820 --> 00:34:01.920
 So based upon the criteria for approval, staff recommends a denial of the request.

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

00:34:07.640 --> 00:34:11.040
 to speak this evening and will also be available for questions.

00:34:11.040 --> 00:34:12.040
 Great.

00:34:12.040 --> 00:34:13.040
 Thank you, Julie.

00:34:13.040 --> 00:34:14.040
 Commissioner Smith.

00:34:14.040 --> 00:34:15.040
 Thank you, Chair.

00:34:15.040 --> 00:34:18.480
 Julie, will you go back to the response map?

00:34:18.480 --> 00:34:19.480
 You bet.

00:34:19.480 --> 00:34:24.880
 Do you have a good day, Julie?

00:34:24.880 --> 00:34:25.880
 I am.

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

00:34:29.560 --> 00:34:30.560
 or not.

00:34:30.560 --> 00:34:32.200
 It is a lovely day.

00:34:32.200 --> 00:34:33.200
 Good.

00:34:33.200 --> 00:34:34.200
 Glad to hear.

00:34:34.200 --> 00:34:39.360
 Who were the positive responses on the northwest side there?

00:34:39.360 --> 00:34:45.840
 This is from Philip Baker, who represents this property and this location as well as

00:34:45.840 --> 00:34:47.760
 this property.

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

00:34:55.840 --> 00:35:02.000
 in the applicant, the concrete crushing is kind of the way I see it.

00:35:02.000 --> 00:35:04.280
 And the opposition responses?

00:35:04.280 --> 00:35:09.440
 The opposition, they are from adjacent property owners.

00:35:09.440 --> 00:35:12.760
 Let me pull that up, sorry.

00:35:12.760 --> 00:35:18.800
 From their adjacent property owner in this location, they work with Peterbilt and Peterbilt

00:35:18.800 --> 00:35:23.680
 trucks are parked on their property in this location.

00:35:23.680 --> 00:35:30.920
 Also have heard from property owners adjacent to the subject site in these locations and

00:35:30.920 --> 00:35:33.000
 I can pull up their names if you'd like.

00:35:33.000 --> 00:35:34.480
 All right, you're fine.

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,

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

00:35:44.160 --> 00:35:45.160
 back.

00:35:45.160 --> 00:35:47.040
 You hear anything from UNT at all about this?

00:35:47.040 --> 00:35:48.040
 No, sir.

00:35:48.040 --> 00:35:49.040
 Understood.

00:35:49.040 --> 00:35:50.040
 Okay.

00:35:50.040 --> 00:35:52.160
 I think that's all the questions I've got.

00:35:52.160 --> 00:35:53.160
 Thank you.

00:35:53.160 --> 00:36:00.400
 Any other questions for Julie?

00:36:00.400 --> 00:36:02.440
 Great.

00:36:02.440 --> 00:36:03.440
 Thank you very much, Julie.

00:36:03.440 --> 00:36:13.560
 That moves us to our last item for the public hearing section, which is 4DS20-0008.

00:36:13.560 --> 00:36:27.360
 And this is Karina Maldonado's item.

00:36:27.360 --> 00:36:34.120
 All right.

00:36:34.120 --> 00:36:36.120
 Let me pull this up.

00:36:36.120 --> 00:36:38.480
 All right.

00:36:38.480 --> 00:36:45.060
 Are we still afternoon or evening now?

00:36:45.060 --> 00:36:48.920
 Good evening, Karina Maldonado, assistant planner.

00:36:48.920 --> 00:36:53.900
 The presentation today is for a specific use permit for S20-0008.

00:36:53.900 --> 00:36:57.680
 That is for legacy multifamily.

00:36:57.680 --> 00:37:04.560
 The request today is to permit multifamily dwellings on approximately 16.106 acres.

00:37:04.560 --> 00:37:08.720
 This is located in the R7 zoning district.

00:37:08.720 --> 00:37:13.040
 Previous zoning action was last taken in 2012.

00:37:13.040 --> 00:37:17.440
 This was part of an initial zoning request after annexation.

00:37:17.440 --> 00:37:24.120
 The initial request was originally tied to a community mixed use general, which is still

00:37:24.120 --> 00:37:31.560
 shown on the west side, as well as neighborhood residential mixed use 12 NRMU.

00:37:31.560 --> 00:37:37.660
 It then transitioned in 2019 to R7.

00:37:37.660 --> 00:37:43.800
 The request is for six three-story buildings, approximately 264 units.

00:37:43.800 --> 00:37:46.840
 These would be one, two, and three-bedroom units.

00:37:46.840 --> 00:37:52.140
 I did want to point out one error from the staff analysis, which is regarding parking

00:37:52.140 --> 00:37:53.680
 spaces.

00:37:53.680 --> 00:37:57.100
 They're actually proposing 519 parking spaces.

00:37:57.100 --> 00:37:59.120
 That does include covered and uncovered.

00:37:59.120 --> 00:38:03.760
 It's hard to point out, these are the buildings right here.

00:38:03.760 --> 00:38:07.160
 And then parking, you can see in the shaded gray area.

00:38:07.160 --> 00:38:11.040
 With that, include 28 bicycle spaces.

00:38:11.040 --> 00:38:17.880
 Along with this proposal is the inclusion of some internal bicycle and pedestrian circulation.

00:38:17.880 --> 00:38:20.480
 You can see that shown in green here.

00:38:20.480 --> 00:38:28.080
 That is the internal bicycle circulation, which then connects down to the sidewalks

00:38:28.080 --> 00:38:31.000
 that are along East McKinney Street.

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.

00:38:34.640 --> 00:38:38.360
 There's two entrances for this development.

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.

00:38:46.000 --> 00:38:49.240
 And then the driveway to the south is exit only.

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

00:38:56.640 --> 00:39:02.000
 pile up during those traffic hours.

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

00:39:08.720 --> 00:39:12.320
 construction for the East McKinney Street widening project.

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

00:39:17.160 --> 00:39:21.600
 turn lane, as well as improvements to water, sewer, storm water.

00:39:21.600 --> 00:39:26.640
 And then most importantly, on the northern side of East McKinney Street will be a 12

00:39:26.640 --> 00:39:31.440
 foot mixed use path that would allow for both bike ped traffic.

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.

00:39:38.760 --> 00:39:44.640
 The proposed landscaping does exceed our minimum requirements for this zoning district.

00:39:44.640 --> 00:39:49.960
 They are proposing 41% landscaped area and 47% tree canopy.

00:39:49.960 --> 00:39:57.320
 This is actually based on the development impact area, which stays out of the flood

00:39:57.320 --> 00:40:00.680
 plain and ESA that's located to the south of the site.

00:40:00.680 --> 00:40:02.640
 I'll go back one slide really quickly.

00:40:02.640 --> 00:40:06.160
 This is the flood plain that I forgot to mention.

00:40:06.160 --> 00:40:10.440
 There is some riparian buffer, but again, they do intend to stay completely out of that

00:40:10.440 --> 00:40:13.000
 area.

00:40:13.000 --> 00:40:17.200
 They are proposing street trees along East McKinney, as well as some additional right

00:40:17.200 --> 00:40:23.600
 of way screening along the driveway exits to just make sure that they're properly screening

00:40:23.600 --> 00:40:29.920
 any visible parking, even though it is set back behind the building line.

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.

00:40:37.440 --> 00:40:45.400
 So they did end up choosing multiple of our elements beyond what is required.

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

00:40:50.600 --> 00:40:57.000
 buffer the proposed multifamily from what is currently under construction, the Texas

00:40:57.000 --> 00:41:00.400
 Department of Safety new facility.

00:41:00.400 --> 00:41:09.200
 They are also proposing perimeter fence for the development that will also serve to ensure

00:41:09.200 --> 00:41:15.200
 that residents don't encroach into that sensitive area.

00:41:15.200 --> 00:41:20.320
 In addition, they are exceeding the minimum for tree preservation, as well as providing

00:41:20.320 --> 00:41:24.340
 significant amount of open space beyond the required 8%.

00:41:24.340 --> 00:41:28.960
 That also includes passive and active recreation space.

00:41:28.960 --> 00:41:36.640
 There is a large courtyard area between the buildings to the rear, resort style pools,

00:41:36.640 --> 00:41:44.520
 picnic areas, as well as an outdoor grilling area and dog park for residents.

00:41:44.520 --> 00:41:48.240
 Here's just briefly some concept elevations for this site.

00:41:48.240 --> 00:41:53.960
 You can see that they're maintaining some earth tones for the proposed buildings.

00:41:53.960 --> 00:41:59.440
 It's not quite shown on this slide, but they are maintaining the residential maximum height

00:41:59.440 --> 00:42:04.800
 of 40 feet.

00:42:04.800 --> 00:42:08.760
 So this is a property right here on the south side of McKinney.

00:42:08.760 --> 00:42:14.600
 So the existing development surrounding this, as I mentioned, is the tex.dps facility, which

00:42:14.600 --> 00:42:16.680
 is currently under construction.

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.

00:42:23.800 --> 00:42:28.640
 Residential does surround to the north, however, this is large lot residential.

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

00:42:35.480 --> 00:42:37.880
 from the right of way.

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

00:42:44.040 --> 00:42:45.640
 are undeveloped.

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

00:42:51.480 --> 00:42:53.120
 public hearing.

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

00:42:59.440 --> 00:43:09.160
 that would remain a church use and that remaining vacant property is also zoned for residential.

00:43:09.160 --> 00:43:15.040
 However, it does have that potential to move forward to this commercial areas and I'll

00:43:15.040 --> 00:43:18.680
 speak to that in just a few slides.

00:43:18.680 --> 00:43:24.400
 So there are general approval criteria for an SUP as well as specific criteria for an

00:43:24.400 --> 00:43:25.400
 SUP.

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

00:43:30.960 --> 00:43:33.800
 found in the staff report.

00:43:33.800 --> 00:43:40.020
 So first, of course, with all our presentations, we do want to highlight Denton Plan 2030.

00:43:40.020 --> 00:43:45.200
 So this is the future land use plan for this site.

00:43:45.200 --> 00:43:48.760
 This is primarily designated for community mixed use.

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.

00:43:54.840 --> 00:44:02.340
 So this does promote a mix of uses, mostly commercial, but where moderate and high density

00:44:02.340 --> 00:44:07.560
 do support these commercial uses, it is seen as complementary.

00:44:07.560 --> 00:44:13.280
 So it is consistent with the future land use designation as well as the corridor focus

00:44:13.280 --> 00:44:15.040
 area.

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

00:44:21.580 --> 00:44:28.080
 designated as what's called that corridor focus area within our future land use plan.

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

00:44:34.560 --> 00:44:41.320
 does develop commercially and consistent to a certain amount of standards.

00:44:41.320 --> 00:44:46.280
 After reviewing this, this proposal does meet the intent of that goal.

00:44:46.280 --> 00:44:52.720
 It does encourage the use of multimodal transportation with access to that multi-use path, providing

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

00:45:01.560 --> 00:45:03.560
 east of the site.

00:45:03.560 --> 00:45:08.800
 The proposal does include some parking reductions for that transit proximity as well as increased

00:45:08.800 --> 00:45:13.880
 landscaping, particularly along the right of way to make sure that we're maintaining

00:45:13.880 --> 00:45:19.640
 that residential focus as well as orienting and making connections again to that public

00:45:19.640 --> 00:45:20.880
 realm.

00:45:20.880 --> 00:45:27.840
 And lastly, they do provide elements from table 4.1 regarding urban design principles

00:45:27.840 --> 00:45:33.000
 and most of those design principles have been incorporated into the development code for

00:45:33.000 --> 00:45:41.200
 this district as well as for multifamily design.

00:45:41.200 --> 00:45:46.120
 Just briefly wanted to talk about the proposal and how it minimizes adverse environmental

00:45:46.120 --> 00:45:47.560
 impacts.

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.

00:45:55.120 --> 00:45:59.560
 This is totaling approximately two acres of the subject property.

00:45:59.560 --> 00:46:04.880
 However, the applicant or the developer is proposing to remain entirely out of this area

00:46:04.880 --> 00:46:15.560
 to ensure that tree preservation and both preservation of the sensitive area remains.

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

00:46:19.560 --> 00:46:25.240
 is compatible with the surrounding use, the R7 district does support that compatibility

00:46:25.240 --> 00:46:30.160
 between single family neighborhoods that we do see on the northern side of McKinney as

00:46:30.160 --> 00:46:37.040
 well as higher intensity mixed use such as this multifamily development.

00:46:37.040 --> 00:46:42.960
 As mentioned before, the existing residential is on larger property that appears to be kind

00:46:42.960 --> 00:46:46.920
 of remnants of what was subdivisions by deed.

00:46:46.920 --> 00:46:52.040
 These properties are also located significantly out of the right-of-way view.

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

00:46:58.660 --> 00:47:06.680
 cut or defined residential character associated with that existing residential.

00:47:06.680 --> 00:47:12.200
 The property is also adjacent to that commercial institutional use being adjacent to the Texas

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

00:47:18.600 --> 00:47:21.120
 for the expansion of McKinney.

00:47:21.120 --> 00:47:27.760
 As I mentioned earlier, also the undeveloped property that remains is zoned R2.

00:47:27.760 --> 00:47:32.880
 We also have R7 and MN to the east.

00:47:32.880 --> 00:47:40.240
 Multifamily would also be permitted with an SUP and by right in the MN district.

00:47:40.240 --> 00:47:46.720
 And then just briefly, the setbacks proposed by the development do stay within what is

00:47:46.720 --> 00:47:50.080
 required for most residential districts, which is 10 feet.

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

00:47:56.400 --> 00:47:57.400
 of 40 feet.

00:47:57.400 --> 00:48:03.600
 They're proposing about 37 feet.

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

00:48:08.840 --> 00:48:10.440
 to a four-lane.

00:48:10.440 --> 00:48:19.080
 When this was developed, it did incorporate those high traffic uses, so it does accommodate

00:48:19.080 --> 00:48:22.760
 the proposed traffic from this development.

00:48:22.760 --> 00:48:31.240
 An increase of 1,436 daily trips would be generated from this development, but again,

00:48:31.240 --> 00:48:33.840
 the roadway would be able to support it.

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

00:48:38.360 --> 00:48:41.840
 side to help facilitate pedestrian traffic.

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

00:48:48.760 --> 00:48:50.800
 the street from Ryan High School.

00:48:50.800 --> 00:48:54.600
 A TIA was conducted for this development.

00:48:54.600 --> 00:49:00.280
 The recommendations out of that TIA indicated that a right-turn diesel lane would be required,

00:49:00.280 --> 00:49:04.600
 and the applicant has shown that on their site plan.

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

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.

00:49:16.620 --> 00:49:24.560
 This will be evaluated further when they come in for platting and then permitting.

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

00:49:30.920 --> 00:49:35.560
 the designated distance required by parks.

00:49:35.560 --> 00:49:41.720
 Until that does develop, the development has proposed some on-site amenities, including

00:49:41.720 --> 00:49:44.640
 that community pool, fitness center.

00:49:44.640 --> 00:49:50.240
 There are large landscaped areas and gathering spaces that residents could use.

00:49:50.240 --> 00:49:53.480
 And then, of course, park dedication fees and development fees will be assessed with

00:49:53.480 --> 00:49:55.600
 the final plat.

00:49:55.600 --> 00:49:59.800
 We did reach out to DISD regarding the high influx of students that would be generated

00:49:59.800 --> 00:50:01.520
 with this proposal.

00:50:01.520 --> 00:50:06.440
 They did indicate that they can accommodate this increase and do not see any concerns

00:50:06.440 --> 00:50:10.560
 with the proposed development.

00:50:10.560 --> 00:50:14.580
 Public notices were sent out to those within 200 and 500 feet.

00:50:14.580 --> 00:50:17.840
 As of today, we did not receive any response.

00:50:17.840 --> 00:50:21.840
 The applicant did not hold a neighborhood meeting, however, they did reach out individually

00:50:21.840 --> 00:50:30.480
 to property owners, and I don't believe they had any negative requests received.

00:50:30.480 --> 00:50:34.880
 The recommendations are for approval with some conditions.

00:50:34.880 --> 00:50:41.440
 These are just administrative conditions, which allow staff to make minor administrative

00:50:41.440 --> 00:50:49.320
 changes to landscaping, street trees, and various items on the landscape plan, as well

00:50:49.320 --> 00:50:55.520
 as indicating the SUP, if approved on the zoning map, and any other administrative approvals

00:50:55.520 --> 00:50:58.320
 within reason.

00:50:58.320 --> 00:51:02.360
 And then finally, just making sure that the approval does incorporate the elements that

00:51:02.360 --> 00:51:09.040
 are proposed on the site plan today, which includes 264 units, various gathering spaces

00:51:09.040 --> 00:51:15.960
 and amenities, as well as parking, the two driveway accesses, and then the earth tone

00:51:15.960 --> 00:51:18.400
 color palette building design.

00:51:18.400 --> 00:51:24.920
 Again, this will be incorporated into the ordinance just to allow minor administrative

00:51:24.920 --> 00:51:29.280
 changes less than 5%.

00:51:29.280 --> 00:51:32.400
 And with that, I can take any questions that you might have.

00:51:32.400 --> 00:51:36.000
 Thank you so much for the presentation.

00:51:36.000 --> 00:51:37.000
 Any questions?

00:51:37.000 --> 00:51:39.480
 Yes, Christian or Beck?

00:51:39.480 --> 00:51:40.480
 Thank you.

00:51:40.480 --> 00:52:00.080
 Can you go back to slide two and then I'll ask for slide three?

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.

00:52:05.080 --> 00:52:06.680
 I have no issues.

00:52:06.680 --> 00:52:10.960
 I'm glad that the traffic impact analysis was done and the school district, all that

00:52:10.960 --> 00:52:18.240
 is completed, but my issues will be clear on slide two.

00:52:18.240 --> 00:52:22.080
 And that is, you know, it's actually just with that building five.

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

00:52:26.640 --> 00:52:28.320
 property is good.

00:52:28.320 --> 00:52:29.960
 I would support it.

00:52:29.960 --> 00:52:37.200
 It is that Southwest building and the adjacent structures.

00:52:37.200 --> 00:52:40.120
 And I'll try to point that out if it pops up.

00:52:40.120 --> 00:52:50.040
 I apologize, it's something a little strange is happening here.

00:52:50.040 --> 00:52:53.760
 Yeah.

00:52:53.760 --> 00:52:55.160
 Let me try to reopen it.

00:52:55.160 --> 00:53:01.360
 It doesn't want to cooperate right now.

00:53:01.360 --> 00:53:03.960
 Okay.

00:53:03.960 --> 00:53:10.520
 Well, and to give you time to do that, I will verbally say my issues.

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.

00:53:18.400 --> 00:53:19.320
 Oh, awesome.

00:53:19.320 --> 00:53:22.760
 So the satellite view.

00:53:22.760 --> 00:53:25.760
 Yeah, that's perfect, and then we'll go to the next one in a second.

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.

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

00:53:35.920 --> 00:53:38.720
 all up and down Pecan Creek, it goes out to the lake.

00:53:38.720 --> 00:53:49.760
 This is one of our major wildlife flora fauna corridors with sensitive nowhere else or limited

00:53:49.760 --> 00:53:53.400
 in Texas, flora and fauna.

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.

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.

00:54:05.240 --> 00:54:08.520
 It's right up against that building five's parking lot.

00:54:08.520 --> 00:54:14.480
 I'm calling it five, whatever the building is to the southwest.

00:54:14.480 --> 00:54:22.240
 So if these planners had included the four northern buildings and then adjusted, like

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

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

00:54:32.680 --> 00:54:35.040
 density in this corridor.

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

00:54:41.960 --> 00:54:43.160
 see it in the plans.

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

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.

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

00:54:59.360 --> 00:55:01.360
 accessory structures are.

00:55:01.360 --> 00:55:02.360
 Is that parking?

00:55:02.360 --> 00:55:07.680
 - Sorry, I'm not- - Along the northwest?

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

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.

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

00:55:26.640 --> 00:55:29.240
 going to continue to erode out.

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

00:55:34.600 --> 00:55:39.640
 creek bed, you can see it's oxbowing right now to the southwest.

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.

00:55:48.360 --> 00:55:53.000
 So I mean, it's going to continue to move eastward into this property.

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

00:55:58.600 --> 00:56:00.060
 of that southwest building.

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

00:56:05.720 --> 00:56:08.160
 I'd be all over voting for this.

00:56:08.160 --> 00:56:13.440
 But this is going to be problematic and impactful.

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.

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

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

00:56:33.560 --> 00:56:34.560
 west.

00:56:34.560 --> 00:56:38.440
 But you know, that is north of the east-west blow.

00:56:38.440 --> 00:56:42.040
 That is also a government facility, so if there's issues, the government can control

00:56:42.040 --> 00:56:43.040
 it.

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

00:56:47.440 --> 00:56:54.240
 that are owned by everyone, with sensitive species in this adjacent region, as well as

00:56:54.240 --> 00:56:55.640
 downstream towards the lake.

00:56:55.640 --> 00:56:58.280
 But in this region, there are sensitive species.

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

00:57:05.640 --> 00:57:08.560
 that one building was moved.

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

00:57:13.200 --> 00:57:17.040
 to provide some clarification related to the drainage.

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

00:57:22.800 --> 00:57:30.440
 a downstream assessment that evaluates how their, if they are not going to detain their

00:57:30.440 --> 00:57:37.000
 flow of stormwater, how it's going to impact, I believe, the floodplain.

00:57:37.000 --> 00:57:43.440
 So they did submit that study and they did receive review from our engineers and receive

00:57:43.440 --> 00:57:45.520
 approval of that.

00:57:45.520 --> 00:57:51.780
 Another component related to the drainage is, I mean, you probably know this way better

00:57:51.780 --> 00:57:57.560
 than I do, but the FEMA floodplain often changes every so often.

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

00:58:04.200 --> 00:58:08.080
 they evaluate the boundary of the floodplain.

00:58:08.080 --> 00:58:10.760
 And I believe that was done with this study.

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

00:58:15.320 --> 00:58:20.520
 something that was reviewed by staff during the process.

00:58:20.520 --> 00:58:26.220
 And then to address your comment about the orientation of the building, the applicant

00:58:26.220 --> 00:58:32.200
 will be available during the regular session after my presentation.

00:58:32.200 --> 00:58:36.800
 They do not have a presentation available, but they will be available to answer any concerns

00:58:36.800 --> 00:58:40.560
 or questions that you have directly related to them.

00:58:40.560 --> 00:58:41.560
 I appreciate that.

00:58:41.560 --> 00:58:45.320
 Thank you.

00:58:45.320 --> 00:58:51.960
 Any other questions for Karina?

00:58:51.960 --> 00:58:55.680
 Great.

00:58:55.680 --> 00:59:02.760
 Seeing none, that takes us to the end of our work session agenda.

00:59:02.760 --> 00:59:07.400
 I will close the work session at 6.11.

00:59:07.400 --> 00:59:15.040
 We'll meet back here at 6.30 to start the regular meeting.

00:59:15.040 --> 00:59:18.400
 Good evening, ladies and gentlemen, and welcome to the planning and zoning regular meeting

00:59:18.400 --> 00:59:22.200
 for April 7th, 2021.

00:59:22.200 --> 00:59:27.140
 Seeing that we have a quorum, I'll call the meeting to order at 6.32.

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

00:59:32.000 --> 00:59:35.000
 U.S. and Texas flag.

00:59:35.000 --> 00:59:39.160
 If fellow commissioners would like to join me, you can certainly unmute yourself.

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

00:59:45.040 --> 00:59:53.880
 which it stands, one nation under God, indivisible, with liberty and justice for all.

00:59:53.880 --> 00:59:56.080
 Honor the Texas flag.

00:59:56.080 --> 01:00:04.720
 I pledge allegiance to the Texas one state, under God, one and indivisible.

01:00:04.720 --> 01:00:09.600
 The next item of business is the consideration of our minutes from March 17th, 2021.

01:00:09.600 --> 01:00:10.600
 Commissioner Ellis?

01:00:10.600 --> 01:00:11.600
 Move approval.

01:00:11.600 --> 01:00:14.400
 We have a first for approval.

01:00:14.400 --> 01:00:15.400
 Commissioner Smith?

01:00:15.400 --> 01:00:16.400
 Second.

01:00:16.400 --> 01:00:20.680
 We have a first and a second for approval.

01:00:20.680 --> 01:00:23.440
 Any discussion on the minutes?

01:00:23.440 --> 01:00:25.800
 Seeing none, I'll call for a vote via roll call.

01:00:25.800 --> 01:00:26.800
 Commissioner Ellis?

01:00:26.800 --> 01:00:27.800
 Aye.

01:00:27.800 --> 01:00:28.800
 Commissioner Smith?

01:00:28.800 --> 01:00:29.800
 Aye.

01:00:29.800 --> 01:00:30.800
 Commissioner Beck?

01:00:30.800 --> 01:00:31.800
 Aye.

01:00:31.800 --> 01:00:32.800
 Commissioner Anderson?

01:00:32.800 --> 01:00:33.800
 Aye.

01:00:33.800 --> 01:00:34.800
 Commissioner Anderson?

01:00:34.800 --> 01:00:35.800
 Aye.

01:00:35.800 --> 01:00:36.800
 Commissioner Coal?

01:00:36.800 --> 01:00:37.800
 Aye.

01:00:37.800 --> 01:00:38.800
 Commissioner Pernetta?

01:00:38.800 --> 01:00:39.800
 Aye.

01:00:39.800 --> 01:00:40.800
 Chair is also an aye.

01:00:40.800 --> 01:00:41.800
 Motion carries 7-0.

01:00:41.800 --> 01:00:51.240
 Next item of business is our individual consideration items, starting with 3A, PP21-0002.

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.

01:00:57.600 --> 01:01:01.960
 Okay, can you one second to pull this back up?

01:01:01.960 --> 01:01:05.280
 I'm having the same issue as earlier.

01:01:05.280 --> 01:01:10.760
 Okay, there you go.

01:01:10.760 --> 01:01:26.640
 All right, good evening, everyone.

01:01:26.640 --> 01:01:30.340
 This is a preliminary plat 21-0002.

01:01:30.340 --> 01:01:32.600
 This is for the state school road estates.

01:01:32.600 --> 01:01:37.720
 This previously came before you for a rezoning earlier this year.

01:01:37.720 --> 01:01:42.280
 Staff is recommending denial of this preliminary plat request as it does not meet the established

01:01:42.280 --> 01:01:45.640
 requirements outlined in Exhibit 2.

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

01:01:50.560 --> 01:01:53.680
 to this request.

01:01:53.680 --> 01:01:56.000
 Thank you very much for the presentation.

01:01:56.000 --> 01:01:57.840
 Any questions for Corina?

01:01:57.840 --> 01:01:58.840
 Okay.

01:01:58.840 --> 01:02:04.720
 Seeing none, I certainly hear a motion.

01:02:04.720 --> 01:02:05.720
 Commissioner Smith?

01:02:05.720 --> 01:02:11.360
 Make a motion to extend to the date certain of May 5th, 2020.

01:02:11.360 --> 01:02:17.960
 We have a first for the 30-day extension to May 5th, 2021.

01:02:17.960 --> 01:02:25.880
 Commissioner Beck?

01:02:25.880 --> 01:02:26.880
 I second that.

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

01:02:31.560 --> 01:02:32.560
 of May 5th.

01:02:32.560 --> 01:02:33.560
 Any discussion?

01:02:33.560 --> 01:02:38.040
 Seeing none, I call for a vote via roll call.

01:02:38.040 --> 01:02:39.040
 Commissioner Ellis?

01:02:39.040 --> 01:02:40.040
 Aye.

01:02:40.040 --> 01:02:41.040
 Commissioner Smith?

01:02:41.040 --> 01:02:42.040
 Aye.

01:02:42.040 --> 01:02:43.040
 Commissioner Beck?

01:02:43.040 --> 01:02:44.040
 Aye.

01:02:44.040 --> 01:02:45.040
 Commissioner Anderson?

01:02:45.040 --> 01:02:46.040
 Aye.

01:02:46.040 --> 01:02:47.040
 Commissioner Cole?

01:02:47.040 --> 01:02:48.040
 Aye.

01:02:48.040 --> 01:02:49.040
 Commissioner Pernetta?

01:02:49.040 --> 01:02:50.040
 Aye.

01:02:50.040 --> 01:02:51.720
 Chair is also an aye.

01:02:51.720 --> 01:02:53.920
 Motion carries 7-0.

01:02:53.920 --> 01:02:57.480
 Next item for business is Item 3B, PP21-0003.

01:02:57.480 --> 01:03:10.400
 I'll invite Mark Laird for presentation.

01:03:10.400 --> 01:03:36.400
 Mark's on, I believe he's muted.

01:03:36.400 --> 01:03:46.960
 Good evening, this is Mark Laird, I'm a planner with the development service department.

01:03:46.960 --> 01:03:52.600
 Before you have the plenary plait of Giesling and 380 Industrial Edition.

01:03:52.600 --> 01:03:57.160
 This development is generally located on the east and west lines of Giesling Road, being

01:03:57.160 --> 01:04:00.400
 south of U.S. 380, also known as University Drive.

01:04:00.400 --> 01:04:04.120
 This development is within the City of Ditton, I stand for any questions or comments you

01:04:04.120 --> 01:04:05.120
 may have.

01:04:05.120 --> 01:04:06.120
 Great.

01:04:06.120 --> 01:04:07.120
 Thanks, Mark.

01:04:07.120 --> 01:04:11.420
 Any questions on this presentation?

01:04:11.420 --> 01:04:14.960
 Seeing none, the chair will certainly entertain a motion on the item.

01:04:14.960 --> 01:04:17.080
 Commissioner Ellis?

01:04:17.080 --> 01:04:18.080
 I move approval.

01:04:18.080 --> 01:04:19.800
 We have a first for approval.

01:04:19.800 --> 01:04:20.800
 Commissioner Smith?

01:04:20.800 --> 01:04:21.800
 Second.

01:04:21.800 --> 01:04:23.400
 We have a first and a second for approval.

01:04:23.400 --> 01:04:26.400
 Any discussion?

01:04:26.400 --> 01:04:29.360
 Seeing none, I will call for a vote via roll call.

01:04:29.360 --> 01:04:30.360
 Commissioner Ellis?

01:04:30.360 --> 01:04:31.360
 Aye.

01:04:31.360 --> 01:04:32.360
 Commissioner Smith?

01:04:32.360 --> 01:04:33.360
 Aye.

01:04:33.360 --> 01:04:34.360
 Commissioner Beck?

01:04:34.360 --> 01:04:35.360
 Aye.

01:04:35.360 --> 01:04:36.360
 Commissioner Anderson?

01:04:36.360 --> 01:04:37.360
 Aye.

01:04:37.360 --> 01:04:38.360
 Commissioner Cole?

01:04:38.360 --> 01:04:39.360
 Aye.

01:04:39.360 --> 01:04:40.360
 Commissioner Pernetta?

01:04:40.360 --> 01:04:41.360
 Aye.

01:04:41.360 --> 01:04:42.900
 Chair is also an aye.

01:04:42.900 --> 01:04:45.240
 Motion carries 7-0.

01:04:45.240 --> 01:04:52.840
 Next item for business is item 3C, FP21-0007 and Julie Wyatt here to present.

01:04:52.840 --> 01:04:53.840
 Evening.

01:04:53.840 --> 01:04:57.860
 Let me share the screen.

01:04:57.860 --> 01:05:00.660
 All right.

01:05:00.660 --> 01:05:04.720
 This is FP21-0007.

01:05:04.720 --> 01:05:08.560
 Finally in your packet, it had a recommendation of denial.

01:05:08.560 --> 01:05:14.880
 They were making some corrections to the HOA documents requested by legal.

01:05:14.880 --> 01:05:17.640
 They have since made those corrections.

01:05:17.640 --> 01:05:26.000
 So although they are requesting an extension tonight, they have satisfied all of the requirements

01:05:26.000 --> 01:05:30.320
 and so staff recommends approval of the request.

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

01:05:34.880 --> 01:05:36.680
 be happy to answer any questions.

01:05:36.680 --> 01:05:37.680
 Great.

01:05:37.680 --> 01:05:38.680
 Thanks, Julie.

01:05:38.680 --> 01:05:41.240
 Any questions for staff?

01:05:41.240 --> 01:05:50.000
 Seeing none, I'll entertain a motion for discussion.

01:05:50.000 --> 01:05:51.640
 Commissioner Beck?

01:05:51.640 --> 01:05:59.080
 So just a procedural, thank you, Chair, just a procedural question, are we, what is the

01:05:59.080 --> 01:06:01.240
 chair asking us to proceed on?

01:06:01.240 --> 01:06:09.080
 The application, the extension, what are we being asked to make a motion on?

01:06:09.080 --> 01:06:16.160
 Julie, can you clarify, this is recommended for approval, correct?

01:06:16.160 --> 01:06:17.160
 Yes, sir.

01:06:17.160 --> 01:06:21.600
 It is a recommendation for approval.

01:06:21.600 --> 01:06:31.600
 So the applicants need to retract their request for extension?

01:06:31.600 --> 01:06:33.280
 Julie or Richard, do you have any insight?

01:06:33.280 --> 01:06:34.280
 I don't know.

01:06:34.280 --> 01:06:35.280
 I don't know.

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

01:06:38.320 --> 01:06:40.280
 don't even know that it's really...

01:06:40.280 --> 01:06:41.280
 Is it not germane?

01:06:41.280 --> 01:06:43.520
 Yeah, it's really not relevant.

01:06:43.520 --> 01:06:48.400
 So we are being asked to make a motion on their original application.

01:06:48.400 --> 01:06:50.160
 Correct.

01:06:50.160 --> 01:06:52.800
 Okay.

01:06:52.800 --> 01:06:57.160
 Commissioner Smith.

01:06:57.160 --> 01:06:59.240
 The motion to approve.

01:06:59.240 --> 01:07:00.240
 Thank you.

01:07:00.240 --> 01:07:02.120
 There's a first for approval.

01:07:02.120 --> 01:07:03.120
 Commissioner Anderson?

01:07:03.120 --> 01:07:04.120
 I second.

01:07:04.120 --> 01:07:08.920
 We have a first and a second for approval of the application.

01:07:08.920 --> 01:07:11.620
 Any discussion?

01:07:11.620 --> 01:07:13.640
 Seeing none, I call for a vote, be a roll call.

01:07:13.640 --> 01:07:14.640
 Commissioner Ellis?

01:07:14.640 --> 01:07:15.640
 Aye.

01:07:15.640 --> 01:07:16.640
 Commissioner Smith?

01:07:16.640 --> 01:07:17.640
 Aye.

01:07:17.640 --> 01:07:18.640
 Commissioner Beck?

01:07:18.640 --> 01:07:19.640
 Aye.

01:07:19.640 --> 01:07:20.640
 Commissioner Young?

01:07:20.640 --> 01:07:21.640
 Aye.

01:07:21.640 --> 01:07:22.640
 Commissioner Anderson?

01:07:22.640 --> 01:07:23.640
 Aye.

01:07:23.640 --> 01:07:24.640
 Commissioner Cole?

01:07:24.640 --> 01:07:25.640
 Aye.

01:07:25.640 --> 01:07:26.640
 Commissioner Pernetta?

01:07:26.640 --> 01:07:27.640
 Aye.

01:07:27.640 --> 01:07:28.640
 Chair is also an aye.

01:07:28.640 --> 01:07:29.640
 Motion carries seven, zero.

01:07:29.640 --> 01:07:35.400
 The next item of business is item 3D, PP21-0004.

01:07:35.400 --> 01:07:37.520
 This is also Julie's item.

01:07:37.520 --> 01:07:44.320
 All right, let me share my screen.

01:07:44.320 --> 01:07:52.520
 All right, so this is PP21-0004.

01:07:52.520 --> 01:07:55.400
 The subject property is within the city's ETJ.

01:07:55.400 --> 01:07:58.600
 It is outside of the city boundary.

01:07:58.600 --> 01:08:01.800
 They still have some comments that they need to work through.

01:08:01.800 --> 01:08:05.040
 And so staff recommends denial of the request.

01:08:05.040 --> 01:08:12.640
 But they have requested an extension, and that would be to the May 5th Planning and

01:08:12.640 --> 01:08:13.640
 Zoning Commission.

01:08:13.640 --> 01:08:16.800
 We'd be happy to answer any questions.

01:08:16.800 --> 01:08:21.440
 Any questions for Julie on this item?

01:08:21.440 --> 01:08:24.680
 Seeing none, Chair will entertain discussion or motion.

01:08:24.680 --> 01:08:27.440
 Commissioner Ellis?

01:08:27.440 --> 01:08:31.360
 I move approval of the requested extension to a date certain of May 5th.

01:08:31.360 --> 01:08:32.360
 Great.

01:08:32.360 --> 01:08:33.360
 We have a first for the extension.

01:08:33.360 --> 01:08:34.360
 Commissioner Anderson?

01:08:34.360 --> 01:08:35.360
 I second the motion.

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

01:08:40.840 --> 01:08:41.840
 meeting.

01:08:41.840 --> 01:08:45.040
 Any discussion on this item?

01:08:45.040 --> 01:08:47.760
 Seeing none, I'll call for a vote, be a roll call.

01:08:47.760 --> 01:08:48.760
 Commissioner Ellis?

01:08:48.760 --> 01:08:49.760
 I.

01:08:49.760 --> 01:08:50.760
 Commissioner Smith?

01:08:50.760 --> 01:08:51.760
 I.

01:08:51.760 --> 01:08:52.760
 Commissioner Beck?

01:08:52.760 --> 01:08:53.760
 I.

01:08:53.760 --> 01:08:55.240
 Commissioner Anderson?

01:08:55.240 --> 01:08:56.240
 I.

01:08:56.240 --> 01:08:57.240
 Commissioner Cole?

01:08:57.240 --> 01:08:58.240
 I.

01:08:58.240 --> 01:08:59.240
 Commissioner Pernetta?

01:08:59.240 --> 01:09:00.240
 I.

01:09:00.240 --> 01:09:01.960
 Chair is also an aye.

01:09:01.960 --> 01:09:04.560
 Motion carries 7-0.

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

01:09:13.800 --> 01:09:17.560
 Maldonado's item.

01:09:17.560 --> 01:09:21.560
 All right.

01:09:21.560 --> 01:09:30.160
 Am I on the right slide?

01:09:30.160 --> 01:09:33.800
 Here we go.

01:09:33.800 --> 01:09:34.800
 Now you are.

01:09:34.800 --> 01:09:35.800
 All right.

01:09:35.800 --> 01:09:37.320
 So this is a request for a final plat.

01:09:37.320 --> 01:09:40.720
 This is FP21-0009.

01:09:40.720 --> 01:09:43.800
 This is for Phase 6 of the North Point Addition.

01:09:43.800 --> 01:09:47.840
 This is located just south of Loop 288.

01:09:47.840 --> 01:09:52.320
 Staff is recommending denial of this request as it still has not met all criteria.

01:09:52.320 --> 01:09:57.880
 However, the applicant has requested an extension to the May 5th, 2021 Planning and Zoning Commission

01:09:57.880 --> 01:10:04.400
 meeting, and staff is not opposed to this request.

01:10:04.400 --> 01:10:05.720
 With that, I can take any questions.

01:10:05.720 --> 01:10:06.720
 Great.

01:10:06.720 --> 01:10:08.680
 Any questions for Carina?

01:10:08.680 --> 01:10:10.760
 Commissioner Pernetta?

01:10:10.760 --> 01:10:15.920
 You're taking a motion?

01:10:15.920 --> 01:10:16.920
 Absolutely.

01:10:16.920 --> 01:10:20.480
 Motion to postpone to the May 5th.

01:10:20.480 --> 01:10:21.480
 Great.

01:10:21.480 --> 01:10:23.600
 Commissioner Cole with the first?

01:10:23.600 --> 01:10:24.600
 Second.

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

01:10:29.080 --> 01:10:30.720
 of May 5th.

01:10:30.720 --> 01:10:34.040
 Any discussion on the item?

01:10:34.040 --> 01:10:36.440
 Seeing none, I'll call for a vote via roll call.

01:10:36.440 --> 01:10:37.440
 Commissioner Ellis?

01:10:37.440 --> 01:10:38.440
 Aye.

01:10:38.440 --> 01:10:39.440
 Commissioner Smith?

01:10:39.440 --> 01:10:40.440
 Aye.

01:10:40.440 --> 01:10:41.440
 Commissioner Beck?

01:10:41.440 --> 01:10:42.440
 Aye.

01:10:42.440 --> 01:10:43.440
 Commissioner Anderson?

01:10:43.440 --> 01:10:44.440
 Aye.

01:10:44.440 --> 01:10:45.440
 Commissioner Cole?

01:10:45.440 --> 01:10:46.440
 Aye.

01:10:46.440 --> 01:10:47.440
 Commissioner Pernetta?

01:10:47.440 --> 01:10:48.440
 Aye.

01:10:48.440 --> 01:10:49.440
 Chair, there's also an aye.

01:10:49.440 --> 01:10:52.440
 Motion carries 7-0.

01:10:52.440 --> 01:10:55.300
 The next items for business will begin our public hearing.

01:10:55.300 --> 01:11:02.720
 The first one is 4AMP21-0007.

01:11:02.720 --> 01:11:07.080
 I'll invite Haley Zygirsky for presentation and open the public hearing.

01:11:07.080 --> 01:11:11.120
 Good evening.

01:11:11.120 --> 01:11:24.080
 All right, the plot before you tonight is a residential replant for a single lot within

01:11:24.080 --> 01:11:28.200
 the Lakeview Ranch subdivision.

01:11:28.200 --> 01:11:38.020
 The property, as you can see here on the screen, is a lot 35, block 9.

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

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

01:11:46.760 --> 01:11:49.800
 line, which is consistent with the current zoning.

01:11:49.800 --> 01:11:54.040
 The previous 40-foot building line was a zoning requirement at the time of original plotting

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.

01:12:01.080 --> 01:12:05.560
 Because of the residential zoning designation for the property, the local government code

01:12:05.560 --> 01:12:09.200
 offers two options for approval of those plots.

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

01:12:14.840 --> 01:12:19.720
 radius after the approval, or a public hearing can be held with notification in advance of

01:12:19.720 --> 01:12:21.320
 the hearing.

01:12:21.320 --> 01:12:26.080
 Because of neighborhood concerns that we heard before this application was even made, staff

01:12:26.080 --> 01:12:30.480
 did opt for the public hearing option for greater transparency and to give the neighbors

01:12:30.480 --> 01:12:32.200
 a notice of what was happening.

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

01:12:36.880 --> 01:12:37.880
 to those.

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.

01:12:42.240 --> 01:12:43.240
 Great.

01:12:43.240 --> 01:12:50.240
 Do we have any questions for Haley?

01:12:50.240 --> 01:12:55.600
 And just to verify from staff, is there any applicant presentations or callers for this

01:12:55.600 --> 01:12:56.600
 item?

01:12:56.600 --> 01:13:01.760
 I believe the applicant is on the line, but they do not have a separate presentation.

01:13:01.760 --> 01:13:02.760
 Okay.

01:13:02.760 --> 01:13:03.760
 Great.

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

01:13:09.720 --> 01:13:12.040
 discussion.

01:13:12.040 --> 01:13:15.920
 Commissioner Anderson?

01:13:15.920 --> 01:13:18.080
 I'll make a motion to approve.

01:13:18.080 --> 01:13:21.760
 We have a first for approval and Commissioner Pernetta?

01:13:21.760 --> 01:13:22.760
 Second.

01:13:22.760 --> 01:13:25.400
 We have a first and a second for approval.

01:13:25.400 --> 01:13:28.720
 Any discussion on this item?

01:13:28.720 --> 01:13:35.400
 Okay, seeing none, I will call for a vote via roll call.

01:13:35.400 --> 01:13:36.400
 Commissioner Ellis?

01:13:36.400 --> 01:13:37.400
 Aye.

01:13:37.400 --> 01:13:38.400
 Commissioner Smith?

01:13:38.400 --> 01:13:39.400
 Aye.

01:13:39.400 --> 01:13:40.400
 Commissioner Beck?

01:13:40.400 --> 01:13:41.400
 Aye.

01:13:41.400 --> 01:13:42.400
 Commissioner Anderson?

01:13:42.400 --> 01:13:43.400
 Aye.

01:13:43.400 --> 01:13:44.400
 Commissioner Cole?

01:13:44.400 --> 01:13:45.400
 Aye.

01:13:45.400 --> 01:13:46.400
 Commissioner Pernetta?

01:13:46.400 --> 01:13:47.400
 Aye.

01:13:47.400 --> 01:13:51.400
 Chair is also an aye.

01:13:51.400 --> 01:13:54.400
 Motion carries 7-0.

01:13:54.400 --> 01:13:56.320
 Thank you, Haley, for the presentation.

01:13:56.320 --> 01:14:01.040
 The next item for business is item 4B, AESA 21-0001A.

01:14:01.040 --> 01:14:09.640
 I'll invite Christy Upton for presentation and open the public hearing.

01:14:09.640 --> 01:14:14.280
 Good evening.

01:14:14.280 --> 01:14:24.160
 I'm Christy Upton and I will be presenting alternative ESA plan for an Exeter Martina

01:14:24.160 --> 01:14:26.520
 property.

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

01:14:33.720 --> 01:14:37.880
 will be developed into warehousing.

01:14:37.880 --> 01:14:45.480
 There is a preliminary plat that was approved on January 6th and two project reviews under

01:14:45.480 --> 01:14:49.200
 review right now.

01:14:49.200 --> 01:14:55.800
 The request is temporarily disturbed, 0.4 acres of riparian buffer ESA.

01:14:55.800 --> 01:15:03.160
 The riparian buffer was confirmed to exist on a tributary of Dry Fork of Hickory Creek

01:15:03.160 --> 01:15:08.560
 along the southwest corner of the property.

01:15:08.560 --> 01:15:16.600
 The riparian buffer is located on an ephemeral stream that was rated in fair condition and

01:15:16.600 --> 01:15:22.840
 a remnant stream that is along that ephemeral stream and also in fair condition.

01:15:22.840 --> 01:15:28.400
 There are two upstream systems traversing the property that had been previously channelized

01:15:28.400 --> 01:15:34.200
 and does not support riparian vegetation.

01:15:34.200 --> 01:15:44.120
 The area that the riparian buffers are located also is considered to be undeveloped floodplain.

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

01:15:51.020 --> 01:15:58.080
 outfall structures that will support the warehouse development.

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

01:16:04.760 --> 01:16:12.480
 of undeveloped floodplain which is permitted under the code for the placement of utilities

01:16:12.480 --> 01:16:15.340
 in that undeveloped floodplain.

01:16:15.340 --> 01:16:22.320
 The restoration activity will be to revegetate both the undeveloped floodplain and the riparian

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

01:16:32.920 --> 01:16:37.480
 promote the recovery of this riparian vegetation.

01:16:37.480 --> 01:16:45.840
 Notifications were made and a neighborhood meeting was held on March 4th and one written

01:16:45.840 --> 01:16:50.560
 response was received in favor of the project.

01:16:50.560 --> 01:16:54.960
 The staff is recommending approval with the following conditions that first of all the

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

01:17:01.840 --> 01:17:07.560
 of the infrastructure that the vegetation be applied as described in the plan and number

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

01:17:14.660 --> 01:17:17.560
 to get established.

01:17:17.560 --> 01:17:19.120
 With that.

01:17:19.120 --> 01:17:25.180
 Great, thank you for the presentation Kristi.

01:17:25.180 --> 01:17:28.560
 Is there any questions for Kristi?

01:17:28.560 --> 01:17:34.880
 Okay, and just to verify staff is, Commissioner Beck do you have a question?

01:17:34.880 --> 01:17:35.880
 Okay.

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?

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

01:17:49.920 --> 01:17:52.840
 the line if there's any questions for the applicant tonight.

01:17:52.840 --> 01:17:57.240
 Great, is there any public comment for this?

01:17:57.240 --> 01:18:00.160
 Is there any questions for the applicant before I close the public hearing?

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

01:18:05.280 --> 01:18:06.280
 we can go to discussion.

01:18:06.280 --> 01:18:07.280
 Commissioner Beck.

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

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

01:18:19.840 --> 01:18:25.300
 lot of work on an actually relatively small piece of property but I appreciate their diligence

01:18:25.300 --> 01:18:31.860
 trying to sustain green space in Denton, that's awesome.

01:18:31.860 --> 01:18:37.800
 So with that I'd like to make a motion to approve with staff conditions.

01:18:37.800 --> 01:18:38.800
 Yeah.

01:18:38.800 --> 01:18:43.720
 Okay, we have a first for approval, Commissioner Cole.

01:18:43.720 --> 01:18:44.720
 Second.

01:18:44.720 --> 01:18:53.640
 We have a first and a second for approval with conditions, any discussion?

01:18:53.640 --> 01:18:54.640
 Seeing none.

01:18:54.640 --> 01:18:56.760
 Call for a vote via roll call.

01:18:56.760 --> 01:18:57.760
 Commissioner Ellis.

01:18:57.760 --> 01:18:58.760
 Aye.

01:18:58.760 --> 01:18:59.760
 Commissioner Smith.

01:18:59.760 --> 01:19:00.760
 Aye.

01:19:00.760 --> 01:19:01.760
 Commissioner Beck.

01:19:01.760 --> 01:19:02.760
 Aye.

01:19:02.760 --> 01:19:03.760
 Commissioner Anderson.

01:19:03.760 --> 01:19:04.760
 Aye.

01:19:04.760 --> 01:19:05.760
 Commissioner Cole.

01:19:05.760 --> 01:19:06.760
 Aye.

01:19:06.760 --> 01:19:07.760
 Commissioner Pernetta.

01:19:07.760 --> 01:19:08.760
 Aye.

01:19:08.760 --> 01:19:13.800
 Chair is also an aye, motion carries 7-0.

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

01:19:23.840 --> 01:19:27.880
 item and I will open the public session, public hearing.

01:19:27.880 --> 01:19:36.960
 Good evening, let me pull up my presentation.

01:19:36.960 --> 01:19:46.760
 Okay, this is Z20-0006A, BCCC.

01:19:46.760 --> 01:19:52.640
 The request before you is to consider rezoning from light industrial district to heavy industrial

01:19:52.640 --> 01:19:53.880
 district.

01:19:53.880 --> 01:19:56.560
 The subject property is outlined there in yellow.

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.

01:20:01.880 --> 01:20:05.760
 It has an irregular property boundary.

01:20:05.760 --> 01:20:11.880
 Currently the site is being used for parking, but the applicant is requesting the zoning

01:20:11.880 --> 01:20:17.400
 change to facilitate the redevelopment of the site for a high impact manufacturing uses

01:20:17.400 --> 01:20:21.640
 for a concrete crushing facility.

01:20:21.640 --> 01:20:25.120
 That use would also require approval of a specific use permit.

01:20:25.120 --> 01:20:30.760
 So if the zoning change is approved, then you would see that specific use permit coming

01:20:30.760 --> 01:20:33.760
 forward.

01:20:33.760 --> 01:20:37.340
 Briefly I just want to compare the current zoning map with the proposed.

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

01:20:43.100 --> 01:20:46.640
 which is consistent with the adjacent properties.

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

01:20:53.120 --> 01:21:01.680
 shows where that line of demarcation between HI district and LI district.

01:21:01.680 --> 01:21:10.520
 Except for one area to the south, that area transitioned from ICG district which was under

01:21:10.520 --> 01:21:13.400
 our 2002 Denton Development Code.

01:21:13.400 --> 01:21:19.200
 That site was approved for a light manufacturing distribution and office use, but I just wanted

01:21:19.200 --> 01:21:23.040
 to note all of those uses are actually permitted in LI district.

01:21:23.040 --> 01:21:30.000
 So generally you can see that HI district is set back from that highway corridor.

01:21:30.000 --> 01:21:39.680
 If approved, that HI district would expand the HI toward that I-35 corridor introducing

01:21:39.680 --> 01:21:43.240
 kind of a new zoning pattern within this area.

01:21:43.240 --> 01:21:48.140
 So the criteria for approval are in subchapter two of the Denton Development Code.

01:21:48.140 --> 01:21:49.480
 First we look at Denton Plan 2030.

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

01:21:56.600 --> 01:21:58.440
 land use designations in general.

01:21:58.440 --> 01:22:04.360
 So in this instance, it is considered industrial commerce, it is that dark purple area.

01:22:04.360 --> 01:22:10.600
 And this is intended for both light and heavy industrial uses, but future development should

01:22:10.600 --> 01:22:18.420
 be sensitive to avoid sensitive land uses and also to ensure appropriate transitions.

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.

01:22:22.520 --> 01:22:25.280
 It is that policy directive umbrella.

01:22:25.280 --> 01:22:27.960
 Several zoning districts could fit underneath that umbrella.

01:22:27.960 --> 01:22:35.160
 And that's where we talk about things like context, those areas of access, adjacent uses,

01:22:35.160 --> 01:22:38.200
 physical characteristics and other items.

01:22:38.200 --> 01:22:45.400
 So that's where we look at what specific zoning district would fit underneath that umbrella.

01:22:45.400 --> 01:22:49.640
 So more specifically related to the site, I wanted to show what that zoning pattern

01:22:49.640 --> 01:22:54.460
 looks like within that overall industrial commerce, future land use designation.

01:22:54.460 --> 01:23:02.100
 So typically industrial commerce, it supports HI and LI districts.

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,

01:23:07.320 --> 01:23:12.680
 maybe they're surrounded by lower impact development, ILY district would be more appropriate in

01:23:12.680 --> 01:23:14.360
 that context.

01:23:14.360 --> 01:23:21.160
 It would encourage still industrial uses like warehousing, distribution and light manufacturing.

01:23:21.160 --> 01:23:28.160
 But it doesn't have the intensity of the uses that HI does.

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,

01:23:33.400 --> 01:23:38.280
 those are more appropriate for that HI district and that's where you see that demarcation

01:23:38.280 --> 01:23:39.280
 come in.

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

01:23:46.720 --> 01:23:50.040
 has that LI buffer between those areas.

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

01:23:55.440 --> 01:24:02.200
 designations criterion to avoid sensitive land uses and ensure appropriate transitions.

01:24:02.200 --> 01:24:07.400
 And it really is given that visibility to the I-35 corridor, the proximity to adjacent

01:24:07.400 --> 01:24:13.800
 uses like the University of North Texas athletic facilities across the highway and also those

01:24:13.800 --> 01:24:21.520
 surrounding land uses, those light industrial uses adjacent to the subject property.

01:24:21.520 --> 01:24:27.120
 And we really feel that that existing zoning of LI district permits, still permits those

01:24:27.120 --> 01:24:32.520
 industrial uses, those types of uses that we want to see in industrial commerce.

01:24:32.520 --> 01:24:36.160
 But it just ensures that compatibility in terms of those uses.

01:24:36.160 --> 01:24:40.000
 So we really, we're relying on the wisdom of that existing zoning.

01:24:40.000 --> 01:24:46.480
 Now I want to talk about adverse impacts or impacts to the surrounding property.

01:24:46.480 --> 01:24:51.560
 One criterion for approval is that those, a rezoning should minimize those adverse impacts

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

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.

01:25:03.040 --> 01:25:10.080
 So I misspoke in the work session, the I-35W corridor was actually constructed prior to

01:25:10.080 --> 01:25:11.080
 1972.

01:25:11.080 --> 01:25:15.200
 I don't know the exact date, but it was prior to 1972.

01:25:15.200 --> 01:25:19.380
 And with the advent of that road, this area started to develop with warehouse and light

01:25:19.380 --> 01:25:22.380
 industrial facilities.

01:25:22.380 --> 01:25:28.280
 In recent years, UNT has relocated their athletic facilities near this subject property south

01:25:28.280 --> 01:25:30.060
 of the campus area.

01:25:30.060 --> 01:25:35.480
 And there have been other developments, distribution centers along Airport Road and other commercial

01:25:35.480 --> 01:25:38.280
 developments along the 35.

01:25:38.280 --> 01:25:43.060
 So it really has kind of shifted the character of the area from this industrial periphery

01:25:43.060 --> 01:25:48.280
 from the 1970s when it was kind of out on the edge of Denton.

01:25:48.280 --> 01:25:51.320
 And now it's kind of this mixed use distribution hub.

01:25:51.320 --> 01:25:54.960
 It's got that industrial uses, but it has a mix of uses.

01:25:54.960 --> 01:25:59.340
 As this area continues to develop, we anticipate it will develop consistent with that existing

01:25:59.340 --> 01:26:02.320
 zoning and use pattern.

01:26:02.320 --> 01:26:07.640
 With those light industrial and distribution uses along that I-35 corridor and those heavier

01:26:07.640 --> 01:26:17.360
 industrial uses toward the west, HI does permit uses, higher impact uses, which could affect

01:26:17.360 --> 01:26:19.920
 adjacent properties.

01:26:19.920 --> 01:26:26.320
 And given how this area has evolved, the existing zoning pattern, that adjacency to that primary

01:26:26.320 --> 01:26:32.640
 corridor within the city, that indicates that HI is just not appropriate in this area.

01:26:32.640 --> 01:26:37.040
 There could be negative impacts created with some of those more intense uses in HI.

01:26:37.040 --> 01:26:42.000
 And so once again, therefore, that existing LI district really is appropriate in this

01:26:42.000 --> 01:26:45.360
 area.

01:26:45.360 --> 01:26:49.720
 Have there been any significant changes in the area to warrant the zoning change?

01:26:49.720 --> 01:26:54.820
 There haven't been any significant changes to warrant a zoning change to a heavier industrial

01:26:54.820 --> 01:26:57.480
 zoning designation.

01:26:57.480 --> 01:26:59.800
 And once again, that development has been incremental.

01:26:59.800 --> 01:27:05.920
 You can see that kind of the way the area has developed from 1972 to today.

01:27:05.920 --> 01:27:13.920
 And it is consistent with that existing LI district.

01:27:13.920 --> 01:27:17.360
 Public facilities, there is adequate access to the I-35 corridor.

01:27:17.360 --> 01:27:25.240
 The applicant did provide trip generation, and based upon their other sites, and they

01:27:25.240 --> 01:27:30.360
 anticipate that this site would generate about 1,700 loads of materials per week.

01:27:30.360 --> 01:27:34.640
 And they would be able to connect to existing water and sewer facilities.

01:27:34.640 --> 01:27:39.600
 We do have some site photos just kind of showing the general area.

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.

01:27:46.600 --> 01:27:56.000
 The photo to the south is looking southwest toward the site in those adjacent uses.

01:27:56.000 --> 01:28:01.960
 This next photo is looking across the highway from the travel lanes of I-35W.

01:28:01.960 --> 01:28:08.760
 And then this final photo is just showing the adjacent development to the south of the

01:28:08.760 --> 01:28:09.760
 subject property.

01:28:09.760 --> 01:28:13.680
 So this is looking northwest.

01:28:13.680 --> 01:28:17.120
 I do want to make one correction.

01:28:17.120 --> 01:28:25.960
 I heard from our GIS department after work session, and given the opposition letters,

01:28:25.960 --> 01:28:33.040
 the written opposition that staff has received, we have received 48% opposition to the request.

01:28:33.040 --> 01:28:38.400
 So it will require a supermajority at council to approve the request.

01:28:38.400 --> 01:28:43.880
 So based upon the criteria for approval, staff does recommend denial of the request.

01:28:43.880 --> 01:28:47.560
 I'll be happy to answer any questions, and the applicant is here with the presentation

01:28:47.560 --> 01:28:48.560
 as well.

01:28:48.560 --> 01:28:49.560
 Great.

01:28:49.560 --> 01:28:50.840
 Thanks, Julie.

01:28:50.840 --> 01:28:52.880
 Any questions for Julie?

01:28:52.880 --> 01:28:55.240
 Okay.

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.

01:29:01.000 --> 01:29:05.240
 Good evening, Commission.

01:29:05.240 --> 01:29:06.320
 This is Amy Bissett.

01:29:06.320 --> 01:29:07.320
 Can you hear me?

01:29:07.320 --> 01:29:08.320
 We can.

01:29:08.320 --> 01:29:09.320
 All right.

01:29:09.320 --> 01:29:15.240
 Amy Bissett, 100 West Oak Street, Denton, Texas, 76201.

01:29:15.240 --> 01:29:20.960
 I appreciate the opportunity to talk with you about this project tonight.

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

01:29:24.160 --> 01:29:29.200
 to turn it over to a representative from Big City Crush Concrete.

01:29:29.200 --> 01:29:34.520
 But as Julie pulls up the presentation, I want to start by just acknowledging that this

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

01:29:40.840 --> 01:29:46.040
 Zoning Commission with a recommendation of denial from staff.

01:29:46.040 --> 01:29:51.300
 Our application was submitted close to a year ago now, and we have worked diligently to

01:29:51.300 --> 01:29:57.600
 try to arrive at a place with the staff that they would feel comfortable recommending approval,

01:29:57.600 --> 01:30:01.760
 and Julie and Richard have both been very helpful through that process.

01:30:01.760 --> 01:30:05.720
 But as you know, obviously, they're recommending denial.

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

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.

01:30:19.120 --> 01:30:26.920
 And I believed that the specific use permit process would allow us the opportunity to

01:30:26.920 --> 01:30:32.080
 address and mitigate for any nuisance issues or adverse impacts.

01:30:32.080 --> 01:30:40.160
 Additionally, my client, Big City Crush Concrete, bought this property in response to the same

01:30:40.160 --> 01:30:44.960
 perceived policy direction from city council, which I will briefly touch on just so that

01:30:44.960 --> 01:30:48.280
 you have the background of how this project came about.

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

01:30:56.760 --> 01:30:59.360
 here, then where?

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

01:31:05.000 --> 01:31:11.120
 is denial, it would be much appreciated from the commission to receive some direction about

01:31:11.120 --> 01:31:13.140
 where you think the use would be appropriate.

01:31:13.140 --> 01:31:16.920
 Julie, would you go to slide two, please?

01:31:16.920 --> 01:31:19.220
 I want to introduce you to our client.

01:31:19.220 --> 01:31:24.200
 Big City Crush Concrete is a family-owned and operated business that has been around

01:31:24.200 --> 01:31:25.200
 for 30 years.

01:31:25.200 --> 01:31:30.400
 They have multiple locations in DFW and around Texas.

01:31:30.400 --> 01:31:34.320
 They have been a preferred contractor for the city of Denton's recycling program for

01:31:34.320 --> 01:31:37.040
 the last 10 years, since 2010.

01:31:37.040 --> 01:31:41.960
 They've been an essential part of the city's building material recovery program.

01:31:41.960 --> 01:31:47.400
 And they have been an essential component to the street reconstruction projects that

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

01:31:55.380 --> 01:31:57.640
 improve the street conditions in Denton.

01:31:57.640 --> 01:32:04.160
 They actually operated this exact type of concrete crushing or recycling facility on

01:32:04.160 --> 01:32:09.800
 the city of Denton landfill property from 2010 to 2019.

01:32:09.800 --> 01:32:13.400
 There's an error in the slide, it actually was discontinued in 2019.

01:32:13.400 --> 01:32:22.440
 In 2018, the city council commissioned a study by Blue Ridge Solutions to take a comprehensive

01:32:22.440 --> 01:32:28.920
 look at the solid waste programs that were being offered by the city of Denton.

01:32:28.920 --> 01:32:33.640
 And the concrete recycling was a component of those programs that were being offered

01:32:33.640 --> 01:32:35.900
 on site on the landfill.

01:32:35.900 --> 01:32:41.440
 One of the recommendations that came out of that study was that they believed that the

01:32:41.440 --> 01:32:47.760
 service was essential to the city and the citizens, but that it could be handled by

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

01:32:54.320 --> 01:32:56.280
 the cost of those operations.

01:32:56.280 --> 01:33:05.480
 And so in response to that, BCCC decommissioned their landfill operation and purchased the

01:33:05.480 --> 01:33:09.080
 site that you're contemplating today.

01:33:09.080 --> 01:33:12.600
 I want to talk to you for a moment about, you know, what is this operation?

01:33:12.600 --> 01:33:13.600
 What does it do?

01:33:13.600 --> 01:33:17.920
 The slide that you're looking at, hopefully, which is slide two, shows a panoramic view

01:33:17.920 --> 01:33:21.880
 of their Lewisville plant that is in operation today.

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

01:33:29.080 --> 01:33:34.440
 stockpiles on site, but basically, you know, just to talk through what this would look

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

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

01:33:44.820 --> 01:33:46.760
 reconstruction process.

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

01:33:54.160 --> 01:34:02.000
 road would be crushed and recycled into road base that then the street crew would pick

01:34:02.000 --> 01:34:07.680
 up and use to create the new Hickory Street.

01:34:07.680 --> 01:34:17.180
 It is truly a recycling operation that is intended to prevent the disposal of concrete

01:34:17.180 --> 01:34:21.320
 in the city of Denton landfill.

01:34:21.320 --> 01:34:22.320
 Why does that matter?

01:34:22.320 --> 01:34:24.120
 Julie, if you'll go to slide three, please.

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

01:34:30.120 --> 01:34:36.140
 industry, according to the construction and demolition recycling association, construction

01:34:36.140 --> 01:34:42.680
 and demolition waste makes up 25% of all solid waste generated nationally and concrete makes

01:34:42.680 --> 01:34:45.080
 up 75% of that waste.

01:34:45.080 --> 01:34:50.200
 The city of Denton solid waste department recognized years ago that this was an important

01:34:50.200 --> 01:34:55.600
 part of landfill diversion and have for many years been an international leader in recycling

01:34:55.600 --> 01:35:02.360
 and landfill diversion and so they implemented that program as a part of their landfill services

01:35:02.360 --> 01:35:03.360
 at that time.

01:35:03.360 --> 01:35:08.400
 Furthermore, it aligns with the city streets department program for street maintenance

01:35:08.400 --> 01:35:13.160
 and reconstruction and the city's environmental services program.

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

01:35:20.400 --> 01:35:22.480
 certified building programs.

01:35:22.480 --> 01:35:27.840
 Furthermore, this particular type of operation does align with the city council's priorities

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

01:35:33.400 --> 01:35:39.440
 solid waste management strategy and the last bullet point of slide three to create a robust

01:35:39.440 --> 01:35:44.920
 construction building and operational environment that support solid waste reduction goals.

01:35:44.920 --> 01:35:50.360
 There is no bigger impact to reduction of construction waste than concrete recycling.

01:35:50.360 --> 01:35:55.400
 Julie, will you go to slide four, please?

01:35:55.400 --> 01:35:57.440
 She's reviewed your zoning request.

01:35:57.440 --> 01:36:00.440
 Our zoning request, I'm not going to review it again.

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

01:36:05.240 --> 01:36:09.440
 the review process with the city over the last 10 or 11 months.

01:36:09.440 --> 01:36:15.080
 The first one being the encroachment of HI zoning towards 35W.

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

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

01:36:30.760 --> 01:36:33.240
 go into that a little bit further in a moment.

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

01:36:37.800 --> 01:36:42.360
 long term view corridor of I-35.

01:36:42.360 --> 01:36:45.240
 Slide five, please.

01:36:45.240 --> 01:36:50.240
 Hopefully you're looking at our latest version of our concept plan right now.

01:36:50.240 --> 01:36:52.520
 I want to point out a couple of things.

01:36:52.520 --> 01:37:00.120
 In our last submission, we located the crushing operation entirely on the parcel that is HI

01:37:00.120 --> 01:37:01.480
 zoning today.

01:37:01.480 --> 01:37:07.800
 The crushing operation is highlighted in green on the concept plan and is contained entirely

01:37:07.800 --> 01:37:10.800
 within the HI zoning designation.

01:37:10.800 --> 01:37:15.000
 The pinkish purple area that surrounds that, which is the property that is considered for

01:37:15.000 --> 01:37:25.040
 rezoning today, would essentially be the operating yard for truck maneuvering and parking and

01:37:25.040 --> 01:37:28.480
 the operation itself would be entirely contained on HI.

01:37:28.480 --> 01:37:32.840
 We did have discussions with the city about the possibility of not rezoning this property

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

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

01:37:46.400 --> 01:37:52.760
 order to ensure that we didn't establish a pattern of HI encroachment towards I-35W.

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

01:37:58.320 --> 01:38:03.640
 concept plan, is 1,267 feet from the right of way.

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

01:38:11.720 --> 01:38:19.000
 use permit that was supportable, conducted extensive decibel testing at both the landfill

01:38:19.000 --> 01:38:23.880
 site while it was still in operation, the concrete crusher that was out there, and then

01:38:23.880 --> 01:38:27.120
 the new site on I-35W.

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

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

01:38:39.240 --> 01:38:43.240
 decibel levels from 65 to 67.3.

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

01:38:49.360 --> 01:38:56.300
 with no crushing operation and the frontage road, the two sites along the frontage road

01:38:56.300 --> 01:39:00.480
 tested at 67.6 to 70.3 decibels.

01:39:00.480 --> 01:39:05.280
 Bottom line is the highway's noise is louder than the equipment would be.

01:39:05.280 --> 01:39:07.360
 Slide seven, please, Julie.

01:39:07.360 --> 01:39:12.040
 We also commissioned 3D renderings to scale to try to demonstrate what it would actually

01:39:12.040 --> 01:39:14.960
 look from the I-35 corridor.

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

01:39:18.760 --> 01:39:23.000
 on 35W, but this is to provide some perspective here.

01:39:23.000 --> 01:39:28.480
 The stockpiles would be the highest point, the tallest point on the project, and they

01:39:28.480 --> 01:39:31.480
 would be kept at 45 feet tall.

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

01:39:36.600 --> 01:39:37.600
 what you would see.

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

01:39:45.720 --> 01:39:51.240
 rock piles in the distance, but the primary visual impact here would be mostly trees and

01:39:51.240 --> 01:39:53.360
 a screening fence.

01:39:53.360 --> 01:39:57.920
 With that, I would like to introduce Trey Brown with Big City Crush Concrete to speak

01:39:57.920 --> 01:40:06.200
 and provide a little more perspective on their relationship with the city and their intention

01:40:06.200 --> 01:40:07.200
 going forward.

01:40:07.200 --> 01:40:11.760
 Trey, if you'll hit star six, you'll unmute yourself.

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

01:40:16.960 --> 01:40:18.360
 for this presentation.

01:40:18.360 --> 01:40:21.760
 Thank you, Mr. Chairman, commissioners.

01:40:21.760 --> 01:40:23.220
 Thanks for your attention to our case.

01:40:23.220 --> 01:40:30.360
 I'm Trey Brown, an owner of Big City Crush Concrete, 11143 Goodnight Lane, Dallas 75229.

01:40:30.360 --> 01:40:33.520
 Big City Crush Concrete is a family-owned and operated recycling company.

01:40:33.520 --> 01:40:35.840
 We only recycle concrete.

01:40:35.840 --> 01:40:38.080
 Why is a concrete recycling business necessary?

01:40:38.080 --> 01:40:41.960
 Because concrete is generated in Denton by public works projects, infrastructure improvement

01:40:41.960 --> 01:40:44.440
 projects, private revitalization.

01:40:44.440 --> 01:40:46.400
 Concrete is removed every day in the city.

01:40:46.400 --> 01:40:47.640
 Where does it go?

01:40:47.640 --> 01:40:50.720
 It must go to a landfill to be dumped and buried at a substantial fee.

01:40:50.720 --> 01:40:54.200
 It's often illegally dumped, creating future environmental issues.

01:40:54.200 --> 01:40:58.440
 Or it can be delivered to an easily accessible municipal recycling facility for processing.

01:40:58.440 --> 01:41:02.920
 Contractor cities and the public are encouraged to properly dispose at the nearby recycling

01:41:02.920 --> 01:41:06.880
 facility at no cost, and therefore all illegal dumping is eliminated.

01:41:06.880 --> 01:41:09.920
 Restated, disposal is free.

01:41:09.920 --> 01:41:11.960
 What we do is make big rocks into small rocks.

01:41:11.960 --> 01:41:15.520
 The process is highly regulated by the Texas Commission on Environmental Quality.

01:41:15.520 --> 01:41:19.720
 This is the agency that established the criteria and provides the enforcement for our health

01:41:19.720 --> 01:41:20.720
 and welfare.

01:41:20.720 --> 01:41:24.520
 They will only consider compliant operators such as us to be located appropriately and

01:41:24.520 --> 01:41:26.960
 safely at sites such as this.

01:41:26.960 --> 01:41:32.800
 We meet 100% of the state's criteria relating to setback distances, air modeling, emissions,

01:41:32.800 --> 01:41:36.960
 and taking into consideration the adjacent businesses and topographical items, this site

01:41:36.960 --> 01:41:39.480
 is qualified and appropriate.

01:41:39.480 --> 01:41:41.600
 Why then this site and why now?

01:41:41.600 --> 01:41:45.240
 We operated at the outstanding city recycling facility for the benefit of the city of our

01:41:45.240 --> 01:41:49.400
 own of Denton from 2010 to 2019.

01:41:49.400 --> 01:41:53.180
 Denton had a flagship operation, but the city's focus changed and most recycling operations

01:41:53.180 --> 01:41:54.560
 ceased.

01:41:54.560 --> 01:41:57.600
 Denton hired the best consultants to examine what the future might look like and devise

01:41:57.600 --> 01:41:58.760
 a plan.

01:41:58.760 --> 01:42:02.560
 Blue Ridge consultants told your city management that concrete recycling would be solved in

01:42:02.560 --> 01:42:03.560
 the public sector.

01:42:03.560 --> 01:42:10.240
 Big City attempted a lease with the city at the landfill, but that lost traction.

01:42:10.240 --> 01:42:11.800
 Denton is a demanding city.

01:42:11.800 --> 01:42:13.360
 We are a compliant operator.

01:42:13.360 --> 01:42:17.560
 The city has set high standards and with this site plan, we will achieve these standards.

01:42:17.560 --> 01:42:22.000
 Remember, we operated for the city in the city at the landfill with access being off

01:42:22.000 --> 01:42:25.920
 of the unimproved Mayfield road entrance to the landfill and no one knew we were there

01:42:25.920 --> 01:42:27.640
 for over eight years.

01:42:27.640 --> 01:42:30.960
 We listened to what your consultant said and we were already moving forward.

01:42:30.960 --> 01:42:33.800
 We found two tracks, including the razor tracks.

01:42:33.800 --> 01:42:37.720
 These offered an oversized facility with a portion already zoned HI.

01:42:37.720 --> 01:42:43.320
 The adjacent businesses include two concrete batch plants, manufacturing, industrial warehousing

01:42:43.320 --> 01:42:45.560
 and transportation related manufacturing.

01:42:45.560 --> 01:42:48.800
 Please note the land for operations is already zoned HI.

01:42:48.800 --> 01:42:52.980
 We're only asking to grant access to the service road.

01:42:52.980 --> 01:42:57.000
 Access is directly off 535 service road so that no neighborhoods or other city streets

01:42:57.000 --> 01:42:58.120
 are utilized.

01:42:58.120 --> 01:43:02.600
 The tracks are hidden behind existing warehouses and take advantage of the falling elevation

01:43:02.600 --> 01:43:09.720
 down to our other neighbors, which are floodplain, agriculture and pasture grazing of cattle.

01:43:09.720 --> 01:43:14.040
 Most importantly, the site meets the stringent TCEQ standards with no affected residences,

01:43:14.040 --> 01:43:17.080
 churches or schools within range of this site.

01:43:17.080 --> 01:43:21.160
 This location offers the city and all of its current and future projects to recycle the

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.

01:43:27.360 --> 01:43:29.040
 You ask what happens to the rock?

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.

01:43:34.000 --> 01:43:37.760
 We assist in promoting infrastructure improvements.

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

01:43:41.640 --> 01:43:42.680
 or Dallas.

01:43:42.680 --> 01:43:47.120
 They already have concrete recycling facilities owned and operated by big city crushed concrete.

01:43:47.120 --> 01:43:51.240
 The waste material concrete is converted and used right back in your neighborhoods at a

01:43:51.240 --> 01:43:55.400
 local facility, not like aluminum, plastic or glass, which are simply handled locally

01:43:55.400 --> 01:43:56.840
 and processed abroad.

01:43:56.840 --> 01:43:59.520
 This saves big dollars.

01:43:59.520 --> 01:44:03.600
 Not a single extra mile of transport cost or emissions is generated.

01:44:03.600 --> 01:44:07.840
 In fact, every time the facility would be used would reduce mileage and emissions in

01:44:07.840 --> 01:44:09.400
 your city.

01:44:09.400 --> 01:44:12.640
 If you support this application, you support reduced truck traffic, you support cleaner

01:44:12.640 --> 01:44:16.900
 air, you support reduced congestion, you support lower cost infrastructure improvements.

01:44:16.900 --> 01:44:20.360
 You support your public works department, your street and water departments, you support

01:44:20.360 --> 01:44:23.720
 your local budgets and getting more bang for your buck.

01:44:23.720 --> 01:44:27.480
 Your support for this application supports the ideas of your highly paid and knowledgeable

01:44:27.480 --> 01:44:31.880
 city consultants who said the right operator will locate in your city to recycle concrete

01:44:31.880 --> 01:44:35.480
 that the city generates to be reused within your city at a substantial environmental and

01:44:35.480 --> 01:44:37.080
 budgetary savings.

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

01:44:42.160 --> 01:44:43.160
 city.

01:44:43.160 --> 01:44:45.400
 This must occur and the site is appropriate.

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

01:44:48.760 --> 01:44:52.000
 big city crushed concrete are committed to making a flagship site for benefit of the

01:44:52.000 --> 01:44:54.040
 city and its taxpayers.

01:44:54.040 --> 01:44:57.800
 Support for this request is supporting for this support for recycling in your community

01:44:57.800 --> 01:45:04.160
 and his support for the guidelines set forth for your city based upon the criteria described

01:45:04.160 --> 01:45:07.280
 by blue ridge consultants all the way back in 2018.

01:45:07.280 --> 01:45:09.920
 Three years later, the city has no recycling program.

01:45:09.920 --> 01:45:15.520
 We must move forward and approval of this recycling plan would constitute that.

01:45:15.520 --> 01:45:16.520
 Thank you.

01:45:16.520 --> 01:45:17.520
 I'm available for questions.

01:45:17.520 --> 01:45:18.520
 Appreciate that.

01:45:18.520 --> 01:45:22.720
 Mr. Brown and Mrs. Bissett, is there any questions for the applicant?

01:45:22.720 --> 01:45:23.720
 Commissioner Smith.

01:45:23.720 --> 01:45:29.460
 I got a lot, so I'll get him out of here.

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

01:45:32.800 --> 01:45:33.800
 that.

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

01:45:41.000 --> 01:45:49.500
 that discussed with street maintenance or any of those departments about maybe the need

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

01:45:54.040 --> 01:45:58.760
 road improvements that we have coming up?

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

01:46:05.700 --> 01:46:09.760
 what their needs will be upcoming for this type of material.

01:46:09.760 --> 01:46:10.760
 That works.

01:46:10.760 --> 01:46:11.760
 Thank you.

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

01:46:18.120 --> 01:46:20.520
 services like this already in town somewhere?

01:46:20.520 --> 01:46:31.200
 Or were you guys the only business in town that was doing this type of recycling?

01:46:31.200 --> 01:46:33.320
 This is Trey Brown.

01:46:33.320 --> 01:46:38.440
 There are no authorized legal facilities in the city of Denton.

01:46:38.440 --> 01:46:44.760
 The facility up the Mayfield landfill was the only one.

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

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

01:46:56.600 --> 01:46:58.720
 government agencies that are in Denton, right?

01:46:58.720 --> 01:47:04.520
 So University of North Texas, TWA, State, and then obviously things to be done with

01:47:04.520 --> 01:47:06.320
 the city of Denton.

01:47:06.320 --> 01:47:11.920
 Would it be foreseen that business will be lost since there is no other competition in

01:47:11.920 --> 01:47:17.200
 town if this site was not approved, would competition, would you lose contracts because

01:47:17.200 --> 01:47:23.160
 you're not locally sourced or locally located?

01:47:23.160 --> 01:47:27.800
 We currently do not maintain any contracts with the city of Denton.

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

01:47:32.800 --> 01:47:35.560
 used the finished product.

01:47:35.560 --> 01:47:42.360
 The dilemma here is that accessibility is a key for efficiency relating to municipal

01:47:42.360 --> 01:47:44.920
 projects, as well as all private projects.

01:47:44.920 --> 01:47:50.360
 And we were contacted indeed by a street department saying, where is our alternative?

01:47:50.360 --> 01:47:55.080
 And we suggested our nearest facility, which is Louisville, and a street department indicated

01:47:55.080 --> 01:47:58.480
 that was just cost prohibitive to transport at that distance.

01:47:58.480 --> 01:48:04.640
 That is why the proximity to the most major arterial roadway through Denton is appropriate.

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.

01:48:10.040 --> 01:48:15.080
 The dilemma there is that that moves, that option moves more traffic up and down major

01:48:15.080 --> 01:48:22.240
 east-west arterial roadways, instead of putting it directly on the most major arterial roadway,

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

01:48:28.080 --> 01:48:29.080
 wheelers.

01:48:29.080 --> 01:48:35.800
 So, I guess, once again, back to that original question, then, if our CIP department said,

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

01:48:39.840 --> 01:48:43.360
 the city staff, where would we take this concrete then?

01:48:43.360 --> 01:48:48.600
 We know we're ripping up roads, where, maybe just from a legislative standpoint, enlighten

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?

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

01:49:01.800 --> 01:49:07.520
 contract obligations are included, that's where they would dispose it.

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

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

01:49:19.240 --> 01:49:20.240
 removed.

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

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

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

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

01:49:43.520 --> 01:49:46.560
 forward for CIP projects.

01:49:46.560 --> 01:49:53.400
 And that I'm not, I couldn't say yes, yes or no.

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

01:49:59.020 --> 01:50:05.040
 constructing a facility for benefit of any individual projects that are current or future.

01:50:05.040 --> 01:50:06.400
 It's kind of like field of dreams.

01:50:06.400 --> 01:50:10.100
 We actually have to have the confidence to establish a facility based on the criteria

01:50:10.100 --> 01:50:14.760
 we've experienced for 32 years and have it and introduce the opportunity.

01:50:14.760 --> 01:50:21.040
 The proper opportunities will drive the candidacy of this being the proper disposal facility,

01:50:21.040 --> 01:50:26.160
 as well as the proper avenue to reintroduce the aggregate back in the marketplace at the

01:50:26.160 --> 01:50:27.160
 most efficient cost.

01:50:27.160 --> 01:50:32.800
 The reduced transport, times, congestions, mean reduced costs to your community.

01:50:32.800 --> 01:50:34.600
 Yeah, of course.

01:50:34.600 --> 01:50:37.000
 And that's actually not the direction I'm heading there, Mr. Brown.

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

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

01:50:46.760 --> 01:50:51.640
 here that with no guarantee or promise whatsoever that any private entity would automatically

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

01:50:57.680 --> 01:50:58.680
 it then.

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,

01:51:03.040 --> 01:51:07.200
 is that increasing costs because there isn't a facility closer that the contractor or whoever

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

01:51:13.560 --> 01:51:14.560
 for me.

01:51:14.560 --> 01:51:15.560
 So thank you.

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

01:51:20.880 --> 01:51:23.040
 on the piles, where does that come from?

01:51:23.040 --> 01:51:24.440
 Is that an industry standard?

01:51:24.440 --> 01:51:27.000
 Is that something that OSHA recommends?

01:51:27.000 --> 01:51:31.280
 Is that, is that something that would be requested in the SUP?

01:51:31.280 --> 01:51:33.640
 Where does that 45 feet number come from?

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

01:51:43.760 --> 01:51:46.280
 modeling all across the state.

01:51:46.280 --> 01:51:50.720
 And that is the traditional height that is prescribed.

01:51:50.720 --> 01:51:55.040
 There are provisions to go higher as facilities may be necessary.

01:51:55.040 --> 01:52:00.240
 We would never request anything here in regards to exceeding the existing standards.

01:52:00.240 --> 01:52:07.320
 45 feet is what we would be.

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

01:52:12.640 --> 01:52:16.220
 just a recommendation?

01:52:16.220 --> 01:52:20.240
 The city of Denton does not have its own environmental program to monitor air.

01:52:20.240 --> 01:52:26.800
 So it is all authorized through Austin and TCEQ and all administration and inspections

01:52:26.800 --> 01:52:31.800
 are provided by TCEQ Region 4 right here in Fort Worth.

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

01:52:37.960 --> 01:52:40.840
 would be forced to have an SUP on this, correct?

01:52:40.840 --> 01:52:43.040
 Correct, yes.

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

01:52:49.560 --> 01:52:51.960
 it in there, the pile heights capped?

01:52:51.960 --> 01:52:52.960
 Yes.

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,

01:53:00.840 --> 01:53:06.840
 but it, that can be limited with the SUP.

01:53:06.840 --> 01:53:08.640
 Thank you.

01:53:08.640 --> 01:53:19.520
 How much public dumping is done now at other, other sites through BCC?

01:53:19.520 --> 01:53:20.520
 Trey Brown.

01:53:20.520 --> 01:53:29.200
 It's a vast array and it absolutely includes everything from the family with the Volkswagen

01:53:29.200 --> 01:53:34.580
 station wagon and, or a Volvo station wagon, a five gallon bucket of mortar from around

01:53:34.580 --> 01:53:42.540
 their flower garden to, to church parking lots being revitalized to text out roadways.

01:53:42.540 --> 01:53:48.640
 We receive one of the, whatever's recyclable and available to us.

01:53:48.640 --> 01:53:51.480
 And then the, the city directed you to look elsewhere.

01:53:51.480 --> 01:53:57.600
 Obviously after the lease fell through with the, with the landfill.

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,

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

01:54:07.400 --> 01:54:14.200
 discussion happen with the city in regards to this location?

01:54:14.200 --> 01:54:20.080
 Then regarding this specific location immediately upon the closure of the recycling, the majority

01:54:20.080 --> 01:54:26.040
 of the recycling operations at the city landfill, we had already approached the city through

01:54:26.040 --> 01:54:32.080
 previous solid waste management about leasing space at Mayfield.

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

01:54:38.900 --> 01:54:43.400
 to go to a private opportunity would be the most appropriate.

01:54:43.400 --> 01:54:44.400
 Okay.

01:54:44.400 --> 01:54:46.760
 Site specific, not questioned.

01:54:46.760 --> 01:54:53.360
 We use the criteria for 32 years of operation and 10 other facilities to find accessibility,

01:54:53.360 --> 01:54:58.360
 reduce visibility and similar type neighbors.

01:54:58.360 --> 01:54:59.360
 Okay.

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.

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

01:55:09.160 --> 01:55:13.080
 and most of the operations happening in the back of the property, the far Western edge.

01:55:13.080 --> 01:55:16.360
 Would it be where the parking lot is currently existing in that property?

01:55:16.360 --> 01:55:26.680
 But would you guys demolish that that parking lot and put it there?

01:55:26.680 --> 01:55:27.680
 This is Amy.

01:55:27.680 --> 01:55:34.320
 This is so originally we had proposed for the crushing operation to be where the parking

01:55:34.320 --> 01:55:36.080
 is today.

01:55:36.080 --> 01:55:41.760
 But after multiple conversations with the city, we thought that it might be more appropriate

01:55:41.760 --> 01:55:47.160
 to place it entirely within the area that's already zoned heavy industry.

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.

01:55:54.520 --> 01:55:55.520
 Okay.

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

01:56:01.360 --> 01:56:04.480
 in existence.

01:56:04.480 --> 01:56:06.960
 It would become a vehicle maneuvering area.

01:56:06.960 --> 01:56:11.960
 That's all the questions I have.

01:56:11.960 --> 01:56:12.960
 Thank you.

01:56:12.960 --> 01:56:13.960
 Thank you.

01:56:13.960 --> 01:56:14.960
 Mr. Smith.

01:56:14.960 --> 01:56:15.960
 Commissioner Beck.

01:56:15.960 --> 01:56:16.960
 Thank you.

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

01:56:22.520 --> 01:56:24.840
 kind of thing.

01:56:24.840 --> 01:56:31.360
 If for, for the, for this parcel that's currently mixed heavy industrial and light industrial

01:56:31.360 --> 01:56:38.840
 would, if the concrete plant could, could the, could the crushing plant be put on the

01:56:38.840 --> 01:56:48.960
 heavy industrial section and then the use the, the associated use be allowed within

01:56:48.960 --> 01:56:57.840
 light industrial for the non crushing operations or, or really these have to be treated in

01:56:57.840 --> 01:57:00.940
 concert as one use.

01:57:00.940 --> 01:57:01.940
 You are correct.

01:57:01.940 --> 01:57:02.940
 The latter.

01:57:02.940 --> 01:57:03.940
 Yes, sir.

01:57:03.940 --> 01:57:04.940
 The latter.

01:57:04.940 --> 01:57:05.940
 Okay.

01:57:05.940 --> 01:57:06.940
 Thank you.

01:57:06.940 --> 01:57:11.640
 Any other questions for the applicant?

01:57:11.640 --> 01:57:18.560
 Okay, Mr. Brown and Ms. Bissett, thank you for, for being here.

01:57:18.560 --> 01:57:21.800
 I'm going to go ahead and close the public hearing.

01:57:21.800 --> 01:57:27.240
 I have a question just for clarification on my end.

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

01:57:34.440 --> 01:57:35.440
 manufacturing.

01:57:35.440 --> 01:57:36.440
 Is that correct?

01:57:36.440 --> 01:57:37.440
 Correct.

01:57:37.440 --> 01:57:38.440
 Okay.

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

01:57:42.440 --> 01:57:45.400
 actually voting on any uses today.

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

01:57:51.240 --> 01:57:58.240
 sub chapter five of the code and LI and HI are very, very much alike.

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

01:58:05.440 --> 01:58:10.920
 and RV park at least from what I can see, those are permitted uses.

01:58:10.920 --> 01:58:15.680
 And then there's adult entertainment, high impact manufacturing, slaughterhouse, wind

01:58:15.680 --> 01:58:22.560
 energy conversion systems and commercial incinerators that we would be opened up to potentially

01:58:22.560 --> 01:58:26.480
 through an SUP process of the HI.

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

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.

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

01:58:47.560 --> 01:58:48.760
 very similar.

01:58:48.760 --> 01:58:58.280
 However, heavy industrial would certainly open up different parameters that these operations

01:58:58.280 --> 01:58:59.280
 could, could function.

01:58:59.280 --> 01:59:02.060
 Am I correct in that Richard and Julie?

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?

01:59:14.360 --> 01:59:19.400
 Larger higher scale operation, correct?

01:59:19.400 --> 01:59:20.400
 That's correct.

01:59:20.400 --> 01:59:26.080
 There are some limitations given the proximity to the airport.

01:59:26.080 --> 01:59:31.880
 So there are some height limitations that they would have as far as building wise.

01:59:31.880 --> 01:59:35.440
 But it definitely could open up to much more intense uses.

01:59:35.440 --> 01:59:36.440
 Right.

01:59:36.440 --> 01:59:37.440
 Okay.

01:59:37.440 --> 01:59:38.440
 Thank you.

01:59:38.440 --> 01:59:39.440
 Slaughterhouse being one.

01:59:39.440 --> 01:59:40.440
 Correct.

01:59:40.440 --> 01:59:45.600
 Well, the public hearing is closed.

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

01:59:51.000 --> 01:59:56.000
 and getting to a vote.

01:59:56.000 --> 01:59:58.240
 Anyone want to take a leap?

01:59:58.240 --> 02:00:00.240
 Christian or back?

02:00:00.240 --> 02:00:04.560
 Yeah, I'll take that leap, thank you, Chair.

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

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

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

02:00:22.480 --> 02:00:23.600
 future land use.

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

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

02:00:40.520 --> 02:00:42.120
 we don't need this use in Denton.

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,

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

02:00:56.560 --> 02:00:58.920
 that is this use for Denton and appropriate use.

02:00:58.920 --> 02:01:01.040
 I think it's just clear because we had it in the landfill.

02:01:01.040 --> 02:01:07.480
 So my motion is for denial for the reasons specified by staff.

02:01:07.480 --> 02:01:11.680
 We have a first for denial, Commissioner Ellis.

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

02:01:18.920 --> 02:01:20.440
 interpretation of this.

02:01:20.440 --> 02:01:28.760
 I do appreciate the applicant presentation and, and, and enlightening us to their reasons.

02:01:28.760 --> 02:01:32.840
 However, you know, re zones got to take very seriously.

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

02:01:38.960 --> 02:01:42.960
 like that's it's just, it is just not, not appropriate.

02:01:42.960 --> 02:01:48.000
 Alright, discussion, we're going to go first to Commissioner Smith.

02:01:48.000 --> 02:01:49.720
 Thank you, chair.

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,

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

02:02:03.640 --> 02:02:04.640
 right place.

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

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,

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

02:02:23.480 --> 02:02:28.160
 to the detriment of some of the people surrounding them already currently in that property looks

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

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,

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

02:02:44.000 --> 02:02:45.000
 right now.

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

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

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

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

02:03:08.880 --> 02:03:09.880
 doesn't matter so much.

02:03:09.880 --> 02:03:15.480
 And if the applicant who does have a very compelling argument that this was done out

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

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

02:03:24.420 --> 02:03:28.000
 to interpret the code and determine what's best as the code is written.

02:03:28.000 --> 02:03:34.400
 So therefore I do agree with Commissioner Beck and Commissioner Ellis.

02:03:34.400 --> 02:03:36.000
 Thank you, Commissioner Smith.

02:03:36.000 --> 02:03:39.000
 Any other discussion?

02:03:39.000 --> 02:03:42.080
 I'll weigh in here and I'll give a spoiler.

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.

02:03:47.200 --> 02:03:54.080
 Call me convinced by Ms. Bissett and Mr. Brown, but the leading question, Amy asked, was,

02:03:54.080 --> 02:03:56.960
 if not here, then where?

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

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.

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,

02:04:19.260 --> 02:04:25.640
 it's either media manufacturing or an RV park, anything else besides those two items would

02:04:25.640 --> 02:04:28.400
 come back to us for an SUP.

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

02:04:36.520 --> 02:04:39.520
 we have some height restrictions built into airspace.

02:04:39.520 --> 02:04:41.820
 So I think we're in a kind of unique situation.

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

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

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

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

02:05:05.880 --> 02:05:12.280
 of land, which they're obviously against, but I certainly respect and appreciate the

02:05:12.280 --> 02:05:17.680
 work staff put into this, and I appreciate Commissioner Beck and Commissioner Smith both

02:05:17.680 --> 02:05:21.000
 saying this is not the right location, but we need it in town.

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

02:05:26.880 --> 02:05:31.160
 where dump trucks would be going in and out continually.

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

02:05:39.420 --> 02:05:43.000
 this to council with approval.

02:05:43.000 --> 02:05:44.560
 Any other discussion on this item?

02:05:44.560 --> 02:05:47.620
 We'll go to Commissioner Anderson and back to Commissioner Ellis.

02:05:47.620 --> 02:05:50.560
 Well, I'll just kind of put in my two cents.

02:05:50.560 --> 02:05:52.680
 I don't personally, I don't think I could help.

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

02:05:58.140 --> 02:06:03.260
 concrete and I did some reading on concrete and stuff, but it produces large amounts of

02:06:03.260 --> 02:06:07.700
 dust and sand and it has a high particles.

02:06:07.700 --> 02:06:13.120
 The particles could scar your lungs causing disabling irreversible lung disease and it's

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

02:06:20.520 --> 02:06:24.300
 concrete industry has one of the highest deaths due to silicosis.

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

02:06:30.840 --> 02:06:36.280
 southern wind that comes from the south, southeast, southwest, that wind could be blowing that

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

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

02:06:48.680 --> 02:06:51.260
 the students.

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

02:06:54.980 --> 02:06:57.920
 and that too close to a athletic facility.

02:06:57.920 --> 02:06:58.920
 So thanks.

02:06:58.920 --> 02:07:02.640
 Thanks, Commissioner Anderson, Commissioner Ellis.

02:07:02.640 --> 02:07:03.640
 Thank you, Chair.

02:07:03.640 --> 02:07:04.640
 Yeah, I was just going to add to your point.

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.

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

02:07:16.480 --> 02:07:18.720
 put it?

02:07:18.720 --> 02:07:22.160
 It will be the collapse of that light industrial use there.

02:07:22.160 --> 02:07:24.080
 That is what's going to happen.

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

02:07:31.160 --> 02:07:36.080
 have neighbors here who are functioning light industrial, we've already heard from them

02:07:36.080 --> 02:07:43.840
 in their opinion, their tenants will leave if this is allowed to be developed here.

02:07:43.840 --> 02:07:47.020
 Appreciate that, Commissioner Ellis.

02:07:47.020 --> 02:07:50.160
 Any other discussion on this item?

02:07:50.160 --> 02:07:52.680
 Okay, let's take a vote via roll call.

02:07:52.680 --> 02:07:55.760
 Just a reminder, the motion on the table is for a denial.

02:07:55.760 --> 02:07:59.440
 So a motion and the affirmative is to support the denial.

02:07:59.440 --> 02:08:01.520
 We'll start it with Commissioner Ellis.

02:08:01.520 --> 02:08:02.520
 Aye.

02:08:02.520 --> 02:08:03.800
 Commissioner Beck.

02:08:03.800 --> 02:08:04.800
 Aye.

02:08:04.800 --> 02:08:06.520
 Commissioner Anderson.

02:08:06.520 --> 02:08:07.520
 Aye.

02:08:07.520 --> 02:08:09.480
 Commissioner Cole.

02:08:09.480 --> 02:08:10.480
 Aye.

02:08:10.480 --> 02:08:12.400
 Commissioner Smith.

02:08:12.400 --> 02:08:13.400
 Aye.

02:08:13.400 --> 02:08:14.880
 Commissioner Pernetta.

02:08:14.880 --> 02:08:15.880
 Aye.

02:08:15.880 --> 02:08:21.640
 Chair, as a nay, motion carries 6-1.

02:08:21.640 --> 02:08:23.720
 That brings us to our next item of business.

02:08:23.720 --> 02:08:29.560
 That is item 4D, S20-0008.

02:08:29.560 --> 02:08:36.600
 This item is to be presented by Karina Maldonado and I will open the public hearing.

02:08:36.600 --> 02:08:44.480
 Karina, whenever you're ready, the floor is yours.

02:08:44.480 --> 02:08:45.480
 Good evening.

02:08:45.480 --> 02:09:00.120
 Let me just pull up the presentation now.

02:09:00.120 --> 02:09:02.760
 Good evening, Karina Maldonado, Assistant Planner.

02:09:02.760 --> 02:09:09.440
 The request today is for S20-0008 for legacy multifamily.

02:09:09.440 --> 02:09:16.480
 The request is for specific use permit to permit multifamily dwellings on approximately

02:09:16.480 --> 02:09:21.760
 16.106 acres within the R7 zoning district.

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

02:09:28.000 --> 02:09:33.640
 zoning back in 2012 after this property was annexed into the city.

02:09:33.640 --> 02:09:39.520
 The initial zoning for this property and the adjacent property was for community mixed

02:09:39.520 --> 02:09:45.520
 use and then neighborhood residential mixed use 12, which then transitioned to the R7

02:09:45.520 --> 02:09:50.200
 zoning district in 2019.

02:09:50.200 --> 02:09:55.080
 So the site plan on here, it proposes six three-story buildings.

02:09:55.080 --> 02:10:01.400
 Those are these buildings shown in red with a total of 264 dwelling units.

02:10:01.400 --> 02:10:05.920
 That consists of one, two and three bedroom units.

02:10:05.920 --> 02:10:10.200
 There is one clarification on the presentation from the staff report.

02:10:10.200 --> 02:10:14.680
 That is that the parking proposed is 519 parking spaces.

02:10:14.680 --> 02:10:18.560
 That does include covered and uncovered parking.

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

02:10:22.320 --> 02:10:23.900
 that out later.

02:10:23.900 --> 02:10:29.400
 It does also include a reduction in parking for proximity to transit.

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

02:10:33.920 --> 02:10:35.320
 High School.

02:10:35.320 --> 02:10:40.920
 In addition to that, there are proposed 28 bicycle spaces, which goes hand in hand with

02:10:40.920 --> 02:10:44.560
 the internal bicycle and pedestrian circulation within the site.

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

02:10:51.080 --> 02:10:56.780
 on the south side of McKinney Street, which would be six feet.

02:10:56.780 --> 02:11:04.000
 One thing to mention about this site is that East McKinney Street is currently under construction

02:11:04.000 --> 02:11:06.800
 for the street widening project.

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

02:11:13.160 --> 02:11:14.160
 turn lane.

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

02:11:20.820 --> 02:11:29.040
 on the south side, as well as improvements to water, wastewater and storm water improvements.

02:11:29.040 --> 02:11:31.960
 You can see also on the site, two driveways.

02:11:31.960 --> 02:11:38.080
 The westernmost driveway is that full access that allows both in and out turn movements

02:11:38.080 --> 02:11:44.480
 from both directions, as well as the eastern access, which is an exit only.

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

02:11:50.920 --> 02:11:54.960
 traffic flow to come in through the west side.

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

02:12:01.760 --> 02:12:05.880
 plain and riparian buffer that are existing on the site.

02:12:05.880 --> 02:12:10.080
 They are located on the southern two acres of the property.

02:12:10.080 --> 02:12:16.760
 The development impact area of this site actually follows those boundaries of the flood plain.

02:12:16.760 --> 02:12:22.120
 However, while the development is proposing to stay out of it, they are also moving that

02:12:22.120 --> 02:12:24.740
 line backwards.

02:12:24.740 --> 02:12:29.440
 While the development impact area follows the flood plain, that's mostly because of

02:12:29.440 --> 02:12:30.440
 tree preservation.

02:12:30.440 --> 02:12:39.400
 They're actually limiting development to where this fence line would be shown.

02:12:39.400 --> 02:12:44.760
 Related to that, going to their landscape plan, this proposed development is actually

02:12:44.760 --> 02:12:50.760
 proposing an increase in landscape area and tree canopy for the R7 zoning district.

02:12:50.760 --> 02:12:55.400
 They're proposing 41% landscaped area within the development impact area.

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%

02:13:02.080 --> 02:13:08.080
 canopy, which also includes the preserved trees or the canopy from the preserved trees.

02:13:08.080 --> 02:13:13.900
 Part of that also includes street trees along East McKinney to help provide that shading

02:13:13.900 --> 02:13:21.200
 along those sidewalks and then connect the public and private roads.

02:13:21.200 --> 02:13:27.680
 There's also right-of-way screening for that parking that is near the southern exit.

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,

02:13:33.240 --> 02:13:40.360
 the parking is behind the building line, but they are proposing large shade trees to screen

02:13:40.360 --> 02:13:44.160
 that further from East McKinney Street.

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

02:13:49.560 --> 02:13:52.440
 proposing a six-foot masonry wall.

02:13:52.440 --> 02:13:59.120
 That is to buffer the multifamily use from the Texas Department of Public Safety building

02:13:59.120 --> 02:14:05.120
 that is currently under construction that is in line with the landscape criteria for

02:14:05.120 --> 02:14:08.200
 buffers between adjacent uses.

02:14:08.200 --> 02:14:15.160
 It will stop at the end of the use, which is just before the floodplain.

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

02:14:19.960 --> 02:14:28.160
 to provide security to the multifamily use while also ensuring that there is no disturbance

02:14:28.160 --> 02:14:33.240
 of that floodplain area by residents.

02:14:33.240 --> 02:14:36.720
 I already mentioned they're exceeding minimum tree preservation.

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.

02:14:44.120 --> 02:14:50.360
 Within that, there are courtyard spaces, picnic areas, grilling areas, as well as an enclosed

02:14:50.360 --> 02:14:54.760
 dog park for the residents.

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

02:14:59.560 --> 02:15:00.560
 elevations.

02:15:00.560 --> 02:15:08.240
 They are maintaining a residential height, just under 40 feet, and they are proposing

02:15:08.240 --> 02:15:16.240
 a earth-toned concept with these light greens, tans, and brooms.

02:15:16.240 --> 02:15:19.920
 These are the buildings that would be fronting on East McKinney Street, and these would be

02:15:19.920 --> 02:15:25.320
 the buildings towards the rear of the property.

02:15:25.320 --> 02:15:30.720
 The surrounding development, as I mentioned, there is the Texas Department of Public Safety

02:15:30.720 --> 02:15:34.400
 facility that is currently under construction on the west side.

02:15:34.400 --> 02:15:37.160
 There is residential that's existing to the north.

02:15:37.160 --> 02:15:46.520
 However, that's existing residential, that's larger lot, that is really the result of subdivision

02:15:46.520 --> 02:15:47.520
 by deed.

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

02:15:54.200 --> 02:15:55.200
 of way.

02:15:55.200 --> 02:16:01.120
 It's not within an established subdivision, so the character is not uniform, but it still

02:16:01.120 --> 02:16:06.720
 maintains that low residential component around the area.

02:16:06.720 --> 02:16:12.420
 To the south is the floodplain, which is just city-owned property.

02:16:12.420 --> 02:16:18.360
 As was mentioned on work session, this is actually part of the Beacon Creek area, and

02:16:18.360 --> 02:16:22.360
 the city does own park space to the west of this.

02:16:22.360 --> 02:16:27.120
 There is a church just across the street from this property that does own an undeveloped

02:16:27.120 --> 02:16:31.640
 parcel that would have to be developed under R2 standards.

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,

02:16:40.360 --> 02:16:43.960
 would have to develop under those MN standards.

02:16:43.960 --> 02:16:49.840
 So there are some general approval criteria, as well as specific SUP criteria.

02:16:49.840 --> 02:16:50.840
 You saw this quite lengthy.

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.

02:16:54.560 --> 02:16:59.600
 Of course, talking about Denton Plan 2030, this is our comprehensive plan.

02:16:59.600 --> 02:17:03.840
 Looking at the future land use designation, we see that it's designated as community mixed

02:17:03.840 --> 02:17:11.280
 use, which does promote that mix of commercial and moderate to high density residential.

02:17:11.280 --> 02:17:19.260
 So the proposed use is compatible with that future land use designation, as well as consistent

02:17:19.260 --> 02:17:22.860
 with what is called our corridor focus area.

02:17:22.860 --> 02:17:27.360
 So that is another goal within our future land use that just ensures that development

02:17:27.360 --> 02:17:32.760
 within the corridors of East McKinney Street between Loop 288 and Mayhill, that they're

02:17:32.760 --> 02:17:37.320
 developed within certain urban design criteria.

02:17:37.320 --> 02:17:43.120
 As you can see, by the proposed plan, it does encourage the use of multimodal transportation

02:17:43.120 --> 02:17:47.120
 with that bike-ped component and then proximity to transit.

02:17:47.120 --> 02:17:52.440
 They are proposing parking reductions and increased landscaping, as well as that orientation

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.

02:18:00.040 --> 02:18:05.040
 And really, those design principles have already been incorporated to the multifamily site

02:18:05.040 --> 02:18:09.040
 design standards, the R7 district, and various parts of our code.

02:18:09.040 --> 02:18:13.360
 So they are meeting that intent.

02:18:13.360 --> 02:18:18.080
 They are also minimizing at first environmental impacts to the site.

02:18:18.080 --> 02:18:22.080
 As I mentioned, there is floodplain, undeveloped floodplain in Riparian.

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

02:18:28.840 --> 02:18:31.920
 are the boundaries that are existing today.

02:18:31.920 --> 02:18:37.120
 They could propose to revise those boundaries, however, they've chosen to stay out of that

02:18:37.120 --> 02:18:38.200
 area completely.

02:18:38.200 --> 02:18:43.080
 This is an approximately two-acre area.

02:18:43.080 --> 02:18:49.920
 There is heavy canopy, and that area outside the floodplain is what they are preserving

02:18:49.920 --> 02:18:53.200
 to meet their minimum tree preservation requirements.

02:18:53.200 --> 02:18:57.120
 And then as we spoke about in work session, they did complete their downstream assessment

02:18:57.120 --> 02:19:07.280
 to ensure that any flow of drainage, if not detained, would not impact severely the floodplain.

02:19:07.280 --> 02:19:10.040
 I'll briefly touch on the surrounding area.

02:19:10.040 --> 02:19:13.840
 I know a lot of this is repetitious.

02:19:13.840 --> 02:19:20.080
 The R7 district, along with that future land use, does support that compatibility of, or

02:19:20.080 --> 02:19:26.360
 that transition, I should say, from single-family residential neighborhoods to higher-intensity

02:19:26.360 --> 02:19:27.360
 mixed use.

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

02:19:35.080 --> 02:19:41.240
 a higher density, the area to the east, it does transition down from higher density down

02:19:41.240 --> 02:19:49.160
 to lower density, R4, R3, it does provide that buffer between the more commercialized

02:19:49.160 --> 02:19:52.800
 area within the SC zoning district.

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

02:19:59.040 --> 02:20:01.680
 did want to mention is that residential scale.

02:20:01.680 --> 02:20:07.000
 So the R7 district is one of our residential zoning districts, which means it does maintain

02:20:07.000 --> 02:20:08.880
 that maximum height of 40 feet.

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

02:20:15.600 --> 02:20:16.600
 R4.

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.

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

02:20:30.000 --> 02:20:36.800
 that landscaping to make sure that it's not too or vastly different from the surrounding

02:20:36.800 --> 02:20:37.800
 area.

02:20:37.800 --> 02:20:46.220
 Last, just building coverage, the maximum 65%, they are only proposing 19%.

02:20:46.220 --> 02:20:49.320
 So a TIA was conducted for this development.

02:20:49.320 --> 02:20:55.000
 There is only an increase of 1,400 trips, roughly, within a 24-hour period.

02:20:55.000 --> 02:21:02.400
 However, as I mentioned earlier, the expansion of East McKinney Street does take into consideration

02:21:02.400 --> 02:21:08.680
 increased trips, not only from this development, but future development within the undeveloped

02:21:08.680 --> 02:21:12.440
 areas on East McKinney Street.

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

02:21:19.240 --> 02:21:27.200
 as those mixed-use path and sidewalk, also, again, next to transit, so it is providing

02:21:27.200 --> 02:21:29.600
 that multimodal component.

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

02:21:35.520 --> 02:21:40.480
 lane would be required for this site due to the increased traffic.

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

02:21:46.200 --> 02:21:53.760
 access is actually for exit only to just reduce any conflicts on that roadway.

02:21:53.760 --> 02:21:59.400
 They do have access to water and wastewater via the improvements on East McKinney Street.

02:21:59.400 --> 02:22:04.680
 They are within one-fourth mile of open space.

02:22:04.680 --> 02:22:06.480
 It has not been developed yet.

02:22:06.480 --> 02:22:12.000
 I believe, when speaking with parks, that is still about three to five years out tentatively.

02:22:12.000 --> 02:22:18.520
 However, they are providing some on-site facilities that would help residents with that active

02:22:18.520 --> 02:22:26.200
 and passive recreation, as well as exceeding that 8% dedicated land area for that.

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

02:22:30.520 --> 02:22:33.160
 this development.

02:22:33.160 --> 02:22:37.120
 They did indicate that while there is increased capacity that they would be able to accommodate

02:22:37.120 --> 02:22:41.800
 it and they don't see any concerns with the development.

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

02:22:47.280 --> 02:22:49.080
 as of today.

02:22:49.080 --> 02:22:50.840
 There were no neighborhood meetings held.

02:22:50.840 --> 02:22:55.840
 However, the applicant did reach out individually to some of these property owners.

02:22:55.840 --> 02:23:03.840
 I forgot to mention during work session that they have applied for a housing tax credit

02:23:03.840 --> 02:23:06.800
 with the city to provide affordable housing.

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

02:23:11.320 --> 02:23:16.240
 city, but that is a separate but applicable issue that has come up with this project.

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

02:23:20.080 --> 02:23:23.720
 sure that I pointed that out.

02:23:23.720 --> 02:23:28.620
 With that, staff is just proposing approval with some conditions.

02:23:28.620 --> 02:23:34.280
 These are mostly administrative, so the attached site plan and landscape plan would be the

02:23:34.280 --> 02:23:42.040
 approving exhibits if it were to be approved with the allowance that there would be some

02:23:42.040 --> 02:23:49.320
 administrative allowances to edit maybe some species or one or two trees here and there

02:23:49.320 --> 02:23:53.720
 as it develops during the development review process.

02:23:53.720 --> 02:23:54.720
 I won't go into it.

02:23:54.720 --> 02:23:58.840
 It's pretty standard language for most of our items.

02:23:58.840 --> 02:24:03.320
 Then second would be the incorporation of those specific design elements in this site,

02:24:03.320 --> 02:24:10.560
 which would include the unit number, the amenities provided, open space, the total parking.

02:24:10.560 --> 02:24:17.920
 I see the error here, but that should be 519, and then design elements.

02:24:17.920 --> 02:24:20.800
 With that, I can take any questions.

02:24:20.800 --> 02:24:26.280
 The applicant is on the line, but I believe does not have a presentation.

02:24:26.280 --> 02:24:27.960
 Thank you, Karina.

02:24:27.960 --> 02:24:30.480
 It looks like we do have a question.

02:24:30.480 --> 02:24:31.480
 Commissioner Beck.

02:24:31.480 --> 02:24:33.640
 Thank you, Chair.

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

02:24:40.840 --> 02:24:43.640
 everything except for building five.

02:24:43.640 --> 02:24:51.880
 I actually really love everything about the R7 densities, the deceleration lane, the multifamily,

02:24:51.880 --> 02:24:52.880
 the affordable housing.

02:24:52.880 --> 02:24:54.320
 I mean, this is over and over and over.

02:24:54.320 --> 02:24:57.360
 There's so many elements of this that are really great.

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

02:25:03.800 --> 02:25:10.520
 that you also do know a lot of the parks and trail development criteria.

02:25:10.520 --> 02:25:16.800
 I know that in the long-term mobility plan that includes the trails that run through

02:25:16.800 --> 02:25:23.320
 what will eventually become Pebble Brook and then potentially there along the creek, extending

02:25:23.320 --> 02:25:30.080
 into this city public facility property that abuts.

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

02:25:37.760 --> 02:25:41.480
 pain that are allowed for trails?

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

02:25:46.480 --> 02:25:49.880
 a lot of space in there if we wanted to extend a trail.

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

02:25:55.360 --> 02:25:57.000
 amount of easement you need?

02:25:57.000 --> 02:25:58.000
 Yeah, sure.

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,

02:26:02.560 --> 02:26:09.360
 but we have had a couple of conversations for a different development that kind of,

02:26:09.360 --> 02:26:15.160
 the answers kind of carry over to this one as well.

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

02:26:20.800 --> 02:26:22.760
 is for a mowed area.

02:26:22.760 --> 02:26:24.400
 I don't believe it's very large.

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

02:26:30.760 --> 02:26:35.520
 more than 15 feet and that would be similar to those multi-use paths.

02:26:35.520 --> 02:26:40.120
 Again, I would need to confirm that with Gary and his team.

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

02:26:45.680 --> 02:26:51.600
 need some sort of trailhead as well as a mowed access within there.

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

02:26:57.240 --> 02:27:02.280
 information, but easements, it's city property, so we typically don't see easements over a

02:27:02.280 --> 02:27:05.880
 city-owned property.

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

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

02:27:16.160 --> 02:27:17.160
 Creek.

02:27:17.160 --> 02:27:20.280
 So, easements I don't believe are needed.

02:27:20.280 --> 02:27:22.560
 The width, I'll have to confirm that.

02:27:22.560 --> 02:27:27.360
 I don't believe it's too much.

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

02:27:32.000 --> 02:27:39.200
 the property line and the creek, which again is two acres south of the actual buildings.

02:27:39.200 --> 02:27:44.520
 So, I know there's a significant buffer, I don't know the exact distance.

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.

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,

02:27:57.960 --> 02:28:07.480
 but do you happen to know for an improved trail what the size requirements are?

02:28:07.480 --> 02:28:10.080
 Because you were describing an unimproved trail.

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

02:28:16.280 --> 02:28:17.280
 in on that.

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.

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

02:28:36.160 --> 02:28:38.480
 beginning, I love every element about this.

02:28:38.480 --> 02:28:43.160
 I really think this is a good development in a good location, and the engineers, Kimley

02:28:43.160 --> 02:28:48.480
 Horne, are doing everything right except for that parking lot in building five.

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,

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

02:29:02.760 --> 02:29:11.520
 adjust slightly as you describe in your recommendations, what are the limits of that slight adjustment?

02:29:11.520 --> 02:29:15.080
 Can the building footprint be moved any at all?

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

02:29:20.920 --> 02:29:23.160
 footprint isn't changed.

02:29:23.160 --> 02:29:25.440
 So the building coverage area is unchanged.

02:29:25.440 --> 02:29:29.080
 So they can make some slight adjustments as long as it's not significant.

02:29:29.080 --> 02:29:34.480
 And then related to parking, again, it's not a significant change, anything less than 5%.

02:29:34.480 --> 02:29:39.760
 And I believe that that's listed in the conditions.

02:29:39.760 --> 02:29:44.360
 Okay, thank you.

02:29:44.360 --> 02:29:54.280
 Any other questions for Karina, and just to confirm there's no public comment, correct?

02:29:54.280 --> 02:29:55.280
 No.

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

02:30:02.040 --> 02:30:03.200
 then discussion.

02:30:03.200 --> 02:30:04.200
 Commissioner Smith.

02:30:04.200 --> 02:30:06.160
 Make a motion to approve.

02:30:06.160 --> 02:30:09.080
 We have a first for approval.

02:30:09.080 --> 02:30:11.000
 Commissioner Cole?

02:30:11.000 --> 02:30:12.000
 Second.

02:30:12.000 --> 02:30:16.580
 We have a first and a second for approval.

02:30:16.580 --> 02:30:20.760
 Just to clarify, Commissioner Smith, are you including the staff's conditions under your

02:30:20.760 --> 02:30:21.760
 recommendation?

02:30:21.760 --> 02:30:22.760
 I am.

02:30:22.760 --> 02:30:26.160
 Okay, and Commissioner Cole, you're okay with that?

02:30:26.160 --> 02:30:27.160
 Yes.

02:30:27.160 --> 02:30:28.160
 Okay.

02:30:28.160 --> 02:30:30.400
 And then discussion, we can start with Commissioner Ellis.

02:30:30.400 --> 02:30:33.040
 Thank you, Chair.

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

02:30:39.120 --> 02:30:40.120
 recommendations needs to be adjusted?

02:30:40.120 --> 02:30:47.800
 We can certainly make a note, it needs to be 519, not 523, correct?

02:30:47.800 --> 02:30:48.800
 Yes.

02:30:48.800 --> 02:30:49.800
 Okay.

02:30:49.800 --> 02:30:52.120
 And the bicycle was the same or did that change as well?

02:30:52.120 --> 02:30:53.120
 No, that is the same.

02:30:53.120 --> 02:30:54.120
 Okay.

02:30:54.120 --> 02:30:55.120
 Thank you.

02:30:55.120 --> 02:30:56.760
 Thanks for that clarification.

02:30:56.760 --> 02:30:59.520
 Any discussion on this item?

02:30:59.520 --> 02:31:02.200
 Commissioner Bec?

02:31:02.200 --> 02:31:05.320
 You just, yeah.

02:31:05.320 --> 02:31:08.320
 Yeah, I muted myself.

02:31:08.320 --> 02:31:10.640
 Sorry about that.

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,

02:31:17.160 --> 02:31:18.160
 but...

02:31:18.160 --> 02:31:22.680
 You can certainly ask your question, there's not having any public comment.

02:31:22.680 --> 02:31:23.680
 Okay.

02:31:23.680 --> 02:31:28.920
 So, are the engineers on the line or the property owner representatives on the line?

02:31:28.920 --> 02:31:35.160
 Yes, we do have the development team, so the developer and his consultants are available

02:31:35.160 --> 02:31:38.640
 for questions.

02:31:38.640 --> 02:31:39.640
 Yes sir.

02:31:39.640 --> 02:31:40.640
 This is Jack Treger.

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

02:31:45.120 --> 02:31:47.480
 Horn, and they are the engineers on the project.

02:31:47.480 --> 02:31:49.040
 And we also have the architects as well.

02:31:49.040 --> 02:31:55.680
 Mark Guest represents Hodges Associates, and we have our landscape architect Amanda Lim

02:31:55.680 --> 02:31:56.680
 on the line.

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,

02:32:03.960 --> 02:32:14.160
 given the flexibility that the staff described, would you be willing to work to the length

02:32:14.160 --> 02:32:21.640
 of that flexibility to move your footprint eastward and, well, really just predominantly

02:32:21.640 --> 02:32:28.840
 eastward as much as that flexibility would allow, or is that something you couldn't entertain?

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

02:32:35.040 --> 02:32:37.080
 move those buildings.

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

02:32:44.680 --> 02:32:48.160
 I think the architect's probably a better person to talk about this.

02:32:48.160 --> 02:32:50.840
 Mark, do you want to address it?

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

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

02:33:03.840 --> 02:33:08.240
 space with the resort style pool across the parking area.

02:33:08.240 --> 02:33:15.360
 In fact, we have also additionally created an enhanced and widened pathway between the

02:33:15.360 --> 02:33:18.200
 two across that parking area.

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

02:33:24.240 --> 02:33:26.960
 space that contains the dog park.

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

02:33:33.160 --> 02:33:42.200
 also part of what Marina very effectively described was how we are staying way above

02:33:42.200 --> 02:33:45.400
 the tree preservation numbers.

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

02:33:52.800 --> 02:34:04.920
 allows us for maximum area and openings in the building for not only windows, but balconies.

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

02:34:11.840 --> 02:34:20.560
 the floodplain line with the building, and that one of the issues that Mr. Beck brought

02:34:20.560 --> 02:34:26.860
 up were the accessory structures that line that drive in the parking area.

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

02:34:35.600 --> 02:34:37.580
 units or any of that nature.

02:34:37.580 --> 02:34:42.520
 So it is just basically covered parking for the cars.

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

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.

02:35:00.840 --> 02:35:03.300
 Okay.

02:35:03.300 --> 02:35:05.300
 Thank you, Mr. Trager.

02:35:05.300 --> 02:35:08.200
 One more quick question for staff, if I may, Chair?

02:35:08.200 --> 02:35:19.080
 The floor is still yours.

02:35:19.080 --> 02:35:25.880
 Thank you.

02:35:25.880 --> 02:35:32.960
 They've actually requested a parking reduction, so the actual parking required, I believe,

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.

02:35:41.680 --> 02:35:48.520
 So they've requested a 10% reduction and then are meeting that.

02:35:48.520 --> 02:35:51.160
 So they've reduced the minimum parking.

02:35:51.160 --> 02:35:56.000
 Okay, thank you.

02:35:56.000 --> 02:35:57.000
 That's all I have.

02:35:57.000 --> 02:35:58.000
 Thank you, Chair.

02:35:58.000 --> 02:35:59.000
 Any other discussion?

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

02:36:04.520 --> 02:36:05.520
 space correction.

02:36:05.520 --> 02:36:06.520
 Any other discussion?

02:36:06.520 --> 02:36:07.520
 Commissioner Ellis.

02:36:07.520 --> 02:36:08.520
 Thank you, Chair.

02:36:08.520 --> 02:36:09.520
 Back to that.

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,

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

02:36:25.600 --> 02:36:35.040
 out because we've got 32 on there.

02:36:35.040 --> 02:36:41.160
 So the number should be 519 vehicular parking spaces and 20 bicycle spaces.

02:36:41.160 --> 02:36:42.160
 I apologize.

02:36:42.160 --> 02:36:43.160
 Okay.

02:36:43.160 --> 02:36:44.160
 Thank you.

02:36:44.160 --> 02:36:47.060
 Thanks for catching that, Commissioner Ellis.

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

02:36:51.680 --> 02:36:52.680
 Ellis.

02:36:52.680 --> 02:36:53.680
 Aye.

02:36:53.680 --> 02:36:58.760
 Commissioner Beck.

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

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.

02:37:07.760 --> 02:37:09.680
 This is going to be a flood issue.

02:37:09.680 --> 02:37:13.580
 It's going to have downstream issues, but it is an otherwise really good development,

02:37:13.580 --> 02:37:18.760
 so I'm going to -- I'm very torn, but I'll -- yes.

02:37:18.760 --> 02:37:19.760
 Aye.

02:37:19.760 --> 02:37:20.760
 Commissioner Anderson.

02:37:20.760 --> 02:37:21.760
 Aye.

02:37:21.760 --> 02:37:23.880
 Commissioner Pernetta.

02:37:23.880 --> 02:37:24.880
 Aye.

02:37:24.880 --> 02:37:25.880
 Commissioner Cole.

02:37:25.880 --> 02:37:26.880
 Aye.

02:37:26.880 --> 02:37:27.880
 Commissioner Smith.

02:37:27.880 --> 02:37:28.880
 Aye.

02:37:28.880 --> 02:37:33.320
 Chair is also an aye.

02:37:33.320 --> 02:37:34.320
 Motion carries 7-0.

02:37:34.320 --> 02:37:35.320
 Congratulations.

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

02:37:42.160 --> 02:37:43.160
 project matrix.

02:37:43.160 --> 02:37:48.800
 I'll turn it over to Richard for any updates and then to Dias for discussion.

02:37:48.800 --> 02:37:52.480
 Absolutely no updates on the matrix, other than we will have that work session at the

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

02:37:58.760 --> 02:38:05.360
 and nonconformity, so that will be an action-packed meeting in two weeks.

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

02:38:11.960 --> 02:38:13.640
 that they took last night.

02:38:13.640 --> 02:38:20.440
 One, they did approve the razor ranch overlay, the standards related to that last amendment

02:38:20.440 --> 02:38:22.320
 that we had some time ago.

02:38:22.320 --> 02:38:23.880
 There was a delay in going to council.

02:38:23.880 --> 02:38:28.400
 We wanted to make sure that there was a separate park agreement while not necessarily associated

02:38:28.400 --> 02:38:29.520
 with it.

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

02:38:34.120 --> 02:38:36.920
 why there was such a long period in between.

02:38:36.920 --> 02:38:45.680
 The only other item relative to the commission is the DCRC ordinance was adopted as well

02:38:45.680 --> 02:38:47.560
 as the appointments.

02:38:47.560 --> 02:38:54.440
 If you recall, we had discussed that here, the appointments for P&Z, being the chair,

02:38:54.440 --> 02:38:58.640
 vice-chair, and Commissioner Smith.

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

02:39:08.040 --> 02:39:10.440
 start after that.

02:39:10.440 --> 02:39:15.720
 Other than that, those were the only items that council took action on.

02:39:15.720 --> 02:39:17.080
 Great.

02:39:17.080 --> 02:39:22.400
 Any items to add to the matrix or discussion?

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

02:39:27.940 --> 02:39:31.560
 shot clock bill fought against at the state level?

02:39:31.560 --> 02:39:34.260
 Is there anything going on with that?

02:39:34.260 --> 02:39:36.880
 I have not heard anything.

02:39:36.880 --> 02:39:43.840
 There were some grumblings that I heard some of the builders' groups were looking at making

02:39:43.840 --> 02:39:48.000
 some recommended changes, but I have yet to see that.

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

02:39:54.220 --> 02:39:58.240
 had nothing to do with the shot clock.

02:39:58.240 --> 02:39:59.240
 Great.

02:39:59.240 --> 02:40:00.240
 Christopher?

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

02:40:06.200 --> 02:40:09.000
 four months, three months?

02:40:09.000 --> 02:40:16.920
 Would it be in any way advantageous to have staff present something to council that they

02:40:16.920 --> 02:40:23.600
 could possibly pitch to someone at state level to do something about that?

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

02:40:28.440 --> 02:40:31.080
 that was brought forward.

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.

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

02:40:42.960 --> 02:40:43.960
 was.

02:40:43.960 --> 02:40:46.480
 And if not, that's certainly something we could bring up.

02:40:46.480 --> 02:40:47.480
 Excellent.

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

02:40:52.160 --> 02:40:54.920
 into problems with that as it's written right now.

02:40:54.920 --> 02:40:55.920
 So cool.

02:40:55.920 --> 02:40:56.920
 Thank you.

02:40:56.920 --> 02:40:57.920
 Yeah.

02:40:57.920 --> 02:40:58.920
 Across the state.

02:40:58.920 --> 02:40:59.920
 Great.

02:40:59.920 --> 02:41:03.320
 Any other items for the matrix?

02:41:03.320 --> 02:41:04.320
 All right.

02:41:04.320 --> 02:41:08.600
 Oh, Christopher Beck?

02:41:08.600 --> 02:41:14.780
 Not for the matrix, but I wanted to congratulate Commissioner Ellis for maintaining our gender

02:41:14.780 --> 02:41:16.720
 diversity on this commission.

02:41:16.720 --> 02:41:22.540
 So getting re-appointed to the commission and that's excellent, congratulations Commissioner

02:41:22.540 --> 02:41:24.360
 Ellis.

02:41:24.360 --> 02:41:28.920
 Thank you very much, Commissioner Beck, I appreciate it.

02:41:28.920 --> 02:41:29.920
 All right.

02:41:29.920 --> 02:41:33.060
 With that, I'll go ahead and close the meeting at 8.14.

02:41:33.060 --> 02:41:34.760
 Thank you everyone for a great meeting.

02:41:34.760 --> 02:41:35.760
 We'll see you next time.

02:41:35.760 --> 02:41:36.760
 Thanks.

02:41:36.760 --> 02:41:37.000
 Bye, y'all.