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 >> Good evening ladies and gentlemen and welcome to the plan zoning commission work session

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 for August 4th, 2021.

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 Seeing that we have a quorum, I'll start the meeting at 4.05.

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 Let the record show that currently Commissioner Smith and Commissioner Anderson are not present.

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 The first item for the work session will be the work session report, receive a report

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 and hold the discussion and give direction regarding the comp plan and other plan updates

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 and code.

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 Before you get started, for those new commissioners that haven't used the screen, the screen is

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 working this evening.

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 There's a switch to your left to switch to the presentation and then instead of raising

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 your hand there's a button that says request to speak.

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 Your name will show up in the order in which you request and if you do not want to speak

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 you hit that button again and it will remove you from the queue to speak but I'll use that

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 to call on the commissioners for any questions you might have.

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 >> Thank you, Chair, members of the commission, Ron Magidow, principal planner with development

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 services.

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 Go ahead and share my screen here and hopefully you all can see this.

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 I don't see it on the monitor or above so I'm hoping that it's available to the public.

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 I want to thank the opportunity to present today, wanted to provide the planning zoning

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 commission an update where we are in regards to the comprehensive plan update.

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 We did the same presentation for city council just yesterday, got some input from them and

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 looking for input from you all as well.

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 Really the objective for this afternoon is to just kind of share with you where we are

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 in the process, where we are in the schedule.

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 There we go.

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 Public engagement so far and what we plan on doing coming up in the next coming months.

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 We are also going to share some of the highlights on the inputs that we receive from the community.

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 Very high level, just sort of understanding what we've heard so far.

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 Discuss other plan updates.

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 We've got a lot going on in the city, we want to make sure that we share that with you all

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 and also make sure that you understand that it's a comprehensive effort between all plans

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 that's being worked on as we speak.

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 There was a request by the city council to talk about and provide information on form

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 based codes.

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 So we felt that it was important to share that with the commission as well as that might

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 be an option for certain projects in the future but for now we're just providing you a general

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 description, understanding what a form based code is so that you have that available.

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 With that I'm going to turn it over to our consultant who is calling in.

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 Hopefully he is available and can take over the presentation.

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 I'll stand here and advance the slide if need be.

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 Do we know if Ed Boyk is on the call?

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 Hello, yeah, Ed Boyk is here with Matrix Design Group.

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 Awesome, thanks Ed.

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 You can go ahead and get started.

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 Oh, okay.

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 So I assume you've been through the first couple slides, I apologize, I didn't hear

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 anything with being in the waiting room.

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 Yes, we're on slide three.

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 Okay, thank you for that, I appreciate that.

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 Again, members of the commission, my name is Ed Boyk, I'm with Matrix Design Group and

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 as Ron had just previously indicated, this is an effort to provide an update of where

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 we are so far in the comprehensive plan update process.

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 So on slide three, I wanted to talk briefly, we've been through phase one, which is the

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 initiation of project, we've been through phase two, which was a lot of the data gathering

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 and we're deep into phase three currently, which is the area where we've done most of

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 our public outreach, we did some special topic threats on a couple IDA, particular topics

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 that were of interest to the city of Benton and we have yet one more public engagement

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 plan for mid September, September 16th actually and that'll be an in-person open house and

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 a virtual open house that will be run concurrently.

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 A virtual open house is really neat, it'll be an ongoing 24 hours a day available replication

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 of what's available in the in-person open house and that'll be held in like a 3D environment

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 on the project website, it's pretty nifty and should help increase participation at

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 that critical point of the public engagement process.

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 Then moving on to early fall, we'll be moving into our phase four, which is production of

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 some of the draft concepts and strategies, implementation for the comprehensive plan

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 and then by late fall, we'll be providing updates with a draft of the plan and then

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 either in the late fall or early winter timeframe adoption of the final comprehensive plan update

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 for the city of Benton, next slide.

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 So what we've heard so far, next slide again, and through our public engagement process,

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 we've had two public meetings that have had nearly 200 community members attend, all of

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 these meetings were virtual, really good turnout for a virtual public meeting process and between

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 those meetings, it generated close to 1500 unique comments through those public engagements.

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 Additionally, we had a project website up for the comprehensive plan update and on that

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 we've had over 100 responses on an interactive Issues and Opportunities Map, we call the

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 ID Places Map, it's somewhere where people can geo-locate exactly their comments.

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 Along with that, we've had online questionnaires, which have generated quite a bit of responses,

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 nearly 200 responses there and we're still doing soliciting ongoing information for the

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 vision statement since the vision statement is really a critical component of the comprehensive

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 plan process to make sure that all the comments we receive and the strategies that are proposed

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 from this are aligned properly with the vision for the city of Benton.

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 And just as a reminder again, September 16th is what we're planning on for the in-person

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 open house and the virtual open house, next slide.

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 So going through the data a little bit more specifically, what we've done is we've tried

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 to capture the essence of the comments so far that we've heard from the public through

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 all this engagement and we've organized them into a couple different topic areas which

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 are similar to or identical to what the charrette had indicated.

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 The big takeaways is that the community has told everyone that it's important that the

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 development be the right type of development at the right place and at the right time.

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 And that scheme leads through all the other comments we've received and really wants to

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 make sure that the development that Benton did supports that vision, have the quality

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 and resiliency for the community to be one, something that's added value through the long

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 term.

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 Part of that was also preservation of those open and rural areas, taking advantage of

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 the heritage that's associated with those rural areas around the periphery of Benton

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 and the ETJ.

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 And then also to provide more diverse housing options so that the housing is supporting

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 not only workforces but also executives and other entry-level housing, quality multifamily

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 development and townhomes for all families and household types.

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 All this leads into the investment of infrastructure which the community has indicated there is

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 a preference that be reinvested into infill supporting activities.

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 So trying to find ways to take and implement infrastructure in areas of support where economic

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 development can occur, jobs as well as to provide the infrastructure in areas that continue

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 to enhance them without having development fall into far-flung areas or areas that are

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 disconnected from the majority of the community in the ETJ.

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 With that, with any infrastructure program, especially through streets, you can beautify.

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 And so there's an intent for the community to, if you're going to make the investment

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 into infrastructure, that it be beautiful, be something that enhances and creates and

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 strengthens the identity of Benton.

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 That can be accomplished through complete streets which can be done in a number of different

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 ways.

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 But the overall intent of a complete street is that it's one that serves multiple purposes,

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 multiple modes of transportation and not just one singular solution that is vehicle traffic.

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 And next slide, please.

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 On this next slide, you can see, excuse me, an example of a complete street that shows

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 wide sidewalks, lots of shade, landscaping, neck downs or pinch points at the intersection

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 to a shortened pedestrian crossing, well-defined bike lanes and so on, narrower street lanes

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 and parking.

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 This does not indicate what all complete streets should be, but it just illustrates a lot of

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 the elements that go into that, so when an infrastructure investment, particularly for

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 street infrastructure, moves forward, a lot of these different elements can be put in

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 there.

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 And that can include transit-related infrastructure enhancements as well to make a street complete

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 and functional for the context in which it's located.

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 Next slide, please.

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 So what we've heard for economic development, and much of this was comments that were solicited

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 to recognize the efforts that have been put into place with the recently adopted economic

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 development strategic plan, we were looking, the community told us that they believe in

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 that plan, they find a lot of the conclusions in it important and something that should

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 be replicated or at least confirmed in the comprehensive plan update as well.

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 That goes along with increasing our job opportunities, the collaboration with the anchor institutions,

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 that being the universities, the health economy, to make sure that there's a development that

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 supports that, the establishment of programs that are partnered with those anchor institutions

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 such as incubators or research parks, or aligning economic development activities to recruit

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 and establish and support businesses which align with, say, university training programs.

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 There's also comments from the public about a want to support small and local businesses,

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 and that could be enhanced through assistance programs, process improvements for the development

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 process, as well as supporting that well-designed infrastructure that would enhance the support

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 for those small businesses.

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 And these are all comments we've received from the community through the engagement process.

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 Continuing to downtown, it was to expand those downtown opportunities, recognizing that the

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 downtown is that cultural and community heart for the city of Denton, it's the heart for

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 entertainment, events, and arts, it's got a very unique flavor with the local businesses,

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 and all that should be retained and enhanced upon, and some of the ways you can enhance

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 upon that, is by doing, again, to refer back to the previous slide, the right development

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 at the right place at the right time is to introduce new development and redevelopment

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 carefully to support the context and character of the downtown square, but also to not impact

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 negatively that.

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 So that means that if taller buildings are needed, say, to support a transit opportunity

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 around the A train station, making sure that whatever approach is taken is cognizant of

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 that and recognizes that there needs to be some compatibility and transition measures

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 put into place to support the core, as well as the expanded area of the downtown community.

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 Next slide.

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 Some of the comments have created a need to introduce some new concepts for land use designation.

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 The city and the community strongly supports its agricultural heritage, the rural heritage,

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 the ranching, and by introducing a new land use, a new land use category onto the future

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 land use map, it can help to reaffirm those policies which support the preservation of

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 those areas as rural active areas, agritourism, open spaces, and those uses that are compatible

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 with the support of agricultural culture in the rural and the ETGA areas of the community.

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 Also referring back to that right development, there is a potential for a new concept, land

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 use category called master plan community.

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 Now that can mean a lot of different things to a lot of different people.

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 There's often home builders that will say a master plan community means that our subdivision

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 is a master plan community because we have homes and parks in it, but really if this

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 is approached as a future land use designation on the conflict of plan future land use map,

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 the intent is for it to be defined as being complete, multi-use development, meaning developments

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 where they are complete neighborhood packages that have a sense of place, a sense of belonging,

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 respectful of the context of where they're located, and really someplace where people

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 can live, work, learn, and play all in one place, something that becomes an asset and

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 connected with the existing portions of Denton and not just an island onto their own.

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 On this slide, I have a picture of the Verado master plan community, which is a renowned

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 award winning master plan community in the Phoenix metro area.

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 I introduced this not to say that this is the exact solution for Denton, but what it

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 does is it captures those concepts of being complete.

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 It has a downtown area that supports local businesses.

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 It's very, very walkable.

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 It's got parks and trails and revolving between the different portions of the master plan

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 community, and it supports housing for multi-family through executive housing.

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 So it addresses the entire palette of housing opportunities, living arrangements, and takes

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 advantage of the context it's located in so that it's integrated with nature, integrated

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 parks, but it also has an employment opportunity, commercial opportunities as well.

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 So it's really a place that checks all the boxes for the community, and it's well integrated

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 as well as a complete neighborhood with that community it's located in.

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 Next slide, please.

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 Additional concepts of refining the land uses is to find ways to preserve the integrity

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 of the future land use map, but also allowing for measured or appropriate flexibility where

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 the policy is supported.

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 Some of the concepts could be introducing neighborhood scale commercial or office opportunities

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 at appropriate intersections within those residential designated areas on the land use

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 map.

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 It could be, say, arterial and arterial intersections, collector and arterial intersections, and

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 the important factor here is that if it is a perfect approach as a solution, there needs

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 to be strong policies that dictate how that should be applied, where it should be applied,

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 and what the envisioned results of that would be.

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 The advantage here is that it allows for staff to exercise professional discretion as well

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 as the commission and the community to determine what zoning changes are appropriate, provided

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 they comply with those policies without having to go back and change those future land use

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 maps.

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 Parks and open space, the community, again, is strongly supporting that.

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 So there would be potential changes to the future land use map to expand where parks

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 and open space is illustrated to protect or ensure the open space is planned to be protected

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 in the future around lakes, streams, watercourses, wildlife connection, and recreation connections

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 throughout the community.

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 Lastly, there has always been a lot of conversation, and then the public comments reaffirmed this

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 about what it meant to have business innovation, and the business innovation land use, I think

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 rightly so, is a very broad land use category.

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 It defines a lot of different possibilities, but it's always looking to push the envelope

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 or to be bleeding edge in terms of how that's executed, and that can be executed in a lot

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 of different ways, whether it's through research parks and incubators and small business areas,

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 office parks, retail could be an incorporated component, but it also could include, in the

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 right context, warehousing or light industrial or other forward-looking industries that are

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 being innovative in their area.

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 In order to determine what the flavor of those different business innovation areas should

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 be, it really is important that small area plans be part of that so that you can drill

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 down, look at the context, look at the assets, look at the infrastructure opportunities in

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 those areas to develop precise plans that see the business innovation vision move forward

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 for the areas located.

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 So it's really about capitalizing those assets, understanding what they are, and then tailoring

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 standards through that planning effort that support those solutions.

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 Next slide, please.

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 And because it could be a lot of different things, the business innovation could be solutions

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 like this, where you have office parks or campuses that support multiple functions,

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 but always looking towards innovative practices for the community.

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 And so we have a couple local examples illustrated here for what some of the innovation areas

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 could look like.

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00:18:42,280 --> 00:18:45,360
 Next slide, please.

226
00:18:45,360 --> 00:18:48,920
 And I'll turn it over to Ron at this point to speak to the other plan updates.

227
00:18:48,920 --> 00:18:49,920
 Great.

228
00:18:49,920 --> 00:18:50,920
 Thanks, Ed.

229
00:18:50,920 --> 00:18:55,560
 So wanted to, like I said earlier in my introduction, wanted to share some of the other plans that

230
00:18:55,560 --> 00:18:56,560
 we're working on.

231
00:18:56,560 --> 00:19:01,400
 We, the city, obviously the comprehensive plan is a big effort, but we're also working

232
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 on a mobility plan, and I think you all may have heard some of that in past applications

233
00:19:06,440 --> 00:19:08,800
 or past presentations.

234
00:19:08,800 --> 00:19:13,320
 We started that process about a year and a half ago, maybe two years ago.

235
00:19:13,320 --> 00:19:17,320
 We are scheduled to have that in line with the comprehensive plan update.

236
00:19:17,320 --> 00:19:22,080
 So we want to make sure that what efforts that we're proposing and what we're recommending,

237
00:19:22,080 --> 00:19:27,600
 as well as the mobility plan, we're consistent with each other, and we want to make sure

238
00:19:27,600 --> 00:19:33,920
 we overlay our layers so that when we show our future land use designation, it also reflects

239
00:19:33,920 --> 00:19:37,400
 the mobility plan as well, and vice versa.

240
00:19:37,400 --> 00:19:39,400
 So it works both ways.

241
00:19:39,400 --> 00:19:43,800
 With that, similarly, the parks recreation and trails master plan is also being worked

242
00:19:43,800 --> 00:19:51,000
 on by our parks department, and that is scheduled for December 21 as well, again, in line with

243
00:19:51,000 --> 00:19:53,160
 what our schedule is for the comprehensive plan.

244
00:19:53,160 --> 00:19:59,580
 So we're working with these departments to make sure that we're all working together.

245
00:19:59,580 --> 00:20:03,720
 Other works that are being done or plans that are being done, our solid waste department

246
00:20:03,720 --> 00:20:07,760
 is working on a comprehensive solid waste management strategy.

247
00:20:07,760 --> 00:20:09,800
 That is, again, scheduled for December 21.

248
00:20:09,800 --> 00:20:14,240
 So a lot is coming to an end or to a finish that is later this year.

249
00:20:14,240 --> 00:20:18,040
 And again, we want to make sure whatever we're proposing, we're all talking together, which

250
00:20:18,040 --> 00:20:19,040
 we are.

251
00:20:19,040 --> 00:20:24,440
 So we have a technical committee that we meet once a month, and obviously with the conference

252
00:20:24,440 --> 00:20:29,840
 plan, we're going to continue to meet more and more to make sure we have the recommendations

253
00:20:29,840 --> 00:20:30,840
 correct.

254
00:20:30,840 --> 00:20:34,480
 I wanted to add the drainage storm master plan.

255
00:20:34,480 --> 00:20:40,480
 This is a little bit more behind in our schedule, but it's an important plan.

256
00:20:40,480 --> 00:20:44,040
 We don't have a drainage master plan, if you believe that, if you can believe that.

257
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 So we're putting that together.

258
00:20:46,080 --> 00:20:53,320
 There is a work session scheduled with council next month, actually October, sorry, October.

259
00:20:53,320 --> 00:20:59,060
 And hopefully with that kickoff or with some direction from council, this effort can start

260
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 later this year and it's looking to be completed mid to late next year, 2022.

261
00:21:05,560 --> 00:21:10,720
 So that is, again, another plan that we want to make sure we include in our discussions

262
00:21:10,720 --> 00:21:11,720
 as we move forward.

263
00:21:11,720 --> 00:21:16,360
 Anyways, that was just to share with you what we're doing with some of the other plans.

264
00:21:16,360 --> 00:21:21,560
 I think this is an opportunity right now before we get to form base codes to kind of stop

265
00:21:21,560 --> 00:21:27,000
 and ask questions or you guys can ask questions related to the comprehensive plan update or

266
00:21:27,000 --> 00:21:31,320
 anything related to what was presented a few minutes ago.

267
00:21:31,320 --> 00:21:32,320
 Great.

268
00:21:32,320 --> 00:21:33,320
 Thanks, Ron.

269
00:21:33,320 --> 00:21:39,000
 Anyone have any questions for on a first person or I assume for Ed, if you saw him right?

270
00:21:39,000 --> 00:21:40,000
 Yes.

271
00:21:40,000 --> 00:21:41,000
 With matrix.

272
00:21:41,000 --> 00:21:42,000
 I don't see any questions.

273
00:21:42,000 --> 00:21:43,000
 Okay.

274
00:21:43,000 --> 00:21:44,000
 Great.

275
00:21:44,000 --> 00:21:48,440
 I'm going to turn it back to Ed and he's going to briefly talk about form base code.

276
00:21:48,440 --> 00:21:53,800
 And again, as an introduction, this was something that the council wanted to hear more about

277
00:21:53,800 --> 00:21:59,440
 and we felt that it was important to share this presentation as well to the planning

278
00:21:59,440 --> 00:22:00,440
 zoning commission.

279
00:22:00,440 --> 00:22:05,680
 So, Ed, if you can go ahead and start with the next slide.

280
00:22:05,680 --> 00:22:06,680
 All right.

281
00:22:06,680 --> 00:22:09,360
 Well, thank you, Ron.

282
00:22:09,360 --> 00:22:15,280
 So the next slide is showing a couple of things, describing what form base codes are.

283
00:22:15,280 --> 00:22:20,680
 So what I want to do is I want to introduce what form base codes are, just to kind of

284
00:22:20,680 --> 00:22:25,600
 explain that, and then also discuss what they are not in brief and then we'll move on and

285
00:22:25,600 --> 00:22:30,520
 kind of dive a little bit deeper into this through the slides and then finally I'll provide

286
00:22:30,520 --> 00:22:35,760
 a real example of implementation performance codes that I have a personal experience with.

287
00:22:35,760 --> 00:22:39,000
 So what they are, form base codes really are land development regulations.

288
00:22:39,000 --> 00:22:45,280
 They're no different than any other land development regulation, whether it be subdivision or zoning,

289
00:22:45,280 --> 00:22:47,040
 but they do have a different focus.

290
00:22:47,040 --> 00:22:55,360
 They focus on the building form, how the site functions in terms of layout, and to a degree

291
00:22:55,360 --> 00:22:58,120
 the appearance of that structure as well.

292
00:22:58,120 --> 00:23:03,440
 They're much, much less focused on use and it's pure sense a form base code wouldn't

293
00:23:03,440 --> 00:23:08,840
 even refer to use because it would rely upon the design of the building to dictate the

294
00:23:08,840 --> 00:23:12,360
 uses that would go within that structure.

295
00:23:12,360 --> 00:23:17,880
 Form base codes are very useful though because they do support and actually really thrive

296
00:23:17,880 --> 00:23:22,720
 when there is a complementary public realm implementation associated with it.

297
00:23:22,720 --> 00:23:28,820
 That means a public investment into the street and sidewalks that surround those properties

298
00:23:28,820 --> 00:23:35,760
 to affect a result that meets the vision of what the form base code is to be.

299
00:23:35,760 --> 00:23:43,320
 So if the form base code is intending to produce a walkable environment, then the form base

300
00:23:43,320 --> 00:23:50,320
 code really pushes the community to tailor their public investment and the sidewalks

301
00:23:50,320 --> 00:23:53,000
 and the streets to support that.

302
00:23:53,000 --> 00:23:55,760
 What they're not, they're not design guidelines.

303
00:23:55,760 --> 00:24:02,440
 They can have design elements and oftentimes there will be substantial design related standards

304
00:24:02,440 --> 00:24:08,600
 included, but by their basis of what a form base code is, it's not a design guideline,

305
00:24:08,600 --> 00:24:13,280
 it's not about making buildings necessarily look pretty, it's about making the buildings

306
00:24:13,280 --> 00:24:21,000
 be functional and reusable and adaptable without having to conform with a suburban style or

307
00:24:21,000 --> 00:24:24,360
 use based development standard.

308
00:24:24,360 --> 00:24:28,760
 They are not historic preservation codes, although they are very effective when implemented

309
00:24:28,760 --> 00:24:36,600
 properly at being codes that help ensure character integrity, especially when it comes to preserving

310
00:24:36,600 --> 00:24:39,600
 a certain form in an area.

311
00:24:39,600 --> 00:24:43,440
 And they really are not a solution for everything.

312
00:24:43,440 --> 00:24:49,360
 They have their place, they're a tool in the toolbox, but they are not in many cases, just

313
00:24:49,360 --> 00:24:54,040
 like traditional zoning standards are not, something that can be applied everywhere and

314
00:24:54,040 --> 00:25:00,240
 can work great without being careful about how it's done from that point.

315
00:25:00,240 --> 00:25:05,640
 So to that, there are certain advantages and disadvantages to form base code.

316
00:25:05,640 --> 00:25:11,520
 I think one of the strongest advantages to it is that out of the box, it readily implements

317
00:25:11,520 --> 00:25:12,520
 the urban vision.

318
00:25:12,520 --> 00:25:19,360
 So if there's a strongly defined vision for an area, the form base code can really define

319
00:25:19,360 --> 00:25:25,520
 the end result and ensure that the development that goes in the first time is what the vision

320
00:25:25,520 --> 00:25:26,520
 is.

321
00:25:26,520 --> 00:25:34,480
 But that can create some complications as well, because it can be a bit inflexible.

322
00:25:34,480 --> 00:25:40,920
 And that inflexibility, if the community is not educated about the intent or it doesn't

323
00:25:40,920 --> 00:25:47,520
 have complete buy-in to the vision, can create some disadvantages compared to traditional

324
00:25:47,520 --> 00:25:51,440
 standards in terms of instigating development in an area.

325
00:25:51,440 --> 00:25:56,960
 But some of the other advantages are it can really integrate seamlessly into the existing

326
00:25:56,960 --> 00:26:01,760
 development and the standards can reflect the existing character of an area.

327
00:26:01,760 --> 00:26:03,720
 It's perfect for that.

328
00:26:03,720 --> 00:26:09,120
 Those structures that are developed to be adaptable and reusable, because there's less

329
00:26:09,120 --> 00:26:15,480
 of a focus on those site elements that contribute to a building, such as like parking, landscaping,

330
00:26:15,480 --> 00:26:16,480
 and things like that.

331
00:26:16,480 --> 00:26:21,480
 So it's really focused on making sure the building is usable and putting new uses into

332
00:26:21,480 --> 00:26:29,640
 there is oftentimes much easier than it is with a layered use standard.

333
00:26:29,640 --> 00:26:34,440
 It reinforces that street-site relationship, placemaking, as I noted before, seeing the

334
00:26:34,440 --> 00:26:41,040
 vision be put into place, that again creates a predictable end result through the built

335
00:26:41,040 --> 00:26:47,680
 environment and if done in certain ways, it can reduce the regulatory burden and streamline

336
00:26:47,680 --> 00:26:54,840
 process because it makes the standards very clear and doesn't allow for a lot of negotiation

337
00:26:54,840 --> 00:27:01,080
 with how that's achieved, which can also be that disadvantage because of the inflexibility.

338
00:27:01,080 --> 00:27:06,920
 So some of the other ways that it becomes a disadvantage, again, there's the education

339
00:27:06,920 --> 00:27:14,360
 piece, and I want to stress this pretty strongly, is in many experiences, form-based codes unfamiliar

340
00:27:14,360 --> 00:27:20,760
 and it requires a significant level of education to staff in the city to understand how to

341
00:27:20,760 --> 00:27:21,760
 use it properly.

342
00:27:21,760 --> 00:27:25,880
 It requires a lot of education to the development community, so they understand the advantages

343
00:27:25,880 --> 00:27:31,640
 of using that as a solution, as well as the financing community to help them understand

344
00:27:31,640 --> 00:27:37,480
 the value of really changing how development is implemented in the community and that it

345
00:27:37,480 --> 00:27:42,120
 can be profitable and it can be something that increases value tremendously if done

346
00:27:42,120 --> 00:27:43,120
 right.

347
00:27:43,120 --> 00:27:48,360
 One of the other pieces that's a disadvantage is that because form-based code tends not

348
00:27:48,360 --> 00:27:55,960
 to address compatibility in the traditional use-based way, there may be some conflicts,

349
00:27:55,960 --> 00:27:59,920
 there may be some incompatible uses that get introduced, and that may result in some

350
00:27:59,920 --> 00:28:06,240
 traditional regulations being integrated into that to help combat those incompatibilities

351
00:28:06,240 --> 00:28:12,560
 or unforeseen circumstances that create undue impact on the use of property.

352
00:28:12,560 --> 00:28:14,360
 Next slide.

353
00:28:14,360 --> 00:28:22,000
 So, Alex, I'm going to speak from a personal experience as a public sector planner with

354
00:28:22,000 --> 00:28:23,880
 a community in Illinois, Peoria, Illinois.

355
00:28:23,880 --> 00:28:29,240
 It's a Rust Belt City that's largely been constructed, a big portion of it was built

356
00:28:29,240 --> 00:28:35,960
 in Peoria in 1950, so it's got a very strong urban grid form, very walkable area, but it

357
00:28:35,960 --> 00:28:42,840
 had for years been subject to standards that were use-based, and it did have a deteriorating

358
00:28:42,840 --> 00:28:48,880
 effect on many of the areas, so the city endeavored to repair that and then to create standards

359
00:28:48,880 --> 00:28:56,600
 that supported the vision for the community, and that was done through a couple-step process,

360
00:28:56,600 --> 00:29:01,480
 and I think that this is the approach that most communities should look at to making

361
00:29:01,480 --> 00:29:05,880
 sure their foreign-based codes are successful and that they are beneficial to the community

362
00:29:05,880 --> 00:29:08,360
 and achieve the vision that's wanted.

363
00:29:08,360 --> 00:29:15,040
 First is by establishing a very strong, strongly defined area plan, and that means a very well

364
00:29:15,040 --> 00:29:23,880
 thought-out, well-vetted, community-owned plan for a vision for an area, a neighborhood

365
00:29:23,880 --> 00:29:29,680
 or a city, it just depends on the scale of how you want to approach it, that knows what

366
00:29:29,680 --> 00:29:37,000
 the end result needs to be, has clear implementation guidelines, and also has done a good assessment

367
00:29:37,000 --> 00:29:43,920
 of the existing built environment to explain how that vision should be established, and

368
00:29:43,920 --> 00:29:47,880
 what I mean by that is it should know what kind of buildings are in that area, and when

369
00:29:47,880 --> 00:29:54,120
 I say what kind, I mean are the buildings built to the street line on sidewalks, or

370
00:29:54,120 --> 00:30:00,560
 are they set back, are they multiple-story, are they single-story, are the homes garage-forward

371
00:30:00,560 --> 00:30:06,200
 homes with the garage in front, or are they alley-loaded, or is the intent in the future

372
00:30:06,200 --> 00:30:14,520
 to have that form be preserved or changed, so that plan is critical to setting the table

373
00:30:14,520 --> 00:30:17,840
 for how the code is put in place.

374
00:30:17,840 --> 00:30:25,320
 The regulating plan for a form-based code is really the land use, there's a zoning map.

375
00:30:25,320 --> 00:30:31,960
 It tells you where different form-based standards would be implemented, and those standards

376
00:30:31,960 --> 00:30:38,120
 could include how far back you set a building back, or if you're required to build the building

377
00:30:38,120 --> 00:30:45,020
 on the sidewalk edge, it tells you how much of the building should be located along the

378
00:30:45,020 --> 00:30:50,920
 front property line, or whether plazas or recesses should be built into the structure

379
00:30:50,920 --> 00:30:54,120
 to create public spaces off the sidewalk.

380
00:30:54,120 --> 00:30:59,560
 Ultimately, that regulating plan is going to reinforce that relationship between the

381
00:30:59,560 --> 00:31:06,240
 street and the buildings that are constructed on-site, and the example that I have on the

382
00:31:06,240 --> 00:31:11,040
 screen has a large map in the upper right-hand corner.

383
00:31:11,040 --> 00:31:16,240
 The orange is a zoning district, I guess you could call it, it's a form-based standard

384
00:31:16,240 --> 00:31:22,540
 area, where it says that any buildings or parcels that front onto this orange area have

385
00:31:22,540 --> 00:31:27,560
 a certain set of standards they must adhere to in order to construct the building on that

386
00:31:27,560 --> 00:31:35,080
 site, and it might be related to a minimum of two-story, 100% of the building built on

387
00:31:35,080 --> 00:31:41,480
 the sidewalk edge, a percentage of windows or storefront, if storefront is intended to

388
00:31:41,480 --> 00:31:44,640
 be a solution in that area.

389
00:31:44,640 --> 00:31:48,640
 But as you turn the corners and as you head down the five streets into the neighborhood,

390
00:31:48,640 --> 00:31:53,560
 the character change, and that character change was identified, again, through the plan and

391
00:31:53,560 --> 00:31:58,400
 that assessment of the existing built environment, and the recognition that leaves for Peoria's

392
00:31:58,400 --> 00:32:06,760
 implementation was that they wanted to transition from an intense or typical or more of a traditional

393
00:32:06,760 --> 00:32:15,160
 main street approach with two- to six-story buildings, I think, in this area, to lighter

394
00:32:15,160 --> 00:32:20,920
 intensity structures so they weren't as tall, or structures that had a completely different

395
00:32:20,920 --> 00:32:28,840
 street approach so that they were more likely to support multifamily structures.

396
00:32:28,840 --> 00:32:34,620
 So again, the form was dictating how the buildings were likely to be used, but it wasn't establishing

397
00:32:34,620 --> 00:32:37,360
 an actual use for those areas.

398
00:32:37,360 --> 00:32:42,840
 So in this area, you saw there's purple and blue and yellow, and those different standards

399
00:32:42,840 --> 00:32:47,260
 were applicable to the different sides of the parcel.

400
00:32:47,260 --> 00:32:52,320
 The one parcel might have three different standards applicable to it, and it just really

401
00:32:52,320 --> 00:32:58,280
 depends on which colors fronting it and which street character was intended to be developed.

402
00:32:58,280 --> 00:33:04,760
 So the gray areas that are on that map surrounding that are not subject to form-based code, but

403
00:33:04,760 --> 00:33:12,120
 they were subject to a hybrid code, meaning a code that was still at its root a use-based

404
00:33:12,120 --> 00:33:17,760
 standard, but it carried forward some of the standards from form-based code to make sure

405
00:33:17,760 --> 00:33:23,240
 that the new structures that were built in those areas were consistent with the character

406
00:33:23,240 --> 00:33:24,240
 in those areas.

407
00:33:24,240 --> 00:33:27,960
 There was an intention by the community to preserve the integrity of those areas.

408
00:33:27,960 --> 00:33:33,700
 So it might have had standards that were related to where the garage is located on a new single-family

409
00:33:33,700 --> 00:33:35,640
 home that was infilled in that area.

410
00:33:35,640 --> 00:33:40,760
 It would have comments about a maximum number of stories.

411
00:33:40,760 --> 00:33:47,160
 The roof pitch, whether it was a 4 to 12 or 6 to 12 or 8 to 12 pitch, depending on the

412
00:33:47,160 --> 00:33:56,380
 context of the area, and through those standards, that was a little bit easier for the property

413
00:33:56,380 --> 00:34:02,360
 owners in that area to use those standards versus full, rigid compliance with the form-based

414
00:34:02,360 --> 00:34:04,080
 code.

415
00:34:04,080 --> 00:34:08,880
 So again, why it was approached this way was to really reinforce a vision and solution

416
00:34:08,880 --> 00:34:14,120
 in the corridors that truly mattered, the placemaking in those corridors, and then ensure

417
00:34:14,120 --> 00:34:21,440
 that the remaining areas around that was more supported through a lesser touch, but still

418
00:34:21,440 --> 00:34:25,640
 one that was supportive of the form-based solution in the court.

419
00:34:25,640 --> 00:34:31,040
 How you achieve that, through clear standards, consistent use, using diagrams to support

420
00:34:31,040 --> 00:34:36,360
 the code, and then by all of that, you can hopefully produce a simplified and streamlined

421
00:34:36,360 --> 00:34:37,360
 process.

422
00:34:37,360 --> 00:34:41,980
 Some of these form-based areas do delve a little bit more into design because there

423
00:34:41,980 --> 00:34:47,600
 was an interest in the community to have some design concepts be incorporated into the form

424
00:34:47,600 --> 00:34:53,920
 concept, as well as standards on how you deal with transitions, whether landscaping is involved

425
00:34:53,920 --> 00:34:59,840
 in walls to shield certain functional parts of those sites from other areas.

426
00:34:59,840 --> 00:35:05,560
 So there is a blend that typically occurs, but your vision through that planning process

427
00:35:05,560 --> 00:35:11,640
 is key to determining how that code gets implemented and to what degree it gets implemented.

428
00:35:11,640 --> 00:35:16,320
 I don't have anything else to add about form-based codes, so I'd be happy to take any questions,

429
00:35:16,320 --> 00:35:20,460
 and I really thank you for the time to speak to you today about the comprehensive plan

430
00:35:20,460 --> 00:35:23,240
 update, where we're at.

431
00:35:23,240 --> 00:35:29,680
 I invite you to keep attuned for the open house that's coming in September, and I'm

432
00:35:29,680 --> 00:35:32,840
 happy to answer any other questions you might have about either topic that we discussed

433
00:35:32,840 --> 00:35:33,840
 today.

434
00:35:33,840 --> 00:35:37,640
 Great.

435
00:35:37,640 --> 00:35:39,280
 That really concludes our presentation.

436
00:35:39,280 --> 00:35:45,140
 If you have any questions on form-based code or the comprehensive plan update, as Ed mentioned,

437
00:35:45,140 --> 00:35:49,200
 we are gearing up for an open house scheduled for September 16th.

438
00:35:49,200 --> 00:35:53,020
 It will be at the new development services building.

439
00:35:53,020 --> 00:35:58,680
 We hope to have that starting at six, between six and eight, involving a lot of the different

440
00:35:58,680 --> 00:35:59,680
 departments.

441
00:35:59,680 --> 00:36:04,880
 The mobility plan, the parks master plan, all the plans will also be available for input

442
00:36:04,880 --> 00:36:05,880
 at that time.

443
00:36:05,880 --> 00:36:08,960
 Again, we want to make sure that we get input from everybody.

444
00:36:08,960 --> 00:36:13,440
 As we approach that, there'll be more promotions and information out, but wanted to give you

445
00:36:13,440 --> 00:36:18,720
 all some idea of where we are, where we're going to be going, and hopefully what we will

446
00:36:18,720 --> 00:36:23,720
 be bringing to you all for adoption at the end of the year.

447
00:36:23,720 --> 00:36:24,720
 Appreciate the time.

448
00:36:24,720 --> 00:36:25,720
 Thanks, Ron.

449
00:36:25,720 --> 00:36:26,720
 Any questions for Ron?

450
00:36:26,720 --> 00:36:33,440
 My only question is the form-based codes, is that something that's being embedded into

451
00:36:33,440 --> 00:36:34,440
 the compliance?

452
00:36:34,440 --> 00:36:35,440
 Is that something being just brainstormed through?

453
00:36:35,440 --> 00:36:41,400
 It was a request, potentially maybe a discussion for a location.

454
00:36:41,400 --> 00:36:42,720
 It's an option.

455
00:36:42,720 --> 00:36:47,320
 As an example, you know, form-based code is something that we considered for the downtown,

456
00:36:47,320 --> 00:36:52,600
 you know, years ago, but really wasn't implemented at that time.

457
00:36:52,600 --> 00:36:55,480
 Again, you can see that one example that Ed showed.

458
00:36:55,480 --> 00:37:00,760
 You can almost imagine that being Hickory Street, you know, as a potential application

459
00:37:00,760 --> 00:37:01,760
 form-based code.

460
00:37:01,760 --> 00:37:02,760
 It'd be high-level.

461
00:37:02,760 --> 00:37:07,000
 You know, it'd be something that we would talk in the comprehensive plan if that was

462
00:37:07,000 --> 00:37:10,600
 something that we want to pursue, but nothing yet has been formalized.

463
00:37:10,600 --> 00:37:11,600
 Gotcha.

464
00:37:11,600 --> 00:37:12,600
 Thanks.

465
00:37:12,600 --> 00:37:13,600
 Any other questions?

466
00:37:13,600 --> 00:37:14,600
 Thanks, Ron.

467
00:37:14,600 --> 00:37:15,600
 Great.

468
00:37:15,600 --> 00:37:16,600
 Thank you.

469
00:37:16,600 --> 00:37:21,640
 That moves us to a walkthrough of the agenda this evening.

470
00:37:21,640 --> 00:37:25,120
 The first thing is the consideration of the minutes from July 14th.

471
00:37:25,120 --> 00:37:29,480
 There was a circulation of an edit, but is there any – hopefully everyone got to that

472
00:37:29,480 --> 00:37:31,960
 email regarding the change to the minutes.

473
00:37:31,960 --> 00:37:37,160
 Is there any other questions or comments for July 14th minutes?

474
00:37:37,160 --> 00:37:38,720
 Okay.

475
00:37:38,720 --> 00:37:41,080
 Next item of business is the consent agenda.

476
00:37:41,080 --> 00:37:47,560
 Is there any questions for FR21-0006A for Ron?

477
00:37:47,560 --> 00:37:51,260
 Great.

478
00:37:51,260 --> 00:37:53,460
 Now we move to our individual consideration items.

479
00:37:53,460 --> 00:38:00,800
 This is 4A, FP21-0005B, and I'll invite Julie Wyatt for presentation.

480
00:38:00,800 --> 00:38:01,800
 Good evening.

481
00:38:01,800 --> 00:38:05,760
 Let me make sure – good evening.

482
00:38:05,760 --> 00:38:19,800
 I'm Julie Wyatt, Senior Planner with the City of Denton.

483
00:38:19,800 --> 00:38:25,280
 This is on the individual consideration portion of your agenda tonight; however, they did

484
00:38:25,280 --> 00:38:31,280
 address all of staff's comments, so we are recommending approval of this, of this proposed

485
00:38:31,280 --> 00:38:32,280
 final plan.

486
00:38:32,280 --> 00:38:33,840
 It is for the Gray Wolf edition.

487
00:38:33,840 --> 00:38:40,960
 It is to facilitate a four-plex development within the City of Denton, just north of Windsor,

488
00:38:40,960 --> 00:38:45,160
 and it meets all of our standards within the Denton Development Code, and I'll be happy

489
00:38:45,160 --> 00:38:46,880
 to answer any questions.

490
00:38:46,880 --> 00:38:48,660
 Thanks, Julie.

491
00:38:48,660 --> 00:38:51,520
 Any questions for Julie on this item?

492
00:38:51,520 --> 00:38:53,160
 I don't see any.

493
00:38:53,160 --> 00:38:55,720
 We can move to FP21-0020.

494
00:38:55,720 --> 00:38:58,160
 This is also Julie.

495
00:38:58,160 --> 00:39:01,280
 This is also a four-plex development.

496
00:39:01,280 --> 00:39:05,760
 It is located adjacent to Loop 288, just west of Loop 288.

497
00:39:05,760 --> 00:39:08,000
 You may – this may look familiar.

498
00:39:08,000 --> 00:39:13,000
 There was a preliminary plat approved recently for this proposal.

499
00:39:13,000 --> 00:39:18,160
 They does have some more comments that they need to address regarding standards within

500
00:39:18,160 --> 00:39:22,520
 the Denton Development Code, and so staff does recommend denial of the request.

501
00:39:22,520 --> 00:39:26,720
 However, they have requested an extension, and we have no opposition to the extension

502
00:39:26,720 --> 00:39:31,200
 to the August 18th meeting.

503
00:39:31,200 --> 00:39:34,520
 Any questions for Julie?

504
00:39:34,520 --> 00:39:35,520
 I don't see any.

505
00:39:35,520 --> 00:39:40,760
 Next item is 4C, PP21-0012A, and this is Haley's item.

506
00:39:40,760 --> 00:39:43,200
 All right, good evening.

507
00:39:43,200 --> 00:39:46,440
 This is a preliminary plat for the Urban Logistics Edition.

508
00:39:46,440 --> 00:39:50,120
 You all may recognize this from a recent zoning change on the same property.

509
00:39:50,120 --> 00:39:56,080
 The intent is to develop this with three lots, the largest of which would house some speculative

510
00:39:56,080 --> 00:39:57,680
 warehouse-type buildings.

511
00:39:57,680 --> 00:40:01,800
 At this time, staff is recommending denial of the plat, as it does not meet our established

512
00:40:01,800 --> 00:40:04,600
 requirements outlined in your backup.

513
00:40:04,600 --> 00:40:08,840
 This plat has previously received an extension, so we are recommending denial at this time.

514
00:40:08,840 --> 00:40:12,640
 I'm happy to answer any questions.

515
00:40:12,640 --> 00:40:14,360
 Any questions for Haley?

516
00:40:14,360 --> 00:40:15,360
 Okay.

517
00:40:15,360 --> 00:40:22,320
 Seeing none, we'll move to item 4D, FP21-0019, and this is also Haley's.

518
00:40:22,320 --> 00:40:29,080
 All right, this is a final plat for a single lot located on the west side of I-35, north

519
00:40:29,080 --> 00:40:31,440
 of Barthold, as you can see on the map.

520
00:40:31,440 --> 00:40:35,680
 Since the agenda posting, the applicant has resolved all of the outstanding comments.

521
00:40:35,680 --> 00:40:39,720
 A revised plat was circulated to you all just before this meeting, in addition to the one

522
00:40:39,720 --> 00:40:43,280
 that was sent earlier today, because they did notice they needed to update the ownership

523
00:40:43,280 --> 00:40:44,280
 on the plat.

524
00:40:44,280 --> 00:40:48,000
 This is the latest change that was made on this version that we see on the screen, and

525
00:40:48,000 --> 00:40:49,480
 we are now recommending approval.

526
00:40:49,480 --> 00:40:50,480
 Great.

527
00:40:50,480 --> 00:40:52,680
 Any questions for Haley on this item?

528
00:40:52,680 --> 00:40:53,680
 All right.

529
00:40:53,680 --> 00:41:01,160
 Seeing none, I'll move to the last item for individual consideration, item 4E, FP19-0023.

530
00:41:01,160 --> 00:41:02,840
 Invite Mark Laird for a presentation.

531
00:41:02,840 --> 00:41:03,840
 Good to see you.

532
00:41:03,840 --> 00:41:04,840
 Good to see you.

533
00:41:04,840 --> 00:41:05,840
 Good evening.

534
00:41:05,840 --> 00:41:06,840
 My name is Mark Laird.

535
00:41:06,840 --> 00:41:08,600
 I'm an associate planner with the development service department.

536
00:41:08,600 --> 00:41:16,400
 For your review and consideration this evening, I have the final plat of CDI-24 East Edition.

537
00:41:16,400 --> 00:41:20,800
 This lot is a mixed-use neighborhood lot.

538
00:41:20,800 --> 00:41:28,160
 It is 5.7 acres and is generally located on the east line of FM-2499.

539
00:41:28,160 --> 00:41:32,160
 Staff recommends approval, and I stand for any questions.

540
00:41:32,160 --> 00:41:34,120
 Any questions for Mark on this item?

541
00:41:34,120 --> 00:41:36,060
 I don't see any.

542
00:41:36,060 --> 00:41:38,700
 Thank you very much.

543
00:41:38,700 --> 00:41:46,800
 That moves us to our public hearing items for this evening, starting with 5AZ21-0009,

544
00:41:46,800 --> 00:41:49,560
 and I'll invite Cameron Robertson for presentation.

545
00:41:49,560 --> 00:41:50,560
 Okay.

546
00:41:50,560 --> 00:41:51,560
 Sorry.

547
00:41:51,560 --> 00:42:14,160
 Okay, good evening, everyone.

548
00:42:14,160 --> 00:42:15,160
 My name is Cameron Robertson.

549
00:42:15,160 --> 00:42:18,840
 I'm the historic preservation officer for the city of Denton.

550
00:42:18,840 --> 00:42:24,080
 I'm presenting Z21-009, which is a residential zoning.

551
00:42:24,080 --> 00:42:31,560
 So the request is for a rezoning of 2.990 acres from residential rural district to a

552
00:42:31,560 --> 00:42:33,640
 residential one district.

553
00:42:33,640 --> 00:42:38,920
 The subject property is currently vacant and based off historic aerials, it has not previously

554
00:42:38,920 --> 00:42:39,920
 been developed.

555
00:42:39,920 --> 00:42:45,960
 It is generally located on the east side of South Bonnie Bray Street, approximately 830

556
00:42:45,960 --> 00:42:49,040
 feet north of Allred Road.

557
00:42:49,040 --> 00:42:55,760
 It is surrounded by RR, residential two, the ETJ, and city-owned public facilities districts

558
00:42:55,760 --> 00:42:57,680
 to the west.

559
00:42:57,680 --> 00:43:03,400
 So just running through some of the maps, our maps over time, so pre-2019 zoning map,

560
00:43:03,400 --> 00:43:06,440
 you can see it highlighted in the black square right there.

561
00:43:06,440 --> 00:43:11,240
 It was part of the 2010 annexation to the city.

562
00:43:11,240 --> 00:43:16,120
 So at that time, I was given the placeholder of RD5X.

563
00:43:16,120 --> 00:43:21,920
 Then in the current zoning map, it transitioned to RR, which also had that five acreage requirement,

564
00:43:21,920 --> 00:43:25,700
 and proposed zoning map, you see it as an R1.

565
00:43:25,700 --> 00:43:29,400
 So we have our general approval criteria for all applications.

566
00:43:29,400 --> 00:43:33,960
 I'm going to be focusing on point three and eight, and then we have our zoning criteria

567
00:43:33,960 --> 00:43:39,000
 for approval, which I'll be focusing on one, six, and seven.

568
00:43:39,000 --> 00:43:43,620
 So the Denton Plan 2030, this site is designated rural area.

569
00:43:43,620 --> 00:43:48,880
 This is intended for development of one unit per five acres with farms and ranches as the

570
00:43:48,880 --> 00:43:55,600
 predominant use, along with rural residential and commercial developments such as feed stores.

571
00:43:55,600 --> 00:44:01,040
 The R1, however, is consistent with our future land use map, as it does permit a very low

572
00:44:01,040 --> 00:44:06,600
 density housing type at a scale and character that's typically found in the area.

573
00:44:06,600 --> 00:44:12,200
 And according to looking at point A of Denton Plan 2030, it does state that development

574
00:44:12,200 --> 00:44:18,020
 may include single family homes on large lots, as well as farms and ranches.

575
00:44:18,020 --> 00:44:22,440
 So the R1 is consistent with surrounding zoning and development pattern.

576
00:44:22,440 --> 00:44:27,160
 The existing land use pattern along South Bonnie Bray is primarily residential, and

577
00:44:27,160 --> 00:44:30,800
 it does include residential farming and ranching uses.

578
00:44:30,800 --> 00:44:34,760
 This development pattern is expected and encouraged on the city's periphery.

579
00:44:34,760 --> 00:44:39,840
 This rezoning would allow for the development of a single family detached dwelling.

580
00:44:39,840 --> 00:44:45,360
 It would be required to maintain that primarily rural scenic character that it currently exists,

581
00:44:45,360 --> 00:44:50,140
 and have development at a low profile residence on a large lot.

582
00:44:50,140 --> 00:44:54,560
 There is no direct vehicular connection to the neighborhood to the east, except along

583
00:44:54,560 --> 00:44:59,200
 South Bonnie Bray Street, and the development would be required to conform with current

584
00:44:59,200 --> 00:45:04,080
 site design standards, including screening and landscaping.

585
00:45:04,080 --> 00:45:09,160
 So in terms of public facilities and services available, there would be one driveway connection

586
00:45:09,160 --> 00:45:14,180
 to South Bonnie Bray Street for the proposed future single family detached dwelling.

587
00:45:14,180 --> 00:45:18,680
 It is within the attendance zones of Borman Elementary School, McMath Middle School, and

588
00:45:18,680 --> 00:45:22,920
 Denton High School, and it would generate approximately one student.

589
00:45:22,920 --> 00:45:27,880
 The subject property is located approximately 3.9 miles from South Lakes Park.

590
00:45:27,880 --> 00:45:32,760
 This does not meet the parks department goal of 10 minute walk to a park, however, west

591
00:45:32,760 --> 00:45:38,400
 of the subject property across South Bonnie Bray, the property is owned by the city of

592
00:45:38,400 --> 00:45:44,240
 Denton, and it is intended to be developed as a future regional park.

593
00:45:44,240 --> 00:45:48,020
 Public water service is available to the site.

594
00:45:48,020 --> 00:45:51,480
 As you can see on this map, it does show a 24 inch water line that is available to be

595
00:45:51,480 --> 00:45:52,640
 connected to.

596
00:45:52,640 --> 00:45:57,840
 However, the wastewater service is not available, so they would have to do a septic tank.

597
00:45:57,840 --> 00:46:05,160
 The closest fire station is approximately 1.4 miles from Denton City Fire Station 7.

598
00:46:05,160 --> 00:46:10,400
 So talking about the error in establishing the current zoning, so this was not an error

599
00:46:10,400 --> 00:46:12,360
 in the assignment of the current zoning district.

600
00:46:12,360 --> 00:46:18,360
 As I said previously, a transition from the placeholder designation of RD5X assigned to

601
00:46:18,360 --> 00:46:24,400
 it during the annexation in 2010, and this RD5X designation required the same five acre

602
00:46:24,400 --> 00:46:29,080
 minimum lot size as the current RR district that we have today.

603
00:46:29,080 --> 00:46:33,480
 So to meet those current standards of the development code, the property must be rezoned

604
00:46:33,480 --> 00:46:38,400
 to a district with a smaller minimum lot size to allow the property to be platted for single

605
00:46:38,400 --> 00:46:39,400
 family use.

606
00:46:39,400 --> 00:46:44,500
 Therefore, the existing RR district is no longer appropriate.

607
00:46:44,500 --> 00:46:48,460
 We did have public outreach on, we did a newspaper ad on July 18th.

608
00:46:48,460 --> 00:46:51,440
 The property was posted on July 14th.

609
00:46:51,440 --> 00:46:57,680
 We did have mail notices for 200 feet public notices of four were sent out and 500 feet

610
00:46:57,680 --> 00:47:00,840
 courtesy notices were mailed to five people.

611
00:47:00,840 --> 00:47:02,780
 We did have one person in opposition.

612
00:47:02,780 --> 00:47:08,800
 As you can see from the map, that is about 22.34% located within the 200 foot buffer

613
00:47:08,800 --> 00:47:09,920
 area.

614
00:47:09,920 --> 00:47:17,360
 And this is the property of 4681 South Bonnie Bray, and the owner is Kyle Whelan.

615
00:47:17,360 --> 00:47:21,360
 As you can see, we also had no one in favor and no one neutral.

616
00:47:21,360 --> 00:47:26,000
 That does recommend approval of the request of rezoning as it does comply with our criteria

617
00:47:26,000 --> 00:47:31,920
 in sections 2.4.5E and 2.72D of the Denton Development Code.

618
00:47:31,920 --> 00:47:32,920
 And I'm open for any questions.

619
00:47:32,920 --> 00:47:33,920
 Thanks, Karen.

620
00:47:33,920 --> 00:47:34,920
 We do have one right now.

621
00:47:34,920 --> 00:47:35,920
 Mr. Ellis.

622
00:47:35,920 --> 00:47:36,920
 Thank you, Chair Cameron.

623
00:47:36,920 --> 00:47:38,120
 Thanks for the presentation.

624
00:47:38,120 --> 00:47:43,880
 With regard to that letter from the neighbor that emailed to all of us, did you speak to

625
00:47:43,880 --> 00:47:45,400
 that person at all?

626
00:47:45,400 --> 00:47:46,960
 Yes, I did.

627
00:47:46,960 --> 00:47:52,600
 Were you able to clear anything, or I'm just wondering how that conversation went?

628
00:47:52,600 --> 00:47:57,120
 Because I don't know if they quite understood what was happening here.

629
00:47:57,120 --> 00:48:02,720
 It was more a discussion of what was to come in the future.

630
00:48:02,720 --> 00:48:07,360
 I know he is worried because if it were to be rezoned, there is a potential based off

631
00:48:07,360 --> 00:48:12,040
 that minimum that it could be split, however, that has not been a discussion with me and

632
00:48:12,040 --> 00:48:13,040
 the applicant.

633
00:48:13,040 --> 00:48:14,680
 You know, that is something to look forward to in the future.

634
00:48:14,680 --> 00:48:17,100
 This is just rezoning itself.

635
00:48:17,100 --> 00:48:21,320
 So that was mainly his discussion of the easements, what if it were to be split into multiple

636
00:48:21,320 --> 00:48:27,320
 lots, however, as I stated, you know, for them to meet just to build that single family

637
00:48:27,320 --> 00:48:32,120
 home, they have to switch to that R1 just to meet our current minimum lot size.

638
00:48:32,120 --> 00:48:33,120
 Right.

639
00:48:33,120 --> 00:48:36,000
 And some of those concerns we're not really dealing with when we're dealing with the issue

640
00:48:36,000 --> 00:48:37,000
 before us.

641
00:48:37,000 --> 00:48:38,000
 Right.

642
00:48:38,000 --> 00:48:39,000
 Okay.

643
00:48:39,000 --> 00:48:40,000
 Okay.

644
00:48:40,000 --> 00:48:41,000
 Thanks.

645
00:48:41,000 --> 00:48:46,000
 So an involuntary annex to the city just annexes in 2010 or is this a voluntary annex?

646
00:48:46,000 --> 00:48:47,000
 Do you know?

647
00:48:47,000 --> 00:48:51,480
 I'm not positive, Haley.

648
00:48:51,480 --> 00:48:55,900
 I believe this and several of the surrounding properties were part of kind of the city's

649
00:48:55,900 --> 00:48:58,240
 annexation plan that was going through at the time.

650
00:48:58,240 --> 00:49:01,520
 So like we have the non-annexation agreement areas today, those were some of those kind

651
00:49:01,520 --> 00:49:04,360
 of donut holes within the city that were pursued.

652
00:49:04,360 --> 00:49:07,800
 They were given the option to either annex at that time or enter into a non-annexation

653
00:49:07,800 --> 00:49:08,800
 agreement.

654
00:49:08,800 --> 00:49:13,280
 So this property owner and those others entered into the city at that time through voluntary

655
00:49:13,280 --> 00:49:14,720
 annexation.

656
00:49:14,720 --> 00:49:18,360
 There are still some holdouts in that area that have the non-annexation agreements, though,

657
00:49:18,360 --> 00:49:22,440
 but it was part of a larger plan to clear up the donut holes within the city.

658
00:49:22,440 --> 00:49:23,440
 Gotcha.

659
00:49:23,440 --> 00:49:28,840
 My question related to that is just kind of understanding, we don't typically get a lot

660
00:49:28,840 --> 00:49:33,480
 of these type of rezonings where it's a property owner rezoning, I assume either for them to

661
00:49:33,480 --> 00:49:36,720
 build or for them to sell to someone who could build.

662
00:49:36,720 --> 00:49:43,240
 I'm curious, this person, if they didn't necessarily want to annex the charge, do you know what

663
00:49:43,240 --> 00:49:48,160
 their total fees are that they've paid to bring this in front of us tonight to get this

664
00:49:48,160 --> 00:49:49,160
 changed?

665
00:49:49,160 --> 00:49:54,680
 So because it was a non-compliant, I believe it was under $1,000 in terms of, I'm not sure

666
00:49:54,680 --> 00:49:57,040
 of the exact price.

667
00:49:57,040 --> 00:50:02,240
 I know that it is much cheaper than an actual full rezoning, but because of the non-compliance,

668
00:50:02,240 --> 00:50:04,240
 I believe it's under a $1,000 fee.

669
00:50:04,240 --> 00:50:05,240
 Okay.

670
00:50:05,240 --> 00:50:06,240
 Great.

671
00:50:06,240 --> 00:50:07,240
 Thank you.

672
00:50:07,240 --> 00:50:08,240
 Any other questions?

673
00:50:08,240 --> 00:50:11,960
 Do you have any, or are you just not cleared?

674
00:50:11,960 --> 00:50:12,960
 We're good.

675
00:50:12,960 --> 00:50:14,440
 I think that's it.

676
00:50:14,440 --> 00:50:15,440
 Okay.

677
00:50:15,440 --> 00:50:16,440
 Thanks, Cameron.

678
00:50:16,440 --> 00:50:20,680
 The next item, 5B, PD 21-002A, is being postponed.

679
00:50:20,680 --> 00:50:22,040
 We'll take no action on it this evening.

680
00:50:22,040 --> 00:50:26,600
 It'll move to a date uncertain, be reposted, and come back to us.

681
00:50:26,600 --> 00:50:33,640
 And then the final item for our public hearing is item 5C, S21-0004, and I'll invite Haley

682
00:50:33,640 --> 00:50:37,000
 for presentation, and just I want to let the record show that Commissioner Smith has joined

683
00:50:37,000 --> 00:50:38,000
 us.

684
00:50:38,000 --> 00:50:39,000
 Welcome.

685
00:50:39,000 --> 00:50:40,000
 All right.

686
00:50:40,000 --> 00:50:41,000
 Good evening.

687
00:50:41,000 --> 00:50:58,640
 This is a specific use permit request for Millennium Crest Multifamily.

688
00:50:58,640 --> 00:51:03,200
 The request before you this evening is specific to the height of the building that would be

689
00:51:03,200 --> 00:51:08,880
 developed on the site, so they are requesting a maximum building height of 60 feet.

690
00:51:08,880 --> 00:51:14,480
 The multifamily use that is proposed is on a site that is a total of 7.6 acres.

691
00:51:14,480 --> 00:51:20,000
 They are intending to develop the multifamily on the western 6.2 acres of the property,

692
00:51:20,000 --> 00:51:25,000
 leaving the remaining 1.4 on the eastern side for future commercial development.

693
00:51:25,000 --> 00:51:30,800
 The property is zone mixed-use neighborhood, as you can see on the lower map in this location.

694
00:51:30,800 --> 00:51:34,840
 The multifamily use is permitted by right within the mixed-use neighborhood district.

695
00:51:34,840 --> 00:51:39,480
 However, that district requires for any use, not just multifamily, that if the building

696
00:51:39,480 --> 00:51:44,600
 height would be over 40 feet, that they would require or they would obtain an SUP.

697
00:51:44,600 --> 00:51:49,440
 They could go up to 65 feet within the MN district, but anything between 41 and 65 would

698
00:51:49,440 --> 00:51:52,360
 need the SUP.

699
00:51:52,360 --> 00:51:56,600
 So to look at that a little more closely and specific to this site, again, they are requesting

700
00:51:56,600 --> 00:52:00,720
 that increase the difference of 20 feet from 40 to 60.

701
00:52:00,720 --> 00:52:04,960
 For the type of building that they are proposing with a flat roof, this diagram shows how building

702
00:52:04,960 --> 00:52:06,480
 height is measured.

703
00:52:06,480 --> 00:52:10,280
 So it is measured from the average finished grade that is taken kind of at the midpoint

704
00:52:10,280 --> 00:52:14,920
 of each section of the building to the actual roof of the building, excluding any parapets

705
00:52:14,920 --> 00:52:19,040
 that might extend over that for screening of mechanical equipment or just architectural

706
00:52:19,040 --> 00:52:21,160
 detailing.

707
00:52:21,160 --> 00:52:24,440
 In this case, the finished grade is pretty important to the request.

708
00:52:24,440 --> 00:52:28,240
 You can see here on the screen just a screenshot of the topography of the site.

709
00:52:28,240 --> 00:52:33,200
 There are two high points kind of at the northwest and at the northeastern part of the site,

710
00:52:33,200 --> 00:52:34,200
 and it slopes down pretty severely.

711
00:52:34,200 --> 00:52:39,240
 There is about 30 feet of grade change across the entire site.

712
00:52:39,240 --> 00:52:42,760
 So looking a little more closely at what they are proposing, this is the northern side of

713
00:52:42,760 --> 00:52:43,760
 the building.

714
00:52:43,760 --> 00:52:48,700
 The highest point of it would be this portion here where the leasing office is located.

715
00:52:48,700 --> 00:52:53,280
 The structure itself, according to their architectural plans, has a height of about 54 feet, 8 inches

716
00:52:53,280 --> 00:52:55,200
 from the foundation to the rooftop.

717
00:52:55,200 --> 00:52:59,760
 However, because that height measurement like we just looked at is taken at average grade,

718
00:52:59,760 --> 00:53:03,760
 from the average, from the midpoint of the grading at that site from what they are expecting,

719
00:53:03,760 --> 00:53:08,160
 it would actually be measured at 58 feet in total building height.

720
00:53:08,160 --> 00:53:12,060
 They are requesting that maximum of 60 because of the significant topography on the site

721
00:53:12,060 --> 00:53:16,760
 that they will have to contend with, and they have not at this point done their final grading

722
00:53:16,760 --> 00:53:19,720
 plans because they are still in the entitlement phase.

723
00:53:19,720 --> 00:53:23,260
 So they wanted to allow for a little bit of flexibility there in case the grading is not

724
00:53:23,260 --> 00:53:28,600
 quite what they expect to allow them up to 60 feet.

725
00:53:28,600 --> 00:53:31,680
 This is a look at the south side of the proposed building.

726
00:53:31,680 --> 00:53:35,280
 This would be the side facing towards the single-family residences to the south.

727
00:53:35,280 --> 00:53:39,800
 On this side of the building, the average height on their plans is indicated at 48 feet,

728
00:53:39,800 --> 00:53:40,800
 7 inches.

729
00:53:40,800 --> 00:53:45,640
 There are some parapets on this side that would go up to 54 feet, 7 inches, but again,

730
00:53:45,640 --> 00:53:48,720
 we exclude those for our measurement of building height.

731
00:53:48,720 --> 00:53:53,360
 These are some of the conceptual renderings that were included in your backup, so you

732
00:53:53,360 --> 00:53:57,120
 can see here the proposed building looking towards that leasing office, which again is

733
00:53:57,120 --> 00:53:58,360
 the highest point of the building.

734
00:53:58,360 --> 00:54:02,440
 It is located on the north side, furthest away from those residences, and then you can

735
00:54:02,440 --> 00:54:07,200
 see here just some renderings of what this would look like, kind of an aerial perspective

736
00:54:07,200 --> 00:54:11,800
 looking from the south where that neighborhood is located towards the building.

737
00:54:11,800 --> 00:54:16,180
 We will not go through all of the criteria for approval.

738
00:54:16,180 --> 00:54:17,680
 Those are outlined in your backup.

739
00:54:17,680 --> 00:54:23,560
 We will look more specifically at these criteria that are specific to a specific use permit.

740
00:54:23,560 --> 00:54:27,820
 Starting with our comprehensive plan, so you can see here on the map this area is designated

741
00:54:27,820 --> 00:54:29,920
 as regional mixed use.

742
00:54:29,920 --> 00:54:34,360
 That is kind of a mixed use, but predominantly commercial or higher intensity residential

743
00:54:34,360 --> 00:54:39,520
 designation that's applied along our major corridors, so much of the property along I-35

744
00:54:39,520 --> 00:54:41,080
 has this designation.

745
00:54:41,080 --> 00:54:44,960
 It's intended for kind of the highest level of intensity of development within the city

746
00:54:44,960 --> 00:54:46,520
 without it being industrial.

747
00:54:46,520 --> 00:54:51,320
 So those hospital campuses, large scale retail, moderate to high density residential are all

748
00:54:51,320 --> 00:54:55,360
 typical uses we would see in these areas.

749
00:54:55,360 --> 00:54:59,200
 Just to point out for this specific case, again, the use is not what we are considering,

750
00:54:59,200 --> 00:55:02,200
 but that is a use that would be consistent with this designation.

751
00:55:02,200 --> 00:55:07,080
 And similarly, multi-story buildings, especially for residential, are typical along I-35 and

752
00:55:07,080 --> 00:55:10,960
 are consistent with the description of the regional mixed use area.

753
00:55:10,960 --> 00:55:14,680
 And additionally, as we'll look at in a little more detail, by requesting the additional

754
00:55:14,680 --> 00:55:18,680
 height, they are creating a more compact building footprint that allows for greater buffering

755
00:55:18,680 --> 00:55:22,640
 and tree preservation on site.

756
00:55:22,640 --> 00:55:26,560
 So looking a little more closely at their site design and in terms of its compatibility

757
00:55:26,560 --> 00:55:31,600
 with the surrounding area, as I mentioned, that 60-foot building height is really not

758
00:55:31,600 --> 00:55:35,640
 out of line with what we see along I-35 throughout the city with some of our taller buildings,

759
00:55:35,640 --> 00:55:41,720
 looking at the hospitals, the mall, developments at Razor Ranch for similar comparisons.

760
00:55:41,720 --> 00:55:46,320
 But with their site, they are concentrating the building development in this area.

761
00:55:46,320 --> 00:55:50,360
 They've moved it as far from the southern residential as you really could on the site

762
00:55:50,360 --> 00:55:53,140
 and still accommodate fire lanes.

763
00:55:53,140 --> 00:55:57,160
 You see here in the light green, the significant tree preservation and buffer areas that they're

764
00:55:57,160 --> 00:55:58,160
 proposing.

765
00:55:58,160 --> 00:56:00,500
 We'll look at those a little more closely in a moment.

766
00:56:00,500 --> 00:56:05,440
 But they've concentrated that on the west side of the site where they adjoin an elderly

767
00:56:05,440 --> 00:56:09,560
 housing use and on the south side where they have a single-family residential.

768
00:56:09,560 --> 00:56:13,080
 Some of the other features, just to point out while we're looking at their site plan,

769
00:56:13,080 --> 00:56:17,480
 the dark green areas that I've highlighted are those areas of new landscaping that they

770
00:56:17,480 --> 00:56:19,360
 would be adding to the building.

771
00:56:19,360 --> 00:56:22,480
 They did decrease the buffer width here on the north side where they abut commercial

772
00:56:22,480 --> 00:56:26,960
 so that they could again concentrate on buffering as much as possible in the south and west.

773
00:56:26,960 --> 00:56:30,640
 And then the area shaded in blue, this is that future commercial lot, but I did want

774
00:56:30,640 --> 00:56:33,880
 to point out that they've looked at the tree preservation for that area to make sure that

775
00:56:33,880 --> 00:56:38,280
 with the detention needed for both lots, they could still accommodate required tree preservation

776
00:56:38,280 --> 00:56:43,640
 there and fit that future retail building.

777
00:56:43,640 --> 00:56:47,640
 So again, just looking at some different features related to compatibility, they did a site

778
00:56:47,640 --> 00:56:48,640
 visibility study.

779
00:56:48,640 --> 00:56:52,320
 So you can see some of the results of that here on the screen.

780
00:56:52,320 --> 00:56:56,400
 Just looking at line of sight from some of those residential lots, what would the building

781
00:56:56,400 --> 00:56:58,400
 look like from their perspective.

782
00:56:58,400 --> 00:57:02,200
 Based on the heights of the trees and the maturity of those trees, it's expected that

783
00:57:02,200 --> 00:57:06,280
 there would be significant screening of the building from that adjacent neighborhood.

784
00:57:06,280 --> 00:57:11,160
 And then I did use one of our mapping resources at the city to look at more recent imagery

785
00:57:11,160 --> 00:57:12,440
 of what those trees actually look like.

786
00:57:12,440 --> 00:57:15,760
 So you can see here some images from January of this year.

787
00:57:15,760 --> 00:57:18,360
 Even in the winter, there was still significant tree canopy on site.

788
00:57:18,360 --> 00:57:23,400
 So it appears to be a mix, pretty good mix of trees, very mature with significant canopy

789
00:57:23,400 --> 00:57:29,640
 that would be maintained along that south and west property line.

790
00:57:29,640 --> 00:57:36,240
 In terms of minimizing impact on future development in the area, you can see based on the, you

791
00:57:36,240 --> 00:57:40,200
 can see the screenshot here for our maps that there is very little left undeveloped in this

792
00:57:40,200 --> 00:57:44,640
 area with, aside from this parcel, the only undeveloped land is really those out parcels

793
00:57:44,640 --> 00:57:46,360
 left in front of buckies.

794
00:57:46,360 --> 00:57:50,940
 It's not expected that this multifamily development would have any significant impact on those.

795
00:57:50,940 --> 00:57:53,920
 The increase in building height would not affect those properties in any way.

796
00:57:53,920 --> 00:57:58,920
 They have a similar PD zoning that's rooted in MR and MN districts, so they would have

797
00:57:58,920 --> 00:58:01,600
 similar requirements.

798
00:58:01,600 --> 00:58:04,840
 And then finally, the site plan and landscape plan for this development indicate they can

799
00:58:04,840 --> 00:58:06,560
 meet all of our DDC requirements.

800
00:58:06,560 --> 00:58:10,760
 So even though they're just requesting building height adjustment here, we did look at the

801
00:58:10,760 --> 00:58:18,160
 full plans to make sure that they could meet all of our other site design requirements.

802
00:58:18,160 --> 00:58:21,760
 One of the additional criteria is mitigating any negative impacts that they could have.

803
00:58:21,760 --> 00:58:25,200
 So I first wanted to point out just a base requirement in our code.

804
00:58:25,200 --> 00:58:29,720
 In subchapter seven, we have protections built in for height transition areas adjacent to

805
00:58:29,720 --> 00:58:31,160
 single family.

806
00:58:31,160 --> 00:58:36,420
 So because this site is a mixed use neighborhood abutting a residential three zoning district,

807
00:58:36,420 --> 00:58:38,380
 this did come into play.

808
00:58:38,380 --> 00:58:41,800
 And the code requires that any portion of their building that would be located within

809
00:58:41,800 --> 00:58:46,840
 50 feet of that R3 zoning could only have the maximum height of the R3 zoning.

810
00:58:46,840 --> 00:58:50,800
 So if they had proposed any building within this first 50 feet of the site, it would have

811
00:58:50,800 --> 00:58:53,220
 been limited to 40 feet in height.

812
00:58:53,220 --> 00:58:57,920
 As you move further out from that, anything between 50 feet and 100 feet can have an additional

813
00:58:57,920 --> 00:59:01,880
 15 feet of height, so they could have gone up to 15 feet or 55 feet.

814
00:59:01,880 --> 00:59:05,560
 And you can see here the diagram from the code that shows that stair stepping that this

815
00:59:05,560 --> 00:59:06,560
 results in.

816
00:59:06,560 --> 00:59:11,480
 And then anything beyond 100 feet can go up to that maximum height permitted in that base

817
00:59:11,480 --> 00:59:12,480
 district.

818
00:59:12,480 --> 00:59:15,840
 Again, in this case, there is that SUP requirement that applies.

819
00:59:15,840 --> 00:59:19,960
 But it is important to note that they are outside of that 100 foot boundary all the

820
00:59:19,960 --> 00:59:21,140
 way across with their building.

821
00:59:21,140 --> 00:59:25,080
 So this standard didn't come into play, but it is something that the code contemplated

822
00:59:25,080 --> 00:59:29,000
 to build in that protection.

823
00:59:29,000 --> 00:59:32,800
 Looking in more detail at their site design now, first wanted to point out what I referenced

824
00:59:32,800 --> 00:59:35,660
 earlier in terms of a compact building design.

825
00:59:35,660 --> 00:59:40,080
 So typically with multifamily, we see large parking lots surrounding the building.

826
00:59:40,080 --> 00:59:43,960
 They have, again, made everything on this site very compact due to the nature of the

827
00:59:43,960 --> 00:59:48,400
 site and the topography, as well as the desire to buffer those adjacent uses.

828
00:59:48,400 --> 00:59:51,640
 Parking is concentrated in a wrapped parking garage in the middle of the building.

829
00:59:51,640 --> 00:59:54,820
 They have a total of 383 parking spaces.

830
00:59:54,820 --> 00:59:57,960
 Only 12 of those for the multifamily are actually going to be on the surface.

831
00:59:57,960 --> 01:00:02,980
 Those would be in this orange area here adjacent to the leasing office.

832
01:00:02,980 --> 01:00:05,680
 The building is proposed at four stories.

833
01:00:05,680 --> 01:00:09,400
 And then some of the other things to point out, whereas we typically see detention ponds

834
01:00:09,400 --> 01:00:14,480
 on the periphery of a development, again, with that split in the topography, they needed

835
01:00:14,480 --> 01:00:17,500
 two detention areas to deal with the site drainage.

836
01:00:17,500 --> 01:00:21,640
 So for this western part of the site, they've made that as an amenity feature within their

837
01:00:21,640 --> 01:00:22,640
 courtyard.

838
01:00:22,640 --> 01:00:29,900
 There's a detention pond that has some decks overlooking it to make it a resident amenity.

839
01:00:29,900 --> 01:00:33,640
 And then they also have incorporated underground detention under the fire lane to handle the

840
01:00:33,640 --> 01:00:37,680
 rest of that drainage and get it to the outfall that was stubbed to the site.

841
01:00:37,680 --> 01:00:41,000
 And then on the eastern part of the site, they would have that surface detention pond.

842
01:00:41,000 --> 01:00:45,500
 But again, they have looked at the tree preservation for the entire property and confirmed that

843
01:00:45,500 --> 01:00:48,960
 they can accommodate that detention pond and still meet tree preservation on that future

844
01:00:48,960 --> 01:00:50,960
 lot.

845
01:00:50,960 --> 01:00:54,760
 And then as I mentioned earlier, they are proposing substantially larger buffers than

846
01:00:54,760 --> 01:00:57,060
 what would be required by code.

847
01:00:57,060 --> 01:01:01,160
 Our code would require when you have multifamily but in single family, you have a minimum 10-foot

848
01:01:01,160 --> 01:01:02,160
 wide buffer.

849
01:01:02,160 --> 01:01:06,960
 They are proposing an area that is on average 65 feet in depth on the south side of the

850
01:01:06,960 --> 01:01:08,080
 property.

851
01:01:08,080 --> 01:01:12,840
 And then similarly, a 10-foot buffer would have been required on the western boundary

852
01:01:12,840 --> 01:01:13,840
 of the site.

853
01:01:13,840 --> 01:01:18,880
 They are proposing an area that's a minimum of 83 feet deep on that area.

854
01:01:18,880 --> 01:01:23,440
 The western portion, they are proposing to amenitize with a dog park for the residents.

855
01:01:23,440 --> 01:01:27,680
 And then they are incorporating, as you can see here on the map, a kind of curvilinear

856
01:01:27,680 --> 01:01:32,800
 trail feature with butterfly gardens and benches throughout a portion of the southern buffer

857
01:01:32,800 --> 01:01:35,840
 to again have an amenity for the residents built into this area.

858
01:01:35,840 --> 01:01:38,200
 Hey, Haley, can I interrupt you real fast?

859
01:01:38,200 --> 01:01:39,200
 Sure.

860
01:01:39,200 --> 01:01:44,160
 The apartment itself is 100 feet from the southern border, but you said the buffer width

861
01:01:44,160 --> 01:01:45,800
 on the south is 65 feet.

862
01:01:45,800 --> 01:01:51,600
 Is that 65 feet, I assume, just to concrete, like where they're going to have a road there?

863
01:01:51,600 --> 01:01:52,600
 Correct.

864
01:01:52,600 --> 01:01:58,320
 This is a 26-foot fire lane required because of the building height being over 30 feet.

865
01:01:58,320 --> 01:01:59,880
 They need that additional width of fire lane.

866
01:01:59,880 --> 01:02:05,600
 So it's 65 feet of buffer area, 26-foot fire lane, and then there is a sidewalk and some

867
01:02:05,600 --> 01:02:09,120
 additional landscaping here against the building, totals 100.

868
01:02:09,120 --> 01:02:16,560
 And I assume the height that you talked about in the last slide is applicable to the west.

869
01:02:16,560 --> 01:02:18,880
 I think it's an elderly facility to the west.

870
01:02:18,880 --> 01:02:22,140
 There's not any issue on the height setback on that end either, correct?

871
01:02:22,140 --> 01:02:26,440
 That is an MN zoning district, so that standard only applies to our residential districts.

872
01:02:26,440 --> 01:02:27,440
 Great.

873
01:02:27,440 --> 01:02:28,440
 Thank you.

874
01:02:28,440 --> 01:02:30,600
 You're welcome.

875
01:02:30,600 --> 01:02:34,200
 And then I also just wanted to point out that they are, again, meeting and exceeding our

876
01:02:34,200 --> 01:02:37,440
 minimum landscape and tree canopy requirements for the site.

877
01:02:37,440 --> 01:02:41,160
 And additionally, along these property boundaries, where they about those more sensitive uses,

878
01:02:41,160 --> 01:02:42,720
 they are proposing fencing.

879
01:02:42,720 --> 01:02:47,880
 They propose ornamental metal fencing here adjacent to the elderly housing use.

880
01:02:47,880 --> 01:02:52,680
 And then on the southern side, they're proposing eight-foot wooden fences consistent with what

881
01:02:52,680 --> 01:02:58,520
 the residents already have in place at that location.

882
01:02:58,520 --> 01:03:02,120
 And then our final criteria relates to the provision of public facilities and adequate

883
01:03:02,120 --> 01:03:03,320
 transportation.

884
01:03:03,320 --> 01:03:07,600
 So looking first at the roadway network, this site is rather unique.

885
01:03:07,600 --> 01:03:10,360
 It has one point of access to I-35.

886
01:03:10,360 --> 01:03:14,600
 It is kind of nestled behind this existing commercial development.

887
01:03:14,600 --> 01:03:18,280
 Their daily trips would normally meet our requirements for traffic impact analysis.

888
01:03:18,280 --> 01:03:24,280
 But because this site only has access to I-35 and TextDOT, when they recently widened with

889
01:03:24,280 --> 01:03:27,480
 the improvements of the frontage roads and the improvements at the intersection with

890
01:03:27,480 --> 01:03:31,200
 Brinker, they actually built all of the improvements that would be required for this site.

891
01:03:31,200 --> 01:03:34,440
 So there's nothing additional that this developer would require.

892
01:03:34,440 --> 01:03:38,920
 You can see here the newly built right-hand turn light in the TextDOT installed, as well

893
01:03:38,920 --> 01:03:43,000
 as here the intersection that they've created at their driveway to allow for right-in, right-out

894
01:03:43,000 --> 01:03:47,600
 turning movements only.

895
01:03:47,600 --> 01:03:49,720
 Water and wastewater services are available to the site.

896
01:03:49,720 --> 01:03:53,040
 You can see here that water lines are stubbed to the north at two ends.

897
01:03:53,040 --> 01:03:56,280
 They do have sewer lines stubbed from the Buggies property, as well as the south side.

898
01:03:56,280 --> 01:04:00,080
 There is adequate capacity for both of those to serve this location.

899
01:04:00,080 --> 01:04:03,920
 And they are within an eight-minute or less response time boundary from two of our fire

900
01:04:03,920 --> 01:04:08,400
 stations, numbers eight and six.

901
01:04:08,400 --> 01:04:09,720
 Public outreach was conducted.

902
01:04:09,720 --> 01:04:14,200
 As you can see on the screen here, we sent 37 notices to properties within 200 feet.

903
01:04:14,200 --> 01:04:20,480
 And 814 courtesy notices were sent because they did touch the limits of a couple of apartment

904
01:04:20,480 --> 01:04:23,320
 complexes across I-35.

905
01:04:23,320 --> 01:04:25,560
 We've received 11 responses to date.

906
01:04:25,560 --> 01:04:28,960
 Many of those were sent to you all just this afternoon that came in after the agenda posting

907
01:04:28,960 --> 01:04:30,200
 on Friday.

908
01:04:30,200 --> 01:04:34,280
 Total, they're at 9.79% opposition at this time.

909
01:04:34,280 --> 01:04:38,000
 The applicant did hold two neighborhood meetings, one in March, one in July, and they provided

910
01:04:38,000 --> 01:04:42,160
 summaries of those that was in your backup.

911
01:04:42,160 --> 01:04:45,640
 And finally, staff is recommending approval with a few conditions.

912
01:04:45,640 --> 01:04:47,480
 These probably look familiar to many of you.

913
01:04:47,480 --> 01:04:51,320
 They're the standard conditions we apply with our SUPs to ensure that the site plan, the

914
01:04:51,320 --> 01:04:57,020
 landscape plan, and the elevations that we've looked at are all tied to that ordinance.

915
01:04:57,020 --> 01:05:00,800
 So I won't read these in depth, but the first condition, again, just relates to those plans

916
01:05:00,800 --> 01:05:04,100
 that we've looked at being attached as part of the ordinance.

917
01:05:04,100 --> 01:05:07,200
 It does allow for minor alterations on the landscape plan.

918
01:05:07,200 --> 01:05:10,880
 For example, if some of the plant species become unavailable or there's difficulties,

919
01:05:10,880 --> 01:05:14,760
 we could make some minor adjustments to that at the staff level.

920
01:05:14,760 --> 01:05:20,320
 And then finally, we are reserving the right for any amendments to the SUP to come back

921
01:05:20,320 --> 01:05:26,400
 to P&Z and council, with the exception of, again, some minor modifications that we typically

922
01:05:26,400 --> 01:05:31,600
 build into our SUPs to allow them up to 5% deviation from those numerical standards.

923
01:05:31,600 --> 01:05:33,960
 You will see a couple things highlighted on the screen in red.

924
01:05:33,960 --> 01:05:38,440
 I did have some typographical errors in the information that went out to you, so my apologies

925
01:05:38,440 --> 01:05:39,440
 for that.

926
01:05:39,440 --> 01:05:43,360
 I wanted to clarify that this square footage is the total building area, not the footprint

927
01:05:43,360 --> 01:05:46,040
 of the building as I had originally indicated.

928
01:05:46,040 --> 01:05:49,640
 And I did have an error in my calculation for building coverage, so that is corrected

929
01:05:49,640 --> 01:05:51,640
 here as well.

930
01:05:51,640 --> 01:05:55,120
 And then the final condition is just simply that our zoning map will be updated to reflect

931
01:05:55,120 --> 01:05:58,320
 this SUP as is required by the DDC.

932
01:05:58,320 --> 01:06:00,800
 And with that, I'm happy to answer any questions.

933
01:06:00,800 --> 01:06:02,960
 Commissioner Ellis.

934
01:06:02,960 --> 01:06:03,960
 Thank you, Chair.

935
01:06:03,960 --> 01:06:05,560
 Haley, thank you.

936
01:06:05,560 --> 01:06:10,720
 I think there's going to be significant EESA issues here.

937
01:06:10,720 --> 01:06:13,520
 Has any of that been discussed?

938
01:06:13,520 --> 01:06:20,640
 So the area that is shown on our map as the red hatching, as was shown in your backup,

939
01:06:20,640 --> 01:06:22,860
 that is actually not an EESA.

940
01:06:22,860 --> 01:06:27,320
 This site, and I don't believe I have that map here, but we can see it just kind of on

941
01:06:27,320 --> 01:06:32,440
 the aerials, there was at one time a much larger stand of trees that covered a significant

942
01:06:32,440 --> 01:06:35,000
 part of this area.

943
01:06:35,000 --> 01:06:40,800
 Prior to our EESA code being adopted, many of the subdivision to the south, the development

944
01:06:40,800 --> 01:06:46,500
 to the west came in and removed portions of that tree canopy, and the result was an area

945
01:06:46,500 --> 01:06:50,980
 less than 10 acres, so it did not meet the minimum standard for upland habitat that was

946
01:06:50,980 --> 01:06:53,240
 adopted in 2002.

947
01:06:53,240 --> 01:06:56,880
 So today they are subject only to our standard tree preservation requirements.

948
01:06:56,880 --> 01:06:57,880
 Okay.

949
01:06:57,880 --> 01:06:58,880
 I see.

950
01:06:58,880 --> 01:06:59,880
 Thank you.

951
01:06:59,880 --> 01:07:00,880
 Commissioner Smith.

952
01:07:00,880 --> 01:07:01,880
 Thank you, Chair.

953
01:07:01,880 --> 01:07:07,960
 Haley, just to get confirmation, the lowest point of the building itself, as it's currently

954
01:07:07,960 --> 01:07:12,160
 drawn, even with the grading, is still 47 feet, give or take?

955
01:07:12,160 --> 01:07:13,160
 Correct.

956
01:07:13,160 --> 01:07:18,000
 So even no matter what, even the lowest point, it still falls underneath the use table as

957
01:07:18,000 --> 01:07:19,440
 an SUP no matter what.

958
01:07:19,440 --> 01:07:20,440
 Correct.

959
01:07:20,440 --> 01:07:23,480
 There are pieces in there that talk about the highest point, this grading, and so on

960
01:07:23,480 --> 01:07:24,480
 and so forth.

961
01:07:24,480 --> 01:07:28,640
 Well, even the lowest point, it's still an SUP, right?

962
01:07:28,640 --> 01:07:29,640
 Correct.

963
01:07:29,640 --> 01:07:32,360
 And yeah, that's actually it.

964
01:07:32,360 --> 01:07:33,360
 Thank you.

965
01:07:33,360 --> 01:07:34,360
 Okay.

966
01:07:34,360 --> 01:07:36,240
 Any other questions for Haley?

967
01:07:36,240 --> 01:07:38,240
 Commissioner Pruitt?

968
01:07:38,240 --> 01:07:40,680
 Yeah, just a question.

969
01:07:40,680 --> 01:07:47,500
 Did you happen to look at where the average grade point was in height compared to the

970
01:07:47,500 --> 01:07:50,320
 grade at the property line to the south?

971
01:07:50,320 --> 01:07:53,440
 I do not have that specific number, but I can certainly find that out before the regular

972
01:07:53,440 --> 01:07:54,440
 meeting.

973
01:07:54,440 --> 01:07:55,440
 I think that would be helpful.

974
01:07:55,440 --> 01:07:56,440
 Thank you.

975
01:07:56,440 --> 01:07:57,440
 Any other questions?

976
01:07:57,440 --> 01:08:04,600
 The only question I have is, does there need to be two points of access for fire, or what's

977
01:08:04,600 --> 01:08:05,880
 the requirement there?

978
01:08:05,880 --> 01:08:06,880
 Correct.

979
01:08:06,880 --> 01:08:09,360
 So they do require two points of access.

980
01:08:09,360 --> 01:08:12,960
 They will have, of course, their driveway here that they'll share with this future retail

981
01:08:12,960 --> 01:08:13,960
 lot.

982
01:08:13,960 --> 01:08:18,840
 You can see here on the west side, their intended second point of access would be to the fire

983
01:08:18,840 --> 01:08:22,080
 lane, and I don't know if you can see it on the aerial.

984
01:08:22,080 --> 01:08:25,200
 The abutting property is a fire lane that comes right up to the property line.

985
01:08:25,200 --> 01:08:28,400
 They've had some preliminary discussions with the owner of that elderly housing, and they've

986
01:08:28,400 --> 01:08:31,560
 indicated they would be amenable to a shared access point there.

987
01:08:31,560 --> 01:08:34,600
 It would be gated for emergency access only, though.

988
01:08:34,600 --> 01:08:35,600
 Okay.

989
01:08:35,600 --> 01:08:36,600
 Great.

990
01:08:36,600 --> 01:08:37,600
 Thanks for clarifying.

991
01:08:37,600 --> 01:08:39,000
 I do not see any other questions.

992
01:08:39,000 --> 01:08:42,320
 Thanks to you for the presentation.

993
01:08:42,320 --> 01:08:45,640
 That concludes our work session for this evening.

994
01:08:45,640 --> 01:08:50,600
 I'll close the meeting at 514, we'll reconvene here at 630.

995
01:08:50,600 --> 01:08:58,400
 Thank you.

996
01:08:58,400 --> 01:09:01,880
 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission meeting

997
01:09:01,880 --> 01:09:05,200
 for August 4th, 2021.

998
01:09:05,200 --> 01:09:08,560
 Seeing that we have a quorum, I'll call the meeting to order at 631.

999
01:09:08,560 --> 01:09:13,360
 Please let the record show that Commissioner Anderson is not with us this evening.

1000
01:09:13,360 --> 01:09:16,800
 The first item of business is to stand and provide a pledge of allegiance to the U.S.

1001
01:09:16,800 --> 01:09:17,800
 and Texas flag.

1002
01:09:17,800 --> 01:09:25,800
 I pledge allegiance to the flag of the United States of America, and to the Republic for

1003
01:09:25,800 --> 01:09:35,660
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

1004
01:09:35,660 --> 01:09:49,640
 In honor of the Texas flag, I pledge allegiance to the Texas one state, under God, one, indivisible.

1005
01:09:49,640 --> 01:09:56,240
 The next item of business is a consideration for our minutes from July 14th, 2021.

1006
01:09:56,240 --> 01:10:00,040
 Commissioner Smith?

1007
01:10:00,040 --> 01:10:02,960
 We have a first for approval.

1008
01:10:02,960 --> 01:10:03,960
 Commissioner Ellis?

1009
01:10:03,960 --> 01:10:04,960
 Second.

1010
01:10:04,960 --> 01:10:08,240
 We have a second for approval.

1011
01:10:08,240 --> 01:10:10,360
 Is there any discussion on the item?

1012
01:10:10,360 --> 01:10:11,360
 Okay.

1013
01:10:11,360 --> 01:10:22,560
 Seeing none, I'll call for a vote on the board if possible this evening.

1014
01:10:22,560 --> 01:10:39,680
 Can we do it on the board or by hand tonight?

1015
01:10:39,680 --> 01:10:41,680
 Commissioner Ellis, can you hit second?

1016
01:10:41,680 --> 01:10:42,680
 Okay.

1017
01:10:42,680 --> 01:10:50,880
 I think we're ready for a vote.

1018
01:10:50,880 --> 01:11:03,400
 Here we go.

1019
01:11:03,400 --> 01:11:04,400
 Motion carries 6-0.

1020
01:11:04,400 --> 01:11:07,400
 I see Scott down here.

1021
01:11:07,400 --> 01:11:19,520
 Mr. Chair, by the way, could you please come down here and join me?

1022
01:11:19,520 --> 01:11:36,860
 I'm Scott Downer, Director of Development Services for the City of Denton, and I'm here

1023
01:11:36,860 --> 01:11:37,860
 this evening to recognize our Chair, Mr. Andrew Rosell.

1024
01:11:37,860 --> 01:11:38,860
 Sadly, this will be Mr. Rosell's last and final meeting.

1025
01:11:38,860 --> 01:11:39,860
 He may be smiling about that.

1026
01:11:39,860 --> 01:11:41,320
 As far as city staff, we are not.

1027
01:11:41,320 --> 01:11:44,600
 So he's been an excellent civil servant.

1028
01:11:44,600 --> 01:11:46,440
 He has done the city well.

1029
01:11:46,440 --> 01:11:49,280
 We're very grateful to have him for the six years.

1030
01:11:49,280 --> 01:11:52,360
 Thank you for allowing us to borrow him.

1031
01:11:52,360 --> 01:11:55,480
 We're hoping in the next year or two that we'll get to borrow him some more.

1032
01:11:55,480 --> 01:12:01,280
 So just kind of paving the road or maybe grading the road, not paving it quite yet.

1033
01:12:01,280 --> 01:12:08,200
 So with that being said, I'd like to provide you with certificate of appreciation for six

1034
01:12:08,200 --> 01:12:11,280
 years serving on the Planning and Zoning Commission.

1035
01:12:11,280 --> 01:12:17,400
 Additionally, we have a coin, which is awesome sauce by the City of Denton.

1036
01:12:17,400 --> 01:12:19,440
 So with that, thank you very much.

1037
01:12:19,440 --> 01:12:27,400
 I don't know if you'd like to say anything.

1038
01:12:27,400 --> 01:12:28,400
 Thank you.

1039
01:12:28,400 --> 01:12:31,440
 I wasn't anticipating a speech or anything.

1040
01:12:31,440 --> 01:12:33,000
 It's been a pleasure and an honor to serve.

1041
01:12:33,000 --> 01:12:37,720
 I think that my service has given me a lot of insight to the city and the underworkings

1042
01:12:37,720 --> 01:12:42,360
 of how hard our city staff works to make Denton an awesome city.

1043
01:12:42,360 --> 01:12:46,800
 I'm glad to have been a piece of that as much as I could have been helpful over the last

1044
01:12:46,800 --> 01:12:47,800
 six years.

1045
01:12:47,800 --> 01:12:51,160
 I think the only thing I would say is a charge to the other commissioners to continue coming

1046
01:12:51,160 --> 01:12:56,560
 to the meetings prepared and offering good insight to help city and the staff plan and

1047
01:12:56,560 --> 01:12:57,960
 zone well.

1048
01:12:57,960 --> 01:12:58,960
 Thanks Scott.

1049
01:12:58,960 --> 01:12:59,960
 Thank you.

1050
01:12:59,960 --> 01:13:00,960
 Appreciate you.

1051
01:13:00,960 --> 01:13:24,920
 Thank you.

1052
01:13:24,920 --> 01:13:25,920
 Sorry about that.

1053
01:13:25,920 --> 01:13:29,360
 I didn't know that was happening.

1054
01:13:29,360 --> 01:13:32,760
 The next item of business this evening to progress forward will be our consent agenda

1055
01:13:32,760 --> 01:13:33,760
 item.

1056
01:13:33,760 --> 01:13:36,440
 There's only one item 3A.

1057
01:13:36,440 --> 01:13:37,440
 Commissioner Smith.

1058
01:13:37,440 --> 01:13:39,200
 Make a motion to approve.

1059
01:13:39,200 --> 01:13:40,200
 We have a first for approval.

1060
01:13:40,200 --> 01:13:41,200
 Commissioner Cole.

1061
01:13:41,200 --> 01:13:42,200
 Second.

1062
01:13:42,200 --> 01:13:45,080
 We have a first and a second for approval.

1063
01:13:45,080 --> 01:13:46,160
 Is there any discussion?

1064
01:13:46,160 --> 01:13:57,740
 Seeing none, I call for a vote on the board.

1065
01:13:57,740 --> 01:14:01,720
 I think they're at the door or Ron has one there for you.

1066
01:14:01,720 --> 01:14:04,220
 Motion carries 6-0.

1067
01:14:04,220 --> 01:14:08,400
 As a way of updating the agenda, there is an item that will not be heard tonight.

1068
01:14:08,400 --> 01:14:15,920
 So if anyone is here for item 5B, PD21-002A, that has been postponed.

1069
01:14:15,920 --> 01:14:19,640
 So there's not any action on that item tonight if you are tuning in or here for that item.

1070
01:14:19,640 --> 01:14:23,440
 I just want to let you be aware of that.

1071
01:14:23,440 --> 01:14:30,040
 The next item of business is item 4A, FP21-0005B.

1072
01:14:30,040 --> 01:14:34,160
 And I'll invite Julie Wyatt for presentation.

1073
01:14:34,160 --> 01:14:42,760
 Good evening.

1074
01:14:42,760 --> 01:14:45,320
 I'm Julie Wyatt, senior planner with the City of Denton.

1075
01:14:45,320 --> 01:14:49,200
 And this is a final plat for the Gray Wolf edition.

1076
01:14:49,200 --> 01:14:52,820
 You may remember the preliminary plat that came before you.

1077
01:14:52,820 --> 01:14:59,440
 It has -- they have addressed all of staff's comments and so we do recommend approval of

1078
01:14:59,440 --> 01:15:00,440
 this plat.

1079
01:15:00,440 --> 01:15:05,200
 It is for a four-plex development on the north side of Windsor Road within the city.

1080
01:15:05,200 --> 01:15:07,280
 And I'll be happy to answer any questions.

1081
01:15:07,280 --> 01:15:08,460
 Thank you, Julie.

1082
01:15:08,460 --> 01:15:10,120
 Any questions for Julie?

1083
01:15:10,120 --> 01:15:13,760
 I don't see any.

1084
01:15:13,760 --> 01:15:16,680
 Thank you.

1085
01:15:16,680 --> 01:15:19,320
 Commissioner Smith.

1086
01:15:19,320 --> 01:15:21,320
 Make a motion to approve.

1087
01:15:21,320 --> 01:15:22,320
 We have a first for approval.

1088
01:15:22,320 --> 01:15:23,320
 Commissioner Ellis.

1089
01:15:23,320 --> 01:15:24,320
 Second.

1090
01:15:24,320 --> 01:15:25,320
 We have a first and a second for approval.

1091
01:15:25,320 --> 01:15:26,320
 Any discussion?

1092
01:15:26,320 --> 01:15:36,100
 Seeing none, I'll call for a vote on the board.

1093
01:15:36,100 --> 01:15:38,880
 Motion carries 6-0.

1094
01:15:38,880 --> 01:15:43,240
 Next item of business is item 4B, FP21-0020.

1095
01:15:43,240 --> 01:15:52,920
 This is also Julie Wyatt's item.

1096
01:15:52,920 --> 01:15:58,160
 Okay.

1097
01:15:58,160 --> 01:16:03,220
 This is for -- this is a final plat for another four-plex development.

1098
01:16:03,220 --> 01:16:07,040
 This one is on the west side of Loop 288.

1099
01:16:07,040 --> 01:16:12,360
 At this time, they have a few more comments that they need to address regarding the requirements

1100
01:16:12,360 --> 01:16:16,840
 for the development code, and so staff does recommend denial of the request.

1101
01:16:16,840 --> 01:16:22,240
 However, they have requested an extension, and staff has no objection to that extension

1102
01:16:22,240 --> 01:16:25,640
 to the August 18th meeting, and I'll be happy to answer any questions.

1103
01:16:25,640 --> 01:16:26,640
 Great.

1104
01:16:26,640 --> 01:16:27,640
 Thanks, Julie.

1105
01:16:27,640 --> 01:16:28,640
 Any questions?

1106
01:16:28,640 --> 01:16:30,760
 I do not see any.

1107
01:16:30,760 --> 01:16:32,120
 Commissioner Smith.

1108
01:16:32,120 --> 01:16:35,660
 Make a motion to approve the extension to date certain of August 18th.

1109
01:16:35,660 --> 01:16:40,520
 We have a first for the granting of an extension -- 30-day extension to a date certain of August

1110
01:16:40,520 --> 01:16:41,520
 18th.

1111
01:16:41,520 --> 01:16:42,520
 Alice.

1112
01:16:42,520 --> 01:16:43,520
 Second.

1113
01:16:43,520 --> 01:16:44,840
 We have a first and a second.

1114
01:16:44,840 --> 01:16:45,840
 Any discussion?

1115
01:16:45,840 --> 01:16:55,040
 Seeing none, I'll call for a vote on the board.

1116
01:16:55,040 --> 01:16:56,840
 Motion carries 6-0.

1117
01:16:56,840 --> 01:17:18,120
 Next item is item 4C, PP21-0012A, and I'll invite Hailey for presentation.

1118
01:17:18,120 --> 01:17:20,620
 This is preliminary plat 2112.

1119
01:17:20,620 --> 01:17:24,960
 This is for three lots located on the south side of the I-35E service road.

1120
01:17:24,960 --> 01:17:26,840
 This is the urban logistics edition.

1121
01:17:26,840 --> 01:17:31,000
 You may recall from a recent rezoning that the intent is to develop the largest of those

1122
01:17:31,000 --> 01:17:34,720
 three lots with speculative warehouse-type buildings.

1123
01:17:34,720 --> 01:17:40,240
 At this time, there are still several outstanding items on this plat that have not been addressed.

1124
01:17:40,240 --> 01:17:44,280
 They have already had their one-time extension, so staff is recommending denial, and I'm happy

1125
01:17:44,280 --> 01:17:45,880
 to answer any questions.

1126
01:17:45,880 --> 01:17:46,880
 Great.

1127
01:17:46,880 --> 01:17:47,880
 Thanks, Hailey.

1128
01:17:47,880 --> 01:17:50,240
 I don't see any questions for you.

1129
01:17:50,240 --> 01:17:52,720
 Commissioner Smith.

1130
01:17:52,720 --> 01:17:54,800
 Make a motion to deny.

1131
01:17:54,800 --> 01:17:55,800
 We have a first for denial.

1132
01:17:55,800 --> 01:17:56,800
 Commissioner, approve it.

1133
01:17:56,800 --> 01:17:57,800
 Second.

1134
01:17:57,800 --> 01:18:00,120
 We have a first and a second for denial.

1135
01:18:00,120 --> 01:18:03,120
 Any discussion?

1136
01:18:03,120 --> 01:18:04,320
 Seeing none, I'll call for a vote on the board.

1137
01:18:04,320 --> 01:18:15,720
 Just a reminder, a vote in the affirmative is to deny.

1138
01:18:15,720 --> 01:18:17,720
 Motion carries 6-0.

1139
01:18:17,720 --> 01:18:25,880
 The next item of business is item 4DFP21-0019, and I'll invite Hailey back.

1140
01:18:25,880 --> 01:18:31,160
 All right, Julie's getting this one pulled up as well.

1141
01:18:31,160 --> 01:18:34,320
 This is a final plat for the I-35 cold storage edition.

1142
01:18:34,320 --> 01:18:38,440
 The property is located, as you can see, on the map north of Barthold Road on the west

1143
01:18:38,440 --> 01:18:40,520
 side of I-35.

1144
01:18:40,520 --> 01:18:45,400
 Since the posting of the agenda, the applicant has resolved all of the outstanding comments,

1145
01:18:45,400 --> 01:18:48,240
 so at this time, staff is able to update our recommendation to approval.

1146
01:18:48,240 --> 01:18:51,680
 And I'm happy to answer any questions.

1147
01:18:51,680 --> 01:18:53,360
 I do not see any questions.

1148
01:18:53,360 --> 01:18:56,360
 Thank you.

1149
01:18:56,360 --> 01:18:58,840
 Chair will entertain a motion.

1150
01:18:58,840 --> 01:18:59,840
 Commissioner Ellis.

1151
01:18:59,840 --> 01:19:00,840
 I move approval.

1152
01:19:00,840 --> 01:19:02,400
 We have a first for approval.

1153
01:19:02,400 --> 01:19:03,400
 Commissioner Smith.

1154
01:19:03,400 --> 01:19:04,400
 Second.

1155
01:19:04,400 --> 01:19:06,400
 We have a first and a second for approval.

1156
01:19:06,400 --> 01:19:08,760
 Any discussion?

1157
01:19:08,760 --> 01:19:15,320
 Seeing none, I'll call for a vote on the board.

1158
01:19:15,320 --> 01:19:20,000
 Motion carries 6-0.

1159
01:19:20,000 --> 01:19:26,520
 The last item for individual consideration is item 4EFP19-0023, and I'll invite Mark

1160
01:19:26,520 --> 01:19:34,680
 Laird for presentation.

1161
01:19:34,680 --> 01:19:35,680
 Good evening.

1162
01:19:35,680 --> 01:19:36,680
 My name is Mark Laird.

1163
01:19:36,680 --> 01:19:40,040
 I'm an Associate Planner of the Development Service Department.

1164
01:19:40,040 --> 01:19:44,480
 This is the final plat for CD2499 East Edition.

1165
01:19:44,480 --> 01:19:50,280
 It's a 5.77-acre track located along FM2499.

1166
01:19:50,280 --> 01:19:51,280
 Staff recommends approval.

1167
01:19:51,280 --> 01:19:53,000
 I stand for any questions.

1168
01:19:53,000 --> 01:20:03,040
 Mark, is it possible to pull up the plat for just everyone to see?

1169
01:20:03,040 --> 01:20:07,360
 It's active.

1170
01:20:07,360 --> 01:20:18,680
 Thank you.

1171
01:20:18,680 --> 01:20:23,360
 Any questions for Mark on this item?

1172
01:20:23,360 --> 01:20:24,360
 I don't see any.

1173
01:20:24,360 --> 01:20:25,360
 Thank you.

1174
01:20:25,360 --> 01:20:26,360
 Commissioner Smith.

1175
01:20:26,360 --> 01:20:28,560
 I make a motion to approve.

1176
01:20:28,560 --> 01:20:29,920
 We have a first for approval.

1177
01:20:29,920 --> 01:20:30,920
 Commissioner Cole.

1178
01:20:30,920 --> 01:20:31,920
 Second.

1179
01:20:31,920 --> 01:20:32,920
 We have a first and a second for approval.

1180
01:20:32,920 --> 01:20:35,200
 Any discussion on the item?

1181
01:20:35,200 --> 01:20:42,760
 Seeing none, I call for a vote on the board.

1182
01:20:42,760 --> 01:20:45,080
 Motion carries 6-0.

1183
01:20:45,080 --> 01:20:48,960
 The next item of business moves us to our public hearings.

1184
01:20:48,960 --> 01:20:54,520
 Again, item 5BPD21-002A is being postponed.

1185
01:20:54,520 --> 01:20:56,480
 There will be no action on that this evening.

1186
01:20:56,480 --> 01:21:01,480
 We'll begin with item 5AZ21-0009.

1187
01:21:01,480 --> 01:21:13,840
 I'll open the public hearing and invite Cameron Robertson for presentation.

1188
01:21:13,840 --> 01:21:14,840
 Good evening.

1189
01:21:14,840 --> 01:21:15,840
 My name is Cameron Robertson.

1190
01:21:15,840 --> 01:21:19,240
 I'm the historic preservation officer for the City of Denton.

1191
01:21:19,240 --> 01:21:24,880
 I will be discussing Z21-009, which is a residential zoning.

1192
01:21:24,880 --> 01:21:30,600
 So the request is for a rezoning of 2.99 acres from residential rural district to a residential

1193
01:21:30,600 --> 01:21:31,960
 one district.

1194
01:21:31,960 --> 01:21:34,680
 The subject property is currently vacant.

1195
01:21:34,680 --> 01:21:38,640
 Based off historic aerials, it is assumed that the property has not been previously

1196
01:21:38,640 --> 01:21:39,640
 developed.

1197
01:21:39,640 --> 01:21:45,200
 It is generally located on the east side of South Bonnie Bray Street, approximately 830

1198
01:21:45,200 --> 01:21:46,760
 feet north of Allred Road.

1199
01:21:46,760 --> 01:21:55,640
 It is surrounded by RR, residential 2, the ETJ, and city-owned public facilities districts.

1200
01:21:55,640 --> 01:21:58,980
 So as you can see on this map, pre-2019 zoning map.

1201
01:21:58,980 --> 01:22:02,200
 It shows the lot as RD5X.

1202
01:22:02,200 --> 01:22:08,360
 This was a placeholder when it was annexed for the city in 2010.

1203
01:22:08,360 --> 01:22:15,000
 The current zoning map shows it as RR, and the proposed zoning map shows it as R1.

1204
01:22:15,000 --> 01:22:18,720
 So we have our general approval criteria for all applications.

1205
01:22:18,720 --> 01:22:23,360
 For this presentation, I'll be focusing on points 3 and 8, and then we have our zoning

1206
01:22:23,360 --> 01:22:29,480
 criteria for approval, and I'll be focusing on 1, 6, and 7.

1207
01:22:29,480 --> 01:22:34,080
 So our Denton Plan 2030, the site is designated rural areas.

1208
01:22:34,080 --> 01:22:38,800
 So this is intended for development of one unit per five acres with farms and ranches

1209
01:22:38,800 --> 01:22:44,040
 as a predominant use, along with rural residential and commercial development.

1210
01:22:44,040 --> 01:22:48,940
 The R1 is consistent with our future land use, as it permits a very low-density housing

1211
01:22:48,940 --> 01:22:53,520
 type at a scale and character that is typically found in this area.

1212
01:22:53,520 --> 01:22:59,880
 Point A of Denton Plan 2030 states that development may include single-family homes on large lots

1213
01:22:59,880 --> 01:23:02,800
 as well as farms and ranches.

1214
01:23:02,800 --> 01:23:06,920
 So the R1 is consistent with the surrounding zoning and development pattern.

1215
01:23:06,920 --> 01:23:11,020
 The existing land use pattern along South Bonnie Bray is primarily residential.

1216
01:23:11,020 --> 01:23:15,320
 You do have residential, farming, and ranching uses, and the development pattern is expected

1217
01:23:15,320 --> 01:23:18,120
 and encouraged on the city's periphery.

1218
01:23:18,120 --> 01:23:23,040
 This rezoning would allow for the development of a single-family detached dwelling.

1219
01:23:23,040 --> 01:23:28,920
 They would be required to maintain the primarily rural scenic character found in the area with

1220
01:23:28,920 --> 01:23:32,940
 a low-profile residence on a large lot.

1221
01:23:32,940 --> 01:23:36,560
 There is no direct vehicular connection to the neighborhood to the east, except along

1222
01:23:36,560 --> 01:23:41,780
 South Bonnie Bray Street, and the development would require conformance with current site

1223
01:23:41,780 --> 01:23:46,080
 design standards, including screening and landscaping.

1224
01:23:46,080 --> 01:23:50,360
 In terms of public facilities and services, there would be one driveway connection to

1225
01:23:50,360 --> 01:23:55,060
 South Bonnie Bray Street for the proposed future single-family detached dwelling.

1226
01:23:55,060 --> 01:23:59,760
 The attendance zones are Boorman Elementary School, McMath Middle School, and Denton High

1227
01:23:59,760 --> 01:24:00,760
 School.

1228
01:24:00,760 --> 01:24:04,120
 This would generate approximately one student.

1229
01:24:04,120 --> 01:24:10,340
 The subject property is located approximately 3.9 miles from South Lakes Park, so therefore

1230
01:24:10,340 --> 01:24:14,240
 it does not meet the park department's goal of 10-minute walk to a park.

1231
01:24:14,240 --> 01:24:18,480
 However, west of the subject property, the property is owned by the city of Denton and

1232
01:24:18,480 --> 01:24:23,400
 is intended to future development as a future regional park.

1233
01:24:23,400 --> 01:24:27,280
 Public water service is available to the site.

1234
01:24:27,280 --> 01:24:31,360
 As you can see from the map shown on the screen, we do have a 24-inch water line available

1235
01:24:31,360 --> 01:24:32,600
 to them.

1236
01:24:32,600 --> 01:24:35,360
 However, wastewater service is not available.

1237
01:24:35,360 --> 01:24:39,040
 The subject property can be served by on-site septic.

1238
01:24:39,040 --> 01:24:46,520
 Also, the nearest fire station is approximately 1.4 miles away.

1239
01:24:46,520 --> 01:24:50,720
 Discussing the error in establishing the current zoning district, there was not an error in

1240
01:24:50,720 --> 01:24:52,400
 this assignment.

1241
01:24:52,400 --> 01:24:58,200
 As it transitioned during that annexation in 2010, we put in that placeholder of an

1242
01:24:58,200 --> 01:25:04,080
 RD5X, which required the same 5-acre minimum lot size as the current RR district that it

1243
01:25:04,080 --> 01:25:05,080
 zoned.

1244
01:25:05,080 --> 01:25:11,840
 However, to meet the current standards of our development code and to allow them to

1245
01:25:11,840 --> 01:25:16,520
 get plotted for a single-family detached dwelling in the future, they would have to have a smaller

1246
01:25:16,520 --> 01:25:18,080
 minimum lot size requirement.

1247
01:25:18,080 --> 01:25:22,100
 Therefore, the existing RR district is no longer appropriate.

1248
01:25:22,100 --> 01:25:23,800
 We did do public outreach.

1249
01:25:23,800 --> 01:25:26,520
 We had a newspaper ad on July 18th.

1250
01:25:26,520 --> 01:25:29,280
 We had a property posting on July 14th.

1251
01:25:29,280 --> 01:25:35,480
 We did have mail notices within the 200-foot boundary, which was sent to four people, and

1252
01:25:35,480 --> 01:25:39,520
 we had five sent within the 500-foot boundary for courtesy notices.

1253
01:25:39,520 --> 01:25:48,520
 We did have a neighbor in opposition located at 4681 South Body Bray, and the name of this

1254
01:25:48,520 --> 01:25:50,840
 neighbor is Kyle Whelan.

1255
01:25:50,840 --> 01:25:57,400
 His property is located within the 200-foot buffer area, and it occupies approximately

1256
01:25:57,400 --> 01:25:59,720
 22.34%.

1257
01:25:59,720 --> 01:26:03,440
 We did not have any in favor, and we had no one as neutral.

1258
01:26:03,440 --> 01:26:07,600
 Staff does recommend approval of the request to rezoning, as it does comply with our criteria

1259
01:26:07,600 --> 01:26:13,800
 in the DDC in sections 2.4.5E as well as 2.7.2D.

1260
01:26:13,800 --> 01:26:16,600
 I'm able to take any questions.

1261
01:26:16,600 --> 01:26:18,080
 Thanks, Cameron.

1262
01:26:18,080 --> 01:26:20,600
 Any questions at this time?

1263
01:26:20,600 --> 01:26:21,600
 I don't see any.

1264
01:26:21,600 --> 01:26:22,600
 Thank you.

1265
01:26:22,600 --> 01:26:24,000
 This is a public hearing.

1266
01:26:24,000 --> 01:26:25,360
 Anyone wishing to speak may certainly do so.

1267
01:26:25,360 --> 01:26:28,040
 I have one card for this item.

1268
01:26:28,040 --> 01:26:29,040
 Kyle Whelan.

1269
01:26:29,040 --> 01:26:30,040
 Whelan.

1270
01:26:30,040 --> 01:26:35,040
 I don't know what to do.

1271
01:26:35,040 --> 01:26:36,040
 You can come forward.

1272
01:26:36,040 --> 01:26:37,040
 You have four minutes to speak.

1273
01:26:37,040 --> 01:26:40,040
 If you'd like to give us your perspective, you can just state your name and address for

1274
01:26:40,040 --> 01:26:41,040
 the record.

1275
01:26:41,040 --> 01:26:42,040
 My name is Kyle Whelan.

1276
01:26:42,040 --> 01:26:46,400
 My address is 4681 South Body Bray, and it was up there in red, and I was watching what

1277
01:26:46,400 --> 01:26:47,400
 was going on.

1278
01:26:47,400 --> 01:26:51,800
 There's been a lot of changes out there, and I've lived out there 17 years.

1279
01:26:51,800 --> 01:26:54,880
 I looked at your aerial map of the area.

1280
01:26:54,880 --> 01:26:58,700
 There's actually a huge building out there that's about 30 by 30 that they laid the concrete

1281
01:26:58,700 --> 01:27:02,400
 for at 3 o'clock in the morning, because the lights and the sound woke me up, and y'all

1282
01:27:02,400 --> 01:27:05,360
 don't even know it's there.

1283
01:27:05,360 --> 01:27:11,560
 My fear is that if it's not going to stay like it's supposed to be, single houses, and

1284
01:27:11,560 --> 01:27:16,800
 be the rural area it's supposed to, because I do also saw in the paperwork that you sent

1285
01:27:16,800 --> 01:27:24,520
 me, I own 20% more, actually I own 33% more, to be precise, of what his lot is, and so

1286
01:27:24,520 --> 01:27:27,000
 I have a right to protest.

1287
01:27:27,000 --> 01:27:33,160
 I'm all about keeping it rural, just because there's bunnies, there's all kinds of wildlife,

1288
01:27:33,160 --> 01:27:39,480
 and there's goats next door, and just things like that.

1289
01:27:39,480 --> 01:27:47,480
 I just don't see changing to let it have more than one house on that lot, because there's

1290
01:27:47,480 --> 01:27:53,760
 been way too many people breaking the rules out there, and it needs to stop.

1291
01:27:53,760 --> 01:28:00,120
 That's why I oppose it, just because I'm used to living out rural, as it goes, and I just

1292
01:28:00,120 --> 01:28:03,280
 wanted to come forward and have my chance to say what I wanted to say.

1293
01:28:03,280 --> 01:28:04,280
 Absolutely.

1294
01:28:04,280 --> 01:28:05,280
 We appreciate you being here.

1295
01:28:05,280 --> 01:28:06,280
 You have a great day.

1296
01:28:06,280 --> 01:28:07,280
 Thank you very much.

1297
01:28:07,280 --> 01:28:16,880
 Cameron, can I just ask, on the R1 zoning, given the size of the lot, what is the number

1298
01:28:16,880 --> 01:28:19,600
 of units that can be put on that lot?

1299
01:28:19,600 --> 01:28:25,680
 Technically, the lot could be split into two lots, however, if they were to do septic and

1300
01:28:25,680 --> 01:28:31,360
 well together, that would require a total of two acres, so the lot wouldn't be able

1301
01:28:31,360 --> 01:28:32,360
 to be split.

1302
01:28:32,360 --> 01:28:38,840
 However, they connected to the water line across the street and just did septic on site,

1303
01:28:38,840 --> 01:28:42,560
 that only requires one acre, so then it would be able to be split into two lots.

1304
01:28:42,560 --> 01:28:47,600
 Do you have any insight on the property owner's plans to replat or anything?

1305
01:28:47,600 --> 01:28:48,680
 I do not.

1306
01:28:48,680 --> 01:28:51,760
 The property owner is here if you do have questions for them.

1307
01:28:51,760 --> 01:28:52,760
 Great.

1308
01:28:52,760 --> 01:28:55,040
 I'm sure they'd be happy to answer that for you.

1309
01:28:55,040 --> 01:28:56,040
 Awesome.

1310
01:28:56,040 --> 01:29:01,320
 Just so people tuning in on TV, we've got to mic you up.

1311
01:29:01,320 --> 01:29:07,320
 To clarify, the huge building is not on my property that he was speaking of.

1312
01:29:07,320 --> 01:29:08,960
 Can you just say your name and address?

1313
01:29:08,960 --> 01:29:10,800
 Peter Reese, Zero Body Bray.

1314
01:29:10,800 --> 01:29:16,000
 As of now, we have no plans to build anything besides one house.

1315
01:29:16,000 --> 01:29:21,120
 We did have a plat that was filed prior to zoning to find out you can't file a plat until

1316
01:29:21,120 --> 01:29:28,240
 you have the zoning done, so as of now, there's only plans to build one single family home.

1317
01:29:28,240 --> 01:29:29,680
 We didn't create a new track.

1318
01:29:29,680 --> 01:29:34,960
 This is an existing track, so we're not doing anything besides trying to comply with the

1319
01:29:34,960 --> 01:29:37,320
 new city requirements for zoning.

1320
01:29:37,320 --> 01:29:38,320
 Understood.

1321
01:29:38,320 --> 01:29:39,320
 I appreciate you being here.

1322
01:29:39,320 --> 01:29:40,320
 Thank you.

1323
01:29:40,320 --> 01:29:41,320
 Thank you.

1324
01:29:41,320 --> 01:29:42,320
 Commissioner Smith?

1325
01:29:42,320 --> 01:29:43,320
 Thank you, Chair.

1326
01:29:43,320 --> 01:29:44,320
 Mr. Reese, correct?

1327
01:29:44,320 --> 01:29:45,320
 Yes.

1328
01:29:45,320 --> 01:29:48,120
 There's not a 30 by 30 concrete pad out there?

1329
01:29:48,120 --> 01:29:49,120
 Not on my property.

1330
01:29:49,120 --> 01:29:50,120
 No.

1331
01:29:50,120 --> 01:29:51,120
 Just didn't know.

1332
01:29:51,120 --> 01:29:56,360
 I think he's speaking of a property to the north of us.

1333
01:29:56,360 --> 01:29:57,360
 Not my property, no.

1334
01:29:57,360 --> 01:29:58,360
 Okay.

1335
01:29:58,360 --> 01:29:59,360
 Thank you.

1336
01:29:59,360 --> 01:30:00,360
 Yes, sir.

1337
01:30:00,360 --> 01:30:01,360
 Commissioner Ellis?

1338
01:30:01,360 --> 01:30:02,360
 Thank you, Chair.

1339
01:30:02,360 --> 01:30:03,360
 You know what?

1340
01:30:03,360 --> 01:30:04,360
 This is for Cameron.

1341
01:30:04,360 --> 01:30:05,360
 Oh, perfect.

1342
01:30:05,360 --> 01:30:06,360
 I think we're good.

1343
01:30:06,360 --> 01:30:07,360
 Thank you.

1344
01:30:07,360 --> 01:30:08,360
 Thank you very much.

1345
01:30:08,360 --> 01:30:15,920
 Heather, so just to clarify, by changing this from RR to R1, it doesn't invite any new

1346
01:30:15,920 --> 01:30:16,920
 uses?

1347
01:30:16,920 --> 01:30:17,920
 Correct.

1348
01:30:17,920 --> 01:30:18,920
 Yes.

1349
01:30:18,920 --> 01:30:19,920
 Different than what is already there?

1350
01:30:19,920 --> 01:30:20,920
 Correct.

1351
01:30:20,920 --> 01:30:21,920
 It would just be single family residential.

1352
01:30:21,920 --> 01:30:25,520
 And they would be allowed to build since RR doesn't really apply since they're less than

1353
01:30:25,520 --> 01:30:26,520
 five acres?

1354
01:30:26,520 --> 01:30:27,520
 Correct.

1355
01:30:27,520 --> 01:30:28,520
 Okay.

1356
01:30:28,520 --> 01:30:29,520
 Thank you.

1357
01:30:29,520 --> 01:30:30,520
 You're welcome.

1358
01:30:30,520 --> 01:30:31,520
 Great.

1359
01:30:31,520 --> 01:30:32,520
 Thank you.

1360
01:30:32,520 --> 01:30:33,520
 This is a public item.

1361
01:30:33,520 --> 01:30:38,480
 Anyone wishing to speak may certainly do so.

1362
01:30:38,480 --> 01:30:39,480
 Okay.

1363
01:30:39,480 --> 01:30:42,640
 Seeing none, I will close the public hearing just to confirm real fast.

1364
01:30:42,640 --> 01:30:45,340
 Stuart, there's no one wishing to speak on the phone.

1365
01:30:45,340 --> 01:30:46,340
 Is there?

1366
01:30:46,340 --> 01:30:47,340
 Correct.

1367
01:30:47,340 --> 01:30:48,720
 There are no callers for this item.

1368
01:30:48,720 --> 01:30:49,720
 Perfect.

1369
01:30:49,720 --> 01:30:50,720
 Thanks, Stuart.

1370
01:30:50,720 --> 01:30:51,720
 Commissioner Smith?

1371
01:30:51,720 --> 01:30:53,960
 Make a motion to approve.

1372
01:30:53,960 --> 01:30:55,240
 We have a first for approval.

1373
01:30:55,240 --> 01:30:56,240
 Commissioner Ellis?

1374
01:30:56,240 --> 01:30:57,240
 Second.

1375
01:30:57,240 --> 01:30:59,100
 We have a first and a second for approval.

1376
01:30:59,100 --> 01:31:00,100
 Any discussion?

1377
01:31:00,100 --> 01:31:03,480
 Seeing none, I call for a vote on the board.

1378
01:31:03,480 --> 01:31:11,440
 Motion carries six zero.

1379
01:31:11,440 --> 01:31:17,400
 Again, there's no action on item B this evening, which moves us to our last public hearing

1380
01:31:17,400 --> 01:31:22,080
 item 5C-S21-0004.

1381
01:31:22,080 --> 01:31:41,480
 We now invite Haley Zygurski for presentation and open the public hearing.

1382
01:31:41,480 --> 01:31:42,600
 Good evening.

1383
01:31:42,600 --> 01:31:49,200
 This is item S21-4, Millennium Crest Multifamily.

1384
01:31:49,200 --> 01:31:54,500
 The request before you this evening is a specific use permit associated only with an increase

1385
01:31:54,500 --> 01:31:57,480
 in building height to a maximum of 60 feet.

1386
01:31:57,480 --> 01:32:02,180
 We will look a little more closely at what that height would look like in a moment.

1387
01:32:02,180 --> 01:32:04,000
 Some background on the site.

1388
01:32:04,000 --> 01:32:07,520
 It is outlined in yellow on the aerial map on your screen here, so you can see it is

1389
01:32:07,520 --> 01:32:11,080
 located just off of the South I-35E ramp.

1390
01:32:11,080 --> 01:32:13,840
 The site is a total of 7.6 acres.

1391
01:32:13,840 --> 01:32:19,960
 The proposal before you this evening includes on their site plan a multifamily development

1392
01:32:19,960 --> 01:32:26,320
 located on 6.2 acres on the western portion of the site, with 1.4 acres roughly located

1393
01:32:26,320 --> 01:32:29,440
 on the eastern side that would be reserved for future commercial, and we'll look at that

1394
01:32:29,440 --> 01:32:32,920
 site plan a little more closely in a moment.

1395
01:32:32,920 --> 01:32:36,480
 This property is zone mixed use neighborhood, or MN.

1396
01:32:36,480 --> 01:32:39,880
 Within that district, the multifamily use is permitted by right, so as I mentioned,

1397
01:32:39,880 --> 01:32:45,200
 the SUP, although we would typically see it associated with use, is not in this instance.

1398
01:32:45,200 --> 01:32:50,560
 The MN district requires a specific use permit for buildings that go over 40 feet in height.

1399
01:32:50,560 --> 01:32:56,360
 The district allows up to 65 feet in total height, but anything between 41 and 65 requires

1400
01:32:56,360 --> 01:33:02,760
 that SUP, and in this case, as I mentioned, they are requesting a maximum of 60.

1401
01:33:02,760 --> 01:33:06,040
 Just to give you a little more background on how building height is measured in the

1402
01:33:06,040 --> 01:33:11,560
 CDC, this diagram is from subchapter 9 in our definitions, which defines that building

1403
01:33:11,560 --> 01:33:15,080
 height is measured as the vertical distance above finished grade to the highest point

1404
01:33:15,080 --> 01:33:16,520
 of a flat roof.

1405
01:33:16,520 --> 01:33:19,800
 That does exclude parapets, and as you can see in the diagram, that finished grade is

1406
01:33:19,800 --> 01:33:24,240
 typically measured at the midpoint of each wall on sites where we have significant grade

1407
01:33:24,240 --> 01:33:25,240
 changes.

1408
01:33:25,240 --> 01:33:31,200
 This screenshot here just shows the topography as is best estimated on our GIS system.

1409
01:33:31,200 --> 01:33:34,760
 There is roughly about 30 feet of grade change when you look at the entire site.

1410
01:33:34,760 --> 01:33:41,120
 It goes from a low point here on the south side that is about 654 feet in elevation with

1411
01:33:41,120 --> 01:33:47,440
 points that go up to roughly 680 feet in elevation on the north sides.

1412
01:33:47,440 --> 01:33:50,800
 Looking at their building plans that were provided in your backup, this is the northern

1413
01:33:50,800 --> 01:33:54,480
 elevation of the building where the highest point would occur.

1414
01:33:54,480 --> 01:33:59,800
 That is here at the leasing office, which you can see I have circled in red on the screen.

1415
01:33:59,800 --> 01:34:03,640
 The structure height of the building as indicated on their plans is roughly 54 feet 8 inches.

1416
01:34:03,640 --> 01:34:06,000
 That would be from foundation to rooftop.

1417
01:34:06,000 --> 01:34:10,200
 Again, it excludes parapets that are on the building, but there are actually not any shown

1418
01:34:10,200 --> 01:34:13,000
 on this portion of the building.

1419
01:34:13,000 --> 01:34:16,600
 When you take into account the grade changes on the site, looking at it from average grade,

1420
01:34:16,600 --> 01:34:19,280
 they would be at about 58 feet in height.

1421
01:34:19,280 --> 01:34:24,160
 The applicant has requested, as I said, a maximum of 60 feet because they are requesting

1422
01:34:24,160 --> 01:34:28,320
 a little bit of flexibility be given because of that significant topography changes.

1423
01:34:28,320 --> 01:34:30,720
 They have not done final grading plans for the site yet.

1424
01:34:30,720 --> 01:34:34,160
 That would come with their civil engineering, so they expect that they might need a little

1425
01:34:34,160 --> 01:34:36,320
 bit of wiggle room, but not more than a couple of feet.

1426
01:34:36,320 --> 01:34:42,320
 So again, that is the reason for the maximum height of 60 rather than a specific number.

1427
01:34:42,320 --> 01:34:46,960
 This is just a look at the south side of the building, which is not quite as tall as what

1428
01:34:46,960 --> 01:34:48,320
 we saw there with the leasing office.

1429
01:34:48,320 --> 01:34:53,480
 The plans reflect height around 48 feet 7 inches on the south side of the building when

1430
01:34:53,480 --> 01:34:55,440
 you measure to the rooftop.

1431
01:34:55,440 --> 01:35:00,520
 This is just a look at the renderings that were provided by the applicant.

1432
01:35:00,520 --> 01:35:04,880
 This perspective here is looking when you are internal to the site at that leasing office

1433
01:35:04,880 --> 01:35:06,880
 portion that we just saw.

1434
01:35:06,880 --> 01:35:11,940
 This is their rendering looking from the south side where we have a single family subdivision

1435
01:35:11,940 --> 01:35:18,760
 to the south looking at the site, and again just another perspective from inside the site.

1436
01:35:18,760 --> 01:35:20,880
 All of the general criteria were outlined in your backup.

1437
01:35:20,880 --> 01:35:22,880
 I will not go through those all here.

1438
01:35:22,880 --> 01:35:28,320
 I will, however, go through these six criteria specific to SUPs so that we can see some more

1439
01:35:28,320 --> 01:35:30,680
 detail about the site.

1440
01:35:30,680 --> 01:35:35,040
 Starting with our comprehensive plan, this property is located in the regional mixed

1441
01:35:35,040 --> 01:35:37,080
 use land use area.

1442
01:35:37,080 --> 01:35:39,200
 That is what is shown in pink on the map.

1443
01:35:39,200 --> 01:35:42,640
 If you were to zoom out and look at the entire city, you would see that this is a designation

1444
01:35:42,640 --> 01:35:45,720
 applied along major corridors throughout the city.

1445
01:35:45,720 --> 01:35:50,120
 So along I-35, we see a large amount of this land use designation.

1446
01:35:50,120 --> 01:35:56,880
 It is where we would expect to find higher intensity commercial and residential type uses,

1447
01:35:56,880 --> 01:36:01,520
 so things such as our hospital campuses, large shopping areas such as the mall and Razor Ranch,

1448
01:36:01,520 --> 01:36:07,240
 as well as moderate to high density residential are all expected uses within this area.

1449
01:36:07,240 --> 01:36:11,400
 So again, as I mentioned, the multifamily use is permitted by right in this district.

1450
01:36:11,400 --> 01:36:16,060
 It is also an expected use within this future land use designation, and multi-story residential

1451
01:36:16,060 --> 01:36:20,000
 development is something that we do see pretty frequently along our I-35 corridor.

1452
01:36:20,000 --> 01:36:23,880
 It is also consistent with the description for this land use designation and the comprehensive

1453
01:36:23,880 --> 01:36:25,040
 plan.

1454
01:36:25,040 --> 01:36:29,520
 The requested building height does allow for a more compact building footprint that achieves

1455
01:36:29,520 --> 01:36:33,800
 greater buffering on site, so that is also consistent with the goals of our comprehensive

1456
01:36:33,800 --> 01:36:37,940
 plan to be sensitive to the natural environment.

1457
01:36:37,940 --> 01:36:42,800
 Looking at compatibility with the surrounding area, this is a screenshot of their landscape

1458
01:36:42,800 --> 01:36:47,520
 plan for the proposed project, so some things I wanted to point out, key features of the

1459
01:36:47,520 --> 01:36:48,520
 site.

1460
01:36:48,520 --> 01:36:50,840
 The building is here in the center of the site.

1461
01:36:50,840 --> 01:36:54,760
 The dark green shading areas are areas where they are proposing new landscaping along their

1462
01:36:54,760 --> 01:36:58,880
 northern site as a buffer to the commercial use, and then around the perimeter of the

1463
01:36:58,880 --> 01:37:00,120
 building.

1464
01:37:00,120 --> 01:37:04,760
 They do have, as I mentioned again, pretty significant topography, so the drainage goes

1465
01:37:04,760 --> 01:37:08,080
 a couple of different directions on site, so just looking at those.

1466
01:37:08,080 --> 01:37:13,040
 What you see here in this courtyard is a retention pond that they propose to amenitize with some

1467
01:37:13,040 --> 01:37:16,000
 decks to make that a feature for the residents to enjoy.

1468
01:37:16,000 --> 01:37:20,400
 There's underground detention within the fire lane that that drains to, and then here on

1469
01:37:20,400 --> 01:37:26,280
 that future retail lot, there is an above ground detention pond proposed, and then tree

1470
01:37:26,280 --> 01:37:30,600
 preservation is proposed in these areas, shaded light green and blue on this screen, with

1471
01:37:30,600 --> 01:37:35,640
 the colors differentiating the multifamily lot versus the proposed retail.

1472
01:37:35,640 --> 01:37:39,640
 As I mentioned, they are proposing a significant buffer here that we'll look at in a little

1473
01:37:39,640 --> 01:37:42,840
 more detail in just a moment.

1474
01:37:42,840 --> 01:37:47,600
 Again, with reference to compatibility with the surrounding area, one of the key concerns

1475
01:37:47,600 --> 01:37:50,840
 that was heard from the neighbors, of course, was the visual impacts.

1476
01:37:50,840 --> 01:37:55,000
 The applicant did do some line of site studies from the surrounding neighborhood to show

1477
01:37:55,000 --> 01:37:59,340
 what this could be expected to look like, so those are shown here on the screen, looking

1478
01:37:59,340 --> 01:38:03,880
 from the rear yards of some of those adjacent homes, showing that with the height of those

1479
01:38:03,880 --> 01:38:07,640
 existing trees, it is expected there would be significant screening.

1480
01:38:07,640 --> 01:38:10,840
 Just to provide you some additional details, I did pull the most recent imagery I could

1481
01:38:10,840 --> 01:38:15,480
 find of the site, so you could see that tree canopy in a little more detail.

1482
01:38:15,480 --> 01:38:19,640
 Trees were taken in winter, so there is some foliage missing, of course, but you can see

1483
01:38:19,640 --> 01:38:24,760
 it's still a pretty significant canopy on the site.

1484
01:38:24,760 --> 01:38:28,560
 One of our other criteria is whether it would minimize impact on future development in the

1485
01:38:28,560 --> 01:38:31,520
 area and whether it would comply with the DDC.

1486
01:38:31,520 --> 01:38:35,480
 So again, if we look at the aerial, the only undeveloped parcels in this area are those

1487
01:38:35,480 --> 01:38:37,560
 out parcels at Bucky's.

1488
01:38:37,560 --> 01:38:42,200
 It's not expected that this proposed use or height increase would have any impact on the

1489
01:38:42,200 --> 01:38:46,120
 development of those properties, as they have a similar zoning.

1490
01:38:46,120 --> 01:38:51,220
 And then the applicant did provide full site plan and landscape plan with this proposal

1491
01:38:51,220 --> 01:38:55,500
 to show that they can meet the development code requirements for site design, landscaping,

1492
01:38:55,500 --> 01:39:00,080
 tree preservation, and those sorts of things.

1493
01:39:00,080 --> 01:39:04,440
 With respect to mitigating negative impacts, which is another of our criteria for approval,

1494
01:39:04,440 --> 01:39:09,080
 I wanted to take a moment just to discuss one of the standards in our DDC that applies

1495
01:39:09,080 --> 01:39:14,040
 to this site and any development within the City of Denton where we have uses of budding

1496
01:39:14,040 --> 01:39:16,000
 single-family zoning.

1497
01:39:16,000 --> 01:39:21,240
 So the properties to the south are zoned Residential 3, because this is a non-residential district.

1498
01:39:21,240 --> 01:39:23,120
 It's our mixed-use district.

1499
01:39:23,120 --> 01:39:27,280
 They do have to comply with this section that requires a stepping back of building height

1500
01:39:27,280 --> 01:39:29,220
 for compatibility purposes.

1501
01:39:29,220 --> 01:39:34,240
 So within the first 50 feet of a site adjacent to a residential, as you can see on this diagram,

1502
01:39:34,240 --> 01:39:37,960
 the building height is restricted to the maximum height within the single-family district.

1503
01:39:37,960 --> 01:39:41,860
 In that case, if they had any portions of their building within that 50-foot zone, they'd

1504
01:39:41,860 --> 01:39:44,080
 be restricted to 40 feet.

1505
01:39:44,080 --> 01:39:48,480
 As you move further interior to the site, portions of the building between 50 feet and

1506
01:39:48,480 --> 01:39:53,060
 100 feet can have an additional 15 feet of height, so that would have put them at 55.

1507
01:39:53,060 --> 01:39:56,480
 And then anything beyond 100 is allowed to go up to the maximum height for the zoning

1508
01:39:56,480 --> 01:39:57,960
 of the subject property.

1509
01:39:57,960 --> 01:40:03,600
 In this case, that is at 65 feet, but again, the heights above 40 require an SUP, so we

1510
01:40:03,600 --> 01:40:07,540
 have that additional level of scrutiny on top of this protection.

1511
01:40:07,540 --> 01:40:11,480
 Just to show you here, the red line on the screen is a 100-foot setback from their south

1512
01:40:11,480 --> 01:40:12,480
 property line.

1513
01:40:12,480 --> 01:40:15,280
 They have no portions of their building beyond that.

1514
01:40:15,280 --> 01:40:23,160
 So that is the reason that their entire building is proposed above that 55-foot limit.

1515
01:40:23,160 --> 01:40:26,600
 Looking at their site design in a little more detail, some things I wanted to point out

1516
01:40:26,600 --> 01:40:27,600
 to you all.

1517
01:40:27,600 --> 01:40:33,640
 This is a four-story building proposed with 234 units, as opposed to how we sometimes

1518
01:40:33,640 --> 01:40:37,680
 see multifamily in a sprawling more garden apartment style.

1519
01:40:37,680 --> 01:40:41,000
 This is a more compact footprint proposed.

1520
01:40:41,000 --> 01:40:45,840
 The majority of their parking, all but 12 spaces needed for the multifamily, are proposed

1521
01:40:45,840 --> 01:40:49,640
 in a wrapped parking garage that would be located in the central portion of the building.

1522
01:40:49,640 --> 01:40:54,720
 Again, as I mentioned earlier, they've done some things that we typically don't see with

1523
01:40:54,720 --> 01:40:59,640
 multifamily to achieve that more compact design by putting the retention within their courtyard,

1524
01:40:59,640 --> 01:41:02,120
 having underground detention under their fire lane.

1525
01:41:02,120 --> 01:41:06,200
 So just some more unique features we typically don't see with this type of product that help

1526
01:41:06,200 --> 01:41:11,400
 give this a more compact footprint that have assisted with the ability to meet minimum

1527
01:41:11,400 --> 01:41:14,200
 tree preservation and buffer to their neighbors.

1528
01:41:14,200 --> 01:41:18,200
 So looking at those green areas that I mentioned earlier where they have tree preservation

1529
01:41:18,200 --> 01:41:20,520
 on the south and west sides.

1530
01:41:20,520 --> 01:41:25,320
 On the southern side, this buffer averages about 65 feet deep.

1531
01:41:25,320 --> 01:41:31,480
 They are proposing within the first 20 feet or so of that, kind of a meandering trail.

1532
01:41:31,480 --> 01:41:36,200
 They're proposing butterfly gardens and benches with some educational signage related to the

1533
01:41:36,200 --> 01:41:40,040
 butterfly gardens along there as a residential amenity.

1534
01:41:40,040 --> 01:41:44,760
 On the west side, they're proposing what is on average about 83 feet deep with a tree

1535
01:41:44,760 --> 01:41:46,140
 preservation there.

1536
01:41:46,140 --> 01:41:49,360
 They are proposing a dog park within that, so some of the understory and brush would be

1537
01:41:49,360 --> 01:41:52,280
 cleared from that area to allow for that dog park.

1538
01:41:52,280 --> 01:41:56,200
 And then along the perimeter of the site, they are proposing fencing.

1539
01:41:56,200 --> 01:42:00,160
 Their plans reflect ornamental metal fencing on the western perimeter and wooden fencing

1540
01:42:00,160 --> 01:42:02,920
 at eight feet in height on the southern perimeter.

1541
01:42:02,920 --> 01:42:07,380
 And they are, as I mentioned, meeting and exceeding the minimum landscape and tree canopy

1542
01:42:07,380 --> 01:42:10,840
 requirements for the city.

1543
01:42:10,840 --> 01:42:14,960
 The final criteria is provision of public facilities.

1544
01:42:14,960 --> 01:42:19,960
 So related to transportation, we would typically see a TIA for a development like this.

1545
01:42:19,960 --> 01:42:23,320
 That was not required in this case because there are no perimeter street improvements

1546
01:42:23,320 --> 01:42:25,040
 that could be required of them.

1547
01:42:25,040 --> 01:42:31,240
 Their only access point is off of IA 35, and when TxDOT most recently widened and improved

1548
01:42:31,240 --> 01:42:38,800
 the frontage roads in this area, they installed a right-turn deceleration lane into this driveway

1549
01:42:38,800 --> 01:42:44,440
 that would be required for this site, as well as installed the driveway improvements to

1550
01:42:44,440 --> 01:42:50,780
 make sure that this is a right-in, right-out only turning maneuvers at this location.

1551
01:42:50,780 --> 01:42:55,480
 With respect to water and wastewater utilities, those are available stubbed to multiple points

1552
01:42:55,480 --> 01:42:56,480
 around the site.

1553
01:42:56,480 --> 01:42:58,960
 There is adequate capacity to serve this development.

1554
01:42:58,960 --> 01:43:02,360
 And the site is located within the eight-minute or less response time boundary for two of

1555
01:43:02,360 --> 01:43:08,120
 our fire stations, fire stations eight and six, which are shown eight here on the north

1556
01:43:08,120 --> 01:43:13,080
 side of the screen and six here on the south side.

1557
01:43:13,080 --> 01:43:16,920
 Public outreach was conducted in accordance with state law and the Denton Development Code.

1558
01:43:16,920 --> 01:43:21,880
 You've received 11 responses as of the beginning of our work session today.

1559
01:43:21,880 --> 01:43:25,200
 Some of those came in after the agenda posting and were emailed directly to you all this

1560
01:43:25,200 --> 01:43:26,440
 afternoon.

1561
01:43:26,440 --> 01:43:30,000
 So far, we are at 9.79% opposition to the project.

1562
01:43:30,000 --> 01:43:33,520
 The applicant did hold two neighborhood meetings, one in March, one in July.

1563
01:43:33,520 --> 01:43:37,640
 Those were both virtual, and they provided summaries of those that are in your backup.

1564
01:43:37,640 --> 01:43:41,280
 And the applicant is also here if you have any questions regarding the outcomes of those

1565
01:43:41,280 --> 01:43:43,400
 meetings.

1566
01:43:43,400 --> 01:43:46,560
 And finally, staff is recommending approval with several conditions.

1567
01:43:46,560 --> 01:43:51,620
 These are conditions typical of any specific use permit in the City of Denton as we tie

1568
01:43:51,620 --> 01:43:55,040
 the site plan, landscape plan, and elevations that are shown to you all to that ordinance

1569
01:43:55,040 --> 01:43:57,180
 to ensure future compliance.

1570
01:43:57,180 --> 01:44:03,060
 So the first criteria, again, relates to those plans becoming a part of their ordinance,

1571
01:44:03,060 --> 01:44:07,480
 then being tied to that with the ability for some minor alterations, minor meaning things

1572
01:44:07,480 --> 01:44:11,920
 like individual plant locations shown on that landscape plan could be adjusted if something

1573
01:44:11,920 --> 01:44:17,320
 comes up during civil engineering plan review that would cause a need for, you know, relocating

1574
01:44:17,320 --> 01:44:21,360
 or changing the species of a tree, for example.

1575
01:44:21,360 --> 01:44:26,440
 Criterion two is, again, related to very limited administrative approval being authorized.

1576
01:44:26,440 --> 01:44:30,960
 Anything beyond that would require the SUP to come back before the P&Z in council.

1577
01:44:30,960 --> 01:44:34,240
 Those limited administrative approvals are outlined in criteria three.

1578
01:44:34,240 --> 01:44:37,520
 Again, there were a couple of typographical errors in my staff report.

1579
01:44:37,520 --> 01:44:40,640
 I've corrected those here on the screen, and those have been updated in the draft ordinance

1580
01:44:40,640 --> 01:44:43,220
 that would go to council.

1581
01:44:43,220 --> 01:44:47,220
 So this is just enumerating those standards that are shown on their proposed plan, again,

1582
01:44:47,220 --> 01:44:50,000
 so that they would be held to the specific design.

1583
01:44:50,000 --> 01:44:55,000
 So that includes the building, total building area of 208,000 square feet, the number of

1584
01:44:55,000 --> 01:45:01,120
 units at 234, the 383 parking spaces reflected on their plan, the building coverage, which

1585
01:45:01,120 --> 01:45:06,240
 is approximately 29.1 percent, and again, that maximum building height of 60 feet.

1586
01:45:06,240 --> 01:45:09,900
 And then the final condition is simply to have our zoning map updated to reflect that

1587
01:45:09,900 --> 01:45:14,120
 there is a specific use permit approved on this property as required by the DDC.

1588
01:45:14,120 --> 01:45:19,360
 And with that, I am happy to stand for any questions, and the applicant also has a presentation.

1589
01:45:19,360 --> 01:45:20,360
 Great.

1590
01:45:20,360 --> 01:45:25,280
 Thank you, Haley.

1591
01:45:25,280 --> 01:45:26,280
 Screen switching back.

1592
01:45:26,280 --> 01:45:27,280
 Commissioner Smith.

1593
01:45:27,280 --> 01:45:28,840
 Thank you, Chair.

1594
01:45:28,840 --> 01:45:34,320
 Haley, any rough idea what the landscape area would be reduced back to?

1595
01:45:34,320 --> 01:45:39,480
 Would it be all the way back to minimum, you think, if it was kept at 40 foot and built

1596
01:45:39,480 --> 01:45:45,000
 by right with the same amount of units or the max amount of units based off of lot coverage?

1597
01:45:45,000 --> 01:45:46,560
 I would expect it would be less.

1598
01:45:46,560 --> 01:45:50,160
 I have not seen an analysis of what this site would look like developed at 40 feet.

1599
01:45:50,160 --> 01:45:54,280
 I don't know that they could achieve anywhere near the same number of units or achieve the

1600
01:45:54,280 --> 01:45:55,960
 parking required for those units.

1601
01:45:55,960 --> 01:45:59,160
 It would definitely impact the landscaping piece as well, correct?

1602
01:45:59,160 --> 01:46:00,160
 Yes.

1603
01:46:00,160 --> 01:46:05,240
 I would say probably tree canopy would be reduced to the minimum, and similarly, landscaping

1604
01:46:05,240 --> 01:46:07,640
 area would have to be reduced to accommodate that design.

1605
01:46:07,640 --> 01:46:08,640
 Okay.

1606
01:46:08,640 --> 01:46:09,640
 Thank you.

1607
01:46:09,640 --> 01:46:10,720
 Last question on that.

1608
01:46:10,720 --> 01:46:17,680
 Can you put back up the rendering of the building itself and talking about the setbacks and

1609
01:46:17,680 --> 01:46:26,320
 the buffers there, and the one before, sorry, yeah, right there, perfect.

1610
01:46:26,320 --> 01:46:31,640
 The landscaping pieces there, the green section that's right there inside the white, and then

1611
01:46:31,640 --> 01:46:36,480
 all of the tree canopy on the outside there, that's all that's counting as landscaping,

1612
01:46:36,480 --> 01:46:41,560
 and then other landscaping that is counting as tree canopy as well of what is trees, correct?

1613
01:46:41,560 --> 01:46:42,560
 Correct.

1614
01:46:42,560 --> 01:46:45,560
 So there's two different requirements at play, three technically.

1615
01:46:45,560 --> 01:46:50,600
 So landscape area is essentially anything onsite that is like mulched grass cover, natural

1616
01:46:50,600 --> 01:46:54,260
 coverage essentially that would allow water infiltration.

1617
01:46:54,260 --> 01:46:58,400
 We also have a requirement for overall tree canopy area that is separate from our tree

1618
01:46:58,400 --> 01:47:01,040
 preservation requirement.

1619
01:47:01,040 --> 01:47:05,000
 Preserved trees can count towards the overall site canopy, but that site canopy includes

1620
01:47:05,000 --> 01:47:08,720
 new plantings plus preservation, and they're meeting all of those.

1621
01:47:08,720 --> 01:47:13,200
 More than anything else is just seeing that image and seeing the green and basically the

1622
01:47:13,200 --> 01:47:18,040
 orientation of that towards the neighborhood and how much of the landscaping is focused

1623
01:47:18,040 --> 01:47:21,760
 on the outside of the property and that all of the building is faced on that north side

1624
01:47:21,760 --> 01:47:25,480
 that's up against the commercial property north of it.

1625
01:47:25,480 --> 01:47:26,640
 So okay, got it.

1626
01:47:26,640 --> 01:47:27,640
 That's all I was trying to clarify.

1627
01:47:27,640 --> 01:47:28,640
 Thank you.

1628
01:47:28,640 --> 01:47:31,320
 Any other questions for Haley?

1629
01:47:31,320 --> 01:47:33,000
 Commissioner Pruitt?

1630
01:47:33,000 --> 01:47:38,560
 Yeah, maybe I missed it, but did you happen to be able to see what the grade difference

1631
01:47:38,560 --> 01:47:43,800
 was between the southern property and the southern edge of the proposed building footprint?

1632
01:47:43,800 --> 01:47:48,000
 So I did look at that, and I am not an engineer, so I will let the applicant speak to this

1633
01:47:48,000 --> 01:47:50,880
 in case I misinterpreted their plan.

1634
01:47:50,880 --> 01:47:57,720
 The lowest point of the grade on the southern property line appears to be about 654 feet.

1635
01:47:57,720 --> 01:48:01,920
 Looking at their proposed grading plan at this point, I believe there's an average

1636
01:48:01,920 --> 01:48:06,640
 of 660 to 665 at the building on the southern side.

1637
01:48:06,640 --> 01:48:08,800
 Thank you.

1638
01:48:08,800 --> 01:48:09,800
 Thank you, Haley.

1639
01:48:09,800 --> 01:48:13,240
 I don't see any other questions, so I think at this time I'd like to invite the applicant

1640
01:48:13,240 --> 01:48:23,680
 down for their presentation.

1641
01:48:23,680 --> 01:48:30,360
 And if you could just state your name and address for the record.

1642
01:48:30,360 --> 01:48:34,760
 Good evening, Chairman Rozelle, as well as all the commissioners.

1643
01:48:34,760 --> 01:48:36,560
 My name is William Tsau.

1644
01:48:36,560 --> 01:48:42,720
 I'm the president of the clinical facility engineering, who is the developer -- sorry,

1645
01:48:42,720 --> 01:48:43,800
 thank you.

1646
01:48:43,800 --> 01:48:51,000
 And I really appreciate this opportunity to present our development plan to you this evening.

1647
01:48:51,000 --> 01:48:57,320
 And we thank you for your time today, as well as the city staff have spent numerous hours

1648
01:48:57,320 --> 01:49:02,400
 with us, as well as our neighborhood community has talked to us about here.

1649
01:49:02,400 --> 01:49:08,840
 And I want to emphasize the only thing we approach this project is we try to bring the

1650
01:49:08,840 --> 01:49:13,200
 urban living type of product to the -- introduced to the city of Denton.

1651
01:49:13,200 --> 01:49:20,400
 Secondly, is about we fully understanding the city of Denton, the priority is preserve

1652
01:49:20,400 --> 01:49:22,280
 the nature resource in there.

1653
01:49:22,280 --> 01:49:29,080
 That's why we come up with this very limited footprint of the real estate development concept

1654
01:49:29,080 --> 01:49:30,080
 here.

1655
01:49:30,080 --> 01:49:34,720
 And I'm leaving the technical presentation to my consulting team.

1656
01:49:34,720 --> 01:49:35,720
 Thank you.

1657
01:49:35,720 --> 01:49:36,720
 Again, my name is William Tsau.

1658
01:49:36,720 --> 01:49:37,720
 Okay.

1659
01:49:37,720 --> 01:49:38,720
 Thank you.

1660
01:49:38,720 --> 01:49:39,720
 Thank you, William.

1661
01:49:39,720 --> 01:49:40,720
 Hi.

1662
01:49:40,720 --> 01:49:46,120
 My name is Randy Rivera, I'm a land planner with McAdams.

1663
01:49:46,120 --> 01:49:48,720
 We're located at 111 Hillside Drive in Louisville, Texas.

1664
01:49:48,720 --> 01:49:51,720
 It's a pleasure to be here before you tonight.

1665
01:49:51,720 --> 01:49:55,800
 Been working on this site for six months, so it's nice to be able to present this to

1666
01:49:55,800 --> 01:49:59,440
 you and we are looking forward to your feedback.

1667
01:49:59,440 --> 01:50:03,800
 William Tsau and his team Pinnacle had the opportunity to develop the property down the

1668
01:50:03,800 --> 01:50:08,000
 road, the Millennium Place property in Corinth.

1669
01:50:08,000 --> 01:50:12,120
 And when he saw this site was available, he immediately contacted us, him and his partners

1670
01:50:12,120 --> 01:50:13,480
 own it now.

1671
01:50:13,480 --> 01:50:16,200
 And what can we do with it?

1672
01:50:16,200 --> 01:50:19,960
 Looking at the property, Haley did a great job, her presentation, so I'm not going to

1673
01:50:19,960 --> 01:50:26,560
 repeat some of the stuff that she said, but I will say that the seven acres, I mean, look

1674
01:50:26,560 --> 01:50:33,200
 at these trees and we spent several months in that six month period identifying the trees

1675
01:50:33,200 --> 01:50:36,680
 and there are over 1,300 trees that we shot in on the property.

1676
01:50:36,680 --> 01:50:41,040
 Most of them are elms and oaks and things like that and very good heights, a lot of

1677
01:50:41,040 --> 01:50:47,720
 mature stuff and stuff that's not even, that's right at the six inch mark that we shot in.

1678
01:50:47,720 --> 01:50:51,920
 So we were able to identify where all these trees were located, which helped us create

1679
01:50:51,920 --> 01:50:57,280
 a more detailed landscape plan to work around those existing trees in the buffer.

1680
01:50:57,280 --> 01:51:02,320
 The site is, you know, it is an infill site, it has limited access, limited visibility,

1681
01:51:02,320 --> 01:51:06,800
 it's not necessarily conducive for retail because of that, those limitations.

1682
01:51:06,800 --> 01:51:10,600
 Infill sites are challenging, we all know that, and this one presents even more challenges

1683
01:51:10,600 --> 01:51:15,200
 with the terrain change that Haley talked about and the significant tree stand as well

1684
01:51:15,200 --> 01:51:22,960
 as the adjacency considerations that we have to analyze as we go through the design.

1685
01:51:22,960 --> 01:51:27,640
 It is the MN district, it does allow for high density housing in there, so we are compliant

1686
01:51:27,640 --> 01:51:32,300
 with the 2030 plan, Haley talked about the mixed use neighborhood, allows for this type

1687
01:51:32,300 --> 01:51:38,560
 of use, higher intensity uses and it asks for the transition from existing residential

1688
01:51:38,560 --> 01:51:41,880
 to the more intense commercial areas of the city.

1689
01:51:41,880 --> 01:51:46,880
 So we feel like the zoning is appropriate and the max 65 feet, but the SUP, you know,

1690
01:51:46,880 --> 01:51:51,640
 looking at the property here, the SUP is triggered because we're exceeding that 40 feet as Haley

1691
01:51:51,640 --> 01:51:53,040
 did a great job explaining.

1692
01:51:53,040 --> 01:51:58,880
 I want to say that the property geometry is about 300 feet deep and a little over 1,000

1693
01:51:58,880 --> 01:52:01,120
 to 1,100 feet wide.

1694
01:52:01,120 --> 01:52:05,540
 And so when we were putting this puzzle together, this was a pretty tight puzzle, it's how do

1695
01:52:05,540 --> 01:52:10,120
 we get that building up to the north as much as possible and have at least 100 feet that

1696
01:52:10,120 --> 01:52:15,160
 separates us from the neighborhood to provide -- we were sensitive to their concerns and

1697
01:52:15,160 --> 01:52:18,960
 wanting to minimize that impact, we knew that was very, very important.

1698
01:52:18,960 --> 01:52:24,040
 It is a change that we're proposing and so we wanted to be very sensitive to what those

1699
01:52:24,040 --> 01:52:28,560
 concerns might be, so tucking that building up to the north as much as possible.

1700
01:52:28,560 --> 01:52:31,640
 So that's why we're here before you today with this request.

1701
01:52:31,640 --> 01:52:35,320
 You know, as part of this effort, we were -- our client was very eager to get out there

1702
01:52:35,320 --> 01:52:39,080
 right away and get the property cleaned up.

1703
01:52:39,080 --> 01:52:43,800
 There's been some dumping on there, some trash, some encampments and people kind of hanging

1704
01:52:43,800 --> 01:52:45,040
 out that really shouldn't be.

1705
01:52:45,040 --> 01:52:50,960
 So we employed -- didn't freedom cleaning to get out there and clean up the site.

1706
01:52:50,960 --> 01:52:57,980
 And that has been a good effort and we're happy to do that because we know it was desperately

1707
01:52:57,980 --> 01:53:00,040
 needed after all these years.

1708
01:53:00,040 --> 01:53:02,720
 So I'm going to stop share.

1709
01:53:02,720 --> 01:53:10,480
 I do have a video I want to play of the proposal.

1710
01:53:10,480 --> 01:53:22,440
 I think I know where it is.

1711
01:53:22,440 --> 01:53:26,680
 I do.

1712
01:53:26,680 --> 01:53:28,840
 Okay.

1713
01:53:28,840 --> 01:53:37,320
 All right, Millennium Crest will feature 230 for urban residential living units centered

1714
01:53:37,320 --> 01:53:43,920
 around first class amenities to create the ideal quality of life in order to attract

1715
01:53:43,920 --> 01:53:49,720
 young professionals, the medical personnel that are employed in the nearby medical facilities,

1716
01:53:49,720 --> 01:53:54,960
 divorcees wanting to stay close to families or single adults that desire a highly amenitized

1717
01:53:54,960 --> 01:53:58,400
 living option within a city that they love.

1718
01:53:58,400 --> 01:54:04,560
 It will include a future retail site for neighborhood services that help support the area with surface

1719
01:54:04,560 --> 01:54:08,400
 parking and a retention pond in the southeast corner.

1720
01:54:08,400 --> 01:54:14,000
 The building placement of the site has been strategic throughout the design process in

1721
01:54:14,000 --> 01:54:19,240
 an effort to minimize impact to the south to provide for ample buffering and separation

1722
01:54:19,240 --> 01:54:24,520
 and tree preservation along those sensitive perimeter property lines.

1723
01:54:24,520 --> 01:54:30,680
 Butterfly.

1724
01:54:30,680 --> 01:54:35,900
 There's a view from the neighborhood as we're flying in, sort of get to the ground level.

1725
01:54:35,900 --> 01:54:40,760
 And then here is the buffer zone that we talked about that's 65 feet wide from the single

1726
01:54:40,760 --> 01:54:44,200
 family to the fire lane and then over to the building.

1727
01:54:44,200 --> 01:54:49,080
 The building is actually a little bit over 100 feet, it's 106 feet from that south property

1728
01:54:49,080 --> 01:54:50,080
 line.

1729
01:54:50,080 --> 01:54:54,300
 And here's a view from the neighborhood of what it would look like in the street.

1730
01:54:54,300 --> 01:54:59,480
 So butterfly gardens and bark mulch paths are nestled within the trees to allow residents

1731
01:54:59,480 --> 01:55:02,800
 to encounter nature and connect with the outdoors.

1732
01:55:02,800 --> 01:55:11,680
 And just see how beautiful that setting is to be able to partake in that as a resident.

1733
01:55:11,680 --> 01:55:18,640
 The reflection pond in the open courtyard provides for a tranquil setting for residents

1734
01:55:18,640 --> 01:55:25,100
 to relax, enjoy, and unwind.

1735
01:55:25,100 --> 01:55:26,760
 And that's nestled in that courtyard.

1736
01:55:26,760 --> 01:55:35,040
 It provides for an overlook area of the retention pond that's also a reflection pond amenity.

1737
01:55:35,040 --> 01:55:40,560
 Different types of experiences that residents can enjoy as they're getting out of their

1738
01:55:40,560 --> 01:55:44,620
 units and coming out to the outdoors to connect with nature.

1739
01:55:44,620 --> 01:55:50,560
 And here is a rain garden with different types of plants and stuff to take advantage of the

1740
01:55:50,560 --> 01:55:53,600
 natural setting that we're trying to accomplish.

1741
01:55:53,600 --> 01:55:57,680
 There's a dog park that's located in the far west end of the property.

1742
01:55:57,680 --> 01:56:05,680
 It provides good shade for all members of the family to enjoy the outdoors on the property.

1743
01:56:05,680 --> 01:56:10,960
 There is an enclosed courtyard that has an amenity pool and it will provide a place for

1744
01:56:10,960 --> 01:56:18,100
 residents to respite, to lounge, and to swim, soak up the sun, and enjoy good company under

1745
01:56:18,100 --> 01:56:29,720
 the shade structures, gazebos, and enjoy entertaining their friends and being out in the pool.

1746
01:56:29,720 --> 01:56:34,020
 So Millennium Crest has been strategically designed to attract a type of resident seeking

1747
01:56:34,020 --> 01:56:39,520
 a high quality living option within the city while being sensitive to the adjacent uses

1748
01:56:39,520 --> 01:56:44,800
 and preserving as many of the trees as possible to provide optimal visual buffering to the

1749
01:56:44,800 --> 01:57:08,720
 existing neighborhood and be a complimentary living option for the city of Denton.

1750
01:57:08,720 --> 01:57:13,800
 And so looking at the site features, you know, with underground detention, let me talk about

1751
01:57:13,800 --> 01:57:15,480
 access first, sorry.

1752
01:57:15,480 --> 01:57:19,720
 So we do have the 50-foot access easement that's along our eastern property line.

1753
01:57:19,720 --> 01:57:24,000
 This will be improved to provide us to access to the southbound frontage road.

1754
01:57:24,000 --> 01:57:26,760
 We are extending it to our east line.

1755
01:57:26,760 --> 01:57:29,280
 It does not necessarily connect to the Buckees property.

1756
01:57:29,280 --> 01:57:33,600
 That's for a future adjacent developer to make that connection, not us.

1757
01:57:33,600 --> 01:57:36,040
 Then the access comes into our site.

1758
01:57:36,040 --> 01:57:39,960
 As we go along the north side of the building, there is an emergency access planned over

1759
01:57:39,960 --> 01:57:43,000
 here at the Brookdale site.

1760
01:57:43,000 --> 01:57:46,960
 We have received a preliminary approval from the owners of the property.

1761
01:57:46,960 --> 01:57:52,400
 There are conditions to that that we're going to be working through as we go through platting,

1762
01:57:52,400 --> 01:57:54,600
 the platting process and the civil design.

1763
01:57:54,600 --> 01:57:59,800
 Then the fire lane loops around the building to provide for adequate coverage as required.

1764
01:57:59,800 --> 01:58:04,080
 In order for the detention to work on the property, like Haley mentioned, this underground

1765
01:58:04,080 --> 01:58:06,200
 detention was placed under the fire lane.

1766
01:58:06,200 --> 01:58:09,640
 It is more expensive, structured parking is more expensive.

1767
01:58:09,640 --> 01:58:14,720
 All these things were put onto this plan to provide for that compact layout to the property

1768
01:58:14,720 --> 01:58:17,440
 to reduce the footprint, minimize the impact.

1769
01:58:17,440 --> 01:58:21,440
 We didn't want to put the detention pond in the buffers because it would require taking

1770
01:58:21,440 --> 01:58:22,800
 out trees.

1771
01:58:22,800 --> 01:58:26,220
 And one of the earlier neighborhood meetings, we had a dog park on this south buffer.

1772
01:58:26,220 --> 01:58:32,160
 We have placed that over on this west line to remove it away from the neighbors.

1773
01:58:32,160 --> 01:58:36,660
 And I know I have a little bit more time left, or actually I'm done.

1774
01:58:36,660 --> 01:58:39,600
 And so here's just showing kind of that access point that's going to have to be extended

1775
01:58:39,600 --> 01:58:43,920
 up from the buckies in the future at some point, but there will be future connectivity

1776
01:58:43,920 --> 01:58:45,120
 there.

1777
01:58:45,120 --> 01:58:48,720
 And the cross-section is showing the 65-foot natural zone.

1778
01:58:48,720 --> 01:58:55,240
 So the natural zone is intended to preserve the understory canopy, almost like a conservation

1779
01:58:55,240 --> 01:58:56,420
 type easement.

1780
01:58:56,420 --> 01:58:59,520
 We don't want to impact that habitat that's there.

1781
01:58:59,520 --> 01:59:03,560
 It is -- we're planning for it to be enclosed with a 6-foot ornamental metal fence so that

1782
01:59:03,560 --> 01:59:05,040
 way we can see through it.

1783
01:59:05,040 --> 01:59:08,060
 We don't want to enclose it with anything that you can't see through.

1784
01:59:08,060 --> 01:59:13,000
 And it will be maintained probably twice a year to get in there and clean up as needed.

1785
01:59:13,000 --> 01:59:18,320
 But we would like that habitat to stay intact because it creates a great visual buffer with

1786
01:59:18,320 --> 01:59:20,120
 that understory in place.

1787
01:59:20,120 --> 01:59:25,160
 And then the 25-foot transition zone is where we're going to manicure that area a little

1788
01:59:25,160 --> 01:59:29,560
 bit more, put in the butterfly garden, the bark mulch path and things like that for the

1789
01:59:29,560 --> 01:59:34,160
 residents to be able to enjoy, and then that transitions to the fire lane and to the building.

1790
01:59:34,160 --> 01:59:38,840
 These steps that go down to the south property line, this is roughly anywhere between four

1791
01:59:38,840 --> 01:59:44,400
 to seven feet, and then this one over here is about, you know, two to four, depending

1792
01:59:44,400 --> 01:59:46,200
 on where it is on the site.

1793
01:59:46,200 --> 01:59:51,000
 But those are kind of those steps that we're taking in the grading.

1794
01:59:51,000 --> 01:59:54,520
 And then we were very proactive at the outset with the neighborhood outreach.

1795
01:59:54,520 --> 02:00:01,200
 We knew we needed to have -- to be available, accessible, transparent.

1796
02:00:01,200 --> 02:00:06,320
 And we feel like we have done that talking to all the neighbors, having several meetings

1797
02:00:06,320 --> 02:00:09,980
 and being -- giving them our contact information and having even phone calls after the meetings

1798
02:00:09,980 --> 02:00:13,240
 with individual property owners.

1799
02:00:13,240 --> 02:00:16,760
 Some of the things that we talked about in those meetings, we felt like the positions

1800
02:00:16,760 --> 02:00:18,800
 were generally neutral at that time.

1801
02:00:18,800 --> 02:00:22,320
 It really interested in asking questions, understanding what that impact was going to

1802
02:00:22,320 --> 02:00:27,880
 be, and it was about the trees, the drainage, and then, you know, how we're going to provide

1803
02:00:27,880 --> 02:00:30,880
 access to the property and the visibility.

1804
02:00:30,880 --> 02:00:35,280
 And I think -- I'm hoping that that video and the renderings that we have previously

1805
02:00:35,280 --> 02:00:40,280
 provided in neighborhood meetings help illustrate what that visual impact will look like to

1806
02:00:40,280 --> 02:00:46,000
 the neighborhood and the depth of that building being as far away as possible.

1807
02:00:46,000 --> 02:00:51,040
 You know, that's the -- we have done everything in our ability to minimize that input and

1808
02:00:51,040 --> 02:00:56,000
 provide the smallest footprint while making this still a feasible, successful development

1809
02:00:56,000 --> 02:01:02,840
 and provide for quality housing for young professionals to come to the City of Denton

1810
02:01:02,840 --> 02:01:03,840
 to live here.

1811
02:01:03,840 --> 02:01:07,640
 So that will conclude my portion of the presentation.

1812
02:01:07,640 --> 02:01:09,760
 William and I will be happy to stand for questions.

1813
02:01:09,760 --> 02:01:10,760
 >> Great.

1814
02:01:10,760 --> 02:01:11,760
 I think we have one.

1815
02:01:11,760 --> 02:01:12,760
 Mr. Smith.

1816
02:01:12,760 --> 02:01:13,760
 >> Thank you, Chair.

1817
02:01:13,760 --> 02:01:15,280
 I will have a question for you, ma'am.

1818
02:01:15,280 --> 02:01:16,280
 >> Yes.

1819
02:01:16,280 --> 02:01:19,160
 >> But, Haley, can I ask you a quick question as first here?

1820
02:01:19,160 --> 02:01:21,840
 You can actually leave that exact slide up for me here.

1821
02:01:21,840 --> 02:01:27,440
 I forgot to ask this during work session, Haley, but as the applicant had mentioned,

1822
02:01:27,440 --> 02:01:30,800
 that easement, they don't feel like it is their responsibility to connect that into

1823
02:01:30,800 --> 02:01:31,800
 Buc-E's.

1824
02:01:31,800 --> 02:01:35,800
 And then looking at the site location map that -- I remember when we approved for that

1825
02:01:35,800 --> 02:01:39,480
 extension of that road there in front of Buc-E's to go right there, it's a very small plot

1826
02:01:39,480 --> 02:01:41,600
 of land in between there.

1827
02:01:41,600 --> 02:01:43,200
 Who owns that?

1828
02:01:43,200 --> 02:01:47,720
 And if it's not their responsibility and it's not Buc-E's responsibility and that small

1829
02:01:47,720 --> 02:01:52,120
 piece of land that looks like the majority of that is more than likely what looks like

1830
02:01:52,120 --> 02:01:57,080
 floodplain leading to that detention pond there or some sort of drainage there that no one's

1831
02:01:57,080 --> 02:02:03,280
 ever going to develop it, then we have two unpurposable stub outs that will never connect

1832
02:02:03,280 --> 02:02:05,360
 because no one takes responsibility for them.

1833
02:02:05,360 --> 02:02:07,680
 Haley, are you going to shed light on there?

1834
02:02:07,680 --> 02:02:08,680
 >> Sure.

1835
02:02:08,680 --> 02:02:13,720
 So this -- what Randy put up on the screen shows the plot for the Buc-E's property that

1836
02:02:13,720 --> 02:02:16,540
 is now parcel created by Buc-E's.

1837
02:02:16,540 --> 02:02:21,640
 I believe they still own the property, the ownership entity for Buc-E's.

1838
02:02:21,640 --> 02:02:26,720
 This portion of the drive was not completed at this time because this is a riparian buffer.

1839
02:02:26,720 --> 02:02:31,560
 They will have to go through the alternative ESA plan process to accomplish that driveway

1840
02:02:31,560 --> 02:02:35,300
 because of the impacts they would have on that riparian buffer.

1841
02:02:35,300 --> 02:02:39,360
 But it's my understanding they are leaving that until such time as they have someone

1842
02:02:39,360 --> 02:02:43,880
 interested in developing what is shown as lot two on their plat and at that point they

1843
02:02:43,880 --> 02:02:48,680
 would have to come in for that plan approval to make that driveway connection.

1844
02:02:48,680 --> 02:02:55,480
 >> Just for historicity, they applied for that alt ESA and they were denied by this

1845
02:02:55,480 --> 02:02:56,480
 body.

1846
02:02:56,480 --> 02:02:59,960
 >> I don't think I was at that meeting, but okay, now I understand.

1847
02:02:59,960 --> 02:03:00,960
 Got it.

1848
02:03:00,960 --> 02:03:01,960
 Understood.

1849
02:03:01,960 --> 02:03:02,960
 Okay.

1850
02:03:02,960 --> 02:03:03,960
 Understood.

1851
02:03:03,960 --> 02:03:06,040
 Thank you.

1852
02:03:06,040 --> 02:03:08,160
 A couple questions, ma'am.

1853
02:03:08,160 --> 02:03:13,640
 One, nothing in staff's presentation or your presentation yet, have we seen anything that

1854
02:03:13,640 --> 02:03:19,560
 addresses any noise or light pollution mitigation you guys will take as the engineers for this

1855
02:03:19,560 --> 02:03:20,560
 project?

1856
02:03:20,560 --> 02:03:24,000
 Anything you could pardon the pun, shed light on for that?

1857
02:03:24,000 --> 02:03:26,400
 I guess I got one left.

1858
02:03:26,400 --> 02:03:27,400
 Thanks.

1859
02:03:27,400 --> 02:03:28,400
 Appreciate it.

1860
02:03:28,400 --> 02:03:29,400
 >> Yes.

1861
02:03:29,400 --> 02:03:33,080
 So we fully intend to comply with the city requirements on noise at the property line,

1862
02:03:33,080 --> 02:03:38,920
 light at the property line, if there's dark skies that we could do that here as well.

1863
02:03:38,920 --> 02:03:41,260
 We know security is important at this site.

1864
02:03:41,260 --> 02:03:42,880
 It's very important.

1865
02:03:42,880 --> 02:03:50,120
 And so we do want it to be done in a way that provides appropriate amount of security while

1866
02:03:50,120 --> 02:03:55,760
 not creating light pollution for the neighbors, but we want to comply with all the codes for

1867
02:03:55,760 --> 02:03:58,720
 those two requirements at this time.

1868
02:03:58,720 --> 02:04:03,400
 Nothing specific, but trying to balance between the two of those.

1869
02:04:03,400 --> 02:04:10,920
 And then in your opinion, how does building it with this SUP to this height versus building

1870
02:04:10,920 --> 02:04:18,820
 it as you could right now by right and therefore taking up more landscape, smaller buffer,

1871
02:04:18,820 --> 02:04:23,480
 how does building it underneath this SUP benefit the neighborhood, which it abuts against?

1872
02:04:23,480 --> 02:04:32,000
 >> So my opinion of that is we could do this development, stretch the building out east,

1873
02:04:32,000 --> 02:04:37,120
 west, south, and be within the 40-foot height.

1874
02:04:37,120 --> 02:04:39,320
 We wouldn't have the retail building.

1875
02:04:39,320 --> 02:04:44,480
 That would go away, and we would probably have the building be 10 to 20 feet from the

1876
02:04:44,480 --> 02:04:50,260
 southern property line because we would need a significant amount of building square footage

1877
02:04:50,260 --> 02:04:53,760
 in order to stay at that 234-unit count.

1878
02:04:53,760 --> 02:04:54,760
 >> Okay.

1879
02:04:54,760 --> 02:05:01,600
 So just to paraphrase, basically that by getting this SUP, that this benefits the neighborhood

1880
02:05:01,600 --> 02:05:05,720
 by being able to have the further setback away from the neighborhood, not encroaching

1881
02:05:05,720 --> 02:05:08,000
 upon them and their integrity.

1882
02:05:08,000 --> 02:05:12,480
 Otherwise what you could do right now by right by that zoning is actually more than likely

1883
02:05:12,480 --> 02:05:19,200
 more impeding upon their current status as a neighborhood than it would be with the SUP.

1884
02:05:19,200 --> 02:05:20,200
 >> That's correct.

1885
02:05:20,200 --> 02:05:24,240
 We feel like the SUP request protects the neighbors more than without it.

1886
02:05:24,240 --> 02:05:25,240
 >> Okay.

1887
02:05:25,240 --> 02:05:26,240
 Understood.

1888
02:05:26,240 --> 02:05:27,240
 Thank you.

1889
02:05:27,240 --> 02:05:29,160
 >> Is there any other questions for the applicant?

1890
02:05:29,160 --> 02:05:30,640
 Christian McDade.

1891
02:05:30,640 --> 02:05:40,080
 >> Thank you, Chair, if you could go back to your last -- like the major questions, the

1892
02:05:40,080 --> 02:05:41,080
 --

1893
02:05:41,080 --> 02:05:42,080
 >> The neighborhood?

1894
02:05:42,080 --> 02:05:43,080
 >> No.

1895
02:05:43,080 --> 02:05:49,080
 You had a -- about the major questions and about your -- the type of tenants, you know,

1896
02:05:49,080 --> 02:05:50,080
 I mean that --

1897
02:05:50,080 --> 02:05:51,080
 >> Oh.

1898
02:05:51,080 --> 02:05:52,080
 >> That page there.

1899
02:05:52,080 --> 02:05:53,080
 Hold on.

1900
02:05:53,080 --> 02:05:54,080
 Let me go back to my screen.

1901
02:05:54,080 --> 02:05:59,520
 >> Did I -- I don't know if I had a slide that specifically spoke to the type of tenants

1902
02:05:59,520 --> 02:06:00,520
 that we were trying --

1903
02:06:00,520 --> 02:06:01,520
 >> Well, yeah, you had major questions.

1904
02:06:01,520 --> 02:06:02,520
 >> Oh, I'm sorry.

1905
02:06:02,520 --> 02:06:03,520
 >> I think your last slide was --

1906
02:06:03,520 --> 02:06:04,520
 >> I'm so sorry.

1907
02:06:04,520 --> 02:06:05,520
 Yes, sir.

1908
02:06:05,520 --> 02:06:06,520
 Right there.

1909
02:06:06,520 --> 02:06:07,520
 >> Okay.

1910
02:06:07,520 --> 02:06:08,520
 I'm just curious.

1911
02:06:08,520 --> 02:06:11,280
 You know, the major questions and take away, the type of tenants or any unit, I mean, I'm

1912
02:06:11,280 --> 02:06:15,560
 just curious what type of feedback you got on that type of question there.

1913
02:06:15,560 --> 02:06:21,760
 >> Yeah, that was -- the concern was is this going to be student housing?

1914
02:06:21,760 --> 02:06:26,960
 And our client has done lots of student housing in south central Texas in the College Station

1915
02:06:26,960 --> 02:06:27,960
 area.

1916
02:06:27,960 --> 02:06:33,120
 And in this market, this area, this location, it is not student housing.

1917
02:06:33,120 --> 02:06:36,520
 It's not going to have leases that are subleased to students.

1918
02:06:36,520 --> 02:06:38,920
 It's not leased out by bedroom.

1919
02:06:38,920 --> 02:06:39,920
 It's not like that at all.

1920
02:06:39,920 --> 02:06:43,560
 It's one person on the lease for one unit.

1921
02:06:43,560 --> 02:06:48,560
 And the attraction of the site was because of its proximity to all the employers in the

1922
02:06:48,560 --> 02:06:51,080
 area, specifically the medical ones.

1923
02:06:51,080 --> 02:06:55,400
 And he's -- the intent is to attract those professionals to live here.

1924
02:06:55,400 --> 02:06:58,880
 Because, frankly, you're going to have to be a professional to be able to afford living

1925
02:06:58,880 --> 02:06:59,880
 here.

1926
02:06:59,880 --> 02:07:00,880
 >> All right.

1927
02:07:00,880 --> 02:07:01,880
 Thank you.

1928
02:07:01,880 --> 02:07:02,880
 >> Sure.

1929
02:07:02,880 --> 02:07:03,880
 >> Yeah.

1930
02:07:03,880 --> 02:07:04,880
 You can come down.

1931
02:07:04,880 --> 02:07:05,880
 >> Thank you.

1932
02:07:05,880 --> 02:07:06,880
 >> Hi.

1933
02:07:06,880 --> 02:07:14,320
 Thank you for Randy's information.

1934
02:07:14,320 --> 02:07:18,360
 I have a little bit more information about our marketing study.

1935
02:07:18,360 --> 02:07:24,360
 In here, this particular site, we have study about 25 -- oh, sorry.

1936
02:07:24,360 --> 02:07:30,800
 Chairman -- sorry, I'm really nervous.

1937
02:07:30,800 --> 02:07:36,000
 I tried to let you know the -- we need to share with you about the potential rent range.

1938
02:07:36,000 --> 02:07:44,800
 We are looking at a proposal about -- about starting about $1,150 for the efficiency all

1939
02:07:44,800 --> 02:07:47,640
 the way to $2,000 to the two-bedroom.

1940
02:07:47,640 --> 02:07:48,640
 So this is not a --

1941
02:07:48,640 --> 02:07:53,200
 >> Haley, do we have a -- do we have the sky camera working these days?

1942
02:07:53,200 --> 02:08:03,320
 >> Can we turn on the camera and you -- can you put that handout right on that felt board?

1943
02:08:03,320 --> 02:08:07,440
 And if it works, we all can see what you're talking about.

1944
02:08:07,440 --> 02:08:08,440
 Perfect.

1945
02:08:08,440 --> 02:08:09,440
 Thank you.

1946
02:08:09,440 --> 02:08:10,440
 >> Oh, okay.

1947
02:08:10,440 --> 02:08:11,440
 Good.

1948
02:08:11,440 --> 02:08:12,440
 Okay.

1949
02:08:12,440 --> 02:08:13,440
 Great.

1950
02:08:13,440 --> 02:08:14,440
 Wow.

1951
02:08:14,440 --> 02:08:15,440
 High-tech.

1952
02:08:15,440 --> 02:08:16,600
 This is the rent we are looking at here.

1953
02:08:16,600 --> 02:08:20,640
 And also, I'd like to share with Ms. McRae.

1954
02:08:20,640 --> 02:08:25,840
 The other component is about our market study, you know, this is -- this is what we find

1955
02:08:25,840 --> 02:08:34,280
 out is we are targeted at almost like a 25 percent -- almost like 25 percent is medical

1956
02:08:34,280 --> 02:08:36,520
 field professional.

1957
02:08:36,520 --> 02:08:43,760
 And that would be the people who are accountable for -- can rent on this type of range in there.

1958
02:08:43,760 --> 02:08:52,960
 And we do bring -- in order to limit the footprint of this development, we are actually putting

1959
02:08:52,960 --> 02:08:59,760
 a lot of capital to build an underground retainage parking garage.

1960
02:08:59,760 --> 02:09:07,120
 And we believe, you know, we want to be a very sensitive neighbor, and we are not coming

1961
02:09:07,120 --> 02:09:11,120
 here to try to say this is a product.

1962
02:09:11,120 --> 02:09:17,560
 We are still listening, and every input is valuable to us, because we want to be a sensitive

1963
02:09:17,560 --> 02:09:21,120
 neighbor, corporate citizen here.

1964
02:09:21,120 --> 02:09:30,840
 In terms of the -- regarding about our previous experience in there is this is the product

1965
02:09:30,840 --> 02:09:32,840
 city of Denton, haven't seen a lot.

1966
02:09:32,840 --> 02:09:38,400
 There's one called Razor Range in the northern part of the -- and that one is very, very

1967
02:09:38,400 --> 02:09:40,840
 in the high -- very high demand in there.

1968
02:09:40,840 --> 02:09:43,480
 So we are thinking about this in this aspect.

1969
02:09:43,480 --> 02:09:50,400
 Also, because Denton's development in the future, the I-35 phase two is coming.

1970
02:09:50,400 --> 02:09:53,680
 It just been led last week from the state.

1971
02:09:53,680 --> 02:09:57,720
 So all this, you know, is a point to the bright future for the city of Denton.

1972
02:09:57,720 --> 02:10:05,120
 So we are looking forward to introduce this more urban, more modern type of product, and

1973
02:10:05,120 --> 02:10:11,800
 without -- with the minimal impact to the neighborhood in there, that's our goal.

1974
02:10:11,800 --> 02:10:15,920
 And that's what I can -- hopefully I answer some questions again.

1975
02:10:15,920 --> 02:10:19,440
 Thank you, Chairman, and the commissioners.

1976
02:10:19,440 --> 02:10:21,400
 >> I have actually a question for you.

1977
02:10:21,400 --> 02:10:24,560
 You mentioned that you -- or someone mentioned that you have a property in Corinth or --

1978
02:10:24,560 --> 02:10:25,560
 >> Correct.

1979
02:10:25,560 --> 02:10:28,440
 >> And it's called Millennium as well.

1980
02:10:28,440 --> 02:10:30,320
 Did you actually develop that property?

1981
02:10:30,320 --> 02:10:31,320
 >> That's correct.

1982
02:10:31,320 --> 02:10:32,320
 Yes, I did.

1983
02:10:32,320 --> 02:10:33,320
 >> When did you develop it?

1984
02:10:33,320 --> 02:10:39,200
 >> We started in 2016 on the planning, and we actually break ground on the 2017 September,

1985
02:10:39,200 --> 02:10:43,640
 and we complete on 2019 on March.

1986
02:10:43,640 --> 02:10:44,920
 >> And do you still hold that property?

1987
02:10:44,920 --> 02:10:45,920
 >> Yes, we still.

1988
02:10:45,920 --> 02:10:46,920
 >> And is your --

1989
02:10:46,920 --> 02:10:47,920
 >> We are not a builder.

1990
02:10:47,920 --> 02:10:49,360
 We just -- we are the long-term operator.

1991
02:10:49,360 --> 02:10:50,360
 >> Okay.

1992
02:10:50,360 --> 02:10:51,360
 >> Yes.

1993
02:10:51,360 --> 02:10:52,360
 >> You haven't sold it?

1994
02:10:52,360 --> 02:10:53,360
 >> No.

1995
02:10:53,360 --> 02:10:54,360
 >> That's not the intention?

1996
02:10:54,360 --> 02:10:55,360
 >> No, no.

1997
02:10:55,360 --> 02:10:56,360
 >> Okay.

1998
02:10:56,360 --> 02:10:59,040
 The other question I had was -- you mentioned that there was campers there that you had

1999
02:10:59,040 --> 02:11:00,640
 to clear out.

2000
02:11:00,640 --> 02:11:07,680
 Is there any plans or what's the plans for continuing to help ensure that that property

2001
02:11:07,680 --> 02:11:11,520
 remains empty in the barrier, the buffer area?

2002
02:11:11,520 --> 02:11:12,520
 >> Yes.

2003
02:11:12,520 --> 02:11:18,280
 We did -- we did research, and we also consulting with one of the city attendant officer.

2004
02:11:18,280 --> 02:11:22,720
 He helping us to reach out all the different type of the security camera, different type

2005
02:11:22,720 --> 02:11:32,560
 of the onus is we can enforce in that aspect, and also we realize, you know, the best management

2006
02:11:32,560 --> 02:11:39,160
 is you have a very good, you know, occupied real estate in there, because nobody can be

2007
02:11:39,160 --> 02:11:45,160
 there 24 hours in there, but if we have a quality development in there, we obligate

2008
02:11:45,160 --> 02:11:50,400
 to our customer and as well as to the neighborhood, we will make -- definitely maintaining it

2009
02:11:50,400 --> 02:11:52,000
 in the high level.

2010
02:11:52,000 --> 02:11:54,640
 And it's similar to a vacant house.

2011
02:11:54,640 --> 02:12:00,760
 It always inviting a lot of different uncertainty in there, but we are hoping we can provide

2012
02:12:00,760 --> 02:12:11,240
 a good quality product and send it to distance, and not only that, we during our visit through

2013
02:12:11,240 --> 02:12:18,480
 one of the neighborhood homeowners thinking about there's a lot of water in the northern

2014
02:12:18,480 --> 02:12:21,480
 side of property as well as the south side of property.

2015
02:12:21,480 --> 02:12:26,240
 And those have become news and water because of lack of maintenance in there.

2016
02:12:26,240 --> 02:12:30,960
 And those are all, you know, development plan, we will make it correct.

2017
02:12:30,960 --> 02:12:36,560
 And that's all the component we try to think, you know, is how do we make it is a high quality

2018
02:12:36,560 --> 02:12:40,160
 product to the city of Denton in there.

2019
02:12:40,160 --> 02:12:41,160
 >> I appreciate that.

2020
02:12:41,160 --> 02:12:42,160
 Thank you.

2021
02:12:42,160 --> 02:12:43,160
 >> Okay.

2022
02:12:43,160 --> 02:12:44,160
 Thank you.

2023
02:12:44,160 --> 02:12:48,720
 >> I don't see any other questions at this time, but we might have more later.

2024
02:12:48,720 --> 02:12:52,880
 With that, this is a public hearing, can we clear the commission board of speakers?

2025
02:12:52,880 --> 02:12:55,400
 I don't think we have any speakers outstanding.

2026
02:12:55,400 --> 02:12:56,400
 Right?

2027
02:12:56,400 --> 02:13:00,600
 Commissioner Dade, you don't need to speak, right?

2028
02:13:00,600 --> 02:13:01,600
 You're good.

2029
02:13:01,600 --> 02:13:03,320
 I think you're good.

2030
02:13:03,320 --> 02:13:04,320
 Thank you.

2031
02:13:04,320 --> 02:13:08,680
 I do have several cards of individuals wishing to speak and some that do not, and so I was

2032
02:13:08,680 --> 02:13:13,400
 just going to go through these just as they're presented to me in no specific order.

2033
02:13:13,400 --> 02:13:17,480
 The first one is -- and forgive me up front if I mispronounce any names, but I think it's

2034
02:13:17,480 --> 02:13:22,960
 Lorne Thomas, and then the next person will be Ralph Benford.

2035
02:13:22,960 --> 02:13:27,560
 But Lorne, if you want to come up here, just say your name and address for the record,

2036
02:13:27,560 --> 02:13:29,120
 you'll be given four minutes.

2037
02:13:29,120 --> 02:13:30,120
 >> I'm Lorne Thomas.

2038
02:13:30,120 --> 02:13:33,080
 I'm at 2404 Natchez Trace.

2039
02:13:33,080 --> 02:13:40,000
 So if you look at the diagram, I'm the one on the farthest east corner, directly across

2040
02:13:40,000 --> 02:13:43,880
 from the -- I don't know if it's a pond or a parking lot or what that's going to be.

2041
02:13:43,880 --> 02:13:47,060
 It's by the retail portion of the property.

2042
02:13:47,060 --> 02:13:52,520
 So that would be my concern because I'd like to see that portion of land, that 7 1/2 acres

2043
02:13:52,520 --> 02:13:59,960
 develop, but I don't know what they're going to do with the portion that's right across

2044
02:13:59,960 --> 02:14:00,960
 from mine.

2045
02:14:00,960 --> 02:14:05,680
 I mean, I think it would be better than what's there now, but it's looking like I'm only

2046
02:14:05,680 --> 02:14:10,880
 going to have like an 8-foot board-on-board fence separating me from whatever because

2047
02:14:10,880 --> 02:14:17,160
 I lose the 6-foot metal fence stops at my neighbor's house there and doesn't go further.

2048
02:14:17,160 --> 02:14:19,440
 So that would be one of my questions.

2049
02:14:19,440 --> 02:14:24,300
 And then I lose all my trees that are going to be behind my property.

2050
02:14:24,300 --> 02:14:31,120
 So given that, I'm not so much in favor of that, but -- so that would be -- I don't know

2051
02:14:31,120 --> 02:14:35,080
 if there's clarification on that, if that's actually a parking lot or a pond.

2052
02:14:35,080 --> 02:14:39,480
 If it is a pond, does it have a fountain, is it going to be moving water, or am I going

2053
02:14:39,480 --> 02:14:46,400
 to have mosquitoes because it's just a stagnant pond, you know, so that's all I have.

2054
02:14:46,400 --> 02:14:49,080
 >> I don't want to speak on behalf of the applicant, but I believe it's a retention

2055
02:14:49,080 --> 02:14:51,280
 pond with some sort of circulating water.

2056
02:14:51,280 --> 02:14:55,120
 Yeah, the water will be moving.

2057
02:14:55,120 --> 02:15:00,760
 >> And also questions on not knowing what's going on on that east border where that proposed

2058
02:15:00,760 --> 02:15:03,720
 50-foot easement and access is.

2059
02:15:03,720 --> 02:15:08,100
 It doesn't -- I'm not getting a clear understanding of what that connection there and what's going

2060
02:15:08,100 --> 02:15:09,100
 to be there.

2061
02:15:09,100 --> 02:15:13,200
 Nothing will happen with that now, but just so you're aware, if you're obviously aware

2062
02:15:13,200 --> 02:15:18,160
 you look out of your backyard, that 50-foot easement that's coming straight down and then

2063
02:15:18,160 --> 02:15:24,800
 turning to like a 30-degree to your right, that is -- was brought before P&Z to connect

2064
02:15:24,800 --> 02:15:27,800
 to the interior road of Buc-E's.

2065
02:15:27,800 --> 02:15:33,720
 So Buc-E's would have an entrance from where the old Luby's was.

2066
02:15:33,720 --> 02:15:39,080
 They have not gotten approval to connect their roadway, so until there's some sort of development

2067
02:15:39,080 --> 02:15:45,840
 on that plot of land directly to the east of that access easement, there would be no

2068
02:15:45,840 --> 02:15:49,960
 precipice for that road to be completed, but that would be -- the future of that would

2069
02:15:49,960 --> 02:15:55,200
 be Buc-E's road would be extended up north behind your house.

2070
02:15:55,200 --> 02:15:56,200
 >> Okay.

2071
02:15:56,200 --> 02:16:01,040
 Yeah, well, whatever happens there is going to affect me, and so my primary concerns are

2072
02:16:01,040 --> 02:16:07,680
 just the -- a secure barrier being between -- me between that development there.

2073
02:16:07,680 --> 02:16:08,680
 >> Understood.

2074
02:16:08,680 --> 02:16:11,220
 I appreciate you being here.

2075
02:16:11,220 --> 02:16:13,800
 Next is Ralph Benford, followed by Jerry Drake.

2076
02:16:13,800 --> 02:16:19,520
 If you could just state your name and address for the record, you'll have four minutes to

2077
02:16:19,520 --> 02:16:20,520
 speak.

2078
02:16:20,520 --> 02:16:24,040
 >> Ralph Benford, 2416 Natchez Trace.

2079
02:16:24,040 --> 02:16:25,040
 Can you hear me okay?

2080
02:16:25,040 --> 02:16:26,040
 >> Okay.

2081
02:16:26,040 --> 02:16:29,040
 We can hear you.

2082
02:16:29,040 --> 02:16:38,000
 >> I was prepared to tell you how much impact this would have on us, but now I am probably

2083
02:16:38,000 --> 02:16:46,120
 more confused than when I came in here as far as the layout of this, the driveways,

2084
02:16:46,120 --> 02:16:53,960
 the parking areas, the ins and outs as far as -- right now there's only one way into

2085
02:16:53,960 --> 02:16:55,400
 that area.

2086
02:16:55,400 --> 02:17:02,180
 That's there by the Goodwill area.

2087
02:17:02,180 --> 02:17:08,240
 Maybe it's already been mentioned, is there going to be another entrance and exits by

2088
02:17:08,240 --> 02:17:11,440
 the nursing home?

2089
02:17:11,440 --> 02:17:15,400
 >> Only for fire and emergency vehicles.

2090
02:17:15,400 --> 02:17:17,440
 >> Okay.

2091
02:17:17,440 --> 02:17:22,160
 And as far as the layout of the building, I'm still confused about how much area that's

2092
02:17:22,160 --> 02:17:24,880
 going to take up.

2093
02:17:24,880 --> 02:17:28,120
 Seven acres encompasses a pretty long area.

2094
02:17:28,120 --> 02:17:39,600
 Surely the building is not going to be as long as that green belt of trees is, but perhaps

2095
02:17:39,600 --> 02:17:44,400
 we can get a little more specifics as we go along.

2096
02:17:44,400 --> 02:17:49,160
 My wife and I have lived on Natchez Trace for almost 15 years.

2097
02:17:49,160 --> 02:17:52,680
 It's a quiet, safe, friendly neighborhood.

2098
02:17:52,680 --> 02:18:03,320
 This is going to impact it to where it won't be the same neighborhood that we've had.

2099
02:18:03,320 --> 02:18:12,320
 I know that all of you have heard all of the objections and the stories, property value,

2100
02:18:12,320 --> 02:18:22,120
 noise, pollution, all of that, but the fact is that something of this magnitude is going

2101
02:18:22,120 --> 02:18:26,980
 to have a huge impact on the neighborhood.

2102
02:18:26,980 --> 02:18:33,400
 And it's not just the people on Natchez Trace, it's going to affect all of the ones all around

2103
02:18:33,400 --> 02:18:34,400
 the area.

2104
02:18:34,400 --> 02:18:39,800
 The ones over on Shenandoah and Shiloh and Stone Mountain, they may not think it's going

2105
02:18:39,800 --> 02:18:42,040
 to affect them.

2106
02:18:42,040 --> 02:18:47,680
 Certainly didn't show up to protest, but it will.

2107
02:18:47,680 --> 02:18:58,300
 Something of this size and this magnitude will certainly have an impact on everyone.

2108
02:18:58,300 --> 02:19:08,680
 Before I came up, the group that I'm with had mentioned the possible electricity problem

2109
02:19:08,680 --> 02:19:18,040
 that might occur with 235 or 40 units in an apartment complex.

2110
02:19:18,040 --> 02:19:26,400
 As you know, the power grid has been iffy at best.

2111
02:19:26,400 --> 02:19:30,280
 And we've been lucky so far that we haven't had any outages or anything.

2112
02:19:30,280 --> 02:19:39,600
 But my point is, that may have some impact on the electricity available to all of us.

2113
02:19:39,600 --> 02:19:45,120
 I don't know that that would be a major consideration or not.

2114
02:19:45,120 --> 02:19:51,760
 But it would be nice to have more specifics as far as the layout.

2115
02:19:51,760 --> 02:20:00,960
 I think I saw something about a 65-foot setback as far as the trees that are going to be preserved,

2116
02:20:00,960 --> 02:20:04,000
 something like that, as I recall seeing.

2117
02:20:04,000 --> 02:20:10,860
 There was an awful lot of information to absorb that she went through.

2118
02:20:10,860 --> 02:20:18,520
 But there's just a lot of questions and a lot of variables, but the bottom line is this

2119
02:20:18,520 --> 02:20:25,760
 is going to have a huge impact on everyone that lives in that area.

2120
02:20:25,760 --> 02:20:33,600
 And I only hope that each of you have not made a decision as to what you're going to

2121
02:20:33,600 --> 02:20:34,600
 do.

2122
02:20:34,600 --> 02:20:44,440
 I hope that our voices and our opinions might mean something and count for something.

2123
02:20:44,440 --> 02:20:50,560
 That's all we can ask, and with that, thank you for my time.

2124
02:20:50,560 --> 02:20:52,000
 I appreciate you being here.

2125
02:20:52,000 --> 02:20:57,720
 I have a question for staff, but what I'd like to do is hold that.

2126
02:20:57,720 --> 02:21:02,680
 If anyone has questions for staff or the applicant, can we just jot those down and we'll ask those

2127
02:21:02,680 --> 02:21:05,660
 at the end because I have some questions that he prompted.

2128
02:21:05,660 --> 02:21:08,760
 But for the sake of trying to get through these, if we could save questions now for

2129
02:21:08,760 --> 02:21:11,800
 participants, that would be helpful.

2130
02:21:11,800 --> 02:21:18,080
 Do you have a question for him?

2131
02:21:18,080 --> 02:21:21,080
 Okay, great.

2132
02:21:21,080 --> 02:21:34,280
 Next is Jerry Drake, followed by Dan Lyons.

2133
02:21:34,280 --> 02:21:35,280
 Welcome back, stranger.

2134
02:21:35,280 --> 02:21:38,280
 Hey, it's good to be back.

2135
02:21:38,280 --> 02:21:49,000
 Good seeing all of you again.

2136
02:21:49,000 --> 02:21:55,120
 It is shared, and you can just click through with the arrows.

2137
02:21:55,120 --> 02:21:56,120
 Very good.

2138
02:21:56,120 --> 02:22:00,640
 Jerry Drake, 2504 Shiloh Road in Denton, Texas.

2139
02:22:00,640 --> 02:22:04,400
 Thank you for having this hearing tonight.

2140
02:22:04,400 --> 02:22:11,040
 And thank you to Millennium for trying as hard as they did to make some accommodations

2141
02:22:11,040 --> 02:22:14,040
 for us.

2142
02:22:14,040 --> 02:22:15,040
 I'm a nerd.

2143
02:22:15,040 --> 02:22:17,160
 Those of you who've worked with me before know that.

2144
02:22:17,160 --> 02:22:22,400
 I'm either a law or engineering, and I look at details.

2145
02:22:22,400 --> 02:22:24,580
 So I'm looking at the criteria here.

2146
02:22:24,580 --> 02:22:27,980
 There are three criteria that I think are impacted out of six.

2147
02:22:27,980 --> 02:22:30,360
 Is it compatible with the surrounding areas proposed?

2148
02:22:30,360 --> 02:22:32,200
 Does it meet all other code standards?

2149
02:22:32,200 --> 02:22:38,280
 And does it mitigate the impacts associated with access, traffic, and emergency service?

2150
02:22:38,280 --> 02:22:43,200
 One of our concerns, or at least one of my concerns, is that the natural buffer, which

2151
02:22:43,200 --> 02:22:49,480
 they fence out and away from, it just concentrates all the adverse impacts of wildlife, of campers,

2152
02:22:49,480 --> 02:22:55,640
 all of those nasty things that are just shoved towards our neighborhood all the more.

2153
02:22:55,640 --> 02:23:02,180
 And there's no proposal that I see for lighting cameras or patrols in the area, and that's

2154
02:23:02,180 --> 02:23:04,240
 a concern.

2155
02:23:04,240 --> 02:23:08,400
 Haley addressed number two a little bit here, that the development's uphill.

2156
02:23:08,400 --> 02:23:11,520
 The increased height exacerbates the difference.

2157
02:23:11,520 --> 02:23:16,240
 While this is the diagram in the code, this is what it really is.

2158
02:23:16,240 --> 02:23:18,320
 And then this is just from the staff report.

2159
02:23:18,320 --> 02:23:21,200
 I didn't understand the comparison to roofs.

2160
02:23:21,200 --> 02:23:25,280
 People want privacy in their yards and their pools, not on their roofs.

2161
02:23:25,280 --> 02:23:29,280
 Our roofs don't care about how high it is.

2162
02:23:29,280 --> 02:23:33,720
 As far as code issues, here are a couple here, fire code.

2163
02:23:33,720 --> 02:23:38,120
 Buildings higher than 30 feet shall have at least two means of fire apparatus access for

2164
02:23:38,120 --> 02:23:39,120
 each structure.

2165
02:23:39,120 --> 02:23:44,480
 Now, as you can see on the plan, there's two structures that are being planned, but there's

2166
02:23:44,480 --> 02:23:48,440
 only one point of access.

2167
02:23:48,440 --> 02:23:52,160
 But if you approve this, if you recommend approval on it, you're going to tie your hands,

2168
02:23:52,160 --> 02:23:54,480
 even if they come back later for that other building.

2169
02:23:54,480 --> 02:23:58,160
 They go say, "Well, you know, you saw that on the plan, yeah, I mean, you saw that on

2170
02:23:58,160 --> 02:24:00,240
 the plan, and yet you approved it.

2171
02:24:00,240 --> 02:24:03,640
 Why did you do that if you didn't want us to do it?"

2172
02:24:03,640 --> 02:24:09,520
 DDC 8.3(c)(1) must provide two points of vehicle access unless infeasible.

2173
02:24:09,520 --> 02:24:14,880
 Well, is it really infeasible here or is it just that it's more expensive?

2174
02:24:14,880 --> 02:24:20,720
 Is it that they couldn't buy the easements that they needed from the adjacent properties?

2175
02:24:20,720 --> 02:24:26,900
 I heard a few moments ago that the preliminary approval with Brookdale, well, where's the

2176
02:24:26,900 --> 02:24:30,600
 access easement that guarantees that, that creates a right?

2177
02:24:30,600 --> 02:24:37,020
 And why aren't we waiting for that before we look at whether or not to give an SUP?

2178
02:24:37,020 --> 02:24:40,080
 And leave you for planning is not the answer.

2179
02:24:40,080 --> 02:24:47,520
 As far as access and traffic are concerned, let's see, did I, yeah, I addressed all that.

2180
02:24:47,520 --> 02:24:52,040
 Applicant proposed only one access point that remains open all the time.

2181
02:24:52,040 --> 02:24:57,240
 The perimeter paving is only 24 to 26 feet wide.

2182
02:24:57,240 --> 02:25:00,720
 Natchez trace is 50 feet wide, okay?

2183
02:25:00,720 --> 02:25:04,400
 Our cul-de-sacs are 50 feet wide.

2184
02:25:04,400 --> 02:25:08,480
 The pavement width is 31 feet, it's wider than this.

2185
02:25:08,480 --> 02:25:13,400
 And you know, if that's, if it's necessary, then we have two points of access, not just

2186
02:25:13,400 --> 02:25:14,400
 one.

2187
02:25:14,400 --> 02:25:23,600
 We're a single family community of houses and if that kind of, if that level of detail

2188
02:25:23,600 --> 02:25:29,080
 is necessary for us, then for our safety, why isn't it for them?

2189
02:25:29,080 --> 02:25:36,320
 The aerial trucks, here's a diagram here of a 24 to 26 inch street.

2190
02:25:36,320 --> 02:25:44,440
 You can see with their outriggers, they're 18 feet apart.

2191
02:25:44,440 --> 02:25:51,540
 As far as the code, and this is really the key diagram here, you've got that Brookdale's

2192
02:25:51,540 --> 02:25:53,880
 parking lot is locked behind a barricade.

2193
02:25:53,880 --> 02:25:56,000
 It's not a fire access route.

2194
02:25:56,000 --> 02:25:59,760
 According to the fire code, you've got to have two separate and approved fire access

2195
02:25:59,760 --> 02:26:02,800
 roads regardless of whether they're sprinkled.

2196
02:26:02,800 --> 02:26:06,720
 And maybe the minimum's not enough for a shared two-way traffic.

2197
02:26:06,720 --> 02:26:09,600
 You know, maybe that would be okay if it were one-way.

2198
02:26:09,600 --> 02:26:15,440
 If it were limited to one-way, that might be okay, but this is two-way.

2199
02:26:15,440 --> 02:26:23,160
 And you know, as far as what are you going to do about people who are fleeing an emergency

2200
02:26:23,160 --> 02:26:26,560
 and they encounter fire apparatus head-on?

2201
02:26:26,560 --> 02:26:31,160
 You got a dangerous bottleneck here, how much time are you going to need to evacuate more

2202
02:26:31,160 --> 02:26:39,720
 than 383 panicked cars that are trying to leave this situation in case of an emergency?

2203
02:26:39,720 --> 02:26:42,420
 You have discretion in an SUP.

2204
02:26:42,420 --> 02:26:44,080
 This is your role.

2205
02:26:44,080 --> 02:26:50,600
 I understand the staff has to bring forward a proposal, they've got to shave it as close

2206
02:26:50,600 --> 02:26:52,520
 as they possibly can.

2207
02:26:52,520 --> 02:26:59,080
 We're fine, I'm fine with that, that's their job, but it's also your role to apply common

2208
02:26:59,080 --> 02:27:03,960
 sense and you have the discretion, that's what the SUP is about.

2209
02:27:03,960 --> 02:27:08,520
 An SUP is like when your kid says, "Hey, I've done my chores, I've cleaned my room, I've

2210
02:27:08,520 --> 02:27:11,840
 done my homework, can I go to the circus?"

2211
02:27:11,840 --> 02:27:16,320
 And you as a parent, you know that the kid's leaving something out and you say, "Well,

2212
02:27:16,320 --> 02:27:19,160
 I need to sit down and look at the details."

2213
02:27:19,160 --> 02:27:24,640
 It's just like when they gave those neighborhood meetings, being a nerd, they didn't give the

2214
02:27:24,640 --> 02:27:28,880
 site plan to me at that time, they showed pretty pictures.

2215
02:27:28,880 --> 02:27:34,960
 Pretty pictures don't impress me.

2216
02:27:34,960 --> 02:27:40,800
 Just going along with this, I point out about Razor Ranch, when that was approved, there

2217
02:27:40,800 --> 02:27:46,280
 were pretty pictures there too, showed Abercrombie and Fitch, a museum, amphitheater, a performance

2218
02:27:46,280 --> 02:27:52,720
 venue and a mall with premium department stores, but what we got was Walmart, Sam's, WinCo

2219
02:27:52,720 --> 02:28:01,160
 and a bunch of fast food and that's kind of what we see when we look at pretty pictures.

2220
02:28:01,160 --> 02:28:08,920
 Pretty pictures don't form promises that can be enforced and so with that, I thank you

2221
02:28:08,920 --> 02:28:09,920
 very much.

2222
02:28:09,920 --> 02:28:11,840
 If you have any questions, I'll try to answer them.

2223
02:28:11,840 --> 02:28:12,840
 Great.

2224
02:28:12,840 --> 02:28:13,840
 Thank you, Mr. Drake.

2225
02:28:13,840 --> 02:28:14,840
 Any questions?

2226
02:28:14,840 --> 02:28:23,120
 I have actually a couple for you, sir.

2227
02:28:23,120 --> 02:28:24,120
 You had several points about fire access.

2228
02:28:24,120 --> 02:28:25,120
 Yes.

2229
02:28:25,120 --> 02:28:26,120
 There is two points of access.

2230
02:28:26,120 --> 02:28:30,240
 Your concern, it seems like we need to codify the easement first for that to meet your expectations,

2231
02:28:30,240 --> 02:28:33,160
 my understanding that correctly.

2232
02:28:33,160 --> 02:28:38,880
 If you're talking about this second access point here, Brookdale's, well, that's locked

2233
02:28:38,880 --> 02:28:45,120
 for one thing and it's how is Brookdale's parking lot a fire access easement?

2234
02:28:45,120 --> 02:28:49,120
 Has that been approved as a fire access easement?

2235
02:28:49,120 --> 02:28:52,920
 Your concern is making sure that's approved to meet the second easement, correct?

2236
02:28:52,920 --> 02:28:56,040
 If that's approved, that would satisfy the concern there for you?

2237
02:28:56,040 --> 02:29:02,280
 Well, that concern perhaps, but the thing is, I think even more concerning to me is

2238
02:29:02,280 --> 02:29:09,220
 the fact that 24 feet in width and 26 feet in width is the absolute bare minimum for

2239
02:29:09,220 --> 02:29:11,040
 fire access roads.

2240
02:29:11,040 --> 02:29:15,760
 As you can see in the definition up here from the fire code, a fire lane is not necessarily

2241
02:29:15,760 --> 02:29:21,200
 intended for both vehicular traffic other than fire apparatus.

2242
02:29:21,200 --> 02:29:25,040
 And you may need a street around there too.

2243
02:29:25,040 --> 02:29:27,000
 This is too narrow for a street.

2244
02:29:27,000 --> 02:29:33,080
 This counts as an alley according to our criteria manual at 24 feet.

2245
02:29:33,080 --> 02:29:39,280
 This 26 feet is the bare minimum needed for aerial apparatus to get a ladder out there

2246
02:29:39,280 --> 02:29:44,200
 without riggers and be able to get to the top floor in the event of a fire.

2247
02:29:44,200 --> 02:29:47,680
 Right, but you agree that it meets the minimum for fire lane?

2248
02:29:47,680 --> 02:29:53,500
 Oh, no, I don't think it does because I don't think that that was legitimately two points

2249
02:29:53,500 --> 02:29:54,500
 of access.

2250
02:29:54,500 --> 02:30:00,160
 The width of a fire lane, it does meet the minimum requirement.

2251
02:30:00,160 --> 02:30:05,000
 The 24 feet is the minimum requirement assuming that you have appropriate access for your

2252
02:30:05,000 --> 02:30:07,760
 vehicles to get in and out.

2253
02:30:07,760 --> 02:30:11,200
 It's not intended to be a vehicle access point.

2254
02:30:11,200 --> 02:30:16,640
 That's put right out there in the definition of fire lane.

2255
02:30:16,640 --> 02:30:17,640
 I understand.

2256
02:30:17,640 --> 02:30:23,560
 I was just trying to focus on the one point you're making about the width being a concern,

2257
02:30:23,560 --> 02:30:25,960
 but it meets code.

2258
02:30:25,960 --> 02:30:30,940
 The minimum access for aerial apparatus is 26 feet.

2259
02:30:30,940 --> 02:30:36,720
 The minimum fire access width for otherwise is 24 feet.

2260
02:30:36,720 --> 02:30:38,920
 That's what the fire code says.

2261
02:30:38,920 --> 02:30:39,920
 Okay, perfect.

2262
02:30:39,920 --> 02:30:44,160
 The other question I had is, is this the same developer that developed in Razor Ranch?

2263
02:30:44,160 --> 02:30:45,160
 No.

2264
02:30:45,160 --> 02:30:46,160
 Okay.

2265
02:30:46,160 --> 02:30:47,160
 Do you?

2266
02:30:47,160 --> 02:30:48,160
 Okay.

2267
02:30:48,160 --> 02:30:52,520
 I don't know if it's a fair assessment to judge another developer on this project.

2268
02:30:52,520 --> 02:30:55,200
 I don't know if anyone would want that in our industries.

2269
02:30:55,200 --> 02:30:57,080
 I didn't mean to suggest that.

2270
02:30:57,080 --> 02:31:01,320
 All I wanted to say was that what we've seen and what we saw in our neighborhood meetings

2271
02:31:01,320 --> 02:31:04,040
 was a bunch of pretty pictures.

2272
02:31:04,040 --> 02:31:08,320
 Pretty pictures are what sold Razor Ranch.

2273
02:31:08,320 --> 02:31:11,440
 That didn't get us what was promised.

2274
02:31:11,440 --> 02:31:17,300
 My point here is not to compare them to Razor Ranch development per se, but just to say

2275
02:31:17,300 --> 02:31:20,920
 that I'm not satisfied by pretty pictures.

2276
02:31:20,920 --> 02:31:22,960
 That's not enforceable.

2277
02:31:22,960 --> 02:31:26,080
 Did you see the Millennium projects, pretty pictures and Corinth, and then their build

2278
02:31:26,080 --> 02:31:27,160
 out and they compare the two?

2279
02:31:27,160 --> 02:31:29,760
 I've driven past the Millennium and Corinth.

2280
02:31:29,760 --> 02:31:30,760
 Okay.

2281
02:31:30,760 --> 02:31:32,640
 How does it compare to the pictures they presented at their approval?

2282
02:31:32,640 --> 02:31:38,040
 It looks very, very similar, but it's not nearly as constrained in its site, and they've

2283
02:31:38,040 --> 02:31:40,560
 got public streets that go around it.

2284
02:31:40,560 --> 02:31:41,560
 Okay.

2285
02:31:41,560 --> 02:31:42,560
 Great.

2286
02:31:42,560 --> 02:31:43,560
 That's all the questions I have.

2287
02:31:43,560 --> 02:31:44,560
 Thank you.

2288
02:31:44,560 --> 02:31:46,760
 Thank you.

2289
02:31:46,760 --> 02:31:53,280
 Next is Dan Lyons, followed by Ken Gold.

2290
02:31:53,280 --> 02:32:03,440
 Hello, my name is Dan Lyons.

2291
02:32:03,440 --> 02:32:06,520
 I live at 2516 Shiloh Road.

2292
02:32:06,520 --> 02:32:12,360
 I'm in that Southridge neighborhood, which we'll be staring directly at that apartment

2293
02:32:12,360 --> 02:32:14,840
 complex that you all are planning to build.

2294
02:32:14,840 --> 02:32:18,560
 A lot of things have been spoken over here.

2295
02:32:18,560 --> 02:32:25,560
 We've been talking a lot about this 40 foot buffer with trees that we're going to have.

2296
02:32:25,560 --> 02:32:31,240
 If you realize how large 40 foot is, that's about the size of this room right over here.

2297
02:32:31,240 --> 02:32:34,800
 That's not that large of a buffer.

2298
02:32:34,800 --> 02:32:40,000
 The fly-through rendering that we saw was rather disingenuous.

2299
02:32:40,000 --> 02:32:47,040
 It didn't show what the properties beyond the first row of properties is going to see.

2300
02:32:47,040 --> 02:32:50,640
 Every day we leave for work, every day we come home from work, we're going to see that

2301
02:32:50,640 --> 02:32:52,760
 apartment complex.

2302
02:32:52,760 --> 02:32:56,440
 It's going to change the entire character of our neighborhood.

2303
02:32:56,440 --> 02:33:00,360
 It's going to decrease property values.

2304
02:33:00,360 --> 02:33:05,360
 The only good thing about it is it'll give us valid arguments to go back to the appraisal

2305
02:33:05,360 --> 02:33:13,880
 district to argue the valuation of our properties.

2306
02:33:13,880 --> 02:33:22,200
 You need to consider what people who are already living in Den, you have to consider how they

2307
02:33:22,200 --> 02:33:25,160
 feel about these type of things.

2308
02:33:25,160 --> 02:33:31,960
 I mean, I'm quite sure that you all wouldn't want something like this by your homes.

2309
02:33:31,960 --> 02:33:38,560
 I just respectfully request that you basically deny this proposal.

2310
02:33:38,560 --> 02:33:44,400
 You have zoning regulations for a reason.

2311
02:33:44,400 --> 02:33:50,800
 I don't know if that reason had changed, right?

2312
02:33:50,800 --> 02:33:57,160
 You have zoning regulations for a purpose.

2313
02:33:57,160 --> 02:33:58,160
 That's all I have to say.

2314
02:33:58,160 --> 02:33:59,640
 Well, I appreciate it, Mr. Lyons.

2315
02:33:59,640 --> 02:34:00,800
 Thanks for being here.

2316
02:34:00,800 --> 02:34:04,280
 Any questions?

2317
02:34:04,280 --> 02:34:08,920
 Next is Ken Gold, followed by Russell Black.

2318
02:34:08,920 --> 02:34:14,640
 If you could just state your name and address for the record, you have four minutes.

2319
02:34:14,640 --> 02:34:15,640
 All right.

2320
02:34:15,640 --> 02:34:24,200
 Can I get the Skycam to work, please, ma'am?

2321
02:34:24,200 --> 02:34:25,200
 My name is Ken Gold.

2322
02:34:25,200 --> 02:34:28,780
 I live at 2512 Natchez Trace.

2323
02:34:28,780 --> 02:34:31,840
 My back fence is that eight-foot wooden fence they're supposed to be providing.

2324
02:34:31,840 --> 02:34:36,640
 I already built it for them.

2325
02:34:36,640 --> 02:34:42,480
 This is from in your backup, this is exhibit eight, the conceptual elevation.

2326
02:34:42,480 --> 02:34:45,240
 I just put the one piece of it.

2327
02:34:45,240 --> 02:34:47,600
 This is me standing in my backyard.

2328
02:34:47,600 --> 02:34:48,600
 This is the apartment house.

2329
02:34:48,600 --> 02:34:54,320
 You can see, obviously, I can see it except for this little thin buffer of trees, which

2330
02:34:54,320 --> 02:34:59,000
 might block some of it, but not so much in the winter.

2331
02:34:59,000 --> 02:35:01,720
 That's the main point I want to say there.

2332
02:35:01,720 --> 02:35:03,200
 This is also from the backup.

2333
02:35:03,200 --> 02:35:06,000
 This is exhibit six, the proposed site plan.

2334
02:35:06,000 --> 02:35:09,800
 Again, you've talked about this access over here.

2335
02:35:09,800 --> 02:35:14,000
 Part of the reason this is not going to connect with Bucky's anytime soon is because you've

2336
02:35:14,000 --> 02:35:18,360
 got an ESA down here and the riparian areas right there.

2337
02:35:18,360 --> 02:35:27,160
 What this all used to be is a great big cross timbers upland habitat, which in your backup,

2338
02:35:27,160 --> 02:35:29,420
 this is the black and white picture.

2339
02:35:29,420 --> 02:35:36,280
 This was at one time, all of this area here was all cross timbers.

2340
02:35:36,280 --> 02:35:42,240
 We've whittled it down, but I consider that just because this area is only 7.6 acres and

2341
02:35:42,240 --> 02:35:46,680
 they're claiming it can't be designated as cross timbers upland habitat because it's less

2342
02:35:46,680 --> 02:35:51,040
 than 10, if you include this part, which was originally part of it, and this part over

2343
02:35:51,040 --> 02:35:55,360
 here that's Bucky's in the ESA, this is all one big habitat.

2344
02:35:55,360 --> 02:36:02,500
 I think you need to consider carefully whether or not this project is worthwhile enough to

2345
02:36:02,500 --> 02:36:05,080
 disrupt this habitat.

2346
02:36:05,080 --> 02:36:09,080
 The main problem, though, right before you is that it's too tall.

2347
02:36:09,080 --> 02:36:11,280
 I'm really not interested in looking out and seeing them.

2348
02:36:11,280 --> 02:36:16,160
 I'm looking at them looking back at me.

2349
02:36:16,160 --> 02:36:17,920
 I'll try to go as fast as I can here.

2350
02:36:17,920 --> 02:36:20,880
 I've got probably more than four minutes' worth.

2351
02:36:20,880 --> 02:36:24,880
 The target demographic, as I said, is professional business people.

2352
02:36:24,880 --> 02:36:27,860
 Maybe that'll hold, maybe not, but you can't hold them to it.

2353
02:36:27,860 --> 02:36:33,600
 The fire code comments that were made earlier, I think the minimum of the two access points

2354
02:36:33,600 --> 02:36:42,560
 without a shared access easement, there's nothing to keep that second access in the existing

2355
02:36:42,560 --> 02:36:43,560
 agreement.

2356
02:36:43,560 --> 02:36:47,080
 There's been nothing I've seen in writing of any kind of agreement with Brookdale.

2357
02:36:47,080 --> 02:36:52,920
 I think that's a key criteria that you need to have before you approve anything.

2358
02:36:52,920 --> 02:36:58,520
 And then the Bucky side, I think you need to make sure that does not connect.

2359
02:36:58,520 --> 02:37:03,360
 A transportation impact analysis, they're going to be dumping a lot of people onto that

2360
02:37:03,360 --> 02:37:08,040
 interstate and it's going to all end up at breaker, and that's a nightmare at certain

2361
02:37:08,040 --> 02:37:09,040
 times of the day.

2362
02:37:09,040 --> 02:37:21,560
 I've already estimated 1,274 weekday trips added to that area, and 79 to 100 a.m. and

2363
02:37:21,560 --> 02:37:25,120
 p.m. peak time vehicle trips.

2364
02:37:25,120 --> 02:37:30,440
 I think you're required or you should be doing an impact analysis if it's over a thousand

2365
02:37:30,440 --> 02:37:31,440
 vehicles.

2366
02:37:31,440 --> 02:37:32,440
 I haven't seen that one was done.

2367
02:37:32,440 --> 02:37:37,480
 I would like to know what really the numbers are or if these are just numbers that the

2368
02:37:37,480 --> 02:37:40,800
 developer has come up with.

2369
02:37:40,800 --> 02:37:48,360
 I think the developer must demonstrate that he will minimally impact the surrounding area

2370
02:37:48,360 --> 02:37:51,360
 rather than just say he's going to.

2371
02:37:51,360 --> 02:38:00,880
 I think the proposed increase in height will cause additional negative impacts on the neighborhood,

2372
02:38:00,880 --> 02:38:05,960
 and a significant amount of buffering is not 65 feet of trees left.

2373
02:38:05,960 --> 02:38:10,360
 That's not a significant amount of buffering when you have seven and a half acres of trees

2374
02:38:10,360 --> 02:38:13,640
 to start with.

2375
02:38:13,640 --> 02:38:24,160
 Again, back on the cross timbers upland habitat, that's a unique forest type, heavily treed.

2376
02:38:24,160 --> 02:38:30,460
 The existing tree canopy is quite impressive.

2377
02:38:30,460 --> 02:38:33,800
 In the spring, the city staff recommended a full tree survey.

2378
02:38:33,800 --> 02:38:36,520
 I have not seen any evidence that that was done.

2379
02:38:36,520 --> 02:38:40,120
 It was not in the backup provided to you today.

2380
02:38:40,120 --> 02:38:42,840
 There are a lot of heritage and quality trees there.

2381
02:38:42,840 --> 02:38:46,960
 All trees over six inches in diameter are supposed to be protected.

2382
02:38:46,960 --> 02:38:55,320
 In the southeast is a retention pond to catch all the storm drain off, drain runoff that's

2383
02:38:55,320 --> 02:38:58,640
 going to be generated by all the concrete.

2384
02:38:58,640 --> 02:38:59,640
 It's going to go somewhere.

2385
02:38:59,640 --> 02:39:00,640
 It's going into that pond.

2386
02:39:00,640 --> 02:39:06,080
 And the reason that pond is on that southeast side is because that's where the ESA is, on

2387
02:39:06,080 --> 02:39:08,320
 Buckeye's northwest side.

2388
02:39:08,320 --> 02:39:13,800
 That's all one related community of trees and wildlife.

2389
02:39:13,800 --> 02:39:19,720
 I think it has significant ecological value that the special permit needed for this is

2390
02:39:19,720 --> 02:39:24,000
 not justified by just another apartment house in Denton.

2391
02:39:24,000 --> 02:39:28,600
 There's a critical linkage between that piece of property and that ESA for wildlife.

2392
02:39:28,600 --> 02:39:34,080
 It's a wildlife corridor, it enables movement, provides shelter and cover for the animals,

2393
02:39:34,080 --> 02:39:38,160
 and provides food and proper amounts to sustain that wildlife.

2394
02:39:38,160 --> 02:39:41,320
 If that's bulldozed and concrete's put in there, those animals are going to come into

2395
02:39:41,320 --> 02:39:42,960
 my neighborhood.

2396
02:39:42,960 --> 02:39:44,040
 They got no place else to go.

2397
02:39:44,040 --> 02:39:47,960
 If you look at the map, there's no more connectivity on that side of town.

2398
02:39:47,960 --> 02:39:51,600
 On that side of Lilliam Miller or that side of 35, that's all been basically cut into

2399
02:39:51,600 --> 02:39:54,560
 pieces and now they're all confined right there.

2400
02:39:54,560 --> 02:39:56,160
 You're fixing to run them somewhere.

2401
02:39:56,160 --> 02:39:57,160
 They're going somewhere.

2402
02:39:57,160 --> 02:40:02,160
 They're coming into my neighborhood, at least at first.

2403
02:40:02,160 --> 02:40:07,520
 I never really saw any copies of what's called the viewshed analysis by the city.

2404
02:40:07,520 --> 02:40:10,520
 All I've seen was that conceptual elevation.

2405
02:40:10,520 --> 02:40:12,840
 I assume that was the developers.

2406
02:40:12,840 --> 02:40:18,720
 I don't know if there is an official city viewshed analysis of what is actually going

2407
02:40:18,720 --> 02:40:24,080
 to be seen from the backyards or from the apartment house back into the backyards, but

2408
02:40:24,080 --> 02:40:27,600
 it's going to affect property values.

2409
02:40:27,600 --> 02:40:30,000
 It's going to affect the neighborhood adversely.

2410
02:40:30,000 --> 02:40:31,320
 There's no way to deny it.

2411
02:40:31,320 --> 02:40:36,240
 It's going to affect that whole piece of the world because that environment there that

2412
02:40:36,240 --> 02:40:45,480
 the cross timbers upland habitat protects right now just by neglect is going to change

2413
02:40:45,480 --> 02:40:50,400
 fundamentally and that's going to adversely affect not just the environment but my house.

2414
02:40:50,400 --> 02:40:51,400
 Thank you.

2415
02:40:51,400 --> 02:40:54,320
 Mr. Gold, I have a couple of questions for you.

2416
02:40:54,320 --> 02:40:55,520
 I appreciate your insight.

2417
02:40:55,520 --> 02:40:58,720
 You seem well informed and certainly appreciate that.

2418
02:40:58,720 --> 02:41:03,080
 You said the 65 foot buffer was not wide enough.

2419
02:41:03,080 --> 02:41:06,400
 As discussed earlier, Commissioner Smith brought it up to the applicant.

2420
02:41:06,400 --> 02:41:12,480
 If we deny the SUP, the right to build will remove potentially that buffer from 65 feet

2421
02:41:12,480 --> 02:41:14,240
 down to 20 feet.

2422
02:41:14,240 --> 02:41:18,760
 Is that preferred over the 65 foot if given the height comes down?

2423
02:41:18,760 --> 02:41:19,960
 That's not really a choice.

2424
02:41:19,960 --> 02:41:26,040
 There is no proposal for a three story or larger plant.

2425
02:41:26,040 --> 02:41:28,480
 That's just a speculative possibility.

2426
02:41:28,480 --> 02:41:32,840
 I'm not sure it makes economic sense for them to do it that way.

2427
02:41:32,840 --> 02:41:35,120
 I don't know that there is any way that they would do it.

2428
02:41:35,120 --> 02:41:36,940
 I've not seen any plans or any proposals.

2429
02:41:36,940 --> 02:41:39,360
 So that's not really a dichotomy here.

2430
02:41:39,360 --> 02:41:41,560
 I don't know what would happen.

2431
02:41:41,560 --> 02:41:43,560
 I would have to see.

2432
02:41:43,560 --> 02:41:44,720
 Fair.

2433
02:41:44,720 --> 02:41:51,520
 You would rather run that risk than support this project though, correct?

2434
02:41:51,520 --> 02:41:54,960
 It's got the zoning for a lot of things to go in there.

2435
02:41:54,960 --> 02:41:58,280
 But for some reason, they have not happened.

2436
02:41:58,280 --> 02:42:02,840
 So my risk tolerance is pretty high on that.

2437
02:42:02,840 --> 02:42:03,840
 Perfect.

2438
02:42:03,840 --> 02:42:07,080
 And then you're a former fireman, correct?

2439
02:42:07,080 --> 02:42:08,080
 Yes.

2440
02:42:08,080 --> 02:42:11,040
 Do you have any issue with the fire lane width or the ability for apparatus to service that

2441
02:42:11,040 --> 02:42:12,040
 building?

2442
02:42:12,040 --> 02:42:14,080
 As Mr. Drake was saying, that's the minimum.

2443
02:42:14,080 --> 02:42:17,640
 When you operate at the minimum, you're likely to have a little problem on down the road.

2444
02:42:17,640 --> 02:42:22,880
 I would like to see it wider because you're going to have cars going alongside the apparatus

2445
02:42:22,880 --> 02:42:29,760
 with its outriggers and the ladder up as people continue to evacuate.

2446
02:42:29,760 --> 02:42:32,400
 Yeah, wider is better.

2447
02:42:32,400 --> 02:42:36,760
 Yes, that is the bare absolute minimum.

2448
02:42:36,760 --> 02:42:38,840
 It's technically legal.

2449
02:42:38,840 --> 02:42:39,840
 Yeah.

2450
02:42:39,840 --> 02:42:43,560
 A trust code provides the firefighters enough ability to work and I think there's some confident

2451
02:42:43,560 --> 02:42:44,720
 ones in Denton.

2452
02:42:44,720 --> 02:42:49,040
 That being said, in your experience on apartment fires, a lot of cars leaving the apartment

2453
02:42:49,040 --> 02:42:51,280
 when the fire is on or they walk out of the building?

2454
02:42:51,280 --> 02:42:53,600
 Well, initially, they walk to their car.

2455
02:42:53,600 --> 02:42:57,040
 They walk to the car and then drive out of the structured parking garage?

2456
02:42:57,040 --> 02:42:58,040
 If they can.

2457
02:42:58,040 --> 02:43:04,520
 Sometimes we trap them with hose, they can't leave, but they will if they can.

2458
02:43:04,520 --> 02:43:05,520
 Make sure they can't leave in a car.

2459
02:43:05,520 --> 02:43:08,520
 Well, I mean, they can walk out.

2460
02:43:08,520 --> 02:43:09,520
 Yeah.

2461
02:43:09,520 --> 02:43:13,320
 But yeah, sometimes when we lay a lot of hose, it cuts off big sections of the parking lot.

2462
02:43:13,320 --> 02:43:18,040
 I'm just trying to visualize in the moment of a structure fire, multi-family with a structured

2463
02:43:18,040 --> 02:43:24,920
 garage, engines show up, you got ladders, what the actual traffic flow in that moment

2464
02:43:24,920 --> 02:43:25,920
 is.

2465
02:43:25,920 --> 02:43:29,960
 I've never seen it, so I don't know the actual...

2466
02:43:29,960 --> 02:43:32,560
 It varies, of course, and depends on what time of day.

2467
02:43:32,560 --> 02:43:37,000
 If they're all going to work, the traffic will be much lower trying to go against the

2468
02:43:37,000 --> 02:43:38,720
 incoming fire apparatus.

2469
02:43:38,720 --> 02:43:44,080
 At night, it's going to be a lot more, everybody's at home and if they want to go, they're going

2470
02:43:44,080 --> 02:43:45,080
 to try to get out.

2471
02:43:45,080 --> 02:43:46,080
 Understood.

2472
02:43:46,080 --> 02:43:47,080
 I appreciate your perspective.

2473
02:43:47,080 --> 02:43:48,080
 Christopher Pruitt?

2474
02:43:48,080 --> 02:43:49,600
 Yeah, just real quick.

2475
02:43:49,600 --> 02:43:55,280
 You mentioned that you hadn't seen a tree survey on this plan.

2476
02:43:55,280 --> 02:43:56,280
 Right.

2477
02:43:56,280 --> 02:44:01,080
 I could be wrong on this, but I believe exhibit seven, the proposed landscape plan and tree

2478
02:44:01,080 --> 02:44:05,000
 preservation plan, includes a survey at the tail end.

2479
02:44:05,000 --> 02:44:06,000
 There's a list of tag trees.

2480
02:44:06,000 --> 02:44:08,560
 Is that on the backup that was provided with the agenda?

2481
02:44:08,560 --> 02:44:11,480
 Yeah, and you can find that on the website as well.

2482
02:44:11,480 --> 02:44:12,480
 Okay.

2483
02:44:12,480 --> 02:44:13,480
 I just didn't find it.

2484
02:44:13,480 --> 02:44:14,480
 Sure.

2485
02:44:14,480 --> 02:44:15,480
 I just didn't see it.

2486
02:44:15,480 --> 02:44:16,480
 Okay.

2487
02:44:16,480 --> 02:44:17,480
 I'll look for it now.

2488
02:44:17,480 --> 02:44:18,480
 Thank you.

2489
02:44:18,480 --> 02:44:19,480
 Thank you very much.

2490
02:44:19,480 --> 02:44:20,480
 I don't see any other questions.

2491
02:44:20,480 --> 02:44:21,480
 Thank you.

2492
02:44:21,480 --> 02:44:24,480
 Next is Russell Black and then Eric Robertson.

2493
02:44:24,480 --> 02:44:31,800
 Do you need to state your name and address?

2494
02:44:31,800 --> 02:44:32,800
 You have four minutes.

2495
02:44:32,800 --> 02:44:33,800
 Sure.

2496
02:44:33,800 --> 02:44:34,800
 My name's Russell Black.

2497
02:44:34,800 --> 02:44:38,160
 I live at 2304 Shenandoah Trail.

2498
02:44:38,160 --> 02:44:42,920
 I'm right there just south of Natchez Trace.

2499
02:44:42,920 --> 02:44:48,600
 I'm obviously concerned about any development that's happening around my subdivision, but

2500
02:44:48,600 --> 02:44:55,400
 no, I'm not right there with some of the homeowners that have spoken before.

2501
02:44:55,400 --> 02:45:02,280
 One of the speakers, the owner representative said something to the effect of if we don't

2502
02:45:02,280 --> 02:45:10,840
 build it to 60 feet, then we're going to be forced to build at 40 feet and then cut out

2503
02:45:10,840 --> 02:45:21,520
 the walking trail and the buffer between the Southridge community and the apartment complex.

2504
02:45:21,520 --> 02:45:24,920
 Is that, are those our only two choices?

2505
02:45:24,920 --> 02:45:32,160
 Let them build a 60 foot structure or a 40 foot eyesore.

2506
02:45:32,160 --> 02:45:35,200
 Has the number of units already been approved?

2507
02:45:35,200 --> 02:45:37,120
 I just recently got pulled into this.

2508
02:45:37,120 --> 02:45:40,840
 I had no real idea that this was happening.

2509
02:45:40,840 --> 02:45:44,680
 It sounds like it's already been sold.

2510
02:45:44,680 --> 02:45:48,760
 They own the property and they can build what?

2511
02:45:48,760 --> 02:45:55,240
 Within a number of units or within, I mean, have they gotten an approved design?

2512
02:45:55,240 --> 02:45:57,720
 No, not at all.

2513
02:45:57,720 --> 02:46:01,440
 So they can't just say, okay, well, then we're just going to cut into that space.

2514
02:46:01,440 --> 02:46:04,920
 They could propose that, but we can say no, right?

2515
02:46:04,920 --> 02:46:05,920
 It depends.

2516
02:46:05,920 --> 02:46:08,560
 There is by right ability to build.

2517
02:46:08,560 --> 02:46:13,620
 So they have, there are several use cases in that zoning in which it wouldn't come back

2518
02:46:13,620 --> 02:46:14,620
 to P&Z.

2519
02:46:14,620 --> 02:46:15,880
 It would not come to council.

2520
02:46:15,880 --> 02:46:18,640
 They could just go file a plat and build.

2521
02:46:18,640 --> 02:46:21,360
 That's an alternative to the discussion we're having tonight.

2522
02:46:21,360 --> 02:46:26,520
 The discussion we're having tonight is specifically for them to raise the height of the structure

2523
02:46:26,520 --> 02:46:28,000
 that they're proposing to build.

2524
02:46:28,000 --> 02:46:33,540
 And then this body is recommending either an approval or a denial to city council.

2525
02:46:33,540 --> 02:46:34,920
 For the increase in height.

2526
02:46:34,920 --> 02:46:37,000
 That's correct.

2527
02:46:37,000 --> 02:46:45,080
 The width of that buffer though is up to their discretion within what, 20 feet?

2528
02:46:45,080 --> 02:46:46,480
 Is that what it sounded like?

2529
02:46:46,480 --> 02:46:53,480
 If we say no, then they can come back and not have to come back here to get approval

2530
02:46:53,480 --> 02:47:00,920
 for what width of buffer and what level of care for the people behind them.

2531
02:47:00,920 --> 02:47:07,160
 Obviously they want to do what's right for them and somewhat for us, but they're more

2532
02:47:07,160 --> 02:47:09,160
 concerned about themselves.

2533
02:47:09,160 --> 02:47:17,220
 If they are already approved to build a structure and only put in a 20 foot buffer between us

2534
02:47:17,220 --> 02:47:24,960
 and my neighbors, then yeah, I'll take the 60 feet, but you're giving me no choice.

2535
02:47:24,960 --> 02:47:30,240
 It's not a legitimate choice, but that's what I don't understand.

2536
02:47:30,240 --> 02:47:32,320
 Is that really what it is?

2537
02:47:32,320 --> 02:47:39,320
 So there's no way this commission would know the alternative to Mr. Gold's point.

2538
02:47:39,320 --> 02:47:43,760
 If this is denied, there's not a plan B that they've filed with the city that this is what

2539
02:47:43,760 --> 02:47:44,760
 they're doing.

2540
02:47:44,760 --> 02:47:49,200
 But they don't have to file if it's within a certain width, right?

2541
02:47:49,200 --> 02:47:50,200
 And what is that width?

2542
02:47:50,200 --> 02:47:52,320
 Do we know what that width is?

2543
02:47:52,320 --> 02:47:54,600
 So Haley, can you just clarify?

2544
02:47:54,600 --> 02:47:56,120
 It's that buffer that I care about.

2545
02:47:56,120 --> 02:47:58,280
 Just the setback?

2546
02:47:58,280 --> 02:48:02,800
 Sure, the minimum buffer width required by code between multifamily and single family

2547
02:48:02,800 --> 02:48:04,000
 is 10 feet.

2548
02:48:04,000 --> 02:48:05,000
 10 feet.

2549
02:48:05,000 --> 02:48:06,000
 Correct.

2550
02:48:06,000 --> 02:48:11,440
 They would have some angled building if they come to 10 feet, though, because of the setback,

2551
02:48:11,440 --> 02:48:12,440
 is that correct?

2552
02:48:12,440 --> 02:48:13,440
 Correct.

2553
02:48:13,440 --> 02:48:16,400
 If they brought the building within 50 feet of the single family zoning, they would have

2554
02:48:16,400 --> 02:48:20,680
 a maximum height of 40 feet for that first 50 feet into their property.

2555
02:48:20,680 --> 02:48:24,600
 And then above that, they could go beyond 40 with an S&P.

2556
02:48:24,600 --> 02:48:28,120
 So they potentially could bring 40 feet to 10 feet of the property line.

2557
02:48:28,120 --> 02:48:29,120
 Correct.

2558
02:48:29,120 --> 02:48:30,120
 Yup.

2559
02:48:30,120 --> 02:48:31,120
 That's what we don't know if they would do or not.

2560
02:48:31,120 --> 02:48:34,120
 I mean, they could still do that now, right?

2561
02:48:34,120 --> 02:48:35,120
 Correct.

2562
02:48:35,120 --> 02:48:38,120
 I mean, I don't want to give them any ideas, but ...

2563
02:48:38,120 --> 02:48:44,800
 That is a possibility, and I think that's the root of this discussion.

2564
02:48:44,800 --> 02:48:51,600
 The law has given me no real ability to say no against this, because other than the points

2565
02:48:51,600 --> 02:48:57,200
 that Mr. Drake has brought up, the idea of saying, "Okay, well, we're going to say no

2566
02:48:57,200 --> 02:49:02,440
 to them and have a 40-foot-high building that's going to encroach and be very visible from

2567
02:49:02,440 --> 02:49:09,720
 the backyards," and no privacy, and you've got the pools there.

2568
02:49:09,720 --> 02:49:15,460
 If you put yourself in those people's position, and given the law, given the constraints that

2569
02:49:15,460 --> 02:49:22,240
 they have right now, there really is no real choice, I think.

2570
02:49:22,240 --> 02:49:23,240
 Thanks for clarifying for me.

2571
02:49:23,240 --> 02:49:27,960
 I didn't understand all of the nuances, and I'm not happy with any of it, but ...

2572
02:49:27,960 --> 02:49:28,960
 Understood.

2573
02:49:28,960 --> 02:49:31,960
 I appreciate you being here.

2574
02:49:31,960 --> 02:49:37,040
 The next individual to speak is Eric Robertson, and I need you to state your name and address

2575
02:49:37,040 --> 02:49:38,040
 for the record.

2576
02:49:38,040 --> 02:49:39,040
 You have four minutes.

2577
02:49:39,040 --> 02:49:40,040
 Good evening, everyone.

2578
02:49:40,040 --> 02:49:41,040
 My name's Eric Robertson.

2579
02:49:41,040 --> 02:49:44,760
 I'm at 2501 Shiloh Road.

2580
02:49:44,760 --> 02:49:49,680
 Just one of the first points, I know much has already been said, but I just wanted to

2581
02:49:49,680 --> 02:49:54,540
 stress that I think this special use permit is actually incompatible with the surrounding

2582
02:49:54,540 --> 02:49:55,540
 area.

2583
02:49:55,540 --> 02:49:59,280
 We've talked about the elderly care, the nursing home that's right behind us.

2584
02:49:59,280 --> 02:50:05,860
 There is no other multi-story dwelling building nearest, and so that in and of itself is incompatible

2585
02:50:05,860 --> 02:50:10,320
 with the current area where we're at.

2586
02:50:10,320 --> 02:50:14,960
 Secondly on that, they talked about renting to professionals, things like that.

2587
02:50:14,960 --> 02:50:19,720
 And there's nothing in their agreement or by law or anything that binds them to that.

2588
02:50:19,720 --> 02:50:24,920
 They could get four college kids running out of two-bedroom, and you'd have a frat party

2589
02:50:24,920 --> 02:50:29,240
 up on the top floor, right outside your backyard.

2590
02:50:29,240 --> 02:50:35,680
 Secondly on that, I wanted to say that they did mention intention on using the fire, addressing

2591
02:50:35,680 --> 02:50:38,720
 the fire access ... What do you call it?

2592
02:50:38,720 --> 02:50:39,720
 I'm sorry.

2593
02:50:39,720 --> 02:50:40,720
 Just a moment.

2594
02:50:40,720 --> 02:50:47,280
 ... access points for fire, and they mentioned using the Bucky's parking lot, but I don't

2595
02:50:47,280 --> 02:50:53,160
 know if you guys know that we have a lot of elderly retired people in nursing home at

2596
02:50:53,160 --> 02:50:58,200
 the Brookdale facility right behind us, and if you use that as an access point for any

2597
02:50:58,200 --> 02:51:02,640
 kind of an egress, people are going to get hurt, and that's somebody's mother or grandmother.

2598
02:51:02,640 --> 02:51:06,560
 Somebody there is going to get hurt when you start dumping 400 of your closest friends

2599
02:51:06,560 --> 02:51:09,780
 in their backyard, and they have a difficult time walking.

2600
02:51:09,780 --> 02:51:15,320
 Those residents routinely go around the Brookdale facility to get their exercise, and now you're

2601
02:51:15,320 --> 02:51:18,600
 going to put that at risk with 400 people doing a possible egress.

2602
02:51:18,600 --> 02:51:20,320
 I work for a major airline.

2603
02:51:20,320 --> 02:51:23,040
 Every time we have an egress, somebody gets hurt.

2604
02:51:23,040 --> 02:51:25,040
 Just know that.

2605
02:51:25,040 --> 02:51:29,880
 The other thing we talked about were homeless camps.

2606
02:51:29,880 --> 02:51:32,840
 I'm concerned about them doing their due diligence, keeping that clean.

2607
02:51:32,840 --> 02:51:37,080
 I think enough's been said about that.

2608
02:51:37,080 --> 02:51:41,720
 The noise, we had an issue with Bucky's coming in.

2609
02:51:41,720 --> 02:51:44,560
 Bucky's stressed that they would take care of the noise, mitigate it.

2610
02:51:44,560 --> 02:51:48,960
 I can tell you after the fact, we hear a lot more noise, twice as much noise as we ever

2611
02:51:48,960 --> 02:51:49,960
 did before.

2612
02:51:49,960 --> 02:51:54,600
 It's to the point where I'm in my patio and I can't even have a conversation because of

2613
02:51:54,600 --> 02:51:58,560
 the noise, and now you're going to add something on this side of the property, which is going

2614
02:51:58,560 --> 02:52:00,400
 to further that.

2615
02:52:00,400 --> 02:52:06,640
 Having people, 234 families, and having them being able to look into your backyard, and

2616
02:52:06,640 --> 02:52:12,240
 then having that area where they can just congregate right outside the boundary area,

2617
02:52:12,240 --> 02:52:14,200
 it's going to further increase the noise.

2618
02:52:14,200 --> 02:52:20,120
 Furthermore, I've lived in the area for 22 years since 1999, bought it.

2619
02:52:20,120 --> 02:52:22,080
 It's been a great place to raise four kids.

2620
02:52:22,080 --> 02:52:23,340
 It's been quiet.

2621
02:52:23,340 --> 02:52:26,120
 It's been a very great neighborhood.

2622
02:52:26,120 --> 02:52:29,200
 You're going to change the property value of our neighborhood by doing this.

2623
02:52:29,200 --> 02:52:31,920
 Furthermore, if I wanted to go see animals, I would go to the zoo.

2624
02:52:31,920 --> 02:52:37,120
 Now we're bringing the zoo to us with the form of a dog park on the side of Brookdale.

2625
02:52:37,120 --> 02:52:41,480
 I'm quite sure the elderly residents don't want a dog park right in their backyard.

2626
02:52:41,480 --> 02:52:43,800
 I'm going to just say enough about that.

2627
02:52:43,800 --> 02:52:44,800
 That's all I have.

2628
02:52:44,800 --> 02:52:45,800
 I appreciate your consideration.

2629
02:52:45,800 --> 02:52:46,800
 I appreciate you being here.

2630
02:52:46,800 --> 02:52:47,800
 I don't see any questions.

2631
02:52:47,800 --> 02:52:48,800
 Thank you.

2632
02:52:48,800 --> 02:52:58,720
 Stuart, do we still have individuals waiting on the phone to speak?

2633
02:52:58,720 --> 02:53:23,440
 Yes, sir, I can send them in now.

2634
02:53:23,440 --> 02:53:24,440
 Good evening.

2635
02:53:24,440 --> 02:53:25,440
 You're with the Planning and Zoning Commission.

2636
02:53:25,440 --> 02:53:32,760
 If you could state your name and address for the record, you'll have four minutes to speak.

2637
02:53:32,760 --> 02:53:33,760
 Good evening.

2638
02:53:33,760 --> 02:53:34,760
 You're with the Planning and Zoning Commission.

2639
02:53:34,760 --> 02:53:37,760
 If you could just state your name and address for the record, you'll have four minutes to

2640
02:53:37,760 --> 02:53:38,760
 speak.

2641
02:53:38,760 --> 02:53:39,760
 Hi.

2642
02:53:39,760 --> 02:53:40,760
 Thank you.

2643
02:53:40,760 --> 02:53:41,760
 I'm sorry.

2644
02:53:41,760 --> 02:53:42,760
 I'm trying to mute this here.

2645
02:53:42,760 --> 02:53:43,760
 I'm sorry.

2646
02:53:43,760 --> 02:53:44,760
 This is Jeffrey Roman.

2647
02:53:44,760 --> 02:53:45,760
 I'm also here with my wife, Kristen.

2648
02:53:45,760 --> 02:53:51,000
 We live at 2420 Natchez Trace.

2649
02:53:51,000 --> 02:53:57,440
 We're one of the properties that's right up behind this new development.

2650
02:53:57,440 --> 02:54:00,640
 I told the gentleman on the phone I was going to be rather quick because a lot of really

2651
02:54:00,640 --> 02:54:01,920
 good points have been made here.

2652
02:54:01,920 --> 02:54:05,480
 I don't see any point going back over every one of them.

2653
02:54:05,480 --> 02:54:09,000
 One thing that I would like to point out is that the gentleman, the developer here had

2654
02:54:09,000 --> 02:54:13,120
 mentioned and showed some income levels.

2655
02:54:13,120 --> 02:54:19,520
 And just to echo what I heard just a few minutes ago, $12 an hour part-time, 32 hours a week,

2656
02:54:19,520 --> 02:54:21,840
 turns out to just shy of $20,000.

2657
02:54:21,840 --> 02:54:24,660
 And one of the lower thresholds that they had on there was $50,000.

2658
02:54:24,660 --> 02:54:29,920
 So I don't see it very hard to get someone right out of high school or a part-time college

2659
02:54:29,920 --> 02:54:36,520
 age couple of kids that are going to be able to get into one of these units.

2660
02:54:36,520 --> 02:54:39,720
 And I don't see any way that they're going to be able to stereotype exactly who rents

2661
02:54:39,720 --> 02:54:40,760
 and who doesn't rent.

2662
02:54:40,760 --> 02:54:45,920
 So while it sounded good that it's going to be professionals and medical personnel that

2663
02:54:45,920 --> 02:54:50,660
 are living here, there's going to be no way for them to stereotype that.

2664
02:54:50,660 --> 02:54:53,840
 The other thing that one of the renderings I don't think showed is that there are a number

2665
02:54:53,840 --> 02:54:56,960
 of two-story houses that are along the fence line.

2666
02:54:56,960 --> 02:55:00,820
 And every rendering that we saw only showed one-story houses.

2667
02:55:00,820 --> 02:55:05,160
 And when you start getting into a 60-foot building and now we've got a second story

2668
02:55:05,160 --> 02:55:11,240
 that looks out, which happens to be my kids' bedrooms and their playroom upstairs, it poses

2669
02:55:11,240 --> 02:55:19,280
 an even more of a noise and visual pollution to where we live.

2670
02:55:19,280 --> 02:55:23,680
 I'm also just going to say that we've lived in this neighborhood for about seven years

2671
02:55:23,680 --> 02:55:24,680
 now.

2672
02:55:24,680 --> 02:55:27,840
 The lady that lived next to us lived here.

2673
02:55:27,840 --> 02:55:32,920
 She built her house here and it said that there have been numerous ideas planned here

2674
02:55:32,920 --> 02:55:35,800
 in the past and that none of them ever worked.

2675
02:55:35,800 --> 02:55:39,640
 So I'm just questioning, those of you that are going to end up voting on this tonight,

2676
02:55:39,640 --> 02:55:44,200
 I realize that this looks different and while the renderings look very, very nice on this,

2677
02:55:44,200 --> 02:55:50,680
 I'm questioning as to why is it that maybe dozens of people have come before this particular

2678
02:55:50,680 --> 02:55:56,240
 company and never been able to make it work and now all of a sudden we've got something,

2679
02:55:56,240 --> 02:56:00,360
 they seem to have this magical, it's going to make this plan and this piece of property

2680
02:56:00,360 --> 02:56:01,360
 work.

2681
02:56:01,360 --> 02:56:08,640
 I'd also like to add in here that, you know, if we lived over close into the razor ranch

2682
02:56:08,640 --> 02:56:13,020
 area, you know, where there's a bunch of apartments that are going up right now, it would be one

2683
02:56:13,020 --> 02:56:14,020
 thing.

2684
02:56:14,020 --> 02:56:18,080
 There aren't really houses that are being built right next to that, but the people that

2685
02:56:18,080 --> 02:56:22,520
 have bought and live in this neighborhood, bought in here thinking that, I mean, this

2686
02:56:22,520 --> 02:56:24,840
 is a huge green space behind our property.

2687
02:56:24,840 --> 02:56:27,320
 There's not going to be anything that's ever developed here.

2688
02:56:27,320 --> 02:56:30,800
 Property values are going to be good and they've been very good, again, in the last couple

2689
02:56:30,800 --> 02:56:31,800
 of years.

2690
02:56:31,800 --> 02:56:35,000
 By putting something here, if this was one of you, the six of you that are voting, if

2691
02:56:35,000 --> 02:56:39,320
 this was your property that was backing up to this and someone was to tell you there

2692
02:56:39,320 --> 02:56:45,840
 was a four-story apartment complex going up, you would hope that those that are voting

2693
02:56:45,840 --> 02:56:50,200
 on your behalf would vote no, just for the simple fact of the noise pollution, the visual

2694
02:56:50,200 --> 02:56:55,800
 pollution, the possible crime that may come with an apartment complex and then just also

2695
02:56:55,800 --> 02:56:57,240
 the decreased property values.

2696
02:56:57,240 --> 02:57:02,040
 While I know the decreased property values don't affect the income that this particular

2697
02:57:02,040 --> 02:57:06,880
 developer's going to have, I just ask you to take that into consideration.

2698
02:57:06,880 --> 02:57:11,200
 And then another point that I just want to echo is there really aren't any multifamily

2699
02:57:11,200 --> 02:57:14,680
 housing units that are in the Southridge area.

2700
02:57:14,680 --> 02:57:19,000
 I realize we're not in the old part of Southridge because Southridge is a rather historic area

2701
02:57:19,000 --> 02:57:26,720
 in Denton and to wedge basically the only four-story building in this tiny little plot

2702
02:57:26,720 --> 02:57:33,200
 of land right here, while the law and the code and everything may say that it's okay.

2703
02:57:33,200 --> 02:57:36,200
 Just because the law says it's correct and the code says it's correct doesn't mean it's

2704
02:57:36,200 --> 02:57:37,400
 the right thing to do.

2705
02:57:37,400 --> 02:57:41,980
 So I would just ask you to take that in consideration when you vote this evening.

2706
02:57:41,980 --> 02:57:44,320
 And that's all I have.

2707
02:57:44,320 --> 02:57:46,280
 I appreciate that, Mr. Roman.

2708
02:57:46,280 --> 02:57:47,280
 Thank you for calling.

2709
02:57:47,280 --> 02:57:48,280
 Thank you.

2710
02:57:48,280 --> 02:58:15,560
 Stuart, can you send the next one through?

2711
02:58:15,560 --> 02:58:16,560
 Good evening.

2712
02:58:16,560 --> 02:58:17,560
 You're with the Planning and Zoning Commission.

2713
02:58:17,560 --> 02:58:20,480
 If you could just state your name and address for the record, you'll have four minutes to

2714
02:58:20,480 --> 02:58:21,480
 speak.

2715
02:58:21,480 --> 02:58:23,520
 And that's all I have.

2716
02:58:23,520 --> 02:58:24,520
 Okay.

2717
02:58:24,520 --> 02:58:25,520
 Thank you.

2718
02:58:25,520 --> 02:58:26,520
 I appreciate that, Mr. Roman.

2719
02:58:26,520 --> 02:58:27,520
 Thank you for calling.

2720
02:58:27,520 --> 02:58:30,520
 You can begin already.

2721
02:58:30,520 --> 02:58:32,080
 Hello?

2722
02:58:32,080 --> 02:58:36,400
 Hello, you're with the Planning and Zoning Commission.

2723
02:58:36,400 --> 02:58:41,880
 If you just state your name and address for the record, you'll have four minutes to speak.

2724
02:58:41,880 --> 02:58:42,880
 Thank you.

2725
02:58:42,880 --> 02:58:44,840
 My name is Ann Berry.

2726
02:58:44,840 --> 02:58:49,120
 I'm at 2500 Natchez Trace.

2727
02:58:49,120 --> 02:58:54,960
 My property backs directly to the proposed development.

2728
02:58:54,960 --> 02:59:00,160
 There have been a lot of very excellent points made.

2729
02:59:00,160 --> 02:59:05,360
 And I don't want to take up any more of your evening reiterating those.

2730
02:59:05,360 --> 02:59:13,320
 One in particular that I don't feel has been really addressed enough is the fact that this

2731
02:59:13,320 --> 02:59:20,600
 heavy tree canopy is largely, if not 100%, made up of deciduous trees.

2732
02:59:20,600 --> 02:59:28,480
 So while all the beautiful renderings that show what I believe is somewhat inaccurate

2733
02:59:28,480 --> 02:59:37,620
 viewpoint of what the visual is going to be from these residents in the apartment into

2734
02:59:37,620 --> 02:59:39,520
 our backyard and into our homes.

2735
02:59:39,520 --> 02:59:45,240
 I have a two story home with two stories of uncovered windows.

2736
02:59:45,240 --> 02:59:49,040
 And then also my view into their apartments.

2737
02:59:49,040 --> 02:59:54,760
 Five months of the year, we are not full of leaves back there.

2738
02:59:54,760 --> 03:00:01,040
 I know there's a tremendous difference to the noise pollution in my backyard just from

2739
03:00:01,040 --> 03:00:07,400
 the existing retail and highway during the time of year that I have leaves versus when

2740
03:00:07,400 --> 03:00:08,400
 I don't.

2741
03:00:08,400 --> 03:00:11,120
 These buffer out a lot of that noise.

2742
03:00:11,120 --> 03:00:19,480
 So if this proposal were to move forward with this special use permit that literally doesn't

2743
03:00:19,480 --> 03:00:26,040
 guarantee us anything except that this building is going to be 20 feet taller than what it's

2744
03:00:26,040 --> 03:00:32,760
 currently zoned for, that's going to dramatically decrease our quality of life.

2745
03:00:32,760 --> 03:00:40,560
 I believe our safety will be at risk because we don't know what type of residents will

2746
03:00:40,560 --> 03:00:41,560
 be moving there.

2747
03:00:41,560 --> 03:00:46,800
 I also believe that there's a huge safety concern for the residents of this development.

2748
03:00:46,800 --> 03:00:57,560
 There's no safe turn onto the I-35 access road from there for the -- there were 371

2749
03:00:57,560 --> 03:00:59,240
 parking spaces listed.

2750
03:00:59,240 --> 03:01:04,680
 So if there's 371 cars pulling out onto this access road, which is already much more high

2751
03:01:04,680 --> 03:01:12,280
 volume than it was before because the on-ramp to I-35 is now pushed beyond the brink or

2752
03:01:12,280 --> 03:01:13,280
 buckies stoplight.

2753
03:01:13,280 --> 03:01:18,560
 So that forces a much higher volume of traffic through there.

2754
03:01:18,560 --> 03:01:25,720
 And this is an incredibly unsafe way for the residents of this new community to come and

2755
03:01:25,720 --> 03:01:32,440
 go from this new residents.

2756
03:01:32,440 --> 03:01:33,440
 >> Thank you very much for calling in.

2757
03:01:33,440 --> 03:01:41,360
 Stuart, can we pass the next one through?

2758
03:01:41,360 --> 03:01:46,600
 >> Yes, I will pass him through right now.

2759
03:01:46,600 --> 03:02:06,520
 >> Good evening, you're with the planning and zoning commission.

2760
03:02:06,520 --> 03:02:10,640
 If you could state your name and address for the record, you have four minutes to speak.

2761
03:02:10,640 --> 03:02:19,320
 >> Nathan, can you hear me?

2762
03:02:19,320 --> 03:02:20,320
 >> We can.

2763
03:02:20,320 --> 03:02:21,320
 >> Okay.

2764
03:02:21,320 --> 03:02:22,320
 Awesome.

2765
03:02:22,320 --> 03:02:28,440
 Well, there are six points the planning and zoning commission shall consider to approve

2766
03:02:28,440 --> 03:02:31,960
 the permit that the developers are requesting.

2767
03:02:31,960 --> 03:02:37,840
 I want to point out to you that this proposal is directly opposed to at least two of the

2768
03:02:37,840 --> 03:02:38,840
 six.

2769
03:02:38,840 --> 03:02:44,200
 The first one mentions that the proposal has to be compatible with the surrounding area.

2770
03:02:44,200 --> 03:02:50,280
 And this proposal is not compatible with our surrounding area, with our backyard.

2771
03:02:50,280 --> 03:02:58,920
 Particularly related to the height, my understanding it's going to be around the 60 foot building.

2772
03:02:58,920 --> 03:03:02,440
 And I just want to point out that there actually is a retaining wall in our backyard about

2773
03:03:02,440 --> 03:03:10,600
 four to five foot high, and the property is located on a hill in relation to our backyard.

2774
03:03:10,600 --> 03:03:17,920
 So to me, you know, 60 foot turns into 65, 66, 67, you know, really quick.

2775
03:03:17,920 --> 03:03:24,280
 And so it will really be -- really be concerned with privacy for our children.

2776
03:03:24,280 --> 03:03:27,640
 We have three little boys.

2777
03:03:27,640 --> 03:03:35,880
 And I know the developer is really felling that the 40 foot of -- of tree line proposed

2778
03:03:35,880 --> 03:03:42,680
 in there is going to block -- block that, but, you know, the trees are not -- the trees

2779
03:03:42,680 --> 03:03:46,280
 in our backyard are not redwoods, they're just not a rainforest back there.

2780
03:03:46,280 --> 03:03:49,520
 You know, they're not -- they're not -- you know, they're not really tall enough to block

2781
03:03:49,520 --> 03:03:53,600
 it, and even if they were, in the winter, you know, all the leaves are gone.

2782
03:03:53,600 --> 03:04:00,240
 So I'm very concerned about the privacy in our backyard, and there will likely be people

2783
03:04:00,240 --> 03:04:05,600
 in the department complex looking straight down if it was that high.

2784
03:04:05,600 --> 03:04:10,480
 The second one that I believe -- the second point that I believe that this is opposed

2785
03:04:10,480 --> 03:04:18,680
 to is related to impacts associated with access, traffic, emergency services, utilities, parking

2786
03:04:18,680 --> 03:04:25,200
 revenues, areas, noise, glare, and odor.

2787
03:04:25,200 --> 03:04:29,680
 You know, I was going to mention that this -- this is backing up right there to 35, right

2788
03:04:29,680 --> 03:04:37,960
 there -- 35 Service Road, and that intersection at Brinker at rush hour and at 8 o'clock in

2789
03:04:37,960 --> 03:04:41,840
 the morning, I drive it every day, drive my kids off, it's backed up quite a bit.

2790
03:04:41,840 --> 03:04:48,480
 Even I've seen it backed up so far as to it backing up all the way onto the freeway.

2791
03:04:48,480 --> 03:04:53,240
 That exit on the freeway right there to exit to go to the Buc-Eats.

2792
03:04:53,240 --> 03:04:58,840
 So is there any way the committee here could consider, you know, what would -- or traffic

2793
03:04:58,840 --> 03:05:05,840
 study, what would that do to that intersection traffic-wise, and would that affect the freeway,

2794
03:05:05,840 --> 03:05:13,000
 the entrance to the freeway -- or sorry, the exit from the freeway there, exiting to get

2795
03:05:13,000 --> 03:05:14,000
 off to Buc-Eats?

2796
03:05:14,000 --> 03:05:18,520
 And also, too, in our neighborhood, that -- to go to Dallas, you know, I think a lot of -- a

2797
03:05:18,520 --> 03:05:23,080
 lot of people work down there in Dallas and further south, and we have to wait at that

2798
03:05:23,080 --> 03:05:24,080
 Brinker light.

2799
03:05:24,080 --> 03:05:30,320
 So there would be way more traffic there and a lot -- a lot of congestion.

2800
03:05:30,320 --> 03:05:31,320
 Okay.

2801
03:05:31,320 --> 03:05:36,480
 Another point I was going to mention is, you know, the developer, again, is really selling

2802
03:05:36,480 --> 03:05:42,640
 that they're really going to really promote this to millennial and, you know, a more -- more

2803
03:05:42,640 --> 03:05:48,520
 mature group, and I appreciate the developer's aspiration and them trying to do that.

2804
03:05:48,520 --> 03:05:53,320
 However, I work at -- I work at UNT, and I'm quite familiar with all the apartment complexes

2805
03:05:53,320 --> 03:05:54,320
 in the surrounding area.

2806
03:05:54,320 --> 03:06:03,600
 I'm pretty sure I've been to all of them at least once or twice, and I just -- I'm not

2807
03:06:03,600 --> 03:06:08,280
 so sure that you're really going to be able to risk it, you know, college students not

2808
03:06:08,280 --> 03:06:09,280
 living there.

2809
03:06:09,280 --> 03:06:15,560
 To me, that doesn't seem that doable.

2810
03:06:15,560 --> 03:06:19,560
 You know, you have -- you had mentioned -- I think they mentioned their rent was $11.50

2811
03:06:19,560 --> 03:06:21,980
 for one bedroom, if I remember right.

2812
03:06:21,980 --> 03:06:27,200
 You know, one bedroom close to UNT, I think, is $1,900 right now, maybe a little more.

2813
03:06:27,200 --> 03:06:33,240
 So it's very likely that college students will predominantly occupy this complex.

2814
03:06:33,240 --> 03:06:40,520
 And with college students, comes the noise, comes the party -- partying, and this would

2815
03:06:40,520 --> 03:06:46,360
 be a safety concern for my three children who play a lot in the backyard with the noise

2816
03:06:46,360 --> 03:06:48,560
 and partying.

2817
03:06:48,560 --> 03:06:55,240
 You know, you know, just drug -- drug use, alcohol, all the things that take place.

2818
03:06:55,240 --> 03:06:59,360
 And as many of you know, unfortunately, there have even been student -- apartment complexes

2819
03:06:59,360 --> 03:07:05,840
 in the past few years, I think those in this meeting are aware of that.

2820
03:07:05,840 --> 03:07:11,040
 And we're concerned for the safety of our children with that kind of atmosphere kind

2821
03:07:11,040 --> 03:07:14,040
 of in our backyard.

2822
03:07:14,040 --> 03:07:20,720
 Also too, I know this is small, but anyway, smoke, you know, there's a lot of wind blowing

2823
03:07:20,720 --> 03:07:27,960
 and, you know, I think a lot of the people will probably be smoking cigarettes or making,

2824
03:07:27,960 --> 03:07:30,340
 you know, doing different kinds of things.

2825
03:07:30,340 --> 03:07:35,480
 So we're also concerned of that blowing into our -- into our house.

2826
03:07:35,480 --> 03:07:41,200
 Yeah, that's pretty much all I have.

2827
03:07:41,200 --> 03:07:42,200
 Thank you for your time.

2828
03:07:42,200 --> 03:07:45,880
 >> Well, I certainly appreciate you taking time and waiting on hold so patiently to provide

2829
03:07:45,880 --> 03:07:46,880
 us your perspective.

2830
03:07:46,880 --> 03:07:47,880
 Thank you.

2831
03:07:47,880 --> 03:07:48,880
 >> Thank you.

2832
03:07:48,880 --> 03:07:52,920
 >> Stuart, is there any other callers?

2833
03:07:52,920 --> 03:07:54,840
 >> That was our final caller.

2834
03:07:54,840 --> 03:07:56,120
 >> Perfect.

2835
03:07:56,120 --> 03:08:01,840
 We did have a couple additional cards that didn't wish to speak, but I want to read them

2836
03:08:01,840 --> 03:08:02,840
 to the record.

2837
03:08:02,840 --> 03:08:11,640
 Misty Gold is opposed, Maureen Froshauer is opposed, Terry Froshauer is opposed, Bernice

2838
03:08:11,640 --> 03:08:13,320
 Benford is opposed.

2839
03:08:13,320 --> 03:08:18,580
 We also had nine comments emailed to all the commissioners the past couple of days and

2840
03:08:18,580 --> 03:08:23,200
 all nine were opposed as well.

2841
03:08:23,200 --> 03:08:24,200
 This is a public hearing.

2842
03:08:24,200 --> 03:08:26,120
 Anyone wishing to speak may certainly do so.

2843
03:08:26,120 --> 03:08:30,320
 At this time, we're going to turn it over to Dias to hopefully follow up on some questions

2844
03:08:30,320 --> 03:08:32,280
 for staff and the applicant.

2845
03:08:32,280 --> 03:08:34,800
 >> Thank you, Chair.

2846
03:08:34,800 --> 03:08:44,960
 Mr. Rivera, may I ask you a couple of questions real quick?

2847
03:08:44,960 --> 03:08:45,960
 And Mr. Zao.

2848
03:08:45,960 --> 03:08:46,960
 Zao, correct?

2849
03:08:46,960 --> 03:08:47,960
 Right.

2850
03:08:47,960 --> 03:08:51,840
 I have a question for you as well.

2851
03:08:51,840 --> 03:08:56,440
 The fencing around the property, there's fencing completely enclosing the entire property,

2852
03:08:56,440 --> 03:08:57,440
 is that correct?

2853
03:08:57,440 --> 03:08:58,440
 >> Correct.

2854
03:08:58,440 --> 03:09:05,680
 >> So the concerns about the possible transient population of those experiencing homelessness,

2855
03:09:05,680 --> 03:09:15,200
 setting up camp in that buffer area, it will be a fully enclosed and sealed property itself,

2856
03:09:15,200 --> 03:09:19,560
 so there's not walkways going through the property, there's no open areas unless they

2857
03:09:19,560 --> 03:09:24,560
 were to swim through the detention pond or something like that?

2858
03:09:24,560 --> 03:09:29,920
 >> So the fencing, you know, there's fencing along the south line, and that is an eight-foot

2859
03:09:29,920 --> 03:09:33,560
 fence there that we're proposing.

2860
03:09:33,560 --> 03:09:40,640
 And then along the west line is a, I believe that is a six-foot metal fence there.

2861
03:09:40,640 --> 03:09:43,600
 So those two boundaries will be fenced.

2862
03:09:43,600 --> 03:09:47,780
 We actually are not proposing a fence along the north.

2863
03:09:47,780 --> 03:09:53,160
 There is a grade change on that north fire lane behind the retail.

2864
03:09:53,160 --> 03:09:58,560
 That makes it a little bit difficult to get down to our fire lane over here, especially

2865
03:09:58,560 --> 03:10:02,800
 in this area where it's a low spot, but there is, there's, I believe there's no fencing

2866
03:10:02,800 --> 03:10:03,800
 there.

2867
03:10:03,800 --> 03:10:05,800
 There might be a chain link on their side.

2868
03:10:05,800 --> 03:10:09,840
 I'd have to look at our survey.

2869
03:10:09,840 --> 03:10:15,780
 >> It still would separate, if there was concerns about there possibly being a transient population,

2870
03:10:15,780 --> 03:10:21,600
 it would still separate the neighborhood from, if there was population there, but the population

2871
03:10:21,600 --> 03:10:26,900
 is already back there as it is, and there's, yeah, okay, understood.

2872
03:10:26,900 --> 03:10:27,900
 Thank you for that one.

2873
03:10:27,900 --> 03:10:30,600
 I think that answers my question on that.

2874
03:10:30,600 --> 03:10:37,000
 The Brookdale agreement, with the fire lane, emergency access only there, you speak to,

2875
03:10:37,000 --> 03:10:40,560
 is there an official agreement with Brookdale on that in paper somewhere?

2876
03:10:40,560 --> 03:10:45,560
 >> So they have a fire lane on their site plan that goes around their building.

2877
03:10:45,560 --> 03:10:49,920
 And it's funny that some of it is built on this property, actually encroached onto this

2878
03:10:49,920 --> 03:10:52,480
 property with a portion of their fire lane.

2879
03:10:52,480 --> 03:11:00,160
 We have correspondence and calls with them that we've documented that say that the Brookdale

2880
03:11:00,160 --> 03:11:04,800
 and their attorneys are okay with access provided with these conditions.

2881
03:11:04,800 --> 03:11:09,000
 And some of those conditions are some monetary things that William and his team would have

2882
03:11:09,000 --> 03:11:10,960
 to provide for in order to get the easement.

2883
03:11:10,960 --> 03:11:16,700
 >> City staff, can I ask you a question about that?

2884
03:11:16,700 --> 03:11:24,640
 And no offense, Mr. Rivera, but conversations, verbal agreements, written correspondence

2885
03:11:24,640 --> 03:11:28,720
 don't sound like a contract to me.

2886
03:11:28,720 --> 03:11:33,080
 Do we have to have any improvement for that, for this to be able to truly stand as an emergency

2887
03:11:33,080 --> 03:11:39,760
 access piece of that is, can you kind of shed light on what would really need to be constituted

2888
03:11:39,760 --> 03:11:45,080
 as a contract, be able to say that that can be counted in the ideal of the fire code,

2889
03:11:45,080 --> 03:11:49,200
 that that is an emergency access only, and the right of way to go through another property,

2890
03:11:49,200 --> 03:11:51,400
 owner's property, to get access to that property?

2891
03:11:51,400 --> 03:11:52,400
 >> Sure.

2892
03:11:52,400 --> 03:11:56,800
 At this point in time, what's attached to this SUP would be a conceptual plan that reflects

2893
03:11:56,800 --> 03:11:59,360
 the intent to have that second point of access.

2894
03:11:59,360 --> 03:12:01,320
 The fire marshal did review that plan.

2895
03:12:01,320 --> 03:12:05,480
 They agreed that it meets the minimums of the fire code.

2896
03:12:05,480 --> 03:12:10,080
 So what we would typically expect is when some sort of offsite easement or cross-access

2897
03:12:10,080 --> 03:12:15,080
 agreement is necessary that is provided to staff, fully executed and documented, the

2898
03:12:15,080 --> 03:12:16,080
 filed recorded copies.

2899
03:12:16,080 --> 03:12:17,080
 >> Before preliminary plot.

2900
03:12:17,080 --> 03:12:18,080
 Okay.

2901
03:12:18,080 --> 03:12:19,080
 Got you.

2902
03:12:19,080 --> 03:12:20,080
 Awesome.

2903
03:12:20,080 --> 03:12:21,080
 Awesome.

2904
03:12:21,080 --> 03:12:24,200
 So there is a checkpoint in which that contract would have to be in place for it before it

2905
03:12:24,200 --> 03:12:25,200
 can move forward.

2906
03:12:25,200 --> 03:12:26,560
 The constructing is even done.

2907
03:12:26,560 --> 03:12:27,560
 >> Sure.

2908
03:12:27,560 --> 03:12:28,560
 >> Understood.

2909
03:12:28,560 --> 03:12:34,040
 Mr. Zal, I'll ask you your question, I'll come back to you, Mr. Rivera.

2910
03:12:34,040 --> 03:12:41,120
 The Millennial Crest in Corinth, I know I've seen that property driving down 35, very close

2911
03:12:41,120 --> 03:12:44,240
 to the NCTC campus down there.

2912
03:12:44,240 --> 03:12:50,320
 Any guess at how many North Central Texas college students are in your facility there?

2913
03:12:50,320 --> 03:12:51,320
 Any idea whatsoever?

2914
03:12:51,320 --> 03:12:52,320
 >> Yes.

2915
03:12:52,320 --> 03:12:54,320
 I can tell you it's zero.

2916
03:12:54,320 --> 03:12:55,320
 >> Zero?

2917
03:12:55,320 --> 03:12:56,320
 >> Zero.

2918
03:12:56,320 --> 03:13:03,200
 And to answer one of the callers or the audience question, we actually have a lot of UNT professor

2919
03:13:03,200 --> 03:13:09,200
 faculties, including the county sheriff, they're leaving our project.

2920
03:13:09,200 --> 03:13:18,840
 The reason for that is they like to be quiet, they're enclosed community, and as you know,

2921
03:13:18,840 --> 03:13:22,040
 the currently a lot of people working from home.

2922
03:13:22,040 --> 03:13:31,960
 So the comfortable living unit is very important to the faculty or professionals.

2923
03:13:31,960 --> 03:13:39,440
 We do have, I can share with anybody, we have quite a few UNT faculty drive all the way

2924
03:13:39,440 --> 03:13:42,680
 to Corinth and stay in our property in there.

2925
03:13:42,680 --> 03:13:43,680
 >> Okay.

2926
03:13:43,680 --> 03:13:48,040
 Last question, I think it goes to both of you guys.

2927
03:13:48,040 --> 03:13:52,800
 And this is probably the crux of really, I think, everyone's concerns and what was talked

2928
03:13:52,800 --> 03:13:58,680
 about and pointed to chair and to us as a commission, if in the event that this SUP

2929
03:13:58,680 --> 03:14:06,720
 is not approved, do you still see this property as a viable project that you can still produce

2930
03:14:06,720 --> 03:14:11,800
 the product that you want, Mr. Zao, and underneath the stipulations that engineering can provide

2931
03:14:11,800 --> 03:14:15,000
 within the by right requirements of that zoning?

2932
03:14:15,000 --> 03:14:19,600
 Do you still see that as has been asked by us as a commission that well, there is no

2933
03:14:19,600 --> 03:14:25,520
 plan B out there, do you see there if this is not approved that okay, well, we'll pull

2934
03:14:25,520 --> 03:14:29,840
 out our plan B that we haven't filed the city because there's not a reason to file the city,

2935
03:14:29,840 --> 03:14:33,480
 but you can see that there's still be a product that would still be marketable, that's still

2936
03:14:33,480 --> 03:14:38,080
 be profitable, that could still be done engineering wise, that you would end up building by right

2937
03:14:38,080 --> 03:14:44,800
 with no approval or agreement from their input from the neighborhood surrounding it.

2938
03:14:44,800 --> 03:14:53,280
 >> Let me answer in this question, even today with all the commissioners and the chairman,

2939
03:14:53,280 --> 03:14:58,960
 if we do have your support, our job is not completed.

2940
03:14:58,960 --> 03:15:05,160
 We were recording every day, every input we received tonight, we will continue communication

2941
03:15:05,160 --> 03:15:08,680
 because we still need to go through the council for the final approval.

2942
03:15:08,680 --> 03:15:09,680
 >> Sure.

2943
03:15:09,680 --> 03:15:11,880
 >> And so we are not to be done in there.

2944
03:15:11,880 --> 03:15:21,200
 And answer your question, with the current zoning requirement in this piece of land and

2945
03:15:21,200 --> 03:15:29,340
 with the canopy coverage ratio requirement and the tree preservation requirement in there,

2946
03:15:29,340 --> 03:15:35,280
 this piece of property will be vacant for the foreseeable future.

2947
03:15:35,280 --> 03:15:41,840
 The reason for that is this kind of urban living is providing a compact footprint.

2948
03:15:41,840 --> 03:15:55,560
 If we can do it by right, we won't come through this difficult road to come here asking for

2949
03:15:55,560 --> 03:15:56,720
 everybody.

2950
03:15:56,720 --> 03:16:02,800
 Because we are also aware of no matter what we do, we still need to go through the neighborhood.

2951
03:16:02,800 --> 03:16:10,200
 We need to have their understanding of communication, continue with them in there, and those component

2952
03:16:10,200 --> 03:16:12,680
 has to be there.

2953
03:16:12,680 --> 03:16:20,520
 If you ask me about the current right, based on a right to build it, then we will be, you

2954
03:16:20,520 --> 03:16:24,160
 know, kill all the trees on the site to do it.

2955
03:16:24,160 --> 03:16:30,960
 And in order to comply with the filing, comply with the coverage ratio, it's going to be

2956
03:16:30,960 --> 03:16:32,640
 extremely difficult.

2957
03:16:32,640 --> 03:16:41,240
 And luckily, because we are in an economic booming situation, I think the construction

2958
03:16:41,240 --> 03:16:42,240
 material is going up.

2959
03:16:42,240 --> 03:16:48,120
 At the same time, the market can support a little bit better economic condition.

2960
03:16:48,120 --> 03:16:51,760
 That's why making our product is possible today.

2961
03:16:51,760 --> 03:16:52,760
 Thank you.

2962
03:16:52,760 --> 03:16:53,760
 I hope I answered your question.

2963
03:16:53,760 --> 03:17:00,380
 >> And I'd like to expand on that, because if you look at the Millennium Place Apartments

2964
03:17:00,380 --> 03:17:06,360
 in Corinth, that's six acres, I think there's 228 units, it's four stories, it's surface

2965
03:17:06,360 --> 03:17:09,560
 parked, okay, on six acres.

2966
03:17:09,560 --> 03:17:16,680
 Our area of disturbance of impact is reduced down to about four or so acres here because

2967
03:17:16,680 --> 03:17:22,160
 we're doing the structured garage with the four story.

2968
03:17:22,160 --> 03:17:27,320
 If we looked at it from going down to three stories, we wouldn't be able to do the structured

2969
03:17:27,320 --> 03:17:33,280
 garage, and our footprint would greatly expand, you know, up probably an acre and a half more

2970
03:17:33,280 --> 03:17:34,340
 or so.

2971
03:17:34,340 --> 03:17:38,300
 And I'm just comparing that to our experience at the Millennium One, because it's a very

2972
03:17:38,300 --> 03:17:43,960
 similar kind of compare, they're both four stories, one's structured part, one's surface

2973
03:17:43,960 --> 03:17:49,600
 part, but the footprint of impact is greater on the Corinth piece than this one.

2974
03:17:49,600 --> 03:17:52,920
 I think the retail would go, for sure, would have to go.

2975
03:17:52,920 --> 03:17:57,680
 >> But from an engineering standpoint, and from basically what it sounded like from Mr.

2976
03:17:57,680 --> 03:18:03,200
 Zallen, correct me if I'm wrong, I'm paraphrasing this back, that if it wasn't approved, that

2977
03:18:03,200 --> 03:18:06,800
 yes, there could be a project that would come out.

2978
03:18:06,800 --> 03:18:09,720
 >> There could be a project, it would be a different type of product, it wouldn't have

2979
03:18:09,720 --> 03:18:12,640
 as high quality amenities to it.

2980
03:18:12,640 --> 03:18:17,200
 Because we're offering those internal corridors, directly access into the structured garage

2981
03:18:17,200 --> 03:18:26,760
 for residents, and that would not be possible if we were to lower the building height and

2982
03:18:26,760 --> 03:18:27,760
 stretch it out.

2983
03:18:27,760 --> 03:18:32,080
 >> Obviously not the same quality of product, but there would be a product?

2984
03:18:32,080 --> 03:18:34,480
 >> There could be a product, yes, yes.

2985
03:18:34,480 --> 03:18:35,480
 >> Okay.

2986
03:18:35,480 --> 03:18:41,200
 That's all the questions I have for you, Chair.

2987
03:18:41,200 --> 03:18:50,880
 >> Chairman, may I say, I think I want to present two, from the developer's standpoint

2988
03:18:50,880 --> 03:18:51,880
 of view.

2989
03:18:51,880 --> 03:18:58,080
 Number one, in terms of noisy-wise, I think everybody be aware of if you go through a

2990
03:18:58,080 --> 03:19:01,600
 major highway, there's always a sound barrier.

2991
03:19:01,600 --> 03:19:07,240
 And this building would be a sound barrier for our neighborhood, that's number one.

2992
03:19:07,240 --> 03:19:15,880
 Number two, our new residents on this project, their recreation area is enclosed within the

2993
03:19:15,880 --> 03:19:22,080
 building two, as you can see in the courtyard swimming pool area.

2994
03:19:22,080 --> 03:19:30,640
 So those, quote-unquote, the residents create a new noise, that's not likely.

2995
03:19:30,640 --> 03:19:39,520
 Third, within the building design code, our building cannot exceed the resident.

2996
03:19:39,520 --> 03:19:46,520
 The building code requires our design is a 52 dB for the noise level.

2997
03:19:46,520 --> 03:19:55,080
 So we specifically calculated from the highway, and so for the residents in our south neighborhood

2998
03:19:55,080 --> 03:20:03,160
 here, likely this building will become a sound barrier for the residents in the south.

2999
03:20:03,160 --> 03:20:08,920
 That's a few things I'd like to input in here.

3000
03:20:08,920 --> 03:20:13,080
 Thank you.

3001
03:20:13,080 --> 03:20:14,080
 >> Thank you.

3002
03:20:14,080 --> 03:20:15,080
 This is a public hearing.

3003
03:20:15,080 --> 03:20:16,080
 Anyone wishing to speak may certainly do so.

3004
03:20:16,080 --> 03:20:17,080
 Is there anyone?

3005
03:20:17,080 --> 03:20:18,080
 Yes, ma'am.

3006
03:20:18,080 --> 03:20:31,240
 Evita, state your name and address for the record, you have four minutes.

3007
03:20:31,240 --> 03:20:36,120
 >> My name is Lee Lyons, I live at 2516 Shiloh Road.

3008
03:20:36,120 --> 03:20:40,360
 A couple of things that I would like every person in this room to think about, and it

3009
03:20:40,360 --> 03:20:42,980
 just hit me as I sat here.

3010
03:20:42,980 --> 03:20:51,040
 The residents of that nursing home and assisted living, their families have chosen that place

3011
03:20:51,040 --> 03:20:57,680
 for them for the best quality of care that they could get for them, and now we're going

3012
03:20:57,680 --> 03:21:05,280
 to put an emergency access lane with sirens, lights, and all these things going off at

3013
03:21:05,280 --> 03:21:08,040
 all hours of the night.

3014
03:21:08,040 --> 03:21:12,240
 And the other thing, this is the only thing else that I will say, is it is very clear

3015
03:21:12,240 --> 03:21:17,840
 to me as I sit here that no one in the neighborhood is in support of this.

3016
03:21:17,840 --> 03:21:22,680
 You have no one that's written to you, as I understand, as you said that.

3017
03:21:22,680 --> 03:21:24,240
 Everyone is in opposition to this.

3018
03:21:24,240 --> 03:21:29,280
 This is not what we want for our neighborhood, and I'm really excited that so many of our

3019
03:21:29,280 --> 03:21:33,980
 neighbors came out and spent their time and those that called in, because this is obviously

3020
03:21:33,980 --> 03:21:37,260
 very important to us, because this is where we live.

3021
03:21:37,260 --> 03:21:41,740
 We are the property taxpayers that are here.

3022
03:21:41,740 --> 03:21:42,740
 Thank you.

3023
03:21:42,740 --> 03:21:43,740
 That's all I'll say.

3024
03:21:43,740 --> 03:21:44,740
 I have a quick question.

3025
03:21:44,740 --> 03:21:48,580
 In your opinion, do you believe that an apartment would have more emergency calls than an elderly

3026
03:21:48,580 --> 03:21:50,560
 care facility?

3027
03:21:50,560 --> 03:21:57,000
 I believe with 232 multifamily units, that is a likely possibility.

3028
03:21:57,000 --> 03:21:58,000
 I don't know.

3029
03:21:58,000 --> 03:22:02,480
 I don't work in the health care field, so I can't answer that from a professional standpoint,

3030
03:22:02,480 --> 03:22:10,060
 but I think it's a concern, particularly late at night, more of police type calls for late

3031
03:22:10,060 --> 03:22:16,280
 night parties, things that happen, I think that's a higher risk in an apartment community.

3032
03:22:16,280 --> 03:22:17,280
 I agree.

3033
03:22:17,280 --> 03:22:21,800
 They would go in the front for police, and my grandmother's a good Sam, and I know she's

3034
03:22:21,800 --> 03:22:28,320
 awakened all the time for emergency calls at that elderly facility.

3035
03:22:28,320 --> 03:22:30,360
 I just think it's something to think about.

3036
03:22:30,360 --> 03:22:31,360
 I agree.

3037
03:22:31,360 --> 03:22:32,360
 Thank you.

3038
03:22:32,360 --> 03:22:33,360
 Thank you.

3039
03:22:33,360 --> 03:22:34,360
 Anyone else wishing to speak?

3040
03:22:34,360 --> 03:22:40,440
 Do you just state your name and address for the record?

3041
03:22:40,440 --> 03:22:41,440
 Hi.

3042
03:22:41,440 --> 03:22:43,440
 I'm Leah Robertson, 2501 Shiloh Road.

3043
03:22:43,440 --> 03:22:51,440
 I live right below the T on the map there, and we've been there 22 years, 21, 22 years.

3044
03:22:51,440 --> 03:22:58,440
 Anyways, my concern is just the light coming through.

3045
03:22:58,440 --> 03:23:04,960
 When Buc-E's came in, we were told they were going to prevent light disrupting us as much

3046
03:23:04,960 --> 03:23:10,800
 as possible, but the way our neighborhood is sloped, we still see Buc-E's.

3047
03:23:10,800 --> 03:23:12,320
 It's just the nature of the business.

3048
03:23:12,320 --> 03:23:19,160
 You've got to have the lights for the safety of Buc-E's, and so we get all that light pollution,

3049
03:23:19,160 --> 03:23:25,580
 and right there, for their safety, you've got to have lights out there, and when the

3050
03:23:25,580 --> 03:23:31,740
 trees don't have leaves in the wintertime, you're going to have all that light coming

3051
03:23:31,740 --> 03:23:40,080
 in our back windows, and that's a concern, because it's just the noise.

3052
03:23:40,080 --> 03:23:47,120
 We get so much noise from ... When they cleared Buc-E's, our noise level went up.

3053
03:23:47,120 --> 03:23:48,480
 It's twice as loud.

3054
03:23:48,480 --> 03:23:55,320
 We sleep with a noise maker, so I can't imagine what that's going to do for us.

3055
03:23:55,320 --> 03:23:58,320
 It's just not going to be good.

3056
03:23:58,320 --> 03:24:01,840
 I hate that, because we're a real sought after neighborhood.

3057
03:24:01,840 --> 03:24:11,600
 People love our neighborhood, because it's always been tucked away, and it makes it desirable.

3058
03:24:11,600 --> 03:24:14,520
 It's going to lose that, so thank you.

3059
03:24:14,520 --> 03:24:20,920
 Thank you.

3060
03:24:20,920 --> 03:24:21,920
 Anyone else wishing to speak?

3061
03:24:21,920 --> 03:24:25,720
 Okay, with that, I'm going to close the public hearing.

3062
03:24:25,720 --> 03:24:31,480
 I'm going to kick off questions real fast, but I've been taking as many notes as possible.

3063
03:24:31,480 --> 03:24:37,200
 Some of the outstanding questions that I'd like to hopefully clear up for some of the

3064
03:24:37,200 --> 03:24:38,200
 individuals who ask.

3065
03:24:38,200 --> 03:24:44,280
 Haley, you might have this first answer of what triggers a traffic study, if there was

3066
03:24:44,280 --> 03:24:47,320
 one done, or if there will be one done.

3067
03:24:47,320 --> 03:24:52,880
 Sure, so there are standard thresholds in the code for when a TIA is required.

3068
03:24:52,880 --> 03:24:59,000
 However, there's also discretionary approval by the city engineer under certain circumstances.

3069
03:24:59,000 --> 03:25:03,300
 In this instance, it was our city engineer's determination that because TxDOT has made

3070
03:25:03,300 --> 03:25:07,720
 all of the improvements that could have possibly been requested of this applicant, that there

3071
03:25:07,720 --> 03:25:09,240
 was no need for a TIA.

3072
03:25:09,240 --> 03:25:15,760
 There's already plans for future improvements by TxDOT and the city at the Brinker Road intersection,

3073
03:25:15,760 --> 03:25:19,560
 so there was nothing additional that that study would help us learn about what needs

3074
03:25:19,560 --> 03:25:22,320
 to be done in this area.

3075
03:25:22,320 --> 03:25:27,000
 When it comes to traffic settings for multifamily, are those traffic studies based on units or

3076
03:25:27,000 --> 03:25:28,000
 parking spots?

3077
03:25:28,000 --> 03:25:30,080
 It is based on the number of units.

3078
03:25:30,080 --> 03:25:31,600
 Okay, thank you.

3079
03:25:31,600 --> 03:25:36,880
 The only other note that I had, and I'll make sure other commissioners have a chance, is

3080
03:25:36,880 --> 03:25:41,240
 Mr. Benford said he was confused about building dimensions.

3081
03:25:41,240 --> 03:25:47,120
 Can someone just jot down the square footprint and length and width of the building for Mr.

3082
03:25:47,120 --> 03:25:48,120
 Benford?

3083
03:25:48,120 --> 03:25:52,560
 Sure, and just for the record, I believe the footprint is just over 75,000 square feet,

3084
03:25:52,560 --> 03:25:54,560
 an actual footprint on the ground.

3085
03:25:54,560 --> 03:25:55,560
 Gotcha.

3086
03:25:55,560 --> 03:25:58,560
 Thank you very much.

3087
03:25:58,560 --> 03:26:00,320
 Commissioner Ellis.

3088
03:26:00,320 --> 03:26:01,320
 Thank you, Chair.

3089
03:26:01,320 --> 03:26:08,780
 Haley, just to piggyback on that question with regard to a TIA, is road impact the only reason

3090
03:26:08,780 --> 03:26:10,400
 that we would want a TIA done?

3091
03:26:10,400 --> 03:26:14,080
 Is there no other knowledge gained that the city would want to gain?

3092
03:26:14,080 --> 03:26:15,080
 Sure.

3093
03:26:15,080 --> 03:26:19,120
 So a TIA is typically done for the purpose of learning what sorts of perimeter street

3094
03:26:19,120 --> 03:26:22,160
 improvements may be required, what sort of intersection improvements may be needed in

3095
03:26:22,160 --> 03:26:25,760
 an area to offset the impacts of a particular development.

3096
03:26:25,760 --> 03:26:28,040
 Right, and in this case, there are none because all the improvements...

3097
03:26:28,040 --> 03:26:33,000
 And in this case, there were not identified that we could possibly need them to analyze.

3098
03:26:33,000 --> 03:26:34,000
 Sure.

3099
03:26:34,000 --> 03:26:37,480
 My question is, is there not anything else that we're going for as a city?

3100
03:26:37,480 --> 03:26:40,000
 Is that literally the only reason we do a TIA?

3101
03:26:40,000 --> 03:26:41,000
 Correct.

3102
03:26:41,000 --> 03:26:44,120
 That is typically all we look for in a TIA.

3103
03:26:44,120 --> 03:26:45,120
 Interesting.

3104
03:26:45,120 --> 03:26:47,120
 Thank you.

3105
03:26:47,120 --> 03:26:54,080
 Any other questions for staff or the applicant?

3106
03:26:54,080 --> 03:27:00,000
 If not, Chair will entertain a motion.

3107
03:27:00,000 --> 03:27:05,360
 No takers.

3108
03:27:05,360 --> 03:27:07,400
 Commissioner Smith.

3109
03:27:07,400 --> 03:27:16,000
 Well, Mr. Binford, you've got to get your answer to your question.

3110
03:27:16,000 --> 03:27:17,000
 Have we...

3111
03:27:17,000 --> 03:27:18,000
 You don't have to come up here.

3112
03:27:18,000 --> 03:27:19,000
 I'm sorry.

3113
03:27:19,000 --> 03:27:20,000
 I'm just using you as an example, Mr. Binford.

3114
03:27:20,000 --> 03:27:21,000
 Sorry for the walk down.

3115
03:27:21,000 --> 03:27:22,000
 Okay.

3116
03:27:22,000 --> 03:27:30,520
 Yes, we've made up our minds, and I think it's important to note that no, as commission,

3117
03:27:30,520 --> 03:27:35,520
 it's impossible to make up our minds until we hear public comment.

3118
03:27:35,520 --> 03:27:40,880
 And I think that there is a great outpouring of public comment that I think has brought

3119
03:27:40,880 --> 03:27:47,400
 up some really important pieces that are, I think, vital for us to consider.

3120
03:27:47,400 --> 03:27:51,840
 But I think the piece that was the most vital point to consider was the question that I

3121
03:27:51,840 --> 03:27:58,360
 asked of the applicant, that could a product be put here if this was not approved?

3122
03:27:58,360 --> 03:28:02,520
 It sounded like for Mr. Zao, and the applicant, you guys can correct me if I'm wrong, but

3123
03:28:02,520 --> 03:28:06,920
 it sounded like for Mr. Zao said that because of construction cost that it probably wouldn't

3124
03:28:06,920 --> 03:28:08,520
 be feasible.

3125
03:28:08,520 --> 03:28:15,560
 And then Mrs. Rivera said that it could be, there could be a project, not that there more

3126
03:28:15,560 --> 03:28:17,080
 than likely would be a project.

3127
03:28:17,080 --> 03:28:22,600
 And so unless there is some correction that can be made from the applicant on that piece,

3128
03:28:22,600 --> 03:28:25,800
 I'm going to make a motion to deny.

3129
03:28:25,800 --> 03:28:29,840
 A lot of that was even after a well-written speech that I had down here about my reason

3130
03:28:29,840 --> 03:28:32,800
 why I was going to make a motion to approve.

3131
03:28:32,800 --> 03:28:41,960
 But it's become clearly evident that if we voted to deny this, if the applicant had a

3132
03:28:41,960 --> 03:28:47,480
 backup plan to build by right, that it would be worse for the neighborhood.

3133
03:28:47,480 --> 03:28:54,020
 And therefore, we would need to approve this because it would protect you and your neighborhood.

3134
03:28:54,020 --> 03:28:58,880
 But it doesn't seem like if we deny this that necessarily there would be a project that

3135
03:28:58,880 --> 03:29:00,680
 would be coming to fruition.

3136
03:29:00,680 --> 03:29:05,280
 Now being this is the Planning and Zoning Commission, City Council could hear this differently

3137
03:29:05,280 --> 03:29:08,200
 but the applicant can still approve this.

3138
03:29:08,200 --> 03:29:13,280
 But from where I stand on the commission, I don't see how we would be protecting the

3139
03:29:13,280 --> 03:29:17,360
 neighborhood by any means and that there would be maybe a project by right that would come

3140
03:29:17,360 --> 03:29:19,840
 in and be built to make a change to the neighborhood.

3141
03:29:19,840 --> 03:29:25,400
 And if there is, then that is the risk that can be run and the product that can be built.

3142
03:29:25,400 --> 03:29:29,360
 So that is my motion.

3143
03:29:29,360 --> 03:29:32,680
 We have a first for denial, Commissioner Ellis.

3144
03:29:32,680 --> 03:29:33,680
 Thank you, Chair.

3145
03:29:33,680 --> 03:29:36,560
 I will second and I will say a few words if I could, please.

3146
03:29:36,560 --> 03:29:37,560
 Absolutely.

3147
03:29:37,560 --> 03:29:41,000
 Thank you, everyone, for coming out and sharing your concerns.

3148
03:29:41,000 --> 03:29:42,720
 The development looks lovely.

3149
03:29:42,720 --> 03:29:44,080
 It really, really does.

3150
03:29:44,080 --> 03:29:46,320
 I appreciate the presentation by the applicant.

3151
03:29:46,320 --> 03:29:49,560
 I appreciate the detailed information from staff.

3152
03:29:49,560 --> 03:29:53,320
 But I'm going to stick with the request before us, and that's the height increase.

3153
03:29:53,320 --> 03:29:57,720
 And for me, the height is incompatible with the area.

3154
03:29:57,720 --> 03:30:05,600
 And I think we have the SUP tool in place here over 40 feet for area protection.

3155
03:30:05,600 --> 03:30:09,720
 I question this lot being considered I-35 corridor.

3156
03:30:09,720 --> 03:30:11,000
 It's recessed.

3157
03:30:11,000 --> 03:30:13,280
 It's almost hidden away.

3158
03:30:13,280 --> 03:30:18,920
 It really is more part of the residential feel off Lillian Miller, where it's located.

3159
03:30:18,920 --> 03:30:21,920
 I understand multifamily can be built here by right.

3160
03:30:21,920 --> 03:30:25,880
 I don't know if it will be feasible or not without the height increase.

3161
03:30:25,880 --> 03:30:30,560
 But at least it would probably be less units.

3162
03:30:30,560 --> 03:30:37,680
 I think we should use the one tool we have here in our development code in this regard.

3163
03:30:37,680 --> 03:30:40,360
 I think it's a good tool to have.

3164
03:30:40,360 --> 03:30:45,280
 There's been some questionable developments in this area, in my opinion.

3165
03:30:45,280 --> 03:30:49,520
 And it has negatively impacted property owners there.

3166
03:30:49,520 --> 03:30:55,200
 I consider this request, this height increase request, would be another negative impact.

3167
03:30:55,200 --> 03:30:57,560
 And that is why I will second to deny.

3168
03:30:57,560 --> 03:31:00,780
 Thank you, Mr. Ellis.

3169
03:31:00,780 --> 03:31:04,560
 We have a first and a second to deny discussion.

3170
03:31:04,560 --> 03:31:06,600
 Commissioner Pruitt.

3171
03:31:06,600 --> 03:31:07,600
 Yeah.

3172
03:31:07,600 --> 03:31:16,240
 You know, this is one of those where there's things on both sides, right?

3173
03:31:16,240 --> 03:31:21,440
 I really think the applicant has gone over and above to try to figure out how to develop

3174
03:31:21,440 --> 03:31:30,880
 this site in a way that is most sensitive to the neighborhood, as well as conforms to

3175
03:31:30,880 --> 03:31:36,400
 our code, to our treaty requirements, all the things that this body and council has

3176
03:31:36,400 --> 03:31:41,400
 tried to put in place over the last two or three years and done so.

3177
03:31:41,400 --> 03:31:48,840
 You know, I ran some numbers, and with the grade differential, this project with the

3178
03:31:48,840 --> 03:31:58,880
 60-foot SUP would be roughly a 34 to 35-degree angle from a rear property line, right?

3179
03:31:58,880 --> 03:32:07,960
 Whereas a project without an SUP built at 50 feet back would be about a 50-degree upward

3180
03:32:07,960 --> 03:32:17,800
 angle, and one at 20 feet back that's shorter would be a 63-degree angle, okay?

3181
03:32:17,800 --> 03:32:24,880
 So I guess the reason to calculate those numbers is just to point out that while a closer building

3182
03:32:24,880 --> 03:32:34,240
 would be shorter, it would actually appear higher in the horizon, okay?

3183
03:32:34,240 --> 03:32:39,520
 So would it develop, I don't know.

3184
03:32:39,520 --> 03:32:46,440
 But I also know that when we have a shortage of housing in the city and we have a developer

3185
03:32:46,440 --> 03:32:54,160
 who wants to develop homes, making that harder makes housing more expensive over the rest

3186
03:32:54,160 --> 03:32:55,160
 of the city.

3187
03:32:55,160 --> 03:32:59,200
 So that's an effect.

3188
03:32:59,200 --> 03:33:08,680
 So you know, I don't think I'm going to be supporting the denial.

3189
03:33:08,680 --> 03:33:14,080
 It seems like anything that is likely to happen in the future would be worse for the neighborhood

3190
03:33:14,080 --> 03:33:15,080
 to me.

3191
03:33:15,080 --> 03:33:31,120
 I'm going to make a superseding motion over Commissioner Smith, but before that, to see

3192
03:33:31,120 --> 03:33:36,520
 if we can table this item, I'm not going to be here when it comes back.

3193
03:33:36,520 --> 03:33:44,120
 So I get the opportunity to speak my mind and my thoughts on this item, but if the motion

3194
03:33:44,120 --> 03:33:48,840
 to table passes, I will not actually have an actionable vote on this, which might please

3195
03:33:48,840 --> 03:33:51,360
 some of you.

3196
03:33:51,360 --> 03:33:55,720
 So to Commissioner Smith's point, he had a lot of similar points that I did.

3197
03:33:55,720 --> 03:34:00,200
 Mr. Benford asked if we would listen and if we wouldn't make up our mind prematurely.

3198
03:34:00,200 --> 03:34:04,440
 And I think I can honestly tell you the last six years I've tried to do that with every

3199
03:34:04,440 --> 03:34:06,080
 single item.

3200
03:34:06,080 --> 03:34:12,160
 Sometimes I came in with bias and my mind was changed, but often my intent was to come

3201
03:34:12,160 --> 03:34:16,760
 in here and consider a lot of components to a project.

3202
03:34:16,760 --> 03:34:22,880
 I think we as a commission have the responsibility to look at the project on its own merits from

3203
03:34:22,880 --> 03:34:26,880
 our own perspective, our own neighborhood bias.

3204
03:34:26,880 --> 03:34:30,920
 We have an obligation to listen to staff's recommendations, reports, their expertise

3205
03:34:30,920 --> 03:34:34,840
 on the project, and we have an obligation to listen to the citizens on every project.

3206
03:34:34,840 --> 03:34:42,680
 And so I think all those are valuable and perhaps none weightier than the other.

3207
03:34:42,680 --> 03:34:47,680
 But with that, as I took notes and listened to each of you and also examined the project

3208
03:34:47,680 --> 03:34:51,160
 myself, there's a lot of things that I considered on this.

3209
03:34:51,160 --> 03:34:59,200
 Some of that is brought up about traffic and cars, about 371 or whatever number was going

3210
03:34:59,200 --> 03:35:00,200
 to be put on I-35.

3211
03:35:00,200 --> 03:35:06,600
 When in reality, I don't want to be dogmatic about this, but I don't know any apartment

3212
03:35:06,600 --> 03:35:09,800
 in the City of Denton that parks full capacity on parking.

3213
03:35:09,800 --> 03:35:15,280
 I've actually brought up a change in parking requirements for apartments to reduce the

3214
03:35:15,280 --> 03:35:16,280
 requirements.

3215
03:35:16,280 --> 03:35:20,520
 In all reality, in looking at some studies, it looks like most apartments park one-to-one

3216
03:35:20,520 --> 03:35:21,520
 on units.

3217
03:35:21,520 --> 03:35:26,480
 So it's a little over 200 cars going on to one of the biggest interstates in our nation.

3218
03:35:26,480 --> 03:35:30,220
 And so as I think through that, it doesn't give me a lot of hesitation or heartburn to

3219
03:35:30,220 --> 03:35:34,400
 put 200 cars dumping right onto a freeway.

3220
03:35:34,400 --> 03:35:39,160
 Brinker would have to be addressed, sure, but I don't think that's the developer's necessary

3221
03:35:39,160 --> 03:35:42,960
 problem if we can't get a light work on a text-out road.

3222
03:35:42,960 --> 03:35:47,680
 I also consider many of you all brought up property value.

3223
03:35:47,680 --> 03:35:52,100
 And I looked at, and Keller Williams put this out and says, "The average cost of a single-family

3224
03:35:52,100 --> 03:35:57,560
 residential home was actually highest in communities with apartments in comparison to neighborhoods

3225
03:35:57,560 --> 03:36:00,200
 with only single-family homes.

3226
03:36:00,200 --> 03:36:05,400
 In addition, the study also noted in respect to earnings, among neighborhoods, higher household

3227
03:36:05,400 --> 03:36:10,620
 earnings were associated with a higher share of apartment buildings."

3228
03:36:10,620 --> 03:36:17,000
 So I don't have the evidence to suggest, especially in this condition in the real estate market,

3229
03:36:17,000 --> 03:36:19,600
 that this is going to negatively impact any of the property values.

3230
03:36:19,600 --> 03:36:22,400
 And when you all started bringing that up, I thought, oh, they're going to bring up it's

3231
03:36:22,400 --> 03:36:27,280
 going to increase their property taxes, but conversely, you were fearful of it diminishing

3232
03:36:27,280 --> 03:36:29,160
 property taxes.

3233
03:36:29,160 --> 03:36:32,660
 I don't think that to be the case, but time will tell.

3234
03:36:32,660 --> 03:36:35,400
 Another item was not in my backyard, which I totally get.

3235
03:36:35,400 --> 03:36:37,760
 I think it's the reason you're here.

3236
03:36:37,760 --> 03:36:38,760
 It's your backyard.

3237
03:36:38,760 --> 03:36:43,520
 But I can also tell you that the closest road to my house, one of the closest roads to my

3238
03:36:43,520 --> 03:36:45,100
 house is Ryan Road.

3239
03:36:45,100 --> 03:36:50,480
 And I voted to approve the first multi-family development, I believe, in South District

3240
03:36:50,480 --> 03:36:55,160
 4, but especially on Ryan Road, I voted for that, although it's one of the major streets

3241
03:36:55,160 --> 03:36:57,040
 that I travel on multiple times a day.

3242
03:36:57,040 --> 03:37:02,560
 So I'm trying my best, even when it is not literally in my backyard like some, but very

3243
03:37:02,560 --> 03:37:08,260
 close to my home, to understand the economics and what the city needs.

3244
03:37:08,260 --> 03:37:12,780
 To that point, I'm not sure if any of you all have looked at the housing market or the

3245
03:37:12,780 --> 03:37:18,200
 apartment market in Denton, but a product at this price point simply doesn't exist.

3246
03:37:18,200 --> 03:37:22,040
 It's hard to buy a home right now at this price point, nearly impossible, and people

3247
03:37:22,040 --> 03:37:28,480
 at this price point are moving to Frisco, Plano, Allen, because they have the discretionary

3248
03:37:28,480 --> 03:37:31,880
 income to spend this, but they can't afford a home in Denton, but they don't want to go

3249
03:37:31,880 --> 03:37:34,520
 into the apartment quality that we currently have.

3250
03:37:34,520 --> 03:37:42,020
 This product, both in quality, price point, access, simply does not exist in our city.

3251
03:37:42,020 --> 03:37:46,820
 And I understand that we've had 30, 35 members of the community speaking out against it.

3252
03:37:46,820 --> 03:37:51,720
 What I haven't heard is the 237 people that potentially can move to our city with high

3253
03:37:51,720 --> 03:37:54,480
 discretionary income that could support our city.

3254
03:37:54,480 --> 03:37:56,320
 I don't know how they feel about this project.

3255
03:37:56,320 --> 03:38:00,960
 And so that's one of the other things I needed to consider in thinking about this.

3256
03:38:00,960 --> 03:38:04,960
 There's also obviously the issue about the height, and I don't know what would happen

3257
03:38:04,960 --> 03:38:07,840
 to the project if it doesn't go through.

3258
03:38:07,840 --> 03:38:09,480
 I don't know if there's a plan B or not.

3259
03:38:09,480 --> 03:38:12,840
 It seemed like there was a difference of opinions on your own team about that.

3260
03:38:12,840 --> 03:38:15,800
 You might want to square that one away.

3261
03:38:15,800 --> 03:38:21,800
 But at the same time, in thinking about the need for the product and the alternative,

3262
03:38:21,800 --> 03:38:25,160
 we heard some individuals worry about the campers on the site.

3263
03:38:25,160 --> 03:38:30,980
 Well, as I think through that, who's monitoring any of the campers right now?

3264
03:38:30,980 --> 03:38:34,600
 They had looked like a ton of cleanup from people that are currently right there, so

3265
03:38:34,600 --> 03:38:41,480
 it seems like any project that could go through might actually mitigate some of the safety

3266
03:38:41,480 --> 03:38:48,080
 issues that might be prevailing today worse than any project going in there.

3267
03:38:48,080 --> 03:38:52,960
 There's other items to consider, like sound, how this aligns to the future land use map

3268
03:38:52,960 --> 03:38:53,960
 of our city.

3269
03:38:53,960 --> 03:38:56,080
 There's a lot of things in this.

3270
03:38:56,080 --> 03:39:01,720
 But the way I see it, in my perspective, this development is sorely needed for the town,

3271
03:39:01,720 --> 03:39:05,520
 and I'm so sorry that it happens to be in the backyard.

3272
03:39:05,520 --> 03:39:10,560
 But again, given all of the components, the things that I have to contemplate,

3273
03:39:10,560 --> 03:39:13,880
 my personal opinion would be in support of this project.

3274
03:39:13,880 --> 03:39:16,840
 I appreciate you listening to my soliloquy.

3275
03:39:16,840 --> 03:39:24,920
 Again, I don't have a vote in this because I'm motioning to table this to a date certain of September 22nd.

3276
03:39:24,920 --> 03:39:27,560
 >> Commissioner Smith.

3277
03:39:27,560 --> 03:39:27,980
 >> I'll second.

3278
03:39:27,980 --> 03:39:29,680
 >> Commissioner Ellis.

3279
03:39:31,960 --> 03:39:32,880
 >> Thank you, Chair.

3280
03:39:32,880 --> 03:39:33,680
 Can I ask why?

3281
03:39:33,680 --> 03:39:42,160
 >> This was a request of the applicant so they could potentially have more conversations and come back with a different plan.

3282
03:39:42,160 --> 03:39:48,320
 >> With the promise to have further discussion in the neighborhood?

3283
03:39:48,320 --> 03:39:50,200
 Or because there was a deny vote?

3284
03:39:50,200 --> 03:39:51,200
 >> Can I have a comment on that?

3285
03:39:51,200 --> 03:39:58,560
 >> Yep.

3286
03:39:58,560 --> 03:40:01,560
 So it seems like they wanted to bring back maybe options.

3287
03:40:01,560 --> 03:40:05,320
 And Mr. Rivera, can you maybe provide context of the request?

3288
03:40:05,320 --> 03:40:14,320
 >> Thank you, Chairman.

3289
03:40:14,320 --> 03:40:20,360
 Yes, as I mentioned earlier, thank you.

3290
03:40:20,360 --> 03:40:24,560
 As I mentioned earlier, our work is not completed.

3291
03:40:24,560 --> 03:40:28,840
 We continue to want to be a sensitive neighbor.

3292
03:40:28,840 --> 03:40:38,800
 And again, it's not like we're talking about our product is definitely the best product.

3293
03:40:38,800 --> 03:40:41,040
 But we want to be a good product.

3294
03:40:41,040 --> 03:40:42,200
 We want to be a good neighbor.

3295
03:40:42,200 --> 03:40:48,080
 If we cannot do this project in this high density,

3296
03:40:48,080 --> 03:40:56,200
 I think it will be significantly impact the amenity we can offer

3297
03:40:56,200 --> 03:41:05,920
 to attracting the labor force, as Chairman just mentioned, to stay in the city of Denton.

3298
03:41:05,920 --> 03:41:08,680
 Another thing about the traffic situation.

3299
03:41:08,680 --> 03:41:13,640
 I personally am sitting on the regional transportation council member.

3300
03:41:13,640 --> 03:41:15,960
 I'm representing the city of Dallas.

3301
03:41:15,960 --> 03:41:23,800
 There is highway 35, phase two expansion from 635 all the way to Denton.

3302
03:41:23,800 --> 03:41:27,000
 >> Mr. Town, I appreciate the input on the traffic.

3303
03:41:27,000 --> 03:41:30,040
 Really just want to know the context for the request for the table and

3304
03:41:30,040 --> 03:41:32,840
 not necessarily on the outstanding points of this evening.

3305
03:41:32,840 --> 03:41:39,320
 >> Yeah, we'd like to have a continued opportunity to discuss with the neighborhood in there.

3306
03:41:39,320 --> 03:41:43,880
 And we went through two times the homeowner association.

3307
03:41:43,880 --> 03:41:49,200
 And with receiving the notice yesterday and today,

3308
03:41:49,200 --> 03:41:52,600
 we feel like we didn't do a good job in that aspect in there.

3309
03:41:52,600 --> 03:41:58,000
 So, we'd like to have a further opportunity to communicate with our neighbors and

3310
03:41:58,000 --> 03:42:05,240
 see what we can providing a solution about their concerns in there.

3311
03:42:05,240 --> 03:42:10,080
 >> So, if we are to pass a table, you are going to host another neighborhood meeting.

3312
03:42:10,080 --> 03:42:11,120
 Do I understand that correctly?

3313
03:42:11,120 --> 03:42:11,960
 >> Yes, that's correct.

3314
03:42:11,960 --> 03:42:13,480
 >> Okay.

3315
03:42:13,480 --> 03:42:14,120
 >> To Mr. Smith.

3316
03:42:14,120 --> 03:42:21,960
 >> More than anything else, I wanted to open up for you guys to be able to expand upon what

3317
03:42:21,960 --> 03:42:25,680
 items you think you heard tonight that you could address in that neighborhood meeting

3318
03:42:25,680 --> 03:42:28,560
 that might make a difference to those that are here in the room.

3319
03:42:28,560 --> 03:42:31,240
 Maybe even warrant the need for a table.

3320
03:42:31,240 --> 03:42:37,760
 >> Yeah, I think first of all, I want to say we as a developer,

3321
03:42:37,760 --> 03:42:44,680
 what we have promised Haiti to do, we only have three or 5% deviation.

3322
03:42:44,680 --> 03:42:47,440
 We cannot deviate from that part of it.

3323
03:42:47,440 --> 03:42:52,360
 Secondly, about the trees, the visual issue,

3324
03:42:52,360 --> 03:42:58,320
 we can provide insert more trees in the void area.

3325
03:42:58,320 --> 03:42:59,760
 That's what we can do.

3326
03:42:59,760 --> 03:43:04,080
 But as far as there are so many component, for

3327
03:43:04,080 --> 03:43:09,040
 instance, the fence, that's what we proposed.

3328
03:43:09,040 --> 03:43:15,440
 Those still need to go through the neighborhood, ask them their blessing about this.

3329
03:43:15,440 --> 03:43:20,400
 Because that's what I try to say, our work is not completed.

3330
03:43:20,400 --> 03:43:24,680
 We still need to continually have a communication with them.

3331
03:43:24,680 --> 03:43:31,880
 And that's our intention, this work has to be completed.

3332
03:43:31,880 --> 03:43:41,840
 So I'm not in any way saying today we're just gonna walk away or anything like that, it's not.

3333
03:43:41,840 --> 03:43:45,720
 And this is a continued work with the neighborhood in there.

3334
03:43:45,720 --> 03:43:47,680
 As I said in the very beginning,

3335
03:43:47,680 --> 03:43:54,320
 I was instructing our team in there is let's address whatever our neighbors concerned.

3336
03:43:54,320 --> 03:43:56,240
 I am a homeowner too.

3337
03:43:56,240 --> 03:44:02,040
 And I understanding the sentimental component of this stuff in there.

3338
03:44:02,040 --> 03:44:07,600
 So we're gonna do as much as we can to mitigate the situation.

3339
03:44:07,600 --> 03:44:15,000
 Secondly, if they allow us, we can go into improving the window setting,

3340
03:44:15,000 --> 03:44:18,680
 everything like that, to mitigating their concern.

3341
03:44:18,680 --> 03:44:25,040
 And truly, we are doing from our scientific way,

3342
03:44:25,040 --> 03:44:30,760
 we can visualize the potential we cannot projecting when the winter time which trees.

3343
03:44:30,760 --> 03:44:34,600
 And we have a tree survey showing certain trees are evergreen,

3344
03:44:34,600 --> 03:44:36,160
 certain trees are not a good tree.

3345
03:44:36,160 --> 03:44:42,000
 So those are component we can insert or planting the new trees in the void area or

3346
03:44:42,000 --> 03:44:49,160
 even the homeowner allows within planning in their backyard if they allow us to do that.

3347
03:44:49,160 --> 03:44:54,040
 Those are the component we it's in our consideration.

3348
03:44:54,040 --> 03:44:57,400
 But it's again, that's what I mentioned, it's a conversation,

3349
03:44:57,400 --> 03:45:01,800
 continued conversation with our neighborhood to continue to talk about this in there.

3350
03:45:04,760 --> 03:45:09,440
 >> And furthermore with continued outreach to the neighbors, which is important,

3351
03:45:09,440 --> 03:45:13,600
 like William saying for fencing and landscaping and other impacts.

3352
03:45:13,600 --> 03:45:20,840
 While I believe it's feasible to fit 234 units on this property.

3353
03:45:20,840 --> 03:45:25,680
 I wanna analyze that plan B, like what that would really look like.

3354
03:45:25,680 --> 03:45:29,480
 But William and I have to have a discussion, would that even work?

3355
03:45:29,480 --> 03:45:31,840
 We took out the retail, if we took out some amenities.

3356
03:45:31,840 --> 03:45:37,120
 Does this even work for him and his partners on the property?

3357
03:45:37,120 --> 03:45:40,760
 So I wanted to take some time to really drill down into that.

3358
03:45:40,760 --> 03:45:43,240
 >> Yeah, and I think that's the reason why I would support a table,

3359
03:45:43,240 --> 03:45:45,480
 even though I was the one that made the motion for denial on this.

3360
03:45:45,480 --> 03:45:50,040
 Is that the risk that I run in making a motion to deny and

3361
03:45:50,040 --> 03:45:55,440
 it possibly passing on this commission and the council agreeing with us on that denial.

3362
03:45:55,440 --> 03:46:00,240
 Is that you could step back and you could create a plan B and it could come to it.

3363
03:46:00,240 --> 03:46:03,040
 Because that motion to deny came from my understanding and

3364
03:46:03,040 --> 03:46:05,160
 my expectation from what I heard from you.

3365
03:46:05,160 --> 03:46:09,720
 That a plan B wasn't exactly, didn't sound like totally feasible.

3366
03:46:09,720 --> 03:46:11,720
 And so therefore, it remained vacant.

3367
03:46:11,720 --> 03:46:14,640
 Well, the risk I run then is that you do find it being feasible.

3368
03:46:14,640 --> 03:46:16,160
 You do develop it.

3369
03:46:16,160 --> 03:46:18,120
 And I just screwed over an entire neighborhood.

3370
03:46:18,120 --> 03:46:23,520
 And so I support the table on this because if you present something that is a plan B,

3371
03:46:23,520 --> 03:46:27,040
 that is feasible, that the investor would go through with, if we deny it.

3372
03:46:27,040 --> 03:46:30,200
 Then I understand where the protection comes in on this.

3373
03:46:30,200 --> 03:46:34,960
 But until I know if that's feasible or not, and it seems like right now it's not.

3374
03:46:34,960 --> 03:46:38,600
 >> Right, we need to be looking at further, so I appreciate that input.

3375
03:46:38,600 --> 03:46:39,600
 >> Okay, I understand.

3376
03:46:39,600 --> 03:46:41,100
 Thank you.

3377
03:46:41,100 --> 03:46:45,320
 >> Commissioner Smith, would you be open to a friendly amendment to table to a date indefinite?

3378
03:46:45,320 --> 03:46:47,560
 >> Yes, I would be.

3379
03:46:47,560 --> 03:46:52,120
 >> Okay, Commissioner Smith, I mean, Commissioner Pruitt, sorry.

3380
03:46:52,120 --> 03:46:52,640
 >> Thank you, Chair.

3381
03:46:55,600 --> 03:47:03,680
 You know, I have a hard time delaying things when it comes to projects that could provide housing.

3382
03:47:03,680 --> 03:47:10,480
 I understand that there's perhaps a fear that this would not pass and

3383
03:47:10,480 --> 03:47:14,840
 that then it would delay things even further to go back to the drawing board.

3384
03:47:14,840 --> 03:47:21,520
 I'll just say that we've seen projects come before this body before.

3385
03:47:23,440 --> 03:47:30,000
 And in the process of trying to find more of a amenable solution to the local community,

3386
03:47:30,000 --> 03:47:33,560
 the project has been made worse.

3387
03:47:33,560 --> 03:47:38,160
 So I think I support the project as is.

3388
03:47:38,160 --> 03:47:44,440
 If it comes back, providing fewer housing units and

3389
03:47:44,440 --> 03:47:51,760
 lots of concessions that may impact a few dozen nearby homeowners but

3390
03:47:51,760 --> 03:47:57,920
 will not help future residents of Denton, I would have a harder time supporting that.

3391
03:47:57,920 --> 03:48:06,520
 >> So we have a first and a second to the table indefinitely.

3392
03:48:06,520 --> 03:48:07,600
 Is there any other discussions?

3393
03:48:07,600 --> 03:48:12,960
 Okay, since this is a superseding motion,

3394
03:48:12,960 --> 03:48:16,360
 we'll go ahead and vote for the table to a date indefinite first.

3395
03:48:21,760 --> 03:48:30,000
 That motion carries for two.

3396
03:48:30,000 --> 03:48:35,720
 This will be reposted and re-noticed and be brought back before the Plan and Zoning Commission at another date.

3397
03:48:35,720 --> 03:48:40,520
 I appreciate everyone staying up late and being out here tonight and providing your perspective.

3398
03:48:40,520 --> 03:48:47,880
 With that, we'll move to our last item of the agenda, which is the Plan and Zoning Commission matrix.

3399
03:48:52,280 --> 03:48:56,760
 >> Haley, will you take the floor with any updates?

3400
03:48:56,760 --> 03:49:07,280
 >> Absolutely, so we do have a few updates from City Council last night just to pass along to you all.

3401
03:49:07,280 --> 03:49:14,480
 You may remember the single lot rezoning on Robertson Street that came before you all recently.

3402
03:49:14,480 --> 03:49:19,080
 That was actually remanded back to this body by a council.

3403
03:49:19,080 --> 03:49:23,000
 They're interested in a mixed use neighborhood zoning on that property.

3404
03:49:23,000 --> 03:49:27,960
 So we will be re-noticing that case and bringing it back to you all in the coming weeks.

3405
03:49:27,960 --> 03:49:34,720
 The Denton Commerce Center Zoning and Comp Plan Amendment were both approved.

3406
03:49:34,720 --> 03:49:41,960
 And the prominence rezoning that we recently saw from Shawn Jacobson was also approved by council at last night's meeting.

3407
03:49:41,960 --> 03:49:46,760
 And just to update you, we do have an annexation that has begun just south of Denton Commerce Center.

3408
03:49:46,760 --> 03:49:50,680
 So I expect in the near future you all will see a zoning for the Harris Ranch property as well.

3409
03:49:50,680 --> 03:49:54,280
 But those are all our council updates at this time.

3410
03:49:54,280 --> 03:49:57,080
 >> Fantastic, thanks Haley.

3411
03:49:57,080 --> 03:49:59,240
 Commissioner Pruitt.

3412
03:49:59,240 --> 03:50:03,320
 >> Yeah, just a question.

3413
03:50:03,320 --> 03:50:11,480
 I think there's something on our matrix that's been there for a while, looking at green belt corridors or something of that nature.

3414
03:50:11,480 --> 03:50:12,680
 >> Commissioner Pruitt, just one second.

3415
03:50:12,680 --> 03:50:15,600
 >> I'm sorry. >> If we could have the room cleared for discussions.

3416
03:50:16,760 --> 03:50:22,840
 Mr. Tao, can we take the conversations out of chambers?

3417
03:50:22,840 --> 03:50:26,440
 Can you just move the conversation out of chambers?

3418
03:50:26,440 --> 03:50:28,640
 There's this little, it's okay, it's just hard to hear.

3419
03:50:28,640 --> 03:50:32,840
 I apologize, Commissioner Pruitt, I could not hear you.

3420
03:50:32,840 --> 03:50:35,280
 >> Thank you, Chair.

3421
03:50:35,280 --> 03:50:41,800
 I believe there's an already existing item about green belt corridors on our matrix.

3422
03:50:41,800 --> 03:50:52,360
 I think there's also been discussion in the past about the upland habitat 10 acre limit and where that came from.

3423
03:50:52,360 --> 03:51:00,320
 I'm wondering whether it might make sense to combine those into something to more holistically look at those types of issues.

3424
03:51:00,320 --> 03:51:11,680
 We're seeing more and more requests of these parcels that had a large portion of what used to be a much larger potentially ESA area that's no longer an ESA.

3425
03:51:12,720 --> 03:51:18,520
 I would just appreciate understanding what the rationale is for the current requirements or

3426
03:51:18,520 --> 03:51:24,280
 the current processes in those places to be able to evaluate these projects better.

3427
03:51:24,280 --> 03:51:28,680
 >> Sure, so just a couple of pieces to that.

3428
03:51:28,680 --> 03:51:31,000
 I believe, I don't know the date exactly.

3429
03:51:31,000 --> 03:51:35,920
 In a couple of months though, we had planned to do one of our root camps around sustainability type items.

3430
03:51:35,920 --> 03:51:40,520
 If that's okay, we can put those discussions at that date.

3431
03:51:40,520 --> 03:51:45,520
 There is also a one minute pitch, I believe, on an upcoming council agenda for August 10th related to ESA.

3432
03:51:45,520 --> 03:51:48,920
 So we should keep an eye on that as well and see what happens there.

3433
03:51:48,920 --> 03:51:55,680
 And that may be a discussion that we can bring to this body as well, if council gets any movement on updates related to the ESA code.

3434
03:51:55,680 --> 03:51:56,680
 >> Yeah, that would be great.

3435
03:51:56,680 --> 03:51:58,840
 I think that's appropriate to keep it in that boot camp.

3436
03:51:58,840 --> 03:52:00,800
 Thank you. >> All right, perfect.

3437
03:52:00,800 --> 03:52:01,400
 >> Commissioner McDade.

3438
03:52:01,400 --> 03:52:04,200
 >> Mic on.

3439
03:52:05,920 --> 03:52:10,840
 You mentioned the property on Robertson was coming back before the P&Z.

3440
03:52:10,840 --> 03:52:13,440
 Do you know the reason why?

3441
03:52:13,440 --> 03:52:16,560
 You may have said it, but I couldn't hear you.

3442
03:52:16,560 --> 03:52:21,560
 >> Sure, so the council, I would say a handful of members of council were

3443
03:52:21,560 --> 03:52:26,200
 interested in that property having a mixed use zoning instead of strictly residential.

3444
03:52:26,200 --> 03:52:33,200
 So they voted, I believe it was a four two or five two vote to send that back to P&Z for

3445
03:52:33,200 --> 03:52:37,920
 you all to consider mixed use neighborhood zoning instead of residential six.

3446
03:52:37,920 --> 03:52:38,840
 So. >> All right, thank you.

3447
03:52:38,840 --> 03:52:41,400
 >> Anyone else?

3448
03:52:41,400 --> 03:52:44,880
 Well, my final moment's here, guys.

3449
03:52:44,880 --> 03:52:49,800
 I have to thank Haley for giving me the opportunity to go out on a superseding split vote motion.

3450
03:52:49,800 --> 03:52:53,800
 I couldn't have planned it better.

3451
03:52:53,800 --> 03:52:55,880
 Thank you for that.

3452
03:52:55,880 --> 03:52:57,360
 In all seriousness, it's been fun.

3453
03:52:57,360 --> 03:52:59,240
 I've enjoyed my time.

3454
03:52:59,240 --> 03:53:01,000
 I wish you all the best.

3455
03:53:01,000 --> 03:53:02,680
 Vice Chair Ellis, have fun.

3456
03:53:02,680 --> 03:53:03,800
 Don't be too hard on people.

3457
03:53:03,800 --> 03:53:11,200
 But and to the new commissioners, thank you for your sacrifice that you already have

3458
03:53:11,200 --> 03:53:14,840
 committed and however long you commit to it, we appreciate it as a city.

3459
03:53:14,840 --> 03:53:17,880
 Now that I'm just a normal citizen, I really appreciate your service.

3460
03:53:17,880 --> 03:53:19,720
 Commissioner Smith, Commissioner Cole as well.

3461
03:53:19,720 --> 03:53:21,120
 Thank you, staff.

3462
03:53:21,120 --> 03:53:21,800
 You all are awesome.

3463
03:53:21,800 --> 03:53:23,840
 Best of luck to you.

3464
03:53:23,840 --> 03:53:26,800
 Commissioner Ellis.

3465
03:53:26,800 --> 03:53:28,200
 >> Can I just say thank you?

3466
03:53:28,200 --> 03:53:32,080
 It has been a sincere pleasure literally serving with you all these years.

3467
03:53:32,080 --> 03:53:33,800
 So thanks for your service.

3468
03:53:33,800 --> 03:53:35,000
 Thanks for your leadership.

3469
03:53:35,000 --> 03:53:40,800
 You've done quite well and you've made this board better, so thank you much.

3470
03:53:40,800 --> 03:53:41,300
 >> Appreciate that.

3471
03:53:41,300 --> 03:53:46,320
 All right, seeing no other items to discuss, I'll close the meeting at 916.

3472
03:53:46,320 --> 03:53:46,820
 Thank you.