WEBVTT

00:00:00.000 --> 00:00:09.360
 >> Good evening ladies and gentlemen and welcome to the plan zoning commission work session

00:00:09.360 --> 00:00:11.360
 for August 4th, 2021.

00:00:11.360 --> 00:00:16.720
 Seeing that we have a quorum, I'll start the meeting at 4.05.

00:00:16.720 --> 00:00:22.680
 Let the record show that currently Commissioner Smith and Commissioner Anderson are not present.

00:00:22.680 --> 00:00:27.200
 The first item for the work session will be the work session report, receive a report

00:00:27.200 --> 00:00:31.520
 and hold the discussion and give direction regarding the comp plan and other plan updates

00:00:31.520 --> 00:00:35.120
 and code.

00:00:35.120 --> 00:00:44.240
 Before you get started, for those new commissioners that haven't used the screen, the screen is

00:00:44.240 --> 00:00:45.240
 working this evening.

00:00:45.240 --> 00:00:49.520
 There's a switch to your left to switch to the presentation and then instead of raising

00:00:49.520 --> 00:00:52.520
 your hand there's a button that says request to speak.

00:00:52.520 --> 00:00:56.920
 Your name will show up in the order in which you request and if you do not want to speak

00:00:56.920 --> 00:01:00.260
 you hit that button again and it will remove you from the queue to speak but I'll use that

00:01:00.260 --> 00:01:03.480
 to call on the commissioners for any questions you might have.

00:01:03.480 --> 00:01:08.000
 >> Thank you, Chair, members of the commission, Ron Magidow, principal planner with development

00:01:08.000 --> 00:01:09.000
 services.

00:01:09.000 --> 00:01:15.160
 Go ahead and share my screen here and hopefully you all can see this.

00:01:15.160 --> 00:01:22.680
 I don't see it on the monitor or above so I'm hoping that it's available to the public.

00:01:22.680 --> 00:01:26.920
 I want to thank the opportunity to present today, wanted to provide the planning zoning

00:01:26.920 --> 00:01:31.320
 commission an update where we are in regards to the comprehensive plan update.

00:01:31.320 --> 00:01:36.120
 We did the same presentation for city council just yesterday, got some input from them and

00:01:36.120 --> 00:01:38.980
 looking for input from you all as well.

00:01:38.980 --> 00:01:44.720
 Really the objective for this afternoon is to just kind of share with you where we are

00:01:44.720 --> 00:01:50.600
 in the process, where we are in the schedule.

00:01:50.600 --> 00:01:59.860
 There we go.

00:01:59.860 --> 00:02:05.640
 Public engagement so far and what we plan on doing coming up in the next coming months.

00:02:05.640 --> 00:02:10.880
 We are also going to share some of the highlights on the inputs that we receive from the community.

00:02:10.880 --> 00:02:15.640
 Very high level, just sort of understanding what we've heard so far.

00:02:15.640 --> 00:02:16.640
 Discuss other plan updates.

00:02:16.640 --> 00:02:20.640
 We've got a lot going on in the city, we want to make sure that we share that with you all

00:02:20.640 --> 00:02:26.000
 and also make sure that you understand that it's a comprehensive effort between all plans

00:02:26.000 --> 00:02:28.720
 that's being worked on as we speak.

00:02:28.720 --> 00:02:33.260
 There was a request by the city council to talk about and provide information on form

00:02:33.260 --> 00:02:34.840
 based codes.

00:02:34.840 --> 00:02:38.600
 So we felt that it was important to share that with the commission as well as that might

00:02:38.600 --> 00:02:43.720
 be an option for certain projects in the future but for now we're just providing you a general

00:02:43.720 --> 00:02:48.960
 description, understanding what a form based code is so that you have that available.

00:02:48.960 --> 00:02:53.520
 With that I'm going to turn it over to our consultant who is calling in.

00:02:53.520 --> 00:02:57.640
 Hopefully he is available and can take over the presentation.

00:02:57.640 --> 00:03:01.800
 I'll stand here and advance the slide if need be.

00:03:01.800 --> 00:03:14.440
 Do we know if Ed Boyk is on the call?

00:03:14.440 --> 00:03:18.040
 Hello, yeah, Ed Boyk is here with Matrix Design Group.

00:03:18.040 --> 00:03:23.040
 Awesome, thanks Ed.

00:03:23.040 --> 00:03:24.040
 You can go ahead and get started.

00:03:24.040 --> 00:03:25.040
 Oh, okay.

00:03:25.040 --> 00:03:29.320
 So I assume you've been through the first couple slides, I apologize, I didn't hear

00:03:29.320 --> 00:03:32.480
 anything with being in the waiting room.

00:03:32.480 --> 00:03:35.120
 Yes, we're on slide three.

00:03:35.120 --> 00:03:38.760
 Okay, thank you for that, I appreciate that.

00:03:38.760 --> 00:03:44.040
 Again, members of the commission, my name is Ed Boyk, I'm with Matrix Design Group and

00:03:44.040 --> 00:03:48.960
 as Ron had just previously indicated, this is an effort to provide an update of where

00:03:48.960 --> 00:03:51.560
 we are so far in the comprehensive plan update process.

00:03:51.560 --> 00:03:56.920
 So on slide three, I wanted to talk briefly, we've been through phase one, which is the

00:03:56.920 --> 00:04:02.520
 initiation of project, we've been through phase two, which was a lot of the data gathering

00:04:02.520 --> 00:04:08.120
 and we're deep into phase three currently, which is the area where we've done most of

00:04:08.120 --> 00:04:13.600
 our public outreach, we did some special topic threats on a couple IDA, particular topics

00:04:13.600 --> 00:04:18.920
 that were of interest to the city of Benton and we have yet one more public engagement

00:04:18.920 --> 00:04:24.600
 plan for mid September, September 16th actually and that'll be an in-person open house and

00:04:24.600 --> 00:04:27.360
 a virtual open house that will be run concurrently.

00:04:27.360 --> 00:04:34.360
 A virtual open house is really neat, it'll be an ongoing 24 hours a day available replication

00:04:34.360 --> 00:04:38.240
 of what's available in the in-person open house and that'll be held in like a 3D environment

00:04:38.240 --> 00:04:45.000
 on the project website, it's pretty nifty and should help increase participation at

00:04:45.000 --> 00:04:47.760
 that critical point of the public engagement process.

00:04:47.760 --> 00:04:53.240
 Then moving on to early fall, we'll be moving into our phase four, which is production of

00:04:53.240 --> 00:04:58.560
 some of the draft concepts and strategies, implementation for the comprehensive plan

00:04:58.560 --> 00:05:04.040
 and then by late fall, we'll be providing updates with a draft of the plan and then

00:05:04.040 --> 00:05:11.480
 either in the late fall or early winter timeframe adoption of the final comprehensive plan update

00:05:11.480 --> 00:05:15.120
 for the city of Benton, next slide.

00:05:15.120 --> 00:05:21.120
 So what we've heard so far, next slide again, and through our public engagement process,

00:05:21.120 --> 00:05:26.920
 we've had two public meetings that have had nearly 200 community members attend, all of

00:05:26.920 --> 00:05:32.920
 these meetings were virtual, really good turnout for a virtual public meeting process and between

00:05:32.920 --> 00:05:41.040
 those meetings, it generated close to 1500 unique comments through those public engagements.

00:05:41.040 --> 00:05:46.760
 Additionally, we had a project website up for the comprehensive plan update and on that

00:05:46.760 --> 00:05:52.400
 we've had over 100 responses on an interactive Issues and Opportunities Map, we call the

00:05:52.400 --> 00:05:57.000
 ID Places Map, it's somewhere where people can geo-locate exactly their comments.

00:05:57.000 --> 00:06:01.800
 Along with that, we've had online questionnaires, which have generated quite a bit of responses,

00:06:01.800 --> 00:06:07.920
 nearly 200 responses there and we're still doing soliciting ongoing information for the

00:06:07.920 --> 00:06:14.440
 vision statement since the vision statement is really a critical component of the comprehensive

00:06:14.440 --> 00:06:18.400
 plan process to make sure that all the comments we receive and the strategies that are proposed

00:06:18.400 --> 00:06:22.720
 from this are aligned properly with the vision for the city of Benton.

00:06:22.720 --> 00:06:27.240
 And just as a reminder again, September 16th is what we're planning on for the in-person

00:06:27.240 --> 00:06:30.880
 open house and the virtual open house, next slide.

00:06:30.880 --> 00:06:36.440
 So going through the data a little bit more specifically, what we've done is we've tried

00:06:36.440 --> 00:06:40.640
 to capture the essence of the comments so far that we've heard from the public through

00:06:40.640 --> 00:06:45.040
 all this engagement and we've organized them into a couple different topic areas which

00:06:45.040 --> 00:06:49.640
 are similar to or identical to what the charrette had indicated.

00:06:49.640 --> 00:06:54.520
 The big takeaways is that the community has told everyone that it's important that the

00:06:54.520 --> 00:06:59.400
 development be the right type of development at the right place and at the right time.

00:06:59.400 --> 00:07:03.320
 And that scheme leads through all the other comments we've received and really wants to

00:07:03.320 --> 00:07:08.200
 make sure that the development that Benton did supports that vision, have the quality

00:07:08.200 --> 00:07:13.760
 and resiliency for the community to be one, something that's added value through the long

00:07:13.760 --> 00:07:14.760
 term.

00:07:14.760 --> 00:07:20.960
 Part of that was also preservation of those open and rural areas, taking advantage of

00:07:20.960 --> 00:07:24.920
 the heritage that's associated with those rural areas around the periphery of Benton

00:07:24.920 --> 00:07:27.520
 and the ETJ.

00:07:27.520 --> 00:07:31.800
 And then also to provide more diverse housing options so that the housing is supporting

00:07:31.800 --> 00:07:37.440
 not only workforces but also executives and other entry-level housing, quality multifamily

00:07:37.440 --> 00:07:42.400
 development and townhomes for all families and household types.

00:07:42.400 --> 00:07:48.400
 All this leads into the investment of infrastructure which the community has indicated there is

00:07:48.400 --> 00:07:55.360
 a preference that be reinvested into infill supporting activities.

00:07:55.360 --> 00:08:03.480
 So trying to find ways to take and implement infrastructure in areas of support where economic

00:08:03.480 --> 00:08:11.760
 development can occur, jobs as well as to provide the infrastructure in areas that continue

00:08:11.760 --> 00:08:19.160
 to enhance them without having development fall into far-flung areas or areas that are

00:08:19.160 --> 00:08:23.280
 disconnected from the majority of the community in the ETJ.

00:08:23.280 --> 00:08:28.080
 With that, with any infrastructure program, especially through streets, you can beautify.

00:08:28.080 --> 00:08:32.560
 And so there's an intent for the community to, if you're going to make the investment

00:08:32.560 --> 00:08:36.880
 into infrastructure, that it be beautiful, be something that enhances and creates and

00:08:36.880 --> 00:08:40.400
 strengthens the identity of Benton.

00:08:40.400 --> 00:08:45.120
 That can be accomplished through complete streets which can be done in a number of different

00:08:45.120 --> 00:08:46.120
 ways.

00:08:46.120 --> 00:08:50.640
 But the overall intent of a complete street is that it's one that serves multiple purposes,

00:08:50.640 --> 00:08:56.320
 multiple modes of transportation and not just one singular solution that is vehicle traffic.

00:08:56.320 --> 00:08:59.840
 And next slide, please.

00:08:59.840 --> 00:09:06.840
 On this next slide, you can see, excuse me, an example of a complete street that shows

00:09:06.840 --> 00:09:13.960
 wide sidewalks, lots of shade, landscaping, neck downs or pinch points at the intersection

00:09:13.960 --> 00:09:20.200
 to a shortened pedestrian crossing, well-defined bike lanes and so on, narrower street lanes

00:09:20.200 --> 00:09:21.200
 and parking.

00:09:21.200 --> 00:09:25.880
 This does not indicate what all complete streets should be, but it just illustrates a lot of

00:09:25.880 --> 00:09:30.040
 the elements that go into that, so when an infrastructure investment, particularly for

00:09:30.040 --> 00:09:33.920
 street infrastructure, moves forward, a lot of these different elements can be put in

00:09:33.920 --> 00:09:34.920
 there.

00:09:34.920 --> 00:09:40.000
 And that can include transit-related infrastructure enhancements as well to make a street complete

00:09:40.000 --> 00:09:43.200
 and functional for the context in which it's located.

00:09:43.200 --> 00:09:46.600
 Next slide, please.

00:09:46.600 --> 00:09:52.600
 So what we've heard for economic development, and much of this was comments that were solicited

00:09:52.600 --> 00:09:59.160
 to recognize the efforts that have been put into place with the recently adopted economic

00:09:59.160 --> 00:10:05.480
 development strategic plan, we were looking, the community told us that they believe in

00:10:05.480 --> 00:10:09.720
 that plan, they find a lot of the conclusions in it important and something that should

00:10:09.720 --> 00:10:15.080
 be replicated or at least confirmed in the comprehensive plan update as well.

00:10:15.080 --> 00:10:21.360
 That goes along with increasing our job opportunities, the collaboration with the anchor institutions,

00:10:21.360 --> 00:10:31.280
 that being the universities, the health economy, to make sure that there's a development that

00:10:31.280 --> 00:10:36.120
 supports that, the establishment of programs that are partnered with those anchor institutions

00:10:36.120 --> 00:10:45.360
 such as incubators or research parks, or aligning economic development activities to recruit

00:10:45.360 --> 00:10:51.840
 and establish and support businesses which align with, say, university training programs.

00:10:51.840 --> 00:10:56.920
 There's also comments from the public about a want to support small and local businesses,

00:10:56.920 --> 00:11:01.440
 and that could be enhanced through assistance programs, process improvements for the development

00:11:01.440 --> 00:11:09.280
 process, as well as supporting that well-designed infrastructure that would enhance the support

00:11:09.280 --> 00:11:10.720
 for those small businesses.

00:11:10.720 --> 00:11:16.200
 And these are all comments we've received from the community through the engagement process.

00:11:16.200 --> 00:11:21.920
 Continuing to downtown, it was to expand those downtown opportunities, recognizing that the

00:11:21.920 --> 00:11:26.880
 downtown is that cultural and community heart for the city of Denton, it's the heart for

00:11:26.880 --> 00:11:32.800
 entertainment, events, and arts, it's got a very unique flavor with the local businesses,

00:11:32.800 --> 00:11:36.720
 and all that should be retained and enhanced upon, and some of the ways you can enhance

00:11:36.720 --> 00:11:42.760
 upon that, is by doing, again, to refer back to the previous slide, the right development

00:11:42.760 --> 00:11:48.200
 at the right place at the right time is to introduce new development and redevelopment

00:11:48.200 --> 00:11:56.120
 carefully to support the context and character of the downtown square, but also to not impact

00:11:56.120 --> 00:11:57.120
 negatively that.

00:11:57.120 --> 00:12:01.280
 So that means that if taller buildings are needed, say, to support a transit opportunity

00:12:01.280 --> 00:12:08.440
 around the A train station, making sure that whatever approach is taken is cognizant of

00:12:08.440 --> 00:12:13.560
 that and recognizes that there needs to be some compatibility and transition measures

00:12:13.560 --> 00:12:20.080
 put into place to support the core, as well as the expanded area of the downtown community.

00:12:20.080 --> 00:12:21.320
 Next slide.

00:12:21.320 --> 00:12:31.200
 Some of the comments have created a need to introduce some new concepts for land use designation.

00:12:31.200 --> 00:12:38.280
 The city and the community strongly supports its agricultural heritage, the rural heritage,

00:12:38.280 --> 00:12:45.400
 the ranching, and by introducing a new land use, a new land use category onto the future

00:12:45.400 --> 00:12:52.160
 land use map, it can help to reaffirm those policies which support the preservation of

00:12:52.160 --> 00:12:59.680
 those areas as rural active areas, agritourism, open spaces, and those uses that are compatible

00:12:59.680 --> 00:13:07.360
 with the support of agricultural culture in the rural and the ETGA areas of the community.

00:13:07.360 --> 00:13:14.560
 Also referring back to that right development, there is a potential for a new concept, land

00:13:14.560 --> 00:13:17.000
 use category called master plan community.

00:13:17.000 --> 00:13:20.960
 Now that can mean a lot of different things to a lot of different people.

00:13:20.960 --> 00:13:24.820
 There's often home builders that will say a master plan community means that our subdivision

00:13:24.820 --> 00:13:30.440
 is a master plan community because we have homes and parks in it, but really if this

00:13:30.440 --> 00:13:36.480
 is approached as a future land use designation on the conflict of plan future land use map,

00:13:36.480 --> 00:13:42.560
 the intent is for it to be defined as being complete, multi-use development, meaning developments

00:13:42.560 --> 00:13:48.000
 where they are complete neighborhood packages that have a sense of place, a sense of belonging,

00:13:48.000 --> 00:13:53.180
 respectful of the context of where they're located, and really someplace where people

00:13:53.180 --> 00:13:59.000
 can live, work, learn, and play all in one place, something that becomes an asset and

00:13:59.000 --> 00:14:06.600
 connected with the existing portions of Denton and not just an island onto their own.

00:14:06.600 --> 00:14:12.560
 On this slide, I have a picture of the Verado master plan community, which is a renowned

00:14:12.560 --> 00:14:15.400
 award winning master plan community in the Phoenix metro area.

00:14:15.400 --> 00:14:20.480
 I introduced this not to say that this is the exact solution for Denton, but what it

00:14:20.480 --> 00:14:23.400
 does is it captures those concepts of being complete.

00:14:23.400 --> 00:14:26.040
 It has a downtown area that supports local businesses.

00:14:26.040 --> 00:14:27.480
 It's very, very walkable.

00:14:27.480 --> 00:14:32.680
 It's got parks and trails and revolving between the different portions of the master plan

00:14:32.680 --> 00:14:37.520
 community, and it supports housing for multi-family through executive housing.

00:14:37.520 --> 00:14:42.120
 So it addresses the entire palette of housing opportunities, living arrangements, and takes

00:14:42.120 --> 00:14:45.760
 advantage of the context it's located in so that it's integrated with nature, integrated

00:14:45.760 --> 00:14:51.560
 parks, but it also has an employment opportunity, commercial opportunities as well.

00:14:51.560 --> 00:14:58.320
 So it's really a place that checks all the boxes for the community, and it's well integrated

00:14:58.320 --> 00:15:01.560
 as well as a complete neighborhood with that community it's located in.

00:15:01.560 --> 00:15:05.240
 Next slide, please.

00:15:05.240 --> 00:15:10.240
 Additional concepts of refining the land uses is to find ways to preserve the integrity

00:15:10.240 --> 00:15:17.560
 of the future land use map, but also allowing for measured or appropriate flexibility where

00:15:17.560 --> 00:15:19.820
 the policy is supported.

00:15:19.820 --> 00:15:26.040
 Some of the concepts could be introducing neighborhood scale commercial or office opportunities

00:15:26.040 --> 00:15:35.800
 at appropriate intersections within those residential designated areas on the land use

00:15:35.800 --> 00:15:36.800
 map.

00:15:36.800 --> 00:15:44.120
 It could be, say, arterial and arterial intersections, collector and arterial intersections, and

00:15:44.120 --> 00:15:49.400
 the important factor here is that if it is a perfect approach as a solution, there needs

00:15:49.400 --> 00:15:54.600
 to be strong policies that dictate how that should be applied, where it should be applied,

00:15:54.600 --> 00:15:57.360
 and what the envisioned results of that would be.

00:15:57.360 --> 00:16:02.320
 The advantage here is that it allows for staff to exercise professional discretion as well

00:16:02.320 --> 00:16:08.520
 as the commission and the community to determine what zoning changes are appropriate, provided

00:16:08.520 --> 00:16:12.200
 they comply with those policies without having to go back and change those future land use

00:16:12.200 --> 00:16:13.200
 maps.

00:16:13.200 --> 00:16:18.280
 Parks and open space, the community, again, is strongly supporting that.

00:16:18.280 --> 00:16:24.160
 So there would be potential changes to the future land use map to expand where parks

00:16:24.160 --> 00:16:31.880
 and open space is illustrated to protect or ensure the open space is planned to be protected

00:16:31.880 --> 00:16:39.480
 in the future around lakes, streams, watercourses, wildlife connection, and recreation connections

00:16:39.480 --> 00:16:41.520
 throughout the community.

00:16:41.520 --> 00:16:48.160
 Lastly, there has always been a lot of conversation, and then the public comments reaffirmed this

00:16:48.160 --> 00:16:54.520
 about what it meant to have business innovation, and the business innovation land use, I think

00:16:54.520 --> 00:16:58.800
 rightly so, is a very broad land use category.

00:16:58.800 --> 00:17:04.520
 It defines a lot of different possibilities, but it's always looking to push the envelope

00:17:04.520 --> 00:17:10.760
 or to be bleeding edge in terms of how that's executed, and that can be executed in a lot

00:17:10.760 --> 00:17:17.640
 of different ways, whether it's through research parks and incubators and small business areas,

00:17:17.640 --> 00:17:24.040
 office parks, retail could be an incorporated component, but it also could include, in the

00:17:24.040 --> 00:17:32.560
 right context, warehousing or light industrial or other forward-looking industries that are

00:17:32.560 --> 00:17:35.680
 being innovative in their area.

00:17:35.680 --> 00:17:41.920
 In order to determine what the flavor of those different business innovation areas should

00:17:41.920 --> 00:17:48.760
 be, it really is important that small area plans be part of that so that you can drill

00:17:48.760 --> 00:17:54.160
 down, look at the context, look at the assets, look at the infrastructure opportunities in

00:17:54.160 --> 00:18:01.480
 those areas to develop precise plans that see the business innovation vision move forward

00:18:01.480 --> 00:18:02.480
 for the areas located.

00:18:02.480 --> 00:18:07.200
 So it's really about capitalizing those assets, understanding what they are, and then tailoring

00:18:07.200 --> 00:18:12.120
 standards through that planning effort that support those solutions.

00:18:12.120 --> 00:18:14.240
 Next slide, please.

00:18:14.240 --> 00:18:20.840
 And because it could be a lot of different things, the business innovation could be solutions

00:18:20.840 --> 00:18:28.000
 like this, where you have office parks or campuses that support multiple functions,

00:18:28.000 --> 00:18:34.240
 but always looking towards innovative practices for the community.

00:18:34.240 --> 00:18:40.400
 And so we have a couple local examples illustrated here for what some of the innovation areas

00:18:40.400 --> 00:18:42.280
 could look like.

00:18:42.280 --> 00:18:45.360
 Next slide, please.

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.

00:18:48.920 --> 00:18:49.920
 Great.

00:18:49.920 --> 00:18:50.920
 Thanks, Ed.

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

00:18:55.560 --> 00:18:56.560
 we're working on.

00:18:56.560 --> 00:19:01.400
 We, the city, obviously the comprehensive plan is a big effort, but we're also working

00:19:01.400 --> 00:19:06.440
 on a mobility plan, and I think you all may have heard some of that in past applications

00:19:06.440 --> 00:19:08.800
 or past presentations.

00:19:08.800 --> 00:19:13.320
 We started that process about a year and a half ago, maybe two years ago.

00:19:13.320 --> 00:19:17.320
 We are scheduled to have that in line with the comprehensive plan update.

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,

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

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

00:19:33.920 --> 00:19:37.400
 the mobility plan as well, and vice versa.

00:19:37.400 --> 00:19:39.400
 So it works both ways.

00:19:39.400 --> 00:19:43.800
 With that, similarly, the parks recreation and trails master plan is also being worked

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

00:19:51.000 --> 00:19:53.160
 what our schedule is for the comprehensive plan.

00:19:53.160 --> 00:19:59.580
 So we're working with these departments to make sure that we're all working together.

00:19:59.580 --> 00:20:03.720
 Other works that are being done or plans that are being done, our solid waste department

00:20:03.720 --> 00:20:07.760
 is working on a comprehensive solid waste management strategy.

00:20:07.760 --> 00:20:09.800
 That is, again, scheduled for December 21.

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.

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

00:20:18.040 --> 00:20:19.040
 we are.

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

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

00:20:29.840 --> 00:20:30.840
 correct.

00:20:30.840 --> 00:20:34.480
 I wanted to add the drainage storm master plan.

00:20:34.480 --> 00:20:40.480
 This is a little bit more behind in our schedule, but it's an important plan.

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.

00:20:44.040 --> 00:20:46.080
 So we're putting that together.

00:20:46.080 --> 00:20:53.320
 There is a work session scheduled with council next month, actually October, sorry, October.

00:20:53.320 --> 00:20:59.060
 And hopefully with that kickoff or with some direction from council, this effort can start

00:20:59.060 --> 00:21:05.560
 later this year and it's looking to be completed mid to late next year, 2022.

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

00:21:10.720 --> 00:21:11.720
 as we move forward.

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.

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

00:21:21.560 --> 00:21:27.000
 and ask questions or you guys can ask questions related to the comprehensive plan update or

00:21:27.000 --> 00:21:31.320
 anything related to what was presented a few minutes ago.

00:21:31.320 --> 00:21:32.320
 Great.

00:21:32.320 --> 00:21:33.320
 Thanks, Ron.

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?

00:21:39.000 --> 00:21:40.000
 Yes.

00:21:40.000 --> 00:21:41.000
 With matrix.

00:21:41.000 --> 00:21:42.000
 I don't see any questions.

00:21:42.000 --> 00:21:43.000
 Okay.

00:21:43.000 --> 00:21:44.000
 Great.

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.

00:21:48.440 --> 00:21:53.800
 And again, as an introduction, this was something that the council wanted to hear more about

00:21:53.800 --> 00:21:59.440
 and we felt that it was important to share this presentation as well to the planning

00:21:59.440 --> 00:22:00.440
 zoning commission.

00:22:00.440 --> 00:22:05.680
 So, Ed, if you can go ahead and start with the next slide.

00:22:05.680 --> 00:22:06.680
 All right.

00:22:06.680 --> 00:22:09.360
 Well, thank you, Ron.

00:22:09.360 --> 00:22:15.280
 So the next slide is showing a couple of things, describing what form base codes are.

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

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

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

00:22:30.520 --> 00:22:35.760
 a real example of implementation performance codes that I have a personal experience with.

00:22:35.760 --> 00:22:39.000
 So what they are, form base codes really are land development regulations.

00:22:39.000 --> 00:22:45.280
 They're no different than any other land development regulation, whether it be subdivision or zoning,

00:22:45.280 --> 00:22:47.040
 but they do have a different focus.

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

00:22:55.360 --> 00:22:58.120
 the appearance of that structure as well.

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

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

00:23:08.840 --> 00:23:12.360
 uses that would go within that structure.

00:23:12.360 --> 00:23:17.880
 Form base codes are very useful though because they do support and actually really thrive

00:23:17.880 --> 00:23:22.720
 when there is a complementary public realm implementation associated with it.

00:23:22.720 --> 00:23:28.820
 That means a public investment into the street and sidewalks that surround those properties

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.

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

00:23:43.320 --> 00:23:50.320
 code really pushes the community to tailor their public investment and the sidewalks

00:23:50.320 --> 00:23:53.000
 and the streets to support that.

00:23:53.000 --> 00:23:55.760
 What they're not, they're not design guidelines.

00:23:55.760 --> 00:24:02.440
 They can have design elements and oftentimes there will be substantial design related standards

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,

00:24:08.600 --> 00:24:13.280
 it's not about making buildings necessarily look pretty, it's about making the buildings

00:24:13.280 --> 00:24:21.000
 be functional and reusable and adaptable without having to conform with a suburban style or

00:24:21.000 --> 00:24:24.360
 use based development standard.

00:24:24.360 --> 00:24:28.760
 They are not historic preservation codes, although they are very effective when implemented

00:24:28.760 --> 00:24:36.600
 properly at being codes that help ensure character integrity, especially when it comes to preserving

00:24:36.600 --> 00:24:39.600
 a certain form in an area.

00:24:39.600 --> 00:24:43.440
 And they really are not a solution for everything.

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

00:24:49.360 --> 00:24:54.040
 like traditional zoning standards are not, something that can be applied everywhere and

00:24:54.040 --> 00:25:00.240
 can work great without being careful about how it's done from that point.

00:25:00.240 --> 00:25:05.640
 So to that, there are certain advantages and disadvantages to form base code.

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

00:25:11.520 --> 00:25:12.520
 the urban vision.

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

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

00:25:25.520 --> 00:25:26.520
 is.

00:25:26.520 --> 00:25:34.480
 But that can create some complications as well, because it can be a bit inflexible.

00:25:34.480 --> 00:25:40.920
 And that inflexibility, if the community is not educated about the intent or it doesn't

00:25:40.920 --> 00:25:47.520
 have complete buy-in to the vision, can create some disadvantages compared to traditional

00:25:47.520 --> 00:25:51.440
 standards in terms of instigating development in an area.

00:25:51.440 --> 00:25:56.960
 But some of the other advantages are it can really integrate seamlessly into the existing

00:25:56.960 --> 00:26:01.760
 development and the standards can reflect the existing character of an area.

00:26:01.760 --> 00:26:03.720
 It's perfect for that.

00:26:03.720 --> 00:26:09.120
 Those structures that are developed to be adaptable and reusable, because there's less

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,

00:26:15.480 --> 00:26:16.480
 and things like that.

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

00:26:21.480 --> 00:26:29.640
 there is oftentimes much easier than it is with a layered use standard.

00:26:29.640 --> 00:26:34.440
 It reinforces that street-site relationship, placemaking, as I noted before, seeing the

00:26:34.440 --> 00:26:41.040
 vision be put into place, that again creates a predictable end result through the built

00:26:41.040 --> 00:26:47.680
 environment and if done in certain ways, it can reduce the regulatory burden and streamline

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

00:26:54.840 --> 00:27:01.080
 with how that's achieved, which can also be that disadvantage because of the inflexibility.

00:27:01.080 --> 00:27:06.920
 So some of the other ways that it becomes a disadvantage, again, there's the education

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

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

00:27:20.760 --> 00:27:21.760
 use it properly.

00:27:21.760 --> 00:27:25.880
 It requires a lot of education to the development community, so they understand the advantages

00:27:25.880 --> 00:27:31.640
 of using that as a solution, as well as the financing community to help them understand

00:27:31.640 --> 00:27:37.480
 the value of really changing how development is implemented in the community and that it

00:27:37.480 --> 00:27:42.120
 can be profitable and it can be something that increases value tremendously if done

00:27:42.120 --> 00:27:43.120
 right.

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

00:27:48.360 --> 00:27:55.960
 to address compatibility in the traditional use-based way, there may be some conflicts,

00:27:55.960 --> 00:27:59.920
 there may be some incompatible uses that get introduced, and that may result in some

00:27:59.920 --> 00:28:06.240
 traditional regulations being integrated into that to help combat those incompatibilities

00:28:06.240 --> 00:28:12.560
 or unforeseen circumstances that create undue impact on the use of property.

00:28:12.560 --> 00:28:14.360
 Next slide.

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

00:28:22.000 --> 00:28:23.880
 a community in Illinois, Peoria, Illinois.

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

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

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

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

00:28:48.880 --> 00:28:56.600
 that supported the vision for the community, and that was done through a couple-step process,

00:28:56.600 --> 00:29:01.480
 and I think that this is the approach that most communities should look at to making

00:29:01.480 --> 00:29:05.880
 sure their foreign-based codes are successful and that they are beneficial to the community

00:29:05.880 --> 00:29:08.360
 and achieve the vision that's wanted.

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

00:29:15.040 --> 00:29:23.880
 thought-out, well-vetted, community-owned plan for a vision for an area, a neighborhood

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

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

00:29:37.000 --> 00:29:43.920
 of the existing built environment to explain how that vision should be established, and

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

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

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

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

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

00:30:14.520 --> 00:30:17.840
 for how the code is put in place.

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.

00:30:25.320 --> 00:30:31.960
 It tells you where different form-based standards would be implemented, and those standards

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

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

00:30:45.020 --> 00:30:50.920
 front property line, or whether plazas or recesses should be built into the structure

00:30:50.920 --> 00:30:54.120
 to create public spaces off the sidewalk.

00:30:54.120 --> 00:30:59.560
 Ultimately, that regulating plan is going to reinforce that relationship between the

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

00:31:06.240 --> 00:31:11.040
 screen has a large map in the upper right-hand corner.

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

00:31:16.240 --> 00:31:22.540
 area, where it says that any buildings or parcels that front onto this orange area have

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

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

00:31:35.080 --> 00:31:41.480
 the sidewalk edge, a percentage of windows or storefront, if storefront is intended to

00:31:41.480 --> 00:31:44.640
 be a solution in that area.

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,

00:31:48.640 --> 00:31:53.560
 the character change, and that character change was identified, again, through the plan and

00:31:53.560 --> 00:31:58.400
 that assessment of the existing built environment, and the recognition that leaves for Peoria's

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

00:32:06.760 --> 00:32:15.160
 main street approach with two- to six-story buildings, I think, in this area, to lighter

00:32:15.160 --> 00:32:20.920
 intensity structures so they weren't as tall, or structures that had a completely different

00:32:20.920 --> 00:32:28.840
 street approach so that they were more likely to support multifamily structures.

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

00:32:34.620 --> 00:32:37.360
 an actual use for those areas.

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

00:32:42.840 --> 00:32:47.260
 were applicable to the different sides of the parcel.

00:32:47.260 --> 00:32:52.320
 The one parcel might have three different standards applicable to it, and it just really

00:32:52.320 --> 00:32:58.280
 depends on which colors fronting it and which street character was intended to be developed.

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

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

00:33:12.120 --> 00:33:17.760
 standard, but it carried forward some of the standards from form-based code to make sure

00:33:17.760 --> 00:33:23.240
 that the new structures that were built in those areas were consistent with the character

00:33:23.240 --> 00:33:24.240
 in those areas.

00:33:24.240 --> 00:33:27.960
 There was an intention by the community to preserve the integrity of those areas.

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

00:33:33.700 --> 00:33:35.640
 home that was infilled in that area.

00:33:35.640 --> 00:33:40.760
 It would have comments about a maximum number of stories.

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

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

00:33:56.380 --> 00:34:02.360
 owners in that area to use those standards versus full, rigid compliance with the form-based

00:34:02.360 --> 00:34:04.080
 code.

00:34:04.080 --> 00:34:08.880
 So again, why it was approached this way was to really reinforce a vision and solution

00:34:08.880 --> 00:34:14.120
 in the corridors that truly mattered, the placemaking in those corridors, and then ensure

00:34:14.120 --> 00:34:21.440
 that the remaining areas around that was more supported through a lesser touch, but still

00:34:21.440 --> 00:34:25.640
 one that was supportive of the form-based solution in the court.

00:34:25.640 --> 00:34:31.040
 How you achieve that, through clear standards, consistent use, using diagrams to support

00:34:31.040 --> 00:34:36.360
 the code, and then by all of that, you can hopefully produce a simplified and streamlined

00:34:36.360 --> 00:34:37.360
 process.

00:34:37.360 --> 00:34:41.980
 Some of these form-based areas do delve a little bit more into design because there

00:34:41.980 --> 00:34:47.600
 was an interest in the community to have some design concepts be incorporated into the form

00:34:47.600 --> 00:34:53.920
 concept, as well as standards on how you deal with transitions, whether landscaping is involved

00:34:53.920 --> 00:34:59.840
 in walls to shield certain functional parts of those sites from other areas.

00:34:59.840 --> 00:35:05.560
 So there is a blend that typically occurs, but your vision through that planning process

00:35:05.560 --> 00:35:11.640
 is key to determining how that code gets implemented and to what degree it gets implemented.

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,

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

00:35:20.460 --> 00:35:23.240
 update, where we're at.

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

00:35:29.680 --> 00:35:32.840
 happy to answer any other questions you might have about either topic that we discussed

00:35:32.840 --> 00:35:33.840
 today.

00:35:33.840 --> 00:35:37.640
 Great.

00:35:37.640 --> 00:35:39.280
 That really concludes our presentation.

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,

00:35:45.140 --> 00:35:49.200
 we are gearing up for an open house scheduled for September 16th.

00:35:49.200 --> 00:35:53.020
 It will be at the new development services building.

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

00:35:58.680 --> 00:35:59.680
 departments.

00:35:59.680 --> 00:36:04.880
 The mobility plan, the parks master plan, all the plans will also be available for input

00:36:04.880 --> 00:36:05.880
 at that time.

00:36:05.880 --> 00:36:08.960
 Again, we want to make sure that we get input from everybody.

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

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

00:36:18.720 --> 00:36:23.720
 be bringing to you all for adoption at the end of the year.

00:36:23.720 --> 00:36:24.720
 Appreciate the time.

00:36:24.720 --> 00:36:25.720
 Thanks, Ron.

00:36:25.720 --> 00:36:26.720
 Any questions for Ron?

00:36:26.720 --> 00:36:33.440
 My only question is the form-based codes, is that something that's being embedded into

00:36:33.440 --> 00:36:34.440
 the compliance?

00:36:34.440 --> 00:36:35.440
 Is that something being just brainstormed through?

00:36:35.440 --> 00:36:41.400
 It was a request, potentially maybe a discussion for a location.

00:36:41.400 --> 00:36:42.720
 It's an option.

00:36:42.720 --> 00:36:47.320
 As an example, you know, form-based code is something that we considered for the downtown,

00:36:47.320 --> 00:36:52.600
 you know, years ago, but really wasn't implemented at that time.

00:36:52.600 --> 00:36:55.480
 Again, you can see that one example that Ed showed.

00:36:55.480 --> 00:37:00.760
 You can almost imagine that being Hickory Street, you know, as a potential application

00:37:00.760 --> 00:37:01.760
 form-based code.

00:37:01.760 --> 00:37:02.760
 It'd be high-level.

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

00:37:07.000 --> 00:37:10.600
 something that we want to pursue, but nothing yet has been formalized.

00:37:10.600 --> 00:37:11.600
 Gotcha.

00:37:11.600 --> 00:37:12.600
 Thanks.

00:37:12.600 --> 00:37:13.600
 Any other questions?

00:37:13.600 --> 00:37:14.600
 Thanks, Ron.

00:37:14.600 --> 00:37:15.600
 Great.

00:37:15.600 --> 00:37:16.600
 Thank you.

00:37:16.600 --> 00:37:21.640
 That moves us to a walkthrough of the agenda this evening.

00:37:21.640 --> 00:37:25.120
 The first thing is the consideration of the minutes from July 14th.

00:37:25.120 --> 00:37:29.480
 There was a circulation of an edit, but is there any – hopefully everyone got to that

00:37:29.480 --> 00:37:31.960
 email regarding the change to the minutes.

00:37:31.960 --> 00:37:37.160
 Is there any other questions or comments for July 14th minutes?

00:37:37.160 --> 00:37:38.720
 Okay.

00:37:38.720 --> 00:37:41.080
 Next item of business is the consent agenda.

00:37:41.080 --> 00:37:47.560
 Is there any questions for FR21-0006A for Ron?

00:37:47.560 --> 00:37:51.260
 Great.

00:37:51.260 --> 00:37:53.460
 Now we move to our individual consideration items.

00:37:53.460 --> 00:38:00.800
 This is 4A, FP21-0005B, and I'll invite Julie Wyatt for presentation.

00:38:00.800 --> 00:38:01.800
 Good evening.

00:38:01.800 --> 00:38:05.760
 Let me make sure – good evening.

00:38:05.760 --> 00:38:19.800
 I'm Julie Wyatt, Senior Planner with the City of Denton.

00:38:19.800 --> 00:38:25.280
 This is on the individual consideration portion of your agenda tonight; however, they did

00:38:25.280 --> 00:38:31.280
 address all of staff's comments, so we are recommending approval of this, of this proposed

00:38:31.280 --> 00:38:32.280
 final plan.

00:38:32.280 --> 00:38:33.840
 It is for the Gray Wolf edition.

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,

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

00:38:45.160 --> 00:38:46.880
 to answer any questions.

00:38:46.880 --> 00:38:48.660
 Thanks, Julie.

00:38:48.660 --> 00:38:51.520
 Any questions for Julie on this item?

00:38:51.520 --> 00:38:53.160
 I don't see any.

00:38:53.160 --> 00:38:55.720
 We can move to FP21-0020.

00:38:55.720 --> 00:38:58.160
 This is also Julie.

00:38:58.160 --> 00:39:01.280
 This is also a four-plex development.

00:39:01.280 --> 00:39:05.760
 It is located adjacent to Loop 288, just west of Loop 288.

00:39:05.760 --> 00:39:08.000
 You may – this may look familiar.

00:39:08.000 --> 00:39:13.000
 There was a preliminary plat approved recently for this proposal.

00:39:13.000 --> 00:39:18.160
 They does have some more comments that they need to address regarding standards within

00:39:18.160 --> 00:39:22.520
 the Denton Development Code, and so staff does recommend denial of the request.

00:39:22.520 --> 00:39:26.720
 However, they have requested an extension, and we have no opposition to the extension

00:39:26.720 --> 00:39:31.200
 to the August 18th meeting.

00:39:31.200 --> 00:39:34.520
 Any questions for Julie?

00:39:34.520 --> 00:39:35.520
 I don't see any.

00:39:35.520 --> 00:39:40.760
 Next item is 4C, PP21-0012A, and this is Haley's item.

00:39:40.760 --> 00:39:43.200
 All right, good evening.

00:39:43.200 --> 00:39:46.440
 This is a preliminary plat for the Urban Logistics Edition.

00:39:46.440 --> 00:39:50.120
 You all may recognize this from a recent zoning change on the same property.

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

00:39:56.080 --> 00:39:57.680
 warehouse-type buildings.

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

00:40:01.800 --> 00:40:04.600
 requirements outlined in your backup.

00:40:04.600 --> 00:40:08.840
 This plat has previously received an extension, so we are recommending denial at this time.

00:40:08.840 --> 00:40:12.640
 I'm happy to answer any questions.

00:40:12.640 --> 00:40:14.360
 Any questions for Haley?

00:40:14.360 --> 00:40:15.360
 Okay.

00:40:15.360 --> 00:40:22.320
 Seeing none, we'll move to item 4D, FP21-0019, and this is also Haley's.

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

00:40:29.080 --> 00:40:31.440
 of Barthold, as you can see on the map.

00:40:31.440 --> 00:40:35.680
 Since the agenda posting, the applicant has resolved all of the outstanding comments.

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

00:40:39.720 --> 00:40:43.280
 that was sent earlier today, because they did notice they needed to update the ownership

00:40:43.280 --> 00:40:44.280
 on the plat.

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

00:40:48.000 --> 00:40:49.480
 we are now recommending approval.

00:40:49.480 --> 00:40:50.480
 Great.

00:40:50.480 --> 00:40:52.680
 Any questions for Haley on this item?

00:40:52.680 --> 00:40:53.680
 All right.

00:40:53.680 --> 00:41:01.160
 Seeing none, I'll move to the last item for individual consideration, item 4E, FP19-0023.

00:41:01.160 --> 00:41:02.840
 Invite Mark Laird for a presentation.

00:41:02.840 --> 00:41:03.840
 Good to see you.

00:41:03.840 --> 00:41:04.840
 Good to see you.

00:41:04.840 --> 00:41:05.840
 Good evening.

00:41:05.840 --> 00:41:06.840
 My name is Mark Laird.

00:41:06.840 --> 00:41:08.600
 I'm an associate planner with the development service department.

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.

00:41:16.400 --> 00:41:20.800
 This lot is a mixed-use neighborhood lot.

00:41:20.800 --> 00:41:28.160
 It is 5.7 acres and is generally located on the east line of FM-2499.

00:41:28.160 --> 00:41:32.160
 Staff recommends approval, and I stand for any questions.

00:41:32.160 --> 00:41:34.120
 Any questions for Mark on this item?

00:41:34.120 --> 00:41:36.060
 I don't see any.

00:41:36.060 --> 00:41:38.700
 Thank you very much.

00:41:38.700 --> 00:41:46.800
 That moves us to our public hearing items for this evening, starting with 5AZ21-0009,

00:41:46.800 --> 00:41:49.560
 and I'll invite Cameron Robertson for presentation.

00:41:49.560 --> 00:41:50.560
 Okay.

00:41:50.560 --> 00:41:51.560
 Sorry.

00:41:51.560 --> 00:42:14.160
 Okay, good evening, everyone.

00:42:14.160 --> 00:42:15.160
 My name is Cameron Robertson.

00:42:15.160 --> 00:42:18.840
 I'm the historic preservation officer for the city of Denton.

00:42:18.840 --> 00:42:24.080
 I'm presenting Z21-009, which is a residential zoning.

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

00:42:31.560 --> 00:42:33.640
 residential one district.

00:42:33.640 --> 00:42:38.920
 The subject property is currently vacant and based off historic aerials, it has not previously

00:42:38.920 --> 00:42:39.920
 been developed.

00:42:39.920 --> 00:42:45.960
 It is generally located on the east side of South Bonnie Bray Street, approximately 830

00:42:45.960 --> 00:42:49.040
 feet north of Allred Road.

00:42:49.040 --> 00:42:55.760
 It is surrounded by RR, residential two, the ETJ, and city-owned public facilities districts

00:42:55.760 --> 00:42:57.680
 to the west.

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,

00:43:03.400 --> 00:43:06.440
 you can see it highlighted in the black square right there.

00:43:06.440 --> 00:43:11.240
 It was part of the 2010 annexation to the city.

00:43:11.240 --> 00:43:16.120
 So at that time, I was given the placeholder of RD5X.

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,

00:43:21.920 --> 00:43:25.700
 and proposed zoning map, you see it as an R1.

00:43:25.700 --> 00:43:29.400
 So we have our general approval criteria for all applications.

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

00:43:33.960 --> 00:43:39.000
 for approval, which I'll be focusing on one, six, and seven.

00:43:39.000 --> 00:43:43.620
 So the Denton Plan 2030, this site is designated rural area.

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

00:43:48.880 --> 00:43:55.600
 predominant use, along with rural residential and commercial developments such as feed stores.

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

00:44:01.040 --> 00:44:06.600
 density housing type at a scale and character that's typically found in the area.

00:44:06.600 --> 00:44:12.200
 And according to looking at point A of Denton Plan 2030, it does state that development

00:44:12.200 --> 00:44:18.020
 may include single family homes on large lots, as well as farms and ranches.

00:44:18.020 --> 00:44:22.440
 So the R1 is consistent with surrounding zoning and development pattern.

00:44:22.440 --> 00:44:27.160
 The existing land use pattern along South Bonnie Bray is primarily residential, and

00:44:27.160 --> 00:44:30.800
 it does include residential farming and ranching uses.

00:44:30.800 --> 00:44:34.760
 This development pattern is expected and encouraged on the city's periphery.

00:44:34.760 --> 00:44:39.840
 This rezoning would allow for the development of a single family detached dwelling.

00:44:39.840 --> 00:44:45.360
 It would be required to maintain that primarily rural scenic character that it currently exists,

00:44:45.360 --> 00:44:50.140
 and have development at a low profile residence on a large lot.

00:44:50.140 --> 00:44:54.560
 There is no direct vehicular connection to the neighborhood to the east, except along

00:44:54.560 --> 00:44:59.200
 South Bonnie Bray Street, and the development would be required to conform with current

00:44:59.200 --> 00:45:04.080
 site design standards, including screening and landscaping.

00:45:04.080 --> 00:45:09.160
 So in terms of public facilities and services available, there would be one driveway connection

00:45:09.160 --> 00:45:14.180
 to South Bonnie Bray Street for the proposed future single family detached dwelling.

00:45:14.180 --> 00:45:18.680
 It is within the attendance zones of Borman Elementary School, McMath Middle School, and

00:45:18.680 --> 00:45:22.920
 Denton High School, and it would generate approximately one student.

00:45:22.920 --> 00:45:27.880
 The subject property is located approximately 3.9 miles from South Lakes Park.

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

00:45:32.760 --> 00:45:38.400
 of the subject property across South Bonnie Bray, the property is owned by the city of

00:45:38.400 --> 00:45:44.240
 Denton, and it is intended to be developed as a future regional park.

00:45:44.240 --> 00:45:48.020
 Public water service is available to the site.

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

00:45:51.480 --> 00:45:52.640
 connected to.

00:45:52.640 --> 00:45:57.840
 However, the wastewater service is not available, so they would have to do a septic tank.

00:45:57.840 --> 00:46:05.160
 The closest fire station is approximately 1.4 miles from Denton City Fire Station 7.

00:46:05.160 --> 00:46:10.400
 So talking about the error in establishing the current zoning, so this was not an error

00:46:10.400 --> 00:46:12.360
 in the assignment of the current zoning district.

00:46:12.360 --> 00:46:18.360
 As I said previously, a transition from the placeholder designation of RD5X assigned to

00:46:18.360 --> 00:46:24.400
 it during the annexation in 2010, and this RD5X designation required the same five acre

00:46:24.400 --> 00:46:29.080
 minimum lot size as the current RR district that we have today.

00:46:29.080 --> 00:46:33.480
 So to meet those current standards of the development code, the property must be rezoned

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

00:46:38.400 --> 00:46:39.400
 family use.

00:46:39.400 --> 00:46:44.500
 Therefore, the existing RR district is no longer appropriate.

00:46:44.500 --> 00:46:48.460
 We did have public outreach on, we did a newspaper ad on July 18th.

00:46:48.460 --> 00:46:51.440
 The property was posted on July 14th.

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

00:46:57.680 --> 00:47:00.840
 courtesy notices were mailed to five people.

00:47:00.840 --> 00:47:02.780
 We did have one person in opposition.

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

00:47:08.800 --> 00:47:09.920
 area.

00:47:09.920 --> 00:47:17.360
 And this is the property of 4681 South Bonnie Bray, and the owner is Kyle Whelan.

00:47:17.360 --> 00:47:21.360
 As you can see, we also had no one in favor and no one neutral.

00:47:21.360 --> 00:47:26.000
 That does recommend approval of the request of rezoning as it does comply with our criteria

00:47:26.000 --> 00:47:31.920
 in sections 2.4.5E and 2.72D of the Denton Development Code.

00:47:31.920 --> 00:47:32.920
 And I'm open for any questions.

00:47:32.920 --> 00:47:33.920
 Thanks, Karen.

00:47:33.920 --> 00:47:34.920
 We do have one right now.

00:47:34.920 --> 00:47:35.920
 Mr. Ellis.

00:47:35.920 --> 00:47:36.920
 Thank you, Chair Cameron.

00:47:36.920 --> 00:47:38.120
 Thanks for the presentation.

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

00:47:43.880 --> 00:47:45.400
 that person at all?

00:47:45.400 --> 00:47:46.960
 Yes, I did.

00:47:46.960 --> 00:47:52.600
 Were you able to clear anything, or I'm just wondering how that conversation went?

00:47:52.600 --> 00:47:57.120
 Because I don't know if they quite understood what was happening here.

00:47:57.120 --> 00:48:02.720
 It was more a discussion of what was to come in the future.

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

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

00:48:12.040 --> 00:48:13.040
 the applicant.

00:48:13.040 --> 00:48:14.680
 You know, that is something to look forward to in the future.

00:48:14.680 --> 00:48:17.100
 This is just rezoning itself.

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

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

00:48:27.320 --> 00:48:32.120
 home, they have to switch to that R1 just to meet our current minimum lot size.

00:48:32.120 --> 00:48:33.120
 Right.

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

00:48:36.000 --> 00:48:37.000
 before us.

00:48:37.000 --> 00:48:38.000
 Right.

00:48:38.000 --> 00:48:39.000
 Okay.

00:48:39.000 --> 00:48:40.000
 Okay.

00:48:40.000 --> 00:48:41.000
 Thanks.

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?

00:48:46.000 --> 00:48:47.000
 Do you know?

00:48:47.000 --> 00:48:51.480
 I'm not positive, Haley.

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

00:48:55.900 --> 00:48:58.240
 annexation plan that was going through at the time.

00:48:58.240 --> 00:49:01.520
 So like we have the non-annexation agreement areas today, those were some of those kind

00:49:01.520 --> 00:49:04.360
 of donut holes within the city that were pursued.

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

00:49:07.800 --> 00:49:08.800
 agreement.

00:49:08.800 --> 00:49:13.280
 So this property owner and those others entered into the city at that time through voluntary

00:49:13.280 --> 00:49:14.720
 annexation.

00:49:14.720 --> 00:49:18.360
 There are still some holdouts in that area that have the non-annexation agreements, though,

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.

00:49:22.440 --> 00:49:23.440
 Gotcha.

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

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

00:49:33.480 --> 00:49:36.720
 build or for them to sell to someone who could build.

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

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

00:49:48.160 --> 00:49:49.160
 changed?

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

00:49:54.680 --> 00:49:57.040
 of the exact price.

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,

00:50:02.240 --> 00:50:04.240
 I believe it's under a $1,000 fee.

00:50:04.240 --> 00:50:05.240
 Okay.

00:50:05.240 --> 00:50:06.240
 Great.

00:50:06.240 --> 00:50:07.240
 Thank you.

00:50:07.240 --> 00:50:08.240
 Any other questions?

00:50:08.240 --> 00:50:11.960
 Do you have any, or are you just not cleared?

00:50:11.960 --> 00:50:12.960
 We're good.

00:50:12.960 --> 00:50:14.440
 I think that's it.

00:50:14.440 --> 00:50:15.440
 Okay.

00:50:15.440 --> 00:50:16.440
 Thanks, Cameron.

00:50:16.440 --> 00:50:20.680
 The next item, 5B, PD 21-002A, is being postponed.

00:50:20.680 --> 00:50:22.040
 We'll take no action on it this evening.

00:50:22.040 --> 00:50:26.600
 It'll move to a date uncertain, be reposted, and come back to us.

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

00:50:33.640 --> 00:50:37.000
 for presentation, and just I want to let the record show that Commissioner Smith has joined

00:50:37.000 --> 00:50:38.000
 us.

00:50:38.000 --> 00:50:39.000
 Welcome.

00:50:39.000 --> 00:50:40.000
 All right.

00:50:40.000 --> 00:50:41.000
 Good evening.

00:50:41.000 --> 00:50:58.640
 This is a specific use permit request for Millennium Crest Multifamily.

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

00:51:03.200 --> 00:51:08.880
 developed on the site, so they are requesting a maximum building height of 60 feet.

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.

00:51:14.480 --> 00:51:20.000
 They are intending to develop the multifamily on the western 6.2 acres of the property,

00:51:20.000 --> 00:51:25.000
 leaving the remaining 1.4 on the eastern side for future commercial development.

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.

00:51:30.800 --> 00:51:34.840
 The multifamily use is permitted by right within the mixed-use neighborhood district.

00:51:34.840 --> 00:51:39.480
 However, that district requires for any use, not just multifamily, that if the building

00:51:39.480 --> 00:51:44.600
 height would be over 40 feet, that they would require or they would obtain an SUP.

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

00:51:49.440 --> 00:51:52.360
 need the SUP.

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

00:51:56.600 --> 00:52:00.720
 that increase the difference of 20 feet from 40 to 60.

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

00:52:04.960 --> 00:52:06.480
 height is measured.

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

00:52:10.280 --> 00:52:14.920
 of each section of the building to the actual roof of the building, excluding any parapets

00:52:14.920 --> 00:52:19.040
 that might extend over that for screening of mechanical equipment or just architectural

00:52:19.040 --> 00:52:21.160
 detailing.

00:52:21.160 --> 00:52:24.440
 In this case, the finished grade is pretty important to the request.

00:52:24.440 --> 00:52:28.240
 You can see here on the screen just a screenshot of the topography of the site.

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,

00:52:33.200 --> 00:52:34.200
 and it slopes down pretty severely.

00:52:34.200 --> 00:52:39.240
 There is about 30 feet of grade change across the entire site.

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

00:52:42.760 --> 00:52:43.760
 the building.

00:52:43.760 --> 00:52:48.700
 The highest point of it would be this portion here where the leasing office is located.

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

00:52:53.280 --> 00:52:55.200
 from the foundation to the rooftop.

00:52:55.200 --> 00:52:59.760
 However, because that height measurement like we just looked at is taken at average grade,

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,

00:53:03.760 --> 00:53:08.160
 it would actually be measured at 58 feet in total building height.

00:53:08.160 --> 00:53:12.060
 They are requesting that maximum of 60 because of the significant topography on the site

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

00:53:16.760 --> 00:53:19.720
 plans because they are still in the entitlement phase.

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

00:53:23.260 --> 00:53:28.600
 quite what they expect to allow them up to 60 feet.

00:53:28.600 --> 00:53:31.680
 This is a look at the south side of the proposed building.

00:53:31.680 --> 00:53:35.280
 This would be the side facing towards the single-family residences to the south.

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,

00:53:39.800 --> 00:53:40.800
 7 inches.

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,

00:53:45.640 --> 00:53:48.720
 we exclude those for our measurement of building height.

00:53:48.720 --> 00:53:53.360
 These are some of the conceptual renderings that were included in your backup, so you

00:53:53.360 --> 00:53:57.120
 can see here the proposed building looking towards that leasing office, which again is

00:53:57.120 --> 00:53:58.360
 the highest point of the building.

00:53:58.360 --> 00:54:02.440
 It is located on the north side, furthest away from those residences, and then you can

00:54:02.440 --> 00:54:07.200
 see here just some renderings of what this would look like, kind of an aerial perspective

00:54:07.200 --> 00:54:11.800
 looking from the south where that neighborhood is located towards the building.

00:54:11.800 --> 00:54:16.180
 We will not go through all of the criteria for approval.

00:54:16.180 --> 00:54:17.680
 Those are outlined in your backup.

00:54:17.680 --> 00:54:23.560
 We will look more specifically at these criteria that are specific to a specific use permit.

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

00:54:27.820 --> 00:54:29.920
 as regional mixed use.

00:54:29.920 --> 00:54:34.360
 That is kind of a mixed use, but predominantly commercial or higher intensity residential

00:54:34.360 --> 00:54:39.520
 designation that's applied along our major corridors, so much of the property along I-35

00:54:39.520 --> 00:54:41.080
 has this designation.

00:54:41.080 --> 00:54:44.960
 It's intended for kind of the highest level of intensity of development within the city

00:54:44.960 --> 00:54:46.520
 without it being industrial.

00:54:46.520 --> 00:54:51.320
 So those hospital campuses, large scale retail, moderate to high density residential are all

00:54:51.320 --> 00:54:55.360
 typical uses we would see in these areas.

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,

00:54:59.200 --> 00:55:02.200
 but that is a use that would be consistent with this designation.

00:55:02.200 --> 00:55:07.080
 And similarly, multi-story buildings, especially for residential, are typical along I-35 and

00:55:07.080 --> 00:55:10.960
 are consistent with the description of the regional mixed use area.

00:55:10.960 --> 00:55:14.680
 And additionally, as we'll look at in a little more detail, by requesting the additional

00:55:14.680 --> 00:55:18.680
 height, they are creating a more compact building footprint that allows for greater buffering

00:55:18.680 --> 00:55:22.640
 and tree preservation on site.

00:55:22.640 --> 00:55:26.560
 So looking a little more closely at their site design and in terms of its compatibility

00:55:26.560 --> 00:55:31.600
 with the surrounding area, as I mentioned, that 60-foot building height is really not

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,

00:55:35.640 --> 00:55:41.720
 looking at the hospitals, the mall, developments at Razor Ranch for similar comparisons.

00:55:41.720 --> 00:55:46.320
 But with their site, they are concentrating the building development in this area.

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

00:55:50.360 --> 00:55:53.140
 and still accommodate fire lanes.

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

00:55:57.160 --> 00:55:58.160
 proposing.

00:55:58.160 --> 00:56:00.500
 We'll look at those a little more closely in a moment.

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

00:56:05.440 --> 00:56:09.560
 housing use and on the south side where they have a single-family residential.

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,

00:56:13.080 --> 00:56:17.480
 the dark green areas that I've highlighted are those areas of new landscaping that they

00:56:17.480 --> 00:56:19.360
 would be adding to the building.

00:56:19.360 --> 00:56:22.480
 They did decrease the buffer width here on the north side where they abut commercial

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.

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

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

00:56:33.880 --> 00:56:38.280
 with the detention needed for both lots, they could still accommodate required tree preservation

00:56:38.280 --> 00:56:43.640
 there and fit that future retail building.

00:56:43.640 --> 00:56:47.640
 So again, just looking at some different features related to compatibility, they did a site

00:56:47.640 --> 00:56:48.640
 visibility study.

00:56:48.640 --> 00:56:52.320
 So you can see some of the results of that here on the screen.

00:56:52.320 --> 00:56:56.400
 Just looking at line of sight from some of those residential lots, what would the building

00:56:56.400 --> 00:56:58.400
 look like from their perspective.

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

00:57:02.200 --> 00:57:06.280
 there would be significant screening of the building from that adjacent neighborhood.

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

00:57:11.160 --> 00:57:12.440
 of what those trees actually look like.

00:57:12.440 --> 00:57:15.760
 So you can see here some images from January of this year.

00:57:15.760 --> 00:57:18.360
 Even in the winter, there was still significant tree canopy on site.

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

00:57:23.400 --> 00:57:29.640
 that would be maintained along that south and west property line.

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

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

00:57:40.200 --> 00:57:44.640
 area with, aside from this parcel, the only undeveloped land is really those out parcels

00:57:44.640 --> 00:57:46.360
 left in front of buckies.

00:57:46.360 --> 00:57:50.940
 It's not expected that this multifamily development would have any significant impact on those.

00:57:50.940 --> 00:57:53.920
 The increase in building height would not affect those properties in any way.

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

00:57:58.920 --> 00:58:01.600
 similar requirements.

00:58:01.600 --> 00:58:04.840
 And then finally, the site plan and landscape plan for this development indicate they can

00:58:04.840 --> 00:58:06.560
 meet all of our DDC requirements.

00:58:06.560 --> 00:58:10.760
 So even though they're just requesting building height adjustment here, we did look at the

00:58:10.760 --> 00:58:18.160
 full plans to make sure that they could meet all of our other site design requirements.

00:58:18.160 --> 00:58:21.760
 One of the additional criteria is mitigating any negative impacts that they could have.

00:58:21.760 --> 00:58:25.200
 So I first wanted to point out just a base requirement in our code.

00:58:25.200 --> 00:58:29.720
 In subchapter seven, we have protections built in for height transition areas adjacent to

00:58:29.720 --> 00:58:31.160
 single family.

00:58:31.160 --> 00:58:36.420
 So because this site is a mixed use neighborhood abutting a residential three zoning district,

00:58:36.420 --> 00:58:38.380
 this did come into play.

00:58:38.380 --> 00:58:41.800
 And the code requires that any portion of their building that would be located within

00:58:41.800 --> 00:58:46.840
 50 feet of that R3 zoning could only have the maximum height of the R3 zoning.

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

00:58:50.800 --> 00:58:53.220
 been limited to 40 feet in height.

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

00:58:57.920 --> 00:59:01.880
 15 feet of height, so they could have gone up to 15 feet or 55 feet.

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

00:59:05.560 --> 00:59:06.560
 results in.

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

00:59:11.480 --> 00:59:12.480
 district.

00:59:12.480 --> 00:59:15.840
 Again, in this case, there is that SUP requirement that applies.

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

00:59:19.960 --> 00:59:21.140
 way across with their building.

00:59:21.140 --> 00:59:25.080
 So this standard didn't come into play, but it is something that the code contemplated

00:59:25.080 --> 00:59:29.000
 to build in that protection.

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

00:59:32.800 --> 00:59:35.660
 earlier in terms of a compact building design.

00:59:35.660 --> 00:59:40.080
 So typically with multifamily, we see large parking lots surrounding the building.

00:59:40.080 --> 00:59:43.960
 They have, again, made everything on this site very compact due to the nature of the

00:59:43.960 --> 00:59:48.400
 site and the topography, as well as the desire to buffer those adjacent uses.

00:59:48.400 --> 00:59:51.640
 Parking is concentrated in a wrapped parking garage in the middle of the building.

00:59:51.640 --> 00:59:54.820
 They have a total of 383 parking spaces.

00:59:54.820 --> 00:59:57.960
 Only 12 of those for the multifamily are actually going to be on the surface.

00:59:57.960 --> 01:00:02.980
 Those would be in this orange area here adjacent to the leasing office.

01:00:02.980 --> 01:00:05.680
 The building is proposed at four stories.

01:00:05.680 --> 01:00:09.400
 And then some of the other things to point out, whereas we typically see detention ponds

01:00:09.400 --> 01:00:14.480
 on the periphery of a development, again, with that split in the topography, they needed

01:00:14.480 --> 01:00:17.500
 two detention areas to deal with the site drainage.

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

01:00:21.640 --> 01:00:22.640
 courtyard.

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.

01:00:29.900 --> 01:00:33.640
 And then they also have incorporated underground detention under the fire lane to handle the

01:00:33.640 --> 01:00:37.680
 rest of that drainage and get it to the outfall that was stubbed to the site.

01:00:37.680 --> 01:00:41.000
 And then on the eastern part of the site, they would have that surface detention pond.

01:00:41.000 --> 01:00:45.500
 But again, they have looked at the tree preservation for the entire property and confirmed that

01:00:45.500 --> 01:00:48.960
 they can accommodate that detention pond and still meet tree preservation on that future

01:00:48.960 --> 01:00:50.960
 lot.

01:00:50.960 --> 01:00:54.760
 And then as I mentioned earlier, they are proposing substantially larger buffers than

01:00:54.760 --> 01:00:57.060
 what would be required by code.

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

01:01:01.160 --> 01:01:02.160
 wide buffer.

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

01:01:06.960 --> 01:01:08.080
 property.

01:01:08.080 --> 01:01:12.840
 And then similarly, a 10-foot buffer would have been required on the western boundary

01:01:12.840 --> 01:01:13.840
 of the site.

01:01:13.840 --> 01:01:18.880
 They are proposing an area that's a minimum of 83 feet deep on that area.

01:01:18.880 --> 01:01:23.440
 The western portion, they are proposing to amenitize with a dog park for the residents.

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

01:01:27.680 --> 01:01:32.800
 trail feature with butterfly gardens and benches throughout a portion of the southern buffer

01:01:32.800 --> 01:01:35.840
 to again have an amenity for the residents built into this area.

01:01:35.840 --> 01:01:38.200
 Hey, Haley, can I interrupt you real fast?

01:01:38.200 --> 01:01:39.200
 Sure.

01:01:39.200 --> 01:01:44.160
 The apartment itself is 100 feet from the southern border, but you said the buffer width

01:01:44.160 --> 01:01:45.800
 on the south is 65 feet.

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?

01:01:51.600 --> 01:01:52.600
 Correct.

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.

01:01:58.320 --> 01:01:59.880
 They need that additional width of fire lane.

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

01:02:05.600 --> 01:02:09.120
 additional landscaping here against the building, totals 100.

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.

01:02:16.560 --> 01:02:18.880
 I think it's an elderly facility to the west.

01:02:18.880 --> 01:02:22.140
 There's not any issue on the height setback on that end either, correct?

01:02:22.140 --> 01:02:26.440
 That is an MN zoning district, so that standard only applies to our residential districts.

01:02:26.440 --> 01:02:27.440
 Great.

01:02:27.440 --> 01:02:28.440
 Thank you.

01:02:28.440 --> 01:02:30.600
 You're welcome.

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

01:02:34.200 --> 01:02:37.440
 minimum landscape and tree canopy requirements for the site.

01:02:37.440 --> 01:02:41.160
 And additionally, along these property boundaries, where they about those more sensitive uses,

01:02:41.160 --> 01:02:42.720
 they are proposing fencing.

01:02:42.720 --> 01:02:47.880
 They propose ornamental metal fencing here adjacent to the elderly housing use.

01:02:47.880 --> 01:02:52.680
 And then on the southern side, they're proposing eight-foot wooden fences consistent with what

01:02:52.680 --> 01:02:58.520
 the residents already have in place at that location.

01:02:58.520 --> 01:03:02.120
 And then our final criteria relates to the provision of public facilities and adequate

01:03:02.120 --> 01:03:03.320
 transportation.

01:03:03.320 --> 01:03:07.600
 So looking first at the roadway network, this site is rather unique.

01:03:07.600 --> 01:03:10.360
 It has one point of access to I-35.

01:03:10.360 --> 01:03:14.600
 It is kind of nestled behind this existing commercial development.

01:03:14.600 --> 01:03:18.280
 Their daily trips would normally meet our requirements for traffic impact analysis.

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

01:03:24.280 --> 01:03:27.480
 the improvements of the frontage roads and the improvements at the intersection with

01:03:27.480 --> 01:03:31.200
 Brinker, they actually built all of the improvements that would be required for this site.

01:03:31.200 --> 01:03:34.440
 So there's nothing additional that this developer would require.

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

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

01:03:43.000 --> 01:03:47.600
 turning movements only.

01:03:47.600 --> 01:03:49.720
 Water and wastewater services are available to the site.

01:03:49.720 --> 01:03:53.040
 You can see here that water lines are stubbed to the north at two ends.

01:03:53.040 --> 01:03:56.280
 They do have sewer lines stubbed from the Buggies property, as well as the south side.

01:03:56.280 --> 01:04:00.080
 There is adequate capacity for both of those to serve this location.

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

01:04:03.920 --> 01:04:08.400
 stations, numbers eight and six.

01:04:08.400 --> 01:04:09.720
 Public outreach was conducted.

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.

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

01:04:20.480 --> 01:04:23.320
 complexes across I-35.

01:04:23.320 --> 01:04:25.560
 We've received 11 responses to date.

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

01:04:28.960 --> 01:04:30.200
 on Friday.

01:04:30.200 --> 01:04:34.280
 Total, they're at 9.79% opposition at this time.

01:04:34.280 --> 01:04:38.000
 The applicant did hold two neighborhood meetings, one in March, one in July, and they provided

01:04:38.000 --> 01:04:42.160
 summaries of those that was in your backup.

01:04:42.160 --> 01:04:45.640
 And finally, staff is recommending approval with a few conditions.

01:04:45.640 --> 01:04:47.480
 These probably look familiar to many of you.

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

01:04:51.320 --> 01:04:57.020
 landscape plan, and the elevations that we've looked at are all tied to that ordinance.

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

01:05:00.800 --> 01:05:04.100
 that we've looked at being attached as part of the ordinance.

01:05:04.100 --> 01:05:07.200
 It does allow for minor alterations on the landscape plan.

01:05:07.200 --> 01:05:10.880
 For example, if some of the plant species become unavailable or there's difficulties,

01:05:10.880 --> 01:05:14.760
 we could make some minor adjustments to that at the staff level.

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

01:05:20.320 --> 01:05:26.400
 to P&Z and council, with the exception of, again, some minor modifications that we typically

01:05:26.400 --> 01:05:31.600
 build into our SUPs to allow them up to 5% deviation from those numerical standards.

01:05:31.600 --> 01:05:33.960
 You will see a couple things highlighted on the screen in red.

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

01:05:38.440 --> 01:05:39.440
 for that.

01:05:39.440 --> 01:05:43.360
 I wanted to clarify that this square footage is the total building area, not the footprint

01:05:43.360 --> 01:05:46.040
 of the building as I had originally indicated.

01:05:46.040 --> 01:05:49.640
 And I did have an error in my calculation for building coverage, so that is corrected

01:05:49.640 --> 01:05:51.640
 here as well.

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

01:05:55.120 --> 01:05:58.320
 this SUP as is required by the DDC.

01:05:58.320 --> 01:06:00.800
 And with that, I'm happy to answer any questions.

01:06:00.800 --> 01:06:02.960
 Commissioner Ellis.

01:06:02.960 --> 01:06:03.960
 Thank you, Chair.

01:06:03.960 --> 01:06:05.560
 Haley, thank you.

01:06:05.560 --> 01:06:10.720
 I think there's going to be significant EESA issues here.

01:06:10.720 --> 01:06:13.520
 Has any of that been discussed?

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,

01:06:20.640 --> 01:06:22.860
 that is actually not an EESA.

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

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

01:06:32.440 --> 01:06:35.000
 part of this area.

01:06:35.000 --> 01:06:40.800
 Prior to our EESA code being adopted, many of the subdivision to the south, the development

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

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

01:06:50.980 --> 01:06:53.240
 adopted in 2002.

01:06:53.240 --> 01:06:56.880
 So today they are subject only to our standard tree preservation requirements.

01:06:56.880 --> 01:06:57.880
 Okay.

01:06:57.880 --> 01:06:58.880
 I see.

01:06:58.880 --> 01:06:59.880
 Thank you.

01:06:59.880 --> 01:07:00.880
 Commissioner Smith.

01:07:00.880 --> 01:07:01.880
 Thank you, Chair.

01:07:01.880 --> 01:07:07.960
 Haley, just to get confirmation, the lowest point of the building itself, as it's currently

01:07:07.960 --> 01:07:12.160
 drawn, even with the grading, is still 47 feet, give or take?

01:07:12.160 --> 01:07:13.160
 Correct.

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

01:07:18.000 --> 01:07:19.440
 an SUP no matter what.

01:07:19.440 --> 01:07:20.440
 Correct.

01:07:20.440 --> 01:07:23.480
 There are pieces in there that talk about the highest point, this grading, and so on

01:07:23.480 --> 01:07:24.480
 and so forth.

01:07:24.480 --> 01:07:28.640
 Well, even the lowest point, it's still an SUP, right?

01:07:28.640 --> 01:07:29.640
 Correct.

01:07:29.640 --> 01:07:32.360
 And yeah, that's actually it.

01:07:32.360 --> 01:07:33.360
 Thank you.

01:07:33.360 --> 01:07:34.360
 Okay.

01:07:34.360 --> 01:07:36.240
 Any other questions for Haley?

01:07:36.240 --> 01:07:38.240
 Commissioner Pruitt?

01:07:38.240 --> 01:07:40.680
 Yeah, just a question.

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

01:07:47.500 --> 01:07:50.320
 grade at the property line to the south?

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

01:07:53.440 --> 01:07:54.440
 meeting.

01:07:54.440 --> 01:07:55.440
 I think that would be helpful.

01:07:55.440 --> 01:07:56.440
 Thank you.

01:07:56.440 --> 01:07:57.440
 Any other questions?

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

01:08:04.600 --> 01:08:05.880
 the requirement there?

01:08:05.880 --> 01:08:06.880
 Correct.

01:08:06.880 --> 01:08:09.360
 So they do require two points of access.

01:08:09.360 --> 01:08:12.960
 They will have, of course, their driveway here that they'll share with this future retail

01:08:12.960 --> 01:08:13.960
 lot.

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

01:08:18.840 --> 01:08:22.080
 lane, and I don't know if you can see it on the aerial.

01:08:22.080 --> 01:08:25.200
 The abutting property is a fire lane that comes right up to the property line.

01:08:25.200 --> 01:08:28.400
 They've had some preliminary discussions with the owner of that elderly housing, and they've

01:08:28.400 --> 01:08:31.560
 indicated they would be amenable to a shared access point there.

01:08:31.560 --> 01:08:34.600
 It would be gated for emergency access only, though.

01:08:34.600 --> 01:08:35.600
 Okay.

01:08:35.600 --> 01:08:36.600
 Great.

01:08:36.600 --> 01:08:37.600
 Thanks for clarifying.

01:08:37.600 --> 01:08:39.000
 I do not see any other questions.

01:08:39.000 --> 01:08:42.320
 Thanks to you for the presentation.

01:08:42.320 --> 01:08:45.640
 That concludes our work session for this evening.

01:08:45.640 --> 01:08:50.600
 I'll close the meeting at 514, we'll reconvene here at 630.

01:08:50.600 --> 01:08:58.400
 Thank you.

01:08:58.400 --> 01:09:01.880
 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission meeting

01:09:01.880 --> 01:09:05.200
 for August 4th, 2021.

01:09:05.200 --> 01:09:08.560
 Seeing that we have a quorum, I'll call the meeting to order at 631.

01:09:08.560 --> 01:09:13.360
 Please let the record show that Commissioner Anderson is not with us this evening.

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.

01:09:16.800 --> 01:09:17.800
 and Texas flag.

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

01:09:25.800 --> 01:09:35.660
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

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.

01:09:49.640 --> 01:09:56.240
 The next item of business is a consideration for our minutes from July 14th, 2021.

01:09:56.240 --> 01:10:00.040
 Commissioner Smith?

01:10:00.040 --> 01:10:02.960
 We have a first for approval.

01:10:02.960 --> 01:10:03.960
 Commissioner Ellis?

01:10:03.960 --> 01:10:04.960
 Second.

01:10:04.960 --> 01:10:08.240
 We have a second for approval.

01:10:08.240 --> 01:10:10.360
 Is there any discussion on the item?

01:10:10.360 --> 01:10:11.360
 Okay.

01:10:11.360 --> 01:10:22.560
 Seeing none, I'll call for a vote on the board if possible this evening.

01:10:22.560 --> 01:10:39.680
 Can we do it on the board or by hand tonight?

01:10:39.680 --> 01:10:41.680
 Commissioner Ellis, can you hit second?

01:10:41.680 --> 01:10:42.680
 Okay.

01:10:42.680 --> 01:10:50.880
 I think we're ready for a vote.

01:10:50.880 --> 01:11:03.400
 Here we go.

01:11:03.400 --> 01:11:04.400
 Motion carries 6-0.

01:11:04.400 --> 01:11:07.400
 I see Scott down here.

01:11:07.400 --> 01:11:19.520
 Mr. Chair, by the way, could you please come down here and join me?

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

01:11:36.860 --> 01:11:37.860
 this evening to recognize our Chair, Mr. Andrew Rosell.

01:11:37.860 --> 01:11:38.860
 Sadly, this will be Mr. Rosell's last and final meeting.

01:11:38.860 --> 01:11:39.860
 He may be smiling about that.

01:11:39.860 --> 01:11:41.320
 As far as city staff, we are not.

01:11:41.320 --> 01:11:44.600
 So he's been an excellent civil servant.

01:11:44.600 --> 01:11:46.440
 He has done the city well.

01:11:46.440 --> 01:11:49.280
 We're very grateful to have him for the six years.

01:11:49.280 --> 01:11:52.360
 Thank you for allowing us to borrow him.

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.

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.

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

01:12:08.200 --> 01:12:11.280
 years serving on the Planning and Zoning Commission.

01:12:11.280 --> 01:12:17.400
 Additionally, we have a coin, which is awesome sauce by the City of Denton.

01:12:17.400 --> 01:12:19.440
 So with that, thank you very much.

01:12:19.440 --> 01:12:27.400
 I don't know if you'd like to say anything.

01:12:27.400 --> 01:12:28.400
 Thank you.

01:12:28.400 --> 01:12:31.440
 I wasn't anticipating a speech or anything.

01:12:31.440 --> 01:12:33.000
 It's been a pleasure and an honor to serve.

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

01:12:37.720 --> 01:12:42.360
 of how hard our city staff works to make Denton an awesome city.

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

01:12:46.800 --> 01:12:47.800
 six years.

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

01:12:51.160 --> 01:12:56.560
 to the meetings prepared and offering good insight to help city and the staff plan and

01:12:56.560 --> 01:12:57.960
 zone well.

01:12:57.960 --> 01:12:58.960
 Thanks Scott.

01:12:58.960 --> 01:12:59.960
 Thank you.

01:12:59.960 --> 01:13:00.960
 Appreciate you.

01:13:00.960 --> 01:13:24.920
 Thank you.

01:13:24.920 --> 01:13:25.920
 Sorry about that.

01:13:25.920 --> 01:13:29.360
 I didn't know that was happening.

01:13:29.360 --> 01:13:32.760
 The next item of business this evening to progress forward will be our consent agenda

01:13:32.760 --> 01:13:33.760
 item.

01:13:33.760 --> 01:13:36.440
 There's only one item 3A.

01:13:36.440 --> 01:13:37.440
 Commissioner Smith.

01:13:37.440 --> 01:13:39.200
 Make a motion to approve.

01:13:39.200 --> 01:13:40.200
 We have a first for approval.

01:13:40.200 --> 01:13:41.200
 Commissioner Cole.

01:13:41.200 --> 01:13:42.200
 Second.

01:13:42.200 --> 01:13:45.080
 We have a first and a second for approval.

01:13:45.080 --> 01:13:46.160
 Is there any discussion?

01:13:46.160 --> 01:13:57.740
 Seeing none, I call for a vote on the board.

01:13:57.740 --> 01:14:01.720
 I think they're at the door or Ron has one there for you.

01:14:01.720 --> 01:14:04.220
 Motion carries 6-0.

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.

01:14:08.400 --> 01:14:15.920
 So if anyone is here for item 5B, PD21-002A, that has been postponed.

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.

01:14:19.640 --> 01:14:23.440
 I just want to let you be aware of that.

01:14:23.440 --> 01:14:30.040
 The next item of business is item 4A, FP21-0005B.

01:14:30.040 --> 01:14:34.160
 And I'll invite Julie Wyatt for presentation.

01:14:34.160 --> 01:14:42.760
 Good evening.

01:14:42.760 --> 01:14:45.320
 I'm Julie Wyatt, senior planner with the City of Denton.

01:14:45.320 --> 01:14:49.200
 And this is a final plat for the Gray Wolf edition.

01:14:49.200 --> 01:14:52.820
 You may remember the preliminary plat that came before you.

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

01:14:59.440 --> 01:15:00.440
 this plat.

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.

01:15:05.200 --> 01:15:07.280
 And I'll be happy to answer any questions.

01:15:07.280 --> 01:15:08.460
 Thank you, Julie.

01:15:08.460 --> 01:15:10.120
 Any questions for Julie?

01:15:10.120 --> 01:15:13.760
 I don't see any.

01:15:13.760 --> 01:15:16.680
 Thank you.

01:15:16.680 --> 01:15:19.320
 Commissioner Smith.

01:15:19.320 --> 01:15:21.320
 Make a motion to approve.

01:15:21.320 --> 01:15:22.320
 We have a first for approval.

01:15:22.320 --> 01:15:23.320
 Commissioner Ellis.

01:15:23.320 --> 01:15:24.320
 Second.

01:15:24.320 --> 01:15:25.320
 We have a first and a second for approval.

01:15:25.320 --> 01:15:26.320
 Any discussion?

01:15:26.320 --> 01:15:36.100
 Seeing none, I'll call for a vote on the board.

01:15:36.100 --> 01:15:38.880
 Motion carries 6-0.

01:15:38.880 --> 01:15:43.240
 Next item of business is item 4B, FP21-0020.

01:15:43.240 --> 01:15:52.920
 This is also Julie Wyatt's item.

01:15:52.920 --> 01:15:58.160
 Okay.

01:15:58.160 --> 01:16:03.220
 This is for -- this is a final plat for another four-plex development.

01:16:03.220 --> 01:16:07.040
 This one is on the west side of Loop 288.

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

01:16:12.360 --> 01:16:16.840
 for the development code, and so staff does recommend denial of the request.

01:16:16.840 --> 01:16:22.240
 However, they have requested an extension, and staff has no objection to that extension

01:16:22.240 --> 01:16:25.640
 to the August 18th meeting, and I'll be happy to answer any questions.

01:16:25.640 --> 01:16:26.640
 Great.

01:16:26.640 --> 01:16:27.640
 Thanks, Julie.

01:16:27.640 --> 01:16:28.640
 Any questions?

01:16:28.640 --> 01:16:30.760
 I do not see any.

01:16:30.760 --> 01:16:32.120
 Commissioner Smith.

01:16:32.120 --> 01:16:35.660
 Make a motion to approve the extension to date certain of August 18th.

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

01:16:40.520 --> 01:16:41.520
 18th.

01:16:41.520 --> 01:16:42.520
 Alice.

01:16:42.520 --> 01:16:43.520
 Second.

01:16:43.520 --> 01:16:44.840
 We have a first and a second.

01:16:44.840 --> 01:16:45.840
 Any discussion?

01:16:45.840 --> 01:16:55.040
 Seeing none, I'll call for a vote on the board.

01:16:55.040 --> 01:16:56.840
 Motion carries 6-0.

01:16:56.840 --> 01:17:18.120
 Next item is item 4C, PP21-0012A, and I'll invite Hailey for presentation.

01:17:18.120 --> 01:17:20.620
 This is preliminary plat 2112.

01:17:20.620 --> 01:17:24.960
 This is for three lots located on the south side of the I-35E service road.

01:17:24.960 --> 01:17:26.840
 This is the urban logistics edition.

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

01:17:31.000 --> 01:17:34.720
 three lots with speculative warehouse-type buildings.

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.

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

01:17:44.280 --> 01:17:45.880
 to answer any questions.

01:17:45.880 --> 01:17:46.880
 Great.

01:17:46.880 --> 01:17:47.880
 Thanks, Hailey.

01:17:47.880 --> 01:17:50.240
 I don't see any questions for you.

01:17:50.240 --> 01:17:52.720
 Commissioner Smith.

01:17:52.720 --> 01:17:54.800
 Make a motion to deny.

01:17:54.800 --> 01:17:55.800
 We have a first for denial.

01:17:55.800 --> 01:17:56.800
 Commissioner, approve it.

01:17:56.800 --> 01:17:57.800
 Second.

01:17:57.800 --> 01:18:00.120
 We have a first and a second for denial.

01:18:00.120 --> 01:18:03.120
 Any discussion?

01:18:03.120 --> 01:18:04.320
 Seeing none, I'll call for a vote on the board.

01:18:04.320 --> 01:18:15.720
 Just a reminder, a vote in the affirmative is to deny.

01:18:15.720 --> 01:18:17.720
 Motion carries 6-0.

01:18:17.720 --> 01:18:25.880
 The next item of business is item 4DFP21-0019, and I'll invite Hailey back.

01:18:25.880 --> 01:18:31.160
 All right, Julie's getting this one pulled up as well.

01:18:31.160 --> 01:18:34.320
 This is a final plat for the I-35 cold storage edition.

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

01:18:38.440 --> 01:18:40.520
 side of I-35.

01:18:40.520 --> 01:18:45.400
 Since the posting of the agenda, the applicant has resolved all of the outstanding comments,

01:18:45.400 --> 01:18:48.240
 so at this time, staff is able to update our recommendation to approval.

01:18:48.240 --> 01:18:51.680
 And I'm happy to answer any questions.

01:18:51.680 --> 01:18:53.360
 I do not see any questions.

01:18:53.360 --> 01:18:56.360
 Thank you.

01:18:56.360 --> 01:18:58.840
 Chair will entertain a motion.

01:18:58.840 --> 01:18:59.840
 Commissioner Ellis.

01:18:59.840 --> 01:19:00.840
 I move approval.

01:19:00.840 --> 01:19:02.400
 We have a first for approval.

01:19:02.400 --> 01:19:03.400
 Commissioner Smith.

01:19:03.400 --> 01:19:04.400
 Second.

01:19:04.400 --> 01:19:06.400
 We have a first and a second for approval.

01:19:06.400 --> 01:19:08.760
 Any discussion?

01:19:08.760 --> 01:19:15.320
 Seeing none, I'll call for a vote on the board.

01:19:15.320 --> 01:19:20.000
 Motion carries 6-0.

01:19:20.000 --> 01:19:26.520
 The last item for individual consideration is item 4EFP19-0023, and I'll invite Mark

01:19:26.520 --> 01:19:34.680
 Laird for presentation.

01:19:34.680 --> 01:19:35.680
 Good evening.

01:19:35.680 --> 01:19:36.680
 My name is Mark Laird.

01:19:36.680 --> 01:19:40.040
 I'm an Associate Planner of the Development Service Department.

01:19:40.040 --> 01:19:44.480
 This is the final plat for CD2499 East Edition.

01:19:44.480 --> 01:19:50.280
 It's a 5.77-acre track located along FM2499.

01:19:50.280 --> 01:19:51.280
 Staff recommends approval.

01:19:51.280 --> 01:19:53.000
 I stand for any questions.

01:19:53.000 --> 01:20:03.040
 Mark, is it possible to pull up the plat for just everyone to see?

01:20:03.040 --> 01:20:07.360
 It's active.

01:20:07.360 --> 01:20:18.680
 Thank you.

01:20:18.680 --> 01:20:23.360
 Any questions for Mark on this item?

01:20:23.360 --> 01:20:24.360
 I don't see any.

01:20:24.360 --> 01:20:25.360
 Thank you.

01:20:25.360 --> 01:20:26.360
 Commissioner Smith.

01:20:26.360 --> 01:20:28.560
 I make a motion to approve.

01:20:28.560 --> 01:20:29.920
 We have a first for approval.

01:20:29.920 --> 01:20:30.920
 Commissioner Cole.

01:20:30.920 --> 01:20:31.920
 Second.

01:20:31.920 --> 01:20:32.920
 We have a first and a second for approval.

01:20:32.920 --> 01:20:35.200
 Any discussion on the item?

01:20:35.200 --> 01:20:42.760
 Seeing none, I call for a vote on the board.

01:20:42.760 --> 01:20:45.080
 Motion carries 6-0.

01:20:45.080 --> 01:20:48.960
 The next item of business moves us to our public hearings.

01:20:48.960 --> 01:20:54.520
 Again, item 5BPD21-002A is being postponed.

01:20:54.520 --> 01:20:56.480
 There will be no action on that this evening.

01:20:56.480 --> 01:21:01.480
 We'll begin with item 5AZ21-0009.

01:21:01.480 --> 01:21:13.840
 I'll open the public hearing and invite Cameron Robertson for presentation.

01:21:13.840 --> 01:21:14.840
 Good evening.

01:21:14.840 --> 01:21:15.840
 My name is Cameron Robertson.

01:21:15.840 --> 01:21:19.240
 I'm the historic preservation officer for the City of Denton.

01:21:19.240 --> 01:21:24.880
 I will be discussing Z21-009, which is a residential zoning.

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

01:21:30.600 --> 01:21:31.960
 one district.

01:21:31.960 --> 01:21:34.680
 The subject property is currently vacant.

01:21:34.680 --> 01:21:38.640
 Based off historic aerials, it is assumed that the property has not been previously

01:21:38.640 --> 01:21:39.640
 developed.

01:21:39.640 --> 01:21:45.200
 It is generally located on the east side of South Bonnie Bray Street, approximately 830

01:21:45.200 --> 01:21:46.760
 feet north of Allred Road.

01:21:46.760 --> 01:21:55.640
 It is surrounded by RR, residential 2, the ETJ, and city-owned public facilities districts.

01:21:55.640 --> 01:21:58.980
 So as you can see on this map, pre-2019 zoning map.

01:21:58.980 --> 01:22:02.200
 It shows the lot as RD5X.

01:22:02.200 --> 01:22:08.360
 This was a placeholder when it was annexed for the city in 2010.

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.

01:22:15.000 --> 01:22:18.720
 So we have our general approval criteria for all applications.

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

01:22:23.360 --> 01:22:29.480
 criteria for approval, and I'll be focusing on 1, 6, and 7.

01:22:29.480 --> 01:22:34.080
 So our Denton Plan 2030, the site is designated rural areas.

01:22:34.080 --> 01:22:38.800
 So this is intended for development of one unit per five acres with farms and ranches

01:22:38.800 --> 01:22:44.040
 as a predominant use, along with rural residential and commercial development.

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

01:22:48.940 --> 01:22:53.520
 type at a scale and character that is typically found in this area.

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

01:22:59.880 --> 01:23:02.800
 as well as farms and ranches.

01:23:02.800 --> 01:23:06.920
 So the R1 is consistent with the surrounding zoning and development pattern.

01:23:06.920 --> 01:23:11.020
 The existing land use pattern along South Bonnie Bray is primarily residential.

01:23:11.020 --> 01:23:15.320
 You do have residential, farming, and ranching uses, and the development pattern is expected

01:23:15.320 --> 01:23:18.120
 and encouraged on the city's periphery.

01:23:18.120 --> 01:23:23.040
 This rezoning would allow for the development of a single-family detached dwelling.

01:23:23.040 --> 01:23:28.920
 They would be required to maintain the primarily rural scenic character found in the area with

01:23:28.920 --> 01:23:32.940
 a low-profile residence on a large lot.

01:23:32.940 --> 01:23:36.560
 There is no direct vehicular connection to the neighborhood to the east, except along

01:23:36.560 --> 01:23:41.780
 South Bonnie Bray Street, and the development would require conformance with current site

01:23:41.780 --> 01:23:46.080
 design standards, including screening and landscaping.

01:23:46.080 --> 01:23:50.360
 In terms of public facilities and services, there would be one driveway connection to

01:23:50.360 --> 01:23:55.060
 South Bonnie Bray Street for the proposed future single-family detached dwelling.

01:23:55.060 --> 01:23:59.760
 The attendance zones are Boorman Elementary School, McMath Middle School, and Denton High

01:23:59.760 --> 01:24:00.760
 School.

01:24:00.760 --> 01:24:04.120
 This would generate approximately one student.

01:24:04.120 --> 01:24:10.340
 The subject property is located approximately 3.9 miles from South Lakes Park, so therefore

01:24:10.340 --> 01:24:14.240
 it does not meet the park department's goal of 10-minute walk to a park.

01:24:14.240 --> 01:24:18.480
 However, west of the subject property, the property is owned by the city of Denton and

01:24:18.480 --> 01:24:23.400
 is intended to future development as a future regional park.

01:24:23.400 --> 01:24:27.280
 Public water service is available to the site.

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

01:24:31.360 --> 01:24:32.600
 to them.

01:24:32.600 --> 01:24:35.360
 However, wastewater service is not available.

01:24:35.360 --> 01:24:39.040
 The subject property can be served by on-site septic.

01:24:39.040 --> 01:24:46.520
 Also, the nearest fire station is approximately 1.4 miles away.

01:24:46.520 --> 01:24:50.720
 Discussing the error in establishing the current zoning district, there was not an error in

01:24:50.720 --> 01:24:52.400
 this assignment.

01:24:52.400 --> 01:24:58.200
 As it transitioned during that annexation in 2010, we put in that placeholder of an

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

01:25:04.080 --> 01:25:05.080
 zoned.

01:25:05.080 --> 01:25:11.840
 However, to meet the current standards of our development code and to allow them to

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

01:25:16.520 --> 01:25:18.080
 minimum lot size requirement.

01:25:18.080 --> 01:25:22.100
 Therefore, the existing RR district is no longer appropriate.

01:25:22.100 --> 01:25:23.800
 We did do public outreach.

01:25:23.800 --> 01:25:26.520
 We had a newspaper ad on July 18th.

01:25:26.520 --> 01:25:29.280
 We had a property posting on July 14th.

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

01:25:35.480 --> 01:25:39.520
 we had five sent within the 500-foot boundary for courtesy notices.

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

01:25:48.520 --> 01:25:50.840
 neighbor is Kyle Whelan.

01:25:50.840 --> 01:25:57.400
 His property is located within the 200-foot buffer area, and it occupies approximately

01:25:57.400 --> 01:25:59.720
 22.34%.

01:25:59.720 --> 01:26:03.440
 We did not have any in favor, and we had no one as neutral.

01:26:03.440 --> 01:26:07.600
 Staff does recommend approval of the request to rezoning, as it does comply with our criteria

01:26:07.600 --> 01:26:13.800
 in the DDC in sections 2.4.5E as well as 2.7.2D.

01:26:13.800 --> 01:26:16.600
 I'm able to take any questions.

01:26:16.600 --> 01:26:18.080
 Thanks, Cameron.

01:26:18.080 --> 01:26:20.600
 Any questions at this time?

01:26:20.600 --> 01:26:21.600
 I don't see any.

01:26:21.600 --> 01:26:22.600
 Thank you.

01:26:22.600 --> 01:26:24.000
 This is a public hearing.

01:26:24.000 --> 01:26:25.360
 Anyone wishing to speak may certainly do so.

01:26:25.360 --> 01:26:28.040
 I have one card for this item.

01:26:28.040 --> 01:26:29.040
 Kyle Whelan.

01:26:29.040 --> 01:26:30.040
 Whelan.

01:26:30.040 --> 01:26:35.040
 I don't know what to do.

01:26:35.040 --> 01:26:36.040
 You can come forward.

01:26:36.040 --> 01:26:37.040
 You have four minutes to speak.

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

01:26:40.040 --> 01:26:41.040
 the record.

01:26:41.040 --> 01:26:42.040
 My name is Kyle Whelan.

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

01:26:46.400 --> 01:26:47.400
 was going on.

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.

01:26:51.800 --> 01:26:54.880
 I looked at your aerial map of the area.

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

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

01:27:02.400 --> 01:27:05.360
 don't even know it's there.

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

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

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

01:27:24.520 --> 01:27:27.000
 I have a right to protest.

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,

01:27:33.160 --> 01:27:39.480
 and there's goats next door, and just things like that.

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

01:27:47.480 --> 01:27:53.760
 been way too many people breaking the rules out there, and it needs to stop.

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

01:28:00.120 --> 01:28:03.280
 wanted to come forward and have my chance to say what I wanted to say.

01:28:03.280 --> 01:28:04.280
 Absolutely.

01:28:04.280 --> 01:28:05.280
 We appreciate you being here.

01:28:05.280 --> 01:28:06.280
 You have a great day.

01:28:06.280 --> 01:28:07.280
 Thank you very much.

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

01:28:16.880 --> 01:28:19.600
 of units that can be put on that lot?

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

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

01:28:31.360 --> 01:28:32.360
 to be split.

01:28:32.360 --> 01:28:38.840
 However, they connected to the water line across the street and just did septic on site,

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.

01:28:42.560 --> 01:28:47.600
 Do you have any insight on the property owner's plans to replat or anything?

01:28:47.600 --> 01:28:48.680
 I do not.

01:28:48.680 --> 01:28:51.760
 The property owner is here if you do have questions for them.

01:28:51.760 --> 01:28:52.760
 Great.

01:28:52.760 --> 01:28:55.040
 I'm sure they'd be happy to answer that for you.

01:28:55.040 --> 01:28:56.040
 Awesome.

01:28:56.040 --> 01:29:01.320
 Just so people tuning in on TV, we've got to mic you up.

01:29:01.320 --> 01:29:07.320
 To clarify, the huge building is not on my property that he was speaking of.

01:29:07.320 --> 01:29:08.960
 Can you just say your name and address?

01:29:08.960 --> 01:29:10.800
 Peter Reese, Zero Body Bray.

01:29:10.800 --> 01:29:16.000
 As of now, we have no plans to build anything besides one house.

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

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.

01:29:28.240 --> 01:29:29.680
 We didn't create a new track.

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

01:29:34.960 --> 01:29:37.320
 new city requirements for zoning.

01:29:37.320 --> 01:29:38.320
 Understood.

01:29:38.320 --> 01:29:39.320
 I appreciate you being here.

01:29:39.320 --> 01:29:40.320
 Thank you.

01:29:40.320 --> 01:29:41.320
 Thank you.

01:29:41.320 --> 01:29:42.320
 Commissioner Smith?

01:29:42.320 --> 01:29:43.320
 Thank you, Chair.

01:29:43.320 --> 01:29:44.320
 Mr. Reese, correct?

01:29:44.320 --> 01:29:45.320
 Yes.

01:29:45.320 --> 01:29:48.120
 There's not a 30 by 30 concrete pad out there?

01:29:48.120 --> 01:29:49.120
 Not on my property.

01:29:49.120 --> 01:29:50.120
 No.

01:29:50.120 --> 01:29:51.120
 Just didn't know.

01:29:51.120 --> 01:29:56.360
 I think he's speaking of a property to the north of us.

01:29:56.360 --> 01:29:57.360
 Not my property, no.

01:29:57.360 --> 01:29:58.360
 Okay.

01:29:58.360 --> 01:29:59.360
 Thank you.

01:29:59.360 --> 01:30:00.360
 Yes, sir.

01:30:00.360 --> 01:30:01.360
 Commissioner Ellis?

01:30:01.360 --> 01:30:02.360
 Thank you, Chair.

01:30:02.360 --> 01:30:03.360
 You know what?

01:30:03.360 --> 01:30:04.360
 This is for Cameron.

01:30:04.360 --> 01:30:05.360
 Oh, perfect.

01:30:05.360 --> 01:30:06.360
 I think we're good.

01:30:06.360 --> 01:30:07.360
 Thank you.

01:30:07.360 --> 01:30:08.360
 Thank you very much.

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

01:30:15.920 --> 01:30:16.920
 uses?

01:30:16.920 --> 01:30:17.920
 Correct.

01:30:17.920 --> 01:30:18.920
 Yes.

01:30:18.920 --> 01:30:19.920
 Different than what is already there?

01:30:19.920 --> 01:30:20.920
 Correct.

01:30:20.920 --> 01:30:21.920
 It would just be single family residential.

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

01:30:25.520 --> 01:30:26.520
 five acres?

01:30:26.520 --> 01:30:27.520
 Correct.

01:30:27.520 --> 01:30:28.520
 Okay.

01:30:28.520 --> 01:30:29.520
 Thank you.

01:30:29.520 --> 01:30:30.520
 You're welcome.

01:30:30.520 --> 01:30:31.520
 Great.

01:30:31.520 --> 01:30:32.520
 Thank you.

01:30:32.520 --> 01:30:33.520
 This is a public item.

01:30:33.520 --> 01:30:38.480
 Anyone wishing to speak may certainly do so.

01:30:38.480 --> 01:30:39.480
 Okay.

01:30:39.480 --> 01:30:42.640
 Seeing none, I will close the public hearing just to confirm real fast.

01:30:42.640 --> 01:30:45.340
 Stuart, there's no one wishing to speak on the phone.

01:30:45.340 --> 01:30:46.340
 Is there?

01:30:46.340 --> 01:30:47.340
 Correct.

01:30:47.340 --> 01:30:48.720
 There are no callers for this item.

01:30:48.720 --> 01:30:49.720
 Perfect.

01:30:49.720 --> 01:30:50.720
 Thanks, Stuart.

01:30:50.720 --> 01:30:51.720
 Commissioner Smith?

01:30:51.720 --> 01:30:53.960
 Make a motion to approve.

01:30:53.960 --> 01:30:55.240
 We have a first for approval.

01:30:55.240 --> 01:30:56.240
 Commissioner Ellis?

01:30:56.240 --> 01:30:57.240
 Second.

01:30:57.240 --> 01:30:59.100
 We have a first and a second for approval.

01:30:59.100 --> 01:31:00.100
 Any discussion?

01:31:00.100 --> 01:31:03.480
 Seeing none, I call for a vote on the board.

01:31:03.480 --> 01:31:11.440
 Motion carries six zero.

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

01:31:17.400 --> 01:31:22.080
 item 5C-S21-0004.

01:31:22.080 --> 01:31:41.480
 We now invite Haley Zygurski for presentation and open the public hearing.

01:31:41.480 --> 01:31:42.600
 Good evening.

01:31:42.600 --> 01:31:49.200
 This is item S21-4, Millennium Crest Multifamily.

01:31:49.200 --> 01:31:54.500
 The request before you this evening is a specific use permit associated only with an increase

01:31:54.500 --> 01:31:57.480
 in building height to a maximum of 60 feet.

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.

01:32:02.180 --> 01:32:04.000
 Some background on the site.

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

01:32:07.520 --> 01:32:11.080
 located just off of the South I-35E ramp.

01:32:11.080 --> 01:32:13.840
 The site is a total of 7.6 acres.

01:32:13.840 --> 01:32:19.960
 The proposal before you this evening includes on their site plan a multifamily development

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

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

01:32:29.440 --> 01:32:32.920
 site plan a little more closely in a moment.

01:32:32.920 --> 01:32:36.480
 This property is zone mixed use neighborhood, or MN.

01:32:36.480 --> 01:32:39.880
 Within that district, the multifamily use is permitted by right, so as I mentioned,

01:32:39.880 --> 01:32:45.200
 the SUP, although we would typically see it associated with use, is not in this instance.

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.

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

01:32:56.360 --> 01:33:02.760
 that SUP, and in this case, as I mentioned, they are requesting a maximum of 60.

01:33:02.760 --> 01:33:06.040
 Just to give you a little more background on how building height is measured in the

01:33:06.040 --> 01:33:11.560
 CDC, this diagram is from subchapter 9 in our definitions, which defines that building

01:33:11.560 --> 01:33:15.080
 height is measured as the vertical distance above finished grade to the highest point

01:33:15.080 --> 01:33:16.520
 of a flat roof.

01:33:16.520 --> 01:33:19.800
 That does exclude parapets, and as you can see in the diagram, that finished grade is

01:33:19.800 --> 01:33:24.240
 typically measured at the midpoint of each wall on sites where we have significant grade

01:33:24.240 --> 01:33:25.240
 changes.

01:33:25.240 --> 01:33:31.200
 This screenshot here just shows the topography as is best estimated on our GIS system.

01:33:31.200 --> 01:33:34.760
 There is roughly about 30 feet of grade change when you look at the entire site.

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

01:33:41.120 --> 01:33:47.440
 points that go up to roughly 680 feet in elevation on the north sides.

01:33:47.440 --> 01:33:50.800
 Looking at their building plans that were provided in your backup, this is the northern

01:33:50.800 --> 01:33:54.480
 elevation of the building where the highest point would occur.

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.

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.

01:34:03.640 --> 01:34:06.000
 That would be from foundation to rooftop.

01:34:06.000 --> 01:34:10.200
 Again, it excludes parapets that are on the building, but there are actually not any shown

01:34:10.200 --> 01:34:13.000
 on this portion of the building.

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,

01:34:16.600 --> 01:34:19.280
 they would be at about 58 feet in height.

01:34:19.280 --> 01:34:24.160
 The applicant has requested, as I said, a maximum of 60 feet because they are requesting

01:34:24.160 --> 01:34:28.320
 a little bit of flexibility be given because of that significant topography changes.

01:34:28.320 --> 01:34:30.720
 They have not done final grading plans for the site yet.

01:34:30.720 --> 01:34:34.160
 That would come with their civil engineering, so they expect that they might need a little

01:34:34.160 --> 01:34:36.320
 bit of wiggle room, but not more than a couple of feet.

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.

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

01:34:46.960 --> 01:34:48.320
 we saw there with the leasing office.

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

01:34:53.480 --> 01:34:55.440
 you measure to the rooftop.

01:34:55.440 --> 01:35:00.520
 This is just a look at the renderings that were provided by the applicant.

01:35:00.520 --> 01:35:04.880
 This perspective here is looking when you are internal to the site at that leasing office

01:35:04.880 --> 01:35:06.880
 portion that we just saw.

01:35:06.880 --> 01:35:11.940
 This is their rendering looking from the south side where we have a single family subdivision

01:35:11.940 --> 01:35:18.760
 to the south looking at the site, and again just another perspective from inside the site.

01:35:18.760 --> 01:35:20.880
 All of the general criteria were outlined in your backup.

01:35:20.880 --> 01:35:22.880
 I will not go through those all here.

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

01:35:28.320 --> 01:35:30.680
 detail about the site.

01:35:30.680 --> 01:35:35.040
 Starting with our comprehensive plan, this property is located in the regional mixed

01:35:35.040 --> 01:35:37.080
 use land use area.

01:35:37.080 --> 01:35:39.200
 That is what is shown in pink on the map.

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

01:35:42.640 --> 01:35:45.720
 applied along major corridors throughout the city.

01:35:45.720 --> 01:35:50.120
 So along I-35, we see a large amount of this land use designation.

01:35:50.120 --> 01:35:56.880
 It is where we would expect to find higher intensity commercial and residential type uses,

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,

01:36:01.520 --> 01:36:07.240
 as well as moderate to high density residential are all expected uses within this area.

01:36:07.240 --> 01:36:11.400
 So again, as I mentioned, the multifamily use is permitted by right in this district.

01:36:11.400 --> 01:36:16.060
 It is also an expected use within this future land use designation, and multi-story residential

01:36:16.060 --> 01:36:20.000
 development is something that we do see pretty frequently along our I-35 corridor.

01:36:20.000 --> 01:36:23.880
 It is also consistent with the description for this land use designation and the comprehensive

01:36:23.880 --> 01:36:25.040
 plan.

01:36:25.040 --> 01:36:29.520
 The requested building height does allow for a more compact building footprint that achieves

01:36:29.520 --> 01:36:33.800
 greater buffering on site, so that is also consistent with the goals of our comprehensive

01:36:33.800 --> 01:36:37.940
 plan to be sensitive to the natural environment.

01:36:37.940 --> 01:36:42.800
 Looking at compatibility with the surrounding area, this is a screenshot of their landscape

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

01:36:47.520 --> 01:36:48.520
 site.

01:36:48.520 --> 01:36:50.840
 The building is here in the center of the site.

01:36:50.840 --> 01:36:54.760
 The dark green shading areas are areas where they are proposing new landscaping along their

01:36:54.760 --> 01:36:58.880
 northern site as a buffer to the commercial use, and then around the perimeter of the

01:36:58.880 --> 01:37:00.120
 building.

01:37:00.120 --> 01:37:04.760
 They do have, as I mentioned again, pretty significant topography, so the drainage goes

01:37:04.760 --> 01:37:08.080
 a couple of different directions on site, so just looking at those.

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

01:37:13.040 --> 01:37:16.000
 decks to make that a feature for the residents to enjoy.

01:37:16.000 --> 01:37:20.400
 There's underground detention within the fire lane that that drains to, and then here on

01:37:20.400 --> 01:37:26.280
 that future retail lot, there is an above ground detention pond proposed, and then tree

01:37:26.280 --> 01:37:30.600
 preservation is proposed in these areas, shaded light green and blue on this screen, with

01:37:30.600 --> 01:37:35.640
 the colors differentiating the multifamily lot versus the proposed retail.

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

01:37:39.640 --> 01:37:42.840
 more detail in just a moment.

01:37:42.840 --> 01:37:47.600
 Again, with reference to compatibility with the surrounding area, one of the key concerns

01:37:47.600 --> 01:37:50.840
 that was heard from the neighbors, of course, was the visual impacts.

01:37:50.840 --> 01:37:55.000
 The applicant did do some line of site studies from the surrounding neighborhood to show

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

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

01:38:03.880 --> 01:38:07.640
 existing trees, it is expected there would be significant screening.

01:38:07.640 --> 01:38:10.840
 Just to provide you some additional details, I did pull the most recent imagery I could

01:38:10.840 --> 01:38:15.480
 find of the site, so you could see that tree canopy in a little more detail.

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

01:38:19.640 --> 01:38:24.760
 it's still a pretty significant canopy on the site.

01:38:24.760 --> 01:38:28.560
 One of our other criteria is whether it would minimize impact on future development in the

01:38:28.560 --> 01:38:31.520
 area and whether it would comply with the DDC.

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

01:38:35.480 --> 01:38:37.560
 out parcels at Bucky's.

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

01:38:42.200 --> 01:38:46.120
 development of those properties, as they have a similar zoning.

01:38:46.120 --> 01:38:51.220
 And then the applicant did provide full site plan and landscape plan with this proposal

01:38:51.220 --> 01:38:55.500
 to show that they can meet the development code requirements for site design, landscaping,

01:38:55.500 --> 01:39:00.080
 tree preservation, and those sorts of things.

01:39:00.080 --> 01:39:04.440
 With respect to mitigating negative impacts, which is another of our criteria for approval,

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

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

01:39:14.040 --> 01:39:16.000
 single-family zoning.

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.

01:39:21.240 --> 01:39:23.120
 It's our mixed-use district.

01:39:23.120 --> 01:39:27.280
 They do have to comply with this section that requires a stepping back of building height

01:39:27.280 --> 01:39:29.220
 for compatibility purposes.

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,

01:39:34.240 --> 01:39:37.960
 the building height is restricted to the maximum height within the single-family district.

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

01:39:41.860 --> 01:39:44.080
 be restricted to 40 feet.

01:39:44.080 --> 01:39:48.480
 As you move further interior to the site, portions of the building between 50 feet and

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.

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

01:39:56.480 --> 01:39:57.960
 of the subject property.

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

01:40:03.600 --> 01:40:07.540
 have that additional level of scrutiny on top of this protection.

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

01:40:11.480 --> 01:40:12.480
 property line.

01:40:12.480 --> 01:40:15.280
 They have no portions of their building beyond that.

01:40:15.280 --> 01:40:23.160
 So that is the reason that their entire building is proposed above that 55-foot limit.

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

01:40:26.600 --> 01:40:27.600
 to you all.

01:40:27.600 --> 01:40:33.640
 This is a four-story building proposed with 234 units, as opposed to how we sometimes

01:40:33.640 --> 01:40:37.680
 see multifamily in a sprawling more garden apartment style.

01:40:37.680 --> 01:40:41.000
 This is a more compact footprint proposed.

01:40:41.000 --> 01:40:45.840
 The majority of their parking, all but 12 spaces needed for the multifamily, are proposed

01:40:45.840 --> 01:40:49.640
 in a wrapped parking garage that would be located in the central portion of the building.

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

01:40:54.720 --> 01:40:59.640
 multifamily to achieve that more compact design by putting the retention within their courtyard,

01:40:59.640 --> 01:41:02.120
 having underground detention under their fire lane.

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

01:41:06.200 --> 01:41:11.400
 give this a more compact footprint that have assisted with the ability to meet minimum

01:41:11.400 --> 01:41:14.200
 tree preservation and buffer to their neighbors.

01:41:14.200 --> 01:41:18.200
 So looking at those green areas that I mentioned earlier where they have tree preservation

01:41:18.200 --> 01:41:20.520
 on the south and west sides.

01:41:20.520 --> 01:41:25.320
 On the southern side, this buffer averages about 65 feet deep.

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.

01:41:31.480 --> 01:41:36.200
 They're proposing butterfly gardens and benches with some educational signage related to the

01:41:36.200 --> 01:41:40.040
 butterfly gardens along there as a residential amenity.

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

01:41:44.760 --> 01:41:46.140
 preservation there.

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

01:41:49.360 --> 01:41:52.280
 cleared from that area to allow for that dog park.

01:41:52.280 --> 01:41:56.200
 And then along the perimeter of the site, they are proposing fencing.

01:41:56.200 --> 01:42:00.160
 Their plans reflect ornamental metal fencing on the western perimeter and wooden fencing

01:42:00.160 --> 01:42:02.920
 at eight feet in height on the southern perimeter.

01:42:02.920 --> 01:42:07.380
 And they are, as I mentioned, meeting and exceeding the minimum landscape and tree canopy

01:42:07.380 --> 01:42:10.840
 requirements for the city.

01:42:10.840 --> 01:42:14.960
 The final criteria is provision of public facilities.

01:42:14.960 --> 01:42:19.960
 So related to transportation, we would typically see a TIA for a development like this.

01:42:19.960 --> 01:42:23.320
 That was not required in this case because there are no perimeter street improvements

01:42:23.320 --> 01:42:25.040
 that could be required of them.

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

01:42:31.240 --> 01:42:38.800
 the frontage roads in this area, they installed a right-turn deceleration lane into this driveway

01:42:38.800 --> 01:42:44.440
 that would be required for this site, as well as installed the driveway improvements to

01:42:44.440 --> 01:42:50.780
 make sure that this is a right-in, right-out only turning maneuvers at this location.

01:42:50.780 --> 01:42:55.480
 With respect to water and wastewater utilities, those are available stubbed to multiple points

01:42:55.480 --> 01:42:56.480
 around the site.

01:42:56.480 --> 01:42:58.960
 There is adequate capacity to serve this development.

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

01:43:02.360 --> 01:43:08.120
 our fire stations, fire stations eight and six, which are shown eight here on the north

01:43:08.120 --> 01:43:13.080
 side of the screen and six here on the south side.

01:43:13.080 --> 01:43:16.920
 Public outreach was conducted in accordance with state law and the Denton Development Code.

01:43:16.920 --> 01:43:21.880
 You've received 11 responses as of the beginning of our work session today.

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

01:43:25.200 --> 01:43:26.440
 afternoon.

01:43:26.440 --> 01:43:30.000
 So far, we are at 9.79% opposition to the project.

01:43:30.000 --> 01:43:33.520
 The applicant did hold two neighborhood meetings, one in March, one in July.

01:43:33.520 --> 01:43:37.640
 Those were both virtual, and they provided summaries of those that are in your backup.

01:43:37.640 --> 01:43:41.280
 And the applicant is also here if you have any questions regarding the outcomes of those

01:43:41.280 --> 01:43:43.400
 meetings.

01:43:43.400 --> 01:43:46.560
 And finally, staff is recommending approval with several conditions.

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

01:43:51.620 --> 01:43:55.040
 the site plan, landscape plan, and elevations that are shown to you all to that ordinance

01:43:55.040 --> 01:43:57.180
 to ensure future compliance.

01:43:57.180 --> 01:44:03.060
 So the first criteria, again, relates to those plans becoming a part of their ordinance,

01:44:03.060 --> 01:44:07.480
 then being tied to that with the ability for some minor alterations, minor meaning things

01:44:07.480 --> 01:44:11.920
 like individual plant locations shown on that landscape plan could be adjusted if something

01:44:11.920 --> 01:44:17.320
 comes up during civil engineering plan review that would cause a need for, you know, relocating

01:44:17.320 --> 01:44:21.360
 or changing the species of a tree, for example.

01:44:21.360 --> 01:44:26.440
 Criterion two is, again, related to very limited administrative approval being authorized.

01:44:26.440 --> 01:44:30.960
 Anything beyond that would require the SUP to come back before the P&Z in council.

01:44:30.960 --> 01:44:34.240
 Those limited administrative approvals are outlined in criteria three.

01:44:34.240 --> 01:44:37.520
 Again, there were a couple of typographical errors in my staff report.

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

01:44:40.640 --> 01:44:43.220
 that would go to council.

01:44:43.220 --> 01:44:47.220
 So this is just enumerating those standards that are shown on their proposed plan, again,

01:44:47.220 --> 01:44:50.000
 so that they would be held to the specific design.

01:44:50.000 --> 01:44:55.000
 So that includes the building, total building area of 208,000 square feet, the number of

01:44:55.000 --> 01:45:01.120
 units at 234, the 383 parking spaces reflected on their plan, the building coverage, which

01:45:01.120 --> 01:45:06.240
 is approximately 29.1 percent, and again, that maximum building height of 60 feet.

01:45:06.240 --> 01:45:09.900
 And then the final condition is simply to have our zoning map updated to reflect that

01:45:09.900 --> 01:45:14.120
 there is a specific use permit approved on this property as required by the DDC.

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.

01:45:19.360 --> 01:45:20.360
 Great.

01:45:20.360 --> 01:45:25.280
 Thank you, Haley.

01:45:25.280 --> 01:45:26.280
 Screen switching back.

01:45:26.280 --> 01:45:27.280
 Commissioner Smith.

01:45:27.280 --> 01:45:28.840
 Thank you, Chair.

01:45:28.840 --> 01:45:34.320
 Haley, any rough idea what the landscape area would be reduced back to?

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

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?

01:45:45.000 --> 01:45:46.560
 I would expect it would be less.

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.

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

01:45:54.280 --> 01:45:55.960
 parking required for those units.

01:45:55.960 --> 01:45:59.160
 It would definitely impact the landscaping piece as well, correct?

01:45:59.160 --> 01:46:00.160
 Yes.

01:46:00.160 --> 01:46:05.240
 I would say probably tree canopy would be reduced to the minimum, and similarly, landscaping

01:46:05.240 --> 01:46:07.640
 area would have to be reduced to accommodate that design.

01:46:07.640 --> 01:46:08.640
 Okay.

01:46:08.640 --> 01:46:09.640
 Thank you.

01:46:09.640 --> 01:46:10.720
 Last question on that.

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

01:46:17.680 --> 01:46:26.320
 the buffers there, and the one before, sorry, yeah, right there, perfect.

01:46:26.320 --> 01:46:31.640
 The landscaping pieces there, the green section that's right there inside the white, and then

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,

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?

01:46:41.560 --> 01:46:42.560
 Correct.

01:46:42.560 --> 01:46:45.560
 So there's two different requirements at play, three technically.

01:46:45.560 --> 01:46:50.600
 So landscape area is essentially anything onsite that is like mulched grass cover, natural

01:46:50.600 --> 01:46:54.260
 coverage essentially that would allow water infiltration.

01:46:54.260 --> 01:46:58.400
 We also have a requirement for overall tree canopy area that is separate from our tree

01:46:58.400 --> 01:47:01.040
 preservation requirement.

01:47:01.040 --> 01:47:05.000
 Preserved trees can count towards the overall site canopy, but that site canopy includes

01:47:05.000 --> 01:47:08.720
 new plantings plus preservation, and they're meeting all of those.

01:47:08.720 --> 01:47:13.200
 More than anything else is just seeing that image and seeing the green and basically the

01:47:13.200 --> 01:47:18.040
 orientation of that towards the neighborhood and how much of the landscaping is focused

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

01:47:21.760 --> 01:47:25.480
 that's up against the commercial property north of it.

01:47:25.480 --> 01:47:26.640
 So okay, got it.

01:47:26.640 --> 01:47:27.640
 That's all I was trying to clarify.

01:47:27.640 --> 01:47:28.640
 Thank you.

01:47:28.640 --> 01:47:31.320
 Any other questions for Haley?

01:47:31.320 --> 01:47:33.000
 Commissioner Pruitt?

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

01:47:38.560 --> 01:47:43.800
 was between the southern property and the southern edge of the proposed building footprint?

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

01:47:48.000 --> 01:47:50.880
 in case I misinterpreted their plan.

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.

01:47:57.720 --> 01:48:01.920
 Looking at their proposed grading plan at this point, I believe there's an average

01:48:01.920 --> 01:48:06.640
 of 660 to 665 at the building on the southern side.

01:48:06.640 --> 01:48:08.800
 Thank you.

01:48:08.800 --> 01:48:09.800
 Thank you, Haley.

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

01:48:13.240 --> 01:48:23.680
 down for their presentation.

01:48:23.680 --> 01:48:30.360
 And if you could just state your name and address for the record.

01:48:30.360 --> 01:48:34.760
 Good evening, Chairman Rozelle, as well as all the commissioners.

01:48:34.760 --> 01:48:36.560
 My name is William Tsau.

01:48:36.560 --> 01:48:42.720
 I'm the president of the clinical facility engineering, who is the developer -- sorry,

01:48:42.720 --> 01:48:43.800
 thank you.

01:48:43.800 --> 01:48:51.000
 And I really appreciate this opportunity to present our development plan to you this evening.

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

01:48:57.320 --> 01:49:02.400
 with us, as well as our neighborhood community has talked to us about here.

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

01:49:08.840 --> 01:49:13.200
 urban living type of product to the -- introduced to the city of Denton.

01:49:13.200 --> 01:49:20.400
 Secondly, is about we fully understanding the city of Denton, the priority is preserve

01:49:20.400 --> 01:49:22.280
 the nature resource in there.

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

01:49:29.080 --> 01:49:30.080
 here.

01:49:30.080 --> 01:49:34.720
 And I'm leaving the technical presentation to my consulting team.

01:49:34.720 --> 01:49:35.720
 Thank you.

01:49:35.720 --> 01:49:36.720
 Again, my name is William Tsau.

01:49:36.720 --> 01:49:37.720
 Okay.

01:49:37.720 --> 01:49:38.720
 Thank you.

01:49:38.720 --> 01:49:39.720
 Thank you, William.

01:49:39.720 --> 01:49:40.720
 Hi.

01:49:40.720 --> 01:49:46.120
 My name is Randy Rivera, I'm a land planner with McAdams.

01:49:46.120 --> 01:49:48.720
 We're located at 111 Hillside Drive in Louisville, Texas.

01:49:48.720 --> 01:49:51.720
 It's a pleasure to be here before you tonight.

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

01:49:55.800 --> 01:49:59.440
 you and we are looking forward to your feedback.

01:49:59.440 --> 01:50:03.800
 William Tsau and his team Pinnacle had the opportunity to develop the property down the

01:50:03.800 --> 01:50:08.000
 road, the Millennium Place property in Corinth.

01:50:08.000 --> 01:50:12.120
 And when he saw this site was available, he immediately contacted us, him and his partners

01:50:12.120 --> 01:50:13.480
 own it now.

01:50:13.480 --> 01:50:16.200
 And what can we do with it?

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

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

01:50:26.560 --> 01:50:33.200
 at these trees and we spent several months in that six month period identifying the trees

01:50:33.200 --> 01:50:36.680
 and there are over 1,300 trees that we shot in on the property.

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

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.

01:50:47.720 --> 01:50:51.920
 So we were able to identify where all these trees were located, which helped us create

01:50:51.920 --> 01:50:57.280
 a more detailed landscape plan to work around those existing trees in the buffer.

01:50:57.280 --> 01:51:02.320
 The site is, you know, it is an infill site, it has limited access, limited visibility,

01:51:02.320 --> 01:51:06.800
 it's not necessarily conducive for retail because of that, those limitations.

01:51:06.800 --> 01:51:10.600
 Infill sites are challenging, we all know that, and this one presents even more challenges

01:51:10.600 --> 01:51:15.200
 with the terrain change that Haley talked about and the significant tree stand as well

01:51:15.200 --> 01:51:22.960
 as the adjacency considerations that we have to analyze as we go through the design.

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

01:51:27.640 --> 01:51:32.300
 with the 2030 plan, Haley talked about the mixed use neighborhood, allows for this type

01:51:32.300 --> 01:51:38.560
 of use, higher intensity uses and it asks for the transition from existing residential

01:51:38.560 --> 01:51:41.880
 to the more intense commercial areas of the city.

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,

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

01:51:51.640 --> 01:51:53.040
 did a great job explaining.

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

01:51:58.880 --> 01:52:01.120
 to 1,100 feet wide.

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

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

01:52:10.120 --> 01:52:15.160
 separates us from the neighborhood to provide -- we were sensitive to their concerns and

01:52:15.160 --> 01:52:18.960
 wanting to minimize that impact, we knew that was very, very important.

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

01:52:24.040 --> 01:52:28.560
 concerns might be, so tucking that building up to the north as much as possible.

01:52:28.560 --> 01:52:31.640
 So that's why we're here before you today with this request.

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

01:52:35.320 --> 01:52:39.080
 right away and get the property cleaned up.

01:52:39.080 --> 01:52:43.800
 There's been some dumping on there, some trash, some encampments and people kind of hanging

01:52:43.800 --> 01:52:45.040
 out that really shouldn't be.

01:52:45.040 --> 01:52:50.960
 So we employed -- didn't freedom cleaning to get out there and clean up the site.

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

01:52:57.980 --> 01:53:00.040
 needed after all these years.

01:53:00.040 --> 01:53:02.720
 So I'm going to stop share.

01:53:02.720 --> 01:53:10.480
 I do have a video I want to play of the proposal.

01:53:10.480 --> 01:53:22.440
 I think I know where it is.

01:53:22.440 --> 01:53:26.680
 I do.

01:53:26.680 --> 01:53:28.840
 Okay.

01:53:28.840 --> 01:53:37.320
 All right, Millennium Crest will feature 230 for urban residential living units centered

01:53:37.320 --> 01:53:43.920
 around first class amenities to create the ideal quality of life in order to attract

01:53:43.920 --> 01:53:49.720
 young professionals, the medical personnel that are employed in the nearby medical facilities,

01:53:49.720 --> 01:53:54.960
 divorcees wanting to stay close to families or single adults that desire a highly amenitized

01:53:54.960 --> 01:53:58.400
 living option within a city that they love.

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

01:54:04.560 --> 01:54:08.400
 parking and a retention pond in the southeast corner.

01:54:08.400 --> 01:54:14.000
 The building placement of the site has been strategic throughout the design process in

01:54:14.000 --> 01:54:19.240
 an effort to minimize impact to the south to provide for ample buffering and separation

01:54:19.240 --> 01:54:24.520
 and tree preservation along those sensitive perimeter property lines.

01:54:24.520 --> 01:54:30.680
 Butterfly.

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.

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

01:54:40.760 --> 01:54:44.200
 family to the fire lane and then over to the building.

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

01:54:49.080 --> 01:54:50.080
 line.

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.

01:54:54.300 --> 01:54:59.480
 So butterfly gardens and bark mulch paths are nestled within the trees to allow residents

01:54:59.480 --> 01:55:02.800
 to encounter nature and connect with the outdoors.

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.

01:55:11.680 --> 01:55:18.640
 The reflection pond in the open courtyard provides for a tranquil setting for residents

01:55:18.640 --> 01:55:25.100
 to relax, enjoy, and unwind.

01:55:25.100 --> 01:55:26.760
 And that's nestled in that courtyard.

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.

01:55:35.040 --> 01:55:40.560
 Different types of experiences that residents can enjoy as they're getting out of their

01:55:40.560 --> 01:55:44.620
 units and coming out to the outdoors to connect with nature.

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

01:55:50.560 --> 01:55:53.600
 natural setting that we're trying to accomplish.

01:55:53.600 --> 01:55:57.680
 There's a dog park that's located in the far west end of the property.

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.

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

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

01:56:18.100 --> 01:56:29.720
 the shade structures, gazebos, and enjoy entertaining their friends and being out in the pool.

01:56:29.720 --> 01:56:34.020
 So Millennium Crest has been strategically designed to attract a type of resident seeking

01:56:34.020 --> 01:56:39.520
 a high quality living option within the city while being sensitive to the adjacent uses

01:56:39.520 --> 01:56:44.800
 and preserving as many of the trees as possible to provide optimal visual buffering to the

01:56:44.800 --> 01:57:08.720
 existing neighborhood and be a complimentary living option for the city of Denton.

01:57:08.720 --> 01:57:13.800
 And so looking at the site features, you know, with underground detention, let me talk about

01:57:13.800 --> 01:57:15.480
 access first, sorry.

01:57:15.480 --> 01:57:19.720
 So we do have the 50-foot access easement that's along our eastern property line.

01:57:19.720 --> 01:57:24.000
 This will be improved to provide us to access to the southbound frontage road.

01:57:24.000 --> 01:57:26.760
 We are extending it to our east line.

01:57:26.760 --> 01:57:29.280
 It does not necessarily connect to the Buckees property.

01:57:29.280 --> 01:57:33.600
 That's for a future adjacent developer to make that connection, not us.

01:57:33.600 --> 01:57:36.040
 Then the access comes into our site.

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

01:57:39.960 --> 01:57:43.000
 here at the Brookdale site.

01:57:43.000 --> 01:57:46.960
 We have received a preliminary approval from the owners of the property.

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,

01:57:52.400 --> 01:57:54.600
 the platting process and the civil design.

01:57:54.600 --> 01:57:59.800
 Then the fire lane loops around the building to provide for adequate coverage as required.

01:57:59.800 --> 01:58:04.080
 In order for the detention to work on the property, like Haley mentioned, this underground

01:58:04.080 --> 01:58:06.200
 detention was placed under the fire lane.

01:58:06.200 --> 01:58:09.640
 It is more expensive, structured parking is more expensive.

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

01:58:14.720 --> 01:58:17.440
 to reduce the footprint, minimize the impact.

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

01:58:21.440 --> 01:58:22.800
 out trees.

01:58:22.800 --> 01:58:26.220
 And one of the earlier neighborhood meetings, we had a dog park on this south buffer.

01:58:26.220 --> 01:58:32.160
 We have placed that over on this west line to remove it away from the neighbors.

01:58:32.160 --> 01:58:36.660
 And I know I have a little bit more time left, or actually I'm done.

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

01:58:39.600 --> 01:58:43.920
 up from the buckies in the future at some point, but there will be future connectivity

01:58:43.920 --> 01:58:45.120
 there.

01:58:45.120 --> 01:58:48.720
 And the cross-section is showing the 65-foot natural zone.

01:58:48.720 --> 01:58:55.240
 So the natural zone is intended to preserve the understory canopy, almost like a conservation

01:58:55.240 --> 01:58:56.420
 type easement.

01:58:56.420 --> 01:58:59.520
 We don't want to impact that habitat that's there.

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

01:59:03.560 --> 01:59:05.040
 way we can see through it.

01:59:05.040 --> 01:59:08.060
 We don't want to enclose it with anything that you can't see through.

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.

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

01:59:18.320 --> 01:59:20.120
 that understory in place.

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

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

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.

01:59:34.160 --> 01:59:38.840
 These steps that go down to the south property line, this is roughly anywhere between four

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

01:59:44.400 --> 01:59:46.200
 on where it is on the site.

01:59:46.200 --> 01:59:51.000
 But those are kind of those steps that we're taking in the grading.

01:59:51.000 --> 01:59:54.520
 And then we were very proactive at the outset with the neighborhood outreach.

01:59:54.520 --> 02:00:01.200
 We knew we needed to have -- to be available, accessible, transparent.

02:00:01.200 --> 02:00:06.320
 And we feel like we have done that talking to all the neighbors, having several meetings

02:00:06.320 --> 02:00:09.980
 and being -- giving them our contact information and having even phone calls after the meetings

02:00:09.980 --> 02:00:13.240
 with individual property owners.

02:00:13.240 --> 02:00:16.760
 Some of the things that we talked about in those meetings, we felt like the positions

02:00:16.760 --> 02:00:18.800
 were generally neutral at that time.

02:00:18.800 --> 02:00:22.320
 It really interested in asking questions, understanding what that impact was going to

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

02:00:27.880 --> 02:00:30.880
 access to the property and the visibility.

02:00:30.880 --> 02:00:35.280
 And I think -- I'm hoping that that video and the renderings that we have previously

02:00:35.280 --> 02:00:40.280
 provided in neighborhood meetings help illustrate what that visual impact will look like to

02:00:40.280 --> 02:00:46.000
 the neighborhood and the depth of that building being as far away as possible.

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

02:00:51.040 --> 02:00:56.000
 provide the smallest footprint while making this still a feasible, successful development

02:00:56.000 --> 02:01:02.840
 and provide for quality housing for young professionals to come to the City of Denton

02:01:02.840 --> 02:01:03.840
 to live here.

02:01:03.840 --> 02:01:07.640
 So that will conclude my portion of the presentation.

02:01:07.640 --> 02:01:09.760
 William and I will be happy to stand for questions.

02:01:09.760 --> 02:01:10.760
 >> Great.

02:01:10.760 --> 02:01:11.760
 I think we have one.

02:01:11.760 --> 02:01:12.760
 Mr. Smith.

02:01:12.760 --> 02:01:13.760
 >> Thank you, Chair.

02:01:13.760 --> 02:01:15.280
 I will have a question for you, ma'am.

02:01:15.280 --> 02:01:16.280
 >> Yes.

02:01:16.280 --> 02:01:19.160
 >> But, Haley, can I ask you a quick question as first here?

02:01:19.160 --> 02:01:21.840
 You can actually leave that exact slide up for me here.

02:01:21.840 --> 02:01:27.440
 I forgot to ask this during work session, Haley, but as the applicant had mentioned,

02:01:27.440 --> 02:01:30.800
 that easement, they don't feel like it is their responsibility to connect that into

02:01:30.800 --> 02:01:31.800
 Buc-E's.

02:01:31.800 --> 02:01:35.800
 And then looking at the site location map that -- I remember when we approved for that

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

02:01:39.480 --> 02:01:41.600
 of land in between there.

02:01:41.600 --> 02:01:43.200
 Who owns that?

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

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

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

02:01:57.080 --> 02:02:03.280
 ever going to develop it, then we have two unpurposable stub outs that will never connect

02:02:03.280 --> 02:02:05.360
 because no one takes responsibility for them.

02:02:05.360 --> 02:02:07.680
 Haley, are you going to shed light on there?

02:02:07.680 --> 02:02:08.680
 >> Sure.

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

02:02:13.720 --> 02:02:16.540
 is now parcel created by Buc-E's.

02:02:16.540 --> 02:02:21.640
 I believe they still own the property, the ownership entity for Buc-E's.

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.

02:02:26.720 --> 02:02:31.560
 They will have to go through the alternative ESA plan process to accomplish that driveway

02:02:31.560 --> 02:02:35.300
 because of the impacts they would have on that riparian buffer.

02:02:35.300 --> 02:02:39.360
 But it's my understanding they are leaving that until such time as they have someone

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

02:02:43.880 --> 02:02:48.680
 would have to come in for that plan approval to make that driveway connection.

02:02:48.680 --> 02:02:55.480
 >> Just for historicity, they applied for that alt ESA and they were denied by this

02:02:55.480 --> 02:02:56.480
 body.

02:02:56.480 --> 02:02:59.960
 >> I don't think I was at that meeting, but okay, now I understand.

02:02:59.960 --> 02:03:00.960
 Got it.

02:03:00.960 --> 02:03:01.960
 Understood.

02:03:01.960 --> 02:03:02.960
 Okay.

02:03:02.960 --> 02:03:03.960
 Understood.

02:03:03.960 --> 02:03:06.040
 Thank you.

02:03:06.040 --> 02:03:08.160
 A couple questions, ma'am.

02:03:08.160 --> 02:03:13.640
 One, nothing in staff's presentation or your presentation yet, have we seen anything that

02:03:13.640 --> 02:03:19.560
 addresses any noise or light pollution mitigation you guys will take as the engineers for this

02:03:19.560 --> 02:03:20.560
 project?

02:03:20.560 --> 02:03:24.000
 Anything you could pardon the pun, shed light on for that?

02:03:24.000 --> 02:03:26.400
 I guess I got one left.

02:03:26.400 --> 02:03:27.400
 Thanks.

02:03:27.400 --> 02:03:28.400
 Appreciate it.

02:03:28.400 --> 02:03:29.400
 >> Yes.

02:03:29.400 --> 02:03:33.080
 So we fully intend to comply with the city requirements on noise at the property line,

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.

02:03:38.920 --> 02:03:41.260
 We know security is important at this site.

02:03:41.260 --> 02:03:42.880
 It's very important.

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

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

02:03:55.760 --> 02:03:58.720
 those two requirements at this time.

02:03:58.720 --> 02:04:03.400
 Nothing specific, but trying to balance between the two of those.

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

02:04:10.920 --> 02:04:18.820
 it as you could right now by right and therefore taking up more landscape, smaller buffer,

02:04:18.820 --> 02:04:23.480
 how does building it underneath this SUP benefit the neighborhood, which it abuts against?

02:04:23.480 --> 02:04:32.000
 >> So my opinion of that is we could do this development, stretch the building out east,

02:04:32.000 --> 02:04:37.120
 west, south, and be within the 40-foot height.

02:04:37.120 --> 02:04:39.320
 We wouldn't have the retail building.

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

02:04:44.480 --> 02:04:50.260
 southern property line because we would need a significant amount of building square footage

02:04:50.260 --> 02:04:53.760
 in order to stay at that 234-unit count.

02:04:53.760 --> 02:04:54.760
 >> Okay.

02:04:54.760 --> 02:05:01.600
 So just to paraphrase, basically that by getting this SUP, that this benefits the neighborhood

02:05:01.600 --> 02:05:05.720
 by being able to have the further setback away from the neighborhood, not encroaching

02:05:05.720 --> 02:05:08.000
 upon them and their integrity.

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

02:05:12.480 --> 02:05:19.200
 more impeding upon their current status as a neighborhood than it would be with the SUP.

02:05:19.200 --> 02:05:20.200
 >> That's correct.

02:05:20.200 --> 02:05:24.240
 We feel like the SUP request protects the neighbors more than without it.

02:05:24.240 --> 02:05:25.240
 >> Okay.

02:05:25.240 --> 02:05:26.240
 Understood.

02:05:26.240 --> 02:05:27.240
 Thank you.

02:05:27.240 --> 02:05:29.160
 >> Is there any other questions for the applicant?

02:05:29.160 --> 02:05:30.640
 Christian McDade.

02:05:30.640 --> 02:05:40.080
 >> Thank you, Chair, if you could go back to your last -- like the major questions, the

02:05:40.080 --> 02:05:41.080
 --

02:05:41.080 --> 02:05:42.080
 >> The neighborhood?

02:05:42.080 --> 02:05:43.080
 >> No.

02:05:43.080 --> 02:05:49.080
 You had a -- about the major questions and about your -- the type of tenants, you know,

02:05:49.080 --> 02:05:50.080
 I mean that --

02:05:50.080 --> 02:05:51.080
 >> Oh.

02:05:51.080 --> 02:05:52.080
 >> That page there.

02:05:52.080 --> 02:05:53.080
 Hold on.

02:05:53.080 --> 02:05:54.080
 Let me go back to my screen.

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

02:05:59.520 --> 02:06:00.520
 that we were trying --

02:06:00.520 --> 02:06:01.520
 >> Well, yeah, you had major questions.

02:06:01.520 --> 02:06:02.520
 >> Oh, I'm sorry.

02:06:02.520 --> 02:06:03.520
 >> I think your last slide was --

02:06:03.520 --> 02:06:04.520
 >> I'm so sorry.

02:06:04.520 --> 02:06:05.520
 Yes, sir.

02:06:05.520 --> 02:06:06.520
 Right there.

02:06:06.520 --> 02:06:07.520
 >> Okay.

02:06:07.520 --> 02:06:08.520
 I'm just curious.

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

02:06:11.280 --> 02:06:15.560
 just curious what type of feedback you got on that type of question there.

02:06:15.560 --> 02:06:21.760
 >> Yeah, that was -- the concern was is this going to be student housing?

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

02:06:26.960 --> 02:06:27.960
 area.

02:06:27.960 --> 02:06:33.120
 And in this market, this area, this location, it is not student housing.

02:06:33.120 --> 02:06:36.520
 It's not going to have leases that are subleased to students.

02:06:36.520 --> 02:06:38.920
 It's not leased out by bedroom.

02:06:38.920 --> 02:06:39.920
 It's not like that at all.

02:06:39.920 --> 02:06:43.560
 It's one person on the lease for one unit.

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

02:06:48.560 --> 02:06:51.080
 area, specifically the medical ones.

02:06:51.080 --> 02:06:55.400
 And he's -- the intent is to attract those professionals to live here.

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

02:06:58.880 --> 02:06:59.880
 here.

02:06:59.880 --> 02:07:00.880
 >> All right.

02:07:00.880 --> 02:07:01.880
 Thank you.

02:07:01.880 --> 02:07:02.880
 >> Sure.

02:07:02.880 --> 02:07:03.880
 >> Yeah.

02:07:03.880 --> 02:07:04.880
 You can come down.

02:07:04.880 --> 02:07:05.880
 >> Thank you.

02:07:05.880 --> 02:07:06.880
 >> Hi.

02:07:06.880 --> 02:07:14.320
 Thank you for Randy's information.

02:07:14.320 --> 02:07:18.360
 I have a little bit more information about our marketing study.

02:07:18.360 --> 02:07:24.360
 In here, this particular site, we have study about 25 -- oh, sorry.

02:07:24.360 --> 02:07:30.800
 Chairman -- sorry, I'm really nervous.

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.

02:07:36.000 --> 02:07:44.800
 We are looking at a proposal about -- about starting about $1,150 for the efficiency all

02:07:44.800 --> 02:07:47.640
 the way to $2,000 to the two-bedroom.

02:07:47.640 --> 02:07:48.640
 So this is not a --

02:07:48.640 --> 02:07:53.200
 >> Haley, do we have a -- do we have the sky camera working these days?

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?

02:08:03.320 --> 02:08:07.440
 And if it works, we all can see what you're talking about.

02:08:07.440 --> 02:08:08.440
 Perfect.

02:08:08.440 --> 02:08:09.440
 Thank you.

02:08:09.440 --> 02:08:10.440
 >> Oh, okay.

02:08:10.440 --> 02:08:11.440
 Good.

02:08:11.440 --> 02:08:12.440
 Okay.

02:08:12.440 --> 02:08:13.440
 Great.

02:08:13.440 --> 02:08:14.440
 Wow.

02:08:14.440 --> 02:08:15.440
 High-tech.

02:08:15.440 --> 02:08:16.600
 This is the rent we are looking at here.

02:08:16.600 --> 02:08:20.640
 And also, I'd like to share with Ms. McRae.

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

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

02:08:34.280 --> 02:08:36.520
 field professional.

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.

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

02:08:52.960 --> 02:08:59.760
 a lot of capital to build an underground retainage parking garage.

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

02:09:07.120 --> 02:09:11.120
 here to try to say this is a product.

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

02:09:17.560 --> 02:09:21.120
 neighbor, corporate citizen here.

02:09:21.120 --> 02:09:30.840
 In terms of the -- regarding about our previous experience in there is this is the product

02:09:30.840 --> 02:09:32.840
 city of Denton, haven't seen a lot.

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

02:09:38.400 --> 02:09:40.840
 in the high -- very high demand in there.

02:09:40.840 --> 02:09:43.480
 So we are thinking about this in this aspect.

02:09:43.480 --> 02:09:50.400
 Also, because Denton's development in the future, the I-35 phase two is coming.

02:09:50.400 --> 02:09:53.680
 It just been led last week from the state.

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.

02:09:57.720 --> 02:10:05.120
 So we are looking forward to introduce this more urban, more modern type of product, and

02:10:05.120 --> 02:10:11.800
 without -- with the minimal impact to the neighborhood in there, that's our goal.

02:10:11.800 --> 02:10:15.920
 And that's what I can -- hopefully I answer some questions again.

02:10:15.920 --> 02:10:19.440
 Thank you, Chairman, and the commissioners.

02:10:19.440 --> 02:10:21.400
 >> I have actually a question for you.

02:10:21.400 --> 02:10:24.560
 You mentioned that you -- or someone mentioned that you have a property in Corinth or --

02:10:24.560 --> 02:10:25.560
 >> Correct.

02:10:25.560 --> 02:10:28.440
 >> And it's called Millennium as well.

02:10:28.440 --> 02:10:30.320
 Did you actually develop that property?

02:10:30.320 --> 02:10:31.320
 >> That's correct.

02:10:31.320 --> 02:10:32.320
 Yes, I did.

02:10:32.320 --> 02:10:33.320
 >> When did you develop it?

02:10:33.320 --> 02:10:39.200
 >> We started in 2016 on the planning, and we actually break ground on the 2017 September,

02:10:39.200 --> 02:10:43.640
 and we complete on 2019 on March.

02:10:43.640 --> 02:10:44.920
 >> And do you still hold that property?

02:10:44.920 --> 02:10:45.920
 >> Yes, we still.

02:10:45.920 --> 02:10:46.920
 >> And is your --

02:10:46.920 --> 02:10:47.920
 >> We are not a builder.

02:10:47.920 --> 02:10:49.360
 We just -- we are the long-term operator.

02:10:49.360 --> 02:10:50.360
 >> Okay.

02:10:50.360 --> 02:10:51.360
 >> Yes.

02:10:51.360 --> 02:10:52.360
 >> You haven't sold it?

02:10:52.360 --> 02:10:53.360
 >> No.

02:10:53.360 --> 02:10:54.360
 >> That's not the intention?

02:10:54.360 --> 02:10:55.360
 >> No, no.

02:10:55.360 --> 02:10:56.360
 >> Okay.

02:10:56.360 --> 02:10:59.040
 The other question I had was -- you mentioned that there was campers there that you had

02:10:59.040 --> 02:11:00.640
 to clear out.

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

02:11:07.680 --> 02:11:11.520
 remains empty in the barrier, the buffer area?

02:11:11.520 --> 02:11:12.520
 >> Yes.

02:11:12.520 --> 02:11:18.280
 We did -- we did research, and we also consulting with one of the city attendant officer.

02:11:18.280 --> 02:11:22.720
 He helping us to reach out all the different type of the security camera, different type

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

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

02:11:39.160 --> 02:11:45.160
 there 24 hours in there, but if we have a quality development in there, we obligate

02:11:45.160 --> 02:11:50.400
 to our customer and as well as to the neighborhood, we will make -- definitely maintaining it

02:11:50.400 --> 02:11:52.000
 in the high level.

02:11:52.000 --> 02:11:54.640
 And it's similar to a vacant house.

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

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

02:12:11.240 --> 02:12:18.480
 one of the neighborhood homeowners thinking about there's a lot of water in the northern

02:12:18.480 --> 02:12:21.480
 side of property as well as the south side of property.

02:12:21.480 --> 02:12:26.240
 And those have become news and water because of lack of maintenance in there.

02:12:26.240 --> 02:12:30.960
 And those are all, you know, development plan, we will make it correct.

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

02:12:36.560 --> 02:12:40.160
 product to the city of Denton in there.

02:12:40.160 --> 02:12:41.160
 >> I appreciate that.

02:12:41.160 --> 02:12:42.160
 Thank you.

02:12:42.160 --> 02:12:43.160
 >> Okay.

02:12:43.160 --> 02:12:44.160
 Thank you.

02:12:44.160 --> 02:12:48.720
 >> I don't see any other questions at this time, but we might have more later.

02:12:48.720 --> 02:12:52.880
 With that, this is a public hearing, can we clear the commission board of speakers?

02:12:52.880 --> 02:12:55.400
 I don't think we have any speakers outstanding.

02:12:55.400 --> 02:12:56.400
 Right?

02:12:56.400 --> 02:13:00.600
 Commissioner Dade, you don't need to speak, right?

02:13:00.600 --> 02:13:01.600
 You're good.

02:13:01.600 --> 02:13:03.320
 I think you're good.

02:13:03.320 --> 02:13:04.320
 Thank you.

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

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.

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

02:13:17.480 --> 02:13:22.960
 Lorne Thomas, and then the next person will be Ralph Benford.

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,

02:13:27.560 --> 02:13:29.120
 you'll be given four minutes.

02:13:29.120 --> 02:13:30.120
 >> I'm Lorne Thomas.

02:13:30.120 --> 02:13:33.080
 I'm at 2404 Natchez Trace.

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

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.

02:13:43.880 --> 02:13:47.060
 It's by the retail portion of the property.

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

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

02:13:59.960 --> 02:14:00.960
 from mine.

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

02:14:05.680 --> 02:14:10.880
 going to have like an 8-foot board-on-board fence separating me from whatever because

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.

02:14:17.160 --> 02:14:19.440
 So that would be one of my questions.

02:14:19.440 --> 02:14:24.300
 And then I lose all my trees that are going to be behind my property.

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

02:14:31.120 --> 02:14:35.080
 if there's clarification on that, if that's actually a parking lot or a pond.

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

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.

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

02:14:49.080 --> 02:14:51.280
 pond with some sort of circulating water.

02:14:51.280 --> 02:14:55.120
 Yeah, the water will be moving.

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

02:15:00.760 --> 02:15:03.720
 50-foot easement and access is.

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

02:15:08.100 --> 02:15:09.100
 to be there.

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

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

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

02:15:24.800 --> 02:15:27.800
 to the interior road of Buc-E's.

02:15:27.800 --> 02:15:33.720
 So Buc-E's would have an entrance from where the old Luby's was.

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

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

02:15:45.840 --> 02:15:49.960
 precipice for that road to be completed, but that would be -- the future of that would

02:15:49.960 --> 02:15:55.200
 be Buc-E's road would be extended up north behind your house.

02:15:55.200 --> 02:15:56.200
 >> Okay.

02:15:56.200 --> 02:16:01.040
 Yeah, well, whatever happens there is going to affect me, and so my primary concerns are

02:16:01.040 --> 02:16:07.680
 just the -- a secure barrier being between -- me between that development there.

02:16:07.680 --> 02:16:08.680
 >> Understood.

02:16:08.680 --> 02:16:11.220
 I appreciate you being here.

02:16:11.220 --> 02:16:13.800
 Next is Ralph Benford, followed by Jerry Drake.

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

02:16:19.520 --> 02:16:20.520
 speak.

02:16:20.520 --> 02:16:24.040
 >> Ralph Benford, 2416 Natchez Trace.

02:16:24.040 --> 02:16:25.040
 Can you hear me okay?

02:16:25.040 --> 02:16:26.040
 >> Okay.

02:16:26.040 --> 02:16:29.040
 We can hear you.

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

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,

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

02:16:53.960 --> 02:16:55.400
 that area.

02:16:55.400 --> 02:17:02.180
 That's there by the Goodwill area.

02:17:02.180 --> 02:17:08.240
 Maybe it's already been mentioned, is there going to be another entrance and exits by

02:17:08.240 --> 02:17:11.440
 the nursing home?

02:17:11.440 --> 02:17:15.400
 >> Only for fire and emergency vehicles.

02:17:15.400 --> 02:17:17.440
 >> Okay.

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

02:17:22.160 --> 02:17:24.880
 going to take up.

02:17:24.880 --> 02:17:28.120
 Seven acres encompasses a pretty long area.

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

02:17:39.600 --> 02:17:44.400
 we can get a little more specifics as we go along.

02:17:44.400 --> 02:17:49.160
 My wife and I have lived on Natchez Trace for almost 15 years.

02:17:49.160 --> 02:17:52.680
 It's a quiet, safe, friendly neighborhood.

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.

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,

02:18:12.320 --> 02:18:22.120
 noise, pollution, all of that, but the fact is that something of this magnitude is going

02:18:22.120 --> 02:18:26.980
 to have a huge impact on the neighborhood.

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

02:18:33.400 --> 02:18:34.400
 the area.

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

02:18:39.800 --> 02:18:42.040
 to affect them.

02:18:42.040 --> 02:18:47.680
 Certainly didn't show up to protest, but it will.

02:18:47.680 --> 02:18:58.300
 Something of this size and this magnitude will certainly have an impact on everyone.

02:18:58.300 --> 02:19:08.680
 Before I came up, the group that I'm with had mentioned the possible electricity problem

02:19:08.680 --> 02:19:18.040
 that might occur with 235 or 40 units in an apartment complex.

02:19:18.040 --> 02:19:26.400
 As you know, the power grid has been iffy at best.

02:19:26.400 --> 02:19:30.280
 And we've been lucky so far that we haven't had any outages or anything.

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.

02:19:39.600 --> 02:19:45.120
 I don't know that that would be a major consideration or not.

02:19:45.120 --> 02:19:51.760
 But it would be nice to have more specifics as far as the layout.

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,

02:20:00.960 --> 02:20:04.000
 something like that, as I recall seeing.

02:20:04.000 --> 02:20:10.860
 There was an awful lot of information to absorb that she went through.

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

02:20:18.520 --> 02:20:25.760
 is going to have a huge impact on everyone that lives in that area.

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

02:20:33.600 --> 02:20:34.600
 do.

02:20:34.600 --> 02:20:44.440
 I hope that our voices and our opinions might mean something and count for something.

02:20:44.440 --> 02:20:50.560
 That's all we can ask, and with that, thank you for my time.

02:20:50.560 --> 02:20:52.000
 I appreciate you being here.

02:20:52.000 --> 02:20:57.720
 I have a question for staff, but what I'd like to do is hold that.

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

02:21:02.680 --> 02:21:05.660
 at the end because I have some questions that he prompted.

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

02:21:08.760 --> 02:21:11.800
 participants, that would be helpful.

02:21:11.800 --> 02:21:18.080
 Do you have a question for him?

02:21:18.080 --> 02:21:21.080
 Okay, great.

02:21:21.080 --> 02:21:34.280
 Next is Jerry Drake, followed by Dan Lyons.

02:21:34.280 --> 02:21:35.280
 Welcome back, stranger.

02:21:35.280 --> 02:21:38.280
 Hey, it's good to be back.

02:21:38.280 --> 02:21:49.000
 Good seeing all of you again.

02:21:49.000 --> 02:21:55.120
 It is shared, and you can just click through with the arrows.

02:21:55.120 --> 02:21:56.120
 Very good.

02:21:56.120 --> 02:22:00.640
 Jerry Drake, 2504 Shiloh Road in Denton, Texas.

02:22:00.640 --> 02:22:04.400
 Thank you for having this hearing tonight.

02:22:04.400 --> 02:22:11.040
 And thank you to Millennium for trying as hard as they did to make some accommodations

02:22:11.040 --> 02:22:14.040
 for us.

02:22:14.040 --> 02:22:15.040
 I'm a nerd.

02:22:15.040 --> 02:22:17.160
 Those of you who've worked with me before know that.

02:22:17.160 --> 02:22:22.400
 I'm either a law or engineering, and I look at details.

02:22:22.400 --> 02:22:24.580
 So I'm looking at the criteria here.

02:22:24.580 --> 02:22:27.980
 There are three criteria that I think are impacted out of six.

02:22:27.980 --> 02:22:30.360
 Is it compatible with the surrounding areas proposed?

02:22:30.360 --> 02:22:32.200
 Does it meet all other code standards?

02:22:32.200 --> 02:22:38.280
 And does it mitigate the impacts associated with access, traffic, and emergency service?

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

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,

02:22:49.480 --> 02:22:55.640
 all of those nasty things that are just shoved towards our neighborhood all the more.

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

02:23:02.180 --> 02:23:04.240
 a concern.

02:23:04.240 --> 02:23:08.400
 Haley addressed number two a little bit here, that the development's uphill.

02:23:08.400 --> 02:23:11.520
 The increased height exacerbates the difference.

02:23:11.520 --> 02:23:16.240
 While this is the diagram in the code, this is what it really is.

02:23:16.240 --> 02:23:18.320
 And then this is just from the staff report.

02:23:18.320 --> 02:23:21.200
 I didn't understand the comparison to roofs.

02:23:21.200 --> 02:23:25.280
 People want privacy in their yards and their pools, not on their roofs.

02:23:25.280 --> 02:23:29.280
 Our roofs don't care about how high it is.

02:23:29.280 --> 02:23:33.720
 As far as code issues, here are a couple here, fire code.

02:23:33.720 --> 02:23:38.120
 Buildings higher than 30 feet shall have at least two means of fire apparatus access for

02:23:38.120 --> 02:23:39.120
 each structure.

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

02:23:44.480 --> 02:23:48.440
 only one point of access.

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,

02:23:52.160 --> 02:23:54.480
 even if they come back later for that other building.

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

02:23:58.160 --> 02:24:00.240
 the plan, and yet you approved it.

02:24:00.240 --> 02:24:03.640
 Why did you do that if you didn't want us to do it?"

02:24:03.640 --> 02:24:09.520
 DDC 8.3(c)(1) must provide two points of vehicle access unless infeasible.

02:24:09.520 --> 02:24:14.880
 Well, is it really infeasible here or is it just that it's more expensive?

02:24:14.880 --> 02:24:20.720
 Is it that they couldn't buy the easements that they needed from the adjacent properties?

02:24:20.720 --> 02:24:26.900
 I heard a few moments ago that the preliminary approval with Brookdale, well, where's the

02:24:26.900 --> 02:24:30.600
 access easement that guarantees that, that creates a right?

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?

02:24:37.020 --> 02:24:40.080
 And leave you for planning is not the answer.

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.

02:24:47.520 --> 02:24:52.040
 Applicant proposed only one access point that remains open all the time.

02:24:52.040 --> 02:24:57.240
 The perimeter paving is only 24 to 26 feet wide.

02:24:57.240 --> 02:25:00.720
 Natchez trace is 50 feet wide, okay?

02:25:00.720 --> 02:25:04.400
 Our cul-de-sacs are 50 feet wide.

02:25:04.400 --> 02:25:08.480
 The pavement width is 31 feet, it's wider than this.

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

02:25:13.400 --> 02:25:14.400
 one.

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

02:25:23.600 --> 02:25:29.080
 is necessary for us, then for our safety, why isn't it for them?

02:25:29.080 --> 02:25:36.320
 The aerial trucks, here's a diagram here of a 24 to 26 inch street.

02:25:36.320 --> 02:25:44.440
 You can see with their outriggers, they're 18 feet apart.

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

02:25:51.540 --> 02:25:53.880
 parking lot is locked behind a barricade.

02:25:53.880 --> 02:25:56.000
 It's not a fire access route.

02:25:56.000 --> 02:25:59.760
 According to the fire code, you've got to have two separate and approved fire access

02:25:59.760 --> 02:26:02.800
 roads regardless of whether they're sprinkled.

02:26:02.800 --> 02:26:06.720
 And maybe the minimum's not enough for a shared two-way traffic.

02:26:06.720 --> 02:26:09.600
 You know, maybe that would be okay if it were one-way.

02:26:09.600 --> 02:26:15.440
 If it were limited to one-way, that might be okay, but this is two-way.

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

02:26:23.160 --> 02:26:26.560
 and they encounter fire apparatus head-on?

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

02:26:31.160 --> 02:26:39.720
 than 383 panicked cars that are trying to leave this situation in case of an emergency?

02:26:39.720 --> 02:26:42.420
 You have discretion in an SUP.

02:26:42.420 --> 02:26:44.080
 This is your role.

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

02:26:50.600 --> 02:26:52.520
 as they possibly can.

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

02:26:59.080 --> 02:27:03.960
 sense and you have the discretion, that's what the SUP is about.

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

02:27:08.520 --> 02:27:11.840
 done my homework, can I go to the circus?"

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,

02:27:16.320 --> 02:27:19.160
 I need to sit down and look at the details."

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

02:27:24.640 --> 02:27:28.880
 site plan to me at that time, they showed pretty pictures.

02:27:28.880 --> 02:27:34.960
 Pretty pictures don't impress me.

02:27:34.960 --> 02:27:40.800
 Just going along with this, I point out about Razor Ranch, when that was approved, there

02:27:40.800 --> 02:27:46.280
 were pretty pictures there too, showed Abercrombie and Fitch, a museum, amphitheater, a performance

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

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.

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

02:28:08.920 --> 02:28:09.920
 very much.

02:28:09.920 --> 02:28:11.840
 If you have any questions, I'll try to answer them.

02:28:11.840 --> 02:28:12.840
 Great.

02:28:12.840 --> 02:28:13.840
 Thank you, Mr. Drake.

02:28:13.840 --> 02:28:14.840
 Any questions?

02:28:14.840 --> 02:28:23.120
 I have actually a couple for you, sir.

02:28:23.120 --> 02:28:24.120
 You had several points about fire access.

02:28:24.120 --> 02:28:25.120
 Yes.

02:28:25.120 --> 02:28:26.120
 There is two points of access.

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,

02:28:30.240 --> 02:28:33.160
 my understanding that correctly.

02:28:33.160 --> 02:28:38.880
 If you're talking about this second access point here, Brookdale's, well, that's locked

02:28:38.880 --> 02:28:45.120
 for one thing and it's how is Brookdale's parking lot a fire access easement?

02:28:45.120 --> 02:28:49.120
 Has that been approved as a fire access easement?

02:28:49.120 --> 02:28:52.920
 Your concern is making sure that's approved to meet the second easement, correct?

02:28:52.920 --> 02:28:56.040
 If that's approved, that would satisfy the concern there for you?

02:28:56.040 --> 02:29:02.280
 Well, that concern perhaps, but the thing is, I think even more concerning to me is

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

02:29:09.220 --> 02:29:11.040
 fire access roads.

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

02:29:15.760 --> 02:29:21.200
 intended for both vehicular traffic other than fire apparatus.

02:29:21.200 --> 02:29:25.040
 And you may need a street around there too.

02:29:25.040 --> 02:29:27.000
 This is too narrow for a street.

02:29:27.000 --> 02:29:33.080
 This counts as an alley according to our criteria manual at 24 feet.

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

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.

02:29:44.200 --> 02:29:47.680
 Right, but you agree that it meets the minimum for fire lane?

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

02:29:53.500 --> 02:29:54.500
 of access.

02:29:54.500 --> 02:30:00.160
 The width of a fire lane, it does meet the minimum requirement.

02:30:00.160 --> 02:30:05.000
 The 24 feet is the minimum requirement assuming that you have appropriate access for your

02:30:05.000 --> 02:30:07.760
 vehicles to get in and out.

02:30:07.760 --> 02:30:11.200
 It's not intended to be a vehicle access point.

02:30:11.200 --> 02:30:16.640
 That's put right out there in the definition of fire lane.

02:30:16.640 --> 02:30:17.640
 I understand.

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,

02:30:23.560 --> 02:30:25.960
 but it meets code.

02:30:25.960 --> 02:30:30.940
 The minimum access for aerial apparatus is 26 feet.

02:30:30.940 --> 02:30:36.720
 The minimum fire access width for otherwise is 24 feet.

02:30:36.720 --> 02:30:38.920
 That's what the fire code says.

02:30:38.920 --> 02:30:39.920
 Okay, perfect.

02:30:39.920 --> 02:30:44.160
 The other question I had is, is this the same developer that developed in Razor Ranch?

02:30:44.160 --> 02:30:45.160
 No.

02:30:45.160 --> 02:30:46.160
 Okay.

02:30:46.160 --> 02:30:47.160
 Do you?

02:30:47.160 --> 02:30:48.160
 Okay.

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.

02:30:52.520 --> 02:30:55.200
 I don't know if anyone would want that in our industries.

02:30:55.200 --> 02:30:57.080
 I didn't mean to suggest that.

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

02:31:01.320 --> 02:31:04.040
 was a bunch of pretty pictures.

02:31:04.040 --> 02:31:08.320
 Pretty pictures are what sold Razor Ranch.

02:31:08.320 --> 02:31:11.440
 That didn't get us what was promised.

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

02:31:17.300 --> 02:31:20.920
 that I'm not satisfied by pretty pictures.

02:31:20.920 --> 02:31:22.960
 That's not enforceable.

02:31:22.960 --> 02:31:26.080
 Did you see the Millennium projects, pretty pictures and Corinth, and then their build

02:31:26.080 --> 02:31:27.160
 out and they compare the two?

02:31:27.160 --> 02:31:29.760
 I've driven past the Millennium and Corinth.

02:31:29.760 --> 02:31:30.760
 Okay.

02:31:30.760 --> 02:31:32.640
 How does it compare to the pictures they presented at their approval?

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

02:31:38.040 --> 02:31:40.560
 got public streets that go around it.

02:31:40.560 --> 02:31:41.560
 Okay.

02:31:41.560 --> 02:31:42.560
 Great.

02:31:42.560 --> 02:31:43.560
 That's all the questions I have.

02:31:43.560 --> 02:31:44.560
 Thank you.

02:31:44.560 --> 02:31:46.760
 Thank you.

02:31:46.760 --> 02:31:53.280
 Next is Dan Lyons, followed by Ken Gold.

02:31:53.280 --> 02:32:03.440
 Hello, my name is Dan Lyons.

02:32:03.440 --> 02:32:06.520
 I live at 2516 Shiloh Road.

02:32:06.520 --> 02:32:12.360
 I'm in that Southridge neighborhood, which we'll be staring directly at that apartment

02:32:12.360 --> 02:32:14.840
 complex that you all are planning to build.

02:32:14.840 --> 02:32:18.560
 A lot of things have been spoken over here.

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.

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.

02:32:31.240 --> 02:32:34.800
 That's not that large of a buffer.

02:32:34.800 --> 02:32:40.000
 The fly-through rendering that we saw was rather disingenuous.

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.

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

02:32:50.640 --> 02:32:52.760
 apartment complex.

02:32:52.760 --> 02:32:56.440
 It's going to change the entire character of our neighborhood.

02:32:56.440 --> 02:33:00.360
 It's going to decrease property values.

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

02:33:05.360 --> 02:33:13.880
 district to argue the valuation of our properties.

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

02:33:22.200 --> 02:33:25.160
 feel about these type of things.

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.

02:33:31.960 --> 02:33:38.560
 I just respectfully request that you basically deny this proposal.

02:33:38.560 --> 02:33:44.400
 You have zoning regulations for a reason.

02:33:44.400 --> 02:33:50.800
 I don't know if that reason had changed, right?

02:33:50.800 --> 02:33:57.160
 You have zoning regulations for a purpose.

02:33:57.160 --> 02:33:58.160
 That's all I have to say.

02:33:58.160 --> 02:33:59.640
 Well, I appreciate it, Mr. Lyons.

02:33:59.640 --> 02:34:00.800
 Thanks for being here.

02:34:00.800 --> 02:34:04.280
 Any questions?

02:34:04.280 --> 02:34:08.920
 Next is Ken Gold, followed by Russell Black.

02:34:08.920 --> 02:34:14.640
 If you could just state your name and address for the record, you have four minutes.

02:34:14.640 --> 02:34:15.640
 All right.

02:34:15.640 --> 02:34:24.200
 Can I get the Skycam to work, please, ma'am?

02:34:24.200 --> 02:34:25.200
 My name is Ken Gold.

02:34:25.200 --> 02:34:28.780
 I live at 2512 Natchez Trace.

02:34:28.780 --> 02:34:31.840
 My back fence is that eight-foot wooden fence they're supposed to be providing.

02:34:31.840 --> 02:34:36.640
 I already built it for them.

02:34:36.640 --> 02:34:42.480
 This is from in your backup, this is exhibit eight, the conceptual elevation.

02:34:42.480 --> 02:34:45.240
 I just put the one piece of it.

02:34:45.240 --> 02:34:47.600
 This is me standing in my backyard.

02:34:47.600 --> 02:34:48.600
 This is the apartment house.

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

02:34:54.320 --> 02:34:59.000
 might block some of it, but not so much in the winter.

02:34:59.000 --> 02:35:01.720
 That's the main point I want to say there.

02:35:01.720 --> 02:35:03.200
 This is also from the backup.

02:35:03.200 --> 02:35:06.000
 This is exhibit six, the proposed site plan.

02:35:06.000 --> 02:35:09.800
 Again, you've talked about this access over here.

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

02:35:14.000 --> 02:35:18.360
 got an ESA down here and the riparian areas right there.

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,

02:35:27.160 --> 02:35:29.420
 this is the black and white picture.

02:35:29.420 --> 02:35:36.280
 This was at one time, all of this area here was all cross timbers.

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

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

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

02:35:51.040 --> 02:35:55.360
 here that's Bucky's in the ESA, this is all one big habitat.

02:35:55.360 --> 02:36:02.500
 I think you need to consider carefully whether or not this project is worthwhile enough to

02:36:02.500 --> 02:36:05.080
 disrupt this habitat.

02:36:05.080 --> 02:36:09.080
 The main problem, though, right before you is that it's too tall.

02:36:09.080 --> 02:36:11.280
 I'm really not interested in looking out and seeing them.

02:36:11.280 --> 02:36:16.160
 I'm looking at them looking back at me.

02:36:16.160 --> 02:36:17.920
 I'll try to go as fast as I can here.

02:36:17.920 --> 02:36:20.880
 I've got probably more than four minutes' worth.

02:36:20.880 --> 02:36:24.880
 The target demographic, as I said, is professional business people.

02:36:24.880 --> 02:36:27.860
 Maybe that'll hold, maybe not, but you can't hold them to it.

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

02:36:33.600 --> 02:36:42.560
 without a shared access easement, there's nothing to keep that second access in the existing

02:36:42.560 --> 02:36:43.560
 agreement.

02:36:43.560 --> 02:36:47.080
 There's been nothing I've seen in writing of any kind of agreement with Brookdale.

02:36:47.080 --> 02:36:52.920
 I think that's a key criteria that you need to have before you approve anything.

02:36:52.920 --> 02:36:58.520
 And then the Bucky side, I think you need to make sure that does not connect.

02:36:58.520 --> 02:37:03.360
 A transportation impact analysis, they're going to be dumping a lot of people onto that

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

02:37:08.040 --> 02:37:09.040
 times of the day.

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

02:37:21.560 --> 02:37:25.120
 p.m. peak time vehicle trips.

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

02:37:30.440 --> 02:37:31.440
 vehicles.

02:37:31.440 --> 02:37:32.440
 I haven't seen that one was done.

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

02:37:37.480 --> 02:37:40.800
 developer has come up with.

02:37:40.800 --> 02:37:48.360
 I think the developer must demonstrate that he will minimally impact the surrounding area

02:37:48.360 --> 02:37:51.360
 rather than just say he's going to.

02:37:51.360 --> 02:38:00.880
 I think the proposed increase in height will cause additional negative impacts on the neighborhood,

02:38:00.880 --> 02:38:05.960
 and a significant amount of buffering is not 65 feet of trees left.

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

02:38:10.360 --> 02:38:13.640
 to start with.

02:38:13.640 --> 02:38:24.160
 Again, back on the cross timbers upland habitat, that's a unique forest type, heavily treed.

02:38:24.160 --> 02:38:30.460
 The existing tree canopy is quite impressive.

02:38:30.460 --> 02:38:33.800
 In the spring, the city staff recommended a full tree survey.

02:38:33.800 --> 02:38:36.520
 I have not seen any evidence that that was done.

02:38:36.520 --> 02:38:40.120
 It was not in the backup provided to you today.

02:38:40.120 --> 02:38:42.840
 There are a lot of heritage and quality trees there.

02:38:42.840 --> 02:38:46.960
 All trees over six inches in diameter are supposed to be protected.

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

02:38:55.320 --> 02:38:58.640
 going to be generated by all the concrete.

02:38:58.640 --> 02:38:59.640
 It's going to go somewhere.

02:38:59.640 --> 02:39:00.640
 It's going into that pond.

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

02:39:06.080 --> 02:39:08.320
 Buckeye's northwest side.

02:39:08.320 --> 02:39:13.800
 That's all one related community of trees and wildlife.

02:39:13.800 --> 02:39:19.720
 I think it has significant ecological value that the special permit needed for this is

02:39:19.720 --> 02:39:24.000
 not justified by just another apartment house in Denton.

02:39:24.000 --> 02:39:28.600
 There's a critical linkage between that piece of property and that ESA for wildlife.

02:39:28.600 --> 02:39:34.080
 It's a wildlife corridor, it enables movement, provides shelter and cover for the animals,

02:39:34.080 --> 02:39:38.160
 and provides food and proper amounts to sustain that wildlife.

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

02:39:41.320 --> 02:39:42.960
 my neighborhood.

02:39:42.960 --> 02:39:44.040
 They got no place else to go.

02:39:44.040 --> 02:39:47.960
 If you look at the map, there's no more connectivity on that side of town.

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

02:39:51.600 --> 02:39:54.560
 pieces and now they're all confined right there.

02:39:54.560 --> 02:39:56.160
 You're fixing to run them somewhere.

02:39:56.160 --> 02:39:57.160
 They're going somewhere.

02:39:57.160 --> 02:40:02.160
 They're coming into my neighborhood, at least at first.

02:40:02.160 --> 02:40:07.520
 I never really saw any copies of what's called the viewshed analysis by the city.

02:40:07.520 --> 02:40:10.520
 All I've seen was that conceptual elevation.

02:40:10.520 --> 02:40:12.840
 I assume that was the developers.

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

02:40:18.720 --> 02:40:24.080
 to be seen from the backyards or from the apartment house back into the backyards, but

02:40:24.080 --> 02:40:27.600
 it's going to affect property values.

02:40:27.600 --> 02:40:30.000
 It's going to affect the neighborhood adversely.

02:40:30.000 --> 02:40:31.320
 There's no way to deny it.

02:40:31.320 --> 02:40:36.240
 It's going to affect that whole piece of the world because that environment there that

02:40:36.240 --> 02:40:45.480
 the cross timbers upland habitat protects right now just by neglect is going to change

02:40:45.480 --> 02:40:50.400
 fundamentally and that's going to adversely affect not just the environment but my house.

02:40:50.400 --> 02:40:51.400
 Thank you.

02:40:51.400 --> 02:40:54.320
 Mr. Gold, I have a couple of questions for you.

02:40:54.320 --> 02:40:55.520
 I appreciate your insight.

02:40:55.520 --> 02:40:58.720
 You seem well informed and certainly appreciate that.

02:40:58.720 --> 02:41:03.080
 You said the 65 foot buffer was not wide enough.

02:41:03.080 --> 02:41:06.400
 As discussed earlier, Commissioner Smith brought it up to the applicant.

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

02:41:12.480 --> 02:41:14.240
 down to 20 feet.

02:41:14.240 --> 02:41:18.760
 Is that preferred over the 65 foot if given the height comes down?

02:41:18.760 --> 02:41:19.960
 That's not really a choice.

02:41:19.960 --> 02:41:26.040
 There is no proposal for a three story or larger plant.

02:41:26.040 --> 02:41:28.480
 That's just a speculative possibility.

02:41:28.480 --> 02:41:32.840
 I'm not sure it makes economic sense for them to do it that way.

02:41:32.840 --> 02:41:35.120
 I don't know that there is any way that they would do it.

02:41:35.120 --> 02:41:36.940
 I've not seen any plans or any proposals.

02:41:36.940 --> 02:41:39.360
 So that's not really a dichotomy here.

02:41:39.360 --> 02:41:41.560
 I don't know what would happen.

02:41:41.560 --> 02:41:43.560
 I would have to see.

02:41:43.560 --> 02:41:44.720
 Fair.

02:41:44.720 --> 02:41:51.520
 You would rather run that risk than support this project though, correct?

02:41:51.520 --> 02:41:54.960
 It's got the zoning for a lot of things to go in there.

02:41:54.960 --> 02:41:58.280
 But for some reason, they have not happened.

02:41:58.280 --> 02:42:02.840
 So my risk tolerance is pretty high on that.

02:42:02.840 --> 02:42:03.840
 Perfect.

02:42:03.840 --> 02:42:07.080
 And then you're a former fireman, correct?

02:42:07.080 --> 02:42:08.080
 Yes.

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

02:42:11.040 --> 02:42:12.040
 building?

02:42:12.040 --> 02:42:14.080
 As Mr. Drake was saying, that's the minimum.

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.

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

02:42:22.880 --> 02:42:29.760
 with its outriggers and the ladder up as people continue to evacuate.

02:42:29.760 --> 02:42:32.400
 Yeah, wider is better.

02:42:32.400 --> 02:42:36.760
 Yes, that is the bare absolute minimum.

02:42:36.760 --> 02:42:38.840
 It's technically legal.

02:42:38.840 --> 02:42:39.840
 Yeah.

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

02:42:43.560 --> 02:42:44.720
 ones in Denton.

02:42:44.720 --> 02:42:49.040
 That being said, in your experience on apartment fires, a lot of cars leaving the apartment

02:42:49.040 --> 02:42:51.280
 when the fire is on or they walk out of the building?

02:42:51.280 --> 02:42:53.600
 Well, initially, they walk to their car.

02:42:53.600 --> 02:42:57.040
 They walk to the car and then drive out of the structured parking garage?

02:42:57.040 --> 02:42:58.040
 If they can.

02:42:58.040 --> 02:43:04.520
 Sometimes we trap them with hose, they can't leave, but they will if they can.

02:43:04.520 --> 02:43:05.520
 Make sure they can't leave in a car.

02:43:05.520 --> 02:43:08.520
 Well, I mean, they can walk out.

02:43:08.520 --> 02:43:09.520
 Yeah.

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.

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

02:43:18.040 --> 02:43:24.920
 garage, engines show up, you got ladders, what the actual traffic flow in that moment

02:43:24.920 --> 02:43:25.920
 is.

02:43:25.920 --> 02:43:29.960
 I've never seen it, so I don't know the actual...

02:43:29.960 --> 02:43:32.560
 It varies, of course, and depends on what time of day.

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

02:43:37.000 --> 02:43:38.720
 incoming fire apparatus.

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

02:43:44.080 --> 02:43:45.080
 to try to get out.

02:43:45.080 --> 02:43:46.080
 Understood.

02:43:46.080 --> 02:43:47.080
 I appreciate your perspective.

02:43:47.080 --> 02:43:48.080
 Christopher Pruitt?

02:43:48.080 --> 02:43:49.600
 Yeah, just real quick.

02:43:49.600 --> 02:43:55.280
 You mentioned that you hadn't seen a tree survey on this plan.

02:43:55.280 --> 02:43:56.280
 Right.

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

02:44:01.080 --> 02:44:05.000
 preservation plan, includes a survey at the tail end.

02:44:05.000 --> 02:44:06.000
 There's a list of tag trees.

02:44:06.000 --> 02:44:08.560
 Is that on the backup that was provided with the agenda?

02:44:08.560 --> 02:44:11.480
 Yeah, and you can find that on the website as well.

02:44:11.480 --> 02:44:12.480
 Okay.

02:44:12.480 --> 02:44:13.480
 I just didn't find it.

02:44:13.480 --> 02:44:14.480
 Sure.

02:44:14.480 --> 02:44:15.480
 I just didn't see it.

02:44:15.480 --> 02:44:16.480
 Okay.

02:44:16.480 --> 02:44:17.480
 I'll look for it now.

02:44:17.480 --> 02:44:18.480
 Thank you.

02:44:18.480 --> 02:44:19.480
 Thank you very much.

02:44:19.480 --> 02:44:20.480
 I don't see any other questions.

02:44:20.480 --> 02:44:21.480
 Thank you.

02:44:21.480 --> 02:44:24.480
 Next is Russell Black and then Eric Robertson.

02:44:24.480 --> 02:44:31.800
 Do you need to state your name and address?

02:44:31.800 --> 02:44:32.800
 You have four minutes.

02:44:32.800 --> 02:44:33.800
 Sure.

02:44:33.800 --> 02:44:34.800
 My name's Russell Black.

02:44:34.800 --> 02:44:38.160
 I live at 2304 Shenandoah Trail.

02:44:38.160 --> 02:44:42.920
 I'm right there just south of Natchez Trace.

02:44:42.920 --> 02:44:48.600
 I'm obviously concerned about any development that's happening around my subdivision, but

02:44:48.600 --> 02:44:55.400
 no, I'm not right there with some of the homeowners that have spoken before.

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

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

02:45:10.840 --> 02:45:21.520
 the walking trail and the buffer between the Southridge community and the apartment complex.

02:45:21.520 --> 02:45:24.920
 Is that, are those our only two choices?

02:45:24.920 --> 02:45:32.160
 Let them build a 60 foot structure or a 40 foot eyesore.

02:45:32.160 --> 02:45:35.200
 Has the number of units already been approved?

02:45:35.200 --> 02:45:37.120
 I just recently got pulled into this.

02:45:37.120 --> 02:45:40.840
 I had no real idea that this was happening.

02:45:40.840 --> 02:45:44.680
 It sounds like it's already been sold.

02:45:44.680 --> 02:45:48.760
 They own the property and they can build what?

02:45:48.760 --> 02:45:55.240
 Within a number of units or within, I mean, have they gotten an approved design?

02:45:55.240 --> 02:45:57.720
 No, not at all.

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.

02:46:01.440 --> 02:46:04.920
 They could propose that, but we can say no, right?

02:46:04.920 --> 02:46:05.920
 It depends.

02:46:05.920 --> 02:46:08.560
 There is by right ability to build.

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

02:46:13.620 --> 02:46:14.620
 to P&Z.

02:46:14.620 --> 02:46:15.880
 It would not come to council.

02:46:15.880 --> 02:46:18.640
 They could just go file a plat and build.

02:46:18.640 --> 02:46:21.360
 That's an alternative to the discussion we're having tonight.

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

02:46:26.520 --> 02:46:28.000
 that they're proposing to build.

02:46:28.000 --> 02:46:33.540
 And then this body is recommending either an approval or a denial to city council.

02:46:33.540 --> 02:46:34.920
 For the increase in height.

02:46:34.920 --> 02:46:37.000
 That's correct.

02:46:37.000 --> 02:46:45.080
 The width of that buffer though is up to their discretion within what, 20 feet?

02:46:45.080 --> 02:46:46.480
 Is that what it sounded like?

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

02:46:53.480 --> 02:47:00.920
 for what width of buffer and what level of care for the people behind them.

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

02:47:07.160 --> 02:47:09.160
 concerned about themselves.

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

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.

02:47:24.960 --> 02:47:30.240
 It's not a legitimate choice, but that's what I don't understand.

02:47:30.240 --> 02:47:32.320
 Is that really what it is?

02:47:32.320 --> 02:47:39.320
 So there's no way this commission would know the alternative to Mr. Gold's point.

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

02:47:43.760 --> 02:47:44.760
 they're doing.

02:47:44.760 --> 02:47:49.200
 But they don't have to file if it's within a certain width, right?

02:47:49.200 --> 02:47:50.200
 And what is that width?

02:47:50.200 --> 02:47:52.320
 Do we know what that width is?

02:47:52.320 --> 02:47:54.600
 So Haley, can you just clarify?

02:47:54.600 --> 02:47:56.120
 It's that buffer that I care about.

02:47:56.120 --> 02:47:58.280
 Just the setback?

02:47:58.280 --> 02:48:02.800
 Sure, the minimum buffer width required by code between multifamily and single family

02:48:02.800 --> 02:48:04.000
 is 10 feet.

02:48:04.000 --> 02:48:05.000
 10 feet.

02:48:05.000 --> 02:48:06.000
 Correct.

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,

02:48:11.440 --> 02:48:12.440
 is that correct?

02:48:12.440 --> 02:48:13.440
 Correct.

02:48:13.440 --> 02:48:16.400
 If they brought the building within 50 feet of the single family zoning, they would have

02:48:16.400 --> 02:48:20.680
 a maximum height of 40 feet for that first 50 feet into their property.

02:48:20.680 --> 02:48:24.600
 And then above that, they could go beyond 40 with an S&P.

02:48:24.600 --> 02:48:28.120
 So they potentially could bring 40 feet to 10 feet of the property line.

02:48:28.120 --> 02:48:29.120
 Correct.

02:48:29.120 --> 02:48:30.120
 Yup.

02:48:30.120 --> 02:48:31.120
 That's what we don't know if they would do or not.

02:48:31.120 --> 02:48:34.120
 I mean, they could still do that now, right?

02:48:34.120 --> 02:48:35.120
 Correct.

02:48:35.120 --> 02:48:38.120
 I mean, I don't want to give them any ideas, but ...

02:48:38.120 --> 02:48:44.800
 That is a possibility, and I think that's the root of this discussion.

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

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

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

02:49:02.440 --> 02:49:09.720
 the backyards," and no privacy, and you've got the pools there.

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

02:49:15.460 --> 02:49:22.240
 they have right now, there really is no real choice, I think.

02:49:22.240 --> 02:49:23.240
 Thanks for clarifying for me.

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 ...

02:49:27.960 --> 02:49:28.960
 Understood.

02:49:28.960 --> 02:49:31.960
 I appreciate you being here.

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

02:49:37.040 --> 02:49:38.040
 for the record.

02:49:38.040 --> 02:49:39.040
 You have four minutes.

02:49:39.040 --> 02:49:40.040
 Good evening, everyone.

02:49:40.040 --> 02:49:41.040
 My name's Eric Robertson.

02:49:41.040 --> 02:49:44.760
 I'm at 2501 Shiloh Road.

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

02:49:49.680 --> 02:49:54.540
 stress that I think this special use permit is actually incompatible with the surrounding

02:49:54.540 --> 02:49:55.540
 area.

02:49:55.540 --> 02:49:59.280
 We've talked about the elderly care, the nursing home that's right behind us.

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

02:50:05.860 --> 02:50:10.320
 with the current area where we're at.

02:50:10.320 --> 02:50:14.960
 Secondly on that, they talked about renting to professionals, things like that.

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.

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

02:50:24.920 --> 02:50:29.240
 up on the top floor, right outside your backyard.

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

02:50:35.680 --> 02:50:38.720
 the fire access ... What do you call it?

02:50:38.720 --> 02:50:39.720
 I'm sorry.

02:50:39.720 --> 02:50:40.720
 Just a moment.

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

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

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

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.

02:51:02.640 --> 02:51:06.560
 Somebody there is going to get hurt when you start dumping 400 of your closest friends

02:51:06.560 --> 02:51:09.780
 in their backyard, and they have a difficult time walking.

02:51:09.780 --> 02:51:15.320
 Those residents routinely go around the Brookdale facility to get their exercise, and now you're

02:51:15.320 --> 02:51:18.600
 going to put that at risk with 400 people doing a possible egress.

02:51:18.600 --> 02:51:20.320
 I work for a major airline.

02:51:20.320 --> 02:51:23.040
 Every time we have an egress, somebody gets hurt.

02:51:23.040 --> 02:51:25.040
 Just know that.

02:51:25.040 --> 02:51:29.880
 The other thing we talked about were homeless camps.

02:51:29.880 --> 02:51:32.840
 I'm concerned about them doing their due diligence, keeping that clean.

02:51:32.840 --> 02:51:37.080
 I think enough's been said about that.

02:51:37.080 --> 02:51:41.720
 The noise, we had an issue with Bucky's coming in.

02:51:41.720 --> 02:51:44.560
 Bucky's stressed that they would take care of the noise, mitigate it.

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

02:51:48.960 --> 02:51:49.960
 did before.

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

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

02:51:58.560 --> 02:52:00.400
 to further that.

02:52:00.400 --> 02:52:06.640
 Having people, 234 families, and having them being able to look into your backyard, and

02:52:06.640 --> 02:52:12.240
 then having that area where they can just congregate right outside the boundary area,

02:52:12.240 --> 02:52:14.200
 it's going to further increase the noise.

02:52:14.200 --> 02:52:20.120
 Furthermore, I've lived in the area for 22 years since 1999, bought it.

02:52:20.120 --> 02:52:22.080
 It's been a great place to raise four kids.

02:52:22.080 --> 02:52:23.340
 It's been quiet.

02:52:23.340 --> 02:52:26.120
 It's been a very great neighborhood.

02:52:26.120 --> 02:52:29.200
 You're going to change the property value of our neighborhood by doing this.

02:52:29.200 --> 02:52:31.920
 Furthermore, if I wanted to go see animals, I would go to the zoo.

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.

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.

02:52:41.480 --> 02:52:43.800
 I'm going to just say enough about that.

02:52:43.800 --> 02:52:44.800
 That's all I have.

02:52:44.800 --> 02:52:45.800
 I appreciate your consideration.

02:52:45.800 --> 02:52:46.800
 I appreciate you being here.

02:52:46.800 --> 02:52:47.800
 I don't see any questions.

02:52:47.800 --> 02:52:48.800
 Thank you.

02:52:48.800 --> 02:52:58.720
 Stuart, do we still have individuals waiting on the phone to speak?

02:52:58.720 --> 02:53:23.440
 Yes, sir, I can send them in now.

02:53:23.440 --> 02:53:24.440
 Good evening.

02:53:24.440 --> 02:53:25.440
 You're with the Planning and Zoning Commission.

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.

02:53:32.760 --> 02:53:33.760
 Good evening.

02:53:33.760 --> 02:53:34.760
 You're with the Planning and Zoning Commission.

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

02:53:37.760 --> 02:53:38.760
 speak.

02:53:38.760 --> 02:53:39.760
 Hi.

02:53:39.760 --> 02:53:40.760
 Thank you.

02:53:40.760 --> 02:53:41.760
 I'm sorry.

02:53:41.760 --> 02:53:42.760
 I'm trying to mute this here.

02:53:42.760 --> 02:53:43.760
 I'm sorry.

02:53:43.760 --> 02:53:44.760
 This is Jeffrey Roman.

02:53:44.760 --> 02:53:45.760
 I'm also here with my wife, Kristen.

02:53:45.760 --> 02:53:51.000
 We live at 2420 Natchez Trace.

02:53:51.000 --> 02:53:57.440
 We're one of the properties that's right up behind this new development.

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

02:54:00.640 --> 02:54:01.920
 good points have been made here.

02:54:01.920 --> 02:54:05.480
 I don't see any point going back over every one of them.

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

02:54:09.000 --> 02:54:13.120
 mentioned and showed some income levels.

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,

02:54:19.520 --> 02:54:21.840
 turns out to just shy of $20,000.

02:54:21.840 --> 02:54:24.660
 And one of the lower thresholds that they had on there was $50,000.

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

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.

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

02:54:39.720 --> 02:54:40.760
 and who doesn't rent.

02:54:40.760 --> 02:54:45.920
 So while it sounded good that it's going to be professionals and medical personnel that

02:54:45.920 --> 02:54:50.660
 are living here, there's going to be no way for them to stereotype that.

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

02:54:53.840 --> 02:54:56.960
 of two-story houses that are along the fence line.

02:54:56.960 --> 02:55:00.820
 And every rendering that we saw only showed one-story houses.

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

02:55:05.160 --> 02:55:11.240
 that looks out, which happens to be my kids' bedrooms and their playroom upstairs, it poses

02:55:11.240 --> 02:55:19.280
 an even more of a noise and visual pollution to where we live.

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

02:55:23.680 --> 02:55:24.680
 now.

02:55:24.680 --> 02:55:27.840
 The lady that lived next to us lived here.

02:55:27.840 --> 02:55:32.920
 She built her house here and it said that there have been numerous ideas planned here

02:55:32.920 --> 02:55:35.800
 in the past and that none of them ever worked.

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,

02:55:39.640 --> 02:55:44.200
 I realize that this looks different and while the renderings look very, very nice on this,

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

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,

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

02:56:00.360 --> 02:56:01.360
 work.

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

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

02:56:13.020 --> 02:56:14.020
 thing.

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

02:56:18.080 --> 02:56:22.520
 have bought and live in this neighborhood, bought in here thinking that, I mean, this

02:56:22.520 --> 02:56:24.840
 is a huge green space behind our property.

02:56:24.840 --> 02:56:27.320
 There's not going to be anything that's ever developed here.

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

02:56:30.800 --> 02:56:31.800
 of years.

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

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

02:56:39.320 --> 02:56:45.840
 was a four-story apartment complex going up, you would hope that those that are voting

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

02:56:50.200 --> 02:56:55.800
 pollution, the possible crime that may come with an apartment complex and then just also

02:56:55.800 --> 02:56:57.240
 the decreased property values.

02:56:57.240 --> 02:57:02.040
 While I know the decreased property values don't affect the income that this particular

02:57:02.040 --> 02:57:06.880
 developer's going to have, I just ask you to take that into consideration.

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

02:57:11.200 --> 02:57:14.680
 housing units that are in the Southridge area.

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

02:57:19.000 --> 02:57:26.720
 in Denton and to wedge basically the only four-story building in this tiny little plot

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.

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

02:57:36.200 --> 02:57:37.400
 the right thing to do.

02:57:37.400 --> 02:57:41.980
 So I would just ask you to take that in consideration when you vote this evening.

02:57:41.980 --> 02:57:44.320
 And that's all I have.

02:57:44.320 --> 02:57:46.280
 I appreciate that, Mr. Roman.

02:57:46.280 --> 02:57:47.280
 Thank you for calling.

02:57:47.280 --> 02:57:48.280
 Thank you.

02:57:48.280 --> 02:58:15.560
 Stuart, can you send the next one through?

02:58:15.560 --> 02:58:16.560
 Good evening.

02:58:16.560 --> 02:58:17.560
 You're with the Planning and Zoning Commission.

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

02:58:20.480 --> 02:58:21.480
 speak.

02:58:21.480 --> 02:58:23.520
 And that's all I have.

02:58:23.520 --> 02:58:24.520
 Okay.

02:58:24.520 --> 02:58:25.520
 Thank you.

02:58:25.520 --> 02:58:26.520
 I appreciate that, Mr. Roman.

02:58:26.520 --> 02:58:27.520
 Thank you for calling.

02:58:27.520 --> 02:58:30.520
 You can begin already.

02:58:30.520 --> 02:58:32.080
 Hello?

02:58:32.080 --> 02:58:36.400
 Hello, you're with the Planning and Zoning Commission.

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.

02:58:41.880 --> 02:58:42.880
 Thank you.

02:58:42.880 --> 02:58:44.840
 My name is Ann Berry.

02:58:44.840 --> 02:58:49.120
 I'm at 2500 Natchez Trace.

02:58:49.120 --> 02:58:54.960
 My property backs directly to the proposed development.

02:58:54.960 --> 02:59:00.160
 There have been a lot of very excellent points made.

02:59:00.160 --> 02:59:05.360
 And I don't want to take up any more of your evening reiterating those.

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

02:59:13.320 --> 02:59:20.600
 heavy tree canopy is largely, if not 100%, made up of deciduous trees.

02:59:20.600 --> 02:59:28.480
 So while all the beautiful renderings that show what I believe is somewhat inaccurate

02:59:28.480 --> 02:59:37.620
 viewpoint of what the visual is going to be from these residents in the apartment into

02:59:37.620 --> 02:59:39.520
 our backyard and into our homes.

02:59:39.520 --> 02:59:45.240
 I have a two story home with two stories of uncovered windows.

02:59:45.240 --> 02:59:49.040
 And then also my view into their apartments.

02:59:49.040 --> 02:59:54.760
 Five months of the year, we are not full of leaves back there.

02:59:54.760 --> 03:00:01.040
 I know there's a tremendous difference to the noise pollution in my backyard just from

03:00:01.040 --> 03:00:07.400
 the existing retail and highway during the time of year that I have leaves versus when

03:00:07.400 --> 03:00:08.400
 I don't.

03:00:08.400 --> 03:00:11.120
 These buffer out a lot of that noise.

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

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

03:00:26.040 --> 03:00:32.760
 currently zoned for, that's going to dramatically decrease our quality of life.

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

03:00:40.560 --> 03:00:41.560
 be moving there.

03:00:41.560 --> 03:00:46.800
 I also believe that there's a huge safety concern for the residents of this development.

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

03:00:57.560 --> 03:00:59.240
 parking spaces listed.

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

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

03:01:12.280 --> 03:01:13.280
 buckies stoplight.

03:01:13.280 --> 03:01:18.560
 So that forces a much higher volume of traffic through there.

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

03:01:25.720 --> 03:01:32.440
 go from this new residents.

03:01:32.440 --> 03:01:33.440
 >> Thank you very much for calling in.

03:01:33.440 --> 03:01:41.360
 Stuart, can we pass the next one through?

03:01:41.360 --> 03:01:46.600
 >> Yes, I will pass him through right now.

03:01:46.600 --> 03:02:06.520
 >> Good evening, you're with the planning and zoning commission.

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.

03:02:10.640 --> 03:02:19.320
 >> Nathan, can you hear me?

03:02:19.320 --> 03:02:20.320
 >> We can.

03:02:20.320 --> 03:02:21.320
 >> Okay.

03:02:21.320 --> 03:02:22.320
 Awesome.

03:02:22.320 --> 03:02:28.440
 Well, there are six points the planning and zoning commission shall consider to approve

03:02:28.440 --> 03:02:31.960
 the permit that the developers are requesting.

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

03:02:37.840 --> 03:02:38.840
 six.

03:02:38.840 --> 03:02:44.200
 The first one mentions that the proposal has to be compatible with the surrounding area.

03:02:44.200 --> 03:02:50.280
 And this proposal is not compatible with our surrounding area, with our backyard.

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.

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

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.

03:03:10.600 --> 03:03:17.920
 So to me, you know, 60 foot turns into 65, 66, 67, you know, really quick.

03:03:17.920 --> 03:03:24.280
 And so it will really be -- really be concerned with privacy for our children.

03:03:24.280 --> 03:03:27.640
 We have three little boys.

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

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

03:03:42.680 --> 03:03:46.280
 in our backyard are not redwoods, they're just not a rainforest back there.

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

03:03:49.520 --> 03:03:53.600
 it, and even if they were, in the winter, you know, all the leaves are gone.

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

03:04:00.240 --> 03:04:05.600
 in the department complex looking straight down if it was that high.

03:04:05.600 --> 03:04:10.480
 The second one that I believe -- the second point that I believe that this is opposed

03:04:10.480 --> 03:04:18.680
 to is related to impacts associated with access, traffic, emergency services, utilities, parking

03:04:18.680 --> 03:04:25.200
 revenues, areas, noise, glare, and odor.

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

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

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.

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.

03:04:48.480 --> 03:04:53.240
 That exit on the freeway right there to exit to go to the Buc-Eats.

03:04:53.240 --> 03:04:58.840
 So is there any way the committee here could consider, you know, what would -- or traffic

03:04:58.840 --> 03:05:05.840
 study, what would that do to that intersection traffic-wise, and would that affect the freeway,

03:05:05.840 --> 03:05:13.000
 the entrance to the freeway -- or sorry, the exit from the freeway there, exiting to get

03:05:13.000 --> 03:05:14.000
 off to Buc-Eats?

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

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

03:05:23.080 --> 03:05:24.080
 Brinker light.

03:05:24.080 --> 03:05:30.320
 So there would be way more traffic there and a lot -- a lot of congestion.

03:05:30.320 --> 03:05:31.320
 Okay.

03:05:31.320 --> 03:05:36.480
 Another point I was going to mention is, you know, the developer, again, is really selling

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

03:05:42.640 --> 03:05:48.520
 mature group, and I appreciate the developer's aspiration and them trying to do that.

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

03:05:53.320 --> 03:05:54.320
 in the surrounding area.

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

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

03:06:08.280 --> 03:06:09.280
 living there.

03:06:09.280 --> 03:06:15.560
 To me, that doesn't seem that doable.

03:06:15.560 --> 03:06:19.560
 You know, you have -- you had mentioned -- I think they mentioned their rent was $11.50

03:06:19.560 --> 03:06:21.980
 for one bedroom, if I remember right.

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.

03:06:27.200 --> 03:06:33.240
 So it's very likely that college students will predominantly occupy this complex.

03:06:33.240 --> 03:06:40.520
 And with college students, comes the noise, comes the party -- partying, and this would

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

03:06:46.360 --> 03:06:48.560
 and partying.

03:06:48.560 --> 03:06:55.240
 You know, you know, just drug -- drug use, alcohol, all the things that take place.

03:06:55.240 --> 03:06:59.360
 And as many of you know, unfortunately, there have even been student -- apartment complexes

03:06:59.360 --> 03:07:05.840
 in the past few years, I think those in this meeting are aware of that.

03:07:05.840 --> 03:07:11.040
 And we're concerned for the safety of our children with that kind of atmosphere kind

03:07:11.040 --> 03:07:14.040
 of in our backyard.

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

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,

03:07:27.960 --> 03:07:30.340
 you know, doing different kinds of things.

03:07:30.340 --> 03:07:35.480
 So we're also concerned of that blowing into our -- into our house.

03:07:35.480 --> 03:07:41.200
 Yeah, that's pretty much all I have.

03:07:41.200 --> 03:07:42.200
 Thank you for your time.

03:07:42.200 --> 03:07:45.880
 >> Well, I certainly appreciate you taking time and waiting on hold so patiently to provide

03:07:45.880 --> 03:07:46.880
 us your perspective.

03:07:46.880 --> 03:07:47.880
 Thank you.

03:07:47.880 --> 03:07:48.880
 >> Thank you.

03:07:48.880 --> 03:07:52.920
 >> Stuart, is there any other callers?

03:07:52.920 --> 03:07:54.840
 >> That was our final caller.

03:07:54.840 --> 03:07:56.120
 >> Perfect.

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

03:08:01.840 --> 03:08:02.840
 to the record.

03:08:02.840 --> 03:08:11.640
 Misty Gold is opposed, Maureen Froshauer is opposed, Terry Froshauer is opposed, Bernice

03:08:11.640 --> 03:08:13.320
 Benford is opposed.

03:08:13.320 --> 03:08:18.580
 We also had nine comments emailed to all the commissioners the past couple of days and

03:08:18.580 --> 03:08:23.200
 all nine were opposed as well.

03:08:23.200 --> 03:08:24.200
 This is a public hearing.

03:08:24.200 --> 03:08:26.120
 Anyone wishing to speak may certainly do so.

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

03:08:30.320 --> 03:08:32.280
 for staff and the applicant.

03:08:32.280 --> 03:08:34.800
 >> Thank you, Chair.

03:08:34.800 --> 03:08:44.960
 Mr. Rivera, may I ask you a couple of questions real quick?

03:08:44.960 --> 03:08:45.960
 And Mr. Zao.

03:08:45.960 --> 03:08:46.960
 Zao, correct?

03:08:46.960 --> 03:08:47.960
 Right.

03:08:47.960 --> 03:08:51.840
 I have a question for you as well.

03:08:51.840 --> 03:08:56.440
 The fencing around the property, there's fencing completely enclosing the entire property,

03:08:56.440 --> 03:08:57.440
 is that correct?

03:08:57.440 --> 03:08:58.440
 >> Correct.

03:08:58.440 --> 03:09:05.680
 >> So the concerns about the possible transient population of those experiencing homelessness,

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,

03:09:15.200 --> 03:09:19.560
 so there's not walkways going through the property, there's no open areas unless they

03:09:19.560 --> 03:09:24.560
 were to swim through the detention pond or something like that?

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

03:09:29.920 --> 03:09:33.560
 fence there that we're proposing.

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.

03:09:40.640 --> 03:09:43.600
 So those two boundaries will be fenced.

03:09:43.600 --> 03:09:47.780
 We actually are not proposing a fence along the north.

03:09:47.780 --> 03:09:53.160
 There is a grade change on that north fire lane behind the retail.

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

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

03:10:02.800 --> 03:10:03.800
 there.

03:10:03.800 --> 03:10:05.800
 There might be a chain link on their side.

03:10:05.800 --> 03:10:09.840
 I'd have to look at our survey.

03:10:09.840 --> 03:10:15.780
 >> It still would separate, if there was concerns about there possibly being a transient population,

03:10:15.780 --> 03:10:21.600
 it would still separate the neighborhood from, if there was population there, but the population

03:10:21.600 --> 03:10:26.900
 is already back there as it is, and there's, yeah, okay, understood.

03:10:26.900 --> 03:10:27.900
 Thank you for that one.

03:10:27.900 --> 03:10:30.600
 I think that answers my question on that.

03:10:30.600 --> 03:10:37.000
 The Brookdale agreement, with the fire lane, emergency access only there, you speak to,

03:10:37.000 --> 03:10:40.560
 is there an official agreement with Brookdale on that in paper somewhere?

03:10:40.560 --> 03:10:45.560
 >> So they have a fire lane on their site plan that goes around their building.

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

03:10:49.920 --> 03:10:52.480
 property with a portion of their fire lane.

03:10:52.480 --> 03:11:00.160
 We have correspondence and calls with them that we've documented that say that the Brookdale

03:11:00.160 --> 03:11:04.800
 and their attorneys are okay with access provided with these conditions.

03:11:04.800 --> 03:11:09.000
 And some of those conditions are some monetary things that William and his team would have

03:11:09.000 --> 03:11:10.960
 to provide for in order to get the easement.

03:11:10.960 --> 03:11:16.700
 >> City staff, can I ask you a question about that?

03:11:16.700 --> 03:11:24.640
 And no offense, Mr. Rivera, but conversations, verbal agreements, written correspondence

03:11:24.640 --> 03:11:28.720
 don't sound like a contract to me.

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

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

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,

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,

03:11:49.200 --> 03:11:51.400
 owner's property, to get access to that property?

03:11:51.400 --> 03:11:52.400
 >> Sure.

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

03:11:56.800 --> 03:11:59.360
 the intent to have that second point of access.

03:11:59.360 --> 03:12:01.320
 The fire marshal did review that plan.

03:12:01.320 --> 03:12:05.480
 They agreed that it meets the minimums of the fire code.

03:12:05.480 --> 03:12:10.080
 So what we would typically expect is when some sort of offsite easement or cross-access

03:12:10.080 --> 03:12:15.080
 agreement is necessary that is provided to staff, fully executed and documented, the

03:12:15.080 --> 03:12:16.080
 filed recorded copies.

03:12:16.080 --> 03:12:17.080
 >> Before preliminary plot.

03:12:17.080 --> 03:12:18.080
 Okay.

03:12:18.080 --> 03:12:19.080
 Got you.

03:12:19.080 --> 03:12:20.080
 Awesome.

03:12:20.080 --> 03:12:21.080
 Awesome.

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

03:12:24.200 --> 03:12:25.200
 can move forward.

03:12:25.200 --> 03:12:26.560
 The constructing is even done.

03:12:26.560 --> 03:12:27.560
 >> Sure.

03:12:27.560 --> 03:12:28.560
 >> Understood.

03:12:28.560 --> 03:12:34.040
 Mr. Zal, I'll ask you your question, I'll come back to you, Mr. Rivera.

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

03:12:41.120 --> 03:12:44.240
 to the NCTC campus down there.

03:12:44.240 --> 03:12:50.320
 Any guess at how many North Central Texas college students are in your facility there?

03:12:50.320 --> 03:12:51.320
 Any idea whatsoever?

03:12:51.320 --> 03:12:52.320
 >> Yes.

03:12:52.320 --> 03:12:54.320
 I can tell you it's zero.

03:12:54.320 --> 03:12:55.320
 >> Zero?

03:12:55.320 --> 03:12:56.320
 >> Zero.

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

03:13:03.200 --> 03:13:09.200
 faculties, including the county sheriff, they're leaving our project.

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,

03:13:18.840 --> 03:13:22.040
 the currently a lot of people working from home.

03:13:22.040 --> 03:13:31.960
 So the comfortable living unit is very important to the faculty or professionals.

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

03:13:39.440 --> 03:13:42.680
 to Corinth and stay in our property in there.

03:13:42.680 --> 03:13:43.680
 >> Okay.

03:13:43.680 --> 03:13:48.040
 Last question, I think it goes to both of you guys.

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

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

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

03:14:06.720 --> 03:14:11.800
 the product that you want, Mr. Zao, and underneath the stipulations that engineering can provide

03:14:11.800 --> 03:14:15.000
 within the by right requirements of that zoning?

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

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

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,

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

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

03:14:38.080 --> 03:14:44.800
 with no approval or agreement from their input from the neighborhood surrounding it.

03:14:44.800 --> 03:14:53.280
 >> Let me answer in this question, even today with all the commissioners and the chairman,

03:14:53.280 --> 03:14:58.960
 if we do have your support, our job is not completed.

03:14:58.960 --> 03:15:05.160
 We were recording every day, every input we received tonight, we will continue communication

03:15:05.160 --> 03:15:08.680
 because we still need to go through the council for the final approval.

03:15:08.680 --> 03:15:09.680
 >> Sure.

03:15:09.680 --> 03:15:11.880
 >> And so we are not to be done in there.

03:15:11.880 --> 03:15:21.200
 And answer your question, with the current zoning requirement in this piece of land and

03:15:21.200 --> 03:15:29.340
 with the canopy coverage ratio requirement and the tree preservation requirement in there,

03:15:29.340 --> 03:15:35.280
 this piece of property will be vacant for the foreseeable future.

03:15:35.280 --> 03:15:41.840
 The reason for that is this kind of urban living is providing a compact footprint.

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

03:15:55.560 --> 03:15:56.720
 everybody.

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.

03:16:02.800 --> 03:16:10.200
 We need to have their understanding of communication, continue with them in there, and those component

03:16:10.200 --> 03:16:12.680
 has to be there.

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

03:16:20.520 --> 03:16:24.160
 know, kill all the trees on the site to do it.

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

03:16:30.960 --> 03:16:32.640
 extremely difficult.

03:16:32.640 --> 03:16:41.240
 And luckily, because we are in an economic booming situation, I think the construction

03:16:41.240 --> 03:16:42.240
 material is going up.

03:16:42.240 --> 03:16:48.120
 At the same time, the market can support a little bit better economic condition.

03:16:48.120 --> 03:16:51.760
 That's why making our product is possible today.

03:16:51.760 --> 03:16:52.760
 Thank you.

03:16:52.760 --> 03:16:53.760
 I hope I answered your question.

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

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

03:17:06.360 --> 03:17:09.560
 parked, okay, on six acres.

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

03:17:16.680 --> 03:17:22.160
 we're doing the structured garage with the four story.

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

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

03:17:33.280 --> 03:17:34.340
 or so.

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

03:17:38.300 --> 03:17:43.960
 similar kind of compare, they're both four stories, one's structured part, one's surface

03:17:43.960 --> 03:17:49.600
 part, but the footprint of impact is greater on the Corinth piece than this one.

03:17:49.600 --> 03:17:52.920
 I think the retail would go, for sure, would have to go.

03:17:52.920 --> 03:17:57.680
 >> But from an engineering standpoint, and from basically what it sounded like from Mr.

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

03:18:03.200 --> 03:18:06.800
 yes, there could be a project that would come out.

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

03:18:09.720 --> 03:18:12.640
 as high quality amenities to it.

03:18:12.640 --> 03:18:17.200
 Because we're offering those internal corridors, directly access into the structured garage

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

03:18:26.760 --> 03:18:27.760
 stretch it out.

03:18:27.760 --> 03:18:32.080
 >> Obviously not the same quality of product, but there would be a product?

03:18:32.080 --> 03:18:34.480
 >> There could be a product, yes, yes.

03:18:34.480 --> 03:18:35.480
 >> Okay.

03:18:35.480 --> 03:18:41.200
 That's all the questions I have for you, Chair.

03:18:41.200 --> 03:18:50.880
 >> Chairman, may I say, I think I want to present two, from the developer's standpoint

03:18:50.880 --> 03:18:51.880
 of view.

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

03:18:58.080 --> 03:19:01.600
 major highway, there's always a sound barrier.

03:19:01.600 --> 03:19:07.240
 And this building would be a sound barrier for our neighborhood, that's number one.

03:19:07.240 --> 03:19:15.880
 Number two, our new residents on this project, their recreation area is enclosed within the

03:19:15.880 --> 03:19:22.080
 building two, as you can see in the courtyard swimming pool area.

03:19:22.080 --> 03:19:30.640
 So those, quote-unquote, the residents create a new noise, that's not likely.

03:19:30.640 --> 03:19:39.520
 Third, within the building design code, our building cannot exceed the resident.

03:19:39.520 --> 03:19:46.520
 The building code requires our design is a 52 dB for the noise level.

03:19:46.520 --> 03:19:55.080
 So we specifically calculated from the highway, and so for the residents in our south neighborhood

03:19:55.080 --> 03:20:03.160
 here, likely this building will become a sound barrier for the residents in the south.

03:20:03.160 --> 03:20:08.920
 That's a few things I'd like to input in here.

03:20:08.920 --> 03:20:13.080
 Thank you.

03:20:13.080 --> 03:20:14.080
 >> Thank you.

03:20:14.080 --> 03:20:15.080
 This is a public hearing.

03:20:15.080 --> 03:20:16.080
 Anyone wishing to speak may certainly do so.

03:20:16.080 --> 03:20:17.080
 Is there anyone?

03:20:17.080 --> 03:20:18.080
 Yes, ma'am.

03:20:18.080 --> 03:20:31.240
 Evita, state your name and address for the record, you have four minutes.

03:20:31.240 --> 03:20:36.120
 >> My name is Lee Lyons, I live at 2516 Shiloh Road.

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

03:20:40.360 --> 03:20:42.980
 just hit me as I sat here.

03:20:42.980 --> 03:20:51.040
 The residents of that nursing home and assisted living, their families have chosen that place

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

03:20:57.680 --> 03:21:05.280
 to put an emergency access lane with sirens, lights, and all these things going off at

03:21:05.280 --> 03:21:08.040
 all hours of the night.

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

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.

03:21:17.840 --> 03:21:22.680
 You have no one that's written to you, as I understand, as you said that.

03:21:22.680 --> 03:21:24.240
 Everyone is in opposition to this.

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

03:21:29.280 --> 03:21:33.980
 neighbors came out and spent their time and those that called in, because this is obviously

03:21:33.980 --> 03:21:37.260
 very important to us, because this is where we live.

03:21:37.260 --> 03:21:41.740
 We are the property taxpayers that are here.

03:21:41.740 --> 03:21:42.740
 Thank you.

03:21:42.740 --> 03:21:43.740
 That's all I'll say.

03:21:43.740 --> 03:21:44.740
 I have a quick question.

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

03:21:48.580 --> 03:21:50.560
 care facility?

03:21:50.560 --> 03:21:57.000
 I believe with 232 multifamily units, that is a likely possibility.

03:21:57.000 --> 03:21:58.000
 I don't know.

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,

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

03:22:10.060 --> 03:22:16.280
 night parties, things that happen, I think that's a higher risk in an apartment community.

03:22:16.280 --> 03:22:17.280
 I agree.

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

03:22:21.800 --> 03:22:28.320
 awakened all the time for emergency calls at that elderly facility.

03:22:28.320 --> 03:22:30.360
 I just think it's something to think about.

03:22:30.360 --> 03:22:31.360
 I agree.

03:22:31.360 --> 03:22:32.360
 Thank you.

03:22:32.360 --> 03:22:33.360
 Thank you.

03:22:33.360 --> 03:22:34.360
 Anyone else wishing to speak?

03:22:34.360 --> 03:22:40.440
 Do you just state your name and address for the record?

03:22:40.440 --> 03:22:41.440
 Hi.

03:22:41.440 --> 03:22:43.440
 I'm Leah Robertson, 2501 Shiloh Road.

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.

03:22:51.440 --> 03:22:58.440
 Anyways, my concern is just the light coming through.

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

03:23:04.960 --> 03:23:10.800
 as possible, but the way our neighborhood is sloped, we still see Buc-E's.

03:23:10.800 --> 03:23:12.320
 It's just the nature of the business.

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,

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

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

03:23:31.740 --> 03:23:40.080
 in our back windows, and that's a concern, because it's just the noise.

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.

03:23:47.120 --> 03:23:48.480
 It's twice as loud.

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.

03:23:55.320 --> 03:23:58.320
 It's just not going to be good.

03:23:58.320 --> 03:24:01.840
 I hate that, because we're a real sought after neighborhood.

03:24:01.840 --> 03:24:11.600
 People love our neighborhood, because it's always been tucked away, and it makes it desirable.

03:24:11.600 --> 03:24:14.520
 It's going to lose that, so thank you.

03:24:14.520 --> 03:24:20.920
 Thank you.

03:24:20.920 --> 03:24:21.920
 Anyone else wishing to speak?

03:24:21.920 --> 03:24:25.720
 Okay, with that, I'm going to close the public hearing.

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.

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

03:24:37.200 --> 03:24:38.200
 individuals who ask.

03:24:38.200 --> 03:24:44.280
 Haley, you might have this first answer of what triggers a traffic study, if there was

03:24:44.280 --> 03:24:47.320
 one done, or if there will be one done.

03:24:47.320 --> 03:24:52.880
 Sure, so there are standard thresholds in the code for when a TIA is required.

03:24:52.880 --> 03:24:59.000
 However, there's also discretionary approval by the city engineer under certain circumstances.

03:24:59.000 --> 03:25:03.300
 In this instance, it was our city engineer's determination that because TxDOT has made

03:25:03.300 --> 03:25:07.720
 all of the improvements that could have possibly been requested of this applicant, that there

03:25:07.720 --> 03:25:09.240
 was no need for a TIA.

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,

03:25:15.760 --> 03:25:19.560
 so there was nothing additional that that study would help us learn about what needs

03:25:19.560 --> 03:25:22.320
 to be done in this area.

03:25:22.320 --> 03:25:27.000
 When it comes to traffic settings for multifamily, are those traffic studies based on units or

03:25:27.000 --> 03:25:28.000
 parking spots?

03:25:28.000 --> 03:25:30.080
 It is based on the number of units.

03:25:30.080 --> 03:25:31.600
 Okay, thank you.

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

03:25:36.880 --> 03:25:41.240
 Mr. Benford said he was confused about building dimensions.

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.

03:25:47.120 --> 03:25:48.120
 Benford?

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,

03:25:52.560 --> 03:25:54.560
 an actual footprint on the ground.

03:25:54.560 --> 03:25:55.560
 Gotcha.

03:25:55.560 --> 03:25:58.560
 Thank you very much.

03:25:58.560 --> 03:26:00.320
 Commissioner Ellis.

03:26:00.320 --> 03:26:01.320
 Thank you, Chair.

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

03:26:08.780 --> 03:26:10.400
 that we would want a TIA done?

03:26:10.400 --> 03:26:14.080
 Is there no other knowledge gained that the city would want to gain?

03:26:14.080 --> 03:26:15.080
 Sure.

03:26:15.080 --> 03:26:19.120
 So a TIA is typically done for the purpose of learning what sorts of perimeter street

03:26:19.120 --> 03:26:22.160
 improvements may be required, what sort of intersection improvements may be needed in

03:26:22.160 --> 03:26:25.760
 an area to offset the impacts of a particular development.

03:26:25.760 --> 03:26:28.040
 Right, and in this case, there are none because all the improvements...

03:26:28.040 --> 03:26:33.000
 And in this case, there were not identified that we could possibly need them to analyze.

03:26:33.000 --> 03:26:34.000
 Sure.

03:26:34.000 --> 03:26:37.480
 My question is, is there not anything else that we're going for as a city?

03:26:37.480 --> 03:26:40.000
 Is that literally the only reason we do a TIA?

03:26:40.000 --> 03:26:41.000
 Correct.

03:26:41.000 --> 03:26:44.120
 That is typically all we look for in a TIA.

03:26:44.120 --> 03:26:45.120
 Interesting.

03:26:45.120 --> 03:26:47.120
 Thank you.

03:26:47.120 --> 03:26:54.080
 Any other questions for staff or the applicant?

03:26:54.080 --> 03:27:00.000
 If not, Chair will entertain a motion.

03:27:00.000 --> 03:27:05.360
 No takers.

03:27:05.360 --> 03:27:07.400
 Commissioner Smith.

03:27:07.400 --> 03:27:16.000
 Well, Mr. Binford, you've got to get your answer to your question.

03:27:16.000 --> 03:27:17.000
 Have we...

03:27:17.000 --> 03:27:18.000
 You don't have to come up here.

03:27:18.000 --> 03:27:19.000
 I'm sorry.

03:27:19.000 --> 03:27:20.000
 I'm just using you as an example, Mr. Binford.

03:27:20.000 --> 03:27:21.000
 Sorry for the walk down.

03:27:21.000 --> 03:27:22.000
 Okay.

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,

03:27:30.520 --> 03:27:35.520
 it's impossible to make up our minds until we hear public comment.

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

03:27:40.880 --> 03:27:47.400
 up some really important pieces that are, I think, vital for us to consider.

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

03:27:51.840 --> 03:27:58.360
 asked of the applicant, that could a product be put here if this was not approved?

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

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

03:28:06.920 --> 03:28:08.520
 be feasible.

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

03:28:15.560 --> 03:28:17.080
 than likely would be a project.

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,

03:28:22.600 --> 03:28:25.800
 I'm going to make a motion to deny.

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

03:28:29.840 --> 03:28:32.800
 why I was going to make a motion to approve.

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

03:28:41.960 --> 03:28:47.480
 backup plan to build by right, that it would be worse for the neighborhood.

03:28:47.480 --> 03:28:54.020
 And therefore, we would need to approve this because it would protect you and your neighborhood.

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

03:28:58.880 --> 03:29:00.680
 would be coming to fruition.

03:29:00.680 --> 03:29:05.280
 Now being this is the Planning and Zoning Commission, City Council could hear this differently

03:29:05.280 --> 03:29:08.200
 but the applicant can still approve this.

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

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

03:29:17.360 --> 03:29:19.840
 in and be built to make a change to the neighborhood.

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.

03:29:25.400 --> 03:29:29.360
 So that is my motion.

03:29:29.360 --> 03:29:32.680
 We have a first for denial, Commissioner Ellis.

03:29:32.680 --> 03:29:33.680
 Thank you, Chair.

03:29:33.680 --> 03:29:36.560
 I will second and I will say a few words if I could, please.

03:29:36.560 --> 03:29:37.560
 Absolutely.

03:29:37.560 --> 03:29:41.000
 Thank you, everyone, for coming out and sharing your concerns.

03:29:41.000 --> 03:29:42.720
 The development looks lovely.

03:29:42.720 --> 03:29:44.080
 It really, really does.

03:29:44.080 --> 03:29:46.320
 I appreciate the presentation by the applicant.

03:29:46.320 --> 03:29:49.560
 I appreciate the detailed information from staff.

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.

03:29:53.320 --> 03:29:57.720
 And for me, the height is incompatible with the area.

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.

03:30:05.600 --> 03:30:09.720
 I question this lot being considered I-35 corridor.

03:30:09.720 --> 03:30:11.000
 It's recessed.

03:30:11.000 --> 03:30:13.280
 It's almost hidden away.

03:30:13.280 --> 03:30:18.920
 It really is more part of the residential feel off Lillian Miller, where it's located.

03:30:18.920 --> 03:30:21.920
 I understand multifamily can be built here by right.

03:30:21.920 --> 03:30:25.880
 I don't know if it will be feasible or not without the height increase.

03:30:25.880 --> 03:30:30.560
 But at least it would probably be less units.

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.

03:30:37.680 --> 03:30:40.360
 I think it's a good tool to have.

03:30:40.360 --> 03:30:45.280
 There's been some questionable developments in this area, in my opinion.

03:30:45.280 --> 03:30:49.520
 And it has negatively impacted property owners there.

03:30:49.520 --> 03:30:55.200
 I consider this request, this height increase request, would be another negative impact.

03:30:55.200 --> 03:30:57.560
 And that is why I will second to deny.

03:30:57.560 --> 03:31:00.780
 Thank you, Mr. Ellis.

03:31:00.780 --> 03:31:04.560
 We have a first and a second to deny discussion.

03:31:04.560 --> 03:31:06.600
 Commissioner Pruitt.

03:31:06.600 --> 03:31:07.600
 Yeah.

03:31:07.600 --> 03:31:16.240
 You know, this is one of those where there's things on both sides, right?

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

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

03:31:30.880 --> 03:31:36.400
 our code, to our treaty requirements, all the things that this body and council has

03:31:36.400 --> 03:31:41.400
 tried to put in place over the last two or three years and done so.

03:31:41.400 --> 03:31:48.840
 You know, I ran some numbers, and with the grade differential, this project with the

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?

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

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?

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

03:32:24.880 --> 03:32:34.240
 would be shorter, it would actually appear higher in the horizon, okay?

03:32:34.240 --> 03:32:39.520
 So would it develop, I don't know.

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

03:32:46.440 --> 03:32:54.160
 who wants to develop homes, making that harder makes housing more expensive over the rest

03:32:54.160 --> 03:32:55.160
 of the city.

03:32:55.160 --> 03:32:59.200
 So that's an effect.

03:32:59.200 --> 03:33:08.680
 So you know, I don't think I'm going to be supporting the denial.

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

03:33:14.080 --> 03:33:15.080
 to me.

03:33:15.080 --> 03:33:31.120
 I'm going to make a superseding motion over Commissioner Smith, but before that, to see

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.

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

03:33:44.120 --> 03:33:48.840
 to table passes, I will not actually have an actionable vote on this, which might please

03:33:48.840 --> 03:33:51.360
 some of you.

03:33:51.360 --> 03:33:55.720
 So to Commissioner Smith's point, he had a lot of similar points that I did.

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.

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

03:34:04.440 --> 03:34:06.080
 single item.

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

03:34:12.160 --> 03:34:16.760
 in here and consider a lot of components to a project.

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

03:34:22.880 --> 03:34:26.880
 our own perspective, our own neighborhood bias.

03:34:26.880 --> 03:34:30.920
 We have an obligation to listen to staff's recommendations, reports, their expertise

03:34:30.920 --> 03:34:34.840
 on the project, and we have an obligation to listen to the citizens on every project.

03:34:34.840 --> 03:34:42.680
 And so I think all those are valuable and perhaps none weightier than the other.

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

03:34:47.680 --> 03:34:51.160
 myself, there's a lot of things that I considered on this.

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

03:34:59.200 --> 03:35:00.200
 to be put on I-35.

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

03:35:06.600 --> 03:35:09.800
 in the City of Denton that parks full capacity on parking.

03:35:09.800 --> 03:35:15.280
 I've actually brought up a change in parking requirements for apartments to reduce the

03:35:15.280 --> 03:35:16.280
 requirements.

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

03:35:20.520 --> 03:35:21.520
 on units.

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.

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

03:35:30.220 --> 03:35:34.400
 put 200 cars dumping right onto a freeway.

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

03:35:39.160 --> 03:35:42.960
 problem if we can't get a light work on a text-out road.

03:35:42.960 --> 03:35:47.680
 I also consider many of you all brought up property value.

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

03:35:52.100 --> 03:35:57.560
 residential home was actually highest in communities with apartments in comparison to neighborhoods

03:35:57.560 --> 03:36:00.200
 with only single-family homes.

03:36:00.200 --> 03:36:05.400
 In addition, the study also noted in respect to earnings, among neighborhoods, higher household

03:36:05.400 --> 03:36:10.620
 earnings were associated with a higher share of apartment buildings."

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,

03:36:17.000 --> 03:36:19.600
 that this is going to negatively impact any of the property values.

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

03:36:22.400 --> 03:36:27.280
 going to increase their property taxes, but conversely, you were fearful of it diminishing

03:36:27.280 --> 03:36:29.160
 property taxes.

03:36:29.160 --> 03:36:32.660
 I don't think that to be the case, but time will tell.

03:36:32.660 --> 03:36:35.400
 Another item was not in my backyard, which I totally get.

03:36:35.400 --> 03:36:37.760
 I think it's the reason you're here.

03:36:37.760 --> 03:36:38.760
 It's your backyard.

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

03:36:43.520 --> 03:36:45.100
 house is Ryan Road.

03:36:45.100 --> 03:36:50.480
 And I voted to approve the first multi-family development, I believe, in South District

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

03:36:55.160 --> 03:36:57.040
 that I travel on multiple times a day.

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

03:37:02.560 --> 03:37:08.260
 close to my home, to understand the economics and what the city needs.

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

03:37:12.780 --> 03:37:18.200
 apartment market in Denton, but a product at this price point simply doesn't exist.

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

03:37:22.040 --> 03:37:28.480
 at this price point are moving to Frisco, Plano, Allen, because they have the discretionary

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

03:37:31.880 --> 03:37:34.520
 into the apartment quality that we currently have.

03:37:34.520 --> 03:37:42.020
 This product, both in quality, price point, access, simply does not exist in our city.

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.

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

03:37:51.720 --> 03:37:54.480
 discretionary income that could support our city.

03:37:54.480 --> 03:37:56.320
 I don't know how they feel about this project.

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.

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

03:38:04.960 --> 03:38:07.840
 to the project if it doesn't go through.

03:38:07.840 --> 03:38:09.480
 I don't know if there's a plan B or not.

03:38:09.480 --> 03:38:12.840
 It seemed like there was a difference of opinions on your own team about that.

03:38:12.840 --> 03:38:15.800
 You might want to square that one away.

03:38:15.800 --> 03:38:21.800
 But at the same time, in thinking about the need for the product and the alternative,

03:38:21.800 --> 03:38:25.160
 we heard some individuals worry about the campers on the site.

03:38:25.160 --> 03:38:30.980
 Well, as I think through that, who's monitoring any of the campers right now?

03:38:30.980 --> 03:38:34.600
 They had looked like a ton of cleanup from people that are currently right there, so

03:38:34.600 --> 03:38:41.480
 it seems like any project that could go through might actually mitigate some of the safety

03:38:41.480 --> 03:38:48.080
 issues that might be prevailing today worse than any project going in there.

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

03:38:52.960 --> 03:38:53.960
 of our city.

03:38:53.960 --> 03:38:56.080
 There's a lot of things in this.

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,

03:39:01.720 --> 03:39:05.520
 and I'm so sorry that it happens to be in the backyard.

03:39:05.520 --> 03:39:10.560
 But again, given all of the components, the things that I have to contemplate,

03:39:10.560 --> 03:39:13.880
 my personal opinion would be in support of this project.

03:39:13.880 --> 03:39:16.840
 I appreciate you listening to my soliloquy.

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.

03:39:24.920 --> 03:39:27.560
 >> Commissioner Smith.

03:39:27.560 --> 03:39:27.980
 >> I'll second.

03:39:27.980 --> 03:39:29.680
 >> Commissioner Ellis.

03:39:31.960 --> 03:39:32.880
 >> Thank you, Chair.

03:39:32.880 --> 03:39:33.680
 Can I ask why?

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.

03:39:42.160 --> 03:39:48.320
 >> With the promise to have further discussion in the neighborhood?

03:39:48.320 --> 03:39:50.200
 Or because there was a deny vote?

03:39:50.200 --> 03:39:51.200
 >> Can I have a comment on that?

03:39:51.200 --> 03:39:58.560
 >> Yep.

03:39:58.560 --> 03:40:01.560
 So it seems like they wanted to bring back maybe options.

03:40:01.560 --> 03:40:05.320
 And Mr. Rivera, can you maybe provide context of the request?

03:40:05.320 --> 03:40:14.320
 >> Thank you, Chairman.

03:40:14.320 --> 03:40:20.360
 Yes, as I mentioned earlier, thank you.

03:40:20.360 --> 03:40:24.560
 As I mentioned earlier, our work is not completed.

03:40:24.560 --> 03:40:28.840
 We continue to want to be a sensitive neighbor.

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.

03:40:38.800 --> 03:40:41.040
 But we want to be a good product.

03:40:41.040 --> 03:40:42.200
 We want to be a good neighbor.

03:40:42.200 --> 03:40:48.080
 If we cannot do this project in this high density,

03:40:48.080 --> 03:40:56.200
 I think it will be significantly impact the amenity we can offer

03:40:56.200 --> 03:41:05.920
 to attracting the labor force, as Chairman just mentioned, to stay in the city of Denton.

03:41:05.920 --> 03:41:08.680
 Another thing about the traffic situation.

03:41:08.680 --> 03:41:13.640
 I personally am sitting on the regional transportation council member.

03:41:13.640 --> 03:41:15.960
 I'm representing the city of Dallas.

03:41:15.960 --> 03:41:23.800
 There is highway 35, phase two expansion from 635 all the way to Denton.

03:41:23.800 --> 03:41:27.000
 >> Mr. Town, I appreciate the input on the traffic.

03:41:27.000 --> 03:41:30.040
 Really just want to know the context for the request for the table and

03:41:30.040 --> 03:41:32.840
 not necessarily on the outstanding points of this evening.

03:41:32.840 --> 03:41:39.320
 >> Yeah, we'd like to have a continued opportunity to discuss with the neighborhood in there.

03:41:39.320 --> 03:41:43.880
 And we went through two times the homeowner association.

03:41:43.880 --> 03:41:49.200
 And with receiving the notice yesterday and today,

03:41:49.200 --> 03:41:52.600
 we feel like we didn't do a good job in that aspect in there.

03:41:52.600 --> 03:41:58.000
 So, we'd like to have a further opportunity to communicate with our neighbors and

03:41:58.000 --> 03:42:05.240
 see what we can providing a solution about their concerns in there.

03:42:05.240 --> 03:42:10.080
 >> So, if we are to pass a table, you are going to host another neighborhood meeting.

03:42:10.080 --> 03:42:11.120
 Do I understand that correctly?

03:42:11.120 --> 03:42:11.960
 >> Yes, that's correct.

03:42:11.960 --> 03:42:13.480
 >> Okay.

03:42:13.480 --> 03:42:14.120
 >> To Mr. Smith.

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

03:42:21.960 --> 03:42:25.680
 items you think you heard tonight that you could address in that neighborhood meeting

03:42:25.680 --> 03:42:28.560
 that might make a difference to those that are here in the room.

03:42:28.560 --> 03:42:31.240
 Maybe even warrant the need for a table.

03:42:31.240 --> 03:42:37.760
 >> Yeah, I think first of all, I want to say we as a developer,

03:42:37.760 --> 03:42:44.680
 what we have promised Haiti to do, we only have three or 5% deviation.

03:42:44.680 --> 03:42:47.440
 We cannot deviate from that part of it.

03:42:47.440 --> 03:42:52.360
 Secondly, about the trees, the visual issue,

03:42:52.360 --> 03:42:58.320
 we can provide insert more trees in the void area.

03:42:58.320 --> 03:42:59.760
 That's what we can do.

03:42:59.760 --> 03:43:04.080
 But as far as there are so many component, for

03:43:04.080 --> 03:43:09.040
 instance, the fence, that's what we proposed.

03:43:09.040 --> 03:43:15.440
 Those still need to go through the neighborhood, ask them their blessing about this.

03:43:15.440 --> 03:43:20.400
 Because that's what I try to say, our work is not completed.

03:43:20.400 --> 03:43:24.680
 We still need to continually have a communication with them.

03:43:24.680 --> 03:43:31.880
 And that's our intention, this work has to be completed.

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.

03:43:41.840 --> 03:43:45.720
 And this is a continued work with the neighborhood in there.

03:43:45.720 --> 03:43:47.680
 As I said in the very beginning,

03:43:47.680 --> 03:43:54.320
 I was instructing our team in there is let's address whatever our neighbors concerned.

03:43:54.320 --> 03:43:56.240
 I am a homeowner too.

03:43:56.240 --> 03:44:02.040
 And I understanding the sentimental component of this stuff in there.

03:44:02.040 --> 03:44:07.600
 So we're gonna do as much as we can to mitigate the situation.

03:44:07.600 --> 03:44:15.000
 Secondly, if they allow us, we can go into improving the window setting,

03:44:15.000 --> 03:44:18.680
 everything like that, to mitigating their concern.

03:44:18.680 --> 03:44:25.040
 And truly, we are doing from our scientific way,

03:44:25.040 --> 03:44:30.760
 we can visualize the potential we cannot projecting when the winter time which trees.

03:44:30.760 --> 03:44:34.600
 And we have a tree survey showing certain trees are evergreen,

03:44:34.600 --> 03:44:36.160
 certain trees are not a good tree.

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

03:44:42.000 --> 03:44:49.160
 even the homeowner allows within planning in their backyard if they allow us to do that.

03:44:49.160 --> 03:44:54.040
 Those are the component we it's in our consideration.

03:44:54.040 --> 03:44:57.400
 But it's again, that's what I mentioned, it's a conversation,

03:44:57.400 --> 03:45:01.800
 continued conversation with our neighborhood to continue to talk about this in there.

03:45:04.760 --> 03:45:09.440
 >> And furthermore with continued outreach to the neighbors, which is important,

03:45:09.440 --> 03:45:13.600
 like William saying for fencing and landscaping and other impacts.

03:45:13.600 --> 03:45:20.840
 While I believe it's feasible to fit 234 units on this property.

03:45:20.840 --> 03:45:25.680
 I wanna analyze that plan B, like what that would really look like.

03:45:25.680 --> 03:45:29.480
 But William and I have to have a discussion, would that even work?

03:45:29.480 --> 03:45:31.840
 We took out the retail, if we took out some amenities.

03:45:31.840 --> 03:45:37.120
 Does this even work for him and his partners on the property?

03:45:37.120 --> 03:45:40.760
 So I wanted to take some time to really drill down into that.

03:45:40.760 --> 03:45:43.240
 >> Yeah, and I think that's the reason why I would support a table,

03:45:43.240 --> 03:45:45.480
 even though I was the one that made the motion for denial on this.

03:45:45.480 --> 03:45:50.040
 Is that the risk that I run in making a motion to deny and

03:45:50.040 --> 03:45:55.440
 it possibly passing on this commission and the council agreeing with us on that denial.

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.

03:46:00.240 --> 03:46:03.040
 Because that motion to deny came from my understanding and

03:46:03.040 --> 03:46:05.160
 my expectation from what I heard from you.

03:46:05.160 --> 03:46:09.720
 That a plan B wasn't exactly, didn't sound like totally feasible.

03:46:09.720 --> 03:46:11.720
 And so therefore, it remained vacant.

03:46:11.720 --> 03:46:14.640
 Well, the risk I run then is that you do find it being feasible.

03:46:14.640 --> 03:46:16.160
 You do develop it.

03:46:16.160 --> 03:46:18.120
 And I just screwed over an entire neighborhood.

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,

03:46:23.520 --> 03:46:27.040
 that is feasible, that the investor would go through with, if we deny it.

03:46:27.040 --> 03:46:30.200
 Then I understand where the protection comes in on this.

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.

03:46:34.960 --> 03:46:38.600
 >> Right, we need to be looking at further, so I appreciate that input.

03:46:38.600 --> 03:46:39.600
 >> Okay, I understand.

03:46:39.600 --> 03:46:41.100
 Thank you.

03:46:41.100 --> 03:46:45.320
 >> Commissioner Smith, would you be open to a friendly amendment to table to a date indefinite?

03:46:45.320 --> 03:46:47.560
 >> Yes, I would be.

03:46:47.560 --> 03:46:52.120
 >> Okay, Commissioner Smith, I mean, Commissioner Pruitt, sorry.

03:46:52.120 --> 03:46:52.640
 >> Thank you, Chair.

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.

03:47:03.680 --> 03:47:10.480
 I understand that there's perhaps a fear that this would not pass and

03:47:10.480 --> 03:47:14.840
 that then it would delay things even further to go back to the drawing board.

03:47:14.840 --> 03:47:21.520
 I'll just say that we've seen projects come before this body before.

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,

03:47:30.000 --> 03:47:33.560
 the project has been made worse.

03:47:33.560 --> 03:47:38.160
 So I think I support the project as is.

03:47:38.160 --> 03:47:44.440
 If it comes back, providing fewer housing units and

03:47:44.440 --> 03:47:51.760
 lots of concessions that may impact a few dozen nearby homeowners but

03:47:51.760 --> 03:47:57.920
 will not help future residents of Denton, I would have a harder time supporting that.

03:47:57.920 --> 03:48:06.520
 >> So we have a first and a second to the table indefinitely.

03:48:06.520 --> 03:48:07.600
 Is there any other discussions?

03:48:07.600 --> 03:48:12.960
 Okay, since this is a superseding motion,

03:48:12.960 --> 03:48:16.360
 we'll go ahead and vote for the table to a date indefinite first.

03:48:21.760 --> 03:48:30.000
 That motion carries for two.

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.

03:48:35.720 --> 03:48:40.520
 I appreciate everyone staying up late and being out here tonight and providing your perspective.

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.

03:48:52.280 --> 03:48:56.760
 >> Haley, will you take the floor with any updates?

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.

03:49:07.280 --> 03:49:14.480
 You may remember the single lot rezoning on Robertson Street that came before you all recently.

03:49:14.480 --> 03:49:19.080
 That was actually remanded back to this body by a council.

03:49:19.080 --> 03:49:23.000
 They're interested in a mixed use neighborhood zoning on that property.

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.

03:49:27.960 --> 03:49:34.720
 The Denton Commerce Center Zoning and Comp Plan Amendment were both approved.

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.

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.

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.

03:49:50.680 --> 03:49:54.280
 But those are all our council updates at this time.

03:49:54.280 --> 03:49:57.080
 >> Fantastic, thanks Haley.

03:49:57.080 --> 03:49:59.240
 Commissioner Pruitt.

03:49:59.240 --> 03:50:03.320
 >> Yeah, just a question.

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.

03:50:11.480 --> 03:50:12.680
 >> Commissioner Pruitt, just one second.

03:50:12.680 --> 03:50:15.600
 >> I'm sorry. >> If we could have the room cleared for discussions.

03:50:16.760 --> 03:50:22.840
 Mr. Tao, can we take the conversations out of chambers?

03:50:22.840 --> 03:50:26.440
 Can you just move the conversation out of chambers?

03:50:26.440 --> 03:50:28.640
 There's this little, it's okay, it's just hard to hear.

03:50:28.640 --> 03:50:32.840
 I apologize, Commissioner Pruitt, I could not hear you.

03:50:32.840 --> 03:50:35.280
 >> Thank you, Chair.

03:50:35.280 --> 03:50:41.800
 I believe there's an already existing item about green belt corridors on our matrix.

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.

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.

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.

03:51:12.720 --> 03:51:18.520
 I would just appreciate understanding what the rationale is for the current requirements or

03:51:18.520 --> 03:51:24.280
 the current processes in those places to be able to evaluate these projects better.

03:51:24.280 --> 03:51:28.680
 >> Sure, so just a couple of pieces to that.

03:51:28.680 --> 03:51:31.000
 I believe, I don't know the date exactly.

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.

03:51:35.920 --> 03:51:40.520
 If that's okay, we can put those discussions at that date.

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.

03:51:45.520 --> 03:51:48.920
 So we should keep an eye on that as well and see what happens there.

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.

03:51:55.680 --> 03:51:56.680
 >> Yeah, that would be great.

03:51:56.680 --> 03:51:58.840
 I think that's appropriate to keep it in that boot camp.

03:51:58.840 --> 03:52:00.800
 Thank you. >> All right, perfect.

03:52:00.800 --> 03:52:01.400
 >> Commissioner McDade.

03:52:01.400 --> 03:52:04.200
 >> Mic on.

03:52:05.920 --> 03:52:10.840
 You mentioned the property on Robertson was coming back before the P&Z.

03:52:10.840 --> 03:52:13.440
 Do you know the reason why?

03:52:13.440 --> 03:52:16.560
 You may have said it, but I couldn't hear you.

03:52:16.560 --> 03:52:21.560
 >> Sure, so the council, I would say a handful of members of council were

03:52:21.560 --> 03:52:26.200
 interested in that property having a mixed use zoning instead of strictly residential.

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

03:52:33.200 --> 03:52:37.920
 you all to consider mixed use neighborhood zoning instead of residential six.

03:52:37.920 --> 03:52:38.840
 So. >> All right, thank you.

03:52:38.840 --> 03:52:41.400
 >> Anyone else?

03:52:41.400 --> 03:52:44.880
 Well, my final moment's here, guys.

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.

03:52:49.800 --> 03:52:53.800
 I couldn't have planned it better.

03:52:53.800 --> 03:52:55.880
 Thank you for that.

03:52:55.880 --> 03:52:57.360
 In all seriousness, it's been fun.

03:52:57.360 --> 03:52:59.240
 I've enjoyed my time.

03:52:59.240 --> 03:53:01.000
 I wish you all the best.

03:53:01.000 --> 03:53:02.680
 Vice Chair Ellis, have fun.

03:53:02.680 --> 03:53:03.800
 Don't be too hard on people.

03:53:03.800 --> 03:53:11.200
 But and to the new commissioners, thank you for your sacrifice that you already have

03:53:11.200 --> 03:53:14.840
 committed and however long you commit to it, we appreciate it as a city.

03:53:14.840 --> 03:53:17.880
 Now that I'm just a normal citizen, I really appreciate your service.

03:53:17.880 --> 03:53:19.720
 Commissioner Smith, Commissioner Cole as well.

03:53:19.720 --> 03:53:21.120
 Thank you, staff.

03:53:21.120 --> 03:53:21.800
 You all are awesome.

03:53:21.800 --> 03:53:23.840
 Best of luck to you.

03:53:23.840 --> 03:53:26.800
 Commissioner Ellis.

03:53:26.800 --> 03:53:28.200
 >> Can I just say thank you?

03:53:28.200 --> 03:53:32.080
 It has been a sincere pleasure literally serving with you all these years.

03:53:32.080 --> 03:53:33.800
 So thanks for your service.

03:53:33.800 --> 03:53:35.000
 Thanks for your leadership.

03:53:35.000 --> 03:53:40.800
 You've done quite well and you've made this board better, so thank you much.

03:53:40.800 --> 03:53:41.300
 >> Appreciate that.

03:53:41.300 --> 03:53:46.320
 All right, seeing no other items to discuss, I'll close the meeting at 916.

03:53:46.320 --> 03:53:46.820
 Thank you.