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 Good afternoon and welcome to the City of Denton Planning and Zoning Commission meeting

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 for Wednesday, August 18th, 2021.

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 This is our work session and with the quorum present, I will call us to order at 437.

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 First work session item is citizen comment on consent agenda.

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 Stuart, do we have any callers for this?

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 There are no callers for this.

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 Okay.

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 Thank you.

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 Let's move on to work session reports.

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 Let's receive a report and hold a discussion regarding general topics in zoning.

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 Is that Julie?

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 It is Julie.

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 Good evening.

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 Keep it on?

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 Okay.

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 All right.

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 Good evening.

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 I am Julie Wyatt, senior planner with the City of Denton and I am sharing my screen and

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 we're going to talk about our zoning boot camp tonight.

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 So this is a continuation of our boot camp series regarding just general planning topics

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 and just an overview of how they relate to the Denton Development Code.

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 Tonight we're going to be talking about zoning.

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 Brief agenda, we're going to talk about the history, the types of zoning, those zoning

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 processes in Denton, some other topics and then some helpful links.

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 So first we want to talk about is the time before zoning.

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 So zoning is relatively new and cities developed before we had zoning.

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 If you've been to Europe, you might have been to a medieval town where you saw, built

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 on a hillside and saw how the structure of that city, how that city was formed.

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 If you've been to New York, you've probably seen how the parts of that city were developed.

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 We've got a picture here of the City of Denton.

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 A lot of the downtown core of Denton was developed before we had zoning.

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 And then we have a picture of our most famous city that doesn't have zoning in Texas and

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 that is Houston.

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 Houston does not have zoning.

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 They do all of their land use planning by deed restriction.

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 So there was a time before zoning.

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 But in 1916, the equitable building at 120 Broadway was built in Manhattan and it was

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 38 stories and it cast a shadow.

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 Here is a picture of what that building looks like today.

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 At that time, New York attempted to address concerns related to light, air and congestion.

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 And so they enacted regulations that regulated height and bulk and use and then lot coverage.

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 So that was really their original zoning.

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 It included three districts.

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 That was residential, business and unrestricted.

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 And if you've read our 472-page Denton Development Code, this one was only 14 pages long.

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 So it was pretty easy to read compared to today's codes.

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 In 1926, the federal government got involved and they, the Department of Commerce granted

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 powers to divide cities into districts and that was the Standard State Zoning Enabling

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 Act and that it also allowed states to allow cities to establish zoning commissions and

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 amendment procedures.

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 And that was for the purpose of promoting health, safety, morals and the general welfare.

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 So you hear that phrase a lot and that's really kind of where it started.

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 That zoning was tested in 1926 with the Village of Euclid versus Ambler Realty Company.

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 This was a landmark Supreme Court case.

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 The zoning ordinance in question was to prevent commercial and industrial development on 68

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 acres.

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 They wanted it zoned residential.

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 The owners claimed that it reduced their land value and so it went all the way to the Supreme

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 Court and the Supreme Court did decide that zoning was a valid exercise of police power

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 to separate intensive uses from less intensive uses and that opinion stated that a nuisance

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 may be merely the right thing in the wrong place like a pig in the parlor instead of

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 the barnyard.

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 So now we get into what is zoning.

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 So we've talked about, we've talked about times before zoning and we talked about the

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 origin story for zoning and now kind of what is it.

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 So as I was preparing this presentation, I was trying to think of the elevator speech

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 attached to zoning.

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 What is it?

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 How would you describe it in 30 seconds?

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 So I said, you know, it divides a city into different areas set aside for different purposes.

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 It restricts their use of private property and essentially it's what a property owner

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 can do where and how much, but more probably more professionally it is a police power.

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 It is the right of a community to regulate the activities of private parties to protect

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 the interests of the public and that's where we get that health, safety and public welfare,

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 that phrase.

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 Your zoning reflects the values of the community and it implements your comprehensive plan,

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 but there's tension, there's tension between those private property rights as well as those

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 public interests.

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 So you have to balance that tension between those two things.

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 And as part of that, one phrase that you might have heard is something called a taking.

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 A taking deprives a property owner of all reasonable use of property without compensation.

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 And so what really essentially that those restrictions can't be so restrictive that

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 you have, that it deprives all reasonable use of the property and that cases, Mac could

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 probably talk much better than I can, but the Supreme Court has had cases go before

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 and regarding that taking and that reasonable use.

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 You know, as zoning is applied, it really contains two parts.

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 We have our text and we have our map.

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 The text establishes those districts, development standards, maybe how tall a building can be

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 or how much lot coverage or what sorts of uses would be allowed in a general area.

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 And then that map establishes the location of those districts.

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 So all of these images on your screen are different zoning codes within the state of

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 Texas.

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 So we have our Denton Development Code, but every municipality has a different type of

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 code.

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 Some of them are more kind of just text based, some are more visual.

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 Here this Lubbock has a lot of pictures in their zoning code.

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 Yours has a series of graphics and exhibits as well as tables and text.

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 And then we have those maps.

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 So those maps relate to those, that text by saying where each of those colors on the map

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 represents a different zoning district.

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 So that's how you can apply those two together.

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 Zoning in Texas, our Texas Local Government Code does speak to zoning.

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 It's in section or section 211.

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 And generally municipalities do have the authority to enact zoning and that is to promote the

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 health, safety, morals and general welfare, there it is again.

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 And it allows that governing body to regulate height, the number of stories, the size of

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 buildings, the percentage of the lot that may be occupied, size of yards or open space,

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 density and use of property.

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 And cities aren't required to adopt a comprehensive plan, but they do have to determine the consistency

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 with which their zoning applies to that comprehensive plan.

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 So those two things should relate and you should have processes in your code to determine

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 how much those should relate.

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 Section 211 also includes procedures.

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 One thing that we talk about a lot is notification.

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 When you request to rezone a piece of property, the public needs to be notified of that request.

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 The Texas Local Government Code has two notification procedures.

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 One, an item has to be published in the newspaper and what the Texas Local Government Code says

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 is it has to be the day before the day before 15 days prior to the meeting.

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 So essentially what that means is 17 days before the city council meeting, it's got

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 to be published in the newspaper, that request.

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 And then a mailing has to go out to property owners within 200 feet of the request and

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 it says the day before the day before, 10 days before P&Z, so 12 days before planning

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 and zoning, a mailing has to be noticed.

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 Now the City of Denton has additional notification.

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 We do do a newspaper notice for the Planning and Zoning Commission as well.

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 We also require the applicant to put signs on the property.

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 We send postcards to residents within 500 feet of the request and we also put it on

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 our website.

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 So we do above and beyond what the state of Texas requires as a minimum.

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 Zoning – rezoning of a property does require two public hearings.

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 The Planning and Zoning Commission provides that recommendation and then City Council

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 approves or denies it.

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 And then something that comes up from time to time is that supermajority provision.

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 So property owners within 200 feet of the request are noticed of that request.

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 And if written protest is filed by at least 20 percent of the area of the lots or land

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 within that 200 feet, then a supermajority is required and that's six out of seven

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 council members.

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 Also if P&Z recommends denial, a supermajority is required.

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 So let's see how zoning evolved in Denton.

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 I think probably some of you have seen these maps before because I like to drag them out

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 from time to time.

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 Originally zoning started in Denton in about – in 1935.

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 That really was just sort of the hint of zoning.

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 It really got started in earnest in 1941 and we adopted a zoning code as well as a zoning

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 map.

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 It included three districts – business, manufacturing and dwelling districts and you

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 can see that zoning map here.

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 Denton was a bit smaller then, but this was that zoning map in 1941.

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 There was a new code in 1959.

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 The best I can do as far as a zoning map near that 1959 code is this 1957 map.

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 Once again it retained those same three districts – the business, the manufacturing and the

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 dwelling.

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 Denton was a little bit bigger then, but it did maintain those districts.

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 A new code was adopted in 1969 and that really further separated the uses.

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 So we got to that zoning code that was a little more familiar to us.

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 It brought in things like office districts.

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 It differentiated the lot sizes for residential.

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 So you had 10,000 square foot lot zones or 7,000 square foot lot zones.

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 So it started further differentiating what those zoning districts should be.

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 In 1991 we adopted another code, and that was similar to the 1969 code.

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 So it really was kind of a continuation of those districts and those uses.

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 And the one we're all familiar with and that's the 2002 code.

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 The 2002 code was a result of our comprehensive planning efforts at the end of the 1990s.

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 It really introduced something new to Denton and that was mixed use districts.

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 So it included, if you remember, the NRMU, NRMU 12, our downtown districts.

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 So it started looking at those districts in kind of a more modern way and then that's

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 that mix of potential uses.

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 And that gets us to the 2019 Denton Development Code.

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 We maintained that mixed use districts and sort of built upon that.

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 We further differentiated our mixed use districts into kind of residential and then mixed use

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 corridor and then other districts.

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 So we sort of provide that organizational framework for those mixed use districts.

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 But we maintain kind of that theoretical model.

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 So now we're going to talk about zoning types.

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 So there are several types of zoning.

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 The most probably the one everyone is familiar with is called Euclidean zoning.

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 It is that use-based zoning, kind of more traditional.

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 It is based on that idea that some land uses should be separated.

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 So for instance, factories should not be built next to elementary schools or neighborhoods.

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 And then as we discussed, those early zoning models followed really those three zones,

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 the residential, commercial, industrial, sort of just broadly separated them in that manner.

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 Like Denton, those zones continue to further subdivide, separating different residential

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 uses and different commercial uses.

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 And it really has contributed to the form of our cities.

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 And our cities really reflect how those zoning trends move forward in the 20th century.

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 Form-based code, that's something we've been talking a lot about as a city.

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 I think council has been talking about it.

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 Form-based, a pure form-based code does not regulate use, it does not say what use can

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 go where.

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 But it does establish that building envelope, where in a lot a building can be set.

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 So it gives setbacks, heights, build two lines often in a form-based code.

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 You don't want parking between a building and a street, you want to pull those buildings

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 up to the front because it really is focused on that urban design standard and really defining

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 that street wall.

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 It can include design elements, things like building orientations, so oriented toward

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 the street.

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 Think of walkable developments that you've been in, percentages of windows and doors,

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 design elements like building materials, sidewalk widths and landscaping.

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 It can result in higher densities because it doesn't regulate use, it really doesn't

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 regulate density, it really looks at that form of that building.

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 And it's based on transects.

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 So on your screen here, those transects go from one to six, the natural zone being agricultural

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 area, kind of out agriculture, no real development.

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 And further intensifies it until you get to transect six, which is your urban core, so

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 think of the square.

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 So you can think of Denton and all those transects and how development changes when you go from

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 the outside of the city and then getting into the city.

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 Denton has elements of form-based code in our design standards and our overlay districts.

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 We do have design standards that really, some design standards that follow that form-based

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 model.

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 Another zoning type is plan developments.

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 It's something we've talked about quite a bit here recently.

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 We've seen quite a few of them.

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 They're new, and I put that in quotation marks, they're new to Denton in 2019 because they

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 were in our older codes, they were removed from the 2002 code in their back.

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 It does provide flexibility.

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 It allows a unified development concept that may not conform to our standard zoning.

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 But there should be offsets.

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 It's often something is offered for increased flexibility, but there's something about that

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 development that is either increased development quality or some sort of community benefit.

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 So there are offsets associated with PDs.

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 They can include a mix of uses.

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 We've seen purely residential PDs come before the Planning and Zoning Commission, and we've

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 seen purely commercial or industrial PDs, and it can also include a mix of uses.

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 So it really is very broad-based, incredibly flexible.

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 And then development plan can be phased.

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 There's usually a site plan or a map associated with it, and there can be phasing associated

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 with it.

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 One term that we talk about a lot in the Planning Department is rational nexus.

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 And when we're looking at these plan developments or in some other projects like SUPs, conditions

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 or provisions associated with that have to have a reasonable connection to that development

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 impact.

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 So for instance, you would have an additional tree buffer in order to minimize glare, or

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 you may have additional screening at the right-of-way because of a larger parking lot, something

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 to that effect.

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00:16:57,000 --> 00:17:03,720
 It's got to have a rational basis for that request.

237
00:17:03,720 --> 00:17:07,240
 This is often also related to impact fees or other exactions.

238
00:17:07,240 --> 00:17:12,520
 So that rational nexus is a term we bandy about.

239
00:17:12,520 --> 00:17:17,520
 Associated with that is rough proportionality, that those exactions imposed have to be proportionate

240
00:17:17,520 --> 00:17:18,920
 to the impact.

241
00:17:18,920 --> 00:17:30,000
 So they can't have a 10% impact, and then we ask for 100% of the payment or some other.

242
00:17:30,000 --> 00:17:36,300
 It's got to have that proportionate impact or that proportional, it's got to be roughly

243
00:17:36,300 --> 00:17:39,500
 proportionate to that impact.

244
00:17:39,500 --> 00:17:44,480
 And then similar concepts to PDs that we have seen are master plan communities and overlay

245
00:17:44,480 --> 00:17:45,480
 districts.

246
00:17:45,480 --> 00:17:46,480
 And we're going to talk about those briefly.

247
00:17:46,480 --> 00:17:51,720
 But first, I just want to stay on PDs just for one more slide.

248
00:17:51,720 --> 00:17:53,300
 So this is a PD.

249
00:17:53,300 --> 00:17:59,040
 It did not come forward in the city of Denton, it was from a neighboring community, but it

250
00:17:59,040 --> 00:18:07,040
 kind of shows typically what we see in commercial PDs or what is typical of a commercial PD.

251
00:18:07,040 --> 00:18:10,480
 Like straight zoning, PDs will have the text and the map.

252
00:18:10,480 --> 00:18:14,640
 So it's going to have both of those things with that PD.

253
00:18:14,640 --> 00:18:18,240
 But unlike straight zoning, it is specific to a certain piece of property.

254
00:18:18,240 --> 00:18:23,560
 So you can apply a zoning district to anywhere or an established zoning district to anywhere

255
00:18:23,560 --> 00:18:24,560
 within a city.

256
00:18:24,560 --> 00:18:28,160
 But a PD is only for that one piece of property.

257
00:18:28,160 --> 00:18:29,460
 And it runs with the land.

258
00:18:29,460 --> 00:18:36,300
 So a development must develop as it is established by the PD or the PD has to be amended.

259
00:18:36,300 --> 00:18:39,880
 And that's one thing that's come up in our discussions with these PDs.

260
00:18:39,880 --> 00:18:43,820
 So for instance, this developer said, okay, we're going to put these buildings in these

261
00:18:43,820 --> 00:18:47,080
 locations, they're going to be this size, we're going to have parking and access in

262
00:18:47,080 --> 00:18:51,160
 these locations, our dumpsters are going to go here, landscaping islands are going to

263
00:18:51,160 --> 00:18:52,160
 go here.

264
00:18:52,160 --> 00:18:57,000
 Here's the future pad site, and then here's what our development is going to look like.

265
00:18:57,000 --> 00:19:03,700
 When it's all said and done, it's going to have this tree canopy and these color palettes.

266
00:19:03,700 --> 00:19:08,080
 So that's really how those PDs work in other communities and how it's really started to

267
00:19:08,080 --> 00:19:09,080
 work within the city.

268
00:19:09,080 --> 00:19:15,040
 We know it's kind of new, but it is starting to work in that manner.

269
00:19:15,040 --> 00:19:19,480
 A master plan community, that was something in our 2002 debt and development code.

270
00:19:19,480 --> 00:19:22,880
 It's essentially a PD, but it's a really, really big PD.

271
00:19:22,880 --> 00:19:28,120
 It was either 125 acres or 300 acres, depending on ownership, and it really just provided

272
00:19:28,120 --> 00:19:30,080
 that alternative zoning.

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00:19:30,080 --> 00:19:35,720
 So our 2002 development code did not have PDs, but it had these master plan communities,

274
00:19:35,720 --> 00:19:39,400
 which is essentially the same thing.

275
00:19:39,400 --> 00:19:46,740
 MPCs are not included in the 2019 DDC as a new project type, so you're not going to see

276
00:19:46,740 --> 00:19:49,320
 new MPCs move forward.

277
00:19:49,320 --> 00:19:52,000
 Those are really being handled just as PDs.

278
00:19:52,000 --> 00:19:59,760
 There are three PDs that we'll continue on, and they are addressed within the 2019 development

279
00:19:59,760 --> 00:20:05,900
 code, and that is Hunter and Cole Ranch, and that's on the southwest side of town and then

280
00:20:05,900 --> 00:20:08,080
 the Hills of Denton on the north side of town.

281
00:20:08,080 --> 00:20:12,320
 So those are going to continue on as they were planned, but you just won't see any new

282
00:20:12,320 --> 00:20:14,840
 MPCs come forward.

283
00:20:14,840 --> 00:20:16,160
 And then overlay districts.

284
00:20:16,160 --> 00:20:20,440
 Our subchapter four in our debt and development code does address overlay districts and allows

285
00:20:20,440 --> 00:20:22,680
 for the creation of overlay districts.

286
00:20:22,680 --> 00:20:26,320
 It does require a text zoning amendment and a zoning map amendment.

287
00:20:26,320 --> 00:20:31,120
 So essentially, when an overlay district is created, it's then put into the Denton development

288
00:20:31,120 --> 00:20:33,160
 code in subchapter four.

289
00:20:33,160 --> 00:20:34,800
 And we have a few of them in the city of Denton.

290
00:20:34,800 --> 00:20:38,480
 We haven't seen one in a while, but we do have a few that I just want to mention.

291
00:20:38,480 --> 00:20:41,320
 Fry Street, you may be familiar with that one.

292
00:20:41,320 --> 00:20:45,960
 Oh, and just to let you know, the symbology on our maps, those overlay districts are kind

293
00:20:45,960 --> 00:20:46,960
 of grayed out.

294
00:20:46,960 --> 00:20:49,360
 So you can see here's Razor Ranch here.

295
00:20:49,360 --> 00:20:50,360
 Fry Street's a little small.

296
00:20:50,360 --> 00:20:53,520
 We've got historic districts and then Unicorn Lake.

297
00:20:53,520 --> 00:20:58,400
 So Fry Street, it regulated parking, solid waste containers, signs, setbacks, and density.

298
00:20:58,400 --> 00:21:00,860
 That was the intent of Fry Street.

299
00:21:00,860 --> 00:21:06,600
 Unicorn Lake has additional regulations regarding uses, densities, dwelling sizes.

300
00:21:06,600 --> 00:21:10,880
 Razor Ranch has use and development standards.

301
00:21:10,880 --> 00:21:14,520
 Our historic districts, those are overlay districts within the city, so those are protected

302
00:21:14,520 --> 00:21:16,360
 by zoning.

303
00:21:16,360 --> 00:21:20,280
 And those are intended to protect and promote preservation within the city.

304
00:21:20,280 --> 00:21:24,600
 And then one we really don't see very often, and that is our municipal airport overlay

305
00:21:24,600 --> 00:21:25,600
 district.

306
00:21:25,600 --> 00:21:27,160
 It is shown right here.

307
00:21:27,160 --> 00:21:30,800
 And really, that restricts heights and it restricts uses.

308
00:21:30,800 --> 00:21:33,580
 Because of noise, you've got to restrict those uses.

309
00:21:33,580 --> 00:21:37,160
 It limits those residential uses because of the noise.

310
00:21:37,160 --> 00:21:41,600
 And then heights, obviously, because airplanes are coming in, the FAA wants to make sure

311
00:21:41,600 --> 00:21:47,760
 that those pilots and passengers are safe.

312
00:21:47,760 --> 00:21:51,640
 One thing I wanted to talk about that was related to overlay districts and some things

313
00:21:51,640 --> 00:21:56,040
 that we've talked about here are overlay conditions.

314
00:21:56,040 --> 00:22:00,840
 If you recall, in the 2002 development code, we had something called a mixed-use residential

315
00:22:00,840 --> 00:22:02,640
 protection overlay.

316
00:22:02,640 --> 00:22:07,680
 It allowed the Planning and Zoning Commission to recommend and City Council to approve overlay

317
00:22:07,680 --> 00:22:13,840
 restrictions that were more restrictive than the base zoning to ensure compatibility with

318
00:22:13,840 --> 00:22:15,540
 adjacent residential uses.

319
00:22:15,540 --> 00:22:20,520
 So it did allow those overlay conditions.

320
00:22:20,520 --> 00:22:23,560
 Those were carried forward in the 2019 code.

321
00:22:23,560 --> 00:22:30,120
 Those old overlay restrictions were carried forward in the 2019 Denton Development Code

322
00:22:30,120 --> 00:22:31,280
 as PDs.

323
00:22:31,280 --> 00:22:36,320
 So they are, they do have a symbology on our map and they do have to follow that PD amendment

324
00:22:36,320 --> 00:22:37,320
 process.

325
00:22:37,320 --> 00:22:45,220
 However, our new Denton Development Code does not permit just overlay conditions on base

326
00:22:45,220 --> 00:22:46,280
 zoning districts.

327
00:22:46,280 --> 00:22:52,720
 So while we do have overlay districts that are permitted and allowed, those overlay conditions

328
00:22:52,720 --> 00:23:00,800
 on straight zoning is not allowed and it really should be treated as a PD at that point.

329
00:23:00,800 --> 00:23:02,960
 Zoning processes, I'll go really quickly on this.

330
00:23:02,960 --> 00:23:06,880
 We've got first Zoning Map Amendment, you'll see those a lot.

331
00:23:06,880 --> 00:23:12,840
 The purpose is to change the zoning district on the map, so just to change what rules apply

332
00:23:12,840 --> 00:23:15,040
 on a certain piece of property.

333
00:23:15,040 --> 00:23:17,800
 Staff makes a recommendation, we review that.

334
00:23:17,800 --> 00:23:24,080
 To public hearings, P&Z recommends approval or denial and then City Council either approves

335
00:23:24,080 --> 00:23:25,980
 or denies that request.

336
00:23:25,980 --> 00:23:28,640
 We do have criteria that we look at related to those.

337
00:23:28,640 --> 00:23:33,120
 It is in subchapter two of the Denton Development Code and that's really what we base our analysis

338
00:23:33,120 --> 00:23:38,080
 on and what the basis for the decision should be.

339
00:23:38,080 --> 00:23:43,080
 Plan developments, we have that process laid out in subchapter two as well.

340
00:23:43,080 --> 00:23:47,640
 It can be used if a rezoning or specific use permit would not achieve a desired result.

341
00:23:47,640 --> 00:23:52,440
 So that's really kind of what we look at, is when we need that flexibility.

342
00:23:52,440 --> 00:23:57,520
 As I mentioned, it includes that map as well as the text, so those development standards

343
00:23:57,520 --> 00:24:04,440
 and that visual map, and they also need to indicate the deviations from the DDC, so they'll

344
00:24:04,440 --> 00:24:08,960
 need to say in those development standards where they want to deviate and then what maybe

345
00:24:08,960 --> 00:24:12,620
 those offsets are.

346
00:24:12,620 --> 00:24:19,800
 One thing to keep in mind, you cannot deviate from gas wells, ESUs or tree preservation

347
00:24:19,800 --> 00:24:20,800
 with a PD.

348
00:24:20,800 --> 00:24:25,640
 Those have to be either addressed separately or they need to comply with those standards.

349
00:24:25,640 --> 00:24:28,280
 It follows the zoning amendment process.

350
00:24:28,280 --> 00:24:30,720
 Amendments for PDs, we talked about this a couple weeks ago.

351
00:24:30,720 --> 00:24:34,080
 We have that major and minor amendment.

352
00:24:34,080 --> 00:24:41,280
 It's new to the 2019 code that minor amendments, something that would be very limited, wouldn't

353
00:24:41,280 --> 00:24:46,320
 change the use, wouldn't change the intensity, but still is a change to that PD.

354
00:24:46,320 --> 00:24:50,240
 There still has to be a public notification, so we still send out a notice to those property

355
00:24:50,240 --> 00:24:51,920
 owners within 200 feet.

356
00:24:51,920 --> 00:24:56,800
 They have a time prescribed that they have to contact the city, and if there's an objection

357
00:24:56,800 --> 00:25:03,520
 to that or an opposition to that proposal that cannot be addressed, that cannot be sort

358
00:25:03,520 --> 00:25:08,520
 of worked through, then it does change to a major amendment, and a major amendment goes

359
00:25:08,520 --> 00:25:14,360
 to Planning and Zoning Commission and City Council, just like any other zoning action.

360
00:25:14,360 --> 00:25:17,000
 Once again, we do have criteria for approval.

361
00:25:17,000 --> 00:25:22,120
 That's what we base our analysis on and the decisions should be based on as well.

362
00:25:22,120 --> 00:25:27,960
 Once again, follows that zoning amendment process.

363
00:25:27,960 --> 00:25:31,660
 A specific use permit, that is sort of zoning adjacent.

364
00:25:31,660 --> 00:25:35,440
 If you've looked at our zoning tables, you know that there are some uses that have a

365
00:25:35,440 --> 00:25:39,720
 P next to them, some that have a P+, and then some that have an S. Those that have an S

366
00:25:39,720 --> 00:25:42,700
 require a specific use permit.

367
00:25:42,700 --> 00:25:49,380
 A specific use permit, it follows the dual public hearing process, so it comes before

368
00:25:49,380 --> 00:25:52,520
 the Planning and Zoning Commission and onto City Council.

369
00:25:52,520 --> 00:25:57,760
 It's a use that is likely permitted or should be okay for that zoning district, but it does

370
00:25:57,760 --> 00:25:59,220
 need a little extra scrutiny.

371
00:25:59,220 --> 00:26:04,420
 There may be impacts associated with that use that could create challenges for nearby

372
00:26:04,420 --> 00:26:08,560
 properties, and so it gives a little extra scrutiny, allows the Planning and Zoning Commission

373
00:26:08,560 --> 00:26:15,380
 and Council to look at it.

374
00:26:15,380 --> 00:26:16,700
 And then an alternative ESA plan.

375
00:26:16,700 --> 00:26:23,280
 We don't see these very often, but that is that discretionary process to allow property

376
00:26:23,280 --> 00:26:28,600
 owners to address those ESA regulations, follows that zoning process as well.

377
00:26:28,600 --> 00:26:33,580
 Once again, it does have criteria for approval that we look at.

378
00:26:33,580 --> 00:26:35,400
 It's a little more on SUPs.

379
00:26:35,400 --> 00:26:42,180
 You're going to see one tonight, so this shouldn't be new, but it does.

380
00:26:42,180 --> 00:26:47,620
 We typically do have a site plan and a landscape plan and elevations associated with that SUP.

381
00:26:47,620 --> 00:26:51,800
 We want to know what they're going to build and how they're going to build it.

382
00:26:51,800 --> 00:26:55,640
 Those site plan and landscape plans, those are attached to the ordinance, often with

383
00:26:55,640 --> 00:26:59,680
 conditions that they have to follow.

384
00:26:59,680 --> 00:27:06,740
 If they want to deviate from that SUP, often we do bake in some allowances for some minor

385
00:27:06,740 --> 00:27:13,440
 modification, but we always reserve the right that any changes to that SUP need to move

386
00:27:13,440 --> 00:27:16,000
 forward for public hearing.

387
00:27:16,000 --> 00:27:20,600
 They do expire after two years, I believe, yes, Haley's nodding.

388
00:27:20,600 --> 00:27:27,120
 So they do expire, and they are tied to the use and the land, so that use could not develop

389
00:27:27,120 --> 00:27:34,880
 on that piece of property that requires an SUP without an SUP, and it has to conform

390
00:27:34,880 --> 00:27:36,840
 to that ordinance.

391
00:27:36,840 --> 00:27:43,160
 A DDC roadmap, y'all are probably all really familiar with the DDC, but I just wanted to

392
00:27:43,160 --> 00:27:46,800
 talk briefly about where you can find the information you need.

393
00:27:46,800 --> 00:27:48,560
 Step chapter one is our general standards.

394
00:27:48,560 --> 00:27:53,680
 It includes the authority for the DDC, our enforcement, our non-conforming regulations,

395
00:27:53,680 --> 00:27:55,280
 so that's kind of important.

396
00:27:55,280 --> 00:28:03,720
 And then that transition from previous regulations, as we're two years into the 2019 DDC, there's

397
00:28:03,720 --> 00:28:07,200
 maybe fewer projects transitioning, but that was something that was really important when

398
00:28:07,200 --> 00:28:10,360
 we were first implementing that code.

399
00:28:10,360 --> 00:28:12,520
 Step chapter two is the administration and procedures.

400
00:28:12,520 --> 00:28:15,040
 It's kind of what we're talking about tonight.

401
00:28:15,040 --> 00:28:20,240
 That really is, you know, how to process each project type, what is the criteria for approval,

402
00:28:20,240 --> 00:28:23,560
 who can approve it, what happens after it's approved.

403
00:28:23,560 --> 00:28:26,000
 If they want to make changes, how do we address that?

404
00:28:26,000 --> 00:28:29,600
 So it provides all those rules of the road for us.

405
00:28:29,600 --> 00:28:33,960
 Step chapter three establishes those zoning districts, what all those base districts are

406
00:28:33,960 --> 00:28:37,520
 and what the dimensional requirements are.

407
00:28:37,520 --> 00:28:41,400
 It also includes those purpose statements.

408
00:28:41,400 --> 00:28:45,680
 Step chapter four, we talked about overlay districts, use regulations.

409
00:28:45,680 --> 00:28:49,720
 So that's a really important chapter in terms of just what can you do on your property.

410
00:28:49,720 --> 00:28:55,080
 So it includes the permitted use tables, use specific standards, that was something new

411
00:28:55,080 --> 00:29:00,740
 to our 2019 development code in that if a use has a little plus by it, then you need

412
00:29:00,740 --> 00:29:06,680
 to refer to the use specific standards because it might limit the height of that particular

413
00:29:06,680 --> 00:29:13,120
 use or maybe require additional screening for that use or maybe limits the amount of

414
00:29:13,120 --> 00:29:16,400
 square footage that that use can develop.

415
00:29:16,400 --> 00:29:22,760
 So those are important, not only for this commission and for staff, but also for the

416
00:29:22,760 --> 00:29:26,040
 public to understand what they can do with their property.

417
00:29:26,040 --> 00:29:30,760
 That also includes performance standards and I know Commissioner Perrett, you had a question

418
00:29:30,760 --> 00:29:35,680
 regarding performance zoning, but we also have in our code performance standards.

419
00:29:35,680 --> 00:29:43,320
 And those really do, those regulate all uses in that smoke, odor, toxic matter, vibration,

420
00:29:43,320 --> 00:29:49,040
 noise, and glare, so those are those impacts that a particular use could have.

421
00:29:49,040 --> 00:29:53,200
 We do regulate those in the Denton Development Code.

422
00:29:53,200 --> 00:29:58,560
 Our code of ordinances also has additional standards, things like how many animals you

423
00:29:58,560 --> 00:30:01,200
 can keep on the property.

424
00:30:01,200 --> 00:30:06,800
 We limit the amount of glare you can have on an adjacent property, so we do look at

425
00:30:06,800 --> 00:30:12,520
 how properties do impact their neighbors.

426
00:30:12,520 --> 00:30:17,440
 Sub Chapter 6 is gas wells, sub Chapter 7 is development standards, is the soup to nuts

427
00:30:17,440 --> 00:30:19,880
 of development in the city of Denton.

428
00:30:19,880 --> 00:30:26,280
 So you go all the way from clearing and grading your property to ESAs, how you address ESAs

429
00:30:26,280 --> 00:30:33,800
 to tree preservation and then access, parking, building design, and then how tall your light

430
00:30:33,800 --> 00:30:35,400
 poles can be in your parking lot.

431
00:30:35,400 --> 00:30:39,280
 So it includes everything when you're developing your property.

432
00:30:39,280 --> 00:30:46,560
 Sub Chapter 8 is subdivision, when you have to subdivide, how you have to plan your lot,

433
00:30:46,560 --> 00:30:53,880
 it also includes cluster development standards, and then sub Chapter 9 is definitions.

434
00:30:53,880 --> 00:30:58,320
 We have an interactive map that then relates to our zoning text.

435
00:30:58,320 --> 00:31:04,920
 I've given just a little roadmap on how to access our interactive map just for you and

436
00:31:04,920 --> 00:31:06,980
 then folks at home.

437
00:31:06,980 --> 00:31:11,440
 If you go to the City of Denton's main web page, and this is how I get there, you scroll

438
00:31:11,440 --> 00:31:17,080
 all the way down and there is a little, on that gray bar at the bottom, there's a little

439
00:31:17,080 --> 00:31:18,080
 word that says maps.

440
00:31:18,080 --> 00:31:22,240
 You can click on that, and it'll take you to this page right here, the maps page, and

441
00:31:22,240 --> 00:31:27,600
 then I click on GIS maps, which then takes me to the GIS maps page, and then I can click

442
00:31:27,600 --> 00:31:33,200
 on interactive map, and then that's what gets this big interactive map to pull up.

443
00:31:33,200 --> 00:31:38,940
 It includes all parts of the City of Denton as well as the ETJ, and it has a menu of items

444
00:31:38,940 --> 00:31:44,120
 you can click on and off, and if you're bored one Saturday afternoon, you can look at the

445
00:31:44,120 --> 00:31:50,280
 contour maps of Denton, you can look in where water and wastewater are, you can look at

446
00:31:50,280 --> 00:31:54,140
 where our parks are related to our schools, so you can sort of, you can turn on those

447
00:31:54,140 --> 00:32:01,000
 layers and really look at how the city comes together in terms of infrastructure and planning

448
00:32:01,000 --> 00:32:04,560
 and built environment and open spaces.

449
00:32:04,560 --> 00:32:10,360
 We do have a planning tab that includes not only our current zoning, but it includes our

450
00:32:10,360 --> 00:32:17,440
 2002 zoning map, and it also includes the 1991 zoning map, so you can pull that up and

451
00:32:17,440 --> 00:32:20,680
 see how a piece of property evolved.

452
00:32:20,680 --> 00:32:23,080
 It includes our overlay districts.

453
00:32:23,080 --> 00:32:28,500
 We also have ESAs and floodplain on here, and then it's off the screen, but we do have

454
00:32:28,500 --> 00:32:32,400
 our mobility, so those are kind of the areas that we really look at when we're looking

455
00:32:32,400 --> 00:32:34,240
 at cases.

456
00:32:34,240 --> 00:32:38,700
 For further information, you may recall that our GIS group had a presentation for you all

457
00:32:38,700 --> 00:32:40,460
 in December of last year.

458
00:32:40,460 --> 00:32:45,280
 You can refer to that, you can go to the website and watch that again.

459
00:32:45,280 --> 00:32:51,080
 Cody with GIS as a fountain of information, he knows a lot more about it than I do.

460
00:32:51,080 --> 00:32:55,360
 And I just want to give you some helpful sources, and we'll get this, we'll get this presentation

461
00:32:55,360 --> 00:33:00,340
 to you, so you can follow some links that we often look at.

462
00:33:00,340 --> 00:33:03,120
 We often look at the Denton Central Appraisal District.

463
00:33:03,120 --> 00:33:08,920
 We look at see who the property owners are with the CAD.

464
00:33:08,920 --> 00:33:12,840
 American Planning Association has a lot of good reference materials you can look at.

465
00:33:12,840 --> 00:33:14,000
 I don't know how to say it.

466
00:33:14,000 --> 00:33:18,200
 I say planetism, but I don't know if that's the right way, but that's just a website that

467
00:33:18,200 --> 00:33:23,120
 has a lot of planning, current topics, and articles for you to read.

468
00:33:23,120 --> 00:33:27,640
 We look at the census, census is great for demographic information.

469
00:33:27,640 --> 00:33:32,600
 The North Central Texas Council of Governance, the COG, has a lot of, it has things like

470
00:33:32,600 --> 00:33:37,600
 traffic counts and a lot of other information regarding mobility and air quality and all

471
00:33:37,600 --> 00:33:41,640
 sorts of good stuff for the general area.

472
00:33:41,640 --> 00:33:46,600
 NACTO, the National Association for City Transportation Officials, they have a lot of really good

473
00:33:46,600 --> 00:33:47,640
 resource materials.

474
00:33:47,640 --> 00:33:48,640
 You can look there.

475
00:33:48,640 --> 00:33:53,200
 Municode is where our code is stored, so that's where you would go to find the Denton Development

476
00:33:53,200 --> 00:33:54,200
 Code.

477
00:33:54,200 --> 00:34:00,880
 Denton Plan 2030, that's on the website, two maps you might want to keep in mind, the Preferred

478
00:34:00,880 --> 00:34:01,880
 Growth Concept.

479
00:34:01,880 --> 00:34:03,600
 We often talk about that in the Future Land Use Map.

480
00:34:03,600 --> 00:34:06,960
 I've given you the code, the page references.

481
00:34:06,960 --> 00:34:12,480
 Denton Plan Update, that is our Comprehensive Plan Update.

482
00:34:12,480 --> 00:34:17,680
 I don't know if you've been involved in that, but there's a link to that update.

483
00:34:17,680 --> 00:34:24,680
 One website that Hailey turned me on, it's a good one, it's the Denton, it's the Text.Project

484
00:34:24,680 --> 00:34:32,520
 Tracker, and you can go see how Text.Projects are moving forward, it's a really cool website.

485
00:34:32,520 --> 00:34:36,440
 We've been working on a mobility plan update for quite a while, it's kind of tapped the

486
00:34:36,440 --> 00:34:45,640
 brakes and kind of catching up with our Comprehensive Plan, but there is a map on a website that

487
00:34:45,640 --> 00:34:48,960
 you can look at to see what that kind of draft plan is.

488
00:34:48,960 --> 00:34:52,960
 And then the Denton Bike Plan, so those are some websites that we look at and that you

489
00:34:52,960 --> 00:35:00,960
 might want to look at as you're just curious about Denton or looking at cases and projects.

490
00:35:00,960 --> 00:35:03,240
 And that really concludes my presentation.

491
00:35:03,240 --> 00:35:10,160
 One other thing I want to mention in terms of the Comprehensive Plan, we are having an

492
00:35:10,160 --> 00:35:15,040
 open house, and Hailey may know better than me, I believe it's September 16th, I don't

493
00:35:15,040 --> 00:35:21,000
 know the time, but it is at Development Services Center that hopefully you can attend.

494
00:35:21,000 --> 00:35:27,560
 I believe it's starting around 6 p.m., looking for Ron, we've got the head mod, so 6 p.m.

495
00:35:27,560 --> 00:35:30,840
 We are still formulating the plans, but there will be a lot of other city departments there.

496
00:35:30,840 --> 00:35:34,160
 We're hoping to have some interactive stations around the building so you can check out our

497
00:35:34,160 --> 00:35:41,240
 new building and interact with the maps and see how the plan is going.

498
00:35:41,240 --> 00:35:45,200
 If you have any questions, I'll be happy to answer them.

499
00:35:45,200 --> 00:35:48,560
 Julie thanks for a great presentation, great information.

500
00:35:48,560 --> 00:35:50,040
 Anybody have any questions for Julie?

501
00:35:50,040 --> 00:35:54,600
 You can hit your button.

502
00:35:54,600 --> 00:35:55,960
 Commissioner Pruitt.

503
00:35:55,960 --> 00:35:56,960
 Thank you.

504
00:35:56,960 --> 00:36:01,760
 Just, thank you for all the information, first of all, it was a very helpful overview.

505
00:36:01,760 --> 00:36:11,520
 I'm curious, you mentioned the process by which PDs are amended or rezoned from.

506
00:36:11,520 --> 00:36:16,440
 What determines who is able to initiate that process?

507
00:36:16,440 --> 00:36:22,320
 For instance, if you have a PD that encompasses multiple parcels and you have a single land

508
00:36:22,320 --> 00:36:27,040
 owner that would like to initiate that process, what would that look like?

509
00:36:27,040 --> 00:36:31,800
 So a property owner really is the person who has to initiate that rezoning since they are

510
00:36:31,800 --> 00:36:32,800
 in control of the property.

511
00:36:32,800 --> 00:36:41,400
 So if a PD is a really large one and they're out parcels and maybe somebody either doesn't

512
00:36:41,400 --> 00:36:45,400
 want to develop in accordance with that PD or wants to rezone out of it, that would be

513
00:36:45,400 --> 00:36:50,040
 up to that property owner and then we would have to send out the requisite notifications

514
00:36:50,040 --> 00:36:53,040
 and it would be up to council whether to approve that.

515
00:36:53,040 --> 00:36:59,720
 So they can initiate that just for their plot, it doesn't have to come from a consortium

516
00:36:59,720 --> 00:37:03,080
 if you will of all of the landowners within the PD.

517
00:37:03,080 --> 00:37:06,120
 Well, Mac may want to weigh in.

518
00:37:06,120 --> 00:37:14,360
 I don't, I mean, I'm not aware of a provision where they would have to get permission from

519
00:37:14,360 --> 00:37:18,480
 adjacent property owners in that PD, but you may know more than me.

520
00:37:18,480 --> 00:37:23,360
 I have to look at our code, but I know it's an issue that's come up in other cities, it's

521
00:37:23,360 --> 00:37:27,400
 always a good question about who all needs to be involved if they're going to amend that

522
00:37:27,400 --> 00:37:28,400
 PD that other properties all belong to.

523
00:37:28,400 --> 00:37:31,840
 I think the general consensus for most cities, and I'll have to verify this in our code,

524
00:37:31,840 --> 00:37:36,160
 is that that property owner, like Julie said, can initiate his own zoning on his own property

525
00:37:36,160 --> 00:37:40,960
 even though it's within an existing PD.

526
00:37:40,960 --> 00:37:41,960
 Thank you.

527
00:37:41,960 --> 00:37:42,960
 Sure.

528
00:37:42,960 --> 00:37:43,960
 Anyone else?

529
00:37:43,960 --> 00:37:44,960
 I don't see anything.

530
00:37:44,960 --> 00:37:45,960
 Thank you.

531
00:37:45,960 --> 00:37:46,960
 Thank you, Julie.

532
00:37:46,960 --> 00:37:54,100
 Okay, that takes us to our next work session item, which is clarification of agenda items

533
00:37:54,100 --> 00:37:56,740
 for tonight's meeting.

534
00:37:56,740 --> 00:37:59,280
 First one being our minutes.

535
00:37:59,280 --> 00:38:01,400
 Any questions on the minutes?

536
00:38:01,400 --> 00:38:06,200
 There are two on today's agenda.

537
00:38:06,200 --> 00:38:08,200
 Okay.

538
00:38:08,200 --> 00:38:09,200
 Consent agenda.

539
00:38:09,200 --> 00:38:14,760
 Any questions on the consent?

540
00:38:14,760 --> 00:38:22,280
 That will move us to individual consideration for a PE 21.3.

541
00:38:22,280 --> 00:38:23,280
 That is Haley.

542
00:38:23,280 --> 00:38:26,760
 Julie's going to pull that up for me.

543
00:38:26,760 --> 00:38:28,080
 That sounds good.

544
00:38:28,080 --> 00:38:33,680
 This is a plat extension request for a preliminary plat of Country Club Road estates.

545
00:38:33,680 --> 00:38:39,560
 Some of you may remember this project has been going on since about 2017, I believe.

546
00:38:39,560 --> 00:38:41,800
 It is a single-family subdivision.

547
00:38:41,800 --> 00:38:43,120
 It's on the east side of Country Club Road.

548
00:38:43,120 --> 00:38:46,160
 We'll see the map in just a second.

549
00:38:46,160 --> 00:38:48,680
 Did I get there?

550
00:38:48,680 --> 00:38:50,480
 Yeah, slide four, please.

551
00:38:50,480 --> 00:38:54,560
 Or you can go on to five.

552
00:38:54,560 --> 00:38:58,280
 There we go.

553
00:38:58,280 --> 00:39:02,160
 So the property you can see outlined in yellow, you'll notice there are parcel boundaries

554
00:39:02,160 --> 00:39:04,400
 already drawn within part of that on our map.

555
00:39:04,400 --> 00:39:08,680
 Phase one has been final plotted since the preliminary plat was initially approved.

556
00:39:08,680 --> 00:39:13,080
 In our old code, the approval of a final plat for a phase would extend the lifetime of

557
00:39:13,080 --> 00:39:14,880
 that preliminary plat.

558
00:39:14,880 --> 00:39:20,680
 So this particular plat, phase one was approved, final plotted in 2019, so that extended the

559
00:39:20,680 --> 00:39:21,680
 preliminary plat to 2021.

560
00:39:21,680 --> 00:39:26,120
 You can go to the next slide, please.

561
00:39:26,120 --> 00:39:28,080
 So this is just a look at the preliminary plat.

562
00:39:28,080 --> 00:39:32,680
 It's set to expire in just a few days on August 21st.

563
00:39:32,680 --> 00:39:34,600
 As I mentioned, phase one has been final plotted.

564
00:39:34,600 --> 00:39:37,040
 It's currently under construction.

565
00:39:37,040 --> 00:39:41,040
 Phase two, they have not been able to initiate yet, however.

566
00:39:41,040 --> 00:39:45,620
 The property owner and his applicant indicated that there have been several disruptions during

567
00:39:45,620 --> 00:39:50,880
 construction due to services, materials, and labor changes during the pandemic.

568
00:39:50,880 --> 00:39:56,720
 Similarly, or along with that, TextDOT has a widening project for FM 1830 or Country

569
00:39:56,720 --> 00:40:00,960
 Club Road, so they have a significant impact on this property.

570
00:40:00,960 --> 00:40:04,240
 There's a dotted line on phase two you can see.

571
00:40:04,240 --> 00:40:07,680
 And if TextDOT acquires that right of way as they expect, it could significantly alter

572
00:40:07,680 --> 00:40:11,020
 the amount of lots that they can achieve within phase two.

573
00:40:11,020 --> 00:40:15,000
 So they're waiting until they get a better idea of what that right of way will look like

574
00:40:15,000 --> 00:40:16,600
 before coming forward with that plat.

575
00:40:16,600 --> 00:40:20,760
 So combined with those two effects, they're requesting a one-year extension to allow them

576
00:40:20,760 --> 00:40:22,480
 to work through those things.

577
00:40:22,480 --> 00:40:26,800
 And staff is recommending approval of that extension as they've continued to show progress

578
00:40:26,800 --> 00:40:30,040
 towards completion of the project.

579
00:40:30,040 --> 00:40:35,080
 I'm happy to answer any questions.

580
00:40:35,080 --> 00:40:37,280
 Any questions on this item?

581
00:40:37,280 --> 00:40:43,080
 Okay, I don't see any thank you, Julie and Haley.

582
00:40:43,080 --> 00:40:52,480
 Next item for individual consideration is PP 20029B, the Woodlands on McKinney Street,

583
00:40:52,480 --> 00:40:55,200
 which is Haley and Julie again.

584
00:40:55,200 --> 00:40:58,000
 We're a tag team these days.

585
00:40:58,000 --> 00:40:59,000
 Good.

586
00:40:59,000 --> 00:41:00,480
 You're a good tag team.

587
00:41:00,480 --> 00:41:01,480
 All right.

588
00:41:01,480 --> 00:41:03,740
 So this is a preliminary plat.

589
00:41:03,740 --> 00:41:07,840
 You may remember the Woodlands on McKinney Street being a much larger parcel that is

590
00:41:07,840 --> 00:41:09,860
 a manufactured home development.

591
00:41:09,860 --> 00:41:14,720
 The specific use permit for that project actually required them to maintain six one-acre lots

592
00:41:14,720 --> 00:41:18,620
 along their eastern border on Trinity Road.

593
00:41:18,620 --> 00:41:21,200
 So this is the preliminary plat for those six lots.

594
00:41:21,200 --> 00:41:24,800
 They are each one acre in size meeting the requirements of that SUP.

595
00:41:24,800 --> 00:41:29,000
 And since the agenda was posted, they provided an updated plat that was emailed to you all.

596
00:41:29,000 --> 00:41:33,580
 And we are now recommending approval of this plat.

597
00:41:33,580 --> 00:41:34,580
 Thank you.

598
00:41:34,580 --> 00:41:36,560
 Any questions on this item?

599
00:41:36,560 --> 00:41:37,560
 Okay.

600
00:41:37,560 --> 00:41:46,840
 Seeing none, we can move on to PP 210015A, which we will take no action on as the applicant

601
00:41:46,840 --> 00:41:51,680
 has withdrawn this item from tonight's agenda.

602
00:41:51,680 --> 00:41:59,320
 So we will go to PP, I'm sorry, FP 210023, which is Ron's item.

603
00:41:59,320 --> 00:42:00,320
 Hi, Ron.

604
00:42:00,320 --> 00:42:01,320
 Hello.

605
00:42:01,320 --> 00:42:02,320
 Thank you, Julie.

606
00:42:02,320 --> 00:42:07,680
 Madam Chair, members of the Commission, this is a final replant for a property you're probably

607
00:42:07,680 --> 00:42:08,680
 familiar with.

608
00:42:08,680 --> 00:42:13,000
 This is on the southwest corner of Mingo and Mockingbird.

609
00:42:13,000 --> 00:42:15,600
 The recommendation from staff is denial.

610
00:42:15,600 --> 00:42:22,240
 However, the applicant has submitted a 30-day extension for this application and staff has

611
00:42:22,240 --> 00:42:23,600
 no opposition.

612
00:42:23,600 --> 00:42:28,800
 That 30-day extension will take us to September 8th of the Planning, Zoning Commission meeting.

613
00:42:28,800 --> 00:42:29,800
 Okay.

614
00:42:29,800 --> 00:42:30,800
 Thanks, Ron.

615
00:42:30,800 --> 00:42:31,800
 And that concludes my presentation.

616
00:42:31,800 --> 00:42:32,800
 Okay.

617
00:42:32,800 --> 00:42:34,520
 Any questions for Ron on that?

618
00:42:34,520 --> 00:42:39,040
 So we'll be asking for an extension to a date certain of September 8th, is what they're

619
00:42:39,040 --> 00:42:40,040
 requesting.

620
00:42:40,040 --> 00:42:41,040
 Correct.

621
00:42:41,040 --> 00:42:42,040
 Okay.

622
00:42:42,040 --> 00:42:43,040
 Thanks, Ron.

623
00:42:43,040 --> 00:42:44,040
 Okay.

624
00:42:44,040 --> 00:42:53,280
 And that will move us to FP 210017A, that is Julie's item.

625
00:42:53,280 --> 00:42:55,360
 Good evening.

626
00:42:55,360 --> 00:42:58,520
 This is FP 21-001A.

627
00:42:58,520 --> 00:43:02,760
 This has been before it is within the Robeson Ranch development.

628
00:43:02,760 --> 00:43:06,600
 It is a final plat for Unit 6-2.

629
00:43:06,600 --> 00:43:11,640
 They still have a couple more items to work through on their plans, so staff is recommending

630
00:43:11,640 --> 00:43:17,360
 denial of the plat as it does not meet all of the requirements and I'll be happy to answer

631
00:43:17,360 --> 00:43:18,360
 any questions.

632
00:43:18,360 --> 00:43:20,760
 And there's already been an extension granted on this one, correct?

633
00:43:20,760 --> 00:43:21,760
 Yes, ma'am.

634
00:43:21,760 --> 00:43:22,760
 Yes, ma'am.

635
00:43:22,760 --> 00:43:23,760
 Okay.

636
00:43:23,760 --> 00:43:24,760
 Any questions on that one?

637
00:43:24,760 --> 00:43:25,760
 Okay.

638
00:43:25,760 --> 00:43:30,240
 Thanks, Julie.

639
00:43:30,240 --> 00:43:35,240
 You're sticking around for the next one, FP 21-0025.

640
00:43:35,240 --> 00:43:37,360
 This might also look familiar to you as well.

641
00:43:37,360 --> 00:43:43,560
 This is for the Grove as SUP was approved on this last year.

642
00:43:43,560 --> 00:43:47,200
 It is the final plat for this proposal.

643
00:43:47,200 --> 00:43:52,120
 They do have some requirements that they continue to have to work through, some comments.

644
00:43:52,120 --> 00:43:54,560
 And so staff does recommend denial.

645
00:43:54,560 --> 00:43:59,000
 They have requested an extension, and we have no objection to that extension to the September

646
00:43:59,000 --> 00:44:01,040
 8th PNC meeting.

647
00:44:01,040 --> 00:44:02,040
 Okay.

648
00:44:02,040 --> 00:44:03,040
 Great.

649
00:44:03,040 --> 00:44:04,040
 Any questions on that?

650
00:44:04,040 --> 00:44:05,040
 Okay.

651
00:44:05,040 --> 00:44:08,760
 Thank you, Julie.

652
00:44:08,760 --> 00:44:12,720
 That will take us to our public hearing portion of the agenda.

653
00:44:12,720 --> 00:44:15,960
 First one is DCA 21-03.

654
00:44:15,960 --> 00:44:20,280
 That is Ron's item.

655
00:44:20,280 --> 00:44:21,280
 Yes.

656
00:44:21,280 --> 00:44:43,200
 Second, ma'am chair, to pull up the presentation, and hopefully you'll see it.

657
00:44:43,200 --> 00:44:44,200
 There we go.

658
00:44:44,200 --> 00:44:49,480
 Ma'am chair, members of the commission, this is a development code amendment request, just

659
00:44:49,480 --> 00:44:58,200
 for way of background, on September, I'm sorry, August 17, that is, 2010, there was a development

660
00:44:58,200 --> 00:45:05,320
 code amendment to amend what was the industrial center general zoning district from 65 feet

661
00:45:05,320 --> 00:45:13,120
 maximum height, that is 240 feet, as a result of a consideration staff analysis of a warehouse

662
00:45:13,120 --> 00:45:15,000
 that was coming into the city.

663
00:45:15,000 --> 00:45:21,700
 Again, on August 17, the city council approved that increase in height limitation for the

664
00:45:21,700 --> 00:45:22,700
 ICG.

665
00:45:22,700 --> 00:45:32,160
 On October 1st, 2019, with the DDC update, that ICG was transitioned to HI.

666
00:45:32,160 --> 00:45:38,560
 By doing so, the development code also amended or changed the building height, what was again

667
00:45:38,560 --> 00:45:41,160
 140, brought it back down to 75.

668
00:45:41,160 --> 00:45:47,840
 Obviously, that caused a lot of issues in terms of nonconformity, in terms of several

669
00:45:47,840 --> 00:45:51,840
 structures, three in particular, that we are aware of.

670
00:45:51,840 --> 00:45:55,100
 It was really brought to our attention early in the process.

671
00:45:55,100 --> 00:45:59,520
 We had this in our code amendment list that we took to the DCRC.

672
00:45:59,520 --> 00:46:00,520
 We presented it to them.

673
00:46:00,520 --> 00:46:04,560
 Obviously, there was no concerns at that time because we were trying to correct nonconformity.

674
00:46:04,560 --> 00:46:10,000
 However, because this summer we received the application from a manufacturing company for

675
00:46:10,000 --> 00:46:14,680
 a billing permit, we needed to expedite this code amendment, so that's why we're taking

676
00:46:14,680 --> 00:46:16,040
 this on its own.

677
00:46:16,040 --> 00:46:25,720
 Again, this is for the zoning district of HI, amending specifically table 3.5-C, as

678
00:46:25,720 --> 00:46:33,640
 well as table 3.5.5, where it identifies what the maximum height limit is for HI zoning

679
00:46:33,640 --> 00:46:34,640
 district.

680
00:46:34,640 --> 00:46:41,880
 Again, what staff is proposing is to bring back the height maximum from 75 up to 140

681
00:46:41,880 --> 00:46:42,880
 feet.

682
00:46:42,880 --> 00:46:46,040
 The other way.

683
00:46:46,040 --> 00:46:50,720
 Just to give the planning zoning commission an idea where HI is located in the city, you

684
00:46:50,720 --> 00:46:56,080
 can see that the majority of the area is west of I-35 in what we refer to as our industrial

685
00:46:56,080 --> 00:46:57,520
 commerce area.

686
00:46:57,520 --> 00:47:03,480
 We do see some along I-37, that is, and south of I-35.

687
00:47:03,480 --> 00:47:07,780
 There's also a small number of parcels along Mayhill Drive.

688
00:47:07,780 --> 00:47:11,800
 You can see here by the landfill area.

689
00:47:11,800 --> 00:47:16,080
 What does that mean in terms of incompatible uses?

690
00:47:16,080 --> 00:47:23,480
 The DDC, the development code, has built in some standards and requirements in terms of

691
00:47:23,480 --> 00:47:25,520
 protecting those incompatible uses.

692
00:47:25,520 --> 00:47:32,000
 You can see here one of the major, one of the requirements that is, is setback requirements.

693
00:47:32,000 --> 00:47:36,120
 You can see under the HI zoning district, and again, we're changing this maximum building

694
00:47:36,120 --> 00:47:42,640
 height from 75, or proposing to change it, that is, from 75 to 140 feet.

695
00:47:42,640 --> 00:47:49,560
 We also note that setback requirements, that if this was adjacent to a residential zoning

696
00:47:49,560 --> 00:47:54,920
 category that you see here on the left, or on the right, that is, any of these residential

697
00:47:54,920 --> 00:48:02,520
 districts here, if it's adjacent to the HI, any development must be setback 200 feet.

698
00:48:02,520 --> 00:48:04,520
 So that is a significant amount of setback.

699
00:48:04,520 --> 00:48:10,360
 So again, to protect those incompatible uses, which in this regard is the residential uses

700
00:48:10,360 --> 00:48:15,240
 under all of the residential zoning districts that you see here.

701
00:48:15,240 --> 00:48:20,600
 By way of illustrating what that may look like, you can see the one here to the left,

702
00:48:20,600 --> 00:48:25,040
 the HI covers majority of the area, again, west of I-35.

703
00:48:25,040 --> 00:48:30,640
 There are small pockets of residential zoning districts, like one here to the north, also

704
00:48:30,640 --> 00:48:37,880
 to the south, but primarily the area is surrounded by LI, as well as PF, but again, any development

705
00:48:37,880 --> 00:48:43,560
 that comes in along adjacent to these residential zoning districts would have to be setback

706
00:48:43,560 --> 00:48:45,340
 200 feet.

707
00:48:45,340 --> 00:48:50,120
 The same applies here along I-35 and 377.

708
00:48:50,120 --> 00:48:55,420
 This right here is the Acme Brick property, and you can see that the majority of the area

709
00:48:55,420 --> 00:49:00,800
 is not surrounded by residential, but if it is, again, the setback requirement still applies

710
00:49:00,800 --> 00:49:04,080
 200 feet from that property.

711
00:49:04,080 --> 00:49:10,640
 Last, the area along May Hill, there are two pockets or two parcels that have the HI zoning

712
00:49:10,640 --> 00:49:11,640
 district.

713
00:49:11,640 --> 00:49:16,520
 There is a rural residential here, however, again, if a development were to come in and

714
00:49:16,520 --> 00:49:21,600
 develop on this property, they would have to be setback 200 feet from the residential

715
00:49:21,600 --> 00:49:22,960
 zoning district.

716
00:49:22,960 --> 00:49:28,320
 Last, buffer requirements, again, this is already in the development code, built in

717
00:49:28,320 --> 00:49:33,200
 to protect those incompatible uses, and the way this table works is that if there is a

718
00:49:33,200 --> 00:49:38,560
 developing use, in this case industrial, under the HI zoning district, they would have to

719
00:49:38,560 --> 00:49:41,720
 provide a buffer requirement, as you see here.

720
00:49:41,720 --> 00:49:49,220
 For example, if they were to build adjacent to a single family that's zone residential,

721
00:49:49,220 --> 00:49:54,520
 they would have to provide a minimum of 50 feet -- I'm sorry, 50 points, a minimum of

722
00:49:54,520 --> 00:49:57,640
 30 feet separation.

723
00:49:57,640 --> 00:50:03,720
 That 50 points is basically allowed under these elements that you see here, these buffer

724
00:50:03,720 --> 00:50:09,000
 elements, so they would have to provide a total of 50 points under which category or

725
00:50:09,000 --> 00:50:10,680
 which element they've chosen.

726
00:50:10,680 --> 00:50:16,160
 So again, next to a single family, 50 points is a lot of points, so they have to make sure

727
00:50:16,160 --> 00:50:18,440
 that that buffer is provided.

728
00:50:18,440 --> 00:50:23,000
 And for a commercial use, adjacency, they would have to provide 30 points, so a little

729
00:50:23,000 --> 00:50:29,360
 bit less, but still significant in terms of providing that buffer requirement.

730
00:50:29,360 --> 00:50:34,800
 Staff recommends approval of this code amendment as it meets the criteria for code amendments,

731
00:50:34,800 --> 00:50:39,960
 and I won't read this all, but really just to summarize, it's consistent with the comprehensive

732
00:50:39,960 --> 00:50:40,960
 plan.

733
00:50:40,960 --> 00:50:43,640
 It does not conflict with any other provisions.

734
00:50:43,640 --> 00:50:47,320
 It demonstrates the need for the community, the community need.

735
00:50:47,320 --> 00:50:51,680
 It responds to the substantial change, again, the change in terms of the development code

736
00:50:51,680 --> 00:50:58,880
 update, as well as it meets the purpose and is consistent with the intent of the DDC.

737
00:50:58,880 --> 00:51:01,360
 With that, I'll stand for any questions.

738
00:51:01,360 --> 00:51:04,240
 Thank you.

739
00:51:04,240 --> 00:51:05,700
 Thank you, Ron.

740
00:51:05,700 --> 00:51:09,580
 Any questions for Ron on this?

741
00:51:09,580 --> 00:51:12,640
 Mayor Cole.

742
00:51:12,640 --> 00:51:13,640
 Thank you, Chair.

743
00:51:13,640 --> 00:51:21,200
 I just wanted to go back to that, the maps, the three maps you had, and go to the far

744
00:51:21,200 --> 00:51:23,400
 left one.

745
00:51:23,400 --> 00:51:25,200
 That's in our backup.

746
00:51:25,200 --> 00:51:34,360
 So if you see that blue, just south of West University Drive, those are all rural homes

747
00:51:34,360 --> 00:51:37,520
 to the north and across University Drive.

748
00:51:37,520 --> 00:51:42,080
 So what you're saying is that blue, they're going to have to back up another 200 feet?

749
00:51:42,080 --> 00:51:43,080
 The blue is...

750
00:51:43,080 --> 00:51:44,080
 A further 200 feet?

751
00:51:44,080 --> 00:51:47,360
 So I'm sorry, let me try and get the screen here.

752
00:51:47,360 --> 00:51:48,360
 Here we go.

753
00:51:48,360 --> 00:51:55,840
 It wasn't showing earlier, so I want to make sure I have your question correct.

754
00:51:55,840 --> 00:52:01,280
 Mr. Cole, which area?

755
00:52:01,280 --> 00:52:03,840
 The left, the one that's right across from Ranch of States.

756
00:52:03,840 --> 00:52:05,880
 What's the one in our backup?

757
00:52:05,880 --> 00:52:08,840
 I'm looking at the one where West University...

758
00:52:08,840 --> 00:52:10,600
 So Ranch of States is up here.

759
00:52:10,600 --> 00:52:11,600
 Right, right.

760
00:52:11,600 --> 00:52:14,440
 So below that, where that heavy blue is...

761
00:52:14,440 --> 00:52:15,440
 Right here?

762
00:52:15,440 --> 00:52:20,040
 The light, or the head, wherever the HI that we're going to, 140 feet.

763
00:52:20,040 --> 00:52:21,040
 Which is this dark...

764
00:52:21,040 --> 00:52:22,040
 Okay.

765
00:52:22,040 --> 00:52:23,040
 Yeah.

766
00:52:23,040 --> 00:52:24,040
 Okay.

767
00:52:24,040 --> 00:52:30,960
 So I noticed there's a couple of lots there that are homes right to the north of it.

768
00:52:30,960 --> 00:52:33,480
 Right over here along University?

769
00:52:33,480 --> 00:52:34,480
 Yeah.

770
00:52:34,480 --> 00:52:35,480
 Yeah.

771
00:52:35,480 --> 00:52:36,480
 Okay.

772
00:52:36,480 --> 00:52:39,720
 So the zoning district does not look like it's residential.

773
00:52:39,720 --> 00:52:42,880
 No, but there are, I mean, there are homes that are now.

774
00:52:42,880 --> 00:52:43,880
 There are homes, yes.

775
00:52:43,880 --> 00:52:44,880
 So here and now.

776
00:52:44,880 --> 00:52:45,880
 Right.

777
00:52:45,880 --> 00:52:50,960
 So would this, would they have to go 200 feet back from those homes that exist no matter

778
00:52:50,960 --> 00:52:53,320
 what they're zoned, but they're still right now?

779
00:52:53,320 --> 00:52:58,720
 Yeah, the way it reads is adjacent to a zoning district, so that's not a zoning district,

780
00:52:58,720 --> 00:53:03,400
 so the 200 feet, in my opinion, would not, you know, not have to comply.

781
00:53:03,400 --> 00:53:06,160
 However, the buffer requirements will still have to apply.

782
00:53:06,160 --> 00:53:08,320
 And what would that buffer be?

783
00:53:08,320 --> 00:53:13,960
 So right here, so they would have to provide the minimum 50 points, as well as provide

784
00:53:13,960 --> 00:53:18,360
 a minimum of 30 foot setback for that property.

785
00:53:18,360 --> 00:53:22,800
 That is currently a single family detached use.

786
00:53:22,800 --> 00:53:23,800
 Okay.

787
00:53:23,800 --> 00:53:24,800
 Yeah.

788
00:53:24,800 --> 00:53:25,800
 Thank you, Laura.

789
00:53:25,800 --> 00:53:32,240
 Ron, I also want to add, I believe the building transition zone would also apply, so there's

790
00:53:32,240 --> 00:53:34,120
 a step back requirement.

791
00:53:34,120 --> 00:53:37,920
 When you're adjacent to a residential, I wanted to confirm that that would apply here.

792
00:53:37,920 --> 00:53:41,200
 I believe that would also offer protection in this instance.

793
00:53:41,200 --> 00:53:42,200
 Correct.

794
00:53:42,200 --> 00:53:46,680
 So there is also that step setback, and I did not include that here, but setback, the

795
00:53:46,680 --> 00:53:51,400
 one, the major one obviously was a big one, and then also the buffer requirements.

796
00:53:51,400 --> 00:53:52,400
 Okay.

797
00:53:52,400 --> 00:53:55,640
 Ron, I have a question.

798
00:53:55,640 --> 00:54:03,160
 If a property is next to an HI and the property is in the ETJ, would any protections be applied

799
00:54:03,160 --> 00:54:04,640
 to that or no?

800
00:54:04,640 --> 00:54:09,040
 Again, based on the- Let's say the residential use in the ETJ.

801
00:54:09,040 --> 00:54:10,040
 Yeah.

802
00:54:10,040 --> 00:54:14,480
 There'd be no zoning district, right, in the ETJ, however, the use would still apply.

803
00:54:14,480 --> 00:54:16,040
 And so the protection would still be there?

804
00:54:16,040 --> 00:54:22,240
 Yes, because it's used for single family, and that's what we would refer to as a single

805
00:54:22,240 --> 00:54:23,240
 family use.

806
00:54:23,240 --> 00:54:24,240
 Okay.

807
00:54:24,240 --> 00:54:25,240
 All right.

808
00:54:25,240 --> 00:54:30,160
 Any other questions on this item?

809
00:54:30,160 --> 00:54:32,160
 Thanks Ron.

810
00:54:32,160 --> 00:54:33,160
 Okay.

811
00:54:33,160 --> 00:54:40,040
 Our next public hearing item is Z210014.

812
00:54:40,040 --> 00:54:46,660
 This one did have a notification issue and is going to be postponed to a date certain

813
00:54:46,660 --> 00:54:53,680
 of 9/8, so we are not going to hear that item today.

814
00:54:53,680 --> 00:54:57,240
 So that will take us to S210001.

815
00:54:57,240 --> 00:54:59,920
 Hi, Karina.

816
00:54:59,920 --> 00:55:00,920
 Hi.

817
00:55:00,920 --> 00:55:17,800
 Just give me one second to make sure we're still not sharing.

818
00:55:17,800 --> 00:55:38,360
 All right, there you go.

819
00:55:38,360 --> 00:55:48,160
 All right, so the item today is S210001, Pebblebrook Parkside.

820
00:55:48,160 --> 00:55:55,040
 So the request tonight is for a specific use permit to allow multifamily dwellings on a-

821
00:55:55,040 --> 00:56:00,560
 the subject site is approximately 9.92 acres, and that's shown here on the east side of

822
00:56:00,560 --> 00:56:05,760
 Loop 288, just about 300 feet south of East McKinney Street.

823
00:56:05,760 --> 00:56:10,120
 The site is located within the suburban corridor district.

824
00:56:10,120 --> 00:56:14,600
 So first, we'll go over the site plan.

825
00:56:14,600 --> 00:56:23,080
 So the proposed development includes six, three, and four-story buildings and one clubhouse.

826
00:56:23,080 --> 00:56:29,000
 So the three-story buildings would be these two along the frontage of Loop 288, as well

827
00:56:29,000 --> 00:56:34,640
 as these three buildings here on the east side interior to the lot.

828
00:56:34,640 --> 00:56:40,400
 So just to orient you, north is on this side, so right now you're looking at it sideways.

829
00:56:40,400 --> 00:56:44,560
 And then the four-story building would be on the north side of the property.

830
00:56:44,560 --> 00:56:48,360
 So the request includes 216 dwelling units.

831
00:56:48,360 --> 00:56:52,600
 That includes one, two, and three-bedroom units.

832
00:56:52,600 --> 00:56:56,360
 Associated with this is 300 parking spaces.

833
00:56:56,360 --> 00:57:03,120
 That includes a parking alternative to allow a reduction in the minimum parking spaces

834
00:57:03,120 --> 00:57:05,000
 for this development.

835
00:57:05,000 --> 00:57:11,560
 Those alternatives include a reduction for affordable housing, bicycle substitutions,

836
00:57:11,560 --> 00:57:17,700
 as well as reduction of parking based on tree preservation.

837
00:57:17,700 --> 00:57:23,600
 So all of that incorporated, that comes to the 300 minimum parking spaces that are shown

838
00:57:23,600 --> 00:57:30,480
 on the site plan, as well as 111 bicycle spaces, and that includes the bicycle spaces that

839
00:57:30,480 --> 00:57:36,040
 are required at a minimum as well as those that are part of the substitution.

840
00:57:36,040 --> 00:57:42,480
 In addition, the developer is proposing a 12-foot side path along south Loop 288, that

841
00:57:42,480 --> 00:57:47,520
 is this bold orange line on the east side of Loop 288.

842
00:57:47,520 --> 00:57:53,560
 That is increased width from the minimum of five feet along the primary arterial.

843
00:57:53,560 --> 00:58:03,320
 They're also showing connections from that 12-foot side path into the site to allow pedestrian

844
00:58:03,320 --> 00:58:06,320
 and bicycle access into these buildings.

845
00:58:06,320 --> 00:58:10,760
 You can see that there's connections from that sidewalk directly to the buildings along

846
00:58:10,760 --> 00:58:17,240
 the frontage, as well as circulation to get to parking in the buildings in the rear.

847
00:58:17,240 --> 00:58:21,400
 With the development, they are proposing two driveway connections.

848
00:58:21,400 --> 00:58:28,960
 So one at the southern portion of the property, and one just north of central of that property.

849
00:58:28,960 --> 00:58:34,240
 So the southern driveway entrance is a full-axis driveway.

850
00:58:34,240 --> 00:58:37,880
 There is a light signal that you can see there, and we'll talk about it more later in the

851
00:58:37,880 --> 00:58:40,140
 presentation.

852
00:58:40,140 --> 00:58:46,220
 That is shown as the traffic signal that came in with the SUP for the Denton Grove.

853
00:58:46,220 --> 00:58:49,240
 You saw the final plaque for that item today.

854
00:58:49,240 --> 00:58:54,000
 That multifamily development is located on the west side, directly adjacent to this,

855
00:58:54,000 --> 00:58:56,760
 on the west side of Loop 288.

856
00:58:56,760 --> 00:59:04,960
 So that will allow for turn-in movements from Dutchess into the property, as well as all

857
00:59:04,960 --> 00:59:07,840
 other movements into that driveway.

858
00:59:07,840 --> 00:59:12,520
 So the northern driveway is a limited three-fourth access driveway.

859
00:59:12,520 --> 00:59:19,520
 So turn movements would include right in and right out, as well as a hooded left turn.

860
00:59:19,520 --> 00:59:26,800
 So that would be for traffic coming southbound on Loop 288 into the property.

861
00:59:26,800 --> 00:59:34,840
 And last, I wanted to point out, aerial fire access would be provided off of Loop 288.

862
00:59:34,840 --> 00:59:40,900
 That is to provide that aerial access to the four-story building on the north side.

863
00:59:40,900 --> 00:59:45,000
 They were unable to provide that internal to the site.

864
00:59:45,000 --> 00:59:52,520
 So they did work with the fire department to allow two 45-foot rollback curves.

865
00:59:52,520 --> 00:59:55,320
 That would include grass pavers and reinforced concrete.

866
00:59:55,320 --> 01:00:00,140
 So that would be over the 12-foot side path.

867
01:00:00,140 --> 01:00:04,480
 So that portion would be reinforced so that the trucks would be able to go in during emergency

868
01:00:04,480 --> 01:00:06,920
 access only.

869
01:00:06,920 --> 01:00:10,680
 And then last, because I'll talk about it in the next slide, it's a little hard to

870
01:00:10,680 --> 01:00:14,520
 see, but there's this hot pink lines that you'll see.

871
01:00:14,520 --> 01:00:21,120
 That is some sound fencing that they're proposing, just to ensure that there's that noise reduction

872
01:00:21,120 --> 01:00:24,880
 to the tenants of the site.

873
01:00:24,880 --> 01:00:28,040
 So next, I'll just go over the landscape plan just briefly.

874
01:00:28,040 --> 01:00:32,080
 Overall, they are proposing enhanced landscaping.

875
01:00:32,080 --> 01:00:39,660
 So above the minimum requirements, they are proposing 40% landscape area, 38% tree canopy.

876
01:00:39,660 --> 01:00:44,920
 That includes street trees along South Loop 288 on the east side.

877
01:00:44,920 --> 01:00:47,960
 They are proposed at alternative plant locations.

878
01:00:47,960 --> 01:00:53,900
 That is due to some easements and water lines along the frontage.

879
01:00:53,900 --> 01:01:01,280
 So they have proposed ornamental trees where there is no obstruction of those lines.

880
01:01:01,280 --> 01:01:08,580
 They're also proposing right-of-way screening in areas where you can see front parking.

881
01:01:08,580 --> 01:01:11,440
 So this is above what they're required to do.

882
01:01:11,440 --> 01:01:15,840
 Since the parking is not actually front parking, it's set back past the building line.

883
01:01:15,840 --> 01:01:20,480
 However, they are still screening it with continuous shrubs between the building and

884
01:01:20,480 --> 01:01:27,160
 Loop 288, as well as on that southern portion of the site.

885
01:01:27,160 --> 01:01:33,560
 They are also required to provide large canopy trees within the parking area.

886
01:01:33,560 --> 01:01:37,760
 So that would be within any end caps and any parking lot islands.

887
01:01:37,760 --> 01:01:42,900
 They have provided those as well as additional trees that are drought resistant and would

888
01:01:42,900 --> 01:01:47,240
 be planted at a higher caliper than required.

889
01:01:47,240 --> 01:01:51,880
 So I did mention the sound fence that they're proposing as added screening and noise reduction.

890
01:01:51,880 --> 01:01:56,960
 Overall, they are exceeding minimum tree preservation by about 10%.

891
01:01:56,960 --> 01:02:04,200
 And they're also setting aside some open space areas for passive and active recreation.

892
01:02:04,200 --> 01:02:10,600
 So as you can see, these dark blue areas on the site, those are ESA.

893
01:02:10,600 --> 01:02:18,440
 So floodplain ESA to the south, a riparian buffer that snakes through the northeast side.

894
01:02:18,440 --> 01:02:23,160
 So they are staying out of those areas, but they are showing open space adjacent and a

895
01:02:23,160 --> 01:02:27,120
 central gathering area.

896
01:02:27,120 --> 01:02:30,160
 So I'll just briefly go over the conceptual elevations.

897
01:02:30,160 --> 01:02:36,080
 On the left side of the screen, you'll see the front and rear elevation for the clubhouse.

898
01:02:36,080 --> 01:02:42,120
 On the top right corner, you'll see the front and rear elevation for those buildings that

899
01:02:42,120 --> 01:02:44,440
 are along Loop 288.

900
01:02:44,440 --> 01:02:50,160
 And then the elevation on the bottom corner is the front and rear elevation for those

901
01:02:50,160 --> 01:02:53,140
 buildings that are actually more interior to the site.

902
01:02:53,140 --> 01:02:58,560
 So you'll see the staircases that is actually interior, so it won't be emphasized along

903
01:02:58,560 --> 01:03:01,680
 Loop 288.

904
01:03:01,680 --> 01:03:05,680
 And then the next elevation is for the four-story building.

905
01:03:05,680 --> 01:03:13,840
 This is the front and rear elevation for that four-story building along South Loop 288.

906
01:03:13,840 --> 01:03:15,860
 So I'll go over the general approval criteria.

907
01:03:15,860 --> 01:03:21,880
 I'm just going to go over the ones highlighted as well as the highlighted areas for the SUP

908
01:03:21,880 --> 01:03:25,600
 criteria for approval.

909
01:03:25,600 --> 01:03:28,720
 So first, we'll talk about Denton Plan 2030.

910
01:03:28,720 --> 01:03:34,800
 So the site is primarily designated as community mixed use, that is, this pink area that you'll

911
01:03:34,800 --> 01:03:40,760
 see that extends to the north and to the east of this property.

912
01:03:40,760 --> 01:03:46,240
 Community mixed use is intended to promote a mix of uses, which predominantly includes

913
01:03:46,240 --> 01:03:52,520
 commercial, but we're moderate and high-density residential, as well as services and other

914
01:03:52,520 --> 01:03:57,520
 uses that are complementary to that commercial are allowed.

915
01:03:57,520 --> 01:04:01,800
 So this is consistent or this development is consistent with the goals of the community

916
01:04:01,800 --> 01:04:04,360
 mixed use designation.

917
01:04:04,360 --> 01:04:11,040
 So while the site itself or the proposal itself does have a high density at 21 dwelling units

918
01:04:11,040 --> 01:04:16,960
 per acre, if we look at the community mixed use designation as a whole, that includes

919
01:04:16,960 --> 01:04:23,840
 existing multifamily, those projects that have been approved, combined with this proposal,

920
01:04:23,840 --> 01:04:30,240
 they would still remain within five dwelling units per acre, which still, it meets the

921
01:04:30,240 --> 01:04:35,720
 intent of that supportive residential commercial.

922
01:04:35,720 --> 01:04:44,600
 Second, talking about the goal CC4, which indicates that this area is near a corridor

923
01:04:44,600 --> 01:04:50,520
 or focus area, and so that encourages the use of multimodal transportation.

924
01:04:50,520 --> 01:04:56,360
 As mentioned earlier, the site or the development is proposing those internal pedestrian connections

925
01:04:56,360 --> 01:05:02,200
 with that 12-foot side path that would allow them to connect to existing transit.

926
01:05:02,200 --> 01:05:08,880
 Even though transit in Denton County or Denton is set to be discontinued in December, they

927
01:05:08,880 --> 01:05:14,760
 still will have access to that on-demand service provided by DCTA.

928
01:05:14,760 --> 01:05:19,240
 They've also provided those parking reductions, increased landscaping, they're providing some

929
01:05:19,240 --> 01:05:28,400
 design elements from Table 4.1 of the comprehensive plan, and also having that pedestrian or bicycle

930
01:05:28,400 --> 01:05:35,000
 connections to the parking open space to the south that I'll talk about just here shortly.

931
01:05:35,000 --> 01:05:40,800
 And last, when we talk about the comprehensive plan addressing goal HN1, the proposed development

932
01:05:40,800 --> 01:05:46,680
 does further efforts to expand the availability of affordable housing choices for community

933
01:05:46,680 --> 01:05:52,800
 members most in need, including those with low income.

934
01:05:52,800 --> 01:05:56,240
 So next we'll talk about compatibility with the surrounding area.

935
01:05:56,240 --> 01:06:02,640
 So as I mentioned, within this land use designation and this zoning district, this is predominantly

936
01:06:02,640 --> 01:06:05,680
 for commercial uses.

937
01:06:05,680 --> 01:06:11,960
 So the multi-family use is permitted in SE with this specific use permit.

938
01:06:11,960 --> 01:06:15,640
 As you'll see around it, there are existing commercial, I've kind of highlighted them

939
01:06:15,640 --> 01:06:17,440
 generally in purple.

940
01:06:17,440 --> 01:06:21,240
 So you'll see immediately adjacent, there are commercial uses.

941
01:06:21,240 --> 01:06:27,000
 There are also undeveloped properties that are shown to the east, north, and west.

942
01:06:27,000 --> 01:06:31,240
 I do want to highlight though that even though it's currently undeveloped, there are some

943
01:06:31,240 --> 01:06:36,540
 projects that are either have been approved or are in the development process.

944
01:06:36,540 --> 01:06:41,360
 That would include the multi-family project to the west, that is Denton Grove.

945
01:06:41,360 --> 01:06:46,680
 To the south, there is some office indoor recreational uses coming through for development,

946
01:06:46,680 --> 01:06:49,360
 as well as more commercial to the north.

947
01:06:49,360 --> 01:06:53,900
 And then of course, there's an existing multi-family on the east side of the property.

948
01:06:53,900 --> 01:06:58,880
 And then to the south is that Pebblebrook open space that we'll talk about later.

949
01:06:58,880 --> 01:07:03,040
 I do have mentioned that staff is going to recommend a condition related to that open

950
01:07:03,040 --> 01:07:09,520
 space and I'll get to it in the next couple of slides.

951
01:07:09,520 --> 01:07:15,320
 So as I've mentioned a couple of times, there is ESA and Floodplain on this property, showing

952
01:07:15,320 --> 01:07:20,780
 you again, those areas that snake through on the northeast side and to the south.

953
01:07:20,780 --> 01:07:24,260
 That is riparian buffer and floodplain ESA.

954
01:07:24,260 --> 01:07:30,400
 There is a bit of zone X on the northeast side, just on that southern portion of riparian

955
01:07:30,400 --> 01:07:31,400
 buffer.

956
01:07:31,400 --> 01:07:37,800
 So overall, there's approximately 1.92 acres covered on this property that includes FEMA

957
01:07:37,800 --> 01:07:39,960
 floodplain and ESA.

958
01:07:39,960 --> 01:07:45,760
 And as you can see with the proposed site plan, they are remaining entirely out of this

959
01:07:45,760 --> 01:07:46,880
 area.

960
01:07:46,880 --> 01:07:53,800
 However, there are two areas where they come just very close to that buffer line.

961
01:07:53,800 --> 01:07:56,080
 I've highlighted them in red.

962
01:07:56,080 --> 01:08:04,600
 So the parking area to the north, the parking space comes right up to the buffer line and

963
01:08:04,600 --> 01:08:10,360
 on one of the buildings, I believe it's about seven to 10 feet from that.

964
01:08:10,360 --> 01:08:15,320
 So while they do maintain that they are outside of the riparian area, staff just wants to

965
01:08:15,320 --> 01:08:25,320
 add that additional level of support to ensure that once this project moves forward in the

966
01:08:25,320 --> 01:08:30,160
 development process, if it were to be identified that in order to develop the site, they would

967
01:08:30,160 --> 01:08:36,040
 need to have some sort of encroachment, that we kind of address that by adding a condition

968
01:08:36,040 --> 01:08:41,640
 of approval, ensuring that an alternative ESA would need to be approved in order for

969
01:08:41,640 --> 01:08:43,920
 this site plan to remain as is.

970
01:08:43,920 --> 01:08:50,240
 So that's just that added level of just security to ensure that there's no adverse impact to

971
01:08:50,240 --> 01:08:52,800
 the ESA.

972
01:08:52,800 --> 01:09:01,600
 As I mentioned, tree preservation is being maintained along the outside area of the ESA.

973
01:09:01,600 --> 01:09:07,080
 They're also maintaining that area for active and passive recreation.

974
01:09:07,080 --> 01:09:13,520
 While we do allow in our code to have ESAs as part of our open space, we do allow for

975
01:09:13,520 --> 01:09:17,940
 them to be "focal points" in our design.

976
01:09:17,940 --> 01:09:23,880
 We do want to ensure that those areas are not negatively impacted by the use of future

977
01:09:23,880 --> 01:09:24,880
 residents.

978
01:09:24,880 --> 01:09:31,160
 So staff is also recommending a condition to ensure that those ESAs are protected through

979
01:09:31,160 --> 01:09:37,400
 signage that is indicated in our ESA primer, and I'll get to the language specifically

980
01:09:37,400 --> 01:09:42,600
 later in the presentation.

981
01:09:42,600 --> 01:09:48,800
 So next, talking about adequate public facilities, and first, of course, traffic.

982
01:09:48,800 --> 01:09:55,520
 So the development will generate a net increase of 1,175 daily trips, and that includes 78

983
01:09:55,520 --> 01:09:59,560
 morning peak trips and 95 evening trips.

984
01:09:59,560 --> 01:10:04,960
 So as was indicated in the traffic impact analysis, this development alone does not

985
01:10:04,960 --> 01:10:11,400
 warrant a traffic signal, however, combined with the approved multifamily to the west,

986
01:10:11,400 --> 01:10:15,400
 which is the Denton Grove, a traffic signal would be warranted.

987
01:10:15,400 --> 01:10:21,720
 So because of that, the TIA was conditionally approved to ensure that the applicant or the

988
01:10:21,720 --> 01:10:28,200
 developer identify what their proportional cost for that signal would be.

989
01:10:28,200 --> 01:10:34,840
 So staff did carry over the condition from the TIA onto the SUP to ensure that, again,

990
01:10:34,840 --> 01:10:42,360
 the proportional cost of the signal based on the proportional impact would be assessed.

991
01:10:42,360 --> 01:10:49,400
 So speaking about the traffic on South Loop 288, that is a six-lane divided primary arterial,

992
01:10:49,400 --> 01:10:51,640
 which is fully built by TxDOT.

993
01:10:51,640 --> 01:10:59,760
 However, as part of this development, to increase the safety of pedestrians on site, the development

994
01:10:59,760 --> 01:11:04,880
 does propose a 12-foot, again, side path along South Loop 288.

995
01:11:04,880 --> 01:11:10,000
 Again, that is a five-foot minimum required along the primary arterial, as well as that

996
01:11:10,000 --> 01:11:15,920
 hooded left turn on South Loop 288 and that three-fourth access.

997
01:11:15,920 --> 01:11:19,560
 So adequate water and wastewater are available to the site.

998
01:11:19,560 --> 01:11:25,920
 I won't go into the specifics of the lines, the width of the lines, but they will be required

999
01:11:25,920 --> 01:11:31,120
 to extend both water and wastewater in order to serve the development.

1000
01:11:31,120 --> 01:11:37,000
 And then any impact fees would be assessed at platting and civil engineering plans.

1001
01:11:37,000 --> 01:11:42,680
 Fire access is available via Fire Station 2, located on Mockingbird Lane.

1002
01:11:42,680 --> 01:11:46,000
 So that's less than an eight-minute response time.

1003
01:11:46,000 --> 01:11:50,240
 It's just kind of northeast, just past the light.

1004
01:11:50,240 --> 01:11:54,080
 And then, as I mentioned earlier, they will provide that aerial access to the four-story

1005
01:11:54,080 --> 01:11:58,560
 building off of South Loop 288.

1006
01:11:58,560 --> 01:12:03,720
 So we did contact DISD regarding the number of students generated, or that would be generated

1007
01:12:03,720 --> 01:12:07,040
 from this affordable housing project.

1008
01:12:07,040 --> 01:12:14,880
 So approximately 65 elementary students for Rivera Elementary, 24 middle school students

1009
01:12:14,880 --> 01:12:19,120
 to Meyer Middle School, and 35 high school students to Ryan.

1010
01:12:19,120 --> 01:12:26,760
 DISD did indicate that the increase in students could be accommodated, even though there is

1011
01:12:26,760 --> 01:12:31,160
 kind of a significant number of students that would be generated by this development and

1012
01:12:31,160 --> 01:12:35,660
 the adjacent Grove project.

1013
01:12:35,660 --> 01:12:39,760
 And so speaking about parks, I know I mentioned it a couple times and said I was going to

1014
01:12:39,760 --> 01:12:44,440
 talk about it later, the Pebblebrook Open Space is located, again, directly adjacent

1015
01:12:44,440 --> 01:12:45,440
 to this property.

1016
01:12:45,440 --> 01:12:51,060
 However, it has not yet been developed by Parks and Rec.

1017
01:12:51,060 --> 01:12:55,120
 And I believe the last time we spoke, the development was looking to be about three

1018
01:12:55,120 --> 01:12:57,240
 or five years out.

1019
01:12:57,240 --> 01:13:03,560
 So our development code does indicate that a development should connect to any existing

1020
01:13:03,560 --> 01:13:04,960
 or future trails.

1021
01:13:04,960 --> 01:13:10,640
 However, since the Bike Master Plan indicates a trail through Pecan Creek but doesn't have

1022
01:13:10,640 --> 01:13:15,520
 design plans for it yet, staff did want to ensure that there was a connection in the

1023
01:13:15,520 --> 01:13:16,520
 future.

1024
01:13:16,520 --> 01:13:22,600
 And we did also receive some feedback from City Council due to a related project.

1025
01:13:22,600 --> 01:13:27,800
 So if you remember, the Legacy Multifamily Project off East McKinney, they also had a

1026
01:13:27,800 --> 01:13:32,960
 condition added at City Council to add the connection to the future trail.

1027
01:13:32,960 --> 01:13:38,120
 So we've carried that over to this project as well to ensure that the developer works

1028
01:13:38,120 --> 01:13:43,960
 with Parks to find that appropriate connection and then add that to their civil engineering

1029
01:13:43,960 --> 01:13:46,600
 plans and on.

1030
01:13:46,600 --> 01:13:49,000
 So in addition to that, they do provide on-site amenities.

1031
01:13:49,000 --> 01:13:50,720
 I won't go into them.

1032
01:13:50,720 --> 01:13:55,680
 I did speak about them earlier, so I'll just move on.

1033
01:13:55,680 --> 01:13:59,000
 So we did notice this project.

1034
01:13:59,000 --> 01:14:04,100
 As you can see, within the 200-foot area, we did issue out 11 notices.

1035
01:14:04,100 --> 01:14:09,720
 But within the 500 area, you'll see that the notices jumped up to 301.

1036
01:14:09,720 --> 01:14:14,580
 That's because those notices were based off the utility address for multifamilies.

1037
01:14:14,580 --> 01:14:16,920
 So as you can see, there's a lot of units there.

1038
01:14:16,920 --> 01:14:19,400
 So there was a large number in notification.

1039
01:14:19,400 --> 01:14:22,240
 However, we only received one response.

1040
01:14:22,240 --> 01:14:23,700
 It was in favor.

1041
01:14:23,700 --> 01:14:28,960
 That is the property located at the corner on Dutchess.

1042
01:14:28,960 --> 01:14:33,040
 Two virtual neighborhood meetings were held for this development on June 30th and July

1043
01:14:33,040 --> 01:14:34,040
 1st.

1044
01:14:34,040 --> 01:14:36,400
 However, only one person was attendance.

1045
01:14:36,400 --> 01:14:41,200
 The meeting was recorded though, so if anybody reached out, the developer did have that recording

1046
01:14:41,200 --> 01:14:43,200
 to provide to them.

1047
01:14:43,200 --> 01:14:46,200
 And you have to excuse me.

1048
01:14:46,200 --> 01:14:51,720
 This mask is making it a little bit harder for me to read today, so I'm gasping a bit.

1049
01:14:51,720 --> 01:14:53,400
 A lot of language, so bear with me.

1050
01:14:53,400 --> 01:14:57,760
 So staff is recommending approval with the following conditions.

1051
01:14:57,760 --> 01:15:01,200
 First, I won't read through the whole condition entirely.

1052
01:15:01,200 --> 01:15:07,260
 This is a standard landscape condition to allow us to have that ability to make some

1053
01:15:07,260 --> 01:15:13,280
 minor changes based on what is provided for you today.

1054
01:15:13,280 --> 01:15:18,980
 The second condition is related to that alternative ESA.

1055
01:15:18,980 --> 01:15:23,920
 So as we mentioned, there are the two areas near the ESA where they are not encroaching,

1056
01:15:23,920 --> 01:15:30,120
 but they are within 10 feet, and we want to ensure that any encroachment would be approved

1057
01:15:30,120 --> 01:15:31,900
 by an alternative ESA.

1058
01:15:31,900 --> 01:15:34,600
 So that's the second condition that's on there.

1059
01:15:34,600 --> 01:15:37,800
 Third is in regards to ESA protection.

1060
01:15:37,800 --> 01:15:42,040
 So that's an additional protection from that encroachment.

1061
01:15:42,040 --> 01:15:47,120
 So any open spaces that have been set aside for active and passive recreation and that

1062
01:15:47,120 --> 01:15:53,640
 are located adjacent to the ESA shall incorporate permanent signage designed to promote the

1063
01:15:53,640 --> 01:15:56,040
 benefits of preserving ESAs.

1064
01:15:56,040 --> 01:16:02,480
 And so the language for these signs could be found in the City of Denton's ESA primer.

1065
01:16:02,480 --> 01:16:09,960
 So that is again to ensure that any residents of this development would not litter or encroach

1066
01:16:09,960 --> 01:16:20,240
 into the area, and so those signs would help educate the residents of this development.

1067
01:16:20,240 --> 01:16:22,700
 And then fourth, trail connectivity.

1068
01:16:22,700 --> 01:16:30,120
 So again, this was a request for a previous development from City Council that also related

1069
01:16:30,120 --> 01:16:31,720
 to this property.

1070
01:16:31,720 --> 01:16:35,800
 So we are requesting that the developer coordinate with the City of Denton's Parks Department

1071
01:16:35,800 --> 01:16:41,400
 to identify the location of a future trail connection on their civil engineering plans

1072
01:16:41,400 --> 01:16:46,720
 from their site to the Pebblebrook open space that is located to the south.

1073
01:16:46,720 --> 01:16:50,280
 And then fifth, related to the traffic signal.

1074
01:16:50,280 --> 01:16:57,680
 So while the traffic signal is being provided by the adjacent property, this development

1075
01:16:57,680 --> 01:17:01,000
 does have a proportional cost associated with it.

1076
01:17:01,000 --> 01:17:06,560
 So we are requesting that the developer prepare and submit a proportionality assessment to

1077
01:17:06,560 --> 01:17:11,680
 the city engineer for the cost of the traffic signal design required at the intersection

1078
01:17:11,680 --> 01:17:14,300
 of Dutchess Drive and South Loop 288.

1079
01:17:14,300 --> 01:17:19,200
 So they would pay the cost for such improvements prior to the issuance of any permit in the

1080
01:17:19,200 --> 01:17:25,120
 amount that does not exceed their rough proportionality to the impacts of the proposed development.

1081
01:17:25,120 --> 01:17:29,080
 And then the next two conditions are kind of standard, making sure that this would go

1082
01:17:29,080 --> 01:17:36,560
 on our zoning map, allowing administrative approvals to make some minor modifications

1083
01:17:36,560 --> 01:17:38,360
 to the site plan.

1084
01:17:38,360 --> 01:17:43,840
 And then attached with that, anything attached to the ordinance, which includes a site plan,

1085
01:17:43,840 --> 01:17:47,480
 landscape plan, and sample building would be attached to the ordinance, and so this

1086
01:17:47,480 --> 01:17:51,760
 is just a breakdown of those elements.

1087
01:17:51,760 --> 01:17:59,200
 And with that, I can answer any questions, but just give me a break to breathe.

1088
01:17:59,200 --> 01:18:01,560
 Any questions for Carina?

1089
01:18:01,560 --> 01:18:02,560
 Commissioner Pruitt?

1090
01:18:02,560 --> 01:18:03,560
 Thank you, Chair.

1091
01:18:03,560 --> 01:18:10,200
 First of all, thank you for all the comprehensive view of this project.

1092
01:18:10,200 --> 01:18:16,480
 Just out of curiosity, I noticed that on the, I guess you called it a side path or the plat

1093
01:18:16,480 --> 01:18:20,840
 I think calls it as a sidewalk with a 12 foot path along the western edge.

1094
01:18:20,840 --> 01:18:23,800
 It looked like the landscaping plan has trees in the middle of that.

1095
01:18:23,800 --> 01:18:24,800
 Is that accurate?

1096
01:18:24,800 --> 01:18:25,800
 Yes, that's correct.

1097
01:18:25,800 --> 01:18:32,040
 So with the street tree location, there is, there were some, some like water lines, sewer

1098
01:18:32,040 --> 01:18:35,360
 lines that kind of limited where they could be placed.

1099
01:18:35,360 --> 01:18:46,400
 Since the sidewalk is about 12 feet, we approved them to use tree wells within that side path.

1100
01:18:46,400 --> 01:18:52,680
 So there is sufficient space to allow the tree well and have, you know, passers by still

1101
01:18:52,680 --> 01:18:56,560
 be able to sufficiently walk around that area.

1102
01:18:56,560 --> 01:19:01,400
 So I believe there's about six feet of added space outside the tree well.

1103
01:19:01,400 --> 01:19:06,400
 So it will have basically a variable 12 foot along loop 288.

1104
01:19:06,400 --> 01:19:10,880
 So where the trees are located, it might be reduced down to six feet, and then it'll go

1105
01:19:10,880 --> 01:19:13,240
 back to 12 where there are no trees.

1106
01:19:13,240 --> 01:19:14,240
 Okay.

1107
01:19:14,240 --> 01:19:18,640
 I guess is there something specific about the easement configuration between there and

1108
01:19:18,640 --> 01:19:24,920
 the buildings that precludes a sidewalk from coming further from the road?

1109
01:19:24,920 --> 01:19:25,920
 Yes.

1110
01:19:25,920 --> 01:19:30,160
 So, so the side path would need to be within the right of way.

1111
01:19:30,160 --> 01:19:38,080
 There is just based on the requirements for where our plantings could be, this is where

1112
01:19:38,080 --> 01:19:46,080
 it kind of landed, so they can't put plantings within so many feet of a water line, five

1113
01:19:46,080 --> 01:19:49,400
 feet, I believe, is what the limit is.

1114
01:19:49,400 --> 01:19:55,080
 So in order to meet both our landscape standards and provide that amenity, they had to kind

1115
01:19:55,080 --> 01:19:57,000
 of keep that push towards the right of way.

1116
01:19:57,000 --> 01:20:01,040
 And this was kind of the best path forward.

1117
01:20:01,040 --> 01:20:02,040
 Okay.

1118
01:20:02,040 --> 01:20:05,440
 And there's, yeah, I trust staff on that.

1119
01:20:05,440 --> 01:20:11,960
 I just when I see high speed roadways and I see sidewalks right next to them, I get nervous.

1120
01:20:11,960 --> 01:20:18,320
 So I was just wondering whether this development or other ones like this had the option of

1121
01:20:18,320 --> 01:20:24,080
 choosing to put the sidewalk more interior and leave a buffer space with trees between

1122
01:20:24,080 --> 01:20:26,520
 the sidewalk and the roadway.

1123
01:20:26,520 --> 01:20:30,960
 So, I don't know.

1124
01:20:30,960 --> 01:20:32,640
 Thank you.

1125
01:20:32,640 --> 01:20:33,640
 Anybody else?

1126
01:20:33,640 --> 01:20:37,600
 Corinne, I have just a couple of questions.

1127
01:20:37,600 --> 01:20:42,800
 So who's actually in charge of installing the light, I assume, TxDOT, the traffic signal

1128
01:20:42,800 --> 01:20:44,240
 at Dutchess?

1129
01:20:44,240 --> 01:20:50,120
 I believe it's a combination of the city and the developer and TxDOT.

1130
01:20:50,120 --> 01:20:53,600
 So there is a TxDOT permit that would be required.

1131
01:20:53,600 --> 01:20:57,560
 I believe the city's involved with that.

1132
01:20:57,560 --> 01:21:01,840
 And the city would acquire the funds to put it in.

1133
01:21:01,840 --> 01:21:04,520
 So the city would install, I believe, or they're their consultant.

1134
01:21:04,520 --> 01:21:09,160
 I'm not too familiar on how it works, but I believe it's a combination of entities that

1135
01:21:09,160 --> 01:21:12,240
 will work together to have that installed.

1136
01:21:12,240 --> 01:21:14,600
 And is there a timeline on that?

1137
01:21:14,600 --> 01:21:16,680
 I am not aware of a timeline.

1138
01:21:16,680 --> 01:21:22,000
 I do know that it's tied more to the Denton Grove project.

1139
01:21:22,000 --> 01:21:24,360
 As you can see, the final plaque came through.

1140
01:21:24,360 --> 01:21:33,080
 I believe that they would have to have funds in place within their escrow account.

1141
01:21:33,080 --> 01:21:36,920
 And I believe it would be tied to when building permits are issued.

1142
01:21:36,920 --> 01:21:40,400
 I don't have that answer, though, and I think Haley and I can get someone to answer that

1143
01:21:40,400 --> 01:21:43,360
 for us tonight.

1144
01:21:43,360 --> 01:21:50,680
 Next one, I assume all the conditions have been discussed with the applicant and are

1145
01:21:50,680 --> 01:21:51,680
 understood.

1146
01:21:51,680 --> 01:21:52,680
 Yes.

1147
01:21:52,680 --> 01:21:56,800
 And my final question is to speak for the four-legged friends out there.

1148
01:21:56,800 --> 01:22:03,200
 I didn't see any kind of dog park or pet area on the site plan and on a high-speed roadway

1149
01:22:03,200 --> 01:22:05,000
 like that.

1150
01:22:05,000 --> 01:22:12,960
 I would like there to be a place for those creatures to be inside of the development.

1151
01:22:12,960 --> 01:22:14,000
 So was that discussed at all?

1152
01:22:14,000 --> 01:22:17,240
 I'm just surprised to not see it on a site this large.

1153
01:22:17,240 --> 01:22:18,400
 That was not discussed.

1154
01:22:18,400 --> 01:22:22,840
 Typically, when some of these projects come in, it's the developer themselves that proposes

1155
01:22:22,840 --> 01:22:26,000
 the dog park rather than a staff request.

1156
01:22:26,000 --> 01:22:30,520
 The applicant will be here tonight, so I think that's a question that we could pose to them.

1157
01:22:30,520 --> 01:22:36,120
 I do want to point out the -- I think it's about 17% of the land area is dedicated to

1158
01:22:36,120 --> 01:22:42,000
 open space, so there's certainly an area that they could propose it or, you know, provide

1159
01:22:42,000 --> 01:22:43,000
 the receptacles.

1160
01:22:43,000 --> 01:22:44,000
 Okay.

1161
01:22:44,000 --> 01:22:45,000
 I'll ask.

1162
01:22:45,000 --> 01:22:46,000
 Yeah.

1163
01:22:46,000 --> 01:22:47,000
 Okay.

1164
01:22:47,000 --> 01:22:48,000
 Thank you.

1165
01:22:48,000 --> 01:22:49,000
 Anyone else?

1166
01:22:49,000 --> 01:22:50,000
 Okay.

1167
01:22:50,000 --> 01:22:51,000
 Thanks, Karina.

1168
01:22:51,000 --> 01:22:52,000
 I appreciate it.

1169
01:22:52,000 --> 01:22:58,920
 That is everything on our agenda, so I will close our work session at 6 o'clock and we

1170
01:22:58,920 --> 01:23:04,520
 will reconvene for our public meeting at 630.

1171
01:23:04,520 --> 01:23:08,360
 Good evening, everyone, and welcome to the City of Denton's Planning and Zoning Commission

1172
01:23:08,360 --> 01:23:12,640
 meeting for Wednesday, August 18th, 2021.

1173
01:23:12,640 --> 01:23:15,040
 This is our regular meeting.

1174
01:23:15,040 --> 01:23:20,280
 Let the record show that Chair Rozelle and Commissioner Smith are absent this evening.

1175
01:23:20,280 --> 01:23:28,840
 Our first item on our agenda is to pledge allegiance to the U.S. and Texas flag.

1176
01:23:28,840 --> 01:23:34,280
 I pledge allegiance to the flag of the United States of America and to the republic for

1177
01:23:34,280 --> 01:23:42,280
 which it stands, one nation under God, indivisible, with liberty and justice for all.

1178
01:23:42,280 --> 01:23:54,480
 On the Texas flag, I pledge allegiance to the Texas, one state, under God, one and indivisible.

1179
01:23:54,480 --> 01:24:03,040
 To clarify a bit for our agenda changes tonight, item 4C has been withdrawn and we will take

1180
01:24:03,040 --> 01:24:10,920
 no action on that tonight, and in our public hearing section, 5B is being postponed and

1181
01:24:10,920 --> 01:24:14,520
 will not be heard tonight.

1182
01:24:14,520 --> 01:24:23,240
 And with that, we will go to our item 2, which is considered of minutes for July 28th and

1183
01:24:23,240 --> 01:24:25,200
 August 4th.

1184
01:24:25,200 --> 01:24:27,840
 Chair will entertain a motion.

1185
01:24:27,840 --> 01:24:28,840
 Commissioner Cole?

1186
01:24:28,840 --> 01:24:33,240
 I make a motion to approve.

1187
01:24:33,240 --> 01:24:36,360
 Use your board.

1188
01:24:36,360 --> 01:24:37,360
 Commissioner Pruitt?

1189
01:24:37,360 --> 01:24:38,360
 I second.

1190
01:24:38,360 --> 01:24:41,520
 We have a motion for approval.

1191
01:24:41,520 --> 01:24:44,200
 With a second, any discussion?

1192
01:24:44,200 --> 01:24:52,740
 Let's take a vote on the board, please.

1193
01:24:52,740 --> 01:24:53,740
 That motion carries.

1194
01:24:53,740 --> 01:24:57,200
 It should have been 5.

1195
01:24:57,200 --> 01:25:04,520
 Somebody did not vote.

1196
01:25:04,520 --> 01:25:19,680
 Chair McDade did not vote on that.

1197
01:25:19,680 --> 01:25:34,840
 Okay, we are going to redo and vote on the board.

1198
01:25:34,840 --> 01:25:38,200
 There was a technical error, so we have a first and a second for approval of the minutes

1199
01:25:38,200 --> 01:25:55,680
 of July 28th and August 4th.

1200
01:25:55,680 --> 01:25:57,680
 Motion carries, 5-0.

1201
01:25:57,680 --> 01:26:00,760
 Thank you.

1202
01:26:00,760 --> 01:26:04,940
 Let's move on to our consent agenda.

1203
01:26:04,940 --> 01:26:12,480
 Chair will entertain discussion or motion on that.

1204
01:26:12,480 --> 01:26:13,480
 Commissioner Pruitt?

1205
01:26:13,480 --> 01:26:14,480
 Move approval.

1206
01:26:14,480 --> 01:26:16,360
 Okay, we have a first for approval.

1207
01:26:16,360 --> 01:26:17,600
 Commissioner Anderson?

1208
01:26:17,600 --> 01:26:18,600
 Second.

1209
01:26:18,600 --> 01:26:22,880
 We have first and a second for approval of the consent agenda this evening.

1210
01:26:22,880 --> 01:26:23,880
 Any discussion?

1211
01:26:23,880 --> 01:26:33,060
 Seeing none, let's call for a vote on the board, please.

1212
01:26:33,060 --> 01:26:36,640
 Motion carries, 5-0.

1213
01:26:36,640 --> 01:26:40,140
 That will move us to our individual consideration items.

1214
01:26:40,140 --> 01:26:44,240
 Our first one is 4A, PF21-0003.

1215
01:26:44,240 --> 01:26:49,480
 I think we are tag teaming Hailey and Julie for this item.

1216
01:26:49,480 --> 01:26:51,440
 Yes, good evening.

1217
01:26:51,440 --> 01:26:54,780
 Hailey Zagorski, Planning Department.

1218
01:26:54,780 --> 01:26:57,600
 Julie is getting this pulled up on the screen.

1219
01:26:57,600 --> 01:27:01,320
 The request before you is a plat extension for Country Club Road Estates.

1220
01:27:01,320 --> 01:27:07,640
 You can see the subject property outlined in yellow on the map.

1221
01:27:07,640 --> 01:27:13,000
 This is a 35.5-acre track located on the east side of Country Club Road.

1222
01:27:13,000 --> 01:27:17,720
 Some of you may remember this request as it's been a project for a couple of years now.

1223
01:27:17,720 --> 01:27:22,600
 The preliminary plat was first approved in September of 2018 and included 73 single family

1224
01:27:22,600 --> 01:27:25,960
 lots and two open space lots.

1225
01:27:25,960 --> 01:27:31,040
 The phase one final plat was approved in August of 2019, and that did extend the lifespan

1226
01:27:31,040 --> 01:27:32,920
 of that preliminary plat initially.

1227
01:27:32,920 --> 01:27:36,560
 The subdivision is zoned R3.

1228
01:27:36,560 --> 01:27:38,800
 This is just a look at the preliminary plat.

1229
01:27:38,800 --> 01:27:40,680
 Again, it contained two phases.

1230
01:27:40,680 --> 01:27:44,260
 It is set to expire on August 21st of this year.

1231
01:27:44,260 --> 01:27:47,560
 Phase one has been final plotted and is under construction.

1232
01:27:47,560 --> 01:27:52,440
 Phase two, they have experienced some delays related to disruptions due to the pandemic

1233
01:27:52,440 --> 01:27:59,100
 with labor and services availability, as well as they're still waiting for TxDOT to decide

1234
01:27:59,100 --> 01:28:03,000
 the ultimate right of way for the widening of Country Club Road or FM 1830.

1235
01:28:03,000 --> 01:28:07,040
 So between those two things, they are seeking to have a one-year extension of the preliminary

1236
01:28:07,040 --> 01:28:10,860
 plat to allow them to continue to work on phase two.

1237
01:28:10,860 --> 01:28:14,820
 And staff is recommending approval of the one-year extension as they have continued

1238
01:28:14,820 --> 01:28:17,220
 to progress towards project completion.

1239
01:28:17,220 --> 01:28:22,720
 And I believe the applicant's here as well if you have any questions.

1240
01:28:22,720 --> 01:28:30,400
 Are there any questions for staff at the moment?

1241
01:28:30,400 --> 01:28:35,280
 This individual consideration item, I do have a card on that, Mr. Allison, did you want

1242
01:28:35,280 --> 01:28:36,520
 to speak on this item?

1243
01:28:36,520 --> 01:28:41,920
 Okay, you can come on right down here.

1244
01:28:41,920 --> 01:28:45,120
 I'm going to say wherever you are comfortable.

1245
01:28:45,120 --> 01:28:46,120
 Works for me.

1246
01:28:46,120 --> 01:28:47,600
 As long as you can hear me.

1247
01:28:47,600 --> 01:28:48,600
 Absolutely.

1248
01:28:48,600 --> 01:28:53,520
 This is Lee Allison with Allison Engineering Group, Denson, Texas.

1249
01:28:53,520 --> 01:28:57,360
 We've been working on this project since 2014 actually.

1250
01:28:57,360 --> 01:29:04,120
 And I wanted to emphasize that the reason for the extension is because of the inability

1251
01:29:04,120 --> 01:29:09,280
 of TxDOT to determine the required right of way width.

1252
01:29:09,280 --> 01:29:14,240
 Ms. Segerski has indicated that she believes staff can work with us to hopefully get that

1253
01:29:14,240 --> 01:29:18,680
 determined quickly, but I'm not going to ask her to guarantee it.

1254
01:29:18,680 --> 01:29:25,120
 That right of way width could be anywhere from 30 feet to 100 feet.

1255
01:29:25,120 --> 01:29:30,600
 I mean, TxDOT had numerous cross-sections they were looking into that area, plus shifting

1256
01:29:30,600 --> 01:29:32,680
 the road back and forth.

1257
01:29:32,680 --> 01:29:34,120
 And that's been our real reason.

1258
01:29:34,120 --> 01:29:38,840
 The original intention was to develop the entire site, but we didn't know what to do

1259
01:29:38,840 --> 01:29:40,560
 there or how it was going to be affected.

1260
01:29:40,560 --> 01:29:44,600
 So we hope for this preliminary plan that we can come back within the next year within

1261
01:29:44,600 --> 01:29:47,440
 the final plan and move forward with the rest.

1262
01:29:47,440 --> 01:29:54,560
 What will be awkward is if we can get a determination from TxDOT of how much they need, but if they're

1263
01:29:54,560 --> 01:30:02,640
 not ready to acquire it, we may be sitting there with a common area lot that is no productivity,

1264
01:30:02,640 --> 01:30:06,680
 but the company sitting there holding onto it waiting for TxDOT to do something.

1265
01:30:06,680 --> 01:30:11,540
 That's really not fair, but that just may be the way life is and we'll live with it.

1266
01:30:11,540 --> 01:30:16,200
 But we would appreciate an extension and give us a chance to work with the city and Ms.

1267
01:30:16,200 --> 01:30:20,920
 Zagurski and find out where Waldo is.

1268
01:30:20,920 --> 01:30:21,920
 I don't know.

1269
01:30:21,920 --> 01:30:23,680
 We'll get this figured out and move forward with it.

1270
01:30:23,680 --> 01:30:28,760
 I'll answer any questions if you have any or respond to them and appreciate your help.

1271
01:30:28,760 --> 01:30:29,760
 Thank you.

1272
01:30:29,760 --> 01:30:30,760
 Thank you, Mr. Allison.

1273
01:30:30,760 --> 01:30:32,960
 Any questions for Mr. Allison?

1274
01:30:32,960 --> 01:30:33,960
 Okay.

1275
01:30:33,960 --> 01:30:37,340
 I don't see any.

1276
01:30:37,340 --> 01:30:43,200
 Is there any further discussion on the item or Chair will entertain a motion?

1277
01:30:43,200 --> 01:30:46,360
 Commissioner Anderson.

1278
01:30:46,360 --> 01:30:50,800
 Make a motion to approve the extension for one year.

1279
01:30:50,800 --> 01:30:53,680
 We have a motion to approve this item.

1280
01:30:53,680 --> 01:30:54,680
 Second.

1281
01:30:54,680 --> 01:30:56,880
 And a second.

1282
01:30:56,880 --> 01:30:58,660
 First and a second to approve this item.

1283
01:30:58,660 --> 01:31:01,160
 Any discussion?

1284
01:31:01,160 --> 01:31:02,160
 Seeing none.

1285
01:31:02,160 --> 01:31:10,360
 Let's call for a vote on the board.

1286
01:31:10,360 --> 01:31:13,280
 That item carries 5-0.

1287
01:31:13,280 --> 01:31:21,600
 That will take us to our next individual item for consideration, which is for B, PP200029B.

1288
01:31:21,600 --> 01:31:30,720
 Hi, Julie and Haley.

1289
01:31:30,720 --> 01:31:41,720
 Thank you.

1290
01:31:41,720 --> 01:31:45,240
 There may be a little bit of technical difficulty here, but I can go ahead and summarize.

1291
01:31:45,240 --> 01:31:50,000
 This is a preliminary plot, there we go, for the woodlands on McKinney Street, lots one

1292
01:31:50,000 --> 01:31:51,960
 through six.

1293
01:31:51,960 --> 01:31:56,340
 This is a project associated with the larger woodlands manufactured home community.

1294
01:31:56,340 --> 01:31:59,560
 These are the six one-acre lots required by their specific use permit along Trinity

1295
01:31:59,560 --> 01:32:01,040
 Boulevard.

1296
01:32:01,040 --> 01:32:05,000
 And since the posting of the agenda, the applicant has resolved all of the comments, so a new

1297
01:32:05,000 --> 01:32:07,000
 version of the plot was emailed to you all.

1298
01:32:07,000 --> 01:32:08,640
 And staff is now recommending approval.

1299
01:32:08,640 --> 01:32:11,160
 I'm happy to answer any questions.

1300
01:32:11,160 --> 01:32:13,680
 Any questions for staff on this?

1301
01:32:13,680 --> 01:32:18,280
 Okay, I do have a card for this individual item.

1302
01:32:18,280 --> 01:32:21,080
 It is from Brad Springer.

1303
01:32:21,080 --> 01:32:22,080
 Did you want to make comments, Mr. Springer?

1304
01:32:22,080 --> 01:32:29,840
 This might be the wrong time for me to ask this, but I learned that there are a group

1305
01:32:29,840 --> 01:32:35,440
 of people that might be buying these six lots, and is the developer going to provide water

1306
01:32:35,440 --> 01:32:44,360
 and sewer taps, and is it there, and are y'all familiar with that?

1307
01:32:44,360 --> 01:32:51,880
 I don't know that in this preliminary plot process we would have answers to that.

1308
01:32:51,880 --> 01:32:58,680
 So the current owner has not yet provided their civil engineering plans, but they've

1309
01:32:58,680 --> 01:33:02,960
 indicated they intend to do so, or at least assist in doing so, for whoever might purchase

1310
01:33:02,960 --> 01:33:03,960
 the property.

1311
01:33:03,960 --> 01:33:06,760
 But there will be city services available to the site.

1312
01:33:06,760 --> 01:33:10,440
 There are some sewer improvements with the new lift station that are required to serve

1313
01:33:10,440 --> 01:33:11,440
 the site.

1314
01:33:11,440 --> 01:33:14,840
 But no more improvements to the road, to Trinity Road, right?

1315
01:33:14,840 --> 01:33:18,280
 No, sir, they're not making any improvements on Trinity at this time.

1316
01:33:18,280 --> 01:33:20,000
 That's just the questions we had.

1317
01:33:20,000 --> 01:33:21,000
 Thank you.

1318
01:33:21,000 --> 01:33:27,040
 Okay, Mr. Springer, you certainly can reach out to staff separately on this item at another

1319
01:33:27,040 --> 01:33:30,440
 time if you have more specific questions for you and your clients.

1320
01:33:30,440 --> 01:33:31,440
 Thank you.

1321
01:33:31,440 --> 01:33:32,440
 Okay.

1322
01:33:32,440 --> 01:33:33,440
 Thank you.

1323
01:33:33,440 --> 01:33:34,440
 Okay.

1324
01:33:34,440 --> 01:33:38,080
 I don't have any other cards for this item.

1325
01:33:38,080 --> 01:33:47,240
 Chair will entertain discussion or a motion.

1326
01:33:47,240 --> 01:33:51,880
 The Chair will motion to approve this item.

1327
01:33:51,880 --> 01:33:52,880
 Commissioner Cole?

1328
01:33:52,880 --> 01:33:53,880
 Second.

1329
01:33:53,880 --> 01:33:58,360
 There is a first and a second on the floor to approve the item.

1330
01:33:58,360 --> 01:34:00,800
 Any discussion?

1331
01:34:00,800 --> 01:34:08,080
 Call for a vote on the board, please.

1332
01:34:08,080 --> 01:34:10,840
 Motion carries 5-0.

1333
01:34:10,840 --> 01:34:15,800
 As mentioned earlier, 4C has been withdrawn and we will take no action.

1334
01:34:15,800 --> 01:34:20,640
 So that will take us to 4D, FP210023.

1335
01:34:20,640 --> 01:34:23,120
 Hi, Ron.

1336
01:34:23,120 --> 01:34:30,480
 Good evening, Chair, members of the commission.

1337
01:34:30,480 --> 01:34:34,240
 Make sure I can advance the slide.

1338
01:34:34,240 --> 01:34:40,640
 So this is a final plat application for a property southwest of Mingo and Mockingbird.

1339
01:34:40,640 --> 01:34:44,280
 It is for a multi-family development.

1340
01:34:44,280 --> 01:34:49,680
 The subject application is recommending for -- staffs recommend denial to this application

1341
01:34:49,680 --> 01:34:53,720
 as it does not meet the criteria for approval for final plat.

1342
01:34:53,720 --> 01:34:58,800
 However the applicant has submitted an extension, a 30-day extension request.

1343
01:34:58,800 --> 01:35:05,080
 Staff has no opposition to this request and the next opportunity for planning zoning commission

1344
01:35:05,080 --> 01:35:12,240
 would be September 8th, if this were to be extended.

1345
01:35:12,240 --> 01:35:13,240
 Any questions?

1346
01:35:13,240 --> 01:35:15,560
 Any questions for Commissioner Anderson?

1347
01:35:15,560 --> 01:35:16,560
 Yes.

1348
01:35:16,560 --> 01:35:17,560
 Thank you, Chair.

1349
01:35:17,560 --> 01:35:22,160
 Is this where the apartments were going to be that we heard months back?

1350
01:35:22,160 --> 01:35:23,160
 Yes.

1351
01:35:23,160 --> 01:35:26,160
 This is the Mockingbird multi-family, yes.

1352
01:35:26,160 --> 01:35:27,640
 Did they get one extension already?

1353
01:35:27,640 --> 01:35:28,640
 No.

1354
01:35:28,640 --> 01:35:30,800
 This would be the first one.

1355
01:35:30,800 --> 01:35:35,800
 We did hear a preliminary plat, so that was several months ago.

1356
01:35:35,800 --> 01:35:39,600
 This is the final plat, so this is another application.

1357
01:35:39,600 --> 01:35:40,600
 Okay.

1358
01:35:40,600 --> 01:35:52,280
 Any further discussion for staff?

1359
01:35:52,280 --> 01:35:55,880
 Chair will entertain a motion.

1360
01:35:55,880 --> 01:35:56,880
 Commissioner Cole?

1361
01:35:56,880 --> 01:36:02,800
 I'll make a motion to delay until September 8th, or 30-day, I'm sorry, 30-day extension.

1362
01:36:02,800 --> 01:36:06,600
 We'll be approving the applicant's extension, is that what you mean?

1363
01:36:06,600 --> 01:36:07,600
 Right.

1364
01:36:07,600 --> 01:36:10,680
 To a date certain of September 8th?

1365
01:36:10,680 --> 01:36:11,680
 Yep.

1366
01:36:11,680 --> 01:36:12,680
 Okay.

1367
01:36:12,680 --> 01:36:18,680
 Motion on the floor is to approve the applicant's request for an extension to a date certain

1368
01:36:18,680 --> 01:36:20,120
 of September 8th.

1369
01:36:20,120 --> 01:36:21,120
 Is there a second?

1370
01:36:21,120 --> 01:36:22,120
 Commissioner Anderson?

1371
01:36:22,120 --> 01:36:23,120
 Yes, I second.

1372
01:36:23,120 --> 01:36:24,120
 Okay.

1373
01:36:24,120 --> 01:36:25,120
 We've got a first and a second.

1374
01:36:25,120 --> 01:36:26,120
 Any discussion?

1375
01:36:26,120 --> 01:36:27,120
 Okay.

1376
01:36:27,120 --> 01:36:36,840
 Let's vote on the board, please.

1377
01:36:36,840 --> 01:36:41,560
 That motion carries 5-0.

1378
01:36:41,560 --> 01:36:45,480
 That brings up 4EFP210017A.

1379
01:36:45,480 --> 01:36:50,240
 That is Julie Wyatt's item.

1380
01:36:50,240 --> 01:36:52,240
 All right.

1381
01:36:52,240 --> 01:36:53,240
 Good evening.

1382
01:36:53,240 --> 01:36:55,240
 Julie Wyatt, Senior Planner.

1383
01:36:55,240 --> 01:36:58,800
 This final plat is within the Robeson Ranch development.

1384
01:36:58,800 --> 01:37:03,560
 It is for single-family dwellings, Unit 6.2.

1385
01:37:03,560 --> 01:37:11,880
 They have a few more items to work through regarding the technical requirements as required

1386
01:37:11,880 --> 01:37:12,920
 by the Denton Development Code.

1387
01:37:12,920 --> 01:37:17,560
 They have received one extension, so at this time, staff recommends denial of the final

1388
01:37:17,560 --> 01:37:18,560
 plat.

1389
01:37:18,560 --> 01:37:20,760
 I'll be happy to answer any questions.

1390
01:37:20,760 --> 01:37:23,720
 Are there any questions on this item?

1391
01:37:23,720 --> 01:37:27,040
 And Julie, to clarify, they've already had their one extension, that is?

1392
01:37:27,040 --> 01:37:28,040
 Correct.

1393
01:37:28,040 --> 01:37:30,040
 Which is the reason for denying?

1394
01:37:30,040 --> 01:37:31,520
 Correct, yes.

1395
01:37:31,520 --> 01:37:32,520
 Okay.

1396
01:37:32,520 --> 01:37:33,520
 Any discussion?

1397
01:37:33,520 --> 01:37:34,520
 No.

1398
01:37:34,520 --> 01:37:35,520
 Okay.

1399
01:37:35,520 --> 01:37:36,520
 Commissioner Anderson?

1400
01:37:36,520 --> 01:37:37,520
 Yeah, Julie.

1401
01:37:37,520 --> 01:37:38,520
 Thank you, Chair.

1402
01:37:38,520 --> 01:37:39,520
 Julie, did they not ask?

1403
01:37:39,520 --> 01:37:40,520
 They've already had one extension, is that right?

1404
01:37:40,520 --> 01:37:41,520
 Yes, sir.

1405
01:37:41,520 --> 01:37:42,520
 Okay, so they can't have it?

1406
01:37:42,520 --> 01:37:43,520
 Okay.

1407
01:37:43,520 --> 01:37:44,520
 Never mind.

1408
01:37:44,520 --> 01:37:45,520
 I misheard you.

1409
01:37:45,520 --> 01:37:46,520
 Thank you.

1410
01:37:46,520 --> 01:37:49,880
 Any further discussion?

1411
01:37:49,880 --> 01:37:56,200
 I can entertain a motion at this time.

1412
01:37:56,200 --> 01:37:58,240
 Commissioner Anderson?

1413
01:37:58,240 --> 01:38:00,760
 Make a motion to deny.

1414
01:38:00,760 --> 01:38:02,320
 Motion on the floor is to deny.

1415
01:38:02,320 --> 01:38:03,320
 Commissioner Pruitt?

1416
01:38:03,320 --> 01:38:04,320
 Second.

1417
01:38:04,320 --> 01:38:05,320
 Okay.

1418
01:38:05,320 --> 01:38:07,440
 We have a first and a second to deny.

1419
01:38:07,440 --> 01:38:09,760
 Any discussion?

1420
01:38:09,760 --> 01:38:14,200
 And to clarify, voting yes on this motion would be to deny the item.

1421
01:38:14,200 --> 01:38:22,960
 Can you vote on the board, please?

1422
01:38:22,960 --> 01:38:26,600
 That motion carries 5-0.

1423
01:38:26,600 --> 01:38:36,320
 That will bring us to, for FFP21-0025, Julie Wyatt, hello again.

1424
01:38:36,320 --> 01:38:38,660
 This final plat is for the Grove, if you recall.

1425
01:38:38,660 --> 01:38:42,880
 This is for a multifamily development adjacent to Loop 288, just south of McKinney.

1426
01:38:42,880 --> 01:38:45,720
 They do have a preliminary plat approved.

1427
01:38:45,720 --> 01:38:49,560
 They do have a couple of things they have to work through to meet all the technical

1428
01:38:49,560 --> 01:38:53,040
 requirements for the final plat, so staff recommends denial.

1429
01:38:53,040 --> 01:38:57,480
 However, they have requested an extension, and staff has no opposition to an extension

1430
01:38:57,480 --> 01:39:02,640
 to September 8th, and I'll be happy to answer any questions.

1431
01:39:02,640 --> 01:39:04,600
 Any questions for Julie on this item?

1432
01:39:04,600 --> 01:39:07,480
 I don't see any, Julie.

1433
01:39:07,480 --> 01:39:08,480
 Thank you.

1434
01:39:08,480 --> 01:39:09,480
 Sure.

1435
01:39:09,480 --> 01:39:14,520
 Chair can entertain a motion or further discussion.

1436
01:39:14,520 --> 01:39:15,520
 Commissioner Pruitt?

1437
01:39:15,520 --> 01:39:22,000
 I move to approve the extension to a date certain of September 8th.

1438
01:39:22,000 --> 01:39:23,000
 Commissioner Cole?

1439
01:39:23,000 --> 01:39:24,000
 Okay.

1440
01:39:24,000 --> 01:39:28,160
 First and a second to approve the applicant's request for an extension to a date certain

1441
01:39:28,160 --> 01:39:30,000
 of September 8th.

1442
01:39:30,000 --> 01:39:32,400
 Any discussion?

1443
01:39:32,400 --> 01:39:39,900
 Seeing none, let's vote on the board, please.

1444
01:39:39,900 --> 01:39:42,200
 Motion carries 5-0.

1445
01:39:42,200 --> 01:39:44,720
 That will bring us to our public hearing items.

1446
01:39:44,720 --> 01:39:49,800
 The first one this evening is 5A, DCA21-0003.

1447
01:39:49,800 --> 01:39:56,320
 I'll invite Ron to show his presentation, and I will open the public hearing.

1448
01:39:56,320 --> 01:39:58,440
 Thank you, Chair.

1449
01:39:58,440 --> 01:40:08,200
 Give me a second to pull up the presentation.

1450
01:40:08,200 --> 01:40:11,840
 I'm Chair, members of the commission, Ron Megito, principal planner with Development

1451
01:40:11,840 --> 01:40:12,840
 Services.

1452
01:40:12,840 --> 01:40:19,760
 This is a proposed code amendment to amend the height restriction maximum for the HI heavy

1453
01:40:19,760 --> 01:40:22,440
 industrial zoning district.

1454
01:40:22,440 --> 01:40:28,720
 Just to weigh your background, back in August 17, 2010, there was an amendment to increase

1455
01:40:28,720 --> 01:40:36,000
 the height for what was then industrial center general from 65 to 140 as a request or as

1456
01:40:36,000 --> 01:40:41,680
 an analysis in determining the need for a higher maximum height due to some applications

1457
01:40:41,680 --> 01:40:44,600
 that was being heard at that time.

1458
01:40:44,600 --> 01:40:51,080
 Come to October 1, 2019, with the development code update, the ICG zoning district transitioned

1459
01:40:51,080 --> 01:40:54,360
 to a heavy industrial zoning district.

1460
01:40:54,360 --> 01:40:58,000
 By way of doing that, the maximum height was also changed.

1461
01:40:58,000 --> 01:41:03,060
 It went back to what was 140, back down to 75.

1462
01:41:03,060 --> 01:41:08,840
 By doing so, there were some non-conformities to existing structures that was created.

1463
01:41:08,840 --> 01:41:14,320
 And then this summer, just a few months ago, a few weeks ago or so, we did receive an application

1464
01:41:14,320 --> 01:41:21,200
 from an applicant for a manufacturing company to do some expansion and height extensions

1465
01:41:21,200 --> 01:41:23,200
 of their building.

1466
01:41:23,200 --> 01:41:27,560
 And by doing that, we realized that there was a need for this code amendment.

1467
01:41:27,560 --> 01:41:31,440
 Now, this code amendment was always on our list of code amendments and we did present

1468
01:41:31,440 --> 01:41:34,440
 this to the DCRC, the Development Code Review Committee.

1469
01:41:34,440 --> 01:41:40,760
 However, due to this recent application, it was staff's thinking that we need to bring

1470
01:41:40,760 --> 01:41:41,840
 this sooner than later.

1471
01:41:41,840 --> 01:41:45,800
 So we're bringing this up to the Planning Zoning Commission for your consideration and

1472
01:41:45,800 --> 01:41:50,960
 then ultimately the City Council, as there is an application pending.

1473
01:41:50,960 --> 01:41:55,160
 With that, staff has initiated this code amendment, again, to address the non-conformity that

1474
01:41:55,160 --> 01:41:57,160
 was created.

1475
01:41:57,160 --> 01:42:04,960
 It would specifically amend table 3.5-C, as well as table 3.5.5, which are tables that

1476
01:42:04,960 --> 01:42:11,720
 specifically provide the maximum height under the HI zoning district.

1477
01:42:11,720 --> 01:42:17,360
 And what we are proposing, again, is to go from 75 feet, what it is today, to 140 feet

1478
01:42:17,360 --> 01:42:22,320
 for what it was prior to the 2019 Development Code.

1479
01:42:22,320 --> 01:42:27,560
 To give the Commission an understanding of where the HI zoning districts are located,

1480
01:42:27,560 --> 01:42:32,120
 and you see that the majority of the area that is zoned HI is located on the west side

1481
01:42:32,120 --> 01:42:34,320
 of I-35W.

1482
01:42:34,320 --> 01:42:43,000
 There are some HI zoning district along 77, primarily the area here, which is the Acme

1483
01:42:43,000 --> 01:42:44,820
 Brick Company.

1484
01:42:44,820 --> 01:42:51,800
 There are also HI zoning districts along May Hill, right by the city landfill.

1485
01:42:51,800 --> 01:42:57,280
 I want to make mention to the Commission that although the height restriction is being increased,

1486
01:42:57,280 --> 01:43:03,760
 there are also setback requirements that would apply in situations where the HI district

1487
01:43:03,760 --> 01:43:10,280
 were to develop, to address any incompatible uses impacts.

1488
01:43:10,280 --> 01:43:15,840
 So if a property were to be developed in the HI, and they were adjacent to a residential

1489
01:43:15,840 --> 01:43:20,800
 zoning district that you see here to the right, any of these zoning districts, they would

1490
01:43:20,800 --> 01:43:24,460
 have to be set back 200 feet from that property.

1491
01:43:24,460 --> 01:43:29,760
 So that is an added requirement, again, to address any incompatible impacts that may

1492
01:43:29,760 --> 01:43:34,800
 be caused by that future development.

1493
01:43:34,800 --> 01:43:39,640
 So just to kind of give an illustration of where that potentially could be, the area

1494
01:43:39,640 --> 01:43:47,200
 again west of I-35W, you see some residential districts to the north pocket right here along

1495
01:43:47,200 --> 01:43:49,360
 Western Boulevard.

1496
01:43:49,360 --> 01:43:55,320
 Also there are a number of residential zoning districts to the south of the area.

1497
01:43:55,320 --> 01:44:00,920
 But again, other than that, the area is surrounded by light industrial or public facilities to

1498
01:44:00,920 --> 01:44:02,600
 the west.

1499
01:44:02,600 --> 01:44:07,840
 The area adjacent to Acme Brick, you can see that the majority of the area is not adjacent

1500
01:44:07,840 --> 01:44:10,000
 to single family or residential zoning districts.

1501
01:44:10,000 --> 01:44:12,960
 However, there are some in this particular area.

1502
01:44:12,960 --> 01:44:17,780
 And again, any development here would have to be set back 200 feet from these residential

1503
01:44:17,780 --> 01:44:19,320
 zoning districts.

1504
01:44:19,320 --> 01:44:23,640
 And then lastly, the area adjacent to the landfill, there's not much residential.

1505
01:44:23,640 --> 01:44:26,500
 However, there is a rural residential zoning district.

1506
01:44:26,500 --> 01:44:32,700
 And again, any development adjacent to that parcel would have to be set back 200 feet.

1507
01:44:32,700 --> 01:44:38,040
 In addition, there are buffer requirements to any development that proposes industrial

1508
01:44:38,040 --> 01:44:40,440
 adjacent to any other uses.

1509
01:44:40,440 --> 01:44:46,260
 Again, that could be considered incompatible.

1510
01:44:46,260 --> 01:44:51,240
 In terms of single family, the industrial use that would be proposed or developed would

1511
01:44:51,240 --> 01:44:57,400
 have to provide 50 points of buffer points in order to develop as well as provide a minimum

1512
01:44:57,400 --> 01:45:00,680
 of 30 feet width of that buffer area.

1513
01:45:00,680 --> 01:45:06,100
 To achieve that 50 points, they would have to combine a number of these buffer elements

1514
01:45:06,100 --> 01:45:08,800
 in order to get to that 50 points.

1515
01:45:08,800 --> 01:45:14,240
 Similarly, with industrial adjacent to a commercial use, they would have to provide that minimum

1516
01:45:14,240 --> 01:45:23,280
 30 points and then again provide that 30 feet of setback or buffer area for that particular

1517
01:45:23,280 --> 01:45:28,160
 use.

1518
01:45:28,160 --> 01:45:33,720
 Staff recommends approval of this code amendment as it meets the criteria for approving code

1519
01:45:33,720 --> 01:45:34,720
 amendments.

1520
01:45:34,720 --> 01:45:39,280
 Again, the list that you see here is fully described in your backup, but I'll just read

1521
01:45:39,280 --> 01:45:41,960
 it for the commission as a summary.

1522
01:45:41,960 --> 01:45:44,520
 It is consistent with the Comprehensive Plan.

1523
01:45:44,520 --> 01:45:48,220
 It does not conflict with any provisions of the DDC.

1524
01:45:48,220 --> 01:45:53,080
 It does demonstrate the community need for the height increase.

1525
01:45:53,080 --> 01:45:59,960
 There is a response to a substantial change in the condition and again, it's consistent

1526
01:45:59,960 --> 01:46:03,240
 with the purpose and intent of the DDC.

1527
01:46:03,240 --> 01:46:07,400
 With that, I stand for any questions.

1528
01:46:07,400 --> 01:46:12,120
 Any questions for Ron on this item?

1529
01:46:12,120 --> 01:46:13,120
 I don't see any.

1530
01:46:13,120 --> 01:46:14,120
 Thank you, Ron.

1531
01:46:14,120 --> 01:46:15,120
 - Okay.

1532
01:46:15,120 --> 01:46:16,120
 - All the information.

1533
01:46:16,120 --> 01:46:23,400
 Is there further discussion or motion?

1534
01:46:23,400 --> 01:46:24,400
 Commissioner Cole.

1535
01:46:24,400 --> 01:46:27,640
 - I make a motion to approve.

1536
01:46:27,640 --> 01:46:31,040
 - If we could hold on that just for a moment.

1537
01:46:31,040 --> 01:46:34,240
 I did want to announce that this is a public hearing.

1538
01:46:34,240 --> 01:46:39,480
 Anyone in the audience can speak if they would like to before entertaining that motion?

1539
01:46:39,480 --> 01:46:40,480
 Okay.

1540
01:46:40,480 --> 01:46:41,480
 Seeing none.

1541
01:46:41,480 --> 01:46:43,360
 Stuart, do we have anyone on the line?

1542
01:46:43,360 --> 01:46:44,600
 - No, ma'am.

1543
01:46:44,600 --> 01:46:45,600
 There are no callers.

1544
01:46:45,600 --> 01:46:46,840
 - Thank you.

1545
01:46:46,840 --> 01:46:51,720
 In that, I will close the public hearing and get back to Commissioner Cole.

1546
01:46:51,720 --> 01:46:54,000
 - I motion to approve.

1547
01:46:54,000 --> 01:46:55,000
 - Okay.

1548
01:46:55,000 --> 01:46:56,000
 Commissioner Anderson.

1549
01:46:56,000 --> 01:46:57,000
 - I second.

1550
01:46:57,000 --> 01:46:58,000
 - Okay.

1551
01:46:58,000 --> 01:47:00,540
 We have a motion to approve and a second.

1552
01:47:00,540 --> 01:47:01,540
 This item.

1553
01:47:01,540 --> 01:47:02,540
 Any discussion?

1554
01:47:02,540 --> 01:47:10,960
 Seeing none, let's vote on the board, please.

1555
01:47:10,960 --> 01:47:11,960
 Motion carries 5-0.

1556
01:47:11,960 --> 01:47:16,320
 Thank you, Ron.

1557
01:47:16,320 --> 01:47:23,920
 Our next public hearing is 5BZ210014.

1558
01:47:23,920 --> 01:47:32,240
 I am going to open the public hearing on this and ask that the item be postponed to a date

1559
01:47:32,240 --> 01:47:41,040
 certain of September 22nd due to a notification error.

1560
01:47:41,040 --> 01:47:42,880
 Commissioner Anderson.

1561
01:47:42,880 --> 01:47:50,120
 - I make a motion to postpone to the date certain of September-

1562
01:47:50,120 --> 01:47:51,120
 - 22nd.

1563
01:47:51,120 --> 01:47:52,120
 - What?

1564
01:47:52,120 --> 01:47:53,120
 - 22nd.

1565
01:47:53,120 --> 01:47:54,120
 - 22nd.

1566
01:47:54,120 --> 01:47:55,120
 - Okay.

1567
01:47:55,120 --> 01:47:59,280
 - Motion to approve the postponement to a date certain of September 22nd.

1568
01:47:59,280 --> 01:48:00,280
 Commissioner Cole.

1569
01:48:00,280 --> 01:48:01,280
 - Second.

1570
01:48:01,280 --> 01:48:02,280
 - I second.

1571
01:48:02,280 --> 01:48:05,720
 I will leave the public hearing open and we do have a motion on the floor to postpone

1572
01:48:05,720 --> 01:48:08,240
 the item to a date certain of September 22nd.

1573
01:48:08,240 --> 01:48:10,480
 Is there any discussion?

1574
01:48:10,480 --> 01:48:17,700
 Let's vote on the board, please.

1575
01:48:17,700 --> 01:48:20,920
 Motion carries 5-0.

1576
01:48:20,920 --> 01:48:27,160
 Our final public hearing for the evening is 5C-S210001.

1577
01:48:27,160 --> 01:48:32,640
 We'll invite Karina up for presentation and open the public hearing.

1578
01:48:32,640 --> 01:48:34,840
 - Good evening.

1579
01:48:34,840 --> 01:48:38,720
 Karina Maldonado, Associate Planner.

1580
01:48:38,720 --> 01:48:44,040
 This is S21-001 for Pebble Brook Parkside.

1581
01:48:44,040 --> 01:48:50,000
 So the request today is for a specific use permit to allow multifamily dwellings on approximately

1582
01:48:50,000 --> 01:48:59,040
 9.92 acres located on the east side of South Loop 288, just approximately 300 feet south

1583
01:48:59,040 --> 01:49:01,840
 of East McKinney Street.

1584
01:49:01,840 --> 01:49:09,880
 The proposed development is located within the suburban corridor district.

1585
01:49:09,880 --> 01:49:15,240
 So the site plan proposed for this development includes six, three, and four story buildings

1586
01:49:15,240 --> 01:49:16,800
 as well as one clubhouse.

1587
01:49:16,800 --> 01:49:22,280
 So the three story buildings are located.

1588
01:49:22,280 --> 01:49:28,320
 There's two along Loop 288, which would be these two here, and then three on the interior

1589
01:49:28,320 --> 01:49:35,480
 on the east side and for orientation north is over here, as well as a four story building

1590
01:49:35,480 --> 01:49:38,840
 on the north side along Loop 288.

1591
01:49:38,840 --> 01:49:42,880
 Overall, there's 216 dwelling units proposed.

1592
01:49:42,880 --> 01:49:48,360
 That includes one, two, and three bedroom units.

1593
01:49:48,360 --> 01:49:52,280
 Associated parking includes 300 vehicular parking spaces.

1594
01:49:52,280 --> 01:49:57,800
 That minimum parking includes a reduction allowed within our Denton Development Code

1595
01:49:57,800 --> 01:50:05,640
 for affordable housing, bicycle substitutions, and tree preservation.

1596
01:50:05,640 --> 01:50:08,700
 Associated with that is 111 bicycle spaces.

1597
01:50:08,700 --> 01:50:17,000
 That does include the proposed substitution for bicycle and parking.

1598
01:50:17,000 --> 01:50:22,520
 Along with this development includes a proposed 12 foot side path along South Loop 288, as

1599
01:50:22,520 --> 01:50:29,520
 well as internal circulation off of that side path into the development that would be accessed

1600
01:50:29,520 --> 01:50:36,600
 to each building, as well as shared bicycle circulation within the development off of

1601
01:50:36,600 --> 01:50:39,480
 that 12 foot side path as well.

1602
01:50:39,480 --> 01:50:43,160
 Two driveway connections are proposed for this development.

1603
01:50:43,160 --> 01:50:48,640
 The first is on the south side of the development at the intersection of Dutchess Drive and

1604
01:50:48,640 --> 01:50:50,320
 Loop 288.

1605
01:50:50,320 --> 01:50:58,120
 That would be a full access drive to allow both in and out motions at that intersection.

1606
01:50:58,120 --> 01:51:04,960
 I will point out that this intersection proposed did come through with a previous multifamily

1607
01:51:04,960 --> 01:51:09,080
 development on the west side of Loop 288.

1608
01:51:09,080 --> 01:51:16,000
 You heard the final clap for that item today, which was the Denton Grove multifamily.

1609
01:51:16,000 --> 01:51:18,240
 Last I'll talk about aerial access.

1610
01:51:18,240 --> 01:51:21,620
 That is proposed off of South Loop 288.

1611
01:51:21,620 --> 01:51:28,800
 That is proposed at the north side to reach the four story building via two 45 foot roll

1612
01:51:28,800 --> 01:51:34,440
 back curves, which includes grass pavers and reinforced concrete.

1613
01:51:34,440 --> 01:51:36,760
 I will talk about this many times tonight.

1614
01:51:36,760 --> 01:51:44,800
 There is ESA on the property and I've located that in this dark bluish purple areas.

1615
01:51:44,800 --> 01:51:49,200
 On the landscape plan, a couple of things to point out, they are proposing enhanced

1616
01:51:49,200 --> 01:51:56,320
 landscaping on this property, a 40% landscape area, 38% tree canopy.

1617
01:51:56,320 --> 01:52:01,000
 Within that includes proposed street trees along South Loop 288.

1618
01:52:01,000 --> 01:52:08,800
 They are proposing alternative placements as well as smaller trees to accommodate easements

1619
01:52:08,800 --> 01:52:11,520
 within this area.

1620
01:52:11,520 --> 01:52:16,460
 Right of way screening is also proposed where parking is visible from the right of way,

1621
01:52:16,460 --> 01:52:23,000
 as well as along the frontage between the building and Loop 288.

1622
01:52:23,000 --> 01:52:30,800
 Large trees are proposed within the site within parking end caps and islands, as well as additional

1623
01:52:30,800 --> 01:52:40,800
 trees, drought resistant species that would be at an increased caliper when planted.

1624
01:52:40,800 --> 01:52:45,320
 They are also proposing a sound fence that was that hot pink line that you could see

1625
01:52:45,320 --> 01:52:46,320
 on the site plan.

1626
01:52:46,320 --> 01:52:53,280
 It's not quite shown here, but it is proposed to add that noise mitigation from any traffic

1627
01:52:53,280 --> 01:53:00,360
 on Loop 288 to provide that noise mitigation for residents.

1628
01:53:00,360 --> 01:53:05,800
 They are also exceeding minimum tree preservation by approximately 10%.

1629
01:53:05,800 --> 01:53:14,200
 That's mainly areas you'll see here along the frontage, as well as around the ESA.

1630
01:53:14,200 --> 01:53:19,440
 They are also proposing open space that is central to the site, so there is a central

1631
01:53:19,440 --> 01:53:24,600
 gathering area that includes indoor amenities, as well as outdoor amenities such as a resort

1632
01:53:24,600 --> 01:53:30,640
 stall pool, picnic areas, gazebo, children's playground, as well as passive areas adjacent

1633
01:53:30,640 --> 01:53:33,640
 to the ESA.

1634
01:53:33,640 --> 01:53:35,760
 So these are the conceptual elevations.

1635
01:53:35,760 --> 01:53:43,160
 On the left is the front and rear elevation for the proposed community building.

1636
01:53:43,160 --> 01:53:49,280
 On the top right corner, you'll see the front and rear elevation for the two buildings that

1637
01:53:49,280 --> 01:53:52,720
 would be adjacent to Loop 288.

1638
01:53:52,720 --> 01:53:58,740
 And then the bottom elevation is the front and rear elevation for the back three story

1639
01:53:58,740 --> 01:54:01,800
 buildings on the site.

1640
01:54:01,800 --> 01:54:06,380
 This elevation is the four story building, so it's the front and back side of the four

1641
01:54:06,380 --> 01:54:12,120
 story building that's along Loop 288 at the north side.

1642
01:54:12,120 --> 01:54:14,360
 So I won't go through all the general approval criteria.

1643
01:54:14,360 --> 01:54:20,760
 I've highlighted those that I'll be speaking on, as well as the SUP criteria for approval.

1644
01:54:20,760 --> 01:54:26,040
 There's about three that I'll go over tonight.

1645
01:54:26,040 --> 01:54:31,800
 So first off, going over Denton Plan 2030, the site is located within the community mixed

1646
01:54:31,800 --> 01:54:34,920
 use future land use designation.

1647
01:54:34,920 --> 01:54:41,240
 This designation is intended to provide a mix of uses, which is predominantly commercial,

1648
01:54:41,240 --> 01:54:47,080
 but also includes moderate to high density residential, as well as other complementary

1649
01:54:47,080 --> 01:54:48,380
 uses.

1650
01:54:48,380 --> 01:54:54,620
 So the proposed development is consistent with the future land use, as it does provide

1651
01:54:54,620 --> 01:54:58,200
 that residential component for this larger commercial area.

1652
01:54:58,200 --> 01:55:04,160
 And as was stated in the staff report, while the density on the proposed development is

1653
01:55:04,160 --> 01:55:10,640
 21 dwelling units per acre, when we look at the overall community mixed use area, it does

1654
01:55:10,640 --> 01:55:17,200
 average out to approximately five dwelling units per acre, including all existing and

1655
01:55:17,200 --> 01:55:19,720
 approved multifamily.

1656
01:55:19,720 --> 01:55:28,120
 Second, it relates to goal CC4, which indicates that this area is located on a corridor focus

1657
01:55:28,120 --> 01:55:33,920
 area, which encourages the use of multimodal transportation by providing connections to

1658
01:55:33,920 --> 01:55:36,600
 bike, ped, and transit facilities.

1659
01:55:36,600 --> 01:55:41,960
 So as was mentioned earlier, they have that larger shared use path along Loop 288 that

1660
01:55:41,960 --> 01:55:46,080
 provides internal connections, as well as bicycle connections.

1661
01:55:46,080 --> 01:55:52,960
 They are orienting towards the public realm and do incorporate design elements from table

1662
01:55:52,960 --> 01:55:56,880
 4.1 included in the comprehensive plan.

1663
01:55:56,880 --> 01:56:04,200
 Last, speaking on goal HN1, it furthers efforts to expand the availability of affordable housing

1664
01:56:04,200 --> 01:56:12,600
 choices for community members most in need of housing, including those with low incomes.

1665
01:56:12,600 --> 01:56:16,600
 So next I'll talk about compatibility with the surrounding area.

1666
01:56:16,600 --> 01:56:21,040
 So as I mentioned, this is the suburban corridor district, which is intended primarily for

1667
01:56:21,040 --> 01:56:26,840
 commercial areas, office, retail, but also allows multifamily.

1668
01:56:26,840 --> 01:56:33,320
 So Julie did mention earlier in the boot camp where a specific use is required, it is a

1669
01:56:33,320 --> 01:56:37,360
 permitted activity within this area, but does require additional scrutiny.

1670
01:56:37,360 --> 01:56:40,360
 So that's why you're hearing this case today.

1671
01:56:40,360 --> 01:56:46,560
 So the site located here in yellow is adjacent to existing commercial.

1672
01:56:46,560 --> 01:56:52,100
 That's those areas shown in purple, as well as some undeveloped property.

1673
01:56:52,100 --> 01:56:59,080
 That undeveloped property, some of which include other developments that were already approved.

1674
01:56:59,080 --> 01:57:03,320
 Like I mentioned earlier, the Grove on the west side was approved and is going through

1675
01:57:03,320 --> 01:57:05,000
 the development process.

1676
01:57:05,000 --> 01:57:09,560
 There is some commercial on the south side, also going through the development review

1677
01:57:09,560 --> 01:57:13,640
 as well as commercial on this north corner.

1678
01:57:13,640 --> 01:57:19,200
 More importantly, there's existing multifamily, which is compatible with this use, as well

1679
01:57:19,200 --> 01:57:24,120
 as open space on the southeast corner.

1680
01:57:24,120 --> 01:57:32,560
 And I will speak to the adjacency to the future park later in the presentation.

1681
01:57:32,560 --> 01:57:37,400
 So ESA, that is the big item on this site.

1682
01:57:37,400 --> 01:57:43,720
 So in order to minimize adverse environmental impacts, the development does propose to locate

1683
01:57:43,720 --> 01:57:48,680
 all buildings and open space outside the ESAs.

1684
01:57:48,680 --> 01:57:53,400
 So there is floodplain ESA on the south side, that's this dark purple here, as well as a

1685
01:57:53,400 --> 01:57:57,400
 riparian buffer that kind of snakes through the northeast side.

1686
01:57:57,400 --> 01:58:04,940
 So overall, ESA and floodplain do cover about 1.92 acres of the property.

1687
01:58:04,940 --> 01:58:06,640
 They are remaining out of it.

1688
01:58:06,640 --> 01:58:14,440
 However, there are two areas where they are outside the riparian buffer, however, development

1689
01:58:14,440 --> 01:58:22,640
 activities might necessitate encroachment into the ESA.

1690
01:58:22,640 --> 01:58:29,060
 So to accommodate for that, staff is requesting or recommending a condition of approval to

1691
01:58:29,060 --> 01:58:35,920
 address those two areas to ensure that if an alternative ESA is required or is identified

1692
01:58:35,920 --> 01:58:42,840
 during the CEP process, that an approval of that old ESA be required to maintain the site

1693
01:58:42,840 --> 01:58:46,600
 plan orientation.

1694
01:58:46,600 --> 01:58:52,720
 As I mentioned earlier, tree preservation was achieved and is shown just adjacent to

1695
01:58:52,720 --> 01:58:59,200
 that ESA area, just to kind of enhance the preservation of it.

1696
01:58:59,200 --> 01:59:06,560
 And last, open space that's required for multifamily is proposed adjacent to the ESA areas for

1697
01:59:06,560 --> 01:59:09,160
 active and passive recreation.

1698
01:59:09,160 --> 01:59:16,000
 In order to further mitigate any negative impacts to these areas, staff is also recommending

1699
01:59:16,000 --> 01:59:25,640
 a condition to provide signage in these areas to ensure that there is no negative activities

1700
01:59:25,640 --> 01:59:34,240
 like littering and also to ensure education to the residents of those areas.

1701
01:59:34,240 --> 01:59:41,200
 And I'll kind of read through the full condition in a sec.

1702
01:59:41,200 --> 01:59:48,440
 So as it relates to public facilities, this proposed development would generate a net

1703
01:59:48,440 --> 01:59:56,680
 increase of 1,175 trips, that would be 78 morning peak trips and 95 evening peak trips.

1704
01:59:56,680 --> 02:00:02,280
 A traffic impact analysis was conducted with this development and did indicate that the

1705
02:00:02,280 --> 02:00:05,920
 development alone does not warrant a traffic signal.

1706
02:00:05,920 --> 02:00:12,920
 However, combined with the adjacent multifamily, a traffic signal is warranted.

1707
02:00:12,920 --> 02:00:19,600
 So, the condition added to the TIA indicated that the proportional impact would need to

1708
02:00:19,600 --> 02:00:20,600
 be assessed.

1709
02:00:20,600 --> 02:00:27,200
 So, staff carried over that condition to this SUP to ensure that their proportional cost

1710
02:00:27,200 --> 02:00:33,680
 of any traffic signal design and construction would be associated with the traffic signal

1711
02:00:33,680 --> 02:00:38,360
 that will come in with the adjacent development.

1712
02:00:38,360 --> 02:00:43,200
 South Loop TD is a six-lane divided primary arterial and is fully developed.

1713
02:00:43,200 --> 02:00:49,840
 However, the applicant will be providing a widened side path as well as provide a hooded

1714
02:00:49,840 --> 02:00:56,960
 left turn to allow that limited three-fourth access at the northern driveway.

1715
02:00:56,960 --> 02:01:01,720
 Water and wastewater is available to the site, but will need to be extended with the development

1716
02:01:01,720 --> 02:01:06,240
 of it, and this will be assessed at the platting stage.

1717
02:01:06,240 --> 02:01:13,200
 The property does also have access to fire, which would be fire station number two, which

1718
02:01:13,200 --> 02:01:16,120
 would be less than an eight-minute response time.

1719
02:01:16,120 --> 02:01:23,520
 As mentioned earlier, they are providing that aerial access to the northern building.

1720
02:01:23,520 --> 02:01:30,080
 Staff did coordinate with DISD to ensure that students generated from this proposed development

1721
02:01:30,080 --> 02:01:31,840
 would not have a negative impact.

1722
02:01:31,840 --> 02:01:40,720
 DISD did indicate that the increase in students could be accommodated.

1723
02:01:40,720 --> 02:01:46,480
 As we look at the adjacent open space, which is Pebblebrook Open Space, it's located directly

1724
02:01:46,480 --> 02:01:50,620
 adjacent to the subject site on the southeast side.

1725
02:01:50,620 --> 02:01:55,720
 This park is not yet developed by the city, and the city does have a general timeline

1726
02:01:55,720 --> 02:01:58,120
 of three to five years.

1727
02:01:58,120 --> 02:02:04,240
 Our development code does require that our developments provide a connection to any existing

1728
02:02:04,240 --> 02:02:05,640
 or future trails.

1729
02:02:05,640 --> 02:02:12,220
 However, since this is not developed and there are no design plans for it yet, staff is recommending

1730
02:02:12,220 --> 02:02:17,000
 a condition of approval to ensure that that connection is provided at a later time and

1731
02:02:17,000 --> 02:02:21,400
 that there is coordination between staff and the development.

1732
02:02:21,400 --> 02:02:23,200
 On-site amenities are also provided.

1733
02:02:23,200 --> 02:02:29,280
 I won't go through them in detail, we did talk about them earlier.

1734
02:02:29,280 --> 02:02:33,760
 Outreach was had for this property.

1735
02:02:33,760 --> 02:02:36,720
 Newspaper ads went out August 1st.

1736
02:02:36,720 --> 02:02:41,440
 Two signs are posted on the property and were posted on August 4th.

1737
02:02:41,440 --> 02:02:46,240
 Notices were mailed to those within 200 feet and 500 feet.

1738
02:02:46,240 --> 02:02:50,360
 You'll see that there's a large difference between the number of notices between 200

1739
02:02:50,360 --> 02:02:56,800
 and 500 feet, and that's due to the notices for the 500-foot being sent to the utility

1740
02:02:56,800 --> 02:02:59,440
 address rather than the property owner.

1741
02:02:59,440 --> 02:03:02,600
 The property owner was notified within 200 feet.

1742
02:03:02,600 --> 02:03:06,240
 Overall, as of today, we've only received one response.

1743
02:03:06,240 --> 02:03:12,620
 It is in favor of the project, and the developer did have two virtual neighborhood meetings.

1744
02:03:12,620 --> 02:03:17,400
 Only one person was in attendance.

1745
02:03:17,400 --> 02:03:22,320
 That staff is recommending approval subject to the following conditions.

1746
02:03:22,320 --> 02:03:28,560
 The first is a standard landscape condition that we place on all SUPs, which would allow

1747
02:03:28,560 --> 02:03:34,800
 some minor deviations from the site plan that's attached.

1748
02:03:34,800 --> 02:03:39,080
 The second condition relates to the alternative ESA.

1749
02:03:39,080 --> 02:03:44,400
 This condition reads that an approved alternative ESA plan will be required to support the approved

1750
02:03:44,400 --> 02:03:50,440
 site plan if a determination is made during the review of the civil engineering plans

1751
02:03:50,440 --> 02:03:55,920
 that development activities would encroach into the riparian or floodplain ESA.

1752
02:03:55,920 --> 02:04:03,360
 So again, that's just to ensure that if development activities are needed during the construction

1753
02:04:03,360 --> 02:04:06,680
 process that we have an approved plan.

1754
02:04:06,680 --> 02:04:13,200
 The third would be the ESA protection, so open spaces that are set aside for active

1755
02:04:13,200 --> 02:04:18,600
 and passive recreation and are located adjacent to the ESA shall incorporate that permanent

1756
02:04:18,600 --> 02:04:23,880
 signage designed to promote the benefits of preserving ESAs, and the language for those

1757
02:04:23,880 --> 02:04:28,960
 signs is provided in the City of Denton's ESA primer.

1758
02:04:28,960 --> 02:04:34,200
 My glasses are fogging again.

1759
02:04:34,200 --> 02:04:37,960
 All right, so fourth is trail connectivity.

1760
02:04:37,960 --> 02:04:41,240
 The developer shall coordinate with the City of Denton's Park Department to identify the

1761
02:04:41,240 --> 02:04:46,480
 location of future trail connections during the civil engineering plan process from the

1762
02:04:46,480 --> 02:04:49,680
 subject site to that Pebblebrook open space.

1763
02:04:49,680 --> 02:04:55,280
 And the fifth related to the traffic signal, so again, this is a traffic signal warranted

1764
02:04:55,280 --> 02:04:59,720
 by both developments of the grove in this project.

1765
02:04:59,720 --> 02:05:04,200
 So the developer shall prepare and submit a proportionality assessment to the city engineer

1766
02:05:04,200 --> 02:05:09,360
 for the cost of the traffic signal design required at the intersection and that they

1767
02:05:09,360 --> 02:05:13,480
 shall pay the cost for such improvements prior to the issuance of any building permits in

1768
02:05:13,480 --> 02:05:19,720
 an amount that does not exceed the rough proportionality to the impacts of the proposed development.

1769
02:05:19,720 --> 02:05:23,840
 The remaining conditions are standard conditions that are applied to all SUPs, so I won't go

1770
02:05:23,840 --> 02:05:25,160
 over them.

1771
02:05:25,160 --> 02:05:33,200
 And then finally, the attached site plan, landscape plan, and elevations would be attached

1772
02:05:33,200 --> 02:05:39,480
 to the ordinance for this and all details listed are those included in those plans.

1773
02:05:39,480 --> 02:05:42,560
 And with that, I can answer any questions.

1774
02:05:42,560 --> 02:05:47,880
 I do also have a response related to the question asked during work session.

1775
02:05:47,880 --> 02:05:54,240
 So I did, and let me just stop sharing, I did reach out to our traffic engineer regarding

1776
02:05:54,240 --> 02:05:59,280
 the traffic signal at Dutchess and loop 288 for the grove.

1777
02:05:59,280 --> 02:06:04,480
 He indicated that the city would be the one to install the traffic signal.

1778
02:06:04,480 --> 02:06:10,160
 It would be prior to issuance of any COs for that development.

1779
02:06:10,160 --> 02:06:12,280
 And so, yes, the city would build it.

1780
02:06:12,280 --> 02:06:17,560
 Any funds associated with this project would be used for the design of the traffic signal.

1781
02:06:17,560 --> 02:06:18,560
 Okay.

1782
02:06:18,560 --> 02:06:19,560
 Excellent.

1783
02:06:19,560 --> 02:06:20,560
 Thank you, Carina, for that.

1784
02:06:20,560 --> 02:06:21,560
 Any other questions?

1785
02:06:21,560 --> 02:06:22,560
 Any questions for Carina?

1786
02:06:22,560 --> 02:06:30,280
 Commissioner Anderson?

1787
02:06:30,280 --> 02:06:31,800
 Yes.

1788
02:06:31,800 --> 02:06:33,240
 Okay.

1789
02:06:33,240 --> 02:06:39,000
 For one, I'm not a big fan of apartments going along here, to be honest.

1790
02:06:39,000 --> 02:06:41,040
 We got the grove going across the street.

1791
02:06:41,040 --> 02:06:42,040
 I wasn't for that either.

1792
02:06:42,040 --> 02:06:45,360
 Now we're going to put another one across the other street, we're going to put a red

1793
02:06:45,360 --> 02:06:46,360
 light right there.

1794
02:06:46,360 --> 02:06:48,460
 You got a red light at McKinney Street.

1795
02:06:48,460 --> 02:06:52,360
 So when the light turns green, you're going to go about 200 yards and you're going to

1796
02:06:52,360 --> 02:06:55,320
 have to stop at another stop sign, I mean, stop light.

1797
02:06:55,320 --> 02:06:58,720
 I thought Loop 288 is to move traffic, not stop traffic.

1798
02:06:58,720 --> 02:07:02,040
 I mean, we're going to put another one down by Audre Lane.

1799
02:07:02,040 --> 02:07:06,440
 So right when you get off of University Drive, you're going to go to north, south on Loop

1800
02:07:06,440 --> 02:07:09,680
 288 and you're going to have a red light at Audre Lane.

1801
02:07:09,680 --> 02:07:15,280
 So we're congesting traffic and now we're going to add two more sets of apartment complexes

1802
02:07:15,280 --> 02:07:16,560
 there.

1803
02:07:16,560 --> 02:07:23,800
 And it says for community mixed use, it says to promote a mix of uses of which various

1804
02:07:23,800 --> 02:07:26,360
 commercial uses remain predominant.

1805
02:07:26,360 --> 02:07:31,360
 We're not making it predominant, we're making this more multi-family predominant.

1806
02:07:31,360 --> 02:07:39,920
 From Audre Lane, I mean, from Audre and Woodrow Lane to Loop 288, there's already 10 apartment

1807
02:07:39,920 --> 02:07:43,560
 complexes, affordable housing apartment complexes.

1808
02:07:43,560 --> 02:07:51,320
 And now we want to put two more so we're going to have 12 within three quarters of a mile

1809
02:07:51,320 --> 02:07:57,200
 and add more red lights and then we're going to have traffic going in and out off of Loop

1810
02:07:57,200 --> 02:07:58,200
 288.

1811
02:07:58,200 --> 02:08:02,920
 I just think it's going to cause a lot of headaches, to be honest with you.

1812
02:08:02,920 --> 02:08:06,760
 And I mean, if the developers are here and they're going to have a presentation, I'd

1813
02:08:06,760 --> 02:08:07,760
 like to see what they say.

1814
02:08:07,760 --> 02:08:14,080
 But I mean, I don't think I can get behind this stuff, it's, DEN is becoming too apartment

1815
02:08:14,080 --> 02:08:15,080
 happy, I think.

1816
02:08:15,080 --> 02:08:19,720
 I mean, we've got so many apartment complexes popping up everywhere.

1817
02:08:19,720 --> 02:08:24,400
 And like you said, it says right here that, I mean, if you go back to slide 12, even,

1818
02:08:24,400 --> 02:08:30,520
 but it says, you know, it's to remain predominant commercial and all we're doing is making it,

1819
02:08:30,520 --> 02:08:32,520
 you know, multi-family.

1820
02:08:32,520 --> 02:08:36,640
 And you know, I'm not against affordable housing, believe me, I think we ought to have it, but

1821
02:08:36,640 --> 02:08:39,960
 right there on the major thoroughfare off of Loop 288, that's supposed to be a major

1822
02:08:39,960 --> 02:08:42,120
 thoroughfare to get traffic through.

1823
02:08:42,120 --> 02:08:47,000
 And all we're doing is adding more congestion and more red lights, you know, and I mean,

1824
02:08:47,000 --> 02:08:49,360
 like it says right there, you know, community mixed use.

1825
02:08:49,360 --> 02:08:59,360
 And also, if you go forward a couple of slides, let's see there, I mean, it's going to develop

1826
02:08:59,360 --> 02:09:02,520
 another 1,175 daily trips.

1827
02:09:02,520 --> 02:09:09,800
 If you go through there at 8 o'clock in the morning, from University to 288, you stop

1828
02:09:09,800 --> 02:09:12,560
 at Loop 288, I mean, you stop at McKinney Street.

1829
02:09:12,560 --> 02:09:16,960
 That traffic backs up past Sonic all the way back to Dairy Queen.

1830
02:09:16,960 --> 02:09:19,720
 Now those cars are going to get to move up 200 yards and stop again.

1831
02:09:19,720 --> 02:09:24,760
 I just think it's, I think we're just congesting traffic is what we're doing instead of making

1832
02:09:24,760 --> 02:09:25,760
 it better.

1833
02:09:25,760 --> 02:09:28,200
 So anyway, I'd like to hear what they have to say.

1834
02:09:28,200 --> 02:09:32,560
 Are there any further questions for staff?

1835
02:09:32,560 --> 02:09:38,240
 Well, it just so happens I do have a card here from the applicant and they will speak.

1836
02:09:38,240 --> 02:09:50,640
 So I will invite Amy Bissett up for her presentation.

1837
02:09:50,640 --> 02:10:00,300
 Good evening, commissioners.

1838
02:10:00,300 --> 02:10:04,600
 My name is Amy Bissett, 100 West Oak Street, Denton 76201.

1839
02:10:04,600 --> 02:10:08,340
 I appreciate the opportunity to be here before you in person this evening.

1840
02:10:08,340 --> 02:10:13,440
 It's been a while since I've been at this podium in person.

1841
02:10:13,440 --> 02:10:19,920
 I will make a very brief presentation and I have two representatives of the developer

1842
02:10:19,920 --> 02:10:23,760
 here with me that will also join me in that presentation.

1843
02:10:23,760 --> 02:10:28,600
 I'm going to try to get through this breathing through a mask, but may hyperventilate and

1844
02:10:28,600 --> 02:10:31,880
 fall over just like Karina mentioned earlier.

1845
02:10:31,880 --> 02:10:33,880
 It's not an easy task up here.

1846
02:10:33,880 --> 02:10:38,800
 So I do have with me Ryan Garcia and Mike Ash with JES Holdings.

1847
02:10:38,800 --> 02:10:40,240
 They are the developer.

1848
02:10:40,240 --> 02:10:46,200
 And then on the phone, I also have our engineer and our architect in case we get into some

1849
02:10:46,200 --> 02:10:49,840
 specific technical questions that may need to be answered.

1850
02:10:49,840 --> 02:10:54,880
 I do want to start by acknowledging and attempting to answer the questions that I heard both

1851
02:10:54,880 --> 02:11:01,960
 in work session as well as Commissioner Anderson's question and comments opening this evening.

1852
02:11:01,960 --> 02:11:05,920
 I want to start with the tree well question by Commissioner Pruitt.

1853
02:11:05,920 --> 02:11:10,720
 We were asked by the city to provide -- it was a recommendation and a request to provide

1854
02:11:10,720 --> 02:11:17,540
 a 12-foot wide sidewalk rather than the typical required 5-foot wide sidewalk.

1855
02:11:17,540 --> 02:11:20,440
 And our site constraints were pretty simple.

1856
02:11:20,440 --> 02:11:27,280
 From back of curb to existing utility poles was exactly 12 feet.

1857
02:11:27,280 --> 02:11:32,040
 So that was the space that we had to work in and we had multiple calls with the city

1858
02:11:32,040 --> 02:11:36,720
 to discuss how do we best configure that 12 feet of width.

1859
02:11:36,720 --> 02:11:42,800
 So you want only 5 feet that is further away from the road and then trees in between because

1860
02:11:42,800 --> 02:11:47,320
 they do require that street trees be within a certain distance from the road and within

1861
02:11:47,320 --> 02:11:48,680
 the right of way area.

1862
02:11:48,680 --> 02:11:54,640
 So we needed to be able to fit the trees and the sidewalk in there and there is our underground

1863
02:11:54,640 --> 02:11:56,560
 utilities there as well.

1864
02:11:56,560 --> 02:12:02,280
 So we heard from the city that their preference was the 12-foot sidewalk.

1865
02:12:02,280 --> 02:12:07,840
 And so we proposed the tree wells within the sidewalk to be able to accommodate not necessarily

1866
02:12:07,840 --> 02:12:14,340
 conflicting requests, but requests that could not easily be fit within that 12 feet.

1867
02:12:14,340 --> 02:12:20,040
 So that was the resolution that we reached in collaboration with the city.

1868
02:12:20,040 --> 02:12:27,240
 That way the trees are there, they create somewhat of a physical barrier, but the width

1869
02:12:27,240 --> 02:12:36,240
 of the sidewalk still accommodates more pedestrian and more mixed type of traffic there.

1870
02:12:36,240 --> 02:12:40,340
 So that was how we arrived at that conclusion.

1871
02:12:40,340 --> 02:12:45,360
 And we could have backed off to a 5-foot sidewalk, but that was really at the preference of the

1872
02:12:45,360 --> 02:12:46,360
 city staff.

1873
02:12:46,360 --> 02:12:53,600
 So the traffic signal question was answered and the third question was Commissioner Ellis,

1874
02:12:53,600 --> 02:12:55,600
 you asked about the dog park.

1875
02:12:55,600 --> 02:13:03,040
 The site, I have been working with the developer for, since February, well actually we submitted

1876
02:13:03,040 --> 02:13:08,600
 in February, so it's been longer than that, but we've configured and reconfigured the

1877
02:13:08,600 --> 02:13:14,160
 site and talked about how to program the site for many months and a dog park has been on

1878
02:13:14,160 --> 02:13:17,120
 the table during that whole time.

1879
02:13:17,120 --> 02:13:24,040
 We did confer based upon your question and I think the applicant is or the developer

1880
02:13:24,040 --> 02:13:29,520
 is amenable to adding the dog park, they have absolutely no issue with that, they just hadn't

1881
02:13:29,520 --> 02:13:33,440
 decided for certain whether that's how the space would be programmed yet.

1882
02:13:33,440 --> 02:13:37,920
 So you'll hear from them as well, but I don't think there's any issue with adding the dog

1883
02:13:37,920 --> 02:13:40,160
 park to the site.

1884
02:13:40,160 --> 02:13:45,480
 So I'm going to do something a little bit unusual here, actually I'm going to address

1885
02:13:45,480 --> 02:13:54,680
 Commissioner Anderson's comments first, the COMP plan, the city's vision and policy document

1886
02:13:54,680 --> 02:14:04,360
 for land planning says that this intersection of Loop 288 and McKinney is intended for the

1887
02:14:04,360 --> 02:14:11,880
 highest density in the city of Denton, it is one of the nodes that is intended for essentially

1888
02:14:11,880 --> 02:14:20,000
 maximum development and Loop 288 is built to accommodate maximum traffic as a primary

1889
02:14:20,000 --> 02:14:21,000
 arterial.

1890
02:14:21,000 --> 02:14:26,840
 So I'm not dismissing your concerns, what I'm saying is that from a perspective of a

1891
02:14:26,840 --> 02:14:33,440
 land planner, when you look at where should this go, every document that guides city policy

1892
02:14:33,440 --> 02:14:36,240
 says this is that location.

1893
02:14:36,240 --> 02:14:45,480
 Furthermore, this area has been a food desert for quite some time and the conversation has

1894
02:14:45,480 --> 02:14:51,000
 been that we've got to get rooftops and people in there before we'll get the commercial to

1895
02:14:51,000 --> 02:14:57,120
 follow and I've been working on a number of sites in this corridor for four or five years

1896
02:14:57,120 --> 02:15:01,000
 and that's always been a conversation, let's get some rooftops in there so that we can get

1897
02:15:01,000 --> 02:15:03,440
 the commercial that we like to see.

1898
02:15:03,440 --> 02:15:10,240
 So from the perspective of the developer, they are looking at where does the city want

1899
02:15:10,240 --> 02:15:14,440
 us and every document says this is the right location.

1900
02:15:14,440 --> 02:15:20,840
 So with that, I'm going to share very briefly, take a little bit of different approach here

1901
02:15:20,840 --> 02:15:25,200
 and I want to tell you why this is one of my favorite developers that I've ever worked

1902
02:15:25,200 --> 02:15:26,200
 with.

1903
02:15:26,200 --> 02:15:35,020
 You guys see me up here monthly if not bi-weekly and JES Holdings has been an example of what

1904
02:15:35,020 --> 02:15:38,320
 I wish every client would be.

1905
02:15:38,320 --> 02:15:44,060
 They have listened to every request that the city had and has done their best to accommodate

1906
02:15:44,060 --> 02:15:48,200
 it, even if it was not a requirement.

1907
02:15:48,200 --> 02:15:51,200
 From the beginning, they reached out to local nonprofits.

1908
02:15:51,200 --> 02:15:56,520
 We've had multiple conversations with Pat Smith from Serve Denton, with Michelle Connor from

1909
02:15:56,520 --> 02:16:02,880
 Grace Like Rain to talk about collaborative opportunities to provide services to the community.

1910
02:16:02,880 --> 02:16:08,040
 They went above and beyond in environmental considerations with staying out of the ESA

1911
02:16:08,040 --> 02:16:13,800
 entirely, even though there is a process by which they could have encroached, maximizing

1912
02:16:13,800 --> 02:16:15,440
 tree preservation.

1913
02:16:15,440 --> 02:16:21,040
 We've had multiple conversations with the Parks Department about how can we activate

1914
02:16:21,040 --> 02:16:22,040
 that park?

1915
02:16:22,040 --> 02:16:25,280
 Is there an opportunity to bring it online sooner?

1916
02:16:25,280 --> 02:16:27,080
 What can we do to help?

1917
02:16:27,080 --> 02:16:30,520
 They have been amenable to all of those conversations.

1918
02:16:30,520 --> 02:16:35,920
 They've been very thoughtful in the amenities that they are providing the residents as well

1919
02:16:35,920 --> 02:16:38,600
 as their design.

1920
02:16:38,600 --> 02:16:45,280
 They've taken it very seriously, the idea of usable balconies and a long loop 288 providing

1921
02:16:45,280 --> 02:16:50,200
 Juliet balconies, even though they wouldn't want them to be usable because of the noise

1922
02:16:50,200 --> 02:16:56,920
 and they're trying to create some mitigation of noise from loop 288 to their residents.

1923
02:16:56,920 --> 02:17:01,320
 I wanted to say that it's been a privilege to work with them and to represent them.

1924
02:17:01,320 --> 02:17:06,480
 They are certainly the type of developer that, in my opinion, we would want to see in the

1925
02:17:06,480 --> 02:17:07,480
 city of Denton.

1926
02:17:07,480 --> 02:17:13,840
 They're meeting a very serious need in the city for affordable housing.

1927
02:17:13,840 --> 02:17:20,520
 I do just quickly want to point out that both Grace Lackrein and Sir Denton are very close

1928
02:17:20,520 --> 02:17:29,480
 to this location and so collaborative opportunities to serve citizens is well suited here.

1929
02:17:29,480 --> 02:17:31,600
 I'm going to skip these slides.

1930
02:17:31,600 --> 02:17:35,520
 You've already seen all of this detail from Karina and I'm going to introduce Ryan Garcia

1931
02:17:35,520 --> 02:17:38,120
 to come up and talk briefly about their company.

1932
02:17:38,120 --> 02:17:39,120
 Thank you.

1933
02:17:39,120 --> 02:17:40,120
 Thank you, Amy.

1934
02:17:40,120 --> 02:17:41,120
 Thank you, commissioners.

1935
02:17:41,120 --> 02:17:47,800
 I just want to, again, quickly introduce ourselves as the company on JES Holdings.

1936
02:17:47,800 --> 02:17:54,240
 We have four main affiliate companies to show that we are a vertically integrated company,

1937
02:17:54,240 --> 02:17:58,920
 with the big point being that we're not a flat by night developer.

1938
02:17:58,920 --> 02:18:02,560
 If you look at all points of our operating companies, we are here to be invested in the

1939
02:18:02,560 --> 02:18:04,520
 communities we develop in.

1940
02:18:04,520 --> 02:18:09,120
 Mike and I work on the development side, which is the initial sourcing and puts the developments

1941
02:18:09,120 --> 02:18:10,120
 together.

1942
02:18:10,120 --> 02:18:11,840
 We've done over 200 of them.

1943
02:18:11,840 --> 02:18:18,160
 We also, and something that makes us unique, is the sister company, Affordable Equity Partners.

1944
02:18:18,160 --> 02:18:20,280
 We will be our own investor in the deal.

1945
02:18:20,280 --> 02:18:24,440
 We've syndicated over $4 billion in state and federal tax credits.

1946
02:18:24,440 --> 02:18:29,680
 We will also be our own general contractor through Fairway Construction.

1947
02:18:29,680 --> 02:18:34,400
 They've completed over 200 developments across a 10-state portfolio, and we also have a management

1948
02:18:34,400 --> 02:18:39,320
 company where we manage over 200 separate complexes, all this to show that we're not

1949
02:18:39,320 --> 02:18:41,280
 going to build something and sell it in two years.

1950
02:18:41,280 --> 02:18:43,940
 We are building something to be invested in the community.

1951
02:18:43,940 --> 02:18:46,680
 We're going to be good neighbors, and we're going to be here for the long haul.

1952
02:18:46,680 --> 02:18:50,280
 We want to make sure it's a good partnership and good fit for everybody involved.

1953
02:18:50,280 --> 02:18:56,280
 Mike's going to talk a little bit about some of our property portfolio in Texas.

1954
02:18:56,280 --> 02:18:59,080
 Good evening, commissioners.

1955
02:18:59,080 --> 02:19:02,000
 My name is Mike Ash, Las Colinas, Texas.

1956
02:19:02,000 --> 02:19:05,160
 It's a pleasure to be with you tonight, and thank you for your time.

1957
02:19:05,160 --> 02:19:06,360
 We'd like to talk about a couple things.

1958
02:19:06,360 --> 02:19:10,880
 One is I'd like to try to address some of the issues that Commissioner Anderson brought

1959
02:19:10,880 --> 02:19:13,060
 up.

1960
02:19:13,060 --> 02:19:16,480
 From our perspective, looking at this site and working with Amy, and by the way, thank

1961
02:19:16,480 --> 02:19:22,560
 you for the kind words, Amy, we have worked very hard with staff, with Amy, with all city

1962
02:19:22,560 --> 02:19:28,280
 employees to try to develop a project that met the requirements and the desires of the

1963
02:19:28,280 --> 02:19:32,560
 city in terms of the comp plan, zoning, and all those issues.

1964
02:19:32,560 --> 02:19:33,560
 I think we've done that.

1965
02:19:33,560 --> 02:19:38,720
 I think this is a significant project for the city as it is for us also.

1966
02:19:38,720 --> 02:19:43,480
 The real question, I think, is commercial use, and is that a more appropriate use here?

1967
02:19:43,480 --> 02:19:47,640
 That's a question that communities all over the DFW area are wrestling with.

1968
02:19:47,640 --> 02:19:49,040
 How do we balance the housing needs?

1969
02:19:49,040 --> 02:19:51,160
 How do we balance our commercial needs?

1970
02:19:51,160 --> 02:19:55,020
 In this particular case, I'd like to suggest that a commercial use is probably not the

1971
02:19:55,020 --> 02:19:57,120
 appropriate use for this site.

1972
02:19:57,120 --> 02:20:01,760
 It is a very awkward site size and shape.

1973
02:20:01,760 --> 02:20:05,880
 It was very difficult for us to find a development plan that works for us.

1974
02:20:05,880 --> 02:20:09,080
 I think a commercial broker would tell you that that is going to be even tougher for

1975
02:20:09,080 --> 02:20:10,440
 a commercial use.

1976
02:20:10,440 --> 02:20:15,160
 I think a commercial broker would also tell you that the commercial use is likely to result

1977
02:20:15,160 --> 02:20:21,000
 in more curb cuts than the one point of entry we have right now, and is going to result

1978
02:20:21,000 --> 02:20:26,640
 in more traffic conflicts with traffic coming out onto the loop versus the one point we

1979
02:20:26,640 --> 02:20:28,080
 have right now.

1980
02:20:28,080 --> 02:20:33,080
 I believe that if you talk to a traffic engineer, they would tell you that a multifamily use,

1981
02:20:33,080 --> 02:20:37,720
 particularly in affordable housing use, which has typically fewer automobiles than a market

1982
02:20:37,720 --> 02:20:43,720
 rate apartment, is going to have less traffic impact than commercial uses.

1983
02:20:43,720 --> 02:20:48,720
 So I think there are a lot of reasons that this makes sense as a multifamily development.

1984
02:20:48,720 --> 02:20:53,320
 I also think that it would act as catalyst, providing the rooftops to the neighborhoods

1985
02:20:53,320 --> 02:20:57,980
 that Amy was talking about that will help commercial use to stimulate and grow.

1986
02:20:57,980 --> 02:21:03,900
 If you look at the map right now of the area, the four hard corners at the intersection

1987
02:21:03,900 --> 02:21:06,560
 just north of us are all commercial uses.

1988
02:21:06,560 --> 02:21:07,920
 So I think you see that development.

1989
02:21:07,920 --> 02:21:14,600
 I think our property will benefit commercial development by bringing more rooftops there.

1990
02:21:14,600 --> 02:21:18,520
 Ryan talked a little bit about the interrelated nature of our companies.

1991
02:21:18,520 --> 02:21:21,040
 I just want to talk a little bit about our portfolio.

1992
02:21:21,040 --> 02:21:25,120
 The only reason Ryan and I are here really is to introduce ourselves and start a relationship

1993
02:21:25,120 --> 02:21:27,260
 and get to know you a little bit.

1994
02:21:27,260 --> 02:21:33,760
 The company is an experienced developer of affordable housing.

1995
02:21:33,760 --> 02:21:37,840
 We've got probably 200 properties that we've developed, 200 properties that we manage,

1996
02:21:37,840 --> 02:21:41,560
 200 properties that we have built across the country.

1997
02:21:41,560 --> 02:21:46,320
 In terms of Texas, we've got 10 properties basically between Dallas, the Grand Prairie

1998
02:21:46,320 --> 02:21:52,360
 area, and then Austin with stops in Waco, but they're also along the I-35 corridor.

1999
02:21:52,360 --> 02:21:55,040
 And the reason we're sharing this with you is so that you know that we have a long-term

2000
02:21:55,040 --> 02:22:00,760
 commitment to the property, to the community, and that we want to be good partners with

2001
02:22:00,760 --> 02:22:04,880
 the city to bring this development to fruition.

2002
02:22:04,880 --> 02:22:05,880
 Thank you for your time.

2003
02:22:05,880 --> 02:22:08,320
 I also want to thank your staff for their time.

2004
02:22:08,320 --> 02:22:11,160
 They've done a great job walking us through the process.

2005
02:22:11,160 --> 02:22:15,640
 We haven't always got the answers that we've wanted from them, which ought to be good news

2006
02:22:15,640 --> 02:22:20,820
 from your perspective, but they have always been open and responsive and accessible and

2007
02:22:20,820 --> 02:22:21,940
 been straight shooters with us.

2008
02:22:21,940 --> 02:22:25,900
 So thank you to Karina and to Julie and to the rest of the city staff for that.

2009
02:22:25,900 --> 02:22:29,200
 And then Ryan and I are happy to answer any questions you may have.

2010
02:22:29,200 --> 02:22:39,160
 And Amy.

2011
02:22:39,160 --> 02:22:40,160
 Thank you.

2012
02:22:40,160 --> 02:22:43,480
 Are there any questions for the applicant?

2013
02:22:43,480 --> 02:22:44,480
 Commissioner McDade.

2014
02:22:44,480 --> 02:22:45,480
 Thank you, Chair.

2015
02:22:45,480 --> 02:22:52,020
 I just want to go off of what Commissioner Anderson talked about because I'm trying not

2016
02:22:52,020 --> 02:23:00,180
 to take this personal, but where you're building the apartments, that's actually my district.

2017
02:23:00,180 --> 02:23:08,520
 And like he said, when you want all your lane all the way down to the loop, to me that's

2018
02:23:08,520 --> 02:23:09,520
 too many apartments.

2019
02:23:09,520 --> 02:23:16,160
 I mean, I think true, we all need affordable housing, but I think we can find it in other

2020
02:23:16,160 --> 02:23:17,160
 areas.

2021
02:23:17,160 --> 02:23:23,040
 And when you talk about a food baron, I don't see how adding just 216 more, I mean adding

2022
02:23:23,040 --> 02:23:27,440
 another rooftop when we already have those many apartments, it's going to make it even

2023
02:23:27,440 --> 02:23:29,080
 closer to being a food baron.

2024
02:23:29,080 --> 02:23:34,000
 I don't see adding one more rooftop that's going to make that any different.

2025
02:23:34,000 --> 02:23:39,760
 If it's not there now, I don't really think it's ever going to be there.

2026
02:23:39,760 --> 02:23:44,920
 And actually the problem I have, this is my district, and right now I think we just have

2027
02:23:44,920 --> 02:23:49,680
 too many apartments in District 1.

2028
02:23:49,680 --> 02:23:56,920
 That's why I personally, I'm not trying to be, I just can't get behind this project.

2029
02:23:56,920 --> 02:23:57,920
 Thank you.

2030
02:23:57,920 --> 02:23:59,880
 Thank you, Commissioner McDade.

2031
02:23:59,880 --> 02:24:04,160
 Are there any other questions for the applicant?

2032
02:24:04,160 --> 02:24:06,480
 Amy, I'd like to go back.

2033
02:24:06,480 --> 02:24:08,400
 You mentioned my dog park question.

2034
02:24:08,400 --> 02:24:11,680
 Is that something that can be added to the site plan?

2035
02:24:11,680 --> 02:24:17,080
 Yes, we can absolutely add it to the site plan.

2036
02:24:17,080 --> 02:24:24,760
 We're also open to you adding it as a condition so that it comes back with it incorporated

2037
02:24:24,760 --> 02:24:27,600
 into the site plan if it were to proceed to City Council.

2038
02:24:27,600 --> 02:24:28,600
 Okay.

2039
02:24:28,600 --> 02:24:29,600
 Thank you, ma'am.

2040
02:24:29,600 --> 02:24:33,880
 Any other questions for the applicant?

2041
02:24:33,880 --> 02:24:36,200
 Okay, this is a public hearing.

2042
02:24:36,200 --> 02:24:38,160
 Stuart, do we have anyone on the line?

2043
02:24:38,160 --> 02:24:39,440
 No, ma'am.

2044
02:24:39,440 --> 02:24:41,680
 There's nobody on the line.

2045
02:24:41,680 --> 02:24:42,680
 Okay.

2046
02:24:42,680 --> 02:24:46,400
 And seeing no one further in the audience, I will go ahead and close the public hearing.

2047
02:24:46,400 --> 02:24:53,040
 I will make mention that there was one comment in favor using our online form, and that was

2048
02:24:53,040 --> 02:25:02,120
 mailed out to all of the commissioners and will be recorded in the city secretary's office.

2049
02:25:02,120 --> 02:25:08,800
 With that, I will entertain further discussion or a motion.

2050
02:25:08,800 --> 02:25:09,800
 Commissioner Pruitt?

2051
02:25:09,800 --> 02:25:13,040
 Yeah, thank you, Chair.

2052
02:25:13,040 --> 02:25:21,760
 I guess I just want to share what I see in this part of the city and how that might apply

2053
02:25:21,760 --> 02:25:24,680
 to some of the comments that have been made already.

2054
02:25:24,680 --> 02:25:36,120
 I think to Commissioner Anderson's point, it always feels strange when you smush a large

2055
02:25:36,120 --> 02:25:42,800
 apartment up next to a busy road, right, because maybe that's not where the people would like

2056
02:25:42,800 --> 02:25:44,220
 to live.

2057
02:25:44,220 --> 02:25:49,920
 Maybe it puts them in a position where even to get across the street to get to the shop,

2058
02:25:49,920 --> 02:25:53,280
 they have to get in their car and drive across because it's a six-lane roadway with people

2059
02:25:53,280 --> 02:25:56,160
 driving 50 miles an hour.

2060
02:25:56,160 --> 02:26:03,880
 So in typical sites, when I see this type of a layout, I get very concerned.

2061
02:26:03,880 --> 02:26:09,460
 In this specific situation, though, there are some mitigating factors to that, right?

2062
02:26:09,460 --> 02:26:12,820
 There's an open space future park just to the south.

2063
02:26:12,820 --> 02:26:20,020
 It's one of the rare places in our city where there's an already existing overpass where

2064
02:26:20,020 --> 02:26:25,520
 Loop 288 goes over a riparian area, and there's a planned trail corridor there.

2065
02:26:25,520 --> 02:26:31,360
 Sure, we don't know what is going to develop exactly on the west side of this, but it gives

2066
02:26:31,360 --> 02:26:38,600
 us an opportunity to get people in a place where they can take advantage of the commercial

2067
02:26:38,600 --> 02:26:44,400
 opportunities and density things that will be brought by development without being as

2068
02:26:44,400 --> 02:26:50,040
 impacted by 40,000 cars a day, right?

2069
02:26:50,040 --> 02:26:55,680
 So when I look at this site location compared to other sites like that that are next to

2070
02:26:55,680 --> 02:27:05,740
 a six-lane arterial, it has a number of advantages to me from a multifamily perspective.

2071
02:27:05,740 --> 02:27:10,620
 I get the concept that, hey, it looks like we're putting all of our apartments in the

2072
02:27:10,620 --> 02:27:16,040
 same region of town, trust me, I get that, right?

2073
02:27:16,040 --> 02:27:19,760
 At the same time, I think part of that is our fault, right?

2074
02:27:19,760 --> 02:27:25,760
 When we see applications to bring multifamily properties, maybe smaller ones, to different

2075
02:27:25,760 --> 02:27:31,920
 regions of town, we need to invite those and figure out where they can go and be supportive

2076
02:27:31,920 --> 02:27:33,120
 of those.

2077
02:27:33,120 --> 02:27:37,840
 Otherwise, we're going to continue to get more and more applications in regions that

2078
02:27:37,840 --> 02:27:42,420
 are far away from existing homeowners, basically.

2079
02:27:42,420 --> 02:27:49,680
 So I guess I understand the concerns, but when I look around in this general area and

2080
02:27:49,680 --> 02:28:00,160
 other areas of the city, I feel like other locations that would allay those concerns

2081
02:28:00,160 --> 02:28:05,680
 would potentially be worse for the future residents, right?

2082
02:28:05,680 --> 02:28:09,680
 So I think this is a good project.

2083
02:28:09,680 --> 02:28:10,680
 Is it perfect?

2084
02:28:10,680 --> 02:28:14,500
 No, no project is, right?

2085
02:28:14,500 --> 02:28:17,320
 I trust staff on the sidewalk issue.

2086
02:28:17,320 --> 02:28:22,440
 At the same time, when I drive around town, I see new subdivisions where sidewalks have

2087
02:28:22,440 --> 02:28:28,840
 serpentined in away from the roadway, and everybody's fine with it, but that's a minor

2088
02:28:28,840 --> 02:28:29,840
 thing, right?

2089
02:28:29,840 --> 02:28:36,800
 The important thing to me is future people living in these homes, how can they access

2090
02:28:36,800 --> 02:28:39,840
 nearby and further away areas of the city?

2091
02:28:39,840 --> 02:28:45,400
 And this seems to tick all those boxes to me.

2092
02:28:45,400 --> 02:28:46,400
 Thank you, Commissioner Pruitt.

2093
02:28:46,400 --> 02:28:48,560
 Commissioner Day, you're still on the board.

2094
02:28:48,560 --> 02:28:50,520
 Did you have further comment?

2095
02:28:50,520 --> 02:28:51,520
 Okay.

2096
02:28:51,520 --> 02:28:53,480
 Thank you.

2097
02:28:53,480 --> 02:28:57,480
 Anyone else in the discussion?

2098
02:28:57,480 --> 02:29:03,240
 I'll just say a few words, piggyback on what Commissioner Pruitt said as well as what the

2099
02:29:03,240 --> 02:29:04,440
 applicant presented.

2100
02:29:04,440 --> 02:29:09,920
 I think this is a prime area in our city, honestly, for this development.

2101
02:29:09,920 --> 02:29:17,000
 I think being there on the loop, it offers transportation options for people who may

2102
02:29:17,000 --> 02:29:26,120
 not have a car, there's services in the area for people who will be taking advantage of

2103
02:29:26,120 --> 02:29:27,920
 low-income housing.

2104
02:29:27,920 --> 02:29:35,320
 There are developments happening on those hard corners right now that offer conveniences

2105
02:29:35,320 --> 02:29:39,600
 in the area.

2106
02:29:39,600 --> 02:29:46,560
 They've shown that they've worked very hard and in great detail with the city to bring

2107
02:29:46,560 --> 02:29:54,680
 about a project that looks to me to fit in this spot very well.

2108
02:29:54,680 --> 02:29:58,600
 So, those are my comments on the project.

2109
02:29:58,600 --> 02:30:01,960
 Are there any others?

2110
02:30:01,960 --> 02:30:04,960
 Commissioner McDade?

2111
02:30:04,960 --> 02:30:05,960
 Thank you, Chair.

2112
02:30:05,960 --> 02:30:15,120
 I just have one more question, because I'm not sure how, like you say, you have 216 units.

2113
02:30:15,120 --> 02:30:19,360
 How do you go about allocating how many you want of those for affordable housing?

2114
02:30:19,360 --> 02:30:30,960
 How does that process work?

2115
02:30:30,960 --> 02:30:32,400
 The other is the market study.

2116
02:30:32,400 --> 02:30:37,760
 We did have a third-party market study done that ran the analysis of all the units, ran

2117
02:30:37,760 --> 02:30:41,800
 the analysis of how many competitive units there are in the market and what capture rates

2118
02:30:41,800 --> 02:30:42,800
 were for those.

2119
02:30:42,800 --> 02:30:47,360
 So, that was really the basis for the decision as to the makeup of the units.

2120
02:30:47,360 --> 02:30:58,320
 Thank you.

2121
02:30:58,320 --> 02:31:05,040
 Correct me if I'm wrong, Mike, but my understanding is that the unit mix is made up of different

2122
02:31:05,040 --> 02:31:12,200
 market bands of affordability, but the entire development is a tax credit development, so

2123
02:31:12,200 --> 02:31:17,040
 we'll all be affordable housing at different levels.

2124
02:31:17,040 --> 02:31:21,640
 Thank you.

2125
02:31:21,640 --> 02:31:24,640
 Any further discussion?

2126
02:31:24,640 --> 02:31:31,680
 The Chair will entertain a motion at this time.

2127
02:31:31,680 --> 02:31:32,680
 Commissioner Pruitt?

2128
02:31:32,680 --> 02:31:39,440
 I move approval with staff recommendations, with the staff recommended conditions.

2129
02:31:39,440 --> 02:31:40,440
 Okay.

2130
02:31:40,440 --> 02:31:44,200
 And, Commissioner Pruitt, I will second, but could I add a friendly amendment to please

2131
02:31:44,200 --> 02:31:46,400
 add a dog park to the site plan?

2132
02:31:46,400 --> 02:31:47,400
 Absolutely.

2133
02:31:47,400 --> 02:31:48,400
 Thank you for reminding me.

2134
02:31:48,400 --> 02:31:49,400
 I appreciate that.

2135
02:31:49,400 --> 02:31:53,280
 There's a first and a second for approval with the addition of a dog park on the site

2136
02:31:53,280 --> 02:31:54,280
 plan.

2137
02:31:54,280 --> 02:31:58,120
 Is there any discussion?

2138
02:31:58,120 --> 02:32:12,840
 Seeing none, let's vote on the board, please.

2139
02:32:12,840 --> 02:32:22,120
 That motion passes 3-2.

2140
02:32:22,120 --> 02:32:25,960
 That concludes our public hearings for this evening and moves us to the planning and zoning

2141
02:32:25,960 --> 02:32:26,960
 matrix.

2142
02:32:26,960 --> 02:32:32,140
 Haley, is there any updates for the matrix?

2143
02:32:32,140 --> 02:32:33,140
 Nothing specific to the matrix.

2144
02:32:33,140 --> 02:32:35,920
 I did want to give you a couple of updates from council.

2145
02:32:35,920 --> 02:32:37,520
 We did have two approvals last night.

2146
02:32:37,520 --> 02:32:43,960
 The single family lot on South Bonnie Bray Street was approved, as well as the rezoning

2147
02:32:43,960 --> 02:32:47,800
 for the two portions of the DME property at the Denton Energy Center.

2148
02:32:47,800 --> 02:32:48,800
 Okay.

2149
02:32:48,800 --> 02:32:49,800
 Thank you.

2150
02:32:49,800 --> 02:32:55,920
 Does anyone need to add anything to the matrix for Haley?

2151
02:32:55,920 --> 02:33:00,400
 I don't see anything, so with that, I will close the meeting at 747 p.m.

2152
02:33:00,400 --> 02:33:00,640
 Thank you.