WEBVTT

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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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 It's got to have a rational basis for that request.

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 This is often also related to impact fees or other exactions.

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 So that rational nexus is a term we bandy about.

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 Associated with that is rough proportionality, that those exactions imposed have to be proportionate

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 to the impact.

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 So they can't have a 10% impact, and then we ask for 100% of the payment or some other.

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 It's got to have that proportionate impact or that proportional, it's got to be roughly

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 proportionate to that impact.

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 And then similar concepts to PDs that we have seen are master plan communities and overlay

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 districts.

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 And we're going to talk about those briefly.

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 But first, I just want to stay on PDs just for one more slide.

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 So this is a PD.

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 It did not come forward in the city of Denton, it was from a neighboring community, but it

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 kind of shows typically what we see in commercial PDs or what is typical of a commercial PD.

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 Like straight zoning, PDs will have the text and the map.

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 So it's going to have both of those things with that PD.

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 But unlike straight zoning, it is specific to a certain piece of property.

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 So you can apply a zoning district to anywhere or an established zoning district to anywhere

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 within a city.

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 But a PD is only for that one piece of property.

00:18:28.160 --> 00:18:29.460
 And it runs with the land.

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.

00:18:36.300 --> 00:18:39.880
 And that's one thing that's come up in our discussions with these PDs.

00:18:39.880 --> 00:18:43.820
 So for instance, this developer said, okay, we're going to put these buildings in these

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

00:18:47.080 --> 00:18:51.160
 these locations, our dumpsters are going to go here, landscaping islands are going to

00:18:51.160 --> 00:18:52.160
 go here.

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.

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.

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

00:19:08.080 --> 00:19:09.080
 work within the city.

00:19:09.080 --> 00:19:15.040
 We know it's kind of new, but it is starting to work in that manner.

00:19:15.040 --> 00:19:19.480
 A master plan community, that was something in our 2002 debt and development code.

00:19:19.480 --> 00:19:22.880
 It's essentially a PD, but it's a really, really big PD.

00:19:22.880 --> 00:19:28.120
 It was either 125 acres or 300 acres, depending on ownership, and it really just provided

00:19:28.120 --> 00:19:30.080
 that alternative zoning.

00:19:30.080 --> 00:19:35.720
 So our 2002 development code did not have PDs, but it had these master plan communities,

00:19:35.720 --> 00:19:39.400
 which is essentially the same thing.

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

00:19:46.740 --> 00:19:49.320
 new MPCs move forward.

00:19:49.320 --> 00:19:52.000
 Those are really being handled just as PDs.

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

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

00:20:05.900 --> 00:20:08.080
 the Hills of Denton on the north side of town.

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

00:20:12.320 --> 00:20:14.840
 MPCs come forward.

00:20:14.840 --> 00:20:16.160
 And then overlay districts.

00:20:16.160 --> 00:20:20.440
 Our subchapter four in our debt and development code does address overlay districts and allows

00:20:20.440 --> 00:20:22.680
 for the creation of overlay districts.

00:20:22.680 --> 00:20:26.320
 It does require a text zoning amendment and a zoning map amendment.

00:20:26.320 --> 00:20:31.120
 So essentially, when an overlay district is created, it's then put into the Denton development

00:20:31.120 --> 00:20:33.160
 code in subchapter four.

00:20:33.160 --> 00:20:34.800
 And we have a few of them in the city of Denton.

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.

00:20:38.480 --> 00:20:41.320
 Fry Street, you may be familiar with that one.

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

00:20:45.960 --> 00:20:46.960
 of grayed out.

00:20:46.960 --> 00:20:49.360
 So you can see here's Razor Ranch here.

00:20:49.360 --> 00:20:50.360
 Fry Street's a little small.

00:20:50.360 --> 00:20:53.520
 We've got historic districts and then Unicorn Lake.

00:20:53.520 --> 00:20:58.400
 So Fry Street, it regulated parking, solid waste containers, signs, setbacks, and density.

00:20:58.400 --> 00:21:00.860
 That was the intent of Fry Street.

00:21:00.860 --> 00:21:06.600
 Unicorn Lake has additional regulations regarding uses, densities, dwelling sizes.

00:21:06.600 --> 00:21:10.880
 Razor Ranch has use and development standards.

00:21:10.880 --> 00:21:14.520
 Our historic districts, those are overlay districts within the city, so those are protected

00:21:14.520 --> 00:21:16.360
 by zoning.

00:21:16.360 --> 00:21:20.280
 And those are intended to protect and promote preservation within the city.

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

00:21:24.600 --> 00:21:25.600
 district.

00:21:25.600 --> 00:21:27.160
 It is shown right here.

00:21:27.160 --> 00:21:30.800
 And really, that restricts heights and it restricts uses.

00:21:30.800 --> 00:21:33.580
 Because of noise, you've got to restrict those uses.

00:21:33.580 --> 00:21:37.160
 It limits those residential uses because of the noise.

00:21:37.160 --> 00:21:41.600
 And then heights, obviously, because airplanes are coming in, the FAA wants to make sure

00:21:41.600 --> 00:21:47.760
 that those pilots and passengers are safe.

00:21:47.760 --> 00:21:51.640
 One thing I wanted to talk about that was related to overlay districts and some things

00:21:51.640 --> 00:21:56.040
 that we've talked about here are overlay conditions.

00:21:56.040 --> 00:22:00.840
 If you recall, in the 2002 development code, we had something called a mixed-use residential

00:22:00.840 --> 00:22:02.640
 protection overlay.

00:22:02.640 --> 00:22:07.680
 It allowed the Planning and Zoning Commission to recommend and City Council to approve overlay

00:22:07.680 --> 00:22:13.840
 restrictions that were more restrictive than the base zoning to ensure compatibility with

00:22:13.840 --> 00:22:15.540
 adjacent residential uses.

00:22:15.540 --> 00:22:20.520
 So it did allow those overlay conditions.

00:22:20.520 --> 00:22:23.560
 Those were carried forward in the 2019 code.

00:22:23.560 --> 00:22:30.120
 Those old overlay restrictions were carried forward in the 2019 Denton Development Code

00:22:30.120 --> 00:22:31.280
 as PDs.

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

00:22:36.320 --> 00:22:37.320
 process.

00:22:37.320 --> 00:22:45.220
 However, our new Denton Development Code does not permit just overlay conditions on base

00:22:45.220 --> 00:22:46.280
 zoning districts.

00:22:46.280 --> 00:22:52.720
 So while we do have overlay districts that are permitted and allowed, those overlay conditions

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.

00:23:00.800 --> 00:23:02.960
 Zoning processes, I'll go really quickly on this.

00:23:02.960 --> 00:23:06.880
 We've got first Zoning Map Amendment, you'll see those a lot.

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

00:23:12.840 --> 00:23:15.040
 on a certain piece of property.

00:23:15.040 --> 00:23:17.800
 Staff makes a recommendation, we review that.

00:23:17.800 --> 00:23:24.080
 To public hearings, P&Z recommends approval or denial and then City Council either approves

00:23:24.080 --> 00:23:25.980
 or denies that request.

00:23:25.980 --> 00:23:28.640
 We do have criteria that we look at related to those.

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

00:23:33.120 --> 00:23:38.080
 on and what the basis for the decision should be.

00:23:38.080 --> 00:23:43.080
 Plan developments, we have that process laid out in subchapter two as well.

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.

00:23:47.640 --> 00:23:52.440
 So that's really kind of what we look at, is when we need that flexibility.

00:23:52.440 --> 00:23:57.520
 As I mentioned, it includes that map as well as the text, so those development standards

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

00:24:04.440 --> 00:24:08.960
 need to say in those development standards where they want to deviate and then what maybe

00:24:08.960 --> 00:24:12.620
 those offsets are.

00:24:12.620 --> 00:24:19.800
 One thing to keep in mind, you cannot deviate from gas wells, ESUs or tree preservation

00:24:19.800 --> 00:24:20.800
 with a PD.

00:24:20.800 --> 00:24:25.640
 Those have to be either addressed separately or they need to comply with those standards.

00:24:25.640 --> 00:24:28.280
 It follows the zoning amendment process.

00:24:28.280 --> 00:24:30.720
 Amendments for PDs, we talked about this a couple weeks ago.

00:24:30.720 --> 00:24:34.080
 We have that major and minor amendment.

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

00:24:41.280 --> 00:24:46.320
 change the use, wouldn't change the intensity, but still is a change to that PD.

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

00:24:50.240 --> 00:24:51.920
 owners within 200 feet.

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

00:24:56.800 --> 00:25:03.520
 to that or an opposition to that proposal that cannot be addressed, that cannot be sort

00:25:03.520 --> 00:25:08.520
 of worked through, then it does change to a major amendment, and a major amendment goes

00:25:08.520 --> 00:25:14.360
 to Planning and Zoning Commission and City Council, just like any other zoning action.

00:25:14.360 --> 00:25:17.000
 Once again, we do have criteria for approval.

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.

00:25:22.120 --> 00:25:27.960
 Once again, follows that zoning amendment process.

00:25:27.960 --> 00:25:31.660
 A specific use permit, that is sort of zoning adjacent.

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

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

00:25:39.720 --> 00:25:42.700
 require a specific use permit.

00:25:42.700 --> 00:25:49.380
 A specific use permit, it follows the dual public hearing process, so it comes before

00:25:49.380 --> 00:25:52.520
 the Planning and Zoning Commission and onto City Council.

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

00:25:57.760 --> 00:25:59.220
 need a little extra scrutiny.

00:25:59.220 --> 00:26:04.420
 There may be impacts associated with that use that could create challenges for nearby

00:26:04.420 --> 00:26:08.560
 properties, and so it gives a little extra scrutiny, allows the Planning and Zoning Commission

00:26:08.560 --> 00:26:15.380
 and Council to look at it.

00:26:15.380 --> 00:26:16.700
 And then an alternative ESA plan.

00:26:16.700 --> 00:26:23.280
 We don't see these very often, but that is that discretionary process to allow property

00:26:23.280 --> 00:26:28.600
 owners to address those ESA regulations, follows that zoning process as well.

00:26:28.600 --> 00:26:33.580
 Once again, it does have criteria for approval that we look at.

00:26:33.580 --> 00:26:35.400
 It's a little more on SUPs.

00:26:35.400 --> 00:26:42.180
 You're going to see one tonight, so this shouldn't be new, but it does.

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.

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.

00:26:51.800 --> 00:26:55.640
 Those site plan and landscape plans, those are attached to the ordinance, often with

00:26:55.640 --> 00:26:59.680
 conditions that they have to follow.

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

00:27:06.740 --> 00:27:13.440
 modification, but we always reserve the right that any changes to that SUP need to move

00:27:13.440 --> 00:27:16.000
 forward for public hearing.

00:27:16.000 --> 00:27:20.600
 They do expire after two years, I believe, yes, Haley's nodding.

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

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

00:27:34.880 --> 00:27:36.840
 to that ordinance.

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

00:27:43.160 --> 00:27:46.800
 talk briefly about where you can find the information you need.

00:27:46.800 --> 00:27:48.560
 Step chapter one is our general standards.

00:27:48.560 --> 00:27:53.680
 It includes the authority for the DDC, our enforcement, our non-conforming regulations,

00:27:53.680 --> 00:27:55.280
 so that's kind of important.

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

00:28:03.720 --> 00:28:07.200
 maybe fewer projects transitioning, but that was something that was really important when

00:28:07.200 --> 00:28:10.360
 we were first implementing that code.

00:28:10.360 --> 00:28:12.520
 Step chapter two is the administration and procedures.

00:28:12.520 --> 00:28:15.040
 It's kind of what we're talking about tonight.

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,

00:28:20.240 --> 00:28:23.560
 who can approve it, what happens after it's approved.

00:28:23.560 --> 00:28:26.000
 If they want to make changes, how do we address that?

00:28:26.000 --> 00:28:29.600
 So it provides all those rules of the road for us.

00:28:29.600 --> 00:28:33.960
 Step chapter three establishes those zoning districts, what all those base districts are

00:28:33.960 --> 00:28:37.520
 and what the dimensional requirements are.

00:28:37.520 --> 00:28:41.400
 It also includes those purpose statements.

00:28:41.400 --> 00:28:45.680
 Step chapter four, we talked about overlay districts, use regulations.

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.

00:28:49.720 --> 00:28:55.080
 So it includes the permitted use tables, use specific standards, that was something new

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

00:29:00.740 --> 00:29:06.680
 to refer to the use specific standards because it might limit the height of that particular

00:29:06.680 --> 00:29:13.120
 use or maybe require additional screening for that use or maybe limits the amount of

00:29:13.120 --> 00:29:16.400
 square footage that that use can develop.

00:29:16.400 --> 00:29:22.760
 So those are important, not only for this commission and for staff, but also for the

00:29:22.760 --> 00:29:26.040
 public to understand what they can do with their property.

00:29:26.040 --> 00:29:30.760
 That also includes performance standards and I know Commissioner Perrett, you had a question

00:29:30.760 --> 00:29:35.680
 regarding performance zoning, but we also have in our code performance standards.

00:29:35.680 --> 00:29:43.320
 And those really do, those regulate all uses in that smoke, odor, toxic matter, vibration,

00:29:43.320 --> 00:29:49.040
 noise, and glare, so those are those impacts that a particular use could have.

00:29:49.040 --> 00:29:53.200
 We do regulate those in the Denton Development Code.

00:29:53.200 --> 00:29:58.560
 Our code of ordinances also has additional standards, things like how many animals you

00:29:58.560 --> 00:30:01.200
 can keep on the property.

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

00:30:06.800 --> 00:30:12.520
 how properties do impact their neighbors.

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

00:30:17.440 --> 00:30:19.880
 of development in the city of Denton.

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

00:30:26.280 --> 00:30:33.800
 to tree preservation and then access, parking, building design, and then how tall your light

00:30:33.800 --> 00:30:35.400
 poles can be in your parking lot.

00:30:35.400 --> 00:30:39.280
 So it includes everything when you're developing your property.

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,

00:30:46.560 --> 00:30:53.880
 it also includes cluster development standards, and then sub Chapter 9 is definitions.

00:30:53.880 --> 00:30:58.320
 We have an interactive map that then relates to our zoning text.

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

00:31:04.920 --> 00:31:06.980
 then folks at home.

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

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

00:31:17.080 --> 00:31:18.080
 word that says maps.

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

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

00:31:27.600 --> 00:31:33.200
 on interactive map, and then that's what gets this big interactive map to pull up.

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

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

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

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

00:31:54.140 --> 00:32:01.000
 layers and really look at how the city comes together in terms of infrastructure and planning

00:32:01.000 --> 00:32:04.560
 and built environment and open spaces.

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

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

00:32:17.440 --> 00:32:20.680
 see how a piece of property evolved.

00:32:20.680 --> 00:32:23.080
 It includes our overlay districts.

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

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

00:32:32.400 --> 00:32:34.240
 at cases.

00:32:34.240 --> 00:32:38.700
 For further information, you may recall that our GIS group had a presentation for you all

00:32:38.700 --> 00:32:40.460
 in December of last year.

00:32:40.460 --> 00:32:45.280
 You can refer to that, you can go to the website and watch that again.

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.

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

00:32:55.360 --> 00:33:00.340
 to you, so you can follow some links that we often look at.

00:33:00.340 --> 00:33:03.120
 We often look at the Denton Central Appraisal District.

00:33:03.120 --> 00:33:08.920
 We look at see who the property owners are with the CAD.

00:33:08.920 --> 00:33:12.840
 American Planning Association has a lot of good reference materials you can look at.

00:33:12.840 --> 00:33:14.000
 I don't know how to say it.

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

00:33:18.200 --> 00:33:23.120
 has a lot of planning, current topics, and articles for you to read.

00:33:23.120 --> 00:33:27.640
 We look at the census, census is great for demographic information.

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

00:33:32.600 --> 00:33:37.600
 traffic counts and a lot of other information regarding mobility and air quality and all

00:33:37.600 --> 00:33:41.640
 sorts of good stuff for the general area.

00:33:41.640 --> 00:33:46.600
 NACTO, the National Association for City Transportation Officials, they have a lot of really good

00:33:46.600 --> 00:33:47.640
 resource materials.

00:33:47.640 --> 00:33:48.640
 You can look there.

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

00:33:53.200 --> 00:33:54.200
 Code.

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

00:34:00.880 --> 00:34:01.880
 Growth Concept.

00:34:01.880 --> 00:34:03.600
 We often talk about that in the Future Land Use Map.

00:34:03.600 --> 00:34:06.960
 I've given you the code, the page references.

00:34:06.960 --> 00:34:12.480
 Denton Plan Update, that is our Comprehensive Plan Update.

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.

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

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.

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

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

00:34:45.640 --> 00:34:48.960
 you can look at to see what that kind of draft plan is.

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

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.

00:35:00.960 --> 00:35:03.240
 And that really concludes my presentation.

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

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

00:35:15.040 --> 00:35:21.000
 know the time, but it is at Development Services Center that hopefully you can attend.

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.

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.

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

00:35:34.160 --> 00:35:41.240
 new building and interact with the maps and see how the plan is going.

00:35:41.240 --> 00:35:45.200
 If you have any questions, I'll be happy to answer them.

00:35:45.200 --> 00:35:48.560
 Julie thanks for a great presentation, great information.

00:35:48.560 --> 00:35:50.040
 Anybody have any questions for Julie?

00:35:50.040 --> 00:35:54.600
 You can hit your button.

00:35:54.600 --> 00:35:55.960
 Commissioner Pruitt.

00:35:55.960 --> 00:35:56.960
 Thank you.

00:35:56.960 --> 00:36:01.760
 Just, thank you for all the information, first of all, it was a very helpful overview.

00:36:01.760 --> 00:36:11.520
 I'm curious, you mentioned the process by which PDs are amended or rezoned from.

00:36:11.520 --> 00:36:16.440
 What determines who is able to initiate that process?

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

00:36:22.320 --> 00:36:27.040
 owner that would like to initiate that process, what would that look like?

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

00:36:31.800 --> 00:36:32.800
 in control of the property.

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

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

00:36:45.400 --> 00:36:50.040
 up to that property owner and then we would have to send out the requisite notifications

00:36:50.040 --> 00:36:53.040
 and it would be up to council whether to approve that.

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

00:36:59.720 --> 00:37:03.080
 if you will of all of the landowners within the PD.

00:37:03.080 --> 00:37:06.120
 Well, Mac may want to weigh in.

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

00:37:14.360 --> 00:37:18.480
 adjacent property owners in that PD, but you may know more than me.

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

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

00:37:27.400 --> 00:37:28.400
 PD that other properties all belong to.

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,

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

00:37:36.160 --> 00:37:40.960
 even though it's within an existing PD.

00:37:40.960 --> 00:37:41.960
 Thank you.

00:37:41.960 --> 00:37:42.960
 Sure.

00:37:42.960 --> 00:37:43.960
 Anyone else?

00:37:43.960 --> 00:37:44.960
 I don't see anything.

00:37:44.960 --> 00:37:45.960
 Thank you.

00:37:45.960 --> 00:37:46.960
 Thank you, Julie.

00:37:46.960 --> 00:37:54.100
 Okay, that takes us to our next work session item, which is clarification of agenda items

00:37:54.100 --> 00:37:56.740
 for tonight's meeting.

00:37:56.740 --> 00:37:59.280
 First one being our minutes.

00:37:59.280 --> 00:38:01.400
 Any questions on the minutes?

00:38:01.400 --> 00:38:06.200
 There are two on today's agenda.

00:38:06.200 --> 00:38:08.200
 Okay.

00:38:08.200 --> 00:38:09.200
 Consent agenda.

00:38:09.200 --> 00:38:14.760
 Any questions on the consent?

00:38:14.760 --> 00:38:22.280
 That will move us to individual consideration for a PE 21.3.

00:38:22.280 --> 00:38:23.280
 That is Haley.

00:38:23.280 --> 00:38:26.760
 Julie's going to pull that up for me.

00:38:26.760 --> 00:38:28.080
 That sounds good.

00:38:28.080 --> 00:38:33.680
 This is a plat extension request for a preliminary plat of Country Club Road estates.

00:38:33.680 --> 00:38:39.560
 Some of you may remember this project has been going on since about 2017, I believe.

00:38:39.560 --> 00:38:41.800
 It is a single-family subdivision.

00:38:41.800 --> 00:38:43.120
 It's on the east side of Country Club Road.

00:38:43.120 --> 00:38:46.160
 We'll see the map in just a second.

00:38:46.160 --> 00:38:48.680
 Did I get there?

00:38:48.680 --> 00:38:50.480
 Yeah, slide four, please.

00:38:50.480 --> 00:38:54.560
 Or you can go on to five.

00:38:54.560 --> 00:38:58.280
 There we go.

00:38:58.280 --> 00:39:02.160
 So the property you can see outlined in yellow, you'll notice there are parcel boundaries

00:39:02.160 --> 00:39:04.400
 already drawn within part of that on our map.

00:39:04.400 --> 00:39:08.680
 Phase one has been final plotted since the preliminary plat was initially approved.

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

00:39:13.080 --> 00:39:14.880
 that preliminary plat.

00:39:14.880 --> 00:39:20.680
 So this particular plat, phase one was approved, final plotted in 2019, so that extended the

00:39:20.680 --> 00:39:21.680
 preliminary plat to 2021.

00:39:21.680 --> 00:39:26.120
 You can go to the next slide, please.

00:39:26.120 --> 00:39:28.080
 So this is just a look at the preliminary plat.

00:39:28.080 --> 00:39:32.680
 It's set to expire in just a few days on August 21st.

00:39:32.680 --> 00:39:34.600
 As I mentioned, phase one has been final plotted.

00:39:34.600 --> 00:39:37.040
 It's currently under construction.

00:39:37.040 --> 00:39:41.040
 Phase two, they have not been able to initiate yet, however.

00:39:41.040 --> 00:39:45.620
 The property owner and his applicant indicated that there have been several disruptions during

00:39:45.620 --> 00:39:50.880
 construction due to services, materials, and labor changes during the pandemic.

00:39:50.880 --> 00:39:56.720
 Similarly, or along with that, TextDOT has a widening project for FM 1830 or Country

00:39:56.720 --> 00:40:00.960
 Club Road, so they have a significant impact on this property.

00:40:00.960 --> 00:40:04.240
 There's a dotted line on phase two you can see.

00:40:04.240 --> 00:40:07.680
 And if TextDOT acquires that right of way as they expect, it could significantly alter

00:40:07.680 --> 00:40:11.020
 the amount of lots that they can achieve within phase two.

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

00:40:15.000 --> 00:40:16.600
 before coming forward with that plat.

00:40:16.600 --> 00:40:20.760
 So combined with those two effects, they're requesting a one-year extension to allow them

00:40:20.760 --> 00:40:22.480
 to work through those things.

00:40:22.480 --> 00:40:26.800
 And staff is recommending approval of that extension as they've continued to show progress

00:40:26.800 --> 00:40:30.040
 towards completion of the project.

00:40:30.040 --> 00:40:35.080
 I'm happy to answer any questions.

00:40:35.080 --> 00:40:37.280
 Any questions on this item?

00:40:37.280 --> 00:40:43.080
 Okay, I don't see any thank you, Julie and Haley.

00:40:43.080 --> 00:40:52.480
 Next item for individual consideration is PP 20029B, the Woodlands on McKinney Street,

00:40:52.480 --> 00:40:55.200
 which is Haley and Julie again.

00:40:55.200 --> 00:40:58.000
 We're a tag team these days.

00:40:58.000 --> 00:40:59.000
 Good.

00:40:59.000 --> 00:41:00.480
 You're a good tag team.

00:41:00.480 --> 00:41:01.480
 All right.

00:41:01.480 --> 00:41:03.740
 So this is a preliminary plat.

00:41:03.740 --> 00:41:07.840
 You may remember the Woodlands on McKinney Street being a much larger parcel that is

00:41:07.840 --> 00:41:09.860
 a manufactured home development.

00:41:09.860 --> 00:41:14.720
 The specific use permit for that project actually required them to maintain six one-acre lots

00:41:14.720 --> 00:41:18.620
 along their eastern border on Trinity Road.

00:41:18.620 --> 00:41:21.200
 So this is the preliminary plat for those six lots.

00:41:21.200 --> 00:41:24.800
 They are each one acre in size meeting the requirements of that SUP.

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.

00:41:29.000 --> 00:41:33.580
 And we are now recommending approval of this plat.

00:41:33.580 --> 00:41:34.580
 Thank you.

00:41:34.580 --> 00:41:36.560
 Any questions on this item?

00:41:36.560 --> 00:41:37.560
 Okay.

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

00:41:46.840 --> 00:41:51.680
 has withdrawn this item from tonight's agenda.

00:41:51.680 --> 00:41:59.320
 So we will go to PP, I'm sorry, FP 210023, which is Ron's item.

00:41:59.320 --> 00:42:00.320
 Hi, Ron.

00:42:00.320 --> 00:42:01.320
 Hello.

00:42:01.320 --> 00:42:02.320
 Thank you, Julie.

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

00:42:07.680 --> 00:42:08.680
 familiar with.

00:42:08.680 --> 00:42:13.000
 This is on the southwest corner of Mingo and Mockingbird.

00:42:13.000 --> 00:42:15.600
 The recommendation from staff is denial.

00:42:15.600 --> 00:42:22.240
 However, the applicant has submitted a 30-day extension for this application and staff has

00:42:22.240 --> 00:42:23.600
 no opposition.

00:42:23.600 --> 00:42:28.800
 That 30-day extension will take us to September 8th of the Planning, Zoning Commission meeting.

00:42:28.800 --> 00:42:29.800
 Okay.

00:42:29.800 --> 00:42:30.800
 Thanks, Ron.

00:42:30.800 --> 00:42:31.800
 And that concludes my presentation.

00:42:31.800 --> 00:42:32.800
 Okay.

00:42:32.800 --> 00:42:34.520
 Any questions for Ron on that?

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

00:42:39.040 --> 00:42:40.040
 requesting.

00:42:40.040 --> 00:42:41.040
 Correct.

00:42:41.040 --> 00:42:42.040
 Okay.

00:42:42.040 --> 00:42:43.040
 Thanks, Ron.

00:42:43.040 --> 00:42:44.040
 Okay.

00:42:44.040 --> 00:42:53.280
 And that will move us to FP 210017A, that is Julie's item.

00:42:53.280 --> 00:42:55.360
 Good evening.

00:42:55.360 --> 00:42:58.520
 This is FP 21-001A.

00:42:58.520 --> 00:43:02.760
 This has been before it is within the Robeson Ranch development.

00:43:02.760 --> 00:43:06.600
 It is a final plat for Unit 6-2.

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

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

00:43:17.360 --> 00:43:18.360
 any questions.

00:43:18.360 --> 00:43:20.760
 And there's already been an extension granted on this one, correct?

00:43:20.760 --> 00:43:21.760
 Yes, ma'am.

00:43:21.760 --> 00:43:22.760
 Yes, ma'am.

00:43:22.760 --> 00:43:23.760
 Okay.

00:43:23.760 --> 00:43:24.760
 Any questions on that one?

00:43:24.760 --> 00:43:25.760
 Okay.

00:43:25.760 --> 00:43:30.240
 Thanks, Julie.

00:43:30.240 --> 00:43:35.240
 You're sticking around for the next one, FP 21-0025.

00:43:35.240 --> 00:43:37.360
 This might also look familiar to you as well.

00:43:37.360 --> 00:43:43.560
 This is for the Grove as SUP was approved on this last year.

00:43:43.560 --> 00:43:47.200
 It is the final plat for this proposal.

00:43:47.200 --> 00:43:52.120
 They do have some requirements that they continue to have to work through, some comments.

00:43:52.120 --> 00:43:54.560
 And so staff does recommend denial.

00:43:54.560 --> 00:43:59.000
 They have requested an extension, and we have no objection to that extension to the September

00:43:59.000 --> 00:44:01.040
 8th PNC meeting.

00:44:01.040 --> 00:44:02.040
 Okay.

00:44:02.040 --> 00:44:03.040
 Great.

00:44:03.040 --> 00:44:04.040
 Any questions on that?

00:44:04.040 --> 00:44:05.040
 Okay.

00:44:05.040 --> 00:44:08.760
 Thank you, Julie.

00:44:08.760 --> 00:44:12.720
 That will take us to our public hearing portion of the agenda.

00:44:12.720 --> 00:44:15.960
 First one is DCA 21-03.

00:44:15.960 --> 00:44:20.280
 That is Ron's item.

00:44:20.280 --> 00:44:21.280
 Yes.

00:44:21.280 --> 00:44:43.200
 Second, ma'am chair, to pull up the presentation, and hopefully you'll see it.

00:44:43.200 --> 00:44:44.200
 There we go.

00:44:44.200 --> 00:44:49.480
 Ma'am chair, members of the commission, this is a development code amendment request, just

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

00:44:58.200 --> 00:45:05.320
 code amendment to amend what was the industrial center general zoning district from 65 feet

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

00:45:13.120 --> 00:45:15.000
 that was coming into the city.

00:45:15.000 --> 00:45:21.700
 Again, on August 17, the city council approved that increase in height limitation for the

00:45:21.700 --> 00:45:22.700
 ICG.

00:45:22.700 --> 00:45:32.160
 On October 1st, 2019, with the DDC update, that ICG was transitioned to HI.

00:45:32.160 --> 00:45:38.560
 By doing so, the development code also amended or changed the building height, what was again

00:45:38.560 --> 00:45:41.160
 140, brought it back down to 75.

00:45:41.160 --> 00:45:47.840
 Obviously, that caused a lot of issues in terms of nonconformity, in terms of several

00:45:47.840 --> 00:45:51.840
 structures, three in particular, that we are aware of.

00:45:51.840 --> 00:45:55.100
 It was really brought to our attention early in the process.

00:45:55.100 --> 00:45:59.520
 We had this in our code amendment list that we took to the DCRC.

00:45:59.520 --> 00:46:00.520
 We presented it to them.

00:46:00.520 --> 00:46:04.560
 Obviously, there was no concerns at that time because we were trying to correct nonconformity.

00:46:04.560 --> 00:46:10.000
 However, because this summer we received the application from a manufacturing company for

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

00:46:14.680 --> 00:46:16.040
 this on its own.

00:46:16.040 --> 00:46:25.720
 Again, this is for the zoning district of HI, amending specifically table 3.5-C, as

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

00:46:33.640 --> 00:46:34.640
 district.

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

00:46:41.880 --> 00:46:42.880
 feet.

00:46:42.880 --> 00:46:46.040
 The other way.

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

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

00:46:56.080 --> 00:46:57.520
 commerce area.

00:46:57.520 --> 00:47:03.480
 We do see some along I-37, that is, and south of I-35.

00:47:03.480 --> 00:47:07.780
 There's also a small number of parcels along Mayhill Drive.

00:47:07.780 --> 00:47:11.800
 You can see here by the landfill area.

00:47:11.800 --> 00:47:16.080
 What does that mean in terms of incompatible uses?

00:47:16.080 --> 00:47:23.480
 The DDC, the development code, has built in some standards and requirements in terms of

00:47:23.480 --> 00:47:25.520
 protecting those incompatible uses.

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.

00:47:32.000 --> 00:47:36.120
 You can see under the HI zoning district, and again, we're changing this maximum building

00:47:36.120 --> 00:47:42.640
 height from 75, or proposing to change it, that is, from 75 to 140 feet.

00:47:42.640 --> 00:47:49.560
 We also note that setback requirements, that if this was adjacent to a residential zoning

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

00:47:54.920 --> 00:48:02.520
 districts here, if it's adjacent to the HI, any development must be setback 200 feet.

00:48:02.520 --> 00:48:04.520
 So that is a significant amount of setback.

00:48:04.520 --> 00:48:10.360
 So again, to protect those incompatible uses, which in this regard is the residential uses

00:48:10.360 --> 00:48:15.240
 under all of the residential zoning districts that you see here.

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,

00:48:20.600 --> 00:48:25.040
 the HI covers majority of the area, again, west of I-35.

00:48:25.040 --> 00:48:30.640
 There are small pockets of residential zoning districts, like one here to the north, also

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

00:48:37.880 --> 00:48:43.560
 that comes in along adjacent to these residential zoning districts would have to be setback

00:48:43.560 --> 00:48:45.340
 200 feet.

00:48:45.340 --> 00:48:50.120
 The same applies here along I-35 and 377.

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

00:48:55.420 --> 00:49:00.800
 is not surrounded by residential, but if it is, again, the setback requirement still applies

00:49:00.800 --> 00:49:04.080
 200 feet from that property.

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

00:49:10.640 --> 00:49:11.640
 district.

00:49:11.640 --> 00:49:16.520
 There is a rural residential here, however, again, if a development were to come in and

00:49:16.520 --> 00:49:21.600
 develop on this property, they would have to be setback 200 feet from the residential

00:49:21.600 --> 00:49:22.960
 zoning district.

00:49:22.960 --> 00:49:28.320
 Last, buffer requirements, again, this is already in the development code, built in

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

00:49:33.200 --> 00:49:38.560
 developing use, in this case industrial, under the HI zoning district, they would have to

00:49:38.560 --> 00:49:41.720
 provide a buffer requirement, as you see here.

00:49:41.720 --> 00:49:49.220
 For example, if they were to build adjacent to a single family that's zone residential,

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

00:49:54.520 --> 00:49:57.640
 30 feet separation.

00:49:57.640 --> 00:50:03.720
 That 50 points is basically allowed under these elements that you see here, these buffer

00:50:03.720 --> 00:50:09.000
 elements, so they would have to provide a total of 50 points under which category or

00:50:09.000 --> 00:50:10.680
 which element they've chosen.

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

00:50:16.160 --> 00:50:18.440
 that that buffer is provided.

00:50:18.440 --> 00:50:23.000
 And for a commercial use, adjacency, they would have to provide 30 points, so a little

00:50:23.000 --> 00:50:29.360
 bit less, but still significant in terms of providing that buffer requirement.

00:50:29.360 --> 00:50:34.800
 Staff recommends approval of this code amendment as it meets the criteria for code amendments,

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

00:50:39.960 --> 00:50:40.960
 plan.

00:50:40.960 --> 00:50:43.640
 It does not conflict with any other provisions.

00:50:43.640 --> 00:50:47.320
 It demonstrates the need for the community, the community need.

00:50:47.320 --> 00:50:51.680
 It responds to the substantial change, again, the change in terms of the development code

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.

00:50:58.880 --> 00:51:01.360
 With that, I'll stand for any questions.

00:51:01.360 --> 00:51:04.240
 Thank you.

00:51:04.240 --> 00:51:05.700
 Thank you, Ron.

00:51:05.700 --> 00:51:09.580
 Any questions for Ron on this?

00:51:09.580 --> 00:51:12.640
 Mayor Cole.

00:51:12.640 --> 00:51:13.640
 Thank you, Chair.

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

00:51:21.200 --> 00:51:23.400
 left one.

00:51:23.400 --> 00:51:25.200
 That's in our backup.

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

00:51:34.360 --> 00:51:37.520
 to the north and across University Drive.

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?

00:51:42.080 --> 00:51:43.080
 The blue is...

00:51:43.080 --> 00:51:44.080
 A further 200 feet?

00:51:44.080 --> 00:51:47.360
 So I'm sorry, let me try and get the screen here.

00:51:47.360 --> 00:51:48.360
 Here we go.

00:51:48.360 --> 00:51:55.840
 It wasn't showing earlier, so I want to make sure I have your question correct.

00:51:55.840 --> 00:52:01.280
 Mr. Cole, which area?

00:52:01.280 --> 00:52:03.840
 The left, the one that's right across from Ranch of States.

00:52:03.840 --> 00:52:05.880
 What's the one in our backup?

00:52:05.880 --> 00:52:08.840
 I'm looking at the one where West University...

00:52:08.840 --> 00:52:10.600
 So Ranch of States is up here.

00:52:10.600 --> 00:52:11.600
 Right, right.

00:52:11.600 --> 00:52:14.440
 So below that, where that heavy blue is...

00:52:14.440 --> 00:52:15.440
 Right here?

00:52:15.440 --> 00:52:20.040
 The light, or the head, wherever the HI that we're going to, 140 feet.

00:52:20.040 --> 00:52:21.040
 Which is this dark...

00:52:21.040 --> 00:52:22.040
 Okay.

00:52:22.040 --> 00:52:23.040
 Yeah.

00:52:23.040 --> 00:52:24.040
 Okay.

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.

00:52:30.960 --> 00:52:33.480
 Right over here along University?

00:52:33.480 --> 00:52:34.480
 Yeah.

00:52:34.480 --> 00:52:35.480
 Yeah.

00:52:35.480 --> 00:52:36.480
 Okay.

00:52:36.480 --> 00:52:39.720
 So the zoning district does not look like it's residential.

00:52:39.720 --> 00:52:42.880
 No, but there are, I mean, there are homes that are now.

00:52:42.880 --> 00:52:43.880
 There are homes, yes.

00:52:43.880 --> 00:52:44.880
 So here and now.

00:52:44.880 --> 00:52:45.880
 Right.

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

00:52:50.960 --> 00:52:53.320
 what they're zoned, but they're still right now?

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,

00:52:58.720 --> 00:53:03.400
 so the 200 feet, in my opinion, would not, you know, not have to comply.

00:53:03.400 --> 00:53:06.160
 However, the buffer requirements will still have to apply.

00:53:06.160 --> 00:53:08.320
 And what would that buffer be?

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

00:53:13.960 --> 00:53:18.360
 a minimum of 30 foot setback for that property.

00:53:18.360 --> 00:53:22.800
 That is currently a single family detached use.

00:53:22.800 --> 00:53:23.800
 Okay.

00:53:23.800 --> 00:53:24.800
 Yeah.

00:53:24.800 --> 00:53:25.800
 Thank you, Laura.

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

00:53:32.240 --> 00:53:34.120
 a step back requirement.

00:53:34.120 --> 00:53:37.920
 When you're adjacent to a residential, I wanted to confirm that that would apply here.

00:53:37.920 --> 00:53:41.200
 I believe that would also offer protection in this instance.

00:53:41.200 --> 00:53:42.200
 Correct.

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

00:53:46.680 --> 00:53:51.400
 one, the major one obviously was a big one, and then also the buffer requirements.

00:53:51.400 --> 00:53:52.400
 Okay.

00:53:52.400 --> 00:53:55.640
 Ron, I have a question.

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

00:54:03.160 --> 00:54:04.640
 to that or no?

00:54:04.640 --> 00:54:09.040
 Again, based on the- Let's say the residential use in the ETJ.

00:54:09.040 --> 00:54:10.040
 Yeah.

00:54:10.040 --> 00:54:14.480
 There'd be no zoning district, right, in the ETJ, however, the use would still apply.

00:54:14.480 --> 00:54:16.040
 And so the protection would still be there?

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

00:54:22.240 --> 00:54:23.240
 family use.

00:54:23.240 --> 00:54:24.240
 Okay.

00:54:24.240 --> 00:54:25.240
 All right.

00:54:25.240 --> 00:54:30.160
 Any other questions on this item?

00:54:30.160 --> 00:54:32.160
 Thanks Ron.

00:54:32.160 --> 00:54:33.160
 Okay.

00:54:33.160 --> 00:54:40.040
 Our next public hearing item is Z210014.

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

00:54:46.660 --> 00:54:53.680
 of 9/8, so we are not going to hear that item today.

00:54:53.680 --> 00:54:57.240
 So that will take us to S210001.

00:54:57.240 --> 00:54:59.920
 Hi, Karina.

00:54:59.920 --> 00:55:00.920
 Hi.

00:55:00.920 --> 00:55:17.800
 Just give me one second to make sure we're still not sharing.

00:55:17.800 --> 00:55:38.360
 All right, there you go.

00:55:38.360 --> 00:55:48.160
 All right, so the item today is S210001, Pebblebrook Parkside.

00:55:48.160 --> 00:55:55.040
 So the request tonight is for a specific use permit to allow multifamily dwellings on a-

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

00:56:00.560 --> 00:56:05.760
 Loop 288, just about 300 feet south of East McKinney Street.

00:56:05.760 --> 00:56:10.120
 The site is located within the suburban corridor district.

00:56:10.120 --> 00:56:14.600
 So first, we'll go over the site plan.

00:56:14.600 --> 00:56:23.080
 So the proposed development includes six, three, and four-story buildings and one clubhouse.

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

00:56:29.000 --> 00:56:34.640
 as these three buildings here on the east side interior to the lot.

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.

00:56:40.400 --> 00:56:44.560
 And then the four-story building would be on the north side of the property.

00:56:44.560 --> 00:56:48.360
 So the request includes 216 dwelling units.

00:56:48.360 --> 00:56:52.600
 That includes one, two, and three-bedroom units.

00:56:52.600 --> 00:56:56.360
 Associated with this is 300 parking spaces.

00:56:56.360 --> 00:57:03.120
 That includes a parking alternative to allow a reduction in the minimum parking spaces

00:57:03.120 --> 00:57:05.000
 for this development.

00:57:05.000 --> 00:57:11.560
 Those alternatives include a reduction for affordable housing, bicycle substitutions,

00:57:11.560 --> 00:57:17.700
 as well as reduction of parking based on tree preservation.

00:57:17.700 --> 00:57:23.600
 So all of that incorporated, that comes to the 300 minimum parking spaces that are shown

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

00:57:30.480 --> 00:57:36.040
 are required at a minimum as well as those that are part of the substitution.

00:57:36.040 --> 00:57:42.480
 In addition, the developer is proposing a 12-foot side path along south Loop 288, that

00:57:42.480 --> 00:57:47.520
 is this bold orange line on the east side of Loop 288.

00:57:47.520 --> 00:57:53.560
 That is increased width from the minimum of five feet along the primary arterial.

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

00:58:03.320 --> 00:58:06.320
 and bicycle access into these buildings.

00:58:06.320 --> 00:58:10.760
 You can see that there's connections from that sidewalk directly to the buildings along

00:58:10.760 --> 00:58:17.240
 the frontage, as well as circulation to get to parking in the buildings in the rear.

00:58:17.240 --> 00:58:21.400
 With the development, they are proposing two driveway connections.

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.

00:58:28.960 --> 00:58:34.240
 So the southern driveway entrance is a full-axis driveway.

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

00:58:37.880 --> 00:58:40.140
 presentation.

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.

00:58:46.220 --> 00:58:49.240
 You saw the final plaque for that item today.

00:58:49.240 --> 00:58:54.000
 That multifamily development is located on the west side, directly adjacent to this,

00:58:54.000 --> 00:58:56.760
 on the west side of Loop 288.

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

00:59:04.960 --> 00:59:07.840
 other movements into that driveway.

00:59:07.840 --> 00:59:12.520
 So the northern driveway is a limited three-fourth access driveway.

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.

00:59:19.520 --> 00:59:26.800
 So that would be for traffic coming southbound on Loop 288 into the property.

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.

00:59:34.840 --> 00:59:40.900
 That is to provide that aerial access to the four-story building on the north side.

00:59:40.900 --> 00:59:45.000
 They were unable to provide that internal to the site.

00:59:45.000 --> 00:59:52.520
 So they did work with the fire department to allow two 45-foot rollback curves.

00:59:52.520 --> 00:59:55.320
 That would include grass pavers and reinforced concrete.

00:59:55.320 --> 01:00:00.140
 So that would be over the 12-foot side path.

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

01:00:04.480 --> 01:00:06.920
 access only.

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

01:00:10.680 --> 01:00:14.520
 see, but there's this hot pink lines that you'll see.

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

01:00:21.120 --> 01:00:24.880
 to the tenants of the site.

01:00:24.880 --> 01:00:28.040
 So next, I'll just go over the landscape plan just briefly.

01:00:28.040 --> 01:00:32.080
 Overall, they are proposing enhanced landscaping.

01:00:32.080 --> 01:00:39.660
 So above the minimum requirements, they are proposing 40% landscape area, 38% tree canopy.

01:00:39.660 --> 01:00:44.920
 That includes street trees along South Loop 288 on the east side.

01:00:44.920 --> 01:00:47.960
 They are proposed at alternative plant locations.

01:00:47.960 --> 01:00:53.900
 That is due to some easements and water lines along the frontage.

01:00:53.900 --> 01:01:01.280
 So they have proposed ornamental trees where there is no obstruction of those lines.

01:01:01.280 --> 01:01:08.580
 They're also proposing right-of-way screening in areas where you can see front parking.

01:01:08.580 --> 01:01:11.440
 So this is above what they're required to do.

01:01:11.440 --> 01:01:15.840
 Since the parking is not actually front parking, it's set back past the building line.

01:01:15.840 --> 01:01:20.480
 However, they are still screening it with continuous shrubs between the building and

01:01:20.480 --> 01:01:27.160
 Loop 288, as well as on that southern portion of the site.

01:01:27.160 --> 01:01:33.560
 They are also required to provide large canopy trees within the parking area.

01:01:33.560 --> 01:01:37.760
 So that would be within any end caps and any parking lot islands.

01:01:37.760 --> 01:01:42.900
 They have provided those as well as additional trees that are drought resistant and would

01:01:42.900 --> 01:01:47.240
 be planted at a higher caliper than required.

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.

01:01:51.880 --> 01:01:56.960
 Overall, they are exceeding minimum tree preservation by about 10%.

01:01:56.960 --> 01:02:04.200
 And they're also setting aside some open space areas for passive and active recreation.

01:02:04.200 --> 01:02:10.600
 So as you can see, these dark blue areas on the site, those are ESA.

01:02:10.600 --> 01:02:18.440
 So floodplain ESA to the south, a riparian buffer that snakes through the northeast side.

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

01:02:23.160 --> 01:02:27.120
 central gathering area.

01:02:27.120 --> 01:02:30.160
 So I'll just briefly go over the conceptual elevations.

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.

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

01:02:42.120 --> 01:02:44.440
 are along Loop 288.

01:02:44.440 --> 01:02:50.160
 And then the elevation on the bottom corner is the front and rear elevation for those

01:02:50.160 --> 01:02:53.140
 buildings that are actually more interior to the site.

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

01:02:58.560 --> 01:03:01.680
 Loop 288.

01:03:01.680 --> 01:03:05.680
 And then the next elevation is for the four-story building.

01:03:05.680 --> 01:03:13.840
 This is the front and rear elevation for that four-story building along South Loop 288.

01:03:13.840 --> 01:03:15.860
 So I'll go over the general approval criteria.

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

01:03:21.880 --> 01:03:25.600
 criteria for approval.

01:03:25.600 --> 01:03:28.720
 So first, we'll talk about Denton Plan 2030.

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

01:03:34.800 --> 01:03:40.760
 see that extends to the north and to the east of this property.

01:03:40.760 --> 01:03:46.240
 Community mixed use is intended to promote a mix of uses, which predominantly includes

01:03:46.240 --> 01:03:52.520
 commercial, but we're moderate and high-density residential, as well as services and other

01:03:52.520 --> 01:03:57.520
 uses that are complementary to that commercial are allowed.

01:03:57.520 --> 01:04:01.800
 So this is consistent or this development is consistent with the goals of the community

01:04:01.800 --> 01:04:04.360
 mixed use designation.

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

01:04:11.040 --> 01:04:16.960
 per acre, if we look at the community mixed use designation as a whole, that includes

01:04:16.960 --> 01:04:23.840
 existing multifamily, those projects that have been approved, combined with this proposal,

01:04:23.840 --> 01:04:30.240
 they would still remain within five dwelling units per acre, which still, it meets the

01:04:30.240 --> 01:04:35.720
 intent of that supportive residential commercial.

01:04:35.720 --> 01:04:44.600
 Second, talking about the goal CC4, which indicates that this area is near a corridor

01:04:44.600 --> 01:04:50.520
 or focus area, and so that encourages the use of multimodal transportation.

01:04:50.520 --> 01:04:56.360
 As mentioned earlier, the site or the development is proposing those internal pedestrian connections

01:04:56.360 --> 01:05:02.200
 with that 12-foot side path that would allow them to connect to existing transit.

01:05:02.200 --> 01:05:08.880
 Even though transit in Denton County or Denton is set to be discontinued in December, they

01:05:08.880 --> 01:05:14.760
 still will have access to that on-demand service provided by DCTA.

01:05:14.760 --> 01:05:19.240
 They've also provided those parking reductions, increased landscaping, they're providing some

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

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.

01:05:35.000 --> 01:05:40.800
 And last, when we talk about the comprehensive plan addressing goal HN1, the proposed development

01:05:40.800 --> 01:05:46.680
 does further efforts to expand the availability of affordable housing choices for community

01:05:46.680 --> 01:05:52.800
 members most in need, including those with low income.

01:05:52.800 --> 01:05:56.240
 So next we'll talk about compatibility with the surrounding area.

01:05:56.240 --> 01:06:02.640
 So as I mentioned, within this land use designation and this zoning district, this is predominantly

01:06:02.640 --> 01:06:05.680
 for commercial uses.

01:06:05.680 --> 01:06:11.960
 So the multi-family use is permitted in SE with this specific use permit.

01:06:11.960 --> 01:06:15.640
 As you'll see around it, there are existing commercial, I've kind of highlighted them

01:06:15.640 --> 01:06:17.440
 generally in purple.

01:06:17.440 --> 01:06:21.240
 So you'll see immediately adjacent, there are commercial uses.

01:06:21.240 --> 01:06:27.000
 There are also undeveloped properties that are shown to the east, north, and west.

01:06:27.000 --> 01:06:31.240
 I do want to highlight though that even though it's currently undeveloped, there are some

01:06:31.240 --> 01:06:36.540
 projects that are either have been approved or are in the development process.

01:06:36.540 --> 01:06:41.360
 That would include the multi-family project to the west, that is Denton Grove.

01:06:41.360 --> 01:06:46.680
 To the south, there is some office indoor recreational uses coming through for development,

01:06:46.680 --> 01:06:49.360
 as well as more commercial to the north.

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.

01:06:53.900 --> 01:06:58.880
 And then to the south is that Pebblebrook open space that we'll talk about later.

01:06:58.880 --> 01:07:03.040
 I do have mentioned that staff is going to recommend a condition related to that open

01:07:03.040 --> 01:07:09.520
 space and I'll get to it in the next couple of slides.

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

01:07:15.320 --> 01:07:20.780
 you again, those areas that snake through on the northeast side and to the south.

01:07:20.780 --> 01:07:24.260
 That is riparian buffer and floodplain ESA.

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

01:07:30.400 --> 01:07:31.400
 buffer.

01:07:31.400 --> 01:07:37.800
 So overall, there's approximately 1.92 acres covered on this property that includes FEMA

01:07:37.800 --> 01:07:39.960
 floodplain and ESA.

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

01:07:45.760 --> 01:07:46.880
 area.

01:07:46.880 --> 01:07:53.800
 However, there are two areas where they come just very close to that buffer line.

01:07:53.800 --> 01:07:56.080
 I've highlighted them in red.

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

01:08:04.600 --> 01:08:10.360
 on one of the buildings, I believe it's about seven to 10 feet from that.

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

01:08:15.320 --> 01:08:25.320
 add that additional level of support to ensure that once this project moves forward in the

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

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

01:08:36.040 --> 01:08:41.640
 of approval, ensuring that an alternative ESA would need to be approved in order for

01:08:41.640 --> 01:08:43.920
 this site plan to remain as is.

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

01:08:50.240 --> 01:08:52.800
 the ESA.

01:08:52.800 --> 01:09:01.600
 As I mentioned, tree preservation is being maintained along the outside area of the ESA.

01:09:01.600 --> 01:09:07.080
 They're also maintaining that area for active and passive recreation.

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

01:09:13.520 --> 01:09:17.940
 them to be "focal points" in our design.

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

01:09:23.880 --> 01:09:24.880
 residents.

01:09:24.880 --> 01:09:31.160
 So staff is also recommending a condition to ensure that those ESAs are protected through

01:09:31.160 --> 01:09:37.400
 signage that is indicated in our ESA primer, and I'll get to the language specifically

01:09:37.400 --> 01:09:42.600
 later in the presentation.

01:09:42.600 --> 01:09:48.800
 So next, talking about adequate public facilities, and first, of course, traffic.

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

01:09:55.520 --> 01:09:59.560
 morning peak trips and 95 evening trips.

01:09:59.560 --> 01:10:04.960
 So as was indicated in the traffic impact analysis, this development alone does not

01:10:04.960 --> 01:10:11.400
 warrant a traffic signal, however, combined with the approved multifamily to the west,

01:10:11.400 --> 01:10:15.400
 which is the Denton Grove, a traffic signal would be warranted.

01:10:15.400 --> 01:10:21.720
 So because of that, the TIA was conditionally approved to ensure that the applicant or the

01:10:21.720 --> 01:10:28.200
 developer identify what their proportional cost for that signal would be.

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,

01:10:34.840 --> 01:10:42.360
 the proportional cost of the signal based on the proportional impact would be assessed.

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,

01:10:49.400 --> 01:10:51.640
 which is fully built by TxDOT.

01:10:51.640 --> 01:10:59.760
 However, as part of this development, to increase the safety of pedestrians on site, the development

01:10:59.760 --> 01:11:04.880
 does propose a 12-foot, again, side path along South Loop 288.

01:11:04.880 --> 01:11:10.000
 Again, that is a five-foot minimum required along the primary arterial, as well as that

01:11:10.000 --> 01:11:15.920
 hooded left turn on South Loop 288 and that three-fourth access.

01:11:15.920 --> 01:11:19.560
 So adequate water and wastewater are available to the site.

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

01:11:25.920 --> 01:11:31.120
 to extend both water and wastewater in order to serve the development.

01:11:31.120 --> 01:11:37.000
 And then any impact fees would be assessed at platting and civil engineering plans.

01:11:37.000 --> 01:11:42.680
 Fire access is available via Fire Station 2, located on Mockingbird Lane.

01:11:42.680 --> 01:11:46.000
 So that's less than an eight-minute response time.

01:11:46.000 --> 01:11:50.240
 It's just kind of northeast, just past the light.

01:11:50.240 --> 01:11:54.080
 And then, as I mentioned earlier, they will provide that aerial access to the four-story

01:11:54.080 --> 01:11:58.560
 building off of South Loop 288.

01:11:58.560 --> 01:12:03.720
 So we did contact DISD regarding the number of students generated, or that would be generated

01:12:03.720 --> 01:12:07.040
 from this affordable housing project.

01:12:07.040 --> 01:12:14.880
 So approximately 65 elementary students for Rivera Elementary, 24 middle school students

01:12:14.880 --> 01:12:19.120
 to Meyer Middle School, and 35 high school students to Ryan.

01:12:19.120 --> 01:12:26.760
 DISD did indicate that the increase in students could be accommodated, even though there is

01:12:26.760 --> 01:12:31.160
 kind of a significant number of students that would be generated by this development and

01:12:31.160 --> 01:12:35.660
 the adjacent Grove project.

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

01:12:39.760 --> 01:12:44.440
 talk about it later, the Pebblebrook Open Space is located, again, directly adjacent

01:12:44.440 --> 01:12:45.440
 to this property.

01:12:45.440 --> 01:12:51.060
 However, it has not yet been developed by Parks and Rec.

01:12:51.060 --> 01:12:55.120
 And I believe the last time we spoke, the development was looking to be about three

01:12:55.120 --> 01:12:57.240
 or five years out.

01:12:57.240 --> 01:13:03.560
 So our development code does indicate that a development should connect to any existing

01:13:03.560 --> 01:13:04.960
 or future trails.

01:13:04.960 --> 01:13:10.640
 However, since the Bike Master Plan indicates a trail through Pecan Creek but doesn't have

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

01:13:15.520 --> 01:13:16.520
 future.

01:13:16.520 --> 01:13:22.600
 And we did also receive some feedback from City Council due to a related project.

01:13:22.600 --> 01:13:27.800
 So if you remember, the Legacy Multifamily Project off East McKinney, they also had a

01:13:27.800 --> 01:13:32.960
 condition added at City Council to add the connection to the future trail.

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

01:13:38.120 --> 01:13:43.960
 with Parks to find that appropriate connection and then add that to their civil engineering

01:13:43.960 --> 01:13:46.600
 plans and on.

01:13:46.600 --> 01:13:49.000
 So in addition to that, they do provide on-site amenities.

01:13:49.000 --> 01:13:50.720
 I won't go into them.

01:13:50.720 --> 01:13:55.680
 I did speak about them earlier, so I'll just move on.

01:13:55.680 --> 01:13:59.000
 So we did notice this project.

01:13:59.000 --> 01:14:04.100
 As you can see, within the 200-foot area, we did issue out 11 notices.

01:14:04.100 --> 01:14:09.720
 But within the 500 area, you'll see that the notices jumped up to 301.

01:14:09.720 --> 01:14:14.580
 That's because those notices were based off the utility address for multifamilies.

01:14:14.580 --> 01:14:16.920
 So as you can see, there's a lot of units there.

01:14:16.920 --> 01:14:19.400
 So there was a large number in notification.

01:14:19.400 --> 01:14:22.240
 However, we only received one response.

01:14:22.240 --> 01:14:23.700
 It was in favor.

01:14:23.700 --> 01:14:28.960
 That is the property located at the corner on Dutchess.

01:14:28.960 --> 01:14:33.040
 Two virtual neighborhood meetings were held for this development on June 30th and July

01:14:33.040 --> 01:14:34.040
 1st.

01:14:34.040 --> 01:14:36.400
 However, only one person was attendance.

01:14:36.400 --> 01:14:41.200
 The meeting was recorded though, so if anybody reached out, the developer did have that recording

01:14:41.200 --> 01:14:43.200
 to provide to them.

01:14:43.200 --> 01:14:46.200
 And you have to excuse me.

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.

01:14:51.720 --> 01:14:53.400
 A lot of language, so bear with me.

01:14:53.400 --> 01:14:57.760
 So staff is recommending approval with the following conditions.

01:14:57.760 --> 01:15:01.200
 First, I won't read through the whole condition entirely.

01:15:01.200 --> 01:15:07.260
 This is a standard landscape condition to allow us to have that ability to make some

01:15:07.260 --> 01:15:13.280
 minor changes based on what is provided for you today.

01:15:13.280 --> 01:15:18.980
 The second condition is related to that alternative ESA.

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,

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

01:15:30.120 --> 01:15:31.900
 by an alternative ESA.

01:15:31.900 --> 01:15:34.600
 So that's the second condition that's on there.

01:15:34.600 --> 01:15:37.800
 Third is in regards to ESA protection.

01:15:37.800 --> 01:15:42.040
 So that's an additional protection from that encroachment.

01:15:42.040 --> 01:15:47.120
 So any open spaces that have been set aside for active and passive recreation and that

01:15:47.120 --> 01:15:53.640
 are located adjacent to the ESA shall incorporate permanent signage designed to promote the

01:15:53.640 --> 01:15:56.040
 benefits of preserving ESAs.

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.

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

01:16:09.960 --> 01:16:20.240
 into the area, and so those signs would help educate the residents of this development.

01:16:20.240 --> 01:16:22.700
 And then fourth, trail connectivity.

01:16:22.700 --> 01:16:30.120
 So again, this was a request for a previous development from City Council that also related

01:16:30.120 --> 01:16:31.720
 to this property.

01:16:31.720 --> 01:16:35.800
 So we are requesting that the developer coordinate with the City of Denton's Parks Department

01:16:35.800 --> 01:16:41.400
 to identify the location of a future trail connection on their civil engineering plans

01:16:41.400 --> 01:16:46.720
 from their site to the Pebblebrook open space that is located to the south.

01:16:46.720 --> 01:16:50.280
 And then fifth, related to the traffic signal.

01:16:50.280 --> 01:16:57.680
 So while the traffic signal is being provided by the adjacent property, this development

01:16:57.680 --> 01:17:01.000
 does have a proportional cost associated with it.

01:17:01.000 --> 01:17:06.560
 So we are requesting that the developer prepare and submit a proportionality assessment to

01:17:06.560 --> 01:17:11.680
 the city engineer for the cost of the traffic signal design required at the intersection

01:17:11.680 --> 01:17:14.300
 of Dutchess Drive and South Loop 288.

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

01:17:19.200 --> 01:17:25.120
 amount that does not exceed their rough proportionality to the impacts of the proposed development.

01:17:25.120 --> 01:17:29.080
 And then the next two conditions are kind of standard, making sure that this would go

01:17:29.080 --> 01:17:36.560
 on our zoning map, allowing administrative approvals to make some minor modifications

01:17:36.560 --> 01:17:38.360
 to the site plan.

01:17:38.360 --> 01:17:43.840
 And then attached with that, anything attached to the ordinance, which includes a site plan,

01:17:43.840 --> 01:17:47.480
 landscape plan, and sample building would be attached to the ordinance, and so this

01:17:47.480 --> 01:17:51.760
 is just a breakdown of those elements.

01:17:51.760 --> 01:17:59.200
 And with that, I can answer any questions, but just give me a break to breathe.

01:17:59.200 --> 01:18:01.560
 Any questions for Carina?

01:18:01.560 --> 01:18:02.560
 Commissioner Pruitt?

01:18:02.560 --> 01:18:03.560
 Thank you, Chair.

01:18:03.560 --> 01:18:10.200
 First of all, thank you for all the comprehensive view of this project.

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

01:18:16.480 --> 01:18:20.840
 I think calls it as a sidewalk with a 12 foot path along the western edge.

01:18:20.840 --> 01:18:23.800
 It looked like the landscaping plan has trees in the middle of that.

01:18:23.800 --> 01:18:24.800
 Is that accurate?

01:18:24.800 --> 01:18:25.800
 Yes, that's correct.

01:18:25.800 --> 01:18:32.040
 So with the street tree location, there is, there were some, some like water lines, sewer

01:18:32.040 --> 01:18:35.360
 lines that kind of limited where they could be placed.

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.

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

01:18:52.680 --> 01:18:56.560
 be able to sufficiently walk around that area.

01:18:56.560 --> 01:19:01.400
 So I believe there's about six feet of added space outside the tree well.

01:19:01.400 --> 01:19:06.400
 So it will have basically a variable 12 foot along loop 288.

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

01:19:10.880 --> 01:19:13.240
 back to 12 where there are no trees.

01:19:13.240 --> 01:19:14.240
 Okay.

01:19:14.240 --> 01:19:18.640
 I guess is there something specific about the easement configuration between there and

01:19:18.640 --> 01:19:24.920
 the buildings that precludes a sidewalk from coming further from the road?

01:19:24.920 --> 01:19:25.920
 Yes.

01:19:25.920 --> 01:19:30.160
 So, so the side path would need to be within the right of way.

01:19:30.160 --> 01:19:38.080
 There is just based on the requirements for where our plantings could be, this is where

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

01:19:46.080 --> 01:19:49.400
 feet, I believe, is what the limit is.

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

01:19:55.080 --> 01:19:57.000
 of keep that push towards the right of way.

01:19:57.000 --> 01:20:01.040
 And this was kind of the best path forward.

01:20:01.040 --> 01:20:02.040
 Okay.

01:20:02.040 --> 01:20:05.440
 And there's, yeah, I trust staff on that.

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.

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

01:20:18.320 --> 01:20:24.080
 choosing to put the sidewalk more interior and leave a buffer space with trees between

01:20:24.080 --> 01:20:26.520
 the sidewalk and the roadway.

01:20:26.520 --> 01:20:30.960
 So, I don't know.

01:20:30.960 --> 01:20:32.640
 Thank you.

01:20:32.640 --> 01:20:33.640
 Anybody else?

01:20:33.640 --> 01:20:37.600
 Corinne, I have just a couple of questions.

01:20:37.600 --> 01:20:42.800
 So who's actually in charge of installing the light, I assume, TxDOT, the traffic signal

01:20:42.800 --> 01:20:44.240
 at Dutchess?

01:20:44.240 --> 01:20:50.120
 I believe it's a combination of the city and the developer and TxDOT.

01:20:50.120 --> 01:20:53.600
 So there is a TxDOT permit that would be required.

01:20:53.600 --> 01:20:57.560
 I believe the city's involved with that.

01:20:57.560 --> 01:21:01.840
 And the city would acquire the funds to put it in.

01:21:01.840 --> 01:21:04.520
 So the city would install, I believe, or they're their consultant.

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

01:21:09.160 --> 01:21:12.240
 will work together to have that installed.

01:21:12.240 --> 01:21:14.600
 And is there a timeline on that?

01:21:14.600 --> 01:21:16.680
 I am not aware of a timeline.

01:21:16.680 --> 01:21:22.000
 I do know that it's tied more to the Denton Grove project.

01:21:22.000 --> 01:21:24.360
 As you can see, the final plaque came through.

01:21:24.360 --> 01:21:33.080
 I believe that they would have to have funds in place within their escrow account.

01:21:33.080 --> 01:21:36.920
 And I believe it would be tied to when building permits are issued.

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

01:21:40.400 --> 01:21:43.360
 for us tonight.

01:21:43.360 --> 01:21:50.680
 Next one, I assume all the conditions have been discussed with the applicant and are

01:21:50.680 --> 01:21:51.680
 understood.

01:21:51.680 --> 01:21:52.680
 Yes.

01:21:52.680 --> 01:21:56.800
 And my final question is to speak for the four-legged friends out there.

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

01:22:03.200 --> 01:22:05.000
 like that.

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.

01:22:12.960 --> 01:22:14.000
 So was that discussed at all?

01:22:14.000 --> 01:22:17.240
 I'm just surprised to not see it on a site this large.

01:22:17.240 --> 01:22:18.400
 That was not discussed.

01:22:18.400 --> 01:22:22.840
 Typically, when some of these projects come in, it's the developer themselves that proposes

01:22:22.840 --> 01:22:26.000
 the dog park rather than a staff request.

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.

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

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

01:22:42.000 --> 01:22:43.000
 the receptacles.

01:22:43.000 --> 01:22:44.000
 Okay.

01:22:44.000 --> 01:22:45.000
 I'll ask.

01:22:45.000 --> 01:22:46.000
 Yeah.

01:22:46.000 --> 01:22:47.000
 Okay.

01:22:47.000 --> 01:22:48.000
 Thank you.

01:22:48.000 --> 01:22:49.000
 Anyone else?

01:22:49.000 --> 01:22:50.000
 Okay.

01:22:50.000 --> 01:22:51.000
 Thanks, Karina.

01:22:51.000 --> 01:22:52.000
 I appreciate it.

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

01:22:58.920 --> 01:23:04.520
 will reconvene for our public meeting at 630.

01:23:04.520 --> 01:23:08.360
 Good evening, everyone, and welcome to the City of Denton's Planning and Zoning Commission

01:23:08.360 --> 01:23:12.640
 meeting for Wednesday, August 18th, 2021.

01:23:12.640 --> 01:23:15.040
 This is our regular meeting.

01:23:15.040 --> 01:23:20.280
 Let the record show that Chair Rozelle and Commissioner Smith are absent this evening.

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.

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

01:23:34.280 --> 01:23:42.280
 which it stands, one nation under God, indivisible, with liberty and justice for all.

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.

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

01:24:03.040 --> 01:24:10.920
 no action on that tonight, and in our public hearing section, 5B is being postponed and

01:24:10.920 --> 01:24:14.520
 will not be heard tonight.

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

01:24:23.240 --> 01:24:25.200
 August 4th.

01:24:25.200 --> 01:24:27.840
 Chair will entertain a motion.

01:24:27.840 --> 01:24:28.840
 Commissioner Cole?

01:24:28.840 --> 01:24:33.240
 I make a motion to approve.

01:24:33.240 --> 01:24:36.360
 Use your board.

01:24:36.360 --> 01:24:37.360
 Commissioner Pruitt?

01:24:37.360 --> 01:24:38.360
 I second.

01:24:38.360 --> 01:24:41.520
 We have a motion for approval.

01:24:41.520 --> 01:24:44.200
 With a second, any discussion?

01:24:44.200 --> 01:24:52.740
 Let's take a vote on the board, please.

01:24:52.740 --> 01:24:53.740
 That motion carries.

01:24:53.740 --> 01:24:57.200
 It should have been 5.

01:24:57.200 --> 01:25:04.520
 Somebody did not vote.

01:25:04.520 --> 01:25:19.680
 Chair McDade did not vote on that.

01:25:19.680 --> 01:25:34.840
 Okay, we are going to redo and vote on the board.

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

01:25:38.200 --> 01:25:55.680
 of July 28th and August 4th.

01:25:55.680 --> 01:25:57.680
 Motion carries, 5-0.

01:25:57.680 --> 01:26:00.760
 Thank you.

01:26:00.760 --> 01:26:04.940
 Let's move on to our consent agenda.

01:26:04.940 --> 01:26:12.480
 Chair will entertain discussion or motion on that.

01:26:12.480 --> 01:26:13.480
 Commissioner Pruitt?

01:26:13.480 --> 01:26:14.480
 Move approval.

01:26:14.480 --> 01:26:16.360
 Okay, we have a first for approval.

01:26:16.360 --> 01:26:17.600
 Commissioner Anderson?

01:26:17.600 --> 01:26:18.600
 Second.

01:26:18.600 --> 01:26:22.880
 We have first and a second for approval of the consent agenda this evening.

01:26:22.880 --> 01:26:23.880
 Any discussion?

01:26:23.880 --> 01:26:33.060
 Seeing none, let's call for a vote on the board, please.

01:26:33.060 --> 01:26:36.640
 Motion carries, 5-0.

01:26:36.640 --> 01:26:40.140
 That will move us to our individual consideration items.

01:26:40.140 --> 01:26:44.240
 Our first one is 4A, PF21-0003.

01:26:44.240 --> 01:26:49.480
 I think we are tag teaming Hailey and Julie for this item.

01:26:49.480 --> 01:26:51.440
 Yes, good evening.

01:26:51.440 --> 01:26:54.780
 Hailey Zagorski, Planning Department.

01:26:54.780 --> 01:26:57.600
 Julie is getting this pulled up on the screen.

01:26:57.600 --> 01:27:01.320
 The request before you is a plat extension for Country Club Road Estates.

01:27:01.320 --> 01:27:07.640
 You can see the subject property outlined in yellow on the map.

01:27:07.640 --> 01:27:13.000
 This is a 35.5-acre track located on the east side of Country Club Road.

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.

01:27:17.720 --> 01:27:22.600
 The preliminary plat was first approved in September of 2018 and included 73 single family

01:27:22.600 --> 01:27:25.960
 lots and two open space lots.

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

01:27:31.040 --> 01:27:32.920
 of that preliminary plat initially.

01:27:32.920 --> 01:27:36.560
 The subdivision is zoned R3.

01:27:36.560 --> 01:27:38.800
 This is just a look at the preliminary plat.

01:27:38.800 --> 01:27:40.680
 Again, it contained two phases.

01:27:40.680 --> 01:27:44.260
 It is set to expire on August 21st of this year.

01:27:44.260 --> 01:27:47.560
 Phase one has been final plotted and is under construction.

01:27:47.560 --> 01:27:52.440
 Phase two, they have experienced some delays related to disruptions due to the pandemic

01:27:52.440 --> 01:27:59.100
 with labor and services availability, as well as they're still waiting for TxDOT to decide

01:27:59.100 --> 01:28:03.000
 the ultimate right of way for the widening of Country Club Road or FM 1830.

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

01:28:07.040 --> 01:28:10.860
 plat to allow them to continue to work on phase two.

01:28:10.860 --> 01:28:14.820
 And staff is recommending approval of the one-year extension as they have continued

01:28:14.820 --> 01:28:17.220
 to progress towards project completion.

01:28:17.220 --> 01:28:22.720
 And I believe the applicant's here as well if you have any questions.

01:28:22.720 --> 01:28:30.400
 Are there any questions for staff at the moment?

01:28:30.400 --> 01:28:35.280
 This individual consideration item, I do have a card on that, Mr. Allison, did you want

01:28:35.280 --> 01:28:36.520
 to speak on this item?

01:28:36.520 --> 01:28:41.920
 Okay, you can come on right down here.

01:28:41.920 --> 01:28:45.120
 I'm going to say wherever you are comfortable.

01:28:45.120 --> 01:28:46.120
 Works for me.

01:28:46.120 --> 01:28:47.600
 As long as you can hear me.

01:28:47.600 --> 01:28:48.600
 Absolutely.

01:28:48.600 --> 01:28:53.520
 This is Lee Allison with Allison Engineering Group, Denson, Texas.

01:28:53.520 --> 01:28:57.360
 We've been working on this project since 2014 actually.

01:28:57.360 --> 01:29:04.120
 And I wanted to emphasize that the reason for the extension is because of the inability

01:29:04.120 --> 01:29:09.280
 of TxDOT to determine the required right of way width.

01:29:09.280 --> 01:29:14.240
 Ms. Segerski has indicated that she believes staff can work with us to hopefully get that

01:29:14.240 --> 01:29:18.680
 determined quickly, but I'm not going to ask her to guarantee it.

01:29:18.680 --> 01:29:25.120
 That right of way width could be anywhere from 30 feet to 100 feet.

01:29:25.120 --> 01:29:30.600
 I mean, TxDOT had numerous cross-sections they were looking into that area, plus shifting

01:29:30.600 --> 01:29:32.680
 the road back and forth.

01:29:32.680 --> 01:29:34.120
 And that's been our real reason.

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

01:29:38.840 --> 01:29:40.560
 there or how it was going to be affected.

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

01:29:44.600 --> 01:29:47.440
 the final plan and move forward with the rest.

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

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,

01:30:02.640 --> 01:30:06.680
 but the company sitting there holding onto it waiting for TxDOT to do something.

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.

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.

01:30:16.200 --> 01:30:20.920
 Zagurski and find out where Waldo is.

01:30:20.920 --> 01:30:21.920
 I don't know.

01:30:21.920 --> 01:30:23.680
 We'll get this figured out and move forward with it.

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.

01:30:28.760 --> 01:30:29.760
 Thank you.

01:30:29.760 --> 01:30:30.760
 Thank you, Mr. Allison.

01:30:30.760 --> 01:30:32.960
 Any questions for Mr. Allison?

01:30:32.960 --> 01:30:33.960
 Okay.

01:30:33.960 --> 01:30:37.340
 I don't see any.

01:30:37.340 --> 01:30:43.200
 Is there any further discussion on the item or Chair will entertain a motion?

01:30:43.200 --> 01:30:46.360
 Commissioner Anderson.

01:30:46.360 --> 01:30:50.800
 Make a motion to approve the extension for one year.

01:30:50.800 --> 01:30:53.680
 We have a motion to approve this item.

01:30:53.680 --> 01:30:54.680
 Second.

01:30:54.680 --> 01:30:56.880
 And a second.

01:30:56.880 --> 01:30:58.660
 First and a second to approve this item.

01:30:58.660 --> 01:31:01.160
 Any discussion?

01:31:01.160 --> 01:31:02.160
 Seeing none.

01:31:02.160 --> 01:31:10.360
 Let's call for a vote on the board.

01:31:10.360 --> 01:31:13.280
 That item carries 5-0.

01:31:13.280 --> 01:31:21.600
 That will take us to our next individual item for consideration, which is for B, PP200029B.

01:31:21.600 --> 01:31:30.720
 Hi, Julie and Haley.

01:31:30.720 --> 01:31:41.720
 Thank you.

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.

01:31:45.240 --> 01:31:50.000
 This is a preliminary plot, there we go, for the woodlands on McKinney Street, lots one

01:31:50.000 --> 01:31:51.960
 through six.

01:31:51.960 --> 01:31:56.340
 This is a project associated with the larger woodlands manufactured home community.

01:31:56.340 --> 01:31:59.560
 These are the six one-acre lots required by their specific use permit along Trinity

01:31:59.560 --> 01:32:01.040
 Boulevard.

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

01:32:05.000 --> 01:32:07.000
 version of the plot was emailed to you all.

01:32:07.000 --> 01:32:08.640
 And staff is now recommending approval.

01:32:08.640 --> 01:32:11.160
 I'm happy to answer any questions.

01:32:11.160 --> 01:32:13.680
 Any questions for staff on this?

01:32:13.680 --> 01:32:18.280
 Okay, I do have a card for this individual item.

01:32:18.280 --> 01:32:21.080
 It is from Brad Springer.

01:32:21.080 --> 01:32:22.080
 Did you want to make comments, Mr. Springer?

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

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

01:32:35.440 --> 01:32:44.360
 and sewer taps, and is it there, and are y'all familiar with that?

01:32:44.360 --> 01:32:51.880
 I don't know that in this preliminary plot process we would have answers to that.

01:32:51.880 --> 01:32:58.680
 So the current owner has not yet provided their civil engineering plans, but they've

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

01:33:02.960 --> 01:33:03.960
 the property.

01:33:03.960 --> 01:33:06.760
 But there will be city services available to the site.

01:33:06.760 --> 01:33:10.440
 There are some sewer improvements with the new lift station that are required to serve

01:33:10.440 --> 01:33:11.440
 the site.

01:33:11.440 --> 01:33:14.840
 But no more improvements to the road, to Trinity Road, right?

01:33:14.840 --> 01:33:18.280
 No, sir, they're not making any improvements on Trinity at this time.

01:33:18.280 --> 01:33:20.000
 That's just the questions we had.

01:33:20.000 --> 01:33:21.000
 Thank you.

01:33:21.000 --> 01:33:27.040
 Okay, Mr. Springer, you certainly can reach out to staff separately on this item at another

01:33:27.040 --> 01:33:30.440
 time if you have more specific questions for you and your clients.

01:33:30.440 --> 01:33:31.440
 Thank you.

01:33:31.440 --> 01:33:32.440
 Okay.

01:33:32.440 --> 01:33:33.440
 Thank you.

01:33:33.440 --> 01:33:34.440
 Okay.

01:33:34.440 --> 01:33:38.080
 I don't have any other cards for this item.

01:33:38.080 --> 01:33:47.240
 Chair will entertain discussion or a motion.

01:33:47.240 --> 01:33:51.880
 The Chair will motion to approve this item.

01:33:51.880 --> 01:33:52.880
 Commissioner Cole?

01:33:52.880 --> 01:33:53.880
 Second.

01:33:53.880 --> 01:33:58.360
 There is a first and a second on the floor to approve the item.

01:33:58.360 --> 01:34:00.800
 Any discussion?

01:34:00.800 --> 01:34:08.080
 Call for a vote on the board, please.

01:34:08.080 --> 01:34:10.840
 Motion carries 5-0.

01:34:10.840 --> 01:34:15.800
 As mentioned earlier, 4C has been withdrawn and we will take no action.

01:34:15.800 --> 01:34:20.640
 So that will take us to 4D, FP210023.

01:34:20.640 --> 01:34:23.120
 Hi, Ron.

01:34:23.120 --> 01:34:30.480
 Good evening, Chair, members of the commission.

01:34:30.480 --> 01:34:34.240
 Make sure I can advance the slide.

01:34:34.240 --> 01:34:40.640
 So this is a final plat application for a property southwest of Mingo and Mockingbird.

01:34:40.640 --> 01:34:44.280
 It is for a multi-family development.

01:34:44.280 --> 01:34:49.680
 The subject application is recommending for -- staffs recommend denial to this application

01:34:49.680 --> 01:34:53.720
 as it does not meet the criteria for approval for final plat.

01:34:53.720 --> 01:34:58.800
 However the applicant has submitted an extension, a 30-day extension request.

01:34:58.800 --> 01:35:05.080
 Staff has no opposition to this request and the next opportunity for planning zoning commission

01:35:05.080 --> 01:35:12.240
 would be September 8th, if this were to be extended.

01:35:12.240 --> 01:35:13.240
 Any questions?

01:35:13.240 --> 01:35:15.560
 Any questions for Commissioner Anderson?

01:35:15.560 --> 01:35:16.560
 Yes.

01:35:16.560 --> 01:35:17.560
 Thank you, Chair.

01:35:17.560 --> 01:35:22.160
 Is this where the apartments were going to be that we heard months back?

01:35:22.160 --> 01:35:23.160
 Yes.

01:35:23.160 --> 01:35:26.160
 This is the Mockingbird multi-family, yes.

01:35:26.160 --> 01:35:27.640
 Did they get one extension already?

01:35:27.640 --> 01:35:28.640
 No.

01:35:28.640 --> 01:35:30.800
 This would be the first one.

01:35:30.800 --> 01:35:35.800
 We did hear a preliminary plat, so that was several months ago.

01:35:35.800 --> 01:35:39.600
 This is the final plat, so this is another application.

01:35:39.600 --> 01:35:40.600
 Okay.

01:35:40.600 --> 01:35:52.280
 Any further discussion for staff?

01:35:52.280 --> 01:35:55.880
 Chair will entertain a motion.

01:35:55.880 --> 01:35:56.880
 Commissioner Cole?

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.

01:36:02.800 --> 01:36:06.600
 We'll be approving the applicant's extension, is that what you mean?

01:36:06.600 --> 01:36:07.600
 Right.

01:36:07.600 --> 01:36:10.680
 To a date certain of September 8th?

01:36:10.680 --> 01:36:11.680
 Yep.

01:36:11.680 --> 01:36:12.680
 Okay.

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

01:36:18.680 --> 01:36:20.120
 of September 8th.

01:36:20.120 --> 01:36:21.120
 Is there a second?

01:36:21.120 --> 01:36:22.120
 Commissioner Anderson?

01:36:22.120 --> 01:36:23.120
 Yes, I second.

01:36:23.120 --> 01:36:24.120
 Okay.

01:36:24.120 --> 01:36:25.120
 We've got a first and a second.

01:36:25.120 --> 01:36:26.120
 Any discussion?

01:36:26.120 --> 01:36:27.120
 Okay.

01:36:27.120 --> 01:36:36.840
 Let's vote on the board, please.

01:36:36.840 --> 01:36:41.560
 That motion carries 5-0.

01:36:41.560 --> 01:36:45.480
 That brings up 4EFP210017A.

01:36:45.480 --> 01:36:50.240
 That is Julie Wyatt's item.

01:36:50.240 --> 01:36:52.240
 All right.

01:36:52.240 --> 01:36:53.240
 Good evening.

01:36:53.240 --> 01:36:55.240
 Julie Wyatt, Senior Planner.

01:36:55.240 --> 01:36:58.800
 This final plat is within the Robeson Ranch development.

01:36:58.800 --> 01:37:03.560
 It is for single-family dwellings, Unit 6.2.

01:37:03.560 --> 01:37:11.880
 They have a few more items to work through regarding the technical requirements as required

01:37:11.880 --> 01:37:12.920
 by the Denton Development Code.

01:37:12.920 --> 01:37:17.560
 They have received one extension, so at this time, staff recommends denial of the final

01:37:17.560 --> 01:37:18.560
 plat.

01:37:18.560 --> 01:37:20.760
 I'll be happy to answer any questions.

01:37:20.760 --> 01:37:23.720
 Are there any questions on this item?

01:37:23.720 --> 01:37:27.040
 And Julie, to clarify, they've already had their one extension, that is?

01:37:27.040 --> 01:37:28.040
 Correct.

01:37:28.040 --> 01:37:30.040
 Which is the reason for denying?

01:37:30.040 --> 01:37:31.520
 Correct, yes.

01:37:31.520 --> 01:37:32.520
 Okay.

01:37:32.520 --> 01:37:33.520
 Any discussion?

01:37:33.520 --> 01:37:34.520
 No.

01:37:34.520 --> 01:37:35.520
 Okay.

01:37:35.520 --> 01:37:36.520
 Commissioner Anderson?

01:37:36.520 --> 01:37:37.520
 Yeah, Julie.

01:37:37.520 --> 01:37:38.520
 Thank you, Chair.

01:37:38.520 --> 01:37:39.520
 Julie, did they not ask?

01:37:39.520 --> 01:37:40.520
 They've already had one extension, is that right?

01:37:40.520 --> 01:37:41.520
 Yes, sir.

01:37:41.520 --> 01:37:42.520
 Okay, so they can't have it?

01:37:42.520 --> 01:37:43.520
 Okay.

01:37:43.520 --> 01:37:44.520
 Never mind.

01:37:44.520 --> 01:37:45.520
 I misheard you.

01:37:45.520 --> 01:37:46.520
 Thank you.

01:37:46.520 --> 01:37:49.880
 Any further discussion?

01:37:49.880 --> 01:37:56.200
 I can entertain a motion at this time.

01:37:56.200 --> 01:37:58.240
 Commissioner Anderson?

01:37:58.240 --> 01:38:00.760
 Make a motion to deny.

01:38:00.760 --> 01:38:02.320
 Motion on the floor is to deny.

01:38:02.320 --> 01:38:03.320
 Commissioner Pruitt?

01:38:03.320 --> 01:38:04.320
 Second.

01:38:04.320 --> 01:38:05.320
 Okay.

01:38:05.320 --> 01:38:07.440
 We have a first and a second to deny.

01:38:07.440 --> 01:38:09.760
 Any discussion?

01:38:09.760 --> 01:38:14.200
 And to clarify, voting yes on this motion would be to deny the item.

01:38:14.200 --> 01:38:22.960
 Can you vote on the board, please?

01:38:22.960 --> 01:38:26.600
 That motion carries 5-0.

01:38:26.600 --> 01:38:36.320
 That will bring us to, for FFP21-0025, Julie Wyatt, hello again.

01:38:36.320 --> 01:38:38.660
 This final plat is for the Grove, if you recall.

01:38:38.660 --> 01:38:42.880
 This is for a multifamily development adjacent to Loop 288, just south of McKinney.

01:38:42.880 --> 01:38:45.720
 They do have a preliminary plat approved.

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

01:38:49.560 --> 01:38:53.040
 requirements for the final plat, so staff recommends denial.

01:38:53.040 --> 01:38:57.480
 However, they have requested an extension, and staff has no opposition to an extension

01:38:57.480 --> 01:39:02.640
 to September 8th, and I'll be happy to answer any questions.

01:39:02.640 --> 01:39:04.600
 Any questions for Julie on this item?

01:39:04.600 --> 01:39:07.480
 I don't see any, Julie.

01:39:07.480 --> 01:39:08.480
 Thank you.

01:39:08.480 --> 01:39:09.480
 Sure.

01:39:09.480 --> 01:39:14.520
 Chair can entertain a motion or further discussion.

01:39:14.520 --> 01:39:15.520
 Commissioner Pruitt?

01:39:15.520 --> 01:39:22.000
 I move to approve the extension to a date certain of September 8th.

01:39:22.000 --> 01:39:23.000
 Commissioner Cole?

01:39:23.000 --> 01:39:24.000
 Okay.

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

01:39:28.160 --> 01:39:30.000
 of September 8th.

01:39:30.000 --> 01:39:32.400
 Any discussion?

01:39:32.400 --> 01:39:39.900
 Seeing none, let's vote on the board, please.

01:39:39.900 --> 01:39:42.200
 Motion carries 5-0.

01:39:42.200 --> 01:39:44.720
 That will bring us to our public hearing items.

01:39:44.720 --> 01:39:49.800
 The first one this evening is 5A, DCA21-0003.

01:39:49.800 --> 01:39:56.320
 I'll invite Ron to show his presentation, and I will open the public hearing.

01:39:56.320 --> 01:39:58.440
 Thank you, Chair.

01:39:58.440 --> 01:40:08.200
 Give me a second to pull up the presentation.

01:40:08.200 --> 01:40:11.840
 I'm Chair, members of the commission, Ron Megito, principal planner with Development

01:40:11.840 --> 01:40:12.840
 Services.

01:40:12.840 --> 01:40:19.760
 This is a proposed code amendment to amend the height restriction maximum for the HI heavy

01:40:19.760 --> 01:40:22.440
 industrial zoning district.

01:40:22.440 --> 01:40:28.720
 Just to weigh your background, back in August 17, 2010, there was an amendment to increase

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

01:40:36.000 --> 01:40:41.680
 an analysis in determining the need for a higher maximum height due to some applications

01:40:41.680 --> 01:40:44.600
 that was being heard at that time.

01:40:44.600 --> 01:40:51.080
 Come to October 1, 2019, with the development code update, the ICG zoning district transitioned

01:40:51.080 --> 01:40:54.360
 to a heavy industrial zoning district.

01:40:54.360 --> 01:40:58.000
 By way of doing that, the maximum height was also changed.

01:40:58.000 --> 01:41:03.060
 It went back to what was 140, back down to 75.

01:41:03.060 --> 01:41:08.840
 By doing so, there were some non-conformities to existing structures that was created.

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

01:41:14.320 --> 01:41:21.200
 from an applicant for a manufacturing company to do some expansion and height extensions

01:41:21.200 --> 01:41:23.200
 of their building.

01:41:23.200 --> 01:41:27.560
 And by doing that, we realized that there was a need for this code amendment.

01:41:27.560 --> 01:41:31.440
 Now, this code amendment was always on our list of code amendments and we did present

01:41:31.440 --> 01:41:34.440
 this to the DCRC, the Development Code Review Committee.

01:41:34.440 --> 01:41:40.760
 However, due to this recent application, it was staff's thinking that we need to bring

01:41:40.760 --> 01:41:41.840
 this sooner than later.

01:41:41.840 --> 01:41:45.800
 So we're bringing this up to the Planning Zoning Commission for your consideration and

01:41:45.800 --> 01:41:50.960
 then ultimately the City Council, as there is an application pending.

01:41:50.960 --> 01:41:55.160
 With that, staff has initiated this code amendment, again, to address the non-conformity that

01:41:55.160 --> 01:41:57.160
 was created.

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

01:42:04.960 --> 01:42:11.720
 specifically provide the maximum height under the HI zoning district.

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

01:42:17.360 --> 01:42:22.320
 for what it was prior to the 2019 Development Code.

01:42:22.320 --> 01:42:27.560
 To give the Commission an understanding of where the HI zoning districts are located,

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

01:42:32.120 --> 01:42:34.320
 of I-35W.

01:42:34.320 --> 01:42:43.000
 There are some HI zoning district along 77, primarily the area here, which is the Acme

01:42:43.000 --> 01:42:44.820
 Brick Company.

01:42:44.820 --> 01:42:51.800
 There are also HI zoning districts along May Hill, right by the city landfill.

01:42:51.800 --> 01:42:57.280
 I want to make mention to the Commission that although the height restriction is being increased,

01:42:57.280 --> 01:43:03.760
 there are also setback requirements that would apply in situations where the HI district

01:43:03.760 --> 01:43:10.280
 were to develop, to address any incompatible uses impacts.

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

01:43:15.840 --> 01:43:20.800
 zoning district that you see here to the right, any of these zoning districts, they would

01:43:20.800 --> 01:43:24.460
 have to be set back 200 feet from that property.

01:43:24.460 --> 01:43:29.760
 So that is an added requirement, again, to address any incompatible impacts that may

01:43:29.760 --> 01:43:34.800
 be caused by that future development.

01:43:34.800 --> 01:43:39.640
 So just to kind of give an illustration of where that potentially could be, the area

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

01:43:47.200 --> 01:43:49.360
 Western Boulevard.

01:43:49.360 --> 01:43:55.320
 Also there are a number of residential zoning districts to the south of the area.

01:43:55.320 --> 01:44:00.920
 But again, other than that, the area is surrounded by light industrial or public facilities to

01:44:00.920 --> 01:44:02.600
 the west.

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

01:44:07.840 --> 01:44:10.000
 to single family or residential zoning districts.

01:44:10.000 --> 01:44:12.960
 However, there are some in this particular area.

01:44:12.960 --> 01:44:17.780
 And again, any development here would have to be set back 200 feet from these residential

01:44:17.780 --> 01:44:19.320
 zoning districts.

01:44:19.320 --> 01:44:23.640
 And then lastly, the area adjacent to the landfill, there's not much residential.

01:44:23.640 --> 01:44:26.500
 However, there is a rural residential zoning district.

01:44:26.500 --> 01:44:32.700
 And again, any development adjacent to that parcel would have to be set back 200 feet.

01:44:32.700 --> 01:44:38.040
 In addition, there are buffer requirements to any development that proposes industrial

01:44:38.040 --> 01:44:40.440
 adjacent to any other uses.

01:44:40.440 --> 01:44:46.260
 Again, that could be considered incompatible.

01:44:46.260 --> 01:44:51.240
 In terms of single family, the industrial use that would be proposed or developed would

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

01:44:57.400 --> 01:45:00.680
 of 30 feet width of that buffer area.

01:45:00.680 --> 01:45:06.100
 To achieve that 50 points, they would have to combine a number of these buffer elements

01:45:06.100 --> 01:45:08.800
 in order to get to that 50 points.

01:45:08.800 --> 01:45:14.240
 Similarly, with industrial adjacent to a commercial use, they would have to provide that minimum

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

01:45:23.280 --> 01:45:28.160
 use.

01:45:28.160 --> 01:45:33.720
 Staff recommends approval of this code amendment as it meets the criteria for approving code

01:45:33.720 --> 01:45:34.720
 amendments.

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

01:45:39.280 --> 01:45:41.960
 it for the commission as a summary.

01:45:41.960 --> 01:45:44.520
 It is consistent with the Comprehensive Plan.

01:45:44.520 --> 01:45:48.220
 It does not conflict with any provisions of the DDC.

01:45:48.220 --> 01:45:53.080
 It does demonstrate the community need for the height increase.

01:45:53.080 --> 01:45:59.960
 There is a response to a substantial change in the condition and again, it's consistent

01:45:59.960 --> 01:46:03.240
 with the purpose and intent of the DDC.

01:46:03.240 --> 01:46:07.400
 With that, I stand for any questions.

01:46:07.400 --> 01:46:12.120
 Any questions for Ron on this item?

01:46:12.120 --> 01:46:13.120
 I don't see any.

01:46:13.120 --> 01:46:14.120
 Thank you, Ron.

01:46:14.120 --> 01:46:15.120
 - Okay.

01:46:15.120 --> 01:46:16.120
 - All the information.

01:46:16.120 --> 01:46:23.400
 Is there further discussion or motion?

01:46:23.400 --> 01:46:24.400
 Commissioner Cole.

01:46:24.400 --> 01:46:27.640
 - I make a motion to approve.

01:46:27.640 --> 01:46:31.040
 - If we could hold on that just for a moment.

01:46:31.040 --> 01:46:34.240
 I did want to announce that this is a public hearing.

01:46:34.240 --> 01:46:39.480
 Anyone in the audience can speak if they would like to before entertaining that motion?

01:46:39.480 --> 01:46:40.480
 Okay.

01:46:40.480 --> 01:46:41.480
 Seeing none.

01:46:41.480 --> 01:46:43.360
 Stuart, do we have anyone on the line?

01:46:43.360 --> 01:46:44.600
 - No, ma'am.

01:46:44.600 --> 01:46:45.600
 There are no callers.

01:46:45.600 --> 01:46:46.840
 - Thank you.

01:46:46.840 --> 01:46:51.720
 In that, I will close the public hearing and get back to Commissioner Cole.

01:46:51.720 --> 01:46:54.000
 - I motion to approve.

01:46:54.000 --> 01:46:55.000
 - Okay.

01:46:55.000 --> 01:46:56.000
 Commissioner Anderson.

01:46:56.000 --> 01:46:57.000
 - I second.

01:46:57.000 --> 01:46:58.000
 - Okay.

01:46:58.000 --> 01:47:00.540
 We have a motion to approve and a second.

01:47:00.540 --> 01:47:01.540
 This item.

01:47:01.540 --> 01:47:02.540
 Any discussion?

01:47:02.540 --> 01:47:10.960
 Seeing none, let's vote on the board, please.

01:47:10.960 --> 01:47:11.960
 Motion carries 5-0.

01:47:11.960 --> 01:47:16.320
 Thank you, Ron.

01:47:16.320 --> 01:47:23.920
 Our next public hearing is 5BZ210014.

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

01:47:32.240 --> 01:47:41.040
 certain of September 22nd due to a notification error.

01:47:41.040 --> 01:47:42.880
 Commissioner Anderson.

01:47:42.880 --> 01:47:50.120
 - I make a motion to postpone to the date certain of September-

01:47:50.120 --> 01:47:51.120
 - 22nd.

01:47:51.120 --> 01:47:52.120
 - What?

01:47:52.120 --> 01:47:53.120
 - 22nd.

01:47:53.120 --> 01:47:54.120
 - 22nd.

01:47:54.120 --> 01:47:55.120
 - Okay.

01:47:55.120 --> 01:47:59.280
 - Motion to approve the postponement to a date certain of September 22nd.

01:47:59.280 --> 01:48:00.280
 Commissioner Cole.

01:48:00.280 --> 01:48:01.280
 - Second.

01:48:01.280 --> 01:48:02.280
 - I second.

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

01:48:05.720 --> 01:48:08.240
 the item to a date certain of September 22nd.

01:48:08.240 --> 01:48:10.480
 Is there any discussion?

01:48:10.480 --> 01:48:17.700
 Let's vote on the board, please.

01:48:17.700 --> 01:48:20.920
 Motion carries 5-0.

01:48:20.920 --> 01:48:27.160
 Our final public hearing for the evening is 5C-S210001.

01:48:27.160 --> 01:48:32.640
 We'll invite Karina up for presentation and open the public hearing.

01:48:32.640 --> 01:48:34.840
 - Good evening.

01:48:34.840 --> 01:48:38.720
 Karina Maldonado, Associate Planner.

01:48:38.720 --> 01:48:44.040
 This is S21-001 for Pebble Brook Parkside.

01:48:44.040 --> 01:48:50.000
 So the request today is for a specific use permit to allow multifamily dwellings on approximately

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

01:48:59.040 --> 01:49:01.840
 of East McKinney Street.

01:49:01.840 --> 01:49:09.880
 The proposed development is located within the suburban corridor district.

01:49:09.880 --> 01:49:15.240
 So the site plan proposed for this development includes six, three, and four story buildings

01:49:15.240 --> 01:49:16.800
 as well as one clubhouse.

01:49:16.800 --> 01:49:22.280
 So the three story buildings are located.

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

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

01:49:35.480 --> 01:49:38.840
 on the north side along Loop 288.

01:49:38.840 --> 01:49:42.880
 Overall, there's 216 dwelling units proposed.

01:49:42.880 --> 01:49:48.360
 That includes one, two, and three bedroom units.

01:49:48.360 --> 01:49:52.280
 Associated parking includes 300 vehicular parking spaces.

01:49:52.280 --> 01:49:57.800
 That minimum parking includes a reduction allowed within our Denton Development Code

01:49:57.800 --> 01:50:05.640
 for affordable housing, bicycle substitutions, and tree preservation.

01:50:05.640 --> 01:50:08.700
 Associated with that is 111 bicycle spaces.

01:50:08.700 --> 01:50:17.000
 That does include the proposed substitution for bicycle and parking.

01:50:17.000 --> 01:50:22.520
 Along with this development includes a proposed 12 foot side path along South Loop 288, as

01:50:22.520 --> 01:50:29.520
 well as internal circulation off of that side path into the development that would be accessed

01:50:29.520 --> 01:50:36.600
 to each building, as well as shared bicycle circulation within the development off of

01:50:36.600 --> 01:50:39.480
 that 12 foot side path as well.

01:50:39.480 --> 01:50:43.160
 Two driveway connections are proposed for this development.

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

01:50:48.640 --> 01:50:50.320
 Loop 288.

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.

01:50:58.120 --> 01:51:04.960
 I will point out that this intersection proposed did come through with a previous multifamily

01:51:04.960 --> 01:51:09.080
 development on the west side of Loop 288.

01:51:09.080 --> 01:51:16.000
 You heard the final clap for that item today, which was the Denton Grove multifamily.

01:51:16.000 --> 01:51:18.240
 Last I'll talk about aerial access.

01:51:18.240 --> 01:51:21.620
 That is proposed off of South Loop 288.

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

01:51:28.800 --> 01:51:34.440
 back curves, which includes grass pavers and reinforced concrete.

01:51:34.440 --> 01:51:36.760
 I will talk about this many times tonight.

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.

01:51:44.800 --> 01:51:49.200
 On the landscape plan, a couple of things to point out, they are proposing enhanced

01:51:49.200 --> 01:51:56.320
 landscaping on this property, a 40% landscape area, 38% tree canopy.

01:51:56.320 --> 01:52:01.000
 Within that includes proposed street trees along South Loop 288.

01:52:01.000 --> 01:52:08.800
 They are proposing alternative placements as well as smaller trees to accommodate easements

01:52:08.800 --> 01:52:11.520
 within this area.

01:52:11.520 --> 01:52:16.460
 Right of way screening is also proposed where parking is visible from the right of way,

01:52:16.460 --> 01:52:23.000
 as well as along the frontage between the building and Loop 288.

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

01:52:30.800 --> 01:52:40.800
 trees, drought resistant species that would be at an increased caliper when planted.

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

01:52:45.320 --> 01:52:46.320
 on the site plan.

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

01:52:53.280 --> 01:53:00.360
 on Loop 288 to provide that noise mitigation for residents.

01:53:00.360 --> 01:53:05.800
 They are also exceeding minimum tree preservation by approximately 10%.

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.

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

01:53:19.440 --> 01:53:24.600
 gathering area that includes indoor amenities, as well as outdoor amenities such as a resort

01:53:24.600 --> 01:53:30.640
 stall pool, picnic areas, gazebo, children's playground, as well as passive areas adjacent

01:53:30.640 --> 01:53:33.640
 to the ESA.

01:53:33.640 --> 01:53:35.760
 So these are the conceptual elevations.

01:53:35.760 --> 01:53:43.160
 On the left is the front and rear elevation for the proposed community building.

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

01:53:49.280 --> 01:53:52.720
 would be adjacent to Loop 288.

01:53:52.720 --> 01:53:58.740
 And then the bottom elevation is the front and rear elevation for the back three story

01:53:58.740 --> 01:54:01.800
 buildings on the site.

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

01:54:06.380 --> 01:54:12.120
 story building that's along Loop 288 at the north side.

01:54:12.120 --> 01:54:14.360
 So I won't go through all the general approval criteria.

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.

01:54:20.760 --> 01:54:26.040
 There's about three that I'll go over tonight.

01:54:26.040 --> 01:54:31.800
 So first off, going over Denton Plan 2030, the site is located within the community mixed

01:54:31.800 --> 01:54:34.920
 use future land use designation.

01:54:34.920 --> 01:54:41.240
 This designation is intended to provide a mix of uses, which is predominantly commercial,

01:54:41.240 --> 01:54:47.080
 but also includes moderate to high density residential, as well as other complementary

01:54:47.080 --> 01:54:48.380
 uses.

01:54:48.380 --> 01:54:54.620
 So the proposed development is consistent with the future land use, as it does provide

01:54:54.620 --> 01:54:58.200
 that residential component for this larger commercial area.

01:54:58.200 --> 01:55:04.160
 And as was stated in the staff report, while the density on the proposed development is

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

01:55:10.640 --> 01:55:17.200
 average out to approximately five dwelling units per acre, including all existing and

01:55:17.200 --> 01:55:19.720
 approved multifamily.

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

01:55:28.120 --> 01:55:33.920
 area, which encourages the use of multimodal transportation by providing connections to

01:55:33.920 --> 01:55:36.600
 bike, ped, and transit facilities.

01:55:36.600 --> 01:55:41.960
 So as was mentioned earlier, they have that larger shared use path along Loop 288 that

01:55:41.960 --> 01:55:46.080
 provides internal connections, as well as bicycle connections.

01:55:46.080 --> 01:55:52.960
 They are orienting towards the public realm and do incorporate design elements from table

01:55:52.960 --> 01:55:56.880
 4.1 included in the comprehensive plan.

01:55:56.880 --> 01:56:04.200
 Last, speaking on goal HN1, it furthers efforts to expand the availability of affordable housing

01:56:04.200 --> 01:56:12.600
 choices for community members most in need of housing, including those with low incomes.

01:56:12.600 --> 01:56:16.600
 So next I'll talk about compatibility with the surrounding area.

01:56:16.600 --> 01:56:21.040
 So as I mentioned, this is the suburban corridor district, which is intended primarily for

01:56:21.040 --> 01:56:26.840
 commercial areas, office, retail, but also allows multifamily.

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

01:56:33.320 --> 01:56:37.360
 permitted activity within this area, but does require additional scrutiny.

01:56:37.360 --> 01:56:40.360
 So that's why you're hearing this case today.

01:56:40.360 --> 01:56:46.560
 So the site located here in yellow is adjacent to existing commercial.

01:56:46.560 --> 01:56:52.100
 That's those areas shown in purple, as well as some undeveloped property.

01:56:52.100 --> 01:56:59.080
 That undeveloped property, some of which include other developments that were already approved.

01:56:59.080 --> 01:57:03.320
 Like I mentioned earlier, the Grove on the west side was approved and is going through

01:57:03.320 --> 01:57:05.000
 the development process.

01:57:05.000 --> 01:57:09.560
 There is some commercial on the south side, also going through the development review

01:57:09.560 --> 01:57:13.640
 as well as commercial on this north corner.

01:57:13.640 --> 01:57:19.200
 More importantly, there's existing multifamily, which is compatible with this use, as well

01:57:19.200 --> 01:57:24.120
 as open space on the southeast corner.

01:57:24.120 --> 01:57:32.560
 And I will speak to the adjacency to the future park later in the presentation.

01:57:32.560 --> 01:57:37.400
 So ESA, that is the big item on this site.

01:57:37.400 --> 01:57:43.720
 So in order to minimize adverse environmental impacts, the development does propose to locate

01:57:43.720 --> 01:57:48.680
 all buildings and open space outside the ESAs.

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

01:57:53.400 --> 01:57:57.400
 riparian buffer that kind of snakes through the northeast side.

01:57:57.400 --> 01:58:04.940
 So overall, ESA and floodplain do cover about 1.92 acres of the property.

01:58:04.940 --> 01:58:06.640
 They are remaining out of it.

01:58:06.640 --> 01:58:14.440
 However, there are two areas where they are outside the riparian buffer, however, development

01:58:14.440 --> 01:58:22.640
 activities might necessitate encroachment into the ESA.

01:58:22.640 --> 01:58:29.060
 So to accommodate for that, staff is requesting or recommending a condition of approval to

01:58:29.060 --> 01:58:35.920
 address those two areas to ensure that if an alternative ESA is required or is identified

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

01:58:42.840 --> 01:58:46.600
 plan orientation.

01:58:46.600 --> 01:58:52.720
 As I mentioned earlier, tree preservation was achieved and is shown just adjacent to

01:58:52.720 --> 01:58:59.200
 that ESA area, just to kind of enhance the preservation of it.

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

01:59:06.560 --> 01:59:09.160
 active and passive recreation.

01:59:09.160 --> 01:59:16.000
 In order to further mitigate any negative impacts to these areas, staff is also recommending

01:59:16.000 --> 01:59:25.640
 a condition to provide signage in these areas to ensure that there is no negative activities

01:59:25.640 --> 01:59:34.240
 like littering and also to ensure education to the residents of those areas.

01:59:34.240 --> 01:59:41.200
 And I'll kind of read through the full condition in a sec.

01:59:41.200 --> 01:59:48.440
 So as it relates to public facilities, this proposed development would generate a net

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.

01:59:56.680 --> 02:00:02.280
 A traffic impact analysis was conducted with this development and did indicate that the

02:00:02.280 --> 02:00:05.920
 development alone does not warrant a traffic signal.

02:00:05.920 --> 02:00:12.920
 However, combined with the adjacent multifamily, a traffic signal is warranted.

02:00:12.920 --> 02:00:19.600
 So, the condition added to the TIA indicated that the proportional impact would need to

02:00:19.600 --> 02:00:20.600
 be assessed.

02:00:20.600 --> 02:00:27.200
 So, staff carried over that condition to this SUP to ensure that their proportional cost

02:00:27.200 --> 02:00:33.680
 of any traffic signal design and construction would be associated with the traffic signal

02:00:33.680 --> 02:00:38.360
 that will come in with the adjacent development.

02:00:38.360 --> 02:00:43.200
 South Loop TD is a six-lane divided primary arterial and is fully developed.

02:00:43.200 --> 02:00:49.840
 However, the applicant will be providing a widened side path as well as provide a hooded

02:00:49.840 --> 02:00:56.960
 left turn to allow that limited three-fourth access at the northern driveway.

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

02:01:01.720 --> 02:01:06.240
 of it, and this will be assessed at the platting stage.

02:01:06.240 --> 02:01:13.200
 The property does also have access to fire, which would be fire station number two, which

02:01:13.200 --> 02:01:16.120
 would be less than an eight-minute response time.

02:01:16.120 --> 02:01:23.520
 As mentioned earlier, they are providing that aerial access to the northern building.

02:01:23.520 --> 02:01:30.080
 Staff did coordinate with DISD to ensure that students generated from this proposed development

02:01:30.080 --> 02:01:31.840
 would not have a negative impact.

02:01:31.840 --> 02:01:40.720
 DISD did indicate that the increase in students could be accommodated.

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

02:01:46.480 --> 02:01:50.620
 adjacent to the subject site on the southeast side.

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

02:01:55.720 --> 02:01:58.120
 of three to five years.

02:01:58.120 --> 02:02:04.240
 Our development code does require that our developments provide a connection to any existing

02:02:04.240 --> 02:02:05.640
 or future trails.

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

02:02:12.220 --> 02:02:17.000
 a condition of approval to ensure that that connection is provided at a later time and

02:02:17.000 --> 02:02:21.400
 that there is coordination between staff and the development.

02:02:21.400 --> 02:02:23.200
 On-site amenities are also provided.

02:02:23.200 --> 02:02:29.280
 I won't go through them in detail, we did talk about them earlier.

02:02:29.280 --> 02:02:33.760
 Outreach was had for this property.

02:02:33.760 --> 02:02:36.720
 Newspaper ads went out August 1st.

02:02:36.720 --> 02:02:41.440
 Two signs are posted on the property and were posted on August 4th.

02:02:41.440 --> 02:02:46.240
 Notices were mailed to those within 200 feet and 500 feet.

02:02:46.240 --> 02:02:50.360
 You'll see that there's a large difference between the number of notices between 200

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

02:02:56.800 --> 02:02:59.440
 address rather than the property owner.

02:02:59.440 --> 02:03:02.600
 The property owner was notified within 200 feet.

02:03:02.600 --> 02:03:06.240
 Overall, as of today, we've only received one response.

02:03:06.240 --> 02:03:12.620
 It is in favor of the project, and the developer did have two virtual neighborhood meetings.

02:03:12.620 --> 02:03:17.400
 Only one person was in attendance.

02:03:17.400 --> 02:03:22.320
 That staff is recommending approval subject to the following conditions.

02:03:22.320 --> 02:03:28.560
 The first is a standard landscape condition that we place on all SUPs, which would allow

02:03:28.560 --> 02:03:34.800
 some minor deviations from the site plan that's attached.

02:03:34.800 --> 02:03:39.080
 The second condition relates to the alternative ESA.

02:03:39.080 --> 02:03:44.400
 This condition reads that an approved alternative ESA plan will be required to support the approved

02:03:44.400 --> 02:03:50.440
 site plan if a determination is made during the review of the civil engineering plans

02:03:50.440 --> 02:03:55.920
 that development activities would encroach into the riparian or floodplain ESA.

02:03:55.920 --> 02:04:03.360
 So again, that's just to ensure that if development activities are needed during the construction

02:04:03.360 --> 02:04:06.680
 process that we have an approved plan.

02:04:06.680 --> 02:04:13.200
 The third would be the ESA protection, so open spaces that are set aside for active

02:04:13.200 --> 02:04:18.600
 and passive recreation and are located adjacent to the ESA shall incorporate that permanent

02:04:18.600 --> 02:04:23.880
 signage designed to promote the benefits of preserving ESAs, and the language for those

02:04:23.880 --> 02:04:28.960
 signs is provided in the City of Denton's ESA primer.

02:04:28.960 --> 02:04:34.200
 My glasses are fogging again.

02:04:34.200 --> 02:04:37.960
 All right, so fourth is trail connectivity.

02:04:37.960 --> 02:04:41.240
 The developer shall coordinate with the City of Denton's Park Department to identify the

02:04:41.240 --> 02:04:46.480
 location of future trail connections during the civil engineering plan process from the

02:04:46.480 --> 02:04:49.680
 subject site to that Pebblebrook open space.

02:04:49.680 --> 02:04:55.280
 And the fifth related to the traffic signal, so again, this is a traffic signal warranted

02:04:55.280 --> 02:04:59.720
 by both developments of the grove in this project.

02:04:59.720 --> 02:05:04.200
 So the developer shall prepare and submit a proportionality assessment to the city engineer

02:05:04.200 --> 02:05:09.360
 for the cost of the traffic signal design required at the intersection and that they

02:05:09.360 --> 02:05:13.480
 shall pay the cost for such improvements prior to the issuance of any building permits in

02:05:13.480 --> 02:05:19.720
 an amount that does not exceed the rough proportionality to the impacts of the proposed development.

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

02:05:23.840 --> 02:05:25.160
 over them.

02:05:25.160 --> 02:05:33.200
 And then finally, the attached site plan, landscape plan, and elevations would be attached

02:05:33.200 --> 02:05:39.480
 to the ordinance for this and all details listed are those included in those plans.

02:05:39.480 --> 02:05:42.560
 And with that, I can answer any questions.

02:05:42.560 --> 02:05:47.880
 I do also have a response related to the question asked during work session.

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

02:05:54.240 --> 02:05:59.280
 the traffic signal at Dutchess and loop 288 for the grove.

02:05:59.280 --> 02:06:04.480
 He indicated that the city would be the one to install the traffic signal.

02:06:04.480 --> 02:06:10.160
 It would be prior to issuance of any COs for that development.

02:06:10.160 --> 02:06:12.280
 And so, yes, the city would build it.

02:06:12.280 --> 02:06:17.560
 Any funds associated with this project would be used for the design of the traffic signal.

02:06:17.560 --> 02:06:18.560
 Okay.

02:06:18.560 --> 02:06:19.560
 Excellent.

02:06:19.560 --> 02:06:20.560
 Thank you, Carina, for that.

02:06:20.560 --> 02:06:21.560
 Any other questions?

02:06:21.560 --> 02:06:22.560
 Any questions for Carina?

02:06:22.560 --> 02:06:30.280
 Commissioner Anderson?

02:06:30.280 --> 02:06:31.800
 Yes.

02:06:31.800 --> 02:06:33.240
 Okay.

02:06:33.240 --> 02:06:39.000
 For one, I'm not a big fan of apartments going along here, to be honest.

02:06:39.000 --> 02:06:41.040
 We got the grove going across the street.

02:06:41.040 --> 02:06:42.040
 I wasn't for that either.

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

02:06:45.360 --> 02:06:46.360
 light right there.

02:06:46.360 --> 02:06:48.460
 You got a red light at McKinney Street.

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

02:06:52.360 --> 02:06:55.320
 have to stop at another stop sign, I mean, stop light.

02:06:55.320 --> 02:06:58.720
 I thought Loop 288 is to move traffic, not stop traffic.

02:06:58.720 --> 02:07:02.040
 I mean, we're going to put another one down by Audre Lane.

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

02:07:06.440 --> 02:07:09.680
 288 and you're going to have a red light at Audre Lane.

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

02:07:15.280 --> 02:07:16.560
 there.

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

02:07:23.800 --> 02:07:26.360
 commercial uses remain predominant.

02:07:26.360 --> 02:07:31.360
 We're not making it predominant, we're making this more multi-family predominant.

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

02:07:39.920 --> 02:07:43.560
 complexes, affordable housing apartment complexes.

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

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

02:07:57.200 --> 02:07:58.200
 288.

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.

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

02:08:06.760 --> 02:08:07.760
 like to see what they say.

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

02:08:14.080 --> 02:08:15.080
 happy, I think.

02:08:15.080 --> 02:08:19.720
 I mean, we've got so many apartment complexes popping up everywhere.

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,

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,

02:08:30.520 --> 02:08:32.520
 you know, multi-family.

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

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

02:08:39.960 --> 02:08:42.120
 thoroughfare to get traffic through.

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,

02:08:47.000 --> 02:08:49.360
 like it says right there, you know, community mixed use.

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

02:08:59.360 --> 02:09:02.520
 another 1,175 daily trips.

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

02:09:09.800 --> 02:09:12.560
 at Loop 288, I mean, you stop at McKinney Street.

02:09:12.560 --> 02:09:16.960
 That traffic backs up past Sonic all the way back to Dairy Queen.

02:09:16.960 --> 02:09:19.720
 Now those cars are going to get to move up 200 yards and stop again.

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

02:09:24.760 --> 02:09:25.760
 it better.

02:09:25.760 --> 02:09:28.200
 So anyway, I'd like to hear what they have to say.

02:09:28.200 --> 02:09:32.560
 Are there any further questions for staff?

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.

02:09:38.240 --> 02:09:50.640
 So I will invite Amy Bissett up for her presentation.

02:09:50.640 --> 02:10:00.300
 Good evening, commissioners.

02:10:00.300 --> 02:10:04.600
 My name is Amy Bissett, 100 West Oak Street, Denton 76201.

02:10:04.600 --> 02:10:08.340
 I appreciate the opportunity to be here before you in person this evening.

02:10:08.340 --> 02:10:13.440
 It's been a while since I've been at this podium in person.

02:10:13.440 --> 02:10:19.920
 I will make a very brief presentation and I have two representatives of the developer

02:10:19.920 --> 02:10:23.760
 here with me that will also join me in that presentation.

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

02:10:28.600 --> 02:10:31.880
 fall over just like Karina mentioned earlier.

02:10:31.880 --> 02:10:33.880
 It's not an easy task up here.

02:10:33.880 --> 02:10:38.800
 So I do have with me Ryan Garcia and Mike Ash with JES Holdings.

02:10:38.800 --> 02:10:40.240
 They are the developer.

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

02:10:46.200 --> 02:10:49.840
 specific technical questions that may need to be answered.

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

02:10:54.880 --> 02:11:01.960
 in work session as well as Commissioner Anderson's question and comments opening this evening.

02:11:01.960 --> 02:11:05.920
 I want to start with the tree well question by Commissioner Pruitt.

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

02:11:10.720 --> 02:11:17.540
 a 12-foot wide sidewalk rather than the typical required 5-foot wide sidewalk.

02:11:17.540 --> 02:11:20.440
 And our site constraints were pretty simple.

02:11:20.440 --> 02:11:27.280
 From back of curb to existing utility poles was exactly 12 feet.

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

02:11:32.040 --> 02:11:36.720
 to discuss how do we best configure that 12 feet of width.

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

02:11:42.800 --> 02:11:47.320
 they do require that street trees be within a certain distance from the road and within

02:11:47.320 --> 02:11:48.680
 the right of way area.

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

02:11:54.640 --> 02:11:56.560
 utilities there as well.

02:11:56.560 --> 02:12:02.280
 So we heard from the city that their preference was the 12-foot sidewalk.

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

02:12:07.840 --> 02:12:14.340
 conflicting requests, but requests that could not easily be fit within that 12 feet.

02:12:14.340 --> 02:12:20.040
 So that was the resolution that we reached in collaboration with the city.

02:12:20.040 --> 02:12:27.240
 That way the trees are there, they create somewhat of a physical barrier, but the width

02:12:27.240 --> 02:12:36.240
 of the sidewalk still accommodates more pedestrian and more mixed type of traffic there.

02:12:36.240 --> 02:12:40.340
 So that was how we arrived at that conclusion.

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

02:12:45.360 --> 02:12:46.360
 city staff.

02:12:46.360 --> 02:12:53.600
 So the traffic signal question was answered and the third question was Commissioner Ellis,

02:12:53.600 --> 02:12:55.600
 you asked about the dog park.

02:12:55.600 --> 02:13:03.040
 The site, I have been working with the developer for, since February, well actually we submitted

02:13:03.040 --> 02:13:08.600
 in February, so it's been longer than that, but we've configured and reconfigured the

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

02:13:14.160 --> 02:13:17.120
 the table during that whole time.

02:13:17.120 --> 02:13:24.040
 We did confer based upon your question and I think the applicant is or the developer

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

02:13:29.520 --> 02:13:33.440
 decided for certain whether that's how the space would be programmed yet.

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

02:13:37.920 --> 02:13:40.160
 park to the site.

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

02:13:45.480 --> 02:13:54.680
 Commissioner Anderson's comments first, the COMP plan, the city's vision and policy document

02:13:54.680 --> 02:14:04.360
 for land planning says that this intersection of Loop 288 and McKinney is intended for the

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

02:14:11.880 --> 02:14:20.000
 maximum development and Loop 288 is built to accommodate maximum traffic as a primary

02:14:20.000 --> 02:14:21.000
 arterial.

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

02:14:26.840 --> 02:14:33.440
 land planner, when you look at where should this go, every document that guides city policy

02:14:33.440 --> 02:14:36.240
 says this is that location.

02:14:36.240 --> 02:14:45.480
 Furthermore, this area has been a food desert for quite some time and the conversation has

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

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

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

02:15:01.000 --> 02:15:03.440
 the commercial that we like to see.

02:15:03.440 --> 02:15:10.240
 So from the perspective of the developer, they are looking at where does the city want

02:15:10.240 --> 02:15:14.440
 us and every document says this is the right location.

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

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

02:15:25.200 --> 02:15:26.200
 with.

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

02:15:35.020 --> 02:15:38.320
 I wish every client would be.

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

02:15:44.060 --> 02:15:48.200
 it, even if it was not a requirement.

02:15:48.200 --> 02:15:51.200
 From the beginning, they reached out to local nonprofits.

02:15:51.200 --> 02:15:56.520
 We've had multiple conversations with Pat Smith from Serve Denton, with Michelle Connor from

02:15:56.520 --> 02:16:02.880
 Grace Like Rain to talk about collaborative opportunities to provide services to the community.

02:16:02.880 --> 02:16:08.040
 They went above and beyond in environmental considerations with staying out of the ESA

02:16:08.040 --> 02:16:13.800
 entirely, even though there is a process by which they could have encroached, maximizing

02:16:13.800 --> 02:16:15.440
 tree preservation.

02:16:15.440 --> 02:16:21.040
 We've had multiple conversations with the Parks Department about how can we activate

02:16:21.040 --> 02:16:22.040
 that park?

02:16:22.040 --> 02:16:25.280
 Is there an opportunity to bring it online sooner?

02:16:25.280 --> 02:16:27.080
 What can we do to help?

02:16:27.080 --> 02:16:30.520
 They have been amenable to all of those conversations.

02:16:30.520 --> 02:16:35.920
 They've been very thoughtful in the amenities that they are providing the residents as well

02:16:35.920 --> 02:16:38.600
 as their design.

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

02:16:45.280 --> 02:16:50.200
 Juliet balconies, even though they wouldn't want them to be usable because of the noise

02:16:50.200 --> 02:16:56.920
 and they're trying to create some mitigation of noise from loop 288 to their residents.

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.

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

02:17:06.480 --> 02:17:07.480
 city of Denton.

02:17:07.480 --> 02:17:13.840
 They're meeting a very serious need in the city for affordable housing.

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

02:17:20.520 --> 02:17:29.480
 to this location and so collaborative opportunities to serve citizens is well suited here.

02:17:29.480 --> 02:17:31.600
 I'm going to skip these slides.

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

02:17:35.520 --> 02:17:38.120
 to come up and talk briefly about their company.

02:17:38.120 --> 02:17:39.120
 Thank you.

02:17:39.120 --> 02:17:40.120
 Thank you, Amy.

02:17:40.120 --> 02:17:41.120
 Thank you, commissioners.

02:17:41.120 --> 02:17:47.800
 I just want to, again, quickly introduce ourselves as the company on JES Holdings.

02:17:47.800 --> 02:17:54.240
 We have four main affiliate companies to show that we are a vertically integrated company,

02:17:54.240 --> 02:17:58.920
 with the big point being that we're not a flat by night developer.

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

02:18:02.560 --> 02:18:04.520
 communities we develop in.

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

02:18:09.120 --> 02:18:10.120
 together.

02:18:10.120 --> 02:18:11.840
 We've done over 200 of them.

02:18:11.840 --> 02:18:18.160
 We also, and something that makes us unique, is the sister company, Affordable Equity Partners.

02:18:18.160 --> 02:18:20.280
 We will be our own investor in the deal.

02:18:20.280 --> 02:18:24.440
 We've syndicated over $4 billion in state and federal tax credits.

02:18:24.440 --> 02:18:29.680
 We will also be our own general contractor through Fairway Construction.

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

02:18:34.400 --> 02:18:39.320
 company where we manage over 200 separate complexes, all this to show that we're not

02:18:39.320 --> 02:18:41.280
 going to build something and sell it in two years.

02:18:41.280 --> 02:18:43.940
 We are building something to be invested in the community.

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.

02:18:46.680 --> 02:18:50.280
 We want to make sure it's a good partnership and good fit for everybody involved.

02:18:50.280 --> 02:18:56.280
 Mike's going to talk a little bit about some of our property portfolio in Texas.

02:18:56.280 --> 02:18:59.080
 Good evening, commissioners.

02:18:59.080 --> 02:19:02.000
 My name is Mike Ash, Las Colinas, Texas.

02:19:02.000 --> 02:19:05.160
 It's a pleasure to be with you tonight, and thank you for your time.

02:19:05.160 --> 02:19:06.360
 We'd like to talk about a couple things.

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

02:19:10.880 --> 02:19:13.060
 up.

02:19:13.060 --> 02:19:16.480
 From our perspective, looking at this site and working with Amy, and by the way, thank

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

02:19:22.560 --> 02:19:28.280
 employees to try to develop a project that met the requirements and the desires of the

02:19:28.280 --> 02:19:32.560
 city in terms of the comp plan, zoning, and all those issues.

02:19:32.560 --> 02:19:33.560
 I think we've done that.

02:19:33.560 --> 02:19:38.720
 I think this is a significant project for the city as it is for us also.

02:19:38.720 --> 02:19:43.480
 The real question, I think, is commercial use, and is that a more appropriate use here?

02:19:43.480 --> 02:19:47.640
 That's a question that communities all over the DFW area are wrestling with.

02:19:47.640 --> 02:19:49.040
 How do we balance the housing needs?

02:19:49.040 --> 02:19:51.160
 How do we balance our commercial needs?

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

02:19:55.020 --> 02:19:57.120
 appropriate use for this site.

02:19:57.120 --> 02:20:01.760
 It is a very awkward site size and shape.

02:20:01.760 --> 02:20:05.880
 It was very difficult for us to find a development plan that works for us.

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

02:20:09.080 --> 02:20:10.440
 a commercial use.

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

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

02:20:21.000 --> 02:20:26.640
 in more traffic conflicts with traffic coming out onto the loop versus the one point we

02:20:26.640 --> 02:20:28.080
 have right now.

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,

02:20:33.080 --> 02:20:37.720
 particularly in affordable housing use, which has typically fewer automobiles than a market

02:20:37.720 --> 02:20:43.720
 rate apartment, is going to have less traffic impact than commercial uses.

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.

02:20:48.720 --> 02:20:53.320
 I also think that it would act as catalyst, providing the rooftops to the neighborhoods

02:20:53.320 --> 02:20:57.980
 that Amy was talking about that will help commercial use to stimulate and grow.

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

02:21:03.900 --> 02:21:06.560
 just north of us are all commercial uses.

02:21:06.560 --> 02:21:07.920
 So I think you see that development.

02:21:07.920 --> 02:21:14.600
 I think our property will benefit commercial development by bringing more rooftops there.

02:21:14.600 --> 02:21:18.520
 Ryan talked a little bit about the interrelated nature of our companies.

02:21:18.520 --> 02:21:21.040
 I just want to talk a little bit about our portfolio.

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

02:21:25.120 --> 02:21:27.260
 and get to know you a little bit.

02:21:27.260 --> 02:21:33.760
 The company is an experienced developer of affordable housing.

02:21:33.760 --> 02:21:37.840
 We've got probably 200 properties that we've developed, 200 properties that we manage,

02:21:37.840 --> 02:21:41.560
 200 properties that we have built across the country.

02:21:41.560 --> 02:21:46.320
 In terms of Texas, we've got 10 properties basically between Dallas, the Grand Prairie

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.

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

02:21:55.040 --> 02:22:00.760
 commitment to the property, to the community, and that we want to be good partners with

02:22:00.760 --> 02:22:04.880
 the city to bring this development to fruition.

02:22:04.880 --> 02:22:05.880
 Thank you for your time.

02:22:05.880 --> 02:22:08.320
 I also want to thank your staff for their time.

02:22:08.320 --> 02:22:11.160
 They've done a great job walking us through the process.

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

02:22:15.640 --> 02:22:20.820
 from your perspective, but they have always been open and responsive and accessible and

02:22:20.820 --> 02:22:21.940
 been straight shooters with us.

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.

02:22:25.900 --> 02:22:29.200
 And then Ryan and I are happy to answer any questions you may have.

02:22:29.200 --> 02:22:39.160
 And Amy.

02:22:39.160 --> 02:22:40.160
 Thank you.

02:22:40.160 --> 02:22:43.480
 Are there any questions for the applicant?

02:22:43.480 --> 02:22:44.480
 Commissioner McDade.

02:22:44.480 --> 02:22:45.480
 Thank you, Chair.

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

02:22:52.020 --> 02:23:00.180
 to take this personal, but where you're building the apartments, that's actually my district.

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

02:23:08.520 --> 02:23:09.520
 too many apartments.

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

02:23:16.160 --> 02:23:17.160
 areas.

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

02:23:23.040 --> 02:23:27.440
 another rooftop when we already have those many apartments, it's going to make it even

02:23:27.440 --> 02:23:29.080
 closer to being a food baron.

02:23:29.080 --> 02:23:34.000
 I don't see adding one more rooftop that's going to make that any different.

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.

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

02:23:44.920 --> 02:23:49.680
 too many apartments in District 1.

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.

02:23:56.920 --> 02:23:57.920
 Thank you.

02:23:57.920 --> 02:23:59.880
 Thank you, Commissioner McDade.

02:23:59.880 --> 02:24:04.160
 Are there any other questions for the applicant?

02:24:04.160 --> 02:24:06.480
 Amy, I'd like to go back.

02:24:06.480 --> 02:24:08.400
 You mentioned my dog park question.

02:24:08.400 --> 02:24:11.680
 Is that something that can be added to the site plan?

02:24:11.680 --> 02:24:17.080
 Yes, we can absolutely add it to the site plan.

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

02:24:24.760 --> 02:24:27.600
 into the site plan if it were to proceed to City Council.

02:24:27.600 --> 02:24:28.600
 Okay.

02:24:28.600 --> 02:24:29.600
 Thank you, ma'am.

02:24:29.600 --> 02:24:33.880
 Any other questions for the applicant?

02:24:33.880 --> 02:24:36.200
 Okay, this is a public hearing.

02:24:36.200 --> 02:24:38.160
 Stuart, do we have anyone on the line?

02:24:38.160 --> 02:24:39.440
 No, ma'am.

02:24:39.440 --> 02:24:41.680
 There's nobody on the line.

02:24:41.680 --> 02:24:42.680
 Okay.

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.

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

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.

02:25:02.120 --> 02:25:08.800
 With that, I will entertain further discussion or a motion.

02:25:08.800 --> 02:25:09.800
 Commissioner Pruitt?

02:25:09.800 --> 02:25:13.040
 Yeah, thank you, Chair.

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

02:25:21.760 --> 02:25:24.680
 to some of the comments that have been made already.

02:25:24.680 --> 02:25:36.120
 I think to Commissioner Anderson's point, it always feels strange when you smush a large

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

02:25:42.800 --> 02:25:44.220
 to live.

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,

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

02:25:53.280 --> 02:25:56.160
 driving 50 miles an hour.

02:25:56.160 --> 02:26:03.880
 So in typical sites, when I see this type of a layout, I get very concerned.

02:26:03.880 --> 02:26:09.460
 In this specific situation, though, there are some mitigating factors to that, right?

02:26:09.460 --> 02:26:12.820
 There's an open space future park just to the south.

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

02:26:20.020 --> 02:26:25.520
 Loop 288 goes over a riparian area, and there's a planned trail corridor there.

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

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

02:26:38.600 --> 02:26:44.400
 opportunities and density things that will be brought by development without being as

02:26:44.400 --> 02:26:50.040
 impacted by 40,000 cars a day, right?

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

02:26:55.680 --> 02:27:05.740
 a six-lane arterial, it has a number of advantages to me from a multifamily perspective.

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

02:27:10.620 --> 02:27:16.040
 same region of town, trust me, I get that, right?

02:27:16.040 --> 02:27:19.760
 At the same time, I think part of that is our fault, right?

02:27:19.760 --> 02:27:25.760
 When we see applications to bring multifamily properties, maybe smaller ones, to different

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

02:27:31.920 --> 02:27:33.120
 of those.

02:27:33.120 --> 02:27:37.840
 Otherwise, we're going to continue to get more and more applications in regions that

02:27:37.840 --> 02:27:42.420
 are far away from existing homeowners, basically.

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

02:27:49.680 --> 02:28:00.160
 other areas of the city, I feel like other locations that would allay those concerns

02:28:00.160 --> 02:28:05.680
 would potentially be worse for the future residents, right?

02:28:05.680 --> 02:28:09.680
 So I think this is a good project.

02:28:09.680 --> 02:28:10.680
 Is it perfect?

02:28:10.680 --> 02:28:14.500
 No, no project is, right?

02:28:14.500 --> 02:28:17.320
 I trust staff on the sidewalk issue.

02:28:17.320 --> 02:28:22.440
 At the same time, when I drive around town, I see new subdivisions where sidewalks have

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

02:28:28.840 --> 02:28:29.840
 thing, right?

02:28:29.840 --> 02:28:36.800
 The important thing to me is future people living in these homes, how can they access

02:28:36.800 --> 02:28:39.840
 nearby and further away areas of the city?

02:28:39.840 --> 02:28:45.400
 And this seems to tick all those boxes to me.

02:28:45.400 --> 02:28:46.400
 Thank you, Commissioner Pruitt.

02:28:46.400 --> 02:28:48.560
 Commissioner Day, you're still on the board.

02:28:48.560 --> 02:28:50.520
 Did you have further comment?

02:28:50.520 --> 02:28:51.520
 Okay.

02:28:51.520 --> 02:28:53.480
 Thank you.

02:28:53.480 --> 02:28:57.480
 Anyone else in the discussion?

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

02:29:03.240 --> 02:29:04.440
 applicant presented.

02:29:04.440 --> 02:29:09.920
 I think this is a prime area in our city, honestly, for this development.

02:29:09.920 --> 02:29:17.000
 I think being there on the loop, it offers transportation options for people who may

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

02:29:26.120 --> 02:29:27.920
 low-income housing.

02:29:27.920 --> 02:29:35.320
 There are developments happening on those hard corners right now that offer conveniences

02:29:35.320 --> 02:29:39.600
 in the area.

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

02:29:46.560 --> 02:29:54.680
 about a project that looks to me to fit in this spot very well.

02:29:54.680 --> 02:29:58.600
 So, those are my comments on the project.

02:29:58.600 --> 02:30:01.960
 Are there any others?

02:30:01.960 --> 02:30:04.960
 Commissioner McDade?

02:30:04.960 --> 02:30:05.960
 Thank you, Chair.

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.

02:30:15.120 --> 02:30:19.360
 How do you go about allocating how many you want of those for affordable housing?

02:30:19.360 --> 02:30:30.960
 How does that process work?

02:30:30.960 --> 02:30:32.400
 The other is the market study.

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

02:30:37.760 --> 02:30:41.800
 the analysis of how many competitive units there are in the market and what capture rates

02:30:41.800 --> 02:30:42.800
 were for those.

02:30:42.800 --> 02:30:47.360
 So, that was really the basis for the decision as to the makeup of the units.

02:30:47.360 --> 02:30:58.320
 Thank you.

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

02:31:05.040 --> 02:31:12.200
 market bands of affordability, but the entire development is a tax credit development, so

02:31:12.200 --> 02:31:17.040
 we'll all be affordable housing at different levels.

02:31:17.040 --> 02:31:21.640
 Thank you.

02:31:21.640 --> 02:31:24.640
 Any further discussion?

02:31:24.640 --> 02:31:31.680
 The Chair will entertain a motion at this time.

02:31:31.680 --> 02:31:32.680
 Commissioner Pruitt?

02:31:32.680 --> 02:31:39.440
 I move approval with staff recommendations, with the staff recommended conditions.

02:31:39.440 --> 02:31:40.440
 Okay.

02:31:40.440 --> 02:31:44.200
 And, Commissioner Pruitt, I will second, but could I add a friendly amendment to please

02:31:44.200 --> 02:31:46.400
 add a dog park to the site plan?

02:31:46.400 --> 02:31:47.400
 Absolutely.

02:31:47.400 --> 02:31:48.400
 Thank you for reminding me.

02:31:48.400 --> 02:31:49.400
 I appreciate that.

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

02:31:53.280 --> 02:31:54.280
 plan.

02:31:54.280 --> 02:31:58.120
 Is there any discussion?

02:31:58.120 --> 02:32:12.840
 Seeing none, let's vote on the board, please.

02:32:12.840 --> 02:32:22.120
 That motion passes 3-2.

02:32:22.120 --> 02:32:25.960
 That concludes our public hearings for this evening and moves us to the planning and zoning

02:32:25.960 --> 02:32:26.960
 matrix.

02:32:26.960 --> 02:32:32.140
 Haley, is there any updates for the matrix?

02:32:32.140 --> 02:32:33.140
 Nothing specific to the matrix.

02:32:33.140 --> 02:32:35.920
 I did want to give you a couple of updates from council.

02:32:35.920 --> 02:32:37.520
 We did have two approvals last night.

02:32:37.520 --> 02:32:43.960
 The single family lot on South Bonnie Bray Street was approved, as well as the rezoning

02:32:43.960 --> 02:32:47.800
 for the two portions of the DME property at the Denton Energy Center.

02:32:47.800 --> 02:32:48.800
 Okay.

02:32:48.800 --> 02:32:49.800
 Thank you.

02:32:49.800 --> 02:32:55.920
 Does anyone need to add anything to the matrix for Haley?

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.

02:33:00.400 --> 02:33:00.640
 Thank you.