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and this meeting has been duly posted in accordance to the

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Texas Open Meetings Act.

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I'd like to turn the mic over to Manal Molledad who can

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talk a little bit more about how things are going to play

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out tonight.

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>> Thank you, Vice Chair.

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I wanted to advise the commission that we will be taking

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our regular meeting out of order

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in order to be able to succinctly address the items that

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are listed on the agenda.

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If you'd bear with me, with our work session item, we're

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first going to go into a closed session.

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After which, we will dive into our work session items.

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Just to advise you on our regular meeting items, we will

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first address public hearing

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after we've addressed the consent items for the plat with

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the exception of 3A.

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We can look at those at the regular meeting and as a

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consent and you can make your decision on those.

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However, as it relates to the items associated with the

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razor ranch development,

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we will first address the amendment which is the public

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hearing request which would be item 5A.

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We will then go into the public hearing replant which is

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item 5B.

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We will then shuffle the agenda and go to the consent

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agenda item 3A for the conveyance plant.

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After which, we will consider or you will consider the

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individual items 4A and 4B.

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These items will be discussed last on the agenda.

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The public hearing item 5C will be the first public hearing

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item that will be considered.

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The public hearing item 5D, the zoning change request, will

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be addressed.

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After which, we will then shuffle back to the individual

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consideration item which is item 4C, the ADP.

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So relatively straightforward.

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>> Do I have a roster?

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>> And Jennifer and I will guide you through this if there

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are any hiccups along the way.

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This order is basically being changed just to the nature of

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the cases that you have in your agenda

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and to enable a better solid understanding of the cases

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that are in the packet today.

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>> Thank you.

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>> And with that, we'll blow into the next session.

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>> Okay. So with that, we will go into our closed session

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and when we're done with that, we'll go back to our talk

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session.

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Yes? I'm sorry.

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And it is 507. Thank you.

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Thank you and welcome back to our open work session.

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The time now is 528 and we are going to receive a

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clarification of our agenda items.

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>> Thank you, Vice Chair.

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If the commission has any questions, save item 3A.

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Any questions regarding the plots for 3B, 3C, and 3D, I'd

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be more than happy to discuss them.

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Otherwise, we can move on into the other items.

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>> I just had-- I'm sorry.

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>> That's fine. We can present.

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>> Okay. Well, I just had a question about the fireside

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park addition.

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>> Julie, if you would please.

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>> It's just a simple question, Julie.

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>> Oh, sure.

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>> I was just-- could you review for me what we had decided

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as far as fencing goes-- since a lot of these houses are

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backing up along the back of the houses on Hinkle and Winds

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or, what was the fencing that we decided on?

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>> It's going to be wrought iron per the overlay, the

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ordinance.

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>> Okay.

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>> All right, because I remember there was some

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conversation about having a full privacy fence or a masonry

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or something.

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>> There was conversation about that.

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And I'm not sure-- I believe the applicant also intends to

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do wrought iron for the individual homeowners because they

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want maximum visibility.

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>> Okay. Of course.

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Okay.

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Thank you.

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That was my question.

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Any other questions for the plots?

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>> That being said, if I can ask Sophie Humer to come up

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and go ahead and discuss the conveyance plot for the Razor

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Ranch Town Center.

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But I'm also going to actually turn this around a little

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bit and we'll start with all the items so that it makes

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sense when we talk about the plots.

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We have a final replot as well so we can talk about the

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final replot, conveyance plot is, and that was the order I

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was discussing with you earlier.

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And I'll also have her dive into the other items related to

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Razor Ranch so that you have it fresh in your mind as we're

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going through it.

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>> I'm going to start with the zoning.

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Start with the plots.

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>> Let's do that.

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Let's start with the zoning.

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>> Okay.

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All right, so this is SI 1516, the Razor Ranch Zoning

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Amendment.

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The request before you is to consider making a

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recommendation to city council regarding the procedural and

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development standards for the Razor Ranch Overlay District

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by superseding the previously approved Razor Ranch Overlay

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District classification and amending Chapter 35, subchapter

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715 of the Denton Development Code.

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Just to give you an idea, I think we all know what Razor is

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, but it's about 410 acres located on both sides of US

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Highway 380, commonly known as University Drive, and also

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between I-35, Bonnie Bray, and to the south scripture.

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So the purpose of this amendment is to eliminate ambigu

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ities between your concept plan sub areas and uses as well

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as amend any exhibits that may conflict with past site

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plans.

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The amendment will allow us to align the goals of the Razor

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Ranch Town Center vision, which was presented to city

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council on January 6, 2015, with a concept and master plan.

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And city council then blessed that vision and allowed us to

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move forward with the development on the south side.

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I'm just going to go through a brief summary of all of the

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amendments as well as the exhibits.

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So the first amendment is to amend the concept plan to

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reflect current and future development as proposed by RED

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Development in that vision presentation.

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Here on the left side you have the original concept plan

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and on the left you have the proposed plan.

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If you follow my mouse, this south RR2 is now the WNCO.

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RR1 has also been extended to include any parking lots that

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may come in with any town center development.

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The Hotel RR0 and MF has been aligned with lot 9R.

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And also the RR1 has been extended to the boundary of the

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convention center.

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This is the underlying zoning district exhibit.

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Again, the lines on that underlying haven't changed.

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It's just the concept plan lines, so they've been reflected

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.

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This is the bubble plan exhibit B2 in the existing

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ordinance.

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It will be removed as it's not a regulatory document.

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The concept plan is the document that sets the boundaries

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for those sub areas.

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The density zone plan exhibit B3 in the existing ordinance

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has also been modified to reflect contemplated development.

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The number of allowable units, density, any of those

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trigger requirements based on non-residential development

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have been left unchanged.

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There's no change to those regulations.

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On the left is the original and on the right is the

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proposed.

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Again, it was just extended to reflect current lot lines.

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This is exhibit B5.

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This is a site plan exhibit and it has just been modified

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to reflect current built conditions at the marketplace as

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well as eliminate this Cooke Children's Site Plan.

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Their vision has changed for the overall development of

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that site, but none of the development regulations have

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changed.

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The next amendment is to clarify the criteria of approval

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for site plans.

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Site plans are reviewed in accordance with all DDC

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regulations and then modified by the razor range overlay

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district.

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Again, permitted uses are governed by the sub area.

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So this is just to sum up, the city of Denton is amending

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the razor range overlay district to eliminate any incons

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istencies and ambiguities of the concept plan and outdated

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exhibits as well as procedural regulations.

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This is the public notification map.

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We have received no responses.

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Staff is recommending approval of the request as it's

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compatible with the Denton Development Code section 3573.

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And I will stand for any questions.

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Commissioner Beck.

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Thank you, Vice Chair.

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The Children's Cooke Hospital, it's gone away?

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It has not gone away.

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This is a old, I've actually seen this configuration on

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concept plans as far back as 2007.

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Earlier this year, they came in for a children's pediatric

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clinic here and they got an approved site plan.

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They're still contemplating development of that site.

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So none of that has changed.

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They'll come in for site plans just as they did before.

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Thank you.

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Any other questions on this item?

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Okay, thank you.

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All right, now we'll move to the plat.

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So we'll do the replat first, Sophie.

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Yes.

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Thank you.

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All right, so this is the final replat, FR1526.

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And for the record, this is listed as item 5B.

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Correct.

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The agenda.

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Are there requests to consider a final replat of the razor

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range town center phase one plots 10R1, 11 and 12 block A,

201
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being a replat of razor ranch town center phase one, lot 10

202
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R and lot one, block one of the razor ranch south conveyance

203
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plat.

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It's an approximately 74 acre property, generally located

205
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at the southeast corner of University Drive and Interstate

206
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Highway 35.

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Section 212 of the Texas Local Government Code requires a

208
00:10:49,960 --> 00:10:53,450
public hearing for any replat of a subdivision or part of a

209
00:10:53,450 --> 00:10:57,000
subdivision without vacation of the proceeding plat.

210
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This is page one of the plat, page two.

211
00:11:03,000 --> 00:11:06,879
And don't worry, I'm going to take you through the kind of

212
00:11:06,879 --> 00:11:11,000
the separate lots that we're bringing into this replat.

213
00:11:11,000 --> 00:11:14,000
This is a schematic of the existing conditions.

214
00:11:14,000 --> 00:11:20,000
You have lot 10R here and an existing conveyance plat.

215
00:11:20,000 --> 00:11:25,659
This is the southernmost boundary of the 99 acres of south,

216
00:11:25,659 --> 00:11:29,000
a future panhandle street is here.

217
00:11:29,000 --> 00:11:31,940
This is Interstate Highway 35 and this is the future

218
00:11:31,940 --> 00:11:33,000
heritage trail.

219
00:11:33,000 --> 00:11:37,000
So this is the plat as they exist today.

220
00:11:37,000 --> 00:11:42,029
To convey the convention center portions, there's a portion

221
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of acreage that has been brought into the plat.

222
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It's lot 11.

223
00:11:50,000 --> 00:11:55,000
Lot 12 was taken out of the existing conveyance plat.

224
00:11:55,000 --> 00:11:59,840
And to take lot 12 out of that conveyance plat, we have to

225
00:11:59,840 --> 00:12:05,000
convey the remainder of that existing conveyance plat.

226
00:12:05,000 --> 00:12:08,000
So that will come before you at CB15-4 tonight.

227
00:12:08,000 --> 00:12:12,519
So this is just a schematic of what you'll be approving

228
00:12:12,519 --> 00:12:18,000
tonight, which is lot 10R1, lot 11, and lot 12.

229
00:12:18,000 --> 00:12:23,230
The plat meets all the technical requirements of the DDC

230
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and staff is recommending approval.

231
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>> Any questions on this item?

232
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Okay, moving on.

233
00:12:34,000 --> 00:12:40,399
So I'll move right into the conveyance plat, which is item

234
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3A on your agenda.

235
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It's CB15-4.

236
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And just to reiterate, the request is to consider a convey

237
00:12:48,450 --> 00:12:51,460
ance plat of lot 13, block 1 of the Razor Ranch Town Center

238
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phase 1.

239
00:12:52,000 --> 00:12:56,509
It's approximately 22 acres, generally located at the

240
00:12:56,509 --> 00:13:00,240
southeast corner of University Drive and Interstate Highway

241
00:13:00,240 --> 00:13:01,000
35.

242
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This is the part of the replat.

243
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This is 10R.

244
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This is what will be future lot 12, and this is the

245
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remainder.

246
00:13:15,000 --> 00:13:22,000
So the plat boundary is around here.

247
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The plat meets all the technical requirements of the DDC,

248
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and staff is recommending approval.

249
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Any questions?

250
00:13:33,000 --> 00:13:34,000
Yep.

251
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Commissioner Taylor.

252
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>> Thank you, Chair.

253
00:13:36,000 --> 00:13:41,379
Just to clarify, I guess for my own edification here, there

254
00:13:41,379 --> 00:13:46,350
was a stripe between, in the former plat, but it's also

255
00:13:46,350 --> 00:13:50,000
this northernmost line of this plat.

256
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There appears to be like a 20 foot wide strip, but that's

257
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not proposed to be a public street.

258
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Is that just to keep, so where this curvy line is right

259
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there?

260
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Sure.

261
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If you go a little bit further over, you'll notice there's

262
00:14:03,129 --> 00:14:05,000
a 20 foot wide section maybe right there.

263
00:14:05,000 --> 00:14:11,779
And in the other plat, the previous plat that was being

264
00:14:11,779 --> 00:14:18,149
replaced by the replat, yeah, here, that gap also exists,

265
00:14:18,149 --> 00:14:19,000
right?

266
00:14:19,000 --> 00:14:20,000
Yes.

267
00:14:20,000 --> 00:14:24,519
Yeah, and so I was just curious to the purpose of that, is

268
00:14:24,519 --> 00:14:28,779
that like just to keep the main thoroughfare through the

269
00:14:28,779 --> 00:14:30,000
parking lot?

270
00:14:30,000 --> 00:14:33,000
Yeah, that'll be a future drive aisle.

271
00:14:33,000 --> 00:14:36,000
It's not contemplated to be a public street at this time.

272
00:14:36,000 --> 00:14:39,250
The wits would meet that requirement if it were to be

273
00:14:39,250 --> 00:14:41,000
turned over to the city.

274
00:14:41,000 --> 00:14:48,000
For right now, it's considered an internal drive.

275
00:14:48,000 --> 00:14:50,509
Okay, just kind of unusual. It seemed to be that it was

276
00:14:50,509 --> 00:14:51,000
excluded from both.

277
00:14:51,000 --> 00:14:55,759
Yeah, it's because of the existing boundaries of the plat

278
00:14:55,759 --> 00:14:59,000
and the way that it has to be plotted.

279
00:14:59,000 --> 00:15:00,000
Commissioner Beck.

280
00:15:00,000 --> 00:15:01,000
Thank you.

281
00:15:01,000 --> 00:15:04,000
Where's the new panhandle in this picture here?

282
00:15:04,000 --> 00:15:06,000
It would be further south.

283
00:15:06,000 --> 00:15:07,000
Okay.

284
00:15:07,000 --> 00:15:09,000
Thank you.

285
00:15:09,000 --> 00:15:10,000
Commissioner Dedowitz.

286
00:15:10,000 --> 00:15:13,230
Where those private drives are, is that residential then

287
00:15:13,230 --> 00:15:14,000
proposed?

288
00:15:14,000 --> 00:15:16,000
Is that why there are private drives there?

289
00:15:16,000 --> 00:15:19,000
Nothing has been submitted to the City of Denton.

290
00:15:19,000 --> 00:15:22,000
It is being contemplated and it is a permitted use.

291
00:15:22,000 --> 00:15:24,000
I mean, from the concept?

292
00:15:24,000 --> 00:15:25,000
Sure.

293
00:15:25,000 --> 00:15:26,000
Yes, sir.

294
00:15:26,000 --> 00:15:27,000
I guess that's what we're seeing.

295
00:15:27,000 --> 00:15:29,000
Yeah, MF is a permitted use.

296
00:15:29,000 --> 00:15:32,000
That's the multifamily.

297
00:15:32,000 --> 00:15:33,000
Right.

298
00:15:33,000 --> 00:15:35,000
Correct.

299
00:15:35,000 --> 00:15:38,730
As presented today and proposed in terms of the new exhibit

300
00:15:38,730 --> 00:15:39,000
.

301
00:15:39,000 --> 00:15:44,000
Correct.

302
00:15:44,000 --> 00:15:48,000
Anything else on this item?

303
00:15:48,000 --> 00:15:53,000
Okay.

304
00:15:53,000 --> 00:15:57,000
Is there individual consideration?

305
00:15:57,000 --> 00:16:00,429
So, I'm sorry, so 4A and 4B are the next things to talk

306
00:16:00,429 --> 00:16:02,000
about. Is that still Sophie?

307
00:16:02,000 --> 00:16:03,000
Yes.

308
00:16:03,000 --> 00:16:04,000
Hey, Sophie.

309
00:16:04,000 --> 00:16:05,000
Hey.

310
00:16:05,000 --> 00:16:06,000
You're still up there.

311
00:16:06,000 --> 00:16:07,000
Yes.

312
00:16:07,000 --> 00:16:08,000
So now we're talking 4A and 4B?

313
00:16:08,000 --> 00:16:09,000
Sure.

314
00:16:09,000 --> 00:16:10,000
Okay.

315
00:16:10,000 --> 00:16:11,879
All right, so we'll dive into the site plans or items for

316
00:16:11,879 --> 00:16:13,000
individual consideration.

317
00:16:13,000 --> 00:16:18,000
First is SP15 for In-N-Out Burger Razor Ranch.

318
00:16:18,000 --> 00:16:20,929
The request is for approval of a site plan within the Razor

319
00:16:20,929 --> 00:16:25,000
Ranch South Campus for a 3,870 square foot drive-through

320
00:16:25,000 --> 00:16:28,789
restaurant on lot 1, block A of the Razor Ranch Town Center

321
00:16:28,789 --> 00:16:30,000
, phase 1.

322
00:16:30,000 --> 00:16:33,000
The subject property is outlined in red here.

323
00:16:33,000 --> 00:16:40,000
It's on the south side of University Drive.

324
00:16:40,000 --> 00:16:42,299
The subject property is located within the Razor Ranch Over

325
00:16:42,299 --> 00:16:43,000
lay District.

326
00:16:43,000 --> 00:16:47,139
It's further located in an RR2 sub-district. Drive-throughs

327
00:16:47,139 --> 00:16:51,000
and restaurants are permitted in that sub-district.

328
00:16:51,000 --> 00:16:55,000
Just to go through a list of the approved projects already,

329
00:16:55,000 --> 00:16:58,990
we have Chili's, a multi-tenant retail site, Raisin Canes,

330
00:16:58,990 --> 00:17:07,000
a WinCo, and another multi-tenant retail in this RR2 area.

331
00:17:07,000 --> 00:17:10,099
For site plan approval for the Razor Ranch Town Center,

332
00:17:10,099 --> 00:17:13,529
staff requires a site plan, landscape plan, and building

333
00:17:13,529 --> 00:17:17,130
elevations that demonstrate compliance with the overlay's

334
00:17:17,130 --> 00:17:19,000
architectural standards.

335
00:17:19,000 --> 00:17:24,029
This is the site plan for In-N-Out Burger. University Drive

336
00:17:24,029 --> 00:17:27,000
is up here onto the north.

337
00:17:27,000 --> 00:17:31,390
This is an internal drive aisle. The TxDOT permit has been

338
00:17:31,390 --> 00:17:33,000
approved by TxDOT.

339
00:17:33,000 --> 00:17:37,519
There's also an internal opening here, and the site shares

340
00:17:37,519 --> 00:17:40,000
cross-access with the Chili's.

341
00:17:40,000 --> 00:17:46,180
They have approximately 74% lot coverage and 25% landscaped

342
00:17:46,180 --> 00:17:47,000
area.

343
00:17:47,000 --> 00:17:51,670
This is their landscape plan. They have 29% parking lot

344
00:17:51,670 --> 00:17:57,000
landscaping and 37% parking lot tree canopy cover.

345
00:17:57,000 --> 00:18:00,569
They also have a hardscape and plaza area, and most of the

346
00:18:00,569 --> 00:18:04,000
three required elements are integrated together.

347
00:18:04,000 --> 00:18:07,410
They're an outdoor dining and pedestrian sitting area. That

348
00:18:07,410 --> 00:18:10,000
's in the front here as well.

349
00:18:10,000 --> 00:18:15,400
And this area outlined in red is also a shaded area. It's

350
00:18:15,400 --> 00:18:20,329
an outdoor dining area that is integrated into the actual

351
00:18:20,329 --> 00:18:23,000
footprint of the building.

352
00:18:23,000 --> 00:18:24,000
Commissioner Beck.

353
00:18:24,000 --> 00:18:27,210
Thank you, Vice Chair. This is where I had a question. It's

354
00:18:27,210 --> 00:18:31,980
probably small, but it says here that the site plan meets

355
00:18:31,980 --> 00:18:34,990
these standards by providing an outdoor seating area,

356
00:18:34,990 --> 00:18:38,450
pedestrian seating, and integrated awnings and shade

357
00:18:38,450 --> 00:18:42,140
structures that cover healthy travel pedestrian paths and

358
00:18:42,140 --> 00:18:43,000
gathering places.

359
00:18:43,000 --> 00:18:45,000
Where are the awnings at?

360
00:18:45,000 --> 00:18:48,319
Awnings aren't necessarily shown on a site plan. Those are

361
00:18:48,319 --> 00:18:52,000
not structural. They will be, however.

362
00:18:52,000 --> 00:18:56,000
Here's an awning. Here's an awning.

363
00:18:56,000 --> 00:18:59,210
But the three elements that they also have to meet that

364
00:18:59,210 --> 00:19:03,000
requirement include one, outdoor dining, which they have,

365
00:19:03,000 --> 00:19:06,390
two, pedestrian seating. I believe there are benches out

366
00:19:06,390 --> 00:19:09,259
front as well as in the shade area, and then the integrated

367
00:19:09,259 --> 00:19:13,000
shade area in their plaza area, which is this space.

368
00:19:13,000 --> 00:19:17,509
Okay, but the awnings don't necessarily take care of

369
00:19:17,509 --> 00:19:19,000
heavily traveled pedestrian paths.

370
00:19:19,000 --> 00:19:23,470
No, there's some space out here. It is proportional to what

371
00:19:23,470 --> 00:19:26,779
we also see with other drive-through restaurants along this

372
00:19:26,779 --> 00:19:28,000
commercial area.

373
00:19:28,000 --> 00:19:31,000
Okay. Just want to make sure they work.

374
00:19:31,000 --> 00:19:32,000
Sure.

375
00:19:32,000 --> 00:19:34,000
Thank you.

376
00:19:34,000 --> 00:19:38,279
These are the elevations. This is the south elevation as

377
00:19:38,279 --> 00:19:42,660
you would be looking north actually from the town center.

378
00:19:42,660 --> 00:19:46,750
You also have the east elevation, which is what you'd be

379
00:19:46,750 --> 00:19:50,700
looking at from Chili's. This is also what they consider

380
00:19:50,700 --> 00:19:53,500
their main entrance, and here you can actually see the

381
00:19:53,500 --> 00:19:59,000
structure pop out.

382
00:19:59,000 --> 00:20:03,319
This is the north elevation. Again, all of these site plans

383
00:20:03,319 --> 00:20:07,150
for the Razor Ranch Town Center are required to provide

384
00:20:07,150 --> 00:20:11,369
architectural elements such as masonry requirements, and

385
00:20:11,369 --> 00:20:15,000
they also have a reduced trade dress standard.

386
00:20:15,000 --> 00:20:19,210
In-N-Out has particularly high trade dress requirements,

387
00:20:19,210 --> 00:20:23,279
and so they actually, we met with them, we met with Red and

388
00:20:23,279 --> 00:20:26,000
kind of got them to this elevation.

389
00:20:26,000 --> 00:20:29,079
You also have this west elevation with the drive-through.

390
00:20:29,079 --> 00:20:33,410
So there's plenty of masonry requirements, almost no trade

391
00:20:33,410 --> 00:20:41,980
dress, and the color palette is also the same as it would

392
00:20:41,980 --> 00:20:45,000
be on the rest of the strip.

393
00:20:45,000 --> 00:20:47,000
So I'm just going to go through the criteria for approval.

394
00:20:47,000 --> 00:20:50,430
The site plan does comply with the concept and schematic

395
00:20:50,430 --> 00:20:55,000
plan. The restaurant and drive-through is a permitted use.

396
00:20:55,000 --> 00:20:57,700
The site plan also provides for compatible arrangement of

397
00:20:57,700 --> 00:21:01,220
buildings and land uses. Again, it's bordered by University

398
00:21:01,220 --> 00:21:05,000
Drive to the north and surrounded by other commercial uses.

399
00:21:05,000 --> 00:21:08,410
The site plan shares access to the internal drive aisles

400
00:21:08,410 --> 00:21:11,759
and allows for the safe movement of pedestrians and veh

401
00:21:11,759 --> 00:21:13,000
icular traffic.

402
00:21:13,000 --> 00:21:17,390
And the site plan also complies with all other development

403
00:21:17,390 --> 00:21:20,960
regulations of the ordinance. Staff is recommending

404
00:21:20,960 --> 00:21:24,920
approval as it's consistent with the Razor Ranch Overlay

405
00:21:24,920 --> 00:21:26,000
District.

406
00:21:26,000 --> 00:21:29,000
I stand for any questions.

407
00:21:29,000 --> 00:21:31,000
Yes, go ahead. Question to Taylor.

408
00:21:31,000 --> 00:21:36,099
Thank you, Chair. So, this is kind of peripheral to this. I

409
00:21:36,099 --> 00:21:39,319
'm noticing the street entrance, you said the text dot

410
00:21:39,319 --> 00:21:41,000
permit had been received?

411
00:21:41,000 --> 00:21:43,000
Yes, and approved.

412
00:21:43,000 --> 00:21:46,970
And it's barely visible in this site diagram, but it

413
00:21:46,970 --> 00:21:53,349
appears that what is now the turn lane from the access road

414
00:21:53,349 --> 00:21:58,250
to 380 becomes a turn in only. Is that accurate? I'm just

415
00:21:58,250 --> 00:21:59,000
trying to read that.

416
00:21:59,000 --> 00:22:03,650
Yes, it is a right turn in only. This is pork chopped here

417
00:22:03,650 --> 00:22:08,289
as well, so it'll be right out to discourage left turns.

418
00:22:08,289 --> 00:22:13,000
That's what's been approved with the text dot permit.

419
00:22:13,000 --> 00:22:15,000
Is there an additional right turn?

420
00:22:15,000 --> 00:22:16,000
Okay.

421
00:22:16,000 --> 00:22:18,000
And then it stops at the end.

422
00:22:18,000 --> 00:22:21,700
And the text dot permit is approved through text dot

423
00:22:21,700 --> 00:22:24,000
through our city engineers.

424
00:22:24,000 --> 00:22:28,089
No, I was just trying to understand that. So that existing

425
00:22:28,089 --> 00:22:31,789
turn lane is built right now and just kind of eventually

426
00:22:31,789 --> 00:22:34,000
dead ends at the intersection.

427
00:22:34,000 --> 00:22:35,000
Main entrance.

428
00:22:35,000 --> 00:22:37,000
Main entrance. And so it will.

429
00:22:37,000 --> 00:22:38,000
This is an additional right turn.

430
00:22:38,000 --> 00:22:44,000
So it will be two right turn lines. Okay. Thank you.

431
00:22:44,000 --> 00:22:48,000
I have a few questions.

432
00:22:48,000 --> 00:22:51,079
As long as we're talking about traffic flow, because I take

433
00:22:51,079 --> 00:22:54,220
my kids often to the restaurants on the north campus. It's

434
00:22:54,220 --> 00:22:56,500
close to my house and there's a lot of good places to eat

435
00:22:56,500 --> 00:22:57,000
there.

436
00:22:57,000 --> 00:22:59,599
But when I'm walking through that parking lot with my kids,

437
00:22:59,599 --> 00:23:02,000
there's a lot of things I like to change about that.

438
00:23:02,000 --> 00:23:04,880
So a question about traffic flow and pedestrian

439
00:23:04,880 --> 00:23:06,000
accessibility.

440
00:23:06,000 --> 00:23:07,000
Sure.

441
00:23:07,000 --> 00:23:09,000
Can you show me with this drive through kind of what is the

442
00:23:09,000 --> 00:23:11,160
traffic flow for that? Because sometimes like when I'm at

443
00:23:11,160 --> 00:23:13,329
the Chick-fil-A, for example, on the north side, I get

444
00:23:13,329 --> 00:23:16,039
stuck. I'm trying to exit the parking lot and I get stuck

445
00:23:16,039 --> 00:23:17,000
in the drive through.

446
00:23:17,000 --> 00:23:20,000
So drive. And then I have another question too after that.

447
00:23:20,000 --> 00:23:24,000
Sure. The stacking for the drive through.

448
00:23:24,000 --> 00:23:26,000
The menu board is here.

449
00:23:26,000 --> 00:23:29,880
The way that this building is oriented actually believe it

450
00:23:29,880 --> 00:23:34,000
allows for a longer than what is required for the stacking.

451
00:23:34,000 --> 00:23:36,960
What you would do is this is one of the is probably going

452
00:23:36,960 --> 00:23:40,000
to be the most heavily used entrance for that site.

453
00:23:40,000 --> 00:23:43,380
What you'll do is you'll come in and either park in the

454
00:23:43,380 --> 00:23:46,000
parking lot or begin the stack here.

455
00:23:46,000 --> 00:23:48,190
Sorry. So how would you get up to the stack there? You

456
00:23:48,190 --> 00:23:50,000
wouldn't turn into the parking lot.

457
00:23:50,000 --> 00:23:53,000
You turn in here and you can actually just go straight.

458
00:23:53,000 --> 00:23:55,000
This is continuous.

459
00:23:55,000 --> 00:23:56,740
So the stacking is happening kind of outside the parking

460
00:23:56,740 --> 00:23:57,000
lot.

461
00:23:57,000 --> 00:23:58,000
Yes.

462
00:23:58,000 --> 00:24:02,000
That's great. I wish they did that at the Chick-fil-A.

463
00:24:02,000 --> 00:24:04,000
Okay. Thank you.

464
00:24:04,000 --> 00:24:07,809
The other another question too is how are pedestrians going

465
00:24:07,809 --> 00:24:11,000
to get safely from their cars to the inside and out?

466
00:24:11,000 --> 00:24:13,650
Knowing that the stacking is actually happening outside the

467
00:24:13,650 --> 00:24:16,000
parking lot makes me feel a lot better about that.

468
00:24:16,000 --> 00:24:19,380
But are there any sort of designated pedestrian walkways

469
00:24:19,380 --> 00:24:22,000
anywhere inside that parking lot?

470
00:24:22,000 --> 00:24:26,000
There aren't any dedicated to that.

471
00:24:26,000 --> 00:24:29,500
The building footprint itself has a pretty large plaza area

472
00:24:29,500 --> 00:24:33,289
in front, which is what we don't typically see that with

473
00:24:33,289 --> 00:24:36,000
some of these drive through restaurants.

474
00:24:36,000 --> 00:24:40,660
There are no greater than three rows of parking at any time

475
00:24:40,660 --> 00:24:41,000
.

476
00:24:41,000 --> 00:24:45,309
And so that is usually an allowable safe distance you don't

477
00:24:45,309 --> 00:24:46,000
have.

478
00:24:46,000 --> 00:24:48,000
Also the unique configuration of the site.

479
00:24:48,000 --> 00:24:51,289
I know a lot of people just like to kind of go straight

480
00:24:51,289 --> 00:24:55,000
through parking drive aisles at 25 miles an hour.

481
00:24:55,000 --> 00:24:58,650
The way the site is designed, it actually kind of keeps

482
00:24:58,650 --> 00:25:01,000
vehicles rotating either through.

483
00:25:01,000 --> 00:25:04,680
You'll decide you don't want to get in line and you'll just

484
00:25:04,680 --> 00:25:06,000
come in and park.

485
00:25:06,000 --> 00:25:10,509
There aren't any straight drive aisles that somebody could

486
00:25:10,509 --> 00:25:12,000
get up to speed in.

487
00:25:12,000 --> 00:25:14,000
Okay. That's great. Yeah.

488
00:25:14,000 --> 00:25:16,630
And then, like I said, knowing that the cars are stacking

489
00:25:16,630 --> 00:25:19,279
outside the parking lot, I think is going to add an element

490
00:25:19,279 --> 00:25:20,000
of safety.

491
00:25:20,000 --> 00:25:26,000
And these are also pretty heavily landscaped.

492
00:25:26,000 --> 00:25:32,349
Go to the landscape plan. These are actually fairly large

493
00:25:32,349 --> 00:25:34,779
trees around the outside here as well as in the parking lot

494
00:25:34,779 --> 00:25:35,000
.

495
00:25:35,000 --> 00:25:38,809
So it exceeds all of the parking lot landscape requirements

496
00:25:38,809 --> 00:25:43,160
, which will also help with some of the slowing down of the

497
00:25:43,160 --> 00:25:44,000
vehicles.

498
00:25:44,000 --> 00:25:45,349
Thank you. And that segues to my next question. And I see

499
00:25:45,349 --> 00:25:47,000
there's some questions over here.

500
00:25:47,000 --> 00:25:51,509
What are the parking lot requirements for trees as far as

501
00:25:51,509 --> 00:25:55,890
breaking that up like those, was it 10 parking spaces and

502
00:25:55,890 --> 00:25:57,000
then a tree?

503
00:25:57,000 --> 00:25:59,000
I've seen that in other developments. What are the-

504
00:25:59,000 --> 00:26:02,210
Yes, it's 10 parking spaces. Every 10 parking spaces, you

505
00:26:02,210 --> 00:26:04,000
need a landscaped island and a landscaped tree.

506
00:26:04,000 --> 00:26:05,000
And that's what's happening here?

507
00:26:05,000 --> 00:26:07,000
It's sufficient.

508
00:26:07,000 --> 00:26:08,000
Thank you.

509
00:26:08,000 --> 00:26:10,000
Commissioner Rossell, you had a question?

510
00:26:10,000 --> 00:26:12,130
Yes, thank you, Vice Chair. It kind of piggybacks on

511
00:26:12,130 --> 00:26:14,000
Commissioner's earlier question.

512
00:26:14,000 --> 00:26:18,470
On the east side of the parking, it's all open. There's no

513
00:26:18,470 --> 00:26:19,000
curb there.

514
00:26:19,000 --> 00:26:23,049
So there's not, you could pull through those parking spots

515
00:26:23,049 --> 00:26:27,099
right into the main thoroughfare that you mentioned. Am I

516
00:26:27,099 --> 00:26:28,000
reading that correctly?

517
00:26:28,000 --> 00:26:31,000
You could. I'm trying to find this-

518
00:26:31,000 --> 00:26:32,910
I'm looking specifically right in the center, like just due

519
00:26:32,910 --> 00:26:34,000
east of the actual building.

520
00:26:34,000 --> 00:26:35,000
Right here.

521
00:26:35,000 --> 00:26:37,319
Right, but those parking spots that are doubled up down

522
00:26:37,319 --> 00:26:38,000
right there.

523
00:26:38,000 --> 00:26:41,160
This is, you can barely see it on the site plan. This is

524
00:26:41,160 --> 00:26:42,000
actually the Chili's building.

525
00:26:42,000 --> 00:26:43,000
Okay.

526
00:26:43,000 --> 00:26:46,779
And there's parking that ends here. So this is a very

527
00:26:46,779 --> 00:26:52,000
contained vehicular movement throughout the site.

528
00:26:52,000 --> 00:26:57,660
Is that thoroughfare wider to allow for two cars going

529
00:26:57,660 --> 00:26:59,000
through?

530
00:26:59,000 --> 00:27:02,569
Or is the distance between the parking spots on In-N-Out's

531
00:27:02,569 --> 00:27:06,299
property and Chili's the same distance as like the south

532
00:27:06,299 --> 00:27:08,000
side of this property? Does that make sense?

533
00:27:08,000 --> 00:27:10,519
It's the same distance. It's actually a pretty narrow,

534
00:27:10,519 --> 00:27:13,269
calling it thoroughfare is being pretty generous. It's a

535
00:27:13,269 --> 00:27:17,000
drive aisle. It's part of the parking lot.

536
00:27:17,000 --> 00:27:19,500
Okay, but like you said, that is going to be the most

537
00:27:19,500 --> 00:27:22,299
heavily trafficked area to get into the stack of the drive-

538
00:27:22,299 --> 00:27:23,000
through.

539
00:27:23,000 --> 00:27:24,000
Sure.

540
00:27:24,000 --> 00:27:25,000
Okay, thank you.

541
00:27:25,000 --> 00:27:26,000
Yes, it is.

542
00:27:26,000 --> 00:27:27,000
Chair?

543
00:27:27,000 --> 00:27:28,000
Mr. Dadowitz.

544
00:27:28,000 --> 00:27:31,599
Can I piggyback? Because I'm looking at a schematic that

545
00:27:31,599 --> 00:27:35,000
shows those parking spots on the In-N-Out flat.

546
00:27:35,000 --> 00:27:38,079
It's not here, but he's right. There is no barrier there.

547
00:27:38,079 --> 00:27:41,000
Cars can come from the north and pull. There you go.

548
00:27:41,000 --> 00:27:44,960
There's no barrier there to those parking spots on that

549
00:27:44,960 --> 00:27:48,440
east side. I mean, they can pull in this way. They can pull

550
00:27:48,440 --> 00:27:49,000
throughout.

551
00:27:49,000 --> 00:27:52,000
Yeah, they aren't required. It's a parking lot.

552
00:27:52,000 --> 00:27:56,309
There are the number of landscape islands as well as the

553
00:27:56,309 --> 00:28:00,769
other parking and the adjacent buildings actually make for

554
00:28:00,769 --> 00:28:03,000
a pretty contained site.

555
00:28:03,000 --> 00:28:06,099
The site plan has been evaluated by engineering for

556
00:28:06,099 --> 00:28:09,279
internal stacking requirements and it meets all of the

557
00:28:09,279 --> 00:28:11,000
requirements of the DDC.

558
00:28:11,000 --> 00:28:13,700
But it's, yeah, I've got some ideas too, but go ahead,

559
00:28:13,700 --> 00:28:15,000
Commissioner Rossell.

560
00:28:15,000 --> 00:28:20,690
Thank you. Is there a requirement for parking curbs in

561
00:28:20,690 --> 00:28:24,000
between those, that aisle of spots?

562
00:28:24,000 --> 00:28:28,759
No, there aren't. These aren't contained lots. They're

563
00:28:28,759 --> 00:28:33,309
meant to function as cross, they're meant to wrap. They're

564
00:28:33,309 --> 00:28:35,480
meant to have cars and pedestrians circulating throughout

565
00:28:35,480 --> 00:28:36,000
the site.

566
00:28:36,000 --> 00:28:40,609
Mostly cars. This side is auto-oriented. University is a

567
00:28:40,609 --> 00:28:46,000
heavily traveled automobile. It's a primary arterial.

568
00:28:46,000 --> 00:28:48,960
This is a site plan that meets all the requirements of the

569
00:28:48,960 --> 00:28:52,049
DDC and it actually exceeds some of the requirements of the

570
00:28:52,049 --> 00:28:54,000
Razor Ranch overlay district.

571
00:28:54,000 --> 00:28:58,000
But it does seem to me that to further increase safety,

572
00:28:58,000 --> 00:29:00,339
because it is car oriented, but the fact is there are

573
00:29:00,339 --> 00:29:04,589
people that will be walking in there from, if they've got

574
00:29:04,589 --> 00:29:07,000
to park on the far end of the parking lot, up wherever.

575
00:29:07,000 --> 00:29:10,609
How hard would it be to put between, we're looking at the

576
00:29:10,609 --> 00:29:14,420
east side of the parking lot there, just those little curb

577
00:29:14,420 --> 00:29:17,609
stops between the two parking spaces so that as you're

578
00:29:17,609 --> 00:29:21,150
coming in you can't just zip in and grab a parking spot and

579
00:29:21,150 --> 00:29:23,529
maybe you didn't see out of the corner of your eye someone

580
00:29:23,529 --> 00:29:25,000
trying to walk through there.

581
00:29:25,000 --> 00:29:28,730
It doesn't seem like it would be that difficult. Is there a

582
00:29:28,730 --> 00:29:31,000
, why are we not doing that?

583
00:29:31,000 --> 00:29:33,000
If I can introduce, I'm sorry, go ahead.

584
00:29:33,000 --> 00:29:34,000
Commissioner Taylor.

585
00:29:34,000 --> 00:29:40,700
Thank you Chair. So, just to, I think I'd like to bring us

586
00:29:40,700 --> 00:29:44,009
back to the nature of this type of use. You know, if you

587
00:29:44,009 --> 00:29:47,349
just go across university to a very nice looking, well

588
00:29:47,349 --> 00:29:54,369
designed development, you have, you know, 10 or 12 sets of

589
00:29:54,369 --> 00:29:58,000
double road parking with no curb barriers at all.

590
00:29:58,000 --> 00:30:01,250
Then you have these, then you have medians, you know, from

591
00:30:01,250 --> 00:30:04,230
the SAMs all the way across the SAMs, then you have a set

592
00:30:04,230 --> 00:30:07,289
of medians and you have all the way across the Walmart, and

593
00:30:07,289 --> 00:30:11,000
a set of medians and you have the next set of box stores,

594
00:30:11,000 --> 00:30:14,660
you know, 10 or 12 sets of rows and then another set of med

595
00:30:14,660 --> 00:30:15,000
ians.

596
00:30:15,000 --> 00:30:18,210
Here you have, you know, one row of parking between a

597
00:30:18,210 --> 00:30:21,279
building and another building. You've got a solid

598
00:30:21,279 --> 00:30:24,869
continuous barrier on the north side, that's not driveways

599
00:30:24,869 --> 00:30:28,000
out on the 380, that's just landscape.

600
00:30:28,000 --> 00:30:31,920
You have one 24 foot wide entryway on the south, and then

601
00:30:31,920 --> 00:30:35,690
on the other side of the chiles is one more 24 foot wide

602
00:30:35,690 --> 00:30:39,710
entryway. This isn't like, you know, if you look at most of

603
00:30:39,710 --> 00:30:43,500
our parking lots in town, you can get a, you know, four or

604
00:30:43,500 --> 00:30:48,000
500 yard straight shot diagonally across a parking lot.

605
00:30:48,000 --> 00:30:51,730
And even on really high quality developments, like just

606
00:30:51,730 --> 00:30:55,680
north of here, you can get, you know, two or 300 yards

607
00:30:55,680 --> 00:31:00,000
easily of straight shots diagonally through parking stalls.

608
00:31:00,000 --> 00:31:04,519
So I don't think that this warrants like a safety hazard

609
00:31:04,519 --> 00:31:09,000
that needs to be addressed specifically for this site.

610
00:31:09,000 --> 00:31:11,000
Just to,

611
00:31:11,000 --> 00:31:14,279
And just to interject, if we look at this site plan, if you

612
00:31:14,279 --> 00:31:17,529
look at the remit or the meets and bounds of this site, you

613
00:31:17,529 --> 00:31:21,019
can tell that this is a shared access, if I'm not mistaken,

614
00:31:21,019 --> 00:31:22,000
is that correct?

615
00:31:22,000 --> 00:31:27,319
That helps with the vehicular circulation of traffic. If we

616
00:31:27,319 --> 00:31:31,079
were to install curb stops or a raised median or some kind

617
00:31:31,079 --> 00:31:34,670
of barrier, you're impeding the flow eventually of the

618
00:31:34,670 --> 00:31:37,630
entire development, because your circulation pattern is

619
00:31:37,630 --> 00:31:40,000
being looked at comprehensively

620
00:31:40,000 --> 00:31:42,769
and taking into consideration the entire built up, eventual

621
00:31:42,769 --> 00:31:44,000
built out environment.

622
00:31:44,000 --> 00:31:46,680
So it behooves us and that's why our team sat down and

623
00:31:46,680 --> 00:31:49,500
looked at this and said, let's have some shared access eas

624
00:31:49,500 --> 00:31:50,000
ements.

625
00:31:50,000 --> 00:31:52,890
Let's ensure that when we have back to back parking, those

626
00:31:52,890 --> 00:31:55,680
are my words just to try and illustrate to the audience as

627
00:31:55,680 --> 00:31:56,000
well,

628
00:31:56,000 --> 00:32:00,509
that we are actually not compromising one, the flow of

629
00:32:00,509 --> 00:32:04,059
traffic and the mutual access easements or the common

630
00:32:04,059 --> 00:32:08,440
access easements or shared driveways enables more efficient

631
00:32:08,440 --> 00:32:09,000
flow of traffic.

632
00:32:09,000 --> 00:32:15,000
And this is also a fire lane. Yes.

633
00:32:15,000 --> 00:32:18,339
I found that helpful. Thank you, Commissioner Beck. Thank

634
00:32:18,339 --> 00:32:21,849
you Vice Chair. Just real quickly, could you demonstrate

635
00:32:21,849 --> 00:32:26,049
how cars are expected to exit from that lane that they're

636
00:32:26,049 --> 00:32:27,000
picking up food?

637
00:32:27,000 --> 00:32:32,349
Sure, they'll, oh from picking up food out here. Yes. Yeah,

638
00:32:32,349 --> 00:32:34,000
the menu board is here.

639
00:32:34,000 --> 00:32:37,099
Before you even get to the menu board, you also have an

640
00:32:37,099 --> 00:32:40,000
exit lane, which is required by engineering.

641
00:32:40,000 --> 00:32:42,930
They'll come through the minute I the pickup window is

642
00:32:42,930 --> 00:32:46,009
approximately here, and then they'll exit out into the

643
00:32:46,009 --> 00:32:49,000
parking lot. Okay.

644
00:32:49,000 --> 00:32:53,619
And there'll be wide enough slots. It's apparent where this

645
00:32:53,619 --> 00:32:56,000
is. Yes. Okay exit.

646
00:32:56,000 --> 00:33:00,000
West at the end of the building.

647
00:33:00,000 --> 00:33:03,380
No, this is a fully contained you can actually see it

648
00:33:03,380 --> 00:33:05,000
better on the landscape.

649
00:33:05,000 --> 00:33:09,000
Oh, I see. Thank you. Yeah, this is all landscaped area.

650
00:33:09,000 --> 00:33:12,700
This is a sidewalk that comes in off of university to get

651
00:33:12,700 --> 00:33:16,000
you further south on the site.

652
00:33:16,000 --> 00:33:19,829
So again, staying with this concern as they're coming out,

653
00:33:19,829 --> 00:33:23,279
are they kind of blind until they get around that corner

654
00:33:23,279 --> 00:33:24,000
there?

655
00:33:24,000 --> 00:33:29,029
No, they'll exit here. They can get to there are no curbs

656
00:33:29,029 --> 00:33:32,000
in here. This is all cross access.

657
00:33:32,000 --> 00:33:35,230
You'll be able to exit here and come straight out back to

658
00:33:35,230 --> 00:33:43,000
this drive aisle and exit. Okay. Thank you.

659
00:33:43,000 --> 00:33:47,000
Further questions on this?

660
00:33:47,000 --> 00:33:56,000
Okay. And then was it 4B would be next? Yes.

661
00:33:56,000 --> 00:34:00,519
4B is SB 15-8, the Razor Ranch Embassy Suites and

662
00:34:00,519 --> 00:34:02,000
Convention Center.

663
00:34:02,000 --> 00:34:04,880
The request before you is to consider approval of the site

664
00:34:04,880 --> 00:34:09,409
plan within the Razor Ranch South Campus for 115,860 square

665
00:34:09,409 --> 00:34:13,000
foot hotel and convention center on lots 11 and 12 block A

666
00:34:13,000 --> 00:34:16,000
of the Razor Ranch Town Center phase one.

667
00:34:16,000 --> 00:34:19,909
It's an approximately 12 acre tract outlined in red or

668
00:34:19,909 --> 00:34:25,000
orange here. It's on the south side of US Highway 380.

669
00:34:25,000 --> 00:34:30,030
The subject property is located in the RR1 sub district.

670
00:34:30,030 --> 00:34:33,989
Hotels and convention centers are permitted in that sub

671
00:34:33,989 --> 00:34:35,000
district.

672
00:34:35,000 --> 00:34:39,510
Just to show you in relationship to the overall town center

673
00:34:39,510 --> 00:34:44,070
as well as the proposed projects, this site is contemplated

674
00:34:44,070 --> 00:34:47,369
to be the town center, the heart of the town center area as

675
00:34:47,369 --> 00:34:49,000
presented by reading their vision.

676
00:34:49,000 --> 00:34:57,000
The convention center would be situated south of it here.

677
00:34:57,000 --> 00:35:00,210
Again, Razor Ranch site plans, they're required to submit a

678
00:35:00,210 --> 00:35:03,019
site plan, landscape plan, building elevations that

679
00:35:03,019 --> 00:35:06,090
demonstrate compliance with the overlay's architectural

680
00:35:06,090 --> 00:35:07,000
standards.

681
00:35:07,000 --> 00:35:10,099
This is the site plan for the hotel and convention center.

682
00:35:10,099 --> 00:35:14,409
They're at 82% lot coverage and provided 18% landscaped

683
00:35:14,409 --> 00:35:15,000
area.

684
00:35:15,000 --> 00:35:18,000
This is oriented north.

685
00:35:18,000 --> 00:35:21,409
This way is north and the town center is right here. It

686
00:35:21,409 --> 00:35:25,099
also provides for a nice visual corridor coming through the

687
00:35:25,099 --> 00:35:27,000
middle of the town center.

688
00:35:27,000 --> 00:35:30,000
This is the front of the hotel.

689
00:35:30,000 --> 00:35:34,630
Outlined in yellow here is the hotel building, the tower

690
00:35:34,630 --> 00:35:39,679
that actually kind of rises from the convention center. And

691
00:35:39,679 --> 00:35:44,309
the one outlined in blue is the convention center. It's

692
00:35:44,309 --> 00:35:48,000
kind of the one story convention center.

693
00:35:48,000 --> 00:35:49,000
>> Question on this?

694
00:35:49,000 --> 00:35:50,000
>> Commissioner Battschalk.

695
00:35:50,000 --> 00:35:53,579
>> Thank you. That's all under one roof, the hotel and the

696
00:35:53,579 --> 00:35:55,000
convention center?

697
00:35:55,000 --> 00:36:00,250
>> The hotel is a tower, I believe it's 10 stories. And

698
00:36:00,250 --> 00:36:04,000
then the convention center is a part of that, yes.

699
00:36:04,000 --> 00:36:05,000
>> Okay.

700
00:36:05,000 --> 00:36:08,000
>> We can see that on the elevations as well.

701
00:36:08,000 --> 00:36:11,869
>> Okay. The space between, what looks like a space between

702
00:36:11,869 --> 00:36:15,489
the tower and the convention center, what is that? Is that

703
00:36:15,489 --> 00:36:17,000
outside or inside?

704
00:36:17,000 --> 00:36:20,369
>> This is the roof of the convention center. That would be

705
00:36:20,369 --> 00:36:23,809
outside. There is no, this is all, anything contained in

706
00:36:23,809 --> 00:36:26,000
blue or yellow here is building.

707
00:36:26,000 --> 00:36:27,000
>> Okay.

708
00:36:27,000 --> 00:36:28,000
>> That's the building footprint.

709
00:36:28,000 --> 00:36:31,000
>> Gotcha. Thank you.

710
00:36:31,000 --> 00:36:34,559
>> This is their landscape plan. They're at 11% parking lot

711
00:36:34,559 --> 00:36:39,000
landscaping and 41% parking lot tree canopy.

712
00:36:39,000 --> 00:36:43,170
>> For their hardscape and plaza area, they provided a my

713
00:36:43,170 --> 00:36:47,909
riad of the different architectural elements. They provide

714
00:36:47,909 --> 00:36:52,800
seating area, additional plaza trees, shade with open space

715
00:36:52,800 --> 00:36:54,000
, they have biker acts.

716
00:36:54,000 --> 00:36:59,510
>> They also have integrated planters and they have a large

717
00:36:59,510 --> 00:37:04,000
event lawn at the front of the building here.

718
00:37:04,000 --> 00:37:08,519
>> These are the elevations. This is the north side of the

719
00:37:08,519 --> 00:37:12,519
hotel and convention center. So it would be as you were

720
00:37:12,519 --> 00:37:17,050
looking south from the town center. This is the entrance

721
00:37:17,050 --> 00:37:20,000
with the kind of a portico.

722
00:37:20,000 --> 00:37:26,219
>> The Hooligans restaurant is located here. The elevation

723
00:37:26,219 --> 00:37:30,780
on the bottom of the page here is the south elevation as

724
00:37:30,780 --> 00:37:33,000
you're looking north.

725
00:37:33,000 --> 00:37:37,519
>> This is a wall that is longer than 100 foot. We worked

726
00:37:37,519 --> 00:37:39,840
with the applicant to make sure they broke that up,

727
00:37:39,840 --> 00:37:43,769
provided different building materials. And so you can see

728
00:37:43,769 --> 00:37:48,000
here, this is the tower of the hotel.

729
00:37:48,000 --> 00:37:51,949
>> These are the east and west elevations. The top is the

730
00:37:51,949 --> 00:37:55,900
east as you would be looking from say heritage trail or any

731
00:37:55,900 --> 00:38:00,019
other contemplated development. And then the west as you

732
00:38:00,019 --> 00:38:03,000
would be looking from the interstate.

733
00:38:03,000 --> 00:38:05,360
>> So I'm just going to go through again the criteria for

734
00:38:05,360 --> 00:38:08,730
approval. The site plan complies with the concept and

735
00:38:08,730 --> 00:38:12,730
schematic plan. Hotels and convention centers are permitted

736
00:38:12,730 --> 00:38:13,000
.

737
00:38:13,000 --> 00:38:15,900
>> Site plan provides for compatible arrangement of

738
00:38:15,900 --> 00:38:19,309
buildings and land uses. It's interior again to the overall

739
00:38:19,309 --> 00:38:22,679
development and will be surrounded by other commercial uses

740
00:38:22,679 --> 00:38:23,000
.

741
00:38:23,000 --> 00:38:26,500
>> Site plan shares access to internal drive aisles and

742
00:38:26,500 --> 00:38:30,150
allows for the safe movement of pedestrian and vehicular

743
00:38:30,150 --> 00:38:31,000
traffic.

744
00:38:31,000 --> 00:38:33,449
>> And the site plan fully complies with all other

745
00:38:33,449 --> 00:38:36,199
development regulations and the razor range overlay

746
00:38:36,199 --> 00:38:37,000
district.

747
00:38:37,000 --> 00:38:40,539
>> So with that, staff is recommending approval as it's

748
00:38:40,539 --> 00:38:44,809
consistent with the razor range overlay district. I don't

749
00:38:44,809 --> 00:38:48,000
stand for any questions.

750
00:38:48,000 --> 00:38:54,000
>> Okay. Thank you, Sophie. Is that it for the razor range?

751
00:38:54,000 --> 00:38:55,000
>> Yes.

752
00:38:55,000 --> 00:38:57,599
>> I'm wondering would it be a good time now for us to take

753
00:38:57,599 --> 00:39:00,159
a quick break and grab some food before we move on to the

754
00:39:00,159 --> 00:39:02,000
next few items or is this the next --

755
00:39:02,000 --> 00:39:03,000
>> We can do that.

756
00:39:03,000 --> 00:39:06,849
>> Yeah? Okay. Then we're going to take a quick like five

757
00:39:06,849 --> 00:39:11,000
minute or less recess and we'll reconvene in a few minutes.

758
00:39:33,000 --> 00:39:38,289
>> At 6.09, you all did it in five minutes or less. I'm

759
00:39:38,289 --> 00:39:40,000
very proud of you.

760
00:39:40,000 --> 00:39:46,750
The next item we're going to talk about is 5D. And then

761
00:39:46,750 --> 00:39:52,000
related to that, I guess would be item 4C. So Julie Wyatt.

762
00:39:52,000 --> 00:39:56,000
>> Thank you.

763
00:39:56,000 --> 00:40:09,000
>> Good evening. Let me find my presentation.

764
00:40:09,000 --> 00:40:13,670
Okay. The request before you right now is Z1527. It's for

765
00:40:13,670 --> 00:40:16,000
Popeyes and a Burger King.

766
00:40:16,000 --> 00:40:19,980
It's to consider making a recommendation to city council

767
00:40:19,980 --> 00:40:23,690
regarding a rezoning from NRMU to community mixed use

768
00:40:23,690 --> 00:40:26,000
general on 2.1 acres.

769
00:40:26,000 --> 00:40:31,449
The property is located at the corner of University and Eck

770
00:40:31,449 --> 00:40:33,000
ford Street.

771
00:40:33,000 --> 00:40:36,840
The existing zoning for the site is NRMU. In fact, here's

772
00:40:36,840 --> 00:40:41,000
our site right here. It's at the corner.

773
00:40:41,000 --> 00:40:45,309
The applicant is requesting a rezoning because they would

774
00:40:45,309 --> 00:40:48,650
like to build a Popeyes and a Burger King, each with a

775
00:40:48,650 --> 00:40:50,000
drive through use.

776
00:40:50,000 --> 00:40:55,659
NRMU does permit restaurants. However, it has a limitation

777
00:40:55,659 --> 00:41:00,380
that limits the restaurant use to sit down only, no drive

778
00:41:00,380 --> 00:41:03,000
up service, drive through services permitted.

779
00:41:03,000 --> 00:41:06,000
It also limits the number of seats to 100.

780
00:41:06,000 --> 00:41:12,000
So they have -- so they're proposing a rezoning to CMG,

781
00:41:12,000 --> 00:41:17,090
which would permit restaurants and drive through uses by

782
00:41:17,090 --> 00:41:18,000
right.

783
00:41:18,000 --> 00:41:22,829
The future land use designation per the Denton Plan 2030 is

784
00:41:22,829 --> 00:41:24,000
commercial.

785
00:41:24,000 --> 00:41:27,559
We're going to jump right into considerations. So first, in

786
00:41:27,559 --> 00:41:30,869
looking at CMG, the purpose of CMG is to provide shopping,

787
00:41:30,869 --> 00:41:34,300
services, recreation, and employment and is supported by

788
00:41:34,300 --> 00:41:36,000
the entire community.

789
00:41:36,000 --> 00:41:39,280
And when you look at where CMG is often located in the city

790
00:41:39,280 --> 00:41:44,210
of Denton, it's on primary arterials because of that access

791
00:41:44,210 --> 00:41:49,000
needed in order to serve the entire community.

792
00:41:49,000 --> 00:41:53,610
When you look at the West University corridor, you can see

793
00:41:53,610 --> 00:41:57,849
that CMG district prevails along this area, and we're going

794
00:41:57,849 --> 00:42:01,000
to look at a map in just a minute that will make it clear.

795
00:42:01,000 --> 00:42:05,510
The proposed CMG district is a logical extension of the

796
00:42:05,510 --> 00:42:09,610
adjacent CMG district, and that the commercial use is

797
00:42:09,610 --> 00:42:13,420
permitted in CMG are consistent with the existing

798
00:42:13,420 --> 00:42:16,469
development pattern that's located along West University

799
00:42:16,469 --> 00:42:18,000
Drive, also consistent with the character.

800
00:42:18,000 --> 00:42:21,599
When you look at the uses, the existing NRMU does have

801
00:42:21,599 --> 00:42:26,519
commercial uses. However, CMG sort of scales that up a

802
00:42:26,519 --> 00:42:31,570
little bit to encompass the entire community, whereas NRMU

803
00:42:31,570 --> 00:42:33,000
is more neighborhood based.

804
00:42:33,000 --> 00:42:38,099
CMG also allows for some more auto-oriented uses like drive

805
00:42:38,099 --> 00:42:43,000
-throughs that NRMU would ordinarily have an SUP for.

806
00:42:43,000 --> 00:42:47,219
So here's a map of the West University corridor from I-35

807
00:42:47,219 --> 00:42:51,030
to about North Locust, and you can see that CMG is along

808
00:42:51,030 --> 00:42:54,000
this corridor pretty consistently.

809
00:42:54,000 --> 00:42:57,869
There are some pockets that differ from that, and then of

810
00:42:57,869 --> 00:43:01,570
course in the Razor Ranch you do have the RCCD, but that

811
00:43:01,570 --> 00:43:05,000
has the additional access of being on 35.

812
00:43:05,000 --> 00:43:09,789
So you can see that CMG is a consistent zoning district

813
00:43:09,789 --> 00:43:12,000
along this corridor.

814
00:43:12,000 --> 00:43:16,750
When you dive down in toward the property, you can also see

815
00:43:16,750 --> 00:43:21,000
that the property is adjacent to an existing CMG.

816
00:43:21,000 --> 00:43:25,820
There is some NRMU and NRMU 12 to the south and to the east

817
00:43:25,820 --> 00:43:31,000
, but CMG is quite prevalent around the subject property.

818
00:43:31,000 --> 00:43:36,000
So in that case, CMG is appropriate for this area.

819
00:43:36,000 --> 00:43:40,519
And then when we look at the development pattern on West

820
00:43:40,519 --> 00:43:43,300
University Drive, you see that over the decades it's

821
00:43:43,300 --> 00:43:46,000
developed as a pretty substantial commercial corridor

822
00:43:46,000 --> 00:43:48,000
within the city of Denton.

823
00:43:48,000 --> 00:43:52,610
You have restaurants, you have drive-throughs, you also

824
00:43:52,610 --> 00:43:56,000
have offices and other services and goods.

825
00:43:56,000 --> 00:44:00,699
And so a CMG district as well as the proposed Popeyes and

826
00:44:00,699 --> 00:44:05,519
Burger King are consistent with what's existing on West

827
00:44:05,519 --> 00:44:07,000
University.

828
00:44:07,000 --> 00:44:09,849
Some additional considerations, the subject property's

829
00:44:09,849 --> 00:44:12,219
location on a primary major arterial adjacent to a

830
00:44:12,219 --> 00:44:15,389
neighborhood is the land use pattern that is repeated along

831
00:44:15,389 --> 00:44:17,000
West University Drive.

832
00:44:17,000 --> 00:44:20,000
I'm going to show you a map of that in just a minute.

833
00:44:20,000 --> 00:44:24,610
But also NRMU and CMG have similar dimensional requirements

834
00:44:24,610 --> 00:44:28,920
, which even though CMG has some additional uses that NRMU

835
00:44:28,920 --> 00:44:30,000
doesn't have,

836
00:44:30,000 --> 00:44:34,929
because they have the same maximum lot coverage and same

837
00:44:34,929 --> 00:44:39,000
height and same maximum or minimum lot area,

838
00:44:39,000 --> 00:44:43,000
the development pattern would be similar for that lot,

839
00:44:43,000 --> 00:44:45,000
whether it would be CMG or NRMU.

840
00:44:45,000 --> 00:44:52,489
There are some variations, but the lot coverage is the same

841
00:44:52,489 --> 00:44:53,000
.

842
00:44:53,000 --> 00:44:57,519
So in looking at how the area has developed, West

843
00:44:57,519 --> 00:45:00,000
University is a primary major arterial.

844
00:45:00,000 --> 00:45:03,289
And just to let you know, a primary major arterial is one

845
00:45:03,289 --> 00:45:06,719
of the highest street classifications that we have within

846
00:45:06,719 --> 00:45:08,000
the city of Denton.

847
00:45:08,000 --> 00:45:12,159
Its purpose is a route from outside the city to in the city

848
00:45:12,159 --> 00:45:16,280
or to move people out of the city and then also across the

849
00:45:16,280 --> 00:45:17,000
city.

850
00:45:17,000 --> 00:45:19,000
So these are substantial roads.

851
00:45:19,000 --> 00:45:28,000
And that is in part why CMG is located on West University.

852
00:45:28,000 --> 00:45:31,769
Ector, which is another street that is adjacent to the

853
00:45:31,769 --> 00:45:35,000
subject property, is a collector as well.

854
00:45:35,000 --> 00:45:40,030
So we have this pattern of the CMG on West University

855
00:45:40,030 --> 00:45:41,000
within residential behind it.

856
00:45:41,000 --> 00:45:44,420
And you can see it in North University Place that's across

857
00:45:44,420 --> 00:45:48,000
the street and a little east from the subject property.

858
00:45:48,000 --> 00:45:51,000
You can also see it in North Lake Park addition.

859
00:45:51,000 --> 00:45:55,000
It's similar to Westchester Park and also Carroll Park.

860
00:45:55,000 --> 00:45:59,309
So this is a land use pattern that is not uncommon in this

861
00:45:59,309 --> 00:46:00,000
area.

862
00:46:00,000 --> 00:46:03,210
And then our final consideration for the zoning case was

863
00:46:03,210 --> 00:46:05,000
Denton Plan 2030.

864
00:46:05,000 --> 00:46:09,000
The future land use designation is commercial for the area.

865
00:46:09,000 --> 00:46:13,639
The intent of commercial is to encourage concentrations of

866
00:46:13,639 --> 00:46:18,489
commercial uses, typically more auto oriented than maybe

867
00:46:18,489 --> 00:46:21,000
some of our more mixed use development areas.

868
00:46:21,000 --> 00:46:24,360
And then they could be standalone in some of the outlying

869
00:46:24,360 --> 00:46:25,000
areas.

870
00:46:25,000 --> 00:46:27,639
The Denton Plan also says that the character of the area

871
00:46:27,639 --> 00:46:29,000
should be maintained.

872
00:46:29,000 --> 00:46:33,889
Staff believes that CMG meets the character of West

873
00:46:33,889 --> 00:46:36,000
University Drive.

874
00:46:36,000 --> 00:46:39,269
We are going to discuss the neighborhood adjacent and that

875
00:46:39,269 --> 00:46:41,000
character in just a minute.

876
00:46:41,000 --> 00:46:42,000
So we'll get to that.

877
00:46:42,000 --> 00:46:45,780
And then NRMU district really isn't consistent with this

878
00:46:45,780 --> 00:46:48,000
future land use designation.

879
00:46:48,000 --> 00:46:51,880
It's a little more fine grain commercial, a little more for

880
00:46:51,880 --> 00:46:54,000
just the neighborhoods surrounding it,

881
00:46:54,000 --> 00:46:59,000
and a little more walkable than maybe West University is.

882
00:46:59,000 --> 00:47:03,940
So CMG or the commercial, the future land use designation

883
00:47:03,940 --> 00:47:07,800
of commercial, the intent is to eventually have an actual

884
00:47:07,800 --> 00:47:10,000
commercial zoning district.

885
00:47:10,000 --> 00:47:13,869
We don't have that yet, but CMG is probably the most

886
00:47:13,869 --> 00:47:18,000
appropriate for that future land use designation.

887
00:47:18,000 --> 00:47:22,039
So when we look at the future land use map of the West

888
00:47:22,039 --> 00:47:25,000
University corridor, you can see that it really does

889
00:47:25,000 --> 00:47:30,679
concentrate the commercial uses between I-35 and then also

890
00:47:30,679 --> 00:47:32,000
the north locust area.

891
00:47:32,000 --> 00:47:34,940
So you can see you've got the regional mixed use near the

892
00:47:34,940 --> 00:47:38,000
highway because there's even better access there.

893
00:47:38,000 --> 00:47:41,159
You've got the commercial corridor here and then it flows

894
00:47:41,159 --> 00:47:43,000
into the community mixed use.

895
00:47:43,000 --> 00:47:48,030
So the CMG does meet this future land use designation,

896
00:47:48,030 --> 00:47:52,230
particularly in terms of the concentrating of the

897
00:47:52,230 --> 00:47:54,000
commercial uses.

898
00:47:54,000 --> 00:47:56,659
So the criteria for approval for zoning cases is in subch

899
00:47:56,659 --> 00:47:59,000
apter three of the Denton Development Code.

900
00:47:59,000 --> 00:48:02,099
First, the proposal must conform to the future land use

901
00:48:02,099 --> 00:48:03,000
designation.

902
00:48:03,000 --> 00:48:08,000
CMG does conform to commercial future land use.

903
00:48:08,000 --> 00:48:11,119
We also, as staff, looked at the development pattern in the

904
00:48:11,119 --> 00:48:14,400
land uses surrounding the request and due to the

905
00:48:14,400 --> 00:48:17,679
development pattern on West University, we felt like this

906
00:48:17,679 --> 00:48:19,000
was an appropriate zoning district.

907
00:48:19,000 --> 00:48:22,309
And that the proposed rezoning facilitates adequate

908
00:48:22,309 --> 00:48:25,989
provision of transportation and other public convenience

909
00:48:25,989 --> 00:48:28,000
and public infrastructure.

910
00:48:28,000 --> 00:48:31,769
Due to the location on West University, we felt like the

911
00:48:31,769 --> 00:48:35,059
access to the site would be appropriate for a more

912
00:48:35,059 --> 00:48:38,000
community based commercial development.

913
00:48:38,000 --> 00:48:41,559
And then any additional infrastructure or public

914
00:48:41,559 --> 00:48:45,000
convenience would be addressed at Platting.

915
00:48:45,000 --> 00:48:47,269
So we looked at the zoning and we felt like the zoning was

916
00:48:47,269 --> 00:48:48,000
appropriate.

917
00:48:48,000 --> 00:48:51,659
However, during the process, staff asked the applicant to

918
00:48:51,659 --> 00:48:54,000
hold some neighborhood meetings.

919
00:48:54,000 --> 00:48:57,000
The applicant did hold two.

920
00:48:57,000 --> 00:49:00,949
We also communicated with the neighborhood and through that

921
00:49:00,949 --> 00:49:04,869
communication, we were alerted to the concerns that the

922
00:49:04,869 --> 00:49:06,000
neighborhood had.

923
00:49:06,000 --> 00:49:12,070
They had concerns about lighting and noise, traffic, visual

924
00:49:12,070 --> 00:49:15,000
impacts of a drive through.

925
00:49:15,000 --> 00:49:19,510
And so in order to address those, we worked with the

926
00:49:19,510 --> 00:49:23,000
applicant to put forth an alternative development plan.

927
00:49:23,000 --> 00:49:26,130
And we're using this as a mechanism to address those

928
00:49:26,130 --> 00:49:27,000
concerns.

929
00:49:27,000 --> 00:49:34,000
So it's allowing us to work on the site plan to elevate the

930
00:49:34,000 --> 00:49:38,440
development and to get a high quality development that

931
00:49:38,440 --> 00:49:42,000
would address screening, landscaping, lighting,

932
00:49:42,000 --> 00:49:46,000
transportation, the building elevations and signage.

933
00:49:46,000 --> 00:49:49,920
So we're going to look at the landscape plan, the site plan

934
00:49:49,920 --> 00:49:54,010
and some architectural renderings to talk about some of the

935
00:49:54,010 --> 00:49:57,000
things that are proposed with that ADP.

936
00:49:57,000 --> 00:50:01,000
So we'll first look at the site plan.

937
00:50:01,000 --> 00:50:05,000
It reflects two six foot monument signs.

938
00:50:05,000 --> 00:50:08,000
This is above what the code requires.

939
00:50:08,000 --> 00:50:11,219
The sign code for the city of Denton actually permits pole

940
00:50:11,219 --> 00:50:14,000
signs on University that can be 20 feet high.

941
00:50:14,000 --> 00:50:17,730
Because of this lot's location on Ector, they could also

942
00:50:17,730 --> 00:50:20,909
have an additional sign on Ector because Ector is a

943
00:50:20,909 --> 00:50:22,000
collector.

944
00:50:22,000 --> 00:50:27,820
So in our discussions, it was limited to two six foot

945
00:50:27,820 --> 00:50:30,000
monument signs.

946
00:50:30,000 --> 00:50:33,079
There's also a proposed six foot masonry screening wall at

947
00:50:33,079 --> 00:50:35,920
the southern edge of the property that is above what the

948
00:50:35,920 --> 00:50:37,000
code requires.

949
00:50:37,000 --> 00:50:40,000
Bicycle parking at each restaurant.

950
00:50:40,000 --> 00:50:42,869
Trash cans at the end of the drive through to address some

951
00:50:42,869 --> 00:50:45,000
of those concerns regarding litter.

952
00:50:45,000 --> 00:50:49,610
A photometric study that exceeds the Denton Development

953
00:50:49,610 --> 00:50:53,000
Code's requirements was also submitted.

954
00:50:53,000 --> 00:50:58,000
Crosswalks for pedestrian crossing.

955
00:50:58,000 --> 00:51:01,880
There is a bus stop here and so we told them that just in

956
00:51:01,880 --> 00:51:06,219
case somebody's walking to provide a safe place for them to

957
00:51:06,219 --> 00:51:07,000
walk.

958
00:51:07,000 --> 00:51:10,000
And then I want to talk about access for just a minute.

959
00:51:10,000 --> 00:51:13,429
The Denton Development Code requires that if access can be

960
00:51:13,429 --> 00:51:17,000
taken from a lesser street, then access should not be

961
00:51:17,000 --> 00:51:19,489
provided on an arterial, but rather be provided on a lesser

962
00:51:19,489 --> 00:51:20,000
street.

963
00:51:20,000 --> 00:51:24,000
In this case, Ector Street.

964
00:51:24,000 --> 00:51:28,610
In talking with engineering and with the planning and then

965
00:51:28,610 --> 00:51:32,989
also the developer, having the additional access on West

966
00:51:32,989 --> 00:51:38,000
University helps the circulation within the site and also

967
00:51:38,000 --> 00:51:42,460
takes pressure off of the entering and exiting the site

968
00:51:42,460 --> 00:51:44,000
just from Ector Street.

969
00:51:44,000 --> 00:51:47,730
As we all know, West University Drive is a text dot road

970
00:51:47,730 --> 00:51:51,000
and so text dot does require approval of that.

971
00:51:51,000 --> 00:51:54,670
In response to that, the applicant has submitted a TIA that

972
00:51:54,670 --> 00:51:58,889
engineering is reviewing right now and they have some

973
00:51:58,889 --> 00:52:04,710
confidence that text dot would approve this additional ride

974
00:52:04,710 --> 00:52:07,000
in, ride out access here.

975
00:52:07,000 --> 00:52:10,789
If that did not come about, if access could not be provided

976
00:52:10,789 --> 00:52:14,550
here, this ADP, if the zoning was approved and the ADP was

977
00:52:14,550 --> 00:52:18,349
approved, they could not build until they amended the ADP

978
00:52:18,349 --> 00:52:21,949
and staff would have some concerns about recommending

979
00:52:21,949 --> 00:52:27,000
approval for that because of the access issue.

980
00:52:27,000 --> 00:52:34,409
The landscape plan, both NRMU and CMG. NRMU requires 40%

981
00:52:34,409 --> 00:52:40,630
tree canopy, CMG requires 30%. The applicant is proposing

982
00:52:40,630 --> 00:52:42,000
59% on the site.

983
00:52:42,000 --> 00:52:46,389
They're proposing 29% landscaping, which exceeds the 20%

984
00:52:46,389 --> 00:52:47,000
required.

985
00:52:47,000 --> 00:52:51,519
They're proposing a 15 foot landscape area in the front,

986
00:52:51,519 --> 00:52:55,019
which is not a code requirement unless you have front

987
00:52:55,019 --> 00:52:56,000
parking.

988
00:52:56,000 --> 00:52:59,210
They're proposing foundational plantings on the Popeyes

989
00:52:59,210 --> 00:53:00,000
building.

990
00:53:00,000 --> 00:53:03,530
The menu boards are going to be located in about these

991
00:53:03,530 --> 00:53:07,400
areas and we felt pretty strongly as staff and then the

992
00:53:07,400 --> 00:53:11,400
neighborhood felt that menu boards can create noise and

993
00:53:11,400 --> 00:53:13,000
have visual impacts.

994
00:53:13,000 --> 00:53:16,920
So the applicant has created, you know, planted a tree here

995
00:53:16,920 --> 00:53:20,820
and added some plantings in order to screen that diagonally

996
00:53:20,820 --> 00:53:24,539
from the adjacent neighborhood to try to help soften that

997
00:53:24,539 --> 00:53:26,000
menu board area.

998
00:53:26,000 --> 00:53:30,719
And then some additional shrubs were planned for the

999
00:53:30,719 --> 00:53:34,000
southern portion, if approved.

1000
00:53:34,000 --> 00:53:36,000
Here are some architectural renderings.

1001
00:53:36,000 --> 00:53:39,000
We worked with the applicant.

1002
00:53:39,000 --> 00:53:42,360
The city of Denton or the Denton Development Code does not

1003
00:53:42,360 --> 00:53:45,369
have a masonry, a minimum masonry requirement for

1004
00:53:45,369 --> 00:53:47,000
commercial buildings.

1005
00:53:47,000 --> 00:53:51,510
They have submitted elevations that have a masonry

1006
00:53:51,510 --> 00:53:56,000
percentage from 7 to 63%, depending on the view of the

1007
00:53:56,000 --> 00:53:57,000
building.

1008
00:53:57,000 --> 00:53:59,800
If it's more visible, then it's a higher masonry percentage

1009
00:53:59,800 --> 00:54:00,000
.

1010
00:54:00,000 --> 00:54:03,250
We also talked to them that we wanted some more muted

1011
00:54:03,250 --> 00:54:04,000
colors.

1012
00:54:04,000 --> 00:54:09,139
Just a color palette that is more compatible with a

1013
00:54:09,139 --> 00:54:15,000
residential area because of neighborhood concerns.

1014
00:54:15,000 --> 00:54:19,000
So that is the ADP portion of it.

1015
00:54:19,000 --> 00:54:21,000
We'll go back to the zoning.

1016
00:54:21,000 --> 00:54:23,480
Because the zoning requires a public notification, ADP

1017
00:54:23,480 --> 00:54:29,000
doesn't, we did notify the public of the zoning request.

1018
00:54:29,000 --> 00:54:33,519
We have received two opposition letters and then four in

1019
00:54:33,519 --> 00:54:37,000
favor within the 200-foot boundary.

1020
00:54:37,000 --> 00:54:40,679
We have received other letters, and I gave you copies of

1021
00:54:40,679 --> 00:54:44,130
all of them that are from the adjacent neighborhood that

1022
00:54:44,130 --> 00:54:45,000
are outside of the boundary.

1023
00:54:45,000 --> 00:54:49,610
But within that 200-foot boundary, which is what triggers

1024
00:54:49,610 --> 00:54:53,980
the supermajority requirement, we have received two letters

1025
00:54:53,980 --> 00:54:58,000
of opposition, which does exceed the 20%.

1026
00:54:58,000 --> 00:55:02,000
So a supermajority vote will be required to approve it.

1027
00:55:02,000 --> 00:55:04,000
By council.

1028
00:55:04,000 --> 00:55:05,000
By council.

1029
00:55:05,000 --> 00:55:07,000
Here, no.

1030
00:55:07,000 --> 00:55:10,510
So based upon the criteria for approval for the zoning case

1031
00:55:10,510 --> 00:55:14,340
and the considerations presented here to you tonight, staff

1032
00:55:14,340 --> 00:55:17,000
does recommend approval of the zoning case.

1033
00:55:17,000 --> 00:55:21,230
We also recommend approval of the ADP with the condition

1034
00:55:21,230 --> 00:55:25,190
that it is only valid if the zoning case is approved by

1035
00:55:25,190 --> 00:55:29,000
city council, and I'll answer any questions.

1036
00:55:29,000 --> 00:55:32,000
Thank you, Vice Chair.

1037
00:55:32,000 --> 00:55:38,590
So if I understand you right, excuse me, the ADP won't be

1038
00:55:38,590 --> 00:55:44,000
approved if we don't get that university entrance.

1039
00:55:44,000 --> 00:55:48,840
The ADP before you tonight includes that West University

1040
00:55:48,840 --> 00:55:50,000
entrance.

1041
00:55:50,000 --> 00:55:53,539
If they do not get approval of that, then a building permit

1042
00:55:53,539 --> 00:55:57,000
couldn't be issued because they have an ADP in place.

1043
00:55:57,000 --> 00:56:00,000
A new ADP would have to come in front of you.

1044
00:56:00,000 --> 00:56:03,429
Staff would have to look at what they propose, and we would

1045
00:56:03,429 --> 00:56:06,000
make a recommendation based upon that.

1046
00:56:06,000 --> 00:56:07,000
Okay.

1047
00:56:07,000 --> 00:56:08,000
Does that answer your question?

1048
00:56:08,000 --> 00:56:09,000
Sure. Thank you.

1049
00:56:09,000 --> 00:56:11,000
One other thing, I'm sorry.

1050
00:56:11,000 --> 00:56:15,719
On the east side, can you show the illustration where there

1051
00:56:15,719 --> 00:56:18,000
's parking places there?

1052
00:56:18,000 --> 00:56:19,000
Yes.

1053
00:56:19,000 --> 00:56:20,000
Is that correct?

1054
00:56:20,000 --> 00:56:23,289
And then, what is there, some land between the parking

1055
00:56:23,289 --> 00:56:25,000
places and Hector Street?

1056
00:56:25,000 --> 00:56:27,000
You brought something up I failed to mention.

1057
00:56:27,000 --> 00:56:30,099
There is a three foot screening wall here that is a code

1058
00:56:30,099 --> 00:56:31,000
requirement.

1059
00:56:31,000 --> 00:56:33,000
This is kind of a landscape area.

1060
00:56:33,000 --> 00:56:34,000
It has an easement.

1061
00:56:34,000 --> 00:56:37,000
So, you know, not much landscaping can go in there.

1062
00:56:37,000 --> 00:56:39,760
This would be Hector Street, and then this is where the

1063
00:56:39,760 --> 00:56:41,000
parking would start.

1064
00:56:41,000 --> 00:56:44,329
One other thing, those parking spaces are angled so that

1065
00:56:44,329 --> 00:56:47,400
headlights, when they park in the evening, would go face

1066
00:56:47,400 --> 00:56:51,000
toward University and not toward the neighborhood.

1067
00:56:51,000 --> 00:56:54,000
But there's not room to put trees in there?

1068
00:56:54,000 --> 00:56:56,000
There aren't trees.

1069
00:56:56,000 --> 00:56:58,000
There isn't room in that.

1070
00:56:58,000 --> 00:57:01,260
Easement trees aren't usually allowed within easements

1071
00:57:01,260 --> 00:57:03,000
within the City of Denton.

1072
00:57:03,000 --> 00:57:06,800
So, in those cases, our landscape administrator works with

1073
00:57:06,800 --> 00:57:10,280
the applicant to meet the street tree requirement, but to

1074
00:57:10,280 --> 00:57:12,429
group them together, and that's what they've done in this

1075
00:57:12,429 --> 00:57:13,000
instance.

1076
00:57:13,000 --> 00:57:15,000
Okay. Thank you.

1077
00:57:15,000 --> 00:57:16,000
Commissioner Rosl.

1078
00:57:16,000 --> 00:57:17,000
Thank you, Vice Chair.

1079
00:57:17,000 --> 00:57:19,440
I have a lot of questions probably, but I'll narrow it down

1080
00:57:19,440 --> 00:57:20,000
to three.

1081
00:57:20,000 --> 00:57:24,280
Just to be clear, that is two separate votes tonight, one

1082
00:57:24,280 --> 00:57:27,000
for rezoning and one for the ADP.

1083
00:57:27,000 --> 00:57:28,000
Yes, sir.

1084
00:57:28,000 --> 00:57:30,000
So, those are independent.

1085
00:57:30,000 --> 00:57:33,630
The next question I had is, has there been any traffic

1086
00:57:33,630 --> 00:57:36,000
impact study on Hector Street?

1087
00:57:36,000 --> 00:57:39,320
If all exiting traffic, well, not I guess all, but a lot of

1088
00:57:39,320 --> 00:57:42,400
exiting traffic and left, I guess westbound University

1089
00:57:42,400 --> 00:57:45,000
traffic would have to enter through Hector as well.

1090
00:57:45,000 --> 00:57:47,000
Has there been a traffic study on that?

1091
00:57:47,000 --> 00:57:49,699
That has been submitted to the City, and engineering is

1092
00:57:49,699 --> 00:57:51,000
reviewing it right now.

1093
00:57:51,000 --> 00:57:53,000
Okay.

1094
00:57:53,000 --> 00:57:58,500
And then lastly, you made a statement that if TextDOT did

1095
00:57:58,500 --> 00:58:03,949
not approve the primary arterial entrance, staff would have

1096
00:58:03,949 --> 00:58:06,000
concerns with approving the ADP.

1097
00:58:06,000 --> 00:58:11,159
I'm just curious, that's a make or break in terms of the

1098
00:58:11,159 --> 00:58:14,000
staff's recommendation?

1099
00:58:14,000 --> 00:58:17,920
We would have to see what the applicant came back with to

1100
00:58:17,920 --> 00:58:21,789
see how they would mitigate for that and how they would

1101
00:58:21,789 --> 00:58:25,000
address those concerns that prompted that.

1102
00:58:25,000 --> 00:58:29,380
Because that additional access really, when you're talking

1103
00:58:29,380 --> 00:58:33,000
about circulation at the previous In-N-Out Burger,

1104
00:58:33,000 --> 00:58:37,239
when we discuss the circulation pattern, that really helps

1105
00:58:37,239 --> 00:58:41,320
to create a safe circulation pattern within the site, but

1106
00:58:41,320 --> 00:58:45,000
it also takes the pressure off of Hector Street.

1107
00:58:45,000 --> 00:58:50,000
So, staff recommends approval for this with that driveway.

1108
00:58:50,000 --> 00:58:53,210
If they don't get approval for it, they would have to come

1109
00:58:53,210 --> 00:58:56,139
back and we would just have to see what they propose at

1110
00:58:56,139 --> 00:58:57,000
that time.

1111
00:58:57,000 --> 00:58:59,769
I'm not sure if staff would give a recommendation of

1112
00:58:59,769 --> 00:59:01,000
approval for that.

1113
00:59:01,000 --> 00:59:03,960
And I guess going along with that, just so I understand

1114
00:59:03,960 --> 00:59:07,230
this correctly, if someone's heading westbound on

1115
00:59:07,230 --> 00:59:09,469
University, and they wanted to eat at one of these

1116
00:59:09,469 --> 00:59:10,000
restaurants,

1117
00:59:10,000 --> 00:59:13,510
and then they wanted to continue that journey still west

1118
00:59:13,510 --> 00:59:16,000
ward, they would turn onto Hector, enter through the Hector,

1119
00:59:16,000 --> 00:59:19,460
go through a drive-through, circle all the way back out to

1120
00:59:19,460 --> 00:59:22,469
Hector, go to University, and then there's an unprotected

1121
00:59:22,469 --> 00:59:24,000
left turn back on University?

1122
00:59:24,000 --> 00:59:27,269
They could, or they could turn on Hector, turn on Emory,

1123
00:59:27,269 --> 00:59:30,000
and then go to Bonnie Bray and up to the light.

1124
00:59:30,000 --> 00:59:32,000
So, we kind of talked about all those scenarios.

1125
00:59:32,000 --> 00:59:34,190
So, a potential reroute would be actually through the

1126
00:59:34,190 --> 00:59:35,000
neighborhood?

1127
00:59:35,000 --> 00:59:40,000
It would be on that edge of the neighborhood.

1128
00:59:40,000 --> 00:59:41,000
Thank you.

1129
00:59:41,000 --> 00:59:42,000
Sure.

1130
00:59:42,000 --> 00:59:43,000
Commissioner Dudowitz.

1131
00:59:43,000 --> 00:59:44,000
Yes, thank you, Chair.

1132
00:59:44,000 --> 00:59:52,000
Can you show us a site plan that depicts this view, please?

1133
00:59:52,000 --> 00:59:53,000
That?

1134
00:59:53,000 --> 00:59:54,000
Neighborhood view.

1135
00:59:54,000 --> 00:59:56,000
I want to understand what the surrounding area is.

1136
00:59:56,000 --> 01:00:00,000
Don't help?

1137
01:00:00,000 --> 01:00:02,000
Okay.

1138
01:00:02,000 --> 01:00:04,000
So, we're talking about a neighborhood.

1139
01:00:04,000 --> 01:00:07,659
Can you tell me where that neighborhood is, and how far it

1140
01:00:07,659 --> 01:00:09,000
is away?

1141
01:00:09,000 --> 01:00:10,000
That's Emory, right?

1142
01:00:10,000 --> 01:00:14,000
This is, here's the subject property.

1143
01:00:14,000 --> 01:00:17,099
There is a piece of property between this one and the

1144
01:00:17,099 --> 01:00:20,400
neighborhood, and then you have Emory, which is sort of the

1145
01:00:20,400 --> 01:00:23,070
northern boundary of these, of the Hector Street

1146
01:00:23,070 --> 01:00:25,000
neighborhood, as well as the adjacent neighborhood.

1147
01:00:25,000 --> 01:00:26,000
Okay.

1148
01:00:26,000 --> 01:00:30,070
So, the property to the south is an empty field currently

1149
01:00:30,070 --> 01:00:31,000
in a barn?

1150
01:00:31,000 --> 01:00:35,000
I believe there's a single family, it's a house, yeah.

1151
01:00:35,000 --> 01:00:37,000
I believe it's a single family residence.

1152
01:00:37,000 --> 01:00:38,000
That's a house?

1153
01:00:38,000 --> 01:00:39,000
Mm-hmm.

1154
01:00:39,000 --> 01:00:40,000
In NRMU 12.

1155
01:00:40,000 --> 01:00:42,000
It looks like a barn to me.

1156
01:00:42,000 --> 01:00:44,000
Yeah, I'm not.

1157
01:00:44,000 --> 01:00:46,000
If I may, sorry.

1158
01:00:46,000 --> 01:00:48,539
And that property to the south, when they submitted their

1159
01:00:48,539 --> 01:00:51,099
letter, correct me if I'm wrong, Julie, but they were in

1160
01:00:51,099 --> 01:00:52,000
support of this.

1161
01:00:52,000 --> 01:00:53,000
Yes.

1162
01:00:53,000 --> 01:00:54,000
Okay.

1163
01:00:54,000 --> 01:00:55,000
The property?

1164
01:00:55,000 --> 01:00:56,000
The one to the south.

1165
01:00:56,000 --> 01:00:57,000
The one that you-

1166
01:00:57,000 --> 01:00:58,000
This property to the south and then this property.

1167
01:00:58,000 --> 01:00:59,000
No.

1168
01:00:59,000 --> 01:01:00,000
Both of them actually were in support.

1169
01:01:00,000 --> 01:01:03,150
Yeah, though I believe, also correct me if I'm wrong, the

1170
01:01:03,150 --> 01:01:06,139
person who wrote to approval for the south is also the one

1171
01:01:06,139 --> 01:01:09,000
who's trying to sell the piece of property to the north?

1172
01:01:09,000 --> 01:01:10,000
That it-

1173
01:01:10,000 --> 01:01:11,000
Is that correct?

1174
01:01:11,000 --> 01:01:12,000
I'm sorry.

1175
01:01:12,000 --> 01:01:13,000
It's the same person?

1176
01:01:13,000 --> 01:01:14,000
Is that-

1177
01:01:14,000 --> 01:01:15,000
So the person-

1178
01:01:15,000 --> 01:01:16,000
Okay, so back up.

1179
01:01:16,000 --> 01:01:21,829
So the property to the south is in approval, is in support

1180
01:01:21,829 --> 01:01:24,000
of this proposal.

1181
01:01:24,000 --> 01:01:28,519
However, I believe that that person who submitted that

1182
01:01:28,519 --> 01:01:33,079
letter is also the same party that is proposing this zoning

1183
01:01:33,079 --> 01:01:34,000
change.

1184
01:01:34,000 --> 01:01:37,869
I believe we- you do have a supportive letter in there from

1185
01:01:37,869 --> 01:01:40,000
the current property owner.

1186
01:01:40,000 --> 01:01:41,000
Right.

1187
01:01:41,000 --> 01:01:45,510
This, my understanding, is these two are different property

1188
01:01:45,510 --> 01:01:46,000
owners.

1189
01:01:46,000 --> 01:01:47,000
Okay.

1190
01:01:47,000 --> 01:01:48,000
Thank you.

1191
01:01:48,000 --> 01:01:49,000
Now what's to the- continue my question.

1192
01:01:49,000 --> 01:01:50,000
Sure.

1193
01:01:50,000 --> 01:01:53,000
Is that the very funeral home there to the east?

1194
01:01:53,000 --> 01:01:54,000
Yes, sir.

1195
01:01:54,000 --> 01:01:55,000
Okay.

1196
01:01:55,000 --> 01:01:56,000
And now what's to the east?

1197
01:01:56,000 --> 01:01:59,000
Those two vacant- no, you're going east across Hector?

1198
01:01:59,000 --> 01:02:00,000
Oh, I'm sorry.

1199
01:02:00,000 --> 01:02:01,000
Is that a vacant-

1200
01:02:01,000 --> 01:02:02,000
There's nothing here.

1201
01:02:02,000 --> 01:02:03,000
Okay.

1202
01:02:03,000 --> 01:02:04,000
Nothing there.

1203
01:02:04,000 --> 01:02:05,000
And this is vacant and this is vacant.

1204
01:02:05,000 --> 01:02:06,739
This is a single family home and this is a single family

1205
01:02:06,739 --> 01:02:07,000
home.

1206
01:02:07,000 --> 01:02:11,000
This one is actually has an NRMU 12 zoning designation.

1207
01:02:11,000 --> 01:02:12,000
Okay.

1208
01:02:12,000 --> 01:02:16,000
And then this one has an NR3 zoning designation.

1209
01:02:16,000 --> 01:02:17,000
Okay.

1210
01:02:17,000 --> 01:02:19,650
Because during your presentation you talked about parking

1211
01:02:19,650 --> 01:02:22,679
being slanted so as not to put lights into it and I don't

1212
01:02:22,679 --> 01:02:24,000
see hoses there.

1213
01:02:24,000 --> 01:02:27,400
Well, just so if it were slanted the other way, it could

1214
01:02:27,400 --> 01:02:29,000
shine into the homes.

1215
01:02:29,000 --> 01:02:30,000
Okay.

1216
01:02:30,000 --> 01:02:31,000
Okay.

1217
01:02:31,000 --> 01:02:32,000
Okay.

1218
01:02:32,000 --> 01:02:35,000
I have a question, a zoning question.

1219
01:02:35,000 --> 01:02:42,000
Because I can see how CMG would fit along University.

1220
01:02:42,000 --> 01:02:46,000
I'm not sure how I see how CMG could fit along Hector.

1221
01:02:46,000 --> 01:02:52,360
So why is, and I understand this is a- NRMU is also- well,

1222
01:02:52,360 --> 01:02:54,000
could you help me understand?

1223
01:02:54,000 --> 01:02:59,300
Why is NRMU and NRMU 12 maybe not considered commercial

1224
01:02:59,300 --> 01:03:01,000
whereas CMG is?

1225
01:03:01,000 --> 01:03:03,000
You know, we discussed that.

1226
01:03:03,000 --> 01:03:06,000
Sure, it does have a commercial component.

1227
01:03:06,000 --> 01:03:11,500
But when you look at what the future land use designation

1228
01:03:11,500 --> 01:03:15,000
is, CMG is a better fit for that future land use

1229
01:03:15,000 --> 01:03:16,000
designation.

1230
01:03:16,000 --> 01:03:19,349
Because actually the commercial future land use designation

1231
01:03:19,349 --> 01:03:22,440
wants to take any residential component out of it and have

1232
01:03:22,440 --> 01:03:24,000
it strictly commercial.

1233
01:03:24,000 --> 01:03:28,159
CMG does actually have a residential component, but it does

1234
01:03:28,159 --> 01:03:32,179
have more, a higher scale of commercial uses and also some

1235
01:03:32,179 --> 01:03:34,000
more auto-oriented uses.

1236
01:03:34,000 --> 01:03:36,360
So it fits within that commercial future land use

1237
01:03:36,360 --> 01:03:38,000
designation a little better.

1238
01:03:38,000 --> 01:03:43,099
NRMU is, it is a commercial zoning district, but the intent

1239
01:03:43,099 --> 01:03:46,909
is to be a little smaller scale than maybe on a primary

1240
01:03:46,909 --> 01:03:48,000
arterial.

1241
01:03:48,000 --> 01:03:50,000
Could you give me some examples?

1242
01:03:50,000 --> 01:03:52,300
Like, are we talking dry cleaners, bank, or- I'm sorry, go

1243
01:03:52,300 --> 01:03:53,000
ahead Commissioner Taylor.

1244
01:03:53,000 --> 01:03:55,539
I wonder if we're straying from clarification and moving

1245
01:03:55,539 --> 01:03:58,030
into discussing the item if we shouldn't continue in the

1246
01:03:58,030 --> 01:03:59,000
public hearing.

1247
01:03:59,000 --> 01:04:01,000
Yeah, that's a good point.

1248
01:04:01,000 --> 01:04:04,000
I'm going to hit you with that so be prepared.

1249
01:04:04,000 --> 01:04:06,000
Okay, I'll be ready.

1250
01:04:06,000 --> 01:04:07,000
One quick question.

1251
01:04:07,000 --> 01:04:08,000
Commissioner Dunham.

1252
01:04:08,000 --> 01:04:10,710
Yeah, just to make it very clear, under the current

1253
01:04:10,710 --> 01:04:14,000
ordinance, zoning, they could put these restaurants in?

1254
01:04:14,000 --> 01:04:15,000
Not with a drive-through.

1255
01:04:15,000 --> 01:04:17,000
Okay, but they could put these restaurants in?

1256
01:04:17,000 --> 01:04:18,000
Yes, sir.

1257
01:04:18,000 --> 01:04:19,000
The only element is a drive-through issue.

1258
01:04:19,000 --> 01:04:20,000
Yes, sir.

1259
01:04:20,000 --> 01:04:21,000
Thank you.

1260
01:04:24,000 --> 01:04:26,000
Anything else?

1261
01:04:26,000 --> 01:04:27,000
Thank you, Julie.

1262
01:04:27,000 --> 01:04:28,000
Thank you.

1263
01:04:28,000 --> 01:04:29,000
Oh, sorry.

1264
01:04:29,000 --> 01:04:30,000
Mr. Vash?

1265
01:04:30,000 --> 01:04:32,000
Thank you, Chair.

1266
01:04:32,000 --> 01:04:36,829
University doesn't have an island, so people heading west,

1267
01:04:36,829 --> 01:04:41,570
I think Commissioner Lozell mentioned, can turn left off of

1268
01:04:41,570 --> 01:04:44,000
University into Popeyes?

1269
01:04:44,000 --> 01:04:46,000
It will only be a ride-in, ride-out.

1270
01:04:46,000 --> 01:04:48,000
There wouldn't be a meeting opening.

1271
01:04:48,000 --> 01:04:50,010
I believe there's a median opening at Ector, so there

1272
01:04:50,010 --> 01:04:52,000
wouldn't be an additional meeting opening yet.

1273
01:04:52,000 --> 01:04:54,489
So you were saying they'd have to turn left on Ector to

1274
01:04:54,489 --> 01:04:56,000
come in and then go back out?

1275
01:04:56,000 --> 01:04:57,000
Yeah.

1276
01:04:57,000 --> 01:04:58,000
Okay, thank you.

1277
01:04:58,000 --> 01:04:59,000
Sure.

1278
01:04:59,000 --> 01:05:01,000
Thank you, Julie.

1279
01:05:01,000 --> 01:05:05,000
And then our final item, we're throwing everything around.

1280
01:05:05,000 --> 01:05:07,000
Is it 5C is next?

1281
01:05:07,000 --> 01:05:09,000
Okay, thank you.

1282
01:05:13,000 --> 01:05:14,000
Thank you, Chair.

1283
01:05:14,000 --> 01:05:16,000
Hopefully this will be very brief.

1284
01:05:21,000 --> 01:05:23,000
Is that the certain order it is in the order here?

1285
01:05:28,000 --> 01:05:28,619
Mike, pardon the interruption, but since we're running a

1286
01:05:28,619 --> 01:05:33,030
bit late for the regular session, I'm curious, did anyone

1287
01:05:33,030 --> 01:05:35,000
need any clarification on this item right now?

1288
01:05:35,000 --> 01:05:37,429
Are you willing to hold your questions until the regular

1289
01:05:37,429 --> 01:05:38,000
session?

1290
01:05:38,000 --> 01:05:40,000
Is that okay?

1291
01:05:40,000 --> 01:05:41,000
Okay.

1292
01:05:41,000 --> 01:05:42,000
Thanks, Mike.

1293
01:05:42,000 --> 01:05:45,289
Okay, I guess with that, we will close our work session at

1294
01:05:45,289 --> 01:05:48,230
635, and we will reconvene in the council chambers in just

1295
01:05:48,230 --> 01:05:50,000
a few minutes for our regular session.

1296
01:05:51,000 --> 01:05:59,280
Good evening, and welcome to tonight's regular session of

1297
01:05:59,280 --> 01:06:06,000
the Planning and Zoning Commission meeting.

1298
01:06:06,000 --> 01:06:08,000
It is January 13, 2016.

1299
01:06:08,000 --> 01:06:10,000
The time is 646.

1300
01:06:10,000 --> 01:06:13,300
Thank you all very much for your patience with us while we

1301
01:06:13,300 --> 01:06:15,000
got up here this evening.

1302
01:06:15,000 --> 01:06:18,139
We had a very long work session, so thank you for your

1303
01:06:18,139 --> 01:06:19,000
patience.

1304
01:06:19,000 --> 01:06:22,050
The first item on our agenda for this evening is the Pledge

1305
01:06:22,050 --> 01:06:25,000
of Allegiance to both the U.S. and the Texas flag.

1306
01:06:25,000 --> 01:06:26,000
Please rise.

1307
01:06:29,000 --> 01:06:32,869
I pledge allegiance to the flag of the United States of

1308
01:06:32,869 --> 01:06:37,320
America, and to the Republic for which it stands, one

1309
01:06:37,320 --> 01:06:42,079
nation, under God, indivisible, with liberty and justice

1310
01:06:42,079 --> 01:06:43,000
for all.

1311
01:06:45,000 --> 01:06:49,139
I pledge allegiance to the Texas flag, I pledge allegiance

1312
01:06:49,139 --> 01:06:53,619
to the Texas, one state, under God, one nation, indivisible

1313
01:06:53,619 --> 01:06:54,000
.

1314
01:06:58,000 --> 01:06:59,000
Thank you.

1315
01:06:59,000 --> 01:07:02,420
A couple procedural items we want to cover is you can see

1316
01:07:02,420 --> 01:07:05,619
those of you who are holding an agenda, there are some

1317
01:07:05,619 --> 01:07:08,239
items that are listed as public hearings, some items that

1318
01:07:08,239 --> 01:07:11,000
are listed in the consent agenda, some that are items for

1319
01:07:11,000 --> 01:07:13,349
individual consideration, and many of those items are

1320
01:07:13,349 --> 01:07:14,000
related.

1321
01:07:14,000 --> 01:07:17,000
So we're going to go a bit out of order this evening.

1322
01:07:20,000 --> 01:07:22,000
Should we go through that now, Manal?

1323
01:07:22,000 --> 01:07:23,000
Yeah?

1324
01:07:23,000 --> 01:07:24,000
Would you like to walk us through that?

1325
01:07:24,000 --> 01:07:25,000
Sure.

1326
01:07:25,000 --> 01:07:26,000
Okay.

1327
01:07:26,000 --> 01:07:27,000
Thank you, Vice Chair Husson.

1328
01:07:27,000 --> 01:07:30,079
As you've mentioned, we are going to take the items that

1329
01:07:30,079 --> 01:07:32,920
are listed on the agenda out of order in order to ensure

1330
01:07:32,920 --> 01:07:36,340
continuity between certain zoning, certain cases or certain

1331
01:07:36,340 --> 01:07:37,000
items.

1332
01:07:37,000 --> 01:07:41,519
Taking that into consideration, in terms of the consent

1333
01:07:41,519 --> 01:07:47,309
agenda items, we have item 3A, which is CV150004, which

1334
01:07:47,309 --> 01:07:50,260
will not be addressed at this time due to its connectivity

1335
01:07:50,260 --> 01:07:52,000
to another item on the agenda.

1336
01:07:52,000 --> 01:07:55,969
However, the P&Z can choose to make a recommendation on

1337
01:07:55,969 --> 01:07:59,000
items B, C, and D of the consent item.

1338
01:07:59,000 --> 01:08:04,489
The individual items for individual consideration, those

1339
01:08:04,489 --> 01:08:07,000
will be moved around too.

1340
01:08:07,000 --> 01:08:10,860
We will first, in terms of if we discuss our scheduling,

1341
01:08:10,860 --> 01:08:14,639
the public hearing items will start first with the first

1342
01:08:14,639 --> 01:08:20,260
item being 5C, which is a zoning change request, which is

1343
01:08:20,260 --> 01:08:25,000
item Z150032.

1344
01:08:25,000 --> 01:08:28,359
The razor ranch related items that are referenced on the

1345
01:08:28,359 --> 01:08:31,989
agenda, which is the conveyance plan, the final replant,

1346
01:08:31,989 --> 01:08:35,000
the amendment to the overlay, and the two individual

1347
01:08:35,000 --> 01:08:38,399
consideration items associated with site plan, will be

1348
01:08:38,399 --> 01:08:40,000
heard last on the agenda.

1349
01:08:40,000 --> 01:08:43,000
They will be heard last at the meeting.

1350
01:08:43,000 --> 01:08:46,800
The second item after public hearing item 5C, the zoning

1351
01:08:46,800 --> 01:08:50,409
change request, will be the zoning change request for a

1352
01:08:50,409 --> 01:08:54,239
Burger King and Popeyes, the property on Ector Street in 3

1353
01:08:54,239 --> 01:08:57,779
80, after which we will go immediately into an individual

1354
01:08:57,779 --> 01:09:05,000
consideration item, which is item 4C for the requested ADP.

1355
01:09:05,000 --> 01:09:08,079
And I'd be happy to assist along the way should there be

1356
01:09:08,079 --> 01:09:09,000
any hiccups.

1357
01:09:09,000 --> 01:09:12,000
Great. It's clear as mud. Thank you very much.

1358
01:09:12,000 --> 01:09:15,750
Okay. So with that, the next item on our agenda is consider

1359
01:09:15,750 --> 01:09:19,210
approval of the planning and zoning commission minutes. Is

1360
01:09:19,210 --> 01:09:23,000
there any discussion about any of this?

1361
01:09:23,000 --> 01:09:25,000
Commissioner Dudowitz?

1362
01:09:25,000 --> 01:09:28,000
Yes, reference to the minutes, please.

1363
01:09:28,000 --> 01:09:32,000
Let's see, the minutes, I have it noted here.

1364
01:09:32,000 --> 01:09:35,000
December 9th.

1365
01:09:35,000 --> 01:09:37,000
Page two.

1366
01:09:37,000 --> 01:09:39,000
Page four.

1367
01:09:39,000 --> 01:09:43,000
Starting with line 10 through 1112.

1368
01:09:43,000 --> 01:09:47,739
I would like to add to that my request to add the townships

1369
01:09:47,739 --> 01:09:51,189
of Louisville and Flower Mound as I requested as part of

1370
01:09:51,189 --> 01:09:52,000
that study.

1371
01:09:52,000 --> 01:09:54,000
It was not mentioned in the minutes.

1372
01:09:54,000 --> 01:09:57,000
Thank you.

1373
01:09:57,000 --> 01:10:00,000
I had a couple of quick edits too, please.

1374
01:10:00,000 --> 01:10:02,000
It's from the November 18th meeting.

1375
01:10:02,000 --> 01:10:05,000
Page three, line 30.

1376
01:10:05,000 --> 01:10:08,430
We were talking about the proposed -- we were talking about

1377
01:10:08,430 --> 01:10:10,000
our upcoming calendar.

1378
01:10:10,000 --> 01:10:13,289
That wording is interesting where it says I seconded the

1379
01:10:13,289 --> 01:10:16,000
proposed December 28th meeting date.

1380
01:10:16,000 --> 01:10:17,000
I had questioned that.

1381
01:10:17,000 --> 01:10:20,000
We were discussing that.

1382
01:10:20,000 --> 01:10:24,000
That's line 30, page three.

1383
01:10:24,000 --> 01:10:27,000
Also a quick typo, line 39.

1384
01:10:27,000 --> 01:10:30,210
You have the word meetings, but it should be meeting

1385
01:10:30,210 --> 01:10:31,000
minutes.

1386
01:10:31,000 --> 01:10:35,170
And then at the bottom, I wasn't sure if it mattered or not

1387
01:10:35,170 --> 01:10:40,000
, but on page 10, line 36, there was where we held the

1388
01:10:40,000 --> 01:10:44,000
public hearing regarding the assembly halls, clubs, and lod

1389
01:10:44,000 --> 01:10:44,000
ges.

1390
01:10:44,000 --> 01:10:46,970
I believe we heard that prior to the mobility plan update,

1391
01:10:46,970 --> 01:10:49,689
and I wasn't sure if it needed to be reflected as such in

1392
01:10:49,689 --> 01:10:53,090
the meeting minutes, but those two items have been changed

1393
01:10:53,090 --> 01:10:54,000
in the order.

1394
01:10:54,000 --> 01:10:59,000
Those are my only edits.

1395
01:10:59,000 --> 01:11:04,000
Anything else?

1396
01:11:04,000 --> 01:11:06,000
Commissioner Taylor?

1397
01:11:06,000 --> 01:11:10,680
With those corrections, I move approval of the minutes from

1398
01:11:10,680 --> 01:11:15,000
the November 18th and December 9th meetings.

1399
01:11:15,000 --> 01:11:16,000
Commissioner Beck?

1400
01:11:16,000 --> 01:11:17,000
Second.

1401
01:11:17,000 --> 01:11:19,000
We have a first and a second.

1402
01:11:19,000 --> 01:11:22,000
Any further discussion?

1403
01:11:22,000 --> 01:11:36,000
Please vote on the board.

1404
01:11:36,000 --> 01:11:38,000
That motion passes.

1405
01:11:38,000 --> 01:11:40,000
Five, zero.

1406
01:11:40,000 --> 01:11:41,000
Thank you.

1407
01:11:41,000 --> 01:11:44,100
And moving on then, we are going to be looking at the

1408
01:11:44,100 --> 01:11:46,000
consent agenda, all but 3A.

1409
01:11:46,000 --> 01:11:47,000
Am I correct in that?

1410
01:11:47,000 --> 01:11:49,000
So we're looking at items 3B, C, and D?

1411
01:11:49,000 --> 01:11:53,000
Correct.

1412
01:11:53,000 --> 01:11:54,000
Commissioner Taylor?

1413
01:11:54,000 --> 01:11:55,000
Thank you, Vice Chair.

1414
01:11:55,000 --> 01:12:01,229
I move we approve consent agenda items B through D and hold

1415
01:12:01,229 --> 01:12:08,000
agenda item 3A until after we talk about agenda item 5A.

1416
01:12:08,000 --> 01:12:09,000
Thank you.

1417
01:12:09,000 --> 01:12:10,000
Commissioner Dudowitz?

1418
01:12:10,000 --> 01:12:11,000
And I second the motion.

1419
01:12:11,000 --> 01:12:12,000
Thank you.

1420
01:12:12,000 --> 01:12:15,000
Any discussion on this?

1421
01:12:15,000 --> 01:12:26,000
Please vote.

1422
01:12:26,000 --> 01:12:29,000
That motion passes unanimously.

1423
01:12:29,000 --> 01:12:30,000
Thank you.

1424
01:12:30,000 --> 01:12:31,619
And now, Munal, you'll have to walk me through the next

1425
01:12:31,619 --> 01:12:32,000
thing.

1426
01:12:32,000 --> 01:12:33,000
What are we doing next?

1427
01:12:33,000 --> 01:12:34,000
Absolutely.

1428
01:12:34,000 --> 01:12:36,000
Now we're going to jump into our public hearings.

1429
01:12:36,000 --> 01:12:40,619
And the first item that we're going to present before you,

1430
01:12:40,619 --> 01:12:45,000
the PNZ Commission and our audience, is item 5C.

1431
01:12:45,000 --> 01:12:51,000
And Mike Bell will present that to us tonight.

1432
01:12:51,000 --> 01:12:53,000
Thank you, Chair, Munal, members of the Commission.

1433
01:12:53,000 --> 01:12:56,000
This item is Z1532.

1434
01:12:56,000 --> 01:12:59,000
It is for the Windsor Oaks Phase 1.

1435
01:12:59,000 --> 01:13:03,000
Hopefully, as you'll see, this is a fairly minor amendment.

1436
01:13:03,000 --> 01:13:05,880
This is a very wordy caption, but essentially they're

1437
01:13:05,880 --> 01:13:09,000
trying to rezone three very small tracks to neighborhood

1438
01:13:09,000 --> 01:13:14,590
residential 4 so that all of Phase 1 is under the same

1439
01:13:14,590 --> 01:13:16,000
zoning.

1440
01:13:16,000 --> 01:13:19,100
Just to weigh it back around, the area highlighted here in

1441
01:13:19,100 --> 01:13:21,640
yellow is generally the area of the Windsor Oaks

1442
01:13:21,640 --> 01:13:24,000
development, 200-plus acres.

1443
01:13:24,000 --> 01:13:30,000
And then Phase 1 is the area outlined here in black.

1444
01:13:30,000 --> 01:13:34,229
And then within Phase 1, which is the dotted area, you can

1445
01:13:34,229 --> 01:13:38,140
see there are these three tracks that don't have the same

1446
01:13:38,140 --> 01:13:39,000
zoning.

1447
01:13:39,000 --> 01:13:41,000
So Track 1 is CMG.

1448
01:13:41,000 --> 01:13:43,000
Track 2 is NRME 12.

1449
01:13:43,000 --> 01:13:46,000
And Track 3 is NR3.

1450
01:13:46,000 --> 01:13:50,390
And the remainder of Phase 1, as you can see in this color

1451
01:13:50,390 --> 01:13:54,000
that's outside of the floodplain, is NR4.

1452
01:13:54,000 --> 01:13:59,000
Again, Track 1, 2, and 3.

1453
01:13:59,000 --> 01:14:03,619
The proposal, as you can see, is to change all these to NR4

1454
01:14:03,619 --> 01:14:04,000
.

1455
01:14:04,000 --> 01:14:06,949
You can see it not very clear on the overhead, but there

1456
01:14:06,949 --> 01:14:10,000
are single-family lots that cross this zoning line.

1457
01:14:10,000 --> 01:14:11,819
The intent is so that we can avoid some split zoning on

1458
01:14:11,819 --> 01:14:14,000
these properties that they'll all be under the same zoning

1459
01:14:14,000 --> 01:14:18,159
and avoid some potential complications for those future

1460
01:14:18,159 --> 01:14:19,000
owners.

1461
01:14:19,000 --> 01:14:22,000
In the end, it looks something like this.

1462
01:14:22,000 --> 01:14:29,000
So all of Phase 1 that's developable will be in NR4.

1463
01:14:29,000 --> 01:14:31,010
The considerations of this request is that it's not a

1464
01:14:31,010 --> 01:14:32,000
significant change.

1465
01:14:32,000 --> 01:14:34,300
It's very minor from the original plan for Windsor Oaks

1466
01:14:34,300 --> 01:14:36,000
that was approved in 2002.

1467
01:14:36,000 --> 01:14:40,140
It would bring all of the single-family lots under NR4 and

1468
01:14:40,140 --> 01:14:44,000
avoid split zoning of several single-family lots.

1469
01:14:44,000 --> 01:14:47,239
We did send notice to property owners who went 200 feet and

1470
01:14:47,239 --> 01:14:49,000
addresses been 500 feet.

1471
01:14:49,000 --> 01:14:55,000
We received one response in favor from the property owner.

1472
01:14:55,000 --> 01:14:57,189
Based on the considerations and the requirements of the

1473
01:14:57,189 --> 01:15:00,199
development code, staff recommends approval, and I'll stand

1474
01:15:00,199 --> 01:15:02,000
for any questions.

1475
01:15:02,000 --> 01:15:06,000
Any questions for staff?

1476
01:15:06,000 --> 01:15:09,000
Thank you, Mike.

1477
01:15:09,000 --> 01:15:11,430
This is a public hearing, so even if you have not filled

1478
01:15:11,430 --> 01:15:17,119
out a card, you are welcome to approach the podium and let

1479
01:15:17,119 --> 01:15:18,000
us know your thoughts.

1480
01:15:18,000 --> 01:15:23,000
Okay.

1481
01:15:23,000 --> 01:15:26,000
So do I close the public hearing at this point?

1482
01:15:26,000 --> 01:15:27,000
Thank you.

1483
01:15:27,000 --> 01:15:28,000
I'm kind of new at this job.

1484
01:15:28,000 --> 01:15:33,680
So we're closing the public hearing and opening it up for

1485
01:15:33,680 --> 01:15:35,000
discussion.

1486
01:15:35,000 --> 01:15:36,000
Or a motion.

1487
01:15:36,000 --> 01:15:38,000
Commissioner Dudowich.

1488
01:15:38,000 --> 01:15:42,000
I recommend approval as presented and submitted.

1489
01:15:42,000 --> 01:15:43,000
Thank you.

1490
01:15:43,000 --> 01:15:44,000
Thank you.

1491
01:15:44,000 --> 01:15:45,000
And Commissioner Beck?

1492
01:15:45,000 --> 01:15:46,000
Second.

1493
01:15:46,000 --> 01:15:48,000
Okay, so we have a first and a second.

1494
01:15:48,000 --> 01:15:51,000
Any further conversation on this item?

1495
01:15:51,000 --> 01:15:52,000
Okay.

1496
01:15:52,000 --> 01:16:01,000
Then please vote.

1497
01:16:01,000 --> 01:16:03,000
That motion passes 5-0.

1498
01:16:03,000 --> 01:16:04,000
Thank you.

1499
01:16:04,000 --> 01:16:06,000
And moving on.

1500
01:16:06,000 --> 01:16:08,000
And now are we looking at item 5D?

1501
01:16:08,000 --> 01:16:09,000
Correct.

1502
01:16:09,000 --> 01:16:10,000
Thank you.

1503
01:16:10,000 --> 01:16:12,880
Item 5D is to hold a public hearing and consider making a

1504
01:16:12,880 --> 01:16:16,000
recommendation to city council regarding rezoning requests

1505
01:16:16,000 --> 01:16:18,270
from neighborhood residential mixed use to community mixed

1506
01:16:18,270 --> 01:16:19,000
use general.

1507
01:16:19,000 --> 01:16:25,909
The subject property is approximately 2.1 acres generally

1508
01:16:25,909 --> 01:16:31,810
located at the southwest corner of West University Drive

1509
01:16:31,810 --> 01:16:34,000
and Ector Street.

1510
01:16:34,000 --> 01:16:38,000
And I'm opening the public hearing now at 655.

1511
01:16:38,000 --> 01:16:45,000
Thank you.

1512
01:16:45,000 --> 01:16:51,000
See if I can find my presentation.

1513
01:16:51,000 --> 01:16:53,960
If I could just make a comment for the record while staff

1514
01:16:53,960 --> 01:16:56,000
is looking for the presentation.

1515
01:16:56,000 --> 01:17:00,000
Who all is here to speak on this item?

1516
01:17:00,000 --> 01:17:03,000
Raise your hand.

1517
01:17:03,000 --> 01:17:05,659
Okay, since we have several speakers, I want to go ahead

1518
01:17:05,659 --> 01:17:08,029
and just mention what the rules are regarding or the

1519
01:17:08,029 --> 01:17:11,010
council rules that were recently passed regarding speaking

1520
01:17:11,010 --> 01:17:14,000
and the time limits.

1521
01:17:14,000 --> 01:17:17,510
Since we have several speakers, we're going to go ahead and

1522
01:17:17,510 --> 01:17:20,000
limit your time to three minutes each.

1523
01:17:20,000 --> 01:17:23,510
Any applicant and their agent on the public hearing item

1524
01:17:23,510 --> 01:17:27,260
will be allowed to speak no longer than 10 minutes with a

1525
01:17:27,260 --> 01:17:30,930
total of 20 minutes for all speakers representing the

1526
01:17:30,930 --> 01:17:32,000
applicant.

1527
01:17:32,000 --> 01:17:35,770
If there is a group of you that equals four or more persons

1528
01:17:35,770 --> 01:17:40,010
, then you can designate a representative and you will have

1529
01:17:40,010 --> 01:17:42,000
10 minutes to speak.

1530
01:17:42,000 --> 01:17:45,000
Is everyone clear on that?

1531
01:17:45,000 --> 01:17:46,000
Thank you.

1532
01:17:46,000 --> 01:17:47,000
Thank you for that.

1533
01:17:47,000 --> 01:17:50,300
And I'd like to make one more clarification too is that we

1534
01:17:50,300 --> 01:17:54,729
're going to be hearing item 5D, which is specific to the

1535
01:17:54,729 --> 01:17:58,000
rezoned requests from NRMU 12 to CMG.

1536
01:17:58,000 --> 01:18:00,909
The alternative development plan, which is listed as an

1537
01:18:00,909 --> 01:18:04,000
item for individual consideration, that's item 4C.

1538
01:18:04,000 --> 01:18:05,000
We will be hearing that item.

1539
01:18:05,000 --> 01:18:08,000
It is related, but we'll be hearing that item separately.

1540
01:18:08,000 --> 01:18:11,000
So I see many of you have filled out cards for item 4C.

1541
01:18:11,000 --> 01:18:13,000
I assume you might also want to speak on this.

1542
01:18:13,000 --> 01:18:15,859
So I'll go through the stack and ask if you'd like to speak

1543
01:18:15,859 --> 01:18:17,000
now and/or later.

1544
01:18:17,000 --> 01:18:19,000
Clear as mud?

1545
01:18:19,000 --> 01:18:20,000
Great.

1546
01:18:20,000 --> 01:18:20,000
Thank you.

1547
01:18:20,000 --> 01:18:24,000
Go ahead, Julie.

1548
01:18:24,000 --> 01:18:25,000
All right.

1549
01:18:25,000 --> 01:18:26,000
My name is Julie Wyatt.

1550
01:18:26,000 --> 01:18:28,899
I'm an associate planner with the City of Denton and I'm

1551
01:18:28,899 --> 01:18:31,000
presenting Z1527 to you.

1552
01:18:31,000 --> 01:18:35,050
And just to reiterate, I'll just be going over the zoning

1553
01:18:35,050 --> 01:18:36,000
case now.

1554
01:18:36,000 --> 01:18:39,100
We'll talk a little bit about the alternative development

1555
01:18:39,100 --> 01:18:41,000
plan and then we'll do that next.

1556
01:18:41,000 --> 01:18:45,000
So a little different than we did in the work session.

1557
01:18:45,000 --> 01:18:46,000
All right.

1558
01:18:46,000 --> 01:18:49,210
So the request is to consider making a recommendation to

1559
01:18:49,210 --> 01:18:53,489
City Council to rezone the subject property, which is 2.1

1560
01:18:53,489 --> 01:18:55,000
acres from NRMU,

1561
01:18:55,000 --> 01:18:59,390
Neighborhood Residential Mixed Use, to Community Mixed Use

1562
01:18:59,390 --> 01:19:01,000
General, which is CMG.

1563
01:19:01,000 --> 01:19:05,000
The subject property is located on the corner of West

1564
01:19:05,000 --> 01:19:08,000
University Drive and Ector Street.

1565
01:19:08,000 --> 01:19:10,000
And the existing zoning is NRMU.

1566
01:19:10,000 --> 01:19:17,000
Here is the subject property right here.

1567
01:19:17,000 --> 01:19:19,000
The request is before you today.

1568
01:19:19,000 --> 01:19:21,630
The applicant would like to develop the property with a

1569
01:19:21,630 --> 01:19:23,000
Popeyes and a Burger King,

1570
01:19:23,000 --> 01:19:27,000
each of which need a drive-through.

1571
01:19:27,000 --> 01:19:31,000
The current zoning of NRMU does permit the restaurant use.

1572
01:19:31,000 --> 01:19:35,520
However, there is a limitation to that use that no drive-up

1573
01:19:35,520 --> 01:19:39,569
service is permitted, that only sit down is -- it's only

1574
01:19:39,569 --> 01:19:41,000
limited to sit down.

1575
01:19:41,000 --> 01:19:44,100
So the applicant is pursuing a rezoning to CMG because

1576
01:19:44,100 --> 01:19:47,770
restaurants are permitted by right as well as drive-through

1577
01:19:47,770 --> 01:19:50,000
uses are permitted by right.

1578
01:19:50,000 --> 01:19:53,779
The future land use designation of the property is

1579
01:19:53,779 --> 01:19:55,000
commercial.

1580
01:19:55,000 --> 01:19:59,520
The consideration staff looked at when we analyzed the

1581
01:19:59,520 --> 01:20:01,000
proposal is first,

1582
01:20:01,000 --> 01:20:03,770
the purpose of the CMG zoning district is to provide

1583
01:20:03,770 --> 01:20:06,939
shopping services, employment, and recreation that is

1584
01:20:06,939 --> 01:20:09,000
supported by the entire community.

1585
01:20:09,000 --> 01:20:11,000
That is the intent of CMG.

1586
01:20:11,000 --> 01:20:17,000
And CMG is typically found on primary arterials.

1587
01:20:17,000 --> 01:20:20,779
Additional considerations, CMG district prevails along the

1588
01:20:20,779 --> 01:20:23,000
West University Drive corridor.

1589
01:20:23,000 --> 01:20:26,359
It is a commercial corridor, and we're going to look at a

1590
01:20:26,359 --> 01:20:29,000
map in a second that demonstrates that.

1591
01:20:29,000 --> 01:20:32,819
Additionally, the proposed CMG is a logical extension of

1592
01:20:32,819 --> 01:20:37,060
the existing CMG to just adjacent to the property as well

1593
01:20:37,060 --> 01:20:39,000
as across the street.

1594
01:20:39,000 --> 01:20:42,949
And that the commercial use is permitted and CMG are

1595
01:20:42,949 --> 01:20:47,329
consistent with the existing development pattern that

1596
01:20:47,329 --> 01:20:51,000
exists on West University Drive as a commercial corridor.

1597
01:20:51,000 --> 01:20:53,000
So let's look at a couple of maps.

1598
01:20:53,000 --> 01:20:57,000
First, here's the West University corridor.

1599
01:20:57,000 --> 01:21:00,729
You have I-35 as a boundary here and then about Locust here

1600
01:21:00,729 --> 01:21:01,000
.

1601
01:21:01,000 --> 01:21:04,770
And as you can see, much of this area has a zoning

1602
01:21:04,770 --> 01:21:09,000
designation of CMG, save for a couple of parcels.

1603
01:21:09,000 --> 01:21:15,000
But the predominant zoning on West University Drive is CMG.

1604
01:21:15,000 --> 01:21:18,079
When you zoom into the subject property, you can see that

1605
01:21:18,079 --> 01:21:21,090
the property adjacent to it does have a CMG zoning

1606
01:21:21,090 --> 01:21:24,750
designation as well as across the street and then on down

1607
01:21:24,750 --> 01:21:27,000
the street as well.

1608
01:21:27,000 --> 01:21:29,880
And then when we look at the development pattern on West

1609
01:21:29,880 --> 01:21:35,210
University Drive, over the years it has developed into a

1610
01:21:35,210 --> 01:21:39,000
commercial corridor that has primarily auto oriented uses.

1611
01:21:39,000 --> 01:21:42,869
You do have drive throughs, fast food, you have some banks,

1612
01:21:42,869 --> 01:21:46,000
some employment areas, and then also retail.

1613
01:21:46,000 --> 01:21:51,000
And this serves the entire community.

1614
01:21:51,000 --> 01:21:54,729
The subject property's location on this primary major arter

1615
01:21:54,729 --> 01:21:58,079
ial and adjacent to a neighborhood is a land use pattern

1616
01:21:58,079 --> 01:22:01,000
that is repeated along West University Drive.

1617
01:22:01,000 --> 01:22:03,000
And we'll look at that in just a minute.

1618
01:22:03,000 --> 01:22:06,949
Additionally, NRMU and CMG have similar dimensional

1619
01:22:06,949 --> 01:22:11,779
requirements so that even though the uses are different in

1620
01:22:11,779 --> 01:22:15,000
CMG and have additional commercial uses,

1621
01:22:15,000 --> 01:22:19,829
the way the property will develop will mimic in some ways

1622
01:22:19,829 --> 01:22:24,359
the way that the current zoning does because the maximum

1623
01:22:24,359 --> 01:22:29,000
lot coverage is the same for both CMG and NRMU.

1624
01:22:29,000 --> 01:22:32,539
The maximum building height for both zoning districts is 65

1625
01:22:32,539 --> 01:22:36,000
feet and the minimum lot area is 2500 square feet.

1626
01:22:36,000 --> 01:22:42,590
So the dimensions of that development would be very similar

1627
01:22:42,590 --> 01:22:43,000
.

1628
01:22:43,000 --> 01:22:48,100
So when we look at the adjacency of neighborhoods to the

1629
01:22:48,100 --> 01:22:53,470
commercial development on West University Drive, we first

1630
01:22:53,470 --> 01:22:56,000
looked at what the corridor looked like.

1631
01:22:56,000 --> 01:22:59,000
As I said, it's a primary major arterial.

1632
01:22:59,000 --> 01:23:02,210
The definition of a primary major arterial per the DDC is a

1633
01:23:02,210 --> 01:23:05,149
route that takes people in and out of the city as well as

1634
01:23:05,149 --> 01:23:07,000
takes them across the city.

1635
01:23:07,000 --> 01:23:09,000
So it's a major road within the city.

1636
01:23:09,000 --> 01:23:12,079
In fact, the only higher road classification we have in the

1637
01:23:12,079 --> 01:23:15,460
city is a freeway, so something like I-35 or parts of the

1638
01:23:15,460 --> 01:23:16,000
loop.

1639
01:23:16,000 --> 01:23:18,000
So it is a major road within the city.

1640
01:23:18,000 --> 01:23:24,119
Additionally, Ector Street is a collector per our mobility

1641
01:23:24,119 --> 01:23:25,000
plan.

1642
01:23:25,000 --> 01:23:27,699
So then when you look at the development that's just beyond

1643
01:23:27,699 --> 01:23:30,970
the commercial corridor, you see North University Place is

1644
01:23:30,970 --> 01:23:34,130
also adjacent, so that's a residential adjacent to the

1645
01:23:34,130 --> 01:23:35,000
commercial.

1646
01:23:35,000 --> 01:23:39,520
North Lake Park addition, Westchester Park, and Carroll

1647
01:23:39,520 --> 01:23:40,000
Park.

1648
01:23:40,000 --> 01:23:44,609
So these are just some examples of how this land use

1649
01:23:44,609 --> 01:23:49,000
pattern has been replicated down University.

1650
01:23:49,000 --> 01:23:52,569
Our final consideration for the zoning case was the Denton

1651
01:23:52,569 --> 01:23:54,000
Plan 2030.

1652
01:23:54,000 --> 01:23:58,000
The future land use designation is commercial.

1653
01:23:58,000 --> 01:24:01,880
The intent of the commercial land use designation is to

1654
01:24:01,880 --> 01:24:05,869
have concentrations of commercial uses, often auto-oriented

1655
01:24:05,869 --> 01:24:09,289
, maybe a little less mixed use than some of our other areas

1656
01:24:09,289 --> 01:24:12,000
, or standalone commercial uses in outlying areas.

1657
01:24:12,000 --> 01:24:17,029
In this instance, it would be commercial uses in more of an

1658
01:24:17,029 --> 01:24:19,000
auto-oriented way.

1659
01:24:19,000 --> 01:24:22,310
The character of the area should be maintained per the Dent

1660
01:24:22,310 --> 01:24:23,000
on Plan.

1661
01:24:23,000 --> 01:24:27,510
Staff believes that the character of University is

1662
01:24:27,510 --> 01:24:31,000
consistent with the CMG zoning designation.

1663
01:24:31,000 --> 01:24:33,649
However, we're going to talk about the character of the

1664
01:24:33,649 --> 01:24:36,640
adjacent neighborhoods in the next case, because we do want

1665
01:24:36,640 --> 01:24:38,000
to consider that as well.

1666
01:24:38,000 --> 01:24:41,100
And that the existing NRMU designation isn't quite

1667
01:24:41,100 --> 01:24:44,229
consistent with the future land use designation of

1668
01:24:44,229 --> 01:24:47,000
commercial, because it is a little more fine grain.

1669
01:24:47,000 --> 01:24:50,500
It's supposed to be a little more walkable, a little closer

1670
01:24:50,500 --> 01:24:54,000
, a little more embedded with the neighborhoods to provide

1671
01:24:54,000 --> 01:24:57,000
services for just the adjacent neighborhoods.

1672
01:24:57,000 --> 01:25:00,760
NRMU isn't maybe necessarily the most appropriate zoning

1673
01:25:00,760 --> 01:25:02,000
district here.

1674
01:25:02,000 --> 01:25:06,699
NRMU is supposed to have, or is intended to have, daycares,

1675
01:25:06,699 --> 01:25:11,909
dry cleaners, some of those types of uses that you would

1676
01:25:11,909 --> 01:25:15,000
just want to run to in your neighborhood.

1677
01:25:15,000 --> 01:25:18,000
Not serving necessarily the whole community.

1678
01:25:18,000 --> 01:25:22,510
Then when we look at the future land use designation of all

1679
01:25:22,510 --> 01:25:27,720
of this corridor, or the area, here is, kind of hard to see

1680
01:25:27,720 --> 01:25:30,000
, here's 35 here, here is University.

1681
01:25:30,000 --> 01:25:32,770
And then about Locust here, and here's our subject property

1682
01:25:32,770 --> 01:25:33,000
.

1683
01:25:33,000 --> 01:25:37,609
You can see that how the future land use designations in

1684
01:25:37,609 --> 01:25:42,680
this area work is concentrating the commercial development

1685
01:25:42,680 --> 01:25:44,000
in this area.

1686
01:25:44,000 --> 01:25:50,880
And it is in an auto-oriented way because of the street it

1687
01:25:50,880 --> 01:25:52,000
's on.

1688
01:25:52,000 --> 01:25:54,880
The criteria for approval for zoning cases is in subchapter

1689
01:25:54,880 --> 01:25:57,000
three of the Denton Development Code.

1690
01:25:57,000 --> 01:25:59,630
The first criteria for approval being conformance with the

1691
01:25:59,630 --> 01:26:01,000
Denton Plan 2030.

1692
01:26:01,000 --> 01:26:07,000
CMG is consistent with the commercial zoning designation.

1693
01:26:07,000 --> 01:26:11,510
Furthermore, the existing land use pattern of the

1694
01:26:11,510 --> 01:26:16,779
development on West University, as well as the zoning along

1695
01:26:16,779 --> 01:26:20,000
West University being CMG.

1696
01:26:20,000 --> 01:26:23,000
The proposed zoning is consistent with that.

1697
01:26:23,000 --> 01:26:26,340
The second criteria for approval is that it facilitates

1698
01:26:26,340 --> 01:26:29,260
adequate provision of transportation and other

1699
01:26:29,260 --> 01:26:32,000
infrastructure and public convenience.

1700
01:26:32,000 --> 01:26:35,000
Due to the location on West University Drive.

1701
01:26:35,000 --> 01:26:38,239
The CMG zoning district is appropriate because it does

1702
01:26:38,239 --> 01:26:40,000
provide adequate access.

1703
01:26:40,000 --> 01:26:44,609
Additional infrastructure considerations would be taken

1704
01:26:44,609 --> 01:26:48,000
into account during the planning process.

1705
01:26:48,000 --> 01:26:51,130
In order to address some of the neighborhood concerns, we

1706
01:26:51,130 --> 01:26:54,420
will be discussing alternative development plan that ties

1707
01:26:54,420 --> 01:26:57,000
the site plan to the proposed development.

1708
01:26:57,000 --> 01:27:02,000
We'll go over that next.

1709
01:27:02,000 --> 01:27:05,449
But the public notification was required for the zoning

1710
01:27:05,449 --> 01:27:06,000
case.

1711
01:27:06,000 --> 01:27:09,000
So a public notification was sent out.

1712
01:27:09,000 --> 01:27:14,000
We have received some public response.

1713
01:27:14,000 --> 01:27:16,590
This map is only looking at those responses that are within

1714
01:27:16,590 --> 01:27:18,000
the 200 foot buffer.

1715
01:27:18,000 --> 01:27:22,520
The Texas Local Government Code requires that if more than

1716
01:27:22,520 --> 01:27:26,430
20% of the property owners within a 200 foot buffer from

1717
01:27:26,430 --> 01:27:29,000
the subject property have an opposition to the project,

1718
01:27:29,000 --> 01:27:33,000
then a super majority vote is required by city council.

1719
01:27:33,000 --> 01:27:37,850
Due to the opposition that staff has received, that 20%

1720
01:27:37,850 --> 01:27:40,000
threshold has been exceeded.

1721
01:27:40,000 --> 01:27:43,000
So a super majority would be required by city council.

1722
01:27:43,000 --> 01:27:48,909
We did also receive some notices in favor, one being the

1723
01:27:48,909 --> 01:27:52,810
property owner and then the two properties to the south as

1724
01:27:52,810 --> 01:27:55,000
well as one across the street.

1725
01:27:55,000 --> 01:27:58,439
So based upon the considerations presented as well as the

1726
01:27:58,439 --> 01:28:01,649
criteria for approval in subchapter three of the DENT

1727
01:28:01,649 --> 01:28:04,760
development code, staff recommends approval of the zoning

1728
01:28:04,760 --> 01:28:06,000
case and I'll stand for any questions.

1729
01:28:06,000 --> 01:28:09,000
Questions for staff?

1730
01:28:09,000 --> 01:28:13,000
I have a question, Julie.

1731
01:28:13,000 --> 01:28:14,000
Sure.

1732
01:28:14,000 --> 01:28:17,729
Can you again walk me through what would be some permitted

1733
01:28:17,729 --> 01:28:21,000
uses in NRMU that are considered commercial?

1734
01:28:21,000 --> 01:28:25,250
Well, for instance, restaurants are permitted, but they do

1735
01:28:25,250 --> 01:28:29,029
have a limitation to size and also that drive up retail

1736
01:28:29,029 --> 01:28:32,000
sales and service that are permitted.

1737
01:28:32,000 --> 01:28:35,859
I'd have to get my code to run down the entire list, but it

1738
01:28:35,859 --> 01:28:39,000
does have substantial commercial uses.

1739
01:28:39,000 --> 01:28:43,000
However, they tend to be limited in their size.

1740
01:28:43,000 --> 01:28:47,609
So that sort of then lends itself to a more neighborhood

1741
01:28:47,609 --> 01:28:50,000
scale type development.

1742
01:28:50,000 --> 01:28:55,220
But there are commercial uses that are currently allowed in

1743
01:28:55,220 --> 01:28:56,000
NRMU.

1744
01:28:56,000 --> 01:28:57,000
Yes.

1745
01:28:57,000 --> 01:28:59,000
Okay. Thank you.

1746
01:28:59,000 --> 01:29:00,000
Commissioner Roselle.

1747
01:29:00,000 --> 01:29:01,000
Thank you, Vice Chair.

1748
01:29:01,000 --> 01:29:06,029
Can you go back to the slide that showed the kind of...

1749
01:29:06,029 --> 01:29:07,000
that slide exactly.

1750
01:29:07,000 --> 01:29:08,000
Yeah, correct.

1751
01:29:08,000 --> 01:29:09,000
Good guess.

1752
01:29:09,000 --> 01:29:10,000
I guessed.

1753
01:29:10,000 --> 01:29:13,210
Just east of the proposed area, it kind of thins out there

1754
01:29:13,210 --> 01:29:15,000
and then it widens back out.

1755
01:29:15,000 --> 01:29:18,500
Is that current use because there's a school and floodplain

1756
01:29:18,500 --> 01:29:21,000
there, but it's listed as commercial.

1757
01:29:21,000 --> 01:29:24,100
You know, the future land use designation isn't exact

1758
01:29:24,100 --> 01:29:25,000
parcel base.

1759
01:29:25,000 --> 01:29:28,550
They really wanted to have it where, you know, kind of a

1760
01:29:28,550 --> 01:29:30,000
little more fluid.

1761
01:29:30,000 --> 01:29:33,680
So yes, I believe there is a school there and there's a

1762
01:29:33,680 --> 01:29:37,319
substantial flood area there, but it's not intended to be

1763
01:29:37,319 --> 01:29:40,500
absolutely what the parcel is, but just kind of the general

1764
01:29:40,500 --> 01:29:41,000
area.

1765
01:29:41,000 --> 01:29:42,000
Okay. Thank you.

1766
01:29:42,000 --> 01:29:43,000
Sure.

1767
01:29:43,000 --> 01:29:45,000
Commissioner Dudowitz.

1768
01:29:45,000 --> 01:29:48,000
Just a follow up on your comment.

1769
01:29:48,000 --> 01:29:51,680
The current size of the proposed buildings, would that be

1770
01:29:51,680 --> 01:29:53,000
the current code?

1771
01:29:53,000 --> 01:29:54,000
Yes, sir.

1772
01:29:54,000 --> 01:29:56,000
And the only difference is the drive.

1773
01:29:56,000 --> 01:29:57,000
Yes, sir.

1774
01:29:57,000 --> 01:30:00,119
So the developer could build Popeyes and Burger King

1775
01:30:00,119 --> 01:30:03,000
without the drive to meet the required code?

1776
01:30:03,000 --> 01:30:05,000
Yes, sir.

1777
01:30:05,000 --> 01:30:07,000
Commissioner Taylor.

1778
01:30:07,000 --> 01:30:09,000
Thank you, Vice Chair.

1779
01:30:09,000 --> 01:30:11,569
A few questions, I'm going to start with zoning questions

1780
01:30:11,569 --> 01:30:14,010
and then I'm going to overlap into some ADP questions

1781
01:30:14,010 --> 01:30:16,000
because I do feel like we're...

1782
01:30:16,000 --> 01:30:17,000
Sure.

1783
01:30:17,000 --> 01:30:19,000
These are very intertwined.

1784
01:30:19,000 --> 01:30:21,579
So NRMU does allow restaurants and there is a limit and it

1785
01:30:21,579 --> 01:30:23,000
's a 100 seat limit.

1786
01:30:23,000 --> 01:30:26,000
So it's a fairly large restaurant.

1787
01:30:26,000 --> 01:30:28,000
Is that 100 seats?

1788
01:30:28,000 --> 01:30:29,000
100 seats, yeah.

1789
01:30:29,000 --> 01:30:31,000
Probably bigger than both of these restaurants.

1790
01:30:31,000 --> 01:30:35,000
I believe their seats are much less than 100 seats.

1791
01:30:35,000 --> 01:30:36,000
Yes, sir.

1792
01:30:36,000 --> 01:30:39,340
And NRMU does allow drive through facilities with a

1793
01:30:39,340 --> 01:30:41,000
specific use permit?

1794
01:30:41,000 --> 01:30:44,000
It does, just not for restaurants.

1795
01:30:44,000 --> 01:30:47,960
So if a bank had a drive through, then they would have to

1796
01:30:47,960 --> 01:30:49,000
get an SUP.

1797
01:30:49,000 --> 01:30:53,100
But because the restaurant has the limitation that that

1798
01:30:53,100 --> 01:30:59,000
supersedes the drive through use and the use table, so yes,

1799
01:30:59,000 --> 01:31:01,000
drive throughs are permitted, not with...

1800
01:31:01,000 --> 01:31:03,000
Or permitted with an SUP, not with restaurants.

1801
01:31:03,000 --> 01:31:04,000
Okay.

1802
01:31:04,000 --> 01:31:06,000
So you mean like a pharmacy, bank, things like that?

1803
01:31:06,000 --> 01:31:07,000
Dry cleaners, yes.

1804
01:31:07,000 --> 01:31:08,000
Okay.

1805
01:31:08,000 --> 01:31:10,000
And can you go...

1806
01:31:10,000 --> 01:31:12,000
You had a map of the neighborhoods?

1807
01:31:12,000 --> 01:31:13,000
Yes.

1808
01:31:13,000 --> 01:31:18,170
And so in this view, you're demonstrating the CMG basically

1809
01:31:18,170 --> 01:31:20,000
down university?

1810
01:31:20,000 --> 01:31:22,000
Yes, sir.

1811
01:31:22,000 --> 01:31:26,520
Looking at these very close districts that are potentially

1812
01:31:26,520 --> 01:31:30,850
very conflicting, you have low density residential and CMG

1813
01:31:30,850 --> 01:31:33,000
allows mid-rise offices,

1814
01:31:33,000 --> 01:31:37,520
like lots of retail uses, large shopping centers, big box

1815
01:31:37,520 --> 01:31:40,000
stores, a lot of times we'll use CMG to put in.

1816
01:31:40,000 --> 01:31:43,210
That's where the Kroger and the strip center are on the Kro

1817
01:31:43,210 --> 01:31:46,000
ger, on the south side of town, for example.

1818
01:31:46,000 --> 01:31:49,359
But I notice, and we normally would buffer, we would have

1819
01:31:49,359 --> 01:31:53,000
like an NRMU or something between a CMG and a neighborhood.

1820
01:31:53,000 --> 01:31:57,189
But there are no buffers really along here except for just

1821
01:31:57,189 --> 01:32:00,000
a few spots of NRMU and NRMU 12.

1822
01:32:00,000 --> 01:32:05,029
Something I think is really significant though is I don't

1823
01:32:05,029 --> 01:32:10,029
think of any place where the CMG directly fronts the front

1824
01:32:10,029 --> 01:32:11,000
of a house.

1825
01:32:11,000 --> 01:32:15,420
Like over in Carroll Park, I believe it's called, there is

1826
01:32:15,420 --> 01:32:19,000
a strip center facing sunset, very long strip center.

1827
01:32:19,000 --> 01:32:22,409
And it has an alley and a back fence and that hits the back

1828
01:32:22,409 --> 01:32:24,000
fence of a neighborhood.

1829
01:32:24,000 --> 01:32:26,239
So you can't even really get from that strip center to that

1830
01:32:26,239 --> 01:32:27,000
neighborhood.

1831
01:32:27,000 --> 01:32:31,310
It's a lot of work to get through and you have to cut over

1832
01:32:31,310 --> 01:32:34,000
down Alice and get back around.

1833
01:32:34,000 --> 01:32:39,000
Same thing in Westchester Park, you have, is it Primrose?

1834
01:32:39,000 --> 01:32:41,319
I believe this is the name of the street that comes out on

1835
01:32:41,319 --> 01:32:44,000
University, but it's a block long.

1836
01:32:44,000 --> 01:32:45,000
It's really kind of funny.

1837
01:32:45,000 --> 01:32:49,609
There's no commercial drive really putting traffic on Prim

1838
01:32:49,609 --> 01:32:51,000
rose.

1839
01:32:51,000 --> 01:32:54,449
And there's no commercial across from residential on Prim

1840
01:32:54,449 --> 01:32:55,000
rose.

1841
01:32:55,000 --> 01:33:00,029
And then when you get to Emory, while that is zoned CMG,

1842
01:33:00,029 --> 01:33:03,000
there are no primary driveways coming out on Emory.

1843
01:33:03,000 --> 01:33:05,000
And there are no houses that face Emory.

1844
01:33:05,000 --> 01:33:09,000
All the houses there face Thomas, Bellmead, et cetera.

1845
01:33:09,000 --> 01:33:11,000
Is that accurate?

1846
01:33:11,000 --> 01:33:13,350
I believe there are a couple of streets because I did look

1847
01:33:13,350 --> 01:33:16,789
at that as well because that was something that I looked at

1848
01:33:16,789 --> 01:33:19,000
, that access.

1849
01:33:19,000 --> 01:33:22,520
I believe to the north side there is one neighborhood that

1850
01:33:22,520 --> 01:33:24,000
the houses do front.

1851
01:33:24,000 --> 01:33:28,630
Don't quote me on that, but I believe because I did look at

1852
01:33:28,630 --> 01:33:31,000
that as a consideration.

1853
01:33:31,000 --> 01:33:35,619
And again, on the north side there might be one, well there

1854
01:33:35,619 --> 01:33:38,000
is actually I guess off Hinkle perhaps.

1855
01:33:38,000 --> 01:33:40,000
There's houses along Hinkle.

1856
01:33:40,000 --> 01:33:44,000
But again, in the, your neighborhood, the name escapes me,

1857
01:33:44,000 --> 01:33:46,000
back fences face back fences.

1858
01:33:46,000 --> 01:33:49,359
You have behind your back fence you have a very low traffic

1859
01:33:49,359 --> 01:33:50,000
alley.

1860
01:33:50,000 --> 01:33:54,000
It probably gets less traffic than a residential street.

1861
01:33:54,000 --> 01:33:57,000
So those form natural buffers.

1862
01:33:57,000 --> 01:33:58,000
Right.

1863
01:33:58,000 --> 01:33:59,000
Okay.

1864
01:33:59,000 --> 01:34:01,000
Now I guess moving on to the ADP.

1865
01:34:01,000 --> 01:34:05,000
So this is kind of presented intertwined with an ADP.

1866
01:34:05,000 --> 01:34:08,100
And the purpose of the ADP is to place limitations to

1867
01:34:08,100 --> 01:34:11,000
protect kind of the neighborhood from nuisance,

1868
01:34:11,000 --> 01:34:18,000
from any kind of pain from commercial development.

1869
01:34:18,000 --> 01:34:24,000
However, an ADP is, does an ADP run with the land?

1870
01:34:24,000 --> 01:34:29,000
It would be specific to this development.

1871
01:34:29,000 --> 01:34:33,380
So another development would not have to follow the ADP

1872
01:34:33,380 --> 01:34:34,000
rules.

1873
01:34:34,000 --> 01:34:37,399
So if we had an ADP here, so normally an ADP for the

1874
01:34:37,399 --> 01:34:40,000
audience and people watching at home,

1875
01:34:40,000 --> 01:34:43,989
an ADP will be used because this zoning category requires

1876
01:34:43,989 --> 01:34:46,000
60% landscape.

1877
01:34:46,000 --> 01:34:50,149
And they need 57% landscape and they'll modify their

1878
01:34:50,149 --> 01:34:53,000
parking lot to be more amenable for some other use.

1879
01:34:53,000 --> 01:34:54,000
So it's kind of a trade.

1880
01:34:54,000 --> 01:35:00,300
In order to get your extra 3% of paved area, you give

1881
01:35:00,300 --> 01:35:01,000
something else.

1882
01:35:01,000 --> 01:35:05,789
But in this case, the ADP isn't, the development isn't

1883
01:35:05,789 --> 01:35:08,000
losing anything to gain.

1884
01:35:08,000 --> 01:35:12,000
It's just, we're trying to put some requirements on them.

1885
01:35:12,000 --> 01:35:16,149
But if we passed, if we found an ADP that was amenable and

1886
01:35:16,149 --> 01:35:19,000
we passed the rezone and the ADP,

1887
01:35:19,000 --> 01:35:22,529
tomorrow the developer could scrap this site plan, sell the

1888
01:35:22,529 --> 01:35:23,000
land,

1889
01:35:23,000 --> 01:35:26,989
a new developer could come in and build any allowable use

1890
01:35:26,989 --> 01:35:28,000
by zoning.

1891
01:35:28,000 --> 01:35:32,770
And so that could be CMG, an office, strip center, you know

1892
01:35:32,770 --> 01:35:33,000
, any kind of,

1893
01:35:33,000 --> 01:35:40,029
a lot of fairly intensive office uses or medium to intense

1894
01:35:40,029 --> 01:35:42,000
retail uses.

1895
01:35:42,000 --> 01:35:46,000
I think that's all my questions.

1896
01:35:46,000 --> 01:35:47,000
Thank you.

1897
01:35:47,000 --> 01:35:51,000
Other questions for staff?

1898
01:35:51,000 --> 01:35:52,000
Okay.

1899
01:35:52,000 --> 01:35:53,000
Thank you, Julie.

1900
01:35:53,000 --> 01:35:54,000
All right.

1901
01:35:54,000 --> 01:35:58,619
The applicant is here if you have questions for the

1902
01:35:58,619 --> 01:36:00,000
applicant.

1903
01:36:00,000 --> 01:36:03,000
Would the applicant like to speak on this item?

1904
01:36:03,000 --> 01:36:07,710
Please come forward, sir, and state your name and address

1905
01:36:07,710 --> 01:36:14,000
for the record, please.

1906
01:36:14,000 --> 01:36:16,000
Hi, good evening, everybody.

1907
01:36:16,000 --> 01:36:19,100
My name is Armando Palacios and I'm director of development

1908
01:36:19,100 --> 01:36:21,000
for Sun Holdings.

1909
01:36:21,000 --> 01:36:26,029
And we're the ones that kind of get these two restaurants

1910
01:36:26,029 --> 01:36:27,000
in here.

1911
01:36:27,000 --> 01:36:31,000
What I wanted to say here that we understand everything

1912
01:36:31,000 --> 01:36:32,000
what's going on around

1913
01:36:32,000 --> 01:36:35,399
the restaurants with the drive-through and our intention to

1914
01:36:35,399 --> 01:36:39,000
get an approval for an ADP.

1915
01:36:39,000 --> 01:36:42,000
And I want to say also because we understand all these,

1916
01:36:42,000 --> 01:36:46,520
we have been doing these meetings with the neighborhood and

1917
01:36:46,520 --> 01:36:48,000
trying to understand

1918
01:36:48,000 --> 01:36:54,399
their concerns and what to do to do a better building and a

1919
01:36:54,399 --> 01:36:55,000
better,

1920
01:36:55,000 --> 01:36:58,550
to have a better view for the city as well and not to

1921
01:36:58,550 --> 01:37:00,000
bother anybody.

1922
01:37:00,000 --> 01:37:02,420
So what we're trying to do and we are already doing

1923
01:37:02,420 --> 01:37:05,000
according to this project is

1924
01:37:05,000 --> 01:37:10,640
going above and beyond the landscape requirements, like any

1925
01:37:10,640 --> 01:37:12,000
screening requirement.

1926
01:37:12,000 --> 01:37:15,079
And in masonry requirements, we're going above and beyond

1927
01:37:15,079 --> 01:37:19,000
those requirements as well.

1928
01:37:19,000 --> 01:37:23,000
We also went ahead and did a traffic study for it.

1929
01:37:23,000 --> 01:37:28,000
That way we also are into the requirements for that.

1930
01:37:28,000 --> 01:37:31,000
And actually we have all these technicians in here today.

1931
01:37:31,000 --> 01:37:35,609
So I'm going to hope we can, they can have some minutes to

1932
01:37:35,609 --> 01:37:37,000
talk about it.

1933
01:37:37,000 --> 01:37:42,460
And I want to say also we want to go to an ADP because

1934
01:37:42,460 --> 01:37:44,000
normally our sales go in a good

1935
01:37:44,000 --> 01:37:48,000
percentage on the drive-through as well.

1936
01:37:48,000 --> 01:37:51,319
Our stores are 60 seaters because I heard the question

1937
01:37:51,319 --> 01:37:52,000
before.

1938
01:37:52,000 --> 01:37:55,000
Our stores are 60 seaters, each one of them.

1939
01:37:55,000 --> 01:37:58,810
And we're just trying to, the main thing here is we're just

1940
01:37:58,810 --> 01:38:00,000
trying to work with

1941
01:38:00,000 --> 01:38:04,000
the neighborhood and have the best building possible and

1942
01:38:04,000 --> 01:38:05,000
anything that can bother

1943
01:38:05,000 --> 01:38:09,819
to address before, if everything goes fine, before going

1944
01:38:09,819 --> 01:38:12,000
forward with the construction.

1945
01:38:12,000 --> 01:38:14,000
So that is our point.

1946
01:38:14,000 --> 01:38:15,000
That is what we want to do.

1947
01:38:15,000 --> 01:38:17,770
We want to work with the neighborhood and have the best

1948
01:38:17,770 --> 01:38:19,000
solution possible.

1949
01:38:19,000 --> 01:38:21,489
So if any other questions, I would like to have the civil

1950
01:38:21,489 --> 01:38:24,000
engineer to go ahead and

1951
01:38:24,000 --> 01:38:26,000
explain some other things on it.

1952
01:38:26,000 --> 01:38:28,000
And thank you for your time.

1953
01:38:28,000 --> 01:38:29,000
Thank you, sir.

1954
01:38:29,000 --> 01:38:31,000
Thank you.

1955
01:38:31,000 --> 01:38:32,000
Can I ask a question?

1956
01:38:32,000 --> 01:38:33,000
Oh, please.

1957
01:38:33,000 --> 01:38:35,000
Sir, can you please return?

1958
01:38:35,000 --> 01:38:36,000
I'm sorry.

1959
01:38:36,000 --> 01:38:37,000
Commissioner Beck.

1960
01:38:37,000 --> 01:38:39,000
Thank you, Vice Chair.

1961
01:38:39,000 --> 01:38:43,430
Did I hear you correctly saying you would be in support of

1962
01:38:43,430 --> 01:38:46,000
a traffic study for this area?

1963
01:38:46,000 --> 01:38:49,000
Yes, we did a traffic study for it.

1964
01:38:49,000 --> 01:38:51,000
For Ector Street?

1965
01:38:51,000 --> 01:38:54,000
Yeah, for the whole side of it.

1966
01:38:54,000 --> 01:38:57,449
And we got the technician here, the traffic study gentleman

1967
01:38:57,449 --> 01:38:58,000
here.

1968
01:38:58,000 --> 01:39:00,000
Okay, and he's going to give us those results?

1969
01:39:00,000 --> 01:39:01,000
Okay, great.

1970
01:39:01,000 --> 01:39:04,000
Thank you.

1971
01:39:04,000 --> 01:39:05,000
Good evening.

1972
01:39:05,000 --> 01:39:06,000
My name is Mickey Thomas.

1973
01:39:06,000 --> 01:39:07,000
I'm with MJ Thomas Engineering.

1974
01:39:07,000 --> 01:39:10,000
We're the civil engineer on the project.

1975
01:39:10,000 --> 01:39:15,100
If you don't mind, I'd like to see if I can get back to the

1976
01:39:15,100 --> 01:39:17,000
-- how do you get that to

1977
01:39:17,000 --> 01:39:19,000
go back, Julie?

1978
01:39:19,000 --> 01:39:23,000
There we go.

1979
01:39:23,000 --> 01:39:24,000
Okay.

1980
01:39:24,000 --> 01:39:26,829
I did want to let you know that we have worked diligently

1981
01:39:26,829 --> 01:39:28,000
with staff on this.

1982
01:39:28,000 --> 01:39:31,369
We've heard the city's comments and questions on this, and

1983
01:39:31,369 --> 01:39:33,000
we've tried to appease the city

1984
01:39:33,000 --> 01:39:38,000
as best we could on all of the site development issues.

1985
01:39:38,000 --> 01:39:42,000
The city has also requested that we meet with the citizens,

1986
01:39:42,000 --> 01:39:45,000
residents, adjacent to the property.

1987
01:39:45,000 --> 01:39:48,649
We had a meeting with them in December, I believe, was the

1988
01:39:48,649 --> 01:39:50,000
initial meeting.

1989
01:39:50,000 --> 01:39:54,000
They came forth with some comments and concerns.

1990
01:39:54,000 --> 01:39:56,699
We went back to the drawing board and offered up some

1991
01:39:56,699 --> 01:39:58,000
possible solutions.

1992
01:39:58,000 --> 01:40:00,439
There was a heavy rain that night, and there were a lot of

1993
01:40:00,439 --> 01:40:02,000
storms the night of the meeting,

1994
01:40:02,000 --> 01:40:06,000
so some of the residents were not able to attend.

1995
01:40:06,000 --> 01:40:08,550
So we went ahead and voluntarily opted to have a secondary

1996
01:40:08,550 --> 01:40:10,000
meeting so that way we could

1997
01:40:10,000 --> 01:40:12,710
have additional comments and try and present some of the

1998
01:40:12,710 --> 01:40:14,000
stuff that we've done.

1999
01:40:14,000 --> 01:40:18,880
So in some of the things that we've heard, there were some

2000
01:40:18,880 --> 01:40:21,000
concerns about the screening.

2001
01:40:21,000 --> 01:40:24,270
So along the south side of the property line, our

2002
01:40:24,270 --> 01:40:27,000
developers offered up to build a six-foot

2003
01:40:27,000 --> 01:40:31,000
screening wall along there to help buffer and remove that.

2004
01:40:31,000 --> 01:40:33,000
You can see the blue line.

2005
01:40:33,000 --> 01:40:35,000
If I can get the cursor to move here.

2006
01:40:35,000 --> 01:40:37,350
The blue line there, there will be a six-foot screening

2007
01:40:37,350 --> 01:40:38,000
wall there.

2008
01:40:38,000 --> 01:40:42,390
Also along Ector Street, the developers also agreed to put

2009
01:40:42,390 --> 01:40:45,000
in a three-foot tall screening wall

2010
01:40:45,000 --> 01:40:47,329
along there as well to kind of buffer some of the lights

2011
01:40:47,329 --> 01:40:49,000
and some of the traffic and stuff.

2012
01:40:49,000 --> 01:40:53,510
And other items that they were concerned about were the

2013
01:40:53,510 --> 01:40:55,000
lighting on the site.

2014
01:40:55,000 --> 01:40:58,500
With that, we've had a photometrics plan done to try and

2015
01:40:58,500 --> 01:41:00,000
ensure that the spillage of light

2016
01:41:00,000 --> 01:41:02,000
leaving the property line.

2017
01:41:02,000 --> 01:41:07,029
So at the property line, it's a negligible light, 0 to 0.1-

2018
01:41:07,029 --> 01:41:08,000
foot candles.

2019
01:41:08,000 --> 01:41:11,260
Also the landscaping, and we do have the landscape

2020
01:41:11,260 --> 01:41:13,000
architect here to discuss that,

2021
01:41:13,000 --> 01:41:15,699
but we have gone above and beyond the landscaping on this

2022
01:41:15,699 --> 01:41:18,000
site to try and buffer

2023
01:41:18,000 --> 01:41:20,760
and make it also look a little more palatable to the city

2024
01:41:20,760 --> 01:41:22,000
and the residences.

2025
01:41:22,000 --> 01:41:28,000
And the lighting buffer.

2026
01:41:28,000 --> 01:41:30,840
The funeral home also, we've also provided additional

2027
01:41:30,840 --> 01:41:34,000
buffer back to the west of us to the funeral home.

2028
01:41:34,000 --> 01:41:37,229
And then on the traffic, there was a lot of concerns about

2029
01:41:37,229 --> 01:41:40,000
the traffic that it was just going to be a total nightmare.

2030
01:41:40,000 --> 01:41:43,140
So the developer agreed to go ahead and do a voluntary

2031
01:41:43,140 --> 01:41:45,000
traffic study for the site.

2032
01:41:45,000 --> 01:41:48,970
So we've gone in and had that reviewed and everything

2033
01:41:48,970 --> 01:41:52,000
appears to be fine on the traffic study.

2034
01:41:52,000 --> 01:41:55,000
And he's here to talk about that more.

2035
01:41:55,000 --> 01:42:00,000
The other item that came up with the residences was trash.

2036
01:42:00,000 --> 01:42:02,000
You know, people throwing trash out and stuff like that.

2037
01:42:02,000 --> 01:42:04,729
So the developers agreed to place some additional trash

2038
01:42:04,729 --> 01:42:06,000
receptacles on the site.

2039
01:42:06,000 --> 01:42:09,789
And then also if it was a major problem, then they would

2040
01:42:09,789 --> 01:42:12,000
also try and go pick up the trash as well.

2041
01:42:12,000 --> 01:42:15,229
So with that being said, I'd be happy to answer any

2042
01:42:15,229 --> 01:42:16,000
questions,

2043
01:42:16,000 --> 01:42:19,100
or we can also bring down the traffic or landscape

2044
01:42:19,100 --> 01:42:22,000
architect as well to answer any questions.

2045
01:42:22,000 --> 01:42:23,000
Commissioner Beck.

2046
01:42:23,000 --> 01:42:25,000
Thanks, Vice Chair.

2047
01:42:25,000 --> 01:42:28,250
You said you would be putting a buffer up on the west side

2048
01:42:28,250 --> 01:42:30,000
between you and DeBerry.

2049
01:42:30,000 --> 01:42:32,000
What exactly are you putting up?

2050
01:42:32,000 --> 01:42:35,100
On the west side of the property, along the property line,

2051
01:42:35,100 --> 01:42:37,000
right here along these parking stalls,

2052
01:42:37,000 --> 01:42:40,569
we're going to be putting in a three-foot, I believe it's m

2053
01:42:40,569 --> 01:42:41,000
asonry.

2054
01:42:41,000 --> 01:42:43,000
That's east side.

2055
01:42:43,000 --> 01:42:44,000
I'm sorry, east side.

2056
01:42:44,000 --> 01:42:46,000
There's a masonry fence.

2057
01:42:46,000 --> 01:42:49,449
On the west side, it's going to be a substantial landscape

2058
01:42:49,449 --> 01:42:52,000
buffer between us and the funeral home.

2059
01:42:52,000 --> 01:42:54,000
Okay, what do you mean substantial?

2060
01:42:54,000 --> 01:42:57,000
That is, we're the landscape architect.

2061
01:42:57,000 --> 01:43:00,000
He'll fill me in on that.

2062
01:43:00,000 --> 01:43:02,000
We've got Terry Shroud's class.

2063
01:43:02,000 --> 01:43:04,000
Sir, could you, this is a public hearing for the record.

2064
01:43:04,000 --> 01:43:06,000
Could you please speak into the microphone?

2065
01:43:06,000 --> 01:43:08,000
Thank you.

2066
01:43:08,000 --> 01:43:11,810
There's people watching at home that would like to hear

2067
01:43:11,810 --> 01:43:13,000
your answer.

2068
01:43:13,000 --> 01:43:14,000
My name is Donald Bounds.

2069
01:43:14,000 --> 01:43:16,909
I'm with Birkenbeil Landscape Architects, and we're the

2070
01:43:16,909 --> 01:43:20,000
landscape architects working on this project.

2071
01:43:20,000 --> 01:43:24,199
And on the west side of the property, we're maintaining the

2072
01:43:24,199 --> 01:43:26,000
trees that are existing,

2073
01:43:26,000 --> 01:43:28,829
and then we're supplementing that with Nellie R. Stevenholy

2074
01:43:28,829 --> 01:43:35,000
, which is an evergreen holly that gets very large.

2075
01:43:35,000 --> 01:43:36,000
Thank you.

2076
01:43:36,000 --> 01:43:38,000
How high are the hollies?

2077
01:43:38,000 --> 01:43:40,000
Well, like six, it can get six feet.

2078
01:43:40,000 --> 01:43:41,000
Up to six feet.

2079
01:43:41,000 --> 01:43:42,000
Yeah.

2080
01:43:42,000 --> 01:43:43,000
Okay.

2081
01:43:43,000 --> 01:43:44,000
Okay, thank you.

2082
01:43:44,000 --> 01:43:45,319
And so before you sit down, can you please state your

2083
01:43:45,319 --> 01:43:46,000
address for the record?

2084
01:43:46,000 --> 01:43:51,460
Yes, it's 2001 North Lamar Street, Suite 401 Dallas, Texas,

2085
01:43:51,460 --> 01:43:53,000
75206.

2086
01:43:53,000 --> 01:43:57,000
Thank you.

2087
01:43:57,000 --> 01:44:02,000
Are there other questions for the applicant?

2088
01:44:02,000 --> 01:44:07,000
Okay.

2089
01:44:07,000 --> 01:44:10,100
And are there any other representatives here for the

2090
01:44:10,100 --> 01:44:11,000
applicant?

2091
01:44:11,000 --> 01:44:14,000
Yes, okay, thank you.

2092
01:44:14,000 --> 01:44:20,640
And again, state your name and address for the record,

2093
01:44:20,640 --> 01:44:22,000
please.

2094
01:44:22,000 --> 01:44:25,729
I'm Larry Servanko with Minckley Barfield, and I'm with the

2095
01:44:25,729 --> 01:44:27,000
Traffic and General Job.

2096
01:44:27,000 --> 01:44:31,670
And our address is 8201 Gateway in Richardson, so I'm here

2097
01:44:31,670 --> 01:44:34,000
to answer any questions you have.

2098
01:44:34,000 --> 01:44:37,000
We did do a traffic count in November of '19.

2099
01:44:37,000 --> 01:44:40,239
Before Thanksgiving, typically traffic is pretty busy at

2100
01:44:40,239 --> 01:44:41,000
that time.

2101
01:44:41,000 --> 01:44:45,000
We did a level of service analysis of what's out there now,

2102
01:44:45,000 --> 01:44:48,000
and then we added traffic from both of these sites.

2103
01:44:48,000 --> 01:44:52,000
And we also looked at traffic five years in the future.

2104
01:44:52,000 --> 01:44:56,000
And all this analysis means that the level of service,

2105
01:44:56,000 --> 01:45:00,779
which is how we judge our traffic operations, is acceptable

2106
01:45:00,779 --> 01:45:04,000
in all cases, even five years in the future.

2107
01:45:04,000 --> 01:45:08,000
And we recommended the two drives.

2108
01:45:08,000 --> 01:45:11,789
The amount of trips that will be generated will be about 60

2109
01:45:11,789 --> 01:45:15,409
in the morning and about 80 in the afternoon, and that's

2110
01:45:15,409 --> 01:45:16,000
for both sites.

2111
01:45:16,000 --> 01:45:19,229
In the mornings, Popeyes doesn't have any breakfast, so

2112
01:45:19,229 --> 01:45:22,000
there won't be as much traffic in the morning.

2113
01:45:22,000 --> 01:45:24,000
In the afternoon, it goes up a little bit.

2114
01:45:24,000 --> 01:45:27,100
And then with the two drives, what's going to happen is

2115
01:45:27,100 --> 01:45:30,050
most of the traffic that's going to be going to the site

2116
01:45:30,050 --> 01:45:32,000
will be driving along 380.

2117
01:45:32,000 --> 01:45:34,310
And a lot of these people will be going to work, whatever,

2118
01:45:34,310 --> 01:45:36,520
and will come in, get something to eat, and then go back

2119
01:45:36,520 --> 01:45:37,000
out.

2120
01:45:37,000 --> 01:45:40,149
That's why we want the driveway onto University Park, or

2121
01:45:40,149 --> 01:45:44,000
University, because we didn't deduct any traffic for that,

2122
01:45:44,000 --> 01:45:46,000
but that's called pass-through traffic.

2123
01:45:46,000 --> 01:45:49,489
It's traffic that would normally be on the road, but they

2124
01:45:49,489 --> 01:45:52,899
alter their route to get something to eat and then get back

2125
01:45:52,899 --> 01:45:54,000
on the street.

2126
01:45:54,000 --> 01:45:57,100
So we could have reduced the trips a little bit more for

2127
01:45:57,100 --> 01:46:00,380
that, but we decided to see what it looks like in the worst

2128
01:46:00,380 --> 01:46:01,000
case.

2129
01:46:01,000 --> 01:46:05,000
So the analysis shows that it's a good level of service.

2130
01:46:05,000 --> 01:46:07,000
Do you have any questions?

2131
01:46:07,000 --> 01:46:10,560
And before I get to you all, did you look at traffic counts

2132
01:46:10,560 --> 01:46:14,060
only on University, or did you also look at Hector and Em

2133
01:46:14,060 --> 01:46:15,000
ory as well?

2134
01:46:15,000 --> 01:46:18,000
We didn't do Emory, but we did Hector.

2135
01:46:18,000 --> 01:46:22,310
And on Hector, we just had about 10 to 13 cars that were

2136
01:46:22,310 --> 01:46:25,000
going up and down in both directions.

2137
01:46:25,000 --> 01:46:26,000
Thank you.

2138
01:46:26,000 --> 01:46:29,000
Commissioner Taylor.

2139
01:46:29,000 --> 01:46:31,000
Thank you, Vice Chair.

2140
01:46:31,000 --> 01:46:34,100
Just to understand those numbers, when you say 60 in the

2141
01:46:34,100 --> 01:46:38,000
morning, 80 in the afternoon, that's like trips per hour?

2142
01:46:38,000 --> 01:46:39,000
Per hour, yes.

2143
01:46:39,000 --> 01:46:43,510
And did you have a -- did you model like the breakdown of

2144
01:46:43,510 --> 01:46:47,659
traffic that would be in and out only on University versus

2145
01:46:47,659 --> 01:46:50,000
-- and could you say what was the --

2146
01:46:50,000 --> 01:46:53,760
like the -- that's the 60, 80, it's essentially the same

2147
01:46:53,760 --> 01:46:57,409
amount that's entering will be leaving, so it's about 60 in

2148
01:46:57,409 --> 01:47:01,010
the morning coming in and leaving, and afternoon will be 80

2149
01:47:01,010 --> 01:47:02,000
coming in.

2150
01:47:02,000 --> 01:47:05,850
Well, did you model whether they leave or enter on

2151
01:47:05,850 --> 01:47:10,000
University versus leaving or entering on Hector?

2152
01:47:10,000 --> 01:47:12,000
It's about 50/50 split.

2153
01:47:12,000 --> 01:47:16,000
Probably because of the medians, it's hard to turn left.

2154
01:47:16,000 --> 01:47:19,289
That's right, and the University does not have a median in

2155
01:47:19,289 --> 01:47:22,529
that particular driveway, so anybody wanting to turn left

2156
01:47:22,529 --> 01:47:25,359
is going to be doing it at Hector and turning right into

2157
01:47:25,359 --> 01:47:28,630
the site and left out and making a right to go back to

2158
01:47:28,630 --> 01:47:30,000
where they came from.

2159
01:47:30,000 --> 01:47:33,789
And is there -- so you do the -- looks at morning and

2160
01:47:33,789 --> 01:47:35,000
afternoon.

2161
01:47:35,000 --> 01:47:38,000
Did you do nighttime?

2162
01:47:38,000 --> 01:47:40,350
Like what -- so basically a drive-through restaurant is

2163
01:47:40,350 --> 01:47:43,000
typically open until 11 p.m. or midnight?

2164
01:47:43,000 --> 01:47:47,789
No, typically we use ITE trip generation rates to determine

2165
01:47:47,789 --> 01:47:52,260
how many trips are going to be coming with that size, and

2166
01:47:52,260 --> 01:47:56,340
they suggest that the -- you know, four to five, five to

2167
01:47:56,340 --> 01:47:59,649
six is the peak hour for those trips, because people are

2168
01:47:59,649 --> 01:48:02,449
going home and they want to get something to eat, take it

2169
01:48:02,449 --> 01:48:03,000
home with them.

2170
01:48:03,000 --> 01:48:07,000
That's why we key on that particular time period.

2171
01:48:07,000 --> 01:48:08,000
Right.

2172
01:48:08,000 --> 01:48:10,750
So if the other Burger Kings in Denton close at midnight,

2173
01:48:10,750 --> 01:48:13,460
would there -- I'm trying to understand what the traffic

2174
01:48:13,460 --> 01:48:16,319
difference would be from say 9 p.m. to midnight on the

2175
01:48:16,319 --> 01:48:18,000
residential street versus --

2176
01:48:18,000 --> 01:48:19,000
It could be less.

2177
01:48:19,000 --> 01:48:20,000
Yeah.

2178
01:48:20,000 --> 01:48:23,210
There could be some people in the neighborhood who want to

2179
01:48:23,210 --> 01:48:26,260
get a bite to eat at midnight, but probably a very small

2180
01:48:26,260 --> 01:48:27,000
amount.

2181
01:48:27,000 --> 01:48:28,000
All right.

2182
01:48:28,000 --> 01:48:29,000
Thank you.

2183
01:48:29,000 --> 01:48:31,000
Let's get real hungry.

2184
01:48:31,000 --> 01:48:32,000
Commissioner Rossell.

2185
01:48:32,000 --> 01:48:34,000
Thank you, Vice Chair.

2186
01:48:34,000 --> 01:48:36,880
If I understand, first of all, these questions seem to be

2187
01:48:36,880 --> 01:48:38,000
regarding the ADP.

2188
01:48:38,000 --> 01:48:40,579
I don't want -- is it okay for me to ask more questions

2189
01:48:40,579 --> 01:48:43,659
about traffic studies since we have the individual here, or

2190
01:48:43,659 --> 01:48:46,000
should I wait until we go to the other item?

2191
01:48:46,000 --> 01:48:47,189
I don't want to blur the lines any more than they might

2192
01:48:47,189 --> 01:48:48,000
have already been blurred.

2193
01:48:48,000 --> 01:48:52,510
Well, we've been allowing a line of questioning for general

2194
01:48:52,510 --> 01:48:56,050
purposes as it relates to the zoning, but if it's very in-

2195
01:48:56,050 --> 01:48:58,000
depth, I would hold it.

2196
01:48:58,000 --> 01:49:00,000
It's -- I don't think it's too in-depth.

2197
01:49:00,000 --> 01:49:01,000
Okay.

2198
01:49:01,000 --> 01:49:04,420
Just to clarify, though, yeah, the traffic also affects rez

2199
01:49:04,420 --> 01:49:05,000
oning.

2200
01:49:05,000 --> 01:49:06,000
Right.

2201
01:49:06,000 --> 01:49:07,000
So --

2202
01:49:07,000 --> 01:49:10,079
Well, hopefully it wouldn't considering if we're rezoning

2203
01:49:10,079 --> 01:49:12,000
this regardless of what's going in.

2204
01:49:12,000 --> 01:49:14,050
So the rezoning is independent, I would believe, of any

2205
01:49:14,050 --> 01:49:15,000
potential building.

2206
01:49:15,000 --> 01:49:19,050
So if it's a bank or a drive-through, that's, I don't think

2207
01:49:19,050 --> 01:49:21,000
pertinent to rezoning.

2208
01:49:21,000 --> 01:49:24,000
So I don't know if traffic studies pertinent to rezoning.

2209
01:49:24,000 --> 01:49:26,609
But while I have you here, I wanted to talk to you about if

2210
01:49:26,609 --> 01:49:29,000
I understand the traffic flow of the property,

2211
01:49:29,000 --> 01:49:31,300
if I'm hitting westbound on University, in order to enter

2212
01:49:31,300 --> 01:49:33,000
the property, I must turn onto Ector.

2213
01:49:33,000 --> 01:49:36,000
You can turn left onto Ector and then right into the drive.

2214
01:49:36,000 --> 01:49:37,000
Okay.

2215
01:49:37,000 --> 01:49:39,569
And then if I want to exit going back westway, I have to go

2216
01:49:39,569 --> 01:49:42,000
back out Ector and then take an unprotected left --

2217
01:49:42,000 --> 01:49:44,479
If we have this other driveway, you can come out and just

2218
01:49:44,479 --> 01:49:47,510
make a right turn on University and don't get on Ector at

2219
01:49:47,510 --> 01:49:48,000
all.

2220
01:49:48,000 --> 01:49:49,989
But if I need to take a left on University, I would have to

2221
01:49:49,989 --> 01:49:51,000
hit Ector, correct?

2222
01:49:51,000 --> 01:49:52,000
That's correct.

2223
01:49:52,000 --> 01:49:53,000
Okay.

2224
01:49:53,000 --> 01:49:54,340
So if I was going westway, wanted to get somebody to

2225
01:49:54,340 --> 01:49:55,000
continue westward --

2226
01:49:55,000 --> 01:49:56,000
You'd have to --

2227
01:49:56,000 --> 01:49:57,000
-- you'd have to --

2228
01:49:57,000 --> 01:49:58,000
-- Ector.

2229
01:49:58,000 --> 01:49:59,000
-- and then turn left.

2230
01:49:59,000 --> 01:50:01,770
Knowing the area, I'm much more inclined, instead of trying

2231
01:50:01,770 --> 01:50:04,430
to make an unprotected left on University, to swing around

2232
01:50:04,430 --> 01:50:05,000
to Emory.

2233
01:50:05,000 --> 01:50:08,100
And so I'm curious why that wasn't included in the study,

2234
01:50:08,100 --> 01:50:11,000
because I think naturally a lot of drivers would see that

2235
01:50:11,000 --> 01:50:13,000
an open road to Bonnie Bray and take it.

2236
01:50:13,000 --> 01:50:15,000
And that's part of my concern about the traffic.

2237
01:50:15,000 --> 01:50:17,000
And it goes to maybe the number you mentioned.

2238
01:50:17,000 --> 01:50:20,729
You said that there's 80 cars an hour, but you said there's

2239
01:50:20,729 --> 01:50:23,000
a 50/50 split onto Ector.

2240
01:50:23,000 --> 01:50:25,579
But you also said the impact on Ector would be 10 to 13

2241
01:50:25,579 --> 01:50:26,000
cars.

2242
01:50:26,000 --> 01:50:28,000
Maybe I'm asking a little fuzzy.

2243
01:50:28,000 --> 01:50:30,000
Can you help me out on that?

2244
01:50:30,000 --> 01:50:31,000
Okay.

2245
01:50:31,000 --> 01:50:40,000
Well, do you have the -- the total number of trips is 170.

2246
01:50:40,000 --> 01:50:41,000
Okay.

2247
01:50:41,000 --> 01:50:43,000
So we have half of that's entering, half is exiting.

2248
01:50:43,000 --> 01:50:46,439
And then half of that would be on University, and the other

2249
01:50:46,439 --> 01:50:48,000
half would be on Ector.

2250
01:50:48,000 --> 01:50:51,000
That's still substantially more than 10 to 13 cars.

2251
01:50:51,000 --> 01:50:52,000
Oh, yes, yes, yes.

2252
01:50:52,000 --> 01:50:53,000
Okay.

2253
01:50:53,000 --> 01:50:54,789
But it's still -- the level of service is still pretty good

2254
01:50:54,789 --> 01:50:55,000
.

2255
01:50:55,000 --> 01:50:56,000
Okay.

2256
01:50:56,000 --> 01:50:59,000
Then can you clarify where I heard the 10 to 13 cars?

2257
01:50:59,000 --> 01:51:00,000
Maybe I misunderstood.

2258
01:51:00,000 --> 01:51:01,000
No, that's our actual count.

2259
01:51:01,000 --> 01:51:03,000
That's the actual count on Ector.

2260
01:51:03,000 --> 01:51:04,000
Okay.

2261
01:51:04,000 --> 01:51:06,000
Thank you for that clarification.

2262
01:51:06,000 --> 01:51:11,000
Thank you, sir.

2263
01:51:11,000 --> 01:51:15,710
Seeing no other questions for the applicant, I'm going to

2264
01:51:15,710 --> 01:51:18,000
start reading some of these cards.

2265
01:51:18,000 --> 01:51:21,109
And as I said, some of you filled out that you want to

2266
01:51:21,109 --> 01:51:23,000
speak in regards to the ADP.

2267
01:51:23,000 --> 01:51:26,420
And some of you wrote that you wanted to speak in regards

2268
01:51:26,420 --> 01:51:28,000
to the zoning change.

2269
01:51:28,000 --> 01:51:29,000
So I'm just going to go through these.

2270
01:51:29,000 --> 01:51:32,039
And if you'd like to hold your comments later for the ADP,

2271
01:51:32,039 --> 01:51:33,000
we can do that.

2272
01:51:33,000 --> 01:51:34,000
But we'll just start.

2273
01:51:34,000 --> 01:51:36,970
So Michael Hennen, would you like to speak on this item or

2274
01:51:36,970 --> 01:51:38,000
the ADP or both?

2275
01:51:38,000 --> 01:51:39,000
Okay.

2276
01:51:39,000 --> 01:51:40,000
Come on forward.

2277
01:51:40,000 --> 01:51:42,520
And you'll have three minutes if you could set your name

2278
01:51:42,520 --> 01:51:44,000
and address for the record.

2279
01:51:44,000 --> 01:51:46,000
But I know you've done this before, so thanks.

2280
01:51:46,000 --> 01:51:54,000
I'm Michael Hennen.

2281
01:51:54,000 --> 01:51:56,000
I live at 724 Thomas Street.

2282
01:51:56,000 --> 01:52:00,659
And I'm speaking in opposition to both of these requests

2283
01:52:00,659 --> 01:52:03,000
tonight for two reasons.

2284
01:52:03,000 --> 01:52:07,390
One is, well, we heard staff say that these requests were

2285
01:52:07,390 --> 01:52:11,000
consistent with the Denton 2030 plan.

2286
01:52:11,000 --> 01:52:14,000
And I disagree with that on a general basis.

2287
01:52:14,000 --> 01:52:19,510
The Denton 2030 plan calls for the city to promote balanced

2288
01:52:19,510 --> 01:52:22,000
managed growth in the city.

2289
01:52:22,000 --> 01:52:27,029
And I contend that the growth along University Avenue now

2290
01:52:27,029 --> 01:52:32,000
is unbalanced in favor of fast food restaurants.

2291
01:52:32,000 --> 01:52:34,199
I did a survey this morning, so I'd have the latest

2292
01:52:34,199 --> 01:52:35,000
information.

2293
01:52:35,000 --> 01:52:40,659
Here's what we've got now between I-35 and North Elm Street

2294
01:52:40,659 --> 01:52:41,000
.

2295
01:52:41,000 --> 01:52:46,029
Two McDonald's, two Whataburger's, a Brahms, a Panera that

2296
01:52:46,029 --> 01:52:53,000
also has a drive-thru, a Taco Casa, Taco Bell, Taco Bueno,

2297
01:52:53,000 --> 01:52:55,000
Taco Cabana,

2298
01:52:55,000 --> 01:52:59,829
Sonic, a Starbucks with a drive-thru, Chick-fil-A, Wendy's,

2299
01:52:59,829 --> 01:53:06,000
Pollo Regio, Mi Casita, Grandys, Arby's, Jack in the Box,

2300
01:53:06,000 --> 01:53:09,000
Schlatzky's, and a KFC.

2301
01:53:09,000 --> 01:53:11,000
That's what we have now.

2302
01:53:11,000 --> 01:53:15,039
University Avenue, rather than being a balanced use of

2303
01:53:15,039 --> 01:53:19,779
commercial properties, is turning into a strip of fast food

2304
01:53:19,779 --> 01:53:21,000
restaurants.

2305
01:53:21,000 --> 01:53:24,270
And I contend that that's not balanced growth and it's

2306
01:53:24,270 --> 01:53:26,000
unhealthy for the city.

2307
01:53:26,000 --> 01:53:32,000
The second thing is these businesses are trash generators.

2308
01:53:32,000 --> 01:53:35,210
Now, I don't live within 200 feet or 500 feet from these

2309
01:53:35,210 --> 01:53:36,000
properties.

2310
01:53:36,000 --> 01:53:39,000
I live across the street from McKenna Park.

2311
01:53:39,000 --> 01:53:44,659
But every day I go across the street and I find bags from

2312
01:53:44,659 --> 01:53:50,189
Burger King or from, excuse me, not Burger King, from Sonic

2313
01:53:50,189 --> 01:53:54,000
or from Whataburger or from McDonald's

2314
01:53:54,000 --> 01:53:57,760
that people have thrown into McKenna Park or have thrown

2315
01:53:57,760 --> 01:54:01,439
out of their car windows after they eat it and just throw

2316
01:54:01,439 --> 01:54:03,000
it there by the park.

2317
01:54:03,000 --> 01:54:07,000
So these businesses generate trash.

2318
01:54:07,000 --> 01:54:10,500
We have enough of them already on University Avenue and we

2319
01:54:10,500 --> 01:54:12,000
don't need any more.

2320
01:54:12,000 --> 01:54:18,020
This body is supposed to promote balanced growth in our

2321
01:54:18,020 --> 01:54:19,000
city.

2322
01:54:19,000 --> 01:54:24,729
We don't need more fast food restaurants on that portion of

2323
01:54:24,729 --> 01:54:27,000
University Avenue.

2324
01:54:27,000 --> 01:54:31,520
The only way to promote more of them would be to promote un

2325
01:54:31,520 --> 01:54:34,000
balanced growth in our city.

2326
01:54:34,000 --> 01:54:36,000
We're matched out right now.

2327
01:54:36,000 --> 01:54:42,140
The proposed use, especially the proposed change in the

2328
01:54:42,140 --> 01:54:46,770
zoning, would allow for other kinds of development to go in

2329
01:54:46,770 --> 01:54:50,100
there potentially that are inconsistent with the kind of

2330
01:54:50,100 --> 01:54:53,000
neighborhood we want to keep in that part of Denton.

2331
01:54:53,000 --> 01:54:57,000
Thank you.

2332
01:54:57,000 --> 01:55:03,000
Our next speaker is Jesse Davis.

2333
01:55:03,000 --> 01:55:05,000
You can state your name and address for the record, please.

2334
01:55:05,000 --> 01:55:06,000
Thank you.

2335
01:55:06,000 --> 01:55:07,000
My name is Jesse Davis.

2336
01:55:07,000 --> 01:55:09,000
I live at 1228 Hector.

2337
01:55:09,000 --> 01:55:12,000
That's within 500 feet of the proposed development.

2338
01:55:12,000 --> 01:55:14,000
That's within 500 feet of the subject property.

2339
01:55:14,000 --> 01:55:16,000
First, thank you very much for bearing with us tonight.

2340
01:55:16,000 --> 01:55:19,100
By the time you hear from the last of us, you might be

2341
01:55:19,100 --> 01:55:21,000
ready to go home, go to sleep.

2342
01:55:21,000 --> 01:55:22,000
But thank you for bearing with us.

2343
01:55:22,000 --> 01:55:25,000
We're here tonight because this looks like a simple issue.

2344
01:55:25,000 --> 01:55:28,470
This looks like coloring then the right colors on the map,

2345
01:55:28,470 --> 01:55:30,000
making things match.

2346
01:55:30,000 --> 01:55:31,000
It's not that simple.

2347
01:55:31,000 --> 01:55:33,000
There's a deeper history to where we live.

2348
01:55:33,000 --> 01:55:35,000
There's a deeper history to this issue.

2349
01:55:35,000 --> 01:55:37,659
And that's why we included the Neighborhood in Opposition

2350
01:55:37,659 --> 01:55:39,000
one pager in your packet.

2351
01:55:39,000 --> 01:55:41,770
One thing that didn't make it into your packet due to an

2352
01:55:41,770 --> 01:55:45,000
email issue is the petition with 79 signatures on it.

2353
01:55:45,000 --> 01:55:47,550
We purposely shielded this petition from people who live

2354
01:55:47,550 --> 01:55:49,000
outside our neighborhood.

2355
01:55:49,000 --> 01:55:52,000
This is 79 people who live inside of our neighborhood.

2356
01:55:52,000 --> 01:55:54,000
Majority of us owner occupied homes.

2357
01:55:54,000 --> 01:55:58,390
Majority of us there in the NR1 designation on higher value

2358
01:55:58,390 --> 01:55:59,000
homes.

2359
01:55:59,000 --> 01:56:01,000
This other thing that will be in the City Council's packet

2360
01:56:01,000 --> 01:56:03,909
is a resolution from the Church of St. David of Wales up at

2361
01:56:03,909 --> 01:56:05,000
the top of the hill.

2362
01:56:05,000 --> 01:56:08,100
They voted last night against this resolution, excuse me,

2363
01:56:08,100 --> 01:56:10,000
against this rezoning because it affects them too.

2364
01:56:10,000 --> 01:56:12,029
You're also going to hear tonight from commercial property

2365
01:56:12,029 --> 01:56:13,000
owners who are opposed.

2366
01:56:13,000 --> 01:56:16,279
You're going to hear from people who live up and down our

2367
01:56:16,279 --> 01:56:17,000
street.

2368
01:56:17,000 --> 01:56:20,229
And the reason you're going to hear from them is because it

2369
01:56:20,229 --> 01:56:24,000
's deeper than just matching things along University Drive.

2370
01:56:24,000 --> 01:56:27,270
If you look at what's on University Drive now, the

2371
01:56:27,270 --> 01:56:30,529
proposition that's been made to you is that let's match

2372
01:56:30,529 --> 01:56:33,680
what we already have because it's consistent with our Dent

2373
01:56:33,680 --> 01:56:35,000
on Plan 2030.

2374
01:56:35,000 --> 01:56:38,000
NRMU already allows appropriate commercial use.

2375
01:56:38,000 --> 01:56:40,560
We are in favor of, we spent a lot of time talking about

2376
01:56:40,560 --> 01:56:44,020
this in our neighborhood, we support appropriate commercial

2377
01:56:44,020 --> 01:56:45,000
development.

2378
01:56:45,000 --> 01:56:47,279
If a dentist wants to build an office, if a direct leader

2379
01:56:47,279 --> 01:56:50,460
wants to go in, like our other existing neighbors, we don't

2380
01:56:50,460 --> 01:56:52,000
have a problem with that.

2381
01:56:52,000 --> 01:56:55,000
What we have a problem with is changing the status quo.

2382
01:56:55,000 --> 01:56:57,489
The developer has the burden of proof to show you all why

2383
01:56:57,489 --> 01:56:59,000
the status quo has to change.

2384
01:56:59,000 --> 01:57:00,000
They can't do it.

2385
01:57:00,000 --> 01:57:02,369
They can't do it with their engineers or their landscape

2386
01:57:02,369 --> 01:57:04,000
studies or their traffic studies.

2387
01:57:04,000 --> 01:57:07,000
They can't show you why they're appropriate for this spot.

2388
01:57:07,000 --> 01:57:09,130
And you're going to hear from a lot of folks tonight who

2389
01:57:09,130 --> 01:57:11,470
can tell you exactly why that impact on our neighborhood is

2390
01:57:11,470 --> 01:57:14,000
not appropriate, why it's not appropriate for Denton.

2391
01:57:14,000 --> 01:57:16,239
I want to really quickly address up front, because you're

2392
01:57:16,239 --> 01:57:19,369
going to hear from a lot of people tonight, kind of the 800

2393
01:57:19,369 --> 01:57:22,430
pound gorilla in the room that I hear from people around

2394
01:57:22,430 --> 01:57:23,000
town sometimes.

2395
01:57:23,000 --> 01:57:26,000
Well, why did you purchase a home so close to university?

2396
01:57:26,000 --> 01:57:28,350
Why did you purchase a home so close to some place where

2397
01:57:28,350 --> 01:57:30,000
somebody can build a Burger King?

2398
01:57:30,000 --> 01:57:33,659
No one in this room purchased a home within 500 feet or 200

2399
01:57:33,659 --> 01:57:37,000
feet or 100 feet, in Mr. DeBerry's case with his business,

2400
01:57:37,000 --> 01:57:39,000
of a place where you can build a Burger King.

2401
01:57:39,000 --> 01:57:42,260
We purchased homes or we built homes over 50 years ago in a

2402
01:57:42,260 --> 01:57:44,000
place where we can't do that.

2403
01:57:44,000 --> 01:57:46,000
They want to change the status quo.

2404
01:57:46,000 --> 01:57:48,210
And you're going to hear from a lot of folks tonight who

2405
01:57:48,210 --> 01:57:50,000
can tell you why that shouldn't happen.

2406
01:57:50,000 --> 01:57:51,000
Sir?

2407
01:57:51,000 --> 01:57:52,000
Thank you.

2408
01:57:52,000 --> 01:57:53,000
We have a question for you.

2409
01:57:53,000 --> 01:57:54,000
Yes, absolutely.

2410
01:57:54,000 --> 01:57:55,000
Commissioner Rossell.

2411
01:57:55,000 --> 01:57:56,000
Thank you, Mr. Javis, for being here.

2412
01:57:56,000 --> 01:57:59,000
I have one question, because we don't have that petition.

2413
01:57:59,000 --> 01:58:00,819
The petition with the signatures, is that against the rez

2414
01:58:00,819 --> 01:58:02,000
oning or is that against the ADP?

2415
01:58:02,000 --> 01:58:04,000
It's against the rezoning.

2416
01:58:04,000 --> 01:58:07,130
Real quickly on the ADP, I think you're going to hear from

2417
01:58:07,130 --> 01:58:09,000
some other folks on that also.

2418
01:58:09,000 --> 01:58:11,569
And we're going to scan this in and make it available to

2419
01:58:11,569 --> 01:58:14,000
you all, because it's an ongoing petition.

2420
01:58:14,000 --> 01:58:17,479
We don't dispute that these folks with their studies and

2421
01:58:17,479 --> 01:58:20,670
their engineers and their site plans, that they can build a

2422
01:58:20,670 --> 01:58:22,000
pretty nice Burger King and Popeyes.

2423
01:58:22,000 --> 01:58:23,000
We don't dispute that.

2424
01:58:23,000 --> 01:58:25,149
And they have been responsive to some of the things that we

2425
01:58:25,149 --> 01:58:26,000
're talking about.

2426
01:58:26,000 --> 01:58:28,670
But what we're talking about is why a drive-through doesn't

2427
01:58:28,670 --> 01:58:31,000
belong in our neighborhood in the first place.

2428
01:58:31,000 --> 01:58:34,729
There are many, many other places in Denton available to

2429
01:58:34,729 --> 01:58:38,569
them in this area, in this development zone, just down the

2430
01:58:38,569 --> 01:58:41,000
street, for them to build this.

2431
01:58:41,000 --> 01:58:43,319
I think it's clear that somebody drove down the street, saw

2432
01:58:43,319 --> 01:58:45,390
a green field, and thought, well, let's buy that up and put

2433
01:58:45,390 --> 01:58:47,760
a Burger King on it, without thinking about the deeper

2434
01:58:47,760 --> 01:58:49,000
history that's there.

2435
01:58:49,000 --> 01:58:50,000
And I appreciate your question.

2436
01:58:50,000 --> 01:58:51,000
Please do ask us questions.

2437
01:58:51,000 --> 01:58:53,829
I have some photos of the area available, if you all need

2438
01:58:53,829 --> 01:58:55,000
that kind of thing.

2439
01:58:55,000 --> 01:58:57,659
We have a lot of history here to share with you, and we don

2440
01:58:57,659 --> 01:59:00,000
't know what to give you unless you ask for it.

2441
01:59:00,000 --> 01:59:01,000
So we're happy to do that.

2442
01:59:01,000 --> 01:59:02,000
Thank you.

2443
01:59:02,000 --> 01:59:03,000
Commissioner Beck.

2444
01:59:03,000 --> 01:59:04,000
Thank you, Vice Chair.

2445
01:59:04,000 --> 01:59:06,000
I do have a question for you, Mr. Davison.

2446
01:59:06,000 --> 01:59:06,000
Yes, sir.

2447
01:59:06,000 --> 01:59:09,500
If for anybody else that's opposed to this, this would kind

2448
01:59:09,500 --> 01:59:11,000
of go out to all of you.

2449
01:59:11,000 --> 01:59:13,930
What we've -- part of what we've been seeing or hearing is

2450
01:59:13,930 --> 01:59:17,000
the objection to the fact that it's a drive-through.

2451
01:59:17,000 --> 01:59:19,000
Don't have any objection to a restaurant, correct?

2452
01:59:19,000 --> 01:59:20,000
Yes, sir.

2453
01:59:20,000 --> 01:59:21,000
A walk-in.

2454
01:59:21,000 --> 01:59:23,000
You don't have any objection to a walk-in, sit-down

2455
01:59:23,000 --> 01:59:24,000
restaurant, right?

2456
01:59:24,000 --> 01:59:25,000
I personally don't.

2457
01:59:25,000 --> 01:59:28,000
Most of the neighbors that I've spoken to don't.

2458
01:59:28,000 --> 01:59:29,970
There was a time that this property was deed restricted,

2459
01:59:29,970 --> 01:59:32,520
that that was not allowed, that there was nothing besides

2460
01:59:32,520 --> 01:59:33,000
residential.

2461
01:59:33,000 --> 01:59:36,000
That time has passed, and we recognize that.

2462
01:59:36,000 --> 01:59:38,300
We have a -- Luigi's right across the street is a walk-in

2463
01:59:38,300 --> 01:59:39,000
restaurant.

2464
01:59:39,000 --> 01:59:41,000
Many of us dine there.

2465
01:59:41,000 --> 01:59:44,000
There are other walk-in places in the area.

2466
01:59:44,000 --> 01:59:45,560
If there was a walk-in restaurant, I'd probably go there

2467
01:59:45,560 --> 01:59:46,000
pretty often.

2468
01:59:46,000 --> 01:59:47,000
Okay.

2469
01:59:47,000 --> 01:59:50,600
So it's the drive-through aspect that bothers you to a

2470
01:59:50,600 --> 01:59:52,000
large degree, or --?

2471
01:59:52,000 --> 01:59:54,600
I would say for me personally, I don't want to speak for

2472
01:59:54,600 --> 01:59:57,000
too many of my neighbors, but I know for me personally,

2473
01:59:57,000 --> 01:59:57,000
that's the deal breaker.

2474
01:59:57,000 --> 01:59:58,000
Okay.

2475
01:59:58,000 --> 02:00:01,000
The drive-through is the traffic generator.

2476
02:00:01,000 --> 02:00:03,000
It's the trash generator.

2477
02:00:03,000 --> 02:00:05,569
People who dine in the place don't take their trash with

2478
02:00:05,569 --> 02:00:08,000
them, except for maybe a foam cup or something.

2479
02:00:08,000 --> 02:00:10,000
It's the odor generator.

2480
02:00:10,000 --> 02:00:12,840
When you talk about a fried chicken place and a burger

2481
02:00:12,840 --> 02:00:16,180
place right next to the funeral home, it's the one -- the

2482
02:00:16,180 --> 02:00:19,000
drive-through is what generates the problems.

2483
02:00:19,000 --> 02:00:20,000
Okay.

2484
02:00:20,000 --> 02:00:23,569
Now, if we had another business there, though, that would

2485
02:00:23,569 --> 02:00:27,279
utilize a drive-through, would you be opposed to that, too,

2486
02:00:27,279 --> 02:00:29,000
like a pharmacy or a bank?

2487
02:00:29,000 --> 02:00:31,010
Well, first of all, I think all of those would be allowed

2488
02:00:31,010 --> 02:00:32,000
under current zoning.

2489
02:00:32,000 --> 02:00:33,899
So I wouldn't have this opportunity to have this

2490
02:00:33,899 --> 02:00:36,000
conversation with you if they wanted to build.

2491
02:00:36,000 --> 02:00:39,279
But, no, I wouldn't, because I recognize as a property

2492
02:00:39,279 --> 02:00:42,680
owner in this area that that's what this designation is for

2493
02:00:42,680 --> 02:00:43,000
.

2494
02:00:43,000 --> 02:00:45,630
And when I bought my home, I did look at what was available

2495
02:00:45,630 --> 02:00:48,310
for a developer in this area and knew full well what could

2496
02:00:48,310 --> 02:00:49,000
go in there.

2497
02:00:49,000 --> 02:00:51,489
I believe staff told us, though, if there was a drive-

2498
02:00:51,489 --> 02:00:54,000
through on a bank, that that would require an SUP.

2499
02:00:54,000 --> 02:00:55,000
Did I hear that right?

2500
02:00:55,000 --> 02:00:56,000
That's correct.

2501
02:00:56,000 --> 02:00:57,000
Okay.

2502
02:00:57,000 --> 02:01:00,000
So it's not automatically a part of the existing zoning.

2503
02:01:00,000 --> 02:01:03,000
It has to meet certain criteria in the form of an SUP.

2504
02:01:03,000 --> 02:01:04,000
Correct.

2505
02:01:04,000 --> 02:01:05,000
Correct.

2506
02:01:05,000 --> 02:01:06,449
And I should probably tell you at this point that there

2507
02:01:06,449 --> 02:01:08,850
have been other -- we've heard directly from investors and

2508
02:01:08,850 --> 02:01:12,189
business owners in town that there's been other interest in

2509
02:01:12,189 --> 02:01:14,000
this lot at various points along the years.

2510
02:01:14,000 --> 02:01:17,140
When the deed restrictions expired in the '90s, there's

2511
02:01:17,140 --> 02:01:19,000
been other interest in this lot.

2512
02:01:19,000 --> 02:01:21,609
Mr. DeBerry may tell you about how he tried to build on

2513
02:01:21,609 --> 02:01:23,000
this lot some years ago.

2514
02:01:23,000 --> 02:01:25,670
The problem since the deed restrictions have expired with

2515
02:01:25,670 --> 02:01:28,000
the current ownership has not been the zoning.

2516
02:01:28,000 --> 02:01:31,000
Zoning has not been an impediment to development.

2517
02:01:31,000 --> 02:01:32,000
It's been the ownership.

2518
02:01:32,000 --> 02:01:33,000
Okay.

2519
02:01:33,000 --> 02:01:34,000
All right.

2520
02:01:34,000 --> 02:01:35,000
Thank you.

2521
02:01:35,000 --> 02:01:36,000
Yes, sir.

2522
02:01:36,000 --> 02:01:37,000
Thank you, sir.

2523
02:01:37,000 --> 02:01:38,000
Thank you.

2524
02:01:38,000 --> 02:01:55,220
Our next speaker is Bill DeBerry, followed by Lindsay Ke

2525
02:01:55,220 --> 02:01:59,000
ifer.

2526
02:01:59,000 --> 02:02:01,000
My name is Bill DeBerry.

2527
02:02:01,000 --> 02:02:04,920
I own DeBerry Funeral Home, which is next door to this

2528
02:02:04,920 --> 02:02:06,000
property.

2529
02:02:06,000 --> 02:02:11,000
And first of all, the traffic out there is a nightmare.

2530
02:02:11,000 --> 02:02:15,000
I don't think this gentleman did a very good study.

2531
02:02:15,000 --> 02:02:20,000
I did a study on it when I first went out there.

2532
02:02:20,000 --> 02:02:26,460
And also, as Mr. Davis stated, I had signed contracts on

2533
02:02:26,460 --> 02:02:32,409
this property to build the funeral home, and due to the

2534
02:02:32,409 --> 02:02:37,100
fact of the deed restrictions, which I only think could be

2535
02:02:37,100 --> 02:02:40,000
built on that corner at that period of time, was a

2536
02:02:40,000 --> 02:02:44,000
residence.

2537
02:02:44,000 --> 02:02:50,000
And my other concern is this.

2538
02:02:50,000 --> 02:02:57,409
There's quite a few trees between my property and what is

2539
02:02:57,409 --> 02:02:59,000
next door.

2540
02:02:59,000 --> 02:03:02,000
And they're quite large trees.

2541
02:03:02,000 --> 02:03:06,000
And I don't want them removed.

2542
02:03:06,000 --> 02:03:12,439
I don't want to smell hamburgers and fried chicken in my

2543
02:03:12,439 --> 02:03:15,000
place of business.

2544
02:03:15,000 --> 02:03:18,329
And so this is one reason why I'm opposed of it against all

2545
02:03:18,329 --> 02:03:22,000
these. There's several other things.

2546
02:03:22,000 --> 02:03:28,000
And I know it's going to cause traffic out there.

2547
02:03:28,000 --> 02:03:33,000
I sit there at my front desk.

2548
02:03:33,000 --> 02:03:36,000
I have a nightmare watching.

2549
02:03:36,000 --> 02:03:41,010
In fact, Emory Street catches quite a bit of traffic,

2550
02:03:41,010 --> 02:03:45,039
because the people will cut through my property, their own

2551
02:03:45,039 --> 02:03:50,000
university, and I have an exit on to Emory.

2552
02:03:50,000 --> 02:03:54,659
They'll just zip right through my property just like it's

2553
02:03:54,659 --> 02:03:56,000
public land.

2554
02:03:56,000 --> 02:04:00,260
That's one thing that concerns me, and it is a nightmare

2555
02:04:00,260 --> 02:04:03,000
out there, I'll guarantee you.

2556
02:04:03,000 --> 02:04:10,939
And also, there is quite a bit of green on that property

2557
02:04:10,939 --> 02:04:15,000
that's probably going to have to be removed.

2558
02:04:15,000 --> 02:04:22,529
And I have quite a bit between me and that property, and I

2559
02:04:22,529 --> 02:04:26,000
don't want it removed.

2560
02:04:26,000 --> 02:04:31,140
And so I'm sure that there's I have spoken briefly with the

2561
02:04:31,140 --> 02:04:36,000
forestry person for the city of Denton about that.

2562
02:04:36,000 --> 02:04:41,550
And I know that there's certain limitations on the size

2563
02:04:41,550 --> 02:04:44,000
that can be cut down.

2564
02:04:44,000 --> 02:04:49,960
So I am against this, because it will not be good for the

2565
02:04:49,960 --> 02:04:55,819
neighborhood, as they stated in a letter that I received

2566
02:04:55,819 --> 02:05:01,859
from them, that this these two places are going to improve

2567
02:05:01,859 --> 02:05:03,000
the neighborhood.

2568
02:05:03,000 --> 02:05:07,880
I don't think they're going to, because I have a nice

2569
02:05:07,880 --> 02:05:09,000
facility.

2570
02:05:09,000 --> 02:05:14,000
And I don't think that these places will be of any.

2571
02:05:14,000 --> 02:05:19,000
I am not against other businesses, office business.

2572
02:05:19,000 --> 02:05:23,510
I'm not against that. If somebody wants to put an office

2573
02:05:23,510 --> 02:05:24,000
there.

2574
02:05:24,000 --> 02:05:27,210
Okay. Thank you. Thank you, sir. And we've got a question

2575
02:05:27,210 --> 02:05:30,000
for you from Commissioner Beck. Thank you, Vice Chair.

2576
02:05:30,000 --> 02:05:33,000
Thank you, Mr. Barrett, for coming down and speaking.

2577
02:05:33,000 --> 02:05:35,880
Just to lay one of your concerns, the trees on your

2578
02:05:35,880 --> 02:05:39,060
property that separate the two of you, they're not going

2579
02:05:39,060 --> 02:05:40,000
anywhere.

2580
02:05:40,000 --> 02:05:43,100
They're going to stay there. There's going to be an

2581
02:05:43,100 --> 02:05:47,409
addition to think the applicant said they were going to be

2582
02:05:47,409 --> 02:05:50,000
adding some hollies, yopon hollies or something like that.

2583
02:05:50,000 --> 02:05:53,039
So you'll be keeping those trees. So just want to know. I

2584
02:05:53,039 --> 02:05:54,000
don't want those trees removed.

2585
02:05:54,000 --> 02:05:59,000
Pardon me? I don't want those trees removed. They're not.

2586
02:05:59,000 --> 02:05:59,000
They're right on the fence.

2587
02:05:59,000 --> 02:06:02,390
Right. And most of us on the PNZ here are very much pro

2588
02:06:02,390 --> 02:06:06,000
tree. So we'd be opposed to that too.

2589
02:06:06,000 --> 02:06:09,430
Your concern about traffic that it's a nightmare. Is that

2590
02:06:09,430 --> 02:06:12,460
has that always been or does that seem to be more of a

2591
02:06:12,460 --> 02:06:15,000
factor now that they're doing all the construction?

2592
02:06:15,000 --> 02:06:21,000
It was previously before. The traffic has always been

2593
02:06:21,000 --> 02:06:22,000
terrible.

2594
02:06:22,000 --> 02:06:27,000
I've been out there, what, 26 years now and it is terrible.

2595
02:06:27,000 --> 02:06:30,779
What are the improvements they're doing there on 380 or

2596
02:06:30,779 --> 02:06:32,000
alleviate that?

2597
02:06:32,000 --> 02:06:37,029
It's just like when I have a funeral procession going out,

2598
02:06:37,029 --> 02:06:41,409
we go out and go down Emory because the policemen that

2599
02:06:41,409 --> 02:06:45,939
escort the funeral service, funeral escorts, they don't

2600
02:06:45,939 --> 02:06:50,000
want to go on to university.

2601
02:06:50,000 --> 02:06:54,619
They say it's a lot safer for us to go out your rear

2602
02:06:54,619 --> 02:07:00,069
entrance and get on Emory Street and go down to Bonnebrae

2603
02:07:00,069 --> 02:07:03,000
and then turn to the south.

2604
02:07:03,000 --> 02:07:06,750
You think they'll remain that way once they've improved 380

2605
02:07:06,750 --> 02:07:10,000
? You've got three lanes out there going both ways.

2606
02:07:10,000 --> 02:07:13,000
I have no idea what the police department will do.

2607
02:07:13,000 --> 02:07:14,000
Okay. Okay.

2608
02:07:14,000 --> 02:07:16,000
But they like going out the back way.

2609
02:07:16,000 --> 02:07:18,000
I don't blame them right now.

2610
02:07:18,000 --> 02:07:19,000
Thank you, sir.

2611
02:07:19,000 --> 02:07:21,000
Thank you.

2612
02:07:21,000 --> 02:07:26,250
Our next speaker is Lindsay Kiefer. Lindsay Kiefer. I

2613
02:07:26,250 --> 02:07:29,000
apologize if I mispronounced your name.

2614
02:07:29,000 --> 02:07:42,000
Is Lindsay here?

2615
02:07:42,000 --> 02:07:47,659
Thank you, sir. And that will be followed by Bridget Corb

2616
02:07:47,659 --> 02:07:48,000
ett.

2617
02:07:48,000 --> 02:07:52,000
I am Lindsay Kiefer and I live at 815 Ector.

2618
02:07:52,000 --> 02:07:59,060
My concern with this proposition is a change in the

2619
02:07:59,060 --> 02:08:05,000
designation of the property.

2620
02:08:05,000 --> 02:08:11,119
We that live on Ector enjoy a quiet neighborhood and this

2621
02:08:11,119 --> 02:08:18,000
will bring extra traffic because the university is located,

2622
02:08:18,000 --> 02:08:23,000
University of North Texas is located, such that these

2623
02:08:23,000 --> 02:08:29,300
businesses would attract collegians and all hours, all

2624
02:08:29,300 --> 02:08:34,000
hours, up and down Ector.

2625
02:08:34,000 --> 02:08:43,340
But I want to just stress that the proposition as it exists

2626
02:08:43,340 --> 02:08:51,510
makes no provision for people who live on Ector if they

2627
02:08:51,510 --> 02:08:56,000
think that a three-foot wall is going to accomplish that.

2628
02:08:56,000 --> 02:08:59,000
That's not going to accomplish anything.

2629
02:08:59,000 --> 02:09:04,000
It's just the aspect of the businesses.

2630
02:09:04,000 --> 02:09:11,279
The property is available for other businesses, but not

2631
02:09:11,279 --> 02:09:19,630
commercial endeavors such as Popeyes, Chicken, and Whatab

2632
02:09:19,630 --> 02:09:21,000
urger.

2633
02:09:21,000 --> 02:09:27,029
I just don't think that is appropriate for the neighborhood

2634
02:09:27,029 --> 02:09:31,600
and for the others that live on Ector and in the

2635
02:09:31,600 --> 02:09:36,000
surrounding streets, not just Ector.

2636
02:09:36,000 --> 02:09:41,000
They feel the same way, or at least they should.

2637
02:09:41,000 --> 02:09:43,000
Thank you.

2638
02:09:43,000 --> 02:09:44,000
Sir, I have a question.

2639
02:09:44,000 --> 02:09:45,000
Yes.

2640
02:09:45,000 --> 02:09:47,000
How long have you lived at this address?

2641
02:09:47,000 --> 02:09:51,000
How long have I lived on Ector?

2642
02:09:51,000 --> 02:09:54,000
Since 1970.

2643
02:09:54,000 --> 02:09:55,000
Okay.

2644
02:09:55,000 --> 02:09:58,210
And how many cars do you see drive up and down Ector on any

2645
02:09:58,210 --> 02:09:59,000
given day?

2646
02:09:59,000 --> 02:10:02,000
Would you?

2647
02:10:02,000 --> 02:10:09,529
With the increase of, or the aspect of development of the

2648
02:10:09,529 --> 02:10:17,550
Razor Ranch, we've seen a remarkable number of auto traffic

2649
02:10:17,550 --> 02:10:22,000
, but not anywhere near that these would.

2650
02:10:22,000 --> 02:10:23,000
Right.

2651
02:10:23,000 --> 02:10:26,869
I think your definition of remarkable might be different

2652
02:10:26,869 --> 02:10:30,869
today than it, I mean, since you've lived in this house for

2653
02:10:30,869 --> 02:10:33,239
the last 40 or so years, because I don't live in that

2654
02:10:33,239 --> 02:10:33,789
neighborhood, but I live near your neighborhood, and I own

2655
02:10:33,789 --> 02:10:35,000
a business in your neighborhood.

2656
02:10:35,000 --> 02:10:37,630
And so I'm often traveling up and down at Ector, and I tell

2657
02:10:37,630 --> 02:10:40,199
you, it doesn't matter what time of day I'm driving, it

2658
02:10:40,199 --> 02:10:42,659
could be high noon, and I might only see one or two cars

2659
02:10:42,659 --> 02:10:44,000
that entire stretch.

2660
02:10:44,000 --> 02:10:46,390
So your definition of remarkable might, I mean, I'm

2661
02:10:46,390 --> 02:10:49,000
wondering if it was like no one was ever there before.

2662
02:10:49,000 --> 02:10:52,680
It seems like a very not a very highly traveled road given

2663
02:10:52,680 --> 02:10:55,000
the location and the size of it.

2664
02:10:55,000 --> 02:10:57,000
Would you agree with that?

2665
02:10:57,000 --> 02:11:00,000
Yes.

2666
02:11:00,000 --> 02:11:05,100
With these businesses, which are primarily of interest to

2667
02:11:05,100 --> 02:11:11,939
collegians, not exclusively, but collegians, that would

2668
02:11:11,939 --> 02:11:16,000
just increase the traffic just remarkably.

2669
02:11:16,000 --> 02:11:19,729
I think that's a very valid point. I'm just thinking of

2670
02:11:19,729 --> 02:11:21,439
where it is, where the location of UNT is, and the location

2671
02:11:21,439 --> 02:11:23,000
of Ector is just a straight shot, isn't it?

2672
02:11:23,000 --> 02:11:24,000
Yes.

2673
02:11:24,000 --> 02:11:27,000
So, yeah, thank you.

2674
02:11:27,000 --> 02:11:30,000
I see no other questions. Thank you for your time.

2675
02:11:30,000 --> 02:11:38,000
And Bridget Corbett, followed by Charlotte Davis.

2676
02:11:38,000 --> 02:11:42,640
Hi there. My name is Bridget Corbett, and I live at 1220 E

2677
02:11:42,640 --> 02:11:47,000
ctor. I'm in one block up from the proposed restaurants.

2678
02:11:47,000 --> 02:11:50,000
Many of the concerns I have have already been addressed.

2679
02:11:50,000 --> 02:11:52,579
Mr. Taylor, I'm really glad that you mentioned about buffer

2680
02:11:52,579 --> 02:11:59,000
zones, and these fast food restaurants are not comparable

2681
02:11:59,000 --> 02:12:03,000
to even the fast food restaurants that are in this stretch

2682
02:12:03,000 --> 02:12:05,000
along University,

2683
02:12:05,000 --> 02:12:09,510
in that, as you said, it opens out towards right into the

2684
02:12:09,510 --> 02:12:12,000
driveway of a house across the way.

2685
02:12:12,000 --> 02:12:15,439
But also the other fast food restaurants, I lived for a

2686
02:12:15,439 --> 02:12:18,949
time on Malone Street in the second block up from the What

2687
02:12:18,949 --> 02:12:20,000
aburger there,

2688
02:12:20,000 --> 02:12:23,729
and the Whataburger is across from a little business trip

2689
02:12:23,729 --> 02:12:26,000
there with the Dollar General.

2690
02:12:26,000 --> 02:12:29,909
Most of those other fast food restaurants, well, all of

2691
02:12:29,909 --> 02:12:33,340
them that I'm aware of, none of them are in as close

2692
02:12:33,340 --> 02:12:35,680
proximity to houses, or maybe there's some more buffer zone

2693
02:12:35,680 --> 02:12:38,000
along the creek that runs alongside there.

2694
02:12:38,000 --> 02:12:41,000
There's floodplain areas, so things are not built there.

2695
02:12:41,000 --> 02:12:44,079
But many of us who live in the Ector Street neighborhood,

2696
02:12:44,079 --> 02:12:48,079
our neighborhood is unique in that the lots, including the

2697
02:12:48,079 --> 02:12:51,000
easement, the lots are about an acre.

2698
02:12:51,000 --> 02:12:53,850
And many people don't opt to buy houses on such large lots

2699
02:12:53,850 --> 02:12:57,000
because it involves a lot of maintenance of the property.

2700
02:12:57,000 --> 02:13:00,449
But I think that many of us who bought these lots, we

2701
02:13:00,449 --> 02:13:04,319
bought them because we enjoy being out on our property and

2702
02:13:04,319 --> 02:13:06,000
using it in that way.

2703
02:13:06,000 --> 02:13:09,189
And I do know that there will be a lot more trash in our

2704
02:13:09,189 --> 02:13:11,000
neighborhood from this.

2705
02:13:11,000 --> 02:13:13,529
When I lived on Malone Street, there was always Burger King

2706
02:13:13,529 --> 02:13:14,000
trash.

2707
02:13:14,000 --> 02:13:18,390
I still get trash now at my Ector Street house from Subway,

2708
02:13:18,390 --> 02:13:22,020
apparently lost a box of napkins last week and they blew up

2709
02:13:22,020 --> 02:13:23,000
for days.

2710
02:13:23,000 --> 02:13:27,000
But one way that for me, the valuation of my property would

2711
02:13:27,000 --> 02:13:30,729
be greatly lessened is by the odor from those fast food

2712
02:13:30,729 --> 02:13:32,000
restaurants.

2713
02:13:32,000 --> 02:13:35,000
I'm outside a lot and I don't want to smell that.

2714
02:13:35,000 --> 02:13:38,270
Also, the hours that would go along with, I know I'm

2715
02:13:38,270 --> 02:13:42,149
touching on the drive-through aspect, but that certainly is

2716
02:13:42,149 --> 02:13:44,000
a very important aspect.

2717
02:13:44,000 --> 02:13:48,840
The restaurants could become 24-hour restaurants and the

2718
02:13:48,840 --> 02:13:51,000
noise from that traffic.

2719
02:13:51,000 --> 02:13:54,350
Also, there's a lot of foot traffic, parents walking, kids

2720
02:13:54,350 --> 02:13:57,000
with strollers, people walking their dogs.

2721
02:13:57,000 --> 02:14:01,640
And just the increase of traffic from that construction on

2722
02:14:01,640 --> 02:14:05,500
University has been very significant. In broad daylight, in

2723
02:14:05,500 --> 02:14:06,000
the space of one week,

2724
02:14:06,000 --> 02:14:09,850
at that intersection of Ector and Emory, there were car wre

2725
02:14:09,850 --> 02:14:12,000
cks within just a few days apart.

2726
02:14:12,000 --> 02:14:16,520
And I do not look forward to that increase in traffic that

2727
02:14:16,520 --> 02:14:20,000
would accompany these kinds of businesses.

2728
02:14:20,000 --> 02:14:23,729
I'm not opposed to business being on those lots or zoned

2729
02:14:23,729 --> 02:14:27,199
that way, but not for the drive-through aspect and the

2730
02:14:27,199 --> 02:14:29,000
other unpleasant aspects that come along with fast food.

2731
02:14:29,000 --> 02:14:32,300
Also, I very much agree with the person who said that it

2732
02:14:32,300 --> 02:14:36,000
doesn't represent balanced growth along that corridor.

2733
02:14:36,000 --> 02:14:38,000
Absolutely, it does not. Thank you.

2734
02:14:38,000 --> 02:14:41,000
Thank you.

2735
02:14:41,000 --> 02:14:59,000
Charlotte Davis, followed by Gloria Howell.

2736
02:14:59,000 --> 02:15:03,390
I'm Charlotte Davis. We live at 728 Ector at the top of the

2737
02:15:03,390 --> 02:15:04,000
hill.

2738
02:15:04,000 --> 02:15:09,550
And I guess my concern is I agree with the traffic and the

2739
02:15:09,550 --> 02:15:14,409
problem about the trash, because on Panhandle, which Pan

2740
02:15:14,409 --> 02:15:17,000
handle is the side of our lot,

2741
02:15:17,000 --> 02:15:20,930
we are constantly picking up trash from people because of

2742
02:15:20,930 --> 02:15:24,000
all the shading that this road presents.

2743
02:15:24,000 --> 02:15:27,729
We are all the time picking up the trash because it's right

2744
02:15:27,729 --> 02:15:31,000
there in our yard and it comes in, blows across.

2745
02:15:31,000 --> 02:15:37,600
And when we talk about the traffic, I think that when they

2746
02:15:37,600 --> 02:15:41,659
redid the road at the top of our hill, there would be a dip

2747
02:15:41,659 --> 02:15:42,000
.

2748
02:15:42,000 --> 02:15:46,229
Now the dip is not there because at all hours you would

2749
02:15:46,229 --> 02:15:50,430
hear this breaking, you know, because, oh my gosh, the dip

2750
02:15:50,430 --> 02:15:52,449
is there, you know, because the back of your car will be

2751
02:15:52,449 --> 02:15:54,000
torn out if you hit it.

2752
02:15:54,000 --> 02:15:57,560
It doesn't exist anymore now. So, but the speed on this

2753
02:15:57,560 --> 02:16:02,060
road is anywhere from 40 or 50 miles an hour, no matter

2754
02:16:02,060 --> 02:16:03,000
what.

2755
02:16:03,000 --> 02:16:07,119
And as you say, we have, you know, people with children and

2756
02:16:07,119 --> 02:16:10,960
I just I really think the drive through is not what we need

2757
02:16:10,960 --> 02:16:14,000
and the smell and the trash.

2758
02:16:14,000 --> 02:16:21,199
And we knew Marion and Hector Roberts next to us. And when

2759
02:16:21,199 --> 02:16:27,000
they created this property, this land, all of it was theirs

2760
02:16:27,000 --> 02:16:27,000
.

2761
02:16:27,000 --> 02:16:30,920
And the White House, which is diagonal from us, was their

2762
02:16:30,920 --> 02:16:32,000
homestead.

2763
02:16:32,000 --> 02:16:35,219
And when they built the house next to us, which is about

2764
02:16:35,219 --> 02:16:41,559
three acres that it sits on, in the 40s, as Mr. Davis has

2765
02:16:41,559 --> 02:16:42,000
said, you know,

2766
02:16:42,000 --> 02:16:47,149
the deed has changed, we had formed the association so we

2767
02:16:47,149 --> 02:16:52,000
could preserve what we have in this neighborhood.

2768
02:16:52,000 --> 02:16:56,170
I don't think there is a neighborhood like this in the city

2769
02:16:56,170 --> 02:17:00,459
of Denton because there is not one where every in front of

2770
02:17:00,459 --> 02:17:02,989
every house there is a driveway that runs all the way

2771
02:17:02,989 --> 02:17:04,000
through.

2772
02:17:04,000 --> 02:17:07,879
Everybody has, you know, that wonderful thing to where if

2773
02:17:07,879 --> 02:17:12,000
you have company, you have lots of room for people to park.

2774
02:17:12,000 --> 02:17:20,000
And so I really think that this area is very special.

2775
02:17:20,000 --> 02:17:24,729
And I've been told by a realtor that within 10 or 15 years

2776
02:17:24,729 --> 02:17:28,010
that they're going to come in and start knocking these

2777
02:17:28,010 --> 02:17:29,000
houses down

2778
02:17:29,000 --> 02:17:33,000
and building two and three and five million dollar houses

2779
02:17:33,000 --> 02:17:36,680
like they did over in Dallas simply because there are no

2780
02:17:36,680 --> 02:17:39,000
lots like this anywhere in Denton.

2781
02:17:39,000 --> 02:17:43,229
And so we are trying to, we would really like to preserve

2782
02:17:43,229 --> 02:17:44,000
this area.

2783
02:17:44,000 --> 02:17:47,379
And I really think a nice restaurant or another doctor

2784
02:17:47,379 --> 02:17:51,059
office or anything like that would be very appropriate for

2785
02:17:51,059 --> 02:17:52,000
that area.

2786
02:17:52,000 --> 02:17:55,790
So thank you so much. Thank you. And Ms. Davis, I actually

2787
02:17:55,790 --> 02:17:57,000
have a question for you.

2788
02:17:57,000 --> 02:17:59,079
You seem to know a lot about the history of this

2789
02:17:59,079 --> 02:18:00,000
neighborhood.

2790
02:18:00,000 --> 02:18:03,940
Okay. Yeah. And you had mentioned there was a neighborhood

2791
02:18:03,940 --> 02:18:05,000
association that you all form.

2792
02:18:05,000 --> 02:18:08,159
Okay. So my question is, well, could you give me maybe an

2793
02:18:08,159 --> 02:18:09,000
update on that?

2794
02:18:09,000 --> 02:18:12,979
I remember reading several years ago that there was a

2795
02:18:12,979 --> 02:18:16,000
proposal for to create a small area plan.

2796
02:18:16,000 --> 02:18:18,079
And I'm not sure if that encompassed this particular

2797
02:18:18,079 --> 02:18:20,399
neighborhood, if it was the neighborhood just to the west

2798
02:18:20,399 --> 02:18:21,000
of that.

2799
02:18:21,000 --> 02:18:23,000
Are you familiar with any of that?

2800
02:18:23,000 --> 02:18:26,500
Well, I think we created the association simply because

2801
02:18:26,500 --> 02:18:29,000
they were trying to take the White House,

2802
02:18:29,000 --> 02:18:33,510
which I said was the homestead house, and turn it into more

2803
02:18:33,510 --> 02:18:37,010
or less like a place where they were going to have

2804
02:18:37,010 --> 02:18:38,000
apartments

2805
02:18:38,000 --> 02:18:43,200
and have lots of driveways and stuff and lots of cars and

2806
02:18:43,200 --> 02:18:46,280
other where they could rent out to a lot of people, a lot

2807
02:18:46,280 --> 02:18:47,000
of students.

2808
02:18:47,000 --> 02:18:48,000
That's what they were wanting to do.

2809
02:18:48,000 --> 02:18:52,659
And so instead of that happening, we were able to stop that

2810
02:18:52,659 --> 02:18:55,360
. And then they just took the house and redid the house and

2811
02:18:55,360 --> 02:18:57,000
created that.

2812
02:18:57,000 --> 02:19:00,000
Now, I'm not sure exactly. I know Ms. Kiefer might know.

2813
02:19:00,000 --> 02:19:03,000
Marsha, would you know what she's talking about?

2814
02:19:03,000 --> 02:19:04,000
I do.

2815
02:19:04,000 --> 02:19:05,000
You do. Okay.

2816
02:19:05,000 --> 02:19:07,000
Well, sorry. I'm sorry. Well, can we --

2817
02:19:07,000 --> 02:19:09,000
In just a second. She knows what you're talking about.

2818
02:19:09,000 --> 02:19:12,000
I'm not sure what protocol is for some of that.

2819
02:19:12,000 --> 02:19:14,000
But the small area that you were talking about.

2820
02:19:14,000 --> 02:19:21,139
But we just knew Marion next door when we moved in in '88,

2821
02:19:21,139 --> 02:19:26,000
because we had a house on Thomas that we lived in from '71.

2822
02:19:26,000 --> 02:19:30,520
And then we just moved the two blocks over. And Marion was

2823
02:19:30,520 --> 02:19:35,000
there, and she was there about two years.

2824
02:19:35,000 --> 02:19:38,000
And then Ms. Brody was across the street.

2825
02:19:38,000 --> 02:19:41,100
And then the house on the corner, which is next to Ms.

2826
02:19:41,100 --> 02:19:44,000
Robert's house, that was an original house.

2827
02:19:44,000 --> 02:19:47,000
I think Heidi and her husband are the second owners.

2828
02:19:47,000 --> 02:19:50,729
So the houses have not changed that much. We've been in

2829
02:19:50,729 --> 02:19:52,000
ours 26 years.

2830
02:19:52,000 --> 02:19:58,000
So as far as the neighborhoods staying, I really think --

2831
02:19:58,000 --> 02:20:00,750
The point of my question is that I very much agree with you

2832
02:20:00,750 --> 02:20:05,000
. It's a very unique neighborhood in Denton.

2833
02:20:05,000 --> 02:20:08,360
It's got houses of all sizes and lot sizes, really kind of

2834
02:20:08,360 --> 02:20:12,520
quirky, kind of renovated old barns that have been turned

2835
02:20:12,520 --> 02:20:13,000
into --

2836
02:20:13,000 --> 02:20:15,000
It's a really unique neighborhood.

2837
02:20:15,000 --> 02:20:17,389
And I agree with you. I'd like to see that preserved

2838
02:20:17,389 --> 02:20:18,000
somehow.

2839
02:20:18,000 --> 02:20:21,079
And I was wondering if you had had an update, perhaps, on

2840
02:20:21,079 --> 02:20:23,290
any efforts to -- that working along with the city to

2841
02:20:23,290 --> 02:20:24,000
preserve that.

2842
02:20:24,000 --> 02:20:26,879
And maybe if you all are planning on coming down to speak,

2843
02:20:26,879 --> 02:20:29,000
I can continue to ask those questions.

2844
02:20:29,000 --> 02:20:31,799
But I would encourage maybe the neighborhood to pursue that

2845
02:20:31,799 --> 02:20:32,000
.

2846
02:20:32,000 --> 02:20:34,000
Anyway, that was my question.

2847
02:20:34,000 --> 02:20:36,000
I do not know about that. I'm sorry.

2848
02:20:36,000 --> 02:20:38,739
Sorry to put you in the hot seat like that. I appreciate

2849
02:20:38,739 --> 02:20:40,000
for playing along. Thank you.

2850
02:20:40,000 --> 02:20:42,000
All right. Thank you. Thank you.

2851
02:20:42,000 --> 02:20:50,600
Our next speaker is Gloria Howell, followed by Alex

2852
02:20:50,600 --> 02:20:53,000
Alexander.

2853
02:20:53,000 --> 02:20:57,870
Thank you. My name is Gloria Howell, and I live at 1216 ECH

2854
02:20:57,870 --> 02:21:01,000
RA, which is within the 500 feet.

2855
02:21:01,000 --> 02:21:04,979
I will say that recently my husband and I are moving back

2856
02:21:04,979 --> 02:21:08,000
into his childhood home, the home he grew up in.

2857
02:21:08,000 --> 02:21:14,530
He and his family moved to that house in 1965, just around

2858
02:21:14,530 --> 02:21:16,000
the corner.

2859
02:21:16,000 --> 02:21:19,209
Three years before that, they lived on Westchester, so he

2860
02:21:19,209 --> 02:21:21,000
grew up in that neighborhood.

2861
02:21:21,000 --> 02:21:28,000
We moved back into the home after his mother passed.

2862
02:21:28,000 --> 02:21:32,610
We specifically want to live in that area because of the

2863
02:21:32,610 --> 02:21:35,000
type of neighborhood it is.

2864
02:21:35,000 --> 02:21:38,000
It's a nice, quiet, calm neighborhood.

2865
02:21:38,000 --> 02:21:42,139
And if we put businesses like fast food restaurants, not

2866
02:21:42,139 --> 02:21:44,000
only are we going to get the college traffic,

2867
02:21:44,000 --> 02:21:48,000
we're also going to get Dittenheim traffic.

2868
02:21:48,000 --> 02:21:53,000
So that's even more traffic during the day.

2869
02:21:53,000 --> 02:21:58,010
And yes, they say they're going to close at 10 o'clock now,

2870
02:21:58,010 --> 02:21:59,000
but once they get it built,

2871
02:21:59,000 --> 02:22:02,870
there's no laws that are going to restrict them from

2872
02:22:02,870 --> 02:22:06,000
changing it to a 24-hour service.

2873
02:22:06,000 --> 02:22:11,549
And it's clear to me that if the other Burger King in town

2874
02:22:11,549 --> 02:22:14,000
stays open until 11,

2875
02:22:14,000 --> 02:22:18,000
that you really don't think it's going to take very long

2876
02:22:18,000 --> 02:22:20,000
for this one to decide.

2877
02:22:20,000 --> 02:22:23,000
And they're going to stay open until 11 also.

2878
02:22:23,000 --> 02:22:27,520
Specifically, the things that I object to are the drive-

2879
02:22:27,520 --> 02:22:28,000
through,

2880
02:22:28,000 --> 02:22:33,280
and there's a big, huge, clear difference between a bank

2881
02:22:33,280 --> 02:22:35,000
drive-through,

2882
02:22:35,000 --> 02:22:39,120
a dry cleaning drive-through, and a fast food restaurant

2883
02:22:39,120 --> 02:22:40,000
drive-through.

2884
02:22:40,000 --> 02:22:44,000
Huge difference.

2885
02:22:44,000 --> 02:22:48,120
As people have already said, there's just so much traffic,

2886
02:22:48,120 --> 02:22:50,000
maybe not up and down Ector,

2887
02:22:50,000 --> 02:22:53,000
but right there at Ector and University.

2888
02:22:53,000 --> 02:22:55,000
Huge traffic problems.

2889
02:22:55,000 --> 02:22:58,000
It's hard to get out on University.

2890
02:22:58,000 --> 02:23:02,750
Right now, I know a lot of it is because of the development

2891
02:23:02,750 --> 02:23:03,000
,

2892
02:23:03,000 --> 02:23:09,530
but we really don't need more of that type of traffic

2893
02:23:09,530 --> 02:23:15,000
coming onto Ector and onto Emory Street.

2894
02:23:15,000 --> 02:23:18,000
I'm concerned again about all of the trash.

2895
02:23:18,000 --> 02:23:19,000
They stay.

2896
02:23:19,000 --> 02:23:23,610
They're going to put trash cans at the end of their

2897
02:23:23,610 --> 02:23:27,000
properties, but you know what?

2898
02:23:27,000 --> 02:23:29,729
That's maybe a nice effort, but who's going to be the

2899
02:23:29,729 --> 02:23:31,000
police to make sure

2900
02:23:31,000 --> 02:23:34,000
that the people actually use those trash cans?

2901
02:23:34,000 --> 02:23:36,000
The smell.

2902
02:23:36,000 --> 02:23:39,139
I don't want to go outside my front door and smell BO and

2903
02:23:39,139 --> 02:23:40,000
think, is that me?

2904
02:23:40,000 --> 02:23:42,000
Do I need to go back in and take a shower?

2905
02:23:42,000 --> 02:23:46,000
Oh, no, it's Popeyes.

2906
02:23:46,000 --> 02:23:51,799
Like it's been said, there's plenty of places very close to

2907
02:23:51,799 --> 02:23:55,000
the current location they want.

2908
02:23:55,000 --> 02:23:59,000
They wouldn't have the opposition they have.

2909
02:23:59,000 --> 02:24:01,000
Anyway, thank you for your time.

2910
02:24:01,000 --> 02:24:04,000
Thank you.

2911
02:24:04,000 --> 02:24:12,000
Our next speaker is Alex Alexander followed by Mary Marino.

2912
02:24:12,000 --> 02:24:14,000
Hi, my name is Alex Alexander.

2913
02:24:14,000 --> 02:24:19,030
I'm a resident of 1220 Ector, which is in the 500-foot zone

2914
02:24:19,030 --> 02:24:21,000
from the proposed change.

2915
02:24:21,000 --> 02:24:24,989
I won't take my whole time because I just want to reiterate

2916
02:24:24,989 --> 02:24:27,000
support for many of the excellent points

2917
02:24:27,000 --> 02:24:30,000
that have been made tonight, and so I won't take that time.

2918
02:24:30,000 --> 02:24:33,000
I just did want to point out a couple of things.

2919
02:24:33,000 --> 02:24:37,110
The gentleman who presented the traffic study mentioned, I

2920
02:24:37,110 --> 02:24:41,000
think, the number 10 to 13 cars.

2921
02:24:41,000 --> 02:24:44,729
First of all, it's actually higher, I think, just on inter

2922
02:24:44,729 --> 02:24:46,000
ocular analysis,

2923
02:24:46,000 --> 02:24:49,989
but it's also typically much higher than that already

2924
02:24:49,989 --> 02:24:53,000
because a lot of cars are avoiding that intersection area

2925
02:24:53,000 --> 02:24:56,000
because of the construction on University Drive.

2926
02:24:56,000 --> 02:25:00,610
I don't think that was a representative number having lived

2927
02:25:00,610 --> 02:25:03,000
there almost 10 years.

2928
02:25:03,000 --> 02:25:04,479
Also, just to touch on the trash can, trash is a

2929
02:25:04,479 --> 02:25:08,000
significant issue in the area for the drive-through.

2930
02:25:08,000 --> 02:25:10,000
It's a quality of life issue.

2931
02:25:10,000 --> 02:25:14,520
Hardly a day goes by there's not trash on the curb or

2932
02:25:14,520 --> 02:25:17,000
having blown into our yard.

2933
02:25:17,000 --> 02:25:24,629
Frankly, the idea to put trash cans doesn't address the

2934
02:25:24,629 --> 02:25:28,000
concerns of the residents

2935
02:25:28,000 --> 02:25:31,079
because people will go through the drive-through, again,

2936
02:25:31,079 --> 02:25:34,000
the drive-through, which is what we don't want,

2937
02:25:34,000 --> 02:25:37,079
eat the food on their way home or wherever they're going,

2938
02:25:37,079 --> 02:25:39,000
and then throw it out the window when they finish it.

2939
02:25:39,000 --> 02:25:43,709
The neighborhood is full of that kind of trash because of

2940
02:25:43,709 --> 02:25:48,780
the proximity of so many fast food establishments in the

2941
02:25:48,780 --> 02:25:51,000
area already.

2942
02:25:51,000 --> 02:25:53,700
I just wanted to maybe make the point that there's really

2943
02:25:53,700 --> 02:25:56,000
no benefit to the neighborhood residents.

2944
02:25:56,000 --> 02:26:00,000
There may be a punitive benefit to the citizens at large,

2945
02:26:00,000 --> 02:26:04,000
but I would even challenge that because as we know,

2946
02:26:04,000 --> 02:26:07,860
we know by now that fast foods are the lowest paying, low

2947
02:26:07,860 --> 02:26:09,000
paying jobs.

2948
02:26:09,000 --> 02:26:12,000
They're dead-end jobs.

2949
02:26:12,000 --> 02:26:14,000
The food is unhealthy.

2950
02:26:14,000 --> 02:26:17,450
Even to the community at large, I challenge someone to say

2951
02:26:17,450 --> 02:26:20,000
this is a real benefit to the community.

2952
02:26:20,000 --> 02:26:21,000
I don't feel it is.

2953
02:26:21,000 --> 02:26:26,370
I don't feel it shouldn't be or become a city of fast food

2954
02:26:26,370 --> 02:26:32,000
restaurants, even if it is on a major arterial.

2955
02:26:32,000 --> 02:26:35,309
I also just wanted to comment on the spirit and an

2956
02:26:35,309 --> 02:26:40,000
enthusiastic presentation by Ms. Wyatt tonight,

2957
02:26:40,000 --> 02:26:44,149
and strong support, it sounded like to me, of the proposed

2958
02:26:44,149 --> 02:26:45,000
change.

2959
02:26:45,000 --> 02:26:48,809
A little baffled by that when so much of the community

2960
02:26:48,809 --> 02:26:52,979
input or neighborhood input has been that we don't want the

2961
02:26:52,979 --> 02:26:54,000
drive-through.

2962
02:26:54,000 --> 02:26:56,000
I just want to point out that she did not appear.

2963
02:26:56,000 --> 02:26:58,000
I didn't hear her address the drive-through aspect.

2964
02:26:58,000 --> 02:27:02,090
She addressed the ADP, but I didn't hear her address really

2965
02:27:02,090 --> 02:27:05,409
the significant concerns which surrounded around the drive-

2966
02:27:05,409 --> 02:27:07,000
through aspect of this.

2967
02:27:07,000 --> 02:27:09,000
So anyway, thank you so much.

2968
02:27:09,000 --> 02:27:14,000
Thank you, sir.

2969
02:27:14,000 --> 02:27:17,000
Our next speaker is Mary Marino.

2970
02:27:17,000 --> 02:27:18,000
Oh, pardon me.

2971
02:27:18,000 --> 02:27:19,000
Thank you.

2972
02:27:19,000 --> 02:27:20,000
Thank you.

2973
02:27:20,000 --> 02:27:21,000
I'm sorry.

2974
02:27:21,000 --> 02:27:22,000
It's in the wrong pile.

2975
02:27:22,000 --> 02:27:26,030
I wrote that you oppose commercial development on or near E

2976
02:27:26,030 --> 02:27:29,000
ctor Street, so that's in opposition.

2977
02:27:29,000 --> 02:27:32,850
And I have two because you thank you 5D and 4C, both in

2978
02:27:32,850 --> 02:27:34,000
opposition.

2979
02:27:34,000 --> 02:27:39,000
The next speaker is Nikki Barnes.

2980
02:27:39,000 --> 02:27:40,000
I'm sorry.

2981
02:27:40,000 --> 02:27:41,000
Did I grab the wrong pile?

2982
02:27:41,000 --> 02:27:43,000
Maybe I have moved on to the next pile.

2983
02:27:43,000 --> 02:27:44,000
Okay.

2984
02:27:44,000 --> 02:27:45,000
I'm sorry.

2985
02:27:45,000 --> 02:27:46,000
I'm new to this job.

2986
02:27:46,000 --> 02:27:48,000
I'm the vice chair, so I got the hot seat today.

2987
02:27:48,000 --> 02:27:49,000
Thank you.

2988
02:27:49,000 --> 02:27:50,000
Okay.

2989
02:27:50,000 --> 02:27:51,000
So Nikki says that she's in opposition.

2990
02:27:51,000 --> 02:27:53,469
This is a residential neighborhood with lots of pedestrian

2991
02:27:53,469 --> 02:27:54,000
traffic.

2992
02:27:54,000 --> 02:27:55,979
A drive-through is not conducive to this environment with

2993
02:27:55,979 --> 02:27:57,000
direct contact to homes.

2994
02:27:57,000 --> 02:28:00,280
This type of property will bring down property values, the

2995
02:28:00,280 --> 02:28:02,000
lighting in the parking lot, and

2996
02:28:02,000 --> 02:28:05,729
headlights from cars driving through will affect the nearby

2997
02:28:05,729 --> 02:28:07,000
property owners.

2998
02:28:07,000 --> 02:28:11,000
Paul Barnes also not wishing to speak, but in opposition.

2999
02:28:11,000 --> 02:28:13,000
The proposed site has a lot of pedestrian traffic.

3000
02:28:13,000 --> 02:28:15,129
The proposed business will increase traffic in a

3001
02:28:15,129 --> 02:28:17,000
predominantly residential area of Ector

3002
02:28:17,000 --> 02:28:21,729
Street, which I feel will have a negative impact on

3003
02:28:21,729 --> 02:28:24,000
pedestrian traffic.

3004
02:28:24,000 --> 02:28:27,440
Karen McCormick not wishing to speak, but also in

3005
02:28:27,440 --> 02:28:30,000
opposition of both 5D and 4C.

3006
02:28:30,000 --> 02:28:32,000
I am in opposition of the request.

3007
02:28:32,000 --> 02:28:34,540
Ector neighborhood is an NR1, and this type of business

3008
02:28:34,540 --> 02:28:36,000
would not be conducive, and it

3009
02:28:36,000 --> 02:28:40,000
would increase traffic.

3010
02:28:40,000 --> 02:28:44,600
Mary McCormick in opposition of both 5D and 4C, I am in

3011
02:28:44,600 --> 02:28:47,000
opposition of the request for

3012
02:28:47,000 --> 02:28:51,000
having Popeyes/Burger King on Ector and University.

3013
02:28:51,000 --> 02:28:53,000
R Street Ector is NR1.

3014
02:28:53,000 --> 02:28:55,000
The requested businesses do not fit.

3015
02:28:55,000 --> 02:29:02,489
The businesses would be noisy at night and increase traffic

3016
02:29:02,489 --> 02:29:03,000
.

3017
02:29:03,000 --> 02:29:06,850
Marilyn Manning not wishing to speak, but in opposition of

3018
02:29:06,850 --> 02:29:08,000
5D and 4C.

3019
02:29:08,000 --> 02:29:10,190
I am opposed to having drive-through restaurant on the

3020
02:29:10,190 --> 02:29:15,000
corner of Ector and University.

3021
02:29:15,000 --> 02:29:20,000
Scott Sellers in opposition of both 4C and 5D.

3022
02:29:20,000 --> 02:29:22,000
Poor choice for a unique neighborhood.

3023
02:29:22,000 --> 02:29:24,000
Do not want 24-hour drive-throughs.

3024
02:29:24,000 --> 02:29:28,520
Keep to original plan of low traffic development that

3025
02:29:28,520 --> 02:29:31,000
closes at reasonable hour.

3026
02:29:31,000 --> 02:29:38,000
Marcia Kiefer in opposition of both 4C and 5D.

3027
02:29:38,000 --> 02:29:44,000
No entry/exit on Ector.

3028
02:29:44,000 --> 02:29:48,000
Katherine M. Dawson in opposition of 5D and 4C.

3029
02:29:48,000 --> 02:29:51,000
Don't trash our quiet tranquil neighborhood.

3030
02:29:51,000 --> 02:29:54,000
Our street has well-kept nice homes, nice yards.

3031
02:29:54,000 --> 02:29:59,000
We do not need traffic, smells, lights, trash, et cetera.

3032
02:29:59,000 --> 02:30:05,000
Heidi Robinson in opposition of 4C and 5D.

3033
02:30:05,000 --> 02:30:07,000
I strongly disapprove.

3034
02:30:07,000 --> 02:30:09,579
And then I have a stack of cards here, and I'm not sure if

3035
02:30:09,579 --> 02:30:10,000
these people would like to speak,

3036
02:30:10,000 --> 02:30:12,000
so I'm just going to read.

3037
02:30:12,000 --> 02:30:13,000
Donald Bounds.

3038
02:30:13,000 --> 02:30:15,000
I believe you already spoke, didn't you, sir?

3039
02:30:15,000 --> 02:30:16,000
Where's Donald?

3040
02:30:16,000 --> 02:30:19,000
Yes, you already spoke.

3041
02:30:19,000 --> 02:30:22,000
And he was in support.

3042
02:30:22,000 --> 02:30:28,000
Miguel Villarreal in support.

3043
02:30:28,000 --> 02:30:31,000
Lauren Glespie.

3044
02:30:31,000 --> 02:30:32,000
She does wish to speak.

3045
02:30:32,000 --> 02:30:34,000
Is Lauren here?

3046
02:30:34,000 --> 02:30:35,000
Thank you.

3047
02:30:35,000 --> 02:30:39,000
Would you like to approach?

3048
02:30:39,000 --> 02:30:40,000
Okay.

3049
02:30:40,000 --> 02:30:42,000
You are in support, though.

3050
02:30:42,000 --> 02:30:43,000
Duly noted.

3051
02:30:43,000 --> 02:30:46,000
Thank you, ma'am.

3052
02:30:46,000 --> 02:30:49,000
Armando Picachios.

3053
02:30:49,000 --> 02:30:50,000
That would be you.

3054
02:30:50,000 --> 02:30:51,000
Hello, sir.

3055
02:30:51,000 --> 02:30:52,000
Hello again.

3056
02:30:52,000 --> 02:30:56,000
You did speak in support.

3057
02:30:56,000 --> 02:31:00,000
Lisa Van Horn does not wish to speak.

3058
02:31:00,000 --> 02:31:02,000
She is in opposition of both 4C and 5D.

3059
02:31:02,000 --> 02:31:06,000
The high traffic nature of the proposed businesses would be

3060
02:31:06,000 --> 02:31:09,000
detrimental to the neighborhood.

3061
02:31:09,000 --> 02:31:11,920
And Kathy McMullen does not wish to speak but is in

3062
02:31:11,920 --> 02:31:15,000
opposition of -- you do wish to speak.

3063
02:31:15,000 --> 02:31:16,000
I'm sorry.

3064
02:31:16,000 --> 02:31:17,000
Please, go ahead.

3065
02:31:17,000 --> 02:31:19,000
Thank you.

3066
02:31:19,000 --> 02:31:29,000
Hello.

3067
02:31:29,000 --> 02:31:30,000
My name is Kathy McMullen.

3068
02:31:30,000 --> 02:31:32,000
I live at 815 Ector Street.

3069
02:31:32,000 --> 02:31:34,579
I've been asked by many people when you moved into this

3070
02:31:34,579 --> 02:31:37,100
area, there was an expectation that there would be

3071
02:31:37,100 --> 02:31:39,000
commercial development, which there was.

3072
02:31:39,000 --> 02:31:40,000
There is an expectation.

3073
02:31:40,000 --> 02:31:42,000
We looked at that before we moved here.

3074
02:31:42,000 --> 02:31:45,520
But there was also an expectation that the city would also

3075
02:31:45,520 --> 02:31:49,209
protect the character of our neighborhood and our property

3076
02:31:49,209 --> 02:31:50,000
values.

3077
02:31:50,000 --> 02:31:54,520
Ector Street has become pretty unwalkable now due to the

3078
02:31:54,520 --> 02:31:57,000
construction on 380.

3079
02:31:57,000 --> 02:31:59,000
And I'm hoping that that will die down.

3080
02:31:59,000 --> 02:32:01,799
I mean, really, at night I don't walk -- you're looking at

3081
02:32:01,799 --> 02:32:05,000
people going 40 or 50 miles an hour up Ector Street.

3082
02:32:05,000 --> 02:32:07,219
So I was hoping that once the construction was over, our

3083
02:32:07,219 --> 02:32:09,510
neighborhood would die back down into a walkable

3084
02:32:09,510 --> 02:32:10,000
neighborhood.

3085
02:32:10,000 --> 02:32:12,959
I don't see that happening with the drive-through dumping

3086
02:32:12,959 --> 02:32:14,000
onto our street.

3087
02:32:14,000 --> 02:32:16,270
The noise -- I've talked to some people who live back

3088
02:32:16,270 --> 02:32:19,149
behind Malone on the water burger, two and three blocks

3089
02:32:19,149 --> 02:32:20,000
from the water burger,

3090
02:32:20,000 --> 02:32:22,309
and they can tell you at 10 o'clock at night what people

3091
02:32:22,309 --> 02:32:24,000
are ordering over that microphone.

3092
02:32:24,000 --> 02:32:26,000
So it is noisy.

3093
02:32:26,000 --> 02:32:27,000
You can hear that.

3094
02:32:27,000 --> 02:32:29,000
And there's really no way to mitigate that.

3095
02:32:29,000 --> 02:32:32,219
As far as the odors go, when my husband and I first moved

3096
02:32:32,219 --> 02:32:35,000
here about seven years ago, we were looking at homes,

3097
02:32:35,000 --> 02:32:38,479
and we saw a home in Southridge that was about $100,000

3098
02:32:38,479 --> 02:32:40,000
less than the other homes.

3099
02:32:40,000 --> 02:32:42,000
So we were like, wow, we can't believe that.

3100
02:32:42,000 --> 02:32:43,579
We're going to go over and we're going to look at that

3101
02:32:43,579 --> 02:32:44,000
house.

3102
02:32:44,000 --> 02:32:46,000
We walked all the way through it.

3103
02:32:46,000 --> 02:32:47,000
We thought it was a great value.

3104
02:32:47,000 --> 02:32:49,879
We walked down into the backyard, and we were hit with the

3105
02:32:49,879 --> 02:32:53,000
odor of Jack in the Box and the speaker sounds,

3106
02:32:53,000 --> 02:32:57,250
and we said there's no way that we would pay for this home

3107
02:32:57,250 --> 02:33:01,000
to live right behind a fast food restaurant.

3108
02:33:01,000 --> 02:33:04,229
The last point is that this has been referred to a lot as a

3109
02:33:04,229 --> 02:33:06,739
corridor, but you have to understand that this is our

3110
02:33:06,739 --> 02:33:08,000
neighborhood.

3111
02:33:08,000 --> 02:33:09,000
This is not a corridor.

3112
02:33:09,000 --> 02:33:11,389
This is where we walk our dogs, where people walk their

3113
02:33:11,389 --> 02:33:13,000
children, where they play in the yard,

3114
02:33:13,000 --> 02:33:15,000
where we sit in our yard and where we barbecue.

3115
02:33:15,000 --> 02:33:18,209
And to put a fast food restaurant with a drive-through on N

3116
02:33:18,209 --> 02:33:20,000
ectar Street in that close proximity,

3117
02:33:20,000 --> 02:33:23,000
I believe, would turn our neighborhood into a corridor.

3118
02:33:23,000 --> 02:33:25,000
So I'm opposing both of these.

3119
02:33:25,000 --> 02:33:27,000
Thank you.

3120
02:33:27,000 --> 02:33:29,000
Thank you.

3121
02:33:29,000 --> 02:33:32,000
I'm out of cards, but this is a public hearing.

3122
02:33:32,000 --> 02:33:34,329
So if there's anyone else who hasn't gotten an opportunity

3123
02:33:34,329 --> 02:33:40,159
to speak yet, now is your chance if you'd like to approach

3124
02:33:40,159 --> 02:33:42,000
the podium.

3125
02:33:42,000 --> 02:33:43,979
And if you could please state your name and address for the

3126
02:33:43,979 --> 02:33:45,000
record, please, sir.

3127
02:33:45,000 --> 02:33:48,000
My name is Jay Howell.

3128
02:33:48,000 --> 02:33:52,000
I live at 1216 Nectar.

3129
02:33:52,000 --> 02:33:57,959
I would just pretty much like to reinforce what I've heard

3130
02:33:57,959 --> 02:34:02,000
so far, which are my concerns also.

3131
02:34:02,000 --> 02:34:06,000
I understand that eventually something will be built there.

3132
02:34:06,000 --> 02:34:10,790
And if it was me personally, I could see no problem with

3133
02:34:10,790 --> 02:34:16,030
what we have at the other end of Emory or Emory and Bonnie

3134
02:34:16,030 --> 02:34:18,000
Bray are there.

3135
02:34:18,000 --> 02:34:21,000
There's some office buildings, some kind down there.

3136
02:34:21,000 --> 02:34:23,000
It's not obnoxious.

3137
02:34:23,000 --> 02:34:24,000
It's not objectionable.

3138
02:34:24,000 --> 02:34:27,399
And if that kind of thing were to be proposed there, it

3139
02:34:27,399 --> 02:34:30,000
would not be the same kind of problem.

3140
02:34:30,000 --> 02:34:34,510
But a fast food restaurant will bring with it all of these

3141
02:34:34,510 --> 02:34:39,000
problems we've heard mentioned, the smell, if you've ever

3142
02:34:39,000 --> 02:34:40,000
noticed it,

3143
02:34:40,000 --> 02:34:42,729
just certain areas around where you have a high

3144
02:34:42,729 --> 02:34:46,000
concentration of these kind of things, it smells.

3145
02:34:46,000 --> 02:34:50,610
The trash, we already have trash from other fast food

3146
02:34:50,610 --> 02:34:55,000
restaurants that we get in our yard all the time.

3147
02:34:55,000 --> 02:34:59,000
And this would only make it that much worse.

3148
02:34:59,000 --> 02:35:04,100
The noise, like one lady just said, being able to hear them

3149
02:35:04,100 --> 02:35:07,000
order their food from, I mean,

3150
02:35:07,000 --> 02:35:12,100
we're at the fifth house up from where this would be, and

3151
02:35:12,100 --> 02:35:16,000
we're within the 500 foot range.

3152
02:35:16,000 --> 02:35:21,690
The light pollution, like when I first moved in here in '65

3153
02:35:21,690 --> 02:35:25,180
, there was nothing down at the end of Vector Street but

3154
02:35:25,180 --> 02:35:27,000
three foot high Johnson grass.

3155
02:35:27,000 --> 02:35:30,000
And there was no development out there.

3156
02:35:30,000 --> 02:35:34,610
We didn't buy the thing with any anticipation that it would

3157
02:35:34,610 --> 02:35:38,000
ever be developed into something like this.

3158
02:35:38,000 --> 02:35:42,899
And as far as the traffic study, one of my main concerns is

3159
02:35:42,899 --> 02:35:49,000
the traffic because you speak of a primary arterial,

3160
02:35:49,000 --> 02:35:53,000
which is University Drive and Vector Street as a collector.

3161
02:35:53,000 --> 02:35:57,940
I'm not really sure what that term means, but the traffic

3162
02:35:57,940 --> 02:36:02,569
study right now is like taking a study of something that's

3163
02:36:02,569 --> 02:36:05,000
not the way it's going to be.

3164
02:36:05,000 --> 02:36:10,030
And in other words, what it is right now is going to be a

3165
02:36:10,030 --> 02:36:12,000
lot worse if those two restaurants were there.

3166
02:36:12,000 --> 02:36:14,799
If you did a traffic study, you'd find out it's an undes

3167
02:36:14,799 --> 02:36:16,000
irable condition.

3168
02:36:16,000 --> 02:36:20,610
And as far as the -- it's almost like you expect nobody to

3169
02:36:20,610 --> 02:36:25,000
come from the south of University to these restaurants.

3170
02:36:25,000 --> 02:36:32,200
And like others have said, the North Texas crowd, the high

3171
02:36:32,200 --> 02:36:36,829
school kids, anybody to the south of University from Bonnie

3172
02:36:36,829 --> 02:36:40,000
Gray over to, you know,

3173
02:36:40,000 --> 02:36:42,500
as far as you want to go, anybody from the south is going

3174
02:36:42,500 --> 02:36:45,000
to come -- a lot of them are going to come right down V

3175
02:36:45,000 --> 02:36:45,000
ector.

3176
02:36:45,000 --> 02:36:48,969
At some point to get to that if you put an access point

3177
02:36:48,969 --> 02:36:50,000
that way.

3178
02:36:50,000 --> 02:36:52,590
So I really -- I don't think any of us in the area that

3179
02:36:52,590 --> 02:36:56,530
live there want a drive-through restaurant right there at

3180
02:36:56,530 --> 02:37:01,000
that location for all of the previously stated reasons.

3181
02:37:01,000 --> 02:37:05,729
And I would just want to ask you all if this was to be on

3182
02:37:05,729 --> 02:37:10,340
the end of your street, would you be in favor of it under

3183
02:37:10,340 --> 02:37:12,000
those conditions?

3184
02:37:12,000 --> 02:37:13,000
Thank you.

3185
02:37:13,000 --> 02:37:17,000
>> Thank you, sir.

3186
02:37:17,000 --> 02:37:18,000
This is a public hearing.

3187
02:37:18,000 --> 02:37:27,309
If you'd like to speak on this item, you're welcome to do

3188
02:37:27,309 --> 02:37:29,000
so now.

3189
02:37:29,000 --> 02:37:30,000
>> Hi, my name is Calvin Ballinger.

3190
02:37:30,000 --> 02:37:33,000
I live at 1228 Hillcrest.

3191
02:37:33,000 --> 02:37:36,729
This -- I think it's right outside the 200-foot zone, but

3192
02:37:36,729 --> 02:37:39,000
it's very, very close to my property.

3193
02:37:39,000 --> 02:37:42,000
I'm definitely opposed to this.

3194
02:37:42,000 --> 02:37:45,979
I'm just by virtue of the fact that a drive-through will

3195
02:37:45,979 --> 02:37:48,000
generate a lot of noise.

3196
02:37:48,000 --> 02:37:49,000
I work odd hours.

3197
02:37:49,000 --> 02:37:52,000
I have enough trouble sleeping from having PTSD.

3198
02:37:52,000 --> 02:37:55,329
And I don't need a bunch of drunken assholes ordering

3199
02:37:55,329 --> 02:37:58,000
chicken at 3 o'clock in the morning.

3200
02:37:58,000 --> 02:38:02,870
And so I appreciate all the effort that these guys have put

3201
02:38:02,870 --> 02:38:05,000
into proposing this.

3202
02:38:05,000 --> 02:38:09,520
But the only thing that I've heard is trying to make this

3203
02:38:09,520 --> 02:38:13,520
proposal less worse for the people that live in this

3204
02:38:13,520 --> 02:38:15,000
neighborhood.

3205
02:38:15,000 --> 02:38:17,000
And I just think it's a terrible idea.

3206
02:38:17,000 --> 02:38:18,000
So thank you.

3207
02:38:18,000 --> 02:38:22,000
>> Thank you, sir.

3208
02:38:22,000 --> 02:38:23,000
Anyone else who would like to speak?

3209
02:38:23,000 --> 02:38:24,000
This is a public hearing.

3210
02:38:24,000 --> 02:38:29,500
You're welcome to approach the microphone and let us know

3211
02:38:29,500 --> 02:38:32,000
your thoughts on this.

3212
02:38:32,000 --> 02:38:36,000
Going once, going twice.

3213
02:38:36,000 --> 02:38:37,000
Okay.

3214
02:38:37,000 --> 02:38:40,079
Thank you very much for hanging out tonight and letting us

3215
02:38:40,079 --> 02:38:45,000
know how you feel and standing up for your neighborhood.

3216
02:38:45,000 --> 02:38:48,000
I guess we open it up now for discussions.

3217
02:38:48,000 --> 02:38:51,000
We close the public hearing.

3218
02:38:51,000 --> 02:38:54,489
Close the public hearing at 819, and we will now open it up

3219
02:38:54,489 --> 02:38:57,000
for discussion among the commissioners.

3220
02:38:57,000 --> 02:38:58,000
Commissioner Beck.

3221
02:38:58,000 --> 02:38:59,000
Sorry.

3222
02:38:59,000 --> 02:39:01,479
If I could just make a point of order, just to educate the

3223
02:39:01,479 --> 02:39:04,370
audience in case you do not know regarding the voting

3224
02:39:04,370 --> 02:39:06,000
requirement on this matter,

3225
02:39:06,000 --> 02:39:10,690
the Roberts rules of order usually require a majority vote

3226
02:39:10,690 --> 02:39:14,000
of votes cast, which would be the members present.

3227
02:39:14,000 --> 02:39:16,000
We do have two members that are absent today.

3228
02:39:16,000 --> 02:39:19,500
However, our council has different rules that you have to

3229
02:39:19,500 --> 02:39:23,079
have, at least four votes in order for something to pass as

3230
02:39:23,079 --> 02:39:24,000
a majority.

3231
02:39:24,000 --> 02:39:27,389
And we only have five members on the panel, so we are going

3232
02:39:27,389 --> 02:39:31,000
to still require the four votes in order for this to pass.

3233
02:39:31,000 --> 02:39:34,000
And I just wanted everybody to be aware of that.

3234
02:39:34,000 --> 02:39:35,000
Quick clarification.

3235
02:39:35,000 --> 02:39:39,079
If something fails to get four votes, do we then consider

3236
02:39:39,079 --> 02:39:42,000
another motion or what's the procedural?

3237
02:39:42,000 --> 02:39:45,079
We could consider another motion provided in the scope of

3238
02:39:45,079 --> 02:39:47,000
the item that's been published.

3239
02:39:47,000 --> 02:39:50,000
Okay. Thank you.

3240
02:39:50,000 --> 02:39:51,000
Thank you.

3241
02:39:51,000 --> 02:39:52,000
Commissioner Beck.

3242
02:39:52,000 --> 02:39:54,000
Thank you, Chair.

3243
02:39:54,000 --> 02:39:58,040
I must confess that coming in here and listening to staff's

3244
02:39:58,040 --> 02:40:01,989
arguments, I was persuaded that this is something we

3245
02:40:01,989 --> 02:40:03,000
probably should do.

3246
02:40:03,000 --> 02:40:06,500
I understand feelings of people in the neighborhood, and I

3247
02:40:06,500 --> 02:40:09,000
would probably feel the same way, too.

3248
02:40:09,000 --> 02:40:14,260
As far as traffic goes and trash and stuff like that, there

3249
02:40:14,260 --> 02:40:17,000
's going to be some of that.

3250
02:40:17,000 --> 02:40:18,000
Will it increase?

3251
02:40:18,000 --> 02:40:20,000
Possibly, yes.

3252
02:40:20,000 --> 02:40:23,950
But I guess my biggest concern here is the opposition I've

3253
02:40:23,950 --> 02:40:26,000
heard to it is quite vocal.

3254
02:40:26,000 --> 02:40:29,100
I understand the argument behind wanting to protect the

3255
02:40:29,100 --> 02:40:31,000
sanctity of your neighborhood.

3256
02:40:31,000 --> 02:40:34,600
And one of the things I heard that I hadn't heard before

3257
02:40:34,600 --> 02:40:39,010
that made sense to me, Mr. Hinnan made that comment, was

3258
02:40:39,010 --> 02:40:45,000
that this does kind of violate the effort of the Denton

3259
02:40:45,000 --> 02:40:46,000
Plan 2030

3260
02:40:46,000 --> 02:40:50,000
by being not diverse enough.

3261
02:40:50,000 --> 02:40:53,680
And I wasn't quite aware of it, but there are quite a few

3262
02:40:53,680 --> 02:40:57,760
of these type of establishments along University there that

3263
02:40:57,760 --> 02:41:00,000
kind of throw it out of kilter.

3264
02:41:00,000 --> 02:41:02,000
So that kind of weighed in on me.

3265
02:41:02,000 --> 02:41:05,600
But we are a body here that are supposed to be concerned

3266
02:41:05,600 --> 02:41:08,000
about people's neighborhoods.

3267
02:41:08,000 --> 02:41:11,399
I would have that feeling, too, and I would like to think

3268
02:41:11,399 --> 02:41:14,000
that the PNC would be there to back us up.

3269
02:41:14,000 --> 02:41:19,280
Based on what I've heard for their concerns, I would

3270
02:41:19,280 --> 02:41:25,610
probably vote against the part, not the ADP, but the item

3271
02:41:25,610 --> 02:41:29,000
that wants to rezone it.

3272
02:41:29,000 --> 02:41:30,000
Thank you.

3273
02:41:30,000 --> 02:41:31,000
Commissioner Rossell?

3274
02:41:31,000 --> 02:41:32,000
Thank you, Vice Chair.

3275
02:41:32,000 --> 02:41:34,469
Thank you for everyone taking time out of your night to

3276
02:41:34,469 --> 02:41:37,100
come and speak and be vocal about the opinions about your

3277
02:41:37,100 --> 02:41:38,000
own homestead.

3278
02:41:38,000 --> 02:41:41,569
I appreciate the developer for the work they put forth and

3279
02:41:41,569 --> 02:41:43,000
being here as well.

3280
02:41:43,000 --> 02:41:46,229
As I think about everything that was said tonight, the

3281
02:41:46,229 --> 02:41:50,409
overarching things that were mentioned, at least in this

3282
02:41:50,409 --> 02:41:53,889
item, was traffic, balanced growth, trash, and other kind

3283
02:41:53,889 --> 02:41:57,000
of pollutions, which I think is specific to an ADP.

3284
02:41:57,000 --> 02:41:59,770
So when I look at the rezone, I don't know if it's as

3285
02:41:59,770 --> 02:42:02,819
simple as this painting colored by numbers in terms of

3286
02:42:02,819 --> 02:42:06,000
casting a brush across the university corridor.

3287
02:42:06,000 --> 02:42:09,860
But I haven't received overwhelming evidence to think that

3288
02:42:09,860 --> 02:42:13,250
aligning the commercial zone across the corridor of

3289
02:42:13,250 --> 02:42:16,000
university would be a negative thing.

3290
02:42:16,000 --> 02:42:18,000
Now, the ADP is completely different.

3291
02:42:18,000 --> 02:42:20,430
I do have some significant concerns about what would be

3292
02:42:20,430 --> 02:42:22,000
used on the commercial zoning.

3293
02:42:22,000 --> 02:42:25,000
But you mentioned being opposed to the zoning.

3294
02:42:25,000 --> 02:42:28,500
I'd be more inclined to be for rezoning as it aligns with

3295
02:42:28,500 --> 02:42:33,000
future land use map, the 2030 plan outlined by the city.

3296
02:42:33,000 --> 02:42:39,000
And then obviously we'd have to address the ADP separately.

3297
02:42:39,000 --> 02:42:42,000
Thank you. Commissioner Taylor.

3298
02:42:42,000 --> 02:42:44,000
Thank you, Vice Chair.

3299
02:42:44,000 --> 02:42:47,000
So we are hearing the zoning aspect of this case.

3300
02:42:47,000 --> 02:42:50,000
And zoning is typically the more critical.

3301
02:42:50,000 --> 02:42:55,219
Zoning sets all future uses going forward, the next 40, 50

3302
02:42:55,219 --> 02:42:57,000
years potentially.

3303
02:42:57,000 --> 02:43:01,000
And this is where the large uses come in.

3304
02:43:01,000 --> 02:43:05,860
Often this body sees contentious specific use permits or AD

3305
02:43:05,860 --> 02:43:08,000
Ps or things like that.

3306
02:43:08,000 --> 02:43:12,069
But those are only usually arguing a single sentence, a

3307
02:43:12,069 --> 02:43:16,430
single change in landscape, a change in buffer, a drive

3308
02:43:16,430 --> 02:43:20,000
through, an extra thousand square feet of building use.

3309
02:43:20,000 --> 02:43:23,500
In a rezone, when you go from an NR category, neighborhood

3310
02:43:23,500 --> 02:43:28,000
residential category, to like a commercial category, CMG,

3311
02:43:28,000 --> 02:43:34,000
we introduce probably 30 or 40 new potential uses here.

3312
02:43:34,000 --> 02:43:36,829
Well, obviously all of the conversation tonight has been

3313
02:43:36,829 --> 02:43:39,000
about the proposal for the restaurants.

3314
02:43:39,000 --> 02:43:42,000
This could be an office building.

3315
02:43:42,000 --> 02:43:45,000
It could be a shopping, a strip center.

3316
02:43:45,000 --> 02:43:47,000
It could be any number of things.

3317
02:43:47,000 --> 02:43:51,520
And so for me, actually, rezoning should be held to a

3318
02:43:51,520 --> 02:43:55,000
higher standard than a single change in use,

3319
02:43:55,000 --> 02:43:58,000
because this changes about 30 or 40 uses.

3320
02:43:58,000 --> 02:44:04,850
And what I've heard here is a lot of concern about encro

3321
02:44:04,850 --> 02:44:11,649
achment and nuisance, nuisances in traffic, litter, odor, so

3322
02:44:11,649 --> 02:44:13,000
forth.

3323
02:44:13,000 --> 02:44:17,209
A lot of this is not even necessarily traffic counts, but

3324
02:44:17,209 --> 02:44:20,250
auto cycling and the change in hours of the day that

3325
02:44:20,250 --> 02:44:21,000
traffic comes,

3326
02:44:21,000 --> 02:44:24,930
moving to a more commercial type traffic pattern instead of

3327
02:44:24,930 --> 02:44:29,469
a residential traffic pattern that's probably very, very

3328
02:44:29,469 --> 02:44:32,000
calm by 8 or 9 p.m.

3329
02:44:32,000 --> 02:44:38,309
And I see these concerns, they might be mitigatable by an

3330
02:44:38,309 --> 02:44:43,860
overlay district or something like that, but even an ADP is

3331
02:44:43,860 --> 02:44:45,000
not restrictive.

3332
02:44:45,000 --> 02:44:47,000
An ADP restricts a single site plan.

3333
02:44:47,000 --> 02:44:49,000
All they have to do is change the site plan.

3334
02:44:49,000 --> 02:44:51,000
Get a new site plan.

3335
02:44:51,000 --> 02:44:54,100
Typically, that would be a new developer comes in with a

3336
02:44:54,100 --> 02:44:56,000
completely different concept.

3337
02:44:56,000 --> 02:44:58,000
The ADP is just gone.

3338
02:44:58,000 --> 02:45:01,000
It isn't binding in any way.

3339
02:45:01,000 --> 02:45:05,510
So even whenever we have an ADP, and I'm sure that the

3340
02:45:05,510 --> 02:45:10,000
developer fully intends to build an 8-foot masonry wall and

3341
02:45:10,000 --> 02:45:12,000
angle parking away from the neighborhood

3342
02:45:12,000 --> 02:45:20,129
and all of those mitigating factors, if property changes

3343
02:45:20,129 --> 02:45:24,000
hands or the development falls through or 10 years from now

3344
02:45:24,000 --> 02:45:27,000
a different restaurant or different business comes in,

3345
02:45:27,000 --> 02:45:29,000
nothing in that is binding.

3346
02:45:29,000 --> 02:45:32,000
And so they could change the circulation pattern.

3347
02:45:32,000 --> 02:45:35,110
They could completely tear out everything and build an

3348
02:45:35,110 --> 02:45:38,000
office building or retail center or whatever.

3349
02:45:38,000 --> 02:45:43,690
And so for these reasons, I think it's more important to us

3350
02:45:43,690 --> 02:45:49,170
to address concerns of encroachment and nuisance on the

3351
02:45:49,170 --> 02:45:52,000
existing neighborhood.

3352
02:45:52,000 --> 02:45:53,000
Thank you.

3353
02:45:53,000 --> 02:45:54,000
Commissioner Dudowitz?

3354
02:45:54,000 --> 02:45:57,409
As we're all speaking to what's in front of us, as I

3355
02:45:57,409 --> 02:46:00,799
brought up earlier, these restaurants could be built there

3356
02:46:00,799 --> 02:46:02,000
now without any discussion.

3357
02:46:02,000 --> 02:46:03,000
That's approved.

3358
02:46:03,000 --> 02:46:04,000
It can be done.

3359
02:46:04,000 --> 02:46:08,040
What is that issue is the drive-through, which encroaches

3360
02:46:08,040 --> 02:46:10,000
and approaches on Ector.

3361
02:46:10,000 --> 02:46:12,129
The developer could turn around tomorrow and come back with

3362
02:46:12,129 --> 02:46:14,329
a plan that says we're going to do a drive-through, but it

3363
02:46:14,329 --> 02:46:17,000
's all going to be done through university.

3364
02:46:17,000 --> 02:46:19,000
And they're fine.

3365
02:46:19,000 --> 02:46:21,000
They can do that.

3366
02:46:21,000 --> 02:46:24,219
Somebody's shaking their head, but I understand that

3367
02:46:24,219 --> 02:46:27,000
because of -- you're right, with the drive-through.

3368
02:46:27,000 --> 02:46:28,000
The drive-through is the issue.

3369
02:46:28,000 --> 02:46:32,000
So that's -- thank you for making sure of that.

3370
02:46:32,000 --> 02:46:35,790
The ADP addresses one particular issue, and it's this time

3371
02:46:35,790 --> 02:46:39,659
in this property, next person coming in starts from scratch

3372
02:46:39,659 --> 02:46:40,000
.

3373
02:46:40,000 --> 02:46:43,100
And if it's building the current restaurants, they don't

3374
02:46:43,100 --> 02:46:45,909
have to put up any buffers or any other landscaping other

3375
02:46:45,909 --> 02:46:48,000
than what the ordinance requires.

3376
02:46:48,000 --> 02:46:52,209
So this is a difficult decision to be made here, and it all

3377
02:46:52,209 --> 02:46:55,000
rests around the drive-through.

3378
02:46:55,000 --> 02:46:56,000
Okay?

3379
02:46:56,000 --> 02:46:57,000
Thank you.

3380
02:46:57,000 --> 02:46:59,010
Commissioner Rossell, before I call on you, I want to turn

3381
02:46:59,010 --> 02:47:00,000
to speak to you, please.

3382
02:47:00,000 --> 02:47:01,000
Thank you.

3383
02:47:01,000 --> 02:47:05,389
So I have a couple of questions for staff before I make a

3384
02:47:05,389 --> 02:47:07,000
couple of comments.

3385
02:47:07,000 --> 02:47:11,000
Is there a small area plan for this neighborhood?

3386
02:47:11,000 --> 02:47:13,000
Is there anything in the works?

3387
02:47:13,000 --> 02:47:16,000
I know I read something in the DRC a few years ago.

3388
02:47:16,000 --> 02:47:20,370
I believe at one point there was a small area plan that was

3389
02:47:20,370 --> 02:47:24,000
in the infancy stages of getting together.

3390
02:47:24,000 --> 02:47:28,520
I don't believe that it has gone or has passed or has gone

3391
02:47:28,520 --> 02:47:31,000
farther than the infancy stage.

3392
02:47:31,000 --> 02:47:35,309
What would the neighborhood need to do in order to preserve

3393
02:47:35,309 --> 02:47:37,000
their neighborhood?

3394
02:47:37,000 --> 02:47:38,000
As far as the small area plan?

3395
02:47:38,000 --> 02:47:39,000
Yeah.

3396
02:47:39,000 --> 02:47:41,000
How would they get that ball rolling again?

3397
02:47:41,000 --> 02:47:46,000
I'm going to let Manal answer that.

3398
02:47:46,000 --> 02:47:54,209
Thank you for pointing that out. As part of our initiative

3399
02:47:54,209 --> 02:47:54,719
with the comp plan and the implementation of the comp plan

3400
02:47:54,719 --> 02:47:55,000
and the associated small area plans,

3401
02:47:55,000 --> 02:47:59,709
should the neighborhood decide to want to initiate or be

3402
02:47:59,709 --> 02:48:03,000
involved or create a small area plan,

3403
02:48:03,000 --> 02:48:05,319
all they have to do is contact our long-range planning

3404
02:48:05,319 --> 02:48:09,000
department, which Ron Minghita, he's in the audience.

3405
02:48:09,000 --> 02:48:11,000
I'll have him raise his hand.

3406
02:48:11,000 --> 02:48:12,000
He's in the audience.

3407
02:48:12,000 --> 02:48:14,000
You can contact him and he can --

3408
02:48:14,000 --> 02:48:16,000
Go.

3409
02:48:16,000 --> 02:48:23,000
And through that we can start the process of creating that

3410
02:48:23,000 --> 02:48:25,680
and understanding the needs of the community and

3411
02:48:25,680 --> 02:48:30,000
understanding the comp plan and trying to marry the two.

3412
02:48:30,000 --> 02:48:32,000
Thank you.

3413
02:48:32,000 --> 02:48:34,000
Set you up there, Ron.

3414
02:48:34,000 --> 02:48:36,000
I think there might be some people calling you tomorrow.

3415
02:48:36,000 --> 02:48:37,000
All right. Thank you.

3416
02:48:37,000 --> 02:48:40,760
My next question is about nuisances, regulating things like

3417
02:48:40,760 --> 02:48:43,000
odors, noise, lighting.

3418
02:48:43,000 --> 02:48:46,389
I know some of the lighting concerns could be addressed in

3419
02:48:46,389 --> 02:48:50,430
the ADP, but our -- is not sure if the question is for

3420
02:48:50,430 --> 02:48:52,000
legal or for staff,

3421
02:48:52,000 --> 02:48:55,969
but what is our role as planning and zoning to regulate od

3422
02:48:55,969 --> 02:48:58,000
ors, specifically from --

3423
02:48:58,000 --> 02:49:02,510
I'll take a stab at it and then legal may further expand on

3424
02:49:02,510 --> 02:49:03,000
it.

3425
02:49:03,000 --> 02:49:06,979
The ADP was -- is being used in this instance as a

3426
02:49:06,979 --> 02:49:11,989
mechanism to address some of those nuisance and impacts to

3427
02:49:11,989 --> 02:49:14,000
the neighborhood.

3428
02:49:14,000 --> 02:49:18,520
However, the ADP addresses only subchapter 13 of the Denton

3429
02:49:18,520 --> 02:49:21,000
Development Code requirements.

3430
02:49:21,000 --> 02:49:24,920
So those are mainly site design requirements, odor, hours

3431
02:49:24,920 --> 02:49:29,780
of operation, any of those types of issues aren't addressed

3432
02:49:29,780 --> 02:49:31,000
with the ADP.

3433
02:49:31,000 --> 02:49:33,430
I don't know if there are any other considerations that

3434
02:49:33,430 --> 02:49:35,000
legal would want to add to that.

3435
02:49:35,000 --> 02:49:39,000
How are odors contained in the ADP?

3436
02:49:39,000 --> 02:49:41,000
I mean, they're not.

3437
02:49:41,000 --> 02:49:44,510
There's no regulation of odor per se, unless it's a noxious

3438
02:49:44,510 --> 02:49:49,000
fume, and then it can be regulated through code.

3439
02:49:49,000 --> 02:49:52,389
But if it's just an unpleasant odor that's an annoyance,

3440
02:49:52,389 --> 02:49:54,000
that's a civil matter.

3441
02:49:54,000 --> 02:49:56,000
Okay. Thank you.

3442
02:49:56,000 --> 02:49:59,000
If I may.

3443
02:49:59,000 --> 02:50:00,000
Yeah, sure.

3444
02:50:00,000 --> 02:50:01,000
Commissioner Taylor.

3445
02:50:01,000 --> 02:50:02,000
Thank you, Vice Chair.

3446
02:50:02,000 --> 02:50:06,000
We often see in our zoning ordinances things like bakeries

3447
02:50:06,000 --> 02:50:09,219
buffered from residential because they have the chance to

3448
02:50:09,219 --> 02:50:13,000
produce odors that normally baking is not a noxious odor,

3449
02:50:13,000 --> 02:50:16,000
but if it's 24/7 it becomes an annoyance.

3450
02:50:16,000 --> 02:50:20,610
So we use our zoning laws to prevent nuisance from

3451
02:50:20,610 --> 02:50:24,000
competitive or different uses.

3452
02:50:24,000 --> 02:50:25,000
Okay. Thank you.

3453
02:50:25,000 --> 02:50:26,000
Thanks for that clarification.

3454
02:50:26,000 --> 02:50:27,000
Okay.

3455
02:50:27,000 --> 02:50:28,879
I have a couple of comments that I wanted to make too, and

3456
02:50:28,879 --> 02:50:31,000
then Commissioner Roswell, thank you for your patience.

3457
02:50:31,000 --> 02:50:35,520
I understand, you know, staff has made a presentation here

3458
02:50:35,520 --> 02:50:39,629
about talking about how there's a commercial property CMG

3459
02:50:39,629 --> 02:50:43,000
all up and down university, and that is true.

3460
02:50:43,000 --> 02:50:45,000
And Julie, I'm going to quote you here.

3461
02:50:45,000 --> 02:50:48,500
When you say you spoke about the properties that, quote, "

3462
02:50:48,500 --> 02:50:51,719
the street it's on" and, quote, "the location on West

3463
02:50:51,719 --> 02:50:54,739
University Drive," I'd like to point out that this location

3464
02:50:54,739 --> 02:50:56,000
is also on Ector Street.

3465
02:50:56,000 --> 02:50:59,430
And I see how CMG can fit on University, but I do not see

3466
02:50:59,430 --> 02:51:03,000
how CMG fits on a residential street such as Ector.

3467
02:51:03,000 --> 02:51:08,000
So that was the first point I want to make.

3468
02:51:08,000 --> 02:51:11,729
And the properties that are east and west of this directly

3469
02:51:11,729 --> 02:51:15,299
are also zoned CMG, but they're not on a hard corner that

3470
02:51:15,299 --> 02:51:18,000
enters or exits into a neighborhood.

3471
02:51:18,000 --> 02:51:22,510
The only way you can get to those businesses is on

3472
02:51:22,510 --> 02:51:24,000
University Drive.

3473
02:51:24,000 --> 02:51:29,030
So, and I think that because this piece of property does

3474
02:51:29,030 --> 02:51:34,760
allow for some commercial uses, I'm really not leaning much

3475
02:51:34,760 --> 02:51:40,000
in favor of approving this rezone request because

3476
02:51:40,000 --> 02:51:45,940
commercial uses are currently allowed and would create a

3477
02:51:45,940 --> 02:51:50,600
sort of a buffer between the neighborhood and the rest of

3478
02:51:50,600 --> 02:51:52,000
the commercial uses.

3479
02:51:52,000 --> 02:51:55,000
So those are my comments. Commissioner Rozelle.

3480
02:51:55,000 --> 02:51:58,000
Thank you very much, Commissioner Taylor.

3481
02:51:58,000 --> 02:52:01,000
Thank you for reiterating the gravity of rezoning.

3482
02:52:01,000 --> 02:52:05,930
I certainly appreciate that this sets in motion a lot of

3483
02:52:05,930 --> 02:52:07,000
things.

3484
02:52:07,000 --> 02:52:12,229
So to that end, and this goes to Commissioner Briegel as

3485
02:52:12,229 --> 02:52:16,709
well, the Zoning Commission has the authority to limit this

3486
02:52:16,709 --> 02:52:20,000
to a University commercial zoning, right?

3487
02:52:20,000 --> 02:52:23,559
It's not inherently on Ector. We can limit access from E

3488
02:52:23,559 --> 02:52:27,000
ctor for all properties through the site planning?

3489
02:52:27,000 --> 02:52:32,000
Not through the zoning, but through the ADP potentially.

3490
02:52:32,000 --> 02:52:35,729
There's mechanisms to always protect an entrance from Ector

3491
02:52:35,729 --> 02:52:38,799
. Is there not? There's situations in which, just for

3492
02:52:38,799 --> 02:52:41,719
clarification, there's situations in which there are ways

3493
02:52:41,719 --> 02:52:44,540
in which an applicant can get access from Ector no matter

3494
02:52:44,540 --> 02:52:45,000
what?

3495
02:52:45,000 --> 02:52:48,079
I'm going to muddy your statement a little bit, and through

3496
02:52:48,079 --> 02:52:51,000
that, through discussion, I may be able to elaborate.

3497
02:52:51,000 --> 02:52:53,000
And Julie, correct me if I'm wrong, too.

3498
02:52:53,000 --> 02:52:58,350
Our Denton Development Code typically prevents or discour

3499
02:52:58,350 --> 02:53:03,340
ages access off of a primary arterial or primary roadway

3500
02:53:03,340 --> 02:53:06,000
such as University Drive.

3501
02:53:06,000 --> 02:53:09,739
In the instance where there is a secondary arterial such as

3502
02:53:09,739 --> 02:53:13,520
Ector, that becomes your main point of ingress and egress

3503
02:53:13,520 --> 02:53:15,000
per the ordinance.

3504
02:53:15,000 --> 02:53:19,690
However, let's now, we're talking about zoning, I

3505
02:53:19,690 --> 02:53:23,059
understand, but now we've mentioned the ADP a little bit,

3506
02:53:23,059 --> 02:53:25,500
and you've asked about site design and how can we limit

3507
02:53:25,500 --> 02:53:30,000
accessibility to a site if these issues come to light.

3508
02:53:30,000 --> 02:53:36,590
The reason why the University corridor right in, right out

3509
02:53:36,590 --> 02:53:41,430
access was suggested and then incorporated in the site

3510
02:53:41,430 --> 02:53:47,799
design was to attempt to limit the number of vehicles that

3511
02:53:47,799 --> 02:53:52,360
ingress off of Ector and to have the majority of the bulk

3512
02:53:52,360 --> 02:53:54,000
of the vehicles off of University Drive,

3513
02:53:54,000 --> 02:53:57,760
despite the ordinance stating that your primary access has

3514
02:53:57,760 --> 02:54:00,000
to come off of a secondary arterial,

3515
02:54:00,000 --> 02:54:04,510
because we understood that University Drive, in essence, is

3516
02:54:04,510 --> 02:54:08,430
designed and should be designed to accommodate these types

3517
02:54:08,430 --> 02:54:12,489
of uses, given the nature of that corridor, given the

3518
02:54:12,489 --> 02:54:16,110
existing land use pattern, and given the existing zoning

3519
02:54:16,110 --> 02:54:17,000
pattern.

3520
02:54:17,000 --> 02:54:21,000
And that's why we encourage that that be looked at.

3521
02:54:21,000 --> 02:54:24,459
However, the only thing you can limit in this instance, if

3522
02:54:24,459 --> 02:54:28,000
you review the ADP, you could make that recommendation.

3523
02:54:28,000 --> 02:54:30,889
But in terms of zoning, you could not place conditional

3524
02:54:30,889 --> 02:54:34,000
zoning or site design implications on the zoning case.

3525
02:54:34,000 --> 02:54:38,610
But then, if this use did not become a reality, then any

3526
02:54:38,610 --> 02:54:42,059
type of modifications or conditions on the ADP would not be

3527
02:54:42,059 --> 02:54:45,049
applicable, should the applicant not pursue this

3528
02:54:45,049 --> 02:54:46,000
application.

3529
02:54:46,000 --> 02:54:49,870
Only slightly muddied. I appreciate that. I understand that

3530
02:54:49,870 --> 02:54:53,329
through zoning, there's not a mechanism for entrance and

3531
02:54:53,329 --> 02:54:54,000
exits.

3532
02:54:54,000 --> 02:54:56,270
I was more curious about the protection of Ector that we,

3533
02:54:56,270 --> 02:54:58,610
the authority we had to protect Ector, because when I

3534
02:54:58,610 --> 02:55:01,620
initially saw this proposition, I kept thinking about the

3535
02:55:01,620 --> 02:55:04,000
Wendy's and Taco Bueno just east.

3536
02:55:04,000 --> 02:55:06,270
There's a single entrance, and then they split the property

3537
02:55:06,270 --> 02:55:09,159
, it looks like, and there's Cordell right to the west, but

3538
02:55:09,159 --> 02:55:11,000
neither one dump out on Cordell.

3539
02:55:11,000 --> 02:55:14,969
So I was just thinking if there's a way to mimic that, I'd

3540
02:55:14,969 --> 02:55:18,020
be curious, but that would be through the ADP and rezoning

3541
02:55:18,020 --> 02:55:22,000
would shut that down if there wasn't the rezone issue.

3542
02:55:22,000 --> 02:55:25,100
So we wouldn't have the opportunity to even have that

3543
02:55:25,100 --> 02:55:27,989
discussion. So I appreciate the clarification in allowing

3544
02:55:27,989 --> 02:55:29,000
me to think out loud.

3545
02:55:29,000 --> 02:55:33,270
I do have one question. Can someone explain to me a little

3546
02:55:33,270 --> 02:55:37,129
bit more about the small area plan and what power that

3547
02:55:37,129 --> 02:55:42,000
would provide the neighborhood in terms of preventing this?

3548
02:55:42,000 --> 02:55:45,600
I think this is a good opportunity for Ron to initiate his

3549
02:55:45,600 --> 02:55:49,000
long range planning.

3550
02:55:49,000 --> 02:55:52,000
This is Ron. You might want to talk to him.

3551
02:55:52,000 --> 02:55:57,329
Hi, Ron Mingida, planning department, long range planning

3552
02:55:57,329 --> 02:56:00,579
administrator. There was an attempt to do a small area plan

3553
02:56:00,579 --> 02:56:02,000
for the Ector-Body and Brea area.

3554
02:56:02,000 --> 02:56:06,610
My understanding is that the boundary of that small area

3555
02:56:06,610 --> 02:56:08,000
plan goes only up to Emory.

3556
02:56:08,000 --> 02:56:11,729
So all the properties south of Emory would be the area that

3557
02:56:11,729 --> 02:56:16,010
we would be looking at protecting, again, character,

3558
02:56:16,010 --> 02:56:19,000
special purpose for that specific area.

3559
02:56:19,000 --> 02:56:22,799
We would built in goals, objectives and guidelines in order

3560
02:56:22,799 --> 02:56:25,000
to protect that neighborhood.

3561
02:56:25,000 --> 02:56:28,079
The small area plan is just that it's a guiding document.

3562
02:56:28,079 --> 02:56:33,469
If we were to further try to protect it, we can also embark

3563
02:56:33,469 --> 02:56:36,799
in an overlay district that would even protect it even more

3564
02:56:36,799 --> 02:56:37,000
.

3565
02:56:37,000 --> 02:56:40,770
But the small area plan is just a study to identify what we

3566
02:56:40,770 --> 02:56:44,450
want that area to be, what it should be and what it could

3567
02:56:44,450 --> 02:56:45,000
be.

3568
02:56:45,000 --> 02:56:50,000
So we set boundaries, we set parameters in that regard.

3569
02:56:50,000 --> 02:56:51,000
Thank you.

3570
02:56:51,000 --> 02:56:52,000
Okay.

3571
02:56:52,000 --> 02:56:54,000
Question, Chair?

3572
02:56:54,000 --> 02:56:55,000
Commissioner Dudowitz.

3573
02:56:55,000 --> 02:56:57,000
You said that the boundary would end at Emory?

3574
02:56:57,000 --> 02:57:01,520
That's the current as it was proposed earlier. It never was

3575
02:57:01,520 --> 02:57:04,000
approved or adopted.

3576
02:57:04,000 --> 02:57:07,409
I understand. If it would be thought of as a small area

3577
02:57:07,409 --> 02:57:11,000
plan, would they have the opportunity to go beyond?

3578
02:57:11,000 --> 02:57:12,000
They could.

3579
02:57:12,000 --> 02:57:13,000
Ector up to?

3580
02:57:13,000 --> 02:57:15,000
Up to this property.

3581
02:57:15,000 --> 02:57:16,000
Up to what?

3582
02:57:16,000 --> 02:57:17,000
Up to university.

3583
02:57:17,000 --> 02:57:18,000
Up to university.

3584
02:57:18,000 --> 02:57:24,000
If the community chooses to include that area.

3585
02:57:24,000 --> 02:57:25,000
Thank you.

3586
02:57:25,000 --> 02:57:28,000
Okay.

3587
02:57:28,000 --> 02:57:31,729
So we've heard from all the commissioners. Commissioner

3588
02:57:31,729 --> 02:57:33,000
Taylor?

3589
02:57:33,000 --> 02:57:37,780
So I think we're moving a little bit more slowly on this

3590
02:57:37,780 --> 02:57:42,680
for a few reasons, but one of them is that we are short up

3591
02:57:42,680 --> 02:57:46,100
here on the DS, so it's not going to necessarily be a

3592
02:57:46,100 --> 02:57:47,000
simple vote.

3593
02:57:47,000 --> 02:57:51,069
So I want to make sure that we're reaching something that

3594
02:57:51,069 --> 02:57:55,219
we're basically in consensus for so we don't have to have a

3595
02:57:55,219 --> 02:57:57,000
bunch of hung votes.

3596
02:57:57,000 --> 02:58:02,149
And I do agree with Commissioner Rozelle that if this was

3597
02:58:02,149 --> 02:58:07,159
an SUP or a handful of other maybe like MPCs that require

3598
02:58:07,159 --> 02:58:11,180
site plan approval where we could limit access to Ector

3599
02:58:11,180 --> 02:58:15,770
altogether, create a buffer along Ector, you know, I think

3600
02:58:15,770 --> 02:58:19,000
this could potentially be compatible.

3601
02:58:19,000 --> 02:58:24,670
But this isn't an MPC. There isn't a way to get this to SUP

3602
02:58:24,670 --> 02:58:25,000
.

3603
02:58:25,000 --> 02:58:28,780
With an NRMU, it does not allow drive through restaurants

3604
02:58:28,780 --> 02:58:31,000
period, not even with an SUP.

3605
02:58:31,000 --> 02:58:33,520
When you go to categories that allow drive through

3606
02:58:33,520 --> 02:58:36,000
restaurants, they just allow them by right.

3607
02:58:36,000 --> 02:58:41,000
And so that means there isn't any kind of board review.

3608
02:58:41,000 --> 02:58:44,100
It's just you go file your building permit and you get a

3609
02:58:44,100 --> 02:58:46,000
building permit and go forth.

3610
02:58:46,000 --> 02:58:49,569
So for these reasons, I'm going to move that we recommend

3611
02:58:49,569 --> 02:58:53,139
denial of the rezoning due to the incompatible use that's

3612
02:58:53,139 --> 02:58:57,379
encroaching on an existing neighborhood, potential undue nu

3613
02:58:57,379 --> 02:59:01,000
isances created by this incompatible use of noise litter

3614
02:59:01,000 --> 02:59:04,000
traffic and so forth.

3615
02:59:04,000 --> 02:59:12,000
Cycling hours of operation and odor.

3616
02:59:12,000 --> 02:59:15,000
Thank you. So we have a first Commissioner Beck.

3617
02:59:15,000 --> 02:59:18,000
I don't know.

3618
02:59:18,000 --> 02:59:20,000
That wasn't. Yeah, he did make a motion.

3619
02:59:20,000 --> 02:59:22,000
Yeah, it's not on the board, but he did make a motion.

3620
02:59:22,000 --> 02:59:25,000
So we have a first by Commissioner Taylor.

3621
02:59:25,000 --> 02:59:30,000
And you move to deny this recommend denial.

3622
02:59:30,000 --> 02:59:33,000
We've got a second by Commissioner Beck.

3623
02:59:33,000 --> 02:59:38,000
Is there any further discussion on this before we vote?

3624
02:59:38,000 --> 02:59:42,000
So vote for is to recommend denial.

3625
02:59:42,000 --> 02:59:46,000
We clear on that. Okay. Thank you.

3626
02:59:46,000 --> 03:00:00,000
Okay.

3627
03:00:00,000 --> 03:00:04,000
Okay. So the.

3628
03:00:04,000 --> 03:00:09,139
So the motion passed the motion. How do I say this the

3629
03:00:09,139 --> 03:00:14,399
motion to deny has passed. So the rezone will not go into

3630
03:00:14,399 --> 03:00:18,000
effect or the next step is City Council.

3631
03:00:18,000 --> 03:00:22,000
Next up is City Council, but we recommend a denial.

3632
03:00:22,000 --> 03:00:27,000
Do we hear.

3633
03:00:27,000 --> 03:00:34,000
Do we do we now hear the ADP as well?

3634
03:00:34,000 --> 03:00:36,000
Quickly.

3635
03:00:36,000 --> 03:00:40,000
Oh, yes. Can we? Yes. So I guess we have the option of

3636
03:00:40,000 --> 03:00:44,000
postponing this until after we hear back from City Council.

3637
03:00:44,000 --> 03:00:49,000
What they choose to do about this case.

3638
03:00:49,000 --> 03:00:54,170
So I think we need a motion to as I understand though, the

3639
03:00:54,170 --> 03:00:58,000
passage or the denial makes this ADP moot.

3640
03:00:58,000 --> 03:01:00,000
It must be overridden.

3641
03:01:00,000 --> 03:01:04,000
Overridden.

3642
03:01:04,000 --> 03:01:06,760
Because it's an item and we might take it up later after

3643
03:01:06,760 --> 03:01:08,000
council decides it.

3644
03:01:08,000 --> 03:01:20,000
Council could by super majority vote overturn. And if they

3645
03:01:20,000 --> 03:01:20,000
approve it, then they're going to want to see an ADP

3646
03:01:20,000 --> 03:01:20,000
associated with that. The PNC will have to consider that

3647
03:01:20,000 --> 03:01:20,000
time.

3648
03:01:20,000 --> 03:01:23,260
So do we, we need to make a motion to postpone. I would

3649
03:01:23,260 --> 03:01:25,219
make a motion to postpone in this case because it's not a

3650
03:01:25,219 --> 03:01:27,000
city initiated. Okay.

3651
03:01:27,000 --> 03:01:32,239
So first commissioner Roselle, I motion to postpone item

3652
03:01:32,239 --> 03:01:37,379
for C to until when until hearing back from City Council on

3653
03:01:37,379 --> 03:01:40,000
the previously voted five D.

3654
03:01:40,000 --> 03:01:44,000
Thank you. We have a motion. Do we have a second.

3655
03:01:44,000 --> 03:01:49,139
Commissioner Dudowitz. I second the motion. Thank you. Okay

3656
03:01:49,139 --> 03:01:53,450
. First and a second to postpone the item for C, which is

3657
03:01:53,450 --> 03:01:57,600
the ADP until after we hear back from City Council on the

3658
03:01:57,600 --> 03:01:59,000
reason request.

3659
03:01:59,000 --> 03:02:02,000
But any conversation on this.

3660
03:02:02,000 --> 03:02:05,000
Okay, go ahead and I'm sorry. Commissioner Taylor.

3661
03:02:05,000 --> 03:02:09,610
Thank you. I'm just going to insert just use my pulpit up

3662
03:02:09,610 --> 03:02:14,149
here. So we have recommended denial to City Council. This

3663
03:02:14,149 --> 03:02:16,000
will go will most likely go to City Council for a vote.

3664
03:02:16,000 --> 03:02:20,520
So anybody who's interested in the outcome of this case

3665
03:02:20,520 --> 03:02:24,899
should pay attention and probably go to City Council in

3666
03:02:24,899 --> 03:02:29,000
three to four weeks, somewhere around there.

3667
03:02:29,000 --> 03:02:33,000
Thank you, Commissioner Taylor.

3668
03:02:33,000 --> 03:02:44,399
Seeing no other comments. I'm you already devote to postp

3669
03:02:44,399 --> 03:02:48,000
one

3670
03:02:48,000 --> 03:02:51,000
down there in the peanut gallery. All right.

3671
03:02:51,000 --> 03:02:57,000
All right. Motion passes five zero to postpone the ADP.

3672
03:02:57,000 --> 03:03:03,100
I'm wondering if we can take a five minute break or so. No,

3673
03:03:03,100 --> 03:03:04,590
10 minute break. We're going to take a quick 10 minute

3674
03:03:04,590 --> 03:03:06,450
break before we hear the rest of the agenda items. Thank

3675
03:03:06,450 --> 03:03:07,000
you.

3676
03:03:07,000 --> 03:03:25,000
It's the time is eight forty three or so.

3677
03:03:25,000 --> 03:03:26,889
Thank you and welcome back to the regular session of

3678
03:03:26,889 --> 03:03:30,329
tonight's planning and zoning commission meeting. The time

3679
03:03:30,329 --> 03:03:34,000
now is eight fifty five.

3680
03:03:34,000 --> 03:03:37,680
Up next, we are going to hear item. I just went through

3681
03:03:37,680 --> 03:03:38,000
this.

3682
03:03:38,000 --> 03:03:41,790
Is it five a that we're doing five a hold a public hearing

3683
03:03:41,790 --> 03:03:45,520
and consider making a recommendation to City Council

3684
03:03:45,520 --> 03:03:49,950
regarding amending the procedural and development standards

3685
03:03:49,950 --> 03:03:53,860
for the razor ranch overlay district by superseding the

3686
03:03:53,860 --> 03:03:56,229
previously approved razor ranch overlay district

3687
03:03:56,229 --> 03:03:56,840
classification and amending Chapter 35 subchapter seven

3688
03:03:56,840 --> 03:03:59,000
fifteen of the city of Denton development code.

3689
03:03:59,000 --> 03:04:02,219
The approximately four hundred ten acre site is generally

3690
03:04:02,219 --> 03:04:05,250
located on the north and south sides of US Highway three

3691
03:04:05,250 --> 03:04:08,540
eighty between I thirty five and Bonnie Bray. Do I open the

3692
03:04:08,540 --> 03:04:10,000
public hearing at this time? Thank you.

3693
03:04:10,000 --> 03:04:13,350
And that would be at eight fifty. Yes. But if I if you

3694
03:04:13,350 --> 03:04:17,030
could just allow me to make a correction to that item just

3695
03:04:17,030 --> 03:04:20,000
for the record, it is not super seizure.

3696
03:04:20,000 --> 03:04:23,969
It is an amendment and the backup materials you'll see that

3697
03:04:23,969 --> 03:04:28,200
it is actually amending the overlay not superseding. Yes,

3698
03:04:28,200 --> 03:04:29,000
ma'am. Thank you.

3699
03:04:29,000 --> 03:04:33,090
Sophie, I open the public hearing. I'm sorry at eight fifty

3700
03:04:33,090 --> 03:04:37,000
five and we're going to hear from Sophie.

3701
03:04:37,000 --> 03:04:40,780
All right. This is S.I. fifteen sixteen the razor ranch

3702
03:04:40,780 --> 03:04:42,000
zoning amendment.

3703
03:04:42,000 --> 03:04:44,510
The request before you is to consider making a

3704
03:04:44,510 --> 03:04:47,639
recommendation to City Council regarding amending the

3705
03:04:47,639 --> 03:04:50,879
procedural and development standards for the razor ranch

3706
03:04:50,879 --> 03:04:53,989
overlay district, which should supersede the previously

3707
03:04:53,989 --> 03:04:57,370
approved razor ranch overlay district classification and

3708
03:04:57,370 --> 03:05:00,649
amend Chapter thirty five subchapter seven fifteen of the

3709
03:05:00,649 --> 03:05:04,000
Denton development code.

3710
03:05:04,000 --> 03:05:07,729
Razor Ranch is approximately four hundred ten acres located

3711
03:05:07,729 --> 03:05:11,090
located on the north and south sides of US Highway three

3712
03:05:11,090 --> 03:05:14,440
eighty between I thirty five and Bonnie Bray Street and

3713
03:05:14,440 --> 03:05:16,000
scripture on the south.

3714
03:05:16,000 --> 03:05:19,579
Purpose of this amendment is to eliminate ambiguities

3715
03:05:19,579 --> 03:05:23,069
between your concept plan sub areas and uses as well as

3716
03:05:23,069 --> 03:05:27,000
amend any exhibits that conflict with past site plans.

3717
03:05:27,000 --> 03:05:30,440
The amendment also aligns the goals of the Razor Ranch Town

3718
03:05:30,440 --> 03:05:33,700
Center vision, which was presented to City Council on

3719
03:05:33,700 --> 03:05:37,000
January six twenty fifteen with the concept plan.

3720
03:05:37,000 --> 03:05:40,000
I'm just going to run through a summary of the amendments.

3721
03:05:40,000 --> 03:05:43,129
The first one is to amend the concept plan to reflect

3722
03:05:43,129 --> 03:05:46,229
current and future development as proposed by red

3723
03:05:46,229 --> 03:05:50,000
development in the vision presentation to City Council.

3724
03:05:50,000 --> 03:05:54,670
Here we have the exhibit bees be one. The original is on

3725
03:05:54,670 --> 03:05:59,000
the left on the proposed changes are on the right.

3726
03:05:59,000 --> 03:06:02,100
If you follow my mouse, you'll be able to see that we've

3727
03:06:02,100 --> 03:06:05,290
extended the town center up to include some of the parking

3728
03:06:05,290 --> 03:06:10,139
fields, modified South RR two to include the approved Winko

3729
03:06:10,139 --> 03:06:16,989
building and the hotel RROMF district now aligns with lot

3730
03:06:16,989 --> 03:06:19,000
nine are of the razor ranch town center,

3731
03:06:19,000 --> 03:06:23,510
which has been previously approved by the planning and

3732
03:06:23,510 --> 03:06:25,000
zoning commission.

3733
03:06:25,000 --> 03:06:28,000
This is an exhibit showing the underlying zoning district.

3734
03:06:28,000 --> 03:06:32,000
Again, the underlying zoning district has not changed.

3735
03:06:32,000 --> 03:06:37,290
The only thing that has changed are the concept plan lines,

3736
03:06:37,290 --> 03:06:41,000
which are reflected in exhibit be one.

3737
03:06:41,000 --> 03:06:44,360
This is exhibit be to the bubble plan as part of the

3738
03:06:44,360 --> 03:06:46,000
current ordinance.

3739
03:06:46,000 --> 03:06:49,219
It is it will be removed as part of this amendment as it is

3740
03:06:49,219 --> 03:06:51,000
not a regulatory document.

3741
03:06:51,000 --> 03:06:55,750
That concept plan is the document that sets the boundaries

3742
03:06:55,750 --> 03:06:59,000
for the sub areas and the permitted uses.

3743
03:06:59,000 --> 03:07:01,000
The density zone plan.

3744
03:07:01,000 --> 03:07:04,219
It's exhibit be three has also been modified to reflect

3745
03:07:04,219 --> 03:07:07,000
contemplated development of multifamily.

3746
03:07:07,000 --> 03:07:10,750
The number of allowable units, density and trigger

3747
03:07:10,750 --> 03:07:15,090
requirements that are based on non residential development

3748
03:07:15,090 --> 03:07:17,000
have been left unchanged.

3749
03:07:17,000 --> 03:07:20,930
This is the proposed change again extends into lot nine are

3750
03:07:20,930 --> 03:07:25,000
where there's contemplated multifamily development.

3751
03:07:25,000 --> 03:07:30,329
And again, just to reiterate, there's no change of density

3752
03:07:30,329 --> 03:07:35,000
or overall number of units allowed in those zones.

3753
03:07:35,000 --> 03:07:37,000
This is exhibit be five.

3754
03:07:37,000 --> 03:07:42,030
It has been modified to reflect current built conditions

3755
03:07:42,030 --> 03:07:47,690
specifically to the marketplace and to the cook children's

3756
03:07:47,690 --> 03:07:49,000
property.

3757
03:07:49,000 --> 03:07:52,000
The next amendment is to clarify criteria for site plans.

3758
03:07:52,000 --> 03:07:55,559
Site plans are reviewed in accordance with the development

3759
03:07:55,559 --> 03:07:59,000
code as modified by the razor range overlay district.

3760
03:07:59,000 --> 03:08:02,500
And again, to reiterate, the permitted uses are governed by

3761
03:08:02,500 --> 03:08:07,000
sub areas such as the RR ones and the RR twos.

3762
03:08:07,000 --> 03:08:09,760
To summarize, the city of Denton is amending the razor

3763
03:08:09,760 --> 03:08:13,219
ranch overlay district to eliminate inconsistencies and

3764
03:08:13,219 --> 03:08:17,159
ambiguities of the concept plan and outdated exhibits as

3765
03:08:17,159 --> 03:08:20,000
well as procedural regulations.

3766
03:08:20,000 --> 03:08:22,889
Notification were sent out to properties within 200 feet

3767
03:08:22,889 --> 03:08:24,000
and 500 feet.

3768
03:08:24,000 --> 03:08:29,000
We have received none to this date.

3769
03:08:29,000 --> 03:08:32,100
Staff is recommending approval of the request as is

3770
03:08:32,100 --> 03:08:35,000
compatible with the DDC section 3573.

3771
03:08:35,000 --> 03:08:40,000
I'll stand for any questions.

3772
03:08:40,000 --> 03:08:42,000
>> Commissioner Taylor.

3773
03:08:42,000 --> 03:08:44,000
>> Thank you, Vice Chair.

3774
03:08:44,000 --> 03:08:46,000
I just have a few questions, Sophie.

3775
03:08:46,000 --> 03:08:47,000
>> Sure.

3776
03:08:47,000 --> 03:08:49,299
>> I think I know the answers to these, but I'll go ahead

3777
03:08:49,299 --> 03:08:50,000
and ask them.

3778
03:08:50,000 --> 03:08:56,530
Does this change permitted uses within the razor ranch

3779
03:08:56,530 --> 03:08:59,000
shopping center?

3780
03:08:59,000 --> 03:09:00,000
>> No.

3781
03:09:00,000 --> 03:09:04,000
>> Does it change landscaping requirements?

3782
03:09:04,000 --> 03:09:09,260
>> No, as far as they relate to what's within RR one or RR

3783
03:09:09,260 --> 03:09:10,000
two.

3784
03:09:10,000 --> 03:09:14,139
None of the bulk of that, you'll know the magazine, C and D

3785
03:09:14,139 --> 03:09:17,549
of the razor ranch overlay district, none of that has

3786
03:09:17,549 --> 03:09:18,000
changed.

3787
03:09:18,000 --> 03:09:21,790
If a boundary has changed, it would now have to comply with

3788
03:09:21,790 --> 03:09:23,000
that sub area.

3789
03:09:23,000 --> 03:09:26,680
So any area that's within RR one now must comply with the R

3790
03:09:26,680 --> 03:09:28,000
R one standards.

3791
03:09:28,000 --> 03:09:32,729
>> And so as an example, masonry coverage on a building,

3792
03:09:32,729 --> 03:09:38,000
patio space, pedestrian orientation, amount of --

3793
03:09:38,000 --> 03:09:40,000
>> Correct.

3794
03:09:40,000 --> 03:09:41,000
>> The plaza.

3795
03:09:41,000 --> 03:09:42,000
>> Yeah, plaza.

3796
03:09:42,000 --> 03:09:45,000
So have any of those requirements changed?

3797
03:09:45,000 --> 03:09:46,000
>> Nope, they remain.

3798
03:09:46,000 --> 03:09:52,000
>> Okay, thank you.

3799
03:09:52,000 --> 03:09:56,000
>> Any other questions for staff?

3800
03:09:56,000 --> 03:10:00,000
Thank you, Sophie.

3801
03:10:00,000 --> 03:10:02,479
If the applicant is here, would you care to speak on this

3802
03:10:02,479 --> 03:10:03,000
issue?

3803
03:10:03,000 --> 03:10:09,000
>> No.

3804
03:10:09,000 --> 03:10:12,000
>> This is a public hearing.

3805
03:10:12,000 --> 03:10:17,000
I have one card from Suzanne Smith.

3806
03:10:17,000 --> 03:10:21,000
I'm not sure if Suzanne would like to speak on this or not.

3807
03:10:21,000 --> 03:10:23,000
She marked 5A.

3808
03:10:23,000 --> 03:10:26,100
She just wrote, I am unclear as to the benefit or reason

3809
03:10:26,100 --> 03:10:29,000
for this amendment to the overlay ordinance.

3810
03:10:29,000 --> 03:10:32,209
I also have one card, it's not marked, but it looks like it

3811
03:10:32,209 --> 03:10:35,000
's in regards to razor ranch from Frank Mayhew.

3812
03:10:35,000 --> 03:10:39,000
Would you care to speak on this item, sir?

3813
03:10:39,000 --> 03:10:40,000
Fantastic.

3814
03:10:40,000 --> 03:10:42,000
Okay.

3815
03:10:42,000 --> 03:10:43,000
Well done, Sophie.

3816
03:10:43,000 --> 03:10:44,000
Great job.

3817
03:10:44,000 --> 03:10:45,000
>> On this section.

3818
03:10:45,000 --> 03:10:46,000
>> On this section, yes, sir.

3819
03:10:46,000 --> 03:10:47,000
Okay.

3820
03:10:47,000 --> 03:10:48,000
Thank you.

3821
03:10:48,000 --> 03:10:49,000
So this is a public hearing.

3822
03:10:49,000 --> 03:10:52,079
If anyone would like to speak for or against this item, you

3823
03:10:52,079 --> 03:10:57,000
're certainly welcome to approach the podium now.

3824
03:10:57,000 --> 03:11:00,000
For or against anyone?

3825
03:11:00,000 --> 03:11:02,000
Okay.

3826
03:11:02,000 --> 03:11:06,000
With that, I will close public hearing at 903 and open it

3827
03:11:06,000 --> 03:11:09,000
up to discussion among the commissioners.

3828
03:11:09,000 --> 03:11:13,000
Is there any discussion on this item?

3829
03:11:13,000 --> 03:11:17,000
The vice chair would entertain a motion.

3830
03:11:17,000 --> 03:11:19,000
Commissioner Detowitz?

3831
03:11:19,000 --> 03:11:21,000
I recommend approval as submitted.

3832
03:11:21,000 --> 03:11:22,000
Commissioner Rossell?

3833
03:11:22,000 --> 03:11:25,000
I second that.

3834
03:11:25,000 --> 03:11:27,000
I second that.

3835
03:11:27,000 --> 03:11:29,500
We have a first from Commissioner Detowitz and a second

3836
03:11:29,500 --> 03:11:31,000
from Commissioner Rossell.

3837
03:11:31,000 --> 03:11:35,510
Is there any conversation that we'd like to have before we

3838
03:11:35,510 --> 03:11:36,000
vote?

3839
03:11:36,000 --> 03:11:39,000
Okay.

3840
03:11:39,000 --> 03:11:49,000
Then please vote on the board.

3841
03:11:49,000 --> 03:11:52,000
That motion passes, 5-0.

3842
03:11:52,000 --> 03:11:56,000
Next up is public hearing 5B.

3843
03:11:56,000 --> 03:11:58,639
Hold a public hearing and consider a final replat of the

3844
03:11:58,639 --> 03:12:03,559
Razor Ranch Town Center, Phase 1, Lots 10, R1, 11 and 12,

3845
03:12:03,559 --> 03:12:04,000
Block A,

3846
03:12:04,000 --> 03:12:08,020
being a replat of Razor Ranch Town Center, Phase 1, Lot 10,

3847
03:12:08,020 --> 03:12:11,000
R and Lot 1, Block 1, Razor Ranch South, Conveyance Platte,

3848
03:12:11,000 --> 03:12:14,000
Cabinet Y, Slide 470.

3849
03:12:14,000 --> 03:12:18,620
The approximately 73.921 acre property is generally located

3850
03:12:18,620 --> 03:12:22,000
at the southwest corner of University and I-35.

3851
03:12:22,000 --> 03:12:27,350
With that, I will open the public hearing at 905 and we'll

3852
03:12:27,350 --> 03:12:29,000
hear from staff.

3853
03:12:29,000 --> 03:12:31,000
Thank you, Chair.

3854
03:12:31,000 --> 03:12:36,100
This is FR 1526, the final replat of the Razor Ranch Town

3855
03:12:36,100 --> 03:12:37,000
Center.

3856
03:12:37,000 --> 03:12:41,510
It's for three lots, being a replat of Razor Ranch Town

3857
03:12:41,510 --> 03:12:44,579
Center, Phase 1, Lot 10, R and Lot 1, Block 1 of the Razor

3858
03:12:44,579 --> 03:12:46,000
Ranch South, Conveyance Platte.

3859
03:12:46,000 --> 03:12:52,879
Section 212-14 of the Texas Local Government Code requires

3860
03:12:52,879 --> 03:12:56,399
a public hearing for any replat of a subdivision or part of

3861
03:12:56,399 --> 03:12:59,000
a subdivision without vacation of the preceding platte.

3862
03:12:59,000 --> 03:13:04,100
This is the first page of the platte and it contains Lot 10

3863
03:13:04,100 --> 03:13:05,000
, R1.

3864
03:13:05,000 --> 03:13:09,180
This is the second page of the platte, containing lots 10,

3865
03:13:09,180 --> 03:13:14,000
R, a continuation of lot 10, R1, lot 11 and lot 12.

3866
03:13:14,000 --> 03:13:18,239
The schematic before you are the existing conditions of the

3867
03:13:18,239 --> 03:13:22,520
platte, lot 10, R, and to the north and then to the south

3868
03:13:22,520 --> 03:13:25,000
there's an existing conveyance platte.

3869
03:13:25,000 --> 03:13:32,000
So to facilitate the platte of the convention center, you

3870
03:13:32,000 --> 03:13:37,000
have lot 11, which was taken out of lot 10, R.

3871
03:13:37,000 --> 03:13:41,000
Lot 10, R now becomes lot 10, R1.

3872
03:13:41,000 --> 03:13:44,729
Lot 12 was pulled out of the existing conveyance platte and

3873
03:13:44,729 --> 03:13:46,000
became lot 12.

3874
03:13:46,000 --> 03:13:49,870
And then the remainder will be conveyed as part of a convey

3875
03:13:49,870 --> 03:13:51,000
ance platte.

3876
03:13:51,000 --> 03:13:54,659
Project number is CV15-4 and is before you for

3877
03:13:54,659 --> 03:13:57,000
consideration this evening.

3878
03:13:57,000 --> 03:14:00,250
All of the technical requirements of the platte have been

3879
03:14:00,250 --> 03:14:03,000
met and the platte is in order as submitted.

3880
03:14:03,000 --> 03:14:05,700
The replat complies with all debt and development code

3881
03:14:05,700 --> 03:14:08,000
requirements and staff recommends approval.

3882
03:14:08,000 --> 03:14:10,000
I'll stand for any questions.

3883
03:14:10,000 --> 03:14:16,000
>> Are there questions for staff?

3884
03:14:16,000 --> 03:14:18,000
Okay.

3885
03:14:18,000 --> 03:14:21,000
Thank you, Sophie.

3886
03:14:21,000 --> 03:14:24,000
Would the applicant care to speak?

3887
03:14:24,000 --> 03:14:25,000
This is a public hearing.

3888
03:14:25,000 --> 03:14:28,469
If anyone would like to speak for or against this item, you

3889
03:14:28,469 --> 03:14:31,000
're certainly welcome to at this time.

3890
03:14:31,000 --> 03:14:34,000
Is there anyone that would like to speak?

3891
03:14:34,000 --> 03:14:35,000
Okay.

3892
03:14:35,000 --> 03:14:38,680
With that, I will close the public hearing at 9.07 and open

3893
03:14:38,680 --> 03:14:40,000
it up to discussion.

3894
03:14:40,000 --> 03:14:42,000
Commissioner Taylor.

3895
03:14:42,000 --> 03:14:44,000
>> I move approval of this platte.

3896
03:14:44,000 --> 03:14:45,000
>> Commissioner Beck.

3897
03:14:45,000 --> 03:14:46,000
>> Second.

3898
03:14:46,000 --> 03:14:49,000
>> Is there any further discussion on this?

3899
03:14:49,000 --> 03:14:52,280
We've got a first from Commissioner Taylor and a second

3900
03:14:52,280 --> 03:14:54,000
from Commissioner Beck.

3901
03:14:54,000 --> 03:14:55,000
Okay.

3902
03:14:55,000 --> 03:15:04,000
Then please vote on the board.

3903
03:15:04,000 --> 03:15:07,000
That motion passes, 5-0.

3904
03:15:07,000 --> 03:15:09,000
Up next is 3A.

3905
03:15:09,000 --> 03:15:10,000
Am I correct in that?

3906
03:15:10,000 --> 03:15:11,000
3A.

3907
03:15:11,000 --> 03:15:13,000
We're going to go back to the consent agenda.

3908
03:15:13,000 --> 03:15:16,000
We did pull item 3A at the beginning of this meeting.

3909
03:15:16,000 --> 03:15:19,049
We'll hear it now, which is to consider conveyance platte

3910
03:15:19,049 --> 03:15:28,000
of lot 13, block 1 of the Razor Ranch Town Center, phase 1.

3911
03:15:28,000 --> 03:15:31,770
Do we just move right into--we don't need a staff

3912
03:15:31,770 --> 03:15:34,000
presentation on this?

3913
03:15:34,000 --> 03:15:35,000
Okay.

3914
03:15:35,000 --> 03:15:36,000
All right.

3915
03:15:36,000 --> 03:15:37,000
Commissioner Taylor.

3916
03:15:37,000 --> 03:15:41,000
>> I move acceptance of platte of 3-1A.

3917
03:15:41,000 --> 03:15:44,000
3A, excuse me.

3918
03:15:44,000 --> 03:15:47,219
>> We have a motion for approval of item 3A from

3919
03:15:47,219 --> 03:15:49,000
Commissioner Taylor.

3920
03:15:49,000 --> 03:15:50,000
Commissioner Rossell.

3921
03:15:50,000 --> 03:15:52,000
>> I second that motion.

3922
03:15:52,000 --> 03:15:54,000
>> Got a first and a second.

3923
03:15:54,000 --> 03:16:05,000
If there's no discussion, then we can vote on the board.

3924
03:16:05,000 --> 03:16:09,000
Item 3A passes unanimously, 5-0.

3925
03:16:09,000 --> 03:16:12,000
Now we move on to items for individual consideration.

3926
03:16:12,000 --> 03:16:15,729
Item 4A, consider approval of a site plan within the Razor

3927
03:16:15,729 --> 03:16:20,559
Ranch South Campus for a drive-through restaurant on lot 1,

3928
03:16:20,559 --> 03:16:26,000
block A of the Razor Ranch Town Center, phase 1.

3929
03:16:26,000 --> 03:16:28,870
This is not a public hearing, so I don't have to note the

3930
03:16:28,870 --> 03:16:30,000
time, correct?

3931
03:16:30,000 --> 03:16:31,000
>> Correct.

3932
03:16:31,000 --> 03:16:32,000
>> Okay.

3933
03:16:32,000 --> 03:16:33,000
I'm new to this.

3934
03:16:33,000 --> 03:16:34,000
Thank you.

3935
03:16:34,000 --> 03:16:35,000
>> Well, we took it a little out of order.

3936
03:16:35,000 --> 03:16:36,000
>> We did.

3937
03:16:36,000 --> 03:16:37,000
I know.

3938
03:16:37,000 --> 03:16:38,000
It's very confusing.

3939
03:16:38,000 --> 03:16:39,000
>> Thank you.

3940
03:16:39,000 --> 03:16:40,000
Okay.

3941
03:16:40,000 --> 03:16:41,000
So from that, we'll hear from staff.

3942
03:16:41,000 --> 03:16:42,000
>> All right.

3943
03:16:42,000 --> 03:16:43,000
Thank you.

3944
03:16:43,000 --> 03:16:48,000
This is SP15-4, the In-N-Out Burger Razor Ranch Site Plan.

3945
03:16:48,000 --> 03:16:50,340
Request before you to consider approval of a site plan

3946
03:16:50,340 --> 03:16:54,120
within the Razor Ranch South Campus for a 3,870-square-foot

3947
03:16:54,120 --> 03:16:58,260
drive-through restaurant on lot 1, block A of the Razor

3948
03:16:58,260 --> 03:17:01,000
Ranch Town Center, phase 1.

3949
03:17:01,000 --> 03:17:03,000
Subject property is outlined in red on the screen.

3950
03:17:03,000 --> 03:17:07,799
It's on the south side of US Highway 380 and 300 feet east

3951
03:17:07,799 --> 03:17:09,000
of I-35.

3952
03:17:09,000 --> 03:17:12,219
Subject property is located within the Razor Ranch Overlay

3953
03:17:12,219 --> 03:17:13,000
District.

3954
03:17:13,000 --> 03:17:16,000
It's further located in the South RR2 sub-district.

3955
03:17:16,000 --> 03:17:19,979
Drive-throughs and restaurants are permitted in that

3956
03:17:19,979 --> 03:17:21,000
district.

3957
03:17:21,000 --> 03:17:24,000
So we go over some previously approved projects.

3958
03:17:24,000 --> 03:17:27,500
The In-N-Out Burger, if approved tonight, will be next to

3959
03:17:27,500 --> 03:17:29,000
the Chili's on lot 2.

3960
03:17:29,000 --> 03:17:33,010
This was previously approved as well as Multitenant Retail

3961
03:17:33,010 --> 03:17:34,000
on lot 4.

3962
03:17:34,000 --> 03:17:37,000
Raising Cane's Drive-Through Restaurant on lot 5.

3963
03:17:37,000 --> 03:17:40,000
Wynco on lot 9.

3964
03:17:40,000 --> 03:17:44,729
And then Multitenant Retail was also recently approved next

3965
03:17:44,729 --> 03:17:46,000
to the Wynco.

3966
03:17:46,000 --> 03:17:49,799
Razor Ranch site plans are required to submit a site plan,

3967
03:17:49,799 --> 03:17:53,000
landscape plan, and building elevations.

3968
03:17:53,000 --> 03:17:56,000
This is the site plan for the In-N-Out Burger.

3969
03:17:56,000 --> 03:17:58,000
It is located again on lot 1.

3970
03:17:58,000 --> 03:18:01,829
There is an approved TxDOT permit for this opening onto

3971
03:18:01,829 --> 03:18:03,000
University.

3972
03:18:03,000 --> 03:18:06,000
The lot coverage is 74%.

3973
03:18:06,000 --> 03:18:08,000
Landscape area is 25%.

3974
03:18:08,000 --> 03:18:11,000
And it complies with that section of the Overlay District.

3975
03:18:11,000 --> 03:18:14,000
This is the landscape plan.

3976
03:18:14,000 --> 03:18:19,260
They provide 29% parking lot landscaping, 37% parking lot

3977
03:18:19,260 --> 03:18:21,000
tree canopy.

3978
03:18:21,000 --> 03:18:26,989
As for the Hartscape and Plaza area, they've combined three

3979
03:18:26,989 --> 03:18:29,000
elements into that Plaza area,

3980
03:18:29,000 --> 03:18:33,170
including outdoor dining, additional pedestrian seating, as

3981
03:18:33,170 --> 03:18:37,000
well as integrated shade to that Plaza area.

3982
03:18:37,000 --> 03:18:41,000
These are the elevations.

3983
03:18:41,000 --> 03:18:44,270
The top one is the south elevation, as you would be looking

3984
03:18:44,270 --> 03:18:46,000
north from the town center.

3985
03:18:46,000 --> 03:18:50,649
The east elevation is, as you would be looking, from the

3986
03:18:50,649 --> 03:18:53,000
adjacent lot to the Chili's.

3987
03:18:53,000 --> 03:18:58,000
And this is also considered their main entrance.

3988
03:18:58,000 --> 03:19:02,000
The north elevation is what you'd be looking at from 380.

3989
03:19:02,000 --> 03:19:05,510
And the west elevation is what you would be looking at from

3990
03:19:05,510 --> 03:19:07,000
the internal drive.

3991
03:19:07,000 --> 03:19:11,040
The elevations substantially comply with the architectural

3992
03:19:11,040 --> 03:19:14,000
requirements for the Razor Ranch Overlay District.

3993
03:19:14,000 --> 03:19:18,760
This includes elements as to the color scheme, as well as

3994
03:19:18,760 --> 03:19:21,000
the building material.

3995
03:19:21,000 --> 03:19:24,209
So the site plan, just to go through the criteria for

3996
03:19:24,209 --> 03:19:25,000
approval,

3997
03:19:25,000 --> 03:19:27,610
the site plan does comply with the concept and schematic

3998
03:19:27,610 --> 03:19:31,000
plan, as the use is permitted.

3999
03:19:31,000 --> 03:19:33,659
The site plan also provides for a compatible arrangement of

4000
03:19:33,659 --> 03:19:35,000
buildings and land uses.

4001
03:19:35,000 --> 03:19:38,879
It's bordered by University Drive to the north and is

4002
03:19:38,879 --> 03:19:42,000
surrounded by other commercial uses.

4003
03:19:42,000 --> 03:19:46,469
The site plan shares internal drive aisles and allows for

4004
03:19:46,469 --> 03:19:49,000
the safe movement of pedestrians and vehicular traffic.

4005
03:19:49,000 --> 03:19:53,000
So it meets this criteria for approval.

4006
03:19:53,000 --> 03:19:56,569
And it also fully complies with all other sections of the

4007
03:19:56,569 --> 03:19:58,000
Overlay District.

4008
03:19:58,000 --> 03:20:01,069
Staff is recommending approval of the proposed site plan,

4009
03:20:01,069 --> 03:20:03,000
as it is consistent with the Razor Ranch Overlay District.

4010
03:20:03,000 --> 03:20:06,000
And I'll stand for any questions.

4011
03:20:06,000 --> 03:20:08,000
Commissioner Rozelle.

4012
03:20:08,000 --> 03:20:09,000
Thank you, Vice Chair.

4013
03:20:09,000 --> 03:20:14,000
I have maybe more point of clarification.

4014
03:20:14,000 --> 03:20:20,180
One of the entrances to that property is on the far west,

4015
03:20:20,180 --> 03:20:24,000
and it's a right in, right out, I believe.

4016
03:20:24,000 --> 03:20:27,729
Correct. On the west side of that landscape, there's going

4017
03:20:27,729 --> 03:20:29,000
to be a road, right?

4018
03:20:29,000 --> 03:20:31,000
Correct. This is an internal drive aisle.

4019
03:20:31,000 --> 03:20:32,000
Okay.

4020
03:20:32,000 --> 03:20:34,000
And it will connect this road down here.

4021
03:20:34,000 --> 03:20:37,000
I can actually take you back to this.

4022
03:20:37,000 --> 03:20:40,000
This is Lot 1. This is where the Manow Burger is.

4023
03:20:40,000 --> 03:20:42,000
There's an entrance here.

4024
03:20:42,000 --> 03:20:45,319
And this internal drive aisle acts as kind of a spine

4025
03:20:45,319 --> 03:20:48,940
between the auto-oriented kind of pad buildings on this

4026
03:20:48,940 --> 03:20:50,000
north side.

4027
03:20:50,000 --> 03:20:53,110
And this road here will eventually be your entrance to the

4028
03:20:53,110 --> 03:20:54,000
town center.

4029
03:20:54,000 --> 03:20:57,680
Okay. So on University, right there on the west side, there

4030
03:20:57,680 --> 03:21:01,000
is a curb cut for a north turn.

4031
03:21:01,000 --> 03:21:03,649
So you're heading east. You can turn into that racetrack or

4032
03:21:03,649 --> 03:21:05,000
quick trip right there.

4033
03:21:05,000 --> 03:21:10,549
Is it an obligation of TxDOT to have a turn lane going left

4034
03:21:10,549 --> 03:21:11,000
?

4035
03:21:11,000 --> 03:21:14,000
Or is it just assuming that they would turn on that street?

4036
03:21:14,000 --> 03:21:17,209
If there's a curb cut there but not a turn lane, I wonder

4037
03:21:17,209 --> 03:21:20,129
if that causes any confusion, if people can turn left into

4038
03:21:20,129 --> 03:21:21,000
and out?

4039
03:21:21,000 --> 03:21:24,000
I know that the analysis was done with this TxDOT permit.

4040
03:21:24,000 --> 03:21:26,450
Earl Escobar is here, and he can probably answer any

4041
03:21:26,450 --> 03:21:29,100
questions to that TxDOT permit and the requirements that

4042
03:21:29,100 --> 03:21:30,000
were there for that.

4043
03:21:30,000 --> 03:21:33,819
I was wondering about that left turn being open but not

4044
03:21:33,819 --> 03:21:35,000
designated.

4045
03:21:35,000 --> 03:21:38,000
Thank you.

4046
03:21:38,000 --> 03:21:40,000
Easier to explain with an aerial.

4047
03:21:40,000 --> 03:21:43,000
Yeah.

4048
03:21:43,000 --> 03:21:47,000
I can explain it.

4049
03:21:47,000 --> 03:21:49,319
Good evening, Commissioner Earl Escobar, Engineering

4050
03:21:49,319 --> 03:21:50,000
Department.

4051
03:21:50,000 --> 03:21:55,000
There is a median opening at the driveway location.

4052
03:21:55,000 --> 03:21:59,909
However, there is not a left turn lane to head south onto

4053
03:21:59,909 --> 03:22:01,000
the site.

4054
03:22:01,000 --> 03:22:03,969
So that is why this driveway was only approved as a right

4055
03:22:03,969 --> 03:22:05,000
in, right out.

4056
03:22:05,000 --> 03:22:08,100
And that's why you have that pork chop and island to

4057
03:22:08,100 --> 03:22:10,000
prevent those left turns from --

4058
03:22:10,000 --> 03:22:12,000
Perfect. I didn't know there was that island there.

4059
03:22:12,000 --> 03:22:15,469
So there would be kind of a block from that left turn

4060
03:22:15,469 --> 03:22:17,000
getting in there.

4061
03:22:17,000 --> 03:22:20,729
And that would also prevent any left turn movements out of

4062
03:22:20,729 --> 03:22:23,000
the site onto 380 as well.

4063
03:22:23,000 --> 03:22:28,000
Perfect. Thanks for that clarification.

4064
03:22:28,000 --> 03:22:33,000
Are there other questions for staff?

4065
03:22:33,000 --> 03:22:38,000
Okay. The applicant is here. Would you like to speak?

4066
03:22:38,000 --> 03:22:41,000
No.

4067
03:22:41,000 --> 03:22:44,000
Are there questions for the applicant?

4068
03:22:44,000 --> 03:22:47,000
Okay.

4069
03:22:47,000 --> 03:22:50,950
And I did not see any cards submitted for anyone that would

4070
03:22:50,950 --> 03:22:53,000
like to speak to this item.

4071
03:22:53,000 --> 03:22:56,500
So I guess we're moving on to discussion from the

4072
03:22:56,500 --> 03:22:58,000
commissioners.

4073
03:22:58,000 --> 03:23:01,209
I just wanted to point out to both staff and to the

4074
03:23:01,209 --> 03:23:02,000
applicant,

4075
03:23:02,000 --> 03:23:04,329
I really appreciate you all pointing out where the bike

4076
03:23:04,329 --> 03:23:05,000
racks were.

4077
03:23:05,000 --> 03:23:07,469
I know I've been up here for a couple of years, Yammering,

4078
03:23:07,469 --> 03:23:08,000
about that.

4079
03:23:08,000 --> 03:23:11,950
And I've noticed that has come to us in other Razor Ranch

4080
03:23:11,950 --> 03:23:13,000
applications

4081
03:23:13,000 --> 03:23:17,000
and other applications from other applicants in the city.

4082
03:23:17,000 --> 03:23:19,649
And you all are starting to like not only put in the bike

4083
03:23:19,649 --> 03:23:20,000
racks proactively,

4084
03:23:20,000 --> 03:23:23,729
but point them out. And I just wanted to thank you for that

4085
03:23:23,729 --> 03:23:24,000
.

4086
03:23:24,000 --> 03:23:27,649
I think it furthers our goal as a bike and pedestrian

4087
03:23:27,649 --> 03:23:29,000
friendly city.

4088
03:23:29,000 --> 03:23:35,000
So thank you.

4089
03:23:35,000 --> 03:23:37,000
Any conversation on this?

4090
03:23:37,000 --> 03:23:39,000
You're going to let me have the last word?

4091
03:23:39,000 --> 03:23:41,000
Commissioner Taylor?

4092
03:23:41,000 --> 03:23:44,000
I move approval of the site plan.

4093
03:23:44,000 --> 03:23:45,000
Commissioner Dudowitz?

4094
03:23:45,000 --> 03:23:47,000
I second the motion.

4095
03:23:47,000 --> 03:23:50,000
Got a first and a second to approve this.

4096
03:23:50,000 --> 03:23:53,000
Any further discussion?

4097
03:23:53,000 --> 03:24:02,000
Okay. Then let's vote.

4098
03:24:02,000 --> 03:24:06,000
That motion passes unanimously 5-0.

4099
03:24:06,000 --> 03:24:12,000
Thank you. And then our next item is item 4B.

4100
03:24:12,000 --> 03:24:14,610
Consider approval for a site plan within the Razor Ranch

4101
03:24:14,610 --> 03:24:15,000
South Campus

4102
03:24:15,000 --> 03:24:19,000
for a convention center and hotel on lots 11 and 12,

4103
03:24:19,000 --> 03:24:25,000
block A of the Razor Ranch Town Center, phase one.

4104
03:24:25,000 --> 03:24:27,000
Go ahead, Sophie. Take it away.

4105
03:24:27,000 --> 03:24:30,389
This is SP158, the Razor Ranch Embassy Suites and

4106
03:24:30,389 --> 03:24:32,000
Convention Center.

4107
03:24:32,000 --> 03:24:34,000
The request is to consider approval of a site plan

4108
03:24:34,000 --> 03:24:40,000
in the Razor Ranch South Campus for 115,860 square foot

4109
03:24:40,000 --> 03:24:40,000
hotel

4110
03:24:40,000 --> 03:24:43,000
and convention center on lots 11 and 12,

4111
03:24:43,000 --> 03:24:47,000
block A of the Razor Ranch Town Center, phase one.

4112
03:24:47,000 --> 03:24:50,000
Site is approximately 12 acre tract.

4113
03:24:50,000 --> 03:24:54,620
It's located on the south side of US Highway 380 and 500

4114
03:24:54,620 --> 03:24:56,000
feet east of I-35.

4115
03:24:56,000 --> 03:25:03,000
It's located in this red outline here.

4116
03:25:03,000 --> 03:25:05,389
Subject property is located within the Razor Ranch Overlay

4117
03:25:05,389 --> 03:25:06,000
District.

4118
03:25:06,000 --> 03:25:09,000
It's further located in the South RR1 Sub-District.

4119
03:25:09,000 --> 03:25:12,739
Hotels and convention centers are both permitted in this

4120
03:25:12,739 --> 03:25:14,000
sub-district.

4121
03:25:14,000 --> 03:25:16,000
Again, Razor Ranch site plans.

4122
03:25:16,000 --> 03:25:20,389
They submit a site plan, landscape plan, and building elev

4123
03:25:20,389 --> 03:25:21,000
ations.

4124
03:25:21,000 --> 03:25:24,000
This is the site plan for the convention center.

4125
03:25:24,000 --> 03:25:29,350
This is oriented so that north and US 380 are towards the

4126
03:25:29,350 --> 03:25:32,000
left side of your screen.

4127
03:25:32,000 --> 03:25:38,000
They are at 82% lot coverage and 18% landscaped area.

4128
03:25:38,000 --> 03:25:40,000
Just to show the footprint of the building,

4129
03:25:40,000 --> 03:25:44,159
everything that is inside the blue, the dark blue outline,

4130
03:25:44,159 --> 03:25:46,000
is building footprint.

4131
03:25:46,000 --> 03:25:51,180
Anything in the yellow outline, that is the tower for the

4132
03:25:51,180 --> 03:25:52,000
hotel.

4133
03:25:52,000 --> 03:25:56,000
Just to show the disparity kind of between those two

4134
03:25:56,000 --> 03:26:01,000
and how it's located and how it's sited.

4135
03:26:01,000 --> 03:26:03,000
This is the landscape plan.

4136
03:26:03,000 --> 03:26:07,000
11% parking lot landscaping is provided as well as 41% tree

4137
03:26:07,000 --> 03:26:08,000
canopy.

4138
03:26:08,000 --> 03:26:11,440
Again, there's a balanced landscape consistent with

4139
03:26:11,440 --> 03:26:13,000
convention centers.

4140
03:26:13,000 --> 03:26:18,000
You also have the town center located off to the left side

4141
03:26:18,000 --> 03:26:23,659
that provides that visual corridor to the convention center

4142
03:26:23,659 --> 03:26:24,000
.

4143
03:26:24,000 --> 03:26:27,680
They also provided hardscape and plaza area that complies

4144
03:26:27,680 --> 03:26:29,000
with the overlay district.

4145
03:26:29,000 --> 03:26:33,000
They included seating area, additional plaza trees, shade

4146
03:26:33,000 --> 03:26:36,000
with open space, bike racks, and planters.

4147
03:26:36,000 --> 03:26:43,000
They also have an event lawn on the front of the building.

4148
03:26:43,000 --> 03:26:46,000
These are the elevations that were provided.

4149
03:26:46,000 --> 03:26:48,000
They were also provided to you during work session.

4150
03:26:48,000 --> 03:26:51,530
The wrong copy was in your backup, so I just wanted to

4151
03:26:51,530 --> 03:26:53,000
clarify that.

4152
03:26:53,000 --> 03:26:56,110
This elevation is the north as you would be looking from

4153
03:26:56,110 --> 03:26:58,000
the town center to the south.

4154
03:26:58,000 --> 03:27:01,280
This is the entrance to the hotel and to the convention

4155
03:27:01,280 --> 03:27:02,000
center.

4156
03:27:02,000 --> 03:27:05,000
The tower is then on the top.

4157
03:27:05,000 --> 03:27:09,770
The Hoolahands restaurant is located where my mouse is over

4158
03:27:09,770 --> 03:27:11,000
on the left.

4159
03:27:11,000 --> 03:27:14,000
This bottom elevation here, the south elevation,

4160
03:27:14,000 --> 03:27:17,079
that's as you would be looking north from the other side of

4161
03:27:17,079 --> 03:27:18,000
the property.

4162
03:27:18,000 --> 03:27:21,000
This is a wall that's longer than 100 feet,

4163
03:27:21,000 --> 03:27:24,100
but it's been broken up by different building materials,

4164
03:27:24,100 --> 03:27:25,000
colors,

4165
03:27:25,000 --> 03:27:28,229
to give a better sense of the four-sided architecture we

4166
03:27:28,229 --> 03:27:32,000
really like to see throughout the Razor Ranch town center.

4167
03:27:32,000 --> 03:27:37,000
And then, of course, you have the tower from the hotel.

4168
03:27:37,000 --> 03:27:39,000
This is the east elevation.

4169
03:27:39,000 --> 03:27:43,520
The top elevation here is as you would be looking from

4170
03:27:43,520 --> 03:27:45,000
Heritage Trail.

4171
03:27:45,000 --> 03:27:48,329
Again, you have changes in building materials and colors to

4172
03:27:48,329 --> 03:27:52,000
give a more pedestrian feel along the side of the building,

4173
03:27:52,000 --> 03:27:55,920
as well as on the west side there's windows, additional

4174
03:27:55,920 --> 03:27:58,000
entrances to the building,

4175
03:27:58,000 --> 03:28:04,280
and this west elevation is as you would be looking from the

4176
03:28:04,280 --> 03:28:07,000
highway, I-35.

4177
03:28:07,000 --> 03:28:11,000
Site plan does comply with the concept and schematic plan.

4178
03:28:11,000 --> 03:28:17,120
Hotels and convention centers are permitted by this concept

4179
03:28:17,120 --> 03:28:18,000
plan.

4180
03:28:18,000 --> 03:28:20,719
Site plan also provides a compatible arrangement of

4181
03:28:20,719 --> 03:28:24,110
buildings and land uses and satisfies this criteria for

4182
03:28:24,110 --> 03:28:25,000
approval.

4183
03:28:25,000 --> 03:28:29,909
It's interior to the overall development and is surrounded

4184
03:28:29,909 --> 03:28:33,000
by other commercial uses.

4185
03:28:33,000 --> 03:28:36,000
Site plan also meets the third criteria for approval.

4186
03:28:36,000 --> 03:28:41,280
It allows for the access of pedestrians and safe vehicular

4187
03:28:41,280 --> 03:28:44,000
traffic throughout the site.

4188
03:28:44,000 --> 03:28:47,329
And the site plan also fully complies with all other

4189
03:28:47,329 --> 03:28:51,000
development regulations of the overlay ordinance.

4190
03:28:51,000 --> 03:28:54,360
Staff recommends approval of the proposed site plan as it's

4191
03:28:54,360 --> 03:28:57,000
consistent with the Razor Ranch overlay district.

4192
03:28:57,000 --> 03:29:00,000
And I'll stand for any questions.

4193
03:29:00,000 --> 03:29:03,000
Any questions for staff?

4194
03:29:03,000 --> 03:29:05,000
Okay. Thank you, Sophie.

4195
03:29:05,000 --> 03:29:08,819
And I think I know your answer, but would the applicant

4196
03:29:08,819 --> 03:29:11,000
like to speak to this issue?

4197
03:29:11,000 --> 03:29:14,000
And are there any questions for the applicant?

4198
03:29:14,000 --> 03:29:17,000
Okay. I think you're good. Thanks.

4199
03:29:17,000 --> 03:29:21,780
Okay. So is there any conversation that we'd like to have

4200
03:29:21,780 --> 03:29:23,000
on this item?

4201
03:29:23,000 --> 03:29:27,000
Is there a motion to approve?

4202
03:29:27,000 --> 03:29:29,000
Commissioner Rozelle?

4203
03:29:29,000 --> 03:29:31,000
I motion to approve this item.

4204
03:29:31,000 --> 03:29:32,000
And Commissioner Dudowitz?

4205
03:29:32,000 --> 03:29:34,000
I second the motion.

4206
03:29:34,000 --> 03:29:36,920
All right. We've got a first and a second. Is there any

4207
03:29:36,920 --> 03:29:39,000
further conversation?

4208
03:29:39,000 --> 03:29:50,000
Seeing none, we can vote on the board.

4209
03:29:50,000 --> 03:29:54,000
That motion passes 5-0.

4210
03:29:54,000 --> 03:29:58,000
So I'm looking over our agenda and we skipped around a bit,

4211
03:29:58,000 --> 03:30:00,000
but I think we covered everything.

4212
03:30:00,000 --> 03:30:01,000
Is that correct? Okay.

4213
03:30:01,000 --> 03:30:05,770
So then our next item then would be 6-A, discussion of the

4214
03:30:05,770 --> 03:30:10,000
Planning and Zoning Commission Project Matrix.

4215
03:30:10,000 --> 03:30:12,000
Thank you, Vice Chair.

4216
03:30:12,000 --> 03:30:15,579
That item, the report in there is basically identifying

4217
03:30:15,579 --> 03:30:19,000
items that the commission collectively wanted to be

4218
03:30:19,000 --> 03:30:23,000
discussed with projected timelines and tentative dates.

4219
03:30:23,000 --> 03:30:27,379
If you have any questions regarding that, we can address

4220
03:30:27,379 --> 03:30:28,000
those.

4221
03:30:28,000 --> 03:30:33,239
We're working diligently to try and address most of the

4222
03:30:33,239 --> 03:30:35,000
requests made.

4223
03:30:35,000 --> 03:30:37,000
Commissioner Taylor?

4224
03:30:37,000 --> 03:30:39,000
Thank you, Vice Chair.

4225
03:30:39,000 --> 03:30:42,100
I notice the third item on the list is a presentation

4226
03:30:42,100 --> 03:30:45,610
regarding bicycle linkage component of the Denton Mobility

4227
03:30:45,610 --> 03:30:46,000
Plan.

4228
03:30:46,000 --> 03:30:50,000
And that's scheduled for just a few weeks from now.

4229
03:30:50,000 --> 03:30:56,139
If it wouldn't be too much work, I would love to see a

4230
03:30:56,139 --> 03:31:01,000
rough timeline of coming soon projects.

4231
03:31:01,000 --> 03:31:05,520
If there's stuff that's planned in the next year or two or

4232
03:31:05,520 --> 03:31:09,180
whatever timeline it might be, if it's one year within

4233
03:31:09,180 --> 03:31:13,809
three years, within five years of projects related to

4234
03:31:13,809 --> 03:31:17,000
bicycle and pedestrian facilities.

4235
03:31:17,000 --> 03:31:20,100
We can definitely discuss that with Julie Anderson and

4236
03:31:20,100 --> 03:31:22,000
provide you an update on that.

4237
03:31:22,000 --> 03:31:24,479
Yeah, and I don't want to create a huge amount of work

4238
03:31:24,479 --> 03:31:27,000
creating some kind of in-depth list and timeframe.

4239
03:31:27,000 --> 03:31:30,139
But if there's a known that these projects are in the

4240
03:31:30,139 --> 03:31:34,840
progress now and these are planned in the next two years or

4241
03:31:34,840 --> 03:31:37,000
something like that.

4242
03:31:37,000 --> 03:31:38,000
Commissioner Rossell?

4243
03:31:38,000 --> 03:31:39,000
Thank you.

4244
03:31:39,000 --> 03:31:41,899
I'm not sure if it should be on the matrix, but two

4245
03:31:41,899 --> 03:31:45,409
meetings ago, three meetings ago, there was discussion

4246
03:31:45,409 --> 03:31:49,280
about there was actually a bicycle count completed by Julie

4247
03:31:49,280 --> 03:31:51,000
Anderson and her team.

4248
03:31:51,000 --> 03:31:54,209
We got an update on the outcome of there's like seven

4249
03:31:54,209 --> 03:31:57,000
locations that they did the bike count on.

4250
03:31:57,000 --> 03:31:59,000
If we could get an update on that research.

4251
03:31:59,000 --> 03:32:03,000
And that might be coming at this January 27th meeting.

4252
03:32:03,000 --> 03:32:06,000
I'm not sure if that's included in the presentation.

4253
03:32:06,000 --> 03:32:09,000
But I know there was that study done. I would just like to

4254
03:32:09,000 --> 03:32:09,000
see the results of that.

4255
03:32:09,000 --> 03:32:14,000
Sure.

4256
03:32:14,000 --> 03:32:20,000
Anything else on item 6A?

4257
03:32:20,000 --> 03:32:23,000
And with that, we went through everything.

4258
03:32:23,000 --> 03:32:27,000
So we're about ready to go home at 925.

4259
03:32:27,000 --> 03:32:29,000
I will close the Planning and Zoning Commission meeting.

4260
03:32:29,000 --> 03:32:30,000
Thank you, everyone.

4261
03:32:30,000 --> 03:32:31,000
I'm sorry.

4262
03:32:31,000 --> 03:32:33,000
I'm sorry, Commissioner.

4263
03:32:33,000 --> 03:32:34,000
Pardon me.

4264
03:32:34,000 --> 03:32:35,000
I didn't see you ring in here.

4265
03:32:35,000 --> 03:32:36,000
That's right.

4266
03:32:36,000 --> 03:32:37,000
I didn't hit the bar.

4267
03:32:37,000 --> 03:32:39,430
I think I saw the answer to my question about the duties

4268
03:32:39,430 --> 03:32:42,930
and responsibility to Planning and Zoning with blighted

4269
03:32:42,930 --> 03:32:45,000
areas is to be forthcoming.

4270
03:32:45,000 --> 03:32:47,000
Correct.

4271
03:32:47,000 --> 03:32:50,870
We will provide some insight and some will provide the

4272
03:32:50,870 --> 03:32:55,100
Commission with the roles and responsibilities of the P&Z

4273
03:32:55,100 --> 03:32:56,000
as well.

4274
03:32:56,000 --> 03:32:57,000
Okay.

4275
03:32:57,000 --> 03:32:58,000
Thank you.

4276
03:32:58,000 --> 03:33:00,000
Is there anyone else that I missed?

4277
03:33:00,000 --> 03:33:01,000
We're good.

4278
03:33:01,000 --> 03:33:02,000
Okay. Thank you.

4279
03:33:02,000 --> 03:33:04,000
And with that, I will close the meeting at 925.

4280
03:33:04,000 --> 03:33:07,000
Thank you very much for staying so late.

4281
03:33:07,000 --> 03:33:08,000
Good work, team.