WEBVTT 00:00:00.000 --> 00:00:07.040 March 9th meeting. It is 5/12 and our meeting has been duly 00:00:07.040 --> 00:00:07.839 posted and a 00:00:07.839 --> 00:00:11.150 quorum is present and I will call our meeting to order and 00:00:11.150 --> 00:00:12.759 our first item of 00:00:12.759 --> 00:00:16.199 business is going to receive a clarification of agenda 00:00:16.199 --> 00:00:17.079 items and I will 00:00:17.079 --> 00:00:21.000 turn it over to Manal for that presentation. Thank You 00:00:21.000 --> 00:00:21.480 Chairperson 00:00:21.480 --> 00:00:24.000 Strange. If I can just make a quick announcement please 00:00:24.000 --> 00:00:24.440 prior to 00:00:24.440 --> 00:00:27.289 commencing with the work session item. I would like to let 00:00:27.289 --> 00:00:28.160 the Planning and 00:00:28.160 --> 00:00:31.910 Zoning Commission know that sadly we are losing our senior 00:00:31.910 --> 00:00:32.759 planner Ross 00:00:32.759 --> 00:00:36.320 Colbettson. He's moving on to bigger and bigger adventures 00:00:36.320 --> 00:00:37.200 and tonight will be 00:00:37.200 --> 00:00:39.700 his last meeting with us. His last day with us is this 00:00:39.700 --> 00:00:40.880 Friday and I just wanted 00:00:40.880 --> 00:00:44.740 to personally thank Ross for being a valuable contributor 00:00:44.740 --> 00:00:45.600 to the community, 00:00:45.600 --> 00:00:50.600 the department and you will be sadly missed. 00:00:53.679 --> 00:00:58.719 Another quick item that I wanted to bring up was as we move 00:00:58.719 --> 00:00:59.759 into our regular 00:00:59.759 --> 00:01:03.000 meeting we're changing the process just a little bit but I 00:01:03.000 --> 00:01:03.759 promise it's not 00:01:03.759 --> 00:01:07.269 confusing. What we're going to do is during our regular 00:01:07.269 --> 00:01:08.000 meeting public 00:01:08.000 --> 00:01:10.719 hearing items or any items that warrant a presentation from 00:01:10.719 --> 00:01:11.719 an applicant they 00:01:11.719 --> 00:01:15.400 will the chair will open the public hearing the applicant 00:01:15.400 --> 00:01:16.439 will make their 00:01:16.439 --> 00:01:19.790 presentation and staff will follow that and provide a 00:01:19.790 --> 00:01:20.680 summary and a 00:01:20.680 --> 00:01:23.159 recommendation so that that is on record but this gives a 00:01:23.159 --> 00:01:24.400 good opportunity for 00:01:24.400 --> 00:01:26.989 the applicant to provide their presentation too. Some 00:01:26.989 --> 00:01:28.000 applicants may not 00:01:28.000 --> 00:01:30.310 have a presentation and would just stand for question but 00:01:30.310 --> 00:01:31.480 this is the process we 00:01:31.480 --> 00:01:36.340 intend to attempt to follow starting tonight. Is there a 00:01:36.340 --> 00:01:37.560 time limit for the 00:01:37.560 --> 00:01:41.370 applicant to present? I believe there is and I'm looking at 00:01:41.370 --> 00:01:42.319 the...isn't it 10 00:01:42.319 --> 00:01:45.310 minutes? It's 10 minutes for the actual applicant and 10 00:01:45.310 --> 00:01:45.840 minutes for any 00:01:45.840 --> 00:01:49.040 representative up for a total of 20 minutes. Okay that's 00:01:49.040 --> 00:01:49.879 the same as what it's 00:01:49.879 --> 00:02:00.840 been. I have one other item that I will add to discussion 00:02:00.840 --> 00:02:01.959 right now for our work 00:02:01.959 --> 00:02:06.439 session. The item that's going to be presented in our 00:02:06.439 --> 00:02:07.400 regular meeting 00:02:07.400 --> 00:02:15.159 tonight which is Buc-E's or item D which is ADP 16-002 that 00:02:15.159 --> 00:02:15.919 item is going to be 00:02:15.919 --> 00:02:18.680 continued tonight so we will just be opening the public 00:02:18.680 --> 00:02:19.800 hearing and it will be 00:02:19.800 --> 00:02:23.659 continued to March 23rd so if any of you are watching or 00:02:23.659 --> 00:02:25.080 listening in regards to 00:02:25.080 --> 00:02:27.289 our work session and plan to come for that I want to let 00:02:27.289 --> 00:02:28.159 you know that that 00:02:28.159 --> 00:02:32.349 will be continued to the March 23rd meeting and we will 00:02:32.349 --> 00:02:33.840 then now proceed to 00:02:33.840 --> 00:02:37.599 our presentations this evening in work session. Thank You 00:02:37.599 --> 00:02:38.199 Commissioner Strange. 00:02:38.199 --> 00:02:41.169 If the Commission does not have any questions regarding the 00:02:41.169 --> 00:02:41.919 plots that are 00:02:41.919 --> 00:02:45.900 on the agenda we can move straight into our public hearing 00:02:45.900 --> 00:02:47.759 items. Seeing no 00:02:47.759 --> 00:02:50.520 questions regarding the plots we'll move to the first item 00:02:50.520 --> 00:02:54.840 that Z16-0001B. 00:02:54.840 --> 00:02:59.080 Mike Bell is our case planner on that however Mike Bell is 00:02:59.080 --> 00:02:59.960 not present tonight 00:02:59.960 --> 00:03:02.729 and Julie will be representing Mike Bell and making the 00:03:02.729 --> 00:03:06.800 presentation. Thanks Julie. 00:03:06.800 --> 00:03:10.750 Good evening Julie Wyatt associate planner with the City of 00:03:10.750 --> 00:03:12.560 Denton and 00:03:12.560 --> 00:03:17.900 tonight I'm presenting to you Z16-1 Windsor Gardens. The 00:03:17.900 --> 00:03:19.039 request is to 00:03:19.039 --> 00:03:22.080 consider making a recommendation to City Council regarding 00:03:22.080 --> 00:03:23.120 a rezoning request 00:03:23.120 --> 00:03:29.400 from NR2 to NRMU. The subject property is located on the 00:03:29.400 --> 00:03:31.120 northwest corner of 00:03:31.120 --> 00:03:36.169 Bonnie Bray and Windsor. The current zoning for the 00:03:36.169 --> 00:03:38.039 property is NR2. The 00:03:38.039 --> 00:03:41.280 request is the proposed zoning district is NRMU 00:03:41.280 --> 00:03:42.800 neighborhood residential 00:03:42.800 --> 00:03:46.789 mixed-use. The future land use designation of the property 00:03:46.789 --> 00:03:47.460 is community 00:03:47.460 --> 00:03:51.210 mixed-use. The zoning designations that most closely meet 00:03:51.210 --> 00:03:52.680 the intent of the 00:03:52.680 --> 00:03:56.539 neighborhood mixed-use future land use designation are NRMU 00:03:56.539 --> 00:03:59.599 12 and NRMU. 00:03:59.599 --> 00:04:03.039 The considerations that staff looked at regarding this 00:04:03.039 --> 00:04:04.360 request would be that 00:04:04.360 --> 00:04:10.199 consistent with the Denton plan 2030 and NRMU is consistent 00:04:10.199 --> 00:04:11.199 with the intent of 00:04:11.199 --> 00:04:14.520 the future land use designation. Additionally the 00:04:14.520 --> 00:04:16.240 properties location on 00:04:16.240 --> 00:04:20.100 at the intersection of two secondary arterial streets makes 00:04:20.100 --> 00:04:20.920 this an ideal 00:04:20.920 --> 00:04:27.040 location for the NRMU designation because uses like 00:04:27.040 --> 00:04:28.399 neighborhood retail 00:04:28.399 --> 00:04:32.050 service and employment uses also moderate density housing 00:04:32.050 --> 00:04:33.279 are appropriate 00:04:33.279 --> 00:04:37.600 for the area particularly as a transition to the single- 00:04:37.600 --> 00:04:37.920 family 00:04:37.920 --> 00:04:41.439 neighborhoods that are to the west. An additional 00:04:41.439 --> 00:04:43.079 consideration that staff 00:04:43.079 --> 00:04:47.279 looked at would be site constraints. The property is right 00:04:47.279 --> 00:04:49.199 here. As you can see 00:04:49.199 --> 00:04:53.639 adjacent to the property on the lots to the west there is a 00:04:53.639 --> 00:04:56.639 gas well site. This 00:04:56.639 --> 00:05:02.269 yellow portion is the 250 foot reverse setback that any 00:05:02.269 --> 00:05:03.800 protected use would 00:05:03.800 --> 00:05:09.870 need to meet so that is very near the subject property. 00:05:09.870 --> 00:05:11.279 Additionally this blue 00:05:11.279 --> 00:05:15.829 is FEMA floodplain so development could not occur within 00:05:15.829 --> 00:05:17.920 this blue area. So as 00:05:17.920 --> 00:05:22.269 you can see the develop the developable property is quite 00:05:22.269 --> 00:05:24.079 small. Staff doesn't 00:05:24.079 --> 00:05:31.470 foresee an NR2 development to to go in this area. One for 00:05:31.470 --> 00:05:32.360 the for the roadways 00:05:32.360 --> 00:05:35.569 that are adjacent and then also because what what could be 00:05:35.569 --> 00:05:36.680 developed is quite 00:05:36.680 --> 00:05:41.850 small. Public notification was sent out we have received 00:05:41.850 --> 00:05:43.399 one letter in 00:05:43.399 --> 00:05:47.519 favor it is the green area. So based upon the 00:05:47.519 --> 00:05:50.079 considerations and the 00:05:50.079 --> 00:05:52.519 require the criteria for approval in the Denton Development 00:05:52.519 --> 00:05:53.019 Code staff 00:05:53.019 --> 00:05:56.769 recommends approval of this request and I'll stand for any 00:05:56.769 --> 00:05:57.560 questions. 00:05:57.560 --> 00:06:04.069 Commissioner Taylor. Thank you chair. So I have several 00:06:04.069 --> 00:06:07.000 questions just about not 00:06:07.000 --> 00:06:16.600 so much this exact project. General use of NRMU versus CMG. 00:06:16.600 --> 00:06:18.959 Sure. So as you said 00:06:18.959 --> 00:06:21.399 these are two arterial it's an intersection of two arter 00:06:21.399 --> 00:06:21.920 ials and 00:06:21.920 --> 00:06:25.050 there's this area that's probably about 20 acres indicated 00:06:25.050 --> 00:06:26.040 in the future land 00:06:26.040 --> 00:06:30.519 use map for neighborhood mixed use. Yes sir. Could you 00:06:30.519 --> 00:06:32.920 describe under what 00:06:32.920 --> 00:06:40.199 scenarios would like a CMG versus an NRMU be the correct 00:06:40.199 --> 00:06:41.560 use at an arterial 00:06:41.560 --> 00:06:45.040 intersection and what's a typical size how big does a CMG 00:06:45.040 --> 00:06:46.100 need to be how big 00:06:46.100 --> 00:06:51.500 does an NRMU need to be? Well NRMU has a lot of limitations 00:06:51.500 --> 00:06:52.959 as to the to the the 00:06:52.959 --> 00:06:57.610 size of the use so the intensity of the use. NRMU by its 00:06:57.610 --> 00:06:58.839 nature would would 00:06:58.839 --> 00:07:05.279 require a smaller building footprint of the use and less 00:07:05.279 --> 00:07:08.279 intense. I would say one 00:07:08.279 --> 00:07:12.240 of the primary factors we would look at would be access. 00:07:12.240 --> 00:07:14.079 Bonnie Bray and Windsor 00:07:14.079 --> 00:07:16.800 are streets that are heavily traveled but they are 00:07:16.800 --> 00:07:18.839 secondary arterials whereas 00:07:18.839 --> 00:07:22.439 something like University is a primary arterial it's a much 00:07:22.439 --> 00:07:23.519 more heavily 00:07:23.519 --> 00:07:28.040 traveled streets. These are streets that are accessed by 00:07:28.040 --> 00:07:29.560 lots of neighborhoods 00:07:29.560 --> 00:07:33.910 near there but they are a little more cloistered than a 00:07:33.910 --> 00:07:35.480 university or maybe a 00:07:35.480 --> 00:07:39.910 Teasley would be. So we really don't foresee a CMG in this 00:07:39.910 --> 00:07:41.399 area because the 00:07:41.399 --> 00:07:45.589 access is mainly for the the adjacent neighborhoods and 00:07:45.589 --> 00:07:49.480 less for citywide. Our 00:07:49.480 --> 00:07:55.279 comp plan, let me make sure I'm speaking correctly. 00:08:09.120 --> 00:08:14.379 Den Plan 2030 doesn't necessarily call for a specific 00:08:14.379 --> 00:08:15.680 specific size of parcel 00:08:15.680 --> 00:08:19.540 but it is a smaller footprint than the CMG would be so it 00:08:19.540 --> 00:08:20.759 is intended to be 00:08:20.759 --> 00:08:24.069 more of a neighborhood scale than a CMG would be more of a 00:08:24.069 --> 00:08:25.199 community-wide scale. 00:08:25.199 --> 00:08:28.509 Does that answer your question? Did I get there? Yeah I was 00:08:28.509 --> 00:08:29.600 just trying to get and I 00:08:29.600 --> 00:08:32.379 understand every every location is different every project 00:08:32.379 --> 00:08:32.960 is different but 00:08:32.960 --> 00:08:35.830 I was just trying to say like an NRMU might be appropriate 00:08:35.830 --> 00:08:37.159 from 5 to 20 acres 00:08:37.159 --> 00:08:41.679 or a CMG we wouldn't want a CMG less than you know 20 or 15 00:08:41.679 --> 00:08:42.720 or so if there 00:08:42.720 --> 00:08:46.649 are some kind of categories of size where it would be it 00:08:46.649 --> 00:08:47.639 would not be 00:08:47.639 --> 00:08:51.389 feasible for an NRMU to be bigger than this or well she 00:08:51.389 --> 00:08:52.360 needs at least this 00:08:52.360 --> 00:08:56.220 much. That's a good point but when we look at both the NRMU 00:08:56.220 --> 00:08:57.360 and CMG we really 00:08:57.360 --> 00:09:00.120 want to see a mix of uses. There really was the intent of 00:09:00.120 --> 00:09:01.159 those zoning districts 00:09:01.159 --> 00:09:03.559 and I think it's the intent of the future land use 00:09:03.559 --> 00:09:04.879 designation so although 00:09:04.879 --> 00:09:09.070 a parcel may be smaller or may be larger what we want to 00:09:09.070 --> 00:09:10.840 see is a mix of uses in 00:09:10.840 --> 00:09:16.120 that area so we don't in our staff's analysis of the site 00:09:16.120 --> 00:09:17.159 we don't necessarily 00:09:17.159 --> 00:09:21.399 look at the size we look at the mix of uses and we look at 00:09:21.399 --> 00:09:22.360 the access. 00:09:24.919 --> 00:09:30.580 And one one final question since this is already designated 00:09:30.580 --> 00:09:32.360 NRMU in the future 00:09:32.360 --> 00:09:36.279 land use map would this have been appropriate for a staff 00:09:36.279 --> 00:09:36.879 initiated 00:09:36.879 --> 00:09:41.120 rezone? Yes and I believe it's in Mike's staff report that 00:09:41.120 --> 00:09:42.159 we'll be looking at 00:09:42.159 --> 00:09:45.909 this area particularly the properties to the north and see 00:09:45.909 --> 00:09:47.039 if it's it would be 00:09:47.039 --> 00:09:51.620 appropriate to move forward with with a staff initiated rez 00:09:51.620 --> 00:09:52.519 oning. There is 00:09:52.519 --> 00:09:56.269 already NRMU to the south the church property is NRMU so 00:09:56.269 --> 00:09:57.000 this really is a 00:09:57.000 --> 00:10:00.750 logical extension of that NRMU and it may it may be 00:10:00.750 --> 00:10:02.159 necessary to move that 00:10:02.159 --> 00:10:07.460 even further and go go north for that. Thank you. Sure. 00:10:07.460 --> 00:10:08.799 Commissioner Beck I think 00:10:08.799 --> 00:10:13.879 was first. Thank you chair. Kind of following along this 00:10:13.879 --> 00:10:15.720 line of thought here in your 00:10:15.720 --> 00:10:19.809 literature you say staff would caution however that multif 00:10:19.809 --> 00:10:20.840 amily development as 00:10:20.840 --> 00:10:24.159 a single use may be too intense for this area if developed 00:10:24.159 --> 00:10:25.440 at the maximum density 00:10:25.440 --> 00:10:29.600 of 30 units per acre and I believe the intent here of the 00:10:29.600 --> 00:10:30.960 person who wants this 00:10:30.960 --> 00:10:35.919 change is looking at townhomes which is 12 units or 00:10:35.919 --> 00:10:38.000 something? Correct. NRMU does 00:10:38.000 --> 00:10:41.309 allow the use but it limits the density to 12 units per 00:10:41.309 --> 00:10:41.559 acre. 00:10:41.559 --> 00:10:45.019 Why did we consider and I would like us to probably 00:10:45.019 --> 00:10:47.279 consider NRMU 12 00:10:47.279 --> 00:10:51.440 then why not do that then that meet the needs of everybody 00:10:51.440 --> 00:10:52.679 here and and keep 00:10:52.679 --> 00:10:57.590 this high density situation and kind of under wraps. I've 00:10:57.590 --> 00:10:58.440 noticed on the future 00:10:58.440 --> 00:11:04.429 land map area that the area was the moderate residential 00:11:04.429 --> 00:11:05.399 use across the 00:11:05.399 --> 00:11:09.080 street and going up there the neighborhood mixed use the NR 00:11:09.080 --> 00:11:09.799 MU that's 00:11:09.799 --> 00:11:14.080 across the street that's that's just a church that's you 00:11:14.080 --> 00:11:14.840 know so that's. And I 00:11:14.840 --> 00:11:17.759 think because it's on the hard corner we wanted a little 00:11:17.759 --> 00:11:19.240 higher intensity than 00:11:19.240 --> 00:11:22.889 the NRMU 12 plus there is the adjacency it is developed as 00:11:22.889 --> 00:11:23.799 a church but it does 00:11:23.799 --> 00:11:28.149 have that zoning designation so it makes sense to continue 00:11:28.149 --> 00:11:29.480 that zoning district. 00:11:29.480 --> 00:11:33.600 What is moderate residential considered to be? Does that 00:11:33.600 --> 00:11:37.279 include multi-family? Well it is 00:11:37.279 --> 00:11:41.320 dwelling units 4 to 12 dwelling units per acre. I believe I 00:11:41.320 --> 00:11:42.120 've quoted that right. 00:11:42.120 --> 00:11:46.120 Ron might correct me. Moderate density 12 4 to 12 dwelling 00:11:46.120 --> 00:11:47.679 units per acre? Yes. Okay. 00:11:47.679 --> 00:11:52.759 So I mean that would kind of coincide with an NRMU 12 more 00:11:52.759 --> 00:11:53.320 than it would an 00:11:53.320 --> 00:11:59.690 NRMU I would think. Well. With the potential of a multi- 00:11:59.690 --> 00:12:00.799 family. And you 00:12:00.799 --> 00:12:03.399 could see the moderate densities is more across the street. 00:12:03.399 --> 00:12:05.159 This is more to 00:12:05.159 --> 00:12:08.399 be intended to be a neighborhood mixed use or more as a 00:12:08.399 --> 00:12:09.879 center because this 00:12:09.879 --> 00:12:13.200 right here has more access because it's on the corner of 00:12:13.200 --> 00:12:15.000 the two arterial roads. 00:12:15.000 --> 00:12:20.629 Okay. It might although the applicant is proposing town 00:12:20.629 --> 00:12:22.120 homes. Staff when we look 00:12:22.120 --> 00:12:24.659 at a rezoning we look at all the permitted uses in a zoning 00:12:24.659 --> 00:12:25.320 district and 00:12:25.320 --> 00:12:29.570 if for some reason this didn't develop the way it's 00:12:29.570 --> 00:12:31.120 intended we would want to 00:12:31.120 --> 00:12:34.080 look at also the commercial uses because this is it could 00:12:34.080 --> 00:12:35.159 be appropriate to have 00:12:35.159 --> 00:12:38.779 commercial uses in this area as well. Okay. Neighborhood 00:12:38.779 --> 00:12:40.120 scale. Switching to a 00:12:40.120 --> 00:12:43.870 different topic. The ESA nearby. Yeah. That's not going to 00:12:43.870 --> 00:12:46.279 be impacted by any. Well and 00:12:46.279 --> 00:12:49.679 that was actually part of our analysis because there is a 00:12:49.679 --> 00:12:51.240 floodway and the ESA 00:12:51.240 --> 00:12:54.610 is embedded. Is that part of the blue area or the green 00:12:54.610 --> 00:12:56.600 area? This blue. Okay. 00:12:56.600 --> 00:12:59.370 What's that green area? This is are you talking about this 00:12:59.370 --> 00:13:00.759 right here? Well it's 00:13:00.759 --> 00:13:05.480 greenish. It's my. I could say okay yes it's the yellow 00:13:05.480 --> 00:13:06.600 buffer going over the 00:13:06.600 --> 00:13:12.519 blue. Okay. So this really takes all of this blue can't be 00:13:12.519 --> 00:13:13.240 impacted by the 00:13:13.240 --> 00:13:19.000 development and so per our code so really the developable 00:13:19.000 --> 00:13:20.200 area is outside 00:13:20.200 --> 00:13:23.669 of the blue which is part of the analysis that made that NR 00:13:23.669 --> 00:13:24.440 2 really isn't 00:13:24.440 --> 00:13:29.090 an appropriate zoning district because the I believe there 00:13:29.090 --> 00:13:31.000 's about 2.7 acres 00:13:31.000 --> 00:13:35.139 that are developable and it's it's you know probably wouldn 00:13:35.139 --> 00:13:37.120 't get two dwelling 00:13:37.120 --> 00:13:40.750 single-family dwelling units two to an acre in just this 00:13:40.750 --> 00:13:42.759 this small area. Okay 00:13:42.759 --> 00:13:47.240 since that's the ESA is kind of hands-off in that kind of 00:13:47.240 --> 00:13:47.639 answer. Right. 00:13:47.639 --> 00:13:50.340 I'm concerned about the trees that are extending into that 00:13:50.340 --> 00:13:52.159 site then they we'd 00:13:52.159 --> 00:13:58.000 be able to keep those. I believe the trees on this side on 00:13:58.000 --> 00:13:58.759 this side yeah 00:13:58.759 --> 00:14:02.730 look like those are actually within the area it looks like 00:14:02.730 --> 00:14:04.080 it's close in the 00:14:04.080 --> 00:14:07.279 floodways or the floodplain so they do development we'll 00:14:07.279 --> 00:14:08.279 take a close look at 00:14:08.279 --> 00:14:11.889 see how much they're gonna take away from it. They would 00:14:11.889 --> 00:14:12.840 have to meet any tree 00:14:12.840 --> 00:14:17.669 preservation requirement. Okay. Sure. I think I have a 00:14:17.669 --> 00:14:21.200 comment from Manal please. 00:14:21.200 --> 00:14:24.519 Thank you for the valuable questions it's very exciting to 00:14:24.519 --> 00:14:27.960 see these types of conversations evolving. One of the 00:14:27.960 --> 00:14:28.600 things that we also 00:14:28.600 --> 00:14:31.179 need to look at these is the existing zoning map and Julie 00:14:31.179 --> 00:14:31.919 if you can go to 00:14:31.919 --> 00:14:35.669 that please for a second. So the request before us today is 00:14:35.669 --> 00:14:36.559 for a request of 00:14:36.559 --> 00:14:40.909 change in zoning. We comprehensively evaluate the proposed 00:14:40.909 --> 00:14:41.779 request and the 00:14:41.779 --> 00:14:46.940 permitted uses within that zoning district or that category 00:14:46.940 --> 00:14:47.919 and then we 00:14:47.919 --> 00:14:50.629 also look at the surrounding zoning pattern not just the 00:14:50.629 --> 00:14:51.720 existing land uses 00:14:51.720 --> 00:14:55.960 but the surrounding zoning pattern. Would it be logical 00:14:55.960 --> 00:14:58.100 then to extend the NRMU 00:14:58.100 --> 00:15:01.419 as proposed because what we have to the south even though 00:15:01.419 --> 00:15:02.600 it's bifurcated by a 00:15:02.600 --> 00:15:06.639 right-of-way? Yes. What is the intent of the NRMU? To allow 00:15:06.639 --> 00:15:07.679 for mixed uses but to 00:15:07.679 --> 00:15:12.679 have more intense component non-residential component 00:15:12.679 --> 00:15:13.720 evolve in 00:15:13.720 --> 00:15:17.279 that arena. Is there an opportunity now to revisit and look 00:15:17.279 --> 00:15:18.159 at that and I'm 00:15:18.159 --> 00:15:21.230 going to call it the yellow component around the subject 00:15:21.230 --> 00:15:22.320 site north and to the 00:15:22.320 --> 00:15:25.779 west of it. Absolutely because we also know that there are 00:15:25.779 --> 00:15:26.639 physical constraints 00:15:26.639 --> 00:15:29.840 on that site that would limit the developability for 00:15:29.840 --> 00:15:31.320 potentially residential 00:15:31.320 --> 00:15:35.080 neighborhoods that is for a developer perhaps financially 00:15:35.080 --> 00:15:36.440 feasible or not. 00:15:36.440 --> 00:15:39.639 Who knows? But the point is what can we do with that 00:15:39.639 --> 00:15:41.000 quadrant? What now we start 00:15:41.000 --> 00:15:44.070 talking about the comprehensive plan and what value it 00:15:44.070 --> 00:15:45.440 offers in us ascertaining 00:15:45.440 --> 00:15:50.129 what is the best development pattern associated with the 00:15:50.129 --> 00:15:51.759 zoning category that 00:15:51.759 --> 00:15:55.070 is being requested now and what would happen in the future. 00:15:55.070 --> 00:15:57.159 Any specific use 00:15:57.159 --> 00:16:00.090 that chooses to develop under that zoning classification or 00:16:00.090 --> 00:16:00.720 that zoning 00:16:00.720 --> 00:16:04.830 category would have to comply with those zoning parameters 00:16:04.830 --> 00:16:05.960 as it relates to 00:16:05.960 --> 00:16:09.590 density for example or as it relates to lot coverage as it 00:16:09.590 --> 00:16:11.240 relates to your setbacks. 00:16:11.240 --> 00:16:14.019 Your tree mitigation and preservation requirements would 00:16:14.019 --> 00:16:14.960 also come into play 00:16:14.960 --> 00:16:17.659 at the time of submittal for building permit because the 00:16:17.659 --> 00:16:18.360 use would be 00:16:18.360 --> 00:16:22.340 permitted. What we've provided to you is to try and give 00:16:22.340 --> 00:16:23.519 you as detailed 00:16:23.519 --> 00:16:25.750 information as we possibly can but there's no guarantee 00:16:25.750 --> 00:16:26.600 that the site would 00:16:26.600 --> 00:16:29.809 be developed with townhomes. So we know that that is the 00:16:29.809 --> 00:16:30.399 potential or that's 00:16:30.399 --> 00:16:34.019 what's been proposed however if that doesn't happen then we 00:16:34.019 --> 00:16:34.519 need to make sure 00:16:34.519 --> 00:16:36.820 we safeguard the zoning district that's that's being 00:16:36.820 --> 00:16:38.039 proposed and we evaluate 00:16:38.039 --> 00:16:41.360 that in terms of if the proposed use doesn't happen because 00:16:41.360 --> 00:16:42.200 that's not the 00:16:42.200 --> 00:16:45.519 factor hits the zoning change request then what development 00:16:45.519 --> 00:16:46.039 pattern would we 00:16:46.039 --> 00:16:49.799 see and that was what we based our argument on or 00:16:49.799 --> 00:16:51.159 discussion on. 00:16:51.320 --> 00:16:54.750 Commissioner Detowitz. I'm just and I agree with that by 00:16:54.750 --> 00:16:56.000 the way and just to 00:16:56.000 --> 00:16:59.080 the south where we say there's a church but that red area 00:16:59.080 --> 00:17:01.159 is already and NRMU 00:17:01.159 --> 00:17:04.579 and it's posted right now for sale for retail purposes so 00:17:04.579 --> 00:17:05.599 that just now is 00:17:05.599 --> 00:17:08.910 going to facilitate that whole area to be developed in a 00:17:08.910 --> 00:17:10.799 mixed use scenario and 00:17:10.799 --> 00:17:14.690 so yeah this is a you know a good use of that property as I 00:17:14.690 --> 00:17:15.880 drive by it all the 00:17:15.880 --> 00:17:17.940 time and look at it and see the weeds growing up and 00:17:17.940 --> 00:17:19.079 wondering whenever that 00:17:19.079 --> 00:17:23.470 particular area is going to be developed. Commissioner Brue 00:17:23.470 --> 00:17:26.319 gel. Thank You Chair. 00:17:26.319 --> 00:17:29.519 This is a really it's a it's a good piece of land you know 00:17:29.519 --> 00:17:30.440 is right next to 00:17:30.440 --> 00:17:33.910 church it's next to the park it's on a hard corner it's 00:17:33.910 --> 00:17:35.559 easy access to I-35. 00:17:35.559 --> 00:17:40.809 My concern is about the potential for developing townhomes 00:17:40.809 --> 00:17:42.440 there in that it's 00:17:42.440 --> 00:17:46.299 so close to a gas well and I know that we have the city has 00:17:46.299 --> 00:17:47.720 some standards for 00:17:47.720 --> 00:17:50.480 property owners that they must be notified before they 00:17:50.480 --> 00:17:51.160 purchase the 00:17:51.160 --> 00:17:54.039 property that there's a gas well there but my hunch is that 00:17:54.039 --> 00:17:54.799 the people who are 00:17:54.799 --> 00:17:56.960 living in the town homes probably don't own the town homes 00:17:56.960 --> 00:17:57.720 they're probably 00:17:57.720 --> 00:18:01.089 renters so I was wondering if staff could give me some sort 00:18:01.089 --> 00:18:02.319 of like that has 00:18:02.319 --> 00:18:07.759 a comment I'm sorry I cut you off but I have the answer to 00:18:07.759 --> 00:18:09.599 your question. Oh good. 00:18:09.599 --> 00:18:13.349 I talked too much anyway. No no not at all and I apologize 00:18:13.349 --> 00:18:14.920 as we proceed with 00:18:14.920 --> 00:18:17.299 the plotting procedure there are some parameters in our gas 00:18:17.299 --> 00:18:18.000 well ordinance 00:18:18.000 --> 00:18:21.319 that require to the greatest extent possible from our 00:18:21.319 --> 00:18:22.559 perspective or our 00:18:22.559 --> 00:18:25.950 discipline on what needs to be notified on the plat so the 00:18:25.950 --> 00:18:27.119 plat would reflect 00:18:27.119 --> 00:18:31.839 the proximity of for instance the gas well or the gas well 00:18:31.839 --> 00:18:32.920 if there's any 00:18:32.920 --> 00:18:36.160 number of gas wells in the distance from there. Right and I 00:18:36.160 --> 00:18:36.960 recognize that that 00:18:36.960 --> 00:18:39.390 that's a separate issue from the zoning thing that we're 00:18:39.390 --> 00:18:40.359 looking at tonight I 00:18:40.359 --> 00:18:44.740 get that but it is it is related and so when we get there I 00:18:44.740 --> 00:18:46.599 mean let's be honest 00:18:46.599 --> 00:18:49.589 a renter is not going to look at a plat so I would like for 00:18:49.589 --> 00:18:50.440 the city to be 00:18:50.440 --> 00:18:53.680 thinking about this when we're when we're seeing cases like 00:18:53.680 --> 00:18:54.480 this how are we 00:18:54.480 --> 00:18:56.730 going to protect people who are living in those 00:18:56.730 --> 00:18:58.200 neighborhoods who may not be 00:18:58.200 --> 00:19:00.940 aware that that is even I mean there's so many young 00:19:00.940 --> 00:19:01.799 families that would be 00:19:01.799 --> 00:19:03.700 that would be a perfect location it's close to a park it's 00:19:03.700 --> 00:19:04.279 right across the 00:19:04.279 --> 00:19:07.599 street from a fire department you know like it's it's it's 00:19:07.599 --> 00:19:08.519 wonderful for young 00:19:08.519 --> 00:19:11.140 families and I just want to make sure that people are fully 00:19:11.140 --> 00:19:12.680 aware and I 00:19:12.680 --> 00:19:15.029 understand again issue but this is something that I want 00:19:15.029 --> 00:19:15.640 the city to be 00:19:15.640 --> 00:19:18.099 addressing. You're absolutely right and when we and when we 00:19:18.099 --> 00:19:18.839 look at this site 00:19:18.839 --> 00:19:21.200 specifically if you look at the access points for the gas 00:19:21.200 --> 00:19:22.119 well plot as someone 00:19:22.119 --> 00:19:26.799 starts looking at potentially utilizing the town homes that 00:19:26.799 --> 00:19:27.799 are or you know 00:19:27.799 --> 00:19:30.329 renting the town homes if they become rental properties or 00:19:30.329 --> 00:19:31.079 what have you if 00:19:31.079 --> 00:19:33.569 they become for sale that's a different scenario because 00:19:33.569 --> 00:19:34.599 the postings are there 00:19:34.599 --> 00:19:36.720 but for rental I need to double check the gas well 00:19:36.720 --> 00:19:37.920 ordinance to see what the 00:19:37.920 --> 00:19:40.869 parameters are in there but in this instance if we thought 00:19:40.869 --> 00:19:41.599 about this too if 00:19:41.599 --> 00:19:43.799 you look at the access points to the gas well they're very 00:19:43.799 --> 00:19:44.640 clear and visible at 00:19:44.640 --> 00:19:48.829 this point so hopefully windshield inspection would 00:19:48.829 --> 00:19:49.720 highlight that to the 00:19:49.720 --> 00:19:54.309 potential renter for example but I will revisit the gas 00:19:54.309 --> 00:19:55.480 well ordinance and 00:19:55.480 --> 00:19:59.230 provide you I might be able to add one more detail. It may 00:19:59.230 --> 00:20:00.319 not help renters but 00:20:00.319 --> 00:20:02.220 I discussed it with our gas well administrator today 00:20:02.220 --> 00:20:02.920 because I thought 00:20:02.920 --> 00:20:05.349 this question may come up there is also there are also 00:20:05.349 --> 00:20:06.279 requirements that the 00:20:06.279 --> 00:20:09.230 homeowners Association if there's a homeowners Association 00:20:09.230 --> 00:20:10.039 would also have 00:20:10.039 --> 00:20:12.609 some notification requirements so it would be there would 00:20:12.609 --> 00:20:13.319 be notes on the 00:20:13.319 --> 00:20:16.519 plat because it's within a thousand feet of a gas well and 00:20:16.519 --> 00:20:17.519 the HOA once again it 00:20:17.519 --> 00:20:20.700 may not it may not help renters but it's another layer but 00:20:20.700 --> 00:20:22.000 we can check we can 00:20:22.000 --> 00:20:24.759 check for additional and I and again I recognize that is 00:20:24.759 --> 00:20:25.799 that's that's further 00:20:25.799 --> 00:20:28.150 down the road like right now we're just looking at the rez 00:20:28.150 --> 00:20:29.079 oning requests but 00:20:29.079 --> 00:20:32.400 this is this could this could be a conflict and so I just 00:20:32.400 --> 00:20:33.279 want us all to be 00:20:33.279 --> 00:20:40.079 aware sure sure. Commissioner Beck. 00:20:40.079 --> 00:20:43.950 As development does occur around a gas well, are the 00:20:43.950 --> 00:20:46.079 requirements to increase barriers? 00:20:46.079 --> 00:20:50.759 There is a reverse setback I'm not I'm not aware of any 00:20:50.759 --> 00:20:52.200 barriers that would be 00:20:52.200 --> 00:20:56.059 required unless the gas well administrator came in with a 00:20:56.059 --> 00:20:56.960 new site 00:20:56.960 --> 00:21:00.440 plan then there may be some additional site considerations 00:21:00.440 --> 00:21:01.519 that staff would be 00:21:01.519 --> 00:21:05.480 looking at but there is the reverse setback of 250 feet for 00:21:05.480 --> 00:21:06.359 protected uses 00:21:06.359 --> 00:21:11.839 so so at that point that's what they would need to meet. 00:21:11.839 --> 00:21:16.380 I just was clarifying with staff that at this time all we 00:21:16.380 --> 00:21:17.240 're doing is zoning the 00:21:17.240 --> 00:21:20.450 property and at any point in the future when this comes 00:21:20.450 --> 00:21:21.720 back for a preliminary 00:21:21.720 --> 00:21:24.730 plat or even the final plat this Commission will then have 00:21:24.730 --> 00:21:25.640 an opportunity 00:21:25.640 --> 00:21:29.079 to review this site again any concerns about gas wells or 00:21:29.079 --> 00:21:30.440 anything else is 00:21:30.440 --> 00:21:33.180 appropriate to be addressed at that time but as far as a 00:21:33.180 --> 00:21:35.480 straight zoning case as 00:21:35.480 --> 00:21:40.339 long as it's in in in compliance with what the future 00:21:40.339 --> 00:21:41.599 zoning is on 2030 that's 00:21:41.599 --> 00:21:44.250 really our only item to be concerned with and to be 00:21:44.250 --> 00:21:45.759 considering on this item 00:21:45.759 --> 00:21:49.069 at this time so I appreciate the comments and the concerns 00:21:49.069 --> 00:21:49.720 but they're 00:21:49.720 --> 00:21:52.680 kind of outside of what our purview is and in lieu of time 00:21:52.680 --> 00:21:53.759 I'd like to keep our 00:21:53.759 --> 00:21:56.599 discussions on the facts the matter of whether this zoning 00:21:56.599 --> 00:21:57.640 is appropriate for 00:21:57.640 --> 00:22:02.799 this side or not. I have any other questions on this item 00:22:02.799 --> 00:22:03.319 before we move on 00:22:03.319 --> 00:22:09.319 the next one. I just wanted to address the Commission and 00:22:09.319 --> 00:22:10.680 discuss the comment 00:22:10.680 --> 00:22:14.349 Commissioner Taylor brought up regarding the the 00:22:14.349 --> 00:22:16.319 neighborhood mixed-use community 00:22:16.319 --> 00:22:19.140 mixed-use and regional mixed-use. Julie is absolutely 00:22:19.140 --> 00:22:20.599 correct it's based on the 00:22:20.599 --> 00:22:24.480 draw of you know the area how she this is more intended for 00:22:24.480 --> 00:22:25.519 neighborhood serving 00:22:25.519 --> 00:22:30.269 type services and also want to point out that there is a 00:22:30.269 --> 00:22:32.240 table in our plan 2030 00:22:32.240 --> 00:22:35.309 that identifies mixed-use development as you know what we 00:22:35.309 --> 00:22:36.299 would like to see in 00:22:36.299 --> 00:22:39.309 these areas if we're wanting them to be developed as mixed- 00:22:39.309 --> 00:22:40.039 use there's a 00:22:40.039 --> 00:22:43.970 percentage of what the minimum acreage is and what the uses 00:22:43.970 --> 00:22:45.079 should be as far 00:22:45.079 --> 00:22:48.730 as each of the different mixed uses that are considered so 00:22:48.730 --> 00:22:51.000 just to help explain 00:22:51.000 --> 00:22:54.210 a little bit further in regards to the rezoning of the 00:22:54.210 --> 00:22:56.119 property to the north we 00:22:56.119 --> 00:22:58.880 did discuss this with the applicant at the time 00:22:58.880 --> 00:23:00.319 unfortunately I don't think 00:23:00.319 --> 00:23:02.769 they purchased the property or they're not the owner of the 00:23:02.769 --> 00:23:03.480 property if they 00:23:03.480 --> 00:23:06.240 were I'm sure we would have been looking at a rezoning of 00:23:06.240 --> 00:23:07.480 that area as part of 00:23:07.480 --> 00:23:16.049 this proposal. Any other questions for staff on this item? 00:23:16.049 --> 00:23:17.559 Seeing none we'll 00:23:17.559 --> 00:23:21.680 move on to our next item. Thank you Chairperson Strange. 00:23:21.680 --> 00:23:23.440 The next item is 4B 00:23:23.440 --> 00:23:27.190 Z15-0034 I'm going to ask Ross Colbetton to make this 00:23:27.190 --> 00:23:28.319 presentation for a zoning 00:23:28.319 --> 00:23:34.779 change request from NR4 to ECI. Thanks Ross. Thank you, Met 00:23:34.779 --> 00:23:36.200 all. Thank you 00:23:36.200 --> 00:23:40.549 Commission for your statement of appreciation. Dilly noted 00:23:40.549 --> 00:23:41.440 and thank you. 00:23:41.440 --> 00:23:45.190 It was a great serving with you serving this department 00:23:45.190 --> 00:23:46.359 serving the citizens of 00:23:46.359 --> 00:23:51.279 Denton with this position. Tonight I'm bringing before you 00:23:51.279 --> 00:23:54.880 Z15-0034 for United 00:23:54.880 --> 00:23:59.740 Way of Denton County. The request is to make a 00:23:59.740 --> 00:24:02.119 consideration for City 00:24:02.119 --> 00:24:05.670 Council regarding a neighborhood four neighborhood 00:24:05.670 --> 00:24:07.920 residential four district to 00:24:07.920 --> 00:24:12.160 be rezoned to Employment Center Industrial on approximately 00:24:12.160 --> 00:24:13.039 five acres. 00:24:13.039 --> 00:24:19.049 The site is located on Moore Street 250 feet 295 feet west 00:24:19.049 --> 00:24:20.319 of Woodrow Lane 00:24:20.319 --> 00:24:24.670 outlined by the property line there. The property is 00:24:24.670 --> 00:24:27.740 currently zoned NR4. As you 00:24:27.740 --> 00:24:33.759 can see the NR4 reacts and reflects the neighborhood 00:24:33.759 --> 00:24:35.400 context to the west of the 00:24:35.400 --> 00:24:40.700 site. It was zoned in 2002 with the citywide rezoning 00:24:40.700 --> 00:24:42.680 efforts to again kind 00:24:42.680 --> 00:24:46.079 of reflect the low to moderate single-family residential in 00:24:46.079 --> 00:24:46.680 the area. 00:24:46.680 --> 00:24:52.420 It anticipated the continuation of single-family uses up to 00:24:52.420 --> 00:24:53.839 where there is 00:24:53.839 --> 00:24:59.369 currently the industrial zoning fronting Woodrow Street and 00:24:59.369 --> 00:25:00.920 the property in 00:25:00.920 --> 00:25:04.599 question is actually a property owned by the Denton Housing 00:25:04.599 --> 00:25:06.000 Authority and just to 00:25:06.000 --> 00:25:09.079 give you a little history we had a neighborhood meeting 00:25:09.079 --> 00:25:12.880 between with with 00:25:12.880 --> 00:25:17.170 the United Way of Denton County and how they presented a 00:25:17.170 --> 00:25:18.240 really good 00:25:18.240 --> 00:25:20.990 relationship with the Denton Housing Authority and as this 00:25:20.990 --> 00:25:21.920 property was under 00:25:21.920 --> 00:25:26.960 their ownership they were looking to find a compatible use 00:25:26.960 --> 00:25:28.839 to use that to 00:25:28.839 --> 00:25:32.950 utilize this property for the best benefit of the community 00:25:32.950 --> 00:25:33.319 and that 00:25:33.319 --> 00:25:37.789 relationship stands with the presentation of this zoning 00:25:37.789 --> 00:25:43.720 case. ECI is a 00:25:43.720 --> 00:25:47.799 compatible zoning that's surrounding the subject property 00:25:47.799 --> 00:25:48.160 from the 00:25:48.160 --> 00:25:54.609 north the east and the south that ECI zoning was in place 00:25:54.609 --> 00:25:58.880 in 1999 and it 00:25:58.880 --> 00:26:02.819 allows for the professional office and community service 00:26:02.819 --> 00:26:04.400 uses anticipated with 00:26:04.400 --> 00:26:09.230 the zoning of the property adjacent properties or ECI and a 00:26:09.230 --> 00:26:10.759 rezoning if you 00:26:10.759 --> 00:26:16.940 look over to the other map just recently with Z1404 rez 00:26:16.940 --> 00:26:18.119 oning occurred for 00:26:18.119 --> 00:26:24.119 2.3 acres to again adjust the zoning from neighborhood 00:26:24.119 --> 00:26:25.359 residential forward to 00:26:25.359 --> 00:26:30.769 ECI. The future land use map indicates this area to be 00:26:30.769 --> 00:26:31.920 business innovation 00:26:31.920 --> 00:26:36.039 uses it encourages business parks and office employment 00:26:36.039 --> 00:26:37.880 centers within that 00:26:37.880 --> 00:26:42.710 district business innovation is a compatible land use 00:26:42.710 --> 00:26:43.559 adjacent single 00:26:43.559 --> 00:26:47.509 family neighborhoods and rezoning to ECI is consistent with 00:26:47.509 --> 00:26:48.440 the business 00:26:48.440 --> 00:26:52.789 innovation for the future land use map. Our considerations 00:26:52.789 --> 00:26:54.279 and staff analysis 00:26:54.279 --> 00:26:58.519 the property shape and a in proximity to commercial uses 00:26:58.519 --> 00:26:59.759 limits for future 00:26:59.759 --> 00:27:03.839 development for residential. ECI permits the intended 00:27:03.839 --> 00:27:04.960 office and community 00:27:04.960 --> 00:27:08.529 service uses and will be located close to other nonprofit 00:27:08.529 --> 00:27:09.799 and community uses 00:27:09.799 --> 00:27:13.779 your staff report indicates that there are adjacent 00:27:13.779 --> 00:27:15.680 churches and Martin Luther 00:27:15.680 --> 00:27:20.359 King Jr. Community Center rec center that serve the greater 00:27:20.359 --> 00:27:21.920 need of didn't 00:27:21.920 --> 00:27:25.539 residents in this in this in this area of town. Surrounding 00:27:25.539 --> 00:27:26.440 land uses to the 00:27:26.440 --> 00:27:30.190 north east and south are commercial industrial in nature 00:27:30.190 --> 00:27:32.200 and the 00:27:32.200 --> 00:27:37.500 anticipated uses will conform to all chapter 13 standards 00:27:37.500 --> 00:27:39.119 for mitigating use 00:27:39.119 --> 00:27:43.859 impacts to the adjacent neighborhood. Criteria for approval 00:27:43.859 --> 00:27:44.480 the didn't 00:27:44.480 --> 00:27:47.720 develop the code lists criteria for as we were stating 00:27:47.720 --> 00:27:49.319 before that the 00:27:49.319 --> 00:27:52.230 rezoning would conform to the land use element of the didn 00:27:52.230 --> 00:27:54.480 't plan 2030 and that 00:27:54.480 --> 00:27:57.700 the proposed rezoning would facilitate the adequate 00:27:57.700 --> 00:27:59.160 provision of transportation 00:27:59.160 --> 00:28:03.220 water sewers parks and other public requirements and conven 00:28:03.220 --> 00:28:04.799 iences and staff 00:28:04.799 --> 00:28:08.380 we get to the recommendation a second a public notice 00:28:08.380 --> 00:28:11.279 notification was sent on 00:28:11.279 --> 00:28:16.480 February 21st with 40 mail outs to residents within 200 00:28:16.480 --> 00:28:18.799 feet and courtesy 00:28:18.799 --> 00:28:23.259 notices 78 sent to individuals within 500 feet of the 00:28:23.259 --> 00:28:24.359 subject property and no 00:28:24.359 --> 00:28:28.849 responses have been returned as as today. So based on the 00:28:28.849 --> 00:28:31.000 considerations and the 00:28:31.000 --> 00:28:34.930 requirements within chapter sub chapter 35 3 staff 00:28:34.930 --> 00:28:37.279 recommends approval of this 00:28:37.279 --> 00:28:41.359 request and I will stand for any questions. 00:28:42.119 --> 00:28:50.119 Commissioner Hesbeth. Thank you chair. So do we know where 00:28:50.119 --> 00:28:51.160 they're planning to 00:28:51.160 --> 00:28:57.529 place the building because it's it's five minutes from my 00:28:57.529 --> 00:28:58.839 house so it's near 00:28:58.839 --> 00:29:02.319 and dear to my heart and I walked the neighborhood today 00:29:02.319 --> 00:29:03.839 and I talked to one 00:29:03.839 --> 00:29:08.559 of the residents that's just across the street that did not 00:29:08.559 --> 00:29:09.359 said he didn't 00:29:09.359 --> 00:29:12.299 receive the notice whatever that means and then there's one 00:29:12.299 --> 00:29:13.200 of the residents 00:29:13.200 --> 00:29:15.940 that will be here this evening for the hearing. My question 00:29:15.940 --> 00:29:16.920 is do do we know 00:29:16.920 --> 00:29:21.039 where on that property they're going to place? No we don't. 00:29:21.039 --> 00:29:23.920 And so help me 00:29:23.920 --> 00:29:27.240 understand what we're voting on. Well this is going to be 00:29:27.240 --> 00:29:28.799 the same issue that 00:29:28.799 --> 00:29:32.109 we just talked about we're just looking at zoning only on 00:29:32.109 --> 00:29:33.200 this particular item I 00:29:33.200 --> 00:29:36.440 believe until it comes back to preliminary plat then we'll 00:29:36.440 --> 00:29:36.720 discuss 00:29:36.720 --> 00:29:39.380 where buildings will be placed and whether you want to 00:29:39.380 --> 00:29:40.200 approve or put a 00:29:40.200 --> 00:29:44.819 condition on a on a preliminary plat or final plat we'll 00:29:44.819 --> 00:29:46.640 get to that point. Okay 00:29:46.640 --> 00:29:54.720 so my question functionally what is the process for the 00:29:54.720 --> 00:29:56.839 fire in and out with it 00:29:56.839 --> 00:29:59.650 only having access on Morris? There'd either have to be a 00:29:59.650 --> 00:30:01.000 looped fire lane 00:30:01.000 --> 00:30:06.710 around the building to have an entry and exit on Morris I 00:30:06.710 --> 00:30:08.279 don't know if there will 00:30:08.279 --> 00:30:13.109 be a second point of access yes two points of access will 00:30:13.109 --> 00:30:14.359 be needed for the 00:30:14.359 --> 00:30:20.099 property so they would have to have two driveway cuts on 00:30:20.099 --> 00:30:23.640 more street. May I 00:30:23.640 --> 00:30:27.380 interject? Sure. The details associated with the site 00:30:27.380 --> 00:30:28.759 engineering with the 00:30:28.759 --> 00:30:32.390 building permit package which is how the building would lay 00:30:32.390 --> 00:30:35.039 the footprint the 00:30:35.039 --> 00:30:38.410 safety elements associated with that all that would be 00:30:38.410 --> 00:30:40.079 addressed at the time of 00:30:40.079 --> 00:30:43.700 submittal of building permit. Prior to that the property 00:30:43.700 --> 00:30:44.720 would have to be 00:30:44.720 --> 00:30:48.579 preliminary and final plotted. At the preliminary at the 00:30:48.579 --> 00:30:49.279 final planning stage 00:30:49.279 --> 00:30:53.289 full civils would be reviewed and approved prior to the 00:30:53.289 --> 00:30:54.519 final plot coming 00:30:54.519 --> 00:30:59.519 before yourselves. In terms of the building footprint right 00:30:59.519 --> 00:31:00.759 now we cannot 00:31:00.759 --> 00:31:05.009 address that because the request before us is to for the 00:31:05.009 --> 00:31:06.960 Commission to review 00:31:06.960 --> 00:31:10.619 the merits of changing the existing zoning on the property 00:31:10.619 --> 00:31:12.200 to ECI. So what 00:31:12.200 --> 00:31:16.920 we've provided you is an analysis that shows that it's a 00:31:16.920 --> 00:31:17.720 logical transition 00:31:17.720 --> 00:31:21.029 transitional zoning. Ross would you put up the zoning map 00:31:21.029 --> 00:31:23.480 please? And if you look 00:31:23.480 --> 00:31:27.829 around the area fully understand that there's residential 00:31:27.829 --> 00:31:29.359 development west of 00:31:29.359 --> 00:31:31.980 the site the west boundary line and a little bit to the 00:31:31.980 --> 00:31:34.039 north. When development 00:31:34.039 --> 00:31:38.230 does occur a sufficient landscape buffer would have to be 00:31:38.230 --> 00:31:39.359 provided or a buffer 00:31:39.359 --> 00:31:42.680 strip as we call it would have to be provided to provide 00:31:42.680 --> 00:31:43.880 one the separation 00:31:43.880 --> 00:31:47.380 between the two uses and then beyond that there are 00:31:47.380 --> 00:31:49.240 specific building setbacks 00:31:49.240 --> 00:31:51.349 so the building would have to be set back from the right of 00:31:51.349 --> 00:31:52.000 way and then the 00:31:52.000 --> 00:31:55.759 adjacent other property lines specific distance too. So at 00:31:55.759 --> 00:31:56.440 this point we're 00:31:56.440 --> 00:31:59.869 really only evaluating the zoning change request because 00:31:59.869 --> 00:32:01.680 under the ECI and in your 00:32:01.680 --> 00:32:04.619 report and I think Ross touched on this a little bit too we 00:32:04.619 --> 00:32:05.880 're discussing what 00:32:05.880 --> 00:32:09.880 uses are permitted. So the study before us or the analysis 00:32:09.880 --> 00:32:11.880 before us is is it 00:32:11.880 --> 00:32:15.079 feasible to change the zoning of the property that is 00:32:15.079 --> 00:32:16.599 highlighted there to ECI 00:32:16.599 --> 00:32:19.960 and if it is those are the following uses that would be 00:32:19.960 --> 00:32:23.079 permitted. Okay thank 00:32:23.079 --> 00:32:38.440 you. Can we go back to yes future land uses map? Okay and 00:32:38.440 --> 00:32:39.920 anyone I don't know 00:32:39.920 --> 00:32:43.809 who answers this question but can you give me the practical 00:32:43.809 --> 00:32:44.880 application of 00:32:44.880 --> 00:32:51.839 this map seen as how the purple which is the light purple 00:32:51.839 --> 00:32:53.519 so that's business 00:32:53.519 --> 00:32:58.420 innovation bleeds past the neighborhood. So is it I just 00:32:58.420 --> 00:32:59.279 want to kind of 00:32:59.279 --> 00:33:03.519 understand what if I'm looking at this evaluating to see if 00:33:03.519 --> 00:33:06.200 it it fits maybe 00:33:06.200 --> 00:33:10.269 you can help me understand how that transitions from so we 00:33:10.269 --> 00:33:11.359 're going from 00:33:11.359 --> 00:33:16.420 business innovation to low residential. The comprehensive 00:33:16.420 --> 00:33:17.839 plan was designed and 00:33:17.839 --> 00:33:24.539 it is depicted as non parcel based so there are kind of a 00:33:24.539 --> 00:33:26.279 bleed buffer or 00:33:26.279 --> 00:33:31.109 bleed use line of where in anticipation of new uses but it 00:33:31.109 --> 00:33:32.960 stands to reason that 00:33:32.960 --> 00:33:37.529 there is a strict line where these are lots that abut these 00:33:37.529 --> 00:33:38.599 these are existing 00:33:38.599 --> 00:33:42.480 single-family lots so thus any kind of new use that comes 00:33:42.480 --> 00:33:44.579 in would be parcel 00:33:44.579 --> 00:33:48.819 based based on the parameters of the the boundary of that 00:33:48.819 --> 00:33:51.039 of that property so 00:33:51.039 --> 00:33:55.410 there would not be any discussion of bleeding any 00:33:55.410 --> 00:33:57.420 additional business 00:33:57.420 --> 00:34:02.690 innovation uses into the into the property we could set 00:34:02.690 --> 00:34:04.200 this as a hard 00:34:04.200 --> 00:34:11.079 line based on this rezoning effort. Okay and one last 00:34:11.079 --> 00:34:14.559 technical question I don't 00:34:14.559 --> 00:34:18.449 know is that enough space in that entrance for it to 00:34:18.449 --> 00:34:19.800 function as a so 00:34:19.800 --> 00:34:23.360 currently as a residential it doesn't need as much space 00:34:23.360 --> 00:34:24.119 for fire so 00:34:24.119 --> 00:34:28.610 physically is there enough space for fire to even consider 00:34:28.610 --> 00:34:31.440 transitioning to 00:34:31.440 --> 00:34:36.449 EC1? The applicant will be here tonight and they have an 00:34:36.449 --> 00:34:38.400 architect consultant 00:34:38.400 --> 00:34:42.389 with them they just have not flushed out any design efforts 00:34:42.389 --> 00:34:43.360 and brought into our 00:34:43.360 --> 00:34:48.360 attention yet of what the layout is going to be. Feel free 00:34:48.360 --> 00:34:49.480 to ask them when 00:34:49.480 --> 00:34:51.630 they come up and make their presentation we just we don't 00:34:51.630 --> 00:34:52.519 have anything here. 00:34:52.519 --> 00:34:58.440 Anything else? Commissioner Rosell. Thank you chair this 00:34:58.440 --> 00:35:00.480 question kind of is 00:35:00.480 --> 00:35:03.980 similar to the one previous and that we're approving a rez 00:35:03.980 --> 00:35:05.119 oning this evening 00:35:05.119 --> 00:35:08.429 so we don't know if United Way will actually build that's 00:35:08.429 --> 00:35:08.559 not that's not 00:35:08.559 --> 00:35:11.360 what we're approving it's not a guarantee and so what I 00:35:11.360 --> 00:35:12.320 understand from 00:35:12.320 --> 00:35:16.670 business innovation is these office parks not like high 00:35:16.670 --> 00:35:18.679 density type things 00:35:18.679 --> 00:35:22.579 but ECI you can have a drive-through facility a private 00:35:22.579 --> 00:35:24.360 club quick vehicle 00:35:24.360 --> 00:35:27.300 servicing there's a lot of things that could be put there I 00:35:27.300 --> 00:35:28.320 'm wondering if 00:35:28.320 --> 00:35:32.559 business innovation there's a better way to define that 00:35:32.559 --> 00:35:34.199 zone so we get like an 00:35:34.199 --> 00:35:36.670 office part if United Way doesn't go in there I'm just 00:35:36.670 --> 00:35:37.880 concerned if United Way 00:35:37.880 --> 00:35:40.280 that backs out we're gonna get a club in the back of 00:35:40.280 --> 00:35:43.519 someone's backyard. 00:35:43.519 --> 00:35:45.469 I don't know if there's an answer for that but it seems 00:35:45.469 --> 00:35:46.920 like there's might be 00:35:46.920 --> 00:35:51.090 a better way of getting business innovation type buildings 00:35:51.090 --> 00:35:53.320 than ECI. 00:35:53.320 --> 00:35:56.650 I think in our backup it says that the home the owner is 00:35:56.650 --> 00:35:57.880 the housing authority 00:35:57.880 --> 00:36:00.289 is who currently owns the property. So they wouldn't be 00:36:00.289 --> 00:36:01.280 wanting to sell to 00:36:01.280 --> 00:36:05.880 private interests. If they would chose to do that. 00:36:09.000 --> 00:36:17.880 Commissioner Taylor. Thank you Chair. So I look at this 00:36:17.880 --> 00:36:18.320 this color 00:36:18.320 --> 00:36:22.559 transition and I think it's interesting the the way I think 00:36:22.559 --> 00:36:24.119 these transitions 00:36:24.119 --> 00:36:27.690 were applied is any of the NR districts were the base layer 00:36:27.690 --> 00:36:28.760 and then all of the 00:36:28.760 --> 00:36:32.920 other colors bleed across into NR which is just kind of 00:36:32.920 --> 00:36:33.440 interesting the last 00:36:33.440 --> 00:36:38.380 one did that too where the area across the street bled into 00:36:38.380 --> 00:36:40.519 the NRMU but I do 00:36:40.519 --> 00:36:43.510 feel this is an important transition zone because we have 00:36:43.510 --> 00:36:44.599 you know industrial 00:36:44.599 --> 00:36:47.909 uses existing industrial industrial uses that have been 00:36:47.909 --> 00:36:49.199 there since at least the 00:36:49.199 --> 00:36:54.739 80s along Woodrow but we also have an established 00:36:54.739 --> 00:36:56.320 neighborhood you know that's 00:36:56.320 --> 00:37:01.190 been growing over over the last several decades and this to 00:37:01.190 --> 00:37:03.199 me feels like like 00:37:03.199 --> 00:37:06.949 this lot coming to the houses would be an appropriate 00:37:06.949 --> 00:37:07.719 location for the 00:37:07.719 --> 00:37:11.570 transition and to just take it to ECI which is a very 00:37:11.570 --> 00:37:13.039 intense one of the most 00:37:13.039 --> 00:37:18.250 intense zoning categories we have to an existing houses 00:37:18.250 --> 00:37:20.840 back fence does feel 00:37:20.840 --> 00:37:24.429 like it it goes against some of the comprehensive plan so I 00:37:24.429 --> 00:37:26.039 and I know that 00:37:26.039 --> 00:37:27.940 we have a lot of other zoning categories that are 00:37:27.940 --> 00:37:29.519 appropriate for offices and 00:37:29.519 --> 00:37:34.260 might even be more appropriate for office buildings while 00:37:34.260 --> 00:37:36.280 removing heavy 00:37:36.280 --> 00:37:39.820 vehicle servicing and these cut very industrial uses that 00:37:39.820 --> 00:37:40.960 would probably be 00:37:40.960 --> 00:37:43.780 the most noxious to have across somebody's back fence so 00:37:43.780 --> 00:37:45.239 did we look at 00:37:45.239 --> 00:37:52.769 ECC or I almost think more categories outside of the EC 00:37:52.769 --> 00:37:53.840 category would be more 00:37:53.840 --> 00:37:56.570 appropriate but I know that there isn't any around here is 00:37:56.570 --> 00:37:57.719 there any other 00:37:57.719 --> 00:38:01.719 zoning category that we looked at we did analyze the 00:38:01.719 --> 00:38:03.119 proximity to the 00:38:03.119 --> 00:38:06.769 residential neighborhood we took that into consideration we 00:38:06.769 --> 00:38:07.719 also tried to 00:38:07.719 --> 00:38:11.230 analyze the schedule of permitted uses we did we looked at 00:38:11.230 --> 00:38:12.119 other zoning 00:38:12.119 --> 00:38:17.389 categories with the schedule of uses this was the least was 00:38:17.389 --> 00:38:18.239 the most 00:38:18.239 --> 00:38:22.429 restrictive of those districts the ECI secondly if we just 00:38:22.429 --> 00:38:23.880 took this parcel out 00:38:23.880 --> 00:38:30.760 and and rezone this then would we be compromising our 00:38:30.760 --> 00:38:32.559 charge of looking to 00:38:32.559 --> 00:38:35.869 consolidate zoning classifications and zoning categories 00:38:35.869 --> 00:38:38.159 thirdly we also know 00:38:38.159 --> 00:38:41.469 that we have the ability to provide the adequate landscape 00:38:41.469 --> 00:38:42.480 buffer requirements 00:38:42.480 --> 00:38:47.139 and Ross please correct me is it a D type C buffer which is 00:38:47.139 --> 00:38:48.679 what 30 feet 30 00:38:48.679 --> 00:38:52.639 feet with 20 feet it's I believe it's a 30 foot buffer if 00:38:52.639 --> 00:38:53.440 we could clarify that 00:38:53.440 --> 00:38:58.360 so from a from a zoning perspective is the zoning the 00:38:58.360 --> 00:38:59.519 zoning change 00:38:59.519 --> 00:39:02.320 appropriate we felt yes given the surrounding zoning 00:39:02.320 --> 00:39:03.639 pattern however we 00:39:03.639 --> 00:39:07.239 also looked at the applicant and the ownership and the 00:39:07.239 --> 00:39:08.599 intent for fully 00:39:08.599 --> 00:39:12.650 knowing that there is a possibility that it may not develop 00:39:12.650 --> 00:39:14.079 with what we've heard 00:39:14.079 --> 00:39:17.940 that it could potentially develop with but we know who the 00:39:17.940 --> 00:39:19.920 owner is too you 00:39:19.920 --> 00:39:22.719 know and so we did take those those elements into 00:39:22.719 --> 00:39:25.679 consideration so to 00:39:25.679 --> 00:39:31.590 looking at just a ECI to ECC ECC is tends toward more 00:39:31.590 --> 00:39:33.360 office uses and less 00:39:33.360 --> 00:39:37.219 industrial uses it does allow slightly higher density but 00:39:37.219 --> 00:39:38.000 it also has higher 00:39:38.000 --> 00:39:40.230 landscape requirements so basically lives before story 00:39:40.230 --> 00:39:41.199 building instead of a two 00:39:41.199 --> 00:39:44.989 story building basically was there and we have a lot of 00:39:44.989 --> 00:39:46.360 business innovation is 00:39:46.360 --> 00:39:50.260 falling into the ECC and we have just across the street ECC 00:39:50.260 --> 00:39:51.599 and ECI kind of 00:39:51.599 --> 00:39:58.639 checkerboarded together would it seems to me that that it's 00:39:58.639 --> 00:39:59.280 slightly less 00:39:59.280 --> 00:40:02.489 intense so it's provide some buffer was that was that 00:40:02.489 --> 00:40:03.880 evaluated was there what 00:40:03.880 --> 00:40:09.579 was the reason we didn't go with ECC I believe the primary 00:40:09.579 --> 00:40:11.000 reason why we didn't 00:40:11.000 --> 00:40:17.289 go with ECC is to ensure that we had a comprehensive ECI 00:40:17.289 --> 00:40:18.880 structure there if you 00:40:18.880 --> 00:40:22.880 look at if we were to just go ahead we just recently added 00:40:22.880 --> 00:40:23.920 an ECI zoning 00:40:23.920 --> 00:40:27.780 designation right next to it so in terms of develop ability 00:40:27.780 --> 00:40:28.800 of the overall area 00:40:28.800 --> 00:40:32.000 that is ECI and the proposed ECI it would develop 00:40:32.000 --> 00:40:33.239 comprehensively or redevelop 00:40:33.239 --> 00:40:36.920 comprehensively now this doesn't you know and Jennifer 00:40:36.920 --> 00:40:38.320 correct me if I'm wrong 00:40:38.320 --> 00:40:41.530 but should the Commission see fit that ECI is not the 00:40:41.530 --> 00:40:42.599 appropriate zoning 00:40:42.599 --> 00:40:46.469 designation could they then recommend an alternative zoning 00:40:46.469 --> 00:40:47.360 designation we would 00:40:47.360 --> 00:40:57.000 have to repost it the applicants the applicant understood 00:40:57.000 --> 00:40:57.440 that there were 00:40:57.440 --> 00:41:03.400 different EC categories they felt good with staffs 00:41:03.400 --> 00:41:05.039 recommendation of ECI they 00:41:05.039 --> 00:41:11.119 didn't challenge that we did look at ECC and again when all 00:41:11.119 --> 00:41:14.320 point is basis of our 00:41:14.320 --> 00:41:20.079 analysis where since in 2014 a recent zone rezoning 00:41:20.079 --> 00:41:23.340 happened adjacent and it 00:41:23.340 --> 00:41:26.650 was for you never know what that use was for but it was 00:41:26.650 --> 00:41:28.039 anticipated for the 00:41:28.039 --> 00:41:34.280 growth and expansion of the warehouse uses on Woodrow so 00:41:34.280 --> 00:41:36.159 our logic took that 00:41:36.159 --> 00:41:42.000 as a starting point and just to add to that we are dentin 00:41:42.000 --> 00:41:44.239 development code only 00:41:44.239 --> 00:41:47.480 caters to straight zoning categories so we don't have the 00:41:47.480 --> 00:41:48.800 opportunity to create 00:41:48.800 --> 00:41:53.280 specific districts to accommodate specific uses either so 00:41:53.280 --> 00:41:54.239 that's where the 00:41:54.239 --> 00:41:58.699 second challenge arises as to how do we ensure the proper 00:41:58.699 --> 00:42:00.039 progression or 00:42:00.039 --> 00:42:07.429 transition of zoning that other Avenue does not exist at 00:42:07.429 --> 00:42:09.800 this time that it 00:42:09.800 --> 00:42:14.750 David good Commissioner Bruegel thank you so kind of take 00:42:14.750 --> 00:42:15.760 tagging off of what 00:42:15.760 --> 00:42:19.820 y'all are asking because it's my question too is you know 00:42:19.820 --> 00:42:20.920 we see rezone 00:42:20.920 --> 00:42:25.510 cases for other developers other projects and you know and 00:42:25.510 --> 00:42:26.800 what happens if we 00:42:26.800 --> 00:42:30.159 rezone it with the the thought that the intent is going to 00:42:30.159 --> 00:42:31.400 be for this and then 00:42:31.400 --> 00:42:34.230 they flip the property right in this case you know we know 00:42:34.230 --> 00:42:34.960 it's you know 00:42:34.960 --> 00:42:38.539 Denton housing Denton Housing Authority and United Way and 00:42:38.539 --> 00:42:39.719 I sat down with Gary 00:42:39.719 --> 00:42:42.539 Henderson and I asked him this what you know what happens 00:42:42.539 --> 00:42:43.480 if y'all flip this 00:42:43.480 --> 00:42:47.829 hypothetically speaking and he he wasn't she was gonna sit 00:42:47.829 --> 00:42:48.840 down with staff and 00:42:48.840 --> 00:42:51.449 kind of talk about this but is this is this something that 00:42:51.449 --> 00:42:52.519 could we create some 00:42:52.519 --> 00:42:56.000 sort of like overlay or something that just to protect the 00:42:56.000 --> 00:42:57.320 neighborhood so that 00:42:57.320 --> 00:43:05.460 if if if yeah we're in a nation yeah yeah we have the 00:43:05.460 --> 00:43:07.760 parameters to create a 00:43:07.760 --> 00:43:11.380 specific overlay just again it would go back to the posting 00:43:11.380 --> 00:43:12.760 issue correct 00:43:12.760 --> 00:43:15.300 Jennifer yes you'd have to post it and we'd have to bring 00:43:15.300 --> 00:43:17.159 it back but I'm not 00:43:17.159 --> 00:43:21.059 sure I'm just trying to think yeah we I mean we do overlays 00:43:21.059 --> 00:43:21.679 before I'm just 00:43:21.679 --> 00:43:24.369 trying to think is there a way that you've done overlays to 00:43:24.369 --> 00:43:25.320 protect where 00:43:25.320 --> 00:43:29.539 they weren't noticed yes so what's happened in the past is 00:43:29.539 --> 00:43:30.320 that if the 00:43:30.320 --> 00:43:34.489 Commission sees a different Avenue or to provide specific 00:43:34.489 --> 00:43:36.000 site design related 00:43:36.000 --> 00:43:39.489 restrictions or use restrictions especially in the 00:43:39.489 --> 00:43:41.000 residential design 00:43:41.000 --> 00:43:45.900 nations overlays have been recommended and then adopted I'm 00:43:45.900 --> 00:43:46.719 just trying to think 00:43:46.719 --> 00:43:49.210 of some some additional way to further protect the 00:43:49.210 --> 00:43:51.079 neighborhood so just just to 00:43:51.079 --> 00:43:53.349 keep things consistent right like I mean because we shouldn 00:43:53.349 --> 00:43:54.360 't be playing favorites 00:43:54.360 --> 00:43:58.090 between well it's United Way or it's you know and you're 00:43:58.090 --> 00:43:58.119 talking about the 00:43:58.119 --> 00:44:01.550 residential mixed-use overlay and I think that's the 00:44:01.550 --> 00:44:03.280 commercial only I'm not sure 00:44:03.280 --> 00:44:07.619 that's industrialism we don't have a non-residential over a 00:44:07.619 --> 00:44:09.159 district yeah so 00:44:09.159 --> 00:44:13.989 I don't think that's possible or another idea perhaps to 00:44:13.989 --> 00:44:15.519 tie the you know the 00:44:15.519 --> 00:44:19.610 motion into something like we will approve this as long as 00:44:19.610 --> 00:44:21.559 it stays with 00:44:21.559 --> 00:44:24.869 which goes back to well that's that that's conditional 00:44:24.869 --> 00:44:25.599 zoning and for all 00:44:25.599 --> 00:44:31.400 right we can't do that illegal okay so never mind I'm just 00:44:31.400 --> 00:44:32.039 trying to think you 00:44:32.039 --> 00:44:34.760 know like let's think of different ways that we could 00:44:34.760 --> 00:44:36.000 protect the residential 00:44:36.000 --> 00:44:42.679 neighborhood to the to the West just to kind of keep things 00:44:42.679 --> 00:44:43.559 consistent you know 00:44:43.559 --> 00:44:46.880 I guess I'd have a question the neighborhood already backs 00:44:46.880 --> 00:44:47.480 to the South 00:44:47.480 --> 00:44:53.519 ICI so I understand the concern if this was the only place 00:44:53.519 --> 00:44:54.000 that that 00:44:54.000 --> 00:44:57.320 neighborhood bordered this category but it borders it in 00:44:57.320 --> 00:44:58.679 all other places and 00:44:58.679 --> 00:45:01.480 there are a number of existing businesses that are already 00:45:01.480 --> 00:45:02.000 there and 00:45:02.000 --> 00:45:06.309 operating it's not just vacant land so I understand the 00:45:06.309 --> 00:45:07.920 concern and if it was a 00:45:07.920 --> 00:45:10.320 hey this is the first piece now that's bordering 00:45:10.320 --> 00:45:12.000 neighborhood I agree I think 00:45:12.000 --> 00:45:15.429 would be more of a concern for me but with it the 00:45:15.429 --> 00:45:16.159 neighborhood already 00:45:16.159 --> 00:45:20.260 bordering those areas and already having businesses 00:45:20.260 --> 00:45:22.199 operating I don't I don't have 00:45:22.199 --> 00:45:27.139 the same concern but other commissioners may Commissioner H 00:45:27.139 --> 00:45:28.119 utsworth yeah so 00:45:28.119 --> 00:45:33.480 that's a good point but the difference is the the lay of 00:45:33.480 --> 00:45:36.480 the land buffers the 00:45:36.480 --> 00:45:42.929 neighborhood naturally from those other businesses so you 00:45:42.929 --> 00:45:43.920 'll access all those 00:45:43.920 --> 00:45:47.670 other businesses on Woodrow or to the I think that's to the 00:45:47.670 --> 00:45:49.679 south towards yeah 00:45:49.679 --> 00:45:54.050 you you exit all that through those major streets but 00:45:54.050 --> 00:45:56.559 Morris Street is 00:45:56.559 --> 00:46:00.599 absolutely residential there's not a there's not a sign 00:46:00.599 --> 00:46:01.880 there's not there's 00:46:01.880 --> 00:46:06.469 nothing that indicates business until you get to the stop 00:46:06.469 --> 00:46:07.960 sign at Woodrow and 00:46:07.960 --> 00:46:11.519 so that's where it's kind of unique because you're gonna 00:46:11.519 --> 00:46:12.679 have this I'm 00:46:12.679 --> 00:46:15.989 assuming some sort of sign that says turn here you're gonna 00:46:15.989 --> 00:46:16.840 I mean it's going 00:46:16.840 --> 00:46:21.559 to stick out whereas the other businesses are naturally 00:46:21.559 --> 00:46:23.000 facing Woodrow 00:46:23.000 --> 00:46:26.360 facing shady shores so it doesn't really interact with the 00:46:26.360 --> 00:46:27.159 neighborhood although 00:46:27.159 --> 00:46:31.289 it butts up against it even if you look at UPS there that 00:46:31.289 --> 00:46:32.800 center you got to come 00:46:32.800 --> 00:46:34.840 all the way down to the signal light and then you get to it 00:46:34.840 --> 00:46:35.679 but other than that 00:46:35.679 --> 00:46:39.119 you don't see any signage there's no it's all kind of 00:46:39.119 --> 00:46:40.400 uniform so that's 00:46:40.400 --> 00:46:44.539 really I get hung up on and I just someone can give me a 00:46:44.539 --> 00:46:45.639 yes or no I'm not 00:46:45.639 --> 00:46:52.860 not probing but in order to consider ECI if you've that you 00:46:52.860 --> 00:46:53.880 had a conversation 00:46:53.880 --> 00:46:58.039 with them I go back to my question you have to consider if 00:46:58.039 --> 00:46:59.280 the fire trucks can 00:46:59.280 --> 00:47:02.079 get in there and so either someone did or did not in 00:47:02.079 --> 00:47:03.760 advance of bringing it to 00:47:03.760 --> 00:47:07.929 us but I'm just curious did someone entertain that thought 00:47:07.929 --> 00:47:09.519 or no they have a 00:47:09.519 --> 00:47:13.150 team that is designing the site for them and they are very 00:47:13.150 --> 00:47:14.639 familiar with what the 00:47:14.639 --> 00:47:18.559 fire requirements are what the number of entrances or exits 00:47:18.559 --> 00:47:20.300 required are placement 00:47:20.300 --> 00:47:26.300 of building gross floor area coverage building setback when 00:47:26.300 --> 00:47:27.960 we speak to the 00:47:27.960 --> 00:47:31.320 and Ross I'm going to lean on you just because to jog my 00:47:31.320 --> 00:47:32.400 memory what is the 00:47:32.400 --> 00:47:37.840 right-of-way classification of more more Street 00:47:42.719 --> 00:47:48.039 now we cannot the other this property would have mostly 00:47:48.039 --> 00:47:49.559 have access off of 00:47:49.559 --> 00:47:52.760 more straight also so the property to the north that Ross 00:47:52.760 --> 00:47:53.840 was pointing out to 00:47:53.840 --> 00:47:57.050 would have several access points if it were subdivided we 00:47:57.050 --> 00:47:58.480 cannot landlock a 00:47:58.480 --> 00:48:03.420 property they have to have genuine access off of a right-of 00:48:03.420 --> 00:48:05.880 -way as well but 00:48:05.880 --> 00:48:08.820 when it comes time to submitting for their building permit 00:48:08.820 --> 00:48:09.639 plans all these 00:48:09.639 --> 00:48:12.110 elements will be vetted and if they don't comply with any 00:48:12.110 --> 00:48:12.559 of those 00:48:12.559 --> 00:48:18.110 requirements they won't secure the building permit and and 00:48:18.110 --> 00:48:19.639 I think to mr. 00:48:19.639 --> 00:48:27.690 see drainage I believe drainage goes this way because there 00:48:27.690 --> 00:48:28.199 is a channel 00:48:28.199 --> 00:48:32.349 this way so in all intents and purposes a lot of this area 00:48:32.349 --> 00:48:34.079 may be considered for 00:48:34.079 --> 00:48:39.059 detention facilities so that's one protection and there's a 00:48:39.059 --> 00:48:39.880 tree stand 00:48:39.880 --> 00:48:43.280 right there we don't know what the intent is for 00:48:43.280 --> 00:48:45.119 development of that but 00:48:45.119 --> 00:48:50.119 there are natural features that preclude building and fire 00:48:50.119 --> 00:48:52.239 lane and nuisance of 00:48:52.239 --> 00:48:56.480 on-site circulation right up against their residents there 00:48:56.480 --> 00:48:57.960 sure yeah no for 00:48:57.960 --> 00:49:03.679 the sake of time I'll take it up out there but I I'm not I 00:49:03.679 --> 00:49:04.699 'm not okay I mean 00:49:04.699 --> 00:49:07.449 that the more Street was just done with CDBG funds I do 00:49:07.449 --> 00:49:08.719 believe the sewer was 00:49:08.719 --> 00:49:12.030 done from beginning to end so it's a two-year-old piece of 00:49:12.030 --> 00:49:12.639 pavement that we're 00:49:12.639 --> 00:49:15.139 going to now dig up again potentially for drainage for this 00:49:15.139 --> 00:49:16.280 that and the other I 00:49:16.280 --> 00:49:20.750 just it gives me a lot of heartache and I do like what 00:49:20.750 --> 00:49:23.679 Taylor Briggle and and 00:49:23.679 --> 00:49:26.989 Andrew touched on and that I think there's a different 00:49:26.989 --> 00:49:28.199 classification that 00:49:28.199 --> 00:49:31.269 gets us the same place and so if we have to hopefully rep 00:49:31.269 --> 00:49:32.599 ost or whatever to get 00:49:32.599 --> 00:49:38.269 it more in line that would be great but I'll say that thank 00:49:38.269 --> 00:49:38.920 you commissioner 00:49:38.920 --> 00:49:44.119 Dudowitz chairman add on to the conversation the newly 00:49:44.119 --> 00:49:47.800 cited or re-sown 00:49:47.800 --> 00:49:52.639 piece right yeah what right there what was the intent for 00:49:52.639 --> 00:49:54.480 that and that property 00:49:54.480 --> 00:49:59.070 you know it was my understanding it was for the benefit of 00:49:59.070 --> 00:49:59.960 any expansion of 00:49:59.960 --> 00:50:03.909 these extension of the it was a zoning change to 00:50:03.909 --> 00:50:05.920 accommodate spec development 00:50:05.920 --> 00:50:09.280 in the future okay and they would have entrance how well it 00:50:09.280 --> 00:50:10.159 depends if they 00:50:10.159 --> 00:50:13.699 utilize that sliver that's just been incorporated as part 00:50:13.699 --> 00:50:14.840 of expansion then 00:50:14.840 --> 00:50:18.230 they could create some avenue to have access to their 00:50:18.230 --> 00:50:19.760 eastern component of the 00:50:19.760 --> 00:50:23.099 property or off of Morse as well would be permitted that's 00:50:23.099 --> 00:50:24.119 what we wouldn't be 00:50:24.119 --> 00:50:32.840 we wouldn't landlock the property exactly Commissioner Beck 00:50:32.840 --> 00:50:33.639 just want to 00:50:33.639 --> 00:50:36.570 touch briefly on the fact that we had all these notices go 00:50:36.570 --> 00:50:37.559 out and absolutely 00:50:37.559 --> 00:50:41.909 nobody on Baldwin or Amy court responded I noticed in the 00:50:41.909 --> 00:50:43.679 paperwork that they did 00:50:43.679 --> 00:50:46.510 have a town hall meeting and the community did get involved 00:50:46.510 --> 00:50:47.119 and that's 00:50:47.119 --> 00:50:49.750 good I'm really excited about this project I'd like to see 00:50:49.750 --> 00:50:50.199 it go forward 00:50:50.199 --> 00:50:53.519 but I'm concerned and this isn't the first time we've seen 00:50:53.519 --> 00:50:54.320 this that the 00:50:54.320 --> 00:50:57.559 lack of response from the residents are going to be 00:50:57.559 --> 00:50:59.679 impacted the most concerns 00:50:59.679 --> 00:51:02.570 me that would like come up later and create a barrier for 00:51:02.570 --> 00:51:03.480 this thing to go 00:51:03.480 --> 00:51:10.019 forward so how is it just me or should we be concerned that 00:51:10.019 --> 00:51:11.079 nobody in the area 00:51:11.079 --> 00:51:13.530 that's the residential area it's going to be impacted most 00:51:13.530 --> 00:51:14.400 responded do we just 00:51:14.400 --> 00:51:18.429 take that that way okay that's fine go ahead or shouldn't 00:51:18.429 --> 00:51:19.360 we be concerned that 00:51:19.360 --> 00:51:23.239 they got proper notification well I think they got proper 00:51:23.239 --> 00:51:25.280 notification 00:51:25.280 --> 00:51:28.960 certified notices let's had a neighborhood meeting also in 00:51:28.960 --> 00:51:29.800 our backup 00:51:29.800 --> 00:51:33.650 it's right but I noticed on that list that the closest 00:51:33.650 --> 00:51:36.159 person that to this 00:51:36.159 --> 00:51:39.789 development is like four blocks away on the 1300 block of 00:51:39.789 --> 00:51:41.280 more street we did get I did 00:51:41.280 --> 00:51:45.389 get I did receive calls from individuals I believe in one 00:51:45.389 --> 00:51:46.599 of these two houses 00:51:46.599 --> 00:51:50.190 asking questions about buffering I took the calls but they 00:51:50.190 --> 00:51:50.800 did not you know 00:51:50.800 --> 00:51:56.280 request a vote against their opinion and we take phone 00:51:56.280 --> 00:51:59.199 calls we take note emails 00:51:59.199 --> 00:52:03.389 and faxes that are received based on our mail out don't you 00:52:03.389 --> 00:52:03.920 have a 00:52:03.920 --> 00:52:06.849 notification map you can put up and if you put that up 00:52:06.849 --> 00:52:08.679 please if I speak to my 00:52:08.679 --> 00:52:12.360 experience Commissioner Beck when I've been a part of a 00:52:12.360 --> 00:52:13.000 notification of a 00:52:13.000 --> 00:52:16.090 Brazil thank you and see my neighbors it's more a matter of 00:52:16.090 --> 00:52:17.199 indifference that 00:52:17.199 --> 00:52:20.519 there's not been a response so in my experience that there 00:52:20.519 --> 00:52:21.199 's notifications 00:52:21.199 --> 00:52:24.079 beginning there just a matter of indifference and I 00:52:24.079 --> 00:52:24.320 understand I hope 00:52:24.320 --> 00:52:26.949 that's all it is I'm just concerned because I really you 00:52:26.949 --> 00:52:27.280 know I'm excited 00:52:27.280 --> 00:52:30.599 about this project and I didn't see some pop-up later you 00:52:30.599 --> 00:52:31.519 know being accused of 00:52:31.519 --> 00:52:36.530 nobody sure thought if I may well I guess for the for the 00:52:36.530 --> 00:52:37.300 record that's the 00:52:37.300 --> 00:52:40.510 notification map of everybody that got a notice and I 00:52:40.510 --> 00:52:41.639 understand that I don't 00:52:41.639 --> 00:52:45.119 want to pick on anybody here but you know did it actually 00:52:45.119 --> 00:52:46.320 have or not I'm I 00:52:46.320 --> 00:52:49.650 have no reason to think it didn't but talking with the 00:52:49.650 --> 00:52:51.320 Commissioner Hutz with 00:52:51.320 --> 00:52:56.059 earlier he actually walked that ball in the street and what 00:52:56.059 --> 00:52:57.519 was your sense that they got a notification? 00:52:57.519 --> 00:53:00.960 Yeah so the gentleman Commissioner Hutzbeth. Thank you. So 00:53:00.960 --> 00:53:02.000 the gentleman Ross is 00:53:02.000 --> 00:53:05.750 speaking of will be here tonight that he's the very front 00:53:05.750 --> 00:53:07.079 of that kind of that 00:53:07.079 --> 00:53:10.510 L shape he got the notice I don't know why I didn't respond 00:53:10.510 --> 00:53:11.199 but he'll be here 00:53:11.199 --> 00:53:15.059 and then if you jump the creek there's those three houses 00:53:15.059 --> 00:53:16.360 right next to each 00:53:16.360 --> 00:53:19.760 other Daniel is a gentleman that owned a tow truck company 00:53:19.760 --> 00:53:20.920 right there on the on 00:53:20.920 --> 00:53:25.519 the corner he said he did not receive the notice he he is 00:53:25.519 --> 00:53:27.119 okay with the 00:53:27.119 --> 00:53:31.340 project concerned about traffic as is everyone I talked to 00:53:31.340 --> 00:53:32.239 in the neighborhood 00:53:32.239 --> 00:53:35.559 that's the biggest concern and but he said he did not 00:53:35.559 --> 00:53:37.000 receive the notice I 00:53:37.000 --> 00:53:39.360 mean and I don't know that doesn't mean it wasn't sent that 00:53:39.360 --> 00:53:40.079 didn't I mean I had 00:53:40.079 --> 00:53:43.840 a that happens I don't know I'm not gonna go you know argue 00:53:43.840 --> 00:53:44.800 either way I'm 00:53:44.800 --> 00:53:48.659 saying I asked staff to give an explanation of what notice 00:53:48.659 --> 00:53:49.159 you get in a 00:53:49.159 --> 00:53:52.730 200 foot buffer and 500 so we all get the facts of what 00:53:52.730 --> 00:53:54.119 hasn't hasn't been done. 00:53:54.119 --> 00:53:58.789 Sure. Just a second please go ahead if you'll give that for 00:53:58.789 --> 00:54:02.920 us. Thank you 00:54:02.920 --> 00:54:05.719 Commissioner Strange I'm just thinking about that note and 00:54:05.719 --> 00:54:06.440 I want succinctly 00:54:06.440 --> 00:54:11.849 put this language together the 200 foot notification is a 00:54:11.849 --> 00:54:12.880 required is a 00:54:12.880 --> 00:54:16.409 state-manded notification process we are required to send 00:54:16.409 --> 00:54:17.599 out with any zoning 00:54:17.599 --> 00:54:21.269 change a property owner notice informing them of the 00:54:21.269 --> 00:54:23.239 request and of the date of 00:54:23.239 --> 00:54:26.920 the meeting that is the 200 foot buffer those are certified 00:54:26.920 --> 00:54:28.159 mailouts that go to 00:54:28.159 --> 00:54:32.400 those property owners the property owner list is extracted 00:54:32.400 --> 00:54:34.400 from the county DCAT 00:54:34.400 --> 00:54:39.000 and so if there are any changes to that because we update 00:54:39.000 --> 00:54:41.000 those every year 00:54:41.000 --> 00:54:44.179 minimum sometimes every six months if I'm not mistaken so 00:54:44.179 --> 00:54:45.280 if there is a change 00:54:45.280 --> 00:54:49.039 in ownership sometimes you lose that they don't get that 00:54:49.039 --> 00:54:50.119 notice for example 00:54:50.119 --> 00:54:55.079 or its return the 500 foot notification is purely courtesy 00:54:55.079 --> 00:54:56.519 and that enables 00:54:56.519 --> 00:54:59.760 individuals if they are interested in the case just as you 00:54:59.760 --> 00:55:00.440 mentioned the the 00:55:00.440 --> 00:55:02.969 properties across the creek when you jump the creek we 00:55:02.969 --> 00:55:04.280 would like to hear 00:55:04.280 --> 00:55:08.880 what they have to say but when it comes to the ultimate 00:55:08.880 --> 00:55:10.440 count of how many 00:55:10.440 --> 00:55:13.619 notices or property owners were for or against the request 00:55:13.619 --> 00:55:14.960 we would use the 200 00:55:14.960 --> 00:55:17.800 foot notification 00:55:25.639 --> 00:55:32.400 Commissioner Dadowitz I just wanted to clarify to mr. Hussp 00:55:32.400 --> 00:55:34.480 ett that notices go 00:55:34.480 --> 00:55:38.840 to the property owner I'm a property owner but it's a 00:55:38.840 --> 00:55:40.079 corporation I have a 00:55:40.079 --> 00:55:43.519 corporate address and those notices go to a corporate 00:55:43.519 --> 00:55:44.840 address and I obviously 00:55:44.840 --> 00:55:49.429 get them but if it's a renter if it's a leasy those those 00:55:49.429 --> 00:55:50.599 become issues that 00:55:50.599 --> 00:55:54.460 we've always addressed when we had even the oil fracking 00:55:54.460 --> 00:55:56.079 issue - how do we notice 00:55:56.079 --> 00:55:59.320 people when the surrounding area so that's part of the 00:55:59.320 --> 00:56:00.719 process and problem is 00:56:00.719 --> 00:56:05.159 it that owner doesn't pass it on or whatever then we're in 00:56:05.159 --> 00:56:05.760 the hard place 00:56:05.760 --> 00:56:09.239 yes exactly and I think that's that that ball on street is 00:56:09.239 --> 00:56:10.360 is right for that it's 00:56:10.360 --> 00:56:15.050 college kids it's probably 60 rent 40 own percentage you 00:56:15.050 --> 00:56:15.960 know so that makes 00:56:15.960 --> 00:56:18.599 sense but then it's again as a property owner who's renting 00:56:18.599 --> 00:56:19.840 you just may not 00:56:19.840 --> 00:56:23.039 care that it comes to that fruition and he may move on and 00:56:23.039 --> 00:56:24.039 meet do something 00:56:24.039 --> 00:56:27.119 else with that property so it's it's a balancing act that 00:56:27.119 --> 00:56:27.920 we have to you know 00:56:27.920 --> 00:56:36.320 walk through with this notice situation I agree any other 00:56:36.320 --> 00:56:37.239 further questions for 00:56:37.239 --> 00:56:45.639 staff on this item thank you Ross that will move us to I 00:56:45.639 --> 00:56:49.239 don't see well Ross 00:56:49.239 --> 00:57:04.639 item 4c item 4c is SUP 1518 Elm courts the request is 00:57:04.639 --> 00:57:06.079 regarding a specific use 00:57:06.079 --> 00:57:10.429 permit to allow multifamily dwelling units on approximately 00:57:10.429 --> 00:57:11.840 0.8 acres 00:57:11.840 --> 00:57:16.519 within a neighborhood residential 12 zoning district 00:57:16.519 --> 00:57:17.639 location of the 00:57:17.639 --> 00:57:22.659 properties on the southeast corner of Talaferro Street and 00:57:22.659 --> 00:57:24.119 North Elm Street 00:57:24.119 --> 00:57:28.780 zoning map indicates that the property is owned in our 00:57:28.780 --> 00:57:31.280 immune 12 and within 00:57:31.280 --> 00:57:34.949 that zoning district multifamily units require an SUP that 00:57:34.949 --> 00:57:37.400 zoning district was 00:57:37.400 --> 00:57:43.030 indicated and established by an ordinance in 2002 which 00:57:43.030 --> 00:57:44.400 anticipated the 00:57:44.400 --> 00:57:49.280 eventual placement of multifamily units on the property the 00:57:49.280 --> 00:57:51.039 feature land use map 00:57:51.039 --> 00:57:55.280 shows the area as low residential and adjacent properties 00:57:55.280 --> 00:57:56.679 are residential in 00:57:56.679 --> 00:58:02.309 nature I want to point out kind of a condition of the site 00:58:02.309 --> 00:58:03.480 that kind of 00:58:03.480 --> 00:58:07.829 inhibits support for multifamily and that would be that 00:58:07.829 --> 00:58:09.400 North Elm Street and 00:58:09.400 --> 00:58:14.110 North Locust Street are couplet streets which are act which 00:58:14.110 --> 00:58:15.440 are regional 00:58:15.440 --> 00:58:19.190 thoroughfares throughout the city northwest thoroughfares 00:58:19.190 --> 00:58:20.039 they are highly 00:58:20.039 --> 00:58:23.960 trafficked in multifamily units for this property will be 00:58:23.960 --> 00:58:25.000 accessed off in 00:58:25.000 --> 00:58:29.650 Talaferro within their site plan and no direct access off 00:58:29.650 --> 00:58:30.800 of Elm Street Elm 00:58:30.800 --> 00:58:37.440 Street is a southbound one-way street more intensity and 00:58:37.440 --> 00:58:39.159 vehicle trips are on 00:58:39.159 --> 00:58:43.760 the south side of University but this also these are 00:58:43.760 --> 00:58:45.400 streets that are used as 00:58:45.400 --> 00:58:49.750 thoroughfares north and south the site plan indicates that 00:58:49.750 --> 00:58:52.239 there are two two 00:58:52.239 --> 00:58:58.119 story units having four units total per each building and 00:58:58.119 --> 00:59:00.039 one one story unit 00:59:00.039 --> 00:59:04.110 having a four-bedroom multifamily unit these are the 00:59:04.110 --> 00:59:05.920 submitted elevations 00:59:05.920 --> 00:59:09.570 indicated from the applicants we've worked with the 00:59:09.570 --> 00:59:11.199 applicants to upgrade 00:59:11.199 --> 00:59:15.050 and make sure that these are high quality presidential 00:59:15.050 --> 00:59:16.119 character in style 00:59:16.119 --> 00:59:20.570 and care and and in composition they are walk-up units to 00:59:20.570 --> 00:59:22.320 towards the rear the 00:59:22.320 --> 00:59:28.150 face the front facing the Elm Street will be the front 00:59:28.150 --> 00:59:32.760 facade here we did 00:59:32.760 --> 00:59:37.900 review a landscape plan an alternative buffer plan for the 00:59:37.900 --> 00:59:39.840 use of a two-sided 00:59:39.840 --> 00:59:46.070 wood fence and that was approved by staff instead of a 20- 00:59:46.070 --> 00:59:47.039 foot landscape 00:59:47.039 --> 00:59:52.929 buffer required against the adjacent single-family area to 00:59:52.929 --> 00:59:53.800 the east 00:59:53.800 --> 00:59:57.880 considerations the NRBU 12 zoning was established in 2002 00:59:57.880 --> 00:59:58.840 and anticipated 00:59:58.840 --> 01:00:02.449 multifamily development proposed multifamily units are 01:00:02.449 --> 01:00:03.440 consistent and 01:00:03.440 --> 01:00:08.179 scale and density of surrounding properties North Elm and 01:00:08.179 --> 01:00:09.079 Locust are 01:00:09.079 --> 01:00:12.639 material thoroughfares that inhibit low residential 01:00:12.639 --> 01:00:15.559 patterns the approach the 01:00:15.559 --> 01:00:19.909 proposed multifamily complies with screening methods are 01:00:19.909 --> 01:00:20.559 required by 01:00:20.559 --> 01:00:25.969 chapter 13 of the DDC and the proposal complies with the 01:00:25.969 --> 01:00:28.039 criteria listed for 01:00:28.039 --> 01:00:32.110 approval of SUPs as outlined in your staff report so with 01:00:32.110 --> 01:00:33.440 that again public 01:00:33.440 --> 01:00:38.739 notifications were made with 21 92 and again zero 01:00:38.739 --> 01:00:40.800 respondents we did hold a 01:00:40.800 --> 01:00:44.480 neighborhood meeting and there were questions from a 01:00:44.480 --> 01:00:46.000 handful of staff that 01:00:46.000 --> 01:00:51.739 the applicant fielded and provided information to to 01:00:51.739 --> 01:00:54.159 residents with that 01:00:54.159 --> 01:00:58.019 staff is recommending approval subject to some conditions 01:00:58.019 --> 01:01:00.079 that the SUP 01:01:00.079 --> 01:01:03.539 substantially complies with the submitted site plan 01:01:03.539 --> 01:01:04.719 building elevations 01:01:04.719 --> 01:01:10.000 and landscape plan any questions please commissioner Ros 01:01:10.000 --> 01:01:11.559 sell I think this be a 01:01:11.559 --> 01:01:17.599 quick question what is low residential patterns is second 01:01:17.599 --> 01:01:18.599 last side he said it 01:01:18.599 --> 01:01:28.719 inhibits low residential patterns it's not really with that 01:01:28.719 --> 01:01:31.840 vernacular really 01:01:31.840 --> 01:01:36.250 the intent was to show that this is a unique condition in 01:01:36.250 --> 01:01:37.679 the city where we 01:01:37.679 --> 01:01:42.619 have single-family lots backing up to one side of either of 01:01:42.619 --> 01:01:44.000 a thoroughfare 01:01:44.000 --> 01:01:50.300 there are residential low residential patterns that follow 01:01:50.300 --> 01:01:52.199 the future land use 01:01:52.199 --> 01:01:55.699 map being that they are neighborhood context they have 01:01:55.699 --> 01:01:56.880 residential streets 01:01:56.880 --> 01:02:00.849 they have entry and exit from the thoroughfares and then 01:02:00.849 --> 01:02:01.880 kind of circulate 01:02:01.880 --> 01:02:07.760 through to other thoroughfares it's difficult to apply in 01:02:07.760 --> 01:02:08.559 cutting in 01:02:08.559 --> 01:02:14.190 context this condition of in between the streets as low 01:02:14.190 --> 01:02:17.800 residential thank you 01:02:17.800 --> 01:02:21.400 Commissioner Briegel thank you chair okay y'all know how 01:02:21.400 --> 01:02:22.239 much I super love 01:02:22.239 --> 01:02:25.550 infill like this is this is great because it's so quirky 01:02:25.550 --> 01:02:26.639 piece of land and 01:02:26.639 --> 01:02:30.079 I'm trying to think I mean I drive past it all the time 01:02:30.079 --> 01:02:31.179 Ross do you have any 01:02:31.179 --> 01:02:33.980 pictures of what's there currently I'm I'm like racking my 01:02:33.980 --> 01:02:34.840 brain trying to 01:02:34.840 --> 01:02:40.679 think of what there is a a wood structured single-family 01:02:40.679 --> 01:02:41.760 home that's 01:02:41.760 --> 01:02:44.690 right here I went knocked on the door to make sure that you 01:02:44.690 --> 01:02:45.760 know they knew I was 01:02:45.760 --> 01:02:50.360 going to place a sign on the property outside that it is 01:02:50.360 --> 01:02:52.679 you know a there are 01:02:52.679 --> 01:02:57.280 multiple kind of rental structures small multi-family small 01:02:57.280 --> 01:02:58.760 single-family units 01:02:58.760 --> 01:03:03.510 surrounding this corner of the street but the property 01:03:03.510 --> 01:03:05.440 itself is just that one 01:03:05.440 --> 01:03:09.039 unit just that one and well that unit that will disappear 01:03:09.039 --> 01:03:13.239 yes what where's I'm 01:03:13.239 --> 01:03:15.840 just carry where's Dan's meat market is that to the north I 01:03:15.840 --> 01:03:16.320 'm just trying to 01:03:16.320 --> 01:03:23.119 like yeah yeah okay that's great thanks Commissioner Taylor 01:03:23.119 --> 01:03:24.719 a quick question 01:03:24.719 --> 01:03:29.739 that might be more of an engineering question why doesn't 01:03:29.739 --> 01:03:31.000 tell if tell you 01:03:31.000 --> 01:03:36.119 Pharaoh connect to locust it's we own the land city owns 01:03:36.119 --> 01:03:37.280 the land it's even 01:03:37.280 --> 01:03:40.219 got pavement there but there's like a little barrier right 01:03:40.219 --> 01:03:41.699 there it's been 01:03:41.699 --> 01:03:45.949 there for a long time what I was told by our streets 01:03:45.949 --> 01:03:46.800 department is that 01:03:46.800 --> 01:03:50.909 telepharo dead ends I believe somewhere out in this area 01:03:50.909 --> 01:03:53.039 right here reason being 01:03:53.039 --> 01:03:57.219 I mean it's been closed for over what I was told over 30 01:03:57.219 --> 01:03:59.760 years and I think the 01:03:59.760 --> 01:04:04.360 reason I was told was that residents back then complained 01:04:04.360 --> 01:04:05.679 about the amount of 01:04:05.679 --> 01:04:09.110 cut-through traffic along that narrow street and so to sit 01:04:09.110 --> 01:04:10.039 and decided to 01:04:10.039 --> 01:04:16.840 close that to prevent that cut-through traffic it is very 01:04:16.840 --> 01:04:17.280 narrow 01:04:21.119 --> 01:04:24.039 sorry Commissioner Bruegel thank you chair is it open on 01:04:24.039 --> 01:04:25.880 Bolivar there yes 01:04:25.880 --> 01:04:32.170 and that's a two-way street so okay that's that's the 01:04:32.170 --> 01:04:34.199 answer I can give you 01:04:34.199 --> 01:04:42.179 probably more of an alley yeah yeah the pavement did go 01:04:42.179 --> 01:04:42.920 through but there's 01:04:42.920 --> 01:04:46.780 there are posts with a little metal you know guardrail 01:04:46.780 --> 01:04:48.039 barrier across there like 01:04:48.039 --> 01:04:53.269 some at some point we closed the street so just I just have 01:04:53.269 --> 01:04:55.599 a comment I like the 01:04:55.599 --> 01:04:58.489 project along with Commissioner Bruegel to see the infill 01:04:58.489 --> 01:04:59.599 it's something I've 01:04:59.599 --> 01:05:02.340 championed on this Commission over and over again so it's 01:05:02.340 --> 01:05:03.159 nice to see that 01:05:03.159 --> 01:05:06.909 redevelopment and it's nice to see the buildings and that 01:05:06.909 --> 01:05:07.880 may be a design 01:05:07.880 --> 01:05:11.199 criteria up against the street versus the parking lot like 01:05:11.199 --> 01:05:12.000 the unit that's 01:05:12.000 --> 01:05:15.059 further to the south there so I think it's going to be a 01:05:15.059 --> 01:05:16.199 much nicer look and 01:05:16.199 --> 01:05:19.800 more of a residential feel and the final comment and I may 01:05:19.800 --> 01:05:21.079 have misunderstood in 01:05:21.079 --> 01:05:23.829 your presentation I thought you said it the only access was 01:05:23.829 --> 01:05:24.840 going to be on Tyler 01:05:24.840 --> 01:05:29.079 Farrow but it looks like there's also an approach that 01:05:29.079 --> 01:05:33.599 comes back out fire and 01:05:33.599 --> 01:05:40.250 emergency and trash truck exit so is it going to be one of 01:05:40.250 --> 01:05:41.719 those that's gated or 01:05:41.719 --> 01:05:46.719 or it's just it's probably it's an exit only we have signs 01:05:46.719 --> 01:05:47.639 on it may have signs 01:05:47.639 --> 01:05:52.920 and hooded okay curves okay so the only entrance is off to 01:05:52.920 --> 01:05:56.130 Farrell but it has an exit out right to Elm okay I 01:05:56.130 --> 01:05:57.400 misunderstood your in your 01:05:57.400 --> 01:06:03.239 presentation on the delineation there any other questions 01:06:03.239 --> 01:06:06.239 for staff thank you 01:06:06.239 --> 01:06:14.550 Ross again just to reiterate our item D which is Buckeyes 01:06:14.550 --> 01:06:16.639 which is ADP 16 - 0 0 01:06:16.639 --> 01:06:20.719 0 2 that is going to be continued tonight so we will not 01:06:20.719 --> 01:06:21.000 have a 01:06:21.000 --> 01:06:25.829 presentation here at work session and we will only open 01:06:25.829 --> 01:06:28.199 that item in our public 01:06:28.199 --> 01:06:31.179 session in council chambers and then we will continue that 01:06:31.179 --> 01:06:32.079 item for anybody 01:06:32.079 --> 01:06:35.449 who's going to be here to see that item it will not be 01:06:35.449 --> 01:06:39.280 heard tonight so seeing 01:06:39.280 --> 01:06:43.230 nothing else on our work session agenda I'm going to close 01:06:43.230 --> 01:06:44.800 our work session at 01:06:44.800 --> 01:06:49.199 620 and we'll try to reconvene at 630 in council chambers 01:06:49.199 --> 01:06:51.800 thank you 01:07:02.079 --> 01:07:12.119 [Music] 01:07:18.360 --> 01:07:22.219 now we're good good evening and welcome to our planning and 01:07:22.219 --> 01:07:22.920 zoning Commission 01:07:22.920 --> 01:07:28.440 meeting for March the 9th it is 634 and this meeting has 01:07:28.440 --> 01:07:29.920 been duly posted and we 01:07:29.920 --> 01:07:32.010 have a quorum present and I'm gonna call our meeting to 01:07:32.010 --> 01:07:34.239 order and our first item 01:07:34.239 --> 01:07:38.429 of business is going to be to stand for the US and the 01:07:38.429 --> 01:07:39.400 Texas flag 01:07:56.679 --> 01:08:07.119 Texas flag to be Texas one state under God one individual 01:08:14.119 --> 01:08:16.880 our next item of business is going to be to consider our 01:08:16.880 --> 01:08:20.680 minutes and I'd like 01:08:20.680 --> 01:08:23.920 that and then two separate motions one for the tenth and a 01:08:23.920 --> 01:08:24.880 separate motion and 01:08:24.880 --> 01:08:28.920 we'll take that one first 01:08:33.000 --> 01:08:36.310 Commissioner Taylor I move approval of the February 10th 01:08:36.310 --> 01:08:36.880 planning zoning 01:08:36.880 --> 01:08:39.399 Commission minutes 01:08:43.720 --> 01:08:47.640 Commissioner Beck I take the motion okay we have a first 01:08:47.640 --> 01:08:48.479 and a second any 01:08:48.479 --> 01:08:54.159 discussion seeing none I'll call for a vote on the board 01:08:54.159 --> 01:09:08.560 motion carries six zero 01:09:08.560 --> 01:09:15.520 with one recuse Commissioner Dudowitz yes chair thank you I 01:09:15.520 --> 01:09:16.920 approve the minutes 01:09:16.920 --> 01:09:21.720 February 24th okay I have a second 01:09:22.279 --> 01:09:27.319 Commissioner Bribble I'll second okay the first and second 01:09:27.319 --> 01:09:28.000 any discussion on 01:09:28.000 --> 01:09:33.600 minutes seeing none call for a vote on the board 01:09:45.359 --> 01:09:51.649 that Adam passes six zero with one recuse that moves us to 01:09:51.649 --> 01:09:52.800 our consent 01:09:52.800 --> 01:09:55.199 agenda 01:09:59.079 --> 01:10:03.449 Commissioner Beck motion we approve the consent agenda okay 01:10:03.449 --> 01:10:04.479 Commissioner 01:10:04.479 --> 01:10:08.949 Dudowitz I second we have a first and a second any 01:10:08.949 --> 01:10:12.840 discussion seeing none call 01:10:12.840 --> 01:10:15.640 for a vote on the board 01:10:23.840 --> 01:10:27.050 the motion carries seven zero that will move us to our 01:10:27.050 --> 01:10:30.880 public hearing section 01:10:30.880 --> 01:10:35.880 for this evening as a point of order on tonight's agenda 01:10:35.880 --> 01:10:40.079 item D which is ADP 16 01:10:40.079 --> 01:10:45.399 - 0 0 0 2 I'm going to change the order and I'm going to 01:10:45.399 --> 01:10:47.520 open that item for 01:10:47.520 --> 01:10:51.710 public hearing at this time and we are going to continue 01:10:51.710 --> 01:10:53.359 that public hearing 01:10:53.359 --> 01:10:59.039 until a date certain of March the 23rd 01:11:03.359 --> 01:11:07.210 that will move us to our next item back on the order of our 01:11:07.210 --> 01:11:09.640 agenda which is 01:11:09.640 --> 01:11:14.819 going to be item a and I'm going to open the public hearing 01:11:14.819 --> 01:11:19.399 for z 16 - 0 0 1 B 01:11:19.399 --> 01:11:23.479 I'm going to turn that over to Manal for a presentation 01:11:23.479 --> 01:11:25.079 thank you chair person 01:11:25.079 --> 01:11:27.539 strange at this point if you would like to call the 01:11:27.539 --> 01:11:28.760 applicant to make their 01:11:28.760 --> 01:11:35.199 presentation the applicant here to speak please say your 01:11:35.199 --> 01:11:36.119 name and address for the 01:11:36.119 --> 01:11:39.600 record please and chairman members of the Commission my 01:11:39.600 --> 01:11:40.840 name is Greg Edwards I'm 01:11:40.840 --> 01:11:45.079 with Greg Edwards in engineering services we're at 1621 01:11:45.079 --> 01:11:45.840 Amanda Court 01:11:45.840 --> 01:11:53.319 pondered Texas basically our clients are interested in 01:11:53.319 --> 01:11:54.880 developing a townhome 01:11:54.880 --> 01:12:00.319 project at this location fortunately for us and in meeting 01:12:00.319 --> 01:12:01.119 with the staff it 01:12:01.119 --> 01:12:07.560 appears to be in it appears to be consistent with the city 01:12:07.560 --> 01:12:09.119 's master plans 01:12:09.119 --> 01:12:13.619 and we appreciate your consideration and recommendation on 01:12:13.619 --> 01:12:16.119 to City Council and 01:12:16.119 --> 01:12:22.140 Javier Rodriguez with the owner is here also if you have 01:12:22.140 --> 01:12:24.880 any questions any 01:12:24.880 --> 01:12:34.149 questions for the applicant thank you thank you sir at this 01:12:34.149 --> 01:12:37.119 time we'll call 01:12:37.119 --> 01:12:42.199 ask Julie Wyatt to make the staff presentation please 01:12:51.520 --> 01:12:56.119 all right just a summary of the the request before you the 01:12:56.119 --> 01:12:57.079 request is to 01:12:57.079 --> 01:13:01.939 rezone the subject property outlined in yellow from NR 2 to 01:13:01.939 --> 01:13:04.720 NR MU the location is 01:13:04.720 --> 01:13:09.550 at the corner of Bonnie Bray and Windsor staff analyzed the 01:13:09.550 --> 01:13:11.600 request and due to 01:13:11.600 --> 01:13:15.210 site site constraints regarding a gas well as well as flood 01:13:15.210 --> 01:13:16.600 plain in addition 01:13:16.600 --> 01:13:20.470 to conformance with the Denton development plan I'm sorry 01:13:20.470 --> 01:13:22.319 the didn't plan 2030 and 01:13:22.319 --> 01:13:25.390 the criteria for approval in the Denton development code 01:13:25.390 --> 01:13:26.279 staff recommends 01:13:26.279 --> 01:13:38.199 approval of this request any questions for staff thank you 01:13:38.199 --> 01:13:39.920 Julie this is a 01:13:39.920 --> 01:13:42.789 public hearing anyone that would like to speak on this item 01:13:42.789 --> 01:13:43.680 is welcome to come 01:13:43.680 --> 01:13:47.920 forward for this item or feature items that will hear 01:13:47.920 --> 01:13:48.960 tonight please fill out a 01:13:48.960 --> 01:13:52.270 card and when you approach you'll have four minutes and 01:13:52.270 --> 01:13:53.319 please have your name 01:13:53.319 --> 01:13:55.800 and address again public this is a public hearing and 01:13:55.800 --> 01:13:56.439 anyone who would like 01:13:56.439 --> 01:14:00.439 to speak on this item is welcome to approach 01:14:03.560 --> 01:14:05.600 approach and please give us your name and address and when 01:14:05.600 --> 01:14:07.399 you're finished if 01:14:07.399 --> 01:14:10.710 you will get with they have cards I think right outside the 01:14:10.710 --> 01:14:10.840 door 01:14:10.840 --> 01:14:14.479 mr. chairman I thought represent my name is Jose Montoya I 01:14:14.479 --> 01:14:16.479 live at 3008 Beverly 01:14:16.479 --> 01:14:21.970 Drive I work at Immaculate Conception Church and school and 01:14:21.970 --> 01:14:23.119 I have several 01:14:23.119 --> 01:14:28.920 questions regarding the application in the report that mr. 01:14:28.920 --> 01:14:29.680 it would just 01:14:29.680 --> 01:14:34.359 presented site history they quoted that there had been no 01:14:34.359 --> 01:14:36.159 proposed plans for 01:14:36.159 --> 01:14:41.569 that site there was a proposal for another church there so 01:14:41.569 --> 01:14:44.079 that is a not in 01:14:44.079 --> 01:14:50.149 consideration there the proposed site also mentions the gas 01:14:50.149 --> 01:14:51.760 well not too long 01:14:51.760 --> 01:14:57.060 ago we had a burst in that gas line close to 35 we are 01:14:57.060 --> 01:14:58.520 right across the 01:14:58.520 --> 01:15:03.119 street from that gas well the major building there is the 01:15:03.119 --> 01:15:04.439 elementary school 01:15:04.439 --> 01:15:10.119 building okay less than 500 feet the additional 01:15:10.119 --> 01:15:12.600 construction which goes from 01:15:12.600 --> 01:15:20.760 the two to four homes per acre now is 30 to 40 townhomes 01:15:20.760 --> 01:15:22.439 the additional not only 01:15:22.439 --> 01:15:27.560 traffic but the people traffic in that area would increase 01:15:27.560 --> 01:15:29.880 multiple times that 01:15:29.880 --> 01:15:33.189 in conjunction with the activities that North Lakes has on 01:15:33.189 --> 01:15:34.039 Saturdays and Sundays 01:15:34.039 --> 01:15:38.390 and weekends would additionally increase the traffic flow 01:15:38.390 --> 01:15:39.640 we have four major 01:15:39.640 --> 01:15:42.949 events that are taking place during the school year I mean 01:15:42.949 --> 01:15:44.800 during the year that 01:15:44.800 --> 01:15:49.659 being December 8th December 12th where we have over 1,000 01:15:49.659 --> 01:15:51.199 people coming to 01:15:51.199 --> 01:15:55.449 church and the traffic flow we occupy every parking space 01:15:55.449 --> 01:15:56.800 every handicapped 01:15:56.800 --> 01:16:02.430 space across the street in the city property of the park 01:16:02.430 --> 01:16:04.239 and by the well and 01:16:04.239 --> 01:16:11.829 at North Lakes we are a community of over 4,800 families 01:16:11.829 --> 01:16:14.520 the additional homes 01:16:14.520 --> 01:16:21.220 would also increase the I would like to call it family use 01:16:21.220 --> 01:16:22.760 of our facilities 01:16:22.760 --> 01:16:26.649 which we currently have with our neighbors to the west of 01:16:26.649 --> 01:16:27.479 us who have 01:16:27.479 --> 01:16:31.340 jumped the fence that we put up who to play basketball on 01:16:31.340 --> 01:16:32.840 our courts to play on 01:16:32.840 --> 01:16:36.279 the children's playground and have broken that on several 01:16:36.279 --> 01:16:37.319 instances and we 01:16:37.319 --> 01:16:40.640 have no recourse but to say homeowners Association can you 01:16:40.640 --> 01:16:41.760 help us out that's 01:16:41.760 --> 01:16:45.909 not our problem we also have the water flow that's coming 01:16:45.909 --> 01:16:46.560 off of that 01:16:46.560 --> 01:16:50.590 development the water flow is of concern we are in a flood 01:16:50.590 --> 01:16:51.720 plain we are 01:16:51.720 --> 01:16:55.649 taking water as we speak with even this rain the increased 01:16:55.649 --> 01:16:56.920 water flow that is 01:16:56.920 --> 01:17:01.779 mentioned in the report of going to the sewer okay is a 01:17:01.779 --> 01:17:03.479 concern of the water 01:17:03.479 --> 01:17:08.340 flow I know that it's easy to tap into the Windsor sewer 01:17:08.340 --> 01:17:09.960 and water line but 01:17:09.960 --> 01:17:13.819 you're not looking at the downflow of that sewer would end 01:17:13.819 --> 01:17:15.000 up plugging up our 01:17:15.000 --> 01:17:19.350 sewer which runs uphill halfway to the school and then down 01:17:19.350 --> 01:17:20.920 to suit to Windsor 01:17:20.920 --> 01:17:27.289 I would ask the following questions will there be a street 01:17:27.289 --> 01:17:30.079 placed on the property 01:17:30.079 --> 01:17:37.800 and if so where is the egress sites on that will there be a 01:17:37.800 --> 01:17:39.920 sewer line placed 01:17:39.920 --> 01:17:45.800 along Bonnie Bray that would help that development as well 01:17:45.800 --> 01:17:47.039 as us we already 01:17:47.039 --> 01:17:51.899 have the flow from the West coming on to Windsor and the 01:17:51.899 --> 01:17:53.520 new buildings that are 01:17:53.520 --> 01:17:58.600 currently there this would again put a strain on our sewer 01:17:58.600 --> 01:18:00.159 lines which are now 01:18:00.159 --> 01:18:03.479 going to Windsor we have no other way to get rid of our 01:18:03.479 --> 01:18:05.359 switch will there be a 01:18:05.359 --> 01:18:09.520 traffic light due to the increased traffic at the corner of 01:18:09.520 --> 01:18:10.000 that 01:18:10.000 --> 01:18:14.600 intersection Windsor Bonnie Bray we have a fire department 01:18:14.600 --> 01:18:16.380 who oftentimes has to 01:18:16.380 --> 01:18:20.710 run through there and traffic does not allow it to go 01:18:20.710 --> 01:18:22.760 through will there be a 01:18:22.760 --> 01:18:27.659 light place at the intersection let me conclude by saying 01:18:27.659 --> 01:18:29.039 that the gas pumps 01:18:29.039 --> 01:18:34.260 across the property are of concern to us if there's going 01:18:34.260 --> 01:18:36.039 to be commercial pipes 01:18:36.039 --> 01:18:41.149 or store thank you for your time a question for you yes are 01:18:41.149 --> 01:18:41.699 you 01:18:41.699 --> 01:18:46.159 representing the school this evening both okay I'm looking 01:18:46.159 --> 01:18:47.520 at our notification 01:18:47.520 --> 01:18:52.010 map at this time we didn't have a comment from you either 01:18:52.010 --> 01:18:52.800 for against are 01:18:52.800 --> 01:18:55.029 you indicating that you're against the project or do you 01:18:55.029 --> 01:18:55.880 have just concerns 01:18:55.880 --> 01:19:06.239 against okay any other questions 01:19:08.239 --> 01:19:14.960 I had it on there sorry Commissioner back thank you chair 01:19:14.960 --> 01:19:16.359 your concern about 01:19:16.359 --> 01:19:19.600 the sewage that it's a legitimate concern how is it 01:19:19.600 --> 01:19:20.920 functioning now is it 01:19:20.920 --> 01:19:23.210 doing properly what it's supposed to be doing are you 01:19:23.210 --> 01:19:24.359 having problems with it 01:19:24.359 --> 01:19:28.109 now we have to shut down one of our facility bathrooms in 01:19:28.109 --> 01:19:29.359 the chapel because 01:19:29.359 --> 01:19:34.739 we couldn't get the sewage to go uphill it has to go uphill 01:19:34.739 --> 01:19:36.439 to a level area go 01:19:36.439 --> 01:19:41.100 across about 200 feet and then slow back down we are in the 01:19:41.100 --> 01:19:42.439 flood there was this 01:19:42.439 --> 01:19:45.260 just one incident or does this tend to occur when it rains 01:19:45.260 --> 01:19:46.680 on it's been going 01:19:46.680 --> 01:19:50.539 on many many years we finally had to shut it down three 01:19:50.539 --> 01:19:52.960 years ago okay thank 01:19:52.960 --> 01:19:57.909 you the only the only sewer line that comes up if I'm 01:19:57.909 --> 01:19:59.359 mistaken would be to as 01:19:59.359 --> 01:20:04.890 far as the Academy store and it stops there I have one 01:20:04.890 --> 01:20:06.359 other question for you 01:20:06.359 --> 01:20:11.340 Commissioner Roselle thank you chair previously this I don 01:20:11.340 --> 01:20:11.800 't know if staff 01:20:11.800 --> 01:20:14.369 can speak to this we had a capacity looked into capacity 01:20:14.369 --> 01:20:15.119 when we're looking 01:20:15.119 --> 01:20:18.000 at the fry Street Apartments has capacity been looked into 01:20:18.000 --> 01:20:18.600 in the road 01:20:18.600 --> 01:20:22.520 impact for traffic light and or the sewage sewage capacity 01:20:22.520 --> 01:20:23.840 of construction I 01:20:23.840 --> 01:20:27.590 know we're in the zoning process so it probably hasn't been 01:20:27.590 --> 01:20:34.439 done yet that type 01:20:34.439 --> 01:20:38.090 of detail would come at building permit okay thank you all 01:20:38.090 --> 01:20:38.760 right actually at 01:20:38.760 --> 01:20:45.439 platting when it comes to that points already done and then 01:20:45.439 --> 01:20:46.920 we we end up having 01:20:46.920 --> 01:20:52.550 to absorb the additional sewage well we'll have an 01:20:52.550 --> 01:20:54.600 opportunity to review it 01:20:54.600 --> 01:20:57.380 at preliminary plat to approve whether the project will 01:20:57.380 --> 01:20:58.439 proceed forward or not 01:20:58.439 --> 01:21:01.649 this is be just strictly for the zoning only at this time 01:21:01.649 --> 01:21:03.079 thank you thank you 01:21:03.079 --> 01:21:05.279 sir 01:21:06.720 --> 01:21:09.199 again this a public hearing is there anyone else that would 01:21:09.199 --> 01:21:10.279 like to speak on 01:21:10.279 --> 01:21:17.039 this item tonight seeing none I'll close the public hearing 01:21:17.039 --> 01:21:18.359 and the chair would 01:21:18.359 --> 01:21:21.000 entertain a motion 01:21:30.079 --> 01:21:34.000 Commissioner Tyler thank you chair just a few questions 01:21:34.000 --> 01:21:34.479 kind of follow up 01:21:34.479 --> 01:21:39.250 questions for staff first this might be a question to legal 01:21:39.250 --> 01:21:42.640 do we or or Julie do 01:21:42.640 --> 01:21:47.689 we know if we are going to reach a super majority threshold 01:21:47.689 --> 01:21:48.880 with the property to 01:21:48.880 --> 01:21:52.960 the south being in opposition we'll have to take a look at 01:21:52.960 --> 01:21:54.720 that calculation in 01:21:54.720 --> 01:21:59.310 time for the City Council and then my next two questions 01:21:59.310 --> 01:22:00.520 are regarding 01:22:00.520 --> 01:22:03.829 infrastructure and as you said the fine details of 01:22:03.829 --> 01:22:05.159 infrastructure will be done 01:22:05.159 --> 01:22:08.689 at platting right but I think we can we can generally 01:22:08.689 --> 01:22:10.079 answer some kind of 01:22:10.079 --> 01:22:14.600 broader questions here so there's a concern of traffic is 01:22:14.600 --> 01:22:16.119 there any do you 01:22:16.119 --> 01:22:19.520 have any estimation or perhaps Earl has some estimation of 01:22:19.520 --> 01:22:20.760 the traffic count now 01:22:20.760 --> 01:22:24.069 like well how much traffic goes on Windsor and Bonnie Bray 01:22:24.069 --> 01:22:24.720 today and how 01:22:24.720 --> 01:22:29.010 many roughly units would be allowed on the property I can 01:22:29.010 --> 01:22:30.880 answer to the units 01:22:30.880 --> 01:22:38.140 the density for it's it's five to six acres if we just look 01:22:38.140 --> 01:22:39.800 at five acres it's 01:22:39.800 --> 01:22:43.109 it would be 12 dwelling units per acre so it could be up to 01:22:43.109 --> 01:22:44.039 60 units I don't 01:22:44.039 --> 01:22:46.359 know if they could actually do that due to so much of the 01:22:46.359 --> 01:22:47.279 property actually 01:22:47.279 --> 01:22:52.050 being in the flood zone but but if NRME would allow the 12 01:22:52.050 --> 01:22:55.039 units per acre 01:23:00.239 --> 01:23:02.859 with regards to traffic you know a single-family lot 01:23:02.859 --> 01:23:06.760 generates 10 trips per 01:23:06.760 --> 01:23:11.279 day so I mean the maximum number of trips were talking 01:23:11.279 --> 01:23:12.399 probably about 400 01:23:12.399 --> 01:23:15.640 ships per day 40 based on 40 lots if they can physically 01:23:15.640 --> 01:23:16.760 fit 40 lots within 01:23:16.760 --> 01:23:21.000 this the confinements of this property with the floodplain 01:23:21.000 --> 01:23:22.760 and all Windsor and 01:23:22.760 --> 01:23:27.000 Bonnie Bray are secondary materials four lane roadways and 01:23:27.000 --> 01:23:28.319 they have a capacity 01:23:28.319 --> 01:23:32.560 of about I'd say about 25,000 ships per day for each road 01:23:32.560 --> 01:23:34.840 way I don't have the 01:23:34.840 --> 01:23:38.439 current traffic counts on me but we're nowhere near that so 01:23:38.439 --> 01:23:39.760 right now we'd be 01:23:39.760 --> 01:23:44.300 looking at as its zone now this could this property could 01:23:44.300 --> 01:23:45.600 generate up to maybe 01:23:45.600 --> 01:23:51.960 200 trips a day and based on 20 lines yeah and then with 01:23:51.960 --> 01:23:52.880 the new zoning you 01:23:52.880 --> 01:23:57.600 might be looking at apartments are slightly lower trips per 01:23:57.600 --> 01:23:58.279 day I believe 01:23:58.279 --> 01:24:00.350 than in houses so you'd be looking at maybe five or six 01:24:00.350 --> 01:24:01.319 hundred trips per day 01:24:01.319 --> 01:24:05.479 but you have a total capacity of 25,000 on basically both 01:24:05.479 --> 01:24:06.880 roads so total capacity 01:24:06.880 --> 01:24:12.239 of 50,000 cars today so at what point would this this doesn 01:24:12.239 --> 01:24:12.720 't sound like it 01:24:12.720 --> 01:24:14.880 would be enough to push us to the point of getting a 01:24:14.880 --> 01:24:16.119 traffic light seems like 01:24:16.119 --> 01:24:19.189 they will cost participate we foresee this being a signal 01:24:19.189 --> 01:24:20.039 ized intersection 01:24:20.039 --> 01:24:22.560 just because it's an intersection of two secondary arter 01:24:22.560 --> 01:24:23.880 ials so they will cost 01:24:23.880 --> 01:24:26.640 participate their proportionate share towards the signal 01:24:26.640 --> 01:24:27.720 there okay but then 01:24:27.720 --> 01:24:30.449 this this isn't the project that puts it over there this is 01:24:30.449 --> 01:24:31.600 this development will 01:24:31.600 --> 01:24:34.920 not warrant a signal at this at this intersection however 01:24:34.920 --> 01:24:36.399 and then another my 01:24:36.399 --> 01:24:40.489 other questions are regarding sewer we've had a neighbor 01:24:40.489 --> 01:24:41.840 basically saying 01:24:41.840 --> 01:24:43.600 that they're having trouble with their sewer line having to 01:24:43.600 --> 01:24:44.159 run uphill and then 01:24:44.159 --> 01:24:47.920 downhill to get to the street where what part of the sewer 01:24:47.920 --> 01:24:48.720 line is the city 01:24:48.720 --> 01:24:52.050 responsible for and what part would just be private 01:24:52.050 --> 01:24:54.279 ownership there is an 01:24:54.279 --> 01:24:56.840 existing 10 inch sewer line along Windsor which this 01:24:56.840 --> 01:24:57.720 development will 01:24:57.720 --> 01:25:01.710 connect to I'm not familiar with the sewer situation of the 01:25:01.710 --> 01:25:02.680 church but if 01:25:02.680 --> 01:25:04.920 it's going uphill sounds like it's some sort of pump 01:25:04.920 --> 01:25:06.239 pumping it uphill to get to 01:25:06.239 --> 01:25:10.670 this gravity line this development drain towards Windsor so 01:25:10.670 --> 01:25:11.760 they should be able 01:25:11.760 --> 01:25:15.840 to gravity and towards that the city only owns basically 01:25:15.840 --> 01:25:17.279 the sewer line at the 01:25:17.279 --> 01:25:21.239 road we own those sewer line on Windsor and depending on 01:25:21.239 --> 01:25:22.640 how this development is 01:25:22.640 --> 01:25:26.750 laid out if there's a public street system to serve the 01:25:26.750 --> 01:25:28.119 interior of this 01:25:28.119 --> 01:25:30.899 development to serve each lot then the sewer line and water 01:25:30.899 --> 01:25:31.760 line within that 01:25:31.760 --> 01:25:34.640 public street system will also be publicly owned so only 01:25:34.640 --> 01:25:35.720 with the roadway 01:25:35.720 --> 01:25:40.000 only if there's a public street though thank you 01:25:40.000 --> 01:25:42.909 I think one other question Commissioner Dudowitz yeah my 01:25:42.909 --> 01:25:44.079 question is Julie could 01:25:44.079 --> 01:25:47.819 put up the slate zone and zoning map that we saw in work 01:25:47.819 --> 01:25:50.039 session so that we're 01:25:50.039 --> 01:25:54.380 all clear thank you the property that's outlined in red 01:25:54.380 --> 01:25:56.520 south of the what we're 01:25:56.520 --> 01:26:01.760 talking about yes that is owned the it currently is MRMU 01:26:01.760 --> 01:26:02.720 which is what we're 01:26:02.720 --> 01:26:05.369 asking for that property to be sold correct correct you 01:26:05.369 --> 01:26:06.819 know the Catholic 01:26:06.819 --> 01:26:14.470 Church is in that orange area correct so the property that 01:26:14.470 --> 01:26:15.560 that is owned 01:26:15.560 --> 01:26:19.800 currently they were asking me rezoned has the same impact 01:26:19.800 --> 01:26:21.399 on those streets and 01:26:21.399 --> 01:26:24.199 street sign and sewer if it was to be developed and I 01:26:24.199 --> 01:26:24.680 understand there's 01:26:24.680 --> 01:26:27.560 sale there's a for sale signs on that property now as it 01:26:27.560 --> 01:26:29.439 furnishes both Windsor 01:26:29.439 --> 01:26:32.810 and Bonnie Bray so we're going to have that you know both 01:26:32.810 --> 01:26:33.439 properties are going 01:26:33.439 --> 01:26:36.399 to have the same issues and they have to be addressed at 01:26:36.399 --> 01:26:37.359 Platting yes all right 01:26:37.359 --> 01:26:39.640 thank you 01:26:51.039 --> 01:27:00.630 Commissioner Oselle I motion to approve Z 16000 1b 01:27:00.630 --> 01:27:04.239 Commissioner Tyler second 01:27:07.039 --> 01:27:10.680 first and second a discussion Commissioner Bruegel thank 01:27:10.680 --> 01:27:13.640 you chair Mr. 01:27:13.640 --> 01:27:16.850 Montoya thank you for being here this evening I hear a lot 01:27:16.850 --> 01:27:18.560 of your concerns I 01:27:18.560 --> 01:27:22.000 really do is specifically the the concern about the gas 01:27:22.000 --> 01:27:23.239 well so close to 01:27:23.239 --> 01:27:26.550 your property and so close to what could be a residential 01:27:26.550 --> 01:27:28.119 neighborhood the 01:27:28.119 --> 01:27:31.430 families with children and and I brought that up during our 01:27:31.430 --> 01:27:32.600 work session and I 01:27:32.600 --> 01:27:35.399 encouraged city staff to to get on top of this sooner 01:27:35.399 --> 01:27:37.119 rather than later at this 01:27:37.119 --> 01:27:40.319 time we're looking specifically at the zoning requests and 01:27:40.319 --> 01:27:41.119 all these other 01:27:41.119 --> 01:27:44.060 concerns that you have which I share with you we will have 01:27:44.060 --> 01:27:45.439 an opportunity when 01:27:45.439 --> 01:27:49.460 we see a proposed plat for this to go over all of those 01:27:49.460 --> 01:27:51.039 issues so I want you 01:27:51.039 --> 01:27:54.899 to know I heard you tonight that's going to be at a later 01:27:54.899 --> 01:27:56.760 step though so just so 01:27:56.760 --> 01:28:03.079 we're clear any other requests to speak 01:28:04.520 --> 01:28:09.000 seeing none have a first and a second and I'll call for our 01:28:09.000 --> 01:28:10.880 vote on the board 01:28:15.439 --> 01:28:23.439 motion carries 7-0 at this time I'm going to open our next 01:28:23.439 --> 01:28:25.039 item for public 01:28:25.039 --> 01:28:38.739 hearing Z 15 - 0 0 3 4 and I will call on the applicant Mr. 01:28:38.739 --> 01:28:39.600 Chairman and members 01:28:39.600 --> 01:28:49.840 of the Commission my name is Lyle Drescher thank you my 01:28:49.840 --> 01:28:50.319 name is Lyle 01:28:50.319 --> 01:28:54.250 Drescher I am the chairman of the facilities construction 01:28:54.250 --> 01:28:55.560 committee for the 01:28:55.560 --> 01:29:00.100 United Way of Denton County we are under contract subject 01:29:00.100 --> 01:29:01.279 to zoning to purchase 01:29:01.279 --> 01:29:05.520 about five acres of property the sophomore Street and just 01:29:05.520 --> 01:29:06.640 to the west of 01:29:06.640 --> 01:29:10.779 Woodrow Lane that five acres is currently owned by the Dent 01:29:10.779 --> 01:29:11.119 on Housing 01:29:11.119 --> 01:29:13.529 Authority but I've already mentioned that it is under 01:29:13.529 --> 01:29:14.640 contract to us subject 01:29:14.640 --> 01:29:18.890 to zoning our desire is in order to continue to expand the 01:29:18.890 --> 01:29:19.920 services of 01:29:19.920 --> 01:29:22.550 United Way of Denton County and to better serve the 01:29:22.550 --> 01:29:23.800 community we just 01:29:23.800 --> 01:29:27.119 simply need to expand into a larger facility and our plans 01:29:27.119 --> 01:29:27.840 are to build 01:29:27.840 --> 01:29:32.189 approximately 11,000 square feet of office space and 01:29:32.189 --> 01:29:33.640 auditorium space for 01:29:33.640 --> 01:29:40.399 different community United Way agency activities we have a 01:29:40.399 --> 01:29:41.439 staff here our 01:29:41.439 --> 01:29:43.899 architect is here so we're here to open to answer any 01:29:43.899 --> 01:29:45.119 questions that you might 01:29:45.119 --> 01:29:48.970 have during the hearing and would also like to offer my 01:29:48.970 --> 01:29:50.520 appreciation to the 01:29:50.520 --> 01:29:54.189 planning staff who's been very helpful to us because we don 01:29:54.189 --> 01:29:54.760 't do this very 01:29:54.760 --> 01:29:58.170 often and they've been very helpful in cutting guidance 01:29:58.170 --> 01:30:00.079 through the process 01:30:03.680 --> 01:30:10.439 there's a Commissioner Hussbuth you have a question for the 01:30:10.439 --> 01:30:14.680 applicant yes mr. sir 01:30:14.680 --> 01:30:23.520 is it Dresdner Dresher all right let me get it back in 01:30:23.520 --> 01:30:27.560 front me bear with me so 01:30:27.560 --> 01:30:33.770 Ross could you help me with the site location the aerial 01:30:33.770 --> 01:30:37.119 photo please sir 01:30:39.640 --> 01:30:44.670 can you so my question is the entrance or the access to the 01:30:44.670 --> 01:30:47.199 property on Moore 01:30:47.199 --> 01:30:52.119 Street what studies have been done or what's the proposed 01:30:52.119 --> 01:30:54.840 better question has 01:30:54.840 --> 01:30:59.000 the access been vetted for fire for fire entrance to the 01:30:59.000 --> 01:31:00.319 property exit with 01:31:00.319 --> 01:31:04.239 whatever those specifications are in order for it to be 01:31:04.239 --> 01:31:05.239 changed from 01:31:05.239 --> 01:31:14.720 residential to EC1 it would need to be able to be accessed 01:31:14.720 --> 01:31:16.560 by a fire and so I'm 01:31:16.560 --> 01:31:22.189 just curious if that's been vetted or researched no it hasn 01:31:22.189 --> 01:31:23.279 't been that's 01:31:23.279 --> 01:31:25.909 we're looking at that as being part of the elements of the 01:31:25.909 --> 01:31:26.840 site plan process 01:31:26.840 --> 01:31:30.149 and so as soon as if the zoning is approved then we will 01:31:30.149 --> 01:31:31.199 start addressing 01:31:31.199 --> 01:31:35.060 those issues with our engineer and architect and the city 01:31:35.060 --> 01:31:36.000 of Denton to be 01:31:36.000 --> 01:31:39.319 sure we meet all the fire fire code requirements ingress 01:31:39.319 --> 01:31:39.880 and egress 01:31:39.880 --> 01:31:44.130 requirements traffic requirements drainage requirements and 01:31:44.130 --> 01:31:46.760 so forth so to 01:31:46.760 --> 01:31:53.630 follow up if I may do you have some level of assurance that 01:31:53.630 --> 01:31:54.840 that is able to 01:31:54.840 --> 01:32:01.350 be achieved if it's zoned if it's rezoned have you have you 01:32:01.350 --> 01:32:01.840 vetted it at 01:32:01.840 --> 01:32:05.699 all to see if that's even an option the way it's currently 01:32:05.699 --> 01:32:07.840 laid out for it to be 01:32:07.840 --> 01:32:11.909 structured such that it fits those requirements or meets 01:32:11.909 --> 01:32:12.359 those 01:32:12.359 --> 01:32:15.899 requirements yes we've had some initial conversations with 01:32:15.899 --> 01:32:16.720 our consultants 01:32:16.720 --> 01:32:20.229 and their conversations with the city of Denton we feel 01:32:20.229 --> 01:32:21.760 pretty comfortable that we 01:32:21.760 --> 01:32:26.760 can fill a usable facility on that on that property and and 01:32:26.760 --> 01:32:27.319 be a good 01:32:27.319 --> 01:32:32.520 neighborhood neighbor to the to the neighborhood around us 01:32:32.520 --> 01:32:36.680 thank you please 01:32:36.680 --> 01:32:45.000 approach the Kelly Morgan Nelson Morgan architects thank 01:32:45.000 --> 01:32:46.560 you at this 01:32:46.560 --> 01:32:50.420 stage we've just kind of going through some preliminary 01:32:50.420 --> 01:32:51.800 studies of that with 01:32:51.800 --> 01:32:54.600 this just being zoning we haven't gone into a detailed 01:32:54.600 --> 01:32:55.680 study those will be 01:32:55.680 --> 01:32:59.539 addressed during the building permit phase but there's no 01:32:59.539 --> 01:33:00.359 problem with 01:33:00.359 --> 01:33:04.340 meeting all the requirements of the fire we look at that on 01:33:04.340 --> 01:33:05.560 a daily basis and 01:33:05.560 --> 01:33:09.239 this site being accessed from or should have no problem 01:33:09.239 --> 01:33:10.800 meeting those right and 01:33:10.800 --> 01:33:16.430 if I may and so thank you chair so you just so you 01:33:16.430 --> 01:33:20.560 understand my concern it's 01:33:20.560 --> 01:33:23.670 it's almost before we put the cart before the horse I want 01:33:23.670 --> 01:33:24.960 to make sure you 01:33:24.960 --> 01:33:28.470 know there's been some that it not saying detail vetting 01:33:28.470 --> 01:33:29.479 but vetting all 01:33:29.479 --> 01:33:32.470 the same that that we don't get to a point to where we're 01:33:32.470 --> 01:33:33.720 we're backed into a 01:33:33.720 --> 01:33:38.869 corner if you will so that's I was thank you yes that's 01:33:38.869 --> 01:33:40.760 correct any other 01:33:40.760 --> 01:33:47.239 questions for the applicant thank you sir 01:33:47.600 --> 01:33:50.439 in our rules of procedure you can have one other speaker 01:33:50.439 --> 01:33:51.600 for the applicant 01:33:51.600 --> 01:33:54.439 representative if there's someone else that would like to 01:33:54.439 --> 01:33:55.520 present on behalf of 01:33:55.520 --> 01:34:03.100 the applicant good evening I'm Sherry McDade at 1225 Wilson 01:34:03.100 --> 01:34:04.319 Street here in 01:34:04.319 --> 01:34:07.720 Denton I am the CEO for the Housing Authority and we own 01:34:07.720 --> 01:34:08.960 the land I just 01:34:08.960 --> 01:34:12.609 want to let the Commission know that the Housing Authority 01:34:12.609 --> 01:34:13.800 is really excited 01:34:13.800 --> 01:34:17.380 about this partnership with United Way we have a office 01:34:17.380 --> 01:34:18.720 building but it's a 01:34:18.720 --> 01:34:22.029 little bit too small and we would like to better serve the 01:34:22.029 --> 01:34:23.119 clients that we have 01:34:23.119 --> 01:34:25.659 now and we just don't have enough space and so we're 01:34:25.659 --> 01:34:27.159 partnering with United Way 01:34:27.159 --> 01:34:30.899 to have some space in that building to be able to have 01:34:30.899 --> 01:34:32.479 meetings to provide 01:34:32.479 --> 01:34:36.399 services for our clients I think that the building and 01:34:36.399 --> 01:34:37.560 United Way themselves 01:34:37.560 --> 01:34:39.699 will be a great addition to the community in the 01:34:39.699 --> 01:34:40.600 neighborhood and 01:34:40.600 --> 01:34:43.810 bringing in the services that they offer for the community 01:34:43.810 --> 01:34:46.079 thank you thank you if 01:34:46.079 --> 01:34:50.539 you will please fill out a card for us as well appreciate 01:34:50.539 --> 01:34:52.720 that at this time I 01:34:52.720 --> 01:34:57.270 will call on excuse me I'm sorry I apologize commissioner D 01:34:57.270 --> 01:34:57.840 utta was just 01:34:57.840 --> 01:35:00.409 for clarification will we have the opportunity to readdress 01:35:00.409 --> 01:35:01.079 or ask questions 01:35:01.079 --> 01:35:07.199 of the applicant after this point I believe we can ask them 01:35:07.199 --> 01:35:07.279 to approach 01:35:07.279 --> 01:35:15.039 again yes thank you thank you for the clarification at this 01:35:15.039 --> 01:35:15.520 time I'm going to 01:35:15.520 --> 01:35:19.119 call on Ross Culberson to come and make the staff 01:35:19.119 --> 01:35:21.279 presentation for us please 01:35:23.359 --> 01:35:28.989 thank you chair the slide before you indicates the details 01:35:28.989 --> 01:35:30.439 and staffs 01:35:30.439 --> 01:35:34.000 analysis and presentation of this project to you the 01:35:34.000 --> 01:35:35.359 request is for an NR 01:35:35.359 --> 01:35:41.729 from rezoning from an NR4 to ECI in employment commercial 01:35:41.729 --> 01:35:43.439 industrial the 01:35:43.439 --> 01:35:46.680 applicant owner as indicated with the United Way of Denton 01:35:46.680 --> 01:35:47.739 and Denton Housing 01:35:47.739 --> 01:35:53.970 Authority as current owner location as you have seen is off 01:35:53.970 --> 01:35:55.359 of Moore streets 01:35:55.359 --> 01:36:01.430 within the two two vacant properties they're shown staffs 01:36:01.430 --> 01:36:02.359 finding indicates 01:36:02.359 --> 01:36:05.880 that ECI would allow for the applicants use of office 01:36:05.880 --> 01:36:07.760 community services it's 01:36:07.760 --> 01:36:13.289 is in proximity to other community service uses around in 01:36:13.289 --> 01:36:15.479 the neighborhood 01:36:15.479 --> 01:36:20.729 particularly the Denton Housing Authority facility and the 01:36:20.729 --> 01:36:22.020 Martin Luther King 01:36:22.020 --> 01:36:26.369 jr. recreational facility that's in the area to service 01:36:26.369 --> 01:36:27.680 didn't community in this 01:36:27.680 --> 01:36:34.119 area staff finds that the request for the rezoning is 01:36:34.119 --> 01:36:34.960 consistent with the 01:36:34.960 --> 01:36:40.140 future land use map and any subject site design is 01:36:40.140 --> 01:36:41.960 indicated by the staff the 01:36:41.960 --> 01:36:45.270 applicant and the architect will be scrutinized at the 01:36:45.270 --> 01:36:46.319 building permit 01:36:46.319 --> 01:36:50.199 level for screening and appropriateness next to single- 01:36:50.199 --> 01:36:51.399 family so with that staff 01:36:51.399 --> 01:36:57.159 is recommending approval of this request to you any 01:36:57.159 --> 01:36:59.960 questions for staff I see none 01:36:59.960 --> 01:37:05.979 this time on board thank you Ross again this is a public 01:37:05.979 --> 01:37:07.199 hearing anyone who would 01:37:07.199 --> 01:37:10.100 like to speak on this item please come forward state your 01:37:10.100 --> 01:37:11.239 name and address and 01:37:11.239 --> 01:37:14.260 fill out a card at this time yes a public hearing anyone 01:37:14.260 --> 01:37:15.079 who'd like to 01:37:15.079 --> 01:37:18.479 speak on this item please come forward 01:37:25.800 --> 01:37:31.340 my name is Ronnie Hanson live at 1700 Morris Street we have 01:37:31.340 --> 01:37:32.800 two pieces of 01:37:32.800 --> 01:37:37.800 residential property that are facing Morris that our houses 01:37:37.800 --> 01:37:39.039 will be back up 01:37:39.039 --> 01:37:43.500 to this this project I bought the property approximately 01:37:43.500 --> 01:37:44.439 six seven years 01:37:44.439 --> 01:37:49.579 ago knowing that it was residential property behind me now 01:37:49.579 --> 01:37:50.720 it looks like 01:37:50.720 --> 01:37:54.479 they want to change it up and build a office building back 01:37:54.479 --> 01:37:55.520 here and let me 01:37:55.520 --> 01:37:59.680 explain I have no problem against progress and a United Way 01:37:59.680 --> 01:38:00.340 having a 01:38:00.340 --> 01:38:09.199 building to me I have a lot of unknowns there's a lot of 01:38:09.199 --> 01:38:10.319 unknown variables I 01:38:10.319 --> 01:38:13.869 don't know exactly what this property is going to be used 01:38:13.869 --> 01:38:15.760 for and I'm hard of 01:38:15.760 --> 01:38:19.069 hearing so if somebody has said something that that I'm 01:38:19.069 --> 01:38:19.840 asking and they've 01:38:19.840 --> 01:38:23.699 already answered question I apologize but I don't like the 01:38:23.699 --> 01:38:25.000 fact that they have 01:38:25.000 --> 01:38:28.060 the entrance on on Morris Street and it's going to slow 01:38:28.060 --> 01:38:29.439 down traffic we have 01:38:29.439 --> 01:38:32.520 an elementary school we have a recreation center down the 01:38:32.520 --> 01:38:33.119 street from 01:38:33.119 --> 01:38:36.449 there whenever school starts up at the first year I have 01:38:36.449 --> 01:38:37.800 cars lined up and down 01:38:37.800 --> 01:38:43.319 my street and and with access on to more Street I don't 01:38:43.319 --> 01:38:44.960 know how much employees 01:38:44.960 --> 01:38:47.779 are going to be there I don't know what benefits there as 01:38:47.779 --> 01:38:50.000 far as their auditorium 01:38:50.000 --> 01:38:52.289 and that they're going to have people there what the 01:38:52.289 --> 01:38:53.600 traffic's gonna bring I 01:38:53.600 --> 01:38:57.789 don't know if they're changing the zoning for this now what 01:38:57.789 --> 01:38:58.520 happens in the 01:38:58.520 --> 01:39:01.880 future they want to change the zoning and have homeless 01:39:01.880 --> 01:39:03.119 people living back 01:39:03.119 --> 01:39:06.430 there or they want to have a soup kitchen these are my 01:39:06.430 --> 01:39:07.960 concerns currently 01:39:07.960 --> 01:39:13.699 right now far as about six months ago I lost two trees in 01:39:13.699 --> 01:39:14.840 my backyard due to the 01:39:14.840 --> 01:39:18.319 runoff coming back there it softened up the dirt my trees 01:39:18.319 --> 01:39:18.880 fell over in the 01:39:18.880 --> 01:39:22.189 backyard they're going to have a parking lot is it going to 01:39:22.189 --> 01:39:22.640 make it's going to 01:39:22.640 --> 01:39:25.359 make matters worse when my backyard soaking wet all the 01:39:25.359 --> 01:39:26.399 time are they going 01:39:26.399 --> 01:39:28.539 to build a parking lot whether it's going to be parking 01:39:28.539 --> 01:39:29.760 lots shining in my 01:39:29.760 --> 01:39:34.489 backyard and and in my backyard there's just these all- 01:39:34.489 --> 01:39:36.640 known variables the last 01:39:36.640 --> 01:39:39.350 meeting I went to they said well you don't if they don't 01:39:39.350 --> 01:39:40.199 sell to us they're 01:39:40.199 --> 01:39:42.350 going to sell to somebody else and you don't know what you 01:39:42.350 --> 01:39:43.079 're going to have 01:39:43.079 --> 01:39:45.439 behind you I really don't know what I'm going to have 01:39:45.439 --> 01:39:47.520 behind me now because 01:39:47.520 --> 01:39:49.720 they've already changed they're changing this from 01:39:49.720 --> 01:39:51.800 residential to industrial they 01:39:51.800 --> 01:39:54.880 can change it to something else and quite frankly if 01:39:54.880 --> 01:39:56.079 somebody else would buy 01:39:56.079 --> 01:40:00.180 the property they'd most likely want to have my property to 01:40:00.180 --> 01:40:01.600 have access to Moore 01:40:01.600 --> 01:40:06.199 Street and so I just have a lot of unknown variables and 01:40:06.199 --> 01:40:08.079 until I get these 01:40:08.079 --> 01:40:11.829 answer these questions I'm not happy with it there's just 01:40:11.829 --> 01:40:12.640 there's too many 01:40:12.640 --> 01:40:17.909 blanks that I'm not familiar with thank you sir do you 01:40:17.909 --> 01:40:19.399 speak against this 01:40:19.399 --> 01:40:23.359 assignment I repose this we didn't get any response when 01:40:23.359 --> 01:40:24.279 the notices were sent 01:40:24.279 --> 01:40:26.920 there was no reply so just for our records so I'll make 01:40:26.920 --> 01:40:28.079 sure you're against 01:40:28.079 --> 01:40:31.430 and I need to find out which pieces of property you own if 01:40:31.430 --> 01:40:32.600 we can get staff to 01:40:32.600 --> 01:40:36.500 pull up our notification map and if you'll show us where 01:40:36.500 --> 01:40:37.600 your one or two 01:40:37.600 --> 01:40:40.670 properties are located specifically so we can take those 01:40:40.670 --> 01:40:43.079 into account 01:40:45.880 --> 01:40:55.760 yes on this one right there yeah just one property this one 01:40:55.760 --> 01:40:56.840 property yeah both 01:40:56.840 --> 01:41:00.850 those were they can you clarify were they two properties or 01:41:00.850 --> 01:41:02.760 one I own the one 01:41:02.760 --> 01:41:07.430 property and somebody else owns a property next door to me 01:41:07.430 --> 01:41:12.239 yes okay thank 01:41:12.239 --> 01:41:15.069 you for speaking and will you fill out a card for us please 01:41:15.069 --> 01:41:16.000 I think they have 01:41:16.000 --> 01:41:18.180 some on the table outside and then may have one over here 01:41:18.180 --> 01:41:18.920 at the end of the 01:41:18.920 --> 01:41:23.239 dice for us okay thank you thank you sir 01:41:30.039 --> 01:41:31.569 against a public hearing so is there anyone else that would 01:41:31.569 --> 01:41:33.840 like to speak on 01:41:33.840 --> 01:41:41.850 this item at this time seeing none I will close the public 01:41:41.850 --> 01:41:43.119 hearing 01:41:43.439 --> 01:41:52.279 Commissioner Taylor thank you chair so I think it's a I've 01:41:52.279 --> 01:41:53.800 heard a little bit 01:41:53.800 --> 01:41:56.220 about what the United Way of Denton County is planning on 01:41:56.220 --> 01:41:57.079 doing at this site 01:41:57.079 --> 01:42:00.390 and I think it's a really good location and I want to just 01:42:00.390 --> 01:42:01.680 thank you for all the 01:42:01.680 --> 01:42:05.260 service you provide to the county and I also appreciate 01:42:05.260 --> 01:42:06.359 that it's a partnership 01:42:06.359 --> 01:42:11.899 with the Denton affordable housing coalition I do have some 01:42:11.899 --> 01:42:14.279 some concerns 01:42:14.279 --> 01:42:17.760 and questions regarding the potential intensity of this use 01:42:17.760 --> 01:42:19.279 this is 01:42:19.279 --> 01:42:22.960 employment center industrial it's a light industrial office 01:42:22.960 --> 01:42:23.560 and light 01:42:23.560 --> 01:42:28.670 industrial type use and it is what is along Woodrow but 01:42:28.670 --> 01:42:30.119 this makes a very 01:42:30.119 --> 01:42:33.430 stark transition across the back fence even with the veget 01:42:33.430 --> 01:42:34.479 ative barrier even 01:42:34.479 --> 01:42:37.420 with the row of trees and shrubs you're going to have you 01:42:37.420 --> 01:42:39.119 know a backyard of 01:42:39.119 --> 01:42:42.680 swimming pool playset that kind of thing and then across 01:42:42.680 --> 01:42:44.279 the way and allowed use 01:42:44.279 --> 01:42:48.390 will be heavy vehicle servicing light manufacturing even 01:42:48.390 --> 01:42:49.880 though those aren't 01:42:49.880 --> 01:42:54.539 your proposed uses this rezone would allow those uses and 01:42:54.539 --> 01:42:55.520 if anything were to 01:42:55.520 --> 01:43:00.880 happen in the future you know the if with you know whether 01:43:00.880 --> 01:43:01.680 it's 10 years or 01:43:01.680 --> 01:43:05.539 50 years from now do we'd have this collision of potential 01:43:05.539 --> 01:43:06.239 collision of uses 01:43:06.239 --> 01:43:11.300 and so I would like to find a way to allow the office space 01:43:11.300 --> 01:43:12.720 and community 01:43:12.720 --> 01:43:17.649 services that you're proposing without putting potentially 01:43:17.649 --> 01:43:18.560 light industrial 01:43:18.560 --> 01:43:23.159 across the back fence from a neighborhood and and I'm 01:43:23.159 --> 01:43:24.159 looking through 01:43:24.159 --> 01:43:28.569 the allowed uses and I see even in it so in order to 01:43:28.569 --> 01:43:30.640 prevent what might be 01:43:30.640 --> 01:43:34.779 referred to as spot zoning we don't want to introduce a new 01:43:34.779 --> 01:43:36.239 zoning category in 01:43:36.239 --> 01:43:39.890 the area so we have neighborhood residential and then kind 01:43:39.890 --> 01:43:40.159 of this 01:43:40.159 --> 01:43:43.920 employment center but those those both are families of 01:43:43.920 --> 01:43:46.319 zoning and just looking 01:43:46.319 --> 01:43:51.210 at the just looking at the allowed uses it appears that 01:43:51.210 --> 01:43:52.680 office space and 01:43:52.680 --> 01:43:56.350 community service are both allowed in like an NRM you which 01:43:56.350 --> 01:43:56.960 is a neighborhood 01:43:56.960 --> 01:44:01.729 residential mixed use while very few of the potentially nox 01:44:01.729 --> 01:44:02.720 ious industrial 01:44:02.720 --> 01:44:06.800 printing manufacturing so forth uses are allowed in like an 01:44:06.800 --> 01:44:10.359 NRM you category so 01:44:10.359 --> 01:44:13.859 either if and I think this will take a little research but 01:44:13.859 --> 01:44:14.960 I would propose that 01:44:14.960 --> 01:44:21.859 we look at either NRM you or perhaps if that doesn't work 01:44:21.859 --> 01:44:24.359 ecc or another kind of 01:44:24.359 --> 01:44:28.039 intermediate use that isn't as industrial as the uses along 01:44:28.039 --> 01:44:29.840 Woodrow and 01:44:29.840 --> 01:44:35.720 I I believe this would require us to table this and do that 01:44:35.720 --> 01:44:37.159 research and 01:44:37.159 --> 01:44:40.180 hopefully within maybe two or four weeks come back I don't 01:44:40.180 --> 01:44:40.920 know what the 01:44:40.920 --> 01:44:45.850 timeframe the fastest timeframe that could this could be 01:44:45.850 --> 01:44:48.880 done I have to give 01:44:48.880 --> 01:45:00.960 an opinion on that if the applicant is comfortable with the 01:45:00.960 --> 01:45:01.640 discussion that the 01:45:01.640 --> 01:45:03.319 planning and zoning commissioner commissioner teller that 01:45:03.319 --> 01:45:03.880 you're having 01:45:03.880 --> 01:45:06.359 with them then they would have to come back with a revised 01:45:06.359 --> 01:45:07.359 application or a new 01:45:07.359 --> 01:45:12.220 application requesting an alternative zoning district to 01:45:12.220 --> 01:45:14.479 accommodate their 01:45:14.479 --> 01:45:19.880 use or uses but that in this case that could be as simple 01:45:19.880 --> 01:45:21.039 as you know 01:45:21.039 --> 01:45:24.899 verifying that NRM you is appropriate or ecc or one of 01:45:24.899 --> 01:45:26.359 those other uses is 01:45:26.359 --> 01:45:30.000 appropriate correct that's correct we would we did evaluate 01:45:30.000 --> 01:45:31.239 the just to 01:45:31.239 --> 01:45:35.960 iterate we did evaluate the ecc component however the 01:45:35.960 --> 01:45:37.000 recommendation 01:45:37.000 --> 01:45:40.239 that staff has that is favorable to recommend favorably for 01:45:40.239 --> 01:45:40.760 changing zoning 01:45:40.760 --> 01:45:44.710 to ECI was primarily because of the existing land existing 01:45:44.710 --> 01:45:45.479 zoning pattern 01:45:45.479 --> 01:45:48.100 that is to the north to the east and to the south of the 01:45:48.100 --> 01:45:49.199 property so it was a 01:45:49.199 --> 01:45:52.079 comprehensive zoning designation that we intended to do we 01:45:52.079 --> 01:45:53.119 also looked at the 01:45:53.119 --> 01:45:55.850 parameters set before us in the Denton Development Code as 01:45:55.850 --> 01:45:56.520 it relates to 01:45:56.520 --> 01:46:00.270 setbacks landscape buffer requirements and existing top 01:46:00.270 --> 01:46:01.520 ography on the site and 01:46:01.520 --> 01:46:04.729 that is why we thought we thought that this would indeed be 01:46:04.729 --> 01:46:05.800 a favorable zoning 01:46:05.800 --> 01:46:11.329 case a favorable zoning category excuse me because through 01:46:11.329 --> 01:46:12.439 revitalization or 01:46:12.439 --> 01:46:15.750 redevelopment because such a large area is already zoned EC 01:46:15.750 --> 01:46:16.800 I that this would be 01:46:16.800 --> 01:46:21.039 a logical one extension of the existing ECI and secondly it 01:46:21.039 --> 01:46:22.159 would be more 01:46:22.159 --> 01:46:25.909 comprehensively developed should redevelopment occur that 01:46:25.909 --> 01:46:27.119 was the intent 01:46:27.119 --> 01:46:30.270 of that was the staff analysis associated with this however 01:46:30.270 --> 01:46:30.920 we would be 01:46:30.920 --> 01:46:36.449 more than happy to review other zoning categories to see 01:46:36.449 --> 01:46:38.479 the or to analyze the 01:46:38.479 --> 01:46:44.439 appropriateness of other districts and associated land uses 01:46:44.439 --> 01:46:46.239 excuse me I didn't 01:46:46.239 --> 01:46:49.989 have my microphone on if the question is looking to do that 01:46:49.989 --> 01:46:52.000 as a whole then the 01:46:52.000 --> 01:46:54.350 next available time for it to come forward to you would be 01:46:54.350 --> 01:46:55.039 April 13th 01:46:55.039 --> 01:46:58.359 because we have some gaps in our schedule and we have to 01:46:58.359 --> 01:46:59.239 have time for 01:46:59.239 --> 01:47:04.579 the publishing of a new notice to incorporate the new 01:47:04.579 --> 01:47:06.359 zoning category 01:47:09.840 --> 01:47:13.050 Commissioner brutal thank you chair a couple of things 01:47:13.050 --> 01:47:15.359 piggybacking off of 01:47:15.359 --> 01:47:18.789 Commissioner Taylor's is it possible for us to rezone this 01:47:18.789 --> 01:47:19.960 as ECI but also have a 01:47:19.960 --> 01:47:26.510 condition or an overlay such that whatever is built on this 01:47:26.510 --> 01:47:27.880 property is 01:47:27.880 --> 01:47:32.800 more of an office park and less industrial or have an 01:47:32.800 --> 01:47:34.319 overlay so that 01:47:34.319 --> 01:47:39.060 if ownership should change hands at a later date from 01:47:39.060 --> 01:47:41.079 United Way to someone 01:47:41.079 --> 01:47:43.159 else you all move locations because you're doing so many 01:47:43.159 --> 01:47:43.840 great things you 01:47:43.840 --> 01:47:47.659 have to expand even more right that there's some sort of 01:47:47.659 --> 01:47:48.760 overlay that then 01:47:48.760 --> 01:47:51.770 this zoning would maybe revert back or something is there 01:47:51.770 --> 01:47:53.159 is another was how how 01:47:53.159 --> 01:47:56.470 can we meet the needs of the United Way and also protect 01:47:56.470 --> 01:47:57.840 the neighborhood from 01:47:57.840 --> 01:48:01.800 any few decades down the road any sort of conflict between 01:48:01.800 --> 01:48:03.640 what is an NR for an 01:48:03.640 --> 01:48:08.609 ECI so I'll call on staff to get an opinion on that yeah 01:48:08.609 --> 01:48:10.079 you may be able to 01:48:10.079 --> 01:48:13.390 use a residential protection overlay which is consistent 01:48:13.390 --> 01:48:14.199 with what you're 01:48:14.199 --> 01:48:16.699 looking to do which is protected decent property uses that 01:48:16.699 --> 01:48:18.199 are residential when 01:48:18.199 --> 01:48:22.060 you have a commercial property or parcel come in you would 01:48:22.060 --> 01:48:23.000 have to notice that 01:48:23.000 --> 01:48:25.449 individually you can do it in conjunction with the change 01:48:25.449 --> 01:48:25.760 in the 01:48:25.760 --> 01:48:28.779 underlying zoning but it would still have to be tabled for 01:48:28.779 --> 01:48:29.680 a future time so 01:48:29.680 --> 01:48:33.300 that we can notice it properly would we be able to get that 01:48:33.300 --> 01:48:34.479 to come back to us 01:48:34.479 --> 01:48:38.090 so quickly I mean with the staff hours can we can we turn 01:48:38.090 --> 01:48:39.239 it over that quickly 01:48:39.239 --> 01:48:44.319 and see it again in just another month I don't want to 01:48:44.319 --> 01:48:45.920 delay this forever no we 01:48:45.920 --> 01:48:48.479 absolutely understand this sensitivity sensitivity 01:48:48.479 --> 01:48:49.760 associated with the project 01:48:49.760 --> 01:48:52.039 that United Way is pushing through they have their own 01:48:52.039 --> 01:48:53.239 milestones that they have 01:48:53.239 --> 01:48:55.220 to meet as well in terms of their timelines on their 01:48:55.220 --> 01:48:56.000 project plan so we 01:48:56.000 --> 01:48:59.550 complete we're very cognizant of that however we do have 01:48:59.550 --> 01:49:00.319 statutory 01:49:00.319 --> 01:49:02.770 requirements as it relates to notification processes and 01:49:02.770 --> 01:49:03.520 procedures so 01:49:03.520 --> 01:49:07.140 we have to meet certain timelines at this point we also 01:49:07.140 --> 01:49:08.520 have to address are 01:49:08.520 --> 01:49:10.939 we looking at a different zoning category so we would have 01:49:10.939 --> 01:49:11.600 to understand 01:49:11.600 --> 01:49:14.159 what the wish of the Commission is based on that we would 01:49:14.159 --> 01:49:15.520 then reanalyze 01:49:15.520 --> 01:49:22.380 other zoning districts to assess the applicability or cohes 01:49:22.380 --> 01:49:23.359 iveness 01:49:23.359 --> 01:49:26.670 associated so it's it is a difficult one when you talk 01:49:26.670 --> 01:49:28.279 about changing the zoning 01:49:28.279 --> 01:49:30.560 so then I guess I would be more and pardon me for 01:49:30.560 --> 01:49:31.960 interrupting but I guess I 01:49:31.960 --> 01:49:36.050 would be more in favor of whatever could get us to that end 01:49:36.050 --> 01:49:37.119 goal more quickly 01:49:37.119 --> 01:49:40.430 what if it's if it's considering a different zoning 01:49:40.430 --> 01:49:41.840 classification that can 01:49:41.840 --> 01:49:45.199 get us back in mid-April then let's do that if it's a 01:49:45.199 --> 01:49:46.640 simple re-noticing within 01:49:46.640 --> 01:49:49.189 the possibility of an overlay a residential overlay as you 01:49:49.189 --> 01:49:50.199 stated then I 01:49:50.199 --> 01:49:52.649 would be more in favor of that because I want this to 01:49:52.649 --> 01:49:53.920 happen but I also want to 01:49:53.920 --> 01:49:58.130 protect the neighborhood so and then I have another 01:49:58.130 --> 01:49:59.399 question after you guys 01:49:59.399 --> 01:50:02.920 kind of hash that out so we will we will revisit the dates 01:50:02.920 --> 01:50:03.800 as it relates to 01:50:03.800 --> 01:50:07.039 notification and we will also have to have a very quick 01:50:07.039 --> 01:50:08.000 meeting with United 01:50:08.000 --> 01:50:11.319 Way to get their feedback as well because I'm sure they 01:50:11.319 --> 01:50:13.199 have specific or 01:50:13.199 --> 01:50:16.119 intended future uses of the property expansion programs but 01:50:16.119 --> 01:50:16.680 it would be 01:50:16.680 --> 01:50:20.720 specific to their auditorium and their office uses and 01:50:20.720 --> 01:50:22.680 their needs regardless 01:50:22.680 --> 01:50:25.460 whether we look at a separate category of an overlay or an 01:50:25.460 --> 01:50:26.399 overlay district we 01:50:26.399 --> 01:50:28.659 would still have to meet those notification requirements so 01:50:28.659 --> 01:50:28.920 we are 01:50:28.920 --> 01:50:34.710 minimum talking I would say a 30-day setback at the least 01:50:34.710 --> 01:50:36.039 at this point 01:50:36.560 --> 01:50:41.000 another question then I guess for the applicant there there 01:50:41.000 --> 01:50:43.039 were no official 01:50:43.039 --> 01:50:45.869 notifications that came back to us either for or against 01:50:45.869 --> 01:50:46.920 this this proposed 01:50:46.920 --> 01:50:49.199 rezone but I understand that you all had a community 01:50:49.199 --> 01:50:50.439 meeting and I was wondering 01:50:50.439 --> 01:50:52.920 if someone could maybe kind of give me a synopsis on that I 01:50:52.920 --> 01:50:54.039 know we had some 01:50:54.039 --> 01:50:55.939 backup materials about that as well but if you could just 01:50:55.939 --> 01:50:56.439 kind of walk me 01:50:56.439 --> 01:50:59.060 through like well how you know how did that go what do the 01:50:59.060 --> 01:50:59.880 people think where 01:50:59.880 --> 01:51:03.189 you know what's the neighborhood think of this yes I think 01:51:03.189 --> 01:51:04.439 in your your packet 01:51:04.439 --> 01:51:07.640 there were I think a couple of signed up sheets and one 01:51:07.640 --> 01:51:08.840 notification we held two 01:51:08.840 --> 01:51:11.800 public meetings in the month of January one we held at the 01:51:11.800 --> 01:51:12.920 Martin Luther King 01:51:12.920 --> 01:51:17.270 Recreation Center and the invite list was basically we used 01:51:17.270 --> 01:51:18.920 the the the buffer 01:51:18.920 --> 01:51:22.449 the buffer description where you had the the the 200 and 01:51:22.449 --> 01:51:24.319 500 foot buffer zone and 01:51:24.319 --> 01:51:27.529 we use that kind of it as an invitational list to be sure 01:51:27.529 --> 01:51:28.159 we we tried 01:51:28.159 --> 01:51:30.609 to invite as many people in that particular area that could 01:51:30.609 --> 01:51:31.159 be affected 01:51:31.159 --> 01:51:34.140 one way or the other by by what we were proposing to do and 01:51:34.140 --> 01:51:35.000 we just at both 01:51:35.000 --> 01:51:37.760 meetings we just outlined what we were going to do and what 01:51:37.760 --> 01:51:38.760 we're planning to 01:51:38.760 --> 01:51:42.079 do and what we were how we were working with the Denton 01:51:42.079 --> 01:51:43.520 Housing Authority to 01:51:43.520 --> 01:51:47.520 make that work and then we also went to the Sedna 01:51:47.520 --> 01:51:49.039 neighborhood meeting for the 01:51:49.039 --> 01:51:53.199 month of January and made the same presentation and just 01:51:53.199 --> 01:51:53.800 addressed any 01:51:53.800 --> 01:51:57.319 questions questions from that group that night and I was at 01:51:57.319 --> 01:51:58.880 both meetings and 01:51:58.880 --> 01:52:03.319 they went well I think they were we had plenty of good 01:52:03.319 --> 01:52:06.000 questions that were that 01:52:06.000 --> 01:52:08.350 were I think addressed and addressed everyone's 01:52:08.350 --> 01:52:09.840 satisfaction the best we 01:52:09.840 --> 01:52:13.149 possibly could knowing what we knew at that that particular 01:52:13.149 --> 01:52:14.560 time subject to 01:52:14.560 --> 01:52:16.880 going through the process of zoning and things like that 01:52:16.880 --> 01:52:17.640 and you feel it was a 01:52:17.640 --> 01:52:19.609 pretty good turnout I mean the weather was decent and it 01:52:19.609 --> 01:52:20.279 was you know whether 01:52:20.279 --> 01:52:24.680 was extremely good and and I would say yeah in the 01:52:24.680 --> 01:52:25.600 neighborhood meetings that 01:52:25.600 --> 01:52:28.090 I've been in I've attended I think that it was a good it 01:52:28.090 --> 01:52:29.079 was they were well 01:52:29.079 --> 01:52:31.840 attended okay we always wish there were more people 01:52:31.840 --> 01:52:33.279 attending always as you all 01:52:33.279 --> 01:52:38.909 do too but but we get what we we have coming out to to make 01:52:38.909 --> 01:52:40.560 those and since 01:52:40.560 --> 01:52:42.619 those community meetings have you had anyone you know 01:52:42.619 --> 01:52:43.199 neighbors talk to 01:52:43.199 --> 01:52:45.100 neighbors and oh did you know United Waste doing this has 01:52:45.100 --> 01:52:45.880 anyone contacted you 01:52:45.880 --> 01:52:49.399 with further questions or concerns about this to my 01:52:49.399 --> 01:52:51.520 knowledge we haven't okay 01:52:51.520 --> 01:52:55.899 because I'm pretty sure that the CEO would have you know 01:52:55.899 --> 01:52:57.840 contacted us and try 01:52:57.840 --> 01:53:01.760 to address them thank you 01:53:01.920 --> 01:53:05.840 yeah I have excuse me mr. chair may I have one I have one 01:53:05.840 --> 01:53:07.119 question about the 01:53:07.119 --> 01:53:10.770 proposed change in a zoning district the the proposed 01:53:10.770 --> 01:53:12.479 zoning district the ECI 01:53:12.479 --> 01:53:16.229 proposed zoning district is consistent with the land use 01:53:16.229 --> 01:53:18.479 plan if we go to a 01:53:18.479 --> 01:53:22.159 different zoning district that is not consistent with the 01:53:22.159 --> 01:53:23.319 land use plan what 01:53:23.319 --> 01:53:27.199 happens to us we're not planning to do this but what 01:53:27.199 --> 01:53:28.640 happens to us if we would 01:53:28.640 --> 01:53:33.060 if that property would sell or or the uses would change and 01:53:33.060 --> 01:53:34.479 we would know all 01:53:34.479 --> 01:53:38.369 of a sudden be not consistent with your land use plan how 01:53:38.369 --> 01:53:40.479 do we we would be we 01:53:40.479 --> 01:53:44.729 would have an issue then as the owner if you choose if if 01:53:44.729 --> 01:53:46.119 indeed we did follow 01:53:46.119 --> 01:53:48.609 the path of changing the zoning district to another 01:53:48.609 --> 01:53:49.840 category other than the 01:53:49.840 --> 01:53:54.880 proposed ACI and if an alternative zoning district was 01:53:54.880 --> 01:53:55.520 approved on the 01:53:55.520 --> 01:53:59.520 site then the land use is permitted permitted uses within 01:53:59.520 --> 01:54:00.600 that category 01:54:00.600 --> 01:54:03.300 would be applicable to that specific site or to this 01:54:03.300 --> 01:54:04.920 subject property it 01:54:04.920 --> 01:54:10.100 would not create a nonconformity in terms of uses it would 01:54:10.100 --> 01:54:12.880 create and I want 01:54:12.880 --> 01:54:15.579 to use this term loosely now the nonconformity as it 01:54:15.579 --> 01:54:16.239 relates to 01:54:16.239 --> 01:54:23.930 compliance with the comprehensive plan. Commissioner Hatchb 01:54:23.930 --> 01:54:26.000 eth. Thank You Chair 01:54:26.000 --> 01:54:36.199 yeah so all great points I would like to see where we fall 01:54:36.199 --> 01:54:38.079 where those I looked 01:54:38.079 --> 01:54:43.489 at the the categories I think it's a fit again but I I'm 01:54:43.489 --> 01:54:45.720 curious that the one that 01:54:45.720 --> 01:54:49.520 Devon proposed I think it's a good fit I have some other 01:54:49.520 --> 01:54:53.039 questions but I can 01:54:53.039 --> 01:54:58.470 email email those directly to the applicant applicant to 01:54:58.470 --> 01:54:59.439 try to get some 01:54:59.439 --> 01:55:01.739 of those stuff because it's down the road some of those 01:55:01.739 --> 01:55:03.399 things but also I 01:55:03.399 --> 01:55:16.159 was curious about mr. is it Hanson is that right yes sure 01:55:16.159 --> 01:55:16.760 is he okay 01:55:16.760 --> 01:55:18.930 Matt asked you another question if you could would you mind 01:55:18.930 --> 01:55:19.760 please coming back 01:55:19.760 --> 01:55:22.880 to the podium please 01:55:26.560 --> 01:55:33.529 yes sir so understanding your overall position you are amen 01:55:33.529 --> 01:55:38.159 able to better said 01:55:38.159 --> 01:55:42.840 your concerns if those are those are satisfied you're okay 01:55:42.840 --> 01:55:44.560 with the property 01:55:44.560 --> 01:55:51.329 I mean the the proposing what's proposed oh overall it's 01:55:51.329 --> 01:55:52.560 just there's you have a 01:55:52.560 --> 01:55:56.640 couple of concerns is that am I framing that right yes and 01:55:56.640 --> 01:55:58.199 no I mean I think 01:55:58.199 --> 01:56:02.250 everyone of you guys had a five acres behind your house and 01:56:02.250 --> 01:56:03.680 all of a sudden that 01:56:03.680 --> 01:56:06.260 was on for residential and they're going to change it to 01:56:06.260 --> 01:56:07.039 what they're going to 01:56:07.039 --> 01:56:09.869 wind up changing into I don't think you guys would be too 01:56:09.869 --> 01:56:11.640 happy either I don't 01:56:11.640 --> 01:56:15.989 see why just this small part of property is sticking into 01:56:15.989 --> 01:56:17.640 to commercial or 01:56:17.640 --> 01:56:21.560 industrial and I mean as you can tell it's it's encroaching 01:56:21.560 --> 01:56:22.880 is crouching right 01:56:22.880 --> 01:56:26.470 now currently in the side street next to there probably 01:56:26.470 --> 01:56:28.159 half the houses are rental 01:56:28.159 --> 01:56:31.050 properties and now once this goes up the people that are 01:56:31.050 --> 01:56:32.159 trying to sell their 01:56:32.159 --> 01:56:34.819 house and they've got this warehouse in the back they may 01:56:34.819 --> 01:56:35.920 not get the money that 01:56:35.920 --> 01:56:38.489 they want to and they have to turn it in rental property 01:56:38.489 --> 01:56:39.560 and that's what I may 01:56:39.560 --> 01:56:43.319 have to wind up doing because I'm not quite sure if I'll be 01:56:43.319 --> 01:56:44.319 able to sell my 01:56:44.319 --> 01:56:49.430 house when there's got a big office complex behind me so I 01:56:49.430 --> 01:56:51.039 like I say I know 01:56:51.039 --> 01:56:54.800 United Way I know it's a good deal it's great that if you 01:56:54.800 --> 01:56:55.359 can get a lot of 01:56:55.359 --> 01:56:58.560 nonprofit organizations together it would streamline things 01:56:58.560 --> 01:56:59.159 and make things 01:56:59.159 --> 01:57:02.579 better it's just I don't like it that is it's into an 01:57:02.579 --> 01:57:03.680 industrial thing it was 01:57:03.680 --> 01:57:08.250 facing Woodrow I would be entirely okay with it but with it 01:57:08.250 --> 01:57:09.119 coming out onto 01:57:09.119 --> 01:57:12.060 Moore Street right there from me with the school school and 01:57:12.060 --> 01:57:12.920 the recreation 01:57:12.920 --> 01:57:17.689 center and the traffic and all the unknown variables like I 01:57:17.689 --> 01:57:19.479 say they're 01:57:19.479 --> 01:57:22.159 changing it from residential to industrial what did they 01:57:22.159 --> 01:57:22.880 change it from 01:57:22.880 --> 01:57:26.229 something else after that and and now me and my next-door 01:57:26.229 --> 01:57:27.600 neighbor have a small 01:57:27.600 --> 01:57:30.909 piece of property it goes industrial goes commercial nobody 01:57:30.909 --> 01:57:31.560 wants to buy a 01:57:31.560 --> 01:57:35.010 tiny little piece of commercial property and I'm stuck you 01:57:35.010 --> 01:57:36.119 know I'm stuck with the 01:57:36.119 --> 01:57:38.479 house that I can't sell and then I have to turn in rental 01:57:38.479 --> 01:57:39.560 property and then all 01:57:39.560 --> 01:57:42.170 the other houses turn in right rental property and then the 01:57:42.170 --> 01:57:42.760 value of the 01:57:42.760 --> 01:57:47.420 property goes down so okay all right thank you thank you 01:57:47.420 --> 01:57:48.560 thank you 01:57:48.560 --> 01:57:55.520 Commissioner Rizzo thank you chair excuse me I'm for this 01:57:55.520 --> 01:57:56.439 project I would 01:57:56.439 --> 01:57:59.760 like to see it happen and talking about the protection of 01:57:59.760 --> 01:58:00.920 the neighborhood to 01:58:00.920 --> 01:58:05.359 the West I think is important and valuable from what was 01:58:05.359 --> 01:58:06.760 brought up so far 01:58:06.760 --> 01:58:11.109 that I have some questions and looking at the the uses for 01:58:11.109 --> 01:58:12.399 an MR in our MU an 01:58:12.399 --> 01:58:15.149 office building under 25,000 square feet seems to be 01:58:15.149 --> 01:58:17.239 aligned with that but as 01:58:17.239 --> 01:58:19.449 Commissioner Taylor pointed out I think we get into spot 01:58:19.449 --> 01:58:20.680 zoning to that point in 01:58:20.680 --> 01:58:25.819 it and in what a mustard colored and blue map here we're 01:58:25.819 --> 01:58:26.680 gonna put in red 01:58:26.680 --> 01:58:31.510 right in the middle so I'm not necessarily in favor of that 01:58:31.510 --> 01:58:32.159 but legal 01:58:32.159 --> 01:58:34.750 said something about a resident protection overlay for 01:58:34.750 --> 01:58:36.199 commercial use is 01:58:36.199 --> 01:58:38.529 that for when you say commercial or you just for 01:58:38.529 --> 01:58:40.000 clarification are you referring 01:58:40.000 --> 01:58:43.600 to the use or the zoning for a resident protection overlay 01:58:43.600 --> 01:58:45.079 well that that would 01:58:45.079 --> 01:58:48.399 be the the provision that we would have to research further 01:58:48.399 --> 01:58:49.279 to make sure that 01:58:49.279 --> 01:58:52.659 this could apply to this property so we don't know if a 01:58:52.659 --> 01:58:54.159 resident protection 01:58:54.159 --> 01:58:58.239 overlay would even work if we approved an ECI zoning 01:58:58.239 --> 01:59:00.479 correct well what we would 01:59:00.479 --> 01:59:04.130 do would we would table this or continue it until a date 01:59:04.130 --> 01:59:05.159 certain which would be 01:59:05.159 --> 01:59:09.350 April the 13th and at the same time on that same agenda we 01:59:09.350 --> 01:59:10.279 would have the 01:59:10.279 --> 01:59:16.000 overlay considered as well without we can actually put that 01:59:16.000 --> 01:59:17.600 that could be an 01:59:17.600 --> 01:59:21.199 option the overlay well that's what we need to research 01:59:21.199 --> 01:59:23.119 further generally the 01:59:23.119 --> 01:59:25.729 residential protection overlay is for the purpose of 01:59:25.729 --> 01:59:27.140 protecting those adjacent 01:59:27.140 --> 01:59:31.130 properties that are residential and I just am not sure if 01:59:31.130 --> 01:59:32.479 it applies at this 01:59:32.479 --> 01:59:35.789 time to ECI as the underlying zoning so we do need to do 01:59:35.789 --> 01:59:36.800 further research on 01:59:36.800 --> 01:59:41.579 that so that brings me to a thought that we could table 01:59:41.579 --> 01:59:42.600 this for a month and 01:59:42.600 --> 01:59:45.489 what I would be a proponent of potentially might not even 01:59:45.489 --> 01:59:46.159 be an option 01:59:46.159 --> 01:59:49.470 and now we're back to an NRMU which doesn't seem to be al 01:59:49.470 --> 01:59:50.319 igning with the 01:59:50.319 --> 01:59:54.989 land use or an ECI again or maybe an ECC but again an ECC 01:59:54.989 --> 01:59:56.439 would I don't know if 01:59:56.439 --> 01:59:59.960 it aligns with with our our future land use if we overlay 01:59:59.960 --> 02:00:01.199 that it clearly is 02:00:01.199 --> 02:00:07.640 employment center so I'm not I'm not sure about tabling 02:00:07.640 --> 02:00:08.239 this for another 02:00:08.239 --> 02:00:12.609 month if it's going to bring us back to this same the same 02:00:12.609 --> 02:00:14.479 position that that's 02:00:14.479 --> 02:00:16.979 more questions than answers I understand but that's some of 02:00:16.979 --> 02:00:17.920 my thoughts that I 02:00:17.920 --> 02:00:23.550 have right now Commissioner Taylor thank you chair I just 02:00:23.550 --> 02:00:24.359 wanted to address some 02:00:24.359 --> 02:00:30.260 of Commissioner Roselle's comments so since there's already 02:00:30.260 --> 02:00:30.960 a large area of 02:00:30.960 --> 02:00:34.800 existing EC category zoning and a large area of NR 02:00:34.800 --> 02:00:36.359 neighborhood residential 02:00:36.359 --> 02:00:40.850 category zoning those are the two families that we could we 02:00:40.850 --> 02:00:41.920 could use if 02:00:41.920 --> 02:00:48.000 we went to like a CMG or regional type zoning then you'd 02:00:48.000 --> 02:00:49.100 have you'd be 02:00:49.100 --> 02:00:52.579 introducing a whole new family of zoning but NRMU is is 02:00:52.579 --> 02:00:54.039 considered compatible 02:00:54.039 --> 02:00:57.250 part of the neighborhood residential zoning so to go to 02:00:57.250 --> 02:00:58.920 have this NRMU it 02:00:58.920 --> 02:01:02.500 wouldn't be like introducing a new zoning category it would 02:01:02.500 --> 02:01:03.359 be a slightly 02:01:03.359 --> 02:01:07.960 more intense subcategory of NR and a more perhaps I feel a 02:01:07.960 --> 02:01:08.680 more appropriate 02:01:08.680 --> 02:01:13.270 buffer between single-family homes and the more industrial 02:01:13.270 --> 02:01:17.479 use and so I the 02:01:17.479 --> 02:01:19.880 more I'm the more I'm looking at I just actually thought of 02:01:19.880 --> 02:01:21.199 this while well the 02:01:21.199 --> 02:01:23.699 public hearing was going on and the more I look at it I do 02:01:23.699 --> 02:01:26.680 feel like NRMU would 02:01:26.680 --> 02:01:29.579 be the most appropriate category because it would allow the 02:01:29.579 --> 02:01:30.439 office use up to 02:01:30.439 --> 02:01:33.199 25,000 square feet which is approximately twice as large as 02:01:33.199 --> 02:01:33.439 the 02:01:33.439 --> 02:01:37.369 current plan and community service you know and any ancill 02:01:37.369 --> 02:01:38.720 ary use to those two 02:01:38.720 --> 02:01:45.640 primary uses and in regarding the future land use map we 02:01:45.640 --> 02:01:46.800 intentionally have those 02:01:46.800 --> 02:01:50.659 gradient areas at borders because we know the borders are a 02:01:50.659 --> 02:01:51.880 little fuzzy and 02:01:51.880 --> 02:01:55.840 we need transitions especially when you go industrial or 02:01:55.840 --> 02:01:57.039 you know kind of an 02:01:57.039 --> 02:01:59.329 industrial use to residential use you want a little buffer 02:01:59.329 --> 02:02:00.279 in there somewhere 02:02:00.279 --> 02:02:04.869 so we might want to revisit the future land use map you 02:02:04.869 --> 02:02:06.680 know in the future to 02:02:06.680 --> 02:02:11.390 to move this over a hundred yards but I think it isn't like 02:02:11.390 --> 02:02:13.000 we're going into the 02:02:13.000 --> 02:02:16.310 middle of a future land use zone and sticking something 02:02:16.310 --> 02:02:17.239 completely different 02:02:17.239 --> 02:02:25.600 in it. I'm gonna make some comments as well I understand 02:02:25.600 --> 02:02:26.479 there's a lot of 02:02:26.479 --> 02:02:30.020 different opinions on this property and I think some of the 02:02:30.020 --> 02:02:31.319 questions that came 02:02:31.319 --> 02:02:34.560 up when a work session about accessibility off of Moore 02:02:34.560 --> 02:02:35.119 Street if it 02:02:35.119 --> 02:02:38.720 will work for fire and and utilities have been addressed in 02:02:38.720 --> 02:02:39.720 a very informal 02:02:39.720 --> 02:02:43.060 manner but knowing the individuals involved I feel very 02:02:43.060 --> 02:02:43.779 confident that those 02:02:43.779 --> 02:02:47.640 criteria can be met with this. I also feel like since there 02:02:47.640 --> 02:02:49.000 is already existing 02:02:49.000 --> 02:02:52.310 ECI and it already backs up to this neighborhood to the 02:02:52.310 --> 02:02:53.279 south and to the 02:02:53.279 --> 02:02:58.239 east that this is a very appropriate zoning I don't see 02:02:58.239 --> 02:02:59.520 some of their 02:02:59.520 --> 02:03:04.109 concerns the criteria with a an 11,000 square foot building 02:03:04.109 --> 02:03:05.960 on a five acre site 02:03:05.960 --> 02:03:11.279 that's going to be roughly 215,000 square feet where we're 02:03:11.279 --> 02:03:11.640 down at 02:03:11.640 --> 02:03:17.680 essentially 5% or certainly less than 10% of a building 02:03:17.680 --> 02:03:18.800 going on that large of a 02:03:18.800 --> 02:03:21.449 piece of property and I do know that we'll also have at 02:03:21.449 --> 02:03:22.359 least I believe a 02:03:22.359 --> 02:03:27.289 requirement of a 30-foot buffer against that neighborhood 02:03:27.289 --> 02:03:29.039 and so while I do 02:03:29.039 --> 02:03:33.079 appreciate all the other commissioners concerns I feel this 02:03:33.079 --> 02:03:34.319 is an appropriate 02:03:34.319 --> 02:03:36.970 zoning and I know that there's probably some time 02:03:36.970 --> 02:03:39.199 constraints that this 02:03:39.199 --> 02:03:43.420 organization is working under and I personally would like 02:03:43.420 --> 02:03:45.520 to see this this 02:03:45.520 --> 02:03:52.180 case move forward so those are gonna be my comments and I'm 02:03:52.180 --> 02:03:56.000 gonna call on staff. 02:03:56.000 --> 02:04:00.180 One avenue that perhaps might be available in order to 02:04:00.180 --> 02:04:01.880 ensure consistency 02:04:01.880 --> 02:04:04.949 with the comprehensive plan to show cohesiveness with the 02:04:04.949 --> 02:04:05.720 zoning districts 02:04:05.720 --> 02:04:09.970 is in fact to introduce an ADP which shows advanced 02:04:09.970 --> 02:04:12.199 screening mechanisms or 02:04:12.199 --> 02:04:18.149 advanced landscaping to protect physically protect the 02:04:18.149 --> 02:04:19.199 adjacent 02:04:19.199 --> 02:04:23.060 neighborhood so when I say that I speak to and I'm not 02:04:23.060 --> 02:04:24.199 tying any the applicant 02:04:24.199 --> 02:04:27.140 town to this but I'm speaking of potentially a masonry 02:04:27.140 --> 02:04:28.159 screen wall with 02:04:28.159 --> 02:04:32.840 specific tree plantings offset a few feet on center having 02:04:32.840 --> 02:04:33.840 that distance or 02:04:33.840 --> 02:04:37.149 that separation of the buildings enhancing the landscaping 02:04:37.149 --> 02:04:37.680 where the 02:04:37.680 --> 02:04:40.989 visibility corridor is a little stark these are just 02:04:40.989 --> 02:04:42.640 examples of using site 02:04:42.640 --> 02:04:47.090 design and tying that site design to an alternative 02:04:47.090 --> 02:04:49.359 development plan as it comes 02:04:49.359 --> 02:04:55.069 forward because staffs only concern we don't we don't whole 02:04:55.069 --> 02:04:56.319 heartedly disagree 02:04:56.319 --> 02:04:59.560 with with the Commission and we completely understand the 02:04:59.560 --> 02:05:00.000 concerns of 02:05:00.000 --> 02:05:03.199 the Commission as well as the surrounding property owners 02:05:03.199 --> 02:05:03.840 but if we can 02:05:03.840 --> 02:05:07.390 use an avenue that enables the longevity and expansion 02:05:07.390 --> 02:05:08.800 program for United Way 02:05:08.800 --> 02:05:11.420 because that is a huge possibility that's in front of us 02:05:11.420 --> 02:05:12.600 right now what we 02:05:12.600 --> 02:05:15.810 have is a built-out plan but there is an opportunity or 02:05:15.810 --> 02:05:16.720 potential for that to 02:05:16.720 --> 02:05:20.590 increase however if we can use the site design mechanism 02:05:20.590 --> 02:05:21.800 which is an enhanced 02:05:21.800 --> 02:05:25.720 mechanism to introduce these protective measures would the 02:05:25.720 --> 02:05:26.640 Commission be 02:05:26.640 --> 02:05:30.020 amenable to that this is just a thought or a suggestion 02:05:30.020 --> 02:05:32.119 from staff at what point 02:05:32.119 --> 02:05:37.140 would we add that to our recommendation I'm gonna lean 02:05:37.140 --> 02:05:38.520 towards Jennifer de 02:05:38.520 --> 02:05:40.579 Curtis on this but I think we could come back for an 02:05:40.579 --> 02:05:41.840 individual consideration 02:05:41.840 --> 02:05:45.039 item fairly expeditiously once we sit down with the 02:05:45.039 --> 02:05:46.680 applicant and bring that 02:05:46.680 --> 02:05:53.880 forward so the Commissioner Roselle thank you and I'm not 02:05:53.880 --> 02:05:54.439 trying to jump in 02:05:54.439 --> 02:05:56.630 front of Commissioner Burgl I apologize but is the ADP done 02:05:56.630 --> 02:05:57.680 at the zoning or the 02:05:57.680 --> 02:06:01.039 site plan can you clarify when we can yes the ADP is a site 02:06:01.039 --> 02:06:02.000 planning function 02:06:02.000 --> 02:06:05.239 the intent of an ADP is to have enhanced site design 02:06:05.239 --> 02:06:07.000 criteria it is not a variance 02:06:07.000 --> 02:06:11.050 procedure but in a it enables an applicant or a developer 02:06:11.050 --> 02:06:12.199 to use specific 02:06:12.199 --> 02:06:15.670 design criteria if they can't comply completely with the 02:06:15.670 --> 02:06:16.520 Denton Development 02:06:16.520 --> 02:06:20.270 Code in this instance we would use it to enhance this site 02:06:20.270 --> 02:06:21.399 as in as a screening 02:06:21.399 --> 02:06:25.079 anesthetic mechanism to protect the adjacent neighborhoods 02:06:25.079 --> 02:06:26.640 should everybody 02:06:26.640 --> 02:06:30.720 be amenable to it Commissioner Burgl and as that's fine 02:06:30.720 --> 02:06:31.319 question there was all 02:06:31.319 --> 02:06:35.279 not a big deal so but I hear that and my concern is not 02:06:35.279 --> 02:06:37.439 with United Way backing 02:06:37.439 --> 02:06:40.319 up to the neighborhood it's 50 years down the road when 02:06:40.319 --> 02:06:41.319 they expand and sell 02:06:41.319 --> 02:06:44.630 this property could then that who I mean we have if we had 02:06:44.630 --> 02:06:46.520 the ADP in place then 02:06:46.520 --> 02:06:50.149 couldn't the next property owner just kind of bulldoze over 02:06:50.149 --> 02:06:51.439 the the you know the 02:06:51.439 --> 02:06:54.319 the buffer zone and all the trees that we had because they 02:06:54.319 --> 02:06:55.199 wanted to build 02:06:55.199 --> 02:06:59.149 their the ADP to the applicant and I don't want to put any 02:06:59.149 --> 02:06:59.960 more burdens on 02:06:59.960 --> 02:07:02.859 the applicant you know it's this it's the next it's the 02:07:02.859 --> 02:07:03.880 next property owner 02:07:03.880 --> 02:07:06.560 that I want to make sure is still compatible with the 02:07:06.560 --> 02:07:07.680 neighborhood I think 02:07:07.680 --> 02:07:12.369 what might be an option if I could is the NRMU designation 02:07:12.369 --> 02:07:13.239 which you talked 02:07:13.239 --> 02:07:15.930 about the transition from residential to commercial that's 02:07:15.930 --> 02:07:16.960 what it's for and then 02:07:16.960 --> 02:07:20.979 having the ADP act almost as an overlay to restrict it 02:07:20.979 --> 02:07:22.560 further with conditions 02:07:22.560 --> 02:07:28.319 for the applicant is it are we allowed to if we can't do 02:07:28.319 --> 02:07:29.119 the over the 02:07:29.119 --> 02:07:33.159 traditional overlay once I researched that topic okay so 02:07:33.159 --> 02:07:37.560 can we is NRMU 02:07:37.560 --> 02:07:43.359 considered a less restrictive zoning category than ECI and 02:07:43.359 --> 02:07:44.600 can we can we 02:07:44.600 --> 02:07:48.090 recommend NRMU tonight because it's less restrictive and 02:07:48.090 --> 02:07:49.279 just move forward with 02:07:49.279 --> 02:07:51.479 that 02:07:55.039 --> 02:07:59.369 do you want to answer that question because traditionally I 02:07:59.369 --> 02:08:01.520 do not I am not 02:08:01.520 --> 02:08:06.789 a proponent of doing that without certain things falling 02:08:06.789 --> 02:08:08.640 into place because 02:08:08.640 --> 02:08:12.739 I don't want to get into the practice of just down zoning I 02:08:12.739 --> 02:08:13.840 guess at the 02:08:13.840 --> 02:08:17.149 Commission without proper notice so generally I would make 02:08:17.149 --> 02:08:17.840 them come back 02:08:17.840 --> 02:08:21.590 and put it on the agenda probably legally could we do that 02:08:21.590 --> 02:08:22.680 that's my 02:08:22.680 --> 02:08:26.079 question I am I understand and I and I feel I think 02:08:26.079 --> 02:08:27.640 traditionally you've done 02:08:27.640 --> 02:08:32.100 that okay so I certainly don't want to disenfranchise 02:08:32.100 --> 02:08:33.119 anyone I think it is a 02:08:33.119 --> 02:08:37.359 gray area legally and that you have traditionally done that 02:08:37.359 --> 02:08:38.399 I don't know if 02:08:38.399 --> 02:08:41.640 it's appropriate in this case but I will leave that to your 02:08:41.640 --> 02:08:43.239 determination okay and 02:08:43.239 --> 02:08:46.920 before I ask the applicant if they would maybe be okay with 02:08:46.920 --> 02:08:50.600 that what this is 02:08:50.600 --> 02:08:56.229 eventually gonna have to go to City Council what fail-safes 02:08:56.229 --> 02:08:57.560 could be put in 02:08:57.560 --> 02:09:01.159 place between now and when they go to City Council that 02:09:01.159 --> 02:09:02.079 staff and the 02:09:02.079 --> 02:09:05.720 applicant could work together with so that our concerns 02:09:05.720 --> 02:09:07.039 when it gets to City 02:09:07.039 --> 02:09:10.350 Council have already been addressed to protect the 02:09:10.350 --> 02:09:12.079 neighborhood 50 years down 02:09:12.079 --> 02:09:16.189 the road like what what could what can staff do you could 02:09:16.189 --> 02:09:18.119 not recommend an ADP 02:09:18.119 --> 02:09:23.520 tonight in order to go to council you would have to have 02:09:23.520 --> 02:09:24.520 that as a separate 02:09:24.520 --> 02:09:28.039 item and the ADP though it's a good suggestion doesn't 02:09:28.039 --> 02:09:30.000 address my concern of 02:09:30.000 --> 02:09:33.880 decades down the road it's putting more a bigger burden on 02:09:33.880 --> 02:09:35.119 the United Way which 02:09:35.119 --> 02:09:38.430 I don't want to do I want to protect the neighborhood when 02:09:38.430 --> 02:09:39.640 when and if this 02:09:39.640 --> 02:09:42.949 property sells many many years later and the ADP I don't 02:09:42.949 --> 02:09:43.840 think meets that 02:09:43.840 --> 02:09:47.250 addresses that in the way I would like for it to so so 02:09:47.250 --> 02:09:48.640 things like so if we 02:09:48.640 --> 02:09:51.270 approved the ECI rezoned tonight what sorts of 02:09:51.270 --> 02:09:52.840 recommendations could we make 02:09:52.840 --> 02:09:56.720 to City Council that they could implement when they when 02:09:56.720 --> 02:09:57.720 United Way goes 02:09:57.720 --> 02:10:02.069 to them is there is there anything now it's just considered 02:10:02.069 --> 02:10:03.399 a straight underlying 02:10:03.399 --> 02:10:07.319 zoning whether or not we can add the overlay or whether or 02:10:07.319 --> 02:10:07.760 not you want to 02:10:07.760 --> 02:10:11.069 add an ADP those are the only options really to you can't 02:10:11.069 --> 02:10:12.119 put conditions on 02:10:12.119 --> 02:10:16.270 your underlying zoning you just can't so you have to use 02:10:16.270 --> 02:10:17.680 one of those other 02:10:17.680 --> 02:10:20.529 avenues or a different tool to do that and we just don't 02:10:20.529 --> 02:10:21.600 have that notice 02:10:21.600 --> 02:10:24.909 tonight it's the problem okay and then I guess I have a 02:10:24.909 --> 02:10:25.640 question of the applicant 02:10:25.640 --> 02:10:30.500 then so you're hearing these concerns what would you be 02:10:30.500 --> 02:10:32.319 amenable to an NRM you 02:10:32.319 --> 02:10:35.310 rezone since it is in the same as Commissioner Taylor said 02:10:35.310 --> 02:10:36.319 the same family 02:10:36.319 --> 02:10:43.520 of zoning for residential approach I don't know because I 02:10:43.520 --> 02:10:45.960 don't know what's in 02:10:45.960 --> 02:10:52.699 it your your project is in it you could build your project 02:10:52.699 --> 02:10:54.760 in NRM you I think so 02:10:54.760 --> 02:11:00.699 pretty sure I can tell you our discussions with the cat 02:11:00.699 --> 02:11:01.140 with our 02:11:01.140 --> 02:11:05.060 consultant is that we talked a lot about drainage we talked 02:11:05.060 --> 02:11:06.079 a lot about the 02:11:06.079 --> 02:11:10.119 protection of the neighborhood we can you show that pull up 02:11:10.119 --> 02:11:11.239 that aerial and 02:11:11.239 --> 02:11:13.329 because I can talk a little bit you can see what I'm 02:11:13.329 --> 02:11:14.399 talking about there is 02:11:14.399 --> 02:11:17.760 there's a significant amount of tree canopy right in the 02:11:17.760 --> 02:11:18.680 middle of that 02:11:18.680 --> 02:11:22.039 tract of land you see it right there and then with the 02:11:22.039 --> 02:11:23.760 required setbacks of our 02:11:23.760 --> 02:11:28.810 building that building is going to be tucked in behind 02:11:28.810 --> 02:11:30.920 those trees with the 02:11:30.920 --> 02:11:33.789 idea that we are our intent is to save every tree that we 02:11:33.789 --> 02:11:35.119 possibly can subject 02:11:35.119 --> 02:11:39.470 to having to do something to to handle the drainage and the 02:11:39.470 --> 02:11:40.039 detention 02:11:40.039 --> 02:11:43.399 requirements it may that may be required when we get to 02:11:43.399 --> 02:11:44.680 that point but 02:11:44.680 --> 02:11:46.840 that building is going to be pretty much in the in the 02:11:46.840 --> 02:11:47.880 middle of that tract of 02:11:47.880 --> 02:11:52.020 land in the skinny part there to the east of those trees 02:11:52.020 --> 02:11:53.479 with the idea that 02:11:53.479 --> 02:11:56.699 we're going to protect that that tree buffer plus the the 02:11:56.699 --> 02:11:57.640 setback and the 02:11:57.640 --> 02:12:00.880 landscape buffer that we're also already required to do so 02:12:00.880 --> 02:12:02.239 we fully intend to 02:12:02.239 --> 02:12:05.569 meet or exceed the site plan requirements from drainage 02:12:05.569 --> 02:12:06.439 landscaping 02:12:06.439 --> 02:12:10.439 lighting whatever and I and I fully believe you I really 02:12:10.439 --> 02:12:11.399 truly do this is a 02:12:11.399 --> 02:12:14.010 fantastic project and I really do want to see it go forward 02:12:14.010 --> 02:12:14.880 and I believe that 02:12:14.880 --> 02:12:18.739 that your project is not going to have a detrimental impact 02:12:18.739 --> 02:12:19.520 on the neighborhood 02:12:19.520 --> 02:12:25.189 my concern is 30 40 50 years down the road when United Way 02:12:25.189 --> 02:12:26.239 were to sell this 02:12:26.239 --> 02:12:29.550 property and and to someone else and build a bigger 02:12:29.550 --> 02:12:31.119 location elsewhere then 02:12:31.119 --> 02:12:34.359 what happens then it's it's zoned for this heavy this 02:12:34.359 --> 02:12:35.720 heavier use that I'm not 02:12:35.720 --> 02:12:37.439 sure is compatible with the neighborhood so I just want you 02:12:37.439 --> 02:12:38.119 to be clear like I'm 02:12:38.119 --> 02:12:41.430 in favor of your project I'm just thinking generations 02:12:41.430 --> 02:12:42.239 ahead what would 02:12:42.239 --> 02:12:47.449 happen to that that buffer zone we narrow we knit by this 02:12:47.449 --> 02:12:48.760 zone we do narrow 02:12:48.760 --> 02:12:51.869 the buffer zone but that buffer zone is there now wider but 02:12:51.869 --> 02:12:52.960 it will be narrower 02:12:52.960 --> 02:12:57.140 there's still going to be the the ECI next to it next to 02:12:57.140 --> 02:12:58.680 whatever might 02:12:58.680 --> 02:13:01.439 encroach upon that that property right and that's what 02:13:01.439 --> 02:13:02.600 Chairman Strange said 02:13:02.600 --> 02:13:05.840 too and I I see that I recognize that but you become the 02:13:05.840 --> 02:13:06.520 buffer for the 02:13:06.520 --> 02:13:09.829 neighborhood as opposed to commissioner Taylor is you 02:13:09.829 --> 02:13:10.960 become the buffer which 02:13:10.960 --> 02:13:13.689 makes you a benefit to the neighborhood as opposed to a 02:13:13.689 --> 02:13:14.840 potential risk in the 02:13:14.840 --> 02:13:19.090 future so it sounds like you're you need to do more 02:13:19.090 --> 02:13:21.560 research as far as NRM you 02:13:21.560 --> 02:13:25.140 being appropriate for your any plans you might have yeah 02:13:25.140 --> 02:13:26.560 because I don't thought 02:13:26.560 --> 02:13:29.529 sure we know exactly what that what what we're being sad 02:13:29.529 --> 02:13:31.359 dled with cost-wise what 02:13:31.359 --> 02:13:34.050 it does with with the layout of our of our building 02:13:34.050 --> 02:13:35.479 footprint our parking and 02:13:35.479 --> 02:13:38.789 those things that were again those were sensitive to those 02:13:38.789 --> 02:13:39.520 issues because those 02:13:39.520 --> 02:13:44.350 will impact the surrounding properties so would it would 02:13:44.350 --> 02:13:46.600 you have time to 02:13:46.600 --> 02:13:53.359 ascertain if NRM you will work for you by April 13th April 02:13:53.359 --> 02:13:55.119 13th in approximately 02:13:55.119 --> 02:13:58.550 four weeks four and a half words the timing has been 02:13:58.550 --> 02:14:00.359 perfect up to right now 02:14:00.359 --> 02:14:05.989 we are we are scheduled to close is at the 14th of April so 02:14:05.989 --> 02:14:06.880 please approach 02:14:06.880 --> 02:14:15.949 you that way thank you all for indulging us today we're 02:14:15.949 --> 02:14:17.000 really pretty consistent 02:14:17.000 --> 02:14:20.750 on our idea and our plan we can't plan for 50 years down 02:14:20.750 --> 02:14:21.960 the road as much as 02:14:21.960 --> 02:14:26.100 the city would like that we can't tell you what somebody 02:14:26.100 --> 02:14:27.479 else may build or do 02:14:27.479 --> 02:14:31.340 with the property if 40 or 50 or 20 or 30 years we we 02:14:31.340 --> 02:14:32.640 change it we do know the 02:14:32.640 --> 02:14:36.189 zoning classification that we requested is the zoning 02:14:36.189 --> 02:14:37.800 classification that's 02:14:37.800 --> 02:14:42.130 consistent with our use it's also consistent with the 02:14:42.130 --> 02:14:44.239 future land plan for 02:14:44.239 --> 02:14:49.069 the city and as such that's why we're very you know we 02:14:49.069 --> 02:14:50.640 really need to jump 02:14:50.640 --> 02:14:54.979 start the process and not put it on hold we also are very 02:14:54.979 --> 02:14:56.439 sensitive to our 02:14:56.439 --> 02:14:59.140 neighbors and in the reason why I can tell you we're 02:14:59.140 --> 02:15:00.159 sensitive to our 02:15:00.159 --> 02:15:03.489 neighbors is we went out ahead of time to go talk to our 02:15:03.489 --> 02:15:05.039 neighbors we are going 02:15:05.039 --> 02:15:08.649 to do what we can to make a project that beautifully 02:15:08.649 --> 02:15:10.319 enhances that neighborhood 02:15:10.319 --> 02:15:14.420 but we need y'all's help in doing that we don't really have 02:15:14.420 --> 02:15:15.479 the luxury of 02:15:15.479 --> 02:15:20.779 waiting another 60 or 90 or 30 days of doing that our 02:15:20.779 --> 02:15:22.439 position is it fits 02:15:22.439 --> 02:15:26.619 within the current classification and so with all due 02:15:26.619 --> 02:15:29.039 respect and indulgence we 02:15:29.039 --> 02:15:33.739 hope that you will agree now this is just zoning so there's 02:15:33.739 --> 02:15:34.720 a lot more we're 02:15:34.720 --> 02:15:37.930 going to come before you on like what does it look like 02:15:37.930 --> 02:15:39.239 right what are we how 02:15:39.239 --> 02:15:42.640 are we buffering it what things are we doing for traffic 02:15:42.640 --> 02:15:44.640 for fire protection 02:15:44.640 --> 02:15:48.720 those are all other opportunities for us to refine our plan 02:15:48.720 --> 02:15:49.800 but we have to get to 02:15:49.800 --> 02:15:55.800 that first step so again with all due respect I would 02:15:55.800 --> 02:15:56.720 respectfully request 02:15:56.720 --> 02:16:00.960 that y'all approve the zoning and allow us to continue on 02:16:00.960 --> 02:16:02.760 the path of providing 02:16:02.760 --> 02:16:07.439 a beautiful structure it's not really in the neighborhood 02:16:07.439 --> 02:16:09.439 it's it's really on the 02:16:09.439 --> 02:16:13.289 fringe of the neighborhood but will greatly benefit our 02:16:13.289 --> 02:16:14.760 neighbors the other 02:16:14.760 --> 02:16:17.000 thing I would just throw this I was looking at and I wasn't 02:16:17.000 --> 02:16:18.079 really prepared 02:16:18.079 --> 02:16:21.689 today to talk but I was looking at the map and I was 02:16:21.689 --> 02:16:23.680 looking at the future use 02:16:23.680 --> 02:16:28.510 map and if you look at where this property is it's in our 02:16:28.510 --> 02:16:30.039 form right which 02:16:30.039 --> 02:16:35.719 is neighborhood residential four units per acre is correct 02:16:35.719 --> 02:16:36.760 so you have a lot of 02:16:36.760 --> 02:16:40.120 content permit you have a lot of potential density in that 02:16:40.120 --> 02:16:41.000 neighborhood 02:16:41.000 --> 02:16:46.840 just with houses now let's look to I guess I want to say 02:16:46.840 --> 02:16:48.520 okay so if you look 02:16:48.520 --> 02:16:53.399 right over here we can't see because I can't point right 02:16:53.399 --> 02:16:55.520 over here well this is 02:16:55.520 --> 02:16:59.870 all it if we take the logic and we continue to move forward 02:16:59.870 --> 02:17:01.040 with this well 02:17:01.040 --> 02:17:04.780 this residential neighborhoods also next to light 02:17:04.780 --> 02:17:06.639 industrial so at what point 02:17:06.639 --> 02:17:10.120 do you stop right what point do you say no but we do have a 02:17:10.120 --> 02:17:10.719 beautiful project 02:17:10.719 --> 02:17:14.030 and and we hope you'll support us but you got to follow the 02:17:14.030 --> 02:17:14.920 logic I think a 02:17:14.920 --> 02:17:18.239 little bit that our goal I think is consistent with the 02:17:18.239 --> 02:17:19.479 city and consistent 02:17:19.479 --> 02:17:22.500 with the use so again thank you so much for indulging me 02:17:22.500 --> 02:17:23.040 and give me the 02:17:23.040 --> 02:17:25.760 opportunity may have one more question for you Commissioner 02:17:25.760 --> 02:17:26.239 Hudgemith do you 02:17:26.239 --> 02:17:29.680 have a question for the applicant yes sir thank you and so 02:17:29.680 --> 02:17:31.639 I agree with 02:17:31.639 --> 02:17:35.979 everything that's said here my the one thing I've not that 02:17:35.979 --> 02:17:37.280 I think we get back 02:17:37.280 --> 02:17:41.270 to and and just as succinct as possible is we all trust 02:17:41.270 --> 02:17:42.840 United Way it's great 02:17:42.840 --> 02:17:47.040 but ignoring the fact that there is a field directly across 02:17:47.040 --> 02:17:48.440 Woodrow that's not 02:17:48.440 --> 02:17:52.000 developed there's a field across the street that's not 02:17:52.000 --> 02:17:53.600 developed Denton is 02:17:53.600 --> 02:17:57.459 going to continue to grow Denton and that part of Denton is 02:17:57.459 --> 02:17:58.799 a hotbed for 02:17:58.799 --> 02:18:03.069 growth to ignore the fact that United Way is going to keep 02:18:03.069 --> 02:18:03.760 doing great things 02:18:03.760 --> 02:18:07.079 and grow and grow and grow and at some point potentially 02:18:07.079 --> 02:18:08.239 outgrow that house 02:18:08.239 --> 02:18:15.200 that new facility would be short-sighted so looking long- 02:18:15.200 --> 02:18:18.239 term what that I get we 02:18:18.239 --> 02:18:23.290 get back to long-term what what skin in the game what assur 02:18:23.290 --> 02:18:24.760 ances that when this 02:18:24.760 --> 02:18:28.270 sells it's not going to go to something else can you give 02:18:28.270 --> 02:18:29.719 and that's where that 02:18:29.719 --> 02:18:34.549 zoning comes in because it protects the residents from the 02:18:34.549 --> 02:18:36.000 other side of the 02:18:36.000 --> 02:18:39.360 property gets developed and it's United Way is outgrown 02:18:39.360 --> 02:18:40.920 that space and it can 02:18:40.920 --> 02:18:46.090 sell it at a premium and it does the neighborhood is kind 02:18:46.090 --> 02:18:48.719 of doesn't have an 02:18:48.719 --> 02:18:51.920 opportunity to address that issue and that's that's kind of 02:18:51.920 --> 02:18:52.719 that long-term 02:18:52.719 --> 02:18:56.520 plan is really what we get hung up 02:19:00.120 --> 02:19:03.329 well there's a couple things one and again one prepared to 02:19:03.329 --> 02:19:04.840 talk today but I'll 02:19:04.840 --> 02:19:07.840 be happy to address it to the extent I can you're 02:19:07.840 --> 02:19:09.440 outstanding so if you look at 02:19:09.440 --> 02:19:12.260 the property in this shape it's a very unique shape piece 02:19:12.260 --> 02:19:13.079 of property it's 02:19:13.079 --> 02:19:17.430 five point something acres of land well one of the things 02:19:17.430 --> 02:19:19.040 is once we we get past 02:19:19.040 --> 02:19:21.680 this process you're gonna have to look at where we're 02:19:21.680 --> 02:19:22.799 putting our building 02:19:22.799 --> 02:19:33.829 right not at all relative to drainage and see my thought is 02:19:33.829 --> 02:19:35.879 I mean there's I 02:19:35.879 --> 02:19:40.469 can't talk about what a future owner may do as you know I 02:19:40.469 --> 02:19:41.719 mean you just can't 02:19:41.719 --> 02:19:47.250 bind a future owner well we could by restricting the zoning 02:19:47.250 --> 02:19:48.719 okay but future 02:19:48.719 --> 02:19:52.860 land use map again says what it says sure so looking at the 02:19:52.860 --> 02:19:54.079 property itself 02:19:54.079 --> 02:19:57.040 and the unique characteristic of the property if we put a 02:19:57.040 --> 02:19:57.799 ten or eleven 02:19:57.799 --> 02:20:01.110 thousand square foot building in it naturally it's got to 02:20:01.110 --> 02:20:01.840 go in a place 02:20:01.840 --> 02:20:05.239 because you have to parking too it's got to go in an area 02:20:05.239 --> 02:20:06.440 that is going to be 02:20:06.440 --> 02:20:10.399 consistent with where all the rest of the contour of the 02:20:10.399 --> 02:20:11.760 property is where 02:20:11.760 --> 02:20:15.000 drainage has to go and I think if you know that I think the 02:20:15.000 --> 02:20:16.879 drainage flows I'm 02:20:16.879 --> 02:20:20.120 looking east-west I think it flows west yes that yeah that 02:20:20.120 --> 02:20:21.000 ditches to the yeah 02:20:21.000 --> 02:20:25.860 so yeah northwest so we're gonna have to provide some 02:20:25.860 --> 02:20:28.879 drainage right so the 02:20:28.879 --> 02:20:33.030 building's really going to be stuck more in the back middle 02:20:33.030 --> 02:20:34.360 of the property to 02:20:34.360 --> 02:20:36.950 the east is what I would think so I think that kind of 02:20:36.950 --> 02:20:38.159 protects because what 02:20:38.159 --> 02:20:39.940 do you do with the rest of the property Charlie can be 02:20:39.940 --> 02:20:42.000 parking lot and sure no 02:20:42.000 --> 02:20:44.559 no I think so so yeah I don't know how to answer a question 02:20:44.559 --> 02:20:45.520 about the future 02:20:45.520 --> 02:20:49.870 because our goal is really not to leave the property sure 02:20:49.870 --> 02:20:51.319 okay and if you look 02:20:51.319 --> 02:20:55.559 at history United Way has been in rental space what's when 02:20:55.559 --> 02:20:58.180 did we start since the 02:20:58.180 --> 02:21:01.110 1950s in about you know two to three thousand square foot 02:21:01.110 --> 02:21:02.680 of rental space the 02:21:02.680 --> 02:21:06.530 idea behind why we want this property so bad is we have a 02:21:06.530 --> 02:21:09.200 great relationship with 02:21:09.200 --> 02:21:12.659 the Housing Authority and it's a mutual benefit 02:21:12.659 --> 02:21:14.559 relationship so if we're able to 02:21:14.559 --> 02:21:17.399 build our project they're gonna benefit we're gonna benefit 02:21:17.399 --> 02:21:17.959 in the neighborhood 02:21:17.959 --> 02:21:20.879 well so I didn't answer your question but that's kind of 02:21:20.879 --> 02:21:21.639 what we do sometimes 02:21:21.639 --> 02:21:24.639 yeah 02:21:24.840 --> 02:21:36.319 I think it's great I think I guess my really I get to if if 02:21:36.319 --> 02:21:37.000 we could build a 02:21:37.000 --> 02:21:40.649 project and protect ourselves both why why would we not do 02:21:40.649 --> 02:21:41.920 that and that's 02:21:41.920 --> 02:21:45.280 that's kind of my thought but yeah neither here nor there I 02:21:45.280 --> 02:21:46.639 think in some 02:21:46.639 --> 02:21:57.799 respects you have to have some faith absolutely thank you I 02:21:57.799 --> 02:21:59.440 have the floor 02:21:59.440 --> 02:22:03.680 next I've heard a lot of different points and discussion 02:22:03.680 --> 02:22:04.399 tonight on this 02:22:04.399 --> 02:22:07.969 and I know everybody's passionate about their opinion and I 02:22:07.969 --> 02:22:09.159 'm going to just come 02:22:09.159 --> 02:22:15.090 back for simplicity sake from my zoning experiences that 02:22:15.090 --> 02:22:17.239 the proposed zoning is 02:22:17.239 --> 02:22:23.889 in compliance with what the Denton plan is and there is 02:22:23.889 --> 02:22:25.559 already this same exact 02:22:25.559 --> 02:22:31.760 zoning to the south of the property and I have good faith 02:22:31.760 --> 02:22:33.959 that the applicant is 02:22:33.959 --> 02:22:37.280 going to be cognizant of the neighborhood that's their 02:22:37.280 --> 02:22:38.040 charge they're 02:22:38.040 --> 02:22:41.790 there to serve the neighbors and their community and I have 02:22:41.790 --> 02:22:42.799 full faith that 02:22:42.799 --> 02:22:46.209 they will continue to do that and with that said I'm gonna 02:22:46.209 --> 02:22:47.520 go ahead and make a 02:22:47.520 --> 02:22:54.319 motion to approve this as proposed and see where we go with 02:22:54.319 --> 02:22:54.680 it 02:22:55.479 --> 02:22:59.479 Commissioner Dudowitz I haven't said too much yet but 02:22:59.479 --> 02:23:01.040 because I'm listening and 02:23:01.040 --> 02:23:04.500 we have listened to a lot of discussion even in the work 02:23:04.500 --> 02:23:06.399 session I believe it's 02:23:06.399 --> 02:23:10.479 the proposed is consistent with the future use plan I think 02:23:10.479 --> 02:23:11.079 it works very 02:23:11.079 --> 02:23:15.479 nicely within the confines of what we're looking at here I 02:23:15.479 --> 02:23:17.040 do believe that the 02:23:17.040 --> 02:23:20.899 applicant will protect this property as best it can and 02:23:20.899 --> 02:23:22.440 then something you can 02:23:22.440 --> 02:23:25.209 think about if ever whenever 50 years from now who knows 02:23:25.209 --> 02:23:26.000 what's going to 02:23:26.000 --> 02:23:28.479 happen I mean we don't know what's gonna happen tomorrow 02:23:28.479 --> 02:23:31.319 but they could in the 02:23:31.319 --> 02:23:34.920 benefit of the community suggest in their selling process 02:23:34.920 --> 02:23:35.680 if ever they do 02:23:35.680 --> 02:23:38.629 they put restrictions on it at that point in time and it 02:23:38.629 --> 02:23:39.920 can be done it's 02:23:39.920 --> 02:23:43.780 been done it happens all the time so I second the motion 02:23:43.780 --> 02:23:45.520 thank you okay thanks 02:23:45.520 --> 02:23:48.420 for the second we have a first and second and we'll now 02:23:48.420 --> 02:23:49.920 open for discussion 02:23:49.920 --> 02:23:56.840 Commissioner Brighill thank you chair I am in support of 02:23:56.840 --> 02:23:58.479 this of this project I 02:23:58.479 --> 02:24:01.959 truly am and my concerns about the neighborhood I do not 02:24:01.959 --> 02:24:03.479 want to slow down 02:24:03.479 --> 02:24:07.159 this process so I am going to vote in favor of this because 02:24:07.159 --> 02:24:08.079 I know that you're 02:24:08.079 --> 02:24:11.280 going to bring a lot of good to the neighborhood and I'm 02:24:11.280 --> 02:24:12.760 hopeful that as we 02:24:12.760 --> 02:24:16.809 work on redoing our debt and development code in the future 02:24:16.809 --> 02:24:17.719 that we will have 02:24:17.719 --> 02:24:21.629 more options rather than this or that which neither one 02:24:21.629 --> 02:24:22.959 really kind of fit 02:24:22.959 --> 02:24:25.600 what we're trying to do so I'm sure that staff has been 02:24:25.600 --> 02:24:26.680 taking a lot of notes 02:24:26.680 --> 02:24:30.000 tonight thinking about how we can maybe better address 02:24:30.000 --> 02:24:32.079 future conflicts like 02:24:32.079 --> 02:24:34.920 this but I am going to support this project because I do 02:24:34.920 --> 02:24:35.760 think it's good I 02:24:35.760 --> 02:24:38.120 think you guys are doing a great job for the neighborhood 02:24:38.120 --> 02:24:38.920 and and as you said 02:24:38.920 --> 02:24:43.920 Commissioner Strange that it is bordered by bordered by ECI 02:24:43.920 --> 02:24:46.120 throughout and 02:24:46.120 --> 02:24:48.229 United Way is supposed to be taking care of the 02:24:48.229 --> 02:24:49.520 neighborhoods so I will be 02:24:49.520 --> 02:24:53.600 voting in support of this Commissioner Beck thank you chair 02:24:53.600 --> 02:24:54.559 and I'll be brief as 02:24:54.559 --> 02:24:58.260 I can and I do approve of this project too I'd like to see 02:24:58.260 --> 02:24:59.120 it going forward so 02:24:59.120 --> 02:25:01.600 I'm gonna just throw a crazy thing out there and this may 02:25:01.600 --> 02:25:02.280 be more legal 02:25:02.280 --> 02:25:08.680 anything is there any way to commit future PNZ's to 02:25:08.680 --> 02:25:11.799 consider the issues we've 02:25:11.799 --> 02:25:15.479 been addressing here and you're shaking your head no okay 02:25:15.479 --> 02:25:16.399 you can't find a 02:25:16.399 --> 02:25:21.299 future commission can we make any attachments to this well 02:25:21.299 --> 02:25:22.200 we'll have the 02:25:22.200 --> 02:25:25.569 minutes yeah the discussion and any time that Commissioner 02:25:25.569 --> 02:25:26.479 can always go back and 02:25:26.479 --> 02:25:29.549 listen to the hearing and see it on video and just hope we 02:25:29.549 --> 02:25:30.600 have as dedicated 02:25:30.600 --> 02:25:35.950 a PNZ then as we do now that are concerned about okay thank 02:25:35.950 --> 02:25:38.159 you okay we 02:25:38.159 --> 02:25:40.899 have a first and a second and any further discussion on 02:25:40.899 --> 02:25:41.719 this item for 02:25:41.719 --> 02:26:01.299 calling a vote seeing none I will call for a vote on the 02:26:01.299 --> 02:26:03.600 board 02:26:03.600 --> 02:26:13.420 motion carries seven zero thank you congratulations at this 02:26:13.420 --> 02:26:15.079 time I will go 02:26:15.079 --> 02:26:20.709 ahead and open the public hearing for s 15 - zero zero one 02:26:20.709 --> 02:26:23.799 eight and I'll call 02:26:25.920 --> 02:26:33.250 thank you good luck with your project let the room clear 02:26:33.250 --> 02:26:35.239 just a minute and 02:26:35.239 --> 02:26:40.239 I'll come back to it and ask for a public hearing we hit 02:26:40.239 --> 02:26:41.000 our Donnie 02:26:51.239 --> 02:26:56.350 we have opened the public hearing for s 15 - zero zero one 02:26:56.350 --> 02:26:58.600 eight and as our part 02:26:58.600 --> 02:27:01.809 of our procedure we will call on the applicant first and 02:27:01.809 --> 02:27:02.719 then a representative 02:27:02.719 --> 02:27:05.549 the absolute speak second if you'd like each one of you 02:27:05.549 --> 02:27:06.799 will have ten minutes 02:27:06.799 --> 02:27:11.149 and as you approach if you will give your name and address 02:27:11.149 --> 02:27:12.600 for the record and 02:27:12.600 --> 02:27:17.760 then we'll need a card filled out as well thank you chair 02:27:17.760 --> 02:27:19.159 commissioners city 02:27:19.159 --> 02:27:24.020 staff my name is Yolanda Voral I reside at 2201 Geneva 02:27:24.020 --> 02:27:24.920 Circle here in Denton 02:27:24.920 --> 02:27:28.959 Texas I'm the lead designer for Tim Beatty builders in Dent 02:27:28.959 --> 02:27:29.760 on and mr. Beatty 02:27:29.760 --> 02:27:33.069 is also the owner of this proposed development I'm here 02:27:33.069 --> 02:27:34.200 tonight seeking 02:27:34.200 --> 02:27:38.290 approval for a special use permit for an infill development 02:27:38.290 --> 02:27:41.639 of 2216 North Elm the 02:27:41.639 --> 02:27:45.110 property currently consists of two lots one that's vacant 02:27:45.110 --> 02:27:46.239 and the other has a 02:27:46.239 --> 02:27:49.559 single-family residence of 881 square feet that was 02:27:49.559 --> 02:27:52.360 constructed in 1946 it's 02:27:52.360 --> 02:27:57.010 seen better days the property zoning is neighborhood 02:27:57.010 --> 02:27:58.639 residential mixed-use 12 02:27:58.639 --> 02:28:02.440 which allows us to develop the property with nine units 02:28:02.440 --> 02:28:03.600 currently the 02:28:03.600 --> 02:28:07.239 surrounding zonings are a mix of residential duplex multi- 02:28:07.239 --> 02:28:08.000 family and 02:28:08.000 --> 02:28:12.239 commercial and we feel the project will be compatible with 02:28:12.239 --> 02:28:14.680 these zonings we sent 02:28:14.680 --> 02:28:18.229 mailings to residents within 200 and 500 feet of the 02:28:18.229 --> 02:28:20.360 proposed development mr. 02:28:20.360 --> 02:28:26.020 Beatty received phone calls and positive support I received 02:28:26.020 --> 02:28:27.520 one asking if he 02:28:27.520 --> 02:28:31.649 needed a leasing agent we hosted a neighborhood meeting 02:28:31.649 --> 02:28:32.520 here in the 02:28:32.520 --> 02:28:35.829 chamber and we received input from one resident who showed 02:28:35.829 --> 02:28:36.479 concern for tree 02:28:36.479 --> 02:28:40.000 protection during the construction phase we took action by 02:28:40.000 --> 02:28:40.959 revisiting the 02:28:40.959 --> 02:28:44.469 landscape plan with our landscape architect he clarified 02:28:44.469 --> 02:28:45.159 his design 02:28:45.159 --> 02:28:48.909 calculations and we touched base with her and sent her a 02:28:48.909 --> 02:28:49.959 site plan so she 02:28:49.959 --> 02:28:54.079 could review it it's our intent and to our advantage to 02:28:54.079 --> 02:28:55.600 save as many trees on 02:28:55.600 --> 02:28:59.950 the side as possible even if we don't get credit for them 02:28:59.950 --> 02:29:01.440 mr. Beatty is a 02:29:01.440 --> 02:29:05.559 longtime Denton County residents he's owned properties and 02:29:05.559 --> 02:29:06.600 a business in the 02:29:06.600 --> 02:29:09.440 city of Denton for more than 30 years he's a quality 02:29:09.440 --> 02:29:10.840 builder in our community 02:29:10.840 --> 02:29:14.590 and this project will be built to his high standards we've 02:29:14.590 --> 02:29:15.920 worked closely with 02:29:15.920 --> 02:29:19.670 the city staff to reach to this point and we feel the 02:29:19.670 --> 02:29:20.799 project will complement 02:29:20.799 --> 02:29:23.680 the neighborhood our tenants will be provided with a 02:29:23.680 --> 02:29:24.959 quality build on a well 02:29:24.959 --> 02:29:28.639 landscaped lot with open area for their enjoyment we're 02:29:28.639 --> 02:29:30.280 here asking for your 02:29:30.280 --> 02:29:33.209 approval for this SUP tonight so that we can move forward 02:29:33.209 --> 02:29:34.360 with the permitting 02:29:34.360 --> 02:29:38.100 process and mr. Beatty and I are here to answer any 02:29:38.100 --> 02:29:39.920 questions you may have 02:29:39.920 --> 02:29:46.719 any questions for that thank you very much 02:29:47.520 --> 02:29:51.360 would you like to speak as well another applicant 02:29:51.360 --> 02:29:56.159 representative no okay no we 02:29:56.159 --> 02:30:00.090 might call on you in a minute thank you at this time I will 02:30:00.090 --> 02:30:01.200 call on Ross 02:30:01.200 --> 02:30:12.139 Culverson to give our staff report thank you chair this is 02:30:12.139 --> 02:30:14.120 s-15 18 specific use 02:30:14.120 --> 02:30:17.129 permit for multifamily dwellings on point eight acres zoned 02:30:17.129 --> 02:30:18.120 in our mu 12 as 02:30:18.120 --> 02:30:21.430 mentioned the applicant is Tim Beatty builders site is 02:30:21.430 --> 02:30:22.079 located on the 02:30:22.079 --> 02:30:26.270 southeast corner Telaferro Street in North Elm Street and 02:30:26.270 --> 02:30:26.920 within our staff 02:30:26.920 --> 02:30:31.329 findings in your staff report we point out that similar to 02:30:31.329 --> 02:30:32.239 what was available 02:30:32.239 --> 02:30:38.549 said there are multifamily units and single family units 02:30:38.549 --> 02:30:40.520 throughout the the 02:30:40.520 --> 02:30:44.079 street pattern there we find that the units that are 02:30:44.079 --> 02:30:45.479 proposed are in scale and 02:30:45.479 --> 02:30:51.920 are compatible to adjacent uses I do want to point out the 02:30:51.920 --> 02:30:54.399 site plan that shows 02:30:54.399 --> 02:30:58.610 the indication of where the frontage is of two-story to two 02:30:58.610 --> 02:31:00.280 -story buildings and 02:31:00.280 --> 02:31:04.430 then a one-story building towards the rear with a parking 02:31:04.430 --> 02:31:05.680 court off of 02:31:05.680 --> 02:31:13.719 Telaferro and a exit only emergency access and excess for 02:31:13.719 --> 02:31:15.200 trash trucks 02:31:15.200 --> 02:31:19.799 exiting the property on to the one way North Elm Street 02:31:19.799 --> 02:31:21.360 there to the south 02:31:21.360 --> 02:31:24.670 these are the elevations as presented from the applicant 02:31:24.670 --> 02:31:25.680 and working with the 02:31:25.680 --> 02:31:31.010 architect staff gave some input and the applicant was amen 02:31:31.010 --> 02:31:32.399 able and worked to 02:31:32.399 --> 02:31:35.030 provide a good product and I believe that this provides a 02:31:35.030 --> 02:31:35.840 good street face 02:31:35.840 --> 02:31:41.159 to Elm Street as for new infill development in this area so 02:31:41.159 --> 02:31:41.600 staff is 02:31:41.600 --> 02:31:48.239 recommending approval subject to the conditions and we get 02:31:48.239 --> 02:31:48.479 to the 02:31:48.479 --> 02:31:53.629 recommendations section here just a condition that the 02:31:53.629 --> 02:31:54.760 proposed development 02:31:54.760 --> 02:31:57.629 shall substantially comply with the attached site plan 02:31:57.629 --> 02:31:59.000 building elevations in 02:31:59.000 --> 02:32:02.239 landscape land submitted with the project I can answer any 02:32:02.239 --> 02:32:02.879 questions you 02:32:02.879 --> 02:32:11.600 may have any questions for staff see none thank you Ross 02:32:11.600 --> 02:32:14.600 with that I will 02:32:14.600 --> 02:32:18.100 close the public hearing on this item and I will open it up 02:32:18.100 --> 02:32:19.280 for discussion or 02:32:19.280 --> 02:32:27.760 emotion Commissioner Hudge with I move approval 02:32:27.760 --> 02:32:31.840 Commissioner Bribble I love infill development so I will 02:32:31.840 --> 02:32:33.159 second the motion 02:32:33.159 --> 02:32:39.159 a first and a second any further discussion or comments 02:32:39.159 --> 02:32:41.879 seeing none I'm 02:32:41.879 --> 02:32:44.270 looking forward to voting for this as well I like seeing 02:32:44.270 --> 02:32:45.200 infill development 02:32:45.200 --> 02:32:49.479 and I will call for a vote on the board 02:32:54.360 --> 02:32:58.100 motion carries 7-0 congratulations and good luck on your 02:32:58.100 --> 02:33:02.719 project that moves us 02:33:02.719 --> 02:33:11.329 to our project matrix or any concluding items Commissioner 02:33:11.329 --> 02:33:13.120 Rizzo I'll start this 02:33:13.120 --> 02:33:18.940 by not knowing where this is gonna end I find it really 02:33:18.940 --> 02:33:20.639 confusing when the 02:33:20.639 --> 02:33:24.180 applicant for a build is also submitting a rezone because I 02:33:24.180 --> 02:33:25.200 think it just blurs 02:33:25.200 --> 02:33:27.899 though like we're talking forever about what United Way is 02:33:27.899 --> 02:33:28.799 doing and it seems 02:33:28.799 --> 02:33:32.229 like the zoning aspects shouldn't even matter what United 02:33:32.229 --> 02:33:33.200 Way is doing I don't 02:33:33.200 --> 02:33:36.280 know there's a way to bifurcate those legally or anything 02:33:36.280 --> 02:33:38.000 like that maybe just 02:33:38.000 --> 02:33:40.590 me but it happened a couple of weeks ago and thankfully 02:33:40.590 --> 02:33:41.600 Commissioner Taylor kind 02:33:41.600 --> 02:33:46.059 of sidebar me and made me think about them separately but 02:33:46.059 --> 02:33:48.200 so often we have the 02:33:48.200 --> 02:33:52.100 applicant for a project doing the zoning when we get so 02:33:52.100 --> 02:33:53.719 focused on what's their 02:33:53.719 --> 02:33:56.430 building gonna be like what's the permits gonna be like and 02:33:56.430 --> 02:33:57.120 it changes the 02:33:57.120 --> 02:34:00.870 focus from the actual just let's look at zoning alignment 02:34:00.870 --> 02:34:01.799 and I saw it firsthand 02:34:01.799 --> 02:34:05.799 tonight United Way was speaking more to what United Way is 02:34:05.799 --> 02:34:06.719 gonna do rather than 02:34:06.719 --> 02:34:10.590 what the lands gonna be used for and so maybe I'm just 02:34:10.590 --> 02:34:12.559 vocalizing my confusion 02:34:12.559 --> 02:34:15.389 during those times there's a way that can just maybe 02:34:15.389 --> 02:34:16.840 personally be clarified 02:34:16.840 --> 02:34:19.399 for me or way that that can stay on point I'm not sure 02:34:19.399 --> 02:34:20.239 again I don't know 02:34:20.239 --> 02:34:23.479 where this ends but it just seems to come up a couple of 02:34:23.479 --> 02:34:24.559 times in my short time 02:34:24.559 --> 02:34:28.520 here it's just like we need to clarify those are discussion 02:34:28.520 --> 02:34:29.479 tag along with that 02:34:29.479 --> 02:34:32.350 too real quick because I because I agree because remember 02:34:32.350 --> 02:34:33.799 when we saw the the 02:34:33.799 --> 02:34:36.870 reason on the corner of actor and University yeah and and 02:34:36.870 --> 02:34:37.520 the neighborhood 02:34:37.520 --> 02:34:39.719 was really upset because they were drive-through 02:34:39.719 --> 02:34:40.719 restaurants and I had 02:34:40.719 --> 02:34:43.200 wondered if if the applicant hadn't come forward with that 02:34:43.200 --> 02:34:44.040 proposal if it was 02:34:44.040 --> 02:34:47.500 just looking at the rezone if there would have been as much 02:34:47.500 --> 02:34:48.440 of a of an outcry 02:34:48.440 --> 02:34:52.600 about that so so I think sometimes it can confuse both the 02:34:52.600 --> 02:34:53.559 neighborhoods and 02:34:53.559 --> 02:34:56.760 the Commission when we were should be looking strictly at a 02:34:56.760 --> 02:34:57.600 rezone and then 02:34:57.600 --> 02:35:00.680 looking at the project down the road so I I agree with you 02:35:00.680 --> 02:35:01.319 and I don't know how 02:35:01.319 --> 02:35:04.799 you separate those but it just seems to be a recurring 02:35:04.799 --> 02:35:06.479 confusion can I speak to 02:35:06.479 --> 02:35:10.229 that sure how do you separate them when we look at plats 02:35:10.229 --> 02:35:11.399 you know first plat 02:35:11.399 --> 02:35:14.379 second plot we're just see lines we don't see what's going 02:35:14.379 --> 02:35:15.000 there or whatever 02:35:15.000 --> 02:35:18.459 we don't know so that's a little bit simpler but I agree it 02:35:18.459 --> 02:35:19.079 does kind of 02:35:19.079 --> 02:35:23.760 cloud and we got into it so I don't know what the answer is 02:35:23.760 --> 02:35:24.799 there are some staff 02:35:24.799 --> 02:35:27.459 to give some clarification on this there are some 02:35:27.459 --> 02:35:29.000 suggestions that we can make 02:35:29.000 --> 02:35:34.399 and we can put that on a future work session perfect 02:35:34.399 --> 02:35:39.079 Commissioner Hussbuss I just wanted to update everyone that 02:35:39.079 --> 02:35:40.000 I have been in 02:35:40.000 --> 02:35:45.299 communication with mr. Mays in the parks department over 02:35:45.299 --> 02:35:47.479 the bike paths that was 02:35:47.479 --> 02:35:50.379 kind of redirected to him so he's out of town but when he 02:35:50.379 --> 02:35:51.600 gets back we're going 02:35:51.600 --> 02:35:54.809 to meet and we're going to talk bike paths and he's 02:35:54.809 --> 02:35:56.000 identified some property 02:35:56.000 --> 02:36:01.159 that the city owns that he thinks may be a good fit and so 02:36:01.159 --> 02:36:03.319 I'll probably allow 02:36:03.319 --> 02:36:07.840 him to update at some point but I what I'm pursuing with 02:36:07.840 --> 02:36:09.079 him and discussing 02:36:09.079 --> 02:36:15.309 with him is a way to have those paths funded by private 02:36:15.309 --> 02:36:17.239 dollars but businesses 02:36:17.239 --> 02:36:20.120 so target has partnered with the city on different projects 02:36:20.120 --> 02:36:21.200 so target buys a 02:36:21.200 --> 02:36:26.520 segment of the path and market its markets are tags it or 02:36:26.520 --> 02:36:27.600 advertises on it 02:36:27.600 --> 02:36:31.750 how they wish and so instead of spending advertising 02:36:31.750 --> 02:36:33.719 dollars on TV and ads where 02:36:33.719 --> 02:36:37.190 it gets fast forwarded past you have a permanent brand on a 02:36:37.190 --> 02:36:38.680 path here in town 02:36:38.680 --> 02:36:41.459 and so kind of partnering with different restaurants so if 02:36:41.459 --> 02:36:42.479 you're Carl juniors 02:36:42.479 --> 02:36:47.149 and you want to sell a greasy burger and you know advertise 02:36:47.149 --> 02:36:48.600 our support fitness 02:36:48.600 --> 02:36:52.840 then you can have it both ways so I'm sure at some point 02:36:52.840 --> 02:36:53.879 once we get it 02:36:53.879 --> 02:36:56.200 finalized we'll come back and present that but that's just 02:36:56.200 --> 02:36:57.200 something I wanted 02:36:57.200 --> 02:37:00.049 the other commissioners to know I'm working on trying to 02:37:00.049 --> 02:37:01.639 get rolling thank 02:37:01.639 --> 02:37:06.879 you for the update Commissioner Dudowitz but all this a 02:37:06.879 --> 02:37:07.920 question for you we 02:37:07.920 --> 02:37:11.350 changed the procedure by allowing the applicant to talk 02:37:11.350 --> 02:37:12.600 first I was curious 02:37:12.600 --> 02:37:21.319 what's the reason for the change this change will actually 02:37:21.319 --> 02:37:21.920 flow into how 02:37:21.920 --> 02:37:25.520 council will be doing that running their meetings as it 02:37:25.520 --> 02:37:26.840 relates to presentations 02:37:26.840 --> 02:37:31.219 as well so this initiative in the rationale I'm sorry it's 02:37:31.219 --> 02:37:31.920 legally the 02:37:31.920 --> 02:37:35.780 applicant has the burden to to put on their own case when 02:37:35.780 --> 02:37:36.760 it they're the 02:37:36.760 --> 02:37:40.069 applicant so we've been doing it backwards most cities do 02:37:40.069 --> 02:37:40.479 it the other 02:37:40.479 --> 02:37:43.180 way okay okay I was just curious just want to be in line 02:37:43.180 --> 02:37:44.559 with what's normal 02:37:44.559 --> 02:37:49.889 okay well here tonight the last applicant was almost given 02:37:49.889 --> 02:37:50.440 the staff 02:37:50.440 --> 02:37:53.520 presentation so then like this thing so that's what they 02:37:53.520 --> 02:37:56.159 can adjust a little bit 02:37:56.159 --> 02:38:00.850 and save time and whatever I don't know her first time she 02:38:00.850 --> 02:38:00.959 was a little nervous 02:38:00.959 --> 02:38:05.579 too so no I understand that but yeah understand but it's 02:38:05.579 --> 02:38:07.200 the way it should be 02:38:07.520 --> 02:38:13.059 thank you seeing no other comments I will close the meeting 02:38:13.059 --> 02:38:16.639 at 8 o 5 thank you 02:38:20.920 --> 02:38:23.479 way