March 9th meeting. It is 5/12 and our meeting has been duly
posted and a
quorum is present and I will call our meeting to order and
our first item of
business is going to receive a clarification of agenda
items and I will
turn it over to Manal for that presentation. Thank You
Chairperson
Strange. If I can just make a quick announcement please
prior to
commencing with the work session item. I would like to let
the Planning and
Zoning Commission know that sadly we are losing our senior
planner Ross
Colbettson. He's moving on to bigger and bigger adventures
and tonight will be
his last meeting with us. His last day with us is this
Friday and I just wanted
to personally thank Ross for being a valuable contributor
to the community,
the department and you will be sadly missed.
Another quick item that I wanted to bring up was as we move
into our regular
meeting we're changing the process just a little bit but I
promise it's not
confusing. What we're going to do is during our regular
meeting public
hearing items or any items that warrant a presentation from
an applicant they
will the chair will open the public hearing the applicant
will make their
presentation and staff will follow that and provide a
summary and a
recommendation so that that is on record but this gives a
good opportunity for
the applicant to provide their presentation too. Some
applicants may not
have a presentation and would just stand for question but
this is the process we
intend to attempt to follow starting tonight. Is there a
time limit for the
applicant to present? I believe there is and I'm looking at
the...isn't it 10
minutes? It's 10 minutes for the actual applicant and 10
minutes for any
representative up for a total of 20 minutes. Okay that's
the same as what it's
been. I have one other item that I will add to discussion
right now for our work
session. The item that's going to be presented in our
regular meeting
tonight which is Buc-E's or item D which is ADP 16-002 that
item is going to be
continued tonight so we will just be opening the public
hearing and it will be
continued to March 23rd so if any of you are watching or
listening in regards to
our work session and plan to come for that I want to let
you know that that
will be continued to the March 23rd meeting and we will
then now proceed to
our presentations this evening in work session. Thank You
Commissioner Strange.
If the Commission does not have any questions regarding the
plots that are
on the agenda we can move straight into our public hearing
items. Seeing no
questions regarding the plots we'll move to the first item
that Z16-0001B.
Mike Bell is our case planner on that however Mike Bell is
not present tonight
and Julie will be representing Mike Bell and making the
presentation. Thanks Julie.
Good evening Julie Wyatt associate planner with the City of
Denton and
tonight I'm presenting to you Z16-1 Windsor Gardens. The
request is to
consider making a recommendation to City Council regarding
a rezoning request
from NR2 to NRMU. The subject property is located on the
northwest corner of
Bonnie Bray and Windsor. The current zoning for the
property is NR2. The
request is the proposed zoning district is NRMU
neighborhood residential
mixed-use. The future land use designation of the property
is community
mixed-use. The zoning designations that most closely meet
the intent of the
neighborhood mixed-use future land use designation are NRMU
12 and NRMU.
The considerations that staff looked at regarding this
request would be that
consistent with the Denton plan 2030 and NRMU is consistent
with the intent of
the future land use designation. Additionally the
properties location on
at the intersection of two secondary arterial streets makes
this an ideal
location for the NRMU designation because uses like
neighborhood retail
service and employment uses also moderate density housing
are appropriate
for the area particularly as a transition to the single-
family
neighborhoods that are to the west. An additional
consideration that staff
looked at would be site constraints. The property is right
here. As you can see
adjacent to the property on the lots to the west there is a
gas well site. This
yellow portion is the 250 foot reverse setback that any
protected use would
need to meet so that is very near the subject property.
Additionally this blue
is FEMA floodplain so development could not occur within
this blue area. So as
you can see the develop the developable property is quite
small. Staff doesn't
foresee an NR2 development to to go in this area. One for
the for the roadways
that are adjacent and then also because what what could be
developed is quite
small. Public notification was sent out we have received
one letter in
favor it is the green area. So based upon the
considerations and the
require the criteria for approval in the Denton Development
Code staff
recommends approval of this request and I'll stand for any
questions.
Commissioner Taylor. Thank you chair. So I have several
questions just about not
so much this exact project. General use of NRMU versus CMG.
Sure. So as you said
these are two arterial it's an intersection of two arter
ials and
there's this area that's probably about 20 acres indicated
in the future land
use map for neighborhood mixed use. Yes sir. Could you
describe under what
scenarios would like a CMG versus an NRMU be the correct
use at an arterial
intersection and what's a typical size how big does a CMG
need to be how big
does an NRMU need to be? Well NRMU has a lot of limitations
as to the to the the
size of the use so the intensity of the use. NRMU by its
nature would would
require a smaller building footprint of the use and less
intense. I would say one
of the primary factors we would look at would be access.
Bonnie Bray and Windsor
are streets that are heavily traveled but they are
secondary arterials whereas
something like University is a primary arterial it's a much
more heavily
traveled streets. These are streets that are accessed by
lots of neighborhoods
near there but they are a little more cloistered than a
university or maybe a
Teasley would be. So we really don't foresee a CMG in this
area because the
access is mainly for the the adjacent neighborhoods and
less for citywide. Our
comp plan, let me make sure I'm speaking correctly.
Den Plan 2030 doesn't necessarily call for a specific
specific size of parcel
but it is a smaller footprint than the CMG would be so it
is intended to be
more of a neighborhood scale than a CMG would be more of a
community-wide scale.
Does that answer your question? Did I get there? Yeah I was
just trying to get and I
understand every every location is different every project
is different but
I was just trying to say like an NRMU might be appropriate
from 5 to 20 acres
or a CMG we wouldn't want a CMG less than you know 20 or 15
or so if there
are some kind of categories of size where it would be it
would not be
feasible for an NRMU to be bigger than this or well she
needs at least this
much. That's a good point but when we look at both the NRMU
and CMG we really
want to see a mix of uses. There really was the intent of
those zoning districts
and I think it's the intent of the future land use
designation so although
a parcel may be smaller or may be larger what we want to
see is a mix of uses in
that area so we don't in our staff's analysis of the site
we don't necessarily
look at the size we look at the mix of uses and we look at
the access.
And one one final question since this is already designated
NRMU in the future
land use map would this have been appropriate for a staff
initiated
rezone? Yes and I believe it's in Mike's staff report that
we'll be looking at
this area particularly the properties to the north and see
if it's it would be
appropriate to move forward with with a staff initiated rez
oning. There is
already NRMU to the south the church property is NRMU so
this really is a
logical extension of that NRMU and it may it may be
necessary to move that
even further and go go north for that. Thank you. Sure.
Commissioner Beck I think
was first. Thank you chair. Kind of following along this
line of thought here in your
literature you say staff would caution however that multif
amily development as
a single use may be too intense for this area if developed
at the maximum density
of 30 units per acre and I believe the intent here of the
person who wants this
change is looking at townhomes which is 12 units or
something? Correct. NRMU does
allow the use but it limits the density to 12 units per
acre.
Why did we consider and I would like us to probably
consider NRMU 12
then why not do that then that meet the needs of everybody
here and and keep
this high density situation and kind of under wraps. I've
noticed on the future
land map area that the area was the moderate residential
use across the
street and going up there the neighborhood mixed use the NR
MU that's
across the street that's that's just a church that's you
know so that's. And I
think because it's on the hard corner we wanted a little
higher intensity than
the NRMU 12 plus there is the adjacency it is developed as
a church but it does
have that zoning designation so it makes sense to continue
that zoning district.
What is moderate residential considered to be? Does that
include multi-family? Well it is
dwelling units 4 to 12 dwelling units per acre. I believe I
've quoted that right.
Ron might correct me. Moderate density 12 4 to 12 dwelling
units per acre? Yes. Okay.
So I mean that would kind of coincide with an NRMU 12 more
than it would an
NRMU I would think. Well. With the potential of a multi-
family. And you
could see the moderate densities is more across the street.
This is more to
be intended to be a neighborhood mixed use or more as a
center because this
right here has more access because it's on the corner of
the two arterial roads.
Okay. It might although the applicant is proposing town
homes. Staff when we look
at a rezoning we look at all the permitted uses in a zoning
district and
if for some reason this didn't develop the way it's
intended we would want to
look at also the commercial uses because this is it could
be appropriate to have
commercial uses in this area as well. Okay. Neighborhood
scale. Switching to a
different topic. The ESA nearby. Yeah. That's not going to
be impacted by any. Well and
that was actually part of our analysis because there is a
floodway and the ESA
is embedded. Is that part of the blue area or the green
area? This blue. Okay.
What's that green area? This is are you talking about this
right here? Well it's
greenish. It's my. I could say okay yes it's the yellow
buffer going over the
blue. Okay. So this really takes all of this blue can't be
impacted by the
development and so per our code so really the developable
area is outside
of the blue which is part of the analysis that made that NR
2 really isn't
an appropriate zoning district because the I believe there
's about 2.7 acres
that are developable and it's it's you know probably wouldn
't get two dwelling
single-family dwelling units two to an acre in just this
this small area. Okay
since that's the ESA is kind of hands-off in that kind of
answer. Right.
I'm concerned about the trees that are extending into that
site then they we'd
be able to keep those. I believe the trees on this side on
this side yeah
look like those are actually within the area it looks like
it's close in the
floodways or the floodplain so they do development we'll
take a close look at
see how much they're gonna take away from it. They would
have to meet any tree
preservation requirement. Okay. Sure. I think I have a
comment from Manal please.
Thank you for the valuable questions it's very exciting to
see these types of conversations evolving. One of the
things that we also
need to look at these is the existing zoning map and Julie
if you can go to
that please for a second. So the request before us today is
for a request of
change in zoning. We comprehensively evaluate the proposed
request and the
permitted uses within that zoning district or that category
and then we
also look at the surrounding zoning pattern not just the
existing land uses
but the surrounding zoning pattern. Would it be logical
then to extend the NRMU
as proposed because what we have to the south even though
it's bifurcated by a
right-of-way? Yes. What is the intent of the NRMU? To allow
for mixed uses but to
have more intense component non-residential component
evolve in
that arena. Is there an opportunity now to revisit and look
at that and I'm
going to call it the yellow component around the subject
site north and to the
west of it. Absolutely because we also know that there are
physical constraints
on that site that would limit the developability for
potentially residential
neighborhoods that is for a developer perhaps financially
feasible or not.
Who knows? But the point is what can we do with that
quadrant? What now we start
talking about the comprehensive plan and what value it
offers in us ascertaining
what is the best development pattern associated with the
zoning category that
is being requested now and what would happen in the future.
Any specific use
that chooses to develop under that zoning classification or
that zoning
category would have to comply with those zoning parameters
as it relates to
density for example or as it relates to lot coverage as it
relates to your setbacks.
Your tree mitigation and preservation requirements would
also come into play
at the time of submittal for building permit because the
use would be
permitted. What we've provided to you is to try and give
you as detailed
information as we possibly can but there's no guarantee
that the site would
be developed with townhomes. So we know that that is the
potential or that's
what's been proposed however if that doesn't happen then we
need to make sure
we safeguard the zoning district that's that's being
proposed and we evaluate
that in terms of if the proposed use doesn't happen because
that's not the
factor hits the zoning change request then what development
pattern would we
see and that was what we based our argument on or
discussion on.
Commissioner Detowitz. I'm just and I agree with that by
the way and just to
the south where we say there's a church but that red area
is already and NRMU
and it's posted right now for sale for retail purposes so
that just now is
going to facilitate that whole area to be developed in a
mixed use scenario and
so yeah this is a you know a good use of that property as I
drive by it all the
time and look at it and see the weeds growing up and
wondering whenever that
particular area is going to be developed. Commissioner Brue
gel. Thank You Chair.
This is a really it's a it's a good piece of land you know
is right next to
church it's next to the park it's on a hard corner it's
easy access to I-35.
My concern is about the potential for developing townhomes
there in that it's
so close to a gas well and I know that we have the city has
some standards for
property owners that they must be notified before they
purchase the
property that there's a gas well there but my hunch is that
the people who are
living in the town homes probably don't own the town homes
they're probably
renters so I was wondering if staff could give me some sort
of like that has
a comment I'm sorry I cut you off but I have the answer to
your question. Oh good.
I talked too much anyway. No no not at all and I apologize
as we proceed with
the plotting procedure there are some parameters in our gas
well ordinance
that require to the greatest extent possible from our
perspective or our
discipline on what needs to be notified on the plat so the
plat would reflect
the proximity of for instance the gas well or the gas well
if there's any
number of gas wells in the distance from there. Right and I
recognize that that
that's a separate issue from the zoning thing that we're
looking at tonight I
get that but it is it is related and so when we get there I
mean let's be honest
a renter is not going to look at a plat so I would like for
the city to be
thinking about this when we're when we're seeing cases like
this how are we
going to protect people who are living in those
neighborhoods who may not be
aware that that is even I mean there's so many young
families that would be
that would be a perfect location it's close to a park it's
right across the
street from a fire department you know like it's it's it's
wonderful for young
families and I just want to make sure that people are fully
aware and I
understand again issue but this is something that I want
the city to be
addressing. You're absolutely right and when we and when we
look at this site
specifically if you look at the access points for the gas
well plot as someone
starts looking at potentially utilizing the town homes that
are or you know
renting the town homes if they become rental properties or
what have you if
they become for sale that's a different scenario because
the postings are there
but for rental I need to double check the gas well
ordinance to see what the
parameters are in there but in this instance if we thought
about this too if
you look at the access points to the gas well they're very
clear and visible at
this point so hopefully windshield inspection would
highlight that to the
potential renter for example but I will revisit the gas
well ordinance and
provide you I might be able to add one more detail. It may
not help renters but
I discussed it with our gas well administrator today
because I thought
this question may come up there is also there are also
requirements that the
homeowners Association if there's a homeowners Association
would also have
some notification requirements so it would be there would
be notes on the
plat because it's within a thousand feet of a gas well and
the HOA once again it
may not it may not help renters but it's another layer but
we can check we can
check for additional and I and again I recognize that is
that's that's further
down the road like right now we're just looking at the rez
oning requests but
this is this could this could be a conflict and so I just
want us all to be
aware sure sure. Commissioner Beck.
As development does occur around a gas well, are the
requirements to increase barriers?
There is a reverse setback I'm not I'm not aware of any
barriers that would be
required unless the gas well administrator came in with a
new site
plan then there may be some additional site considerations
that staff would be
looking at but there is the reverse setback of 250 feet for
protected uses
so so at that point that's what they would need to meet.
I just was clarifying with staff that at this time all we
're doing is zoning the
property and at any point in the future when this comes
back for a preliminary
plat or even the final plat this Commission will then have
an opportunity
to review this site again any concerns about gas wells or
anything else is
appropriate to be addressed at that time but as far as a
straight zoning case as
long as it's in in in compliance with what the future
zoning is on 2030 that's
really our only item to be concerned with and to be
considering on this item
at this time so I appreciate the comments and the concerns
but they're
kind of outside of what our purview is and in lieu of time
I'd like to keep our
discussions on the facts the matter of whether this zoning
is appropriate for
this side or not. I have any other questions on this item
before we move on
the next one. I just wanted to address the Commission and
discuss the comment
Commissioner Taylor brought up regarding the the
neighborhood mixed-use community
mixed-use and regional mixed-use. Julie is absolutely
correct it's based on the
draw of you know the area how she this is more intended for
neighborhood serving
type services and also want to point out that there is a
table in our plan 2030
that identifies mixed-use development as you know what we
would like to see in
these areas if we're wanting them to be developed as mixed-
use there's a
percentage of what the minimum acreage is and what the uses
should be as far
as each of the different mixed uses that are considered so
just to help explain
a little bit further in regards to the rezoning of the
property to the north we
did discuss this with the applicant at the time
unfortunately I don't think
they purchased the property or they're not the owner of the
property if they
were I'm sure we would have been looking at a rezoning of
that area as part of
this proposal. Any other questions for staff on this item?
Seeing none we'll
move on to our next item. Thank you Chairperson Strange.
The next item is 4B
Z15-0034 I'm going to ask Ross Colbetton to make this
presentation for a zoning
change request from NR4 to ECI. Thanks Ross. Thank you, Met
all. Thank you
Commission for your statement of appreciation. Dilly noted
and thank you.
It was a great serving with you serving this department
serving the citizens of
Denton with this position. Tonight I'm bringing before you
Z15-0034 for United
Way of Denton County. The request is to make a
consideration for City
Council regarding a neighborhood four neighborhood
residential four district to
be rezoned to Employment Center Industrial on approximately
five acres.
The site is located on Moore Street 250 feet 295 feet west
of Woodrow Lane
outlined by the property line there. The property is
currently zoned NR4. As you
can see the NR4 reacts and reflects the neighborhood
context to the west of the
site. It was zoned in 2002 with the citywide rezoning
efforts to again kind
of reflect the low to moderate single-family residential in
the area.
It anticipated the continuation of single-family uses up to
where there is
currently the industrial zoning fronting Woodrow Street and
the property in
question is actually a property owned by the Denton Housing
Authority and just to
give you a little history we had a neighborhood meeting
between with with
the United Way of Denton County and how they presented a
really good
relationship with the Denton Housing Authority and as this
property was under
their ownership they were looking to find a compatible use
to use that to
utilize this property for the best benefit of the community
and that
relationship stands with the presentation of this zoning
case. ECI is a
compatible zoning that's surrounding the subject property
from the
north the east and the south that ECI zoning was in place
in 1999 and it
allows for the professional office and community service
uses anticipated with
the zoning of the property adjacent properties or ECI and a
rezoning if you
look over to the other map just recently with Z1404 rez
oning occurred for
2.3 acres to again adjust the zoning from neighborhood
residential forward to
ECI. The future land use map indicates this area to be
business innovation
uses it encourages business parks and office employment
centers within that
district business innovation is a compatible land use
adjacent single
family neighborhoods and rezoning to ECI is consistent with
the business
innovation for the future land use map. Our considerations
and staff analysis
the property shape and a in proximity to commercial uses
limits for future
development for residential. ECI permits the intended
office and community
service uses and will be located close to other nonprofit
and community uses
your staff report indicates that there are adjacent
churches and Martin Luther
King Jr. Community Center rec center that serve the greater
need of didn't
residents in this in this in this area of town. Surrounding
land uses to the
north east and south are commercial industrial in nature
and the
anticipated uses will conform to all chapter 13 standards
for mitigating use
impacts to the adjacent neighborhood. Criteria for approval
the didn't
develop the code lists criteria for as we were stating
before that the
rezoning would conform to the land use element of the didn
't plan 2030 and that
the proposed rezoning would facilitate the adequate
provision of transportation
water sewers parks and other public requirements and conven
iences and staff
we get to the recommendation a second a public notice
notification was sent on
February 21st with 40 mail outs to residents within 200
feet and courtesy
notices 78 sent to individuals within 500 feet of the
subject property and no
responses have been returned as as today. So based on the
considerations and the
requirements within chapter sub chapter 35 3 staff
recommends approval of this
request and I will stand for any questions.
Commissioner Hesbeth. Thank you chair. So do we know where
they're planning to
place the building because it's it's five minutes from my
house so it's near
and dear to my heart and I walked the neighborhood today
and I talked to one
of the residents that's just across the street that did not
said he didn't
receive the notice whatever that means and then there's one
of the residents
that will be here this evening for the hearing. My question
is do do we know
where on that property they're going to place? No we don't.
And so help me
understand what we're voting on. Well this is going to be
the same issue that
we just talked about we're just looking at zoning only on
this particular item I
believe until it comes back to preliminary plat then we'll
discuss
where buildings will be placed and whether you want to
approve or put a
condition on a on a preliminary plat or final plat we'll
get to that point. Okay
so my question functionally what is the process for the
fire in and out with it
only having access on Morris? There'd either have to be a
looped fire lane
around the building to have an entry and exit on Morris I
don't know if there will
be a second point of access yes two points of access will
be needed for the
property so they would have to have two driveway cuts on
more street. May I
interject? Sure. The details associated with the site
engineering with the
building permit package which is how the building would lay
the footprint the
safety elements associated with that all that would be
addressed at the time of
submittal of building permit. Prior to that the property
would have to be
preliminary and final plotted. At the preliminary at the
final planning stage
full civils would be reviewed and approved prior to the
final plot coming
before yourselves. In terms of the building footprint right
now we cannot
address that because the request before us is to for the
Commission to review
the merits of changing the existing zoning on the property
to ECI. So what
we've provided you is an analysis that shows that it's a
logical transition
transitional zoning. Ross would you put up the zoning map
please? And if you look
around the area fully understand that there's residential
development west of
the site the west boundary line and a little bit to the
north. When development
does occur a sufficient landscape buffer would have to be
provided or a buffer
strip as we call it would have to be provided to provide
one the separation
between the two uses and then beyond that there are
specific building setbacks
so the building would have to be set back from the right of
way and then the
adjacent other property lines specific distance too. So at
this point we're
really only evaluating the zoning change request because
under the ECI and in your
report and I think Ross touched on this a little bit too we
're discussing what
uses are permitted. So the study before us or the analysis
before us is is it
feasible to change the zoning of the property that is
highlighted there to ECI
and if it is those are the following uses that would be
permitted. Okay thank
you. Can we go back to yes future land uses map? Okay and
anyone I don't know
who answers this question but can you give me the practical
application of
this map seen as how the purple which is the light purple
so that's business
innovation bleeds past the neighborhood. So is it I just
want to kind of
understand what if I'm looking at this evaluating to see if
it it fits maybe
you can help me understand how that transitions from so we
're going from
business innovation to low residential. The comprehensive
plan was designed and
it is depicted as non parcel based so there are kind of a
bleed buffer or
bleed use line of where in anticipation of new uses but it
stands to reason that
there is a strict line where these are lots that abut these
these are existing
single-family lots so thus any kind of new use that comes
in would be parcel
based based on the parameters of the the boundary of that
of that property so
there would not be any discussion of bleeding any
additional business
innovation uses into the into the property we could set
this as a hard
line based on this rezoning effort. Okay and one last
technical question I don't
know is that enough space in that entrance for it to
function as a so
currently as a residential it doesn't need as much space
for fire so
physically is there enough space for fire to even consider
transitioning to
EC1? The applicant will be here tonight and they have an
architect consultant
with them they just have not flushed out any design efforts
and brought into our
attention yet of what the layout is going to be. Feel free
to ask them when
they come up and make their presentation we just we don't
have anything here.
Anything else? Commissioner Rosell. Thank you chair this
question kind of is
similar to the one previous and that we're approving a rez
oning this evening
so we don't know if United Way will actually build that's
not that's not
what we're approving it's not a guarantee and so what I
understand from
business innovation is these office parks not like high
density type things
but ECI you can have a drive-through facility a private
club quick vehicle
servicing there's a lot of things that could be put there I
'm wondering if
business innovation there's a better way to define that
zone so we get like an
office part if United Way doesn't go in there I'm just
concerned if United Way
that backs out we're gonna get a club in the back of
someone's backyard.
I don't know if there's an answer for that but it seems
like there's might be
a better way of getting business innovation type buildings
than ECI.
I think in our backup it says that the home the owner is
the housing authority
is who currently owns the property. So they wouldn't be
wanting to sell to
private interests. If they would chose to do that.
Commissioner Taylor. Thank you Chair. So I look at this
this color
transition and I think it's interesting the the way I think
these transitions
were applied is any of the NR districts were the base layer
and then all of the
other colors bleed across into NR which is just kind of
interesting the last
one did that too where the area across the street bled into
the NRMU but I do
feel this is an important transition zone because we have
you know industrial
uses existing industrial industrial uses that have been
there since at least the
80s along Woodrow but we also have an established
neighborhood you know that's
been growing over over the last several decades and this to
me feels like like
this lot coming to the houses would be an appropriate
location for the
transition and to just take it to ECI which is a very
intense one of the most
intense zoning categories we have to an existing houses
back fence does feel
like it it goes against some of the comprehensive plan so I
and I know that
we have a lot of other zoning categories that are
appropriate for offices and
might even be more appropriate for office buildings while
removing heavy
vehicle servicing and these cut very industrial uses that
would probably be
the most noxious to have across somebody's back fence so
did we look at
ECC or I almost think more categories outside of the EC
category would be more
appropriate but I know that there isn't any around here is
there any other
zoning category that we looked at we did analyze the
proximity to the
residential neighborhood we took that into consideration we
also tried to
analyze the schedule of permitted uses we did we looked at
other zoning
categories with the schedule of uses this was the least was
the most
restrictive of those districts the ECI secondly if we just
took this parcel out
and and rezone this then would we be compromising our
charge of looking to
consolidate zoning classifications and zoning categories
thirdly we also know
that we have the ability to provide the adequate landscape
buffer requirements
and Ross please correct me is it a D type C buffer which is
what 30 feet 30
feet with 20 feet it's I believe it's a 30 foot buffer if
we could clarify that
so from a from a zoning perspective is the zoning the
zoning change
appropriate we felt yes given the surrounding zoning
pattern however we
also looked at the applicant and the ownership and the
intent for fully
knowing that there is a possibility that it may not develop
with what we've heard
that it could potentially develop with but we know who the
owner is too you
know and so we did take those those elements into
consideration so to
looking at just a ECI to ECC ECC is tends toward more
office uses and less
industrial uses it does allow slightly higher density but
it also has higher
landscape requirements so basically lives before story
building instead of a two
story building basically was there and we have a lot of
business innovation is
falling into the ECC and we have just across the street ECC
and ECI kind of
checkerboarded together would it seems to me that that it's
slightly less
intense so it's provide some buffer was that was that
evaluated was there what
was the reason we didn't go with ECC I believe the primary
reason why we didn't
go with ECC is to ensure that we had a comprehensive ECI
structure there if you
look at if we were to just go ahead we just recently added
an ECI zoning
designation right next to it so in terms of develop ability
of the overall area
that is ECI and the proposed ECI it would develop
comprehensively or redevelop
comprehensively now this doesn't you know and Jennifer
correct me if I'm wrong
but should the Commission see fit that ECI is not the
appropriate zoning
designation could they then recommend an alternative zoning
designation we would
have to repost it the applicants the applicant understood
that there were
different EC categories they felt good with staffs
recommendation of ECI they
didn't challenge that we did look at ECC and again when all
point is basis of our
analysis where since in 2014 a recent zone rezoning
happened adjacent and it
was for you never know what that use was for but it was
anticipated for the
growth and expansion of the warehouse uses on Woodrow so
our logic took that
as a starting point and just to add to that we are dentin
development code only
caters to straight zoning categories so we don't have the
opportunity to create
specific districts to accommodate specific uses either so
that's where the
second challenge arises as to how do we ensure the proper
progression or
transition of zoning that other Avenue does not exist at
this time that it
David good Commissioner Bruegel thank you so kind of take
tagging off of what
y'all are asking because it's my question too is you know
we see rezone
cases for other developers other projects and you know and
what happens if we
rezone it with the the thought that the intent is going to
be for this and then
they flip the property right in this case you know we know
it's you know
Denton housing Denton Housing Authority and United Way and
I sat down with Gary
Henderson and I asked him this what you know what happens
if y'all flip this
hypothetically speaking and he he wasn't she was gonna sit
down with staff and
kind of talk about this but is this is this something that
could we create some
sort of like overlay or something that just to protect the
neighborhood so that
if if if yeah we're in a nation yeah yeah we have the
parameters to create a
specific overlay just again it would go back to the posting
issue correct
Jennifer yes you'd have to post it and we'd have to bring
it back but I'm not
sure I'm just trying to think yeah we I mean we do overlays
before I'm just
trying to think is there a way that you've done overlays to
protect where
they weren't noticed yes so what's happened in the past is
that if the
Commission sees a different Avenue or to provide specific
site design related
restrictions or use restrictions especially in the
residential design
nations overlays have been recommended and then adopted I'm
just trying to think
of some some additional way to further protect the
neighborhood so just just to
keep things consistent right like I mean because we shouldn
't be playing favorites
between well it's United Way or it's you know and you're
talking about the
residential mixed-use overlay and I think that's the
commercial only I'm not sure
that's industrialism we don't have a non-residential over a
district yeah so
I don't think that's possible or another idea perhaps to
tie the you know the
motion into something like we will approve this as long as
it stays with
which goes back to well that's that that's conditional
zoning and for all
right we can't do that illegal okay so never mind I'm just
trying to think you
know like let's think of different ways that we could
protect the residential
neighborhood to the to the West just to kind of keep things
consistent you know
I guess I'd have a question the neighborhood already backs
to the South
ICI so I understand the concern if this was the only place
that that
neighborhood bordered this category but it borders it in
all other places and
there are a number of existing businesses that are already
there and
operating it's not just vacant land so I understand the
concern and if it was a
hey this is the first piece now that's bordering
neighborhood I agree I think
would be more of a concern for me but with it the
neighborhood already
bordering those areas and already having businesses
operating I don't I don't have
the same concern but other commissioners may Commissioner H
utsworth yeah so
that's a good point but the difference is the the lay of
the land buffers the
neighborhood naturally from those other businesses so you
'll access all those
other businesses on Woodrow or to the I think that's to the
south towards yeah
you you exit all that through those major streets but
Morris Street is
absolutely residential there's not a there's not a sign
there's not there's
nothing that indicates business until you get to the stop
sign at Woodrow and
so that's where it's kind of unique because you're gonna
have this I'm
assuming some sort of sign that says turn here you're gonna
I mean it's going
to stick out whereas the other businesses are naturally
facing Woodrow
facing shady shores so it doesn't really interact with the
neighborhood although
it butts up against it even if you look at UPS there that
center you got to come
all the way down to the signal light and then you get to it
but other than that
you don't see any signage there's no it's all kind of
uniform so that's
really I get hung up on and I just someone can give me a
yes or no I'm not
not probing but in order to consider ECI if you've that you
had a conversation
with them I go back to my question you have to consider if
the fire trucks can
get in there and so either someone did or did not in
advance of bringing it to
us but I'm just curious did someone entertain that thought
or no they have a
team that is designing the site for them and they are very
familiar with what the
fire requirements are what the number of entrances or exits
required are placement
of building gross floor area coverage building setback when
we speak to the
and Ross I'm going to lean on you just because to jog my
memory what is the
right-of-way classification of more more Street
now we cannot the other this property would have mostly
have access off of
more straight also so the property to the north that Ross
was pointing out to
would have several access points if it were subdivided we
cannot landlock a
property they have to have genuine access off of a right-of
-way as well but
when it comes time to submitting for their building permit
plans all these
elements will be vetted and if they don't comply with any
of those
requirements they won't secure the building permit and and
I think to mr.
see drainage I believe drainage goes this way because there
is a channel
this way so in all intents and purposes a lot of this area
may be considered for
detention facilities so that's one protection and there's a
tree stand
right there we don't know what the intent is for
development of that but
there are natural features that preclude building and fire
lane and nuisance of
on-site circulation right up against their residents there
sure yeah no for
the sake of time I'll take it up out there but I I'm not I
'm not okay I mean
that the more Street was just done with CDBG funds I do
believe the sewer was
done from beginning to end so it's a two-year-old piece of
pavement that we're
going to now dig up again potentially for drainage for this
that and the other I
just it gives me a lot of heartache and I do like what
Taylor Briggle and and
Andrew touched on and that I think there's a different
classification that
gets us the same place and so if we have to hopefully rep
ost or whatever to get
it more in line that would be great but I'll say that thank
you commissioner
Dudowitz chairman add on to the conversation the newly
cited or re-sown
piece right yeah what right there what was the intent for
that and that property
you know it was my understanding it was for the benefit of
any expansion of
these extension of the it was a zoning change to
accommodate spec development
in the future okay and they would have entrance how well it
depends if they
utilize that sliver that's just been incorporated as part
of expansion then
they could create some avenue to have access to their
eastern component of the
property or off of Morse as well would be permitted that's
what we wouldn't be
we wouldn't landlock the property exactly Commissioner Beck
just want to
touch briefly on the fact that we had all these notices go
out and absolutely
nobody on Baldwin or Amy court responded I noticed in the
paperwork that they did
have a town hall meeting and the community did get involved
and that's
good I'm really excited about this project I'd like to see
it go forward
but I'm concerned and this isn't the first time we've seen
this that the
lack of response from the residents are going to be
impacted the most concerns
me that would like come up later and create a barrier for
this thing to go
forward so how is it just me or should we be concerned that
nobody in the area
that's the residential area it's going to be impacted most
responded do we just
take that that way okay that's fine go ahead or shouldn't
we be concerned that
they got proper notification well I think they got proper
notification
certified notices let's had a neighborhood meeting also in
our backup
it's right but I noticed on that list that the closest
person that to this
development is like four blocks away on the 1300 block of
more street we did get I did
get I did receive calls from individuals I believe in one
of these two houses
asking questions about buffering I took the calls but they
did not you know
request a vote against their opinion and we take phone
calls we take note emails
and faxes that are received based on our mail out don't you
have a
notification map you can put up and if you put that up
please if I speak to my
experience Commissioner Beck when I've been a part of a
notification of a
Brazil thank you and see my neighbors it's more a matter of
indifference that
there's not been a response so in my experience that there
's notifications
beginning there just a matter of indifference and I
understand I hope
that's all it is I'm just concerned because I really you
know I'm excited
about this project and I didn't see some pop-up later you
know being accused of
nobody sure thought if I may well I guess for the for the
record that's the
notification map of everybody that got a notice and I
understand that I don't
want to pick on anybody here but you know did it actually
have or not I'm I
have no reason to think it didn't but talking with the
Commissioner Hutz with
earlier he actually walked that ball in the street and what
was your sense that they got a notification?
Yeah so the gentleman Commissioner Hutzbeth. Thank you. So
the gentleman Ross is
speaking of will be here tonight that he's the very front
of that kind of that
L shape he got the notice I don't know why I didn't respond
but he'll be here
and then if you jump the creek there's those three houses
right next to each
other Daniel is a gentleman that owned a tow truck company
right there on the on
the corner he said he did not receive the notice he he is
okay with the
project concerned about traffic as is everyone I talked to
in the neighborhood
that's the biggest concern and but he said he did not
receive the notice I
mean and I don't know that doesn't mean it wasn't sent that
didn't I mean I had
a that happens I don't know I'm not gonna go you know argue
either way I'm
saying I asked staff to give an explanation of what notice
you get in a
200 foot buffer and 500 so we all get the facts of what
hasn't hasn't been done.
Sure. Just a second please go ahead if you'll give that for
us. Thank you
Commissioner Strange I'm just thinking about that note and
I want succinctly
put this language together the 200 foot notification is a
required is a
state-manded notification process we are required to send
out with any zoning
change a property owner notice informing them of the
request and of the date of
the meeting that is the 200 foot buffer those are certified
mailouts that go to
those property owners the property owner list is extracted
from the county DCAT
and so if there are any changes to that because we update
those every year
minimum sometimes every six months if I'm not mistaken so
if there is a change
in ownership sometimes you lose that they don't get that
notice for example
or its return the 500 foot notification is purely courtesy
and that enables
individuals if they are interested in the case just as you
mentioned the the
properties across the creek when you jump the creek we
would like to hear
what they have to say but when it comes to the ultimate
count of how many
notices or property owners were for or against the request
we would use the 200
foot notification
Commissioner Dadowitz I just wanted to clarify to mr. Hussp
ett that notices go
to the property owner I'm a property owner but it's a
corporation I have a
corporate address and those notices go to a corporate
address and I obviously
get them but if it's a renter if it's a leasy those those
become issues that
we've always addressed when we had even the oil fracking
issue - how do we notice
people when the surrounding area so that's part of the
process and problem is
it that owner doesn't pass it on or whatever then we're in
the hard place
yes exactly and I think that's that that ball on street is
is right for that it's
college kids it's probably 60 rent 40 own percentage you
know so that makes
sense but then it's again as a property owner who's renting
you just may not
care that it comes to that fruition and he may move on and
meet do something
else with that property so it's it's a balancing act that
we have to you know
walk through with this notice situation I agree any other
further questions for
staff on this item thank you Ross that will move us to I
don't see well Ross
item 4c item 4c is SUP 1518 Elm courts the request is
regarding a specific use
permit to allow multifamily dwelling units on approximately
0.8 acres
within a neighborhood residential 12 zoning district
location of the
properties on the southeast corner of Talaferro Street and
North Elm Street
zoning map indicates that the property is owned in our
immune 12 and within
that zoning district multifamily units require an SUP that
zoning district was
indicated and established by an ordinance in 2002 which
anticipated the
eventual placement of multifamily units on the property the
feature land use map
shows the area as low residential and adjacent properties
are residential in
nature I want to point out kind of a condition of the site
that kind of
inhibits support for multifamily and that would be that
North Elm Street and
North Locust Street are couplet streets which are act which
are regional
thoroughfares throughout the city northwest thoroughfares
they are highly
trafficked in multifamily units for this property will be
accessed off in
Talaferro within their site plan and no direct access off
of Elm Street Elm
Street is a southbound one-way street more intensity and
vehicle trips are on
the south side of University but this also these are
streets that are used as
thoroughfares north and south the site plan indicates that
there are two two
story units having four units total per each building and
one one story unit
having a four-bedroom multifamily unit these are the
submitted elevations
indicated from the applicants we've worked with the
applicants to upgrade
and make sure that these are high quality presidential
character in style
and care and and in composition they are walk-up units to
towards the rear the
face the front facing the Elm Street will be the front
facade here we did
review a landscape plan an alternative buffer plan for the
use of a two-sided
wood fence and that was approved by staff instead of a 20-
foot landscape
buffer required against the adjacent single-family area to
the east
considerations the NRBU 12 zoning was established in 2002
and anticipated
multifamily development proposed multifamily units are
consistent and
scale and density of surrounding properties North Elm and
Locust are
material thoroughfares that inhibit low residential
patterns the approach the
proposed multifamily complies with screening methods are
required by
chapter 13 of the DDC and the proposal complies with the
criteria listed for
approval of SUPs as outlined in your staff report so with
that again public
notifications were made with 21 92 and again zero
respondents we did hold a
neighborhood meeting and there were questions from a
handful of staff that
the applicant fielded and provided information to to
residents with that
staff is recommending approval subject to some conditions
that the SUP
substantially complies with the submitted site plan
building elevations
and landscape plan any questions please commissioner Ros
sell I think this be a
quick question what is low residential patterns is second
last side he said it
inhibits low residential patterns it's not really with that
vernacular really
the intent was to show that this is a unique condition in
the city where we
have single-family lots backing up to one side of either of
a thoroughfare
there are residential low residential patterns that follow
the future land use
map being that they are neighborhood context they have
residential streets
they have entry and exit from the thoroughfares and then
kind of circulate
through to other thoroughfares it's difficult to apply in
cutting in
context this condition of in between the streets as low
residential thank you
Commissioner Briegel thank you chair okay y'all know how
much I super love
infill like this is this is great because it's so quirky
piece of land and
I'm trying to think I mean I drive past it all the time
Ross do you have any
pictures of what's there currently I'm I'm like racking my
brain trying to
think of what there is a a wood structured single-family
home that's
right here I went knocked on the door to make sure that you
know they knew I was
going to place a sign on the property outside that it is
you know a there are
multiple kind of rental structures small multi-family small
single-family units
surrounding this corner of the street but the property
itself is just that one
unit just that one and well that unit that will disappear
yes what where's I'm
just carry where's Dan's meat market is that to the north I
'm just trying to
like yeah yeah okay that's great thanks Commissioner Taylor
a quick question
that might be more of an engineering question why doesn't
tell if tell you
Pharaoh connect to locust it's we own the land city owns
the land it's even
got pavement there but there's like a little barrier right
there it's been
there for a long time what I was told by our streets
department is that
telepharo dead ends I believe somewhere out in this area
right here reason being
I mean it's been closed for over what I was told over 30
years and I think the
reason I was told was that residents back then complained
about the amount of
cut-through traffic along that narrow street and so to sit
and decided to
close that to prevent that cut-through traffic it is very
narrow
sorry Commissioner Bruegel thank you chair is it open on
Bolivar there yes
and that's a two-way street so okay that's that's the
answer I can give you
probably more of an alley yeah yeah the pavement did go
through but there's
there are posts with a little metal you know guardrail
barrier across there like
some at some point we closed the street so just I just have
a comment I like the
project along with Commissioner Bruegel to see the infill
it's something I've
championed on this Commission over and over again so it's
nice to see that
redevelopment and it's nice to see the buildings and that
may be a design
criteria up against the street versus the parking lot like
the unit that's
further to the south there so I think it's going to be a
much nicer look and
more of a residential feel and the final comment and I may
have misunderstood in
your presentation I thought you said it the only access was
going to be on Tyler
Farrow but it looks like there's also an approach that
comes back out fire and
emergency and trash truck exit so is it going to be one of
those that's gated or
or it's just it's probably it's an exit only we have signs
on it may have signs
and hooded okay curves okay so the only entrance is off to
Farrell but it has an exit out right to Elm okay I
misunderstood your in your
presentation on the delineation there any other questions
for staff thank you
Ross again just to reiterate our item D which is Buckeyes
which is ADP 16 - 0 0
0 2 that is going to be continued tonight so we will not
have a
presentation here at work session and we will only open
that item in our public
session in council chambers and then we will continue that
item for anybody
who's going to be here to see that item it will not be
heard tonight so seeing
nothing else on our work session agenda I'm going to close
our work session at
620 and we'll try to reconvene at 630 in council chambers
thank you
[Music]
now we're good good evening and welcome to our planning and
zoning Commission
meeting for March the 9th it is 634 and this meeting has
been duly posted and we
have a quorum present and I'm gonna call our meeting to
order and our first item
of business is going to be to stand for the US and the
Texas flag
Texas flag to be Texas one state under God one individual
our next item of business is going to be to consider our
minutes and I'd like
that and then two separate motions one for the tenth and a
separate motion and
we'll take that one first
Commissioner Taylor I move approval of the February 10th
planning zoning
Commission minutes
Commissioner Beck I take the motion okay we have a first
and a second any
discussion seeing none I'll call for a vote on the board
motion carries six zero
with one recuse Commissioner Dudowitz yes chair thank you I
approve the minutes
February 24th okay I have a second
Commissioner Bribble I'll second okay the first and second
any discussion on
minutes seeing none call for a vote on the board
that Adam passes six zero with one recuse that moves us to
our consent
agenda
Commissioner Beck motion we approve the consent agenda okay
Commissioner
Dudowitz I second we have a first and a second any
discussion seeing none call
for a vote on the board
the motion carries seven zero that will move us to our
public hearing section
for this evening as a point of order on tonight's agenda
item D which is ADP 16
- 0 0 0 2 I'm going to change the order and I'm going to
open that item for
public hearing at this time and we are going to continue
that public hearing
until a date certain of March the 23rd
that will move us to our next item back on the order of our
agenda which is
going to be item a and I'm going to open the public hearing
for z 16 - 0 0 1 B
I'm going to turn that over to Manal for a presentation
thank you chair person
strange at this point if you would like to call the
applicant to make their
presentation the applicant here to speak please say your
name and address for the
record please and chairman members of the Commission my
name is Greg Edwards I'm
with Greg Edwards in engineering services we're at 1621
Amanda Court
pondered Texas basically our clients are interested in
developing a townhome
project at this location fortunately for us and in meeting
with the staff it
appears to be in it appears to be consistent with the city
's master plans
and we appreciate your consideration and recommendation on
to City Council and
Javier Rodriguez with the owner is here also if you have
any questions any
questions for the applicant thank you thank you sir at this
time we'll call
ask Julie Wyatt to make the staff presentation please
all right just a summary of the the request before you the
request is to
rezone the subject property outlined in yellow from NR 2 to
NR MU the location is
at the corner of Bonnie Bray and Windsor staff analyzed the
request and due to
site site constraints regarding a gas well as well as flood
plain in addition
to conformance with the Denton development plan I'm sorry
the didn't plan 2030 and
the criteria for approval in the Denton development code
staff recommends
approval of this request any questions for staff thank you
Julie this is a
public hearing anyone that would like to speak on this item
is welcome to come
forward for this item or feature items that will hear
tonight please fill out a
card and when you approach you'll have four minutes and
please have your name
and address again public this is a public hearing and
anyone who would like
to speak on this item is welcome to approach
approach and please give us your name and address and when
you're finished if
you will get with they have cards I think right outside the
door
mr. chairman I thought represent my name is Jose Montoya I
live at 3008 Beverly
Drive I work at Immaculate Conception Church and school and
I have several
questions regarding the application in the report that mr.
it would just
presented site history they quoted that there had been no
proposed plans for
that site there was a proposal for another church there so
that is a not in
consideration there the proposed site also mentions the gas
well not too long
ago we had a burst in that gas line close to 35 we are
right across the
street from that gas well the major building there is the
elementary school
building okay less than 500 feet the additional
construction which goes from
the two to four homes per acre now is 30 to 40 townhomes
the additional not only
traffic but the people traffic in that area would increase
multiple times that
in conjunction with the activities that North Lakes has on
Saturdays and Sundays
and weekends would additionally increase the traffic flow
we have four major
events that are taking place during the school year I mean
during the year that
being December 8th December 12th where we have over 1,000
people coming to
church and the traffic flow we occupy every parking space
every handicapped
space across the street in the city property of the park
and by the well and
at North Lakes we are a community of over 4,800 families
the additional homes
would also increase the I would like to call it family use
of our facilities
which we currently have with our neighbors to the west of
us who have
jumped the fence that we put up who to play basketball on
our courts to play on
the children's playground and have broken that on several
instances and we
have no recourse but to say homeowners Association can you
help us out that's
not our problem we also have the water flow that's coming
off of that
development the water flow is of concern we are in a flood
plain we are
taking water as we speak with even this rain the increased
water flow that is
mentioned in the report of going to the sewer okay is a
concern of the water
flow I know that it's easy to tap into the Windsor sewer
and water line but
you're not looking at the downflow of that sewer would end
up plugging up our
sewer which runs uphill halfway to the school and then down
to suit to Windsor
I would ask the following questions will there be a street
placed on the property
and if so where is the egress sites on that will there be a
sewer line placed
along Bonnie Bray that would help that development as well
as us we already
have the flow from the West coming on to Windsor and the
new buildings that are
currently there this would again put a strain on our sewer
lines which are now
going to Windsor we have no other way to get rid of our
switch will there be a
traffic light due to the increased traffic at the corner of
that
intersection Windsor Bonnie Bray we have a fire department
who oftentimes has to
run through there and traffic does not allow it to go
through will there be a
light place at the intersection let me conclude by saying
that the gas pumps
across the property are of concern to us if there's going
to be commercial pipes
or store thank you for your time a question for you yes are
you
representing the school this evening both okay I'm looking
at our notification
map at this time we didn't have a comment from you either
for against are
you indicating that you're against the project or do you
have just concerns
against okay any other questions
I had it on there sorry Commissioner back thank you chair
your concern about
the sewage that it's a legitimate concern how is it
functioning now is it
doing properly what it's supposed to be doing are you
having problems with it
now we have to shut down one of our facility bathrooms in
the chapel because
we couldn't get the sewage to go uphill it has to go uphill
to a level area go
across about 200 feet and then slow back down we are in the
flood there was this
just one incident or does this tend to occur when it rains
on it's been going
on many many years we finally had to shut it down three
years ago okay thank
you the only the only sewer line that comes up if I'm
mistaken would be to as
far as the Academy store and it stops there I have one
other question for you
Commissioner Roselle thank you chair previously this I don
't know if staff
can speak to this we had a capacity looked into capacity
when we're looking
at the fry Street Apartments has capacity been looked into
in the road
impact for traffic light and or the sewage sewage capacity
of construction I
know we're in the zoning process so it probably hasn't been
done yet that type
of detail would come at building permit okay thank you all
right actually at
platting when it comes to that points already done and then
we we end up having
to absorb the additional sewage well we'll have an
opportunity to review it
at preliminary plat to approve whether the project will
proceed forward or not
this is be just strictly for the zoning only at this time
thank you thank you
sir
again this a public hearing is there anyone else that would
like to speak on
this item tonight seeing none I'll close the public hearing
and the chair would
entertain a motion
Commissioner Tyler thank you chair just a few questions
kind of follow up
questions for staff first this might be a question to legal
do we or or Julie do
we know if we are going to reach a super majority threshold
with the property to
the south being in opposition we'll have to take a look at
that calculation in
time for the City Council and then my next two questions
are regarding
infrastructure and as you said the fine details of
infrastructure will be done
at platting right but I think we can we can generally
answer some kind of
broader questions here so there's a concern of traffic is
there any do you
have any estimation or perhaps Earl has some estimation of
the traffic count now
like well how much traffic goes on Windsor and Bonnie Bray
today and how
many roughly units would be allowed on the property I can
answer to the units
the density for it's it's five to six acres if we just look
at five acres it's
it would be 12 dwelling units per acre so it could be up to
60 units I don't
know if they could actually do that due to so much of the
property actually
being in the flood zone but but if NRME would allow the 12
units per acre
with regards to traffic you know a single-family lot
generates 10 trips per
day so I mean the maximum number of trips were talking
probably about 400
ships per day 40 based on 40 lots if they can physically
fit 40 lots within
this the confinements of this property with the floodplain
and all Windsor and
Bonnie Bray are secondary materials four lane roadways and
they have a capacity
of about I'd say about 25,000 ships per day for each road
way I don't have the
current traffic counts on me but we're nowhere near that so
right now we'd be
looking at as its zone now this could this property could
generate up to maybe
200 trips a day and based on 20 lines yeah and then with
the new zoning you
might be looking at apartments are slightly lower trips per
day I believe
than in houses so you'd be looking at maybe five or six
hundred trips per day
but you have a total capacity of 25,000 on basically both
roads so total capacity
of 50,000 cars today so at what point would this this doesn
't sound like it
would be enough to push us to the point of getting a
traffic light seems like
they will cost participate we foresee this being a signal
ized intersection
just because it's an intersection of two secondary arter
ials so they will cost
participate their proportionate share towards the signal
there okay but then
this this isn't the project that puts it over there this is
this development will
not warrant a signal at this at this intersection however
and then another my
other questions are regarding sewer we've had a neighbor
basically saying
that they're having trouble with their sewer line having to
run uphill and then
downhill to get to the street where what part of the sewer
line is the city
responsible for and what part would just be private
ownership there is an
existing 10 inch sewer line along Windsor which this
development will
connect to I'm not familiar with the sewer situation of the
church but if
it's going uphill sounds like it's some sort of pump
pumping it uphill to get to
this gravity line this development drain towards Windsor so
they should be able
to gravity and towards that the city only owns basically
the sewer line at the
road we own those sewer line on Windsor and depending on
how this development is
laid out if there's a public street system to serve the
interior of this
development to serve each lot then the sewer line and water
line within that
public street system will also be publicly owned so only
with the roadway
only if there's a public street though thank you
I think one other question Commissioner Dudowitz yeah my
question is Julie could
put up the slate zone and zoning map that we saw in work
session so that we're
all clear thank you the property that's outlined in red
south of the what we're
talking about yes that is owned the it currently is MRMU
which is what we're
asking for that property to be sold correct correct you
know the Catholic
Church is in that orange area correct so the property that
that is owned
currently they were asking me rezoned has the same impact
on those streets and
street sign and sewer if it was to be developed and I
understand there's
sale there's a for sale signs on that property now as it
furnishes both Windsor
and Bonnie Bray so we're going to have that you know both
properties are going
to have the same issues and they have to be addressed at
Platting yes all right
thank you
Commissioner Oselle I motion to approve Z 16000 1b
Commissioner Tyler second
first and second a discussion Commissioner Bruegel thank
you chair Mr.
Montoya thank you for being here this evening I hear a lot
of your concerns I
really do is specifically the the concern about the gas
well so close to
your property and so close to what could be a residential
neighborhood the
families with children and and I brought that up during our
work session and I
encouraged city staff to to get on top of this sooner
rather than later at this
time we're looking specifically at the zoning requests and
all these other
concerns that you have which I share with you we will have
an opportunity when
we see a proposed plat for this to go over all of those
issues so I want you
to know I heard you tonight that's going to be at a later
step though so just so
we're clear any other requests to speak
seeing none have a first and a second and I'll call for our
vote on the board
motion carries 7-0 at this time I'm going to open our next
item for public
hearing Z 15 - 0 0 3 4 and I will call on the applicant Mr.
Chairman and members
of the Commission my name is Lyle Drescher thank you my
name is Lyle
Drescher I am the chairman of the facilities construction
committee for the
United Way of Denton County we are under contract subject
to zoning to purchase
about five acres of property the sophomore Street and just
to the west of
Woodrow Lane that five acres is currently owned by the Dent
on Housing
Authority but I've already mentioned that it is under
contract to us subject
to zoning our desire is in order to continue to expand the
services of
United Way of Denton County and to better serve the
community we just
simply need to expand into a larger facility and our plans
are to build
approximately 11,000 square feet of office space and
auditorium space for
different community United Way agency activities we have a
staff here our
architect is here so we're here to open to answer any
questions that you might
have during the hearing and would also like to offer my
appreciation to the
planning staff who's been very helpful to us because we don
't do this very
often and they've been very helpful in cutting guidance
through the process
there's a Commissioner Hussbuth you have a question for the
applicant yes mr. sir
is it Dresdner Dresher all right let me get it back in
front me bear with me so
Ross could you help me with the site location the aerial
photo please sir
can you so my question is the entrance or the access to the
property on Moore
Street what studies have been done or what's the proposed
better question has
the access been vetted for fire for fire entrance to the
property exit with
whatever those specifications are in order for it to be
changed from
residential to EC1 it would need to be able to be accessed
by a fire and so I'm
just curious if that's been vetted or researched no it hasn
't been that's
we're looking at that as being part of the elements of the
site plan process
and so as soon as if the zoning is approved then we will
start addressing
those issues with our engineer and architect and the city
of Denton to be
sure we meet all the fire fire code requirements ingress
and egress
requirements traffic requirements drainage requirements and
so forth so to
follow up if I may do you have some level of assurance that
that is able to
be achieved if it's zoned if it's rezoned have you have you
vetted it at
all to see if that's even an option the way it's currently
laid out for it to be
structured such that it fits those requirements or meets
those
requirements yes we've had some initial conversations with
our consultants
and their conversations with the city of Denton we feel
pretty comfortable that we
can fill a usable facility on that on that property and and
be a good
neighborhood neighbor to the to the neighborhood around us
thank you please
approach the Kelly Morgan Nelson Morgan architects thank
you at this
stage we've just kind of going through some preliminary
studies of that with
this just being zoning we haven't gone into a detailed
study those will be
addressed during the building permit phase but there's no
problem with
meeting all the requirements of the fire we look at that on
a daily basis and
this site being accessed from or should have no problem
meeting those right and
if I may and so thank you chair so you just so you
understand my concern it's
it's almost before we put the cart before the horse I want
to make sure you
know there's been some that it not saying detail vetting
but vetting all
the same that that we don't get to a point to where we're
we're backed into a
corner if you will so that's I was thank you yes that's
correct any other
questions for the applicant thank you sir
in our rules of procedure you can have one other speaker
for the applicant
representative if there's someone else that would like to
present on behalf of
the applicant good evening I'm Sherry McDade at 1225 Wilson
Street here in
Denton I am the CEO for the Housing Authority and we own
the land I just
want to let the Commission know that the Housing Authority
is really excited
about this partnership with United Way we have a office
building but it's a
little bit too small and we would like to better serve the
clients that we have
now and we just don't have enough space and so we're
partnering with United Way
to have some space in that building to be able to have
meetings to provide
services for our clients I think that the building and
United Way themselves
will be a great addition to the community in the
neighborhood and
bringing in the services that they offer for the community
thank you thank you if
you will please fill out a card for us as well appreciate
that at this time I
will call on excuse me I'm sorry I apologize commissioner D
utta was just
for clarification will we have the opportunity to readdress
or ask questions
of the applicant after this point I believe we can ask them
to approach
again yes thank you thank you for the clarification at this
time I'm going to
call on Ross Culberson to come and make the staff
presentation for us please
thank you chair the slide before you indicates the details
and staffs
analysis and presentation of this project to you the
request is for an NR
from rezoning from an NR4 to ECI in employment commercial
industrial the
applicant owner as indicated with the United Way of Denton
and Denton Housing
Authority as current owner location as you have seen is off
of Moore streets
within the two two vacant properties they're shown staffs
finding indicates
that ECI would allow for the applicants use of office
community services it's
is in proximity to other community service uses around in
the neighborhood
particularly the Denton Housing Authority facility and the
Martin Luther King
jr. recreational facility that's in the area to service
didn't community in this
area staff finds that the request for the rezoning is
consistent with the
future land use map and any subject site design is
indicated by the staff the
applicant and the architect will be scrutinized at the
building permit
level for screening and appropriateness next to single-
family so with that staff
is recommending approval of this request to you any
questions for staff I see none
this time on board thank you Ross again this is a public
hearing anyone who would
like to speak on this item please come forward state your
name and address and
fill out a card at this time yes a public hearing anyone
who'd like to
speak on this item please come forward
my name is Ronnie Hanson live at 1700 Morris Street we have
two pieces of
residential property that are facing Morris that our houses
will be back up
to this this project I bought the property approximately
six seven years
ago knowing that it was residential property behind me now
it looks like
they want to change it up and build a office building back
here and let me
explain I have no problem against progress and a United Way
having a
building to me I have a lot of unknowns there's a lot of
unknown variables I
don't know exactly what this property is going to be used
for and I'm hard of
hearing so if somebody has said something that that I'm
asking and they've
already answered question I apologize but I don't like the
fact that they have
the entrance on on Morris Street and it's going to slow
down traffic we have
an elementary school we have a recreation center down the
street from
there whenever school starts up at the first year I have
cars lined up and down
my street and and with access on to more Street I don't
know how much employees
are going to be there I don't know what benefits there as
far as their auditorium
and that they're going to have people there what the
traffic's gonna bring I
don't know if they're changing the zoning for this now what
happens in the
future they want to change the zoning and have homeless
people living back
there or they want to have a soup kitchen these are my
concerns currently
right now far as about six months ago I lost two trees in
my backyard due to the
runoff coming back there it softened up the dirt my trees
fell over in the
backyard they're going to have a parking lot is it going to
make it's going to
make matters worse when my backyard soaking wet all the
time are they going
to build a parking lot whether it's going to be parking
lots shining in my
backyard and and in my backyard there's just these all-
known variables the last
meeting I went to they said well you don't if they don't
sell to us they're
going to sell to somebody else and you don't know what you
're going to have
behind you I really don't know what I'm going to have
behind me now because
they've already changed they're changing this from
residential to industrial they
can change it to something else and quite frankly if
somebody else would buy
the property they'd most likely want to have my property to
have access to Moore
Street and so I just have a lot of unknown variables and
until I get these
answer these questions I'm not happy with it there's just
there's too many
blanks that I'm not familiar with thank you sir do you
speak against this
assignment I repose this we didn't get any response when
the notices were sent
there was no reply so just for our records so I'll make
sure you're against
and I need to find out which pieces of property you own if
we can get staff to
pull up our notification map and if you'll show us where
your one or two
properties are located specifically so we can take those
into account
yes on this one right there yeah just one property this one
property yeah both
those were they can you clarify were they two properties or
one I own the one
property and somebody else owns a property next door to me
yes okay thank
you for speaking and will you fill out a card for us please
I think they have
some on the table outside and then may have one over here
at the end of the
dice for us okay thank you thank you sir
against a public hearing so is there anyone else that would
like to speak on
this item at this time seeing none I will close the public
hearing
Commissioner Taylor thank you chair so I think it's a I've
heard a little bit
about what the United Way of Denton County is planning on
doing at this site
and I think it's a really good location and I want to just
thank you for all the
service you provide to the county and I also appreciate
that it's a partnership
with the Denton affordable housing coalition I do have some
some concerns
and questions regarding the potential intensity of this use
this is
employment center industrial it's a light industrial office
and light
industrial type use and it is what is along Woodrow but
this makes a very
stark transition across the back fence even with the veget
ative barrier even
with the row of trees and shrubs you're going to have you
know a backyard of
swimming pool playset that kind of thing and then across
the way and allowed use
will be heavy vehicle servicing light manufacturing even
though those aren't
your proposed uses this rezone would allow those uses and
if anything were to
happen in the future you know the if with you know whether
it's 10 years or
50 years from now do we'd have this collision of potential
collision of uses
and so I would like to find a way to allow the office space
and community
services that you're proposing without putting potentially
light industrial
across the back fence from a neighborhood and and I'm
looking through
the allowed uses and I see even in it so in order to
prevent what might be
referred to as spot zoning we don't want to introduce a new
zoning category in
the area so we have neighborhood residential and then kind
of this
employment center but those those both are families of
zoning and just looking
at the just looking at the allowed uses it appears that
office space and
community service are both allowed in like an NRM you which
is a neighborhood
residential mixed use while very few of the potentially nox
ious industrial
printing manufacturing so forth uses are allowed in like an
NRM you category so
either if and I think this will take a little research but
I would propose that
we look at either NRM you or perhaps if that doesn't work
ecc or another kind of
intermediate use that isn't as industrial as the uses along
Woodrow and
I I believe this would require us to table this and do that
research and
hopefully within maybe two or four weeks come back I don't
know what the
timeframe the fastest timeframe that could this could be
done I have to give
an opinion on that if the applicant is comfortable with the
discussion that the
planning and zoning commissioner commissioner teller that
you're having
with them then they would have to come back with a revised
application or a new
application requesting an alternative zoning district to
accommodate their
use or uses but that in this case that could be as simple
as you know
verifying that NRM you is appropriate or ecc or one of
those other uses is
appropriate correct that's correct we would we did evaluate
the just to
iterate we did evaluate the ecc component however the
recommendation
that staff has that is favorable to recommend favorably for
changing zoning
to ECI was primarily because of the existing land existing
zoning pattern
that is to the north to the east and to the south of the
property so it was a
comprehensive zoning designation that we intended to do we
also looked at the
parameters set before us in the Denton Development Code as
it relates to
setbacks landscape buffer requirements and existing top
ography on the site and
that is why we thought we thought that this would indeed be
a favorable zoning
case a favorable zoning category excuse me because through
revitalization or
redevelopment because such a large area is already zoned EC
I that this would be
a logical one extension of the existing ECI and secondly it
would be more
comprehensively developed should redevelopment occur that
was the intent
of that was the staff analysis associated with this however
we would be
more than happy to review other zoning categories to see
the or to analyze the
appropriateness of other districts and associated land uses
excuse me I didn't
have my microphone on if the question is looking to do that
as a whole then the
next available time for it to come forward to you would be
April 13th
because we have some gaps in our schedule and we have to
have time for
the publishing of a new notice to incorporate the new
zoning category
Commissioner brutal thank you chair a couple of things
piggybacking off of
Commissioner Taylor's is it possible for us to rezone this
as ECI but also have a
condition or an overlay such that whatever is built on this
property is
more of an office park and less industrial or have an
overlay so that
if ownership should change hands at a later date from
United Way to someone
else you all move locations because you're doing so many
great things you
have to expand even more right that there's some sort of
overlay that then
this zoning would maybe revert back or something is there
is another was how how
can we meet the needs of the United Way and also protect
the neighborhood from
any few decades down the road any sort of conflict between
what is an NR for an
ECI so I'll call on staff to get an opinion on that yeah
you may be able to
use a residential protection overlay which is consistent
with what you're
looking to do which is protected decent property uses that
are residential when
you have a commercial property or parcel come in you would
have to notice that
individually you can do it in conjunction with the change
in the
underlying zoning but it would still have to be tabled for
a future time so
that we can notice it properly would we be able to get that
to come back to us
so quickly I mean with the staff hours can we can we turn
it over that quickly
and see it again in just another month I don't want to
delay this forever no we
absolutely understand this sensitivity sensitivity
associated with the project
that United Way is pushing through they have their own
milestones that they have
to meet as well in terms of their timelines on their
project plan so we
complete we're very cognizant of that however we do have
statutory
requirements as it relates to notification processes and
procedures so
we have to meet certain timelines at this point we also
have to address are
we looking at a different zoning category so we would have
to understand
what the wish of the Commission is based on that we would
then reanalyze
other zoning districts to assess the applicability or cohes
iveness
associated so it's it is a difficult one when you talk
about changing the zoning
so then I guess I would be more and pardon me for
interrupting but I guess I
would be more in favor of whatever could get us to that end
goal more quickly
what if it's if it's considering a different zoning
classification that can
get us back in mid-April then let's do that if it's a
simple re-noticing within
the possibility of an overlay a residential overlay as you
stated then I
would be more in favor of that because I want this to
happen but I also want to
protect the neighborhood so and then I have another
question after you guys
kind of hash that out so we will we will revisit the dates
as it relates to
notification and we will also have to have a very quick
meeting with United
Way to get their feedback as well because I'm sure they
have specific or
intended future uses of the property expansion programs but
it would be
specific to their auditorium and their office uses and
their needs regardless
whether we look at a separate category of an overlay or an
overlay district we
would still have to meet those notification requirements so
we are
minimum talking I would say a 30-day setback at the least
at this point
another question then I guess for the applicant there there
were no official
notifications that came back to us either for or against
this this proposed
rezone but I understand that you all had a community
meeting and I was wondering
if someone could maybe kind of give me a synopsis on that I
know we had some
backup materials about that as well but if you could just
kind of walk me
through like well how you know how did that go what do the
people think where
you know what's the neighborhood think of this yes I think
in your your packet
there were I think a couple of signed up sheets and one
notification we held two
public meetings in the month of January one we held at the
Martin Luther King
Recreation Center and the invite list was basically we used
the the the buffer
the buffer description where you had the the the 200 and
500 foot buffer zone and
we use that kind of it as an invitational list to be sure
we we tried
to invite as many people in that particular area that could
be affected
one way or the other by by what we were proposing to do and
we just at both
meetings we just outlined what we were going to do and what
we're planning to
do and what we were how we were working with the Denton
Housing Authority to
make that work and then we also went to the Sedna
neighborhood meeting for the
month of January and made the same presentation and just
addressed any
questions questions from that group that night and I was at
both meetings and
they went well I think they were we had plenty of good
questions that were that
were I think addressed and addressed everyone's
satisfaction the best we
possibly could knowing what we knew at that that particular
time subject to
going through the process of zoning and things like that
and you feel it was a
pretty good turnout I mean the weather was decent and it
was you know whether
was extremely good and and I would say yeah in the
neighborhood meetings that
I've been in I've attended I think that it was a good it
was they were well
attended okay we always wish there were more people
attending always as you all
do too but but we get what we we have coming out to to make
those and since
those community meetings have you had anyone you know
neighbors talk to
neighbors and oh did you know United Waste doing this has
anyone contacted you
with further questions or concerns about this to my
knowledge we haven't okay
because I'm pretty sure that the CEO would have you know
contacted us and try
to address them thank you
yeah I have excuse me mr. chair may I have one I have one
question about the
proposed change in a zoning district the the proposed
zoning district the ECI
proposed zoning district is consistent with the land use
plan if we go to a
different zoning district that is not consistent with the
land use plan what
happens to us we're not planning to do this but what
happens to us if we would
if that property would sell or or the uses would change and
we would know all
of a sudden be not consistent with your land use plan how
do we we would be we
would have an issue then as the owner if you choose if if
indeed we did follow
the path of changing the zoning district to another
category other than the
proposed ACI and if an alternative zoning district was
approved on the
site then the land use is permitted permitted uses within
that category
would be applicable to that specific site or to this
subject property it
would not create a nonconformity in terms of uses it would
create and I want
to use this term loosely now the nonconformity as it
relates to
compliance with the comprehensive plan. Commissioner Hatchb
eth. Thank You Chair
yeah so all great points I would like to see where we fall
where those I looked
at the the categories I think it's a fit again but I I'm
curious that the one that
Devon proposed I think it's a good fit I have some other
questions but I can
email email those directly to the applicant applicant to
try to get some
of those stuff because it's down the road some of those
things but also I
was curious about mr. is it Hanson is that right yes sure
is he okay
Matt asked you another question if you could would you mind
please coming back
to the podium please
yes sir so understanding your overall position you are amen
able to better said
your concerns if those are those are satisfied you're okay
with the property
I mean the the proposing what's proposed oh overall it's
just there's you have a
couple of concerns is that am I framing that right yes and
no I mean I think
everyone of you guys had a five acres behind your house and
all of a sudden that
was on for residential and they're going to change it to
what they're going to
wind up changing into I don't think you guys would be too
happy either I don't
see why just this small part of property is sticking into
to commercial or
industrial and I mean as you can tell it's it's encroaching
is crouching right
now currently in the side street next to there probably
half the houses are rental
properties and now once this goes up the people that are
trying to sell their
house and they've got this warehouse in the back they may
not get the money that
they want to and they have to turn it in rental property
and that's what I may
have to wind up doing because I'm not quite sure if I'll be
able to sell my
house when there's got a big office complex behind me so I
like I say I know
United Way I know it's a good deal it's great that if you
can get a lot of
nonprofit organizations together it would streamline things
and make things
better it's just I don't like it that is it's into an
industrial thing it was
facing Woodrow I would be entirely okay with it but with it
coming out onto
Moore Street right there from me with the school school and
the recreation
center and the traffic and all the unknown variables like I
say they're
changing it from residential to industrial what did they
change it from
something else after that and and now me and my next-door
neighbor have a small
piece of property it goes industrial goes commercial nobody
wants to buy a
tiny little piece of commercial property and I'm stuck you
know I'm stuck with the
house that I can't sell and then I have to turn in rental
property and then all
the other houses turn in right rental property and then the
value of the
property goes down so okay all right thank you thank you
thank you
Commissioner Rizzo thank you chair excuse me I'm for this
project I would
like to see it happen and talking about the protection of
the neighborhood to
the West I think is important and valuable from what was
brought up so far
that I have some questions and looking at the the uses for
an MR in our MU an
office building under 25,000 square feet seems to be
aligned with that but as
Commissioner Taylor pointed out I think we get into spot
zoning to that point in
it and in what a mustard colored and blue map here we're
gonna put in red
right in the middle so I'm not necessarily in favor of that
but legal
said something about a resident protection overlay for
commercial use is
that for when you say commercial or you just for
clarification are you referring
to the use or the zoning for a resident protection overlay
well that that would
be the the provision that we would have to research further
to make sure that
this could apply to this property so we don't know if a
resident protection
overlay would even work if we approved an ECI zoning
correct well what we would
do would we would table this or continue it until a date
certain which would be
April the 13th and at the same time on that same agenda we
would have the
overlay considered as well without we can actually put that
that could be an
option the overlay well that's what we need to research
further generally the
residential protection overlay is for the purpose of
protecting those adjacent
properties that are residential and I just am not sure if
it applies at this
time to ECI as the underlying zoning so we do need to do
further research on
that so that brings me to a thought that we could table
this for a month and
what I would be a proponent of potentially might not even
be an option
and now we're back to an NRMU which doesn't seem to be al
igning with the
land use or an ECI again or maybe an ECC but again an ECC
would I don't know if
it aligns with with our our future land use if we overlay
that it clearly is
employment center so I'm not I'm not sure about tabling
this for another
month if it's going to bring us back to this same the same
position that that's
more questions than answers I understand but that's some of
my thoughts that I
have right now Commissioner Taylor thank you chair I just
wanted to address some
of Commissioner Roselle's comments so since there's already
a large area of
existing EC category zoning and a large area of NR
neighborhood residential
category zoning those are the two families that we could we
could use if
we went to like a CMG or regional type zoning then you'd
have you'd be
introducing a whole new family of zoning but NRMU is is
considered compatible
part of the neighborhood residential zoning so to go to
have this NRMU it
wouldn't be like introducing a new zoning category it would
be a slightly
more intense subcategory of NR and a more perhaps I feel a
more appropriate
buffer between single-family homes and the more industrial
use and so I the
more I'm the more I'm looking at I just actually thought of
this while well the
public hearing was going on and the more I look at it I do
feel like NRMU would
be the most appropriate category because it would allow the
office use up to
25,000 square feet which is approximately twice as large as
the
current plan and community service you know and any ancill
ary use to those two
primary uses and in regarding the future land use map we
intentionally have those
gradient areas at borders because we know the borders are a
little fuzzy and
we need transitions especially when you go industrial or
you know kind of an
industrial use to residential use you want a little buffer
in there somewhere
so we might want to revisit the future land use map you
know in the future to
to move this over a hundred yards but I think it isn't like
we're going into the
middle of a future land use zone and sticking something
completely different
in it. I'm gonna make some comments as well I understand
there's a lot of
different opinions on this property and I think some of the
questions that came
up when a work session about accessibility off of Moore
Street if it
will work for fire and and utilities have been addressed in
a very informal
manner but knowing the individuals involved I feel very
confident that those
criteria can be met with this. I also feel like since there
is already existing
ECI and it already backs up to this neighborhood to the
south and to the
east that this is a very appropriate zoning I don't see
some of their
concerns the criteria with a an 11,000 square foot building
on a five acre site
that's going to be roughly 215,000 square feet where we're
down at
essentially 5% or certainly less than 10% of a building
going on that large of a
piece of property and I do know that we'll also have at
least I believe a
requirement of a 30-foot buffer against that neighborhood
and so while I do
appreciate all the other commissioners concerns I feel this
is an appropriate
zoning and I know that there's probably some time
constraints that this
organization is working under and I personally would like
to see this this
case move forward so those are gonna be my comments and I'm
gonna call on staff.
One avenue that perhaps might be available in order to
ensure consistency
with the comprehensive plan to show cohesiveness with the
zoning districts
is in fact to introduce an ADP which shows advanced
screening mechanisms or
advanced landscaping to protect physically protect the
adjacent
neighborhood so when I say that I speak to and I'm not
tying any the applicant
town to this but I'm speaking of potentially a masonry
screen wall with
specific tree plantings offset a few feet on center having
that distance or
that separation of the buildings enhancing the landscaping
where the
visibility corridor is a little stark these are just
examples of using site
design and tying that site design to an alternative
development plan as it comes
forward because staffs only concern we don't we don't whole
heartedly disagree
with with the Commission and we completely understand the
concerns of
the Commission as well as the surrounding property owners
but if we can
use an avenue that enables the longevity and expansion
program for United Way
because that is a huge possibility that's in front of us
right now what we
have is a built-out plan but there is an opportunity or
potential for that to
increase however if we can use the site design mechanism
which is an enhanced
mechanism to introduce these protective measures would the
Commission be
amenable to that this is just a thought or a suggestion
from staff at what point
would we add that to our recommendation I'm gonna lean
towards Jennifer de
Curtis on this but I think we could come back for an
individual consideration
item fairly expeditiously once we sit down with the
applicant and bring that
forward so the Commissioner Roselle thank you and I'm not
trying to jump in
front of Commissioner Burgl I apologize but is the ADP done
at the zoning or the
site plan can you clarify when we can yes the ADP is a site
planning function
the intent of an ADP is to have enhanced site design
criteria it is not a variance
procedure but in a it enables an applicant or a developer
to use specific
design criteria if they can't comply completely with the
Denton Development
Code in this instance we would use it to enhance this site
as in as a screening
anesthetic mechanism to protect the adjacent neighborhoods
should everybody
be amenable to it Commissioner Burgl and as that's fine
question there was all
not a big deal so but I hear that and my concern is not
with United Way backing
up to the neighborhood it's 50 years down the road when
they expand and sell
this property could then that who I mean we have if we had
the ADP in place then
couldn't the next property owner just kind of bulldoze over
the the you know the
the buffer zone and all the trees that we had because they
wanted to build
their the ADP to the applicant and I don't want to put any
more burdens on
the applicant you know it's this it's the next it's the
next property owner
that I want to make sure is still compatible with the
neighborhood I think
what might be an option if I could is the NRMU designation
which you talked
about the transition from residential to commercial that's
what it's for and then
having the ADP act almost as an overlay to restrict it
further with conditions
for the applicant is it are we allowed to if we can't do
the over the
traditional overlay once I researched that topic okay so
can we is NRMU
considered a less restrictive zoning category than ECI and
can we can we
recommend NRMU tonight because it's less restrictive and
just move forward with
that
do you want to answer that question because traditionally I
do not I am not
a proponent of doing that without certain things falling
into place because
I don't want to get into the practice of just down zoning I
guess at the
Commission without proper notice so generally I would make
them come back
and put it on the agenda probably legally could we do that
that's my
question I am I understand and I and I feel I think
traditionally you've done
that okay so I certainly don't want to disenfranchise
anyone I think it is a
gray area legally and that you have traditionally done that
I don't know if
it's appropriate in this case but I will leave that to your
determination okay and
before I ask the applicant if they would maybe be okay with
that what this is
eventually gonna have to go to City Council what fail-safes
could be put in
place between now and when they go to City Council that
staff and the
applicant could work together with so that our concerns
when it gets to City
Council have already been addressed to protect the
neighborhood 50 years down
the road like what what could what can staff do you could
not recommend an ADP
tonight in order to go to council you would have to have
that as a separate
item and the ADP though it's a good suggestion doesn't
address my concern of
decades down the road it's putting more a bigger burden on
the United Way which
I don't want to do I want to protect the neighborhood when
when and if this
property sells many many years later and the ADP I don't
think meets that
addresses that in the way I would like for it to so so
things like so if we
approved the ECI rezoned tonight what sorts of
recommendations could we make
to City Council that they could implement when they when
United Way goes
to them is there is there anything now it's just considered
a straight underlying
zoning whether or not we can add the overlay or whether or
not you want to
add an ADP those are the only options really to you can't
put conditions on
your underlying zoning you just can't so you have to use
one of those other
avenues or a different tool to do that and we just don't
have that notice
tonight it's the problem okay and then I guess I have a
question of the applicant
then so you're hearing these concerns what would you be
amenable to an NRM you
rezone since it is in the same as Commissioner Taylor said
the same family
of zoning for residential approach I don't know because I
don't know what's in
it your your project is in it you could build your project
in NRM you I think so
pretty sure I can tell you our discussions with the cat
with our
consultant is that we talked a lot about drainage we talked
a lot about the
protection of the neighborhood we can you show that pull up
that aerial and
because I can talk a little bit you can see what I'm
talking about there is
there's a significant amount of tree canopy right in the
middle of that
tract of land you see it right there and then with the
required setbacks of our
building that building is going to be tucked in behind
those trees with the
idea that we are our intent is to save every tree that we
possibly can subject
to having to do something to to handle the drainage and the
detention
requirements it may that may be required when we get to
that point but
that building is going to be pretty much in the in the
middle of that tract of
land in the skinny part there to the east of those trees
with the idea that
we're going to protect that that tree buffer plus the the
setback and the
landscape buffer that we're also already required to do so
we fully intend to
meet or exceed the site plan requirements from drainage
landscaping
lighting whatever and I and I fully believe you I really
truly do this is a
fantastic project and I really do want to see it go forward
and I believe that
that your project is not going to have a detrimental impact
on the neighborhood
my concern is 30 40 50 years down the road when United Way
were to sell this
property and and to someone else and build a bigger
location elsewhere then
what happens then it's it's zoned for this heavy this
heavier use that I'm not
sure is compatible with the neighborhood so I just want you
to be clear like I'm
in favor of your project I'm just thinking generations
ahead what would
happen to that that buffer zone we narrow we knit by this
zone we do narrow
the buffer zone but that buffer zone is there now wider but
it will be narrower
there's still going to be the the ECI next to it next to
whatever might
encroach upon that that property right and that's what
Chairman Strange said
too and I I see that I recognize that but you become the
buffer for the
neighborhood as opposed to commissioner Taylor is you
become the buffer which
makes you a benefit to the neighborhood as opposed to a
potential risk in the
future so it sounds like you're you need to do more
research as far as NRM you
being appropriate for your any plans you might have yeah
because I don't thought
sure we know exactly what that what what we're being sad
dled with cost-wise what
it does with with the layout of our of our building
footprint our parking and
those things that were again those were sensitive to those
issues because those
will impact the surrounding properties so would it would
you have time to
ascertain if NRM you will work for you by April 13th April
13th in approximately
four weeks four and a half words the timing has been
perfect up to right now
we are we are scheduled to close is at the 14th of April so
please approach
you that way thank you all for indulging us today we're
really pretty consistent
on our idea and our plan we can't plan for 50 years down
the road as much as
the city would like that we can't tell you what somebody
else may build or do
with the property if 40 or 50 or 20 or 30 years we we
change it we do know the
zoning classification that we requested is the zoning
classification that's
consistent with our use it's also consistent with the
future land plan for
the city and as such that's why we're very you know we
really need to jump
start the process and not put it on hold we also are very
sensitive to our
neighbors and in the reason why I can tell you we're
sensitive to our
neighbors is we went out ahead of time to go talk to our
neighbors we are going
to do what we can to make a project that beautifully
enhances that neighborhood
but we need y'all's help in doing that we don't really have
the luxury of
waiting another 60 or 90 or 30 days of doing that our
position is it fits
within the current classification and so with all due
respect and indulgence we
hope that you will agree now this is just zoning so there's
a lot more we're
going to come before you on like what does it look like
right what are we how
are we buffering it what things are we doing for traffic
for fire protection
those are all other opportunities for us to refine our plan
but we have to get to
that first step so again with all due respect I would
respectfully request
that y'all approve the zoning and allow us to continue on
the path of providing
a beautiful structure it's not really in the neighborhood
it's it's really on the
fringe of the neighborhood but will greatly benefit our
neighbors the other
thing I would just throw this I was looking at and I wasn't
really prepared
today to talk but I was looking at the map and I was
looking at the future use
map and if you look at where this property is it's in our
form right which
is neighborhood residential four units per acre is correct
so you have a lot of
content permit you have a lot of potential density in that
neighborhood
just with houses now let's look to I guess I want to say
okay so if you look
right over here we can't see because I can't point right
over here well this is
all it if we take the logic and we continue to move forward
with this well
this residential neighborhoods also next to light
industrial so at what point
do you stop right what point do you say no but we do have a
beautiful project
and and we hope you'll support us but you got to follow the
logic I think a
little bit that our goal I think is consistent with the
city and consistent
with the use so again thank you so much for indulging me
and give me the
opportunity may have one more question for you Commissioner
Hudgemith do you
have a question for the applicant yes sir thank you and so
I agree with
everything that's said here my the one thing I've not that
I think we get back
to and and just as succinct as possible is we all trust
United Way it's great
but ignoring the fact that there is a field directly across
Woodrow that's not
developed there's a field across the street that's not
developed Denton is
going to continue to grow Denton and that part of Denton is
a hotbed for
growth to ignore the fact that United Way is going to keep
doing great things
and grow and grow and grow and at some point potentially
outgrow that house
that new facility would be short-sighted so looking long-
term what that I get we
get back to long-term what what skin in the game what assur
ances that when this
sells it's not going to go to something else can you give
and that's where that
zoning comes in because it protects the residents from the
other side of the
property gets developed and it's United Way is outgrown
that space and it can
sell it at a premium and it does the neighborhood is kind
of doesn't have an
opportunity to address that issue and that's that's kind of
that long-term
plan is really what we get hung up
well there's a couple things one and again one prepared to
talk today but I'll
be happy to address it to the extent I can you're
outstanding so if you look at
the property in this shape it's a very unique shape piece
of property it's
five point something acres of land well one of the things
is once we we get past
this process you're gonna have to look at where we're
putting our building
right not at all relative to drainage and see my thought is
I mean there's I
can't talk about what a future owner may do as you know I
mean you just can't
bind a future owner well we could by restricting the zoning
okay but future
land use map again says what it says sure so looking at the
property itself
and the unique characteristic of the property if we put a
ten or eleven
thousand square foot building in it naturally it's got to
go in a place
because you have to parking too it's got to go in an area
that is going to be
consistent with where all the rest of the contour of the
property is where
drainage has to go and I think if you know that I think the
drainage flows I'm
looking east-west I think it flows west yes that yeah that
ditches to the yeah
so yeah northwest so we're gonna have to provide some
drainage right so the
building's really going to be stuck more in the back middle
of the property to
the east is what I would think so I think that kind of
protects because what
do you do with the rest of the property Charlie can be
parking lot and sure no
no I think so so yeah I don't know how to answer a question
about the future
because our goal is really not to leave the property sure
okay and if you look
at history United Way has been in rental space what's when
did we start since the
1950s in about you know two to three thousand square foot
of rental space the
idea behind why we want this property so bad is we have a
great relationship with
the Housing Authority and it's a mutual benefit
relationship so if we're able to
build our project they're gonna benefit we're gonna benefit
in the neighborhood
well so I didn't answer your question but that's kind of
what we do sometimes
yeah
I think it's great I think I guess my really I get to if if
we could build a
project and protect ourselves both why why would we not do
that and that's
that's kind of my thought but yeah neither here nor there I
think in some
respects you have to have some faith absolutely thank you I
have the floor
next I've heard a lot of different points and discussion
tonight on this
and I know everybody's passionate about their opinion and I
'm going to just come
back for simplicity sake from my zoning experiences that
the proposed zoning is
in compliance with what the Denton plan is and there is
already this same exact
zoning to the south of the property and I have good faith
that the applicant is
going to be cognizant of the neighborhood that's their
charge they're
there to serve the neighbors and their community and I have
full faith that
they will continue to do that and with that said I'm gonna
go ahead and make a
motion to approve this as proposed and see where we go with
it
Commissioner Dudowitz I haven't said too much yet but
because I'm listening and
we have listened to a lot of discussion even in the work
session I believe it's
the proposed is consistent with the future use plan I think
it works very
nicely within the confines of what we're looking at here I
do believe that the
applicant will protect this property as best it can and
then something you can
think about if ever whenever 50 years from now who knows
what's going to
happen I mean we don't know what's gonna happen tomorrow
but they could in the
benefit of the community suggest in their selling process
if ever they do
they put restrictions on it at that point in time and it
can be done it's
been done it happens all the time so I second the motion
thank you okay thanks
for the second we have a first and second and we'll now
open for discussion
Commissioner Brighill thank you chair I am in support of
this of this project I
truly am and my concerns about the neighborhood I do not
want to slow down
this process so I am going to vote in favor of this because
I know that you're
going to bring a lot of good to the neighborhood and I'm
hopeful that as we
work on redoing our debt and development code in the future
that we will have
more options rather than this or that which neither one
really kind of fit
what we're trying to do so I'm sure that staff has been
taking a lot of notes
tonight thinking about how we can maybe better address
future conflicts like
this but I am going to support this project because I do
think it's good I
think you guys are doing a great job for the neighborhood
and and as you said
Commissioner Strange that it is bordered by bordered by ECI
throughout and
United Way is supposed to be taking care of the
neighborhoods so I will be
voting in support of this Commissioner Beck thank you chair
and I'll be brief as
I can and I do approve of this project too I'd like to see
it going forward so
I'm gonna just throw a crazy thing out there and this may
be more legal
anything is there any way to commit future PNZ's to
consider the issues we've
been addressing here and you're shaking your head no okay
you can't find a
future commission can we make any attachments to this well
we'll have the
minutes yeah the discussion and any time that Commissioner
can always go back and
listen to the hearing and see it on video and just hope we
have as dedicated
a PNZ then as we do now that are concerned about okay thank
you okay we
have a first and a second and any further discussion on
this item for
calling a vote seeing none I will call for a vote on the
board
motion carries seven zero thank you congratulations at this
time I will go
ahead and open the public hearing for s 15 - zero zero one
eight and I'll call
thank you good luck with your project let the room clear
just a minute and
I'll come back to it and ask for a public hearing we hit
our Donnie
we have opened the public hearing for s 15 - zero zero one
eight and as our part
of our procedure we will call on the applicant first and
then a representative
the absolute speak second if you'd like each one of you
will have ten minutes
and as you approach if you will give your name and address
for the record and
then we'll need a card filled out as well thank you chair
commissioners city
staff my name is Yolanda Voral I reside at 2201 Geneva
Circle here in Denton
Texas I'm the lead designer for Tim Beatty builders in Dent
on and mr. Beatty
is also the owner of this proposed development I'm here
tonight seeking
approval for a special use permit for an infill development
of 2216 North Elm the
property currently consists of two lots one that's vacant
and the other has a
single-family residence of 881 square feet that was
constructed in 1946 it's
seen better days the property zoning is neighborhood
residential mixed-use 12
which allows us to develop the property with nine units
currently the
surrounding zonings are a mix of residential duplex multi-
family and
commercial and we feel the project will be compatible with
these zonings we sent
mailings to residents within 200 and 500 feet of the
proposed development mr.
Beatty received phone calls and positive support I received
one asking if he
needed a leasing agent we hosted a neighborhood meeting
here in the
chamber and we received input from one resident who showed
concern for tree
protection during the construction phase we took action by
revisiting the
landscape plan with our landscape architect he clarified
his design
calculations and we touched base with her and sent her a
site plan so she
could review it it's our intent and to our advantage to
save as many trees on
the side as possible even if we don't get credit for them
mr. Beatty is a
longtime Denton County residents he's owned properties and
a business in the
city of Denton for more than 30 years he's a quality
builder in our community
and this project will be built to his high standards we've
worked closely with
the city staff to reach to this point and we feel the
project will complement
the neighborhood our tenants will be provided with a
quality build on a well
landscaped lot with open area for their enjoyment we're
here asking for your
approval for this SUP tonight so that we can move forward
with the permitting
process and mr. Beatty and I are here to answer any
questions you may have
any questions for that thank you very much
would you like to speak as well another applicant
representative no okay no we
might call on you in a minute thank you at this time I will
call on Ross
Culverson to give our staff report thank you chair this is
s-15 18 specific use
permit for multifamily dwellings on point eight acres zoned
in our mu 12 as
mentioned the applicant is Tim Beatty builders site is
located on the
southeast corner Telaferro Street in North Elm Street and
within our staff
findings in your staff report we point out that similar to
what was available
said there are multifamily units and single family units
throughout the the
street pattern there we find that the units that are
proposed are in scale and
are compatible to adjacent uses I do want to point out the
site plan that shows
the indication of where the frontage is of two-story to two
-story buildings and
then a one-story building towards the rear with a parking
court off of
Telaferro and a exit only emergency access and excess for
trash trucks
exiting the property on to the one way North Elm Street
there to the south
these are the elevations as presented from the applicant
and working with the
architect staff gave some input and the applicant was amen
able and worked to
provide a good product and I believe that this provides a
good street face
to Elm Street as for new infill development in this area so
staff is
recommending approval subject to the conditions and we get
to the
recommendations section here just a condition that the
proposed development
shall substantially comply with the attached site plan
building elevations in
landscape land submitted with the project I can answer any
questions you
may have any questions for staff see none thank you Ross
with that I will
close the public hearing on this item and I will open it up
for discussion or
emotion Commissioner Hudge with I move approval
Commissioner Bribble I love infill development so I will
second the motion
a first and a second any further discussion or comments
seeing none I'm
looking forward to voting for this as well I like seeing
infill development
and I will call for a vote on the board
motion carries 7-0 congratulations and good luck on your
project that moves us
to our project matrix or any concluding items Commissioner
Rizzo I'll start this
by not knowing where this is gonna end I find it really
confusing when the
applicant for a build is also submitting a rezone because I
think it just blurs
though like we're talking forever about what United Way is
doing and it seems
like the zoning aspects shouldn't even matter what United
Way is doing I don't
know there's a way to bifurcate those legally or anything
like that maybe just
me but it happened a couple of weeks ago and thankfully
Commissioner Taylor kind
of sidebar me and made me think about them separately but
so often we have the
applicant for a project doing the zoning when we get so
focused on what's their
building gonna be like what's the permits gonna be like and
it changes the
focus from the actual just let's look at zoning alignment
and I saw it firsthand
tonight United Way was speaking more to what United Way is
gonna do rather than
what the lands gonna be used for and so maybe I'm just
vocalizing my confusion
during those times there's a way that can just maybe
personally be clarified
for me or way that that can stay on point I'm not sure
again I don't know
where this ends but it just seems to come up a couple of
times in my short time
here it's just like we need to clarify those are discussion
tag along with that
too real quick because I because I agree because remember
when we saw the the
reason on the corner of actor and University yeah and and
the neighborhood
was really upset because they were drive-through
restaurants and I had
wondered if if the applicant hadn't come forward with that
proposal if it was
just looking at the rezone if there would have been as much
of a of an outcry
about that so so I think sometimes it can confuse both the
neighborhoods and
the Commission when we were should be looking strictly at a
rezone and then
looking at the project down the road so I I agree with you
and I don't know how
you separate those but it just seems to be a recurring
confusion can I speak to
that sure how do you separate them when we look at plats
you know first plat
second plot we're just see lines we don't see what's going
there or whatever
we don't know so that's a little bit simpler but I agree it
does kind of
cloud and we got into it so I don't know what the answer is
there are some staff
to give some clarification on this there are some
suggestions that we can make
and we can put that on a future work session perfect
Commissioner Hussbuss I just wanted to update everyone that
I have been in
communication with mr. Mays in the parks department over
the bike paths that was
kind of redirected to him so he's out of town but when he
gets back we're going
to meet and we're going to talk bike paths and he's
identified some property
that the city owns that he thinks may be a good fit and so
I'll probably allow
him to update at some point but I what I'm pursuing with
him and discussing
with him is a way to have those paths funded by private
dollars but businesses
so target has partnered with the city on different projects
so target buys a
segment of the path and market its markets are tags it or
advertises on it
how they wish and so instead of spending advertising
dollars on TV and ads where
it gets fast forwarded past you have a permanent brand on a
path here in town
and so kind of partnering with different restaurants so if
you're Carl juniors
and you want to sell a greasy burger and you know advertise
our support fitness
then you can have it both ways so I'm sure at some point
once we get it
finalized we'll come back and present that but that's just
something I wanted
the other commissioners to know I'm working on trying to
get rolling thank
you for the update Commissioner Dudowitz but all this a
question for you we
changed the procedure by allowing the applicant to talk
first I was curious
what's the reason for the change this change will actually
flow into how
council will be doing that running their meetings as it
relates to presentations
as well so this initiative in the rationale I'm sorry it's
legally the
applicant has the burden to to put on their own case when
it they're the
applicant so we've been doing it backwards most cities do
it the other
way okay okay I was just curious just want to be in line
with what's normal
okay well here tonight the last applicant was almost given
the staff
presentation so then like this thing so that's what they
can adjust a little bit
and save time and whatever I don't know her first time she
was a little nervous
too so no I understand that but yeah understand but it's
the way it should be
thank you seeing no other comments I will close the meeting
at 8 o 5 thank you
way