WEBVTT

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meeting for February 22nd, 2017.

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We do have a quorum present and this meeting has been duly

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posted

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and I'm going to call our work session into order at 10

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after 5.

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And at this time I will turn it over to Manal for

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clarification of agendas.

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Thank you, Chairperson Strange.

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We do have four plots that are on the agenda.

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They're relatively straightforward.

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If there are any questions related to that we will call

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upon either Julie or Hayley to come and present those.

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Else we can dive into the other cases.

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Questions on the plaques?

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Super.

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The next item is a final replant.

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It does require a public hearing and it too is relatively

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straightforward.

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If there are any questions related to that we can go ahead

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and discuss it.

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If there are any questions of the Commission?

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Commissioner Beck.

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Thank you, Chair.

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Is this the Hale State?

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Correct.

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Okay.

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Super.

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I do have one question.

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Okay.

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Should I just ask?

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Yes, please.

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Okay.

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They're going to break this down into two different lots

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when I understand.

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I'm assuming that because there are issues with ESA and

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FEMA floodplain that nobody's going to be building on that

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particular lot, but they will be building on lot one.

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Is that?

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Hayley, why don't you walk through the plot and with your

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cursor for the audience also identify where those flood

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plain issues and ESA concerns are so we can explain that to

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the Commission and the audience.

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All right.

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Yes.

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So lot one, block B is already developed with a single

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family residence.

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Oh, okay.

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And they are splitting off lot two, block B. And as you can

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see it does have a sizable area of zone, I think it's AE,

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floodplain on it.

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So there is a drainage easement dedicated for that.

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As well we have this easement in the back for a reserve

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pump, I believe that's associated with the pond that is to

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the north of this property.

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And other than that it's relatively straightforward, but

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they would be required to follow subchapter 17 and 19

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development standards for being within the floodplain and

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an ESA, environmentally sensitive area.

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AE, is that a combination of zones or is that a single

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classification itself that deals with

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flooding over?

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It's a floodplain classification.

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By itself, just AE, not A through E.

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It's not a zoning designation.

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Okay.

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So is there room in this lot to build a single family home

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that won't conflict with what's there?

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Well, it depends on one, what their footprint is, two, are

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they, what their mitigation measures would be with the ESA

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if they were to choose to compromise the ESA,

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as it relates to the floodplain it would depend then on

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what it is they're proposing and it would go through the

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engineering department to make sure they don't compromise

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any of the requirements associated with that.

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Okay.

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At this time the request before you is purely to go ahead

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and create two lots of records.

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Okay.

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With no, no.

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At this point there is no, we have not been intimated as to

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what is being proposed.

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But the request is straightforward.

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It is not, it meets our technical requirements.

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Great.

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Thank you.

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Well, I'll follow up with a question.

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Can they actually build a lot or a house on that lot?

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I believe Earl is here.

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Earl, would you be able to guide us as to the floodplain

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ramifications or the zones rather?

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Earl asked for engineering.

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Lot two, the majority of lot two is really encumbered by

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this floodplain easement which begins here and ends here.

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So everything east or to the right of that line is all eas

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ement.

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So mainly your only developable area is this little

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triangular sliver here as is.

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Now however, you know, there is a potential that, you know,

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in the future somebody can come and reclaim floodplain

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through a Clomar and Lomar and such that.

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But right now as it is, as it stands, this is the only

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developable area that I see that's not encumbered by any

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easements or floodplain.

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Well, I guess that's kind of my question and maybe more

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just for information rather than anything else is the rest

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of the lot is clearly in the floodplain.

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I don't understand. I mean, I guess they can replat it if

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that's what they choose.

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But what the purpose is, if it's an unbuildable lot.

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We had the same questions and we spoke with legal and there

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is nothing in our code that says you cannot build a non-

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developable lot of zones that meets our minimum size

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requirements, area requirements.

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So there's a potential for reclamation and they choose to

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do that.

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Perhaps they'll want to sell it.

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We don't know, but at this point, as it relates to the

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technical requirements of subdividing the lot into two lots

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of record.

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Well, okay.

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I'm sorry to ask me a question.

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I have a lot of questions kind of living over in the

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neighborhood.

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People calling wanting to know if somebody is going to

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build another house there and all kinds of questions about

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the deed restrictions for that neighborhood.

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And I guess maybe legal can speak.

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Okay. Well, I'm going to withdraw my question as on advice

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of Lou because I do have a conflict.

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I wasn't aware I couldn't participate in the work session.

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I wasn't going to participate in the public hearing.

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I'll withdraw my question.

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Thank you.

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That's okay.

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We could do work session.

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Anyone else have any questions on this item?

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Thank you, Haley.

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Seeing none, Haley can and she's bringing her stuff with

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the next item is a public hearing request.

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Haley is going to present that item for us.

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This is case Z1629 for the CST corner store.

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The request is to hold a public hearing and consider a

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request by the property owners to rezone approximately .7

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acres from neighborhood residential six to community mixed

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use general or CMG district as well as to rezone

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approximately 3.6 acres from a neighborhood residential

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mixed use designation to a CMG district.

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And the subject property is located on the south side of

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town along Fort Worth drive and generally at the northeast

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corner of country club and Hobson.

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So it has frontage on three roadways.

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Currently it is comprised of portions of two different parc

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els of land.

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There's a parcel on the north you see there with a single

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family home and then the vacant parcel on the south.

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And so just to give you an idea of what else is in this

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area.

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As I mentioned there's a single family home on the northern

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parcel.

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There are a few more single family homes on the southern

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side of Hobson Lane.

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The development directly across Hobson is an office park

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and then there's multifamily development as well as a Shell

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gas station across from it on country club road.

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So currently it is split between NR6 designation on the

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northern parcel and NRMU on the southern three and a half

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acres.

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The proposal is to take all of this to CMG.

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And the future land use for this area is community mixed

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use which promotes a mix of uses predominantly commercial

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but with complementary residential and service uses mixed

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in as well.

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It's meant to encourage a diversity of uses that can

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develop over time as an area redevelops.

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So some of the considerations we looked at.

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This rezoning would introduce CMG zoning into this area

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currently several hundred feet north on Fort Worth Drive

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before you would hit the next area where CMG district

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applies.

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This CMG designation would encourage appropriate commercial

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uses given the prominent hard corner location of this

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property.

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And CMG also conforms to that future land use designation

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of community mixed use.

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So staff originally we had reservations about this because

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it would create an isolated zoning district with this NRMU

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remainder that I've outlined in yellow.

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However we received an application from the same developers

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to rezone this remaining NRMU portion to CMG.

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We received that application yesterday.

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Just to give you an idea of how this development could look

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the general regulations between for CMG and NRMU district

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are very similar.

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Same lot coverage same amount of landscape area required

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same building height.

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So the NRMU portion of the property would develop in scale

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relatively the same under CMG as it would NRMU.

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We did send notifications about this and we received two

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favorable responses.

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Those were handed out before the meeting and those

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properties are outlined in green on this map.

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And then we received one response in opposition that was

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within that 200 foot radius that's directly across the

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street.

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You did receive a fourth response that I received today and

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that's from a person outside the 200 foot radius but they

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still wanted their concerns to be expressed at the meeting.

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So all of those were handed out to you.

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And with all those considerations staff is now recommending

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approval of this case.

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The CMG district does conform with that future land use

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designation and that application that we received yesterday

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would resolve our concerns regarding that isolated pocket

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of NRMU zoning.

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So we now feel comfortable with the recommendation of

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approval on this case.

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I'll stand for any questions.

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Commissioner Taylor.

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Thank you Chair.

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I think I'm going to have some questions in the public

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hearing.

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I would like to just clarify a few things.

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The first road improvements would the development that goes

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in here be required to improve the perimeter roads?

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I'll answer that one for you.

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Do we have any attachments?

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It looks like there's a whole little section about the

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roads.

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These are just in case slides.

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377 and Country Club Road or FM 1830, they're both textile

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roadways so they will not be required to improve those

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roads.

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Actually those two roads are actually in process of being

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improved.

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377 all the way down to, I can't remember how far down it

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goes beyond this side, but Country Club will be improved up

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to Hobson.

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And as part of the improvements on Country Club, this is Ho

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bson here, this is FM 1830.

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They're going to widen this area to provide a median in the

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middle, dedicated left turn lane for southbound 1830 onto

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Hobson.

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Left turn lanes along, I guess on 1830, left turn lanes on

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both sides of 1830 at the intersection of Hobson, right

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turn lane at Hobson.

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They're also going to build a dedicated right turn on west

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bound Hobson onto 377 as well.

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And that would all be textile?

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Yes, that's all being done by textile.

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And is that project, do we have a timeline on the project?

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It should begin, the utilities are being relocated right

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now and the pavement should begin shortly after, so we're

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thinking summer of this year.

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Okay, so yeah that was my street question. I'm sure we'll

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probably call you up out there to talk about this too.

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Now in terms of access to this property, they've submitted

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this conceptual site plan. They presented it to TxDOT for

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conceptual approvals for their dry-vary access points on

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one on 377, one on FM 1830.

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The one on FM 1830 is a write-in only, and the one on 377

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is a write-in write-out because of the future, or if not

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future, but proposed median that's going to be built upon

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the widening.

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And as well as a full access driveway off of Hobson.

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Depending on the trip generation, they may be required to

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construct a left turn lane just because of its vicinity to

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the intersection, just to make sure they're backing up into

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that intersection for those left turn movements.

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Commissioner Beck.

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I'm glad to see they did make the change out because I was

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having a hard time not accepting this or going against the

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recommendation because it seems like if you look at it and

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you look at the future land use, you've got CMG in there

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all the way up, but you've got this block of NR6 in there

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right now.

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These are these kind of zoning difficulties we run into,

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and it's probably not appropriate for me to mention it here

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, but maybe the subcommittee I'm going to be on, this would

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be something that we probably should look at rezoning this

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stretch of Fort Worth Drive there that would accommodate, I

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would think, CMG.

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I just don't see NR6 being viable in that probably from

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about 300 or 400 feet out.

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So anyway, just my comment on that.

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Thanks.

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Commissioner Hutchbeth.

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May I borrow you one more time, Earl?

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I have a Hobson question.

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Has there been any assessment of Hobson, that's a city,

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that city didn't road, right?

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That's correct.

00:15:21.000 --> 00:15:25.500
So have we looked at that in preparation in these other

00:15:25.500 --> 00:15:30.399
advancements go in the text outroads, that Hobson road is

00:15:30.399 --> 00:15:34.399
fairly busy anyway, it's a way to shortcut that

00:15:34.399 --> 00:15:36.000
intersection.

00:15:36.000 --> 00:15:39.620
It's a narrow road, and if this station, let's say, takes

00:15:39.620 --> 00:15:42.889
off and there's lots of traffic there, have we kind of

00:15:42.889 --> 00:15:46.149
looked in advance to how long it would take us to go from

00:15:46.149 --> 00:15:49.750
planning to actually getting in front of that any traffic

00:15:49.750 --> 00:15:54.000
that would back up on Hobson?

00:15:54.000 --> 00:15:57.360
In terms of the actual project materializing to

00:15:57.360 --> 00:15:59.000
construction type?

00:15:59.000 --> 00:16:02.000
Yeah, just assuming that it works.

00:16:02.000 --> 00:16:06.000
Assuming that the gas, if we build, they'll come.

00:16:06.000 --> 00:16:07.000
All the improvements are in, the gas engine goes in.

00:16:07.000 --> 00:16:08.000
Yeah, and there's more traffic there.

00:16:08.000 --> 00:16:15.860
Have we looked at, if that happens, Hobson could be a

00:16:15.860 --> 00:16:18.000
nightmare.

00:16:18.000 --> 00:16:21.580
Potentially, the city tried to apply for a traffic signal

00:16:21.580 --> 00:16:25.139
at this intersection, but the tech site denied it because

00:16:25.139 --> 00:16:29.220
of its vicinity to the next intersection down, which is 377

00:16:29.220 --> 00:16:32.850
and FM 1830, so they will not allow a signal at this

00:16:32.850 --> 00:16:34.000
intersection.

00:16:34.000 --> 00:16:37.759
In terms of traffic, I think that the construction of a

00:16:37.759 --> 00:16:41.559
right turn lane will alleviate a lot of that congestion

00:16:41.559 --> 00:16:45.590
because a lot of these, I guess that one vehicle that wants

00:16:45.590 --> 00:16:50.029
a turn left is holding off the rest of the road, creating

00:16:50.029 --> 00:16:53.000
that backup, but now creating, constructing that dedicated

00:16:53.000 --> 00:16:56.970
right turn lane should alleviate a lot of the current

00:16:56.970 --> 00:17:00.250
issues that they're having at this intersection, along with

00:17:00.250 --> 00:17:03.000
constructing a left turn lane on Country Club Road to get

00:17:03.000 --> 00:17:03.000
to the intersection.

00:17:03.000 --> 00:17:06.000
Country Club Road to get on the Hobson as well.

00:17:06.000 --> 00:17:10.000
That usually backs up into 377 during the peak hours.

00:17:10.000 --> 00:17:16.099
So, and as well, they're, they're constructing two through

00:17:16.099 --> 00:17:19.000
lanes past this intersection.

00:17:19.000 --> 00:17:24.000
So, on Country Club at the intersection.

00:17:24.000 --> 00:17:30.099
Right now there's only one lane past this intersection to

00:17:30.099 --> 00:17:32.000
turn left or straight.

00:17:32.000 --> 00:17:38.440
Okay, then give me, if we lived in Utopia from planning to

00:17:38.440 --> 00:17:42.000
actual road, how long would that take?

00:17:42.000 --> 00:17:45.000
Planning to actual road.

00:17:45.000 --> 00:17:47.000
Which road, I guess.

00:17:47.000 --> 00:17:48.000
Hobson.

00:17:48.000 --> 00:17:49.000
Hobson.

00:17:49.000 --> 00:17:53.680
So, let's say the station's in, we realize, yes, we need to

00:17:53.680 --> 00:17:57.059
widen the road, it'd be great, you can get to Eureka Park

00:17:57.059 --> 00:17:59.000
faster, all that fun stuff.

00:17:59.000 --> 00:18:02.450
From identifying, yes, we're going to widen, and it's

00:18:02.450 --> 00:18:06.000
approved to widen Hobson, to actually it being done.

00:18:06.000 --> 00:18:09.000
What is that, traditionally, what is that time frame?

00:18:09.000 --> 00:18:12.289
Widening of say Hobson Road from Country Club all the way

00:18:12.289 --> 00:18:14.000
to Teasley, for example.

00:18:14.000 --> 00:18:15.000
Sure.

00:18:15.000 --> 00:18:16.000
Making that a road project.

00:18:16.000 --> 00:18:17.000
Yes.

00:18:17.000 --> 00:18:19.789
Well, there's all kinds of complications with that because

00:18:19.789 --> 00:18:21.000
it depends on funding.

00:18:21.000 --> 00:18:25.000
Usually roads are funded through bonds or road impact fees.

00:18:25.000 --> 00:18:29.890
We just started roadway impact fees, so the pot of money on

00:18:29.890 --> 00:18:34.000
the road impact fees for this zone is pretty low right now.

00:18:34.000 --> 00:18:39.000
So unless we incorporate into a bond, next one being 2020,

00:18:39.000 --> 00:18:43.390
and say, for example, this road does get selected as part

00:18:43.390 --> 00:18:45.000
of the bond program.

00:18:45.000 --> 00:18:50.410
You know, 2020, then we're looking at 2023 to actual start

00:18:50.410 --> 00:18:54.609
a construction, because you have to account for design time

00:18:54.609 --> 00:18:55.000
.

00:18:55.000 --> 00:18:56.000
Got it.

00:18:56.000 --> 00:18:59.000
From the bond to actual construction.

00:18:59.000 --> 00:19:02.869
And based on prioritization, or correct me if I'm wrong,

00:19:02.869 --> 00:19:04.890
but I understand then you would also, depending on the bond

00:19:04.890 --> 00:19:08.250
, you would also prioritize what falls into your program and

00:19:08.250 --> 00:19:11.000
what is critical path at that point.

00:19:11.000 --> 00:19:12.000
Right.

00:19:12.000 --> 00:19:15.859
It's something if we were to forecast, we would one, have

00:19:15.859 --> 00:19:19.140
to have the conditions present to be able to forecast what

00:19:19.140 --> 00:19:21.859
needs to be done with that infrastructure improvement and

00:19:21.859 --> 00:19:24.700
then be able to put it on a critical path, depending on

00:19:24.700 --> 00:19:27.000
what the situation is on the right of way.

00:19:27.000 --> 00:19:29.000
Okay.

00:19:29.000 --> 00:19:30.000
Okay. Thank you.

00:19:30.000 --> 00:19:31.000
Thank you.

00:19:31.000 --> 00:19:32.000
Commissioner Bec.

00:19:32.000 --> 00:19:34.000
Thank you, Chair.

00:19:34.000 --> 00:19:37.569
Looking at this diagram here, are we making, does that look

00:19:37.569 --> 00:19:40.839
like we're making a right turn lane on Hobson to swing on

00:19:40.839 --> 00:19:42.000
to 1830?

00:19:42.000 --> 00:19:44.000
That is part of the text outlining plans.

00:19:44.000 --> 00:19:45.000
Okay.

00:19:45.000 --> 00:19:48.000
How far back from 1830 does that go?

00:20:04.000 --> 00:20:11.000
Yeah, it's going to go down.

00:20:11.000 --> 00:20:15.000
Are we looking at maybe the length of a football field?

00:20:15.000 --> 00:20:16.000
Or is it that long?

00:20:16.000 --> 00:20:26.000
Over 96 to, say, 500.

00:20:26.000 --> 00:20:29.170
So about 400, oh, well that's the beginning of the, so

00:20:29.170 --> 00:20:31.000
about 350 feet.

00:20:31.000 --> 00:20:33.000
Okay, it's about a football field.

00:20:33.000 --> 00:20:36.160
That seems like it would alleviate your concern there

00:20:36.160 --> 00:20:39.440
because that's where the backup would occur, I think, is

00:20:39.440 --> 00:20:41.000
people couldn't make that right turn.

00:20:41.000 --> 00:20:42.000
Yeah.

00:20:42.000 --> 00:20:45.000
So it's 350 feet at 20 feet per vehicle.

00:20:45.000 --> 00:20:47.000
That's quite a bit of storage.

00:20:47.000 --> 00:20:48.000
Okay.

00:20:48.000 --> 00:20:50.000
Thanks.

00:20:50.000 --> 00:20:51.000
Commissioner Ellis.

00:20:51.000 --> 00:20:52.000
Thank you, Chair.

00:20:52.000 --> 00:20:53.000
Earl.

00:20:53.000 --> 00:20:56.000
Sorry.

00:20:56.000 --> 00:20:57.000
A couple of things.

00:20:57.000 --> 00:20:58.000
Okay.

00:20:58.000 --> 00:21:02.000
So what is Hobson on the future mobility?

00:21:02.000 --> 00:21:04.000
What is Hobson considered?

00:21:04.000 --> 00:21:05.000
What type of structure?

00:21:05.000 --> 00:21:09.130
Hobson is classified as a four-lane divided roadway, two

00:21:09.130 --> 00:21:12.000
lanes each direction, with a median in the middle.

00:21:12.000 --> 00:21:14.000
Oh, that is the future plan of Hobson?

00:21:14.000 --> 00:21:15.000
Yes.

00:21:15.000 --> 00:21:16.000
I see.

00:21:16.000 --> 00:21:19.000
Can you go back to that site plan?

00:21:19.000 --> 00:21:24.009
Yeah, I got confused on where you were talking about right

00:21:24.009 --> 00:21:25.000
turn in.

00:21:25.000 --> 00:21:30.000
So, okay, so you have a right turn only off of Hobson?

00:21:30.000 --> 00:21:33.000
A right turn in off of FM 1830.

00:21:33.000 --> 00:21:35.000
That's a right turn only.

00:21:35.000 --> 00:21:36.000
Right turn in.

00:21:36.000 --> 00:21:37.000
Okay, okay.

00:21:37.000 --> 00:21:38.000
So they can't exit it back out.

00:21:38.000 --> 00:21:40.480
And then this one with a median, and there's not going to

00:21:40.480 --> 00:21:42.529
be a median opening here because of this median opening

00:21:42.529 --> 00:21:43.000
already there.

00:21:43.000 --> 00:21:46.000
This will only be a right in, right out.

00:21:46.000 --> 00:21:47.000
Okay.

00:21:47.000 --> 00:21:49.900
Now this one will be a full access driveway where you can

00:21:49.900 --> 00:21:52.000
turn left, left out, or right out.

00:21:52.000 --> 00:21:55.259
I'm having a hard time wrapping my head around this one

00:21:55.259 --> 00:21:59.000
just because that intersection is a nightmare right now.

00:21:59.000 --> 00:22:00.000
It is a nightmare.

00:22:00.000 --> 00:22:02.819
That's why there's so many lanes being built between these

00:22:02.819 --> 00:22:04.000
two intersections.

00:22:04.000 --> 00:22:07.440
I have to even question whether CMG is the direction we

00:22:07.440 --> 00:22:10.000
want to go on this particular corner.

00:22:10.000 --> 00:22:12.960
I guess I would have to ask, originally staff was not on

00:22:12.960 --> 00:22:15.589
board with this, and I kind of feel like you got strong-

00:22:15.589 --> 00:22:21.000
armed, so can you fill me in on that?

00:22:21.000 --> 00:22:23.000
Haley, can I field that question for you if you don't mind?

00:22:23.000 --> 00:22:25.000
Certainly.

00:22:25.000 --> 00:22:28.349
When we received this zoning request, and Haley's going to

00:22:28.349 --> 00:22:31.150
pop up the zoning map for me so I can show the subject

00:22:31.150 --> 00:22:32.000
property,

00:22:32.000 --> 00:22:35.319
the portion under consideration that was before you in your

00:22:35.319 --> 00:22:38.000
packet was what's in the pink area right now.

00:22:38.000 --> 00:22:41.529
Our recommendation was unfavorable, and our recommendation

00:22:41.529 --> 00:22:45.000
stated that we feel, from a land use perspective,

00:22:45.000 --> 00:22:48.920
that this hard corner should be looked at comprehensively,

00:22:48.920 --> 00:22:51.000
and therefore the entire track should be zoned CMG,

00:22:51.000 --> 00:22:56.000
because now you have a sliver of NRMU between the NR6 and

00:22:56.000 --> 00:22:57.000
the CMG.

00:22:57.000 --> 00:22:59.549
We voiced our concern to the applicant and let them know

00:22:59.549 --> 00:23:01.000
and inform them of our request,

00:23:01.000 --> 00:23:03.759
and they realized that, well, they could actually have this

00:23:03.759 --> 00:23:06.329
property under contract, and it made more sense to

00:23:06.329 --> 00:23:08.000
consolidate the zoning on the property.

00:23:08.000 --> 00:23:10.369
That is the reason why our recommendation, and we're so

00:23:10.369 --> 00:23:12.000
comfortable recommending favorably,

00:23:12.000 --> 00:23:14.960
because we have actually received a zoning change

00:23:14.960 --> 00:23:17.000
application for that piece too.

00:23:17.000 --> 00:23:19.759
Now, as it relates to the development and the

00:23:19.759 --> 00:23:23.000
infrastructure, so there are two tasks at hand.

00:23:23.000 --> 00:23:25.369
We do know that there is an intention to develop the

00:23:25.369 --> 00:23:28.539
facility with a fueling station, a C-Store, and a fueling

00:23:28.539 --> 00:23:31.000
station, if I'm not mistaken.

00:23:31.000 --> 00:23:34.779
So we have that basic info or schematic which has enabled

00:23:34.779 --> 00:23:39.000
us to prompt the applicant to visit with TextDOT

00:23:39.000 --> 00:23:41.549
and make sure just because of the ramifications associated

00:23:41.549 --> 00:23:44.420
with infrastructure improvement that TextDOT, this is the

00:23:44.420 --> 00:23:45.000
intention.

00:23:45.000 --> 00:23:48.509
So how does that impact the city and the city's right of

00:23:48.509 --> 00:23:49.000
way?

00:23:49.000 --> 00:23:57.000
So in terms of the land use analysis and zoning to CMG,

00:23:57.000 --> 00:24:02.000
the applicability or the appropriateness of the request

00:24:02.000 --> 00:24:05.000
exists just because of the uses permitted in CMG,

00:24:05.000 --> 00:24:08.440
and typically, given the right of way frontage, the types

00:24:08.440 --> 00:24:11.000
of street that there is frontage on for this subject site,

00:24:11.000 --> 00:24:13.759
it accommodates those uses well and can serve as a good

00:24:13.759 --> 00:24:17.440
transition ultimately when you typically see CMG along

00:24:17.440 --> 00:24:19.000
these types of corridors.

00:24:19.000 --> 00:24:23.589
And that's why, and based on the land use plan, that's why

00:24:23.589 --> 00:24:28.220
there was no negative opinion of staff as it relates to the

00:24:28.220 --> 00:24:29.000
request.

00:24:29.000 --> 00:24:32.579
When it comes to the infrastructure ramifications and what

00:24:32.579 --> 00:24:34.000
occurs at that point,

00:24:34.000 --> 00:24:37.910
obviously, if there are issues that cannot be resolved as

00:24:37.910 --> 00:24:41.769
it relates to ingress and egress of the site, as it relates

00:24:41.769 --> 00:24:44.000
to the peak hours of use of this site,

00:24:44.000 --> 00:24:47.299
then that is something that developability could be ham

00:24:47.299 --> 00:24:51.000
pered if they were unable to mitigate those requirements.

00:24:51.000 --> 00:24:54.150
And so you're saying the NRMU is going to be coming before

00:24:54.150 --> 00:24:56.000
us as well for zoning changes, is what you're saying?

00:24:56.000 --> 00:25:00.000
Absolutely. An official application has been made for NRMU.

00:25:00.000 --> 00:25:04.000
And so it is up to the commission then to choose which.

00:25:04.000 --> 00:25:07.160
Well, right, but effectively, right now, you're

00:25:07.160 --> 00:25:09.000
recommending this favorably.

00:25:09.000 --> 00:25:14.039
And then, obviously, the NRMU would be favorable as well

00:25:14.039 --> 00:25:18.349
because that was effectively the idea to get this one in a

00:25:18.349 --> 00:25:20.000
favorable light.

00:25:20.000 --> 00:25:21.000
Correct.

00:25:21.000 --> 00:25:27.000
And I guess my question is the CMG in this area at all?

00:25:27.000 --> 00:25:28.000
I'm having a hard time with that.

00:25:28.000 --> 00:25:29.000
I get you.

00:25:29.000 --> 00:25:32.099
I get you with what is already in the area, the amount of

00:25:32.099 --> 00:25:34.000
residents who are in the area.

00:25:34.000 --> 00:25:36.000
I mean, it's not Fort Worth Drive.

00:25:36.000 --> 00:25:41.400
It's a transition into Fort Worth Drive 377 and that, but

00:25:41.400 --> 00:25:46.279
that's not what it is, especially this NRMU shown here on

00:25:46.279 --> 00:25:48.000
this map off of Hobson.

00:25:48.000 --> 00:25:52.329
It doesn't have the same feel, in my opinion, as you make

00:25:52.329 --> 00:25:55.000
that turn onto Fort Worth Drive.

00:25:55.000 --> 00:25:58.000
Could you repeat your statement, Commissioner Ellis?

00:25:58.000 --> 00:25:59.000
I didn't understand.

00:25:59.000 --> 00:26:01.839
The NRMU piece off of Hobson, which piece are you referring

00:26:01.839 --> 00:26:03.000
to, the subject?

00:26:03.000 --> 00:26:04.000
Not the subject.

00:26:04.000 --> 00:26:05.000
Okay.

00:26:05.000 --> 00:26:09.000
The NRMU on here currently that I'm staring at.

00:26:09.000 --> 00:26:12.910
And even the subject, being that it does come off of Hobson

00:26:12.910 --> 00:26:17.000
, it doesn't, I don't get the feel that it needs to be CMG.

00:26:17.000 --> 00:26:18.000
I see. I understand.

00:26:18.000 --> 00:26:22.049
That this, that all of these parcels of land need to be

00:26:22.049 --> 00:26:24.000
that particular zone.

00:26:24.000 --> 00:26:26.000
I'm having a hard time keeping my head on that.

00:26:26.000 --> 00:26:27.000
I understand.

00:26:27.000 --> 00:26:31.349
Do you have a comparison of the uses and the future land

00:26:31.349 --> 00:26:35.150
use map and then the permitted uses in CMG and NRMU that we

00:26:35.150 --> 00:26:37.000
could do a quick comparison for?

00:26:37.000 --> 00:26:39.000
That should be in the backup that everyone received.

00:26:39.000 --> 00:26:43.000
There's a comparison chart of uses.

00:26:43.000 --> 00:26:45.410
I didn't incorporate it into the presentation, but it

00:26:45.410 --> 00:26:47.000
should be in everyone's backup.

00:26:47.000 --> 00:26:48.000
Yeah, it is.

00:26:48.000 --> 00:26:49.000
Okay, super.

00:26:49.000 --> 00:26:51.000
I just wanted to make sure you received that.

00:26:51.000 --> 00:26:52.000
Thank you, Commissioner Ellis.

00:26:52.000 --> 00:26:53.000
I appreciate it.

00:26:53.000 --> 00:26:54.000
Thank you.

00:26:54.000 --> 00:26:56.000
Appreciate it.

00:26:56.000 --> 00:26:57.000
Commissioner Talen.

00:26:57.000 --> 00:27:00.000
Okay.

00:27:00.000 --> 00:27:20.000
Any other questions on this item?

00:27:20.000 --> 00:27:24.000
Thank you, Haley.

00:27:24.000 --> 00:27:27.000
I've got an announcement right quick.

00:27:27.000 --> 00:27:32.329
We've actually on our public hearing tonight, we have two

00:27:32.329 --> 00:27:33.000
items.

00:27:33.000 --> 00:27:37.000
Our item D and our item E both have been withdrawn.

00:27:37.000 --> 00:27:40.000
I think on our agenda E was only withdrawn.

00:27:40.000 --> 00:27:42.000
D has also been withdrawn.

00:27:42.000 --> 00:27:44.259
So I just want to announce that for those that are watching

00:27:44.259 --> 00:27:47.750
that were planning to come this evening, I will announce

00:27:47.750 --> 00:27:52.000
that again when we go into council chambers.

00:27:52.000 --> 00:27:55.869
So that's going to move that we are only going to have one

00:27:55.869 --> 00:28:00.000
more item here to go over in our public.

00:28:00.000 --> 00:28:02.450
I mean, excuse me, in our work session, which is going to

00:28:02.450 --> 00:28:03.000
be item C.

00:28:03.000 --> 00:28:05.640
And I know this is going to be an item with I think a

00:28:05.640 --> 00:28:08.000
number of questions and discussions.

00:28:08.000 --> 00:28:13.740
So I think it might be prudent for us to take a break at 5

00:28:13.740 --> 00:28:19.470
38 and get something to eat and then we'll start our

00:28:19.470 --> 00:28:22.000
presentation for C.

00:28:22.000 --> 00:28:27.000
So I'm going to call recess at 538 for food.

00:28:27.000 --> 00:28:29.000
You guys are about to get started?

00:28:29.000 --> 00:28:31.000
Yes, sir.

00:28:31.000 --> 00:28:36.000
Five, four, three.

00:28:36.000 --> 00:28:37.000
Welcome back.

00:28:37.000 --> 00:28:42.329
We will reopen our work session at five fifty and we're on

00:28:42.329 --> 00:28:47.000
item C and I'll call on Julie Wyatt for presentation.

00:28:47.000 --> 00:28:48.000
Good evening.

00:28:48.000 --> 00:28:52.190
Julie Wyatt, senior planner with the city of Denton and I

00:28:52.190 --> 00:28:56.000
am presenting the 1623 to you tonight.

00:28:56.000 --> 00:28:59.000
The location of the subject property is south of scripture.

00:28:59.000 --> 00:29:03.539
It's outlined here in yellow and it's between normal and

00:29:03.539 --> 00:29:05.000
Brian Street.

00:29:05.000 --> 00:29:08.000
It's made up of three parcels.

00:29:08.000 --> 00:29:10.960
The largest parcel and you'll see this in a minute actually

00:29:10.960 --> 00:29:12.000
has split zoning.

00:29:12.000 --> 00:29:15.000
The north side of the parcel has a DCG zoning district.

00:29:15.000 --> 00:29:20.000
The south side of the parcel has a DR2 zoning district.

00:29:20.000 --> 00:29:24.190
And the subject's property is approximately 1200 square

00:29:24.190 --> 00:29:28.000
feet from, not square, 1200 linear feet from UNT.

00:29:28.000 --> 00:29:30.000
That's about a five to ten minute walk.

00:29:30.000 --> 00:29:34.000
It's a little less than a quarter mile.

00:29:34.000 --> 00:29:37.000
So the request before you is to hold a public hearing and

00:29:37.000 --> 00:29:41.420
consider rezoning approximately 1.39 acres from downtown

00:29:41.420 --> 00:29:46.000
residential two, DR2, to downtown commercial general.

00:29:46.000 --> 00:29:49.000
That's DCG district.

00:29:49.000 --> 00:29:53.319
This map's a little, it's got a lot on it, but I wanted you

00:29:53.319 --> 00:29:56.920
to see how all of the zoning and the land uses work

00:29:56.920 --> 00:29:58.000
together.

00:29:58.000 --> 00:30:01.940
So we're going to go over this map and the surrounding area

00:30:01.940 --> 00:30:03.000
together.

00:30:03.000 --> 00:30:07.230
So first of all, to orient you, the property here is in the

00:30:07.230 --> 00:30:08.000
black.

00:30:08.000 --> 00:30:09.000
So this is the subject property.

00:30:09.000 --> 00:30:12.630
It's kind of hard to see, but here's where you can, where

00:30:12.630 --> 00:30:15.000
the split zoning comes into play.

00:30:15.000 --> 00:30:17.000
So this is the larger tract.

00:30:17.000 --> 00:30:22.000
This little bit darker green is DCG and here's your DR2.

00:30:22.000 --> 00:30:27.380
This tract right here, this property, is developed with an

00:30:27.380 --> 00:30:30.000
institutional facility.

00:30:30.000 --> 00:30:35.000
It hasn't been used in several years, so it's vacant.

00:30:35.000 --> 00:30:39.819
The other development on the subject property is a couple

00:30:39.819 --> 00:30:41.000
of houses.

00:30:41.000 --> 00:30:45.390
The adjacent DCG is developed with that institutional

00:30:45.390 --> 00:30:49.000
facility as well as some commercial uses.

00:30:49.000 --> 00:30:51.000
And then there's also a single family dwelling.

00:30:51.000 --> 00:30:54.000
So it's a mixed, this is a mixed use area.

00:30:54.000 --> 00:30:58.000
So you'll see that.

00:30:58.000 --> 00:31:01.000
To the south of the subject property is DR2.

00:31:01.000 --> 00:31:04.509
That area is developed with single family uses, with single

00:31:04.509 --> 00:31:08.000
family uses that are occupied as multi-family dwellings.

00:31:08.000 --> 00:31:10.160
And then multi-family dwellings, and then there's a couple

00:31:10.160 --> 00:31:11.000
of commercial uses.

00:31:11.000 --> 00:31:14.000
So that's a real mixed use area as well.

00:31:14.000 --> 00:31:19.329
To the north of the subject property, across scripture, you

00:31:19.329 --> 00:31:21.000
have NRMU 12.

00:31:21.000 --> 00:31:24.000
This is the Flow Hospital site.

00:31:24.000 --> 00:31:28.000
I'm sure several of you all remember the Flow Hospital.

00:31:28.000 --> 00:31:34.000
So there's NRMU 12 as well as some NRMU and NRMU 12 here.

00:31:34.000 --> 00:31:36.000
This is developed with multi-family.

00:31:36.000 --> 00:31:38.000
You've got single family.

00:31:38.000 --> 00:31:40.000
You've got office uses and you've got commercial uses.

00:31:40.000 --> 00:31:44.000
So that's across the street, across scripture.

00:31:44.000 --> 00:31:46.309
To the south, you're probably familiar, this is the

00:31:46.309 --> 00:31:48.000
University of North Texas campus.

00:31:48.000 --> 00:31:51.000
This is the Fry Street area.

00:31:51.000 --> 00:31:55.150
Beyond the immediate vicinity of the subject property, we

00:31:55.150 --> 00:31:58.269
've got these traditional established single family

00:31:58.269 --> 00:31:59.000
neighborhoods.

00:31:59.000 --> 00:32:03.000
And these are predominantly single family development.

00:32:03.000 --> 00:32:07.000
They have a zoning designation of NR3 on them.

00:32:07.000 --> 00:32:10.759
NR3, just to remind you, doesn't permit multi-family

00:32:10.759 --> 00:32:15.000
development and it doesn't permit commercial development.

00:32:15.000 --> 00:32:17.599
There are two other additional areas I just want to point

00:32:17.599 --> 00:32:19.000
out to you in the vicinity.

00:32:19.000 --> 00:32:21.000
We have two historic districts.

00:32:21.000 --> 00:32:23.670
We have the West Oak Historic District here and then the

00:32:23.670 --> 00:32:26.000
Oak Hickory Historic District here.

00:32:26.000 --> 00:32:29.940
Then the properties with the solid pink have additional

00:32:29.940 --> 00:32:32.000
landmark designations.

00:32:32.000 --> 00:32:39.049
So we've got layers in this area and also a wide variety

00:32:39.049 --> 00:32:41.000
mix of uses.

00:32:41.000 --> 00:32:45.109
I also want to point out, before I go to the next slide, so

00:32:45.109 --> 00:32:48.000
the applicant has approached the city about this rezoning.

00:32:48.000 --> 00:32:51.819
Their intent, their expressed intent is to develop the site

00:32:51.819 --> 00:32:54.000
with multi-family dwellings.

00:32:54.000 --> 00:32:56.980
I just want to point out the existing zoning does permit

00:32:56.980 --> 00:32:58.000
multi-family.

00:32:58.000 --> 00:33:01.000
DR2 does permit multi-family as well as the DCG.

00:33:01.000 --> 00:33:03.000
There is a difference in scale.

00:33:03.000 --> 00:33:07.480
DCG also permits some additional commercial uses that DR2

00:33:07.480 --> 00:33:09.000
doesn't permit.

00:33:09.000 --> 00:33:11.000
So just to let you know that.

00:33:11.000 --> 00:33:14.490
So now let's look at the future land use of the subject

00:33:14.490 --> 00:33:17.000
property in the surrounding area.

00:33:17.000 --> 00:33:22.000
This is in a neighborhood university compatibility area.

00:33:22.000 --> 00:33:25.599
The areas that are neighborhood university compatibility

00:33:25.599 --> 00:33:28.440
areas are parts of the city that are affected by the

00:33:28.440 --> 00:33:30.000
universities.

00:33:30.000 --> 00:33:32.000
And in this case, of course, it's UNT.

00:33:32.000 --> 00:33:36.000
So it's affected by that proximity to UNT.

00:33:36.000 --> 00:33:39.160
The intent is to create a compatible form and land uses

00:33:39.160 --> 00:33:41.970
that can serve both the university as well as the

00:33:41.970 --> 00:33:44.000
established neighborhoods.

00:33:44.000 --> 00:33:47.940
What we look for is a gradual transition in scale, use and

00:33:47.940 --> 00:33:49.000
character.

00:33:49.000 --> 00:33:51.269
We also want to encourage uses that are in close proximity

00:33:51.269 --> 00:33:52.000
to each other.

00:33:52.000 --> 00:33:55.289
So we do encourage a multimodal way of moving about to

00:33:55.289 --> 00:34:00.160
encourage that walking and bicycle use, create dynamic

00:34:00.160 --> 00:34:01.000
areas.

00:34:01.000 --> 00:34:04.799
Just to show what's then surround there is future land use

00:34:04.799 --> 00:34:08.380
because we kind of want to take a big picture look at the

00:34:08.380 --> 00:34:09.000
area.

00:34:09.000 --> 00:34:14.000
To the north, those areas that were the NRMU and NRMU 12,

00:34:14.000 --> 00:34:18.000
those are neighborhood mixed use per the future land use.

00:34:18.000 --> 00:34:21.250
And then beyond that, those areas that are the primarily

00:34:21.250 --> 00:34:24.000
single family traditional neighborhoods,

00:34:24.000 --> 00:34:27.070
those have a future land use designation of low density

00:34:27.070 --> 00:34:30.530
residential, which is that one to four dwelling units per

00:34:30.530 --> 00:34:33.000
acre that I know you all have seen a lot.

00:34:33.000 --> 00:34:36.579
So the considerations that we looked at when we did the

00:34:36.579 --> 00:34:40.000
land use analysis of this request is first we looked to see

00:34:40.000 --> 00:34:42.289
the criteria for approval in sub-chapter three of the Dent

00:34:42.289 --> 00:34:43.000
on Development Code.

00:34:43.000 --> 00:34:46.630
So the future land use designation, does the request meet

00:34:46.630 --> 00:34:49.000
that future land use designation?

00:34:49.000 --> 00:34:54.000
Staff determined that it does and for several reasons.

00:34:54.000 --> 00:34:57.360
The comp plan talks about and I know UNT talks about

00:34:57.360 --> 00:35:01.000
projected increases in enrollment in the university.

00:35:01.000 --> 00:35:05.659
And that those increases in enrollment are creating a need

00:35:05.659 --> 00:35:09.070
for additional housing, density, and also commercial

00:35:09.070 --> 00:35:10.000
development.

00:35:10.000 --> 00:35:14.239
So we want to look at all of the uses within DCG in close

00:35:14.239 --> 00:35:16.000
proximity to UNT.

00:35:16.000 --> 00:35:20.000
So DCG meets that criteria.

00:35:20.000 --> 00:35:24.079
The uses in the density in DCG foster that walkability, the

00:35:24.079 --> 00:35:28.000
livability, and the vibrancy of that public realm.

00:35:28.000 --> 00:35:32.000
The existing building has been in disuse for several years.

00:35:32.000 --> 00:35:37.039
Rezoning, potentially rezoning to DCG could possibly

00:35:37.039 --> 00:35:41.739
provide a catalyst for revitalization on this subject

00:35:41.739 --> 00:35:43.000
property.

00:35:43.000 --> 00:35:46.920
But we want to be care and we want to take care to be

00:35:46.920 --> 00:35:49.000
sensitive in scale.

00:35:49.000 --> 00:35:54.469
This area is surrounded by some of our single family urban

00:35:54.469 --> 00:35:56.000
neighborhoods.

00:35:56.000 --> 00:35:59.000
And we want to make sure that we're sensitive to those.

00:35:59.000 --> 00:36:05.000
And so when we looked at that, let me see.

00:36:05.000 --> 00:36:08.869
So in respect to the sensitivity to scale, I want to show

00:36:08.869 --> 00:36:10.000
you a map.

00:36:10.000 --> 00:36:14.000
So let's go to the next slide.

00:36:14.000 --> 00:36:16.000
So we looked at the location of the subject property.

00:36:16.000 --> 00:36:19.000
So here is the proposal.

00:36:19.000 --> 00:36:22.000
Adjacent to it, we have DCG.

00:36:22.000 --> 00:36:26.000
And then the surrounding NR3.

00:36:26.000 --> 00:36:29.840
So when we looked at the potential scale of DCG development

00:36:29.840 --> 00:36:33.000
and how that affects those surrounding neighborhoods,

00:36:33.000 --> 00:36:37.309
we looked at the zoning pattern and we saw it's surrounded

00:36:37.309 --> 00:36:38.000
by DR2,

00:36:38.000 --> 00:36:41.449
which provides a transition and a gradual reduction in the

00:36:41.449 --> 00:36:43.000
scale of development.

00:36:43.000 --> 00:36:49.280
We also looked at the NRMU and NRMU12 across scripture that

00:36:49.280 --> 00:36:52.739
provided that buffer zone and that transitional area

00:36:52.739 --> 00:36:56.750
between the development patterns associated with DCG as

00:36:56.750 --> 00:37:00.000
well as the uses.

00:37:00.000 --> 00:37:02.849
And the other criteria for approval is the adequate

00:37:02.849 --> 00:37:04.000
infrastructure.

00:37:04.000 --> 00:37:08.050
And those are questions that we will then go through during

00:37:08.050 --> 00:37:12.159
the site plan process and we will make sure that there's

00:37:12.159 --> 00:37:16.090
adequate right of way dedication and sidewalks and water

00:37:16.090 --> 00:37:17.000
and sewer.

00:37:17.000 --> 00:37:21.269
And that all goes during the planning as well as the site

00:37:21.269 --> 00:37:22.000
plan.

00:37:22.000 --> 00:37:23.000
Some site photos.

00:37:23.000 --> 00:37:26.289
I use Google Photos again because once again, they take

00:37:26.289 --> 00:37:28.000
better pictures than I do.

00:37:28.000 --> 00:37:30.000
But here is the subject property.

00:37:30.000 --> 00:37:34.099
This is Normal Street looking north toward the subject

00:37:34.099 --> 00:37:39.000
property at one of the houses associated with the request.

00:37:39.000 --> 00:37:42.000
It has been left off.

00:37:42.000 --> 00:37:46.659
And then this is the view of the property from Bryan Street

00:37:46.659 --> 00:37:47.000
.

00:37:47.000 --> 00:37:49.000
So this is looking north on Bryan Street.

00:37:49.000 --> 00:37:52.000
And then we'll look at my photos, but not good ones.

00:37:52.000 --> 00:37:59.000
These are some of the properties that surround the area.

00:37:59.000 --> 00:38:03.820
Another consideration that we looked at as we did our land

00:38:03.820 --> 00:38:09.719
use analysis is, and particularly after hearing from the

00:38:09.719 --> 00:38:12.340
neighbors during the two neighborhood meetings, was they

00:38:12.340 --> 00:38:14.000
had concerns about scale.

00:38:14.000 --> 00:38:17.300
And so in these mixed use areas, you do want to be

00:38:17.300 --> 00:38:19.000
sensitive to scale.

00:38:19.000 --> 00:38:23.190
And so we looked at the Denton Development Code and there

00:38:23.190 --> 00:38:27.760
are design requirements within the Denton Development Code

00:38:27.760 --> 00:38:31.199
that do allow or do put additional requirements on

00:38:31.199 --> 00:38:35.309
properties so that they maintain an appropriate scale with

00:38:35.309 --> 00:38:38.000
adjacent single family residential.

00:38:38.000 --> 00:38:41.000
So one of those is a minimum yard.

00:38:41.000 --> 00:38:44.690
Within subchapter five of the Denton Development Code, if a

00:38:44.690 --> 00:38:48.010
use is abutting a single family use, they have to have a

00:38:48.010 --> 00:38:51.719
minimum yard of 20 feet, plus one foot for each foot of

00:38:51.719 --> 00:38:54.000
building height over 30 feet.

00:38:54.000 --> 00:38:57.679
So what that does is as the building height goes up, the

00:38:57.679 --> 00:39:01.440
building has to move farther away from the single family

00:39:01.440 --> 00:39:02.000
use.

00:39:02.000 --> 00:39:07.000
Does that make sense?

00:39:07.000 --> 00:39:10.000
Commissioner Beck.

00:39:10.000 --> 00:39:13.440
In the diagrams that look like the building was starting to

00:39:13.440 --> 00:39:14.000
take a slow...

00:39:14.000 --> 00:39:16.000
We'll talk about that one in a minute.

00:39:16.000 --> 00:39:18.070
So these are different elements within the Denton

00:39:18.070 --> 00:39:19.000
Development Code.

00:39:19.000 --> 00:39:22.610
This is one where the minimum yard, so this does move the

00:39:22.610 --> 00:39:24.000
actual building.

00:39:24.000 --> 00:39:26.260
If the building gets taller, we'll talk about that one in

00:39:26.260 --> 00:39:27.000
just a minute.

00:39:27.000 --> 00:39:29.000
Also, there are landscape buffers.

00:39:29.000 --> 00:39:31.090
I know y'all are familiar with those within the Denton

00:39:31.090 --> 00:39:32.000
Development Code.

00:39:32.000 --> 00:39:36.159
If you have adjacent uses, we do require landscape buffer,

00:39:36.159 --> 00:39:40.489
for example, multifamily adjacent to single family requires

00:39:40.489 --> 00:39:43.000
a 10 foot landscape buffer.

00:39:43.000 --> 00:39:45.909
And this is a diagram from the Denton Development Code that

00:39:45.909 --> 00:39:49.000
shows what kind of plantings need to be within that buffer.

00:39:49.000 --> 00:39:52.559
And then the final thing is the residential proximity slope

00:39:52.559 --> 00:39:55.000
, which is what you are referring to.

00:39:55.000 --> 00:39:57.000
And I'm going to...

00:39:57.000 --> 00:39:58.000
Commissioner Tyler.

00:39:58.000 --> 00:40:00.000
Sure.

00:40:00.000 --> 00:40:02.000
I just had a question regarding all of this.

00:40:02.000 --> 00:40:05.989
So we're talking about these buffers and potential

00:40:05.989 --> 00:40:11.059
proximity slope, proximity side yard requirements to single

00:40:11.059 --> 00:40:12.000
family.

00:40:12.000 --> 00:40:13.000
Yes.

00:40:13.000 --> 00:40:17.000
So if you zoom in, I don't see any single...

00:40:17.000 --> 00:40:19.000
Where's the single family?

00:40:19.000 --> 00:40:20.000
Well...

00:40:20.000 --> 00:40:22.000
So would there be a buffer required anywhere?

00:40:22.000 --> 00:40:27.019
Because it looks like an apartment building, apartment

00:40:27.019 --> 00:40:28.000
building.

00:40:28.000 --> 00:40:30.630
So is that... well, those two houses... so is that single

00:40:30.630 --> 00:40:31.000
family or is that...

00:40:31.000 --> 00:40:34.619
This is a single family property that we're not sure if it

00:40:34.619 --> 00:40:38.000
is used as multifamily or used as single family.

00:40:38.000 --> 00:40:42.099
So during the site plan process, during building permit, as

00:40:42.099 --> 00:40:45.519
we go through that, if there are any adjacent... and really

00:40:45.519 --> 00:40:47.000
that would be the property.

00:40:47.000 --> 00:40:50.099
So if the zoning was approved, if they did move forward, we

00:40:50.099 --> 00:40:52.000
would have to make sure that if they are...

00:40:52.000 --> 00:40:56.599
If any single family uses that being probably...

00:40:56.599 --> 00:41:01.000
particularly on the minimum yard would be the one.

00:41:01.000 --> 00:41:04.000
Now, residential proximity slope is a little different.

00:41:04.000 --> 00:41:08.000
So did you want to add something to that, Manal?

00:41:08.000 --> 00:41:11.250
Julie, would you iterate again when we're talking about

00:41:11.250 --> 00:41:15.000
these parameters as it relates to scale and developability.

00:41:15.000 --> 00:41:18.000
These are criteria that are established in the DCG.

00:41:18.000 --> 00:41:21.440
Are they commensurate with those in the DR2 district as

00:41:21.440 --> 00:41:22.000
well?

00:41:22.000 --> 00:41:26.000
This would be required in any... for any development.

00:41:26.000 --> 00:41:30.159
And the intent is to make sure that when you have a mix of

00:41:30.159 --> 00:41:34.000
uses that the adjacent scale is appropriate.

00:41:34.000 --> 00:41:35.000
So thank you, yeah.

00:41:35.000 --> 00:41:36.000
Okay.

00:41:36.000 --> 00:41:39.199
So and then you would have, of course, across the street

00:41:39.199 --> 00:41:42.000
there's single family, maybe on both sides?

00:41:42.000 --> 00:41:46.489
There's some single family across scripture as well as

00:41:46.489 --> 00:41:48.000
across normal.

00:41:48.000 --> 00:41:51.000
And this... maybe this will answer some of your questions.

00:41:51.000 --> 00:41:54.309
So the residential proximity slope, the intent of that is

00:41:54.309 --> 00:41:57.460
to make sure it minimizes visual impacts of taller

00:41:57.460 --> 00:42:00.980
buildings when they're in close proximity to single family

00:42:00.980 --> 00:42:02.000
residential.

00:42:02.000 --> 00:42:06.349
And so it applies not only if the two uses share a property

00:42:06.349 --> 00:42:09.760
line, but if they're also across the street from each other

00:42:09.760 --> 00:42:10.000
.

00:42:10.000 --> 00:42:13.429
So in the... and this may be more applicable in this case

00:42:13.429 --> 00:42:16.280
because we do have some single family uses across the

00:42:16.280 --> 00:42:17.000
street.

00:42:17.000 --> 00:42:22.630
So here's how the residential proximity slope is determined

00:42:22.630 --> 00:42:23.000
.

00:42:23.000 --> 00:42:28.329
When you have a multifamily development, you would... you

00:42:28.329 --> 00:42:32.630
would end up building... if the building height exceeds 40

00:42:32.630 --> 00:42:33.000
feet,

00:42:33.000 --> 00:42:37.489
then you would at the setback line measure up 40 feet in

00:42:37.489 --> 00:42:43.000
the air and then the building would have to be stepped back

00:42:43.000 --> 00:42:48.329
from that at an angle of 35 degrees in order to reduce the

00:42:48.329 --> 00:42:51.210
impact of the height of the building on the adjacent

00:42:51.210 --> 00:42:56.000
sidewalk and on the adjacent properties.

00:42:56.000 --> 00:42:57.000
So just...

00:42:57.000 --> 00:42:58.000
Continue.

00:42:58.000 --> 00:43:04.179
To continue the example, the 20 feet plus one foot per

00:43:04.179 --> 00:43:09.000
height would make a 60 foot mixed use setback.

00:43:09.000 --> 00:43:11.000
Or can we go back to that formula?

00:43:11.000 --> 00:43:12.000
Yeah.

00:43:12.000 --> 00:43:13.000
Is that...

00:43:13.000 --> 00:43:16.000
So if it was adjacent to a single family use...

00:43:16.000 --> 00:43:18.000
Over 30 feet.

00:43:18.000 --> 00:43:19.000
Over 30 feet.

00:43:19.000 --> 00:43:22.300
A 60 foot building would then require a 50 foot setback

00:43:22.300 --> 00:43:24.000
from that single family use.

00:43:24.000 --> 00:43:26.400
Is it measured from that 40 foot edge or is it measured

00:43:26.400 --> 00:43:29.000
from the top of the building somewhere further over here?

00:43:29.000 --> 00:43:31.000
There are two different elements.

00:43:31.000 --> 00:43:34.269
We have... the first... the minimum yard is how far away

00:43:34.269 --> 00:43:38.369
the building is and then the residential proximity slope is

00:43:38.369 --> 00:43:42.000
the stepped back from 40 feet in the air.

00:43:42.000 --> 00:43:42.000
Right.

00:43:42.000 --> 00:43:45.000
But they're co-mingled in that diagram you have.

00:43:45.000 --> 00:43:46.000
So I'm just trying to get...

00:43:46.000 --> 00:43:50.230
Minimum yard, is it based on the 40 foot edge or is it

00:43:50.230 --> 00:43:55.000
based on the maximum height somewhere else in the building?

00:43:55.000 --> 00:43:57.000
I'm not sure I understand the question.

00:43:57.000 --> 00:44:00.440
So let's say it's a hypothetical 100 foot building is being

00:44:00.440 --> 00:44:01.000
built.

00:44:01.000 --> 00:44:02.000
Right.

00:44:02.000 --> 00:44:06.000
It has this 40 foot maximum at the setback.

00:44:06.000 --> 00:44:07.000
Correct.

00:44:07.000 --> 00:44:11.159
And then somewhere over... away from the setback, it's

00:44:11.159 --> 00:44:12.000
taller.

00:44:12.000 --> 00:44:13.000
Yes.

00:44:13.000 --> 00:44:18.000
Does it have to have a 90 foot side yard?

00:44:18.000 --> 00:44:21.000
Because that's 100 minus 30 plus 20.

00:44:21.000 --> 00:44:24.000
Or does it have to have a 30 foot side yard?

00:44:24.000 --> 00:44:25.000
Let me see if I can answer it.

00:44:25.000 --> 00:44:28.000
If I don't answer it, maybe... we'll figure this out.

00:44:28.000 --> 00:44:34.000
So if... let me go back to...

00:44:34.000 --> 00:44:36.000
This was one of my just in case slides.

00:44:36.000 --> 00:44:37.000
I needed my just in case.

00:44:37.000 --> 00:44:38.000
All right.

00:44:38.000 --> 00:44:43.510
So for instance, if here's a single family use, if the

00:44:43.510 --> 00:44:49.239
building was 100 feet adjacent to this single family use,

00:44:49.239 --> 00:44:54.000
it would have to have a 90 foot setback.

00:44:54.000 --> 00:44:56.000
And the physical building.

00:44:56.000 --> 00:44:58.599
And then at that 90 foot edge, it would only be 40 feet

00:44:58.599 --> 00:44:59.000
tall.

00:44:59.000 --> 00:45:00.000
No.

00:45:00.000 --> 00:45:01.000
Well, yes, at 40 feet tall.

00:45:01.000 --> 00:45:03.099
And it would have to be setback for the residential

00:45:03.099 --> 00:45:04.000
proximity slope.

00:45:04.000 --> 00:45:07.190
So if any part of the building is 100 feet, it would have

00:45:07.190 --> 00:45:09.000
to have a 90 foot side yard?

00:45:09.000 --> 00:45:12.650
And this is... there's a huge difference in a 30 foot side

00:45:12.650 --> 00:45:13.000
yard.

00:45:13.000 --> 00:45:16.539
Only if it was... only if it shared a property line with a

00:45:16.539 --> 00:45:18.000
single family use.

00:45:18.000 --> 00:45:21.429
If it was across the street, that minimum side yard... that

00:45:21.429 --> 00:45:24.000
minimum yard would not apply.

00:45:24.000 --> 00:45:26.000
Okay.

00:45:26.000 --> 00:45:28.000
Did I answer your question?

00:45:28.000 --> 00:45:31.280
So if any part of the building is 100 feet, that's what...

00:45:31.280 --> 00:45:33.849
or whatever height, the maximum height of the building

00:45:33.849 --> 00:45:35.000
determines...

00:45:35.000 --> 00:45:38.000
Depending on the adjacent use.

00:45:38.000 --> 00:45:39.000
Yes.

00:45:39.000 --> 00:45:41.000
It all hinges on the adjacent use.

00:45:41.000 --> 00:45:44.989
So that's... again, so maximum height of the building

00:45:44.989 --> 00:45:49.369
adjacent to single family use is used determining the side

00:45:49.369 --> 00:45:55.000
yard requirement, not the height at the side yard.

00:45:55.000 --> 00:45:59.000
Julie, pull up that diagram again.

00:45:59.000 --> 00:46:01.760
I think we're talking somewhat the same thing, but we're

00:46:01.760 --> 00:46:04.440
not hitting... I guess we're not understanding your

00:46:04.440 --> 00:46:05.000
question.

00:46:05.000 --> 00:46:07.760
And this is a diagram just to show the residential

00:46:07.760 --> 00:46:09.000
proximity slope.

00:46:09.000 --> 00:46:12.000
So it doesn't conflate those two requirements.

00:46:12.000 --> 00:46:15.869
Well, it does... it makes you setback, which is the 20 feet

00:46:15.869 --> 00:46:18.000
plus 1 foot over 30.

00:46:18.000 --> 00:46:20.000
Yes. Yes.

00:46:20.000 --> 00:46:24.460
So... and that's my key... my question is, if it goes by

00:46:24.460 --> 00:46:28.750
just kind of the nearest edge, 40 feet, that creates a 30

00:46:28.750 --> 00:46:30.000
foot setback.

00:46:30.000 --> 00:46:33.510
If it goes by the tallest point on the building somewhere

00:46:33.510 --> 00:46:35.000
else, it could create a...

00:46:35.000 --> 00:46:38.000
Then that setback could be much more significant.

00:46:38.000 --> 00:46:43.000
And so which way is the math calculated?

00:46:43.000 --> 00:46:46.570
I guess it would depend going back to what is the adjacency

00:46:46.570 --> 00:46:50.420
, so it would then render developability, right? Is what you

00:46:50.420 --> 00:46:51.000
're...

00:46:51.000 --> 00:46:54.869
But you can't have a 100 foot wall... if you made it 100

00:46:54.869 --> 00:46:57.000
feet tall here, that would be illegal.

00:46:57.000 --> 00:46:59.590
It would make you have a 90 foot setback, and then you

00:46:59.590 --> 00:47:02.000
still would have to have a 40 foot minimum height or

00:47:02.000 --> 00:47:03.000
maximum height.

00:47:03.000 --> 00:47:06.300
You're right. You could not have a minimum... you are... oh

00:47:06.300 --> 00:47:09.000
, I got it. Yes.

00:47:09.000 --> 00:47:10.000
So highest point.

00:47:10.000 --> 00:47:13.000
Highest point adjacency. Yes.

00:47:13.000 --> 00:47:14.000
Okay.

00:47:14.000 --> 00:47:17.000
Alright.

00:47:17.000 --> 00:47:20.869
So the highest point on the building determines the mixed

00:47:20.869 --> 00:47:24.000
use setback from a single family use.

00:47:24.000 --> 00:47:26.000
Yes. Yes.

00:47:26.000 --> 00:47:29.000
Okay. Thank you.

00:47:29.000 --> 00:47:32.000
Alright.

00:47:32.000 --> 00:47:34.000
Commissioner Beck.

00:47:34.000 --> 00:47:36.000
Thank you, Chair.

00:47:36.000 --> 00:47:38.860
I'm still flummoxed a little bit about how we're talking

00:47:38.860 --> 00:47:40.000
about scale here.

00:47:40.000 --> 00:47:42.000
Okay.

00:47:42.000 --> 00:47:45.280
We're going to be talking about a five story building that

00:47:45.280 --> 00:47:49.369
's going to be in close proximity to houses and two story

00:47:49.369 --> 00:47:53.000
apartment complexes.

00:47:53.000 --> 00:47:55.000
It's going to stick out like a sore thumb to me.

00:47:55.000 --> 00:47:58.889
I just... the scale is going to be... I don't see how you

00:47:58.889 --> 00:48:03.000
can get a scale that blends in with the neighborhood.

00:48:03.000 --> 00:48:09.170
So how do we even come to some understanding of scale when

00:48:09.170 --> 00:48:11.159
we're talking about a building that's going to be at least

00:48:11.159 --> 00:48:12.000
five stories high?

00:48:12.000 --> 00:48:15.170
Well, and that's really where the residential proximity

00:48:15.170 --> 00:48:18.590
slope comes in because it is intended for these mixed use

00:48:18.590 --> 00:48:21.500
areas where you do potentially have buildings that are

00:48:21.500 --> 00:48:24.000
taller than the adjacent properties.

00:48:24.000 --> 00:48:28.389
So the intent is to kind of visually mute those upper

00:48:28.389 --> 00:48:33.840
floors because you figure at 40 feet you're probably at the

00:48:33.840 --> 00:48:35.000
third floor.

00:48:35.000 --> 00:48:40.769
And so it's going to then be stepped back so that it's not

00:48:40.769 --> 00:48:44.000
as looming on the sidewalk.

00:48:44.000 --> 00:48:49.000
Okay.

00:48:49.000 --> 00:48:51.000
Commissioner Hussbett.

00:48:51.000 --> 00:48:54.000
Can we look at the future land use map again?

00:48:54.000 --> 00:48:56.000
Sure.

00:48:56.000 --> 00:48:58.000
Please, thank you.

00:48:58.000 --> 00:48:59.000
Okay.

00:48:59.000 --> 00:49:04.619
So darker blue and then it kind of transitions lighter blue

00:49:04.619 --> 00:49:05.000
.

00:49:05.000 --> 00:49:08.179
So help me understand this type of development at the end

00:49:08.179 --> 00:49:10.000
of the transition, right?

00:49:10.000 --> 00:49:13.000
Because here's what it feels like to me.

00:49:13.000 --> 00:49:15.860
We couldn't buy any property closer to UNT and so we found

00:49:15.860 --> 00:49:18.000
this and we're going to stick it here.

00:49:18.000 --> 00:49:22.539
That's how it -- but if I'm looking at how things flow, it

00:49:22.539 --> 00:49:27.000
should be tailing off there, not hitting stride.

00:49:27.000 --> 00:49:29.000
Am I reading that wrong?

00:49:29.000 --> 00:49:31.000
Well, but we already have.

00:49:31.000 --> 00:49:33.000
In fact, the end of it is already DCG.

00:49:33.000 --> 00:49:36.300
So really this is just a continuation of an existing zoning

00:49:36.300 --> 00:49:38.000
pattern that's there now.

00:49:38.000 --> 00:49:44.559
So -- and it's based upon the historical zoning and how

00:49:44.559 --> 00:49:48.000
this area has developed.

00:49:48.000 --> 00:49:51.179
So I hear you and we've looked at all of these factors, but

00:49:51.179 --> 00:49:55.000
due to the existing zoning pattern that's there now,

00:49:55.000 --> 00:49:59.000
this really is just a continuation of what's there.

00:49:59.000 --> 00:50:00.000
Continue.

00:50:00.000 --> 00:50:01.000
Okay.

00:50:01.000 --> 00:50:03.000
So let's take that approach.

00:50:03.000 --> 00:50:08.019
Well, I still would like -- I'll answer my question with a

00:50:08.019 --> 00:50:09.000
statement.

00:50:09.000 --> 00:50:13.650
I don't think we should be hitting stride at the end of the

00:50:13.650 --> 00:50:15.000
transition.

00:50:15.000 --> 00:50:22.000
But even that -- when I look at the comparison between --

00:50:22.000 --> 00:50:25.139
the only bad things are not allowed, in my opinion, for

00:50:25.139 --> 00:50:26.000
that area, right?

00:50:26.000 --> 00:50:27.000
That's my humble opinion.

00:50:27.000 --> 00:50:30.780
When I look at the comparison, we're talking hotels, bed

00:50:30.780 --> 00:50:34.000
and breakfast, retail sales, movie theaters with SUP,

00:50:34.000 --> 00:50:37.000
restaurants, private clubs, bars.

00:50:37.000 --> 00:50:44.639
And so I don't -- as is, seems that it would accommodate

00:50:44.639 --> 00:50:47.000
whatever needs to be done.

00:50:47.000 --> 00:50:51.000
And transitioning opens a lot of doors.

00:50:51.000 --> 00:50:55.590
And so my question is, this is -- what is the height

00:50:55.590 --> 00:50:57.000
difference? Because that's the only thing not listed kind

00:50:57.000 --> 00:50:57.000
of in this chart.

00:50:57.000 --> 00:51:01.369
So what are we talking the difference in height from DR2 to

00:51:01.369 --> 00:51:02.000
DCG?

00:51:02.000 --> 00:51:05.269
Because I think it's important to also understand this area

00:51:05.269 --> 00:51:06.000
, right?

00:51:06.000 --> 00:51:09.000
Because the other apartment complex is on a hill.

00:51:09.000 --> 00:51:12.840
And so it kind of naturally kind of -- it's the first thing

00:51:12.840 --> 00:51:15.000
you see and it's on a hill.

00:51:15.000 --> 00:51:17.849
So as you're driving up a hill, it's kind of going uphill

00:51:17.849 --> 00:51:20.000
and it has just a different feel to it.

00:51:20.000 --> 00:51:22.849
It may be the same height, it may all be the same, but it

00:51:22.849 --> 00:51:25.000
feels different, looks different.

00:51:25.000 --> 00:51:30.000
By the time it levels out, that development levels out.

00:51:30.000 --> 00:51:33.679
So comparing apples to apples, what are we talking about

00:51:33.679 --> 00:51:37.030
height difference if we leave it -- if it's left as is

00:51:37.030 --> 00:51:39.000
versus where they want to go?

00:51:39.000 --> 00:51:44.639
DR2 permits 45 feet in height, a three or four story

00:51:44.639 --> 00:51:46.000
building.

00:51:46.000 --> 00:51:49.989
DCG permits 100 feet, probably about an eight story

00:51:49.989 --> 00:51:51.000
building.

00:51:51.000 --> 00:51:53.000
Give that to me again, I'm sorry.

00:51:53.000 --> 00:51:59.000
DR2 permits 45 feet, so three or four story building.

00:51:59.000 --> 00:52:05.000
DCG permits 100 feet, about an eight story building.

00:52:05.000 --> 00:52:11.000
And that's -- my math, that's double, right? Over double?

00:52:11.000 --> 00:52:12.000
Yes, sir.

00:52:12.000 --> 00:52:14.000
Outstanding. Thank you.

00:52:14.000 --> 00:52:16.000
Ms. Menard would like to make some clarification.

00:52:16.000 --> 00:52:18.909
Just to -- a point of clarification, Julie, if you would go

00:52:18.909 --> 00:52:22.099
to the zoning map or a map that reflects the subject

00:52:22.099 --> 00:52:23.000
property,

00:52:23.000 --> 00:52:26.300
keep in mind that, you know, the commission has raised

00:52:26.300 --> 00:52:30.000
questions regarding development and what has been

00:52:30.000 --> 00:52:33.000
intermitted to staff as to what is being developed.

00:52:33.000 --> 00:52:35.940
A portion of that property is already zoned DCG, which can

00:52:35.940 --> 00:52:38.000
go up to that height of 100 feet.

00:52:38.000 --> 00:52:40.000
There is a split zoning on the property.

00:52:40.000 --> 00:52:45.309
The overall developable property. So I wanted to highlight

00:52:45.309 --> 00:52:46.000
that so that it was clear to the audience and, of course,

00:52:46.000 --> 00:52:48.480
definitely I'm sure the PNZ is aware of this, that you've

00:52:48.480 --> 00:52:52.320
got property that is partially developable with DCG and a

00:52:52.320 --> 00:52:55.000
part that is under DR2.

00:52:55.000 --> 00:52:56.000
Commissioner Hutchins.

00:52:56.000 --> 00:53:00.800
Sorry, Margie. So just to be clear, they could -- then they

00:53:00.800 --> 00:53:04.340
could develop that currently and they could put their

00:53:04.340 --> 00:53:06.000
building there if they want, right?

00:53:06.000 --> 00:53:07.000
Correct.

00:53:07.000 --> 00:53:10.579
And we're not complicit in that. I mean, that's their

00:53:10.579 --> 00:53:11.000
decision.

00:53:11.000 --> 00:53:13.000
They can do it. They can squeeze it in.

00:53:13.000 --> 00:53:15.000
And we don't have to vote on anything.

00:53:15.000 --> 00:53:18.329
In terms of the land uses, the discussion that's before you

00:53:18.329 --> 00:53:21.099
tonight, the applicant is requesting a change in zoning

00:53:21.099 --> 00:53:22.000
primarily,

00:53:22.000 --> 00:53:24.409
if I'm not mistaken, and the applicant will be present to

00:53:24.409 --> 00:53:27.329
discuss it, is to consolidate the zoning on the property to

00:53:27.329 --> 00:53:32.000
have one like zoning so that they can follow the one single

00:53:32.000 --> 00:53:35.000
zoning design criteria.

00:53:35.000 --> 00:53:37.630
That is the intent of the request before you. In terms of

00:53:37.630 --> 00:53:41.099
the uses and the uses that have been discussed tonight,

00:53:41.099 --> 00:53:43.000
they're permitted by right.

00:53:43.000 --> 00:53:45.000
For that segment?

00:53:45.000 --> 00:53:47.000
For both the DR2 and the DCG zoning.

00:53:47.000 --> 00:53:49.000
Sure. Excellent. Thank you.

00:53:49.000 --> 00:53:50.000
Commissioner Ellis.

00:53:50.000 --> 00:53:52.000
Thank you, Chair.

00:53:52.000 --> 00:53:55.940
Could go back to Commissioner Hutspeth. He talked about

00:53:55.940 --> 00:53:57.000
transition.

00:53:57.000 --> 00:53:59.590
And we've talked about this before when we've had some

00:53:59.590 --> 00:54:02.329
other projects come before us with that university

00:54:02.329 --> 00:54:03.000
transition.

00:54:03.000 --> 00:54:07.260
Can you give me the city's definition of what that looks

00:54:07.260 --> 00:54:08.000
like?

00:54:08.000 --> 00:54:11.619
I don't know if there is a specific definition because when

00:54:11.619 --> 00:54:15.500
you're talking about transitioning, and we all may want to

00:54:15.500 --> 00:54:21.079
jump in if we're talking about transitioning in our core,

00:54:21.079 --> 00:54:23.000
you know, in downtown, it's going to look a lot different

00:54:23.000 --> 00:54:27.000
than transition, say, on the loop, our more suburban areas.

00:54:27.000 --> 00:54:34.000
So in this respect, yes, the DCG permits 100 foot building.

00:54:34.000 --> 00:54:37.510
And then the adjacent NRMU permits 65, so that's stepping

00:54:37.510 --> 00:54:38.000
down.

00:54:38.000 --> 00:54:42.000
And then the NR3 permits, you know, 40 foot building.

00:54:42.000 --> 00:54:46.000
So it allows that building to step down.

00:54:46.000 --> 00:54:49.000
Additionally, the uses. You can also transition the uses.

00:54:49.000 --> 00:54:57.000
So the uses within DR2 and DCG have commercial uses. They

00:54:57.000 --> 00:54:57.000
have multifamily.

00:54:57.000 --> 00:55:00.360
They have, you know, the densities. DCG permits 150

00:55:00.360 --> 00:55:04.199
dwelling units per acre and DR2 permits 30 dwelling units

00:55:04.199 --> 00:55:05.000
per acre.

00:55:05.000 --> 00:55:09.550
NRMU and NRMU 12 also have, permit multifamily with some

00:55:09.550 --> 00:55:13.000
limitations in SUP and also permits some commercial uses.

00:55:13.000 --> 00:55:16.559
So that also transitions those uses from more of a mixed

00:55:16.559 --> 00:55:20.269
use area down into that single family neighborhood that's

00:55:20.269 --> 00:55:21.000
surrounding it.

00:55:21.000 --> 00:55:24.440
So when we talk about that transition, that's what we mean

00:55:24.440 --> 00:55:29.000
here. In other parts of the city, it might look different.

00:55:29.000 --> 00:55:32.000
Okay, so we're talking about transition from the zoning.

00:55:32.000 --> 00:55:35.099
And I guess I was talking about transition with the

00:55:35.099 --> 00:55:36.000
university.

00:55:36.000 --> 00:55:42.530
Oh, okay. I can. All right. In terms of the future land use

00:55:42.530 --> 00:55:51.599
designation, we don't have a specific definition for the

00:55:51.599 --> 00:55:55.000
neighborhood university compatibility area.

00:55:55.000 --> 00:55:59.010
What we have in the Denton Plan 2030 is you have kind of

00:55:59.010 --> 00:56:02.179
the intent of what that is and then what the design

00:56:02.179 --> 00:56:04.000
guidelines look like.

00:56:04.000 --> 00:56:08.239
So when we look at a request, we look at the intent and

00:56:08.239 --> 00:56:13.000
these are bullet points that bring out what that intent is.

00:56:13.000 --> 00:56:15.309
And then we look at the zoning district and see if that

00:56:15.309 --> 00:56:19.000
matches it. So we don't really have a specific definition.

00:56:19.000 --> 00:56:21.559
And Manal, it sounds like she wants to add something to

00:56:21.559 --> 00:56:22.000
that.

00:56:22.000 --> 00:56:23.420
So we look at the dark blue and we look at the light blue

00:56:23.420 --> 00:56:27.000
on the screen. And I think that's where the query arises is

00:56:27.000 --> 00:56:30.170
, well, if this truly is supposed to be, yes, it is a

00:56:30.170 --> 00:56:32.539
neighborhood university compatibility area based on the

00:56:32.539 --> 00:56:33.000
confline.

00:56:33.000 --> 00:56:37.289
But it also reflects a transitional type fading in of uses

00:56:37.289 --> 00:56:42.000
or blending in of uses, perhaps lower scale, perhaps not.

00:56:42.000 --> 00:56:46.000
But that is the ultimate goal or the guiding tool.

00:56:46.000 --> 00:56:49.789
However, when you've got smaller parcels of land that are

00:56:49.789 --> 00:56:54.059
littered or that are dotted with specific zoning categories

00:56:54.059 --> 00:56:57.000
where there is an opportunity to consolidate,

00:56:57.000 --> 00:57:00.019
when you know the uses are pretty much like within that

00:57:00.019 --> 00:57:03.510
compatibility area, then the discussion pretty much hinges

00:57:03.510 --> 00:57:06.639
more on what is going to, what is the most beneficial in

00:57:06.639 --> 00:57:10.000
terms of compatibility of zoning district at this point.

00:57:10.000 --> 00:57:11.000
Continue.

00:57:11.000 --> 00:57:12.000
Thank you, Chair.

00:57:12.000 --> 00:57:15.119
Right. And I guess that's what's so difficult about this

00:57:15.119 --> 00:57:17.489
right now is because you think of transition out and you

00:57:17.489 --> 00:57:20.000
think of getting smaller, right?

00:57:20.000 --> 00:57:23.449
And so I guess we already have ourselves a problem just

00:57:23.449 --> 00:57:27.159
because of current zoning that sits on part of this land on

00:57:27.159 --> 00:57:30.650
scripture, because we could transition down and then it can

00:57:30.650 --> 00:57:33.500
bump up because it's allowed right now with the way it's z

00:57:33.500 --> 00:57:34.000
oned.

00:57:34.000 --> 00:57:39.730
So I think the hard part is if we now start creeping this

00:57:39.730 --> 00:57:46.079
way and allow this up zone in these two parcels, you know,

00:57:46.079 --> 00:57:49.000
are we now moving that transitional line?

00:57:49.000 --> 00:57:52.269
And, you know, does it become a domino effect and now

00:57:52.269 --> 00:57:55.940
suddenly the transitional line for the university is now at

00:57:55.940 --> 00:57:57.000
scripture?

00:57:57.000 --> 00:58:01.000
And then we're transitioning from there.

00:58:01.000 --> 00:58:12.000
So that's where my head is at the moment.

00:58:12.000 --> 00:58:13.000
Commissioner Taylor.

00:58:13.000 --> 00:58:19.000
Two kind of small technical questions.

00:58:19.000 --> 00:58:22.440
Do we know the square footage of the current DCG part and

00:58:22.440 --> 00:58:25.000
then the part requested to be rezoned?

00:58:25.000 --> 00:58:27.000
I don't have that information.

00:58:27.000 --> 00:58:31.139
DC, the current is about 1.7 and the current and the

00:58:31.139 --> 00:58:33.000
proposed is about 1.3 ish.

00:58:33.000 --> 00:58:35.000
So it's anywhere in there.

00:58:35.000 --> 00:58:37.000
Thank you.

00:58:37.000 --> 00:58:38.000
Commissioner Ellis.

00:58:38.000 --> 00:58:39.000
Thank you, Chair.

00:58:39.000 --> 00:58:43.530
Clarification, how did we end up with a zoning split in the

00:58:43.530 --> 00:58:45.000
middle of a lot?

00:58:45.000 --> 00:58:46.000
I can answer that.

00:58:46.000 --> 00:58:47.000
You can.

00:58:47.000 --> 00:58:48.000
Okay.

00:58:48.000 --> 00:58:49.000
Thank you.

00:58:49.000 --> 00:58:50.000
Well, okay.

00:58:50.000 --> 00:58:51.000
I know a partial.

00:58:51.000 --> 00:58:54.639
This building that's there, that institutional use was

00:58:54.639 --> 00:58:58.349
built in the early '80s and it was built over a property

00:58:58.349 --> 00:58:59.000
line.

00:58:59.000 --> 00:59:06.170
And so at some point they consolidated and it matched the

00:59:06.170 --> 00:59:09.000
zoning at the time.

00:59:09.000 --> 00:59:12.000
At some point they consolidated that property into one lot.

00:59:12.000 --> 00:59:14.559
So the building was built over a property line over the

00:59:14.559 --> 00:59:17.039
different zoning districts and then at some point they

00:59:17.039 --> 00:59:19.000
consolidated the lot.

00:59:19.000 --> 00:59:21.000
And now they're proposing to consolidate the zoning.

00:59:21.000 --> 00:59:28.000
So yeah.

00:59:28.000 --> 00:59:30.000
I have one more clarification question.

00:59:30.000 --> 00:59:33.510
On the map, the way it's cut out, there looks like there is

00:59:33.510 --> 00:59:37.000
a parcel that sits on the corner of Bryan and scripture.

00:59:37.000 --> 00:59:41.000
Is that someone else's property?

00:59:41.000 --> 00:59:43.000
Is that going to be part of this?

00:59:43.000 --> 00:59:45.000
It would be a part of it if --

00:59:45.000 --> 00:59:46.000
And it's already zoned?

00:59:46.000 --> 00:59:47.000
Yes, ma'am.

00:59:47.000 --> 00:59:48.000
Yes, ma'am.

00:59:48.000 --> 00:59:49.000
Okay.

00:59:49.000 --> 00:59:50.000
Very good.

00:59:50.000 --> 00:59:51.000
Thank you.

00:59:51.000 --> 00:59:52.000
Commissioner Beck.

00:59:52.000 --> 00:59:53.000
Thanks, Chair.

00:59:53.000 --> 00:59:58.000
I don't know what Commissioner Ells is talking about.

00:59:58.000 --> 01:00:03.420
I'm just trying to figure out how did we get DCG down at

01:00:03.420 --> 01:00:06.000
that end of this area?

01:00:06.000 --> 01:00:10.000
Because I don't mind the usages.

01:00:10.000 --> 01:00:12.000
I don't have any problem with the usages.

01:00:12.000 --> 01:00:15.000
I think that bodes well for us.

01:00:15.000 --> 01:00:17.349
But how did we get down to somewhere where you could build

01:00:17.349 --> 01:00:20.239
a 100-foot high building when you don't have that anywhere

01:00:20.239 --> 01:00:21.000
near that area?

01:00:21.000 --> 01:00:23.000
Or back the other way?

01:00:23.000 --> 01:00:25.590
So how did we -- and I know this -- it's a done deal in its

01:00:25.590 --> 01:00:27.000
history and everything.

01:00:27.000 --> 01:00:29.000
But back in 2002, they did this.

01:00:29.000 --> 01:00:31.000
What was going on in their minds?

01:00:31.000 --> 01:00:33.000
Here's what they did.

01:00:33.000 --> 01:00:36.510
The current zoning, during the citywide rezoning in 2002,

01:00:36.510 --> 01:00:39.000
they rezoned it based upon what was on the site.

01:00:39.000 --> 01:00:42.000
And in this case -- and then with the historical zoning.

01:00:42.000 --> 01:00:45.000
And this historical zoning here was all office.

01:00:45.000 --> 01:00:50.719
This was the flow hospital, and apparently it was a major

01:00:50.719 --> 01:00:52.440
-- it was the county -- it was a major hospital within the

01:00:52.440 --> 01:00:53.000
city of Denton.

01:00:53.000 --> 01:00:56.289
So this really was a note of activity, medical activity

01:00:56.289 --> 01:00:58.000
within the city of Denton.

01:00:58.000 --> 01:01:01.829
And a lot of these properties were pharmacies or doctor's

01:01:01.829 --> 01:01:06.000
offices, things that were associated with the hospital.

01:01:06.000 --> 01:01:08.760
So I think, you know, as the area has evolved, as the

01:01:08.760 --> 01:01:13.050
university has grown, as students have -- you know, as that

01:01:13.050 --> 01:01:14.000
population has grown,

01:01:14.000 --> 01:01:19.329
it's gone from that note of medical activity onto more of a

01:01:19.329 --> 01:01:22.000
center of a residential area.

01:01:22.000 --> 01:01:23.000
Okay.

01:01:23.000 --> 01:01:26.840
So some of it, the reasoning was based on how it would feed

01:01:26.840 --> 01:01:29.000
off of what was the hospital.

01:01:29.000 --> 01:01:30.000
Yes.

01:01:30.000 --> 01:01:33.000
I mean, that was -- that started before we had zoning.

01:01:33.000 --> 01:01:37.000
So there was farms and fields all around it.

01:01:37.000 --> 01:01:41.300
But still, there was the residential aspect of this whole

01:01:41.300 --> 01:01:42.000
area.

01:01:42.000 --> 01:01:49.000
Once we lost flow, we kept the DCG there anyway.

01:01:49.000 --> 01:01:52.780
Was there no -- again, it just seems odd to have not

01:01:52.780 --> 01:01:56.440
reflected the change once flow was gone, and we're left

01:01:56.440 --> 01:01:57.000
with that now.

01:01:57.000 --> 01:01:58.000
And I don't know the answer to that.

01:01:58.000 --> 01:02:00.590
And that's being used in part to justify adding on to it

01:02:00.590 --> 01:02:01.000
now.

01:02:01.000 --> 01:02:02.000
Right.

01:02:02.000 --> 01:02:05.010
I don't know the answer to why they chose what they chose

01:02:05.010 --> 01:02:06.000
at that point.

01:02:06.000 --> 01:02:07.000
Okay.

01:02:07.000 --> 01:02:08.000
Just thinking out loud there.

01:02:08.000 --> 01:02:09.000
Thanks.

01:02:09.000 --> 01:02:10.000
You all want me to finish?

01:02:10.000 --> 01:02:12.480
I'm going to make a comment, and I know we're getting close

01:02:12.480 --> 01:02:13.000
on time.

01:02:13.000 --> 01:02:17.849
Just kind of observation, I know we've had a project before

01:02:17.849 --> 01:02:21.000
us a few months ago at Fry Street.

01:02:21.000 --> 01:02:24.500
And there's a lot of conversation here on our commission

01:02:24.500 --> 01:02:26.000
about transitions.

01:02:26.000 --> 01:02:29.199
And I guess just kind of my throwout on the table of the

01:02:29.199 --> 01:02:33.329
commission is that as these projects continue to come

01:02:33.329 --> 01:02:34.000
forward,

01:02:34.000 --> 01:02:38.400
we had a project that was proposed smaller in scale, closer

01:02:38.400 --> 01:02:43.840
to the university, and it was -- you know, there was not

01:02:43.840 --> 01:02:45.000
support for it.

01:02:45.000 --> 01:02:49.550
And now we have a project that's currently zoned that's

01:02:49.550 --> 01:02:51.000
farther away.

01:02:51.000 --> 01:02:53.809
And I don't know as a city how we get to a place of where

01:02:53.809 --> 01:02:56.000
is the appropriate place to build them,

01:02:56.000 --> 01:02:58.599
because when somebody comes before us and wants to do it

01:02:58.599 --> 01:03:01.000
closer to the university, it's a no.

01:03:01.000 --> 01:03:04.000
And they go to somewhere that is zoned for the most part,

01:03:04.000 --> 01:03:07.099
the biggest part of it, that can be considerably taller

01:03:07.099 --> 01:03:09.000
than what was before us.

01:03:09.000 --> 01:03:11.000
And it's a no-go there.

01:03:11.000 --> 01:03:14.840
And I struggle a little bit as a commissioner going, well,

01:03:14.840 --> 01:03:19.599
how do we find some consensus here for people to be able to

01:03:19.599 --> 01:03:22.000
provide some student housing?

01:03:22.000 --> 01:03:23.000
Where is it?

01:03:23.000 --> 01:03:26.519
If it's closer over to Oak Street, the historic district is

01:03:26.519 --> 01:03:28.000
even more upset about it.

01:03:28.000 --> 01:03:30.909
If it's farther away from Oak Street and where there's

01:03:30.909 --> 01:03:34.000
commercial properties, it's no good there either.

01:03:34.000 --> 01:03:38.289
And so I just want to point that out that at some place we

01:03:38.289 --> 01:03:42.059
've got to find some consistency, I think, as a commission

01:03:42.059 --> 01:03:45.000
of what we are going to do or where we are going to go.

01:03:45.000 --> 01:03:48.559
So people that listen to our meetings that go back and look

01:03:48.559 --> 01:03:51.949
at properties and bring projects go, well, we don't want it

01:03:51.949 --> 01:03:53.000
closer to Oak Street.

01:03:53.000 --> 01:03:55.760
We'll go somewhere -- I don't want it -- it's too far away

01:03:55.760 --> 01:03:57.000
and not a transition.

01:03:57.000 --> 01:04:00.019
It's a little bit of a contradiction for folks that are

01:04:00.019 --> 01:04:03.130
trying to do business as a commission to give that mixed

01:04:03.130 --> 01:04:04.000
message.

01:04:04.000 --> 01:04:06.000
And so, you know, it's currently zoned.

01:04:06.000 --> 01:04:08.000
And I want to pose a question.

01:04:08.000 --> 01:04:10.559
Do we know what height that they're proposing to build on

01:04:10.559 --> 01:04:11.000
there?

01:04:11.000 --> 01:04:14.300
Do we have a guide into that particular -- I'm sure as far

01:04:14.300 --> 01:04:17.000
as they are, they've already got plans.

01:04:17.000 --> 01:04:20.429
And I know we can't consider that as part of our motion

01:04:20.429 --> 01:04:24.239
unless we know that they already have some other plan that

01:04:24.239 --> 01:04:26.000
we can put a cap or something like that.

01:04:26.000 --> 01:04:28.000
An overlay. It can't be a maximum height.

01:04:28.000 --> 01:04:31.150
Do we know how tall the building is that they're currently

01:04:31.150 --> 01:04:32.000
proposing?

01:04:32.000 --> 01:04:34.590
>> Chairperson Strange, I'm sure the applicant will have

01:04:34.590 --> 01:04:36.000
information related to that.

01:04:36.000 --> 01:04:38.960
We understood that what the use is with the intended use or

01:04:38.960 --> 01:04:42.000
the primary use of the property that it was permitted.

01:04:42.000 --> 01:04:45.000
So we didn't tackle the height of the building.

01:04:45.000 --> 01:04:49.539
As you are aware, there is significant commentary from our

01:04:49.539 --> 01:04:53.000
community as to what they think of the use.

01:04:53.000 --> 01:04:57.550
Again, we had to be very considerate of what the request

01:04:57.550 --> 01:04:59.000
was before us.

01:04:59.000 --> 01:05:01.559
So I'm sure the applicant will have more information as it

01:05:01.559 --> 01:05:04.000
relates to specificity associated with their project.

01:05:04.000 --> 01:05:07.900
And with that, if the commission is looking at adding or

01:05:07.900 --> 01:05:11.000
incorporating some type of, as you mentioned,

01:05:11.000 --> 01:05:14.000
a cap or an overlay for the lack of a better word,

01:05:14.000 --> 01:05:16.000
restriction,

01:05:16.000 --> 01:05:18.590
then that is the opportunity that the commission can

01:05:18.590 --> 01:05:21.000
discuss as well at regular meeting probably.

01:05:21.000 --> 01:05:25.000
>> Okay. Quick question before we close.

01:05:25.000 --> 01:05:28.510
>> Quick question. Quick response pretty much to what you

01:05:28.510 --> 01:05:29.000
said.

01:05:29.000 --> 01:05:32.300
I understand that that makes it difficult when we have this

01:05:32.300 --> 01:05:34.000
kind of assessment for us.

01:05:34.000 --> 01:05:38.389
But part of what needs to be incorporated in here and Manal

01:05:38.389 --> 01:05:43.000
tapped on it is the area specific has to be factored into.

01:05:43.000 --> 01:05:46.440
The north side of the UNT campus is distinct in ways that

01:05:46.440 --> 01:05:49.000
other areas around the campus are not.

01:05:49.000 --> 01:05:53.000
I love this design. I love these kind of buildings.

01:05:53.000 --> 01:05:55.000
I think we need this kind of density.

01:05:55.000 --> 01:05:58.000
I just think there's a lot of other places it could go.

01:05:58.000 --> 01:06:00.000
So that's kind of the conflict I'm having with it there.

01:06:00.000 --> 01:06:02.000
Yeah, technically it's on that way.

01:06:02.000 --> 01:06:05.000
But look at the area where you're going to do that.

01:06:05.000 --> 01:06:07.590
It's going to have, in my opinion, more of a negative

01:06:07.590 --> 01:06:10.489
impact there than it would say over on Eagle or west of

01:06:10.489 --> 01:06:12.000
there and stuff like that.

01:06:12.000 --> 01:06:15.000
So that's why I'm raising some questions.

01:06:15.000 --> 01:06:17.760
>> Those are some of the elements that perhaps the

01:06:17.760 --> 01:06:19.000
commission can look at.

01:06:19.000 --> 01:06:21.809
But from a planning division standpoint, we purely looked

01:06:21.809 --> 01:06:25.980
at the request itself, which was a request for a change in

01:06:25.980 --> 01:06:27.000
zoning.

01:06:27.000 --> 01:06:32.000
>> With that, I'm going to close our work session at 628

01:06:32.000 --> 01:06:34.329
and we'll reconvene as quickly as we can in council

01:06:34.329 --> 01:06:35.000
chambers.

01:06:43.000 --> 01:06:46.000
>> Okay, everybody quiet. We're about to start.

01:06:46.000 --> 01:06:49.000
Okay, starting in five, four, three.

01:06:51.000 --> 01:06:52.949
>> Good evening and welcome to the City of Denton Planning

01:06:52.949 --> 01:06:58.000
and Zoning Commission meeting for February 22, 2017.

01:06:58.000 --> 01:07:02.260
This meeting has been dually posted and we have a quorum

01:07:02.260 --> 01:07:03.000
present.

01:07:03.000 --> 01:07:06.000
And I'm going to call our meeting to order at 645.

01:07:06.000 --> 01:07:08.769
Our first order of business will be to stand and give the

01:07:08.769 --> 01:07:11.000
pledge to the U.S. and Texas flags.

01:07:14.000 --> 01:07:16.820
>> I pledge allegiance to the flag of the United States of

01:07:16.820 --> 01:07:22.000
America and to the republic for which it stands,

01:07:22.000 --> 01:07:27.079
one nation under God, indivisible, with liberty and justice

01:07:27.079 --> 01:07:28.000
for all.

01:07:28.000 --> 01:07:32.519
On the Texas flag, I pledge allegiance to the United States

01:07:32.519 --> 01:07:37.099
of America, one nation under God, with liberty and justice

01:07:37.099 --> 01:07:38.000
for all.

01:07:44.000 --> 01:07:44.000
>> I want to apologize to everyone that we've gotten a

01:07:44.000 --> 01:07:49.329
little bit later start this evening than we were scheduled

01:07:49.329 --> 01:07:50.000
for.

01:07:50.000 --> 01:07:54.000
We have a number of changes to our agenda this evening.

01:07:54.000 --> 01:07:59.329
First, I want to announce that our items D and E have both

01:07:59.329 --> 01:08:04.000
been postponed and continued to March 8th.

01:08:04.000 --> 01:08:06.000
>> Do you have a comment?

01:08:06.000 --> 01:08:09.000
>> Of the public hearing, item four, D and E.

01:08:09.000 --> 01:08:11.869
So if you're here for those items, we want to let you know

01:08:11.869 --> 01:08:15.000
that rather than sitting through the rest of our agenda.

01:08:15.000 --> 01:08:21.189
And with that announcement, we will move on to item 2A and

01:08:21.189 --> 01:08:24.220
chair will entertain a motion on our minutes of February

01:08:24.220 --> 01:08:25.000
the 8th.

01:08:25.000 --> 01:08:27.000
Commissioner Taylor.

01:08:27.000 --> 01:08:29.000
>> I move approval of our minutes.

01:08:31.000 --> 01:08:33.000
>> Commissioner Beck.

01:08:33.000 --> 01:08:34.000
>> Second.

01:08:34.000 --> 01:08:35.000
>> Okay.

01:08:35.000 --> 01:08:37.000
We have first and a second for approval.

01:08:37.000 --> 01:08:42.000
Any discussion?

01:08:42.000 --> 01:08:44.000
Seeing none, I'll call for a vote on the board.

01:08:51.000 --> 01:08:56.000
That motion carries 5-0.

01:08:56.000 --> 01:08:59.000
That will move us to our consent agenda.

01:09:04.000 --> 01:09:07.000
Chair would entertain a motion on our, Commissioner Beck.

01:09:07.000 --> 01:09:10.000
>> I move we approve consent agenda.

01:09:10.000 --> 01:09:11.000
>> Okay.

01:09:11.000 --> 01:09:12.000
Commissioner Ellis.

01:09:12.000 --> 01:09:13.000
>> Second.

01:09:13.000 --> 01:09:14.000
>> Okay.

01:09:14.000 --> 01:09:16.000
We have first and a second for approval.

01:09:16.000 --> 01:09:18.000
Any discussion on the consent agenda?

01:09:21.000 --> 01:09:23.000
Seeing none, I'll call for a vote on the board.

01:09:31.000 --> 01:09:34.000
That motion carries 5-0 as well.

01:09:36.000 --> 01:09:39.609
That will move us to item 4, which is our public hearing

01:09:39.609 --> 01:09:41.000
sections.

01:09:41.000 --> 01:09:45.390
I, as chair, have a conflict of interest on item A as I own

01:09:45.390 --> 01:09:49.000
property across the street from this item.

01:09:49.000 --> 01:09:52.609
So at this time, I'm going to step away and recuse myself

01:09:52.609 --> 01:09:56.149
and turn the dais over to our vice chair, Commissioner

01:09:56.149 --> 01:09:57.000
Taylor.

01:10:00.000 --> 01:10:01.000
>> I hear all your cards.

01:10:01.000 --> 01:10:15.000
>> Good evening.

01:10:15.000 --> 01:10:22.489
Our current item is public hearing 4A, FR16-0023, a public

01:10:22.489 --> 01:10:25.819
hearing considering a request for final replat of lots 1

01:10:25.819 --> 01:10:28.000
and 2, block B of the Hale Estates.

01:10:30.000 --> 01:10:31.000
Do we have a staff presentation?

01:10:31.000 --> 01:10:35.000
>> We have to open the public hearing.

01:10:35.000 --> 01:10:36.000
>> I'm sorry.

01:10:36.000 --> 01:10:37.000
I'm sorry.

01:10:37.000 --> 01:10:38.000
I will open the public hearing at this time.

01:10:46.000 --> 01:10:49.000
>> Haley Zikorski, our planner with the planning division,

01:10:49.000 --> 01:10:52.000
a quick presentation related to this final reply.

01:10:52.000 --> 01:10:54.000
And the applicant is also present, vice chair.

01:11:01.000 --> 01:11:06.439
>> Yes, FR16-23 is a replat of lot 1, block B of the Montec

01:11:06.439 --> 01:11:10.000
ito's addition.

01:11:10.000 --> 01:11:13.000
And they're proposing to plot this one lot into two.

01:11:13.000 --> 01:11:16.000
It would be lots 1 and 2, block B of the Hale Estates.

01:11:16.000 --> 01:11:19.010
The property is generally located at the corner of Santa

01:11:19.010 --> 01:11:21.000
Monica Drive and El Paseo Street.

01:11:21.000 --> 01:11:22.000
And I can answer any questions.

01:11:27.000 --> 01:11:28.000
>> Do we have any questions of staff?

01:11:30.000 --> 01:11:36.000
>> I do have a card from the applicant.

01:11:36.000 --> 01:11:39.000
Is Steve Hale in the audience?

01:11:39.000 --> 01:11:40.000
Would you care to come forward and speak?

01:11:40.000 --> 01:11:41.000
>> Sure.

01:11:41.000 --> 01:11:44.899
>> And please state your name and address when you get to

01:11:44.899 --> 01:11:46.000
the podium.

01:11:50.000 --> 01:11:56.000
>> Steve Hale, 3401 Santa Monica here in Denton.

01:11:56.000 --> 01:12:03.000
Mr. Chairman, members, thank you for allowing me to speak.

01:12:03.000 --> 01:12:05.550
I think I need to speak not only to you all, but I think I

01:12:05.550 --> 01:12:08.659
see some of my neighbors out here, which have come, I guess

01:12:08.659 --> 01:12:09.000
.

01:12:09.000 --> 01:12:11.590
Would you all mind raising your hand if you're here on this

01:12:11.590 --> 01:12:12.000
deal?

01:12:12.000 --> 01:12:14.000
I know Doug and some of you folks.

01:12:14.000 --> 01:12:17.000
I appreciate you all coming out.

01:12:17.000 --> 01:12:18.659
If I know there's such an interest, we would have talked

01:12:18.659 --> 01:12:20.000
about this at the last Christmas party.

01:12:20.000 --> 01:12:22.000
>> If you could speak into the microphone.

01:12:22.000 --> 01:12:26.130
>> But we didn't get an invitation for it, but if you all

01:12:26.130 --> 01:12:27.000
had one.

01:12:27.000 --> 01:12:28.670
But anyway, just want to briefly, you know what we're doing

01:12:28.670 --> 01:12:29.000
here.

01:12:29.000 --> 01:12:31.000
We're trying to split the lot.

01:12:31.000 --> 01:12:33.590
When Karen and I inherited, and that's my wife Karen right

01:12:33.590 --> 01:12:36.779
there, we sort of inherited this property about nine years

01:12:36.779 --> 01:12:37.000
ago.

01:12:37.000 --> 01:12:40.000
And we knew it was a pretty good size.

01:12:40.000 --> 01:12:42.000
And we knew it had a dam on it.

01:12:42.000 --> 01:12:45.010
And the property includes the dam and a good portion of

01:12:45.010 --> 01:12:48.439
that pond down there, I guess, if you're all familiar with

01:12:48.439 --> 01:12:49.000
that.

01:12:49.000 --> 01:12:55.000
And -- excuse me.

01:12:55.000 --> 01:12:57.000
For the first couple of years, it was kind of fun.

01:12:57.000 --> 01:12:59.000
A lot of room back there and a lot of things to do.

01:12:59.000 --> 01:13:02.439
But over the years, it's turned into a little less fun and

01:13:02.439 --> 01:13:06.000
more expense to maintain all that property back there.

01:13:06.000 --> 01:13:11.329
I don't know if many of my neighbors are aware of this, but

01:13:11.329 --> 01:13:16.000
these Texas -- TCEQ, Texas Commission on Environmental

01:13:16.000 --> 01:13:17.000
Quality,

01:13:17.000 --> 01:13:20.000
has oversight over that dam.

01:13:20.000 --> 01:13:22.000
And I get a report from them every couple of years.

01:13:22.000 --> 01:13:25.000
They come out and do an inspection and so on.

01:13:25.000 --> 01:13:28.680
And anybody that had been dealing with them for several

01:13:28.680 --> 01:13:31.180
years on this thing had mentioned it from time to time to

01:13:31.180 --> 01:13:32.000
some of the neighbors,

01:13:32.000 --> 01:13:37.000
but they don't seem to be too interested in that issue.

01:13:37.000 --> 01:13:41.159
The last report I got from the -- last year from the TCEQ

01:13:41.159 --> 01:13:45.000
is requiring engineering studies of the dam,

01:13:45.000 --> 01:13:50.479
is requiring an emergency action plan, all this kind of

01:13:50.479 --> 01:13:53.060
stuff that we're going to have to be out of pocket for

01:13:53.060 --> 01:13:54.000
quite a bit,

01:13:54.000 --> 01:13:57.439
hiring engineers and so on to have all this stuff done back

01:13:57.439 --> 01:13:58.000
there,

01:13:58.000 --> 01:14:01.710
probably costing anywhere from $50,000 to $100,000 to get

01:14:01.710 --> 01:14:04.000
all this thing brought up to their requirements.

01:14:04.000 --> 01:14:08.090
So we decided it's been more work than we wanted to do

01:14:08.090 --> 01:14:09.000
anyway.

01:14:09.000 --> 01:14:11.590
I'm tired of going back there and having to pull out the

01:14:11.590 --> 01:14:14.000
branches that the beavers bring in every night,

01:14:14.000 --> 01:14:16.000
every day when I get home from work.

01:14:16.000 --> 01:14:19.000
And it just turned out we're not getting younger.

01:14:19.000 --> 01:14:22.000
So we thought one of the things we needed to do was see if

01:14:22.000 --> 01:14:27.000
we could just divide the property and get it sold.

01:14:27.000 --> 01:14:32.479
We spoke to a builder in the area, and he was interested in

01:14:32.479 --> 01:14:35.000
looking at it as a lot.

01:14:35.000 --> 01:14:41.840
And so I told him, I said, before we go any further with it

01:14:41.840 --> 01:14:42.000
,

01:14:42.000 --> 01:14:47.989
our neighbor across the street, across El Paso, Kevin Nelms

01:14:47.989 --> 01:14:48.000
,

01:14:48.000 --> 01:14:51.649
had expressed an interest a long time ago about buying the

01:14:51.649 --> 01:14:54.000
property back there if we were ever interested in selling.

01:14:54.000 --> 01:14:57.060
So I went to Kevin and I said, this is what we're thinking

01:14:57.060 --> 01:14:58.000
about doing.

01:14:58.000 --> 01:15:00.000
And he said, yeah, he'd be interested.

01:15:00.000 --> 01:15:02.000
And he decided he'd like to buy it.

01:15:02.000 --> 01:15:05.000
So we did a handshake on the deal.

01:15:05.000 --> 01:15:07.000
And that was eight or nine months ago.

01:15:07.000 --> 01:15:11.000
And I didn't realize this process took quite so long.

01:15:11.000 --> 01:15:13.000
But Kevin is still interested.

01:15:13.000 --> 01:15:16.000
In fact, Kevin's here.

01:15:16.000 --> 01:15:19.239
I did get a call from one of the neighbors the other

01:15:19.239 --> 01:15:20.000
morning,

01:15:20.000 --> 01:15:22.880
a fellow we know, and he was interested in knowing what

01:15:22.880 --> 01:15:25.000
Kevin's going to do with the property.

01:15:25.000 --> 01:15:29.000
I told him I had no idea about it.

01:15:29.000 --> 01:15:30.000
He understands what's going on.

01:15:30.000 --> 01:15:33.000
I've shared all the information from the TCEQ with Kevin.

01:15:33.000 --> 01:15:37.430
Kevin has the ability and the wherewithal, and he's younger

01:15:37.430 --> 01:15:39.000
than me and all that, to go in there.

01:15:39.000 --> 01:15:42.439
And he has crews with a lot of time to go in there and fix

01:15:42.439 --> 01:15:45.739
that dam up and take care of what needs to be taken care of

01:15:45.739 --> 01:15:46.000
.

01:15:46.000 --> 01:15:48.550
I'm not as interested -- I know that everybody's interested

01:15:48.550 --> 01:15:51.020
in knowing what Kevin's going to do back there with that

01:15:51.020 --> 01:15:52.000
property.

01:15:52.000 --> 01:15:55.260
But to be honest with you, I'm less concerned about what

01:15:55.260 --> 01:15:58.000
might happen if he wants to build something back there,

01:15:58.000 --> 01:16:02.000
even though the property is all flood plain now.

01:16:02.000 --> 01:16:04.850
I think it's been -- the way that it's been redone, it's

01:16:04.850 --> 01:16:06.000
all flood plain.

01:16:06.000 --> 01:16:10.460
So I don't know what he could build, but my main concern is

01:16:10.460 --> 01:16:13.000
for the people who are downstream.

01:16:13.000 --> 01:16:15.409
And that dam needs to be fixed, and it's going to be very

01:16:15.409 --> 01:16:19.210
expensive, and it's going to be very time consuming to get

01:16:19.210 --> 01:16:20.000
all that work done.

01:16:20.000 --> 01:16:23.739
But Kevin happens to be the first person who lives

01:16:23.739 --> 01:16:26.000
downstream from that dam.

01:16:26.000 --> 01:16:29.340
So he has the most vested interest of anybody in the city

01:16:29.340 --> 01:16:34.000
of Denton as to what's going to happen with that property.

01:16:34.000 --> 01:16:37.100
So Kevin definitely has an interest in making sure that the

01:16:37.100 --> 01:16:41.399
dam is repaired so it doesn't breach and flow down and

01:16:41.399 --> 01:16:45.000
damage his property and so on.

01:16:45.000 --> 01:16:49.000
But anyway, I think at that point, that's all I have.

01:16:49.000 --> 01:16:52.470
And I think Kevin's going to speak here in a little bit if

01:16:52.470 --> 01:16:56.000
somebody has any questions as to what his plans are.

01:16:56.000 --> 01:16:58.000
Do you all have any questions of me?

01:16:58.000 --> 01:17:01.000
Yes, we do have one question. Commissioner Beck?

01:17:01.000 --> 01:17:03.000
Thank you, Vice Chair.

01:17:03.000 --> 01:17:05.369
I appreciate you coming down and speaking, Mr. Hill, and I

01:17:05.369 --> 01:17:08.600
empathize with your situation here, getting kind of stuck

01:17:08.600 --> 01:17:09.000
with that.

01:17:09.000 --> 01:17:12.000
And I don't blame you for it.

01:17:12.000 --> 01:17:16.050
But it was kind of puzzling to us, you know, why the split

01:17:16.050 --> 01:17:19.840
was there and the fact that there isn't much you can build

01:17:19.840 --> 01:17:22.000
on because it is a flood plain.

01:17:22.000 --> 01:17:24.869
So I hope Kevin does indeed have some good plans for it

01:17:24.869 --> 01:17:28.000
because first I'd like to see you get off the hook from it.

01:17:28.000 --> 01:17:33.000
And perhaps this piece of land serve a useful purpose.

01:17:33.000 --> 01:17:35.000
Yes.

01:17:35.000 --> 01:17:38.000
Well, Kevin's kitchen window looks out onto the property.

01:17:38.000 --> 01:17:41.000
So that's what they look at all the time out their window.

01:17:41.000 --> 01:17:44.149
There just happens to be a street between him and this

01:17:44.149 --> 01:17:45.000
property.

01:17:45.000 --> 01:17:46.000
And that's about it.

01:17:46.000 --> 01:17:48.000
Have you approached the city at all?

01:17:48.000 --> 01:17:51.010
Maybe they might have some interest in it as a small park

01:17:51.010 --> 01:17:52.000
or something?

01:17:52.000 --> 01:17:53.000
No.

01:17:53.000 --> 01:17:58.819
I spoke with your emergency planner, your emergency guy, Mr

01:17:58.819 --> 01:18:00.000
. Pena.

01:18:00.000 --> 01:18:03.449
Anyway, one time when I was trying to work up this

01:18:03.449 --> 01:18:07.619
emergency action plan myself and he didn't seem to express

01:18:07.619 --> 01:18:10.000
any interest in the property.

01:18:10.000 --> 01:18:11.000
Okay.

01:18:11.000 --> 01:18:12.000
Thank you, Mr. Hill.

01:18:12.000 --> 01:18:14.000
Anybody else?

01:18:14.000 --> 01:18:15.000
Okay.

01:18:15.000 --> 01:18:17.000
Thank you.

01:18:17.000 --> 01:18:20.000
This is a public hearing and I have several cards already.

01:18:20.000 --> 01:18:22.760
If anybody would like to speak either in opposition or

01:18:22.760 --> 01:18:26.979
support of this issue, please fill out a blue card and give

01:18:26.979 --> 01:18:29.000
it to our secretary.

01:18:29.000 --> 01:18:32.000
Our next speaker is Kevin Nelms.

01:18:32.000 --> 01:18:37.680
Please come forward and state your name and address and you

01:18:37.680 --> 01:18:41.000
'll have four minutes to speak.

01:18:41.000 --> 01:18:42.000
My name is Kevin Nelms.

01:18:42.000 --> 01:18:48.560
I live at 3403 Shadowbrook Court across the street from him

01:18:48.560 --> 01:18:49.000
.

01:18:49.000 --> 01:18:52.000
Is that's all my name and address?

01:18:52.000 --> 01:18:53.000
Okay.

01:18:53.000 --> 01:18:56.000
And people are wondering what I want to do with this.

01:18:56.000 --> 01:18:59.909
Well, first of all, like Steve says, I look out and it's

01:18:59.909 --> 01:19:02.989
not very pretty right now because there's a bunch of trees

01:19:02.989 --> 01:19:04.000
falling down.

01:19:04.000 --> 01:19:06.000
There's trees over the dam.

01:19:06.000 --> 01:19:11.899
And now we were scheduled for the agenda for selling 40

01:19:11.899 --> 01:19:15.000
acres over on Mayhill Road.

01:19:15.000 --> 01:19:19.649
That's my farm over there and I've got a bunch of equipment

01:19:19.649 --> 01:19:20.000
.

01:19:20.000 --> 01:19:21.000
I've got the people.

01:19:21.000 --> 01:19:24.000
I've got the resources to fix the thing up.

01:19:24.000 --> 01:19:27.000
And basically what I want to do is look nice.

01:19:27.000 --> 01:19:29.590
And my little eight-year-old, he likes to go over there and

01:19:29.590 --> 01:19:30.000
play.

01:19:30.000 --> 01:19:34.000
And people are dumping rocks over there and everything.

01:19:34.000 --> 01:19:36.000
I just want to make it look nice.

01:19:36.000 --> 01:19:38.760
And I really don't know what I want to do with the property

01:19:38.760 --> 01:19:39.000
.

01:19:39.000 --> 01:19:41.680
But I just want to get it cleaned up and I can get a nice

01:19:41.680 --> 01:19:43.000
view across the lake.

01:19:43.000 --> 01:19:46.000
There's a bunch of trees that need to cut down.

01:19:46.000 --> 01:19:48.000
There's a bunch of trees dying.

01:19:48.000 --> 01:19:55.000
And that's it.

01:19:55.000 --> 01:19:57.000
Does anybody have any questions?

01:19:57.000 --> 01:20:00.000
No questions.

01:20:00.000 --> 01:20:01.000
No questions.

01:20:01.000 --> 01:20:02.000
Thank you.

01:20:02.000 --> 01:20:03.000
No questions?

01:20:03.000 --> 01:20:04.000
Okay. Thank you.

01:20:04.000 --> 01:20:05.000
Thanks for hearing me.

01:20:05.000 --> 01:20:17.000
And our next speaker is Douglas Ebersole.

01:20:17.000 --> 01:20:18.000
I'm Doug Ebersole.

01:20:18.000 --> 01:20:21.000
I live at 3210 Montecito Road.

01:20:21.000 --> 01:20:25.000
And my property backs up on the lake.

01:20:25.000 --> 01:20:29.000
We have a view of the lake and the dam.

01:20:29.000 --> 01:20:34.329
First of all, I'm surprised there's such an absence of

01:20:34.329 --> 01:20:38.000
history about the lake.

01:20:38.000 --> 01:20:39.000
This goes way back.

01:20:39.000 --> 01:20:40.000
We lived there since '84.

01:20:40.000 --> 01:20:46.439
And the neighbors behind that came there before us have

01:20:46.439 --> 01:20:49.000
worked hard to maintain this lake for decades.

01:20:49.000 --> 01:20:52.539
As a matter of fact, the person who used to live in their

01:20:52.539 --> 01:20:55.000
house used to have to go down to Austin

01:20:55.000 --> 01:20:59.300
with several neighbors to protect the lake and the dam from

01:20:59.300 --> 01:21:02.729
the desire of the Texas Resources Commission to tear it out

01:21:02.729 --> 01:21:03.000
.

01:21:03.000 --> 01:21:06.100
And it's no secret that the Texas Resources Commission as

01:21:06.100 --> 01:21:08.000
well as the city of Denton would like that dam gone.

01:21:08.000 --> 01:21:13.000
It would solve their -- it's a dammed up drainage easement.

01:21:13.000 --> 01:21:16.359
But we established grandfather rights for that with the

01:21:16.359 --> 01:21:18.000
Resources Commission.

01:21:18.000 --> 01:21:19.000
And it's passed on.

01:21:19.000 --> 01:21:24.329
And now when I moved in, six months after I moved in, the

01:21:24.329 --> 01:21:26.000
dam washed out.

01:21:26.000 --> 01:21:28.000
That was a total surprise to me.

01:21:28.000 --> 01:21:30.689
So the first thing we did was form a neighborhood

01:21:30.689 --> 01:21:34.000
association of the lake owners back in 1984.

01:21:34.000 --> 01:21:35.000
And we got together.

01:21:35.000 --> 01:21:36.000
We had meetings.

01:21:36.000 --> 01:21:42.170
And we pooled some funds, hired an engineer to rebuild the

01:21:42.170 --> 01:21:43.000
dam.

01:21:43.000 --> 01:21:48.199
And we have rebuilt it at least four times during the time

01:21:48.199 --> 01:21:50.000
I've been there.

01:21:50.000 --> 01:21:53.000
And I've been the instigator of that all this time.

01:21:53.000 --> 01:21:55.000
I have led that group.

01:21:55.000 --> 01:21:58.590
And I established the Homeowner's Association and led that

01:21:58.590 --> 01:22:02.630
up until about seven or eight years ago when I dissolved

01:22:02.630 --> 01:22:05.000
the association.

01:22:05.000 --> 01:22:08.319
But we had done a lot of work on that as a cooperative

01:22:08.319 --> 01:22:09.000
group.

01:22:09.000 --> 01:22:14.039
And I'm surprised that what is happening here -- this is my

01:22:14.039 --> 01:22:18.000
first knowledge of it a week or two ago.

01:22:18.000 --> 01:22:23.359
And absent any information that they might have sought to

01:22:23.359 --> 01:22:28.159
talk to the neighbors about and clue us in what you want to

01:22:28.159 --> 01:22:29.000
do there,

01:22:29.000 --> 01:22:33.800
I have to oppose this because this would subdivide -- this

01:22:33.800 --> 01:22:37.000
is subdividing a lot in Montecito.

01:22:37.000 --> 01:22:41.310
This lot -- this addition was established back in the '60s

01:22:41.310 --> 01:22:45.000
by Bob Nichols after Montecito in Santa Barbara.

01:22:45.000 --> 01:22:47.000
And these are large lots.

01:22:47.000 --> 01:22:51.000
They're large lots inside the city limits.

01:22:51.000 --> 01:22:54.000
It's a unique place.

01:22:54.000 --> 01:22:57.510
It has character and qualities that you don't find anyplace

01:22:57.510 --> 01:22:58.000
else.

01:22:58.000 --> 01:23:01.310
And to subdivide this would set a terrible precedent, which

01:23:01.310 --> 01:23:04.449
this could be done anyplace in the subdivision, behind my

01:23:04.449 --> 01:23:06.000
house, behind other houses.

01:23:06.000 --> 01:23:12.000
And I have multifamily or SR3.

01:23:12.000 --> 01:23:14.000
Who knows what could happen.

01:23:14.000 --> 01:23:19.000
And this would be a terrible precedent in my opinion.

01:23:19.000 --> 01:23:24.329
Finally, in subdividing this to sell it off because there's

01:23:24.329 --> 01:23:26.000
a problem there.

01:23:26.000 --> 01:23:29.279
Well, eight years -- actually, I think last time I got the

01:23:29.279 --> 01:23:32.449
city to come down and clean that easement out, it was four

01:23:32.449 --> 01:23:33.000
years ago.

01:23:33.000 --> 01:23:35.109
It was -- you think it's full of trees now, it was really

01:23:35.109 --> 01:23:36.000
full of stuff then.

01:23:36.000 --> 01:23:38.359
They cleaned that whole thing out and regraded the whole

01:23:38.359 --> 01:23:39.000
ditch there.

01:23:39.000 --> 01:23:41.000
And that was because of me.

01:23:41.000 --> 01:23:43.000
I persuaded them to come down and do that.

01:23:43.000 --> 01:23:45.000
We've had the lake dredged before.

01:23:45.000 --> 01:23:48.439
The city has participated in that and dredged it all the

01:23:48.439 --> 01:23:50.000
way up to Hobson Lane.

01:23:50.000 --> 01:23:52.689
The easement -- there's been a lot of cooperation and

01:23:52.689 --> 01:23:55.000
participation over the last many years.

01:23:55.000 --> 01:23:57.960
And because we haven't done anything lately, it's because I

01:23:57.960 --> 01:24:00.000
didn't know if there's any big issues.

01:24:00.000 --> 01:24:05.000
The dam has held and that's really remarkable.

01:24:05.000 --> 01:24:08.850
And it's really a credit to the people who got together as

01:24:08.850 --> 01:24:12.609
a neighborhood and designed it and engineered it and funded

01:24:12.609 --> 01:24:13.000
it.

01:24:13.000 --> 01:24:17.640
This has all been paid for by neighbors who have cooperated

01:24:17.640 --> 01:24:18.000
.

01:24:18.000 --> 01:24:21.819
This is history that some people don't seem to know or

01:24:21.819 --> 01:24:23.000
appreciate.

01:24:23.000 --> 01:24:28.380
But finally, relinquishing control bothers me a lot to rel

01:24:28.380 --> 01:24:32.229
inquish control of that area with the dam to someone who

01:24:32.229 --> 01:24:34.000
does not live on the lake.

01:24:34.000 --> 01:24:36.000
Now, this is a verbal agreement.

01:24:36.000 --> 01:24:37.000
There's no contract.

01:24:37.000 --> 01:24:39.000
What you say you're going to do, I don't know that.

01:24:39.000 --> 01:24:42.359
But I would hate to see something built down there in the

01:24:42.359 --> 01:24:46.000
floodplain that had to be elevated and tower over the lake.

01:24:46.000 --> 01:24:49.210
Plus, giving control to someone who doesn't live there, you

01:24:49.210 --> 01:24:51.000
may pass it on to somebody else.

01:24:51.000 --> 01:24:53.479
And if it gets turned over to the Texas Water Resources or

01:24:53.479 --> 01:24:56.329
the City of Denton eventually, you'll take it out because

01:24:56.329 --> 01:24:58.000
it makes our job easier without that dam there.

01:24:58.000 --> 01:25:00.479
And then that would be turned into a big snake pit back

01:25:00.479 --> 01:25:02.000
there, which would happen.

01:25:02.000 --> 01:25:03.000
It's happened before.

01:25:03.000 --> 01:25:05.000
The lakes have been washed out many times.

01:25:05.000 --> 01:25:07.000
And it's not pretty when it happens.

01:25:07.000 --> 01:25:09.760
This is meaningful to the whole side of town, to the whole

01:25:09.760 --> 01:25:12.000
neighborhood, not just the lake owners.

01:25:12.000 --> 01:25:18.279
That needs to be preserved and maintained and not subdivid

01:25:18.279 --> 01:25:19.000
ed.

01:25:19.000 --> 01:25:23.000
Thank you, sir.

01:25:23.000 --> 01:25:31.060
Our next speaker is -- we have some -- I'm sorry, we have

01:25:31.060 --> 01:25:34.000
some questions.

01:25:34.000 --> 01:25:37.529
Should we -- would it be okay if we finished the public

01:25:37.529 --> 01:25:41.000
hearing, or do you want to give the comment now?

01:25:41.000 --> 01:25:46.000
Okay, so Commissioner Hudspeth.

01:25:46.000 --> 01:25:50.000
Thank you, Acting Chair.

01:25:50.000 --> 01:25:58.060
Earl, may I borrow you to put up the graphic that shows --

01:25:58.060 --> 01:26:03.489
and kind of demonstrate what's available as is so that we

01:26:03.489 --> 01:26:07.000
can frame what can be done on the property

01:26:07.000 --> 01:26:12.960
and kind of understand what's available to whoever would

01:26:12.960 --> 01:26:15.000
buy that parcel.

01:26:15.000 --> 01:26:18.699
Let me see if I can -- I'm sorry, let me see if I can clean

01:26:18.699 --> 01:26:20.000
this up, too.

01:26:20.000 --> 01:26:21.000
Thank you.

01:26:21.000 --> 01:26:26.000
I don't know why it's grayed out like this.

01:26:26.000 --> 01:26:31.000
That's not it.

01:26:31.000 --> 01:26:47.000
[inaudible]

01:26:47.000 --> 01:27:16.000
Can I just close on that?

01:27:16.000 --> 01:27:17.000
Good evening.

01:27:17.000 --> 01:27:21.000
My name is Earl Escobar, Engineering Department.

01:27:21.000 --> 01:27:25.829
Trying to zoom in to help pinpoint what exactly is not enc

01:27:25.829 --> 01:27:30.000
umbered by easements within this lot, too.

01:27:30.000 --> 01:27:34.000
And if you could follow my cursor.

01:27:34.000 --> 01:27:39.329
I think you had a -- in work session, you had one that was

01:27:39.329 --> 01:27:41.000
kind of zoomed in.

01:27:41.000 --> 01:27:42.000
Right.

01:27:42.000 --> 01:27:45.710
And that's the reason this program's not letting me zoom in

01:27:45.710 --> 01:27:46.000
.

01:27:46.000 --> 01:27:47.000
Got it.

01:27:47.000 --> 01:27:56.000
Well, maybe.

01:27:56.000 --> 01:27:58.000
That didn't work.

01:27:58.000 --> 01:27:59.000
I apologize.

01:27:59.000 --> 01:28:00.000
Okay.

01:28:00.000 --> 01:28:03.840
But if you could follow my cursor, this little triangular

01:28:03.840 --> 01:28:07.460
area is pretty much the only portion of this lot that's not

01:28:07.460 --> 01:28:09.000
encumbered by any easements,

01:28:09.000 --> 01:28:13.000
drainage or utility or whatnot.

01:28:13.000 --> 01:28:17.729
And if you had to give me a round number, since it's harder

01:28:17.729 --> 01:28:22.000
to see, round number -- amount of space that is?

01:28:22.000 --> 01:28:26.850
I would say it's about a -- I don't know, say 40 by 100-

01:28:26.850 --> 01:28:30.000
foot area, triangular-shaped area.

01:28:30.000 --> 01:28:33.729
So of everything in that, you were talking round numbers,

01:28:33.729 --> 01:28:38.250
not holding you to it, 40 to 100-ish space that's available

01:28:38.250 --> 01:28:39.000
that's not --

01:28:39.000 --> 01:28:42.000
That's not encumbered by any floodplain or easements.

01:28:42.000 --> 01:28:43.000
Right.

01:28:43.000 --> 01:28:44.000
Okay.

01:28:44.000 --> 01:28:45.000
That's deemed developable.

01:28:45.000 --> 01:28:46.000
Got it.

01:28:46.000 --> 01:28:47.000
Thank you.

01:28:47.000 --> 01:28:50.000
That's helpful.

01:28:50.000 --> 01:28:56.000
Thank you, Chair.

01:28:56.000 --> 01:28:58.000
Commissioner Beck.

01:28:58.000 --> 01:28:59.000
Thank you, Vice Chair.

01:28:59.000 --> 01:29:03.000
Mr. Ebbersol, can I get you to come back down, sir?

01:29:03.000 --> 01:29:10.000
Can I get you to come back down, please?

01:29:10.000 --> 01:29:12.000
Thank you.

01:29:12.000 --> 01:29:13.760
I understand your concern here, and I appreciate you

01:29:13.760 --> 01:29:16.079
sharing that information you did, because I wasn't even

01:29:16.079 --> 01:29:18.000
aware there was a lake over there.

01:29:18.000 --> 01:29:19.000
That's just the tip of the iceberg.

01:29:19.000 --> 01:29:20.000
Yeah.

01:29:20.000 --> 01:29:23.800
But my question to you would be, how do you alleviate the

01:29:23.800 --> 01:29:27.710
situation Mr. Hill is facing right now, the financial

01:29:27.710 --> 01:29:31.250
burden this is, if he can't split this property off and

01:29:31.250 --> 01:29:32.000
sell it?

01:29:32.000 --> 01:29:36.000
I understand your concern for it, and I empathize with you.

01:29:36.000 --> 01:29:38.000
But I find myself empathizing with him, too.

01:29:38.000 --> 01:29:41.000
So how do you reconcile that?

01:29:41.000 --> 01:29:43.000
Is there a way to get --

01:29:43.000 --> 01:29:46.989
First of all, as I just said, I worked with the city

01:29:46.989 --> 01:29:51.270
drainage department to have that cleared out, I can't

01:29:51.270 --> 01:29:54.170
remember, it was three or four years ago, and cleaned up,

01:29:54.170 --> 01:29:58.000
and they graded the entire easement there between El Paseo

01:29:58.000 --> 01:29:59.000
and the dam.

01:29:59.000 --> 01:30:01.000
It's totally regraded and cleared out.

01:30:01.000 --> 01:30:04.000
Now, nothing's permanent.

01:30:04.000 --> 01:30:05.000
Everything changes.

01:30:05.000 --> 01:30:08.430
That's an ecosystem that keeps on changing, so it needs

01:30:08.430 --> 01:30:10.000
constant attention.

01:30:10.000 --> 01:30:14.100
But the neighbors, like I said, we had a homeowners

01:30:14.100 --> 01:30:19.220
association, we got together over 20 years to rebuild,

01:30:19.220 --> 01:30:21.000
design, build it.

01:30:21.000 --> 01:30:25.250
The house on the corner behind you, across the lake, half

01:30:25.250 --> 01:30:29.260
the dirt on their property was brought out of the lake,

01:30:29.260 --> 01:30:33.000
same way on the lot next to you on El Paseo there.

01:30:33.000 --> 01:30:36.569
That was all fill, it was taken out of the lake because

01:30:36.569 --> 01:30:40.359
those neighbors cooperated and let us put it there when we

01:30:40.359 --> 01:30:43.000
cleaned out the lake and dredged it.

01:30:43.000 --> 01:30:45.000
And this is all done at our expense.

01:30:45.000 --> 01:30:47.699
And the neighbors cooperated to do that, and that would

01:30:47.699 --> 01:30:49.000
have to be done again.

01:30:49.000 --> 01:30:51.000
I've done this for decades.

01:30:51.000 --> 01:30:54.000
I'm not the person to spearhead it again.

01:30:54.000 --> 01:30:56.000
We need younger people to do it.

01:30:56.000 --> 01:30:58.000
That's how it happened before, and it should happen again.

01:30:58.000 --> 01:31:01.100
It's first my knowledge that you've been spending some

01:31:01.100 --> 01:31:03.000
money on it and to maintain it.

01:31:03.000 --> 01:31:04.000
I didn't know that.

01:31:04.000 --> 01:31:07.289
If I had been made part of the loop, then I would have

01:31:07.289 --> 01:31:10.000
helped and got neighborhood support.

01:31:10.000 --> 01:31:11.000
That's how it's happened.

01:31:11.000 --> 01:31:14.000
That's how it happens to other neighbors around the city.

01:31:14.000 --> 01:31:15.000
Well, I agree.

01:31:15.000 --> 01:31:17.960
I think if you could get this organized again where

01:31:17.960 --> 01:31:20.000
everybody could pitch in because it just --

01:31:20.000 --> 01:31:21.000
Well, we've done it.

01:31:21.000 --> 01:31:24.000
We've done it since 1984 and before I got there.

01:31:24.000 --> 01:31:26.000
But it's nonexistent right now.

01:31:26.000 --> 01:31:27.000
Is that correct?

01:31:27.000 --> 01:31:28.000
Okay.

01:31:28.000 --> 01:31:29.989
And right now the financial burden to maintain it is

01:31:29.989 --> 01:31:31.000
falling on Mr. Hill.

01:31:31.000 --> 01:31:34.000
It's not clear to me what that burden exactly is right now.

01:31:34.000 --> 01:31:35.000
Okay.

01:31:35.000 --> 01:31:37.050
As a matter of fact, we had -- I paid a guy to go down

01:31:37.050 --> 01:31:39.000
there and fix the dam last summer.

01:31:39.000 --> 01:31:43.170
He took the boards out and rewelded the sides of the dam

01:31:43.170 --> 01:31:44.000
there.

01:31:44.000 --> 01:31:47.000
And I paid -- my next door neighbor and I paid for that.

01:31:47.000 --> 01:31:49.000
I got it.

01:31:49.000 --> 01:31:50.000
Yeah, you did.

01:31:50.000 --> 01:31:51.000
You paid a third of it.

01:31:51.000 --> 01:31:52.000
I'm sorry.

01:31:52.000 --> 01:31:53.000
Yeah.

01:31:53.000 --> 01:31:54.000
The three of us.

01:31:54.000 --> 01:31:55.000
That's the only three.

01:31:55.000 --> 01:31:56.000
There's 11 property owners on the lake.

01:31:56.000 --> 01:32:00.010
I didn't even bother to talk to him about that because it

01:32:00.010 --> 01:32:02.000
wasn't that big a deal.

01:32:02.000 --> 01:32:06.000
Well, it puts us kind of in a quandary.

01:32:06.000 --> 01:32:08.619
It seems to vote on something that has some benefit and it

01:32:08.619 --> 01:32:12.000
could probably be salvaged if everybody pitched in.

01:32:12.000 --> 01:32:15.000
But unless that happens, the onus falls on Mr. Hill at this

01:32:15.000 --> 01:32:15.000
point.

01:32:15.000 --> 01:32:18.329
So I don't know how we reconcile that here tonight unless

01:32:18.329 --> 01:32:20.000
we just don't vote on it.

01:32:20.000 --> 01:32:23.279
Well, I don't either because this is -- up until last week,

01:32:23.279 --> 01:32:25.000
I had no idea about this.

01:32:25.000 --> 01:32:26.000
Okay.

01:32:26.000 --> 01:32:30.000
Thank you.

01:32:30.000 --> 01:32:31.000
So this is a public hearing.

01:32:31.000 --> 01:32:34.159
Anybody that wishes to speak in favor or against can submit

01:32:34.159 --> 01:32:35.000
a blue card.

01:32:35.000 --> 01:32:38.000
I have two more cards wishing to speak.

01:32:38.000 --> 01:32:52.000
Michael Doransky will be followed by Weaver McClure.

01:32:52.000 --> 01:32:56.000
Doransky at 2911 Montecito here in Denton.

01:32:56.000 --> 01:32:58.960
First of all, I don't think we'd kind of be here today if

01:32:58.960 --> 01:33:01.329
we'd actually had probably a neighborhood meeting to

01:33:01.329 --> 01:33:05.670
discuss the issues with this property or the issues that

01:33:05.670 --> 01:33:08.000
they're facing with this piece of property.

01:33:08.000 --> 01:33:11.000
But we didn't have said meetings.

01:33:11.000 --> 01:33:13.560
So a lot of times for -- like with Doug and I, we're

01:33:13.560 --> 01:33:16.000
hearing a lot of these things for the first time.

01:33:16.000 --> 01:33:19.560
And I'm sure a lot of people are going to get hurt tonight

01:33:19.560 --> 01:33:23.329
in their feelings of opposition or for this piece because

01:33:23.329 --> 01:33:27.000
we did not have said meeting ahead of time for this.

01:33:27.000 --> 01:33:30.149
So we didn't have a neighborhood go, okay, we are all for

01:33:30.149 --> 01:33:33.100
this or all against this, but it still has -- it got to

01:33:33.100 --> 01:33:34.000
this point.

01:33:34.000 --> 01:33:36.630
Our subdivision was founded with a set of covenants and

01:33:36.630 --> 01:33:39.329
number eight of those covenants was says you just cannot

01:33:39.329 --> 01:33:41.000
subdivide the properties.

01:33:41.000 --> 01:33:44.000
And that's exactly what's going on here today.

01:33:44.000 --> 01:33:49.329
And regardless of these pieces, if we allow them to subdiv

01:33:49.329 --> 01:33:53.220
ide, that's not -- that will then set a precedent for other

01:33:53.220 --> 01:33:57.000
people to go, well, they subdivided, I want to subdivide.

01:33:57.000 --> 01:34:00.050
And now other properties could just get torn down with

01:34:00.050 --> 01:34:03.000
these lots that are three to five acres in size.

01:34:03.000 --> 01:34:06.630
And you could put a ton more houses in just by tearing down

01:34:06.630 --> 01:34:10.260
one house and continue to build out if we allow one person

01:34:10.260 --> 01:34:13.960
to subdivide and allow then other lots to be subdivided by

01:34:13.960 --> 01:34:16.000
setting that precedent.

01:34:16.000 --> 01:34:18.000
The subdivision would never look the same.

01:34:18.000 --> 01:34:21.789
And as Doug has pointed out, it's a very unique area and

01:34:21.789 --> 01:34:25.000
the people there have a love for that area.

01:34:25.000 --> 01:34:28.159
And I think that it's within our best interest to maintain

01:34:28.159 --> 01:34:31.329
the integrity of what the covenants had established that

01:34:31.329 --> 01:34:35.000
these properties would not be subdivided into these pieces.

01:34:35.000 --> 01:34:38.010
And as, you know, I understand Kevin's point that he wants

01:34:38.010 --> 01:34:40.350
to go out there and he wants to see the view of the

01:34:40.350 --> 01:34:41.000
property.

01:34:41.000 --> 01:34:44.250
And as Doug has pointed out, being neighborly, if he wants

01:34:44.250 --> 01:34:47.310
to provide his own equipment to clear out these property

01:34:47.310 --> 01:34:49.000
for him, I'm all for that.

01:34:49.000 --> 01:34:53.000
But I still don't believe in subdividing this property.

01:34:53.000 --> 01:34:55.199
And as Doug has pointed out, this property has a dam that

01:34:55.199 --> 01:34:56.000
encompasses it.

01:34:56.000 --> 01:34:59.609
And as he's informed me and I assume others, the city as

01:34:59.609 --> 01:35:03.229
well as the state of Texas does not want to maintain that

01:35:03.229 --> 01:35:06.000
dam and you don't want that dam at all.

01:35:06.000 --> 01:35:10.520
As part of that, if whatever is in this floodplain, the

01:35:10.520 --> 01:35:15.069
lake could then be drained and then some of that property

01:35:15.069 --> 01:35:19.199
would then fall out of a floodplain, allowing it to be

01:35:19.199 --> 01:35:22.000
further developed into whatever that small sliver

01:35:22.000 --> 01:35:24.560
into a larger piece or to whatever could be elevated off of

01:35:24.560 --> 01:35:25.000
there.

01:35:25.000 --> 01:35:27.890
And when you drain or remove this dam off of there, the

01:35:27.890 --> 01:35:30.000
property is further on down there.

01:35:30.000 --> 01:35:33.800
We'll probably experience, I would assume, some larger ebbs

01:35:33.800 --> 01:35:37.880
and flows if we have heavy rainfall because that dam just

01:35:37.880 --> 01:35:43.640
provides like a current or a coupling or what if you want

01:35:43.640 --> 01:35:45.720
to call it to prevent said water from coming down there

01:35:45.720 --> 01:35:49.100
because the lake allows water to fill up without rushing

01:35:49.100 --> 01:35:51.000
down further off of there.

01:35:51.000 --> 01:35:54.220
So in conclusion, I would ask that the board deny the repl

01:35:54.220 --> 01:35:57.670
at and maintain the integrity that the covenants originally

01:35:57.670 --> 01:36:01.000
had established to not allow other subdivides in there.

01:36:01.000 --> 01:36:03.689
And again, it would just set a precedent for other people

01:36:03.689 --> 01:36:06.239
to want to do the same thing or for a new home builder to

01:36:06.239 --> 01:36:09.699
come in and buy one piece of property and then be able to

01:36:09.699 --> 01:36:15.000
build five houses or so on that one piece of property.

01:36:15.000 --> 01:36:17.479
I think the wildlife is important to maintain around there

01:36:17.479 --> 01:36:19.939
and that could completely disappear depending on whatever

01:36:19.939 --> 01:36:21.000
Kevin decides to do.

01:36:21.000 --> 01:36:23.250
If he decides to sell it to somebody else after he's got

01:36:23.250 --> 01:36:25.600
what he wanted for a view or if something should happen or

01:36:25.600 --> 01:36:28.680
it goes further down the line, I don't think there's any

01:36:28.680 --> 01:36:33.079
type of guarantees that the people who live there can get

01:36:33.079 --> 01:36:35.710
that would maybe reassure them that this is fine because

01:36:35.710 --> 01:36:36.000
again,

01:36:36.000 --> 01:36:38.590
if comes further down the line that people could then

01:36:38.590 --> 01:36:41.329
subdivide their own property or a home builder could come

01:36:41.329 --> 01:36:44.060
in and ask for the same same considerations that they're

01:36:44.060 --> 01:36:45.000
asking for.

01:36:45.000 --> 01:36:50.000
Thank you.

01:36:50.000 --> 01:37:02.000
So weaver McClure will be followed by Cassandra Cornell.

01:37:02.000 --> 01:37:07.670
My name is Weaver McClure. I'm 3100 Carmel. I'm in the Mont

01:37:07.670 --> 01:37:09.000
ecito Addition Block C.

01:37:09.000 --> 01:37:12.069
In 19, I don't know if you're familiar with the deed

01:37:12.069 --> 01:37:15.159
restrictions on this property, on this property in the Mont

01:37:15.159 --> 01:37:16.000
ecito Division.

01:37:16.000 --> 01:37:22.000
There was a deed restriction Bob Nichols did back in 1965.

01:37:22.000 --> 01:37:27.329
It was amended in 1966. The deed restrictions restrict

01:37:27.329 --> 01:37:32.039
subdivisions of lots into smaller lots unless there's like

01:37:32.039 --> 01:37:35.000
300 front feet to the street.

01:37:35.000 --> 01:37:39.350
I don't think on Santa Monica there's 300 feet in length or

01:37:39.350 --> 01:37:42.130
maybe, but I think on the side of El Paso there's probably

01:37:42.130 --> 01:37:43.000
more than that.

01:37:43.000 --> 01:37:48.000
So I guess it could be subdivided by the deed restrictions.

01:37:48.000 --> 01:37:51.840
I'm in opposition to it unless the deed restrictions pass

01:37:51.840 --> 01:37:56.000
along with, you know, with your approval.

01:37:56.000 --> 01:38:01.750
The way it looks to me like the deed restrictions for Mont

01:38:01.750 --> 01:38:05.000
ecito Division is there now.

01:38:05.000 --> 01:38:08.560
If it's replatted, is that going to lift the deed

01:38:08.560 --> 01:38:13.000
restrictions that we have on the whole Montecito Addition?

01:38:13.000 --> 01:38:16.869
Because the way I'm reading this, it goes from Montecito

01:38:16.869 --> 01:38:21.489
Addition Lot 13 Block B to the Hell of States Block, you

01:38:21.489 --> 01:38:26.000
know, Lot 1 and 2 Block B.

01:38:26.000 --> 01:38:28.949
So that's a question that I have and I haven't got an

01:38:28.949 --> 01:38:30.000
answer so far.

01:38:30.000 --> 01:38:33.699
Well, I think it's because the city is prohibited by state

01:38:33.699 --> 01:38:37.159
law from enforcing any kind of restricted covenant that

01:38:37.159 --> 01:38:40.000
might be on the property, which includes your HOA bylaws.

01:38:40.000 --> 01:38:44.000
So we can't enforce those bylaws.

01:38:44.000 --> 01:38:47.539
We can only look at the application as it sits in front of

01:38:47.539 --> 01:38:48.000
us.

01:38:48.000 --> 01:38:50.000
So we don't have control over that.

01:38:50.000 --> 01:38:52.289
That would be a separate civil action that you would have

01:38:52.289 --> 01:38:54.000
to undergo that separated from this.

01:38:54.000 --> 01:38:56.560
Do you know if you replat it though, if that deed

01:38:56.560 --> 01:38:58.729
restriction, since you're changing the name of the subdiv

01:38:58.729 --> 01:39:03.060
ision to Hell of States from Montecito Division, what that

01:39:03.060 --> 01:39:04.000
does?

01:39:04.000 --> 01:39:07.000
Does that take it out of the Montecito Estates Addition?

01:39:07.000 --> 01:39:08.000
No, it would still be in it.

01:39:08.000 --> 01:39:10.000
Even though it's called something different?

01:39:10.000 --> 01:39:11.000
I don't know.

01:39:11.000 --> 01:39:15.630
Because it's a replant of a specific lot within the Montec

01:39:15.630 --> 01:39:19.899
ito Addition, it still remains within that parent subdiv

01:39:19.899 --> 01:39:21.000
ision plant.

01:39:21.000 --> 01:39:24.000
So it's not being removed from that parent tract.

01:39:24.000 --> 01:39:26.789
However, as it relates to the implications of the deed

01:39:26.789 --> 01:39:29.939
restrictions that you're referring to, that would be

01:39:29.939 --> 01:39:32.000
between the, whether it's your HOA or neighborhood.

01:39:32.000 --> 01:39:33.000
Deed restriction committee?

01:39:33.000 --> 01:39:36.439
Exactly, to discern what your bylaws are as it relates to

01:39:36.439 --> 01:39:38.000
replanting property.

01:39:38.000 --> 01:39:39.000
Okay.

01:39:39.000 --> 01:39:41.000
Any questions?

01:39:41.000 --> 01:39:45.000
Okay, thank you.

01:39:45.000 --> 01:39:49.000
Thank you.

01:39:49.000 --> 01:39:51.000
Cassandra Cornell.

01:39:51.000 --> 01:39:53.000
And that's all the cards I have that wish to speak.

01:39:53.000 --> 01:39:56.539
If anybody else would like to speak on this matter, please

01:39:56.539 --> 01:39:58.000
fill out a blue card.

01:39:58.000 --> 01:39:59.000
Hi.

01:39:59.000 --> 01:40:01.000
I'm at 3200 Montecito.

01:40:01.000 --> 01:40:03.000
I live next door to Mr. Ebersole.

01:40:03.000 --> 01:40:06.289
And I just wanted to let you know that when I bought my

01:40:06.289 --> 01:40:10.170
house 15 years ago, it was made very clear to us that under

01:40:10.170 --> 01:40:13.680
no circumstances were we ever allowed to subdivide our lots

01:40:13.680 --> 01:40:14.000
.

01:40:14.000 --> 01:40:17.000
It was a declared bird sanctuary.

01:40:17.000 --> 01:40:20.000
There's a lot of rare species that live there.

01:40:20.000 --> 01:40:23.000
And we really, really protect and guard our lake.

01:40:23.000 --> 01:40:26.939
I believe that maybe in this case there is a miscommun

01:40:26.939 --> 01:40:31.569
ication because I do know that 15 years ago we also knew as

01:40:31.569 --> 01:40:35.699
neighbors that if anything were to happen, we all worked

01:40:35.699 --> 01:40:38.649
together to take care of our lake and to take care of our

01:40:38.649 --> 01:40:40.000
animals and birds.

01:40:40.000 --> 01:40:43.840
And I think that maybe through just attrition of properties

01:40:43.840 --> 01:40:47.000
that that didn't get relayed somehow.

01:40:47.000 --> 01:40:50.529
But I do know I've seen pictures of neighbors digging in

01:40:50.529 --> 01:40:53.000
the mud together to take care of it.

01:40:53.000 --> 01:40:56.430
What I don't understand is wanting to divide the plot

01:40:56.430 --> 01:41:00.050
because essentially you would be buying a burden of just

01:41:00.050 --> 01:41:02.000
the dam and a floodplain.

01:41:02.000 --> 01:41:05.090
And what concerns me is, is there may be good intentions

01:41:05.090 --> 01:41:07.859
there for now, but if anything were to happen to that owner

01:41:07.859 --> 01:41:11.489
, who's to say that they wouldn't do something to control

01:41:11.489 --> 01:41:15.000
the dam and with that dam they would destroy all of those

01:41:15.000 --> 01:41:16.000
animals and birds and everything else.

01:41:16.000 --> 01:41:18.000
We protect.

01:41:18.000 --> 01:41:21.159
It is a very rare treasure to live there and I plan on

01:41:21.159 --> 01:41:23.000
finishing my life there.

01:41:23.000 --> 01:41:26.430
My husband is a cancer survivor and we chose to live there

01:41:26.430 --> 01:41:29.850
because of the peace and it would really break my heart to

01:41:29.850 --> 01:41:33.000
see our wonderful neighborhood be destroyed.

01:41:33.000 --> 01:41:35.000
Thank you.

01:41:35.000 --> 01:41:38.000
Thank you.

01:41:38.000 --> 01:41:41.149
I do have three cards that were submitted that did not wish

01:41:41.149 --> 01:41:44.000
to speak and I'll read those into the record now.

01:41:44.000 --> 01:41:49.500
Mike Murray at 3211 Santa Monica Drive in Denton is

01:41:49.500 --> 01:41:52.000
expresses his opposition.

01:41:52.000 --> 01:41:58.729
Jan McClure at 3100 Carmel Street in Denton expresses her

01:41:58.729 --> 01:42:00.000
opposition.

01:42:00.000 --> 01:42:06.100
Arlie Holstrand at 3110 Carmel Street in Denton expresses

01:42:06.100 --> 01:42:08.000
their opposition.

01:42:08.000 --> 01:42:11.170
This is a public hearing. If anybody else would like to

01:42:11.170 --> 01:42:14.000
speak on this item, please come forward now.

01:42:14.000 --> 01:42:16.960
I'm sorry, sir. You've already you've already spoken for

01:42:16.960 --> 01:42:18.000
your four minutes.

01:42:18.000 --> 01:42:23.000
So if anybody else would like to speak on this issue.

01:42:23.000 --> 01:42:33.390
Seeing nobody else I will close the public hearing and open

01:42:33.390 --> 01:42:37.000
this for discussion.

01:42:37.000 --> 01:42:39.000
Commissioner Beck. Thank you, Vice Chair.

01:42:39.000 --> 01:42:45.130
I guess we need clarification here as a commission as

01:42:45.130 --> 01:42:51.000
really what to do here is a simple up or down vote.

01:42:51.000 --> 01:42:54.689
Are we still just looking at voting on whether to allow the

01:42:54.689 --> 01:42:59.390
property to divide or we're looking at other legal

01:42:59.390 --> 01:43:02.000
consequences that will affect this?

01:43:02.000 --> 01:43:04.000
So help us here as far as the vote goes.

01:43:04.000 --> 01:43:06.000
What exactly are we?

01:43:06.000 --> 01:43:09.000
Let me let our legal counsel advise us.

01:43:09.000 --> 01:43:11.000
Thank you, Chair.

01:43:11.000 --> 01:43:14.340
You're solely looking at whether or not it should be subd

01:43:14.340 --> 01:43:18.000
ivided, replatted based on our technical requirements.

01:43:18.000 --> 01:43:21.869
We don't really have the discretion to bring into whether

01:43:21.869 --> 01:43:26.199
or not there is some sort of civil dispute between adjacent

01:43:26.199 --> 01:43:28.000
property owners.

01:43:28.000 --> 01:43:32.399
So the only thing that we're looking at is whether or not

01:43:32.399 --> 01:43:35.000
he can make it a lot of record.

01:43:35.000 --> 01:43:36.000
We're not looking at the sale.

01:43:36.000 --> 01:43:38.000
We're not looking at anything else.

01:43:38.000 --> 01:43:40.000
Just whether or not he can make that a lot of record.

01:43:40.000 --> 01:43:43.560
Which if it's met all the technical requirements, which the

01:43:43.560 --> 01:43:47.699
staff says that it has, then there's not much discretion to

01:43:47.699 --> 01:43:49.000
be had in that.

01:43:49.000 --> 01:43:52.000
So can we move to either approve or deny?

01:43:52.000 --> 01:43:54.000
You either approve or deny.

01:43:54.000 --> 01:43:55.000
Okay.

01:43:55.000 --> 01:43:58.229
Unlike the objections in say a rezoning case, there's

01:43:58.229 --> 01:44:01.890
nothing that triggers any kind of supermajority requirement

01:44:01.890 --> 01:44:05.000
or anything as far as objections are concerned.

01:44:05.000 --> 01:44:07.000
Okay. Great. Thank you.

01:44:07.000 --> 01:44:09.000
Commissioner Ellis.

01:44:09.000 --> 01:44:11.000
Thank you, Vice Chair.

01:44:11.000 --> 01:44:14.000
I guess my question may be staff legal.

01:44:14.000 --> 01:44:15.000
Okay.

01:44:15.000 --> 01:44:18.000
So a replant and a subdivide is one in the same?

01:44:18.000 --> 01:44:19.000
Correct.

01:44:19.000 --> 01:44:20.000
Okay.

01:44:20.000 --> 01:44:22.000
In this case.

01:44:22.000 --> 01:44:23.000
Sorry?

01:44:23.000 --> 01:44:24.000
In this case, yes.

01:44:24.000 --> 01:44:27.420
And with staff looking at this, deed restrictions are not

01:44:27.420 --> 01:44:30.000
considered when this is being looked at.

01:44:30.000 --> 01:44:36.000
So any plat can be replatted?

01:44:36.000 --> 01:44:39.520
So long as it meets the technical requirements of the city,

01:44:39.520 --> 01:44:40.000
yes.

01:44:40.000 --> 01:44:43.000
Can you enlighten us on the technical requirements?

01:44:43.000 --> 01:44:45.000
Sure.

01:44:45.000 --> 01:44:47.000
Thank you, Chair.

01:44:47.000 --> 01:44:49.979
The Denton Development Code has specific subdivision

01:44:49.979 --> 01:44:51.000
requirements.

01:44:51.000 --> 01:44:54.460
In this instance, because this is a replant of a resident

01:44:54.460 --> 01:44:58.029
ially zoned property, that is why it is a public hearing in

01:44:58.029 --> 01:44:59.000
this manner.

01:44:59.000 --> 01:45:05.000
Notices are sent within 200 feet of the subject site.

01:45:05.000 --> 01:45:07.960
And it gives an opportunity for the community within that

01:45:07.960 --> 01:45:11.000
subdivision to come forward and voice their opinion.

01:45:11.000 --> 01:45:13.590
As it relates to the technical requirements, the elements

01:45:13.590 --> 01:45:16.350
that are looked at are the zoning district criteria, the

01:45:16.350 --> 01:45:18.000
minimum lot size,

01:45:18.000 --> 01:45:21.119
which is primary in a residential subdivision, the

01:45:21.119 --> 01:45:23.579
engineering department, because they're just making sure

01:45:23.579 --> 01:45:26.649
that the necessary or pertinent easements are reflected on

01:45:26.649 --> 01:45:27.000
the site,

01:45:27.000 --> 01:45:30.289
which, as you can see on this lot too, if I'm not mistaken,

01:45:30.289 --> 01:45:33.000
is the lot that's being questioned right now.

01:45:33.000 --> 01:45:35.890
And again, those technical requirements, there is no

01:45:35.890 --> 01:45:38.000
development occurring at this time.

01:45:38.000 --> 01:45:40.949
There's a large swath of drainage easement and floodplain

01:45:40.949 --> 01:45:42.000
on the property.

01:45:42.000 --> 01:45:44.779
They are not mitigating or compromising any elements

01:45:44.779 --> 01:45:48.000
associated with the subdivision ordinance at this time.

01:45:48.000 --> 01:45:51.439
The issue at hand, I think, before the Commission right now

01:45:51.439 --> 01:45:54.289
is the concern associated with deed restrictions that the

01:45:54.289 --> 01:45:57.079
surrounding property owners have mentioned, which we do not

01:45:57.079 --> 01:45:58.000
enforce.

01:45:58.000 --> 01:46:00.000
And of course, zoning remains the same.

01:46:00.000 --> 01:46:02.000
Zoning remains the same.

01:46:02.000 --> 01:46:05.310
The lot and the lot size as it relates to the zoning

01:46:05.310 --> 01:46:09.229
requirements of that subdivision are intact in the sense

01:46:09.229 --> 01:46:12.000
that they've not been compromised.

01:46:12.000 --> 01:46:17.739
So the minimum lot requirements for lot one and two are

01:46:17.739 --> 01:46:19.000
intact.

01:46:19.000 --> 01:46:21.000
Commissioner Hutsmith.

01:46:21.000 --> 01:46:22.000
Thank you, Chair.

01:46:22.000 --> 01:46:29.390
Menal, can you help me understand the environmentally

01:46:29.390 --> 01:46:34.909
sensitive area? What protections does it have, changes to

01:46:34.909 --> 01:46:39.560
that but for that one swath of land, changes to that if the

01:46:39.560 --> 01:46:44.369
lot's separated, changes to that new lot, would that come

01:46:44.369 --> 01:46:46.000
back before us?

01:46:46.000 --> 01:46:50.000
Is that body of water protected?

01:46:50.000 --> 01:46:53.000
Sure.

01:46:53.000 --> 01:46:56.899
Commissioner Hutsmith and Commission, one of the elements

01:46:56.899 --> 01:46:59.439
that we would consider, that we would be required to

01:46:59.439 --> 01:47:02.220
consider as it relates to development of that property in

01:47:02.220 --> 01:47:05.289
the sense if it were to go vertical with a residential

01:47:05.289 --> 01:47:09.689
structure, then if there is a environmentally sensitive

01:47:09.689 --> 01:47:13.449
area on that subject site, our environmental team would

01:47:13.449 --> 01:47:17.600
review and see what mitigation measures would have to be

01:47:17.600 --> 01:47:19.000
put in place to protect and protect the property.

01:47:19.000 --> 01:47:22.000
And provide any necessary mitigation.

01:47:22.000 --> 01:47:25.680
That is referred to as an alternative environmentally

01:47:25.680 --> 01:47:27.000
sensitive area.

01:47:27.000 --> 01:47:29.069
In order to do that, you have to go through the public

01:47:29.069 --> 01:47:30.000
hearing process.

01:47:30.000 --> 01:47:32.590
It is a dual public hearing process, which means that the

01:47:32.590 --> 01:47:34.000
request would be notified.

01:47:34.000 --> 01:47:37.119
It would come before the Planning and Zoning Commission and

01:47:37.119 --> 01:47:39.000
then move on to the City Council.

01:47:39.000 --> 01:47:42.539
The other element that needs to be considered is not just

01:47:42.539 --> 01:47:46.199
the ESA or the ESA that we've referred to, but there is, if

01:47:46.199 --> 01:47:50.000
I'm not mistaken, a floodway/flood zone on the property.

01:47:50.000 --> 01:47:53.800
And any type, if there were development to occur, then

01:47:53.800 --> 01:47:58.060
mitigation measures as it relates to perhaps doing a letter

01:47:58.060 --> 01:48:01.649
of map provision to adjust the limits or remit of or

01:48:01.649 --> 01:48:04.000
boundary of that flood zone.

01:48:04.000 --> 01:48:09.020
Again, that would warrant an engineering design to come

01:48:09.020 --> 01:48:14.000
forward and be approved by the Engineering Department.

01:48:14.000 --> 01:48:19.000
Thank you.

01:48:19.000 --> 01:48:22.000
So I have a few questions.

01:48:22.000 --> 01:48:27.500
Regarding the drainage easement being put in place by this

01:48:27.500 --> 01:48:28.000
plat.

01:48:28.000 --> 01:48:36.000
If we can get the drawing on the board.

01:48:36.000 --> 01:48:42.439
So the plat indicates a large area that says of drainage

01:48:42.439 --> 01:48:44.000
easement.

01:48:44.000 --> 01:48:46.000
This is separate from the floodplain.

01:48:46.000 --> 01:49:01.329
So if the floodplain were to shift, would this easement

01:49:01.329 --> 01:49:06.000
stay in place?

01:49:06.000 --> 01:49:17.220
That's correct. The easement would stay in place because it

01:49:17.220 --> 01:49:17.500
is plotted in its place in order to amend the easement to

01:49:17.500 --> 01:49:17.789
conform to the newly relocated floodplain for whatever

01:49:17.789 --> 01:49:20.000
reason that it alters in the future.

01:49:20.000 --> 01:49:23.939
They would have to replat the property to reflect the new

01:49:23.939 --> 01:49:25.000
location.

01:49:25.000 --> 01:49:34.220
And then there is also a 15 foot utility easement, is that

01:49:34.220 --> 01:49:36.000
correct? A 20 foot utility easement as well?

01:49:36.000 --> 01:49:39.359
Even if they got the utility lines moved, they would have

01:49:39.359 --> 01:49:42.510
to come forward and have it replatted again in order to

01:49:42.510 --> 01:49:44.000
remove the easements?

01:49:44.000 --> 01:49:45.000
That's correct.

01:49:45.000 --> 01:49:57.000
Okay. Thank you.

01:49:57.000 --> 01:50:00.000
Commissioner Hutsmith.

01:50:00.000 --> 01:50:09.319
I'm inclined to, if it's an option, move that we push this

01:50:09.319 --> 01:50:19.239
item back to give the neighborhood time to evaluate, talk,

01:50:19.239 --> 01:50:23.000
before we have to insert ourselves.

01:50:23.000 --> 01:50:30.439
I have a hard time making that decision. Again, we're short

01:50:30.439 --> 01:50:31.000
a couple of members.

01:50:31.000 --> 01:50:36.000
One, two.

01:50:36.000 --> 01:50:39.439
I think some things can be, if they are at impasse, then

01:50:39.439 --> 01:50:40.000
sure.

01:50:40.000 --> 01:50:43.000
I'm happy to, not happy, but we'll have to break ties.

01:50:43.000 --> 01:50:48.039
But I think, given an opportunity, hopefully some of these

01:50:48.039 --> 01:50:51.800
issues may be able to be worked out and the deed

01:50:51.800 --> 01:50:54.000
restriction is news to me.

01:50:54.000 --> 01:50:58.319
And I don't want to make a decision that triggers civil

01:50:58.319 --> 01:51:02.000
actions if they can be managed otherwise.

01:51:02.000 --> 01:51:04.000
If they can't, they can't.

01:51:04.000 --> 01:51:06.000
But that's my inclination.

01:51:06.000 --> 01:51:09.279
I don't know where we fall or how that would look in

01:51:09.279 --> 01:51:13.000
practice if I have to select a certain meeting date.

01:51:13.000 --> 01:51:18.000
But I would like to give some time for, because the gross

01:51:18.000 --> 01:51:23.000
majority of the people are against, and that weighs heavy.

01:51:23.000 --> 01:51:26.989
And then, so you counterbalance that with, it's their

01:51:26.989 --> 01:51:28.000
property.

01:51:28.000 --> 01:51:30.369
I mean, so how can you tell someone what to do with their

01:51:30.369 --> 01:51:31.000
property?

01:51:31.000 --> 01:51:36.329
So it's a very compelling argument, but I'd like to allow

01:51:36.329 --> 01:51:41.439
them to have control of that conversation before we wrangle

01:51:41.439 --> 01:51:44.000
that control away from them.

01:51:44.000 --> 01:51:48.350
So I might ask the applicant to return to the microphone

01:51:48.350 --> 01:51:50.000
just for a moment.

01:51:50.000 --> 01:51:53.470
We're in a unique situation here because we only have four

01:51:53.470 --> 01:51:57.850
commissioners tonight, and it requires four affirmative

01:51:57.850 --> 01:52:00.000
votes for us to approve.

01:52:00.000 --> 01:52:04.050
So if we had two more commissioners, there might be more

01:52:04.050 --> 01:52:05.000
leeway.

01:52:05.000 --> 01:52:08.279
And I wonder if two or four weeks might give you the

01:52:08.279 --> 01:52:12.329
opportunity to speak with your neighbors about and resolve

01:52:12.329 --> 01:52:14.000
some of these issues.

01:52:14.000 --> 01:52:18.050
Okay, if I could ask you a question, regardless of which

01:52:18.050 --> 01:52:20.000
way your vote would go tonight,

01:52:20.000 --> 01:52:23.199
does this matter have to go up to the council for final

01:52:23.199 --> 01:52:27.000
approval of any sort, or is this the last stop right here?

01:52:27.000 --> 01:52:31.000
This is the last stop for Platts.

01:52:31.000 --> 01:52:35.479
Okay, so you're saying it requires four votes, so all the

01:52:35.479 --> 01:52:38.539
members present would have to vote affirmatively to approve

01:52:38.539 --> 01:52:39.000
this.

01:52:39.000 --> 01:52:44.640
And if you did not get off, I did not get off four votes,

01:52:44.640 --> 01:52:49.000
then my application is killed, is denied?

01:52:49.000 --> 01:52:55.899
Well, you could bring it back, but as of now it would be

01:52:55.899 --> 01:52:57.000
gone. It would be denied.

01:52:57.000 --> 01:53:02.000
I see. Well, we've been waiting a long time for this thing.

01:53:02.000 --> 01:53:05.029
It's taken us over eight months, and my surveyor said it'd

01:53:05.029 --> 01:53:06.000
be two months.

01:53:06.000 --> 01:53:10.520
So I'm inclined to not do that, but I don't want to also

01:53:10.520 --> 01:53:15.000
get in or out with all my neighbors unnecessarily.

01:53:15.000 --> 01:53:20.810
If we can reschedule this in two weeks, I'd be willing to

01:53:20.810 --> 01:53:22.000
do that.

01:53:22.000 --> 01:53:25.439
But I also have to explain to these people that I do have

01:53:25.439 --> 01:53:28.000
an agreement to sell this property.

01:53:28.000 --> 01:53:31.869
So maybe that would involve him as well in our discussion,

01:53:31.869 --> 01:53:42.000
so. But I don't mind pushing it off.

01:53:42.000 --> 01:53:45.899
So I'm thinking it sounds like two weeks. Do we have room

01:53:45.899 --> 01:53:48.000
on the calendar for two weeks?

01:53:48.000 --> 01:53:51.149
Absolutely, we'd be able to. We would not have to re-notify

01:53:51.149 --> 01:53:56.300
or re-notice this, and we would re-hear this on March the 8

01:53:56.300 --> 01:53:57.000
th.

01:53:57.000 --> 01:54:02.329
And hopefully that will give the applicants sufficient time

01:54:02.329 --> 01:54:06.000
to communicate with the neighborhood.

01:54:06.000 --> 01:54:07.000
Thank you very much.

01:54:07.000 --> 01:54:10.430
I'm sorry, just so that we're clear on the record, you

01:54:10.430 --> 01:54:14.000
consenting to such a postponement until March 8th.

01:54:14.000 --> 01:54:16.000
I have my wife as well. Do you agree?

01:54:16.000 --> 01:54:17.000
Yes, ma'am.

01:54:17.000 --> 01:54:20.000
You're all right.

01:54:20.000 --> 01:54:21.000
Yes, that's fine.

01:54:21.000 --> 01:54:25.000
Okay. And Commissioner Hudspeth, are you making a motion?

01:54:25.000 --> 01:54:27.000
Yes.

01:54:27.000 --> 01:54:28.000
Go ahead.

01:54:28.000 --> 01:54:35.539
So I move that we take agenda item A, FR16-0023, and postp

01:54:35.539 --> 01:54:38.000
one it for two weeks.

01:54:38.000 --> 01:54:41.000
And a date certain?

01:54:41.000 --> 01:54:42.000
Yes, to a date certain.

01:54:42.000 --> 01:54:43.000
Which weekend?

01:54:43.000 --> 01:54:45.000
March 8th.

01:54:45.000 --> 01:54:47.000
Yes.

01:54:47.000 --> 01:54:52.000
We have a motion. Do we have a second? Commissioner Ellis?

01:54:52.000 --> 01:54:55.000
Second.

01:54:55.000 --> 01:54:59.760
So we have a motion and a second, and I would like to speak

01:54:59.760 --> 01:55:02.000
on this piece briefly.

01:55:02.000 --> 01:55:05.500
With PLATs, the Planning and Zoning Commission has very

01:55:05.500 --> 01:55:07.000
limited authority.

01:55:07.000 --> 01:55:10.020
We can only deny a PLAT if it violates some technical

01:55:10.020 --> 01:55:15.750
requirement, which is things like width, lot width, square

01:55:15.750 --> 01:55:17.000
footage.

01:55:17.000 --> 01:55:20.000
There's several chapters that cover them.

01:55:20.000 --> 01:55:23.859
But it tends to be very minute details, which our staff

01:55:23.859 --> 01:55:27.000
does a very good job of identifying.

01:55:27.000 --> 01:55:31.539
However, the complexity of this case and the concerns of

01:55:31.539 --> 01:55:35.479
the neighborhood and the fact that we only have four

01:55:35.479 --> 01:55:38.949
commissioners sitting up here tonight, I do feel justifies

01:55:38.949 --> 01:55:41.000
this postponement.

01:55:41.000 --> 01:55:45.239
That said, to the neighbors, you will either have to find a

01:55:45.239 --> 01:55:49.420
technical reason why the commission could vote against it

01:55:49.420 --> 01:55:51.000
if you want to stop it.

01:55:51.000 --> 01:55:56.329
Or there's nothing we can do as far as covenants or deed

01:55:56.329 --> 01:55:58.000
restrictions.

01:55:58.000 --> 01:56:05.000
Those would require you to take action, not us.

01:56:05.000 --> 01:56:08.000
Any further discussion?

01:56:08.000 --> 01:56:32.000
Call for a vote on the board.

01:56:32.000 --> 01:56:47.000
The motion to postpone two weeks carries 4-0.

01:56:47.000 --> 01:56:57.220
And now we will move to our next agenda item, item 4B, and

01:56:57.220 --> 01:57:08.000
Commissioner Strange, Chairperson Strange will return.

01:57:08.000 --> 01:57:15.000
Thank you.

01:57:15.000 --> 01:57:20.000
We'll give a few minutes to let the room clear before we

01:57:20.000 --> 01:57:22.000
open our next item.

01:57:45.000 --> 01:58:12.000
Thank you for your patience allowing the room to clear.

01:58:12.000 --> 01:58:16.000
We'll continue on with our agenda.

01:58:16.000 --> 01:58:18.000
We're moving to item B.

01:58:18.000 --> 01:58:23.329
At this time, I'm going to open the public hearing for Z16-

01:58:23.329 --> 01:58:28.000
0029 and I will call on Haley for presentation.

01:58:28.000 --> 01:58:52.000
Good evening.

01:58:52.000 --> 01:58:58.000
This is case Z16-29 for the CST corner store.

01:58:58.000 --> 01:59:00.310
Given that we have quite a bit of audience, I'll run

01:59:00.310 --> 01:59:03.010
through the presentation briefly again just so everyone's

01:59:03.010 --> 01:59:04.000
on the same page.

01:59:04.000 --> 01:59:07.149
So the request was to hold a public hearing and consider a

01:59:07.149 --> 01:59:11.000
request by the property owners to rezone approximately .7

01:59:11.000 --> 01:59:15.000
acres from a neighborhood residential 6 or NR6 district to

01:59:15.000 --> 01:59:18.000
a community mixed use general district, the CMG district,

01:59:18.000 --> 01:59:21.899
as well as to rezone approximately 3.6 acres from

01:59:21.899 --> 01:59:26.000
neighborhood residential mixed use or NRMU to CMG.

01:59:26.000 --> 01:59:29.279
This property is generally located at the northeast corner

01:59:29.279 --> 01:59:31.000
of Country Club and Hobson.

01:59:31.000 --> 01:59:36.000
It also has frontage on Fort Worth Drive.

01:59:36.000 --> 01:59:41.000
And currently it is split between two parcels of land.

01:59:41.000 --> 01:59:43.760
So just a general idea of what's in the area, there's some

01:59:43.760 --> 01:59:46.479
multifamily as well as a gas station across Country Club

01:59:46.479 --> 01:59:48.000
Road from the property.

01:59:48.000 --> 01:59:51.180
There is a small office park and some single family homes

01:59:51.180 --> 01:59:53.000
to the south across Hobson.

01:59:53.000 --> 01:59:56.989
And then there's a mix of industrial and commercial uses

01:59:56.989 --> 02:00:01.000
across Fort Worth Drive from the property as well.

02:00:01.000 --> 02:00:04.840
So the current zoning, approximately .7 acres is currently

02:00:04.840 --> 02:00:06.000
zoned NR6.

02:00:06.000 --> 02:00:11.000
3.6 acres are currently zoned NRMU.

02:00:11.000 --> 02:00:13.760
The future land use designation for this property is

02:00:13.760 --> 02:00:17.439
community mixed use, which is a designation that promotes a

02:00:17.439 --> 02:00:21.899
mix of uses, mostly commercial with a mix of supporting

02:00:21.899 --> 02:00:25.000
residential and service uses.

02:00:25.000 --> 02:00:27.369
So considerations that staff looked at for this, the CMG

02:00:27.369 --> 02:00:30.329
district would be newly introduced to the area with this

02:00:30.329 --> 02:00:31.000
request.

02:00:31.000 --> 02:00:36.000
There currently isn't any other CMG adjoining the property.

02:00:36.000 --> 02:00:39.609
We feel that CMG would, it allows a mixture of commercial

02:00:39.609 --> 02:00:43.720
and institutional uses that would be appropriate, we felt,

02:00:43.720 --> 02:00:47.000
at this prominent hard corner location.

02:00:47.000 --> 02:00:50.840
And CMG also conforms to that future land use designation

02:00:50.840 --> 02:00:53.000
of community mixed use.

02:00:53.000 --> 02:00:57.520
This proposal would create a slightly isolated pocket of NR

02:00:57.520 --> 02:01:00.000
MU as it's presented tonight.

02:01:00.000 --> 02:01:02.960
So the southern parcel that is being handled here would

02:01:02.960 --> 02:01:06.100
then have three zoning districts and that could create some

02:01:06.100 --> 02:01:09.000
incohesive development on the property, we felt.

02:01:09.000 --> 02:01:11.960
So that was the reason for our initial recommendation of

02:01:11.960 --> 02:01:15.000
denial on this request, as was stated in your backup.

02:01:15.000 --> 02:01:18.760
However, since this, we've communicated these concerns to

02:01:18.760 --> 02:01:22.710
the applicants and they have since submitted an additional

02:01:22.710 --> 02:01:25.640
application to rezone the portion outlined in yellow on the

02:01:25.640 --> 02:01:26.000
map.

02:01:26.000 --> 02:01:28.850
So the remainder of that NRMU parcel, they're also

02:01:28.850 --> 02:01:31.000
proposing to rezone to CMG as well.

02:01:31.000 --> 02:01:35.050
And that's a future case that will come before you all for

02:01:35.050 --> 02:01:38.000
consideration in the next few weeks.

02:01:38.000 --> 02:01:41.260
Just a comparison, CMG is very comparable to the existing

02:01:41.260 --> 02:01:44.670
NRMU district that encompasses the majority of the property

02:01:44.670 --> 02:01:45.000
.

02:01:45.000 --> 02:01:48.800
Very comparable in terms of lot coverage, building height,

02:01:48.800 --> 02:01:52.470
so the scale of development would be relatively consistent

02:01:52.470 --> 02:01:56.000
between what's permitted now and what would be permitted

02:01:56.000 --> 02:01:57.000
under CMG.

02:01:57.000 --> 02:02:00.000
Notifications were sent on this matter.

02:02:00.000 --> 02:02:02.840
We received two in favor and one in opposition that were

02:02:02.840 --> 02:02:06.000
within a 200 foot radius of the subject property.

02:02:06.000 --> 02:02:09.210
And given the new application that's been submitted that

02:02:09.210 --> 02:02:12.539
would allow for more cohesive development of a larger chunk

02:02:12.539 --> 02:02:15.000
of this property with the CMG designation,

02:02:15.000 --> 02:02:17.590
as well as its consistency with the future land use

02:02:17.590 --> 02:02:20.420
designation for this area, staff is now recommending

02:02:20.420 --> 02:02:22.000
approval of this request.

02:02:22.000 --> 02:02:27.000
And I can stand for any questions at this time.

02:02:27.000 --> 02:02:34.000
Any questions for staff?

02:02:34.000 --> 02:02:39.000
Commissioner Hussman.

02:02:39.000 --> 02:02:48.479
Earl, can you come down and give us the preview of the text

02:02:48.479 --> 02:02:57.170
dot roads just so those that are going to come speak can

02:02:57.170 --> 02:03:02.000
have a frame of reference?

02:03:02.000 --> 02:03:07.359
So text dot is currently working on widening Fort Worth

02:03:07.359 --> 02:03:14.079
Drive and along with a portion of FM 1830 all the way to

02:03:14.079 --> 02:03:16.000
the intersection with Hobson Road.

02:03:16.000 --> 02:03:24.060
And so I've taken a couple of areas here for you to look at

02:03:24.060 --> 02:03:25.000
here.

02:03:25.000 --> 02:03:30.979
So this is the intersection 377 and FM 1830 and James

02:03:30.979 --> 02:03:32.000
Street. So they're aligning this intersection up.

02:03:32.000 --> 02:03:34.000
Currently, James Street does not line up with this

02:03:34.000 --> 02:03:35.000
intersection at all.

02:03:35.000 --> 02:03:38.000
And so this is going to be a signalized intersection.

02:03:38.000 --> 02:03:43.329
They're going to construct two dedicated right turn lanes

02:03:43.329 --> 02:03:47.000
from 1830 to northbound 377.

02:03:47.000 --> 02:03:56.739
And they're going to and as you head south on FM 1830, they

02:03:56.739 --> 02:04:03.279
're going to construct a dedicated left turn lane at the

02:04:03.279 --> 02:04:05.000
intersection of Hobson in 1830,

02:04:05.000 --> 02:04:10.000
dedicated right turn from 1830 to Hobson, one through lane.

02:04:10.000 --> 02:04:12.000
Could you could you blow that up?

02:04:12.000 --> 02:04:13.000
Sure.

02:04:13.000 --> 02:04:20.000
Interpresentation mode.

02:04:20.000 --> 02:04:21.000
Oh, I'm sorry.

02:04:21.000 --> 02:04:30.000
Yeah, I forgot about that.

02:04:30.000 --> 02:04:37.000
Hopefully that's better.

02:04:37.000 --> 02:04:40.729
And they're also going to widen Hobson by creating a

02:04:40.729 --> 02:04:43.000
dedicated right turn lane.

02:04:43.000 --> 02:04:45.069
Right now, there's only one lane to take to exit Hobson

02:04:45.069 --> 02:04:46.000
onto 1830.

02:04:46.000 --> 02:04:50.439
So that'll I mean, all these turn lanes should alleviate

02:04:50.439 --> 02:04:55.000
the congestion that's currently going on in this area.

02:04:55.000 --> 02:05:01.000
Okay. Thank you.

02:05:01.000 --> 02:05:02.000
Commissioner Taylor.

02:05:02.000 --> 02:05:04.000
Thank you, Chair.

02:05:04.000 --> 02:05:07.000
Let me get my questions back up.

02:05:07.000 --> 02:05:11.159
So my questions were more pertaining to the zoning and the

02:05:11.159 --> 02:05:14.000
size of the proposed zoning parcel.

02:05:14.000 --> 02:05:18.350
Could you bring back up the future land use map or the

02:05:18.350 --> 02:05:23.220
current or future zoning map either way, either one of

02:05:23.220 --> 02:05:24.000
those.

02:05:24.000 --> 02:05:29.329
So here we show a large area of community mixed use all

02:05:29.329 --> 02:05:31.000
along the highway.

02:05:31.000 --> 02:05:34.329
And community mixed use is often large shopping centers,

02:05:34.329 --> 02:05:38.000
grocery stores with retail in front.

02:05:38.000 --> 02:05:42.779
Probably typically 10 or 20 acres in size or sometimes

02:05:42.779 --> 02:05:49.000
larger long strip centers, I believe is is I Kroger on

02:05:49.000 --> 02:05:52.000
University Drive that entire strip center, I believe is CMG

02:05:52.000 --> 02:05:53.000
.

02:05:53.000 --> 02:05:58.470
So I look at this and is that that looks like about a 10

02:05:58.470 --> 02:06:04.079
acre parcel and we're rezoning just like the end two acres

02:06:04.079 --> 02:06:05.000
of it.

02:06:05.000 --> 02:06:08.640
I believe total what they've proposed for now is a little

02:06:08.640 --> 02:06:10.000
over four acres.

02:06:10.000 --> 02:06:12.399
And then the additional request would be for approximately

02:06:12.399 --> 02:06:13.000
two acres.

02:06:13.000 --> 02:06:16.000
So total total is six.

02:06:16.000 --> 02:06:26.000
So it's rare that I'm saying this is not enough commercial.

02:06:26.000 --> 02:06:32.100
But I find myself kind of puzzling over such a small area

02:06:32.100 --> 02:06:35.000
of community mixed use.

02:06:35.000 --> 02:06:38.060
You know, I would expect you would have gas stations and

02:06:38.060 --> 02:06:41.229
small retail on the front and then something some anchor in

02:06:41.229 --> 02:06:42.000
the back.

02:06:42.000 --> 02:06:47.020
And so I would expect this to go back, you know, another

02:06:47.020 --> 02:06:52.390
several hundred feet and then up the highway quarter mile

02:06:52.390 --> 02:06:55.000
or something like that.

02:06:55.000 --> 02:06:58.640
Is it feasible to to zone just four acres, three or four

02:06:58.640 --> 02:07:01.000
acres into community mixed use?

02:07:01.000 --> 02:07:06.590
It seems like it doesn't really seem like it supports the

02:07:06.590 --> 02:07:10.000
intent of the zoning district.

02:07:10.000 --> 02:07:13.640
Commissioner Taylor, I understand where you're coming from

02:07:13.640 --> 02:07:15.000
and it is right here.

02:07:15.000 --> 02:07:18.579
You say that as it relates to the community mixed use

02:07:18.579 --> 02:07:20.000
district itself,

02:07:20.000 --> 02:07:24.050
it is typically found along major thoroughfares and

02:07:24.050 --> 02:07:29.340
corridors to enable a mix or plethora of mixed uses where

02:07:29.340 --> 02:07:31.000
you've got an anchor store, for example,

02:07:31.000 --> 02:07:36.039
with then junior anchors and associated like uses as you as

02:07:36.039 --> 02:07:38.000
you've indicated.

02:07:38.000 --> 02:07:41.000
However, in this instance, is it enough?

02:07:41.000 --> 02:07:43.000
Should it be more? Should it be longer? Should it be wider?

02:07:43.000 --> 02:07:47.100
Again, a lot of the times when there is a zoning change

02:07:47.100 --> 02:07:48.000
request,

02:07:48.000 --> 02:07:51.199
it is from a specific applicant and is not a citywide

02:07:51.199 --> 02:07:56.060
initiative that is taken to to create this or this vision

02:07:56.060 --> 02:07:58.319
or realize the vision of the comprehensive plan, so to

02:07:58.319 --> 02:07:59.000
speak.

02:07:59.000 --> 02:08:01.590
Ideally, perhaps through court or visioning through a

02:08:01.590 --> 02:08:03.000
philosophical discussion.

02:08:03.000 --> 02:08:06.949
Now that could be achievable in the near future, but at

02:08:06.949 --> 02:08:09.670
this time, this is the impetus that we're hoping that would

02:08:09.670 --> 02:08:12.939
enable the creation of CMG districts in the future,

02:08:12.939 --> 02:08:18.000
especially along the frontage of the right of way.

02:08:18.000 --> 02:08:25.449
Another challenge in this because of the small size of this

02:08:25.449 --> 02:08:33.079
CMG parcel is how much frontage is on Highway 377? Is it

02:08:33.079 --> 02:08:34.000
maybe a couple hundred feet, 150 feet?

02:08:34.000 --> 02:08:40.850
Let me see if I can answer that for you. I believe it is

02:08:40.850 --> 02:08:44.000
several hundred feet.

02:08:44.000 --> 02:08:46.829
I bring that up because it is very close to that

02:08:46.829 --> 02:08:48.000
intersection.

02:08:48.000 --> 02:08:55.359
If this went another 500 feet up 377, you could have safer

02:08:55.359 --> 02:08:57.000
entrances and exits.

02:08:57.000 --> 02:09:00.000
You could design a more cohesive commercial development,

02:09:00.000 --> 02:09:06.220
but just having a driveway 100 feet from what's going to be

02:09:06.220 --> 02:09:08.000
two six-lane roads,

02:09:08.000 --> 02:09:12.539
that's going to be divided roads, so it'll be right in,

02:09:12.539 --> 02:09:15.000
right out only on the highway.

02:09:15.000 --> 02:09:22.250
And then a unique little entrance off of Country Club, and

02:09:22.250 --> 02:09:26.000
all of those could be alleviated if this was larger.

02:09:26.000 --> 02:09:28.000
Did you want the exact numbers for this parcel?

02:09:28.000 --> 02:09:29.000
Sure, that'd be great. Thank you.

02:09:29.000 --> 02:09:33.149
So their frontage is approximately 175 feet along Fort

02:09:33.149 --> 02:09:37.640
Worth Drive. It's approximately 310 feet on Country Club

02:09:37.640 --> 02:09:40.689
Road and then around 340 feet on Hobson for this current

02:09:40.689 --> 02:09:41.000
parcel.

02:09:41.000 --> 02:09:43.239
The portion on Hobson would be extended with that

02:09:43.239 --> 02:09:44.000
additional.

02:09:44.000 --> 02:09:46.989
Would you use your cursor to reflect that for the benefit

02:09:46.989 --> 02:09:50.100
of the audience as well on those frontages, please, and

02:09:50.100 --> 02:09:51.000
repeat them?

02:09:51.000 --> 02:09:54.600
Yes, so 175 feet here along Fort Worth Drive. Actually, I

02:09:54.600 --> 02:09:57.000
think Ariel would serve that a little bit better.

02:09:57.000 --> 02:10:01.630
So here along Fort Worth Drive, 175 feet roughly, and then

02:10:01.630 --> 02:10:07.000
it's about 340 feet or 310 feet here on Country Club Road

02:10:07.000 --> 02:10:11.000
and then 340 feet in width here on Hobson.

02:10:11.000 --> 02:10:16.000
Thank you. Commissioner Ellis.

02:10:16.000 --> 02:10:17.000
Thank you, Chair.

02:10:17.000 --> 02:10:21.149
Okay, so as I understand this, leading to Commissioner

02:10:21.149 --> 02:10:25.350
Taylor's point about this being so small, staff had that

02:10:25.350 --> 02:10:29.270
same issue of it being so small in creating this little

02:10:29.270 --> 02:10:31.000
mini CMG district.

02:10:31.000 --> 02:10:32.000
Yes.

02:10:32.000 --> 02:10:37.329
But now that the applicant, which is the same landowner to

02:10:37.329 --> 02:10:40.000
the property southwest of it.

02:10:40.000 --> 02:10:42.000
Yes, it is all.

02:10:42.000 --> 02:10:43.000
Right? The enter.

02:10:43.000 --> 02:10:44.000
Yeah.

02:10:44.000 --> 02:10:48.350
So they've put a request now to make that larger and make

02:10:48.350 --> 02:10:53.220
that whole district their CMG, which now allows you to want

02:10:53.220 --> 02:10:56.000
to say yes to this small parcel.

02:10:56.000 --> 02:10:58.000
Am I interpreting that correctly?

02:10:58.000 --> 02:11:03.000
Yes, our thinking is that with this entire, what it would

02:11:03.000 --> 02:11:07.039
eliminate this isolated zoning district of NRMU by rezoning

02:11:07.039 --> 02:11:11.000
the entire portion that was originally in red here.

02:11:11.000 --> 02:11:14.270
The second thought was with three zoning patterns on it, I

02:11:14.270 --> 02:11:17.869
believe this is, I can't remember, it's approximately 13

02:11:17.869 --> 02:11:20.000
acres total, this parcel here.

02:11:20.000 --> 02:11:25.000
It would be in cohesive development standards potentially

02:11:25.000 --> 02:11:30.000
with three zoning districts by at least encompassing all of

02:11:30.000 --> 02:11:33.000
the area that was formerly NRMU.

02:11:33.000 --> 02:11:36.539
It would allow more cohesive development because that

02:11:36.539 --> 02:11:40.369
larger, approximately six acres then would share the same

02:11:40.369 --> 02:11:42.000
zoning designation.

02:11:42.000 --> 02:11:46.350
So my concerns are I don't even know if CMG is appropriate

02:11:46.350 --> 02:11:50.619
for this particular piece of land or several parcels of

02:11:50.619 --> 02:11:54.699
land in this particular intersection, which is currently a

02:11:54.699 --> 02:11:58.000
nightmare and is going to be for quite some time.

02:11:58.000 --> 02:12:00.960
Because we don't exactly know when tech stuff is going to

02:12:00.960 --> 02:12:02.000
be their thing.

02:12:02.000 --> 02:12:05.520
The other thing I'm having a hard time with is if we vote

02:12:05.520 --> 02:12:09.649
on this today, this small parcel, it kind of forces us to

02:12:09.649 --> 02:12:14.079
vote yes in two weeks or whenever we see this other parcel

02:12:14.079 --> 02:12:17.000
of land come before us for a rezone.

02:12:17.000 --> 02:12:20.840
Which I'm uncomfortable with that whole thing, the way that

02:12:20.840 --> 02:12:23.000
whole thing is playing out.

02:12:23.000 --> 02:12:29.000
I'm very uncomfortable with that.

02:12:29.000 --> 02:12:32.000
>> Yeah, questions for staff.

02:12:32.000 --> 02:12:33.000
I'll ask one.

02:12:33.000 --> 02:12:37.369
Would you put the future zoning district back up as far as

02:12:37.369 --> 02:12:41.000
what is supposed to be community mixed use?

02:12:41.000 --> 02:12:43.369
What they're asking for CMG is compatible with that,

02:12:43.369 --> 02:12:44.000
correct?

02:12:44.000 --> 02:12:45.000
>> Yes.

02:12:45.000 --> 02:12:48.510
>> That's exactly what we have it planned for on our 2030

02:12:48.510 --> 02:12:49.000
plan.

02:12:49.000 --> 02:12:52.510
So they're not asking for anything above and beyond what we

02:12:52.510 --> 02:12:56.000
have already as a city designated that area to become.

02:12:56.000 --> 02:12:57.000
>> That's correct.

02:12:57.000 --> 02:13:01.630
>> And it's a matter of really, I guess in my opinion, is

02:13:01.630 --> 02:13:03.000
who's first.

02:13:03.000 --> 02:13:08.329
Versus a lot of times there's already zonings in place and

02:13:08.329 --> 02:13:12.000
now we're conforming to other zonings.

02:13:12.000 --> 02:13:18.000
This is essentially first piece of this particular part.

02:13:18.000 --> 02:13:23.239
There's CMG I think farther to the north, closer to 35, but

02:13:23.239 --> 02:13:27.430
all of this corridor is somewhat transitioning over the

02:13:27.430 --> 02:13:31.060
years from what's been a residential area to number of

02:13:31.060 --> 02:13:32.000
businesses being built there.

02:13:32.000 --> 02:13:34.819
I think little guys has built a new building there in the

02:13:34.819 --> 02:13:36.000
last couple years.

02:13:36.000 --> 02:13:38.550
I know there's another building under construction I think

02:13:38.550 --> 02:13:40.000
on the other side of 377.

02:13:40.000 --> 02:13:43.210
So I think it's an area that's in transition in our city

02:13:43.210 --> 02:13:46.720
and going to be transitioning from residential to more of a

02:13:46.720 --> 02:13:48.000
commercial use.

02:13:48.000 --> 02:13:50.760
And so when I look at this proposal, I understand

02:13:50.760 --> 02:13:53.899
Commissioner Taylor's a lot of times based on some of the

02:13:53.899 --> 02:13:57.020
other developments that have come before us with razor

02:13:57.020 --> 02:13:59.000
ranch and the larger tracks.

02:13:59.000 --> 02:14:03.500
This just may not be that large of a development, but

02:14:03.500 --> 02:14:08.739
because it is so many parcels versus it is a 50-acre tract

02:14:08.739 --> 02:14:14.529
or a 30-acre tract, it's residential areas that are going

02:14:14.529 --> 02:14:18.890
to be put together to make larger tracks and going to be

02:14:18.890 --> 02:14:21.000
transitioning to commercial.

02:14:21.000 --> 02:14:29.039
With that said, I particularly don't have an issue with it.

02:14:29.039 --> 02:14:30.970
I think since it conforms to our future zoning map, I have

02:14:30.970 --> 02:14:32.000
a tendency to support it.

02:14:32.000 --> 02:14:37.000
But I'm calling Commissioner Back as a comment as well.

02:14:37.000 --> 02:14:38.000
Thank you, Chair.

02:14:38.000 --> 02:14:44.100
Just to respond to Commissioner Ellis' concern about this

02:14:44.100 --> 02:14:49.939
being a problem if the road work doesn't come into play in

02:14:49.939 --> 02:14:52.000
a timely manner.

02:14:52.000 --> 02:14:57.880
Correct me if I'm wrong, staff, on this, but I believe we

02:14:57.880 --> 02:15:03.000
had a date certain of 2018.

02:15:03.000 --> 02:15:08.000
Is that correct? Earl, thank you.

02:15:08.000 --> 02:15:12.859
Earl, didn't we, when this, the road construction, it's in

02:15:12.859 --> 02:15:14.000
the works.

02:15:14.000 --> 02:15:16.590
This thing is going to be ready about the same time that

02:15:16.590 --> 02:15:19.369
this storefront wants to go up and everything. Is that

02:15:19.369 --> 02:15:20.000
correct?

02:15:20.000 --> 02:15:22.409
This area should be done within a 12-month period. They're

02:15:22.409 --> 02:15:25.369
currently relocating the utilities outside the right-of-way

02:15:25.369 --> 02:15:29.739
right now, and then the street work should begin sometime

02:15:29.739 --> 02:15:31.000
this summer.

02:15:31.000 --> 02:15:34.000
So it all should flow together pretty evenly.

02:15:34.000 --> 02:15:36.960
With the timing of the zoning case and then the, I don't

02:15:36.960 --> 02:15:40.319
know what other processes, the planning process, site plan

02:15:40.319 --> 02:15:43.810
process with this project, it should probably follow about

02:15:43.810 --> 02:15:45.000
the same time frame.

02:15:45.000 --> 02:15:52.000
Okay, thanks, sir.

02:15:52.000 --> 02:15:59.000
Any other questions for staff?

02:15:59.000 --> 02:16:05.000
Any questions?

02:16:05.000 --> 02:16:11.000
Again, this is a public hearing. I have two cards.

02:16:11.000 --> 02:16:15.409
The first card I have requesting to speak is Jared Westmore

02:16:15.409 --> 02:16:24.000
land, if you'd come forward at this time.

02:16:24.000 --> 02:16:29.479
Hi, good evening all. I'm Jared Westmoreland. I represent C

02:16:29.479 --> 02:16:31.439
ST Brands, which is a spinoff from Corporate Valero down in

02:16:31.439 --> 02:16:32.000
San Antonio.

02:16:32.000 --> 02:16:37.000
My address is 1818 Summit Avenue, Dallas, Texas.

02:16:37.000 --> 02:16:39.590
Here to really just address any additional questions you

02:16:39.590 --> 02:16:43.879
have. One question that was raised, Mr. Taylor, that I did

02:16:43.879 --> 02:16:46.000
want to address is that

02:16:46.000 --> 02:16:49.440
in TexDOT, we have met with TexDOT and formally submitted

02:16:49.440 --> 02:16:52.860
our curb cuts, and they have granted the approval of where

02:16:52.860 --> 02:16:56.040
the placement of the curb cut will go based on the

02:16:56.040 --> 02:16:58.000
schematic and our submittal of the site plan.

02:16:58.000 --> 02:17:03.329
So that has been reviewed, fully approved by TexDOT and

02:17:03.329 --> 02:17:07.000
conforms with their requirements.

02:17:07.000 --> 02:17:10.899
Any other additional questions from the audience or staff

02:17:10.899 --> 02:17:14.000
or the city? I'm certainly here to address those questions.

02:17:14.000 --> 02:17:16.000
Okay, got a question. Commissioner Beck.

02:17:16.000 --> 02:17:20.000
Just curious, how many pumps are there?

02:17:20.000 --> 02:17:22.000
There will be seven fueling stations.

02:17:22.000 --> 02:17:23.000
Okay, thanks.

02:17:23.000 --> 02:17:27.329
Yes, sir. And I have elevations as well that I'd like to

02:17:27.329 --> 02:17:30.000
pass around and just share with you.

02:17:44.000 --> 02:17:57.360
We'll get some of these up on the overhead so everyone can

02:17:57.360 --> 02:18:02.000
see what we have.

02:18:14.000 --> 02:18:41.000
Okay.

02:18:41.000 --> 02:18:47.000
Any other questions for the applicant?

02:18:47.000 --> 02:18:51.000
Thank you, sir. I appreciate it.

02:18:51.000 --> 02:18:53.000
We have one other card.

02:18:53.000 --> 02:18:57.659
Dick Smith, he does not wish to speak, but he is in support

02:18:57.659 --> 02:18:58.000
.

02:18:58.000 --> 02:19:04.100
Do not have -- please, the card I had said do not speak,

02:19:04.100 --> 02:19:06.000
you are more than welcome to speak.

02:19:11.000 --> 02:19:13.790
Please state your name and address and we have four minutes

02:19:13.790 --> 02:19:14.000
.

02:19:14.000 --> 02:19:19.000
Dick Smith, 721 West Hobson, Denton.

02:19:19.000 --> 02:19:23.590
I'm a partner in the ownership of this property, including

02:19:23.590 --> 02:19:27.000
the 10 acres that you referred to adjacent to this piece.

02:19:27.000 --> 02:19:31.000
I also live across the street from this property.

02:19:31.000 --> 02:19:41.110
And my partner and I have been very restrictive. We've had

02:19:41.110 --> 02:19:41.840
an opportunity to develop this property several times over

02:19:41.840 --> 02:19:43.000
the last 10 years.

02:19:43.000 --> 02:19:46.149
And because I live across the street from it, I'm very

02:19:46.149 --> 02:19:49.000
interested in what is going to be built there.

02:19:49.000 --> 02:19:54.000
And we've turned down quite a few projects.

02:19:54.000 --> 02:20:01.350
Now, these -- the planned use for the far northwest corner

02:20:01.350 --> 02:20:05.000
of what is in question here,

02:20:05.000 --> 02:20:09.780
we were agreeable to selling one acre and they were buying

02:20:09.780 --> 02:20:14.629
another acre just north of it to accommodate what they need

02:20:14.629 --> 02:20:15.000
.

02:20:15.000 --> 02:20:18.780
We had the request over the last week to include the

02:20:18.780 --> 02:20:22.000
balance of that four acres, give or take,

02:20:22.000 --> 02:20:25.000
and include it in the CMG zoning.

02:20:25.000 --> 02:20:29.000
We had no -- we were ambivalent on that.

02:20:29.000 --> 02:20:32.000
And the city has asked us to do that.

02:20:32.000 --> 02:20:35.000
So we have agreed to include it in there.

02:20:35.000 --> 02:20:39.000
That's how that happened.

02:20:39.000 --> 02:20:42.870
There's a lot of uses for it other than a large -- I mean,

02:20:42.870 --> 02:20:46.000
for CMG zoning other than a large Kroger store.

02:20:46.000 --> 02:20:49.000
So I think we're in favor of this.

02:20:49.000 --> 02:20:50.000
I'll be living across the street from it.

02:20:50.000 --> 02:20:55.000
They've been very receptive to landscape zoning around --

02:20:55.000 --> 02:20:58.000
or landscape screening around the store,

02:20:58.000 --> 02:21:03.489
as well as lighting restrictions that we have requested to

02:21:03.489 --> 02:21:06.000
keeping down lighting.

02:21:06.000 --> 02:21:10.000
We just have no issues with how this thing has come down.

02:21:10.000 --> 02:21:13.260
So I just wanted to let you know I'm living across the

02:21:13.260 --> 02:21:14.000
street.

02:21:14.000 --> 02:21:18.000
I'm in favor of it.

02:21:18.000 --> 02:21:21.000
Any questions?

02:21:21.000 --> 02:21:23.000
Thank you.

02:21:23.000 --> 02:21:25.000
Again, this is a public hearing.

02:21:25.000 --> 02:21:30.520
Anyone who would like to speak on this item, please come

02:21:30.520 --> 02:21:33.000
forward at this time.

02:21:33.000 --> 02:21:38.000
Seeing none, I will close the public hearing.

02:21:38.000 --> 02:21:43.000
Open the floor for -- Commissioner Hudsbeth.

02:21:43.000 --> 02:21:45.590
I don't know if it's right to start the discussion with a

02:21:45.590 --> 02:21:47.000
motion, but --

02:21:47.000 --> 02:21:49.000
You have the floor.

02:21:49.000 --> 02:21:56.000
I'm going to move approval of agenda item Z160029.

02:21:56.000 --> 02:21:57.000
Commissioner Back.

02:21:57.000 --> 02:21:59.000
Second.

02:21:59.000 --> 02:22:03.000
We have a first and a second for approval.

02:22:03.000 --> 02:22:06.000
Discussion.

02:22:06.000 --> 02:22:08.000
Commissioner Elvis.

02:22:08.000 --> 02:22:10.000
I'll just restate.

02:22:10.000 --> 02:22:13.000
I'm going to go ahead and vote no on this.

02:22:13.000 --> 02:22:16.649
I'm just not comfortable, again, with the way it all kind

02:22:16.649 --> 02:22:18.000
of came together.

02:22:18.000 --> 02:22:22.989
I'm not sure, like I said, I'm comfortable with CMG being

02:22:22.989 --> 02:22:26.000
where we're going to put it next to NR2.

02:22:26.000 --> 02:22:28.559
I'd be more comfortable if we were going the other

02:22:28.559 --> 02:22:30.000
direction up Fort Worth Drive,

02:22:30.000 --> 02:22:36.000
which seems more likely with this zoning, in my opinion.

02:22:36.000 --> 02:22:38.000
So I just can't support it.

02:22:38.000 --> 02:22:42.000
Sure.

02:22:42.000 --> 02:22:44.000
Commissioner Tyler.

02:22:44.000 --> 02:22:45.000
Thank you, Chair.

02:22:45.000 --> 02:22:52.040
As I've voiced several concerns about the overall zoning

02:22:52.040 --> 02:22:55.000
aspect or planning aspect of this,

02:22:55.000 --> 02:22:58.819
where this does feel like it's too small of a parcel, and

02:22:58.819 --> 02:23:03.000
the NRMU immediately to the east was concerning as well.

02:23:03.000 --> 02:23:07.329
But I guess we'll expect to see that in four weeks or so,

02:23:07.329 --> 02:23:09.000
four or six weeks.

02:23:09.000 --> 02:23:13.219
And I'm really torn because I don't think -- I think this

02:23:13.219 --> 02:23:16.000
would be appropriate development,

02:23:16.000 --> 02:23:20.540
and I think the zoning category will be appropriate as the

02:23:20.540 --> 02:23:23.000
rest of 377 rezones.

02:23:23.000 --> 02:23:27.000
I guess I'd say this is an imperfect start.

02:23:27.000 --> 02:23:29.590
I wish we could have had a better start, but I guess I will

02:23:29.590 --> 02:23:32.780
support it because it is the correct direction to move

02:23:32.780 --> 02:23:35.000
along 377.

02:23:35.000 --> 02:23:38.000
Okay.

02:23:38.000 --> 02:23:42.000
Any other discussion?

02:23:42.000 --> 02:23:44.000
Okay.

02:23:44.000 --> 02:23:54.000
Seeing none, I will call for a vote on the board.

02:23:54.000 --> 02:24:22.000
Motion carries to approve 4-1.

02:24:22.000 --> 02:24:24.000
Can I make the motion?

02:24:24.000 --> 02:24:28.000
Do I have a conflict?

02:24:28.000 --> 02:24:34.000
Okay.

02:24:34.000 --> 02:24:38.329
We have a housekeeping item, and we're going to be going

02:24:38.329 --> 02:24:40.000
back to item 4-A,

02:24:40.000 --> 02:24:43.760
and as such I'm going to step out with my same conflict and

02:24:43.760 --> 02:24:47.000
I'm going to let housekeeping get cleaned up.

02:24:47.000 --> 02:24:52.000
It's a motion to reopen.

02:24:52.000 --> 02:24:55.059
So I was just notified that we actually closed the public

02:24:55.059 --> 02:25:00.000
hearing on 4-A before taking the motion to postpone,

02:25:00.000 --> 02:25:03.790
and so we want to go ahead and seek a motion to reopen that

02:25:03.790 --> 02:25:10.770
public hearing so that it does not have to be re-noticed at

02:25:10.770 --> 02:25:13.000
a later time.

02:25:13.000 --> 02:25:18.040
So I apologize for my administrative faux pas, and I will

02:25:18.040 --> 02:25:23.000
consider -- Commissioner Hudspeth?

02:25:23.000 --> 02:25:36.000
I move we reopen agenda item FR --

02:25:36.000 --> 02:25:44.000
FR160023, reopen that public --

02:25:44.000 --> 02:25:46.000
And Commissioner Beck?

02:25:46.000 --> 02:25:48.000
Second.

02:25:48.000 --> 02:25:50.920
Just as a point of order, you want to reopen it and postp

02:25:50.920 --> 02:25:53.000
one it to the March 8th deadline?

02:25:53.000 --> 02:25:54.000
That's correct.

02:25:54.000 --> 02:25:55.000
Okay.

02:25:55.000 --> 02:25:57.000
And you're okay with that, Friendly?

02:25:57.000 --> 02:26:00.860
So we have a motion to reopen public hearing agenda item 4-

02:26:00.860 --> 02:26:04.000
A and postpone to a date certain of March 8th.

02:26:04.000 --> 02:26:06.000
We have a motion and a second.

02:26:06.000 --> 02:26:09.000
Any further discussion?

02:26:09.000 --> 02:26:26.000
Call for a vote on the board.

02:26:26.000 --> 02:26:27.000
Motion carries.

02:26:27.000 --> 02:26:29.000
4-0.

02:26:29.000 --> 02:26:44.000
Thank you.

02:26:44.000 --> 02:26:45.000
Thank you.

02:26:45.000 --> 02:26:47.629
It is 8.05, and I think we have a long item that we're

02:26:47.629 --> 02:26:49.000
getting ready to start on.

02:26:49.000 --> 02:26:52.870
I think it would be appropriate for us to take a five to 10

02:26:52.870 --> 02:26:54.000
-minute break,

02:26:54.000 --> 02:26:57.940
and let's try to get back as quick as we can and get

02:26:57.940 --> 02:26:59.000
started.

02:26:59.000 --> 02:27:15.000
So I'm going to call a recess at 8.05.

02:27:15.000 --> 02:27:17.000
Good evening and welcome back.

02:27:17.000 --> 02:27:22.000
I will call us back in session at 8.19.

02:27:22.000 --> 02:27:27.000
We are going to now open the public hearing for item C.

02:27:27.000 --> 02:27:34.809
It will be Z16-0023, and I will call on Julie Wyatt for

02:27:34.809 --> 02:27:37.000
presentation.

02:27:37.000 --> 02:27:38.000
Good evening.

02:27:38.000 --> 02:27:42.000
I'm Julie Wyatt, Senior Planner with the City of Denton.

02:27:42.000 --> 02:27:44.360
The request before you or the location of the request

02:27:44.360 --> 02:27:46.000
before you is south of Scripture.

02:27:46.000 --> 02:27:48.000
It's between Normal and Bryan Street.

02:27:48.000 --> 02:27:52.000
It's north of the UNT campus.

02:27:52.000 --> 02:27:56.270
The request from the applicant is to rezone approximately 1

02:27:56.270 --> 02:28:01.000
.39 acres from DR2 to DCG district.

02:28:01.000 --> 02:28:06.959
They've expressed their intent to do this is to consolidate

02:28:06.959 --> 02:28:10.000
the zoning on the property.

02:28:10.000 --> 02:28:13.000
This request is three parcels.

02:28:13.000 --> 02:28:19.930
The largest of the three parcels actually has split zoning

02:28:19.930 --> 02:28:21.000
on it.

02:28:21.000 --> 02:28:25.000
It has a half DCG and half DR2.

02:28:25.000 --> 02:28:30.000
So they're requesting to consolidate that zoning to the DCG

02:28:30.000 --> 02:28:35.110
zoning district in order to develop the entire tract with a

02:28:35.110 --> 02:28:37.000
multifamily use.

02:28:37.000 --> 02:28:43.000
So I'm going to call on the applicant at this time.

02:28:43.000 --> 02:28:44.000
Okay.

02:28:44.000 --> 02:28:49.000
He's going to come up.

02:28:49.000 --> 02:28:51.000
Good evening. My name is Lee Allison.

02:28:51.000 --> 02:28:53.000
I'm with Allison Engineering Group.

02:28:53.000 --> 02:28:55.000
We office here in Denton, Texas.

02:28:55.000 --> 02:28:57.760
And this evening, because of some information that's come

02:28:57.760 --> 02:29:00.329
up that may be confusing, we would like to ask for a

02:29:00.329 --> 02:29:03.000
continuance until the next commission meeting.

02:29:03.000 --> 02:29:09.000
I believe that would be March the 8th of 2017.

02:29:09.000 --> 02:29:13.000
Okay.

02:29:13.000 --> 02:29:16.149
I might call on legal for clarification of how we would

02:29:16.149 --> 02:29:18.000
handle that appropriately.

02:29:18.000 --> 02:29:22.000
We can make a motion, but you have the opportunity.

02:29:22.000 --> 02:29:25.719
I know that you have plenty of people here that are wishing

02:29:25.719 --> 02:29:27.000
maybe to speak.

02:29:27.000 --> 02:29:31.049
If you want to hold your comments until any sort of postpon

02:29:31.049 --> 02:29:35.059
ement, then you can do so so that the entire commission

02:29:35.059 --> 02:29:37.270
would benefit from hearing them, or you can go ahead and

02:29:37.270 --> 02:29:38.000
speak now.

02:29:38.000 --> 02:29:41.209
And then we can do a subsequent motion after the public

02:29:41.209 --> 02:29:42.000
hearing.

02:29:42.000 --> 02:29:47.000
However, you want to handle that.

02:29:47.000 --> 02:29:52.000
Commissioner Tyler.

02:29:52.000 --> 02:29:53.000
Thank you.

02:29:53.000 --> 02:29:54.000
Let me start over.

02:29:54.000 --> 02:29:56.000
Thank you, Chair.

02:29:56.000 --> 02:30:01.239
Can I ask what information came to light that now requires

02:30:01.239 --> 02:30:03.000
a postponement?

02:30:03.000 --> 02:30:06.680
There seems to be some confusion regarding building heights

02:30:06.680 --> 02:30:10.709
and setbacks in residential areas, and we need some time to

02:30:10.709 --> 02:30:15.000
clarify that and make sure we understand it exactly.

02:30:15.000 --> 02:30:19.540
And we feel like that needs to be worked out before we have

02:30:19.540 --> 02:30:23.000
a full presentation to the commission.

02:30:23.000 --> 02:30:25.790
So do you feel that the -- so you have confusion about

02:30:25.790 --> 02:30:28.780
building heights, or you feel like the commission has

02:30:28.780 --> 02:30:31.000
confusion about building heights?

02:30:31.000 --> 02:30:34.280
I think everybody's got confusion about the building height

02:30:34.280 --> 02:30:36.870
right now, particularly with discussing it with staff later

02:30:36.870 --> 02:30:40.030
, and that needs to maybe have some exhibits and examples to

02:30:40.030 --> 02:30:41.000
clarify that.

02:30:41.000 --> 02:30:44.000
Okay. Thank you.

02:30:44.000 --> 02:30:47.000
Commissioner Hutchins.

02:30:47.000 --> 02:30:50.530
Just my personal preference, I would like to hear from

02:30:50.530 --> 02:30:54.260
those that are willing to speak just so that I can have an

02:30:54.260 --> 02:30:59.079
understanding of the neighborhood and concerns, thoughts,

02:30:59.079 --> 02:31:00.000
that type of thing.

02:31:00.000 --> 02:31:03.870
And also I think it's good for the applicant to -- I know

02:31:03.870 --> 02:31:08.379
you've had neighborhood meetings, but I think it would be

02:31:08.379 --> 02:31:11.870
good to kind of fine tune those things, get another chance

02:31:11.870 --> 02:31:13.000
to hear those things.

02:31:13.000 --> 02:31:16.860
So me personally, I would like to hear those thoughts,

02:31:16.860 --> 02:31:20.940
comments, so that I can better understand the issue from a

02:31:20.940 --> 02:31:23.000
different perspective.

02:31:23.000 --> 02:31:25.000
Okay.

02:31:25.000 --> 02:31:26.000
Okay.

02:31:26.000 --> 02:31:29.909
Just as a clarification, I think in the past when we've had

02:31:29.909 --> 02:31:33.440
to do a continuance of public hearings and we've had a

02:31:33.440 --> 02:31:36.969
large group come out, I want to give you the opportunity to

02:31:36.969 --> 02:31:38.000
speak tonight.

02:31:38.000 --> 02:31:41.159
And I think we have in the past, as this continues, to

02:31:41.159 --> 02:31:44.520
suspend the rule that if you speak, you don't get to speak

02:31:44.520 --> 02:31:46.000
at the next meeting.

02:31:46.000 --> 02:31:49.629
And so in this instance, we are going to continue that,

02:31:49.629 --> 02:31:52.000
that you can speak this evening.

02:31:52.000 --> 02:31:55.440
And when this item comes back before us on March the 8th,

02:31:55.440 --> 02:31:58.299
even if you have spoken tonight, you will have an

02:31:58.299 --> 02:32:01.000
opportunity to speak again at that time.

02:32:01.000 --> 02:32:04.000
So again, this is a public hearing.

02:32:04.000 --> 02:32:06.659
So if we do have people that would like to go ahead and

02:32:06.659 --> 02:32:10.000
speak tonight, we don't have all the commissioners here.

02:32:10.000 --> 02:32:12.000
You can certainly speak to the ones that are here.

02:32:12.000 --> 02:32:15.059
And then you can come back if you would like to on the 8th,

02:32:15.059 --> 02:32:17.899
when hopefully we have a full commission and make your

02:32:17.899 --> 02:32:19.000
points again.

02:32:19.000 --> 02:32:24.719
So I'm going to -- I have a large stack of cards, a lot of

02:32:24.719 --> 02:32:26.000
emails.

02:32:26.000 --> 02:32:28.000
And so I do want to open this up.

02:32:28.000 --> 02:32:29.000
It is a public hearing.

02:32:29.000 --> 02:32:32.500
So if you would like to speak this evening, please come

02:32:32.500 --> 02:32:34.000
forward and do that.

02:32:34.000 --> 02:32:35.000
It's first come, first served.

02:32:35.000 --> 02:32:38.200
So whoever would like to do that this evening, please come

02:32:38.200 --> 02:32:39.000
to the mic.

02:32:39.000 --> 02:32:41.000
And then -- okay.

02:32:41.000 --> 02:32:44.540
>> If I could just -- if I could ask staff just briefly, we

02:32:44.540 --> 02:32:48.329
would keep this public hearing open so that it wouldn't

02:32:48.329 --> 02:32:51.000
have to be republished, correct?

02:32:51.000 --> 02:32:52.000
>> That is correct.

02:32:52.000 --> 02:32:53.000
>> Okay.

02:32:53.000 --> 02:32:55.909
So then we should probably do the motion and then go ahead

02:32:55.909 --> 02:32:58.000
and hear testimony from the public.

02:32:58.000 --> 02:32:59.000
Okay.

02:32:59.000 --> 02:33:01.000
So I think the motion would be better at this time.

02:33:01.000 --> 02:33:05.000
>> Give us just a second to do things in appropriate steps.

02:33:05.000 --> 02:33:07.000
Commissioner Hussman.

02:33:07.000 --> 02:33:12.969
>> I move we postpone this agenda item Z160023 to a date

02:33:12.969 --> 02:33:15.000
certain March 8.

02:33:15.000 --> 02:33:16.000
>> Okay.

02:33:16.000 --> 02:33:17.000
Continue.

02:33:17.000 --> 02:33:24.000
>> And continue the open discussion.

02:33:24.000 --> 02:33:25.000
I'm sure I'm dragging --

02:33:25.000 --> 02:33:26.000
>> To the public hearing.

02:33:26.000 --> 02:33:27.000
>> There you go.

02:33:27.000 --> 02:33:29.000
>> I'm sure the public hearing to that point as well.

02:33:29.000 --> 02:33:30.000
>> Okay.

02:33:30.000 --> 02:33:35.000
So we're going to -- motion B to continue to March the 8th.

02:33:35.000 --> 02:33:36.000
Commissioner Beck.

02:33:36.000 --> 02:33:37.000
>> Second.

02:33:37.000 --> 02:33:38.000
>> Okay.

02:33:38.000 --> 02:33:39.000
We have a first and a second.

02:33:39.000 --> 02:33:45.000
Any discussion?

02:33:45.000 --> 02:33:48.030
Seeing none, we will call for a vote on the board to

02:33:48.030 --> 02:33:50.000
continue to March the 8th.

02:33:57.000 --> 02:34:07.000
Motion carries five to zero.

02:34:07.000 --> 02:34:09.000
This is still a public hearing.

02:34:09.000 --> 02:34:10.000
We are continued.

02:34:10.000 --> 02:34:17.290
So anyone that would like to speak, please come forward at

02:34:17.290 --> 02:34:19.000
this time.

02:34:19.000 --> 02:34:20.000
>> Thank you.

02:34:20.000 --> 02:34:21.000
My name is Paul Meltzer.

02:34:21.000 --> 02:34:26.000
I live at 1914 West Oak Street.

02:34:26.000 --> 02:34:29.000
I'm a public health officer.

02:34:29.000 --> 02:34:33.000
I work at the Department of Health and Human Services.

02:34:33.000 --> 02:34:37.000
I work at the Department of Health and Human Services.

02:34:37.000 --> 02:34:41.000
I work at the Department of Health and Human Services.

02:34:41.000 --> 02:34:44.000
I work at the Department of Health and Human Services.

02:34:44.000 --> 02:34:48.000
I work at the Department of Health and Human Services.

02:34:48.000 --> 02:34:51.000
I work at the Department of Health and Human Services.

02:34:51.000 --> 02:34:54.000
I work at the Department of Health and Human Services.

02:34:54.000 --> 02:34:57.000
I work at the Department of Health and Human Services.

02:34:57.000 --> 02:35:00.000
I work at the Department of Health and Human Services.

02:35:00.000 --> 02:35:03.000
I work at the Department of Health and Human Services.

02:35:03.000 --> 02:35:06.000
I work at the Department of Health and Human Services.

02:35:06.000 --> 02:35:09.000
I work at the Department of Health and Human Services.

02:35:09.000 --> 02:35:12.000
I work at the Department of Health and Human Services.

02:35:12.000 --> 02:35:15.000
I work at the Department of Health and Human Services.

02:35:15.000 --> 02:35:18.000
I work at the Department of Health and Human Services.

02:35:18.000 --> 02:35:21.000
I work at the Department of Health and Human Services.

02:35:21.000 --> 02:35:24.000
I work at the Department of Health and Human Services.

02:35:24.000 --> 02:35:27.000
I work at the Department of Health and Human Services.

02:35:27.000 --> 02:35:30.000
I work at the Department of Health and Human Services.

02:35:30.000 --> 02:35:33.000
I work at the Department of Health and Human Services.

02:35:33.000 --> 02:35:36.000
I work at the Department of Health and Human Services.

02:35:36.000 --> 02:35:39.000
I work at the Department of Health and Human Services.

02:35:39.000 --> 02:35:42.000
I work at the Department of Health and Human Services.

02:35:42.000 --> 02:35:45.000
I work at the Department of Health and Human Services.

02:35:45.000 --> 02:35:48.000
I work at the Department of Health and Human Services.

02:35:48.000 --> 02:35:51.000
I work at the Department of Health and Human Services.

02:35:51.000 --> 02:35:54.000
I work at the Department of Health and Human Services.

02:35:54.000 --> 02:35:57.000
I work at the Department of Health and Human Services.

02:35:57.000 --> 02:36:00.000
I work at the Department of Health and Human Services.

02:36:00.000 --> 02:36:03.000
I work at the Department of Health and Human Services.

02:36:03.000 --> 02:36:06.000
I work at the Department of Health and Human Services.

02:36:06.000 --> 02:36:09.000
I work at the Department of Health and Human Services.

02:36:09.000 --> 02:36:12.000
I work at the Department of Health and Human Services.

02:36:12.000 --> 02:36:15.000
I work at the Department of Health and Human Services.

02:36:15.000 --> 02:36:18.000
I work at the Department of Health and Human Services.

02:36:18.000 --> 02:36:21.000
I work at the Department of Health and Human Services.

02:36:21.000 --> 02:36:24.000
I work at the Department of Health and Human Services.

02:36:24.000 --> 02:36:27.000
I work at the Department of Health and Human Services.

02:36:27.000 --> 02:36:30.000
I work at the Department of Health and Human Services.

02:36:30.000 --> 02:36:33.000
I work at the Department of Health and Human Services.

02:36:33.000 --> 02:36:36.000
I work at the Department of Health and Human Services.

02:36:36.000 --> 02:36:39.000
I work at the Department of Health and Human Services.

02:36:39.000 --> 02:36:42.000
I work at the Department of Health and Human Services.

02:36:42.000 --> 02:36:45.000
I work at the Department of Health and Human Services.

02:36:45.000 --> 02:36:48.000
I work at the Department of Health and Human Services.

02:36:48.000 --> 02:36:51.000
I work at the Department of Health and Human Services.

02:36:51.000 --> 02:36:54.000
I work at the Department of Health and Human Services.

02:36:54.000 --> 02:36:57.000
I work at the Department of Health and Human Services.

02:36:57.000 --> 02:37:00.000
I work at the Department of Health and Human Services.

02:37:00.000 --> 02:37:03.000
I work at the Department of Health and Human Services.

02:37:03.000 --> 02:37:06.000
I work at the Department of Health and Human Services.

02:37:06.000 --> 02:37:09.000
I work at the Department of Health and Human Services.

02:37:09.000 --> 02:37:12.000
I spent the night with Simon, my seven-year-old son,

02:37:12.000 --> 02:37:14.000
who has done a fantastic job,

02:37:14.000 --> 02:37:17.000
because it's that important to me to spend his whole night

02:37:17.000 --> 02:37:19.000
sitting here in council chambers,

02:37:19.000 --> 02:37:21.000
because this neighborhood matters to me.

02:37:21.000 --> 02:37:24.000
I want to first of all thank you all for what you do,

02:37:24.000 --> 02:37:27.000
and I know that you read through lots of paperwork

02:37:27.000 --> 02:37:29.000
and do lots of deep thinking,

02:37:29.000 --> 02:37:32.000
and that you have a very deep knowledge of what goes on in

02:37:32.000 --> 02:37:32.000
Denton

02:37:32.000 --> 02:37:34.000
and what's permissible and what isn't.

02:37:34.000 --> 02:37:38.000
And so I would remind you of the 2030 Comprehensive Plan

02:37:38.000 --> 02:37:41.000
document for our city development.

02:37:41.000 --> 02:37:43.000
I know some of the people who are in front of me now

02:37:43.000 --> 02:37:46.000
have served on that committee.

02:37:46.000 --> 02:37:49.000
I was on that committee, in fact, and I'm going to read to

02:37:49.000 --> 02:37:49.000
you

02:37:49.000 --> 02:37:51.000
what it says for Neighborhood University

02:37:51.000 --> 02:37:54.000
Compatibility Area Development Criteria.

02:37:54.000 --> 02:38:00.000
This is, by the way, Goal LU-6, Grow with Balance,

02:38:00.000 --> 02:38:04.000
Establish Land Use Designation that Responds to the Growing

02:38:04.000 --> 02:38:04.000
Needs

02:38:04.000 --> 02:38:07.000
and Character Specifications of the Denton Community.

02:38:07.000 --> 02:38:09.000
And the very first statement says,

02:38:09.000 --> 02:38:11.000
"The Neighborhood University compatibility area

02:38:11.000 --> 02:38:16.000
should provide a gradual transition in scale, use,

02:38:16.000 --> 02:38:19.000
character, and intensity between the universities

02:38:19.000 --> 02:38:21.000
and the surrounding neighborhoods."

02:38:21.000 --> 02:38:25.000
So there will be other people who will speak eloquently,

02:38:25.000 --> 02:38:28.000
more eloquently than I.

02:38:28.000 --> 02:38:30.000
I wouldn't be here, though, and none of us would,

02:38:30.000 --> 02:38:32.000
if the developers were willing to follow

02:38:32.000 --> 02:38:33.000
what the existing zoning was.

02:38:33.000 --> 02:38:35.000
Now, I don't personally agree with the existing zoning.

02:38:35.000 --> 02:38:37.000
I think it's vestigial to what was there

02:38:37.000 --> 02:38:39.000
when the Flow Hospital was there

02:38:39.000 --> 02:38:41.000
and that the neighborhood character has changed.

02:38:41.000 --> 02:38:45.000
But we have serious questions about parking,

02:38:45.000 --> 02:38:48.000
which is already taxing our neighborhood greatly,

02:38:48.000 --> 02:38:51.000
storm drainage, and what's to do with the water.

02:38:51.000 --> 02:38:55.000
The people who live north of this development

02:38:55.000 --> 02:38:58.000
already have serious storm drainage problems.

02:38:58.000 --> 02:39:01.000
But most importantly, I'm concerned about maintaining

02:39:01.000 --> 02:39:03.000
historic character in the infill.

02:39:03.000 --> 02:39:06.000
Compatible with our existing neighborhoods,

02:39:06.000 --> 02:39:09.000
and I'm asking you, when you come to your decision

02:39:09.000 --> 02:39:11.000
to make sure that it is something that is careful,

02:39:11.000 --> 02:39:15.000
conscientious redevelopment, in the neighborhood meetings,

02:39:15.000 --> 02:39:17.000
nobody said, "No, let's leave this

02:39:17.000 --> 02:39:20.000
as an abandoned mental hospital facility."

02:39:20.000 --> 02:39:22.000
We want to see it redeveloped,

02:39:22.000 --> 02:39:24.000
but we want to see it developed in a way

02:39:24.000 --> 02:39:28.000
that is going to maintain our values as single homeowners,

02:39:28.000 --> 02:39:30.000
as single-family homeowners.

02:39:30.000 --> 02:39:32.000
We want to see it so that the retail that goes in

02:39:32.000 --> 02:39:35.000
is useful to us in the neighborhood

02:39:35.000 --> 02:39:37.000
and to the students who live there,

02:39:37.000 --> 02:39:40.000
because we all choose to live in this neighborhood

02:39:40.000 --> 02:39:43.000
because of the different varieties of things it provides.

02:39:43.000 --> 02:39:45.000
My son can ride his bicycle

02:39:45.000 --> 02:39:47.000
to the Howdy Doody to buy a candy bar.

02:39:47.000 --> 02:39:49.000
He will never have to cross a busy street

02:39:49.000 --> 02:39:52.000
to get to Denton High School or Calhoun Middle School.

02:39:52.000 --> 02:39:55.000
And I love where I live, and I'm standing here tonight

02:39:55.000 --> 02:39:57.000
to defend its historic character

02:39:57.000 --> 02:40:01.000
and its ability to have a happy family life

02:40:01.000 --> 02:40:05.000
that also works with students and small businesses.

02:40:05.000 --> 02:40:06.000
Thank you.

02:40:06.000 --> 02:40:08.000
-Okay, thank you. -Thank you.

02:40:08.000 --> 02:40:10.000
Anyone?

02:40:10.000 --> 02:40:12.000
-Thank you. -I'll be back.

02:40:12.000 --> 02:40:14.000
[ Indistinct conversations ]

02:40:14.000 --> 02:40:17.000
Hi. My name's Craig Clifton, and I wanted to thank you all.

02:40:17.000 --> 02:40:19.000
It's very gracious to allow us to speak now

02:40:19.000 --> 02:40:21.000
and then also in the future,

02:40:21.000 --> 02:40:23.000
so I'll just bring up one point or two and keep it brief.

02:40:23.000 --> 02:40:25.000
Can you give us your address, please?

02:40:25.000 --> 02:40:27.000
-How about your partner? -Need your address, please.

02:40:27.000 --> 02:40:32.000
We were moving 720 Hector,

02:40:32.000 --> 02:40:34.000
but we were moving back over to Normal Street

02:40:34.000 --> 02:40:36.000
where we've had property for 50 years.

02:40:36.000 --> 02:40:38.000
-Thank you. -And that was 407 Normal,

02:40:38.000 --> 02:40:40.000
and we found out about what they were building.

02:40:40.000 --> 02:40:43.000
Now, for 50 years, we've had property there

02:40:43.000 --> 02:40:45.000
and lived off there off and on.

02:40:45.000 --> 02:40:48.000
And so we were there where this rezoning took place,

02:40:48.000 --> 02:40:50.000
and it was explained to us --

02:40:50.000 --> 02:40:55.000
this was for a medical building with Flow Hospital.

02:40:55.000 --> 02:41:01.000
It was certainly not an SRO and not an apartment.

02:41:01.000 --> 02:41:03.000
There wouldn't be any parking problems.

02:41:03.000 --> 02:41:05.000
No one would be there after 5 o'clock,

02:41:05.000 --> 02:41:07.000
and that's how it was presented to us.

02:41:07.000 --> 02:41:10.000
So we think it's -- they found a loophole

02:41:10.000 --> 02:41:14.000
in that when they presented that to us for the rezoning,

02:41:14.000 --> 02:41:16.000
we were voting for that.

02:41:16.000 --> 02:41:18.780
We weren't voting for this, and this certainly wouldn't be

02:41:18.780 --> 02:41:19.000
okay.

02:41:19.000 --> 02:41:23.329
It's not a like-kind development in our neighborhood, our

02:41:23.329 --> 02:41:24.000
street,

02:41:24.000 --> 02:41:26.000
which I'm sure you all have been down,

02:41:26.000 --> 02:41:30.000
is one or two stories apartments or rent houses.

02:41:30.000 --> 02:41:33.000
And when they build this four-to-five story,

02:41:33.000 --> 02:41:36.350
they're going to more than triple the population of our

02:41:36.350 --> 02:41:37.000
street.

02:41:37.000 --> 02:41:40.000
And our street's just one block long,

02:41:40.000 --> 02:41:43.760
and it's just a residential area street just like Bryan

02:41:43.760 --> 02:41:45.000
Street.

02:41:45.000 --> 02:41:47.760
The traffic and the parking for all their friends will be

02:41:47.760 --> 02:41:49.000
coming by.

02:41:49.000 --> 02:41:51.000
We can't withhold that,

02:41:51.000 --> 02:41:56.329
and there isn't going to be any room on that street for

02:41:56.329 --> 02:41:57.000
anything

02:41:57.000 --> 02:41:59.000
once they build this.

02:41:59.000 --> 02:42:02.000
It isn't congruent to the neighborhood.

02:42:02.000 --> 02:42:04.590
Why they're allowing this to go into a residential

02:42:04.590 --> 02:42:05.000
neighborhood

02:42:05.000 --> 02:42:08.000
is because they found this zoning loophole.

02:42:08.000 --> 02:42:11.000
So when he's talking about redoing the laws, specifically,

02:42:11.000 --> 02:42:13.000
let's look at this one zoning.

02:42:13.000 --> 02:42:15.760
When we allowed it to go through, we thought it was one

02:42:15.760 --> 02:42:16.000
thing,

02:42:16.000 --> 02:42:18.000
and now it's double-backed on us.

02:42:18.000 --> 02:42:21.329
These things are fine where they're built out by the

02:42:21.329 --> 02:42:22.000
highways,

02:42:22.000 --> 02:42:24.000
where there's no problem with their friends coming by,

02:42:24.000 --> 02:42:28.000
which would be literally, you know, let's say these kids

02:42:28.000 --> 02:42:30.000
are the most studious kids in the world,

02:42:30.000 --> 02:42:35.000
and they don't have one friend come by four days a week.

02:42:35.000 --> 02:42:37.000
But on those three other days, they'll have friends come by

02:42:37.000 --> 02:42:37.000
,

02:42:37.000 --> 02:42:39.000
and let's say they're the most antisocial,

02:42:39.000 --> 02:42:42.000
and they only have one friend come by those three days.

02:42:42.000 --> 02:42:47.000
And they see their girlfriend one day a week, okay?

02:42:47.000 --> 02:42:52.000
That's 2,500 people driving around these one-block streets

02:42:52.000 --> 02:42:55.649
without parking, and we know it's going to be a lot more

02:42:55.649 --> 02:42:56.000
people

02:42:56.000 --> 02:42:58.000
than that coming to visit.

02:42:58.000 --> 02:43:04.000
So this 150 feet, it's going to be blocks in every area

02:43:04.000 --> 02:43:06.000
where all these people are going to be parking,

02:43:06.000 --> 02:43:08.000
and day and night.

02:43:08.000 --> 02:43:11.000
And right now we have people filling up our parking lots,

02:43:11.000 --> 02:43:14.000
just go down to City Park.

02:43:17.000 --> 02:43:18.000
This is unattainable.

02:43:18.000 --> 02:43:21.000
I don't know how it's ever gotten this far

02:43:21.000 --> 02:43:22.940
that they think they can build this in a residential

02:43:22.940 --> 02:43:24.000
neighborhood.

02:43:24.000 --> 02:43:26.000
I'm not against these being built

02:43:26.000 --> 02:43:30.090
where they're not going to destroy everything on that city

02:43:30.090 --> 02:43:31.000
block.

02:43:31.000 --> 02:43:33.000
Thank you.

02:43:35.000 --> 02:43:37.000
Commissioner Batt.

02:43:37.000 --> 02:43:38.000
Thank you, Chair.

02:43:38.000 --> 02:43:39.000
Thank you, Mr. Clifton.

02:43:39.000 --> 02:43:41.000
I appreciate your presentation.

02:43:41.000 --> 02:43:44.000
You said you were around, and I guess it was 2002

02:43:44.000 --> 02:43:46.000
when they made the zoning change.

02:43:46.000 --> 02:43:47.000
Right.

02:43:47.000 --> 02:43:49.000
We were living once again over their own normal street.

02:43:49.000 --> 02:43:53.270
Were you aware at that time that DCG allowed 100-foot tall

02:43:53.270 --> 02:43:54.000
stories?

02:43:54.000 --> 02:43:57.190
We were told when we asked about this, we called the city

02:43:57.190 --> 02:43:58.000
council.

02:43:58.000 --> 02:44:01.000
They said that they wanted to build a building

02:44:01.000 --> 02:44:04.000
that would be congruent to, like, Flow Hospital,

02:44:04.000 --> 02:44:06.000
three stories, something like that.

02:44:06.000 --> 02:44:09.000
But they said that it wouldn't be a hospital.

02:44:09.000 --> 02:44:11.000
It wouldn't be a day and night thing.

02:44:11.000 --> 02:44:13.000
It would just be, like, for clinics,

02:44:13.000 --> 02:44:16.000
it's next door there now where they used to do lab work,

02:44:16.000 --> 02:44:20.000
and then offices, like doctor's offices and so forth,

02:44:20.000 --> 02:44:23.000
that they didn't have room for over at the hospital.

02:44:23.000 --> 02:44:26.000
So no one conveyed to you, as far as you can remember,

02:44:26.000 --> 02:44:29.000
that other usages here could include?

02:44:29.000 --> 02:44:30.000
No, not at all.

02:44:30.000 --> 02:44:31.000
Okay.

02:44:31.000 --> 02:44:33.000
That's why, you know, we were moving back over normal.

02:44:33.000 --> 02:44:36.000
I mean, we want something done with that property.

02:44:36.000 --> 02:44:39.870
And since 2000, all the apartments have been built there

02:44:39.870 --> 02:44:41.000
are all two stories.

02:44:41.000 --> 02:44:45.450
And at the most, population of extra 50 people on the

02:44:45.450 --> 02:44:46.000
street,

02:44:46.000 --> 02:44:50.000
maybe 75, something like that, in each of these apartments.

02:44:50.000 --> 02:44:52.000
And, you know, we're all for that.

02:44:52.000 --> 02:44:55.610
I mean, nobody wants that vacant rest home or whatever is

02:44:55.610 --> 02:44:57.000
there, you know.

02:44:57.000 --> 02:44:59.000
But it needs to be two stories.

02:44:59.000 --> 02:45:02.500
It needs to be the same population as everyone else on the

02:45:02.500 --> 02:45:03.000
street.

02:45:03.000 --> 02:45:08.329
Because there's not going to be any businesses left on that

02:45:08.329 --> 02:45:09.000
street.

02:45:09.000 --> 02:45:11.000
Nobody's going to want to live there.

02:45:11.000 --> 02:45:13.479
First off, when they built these other apartments here in

02:45:13.479 --> 02:45:15.000
the 21st century,

02:45:15.000 --> 02:45:17.239
we were there, one of them was right behind one of my

02:45:17.239 --> 02:45:18.000
properties.

02:45:18.000 --> 02:45:20.000
It took them two months to do.

02:45:20.000 --> 02:45:23.500
This is going to take two years, two and a half years, they

02:45:23.500 --> 02:45:25.000
first said.

02:45:25.000 --> 02:45:27.409
And then once they came back with even more property

02:45:27.409 --> 02:45:28.000
involved,

02:45:28.000 --> 02:45:30.000
they realized, oh, well, that sounded bad.

02:45:30.000 --> 02:45:33.000
It's only going to take a year and five months now.

02:45:33.000 --> 02:45:35.250
But how real long it takes like that, nobody's going to

02:45:35.250 --> 02:45:36.000
live on there.

02:45:36.000 --> 02:45:38.000
And it's going to be -- the traffic now is pretty bad.

02:45:38.000 --> 02:45:41.860
I'd like everybody to come over to that area, take a look

02:45:41.860 --> 02:45:43.000
where this is going to be.

02:45:43.000 --> 02:45:46.000
See, this is one of the oldest streets in Denton.

02:45:46.000 --> 02:45:50.260
This is Normal Street when North Texas used to be Normal

02:45:50.260 --> 02:45:52.000
Teachers College, okay.

02:45:52.000 --> 02:45:55.000
And this is where all the teachers lived on this street.

02:45:55.000 --> 02:45:58.149
And so this is one of the oldest, you know, apartment and

02:45:58.149 --> 02:46:00.000
residential streets in Denton.

02:46:00.000 --> 02:46:02.590
When he's talking about historical streets, this is that

02:46:02.590 --> 02:46:03.000
area.

02:46:03.000 --> 02:46:06.000
North Texas can build their own housing.

02:46:06.000 --> 02:46:07.000
They don't pay any taxes.

02:46:07.000 --> 02:46:09.000
They can afford it.

02:46:09.000 --> 02:46:10.000
Why?

02:46:10.000 --> 02:46:12.000
Why, we need to pick up that slack.

02:46:12.000 --> 02:46:14.479
When we've been doing it all these years, when we've been

02:46:14.479 --> 02:46:17.000
paying all these taxes to be protected

02:46:17.000 --> 02:46:20.000
from people like this who just drop in and blow us out,

02:46:20.000 --> 02:46:26.010
haven't lived in this city one day, all right, paid taxes

02:46:26.010 --> 02:46:27.000
one day.

02:46:27.000 --> 02:46:30.250
I mean, we lived here all along and we never saw this

02:46:30.250 --> 02:46:31.000
coming.

02:46:31.000 --> 02:46:34.120
No one ever told us, you know, that that would be something

02:46:34.120 --> 02:46:36.000
that could be put in over there.

02:46:36.000 --> 02:46:39.870
You know, they just said that think about Flow Hospital,

02:46:39.870 --> 02:46:43.209
but think about we need spaces for other doctors and

02:46:43.209 --> 02:46:44.000
services.

02:46:44.000 --> 02:46:45.000
We don't have it, Flow.

02:46:45.000 --> 02:46:46.000
Got it.

02:46:46.000 --> 02:46:47.000
Thank you, sir.

02:46:47.000 --> 02:46:57.000
Thank you very much.

02:46:57.000 --> 02:46:57.000
Hi.

02:46:57.000 --> 02:46:59.000
Thanks, y'all, for staying so late.

02:46:59.000 --> 02:47:00.000
I don't know why we're always last.

02:47:00.000 --> 02:47:02.000
Mary Anderson, 924 West Oak.

02:47:02.000 --> 02:47:04.780
I'm beginning to get very familiar with you guys, or at

02:47:04.780 --> 02:47:06.000
least City Council.

02:47:06.000 --> 02:47:12.000
But, you know, I want to protest the notice for this.

02:47:12.000 --> 02:47:13.000
The notice did appear in the paper.

02:47:13.000 --> 02:47:15.239
Thank goodness I read the paper, even the back, because

02:47:15.239 --> 02:47:17.000
there's not much in the paper these days.

02:47:17.000 --> 02:47:19.590
But the notice was planted on normal, so far down on the

02:47:19.590 --> 02:47:22.520
property line that nobody on Scripture, which I drive by

02:47:22.520 --> 02:47:24.000
quite a lot, could see.

02:47:24.000 --> 02:47:28.000
So nobody was going to show up because it wasn't obvious.

02:47:28.000 --> 02:47:30.350
They're rezoning all of it, so why isn't it obvious to me

02:47:30.350 --> 02:47:32.000
that I could see this on the street?

02:47:32.000 --> 02:47:33.000
Bad.

02:47:33.000 --> 02:47:35.000
We really don't need more apartments.

02:47:35.000 --> 02:47:37.000
Certainly not in my neighborhood.

02:47:37.000 --> 02:47:39.000
There are vacant apartments everywhere.

02:47:39.000 --> 02:47:40.000
They just don't advertise them.

02:47:40.000 --> 02:47:42.250
There are -- I drive around at this time of year when the

02:47:42.250 --> 02:47:44.000
students have given up this semester.

02:47:44.000 --> 02:47:45.000
You know, they've gone away.

02:47:45.000 --> 02:47:46.000
I teach.

02:47:46.000 --> 02:47:47.000
They drop classes.

02:47:47.000 --> 02:47:48.000
They leave.

02:47:48.000 --> 02:47:49.000
The moving vans are going.

02:47:49.000 --> 02:47:51.000
There are plenty of empty apartments.

02:47:51.000 --> 02:47:53.000
We just want to see whose pockets get filled first.

02:47:53.000 --> 02:47:55.030
They're going to have somebody take the money and run out

02:47:55.030 --> 02:47:56.000
of state, out of town.

02:47:56.000 --> 02:47:58.000
They're not going to leave the money here.

02:47:58.000 --> 02:48:00.000
They'll employ, you know, a manager.

02:48:00.000 --> 02:48:01.000
That's about it.

02:48:01.000 --> 02:48:04.290
UNT is building apartments, I think, west of here, so there

02:48:04.290 --> 02:48:06.000
's not really any more need.

02:48:06.000 --> 02:48:09.000
And with online learning, there is no mass transit there.

02:48:09.000 --> 02:48:10.000
There is no decent streets.

02:48:10.000 --> 02:48:12.590
Where are we going to get all this infrastructure that we

02:48:12.590 --> 02:48:13.000
need?

02:48:13.000 --> 02:48:14.000
I live downhill.

02:48:14.000 --> 02:48:17.000
I'm going to get flooded, like the lady on Egan said.

02:48:17.000 --> 02:48:20.000
There just isn't any place to park.

02:48:20.000 --> 02:48:21.000
There's no mass transit.

02:48:21.000 --> 02:48:24.000
You know, development is great, just not here.

02:48:24.000 --> 02:48:27.000
We don't need the development in this location.

02:48:27.000 --> 02:48:29.430
And besides, once you get that one approved, they're just

02:48:29.430 --> 02:48:31.000
going to go over and do it again

02:48:31.000 --> 02:48:33.979
because we're going to get EDR back, and they're going to

02:48:33.979 --> 02:48:35.000
want to put another SRO.

02:48:35.000 --> 02:48:37.090
And when these buildings get old and tired, they'll turn

02:48:37.090 --> 02:48:39.000
transient because the trend will go away,

02:48:39.000 --> 02:48:41.000
and families are never going to want to live in SROs.

02:48:41.000 --> 02:48:42.000
That's horrid.

02:48:42.000 --> 02:48:44.559
I wouldn't want my children to live with, you know, serial

02:48:44.559 --> 02:48:46.000
killers next door in the same apartment.

02:48:46.000 --> 02:48:48.000
You never know.

02:48:48.000 --> 02:48:49.809
They're taking the money and running, and there's no

02:48:49.809 --> 02:48:51.000
benefit to the neighborhood.

02:48:51.000 --> 02:48:52.000
Where's the benefit?

02:48:52.000 --> 02:48:54.000
We're going to have to have more services.

02:48:54.000 --> 02:48:56.000
Where's the benefit for us?

02:48:56.000 --> 02:48:58.000
I don't see any benefit.

02:48:58.000 --> 02:49:00.000
It's not respectful of the neighborhood.

02:49:00.000 --> 02:49:02.030
It's just somebody trying to make a quick killing in my

02:49:02.030 --> 02:49:03.000
neighborhood again.

02:49:03.000 --> 02:49:05.590
And the apartments on Oak across from where EDR wants to

02:49:05.590 --> 02:49:06.000
build,

02:49:06.000 --> 02:49:08.000
funny, those apartments are almost all vacant.

02:49:08.000 --> 02:49:10.000
What do you think is happening next?

02:49:10.000 --> 02:49:12.200
A few more carpetbaggers are going to come in on Oak and do

02:49:12.200 --> 02:49:13.000
more of the same thing,

02:49:13.000 --> 02:49:14.000
take the money and run.

02:49:14.000 --> 02:49:16.000
So really keep this in mind.

02:49:16.000 --> 02:49:18.309
The intent is worth the paper it was written on that Mr. Cl

02:49:18.309 --> 02:49:19.000
ifton said.

02:49:19.000 --> 02:49:20.000
There was no paper.

02:49:20.000 --> 02:49:23.000
They promised something, and you know what happens?

02:49:23.000 --> 02:49:24.000
It's worth the paper.

02:49:24.000 --> 02:49:25.000
It was written on nothing.

02:49:25.000 --> 02:49:28.000
So please, you know, show us a little respect.

02:49:28.000 --> 02:49:30.000
We are tired of staying here late, too.

02:49:30.000 --> 02:49:32.559
You know, send a message to the developers, enough is

02:49:32.559 --> 02:49:33.000
enough.

02:49:33.000 --> 02:49:36.129
You know, make it within the neighborhood restrictions, and

02:49:36.129 --> 02:49:37.000
keep it respectful.

02:49:37.000 --> 02:49:41.350
We can't afford all this nasty parking traffic and people

02:49:41.350 --> 02:49:42.000
getting run over.

02:49:42.000 --> 02:49:44.000
You know, it's going to happen.

02:49:44.000 --> 02:49:45.000
Thank you.

02:49:45.000 --> 02:49:46.000
A question for you.

02:49:46.000 --> 02:49:49.340
You made a comment that you didn't think the notice was

02:49:49.340 --> 02:49:50.000
well done,

02:49:50.000 --> 02:49:52.370
and I think the reason maybe the notice wasn't on the

02:49:52.370 --> 02:49:53.000
scriptures

02:49:53.000 --> 02:49:55.000
is because that's already zoned.

02:49:55.000 --> 02:49:57.559
The rezoning is for the property that's farther down on

02:49:57.559 --> 02:49:58.000
normal.

02:49:58.000 --> 02:49:59.799
But they're going to put it together, so is that out of

02:49:59.799 --> 02:50:01.000
replatting, too?

02:50:01.000 --> 02:50:03.790
Well, right now we have a zoning before us, and so it's a

02:50:03.790 --> 02:50:05.000
zoning notice.

02:50:05.000 --> 02:50:07.000
The plat shows all of it.

02:50:07.000 --> 02:50:09.000
Well, you made a statement, and I was trying to help

02:50:09.000 --> 02:50:11.680
and address your question about the notice that you brought

02:50:11.680 --> 02:50:12.000
up.

02:50:12.000 --> 02:50:16.000
And so the notice was posted where the zoning change is not

02:50:16.000 --> 02:50:16.000
on a piece of property

02:50:16.000 --> 02:50:19.000
that is not being rezoned because what's before us tonight

02:50:19.000 --> 02:50:20.000
is rezoning.

02:50:20.000 --> 02:50:23.629
So they have put the notice on the property that's being

02:50:23.629 --> 02:50:25.000
requested to be rezoned.

02:50:25.000 --> 02:50:27.000
As far away from scripture as humanly possible.

02:50:27.000 --> 02:50:28.459
Just letting you know, that's why it wasn't on the

02:50:28.459 --> 02:50:29.000
scriptures.

02:50:29.000 --> 02:50:31.000
I got to be as far away as humanly possible,

02:50:31.000 --> 02:50:33.000
because I drove there just before I came here.

02:50:33.000 --> 02:50:35.000
Because I never saw it, and I drive by all the time.

02:50:35.000 --> 02:50:37.000
Just responding to your point.

02:50:37.000 --> 02:50:39.000
I appreciate that, at least the explanation of why.

02:50:39.000 --> 02:50:41.000
I see now very carefully here, yeah.

02:50:41.000 --> 02:50:43.000
Any other questions?

02:50:43.000 --> 02:50:45.000
Thank you.

02:50:45.000 --> 02:50:47.000
Thank you so much.

02:50:52.000 --> 02:50:54.000
Hi, I'm Patrice Lyke.

02:50:54.000 --> 02:50:56.000
I live in 1109 Egan.

02:50:56.000 --> 02:50:58.639
And the first thing I wanted to do was to address

02:50:58.639 --> 02:51:00.000
Commissioner Beck.

02:51:00.000 --> 02:51:05.329
You asked Mr. Clifton about the 2002 zoning and any public

02:51:05.329 --> 02:51:06.000
hearings,

02:51:06.000 --> 02:51:08.000
and did he know what was going to happen there?

02:51:08.000 --> 02:51:11.010
And I just wanted to say that I've lived on Egan Street for

02:51:11.010 --> 02:51:12.000
20 years.

02:51:12.000 --> 02:51:16.000
And 15 years ago, Denton was a different place.

02:51:16.000 --> 02:51:20.000
And our old neighborhoods were different places.

02:51:20.000 --> 02:51:24.000
Flow Hospital was still intact 15 years ago.

02:51:24.000 --> 02:51:26.000
And it's true, you know, everything.

02:51:26.000 --> 02:51:29.520
If you grew up in Denton, you know that Flow Hospital anch

02:51:29.520 --> 02:51:32.000
ored the neighborhood.

02:51:32.000 --> 02:51:35.549
And that neighborhood scale goods and services and

02:51:35.549 --> 02:51:38.000
facilities grew up around that.

02:51:38.000 --> 02:51:41.709
So that meant that, yes, when the Minton's lived on 1400

02:51:41.709 --> 02:51:43.000
block of Egan Street,

02:51:43.000 --> 02:51:45.590
and they had a tiny strip mall right behind them, it was

02:51:45.590 --> 02:51:47.000
neighborhood scale.

02:51:47.000 --> 02:51:49.770
And you could go up to Mr. New's Pharmacy, get your

02:51:49.770 --> 02:51:53.000
antibiotics, and be home in half a block.

02:51:53.000 --> 02:51:59.000
So 15 years ago, we also did not have SROs in Denton.

02:51:59.000 --> 02:52:02.000
And I bet you if you ask most people on planning and zoning

02:52:02.000 --> 02:52:03.000
or city council,

02:52:03.000 --> 02:52:07.000
they had no idea such a thing even existed.

02:52:07.000 --> 02:52:11.000
So when we call this multifamily, it's really a misnomer,

02:52:11.000 --> 02:52:16.000
because single resident occupancy is not family occupancy,

02:52:16.000 --> 02:52:20.000
which of course means that when these structures are built,

02:52:20.000 --> 02:52:24.000
they're never built to accommodate a family.

02:52:24.000 --> 02:52:27.000
They're only built to be glorified dorms.

02:52:27.000 --> 02:52:31.000
In my opinion, that's really a separate zoning category.

02:52:31.000 --> 02:52:37.260
So you're dealing with a transient population that are just

02:52:37.260 --> 02:52:40.000
simply going to be cycling through multifamily,

02:52:40.000 --> 02:52:44.000
as I said, is misnomer when we're talking about SROs.

02:52:44.000 --> 02:52:48.260
So in terms of our neighborhood being aware 15 years ago of

02:52:48.260 --> 02:52:52.000
what could go in and how that site could be used,

02:52:52.000 --> 02:52:56.459
honestly, no, we had no idea what could be coming our

02:52:56.459 --> 02:52:59.000
direction in 15 years.

02:52:59.000 --> 02:53:02.440
We sat there with flow. We had no idea that SROs even

02:53:02.440 --> 02:53:03.000
existed.

02:53:03.000 --> 02:53:07.149
So no, we were not going to be prepared to be fighting this

02:53:07.149 --> 02:53:09.000
15 years later.

02:53:09.000 --> 02:53:12.000
I'll be back in a couple weeks.

02:53:12.000 --> 02:53:15.200
But just something I'd like to point out, of course, is

02:53:15.200 --> 02:53:18.000
that just like Paul was saying,

02:53:18.000 --> 02:53:22.670
we're really looking at an area that was never meant to be

02:53:22.670 --> 02:53:25.000
university compatible.

02:53:25.000 --> 02:53:29.000
It was meant to be hospital district compatible.

02:53:29.000 --> 02:53:33.000
And UNT is building dormitories.

02:53:33.000 --> 02:53:36.729
The last meeting I was in, UNT said that it's hoping for an

02:53:36.729 --> 02:53:39.000
enrollment of 45,000.

02:53:39.000 --> 02:53:43.000
It has built infrastructure for 40,000,

02:53:43.000 --> 02:53:48.000
and they have no plans to increase the infrastructure.

02:53:48.000 --> 02:53:51.000
They're going for online programming.

02:53:51.000 --> 02:53:54.000
I mean, I don't know how that's going to tie into this.

02:53:54.000 --> 02:53:57.000
But honestly, we're not Denton.

02:53:57.000 --> 02:54:00.200
The city of Denton does not have to provide housing for UNT

02:54:00.200 --> 02:54:01.000
students.

02:54:01.000 --> 02:54:04.000
It's just not our business.

02:54:04.000 --> 02:54:07.020
Another thing I was going to talk about real quickly was

02:54:07.020 --> 02:54:08.000
infrastructure.

02:54:08.000 --> 02:54:13.770
And simply, the roads in that area cannot handle increased

02:54:13.770 --> 02:54:15.000
traffic.

02:54:15.000 --> 02:54:18.000
And those students are going to have to leave that site.

02:54:18.000 --> 02:54:21.260
Because it's only residential, there's going to be no

02:54:21.260 --> 02:54:24.000
commercial currently planned on that site.

02:54:24.000 --> 02:54:26.000
Then you're going to need toilet paper.

02:54:26.000 --> 02:54:29.000
They're going to need eggs.

02:54:29.000 --> 02:54:31.760
They're going to have to get in their cars and be zipping

02:54:31.760 --> 02:54:35.000
around the neighborhood to get these things.

02:54:35.000 --> 02:54:41.459
If you look even at Scripture and how well completed the

02:54:41.459 --> 02:54:43.000
street is,

02:54:43.000 --> 02:54:48.979
when you get to the farthest east, I guess it's on the

02:54:48.979 --> 02:54:50.000
southeast side,

02:54:50.000 --> 02:54:52.000
Scripture isn't even finished out.

02:54:52.000 --> 02:54:54.000
It doesn't have a curb and gutter.

02:54:54.000 --> 02:54:58.000
The pavement just kind of ends.

02:54:58.000 --> 02:55:00.000
And there's a little ditch there.

02:55:00.000 --> 02:55:03.209
So we're talking about adding all these warm bodies, all

02:55:03.209 --> 02:55:04.000
these cars,

02:55:04.000 --> 02:55:08.209
all the drainage to an area that doesn't even have a

02:55:08.209 --> 02:55:10.000
finished street.

02:55:10.000 --> 02:55:13.000
I'll just -- I'll see you again.

02:55:13.000 --> 02:55:18.000
[ Laughter ]

02:55:18.000 --> 02:55:20.000
>> Commissioner Back.

02:55:20.000 --> 02:55:23.000
>> I have a general question, I think for staff mainly.

02:55:23.000 --> 02:55:26.840
I didn't see anything of background information or the

02:55:26.840 --> 02:55:32.000
Africans' narrative about the analysis of road traffic.

02:55:32.000 --> 02:55:35.000
What do we call that?

02:55:35.000 --> 02:55:37.000
Yeah, T-A-R, T-R-A or something.

02:55:37.000 --> 02:55:38.000
>> T-I-A.

02:55:38.000 --> 02:55:39.000
>> T-I-A, thank you.

02:55:39.000 --> 02:55:42.000
I didn't see that in any of the paperwork.

02:55:42.000 --> 02:55:44.000
So have we done that?

02:55:44.000 --> 02:55:48.000
And if not, will we be doing it?

02:55:48.000 --> 02:55:50.000
>> I'm April Erle.

02:55:50.000 --> 02:55:53.000
Engineering has done a preliminary look at some numbers

02:55:53.000 --> 02:55:56.000
that they've provided as far as traffic impact.

02:55:56.000 --> 02:55:57.000
So I'll call Erle up.

02:55:57.000 --> 02:56:05.000
>> Thanks, Julie.

02:56:05.000 --> 02:56:08.600
>> As part of the zoning application, they submitted a

02:56:08.600 --> 02:56:12.000
brief summary of what the traffic impact would be.

02:56:12.000 --> 02:56:15.000
It's really not as detailed as we expect it to be.

02:56:15.000 --> 02:56:17.479
So we're hoping that the applicant can shed a little bit

02:56:17.479 --> 02:56:20.000
more light when they come up and present their case.

02:56:20.000 --> 02:56:22.000
>> Okay.

02:56:22.000 --> 02:56:31.000
Thank you.

02:56:31.000 --> 02:56:33.000
>> Can you get one and we'll put it back up overhead?

02:56:33.000 --> 02:56:42.000
>> I'll put one up here too.

02:56:42.000 --> 02:56:45.170
So I wanted to start out tonight and ask you to think about

02:56:45.170 --> 02:56:48.000
your most favorite place to go vacationing.

02:56:48.000 --> 02:56:50.000
>> Name.

02:56:50.000 --> 02:56:52.000
>> Name and address.

02:56:52.000 --> 02:56:53.000
>> Oh, I'm sorry.

02:56:53.000 --> 02:56:55.000
My name is Randy Hunt.

02:56:55.000 --> 02:56:58.000
I'm at 722 West Oak.

02:56:58.000 --> 02:57:03.000
Randy Hunt, 722 West Oak.

02:57:03.000 --> 02:57:07.000
So I think everybody has got a place it's fun to go to.

02:57:07.000 --> 02:57:12.000
But the reason it's fun is because it's a sense of place.

02:57:12.000 --> 02:57:14.000
And that's a very key word.

02:57:14.000 --> 02:57:17.000
A very important thing for all of us.

02:57:17.000 --> 02:57:22.329
So as I've started asking questions to some of the state

02:57:22.329 --> 02:57:25.459
agencies, they're really supplying us with a lot of

02:57:25.459 --> 02:57:29.000
information about how do you create a sense of place.

02:57:29.000 --> 02:57:32.340
So one of the documents is to the U.S. Conference of Mayors

02:57:32.340 --> 02:57:35.000
, the Mayors Institute of City Design.

02:57:35.000 --> 02:57:37.000
And that's their theme.

02:57:37.000 --> 02:57:39.000
How do you create a sense of place?

02:57:39.000 --> 02:57:42.000
We've got a sense of place.

02:57:42.000 --> 02:57:45.000
And it's cool.

02:57:45.000 --> 02:57:49.000
We have these are the old Sanborn maps.

02:57:49.000 --> 02:57:52.000
And I'll bring it back for next time.

02:57:52.000 --> 02:57:55.000
But, you know, this is what the city looked like.

02:57:55.000 --> 02:57:57.000
These are basically our city limits.

02:57:57.000 --> 02:58:01.000
This is in 1907, 100 years ago.

02:58:01.000 --> 02:58:03.000
Here it is in 1912.

02:58:03.000 --> 02:58:07.000
And these go like every five to seven years.

02:58:07.000 --> 02:58:10.870
But what you're seeing is that it starts to develop because

02:58:10.870 --> 02:58:15.110
this is when Texas Normal College got pushed down off the

02:58:15.110 --> 02:58:16.000
square.

02:58:16.000 --> 02:58:19.000
And it got there because then citizens put it there.

02:58:19.000 --> 02:58:22.000
They bought the land and convinced everyone.

02:58:22.000 --> 02:58:25.000
The important thing about the map that I was giving you,

02:58:25.000 --> 02:58:28.850
this comes from a survey done by the Texas Historic

02:58:28.850 --> 02:58:30.000
Commission.

02:58:30.000 --> 02:58:33.790
What they're doing is giving us the breadcrumbs for us to

02:58:33.790 --> 02:58:38.059
go follow because if we want to create tourism, like

02:58:38.059 --> 02:58:41.450
cultural tourism, which is the big theme now, we need

02:58:41.450 --> 02:58:43.000
historic districts.

02:58:43.000 --> 02:58:47.540
And we've just created a National Register District that

02:58:47.540 --> 02:58:52.000
will be listed in the National Park Service Historic,

02:58:52.000 --> 02:58:54.000
National Register of Historic Places.

02:58:54.000 --> 02:58:58.000
We're in step five of six.

02:58:58.000 --> 02:59:01.500
So it's not quite done yet, but all the approvals from the

02:59:01.500 --> 02:59:04.000
Texas Historic Commission are done.

02:59:04.000 --> 02:59:09.000
So on this map, I don't know how to illustrate it.

02:59:09.000 --> 02:59:11.000
I guess I'll just point to it here.

02:59:11.000 --> 02:59:16.040
This whole area was what THC recommended to be a National

02:59:16.040 --> 02:59:18.000
Register District.

02:59:18.000 --> 02:59:21.989
They also recommended this area to be a National Register

02:59:21.989 --> 02:59:23.000
District.

02:59:23.000 --> 02:59:28.000
So we're talking to them now that we've got our part done,

02:59:28.000 --> 02:59:31.000
which is about 350 homes.

02:59:31.000 --> 02:59:33.000
How do we go do this?

02:59:33.000 --> 02:59:38.700
And they're saying, get busy, because you've got properties

02:59:38.700 --> 02:59:42.000
over here that are worth saving.

02:59:42.000 --> 02:59:44.000
So that's the theme.

02:59:44.000 --> 02:59:48.520
What we need to do is to replicate what we've done in the

02:59:48.520 --> 02:59:53.559
dark green area, over here in the light green area, and a

02:59:53.559 --> 03:00:00.000
five-story building does not create a sense of place.

03:00:00.000 --> 03:00:03.760
If you want a reference to that, think about how the

03:00:03.760 --> 03:00:06.000
downtown square used to look.

03:00:06.000 --> 03:00:10.540
Because you ever thought about why is there like a 10-story

03:00:10.540 --> 03:00:14.000
building down there that sells Wells Fargo?

03:00:14.000 --> 03:00:17.000
Do you know there actually was a bank there?

03:00:17.000 --> 03:00:20.000
But it wasn't 10 stories.

03:00:20.000 --> 03:00:23.000
That created a sense of place.

03:00:23.000 --> 03:00:27.329
And to get the National Register for the square, man, they

03:00:27.329 --> 03:00:30.579
had to get very creative, because you have to have at least

03:00:30.579 --> 03:00:34.000
50% contributing properties there.

03:00:34.000 --> 03:00:37.000
They've got it, but it's just the square.

03:00:37.000 --> 03:00:40.000
Our area is 350 homes.

03:00:40.000 --> 03:00:44.000
We can include another 250 in this area.

03:00:44.000 --> 03:00:46.000
All we need is the time.

03:00:46.000 --> 03:00:52.000
And all we need is the collaboration.

03:00:52.000 --> 03:00:53.000
Commissioner Back.

03:00:53.000 --> 03:00:54.000
Thank you, Chair.

03:00:54.000 --> 03:00:58.389
When was the last time you all actually interacted with the

03:00:58.389 --> 03:01:03.000
Texas Historic Agency to try and establish this district?

03:01:03.000 --> 03:01:07.000
Well, it's been consistent for the last year and a half.

03:01:07.000 --> 03:01:08.000
Okay.

03:01:08.000 --> 03:01:09.000
So it's been recent.

03:01:09.000 --> 03:01:10.000
Oh, yeah.

03:01:10.000 --> 03:01:11.000
Okay.

03:01:11.000 --> 03:01:12.000
Yeah.

03:01:12.000 --> 03:01:15.469
I didn't get the final approval that the staff had done

03:01:15.469 --> 03:01:19.000
their final recommendations until two weeks ago.

03:01:19.000 --> 03:01:20.000
Okay.

03:01:20.000 --> 03:01:25.979
Has anybody in your area considered overlay districts for

03:01:25.979 --> 03:01:28.000
areas like this?

03:01:28.000 --> 03:01:29.000
Well, if anything.

03:01:29.000 --> 03:01:32.440
We've got a couple already in that general area, so is

03:01:32.440 --> 03:01:36.200
there any further consideration given towards an overlay

03:01:36.200 --> 03:01:38.000
district for this area?

03:01:38.000 --> 03:01:39.000
Absolutely.

03:01:39.000 --> 03:01:41.879
And there's some things that had never been considered in

03:01:41.879 --> 03:01:44.000
Denton before that we need to consider.

03:01:44.000 --> 03:01:45.000
Okay.

03:01:45.000 --> 03:01:46.000
Okay.

03:01:46.000 --> 03:01:52.000
Thanks, Randy.

03:01:52.000 --> 03:01:53.000
Thank you all for staying here.

03:01:53.000 --> 03:01:57.000
I'm Jacqueline Ferge, and I'm also at 1401 Eagan.

03:01:57.000 --> 03:02:00.149
I'm Michelle Lynn's tenant, and I'm glad to be her tenant

03:02:00.149 --> 03:02:02.860
because what she said tonight, I would definitely replicate

03:02:02.860 --> 03:02:03.000
.

03:02:03.000 --> 03:02:07.000
I'm in favor of safe biking roads for her son.

03:02:07.000 --> 03:02:09.690
I don't know how he makes it to howdy-doodie because I have

03:02:09.690 --> 03:02:12.850
to stand at the corner of Scripture for five, 10 minutes

03:02:12.850 --> 03:02:15.000
every morning just trying to cross.

03:02:15.000 --> 03:02:17.000
I don't want Scripture to turn into Carroll.

03:02:17.000 --> 03:02:19.000
It's why I live there.

03:02:19.000 --> 03:02:22.780
It's why I left the square so I could walk to work, UNT, on

03:02:22.780 --> 03:02:25.000
a safe, quiet neighborhood.

03:02:25.000 --> 03:02:27.809
I don't want there to be any more beds than there are

03:02:27.809 --> 03:02:31.340
parking places, and whatever you all allow in there, I want

03:02:31.340 --> 03:02:34.000
absolutely neighborhood compatibility.

03:02:34.000 --> 03:02:37.870
And, you know, frankly, my biggest dream is that no would

03:02:37.870 --> 03:02:39.000
mean no.

03:02:39.000 --> 03:02:42.329
You know, we are here, I think, not because this gentleman,

03:02:42.329 --> 03:02:46.059
you know, wants to use the property values of this historic

03:02:46.059 --> 03:02:49.000
neighborhood to enrich his own enterprise,

03:02:49.000 --> 03:02:51.829
but because you all keep leaving the back door open for

03:02:51.829 --> 03:02:54.950
everybody who wants to come along and say, how about this,

03:02:54.950 --> 03:02:56.000
how about that?

03:02:56.000 --> 03:02:59.829
You know we are a committed, organized, historic-minded

03:02:59.829 --> 03:03:03.750
neighborhood, and it would be just so great if we could all

03:03:03.750 --> 03:03:08.700
just kind of stay there and hear what we're saying and let

03:03:08.700 --> 03:03:11.000
this be the character of this neighborhood.

03:03:11.000 --> 03:03:14.000
For now, for good.

03:03:14.000 --> 03:03:16.000
That would be so appreciated.

03:03:16.000 --> 03:03:24.000
Thank you all very much.

03:03:24.000 --> 03:03:26.000
Again, this is a public hearing.

03:03:26.000 --> 03:03:29.510
Anyone who would like to speak, please come forward at this

03:03:29.510 --> 03:03:30.000
time.

03:03:30.000 --> 03:03:32.000
Hi, it's Kim McKibbin.

03:03:32.000 --> 03:03:38.000
I own property at 1306 West Hickory Street here in Denton.

03:03:38.000 --> 03:03:41.870
And I am here, I was here at the earlier meeting as well,

03:03:41.870 --> 03:03:45.000
because I'm curious about what's going on in Denton.

03:03:45.000 --> 03:03:49.000
I have started to read the 2030 plan.

03:03:49.000 --> 03:03:50.000
I've looked at a lot of the maps.

03:03:50.000 --> 03:03:52.000
It is quite detailed.

03:03:52.000 --> 03:03:58.239
And it was brought up earlier is that the community, the

03:03:58.239 --> 03:04:02.079
university compatibility area shouldn't be moving back

03:04:02.079 --> 03:04:07.000
towards the university with that height, but away from it.

03:04:07.000 --> 03:04:10.000
Now, I worked at Flow Hospital.

03:04:10.000 --> 03:04:12.829
I was one of the last ones out of the building when they

03:04:12.829 --> 03:04:14.000
closed the doors.

03:04:14.000 --> 03:04:17.229
Flow was never supposed to turn into any kind of student

03:04:17.229 --> 03:04:18.000
housing.

03:04:18.000 --> 03:04:22.000
That was not what the intent was when it was sold.

03:04:22.000 --> 03:04:25.950
So I have a little bit of history in this area because I

03:04:25.950 --> 03:04:30.000
worked there on all three floors of Flow Hospital.

03:04:30.000 --> 03:04:35.329
And I am very concerned about the request to rezone without

03:04:35.329 --> 03:04:40.000
any commitment to what's going to be done with that.

03:04:40.000 --> 03:04:42.000
There is a compromise in there somewhere.

03:04:42.000 --> 03:04:45.610
You don't have to build a 10-story building and you don't

03:04:45.610 --> 03:04:48.000
have to build a 2-story building.

03:04:48.000 --> 03:04:51.000
There are structures that would fit.

03:04:51.000 --> 03:04:55.459
However, the greed of the developers keeps that from

03:04:55.459 --> 03:04:58.000
happening in a lot of cases.

03:04:58.000 --> 03:05:02.229
The historical buildings you're going to have, you know, I

03:05:02.229 --> 03:05:06.000
don't know what you're going to do about the trees.

03:05:06.000 --> 03:05:07.270
How are they going to put those things there and not

03:05:07.270 --> 03:05:08.000
mitigate these trees?

03:05:08.000 --> 03:05:10.590
You guys were working on your tree ordinance not too long

03:05:10.590 --> 03:05:11.000
ago.

03:05:11.000 --> 03:05:13.000
I am concerned about the traffic.

03:05:13.000 --> 03:05:16.000
My business is downhill from there.

03:05:16.000 --> 03:05:20.000
So there's going to be a lot of things happening there.

03:05:20.000 --> 03:05:23.280
And yes, whatever they put there, they need to have one-to-

03:05:23.280 --> 03:05:25.329
one parking and they're going to have to do a lot of work on

03:05:25.329 --> 03:05:26.000
the infrastructure.

03:05:26.000 --> 03:05:31.000
I am personally very much opposed to single room occupancy.

03:05:31.000 --> 03:05:36.000
That leaves it only to students where there could be

03:05:36.000 --> 03:05:38.000
studios built here.

03:05:38.000 --> 03:05:41.000
There could be one-to-two-bedroom apartments built here,

03:05:41.000 --> 03:05:43.489
which would not only serve the students, but also serve the

03:05:43.489 --> 03:05:45.000
rest of Denton.

03:05:45.000 --> 03:05:47.000
We have people moving into the areas.

03:05:47.000 --> 03:05:49.000
Yes, we need housing for them.

03:05:49.000 --> 03:05:51.780
I want to move to a place in Denton that I can't find a

03:05:51.780 --> 03:05:53.000
house right now.

03:05:53.000 --> 03:05:55.000
So I have sympathy with that.

03:05:55.000 --> 03:05:58.629
But as someone else said, it's not the city's

03:05:58.629 --> 03:06:03.629
responsibility to provide dormitories for the University of

03:06:03.629 --> 03:06:05.000
North Texas.

03:06:05.000 --> 03:06:11.100
Seeing as there are currently 9,384 of them in Denton

03:06:11.100 --> 03:06:15.000
spread out between 26 complexes.

03:06:15.000 --> 03:06:18.670
Now, that was the number from an article I found in

03:06:18.670 --> 03:06:21.000
November of 2016.

03:06:21.000 --> 03:06:26.000
How many do we really need in Denton?

03:06:26.000 --> 03:06:29.610
And as these cannot be used for anything else in the

03:06:29.610 --> 03:06:33.430
population of the University, if it goes online, it's going

03:06:33.430 --> 03:06:34.000
to go down.

03:06:34.000 --> 03:06:38.000
Just really be very careful what you do.

03:06:38.000 --> 03:06:42.430
I know you guys will, and I know you're stuck with just the

03:06:42.430 --> 03:06:45.000
rezoning stuff at this point.

03:06:45.000 --> 03:06:48.000
But then after you rezone it, what happens?

03:06:48.000 --> 03:06:50.000
Do they ask for a little bit more?

03:06:50.000 --> 03:06:54.590
I don't believe an overlay is a solution because they

03:06:54.590 --> 03:06:58.059
walked right in and asked for a variance to the overlay

03:06:58.059 --> 03:07:02.000
down on Hickory Street.

03:07:02.000 --> 03:07:06.000
And that didn't stop them at all.

03:07:06.000 --> 03:07:11.370
So please be aware we need housing, we need spaces, people

03:07:11.370 --> 03:07:13.000
need parking.

03:07:13.000 --> 03:07:16.000
It is in a food desert. Someone said something about that.

03:07:16.000 --> 03:07:19.889
There's no place to even buy a head of lettuce anywhere

03:07:19.889 --> 03:07:21.000
down there.

03:07:21.000 --> 03:07:24.100
Please, as you move forward with this rezoning and with

03:07:24.100 --> 03:07:27.229
what you allow to be built there, because I'm pretty sure

03:07:27.229 --> 03:07:29.000
something will be built there.

03:07:29.000 --> 03:07:31.000
What do we need?

03:07:31.000 --> 03:07:33.000
What will we need 20 years from now?

03:07:33.000 --> 03:07:36.000
And what will we need 25, 30 years from now?

03:07:36.000 --> 03:07:38.000
I intend to retire in Denton.

03:07:38.000 --> 03:07:43.000
And hopefully I'll find a place to live.

03:07:43.000 --> 03:07:44.000
Thank you.

03:07:44.000 --> 03:07:45.000
A question for you.

03:07:45.000 --> 03:07:46.000
Yes, sir.

03:07:46.000 --> 03:07:49.000
I was encouraged to hear you say the word compromise.

03:07:49.000 --> 03:07:53.000
And I think that may be a missing piece.

03:07:53.000 --> 03:07:56.200
Do you have some ideas of what compromise for you is on

03:07:56.200 --> 03:07:58.000
this particular parcel?

03:07:58.000 --> 03:08:02.000
Well, if you start to look at the height is a major issue.

03:08:02.000 --> 03:08:04.000
And it truly is.

03:08:04.000 --> 03:08:06.899
A compromise here, which I think maybe some of the people

03:08:06.899 --> 03:08:10.000
in the neighborhood might like to see, is something lower.

03:08:10.000 --> 03:08:13.000
Some not SROs.

03:08:13.000 --> 03:08:16.260
If you could have studio apartments, if you could have one

03:08:16.260 --> 03:08:19.469
and two bedroom apartments that kept some of the walk

03:08:19.469 --> 03:08:24.000
ability to the area, our faculty and staff would also at UNT

03:08:24.000 --> 03:08:26.000
would also have a place to live.

03:08:26.000 --> 03:08:29.709
So I think that if you could compromise somehow and get the

03:08:29.709 --> 03:08:33.190
developer to talk to the people, I know even when they

03:08:33.190 --> 03:08:36.389
built the youth center down there on Fry Street, they

03:08:36.389 --> 03:08:40.159
worked with the neighborhood adjoining them to what the

03:08:40.159 --> 03:08:43.159
structure looked like, to what it would be made out of, to

03:08:43.159 --> 03:08:45.889
what the feel would be, to how far the setbacks would be

03:08:45.889 --> 03:08:48.000
and what plants would be there.

03:08:48.000 --> 03:08:52.000
So their development is inevitable.

03:08:52.000 --> 03:08:54.000
But there needs to be a compromise.

03:08:54.000 --> 03:08:58.680
And it can't all always be about the end profit for the

03:08:58.680 --> 03:09:00.000
developer.

03:09:00.000 --> 03:09:04.350
A lot of times it truly needs to be about the environment

03:09:04.350 --> 03:09:09.000
and the safety of the people and the citizens of Denton.

03:09:09.000 --> 03:09:11.000
And I'm talking longtime citizens.

03:09:11.000 --> 03:09:14.000
I know we survive off the students and all of that.

03:09:14.000 --> 03:09:17.610
But so long as I've been here for a while and we came here

03:09:17.610 --> 03:09:20.000
as students and we stayed here.

03:09:20.000 --> 03:09:22.000
And I think that there's going to be more people like that.

03:09:22.000 --> 03:09:26.000
Denton is one of the top places to retire to now.

03:09:26.000 --> 03:09:28.000
Where are you going to put us?

03:09:28.000 --> 03:09:31.729
Are any of these apartments going to be handicap accessible

03:09:31.729 --> 03:09:32.000
?

03:09:32.000 --> 03:09:34.000
What are you going to do with us?

03:09:34.000 --> 03:09:39.000
So I think that Denton's at a tipping point.

03:09:39.000 --> 03:09:44.000
I think that we might need to look at SROs.

03:09:44.000 --> 03:09:45.000
How many do we need?

03:09:45.000 --> 03:09:48.360
Does it require a special use permit to put those things in

03:09:48.360 --> 03:09:49.000
there?

03:09:49.000 --> 03:09:50.000
What's the parking going to be?

03:09:50.000 --> 03:09:53.629
There's certainly not single family dwellings or multiple

03:09:53.629 --> 03:09:55.000
family dwellings.

03:09:55.000 --> 03:09:59.000
They are a creature of their own making.

03:09:59.000 --> 03:10:04.000
And each bedroom costs $650, $700, minimal.

03:10:04.000 --> 03:10:07.000
For those is a whole lot of money.

03:10:07.000 --> 03:10:10.000
But we built new apartments down around the rail station,

03:10:10.000 --> 03:10:13.000
which are not SROs.

03:10:13.000 --> 03:10:14.000
I don't particularly like the way they look.

03:10:14.000 --> 03:10:15.000
They look like Denver.

03:10:15.000 --> 03:10:21.260
But they gave other people, other than students, places to

03:10:21.260 --> 03:10:22.000
live in Denton.

03:10:22.000 --> 03:10:24.000
I love this neighborhood up there.

03:10:24.000 --> 03:10:27.000
I used to sit out around Flo before they tore all the trees

03:10:27.000 --> 03:10:28.000
and everything down.

03:10:28.000 --> 03:10:30.000
Worked on the psych units up there.

03:10:30.000 --> 03:10:32.000
And that was part of the thing.

03:10:32.000 --> 03:10:34.760
You could, from the third floor psych unit, you could see

03:10:34.760 --> 03:10:36.000
the whole downtown.

03:10:36.000 --> 03:10:38.000
Unfortunately, there was a 10-story building there.

03:10:38.000 --> 03:10:43.840
If they put a really tall building there, you will be able

03:10:43.840 --> 03:10:46.000
to see it from 35.

03:10:46.000 --> 03:10:49.000
Because it is on top of that hill.

03:10:49.000 --> 03:10:52.100
So you're sitting something on top of the hill that's going

03:10:52.100 --> 03:10:53.000
to cover a lot of ground.

03:10:53.000 --> 03:10:55.000
You've got drainage issues.

03:10:55.000 --> 03:10:57.000
You've got how you're going to pump water to it.

03:10:57.000 --> 03:11:01.000
Very carefully consider what you're doing.

03:11:01.000 --> 03:11:02.000
Thank you very much.

03:11:02.000 --> 03:11:08.000
Again, this is a public hearing.

03:11:08.000 --> 03:11:15.760
Anyone who would like to speak on this item tonight, please

03:11:15.760 --> 03:11:18.000
come forward.

03:11:18.000 --> 03:11:19.000
Hello. Brian Morrison.

03:11:19.000 --> 03:11:21.000
I'm at 305 Mounts Avenue.

03:11:21.000 --> 03:11:24.000
That's in the Oak History Historic District.

03:11:24.000 --> 03:11:27.000
I was going to make a lot of other comments tonight.

03:11:27.000 --> 03:11:30.420
But in light of what she had just said, I think a

03:11:30.420 --> 03:11:34.000
compromise would be something that fits the area,

03:11:34.000 --> 03:11:38.780
fits the lot as far as size, density, traffic, parking, all

03:11:38.780 --> 03:11:40.000
those things.

03:11:40.000 --> 03:11:43.000
We're already feeling the overflow.

03:11:43.000 --> 03:11:46.000
And I'm a good distance from UNT.

03:11:46.000 --> 03:11:49.319
We're already feeling the overflow from Denton's parking

03:11:49.319 --> 03:11:50.000
issues.

03:11:50.000 --> 03:11:52.819
They keep taking away parking lots and building parking gar

03:11:52.819 --> 03:11:56.000
ages that the students can't afford to park in.

03:11:56.000 --> 03:11:59.020
And so they're all flowing out into the neighborhoods and

03:11:59.020 --> 03:12:00.000
on the streets.

03:12:00.000 --> 03:12:03.219
In the streets around me, they're just lined up bumper to

03:12:03.219 --> 03:12:05.000
bumper every day, all day.

03:12:05.000 --> 03:12:07.780
So getting in and out of the neighborhood is very difficult

03:12:07.780 --> 03:12:08.000
.

03:12:08.000 --> 03:12:12.159
So as far as compromise goes for this property and those in

03:12:12.159 --> 03:12:15.000
the area, I think what goes in --

03:12:15.000 --> 03:12:18.000
I know it's going to be redeveloped, but what goes in

03:12:18.000 --> 03:12:23.000
should definitely fit the area of the site as far as size,

03:12:23.000 --> 03:12:23.000
density,

03:12:23.000 --> 03:12:27.600
and of course, the appearance, the compatibility with the

03:12:27.600 --> 03:12:29.000
historic area.

03:12:29.000 --> 03:12:38.000
Okay. Thank you.

03:12:38.000 --> 03:12:39.000
Again, this is a public hearing.

03:12:39.000 --> 03:12:46.280
Anyone else who would like to speak on this item tonight at

03:12:46.280 --> 03:12:48.000
this time?

03:12:48.000 --> 03:12:52.000
Seeing none, we are not closing the public hearing.

03:12:52.000 --> 03:12:55.000
Since we are continuing it.

03:12:55.000 --> 03:13:00.000
I'm glad you did that so I could learn from you.

03:13:00.000 --> 03:13:06.500
So with that, again, this item has been continued to March

03:13:06.500 --> 03:13:08.000
the 8th.

03:13:08.000 --> 03:13:10.000
So please, everyone, come back.

03:13:10.000 --> 03:13:13.059
You'll have an opportunity to speak again to hopefully the

03:13:13.059 --> 03:13:14.000
full commission.

03:13:14.000 --> 03:13:17.760
And thank you all for coming this evening and appreciate

03:13:17.760 --> 03:13:19.000
your comments.

03:13:19.000 --> 03:13:22.000
I'm sorry.

03:13:22.000 --> 03:13:24.000
Before we move on, commissioner Beck.

03:13:24.000 --> 03:13:25.000
Thank you, chair.

03:13:25.000 --> 03:13:27.100
And I appreciate everyone of you all coming out and

03:13:27.100 --> 03:13:28.000
speaking to this.

03:13:28.000 --> 03:13:30.200
I know it's been tough on you over the months and

03:13:30.200 --> 03:13:31.000
everything.

03:13:31.000 --> 03:13:32.000
We appreciate it.

03:13:32.000 --> 03:13:35.000
I would just like to make one comment.

03:13:35.000 --> 03:13:38.000
I suspect Mr. Allison got an earful tonight.

03:13:38.000 --> 03:13:41.000
And I'm sure he'll take them into consideration.

03:13:41.000 --> 03:13:43.000
And I hope you do address them.

03:13:43.000 --> 03:13:45.000
I would like you to consider one thing, too.

03:13:45.000 --> 03:13:48.000
It's kind of troubled me, Lee.

03:13:48.000 --> 03:13:53.000
It's just it's been frustrating to see any developer come

03:13:53.000 --> 03:13:55.000
in to the north side of UNT campus

03:13:55.000 --> 03:13:59.000
and want to build these tall high-rise buildings.

03:13:59.000 --> 03:14:02.000
There are so many areas around the campus we do it.

03:14:02.000 --> 03:14:05.000
And I wouldn't have a problem anywhere else approving this.

03:14:05.000 --> 03:14:06.000
I like the design.

03:14:06.000 --> 03:14:08.000
I like a lot of what you do.

03:14:08.000 --> 03:14:10.000
We need this kind of density.

03:14:10.000 --> 03:14:14.000
But some areas are just off limits, in my opinion.

03:14:14.000 --> 03:14:15.000
And this is one of them.

03:14:15.000 --> 03:14:20.000
I would just wish that you would take your great product

03:14:20.000 --> 03:14:23.000
and find another location around the campus for it.

03:14:23.000 --> 03:14:25.000
So just consider that if you would.

03:14:25.000 --> 03:14:28.000
Thank you.

03:14:28.000 --> 03:14:30.000
Again, thank you all for coming out this evening.

03:14:30.000 --> 03:14:35.000
I hope to see you all back in a couple of weeks.

03:14:35.000 --> 03:14:39.879
Moving on on our agenda, both items D and E as we announced

03:14:39.879 --> 03:14:44.000
at the beginning of our meeting,

03:14:44.000 --> 03:14:47.000
both of those items have been withdrawn.

03:14:47.000 --> 03:14:52.329
And so that will move us this evening to our item number

03:14:52.329 --> 03:14:53.000
five,

03:14:53.000 --> 03:14:58.899
which is going to be our project matrix and concluding

03:14:58.899 --> 03:15:00.000
items.

03:15:00.000 --> 03:15:02.000
Commissioner Ellis.

03:15:02.000 --> 03:15:03.000
Thank you, Chair.

03:15:03.000 --> 03:15:06.190
First, I want to say thank you, staff, for doing the zoning

03:15:06.190 --> 03:15:08.000
comparison chart so quick.

03:15:08.000 --> 03:15:11.000
I noticed that was all included in our backup stuff.

03:15:11.000 --> 03:15:12.000
And it's so helpful.

03:15:12.000 --> 03:15:14.000
So thank you.

03:15:14.000 --> 03:15:15.000
Thank you on that.

03:15:15.000 --> 03:15:18.149
Next, could I request, if possible, can we get some of

03:15:18.149 --> 03:15:22.000
these comments before the start of the work session?

03:15:22.000 --> 03:15:26.000
Is that possible at all?

03:15:26.000 --> 03:15:29.000
Commissioner Ellis, which comments are you referring to?

03:15:29.000 --> 03:15:30.000
I'm sorry.

03:15:30.000 --> 03:15:31.000
I should have clarified.

03:15:31.000 --> 03:15:34.059
When we have public hearings and we have so many comments

03:15:34.059 --> 03:15:35.000
as we did today,

03:15:35.000 --> 03:15:37.959
it's difficult to go through them in detail when we get

03:15:37.959 --> 03:15:40.000
them at the start of work session.

03:15:40.000 --> 03:15:43.510
I don't know if that can be -- I don't know when they come

03:15:43.510 --> 03:15:44.000
to you,

03:15:44.000 --> 03:15:47.000
so I don't know if this can be remedied.

03:15:47.000 --> 03:15:49.000
I think it can.

03:15:49.000 --> 03:15:52.000
And I also think it cannot, so bear with me.

03:15:52.000 --> 03:15:57.000
In instances where we do receive a number of comments,

03:15:57.000 --> 03:15:59.290
we try and amass them together at the same time and make

03:15:59.290 --> 03:16:01.000
sure that they're presented at the meeting.

03:16:01.000 --> 03:16:07.100
But in instances where these came in, they flowed in, it

03:16:07.100 --> 03:16:09.000
wasn't amass mailing that came in to us.

03:16:09.000 --> 03:16:12.000
But in instances where we receive a few bulk,

03:16:12.000 --> 03:16:14.819
we'll make sure that we provide whatever we can via email

03:16:14.819 --> 03:16:17.000
to the Planning and Zoning Commission.

03:16:17.000 --> 03:16:18.000
Okay, thanks.

03:16:18.000 --> 03:16:21.440
But it would be at the time of posting of the agenda as

03:16:21.440 --> 03:16:22.000
well.

03:16:22.000 --> 03:16:24.000
Right, and I guess that's what I mean.

03:16:24.000 --> 03:16:27.309
If we do have a stack at that point, maybe they could be

03:16:27.309 --> 03:16:29.000
included, and that's at least a head start.

03:16:29.000 --> 03:16:32.000
We'll make an effort to try and get that to you.

03:16:32.000 --> 03:16:38.000
Thank you.

03:16:38.000 --> 03:16:42.000
Anyone else?

03:16:42.000 --> 03:16:45.000
No?

03:16:45.000 --> 03:16:49.000
Okay, at 9.08, I'm going to close our meeting this evening.

03:16:49.000 --> 03:16:51.000
Thank you, everyone.
