1
00:00:00,000 --> 00:00:02,000
.

2
00:00:31,000 --> 00:00:32,000
,

3
00:01:01,000 --> 00:01:02,000
,

4
00:01:31,000 --> 00:01:31,000
Good evening and welcome to the city of Denton planning and

5
00:01:31,000 --> 00:01:34,879
zoning commission

6
00:01:34,879 --> 00:01:34,879
work session meeting for June the 14th. It is 530 and this

7
00:01:34,879 --> 00:01:42,599
meeting has been duly

8
00:01:42,599 --> 00:01:42,599
posted and we have a quorum present and I will call us to

9
00:01:42,599 --> 00:01:47,159
order at this time. Our

10
00:01:47,159 --> 00:01:47,159
first order of business will be to receive a clarification

11
00:01:47,159 --> 00:01:50,879
of agenda items

12
00:01:50,879 --> 00:01:50,879
this evening and I will turn that over to Manal for

13
00:01:50,879 --> 00:01:55,400
presentation. Thank You

14
00:01:55,400 --> 00:01:55,400
Chairperson Strange. If there are any questions associated

15
00:01:55,400 --> 00:01:59,439
with the minutes or

16
00:01:59,439 --> 00:02:02,209
any corrections that staff needs to make we'll be willing

17
00:02:02,209 --> 00:02:03,239
to take input at this

18
00:02:03,239 --> 00:02:08,000
time. Seeing none we can move on to the consent agenda item

19
00:02:08,000 --> 00:02:08,759
. We have a final

20
00:02:08,759 --> 00:02:28,620
plat for Country Lakes West and Julie Wyatt will present

21
00:02:28,620 --> 00:02:35,280
that for us. We saw

22
00:02:35,280 --> 00:02:38,020
this preliminary plat a couple of meetings ago so this is

23
00:02:38,020 --> 00:02:38,800
just the final

24
00:02:38,800 --> 00:02:42,159
plat for the Country Lakes West third phase. This is the

25
00:02:42,159 --> 00:02:43,240
last phase of this

26
00:02:43,240 --> 00:02:47,330
subdivision and I'll stand for any questions. Commissioner

27
00:02:47,330 --> 00:02:48,919
Ellis. Thank You

28
00:02:48,919 --> 00:02:52,650
Chair. Julie just a quick question as I was reading through

29
00:02:52,650 --> 00:02:54,520
this. I noticed all

30
00:02:54,520 --> 00:02:59,620
the X lots are noted in in the notes except 18 X is not in

31
00:02:59,620 --> 00:03:01,439
the notes. Is it

32
00:03:01,439 --> 00:03:06,539
supposed to be in line five perhaps? Or at least I couldn't

33
00:03:06,539 --> 00:03:08,360
find it with my eyes.

34
00:03:08,360 --> 00:03:15,400
So is it okay you know I I had to go through these with a

35
00:03:15,400 --> 00:03:16,360
highlighter as well

36
00:03:16,360 --> 00:03:21,990
so 18 X in the drawing. Yes it's between 17 and what is

37
00:03:21,990 --> 00:03:24,719
that 80 something. So I'm

38
00:03:24,719 --> 00:03:27,840
sorry you're asking. Well I don't see it in the notes as

39
00:03:27,840 --> 00:03:30,639
the other X lots so I

40
00:03:30,639 --> 00:03:33,250
don't know if it needs to be in the notes but that's that's

41
00:03:33,250 --> 00:03:34,879
just what I'm. You're

42
00:03:34,879 --> 00:03:36,990
right it does it's in the title block but you're right it

43
00:03:36,990 --> 00:03:37,680
should be in the

44
00:03:37,680 --> 00:03:41,770
notes and I'll I'll let the applicant know and make sure to

45
00:03:41,770 --> 00:03:42,639
correct that before

46
00:03:42,639 --> 00:03:46,479
it's recorded so thank you. Thank you.

47
00:03:50,840 --> 00:03:57,280
Any other questions on this item? Thank You Julie. All

48
00:03:57,280 --> 00:03:59,719
right thanks.

49
00:04:00,639 --> 00:04:05,060
The next item is a final plot for Hickory Creek detention

50
00:04:05,060 --> 00:04:07,960
addition. Is the

51
00:04:07,960 --> 00:04:10,479
planner on this one? Does the Commission have any questions

52
00:04:10,479 --> 00:04:13,280
regarding this plot?

53
00:04:18,199 --> 00:04:22,480
I have a question on it. Okay.

54
00:04:30,920 --> 00:04:31,110
While you're pulling it up I'll go ahead and ask my

55
00:04:31,110 --> 00:04:36,240
question. Is this in regards

56
00:04:36,240 --> 00:04:39,850
to I want to say it's been several years ago for some sewer

57
00:04:39,850 --> 00:04:41,240
age facilities that

58
00:04:41,240 --> 00:04:45,060
eventually get built here? Yes it's the wastewater. I was

59
00:04:45,060 --> 00:04:46,399
wondering why it was

60
00:04:46,399 --> 00:04:48,870
detention and that was the only reason I guess it's almost

61
00:04:48,870 --> 00:04:49,879
like in case there's a

62
00:04:49,879 --> 00:04:49,879
failure of the storage facilities that's what this is for.

63
00:04:49,879 --> 00:04:56,199
Yes this is a water

64
00:04:56,199 --> 00:05:01,800
wastewater facility. Yes Jim why don't you come in and come

65
00:05:01,800 --> 00:05:04,000
to the microphone.

66
00:05:10,720 --> 00:05:10,910
Good evening everyone I'm Jim Jenks with the DRC

67
00:05:10,910 --> 00:05:15,639
engineering department. Yeah this

68
00:05:15,639 --> 00:05:19,910
is basically a city project and it's a wet weather storage

69
00:05:19,910 --> 00:05:21,319
and pumping facility.

70
00:05:21,319 --> 00:05:24,269
Basically when we get a wet weather event and we get more

71
00:05:24,269 --> 00:05:25,800
infiltration into

72
00:05:25,800 --> 00:05:29,019
our lines this is basically serving as a wide spot in the

73
00:05:29,019 --> 00:05:30,240
line to accommodate

74
00:05:30,240 --> 00:05:33,759
those peaks so it's a it's a large tank and pump station

75
00:05:33,759 --> 00:05:35,160
for pumping it back into

76
00:05:35,160 --> 00:05:40,160
the collector sewer. Okay thank you sir. You may also have

77
00:05:40,160 --> 00:05:44,000
any questions. Thank you sir.

78
00:05:44,000 --> 00:05:46,519
Thank you.

79
00:05:49,079 --> 00:05:54,529
Chairperson Strange do you want to handle the agenda based

80
00:05:54,529 --> 00:05:56,480
on our revised items?

81
00:05:56,480 --> 00:06:00,040
Let's do it that way. We'll have one dry run on getting it

82
00:06:00,040 --> 00:06:01,079
right. Would you

83
00:06:01,079 --> 00:06:04,990
like me to go over what we've switched? Sure. Okay the

84
00:06:04,990 --> 00:06:06,120
chair has made some

85
00:06:06,120 --> 00:06:09,029
changes in the order of the items to be heard during public

86
00:06:09,029 --> 00:06:09,959
hearing just for

87
00:06:09,959 --> 00:06:12,649
everybody's identification both our viewing audience and

88
00:06:12,649 --> 00:06:13,360
our listening

89
00:06:13,360 --> 00:06:21,199
audience here. Item 4A has now become 4B. 4B has become 4C.

90
00:06:21,199 --> 00:06:23,560
4C will now be

91
00:06:23,560 --> 00:06:31,000
4F. 4D will remain as 4D. Item E will remain as E. Item F

92
00:06:31,000 --> 00:06:33,000
will become A and a

93
00:06:33,000 --> 00:06:35,839
note on item F the applicant will be requesting a continu

94
00:06:35,839 --> 00:06:36,639
ance to the June

95
00:06:36,639 --> 00:06:42,670
28th meeting and item G will remain as item G and with that

96
00:06:42,670 --> 00:06:44,439
we can go ahead and

97
00:06:44,439 --> 00:06:48,370
dive into the plat discussion for the final replat. I beg

98
00:06:48,370 --> 00:06:50,319
your pardon we can

99
00:06:50,319 --> 00:06:55,620
talk again I messed up the order here. If we will go to

100
00:06:55,620 --> 00:06:58,279
item 4B which is going to

101
00:06:58,279 --> 00:07:04,250
be FR170002. This is Haley's case at Shady Oaks Industrial

102
00:07:04,250 --> 00:07:04,879
Park. If there any

103
00:07:04,879 --> 00:07:08,699
questions associated with that we'd be happy to address

104
00:07:08,699 --> 00:07:10,879
those. Commissioner Beck.

105
00:07:10,879 --> 00:07:16,680
Thank you chair. Yeah I just briefing question. We've got

106
00:07:16,680 --> 00:07:19,560
one lot here that has

107
00:07:19,560 --> 00:07:24,660
several businesses on it. I believe we've got one lot where

108
00:07:24,660 --> 00:07:26,000
Roven Incorporated

109
00:07:26,000 --> 00:07:33,079
sits on one of these newer divisions. Workforce Solutions

110
00:07:33,079 --> 00:07:33,680
of North Central

111
00:07:33,680 --> 00:07:36,680
Texas and then a third building that houses a Brockman

112
00:07:36,680 --> 00:07:38,480
Premier Insurance PMI

113
00:07:38,480 --> 00:07:44,480
Metroplex and United Way. So is this being divided to

114
00:07:44,480 --> 00:07:45,079
accommodate

115
00:07:45,079 --> 00:07:48,399
these individual businesses and concerns here? Yes and

116
00:07:48,399 --> 00:07:49,540
speaking with the

117
00:07:49,540 --> 00:07:52,480
applicant my understanding is they were previously leasing

118
00:07:52,480 --> 00:07:53,519
these spaces out and

119
00:07:53,519 --> 00:07:56,519
now they've decided to subdivide in the instance that these

120
00:07:56,519 --> 00:07:57,160
individual

121
00:07:57,160 --> 00:08:05,959
businesses desire to purchase the lots. Okay. Any other

122
00:08:05,959 --> 00:08:06,600
questions on this

123
00:08:06,600 --> 00:08:13,470
item? Thank you. Haley you might want to stay because you

124
00:08:13,470 --> 00:08:14,800
're next again and that

125
00:08:14,800 --> 00:08:21,649
is the Razor Ranch Town Center replant. I think you should

126
00:08:21,649 --> 00:08:22,240
walk us through this

127
00:08:22,240 --> 00:08:27,120
one Haley. All right. Yes so this is a replant of lot 10 R

128
00:08:27,120 --> 00:08:29,800
for Razor. As you can see

129
00:08:29,800 --> 00:08:35,480
there are several pages here so let me get to see this

130
00:08:35,480 --> 00:08:36,399
sheet three actually

131
00:08:36,399 --> 00:08:39,909
shows best what's going on here. So lot 10 R is was

132
00:08:39,909 --> 00:08:41,879
previously one large lot and

133
00:08:41,879 --> 00:08:44,860
the intent of this replant is to split out three out parc

134
00:08:44,860 --> 00:08:46,000
els that will now be

135
00:08:46,000 --> 00:08:53,879
lots 22, 23, and 24 I believe. I'm sorry 23, 24, and 25. So

136
00:08:53,879 --> 00:08:55,360
its intent is to create

137
00:08:55,360 --> 00:09:00,960
these three out parcel lots along the I-35 frontage road.

138
00:09:02,679 --> 00:09:06,669
Commissioner Back. Thank you Chair. Is that the intent of a

139
00:09:06,669 --> 00:09:08,159
large lot like this

140
00:09:08,159 --> 00:09:12,690
then is to just parcel this out gradually or is that what

141
00:09:12,690 --> 00:09:13,240
we're to

142
00:09:13,240 --> 00:09:20,019
anticipate as time goes on then? That's been the trend. Yes

143
00:09:20,019 --> 00:09:22,039
sir that's been the

144
00:09:22,039 --> 00:09:24,899
typical pattern for Razor Ranch so in many cases you know

145
00:09:24,899 --> 00:09:26,200
they'll create it as

146
00:09:26,200 --> 00:09:28,820
several large lots and then as individual businesses come

147
00:09:28,820 --> 00:09:29,360
in and seek

148
00:09:29,360 --> 00:09:32,490
ownership of their parcels they can subdivide. Okay I'm

149
00:09:32,490 --> 00:09:33,440
always interested in

150
00:09:33,440 --> 00:09:35,639
what's gonna be built there do we know that now is that

151
00:09:35,639 --> 00:09:36,799
something I can ask now?

152
00:09:36,799 --> 00:09:40,100
I'm not aware of what these lots are for. No. Well I

153
00:09:40,100 --> 00:09:42,799
noticed that is it 25

154
00:09:42,799 --> 00:09:49,799
the tiny lot it's about half of what the other ones are. 23

155
00:09:49,799 --> 00:09:52,399
. The southern most lot.

156
00:09:52,399 --> 00:09:59,039
So what is the size of that? Not off the top of my head but

157
00:09:59,039 --> 00:09:59,320
we can

158
00:09:59,320 --> 00:10:10,350
find out. So 23 is just over a half acre. Okay thank you.

159
00:10:10,350 --> 00:10:11,840
Commissioner Roselle.

160
00:10:11,840 --> 00:10:15,250
Thank you Chair. I'm just curious about how to this is all

161
00:10:15,250 --> 00:10:17,919
in a PD right? This is

162
00:10:17,919 --> 00:10:22,100
there's a zoning overlay. It's an overlay but that doesn't

163
00:10:22,100 --> 00:10:23,279
have any effect in

164
00:10:23,279 --> 00:10:26,940
replatting that still they come to us like a general replat

165
00:10:26,940 --> 00:10:27,840
. Yeah the

166
00:10:27,840 --> 00:10:33,440
overlay is primarily for design criteria. Gotcha thanks.

167
00:10:33,440 --> 00:10:35,360
Any other questions for

168
00:10:35,360 --> 00:10:43,490
Hayley? Thank you Hayley. Thank you. The next item would be

169
00:10:43,490 --> 00:10:46,879
FR 170009. This is

170
00:10:46,879 --> 00:10:53,370
Mosey Brias's case and it is a replat of lots 11R1 and 2

171
00:10:53,370 --> 00:10:55,120
block A of

172
00:10:55,120 --> 00:11:01,409
Ridge of Southridge and an additional replant on that. Mose

173
00:11:01,409 --> 00:11:01,480
y

174
00:11:01,480 --> 00:11:05,870
would you please explain this replant? This is a replat

175
00:11:05,870 --> 00:11:07,440
they're dividing one

176
00:11:07,440 --> 00:11:10,730
lot into two lots. It's in the Ridge of Southridge subdiv

177
00:11:10,730 --> 00:11:13,399
ision and it was

178
00:11:13,399 --> 00:11:19,100
previously two lots but they the applicant the owner did an

179
00:11:19,100 --> 00:11:20,200
amended plat

180
00:11:20,200 --> 00:11:24,360
to remove one of the lot lines in between lot 11 and lot 12

181
00:11:24,360 --> 00:11:25,879
of the Ridge

182
00:11:25,879 --> 00:11:30,100
of Southridge subdivision and then they now they're coming

183
00:11:30,100 --> 00:11:31,600
into dividing into two

184
00:11:31,600 --> 00:11:38,169
lots again. Commissioner Beck. Thank you Chair. So in all

185
00:11:38,169 --> 00:11:39,559
likelihood block A is

186
00:11:39,559 --> 00:11:45,480
probably going to be sold as a residential. The lot 11R?

187
00:11:45,480 --> 00:11:47,759
Yes. Yes I'm

188
00:11:47,759 --> 00:11:50,679
sorry the bottom. The bottom is already a single-family

189
00:11:50,679 --> 00:11:52,480
residential home.

190
00:11:55,879 --> 00:12:03,720
For residential. Yes. Thank you. Commissioner Sullivan.

191
00:12:03,720 --> 00:12:06,679
Thank you. So they're just redoing what it was to begin

192
00:12:06,679 --> 00:12:07,519
with? No.

193
00:12:07,519 --> 00:12:11,980
They're slightly changing the lot configuration. Okay that

194
00:12:11,980 --> 00:12:16,159
's fine. I'm just wondering why they went from one to two

195
00:12:16,159 --> 00:12:20,399
back to one or whatever. Thank you.

196
00:12:24,399 --> 00:12:29,159
Ms. Aver, I believe you're next as well with item E FR 17

197
00:12:29,159 --> 00:12:31,360
0005. It's another

198
00:12:31,360 --> 00:12:36,799
replant of the East Ponder Estates. Are there any questions

199
00:12:36,799 --> 00:12:37,720
associated with this

200
00:12:37,720 --> 00:12:49,240
replant? Seeing none we will now go to item F which is a

201
00:12:49,240 --> 00:12:51,639
replant of the Walmart

202
00:12:51,639 --> 00:12:55,120
addition. Julie Wyatt would you please come and do a

203
00:12:55,120 --> 00:12:56,840
presentation on this one?

204
00:13:11,519 --> 00:13:14,840
All right sorry about that.

205
00:13:22,639 --> 00:13:26,450
All right so this is the Walmart addition. It's located on

206
00:13:26,450 --> 00:13:32,840
loop 288. It's in an RCC

207
00:13:32,840 --> 00:13:39,200
in zoning district. The intent of the replant is to divide

208
00:13:39,200 --> 00:13:40,679
this lot into

209
00:13:40,679 --> 00:13:40,679
large lot into two. I'm cutting off this corner here and

210
00:13:40,679 --> 00:13:46,039
for commercial

211
00:13:46,039 --> 00:13:54,590
development. Commissioner Beck. Thank You Chair. Julie just

212
00:13:54,590 --> 00:13:55,519
for the sake of our

213
00:13:55,519 --> 00:13:59,029
audience that may be viewing us and is on record. There's a

214
00:13:59,029 --> 00:13:59,679
lot of public

215
00:13:59,679 --> 00:14:03,240
concern about this picture lot because of the tree so our

216
00:14:03,240 --> 00:14:04,240
hands are essentially

217
00:14:04,240 --> 00:14:07,950
tying as far as salvaging those trees so could you kind of

218
00:14:07,950 --> 00:14:10,919
address that why PNC

219
00:14:10,919 --> 00:14:15,070
is not going to be able to? I will try and then I may call

220
00:14:15,070 --> 00:14:18,120
others up to amend my. So

221
00:14:18,120 --> 00:14:21,309
this lot this plat does meet the technical requirements of

222
00:14:21,309 --> 00:14:21,960
the Denton

223
00:14:21,960 --> 00:14:25,080
Development Code and all requirements for the City of Dent

224
00:14:25,080 --> 00:14:25,960
on and so in that

225
00:14:25,960 --> 00:14:31,269
respect then yes it is it is just it's approvable in its

226
00:14:31,269 --> 00:14:32,759
form but there were

227
00:14:32,759 --> 00:14:37,129
questions regarding the trees and I'll certainly answer any

228
00:14:37,129 --> 00:14:38,399
questions that I

229
00:14:38,399 --> 00:14:43,340
can or I don't there are some trees on this lot that there

230
00:14:43,340 --> 00:14:44,120
are some concerns

231
00:14:44,120 --> 00:14:49,559
about. What are they obligated as far as salvaging trees?

232
00:14:49,559 --> 00:14:50,879
They'll have to meet the

233
00:14:50,879 --> 00:14:53,230
current Denton Development Code requirements for tree

234
00:14:53,230 --> 00:14:54,480
preservation when

235
00:14:54,480 --> 00:14:59,779
when they come to develop and and Julie may I interject?

236
00:14:59,779 --> 00:15:04,080
Yes. Commissioner Beck

237
00:15:04,080 --> 00:15:08,309
thank you for asking that question. For the edification of

238
00:15:08,309 --> 00:15:10,159
our audience and our

239
00:15:10,159 --> 00:15:14,110
PNC members I've actually provided a memo to the chair as

240
00:15:14,110 --> 00:15:15,440
well regarding this

241
00:15:15,440 --> 00:15:20,740
lot there has been several questions that have arisen as it

242
00:15:20,740 --> 00:15:21,000
results as it

243
00:15:21,000 --> 00:15:24,120
relates to the tree stand located on this subject property.

244
00:15:24,120 --> 00:15:25,440
The question that

245
00:15:25,440 --> 00:15:29,070
came forward was or the statements that came forward was

246
00:15:29,070 --> 00:15:30,440
that this tree stand

247
00:15:30,440 --> 00:15:34,370
and this area is protected and that the trees cannot be

248
00:15:34,370 --> 00:15:36,600
removed. It is not just

249
00:15:36,600 --> 00:15:39,629
with this item that we have been doing research in fact

250
00:15:39,629 --> 00:15:41,000
staff conducted a very

251
00:15:41,000 --> 00:15:44,990
thorough research of this tree stand of this property of

252
00:15:44,990 --> 00:15:46,720
the original replat for

253
00:15:46,720 --> 00:15:50,360
the Walmart edition of the general development plot that

254
00:15:50,360 --> 00:15:51,360
was submitted for

255
00:15:51,360 --> 00:15:55,740
this development of the plat and the plat notes and there

256
00:15:55,740 --> 00:15:57,360
is no documentation

257
00:15:57,360 --> 00:16:00,860
in the form of an agreement between property owners and the

258
00:16:00,860 --> 00:16:01,960
city or between

259
00:16:01,960 --> 00:16:05,309
or any documentation or conditions in the zoning ordinance

260
00:16:05,309 --> 00:16:06,240
when the zoning

261
00:16:06,240 --> 00:16:08,340
change occurred for the subject property which is the

262
00:16:08,340 --> 00:16:09,440
entire Walmart site now

263
00:16:09,440 --> 00:16:13,769
this which includes the subject site right now and so the

264
00:16:13,769 --> 00:16:15,000
trees are not

265
00:16:15,000 --> 00:16:17,909
protected. There was also discussion as it relates to well

266
00:16:17,909 --> 00:16:18,879
there was an existing

267
00:16:18,879 --> 00:16:22,379
tree preservation ordinance that existed and prevailed at

268
00:16:22,379 --> 00:16:23,279
the time that the

269
00:16:23,279 --> 00:16:27,070
Walmart site was developed. Well yes absolutely there was a

270
00:16:27,070 --> 00:16:27,919
landscaping

271
00:16:27,919 --> 00:16:31,769
screening and preservation ordinance I believe in 1995.

272
00:16:31,769 --> 00:16:32,919
However that ordinance

273
00:16:32,919 --> 00:16:38,250
did not require preservation. It actually said try to work

274
00:16:38,250 --> 00:16:39,039
with the

275
00:16:39,039 --> 00:16:42,970
topography of the site and accommodate the trees but it did

276
00:16:42,970 --> 00:16:44,919
not require it. Now

277
00:16:44,919 --> 00:16:48,899
as we fast forward to now which is 2017 we have a current

278
00:16:48,899 --> 00:16:50,159
tree preservation

279
00:16:50,159 --> 00:16:52,870
ordinance that requires preservation and mitigation and it

280
00:16:52,870 --> 00:16:54,480
's really a 25%

281
00:16:54,480 --> 00:16:57,299
preservation slash mitigation requirement which is split

282
00:16:57,299 --> 00:16:57,879
into twelve

283
00:16:57,879 --> 00:17:00,679
and a half percent which we've discussed in the past. So at

284
00:17:00,679 --> 00:17:02,080
the end of the day the

285
00:17:02,080 --> 00:17:05,559
applicant although this is a property that was plotted in

286
00:17:05,559 --> 00:17:07,240
the past that you

287
00:17:07,240 --> 00:17:09,349
know technically may not have to comply with certain

288
00:17:09,349 --> 00:17:10,359
requirements it is now

289
00:17:10,359 --> 00:17:13,420
complying with the current tree preservation requirements

290
00:17:13,420 --> 00:17:14,039
and there is

291
00:17:14,039 --> 00:17:16,869
nothing in our ordinances or any documentation that

292
00:17:16,869 --> 00:17:17,880
supports that the

293
00:17:17,880 --> 00:17:21,529
trees cannot be removed. Thank you that was very thorough

294
00:17:21,529 --> 00:17:23,039
and I appreciate that. I mean

295
00:17:23,039 --> 00:17:26,539
I'm looking at this lot and based on what I think is going

296
00:17:26,539 --> 00:17:27,440
there including

297
00:17:27,440 --> 00:17:31,400
the parking and everything I don't see them being able to

298
00:17:31,400 --> 00:17:32,319
preserve any trees and

299
00:17:32,319 --> 00:17:34,799
again there's nothing we can do about that. It will

300
00:17:34,799 --> 00:17:38,559
mitigate, it will go into a tree fund but I'm not sure how

301
00:17:38,559 --> 00:17:39,119
they could put a

302
00:17:39,119 --> 00:17:43,049
raising develop commercial development in there with

303
00:17:43,049 --> 00:17:44,700
parking everything and manage

304
00:17:44,700 --> 00:17:48,470
the way those trees are located. Is that a fair assessment?

305
00:17:48,470 --> 00:17:49,160
So what we're looking at

306
00:17:49,160 --> 00:17:52,529
tonight and on the agenda is a plat any other development

307
00:17:52,529 --> 00:17:53,700
regulations as it

308
00:17:53,700 --> 00:17:56,670
relates to lot coverage, building height, tree preservation

309
00:17:56,670 --> 00:17:58,559
, tree mitigation, tree

310
00:17:58,559 --> 00:18:01,390
relocation for example that will come at the time of site

311
00:18:01,390 --> 00:18:02,799
plan. Site plans are

312
00:18:02,799 --> 00:18:05,099
not the purview of the Planning and Zoning Commission so if

313
00:18:05,099 --> 00:18:05,720
the site plan

314
00:18:05,720 --> 00:18:08,400
complies with the Denton Development Code it will proceed

315
00:18:08,400 --> 00:18:09,900
forward but just

316
00:18:09,900 --> 00:18:12,140
for edification it is my understanding that they will be

317
00:18:12,140 --> 00:18:13,039
able to comply with

318
00:18:13,039 --> 00:18:16,069
preservation with mitigation and perhaps some relocation of

319
00:18:16,069 --> 00:18:18,640
trees. Okay thank you.

320
00:18:18,640 --> 00:18:24,200
Commissioner Tyler. Thank you chair. I know that there were

321
00:18:24,200 --> 00:18:25,359
some some emails and

322
00:18:25,359 --> 00:18:30,789
I believe that our legal advisor gave an opinion. Is that

323
00:18:30,789 --> 00:18:32,920
public or is that? I

324
00:18:32,920 --> 00:18:37,599
believe it was released publicly. Okay so I just want to

325
00:18:37,599 --> 00:18:39,119
touch touch on a few

326
00:18:39,119 --> 00:18:44,420
things that were in that in that opinion. The the issue of

327
00:18:44,420 --> 00:18:45,440
vested rights was

328
00:18:45,440 --> 00:18:48,799
brought up because this was this development was plotted in

329
00:18:48,799 --> 00:18:49,480
some time in

330
00:18:49,480 --> 00:18:57,359
the 90s. 95. And so they would follow the 1995 would they

331
00:18:57,359 --> 00:18:58,359
be expected to follow

332
00:18:58,359 --> 00:19:03,000
the 1995 tree ordinance? There was a tree ordinance not

333
00:19:03,000 --> 00:19:03,839
necessarily true

334
00:19:03,839 --> 00:19:08,609
preservation ordinance but that was adopted in 1988 and

335
00:19:08,609 --> 00:19:09,799
that would have been

336
00:19:09,799 --> 00:19:13,529
the code provisions that would have been applicable to the

337
00:19:13,529 --> 00:19:14,839
property at the time

338
00:19:14,839 --> 00:19:19,000
that it was actually rezoned. It was rezoned and plotted

339
00:19:19,000 --> 00:19:20,359
the same year. Okay and

340
00:19:20,359 --> 00:19:26,500
so I this isn't really for this case this is just generally

341
00:19:26,500 --> 00:19:28,480
what triggers the

342
00:19:28,480 --> 00:19:32,049
application of new ordinances if you have if you have a

343
00:19:32,049 --> 00:19:33,599
development an

344
00:19:33,599 --> 00:19:38,359
existing development and an undeveloped area in the in the

345
00:19:38,359 --> 00:19:40,039
subdivision and you

346
00:19:40,039 --> 00:19:44,690
replat does that trigger or is it because you have a

347
00:19:44,690 --> 00:19:45,359
general development

348
00:19:45,359 --> 00:19:48,279
plan for it's a good question. The the answer is that

349
00:19:48,279 --> 00:19:49,119
anytime there's a new

350
00:19:49,119 --> 00:19:53,670
project and if it's the same project in a series that are

351
00:19:53,670 --> 00:19:54,880
the same permit of a

352
00:19:54,880 --> 00:19:57,670
series of permits for the same project then that's when the

353
00:19:57,670 --> 00:19:58,400
vested rights

354
00:19:58,400 --> 00:20:03,160
occurs. If it's a different project that's when the vested

355
00:20:03,160 --> 00:20:04,400
rights may or may

356
00:20:04,400 --> 00:20:08,400
not apply. Typically when there's a rezoning is when you

357
00:20:08,400 --> 00:20:09,200
lose those vested

358
00:20:09,200 --> 00:20:13,299
rights. So a rezone the rezone almost definitely uses

359
00:20:13,299 --> 00:20:16,019
vested rights. So if you

360
00:20:16,019 --> 00:20:19,519
have a lot that is like in a general development plan is

361
00:20:19,519 --> 00:20:20,559
vacant like just an

362
00:20:20,559 --> 00:20:24,529
empty lot and at some point ten years later or twenty years

363
00:20:24,529 --> 00:20:26,839
later you replat it

364
00:20:26,839 --> 00:20:30,430
and prepare it for development is that considered the same

365
00:20:30,430 --> 00:20:31,720
product or is that

366
00:20:31,720 --> 00:20:35,079
no longer the same project? That's no longer the same

367
00:20:35,079 --> 00:20:35,920
project. So to keep the

368
00:20:35,920 --> 00:20:38,289
vested rights you'd have to have a general development plan

369
00:20:38,289 --> 00:20:38,880
or something

370
00:20:38,880 --> 00:20:42,839
and abide by it yeah that that indicated you know lot

371
00:20:42,839 --> 00:20:44,759
whatever is for commercial

372
00:20:44,759 --> 00:20:50,440
correct okay and so same thing in in a same thing would

373
00:20:50,440 --> 00:20:50,880
apply in like a

374
00:20:50,880 --> 00:20:56,480
residential area if you had if a lot if an residential area

375
00:20:56,480 --> 00:20:58,920
is platted then they

376
00:20:58,920 --> 00:21:03,559
like in 2016 they would abide by the 2016 tree ordinances

377
00:21:03,559 --> 00:21:04,640
for building those

378
00:21:04,640 --> 00:21:10,759
single-family homes. Yes. And so you might even have like a

379
00:21:10,759 --> 00:21:11,319
residential

380
00:21:11,319 --> 00:21:14,900
developments platted in 1980 and there are ten lots that

381
00:21:14,900 --> 00:21:15,880
never got built out

382
00:21:15,880 --> 00:21:18,730
but they would still comply with the 1980 version.

383
00:21:18,730 --> 00:21:19,640
Specifically with tree

384
00:21:19,640 --> 00:21:22,950
ordinances because those are some of the zoning ordinances

385
00:21:22,950 --> 00:21:23,960
that we have are an

386
00:21:23,960 --> 00:21:26,960
exemption to the vested rights work or statute which is

387
00:21:26,960 --> 00:21:28,519
under 245 of the local

388
00:21:28,519 --> 00:21:32,329
government code. In particular that statute carves out

389
00:21:32,329 --> 00:21:34,440
trees and lot

390
00:21:34,440 --> 00:21:38,349
coverage I believe and a few other things that cannot be

391
00:21:38,349 --> 00:21:39,359
exempted out

392
00:21:39,359 --> 00:21:42,410
through zoning requirements so that's going to be included

393
00:21:42,410 --> 00:21:43,140
in the vested

394
00:21:43,140 --> 00:21:50,119
rights. But if a zoning so a 1980 lot just to continue this

395
00:21:50,119 --> 00:21:50,759
this exercise a

396
00:21:50,759 --> 00:21:55,839
1980 lot was SF3 or whatever that zoning designation was

397
00:21:55,839 --> 00:21:58,720
and it had a you know no

398
00:21:58,720 --> 00:22:06,779
lot coverage provisions the the rezone in 2002 makes it NR3

399
00:22:06,779 --> 00:22:07,859
it now has some

400
00:22:07,859 --> 00:22:13,440
lot coverage does it does lot coverage apply does the new

401
00:22:13,440 --> 00:22:14,440
lot coverage apply or

402
00:22:14,440 --> 00:22:17,180
is it still the 1980 no they would have to file for a

403
00:22:17,180 --> 00:22:18,119
vested rights

404
00:22:18,119 --> 00:22:22,299
determination under our code. Okay. I can't really say

405
00:22:22,299 --> 00:22:24,039
because it's okay so

406
00:22:24,039 --> 00:22:26,309
it's kind of specific but okay all right yeah so that I

407
00:22:26,309 --> 00:22:27,519
think that's that's

408
00:22:27,519 --> 00:22:29,880
enough information I was just when I when I first read the

409
00:22:29,880 --> 00:22:30,799
opinion I was

410
00:22:30,799 --> 00:22:33,920
worried that any replat would always fall under the

411
00:22:33,920 --> 00:22:35,519
original subdivision and

412
00:22:35,519 --> 00:22:38,039
almost everything's already been divided at some point. I

413
00:22:38,039 --> 00:22:39,279
didn't I didn't go to

414
00:22:39,279 --> 00:22:42,490
that because it wasn't in direct response to the question

415
00:22:42,490 --> 00:22:43,359
now so I'm glad

416
00:22:43,359 --> 00:22:50,279
you asked that question. Thank you. Any other questions on

417
00:22:50,279 --> 00:22:50,400
this

418
00:22:50,400 --> 00:22:59,730
item? I think you're doing G also aren't you? Yes Julie's

419
00:22:59,730 --> 00:23:06,079
doing G too. Okay change out gotcha.

420
00:23:13,599 --> 00:23:29,839
G is the zoning case. Yes it is. So this is Z 17-2. So the

421
00:23:29,839 --> 00:23:31,720
request before you is to

422
00:23:31,720 --> 00:23:36,130
consider making a recommendation to City Council regarding

423
00:23:36,130 --> 00:23:37,000
a rezoning for a

424
00:23:37,000 --> 00:23:42,299
some for property situated in the southeast part of Denton.

425
00:23:42,299 --> 00:23:43,880
It's 29 acres

426
00:23:43,880 --> 00:23:50,000
and it is bounded by I-35 Lakeview Boulevard and then also

427
00:23:50,000 --> 00:23:51,839
the DCTA that

428
00:23:51,839 --> 00:23:58,079
the railroad corridor in the in the rails to trails. The

429
00:23:58,079 --> 00:23:59,039
current zoning on

430
00:23:59,039 --> 00:24:03,940
the property is RCR 1 and sort of the light lavender and

431
00:24:03,940 --> 00:24:06,240
then RCCD in the

432
00:24:06,240 --> 00:24:10,329
more purple. The proposed is a commercial use is kind of a

433
00:24:10,329 --> 00:24:13,799
large retail

434
00:24:13,799 --> 00:24:19,299
establishment. So when we looked at the request we looked

435
00:24:19,299 --> 00:24:20,559
at the compatibility

436
00:24:20,559 --> 00:24:23,960
of the request in this surrounding area and we specifically

437
00:24:23,960 --> 00:24:25,079
looked at the uses

438
00:24:25,079 --> 00:24:27,880
as well as the zoning. So we first looked at what was

439
00:24:27,880 --> 00:24:29,359
really really close to the

440
00:24:29,359 --> 00:24:32,480
subject property around 200 feet. So adjacent to the

441
00:24:32,480 --> 00:24:34,279
property you have RCCD

442
00:24:34,279 --> 00:24:38,130
that's adjacent to I-35. You also have some additional RCR

443
00:24:38,130 --> 00:24:39,920
1 and then a plan

444
00:24:39,920 --> 00:24:43,730
development which is a residential plan development to the

445
00:24:43,730 --> 00:24:44,920
north of the subject

446
00:24:44,920 --> 00:24:48,759
property. Within that plan development it does have

447
00:24:48,759 --> 00:24:50,599
residential single-family

448
00:24:50,599 --> 00:24:54,859
residential lots as well as this treed area is an open

449
00:24:54,859 --> 00:24:56,559
space lot that has to

450
00:24:56,559 --> 00:24:59,380
remain per the plan development and there's a park right

451
00:24:59,380 --> 00:25:00,279
here per the plan

452
00:25:00,279 --> 00:25:02,869
development and then also you can see that railroad

453
00:25:02,869 --> 00:25:04,160
corridor with that rail

454
00:25:04,160 --> 00:25:08,319
to trails. To the south of the subject property is

455
00:25:08,319 --> 00:25:09,279
commercial development

456
00:25:09,279 --> 00:25:14,410
along I-35. So we zoom out a little bit we get to around

457
00:25:14,410 --> 00:25:16,319
500 a buffer of 500 feet

458
00:25:16,319 --> 00:25:19,440
around the subject property. You can see that that that

459
00:25:19,440 --> 00:25:20,440
plan development comes

460
00:25:20,440 --> 00:25:23,960
more into focus. We add in a little NR6 single-family

461
00:25:23,960 --> 00:25:25,700
adjacent to it as well as

462
00:25:25,700 --> 00:25:29,140
some of the open space areas for the the adjacent PDs and

463
00:25:29,140 --> 00:25:32,640
some multi-family. We

464
00:25:32,640 --> 00:25:38,609
also looked at the mobility of the area. Probably the most

465
00:25:38,609 --> 00:25:39,799
significant thing you

466
00:25:39,799 --> 00:25:44,150
see is the I-35 corridor here. You also have Lakeview Boule

467
00:25:44,150 --> 00:25:45,200
vard. It is an

468
00:25:45,200 --> 00:25:48,220
arterial it's actually going to kind of kind of jog and

469
00:25:48,220 --> 00:25:49,440
that arterial is going to

470
00:25:49,440 --> 00:25:52,559
on our mobility plan at some point in the future will

471
00:25:52,559 --> 00:25:55,039
continue north through

472
00:25:55,039 --> 00:25:59,880
Post Oak. There's also Shady Shores is a collector street

473
00:25:59,880 --> 00:26:00,960
and then there's once

474
00:26:00,960 --> 00:26:05,279
again that that alternative transportation mode on the

475
00:26:05,279 --> 00:26:05,680
rails to

476
00:26:05,680 --> 00:26:09,000
trails. Can I ask a question at this time Julie on the

477
00:26:09,000 --> 00:26:11,440
transportation? There's

478
00:26:11,440 --> 00:26:14,130
significant improvements that are being made on the over

479
00:26:14,130 --> 00:26:15,839
pass over 35 from what

480
00:26:15,839 --> 00:26:19,740
has been there in the past. Can you refresh our memory as

481
00:26:19,740 --> 00:26:20,519
to how wide

482
00:26:20,519 --> 00:26:24,230
that's going to be how many lanes it's going to be or u-

483
00:26:24,230 --> 00:26:25,799
turns or how that's

484
00:26:25,799 --> 00:26:29,619
going to be improved? I am not. Jim do you know the

485
00:26:29,619 --> 00:26:32,000
specific I-35 improvements?

486
00:26:32,000 --> 00:26:34,839
I'm gonna call Jim Jinx up. He probably have more specific

487
00:26:34,839 --> 00:26:37,519
information.

488
00:26:48,079 --> 00:26:48,589
I'm afraid I don't have information on the text doc

489
00:26:48,589 --> 00:26:53,799
improvements there to the

490
00:26:53,799 --> 00:26:58,670
ramp but I was asking about the overpass. Right right to

491
00:26:58,670 --> 00:27:00,519
the overpass I'm in. I

492
00:27:00,519 --> 00:27:05,359
don't have that information I'm afraid however Lakeview in

493
00:27:05,359 --> 00:27:06,519
that area will

494
00:27:06,519 --> 00:27:10,339
ultimately be a primary major arterial that's a six lane

495
00:27:10,339 --> 00:27:12,599
divided. Well maybe as

496
00:27:12,599 --> 00:27:16,720
I ask a chair can we between now and when we get in at 630

497
00:27:16,720 --> 00:27:17,240
and before the

498
00:27:17,240 --> 00:27:20,740
sign can we check and find out what text dots improvements

499
00:27:20,740 --> 00:27:21,960
for that overpass are

500
00:27:21,960 --> 00:27:26,119
going to be possibly? Yes sir. Okay thank you. Commissioner

501
00:27:26,119 --> 00:27:27,440
Selva, sign for. I

502
00:27:27,440 --> 00:27:30,619
believe it's going to be a four lane divided because they

503
00:27:30,619 --> 00:27:31,680
had the two lanes

504
00:27:31,680 --> 00:27:34,460
already built out the north side and the south side they're

505
00:27:34,460 --> 00:27:35,839
finishing up now. Okay

506
00:27:35,839 --> 00:27:40,089
and so you got two lanes coming out of the Oakmont area

507
00:27:40,089 --> 00:27:41,720
that's divided I think

508
00:27:41,720 --> 00:27:45,950
those will match up to go across the 35. There be any u-

509
00:27:45,950 --> 00:27:47,680
turns do you know? I

510
00:27:47,680 --> 00:27:50,440
don't see I haven't seen any it didn't look like there's

511
00:27:50,440 --> 00:27:51,519
gonna be any u-turns.

512
00:27:51,519 --> 00:27:56,279
Commissioner Back. Thank You Chair. Just for clarification

513
00:27:56,279 --> 00:27:57,799
too I believe Shady

514
00:27:57,799 --> 00:28:00,470
Shores isn't gonna change any as far as width is that

515
00:28:00,470 --> 00:28:01,799
correct? It will the

516
00:28:01,799 --> 00:28:04,319
traffic it can handle now it will be able to handle the

517
00:28:04,319 --> 00:28:05,240
traffic when the

518
00:28:05,240 --> 00:28:11,119
developments built if it's built? Well we have not seen we

519
00:28:11,119 --> 00:28:12,460
have not reached the

520
00:28:12,460 --> 00:28:15,410
planning stage we have not seen their layout here in the

521
00:28:15,410 --> 00:28:18,880
zoning case. We will

522
00:28:18,880 --> 00:28:22,369
exact what the code would support as far as street

523
00:28:22,369 --> 00:28:24,559
improvements. One thing that

524
00:28:24,559 --> 00:28:29,089
has been discussed is possibly widening the portion of Sh

525
00:28:29,089 --> 00:28:30,359
ady Shores that is

526
00:28:30,359 --> 00:28:35,750
currently unimproved or uncurbed to a right away of 40 foot

527
00:28:35,750 --> 00:28:36,880
back to back.

528
00:28:36,880 --> 00:28:40,009
That's one thing that's been discussed. A portion of Shady

529
00:28:40,009 --> 00:28:41,160
Shores in this area is

530
00:28:41,160 --> 00:28:46,079
improved it has curves the western portion does not.

531
00:28:46,079 --> 00:28:47,839
Between Lakeview and

532
00:28:47,839 --> 00:28:53,039
35 correct? From Lakeview going a little bit west it is

533
00:28:53,039 --> 00:28:55,920
curved and then further

534
00:28:55,920 --> 00:29:04,049
west along Shady Shores to 35 it is not. And again just for

535
00:29:04,049 --> 00:29:04,960
clarification we're

536
00:29:04,960 --> 00:29:07,819
talking about this eventually becoming a six lane road Lake

537
00:29:07,819 --> 00:29:09,680
view that is. That's not

538
00:29:09,680 --> 00:29:12,640
even in the drawing that's not even being drawn up that's

539
00:29:12,640 --> 00:29:15,160
just. No sir but one

540
00:29:15,160 --> 00:29:19,549
of our. That's our ultimate section. Right. But one thing

541
00:29:19,549 --> 00:29:20,079
that has been

542
00:29:20,079 --> 00:29:24,720
discussed for that may be triggered by this project based

543
00:29:24,720 --> 00:29:26,200
on their their impact

544
00:29:26,200 --> 00:29:29,839
would be a traffic signal at the intersection of Lakeview

545
00:29:29,839 --> 00:29:30,519
and Shady

546
00:29:30,519 --> 00:29:35,920
Shores. Thank you. Commissioner Rossell. Thank you chair. I

547
00:29:35,920 --> 00:29:37,880
have a question and

548
00:29:37,880 --> 00:29:42,180
hopefully you can answer someone here could but with the

549
00:29:42,180 --> 00:29:43,799
ownership that

550
00:29:43,799 --> 00:29:48,720
Kroger would have on either side of the street what onus

551
00:29:48,720 --> 00:29:50,440
can we put on them for

552
00:29:50,440 --> 00:29:55,779
improvement or is it ever applicable in which they just

553
00:29:55,779 --> 00:29:58,200
take over the the road

554
00:29:58,200 --> 00:30:01,319
as an internal road to their construction and the city

555
00:30:01,319 --> 00:30:01,720
doesn't have to

556
00:30:01,720 --> 00:30:05,059
worry about the improvements is there any thoughts behind

557
00:30:05,059 --> 00:30:06,000
either one of those?

558
00:30:06,000 --> 00:30:12,779
Well Shady Shores is on our mobility plan as ultimately

559
00:30:12,779 --> 00:30:14,960
being a collector

560
00:30:14,960 --> 00:30:21,289
street so just for for the local mobility there I think we

561
00:30:21,289 --> 00:30:22,119
would want it

562
00:30:22,119 --> 00:30:31,539
to stay as a city street in that designation and again we

563
00:30:31,539 --> 00:30:33,799
we anticipate

564
00:30:33,799 --> 00:30:39,119
exacting a widening and improvement of Shady Shores to 40

565
00:30:39,119 --> 00:30:40,960
foot back to back at

566
00:30:40,960 --> 00:30:44,730
least where it's not curb that would be wide enough to

567
00:30:44,730 --> 00:30:46,460
facilitate one lane in

568
00:30:46,460 --> 00:30:50,069
each direction plus a continuous left turn lane in between.

569
00:30:50,069 --> 00:30:51,279
And do they have

570
00:30:51,279 --> 00:30:54,539
the ability to do that themselves or they we've talked

571
00:30:54,539 --> 00:30:56,240
about in the past what

572
00:30:56,240 --> 00:30:59,640
options they have if because couldn't they do the

573
00:30:59,640 --> 00:31:00,960
improvements and get credits

574
00:31:00,960 --> 00:31:04,509
back for the road impact fees if they do that? Yes sir.

575
00:31:04,509 --> 00:31:05,720
Okay that's all I have.

576
00:31:05,720 --> 00:31:14,519
Thanks. Any other questions on mobility or traffic? Thank

577
00:31:14,519 --> 00:31:16,319
you Jim.

578
00:31:16,799 --> 00:31:23,299
All right so taking all of those factors the adjacent land

579
00:31:23,299 --> 00:31:25,640
uses the the adjacent

580
00:31:25,640 --> 00:31:28,799
zoning and also the mobility we looked at the compatibility

581
00:31:28,799 --> 00:31:30,359
of the request and

582
00:31:30,359 --> 00:31:34,519
the conditions around it. So CMG district is one of our

583
00:31:34,519 --> 00:31:35,400
commercial mixed use

584
00:31:35,400 --> 00:31:39,230
districts. It's intended to provide the necessary retail

585
00:31:39,230 --> 00:31:41,799
service, office, and

586
00:31:41,799 --> 00:31:44,700
some residential uses that are intended to serve the

587
00:31:44,700 --> 00:31:47,279
community. It's kind of

588
00:31:47,279 --> 00:31:51,369
it's a bridge between our more neighborhood scale and use

589
00:31:51,369 --> 00:31:52,359
district of

590
00:31:52,359 --> 00:31:57,250
like the NRMU, NRMU 12 and the more regional zoning

591
00:31:57,250 --> 00:31:59,839
districts and in terms

592
00:31:59,839 --> 00:32:03,859
of uses and scale and that RCCD and those those regional

593
00:32:03,859 --> 00:32:05,039
family of districts.

594
00:32:05,039 --> 00:32:08,069
So this is kind of between that it's that transitional

595
00:32:08,069 --> 00:32:10,400
zoning district. CMG

596
00:32:10,400 --> 00:32:12,880
often requires access to major roadways or at their

597
00:32:12,880 --> 00:32:14,519
intersection of local roads

598
00:32:14,519 --> 00:32:16,450
and arterial streets we want to make sure that there's

599
00:32:16,450 --> 00:32:18,240
access to the sites. And as

600
00:32:18,240 --> 00:32:22,000
I said it is that transitional between that high density

601
00:32:22,000 --> 00:32:23,279
highway development

602
00:32:23,279 --> 00:32:29,000
and the residential development to to the north. This site

603
00:32:29,000 --> 00:32:29,640
in particular

604
00:32:29,640 --> 00:32:33,329
has physical barriers between it and the residential

605
00:32:33,329 --> 00:32:35,279
development. It's got that

606
00:32:35,279 --> 00:32:39,369
rails to trails, it's got the railroad corridor, it's also

607
00:32:39,369 --> 00:32:39,920
got the open

608
00:32:39,920 --> 00:32:43,059
space in the park so it does there is a physical separation

609
00:32:43,059 --> 00:32:45,160
between the site. So

610
00:32:45,160 --> 00:32:47,500
when we looked at that we felt like that this was an

611
00:32:47,500 --> 00:32:48,720
appropriate zoning district

612
00:32:48,720 --> 00:32:51,730
because it's in this it's in this area between the highway

613
00:32:51,730 --> 00:32:52,920
and the residential

614
00:32:52,920 --> 00:32:57,009
development so it provides that that transition. We also

615
00:32:57,009 --> 00:32:58,319
looked at the Denton

616
00:32:58,319 --> 00:33:04,200
plan. This area does is designated as community mixed use.

617
00:33:04,200 --> 00:33:06,319
CMG aligns with that

618
00:33:06,319 --> 00:33:10,980
community mixed use future land use designation. As in CMG

619
00:33:10,980 --> 00:33:12,599
the zoning

620
00:33:12,599 --> 00:33:16,990
district the typical development is is more retail service

621
00:33:16,990 --> 00:33:18,200
office with some

622
00:33:18,200 --> 00:33:23,079
some high density development and and as I said those uses

623
00:33:23,079 --> 00:33:24,599
in CMG do align with

624
00:33:24,599 --> 00:33:29,130
this future land use. So when we look at CMG we wanted to

625
00:33:29,130 --> 00:33:30,359
see where CMG actually

626
00:33:30,359 --> 00:33:33,289
was located within the city of Denton and how it how it

627
00:33:33,289 --> 00:33:34,440
related to not only

628
00:33:34,440 --> 00:33:37,829
access areas of access but also nearby residential

629
00:33:37,829 --> 00:33:39,680
development. So hopefully

630
00:33:39,680 --> 00:33:43,089
y'all can see this but here is so just to orient you here's

631
00:33:43,089 --> 00:33:45,200
here's the loop. We

632
00:33:45,200 --> 00:33:49,440
have I-35E coming here. Here's University so so those are

633
00:33:49,440 --> 00:33:49,880
kind of the big

634
00:33:49,880 --> 00:33:53,150
landmarks and the pink is the areas that we see CMG and so

635
00:33:53,150 --> 00:33:54,240
you can kind of see

636
00:33:54,240 --> 00:33:57,359
those areas where it's typically located. It's typically

637
00:33:57,359 --> 00:33:58,440
located along our

638
00:33:58,440 --> 00:34:02,529
arterials where there's there's access but close to

639
00:34:02,529 --> 00:34:04,440
residential so that so that

640
00:34:04,440 --> 00:34:07,200
neighborhoods and our communities can access it easily.

641
00:34:07,200 --> 00:34:08,559
When you look in the

642
00:34:08,559 --> 00:34:13,099
southern part of Denton you can you can then see it's it's

643
00:34:13,099 --> 00:34:14,639
in this area it's

644
00:34:14,639 --> 00:34:19,039
along I-35 and Teasley and then here is our subject

645
00:34:19,039 --> 00:34:21,280
property. And the intent of

646
00:34:21,280 --> 00:34:25,059
the CMG future land use in this area is to provide some of

647
00:34:25,059 --> 00:34:26,320
those necessary

648
00:34:26,320 --> 00:34:29,219
services for our southeast Denton area where we don't

649
00:34:29,219 --> 00:34:30,559
really have that sort of

650
00:34:30,559 --> 00:34:36,050
neighborhood that community center. We also looked at how

651
00:34:36,050 --> 00:34:37,360
these zoning

652
00:34:37,360 --> 00:34:40,380
districts compared so we'll go over this briefly I won't go

653
00:34:40,380 --> 00:34:42,199
over every use but I

654
00:34:42,199 --> 00:34:44,719
wanted to talk about the intent of why we have those uses.

655
00:34:44,719 --> 00:34:45,760
So I think I think we

656
00:34:45,760 --> 00:34:49,070
kind of understand CMG it's it's intended to be that sort

657
00:34:49,070 --> 00:34:50,320
of mixed use it's sort

658
00:34:50,320 --> 00:34:55,630
of the mid-scale maximum height the 65 feet. RCR 1 is one

659
00:34:55,630 --> 00:34:56,760
of our regional

660
00:34:56,760 --> 00:34:59,880
zoning districts but it's more of the neighborhood regional

661
00:34:59,880 --> 00:35:00,760
district so it's

662
00:35:00,760 --> 00:35:06,159
intended to have commercial uses a mixed use district and

663
00:35:06,159 --> 00:35:06,960
and and residential

664
00:35:06,960 --> 00:35:11,380
uses all together but on a neighborhood scale. RCCD is one

665
00:35:11,380 --> 00:35:12,280
of our highest

666
00:35:12,280 --> 00:35:16,239
zoning districts it's it's got a lot of commercial uses at

667
00:35:16,239 --> 00:35:17,440
a very high intensity

668
00:35:17,440 --> 00:35:20,730
the types of things that you would see on highways. So you

669
00:35:20,730 --> 00:35:21,639
can see here their

670
00:35:21,639 --> 00:35:26,179
residential uses commercial land uses CMG has it has a lot

671
00:35:26,179 --> 00:35:27,760
of commercial land

672
00:35:27,760 --> 00:35:33,639
uses embedded with it as well as do RCR 1 and RCCD.

673
00:35:33,639 --> 00:35:37,079
Industrial land uses

674
00:35:37,079 --> 00:35:42,079
institutional and then building scale so here we've got the

675
00:35:42,079 --> 00:35:43,360
build the maximum

676
00:35:43,360 --> 00:35:47,210
building height of CMG is 65 feet and RCR 1 is 40 feet and

677
00:35:47,210 --> 00:35:49,000
the RCCD it's 100 feet.

678
00:35:49,000 --> 00:35:53,440
So we did send out a public notification for the request

679
00:35:53,440 --> 00:35:55,000
and we've received one

680
00:35:55,000 --> 00:35:57,639
letter in favor I know you've got a lot of letters in your

681
00:35:57,639 --> 00:35:58,639
backup there was a

682
00:35:58,639 --> 00:36:02,059
lot of a lot of neighborhood interest in this request. The

683
00:36:02,059 --> 00:36:03,079
city did have a

684
00:36:03,079 --> 00:36:07,039
neighborhood meeting and they we had quite a few attendees

685
00:36:07,039 --> 00:36:08,000
there wasn't a

686
00:36:08,000 --> 00:36:11,920
real consensus on on the on the feeling of the neighborhood

687
00:36:11,920 --> 00:36:13,000
we had got a lot of

688
00:36:13,000 --> 00:36:18,969
good feedback and and a lot of comments but but there weren

689
00:36:18,969 --> 00:36:20,119
't a lot of the

690
00:36:20,119 --> 00:36:22,750
residential areas that fell within the notification

691
00:36:22,750 --> 00:36:24,119
boundary so that's why the

692
00:36:24,119 --> 00:36:26,170
city went ahead and did that neighborhood meeting so we

693
00:36:26,170 --> 00:36:26,599
could make

694
00:36:26,599 --> 00:36:29,159
sure that we reached out to the neighborhood and made sure

695
00:36:29,159 --> 00:36:29,659
they knew

696
00:36:29,659 --> 00:36:36,239
what was going on. So based upon the future land use the

697
00:36:36,239 --> 00:36:37,460
the area the

698
00:36:37,460 --> 00:36:41,039
location of the property the character of the area we staff

699
00:36:41,039 --> 00:36:42,079
does recommend

700
00:36:42,079 --> 00:36:45,440
approval of the request and I'll stand for any questions.

701
00:36:45,440 --> 00:36:46,679
Commissioner Roselle.

702
00:36:46,679 --> 00:36:49,480
Thank you. Do you know approximately how many people showed

703
00:36:49,480 --> 00:36:49,800
up for that

704
00:36:49,800 --> 00:36:53,960
neighborhood meeting? It was probably around 40 and in your

705
00:36:53,960 --> 00:36:54,800
estimation it was

706
00:36:54,800 --> 00:36:59,320
a split kind of vibe approval denial or can you tell me

707
00:36:59,320 --> 00:37:00,480
more about that? Well

708
00:37:00,480 --> 00:37:04,760
there wasn't an overwhelming feeling on either side we

709
00:37:04,760 --> 00:37:05,960
really did I mean I

710
00:37:05,960 --> 00:37:09,780
didn't I don't know exact numbers but I would say just the

711
00:37:09,780 --> 00:37:10,960
comments that we

712
00:37:10,960 --> 00:37:15,050
received from that group there was it was pretty evenly

713
00:37:15,050 --> 00:37:16,320
divided between those

714
00:37:16,320 --> 00:37:18,369
who are like okay that's fine I just wanted to hear about

715
00:37:18,369 --> 00:37:19,000
it and those who

716
00:37:19,000 --> 00:37:23,309
had concerns about the rezoning. Is it ever appropriate in

717
00:37:23,309 --> 00:37:25,159
those meetings to

718
00:37:25,159 --> 00:37:29,070
actually get a poll or a tally since they don't have the

719
00:37:29,070 --> 00:37:29,840
official

720
00:37:29,840 --> 00:37:32,429
notification just to kind of get more tangible numbers for

721
00:37:32,429 --> 00:37:33,280
the Commission and

722
00:37:33,280 --> 00:37:36,849
Council to say 40 people showed up 30 people said there has

723
00:37:36,849 --> 00:37:37,440
that ever been

724
00:37:37,440 --> 00:37:41,429
done in the past these meetings? I've never seen it. Okay

725
00:37:41,429 --> 00:37:43,840
thank you.

726
00:37:45,320 --> 00:37:48,559
Commissioner Ellis. Thank you Chair. Julie I just had a

727
00:37:48,559 --> 00:37:49,960
quick question with the way

728
00:37:49,960 --> 00:37:53,000
this rail trail comes in there on the north there would a

729
00:37:53,000 --> 00:37:54,159
buffer still be

730
00:37:54,159 --> 00:37:57,920
necessary on this site when developed? The code wouldn't

731
00:37:57,920 --> 00:37:59,000
require it because

732
00:37:59,000 --> 00:38:03,320
there isn't a use adjacent to it that would require that.

733
00:38:03,320 --> 00:38:04,280
Is that something

734
00:38:04,280 --> 00:38:06,889
that could be done when the site plan is discussed? We

735
00:38:06,889 --> 00:38:08,079
could always discuss it

736
00:38:08,079 --> 00:38:10,820
with the applicant it's certainly something that that we

737
00:38:10,820 --> 00:38:11,119
could discuss

738
00:38:11,119 --> 00:38:14,489
with but it we don't have anything in the code that would

739
00:38:14,489 --> 00:38:15,760
require it. Okay

740
00:38:15,760 --> 00:38:21,269
thanks. Commissioner Taylor. Thank you Chair. Just a couple

741
00:38:21,269 --> 00:38:22,280
of questions on it

742
00:38:22,280 --> 00:38:25,449
looks like a fair portion of the northern portion part of

743
00:38:25,449 --> 00:38:27,480
this these lots

744
00:38:27,480 --> 00:38:35,280
are in floodplain. Yes sir. Is there does the had the

745
00:38:35,280 --> 00:38:36,760
applicant considered

746
00:38:36,760 --> 00:38:41,119
intentionally leaving a part of that out of the development

747
00:38:41,119 --> 00:38:42,559
to to provide it more

748
00:38:42,559 --> 00:38:46,110
of a buffer? The applicant is here and I think that would

749
00:38:46,110 --> 00:38:46,840
be something that they

750
00:38:46,840 --> 00:38:50,010
could probably answer at the regular session. I know before

751
00:38:50,010 --> 00:38:51,079
they could impact

752
00:38:51,079 --> 00:38:55,059
that area that they would have to get the necessary appro

753
00:38:55,059 --> 00:38:56,320
vals to do it so it's

754
00:38:56,320 --> 00:39:00,679
not they have some work to do on that on that end in order

755
00:39:00,679 --> 00:39:01,880
to if they did want to

756
00:39:01,880 --> 00:39:06,519
impact that area. Yes and there is ESA on the site so they

757
00:39:06,519 --> 00:39:07,440
would have to get if

758
00:39:07,440 --> 00:39:09,539
they wanted to impact that ESA they would have to get City

759
00:39:09,539 --> 00:39:10,280
Council approval

760
00:39:10,280 --> 00:39:13,400
to do it. It would come back to this board and then City

761
00:39:13,400 --> 00:39:15,000
Council approval.

762
00:39:15,000 --> 00:39:20,079
Would it be possible to see the ESA map in there? Sure sure

763
00:39:20,079 --> 00:39:22,599
I can pull that up.

764
00:39:25,880 --> 00:39:33,559
Any other questions for Julie on this item? Thank you Julie

765
00:39:33,559 --> 00:39:38,760
. Okay that is all

766
00:39:38,760 --> 00:39:44,510
the items on our agenda for this evening so at 6 10 I'm

767
00:39:44,510 --> 00:39:47,079
going to close our work

768
00:39:47,079 --> 00:39:49,360
session.

769
00:39:55,880 --> 00:39:56,880
.

770
00:40:25,880 --> 00:40:36,750
, and welcome to the city of Denton planning and zoning

771
00:40:36,750 --> 00:40:54,880
commission meeting for June 14, 2017.

772
00:40:54,880 --> 00:40:59,480
This meeting has been duly posted and we have a quorum

773
00:40:59,480 --> 00:41:03,880
present and I'm going to call us to order at 635.

774
00:41:03,880 --> 00:41:07,210
Our first order of business will be to stand and give the

775
00:41:07,210 --> 00:41:08,880
pledge to the U.S. and the Texas flag.

776
00:41:24,880 --> 00:41:49,880
Our next order of business will be to consider the approval

777
00:41:49,880 --> 00:41:53,880
of our planning and zoning commission meetings for May 24.

778
00:41:53,880 --> 00:41:56,880
I was absent so I'll be abstaining from the vote.

779
00:41:56,880 --> 00:41:59,880
The chair would entertain a motion.

780
00:41:59,880 --> 00:42:00,880
Commissioner back.

781
00:42:00,880 --> 00:42:01,880
Thank you chair.

782
00:42:01,880 --> 00:42:03,880
I move we approve the minutes.

783
00:42:03,880 --> 00:42:04,880
Okay.

784
00:42:04,880 --> 00:42:05,880
Commissioner Ellis.

785
00:42:05,880 --> 00:42:06,880
I will second that.

786
00:42:06,880 --> 00:42:07,880
Okay.

787
00:42:07,880 --> 00:42:09,880
We have a first and a second for approval.

788
00:42:09,880 --> 00:42:12,880
Any discussion?

789
00:42:12,880 --> 00:42:16,880
Seeing none, I'll call for a vote on the board.

790
00:42:23,880 --> 00:42:35,880
That motion carries five to zero.

791
00:42:35,880 --> 00:42:40,880
I will move us to our consent agenda.

792
00:42:40,880 --> 00:42:41,880
Commissioner Roselle.

793
00:42:41,880 --> 00:42:45,880
I move approval of the consent agenda.

794
00:42:45,880 --> 00:42:46,880
Commissioner Beck.

795
00:42:46,880 --> 00:42:47,880
Second.

796
00:42:47,880 --> 00:42:48,880
Okay.

797
00:42:48,880 --> 00:42:52,969
We have a first and a second for approval of the consent

798
00:42:52,969 --> 00:42:53,880
agenda.

799
00:42:53,880 --> 00:42:57,880
Any discussion?

800
00:42:57,880 --> 00:43:09,880
Seeing none, I'll call for a vote on the board.

801
00:43:09,880 --> 00:43:12,880
That motion carries six to zero.

802
00:43:12,880 --> 00:43:15,880
That will move us to our public hearing section.

803
00:43:15,880 --> 00:43:19,880
We've had a number of changes this evening.

804
00:43:19,880 --> 00:43:24,420
We're going to be changing the order of the items that we

805
00:43:24,420 --> 00:43:25,880
have tonight.

806
00:43:25,880 --> 00:43:30,400
We're going to hear item what was item F first is going to

807
00:43:30,400 --> 00:43:32,880
become our item A this evening,

808
00:43:32,880 --> 00:43:43,880
which is going to be S16-0007.

809
00:43:43,880 --> 00:44:01,880
Do we even open it or just go ahead?

810
00:44:01,880 --> 00:44:05,880
Do we have to have a motion to continue it?

811
00:44:05,880 --> 00:44:06,880
Okay.

812
00:44:06,880 --> 00:44:09,880
So we just ask for a motion.

813
00:44:09,880 --> 00:44:10,880
Okay.

814
00:44:10,880 --> 00:44:14,159
So this item has been requested to be continued by the

815
00:44:14,159 --> 00:44:16,880
applicant to a date certain.

816
00:44:16,880 --> 00:44:21,880
And that date certain is going to be June the 28th.

817
00:44:21,880 --> 00:44:27,670
So the chair would entertain a motion for a continuation to

818
00:44:27,670 --> 00:44:29,880
June the 28th.

819
00:44:29,880 --> 00:44:30,880
Commissioner Roselle.

820
00:44:30,880 --> 00:44:37,880
I move to move agenda items S16-0007 to June 28th.

821
00:44:37,880 --> 00:44:40,880
Okay.

822
00:44:40,880 --> 00:44:41,880
Okay.

823
00:44:41,880 --> 00:44:42,880
Commissioner Sullivan.

824
00:44:42,880 --> 00:44:43,880
I second that.

825
00:44:43,880 --> 00:44:44,880
Okay.

826
00:44:44,880 --> 00:44:47,269
We have a first and a second for continuance for date

827
00:44:47,269 --> 00:44:48,880
certain of June the 28th.

828
00:44:48,880 --> 00:44:51,880
Any discussion?

829
00:44:51,880 --> 00:45:01,880
Seeing none, we'll call for a vote on the board.

830
00:45:01,880 --> 00:45:03,880
The motion has carried six to zero.

831
00:45:03,880 --> 00:45:06,440
For those of you that have come out this evening, please

832
00:45:06,440 --> 00:45:10,880
come back on June the 28th on that item.

833
00:45:10,880 --> 00:45:14,030
That will move us to what was our item A will now become

834
00:45:14,030 --> 00:45:14,880
our item B.

835
00:45:14,880 --> 00:45:23,880
So I'm going to open the public hearing for FR17-0002.

836
00:45:23,880 --> 00:45:43,920
And I will ask Haley to come down and make a presentation

837
00:45:43,920 --> 00:45:47,880
on that.

838
00:45:47,880 --> 00:45:53,059
Yes, so this is a final replat of the Shady Oaks industrial

839
00:45:53,059 --> 00:45:53,880
park.

840
00:45:53,880 --> 00:45:56,920
It is presently one lot and the purpose of the replat is to

841
00:45:56,920 --> 00:45:58,880
subdivide this into three lots.

842
00:45:58,880 --> 00:46:00,980
All of the lots are currently fully developed with

843
00:46:00,980 --> 00:46:01,880
commercial uses.

844
00:46:01,880 --> 00:46:06,880
And I can answer any questions.

845
00:46:06,880 --> 00:46:10,880
Any questions for Haley?

846
00:46:10,880 --> 00:46:12,880
Thank you, Haley.

847
00:46:12,880 --> 00:46:13,880
This is a public hearing.

848
00:46:13,880 --> 00:46:16,880
Is there anyone who would like to speak on this item?

849
00:46:16,880 --> 00:46:19,880
If so, please come forward at this time.

850
00:46:19,880 --> 00:46:23,280
We do ask just as an announcement if you would like to

851
00:46:23,280 --> 00:46:24,880
speak, you can fill out cards.

852
00:46:24,880 --> 00:46:26,880
They're outside the door.

853
00:46:26,880 --> 00:46:29,539
If you haven't filled out one, you can certainly still come

854
00:46:29,539 --> 00:46:29,880
speak.

855
00:46:29,880 --> 00:46:31,880
And then we ask that you fill out a card before you leave.

856
00:46:31,880 --> 00:46:37,050
So is there anyone that would like to come forward on this

857
00:46:37,050 --> 00:46:37,880
item?

858
00:46:37,880 --> 00:46:40,900
Seeing none, I will close the public hearing and open the

859
00:46:40,900 --> 00:46:42,880
floor for discussion or a motion.

860
00:46:42,880 --> 00:46:44,880
Commissioner Beck.

861
00:46:44,880 --> 00:46:45,880
Thank you, Chair.

862
00:46:45,880 --> 00:46:51,880
I move that we approve FR170002.

863
00:46:51,880 --> 00:46:54,880
Chair will second.

864
00:46:54,880 --> 00:46:56,880
We have a first and a second for approval.

865
00:46:56,880 --> 00:47:03,880
Any discussion?

866
00:47:03,880 --> 00:47:10,880
Seeing none, I'll call for a vote on board.

867
00:47:10,880 --> 00:47:14,880
The motion carries six to zero.

868
00:47:14,880 --> 00:47:18,880
We'll move us to what was our item B that is now our item C

869
00:47:18,880 --> 00:47:18,880
.

870
00:47:18,880 --> 00:47:24,880
And I will open the public hearing for FR170008.

871
00:47:24,880 --> 00:47:34,880
We'll call on Haley for presentation of this item.

872
00:47:34,880 --> 00:47:38,880
So this is a final replat for Razor Ranch Town Center.

873
00:47:38,880 --> 00:47:44,869
The intent of the plat is to create three out parcel lots

874
00:47:44,869 --> 00:47:45,880
within what was formerly lot 10R.

875
00:47:45,880 --> 00:47:47,880
That will now become lot 10R2.

876
00:47:47,880 --> 00:47:51,019
And then there will be three out parcels along the I-35

877
00:47:51,019 --> 00:47:55,880
frontage road that will now be lots 23, 24, and 25.

878
00:47:55,880 --> 00:47:58,880
And I can stand for any questions.

879
00:47:58,880 --> 00:48:05,880
Any questions for Haley?

880
00:48:05,880 --> 00:48:06,880
Thank you, Haley.

881
00:48:06,880 --> 00:48:08,880
Again, this is a public hearing.

882
00:48:08,880 --> 00:48:15,809
Anyone who would like to speak on this item, please come

883
00:48:15,809 --> 00:48:18,880
forward at this time.

884
00:48:18,880 --> 00:48:22,530
Seeing none, we'll close the public hearing and open the

885
00:48:22,530 --> 00:48:24,880
floor for discussion or a motion.

886
00:48:24,880 --> 00:48:26,880
Commissioner Taylor?

887
00:48:26,880 --> 00:48:31,880
I move we approve FR170008.

888
00:48:31,880 --> 00:48:32,880
Commissioner Ellis?

889
00:48:32,880 --> 00:48:33,880
I will second.

890
00:48:33,880 --> 00:48:36,880
Okay, we have a first and a second for approval.

891
00:48:36,880 --> 00:48:42,880
Any discussion?

892
00:48:42,880 --> 00:48:56,880
Seeing none, we'll call for a vote on the board.

893
00:48:56,880 --> 00:49:00,880
That motion carries 6 to 0.

894
00:49:00,880 --> 00:49:05,880
We have moved what is our item D will become our item F.

895
00:49:05,880 --> 00:49:11,010
So that will move us down to -- excuse me, item C is now

896
00:49:11,010 --> 00:49:11,880
our F.

897
00:49:11,880 --> 00:49:15,880
Still getting that confused.

898
00:49:15,880 --> 00:49:19,880
Our item D is still going to be our item D.

899
00:49:19,880 --> 00:49:34,539
I'm going to open the public hearing for FR170009 and I

900
00:49:34,539 --> 00:49:42,880
will call on Zabe for presentation.

901
00:49:42,880 --> 00:49:47,480
The request is for a final replat of two lots in the Ridge

902
00:49:47,480 --> 00:49:50,880
of South Trace Subdivision.

903
00:49:50,880 --> 00:49:55,050
It's located at Holly Hill Lane and meets all the subdiv

904
00:49:55,050 --> 00:49:56,880
ision regulations.

905
00:49:56,880 --> 00:49:59,880
I'll stand for any questions if you have any.

906
00:49:59,880 --> 00:50:04,880
Any questions for Muzza?

907
00:50:04,880 --> 00:50:07,880
Thank you.

908
00:50:07,880 --> 00:50:08,880
This is a public hearing.

909
00:50:08,880 --> 00:50:15,809
Anyone who would like to speak on this item, please come

910
00:50:15,809 --> 00:50:18,880
forward at this time.

911
00:50:18,880 --> 00:50:23,750
Seeing none, I will close the public hearing and open the

912
00:50:23,750 --> 00:50:26,880
floor for discussion or a motion.

913
00:50:26,880 --> 00:50:27,880
Commissioner O'Zell?

914
00:50:27,880 --> 00:50:32,880
I move approval of FR170009.

915
00:50:32,880 --> 00:50:33,880
Commissioner Beck?

916
00:50:33,880 --> 00:50:34,880
Second.

917
00:50:34,880 --> 00:50:35,880
Okay.

918
00:50:35,880 --> 00:50:37,880
We have a first and a second for approval.

919
00:50:37,880 --> 00:50:42,880
Any discussion?

920
00:50:42,880 --> 00:50:49,880
Seeing none, I'll call for a vote on the board.

921
00:50:49,880 --> 00:50:54,880
I'm going to carry 6 to 0.

922
00:50:54,880 --> 00:50:57,880
We'll move us to our item E.

923
00:50:57,880 --> 00:51:04,820
I'm going to open the public hearing for FR170005 and we'll

924
00:51:04,820 --> 00:51:17,880
call on Muzza for presentation of this item as well.

925
00:51:17,880 --> 00:51:25,610
The request is for a replat of East Ponder State's lot 13

926
00:51:25,610 --> 00:51:27,880
into 6 lots.

927
00:51:27,880 --> 00:51:36,570
The replat meets all the subdivision regulations and I'll

928
00:51:36,570 --> 00:51:42,880
stand for any questions if you have any.

929
00:51:42,880 --> 00:51:45,880
Sorry.

930
00:51:45,880 --> 00:51:46,880
Commissioner O'Zell?

931
00:51:46,880 --> 00:51:47,880
Thank you, Chair.

932
00:51:47,880 --> 00:51:49,880
Just for clarification, this is ETJ.

933
00:51:49,880 --> 00:51:52,150
So if there was to be development on this, they would come

934
00:51:52,150 --> 00:51:53,880
back for another rezoning to move it.

935
00:51:53,880 --> 00:51:57,210
Or can they develop in the R5DX or is it they can develop

936
00:51:57,210 --> 00:51:57,880
in ETJ?

937
00:51:57,880 --> 00:51:58,880
No, they can develop in ETJ.

938
00:51:58,880 --> 00:51:59,880
They can?

939
00:51:59,880 --> 00:52:04,880
Okay.

940
00:52:04,880 --> 00:52:08,880
Any other questions for Muzza?

941
00:52:08,880 --> 00:52:11,880
Thank you.

942
00:52:11,880 --> 00:52:12,880
This is a public hearing.

943
00:52:12,880 --> 00:52:18,960
Anyone who would like to come forward, please do so at this

944
00:52:18,960 --> 00:52:19,880
time.

945
00:52:19,880 --> 00:52:24,849
Seeing none, we will close the public hearing and open the

946
00:52:24,849 --> 00:52:27,880
floor for discussion or motion.

947
00:52:27,880 --> 00:52:29,880
Commissioner Taylor?

948
00:52:29,880 --> 00:52:34,880
I move we approve FR170005.

949
00:52:34,880 --> 00:52:36,880
Commissioner Beck?

950
00:52:36,880 --> 00:52:37,880
Second.

951
00:52:37,880 --> 00:52:38,880
Okay.

952
00:52:38,880 --> 00:52:39,880
We have a first and a second for approval.

953
00:52:39,880 --> 00:52:44,880
Any further discussion?

954
00:52:44,880 --> 00:52:54,880
Seeing none, I'll call for a vote on the board.

955
00:52:54,880 --> 00:52:58,880
The motion will carry 6-0.

956
00:52:58,880 --> 00:53:02,239
At this time, we're going to backtrack a little bit and we

957
00:53:02,239 --> 00:53:06,880
're going to revisit item A for some housekeeping.

958
00:53:06,880 --> 00:53:10,170
Since this item is a public hearing, in order to meet the

959
00:53:10,170 --> 00:53:14,719
deadline of the 28th, we do not have enough time to re-not

960
00:53:14,719 --> 00:53:15,880
ice it.

961
00:53:15,880 --> 00:53:18,739
So staff has asked us to come back and open the public

962
00:53:18,739 --> 00:53:19,880
hearing on that.

963
00:53:19,880 --> 00:53:23,230
Ask if anybody wants to speak on it, close the public

964
00:53:23,230 --> 00:53:26,880
hearing or continue the public hearing until June the 28th

965
00:53:26,880 --> 00:53:30,679
so that we can stay on schedule for the requested day to

966
00:53:30,679 --> 00:53:30,880
the 28th.

967
00:53:30,880 --> 00:53:33,829
And we won't have a delay then because we don't have enough

968
00:53:33,829 --> 00:53:36,699
time to re-notice it and give enough time for the meeting

969
00:53:36,699 --> 00:53:37,880
on the 28th.

970
00:53:37,880 --> 00:53:39,880
So excuse us for that.

971
00:53:39,880 --> 00:53:40,880
Let's do a little housekeeping.

972
00:53:40,880 --> 00:53:45,579
So at this time, I'm going to go back and we are going to

973
00:53:45,579 --> 00:53:50,880
open public hearing for item A, S16-0007.

974
00:53:50,880 --> 00:53:55,880
Is there anyone who would like to speak on this item?

975
00:53:55,880 --> 00:53:59,880
Seeing none, I will close the public hearing and the chair

976
00:53:59,880 --> 00:53:59,880
--

977
00:53:59,880 --> 00:54:01,880
I apologize.

978
00:54:01,880 --> 00:54:03,880
I did not close the public hearing.

979
00:54:03,880 --> 00:54:05,880
I thought I did, but I made a mistake again.

980
00:54:05,880 --> 00:54:09,699
The public hearing is going to stay open and we are going

981
00:54:09,699 --> 00:54:15,050
to have a motion for continuance on the 28th and the

982
00:54:15,050 --> 00:54:17,880
meeting will stay open.

983
00:54:17,880 --> 00:54:19,880
Commissioner Roselle.

984
00:54:19,880 --> 00:54:24,340
I move to continue this agenda item until a date certain

985
00:54:24,340 --> 00:54:25,880
June 28th.

986
00:54:25,880 --> 00:54:27,880
Commissioner Beck.

987
00:54:27,880 --> 00:54:29,880
I think you answered my question.

988
00:54:29,880 --> 00:54:32,039
The three people that were here for this originally got up

989
00:54:32,039 --> 00:54:33,880
and left so they still will be able to speak.

990
00:54:33,880 --> 00:54:36,880
That is correct.

991
00:54:36,880 --> 00:54:37,880
Commissioner Ellis.

992
00:54:37,880 --> 00:54:39,880
I will second the motion.

993
00:54:39,880 --> 00:54:43,699
We have a first and a second to continue the open public

994
00:54:43,699 --> 00:54:46,880
hearing until June 28th on this item.

995
00:54:46,880 --> 00:54:50,880
Any further discussion?

996
00:54:50,880 --> 00:54:59,880
Seeing none, I will call for a vote on the board.

997
00:54:59,880 --> 00:55:03,880
The motion to continue passes 6-0.

998
00:55:03,880 --> 00:55:05,880
Thank you for allowing us to do that.

999
00:55:05,880 --> 00:55:08,880
Clean this up.

1000
00:55:08,880 --> 00:55:15,570
We will now progress to our item, what was C, which has now

1001
00:55:15,570 --> 00:55:17,880
become our item F on our agenda this evening.

1002
00:55:17,880 --> 00:55:23,869
At this time I am going to open the public hearing for FR17

1003
00:55:23,869 --> 00:55:25,880
-0004.

1004
00:55:25,880 --> 00:55:34,880
We will call on Julie Wyatt for presentation.

1005
00:55:34,880 --> 00:55:35,880
Good evening.

1006
00:55:35,880 --> 00:55:39,880
I am Julie Wyatt.

1007
00:55:39,880 --> 00:55:46,880
All right.

1008
00:55:46,880 --> 00:55:50,880
We have a replat here of the Walmart addition.

1009
00:55:50,880 --> 00:55:56,099
The purpose of the replat is to divide one commercial lot

1010
00:55:56,099 --> 00:55:58,880
into two commercial lots.

1011
00:55:58,880 --> 00:56:02,659
The zoning for the subject property is RCCN and the

1012
00:56:02,659 --> 00:56:05,880
property is located on loop 288.

1013
00:56:05,880 --> 00:56:13,880
I will stand for any questions.

1014
00:56:13,880 --> 00:56:19,880
Any questions for staff?

1015
00:56:19,880 --> 00:56:21,880
Seeing none, thank you, Julie.

1016
00:56:21,880 --> 00:56:22,880
This is a public hearing.

1017
00:56:22,880 --> 00:56:29,809
Anyone who would like to speak on this item, please come

1018
00:56:29,809 --> 00:56:32,880
forward at this time.

1019
00:56:32,880 --> 00:56:40,289
Please state your name and address for the record and you

1020
00:56:40,289 --> 00:56:43,880
will have four minutes.

1021
00:56:43,880 --> 00:56:47,880
Mr. Chair, did I miss it?

1022
00:56:47,880 --> 00:56:48,880
Maybe I missed it.

1023
00:56:48,880 --> 00:56:51,280
Did you announce that this is supposed to be continued for

1024
00:56:51,280 --> 00:56:51,880
two weeks?

1025
00:56:51,880 --> 00:56:52,880
Is that the case?

1026
00:56:52,880 --> 00:56:53,880
No.

1027
00:56:53,880 --> 00:56:54,880
This is not going to be continued.

1028
00:56:54,880 --> 00:56:55,880
This is Walmart, right?

1029
00:56:55,880 --> 00:56:56,880
This is Walmart.

1030
00:56:56,880 --> 00:56:59,880
We have had quite a few changes on our agenda.

1031
00:56:59,880 --> 00:57:02,880
This is the Walmart issue.

1032
00:57:02,880 --> 00:57:04,880
This is not going to get continued for two weeks?

1033
00:57:04,880 --> 00:57:05,880
No.

1034
00:57:05,880 --> 00:57:08,880
We are hearing it this evening and it was our item C.

1035
00:57:08,880 --> 00:57:11,690
We moved it to the back because we knew we had a number of

1036
00:57:11,690 --> 00:57:13,880
folks interested in this item as well.

1037
00:57:13,880 --> 00:57:16,190
We had one that was going to be continued and move them to

1038
00:57:16,190 --> 00:57:17,880
the beginning.

1039
00:57:17,880 --> 00:57:19,880
We shuffled the agenda.

1040
00:57:19,880 --> 00:57:20,880
Hopefully everybody's ease.

1041
00:57:20,880 --> 00:57:22,880
This didn't mean to be confusing.

1042
00:57:22,880 --> 00:57:24,880
This is a Walmart project.

1043
00:57:24,880 --> 00:57:29,880
Okay.

1044
00:57:29,880 --> 00:57:31,980
Well, it's okay because I did not prepare for since we were

1045
00:57:31,980 --> 00:57:32,880
going to continue.

1046
00:57:32,880 --> 00:57:34,880
But let me start.

1047
00:57:34,880 --> 00:57:35,880
Okay.

1048
00:57:35,880 --> 00:57:36,880
Sure.

1049
00:57:36,880 --> 00:57:37,880
My name is Brian Bentley.

1050
00:57:37,880 --> 00:57:42,880
I live at 2528 Jamestown Lane in Texas 76209.

1051
00:57:42,880 --> 00:57:47,050
There has been many items sent in to staff with concerns

1052
00:57:47,050 --> 00:57:53,880
about this property, concerns with the 1995 P&Z minutes on

1053
00:57:53,880 --> 00:57:53,880
this case.

1054
00:57:53,880 --> 00:57:58,880
And what was recorded in those minutes.

1055
00:57:58,880 --> 00:58:03,199
But there was a legal opinion letter sent out this week and

1056
00:58:03,199 --> 00:58:04,880
it was made public.

1057
00:58:04,880 --> 00:58:08,880
It was sent to the city manager.

1058
00:58:08,880 --> 00:58:11,880
And that letter I'm going to take issue with.

1059
00:58:11,880 --> 00:58:15,969
I find it to be a misleading letter in the way that it's

1060
00:58:15,969 --> 00:58:16,880
worded.

1061
00:58:16,880 --> 00:58:19,880
And I'll give you some examples.

1062
00:58:19,880 --> 00:58:24,570
It says at the time of the 2001 replat there were no tree

1063
00:58:24,570 --> 00:58:27,880
preservation requirements in the city.

1064
00:58:27,880 --> 00:58:32,469
And in the work session earlier tonight it seems that that

1065
00:58:32,469 --> 00:58:36,880
statement really hinges on that word requirement.

1066
00:58:36,880 --> 00:58:40,880
You take the word requirement out, it changes the meaning.

1067
00:58:40,880 --> 00:58:45,170
There is a sentence the tree preservation regulations are

1068
00:58:45,170 --> 00:58:47,880
not adopted until 2004.

1069
00:58:47,880 --> 00:58:53,030
Again in the meeting we heard there was landscape and tree

1070
00:58:53,030 --> 00:58:55,880
stuff as early as 1988.

1071
00:58:55,880 --> 00:58:59,260
And if you take the word preservation out of that sentence,

1072
00:58:59,260 --> 00:59:00,880
it changes the meaning.

1073
00:59:00,880 --> 00:59:02,880
There is another one.

1074
00:59:02,880 --> 00:59:06,469
The minutes of the discussion that took place with the P&Z

1075
00:59:06,469 --> 00:59:10,380
back in 1995 do not legally bind the property owner to

1076
00:59:10,380 --> 00:59:11,880
preserving trees.

1077
00:59:11,880 --> 00:59:14,880
The word minutes is very misleading.

1078
00:59:14,880 --> 00:59:18,760
City staff made statements that said the trees were

1079
00:59:18,760 --> 00:59:19,880
preserved.

1080
00:59:19,880 --> 00:59:24,570
The applicant made statements that the trees were preserved

1081
00:59:24,570 --> 00:59:24,880
.

1082
00:59:24,880 --> 00:59:30,280
So yes, maybe the minutes, the whole general discussion is

1083
00:59:30,280 --> 00:59:32,880
not binding on the applicant.

1084
00:59:32,880 --> 00:59:37,949
But when they make a statement and they tell the P&Z and

1085
00:59:37,949 --> 00:59:40,880
the P&Z relies on that statement,

1086
00:59:40,880 --> 00:59:45,019
then I think we ought to follow it because otherwise why do

1087
00:59:45,019 --> 00:59:47,880
we even hold these public hearings?

1088
00:59:47,880 --> 00:59:52,710
If you cannot rely on anything that the applicant says,

1089
00:59:52,710 --> 00:59:56,880
does, or what public says or does, why are we here?

1090
00:59:56,880 --> 01:00:00,789
You can simply look at your books and what's printed in

1091
01:00:00,789 --> 01:00:03,880
your books and make the vote without us.

1092
01:00:03,880 --> 01:00:06,880
So I have many issues with that.

1093
01:00:06,880 --> 01:00:12,050
I have issues with the fact it says that I pointed out that

1094
01:00:12,050 --> 01:00:14,940
the tree preservation is calculated based on the entire

1095
01:00:14,940 --> 01:00:17,880
Walmart property and not just the lot.

1096
01:00:17,880 --> 01:00:19,880
No, I didn't do that.

1097
01:00:19,880 --> 01:00:21,880
That is in the staff notes.

1098
01:00:21,880 --> 01:00:23,880
The staff did that.

1099
01:00:23,880 --> 01:00:25,880
So what is it?

1100
01:00:25,880 --> 01:00:29,730
I get pushed off and given the blame for it or, you know, I

1101
01:00:29,730 --> 01:00:32,880
'm just crazy, it just came out of the thin air on me.

1102
01:00:32,880 --> 01:00:34,880
No, staff did it.

1103
01:00:34,880 --> 01:00:37,880
So I have issues with this letter.

1104
01:00:37,880 --> 01:00:39,880
I have issues.

1105
01:00:39,880 --> 01:00:40,880
I know my time is up.

1106
01:00:40,880 --> 01:00:44,880
It's going to be real quick here.

1107
01:00:44,880 --> 01:00:47,880
So I'm sorry.

1108
01:00:47,880 --> 01:00:50,880
I got to take a breath.

1109
01:00:50,880 --> 01:00:51,880
You all know me.

1110
01:00:51,880 --> 01:00:54,880
You know I'm passionate about this stuff.

1111
01:00:54,880 --> 01:00:58,880
So my issue is not so much the trees.

1112
01:00:58,880 --> 01:00:59,880
The city made agreements.

1113
01:00:59,880 --> 01:01:01,880
We know the city made agreements.

1114
01:01:01,880 --> 01:01:04,880
We know Walmart made agreements.

1115
01:01:04,880 --> 01:01:09,230
And Devin Taylor brought up some very good points about

1116
01:01:09,230 --> 01:01:13,480
when is the vested -- when does the vesting end and when

1117
01:01:13,480 --> 01:01:14,880
does it start?

1118
01:01:14,880 --> 01:01:18,659
And as I still understand it, the vested rights are going

1119
01:01:18,659 --> 01:01:20,880
to end when this is replatted.

1120
01:01:20,880 --> 01:01:22,880
So I'm done.

1121
01:01:22,880 --> 01:01:24,880
Thank you.

1122
01:01:24,880 --> 01:01:25,880
Thank you, Mr. Bentley.

1123
01:01:25,880 --> 01:01:29,050
And I would encourage you if you have some concerns about

1124
01:01:29,050 --> 01:01:30,880
the letter, I would invite you to get with the city.

1125
01:01:30,880 --> 01:01:33,079
I would invite you to get with city staff and let's get

1126
01:01:33,079 --> 01:01:35,400
those addressed and make sure that we're all on the same

1127
01:01:35,400 --> 01:01:35,880
page.

1128
01:01:35,880 --> 01:01:38,880
So thank you for your time and your comments this evening.

1129
01:01:38,880 --> 01:01:39,880
Again, this is a public hearing.

1130
01:01:39,880 --> 01:01:43,300
Anyone who would like to speak on this item, please come

1131
01:01:43,300 --> 01:01:44,880
forward at this time.

1132
01:01:44,880 --> 01:01:47,500
And if you haven't filled out a card, please do so after

1133
01:01:47,500 --> 01:01:48,880
you give your comments.

1134
01:01:48,880 --> 01:01:50,880
Thank you.

1135
01:01:50,880 --> 01:01:51,880
Hi.

1136
01:01:51,880 --> 01:01:54,880
Deb Armentar, 2003 Mistywood Lane.

1137
01:01:54,880 --> 01:02:00,880
Hi.

1138
01:02:00,880 --> 01:02:04,199
I'm concerned about the confusions that the gentleman who

1139
01:02:04,199 --> 01:02:07,880
just spoke named.

1140
01:02:07,880 --> 01:02:13,559
And looking forward on what ends up happening to this

1141
01:02:13,559 --> 01:02:18,880
property, I'm concerned about our tree ordinance,

1142
01:02:18,880 --> 01:02:24,599
which is already kind of weak and might be forced to be

1143
01:02:24,599 --> 01:02:28,880
even weaker at a time when we need to be strengthening it.

1144
01:02:28,880 --> 01:02:31,639
And so I wanted to thank everybody who's been working on

1145
01:02:31,639 --> 01:02:34,980
trying to strengthen it and just to underscore that I

1146
01:02:34,980 --> 01:02:37,880
believe we really do need that.

1147
01:02:37,880 --> 01:02:42,360
And we also need just to follow up on what the gentleman

1148
01:02:42,360 --> 01:02:44,880
was just saying, to have trust in the process,

1149
01:02:44,880 --> 01:02:50,010
citizens do need a sense of consistency that we're not

1150
01:02:50,010 --> 01:02:57,719
getting different legal interpretations for different

1151
01:02:57,719 --> 01:02:59,880
petitioners.

1152
01:02:59,880 --> 01:03:18,940
So I also just wanted to add that-- I'm trying to think how

1153
01:03:18,940 --> 01:03:19,880
best to put this.

1154
01:03:19,880 --> 01:03:26,369
I guess I'll just say that in the case of Buckees, there

1155
01:03:26,369 --> 01:03:31,619
was a promise that was made by Buckees that they weren't

1156
01:03:31,619 --> 01:03:34,880
going to mess with this one environmentally protected area.

1157
01:03:34,880 --> 01:03:37,650
Now, I knew at the time-- I was not so naive at the time to

1158
01:03:37,650 --> 01:03:40,880
think, oh, they promised, so it's not going to happen.

1159
01:03:40,880 --> 01:03:45,880
You know, a promise is not legally binding.

1160
01:03:45,880 --> 01:03:49,510
But, you know, I'm seeing in these kind of discussions

1161
01:03:49,510 --> 01:03:53,019
about, you know, what's going to happen to this Walmart

1162
01:03:53,019 --> 01:03:53,880
property here.

1163
01:03:53,880 --> 01:03:59,559
Also, you know, in terms of the Kroger property, this is

1164
01:03:59,559 --> 01:04:04,880
also an issue where we have people promising in writing

1165
01:04:04,880 --> 01:04:06,880
that they're only going to cut down this many trees

1166
01:04:06,880 --> 01:04:11,739
or they're not going to mess with this one area, and I

1167
01:04:11,739 --> 01:04:16,880
would like to see PNZ or staff or both be a little firmer

1168
01:04:16,880 --> 01:04:18,880
with these people

1169
01:04:18,880 --> 01:04:22,719
in kind of making them either put it in writing and if they

1170
01:04:22,719 --> 01:04:25,880
don't want to, then just letting the public know that this

1171
01:04:25,880 --> 01:04:25,880
is--

1172
01:04:25,880 --> 01:04:29,880
that any kind of promise like this is not legally binding

1173
01:04:29,880 --> 01:04:32,539
because the public has just been disappointed too many

1174
01:04:32,539 --> 01:04:35,880
times with this kind of promise.

1175
01:04:35,880 --> 01:04:39,000
So anyway, apologies for my hesitation and thinking about

1176
01:04:39,000 --> 01:04:40,880
how to most tactfully word that.

1177
01:04:40,880 --> 01:04:43,880
I hope I was tactful. Thank you very much for your time.

1178
01:04:43,880 --> 01:04:45,550
I have a question for you before you go. Commissioner Ros

1179
01:04:45,550 --> 01:04:45,880
sell.

1180
01:04:45,880 --> 01:04:48,219
Thank you, Chair. Thank you for being here and expressing

1181
01:04:48,219 --> 01:04:48,880
your concerns.

1182
01:04:48,880 --> 01:04:51,070
I don't necessarily have a question but more of a support

1183
01:04:51,070 --> 01:04:51,880
of what you said.

1184
01:04:51,880 --> 01:04:54,880
I appreciate your feedback on Kroger.

1185
01:04:54,880 --> 01:04:57,190
It's my interpretation that there are precedents already

1186
01:04:57,190 --> 01:04:57,880
set for that.

1187
01:04:57,880 --> 01:05:01,360
But to your point about Buc-E's and other times in which

1188
01:05:01,360 --> 01:05:04,889
individuals have said or agreed to do something and not

1189
01:05:04,889 --> 01:05:05,880
fulfilled it,

1190
01:05:05,880 --> 01:05:07,929
there's been a couple that I know of where they said they

1191
01:05:07,929 --> 01:05:11,880
wouldn't cut down a tree and did or they blurred lines.

1192
01:05:11,880 --> 01:05:14,239
I'm in complete support of you and the process of the

1193
01:05:14,239 --> 01:05:18,659
commission and staff to increase our teeth when we come to

1194
01:05:18,659 --> 01:05:19,880
enforcing these rules

1195
01:05:19,880 --> 01:05:23,250
because so often not imparting that power and authority

1196
01:05:23,250 --> 01:05:26,880
over these decisions allows that gray area to get wider.

1197
01:05:26,880 --> 01:05:27,880
So I appreciate you saying that.

1198
01:05:27,880 --> 01:05:31,119
I'm in full support of looking about ways in which once

1199
01:05:31,119 --> 01:05:34,579
there's an agreement set that there is some continuity in

1200
01:05:34,579 --> 01:05:35,880
backing that up.

1201
01:05:35,880 --> 01:05:40,880
Thank you very much. That's great to hear. Thank you.

1202
01:05:40,880 --> 01:05:43,909
Again, this is a public hearing. Anyone else who would like

1203
01:05:43,909 --> 01:05:44,880
to speak on this item?

1204
01:05:44,880 --> 01:05:47,880
Commissioner Back, did you have a question?

1205
01:05:47,880 --> 01:05:51,420
Just a statement. I don't have any question. If you were

1206
01:05:51,420 --> 01:05:53,880
opening up for us to speak, I wanted to speak to it.

1207
01:05:53,880 --> 01:05:57,000
If you don't mind, I'll come back to you as soon as we

1208
01:05:57,000 --> 01:05:58,880
close the public hearing.

1209
01:05:58,880 --> 01:06:04,369
Again, this is a public hearing. Anyone who would like to

1210
01:06:04,369 --> 01:06:10,880
speak, please come forward at this time.

1211
01:06:10,880 --> 01:06:14,969
Council. Clay Christie, Clay Moore Engineering, 1903

1212
01:06:14,969 --> 01:06:17,880
Central Drive, Bedford, Texas, 76021.

1213
01:06:17,880 --> 01:06:20,179
We're just here on behalf of the applicant. I'm not

1214
01:06:20,179 --> 01:06:21,880
necessarily here to speak in the public,

1215
01:06:21,880 --> 01:06:24,820
but just to answer really mainly here to answer any

1216
01:06:24,820 --> 01:06:26,880
questions you guys might have.

1217
01:06:26,880 --> 01:06:29,329
I do know that there were some concerns that's obviously

1218
01:06:29,329 --> 01:06:30,880
been brought up about the trees.

1219
01:06:30,880 --> 01:06:34,000
Obviously, I wasn't here whenever they replanted the

1220
01:06:34,000 --> 01:06:36,880
property originally back in the early stages.

1221
01:06:36,880 --> 01:06:38,880
But I do know that we worked with city staff.

1222
01:06:38,880 --> 01:06:41,510
We've come up with a tree preservation plan to make sure

1223
01:06:41,510 --> 01:06:44,579
that we were following all current ordinances and that the

1224
01:06:44,579 --> 01:06:47,719
tree preservation at this time is in compliance with the

1225
01:06:47,719 --> 01:06:49,880
current ordinance that is in place with the city.

1226
01:06:49,880 --> 01:06:52,010
If there's any other questions, I'll be happy to ask. But I

1227
01:06:52,010 --> 01:06:54,400
just want to let you guys know, you know, there is some

1228
01:06:54,400 --> 01:06:55,880
concern about that.

1229
01:06:55,880 --> 01:06:58,769
Thank you for coming up and making that statement. I think

1230
01:06:58,769 --> 01:07:00,880
we're just doing tonight.

1231
01:07:00,880 --> 01:07:05,429
I think you're going to be coming forward with a site plan

1232
01:07:05,429 --> 01:07:06,880
in the future.

1233
01:07:06,880 --> 01:07:10,119
Okay, that's very true. We have city site plan. This is

1234
01:07:10,119 --> 01:07:12,880
just for planning. That's all that we're here for today.

1235
01:07:12,880 --> 01:07:16,880
So thank you for clarifying that.

1236
01:07:16,880 --> 01:07:21,780
And this is a public hearing. Anyone who would like to

1237
01:07:21,780 --> 01:07:26,880
speak on this item, please come forward at this time.

1238
01:07:26,880 --> 01:07:29,619
Seeing none, I will close the public hearing and open the

1239
01:07:29,619 --> 01:07:31,880
floor for discussion. Commissioner Beck.

1240
01:07:31,880 --> 01:07:36,250
Thank you, Chair. I just want to state that I appreciate Mr

1241
01:07:36,250 --> 01:07:38,880
. Bentley coming up and speaking out to this.

1242
01:07:38,880 --> 01:07:43,030
I've personally had some reservations too, and I think a

1243
01:07:43,030 --> 01:07:47,010
lot of us do here, but I felt that our hands were tied and

1244
01:07:47,010 --> 01:07:50,880
we've gotten feedback from legal -- excuse me.

1245
01:07:50,880 --> 01:07:54,789
And so, again, felt like we couldn't do much. But I have

1246
01:07:54,789 --> 01:07:58,880
reason to have pause now based on what Mr. Bentley said.

1247
01:07:58,880 --> 01:08:03,409
And I don't want to -- I'm not the legal expert here, but I

1248
01:08:03,409 --> 01:08:08,190
'm inclined to table this for a little while longer and have

1249
01:08:08,190 --> 01:08:11,489
legal and staff look at this a little bit more deeply and

1250
01:08:11,489 --> 01:08:15,420
make sure that what Mr. Bentley is saying is in fact not

1251
01:08:15,420 --> 01:08:18,380
the case or maybe it is and get it straightened once for

1252
01:08:18,380 --> 01:08:18,880
all.

1253
01:08:18,880 --> 01:08:22,609
Just for my own piece of mind and I think perhaps some

1254
01:08:22,609 --> 01:08:27,010
other people here too. So if that's possible, I would make

1255
01:08:27,010 --> 01:08:30,880
a motion that we table this thing for 30 days.

1256
01:08:30,880 --> 01:08:37,350
Okay. Let me ask an opinion of staff. This will go on to

1257
01:08:37,350 --> 01:08:44,220
City Council. We'll have the final say. Okay. Commissioner

1258
01:08:44,220 --> 01:08:44,880
Taylor.

1259
01:08:44,880 --> 01:08:53,880
Thank you, Chair. So I think Mr. Bentley's points about

1260
01:08:53,880 --> 01:08:57,020
things that are said in front of the commission and

1261
01:08:57,020 --> 01:09:00,489
promises that are made is a good example of a cautionary

1262
01:09:00,489 --> 01:09:02,880
tale for the members of this body.

1263
01:09:02,880 --> 01:09:07,199
Many times we've seen the site plan for the rezoning and of

1264
01:09:07,199 --> 01:09:11,510
course the site plan is not binding. And we've heard all

1265
01:09:11,510 --> 01:09:14,880
kinds of promises uttered by developers.

1266
01:09:14,880 --> 01:09:18,399
A lot of times they'll say that they want only this one

1267
01:09:18,399 --> 01:09:22,399
thing. So when we try to put that requirement into writing

1268
01:09:22,399 --> 01:09:26,000
in a recommendation, they withdraw their request or

1269
01:09:26,000 --> 01:09:30,079
suddenly are backtracking and saying they can't really just

1270
01:09:30,079 --> 01:09:32,880
have that one thing they said they needed.

1271
01:09:32,880 --> 01:09:36,979
And unfortunately that is the nature of this. And a lot of

1272
01:09:36,979 --> 01:09:41,239
times the applicant might not even have ill intent. In this

1273
01:09:41,239 --> 01:09:45,880
case, it was 20 something, 22 or 23 years ago.

1274
01:09:45,880 --> 01:09:50,069
Maybe ownership has changed or management has changed. The

1275
01:09:50,069 --> 01:09:53,060
original people that stood here and promised that, that

1276
01:09:53,060 --> 01:09:54,880
promise held for 22 years.

1277
01:09:54,880 --> 01:09:58,439
But something else has changed. You know, same thing on

1278
01:09:58,439 --> 01:10:01,770
ownership of land, a rezone, the company that had the

1279
01:10:01,770 --> 01:10:05,279
beautiful site plan goes bankrupt and somebody else buys

1280
01:10:05,279 --> 01:10:08,930
the property and builds the ugly monstrosity that we wanted

1281
01:10:08,930 --> 01:10:09,880
to avoid.

1282
01:10:09,880 --> 01:10:15,329
That said, in 1995 it was a plat and we cannot place any

1283
01:10:15,329 --> 01:10:20,560
binding requirements on plat. You know, if it's not an SUP

1284
01:10:20,560 --> 01:10:25,880
or an overlay, then there isn't a binding requirement.

1285
01:10:25,880 --> 01:10:30,640
Those were just verbal promises. Those were just, you know,

1286
01:10:30,640 --> 01:10:35,050
somebody saying they intend to do something. So all of that

1287
01:10:35,050 --> 01:10:39,350
says that unfortunately there wasn't anything binding in

1288
01:10:39,350 --> 01:10:40,880
1995.

1289
01:10:40,880 --> 01:10:43,579
We did not have a binding tree ordinance. And I think it's

1290
01:10:43,579 --> 01:10:47,060
a really good indicator. Our current tree ordinance, it

1291
01:10:47,060 --> 01:10:48,880
goes onto the plat now.

1292
01:10:48,880 --> 01:10:53,520
How many square feet of canopy coverage and how many inches

1293
01:10:53,520 --> 01:10:56,520
of trees they have to have. So 30 years from now when they

1294
01:10:56,520 --> 01:11:00,310
go to redevelop, you know, or replat or whatever, you can

1295
01:11:00,310 --> 01:11:03,279
pull up that document filed at the county and you can say

1296
01:11:03,279 --> 01:11:09,880
1700 square feet of canopy or 182 caliper inches required.

1297
01:11:09,880 --> 01:11:14,739
And that's what it takes in order to make this stuff stick.

1298
01:11:14,739 --> 01:11:19,310
The voluntary preservation only works as long as people

1299
01:11:19,310 --> 01:11:21,880
keep volunteering to do it.

1300
01:11:21,880 --> 01:11:25,970
So I don't see what we could possibly find in the record on

1301
01:11:25,970 --> 01:11:29,859
a platting request that would change any of the facts of

1302
01:11:29,859 --> 01:11:30,880
the case.

1303
01:11:30,880 --> 01:11:35,050
Even if they did make those promises, those promises aren't

1304
01:11:35,050 --> 01:11:38,939
binding and there's nothing that they could have done in

1305
01:11:38,939 --> 01:11:43,390
1995 or we could do today to make any promises binding on a

1306
01:11:43,390 --> 01:11:43,880
plat.

1307
01:11:43,880 --> 01:11:45,880
Commissioner Beck. Thank you, Chair.

1308
01:11:45,880 --> 01:11:54,279
Thanks for that, Commissioner Taylor. I would like to give

1309
01:11:54,279 --> 01:12:02,510
Mr. Bentley an opportunity to come back and respond to that

1310
01:12:02,510 --> 01:12:05,880
if he would so desire. Please do.

1311
01:12:05,880 --> 01:12:10,579
Mr. Taylor is correct in a lot of ways on plats. You are

1312
01:12:10,579 --> 01:12:16,479
very limited. You're you are governed by state law on plats

1313
01:12:16,479 --> 01:12:16,880
.

1314
01:12:16,880 --> 01:12:24,050
The question is the validity of this process. If city staff

1315
01:12:24,050 --> 01:12:30,789
can stand up here and make statements to you and you cannot

1316
01:12:30,789 --> 01:12:36,880
rely on those statements, then why are we here?

1317
01:12:36,880 --> 01:12:43,250
Owen Yost, who was city staff, stood up here and told the P

1318
01:12:43,250 --> 01:12:48,880
NZ in 1995, those are protected trees.

1319
01:12:48,880 --> 01:12:53,199
Wal-Mart stood up here and said, yes, we are not going to

1320
01:12:53,199 --> 01:12:57,880
touch those trees. That is all recorded in the minutes.

1321
01:12:57,880 --> 01:13:01,970
This is not. And I understand your point. I served on this

1322
01:13:01,970 --> 01:13:03,880
commission for six years.

1323
01:13:03,880 --> 01:13:11,939
Yes. Maybe we see a building design and we cannot tie the

1324
01:13:11,939 --> 01:13:15,880
developer to that design as the PNZ.

1325
01:13:15,880 --> 01:13:21,279
But when we have legal processes and we cannot even rely on

1326
01:13:21,279 --> 01:13:27,489
the information we're given by the city staff, why are we

1327
01:13:27,489 --> 01:13:28,880
here?

1328
01:13:28,880 --> 01:13:32,279
I think city staff is going to respond with some

1329
01:13:32,279 --> 01:13:36,880
clarification and some more history on this particular item

1330
01:13:36,880 --> 01:13:36,880
.

1331
01:13:36,880 --> 01:13:41,569
If you may want to stay close by if there's some follow up

1332
01:13:41,569 --> 01:13:45,930
questions. I'll call on Manal for some more background on

1333
01:13:45,930 --> 01:13:46,880
this item.

1334
01:13:46,880 --> 01:13:50,470
Thank you, Chairperson Strange. A few things that I wanted

1335
01:13:50,470 --> 01:13:51,880
to make mention to.

1336
01:13:51,880 --> 01:13:55,560
If you recall, during work session we talked about the

1337
01:13:55,560 --> 01:13:59,470
extensive research and quite frankly thorough research that

1338
01:13:59,470 --> 01:14:01,880
staff has conducted to determine

1339
01:14:01,880 --> 01:14:07,239
were those trees or was that area indeed protected? And

1340
01:14:07,239 --> 01:14:09,880
there are no plat notes.

1341
01:14:09,880 --> 01:14:12,239
There are no notes on the general development plan. Nor are

1342
01:14:12,239 --> 01:14:14,880
there any conditions attached with the zoning.

1343
01:14:14,880 --> 01:14:19,100
If you recall, some of you, when the zoning change occurred

1344
01:14:19,100 --> 01:14:22,250
it actually just prohibited some uses but there were no

1345
01:14:22,250 --> 01:14:22,880
other changes associated with that

1346
01:14:22,880 --> 01:14:25,619
from a development perspective. In fact, that could have

1347
01:14:25,619 --> 01:14:27,979
been conditioned as part of the discussion that the

1348
01:14:27,979 --> 01:14:28,880
Planning and Zoning Commission had

1349
01:14:28,880 --> 01:14:33,880
and ultimately the City Council associated with this case.

1350
01:14:33,880 --> 01:14:36,840
Mr. Blentley, you have made mention that a past planner

1351
01:14:36,840 --> 01:14:40,659
with the City of Denton, Mr. Yost, I believe, had indicated

1352
01:14:40,659 --> 01:14:42,880
that there are saplings and mature trees on that side.

1353
01:14:42,880 --> 01:14:46,149
I believe that's the paragraph you're referring to and seed

1354
01:14:46,149 --> 01:14:49,260
lings and those are preserved and that the development can

1355
01:14:49,260 --> 01:14:49,880
proceed.

1356
01:14:49,880 --> 01:14:53,109
I paraphrase, that is not a quote. However, when you look

1357
01:14:53,109 --> 01:14:56,180
at that packet and those records that you're reading, the

1358
01:14:56,180 --> 01:14:58,880
Walmart case actually precedes that discussion.

1359
01:14:58,880 --> 01:15:01,699
So that conversation that you have pointed out to or the

1360
01:15:01,699 --> 01:15:04,569
meeting minutes that you've pointed out are actually in

1361
01:15:04,569 --> 01:15:07,880
reference to a previous case, not the Walmart zoning case.

1362
01:15:07,880 --> 01:15:11,670
So that preservation paragraph that you were referring to

1363
01:15:11,670 --> 01:15:13,880
is not applicable.

1364
01:15:13,880 --> 01:15:18,819
And I'd be happy to sit down with you and go over all the

1365
01:15:18,819 --> 01:15:23,880
documents that we do have and share those with you.

1366
01:15:23,880 --> 01:15:24,880
Commissioner Beck.

1367
01:15:24,880 --> 01:15:30,710
Thank you, Chair. If I may, Menal. So if, as Mr. Blentley

1368
01:15:30,710 --> 01:15:34,880
says, staff and somebody from Walmart said something

1369
01:15:34,880 --> 01:15:36,880
specifically and it is on record.

1370
01:15:36,880 --> 01:15:39,850
It's in the minutes. That's not an official record of any

1371
01:15:39,850 --> 01:15:40,880
kind that we can --

1372
01:15:40,880 --> 01:15:42,880
It was a discussion that potentially occurred.

1373
01:15:42,880 --> 01:15:45,180
The developer did indicate that as part of the

1374
01:15:45,180 --> 01:15:48,350
infrastructure development, when you look at the meeting

1375
01:15:48,350 --> 01:15:50,880
minutes, it references the Walmart site.

1376
01:15:50,880 --> 01:15:54,329
What Mr. Blentley, in my understanding, is referring to is

1377
01:15:54,329 --> 01:15:56,880
a previous discussion on a previous case.

1378
01:15:56,880 --> 01:15:59,750
However, Mr. Bentley is correct in saying that the Walmart

1379
01:15:59,750 --> 01:16:02,949
developer or the representative of Walmart at that time, I

1380
01:16:02,949 --> 01:16:05,880
believe it was a -- done away in associates.

1381
01:16:05,880 --> 01:16:06,880
I'm not quite sure.

1382
01:16:06,880 --> 01:16:10,710
But they indicated that they would be utilizing that area

1383
01:16:10,710 --> 01:16:14,880
for signage, perhaps some infrastructure development.

1384
01:16:14,880 --> 01:16:18,539
Now, that does not preclude for future development to occur

1385
01:16:18,539 --> 01:16:21,880
and for replatting or subdivision of land to occur.

1386
01:16:21,880 --> 01:16:26,260
However, unfortunately, through meeting minutes, none of

1387
01:16:26,260 --> 01:16:30,239
that information was memorialized as part of that zoning

1388
01:16:30,239 --> 01:16:31,880
change ordinance.

1389
01:16:31,880 --> 01:16:36,159
So there is no documentation that then supports the

1390
01:16:36,159 --> 01:16:38,880
preservation of those trees.

1391
01:16:38,880 --> 01:16:43,869
Ms. Molladad, I'm going to take serious issue with some

1392
01:16:43,869 --> 01:16:46,880
statements you just made because --

1393
01:16:46,880 --> 01:16:50,630
I think, Mr. Bentley, maybe the more proper way to handle

1394
01:16:50,630 --> 01:16:52,880
this is what we offered earlier.

1395
01:16:52,880 --> 01:16:55,239
I think it would be best served for all involved and all

1396
01:16:55,239 --> 01:16:57,880
the people in the audience for whatever the questions are

1397
01:16:57,880 --> 01:16:59,880
to get together and let's get to the bottom.

1398
01:16:59,880 --> 01:17:02,560
Because right now we have no documents in front of us that

1399
01:17:02,560 --> 01:17:05,180
can get to the bottom of the points and the concerns that

1400
01:17:05,180 --> 01:17:05,880
you have.

1401
01:17:05,880 --> 01:17:09,880
Okay.

1402
01:17:09,880 --> 01:17:15,010
So we're going to continue on in this with our -- I think

1403
01:17:15,010 --> 01:17:19,880
we are still -- are we still open public hearing?

1404
01:17:19,880 --> 01:17:23,100
We still have -- we have a motion that's been made and not

1405
01:17:23,100 --> 01:17:23,880
seconded.

1406
01:17:23,880 --> 01:17:24,880
Okay.

1407
01:17:24,880 --> 01:17:29,880
And it was a motion to continue for 30 days.

1408
01:17:29,880 --> 01:17:30,880
Okay.

1409
01:17:30,880 --> 01:17:31,880
So --

1410
01:17:31,880 --> 01:17:34,880
Did you -- was it a second you didn't get one?

1411
01:17:34,880 --> 01:17:42,880
I don't think we had a motion at that -- a formal motion.

1412
01:17:42,880 --> 01:17:43,880
Okay.

1413
01:17:43,880 --> 01:17:44,880
You're correct.

1414
01:17:44,880 --> 01:17:47,039
The public hearing has been closed and we have a motion on

1415
01:17:47,039 --> 01:17:48,880
the floor and we're going to do discussion.

1416
01:17:48,880 --> 01:17:51,619
So give us some time here to talk through this and let's

1417
01:17:51,619 --> 01:17:53,880
see where we end up on this item tonight.

1418
01:17:53,880 --> 01:17:57,880
So we have a motion on the floor to table for 30 days.

1419
01:17:57,880 --> 01:18:02,199
I think we had a clarification that P&Z will be the final

1420
01:18:02,199 --> 01:18:05,880
city body that will make a decision on this.

1421
01:18:05,880 --> 01:18:07,880
This will not move on to city council.

1422
01:18:07,880 --> 01:18:13,949
So wherever the decision of P&Z board on this item is, that

1423
01:18:13,949 --> 01:18:17,880
will be where it goes at this point.

1424
01:18:17,880 --> 01:18:18,880
Correct?

1425
01:18:18,880 --> 01:18:19,880
Correct.

1426
01:18:19,880 --> 01:18:24,039
I'm just going to say if you could put the motion on the

1427
01:18:24,039 --> 01:18:24,880
board.

1428
01:18:24,880 --> 01:18:26,880
I think we've got it in Commissioner Rozelle.

1429
01:18:26,880 --> 01:18:32,880
I recognize Commissioner Rozelle for --

1430
01:18:32,880 --> 01:18:37,090
So given the motion that's on the floor, I just wanted to

1431
01:18:37,090 --> 01:18:43,880
speak into my hesitancy to vote for that motion, namely

1432
01:18:43,880 --> 01:18:45,880
because it seems convoluted.

1433
01:18:45,880 --> 01:18:48,390
And I appreciate Mr. Bentley's efforts and the city's

1434
01:18:48,390 --> 01:18:50,880
efforts to cull through seems like a lot of documents,

1435
01:18:50,880 --> 01:18:54,029
and I'm not underestimating the work put forth into trying

1436
01:18:54,029 --> 01:18:55,880
to understand what happened.

1437
01:18:55,880 --> 01:18:59,340
But where I sit, it still seems unclear that if there was a

1438
01:18:59,340 --> 01:19:01,880
protection back then, what it actually entailed.

1439
01:19:01,880 --> 01:19:07,779
And given that the applicant is coming under the provision

1440
01:19:07,779 --> 01:19:10,880
of current tree ordinances,

1441
01:19:10,880 --> 01:19:16,090
if the property was to come to us fresh, they're abiding by

1442
01:19:16,090 --> 01:19:17,880
current statute,

1443
01:19:17,880 --> 01:19:21,270
I just don't know if tabling this would be the appropriate

1444
01:19:21,270 --> 01:19:24,880
action if in 30 days we come back to the same conclusion,

1445
01:19:24,880 --> 01:19:30,060
because I do trust the city's and attorney's work to

1446
01:19:30,060 --> 01:19:34,880
understand what happened 22 years ago.

1447
01:19:34,880 --> 01:19:35,880
Commissioner Beck.

1448
01:19:35,880 --> 01:19:36,880
Thank you, Chair.

1449
01:19:36,880 --> 01:19:37,880
And I agree.

1450
01:19:37,880 --> 01:19:38,880
I trust them too.

1451
01:19:38,880 --> 01:19:43,640
It's not that it's just that for whatever reasons, the city

1452
01:19:43,640 --> 01:19:49,609
didn't also, you know, staff and commissioners, elected

1453
01:19:49,609 --> 01:19:50,880
officials.

1454
01:19:50,880 --> 01:19:54,100
There's a sense out there with some in the public, you know

1455
01:19:54,100 --> 01:19:57,579
, of a little mistrust and just delaying this, I realize may

1456
01:19:57,579 --> 01:19:58,880
not change anything.

1457
01:19:58,880 --> 01:20:02,510
But it just gives that that that second chance to make sure

1458
01:20:02,510 --> 01:20:05,449
that we've read everything clearly and that we can come

1459
01:20:05,449 --> 01:20:06,880
back and feel comfortable about it

1460
01:20:06,880 --> 01:20:10,100
and put anybody that doesn't feel comfortable about it at

1461
01:20:10,100 --> 01:20:12,880
ease that at least they had that opportunity.

1462
01:20:12,880 --> 01:20:19,659
So I would encourage us that we adopt this motion, table it

1463
01:20:19,659 --> 01:20:21,880
for 30 days.

1464
01:20:21,880 --> 01:20:22,880
Okay.

1465
01:20:22,880 --> 01:20:27,079
Do you feel like there hasn't been enough discussion on it

1466
01:20:27,079 --> 01:20:27,880
so far?

1467
01:20:27,880 --> 01:20:31,880
I do, yes.

1468
01:20:31,880 --> 01:20:35,810
I'm not sure that there's a sense out there with some of

1469
01:20:35,810 --> 01:20:37,880
the citizens that there is.

1470
01:20:37,880 --> 01:20:40,880
And I want that opportunity to vell itself to them.

1471
01:20:40,880 --> 01:20:44,310
So there there there isn't any question for an opportunity

1472
01:20:44,310 --> 01:20:48,109
for Mr. Bentley to sit down with our planning director and

1473
01:20:48,109 --> 01:20:49,880
get the kinks worked out.

1474
01:20:49,880 --> 01:20:54,130
And if it's still the same, then I'll have no choice then

1475
01:20:54,130 --> 01:20:55,880
to vote against it.

1476
01:20:55,880 --> 01:20:56,880
Okay.

1477
01:20:56,880 --> 01:21:01,640
But I think for the purpose of just feeling good about the

1478
01:21:01,640 --> 01:21:05,109
whole thing, if I can say that, if it sounds a little

1479
01:21:05,109 --> 01:21:07,880
immature, that we have done everything.

1480
01:21:07,880 --> 01:21:08,880
We have taken our.

1481
01:21:08,880 --> 01:21:12,000
Not that again, I'm accused and all are legal that they

1482
01:21:12,000 --> 01:21:13,880
haven't honestly tried that.

1483
01:21:13,880 --> 01:21:17,880
But until this minute, I didn't have any doubts either.

1484
01:21:17,880 --> 01:21:18,880
Now I do.

1485
01:21:18,880 --> 01:21:21,909
And I just think if we could take that extra little time

1486
01:21:21,909 --> 01:21:23,880
and walk it back one more time.

1487
01:21:23,880 --> 01:21:24,880
Okay.

1488
01:21:24,880 --> 01:21:25,880
Okay.

1489
01:21:25,880 --> 01:21:26,880
Thank you.

1490
01:21:26,880 --> 01:21:27,880
Commissioner Ellis.

1491
01:21:27,880 --> 01:21:28,880
Thank you, Chair.

1492
01:21:28,880 --> 01:21:31,880
Mr. Bentley, I do appreciate your comments.

1493
01:21:31,880 --> 01:21:35,220
And I would urge you to sit down with this very competent

1494
01:21:35,220 --> 01:21:36,880
and hardworking staff.

1495
01:21:36,880 --> 01:21:40,880
My question to staff would be, if we would postpone this,

1496
01:21:40,880 --> 01:21:43,710
is there anything else for you to look at that you haven't

1497
01:21:43,710 --> 01:21:44,880
already looked at?

1498
01:21:44,880 --> 01:21:49,109
Because then we're really just wasting the time of yours

1499
01:21:49,109 --> 01:21:51,880
and the applicants at this point.

1500
01:21:51,880 --> 01:21:54,500
Commissioner Ellis, at this point, given the extensive

1501
01:21:54,500 --> 01:21:57,619
research we've conducted, not just prior to this item being

1502
01:21:57,619 --> 01:22:01,039
placed on the agenda, but actually from the onset of a

1503
01:22:01,039 --> 01:22:03,880
reconnaissance meeting that started with the applicant.

1504
01:22:03,880 --> 01:22:07,029
So this has been, the research was conducted many, many

1505
01:22:07,029 --> 01:22:07,880
months ago.

1506
01:22:07,880 --> 01:22:10,720
And this information was also provided to certain members

1507
01:22:10,720 --> 01:22:12,880
of the community many, many months ago.

1508
01:22:12,880 --> 01:22:16,970
So based on my understanding, we can revisit all the data

1509
01:22:16,970 --> 01:22:19,880
again and all the information again.

1510
01:22:19,880 --> 01:22:23,029
But at this point, given what I have in front of me in my

1511
01:22:23,029 --> 01:22:26,970
capacity and in my position, I would come back with the

1512
01:22:26,970 --> 01:22:29,880
same recommendation to the PNC.

1513
01:22:29,880 --> 01:22:31,880
Commissioner Sullivan.

1514
01:22:31,880 --> 01:22:32,880
Thank you, Chair.

1515
01:22:32,880 --> 01:22:39,180
I appreciate the concern, things that happened 20, 30 years

1516
01:22:39,180 --> 01:22:39,880
ago.

1517
01:22:39,880 --> 01:22:43,630
And I understand your situation and position and everything

1518
01:22:43,630 --> 01:22:43,880
.

1519
01:22:43,880 --> 01:22:48,199
When we have the current developer coming in saying that

1520
01:22:48,199 --> 01:22:53,250
they are going to go by today's tree mitigation program and

1521
01:22:53,250 --> 01:22:57,409
do the things that need to be done to offset whatever

1522
01:22:57,409 --> 01:23:00,479
damages are going to be done and trees removed and new

1523
01:23:00,479 --> 01:23:01,880
trees planted,

1524
01:23:01,880 --> 01:23:06,159
I'm more, I lean more towards what's going on today and not

1525
01:23:06,159 --> 01:23:08,880
what happened 30 years ago.

1526
01:23:08,880 --> 01:23:13,880
Raising canes wasn't even a business 30 years ago.

1527
01:23:13,880 --> 01:23:19,439
So things change, times change, and I think that if we have

1528
01:23:19,439 --> 01:23:22,689
the current developer who says this is what we're going to

1529
01:23:22,689 --> 01:23:24,880
do and have him on record of saying it,

1530
01:23:24,880 --> 01:23:30,239
30 days from now, I'd be much more in a mood to hold their

1531
01:23:30,239 --> 01:23:34,989
feet to the fire than I would something that happened

1532
01:23:34,989 --> 01:23:39,689
before no one on this board was on the PNC board at that

1533
01:23:39,689 --> 01:23:40,880
point.

1534
01:23:40,880 --> 01:23:44,319
And so I don't think that we can be held by something that

1535
01:23:44,319 --> 01:23:48,170
was said 30 years ago and try to make decisions in today's

1536
01:23:48,170 --> 01:23:48,880
world.

1537
01:23:48,880 --> 01:23:53,569
And so that's, you know, I'm just hesitant to postpone this

1538
01:23:53,569 --> 01:23:54,880
any further.

1539
01:23:54,880 --> 01:23:58,149
Let the developer do his thing and come back with a site

1540
01:23:58,149 --> 01:24:01,550
plan and hold their feet to the fire that they are going to

1541
01:24:01,550 --> 01:24:04,880
do what they say they're going to do with the trees.

1542
01:24:04,880 --> 01:24:09,880
Thank you.

1543
01:24:09,880 --> 01:24:23,880
We have a motion on the floor to postpone. We're going to

1544
01:24:23,880 --> 01:24:23,880
have a second.

1545
01:24:23,880 --> 01:24:38,289
I declare that that motion fails and the chair will

1546
01:24:38,289 --> 01:24:44,880
entertain a new motion.

1547
01:24:44,880 --> 01:24:59,880
It's not clear.

1548
01:24:59,880 --> 01:25:02,880
It's clear now. Thank you. No problem.

1549
01:25:02,880 --> 01:25:06,000
So the previous motion has failed for lack of a second. It

1550
01:25:06,000 --> 01:25:06,880
has been cleared.

1551
01:25:06,880 --> 01:25:09,880
Commissioner Taylor.

1552
01:25:09,880 --> 01:25:16,880
I'll jump on this hand grenade.

1553
01:25:16,880 --> 01:25:19,560
This is the fate of these trees and that fate of that

1554
01:25:19,560 --> 01:25:24,359
corner really bothers me because, you know, for the last 20

1555
01:25:24,359 --> 01:25:26,609
something years, it's had a plaque talking about how it's

1556
01:25:26,609 --> 01:25:27,880
been preserved.

1557
01:25:27,880 --> 01:25:36,449
It's part of the cast iron forest, the post oak forest of

1558
01:25:36,449 --> 01:25:41,880
Denton, which is diminishing.

1559
01:25:41,880 --> 01:25:46,479
It really frustrates me that there was nothing binding in

1560
01:25:46,479 --> 01:25:48,880
1995, but there wasn't.

1561
01:25:48,880 --> 01:25:52,539
We didn't have tree ordinances at that time. We didn't have

1562
01:25:52,539 --> 01:25:54,880
binding preservation ordinances at that time.

1563
01:25:54,880 --> 01:25:58,880
And, you know, we're paying the price for that now.

1564
01:25:58,880 --> 01:26:03,140
If in 1995 we would have had preservation ordinances, the

1565
01:26:03,140 --> 01:26:07,329
key here is they're following the new ordinance for their

1566
01:26:07,329 --> 01:26:08,880
little half acre.

1567
01:26:08,880 --> 01:26:12,970
But the entire 200 acre development had trees that they

1568
01:26:12,970 --> 01:26:16,880
removed on the promise of keeping this little half acre.

1569
01:26:16,880 --> 01:26:23,520
All that said, none of that stuff on a plat in 1995 is

1570
01:26:23,520 --> 01:26:25,890
binding. You know, if it isn't written in a plat note or

1571
01:26:25,890 --> 01:26:29,560
there isn't an additional ordinance somewhere, we can't

1572
01:26:29,560 --> 01:26:31,880
enforce a law that doesn't exist.

1573
01:26:31,880 --> 01:26:36,880
So for those reasons, I move that we approve this plat.

1574
01:26:36,880 --> 01:26:37,880
Commissioner Reynolds.

1575
01:26:37,880 --> 01:26:42,649
Thank you, Chair. And I will echo Commissioner Taylor's

1576
01:26:42,649 --> 01:26:43,880
remarks.

1577
01:26:43,880 --> 01:26:47,630
I will second this motion. It is a gorgeous lot. The trees

1578
01:26:47,630 --> 01:26:48,880
are amazing.

1579
01:26:48,880 --> 01:26:52,970
We don't have any reason to deny this replat is basically

1580
01:26:52,970 --> 01:26:56,880
what it has come down to, which is why I will second this.

1581
01:26:56,880 --> 01:26:59,880
It is an excellent learning plan going forward.

1582
01:26:59,880 --> 01:27:03,489
I think we've made improvements from 1995 and putting

1583
01:27:03,489 --> 01:27:06,880
things on plats now that will be binding for the future.

1584
01:27:06,880 --> 01:27:11,880
But right now, this is what we can do.

1585
01:27:11,880 --> 01:27:15,020
So we have a first and a second for approval. Commissioner

1586
01:27:15,020 --> 01:27:15,880
Rosell.

1587
01:27:15,880 --> 01:27:18,750
Thank you, Chair. As we had this discussion and some of

1588
01:27:18,750 --> 01:27:20,880
this banter, it kind of dawned on me.

1589
01:27:20,880 --> 01:27:24,039
We are talking historically how the words of promises of

1590
01:27:24,039 --> 01:27:25,880
developers are not binding.

1591
01:27:25,880 --> 01:27:27,880
It needs to be on a plat note. It needs to be something.

1592
01:27:27,880 --> 01:27:32,029
And so we can't go forward with Walmart 95 saying, we

1593
01:27:32,029 --> 01:27:33,880
protect these trees.

1594
01:27:33,880 --> 01:27:35,930
Well, it dawns on me a little bit ironic that we have a

1595
01:27:35,930 --> 01:27:37,880
developer saying he's going to do something.

1596
01:27:37,880 --> 01:27:42,880
And I'm just wondering, is that binding going forward?

1597
01:27:42,880 --> 01:27:46,609
He's promising to protect those trees, but it's a volunteer

1598
01:27:46,609 --> 01:27:46,880
act.

1599
01:27:46,880 --> 01:27:52,039
I'm wondering if in 30 days or six days, we're like, oh, he

1600
01:27:52,039 --> 01:27:53,880
decided not to do that.

1601
01:27:53,880 --> 01:27:55,539
And staff can correct me if I'm wrong, but we have to go

1602
01:27:55,539 --> 01:27:57,880
through the site plan process with this,

1603
01:27:57,880 --> 01:28:00,109
which will a part of that required is the tree preservation

1604
01:28:00,109 --> 01:28:01,880
plan that will have to meet the ordinance.

1605
01:28:01,880 --> 01:28:04,739
And so we will actually have to come back and have the

1606
01:28:04,739 --> 01:28:06,880
legal document that is associated with the site plan

1607
01:28:06,880 --> 01:28:11,310
that will memorialize or do that to make that actually part

1608
01:28:11,310 --> 01:28:12,880
of the document.

1609
01:28:12,880 --> 01:28:14,909
Is that a requirement for them is to bring a tree

1610
01:28:14,909 --> 01:28:15,880
mitigation plan?

1611
01:28:15,880 --> 01:28:19,479
Absolutely. As part of the development process, they will

1612
01:28:19,479 --> 01:28:23,880
be required to submit a site plan and a landscape site plan

1613
01:28:23,880 --> 01:28:26,739
and a tree preservation, a tree survey for the tree

1614
01:28:26,739 --> 01:28:28,880
preservation slash mitigation plan.

1615
01:28:28,880 --> 01:28:32,880
That will be reviewed against the Denton Development Code.

1616
01:28:32,880 --> 01:28:35,640
If that is in order, if those documents are in order and

1617
01:28:35,640 --> 01:28:37,880
there are the documents are in order,

1618
01:28:37,880 --> 01:28:40,449
then they will proceed to submit for the building permit

1619
01:28:40,449 --> 01:28:40,880
plan set.

1620
01:28:40,880 --> 01:28:43,619
That will be cross referenced against the approved site

1621
01:28:43,619 --> 01:28:46,029
plan to ensure that it is indeed the same site plan and

1622
01:28:46,029 --> 01:28:46,880
landscape plan.

1623
01:28:46,880 --> 01:28:50,359
Only then will they secure a building permit to break

1624
01:28:50,359 --> 01:28:50,880
ground.

1625
01:28:50,880 --> 01:28:54,800
As we understand that there's a voluntary action by them to

1626
01:28:54,800 --> 01:28:57,880
come under the new plans, is that correct?

1627
01:28:57,880 --> 01:28:59,880
I would actually defer that to legal.

1628
01:28:59,880 --> 01:29:02,560
However, because they're pulling out a portion of a

1629
01:29:02,560 --> 01:29:04,880
property that is plotted and they're replatting it,

1630
01:29:04,880 --> 01:29:14,880
then the new requirements would be applicable to them.

1631
01:29:14,880 --> 01:29:18,880
Thank you for the clarification.

1632
01:29:18,880 --> 01:29:22,289
I will say that I've visited the site and that every tree

1633
01:29:22,289 --> 01:29:26,880
that's on that corner has already been marked, it's tagged.

1634
01:29:26,880 --> 01:29:29,880
And so I assume the tree survey has already been completed

1635
01:29:29,880 --> 01:29:31,880
and all of that is in place

1636
01:29:31,880 --> 01:29:35,449
and the city has full knowledge of exactly what's out there

1637
01:29:35,449 --> 01:29:37,880
and what size and what species it is.

1638
01:29:37,880 --> 01:29:38,880
Commissioner Beck.

1639
01:29:38,880 --> 01:29:39,880
Thank you, Chair.

1640
01:29:39,880 --> 01:29:42,119
Needless to say, I'm a little disappointed that my motion

1641
01:29:42,119 --> 01:29:44,449
didn't go through, but the fact that it did and doesn't

1642
01:29:44,449 --> 01:29:44,880
upset me,

1643
01:29:44,880 --> 01:29:48,579
and I could be on or in, do a protest vote and it wouldn't

1644
01:29:48,579 --> 01:29:49,880
do any good either.

1645
01:29:49,880 --> 01:29:51,840
And I'm not going to do that though because I do have

1646
01:29:51,840 --> 01:29:54,880
confidence in our staff and I want them to know that.

1647
01:29:54,880 --> 01:30:00,880
So that being said, I will vote for this motion myself.

1648
01:30:00,880 --> 01:30:06,880
Okay.

1649
01:30:06,880 --> 01:30:07,880
Any other?

1650
01:30:07,880 --> 01:30:09,880
Commissioner Rosell.

1651
01:30:09,880 --> 01:30:10,880
I'd hate to be a dead horse.

1652
01:30:10,880 --> 01:30:13,859
I'm looking at this email and if I could just give

1653
01:30:13,859 --> 01:30:15,880
additional clarification.

1654
01:30:15,880 --> 01:30:18,550
It says, "It is important to note that developer in this

1655
01:30:18,550 --> 01:30:21,880
case does not have any tree preservation requirements

1656
01:30:21,880 --> 01:30:24,720
and is going above and beyond what is required in this case

1657
01:30:24,720 --> 01:30:27,880
, incidentally, what is required under current code."

1658
01:30:27,880 --> 01:30:32,880
Can you help reconcile that to that they are required?

1659
01:30:32,880 --> 01:30:33,880
I'm sorry.

1660
01:30:33,880 --> 01:30:35,880
What document are you referring to?

1661
01:30:35,880 --> 01:30:38,880
This is an email from Jennifer DeCurtis.

1662
01:30:38,880 --> 01:30:40,880
Would you please respond?

1663
01:30:40,880 --> 01:30:45,880
Sure.

1664
01:30:45,880 --> 01:30:51,989
I think that in order for them to get vested rights, they

1665
01:30:51,989 --> 01:30:54,489
have to file a vested rights petition in accordance with

1666
01:30:54,489 --> 01:30:55,880
our DDC.

1667
01:30:55,880 --> 01:30:59,880
So I can't make that determination alone.

1668
01:30:59,880 --> 01:31:03,300
I think that's made by the city manager, whether or not

1669
01:31:03,300 --> 01:31:04,880
that they're vested.

1670
01:31:04,880 --> 01:31:09,710
But absent vesting, they're willing to do it without the

1671
01:31:09,710 --> 01:31:10,880
petition.

1672
01:31:10,880 --> 01:31:14,880
So at this point, it's consensual.

1673
01:31:14,880 --> 01:31:18,119
So if I understand you correctly, they fall under current

1674
01:31:18,119 --> 01:31:20,880
code unless they were to apply for vested rights.

1675
01:31:20,880 --> 01:31:21,880
That's correct.

1676
01:31:21,880 --> 01:31:24,880
But they are deferring, it seems like.

1677
01:31:24,880 --> 01:31:25,880
That's correct.

1678
01:31:25,880 --> 01:31:26,880
Gotcha.

1679
01:31:26,880 --> 01:31:27,880
Okay.

1680
01:31:27,880 --> 01:31:28,880
Thank you.

1681
01:31:28,880 --> 01:31:29,880
Sorry.

1682
01:31:29,880 --> 01:31:33,880
I had to wander down that path.

1683
01:31:33,880 --> 01:31:37,880
Any other discussion or comments?

1684
01:31:37,880 --> 01:31:38,880
I'll make one quick one.

1685
01:31:38,880 --> 01:31:42,079
I know we sit up here a lot of times and talk about

1686
01:31:42,079 --> 01:31:44,880
developers' promises and failures.

1687
01:31:44,880 --> 01:31:47,789
And I want to remind everybody on this commission that the

1688
01:31:47,789 --> 01:31:50,689
beautiful city of Denton that we live in is built by

1689
01:31:50,689 --> 01:31:52,880
builders and developers.

1690
01:31:52,880 --> 01:31:55,050
And I know there's a lot of conversation about tree

1691
01:31:55,050 --> 01:31:55,880
preservation.

1692
01:31:55,880 --> 01:31:59,649
And I think when we all reviewed the ordinance that we're

1693
01:31:59,649 --> 01:32:03,260
still working on in the survey, I think Denton has the

1694
01:32:03,260 --> 01:32:05,880
highest in our area of tree canopy.

1695
01:32:05,880 --> 01:32:08,880
So I know that it's easy sometimes for us to sit up here on

1696
01:32:08,880 --> 01:32:12,319
this commission and think about the things that maybe haven

1697
01:32:12,319 --> 01:32:16,880
't gone as well as we'd like or promises were made.

1698
01:32:16,880 --> 01:32:20,130
But I think in fairness, when you step back and look

1699
01:32:20,130 --> 01:32:23,659
overall, we have a beautiful city and a lot of people work

1700
01:32:23,659 --> 01:32:24,880
very hard to do it.

1701
01:32:24,880 --> 01:32:28,000
And I want to remember that part as well as some of the

1702
01:32:28,000 --> 01:32:31,479
things that maybe haven't gone as well as we would all like

1703
01:32:31,479 --> 01:32:31,880
.

1704
01:32:31,880 --> 01:32:35,260
Overall, I'm proud of our city and the beautiful buildings

1705
01:32:35,260 --> 01:32:38,109
and things that are here, the trees that we do have

1706
01:32:38,109 --> 01:32:38,880
preserved.

1707
01:32:38,880 --> 01:32:54,180
And with that comment, I'm going to call for a vote on the

1708
01:32:54,180 --> 01:32:56,880
board.

1709
01:32:56,880 --> 01:33:00,880
The motion carries 6 to 0.

1710
01:33:00,880 --> 01:33:05,710
I move us to our final agenda on our public hearing this

1711
01:33:05,710 --> 01:33:06,880
evening.

1712
01:33:06,880 --> 01:33:11,850
Will be agenda item G and I'm going to open the public

1713
01:33:11,850 --> 01:33:15,880
hearing for Z 17 dash 0 0 0 2 C.

1714
01:33:15,880 --> 01:33:21,880
And we'll call on Julie White for presentation.

1715
01:33:21,880 --> 01:33:31,880
I'm Julie Wyatt.

1716
01:33:31,880 --> 01:33:33,880
I didn't know if I was going to be closing it out.

1717
01:33:33,880 --> 01:33:48,880
All right.

1718
01:33:48,880 --> 01:33:49,880
OK, sorry about that.

1719
01:33:49,880 --> 01:33:51,880
All right.

1720
01:33:51,880 --> 01:33:53,880
This is Z 17 2.

1721
01:33:53,880 --> 01:33:56,479
So the request before you is to hold a public hearing and

1722
01:33:56,479 --> 01:33:59,880
consider a recommendation for rezoning for 29 acres.

1723
01:33:59,880 --> 01:34:03,470
The subject property is situated in the southeast part of

1724
01:34:03,470 --> 01:34:04,880
the city of Denton.

1725
01:34:04,880 --> 01:34:11,739
It is bounded by I 35 Lakeview Boulevard and then Shady Sh

1726
01:34:11,739 --> 01:34:14,880
ores Road by sex, the property.

1727
01:34:14,880 --> 01:34:23,439
Current zoning is RCR 1 and RCCD and the proposed use is

1728
01:34:23,439 --> 01:34:25,880
commercial.

1729
01:34:25,880 --> 01:34:28,789
So when we looked at the request, we looked at we did an

1730
01:34:28,789 --> 01:34:31,899
analysis of what analysis of what was around surrounding

1731
01:34:31,899 --> 01:34:32,880
the property.

1732
01:34:32,880 --> 01:34:36,869
So first we started and looking what was adjacent to the

1733
01:34:36,869 --> 01:34:37,880
property.

1734
01:34:37,880 --> 01:34:41,180
If you look to the north of the subject property, that part

1735
01:34:41,180 --> 01:34:43,880
in green, that's a planned development that is mainly made

1736
01:34:43,880 --> 01:34:43,880
up of

1737
01:34:43,880 --> 01:34:48,880
single family residential homes.

1738
01:34:48,880 --> 01:34:49,880
Just adjacent to the property.

1739
01:34:49,880 --> 01:34:51,880
You'll see this area right here.

1740
01:34:51,880 --> 01:34:55,869
This is a this is an open space area that was preserved by

1741
01:34:55,869 --> 01:34:59,880
the plan development has to remain as that is that tree lot

1742
01:34:59,880 --> 01:34:59,880
.

1743
01:34:59,880 --> 01:35:03,289
And then next to it, this this area right here, this is a

1744
01:35:03,289 --> 01:35:03,880
park.

1745
01:35:03,880 --> 01:35:08,399
This is a this this property has an RCCD zoning and that

1746
01:35:08,399 --> 01:35:12,880
has I believe it's being developed with a commercial use.

1747
01:35:12,880 --> 01:35:18,119
This this property here has a residential use on it and it

1748
01:35:18,119 --> 01:35:22,149
is zoned as RCR 1 and this property right here, this is

1749
01:35:22,149 --> 01:35:22,880
part of the subject property.

1750
01:35:22,880 --> 01:35:24,880
That's RCCD as well.

1751
01:35:24,880 --> 01:35:28,970
And this as you can see, this property is located between

1752
01:35:28,970 --> 01:35:30,880
that I 35 corridor.

1753
01:35:30,880 --> 01:35:36,479
And then here we have the DCTA Railroad Corridor as well as

1754
01:35:36,479 --> 01:35:38,880
the rails to trails.

1755
01:35:38,880 --> 01:35:42,399
As we zoom out a little further, we add an additional in

1756
01:35:42,399 --> 01:35:46,170
our 6 single family development as well as more of the plan

1757
01:35:46,170 --> 01:35:46,880
development that's adjacent to it.

1758
01:35:46,880 --> 01:35:49,880
Some more open space as well as some multifamily.

1759
01:35:49,880 --> 01:35:52,699
You can also see some other commercial development that's

1760
01:35:52,699 --> 01:35:54,880
adjacent to I 35 outside of the city.

1761
01:35:54,880 --> 01:35:58,880
We also looked at the mobility of the area.

1762
01:35:58,880 --> 01:36:01,880
There are several roads that affect the subject property.

1763
01:36:01,880 --> 01:36:06,880
First, I 35 is a pretty big, big road adjacent to it.

1764
01:36:06,880 --> 01:36:11,880
That is that is a highway Lakeview Boulevard is right here.

1765
01:36:11,880 --> 01:36:13,880
It is a primary major arterial.

1766
01:36:13,880 --> 01:36:18,090
It will eventually sort of turn north in this direction and

1767
01:36:18,090 --> 01:36:22,119
link up with post oak to continue on as that primary major

1768
01:36:22,119 --> 01:36:24,880
arterial sometime in the future.

1769
01:36:24,880 --> 01:36:26,880
It's identified in our mobility plan.

1770
01:36:26,880 --> 01:36:30,880
Shady Shores is a collector.

1771
01:36:30,880 --> 01:36:35,680
And then we have once again that green is the trail rails

1772
01:36:35,680 --> 01:36:36,880
to trails.

1773
01:36:36,880 --> 01:36:37,880
And this is the broader area.

1774
01:36:37,880 --> 01:36:40,439
So you can see that this is the entire sort of southeast

1775
01:36:40,439 --> 01:36:40,880
area.

1776
01:36:40,880 --> 01:36:44,119
You can see all the development, all that residential

1777
01:36:44,119 --> 01:36:47,430
development that is that has come in and will continue to

1778
01:36:47,430 --> 01:36:48,880
develop in the area.

1779
01:36:48,880 --> 01:36:52,420
So we look at CMG and what the intent of the proposed CMG

1780
01:36:52,420 --> 01:36:52,880
is.

1781
01:36:52,880 --> 01:36:54,880
It is one of our commercial mixed use zoning districts.

1782
01:36:54,880 --> 01:36:58,050
It's intended to provide the service, the retail, the

1783
01:36:58,050 --> 01:37:01,449
office and the higher density residential uses to serve the

1784
01:37:01,449 --> 01:37:02,880
entire community.

1785
01:37:02,880 --> 01:37:06,250
It's kind of a transitional zoning district between our

1786
01:37:06,250 --> 01:37:10,170
higher, higher intensity, higher scale, regional zoning

1787
01:37:10,170 --> 01:37:15,149
districts and our lower scale, less intense uses of our

1788
01:37:15,149 --> 01:37:18,880
neighborhood mixed use commercial districts.

1789
01:37:18,880 --> 01:37:24,880
CMG requires access to major roadways.

1790
01:37:24,880 --> 01:37:27,289
And as I said, it provides that transition and you can see

1791
01:37:27,289 --> 01:37:28,880
where this property is situated.

1792
01:37:28,880 --> 01:37:32,239
It is situated in kind of a transitional area between the I

1793
01:37:32,239 --> 01:37:35,840
-35, the higher intensity development and then the single

1794
01:37:35,840 --> 01:37:37,880
family residential to the north.

1795
01:37:37,880 --> 01:37:40,880
So this is kind of that transition area.

1796
01:37:40,880 --> 01:37:44,399
There are physical barriers between the subject property

1797
01:37:44,399 --> 01:37:48,000
and those adjacent residential properties to provide some

1798
01:37:48,000 --> 01:37:51,880
additional buffering and transitioning between the uses.

1799
01:37:51,880 --> 01:37:53,880
We also looked at the Denton plan.

1800
01:37:53,880 --> 01:37:57,970
The Denton plan 2030 identifies this area as community

1801
01:37:57,970 --> 01:37:58,880
mixed use.

1802
01:37:58,880 --> 01:38:03,739
The intent of community mixed use is to provide the grocery

1803
01:38:03,739 --> 01:38:08,979
stores, the shopping, the specialty shops and the employers

1804
01:38:08,979 --> 01:38:12,880
and offices that are needed for the community.

1805
01:38:12,880 --> 01:38:17,270
And the uses in CMG align with this future land use

1806
01:38:17,270 --> 01:38:18,880
designation.

1807
01:38:18,880 --> 01:38:22,880
We also looked at where in the city we locate CMG.

1808
01:38:22,880 --> 01:38:26,789
So what kinds of places do we often find this zoning

1809
01:38:26,789 --> 01:38:27,880
district?

1810
01:38:27,880 --> 01:38:32,479
Hopefully this is visible, but just to orient you, this is

1811
01:38:32,479 --> 01:38:34,880
Denton and here's the loop.

1812
01:38:34,880 --> 01:38:38,000
I-35, it comes down, swoops down here and then we have

1813
01:38:38,000 --> 01:38:39,880
university that comes through.

1814
01:38:39,880 --> 01:38:41,880
And so you can see those areas in pink.

1815
01:38:41,880 --> 01:38:43,880
Those are our CMG zoning district.

1816
01:38:43,880 --> 01:38:47,439
And you can see it's often found in arterioles, often at

1817
01:38:47,439 --> 01:38:51,279
intersections and nearby to residential neighborhoods to

1818
01:38:51,279 --> 01:38:53,880
provide those necessary services.

1819
01:38:53,880 --> 01:38:55,880
This is the southern portion.

1820
01:38:55,880 --> 01:38:58,880
This area in the red circle, that's our subject property.

1821
01:38:58,880 --> 01:39:02,170
So you can kind of see that the future land use identified

1822
01:39:02,170 --> 01:39:05,460
this area is kind of a commercial center that they wanted

1823
01:39:05,460 --> 01:39:06,880
to see it to develop.

1824
01:39:06,880 --> 01:39:11,090
We did compare the permitted uses and the development scale

1825
01:39:11,090 --> 01:39:13,880
within all three zoning districts.

1826
01:39:13,880 --> 01:39:17,130
I know we've talked about CMG, but just to talk about RCR 1

1827
01:39:17,130 --> 01:39:17,880
and RCCD.

1828
01:39:17,880 --> 01:39:22,810
RCR 1 is regional center commercial, I mean, regional

1829
01:39:22,810 --> 01:39:24,880
center residential 1.

1830
01:39:24,880 --> 01:39:28,460
And it is a mixed use zoning district that it's intended to

1831
01:39:28,460 --> 01:39:30,880
have commercial uses as well as some higher density

1832
01:39:30,880 --> 01:39:34,689
residential uses to provide that kind of mixed use, but

1833
01:39:34,689 --> 01:39:36,880
smaller scale mixed use development.

1834
01:39:36,880 --> 01:39:40,149
RCCD is one of our highest, most intense zoning districts

1835
01:39:40,149 --> 01:39:41,880
within the city of Denton.

1836
01:39:41,880 --> 01:39:45,970
It is also mixed use and it permits development at a very

1837
01:39:45,970 --> 01:39:49,880
high scale and intensity in terms of commercial.

1838
01:39:49,880 --> 01:39:54,880
So as you can see, and it was in your backup, the uses and

1839
01:39:54,880 --> 01:39:56,880
how those compare.

1840
01:39:56,880 --> 01:40:01,439
And then the development scale of CMG permits the 65 feet,

1841
01:40:01,439 --> 01:40:06,239
RCR 1 is 40 feet, and then the RCCD is 100 feet maximum

1842
01:40:06,239 --> 01:40:07,880
building height.

1843
01:40:07,880 --> 01:40:15,340
Public notification was sent out and we received one letter

1844
01:40:15,340 --> 01:40:16,880
in favor.

1845
01:40:16,880 --> 01:40:19,640
And so based upon the considerations I talked about, the

1846
01:40:19,640 --> 01:40:22,180
future land use staff does recommend approval of the

1847
01:40:22,180 --> 01:40:22,880
request.

1848
01:40:22,880 --> 01:40:25,880
I know you'll have some questions in work sessions.

1849
01:40:25,880 --> 01:40:30,880
So I did want to hopefully, if I haven't gotten out of it,

1850
01:40:30,880 --> 01:40:34,609
I know Commissioner Taylor wanted to know about the flood

1851
01:40:34,609 --> 01:40:37,880
way and some of the environmental aspects to the site.

1852
01:40:37,880 --> 01:40:39,880
So I wanted to, so you asked that I pull that up.

1853
01:40:39,880 --> 01:40:40,880
So here we go.

1854
01:40:40,880 --> 01:40:46,880
It's a little busy, but here's the subject property here.

1855
01:40:46,880 --> 01:40:48,880
You can kind of see the outline.

1856
01:40:48,880 --> 01:40:49,880
And you're correct.

1857
01:40:49,880 --> 01:40:54,399
A lot of the back end or the north end of the property is

1858
01:40:54,399 --> 01:40:56,880
encumbered by floodway.

1859
01:40:56,880 --> 01:41:00,880
And that will have to be addressed before it's developed.

1860
01:41:00,880 --> 01:41:03,880
It's also encumbered by environmentally sensitive areas.

1861
01:41:03,880 --> 01:41:07,789
So if the development did want to impact those

1862
01:41:07,789 --> 01:41:12,729
environmentally sensitive areas in a way that was in

1863
01:41:12,729 --> 01:41:16,880
accordance with the regulations, that they would have to,

1864
01:41:16,880 --> 01:41:20,880
per the Denton Development Code, obtain approval for that

1865
01:41:20,880 --> 01:41:23,880
impact from city council.

1866
01:41:23,880 --> 01:41:25,880
And that's through the dual public hearing process.

1867
01:41:25,880 --> 01:41:26,880
So it would come before you.

1868
01:41:26,880 --> 01:41:30,090
So there's a lot that needs to go on on this site before it

1869
01:41:30,090 --> 01:41:33,500
develops, but I know you did ask about that, so I wanted to

1870
01:41:33,500 --> 01:41:34,880
share that with you.

1871
01:41:34,880 --> 01:41:37,880
So I'll answer any questions.

1872
01:41:37,880 --> 01:41:39,880
And the applicant is here.

1873
01:41:39,880 --> 01:41:42,300
While you have that up, is there an upland habitat layer

1874
01:41:42,300 --> 01:41:43,880
that you can turn on on this site?

1875
01:41:43,880 --> 01:41:45,880
There is.

1876
01:41:45,880 --> 01:41:49,449
However, I did want to, upland habitat commercial

1877
01:41:49,449 --> 01:41:53,880
development isn't required to preserve any upland habitat.

1878
01:41:53,880 --> 01:41:56,880
So only residential development is required.

1879
01:41:56,880 --> 01:41:58,760
That's why I turned that off, because it kind of looked a

1880
01:41:58,760 --> 01:41:59,880
little funny with it on there.

1881
01:41:59,880 --> 01:42:03,640
But because it would be, if, now I guess the caveat to that

1882
01:42:03,640 --> 01:42:08,210
, if it did, if the developer did want to develop it with

1883
01:42:08,210 --> 01:42:11,500
residential uses, then that upland habitat would come into

1884
01:42:11,500 --> 01:42:11,880
play.

1885
01:42:11,880 --> 01:42:15,000
So as it's proposed, it would not, the upland habitat would

1886
01:42:15,000 --> 01:42:16,880
not be required to be preserved.

1887
01:42:16,880 --> 01:42:21,409
But if a residential use did come forward, a multifamily or

1888
01:42:21,409 --> 01:42:26,130
a town home project, they would have to preserve 50% of

1889
01:42:26,130 --> 01:42:30,880
that, of that habitat contiguous to adjacent properties.

1890
01:42:30,880 --> 01:42:34,880
So my apologies, I'm mostly familiar with residential.

1891
01:42:34,880 --> 01:42:35,880
A lot of green.

1892
01:42:35,880 --> 01:42:36,880
I'm like, wow.

1893
01:42:36,880 --> 01:42:38,880
Yeah, it's.

1894
01:42:38,880 --> 01:42:40,880
So any other questions?

1895
01:42:40,880 --> 01:42:41,880
Yes, Commissioner Taylor.

1896
01:42:41,880 --> 01:42:42,880
Thank you, Chair.

1897
01:42:42,880 --> 01:42:46,310
Could we walk through these colors, maybe one layer at a

1898
01:42:46,310 --> 01:42:46,880
time?

1899
01:42:46,880 --> 01:42:47,880
All right.

1900
01:42:47,880 --> 01:42:48,880
I'll see what.

1901
01:42:48,880 --> 01:42:49,880
So starting with the floodplain here.

1902
01:42:49,880 --> 01:42:52,880
I may get engineering involved on this one.

1903
01:42:52,880 --> 01:42:56,880
So the, the two colors of blue would be actual floodplain.

1904
01:42:56,880 --> 01:43:00,880
The red is like a 500 year, not really binding floodplain.

1905
01:43:00,880 --> 01:43:03,880
And this is actually the floodway.

1906
01:43:03,880 --> 01:43:04,880
The dark blue.

1907
01:43:04,880 --> 01:43:05,880
Yes, sir.

1908
01:43:05,880 --> 01:43:09,449
Jim may be able to speak a little more fluently about this,

1909
01:43:09,449 --> 01:43:13,109
but there are, there are provisions that they would have to

1910
01:43:13,109 --> 01:43:16,770
work through with FEMA and with the city in order to, to

1911
01:43:16,770 --> 01:43:17,880
impact that.

1912
01:43:17,880 --> 01:43:20,880
And here comes Jim.

1913
01:43:20,880 --> 01:43:21,880
Good evening.

1914
01:43:21,880 --> 01:43:22,880
I'm Jim Jenks.

1915
01:43:22,880 --> 01:43:25,880
I'm with our DRC engineering division.

1916
01:43:25,880 --> 01:43:31,319
Yes, the dark blue connotates the floodway, the 100 year

1917
01:43:31,319 --> 01:43:32,880
FEMA floodway.

1918
01:43:32,880 --> 01:43:37,880
The sort of medium blue is the 100 year floodplain.

1919
01:43:37,880 --> 01:43:42,689
The red is the 500 year floodplain, which we do not

1920
01:43:42,689 --> 01:43:43,880
regulate.

1921
01:43:43,880 --> 01:43:46,880
We do regulate, of course, the floodway in the 100 year.

1922
01:43:46,880 --> 01:43:50,310
And I noticed the, the hashing that I believe that's a, a L

1923
01:43:50,310 --> 01:43:54,649
omer that was done maybe in, I guess in 2007 or 2012, it

1924
01:43:54,649 --> 01:43:56,880
looks like, by the numbers there.

1925
01:43:56,880 --> 01:44:01,029
And so, and that probably cleared up, narrowed up some of

1926
01:44:01,029 --> 01:44:03,880
the floodplain further downstream.

1927
01:44:03,880 --> 01:44:07,729
It's possible that they could do a letter of map revision

1928
01:44:07,729 --> 01:44:11,020
through here, but unlikely that it would get narrower than

1929
01:44:11,020 --> 01:44:11,880
the floodway.

1930
01:44:11,880 --> 01:44:13,880
Is that correct?

1931
01:44:13,880 --> 01:44:18,880
Yes, the floodway is reserved for conveyance of the storm.

1932
01:44:18,880 --> 01:44:22,880
We don't allow fill within the floodway.

1933
01:44:22,880 --> 01:44:28,970
If they want to fill and encroach into the 100 year flood

1934
01:44:28,970 --> 01:44:33,880
plain, they would have to present something to us.

1935
01:44:33,880 --> 01:44:36,449
Once we review, if we approve it, we would forward it to

1936
01:44:36,449 --> 01:44:36,880
FEMA.

1937
01:44:36,880 --> 01:44:38,880
But they would have to mitigate whatever they fill in.

1938
01:44:38,880 --> 01:44:42,260
They would have to take something out elsewhere to make up

1939
01:44:42,260 --> 01:44:42,880
for it.

1940
01:44:42,880 --> 01:44:43,880
Right.

1941
01:44:43,880 --> 01:44:47,170
So, so the light blue is, has some potential for change,

1942
01:44:47,170 --> 01:44:49,880
but the dark blue is very unlikely to ever.

1943
01:44:49,880 --> 01:44:51,880
That's correct.

1944
01:44:51,880 --> 01:44:52,880
Can we move to the next layer?

1945
01:44:52,880 --> 01:44:57,880
I believe the ESA stream riparian buffer.

1946
01:44:57,880 --> 01:45:00,880
Let's turn that off.

1947
01:45:00,880 --> 01:45:02,880
All right.

1948
01:45:02,880 --> 01:45:05,880
And what are these colors?

1949
01:45:05,880 --> 01:45:08,880
Let's make sure I.

1950
01:45:08,880 --> 01:45:09,880
All right.

1951
01:45:09,880 --> 01:45:16,130
So we have, that looks like 100, that looks like 100 foot

1952
01:45:16,130 --> 01:45:16,880
stream buffer.

1953
01:45:16,880 --> 01:45:21,880
So this sort of brownish orange, that is a riparian buffer.

1954
01:45:21,880 --> 01:45:27,880
So that appears to be a 100 foot riparian buffer.

1955
01:45:27,880 --> 01:45:30,920
The way I understand it is from the center line of the

1956
01:45:30,920 --> 01:45:33,880
stream, it would be 100 feet each way.

1957
01:45:33,880 --> 01:45:34,880
Is that right?

1958
01:45:34,880 --> 01:45:36,880
Yes.

1959
01:45:36,880 --> 01:45:41,979
So, so in order to impact that, they would have to go

1960
01:45:41,979 --> 01:45:44,880
through that, go through an alternative ESA plan,

1961
01:45:44,880 --> 01:45:53,239
which would require the dual public hearing and would

1962
01:45:53,239 --> 01:45:58,880
require approval from city council.

1963
01:45:58,880 --> 01:46:02,880
And then the purple would be the ESA floodplain.

1964
01:46:02,880 --> 01:46:05,560
My understanding and conversations with our water

1965
01:46:05,560 --> 01:46:08,880
administration is that generally follows the floodplain.

1966
01:46:08,880 --> 01:46:15,739
So. So in this map, they might go to a lot of engineering

1967
01:46:15,739 --> 01:46:18,510
effort and get some of the purple back, some of that flood

1968
01:46:18,510 --> 01:46:18,880
plain.

1969
01:46:18,880 --> 01:46:22,970
But again, they'd have to contend with an alternative ESA

1970
01:46:22,970 --> 01:46:25,880
if they enter the brownish color.

1971
01:46:25,880 --> 01:46:30,079
And then it would be very unlikely that they could get FEMA

1972
01:46:30,079 --> 01:46:32,880
approval to go into the floodway.

1973
01:46:32,880 --> 01:46:35,880
Like on the previous, the dark blue on the previous map.

1974
01:46:35,880 --> 01:46:41,100
As far as the FEMA issue, yes, I can't see them approving a

1975
01:46:41,100 --> 01:46:43,880
narrowing of the floodway.

1976
01:46:43,880 --> 01:46:44,880
And one more thing.

1977
01:46:44,880 --> 01:46:48,079
So this is a 100 foot, is it 100 feet each direction from

1978
01:46:48,079 --> 01:46:52,000
the center line or is it 100 feet wide, 50 feet from the

1979
01:46:52,000 --> 01:46:52,880
center line?

1980
01:46:52,880 --> 01:46:55,880
I'm questioning myself.

1981
01:46:55,880 --> 01:46:58,880
Let me see.

1982
01:46:58,880 --> 01:47:23,880
I don't know if this will tell me, but I'll find out.

1983
01:47:23,880 --> 01:47:25,880
It just defines the right hearing buffer.

1984
01:47:25,880 --> 01:47:28,880
It doesn't give me a.

1985
01:47:28,880 --> 01:47:31,939
Is it possible to just measure on the screen approximately

1986
01:47:31,939 --> 01:47:32,880
how wide that.

1987
01:47:32,880 --> 01:47:33,880
I can try.

1988
01:47:33,880 --> 01:47:45,880
The measuring tool doesn't always work for me.

1989
01:47:45,880 --> 01:47:49,880
Cross your fingers.

1990
01:47:49,880 --> 01:47:51,880
So it looks like.

1991
01:47:51,880 --> 01:47:54,189
There there's room for error on these maps and the

1992
01:47:54,189 --> 01:47:55,880
projection can be a little off.

1993
01:47:55,880 --> 01:47:58,880
So it does appear that.

1994
01:47:58,880 --> 01:47:59,880
Let me look at it.

1995
01:47:59,880 --> 01:48:01,880
So it did look like that was 90 feet.

1996
01:48:01,880 --> 01:48:02,880
That was only less than half of it.

1997
01:48:02,880 --> 01:48:03,880
Right.

1998
01:48:03,880 --> 01:48:07,369
So if you zoom out, just one one zoom out to catch just the

1999
01:48:07,369 --> 01:48:08,880
parcel to the north.

2000
01:48:08,880 --> 01:48:11,880
It doesn't.

2001
01:48:11,880 --> 01:48:12,880
There.

2002
01:48:12,880 --> 01:48:16,880
So you're looking at probably a good 200 feet.

2003
01:48:16,880 --> 01:48:20,989
From the railroad tracks will be inside of that riparian

2004
01:48:20,989 --> 01:48:23,880
buffer and floodway.

2005
01:48:23,880 --> 01:48:26,840
And then you have about a hundred feet of railroad track

2006
01:48:26,840 --> 01:48:29,880
easement and then parks to the north.

2007
01:48:29,880 --> 01:48:30,880
That is correct.

2008
01:48:30,880 --> 01:48:31,880
Yeah, there's quite a bit of there.

2009
01:48:31,880 --> 01:48:32,880
Does that help?

2010
01:48:32,880 --> 01:48:33,880
Yeah.

2011
01:48:33,880 --> 01:48:34,880
Okay.

2012
01:48:34,880 --> 01:48:35,880
Thank you.

2013
01:48:35,880 --> 01:48:38,880
Sure.

2014
01:48:38,880 --> 01:48:44,880
Any other questions.

2015
01:48:44,880 --> 01:48:48,880
Any other questions for staff.

2016
01:48:48,880 --> 01:48:49,880
Thank you, Julie.

2017
01:48:49,880 --> 01:48:52,880
Jim.

2018
01:48:52,880 --> 01:48:58,619
This is a public hearing and call the applicant to come

2019
01:48:58,619 --> 01:49:00,880
forward at this time.

2020
01:49:00,880 --> 01:49:03,880
With that 10 minutes.

2021
01:49:03,880 --> 01:49:05,880
10 minutes total.

2022
01:49:05,880 --> 01:49:06,880
Good evening, commissioners.

2023
01:49:06,880 --> 01:49:07,880
Excuse me.

2024
01:49:07,880 --> 01:49:08,880
My name is Michael Clark.

2025
01:49:08,880 --> 01:49:09,880
I'm with Winkleman and Associates.

2026
01:49:09,880 --> 01:49:17,810
I'm here representing the I realty, the owner, John Weber

2027
01:49:17,810 --> 01:49:19,880
with the I realty is here and I

2028
01:49:19,880 --> 01:49:21,880
think would like to speak after me.

2029
01:49:21,880 --> 01:49:24,850
I think Julie did an excellent job of explaining what our

2030
01:49:24,850 --> 01:49:27,880
request is and the surrounding uses

2031
01:49:27,880 --> 01:49:28,880
and things like that.

2032
01:49:28,880 --> 01:49:30,810
One thing I did want to clarify and it's obvious on this

2033
01:49:30,810 --> 01:49:32,880
drawing, so I'm glad it's left up

2034
01:49:32,880 --> 01:49:35,039
because I'm technically challenged and probably couldn't

2035
01:49:35,039 --> 01:49:35,880
get it back up here.

2036
01:49:35,880 --> 01:49:37,880
Is it is a car dealership to our north.

2037
01:49:37,880 --> 01:49:40,489
She mentioned a commercial use and we were unclear what it

2038
01:49:40,489 --> 01:49:40,880
was.

2039
01:49:40,880 --> 01:49:43,819
It's a car dealership right on our I guess it's our west

2040
01:49:43,819 --> 01:49:44,880
property line.

2041
01:49:44,880 --> 01:49:48,880
That 35 turning sideways is a problem for me.

2042
01:49:48,880 --> 01:49:52,859
This CSA drawing is telling from a standpoint, it really

2043
01:49:52,859 --> 01:49:55,880
does show what's going on on the

2044
01:49:55,880 --> 01:49:56,880
property.

2045
01:49:56,880 --> 01:50:00,100
Some of the things I'd like to point out that the I realty

2046
01:50:00,100 --> 01:50:01,880
has done in their purchase of

2047
01:50:01,880 --> 01:50:02,880
the property.

2048
01:50:02,880 --> 01:50:05,880
We performed topographic surveys on the ground.

2049
01:50:05,880 --> 01:50:07,880
We performed on the ground tree surveys.

2050
01:50:07,880 --> 01:50:08,880
Excuse me.

2051
01:50:08,880 --> 01:50:12,670
We've analyzed the flood plain to establish our benchmark

2052
01:50:12,670 --> 01:50:14,880
for any potential modifications.

2053
01:50:14,880 --> 01:50:18,260
In addition, we've established the ESAs with a more formal

2054
01:50:18,260 --> 01:50:19,880
document which your staff has

2055
01:50:19,880 --> 01:50:20,880
approved.

2056
01:50:20,880 --> 01:50:23,479
The way I understand it and I'm not an environmental guy, I

2057
01:50:23,479 --> 01:50:25,880
just kind of do a little bit of everything.

2058
01:50:25,880 --> 01:50:27,880
These are broad brush.

2059
01:50:27,880 --> 01:50:31,250
The brown indicates that there's a riparian buffer zone

2060
01:50:31,250 --> 01:50:31,880
there.

2061
01:50:31,880 --> 01:50:32,880
We've gone out there.

2062
01:50:32,880 --> 01:50:36,069
We've had consultants go out and define where the width of

2063
01:50:36,069 --> 01:50:37,880
that riparian buffer and where

2064
01:50:37,880 --> 01:50:41,250
it is and to find it on a map and your staff has approved

2065
01:50:41,250 --> 01:50:41,880
that.

2066
01:50:41,880 --> 01:50:43,880
That's actually been done.

2067
01:50:43,880 --> 01:50:47,289
All the things necessary for us to meet the staff criteria

2068
01:50:47,289 --> 01:50:48,880
when we come forward with subsequent

2069
01:50:48,880 --> 01:50:52,859
documents being whether it's a flood plain variance request

2070
01:50:52,859 --> 01:50:54,880
, the tree mitigation, tree

2071
01:50:54,880 --> 01:50:56,880
preservation, our site plan, all those things.

2072
01:50:56,880 --> 01:50:59,880
We have all those benchmarks for us to do.

2073
01:50:59,880 --> 01:51:03,000
In order for us to proceed forward, we need zoning that

2074
01:51:03,000 --> 01:51:04,880
would allow the uses that would

2075
01:51:04,880 --> 01:51:07,850
help us move forward to get the questions answered that you

2076
01:51:07,850 --> 01:51:08,880
all want to know.

2077
01:51:08,880 --> 01:51:11,659
I understand that everybody wants to know those questions,

2078
01:51:11,659 --> 01:51:12,880
but until we get an actual site

2079
01:51:12,880 --> 01:51:17,109
plan, I can't tell you that we're going to save this tree

2080
01:51:17,109 --> 01:51:18,880
and that tree and I know we

2081
01:51:18,880 --> 01:51:21,640
just got done talking about promises and things like that,

2082
01:51:21,640 --> 01:51:22,880
but there are a lot of city rules

2083
01:51:22,880 --> 01:51:26,220
and regulations that require developers to meet the ordin

2084
01:51:26,220 --> 01:51:27,880
ances or come before you and

2085
01:51:27,880 --> 01:51:32,329
explain what they're doing to enhance, let me say it a

2086
01:51:32,329 --> 01:51:34,880
different way, what they're doing

2087
01:51:34,880 --> 01:51:38,210
to mitigate the things they're not doing to give you

2088
01:51:38,210 --> 01:51:39,880
something in return.

2089
01:51:39,880 --> 01:51:43,319
So what I'm saying is that we have that information to do

2090
01:51:43,319 --> 01:51:43,880
that.

2091
01:51:43,880 --> 01:51:46,550
In addition, I know that there were some questions asked

2092
01:51:46,550 --> 01:51:48,880
about the transportation and things

2093
01:51:48,880 --> 01:51:49,880
like that.

2094
01:51:49,880 --> 01:51:52,880
The shady shores will be widened.

2095
01:51:52,880 --> 01:51:54,880
This is a great drawing.

2096
01:51:54,880 --> 01:51:55,880
It has everything.

2097
01:51:55,880 --> 01:52:00,880
You can see it's improved about halfway.

2098
01:52:00,880 --> 01:52:04,260
You can see it's improved to about here and it would be

2099
01:52:04,260 --> 01:52:05,880
improved the rest of the way through

2100
01:52:05,880 --> 01:52:06,880
the property.

2101
01:52:06,880 --> 01:52:08,750
So it would meet the thoroughfare plan, the collector

2102
01:52:08,750 --> 01:52:09,880
section, and I think there's a little

2103
01:52:09,880 --> 01:52:13,020
bit of right of way to dedicate and the payment being

2104
01:52:13,020 --> 01:52:13,880
extended.

2105
01:52:13,880 --> 01:52:15,859
There's been some discussion with a signal and we would

2106
01:52:15,859 --> 01:52:17,880
desire a signal here at the intersection.

2107
01:52:17,880 --> 01:52:20,449
That's something we've had some discussions with staff

2108
01:52:20,449 --> 01:52:21,880
about in our pre-development meetings

2109
01:52:21,880 --> 01:52:25,880
and would look forward to achieving that goal.

2110
01:52:25,880 --> 01:52:28,880
There was some discussion about I-35 and we all managed to

2111
01:52:28,880 --> 01:52:29,880
find a drawing.

2112
01:52:29,880 --> 01:52:33,439
There's eight lanes, two through, two left in each

2113
01:52:33,439 --> 01:52:35,880
direction going across the bridge,

2114
01:52:35,880 --> 01:52:39,810
and three-lane frontage road with a free right turning

2115
01:52:39,810 --> 01:52:41,880
northbound on Lakeview.

2116
01:52:41,880 --> 01:52:44,880
And I think, I don't know if there was a question asked,

2117
01:52:44,880 --> 01:52:47,880
but those improvements will be in place

2118
01:52:47,880 --> 01:52:50,840
before we can work our way through all the city development

2119
01:52:50,840 --> 01:52:51,880
procedures and get under

2120
01:52:51,880 --> 01:52:54,880
construction and be underway.

2121
01:52:54,880 --> 01:53:00,880
So our use seems to comply with the debt and plan.

2122
01:53:00,880 --> 01:53:02,880
We think it's a good use for the neighborhood.

2123
01:53:02,880 --> 01:53:05,680
We think it provides services that the neighborhood can use

2124
01:53:05,680 --> 01:53:05,880
.

2125
01:53:05,880 --> 01:53:09,250
We will not be, we're rezoning a larger piece of property

2126
01:53:09,250 --> 01:53:10,880
that we could possibly use as you see

2127
01:53:10,880 --> 01:53:12,880
from this drawing.

2128
01:53:12,880 --> 01:53:14,979
Staff is informed in our pre-development meetings that we

2129
01:53:14,979 --> 01:53:16,880
are not able to touch the floodway.

2130
01:53:16,880 --> 01:53:19,689
So the floodway, as we've defined in our actual flood study

2131
01:53:19,689 --> 01:53:21,880
, that's a line, that stays.

2132
01:53:21,880 --> 01:53:24,439
Floodplain, yes, we can manipulate through a variance

2133
01:53:24,439 --> 01:53:25,880
process and maintaining valley storage

2134
01:53:25,880 --> 01:53:29,560
and equal capacity and things like that to mitigate any

2135
01:53:29,560 --> 01:53:31,880
potential downstream issues.

2136
01:53:31,880 --> 01:53:36,270
But all those things get answered in the subsequent submitt

2137
01:53:36,270 --> 01:53:36,880
als.

2138
01:53:36,880 --> 01:53:38,880
And with that, I'll be happy to answer any questions.

2139
01:53:38,880 --> 01:53:41,880
And if John would like to speak, I guess I have a few more

2140
01:53:41,880 --> 01:53:42,880
minutes left.

2141
01:53:42,880 --> 01:53:46,880
But he gets, I think, some time as well if he --

2142
01:53:46,880 --> 01:53:47,880
20 minutes altogether.

2143
01:53:47,880 --> 01:53:49,880
So we've got plenty of time.

2144
01:53:49,880 --> 01:53:50,880
I have a question for you.

2145
01:53:50,880 --> 01:53:52,880
Commissioner Taylor.

2146
01:53:52,880 --> 01:53:53,880
Thank you, Chair.

2147
01:53:53,880 --> 01:53:57,970
So you said you already have a more detailed floodway

2148
01:53:57,970 --> 01:53:58,880
survey.

2149
01:53:58,880 --> 01:54:03,710
Can you give us some idea as to is it dramatically

2150
01:54:03,710 --> 01:54:09,880
different than what's the riparian buffer now?

2151
01:54:09,880 --> 01:54:12,159
I don't mean to be a wise guy in any way, but I don't know

2152
01:54:12,159 --> 01:54:13,880
what you mean by a floodway survey.

2153
01:54:13,880 --> 01:54:18,880
Or you said you've done a detailed topographical survey.

2154
01:54:18,880 --> 01:54:19,880
Yes.

2155
01:54:19,880 --> 01:54:21,880
Do you know where the floodway is on the --

2156
01:54:21,880 --> 01:54:24,239
Yes, we do know where the floodway is based on the actual

2157
01:54:24,239 --> 01:54:26,880
on the ground, which FEMA does a pretty good job,

2158
01:54:26,880 --> 01:54:29,409
especially when they've got a floodway mapped, and we found

2159
01:54:29,409 --> 01:54:30,880
it to be reasonably accurate.

2160
01:54:30,880 --> 01:54:31,880
Okay.

2161
01:54:31,880 --> 01:54:33,880
This is pretty -- this is not reflective, really.

2162
01:54:33,880 --> 01:54:37,659
This is bigger, the other drawing, which was up -- is more

2163
01:54:37,659 --> 01:54:40,880
reflective of the actual floodway document, I believe.

2164
01:54:40,880 --> 01:54:41,880
Okay.

2165
01:54:41,880 --> 01:54:45,880
The blues.

2166
01:54:45,880 --> 01:54:46,880
Is that better?

2167
01:54:46,880 --> 01:54:47,880
Yes.

2168
01:54:47,880 --> 01:54:48,880
Okay.

2169
01:54:48,880 --> 01:54:51,880
Thank you.

2170
01:54:51,880 --> 01:54:53,880
I have a comment.

2171
01:54:53,880 --> 01:54:56,460
Because one of the questions I was going to ask was in

2172
01:54:56,460 --> 01:54:58,880
regards to if anyone has been out to check the ESA,

2173
01:54:58,880 --> 01:55:02,000
because I know until it's certified, it can change, and I'm

2174
01:55:02,000 --> 01:55:04,880
glad to hear that you say you all have already done that.

2175
01:55:04,880 --> 01:55:07,880
So the ESA has been certified and verified.

2176
01:55:07,880 --> 01:55:10,699
It's exactly where it is versus it looks like it's on a map

2177
01:55:10,699 --> 01:55:12,880
, and somebody goes and looks at it and says,

2178
01:55:12,880 --> 01:55:14,880
well, it doesn't meet the criteria, and it goes away.

2179
01:55:14,880 --> 01:55:18,340
So for our purposes and discussions tonight, it's certified

2180
01:55:18,340 --> 01:55:21,880
that it's there, and we all agree on that.

2181
01:55:21,880 --> 01:55:22,880
Just to clarify.

2182
01:55:22,880 --> 01:55:23,880
Yes.

2183
01:55:23,880 --> 01:55:27,000
What's on the map we're looking at is not what we found,

2184
01:55:27,000 --> 01:55:27,880
precisely.

2185
01:55:27,880 --> 01:55:31,119
I understand, but my point was that there is ESA certified

2186
01:55:31,119 --> 01:55:34,539
that it's on -- because there are some red areas that have

2187
01:55:34,539 --> 01:55:36,880
come out that are no longer ESA,

2188
01:55:36,880 --> 01:55:39,489
and you've determined that there is definitely ESA on the

2189
01:55:39,489 --> 01:55:42,880
site, and city staff has certified that and agreed.

2190
01:55:42,880 --> 01:55:43,880
Everybody's on the same page.

2191
01:55:43,880 --> 01:55:45,880
There is ESA and active out there on site.

2192
01:55:45,880 --> 01:55:46,880
Yes, sir.

2193
01:55:46,880 --> 01:55:47,880
Great.

2194
01:55:47,880 --> 01:55:48,880
Thank you.

2195
01:55:48,880 --> 01:55:54,880
Any other questions or comments for the applicant?

2196
01:55:54,880 --> 01:55:57,880
Great. Thank you, sir, for a great presentation.

2197
01:55:57,880 --> 01:55:58,880
This is a public hearing.

2198
01:55:58,880 --> 01:56:04,789
Anyone else who would like to speak on this item, please

2199
01:56:04,789 --> 01:56:07,880
come forward at this time.

2200
01:56:07,880 --> 01:56:10,439
If you'll give us your name and address, and if you haven't

2201
01:56:10,439 --> 01:56:12,739
filled out a card before you go to the meeting, please do a

2202
01:56:12,739 --> 01:56:13,880
card for us.

2203
01:56:13,880 --> 01:56:14,880
Okay.

2204
01:56:14,880 --> 01:56:16,880
My name is Jackie Bruce.

2205
01:56:16,880 --> 01:56:19,880
My husband Tom and I are here tonight.

2206
01:56:19,880 --> 01:56:25,909
We live in the preserve at Pecan Creek at 4215 Boxwood

2207
01:56:25,909 --> 01:56:28,880
Drive, 76208.

2208
01:56:28,880 --> 01:56:31,880
We shop at Kroger, so this is not about Kroger.

2209
01:56:31,880 --> 01:56:34,880
This is about rezoning.

2210
01:56:34,880 --> 01:56:40,880
We were house number 14 when the development opened.

2211
01:56:40,880 --> 01:56:42,880
We moved in in 2001.

2212
01:56:42,880 --> 01:56:44,880
It will be 16 years next month.

2213
01:56:44,880 --> 01:56:50,640
So we've seen a lot happen in that area, and we understand

2214
01:56:50,640 --> 01:56:56,319
that the buildout is not quite complete, but it will be 1,

2215
01:56:56,319 --> 01:56:57,880
153 homes.

2216
01:56:57,880 --> 01:57:00,880
That is just for the preserve at Pecan Creek.

2217
01:57:00,880 --> 01:57:05,159
That does not include any of the other housing, Shady Sh

2218
01:57:05,159 --> 01:57:09,619
ores and Villages of Carmel and all the other building that

2219
01:57:09,619 --> 01:57:10,880
's going on.

2220
01:57:10,880 --> 01:57:16,880
Lakeview is our outlet, 235.

2221
01:57:16,880 --> 01:57:21,710
There's the back road Edwards, and if you all have ever

2222
01:57:21,710 --> 01:57:26,880
been on it, it's just a little lane and very bad repair.

2223
01:57:26,880 --> 01:57:30,880
So those are the two ways to leave our subdivision.

2224
01:57:30,880 --> 01:57:34,880
We also have a school, so we have school traffic.

2225
01:57:34,880 --> 01:57:38,880
Every home in our subdivision has a minimum of two cars.

2226
01:57:38,880 --> 01:57:40,880
I think I could stand by that.

2227
01:57:40,880 --> 01:57:42,880
And many have many more.

2228
01:57:42,880 --> 01:57:46,489
If you drive around our streets, you'll see lots of them

2229
01:57:46,489 --> 01:57:47,880
out in the street.

2230
01:57:47,880 --> 01:57:52,770
So my only concern is mobility, and I knew there would be a

2231
01:57:52,770 --> 01:57:57,189
light at this intersection because it's just calling for

2232
01:57:57,189 --> 01:57:57,880
that.

2233
01:57:57,880 --> 01:58:02,829
But the backup is going to be really bad, and that is my

2234
01:58:02,829 --> 01:58:06,880
problem with rezoning this area.

2235
01:58:06,880 --> 01:58:10,880
And especially it will be a larger Kroger.

2236
01:58:10,880 --> 01:58:12,880
It might have gas pumps.

2237
01:58:12,880 --> 01:58:16,880
It will bring traffic from all around.

2238
01:58:16,880 --> 01:58:20,989
We are only minutes away from another Kroger, so it's not

2239
01:58:20,989 --> 01:58:26,840
as if we're desperate down there to have another grocery

2240
01:58:26,840 --> 01:58:27,880
store.

2241
01:58:27,880 --> 01:58:31,880
I can only speak for myself and my husband.

2242
01:58:31,880 --> 01:58:32,880
I did attend the meeting.

2243
01:58:32,880 --> 01:58:36,789
He and I attended the meeting at the school, but we only

2244
01:58:36,789 --> 01:58:40,880
accidentally found out about that at the last minute.

2245
01:58:40,880 --> 01:58:44,289
As I understand it, letters did not go out to people who

2246
01:58:44,289 --> 01:58:46,880
lived in the preserve at Beacon Creek.

2247
01:58:46,880 --> 01:58:50,880
They only went out to the homeowners that were closer.

2248
01:58:50,880 --> 01:58:53,880
But that's our exit to get out.

2249
01:58:53,880 --> 01:58:57,000
And if you'd ever come down there at school times

2250
01:58:57,000 --> 01:58:59,880
especially, it gets pretty heavy duty.

2251
01:58:59,880 --> 01:59:03,520
And even though the bridge is going to be bigger and 35 is

2252
01:59:03,520 --> 01:59:05,880
going to be bigger, we have to get to it.

2253
01:59:05,880 --> 01:59:09,880
So that is my concern.

2254
01:59:09,880 --> 01:59:11,880
I think that's all I have to say.

2255
01:59:11,880 --> 01:59:12,880
I found your card.

2256
01:59:12,880 --> 01:59:14,880
You didn't have it marked as some support or opposition?

2257
01:59:14,880 --> 01:59:18,970
I didn't, but if I have to say, I would oppose it because I

2258
01:59:18,970 --> 01:59:20,880
don't want it changed.

2259
01:59:20,880 --> 01:59:23,880
I think we've got all the traffic we can handle.

2260
01:59:23,880 --> 01:59:27,659
And I did speak to Julie the other day and I did say we

2261
01:59:27,659 --> 01:59:31,880
might have to have flying drones to get out of there.

2262
01:59:31,880 --> 01:59:33,880
I don't know.

2263
01:59:33,880 --> 01:59:35,880
I have a couple questions before you go, if you please.

2264
01:59:35,880 --> 01:59:36,880
Commissioner Rizel.

2265
01:59:36,880 --> 01:59:38,880
Thank you, Ms. Burns, for being here.

2266
01:59:38,880 --> 01:59:41,300
We talked in the work session about getting some text-on

2267
01:59:41,300 --> 01:59:41,880
updates.

2268
01:59:41,880 --> 01:59:43,880
I was wondering if staff had gotten those together.

2269
01:59:43,880 --> 01:59:49,600
But could we have staff talk about the mobility increasing

2270
01:59:49,600 --> 01:59:51,880
at 35 and Lakeview?

2271
01:59:51,880 --> 01:59:56,880
And also, could staff address what's happening on Lakeview

2272
01:59:56,880 --> 01:59:59,880
between Shady Shores and the new post oak?

2273
01:59:59,880 --> 02:00:04,399
Is there going to be improvement or widening on Lakeview

2274
02:00:04,399 --> 02:00:12,710
past Shady Shores, across the tracks, and into the preserve

2275
02:00:12,710 --> 02:00:14,880
there?

2276
02:00:14,880 --> 02:00:18,859
I have one more question before you if you'll stay close by

2277
02:00:18,859 --> 02:00:19,880
, please.

2278
02:00:19,880 --> 02:00:25,810
According to TextDots schematic of their 35 improvement

2279
02:00:25,810 --> 02:00:32,510
project, the overpass bridge there at Lakeview and post oak

2280
02:00:32,510 --> 02:00:33,880
will involve two

2281
02:00:33,880 --> 02:00:40,180
through lanes in either direction and two left only lanes

2282
02:00:40,180 --> 02:00:42,880
in either direction.

2283
02:00:42,880 --> 02:00:52,529
As far as improvements that are planned to Lakeview, I'm

2284
02:00:52,529 --> 02:00:57,880
not aware of any at this time.

2285
02:00:57,880 --> 02:01:03,479
I will say that this project where it stands right now is

2286
02:01:03,479 --> 02:01:05,880
at the zoning phase.

2287
02:01:05,880 --> 02:01:07,880
There will be a preliminary plat.

2288
02:01:07,880 --> 02:01:10,880
There will be a final plat.

2289
02:01:10,880 --> 02:01:14,260
And we will-- that's sort of the point at which we

2290
02:01:14,260 --> 02:01:17,880
typically evaluate these engineering issues.

2291
02:01:17,880 --> 02:01:22,710
We put on the record that our department's approval or

2292
02:01:22,710 --> 02:01:28,510
acceptance of the zoning does not grant them any approvals

2293
02:01:28,510 --> 02:01:28,880
on any specific

2294
02:01:28,880 --> 02:01:31,880
engineering issues, access, and so forth.

2295
02:01:31,880 --> 02:01:37,010
So we will look at that closely during the planning stage,

2296
02:01:37,010 --> 02:01:39,880
which is going to be coming up.

2297
02:01:39,880 --> 02:01:40,880
Does that answer your question?

2298
02:01:40,880 --> 02:01:42,880
It kind of does, and I appreciate that.

2299
02:01:42,880 --> 02:01:45,840
Can you tell me the mobility plan, what the roadway Lake

2300
02:01:45,840 --> 02:01:47,880
view Boulevard is classified as?

2301
02:01:47,880 --> 02:01:48,880
Yes, sir.

2302
02:01:48,880 --> 02:01:53,880
Could we get that on the overhead?

2303
02:01:53,880 --> 02:01:54,880
I'm sorry?

2304
02:01:54,880 --> 02:01:55,880
You have to show me.

2305
02:01:55,880 --> 02:01:56,880
If we could turn on the overhead.

2306
02:01:56,880 --> 02:02:07,880
Will you turn on the overhead, please?

2307
02:02:07,880 --> 02:02:20,880
So what is the classification of Lakeview?

2308
02:02:20,880 --> 02:02:26,880
I've got that here.

2309
02:02:26,880 --> 02:02:29,880
Here we go.

2310
02:02:29,880 --> 02:02:37,319
Per our mobility plan, Lakeview-- the portion of Lakeview

2311
02:02:37,319 --> 02:02:43,500
from 35 to Post Oak is classified as a primary major arter

2312
02:02:43,500 --> 02:02:43,880
ial.

2313
02:02:43,880 --> 02:02:45,880
That's a six-lane divided.

2314
02:02:45,880 --> 02:02:50,680
Beyond that, going further northeast, it's classified as a

2315
02:02:50,680 --> 02:02:51,880
collector.

2316
02:02:51,880 --> 02:02:54,880
And a collector is a four-lane divided?

2317
02:02:54,880 --> 02:02:57,880
That is correct, yes.

2318
02:02:57,880 --> 02:03:01,880
It's the primary major arterial is six-lane divided.

2319
02:03:01,880 --> 02:03:07,640
The collector is-- I mean, basically, that's what it is

2320
02:03:07,640 --> 02:03:09,880
right now, is the four-lane divided.

2321
02:03:09,880 --> 02:03:17,880
And that would-- yes, that is essentially a collector.

2322
02:03:17,880 --> 02:03:18,880
OK.

2323
02:03:18,880 --> 02:03:22,420
Per the mobility plan, it's not called for that to be

2324
02:03:22,420 --> 02:03:23,880
further widened.

2325
02:03:23,880 --> 02:03:24,880
Understood.

2326
02:03:24,880 --> 02:03:27,939
Mr. Burns, I hope that answers some of the concerns, as I

2327
02:03:27,939 --> 02:03:31,560
think about from Post Oak to the highway, having three

2328
02:03:31,560 --> 02:03:35,880
lanes dedicated one way to get out would help.

2329
02:03:35,880 --> 02:03:40,449
And then Lakeview Boulevard past Post Oak, or Sunray, I

2330
02:03:40,449 --> 02:03:44,539
think it is now, is currently four lanes divided before it

2331
02:03:44,539 --> 02:03:46,880
goes down to two lanes further up.

2332
02:03:46,880 --> 02:03:51,260
So I think your concern about exiting the neighborhood is

2333
02:03:51,260 --> 02:03:52,880
certainly valid.

2334
02:03:52,880 --> 02:03:56,699
I hope the mobility plan in the future of the city to widen

2335
02:03:56,699 --> 02:04:00,060
that to a six-lane road like Carroll Boulevard or

2336
02:04:00,060 --> 02:04:04,159
University would certainly provide some bandwidth to exit

2337
02:04:04,159 --> 02:04:05,880
your neighborhood.

2338
02:04:05,880 --> 02:04:07,880
I'm not sure about the timeline.

2339
02:04:07,880 --> 02:04:09,880
I think the overpass will be done way before that.

2340
02:04:09,880 --> 02:04:12,220
And that, in my experience, has always been the bottleneck

2341
02:04:12,220 --> 02:04:12,880
in that area.

2342
02:04:12,880 --> 02:04:18,050
So I'm glad to see that being improved to eight lanes from

2343
02:04:18,050 --> 02:04:19,880
what's been two.

2344
02:04:19,880 --> 02:04:22,880
One each direction, big improvement.

2345
02:04:22,880 --> 02:04:24,880
You don't agree?

2346
02:04:24,880 --> 02:04:26,880
Oh, it would definitely be an improvement.

2347
02:04:26,880 --> 02:04:29,880
I think I'm skeptical about when that might be.

2348
02:04:29,880 --> 02:04:30,880
I hope I'm still here then.

2349
02:04:30,880 --> 02:04:31,880
This summer.

2350
02:04:31,880 --> 02:04:33,880
Oh, to widen it to six lanes?

2351
02:04:33,880 --> 02:04:35,880
No, the overpass.

2352
02:04:35,880 --> 02:04:36,880
Oh, that I know.

2353
02:04:36,880 --> 02:04:37,880
Yeah.

2354
02:04:37,880 --> 02:04:38,880
Uh-huh.

2355
02:04:38,880 --> 02:04:39,880
We understand that.

2356
02:04:39,880 --> 02:04:40,880
We're dealing with that.

2357
02:04:40,880 --> 02:04:45,880
It's just trying to get in and out past the highway.

2358
02:04:45,880 --> 02:04:46,880
OK.

2359
02:04:46,880 --> 02:04:47,880
Great.

2360
02:04:47,880 --> 02:04:49,880
Did you need me here anymore?

2361
02:04:49,880 --> 02:04:50,880
I do have one further question for you.

2362
02:04:50,880 --> 02:04:51,880
Thank you, Mr. Jenks.

2363
02:04:51,880 --> 02:04:52,880
Commissioner Beck.

2364
02:04:52,880 --> 02:04:53,880
Thank you, Chair.

2365
02:04:53,880 --> 02:04:54,880
And thank you.

2366
02:04:54,880 --> 02:04:55,880
Ms. Burns, is that correct?

2367
02:04:55,880 --> 02:04:56,880
Bruce.

2368
02:04:56,880 --> 02:04:57,880
Bruce, I thought it was.

2369
02:04:57,880 --> 02:04:58,880
OK.

2370
02:04:58,880 --> 02:04:59,880
Thank you.

2371
02:04:59,880 --> 02:05:00,880
OK.

2372
02:05:00,880 --> 02:05:01,880
Thank you, Ian, for coming down this weekend.

2373
02:05:01,880 --> 02:05:03,880
I, too, appreciate your concern for traffic.

2374
02:05:03,880 --> 02:05:07,880
But let me pose a scenario for you now.

2375
02:05:07,880 --> 02:05:11,260
Right now, where you all live, you pretty much have to get

2376
02:05:11,260 --> 02:05:12,880
in your car and drive out of your

2377
02:05:12,880 --> 02:05:15,250
neighborhood to get to pretty much any kind of service

2378
02:05:15,250 --> 02:05:15,880
right now.

2379
02:05:15,880 --> 02:05:16,880
Is that correct?

2380
02:05:16,880 --> 02:05:17,880
Uh-huh.

2381
02:05:17,880 --> 02:05:18,880
OK.

2382
02:05:18,880 --> 02:05:22,010
Not only is Kroger coming in here, where you can buy a lot

2383
02:05:22,010 --> 02:05:23,880
of things, but there's going

2384
02:05:23,880 --> 02:05:24,880
to be other shops there.

2385
02:05:24,880 --> 02:05:27,239
And these will be in walking and biking distance for-- not

2386
02:05:27,239 --> 02:05:27,880
everybody.

2387
02:05:27,880 --> 02:05:30,880
Not everybody can walk and bike a certain distance.

2388
02:05:30,880 --> 02:05:32,880
But a lot of people can.

2389
02:05:32,880 --> 02:05:36,880
And that, in effect, could reduce traffic.

2390
02:05:36,880 --> 02:05:40,260
I think anything we can do as a city to reduce the use of

2391
02:05:40,260 --> 02:05:42,880
our vehicles improves our air quality,

2392
02:05:42,880 --> 02:05:45,880
as you know, is probably one of the worst in the state.

2393
02:05:45,880 --> 02:05:50,470
So in the long run, this has that advantage of making your

2394
02:05:50,470 --> 02:05:52,880
area a little bit more dense,

2395
02:05:52,880 --> 02:05:56,880
where you will be in walking, biking distance from services

2396
02:05:56,880 --> 02:05:57,880
that otherwise you would have

2397
02:05:57,880 --> 02:05:59,880
had to get in your car and drive to.

2398
02:05:59,880 --> 02:06:01,880
Does that help?

2399
02:06:01,880 --> 02:06:06,689
It might be possible that some people will choose to walk

2400
02:06:06,689 --> 02:06:08,880
or ride a bike to the smaller

2401
02:06:08,880 --> 02:06:11,880
shops, probably not for groceries.

2402
02:06:11,880 --> 02:06:16,159
Not if you're going to do shopping for the month, that's

2403
02:06:16,159 --> 02:06:16,880
true.

2404
02:06:16,880 --> 02:06:20,880
But if you forgot tomatoes for the salad, you could just--

2405
02:06:20,880 --> 02:06:21,880
I understand.

2406
02:06:21,880 --> 02:06:22,880
OK.

2407
02:06:22,880 --> 02:06:26,079
I just have lived in that neighborhood long enough to

2408
02:06:26,079 --> 02:06:26,880
understand--

2409
02:06:26,880 --> 02:06:29,680
Ms. Bruce, could you step back to the microphone so we can

2410
02:06:29,680 --> 02:06:30,880
make sure to hear you?

2411
02:06:30,880 --> 02:06:31,880
Yes.

2412
02:06:31,880 --> 02:06:32,880
Thank you very much.

2413
02:06:32,880 --> 02:06:33,880
I understand.

2414
02:06:33,880 --> 02:06:34,880
I appreciate what you said.

2415
02:06:34,880 --> 02:06:39,170
I think we've lived there long enough to understand what

2416
02:06:39,170 --> 02:06:41,880
the traffic will continue to be.

2417
02:06:41,880 --> 02:06:48,810
Even if we have the smaller shops around the larger grocery

2418
02:06:48,810 --> 02:06:50,880
store, I think we're going

2419
02:06:50,880 --> 02:06:52,880
to have a mobility problem.

2420
02:06:52,880 --> 02:06:54,880
And that is my concern.

2421
02:06:54,880 --> 02:06:55,880
OK.

2422
02:06:55,880 --> 02:06:56,880
I hope not, but thank you.

2423
02:06:56,880 --> 02:06:57,880
Thank you.

2424
02:06:57,880 --> 02:07:00,880
Thank you, ma'am.

2425
02:07:00,880 --> 02:07:01,880
This is a public hearing.

2426
02:07:01,880 --> 02:07:09,060
Anyone else who would like to come forward and speak at

2427
02:07:09,060 --> 02:07:13,880
this time, please come forward.

2428
02:07:13,880 --> 02:07:16,880
Deb Armentar, 2003, Mistywood Lane.

2429
02:07:16,880 --> 02:07:23,460
I just want to speak to something identified by the woman

2430
02:07:23,460 --> 02:07:25,880
who just spoke from a nearby

2431
02:07:25,880 --> 02:07:29,880
neighborhood where they didn't receive notices.

2432
02:07:29,880 --> 02:07:34,250
I know that it's the city's policy to only give

2433
02:07:34,250 --> 02:07:37,880
notifications to, I think, within 250--

2434
02:07:37,880 --> 02:07:40,880
I think it's state law, too.

2435
02:07:40,880 --> 02:07:41,880
State law as well.

2436
02:07:41,880 --> 02:07:43,880
We follow the state law.

2437
02:07:43,880 --> 02:07:44,880
Yeah.

2438
02:07:44,880 --> 02:07:51,779
And this is something that came up in the debates about the

2439
02:07:51,779 --> 02:07:54,880
gas plant and where there

2440
02:07:54,880 --> 02:07:58,359
were people who lived close enough such that they at least

2441
02:07:58,359 --> 02:08:00,880
considered themselves stakeholders

2442
02:08:00,880 --> 02:08:01,880
who were directly affected.

2443
02:08:01,880 --> 02:08:03,880
They considered it their neighborhood.

2444
02:08:03,880 --> 02:08:12,430
So I just wonder what we can do as a city to increase that

2445
02:08:12,430 --> 02:08:16,880
area of notification so that

2446
02:08:16,880 --> 02:08:22,600
people in nearby neighborhoods outside of that, 500 square

2447
02:08:22,600 --> 02:08:24,880
feet or whatever, will be

2448
02:08:24,880 --> 02:08:25,880
notified.

2449
02:08:25,880 --> 02:08:30,539
It's just a shame to see this happening time and time again

2450
02:08:30,539 --> 02:08:30,880
.

2451
02:08:30,880 --> 02:08:36,970
And I also wanted to mention that I hope that as

2452
02:08:36,970 --> 02:08:43,880
Commissioner Beck said that we have people

2453
02:08:43,880 --> 02:08:47,880
walking to the shopping area and there's no problem with

2454
02:08:47,880 --> 02:08:48,880
mobility.

2455
02:08:48,880 --> 02:08:56,060
But I do fear in a situation like this that mobility issues

2456
02:08:56,060 --> 02:08:57,880
will arise.

2457
02:08:57,880 --> 02:09:01,170
So I second whoever it was who said before we should have a

2458
02:09:01,170 --> 02:09:02,880
mobility study for this.

2459
02:09:02,880 --> 02:09:04,880
I second that concern.

2460
02:09:04,880 --> 02:09:08,350
And I would also say that when it comes to grocery shopping

2461
02:09:08,350 --> 02:09:09,880
, as nice as it sounds to

2462
02:09:09,880 --> 02:09:15,579
be able to walk over to Kroger and get some basil for the

2463
02:09:15,579 --> 02:09:20,880
salad, I think most hardworking

2464
02:09:20,880 --> 02:09:25,899
families tend to go and get -- yeah, you pick up the basil,

2465
02:09:25,899 --> 02:09:28,880
but also a big thing of toilet

2466
02:09:28,880 --> 02:09:33,789
paper and roach spray or whatever, things that you're not

2467
02:09:33,789 --> 02:09:35,880
going to be carrying in a

2468
02:09:35,880 --> 02:09:37,880
little wicker basket.

2469
02:09:37,880 --> 02:09:41,510
So people do tend to go to -- I go to Kroger in my car and

2470
02:09:41,510 --> 02:09:43,880
there are situations where even

2471
02:09:43,880 --> 02:09:46,479
if it was two blocks away, if I needed to go for a full

2472
02:09:46,479 --> 02:09:48,880
weekly shop, I'd go in my car.

2473
02:09:48,880 --> 02:09:49,880
So anyway, thank you.

2474
02:09:49,880 --> 02:09:53,000
>> Before you go, I want to clarify with staff, did we do

2475
02:09:53,000 --> 02:09:55,880
500 foot notice as well on this?

2476
02:09:55,880 --> 02:10:01,649
>> We did the 200 foot property owner and the 500 foot

2477
02:10:01,649 --> 02:10:02,880
resident.

2478
02:10:02,880 --> 02:10:07,300
In addition to because we heard some feedback from some of

2479
02:10:07,300 --> 02:10:08,880
the neighbors that because of

2480
02:10:08,880 --> 02:10:12,829
the -- where this property is located and the open space

2481
02:10:12,829 --> 02:10:14,880
behind it, there weren't a

2482
02:10:14,880 --> 02:10:16,880
lot of people who were notified.

2483
02:10:16,880 --> 02:10:20,060
So the city went ahead and worked with those HOAs, the

2484
02:10:20,060 --> 02:10:21,880
villages of Carmel as well as the

2485
02:10:21,880 --> 02:10:23,920
preserve in order to get the word out to those

2486
02:10:23,920 --> 02:10:26,880
neighborhoods and do that neighborhood meeting

2487
02:10:26,880 --> 02:10:29,529
because you're right, there weren't a lot of people

2488
02:10:29,529 --> 02:10:31,880
notified by the state law standards.

2489
02:10:31,880 --> 02:10:32,880
>> Okay.

2490
02:10:32,880 --> 02:10:35,279
>> So we went above and beyond on this to actually notify

2491
02:10:35,279 --> 02:10:35,880
the HOAs.

2492
02:10:35,880 --> 02:10:39,880
I think there's a neighborhood meeting and -- okay.

2493
02:10:39,880 --> 02:10:40,880
Thank you.

2494
02:10:40,880 --> 02:10:41,880
>> Sure.

2495
02:10:41,880 --> 02:10:42,880
>> Commissioner Roselle.

2496
02:10:42,880 --> 02:10:43,880
>> Thank you, Chair.

2497
02:10:43,880 --> 02:10:47,109
I just wanted to reiterate Ms. Wyatt said and even the

2498
02:10:47,109 --> 02:10:49,880
chair, I just go on record to say

2499
02:10:49,880 --> 02:10:53,760
that state law is 200 feet minimum, Denton does a courtesy

2500
02:10:53,760 --> 02:10:55,880
of 500 on every project that

2501
02:10:55,880 --> 02:10:58,880
we notify as a courtesy to go beyond that.

2502
02:10:58,880 --> 02:11:02,300
And I was really glad to see that because it is an entry to

2503
02:11:02,300 --> 02:11:03,880
a larger area, the city

2504
02:11:03,880 --> 02:11:06,880
actually hosted a meeting for some feedback too.

2505
02:11:06,880 --> 02:11:08,880
It comes up often about notifications.

2506
02:11:08,880 --> 02:11:12,319
We're always trying to figure out how to best get responses

2507
02:11:12,319 --> 02:11:13,880
back and make sure people actually

2508
02:11:13,880 --> 02:11:16,520
get the responses because there's just been ongoing

2509
02:11:16,520 --> 02:11:17,880
discussion about that.

2510
02:11:17,880 --> 02:11:21,319
But I think in this situation, city tried their best to try

2511
02:11:21,319 --> 02:11:22,880
to get the community that's

2512
02:11:22,880 --> 02:11:25,880
affected northeast of the highway involved.

2513
02:11:25,880 --> 02:11:29,489
I give you credit for going beyond even what we generally

2514
02:11:29,489 --> 02:11:31,880
are gracious to do at 500 feet

2515
02:11:31,880 --> 02:11:34,880
even further.

2516
02:11:34,880 --> 02:11:35,880
>> Commissioner Ellis.

2517
02:11:35,880 --> 02:11:37,880
>> Thank you, Chair.

2518
02:11:37,880 --> 02:11:40,880
Deb, thanks for your comments.

2519
02:11:40,880 --> 02:11:42,770
I would echo what Commissioner Roselle said about trying to

2520
02:11:42,770 --> 02:11:43,880
get the community involved.

2521
02:11:43,880 --> 02:11:45,770
We do have a little bit of a broken notification process

2522
02:11:45,770 --> 02:11:46,880
when we draw these circles.

2523
02:11:46,880 --> 02:11:50,840
We miss an awful lot of property owners and I know they

2524
02:11:50,840 --> 02:11:52,880
made a point to see that and reach

2525
02:11:52,880 --> 02:11:55,880
out to the north of that.

2526
02:11:55,880 --> 02:11:57,880
Also, we have an ongoing discussion.

2527
02:11:57,880 --> 02:11:59,880
I think it's still sitting in our matrix.

2528
02:11:59,880 --> 02:12:03,449
We've been trying to improve the notification process and

2529
02:12:03,449 --> 02:12:04,880
it is of concern to this commission.

2530
02:12:04,880 --> 02:12:06,880
It's been brought up multiple times.

2531
02:12:06,880 --> 02:12:07,880
We've had a work session.

2532
02:12:07,880 --> 02:12:09,880
We are trying to make improvements as we go forward.

2533
02:12:09,880 --> 02:12:16,880
So it's definitely on our radar.

2534
02:12:16,880 --> 02:12:18,880
>> Again, this is a public hearing.

2535
02:12:18,880 --> 02:12:23,880
Anyone else who would like to come forward at this time?

2536
02:12:23,880 --> 02:12:26,880
I have two additional e-mails.

2537
02:12:26,880 --> 02:12:30,210
I think there are a number of e-mails that are provided in

2538
02:12:30,210 --> 02:12:31,880
the backup so I won't bring those up.

2539
02:12:31,880 --> 02:12:36,479
But we have an e-mail from Amanda McCullough and she was

2540
02:12:36,479 --> 02:12:41,880
opposed and Earl Armstrong and I believe he is

2541
02:12:41,880 --> 02:12:43,880
opposed as well.

2542
02:12:43,880 --> 02:12:48,880
I don't know that state specifically, there's some concern.

2543
02:12:48,880 --> 02:12:51,439
Those two other comments, is there anyone else who would

2544
02:12:51,439 --> 02:12:52,880
like to come forward and speak at this time

2545
02:12:52,880 --> 02:12:57,880
before we close our public hearing?

2546
02:12:57,880 --> 02:13:00,279
Seeing none, I will close the public hearing and open the

2547
02:13:00,279 --> 02:13:01,880
floor for discussion or a motion.

2548
02:13:01,880 --> 02:13:03,880
Commissioner Beck.

2549
02:13:03,880 --> 02:13:04,880
>> Thank you, Chair.

2550
02:13:04,880 --> 02:13:06,880
I want to thank everybody for coming out tonight.

2551
02:13:06,880 --> 02:13:09,819
I appreciate the comments from the applicant and the

2552
02:13:09,819 --> 02:13:11,880
homeowners that live over there.

2553
02:13:11,880 --> 02:13:12,880
I've looked at this thing pretty close too.

2554
02:13:12,880 --> 02:13:15,529
I went over and visited this back when we thought we were

2555
02:13:15,529 --> 02:13:18,880
going to do this at PNC two months ago and

2556
02:13:18,880 --> 02:13:19,880
looked at the area.

2557
02:13:19,880 --> 02:13:23,109
I knew the concern would be this is a nice area that's

2558
02:13:23,109 --> 02:13:25,880
tucked away and any kind of development in there is

2559
02:13:25,880 --> 02:13:28,880
going to be upsetting to the neighborhood.

2560
02:13:28,880 --> 02:13:32,880
Traffic, that's going to be an issue.

2561
02:13:32,880 --> 02:13:36,199
But we're looking at property that's currently zoned where

2562
02:13:36,199 --> 02:13:38,880
commercial development can happen that's going

2563
02:13:38,880 --> 02:13:40,880
to bring in traffic no matter what you do.

2564
02:13:40,880 --> 02:13:44,880
I'm not sure CMG is going to bring in any more than RCR.

2565
02:13:44,880 --> 02:13:47,180
>> Commissioner Beck, can you speak directly in the

2566
02:13:47,180 --> 02:13:48,880
microphone of the guys in the back?

2567
02:13:48,880 --> 02:13:49,880
Always ask me.

2568
02:13:49,880 --> 02:13:51,880
Please help them with that.

2569
02:13:51,880 --> 02:13:52,880
>> Okay.

2570
02:13:52,880 --> 02:13:57,300
So trying to control the traffic by not rezoning is I don't

2571
02:13:57,300 --> 02:13:59,880
think going to work and we're not sure what

2572
02:13:59,880 --> 02:14:00,880
we're going to get in there.

2573
02:14:00,880 --> 02:14:04,880
The one more dense zoning that would allow taller buildings

2574
02:14:04,880 --> 02:14:06,880
will probably intensify the situation.

2575
02:14:06,880 --> 02:14:12,880
We didn't rezone to CMG and left the RCR one.

2576
02:14:12,880 --> 02:14:18,010
But when I go over to the neighborhood, I actually stood on

2577
02:14:18,010 --> 02:14:20,880
, is it sundown at 1 Street?

2578
02:14:20,880 --> 02:14:22,880
I was concerned about a buffer, too.

2579
02:14:22,880 --> 02:14:25,920
And it looks like depending on what the developer does, we

2580
02:14:25,920 --> 02:14:27,880
may get more of a tree line there than we

2581
02:14:27,880 --> 02:14:29,880
hope that remains to be seen.

2582
02:14:29,880 --> 02:14:33,640
But standing on sundown, you've got that park right there

2583
02:14:33,640 --> 02:14:35,880
that's elevated about five or six feet.

2584
02:14:35,880 --> 02:14:39,789
When you stand on sundown, you cannot even see that area

2585
02:14:39,789 --> 02:14:40,880
over there.

2586
02:14:40,880 --> 02:14:43,880
You can see the tops of the trees.

2587
02:14:43,880 --> 02:14:47,970
To the east of that is a thick tree grove that blocks the

2588
02:14:47,970 --> 02:14:49,880
view from that, too.

2589
02:14:49,880 --> 02:14:51,880
And that's not going to go anywhere, too.

2590
02:14:51,880 --> 02:14:55,640
So there's not going to be a visual that will distract the

2591
02:14:55,640 --> 02:14:56,880
neighborhood.

2592
02:14:56,880 --> 02:15:00,880
And it will, in fact, as a sound barrier, too.

2593
02:15:00,880 --> 02:15:05,050
So I've looked at all the considerations I would if I lived

2594
02:15:05,050 --> 02:15:05,880
there.

2595
02:15:05,880 --> 02:15:07,590
I kind of like the idea of having a grocery store close to

2596
02:15:07,590 --> 02:15:07,880
me.

2597
02:15:07,880 --> 02:15:09,880
In fact, I live on Sherman.

2598
02:15:09,880 --> 02:15:10,880
They built Liostec.

2599
02:15:10,880 --> 02:15:13,880
I was pleased because I get to run down there.

2600
02:15:13,880 --> 02:15:17,119
And I do my big shop and I go in the vehicle, but I make

2601
02:15:17,119 --> 02:15:18,880
some small trips, too.

2602
02:15:18,880 --> 02:15:23,880
So I was pleased to have something within walking distance.

2603
02:15:23,880 --> 02:15:27,239
With all those considerations, again, part of our job as a

2604
02:15:27,239 --> 02:15:29,880
city is to develop along lines where

2605
02:15:29,880 --> 02:15:33,890
density is important, where people can, within short

2606
02:15:33,890 --> 02:15:37,880
distances, walk and bike or travel,

2607
02:15:37,880 --> 02:15:40,460
even in their car, just a short distance, because if you're

2608
02:15:40,460 --> 02:15:42,880
not driving 3 1/2 miles,

2609
02:15:42,880 --> 02:15:44,479
you're just driving a couple blocks, you're still using

2610
02:15:44,479 --> 02:15:44,880
less fuel,

2611
02:15:44,880 --> 02:15:47,649
putting less toxic elements into the bad air that we

2612
02:15:47,649 --> 02:15:48,880
already have here.

2613
02:15:48,880 --> 02:15:51,880
So that was one of the positive considerations.

2614
02:15:51,880 --> 02:16:02,229
So with all that being said, I am going to make a motion

2615
02:16:02,229 --> 02:16:06,880
that we approve this.

2616
02:16:06,880 --> 02:16:08,880
We have a motion on the floor.

2617
02:16:08,880 --> 02:16:11,880
Any further discussion or a second?

2618
02:16:11,880 --> 02:16:14,880
I don't have anybody else on the board right now.

2619
02:16:14,880 --> 02:16:16,880
Commissioner Sullivan.

2620
02:16:16,880 --> 02:16:17,880
I second the motion.

2621
02:16:17,880 --> 02:16:18,880
Okay.

2622
02:16:18,880 --> 02:16:21,880
We have a first and a second for approval.

2623
02:16:21,880 --> 02:16:29,880
Any further discussion or comment?

2624
02:16:29,880 --> 02:16:30,880
Commissioner Ellis.

2625
02:16:30,880 --> 02:16:31,880
Thank you, Chair.

2626
02:16:31,880 --> 02:16:32,879
Just a couple of words.

2627
02:16:32,879 --> 02:16:35,659
I do appreciate people speaking and coming out with concern

2628
02:16:35,659 --> 02:16:35,879
.

2629
02:16:35,879 --> 02:16:38,389
You know, the property is going to be developed at some

2630
02:16:38,389 --> 02:16:38,879
point.

2631
02:16:38,879 --> 02:16:41,200
The zoning that's on it now allows for commercial

2632
02:16:41,200 --> 02:16:44,879
development, and it's going to happen.

2633
02:16:44,879 --> 02:16:47,579
And sometimes these conveniences come in prior to all the

2634
02:16:47,579 --> 02:16:48,879
mobility being in place,

2635
02:16:48,879 --> 02:16:50,879
but the mobility plan is in place.

2636
02:16:50,879 --> 02:16:53,879
Improvements are being made.

2637
02:16:53,879 --> 02:16:56,120
And I do support this, because I actually think it's a

2638
02:16:56,120 --> 02:17:02,879
really good thing for the community.

2639
02:17:02,879 --> 02:17:03,879
I'll just second your comments.

2640
02:17:03,879 --> 02:17:06,940
I think it's a unique opportunity that there's the

2641
02:17:06,940 --> 02:17:11,879
improvements to the overpass before it's built,

2642
02:17:11,879 --> 02:17:14,329
which is nice before this board, because that's not always

2643
02:17:14,329 --> 02:17:14,879
the case.

2644
02:17:14,879 --> 02:17:16,879
A lot of time it's after the fact.

2645
02:17:16,879 --> 02:17:18,879
And so I know there are some concerns about that.

2646
02:17:18,879 --> 02:17:23,250
But being a dead resident, born and raised here, that's

2647
02:17:23,250 --> 02:17:26,879
been a little two-lane bridge for a long, long time.

2648
02:17:26,879 --> 02:17:29,879
And it's great to finally see it be eight lanes now.

2649
02:17:29,879 --> 02:17:32,229
And I think it's going to be a tremendous benefit for that

2650
02:17:32,229 --> 02:17:32,879
neighborhood.

2651
02:17:32,879 --> 02:17:34,879
I'm glad to see this site be developed.

2652
02:17:34,879 --> 02:17:38,969
And I know there's been a lot of people that have been just

2653
02:17:38,969 --> 02:17:40,879
as adamant that may be concerned about it,

2654
02:17:40,879 --> 02:17:43,440
that they are thrilled to have a grocery store up at the

2655
02:17:43,440 --> 02:17:45,879
front of their subdivision

2656
02:17:45,879 --> 02:17:47,879
and the services that that will bring as well.

2657
02:17:47,879 --> 02:17:49,879
And so with that, I'm going to support this motion as well.

2658
02:17:49,879 --> 02:18:00,340
And seeing no other discussion, I will call for a vote on

2659
02:18:00,340 --> 02:18:02,879
the board.

2660
02:18:02,879 --> 02:18:05,879
The motion carries 6-0.

2661
02:18:05,879 --> 02:18:10,159
That will end our public hearing session section this

2662
02:18:10,159 --> 02:18:12,879
evening, and that will move us on to our project

2663
02:18:12,879 --> 02:18:15,879
maintenance matrix.

2664
02:18:15,879 --> 02:18:17,879
I can't speak.

2665
02:18:17,879 --> 02:18:19,879
Our project matrix.

2666
02:18:19,879 --> 02:18:24,879
So Commissioner Rozelle.

2667
02:18:24,879 --> 02:18:25,879
Thank you, Chair.

2668
02:18:25,879 --> 02:18:29,969
I would like some direction from staff regarding the

2669
02:18:29,969 --> 02:18:32,879
specific request I have and how to enact this.

2670
02:18:32,879 --> 02:18:36,370
I don't know if we can put this back to a different

2671
02:18:36,370 --> 02:18:38,879
committee for action or what.

2672
02:18:38,879 --> 02:18:43,299
But given the events of yesterday at Lakeview Boulevard and

2673
02:18:43,299 --> 02:18:44,879
the DCTA rail,

2674
02:18:44,879 --> 02:18:49,559
as well as the stated increased traffic that's about to

2675
02:18:49,559 --> 02:18:51,879
happen in the same block,

2676
02:18:51,879 --> 02:18:55,760
what does it take to increase the crossing guard to cover

2677
02:18:55,760 --> 02:19:00,879
the sidewalk, not just the road at that train crossing?

2678
02:19:00,879 --> 02:19:04,760
Who does that and how can we get that added to that

2679
02:19:04,760 --> 02:19:05,879
sidewalk?

2680
02:19:05,879 --> 02:19:08,200
We would have to -- I will visit with the transportation

2681
02:19:08,200 --> 02:19:11,079
department, number one, the transportation director, and

2682
02:19:11,079 --> 02:19:11,879
discern next steps.

2683
02:19:11,879 --> 02:19:15,379
I believe it might have -- we will also have to contact the

2684
02:19:15,379 --> 02:19:18,989
county and see what we need to do in terms of enhancing the

2685
02:19:18,989 --> 02:19:19,879
security features on that.

2686
02:19:19,879 --> 02:19:22,389
But it's something we would have to research and perhaps

2687
02:19:22,389 --> 02:19:25,879
have someone give a presentation at this commission

2688
02:19:25,879 --> 02:19:29,700
or have an opportunity to provide you what the steps are to

2689
02:19:29,700 --> 02:19:31,879
establish those parameters.

2690
02:19:31,879 --> 02:19:34,879
Yeah, if I need to do it offline from a commission, that

2691
02:19:34,879 --> 02:19:34,879
would be great.

2692
02:19:34,879 --> 02:19:37,549
If I could just get information of who to go to, I would be

2693
02:19:37,549 --> 02:19:39,879
happy to follow up on that independently.

2694
02:19:39,879 --> 02:19:40,879
Okay, superb.

2695
02:19:40,879 --> 02:19:41,879
We'll get you some info.

2696
02:19:41,879 --> 02:19:45,399
If not, we'll try and get someone to come in and speak to

2697
02:19:45,399 --> 02:19:45,879
it.

2698
02:19:45,879 --> 02:19:48,879
If not, we'll try and gather some info for yourself.

2699
02:19:48,879 --> 02:19:49,879
That sounds great.

2700
02:19:49,879 --> 02:19:50,879
Thank you.

2701
02:19:50,879 --> 02:19:52,879
Commissioner Ellis.

2702
02:19:52,879 --> 02:19:53,879
Thank you, Chair.

2703
02:19:53,879 --> 02:19:56,879
Okay, I have just a couple of things to put on there, Manal

2704
02:19:56,879 --> 02:19:57,879
, if you could.

2705
02:19:57,879 --> 02:20:02,440
One of the things in the Denton 2030 plan talks about

2706
02:20:02,440 --> 02:20:06,879
minimizing waste and enhancing our resource recovery.

2707
02:20:06,879 --> 02:20:11,350
Can we have a discussion on where we are with commercial

2708
02:20:11,350 --> 02:20:13,879
recycling bins in the city?

2709
02:20:13,879 --> 02:20:17,700
I see them in certain places, but we are missing major

2710
02:20:17,700 --> 02:20:20,879
opportunities in the city to have these.

2711
02:20:20,879 --> 02:20:25,709
I volunteered over a weekend for a festival in town, and I

2712
02:20:25,709 --> 02:20:27,879
was at the arts center.

2713
02:20:27,879 --> 02:20:29,879
They do not have a commercial recycling bin there.

2714
02:20:29,879 --> 02:20:31,879
I talked to staff there.

2715
02:20:31,879 --> 02:20:34,360
They do what I ended up doing that weekend and took as much

2716
02:20:34,360 --> 02:20:34,879
of it home,

2717
02:20:34,879 --> 02:20:39,440
because it was devastating to throw all of this perfectly

2718
02:20:39,440 --> 02:20:41,879
recyclable material away.

2719
02:20:41,879 --> 02:20:46,879
So could we maybe talk about this and get things moving?

2720
02:20:46,879 --> 02:20:52,020
Absolutely. I'll see if our Solid Waste team, Ethan Cox,

2721
02:20:52,020 --> 02:20:56,059
can provide us some info on this in a memo format for the P

2722
02:20:56,059 --> 02:20:56,879
NC.

2723
02:20:56,879 --> 02:20:59,879
I believe it's required for all new commercialists.

2724
02:20:59,879 --> 02:21:03,000
For new commercialists, it is, but I was going to allow him

2725
02:21:03,000 --> 02:21:03,879
to put that in writing as to,

2726
02:21:03,879 --> 02:21:08,879
and then if you need something, how do you secure that?

2727
02:21:08,879 --> 02:21:10,879
Oh, I had one more thing.

2728
02:21:10,879 --> 02:21:12,879
Well, you have the floor. Continue.

2729
02:21:12,879 --> 02:21:13,879
Thank you.

2730
02:21:13,879 --> 02:21:20,700
Okay, we had a night of replats today, and my issue with

2731
02:21:20,700 --> 02:21:25,879
replats is it's kind of a formality what we do here,

2732
02:21:25,879 --> 02:21:29,969
because we really can't -- when you bring it to us and it

2733
02:21:29,969 --> 02:21:32,879
complies, we really have to say yes.

2734
02:21:32,879 --> 02:21:38,250
So to have public discussion and commission discussion and

2735
02:21:38,250 --> 02:21:42,620
money spent for notices of public hearings in the newspaper

2736
02:21:42,620 --> 02:21:42,879
,

2737
02:21:42,879 --> 02:21:46,870
I truly feel like this formality is a waste of time and

2738
02:21:46,870 --> 02:21:48,879
money in a lot of cases.

2739
02:21:48,879 --> 02:21:52,879
It slows down the process for the applicant.

2740
02:21:52,879 --> 02:21:58,280
If we truly can't do anything with our discussion, can we

2741
02:21:58,280 --> 02:22:02,879
maybe have a discussion on either to allow public

2742
02:22:02,879 --> 02:22:06,700
and commission discussion to have some teeth with regards

2743
02:22:06,700 --> 02:22:10,879
to these replats, or maybe we don't need it on our agenda,

2744
02:22:10,879 --> 02:22:14,879
and we can save time and money on all parts.

2745
02:22:14,879 --> 02:22:18,260
So I don't know if that requires a work session discussion

2746
02:22:18,260 --> 02:22:20,879
or what, but I do have that concern.

2747
02:22:20,879 --> 02:22:21,879
Sure.

2748
02:22:21,879 --> 02:22:24,159
Commissioner Ellis, as it relates to the replats, there is

2749
02:22:24,159 --> 02:22:25,879
a specific formality,

2750
02:22:25,879 --> 02:22:28,020
and that is the notification and public hearing process as

2751
02:22:28,020 --> 02:22:30,879
it relates to the type of replat we're addressing.

2752
02:22:30,879 --> 02:22:33,620
In terms of teeth for the commission, I think we've had

2753
02:22:33,620 --> 02:22:34,879
this conversation before, too,

2754
02:22:34,879 --> 02:22:39,159
but what we could do is actually have a work session and

2755
02:22:39,159 --> 02:22:42,879
talk about platts in general, if you like.

2756
02:22:42,879 --> 02:22:43,879
Good?

2757
02:22:43,879 --> 02:22:45,879
Okay.

2758
02:22:45,879 --> 02:22:46,879
Commissioner Beck.

2759
02:22:46,879 --> 02:22:48,879
Thank you, Chair.

2760
02:22:48,879 --> 02:22:53,190
The mention of trees today in more ways than one just

2761
02:22:53,190 --> 02:22:56,299
motivates me again to bring up the tree ordinance and get

2762
02:22:56,299 --> 02:22:57,879
it moving once again.

2763
02:22:57,879 --> 02:23:01,170
I don't know that we've made any changes since we last

2764
02:23:01,170 --> 02:23:04,549
talked about it, but it's something that needs to get

2765
02:23:04,549 --> 02:23:05,879
moving forward.

2766
02:23:05,879 --> 02:23:09,879
I think we've kicked the can down the road too long.

2767
02:23:09,879 --> 02:23:13,530
So Commissioner Ellis mentioned this last commission

2768
02:23:13,530 --> 02:23:15,879
meeting and put it on the matrix.

2769
02:23:15,879 --> 02:23:20,329
So did we make any move or any motions made to get it back

2770
02:23:20,329 --> 02:23:22,879
on the agenda anytime soon?

2771
02:23:22,879 --> 02:23:28,879
Absolutely. Actually, what we've had the opportunity to do

2772
02:23:28,879 --> 02:23:32,879
is actually work with our green team, as Chandran calls it.

2773
02:23:32,879 --> 02:23:35,500
Our DRC administrator has been working very closely with

2774
02:23:35,500 --> 02:23:35,879
Bob.

2775
02:23:35,879 --> 02:23:37,879
I'm sure you've all had an opportunity to meet Bob.

2776
02:23:37,879 --> 02:23:39,879
I'm rather new to this arena again.

2777
02:23:39,879 --> 02:23:43,709
So they are in the process, this green team, Haywood and

2778
02:23:43,709 --> 02:23:46,879
Bob and Chandran, and the planning division in general,

2779
02:23:46,879 --> 02:23:50,889
diligently working at creating or establishing a framework

2780
02:23:50,889 --> 02:23:53,879
for a comprehensive urban forestry program.

2781
02:23:53,879 --> 02:23:56,350
Now that we understand what that framework will eventually

2782
02:23:56,350 --> 02:23:58,840
look like, we are in a position to start moving forward

2783
02:23:58,840 --> 02:23:59,879
with the tree code.

2784
02:23:59,879 --> 02:24:02,700
In fact, we are keen that there is a recommendation from

2785
02:24:02,700 --> 02:24:05,639
the commission that can move forward to the council as well

2786
02:24:05,639 --> 02:24:05,879
.

2787
02:24:05,879 --> 02:24:08,649
But we will be coming back with some minor tweaks to our

2788
02:24:08,649 --> 02:24:10,879
last, if you recall, we had a work session.

2789
02:24:10,879 --> 02:24:13,440
We had a special called meeting and we discussed the tree

2790
02:24:13,440 --> 02:24:13,879
code.

2791
02:24:13,879 --> 02:24:15,879
So we should be bringing it forward very soon.

2792
02:24:15,879 --> 02:24:20,879
Okay. Before we do, I think I've mentioned to you briefly,

2793
02:24:20,879 --> 02:24:24,360
I have a couple ideas that will help maybe get us across

2794
02:24:24,360 --> 02:24:26,879
some rough areas with developers.

2795
02:24:26,879 --> 02:24:30,190
So would we have an opportunity to discuss that and if it

2796
02:24:30,190 --> 02:24:33,250
looks feasible, get it into the tree code before it

2797
02:24:33,250 --> 02:24:34,879
actually gets to us?

2798
02:24:34,879 --> 02:24:36,879
Absolutely. Let's do this then.

2799
02:24:36,879 --> 02:24:39,690
If it is the wish of the commission and Chairperson Strange

2800
02:24:39,690 --> 02:24:41,879
, I pose this to you as the chair.

2801
02:24:41,879 --> 02:24:44,239
If it is the wish of the commission, in fact, we had

2802
02:24:44,239 --> 02:24:46,879
requested it last time, go ahead and email.

2803
02:24:46,879 --> 02:24:51,229
I believe it's Shandrin that we emailed the comments to or

2804
02:24:51,229 --> 02:24:53,879
Heywood or copy everybody and Bob.

2805
02:24:53,879 --> 02:24:58,149
And if you have ideas or options or issue with certain

2806
02:24:58,149 --> 02:25:02,479
language with the last document that you read, send it to

2807
02:25:02,479 --> 02:25:02,879
us.

2808
02:25:02,879 --> 02:25:04,879
We'll do a couple of red lines for you.

2809
02:25:04,879 --> 02:25:08,030
We'll do a page turn and hopefully from there we can agree

2810
02:25:08,030 --> 02:25:10,879
to disagree or agree to agree and move forward.

2811
02:25:10,879 --> 02:25:15,879
Okay. Thank you.

2812
02:25:15,879 --> 02:25:21,879
Anybody else? Nobody else is on the board.

2813
02:25:21,879 --> 02:25:25,879
Okay. At 820, we will close our PNC meeting tonight.

2814
02:25:25,879 --> 02:25:27,879
Thank you, everyone.