WEBVTT

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.

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,

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,

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Good evening and welcome to the city of Denton planning and

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zoning commission

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work session meeting for June the 14th. It is 530 and this

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meeting has been duly

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posted and we have a quorum present and I will call us to

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order at this time. Our

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first order of business will be to receive a clarification

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of agenda items

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this evening and I will turn that over to Manal for

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presentation. Thank You

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Chairperson Strange. If there are any questions associated

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with the minutes or

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any corrections that staff needs to make we'll be willing

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to take input at this

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time. Seeing none we can move on to the consent agenda item

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. We have a final

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plat for Country Lakes West and Julie Wyatt will present

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that for us. We saw

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this preliminary plat a couple of meetings ago so this is

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just the final

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plat for the Country Lakes West third phase. This is the

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last phase of this

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subdivision and I'll stand for any questions. Commissioner

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Ellis. Thank You

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Chair. Julie just a quick question as I was reading through

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this. I noticed all

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the X lots are noted in in the notes except 18 X is not in

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the notes. Is it

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supposed to be in line five perhaps? Or at least I couldn't

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find it with my eyes.

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So is it okay you know I I had to go through these with a

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highlighter as well

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so 18 X in the drawing. Yes it's between 17 and what is

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that 80 something. So I'm

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sorry you're asking. Well I don't see it in the notes as

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the other X lots so I

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don't know if it needs to be in the notes but that's that's

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just what I'm. You're

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right it does it's in the title block but you're right it

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should be in the

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notes and I'll I'll let the applicant know and make sure to

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correct that before

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it's recorded so thank you. Thank you.

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Any other questions on this item? Thank You Julie. All

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right thanks.

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The next item is a final plot for Hickory Creek detention

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addition. Is the

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planner on this one? Does the Commission have any questions

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regarding this plot?

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I have a question on it. Okay.

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While you're pulling it up I'll go ahead and ask my

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question. Is this in regards

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to I want to say it's been several years ago for some sewer

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age facilities that

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eventually get built here? Yes it's the wastewater. I was

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wondering why it was

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detention and that was the only reason I guess it's almost

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like in case there's a

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failure of the storage facilities that's what this is for.

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Yes this is a water

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wastewater facility. Yes Jim why don't you come in and come

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to the microphone.

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Good evening everyone I'm Jim Jenks with the DRC

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engineering department. Yeah this

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is basically a city project and it's a wet weather storage

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and pumping facility.

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Basically when we get a wet weather event and we get more

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infiltration into

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our lines this is basically serving as a wide spot in the

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line to accommodate

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those peaks so it's a it's a large tank and pump station

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for pumping it back into

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the collector sewer. Okay thank you sir. You may also have

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any questions. Thank you sir.

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Thank you.

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Chairperson Strange do you want to handle the agenda based

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on our revised items?

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Let's do it that way. We'll have one dry run on getting it

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right. Would you

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like me to go over what we've switched? Sure. Okay the

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chair has made some

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changes in the order of the items to be heard during public

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hearing just for

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everybody's identification both our viewing audience and

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our listening

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audience here. Item 4A has now become 4B. 4B has become 4C.

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4C will now be

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4F. 4D will remain as 4D. Item E will remain as E. Item F

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will become A and a

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note on item F the applicant will be requesting a continu

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ance to the June

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28th meeting and item G will remain as item G and with that

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we can go ahead and

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dive into the plat discussion for the final replat. I beg

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your pardon we can

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talk again I messed up the order here. If we will go to

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item 4B which is going to

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be FR170002. This is Haley's case at Shady Oaks Industrial

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Park. If there any

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questions associated with that we'd be happy to address

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those. Commissioner Beck.

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Thank you chair. Yeah I just briefing question. We've got

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one lot here that has

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several businesses on it. I believe we've got one lot where

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Roven Incorporated

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sits on one of these newer divisions. Workforce Solutions

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of North Central

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Texas and then a third building that houses a Brockman

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Premier Insurance PMI

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Metroplex and United Way. So is this being divided to

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accommodate

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these individual businesses and concerns here? Yes and

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speaking with the

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applicant my understanding is they were previously leasing

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these spaces out and

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now they've decided to subdivide in the instance that these

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individual

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businesses desire to purchase the lots. Okay. Any other

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questions on this

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item? Thank you. Haley you might want to stay because you

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're next again and that

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is the Razor Ranch Town Center replant. I think you should

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walk us through this

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one Haley. All right. Yes so this is a replant of lot 10 R

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for Razor. As you can see

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there are several pages here so let me get to see this

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sheet three actually

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shows best what's going on here. So lot 10 R is was

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previously one large lot and

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the intent of this replant is to split out three out parc

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els that will now be

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lots 22, 23, and 24 I believe. I'm sorry 23, 24, and 25. So

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its intent is to create

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these three out parcel lots along the I-35 frontage road.

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Commissioner Back. Thank you Chair. Is that the intent of a

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large lot like this

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then is to just parcel this out gradually or is that what

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we're to

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anticipate as time goes on then? That's been the trend. Yes

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sir that's been the

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typical pattern for Razor Ranch so in many cases you know

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they'll create it as

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several large lots and then as individual businesses come

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in and seek

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ownership of their parcels they can subdivide. Okay I'm

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always interested in

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what's gonna be built there do we know that now is that

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something I can ask now?

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I'm not aware of what these lots are for. No. Well I

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noticed that is it 25

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the tiny lot it's about half of what the other ones are. 23

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. The southern most lot.

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So what is the size of that? Not off the top of my head but

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we can

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find out. So 23 is just over a half acre. Okay thank you.

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Commissioner Roselle.

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Thank you Chair. I'm just curious about how to this is all

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in a PD right? This is

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there's a zoning overlay. It's an overlay but that doesn't

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have any effect in

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replatting that still they come to us like a general replat

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. Yeah the

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overlay is primarily for design criteria. Gotcha thanks.

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Any other questions for

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Hayley? Thank you Hayley. Thank you. The next item would be

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FR 170009. This is

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Mosey Brias's case and it is a replat of lots 11R1 and 2

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block A of

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Ridge of Southridge and an additional replant on that. Mose

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y

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would you please explain this replant? This is a replat

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they're dividing one

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lot into two lots. It's in the Ridge of Southridge subdiv

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ision and it was

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previously two lots but they the applicant the owner did an

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amended plat

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to remove one of the lot lines in between lot 11 and lot 12

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of the Ridge

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of Southridge subdivision and then they now they're coming

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into dividing into two

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lots again. Commissioner Beck. Thank you Chair. So in all

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likelihood block A is

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probably going to be sold as a residential. The lot 11R?

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Yes. Yes I'm

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sorry the bottom. The bottom is already a single-family

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residential home.

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For residential. Yes. Thank you. Commissioner Sullivan.

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Thank you. So they're just redoing what it was to begin

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with? No.

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They're slightly changing the lot configuration. Okay that

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's fine. I'm just wondering why they went from one to two

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back to one or whatever. Thank you.

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Ms. Aver, I believe you're next as well with item E FR 17

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0005. It's another

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replant of the East Ponder Estates. Are there any questions

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associated with this

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replant? Seeing none we will now go to item F which is a

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replant of the Walmart

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addition. Julie Wyatt would you please come and do a

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presentation on this one?

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All right sorry about that.

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All right so this is the Walmart addition. It's located on

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loop 288. It's in an RCC

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in zoning district. The intent of the replant is to divide

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this lot into

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large lot into two. I'm cutting off this corner here and

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for commercial

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development. Commissioner Beck. Thank You Chair. Julie just

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for the sake of our

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audience that may be viewing us and is on record. There's a

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lot of public

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concern about this picture lot because of the tree so our

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hands are essentially

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tying as far as salvaging those trees so could you kind of

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address that why PNC

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is not going to be able to? I will try and then I may call

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others up to amend my. So

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this lot this plat does meet the technical requirements of

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the Denton

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Development Code and all requirements for the City of Dent

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on and so in that

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respect then yes it is it is just it's approvable in its

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form but there were

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questions regarding the trees and I'll certainly answer any

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questions that I

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can or I don't there are some trees on this lot that there

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are some concerns

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about. What are they obligated as far as salvaging trees?

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They'll have to meet the

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current Denton Development Code requirements for tree

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preservation when

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when they come to develop and and Julie may I interject?

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Yes. Commissioner Beck

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thank you for asking that question. For the edification of

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our audience and our

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PNC members I've actually provided a memo to the chair as

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well regarding this

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lot there has been several questions that have arisen as it

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results as it

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relates to the tree stand located on this subject property.

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The question that

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came forward was or the statements that came forward was

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that this tree stand

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and this area is protected and that the trees cannot be

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removed. It is not just

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with this item that we have been doing research in fact

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staff conducted a very

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thorough research of this tree stand of this property of

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the original replat for

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the Walmart edition of the general development plot that

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was submitted for

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this development of the plat and the plat notes and there

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is no documentation

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in the form of an agreement between property owners and the

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city or between

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or any documentation or conditions in the zoning ordinance

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when the zoning

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change occurred for the subject property which is the

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entire Walmart site now

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this which includes the subject site right now and so the

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trees are not

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protected. There was also discussion as it relates to well

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there was an existing

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tree preservation ordinance that existed and prevailed at

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the time that the

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Walmart site was developed. Well yes absolutely there was a

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landscaping

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screening and preservation ordinance I believe in 1995.

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However that ordinance

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did not require preservation. It actually said try to work

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with the

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topography of the site and accommodate the trees but it did

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not require it. Now

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as we fast forward to now which is 2017 we have a current

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tree preservation

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ordinance that requires preservation and mitigation and it

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's really a 25%

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preservation slash mitigation requirement which is split

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into twelve

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and a half percent which we've discussed in the past. So at

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the end of the day the

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applicant although this is a property that was plotted in

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the past that you

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know technically may not have to comply with certain

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requirements it is now

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complying with the current tree preservation requirements

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and there is

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nothing in our ordinances or any documentation that

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supports that the

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trees cannot be removed. Thank you that was very thorough

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and I appreciate that. I mean

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I'm looking at this lot and based on what I think is going

00:17:26.539 --> 00:17:27.440
there including

00:17:27.440 --> 00:17:31.400
the parking and everything I don't see them being able to

00:17:31.400 --> 00:17:32.319
preserve any trees and

00:17:32.319 --> 00:17:34.799
again there's nothing we can do about that. It will

00:17:34.799 --> 00:17:38.559
mitigate, it will go into a tree fund but I'm not sure how

00:17:38.559 --> 00:17:39.119
they could put a

00:17:39.119 --> 00:17:43.049
raising develop commercial development in there with

00:17:43.049 --> 00:17:44.700
parking everything and manage

00:17:44.700 --> 00:17:48.470
the way those trees are located. Is that a fair assessment?

00:17:48.470 --> 00:17:49.160
So what we're looking at

00:17:49.160 --> 00:17:52.529
tonight and on the agenda is a plat any other development

00:17:52.529 --> 00:17:53.700
regulations as it

00:17:53.700 --> 00:17:56.670
relates to lot coverage, building height, tree preservation

00:17:56.670 --> 00:17:58.559
, tree mitigation, tree

00:17:58.559 --> 00:18:01.390
relocation for example that will come at the time of site

00:18:01.390 --> 00:18:02.799
plan. Site plans are

00:18:02.799 --> 00:18:05.099
not the purview of the Planning and Zoning Commission so if

00:18:05.099 --> 00:18:05.720
the site plan

00:18:05.720 --> 00:18:08.400
complies with the Denton Development Code it will proceed

00:18:08.400 --> 00:18:09.900
forward but just

00:18:09.900 --> 00:18:12.140
for edification it is my understanding that they will be

00:18:12.140 --> 00:18:13.039
able to comply with

00:18:13.039 --> 00:18:16.069
preservation with mitigation and perhaps some relocation of

00:18:16.069 --> 00:18:18.640
trees. Okay thank you.

00:18:18.640 --> 00:18:24.200
Commissioner Tyler. Thank you chair. I know that there were

00:18:24.200 --> 00:18:25.359
some some emails and

00:18:25.359 --> 00:18:30.789
I believe that our legal advisor gave an opinion. Is that

00:18:30.789 --> 00:18:32.920
public or is that? I

00:18:32.920 --> 00:18:37.599
believe it was released publicly. Okay so I just want to

00:18:37.599 --> 00:18:39.119
touch touch on a few

00:18:39.119 --> 00:18:44.420
things that were in that in that opinion. The the issue of

00:18:44.420 --> 00:18:45.440
vested rights was

00:18:45.440 --> 00:18:48.799
brought up because this was this development was plotted in

00:18:48.799 --> 00:18:49.480
some time in

00:18:49.480 --> 00:18:57.359
the 90s. 95. And so they would follow the 1995 would they

00:18:57.359 --> 00:18:58.359
be expected to follow

00:18:58.359 --> 00:19:03.000
the 1995 tree ordinance? There was a tree ordinance not

00:19:03.000 --> 00:19:03.839
necessarily true

00:19:03.839 --> 00:19:08.609
preservation ordinance but that was adopted in 1988 and

00:19:08.609 --> 00:19:09.799
that would have been

00:19:09.799 --> 00:19:13.529
the code provisions that would have been applicable to the

00:19:13.529 --> 00:19:14.839
property at the time

00:19:14.839 --> 00:19:19.000
that it was actually rezoned. It was rezoned and plotted

00:19:19.000 --> 00:19:20.359
the same year. Okay and

00:19:20.359 --> 00:19:26.500
so I this isn't really for this case this is just generally

00:19:26.500 --> 00:19:28.480
what triggers the

00:19:28.480 --> 00:19:32.049
application of new ordinances if you have if you have a

00:19:32.049 --> 00:19:33.599
development an

00:19:33.599 --> 00:19:38.359
existing development and an undeveloped area in the in the

00:19:38.359 --> 00:19:40.039
subdivision and you

00:19:40.039 --> 00:19:44.690
replat does that trigger or is it because you have a

00:19:44.690 --> 00:19:45.359
general development

00:19:45.359 --> 00:19:48.279
plan for it's a good question. The the answer is that

00:19:48.279 --> 00:19:49.119
anytime there's a new

00:19:49.119 --> 00:19:53.670
project and if it's the same project in a series that are

00:19:53.670 --> 00:19:54.880
the same permit of a

00:19:54.880 --> 00:19:57.670
series of permits for the same project then that's when the

00:19:57.670 --> 00:19:58.400
vested rights

00:19:58.400 --> 00:20:03.160
occurs. If it's a different project that's when the vested

00:20:03.160 --> 00:20:04.400
rights may or may

00:20:04.400 --> 00:20:08.400
not apply. Typically when there's a rezoning is when you

00:20:08.400 --> 00:20:09.200
lose those vested

00:20:09.200 --> 00:20:13.299
rights. So a rezone the rezone almost definitely uses

00:20:13.299 --> 00:20:16.019
vested rights. So if you

00:20:16.019 --> 00:20:19.519
have a lot that is like in a general development plan is

00:20:19.519 --> 00:20:20.559
vacant like just an

00:20:20.559 --> 00:20:24.529
empty lot and at some point ten years later or twenty years

00:20:24.529 --> 00:20:26.839
later you replat it

00:20:26.839 --> 00:20:30.430
and prepare it for development is that considered the same

00:20:30.430 --> 00:20:31.720
product or is that

00:20:31.720 --> 00:20:35.079
no longer the same project? That's no longer the same

00:20:35.079 --> 00:20:35.920
project. So to keep the

00:20:35.920 --> 00:20:38.289
vested rights you'd have to have a general development plan

00:20:38.289 --> 00:20:38.880
or something

00:20:38.880 --> 00:20:42.839
and abide by it yeah that that indicated you know lot

00:20:42.839 --> 00:20:44.759
whatever is for commercial

00:20:44.759 --> 00:20:50.440
correct okay and so same thing in in a same thing would

00:20:50.440 --> 00:20:50.880
apply in like a

00:20:50.880 --> 00:20:56.480
residential area if you had if a lot if an residential area

00:20:56.480 --> 00:20:58.920
is platted then they

00:20:58.920 --> 00:21:03.559
like in 2016 they would abide by the 2016 tree ordinances

00:21:03.559 --> 00:21:04.640
for building those

00:21:04.640 --> 00:21:10.759
single-family homes. Yes. And so you might even have like a

00:21:10.759 --> 00:21:11.319
residential

00:21:11.319 --> 00:21:14.900
developments platted in 1980 and there are ten lots that

00:21:14.900 --> 00:21:15.880
never got built out

00:21:15.880 --> 00:21:18.730
but they would still comply with the 1980 version.

00:21:18.730 --> 00:21:19.640
Specifically with tree

00:21:19.640 --> 00:21:22.950
ordinances because those are some of the zoning ordinances

00:21:22.950 --> 00:21:23.960
that we have are an

00:21:23.960 --> 00:21:26.960
exemption to the vested rights work or statute which is

00:21:26.960 --> 00:21:28.519
under 245 of the local

00:21:28.519 --> 00:21:32.329
government code. In particular that statute carves out

00:21:32.329 --> 00:21:34.440
trees and lot

00:21:34.440 --> 00:21:38.349
coverage I believe and a few other things that cannot be

00:21:38.349 --> 00:21:39.359
exempted out

00:21:39.359 --> 00:21:42.410
through zoning requirements so that's going to be included

00:21:42.410 --> 00:21:43.140
in the vested

00:21:43.140 --> 00:21:50.119
rights. But if a zoning so a 1980 lot just to continue this

00:21:50.119 --> 00:21:50.759
this exercise a

00:21:50.759 --> 00:21:55.839
1980 lot was SF3 or whatever that zoning designation was

00:21:55.839 --> 00:21:58.720
and it had a you know no

00:21:58.720 --> 00:22:06.779
lot coverage provisions the the rezone in 2002 makes it NR3

00:22:06.779 --> 00:22:07.859
it now has some

00:22:07.859 --> 00:22:13.440
lot coverage does it does lot coverage apply does the new

00:22:13.440 --> 00:22:14.440
lot coverage apply or

00:22:14.440 --> 00:22:17.180
is it still the 1980 no they would have to file for a

00:22:17.180 --> 00:22:18.119
vested rights

00:22:18.119 --> 00:22:22.299
determination under our code. Okay. I can't really say

00:22:22.299 --> 00:22:24.039
because it's okay so

00:22:24.039 --> 00:22:26.309
it's kind of specific but okay all right yeah so that I

00:22:26.309 --> 00:22:27.519
think that's that's

00:22:27.519 --> 00:22:29.880
enough information I was just when I when I first read the

00:22:29.880 --> 00:22:30.799
opinion I was

00:22:30.799 --> 00:22:33.920
worried that any replat would always fall under the

00:22:33.920 --> 00:22:35.519
original subdivision and

00:22:35.519 --> 00:22:38.039
almost everything's already been divided at some point. I

00:22:38.039 --> 00:22:39.279
didn't I didn't go to

00:22:39.279 --> 00:22:42.490
that because it wasn't in direct response to the question

00:22:42.490 --> 00:22:43.359
now so I'm glad

00:22:43.359 --> 00:22:50.279
you asked that question. Thank you. Any other questions on

00:22:50.279 --> 00:22:50.400
this

00:22:50.400 --> 00:22:59.730
item? I think you're doing G also aren't you? Yes Julie's

00:22:59.730 --> 00:23:06.079
doing G too. Okay change out gotcha.

00:23:13.599 --> 00:23:29.839
G is the zoning case. Yes it is. So this is Z 17-2. So the

00:23:29.839 --> 00:23:31.720
request before you is to

00:23:31.720 --> 00:23:36.130
consider making a recommendation to City Council regarding

00:23:36.130 --> 00:23:37.000
a rezoning for a

00:23:37.000 --> 00:23:42.299
some for property situated in the southeast part of Denton.

00:23:42.299 --> 00:23:43.880
It's 29 acres

00:23:43.880 --> 00:23:50.000
and it is bounded by I-35 Lakeview Boulevard and then also

00:23:50.000 --> 00:23:51.839
the DCTA that

00:23:51.839 --> 00:23:58.079
the railroad corridor in the in the rails to trails. The

00:23:58.079 --> 00:23:59.039
current zoning on

00:23:59.039 --> 00:24:03.940
the property is RCR 1 and sort of the light lavender and

00:24:03.940 --> 00:24:06.240
then RCCD in the

00:24:06.240 --> 00:24:10.329
more purple. The proposed is a commercial use is kind of a

00:24:10.329 --> 00:24:13.799
large retail

00:24:13.799 --> 00:24:19.299
establishment. So when we looked at the request we looked

00:24:19.299 --> 00:24:20.559
at the compatibility

00:24:20.559 --> 00:24:23.960
of the request in this surrounding area and we specifically

00:24:23.960 --> 00:24:25.079
looked at the uses

00:24:25.079 --> 00:24:27.880
as well as the zoning. So we first looked at what was

00:24:27.880 --> 00:24:29.359
really really close to the

00:24:29.359 --> 00:24:32.480
subject property around 200 feet. So adjacent to the

00:24:32.480 --> 00:24:34.279
property you have RCCD

00:24:34.279 --> 00:24:38.130
that's adjacent to I-35. You also have some additional RCR

00:24:38.130 --> 00:24:39.920
1 and then a plan

00:24:39.920 --> 00:24:43.730
development which is a residential plan development to the

00:24:43.730 --> 00:24:44.920
north of the subject

00:24:44.920 --> 00:24:48.759
property. Within that plan development it does have

00:24:48.759 --> 00:24:50.599
residential single-family

00:24:50.599 --> 00:24:54.859
residential lots as well as this treed area is an open

00:24:54.859 --> 00:24:56.559
space lot that has to

00:24:56.559 --> 00:24:59.380
remain per the plan development and there's a park right

00:24:59.380 --> 00:25:00.279
here per the plan

00:25:00.279 --> 00:25:02.869
development and then also you can see that railroad

00:25:02.869 --> 00:25:04.160
corridor with that rail

00:25:04.160 --> 00:25:08.319
to trails. To the south of the subject property is

00:25:08.319 --> 00:25:09.279
commercial development

00:25:09.279 --> 00:25:14.410
along I-35. So we zoom out a little bit we get to around

00:25:14.410 --> 00:25:16.319
500 a buffer of 500 feet

00:25:16.319 --> 00:25:19.440
around the subject property. You can see that that that

00:25:19.440 --> 00:25:20.440
plan development comes

00:25:20.440 --> 00:25:23.960
more into focus. We add in a little NR6 single-family

00:25:23.960 --> 00:25:25.700
adjacent to it as well as

00:25:25.700 --> 00:25:29.140
some of the open space areas for the the adjacent PDs and

00:25:29.140 --> 00:25:32.640
some multi-family. We

00:25:32.640 --> 00:25:38.609
also looked at the mobility of the area. Probably the most

00:25:38.609 --> 00:25:39.799
significant thing you

00:25:39.799 --> 00:25:44.150
see is the I-35 corridor here. You also have Lakeview Boule

00:25:44.150 --> 00:25:45.200
vard. It is an

00:25:45.200 --> 00:25:48.220
arterial it's actually going to kind of kind of jog and

00:25:48.220 --> 00:25:49.440
that arterial is going to

00:25:49.440 --> 00:25:52.559
on our mobility plan at some point in the future will

00:25:52.559 --> 00:25:55.039
continue north through

00:25:55.039 --> 00:25:59.880
Post Oak. There's also Shady Shores is a collector street

00:25:59.880 --> 00:26:00.960
and then there's once

00:26:00.960 --> 00:26:05.279
again that that alternative transportation mode on the

00:26:05.279 --> 00:26:05.680
rails to

00:26:05.680 --> 00:26:09.000
trails. Can I ask a question at this time Julie on the

00:26:09.000 --> 00:26:11.440
transportation? There's

00:26:11.440 --> 00:26:14.130
significant improvements that are being made on the over

00:26:14.130 --> 00:26:15.839
pass over 35 from what

00:26:15.839 --> 00:26:19.740
has been there in the past. Can you refresh our memory as

00:26:19.740 --> 00:26:20.519
to how wide

00:26:20.519 --> 00:26:24.230
that's going to be how many lanes it's going to be or u-

00:26:24.230 --> 00:26:25.799
turns or how that's

00:26:25.799 --> 00:26:29.619
going to be improved? I am not. Jim do you know the

00:26:29.619 --> 00:26:32.000
specific I-35 improvements?

00:26:32.000 --> 00:26:34.839
I'm gonna call Jim Jinx up. He probably have more specific

00:26:34.839 --> 00:26:37.519
information.

00:26:48.079 --> 00:26:48.589
I'm afraid I don't have information on the text doc

00:26:48.589 --> 00:26:53.799
improvements there to the

00:26:53.799 --> 00:26:58.670
ramp but I was asking about the overpass. Right right to

00:26:58.670 --> 00:27:00.519
the overpass I'm in. I

00:27:00.519 --> 00:27:05.359
don't have that information I'm afraid however Lakeview in

00:27:05.359 --> 00:27:06.519
that area will

00:27:06.519 --> 00:27:10.339
ultimately be a primary major arterial that's a six lane

00:27:10.339 --> 00:27:12.599
divided. Well maybe as

00:27:12.599 --> 00:27:16.720
I ask a chair can we between now and when we get in at 630

00:27:16.720 --> 00:27:17.240
and before the

00:27:17.240 --> 00:27:20.740
sign can we check and find out what text dots improvements

00:27:20.740 --> 00:27:21.960
for that overpass are

00:27:21.960 --> 00:27:26.119
going to be possibly? Yes sir. Okay thank you. Commissioner

00:27:26.119 --> 00:27:27.440
Selva, sign for. I

00:27:27.440 --> 00:27:30.619
believe it's going to be a four lane divided because they

00:27:30.619 --> 00:27:31.680
had the two lanes

00:27:31.680 --> 00:27:34.460
already built out the north side and the south side they're

00:27:34.460 --> 00:27:35.839
finishing up now. Okay

00:27:35.839 --> 00:27:40.089
and so you got two lanes coming out of the Oakmont area

00:27:40.089 --> 00:27:41.720
that's divided I think

00:27:41.720 --> 00:27:45.950
those will match up to go across the 35. There be any u-

00:27:45.950 --> 00:27:47.680
turns do you know? I

00:27:47.680 --> 00:27:50.440
don't see I haven't seen any it didn't look like there's

00:27:50.440 --> 00:27:51.519
gonna be any u-turns.

00:27:51.519 --> 00:27:56.279
Commissioner Back. Thank You Chair. Just for clarification

00:27:56.279 --> 00:27:57.799
too I believe Shady

00:27:57.799 --> 00:28:00.470
Shores isn't gonna change any as far as width is that

00:28:00.470 --> 00:28:01.799
correct? It will the

00:28:01.799 --> 00:28:04.319
traffic it can handle now it will be able to handle the

00:28:04.319 --> 00:28:05.240
traffic when the

00:28:05.240 --> 00:28:11.119
developments built if it's built? Well we have not seen we

00:28:11.119 --> 00:28:12.460
have not reached the

00:28:12.460 --> 00:28:15.410
planning stage we have not seen their layout here in the

00:28:15.410 --> 00:28:18.880
zoning case. We will

00:28:18.880 --> 00:28:22.369
exact what the code would support as far as street

00:28:22.369 --> 00:28:24.559
improvements. One thing that

00:28:24.559 --> 00:28:29.089
has been discussed is possibly widening the portion of Sh

00:28:29.089 --> 00:28:30.359
ady Shores that is

00:28:30.359 --> 00:28:35.750
currently unimproved or uncurbed to a right away of 40 foot

00:28:35.750 --> 00:28:36.880
back to back.

00:28:36.880 --> 00:28:40.009
That's one thing that's been discussed. A portion of Shady

00:28:40.009 --> 00:28:41.160
Shores in this area is

00:28:41.160 --> 00:28:46.079
improved it has curves the western portion does not.

00:28:46.079 --> 00:28:47.839
Between Lakeview and

00:28:47.839 --> 00:28:53.039
35 correct? From Lakeview going a little bit west it is

00:28:53.039 --> 00:28:55.920
curved and then further

00:28:55.920 --> 00:29:04.049
west along Shady Shores to 35 it is not. And again just for

00:29:04.049 --> 00:29:04.960
clarification we're

00:29:04.960 --> 00:29:07.819
talking about this eventually becoming a six lane road Lake

00:29:07.819 --> 00:29:09.680
view that is. That's not

00:29:09.680 --> 00:29:12.640
even in the drawing that's not even being drawn up that's

00:29:12.640 --> 00:29:15.160
just. No sir but one

00:29:15.160 --> 00:29:19.549
of our. That's our ultimate section. Right. But one thing

00:29:19.549 --> 00:29:20.079
that has been

00:29:20.079 --> 00:29:24.720
discussed for that may be triggered by this project based

00:29:24.720 --> 00:29:26.200
on their their impact

00:29:26.200 --> 00:29:29.839
would be a traffic signal at the intersection of Lakeview

00:29:29.839 --> 00:29:30.519
and Shady

00:29:30.519 --> 00:29:35.920
Shores. Thank you. Commissioner Rossell. Thank you chair. I

00:29:35.920 --> 00:29:37.880
have a question and

00:29:37.880 --> 00:29:42.180
hopefully you can answer someone here could but with the

00:29:42.180 --> 00:29:43.799
ownership that

00:29:43.799 --> 00:29:48.720
Kroger would have on either side of the street what onus

00:29:48.720 --> 00:29:50.440
can we put on them for

00:29:50.440 --> 00:29:55.779
improvement or is it ever applicable in which they just

00:29:55.779 --> 00:29:58.200
take over the the road

00:29:58.200 --> 00:30:01.319
as an internal road to their construction and the city

00:30:01.319 --> 00:30:01.720
doesn't have to

00:30:01.720 --> 00:30:05.059
worry about the improvements is there any thoughts behind

00:30:05.059 --> 00:30:06.000
either one of those?

00:30:06.000 --> 00:30:12.779
Well Shady Shores is on our mobility plan as ultimately

00:30:12.779 --> 00:30:14.960
being a collector

00:30:14.960 --> 00:30:21.289
street so just for for the local mobility there I think we

00:30:21.289 --> 00:30:22.119
would want it

00:30:22.119 --> 00:30:31.539
to stay as a city street in that designation and again we

00:30:31.539 --> 00:30:33.799
we anticipate

00:30:33.799 --> 00:30:39.119
exacting a widening and improvement of Shady Shores to 40

00:30:39.119 --> 00:30:40.960
foot back to back at

00:30:40.960 --> 00:30:44.730
least where it's not curb that would be wide enough to

00:30:44.730 --> 00:30:46.460
facilitate one lane in

00:30:46.460 --> 00:30:50.069
each direction plus a continuous left turn lane in between.

00:30:50.069 --> 00:30:51.279
And do they have

00:30:51.279 --> 00:30:54.539
the ability to do that themselves or they we've talked

00:30:54.539 --> 00:30:56.240
about in the past what

00:30:56.240 --> 00:30:59.640
options they have if because couldn't they do the

00:30:59.640 --> 00:31:00.960
improvements and get credits

00:31:00.960 --> 00:31:04.509
back for the road impact fees if they do that? Yes sir.

00:31:04.509 --> 00:31:05.720
Okay that's all I have.

00:31:05.720 --> 00:31:14.519
Thanks. Any other questions on mobility or traffic? Thank

00:31:14.519 --> 00:31:16.319
you Jim.

00:31:16.799 --> 00:31:23.299
All right so taking all of those factors the adjacent land

00:31:23.299 --> 00:31:25.640
uses the the adjacent

00:31:25.640 --> 00:31:28.799
zoning and also the mobility we looked at the compatibility

00:31:28.799 --> 00:31:30.359
of the request and

00:31:30.359 --> 00:31:34.519
the conditions around it. So CMG district is one of our

00:31:34.519 --> 00:31:35.400
commercial mixed use

00:31:35.400 --> 00:31:39.230
districts. It's intended to provide the necessary retail

00:31:39.230 --> 00:31:41.799
service, office, and

00:31:41.799 --> 00:31:44.700
some residential uses that are intended to serve the

00:31:44.700 --> 00:31:47.279
community. It's kind of

00:31:47.279 --> 00:31:51.369
it's a bridge between our more neighborhood scale and use

00:31:51.369 --> 00:31:52.359
district of

00:31:52.359 --> 00:31:57.250
like the NRMU, NRMU 12 and the more regional zoning

00:31:57.250 --> 00:31:59.839
districts and in terms

00:31:59.839 --> 00:32:03.859
of uses and scale and that RCCD and those those regional

00:32:03.859 --> 00:32:05.039
family of districts.

00:32:05.039 --> 00:32:08.069
So this is kind of between that it's that transitional

00:32:08.069 --> 00:32:10.400
zoning district. CMG

00:32:10.400 --> 00:32:12.880
often requires access to major roadways or at their

00:32:12.880 --> 00:32:14.519
intersection of local roads

00:32:14.519 --> 00:32:16.450
and arterial streets we want to make sure that there's

00:32:16.450 --> 00:32:18.240
access to the sites. And as

00:32:18.240 --> 00:32:22.000
I said it is that transitional between that high density

00:32:22.000 --> 00:32:23.279
highway development

00:32:23.279 --> 00:32:29.000
and the residential development to to the north. This site

00:32:29.000 --> 00:32:29.640
in particular

00:32:29.640 --> 00:32:33.329
has physical barriers between it and the residential

00:32:33.329 --> 00:32:35.279
development. It's got that

00:32:35.279 --> 00:32:39.369
rails to trails, it's got the railroad corridor, it's also

00:32:39.369 --> 00:32:39.920
got the open

00:32:39.920 --> 00:32:43.059
space in the park so it does there is a physical separation

00:32:43.059 --> 00:32:45.160
between the site. So

00:32:45.160 --> 00:32:47.500
when we looked at that we felt like that this was an

00:32:47.500 --> 00:32:48.720
appropriate zoning district

00:32:48.720 --> 00:32:51.730
because it's in this it's in this area between the highway

00:32:51.730 --> 00:32:52.920
and the residential

00:32:52.920 --> 00:32:57.009
development so it provides that that transition. We also

00:32:57.009 --> 00:32:58.319
looked at the Denton

00:32:58.319 --> 00:33:04.200
plan. This area does is designated as community mixed use.

00:33:04.200 --> 00:33:06.319
CMG aligns with that

00:33:06.319 --> 00:33:10.980
community mixed use future land use designation. As in CMG

00:33:10.980 --> 00:33:12.599
the zoning

00:33:12.599 --> 00:33:16.990
district the typical development is is more retail service

00:33:16.990 --> 00:33:18.200
office with some

00:33:18.200 --> 00:33:23.079
some high density development and and as I said those uses

00:33:23.079 --> 00:33:24.599
in CMG do align with

00:33:24.599 --> 00:33:29.130
this future land use. So when we look at CMG we wanted to

00:33:29.130 --> 00:33:30.359
see where CMG actually

00:33:30.359 --> 00:33:33.289
was located within the city of Denton and how it how it

00:33:33.289 --> 00:33:34.440
related to not only

00:33:34.440 --> 00:33:37.829
access areas of access but also nearby residential

00:33:37.829 --> 00:33:39.680
development. So hopefully

00:33:39.680 --> 00:33:43.089
y'all can see this but here is so just to orient you here's

00:33:43.089 --> 00:33:45.200
here's the loop. We

00:33:45.200 --> 00:33:49.440
have I-35E coming here. Here's University so so those are

00:33:49.440 --> 00:33:49.880
kind of the big

00:33:49.880 --> 00:33:53.150
landmarks and the pink is the areas that we see CMG and so

00:33:53.150 --> 00:33:54.240
you can kind of see

00:33:54.240 --> 00:33:57.359
those areas where it's typically located. It's typically

00:33:57.359 --> 00:33:58.440
located along our

00:33:58.440 --> 00:34:02.529
arterials where there's there's access but close to

00:34:02.529 --> 00:34:04.440
residential so that so that

00:34:04.440 --> 00:34:07.200
neighborhoods and our communities can access it easily.

00:34:07.200 --> 00:34:08.559
When you look in the

00:34:08.559 --> 00:34:13.099
southern part of Denton you can you can then see it's it's

00:34:13.099 --> 00:34:14.639
in this area it's

00:34:14.639 --> 00:34:19.039
along I-35 and Teasley and then here is our subject

00:34:19.039 --> 00:34:21.280
property. And the intent of

00:34:21.280 --> 00:34:25.059
the CMG future land use in this area is to provide some of

00:34:25.059 --> 00:34:26.320
those necessary

00:34:26.320 --> 00:34:29.219
services for our southeast Denton area where we don't

00:34:29.219 --> 00:34:30.559
really have that sort of

00:34:30.559 --> 00:34:36.050
neighborhood that community center. We also looked at how

00:34:36.050 --> 00:34:37.360
these zoning

00:34:37.360 --> 00:34:40.380
districts compared so we'll go over this briefly I won't go

00:34:40.380 --> 00:34:42.199
over every use but I

00:34:42.199 --> 00:34:44.719
wanted to talk about the intent of why we have those uses.

00:34:44.719 --> 00:34:45.760
So I think I think we

00:34:45.760 --> 00:34:49.070
kind of understand CMG it's it's intended to be that sort

00:34:49.070 --> 00:34:50.320
of mixed use it's sort

00:34:50.320 --> 00:34:55.630
of the mid-scale maximum height the 65 feet. RCR 1 is one

00:34:55.630 --> 00:34:56.760
of our regional

00:34:56.760 --> 00:34:59.880
zoning districts but it's more of the neighborhood regional

00:34:59.880 --> 00:35:00.760
district so it's

00:35:00.760 --> 00:35:06.159
intended to have commercial uses a mixed use district and

00:35:06.159 --> 00:35:06.960
and and residential

00:35:06.960 --> 00:35:11.380
uses all together but on a neighborhood scale. RCCD is one

00:35:11.380 --> 00:35:12.280
of our highest

00:35:12.280 --> 00:35:16.239
zoning districts it's it's got a lot of commercial uses at

00:35:16.239 --> 00:35:17.440
a very high intensity

00:35:17.440 --> 00:35:20.730
the types of things that you would see on highways. So you

00:35:20.730 --> 00:35:21.639
can see here their

00:35:21.639 --> 00:35:26.179
residential uses commercial land uses CMG has it has a lot

00:35:26.179 --> 00:35:27.760
of commercial land

00:35:27.760 --> 00:35:33.639
uses embedded with it as well as do RCR 1 and RCCD.

00:35:33.639 --> 00:35:37.079
Industrial land uses

00:35:37.079 --> 00:35:42.079
institutional and then building scale so here we've got the

00:35:42.079 --> 00:35:43.360
build the maximum

00:35:43.360 --> 00:35:47.210
building height of CMG is 65 feet and RCR 1 is 40 feet and

00:35:47.210 --> 00:35:49.000
the RCCD it's 100 feet.

00:35:49.000 --> 00:35:53.440
So we did send out a public notification for the request

00:35:53.440 --> 00:35:55.000
and we've received one

00:35:55.000 --> 00:35:57.639
letter in favor I know you've got a lot of letters in your

00:35:57.639 --> 00:35:58.639
backup there was a

00:35:58.639 --> 00:36:02.059
lot of a lot of neighborhood interest in this request. The

00:36:02.059 --> 00:36:03.079
city did have a

00:36:03.079 --> 00:36:07.039
neighborhood meeting and they we had quite a few attendees

00:36:07.039 --> 00:36:08.000
there wasn't a

00:36:08.000 --> 00:36:11.920
real consensus on on the on the feeling of the neighborhood

00:36:11.920 --> 00:36:13.000
we had got a lot of

00:36:13.000 --> 00:36:18.969
good feedback and and a lot of comments but but there weren

00:36:18.969 --> 00:36:20.119
't a lot of the

00:36:20.119 --> 00:36:22.750
residential areas that fell within the notification

00:36:22.750 --> 00:36:24.119
boundary so that's why the

00:36:24.119 --> 00:36:26.170
city went ahead and did that neighborhood meeting so we

00:36:26.170 --> 00:36:26.599
could make

00:36:26.599 --> 00:36:29.159
sure that we reached out to the neighborhood and made sure

00:36:29.159 --> 00:36:29.659
they knew

00:36:29.659 --> 00:36:36.239
what was going on. So based upon the future land use the

00:36:36.239 --> 00:36:37.460
the area the

00:36:37.460 --> 00:36:41.039
location of the property the character of the area we staff

00:36:41.039 --> 00:36:42.079
does recommend

00:36:42.079 --> 00:36:45.440
approval of the request and I'll stand for any questions.

00:36:45.440 --> 00:36:46.679
Commissioner Roselle.

00:36:46.679 --> 00:36:49.480
Thank you. Do you know approximately how many people showed

00:36:49.480 --> 00:36:49.800
up for that

00:36:49.800 --> 00:36:53.960
neighborhood meeting? It was probably around 40 and in your

00:36:53.960 --> 00:36:54.800
estimation it was

00:36:54.800 --> 00:36:59.320
a split kind of vibe approval denial or can you tell me

00:36:59.320 --> 00:37:00.480
more about that? Well

00:37:00.480 --> 00:37:04.760
there wasn't an overwhelming feeling on either side we

00:37:04.760 --> 00:37:05.960
really did I mean I

00:37:05.960 --> 00:37:09.780
didn't I don't know exact numbers but I would say just the

00:37:09.780 --> 00:37:10.960
comments that we

00:37:10.960 --> 00:37:15.050
received from that group there was it was pretty evenly

00:37:15.050 --> 00:37:16.320
divided between those

00:37:16.320 --> 00:37:18.369
who are like okay that's fine I just wanted to hear about

00:37:18.369 --> 00:37:19.000
it and those who

00:37:19.000 --> 00:37:23.309
had concerns about the rezoning. Is it ever appropriate in

00:37:23.309 --> 00:37:25.159
those meetings to

00:37:25.159 --> 00:37:29.070
actually get a poll or a tally since they don't have the

00:37:29.070 --> 00:37:29.840
official

00:37:29.840 --> 00:37:32.429
notification just to kind of get more tangible numbers for

00:37:32.429 --> 00:37:33.280
the Commission and

00:37:33.280 --> 00:37:36.849
Council to say 40 people showed up 30 people said there has

00:37:36.849 --> 00:37:37.440
that ever been

00:37:37.440 --> 00:37:41.429
done in the past these meetings? I've never seen it. Okay

00:37:41.429 --> 00:37:43.840
thank you.

00:37:45.320 --> 00:37:48.559
Commissioner Ellis. Thank you Chair. Julie I just had a

00:37:48.559 --> 00:37:49.960
quick question with the way

00:37:49.960 --> 00:37:53.000
this rail trail comes in there on the north there would a

00:37:53.000 --> 00:37:54.159
buffer still be

00:37:54.159 --> 00:37:57.920
necessary on this site when developed? The code wouldn't

00:37:57.920 --> 00:37:59.000
require it because

00:37:59.000 --> 00:38:03.320
there isn't a use adjacent to it that would require that.

00:38:03.320 --> 00:38:04.280
Is that something

00:38:04.280 --> 00:38:06.889
that could be done when the site plan is discussed? We

00:38:06.889 --> 00:38:08.079
could always discuss it

00:38:08.079 --> 00:38:10.820
with the applicant it's certainly something that that we

00:38:10.820 --> 00:38:11.119
could discuss

00:38:11.119 --> 00:38:14.489
with but it we don't have anything in the code that would

00:38:14.489 --> 00:38:15.760
require it. Okay

00:38:15.760 --> 00:38:21.269
thanks. Commissioner Taylor. Thank you Chair. Just a couple

00:38:21.269 --> 00:38:22.280
of questions on it

00:38:22.280 --> 00:38:25.449
looks like a fair portion of the northern portion part of

00:38:25.449 --> 00:38:27.480
this these lots

00:38:27.480 --> 00:38:35.280
are in floodplain. Yes sir. Is there does the had the

00:38:35.280 --> 00:38:36.760
applicant considered

00:38:36.760 --> 00:38:41.119
intentionally leaving a part of that out of the development

00:38:41.119 --> 00:38:42.559
to to provide it more

00:38:42.559 --> 00:38:46.110
of a buffer? The applicant is here and I think that would

00:38:46.110 --> 00:38:46.840
be something that they

00:38:46.840 --> 00:38:50.010
could probably answer at the regular session. I know before

00:38:50.010 --> 00:38:51.079
they could impact

00:38:51.079 --> 00:38:55.059
that area that they would have to get the necessary appro

00:38:55.059 --> 00:38:56.320
vals to do it so it's

00:38:56.320 --> 00:39:00.679
not they have some work to do on that on that end in order

00:39:00.679 --> 00:39:01.880
to if they did want to

00:39:01.880 --> 00:39:06.519
impact that area. Yes and there is ESA on the site so they

00:39:06.519 --> 00:39:07.440
would have to get if

00:39:07.440 --> 00:39:09.539
they wanted to impact that ESA they would have to get City

00:39:09.539 --> 00:39:10.280
Council approval

00:39:10.280 --> 00:39:13.400
to do it. It would come back to this board and then City

00:39:13.400 --> 00:39:15.000
Council approval.

00:39:15.000 --> 00:39:20.079
Would it be possible to see the ESA map in there? Sure sure

00:39:20.079 --> 00:39:22.599
I can pull that up.

00:39:25.880 --> 00:39:33.559
Any other questions for Julie on this item? Thank you Julie

00:39:33.559 --> 00:39:38.760
. Okay that is all

00:39:38.760 --> 00:39:44.510
the items on our agenda for this evening so at 6 10 I'm

00:39:44.510 --> 00:39:47.079
going to close our work

00:39:47.079 --> 00:39:49.360
session.

00:39:55.880 --> 00:39:56.880
.

00:40:25.880 --> 00:40:36.750
, and welcome to the city of Denton planning and zoning

00:40:36.750 --> 00:40:54.880
commission meeting for June 14, 2017.

00:40:54.880 --> 00:40:59.480
This meeting has been duly posted and we have a quorum

00:40:59.480 --> 00:41:03.880
present and I'm going to call us to order at 635.

00:41:03.880 --> 00:41:07.210
Our first order of business will be to stand and give the

00:41:07.210 --> 00:41:08.880
pledge to the U.S. and the Texas flag.

00:41:24.880 --> 00:41:49.880
Our next order of business will be to consider the approval

00:41:49.880 --> 00:41:53.880
of our planning and zoning commission meetings for May 24.

00:41:53.880 --> 00:41:56.880
I was absent so I'll be abstaining from the vote.

00:41:56.880 --> 00:41:59.880
The chair would entertain a motion.

00:41:59.880 --> 00:42:00.880
Commissioner back.

00:42:00.880 --> 00:42:01.880
Thank you chair.

00:42:01.880 --> 00:42:03.880
I move we approve the minutes.

00:42:03.880 --> 00:42:04.880
Okay.

00:42:04.880 --> 00:42:05.880
Commissioner Ellis.

00:42:05.880 --> 00:42:06.880
I will second that.

00:42:06.880 --> 00:42:07.880
Okay.

00:42:07.880 --> 00:42:09.880
We have a first and a second for approval.

00:42:09.880 --> 00:42:12.880
Any discussion?

00:42:12.880 --> 00:42:16.880
Seeing none, I'll call for a vote on the board.

00:42:23.880 --> 00:42:35.880
That motion carries five to zero.

00:42:35.880 --> 00:42:40.880
I will move us to our consent agenda.

00:42:40.880 --> 00:42:41.880
Commissioner Roselle.

00:42:41.880 --> 00:42:45.880
I move approval of the consent agenda.

00:42:45.880 --> 00:42:46.880
Commissioner Beck.

00:42:46.880 --> 00:42:47.880
Second.

00:42:47.880 --> 00:42:48.880
Okay.

00:42:48.880 --> 00:42:52.969
We have a first and a second for approval of the consent

00:42:52.969 --> 00:42:53.880
agenda.

00:42:53.880 --> 00:42:57.880
Any discussion?

00:42:57.880 --> 00:43:09.880
Seeing none, I'll call for a vote on the board.

00:43:09.880 --> 00:43:12.880
That motion carries six to zero.

00:43:12.880 --> 00:43:15.880
That will move us to our public hearing section.

00:43:15.880 --> 00:43:19.880
We've had a number of changes this evening.

00:43:19.880 --> 00:43:24.420
We're going to be changing the order of the items that we

00:43:24.420 --> 00:43:25.880
have tonight.

00:43:25.880 --> 00:43:30.400
We're going to hear item what was item F first is going to

00:43:30.400 --> 00:43:32.880
become our item A this evening,

00:43:32.880 --> 00:43:43.880
which is going to be S16-0007.

00:43:43.880 --> 00:44:01.880
Do we even open it or just go ahead?

00:44:01.880 --> 00:44:05.880
Do we have to have a motion to continue it?

00:44:05.880 --> 00:44:06.880
Okay.

00:44:06.880 --> 00:44:09.880
So we just ask for a motion.

00:44:09.880 --> 00:44:10.880
Okay.

00:44:10.880 --> 00:44:14.159
So this item has been requested to be continued by the

00:44:14.159 --> 00:44:16.880
applicant to a date certain.

00:44:16.880 --> 00:44:21.880
And that date certain is going to be June the 28th.

00:44:21.880 --> 00:44:27.670
So the chair would entertain a motion for a continuation to

00:44:27.670 --> 00:44:29.880
June the 28th.

00:44:29.880 --> 00:44:30.880
Commissioner Roselle.

00:44:30.880 --> 00:44:37.880
I move to move agenda items S16-0007 to June 28th.

00:44:37.880 --> 00:44:40.880
Okay.

00:44:40.880 --> 00:44:41.880
Okay.

00:44:41.880 --> 00:44:42.880
Commissioner Sullivan.

00:44:42.880 --> 00:44:43.880
I second that.

00:44:43.880 --> 00:44:44.880
Okay.

00:44:44.880 --> 00:44:47.269
We have a first and a second for continuance for date

00:44:47.269 --> 00:44:48.880
certain of June the 28th.

00:44:48.880 --> 00:44:51.880
Any discussion?

00:44:51.880 --> 00:45:01.880
Seeing none, we'll call for a vote on the board.

00:45:01.880 --> 00:45:03.880
The motion has carried six to zero.

00:45:03.880 --> 00:45:06.440
For those of you that have come out this evening, please

00:45:06.440 --> 00:45:10.880
come back on June the 28th on that item.

00:45:10.880 --> 00:45:14.030
That will move us to what was our item A will now become

00:45:14.030 --> 00:45:14.880
our item B.

00:45:14.880 --> 00:45:23.880
So I'm going to open the public hearing for FR17-0002.

00:45:23.880 --> 00:45:43.920
And I will ask Haley to come down and make a presentation

00:45:43.920 --> 00:45:47.880
on that.

00:45:47.880 --> 00:45:53.059
Yes, so this is a final replat of the Shady Oaks industrial

00:45:53.059 --> 00:45:53.880
park.

00:45:53.880 --> 00:45:56.920
It is presently one lot and the purpose of the replat is to

00:45:56.920 --> 00:45:58.880
subdivide this into three lots.

00:45:58.880 --> 00:46:00.980
All of the lots are currently fully developed with

00:46:00.980 --> 00:46:01.880
commercial uses.

00:46:01.880 --> 00:46:06.880
And I can answer any questions.

00:46:06.880 --> 00:46:10.880
Any questions for Haley?

00:46:10.880 --> 00:46:12.880
Thank you, Haley.

00:46:12.880 --> 00:46:13.880
This is a public hearing.

00:46:13.880 --> 00:46:16.880
Is there anyone who would like to speak on this item?

00:46:16.880 --> 00:46:19.880
If so, please come forward at this time.

00:46:19.880 --> 00:46:23.280
We do ask just as an announcement if you would like to

00:46:23.280 --> 00:46:24.880
speak, you can fill out cards.

00:46:24.880 --> 00:46:26.880
They're outside the door.

00:46:26.880 --> 00:46:29.539
If you haven't filled out one, you can certainly still come

00:46:29.539 --> 00:46:29.880
speak.

00:46:29.880 --> 00:46:31.880
And then we ask that you fill out a card before you leave.

00:46:31.880 --> 00:46:37.050
So is there anyone that would like to come forward on this

00:46:37.050 --> 00:46:37.880
item?

00:46:37.880 --> 00:46:40.900
Seeing none, I will close the public hearing and open the

00:46:40.900 --> 00:46:42.880
floor for discussion or a motion.

00:46:42.880 --> 00:46:44.880
Commissioner Beck.

00:46:44.880 --> 00:46:45.880
Thank you, Chair.

00:46:45.880 --> 00:46:51.880
I move that we approve FR170002.

00:46:51.880 --> 00:46:54.880
Chair will second.

00:46:54.880 --> 00:46:56.880
We have a first and a second for approval.

00:46:56.880 --> 00:47:03.880
Any discussion?

00:47:03.880 --> 00:47:10.880
Seeing none, I'll call for a vote on board.

00:47:10.880 --> 00:47:14.880
The motion carries six to zero.

00:47:14.880 --> 00:47:18.880
We'll move us to what was our item B that is now our item C

00:47:18.880 --> 00:47:18.880
.

00:47:18.880 --> 00:47:24.880
And I will open the public hearing for FR170008.

00:47:24.880 --> 00:47:34.880
We'll call on Haley for presentation of this item.

00:47:34.880 --> 00:47:38.880
So this is a final replat for Razor Ranch Town Center.

00:47:38.880 --> 00:47:44.869
The intent of the plat is to create three out parcel lots

00:47:44.869 --> 00:47:45.880
within what was formerly lot 10R.

00:47:45.880 --> 00:47:47.880
That will now become lot 10R2.

00:47:47.880 --> 00:47:51.019
And then there will be three out parcels along the I-35

00:47:51.019 --> 00:47:55.880
frontage road that will now be lots 23, 24, and 25.

00:47:55.880 --> 00:47:58.880
And I can stand for any questions.

00:47:58.880 --> 00:48:05.880
Any questions for Haley?

00:48:05.880 --> 00:48:06.880
Thank you, Haley.

00:48:06.880 --> 00:48:08.880
Again, this is a public hearing.

00:48:08.880 --> 00:48:15.809
Anyone who would like to speak on this item, please come

00:48:15.809 --> 00:48:18.880
forward at this time.

00:48:18.880 --> 00:48:22.530
Seeing none, we'll close the public hearing and open the

00:48:22.530 --> 00:48:24.880
floor for discussion or a motion.

00:48:24.880 --> 00:48:26.880
Commissioner Taylor?

00:48:26.880 --> 00:48:31.880
I move we approve FR170008.

00:48:31.880 --> 00:48:32.880
Commissioner Ellis?

00:48:32.880 --> 00:48:33.880
I will second.

00:48:33.880 --> 00:48:36.880
Okay, we have a first and a second for approval.

00:48:36.880 --> 00:48:42.880
Any discussion?

00:48:42.880 --> 00:48:56.880
Seeing none, we'll call for a vote on the board.

00:48:56.880 --> 00:49:00.880
That motion carries 6 to 0.

00:49:00.880 --> 00:49:05.880
We have moved what is our item D will become our item F.

00:49:05.880 --> 00:49:11.010
So that will move us down to -- excuse me, item C is now

00:49:11.010 --> 00:49:11.880
our F.

00:49:11.880 --> 00:49:15.880
Still getting that confused.

00:49:15.880 --> 00:49:19.880
Our item D is still going to be our item D.

00:49:19.880 --> 00:49:34.539
I'm going to open the public hearing for FR170009 and I

00:49:34.539 --> 00:49:42.880
will call on Zabe for presentation.

00:49:42.880 --> 00:49:47.480
The request is for a final replat of two lots in the Ridge

00:49:47.480 --> 00:49:50.880
of South Trace Subdivision.

00:49:50.880 --> 00:49:55.050
It's located at Holly Hill Lane and meets all the subdiv

00:49:55.050 --> 00:49:56.880
ision regulations.

00:49:56.880 --> 00:49:59.880
I'll stand for any questions if you have any.

00:49:59.880 --> 00:50:04.880
Any questions for Muzza?

00:50:04.880 --> 00:50:07.880
Thank you.

00:50:07.880 --> 00:50:08.880
This is a public hearing.

00:50:08.880 --> 00:50:15.809
Anyone who would like to speak on this item, please come

00:50:15.809 --> 00:50:18.880
forward at this time.

00:50:18.880 --> 00:50:23.750
Seeing none, I will close the public hearing and open the

00:50:23.750 --> 00:50:26.880
floor for discussion or a motion.

00:50:26.880 --> 00:50:27.880
Commissioner O'Zell?

00:50:27.880 --> 00:50:32.880
I move approval of FR170009.

00:50:32.880 --> 00:50:33.880
Commissioner Beck?

00:50:33.880 --> 00:50:34.880
Second.

00:50:34.880 --> 00:50:35.880
Okay.

00:50:35.880 --> 00:50:37.880
We have a first and a second for approval.

00:50:37.880 --> 00:50:42.880
Any discussion?

00:50:42.880 --> 00:50:49.880
Seeing none, I'll call for a vote on the board.

00:50:49.880 --> 00:50:54.880
I'm going to carry 6 to 0.

00:50:54.880 --> 00:50:57.880
We'll move us to our item E.

00:50:57.880 --> 00:51:04.820
I'm going to open the public hearing for FR170005 and we'll

00:51:04.820 --> 00:51:17.880
call on Muzza for presentation of this item as well.

00:51:17.880 --> 00:51:25.610
The request is for a replat of East Ponder State's lot 13

00:51:25.610 --> 00:51:27.880
into 6 lots.

00:51:27.880 --> 00:51:36.570
The replat meets all the subdivision regulations and I'll

00:51:36.570 --> 00:51:42.880
stand for any questions if you have any.

00:51:42.880 --> 00:51:45.880
Sorry.

00:51:45.880 --> 00:51:46.880
Commissioner O'Zell?

00:51:46.880 --> 00:51:47.880
Thank you, Chair.

00:51:47.880 --> 00:51:49.880
Just for clarification, this is ETJ.

00:51:49.880 --> 00:51:52.150
So if there was to be development on this, they would come

00:51:52.150 --> 00:51:53.880
back for another rezoning to move it.

00:51:53.880 --> 00:51:57.210
Or can they develop in the R5DX or is it they can develop

00:51:57.210 --> 00:51:57.880
in ETJ?

00:51:57.880 --> 00:51:58.880
No, they can develop in ETJ.

00:51:58.880 --> 00:51:59.880
They can?

00:51:59.880 --> 00:52:04.880
Okay.

00:52:04.880 --> 00:52:08.880
Any other questions for Muzza?

00:52:08.880 --> 00:52:11.880
Thank you.

00:52:11.880 --> 00:52:12.880
This is a public hearing.

00:52:12.880 --> 00:52:18.960
Anyone who would like to come forward, please do so at this

00:52:18.960 --> 00:52:19.880
time.

00:52:19.880 --> 00:52:24.849
Seeing none, we will close the public hearing and open the

00:52:24.849 --> 00:52:27.880
floor for discussion or motion.

00:52:27.880 --> 00:52:29.880
Commissioner Taylor?

00:52:29.880 --> 00:52:34.880
I move we approve FR170005.

00:52:34.880 --> 00:52:36.880
Commissioner Beck?

00:52:36.880 --> 00:52:37.880
Second.

00:52:37.880 --> 00:52:38.880
Okay.

00:52:38.880 --> 00:52:39.880
We have a first and a second for approval.

00:52:39.880 --> 00:52:44.880
Any further discussion?

00:52:44.880 --> 00:52:54.880
Seeing none, I'll call for a vote on the board.

00:52:54.880 --> 00:52:58.880
The motion will carry 6-0.

00:52:58.880 --> 00:53:02.239
At this time, we're going to backtrack a little bit and we

00:53:02.239 --> 00:53:06.880
're going to revisit item A for some housekeeping.

00:53:06.880 --> 00:53:10.170
Since this item is a public hearing, in order to meet the

00:53:10.170 --> 00:53:14.719
deadline of the 28th, we do not have enough time to re-not

00:53:14.719 --> 00:53:15.880
ice it.

00:53:15.880 --> 00:53:18.739
So staff has asked us to come back and open the public

00:53:18.739 --> 00:53:19.880
hearing on that.

00:53:19.880 --> 00:53:23.230
Ask if anybody wants to speak on it, close the public

00:53:23.230 --> 00:53:26.880
hearing or continue the public hearing until June the 28th

00:53:26.880 --> 00:53:30.679
so that we can stay on schedule for the requested day to

00:53:30.679 --> 00:53:30.880
the 28th.

00:53:30.880 --> 00:53:33.829
And we won't have a delay then because we don't have enough

00:53:33.829 --> 00:53:36.699
time to re-notice it and give enough time for the meeting

00:53:36.699 --> 00:53:37.880
on the 28th.

00:53:37.880 --> 00:53:39.880
So excuse us for that.

00:53:39.880 --> 00:53:40.880
Let's do a little housekeeping.

00:53:40.880 --> 00:53:45.579
So at this time, I'm going to go back and we are going to

00:53:45.579 --> 00:53:50.880
open public hearing for item A, S16-0007.

00:53:50.880 --> 00:53:55.880
Is there anyone who would like to speak on this item?

00:53:55.880 --> 00:53:59.880
Seeing none, I will close the public hearing and the chair

00:53:59.880 --> 00:53:59.880
--

00:53:59.880 --> 00:54:01.880
I apologize.

00:54:01.880 --> 00:54:03.880
I did not close the public hearing.

00:54:03.880 --> 00:54:05.880
I thought I did, but I made a mistake again.

00:54:05.880 --> 00:54:09.699
The public hearing is going to stay open and we are going

00:54:09.699 --> 00:54:15.050
to have a motion for continuance on the 28th and the

00:54:15.050 --> 00:54:17.880
meeting will stay open.

00:54:17.880 --> 00:54:19.880
Commissioner Roselle.

00:54:19.880 --> 00:54:24.340
I move to continue this agenda item until a date certain

00:54:24.340 --> 00:54:25.880
June 28th.

00:54:25.880 --> 00:54:27.880
Commissioner Beck.

00:54:27.880 --> 00:54:29.880
I think you answered my question.

00:54:29.880 --> 00:54:32.039
The three people that were here for this originally got up

00:54:32.039 --> 00:54:33.880
and left so they still will be able to speak.

00:54:33.880 --> 00:54:36.880
That is correct.

00:54:36.880 --> 00:54:37.880
Commissioner Ellis.

00:54:37.880 --> 00:54:39.880
I will second the motion.

00:54:39.880 --> 00:54:43.699
We have a first and a second to continue the open public

00:54:43.699 --> 00:54:46.880
hearing until June 28th on this item.

00:54:46.880 --> 00:54:50.880
Any further discussion?

00:54:50.880 --> 00:54:59.880
Seeing none, I will call for a vote on the board.

00:54:59.880 --> 00:55:03.880
The motion to continue passes 6-0.

00:55:03.880 --> 00:55:05.880
Thank you for allowing us to do that.

00:55:05.880 --> 00:55:08.880
Clean this up.

00:55:08.880 --> 00:55:15.570
We will now progress to our item, what was C, which has now

00:55:15.570 --> 00:55:17.880
become our item F on our agenda this evening.

00:55:17.880 --> 00:55:23.869
At this time I am going to open the public hearing for FR17

00:55:23.869 --> 00:55:25.880
-0004.

00:55:25.880 --> 00:55:34.880
We will call on Julie Wyatt for presentation.

00:55:34.880 --> 00:55:35.880
Good evening.

00:55:35.880 --> 00:55:39.880
I am Julie Wyatt.

00:55:39.880 --> 00:55:46.880
All right.

00:55:46.880 --> 00:55:50.880
We have a replat here of the Walmart addition.

00:55:50.880 --> 00:55:56.099
The purpose of the replat is to divide one commercial lot

00:55:56.099 --> 00:55:58.880
into two commercial lots.

00:55:58.880 --> 00:56:02.659
The zoning for the subject property is RCCN and the

00:56:02.659 --> 00:56:05.880
property is located on loop 288.

00:56:05.880 --> 00:56:13.880
I will stand for any questions.

00:56:13.880 --> 00:56:19.880
Any questions for staff?

00:56:19.880 --> 00:56:21.880
Seeing none, thank you, Julie.

00:56:21.880 --> 00:56:22.880
This is a public hearing.

00:56:22.880 --> 00:56:29.809
Anyone who would like to speak on this item, please come

00:56:29.809 --> 00:56:32.880
forward at this time.

00:56:32.880 --> 00:56:40.289
Please state your name and address for the record and you

00:56:40.289 --> 00:56:43.880
will have four minutes.

00:56:43.880 --> 00:56:47.880
Mr. Chair, did I miss it?

00:56:47.880 --> 00:56:48.880
Maybe I missed it.

00:56:48.880 --> 00:56:51.280
Did you announce that this is supposed to be continued for

00:56:51.280 --> 00:56:51.880
two weeks?

00:56:51.880 --> 00:56:52.880
Is that the case?

00:56:52.880 --> 00:56:53.880
No.

00:56:53.880 --> 00:56:54.880
This is not going to be continued.

00:56:54.880 --> 00:56:55.880
This is Walmart, right?

00:56:55.880 --> 00:56:56.880
This is Walmart.

00:56:56.880 --> 00:56:59.880
We have had quite a few changes on our agenda.

00:56:59.880 --> 00:57:02.880
This is the Walmart issue.

00:57:02.880 --> 00:57:04.880
This is not going to get continued for two weeks?

00:57:04.880 --> 00:57:05.880
No.

00:57:05.880 --> 00:57:08.880
We are hearing it this evening and it was our item C.

00:57:08.880 --> 00:57:11.690
We moved it to the back because we knew we had a number of

00:57:11.690 --> 00:57:13.880
folks interested in this item as well.

00:57:13.880 --> 00:57:16.190
We had one that was going to be continued and move them to

00:57:16.190 --> 00:57:17.880
the beginning.

00:57:17.880 --> 00:57:19.880
We shuffled the agenda.

00:57:19.880 --> 00:57:20.880
Hopefully everybody's ease.

00:57:20.880 --> 00:57:22.880
This didn't mean to be confusing.

00:57:22.880 --> 00:57:24.880
This is a Walmart project.

00:57:24.880 --> 00:57:29.880
Okay.

00:57:29.880 --> 00:57:31.980
Well, it's okay because I did not prepare for since we were

00:57:31.980 --> 00:57:32.880
going to continue.

00:57:32.880 --> 00:57:34.880
But let me start.

00:57:34.880 --> 00:57:35.880
Okay.

00:57:35.880 --> 00:57:36.880
Sure.

00:57:36.880 --> 00:57:37.880
My name is Brian Bentley.

00:57:37.880 --> 00:57:42.880
I live at 2528 Jamestown Lane in Texas 76209.

00:57:42.880 --> 00:57:47.050
There has been many items sent in to staff with concerns

00:57:47.050 --> 00:57:53.880
about this property, concerns with the 1995 P&Z minutes on

00:57:53.880 --> 00:57:53.880
this case.

00:57:53.880 --> 00:57:58.880
And what was recorded in those minutes.

00:57:58.880 --> 00:58:03.199
But there was a legal opinion letter sent out this week and

00:58:03.199 --> 00:58:04.880
it was made public.

00:58:04.880 --> 00:58:08.880
It was sent to the city manager.

00:58:08.880 --> 00:58:11.880
And that letter I'm going to take issue with.

00:58:11.880 --> 00:58:15.969
I find it to be a misleading letter in the way that it's

00:58:15.969 --> 00:58:16.880
worded.

00:58:16.880 --> 00:58:19.880
And I'll give you some examples.

00:58:19.880 --> 00:58:24.570
It says at the time of the 2001 replat there were no tree

00:58:24.570 --> 00:58:27.880
preservation requirements in the city.

00:58:27.880 --> 00:58:32.469
And in the work session earlier tonight it seems that that

00:58:32.469 --> 00:58:36.880
statement really hinges on that word requirement.

00:58:36.880 --> 00:58:40.880
You take the word requirement out, it changes the meaning.

00:58:40.880 --> 00:58:45.170
There is a sentence the tree preservation regulations are

00:58:45.170 --> 00:58:47.880
not adopted until 2004.

00:58:47.880 --> 00:58:53.030
Again in the meeting we heard there was landscape and tree

00:58:53.030 --> 00:58:55.880
stuff as early as 1988.

00:58:55.880 --> 00:58:59.260
And if you take the word preservation out of that sentence,

00:58:59.260 --> 00:59:00.880
it changes the meaning.

00:59:00.880 --> 00:59:02.880
There is another one.

00:59:02.880 --> 00:59:06.469
The minutes of the discussion that took place with the P&Z

00:59:06.469 --> 00:59:10.380
back in 1995 do not legally bind the property owner to

00:59:10.380 --> 00:59:11.880
preserving trees.

00:59:11.880 --> 00:59:14.880
The word minutes is very misleading.

00:59:14.880 --> 00:59:18.760
City staff made statements that said the trees were

00:59:18.760 --> 00:59:19.880
preserved.

00:59:19.880 --> 00:59:24.570
The applicant made statements that the trees were preserved

00:59:24.570 --> 00:59:24.880
.

00:59:24.880 --> 00:59:30.280
So yes, maybe the minutes, the whole general discussion is

00:59:30.280 --> 00:59:32.880
not binding on the applicant.

00:59:32.880 --> 00:59:37.949
But when they make a statement and they tell the P&Z and

00:59:37.949 --> 00:59:40.880
the P&Z relies on that statement,

00:59:40.880 --> 00:59:45.019
then I think we ought to follow it because otherwise why do

00:59:45.019 --> 00:59:47.880
we even hold these public hearings?

00:59:47.880 --> 00:59:52.710
If you cannot rely on anything that the applicant says,

00:59:52.710 --> 00:59:56.880
does, or what public says or does, why are we here?

00:59:56.880 --> 01:00:00.789
You can simply look at your books and what's printed in

01:00:00.789 --> 01:00:03.880
your books and make the vote without us.

01:00:03.880 --> 01:00:06.880
So I have many issues with that.

01:00:06.880 --> 01:00:12.050
I have issues with the fact it says that I pointed out that

01:00:12.050 --> 01:00:14.940
the tree preservation is calculated based on the entire

01:00:14.940 --> 01:00:17.880
Walmart property and not just the lot.

01:00:17.880 --> 01:00:19.880
No, I didn't do that.

01:00:19.880 --> 01:00:21.880
That is in the staff notes.

01:00:21.880 --> 01:00:23.880
The staff did that.

01:00:23.880 --> 01:00:25.880
So what is it?

01:00:25.880 --> 01:00:29.730
I get pushed off and given the blame for it or, you know, I

01:00:29.730 --> 01:00:32.880
'm just crazy, it just came out of the thin air on me.

01:00:32.880 --> 01:00:34.880
No, staff did it.

01:00:34.880 --> 01:00:37.880
So I have issues with this letter.

01:00:37.880 --> 01:00:39.880
I have issues.

01:00:39.880 --> 01:00:40.880
I know my time is up.

01:00:40.880 --> 01:00:44.880
It's going to be real quick here.

01:00:44.880 --> 01:00:47.880
So I'm sorry.

01:00:47.880 --> 01:00:50.880
I got to take a breath.

01:00:50.880 --> 01:00:51.880
You all know me.

01:00:51.880 --> 01:00:54.880
You know I'm passionate about this stuff.

01:00:54.880 --> 01:00:58.880
So my issue is not so much the trees.

01:00:58.880 --> 01:00:59.880
The city made agreements.

01:00:59.880 --> 01:01:01.880
We know the city made agreements.

01:01:01.880 --> 01:01:04.880
We know Walmart made agreements.

01:01:04.880 --> 01:01:09.230
And Devin Taylor brought up some very good points about

01:01:09.230 --> 01:01:13.480
when is the vested -- when does the vesting end and when

01:01:13.480 --> 01:01:14.880
does it start?

01:01:14.880 --> 01:01:18.659
And as I still understand it, the vested rights are going

01:01:18.659 --> 01:01:20.880
to end when this is replatted.

01:01:20.880 --> 01:01:22.880
So I'm done.

01:01:22.880 --> 01:01:24.880
Thank you.

01:01:24.880 --> 01:01:25.880
Thank you, Mr. Bentley.

01:01:25.880 --> 01:01:29.050
And I would encourage you if you have some concerns about

01:01:29.050 --> 01:01:30.880
the letter, I would invite you to get with the city.

01:01:30.880 --> 01:01:33.079
I would invite you to get with city staff and let's get

01:01:33.079 --> 01:01:35.400
those addressed and make sure that we're all on the same

01:01:35.400 --> 01:01:35.880
page.

01:01:35.880 --> 01:01:38.880
So thank you for your time and your comments this evening.

01:01:38.880 --> 01:01:39.880
Again, this is a public hearing.

01:01:39.880 --> 01:01:43.300
Anyone who would like to speak on this item, please come

01:01:43.300 --> 01:01:44.880
forward at this time.

01:01:44.880 --> 01:01:47.500
And if you haven't filled out a card, please do so after

01:01:47.500 --> 01:01:48.880
you give your comments.

01:01:48.880 --> 01:01:50.880
Thank you.

01:01:50.880 --> 01:01:51.880
Hi.

01:01:51.880 --> 01:01:54.880
Deb Armentar, 2003 Mistywood Lane.

01:01:54.880 --> 01:02:00.880
Hi.

01:02:00.880 --> 01:02:04.199
I'm concerned about the confusions that the gentleman who

01:02:04.199 --> 01:02:07.880
just spoke named.

01:02:07.880 --> 01:02:13.559
And looking forward on what ends up happening to this

01:02:13.559 --> 01:02:18.880
property, I'm concerned about our tree ordinance,

01:02:18.880 --> 01:02:24.599
which is already kind of weak and might be forced to be

01:02:24.599 --> 01:02:28.880
even weaker at a time when we need to be strengthening it.

01:02:28.880 --> 01:02:31.639
And so I wanted to thank everybody who's been working on

01:02:31.639 --> 01:02:34.980
trying to strengthen it and just to underscore that I

01:02:34.980 --> 01:02:37.880
believe we really do need that.

01:02:37.880 --> 01:02:42.360
And we also need just to follow up on what the gentleman

01:02:42.360 --> 01:02:44.880
was just saying, to have trust in the process,

01:02:44.880 --> 01:02:50.010
citizens do need a sense of consistency that we're not

01:02:50.010 --> 01:02:57.719
getting different legal interpretations for different

01:02:57.719 --> 01:02:59.880
petitioners.

01:02:59.880 --> 01:03:18.940
So I also just wanted to add that-- I'm trying to think how

01:03:18.940 --> 01:03:19.880
best to put this.

01:03:19.880 --> 01:03:26.369
I guess I'll just say that in the case of Buckees, there

01:03:26.369 --> 01:03:31.619
was a promise that was made by Buckees that they weren't

01:03:31.619 --> 01:03:34.880
going to mess with this one environmentally protected area.

01:03:34.880 --> 01:03:37.650
Now, I knew at the time-- I was not so naive at the time to

01:03:37.650 --> 01:03:40.880
think, oh, they promised, so it's not going to happen.

01:03:40.880 --> 01:03:45.880
You know, a promise is not legally binding.

01:03:45.880 --> 01:03:49.510
But, you know, I'm seeing in these kind of discussions

01:03:49.510 --> 01:03:53.019
about, you know, what's going to happen to this Walmart

01:03:53.019 --> 01:03:53.880
property here.

01:03:53.880 --> 01:03:59.559
Also, you know, in terms of the Kroger property, this is

01:03:59.559 --> 01:04:04.880
also an issue where we have people promising in writing

01:04:04.880 --> 01:04:06.880
that they're only going to cut down this many trees

01:04:06.880 --> 01:04:11.739
or they're not going to mess with this one area, and I

01:04:11.739 --> 01:04:16.880
would like to see PNZ or staff or both be a little firmer

01:04:16.880 --> 01:04:18.880
with these people

01:04:18.880 --> 01:04:22.719
in kind of making them either put it in writing and if they

01:04:22.719 --> 01:04:25.880
don't want to, then just letting the public know that this

01:04:25.880 --> 01:04:25.880
is--

01:04:25.880 --> 01:04:29.880
that any kind of promise like this is not legally binding

01:04:29.880 --> 01:04:32.539
because the public has just been disappointed too many

01:04:32.539 --> 01:04:35.880
times with this kind of promise.

01:04:35.880 --> 01:04:39.000
So anyway, apologies for my hesitation and thinking about

01:04:39.000 --> 01:04:40.880
how to most tactfully word that.

01:04:40.880 --> 01:04:43.880
I hope I was tactful. Thank you very much for your time.

01:04:43.880 --> 01:04:45.550
I have a question for you before you go. Commissioner Ros

01:04:45.550 --> 01:04:45.880
sell.

01:04:45.880 --> 01:04:48.219
Thank you, Chair. Thank you for being here and expressing

01:04:48.219 --> 01:04:48.880
your concerns.

01:04:48.880 --> 01:04:51.070
I don't necessarily have a question but more of a support

01:04:51.070 --> 01:04:51.880
of what you said.

01:04:51.880 --> 01:04:54.880
I appreciate your feedback on Kroger.

01:04:54.880 --> 01:04:57.190
It's my interpretation that there are precedents already

01:04:57.190 --> 01:04:57.880
set for that.

01:04:57.880 --> 01:05:01.360
But to your point about Buc-E's and other times in which

01:05:01.360 --> 01:05:04.889
individuals have said or agreed to do something and not

01:05:04.889 --> 01:05:05.880
fulfilled it,

01:05:05.880 --> 01:05:07.929
there's been a couple that I know of where they said they

01:05:07.929 --> 01:05:11.880
wouldn't cut down a tree and did or they blurred lines.

01:05:11.880 --> 01:05:14.239
I'm in complete support of you and the process of the

01:05:14.239 --> 01:05:18.659
commission and staff to increase our teeth when we come to

01:05:18.659 --> 01:05:19.880
enforcing these rules

01:05:19.880 --> 01:05:23.250
because so often not imparting that power and authority

01:05:23.250 --> 01:05:26.880
over these decisions allows that gray area to get wider.

01:05:26.880 --> 01:05:27.880
So I appreciate you saying that.

01:05:27.880 --> 01:05:31.119
I'm in full support of looking about ways in which once

01:05:31.119 --> 01:05:34.579
there's an agreement set that there is some continuity in

01:05:34.579 --> 01:05:35.880
backing that up.

01:05:35.880 --> 01:05:40.880
Thank you very much. That's great to hear. Thank you.

01:05:40.880 --> 01:05:43.909
Again, this is a public hearing. Anyone else who would like

01:05:43.909 --> 01:05:44.880
to speak on this item?

01:05:44.880 --> 01:05:47.880
Commissioner Back, did you have a question?

01:05:47.880 --> 01:05:51.420
Just a statement. I don't have any question. If you were

01:05:51.420 --> 01:05:53.880
opening up for us to speak, I wanted to speak to it.

01:05:53.880 --> 01:05:57.000
If you don't mind, I'll come back to you as soon as we

01:05:57.000 --> 01:05:58.880
close the public hearing.

01:05:58.880 --> 01:06:04.369
Again, this is a public hearing. Anyone who would like to

01:06:04.369 --> 01:06:10.880
speak, please come forward at this time.

01:06:10.880 --> 01:06:14.969
Council. Clay Christie, Clay Moore Engineering, 1903

01:06:14.969 --> 01:06:17.880
Central Drive, Bedford, Texas, 76021.

01:06:17.880 --> 01:06:20.179
We're just here on behalf of the applicant. I'm not

01:06:20.179 --> 01:06:21.880
necessarily here to speak in the public,

01:06:21.880 --> 01:06:24.820
but just to answer really mainly here to answer any

01:06:24.820 --> 01:06:26.880
questions you guys might have.

01:06:26.880 --> 01:06:29.329
I do know that there were some concerns that's obviously

01:06:29.329 --> 01:06:30.880
been brought up about the trees.

01:06:30.880 --> 01:06:34.000
Obviously, I wasn't here whenever they replanted the

01:06:34.000 --> 01:06:36.880
property originally back in the early stages.

01:06:36.880 --> 01:06:38.880
But I do know that we worked with city staff.

01:06:38.880 --> 01:06:41.510
We've come up with a tree preservation plan to make sure

01:06:41.510 --> 01:06:44.579
that we were following all current ordinances and that the

01:06:44.579 --> 01:06:47.719
tree preservation at this time is in compliance with the

01:06:47.719 --> 01:06:49.880
current ordinance that is in place with the city.

01:06:49.880 --> 01:06:52.010
If there's any other questions, I'll be happy to ask. But I

01:06:52.010 --> 01:06:54.400
just want to let you guys know, you know, there is some

01:06:54.400 --> 01:06:55.880
concern about that.

01:06:55.880 --> 01:06:58.769
Thank you for coming up and making that statement. I think

01:06:58.769 --> 01:07:00.880
we're just doing tonight.

01:07:00.880 --> 01:07:05.429
I think you're going to be coming forward with a site plan

01:07:05.429 --> 01:07:06.880
in the future.

01:07:06.880 --> 01:07:10.119
Okay, that's very true. We have city site plan. This is

01:07:10.119 --> 01:07:12.880
just for planning. That's all that we're here for today.

01:07:12.880 --> 01:07:16.880
So thank you for clarifying that.

01:07:16.880 --> 01:07:21.780
And this is a public hearing. Anyone who would like to

01:07:21.780 --> 01:07:26.880
speak on this item, please come forward at this time.

01:07:26.880 --> 01:07:29.619
Seeing none, I will close the public hearing and open the

01:07:29.619 --> 01:07:31.880
floor for discussion. Commissioner Beck.

01:07:31.880 --> 01:07:36.250
Thank you, Chair. I just want to state that I appreciate Mr

01:07:36.250 --> 01:07:38.880
. Bentley coming up and speaking out to this.

01:07:38.880 --> 01:07:43.030
I've personally had some reservations too, and I think a

01:07:43.030 --> 01:07:47.010
lot of us do here, but I felt that our hands were tied and

01:07:47.010 --> 01:07:50.880
we've gotten feedback from legal -- excuse me.

01:07:50.880 --> 01:07:54.789
And so, again, felt like we couldn't do much. But I have

01:07:54.789 --> 01:07:58.880
reason to have pause now based on what Mr. Bentley said.

01:07:58.880 --> 01:08:03.409
And I don't want to -- I'm not the legal expert here, but I

01:08:03.409 --> 01:08:08.190
'm inclined to table this for a little while longer and have

01:08:08.190 --> 01:08:11.489
legal and staff look at this a little bit more deeply and

01:08:11.489 --> 01:08:15.420
make sure that what Mr. Bentley is saying is in fact not

01:08:15.420 --> 01:08:18.380
the case or maybe it is and get it straightened once for

01:08:18.380 --> 01:08:18.880
all.

01:08:18.880 --> 01:08:22.609
Just for my own piece of mind and I think perhaps some

01:08:22.609 --> 01:08:27.010
other people here too. So if that's possible, I would make

01:08:27.010 --> 01:08:30.880
a motion that we table this thing for 30 days.

01:08:30.880 --> 01:08:37.350
Okay. Let me ask an opinion of staff. This will go on to

01:08:37.350 --> 01:08:44.220
City Council. We'll have the final say. Okay. Commissioner

01:08:44.220 --> 01:08:44.880
Taylor.

01:08:44.880 --> 01:08:53.880
Thank you, Chair. So I think Mr. Bentley's points about

01:08:53.880 --> 01:08:57.020
things that are said in front of the commission and

01:08:57.020 --> 01:09:00.489
promises that are made is a good example of a cautionary

01:09:00.489 --> 01:09:02.880
tale for the members of this body.

01:09:02.880 --> 01:09:07.199
Many times we've seen the site plan for the rezoning and of

01:09:07.199 --> 01:09:11.510
course the site plan is not binding. And we've heard all

01:09:11.510 --> 01:09:14.880
kinds of promises uttered by developers.

01:09:14.880 --> 01:09:18.399
A lot of times they'll say that they want only this one

01:09:18.399 --> 01:09:22.399
thing. So when we try to put that requirement into writing

01:09:22.399 --> 01:09:26.000
in a recommendation, they withdraw their request or

01:09:26.000 --> 01:09:30.079
suddenly are backtracking and saying they can't really just

01:09:30.079 --> 01:09:32.880
have that one thing they said they needed.

01:09:32.880 --> 01:09:36.979
And unfortunately that is the nature of this. And a lot of

01:09:36.979 --> 01:09:41.239
times the applicant might not even have ill intent. In this

01:09:41.239 --> 01:09:45.880
case, it was 20 something, 22 or 23 years ago.

01:09:45.880 --> 01:09:50.069
Maybe ownership has changed or management has changed. The

01:09:50.069 --> 01:09:53.060
original people that stood here and promised that, that

01:09:53.060 --> 01:09:54.880
promise held for 22 years.

01:09:54.880 --> 01:09:58.439
But something else has changed. You know, same thing on

01:09:58.439 --> 01:10:01.770
ownership of land, a rezone, the company that had the

01:10:01.770 --> 01:10:05.279
beautiful site plan goes bankrupt and somebody else buys

01:10:05.279 --> 01:10:08.930
the property and builds the ugly monstrosity that we wanted

01:10:08.930 --> 01:10:09.880
to avoid.

01:10:09.880 --> 01:10:15.329
That said, in 1995 it was a plat and we cannot place any

01:10:15.329 --> 01:10:20.560
binding requirements on plat. You know, if it's not an SUP

01:10:20.560 --> 01:10:25.880
or an overlay, then there isn't a binding requirement.

01:10:25.880 --> 01:10:30.640
Those were just verbal promises. Those were just, you know,

01:10:30.640 --> 01:10:35.050
somebody saying they intend to do something. So all of that

01:10:35.050 --> 01:10:39.350
says that unfortunately there wasn't anything binding in

01:10:39.350 --> 01:10:40.880
1995.

01:10:40.880 --> 01:10:43.579
We did not have a binding tree ordinance. And I think it's

01:10:43.579 --> 01:10:47.060
a really good indicator. Our current tree ordinance, it

01:10:47.060 --> 01:10:48.880
goes onto the plat now.

01:10:48.880 --> 01:10:53.520
How many square feet of canopy coverage and how many inches

01:10:53.520 --> 01:10:56.520
of trees they have to have. So 30 years from now when they

01:10:56.520 --> 01:11:00.310
go to redevelop, you know, or replat or whatever, you can

01:11:00.310 --> 01:11:03.279
pull up that document filed at the county and you can say

01:11:03.279 --> 01:11:09.880
1700 square feet of canopy or 182 caliper inches required.

01:11:09.880 --> 01:11:14.739
And that's what it takes in order to make this stuff stick.

01:11:14.739 --> 01:11:19.310
The voluntary preservation only works as long as people

01:11:19.310 --> 01:11:21.880
keep volunteering to do it.

01:11:21.880 --> 01:11:25.970
So I don't see what we could possibly find in the record on

01:11:25.970 --> 01:11:29.859
a platting request that would change any of the facts of

01:11:29.859 --> 01:11:30.880
the case.

01:11:30.880 --> 01:11:35.050
Even if they did make those promises, those promises aren't

01:11:35.050 --> 01:11:38.939
binding and there's nothing that they could have done in

01:11:38.939 --> 01:11:43.390
1995 or we could do today to make any promises binding on a

01:11:43.390 --> 01:11:43.880
plat.

01:11:43.880 --> 01:11:45.880
Commissioner Beck. Thank you, Chair.

01:11:45.880 --> 01:11:54.279
Thanks for that, Commissioner Taylor. I would like to give

01:11:54.279 --> 01:12:02.510
Mr. Bentley an opportunity to come back and respond to that

01:12:02.510 --> 01:12:05.880
if he would so desire. Please do.

01:12:05.880 --> 01:12:10.579
Mr. Taylor is correct in a lot of ways on plats. You are

01:12:10.579 --> 01:12:16.479
very limited. You're you are governed by state law on plats

01:12:16.479 --> 01:12:16.880
.

01:12:16.880 --> 01:12:24.050
The question is the validity of this process. If city staff

01:12:24.050 --> 01:12:30.789
can stand up here and make statements to you and you cannot

01:12:30.789 --> 01:12:36.880
rely on those statements, then why are we here?

01:12:36.880 --> 01:12:43.250
Owen Yost, who was city staff, stood up here and told the P

01:12:43.250 --> 01:12:48.880
NZ in 1995, those are protected trees.

01:12:48.880 --> 01:12:53.199
Wal-Mart stood up here and said, yes, we are not going to

01:12:53.199 --> 01:12:57.880
touch those trees. That is all recorded in the minutes.

01:12:57.880 --> 01:13:01.970
This is not. And I understand your point. I served on this

01:13:01.970 --> 01:13:03.880
commission for six years.

01:13:03.880 --> 01:13:11.939
Yes. Maybe we see a building design and we cannot tie the

01:13:11.939 --> 01:13:15.880
developer to that design as the PNZ.

01:13:15.880 --> 01:13:21.279
But when we have legal processes and we cannot even rely on

01:13:21.279 --> 01:13:27.489
the information we're given by the city staff, why are we

01:13:27.489 --> 01:13:28.880
here?

01:13:28.880 --> 01:13:32.279
I think city staff is going to respond with some

01:13:32.279 --> 01:13:36.880
clarification and some more history on this particular item

01:13:36.880 --> 01:13:36.880
.

01:13:36.880 --> 01:13:41.569
If you may want to stay close by if there's some follow up

01:13:41.569 --> 01:13:45.930
questions. I'll call on Manal for some more background on

01:13:45.930 --> 01:13:46.880
this item.

01:13:46.880 --> 01:13:50.470
Thank you, Chairperson Strange. A few things that I wanted

01:13:50.470 --> 01:13:51.880
to make mention to.

01:13:51.880 --> 01:13:55.560
If you recall, during work session we talked about the

01:13:55.560 --> 01:13:59.470
extensive research and quite frankly thorough research that

01:13:59.470 --> 01:14:01.880
staff has conducted to determine

01:14:01.880 --> 01:14:07.239
were those trees or was that area indeed protected? And

01:14:07.239 --> 01:14:09.880
there are no plat notes.

01:14:09.880 --> 01:14:12.239
There are no notes on the general development plan. Nor are

01:14:12.239 --> 01:14:14.880
there any conditions attached with the zoning.

01:14:14.880 --> 01:14:19.100
If you recall, some of you, when the zoning change occurred

01:14:19.100 --> 01:14:22.250
it actually just prohibited some uses but there were no

01:14:22.250 --> 01:14:22.880
other changes associated with that

01:14:22.880 --> 01:14:25.619
from a development perspective. In fact, that could have

01:14:25.619 --> 01:14:27.979
been conditioned as part of the discussion that the

01:14:27.979 --> 01:14:28.880
Planning and Zoning Commission had

01:14:28.880 --> 01:14:33.880
and ultimately the City Council associated with this case.

01:14:33.880 --> 01:14:36.840
Mr. Blentley, you have made mention that a past planner

01:14:36.840 --> 01:14:40.659
with the City of Denton, Mr. Yost, I believe, had indicated

01:14:40.659 --> 01:14:42.880
that there are saplings and mature trees on that side.

01:14:42.880 --> 01:14:46.149
I believe that's the paragraph you're referring to and seed

01:14:46.149 --> 01:14:49.260
lings and those are preserved and that the development can

01:14:49.260 --> 01:14:49.880
proceed.

01:14:49.880 --> 01:14:53.109
I paraphrase, that is not a quote. However, when you look

01:14:53.109 --> 01:14:56.180
at that packet and those records that you're reading, the

01:14:56.180 --> 01:14:58.880
Walmart case actually precedes that discussion.

01:14:58.880 --> 01:15:01.699
So that conversation that you have pointed out to or the

01:15:01.699 --> 01:15:04.569
meeting minutes that you've pointed out are actually in

01:15:04.569 --> 01:15:07.880
reference to a previous case, not the Walmart zoning case.

01:15:07.880 --> 01:15:11.670
So that preservation paragraph that you were referring to

01:15:11.670 --> 01:15:13.880
is not applicable.

01:15:13.880 --> 01:15:18.819
And I'd be happy to sit down with you and go over all the

01:15:18.819 --> 01:15:23.880
documents that we do have and share those with you.

01:15:23.880 --> 01:15:24.880
Commissioner Beck.

01:15:24.880 --> 01:15:30.710
Thank you, Chair. If I may, Menal. So if, as Mr. Blentley

01:15:30.710 --> 01:15:34.880
says, staff and somebody from Walmart said something

01:15:34.880 --> 01:15:36.880
specifically and it is on record.

01:15:36.880 --> 01:15:39.850
It's in the minutes. That's not an official record of any

01:15:39.850 --> 01:15:40.880
kind that we can --

01:15:40.880 --> 01:15:42.880
It was a discussion that potentially occurred.

01:15:42.880 --> 01:15:45.180
The developer did indicate that as part of the

01:15:45.180 --> 01:15:48.350
infrastructure development, when you look at the meeting

01:15:48.350 --> 01:15:50.880
minutes, it references the Walmart site.

01:15:50.880 --> 01:15:54.329
What Mr. Blentley, in my understanding, is referring to is

01:15:54.329 --> 01:15:56.880
a previous discussion on a previous case.

01:15:56.880 --> 01:15:59.750
However, Mr. Bentley is correct in saying that the Walmart

01:15:59.750 --> 01:16:02.949
developer or the representative of Walmart at that time, I

01:16:02.949 --> 01:16:05.880
believe it was a -- done away in associates.

01:16:05.880 --> 01:16:06.880
I'm not quite sure.

01:16:06.880 --> 01:16:10.710
But they indicated that they would be utilizing that area

01:16:10.710 --> 01:16:14.880
for signage, perhaps some infrastructure development.

01:16:14.880 --> 01:16:18.539
Now, that does not preclude for future development to occur

01:16:18.539 --> 01:16:21.880
and for replatting or subdivision of land to occur.

01:16:21.880 --> 01:16:26.260
However, unfortunately, through meeting minutes, none of

01:16:26.260 --> 01:16:30.239
that information was memorialized as part of that zoning

01:16:30.239 --> 01:16:31.880
change ordinance.

01:16:31.880 --> 01:16:36.159
So there is no documentation that then supports the

01:16:36.159 --> 01:16:38.880
preservation of those trees.

01:16:38.880 --> 01:16:43.869
Ms. Molladad, I'm going to take serious issue with some

01:16:43.869 --> 01:16:46.880
statements you just made because --

01:16:46.880 --> 01:16:50.630
I think, Mr. Bentley, maybe the more proper way to handle

01:16:50.630 --> 01:16:52.880
this is what we offered earlier.

01:16:52.880 --> 01:16:55.239
I think it would be best served for all involved and all

01:16:55.239 --> 01:16:57.880
the people in the audience for whatever the questions are

01:16:57.880 --> 01:16:59.880
to get together and let's get to the bottom.

01:16:59.880 --> 01:17:02.560
Because right now we have no documents in front of us that

01:17:02.560 --> 01:17:05.180
can get to the bottom of the points and the concerns that

01:17:05.180 --> 01:17:05.880
you have.

01:17:05.880 --> 01:17:09.880
Okay.

01:17:09.880 --> 01:17:15.010
So we're going to continue on in this with our -- I think

01:17:15.010 --> 01:17:19.880
we are still -- are we still open public hearing?

01:17:19.880 --> 01:17:23.100
We still have -- we have a motion that's been made and not

01:17:23.100 --> 01:17:23.880
seconded.

01:17:23.880 --> 01:17:24.880
Okay.

01:17:24.880 --> 01:17:29.880
And it was a motion to continue for 30 days.

01:17:29.880 --> 01:17:30.880
Okay.

01:17:30.880 --> 01:17:31.880
So --

01:17:31.880 --> 01:17:34.880
Did you -- was it a second you didn't get one?

01:17:34.880 --> 01:17:42.880
I don't think we had a motion at that -- a formal motion.

01:17:42.880 --> 01:17:43.880
Okay.

01:17:43.880 --> 01:17:44.880
You're correct.

01:17:44.880 --> 01:17:47.039
The public hearing has been closed and we have a motion on

01:17:47.039 --> 01:17:48.880
the floor and we're going to do discussion.

01:17:48.880 --> 01:17:51.619
So give us some time here to talk through this and let's

01:17:51.619 --> 01:17:53.880
see where we end up on this item tonight.

01:17:53.880 --> 01:17:57.880
So we have a motion on the floor to table for 30 days.

01:17:57.880 --> 01:18:02.199
I think we had a clarification that P&Z will be the final

01:18:02.199 --> 01:18:05.880
city body that will make a decision on this.

01:18:05.880 --> 01:18:07.880
This will not move on to city council.

01:18:07.880 --> 01:18:13.949
So wherever the decision of P&Z board on this item is, that

01:18:13.949 --> 01:18:17.880
will be where it goes at this point.

01:18:17.880 --> 01:18:18.880
Correct?

01:18:18.880 --> 01:18:19.880
Correct.

01:18:19.880 --> 01:18:24.039
I'm just going to say if you could put the motion on the

01:18:24.039 --> 01:18:24.880
board.

01:18:24.880 --> 01:18:26.880
I think we've got it in Commissioner Rozelle.

01:18:26.880 --> 01:18:32.880
I recognize Commissioner Rozelle for --

01:18:32.880 --> 01:18:37.090
So given the motion that's on the floor, I just wanted to

01:18:37.090 --> 01:18:43.880
speak into my hesitancy to vote for that motion, namely

01:18:43.880 --> 01:18:45.880
because it seems convoluted.

01:18:45.880 --> 01:18:48.390
And I appreciate Mr. Bentley's efforts and the city's

01:18:48.390 --> 01:18:50.880
efforts to cull through seems like a lot of documents,

01:18:50.880 --> 01:18:54.029
and I'm not underestimating the work put forth into trying

01:18:54.029 --> 01:18:55.880
to understand what happened.

01:18:55.880 --> 01:18:59.340
But where I sit, it still seems unclear that if there was a

01:18:59.340 --> 01:19:01.880
protection back then, what it actually entailed.

01:19:01.880 --> 01:19:07.779
And given that the applicant is coming under the provision

01:19:07.779 --> 01:19:10.880
of current tree ordinances,

01:19:10.880 --> 01:19:16.090
if the property was to come to us fresh, they're abiding by

01:19:16.090 --> 01:19:17.880
current statute,

01:19:17.880 --> 01:19:21.270
I just don't know if tabling this would be the appropriate

01:19:21.270 --> 01:19:24.880
action if in 30 days we come back to the same conclusion,

01:19:24.880 --> 01:19:30.060
because I do trust the city's and attorney's work to

01:19:30.060 --> 01:19:34.880
understand what happened 22 years ago.

01:19:34.880 --> 01:19:35.880
Commissioner Beck.

01:19:35.880 --> 01:19:36.880
Thank you, Chair.

01:19:36.880 --> 01:19:37.880
And I agree.

01:19:37.880 --> 01:19:38.880
I trust them too.

01:19:38.880 --> 01:19:43.640
It's not that it's just that for whatever reasons, the city

01:19:43.640 --> 01:19:49.609
didn't also, you know, staff and commissioners, elected

01:19:49.609 --> 01:19:50.880
officials.

01:19:50.880 --> 01:19:54.100
There's a sense out there with some in the public, you know

01:19:54.100 --> 01:19:57.579
, of a little mistrust and just delaying this, I realize may

01:19:57.579 --> 01:19:58.880
not change anything.

01:19:58.880 --> 01:20:02.510
But it just gives that that that second chance to make sure

01:20:02.510 --> 01:20:05.449
that we've read everything clearly and that we can come

01:20:05.449 --> 01:20:06.880
back and feel comfortable about it

01:20:06.880 --> 01:20:10.100
and put anybody that doesn't feel comfortable about it at

01:20:10.100 --> 01:20:12.880
ease that at least they had that opportunity.

01:20:12.880 --> 01:20:19.659
So I would encourage us that we adopt this motion, table it

01:20:19.659 --> 01:20:21.880
for 30 days.

01:20:21.880 --> 01:20:22.880
Okay.

01:20:22.880 --> 01:20:27.079
Do you feel like there hasn't been enough discussion on it

01:20:27.079 --> 01:20:27.880
so far?

01:20:27.880 --> 01:20:31.880
I do, yes.

01:20:31.880 --> 01:20:35.810
I'm not sure that there's a sense out there with some of

01:20:35.810 --> 01:20:37.880
the citizens that there is.

01:20:37.880 --> 01:20:40.880
And I want that opportunity to vell itself to them.

01:20:40.880 --> 01:20:44.310
So there there there isn't any question for an opportunity

01:20:44.310 --> 01:20:48.109
for Mr. Bentley to sit down with our planning director and

01:20:48.109 --> 01:20:49.880
get the kinks worked out.

01:20:49.880 --> 01:20:54.130
And if it's still the same, then I'll have no choice then

01:20:54.130 --> 01:20:55.880
to vote against it.

01:20:55.880 --> 01:20:56.880
Okay.

01:20:56.880 --> 01:21:01.640
But I think for the purpose of just feeling good about the

01:21:01.640 --> 01:21:05.109
whole thing, if I can say that, if it sounds a little

01:21:05.109 --> 01:21:07.880
immature, that we have done everything.

01:21:07.880 --> 01:21:08.880
We have taken our.

01:21:08.880 --> 01:21:12.000
Not that again, I'm accused and all are legal that they

01:21:12.000 --> 01:21:13.880
haven't honestly tried that.

01:21:13.880 --> 01:21:17.880
But until this minute, I didn't have any doubts either.

01:21:17.880 --> 01:21:18.880
Now I do.

01:21:18.880 --> 01:21:21.909
And I just think if we could take that extra little time

01:21:21.909 --> 01:21:23.880
and walk it back one more time.

01:21:23.880 --> 01:21:24.880
Okay.

01:21:24.880 --> 01:21:25.880
Okay.

01:21:25.880 --> 01:21:26.880
Thank you.

01:21:26.880 --> 01:21:27.880
Commissioner Ellis.

01:21:27.880 --> 01:21:28.880
Thank you, Chair.

01:21:28.880 --> 01:21:31.880
Mr. Bentley, I do appreciate your comments.

01:21:31.880 --> 01:21:35.220
And I would urge you to sit down with this very competent

01:21:35.220 --> 01:21:36.880
and hardworking staff.

01:21:36.880 --> 01:21:40.880
My question to staff would be, if we would postpone this,

01:21:40.880 --> 01:21:43.710
is there anything else for you to look at that you haven't

01:21:43.710 --> 01:21:44.880
already looked at?

01:21:44.880 --> 01:21:49.109
Because then we're really just wasting the time of yours

01:21:49.109 --> 01:21:51.880
and the applicants at this point.

01:21:51.880 --> 01:21:54.500
Commissioner Ellis, at this point, given the extensive

01:21:54.500 --> 01:21:57.619
research we've conducted, not just prior to this item being

01:21:57.619 --> 01:22:01.039
placed on the agenda, but actually from the onset of a

01:22:01.039 --> 01:22:03.880
reconnaissance meeting that started with the applicant.

01:22:03.880 --> 01:22:07.029
So this has been, the research was conducted many, many

01:22:07.029 --> 01:22:07.880
months ago.

01:22:07.880 --> 01:22:10.720
And this information was also provided to certain members

01:22:10.720 --> 01:22:12.880
of the community many, many months ago.

01:22:12.880 --> 01:22:16.970
So based on my understanding, we can revisit all the data

01:22:16.970 --> 01:22:19.880
again and all the information again.

01:22:19.880 --> 01:22:23.029
But at this point, given what I have in front of me in my

01:22:23.029 --> 01:22:26.970
capacity and in my position, I would come back with the

01:22:26.970 --> 01:22:29.880
same recommendation to the PNC.

01:22:29.880 --> 01:22:31.880
Commissioner Sullivan.

01:22:31.880 --> 01:22:32.880
Thank you, Chair.

01:22:32.880 --> 01:22:39.180
I appreciate the concern, things that happened 20, 30 years

01:22:39.180 --> 01:22:39.880
ago.

01:22:39.880 --> 01:22:43.630
And I understand your situation and position and everything

01:22:43.630 --> 01:22:43.880
.

01:22:43.880 --> 01:22:48.199
When we have the current developer coming in saying that

01:22:48.199 --> 01:22:53.250
they are going to go by today's tree mitigation program and

01:22:53.250 --> 01:22:57.409
do the things that need to be done to offset whatever

01:22:57.409 --> 01:23:00.479
damages are going to be done and trees removed and new

01:23:00.479 --> 01:23:01.880
trees planted,

01:23:01.880 --> 01:23:06.159
I'm more, I lean more towards what's going on today and not

01:23:06.159 --> 01:23:08.880
what happened 30 years ago.

01:23:08.880 --> 01:23:13.880
Raising canes wasn't even a business 30 years ago.

01:23:13.880 --> 01:23:19.439
So things change, times change, and I think that if we have

01:23:19.439 --> 01:23:22.689
the current developer who says this is what we're going to

01:23:22.689 --> 01:23:24.880
do and have him on record of saying it,

01:23:24.880 --> 01:23:30.239
30 days from now, I'd be much more in a mood to hold their

01:23:30.239 --> 01:23:34.989
feet to the fire than I would something that happened

01:23:34.989 --> 01:23:39.689
before no one on this board was on the PNC board at that

01:23:39.689 --> 01:23:40.880
point.

01:23:40.880 --> 01:23:44.319
And so I don't think that we can be held by something that

01:23:44.319 --> 01:23:48.170
was said 30 years ago and try to make decisions in today's

01:23:48.170 --> 01:23:48.880
world.

01:23:48.880 --> 01:23:53.569
And so that's, you know, I'm just hesitant to postpone this

01:23:53.569 --> 01:23:54.880
any further.

01:23:54.880 --> 01:23:58.149
Let the developer do his thing and come back with a site

01:23:58.149 --> 01:24:01.550
plan and hold their feet to the fire that they are going to

01:24:01.550 --> 01:24:04.880
do what they say they're going to do with the trees.

01:24:04.880 --> 01:24:09.880
Thank you.

01:24:09.880 --> 01:24:23.880
We have a motion on the floor to postpone. We're going to

01:24:23.880 --> 01:24:23.880
have a second.

01:24:23.880 --> 01:24:38.289
I declare that that motion fails and the chair will

01:24:38.289 --> 01:24:44.880
entertain a new motion.

01:24:44.880 --> 01:24:59.880
It's not clear.

01:24:59.880 --> 01:25:02.880
It's clear now. Thank you. No problem.

01:25:02.880 --> 01:25:06.000
So the previous motion has failed for lack of a second. It

01:25:06.000 --> 01:25:06.880
has been cleared.

01:25:06.880 --> 01:25:09.880
Commissioner Taylor.

01:25:09.880 --> 01:25:16.880
I'll jump on this hand grenade.

01:25:16.880 --> 01:25:19.560
This is the fate of these trees and that fate of that

01:25:19.560 --> 01:25:24.359
corner really bothers me because, you know, for the last 20

01:25:24.359 --> 01:25:26.609
something years, it's had a plaque talking about how it's

01:25:26.609 --> 01:25:27.880
been preserved.

01:25:27.880 --> 01:25:36.449
It's part of the cast iron forest, the post oak forest of

01:25:36.449 --> 01:25:41.880
Denton, which is diminishing.

01:25:41.880 --> 01:25:46.479
It really frustrates me that there was nothing binding in

01:25:46.479 --> 01:25:48.880
1995, but there wasn't.

01:25:48.880 --> 01:25:52.539
We didn't have tree ordinances at that time. We didn't have

01:25:52.539 --> 01:25:54.880
binding preservation ordinances at that time.

01:25:54.880 --> 01:25:58.880
And, you know, we're paying the price for that now.

01:25:58.880 --> 01:26:03.140
If in 1995 we would have had preservation ordinances, the

01:26:03.140 --> 01:26:07.329
key here is they're following the new ordinance for their

01:26:07.329 --> 01:26:08.880
little half acre.

01:26:08.880 --> 01:26:12.970
But the entire 200 acre development had trees that they

01:26:12.970 --> 01:26:16.880
removed on the promise of keeping this little half acre.

01:26:16.880 --> 01:26:23.520
All that said, none of that stuff on a plat in 1995 is

01:26:23.520 --> 01:26:25.890
binding. You know, if it isn't written in a plat note or

01:26:25.890 --> 01:26:29.560
there isn't an additional ordinance somewhere, we can't

01:26:29.560 --> 01:26:31.880
enforce a law that doesn't exist.

01:26:31.880 --> 01:26:36.880
So for those reasons, I move that we approve this plat.

01:26:36.880 --> 01:26:37.880
Commissioner Reynolds.

01:26:37.880 --> 01:26:42.649
Thank you, Chair. And I will echo Commissioner Taylor's

01:26:42.649 --> 01:26:43.880
remarks.

01:26:43.880 --> 01:26:47.630
I will second this motion. It is a gorgeous lot. The trees

01:26:47.630 --> 01:26:48.880
are amazing.

01:26:48.880 --> 01:26:52.970
We don't have any reason to deny this replat is basically

01:26:52.970 --> 01:26:56.880
what it has come down to, which is why I will second this.

01:26:56.880 --> 01:26:59.880
It is an excellent learning plan going forward.

01:26:59.880 --> 01:27:03.489
I think we've made improvements from 1995 and putting

01:27:03.489 --> 01:27:06.880
things on plats now that will be binding for the future.

01:27:06.880 --> 01:27:11.880
But right now, this is what we can do.

01:27:11.880 --> 01:27:15.020
So we have a first and a second for approval. Commissioner

01:27:15.020 --> 01:27:15.880
Rosell.

01:27:15.880 --> 01:27:18.750
Thank you, Chair. As we had this discussion and some of

01:27:18.750 --> 01:27:20.880
this banter, it kind of dawned on me.

01:27:20.880 --> 01:27:24.039
We are talking historically how the words of promises of

01:27:24.039 --> 01:27:25.880
developers are not binding.

01:27:25.880 --> 01:27:27.880
It needs to be on a plat note. It needs to be something.

01:27:27.880 --> 01:27:32.029
And so we can't go forward with Walmart 95 saying, we

01:27:32.029 --> 01:27:33.880
protect these trees.

01:27:33.880 --> 01:27:35.930
Well, it dawns on me a little bit ironic that we have a

01:27:35.930 --> 01:27:37.880
developer saying he's going to do something.

01:27:37.880 --> 01:27:42.880
And I'm just wondering, is that binding going forward?

01:27:42.880 --> 01:27:46.609
He's promising to protect those trees, but it's a volunteer

01:27:46.609 --> 01:27:46.880
act.

01:27:46.880 --> 01:27:52.039
I'm wondering if in 30 days or six days, we're like, oh, he

01:27:52.039 --> 01:27:53.880
decided not to do that.

01:27:53.880 --> 01:27:55.539
And staff can correct me if I'm wrong, but we have to go

01:27:55.539 --> 01:27:57.880
through the site plan process with this,

01:27:57.880 --> 01:28:00.109
which will a part of that required is the tree preservation

01:28:00.109 --> 01:28:01.880
plan that will have to meet the ordinance.

01:28:01.880 --> 01:28:04.739
And so we will actually have to come back and have the

01:28:04.739 --> 01:28:06.880
legal document that is associated with the site plan

01:28:06.880 --> 01:28:11.310
that will memorialize or do that to make that actually part

01:28:11.310 --> 01:28:12.880
of the document.

01:28:12.880 --> 01:28:14.909
Is that a requirement for them is to bring a tree

01:28:14.909 --> 01:28:15.880
mitigation plan?

01:28:15.880 --> 01:28:19.479
Absolutely. As part of the development process, they will

01:28:19.479 --> 01:28:23.880
be required to submit a site plan and a landscape site plan

01:28:23.880 --> 01:28:26.739
and a tree preservation, a tree survey for the tree

01:28:26.739 --> 01:28:28.880
preservation slash mitigation plan.

01:28:28.880 --> 01:28:32.880
That will be reviewed against the Denton Development Code.

01:28:32.880 --> 01:28:35.640
If that is in order, if those documents are in order and

01:28:35.640 --> 01:28:37.880
there are the documents are in order,

01:28:37.880 --> 01:28:40.449
then they will proceed to submit for the building permit

01:28:40.449 --> 01:28:40.880
plan set.

01:28:40.880 --> 01:28:43.619
That will be cross referenced against the approved site

01:28:43.619 --> 01:28:46.029
plan to ensure that it is indeed the same site plan and

01:28:46.029 --> 01:28:46.880
landscape plan.

01:28:46.880 --> 01:28:50.359
Only then will they secure a building permit to break

01:28:50.359 --> 01:28:50.880
ground.

01:28:50.880 --> 01:28:54.800
As we understand that there's a voluntary action by them to

01:28:54.800 --> 01:28:57.880
come under the new plans, is that correct?

01:28:57.880 --> 01:28:59.880
I would actually defer that to legal.

01:28:59.880 --> 01:29:02.560
However, because they're pulling out a portion of a

01:29:02.560 --> 01:29:04.880
property that is plotted and they're replatting it,

01:29:04.880 --> 01:29:14.880
then the new requirements would be applicable to them.

01:29:14.880 --> 01:29:18.880
Thank you for the clarification.

01:29:18.880 --> 01:29:22.289
I will say that I've visited the site and that every tree

01:29:22.289 --> 01:29:26.880
that's on that corner has already been marked, it's tagged.

01:29:26.880 --> 01:29:29.880
And so I assume the tree survey has already been completed

01:29:29.880 --> 01:29:31.880
and all of that is in place

01:29:31.880 --> 01:29:35.449
and the city has full knowledge of exactly what's out there

01:29:35.449 --> 01:29:37.880
and what size and what species it is.

01:29:37.880 --> 01:29:38.880
Commissioner Beck.

01:29:38.880 --> 01:29:39.880
Thank you, Chair.

01:29:39.880 --> 01:29:42.119
Needless to say, I'm a little disappointed that my motion

01:29:42.119 --> 01:29:44.449
didn't go through, but the fact that it did and doesn't

01:29:44.449 --> 01:29:44.880
upset me,

01:29:44.880 --> 01:29:48.579
and I could be on or in, do a protest vote and it wouldn't

01:29:48.579 --> 01:29:49.880
do any good either.

01:29:49.880 --> 01:29:51.840
And I'm not going to do that though because I do have

01:29:51.840 --> 01:29:54.880
confidence in our staff and I want them to know that.

01:29:54.880 --> 01:30:00.880
So that being said, I will vote for this motion myself.

01:30:00.880 --> 01:30:06.880
Okay.

01:30:06.880 --> 01:30:07.880
Any other?

01:30:07.880 --> 01:30:09.880
Commissioner Rosell.

01:30:09.880 --> 01:30:10.880
I'd hate to be a dead horse.

01:30:10.880 --> 01:30:13.859
I'm looking at this email and if I could just give

01:30:13.859 --> 01:30:15.880
additional clarification.

01:30:15.880 --> 01:30:18.550
It says, "It is important to note that developer in this

01:30:18.550 --> 01:30:21.880
case does not have any tree preservation requirements

01:30:21.880 --> 01:30:24.720
and is going above and beyond what is required in this case

01:30:24.720 --> 01:30:27.880
, incidentally, what is required under current code."

01:30:27.880 --> 01:30:32.880
Can you help reconcile that to that they are required?

01:30:32.880 --> 01:30:33.880
I'm sorry.

01:30:33.880 --> 01:30:35.880
What document are you referring to?

01:30:35.880 --> 01:30:38.880
This is an email from Jennifer DeCurtis.

01:30:38.880 --> 01:30:40.880
Would you please respond?

01:30:40.880 --> 01:30:45.880
Sure.

01:30:45.880 --> 01:30:51.989
I think that in order for them to get vested rights, they

01:30:51.989 --> 01:30:54.489
have to file a vested rights petition in accordance with

01:30:54.489 --> 01:30:55.880
our DDC.

01:30:55.880 --> 01:30:59.880
So I can't make that determination alone.

01:30:59.880 --> 01:31:03.300
I think that's made by the city manager, whether or not

01:31:03.300 --> 01:31:04.880
that they're vested.

01:31:04.880 --> 01:31:09.710
But absent vesting, they're willing to do it without the

01:31:09.710 --> 01:31:10.880
petition.

01:31:10.880 --> 01:31:14.880
So at this point, it's consensual.

01:31:14.880 --> 01:31:18.119
So if I understand you correctly, they fall under current

01:31:18.119 --> 01:31:20.880
code unless they were to apply for vested rights.

01:31:20.880 --> 01:31:21.880
That's correct.

01:31:21.880 --> 01:31:24.880
But they are deferring, it seems like.

01:31:24.880 --> 01:31:25.880
That's correct.

01:31:25.880 --> 01:31:26.880
Gotcha.

01:31:26.880 --> 01:31:27.880
Okay.

01:31:27.880 --> 01:31:28.880
Thank you.

01:31:28.880 --> 01:31:29.880
Sorry.

01:31:29.880 --> 01:31:33.880
I had to wander down that path.

01:31:33.880 --> 01:31:37.880
Any other discussion or comments?

01:31:37.880 --> 01:31:38.880
I'll make one quick one.

01:31:38.880 --> 01:31:42.079
I know we sit up here a lot of times and talk about

01:31:42.079 --> 01:31:44.880
developers' promises and failures.

01:31:44.880 --> 01:31:47.789
And I want to remind everybody on this commission that the

01:31:47.789 --> 01:31:50.689
beautiful city of Denton that we live in is built by

01:31:50.689 --> 01:31:52.880
builders and developers.

01:31:52.880 --> 01:31:55.050
And I know there's a lot of conversation about tree

01:31:55.050 --> 01:31:55.880
preservation.

01:31:55.880 --> 01:31:59.649
And I think when we all reviewed the ordinance that we're

01:31:59.649 --> 01:32:03.260
still working on in the survey, I think Denton has the

01:32:03.260 --> 01:32:05.880
highest in our area of tree canopy.

01:32:05.880 --> 01:32:08.880
So I know that it's easy sometimes for us to sit up here on

01:32:08.880 --> 01:32:12.319
this commission and think about the things that maybe haven

01:32:12.319 --> 01:32:16.880
't gone as well as we'd like or promises were made.

01:32:16.880 --> 01:32:20.130
But I think in fairness, when you step back and look

01:32:20.130 --> 01:32:23.659
overall, we have a beautiful city and a lot of people work

01:32:23.659 --> 01:32:24.880
very hard to do it.

01:32:24.880 --> 01:32:28.000
And I want to remember that part as well as some of the

01:32:28.000 --> 01:32:31.479
things that maybe haven't gone as well as we would all like

01:32:31.479 --> 01:32:31.880
.

01:32:31.880 --> 01:32:35.260
Overall, I'm proud of our city and the beautiful buildings

01:32:35.260 --> 01:32:38.109
and things that are here, the trees that we do have

01:32:38.109 --> 01:32:38.880
preserved.

01:32:38.880 --> 01:32:54.180
And with that comment, I'm going to call for a vote on the

01:32:54.180 --> 01:32:56.880
board.

01:32:56.880 --> 01:33:00.880
The motion carries 6 to 0.

01:33:00.880 --> 01:33:05.710
I move us to our final agenda on our public hearing this

01:33:05.710 --> 01:33:06.880
evening.

01:33:06.880 --> 01:33:11.850
Will be agenda item G and I'm going to open the public

01:33:11.850 --> 01:33:15.880
hearing for Z 17 dash 0 0 0 2 C.

01:33:15.880 --> 01:33:21.880
And we'll call on Julie White for presentation.

01:33:21.880 --> 01:33:31.880
I'm Julie Wyatt.

01:33:31.880 --> 01:33:33.880
I didn't know if I was going to be closing it out.

01:33:33.880 --> 01:33:48.880
All right.

01:33:48.880 --> 01:33:49.880
OK, sorry about that.

01:33:49.880 --> 01:33:51.880
All right.

01:33:51.880 --> 01:33:53.880
This is Z 17 2.

01:33:53.880 --> 01:33:56.479
So the request before you is to hold a public hearing and

01:33:56.479 --> 01:33:59.880
consider a recommendation for rezoning for 29 acres.

01:33:59.880 --> 01:34:03.470
The subject property is situated in the southeast part of

01:34:03.470 --> 01:34:04.880
the city of Denton.

01:34:04.880 --> 01:34:11.739
It is bounded by I 35 Lakeview Boulevard and then Shady Sh

01:34:11.739 --> 01:34:14.880
ores Road by sex, the property.

01:34:14.880 --> 01:34:23.439
Current zoning is RCR 1 and RCCD and the proposed use is

01:34:23.439 --> 01:34:25.880
commercial.

01:34:25.880 --> 01:34:28.789
So when we looked at the request, we looked at we did an

01:34:28.789 --> 01:34:31.899
analysis of what analysis of what was around surrounding

01:34:31.899 --> 01:34:32.880
the property.

01:34:32.880 --> 01:34:36.869
So first we started and looking what was adjacent to the

01:34:36.869 --> 01:34:37.880
property.

01:34:37.880 --> 01:34:41.180
If you look to the north of the subject property, that part

01:34:41.180 --> 01:34:43.880
in green, that's a planned development that is mainly made

01:34:43.880 --> 01:34:43.880
up of

01:34:43.880 --> 01:34:48.880
single family residential homes.

01:34:48.880 --> 01:34:49.880
Just adjacent to the property.

01:34:49.880 --> 01:34:51.880
You'll see this area right here.

01:34:51.880 --> 01:34:55.869
This is a this is an open space area that was preserved by

01:34:55.869 --> 01:34:59.880
the plan development has to remain as that is that tree lot

01:34:59.880 --> 01:34:59.880
.

01:34:59.880 --> 01:35:03.289
And then next to it, this this area right here, this is a

01:35:03.289 --> 01:35:03.880
park.

01:35:03.880 --> 01:35:08.399
This is a this this property has an RCCD zoning and that

01:35:08.399 --> 01:35:12.880
has I believe it's being developed with a commercial use.

01:35:12.880 --> 01:35:18.119
This this property here has a residential use on it and it

01:35:18.119 --> 01:35:22.149
is zoned as RCR 1 and this property right here, this is

01:35:22.149 --> 01:35:22.880
part of the subject property.

01:35:22.880 --> 01:35:24.880
That's RCCD as well.

01:35:24.880 --> 01:35:28.970
And this as you can see, this property is located between

01:35:28.970 --> 01:35:30.880
that I 35 corridor.

01:35:30.880 --> 01:35:36.479
And then here we have the DCTA Railroad Corridor as well as

01:35:36.479 --> 01:35:38.880
the rails to trails.

01:35:38.880 --> 01:35:42.399
As we zoom out a little further, we add an additional in

01:35:42.399 --> 01:35:46.170
our 6 single family development as well as more of the plan

01:35:46.170 --> 01:35:46.880
development that's adjacent to it.

01:35:46.880 --> 01:35:49.880
Some more open space as well as some multifamily.

01:35:49.880 --> 01:35:52.699
You can also see some other commercial development that's

01:35:52.699 --> 01:35:54.880
adjacent to I 35 outside of the city.

01:35:54.880 --> 01:35:58.880
We also looked at the mobility of the area.

01:35:58.880 --> 01:36:01.880
There are several roads that affect the subject property.

01:36:01.880 --> 01:36:06.880
First, I 35 is a pretty big, big road adjacent to it.

01:36:06.880 --> 01:36:11.880
That is that is a highway Lakeview Boulevard is right here.

01:36:11.880 --> 01:36:13.880
It is a primary major arterial.

01:36:13.880 --> 01:36:18.090
It will eventually sort of turn north in this direction and

01:36:18.090 --> 01:36:22.119
link up with post oak to continue on as that primary major

01:36:22.119 --> 01:36:24.880
arterial sometime in the future.

01:36:24.880 --> 01:36:26.880
It's identified in our mobility plan.

01:36:26.880 --> 01:36:30.880
Shady Shores is a collector.

01:36:30.880 --> 01:36:35.680
And then we have once again that green is the trail rails

01:36:35.680 --> 01:36:36.880
to trails.

01:36:36.880 --> 01:36:37.880
And this is the broader area.

01:36:37.880 --> 01:36:40.439
So you can see that this is the entire sort of southeast

01:36:40.439 --> 01:36:40.880
area.

01:36:40.880 --> 01:36:44.119
You can see all the development, all that residential

01:36:44.119 --> 01:36:47.430
development that is that has come in and will continue to

01:36:47.430 --> 01:36:48.880
develop in the area.

01:36:48.880 --> 01:36:52.420
So we look at CMG and what the intent of the proposed CMG

01:36:52.420 --> 01:36:52.880
is.

01:36:52.880 --> 01:36:54.880
It is one of our commercial mixed use zoning districts.

01:36:54.880 --> 01:36:58.050
It's intended to provide the service, the retail, the

01:36:58.050 --> 01:37:01.449
office and the higher density residential uses to serve the

01:37:01.449 --> 01:37:02.880
entire community.

01:37:02.880 --> 01:37:06.250
It's kind of a transitional zoning district between our

01:37:06.250 --> 01:37:10.170
higher, higher intensity, higher scale, regional zoning

01:37:10.170 --> 01:37:15.149
districts and our lower scale, less intense uses of our

01:37:15.149 --> 01:37:18.880
neighborhood mixed use commercial districts.

01:37:18.880 --> 01:37:24.880
CMG requires access to major roadways.

01:37:24.880 --> 01:37:27.289
And as I said, it provides that transition and you can see

01:37:27.289 --> 01:37:28.880
where this property is situated.

01:37:28.880 --> 01:37:32.239
It is situated in kind of a transitional area between the I

01:37:32.239 --> 01:37:35.840
-35, the higher intensity development and then the single

01:37:35.840 --> 01:37:37.880
family residential to the north.

01:37:37.880 --> 01:37:40.880
So this is kind of that transition area.

01:37:40.880 --> 01:37:44.399
There are physical barriers between the subject property

01:37:44.399 --> 01:37:48.000
and those adjacent residential properties to provide some

01:37:48.000 --> 01:37:51.880
additional buffering and transitioning between the uses.

01:37:51.880 --> 01:37:53.880
We also looked at the Denton plan.

01:37:53.880 --> 01:37:57.970
The Denton plan 2030 identifies this area as community

01:37:57.970 --> 01:37:58.880
mixed use.

01:37:58.880 --> 01:38:03.739
The intent of community mixed use is to provide the grocery

01:38:03.739 --> 01:38:08.979
stores, the shopping, the specialty shops and the employers

01:38:08.979 --> 01:38:12.880
and offices that are needed for the community.

01:38:12.880 --> 01:38:17.270
And the uses in CMG align with this future land use

01:38:17.270 --> 01:38:18.880
designation.

01:38:18.880 --> 01:38:22.880
We also looked at where in the city we locate CMG.

01:38:22.880 --> 01:38:26.789
So what kinds of places do we often find this zoning

01:38:26.789 --> 01:38:27.880
district?

01:38:27.880 --> 01:38:32.479
Hopefully this is visible, but just to orient you, this is

01:38:32.479 --> 01:38:34.880
Denton and here's the loop.

01:38:34.880 --> 01:38:38.000
I-35, it comes down, swoops down here and then we have

01:38:38.000 --> 01:38:39.880
university that comes through.

01:38:39.880 --> 01:38:41.880
And so you can see those areas in pink.

01:38:41.880 --> 01:38:43.880
Those are our CMG zoning district.

01:38:43.880 --> 01:38:47.439
And you can see it's often found in arterioles, often at

01:38:47.439 --> 01:38:51.279
intersections and nearby to residential neighborhoods to

01:38:51.279 --> 01:38:53.880
provide those necessary services.

01:38:53.880 --> 01:38:55.880
This is the southern portion.

01:38:55.880 --> 01:38:58.880
This area in the red circle, that's our subject property.

01:38:58.880 --> 01:39:02.170
So you can kind of see that the future land use identified

01:39:02.170 --> 01:39:05.460
this area is kind of a commercial center that they wanted

01:39:05.460 --> 01:39:06.880
to see it to develop.

01:39:06.880 --> 01:39:11.090
We did compare the permitted uses and the development scale

01:39:11.090 --> 01:39:13.880
within all three zoning districts.

01:39:13.880 --> 01:39:17.130
I know we've talked about CMG, but just to talk about RCR 1

01:39:17.130 --> 01:39:17.880
and RCCD.

01:39:17.880 --> 01:39:22.810
RCR 1 is regional center commercial, I mean, regional

01:39:22.810 --> 01:39:24.880
center residential 1.

01:39:24.880 --> 01:39:28.460
And it is a mixed use zoning district that it's intended to

01:39:28.460 --> 01:39:30.880
have commercial uses as well as some higher density

01:39:30.880 --> 01:39:34.689
residential uses to provide that kind of mixed use, but

01:39:34.689 --> 01:39:36.880
smaller scale mixed use development.

01:39:36.880 --> 01:39:40.149
RCCD is one of our highest, most intense zoning districts

01:39:40.149 --> 01:39:41.880
within the city of Denton.

01:39:41.880 --> 01:39:45.970
It is also mixed use and it permits development at a very

01:39:45.970 --> 01:39:49.880
high scale and intensity in terms of commercial.

01:39:49.880 --> 01:39:54.880
So as you can see, and it was in your backup, the uses and

01:39:54.880 --> 01:39:56.880
how those compare.

01:39:56.880 --> 01:40:01.439
And then the development scale of CMG permits the 65 feet,

01:40:01.439 --> 01:40:06.239
RCR 1 is 40 feet, and then the RCCD is 100 feet maximum

01:40:06.239 --> 01:40:07.880
building height.

01:40:07.880 --> 01:40:15.340
Public notification was sent out and we received one letter

01:40:15.340 --> 01:40:16.880
in favor.

01:40:16.880 --> 01:40:19.640
And so based upon the considerations I talked about, the

01:40:19.640 --> 01:40:22.180
future land use staff does recommend approval of the

01:40:22.180 --> 01:40:22.880
request.

01:40:22.880 --> 01:40:25.880
I know you'll have some questions in work sessions.

01:40:25.880 --> 01:40:30.880
So I did want to hopefully, if I haven't gotten out of it,

01:40:30.880 --> 01:40:34.609
I know Commissioner Taylor wanted to know about the flood

01:40:34.609 --> 01:40:37.880
way and some of the environmental aspects to the site.

01:40:37.880 --> 01:40:39.880
So I wanted to, so you asked that I pull that up.

01:40:39.880 --> 01:40:40.880
So here we go.

01:40:40.880 --> 01:40:46.880
It's a little busy, but here's the subject property here.

01:40:46.880 --> 01:40:48.880
You can kind of see the outline.

01:40:48.880 --> 01:40:49.880
And you're correct.

01:40:49.880 --> 01:40:54.399
A lot of the back end or the north end of the property is

01:40:54.399 --> 01:40:56.880
encumbered by floodway.

01:40:56.880 --> 01:41:00.880
And that will have to be addressed before it's developed.

01:41:00.880 --> 01:41:03.880
It's also encumbered by environmentally sensitive areas.

01:41:03.880 --> 01:41:07.789
So if the development did want to impact those

01:41:07.789 --> 01:41:12.729
environmentally sensitive areas in a way that was in

01:41:12.729 --> 01:41:16.880
accordance with the regulations, that they would have to,

01:41:16.880 --> 01:41:20.880
per the Denton Development Code, obtain approval for that

01:41:20.880 --> 01:41:23.880
impact from city council.

01:41:23.880 --> 01:41:25.880
And that's through the dual public hearing process.

01:41:25.880 --> 01:41:26.880
So it would come before you.

01:41:26.880 --> 01:41:30.090
So there's a lot that needs to go on on this site before it

01:41:30.090 --> 01:41:33.500
develops, but I know you did ask about that, so I wanted to

01:41:33.500 --> 01:41:34.880
share that with you.

01:41:34.880 --> 01:41:37.880
So I'll answer any questions.

01:41:37.880 --> 01:41:39.880
And the applicant is here.

01:41:39.880 --> 01:41:42.300
While you have that up, is there an upland habitat layer

01:41:42.300 --> 01:41:43.880
that you can turn on on this site?

01:41:43.880 --> 01:41:45.880
There is.

01:41:45.880 --> 01:41:49.449
However, I did want to, upland habitat commercial

01:41:49.449 --> 01:41:53.880
development isn't required to preserve any upland habitat.

01:41:53.880 --> 01:41:56.880
So only residential development is required.

01:41:56.880 --> 01:41:58.760
That's why I turned that off, because it kind of looked a

01:41:58.760 --> 01:41:59.880
little funny with it on there.

01:41:59.880 --> 01:42:03.640
But because it would be, if, now I guess the caveat to that

01:42:03.640 --> 01:42:08.210
, if it did, if the developer did want to develop it with

01:42:08.210 --> 01:42:11.500
residential uses, then that upland habitat would come into

01:42:11.500 --> 01:42:11.880
play.

01:42:11.880 --> 01:42:15.000
So as it's proposed, it would not, the upland habitat would

01:42:15.000 --> 01:42:16.880
not be required to be preserved.

01:42:16.880 --> 01:42:21.409
But if a residential use did come forward, a multifamily or

01:42:21.409 --> 01:42:26.130
a town home project, they would have to preserve 50% of

01:42:26.130 --> 01:42:30.880
that, of that habitat contiguous to adjacent properties.

01:42:30.880 --> 01:42:34.880
So my apologies, I'm mostly familiar with residential.

01:42:34.880 --> 01:42:35.880
A lot of green.

01:42:35.880 --> 01:42:36.880
I'm like, wow.

01:42:36.880 --> 01:42:38.880
Yeah, it's.

01:42:38.880 --> 01:42:40.880
So any other questions?

01:42:40.880 --> 01:42:41.880
Yes, Commissioner Taylor.

01:42:41.880 --> 01:42:42.880
Thank you, Chair.

01:42:42.880 --> 01:42:46.310
Could we walk through these colors, maybe one layer at a

01:42:46.310 --> 01:42:46.880
time?

01:42:46.880 --> 01:42:47.880
All right.

01:42:47.880 --> 01:42:48.880
I'll see what.

01:42:48.880 --> 01:42:49.880
So starting with the floodplain here.

01:42:49.880 --> 01:42:52.880
I may get engineering involved on this one.

01:42:52.880 --> 01:42:56.880
So the, the two colors of blue would be actual floodplain.

01:42:56.880 --> 01:43:00.880
The red is like a 500 year, not really binding floodplain.

01:43:00.880 --> 01:43:03.880
And this is actually the floodway.

01:43:03.880 --> 01:43:04.880
The dark blue.

01:43:04.880 --> 01:43:05.880
Yes, sir.

01:43:05.880 --> 01:43:09.449
Jim may be able to speak a little more fluently about this,

01:43:09.449 --> 01:43:13.109
but there are, there are provisions that they would have to

01:43:13.109 --> 01:43:16.770
work through with FEMA and with the city in order to, to

01:43:16.770 --> 01:43:17.880
impact that.

01:43:17.880 --> 01:43:20.880
And here comes Jim.

01:43:20.880 --> 01:43:21.880
Good evening.

01:43:21.880 --> 01:43:22.880
I'm Jim Jenks.

01:43:22.880 --> 01:43:25.880
I'm with our DRC engineering division.

01:43:25.880 --> 01:43:31.319
Yes, the dark blue connotates the floodway, the 100 year

01:43:31.319 --> 01:43:32.880
FEMA floodway.

01:43:32.880 --> 01:43:37.880
The sort of medium blue is the 100 year floodplain.

01:43:37.880 --> 01:43:42.689
The red is the 500 year floodplain, which we do not

01:43:42.689 --> 01:43:43.880
regulate.

01:43:43.880 --> 01:43:46.880
We do regulate, of course, the floodway in the 100 year.

01:43:46.880 --> 01:43:50.310
And I noticed the, the hashing that I believe that's a, a L

01:43:50.310 --> 01:43:54.649
omer that was done maybe in, I guess in 2007 or 2012, it

01:43:54.649 --> 01:43:56.880
looks like, by the numbers there.

01:43:56.880 --> 01:44:01.029
And so, and that probably cleared up, narrowed up some of

01:44:01.029 --> 01:44:03.880
the floodplain further downstream.

01:44:03.880 --> 01:44:07.729
It's possible that they could do a letter of map revision

01:44:07.729 --> 01:44:11.020
through here, but unlikely that it would get narrower than

01:44:11.020 --> 01:44:11.880
the floodway.

01:44:11.880 --> 01:44:13.880
Is that correct?

01:44:13.880 --> 01:44:18.880
Yes, the floodway is reserved for conveyance of the storm.

01:44:18.880 --> 01:44:22.880
We don't allow fill within the floodway.

01:44:22.880 --> 01:44:28.970
If they want to fill and encroach into the 100 year flood

01:44:28.970 --> 01:44:33.880
plain, they would have to present something to us.

01:44:33.880 --> 01:44:36.449
Once we review, if we approve it, we would forward it to

01:44:36.449 --> 01:44:36.880
FEMA.

01:44:36.880 --> 01:44:38.880
But they would have to mitigate whatever they fill in.

01:44:38.880 --> 01:44:42.260
They would have to take something out elsewhere to make up

01:44:42.260 --> 01:44:42.880
for it.

01:44:42.880 --> 01:44:43.880
Right.

01:44:43.880 --> 01:44:47.170
So, so the light blue is, has some potential for change,

01:44:47.170 --> 01:44:49.880
but the dark blue is very unlikely to ever.

01:44:49.880 --> 01:44:51.880
That's correct.

01:44:51.880 --> 01:44:52.880
Can we move to the next layer?

01:44:52.880 --> 01:44:57.880
I believe the ESA stream riparian buffer.

01:44:57.880 --> 01:45:00.880
Let's turn that off.

01:45:00.880 --> 01:45:02.880
All right.

01:45:02.880 --> 01:45:05.880
And what are these colors?

01:45:05.880 --> 01:45:08.880
Let's make sure I.

01:45:08.880 --> 01:45:09.880
All right.

01:45:09.880 --> 01:45:16.130
So we have, that looks like 100, that looks like 100 foot

01:45:16.130 --> 01:45:16.880
stream buffer.

01:45:16.880 --> 01:45:21.880
So this sort of brownish orange, that is a riparian buffer.

01:45:21.880 --> 01:45:27.880
So that appears to be a 100 foot riparian buffer.

01:45:27.880 --> 01:45:30.920
The way I understand it is from the center line of the

01:45:30.920 --> 01:45:33.880
stream, it would be 100 feet each way.

01:45:33.880 --> 01:45:34.880
Is that right?

01:45:34.880 --> 01:45:36.880
Yes.

01:45:36.880 --> 01:45:41.979
So, so in order to impact that, they would have to go

01:45:41.979 --> 01:45:44.880
through that, go through an alternative ESA plan,

01:45:44.880 --> 01:45:53.239
which would require the dual public hearing and would

01:45:53.239 --> 01:45:58.880
require approval from city council.

01:45:58.880 --> 01:46:02.880
And then the purple would be the ESA floodplain.

01:46:02.880 --> 01:46:05.560
My understanding and conversations with our water

01:46:05.560 --> 01:46:08.880
administration is that generally follows the floodplain.

01:46:08.880 --> 01:46:15.739
So. So in this map, they might go to a lot of engineering

01:46:15.739 --> 01:46:18.510
effort and get some of the purple back, some of that flood

01:46:18.510 --> 01:46:18.880
plain.

01:46:18.880 --> 01:46:22.970
But again, they'd have to contend with an alternative ESA

01:46:22.970 --> 01:46:25.880
if they enter the brownish color.

01:46:25.880 --> 01:46:30.079
And then it would be very unlikely that they could get FEMA

01:46:30.079 --> 01:46:32.880
approval to go into the floodway.

01:46:32.880 --> 01:46:35.880
Like on the previous, the dark blue on the previous map.

01:46:35.880 --> 01:46:41.100
As far as the FEMA issue, yes, I can't see them approving a

01:46:41.100 --> 01:46:43.880
narrowing of the floodway.

01:46:43.880 --> 01:46:44.880
And one more thing.

01:46:44.880 --> 01:46:48.079
So this is a 100 foot, is it 100 feet each direction from

01:46:48.079 --> 01:46:52.000
the center line or is it 100 feet wide, 50 feet from the

01:46:52.000 --> 01:46:52.880
center line?

01:46:52.880 --> 01:46:55.880
I'm questioning myself.

01:46:55.880 --> 01:46:58.880
Let me see.

01:46:58.880 --> 01:47:23.880
I don't know if this will tell me, but I'll find out.

01:47:23.880 --> 01:47:25.880
It just defines the right hearing buffer.

01:47:25.880 --> 01:47:28.880
It doesn't give me a.

01:47:28.880 --> 01:47:31.939
Is it possible to just measure on the screen approximately

01:47:31.939 --> 01:47:32.880
how wide that.

01:47:32.880 --> 01:47:33.880
I can try.

01:47:33.880 --> 01:47:45.880
The measuring tool doesn't always work for me.

01:47:45.880 --> 01:47:49.880
Cross your fingers.

01:47:49.880 --> 01:47:51.880
So it looks like.

01:47:51.880 --> 01:47:54.189
There there's room for error on these maps and the

01:47:54.189 --> 01:47:55.880
projection can be a little off.

01:47:55.880 --> 01:47:58.880
So it does appear that.

01:47:58.880 --> 01:47:59.880
Let me look at it.

01:47:59.880 --> 01:48:01.880
So it did look like that was 90 feet.

01:48:01.880 --> 01:48:02.880
That was only less than half of it.

01:48:02.880 --> 01:48:03.880
Right.

01:48:03.880 --> 01:48:07.369
So if you zoom out, just one one zoom out to catch just the

01:48:07.369 --> 01:48:08.880
parcel to the north.

01:48:08.880 --> 01:48:11.880
It doesn't.

01:48:11.880 --> 01:48:12.880
There.

01:48:12.880 --> 01:48:16.880
So you're looking at probably a good 200 feet.

01:48:16.880 --> 01:48:20.989
From the railroad tracks will be inside of that riparian

01:48:20.989 --> 01:48:23.880
buffer and floodway.

01:48:23.880 --> 01:48:26.840
And then you have about a hundred feet of railroad track

01:48:26.840 --> 01:48:29.880
easement and then parks to the north.

01:48:29.880 --> 01:48:30.880
That is correct.

01:48:30.880 --> 01:48:31.880
Yeah, there's quite a bit of there.

01:48:31.880 --> 01:48:32.880
Does that help?

01:48:32.880 --> 01:48:33.880
Yeah.

01:48:33.880 --> 01:48:34.880
Okay.

01:48:34.880 --> 01:48:35.880
Thank you.

01:48:35.880 --> 01:48:38.880
Sure.

01:48:38.880 --> 01:48:44.880
Any other questions.

01:48:44.880 --> 01:48:48.880
Any other questions for staff.

01:48:48.880 --> 01:48:49.880
Thank you, Julie.

01:48:49.880 --> 01:48:52.880
Jim.

01:48:52.880 --> 01:48:58.619
This is a public hearing and call the applicant to come

01:48:58.619 --> 01:49:00.880
forward at this time.

01:49:00.880 --> 01:49:03.880
With that 10 minutes.

01:49:03.880 --> 01:49:05.880
10 minutes total.

01:49:05.880 --> 01:49:06.880
Good evening, commissioners.

01:49:06.880 --> 01:49:07.880
Excuse me.

01:49:07.880 --> 01:49:08.880
My name is Michael Clark.

01:49:08.880 --> 01:49:09.880
I'm with Winkleman and Associates.

01:49:09.880 --> 01:49:17.810
I'm here representing the I realty, the owner, John Weber

01:49:17.810 --> 01:49:19.880
with the I realty is here and I

01:49:19.880 --> 01:49:21.880
think would like to speak after me.

01:49:21.880 --> 01:49:24.850
I think Julie did an excellent job of explaining what our

01:49:24.850 --> 01:49:27.880
request is and the surrounding uses

01:49:27.880 --> 01:49:28.880
and things like that.

01:49:28.880 --> 01:49:30.810
One thing I did want to clarify and it's obvious on this

01:49:30.810 --> 01:49:32.880
drawing, so I'm glad it's left up

01:49:32.880 --> 01:49:35.039
because I'm technically challenged and probably couldn't

01:49:35.039 --> 01:49:35.880
get it back up here.

01:49:35.880 --> 01:49:37.880
Is it is a car dealership to our north.

01:49:37.880 --> 01:49:40.489
She mentioned a commercial use and we were unclear what it

01:49:40.489 --> 01:49:40.880
was.

01:49:40.880 --> 01:49:43.819
It's a car dealership right on our I guess it's our west

01:49:43.819 --> 01:49:44.880
property line.

01:49:44.880 --> 01:49:48.880
That 35 turning sideways is a problem for me.

01:49:48.880 --> 01:49:52.859
This CSA drawing is telling from a standpoint, it really

01:49:52.859 --> 01:49:55.880
does show what's going on on the

01:49:55.880 --> 01:49:56.880
property.

01:49:56.880 --> 01:50:00.100
Some of the things I'd like to point out that the I realty

01:50:00.100 --> 01:50:01.880
has done in their purchase of

01:50:01.880 --> 01:50:02.880
the property.

01:50:02.880 --> 01:50:05.880
We performed topographic surveys on the ground.

01:50:05.880 --> 01:50:07.880
We performed on the ground tree surveys.

01:50:07.880 --> 01:50:08.880
Excuse me.

01:50:08.880 --> 01:50:12.670
We've analyzed the flood plain to establish our benchmark

01:50:12.670 --> 01:50:14.880
for any potential modifications.

01:50:14.880 --> 01:50:18.260
In addition, we've established the ESAs with a more formal

01:50:18.260 --> 01:50:19.880
document which your staff has

01:50:19.880 --> 01:50:20.880
approved.

01:50:20.880 --> 01:50:23.479
The way I understand it and I'm not an environmental guy, I

01:50:23.479 --> 01:50:25.880
just kind of do a little bit of everything.

01:50:25.880 --> 01:50:27.880
These are broad brush.

01:50:27.880 --> 01:50:31.250
The brown indicates that there's a riparian buffer zone

01:50:31.250 --> 01:50:31.880
there.

01:50:31.880 --> 01:50:32.880
We've gone out there.

01:50:32.880 --> 01:50:36.069
We've had consultants go out and define where the width of

01:50:36.069 --> 01:50:37.880
that riparian buffer and where

01:50:37.880 --> 01:50:41.250
it is and to find it on a map and your staff has approved

01:50:41.250 --> 01:50:41.880
that.

01:50:41.880 --> 01:50:43.880
That's actually been done.

01:50:43.880 --> 01:50:47.289
All the things necessary for us to meet the staff criteria

01:50:47.289 --> 01:50:48.880
when we come forward with subsequent

01:50:48.880 --> 01:50:52.859
documents being whether it's a flood plain variance request

01:50:52.859 --> 01:50:54.880
, the tree mitigation, tree

01:50:54.880 --> 01:50:56.880
preservation, our site plan, all those things.

01:50:56.880 --> 01:50:59.880
We have all those benchmarks for us to do.

01:50:59.880 --> 01:51:03.000
In order for us to proceed forward, we need zoning that

01:51:03.000 --> 01:51:04.880
would allow the uses that would

01:51:04.880 --> 01:51:07.850
help us move forward to get the questions answered that you

01:51:07.850 --> 01:51:08.880
all want to know.

01:51:08.880 --> 01:51:11.659
I understand that everybody wants to know those questions,

01:51:11.659 --> 01:51:12.880
but until we get an actual site

01:51:12.880 --> 01:51:17.109
plan, I can't tell you that we're going to save this tree

01:51:17.109 --> 01:51:18.880
and that tree and I know we

01:51:18.880 --> 01:51:21.640
just got done talking about promises and things like that,

01:51:21.640 --> 01:51:22.880
but there are a lot of city rules

01:51:22.880 --> 01:51:26.220
and regulations that require developers to meet the ordin

01:51:26.220 --> 01:51:27.880
ances or come before you and

01:51:27.880 --> 01:51:32.329
explain what they're doing to enhance, let me say it a

01:51:32.329 --> 01:51:34.880
different way, what they're doing

01:51:34.880 --> 01:51:38.210
to mitigate the things they're not doing to give you

01:51:38.210 --> 01:51:39.880
something in return.

01:51:39.880 --> 01:51:43.319
So what I'm saying is that we have that information to do

01:51:43.319 --> 01:51:43.880
that.

01:51:43.880 --> 01:51:46.550
In addition, I know that there were some questions asked

01:51:46.550 --> 01:51:48.880
about the transportation and things

01:51:48.880 --> 01:51:49.880
like that.

01:51:49.880 --> 01:51:52.880
The shady shores will be widened.

01:51:52.880 --> 01:51:54.880
This is a great drawing.

01:51:54.880 --> 01:51:55.880
It has everything.

01:51:55.880 --> 01:52:00.880
You can see it's improved about halfway.

01:52:00.880 --> 01:52:04.260
You can see it's improved to about here and it would be

01:52:04.260 --> 01:52:05.880
improved the rest of the way through

01:52:05.880 --> 01:52:06.880
the property.

01:52:06.880 --> 01:52:08.750
So it would meet the thoroughfare plan, the collector

01:52:08.750 --> 01:52:09.880
section, and I think there's a little

01:52:09.880 --> 01:52:13.020
bit of right of way to dedicate and the payment being

01:52:13.020 --> 01:52:13.880
extended.

01:52:13.880 --> 01:52:15.859
There's been some discussion with a signal and we would

01:52:15.859 --> 01:52:17.880
desire a signal here at the intersection.

01:52:17.880 --> 01:52:20.449
That's something we've had some discussions with staff

01:52:20.449 --> 01:52:21.880
about in our pre-development meetings

01:52:21.880 --> 01:52:25.880
and would look forward to achieving that goal.

01:52:25.880 --> 01:52:28.880
There was some discussion about I-35 and we all managed to

01:52:28.880 --> 01:52:29.880
find a drawing.

01:52:29.880 --> 01:52:33.439
There's eight lanes, two through, two left in each

01:52:33.439 --> 01:52:35.880
direction going across the bridge,

01:52:35.880 --> 01:52:39.810
and three-lane frontage road with a free right turning

01:52:39.810 --> 01:52:41.880
northbound on Lakeview.

01:52:41.880 --> 01:52:44.880
And I think, I don't know if there was a question asked,

01:52:44.880 --> 01:52:47.880
but those improvements will be in place

01:52:47.880 --> 01:52:50.840
before we can work our way through all the city development

01:52:50.840 --> 01:52:51.880
procedures and get under

01:52:51.880 --> 01:52:54.880
construction and be underway.

01:52:54.880 --> 01:53:00.880
So our use seems to comply with the debt and plan.

01:53:00.880 --> 01:53:02.880
We think it's a good use for the neighborhood.

01:53:02.880 --> 01:53:05.680
We think it provides services that the neighborhood can use

01:53:05.680 --> 01:53:05.880
.

01:53:05.880 --> 01:53:09.250
We will not be, we're rezoning a larger piece of property

01:53:09.250 --> 01:53:10.880
that we could possibly use as you see

01:53:10.880 --> 01:53:12.880
from this drawing.

01:53:12.880 --> 01:53:14.979
Staff is informed in our pre-development meetings that we

01:53:14.979 --> 01:53:16.880
are not able to touch the floodway.

01:53:16.880 --> 01:53:19.689
So the floodway, as we've defined in our actual flood study

01:53:19.689 --> 01:53:21.880
, that's a line, that stays.

01:53:21.880 --> 01:53:24.439
Floodplain, yes, we can manipulate through a variance

01:53:24.439 --> 01:53:25.880
process and maintaining valley storage

01:53:25.880 --> 01:53:29.560
and equal capacity and things like that to mitigate any

01:53:29.560 --> 01:53:31.880
potential downstream issues.

01:53:31.880 --> 01:53:36.270
But all those things get answered in the subsequent submitt

01:53:36.270 --> 01:53:36.880
als.

01:53:36.880 --> 01:53:38.880
And with that, I'll be happy to answer any questions.

01:53:38.880 --> 01:53:41.880
And if John would like to speak, I guess I have a few more

01:53:41.880 --> 01:53:42.880
minutes left.

01:53:42.880 --> 01:53:46.880
But he gets, I think, some time as well if he --

01:53:46.880 --> 01:53:47.880
20 minutes altogether.

01:53:47.880 --> 01:53:49.880
So we've got plenty of time.

01:53:49.880 --> 01:53:50.880
I have a question for you.

01:53:50.880 --> 01:53:52.880
Commissioner Taylor.

01:53:52.880 --> 01:53:53.880
Thank you, Chair.

01:53:53.880 --> 01:53:57.970
So you said you already have a more detailed floodway

01:53:57.970 --> 01:53:58.880
survey.

01:53:58.880 --> 01:54:03.710
Can you give us some idea as to is it dramatically

01:54:03.710 --> 01:54:09.880
different than what's the riparian buffer now?

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

01:54:12.159 --> 01:54:13.880
what you mean by a floodway survey.

01:54:13.880 --> 01:54:18.880
Or you said you've done a detailed topographical survey.

01:54:18.880 --> 01:54:19.880
Yes.

01:54:19.880 --> 01:54:21.880
Do you know where the floodway is on the --

01:54:21.880 --> 01:54:24.239
Yes, we do know where the floodway is based on the actual

01:54:24.239 --> 01:54:26.880
on the ground, which FEMA does a pretty good job,

01:54:26.880 --> 01:54:29.409
especially when they've got a floodway mapped, and we found

01:54:29.409 --> 01:54:30.880
it to be reasonably accurate.

01:54:30.880 --> 01:54:31.880
Okay.

01:54:31.880 --> 01:54:33.880
This is pretty -- this is not reflective, really.

01:54:33.880 --> 01:54:37.659
This is bigger, the other drawing, which was up -- is more

01:54:37.659 --> 01:54:40.880
reflective of the actual floodway document, I believe.

01:54:40.880 --> 01:54:41.880
Okay.

01:54:41.880 --> 01:54:45.880
The blues.

01:54:45.880 --> 01:54:46.880
Is that better?

01:54:46.880 --> 01:54:47.880
Yes.

01:54:47.880 --> 01:54:48.880
Okay.

01:54:48.880 --> 01:54:51.880
Thank you.

01:54:51.880 --> 01:54:53.880
I have a comment.

01:54:53.880 --> 01:54:56.460
Because one of the questions I was going to ask was in

01:54:56.460 --> 01:54:58.880
regards to if anyone has been out to check the ESA,

01:54:58.880 --> 01:55:02.000
because I know until it's certified, it can change, and I'm

01:55:02.000 --> 01:55:04.880
glad to hear that you say you all have already done that.

01:55:04.880 --> 01:55:07.880
So the ESA has been certified and verified.

01:55:07.880 --> 01:55:10.699
It's exactly where it is versus it looks like it's on a map

01:55:10.699 --> 01:55:12.880
, and somebody goes and looks at it and says,

01:55:12.880 --> 01:55:14.880
well, it doesn't meet the criteria, and it goes away.

01:55:14.880 --> 01:55:18.340
So for our purposes and discussions tonight, it's certified

01:55:18.340 --> 01:55:21.880
that it's there, and we all agree on that.

01:55:21.880 --> 01:55:22.880
Just to clarify.

01:55:22.880 --> 01:55:23.880
Yes.

01:55:23.880 --> 01:55:27.000
What's on the map we're looking at is not what we found,

01:55:27.000 --> 01:55:27.880
precisely.

01:55:27.880 --> 01:55:31.119
I understand, but my point was that there is ESA certified

01:55:31.119 --> 01:55:34.539
that it's on -- because there are some red areas that have

01:55:34.539 --> 01:55:36.880
come out that are no longer ESA,

01:55:36.880 --> 01:55:39.489
and you've determined that there is definitely ESA on the

01:55:39.489 --> 01:55:42.880
site, and city staff has certified that and agreed.

01:55:42.880 --> 01:55:43.880
Everybody's on the same page.

01:55:43.880 --> 01:55:45.880
There is ESA and active out there on site.

01:55:45.880 --> 01:55:46.880
Yes, sir.

01:55:46.880 --> 01:55:47.880
Great.

01:55:47.880 --> 01:55:48.880
Thank you.

01:55:48.880 --> 01:55:54.880
Any other questions or comments for the applicant?

01:55:54.880 --> 01:55:57.880
Great. Thank you, sir, for a great presentation.

01:55:57.880 --> 01:55:58.880
This is a public hearing.

01:55:58.880 --> 01:56:04.789
Anyone else who would like to speak on this item, please

01:56:04.789 --> 01:56:07.880
come forward at this time.

01:56:07.880 --> 01:56:10.439
If you'll give us your name and address, and if you haven't

01:56:10.439 --> 01:56:12.739
filled out a card before you go to the meeting, please do a

01:56:12.739 --> 01:56:13.880
card for us.

01:56:13.880 --> 01:56:14.880
Okay.

01:56:14.880 --> 01:56:16.880
My name is Jackie Bruce.

01:56:16.880 --> 01:56:19.880
My husband Tom and I are here tonight.

01:56:19.880 --> 01:56:25.909
We live in the preserve at Pecan Creek at 4215 Boxwood

01:56:25.909 --> 01:56:28.880
Drive, 76208.

01:56:28.880 --> 01:56:31.880
We shop at Kroger, so this is not about Kroger.

01:56:31.880 --> 01:56:34.880
This is about rezoning.

01:56:34.880 --> 01:56:40.880
We were house number 14 when the development opened.

01:56:40.880 --> 01:56:42.880
We moved in in 2001.

01:56:42.880 --> 01:56:44.880
It will be 16 years next month.

01:56:44.880 --> 01:56:50.640
So we've seen a lot happen in that area, and we understand

01:56:50.640 --> 01:56:56.319
that the buildout is not quite complete, but it will be 1,

01:56:56.319 --> 01:56:57.880
153 homes.

01:56:57.880 --> 01:57:00.880
That is just for the preserve at Pecan Creek.

01:57:00.880 --> 01:57:05.159
That does not include any of the other housing, Shady Sh

01:57:05.159 --> 01:57:09.619
ores and Villages of Carmel and all the other building that

01:57:09.619 --> 01:57:10.880
's going on.

01:57:10.880 --> 01:57:16.880
Lakeview is our outlet, 235.

01:57:16.880 --> 01:57:21.710
There's the back road Edwards, and if you all have ever

01:57:21.710 --> 01:57:26.880
been on it, it's just a little lane and very bad repair.

01:57:26.880 --> 01:57:30.880
So those are the two ways to leave our subdivision.

01:57:30.880 --> 01:57:34.880
We also have a school, so we have school traffic.

01:57:34.880 --> 01:57:38.880
Every home in our subdivision has a minimum of two cars.

01:57:38.880 --> 01:57:40.880
I think I could stand by that.

01:57:40.880 --> 01:57:42.880
And many have many more.

01:57:42.880 --> 01:57:46.489
If you drive around our streets, you'll see lots of them

01:57:46.489 --> 01:57:47.880
out in the street.

01:57:47.880 --> 01:57:52.770
So my only concern is mobility, and I knew there would be a

01:57:52.770 --> 01:57:57.189
light at this intersection because it's just calling for

01:57:57.189 --> 01:57:57.880
that.

01:57:57.880 --> 01:58:02.829
But the backup is going to be really bad, and that is my

01:58:02.829 --> 01:58:06.880
problem with rezoning this area.

01:58:06.880 --> 01:58:10.880
And especially it will be a larger Kroger.

01:58:10.880 --> 01:58:12.880
It might have gas pumps.

01:58:12.880 --> 01:58:16.880
It will bring traffic from all around.

01:58:16.880 --> 01:58:20.989
We are only minutes away from another Kroger, so it's not

01:58:20.989 --> 01:58:26.840
as if we're desperate down there to have another grocery

01:58:26.840 --> 01:58:27.880
store.

01:58:27.880 --> 01:58:31.880
I can only speak for myself and my husband.

01:58:31.880 --> 01:58:32.880
I did attend the meeting.

01:58:32.880 --> 01:58:36.789
He and I attended the meeting at the school, but we only

01:58:36.789 --> 01:58:40.880
accidentally found out about that at the last minute.

01:58:40.880 --> 01:58:44.289
As I understand it, letters did not go out to people who

01:58:44.289 --> 01:58:46.880
lived in the preserve at Beacon Creek.

01:58:46.880 --> 01:58:50.880
They only went out to the homeowners that were closer.

01:58:50.880 --> 01:58:53.880
But that's our exit to get out.

01:58:53.880 --> 01:58:57.000
And if you'd ever come down there at school times

01:58:57.000 --> 01:58:59.880
especially, it gets pretty heavy duty.

01:58:59.880 --> 01:59:03.520
And even though the bridge is going to be bigger and 35 is

01:59:03.520 --> 01:59:05.880
going to be bigger, we have to get to it.

01:59:05.880 --> 01:59:09.880
So that is my concern.

01:59:09.880 --> 01:59:11.880
I think that's all I have to say.

01:59:11.880 --> 01:59:12.880
I found your card.

01:59:12.880 --> 01:59:14.880
You didn't have it marked as some support or opposition?

01:59:14.880 --> 01:59:18.970
I didn't, but if I have to say, I would oppose it because I

01:59:18.970 --> 01:59:20.880
don't want it changed.

01:59:20.880 --> 01:59:23.880
I think we've got all the traffic we can handle.

01:59:23.880 --> 01:59:27.659
And I did speak to Julie the other day and I did say we

01:59:27.659 --> 01:59:31.880
might have to have flying drones to get out of there.

01:59:31.880 --> 01:59:33.880
I don't know.

01:59:33.880 --> 01:59:35.880
I have a couple questions before you go, if you please.

01:59:35.880 --> 01:59:36.880
Commissioner Rizel.

01:59:36.880 --> 01:59:38.880
Thank you, Ms. Burns, for being here.

01:59:38.880 --> 01:59:41.300
We talked in the work session about getting some text-on

01:59:41.300 --> 01:59:41.880
updates.

01:59:41.880 --> 01:59:43.880
I was wondering if staff had gotten those together.

01:59:43.880 --> 01:59:49.600
But could we have staff talk about the mobility increasing

01:59:49.600 --> 01:59:51.880
at 35 and Lakeview?

01:59:51.880 --> 01:59:56.880
And also, could staff address what's happening on Lakeview

01:59:56.880 --> 01:59:59.880
between Shady Shores and the new post oak?

01:59:59.880 --> 02:00:04.399
Is there going to be improvement or widening on Lakeview

02:00:04.399 --> 02:00:12.710
past Shady Shores, across the tracks, and into the preserve

02:00:12.710 --> 02:00:14.880
there?

02:00:14.880 --> 02:00:18.859
I have one more question before you if you'll stay close by

02:00:18.859 --> 02:00:19.880
, please.

02:00:19.880 --> 02:00:25.810
According to TextDots schematic of their 35 improvement

02:00:25.810 --> 02:00:32.510
project, the overpass bridge there at Lakeview and post oak

02:00:32.510 --> 02:00:33.880
will involve two

02:00:33.880 --> 02:00:40.180
through lanes in either direction and two left only lanes

02:00:40.180 --> 02:00:42.880
in either direction.

02:00:42.880 --> 02:00:52.529
As far as improvements that are planned to Lakeview, I'm

02:00:52.529 --> 02:00:57.880
not aware of any at this time.

02:00:57.880 --> 02:01:03.479
I will say that this project where it stands right now is

02:01:03.479 --> 02:01:05.880
at the zoning phase.

02:01:05.880 --> 02:01:07.880
There will be a preliminary plat.

02:01:07.880 --> 02:01:10.880
There will be a final plat.

02:01:10.880 --> 02:01:14.260
And we will-- that's sort of the point at which we

02:01:14.260 --> 02:01:17.880
typically evaluate these engineering issues.

02:01:17.880 --> 02:01:22.710
We put on the record that our department's approval or

02:01:22.710 --> 02:01:28.510
acceptance of the zoning does not grant them any approvals

02:01:28.510 --> 02:01:28.880
on any specific

02:01:28.880 --> 02:01:31.880
engineering issues, access, and so forth.

02:01:31.880 --> 02:01:37.010
So we will look at that closely during the planning stage,

02:01:37.010 --> 02:01:39.880
which is going to be coming up.

02:01:39.880 --> 02:01:40.880
Does that answer your question?

02:01:40.880 --> 02:01:42.880
It kind of does, and I appreciate that.

02:01:42.880 --> 02:01:45.840
Can you tell me the mobility plan, what the roadway Lake

02:01:45.840 --> 02:01:47.880
view Boulevard is classified as?

02:01:47.880 --> 02:01:48.880
Yes, sir.

02:01:48.880 --> 02:01:53.880
Could we get that on the overhead?

02:01:53.880 --> 02:01:54.880
I'm sorry?

02:01:54.880 --> 02:01:55.880
You have to show me.

02:01:55.880 --> 02:01:56.880
If we could turn on the overhead.

02:01:56.880 --> 02:02:07.880
Will you turn on the overhead, please?

02:02:07.880 --> 02:02:20.880
So what is the classification of Lakeview?

02:02:20.880 --> 02:02:26.880
I've got that here.

02:02:26.880 --> 02:02:29.880
Here we go.

02:02:29.880 --> 02:02:37.319
Per our mobility plan, Lakeview-- the portion of Lakeview

02:02:37.319 --> 02:02:43.500
from 35 to Post Oak is classified as a primary major arter

02:02:43.500 --> 02:02:43.880
ial.

02:02:43.880 --> 02:02:45.880
That's a six-lane divided.

02:02:45.880 --> 02:02:50.680
Beyond that, going further northeast, it's classified as a

02:02:50.680 --> 02:02:51.880
collector.

02:02:51.880 --> 02:02:54.880
And a collector is a four-lane divided?

02:02:54.880 --> 02:02:57.880
That is correct, yes.

02:02:57.880 --> 02:03:01.880
It's the primary major arterial is six-lane divided.

02:03:01.880 --> 02:03:07.640
The collector is-- I mean, basically, that's what it is

02:03:07.640 --> 02:03:09.880
right now, is the four-lane divided.

02:03:09.880 --> 02:03:17.880
And that would-- yes, that is essentially a collector.

02:03:17.880 --> 02:03:18.880
OK.

02:03:18.880 --> 02:03:22.420
Per the mobility plan, it's not called for that to be

02:03:22.420 --> 02:03:23.880
further widened.

02:03:23.880 --> 02:03:24.880
Understood.

02:03:24.880 --> 02:03:27.939
Mr. Burns, I hope that answers some of the concerns, as I

02:03:27.939 --> 02:03:31.560
think about from Post Oak to the highway, having three

02:03:31.560 --> 02:03:35.880
lanes dedicated one way to get out would help.

02:03:35.880 --> 02:03:40.449
And then Lakeview Boulevard past Post Oak, or Sunray, I

02:03:40.449 --> 02:03:44.539
think it is now, is currently four lanes divided before it

02:03:44.539 --> 02:03:46.880
goes down to two lanes further up.

02:03:46.880 --> 02:03:51.260
So I think your concern about exiting the neighborhood is

02:03:51.260 --> 02:03:52.880
certainly valid.

02:03:52.880 --> 02:03:56.699
I hope the mobility plan in the future of the city to widen

02:03:56.699 --> 02:04:00.060
that to a six-lane road like Carroll Boulevard or

02:04:00.060 --> 02:04:04.159
University would certainly provide some bandwidth to exit

02:04:04.159 --> 02:04:05.880
your neighborhood.

02:04:05.880 --> 02:04:07.880
I'm not sure about the timeline.

02:04:07.880 --> 02:04:09.880
I think the overpass will be done way before that.

02:04:09.880 --> 02:04:12.220
And that, in my experience, has always been the bottleneck

02:04:12.220 --> 02:04:12.880
in that area.

02:04:12.880 --> 02:04:18.050
So I'm glad to see that being improved to eight lanes from

02:04:18.050 --> 02:04:19.880
what's been two.

02:04:19.880 --> 02:04:22.880
One each direction, big improvement.

02:04:22.880 --> 02:04:24.880
You don't agree?

02:04:24.880 --> 02:04:26.880
Oh, it would definitely be an improvement.

02:04:26.880 --> 02:04:29.880
I think I'm skeptical about when that might be.

02:04:29.880 --> 02:04:30.880
I hope I'm still here then.

02:04:30.880 --> 02:04:31.880
This summer.

02:04:31.880 --> 02:04:33.880
Oh, to widen it to six lanes?

02:04:33.880 --> 02:04:35.880
No, the overpass.

02:04:35.880 --> 02:04:36.880
Oh, that I know.

02:04:36.880 --> 02:04:37.880
Yeah.

02:04:37.880 --> 02:04:38.880
Uh-huh.

02:04:38.880 --> 02:04:39.880
We understand that.

02:04:39.880 --> 02:04:40.880
We're dealing with that.

02:04:40.880 --> 02:04:45.880
It's just trying to get in and out past the highway.

02:04:45.880 --> 02:04:46.880
OK.

02:04:46.880 --> 02:04:47.880
Great.

02:04:47.880 --> 02:04:49.880
Did you need me here anymore?

02:04:49.880 --> 02:04:50.880
I do have one further question for you.

02:04:50.880 --> 02:04:51.880
Thank you, Mr. Jenks.

02:04:51.880 --> 02:04:52.880
Commissioner Beck.

02:04:52.880 --> 02:04:53.880
Thank you, Chair.

02:04:53.880 --> 02:04:54.880
And thank you.

02:04:54.880 --> 02:04:55.880
Ms. Burns, is that correct?

02:04:55.880 --> 02:04:56.880
Bruce.

02:04:56.880 --> 02:04:57.880
Bruce, I thought it was.

02:04:57.880 --> 02:04:58.880
OK.

02:04:58.880 --> 02:04:59.880
Thank you.

02:04:59.880 --> 02:05:00.880
OK.

02:05:00.880 --> 02:05:01.880
Thank you, Ian, for coming down this weekend.

02:05:01.880 --> 02:05:03.880
I, too, appreciate your concern for traffic.

02:05:03.880 --> 02:05:07.880
But let me pose a scenario for you now.

02:05:07.880 --> 02:05:11.260
Right now, where you all live, you pretty much have to get

02:05:11.260 --> 02:05:12.880
in your car and drive out of your

02:05:12.880 --> 02:05:15.250
neighborhood to get to pretty much any kind of service

02:05:15.250 --> 02:05:15.880
right now.

02:05:15.880 --> 02:05:16.880
Is that correct?

02:05:16.880 --> 02:05:17.880
Uh-huh.

02:05:17.880 --> 02:05:18.880
OK.

02:05:18.880 --> 02:05:22.010
Not only is Kroger coming in here, where you can buy a lot

02:05:22.010 --> 02:05:23.880
of things, but there's going

02:05:23.880 --> 02:05:24.880
to be other shops there.

02:05:24.880 --> 02:05:27.239
And these will be in walking and biking distance for-- not

02:05:27.239 --> 02:05:27.880
everybody.

02:05:27.880 --> 02:05:30.880
Not everybody can walk and bike a certain distance.

02:05:30.880 --> 02:05:32.880
But a lot of people can.

02:05:32.880 --> 02:05:36.880
And that, in effect, could reduce traffic.

02:05:36.880 --> 02:05:40.260
I think anything we can do as a city to reduce the use of

02:05:40.260 --> 02:05:42.880
our vehicles improves our air quality,

02:05:42.880 --> 02:05:45.880
as you know, is probably one of the worst in the state.

02:05:45.880 --> 02:05:50.470
So in the long run, this has that advantage of making your

02:05:50.470 --> 02:05:52.880
area a little bit more dense,

02:05:52.880 --> 02:05:56.880
where you will be in walking, biking distance from services

02:05:56.880 --> 02:05:57.880
that otherwise you would have

02:05:57.880 --> 02:05:59.880
had to get in your car and drive to.

02:05:59.880 --> 02:06:01.880
Does that help?

02:06:01.880 --> 02:06:06.689
It might be possible that some people will choose to walk

02:06:06.689 --> 02:06:08.880
or ride a bike to the smaller

02:06:08.880 --> 02:06:11.880
shops, probably not for groceries.

02:06:11.880 --> 02:06:16.159
Not if you're going to do shopping for the month, that's

02:06:16.159 --> 02:06:16.880
true.

02:06:16.880 --> 02:06:20.880
But if you forgot tomatoes for the salad, you could just--

02:06:20.880 --> 02:06:21.880
I understand.

02:06:21.880 --> 02:06:22.880
OK.

02:06:22.880 --> 02:06:26.079
I just have lived in that neighborhood long enough to

02:06:26.079 --> 02:06:26.880
understand--

02:06:26.880 --> 02:06:29.680
Ms. Bruce, could you step back to the microphone so we can

02:06:29.680 --> 02:06:30.880
make sure to hear you?

02:06:30.880 --> 02:06:31.880
Yes.

02:06:31.880 --> 02:06:32.880
Thank you very much.

02:06:32.880 --> 02:06:33.880
I understand.

02:06:33.880 --> 02:06:34.880
I appreciate what you said.

02:06:34.880 --> 02:06:39.170
I think we've lived there long enough to understand what

02:06:39.170 --> 02:06:41.880
the traffic will continue to be.

02:06:41.880 --> 02:06:48.810
Even if we have the smaller shops around the larger grocery

02:06:48.810 --> 02:06:50.880
store, I think we're going

02:06:50.880 --> 02:06:52.880
to have a mobility problem.

02:06:52.880 --> 02:06:54.880
And that is my concern.

02:06:54.880 --> 02:06:55.880
OK.

02:06:55.880 --> 02:06:56.880
I hope not, but thank you.

02:06:56.880 --> 02:06:57.880
Thank you.

02:06:57.880 --> 02:07:00.880
Thank you, ma'am.

02:07:00.880 --> 02:07:01.880
This is a public hearing.

02:07:01.880 --> 02:07:09.060
Anyone else who would like to come forward and speak at

02:07:09.060 --> 02:07:13.880
this time, please come forward.

02:07:13.880 --> 02:07:16.880
Deb Armentar, 2003, Mistywood Lane.

02:07:16.880 --> 02:07:23.460
I just want to speak to something identified by the woman

02:07:23.460 --> 02:07:25.880
who just spoke from a nearby

02:07:25.880 --> 02:07:29.880
neighborhood where they didn't receive notices.

02:07:29.880 --> 02:07:34.250
I know that it's the city's policy to only give

02:07:34.250 --> 02:07:37.880
notifications to, I think, within 250--

02:07:37.880 --> 02:07:40.880
I think it's state law, too.

02:07:40.880 --> 02:07:41.880
State law as well.

02:07:41.880 --> 02:07:43.880
We follow the state law.

02:07:43.880 --> 02:07:44.880
Yeah.

02:07:44.880 --> 02:07:51.779
And this is something that came up in the debates about the

02:07:51.779 --> 02:07:54.880
gas plant and where there

02:07:54.880 --> 02:07:58.359
were people who lived close enough such that they at least

02:07:58.359 --> 02:08:00.880
considered themselves stakeholders

02:08:00.880 --> 02:08:01.880
who were directly affected.

02:08:01.880 --> 02:08:03.880
They considered it their neighborhood.

02:08:03.880 --> 02:08:12.430
So I just wonder what we can do as a city to increase that

02:08:12.430 --> 02:08:16.880
area of notification so that

02:08:16.880 --> 02:08:22.600
people in nearby neighborhoods outside of that, 500 square

02:08:22.600 --> 02:08:24.880
feet or whatever, will be

02:08:24.880 --> 02:08:25.880
notified.

02:08:25.880 --> 02:08:30.539
It's just a shame to see this happening time and time again

02:08:30.539 --> 02:08:30.880
.

02:08:30.880 --> 02:08:36.970
And I also wanted to mention that I hope that as

02:08:36.970 --> 02:08:43.880
Commissioner Beck said that we have people

02:08:43.880 --> 02:08:47.880
walking to the shopping area and there's no problem with

02:08:47.880 --> 02:08:48.880
mobility.

02:08:48.880 --> 02:08:56.060
But I do fear in a situation like this that mobility issues

02:08:56.060 --> 02:08:57.880
will arise.

02:08:57.880 --> 02:09:01.170
So I second whoever it was who said before we should have a

02:09:01.170 --> 02:09:02.880
mobility study for this.

02:09:02.880 --> 02:09:04.880
I second that concern.

02:09:04.880 --> 02:09:08.350
And I would also say that when it comes to grocery shopping

02:09:08.350 --> 02:09:09.880
, as nice as it sounds to

02:09:09.880 --> 02:09:15.579
be able to walk over to Kroger and get some basil for the

02:09:15.579 --> 02:09:20.880
salad, I think most hardworking

02:09:20.880 --> 02:09:25.899
families tend to go and get -- yeah, you pick up the basil,

02:09:25.899 --> 02:09:28.880
but also a big thing of toilet

02:09:28.880 --> 02:09:33.789
paper and roach spray or whatever, things that you're not

02:09:33.789 --> 02:09:35.880
going to be carrying in a

02:09:35.880 --> 02:09:37.880
little wicker basket.

02:09:37.880 --> 02:09:41.510
So people do tend to go to -- I go to Kroger in my car and

02:09:41.510 --> 02:09:43.880
there are situations where even

02:09:43.880 --> 02:09:46.479
if it was two blocks away, if I needed to go for a full

02:09:46.479 --> 02:09:48.880
weekly shop, I'd go in my car.

02:09:48.880 --> 02:09:49.880
So anyway, thank you.

02:09:49.880 --> 02:09:53.000
>> Before you go, I want to clarify with staff, did we do

02:09:53.000 --> 02:09:55.880
500 foot notice as well on this?

02:09:55.880 --> 02:10:01.649
>> We did the 200 foot property owner and the 500 foot

02:10:01.649 --> 02:10:02.880
resident.

02:10:02.880 --> 02:10:07.300
In addition to because we heard some feedback from some of

02:10:07.300 --> 02:10:08.880
the neighbors that because of

02:10:08.880 --> 02:10:12.829
the -- where this property is located and the open space

02:10:12.829 --> 02:10:14.880
behind it, there weren't a

02:10:14.880 --> 02:10:16.880
lot of people who were notified.

02:10:16.880 --> 02:10:20.060
So the city went ahead and worked with those HOAs, the

02:10:20.060 --> 02:10:21.880
villages of Carmel as well as the

02:10:21.880 --> 02:10:23.920
preserve in order to get the word out to those

02:10:23.920 --> 02:10:26.880
neighborhoods and do that neighborhood meeting

02:10:26.880 --> 02:10:29.529
because you're right, there weren't a lot of people

02:10:29.529 --> 02:10:31.880
notified by the state law standards.

02:10:31.880 --> 02:10:32.880
>> Okay.

02:10:32.880 --> 02:10:35.279
>> So we went above and beyond on this to actually notify

02:10:35.279 --> 02:10:35.880
the HOAs.

02:10:35.880 --> 02:10:39.880
I think there's a neighborhood meeting and -- okay.

02:10:39.880 --> 02:10:40.880
Thank you.

02:10:40.880 --> 02:10:41.880
>> Sure.

02:10:41.880 --> 02:10:42.880
>> Commissioner Roselle.

02:10:42.880 --> 02:10:43.880
>> Thank you, Chair.

02:10:43.880 --> 02:10:47.109
I just wanted to reiterate Ms. Wyatt said and even the

02:10:47.109 --> 02:10:49.880
chair, I just go on record to say

02:10:49.880 --> 02:10:53.760
that state law is 200 feet minimum, Denton does a courtesy

02:10:53.760 --> 02:10:55.880
of 500 on every project that

02:10:55.880 --> 02:10:58.880
we notify as a courtesy to go beyond that.

02:10:58.880 --> 02:11:02.300
And I was really glad to see that because it is an entry to

02:11:02.300 --> 02:11:03.880
a larger area, the city

02:11:03.880 --> 02:11:06.880
actually hosted a meeting for some feedback too.

02:11:06.880 --> 02:11:08.880
It comes up often about notifications.

02:11:08.880 --> 02:11:12.319
We're always trying to figure out how to best get responses

02:11:12.319 --> 02:11:13.880
back and make sure people actually

02:11:13.880 --> 02:11:16.520
get the responses because there's just been ongoing

02:11:16.520 --> 02:11:17.880
discussion about that.

02:11:17.880 --> 02:11:21.319
But I think in this situation, city tried their best to try

02:11:21.319 --> 02:11:22.880
to get the community that's

02:11:22.880 --> 02:11:25.880
affected northeast of the highway involved.

02:11:25.880 --> 02:11:29.489
I give you credit for going beyond even what we generally

02:11:29.489 --> 02:11:31.880
are gracious to do at 500 feet

02:11:31.880 --> 02:11:34.880
even further.

02:11:34.880 --> 02:11:35.880
>> Commissioner Ellis.

02:11:35.880 --> 02:11:37.880
>> Thank you, Chair.

02:11:37.880 --> 02:11:40.880
Deb, thanks for your comments.

02:11:40.880 --> 02:11:42.770
I would echo what Commissioner Roselle said about trying to

02:11:42.770 --> 02:11:43.880
get the community involved.

02:11:43.880 --> 02:11:45.770
We do have a little bit of a broken notification process

02:11:45.770 --> 02:11:46.880
when we draw these circles.

02:11:46.880 --> 02:11:50.840
We miss an awful lot of property owners and I know they

02:11:50.840 --> 02:11:52.880
made a point to see that and reach

02:11:52.880 --> 02:11:55.880
out to the north of that.

02:11:55.880 --> 02:11:57.880
Also, we have an ongoing discussion.

02:11:57.880 --> 02:11:59.880
I think it's still sitting in our matrix.

02:11:59.880 --> 02:12:03.449
We've been trying to improve the notification process and

02:12:03.449 --> 02:12:04.880
it is of concern to this commission.

02:12:04.880 --> 02:12:06.880
It's been brought up multiple times.

02:12:06.880 --> 02:12:07.880
We've had a work session.

02:12:07.880 --> 02:12:09.880
We are trying to make improvements as we go forward.

02:12:09.880 --> 02:12:16.880
So it's definitely on our radar.

02:12:16.880 --> 02:12:18.880
>> Again, this is a public hearing.

02:12:18.880 --> 02:12:23.880
Anyone else who would like to come forward at this time?

02:12:23.880 --> 02:12:26.880
I have two additional e-mails.

02:12:26.880 --> 02:12:30.210
I think there are a number of e-mails that are provided in

02:12:30.210 --> 02:12:31.880
the backup so I won't bring those up.

02:12:31.880 --> 02:12:36.479
But we have an e-mail from Amanda McCullough and she was

02:12:36.479 --> 02:12:41.880
opposed and Earl Armstrong and I believe he is

02:12:41.880 --> 02:12:43.880
opposed as well.

02:12:43.880 --> 02:12:48.880
I don't know that state specifically, there's some concern.

02:12:48.880 --> 02:12:51.439
Those two other comments, is there anyone else who would

02:12:51.439 --> 02:12:52.880
like to come forward and speak at this time

02:12:52.880 --> 02:12:57.880
before we close our public hearing?

02:12:57.880 --> 02:13:00.279
Seeing none, I will close the public hearing and open the

02:13:00.279 --> 02:13:01.880
floor for discussion or a motion.

02:13:01.880 --> 02:13:03.880
Commissioner Beck.

02:13:03.880 --> 02:13:04.880
>> Thank you, Chair.

02:13:04.880 --> 02:13:06.880
I want to thank everybody for coming out tonight.

02:13:06.880 --> 02:13:09.819
I appreciate the comments from the applicant and the

02:13:09.819 --> 02:13:11.880
homeowners that live over there.

02:13:11.880 --> 02:13:12.880
I've looked at this thing pretty close too.

02:13:12.880 --> 02:13:15.529
I went over and visited this back when we thought we were

02:13:15.529 --> 02:13:18.880
going to do this at PNC two months ago and

02:13:18.880 --> 02:13:19.880
looked at the area.

02:13:19.880 --> 02:13:23.109
I knew the concern would be this is a nice area that's

02:13:23.109 --> 02:13:25.880
tucked away and any kind of development in there is

02:13:25.880 --> 02:13:28.880
going to be upsetting to the neighborhood.

02:13:28.880 --> 02:13:32.880
Traffic, that's going to be an issue.

02:13:32.880 --> 02:13:36.199
But we're looking at property that's currently zoned where

02:13:36.199 --> 02:13:38.880
commercial development can happen that's going

02:13:38.880 --> 02:13:40.880
to bring in traffic no matter what you do.

02:13:40.880 --> 02:13:44.880
I'm not sure CMG is going to bring in any more than RCR.

02:13:44.880 --> 02:13:47.180
>> Commissioner Beck, can you speak directly in the

02:13:47.180 --> 02:13:48.880
microphone of the guys in the back?

02:13:48.880 --> 02:13:49.880
Always ask me.

02:13:49.880 --> 02:13:51.880
Please help them with that.

02:13:51.880 --> 02:13:52.880
>> Okay.

02:13:52.880 --> 02:13:57.300
So trying to control the traffic by not rezoning is I don't

02:13:57.300 --> 02:13:59.880
think going to work and we're not sure what

02:13:59.880 --> 02:14:00.880
we're going to get in there.

02:14:00.880 --> 02:14:04.880
The one more dense zoning that would allow taller buildings

02:14:04.880 --> 02:14:06.880
will probably intensify the situation.

02:14:06.880 --> 02:14:12.880
We didn't rezone to CMG and left the RCR one.

02:14:12.880 --> 02:14:18.010
But when I go over to the neighborhood, I actually stood on

02:14:18.010 --> 02:14:20.880
, is it sundown at 1 Street?

02:14:20.880 --> 02:14:22.880
I was concerned about a buffer, too.

02:14:22.880 --> 02:14:25.920
And it looks like depending on what the developer does, we

02:14:25.920 --> 02:14:27.880
may get more of a tree line there than we

02:14:27.880 --> 02:14:29.880
hope that remains to be seen.

02:14:29.880 --> 02:14:33.640
But standing on sundown, you've got that park right there

02:14:33.640 --> 02:14:35.880
that's elevated about five or six feet.

02:14:35.880 --> 02:14:39.789
When you stand on sundown, you cannot even see that area

02:14:39.789 --> 02:14:40.880
over there.

02:14:40.880 --> 02:14:43.880
You can see the tops of the trees.

02:14:43.880 --> 02:14:47.970
To the east of that is a thick tree grove that blocks the

02:14:47.970 --> 02:14:49.880
view from that, too.

02:14:49.880 --> 02:14:51.880
And that's not going to go anywhere, too.

02:14:51.880 --> 02:14:55.640
So there's not going to be a visual that will distract the

02:14:55.640 --> 02:14:56.880
neighborhood.

02:14:56.880 --> 02:15:00.880
And it will, in fact, as a sound barrier, too.

02:15:00.880 --> 02:15:05.050
So I've looked at all the considerations I would if I lived

02:15:05.050 --> 02:15:05.880
there.

02:15:05.880 --> 02:15:07.590
I kind of like the idea of having a grocery store close to

02:15:07.590 --> 02:15:07.880
me.

02:15:07.880 --> 02:15:09.880
In fact, I live on Sherman.

02:15:09.880 --> 02:15:10.880
They built Liostec.

02:15:10.880 --> 02:15:13.880
I was pleased because I get to run down there.

02:15:13.880 --> 02:15:17.119
And I do my big shop and I go in the vehicle, but I make

02:15:17.119 --> 02:15:18.880
some small trips, too.

02:15:18.880 --> 02:15:23.880
So I was pleased to have something within walking distance.

02:15:23.880 --> 02:15:27.239
With all those considerations, again, part of our job as a

02:15:27.239 --> 02:15:29.880
city is to develop along lines where

02:15:29.880 --> 02:15:33.890
density is important, where people can, within short

02:15:33.890 --> 02:15:37.880
distances, walk and bike or travel,

02:15:37.880 --> 02:15:40.460
even in their car, just a short distance, because if you're

02:15:40.460 --> 02:15:42.880
not driving 3 1/2 miles,

02:15:42.880 --> 02:15:44.479
you're just driving a couple blocks, you're still using

02:15:44.479 --> 02:15:44.880
less fuel,

02:15:44.880 --> 02:15:47.649
putting less toxic elements into the bad air that we

02:15:47.649 --> 02:15:48.880
already have here.

02:15:48.880 --> 02:15:51.880
So that was one of the positive considerations.

02:15:51.880 --> 02:16:02.229
So with all that being said, I am going to make a motion

02:16:02.229 --> 02:16:06.880
that we approve this.

02:16:06.880 --> 02:16:08.880
We have a motion on the floor.

02:16:08.880 --> 02:16:11.880
Any further discussion or a second?

02:16:11.880 --> 02:16:14.880
I don't have anybody else on the board right now.

02:16:14.880 --> 02:16:16.880
Commissioner Sullivan.

02:16:16.880 --> 02:16:17.880
I second the motion.

02:16:17.880 --> 02:16:18.880
Okay.

02:16:18.880 --> 02:16:21.880
We have a first and a second for approval.

02:16:21.880 --> 02:16:29.880
Any further discussion or comment?

02:16:29.880 --> 02:16:30.880
Commissioner Ellis.

02:16:30.880 --> 02:16:31.880
Thank you, Chair.

02:16:31.880 --> 02:16:32.879
Just a couple of words.

02:16:32.879 --> 02:16:35.659
I do appreciate people speaking and coming out with concern

02:16:35.659 --> 02:16:35.879
.

02:16:35.879 --> 02:16:38.389
You know, the property is going to be developed at some

02:16:38.389 --> 02:16:38.879
point.

02:16:38.879 --> 02:16:41.200
The zoning that's on it now allows for commercial

02:16:41.200 --> 02:16:44.879
development, and it's going to happen.

02:16:44.879 --> 02:16:47.579
And sometimes these conveniences come in prior to all the

02:16:47.579 --> 02:16:48.879
mobility being in place,

02:16:48.879 --> 02:16:50.879
but the mobility plan is in place.

02:16:50.879 --> 02:16:53.879
Improvements are being made.

02:16:53.879 --> 02:16:56.120
And I do support this, because I actually think it's a

02:16:56.120 --> 02:17:02.879
really good thing for the community.

02:17:02.879 --> 02:17:03.879
I'll just second your comments.

02:17:03.879 --> 02:17:06.940
I think it's a unique opportunity that there's the

02:17:06.940 --> 02:17:11.879
improvements to the overpass before it's built,

02:17:11.879 --> 02:17:14.329
which is nice before this board, because that's not always

02:17:14.329 --> 02:17:14.879
the case.

02:17:14.879 --> 02:17:16.879
A lot of time it's after the fact.

02:17:16.879 --> 02:17:18.879
And so I know there are some concerns about that.

02:17:18.879 --> 02:17:23.250
But being a dead resident, born and raised here, that's

02:17:23.250 --> 02:17:26.879
been a little two-lane bridge for a long, long time.

02:17:26.879 --> 02:17:29.879
And it's great to finally see it be eight lanes now.

02:17:29.879 --> 02:17:32.229
And I think it's going to be a tremendous benefit for that

02:17:32.229 --> 02:17:32.879
neighborhood.

02:17:32.879 --> 02:17:34.879
I'm glad to see this site be developed.

02:17:34.879 --> 02:17:38.969
And I know there's been a lot of people that have been just

02:17:38.969 --> 02:17:40.879
as adamant that may be concerned about it,

02:17:40.879 --> 02:17:43.440
that they are thrilled to have a grocery store up at the

02:17:43.440 --> 02:17:45.879
front of their subdivision

02:17:45.879 --> 02:17:47.879
and the services that that will bring as well.

02:17:47.879 --> 02:17:49.879
And so with that, I'm going to support this motion as well.

02:17:49.879 --> 02:18:00.340
And seeing no other discussion, I will call for a vote on

02:18:00.340 --> 02:18:02.879
the board.

02:18:02.879 --> 02:18:05.879
The motion carries 6-0.

02:18:05.879 --> 02:18:10.159
That will end our public hearing session section this

02:18:10.159 --> 02:18:12.879
evening, and that will move us on to our project

02:18:12.879 --> 02:18:15.879
maintenance matrix.

02:18:15.879 --> 02:18:17.879
I can't speak.

02:18:17.879 --> 02:18:19.879
Our project matrix.

02:18:19.879 --> 02:18:24.879
So Commissioner Rozelle.

02:18:24.879 --> 02:18:25.879
Thank you, Chair.

02:18:25.879 --> 02:18:29.969
I would like some direction from staff regarding the

02:18:29.969 --> 02:18:32.879
specific request I have and how to enact this.

02:18:32.879 --> 02:18:36.370
I don't know if we can put this back to a different

02:18:36.370 --> 02:18:38.879
committee for action or what.

02:18:38.879 --> 02:18:43.299
But given the events of yesterday at Lakeview Boulevard and

02:18:43.299 --> 02:18:44.879
the DCTA rail,

02:18:44.879 --> 02:18:49.559
as well as the stated increased traffic that's about to

02:18:49.559 --> 02:18:51.879
happen in the same block,

02:18:51.879 --> 02:18:55.760
what does it take to increase the crossing guard to cover

02:18:55.760 --> 02:19:00.879
the sidewalk, not just the road at that train crossing?

02:19:00.879 --> 02:19:04.760
Who does that and how can we get that added to that

02:19:04.760 --> 02:19:05.879
sidewalk?

02:19:05.879 --> 02:19:08.200
We would have to -- I will visit with the transportation

02:19:08.200 --> 02:19:11.079
department, number one, the transportation director, and

02:19:11.079 --> 02:19:11.879
discern next steps.

02:19:11.879 --> 02:19:15.379
I believe it might have -- we will also have to contact the

02:19:15.379 --> 02:19:18.989
county and see what we need to do in terms of enhancing the

02:19:18.989 --> 02:19:19.879
security features on that.

02:19:19.879 --> 02:19:22.389
But it's something we would have to research and perhaps

02:19:22.389 --> 02:19:25.879
have someone give a presentation at this commission

02:19:25.879 --> 02:19:29.700
or have an opportunity to provide you what the steps are to

02:19:29.700 --> 02:19:31.879
establish those parameters.

02:19:31.879 --> 02:19:34.879
Yeah, if I need to do it offline from a commission, that

02:19:34.879 --> 02:19:34.879
would be great.

02:19:34.879 --> 02:19:37.549
If I could just get information of who to go to, I would be

02:19:37.549 --> 02:19:39.879
happy to follow up on that independently.

02:19:39.879 --> 02:19:40.879
Okay, superb.

02:19:40.879 --> 02:19:41.879
We'll get you some info.

02:19:41.879 --> 02:19:45.399
If not, we'll try and get someone to come in and speak to

02:19:45.399 --> 02:19:45.879
it.

02:19:45.879 --> 02:19:48.879
If not, we'll try and gather some info for yourself.

02:19:48.879 --> 02:19:49.879
That sounds great.

02:19:49.879 --> 02:19:50.879
Thank you.

02:19:50.879 --> 02:19:52.879
Commissioner Ellis.

02:19:52.879 --> 02:19:53.879
Thank you, Chair.

02:19:53.879 --> 02:19:56.879
Okay, I have just a couple of things to put on there, Manal

02:19:56.879 --> 02:19:57.879
, if you could.

02:19:57.879 --> 02:20:02.440
One of the things in the Denton 2030 plan talks about

02:20:02.440 --> 02:20:06.879
minimizing waste and enhancing our resource recovery.

02:20:06.879 --> 02:20:11.350
Can we have a discussion on where we are with commercial

02:20:11.350 --> 02:20:13.879
recycling bins in the city?

02:20:13.879 --> 02:20:17.700
I see them in certain places, but we are missing major

02:20:17.700 --> 02:20:20.879
opportunities in the city to have these.

02:20:20.879 --> 02:20:25.709
I volunteered over a weekend for a festival in town, and I

02:20:25.709 --> 02:20:27.879
was at the arts center.

02:20:27.879 --> 02:20:29.879
They do not have a commercial recycling bin there.

02:20:29.879 --> 02:20:31.879
I talked to staff there.

02:20:31.879 --> 02:20:34.360
They do what I ended up doing that weekend and took as much

02:20:34.360 --> 02:20:34.879
of it home,

02:20:34.879 --> 02:20:39.440
because it was devastating to throw all of this perfectly

02:20:39.440 --> 02:20:41.879
recyclable material away.

02:20:41.879 --> 02:20:46.879
So could we maybe talk about this and get things moving?

02:20:46.879 --> 02:20:52.020
Absolutely. I'll see if our Solid Waste team, Ethan Cox,

02:20:52.020 --> 02:20:56.059
can provide us some info on this in a memo format for the P

02:20:56.059 --> 02:20:56.879
NC.

02:20:56.879 --> 02:20:59.879
I believe it's required for all new commercialists.

02:20:59.879 --> 02:21:03.000
For new commercialists, it is, but I was going to allow him

02:21:03.000 --> 02:21:03.879
to put that in writing as to,

02:21:03.879 --> 02:21:08.879
and then if you need something, how do you secure that?

02:21:08.879 --> 02:21:10.879
Oh, I had one more thing.

02:21:10.879 --> 02:21:12.879
Well, you have the floor. Continue.

02:21:12.879 --> 02:21:13.879
Thank you.

02:21:13.879 --> 02:21:20.700
Okay, we had a night of replats today, and my issue with

02:21:20.700 --> 02:21:25.879
replats is it's kind of a formality what we do here,

02:21:25.879 --> 02:21:29.969
because we really can't -- when you bring it to us and it

02:21:29.969 --> 02:21:32.879
complies, we really have to say yes.

02:21:32.879 --> 02:21:38.250
So to have public discussion and commission discussion and

02:21:38.250 --> 02:21:42.620
money spent for notices of public hearings in the newspaper

02:21:42.620 --> 02:21:42.879
,

02:21:42.879 --> 02:21:46.870
I truly feel like this formality is a waste of time and

02:21:46.870 --> 02:21:48.879
money in a lot of cases.

02:21:48.879 --> 02:21:52.879
It slows down the process for the applicant.

02:21:52.879 --> 02:21:58.280
If we truly can't do anything with our discussion, can we

02:21:58.280 --> 02:22:02.879
maybe have a discussion on either to allow public

02:22:02.879 --> 02:22:06.700
and commission discussion to have some teeth with regards

02:22:06.700 --> 02:22:10.879
to these replats, or maybe we don't need it on our agenda,

02:22:10.879 --> 02:22:14.879
and we can save time and money on all parts.

02:22:14.879 --> 02:22:18.260
So I don't know if that requires a work session discussion

02:22:18.260 --> 02:22:20.879
or what, but I do have that concern.

02:22:20.879 --> 02:22:21.879
Sure.

02:22:21.879 --> 02:22:24.159
Commissioner Ellis, as it relates to the replats, there is

02:22:24.159 --> 02:22:25.879
a specific formality,

02:22:25.879 --> 02:22:28.020
and that is the notification and public hearing process as

02:22:28.020 --> 02:22:30.879
it relates to the type of replat we're addressing.

02:22:30.879 --> 02:22:33.620
In terms of teeth for the commission, I think we've had

02:22:33.620 --> 02:22:34.879
this conversation before, too,

02:22:34.879 --> 02:22:39.159
but what we could do is actually have a work session and

02:22:39.159 --> 02:22:42.879
talk about platts in general, if you like.

02:22:42.879 --> 02:22:43.879
Good?

02:22:43.879 --> 02:22:45.879
Okay.

02:22:45.879 --> 02:22:46.879
Commissioner Beck.

02:22:46.879 --> 02:22:48.879
Thank you, Chair.

02:22:48.879 --> 02:22:53.190
The mention of trees today in more ways than one just

02:22:53.190 --> 02:22:56.299
motivates me again to bring up the tree ordinance and get

02:22:56.299 --> 02:22:57.879
it moving once again.

02:22:57.879 --> 02:23:01.170
I don't know that we've made any changes since we last

02:23:01.170 --> 02:23:04.549
talked about it, but it's something that needs to get

02:23:04.549 --> 02:23:05.879
moving forward.

02:23:05.879 --> 02:23:09.879
I think we've kicked the can down the road too long.

02:23:09.879 --> 02:23:13.530
So Commissioner Ellis mentioned this last commission

02:23:13.530 --> 02:23:15.879
meeting and put it on the matrix.

02:23:15.879 --> 02:23:20.329
So did we make any move or any motions made to get it back

02:23:20.329 --> 02:23:22.879
on the agenda anytime soon?

02:23:22.879 --> 02:23:28.879
Absolutely. Actually, what we've had the opportunity to do

02:23:28.879 --> 02:23:32.879
is actually work with our green team, as Chandran calls it.

02:23:32.879 --> 02:23:35.500
Our DRC administrator has been working very closely with

02:23:35.500 --> 02:23:35.879
Bob.

02:23:35.879 --> 02:23:37.879
I'm sure you've all had an opportunity to meet Bob.

02:23:37.879 --> 02:23:39.879
I'm rather new to this arena again.

02:23:39.879 --> 02:23:43.709
So they are in the process, this green team, Haywood and

02:23:43.709 --> 02:23:46.879
Bob and Chandran, and the planning division in general,

02:23:46.879 --> 02:23:50.889
diligently working at creating or establishing a framework

02:23:50.889 --> 02:23:53.879
for a comprehensive urban forestry program.

02:23:53.879 --> 02:23:56.350
Now that we understand what that framework will eventually

02:23:56.350 --> 02:23:58.840
look like, we are in a position to start moving forward

02:23:58.840 --> 02:23:59.879
with the tree code.

02:23:59.879 --> 02:24:02.700
In fact, we are keen that there is a recommendation from

02:24:02.700 --> 02:24:05.639
the commission that can move forward to the council as well

02:24:05.639 --> 02:24:05.879
.

02:24:05.879 --> 02:24:08.649
But we will be coming back with some minor tweaks to our

02:24:08.649 --> 02:24:10.879
last, if you recall, we had a work session.

02:24:10.879 --> 02:24:13.440
We had a special called meeting and we discussed the tree

02:24:13.440 --> 02:24:13.879
code.

02:24:13.879 --> 02:24:15.879
So we should be bringing it forward very soon.

02:24:15.879 --> 02:24:20.879
Okay. Before we do, I think I've mentioned to you briefly,

02:24:20.879 --> 02:24:24.360
I have a couple ideas that will help maybe get us across

02:24:24.360 --> 02:24:26.879
some rough areas with developers.

02:24:26.879 --> 02:24:30.190
So would we have an opportunity to discuss that and if it

02:24:30.190 --> 02:24:33.250
looks feasible, get it into the tree code before it

02:24:33.250 --> 02:24:34.879
actually gets to us?

02:24:34.879 --> 02:24:36.879
Absolutely. Let's do this then.

02:24:36.879 --> 02:24:39.690
If it is the wish of the commission and Chairperson Strange

02:24:39.690 --> 02:24:41.879
, I pose this to you as the chair.

02:24:41.879 --> 02:24:44.239
If it is the wish of the commission, in fact, we had

02:24:44.239 --> 02:24:46.879
requested it last time, go ahead and email.

02:24:46.879 --> 02:24:51.229
I believe it's Shandrin that we emailed the comments to or

02:24:51.229 --> 02:24:53.879
Heywood or copy everybody and Bob.

02:24:53.879 --> 02:24:58.149
And if you have ideas or options or issue with certain

02:24:58.149 --> 02:25:02.479
language with the last document that you read, send it to

02:25:02.479 --> 02:25:02.879
us.

02:25:02.879 --> 02:25:04.879
We'll do a couple of red lines for you.

02:25:04.879 --> 02:25:08.030
We'll do a page turn and hopefully from there we can agree

02:25:08.030 --> 02:25:10.879
to disagree or agree to agree and move forward.

02:25:10.879 --> 02:25:15.879
Okay. Thank you.

02:25:15.879 --> 02:25:21.879
Anybody else? Nobody else is on the board.

02:25:21.879 --> 02:25:25.879
Okay. At 820, we will close our PNC meeting tonight.

02:25:25.879 --> 02:25:27.879
Thank you, everyone.