1 00:00:00,000 --> 00:00:05,000 Good afternoon and welcome to the City of Denton Planning 2 00:00:05,000 --> 00:00:05,940 and Zoning Commission 3 00:00:05,940 --> 00:00:11,199 meeting for September 13th. This meeting has been duly 4 00:00:11,199 --> 00:00:12,000 posted and we do 5 00:00:12,000 --> 00:00:16,809 barely have a quorum present and I will call us to order at 6 00:00:16,809 --> 00:00:18,679 435. This will be our 7 00:00:18,679 --> 00:00:22,449 work session and our first order of business will be to 8 00:00:22,449 --> 00:00:23,600 welcome two new 9 00:00:23,600 --> 00:00:26,920 members Mr. Alfred Sanchez thank you for joining us. Thank 10 00:00:26,920 --> 00:00:28,739 you. And Mr. Timothy 11 00:00:28,739 --> 00:00:32,640 Smith thank you. Welcome aboard and both of you all. And 12 00:00:32,640 --> 00:00:35,439 with that I will turn the 13 00:00:35,439 --> 00:00:39,380 meeting over to Shandria Shandrian for presentation of our 14 00:00:39,380 --> 00:00:40,399 agenda this evening. 15 00:00:40,399 --> 00:00:43,920 Okay good evening. The first item on the agenda is the 16 00:00:43,920 --> 00:00:45,399 consent agenda and I wanted 17 00:00:45,399 --> 00:00:49,630 to see if there was any discussion on the the items that we 18 00:00:49,630 --> 00:00:50,840 have here. We have 19 00:00:50,840 --> 00:00:57,219 six plats. There's some two prelims a final plat two plat 20 00:00:57,219 --> 00:00:58,299 vacations and then 21 00:00:58,299 --> 00:01:01,500 another prelim for this associated with the plant vacations 22 00:01:01,500 --> 00:01:02,439 . Are there any 23 00:01:02,439 --> 00:01:08,019 questions about those or any discussion? Commissioner Rose 24 00:01:08,019 --> 00:01:09,359 ll. Thank you chair. This 25 00:01:09,359 --> 00:01:13,840 is why I believe my first plat vacation that I've seen and 26 00:01:13,840 --> 00:01:15,319 I guess it's standard 27 00:01:15,319 --> 00:01:18,950 to vacate the plat and then do a preliminary plat at the 28 00:01:18,950 --> 00:01:20,000 same time because 29 00:01:20,000 --> 00:01:22,680 it looks like is that what that's what's happening here 30 00:01:22,680 --> 00:01:23,840 with the Carmel villas 31 00:01:23,840 --> 00:01:27,269 they're vacating and then preliminary plat in the new one. 32 00:01:27,269 --> 00:01:28,599 Do they usually happen 33 00:01:28,599 --> 00:01:34,519 in tandem like that? Well typically the ultimate goal is to 34 00:01:34,519 --> 00:01:35,680 replat and so in 35 00:01:35,680 --> 00:01:39,310 order to do that they'll have to vacate the original plat 36 00:01:39,310 --> 00:01:40,519 do the prelim and then 37 00:01:40,519 --> 00:01:43,469 do the replat. So this is just the first step in that 38 00:01:43,469 --> 00:01:47,640 process. Okay thank you. 39 00:01:54,000 --> 00:02:04,170 Any other questions on the consent agenda? Okay we have one 40 00:02:04,170 --> 00:02:06,200 item for 41 00:02:06,200 --> 00:02:09,900 individual consideration which is to consider and appoint a 42 00:02:09,900 --> 00:02:11,039 member for the P&Z 43 00:02:11,039 --> 00:02:17,159 subcommittee I mean this P&Z vice chair wrong meeting. 44 00:02:18,039 --> 00:02:18,039 We're gonna do that right now we're gonna do that in our 45 00:02:18,039 --> 00:02:22,840 public session. So 46 00:02:22,840 --> 00:02:25,789 no discussion we'll do all of that in the main the regular 47 00:02:25,789 --> 00:02:27,319 meeting? Council 48 00:02:27,319 --> 00:02:32,400 chambers. Okay and then we have five public hearing items 49 00:02:32,400 --> 00:02:33,199 and I'll invite 50 00:02:33,199 --> 00:02:37,280 Haley Zagorski up for our first item which is a replat for 51 00:02:37,280 --> 00:02:37,759 the Brinker 52 00:02:37,759 --> 00:02:40,360 substation. 53 00:02:50,840 --> 00:02:54,599 All right good evening. Let me see if I can get this 54 00:02:54,599 --> 00:02:57,280 rotated for us. 55 00:03:05,280 --> 00:03:10,159 Okay so this is a replat for the DME substation on Brinker 56 00:03:10,159 --> 00:03:12,240 Road. The purpose 57 00:03:12,240 --> 00:03:17,750 of the replat is to replat an existing lot as well as take 58 00:03:17,750 --> 00:03:18,400 in acreage 59 00:03:18,400 --> 00:03:21,430 that was previously unplatted and with this replat they're 60 00:03:21,430 --> 00:03:23,919 also abandoning some 61 00:03:23,919 --> 00:03:26,900 old right of way that you can see here for Morish Road. So 62 00:03:26,900 --> 00:03:28,400 it's got multiple 63 00:03:28,400 --> 00:03:31,900 components going on but in essence they're creating one 64 00:03:31,900 --> 00:03:32,860 larger lot and 65 00:03:32,860 --> 00:03:35,860 abandoning right of way. Do you have any questions on the 66 00:03:35,860 --> 00:03:37,960 plot? I don't have a 67 00:03:37,960 --> 00:03:40,939 question on the plat but do have a question in general. Are 68 00:03:40,939 --> 00:03:41,479 they currently 69 00:03:41,479 --> 00:03:43,750 over there doing site work on that? Is that what's being 70 00:03:43,750 --> 00:03:44,919 done there on this area 71 00:03:44,919 --> 00:03:48,919 now? I believe they do have a minor site plan for some 72 00:03:48,919 --> 00:03:49,879 ground work 73 00:03:49,879 --> 00:03:52,400 over there. I'm not aware of the specifics of that work 74 00:03:52,400 --> 00:03:53,199 though. Well I knew 75 00:03:53,199 --> 00:03:56,020 there's work being done and it looks like it was that area 76 00:03:56,020 --> 00:03:56,639 so I just was 77 00:03:56,639 --> 00:04:01,449 curious if that's what the work is in regards to this site 78 00:04:01,449 --> 00:04:01,960 here. I 79 00:04:01,960 --> 00:04:05,360 believe it is. Okay thank you. 80 00:04:09,719 --> 00:04:12,689 The next item is a zoning request for property located at 81 00:04:12,689 --> 00:04:14,639 the southwest 82 00:04:14,639 --> 00:04:21,300 corner of Teasley and Old Alton. All right so this is case 83 00:04:21,300 --> 00:04:23,639 Z1717. It's for 84 00:04:23,639 --> 00:04:27,939 the relocation of Pioneer Automotive. So the request is to 85 00:04:27,939 --> 00:04:29,279 hold a public hearing 86 00:04:29,279 --> 00:04:32,680 and consider this request to rezone approximately a half 87 00:04:32,680 --> 00:04:33,399 acre from a 88 00:04:33,399 --> 00:04:36,589 neighborhood residential mixed-use zoning district to a 89 00:04:36,589 --> 00:04:37,680 community mixed-use 90 00:04:37,680 --> 00:04:41,079 general district and this property as you see outlined here 91 00:04:41,079 --> 00:04:41,839 in yellow is 92 00:04:41,839 --> 00:04:45,180 located roughly at the southeast corner of Teasley Lane and 93 00:04:45,180 --> 00:04:48,360 Old Alton Road. So 94 00:04:48,360 --> 00:04:51,360 looking at what immediately surrounds the property you can 95 00:04:51,360 --> 00:04:52,279 see it and land to 96 00:04:52,279 --> 00:04:56,480 the west are currently zoned NRMU. Just to the west here we 97 00:04:56,480 --> 00:04:57,639 have an electrical 98 00:04:57,639 --> 00:05:00,389 transfer station and some other land that just has a dry v 99 00:05:00,389 --> 00:05:01,279 ial on it currently. 100 00:05:01,279 --> 00:05:05,110 To the south of the property you can see the hatched area 101 00:05:05,110 --> 00:05:06,160 is all part of the 102 00:05:06,160 --> 00:05:09,680 city's ETJ so that hasn't yet been annexed into the city. 103 00:05:09,680 --> 00:05:10,920 There's multiple 104 00:05:10,920 --> 00:05:13,720 facilities in this area though we have an athletic training 105 00:05:13,720 --> 00:05:14,519 facility to the 106 00:05:14,519 --> 00:05:17,779 south. This is a self storage facility over here to the 107 00:05:17,779 --> 00:05:20,399 southeast. We have ICE 108 00:05:20,399 --> 00:05:24,240 district so industrial center employment to the east of the 109 00:05:24,240 --> 00:05:25,839 property and that is 110 00:05:25,839 --> 00:05:29,029 along the frontage of Teasley Road and it consists of some 111 00:05:29,029 --> 00:05:30,040 offices and some 112 00:05:30,040 --> 00:05:33,560 access points for this industrial park that's to the south. 113 00:05:33,560 --> 00:05:35,720 We have CMG 114 00:05:35,720 --> 00:05:38,569 district directly across Teasley that's the Geyer High 115 00:05:38,569 --> 00:05:40,800 School property and then 116 00:05:40,800 --> 00:05:43,689 we also have NR2 district in this area and I want to take a 117 00:05:43,689 --> 00:05:44,519 second on that 118 00:05:44,519 --> 00:05:48,009 because it at first glance when you look at the map you see 119 00:05:48,009 --> 00:05:49,160 what appears to be a 120 00:05:49,160 --> 00:05:52,290 distinct parcel of land here just to the north of the 121 00:05:52,290 --> 00:05:54,480 subject property. That's 122 00:05:54,480 --> 00:05:57,529 just I guess an error in our map we don't have those layers 123 00:05:57,529 --> 00:05:58,519 updated yet from 124 00:05:58,519 --> 00:06:01,540 the county. All of this area if you look at the most recent 125 00:06:01,540 --> 00:06:02,680 tax maps is dedicated 126 00:06:02,680 --> 00:06:05,959 right of way for Teasley Lane so that NR2 district isn't 127 00:06:05,959 --> 00:06:07,120 necessarily associated 128 00:06:07,120 --> 00:06:09,540 with a particular parcel that will all be incorporated into 129 00:06:09,540 --> 00:06:10,459 Teasley at some 130 00:06:10,459 --> 00:06:15,870 point. If we look a little bit further out you can see some 131 00:06:15,870 --> 00:06:16,800 more it's going on 132 00:06:16,800 --> 00:06:18,810 in the area as I mentioned we have this office and 133 00:06:18,810 --> 00:06:20,000 industrial park here that's 134 00:06:20,000 --> 00:06:24,420 in a mixture of ICE and ETJ. This property here has 135 00:06:24,420 --> 00:06:26,120 recently been developed 136 00:06:26,120 --> 00:06:30,009 with an auto repair shop and here you can see DM I believe 137 00:06:30,009 --> 00:06:30,839 that's actually a 138 00:06:30,839 --> 00:06:33,370 TXU electric transfer station and then Geyer High School's 139 00:06:33,370 --> 00:06:34,279 property across the 140 00:06:34,279 --> 00:06:38,759 street. So just to give you an idea of this general area of 141 00:06:38,759 --> 00:06:39,399 town I'm sure 142 00:06:39,399 --> 00:06:42,379 you're all familiar we have Old Alton Road coming up from 143 00:06:42,379 --> 00:06:43,360 the south Teasley 144 00:06:43,360 --> 00:06:46,810 Lane this is very close to the current city limits. You can 145 00:06:46,810 --> 00:06:47,439 see Geyer High 146 00:06:47,439 --> 00:06:51,290 School here to the north these two parcels just closest to 147 00:06:51,290 --> 00:06:51,879 the subject 148 00:06:51,879 --> 00:06:55,879 property were recently rezoned for Geyer to expand and then 149 00:06:55,879 --> 00:06:56,600 we have a lot of 150 00:06:56,600 --> 00:07:01,100 unincorporated area out here that hasn't been annexed into 151 00:07:01,100 --> 00:07:03,279 the city yet. So 152 00:07:03,279 --> 00:07:06,120 looking at the future land use for this area because of 153 00:07:06,120 --> 00:07:07,360 this major intersection 154 00:07:07,360 --> 00:07:09,889 we have here at Teasley and Old Alton this area serves as a 155 00:07:09,889 --> 00:07:10,600 primary gateway to 156 00:07:10,600 --> 00:07:13,129 the city for people coming from the east and from the south 157 00:07:13,129 --> 00:07:14,639 . So this area was 158 00:07:14,639 --> 00:07:18,240 designated in the Denton Plan 2030 for community mixed use 159 00:07:18,240 --> 00:07:19,199 and that designation 160 00:07:19,199 --> 00:07:22,680 is for areas where we want to promote a mixture of uses 161 00:07:22,680 --> 00:07:23,360 predominantly 162 00:07:23,360 --> 00:07:26,100 commercial but with other supporting services and some 163 00:07:26,100 --> 00:07:27,319 residential uses mixed 164 00:07:27,319 --> 00:07:29,839 in as well to kind of create a sense of place in a 165 00:07:29,839 --> 00:07:30,759 community center for the 166 00:07:30,759 --> 00:07:34,750 surrounding neighborhoods. And the goal over time with this 167 00:07:34,750 --> 00:07:35,959 area is to promote 168 00:07:35,959 --> 00:07:38,639 that mixture of land uses that can serve we have 169 00:07:38,639 --> 00:07:40,240 surrounding neighborhoods to the 170 00:07:40,240 --> 00:07:43,740 north much of Corinth is residential here and so the goal 171 00:07:43,740 --> 00:07:44,920 would be to create 172 00:07:44,920 --> 00:07:47,449 kind of a gateway to the city here with high design 173 00:07:47,449 --> 00:07:48,639 standards that can welcome 174 00:07:48,639 --> 00:07:52,139 people in from either direction and support those existing 175 00:07:52,139 --> 00:07:53,319 neighborhoods. 176 00:07:53,319 --> 00:07:56,990 Just to give you an idea of how these districts compare 177 00:07:56,990 --> 00:07:58,439 they are very similar 178 00:07:58,439 --> 00:08:01,589 in terms of the regulations for these areas you know 179 00:08:01,589 --> 00:08:03,040 similar lot area lot 180 00:08:03,040 --> 00:08:06,670 coverage permitted building height being the same. So the 181 00:08:06,670 --> 00:08:08,240 primary intent with this 182 00:08:08,240 --> 00:08:11,560 rezoning is just to get to CMG because it matches the 183 00:08:11,560 --> 00:08:12,160 future land use 184 00:08:12,160 --> 00:08:15,449 designation and it permits the use that the applicant is 185 00:08:15,449 --> 00:08:16,839 ultimately wanting to 186 00:08:16,839 --> 00:08:21,259 develop on the site which is auto repair. Just looking at 187 00:08:21,259 --> 00:08:22,439 the mobility in this 188 00:08:22,439 --> 00:08:25,870 area and how the site would be accessed it currently has 189 00:08:25,870 --> 00:08:27,279 frontage on Old Alton 190 00:08:27,279 --> 00:08:30,810 at some point when Teasley is expanded there would be lanes 191 00:08:30,810 --> 00:08:31,600 for Teasley much 192 00:08:31,600 --> 00:08:34,129 closer to the subject property. Teasley is under 193 00:08:34,129 --> 00:08:35,440 improvement by text audit this 194 00:08:35,440 --> 00:08:38,870 time its intent is to ultimately be a six lane divided road 195 00:08:38,870 --> 00:08:40,720 way. Old Alton is 196 00:08:40,720 --> 00:08:43,250 intended to be a four lane divided roadway at some point 197 00:08:43,250 --> 00:08:43,600 there's no 198 00:08:43,600 --> 00:08:47,279 immediate plans for that expansion but this immediate 199 00:08:47,279 --> 00:08:49,700 intersection is being improved with a signal being added 200 00:08:49,700 --> 00:08:50,440 there and some turn 201 00:08:50,440 --> 00:08:53,120 lanes because Geyer High School will have a drive aisle 202 00:08:53,120 --> 00:08:54,000 that punches through 203 00:08:54,000 --> 00:08:59,259 straight across from Old Alton at some point. Notifications 204 00:08:59,259 --> 00:09:00,399 were sent about this 205 00:09:00,399 --> 00:09:04,429 case we received two favorable notices back from the 206 00:09:04,429 --> 00:09:06,559 property owner and from 207 00:09:06,559 --> 00:09:09,279 the owner that has the self storage facility immediately to 208 00:09:09,279 --> 00:09:09,879 the east of this. 209 00:09:09,879 --> 00:09:14,850 And staff is recommending approval of this request based 210 00:09:14,850 --> 00:09:15,679 upon it being 211 00:09:15,679 --> 00:09:18,519 compatible with the surrounding zoning and land uses. The 212 00:09:18,519 --> 00:09:19,320 district is 213 00:09:19,320 --> 00:09:22,000 appropriate at a prominent gateway to the city because it 214 00:09:22,000 --> 00:09:22,679 does allow for those 215 00:09:22,679 --> 00:09:25,679 high commercial standards and it also consistent with the 216 00:09:25,679 --> 00:09:26,960 Denton Plan 2030. 217 00:09:26,960 --> 00:09:32,830 And I can stand for any questions. Commissioner Smith. So 218 00:09:32,830 --> 00:09:33,759 the applicant is of 219 00:09:33,759 --> 00:09:36,870 course aware that the expansion of Teasley is going to be 220 00:09:36,870 --> 00:09:37,799 happening so any 221 00:09:37,799 --> 00:09:40,779 building they put onto it if we do rezone it that they will 222 00:09:40,779 --> 00:09:42,000 be ready to 223 00:09:42,000 --> 00:09:44,820 make sure all accommodations are can allow for the right of 224 00:09:44,820 --> 00:09:45,519 way to come up 225 00:09:45,519 --> 00:09:48,169 closer to them correct? Yes sir the property's already been 226 00:09:48,169 --> 00:09:48,600 platted and that 227 00:09:48,600 --> 00:09:52,159 right of way has been dedicated. 228 00:09:52,360 --> 00:10:01,519 Anything else? Thank you Hailey. The next two items C and D 229 00:10:01,519 --> 00:10:02,960 have been postponed to 230 00:10:02,960 --> 00:10:06,649 the September 27th meeting at the request of both of the 231 00:10:06,649 --> 00:10:07,679 applicants and 232 00:10:07,679 --> 00:10:11,960 that leaves us with E which is a DDC amendment related to 233 00:10:11,960 --> 00:10:12,519 development 234 00:10:12,519 --> 00:10:16,600 agreements and I'll invite Jim Jinx up for a presentation. 235 00:10:16,600 --> 00:10:18,200 Before we get started 236 00:10:18,200 --> 00:10:21,240 on that item I'd like to get a clarification from legal 237 00:10:21,240 --> 00:10:22,240 being that I'm 238 00:10:22,240 --> 00:10:25,909 engaged in the development business and residential and 239 00:10:25,909 --> 00:10:27,240 commercial construction 240 00:10:27,240 --> 00:10:29,909 on building permits that I can participate in this item and 241 00:10:29,909 --> 00:10:30,279 it's not a 242 00:10:30,279 --> 00:10:35,090 conflict of interest. We did look at that I know originally 243 00:10:35,090 --> 00:10:37,440 we thought it was 2E 244 00:10:37,440 --> 00:10:41,600 but in regards to item 4E I do not think that you have a 245 00:10:41,600 --> 00:10:42,600 conflict of interest in 246 00:10:42,600 --> 00:10:47,000 this item. I will participate in this item thank you. 247 00:10:52,440 --> 00:10:59,570 Good evening everyone I'm Jim Jinx with the development 248 00:10:59,570 --> 00:11:04,200 review engineering 249 00:11:04,200 --> 00:11:09,850 division and I've got a presentation here for the 250 00:11:09,850 --> 00:11:13,519 developments improvements to 251 00:11:13,519 --> 00:11:13,519 our development agreements and basically we are trying to 252 00:11:13,519 --> 00:11:19,200 achieve a few different 253 00:11:19,200 --> 00:11:27,179 objectives here. We frequently get requests from developers 254 00:11:27,179 --> 00:11:28,440 to file a plat 255 00:11:28,440 --> 00:11:34,720 shortly after a P&Z approval and prior to their hiring of a 256 00:11:34,720 --> 00:11:36,399 contractor and 257 00:11:36,399 --> 00:11:39,970 they're entering into the three-way development contracts 258 00:11:39,970 --> 00:11:40,840 that are required 259 00:11:40,840 --> 00:11:45,250 to get the project into construction. We're trying to as 260 00:11:45,250 --> 00:11:46,519 our code is currently 261 00:11:46,519 --> 00:11:51,970 written it doesn't allow us to do that until those three- 262 00:11:51,970 --> 00:11:54,519 way contracts between 263 00:11:54,519 --> 00:11:57,799 the city contractor and developer have been fully executed. 264 00:11:57,799 --> 00:11:59,080 We're trying to find 265 00:11:59,080 --> 00:12:05,600 a way to facilitate filing the platts at a sooner time 266 00:12:05,600 --> 00:12:07,519 while still protecting the 267 00:12:07,519 --> 00:12:10,750 city's interest and then as with a lot of our recent 268 00:12:10,750 --> 00:12:12,480 initiatives and ongoing 269 00:12:12,480 --> 00:12:16,549 initiatives we are trying to also help streamline the pre- 270 00:12:16,549 --> 00:12:18,600 construction process 271 00:12:18,600 --> 00:12:22,389 eliminate some inefficiencies and we can we'll talk about 272 00:12:22,389 --> 00:12:23,679 specifically how we 273 00:12:23,679 --> 00:12:30,039 will be doing that but this is one that's those are the two 274 00:12:30,039 --> 00:12:31,200 main aims of 275 00:12:31,200 --> 00:12:38,240 this initiative. If you can see that this is an outline of 276 00:12:38,240 --> 00:12:40,679 our current process. The 277 00:12:40,679 --> 00:12:46,240 process from starting at final plan approval at the P&Z 278 00:12:46,240 --> 00:12:49,360 meeting until a 279 00:12:49,360 --> 00:12:52,210 project gets into construction both on the public 280 00:12:52,210 --> 00:12:53,960 improvements and the private 281 00:12:53,960 --> 00:12:58,019 improvements. To kind of walk you through this what our 282 00:12:58,019 --> 00:13:00,559 practice has been is that 283 00:13:00,559 --> 00:13:04,159 you can see after the final plan is approved by P&Z. Jim I 284 00:13:04,159 --> 00:13:04,919 need to interrupt. 285 00:13:04,919 --> 00:13:10,120 Will you put the PowerPoint in presentation mode for the 286 00:13:10,120 --> 00:13:13,000 team? I may need a hand on that. 287 00:13:13,000 --> 00:13:20,389 Okay. Katie's coming to help. Glad to. Thank you. Yes much 288 00:13:20,389 --> 00:13:23,240 better. Thank you. 289 00:13:25,840 --> 00:13:29,090 Basically after the final plan is approved by planning and 290 00:13:29,090 --> 00:13:30,639 zoning see the 291 00:13:30,639 --> 00:13:35,909 next step is the three-way contract execution and again as 292 00:13:35,909 --> 00:13:37,120 I said that is a 293 00:13:37,120 --> 00:13:43,100 that is a standard form that the city has been using for I 294 00:13:43,100 --> 00:13:44,679 understand we 295 00:13:44,679 --> 00:13:51,070 started using it it's something like 1987 and basically it 296 00:13:51,070 --> 00:13:52,919 is between the 297 00:13:52,919 --> 00:13:57,340 city the developer and the contractor it requires the 298 00:13:57,340 --> 00:13:58,879 developer and the 299 00:13:58,879 --> 00:14:02,250 contractor to build the public improvements associated with 300 00:14:02,250 --> 00:14:02,799 the private 301 00:14:02,799 --> 00:14:05,549 development project by public improvements I mean public 302 00:14:05,549 --> 00:14:06,159 water mains 303 00:14:06,159 --> 00:14:10,970 sewer mains public streets public drainage facilities 304 00:14:10,970 --> 00:14:12,480 requires that they 305 00:14:12,480 --> 00:14:18,289 build those to the requirements of the approved plans it 306 00:14:18,289 --> 00:14:19,759 gives us the right to 307 00:14:19,759 --> 00:14:24,570 inspect that construction it requires that the work to be 308 00:14:24,570 --> 00:14:26,120 bonded performance 309 00:14:26,120 --> 00:14:31,090 bond and typically if it meets a certain threshold payment 310 00:14:31,090 --> 00:14:33,480 bond as well and it 311 00:14:33,480 --> 00:14:38,129 also establishes the two-year warranty period the city has 312 00:14:38,129 --> 00:14:39,600 that begins at the 313 00:14:39,600 --> 00:14:45,899 point at which we accept the public improvements typically 314 00:14:45,899 --> 00:14:48,159 the process 315 00:14:48,159 --> 00:14:53,769 between a plant getting approved and the developer entering 316 00:14:53,769 --> 00:14:55,279 into this contract 317 00:14:55,279 --> 00:15:00,649 with a contractor getting it submitted to the city with all 318 00:15:00,649 --> 00:15:01,840 the required bonding 319 00:15:01,840 --> 00:15:05,600 and insurance requirements and getting it reviewed and 320 00:15:05,600 --> 00:15:07,000 approved by the city 321 00:15:07,000 --> 00:15:12,200 fully executed by the parties here at the city who have to 322 00:15:12,200 --> 00:15:14,080 sign off we find at 323 00:15:14,080 --> 00:15:18,370 a minimum that typically takes six weeks we unfortunately 324 00:15:18,370 --> 00:15:19,679 had many examples in 325 00:15:19,679 --> 00:15:27,629 which that six weeks has been exceeded and that's typically 326 00:15:27,629 --> 00:15:28,559 a point of 327 00:15:28,559 --> 00:15:32,570 consternation on a project for a developer who's anxious to 328 00:15:32,570 --> 00:15:33,440 get going on 329 00:15:33,440 --> 00:15:36,639 the project or at the very least get their final plat filed 330 00:15:36,639 --> 00:15:38,220 oftentimes we 331 00:15:38,220 --> 00:15:42,799 understand that they're the filing of the final plat is a 332 00:15:42,799 --> 00:15:43,879 is a significant or 333 00:15:43,879 --> 00:15:49,000 required milestone to be reached in order to get financing 334 00:15:49,000 --> 00:15:50,639 for their project 335 00:15:50,639 --> 00:15:55,450 so basically we face this long step right now as you can 336 00:15:55,450 --> 00:15:56,840 see on here from 337 00:15:56,840 --> 00:16:01,159 approval to execution of the three-way contracts after that 338 00:16:01,159 --> 00:16:02,679 you can see in the 339 00:16:02,679 --> 00:16:08,399 the steps below that once those are executed we can have 340 00:16:08,399 --> 00:16:09,720 our pre-construction 341 00:16:09,720 --> 00:16:17,129 meeting the plat can be filed parallel to that we've got 342 00:16:17,129 --> 00:16:18,919 the HHA listed here 343 00:16:18,919 --> 00:16:24,480 that's the hold harmless agreement for projects other than 344 00:16:24,480 --> 00:16:25,240 single-family 345 00:16:25,240 --> 00:16:31,799 residential let me back up our code stipulates that no 346 00:16:31,799 --> 00:16:33,000 private improvements 347 00:16:33,000 --> 00:16:37,230 may be started in terms of construction until the public 348 00:16:37,230 --> 00:16:39,080 improvements have been 349 00:16:39,080 --> 00:16:42,600 constructed and accepted now that's no big deal for a 350 00:16:42,600 --> 00:16:44,399 residential subdivision 351 00:16:44,399 --> 00:16:47,240 for single-family but for anything else multifamily 352 00:16:47,240 --> 00:16:48,879 commercial industrial 353 00:16:48,879 --> 00:16:53,690 that's almost always the applicants will seek a way in 354 00:16:53,690 --> 00:16:55,919 which they can run those 355 00:16:55,919 --> 00:17:02,240 two construction tasks concurrently our code does allow for 356 00:17:02,240 --> 00:17:03,480 that provided that 357 00:17:03,480 --> 00:17:09,039 the applicant enters into a hold harmless agreement we 358 00:17:09,039 --> 00:17:10,200 issue that 359 00:17:10,200 --> 00:17:13,440 following the execution of the three-way contract and then 360 00:17:13,440 --> 00:17:14,559 the applicant will 361 00:17:14,559 --> 00:17:17,589 sign that and record it at the county so the bottom line 362 00:17:17,589 --> 00:17:18,920 here is after we've had 363 00:17:18,920 --> 00:17:22,160 the pre-construction meeting the plaque can be filed which 364 00:17:22,160 --> 00:17:23,279 handles the public 365 00:17:23,279 --> 00:17:26,240 improvements the hold harmless is executed which would 366 00:17:26,240 --> 00:17:27,839 address the private 367 00:17:27,839 --> 00:17:32,420 improvements the building permit can be issued the site 368 00:17:32,420 --> 00:17:34,039 permit to building 369 00:17:34,039 --> 00:17:38,559 permit whatever pertains to the public private improvements 370 00:17:38,559 --> 00:17:39,960 what we're trying 371 00:17:39,960 --> 00:17:46,029 to do what we're proposing after much discussion internally 372 00:17:46,029 --> 00:17:46,799 and a lot of 373 00:17:46,799 --> 00:17:51,170 thought and energy put into it and research we're trying to 374 00:17:51,170 --> 00:17:52,079 get it to where 375 00:17:52,079 --> 00:17:56,890 we can break out the filing of the final plat much sooner 376 00:17:56,890 --> 00:17:58,599 and what we thought 377 00:17:58,599 --> 00:18:02,089 might help facilitate that is basically breaking the 378 00:18:02,089 --> 00:18:03,400 agreement into two 379 00:18:03,400 --> 00:18:06,529 agreements so now instead of a three-way agreement we've 380 00:18:06,529 --> 00:18:07,480 got two two-way 381 00:18:07,480 --> 00:18:11,849 agreements the first being between the city and the 382 00:18:11,849 --> 00:18:14,519 developer I'll get into the 383 00:18:14,519 --> 00:18:18,809 particulars of the major terms of these here next but 384 00:18:18,809 --> 00:18:20,599 basically once that 385 00:18:20,599 --> 00:18:24,009 agreement was signed that would facilitate the plant being 386 00:18:24,009 --> 00:18:24,400 filed 387 00:18:24,400 --> 00:18:29,279 following that which I brought my pointer I'm sorry but 388 00:18:29,279 --> 00:18:32,960 following that the 389 00:18:32,960 --> 00:18:37,920 two-way agreement between the city and the contractor could 390 00:18:37,920 --> 00:18:39,240 be executed and 391 00:18:39,240 --> 00:18:44,069 that's unlike our current process that can be done at the 392 00:18:44,069 --> 00:18:45,400 leisure of the 393 00:18:45,400 --> 00:18:48,829 developer really sometimes they are not in a hurry 394 00:18:48,829 --> 00:18:50,000 necessarily to get the 395 00:18:50,000 --> 00:18:52,950 project under construction or enter a contract with a 396 00:18:52,950 --> 00:18:54,319 contractor but they are 397 00:18:54,319 --> 00:18:57,000 in a hurry to get the plat filed this separates the two and 398 00:18:57,000 --> 00:18:57,640 gives them some 399 00:18:57,640 --> 00:19:03,210 flexibility following that we would we would have the pre- 400 00:19:03,210 --> 00:19:04,279 construction meeting 401 00:19:04,279 --> 00:19:07,440 and the permit could be issued because I should have 402 00:19:07,440 --> 00:19:09,000 mentioned in that first 403 00:19:09,000 --> 00:19:12,500 two-way agreement we would fold in the current hold 404 00:19:12,500 --> 00:19:17,240 harmless language and I'll 405 00:19:17,240 --> 00:19:22,789 explain more about the whole harmless agreement basically 406 00:19:22,789 --> 00:19:26,400 that states that the 407 00:19:26,400 --> 00:19:30,529 developer signs the whole harmless agreement and in that 408 00:19:30,529 --> 00:19:31,519 they acknowledge 409 00:19:31,519 --> 00:19:36,950 that they are allowed by the city to commence their private 410 00:19:36,950 --> 00:19:38,359 improvements 411 00:19:38,359 --> 00:19:43,240 before their public improvements are complete but that they 412 00:19:43,240 --> 00:19:44,160 will not be 413 00:19:44,160 --> 00:19:47,480 issued a certificate occupancy until the public 414 00:19:47,480 --> 00:19:49,599 improvements are complete and 415 00:19:49,599 --> 00:19:56,369 they will hold us harmless if we put a stop on them in that 416 00:19:56,369 --> 00:19:58,240 way. One thing I 417 00:19:58,240 --> 00:20:01,759 should mention is this would be we would also propose 418 00:20:01,759 --> 00:20:03,359 adding a standard note to 419 00:20:03,359 --> 00:20:07,440 plats going forward in conjunction with this. It'd be on 420 00:20:07,440 --> 00:20:09,000 the face of the plat and 421 00:20:09,000 --> 00:20:14,509 we would clarify that no lots shall be sold no construction 422 00:20:14,509 --> 00:20:15,559 of private 423 00:20:15,559 --> 00:20:18,269 improvements shall be authorized to begin until a two-way 424 00:20:18,269 --> 00:20:19,200 agreement between 425 00:20:19,200 --> 00:20:21,730 the contractor in the city that's the latter two-way 426 00:20:21,730 --> 00:20:22,599 agreement is fully 427 00:20:22,599 --> 00:20:25,549 executed which would legally bind the contractor to 428 00:20:25,549 --> 00:20:27,079 construction of all public 429 00:20:27,079 --> 00:20:34,009 improvements associated with the plat. That way no one 430 00:20:34,009 --> 00:20:36,160 would that way it would 431 00:20:36,160 --> 00:20:41,140 be made clear that there may be public improvements that 432 00:20:41,140 --> 00:20:42,359 have yet to be 433 00:20:42,359 --> 00:20:47,250 constructed despite the plat being filed so everyone is 434 00:20:47,250 --> 00:20:49,759 sort of on notice. Getting 435 00:20:49,759 --> 00:20:52,930 into the first of the two-way agreements that I mentioned 436 00:20:52,930 --> 00:20:55,839 the major terms there 437 00:20:55,839 --> 00:21:00,150 would be a performance bond included as an attachment that 438 00:21:00,150 --> 00:21:01,480 would be a performance 439 00:21:01,480 --> 00:21:06,720 bond between the developer and or in the name of the 440 00:21:06,720 --> 00:21:11,400 developer. In practice it 441 00:21:11,400 --> 00:21:15,420 would basically bind in the performance bond it requires 442 00:21:15,420 --> 00:21:17,039 that they have to get a 443 00:21:17,039 --> 00:21:22,380 surety bond that they will construct the work in the three- 444 00:21:22,380 --> 00:21:23,079 way contract or the 445 00:21:23,079 --> 00:21:29,710 development contracts. It binds them to performing that. In 446 00:21:29,710 --> 00:21:32,279 the past we have been 447 00:21:32,279 --> 00:21:37,480 it's the typically the contractor that acquires those bonds 448 00:21:37,480 --> 00:21:39,400 but you know 449 00:21:39,400 --> 00:21:45,960 interestingly we found in the Texas local government code 450 00:21:45,960 --> 00:21:48,200 it does state 451 00:21:48,200 --> 00:21:55,160 actually section 212.073 it says the developer must execute 452 00:21:55,160 --> 00:21:56,079 a performance bond 453 00:21:56,079 --> 00:21:58,609 for the construction of the improvements to ensure 454 00:21:58,609 --> 00:22:04,440 completion of the project. A 455 00:22:04,440 --> 00:22:08,680 weakness of the current three-way contract document form is 456 00:22:08,680 --> 00:22:09,559 that it binds 457 00:22:09,559 --> 00:22:14,210 the contractor to completing the work but it does not bind 458 00:22:14,210 --> 00:22:16,039 the developer so if 459 00:22:16,039 --> 00:22:19,839 you have the case of a contractor who's installing say a 460 00:22:19,839 --> 00:22:21,160 new street or a new 461 00:22:21,160 --> 00:22:26,759 turn lane or something and halfway through halfway through 462 00:22:26,759 --> 00:22:28,279 the job his 463 00:22:28,279 --> 00:22:33,930 developer his his client stops paying him we have we 464 00:22:33,930 --> 00:22:36,519 currently don't have a 465 00:22:36,519 --> 00:22:40,539 recourse to go after the developer. This change would 466 00:22:40,539 --> 00:22:45,880 address that. Now also 467 00:22:45,880 --> 00:22:51,319 we would also require a three-way or excuse me a 468 00:22:51,319 --> 00:22:55,160 performance bond sorry. 469 00:22:59,279 --> 00:23:03,240 I think you can use the up and down arrows. 470 00:23:06,799 --> 00:23:11,519 We would also require a performance bond. 471 00:23:16,720 --> 00:23:21,480 With the city and contractor agreement. 472 00:23:31,799 --> 00:23:31,930 So there would still be a performance bond on the 473 00:23:31,930 --> 00:23:35,920 contractor in this in this 474 00:23:35,920 --> 00:23:39,470 latter agreement and all the other terms of our current 475 00:23:39,470 --> 00:23:41,160 through a contract would 476 00:23:41,160 --> 00:23:41,160 apply payment bonds insurance certificate conformance to 477 00:23:41,160 --> 00:23:45,160 the plans 478 00:23:45,160 --> 00:23:48,230 our right to inspect the warranty period and so forth. Main 479 00:23:48,230 --> 00:23:49,200 difference is the 480 00:23:49,200 --> 00:23:54,990 developer would no longer be named in this agreement. We 481 00:23:54,990 --> 00:23:57,920 believe this would 482 00:23:57,920 --> 00:24:01,349 help improve the process just kind of to summarize again it 483 00:24:01,349 --> 00:24:02,720 would allow the plat 484 00:24:02,720 --> 00:24:07,019 to be filed several weeks earlier which I think would be 485 00:24:07,019 --> 00:24:08,559 from what we hear would 486 00:24:08,559 --> 00:24:11,980 be beneficial to a lot of developers. It would also allow 487 00:24:11,980 --> 00:24:13,119 the plat to be filed 488 00:24:13,119 --> 00:24:16,099 without the developer having to enter into a contract with 489 00:24:16,099 --> 00:24:17,160 the contractor. I 490 00:24:17,160 --> 00:24:22,720 believe plat's expire two years after plat a P&Z approval 491 00:24:22,720 --> 00:24:23,279 if there's no 492 00:24:23,279 --> 00:24:27,069 three-way contract so there would still be that provision 493 00:24:27,069 --> 00:24:28,240 but if the developer 494 00:24:28,240 --> 00:24:34,390 wanted some time between plat filing and entering a 495 00:24:34,390 --> 00:24:35,680 contract with a 496 00:24:35,680 --> 00:24:38,630 contractor this would facilitate that. This would also 497 00:24:38,630 --> 00:24:39,839 eliminate the separate 498 00:24:39,839 --> 00:24:42,789 whole harmless agreement being that again that language 499 00:24:42,789 --> 00:24:44,160 would be folded into the 500 00:24:44,160 --> 00:24:46,869 first of the two-way agreements here the thought being it 501 00:24:46,869 --> 00:24:47,839 would simplify the 502 00:24:47,839 --> 00:24:56,730 process. I would be happy to answer any questions at this 503 00:24:56,730 --> 00:24:57,440 time. 504 00:24:59,319 --> 00:25:04,130 Commissioner Roselle. Thanks chair. Thank you for the 505 00:25:04,130 --> 00:25:05,000 presentation. I have a couple 506 00:25:05,000 --> 00:25:08,680 questions. You mentioned that y'all the staff had spoke 507 00:25:08,680 --> 00:25:09,680 internally about this 508 00:25:09,680 --> 00:25:14,799 was there outside council brought in from like developers 509 00:25:14,799 --> 00:25:16,559 about this process? 510 00:25:16,559 --> 00:25:21,250 We've had some input from one. Okay. We've also talked to a 511 00:25:21,250 --> 00:25:23,599 shorty. Okay. And 512 00:25:23,599 --> 00:25:30,779 they we've but the the party who who did give input we made 513 00:25:30,779 --> 00:25:31,880 aware of the public 514 00:25:31,880 --> 00:25:35,000 hearing tonight and at the upcoming City Council meeting 515 00:25:35,000 --> 00:25:37,079 and invited them to give 516 00:25:37,079 --> 00:25:39,950 input. Oftentimes when there's changes like this we hear 517 00:25:39,950 --> 00:25:40,880 comparisons to other 518 00:25:40,880 --> 00:25:43,680 municipalities local to our area. I consider a lot of 519 00:25:43,680 --> 00:25:44,920 developers cross city 520 00:25:44,920 --> 00:25:47,930 lines it seems to make sense to align the process so that 521 00:25:47,930 --> 00:25:48,759 developers in 522 00:25:48,759 --> 00:25:52,309 Louisville could come to Denton and have similar kind of 523 00:25:52,309 --> 00:25:54,200 processes. Are other 524 00:25:54,200 --> 00:25:57,890 cities doing a double two-way agreement with contractors 525 00:25:57,890 --> 00:25:58,839 and developers is this 526 00:25:58,839 --> 00:26:01,829 kind of standard or how does this compare to other 527 00:26:01,829 --> 00:26:05,599 processes? Sure. 528 00:26:07,079 --> 00:26:12,119 Hi how are you? Good. Good evening commissioners. Wanted to 529 00:26:12,119 --> 00:26:13,039 give you some 530 00:26:13,039 --> 00:26:16,130 background or the history behind these three ways and why 531 00:26:16,130 --> 00:26:17,160 we are where we are 532 00:26:17,160 --> 00:26:19,839 this evening. It's actually a very exciting moment for us. 533 00:26:19,839 --> 00:26:21,279 We have been 534 00:26:21,279 --> 00:26:24,789 analyzing for a couple of years now where the discrepancies 535 00:26:24,789 --> 00:26:25,200 or the 536 00:26:25,200 --> 00:26:29,059 deficiencies do lie in our development code where it hind 537 00:26:29,059 --> 00:26:30,440 ers the ability for 538 00:26:30,440 --> 00:26:33,619 applicants to continue to proceed with their processes. So 539 00:26:33,619 --> 00:26:34,359 when I talk about 540 00:26:34,359 --> 00:26:37,039 processes I'm referring to their applications or their 541 00:26:37,039 --> 00:26:37,480 specific 542 00:26:37,480 --> 00:26:40,680 applications. We have a myriad of applications in the 543 00:26:40,680 --> 00:26:41,839 system from planning 544 00:26:41,839 --> 00:26:45,230 to site plan approval to civil engineering or construction 545 00:26:45,230 --> 00:26:46,039 engineering 546 00:26:46,039 --> 00:26:49,230 plans and what have you. One of the things that we 547 00:26:49,230 --> 00:26:51,200 highlighted in March was 548 00:26:51,200 --> 00:26:56,599 the fact that there was a lot of redundancy and time wasted 549 00:26:56,599 --> 00:26:56,720 or a 550 00:26:56,720 --> 00:27:02,230 time wastage component associated with requiring the three- 551 00:27:02,230 --> 00:27:03,319 way agreement to be 552 00:27:03,319 --> 00:27:06,000 clumped together the way it is because what was happening 553 00:27:06,000 --> 00:27:06,880 is when you have an 554 00:27:06,880 --> 00:27:09,289 applicant who says I think this is what I'm going to do so 555 00:27:09,289 --> 00:27:10,240 I'm going to put all 556 00:27:10,240 --> 00:27:13,519 my paper in order right I'm going to have all my drawings 557 00:27:13,519 --> 00:27:15,079 in order but I'm 558 00:27:15,079 --> 00:27:18,220 not ready to execute and actually go to the to the next 559 00:27:18,220 --> 00:27:19,759 level of actually doing 560 00:27:19,759 --> 00:27:23,230 flat work perhaps or going vertical but I am ready to start 561 00:27:23,230 --> 00:27:24,119 looking at my 562 00:27:24,119 --> 00:27:27,849 opportunities and start project planning my program this 563 00:27:27,849 --> 00:27:29,119 gives them the ability 564 00:27:29,119 --> 00:27:32,150 to say we will allow you to move forward because they might 565 00:27:32,150 --> 00:27:32,880 not have that 566 00:27:32,880 --> 00:27:36,109 contractor in line at that time so the burden of the onus 567 00:27:36,109 --> 00:27:37,039 falls upon the 568 00:27:37,039 --> 00:27:40,049 applicant or developer rather in this case to go ahead and 569 00:27:40,049 --> 00:27:41,039 say I need to find 570 00:27:41,039 --> 00:27:43,720 a contractor I need to make sure all the bonding is in 571 00:27:43,720 --> 00:27:45,759 place at that time. In the 572 00:27:45,759 --> 00:27:48,289 meantime while that developer is doing that guess what we 573 00:27:48,289 --> 00:27:48,960 still haven't 574 00:27:48,960 --> 00:27:51,480 executed their plat and nor have we filed their plat for 575 00:27:51,480 --> 00:27:52,480 record for them so 576 00:27:52,480 --> 00:27:55,160 they're just sitting there so this could impact their 577 00:27:55,160 --> 00:27:56,599 financial obligations 578 00:27:56,599 --> 00:27:59,400 would they be still paying for this property as they're 579 00:27:59,400 --> 00:28:01,079 moving forward so 580 00:28:01,079 --> 00:28:04,720 that's one disconnect secondly that glut of the three-way 581 00:28:04,720 --> 00:28:05,559 agreement and the 582 00:28:05,559 --> 00:28:08,740 review of it falls on the DRC engineering reviewers at that 583 00:28:08,740 --> 00:28:09,039 time 584 00:28:09,039 --> 00:28:12,119 however it's actually a two-part step where you have the 585 00:28:12,119 --> 00:28:13,240 initial agreement 586 00:28:13,240 --> 00:28:15,759 which is the first two way that Jim was trying to explain 587 00:28:15,759 --> 00:28:16,400 and he was very 588 00:28:16,400 --> 00:28:19,450 eloquent in that and the second step is when it comes to I 589 00:28:19,450 --> 00:28:21,039 'm ready to actually do 590 00:28:21,039 --> 00:28:24,160 something so I have my contractors in place let's move on 591 00:28:24,160 --> 00:28:25,079 it now and that's 592 00:28:25,079 --> 00:28:27,759 more of a public works function and that's where that 593 00:28:27,759 --> 00:28:28,799 review would occur so 594 00:28:28,799 --> 00:28:31,490 what have we done we've actually saved in essence to some 595 00:28:31,490 --> 00:28:32,759 degree weeks of timing 596 00:28:32,759 --> 00:28:35,710 or you've actually saved financial obligation on the 597 00:28:35,710 --> 00:28:37,400 developer that is the 598 00:28:37,400 --> 00:28:40,930 intent so when you talk about why did did we then benchmark 599 00:28:40,930 --> 00:28:42,039 this process did 600 00:28:42,039 --> 00:28:44,920 we look at other communities absolutely we did we sat with 601 00:28:44,920 --> 00:28:45,759 the city manager's 602 00:28:45,759 --> 00:28:48,440 office and looked at these examples and ideas to see what 603 00:28:48,440 --> 00:28:49,440 other communities do 604 00:28:49,440 --> 00:28:52,410 some are more like some are more strict we use the larger 605 00:28:52,410 --> 00:28:53,480 communities we looked 606 00:28:53,480 --> 00:28:55,549 at the smaller communities as well and try to figure out 607 00:28:55,549 --> 00:28:56,319 what is best for us 608 00:28:56,319 --> 00:28:58,839 how do we address this but again we also have to stay in 609 00:28:58,839 --> 00:28:59,799 the parameters of the 610 00:28:59,799 --> 00:29:03,009 local government code which provides that that burden of 611 00:29:03,009 --> 00:29:03,880 proof on on the 612 00:29:03,880 --> 00:29:09,079 developer as it relates to is this a large DDC amendment 613 00:29:09,079 --> 00:29:10,799 and does it warrant 614 00:29:10,799 --> 00:29:14,049 us to go and pull the community I wouldn't disagree with 615 00:29:14,049 --> 00:29:14,680 you or the 616 00:29:14,680 --> 00:29:17,200 development community I wouldn't disagree with you it would 617 00:29:17,200 --> 00:29:17,799 not but we 618 00:29:17,799 --> 00:29:20,319 also find that this is one of the quick fixes that we can 619 00:29:20,319 --> 00:29:21,079 implement quickly and 620 00:29:21,079 --> 00:29:23,769 keep moving so that we don't have further redundancy and 621 00:29:23,769 --> 00:29:24,519 how in what we're 622 00:29:24,519 --> 00:29:28,150 doing so it's actually a process improvement and it should 623 00:29:28,150 --> 00:29:29,319 not cause undue 624 00:29:29,319 --> 00:29:33,339 burden I will use a name here Lee Allison has been 625 00:29:33,339 --> 00:29:35,279 instrumental not just as 626 00:29:35,279 --> 00:29:38,269 representative of DCDA but also you know he's provided some 627 00:29:38,269 --> 00:29:39,200 insight and he may 628 00:29:39,200 --> 00:29:41,430 have comment today I'm sure he will have comment today at 629 00:29:41,430 --> 00:29:42,480 the public hearing and 630 00:29:42,480 --> 00:29:45,549 I'd like to take that in but I really don't want to pause 631 00:29:45,549 --> 00:29:46,759 this process unless 632 00:29:46,759 --> 00:29:49,509 it's absolutely necessary it is scheduled for council on 633 00:29:49,509 --> 00:29:51,140 October 17th if 634 00:29:51,140 --> 00:29:53,960 I'm not mistaken and that will give us a good opportunity 635 00:29:53,960 --> 00:29:54,960 in a window to maybe 636 00:29:54,960 --> 00:29:57,910 take in more comments if we need to or maybe tweak or 637 00:29:57,910 --> 00:29:59,640 adjust but this this 638 00:29:59,640 --> 00:30:03,740 basic framework that we're proposing to you really does add 639 00:30:03,740 --> 00:30:04,640 value to our 640 00:30:04,640 --> 00:30:08,319 development community both large and small thank you Manal 641 00:30:08,319 --> 00:30:09,079 and one more 642 00:30:09,079 --> 00:30:12,910 question maybe for legal is what is PNC's responsibility to 643 00:30:12,910 --> 00:30:13,559 understand these 644 00:30:13,559 --> 00:30:17,079 agreements are we just approving that the function is going 645 00:30:17,079 --> 00:30:17,779 from a three-way to a 646 00:30:17,779 --> 00:30:22,480 two-way or should we as a body be looking at this agreement 647 00:30:22,480 --> 00:30:24,019 more in detail 648 00:30:24,019 --> 00:30:26,980 because we looked over the major terms but is it our 649 00:30:26,980 --> 00:30:28,839 responsibility to approve 650 00:30:28,839 --> 00:30:32,400 the minutiae as well no which you're approving is actually 651 00:30:32,400 --> 00:30:32,799 in front of you 652 00:30:32,799 --> 00:30:35,839 tonight it was handed out to you and it's just going to be 653 00:30:35,839 --> 00:30:36,319 a couple of 654 00:30:36,319 --> 00:30:40,859 surgical changes within the DDC as to what agreements are 655 00:30:40,859 --> 00:30:43,160 required where there 656 00:30:43,160 --> 00:30:46,450 will be more detail probably in the construction criteria 657 00:30:46,450 --> 00:30:47,359 manual which is 658 00:30:47,359 --> 00:30:51,960 currently as you know being amended right so you'll get 659 00:30:51,960 --> 00:30:53,759 some more information 660 00:30:53,759 --> 00:30:57,049 that way but the actual agreements themselves you really 661 00:30:57,049 --> 00:30:57,359 have no 662 00:30:57,359 --> 00:31:00,519 jurisdiction over but you have jurisdiction over the DDC so 663 00:31:00,519 --> 00:31:01,180 that's why 664 00:31:01,180 --> 00:31:03,849 we have to have a public hearing today in order because it 665 00:31:03,849 --> 00:31:04,519 's a dual public 666 00:31:04,519 --> 00:31:08,250 hearing process in order to amend the DDC for our new 667 00:31:08,250 --> 00:31:10,220 people so that's why 668 00:31:10,220 --> 00:31:12,990 we're here today but it also in response to what you were 669 00:31:12,990 --> 00:31:13,880 saying when we were 670 00:31:13,880 --> 00:31:16,720 looking at other communities and we sort of did do a 671 00:31:16,720 --> 00:31:19,240 benchmark process and 672 00:31:19,240 --> 00:31:22,920 Manal is correct a lot of them were either more strict or 673 00:31:22,920 --> 00:31:24,599 more relaxed but 674 00:31:24,599 --> 00:31:28,519 this was a way in order for us to comply with both the 675 00:31:28,519 --> 00:31:30,680 local government code for 676 00:31:30,680 --> 00:31:34,000 the subdivision regulations and also the government code 677 00:31:34,000 --> 00:31:35,160 which is for public 678 00:31:35,160 --> 00:31:38,589 infrastructure and that requires the performance and 679 00:31:38,589 --> 00:31:39,460 payment bonds with the 680 00:31:39,460 --> 00:31:43,130 contractor and whereas the local government code requires 681 00:31:43,130 --> 00:31:43,839 the performance 682 00:31:43,839 --> 00:31:46,650 bond with the developer and so we just came up with this 683 00:31:46,650 --> 00:31:47,759 process in order to 684 00:31:47,759 --> 00:31:51,789 streamline it so we think this is the best that we could do 685 00:31:51,789 --> 00:31:53,279 for Denton given 686 00:31:53,279 --> 00:31:56,039 the background that we have in the current codes we have in 687 00:31:56,039 --> 00:31:56,799 place and the 688 00:31:56,799 --> 00:32:00,920 state of the law and clearly we were missing that in our 689 00:32:00,920 --> 00:32:01,920 three-way agreement 690 00:32:01,920 --> 00:32:06,519 it wasn't in compliance with statute so I think this is a 691 00:32:06,519 --> 00:32:08,759 good fix in my opinion 692 00:32:08,759 --> 00:32:12,730 it's on the heels of we want to actually be in line or in 693 00:32:12,730 --> 00:32:14,680 line with the criteria 694 00:32:14,680 --> 00:32:16,640 manuals that Jennifer is talking about so that we can 695 00:32:16,640 --> 00:32:17,759 incorporate everything in 696 00:32:17,759 --> 00:32:20,710 one time so timing is of the essence and we do not want to 697 00:32:20,710 --> 00:32:22,079 compromise anybody's 698 00:32:22,079 --> 00:32:24,609 ability to respond to any this we do have about a month 699 00:32:24,609 --> 00:32:25,759 window now perfect 700 00:32:25,759 --> 00:32:30,039 thank you Commissioner Smith Commissioner Roselle asked a 701 00:32:30,039 --> 00:32:30,640 lot of the questions 702 00:32:30,640 --> 00:32:33,420 that I was going to ask but just a clarification I think I 703 00:32:33,420 --> 00:32:34,160 was writing a 704 00:32:34,160 --> 00:32:38,190 note when you said it the there is a failsafe for timing 705 00:32:38,190 --> 00:32:39,480 out process correct 706 00:32:39,480 --> 00:32:42,009 if they get if they get their plotting and the time between 707 00:32:42,009 --> 00:32:42,480 getting the 708 00:32:42,480 --> 00:32:44,430 plotting and then having the contractor get the second two- 709 00:32:44,430 --> 00:32:45,559 way agreement if that 710 00:32:45,559 --> 00:32:47,839 goes too long the plot will fall apart correct is that what 711 00:32:47,839 --> 00:32:48,519 I've there is a 712 00:32:48,519 --> 00:32:50,730 plat note so they wouldn't be able to proceed they wouldn't 713 00:32:50,730 --> 00:32:51,359 even get their 714 00:32:51,359 --> 00:32:55,049 building permits to move forward okay so I want to know 715 00:32:55,049 --> 00:32:58,000 thank you thank you I have 716 00:32:58,000 --> 00:33:01,109 a couple questions I may have missed it I think I was 717 00:33:01,109 --> 00:33:02,819 reading when the 718 00:33:02,819 --> 00:33:07,089 contractor signs their two-way whose bonding takes over at 719 00:33:07,089 --> 00:33:08,400 that as a time as 720 00:33:08,400 --> 00:33:11,599 the contractors bonding or is the developer bonding still 721 00:33:11,599 --> 00:33:12,920 in place I 722 00:33:12,920 --> 00:33:16,339 believe if I'm not mistaken it would be contractor bonding 723 00:33:16,339 --> 00:33:17,480 but you would have a 724 00:33:17,480 --> 00:33:20,009 signature block for the developer for the contractor to 725 00:33:20,009 --> 00:33:20,920 maintain his contract 726 00:33:20,920 --> 00:33:25,000 with the developer but that two-way with the part with that 727 00:33:25,000 --> 00:33:26,279 that two-way agreement 728 00:33:26,279 --> 00:33:31,240 would be contractor plus city okay because I see that as a 729 00:33:31,240 --> 00:33:32,359 possible issues 730 00:33:32,359 --> 00:33:35,119 during the construction really the contractors their 731 00:33:35,119 --> 00:33:36,119 bonding is one that 732 00:33:36,119 --> 00:33:42,400 needs to stand behind the performance and payment typically 733 00:33:42,400 --> 00:33:44,279 and then just 734 00:33:44,279 --> 00:33:46,809 thinking out loud again just kind of get my hands around 735 00:33:46,809 --> 00:33:49,279 this I don't know how 736 00:33:49,279 --> 00:33:52,490 difficult it may or may not be for developers to get 737 00:33:52,490 --> 00:33:53,599 bonding because 738 00:33:53,599 --> 00:33:56,759 typically every time we've done these in the past it's the 739 00:33:56,759 --> 00:33:57,779 contractors the 740 00:33:57,779 --> 00:34:01,690 bonding is based on their work experience their performance 741 00:34:01,690 --> 00:34:02,359 and those 742 00:34:02,359 --> 00:34:05,680 types of things and so I don't I'm not familiar with that 743 00:34:05,680 --> 00:34:07,119 versus the other 744 00:34:07,119 --> 00:34:09,650 problem actually Jim Jenks did his research in due 745 00:34:09,650 --> 00:34:10,760 diligence on that and I 746 00:34:10,760 --> 00:34:13,280 think you research that with if you want to elaborate on 747 00:34:13,280 --> 00:34:14,599 that because the expert 748 00:34:14,599 --> 00:34:20,039 on this communicate with a local surety about that and we 749 00:34:20,039 --> 00:34:21,519 we understand that in 750 00:34:21,519 --> 00:34:24,699 practice it more often it is the contractor that gets the 751 00:34:24,699 --> 00:34:25,559 bond but it's 752 00:34:25,559 --> 00:34:30,159 not uncommon for the developer to get the performance bond 753 00:34:30,159 --> 00:34:33,159 okay and like I said 754 00:34:33,159 --> 00:34:36,260 interestingly that the local government code names the 755 00:34:36,260 --> 00:34:37,559 developer as the party 756 00:34:37,559 --> 00:34:40,909 that must execute the performance bond so we've apparently 757 00:34:40,909 --> 00:34:41,559 been out of 758 00:34:41,559 --> 00:34:46,059 compliance and we're trying to rectify that and then one 759 00:34:46,059 --> 00:34:48,480 other question is I 760 00:34:48,480 --> 00:34:51,840 remember reading through when you were talking about lots 761 00:34:51,840 --> 00:34:53,639 there was a clause 762 00:34:53,639 --> 00:34:58,889 about you can't sell lots until you have I want to say the 763 00:34:58,889 --> 00:35:00,000 second the 764 00:35:00,000 --> 00:35:08,610 contractor bonding in place correct so the only question I 765 00:35:08,610 --> 00:35:09,960 would have and I 766 00:35:09,960 --> 00:35:12,639 know you all are in the early stages and this is kind of 767 00:35:12,639 --> 00:35:14,400 our first time how is 768 00:35:14,400 --> 00:35:17,880 that going to impact what we call paper lots the ability to 769 00:35:17,880 --> 00:35:18,760 sell paper lots 770 00:35:18,760 --> 00:35:22,829 where we get a piece of property get it preliminary platted 771 00:35:22,829 --> 00:35:24,159 and ready to go and 772 00:35:24,159 --> 00:35:29,079 then a third party buys that property quote-unquote 773 00:35:29,079 --> 00:35:31,800 entitled and I don't know 774 00:35:31,800 --> 00:35:37,000 how this language may or may not impact that business 775 00:35:37,000 --> 00:35:39,400 transaction so that may be 776 00:35:39,400 --> 00:35:44,329 something that needs to be discussed a little bit more and 777 00:35:44,329 --> 00:35:46,079 talk through how that 778 00:35:46,079 --> 00:35:51,840 may or may not impact that possibility and that's something 779 00:35:51,840 --> 00:35:52,679 that we can review 780 00:35:52,679 --> 00:35:55,480 that's independent of the language that's included in the 781 00:35:55,480 --> 00:35:56,079 change for 782 00:35:56,079 --> 00:36:03,400 tonight okay okay and then that and I may have missed it at 783 00:36:03,400 --> 00:36:04,760 the beginning there 784 00:36:04,760 --> 00:36:08,269 was talk about no private improvements in residential but 785 00:36:08,269 --> 00:36:09,199 you can do it in 786 00:36:09,199 --> 00:36:16,340 commercial is that changing that you can do now residential 787 00:36:16,340 --> 00:36:18,360 prior to substantial 788 00:36:18,360 --> 00:36:21,519 completion or not not for single-family residential and 789 00:36:21,519 --> 00:36:22,880 just one multifamily and 790 00:36:22,880 --> 00:36:27,239 why is that not the case why is it excluded in the others 791 00:36:27,239 --> 00:36:29,880 are permitted 792 00:36:31,000 --> 00:36:34,150 trying to recall if it's I believe we just kept it as it 793 00:36:34,150 --> 00:36:36,559 was yes yeah I believe 794 00:36:36,559 --> 00:36:39,760 it's worded that way currently in our code and there would 795 00:36:39,760 --> 00:36:40,639 be no change to 796 00:36:40,639 --> 00:36:43,360 that proposed here I understand and that's why I'm asking 797 00:36:43,360 --> 00:36:44,079 the question is I 798 00:36:44,079 --> 00:36:49,659 know in commercial and in multifamily we do phasing as to 799 00:36:49,659 --> 00:36:51,840 why there's not some 800 00:36:51,840 --> 00:36:55,750 type of a provision for that to be done in single-family 801 00:36:55,750 --> 00:36:56,840 residential that it may 802 00:36:56,840 --> 00:37:01,800 take four to six months or whatever to get a home built and 803 00:37:01,800 --> 00:37:03,239 it would be nice 804 00:37:03,239 --> 00:37:05,659 once the streets are paved and you have fire access while 805 00:37:05,659 --> 00:37:06,599 you're doing all your 806 00:37:06,599 --> 00:37:09,719 franchise utilities and other things if you can go in and 807 00:37:09,719 --> 00:37:10,960 begin building those 808 00:37:10,960 --> 00:37:14,650 homes and you have marketable homes available at 809 00:37:14,650 --> 00:37:16,599 substantial completion 810 00:37:16,599 --> 00:37:20,239 versus you have substantial completion everything's 811 00:37:20,239 --> 00:37:22,440 completely finished and then 812 00:37:22,440 --> 00:37:25,110 you're able to begin building homes but it takes four to 813 00:37:25,110 --> 00:37:26,000 six months to be able 814 00:37:26,000 --> 00:37:29,409 to get product finishes up four to six month drag there 815 00:37:29,409 --> 00:37:31,639 that's just a kind of a 816 00:37:31,639 --> 00:37:34,869 dead time and not very productive for the parties that are 817 00:37:34,869 --> 00:37:36,199 involved financially 818 00:37:36,199 --> 00:37:40,599 and maybe an opportunity for us to look at that as well 819 00:37:40,599 --> 00:37:42,039 just so that I'm clear 820 00:37:42,039 --> 00:37:46,909 and the records clear the suggestion that you're making is 821 00:37:46,909 --> 00:37:48,440 to separate the 822 00:37:48,440 --> 00:37:52,219 type of improvement like the roads have to go in but then 823 00:37:52,219 --> 00:37:53,800 while you're waiting 824 00:37:53,800 --> 00:37:58,219 for the other franchise things to go in you can start well 825 00:37:58,219 --> 00:37:59,599 it'd be similar to I 826 00:37:59,599 --> 00:38:01,559 think what you're doing in the commercial that you'd have 827 00:38:01,559 --> 00:38:02,079 to do a whole 828 00:38:02,079 --> 00:38:08,380 harmless and and then once you sign the whole harmless and 829 00:38:08,380 --> 00:38:09,559 I would assume it'd be 830 00:38:09,559 --> 00:38:13,730 similar to what we get into with commercial that you can't 831 00:38:13,730 --> 00:38:14,639 go vertical 832 00:38:14,639 --> 00:38:19,280 until you've met your fire marshal requirements of being 833 00:38:19,280 --> 00:38:19,760 able to have 834 00:38:19,760 --> 00:38:22,820 access 150 feet each way and all those types of things that 835 00:38:22,820 --> 00:38:23,679 then you would be 836 00:38:23,679 --> 00:38:29,289 allowed to begin building homes while you're in there doing 837 00:38:29,289 --> 00:38:30,519 DME at all your 838 00:38:30,519 --> 00:38:33,989 franchise utilities all your fences entryways and all those 839 00:38:33,989 --> 00:38:34,719 types of things 840 00:38:34,719 --> 00:38:37,250 it just is would be a an efficiency thing while we're 841 00:38:37,250 --> 00:38:37,719 talking about 842 00:38:37,719 --> 00:38:42,059 efficiencies that would help as well that would actually 843 00:38:42,059 --> 00:38:43,079 require a change in 844 00:38:43,079 --> 00:38:45,760 the version that you have before you tonight so you would 845 00:38:45,760 --> 00:38:46,400 have to make a 846 00:38:46,400 --> 00:38:49,780 motion to provide for that so that we can change it 847 00:38:49,780 --> 00:38:51,119 accordingly and bring it 848 00:38:51,119 --> 00:38:53,650 to council okay I was just going to point out the current 849 00:38:53,650 --> 00:38:54,760 code and and that 850 00:38:54,760 --> 00:38:59,119 we haven't changed that wording allows as many as four 851 00:38:59,119 --> 00:39:01,199 model homes to be to be 852 00:39:01,199 --> 00:39:04,989 constructed before the public improvements are accepted 853 00:39:04,989 --> 00:39:06,960 right I 854 00:39:06,960 --> 00:39:09,750 understand that that's why I was wondering if there's a way 855 00:39:09,750 --> 00:39:10,320 to look at 856 00:39:10,320 --> 00:39:13,159 because again you're you have a four to six month lag on 857 00:39:13,159 --> 00:39:14,480 marketable they're not 858 00:39:14,480 --> 00:39:17,340 going to sell the models look they're gonna keep those so 859 00:39:17,340 --> 00:39:18,239 there's a four to 860 00:39:18,239 --> 00:39:20,909 six month lag between substantial completion and then you 861 00:39:20,909 --> 00:39:21,320 're able to 862 00:39:21,320 --> 00:39:24,949 actually have a marketable product that you can sell and 863 00:39:24,949 --> 00:39:26,119 close so there's a four 864 00:39:26,119 --> 00:39:29,210 to six month lag in there that would be an opportunity to 865 00:39:29,210 --> 00:39:30,360 take a look at and see 866 00:39:30,360 --> 00:39:33,840 if there's a way to do that incorporated so those would be 867 00:39:33,840 --> 00:39:36,719 my comments I'm open 868 00:39:36,719 --> 00:39:40,440 to the idea I think it's time to update and I see a 869 00:39:40,440 --> 00:39:42,539 positive with it and a few 870 00:39:42,539 --> 00:39:46,260 questions that just are outside of my realm of expertise or 871 00:39:46,260 --> 00:39:47,320 knowledge that 872 00:39:47,320 --> 00:39:50,300 would like to get some more information on but I think it's 873 00:39:50,300 --> 00:39:51,320 on the surface it's 874 00:39:51,320 --> 00:39:57,480 a it's an improvement and a good idea thank you 875 00:39:57,480 --> 00:40:01,730 any else questions on this item I just wanted to mention as 876 00:40:01,730 --> 00:40:02,480 I was Commissioner 877 00:40:02,480 --> 00:40:08,039 Sanchez sorry I'm sorry okay just so I can say timeout for 878 00:40:08,039 --> 00:40:08,760 for those of you 879 00:40:08,760 --> 00:40:10,769 that are new on the Commission the only reason that we try 880 00:40:10,769 --> 00:40:11,599 to do introductions 881 00:40:11,599 --> 00:40:15,280 is so in the back we have these meetings are recorded and 882 00:40:15,280 --> 00:40:16,599 they do the minutes and 883 00:40:16,599 --> 00:40:19,550 so it's very helpful for staff that is recording our 884 00:40:19,550 --> 00:40:20,840 meetings to be able to 885 00:40:20,840 --> 00:40:24,559 know who says what when they're doing all the minutes back 886 00:40:24,559 --> 00:40:25,840 there so that's why I 887 00:40:25,840 --> 00:40:29,159 like to try to recognize you and if we get into crosstalk 888 00:40:29,159 --> 00:40:30,599 help me with giving 889 00:40:30,599 --> 00:40:33,599 you an opportunity to introduce so the guys in the back 890 00:40:33,599 --> 00:40:34,880 know who's talking so 891 00:40:34,880 --> 00:40:39,679 Commissioner Sanchez yes as I was listening to it and some 892 00:40:39,679 --> 00:40:39,760 of the 893 00:40:39,760 --> 00:40:43,400 experience I've seen and heard from contractors is the 894 00:40:43,400 --> 00:40:45,119 process is very time 895 00:40:45,119 --> 00:40:48,550 consuming and the idea of something like this seems to 896 00:40:48,550 --> 00:40:50,800 bring out that you are 897 00:40:50,800 --> 00:40:54,369 working towards making the process simpler and it does look 898 00:40:54,369 --> 00:40:55,239 like it's you 899 00:40:55,239 --> 00:40:59,420 know it's something to try I agree with it thank you yes 900 00:40:59,420 --> 00:41:01,039 that is a major point 901 00:41:01,039 --> 00:41:09,760 of focus for staff for sure okay thank you Jim thank you 902 00:41:09,760 --> 00:41:11,960 all 903 00:41:16,000 --> 00:41:19,900 okay with that we've kind of gone through things fairly 904 00:41:19,900 --> 00:41:21,880 quickly this 905 00:41:21,880 --> 00:41:25,090 evening that's our work session and so I will close our 906 00:41:25,090 --> 00:41:26,960 work session at 515 and 907 00:41:26,960 --> 00:41:32,179 we will reconvene in council chambers at 630 thank you 908 00:41:32,179 --> 00:41:33,079 everyone 909 00:41:45,119 --> 00:41:47,119 , thank you. 910 00:42:16,119 --> 00:42:16,219 Good evening and welcome to the city of Denton planning and 911 00:42:16,219 --> 00:42:21,559 zoning commission 912 00:42:21,559 --> 00:42:24,989 meeting for September 13th this meeting has been duly 913 00:42:24,989 --> 00:42:26,320 posted and we do have a 914 00:42:26,320 --> 00:42:30,559 quorum present and I will call us to order at 630 our first 915 00:42:30,559 --> 00:42:31,199 order of 916 00:42:31,199 --> 00:42:35,099 business will be to stand and give the pledge the US and 917 00:42:35,099 --> 00:42:36,199 the Texas flag 918 00:42:45,119 --> 00:42:50,989 one nation under God indivisible with liberty and justice 919 00:42:50,989 --> 00:42:52,119 for all. 920 00:42:52,119 --> 00:42:57,119 Honor the Texas flag and pledge allegiance to thee Texas 921 00:42:57,119 --> 00:43:02,119 one state under God one indivisible. 922 00:43:11,119 --> 00:43:15,489 As chair I'm going to take a moment and go off agenda we 923 00:43:15,489 --> 00:43:16,559 have two new 924 00:43:16,559 --> 00:43:20,349 commissioners with us tonight and I would like to welcome 925 00:43:20,349 --> 00:43:21,719 mr. Alfred Sanchez 926 00:43:21,719 --> 00:43:25,920 to our Commission thank you for agreeing to serve and also 927 00:43:25,920 --> 00:43:27,519 mr. Tim Smith and 928 00:43:27,519 --> 00:43:30,670 appreciate you being willing to service well Tim welcome to 929 00:43:30,670 --> 00:43:33,639 our Commission the 930 00:43:33,639 --> 00:43:38,039 next item on our agenda will be our consent agenda 931 00:43:38,559 --> 00:43:42,559 Commissioner Roselle I motion to approve the consent agenda 932 00:43:42,559 --> 00:43:44,000 okay the chair would 933 00:43:44,000 --> 00:43:46,840 entertain a second 934 00:43:48,519 --> 00:43:53,719 Commissioner Smith a second to accept okay we have a first 935 00:43:53,719 --> 00:43:54,960 and a second for 936 00:43:54,960 --> 00:44:01,989 approval any discussion seeing none we will call for a vote 937 00:44:01,989 --> 00:44:04,480 on the board 938 00:44:08,559 --> 00:44:27,739 motion carries four to zero we'll make an announcement for 939 00:44:27,739 --> 00:44:29,519 some of you all we'll 940 00:44:29,519 --> 00:44:33,369 draw your attention that we do have two items on our public 941 00:44:33,369 --> 00:44:35,519 hearing tonight that 942 00:44:35,519 --> 00:44:42,320 have been postponed that is item C that is going to be the 943 00:44:42,320 --> 00:44:44,880 3.2 acres that there 944 00:44:44,880 --> 00:44:49,329 are in our six to NRM you which is Z 17 - zero zero one 945 00:44:49,329 --> 00:44:51,599 three and then the second 946 00:44:51,599 --> 00:44:57,150 item that has been postponed is item D which is Z 17 - zero 947 00:44:57,150 --> 00:44:59,159 zero one five it is 948 00:44:59,159 --> 00:45:05,019 the 73 acres over on the corner of loop 288 and McKinney 949 00:45:05,019 --> 00:45:07,239 Street and those are 950 00:45:07,239 --> 00:45:10,420 both being postponed to September the 27th want to make 951 00:45:10,420 --> 00:45:11,719 that announcement for 952 00:45:11,719 --> 00:45:14,250 anybody who's here so you don't have to wait as we go 953 00:45:14,250 --> 00:45:15,280 through the rest of our 954 00:45:15,280 --> 00:45:18,849 agenda those but both of those will be back September 27 955 00:45:18,849 --> 00:45:20,719 two weeks thank you 956 00:45:20,719 --> 00:45:29,519 for coming out tonight sorry give just a second to let the 957 00:45:29,519 --> 00:45:33,599 room clear okay back 958 00:45:33,599 --> 00:45:37,519 to our agenda we have approved our consent agenda and we 959 00:45:37,519 --> 00:45:38,280 will now move on 960 00:45:38,280 --> 00:45:42,869 to our items for individual consideration that item will be 961 00:45:42,869 --> 00:45:43,119 to 962 00:45:43,119 --> 00:45:46,010 consider and appoint a member of the planning and zoning 963 00:45:46,010 --> 00:45:47,800 Commission for vice 964 00:45:47,800 --> 00:45:53,969 chair and the chair will make a motion for Commissioner 965 00:45:53,969 --> 00:45:56,440 Roselle and I make that 966 00:45:56,440 --> 00:45:59,679 motion based on your experience and tenure here on a board 967 00:45:59,679 --> 00:46:01,239 and so I would 968 00:46:01,239 --> 00:46:05,820 put that motion forward for consideration Commissioner 969 00:46:05,820 --> 00:46:06,280 Smith I 970 00:46:06,280 --> 00:46:09,780 second that motion to accept Commissioner Roselle as a vice 971 00:46:09,780 --> 00:46:10,440 chair okay 972 00:46:10,440 --> 00:46:18,579 we have a first and a second any discussion okay that I 973 00:46:18,579 --> 00:46:19,880 will call for a 974 00:46:19,880 --> 00:46:22,559 vote on the board 975 00:46:33,159 --> 00:46:35,690 that motion carries four to zero congratulations and thank 976 00:46:35,690 --> 00:46:38,159 you for being 977 00:46:38,159 --> 00:46:43,619 willing to serve you that will move us to our public 978 00:46:43,619 --> 00:46:45,239 hearing section this 979 00:46:45,239 --> 00:46:49,650 evening and at this time I will open a public hearing for 980 00:46:49,650 --> 00:46:52,239 fr 17 - zero zero one 981 00:46:52,239 --> 00:46:58,400 zero and I will call on Haley's aversely for presentation 982 00:47:08,559 --> 00:47:18,730 good evening this is a replat of property that is used as a 983 00:47:18,730 --> 00:47:19,800 DME 984 00:47:19,800 --> 00:47:25,349 substation out on Brinker Road and let me get it rotated 985 00:47:25,349 --> 00:47:27,480 here so this plat the 986 00:47:27,480 --> 00:47:30,349 purpose of it is to combine some previously plotted 987 00:47:30,349 --> 00:47:31,199 property with 988 00:47:31,199 --> 00:47:31,199 unplatted property and make one larger lot for the subst 989 00:47:31,199 --> 00:47:36,159 ation there is also a 990 00:47:36,159 --> 00:47:39,239 right-of-way for Morse Road that is no longer used and is 991 00:47:39,239 --> 00:47:40,239 being abandoned by 992 00:47:40,239 --> 00:47:46,659 this plot and I can answer any questions any questions for 993 00:47:46,659 --> 00:47:47,639 staff 994 00:47:50,400 --> 00:47:55,840 thank you Haley this is a public hearing anyone who would 995 00:47:55,840 --> 00:47:56,679 like to speak on this 996 00:47:56,679 --> 00:48:04,500 item please come forward at this time anyone to speak on 997 00:48:04,500 --> 00:48:06,960 this item seeing 998 00:48:06,960 --> 00:48:10,340 none I will close the public hearing and open the floor for 999 00:48:10,340 --> 00:48:11,079 discussion or a 1000 00:48:11,079 --> 00:48:13,440 motion 1001 00:48:16,159 --> 00:48:23,280 Commissioner Roselle I motion to approve fr 17 - 10 okay 1002 00:48:23,280 --> 00:48:27,869 Commissioner Smith I second the motion to approve fr 17 - 1003 00:48:27,869 --> 00:48:29,800 10 okay we have a 1004 00:48:29,800 --> 00:48:35,679 first and a second for approval any discussion seeing none 1005 00:48:35,679 --> 00:48:37,360 we will call for 1006 00:48:37,360 --> 00:48:39,960 a vote on the board 1007 00:48:47,800 --> 00:48:55,349 that motion carries four to zero we'll move us to public 1008 00:48:55,349 --> 00:48:57,400 hearing item B this 1009 00:48:57,400 --> 00:49:01,639 time I will open the public hearing for Z 17 - zero zero 1010 00:49:01,639 --> 00:49:03,079 one seven and I will call 1011 00:49:03,079 --> 00:49:07,159 on Haley for presentation of this item as well 1012 00:49:13,480 --> 00:49:21,090 this is case Z 17 17 it's for pioneer automotive so the 1013 00:49:21,090 --> 00:49:22,199 request is to hold a 1014 00:49:22,199 --> 00:49:24,730 public hearing and consider a request to rezone 1015 00:49:24,730 --> 00:49:27,039 approximately a half acre from 1016 00:49:27,039 --> 00:49:29,920 neighborhood residential mixed-use district to community 1017 00:49:29,920 --> 00:49:30,880 mixed-use general 1018 00:49:30,880 --> 00:49:33,849 district and you can see outlined here the property is 1019 00:49:33,849 --> 00:49:35,079 located on the southeast 1020 00:49:35,079 --> 00:49:39,360 corner of the Teasley and old Alton Road intersection 1021 00:49:39,360 --> 00:49:40,960 looking at what's 1022 00:49:40,960 --> 00:49:43,639 surrounding the property you can see we have a mix of 1023 00:49:43,639 --> 00:49:45,360 zoning districts here the 1024 00:49:45,360 --> 00:49:48,869 subject property and property to the west are zoned in our 1025 00:49:48,869 --> 00:49:49,840 MU to the south 1026 00:49:49,840 --> 00:49:53,570 you have in the hatched area area that's in our extra 1027 00:49:53,570 --> 00:49:55,159 territorial jurisdiction so 1028 00:49:55,159 --> 00:49:58,309 that property hasn't yet been annexed into the city we have 1029 00:49:58,309 --> 00:49:59,840 ICE district to the 1030 00:49:59,840 --> 00:50:02,900 east that is along Teasley Lane and features some 1031 00:50:02,900 --> 00:50:04,440 industrial office park 1032 00:50:04,440 --> 00:50:08,389 uses across Teasley we have CMG our community mixed-use 1033 00:50:08,389 --> 00:50:09,159 general district 1034 00:50:09,159 --> 00:50:12,539 that property is associated with Geyer High School and then 1035 00:50:12,539 --> 00:50:13,519 we have some in our 1036 00:50:13,519 --> 00:50:17,650 two districts here to the northeast and on the map you also 1037 00:50:17,650 --> 00:50:18,800 see NR two district 1038 00:50:18,800 --> 00:50:22,159 immediately north of the property these are no longer 1039 00:50:22,159 --> 00:50:23,679 separate parcels all of 1040 00:50:23,679 --> 00:50:26,760 this area has been platted and this is actually all 1041 00:50:26,760 --> 00:50:28,039 dedicated right of way for 1042 00:50:28,039 --> 00:50:30,570 Teasley Lane so in the future this will look much just 1043 00:50:30,570 --> 00:50:31,760 different when the road 1044 00:50:31,760 --> 00:50:36,280 is expanded to its full width if we zoom a little bit 1045 00:50:36,280 --> 00:50:37,679 further out you can see 1046 00:50:37,679 --> 00:50:40,960 here there's an electrical transfer station nearby you get 1047 00:50:40,960 --> 00:50:41,920 a better idea of 1048 00:50:41,920 --> 00:50:44,900 the mix of uses here in this office an industrial park that 1049 00:50:44,900 --> 00:50:45,880 's partially in the 1050 00:50:45,880 --> 00:50:50,260 city partially still in the ETJ there's a sporting facility 1051 00:50:50,260 --> 00:50:51,559 directly south of the 1052 00:50:51,559 --> 00:50:55,349 subject property and then you can see a mix of commercial 1053 00:50:55,349 --> 00:50:58,920 uses across Teasley to 1054 00:50:58,920 --> 00:51:01,400 give you a better idea of this general area you can see the 1055 00:51:01,400 --> 00:51:02,280 Geyer High School 1056 00:51:02,280 --> 00:51:05,309 campus is just north of the subject property we are very 1057 00:51:05,309 --> 00:51:06,320 close to the city 1058 00:51:06,320 --> 00:51:09,559 limits here so there's Corinth is just a little ways over 1059 00:51:09,559 --> 00:51:11,239 to the east and then we 1060 00:51:11,239 --> 00:51:13,769 have a lot of land that's still here in the ETJ to the 1061 00:51:13,769 --> 00:51:14,880 south and west of the 1062 00:51:14,880 --> 00:51:20,429 property looking at the future land use that was designated 1063 00:51:20,429 --> 00:51:21,199 for this area under 1064 00:51:21,199 --> 00:51:24,679 the Denton plan 2030 it's designated as community mixed use 1065 00:51:24,679 --> 00:51:27,039 and that designation 1066 00:51:27,039 --> 00:51:29,570 applies to areas where we're trying to promote a mixture of 1067 00:51:29,570 --> 00:51:29,800 uses 1068 00:51:29,800 --> 00:51:33,070 predominantly commercial but with a mixture of other 1069 00:51:33,070 --> 00:51:34,199 services and some 1070 00:51:34,199 --> 00:51:37,880 residential uses as well this particular area was 1071 00:51:37,880 --> 00:51:39,480 designated with this because 1072 00:51:39,480 --> 00:51:43,159 you can see here old Alton Road from the south and Teasley 1073 00:51:43,159 --> 00:51:44,239 that combination 1074 00:51:44,239 --> 00:51:47,110 creates a pretty prominent gateway into the city for people 1075 00:51:47,110 --> 00:51:48,119 coming from the south 1076 00:51:48,119 --> 00:51:52,179 or the east so the goal with this designation for this area 1077 00:51:52,179 --> 00:51:52,920 is to over 1078 00:51:52,920 --> 00:51:56,159 time promote a wide mixture of land uses primarily 1079 00:51:56,159 --> 00:51:57,840 commercial uses that can 1080 00:51:57,840 --> 00:52:00,260 support the existing neighborhoods in the area as well as 1081 00:52:00,260 --> 00:52:01,039 new neighborhoods 1082 00:52:01,039 --> 00:52:03,719 that may develop in the future and help create kind of a 1083 00:52:03,719 --> 00:52:04,719 sense of place and a 1084 00:52:04,719 --> 00:52:10,369 prominent entry point to the city of Denton just to give 1085 00:52:10,369 --> 00:52:11,360 you a brief 1086 00:52:11,360 --> 00:52:14,039 comparison of the two zoning districts here you can see 1087 00:52:14,039 --> 00:52:15,079 based on the general 1088 00:52:15,079 --> 00:52:18,489 regulations that NRMU and CMG are fairly comparable the 1089 00:52:18,489 --> 00:52:20,079 goal with this rezoning 1090 00:52:20,079 --> 00:52:23,920 is to obtain CMG because it matches that future land use it 1091 00:52:23,920 --> 00:52:25,000 gets the area where 1092 00:52:25,000 --> 00:52:27,679 we're wanting to go with it and that district also allows 1093 00:52:27,679 --> 00:52:28,400 the applicants 1094 00:52:28,400 --> 00:52:31,789 intended use of auto repair which is not permitted in NRMU 1095 00:52:31,789 --> 00:52:33,840 but other than that as 1096 00:52:33,840 --> 00:52:36,929 you can see here the districts create fairly comparable 1097 00:52:36,929 --> 00:52:38,039 design based on lot 1098 00:52:38,039 --> 00:52:42,389 coverage and landscape area requirements if we look at our 1099 00:52:42,389 --> 00:52:43,840 mobility plan we have 1100 00:52:43,840 --> 00:52:47,010 Teasley which is a primary arterial and old Alton which is 1101 00:52:47,010 --> 00:52:48,320 a secondary arterial 1102 00:52:48,320 --> 00:52:51,659 that adjoin the property Teasley is ultimately intended to 1103 00:52:51,659 --> 00:52:52,440 be built out as a 1104 00:52:52,440 --> 00:52:55,119 six-lane divided roadway it's under improvement by tech 1105 00:52:55,119 --> 00:52:56,719 stock currently old 1106 00:52:56,719 --> 00:52:59,889 Alton is intended to be a four-lane divided roadway there's 1107 00:52:59,889 --> 00:53:00,360 no immediate 1108 00:53:00,360 --> 00:53:03,230 plans for those improvements there but this intersection is 1109 00:53:03,230 --> 00:53:05,000 being improved with 1110 00:53:05,000 --> 00:53:07,530 some turn lanes and a signal is being placed there as Geyer 1111 00:53:07,530 --> 00:53:08,159 High School 1112 00:53:08,159 --> 00:53:12,210 expands to the south and creates a new driveway for the 1113 00:53:12,210 --> 00:53:13,719 school notifications 1114 00:53:13,719 --> 00:53:16,670 were sent about the request before the meeting we had 1115 00:53:16,670 --> 00:53:18,639 received two in favor the 1116 00:53:18,639 --> 00:53:21,960 owners of the subject property as well as the owners 1117 00:53:21,960 --> 00:53:23,599 immediately to the east 1118 00:53:23,599 --> 00:53:27,159 staff is recommending approval for this request based on it 1119 00:53:27,159 --> 00:53:28,280 being compatible 1120 00:53:28,280 --> 00:53:31,139 with the surrounding zoning and mixture of land uses the 1121 00:53:31,139 --> 00:53:32,440 district is appropriate 1122 00:53:32,440 --> 00:53:34,539 at a prominent gateway because it allows us to have the 1123 00:53:34,539 --> 00:53:35,239 commercial design 1124 00:53:35,239 --> 00:53:38,599 standards in place and it's also consistent with the Denton 1125 00:53:38,599 --> 00:53:39,519 plan 2030s 1126 00:53:39,519 --> 00:53:44,599 designation for this area and with that I can stand for any 1127 00:53:44,599 --> 00:53:49,480 questions any 1128 00:53:49,480 --> 00:53:57,519 questions for staff thank you Haley again this is a public 1129 00:53:57,519 --> 00:53:58,119 hearing anyone 1130 00:53:58,119 --> 00:54:00,400 who would like to speak on this item please come forward at 1131 00:54:00,400 --> 00:54:02,119 this time I have 1132 00:54:02,119 --> 00:54:09,880 no cards from anyone seeing none we will close the public 1133 00:54:09,880 --> 00:54:11,480 hearing and we'll open 1134 00:54:11,480 --> 00:54:15,000 the floor for discussion or motion 1135 00:54:19,519 --> 00:54:24,039 Commissioner Rizzo I'll just keep going here I move 1136 00:54:24,039 --> 00:54:30,000 approval of Z 17 - 17 okay 1137 00:54:30,000 --> 00:54:35,210 Commissioner Smith second the motion to accept Z 17 - 0 17 1138 00:54:35,210 --> 00:54:36,719 okay we have a first 1139 00:54:36,719 --> 00:54:42,619 and a second for approval any discussion seeing none I'll 1140 00:54:42,619 --> 00:54:44,760 call for a vote on the 1141 00:54:44,760 --> 00:55:00,800 board motion is going to carry four to zero as I announced 1142 00:55:00,800 --> 00:55:02,840 earlier items C and 1143 00:55:02,840 --> 00:55:06,619 D have both been postponed until September the 27th so if 1144 00:55:06,619 --> 00:55:07,519 you're here for 1145 00:55:07,519 --> 00:55:11,039 either one of those items or watching online those will be 1146 00:55:11,039 --> 00:55:11,960 back before us 1147 00:55:11,960 --> 00:55:16,980 currently on the 27th item C and D both that will move us 1148 00:55:16,980 --> 00:55:18,760 to item E on our 1149 00:55:18,760 --> 00:55:25,320 public hearing at this time I will open DCA 17 - 0 0 1 0 1150 00:55:25,320 --> 00:55:27,159 and I will call on Jim 1151 00:55:27,159 --> 00:55:32,320 Jinx for presentation congratulations and best wishes on 1152 00:55:32,320 --> 00:55:34,800 your project 1153 00:55:41,960 --> 00:55:58,880 good evening as one of the many process improvements that 1154 00:55:58,880 --> 00:56:01,199 the city is looking at 1155 00:56:01,199 --> 00:56:05,599 doing on the development review side I've got here for 1156 00:56:05,599 --> 00:56:07,360 presentation to you 1157 00:56:07,360 --> 00:56:14,039 tonight some agree revisions to development agreements 1158 00:56:14,039 --> 00:56:28,400 sorry what one 1159 00:56:28,400 --> 00:56:34,170 particular area focus has been streamlining the the pre- 1160 00:56:34,170 --> 00:56:34,840 construction 1161 00:56:34,840 --> 00:56:39,280 phase of a development project from the period from 1162 00:56:39,280 --> 00:56:42,440 approval by the P&Z to the 1163 00:56:42,440 --> 00:56:45,250 kickoff of construction both private improvement 1164 00:56:45,250 --> 00:56:46,679 construction and public 1165 00:56:46,679 --> 00:56:50,809 improvement construction and this is that's what this 1166 00:56:50,809 --> 00:56:52,400 effort is focused on 1167 00:56:52,400 --> 00:56:58,340 and I'll explain how as we go through it basically the the 1168 00:56:58,340 --> 00:57:00,719 objectives here are to 1169 00:57:00,719 --> 00:57:05,309 facilitate an expedited plat filing for the benefit benefit 1170 00:57:05,309 --> 00:57:06,639 of the developer 1171 00:57:06,639 --> 00:57:13,559 it's a request that we frequently get to to file the plat 1172 00:57:13,559 --> 00:57:15,400 early we have to make 1173 00:57:15,400 --> 00:57:17,539 sure of course that it's done in a way in which the city's 1174 00:57:17,539 --> 00:57:18,199 interests are 1175 00:57:18,199 --> 00:57:22,699 protected and as I mentioned we also want to just with this 1176 00:57:22,699 --> 00:57:23,639 and other 1177 00:57:23,639 --> 00:57:26,369 initiatives we're working on help streamline the pre-const 1178 00:57:26,369 --> 00:57:27,199 ruction process 1179 00:57:27,199 --> 00:57:36,780 to shorten the timeline this diagram here represents a 1180 00:57:36,780 --> 00:57:38,239 simplified version of our 1181 00:57:38,239 --> 00:57:41,659 current process basically starting at the top you see the 1182 00:57:41,659 --> 00:57:42,559 the final plat 1183 00:57:42,559 --> 00:57:48,440 approved by the P&Z and then the next step is our current 1184 00:57:48,440 --> 00:57:50,000 three-way development 1185 00:57:50,000 --> 00:57:55,690 agreements those are forms that we have in place and have 1186 00:57:55,690 --> 00:57:56,400 been using for many 1187 00:57:56,400 --> 00:58:01,030 years the three parties involved are the city the developer 1188 00:58:01,030 --> 00:58:03,599 and the contractor you 1189 00:58:03,599 --> 00:58:06,550 can see on the far right I've got a I've got a timeline 1190 00:58:06,550 --> 00:58:09,559 listed here this is this 1191 00:58:09,559 --> 00:58:13,030 is what we are accustomed to seeing in engineering 1192 00:58:13,030 --> 00:58:14,719 development review we're 1193 00:58:14,719 --> 00:58:17,880 we're sort of the main party that processes these 1194 00:58:17,880 --> 00:58:19,519 agreements for the city 1195 00:58:19,519 --> 00:58:24,440 and typically as far as the time for the developer to get 1196 00:58:24,440 --> 00:58:26,239 the agreements to 1197 00:58:26,239 --> 00:58:30,659 together and submit them and have them executable and have 1198 00:58:30,659 --> 00:58:32,519 them executed we see 1199 00:58:32,519 --> 00:58:37,329 a timeline of about six weeks sometimes we can it's shorter 1200 00:58:37,329 --> 00:58:38,679 than that sometimes 1201 00:58:38,679 --> 00:58:43,519 it's longer than that but that's sort of a more or less a 1202 00:58:43,519 --> 00:58:44,920 reasonable best-case 1203 00:58:44,920 --> 00:58:50,610 expectation and you can see fault it was not till following 1204 00:58:50,610 --> 00:58:52,079 that that we can have 1205 00:58:52,079 --> 00:58:54,900 the pre-construction meeting and the filing of the plat 1206 00:58:54,900 --> 00:58:55,880 there in the lower 1207 00:58:55,880 --> 00:59:02,030 left so that and that is how that's a function of how our 1208 00:59:02,030 --> 00:59:02,840 development code is 1209 00:59:02,840 --> 00:59:09,119 currently written it requires that sequence so and then 1210 00:59:09,119 --> 00:59:10,400 following that also 1211 00:59:10,400 --> 00:59:16,320 if for for anything other than single-family residential 1212 00:59:16,320 --> 00:59:18,480 development 1213 00:59:18,480 --> 00:59:23,519 well let me back up our code stipulates that no private 1214 00:59:23,519 --> 00:59:25,159 construction improvements 1215 00:59:25,159 --> 00:59:28,320 may begin until all the public improvements have been 1216 00:59:28,320 --> 00:59:29,239 installed and 1217 00:59:29,239 --> 00:59:35,210 accepted unless a hold harmless agreement which is the HHA 1218 00:59:35,210 --> 00:59:36,320 that's listed 1219 00:59:36,320 --> 00:59:41,860 here is executed by the developer basically that involves 1220 00:59:41,860 --> 00:59:42,599 in that 1221 00:59:42,599 --> 00:59:46,750 agreement the developer says acknowledges that he has been 1222 00:59:46,750 --> 00:59:47,559 allowed to 1223 00:59:47,559 --> 00:59:51,130 proceed forward with his private improvements but he will 1224 00:59:51,130 --> 00:59:52,079 not be issued a 1225 00:59:52,079 --> 00:59:56,400 CEO by the city until his public improvements are complete 1226 00:59:56,400 --> 00:59:57,199 and in the 1227 00:59:57,199 --> 01:00:03,360 event that his CEO his CEO is held up because of that issue 1228 01:00:03,360 --> 01:00:04,039 he will hold the 1229 01:00:04,039 --> 01:00:07,989 city harmless so that has to be executed that's a separate 1230 01:00:07,989 --> 01:00:09,280 step currently in a 1231 01:00:09,280 --> 01:00:12,639 precursor to the issuance of any sort of private building 1232 01:00:12,639 --> 01:00:13,840 permit there at the 1233 01:00:13,840 --> 01:00:22,010 bottom the next slide is the proposed change we have before 1234 01:00:22,010 --> 01:00:23,800 you starting again 1235 01:00:23,800 --> 01:00:28,469 at approval by P&Z of the final plat we go on what we've 1236 01:00:28,469 --> 01:00:29,480 done here is 1237 01:00:29,480 --> 01:00:33,309 essentially break up the existing three-way development 1238 01:00:33,309 --> 01:00:34,679 agreement into two 1239 01:00:34,679 --> 01:00:39,519 two-way agreements the first would be simply between the 1240 01:00:39,519 --> 01:00:40,179 city and the 1241 01:00:40,179 --> 01:00:46,469 developer and I will in my next slide to go through the 1242 01:00:46,469 --> 01:00:49,360 major terms of what that 1243 01:00:49,360 --> 01:00:55,079 agreement will have but basically once that is signed the 1244 01:00:55,079 --> 01:00:56,360 plaque can be filed 1245 01:00:56,360 --> 01:01:02,230 and as you can see on the far right we're anticipating that 1246 01:01:02,230 --> 01:01:03,400 can be done 1247 01:01:03,400 --> 01:01:07,070 realistically within a couple weeks of the plat being 1248 01:01:07,070 --> 01:01:09,360 approved by P&Z so that's 1249 01:01:09,360 --> 01:01:12,829 a big improvement on the six weeks plus that we are 1250 01:01:12,829 --> 01:01:15,639 currently seeing and we get 1251 01:01:15,639 --> 01:01:20,550 these requests to file plat early from developers we hear 1252 01:01:20,550 --> 01:01:21,679 and understand that 1253 01:01:21,679 --> 01:01:27,079 often it's developers financing is tied to that milestone 1254 01:01:27,079 --> 01:01:28,920 so in an effort to 1255 01:01:28,920 --> 01:01:32,000 come help accommodate the development community we are 1256 01:01:32,000 --> 01:01:33,239 again trying to break 1257 01:01:33,239 --> 01:01:36,280 that out toward that milestone can be reached much sooner 1258 01:01:36,280 --> 01:01:38,599 so going down on this 1259 01:01:38,599 --> 01:01:42,550 chart the next step would be the two-way agreement between 1260 01:01:42,550 --> 01:01:43,800 the city and the 1261 01:01:43,800 --> 01:01:50,530 contractor that would other than subtracting the developer 1262 01:01:50,530 --> 01:01:51,639 from that 1263 01:01:51,639 --> 01:01:55,719 because he's already under agreement for the previous step 1264 01:01:55,719 --> 01:01:56,960 that agreement would 1265 01:01:56,960 --> 01:02:01,150 be very similar to how it is currently worded once that is 1266 01:02:01,150 --> 01:02:02,780 done then we can 1267 01:02:02,780 --> 01:02:07,309 proceed on to the pre-construction meeting and and I should 1268 01:02:07,309 --> 01:02:08,559 have mentioned 1269 01:02:08,559 --> 01:02:12,639 in the first agreement there we were also proposing to roll 1270 01:02:12,639 --> 01:02:13,719 in the current 1271 01:02:13,719 --> 01:02:16,440 hold harmless agreement language into that first two-way 1272 01:02:16,440 --> 01:02:17,719 agreement between the 1273 01:02:17,719 --> 01:02:22,119 city and developer our current whole harmless agreement is 1274 01:02:22,119 --> 01:02:23,360 names the 1275 01:02:23,360 --> 01:02:26,730 developer he's the one who has to sign it and record it so 1276 01:02:26,730 --> 01:02:27,800 it makes sense that 1277 01:02:27,800 --> 01:02:30,989 it could be folded into that agreement and that would 1278 01:02:30,989 --> 01:02:32,599 eliminate that separate 1279 01:02:32,599 --> 01:02:36,650 step which is usually not we usually can't initiate that 1280 01:02:36,650 --> 01:02:37,760 until the full 1281 01:02:37,760 --> 01:02:42,329 three-way agreement is signed so again that's six weeks 1282 01:02:42,329 --> 01:02:47,880 plus out in in 1283 01:02:47,880 --> 01:02:51,030 conjunction with this we would we propose requiring a 1284 01:02:51,030 --> 01:02:52,280 standard note being 1285 01:02:52,280 --> 01:02:55,460 added to the plant the plat the face of the plat very 1286 01:02:55,460 --> 01:02:57,559 prominently clarifying that 1287 01:02:57,559 --> 01:03:00,550 no lots shall be sold no construction of private 1288 01:03:00,550 --> 01:03:02,159 improvements shall be authorized 1289 01:03:02,159 --> 01:03:05,989 to begin until the two-way agreement between the contractor 1290 01:03:05,989 --> 01:03:06,599 and the city is 1291 01:03:06,599 --> 01:03:10,719 fully executed legally binding the contractor to 1292 01:03:10,719 --> 01:03:11,920 construction of all public 1293 01:03:11,920 --> 01:03:16,079 improvements associated with the plan 1294 01:03:19,360 --> 01:03:24,170 that way it is the intent there is that it be made clear to 1295 01:03:24,170 --> 01:03:26,840 anyone looking at 1296 01:03:26,840 --> 01:03:33,000 the plat that there there may be public improvements that 1297 01:03:33,000 --> 01:03:35,079 have to be installed 1298 01:03:35,079 --> 01:03:40,300 and that none of the private improvements may be begun 1299 01:03:40,300 --> 01:03:41,519 before that 1300 01:03:41,519 --> 01:03:48,039 step the two-way agreement delving into that a little bit 1301 01:03:48,039 --> 01:03:49,159 more this is the first 1302 01:03:49,159 --> 01:03:52,380 of the two sequential agreements we're proposing it would 1303 01:03:52,380 --> 01:03:53,559 include as an 1304 01:03:53,559 --> 01:03:59,110 attachment a performance bond signed or issued to the 1305 01:03:59,110 --> 01:04:01,360 developer a current 1306 01:04:01,360 --> 01:04:05,389 three-way contract has a requires a performance bond be 1307 01:04:05,389 --> 01:04:08,719 attached and it is 1308 01:04:08,719 --> 01:04:16,389 it is issued to the contractor kind of a what we perceive 1309 01:04:16,389 --> 01:04:18,239 as a weak point of that 1310 01:04:18,239 --> 01:04:23,480 agreement is that there's nothing with the developer not 1311 01:04:23,480 --> 01:04:24,880 named there's there's 1312 01:04:24,880 --> 01:04:29,690 nothing binding the developer and I should point out that 1313 01:04:29,690 --> 01:04:30,840 per the Texas 1314 01:04:30,840 --> 01:04:40,360 local government code section 212.073 it states quote the 1315 01:04:40,360 --> 01:04:42,519 developer must execute 1316 01:04:42,519 --> 01:04:45,500 a performance bond for the construction of the improvements 1317 01:04:45,500 --> 01:04:46,599 to ensure completion 1318 01:04:46,599 --> 01:04:50,980 of the project so we are trying to make sure we are in 1319 01:04:50,980 --> 01:04:53,159 compliance with that as 1320 01:04:53,159 --> 01:05:00,920 part of this effort also it would as I mentioned they would 1321 01:05:00,920 --> 01:05:01,840 incorporate language 1322 01:05:01,840 --> 01:05:04,719 from our current cold harmless agreement documenting that 1323 01:05:04,719 --> 01:05:06,039 we will not issue a 1324 01:05:06,039 --> 01:05:10,170 certificate of occupancy until the developer has completed 1325 01:05:10,170 --> 01:05:10,960 all public 1326 01:05:10,960 --> 01:05:15,360 improvements associated with the plan and then also it has 1327 01:05:15,360 --> 01:05:16,760 the language that 1328 01:05:16,760 --> 01:05:20,829 is currently in the form that all construction will comply 1329 01:05:20,829 --> 01:05:21,679 with the fire 1330 01:05:21,679 --> 01:05:25,840 code as to emergency access and water for firefighting 1331 01:05:25,840 --> 01:05:28,000 purposes being provided at 1332 01:05:28,000 --> 01:05:33,239 all times during construction the next agreement the second 1333 01:05:33,239 --> 01:05:34,480 of the two between 1334 01:05:34,480 --> 01:05:39,639 the city and the contractor this one the the terms would be 1335 01:05:39,639 --> 01:05:40,920 as I say that similar 1336 01:05:40,920 --> 01:05:44,670 to those of the existing three-way contract except the 1337 01:05:44,670 --> 01:05:45,760 developer is no 1338 01:05:45,760 --> 01:05:50,210 longer a party them having been a party to the previous 1339 01:05:50,210 --> 01:05:52,599 agreement so this would 1340 01:05:52,599 --> 01:05:55,369 still as it currently does include his attachments 1341 01:05:55,369 --> 01:05:57,280 performance and payment bonds 1342 01:05:57,280 --> 01:06:02,920 insurance certificate so the contractor would still be 1343 01:06:02,920 --> 01:06:04,679 bound and require 1344 01:06:04,679 --> 01:06:07,760 construction be done in conformance with the approved plans 1345 01:06:07,760 --> 01:06:09,119 you know document our 1346 01:06:09,119 --> 01:06:12,409 right to inspect the public improvements and document the 1347 01:06:12,409 --> 01:06:14,000 two-year warranty period 1348 01:06:14,000 --> 01:06:20,679 following acceptance of the public improvements to kind of 1349 01:06:20,679 --> 01:06:23,480 summarize what 1350 01:06:23,480 --> 01:06:28,070 we what we anticipate these changes would achieve it would 1351 01:06:28,070 --> 01:06:29,480 allow the plat to 1352 01:06:29,480 --> 01:06:32,840 be filed several weeks earlier and again that is to 1353 01:06:32,840 --> 01:06:34,480 accommodate a frequent 1354 01:06:34,480 --> 01:06:39,079 request we received from developers but also certainly it 1355 01:06:39,079 --> 01:06:40,639 will also allow the 1356 01:06:40,639 --> 01:06:44,269 plat to be filed without the developer having in having to 1357 01:06:44,269 --> 01:06:45,480 enter into in a 1358 01:06:45,480 --> 01:06:49,510 contract with the contractor now the same requirement will 1359 01:06:49,510 --> 01:06:50,719 still be in place 1360 01:06:50,719 --> 01:06:56,110 they would still have to enter into that contract within 1361 01:06:56,110 --> 01:06:57,480 two years of the plat 1362 01:06:57,480 --> 01:07:03,329 approval which is our current requirement but again this 1363 01:07:03,329 --> 01:07:04,800 way they could get their 1364 01:07:04,800 --> 01:07:09,710 plat filed without entering with contract with a contractor 1365 01:07:09,710 --> 01:07:10,679 in case they were not 1366 01:07:10,679 --> 01:07:15,349 quite ready for that step and we do encounter that and then 1367 01:07:15,349 --> 01:07:16,079 it would 1368 01:07:16,079 --> 01:07:19,059 eliminate the separate whole harm's agreement again that 1369 01:07:19,059 --> 01:07:20,039 that language would 1370 01:07:20,039 --> 01:07:23,639 be incorporated into the first of these two two-way 1371 01:07:23,639 --> 01:07:25,699 agreements and simplify the 1372 01:07:25,699 --> 01:07:32,440 process and with that I'd be happy to answer any questions 1373 01:07:44,280 --> 01:07:45,170 we talked about a couple of them in work session I'll just 1374 01:07:45,170 --> 01:07:48,519 bring them up here 1375 01:07:48,519 --> 01:07:53,570 again in public session I would like to go back to the 1376 01:07:53,570 --> 01:07:55,920 slide I think we talked 1377 01:07:55,920 --> 01:07:59,559 about it some at length about the residential the single- 1378 01:07:59,559 --> 01:08:01,119 family to where 1379 01:08:01,119 --> 01:08:03,650 it's prohibited to be able to sell any of those until 1380 01:08:03,650 --> 01:08:05,000 substantial completion I 1381 01:08:05,000 --> 01:08:10,510 believe or right until it's a two-way agreement could could 1382 01:08:10,510 --> 01:08:10,920 that be 1383 01:08:10,920 --> 01:08:14,869 substitute between contractor to where it says developer 1384 01:08:14,869 --> 01:08:16,199 because if it has to 1385 01:08:16,199 --> 01:08:20,029 be contractor there's not a way to do what are called paper 1386 01:08:20,029 --> 01:08:21,119 lots to where you 1387 01:08:21,119 --> 01:08:24,000 get all the entitlements done and be able to sell them that 1388 01:08:24,000 --> 01:08:24,600 that would 1389 01:08:24,600 --> 01:08:29,020 prohibit that business transaction so I would like to put 1390 01:08:29,020 --> 01:08:30,399 that before us to 1391 01:08:30,399 --> 01:08:36,760 consider obviously the building permits are only going to 1392 01:08:36,760 --> 01:08:38,720 be available once the 1393 01:08:38,720 --> 01:08:42,000 contractor agreement is in place so it might be that we 1394 01:08:42,000 --> 01:08:43,359 need to separate those 1395 01:08:43,359 --> 01:08:48,869 two but since it doesn't affect the language on the code 1396 01:08:48,869 --> 01:08:50,119 tonight we can we 1397 01:08:50,119 --> 01:08:53,880 can actually discuss that further I think there's two 1398 01:08:53,880 --> 01:08:54,479 issues I think that 1399 01:08:54,479 --> 01:08:58,760 would be one that would prohibit paper lots and then the 1400 01:08:58,760 --> 01:09:00,239 second issue that I 1401 01:09:00,239 --> 01:09:04,789 asked about in work session had to do with no single-family 1402 01:09:04,789 --> 01:09:06,159 residential being 1403 01:09:06,159 --> 01:09:09,680 able to begin except for the four models until substantial 1404 01:09:09,680 --> 01:09:13,039 completion and is 1405 01:09:13,039 --> 01:09:19,760 made and so I don't know where that language on your slides 1406 01:09:19,760 --> 01:09:22,239 are but if there 1407 01:09:22,239 --> 01:09:27,640 was it's it's not on the slide it's um that that policy or 1408 01:09:27,640 --> 01:09:28,680 that requirement is 1409 01:09:28,680 --> 01:09:31,659 the current requirement so there's no change currently 1410 01:09:31,659 --> 01:09:33,079 being proposed to that 1411 01:09:33,079 --> 01:09:36,399 unless we'd like to suggest that we can consider that we 1412 01:09:36,399 --> 01:09:37,640 can discuss that we 1413 01:09:37,640 --> 01:09:41,779 will okay well I'd like if we get further in into this and 1414 01:09:41,779 --> 01:09:42,319 get around to 1415 01:09:42,319 --> 01:09:47,310 making a motion that we would be able to do that if there's 1416 01:09:47,310 --> 01:09:48,079 a hold harmless 1417 01:09:48,079 --> 01:09:52,010 agreement put in place just like is done with multifamily 1418 01:09:52,010 --> 01:09:53,439 and commercial I don't 1419 01:09:53,439 --> 01:09:57,569 see a reason to exclude one type of construction when we 1420 01:09:57,569 --> 01:09:58,600 allow it with 1421 01:09:58,600 --> 01:10:02,300 commercial and multifamily because I think it's a four to 1422 01:10:02,300 --> 01:10:04,159 six month waste of 1423 01:10:04,159 --> 01:10:07,550 time at least for the development community to miss out on 1424 01:10:07,550 --> 01:10:08,840 an opportunity 1425 01:10:08,840 --> 01:10:11,819 there so we'll can talk about that further if there's not a 1426 01:10:11,819 --> 01:10:12,680 slide for that 1427 01:10:12,680 --> 01:10:20,279 those would be mine two initial suggestions otherwise I'm 1428 01:10:20,279 --> 01:10:22,039 all for trying 1429 01:10:22,039 --> 01:10:26,020 to continue to improve and streamline the processes with 1430 01:10:26,020 --> 01:10:30,319 the city normally I 1431 01:10:30,319 --> 01:10:32,420 like to see a little more detail and see all the things I 1432 01:10:32,420 --> 01:10:33,439 understand that this is 1433 01:10:33,439 --> 01:10:37,380 a process and there's a time frame and I think based on our 1434 01:10:37,380 --> 01:10:38,680 work session that 1435 01:10:38,680 --> 01:10:41,409 there's going to be some additional discussions I think 1436 01:10:41,409 --> 01:10:42,399 there's going to be 1437 01:10:42,399 --> 01:10:47,079 some reach out to stakeholders in the development community 1438 01:10:47,079 --> 01:10:48,239 to actually go 1439 01:10:48,239 --> 01:10:50,960 through this in a little greater detail and provide some 1440 01:10:50,960 --> 01:10:52,000 actual copies of the 1441 01:10:52,000 --> 01:10:54,680 two-way agreements and some other details that I'm 1442 01:10:54,680 --> 01:10:56,020 comfortable moving this 1443 01:10:56,020 --> 01:10:59,819 forward on to City Council when we get to that point this 1444 01:10:59,819 --> 01:11:00,880 evening with the 1445 01:11:00,880 --> 01:11:03,409 understanding that there is going to be some some 1446 01:11:03,409 --> 01:11:04,760 engagement and some reach out 1447 01:11:04,760 --> 01:11:08,000 to the development community and stakeholders to to make 1448 01:11:08,000 --> 01:11:08,880 sure that this 1449 01:11:08,880 --> 01:11:12,520 is definitely what's intended is a streamlining and to make 1450 01:11:12,520 --> 01:11:13,439 this process 1451 01:11:13,439 --> 01:11:17,069 more user-friendly so thank you and I've got a couple other 1452 01:11:17,069 --> 01:11:18,319 questions or comments 1453 01:11:18,319 --> 01:11:21,119 Commissioner Smith mr. jinx we talked about it in the 1454 01:11:21,119 --> 01:11:22,920 public or in the the 1455 01:11:22,920 --> 01:11:26,560 work session we asked about Commissioner Rozelle and then I 1456 01:11:26,560 --> 01:11:28,279 echoed it we asked 1457 01:11:28,279 --> 01:11:31,800 about contemporaries other cities and municipalities who 1458 01:11:31,800 --> 01:11:32,960 have this type of 1459 01:11:32,960 --> 01:11:35,979 this type of two-way agreement this sequential two-way 1460 01:11:35,979 --> 01:11:37,319 agreement here can 1461 01:11:37,319 --> 01:11:40,000 you for the public record can you guys name or does anybody 1462 01:11:40,000 --> 01:11:40,720 in your office know 1463 01:11:40,720 --> 01:11:43,239 the names of the other contemporaries we've looked at the 1464 01:11:43,239 --> 01:11:43,920 other municipalities 1465 01:11:43,920 --> 01:11:49,470 so we can use that as a reference I personally was not 1466 01:11:49,470 --> 01:11:52,279 involved I may defer 1467 01:11:52,279 --> 01:11:56,720 to other staff here if they can contribute but I know that 1468 01:11:56,720 --> 01:11:57,520 this effort 1469 01:11:57,520 --> 01:12:03,199 and that research has been ongoing since at least March 1470 01:12:03,199 --> 01:12:05,279 myself was was been 1471 01:12:05,279 --> 01:12:13,500 involved more recently and as she comes down the the reason 1472 01:12:13,500 --> 01:12:14,279 why I asked is 1473 01:12:14,279 --> 01:12:17,529 because if we're out of if we are out of compliance with 1474 01:12:17,529 --> 01:12:19,239 the Texas Code how many 1475 01:12:19,239 --> 01:12:21,920 other cities are like that are they facing the same issue 1476 01:12:21,920 --> 01:12:23,399 and if we are 1477 01:12:23,399 --> 01:12:25,159 going to be fixing it is this something that other cities 1478 01:12:25,159 --> 01:12:26,439 have already fixed and 1479 01:12:26,439 --> 01:12:29,170 we'd like to at least know what are the municipalities have 1480 01:12:29,170 --> 01:12:30,119 done this just so we 1481 01:12:30,119 --> 01:12:33,600 have an idea of a frame of reference sure 1482 01:12:37,560 --> 01:12:40,090 mr. Smith to address your question in terms of the 1483 01:12:40,090 --> 01:12:42,479 benchmarking study we 1484 01:12:42,479 --> 01:12:45,689 conducted the team looked at a number of communities from 1485 01:12:45,689 --> 01:12:47,000 Plano to McKinney to 1486 01:12:47,000 --> 01:12:51,600 surrounding adjacent communities however when it comes to 1487 01:12:51,600 --> 01:12:52,079 addressing the 1488 01:12:52,079 --> 01:12:55,060 question are they out of compliance what we were looking at 1489 01:12:55,060 --> 01:12:55,640 specifically is how 1490 01:12:55,640 --> 01:12:59,850 do they do their their development agreement so to speak as 1491 01:12:59,850 --> 01:13:00,880 it relates to 1492 01:13:00,880 --> 01:13:03,560 for example Fort Worth how do they do it we're pretty 1493 01:13:03,560 --> 01:13:05,439 similar to what they were 1494 01:13:05,439 --> 01:13:08,119 proposing something very similar to what they're doing 1495 01:13:08,119 --> 01:13:10,880 right now so in terms of 1496 01:13:10,880 --> 01:13:13,029 looking at the legalities and seeing who was in or out of 1497 01:13:13,029 --> 01:13:13,760 compliance as it 1498 01:13:13,760 --> 01:13:17,470 relates to state requirements that that exercise obviously 1499 01:13:17,470 --> 01:13:18,600 was not conducted but 1500 01:13:18,600 --> 01:13:21,720 the exercise that we did conduct was trying to understand 1501 01:13:21,720 --> 01:13:22,439 how long for 1502 01:13:22,439 --> 01:13:25,949 instance does a specific application stay in the process 1503 01:13:25,949 --> 01:13:27,119 and now let's look 1504 01:13:27,119 --> 01:13:29,909 at what we do in Denton and is it taking an extraordinary 1505 01:13:29,909 --> 01:13:30,960 longer time than it 1506 01:13:30,960 --> 01:13:35,159 should and in this case we felt that it was taking too long 1507 01:13:35,159 --> 01:13:35,960 in terms of our 1508 01:13:35,960 --> 01:13:39,359 parameters and our metrics and we wanted to understand what 1509 01:13:39,359 --> 01:13:40,439 is the delay what is 1510 01:13:40,439 --> 01:13:42,970 the trigger for the delay and it was realized it was the 1511 01:13:42,970 --> 01:13:43,720 agreement or the 1512 01:13:43,720 --> 01:13:47,819 length or the the onus or the owner or the requirements of 1513 01:13:47,819 --> 01:13:48,720 the agreement that 1514 01:13:48,720 --> 01:13:52,729 were causing a hardship earlier on in the development 1515 01:13:52,729 --> 01:13:55,039 process so those are the 1516 01:13:55,039 --> 01:13:58,060 that's the tangent we took in terms of our study and our 1517 01:13:58,060 --> 01:13:59,439 benchmarking great 1518 01:13:59,439 --> 01:14:02,260 and before I relinquish my chance to speak just want to 1519 01:14:02,260 --> 01:14:03,119 agree with our 1520 01:14:03,119 --> 01:14:06,220 commissioner as long as we do except with the new language 1521 01:14:06,220 --> 01:14:06,960 to match both 1522 01:14:06,960 --> 01:14:11,409 residential as well as commercial and multifamily 1523 01:14:11,409 --> 01:14:12,960 commissioner real zone 1524 01:14:12,960 --> 01:14:16,329 thank you chair I asked this in work session but I just 1525 01:14:16,329 --> 01:14:16,640 want more 1526 01:14:16,640 --> 01:14:23,079 clarification there by men all or by legal are is our vote 1527 01:14:23,079 --> 01:14:25,119 tonight approving 1528 01:14:25,119 --> 01:14:28,479 the framework of a sequential two-way agreement or are we 1529 01:14:28,479 --> 01:14:29,680 actually approving 1530 01:14:29,680 --> 01:14:34,489 the ordinance language that we were provided what we're 1531 01:14:34,489 --> 01:14:35,680 doing tonight is 1532 01:14:35,680 --> 01:14:41,560 actually approving the amendment to the DDC which can be 1533 01:14:41,560 --> 01:14:42,840 substantially the 1534 01:14:42,840 --> 01:14:46,850 ordinances in front of you if you want to make some minor 1535 01:14:46,850 --> 01:14:48,039 changes to it that's 1536 01:14:48,039 --> 01:14:52,460 fine and then we can bring that forward to council so to 1537 01:14:52,460 --> 01:14:56,000 chairs concern earlier 1538 01:14:56,000 --> 01:15:01,840 in section e2 is is changing this language something that 1539 01:15:01,840 --> 01:15:02,520 needs to be done 1540 01:15:02,520 --> 01:15:06,079 tonight or is approving this and moving it forward the 1541 01:15:06,079 --> 01:15:07,960 language about the 1542 01:15:07,960 --> 01:15:11,789 single-family residents can that be done after or does that 1543 01:15:11,789 --> 01:15:13,119 need to be called out 1544 01:15:13,119 --> 01:15:17,250 tonight I think that it would be fine if you wanted to make 1545 01:15:17,250 --> 01:15:18,880 a motion to approve 1546 01:15:18,880 --> 01:15:22,640 the ordinance subject to a change and give us what that 1547 01:15:22,640 --> 01:15:24,600 change would be then I 1548 01:15:24,600 --> 01:15:29,760 think that would be sufficient okay thank you 1549 01:15:30,560 --> 01:15:34,760 any other questions for staff 1550 01:15:38,000 --> 01:15:41,649 seeing none this is a public hearing I do have one card 1551 01:15:41,649 --> 01:15:44,399 wishing to speak Lee 1552 01:15:44,399 --> 01:15:52,479 Allison in support good evening I'm Lee Allison with 1553 01:15:52,479 --> 01:15:56,760 Allison Engineering Group 1554 01:15:56,760 --> 01:16:02,199 2415 North Elm Street Denton Texas first I'd like to 1555 01:16:02,199 --> 01:16:04,560 express my admiration to 1556 01:16:04,560 --> 01:16:08,670 staff for taking the risk and the effort to work on fixing 1557 01:16:08,670 --> 01:16:09,720 our codes and 1558 01:16:09,720 --> 01:16:12,739 ordinances and bring him forward for great scrutiny by a 1559 01:16:12,739 --> 01:16:13,680 large number of 1560 01:16:13,680 --> 01:16:17,050 people everybody who wants to pick on everything and nobody 1561 01:16:17,050 --> 01:16:17,840 who wants to say 1562 01:16:17,840 --> 01:16:21,640 anything good about it and yet this is a wonderful thing to 1563 01:16:21,640 --> 01:16:22,439 see happening and I 1564 01:16:22,439 --> 01:16:27,000 appreciate it I'm glad for it do have a few comments one 1565 01:16:27,000 --> 01:16:30,039 developers they do ask 1566 01:16:30,039 --> 01:16:33,989 for the plat to be filed but for two reasons one is to get 1567 01:16:33,989 --> 01:16:35,239 financing and the 1568 01:16:35,239 --> 01:16:39,119 others to sell lots with the note on the plat this doesn't 1569 01:16:39,119 --> 01:16:40,079 accomplish the selling 1570 01:16:40,079 --> 01:16:42,609 lots goal not to say that it shouldn't be done it just 1571 01:16:42,609 --> 01:16:43,880 doesn't get that part of 1572 01:16:43,880 --> 01:16:48,149 it there that much quicker when it comes to financing it'll 1573 01:16:48,149 --> 01:16:49,199 be interesting to see 1574 01:16:49,199 --> 01:16:51,619 what the financing companies say because a lot of times 1575 01:16:51,619 --> 01:16:52,399 they don't want to 1576 01:16:52,399 --> 01:16:56,310 release the financing until the contractor and all the 1577 01:16:56,310 --> 01:16:57,399 people who are 1578 01:16:57,399 --> 01:16:59,920 really going to make it happen are in place and they don't 1579 01:16:59,920 --> 01:17:00,520 want to start 1580 01:17:00,520 --> 01:17:03,880 making funds available before that's there so this might 1581 01:17:03,880 --> 01:17:04,880 have a practical 1582 01:17:04,880 --> 01:17:10,840 concern there I do have a suggestion in that between 1583 01:17:10,840 --> 01:17:12,960 paragraphs a and B you 1584 01:17:12,960 --> 01:17:16,460 might want to add a paragraph something like a development 1585 01:17:16,460 --> 01:17:17,560 agreement required 1586 01:17:17,560 --> 01:17:21,720 before constructing public improvements there's no explicit 1587 01:17:21,720 --> 01:17:22,600 language in here 1588 01:17:22,600 --> 01:17:25,989 saying that such an agreement is required it is implied in 1589 01:17:25,989 --> 01:17:26,680 a couple of 1590 01:17:26,680 --> 01:17:30,770 places by saying that such work cannot proceed until that's 1591 01:17:30,770 --> 01:17:31,800 done but it doesn't 1592 01:17:31,800 --> 01:17:35,949 say you have to go get one secondly in the current 1593 01:17:35,949 --> 01:17:38,399 paragraph B it seems it'd be 1594 01:17:38,399 --> 01:17:41,229 prudent to require the contractor to be at the pre-const 1595 01:17:41,229 --> 01:17:42,439 ruction conference as 1596 01:17:42,439 --> 01:17:46,270 well and not just the developer and the city organizations 1597 01:17:46,270 --> 01:17:47,439 and you'd need to 1598 01:17:47,439 --> 01:17:50,119 consider whether you want the developer to have his two-way 1599 01:17:50,119 --> 01:17:50,920 agreement in place 1600 01:17:50,920 --> 01:17:55,140 or not before having that pre-construction conference then 1601 01:17:55,140 --> 01:17:56,760 as I listen tonight and 1602 01:17:56,760 --> 01:18:00,079 I'm sorry for these last-minute comments I like to if I'd 1603 01:18:00,079 --> 01:18:01,279 been able to see things 1604 01:18:01,279 --> 01:18:04,279 in advance I really like to give staff comments and not say 1605 01:18:04,279 --> 01:18:06,079 as much here but is 1606 01:18:06,079 --> 01:18:09,439 a two-way developers agreement really required it's not 1607 01:18:09,439 --> 01:18:11,159 required in the local 1608 01:18:11,159 --> 01:18:14,640 government code it's something the city has come up with 1609 01:18:14,640 --> 01:18:15,880 and why do we want to 1610 01:18:15,880 --> 01:18:19,569 put a performance put a performance bond on the same 1611 01:18:19,569 --> 01:18:21,199 project twice why didn't the 1612 01:18:21,199 --> 01:18:24,930 developers performance bond sufficient and provide the city 1613 01:18:24,930 --> 01:18:25,840 with adequate 1614 01:18:25,840 --> 01:18:29,750 protection would it not be possible to consider having a 1615 01:18:29,750 --> 01:18:31,600 construction permit to 1616 01:18:31,600 --> 01:18:34,949 be issued after the developers agreement that has a 1617 01:18:34,949 --> 01:18:37,439 checklist of items pardon me 1618 01:18:37,439 --> 01:18:41,649 such as construction cost estimate payment of inspection 1619 01:18:41,649 --> 01:18:42,840 fees liability 1620 01:18:42,840 --> 01:18:45,920 insurance etc. that could be provided and not even have to 1621 01:18:45,920 --> 01:18:46,960 go through a two-way 1622 01:18:46,960 --> 01:18:50,270 developer agreement with with the city I mean I'm sorry a 1623 01:18:50,270 --> 01:18:51,880 two-way contractors 1624 01:18:51,880 --> 01:18:59,640 agreement with the city then I just curious and when I say 1625 01:18:59,640 --> 01:19:00,560 that not asking of 1626 01:19:00,560 --> 01:19:05,840 y'all but concerns would be the ability of developers to 1627 01:19:05,840 --> 01:19:06,880 get the appropriate 1628 01:19:06,880 --> 01:19:11,090 bonds I know that's been heard that it's been issued in the 1629 01:19:11,090 --> 01:19:12,399 past but usually that 1630 01:19:12,399 --> 01:19:16,239 requires a track record it requires substantial financial 1631 01:19:16,239 --> 01:19:17,079 abilities and 1632 01:19:17,079 --> 01:19:19,949 while large developers may be able to come in here and 1633 01:19:19,949 --> 01:19:21,760 accomplish that can the 1634 01:19:21,760 --> 01:19:24,909 person who's trying to develop a small one lot development 1635 01:19:24,909 --> 01:19:25,880 or a small four or 1636 01:19:25,880 --> 01:19:29,279 five lot development have the wherewithal to go and get 1637 01:19:29,279 --> 01:19:30,079 that kind of 1638 01:19:30,079 --> 01:19:33,300 bonding or financing I think there's a lot of practical 1639 01:19:33,300 --> 01:19:34,399 elements that are 1640 01:19:34,399 --> 01:19:37,579 beyond the scope of the local government code or our city 1641 01:19:37,579 --> 01:19:39,199 ordinances that do or 1642 01:19:39,199 --> 01:19:42,229 do not allow these kind of things to come into place and 1643 01:19:42,229 --> 01:19:43,439 would encourage to 1644 01:19:43,439 --> 01:19:48,250 have some kind of a backup plan in case we have a backlog 1645 01:19:48,250 --> 01:19:49,119 of developments that 1646 01:19:49,119 --> 01:19:53,520 can't happen because developers cannot accomplish this I 1647 01:19:53,520 --> 01:19:55,079 was surprised to hear 1648 01:19:55,079 --> 01:19:58,029 that the three-way agreement as we have it is not in 1649 01:19:58,029 --> 01:19:59,600 compliant with the local 1650 01:19:59,600 --> 01:20:03,029 government code my understanding was the reason three-way 1651 01:20:03,029 --> 01:20:03,640 agreements were 1652 01:20:03,640 --> 01:20:08,800 developed was so that the developer and the contractor were 1653 01:20:08,800 --> 01:20:09,760 in an agreement 1654 01:20:09,760 --> 01:20:13,050 together with the city and therefore the contractor was 1655 01:20:13,050 --> 01:20:17,960 providing the bonds in 1656 01:20:17,960 --> 01:20:20,939 accordance with the local government code but as it was 1657 01:20:20,939 --> 01:20:21,880 read tonight it 1658 01:20:21,880 --> 01:20:25,869 doesn't say provide the bonds it says execute the bond so I 1659 01:20:25,869 --> 01:20:26,840 'm not sure exactly 1660 01:20:26,840 --> 01:20:30,260 how that worked and I might suggest a little bit more look 1661 01:20:30,260 --> 01:20:31,439 into that but I do 1662 01:20:31,439 --> 01:20:35,359 appreciate the concern in the effort got the question sorry 1663 01:20:35,359 --> 01:20:35,760 for you go 1664 01:20:35,760 --> 01:20:38,739 commissioner thank you chair thank you mr. Allison for 1665 01:20:38,739 --> 01:20:40,079 being here and helping 1666 01:20:40,079 --> 01:20:43,930 provide some context from your perspective you said a 1667 01:20:43,930 --> 01:20:44,880 couple things 1668 01:20:44,880 --> 01:20:49,579 that I wanted to clarify specifically you brought up the 1669 01:20:49,579 --> 01:20:51,359 idea of the the need 1670 01:20:51,359 --> 01:20:55,670 for a contractor city agreement whether that needs to be 1671 01:20:55,670 --> 01:20:57,399 there or not which I 1672 01:20:57,399 --> 01:21:01,119 think is a valid question but you also said earlier the 1673 01:21:01,119 --> 01:21:02,920 idea of duplicate bonds 1674 01:21:02,920 --> 01:21:04,930 being issued of the developer performance bond and the 1675 01:21:04,930 --> 01:21:05,399 contractor 1676 01:21:05,399 --> 01:21:09,399 performance bond and then lastly you were talking about 1677 01:21:09,399 --> 01:21:10,479 rightfully the 1678 01:21:10,479 --> 01:21:15,510 difficulty a developer might have in getting a performance 1679 01:21:15,510 --> 01:21:16,960 bond putting all 1680 01:21:16,960 --> 01:21:19,380 those together if we don't have a contractor agreement and 1681 01:21:19,380 --> 01:21:20,600 you don't in the 1682 01:21:20,600 --> 01:21:23,829 performance bond on the developer is hard to get then that 1683 01:21:23,829 --> 01:21:24,640 effectively 1684 01:21:24,640 --> 01:21:28,380 removes any bonds does that make sense and how do we go 1685 01:21:28,380 --> 01:21:30,039 about oh it wouldn't 1686 01:21:30,039 --> 01:21:32,760 remove the bonds that kill the project right wouldn't have 1687 01:21:32,760 --> 01:21:33,399 a project but you 1688 01:21:33,399 --> 01:21:38,750 have the bond on the contractor well but you couldn't but 1689 01:21:38,750 --> 01:21:39,680 your plat wouldn't be 1690 01:21:39,680 --> 01:21:41,779 filed you couldn't go to work because you don't have your 1691 01:21:41,779 --> 01:21:42,680 developer agreement 1692 01:21:42,680 --> 01:21:46,020 with the developer and his bond is required by the local 1693 01:21:46,020 --> 01:21:48,359 government code so 1694 01:21:48,359 --> 01:21:51,479 to put the steps in place first you have to have a two-way 1695 01:21:51,479 --> 01:21:52,359 agreement with the 1696 01:21:52,359 --> 01:21:58,060 developer where you obtain the bond under that developers 1697 01:21:58,060 --> 01:22:00,119 agreement with 1698 01:22:00,119 --> 01:22:03,880 that bond in place why do you need another performance bond 1699 01:22:03,880 --> 01:22:04,399 from the 1700 01:22:04,399 --> 01:22:08,420 contractor to bond the same project that the developers 1701 01:22:08,420 --> 01:22:10,960 already bonded I think I 1702 01:22:10,960 --> 01:22:13,489 track with that but you also have a concern about the 1703 01:22:13,489 --> 01:22:15,239 developer procuring 1704 01:22:15,239 --> 01:22:18,319 the bond to begin with as well though correct in many cases 1705 01:22:18,319 --> 01:22:19,319 yes and that's 1706 01:22:19,319 --> 01:22:22,439 just a practical consideration sure sure that's where we 1707 01:22:22,439 --> 01:22:23,720 would need input from 1708 01:22:23,720 --> 01:22:30,920 both banks and or fine financers and bonding companies in 1709 01:22:30,920 --> 01:22:33,279 detail is to it's 1710 01:22:33,279 --> 01:22:36,130 easy to call up a bonding company surety and say would you 1711 01:22:36,130 --> 01:22:37,119 bond oh yeah we do 1712 01:22:37,119 --> 01:22:40,199 that all the time but what are their conditions what are 1713 01:22:40,199 --> 01:22:41,000 their requirements 1714 01:22:41,000 --> 01:22:45,119 and prerequisites may be very difficult for developers to 1715 01:22:45,119 --> 01:22:46,079 comply with their 1716 01:22:46,079 --> 01:22:49,800 qualification requirements I know staff talked to surety 1717 01:22:49,800 --> 01:22:52,199 providers was there any 1718 01:22:52,199 --> 01:22:55,380 explicit detail about how a bond is issued to a developer 1719 01:22:55,380 --> 01:22:56,159 and what the 1720 01:22:56,159 --> 01:22:59,760 requirements are for that type of surety performance bond 1721 01:22:59,760 --> 01:23:00,680 is that a question for 1722 01:23:00,680 --> 01:23:04,680 staff that is for a question for staff sure I think it's a 1723 01:23:04,680 --> 01:23:07,800 valid point in my own 1724 01:23:07,800 --> 01:23:12,869 personal discussion with a surety we did not get into that 1725 01:23:12,869 --> 01:23:14,319 level of specific 1726 01:23:14,319 --> 01:23:20,600 specificity others at the city may have I'm not sure okay 1727 01:23:20,600 --> 01:23:22,880 but you know I will 1728 01:23:22,880 --> 01:23:28,619 just say we appreciate Lee's input these are good points to 1729 01:23:28,619 --> 01:23:29,479 consider and we will 1730 01:23:29,479 --> 01:23:36,079 consider them we still have some some improvements and 1731 01:23:36,079 --> 01:23:37,319 tweaks to make in this 1732 01:23:37,319 --> 01:23:42,609 process in these forms and it's it's not too late to make 1733 01:23:42,609 --> 01:23:44,520 them and and we will 1734 01:23:44,520 --> 01:23:48,119 keep these concerns in mind as we finalize these I 1735 01:23:48,119 --> 01:23:49,319 appreciate that and 1736 01:23:49,319 --> 01:23:54,180 Manal said in work session the the priority to keep this 1737 01:23:54,180 --> 01:23:55,199 going and the 1738 01:23:55,199 --> 01:23:58,590 importance of this for projects but I don't want to 1739 01:23:58,590 --> 01:24:01,359 sacrifice good developer 1740 01:24:01,359 --> 01:24:05,289 and contractor language to get projects done at the risk of 1741 01:24:05,289 --> 01:24:06,239 an urgency to 1742 01:24:06,239 --> 01:24:09,800 process this so my concern would be if mr. Allison and 1743 01:24:09,800 --> 01:24:11,319 other developers who 1744 01:24:11,319 --> 01:24:14,300 hopefully will be talked to you have concerns goes back to 1745 01:24:14,300 --> 01:24:14,840 my initial 1746 01:24:14,840 --> 01:24:18,210 question can we approve the framework with those type of 1747 01:24:18,210 --> 01:24:19,560 things being changed 1748 01:24:19,560 --> 01:24:23,119 between now in council 1749 01:24:28,560 --> 01:24:30,510 commissioners oh absolutely what we can do is we can use 1750 01:24:30,510 --> 01:24:33,239 this next month to go 1751 01:24:33,239 --> 01:24:37,239 ahead and start fine-tuning and incorporate or discuss with 1752 01:24:37,239 --> 01:24:38,279 Lee Allison 1753 01:24:38,279 --> 01:24:40,350 and other members of the development community we have 1754 01:24:40,350 --> 01:24:41,119 reached out to a few 1755 01:24:41,119 --> 01:24:44,989 who seemed amenable but it wasn't a detailed conversation 1756 01:24:44,989 --> 01:24:46,000 at that time so 1757 01:24:46,000 --> 01:24:48,680 our intent is to get the ball rolling on this move forward 1758 01:24:48,680 --> 01:24:49,600 as a recommendation 1759 01:24:49,600 --> 01:24:54,800 with the conditions that you're discussing if if those 1760 01:24:54,800 --> 01:24:56,640 conditions are in 1761 01:24:56,640 --> 01:24:59,319 fact void once we determine how we want to do that we can 1762 01:24:59,319 --> 01:25:00,319 also iterate that at 1763 01:25:00,319 --> 01:25:03,300 the council meeting then upon further review and evaluation 1764 01:25:03,300 --> 01:25:03,960 with our legal 1765 01:25:03,960 --> 01:25:06,979 team and our engineering team that this was the best way to 1766 01:25:06,979 --> 01:25:07,880 approach it but 1767 01:25:07,880 --> 01:25:10,970 definitely we'll revisit the plat note or revisit the the 1768 01:25:10,970 --> 01:25:12,159 bonding requirements as 1769 01:25:12,159 --> 01:25:15,590 well and make sure all our eyes are dotted and teased 1770 01:25:15,590 --> 01:25:16,600 across and if we feel 1771 01:25:16,600 --> 01:25:19,130 we're not ready at that time we will not proceed so a 1772 01:25:19,130 --> 01:25:20,760 motion tonight could 1773 01:25:20,760 --> 01:25:23,649 include language that would require the condition to speak 1774 01:25:23,649 --> 01:25:24,520 to developers or 1775 01:25:24,520 --> 01:25:27,789 without explicitly putting language in how do we make that 1776 01:25:27,789 --> 01:25:28,880 motion so in terms 1777 01:25:28,880 --> 01:25:31,029 of your motion if you think you want to add a condition 1778 01:25:31,029 --> 01:25:31,880 that relates to the 1779 01:25:31,880 --> 01:25:34,729 residential component or removing the plat note you know 1780 01:25:34,729 --> 01:25:35,600 making sure that 1781 01:25:35,600 --> 01:25:38,119 there is no plat note attached to something that you saw in 1782 01:25:38,119 --> 01:25:38,239 your 1783 01:25:38,239 --> 01:25:42,319 presentation in terms of reaching out to the community or 1784 01:25:42,319 --> 01:25:43,720 or or as it relates to 1785 01:25:43,720 --> 01:25:47,619 the due process we have notified the request per our local 1786 01:25:47,619 --> 01:25:48,479 government code 1787 01:25:48,479 --> 01:25:52,199 requirements and public hearing has been set and we will 1788 01:25:52,199 --> 01:25:53,560 definitely reach out to 1789 01:25:53,560 --> 01:25:57,430 to Lee as well and he has some valid points definitely we 1790 01:25:57,430 --> 01:25:58,359 always seem to 1791 01:25:58,359 --> 01:26:04,640 meet and discuss issues such as these anyway we also have 1792 01:26:04,640 --> 01:26:06,000 the design criteria 1793 01:26:06,000 --> 01:26:07,840 manual that's moving forward so we're hoping to tie 1794 01:26:07,840 --> 01:26:09,560 everything in together if 1795 01:26:09,560 --> 01:26:11,729 there are conditions that you're proposing I would limit 1796 01:26:11,729 --> 01:26:12,199 them to the 1797 01:26:12,199 --> 01:26:15,239 ordinance opposed to you know we know we should meet with 1798 01:26:15,239 --> 01:26:16,399 the community if you 1799 01:26:16,399 --> 01:26:18,060 want to add that you're more than welcome to but we will 1800 01:26:18,060 --> 01:26:18,960 definitely reach 1801 01:26:18,960 --> 01:26:25,279 out to Lee tonight after tonight's meeting thank you I have 1802 01:26:25,279 --> 01:26:26,520 a couple of 1803 01:26:26,520 --> 01:26:30,470 comments along that with some of the points that mr. 1804 01:26:30,470 --> 01:26:33,960 Allison made is one of 1805 01:26:33,960 --> 01:26:36,260 the concerns I haven't I think we spoke about it between 1806 01:26:36,260 --> 01:26:36,920 work session is 1807 01:26:36,920 --> 01:26:40,060 currently it's requiring two sets of bonds so you're gonna 1808 01:26:40,060 --> 01:26:41,000 have double cost 1809 01:26:41,000 --> 01:26:45,260 you have a cost of rich taming bonds as a developer and a 1810 01:26:45,260 --> 01:26:47,199 cost of attaining the 1811 01:26:47,199 --> 01:26:51,029 same bonds as a contractor and I bonded a number of 1812 01:26:51,029 --> 01:26:52,760 projects and I can't recall 1813 01:26:52,760 --> 01:26:56,310 if there's a way to hold the bonds without them actually 1814 01:26:56,310 --> 01:26:57,439 going into full 1815 01:26:57,439 --> 01:27:01,319 effect and if then you got a contractor bond in place you 1816 01:27:01,319 --> 01:27:02,640 could just let the 1817 01:27:02,640 --> 01:27:07,840 developer ones expire I can't recall when those go 1818 01:27:07,840 --> 01:27:09,199 interactive I know we've 1819 01:27:09,199 --> 01:27:12,350 done that with a multitude of projects where we bid and 1820 01:27:12,350 --> 01:27:13,680 have to provide a bond 1821 01:27:13,680 --> 01:27:18,319 or evidence of a bond but unless you're awarded the project 1822 01:27:18,319 --> 01:27:19,880 you actually don't 1823 01:27:19,880 --> 01:27:24,409 incur the bonding cost and so there may be some discussions 1824 01:27:24,409 --> 01:27:25,760 with sureties on 1825 01:27:25,760 --> 01:27:29,829 exactly how that process would work where you're not duplic 1826 01:27:29,829 --> 01:27:30,920 ating bond costs 1827 01:27:30,920 --> 01:27:34,489 because they are expensive and the second point is is 1828 01:27:34,489 --> 01:27:36,479 accurate that it it 1829 01:27:36,479 --> 01:27:40,760 does it is a process it's not like getting car insurance 1830 01:27:40,760 --> 01:27:42,279 there is a pretty 1831 01:27:42,279 --> 01:27:47,090 good process to get bonding it is based upon experience and 1832 01:27:47,090 --> 01:27:48,399 a track record and 1833 01:27:48,399 --> 01:27:55,960 it is a period of time typically that you are able to build 1834 01:27:55,960 --> 01:27:57,199 up a history of 1835 01:27:57,199 --> 01:28:01,050 performance that you do projects complete projects in a 1836 01:28:01,050 --> 01:28:02,359 timely manner and 1837 01:28:02,359 --> 01:28:05,359 all the other things to be able to get larger and larger 1838 01:28:05,359 --> 01:28:06,600 and larger bonds and 1839 01:28:06,600 --> 01:28:13,130 as part of that also having the financial backing to be 1840 01:28:13,130 --> 01:28:14,800 able to stand 1841 01:28:14,800 --> 01:28:17,899 behind and get those issued so I think those are valid 1842 01:28:17,899 --> 01:28:19,119 points that are the 1843 01:28:19,119 --> 01:28:23,939 details that are a very good idea I think it is again a 1844 01:28:23,939 --> 01:28:25,520 good idea to go down 1845 01:28:25,520 --> 01:28:28,829 this road to try to streamline it but I do think we need to 1846 01:28:28,829 --> 01:28:29,880 look into those 1847 01:28:29,880 --> 01:28:33,510 couple of areas specifically and make sure that this has 1848 01:28:33,510 --> 01:28:35,119 the intended outcome 1849 01:28:35,119 --> 01:28:39,199 at the back end that we intend on the front end of making 1850 01:28:39,199 --> 01:28:40,479 it easier and more 1851 01:28:40,479 --> 01:28:47,800 streamlined with that I don't know that we have anyone else 1852 01:28:47,800 --> 01:28:49,060 that would like to 1853 01:28:49,060 --> 01:28:51,939 speak I don't have anybody else here on the board but I 1854 01:28:51,939 --> 01:28:53,119 will make one final call 1855 01:28:53,119 --> 01:28:56,569 that this is a public hearing and if there's anyone who 1856 01:28:56,569 --> 01:28:57,819 would like to come 1857 01:28:57,819 --> 01:29:02,720 forward to please do so at this time and seeing none I will 1858 01:29:02,720 --> 01:29:03,939 close the public 1859 01:29:03,939 --> 01:29:07,390 hearing and I will open the floor for discussion or a 1860 01:29:07,390 --> 01:29:08,420 motion Commissioner 1861 01:29:08,420 --> 01:29:13,399 Roselle thank you chair I would love to see this go forward 1862 01:29:13,399 --> 01:29:14,760 I am at a loss of 1863 01:29:14,760 --> 01:29:22,229 how to word a motion and I I I worry about the motion not 1864 01:29:22,229 --> 01:29:23,439 being right if it's 1865 01:29:23,439 --> 01:29:31,479 done spot spontaneously so I'm wondering if it would it 1866 01:29:31,479 --> 01:29:33,159 would make sense not to 1867 01:29:33,159 --> 01:29:36,500 lag the process down but to continue the item to the next 1868 01:29:36,500 --> 01:29:37,640 meeting so that we 1869 01:29:37,640 --> 01:29:41,079 could have opportunities to talk to mr. Allison and kind of 1870 01:29:41,079 --> 01:29:42,039 shore up some of 1871 01:29:42,039 --> 01:29:45,310 these things about the residential language the chair had 1872 01:29:45,310 --> 01:29:46,159 mentioned the 1873 01:29:46,159 --> 01:29:51,670 plat language that prevents sales this double bonding issue 1874 01:29:51,670 --> 01:29:53,119 and even the idea 1875 01:29:53,119 --> 01:29:58,510 of a contract contractor city agreement and the need for 1876 01:29:58,510 --> 01:30:00,159 that and so some of 1877 01:30:00,159 --> 01:30:03,640 those concerns seem that's five right there just to put 1878 01:30:03,640 --> 01:30:04,840 motion with those 1879 01:30:04,840 --> 01:30:08,949 conditions to move it to council and this body not even be 1880 01:30:08,949 --> 01:30:10,000 able to see it 1881 01:30:10,000 --> 01:30:13,890 again it just go to council with the hope that that's tough 1882 01:30:13,890 --> 01:30:15,000 for sure let's 1883 01:30:15,000 --> 01:30:18,710 make an inquiry to staff if we continue this to our next 1884 01:30:18,710 --> 01:30:20,720 meeting the 27th does 1885 01:30:20,720 --> 01:30:24,409 that allow you all to continue on the timeline that you're 1886 01:30:24,409 --> 01:30:25,239 working towards 1887 01:30:25,239 --> 01:30:28,770 with council chair person strange if I'm not mistaken we 1888 01:30:28,770 --> 01:30:31,520 are optimistic the 1889 01:30:31,520 --> 01:30:34,890 we're optimistic that we can hit the October 17th council 1890 01:30:34,890 --> 01:30:35,880 meeting for this 1891 01:30:35,880 --> 01:30:39,180 item which means we could actually push this item to make 1892 01:30:39,180 --> 01:30:40,199 sure we address 1893 01:30:40,199 --> 01:30:43,399 Commissioner Roselle's mr. Allison's and of course your 1894 01:30:43,399 --> 01:30:44,560 concerns and questions 1895 01:30:44,560 --> 01:30:46,529 that did come up we want to make sure that we do have the 1896 01:30:46,529 --> 01:30:47,239 right answers we 1897 01:30:47,239 --> 01:30:50,279 believe we do but we want to be able to clearly articulate 1898 01:30:50,279 --> 01:30:51,359 those to yourselves I 1899 01:30:51,359 --> 01:30:54,479 would recommend we push to the first meeting on October 1900 01:30:54,479 --> 01:30:55,840 which would still 1901 01:30:55,840 --> 01:30:59,000 give us time to hit the council meeting if I'm not mistaken 1902 01:30:59,000 --> 01:31:00,560 and I need our legal 1903 01:31:00,560 --> 01:31:04,029 councils be available too so I'm looking at my calendar and 1904 01:31:04,029 --> 01:31:04,720 I'm actually gonna 1905 01:31:04,720 --> 01:31:08,970 look to Shandrin when is the first meeting in October do 1906 01:31:08,970 --> 01:31:09,880 you know that's 1907 01:31:09,880 --> 01:31:21,520 October 11th if if that would be cutting it close are you 1908 01:31:21,520 --> 01:31:22,479 sure you want it the 1909 01:31:22,479 --> 01:31:25,880 11th or the do you want the 27th which is the next meeting 1910 01:31:25,880 --> 01:31:27,199 right but the 27th 1911 01:31:27,199 --> 01:31:29,409 we might have some absences and I want to make sure that we 1912 01:31:29,409 --> 01:31:30,039 have the right 1913 01:31:30,039 --> 01:31:37,229 people at the table to have the conversation and you know 1914 01:31:37,229 --> 01:31:41,079 hopefully we 1915 01:31:41,079 --> 01:31:43,930 don't get to that point but we it gives us the three weeks 1916 01:31:43,930 --> 01:31:44,640 to actually 1917 01:31:44,640 --> 01:31:48,750 diligently pursue answers to these questions you would have 1918 01:31:48,750 --> 01:31:49,800 to reopen the 1919 01:31:49,800 --> 01:31:52,470 public hearing because I heard you close it so you'll have 1920 01:31:52,470 --> 01:31:53,159 to reopen it to 1921 01:31:53,159 --> 01:31:57,500 continue so we don't have to re-notice it just as kind of 1922 01:31:57,500 --> 01:31:58,479 as we're brainstorming 1923 01:31:58,479 --> 01:32:02,529 here if we did it to the 27th and we aren't able to get all 1924 01:32:02,529 --> 01:32:03,399 of this addressed 1925 01:32:03,399 --> 01:32:07,680 then it could possibly push on to October the 11th if we 1926 01:32:07,680 --> 01:32:08,680 are able to do it 1927 01:32:08,680 --> 01:32:12,689 it's done and if not we then get a little bit I think that 1928 01:32:12,689 --> 01:32:13,359 's a fantastic idea 1929 01:32:13,359 --> 01:32:17,760 yes absolutely okay and as a point of order since we are 1930 01:32:17,760 --> 01:32:18,920 going to continue 1931 01:32:18,920 --> 01:32:23,359 some here and I'd be my motion be a motion we'll can rest 1932 01:32:23,359 --> 01:32:24,000 ate that here in a 1933 01:32:24,000 --> 01:32:29,239 minute I'm going to reopen this item and I'm gonna give the 1934 01:32:29,239 --> 01:32:31,319 number is item DCA 1935 01:32:31,319 --> 01:32:36,760 17 - 0 0 1 0 I had closed it inadvertently before the 1936 01:32:36,760 --> 01:32:37,520 discussion of 1937 01:32:37,520 --> 01:32:42,350 continuation so we will reopen this item and it will be 1938 01:32:42,350 --> 01:32:43,439 continued to a date 1939 01:32:43,439 --> 01:32:47,960 certain and we will look for a motion here to set that date 1940 01:32:47,960 --> 01:32:51,479 so I'd motion to 1941 01:32:51,479 --> 01:32:59,039 continue item DCA 17 - 0 1 0 to date certain September 27th 1942 01:32:59,039 --> 01:32:59,199 okay 1943 01:32:59,199 --> 01:33:02,479 Commissioner Smith I second that motion okay we have a 1944 01:33:02,479 --> 01:33:03,840 first and a second to 1945 01:33:03,840 --> 01:33:10,760 continue to September the 27th of this item any discussion 1946 01:33:10,760 --> 01:33:13,800 seeing none I'll call 1947 01:33:13,800 --> 01:33:16,800 for a vote on the board 1948 01:33:21,760 --> 01:33:24,529 the motion to continue passes and thank you everyone for a 1949 01:33:24,529 --> 01:33:27,359 great presentation 1950 01:33:27,359 --> 01:33:31,649 and I think a very good discussion with a number of good 1951 01:33:31,649 --> 01:33:33,359 points for us to talk 1952 01:33:33,359 --> 01:33:38,500 about when this comes back also we're going to have to go 1953 01:33:38,500 --> 01:33:40,279 back in our agenda 1954 01:33:40,279 --> 01:33:45,829 to item C and D and I'm going to we're going to need to do 1955 01:33:45,829 --> 01:33:48,000 the same procedure 1956 01:33:48,000 --> 01:33:52,500 here to continue both of those items so we will do those 1957 01:33:52,500 --> 01:33:55,319 individually okay so at 1958 01:33:55,319 --> 01:34:01,359 this time I'm going to open item C which is Z 17 - 0 0 1 3 1959 01:34:01,359 --> 01:34:02,920 and the chair would 1960 01:34:02,920 --> 01:34:06,819 entertain a motion to keep this item open and continue it 1961 01:34:06,819 --> 01:34:08,079 to a date certain 1962 01:34:08,079 --> 01:34:12,399 of September the 27th Commissioner Roselle I motion to 1963 01:34:12,399 --> 01:34:14,479 continue items Z 17 - 1964 01:34:14,479 --> 01:34:20,420 13 to date certain September 27th okay Commissioner Smith I 1965 01:34:20,420 --> 01:34:21,439 second that motion 1966 01:34:21,439 --> 01:34:24,939 okay we have a first and a second to continue to September 1967 01:34:24,939 --> 01:34:26,159 27th any 1968 01:34:26,159 --> 01:34:32,890 discussion seeing none we'll call for a vote on board that 1969 01:34:32,890 --> 01:34:37,000 motion will carry 4 1970 01:34:37,000 --> 01:34:41,979 to 0 and at this time we will do the same thing on item D I 1971 01:34:41,979 --> 01:34:42,920 will open the 1972 01:34:42,920 --> 01:34:49,359 item to open the public hearing for Z 17 - 0 0 1 5 and the 1973 01:34:49,359 --> 01:34:50,720 chair would entertain 1974 01:34:50,720 --> 01:34:53,880 a motion to continue that item to September the 27th 1975 01:34:53,880 --> 01:34:54,800 Commissioner Roselle 1976 01:34:54,800 --> 01:35:00,520 thank you chair I move that we continue items Z 17 - 0 0 1 1977 01:35:00,520 --> 01:35:01,800 5 to a date certain of 1978 01:35:01,800 --> 01:35:05,720 September 27th Commissioner Smith I second that motion okay 1979 01:35:05,720 --> 01:35:06,359 we have a first 1980 01:35:06,359 --> 01:35:10,989 and a second to continue to September the 27th any 1981 01:35:10,989 --> 01:35:13,600 discussion seeing none we'll 1982 01:35:13,600 --> 01:35:24,840 call for a vote on the board and that motion carries 4 to 0 1983 01:35:24,840 --> 01:35:26,600 I'm just gonna 1984 01:35:26,600 --> 01:35:31,220 turn to legal I believe that is all of the items that we 1985 01:35:31,220 --> 01:35:32,319 had that's correct 1986 01:35:32,319 --> 01:35:38,359 cleaned up okay that will bring to a close our public 1987 01:35:38,359 --> 01:35:39,520 hearing section tonight 1988 01:35:39,520 --> 01:35:42,670 and that will move us to our final item which is going to 1989 01:35:42,670 --> 01:35:44,039 be our project matrix 1990 01:35:44,039 --> 01:35:48,319 Commissioner Roselle thank you chair Commissioner Beck 1991 01:35:48,319 --> 01:35:50,119 asked for a tree code 1992 01:35:50,119 --> 01:35:52,359 status update we're waiting on a special session at the 1993 01:35:52,359 --> 01:35:53,920 state to end since that's 1994 01:35:53,920 --> 01:35:57,750 concluded can we get that back on our agenda to figure out 1995 01:35:57,750 --> 01:35:58,720 what we're doing 1996 01:35:58,720 --> 01:36:07,199 about the tree code yes thank you 1997 01:36:13,640 --> 01:36:23,000 anybody else okay with that I will close our meeting at 725 1998 01:36:23,000 --> 01:36:24,159 this evening thank you 1999 01:36:24,159 --> 01:36:28,680 everyone and appreciate all the discussion tonight