1 00:00:00,000 --> 00:00:05,200 Zoning Commission work session for September the 27th 2017. 2 00:00:05,200 --> 00:00:06,540 This meeting's 3 00:00:06,540 --> 00:00:09,359 been duly posted and we do have a quorum present and I will 4 00:00:09,359 --> 00:00:10,439 call us to order at 5 00:00:10,439 --> 00:00:15,400 5 o 2 and at this time I will turn the meeting over to Ron 6 00:00:15,400 --> 00:00:16,559 for clarification 7 00:00:16,559 --> 00:00:21,519 of agenda items. Thank you chair. Before we get to the 8 00:00:21,519 --> 00:00:22,559 clarification for agenda 9 00:00:22,559 --> 00:00:26,660 items I wanted to take a few moments to introduce some 10 00:00:26,660 --> 00:00:29,039 staff members. First one 11 00:00:29,039 --> 00:00:33,719 is Scott McDonald our interim director of development 12 00:00:33,719 --> 00:00:35,560 services and then I'm 13 00:00:35,560 --> 00:00:41,420 gonna have Jerry introduce Victor since he... Sure from 14 00:00:41,420 --> 00:00:42,679 down in the proud city of 15 00:00:42,679 --> 00:00:48,759 McAllen Texas Victor Flores joins us as a deputy city 16 00:00:48,759 --> 00:00:53,719 attorney. Okay so the first 17 00:00:53,719 --> 00:00:58,990 one is a plaque and I'm gonna have Julie come up and make 18 00:00:58,990 --> 00:01:01,799 that presentation. 19 00:01:06,120 --> 00:01:09,359 Hey Julie before you get started I'm gonna need to recuse 20 00:01:09,359 --> 00:01:10,879 myself on this 21 00:01:10,879 --> 00:01:15,920 item A and since it's a consent agenda I'll probably just 22 00:01:15,920 --> 00:01:17,599 stay out of the next 23 00:01:17,599 --> 00:01:21,349 item as well just hopefully it'll go quickly and then I was 24 00:01:21,349 --> 00:01:21,879 going to ask 25 00:01:21,879 --> 00:01:25,640 because I have a second item which is unusual to have this 26 00:01:25,640 --> 00:01:26,640 many for me but 27 00:01:26,640 --> 00:01:30,109 item B I'll need to recuse myself on that so if you all 28 00:01:30,109 --> 00:01:31,920 want to take that in 29 00:01:31,920 --> 00:01:35,599 out of order and just follow the consent agenda and I'll 30 00:01:35,599 --> 00:01:37,040 just recuse myself for 31 00:01:37,040 --> 00:01:39,500 both of those items then come back so we don't have to do 32 00:01:39,500 --> 00:01:40,640 musical chairs of me 33 00:01:40,640 --> 00:01:46,640 here and gone and back and forth if that's okay. Yes. 34 00:01:51,920 --> 00:02:01,680 All right so this is a preliminary plot for a single-family 35 00:02:01,680 --> 00:02:05,120 residential 36 00:02:05,120 --> 00:02:11,199 subdivision it's Evers way it it is located on North Locust 37 00:02:11,199 --> 00:02:12,840 and this will be 38 00:02:12,840 --> 00:02:12,840 Hercules Lane and I'll stand for any questions that you 39 00:02:12,840 --> 00:02:20,000 have. 40 00:02:21,879 --> 00:02:24,879 Commissioner Sanchez. 41 00:02:41,879 --> 00:02:42,520 I'm gonna I'm gonna call Jim Jinx up with DRC engineering 42 00:02:42,520 --> 00:02:46,240 he can more fully 43 00:02:46,240 --> 00:02:49,319 explain here. Tristan Trail well you have Tristan Trail 44 00:02:49,319 --> 00:02:50,199 that's a that's a road 45 00:02:50,199 --> 00:02:54,000 straight right that goes lead right into Hercules okay okay 46 00:02:54,000 --> 00:02:55,039 I just wasn't sure 47 00:02:55,039 --> 00:02:57,930 because it also called it so all your utilities are coming 48 00:02:57,930 --> 00:02:58,759 on that on that 49 00:02:58,759 --> 00:03:03,870 road because I believe it called it an easement utility eas 50 00:03:03,870 --> 00:03:04,280 ement. 51 00:03:04,280 --> 00:03:07,199 I see a label for four foot electrical easement looks like 52 00:03:07,199 --> 00:03:08,280 it's just outside. 53 00:03:08,280 --> 00:03:11,080 Just outside. Joe can I ask you to go to the mic. 54 00:03:11,080 --> 00:03:14,650 Keep forgetting. Okay there's a four foot electrical eas 55 00:03:14,650 --> 00:03:16,840 ement just outside of each 56 00:03:16,840 --> 00:03:20,680 right of way and then typically for the city utilities 57 00:03:20,680 --> 00:03:22,840 water sewer storm typical 58 00:03:22,840 --> 00:03:27,469 sections those are within the street right of way. Okay 59 00:03:27,469 --> 00:03:27,560 okay. 60 00:03:31,840 --> 00:03:36,000 Commissioner Beck. Thank you Mr. Chair. Just along the same 61 00:03:36,000 --> 00:03:38,120 line Jim then when they start 62 00:03:38,120 --> 00:03:43,240 this development Hercules will be linked from where it ends 63 00:03:43,240 --> 00:03:44,879 there Locust over into 64 00:03:44,879 --> 00:03:47,849 that housing development you'll be able to take Hercules 65 00:03:47,849 --> 00:03:49,639 all the way from near 66 00:03:49,639 --> 00:03:54,379 Discovery Park to Sherman Drive. Would that be a good guess 67 00:03:54,379 --> 00:03:59,240 ? This Evers way does 68 00:03:59,240 --> 00:04:03,939 not reach it by itself it does not reach far enough west to 69 00:04:03,939 --> 00:04:05,240 connect to the 70 00:04:05,240 --> 00:04:15,020 existing Hercules. It would connect to it would connect to 71 00:04:15,020 --> 00:04:16,240 Locust. 72 00:04:17,759 --> 00:04:21,600 We are going to widen we're going to take Hercules at least 73 00:04:21,600 --> 00:04:22,360 the length of the 74 00:04:22,360 --> 00:04:28,649 developer. Yes yes and we are in talks with the developer 75 00:04:28,649 --> 00:04:31,000 this this property as 76 00:04:31,000 --> 00:04:35,209 well as the adjacent property to the north whose frontage 77 00:04:35,209 --> 00:04:36,399 does extend further 78 00:04:36,399 --> 00:04:43,490 west and trying to work out an arrangement whereby the full 79 00:04:43,490 --> 00:04:44,360 width of 80 00:04:44,360 --> 00:04:46,980 Hercules is built the whole way for that connection. When 81 00:04:46,980 --> 00:04:47,879 they're working on this 82 00:04:47,879 --> 00:04:51,379 development? Yeah. As opposed to waiting for that area on 83 00:04:51,379 --> 00:04:52,240 the north. That's all 84 00:04:52,240 --> 00:04:56,339 that's a sort of all being discussed right now yeah and 85 00:04:56,339 --> 00:04:57,519 there are more or 86 00:04:57,519 --> 00:05:00,360 less at this point along with the DME substation kind of 87 00:05:00,360 --> 00:05:01,560 coming in the process 88 00:05:01,560 --> 00:05:06,959 together which is good. Okay thanks. 89 00:05:12,920 --> 00:05:17,910 Yes sir. I have another question. Commissioner Sanchez. Oh 90 00:05:17,910 --> 00:05:21,759 okay. On the here on the right side you have 91 00:05:21,759 --> 00:05:28,399 a two what is it? Can you pick it up a little bit? What's 92 00:05:28,399 --> 00:05:29,199 the name of that street? 93 00:05:29,199 --> 00:05:35,519 Locust. Go up a little bit. Oh this way? Yeah. Yes sir. 21 94 00:05:35,519 --> 00:05:37,800 64 and then you have 95 00:05:37,800 --> 00:05:42,970 Skeleton Street that comes it's inside that that subdiv 96 00:05:42,970 --> 00:05:45,240 ision is and I'm just 97 00:05:45,240 --> 00:05:48,829 curious it's becomes the exit is going to be where though 98 00:05:48,829 --> 00:05:49,439 the existing 99 00:05:49,439 --> 00:05:59,279 subdivision is it seems like is that correct? On to 2164? 100 00:06:02,279 --> 00:06:08,970 I was just curious. Okay it comes all the way down here. 101 00:06:08,970 --> 00:06:12,839 Okay right here. Okay. 102 00:06:12,839 --> 00:06:16,199 It seems like there's and I don't know if this if it's pert 103 00:06:16,199 --> 00:06:17,360 inent but it seems 104 00:06:17,360 --> 00:06:20,779 like that whole subdivision that they're building they're 105 00:06:20,779 --> 00:06:21,480 gonna have to come all 106 00:06:21,480 --> 00:06:25,800 the way down here is there is it pertinent to even ask if 107 00:06:25,800 --> 00:06:26,360 there should be 108 00:06:26,360 --> 00:06:32,120 another entry into 2164 so that it's all the all the 109 00:06:32,120 --> 00:06:33,360 traffic from this 110 00:06:33,360 --> 00:06:39,069 neighborhood it only has two exits and I'm just I don't 111 00:06:39,069 --> 00:06:40,680 know if that's part of 112 00:06:40,680 --> 00:06:46,990 this project would involve the connection of Hercules to 21 113 00:06:46,990 --> 00:06:48,959 64 and then 114 00:06:48,959 --> 00:06:51,839 they have an entrance shown off Hercules that Tristan Road. 115 00:06:51,839 --> 00:06:52,480 Right there's that exit 116 00:06:52,480 --> 00:06:55,839 right there going into Hercules and then the other one 117 00:06:55,839 --> 00:06:57,720 comes down Skeleton 118 00:06:57,720 --> 00:07:02,250 Road all the way down right and it comes in that that's a 119 00:07:02,250 --> 00:07:03,420 subdivision already 120 00:07:03,420 --> 00:07:07,670 exists so what I was my question is it seems like there's a 121 00:07:07,670 --> 00:07:09,000 lot of homes there 122 00:07:09,000 --> 00:07:12,160 you didn't have to go up to Hercules or have to come all 123 00:07:12,160 --> 00:07:14,459 the way down to exit 124 00:07:14,459 --> 00:07:19,560 out of that subdivision. I'm just curious. Can you explain 125 00:07:19,560 --> 00:07:22,879 the separation for roads 126 00:07:22,879 --> 00:07:27,319 and driveways for a subdivision? It seems like Mr. Sanchez 127 00:07:27,319 --> 00:07:28,560 is asking if there 128 00:07:28,560 --> 00:07:33,019 should there be a another entrance exit for this subdiv 129 00:07:33,019 --> 00:07:36,040 ision on 2164? 130 00:07:36,040 --> 00:07:43,240 Well I can tell you we've been in discussion with the 131 00:07:43,240 --> 00:07:44,680 applicant about a 132 00:07:44,680 --> 00:07:47,990 TIA to look at issues like that and you look at issues like 133 00:07:47,990 --> 00:07:51,279 turn lanes and to 134 00:07:51,279 --> 00:07:56,089 see what configuration would would work best. Some of that 135 00:07:56,089 --> 00:07:58,399 is not resolved here 136 00:07:58,399 --> 00:08:01,399 at the point of pruning plat and we don't really feel it 137 00:08:01,399 --> 00:08:02,279 has to be but it's 138 00:08:02,279 --> 00:08:04,709 certainly my final plat and it will be and we're in 139 00:08:04,709 --> 00:08:06,120 frequent discussions with 140 00:08:06,120 --> 00:08:10,889 the applicant about that with those concerns in mind. 141 00:08:10,889 --> 00:08:15,800 Commissioner Smith. 142 00:08:15,800 --> 00:08:21,189 Thank you Vice Chair. There is a response form with a woman 143 00:08:21,189 --> 00:08:22,040 who did request 144 00:08:22,040 --> 00:08:24,990 that she does not wish to sell. Can you give me quick 145 00:08:24,990 --> 00:08:26,920 clarification? Is there 146 00:08:26,920 --> 00:08:30,389 is there a purchasing happening here? That has to miss 147 00:08:30,389 --> 00:08:31,399 information on that. That 148 00:08:31,399 --> 00:08:33,809 actually has to do with one of the zoning cases that will 149 00:08:33,809 --> 00:08:34,559 be coming up. It 150 00:08:34,559 --> 00:08:44,000 lines up with I'm sorry it does. You're right. Apologies. 151 00:08:44,000 --> 00:08:47,879 Any other questions? Commissioner Sanchez. 152 00:08:47,879 --> 00:08:53,620 At the bottom you have what there I guess the right what do 153 00:08:53,620 --> 00:08:54,320 they call that? 154 00:08:54,320 --> 00:08:59,919 I can't I don't know. The water right there where those 155 00:08:59,919 --> 00:09:01,919 dotted lines are? Right 156 00:09:01,919 --> 00:09:05,899 here? A little bit to the left. Oh right here? Is that you 157 00:09:05,899 --> 00:09:07,240 have I guess some some 158 00:09:07,240 --> 00:09:10,200 ponds there, settlement ponds or something for that 159 00:09:10,200 --> 00:09:12,080 currently exist for 160 00:09:12,080 --> 00:09:17,899 the drainage? Is that is that correct? This is a drainage 161 00:09:17,899 --> 00:09:19,600 Eastman. Okay is that 162 00:09:19,600 --> 00:09:25,320 is that part of what was going to help the previous the McC 163 00:09:25,320 --> 00:09:27,440 amey Evers 164 00:09:27,440 --> 00:09:31,159 phase one and how is that going to affect if you if you get 165 00:09:31,159 --> 00:09:32,360 rid of those how 166 00:09:32,360 --> 00:09:36,500 are you going to take care of the drainage in that area in 167 00:09:36,500 --> 00:09:37,279 the other 168 00:09:37,279 --> 00:09:43,009 subdivision? I was assuming that's why they built those. I 169 00:09:43,009 --> 00:09:44,840 am not sure offhand 170 00:09:44,840 --> 00:09:52,429 what is in that easement now but there is a detention pond 171 00:09:52,429 --> 00:09:53,600 for McCamey Evers 172 00:09:53,600 --> 00:09:56,879 phase one down near their southern or southeast property 173 00:09:56,879 --> 00:10:00,480 corner and then we 174 00:10:00,480 --> 00:10:08,019 would be I believe that the drainage layout for phase two 175 00:10:08,019 --> 00:10:09,759 here basically 176 00:10:09,759 --> 00:10:16,159 connects to storm sewers that stub to the north property 177 00:10:16,159 --> 00:10:17,240 line of phase one 178 00:10:17,240 --> 00:10:21,250 that that would be tied to. So coming down the street I 179 00:10:21,250 --> 00:10:23,080 think Skeleton Way is 180 00:10:23,080 --> 00:10:29,960 one such street and as well as the Doris Drive here is my 181 00:10:29,960 --> 00:10:33,480 recollection. Okay. To 182 00:10:33,480 --> 00:10:35,539 clarify this is the preliminary plat so once this all gets 183 00:10:35,539 --> 00:10:36,159 vetted there'll be a 184 00:10:36,159 --> 00:10:40,120 final plat coming back to us for final approval? Yes. Okay. 185 00:10:40,120 --> 00:10:41,360 Yeah and as part of 186 00:10:41,360 --> 00:10:46,750 the final plat we review the construction plans so we give 187 00:10:46,750 --> 00:10:47,279 that a 188 00:10:47,279 --> 00:11:00,720 thorough look. Any other questions? Thank you very much Jim 189 00:11:00,720 --> 00:11:03,360 . So the next item is 190 00:11:03,360 --> 00:11:10,809 the preliminary plat for the Robeson Ranch unit 2-5. Julie 191 00:11:10,809 --> 00:11:11,679 would be making this 192 00:11:11,679 --> 00:11:16,860 presentation. So this this proposed preliminary plat is 193 00:11:16,860 --> 00:11:18,419 within the Robeson 194 00:11:18,419 --> 00:11:22,830 Ranch plan development and it is for a single-family 195 00:11:22,830 --> 00:11:24,919 residential development 196 00:11:24,919 --> 00:11:26,940 that is in accordance with the plan development 197 00:11:26,940 --> 00:11:29,200 requirements. It does meet 198 00:11:29,200 --> 00:11:31,419 the technical requirements as well not only for the 199 00:11:31,419 --> 00:11:32,600 engineering but also for 200 00:11:32,600 --> 00:11:35,750 the gas well the nearby gas wells as well. So I'll stand 201 00:11:35,750 --> 00:11:37,039 for any questions and 202 00:11:37,039 --> 00:11:39,820 Jim's here if you have any engineering ones. Commissioner 203 00:11:39,820 --> 00:11:41,360 Beck. Thank you Vice 204 00:11:41,360 --> 00:11:45,049 Chair. In relation to the gas wells I just was kind of 205 00:11:45,049 --> 00:11:47,320 confused the asterisk and on 206 00:11:47,320 --> 00:11:51,190 the notes down there it points out that the asterisk den 207 00:11:51,190 --> 00:11:52,559 otes those lots that are 208 00:11:52,559 --> 00:11:55,289 within a thousand feet of gas well drilling and production 209 00:11:55,289 --> 00:11:56,840 site and the 210 00:11:56,840 --> 00:12:01,039 measurement was like was in there was one inch for 200 feet 211 00:12:01,039 --> 00:12:02,539 so actually not 212 00:12:02,539 --> 00:12:06,679 all those lots are within 1,000 feet so I was wondering why 213 00:12:06,679 --> 00:12:07,879 they went ahead and 214 00:12:07,879 --> 00:12:11,120 marked them as such anyway. I can't answer that for that 215 00:12:11,120 --> 00:12:13,799 for the applicant. We have 216 00:12:13,799 --> 00:12:17,809 reviewed it and within this boundary line. That was my next 217 00:12:17,809 --> 00:12:19,240 question on the south side of 218 00:12:19,240 --> 00:12:22,330 Creekwood is the boundary line. Yes sir. Yeah and it seemed 219 00:12:22,330 --> 00:12:23,519 like all of Kirkwood 220 00:12:23,519 --> 00:12:25,980 would be eliminated if that were the boundary line using 221 00:12:25,980 --> 00:12:26,919 the measurement on 222 00:12:26,919 --> 00:12:30,649 the plat so I was just curious why that was there and since 223 00:12:30,649 --> 00:12:31,799 this is a preliminary 224 00:12:31,799 --> 00:12:34,799 plan we can probably deal with it later too. Yes sir. Okay 225 00:12:34,799 --> 00:12:38,919 thank you. Any other 226 00:12:38,919 --> 00:12:47,080 questions? Thank you Julie. I think Julie if we go ahead 227 00:12:47,080 --> 00:12:48,480 and move to the first 228 00:12:48,480 --> 00:12:55,649 public hearing item Z1713A. All right. Vice Chair yes we're 229 00:12:55,649 --> 00:12:57,759 gonna move to item B. Correct. 230 00:12:57,759 --> 00:13:02,179 Apologies. So that we can discuss this and then bring Chair 231 00:13:02,179 --> 00:13:03,480 Strange back for 232 00:13:03,480 --> 00:13:07,289 the first item. All right so I'm Julie Wyatt, senior 233 00:13:07,289 --> 00:13:08,600 planner at the city of Denton and 234 00:13:08,600 --> 00:13:12,879 I'm presenting Z1715 McKinney-Mayhill. So the request 235 00:13:12,879 --> 00:13:14,139 before you is to hold a 236 00:13:14,139 --> 00:13:16,000 public hearing and consider a read of making a 237 00:13:16,000 --> 00:13:17,240 recommendation regarding a 238 00:13:17,240 --> 00:13:22,480 rezoning on 73 acres from ECI district to CMG district. 239 00:13:22,480 --> 00:13:24,200 Just to orient you the 240 00:13:24,200 --> 00:13:28,179 site is located or situated in the east side of town at the 241 00:13:28,179 --> 00:13:29,360 corner of McKinney 242 00:13:29,360 --> 00:13:37,480 and Loop 288. Currently as a zoning designation of ECI it 243 00:13:37,480 --> 00:13:38,799 also has frontage 244 00:13:38,799 --> 00:13:44,559 along Loop 288, McKinney, Market Street and then also the 245 00:13:44,559 --> 00:13:46,120 future alignment of 246 00:13:46,120 --> 00:13:50,679 Mayhill. So there's quite a bit of access to the property. 247 00:13:50,679 --> 00:13:52,799 There's some 248 00:13:52,799 --> 00:13:55,000 existing development on the site so I just want to go over 249 00:13:55,000 --> 00:13:55,720 that briefly and 250 00:13:55,720 --> 00:13:58,299 just let you know what's going on on the site. So first of 251 00:13:58,299 --> 00:13:59,639 all there's an existing 252 00:13:59,639 --> 00:14:02,399 vacant building to the north and I believe that is being 253 00:14:02,399 --> 00:14:03,240 redeveloped as a 254 00:14:03,240 --> 00:14:07,799 community service use. There are also some warehouses to 255 00:14:07,799 --> 00:14:09,360 the south. 256 00:14:09,360 --> 00:14:15,080 Commissioner Beck. Thank you Vice Chair. On that building 257 00:14:15,080 --> 00:14:16,840 does not serve, didn't 258 00:14:16,840 --> 00:14:20,519 occupy part of that building? I believe it does. I think I 259 00:14:20,519 --> 00:14:21,120 saw that in the paper. 260 00:14:21,120 --> 00:14:27,279 Okay so in regards to that are they moving or will they be 261 00:14:27,279 --> 00:14:27,919 staying there? 262 00:14:27,919 --> 00:14:31,600 Commissioner Smith. Yes, Sir Denton does actually own that 263 00:14:31,600 --> 00:14:32,759 building now according to the 264 00:14:32,759 --> 00:14:35,100 to the past executive director and one of the board members 265 00:14:35,100 --> 00:14:36,519 Pat Smith. They do 266 00:14:36,519 --> 00:14:38,570 own it so that was actually gonna be a question of mine. 267 00:14:38,570 --> 00:14:40,159 They own that building 268 00:14:40,159 --> 00:14:44,200 now. They have not received notification nor have they 269 00:14:44,200 --> 00:14:44,720 talked to 270 00:14:44,720 --> 00:14:48,320 anybody talked to them whatsoever about the zoning issue. 271 00:14:48,320 --> 00:14:49,519 That was owned by the 272 00:14:49,519 --> 00:14:51,620 building was previously owned by the person who's 273 00:14:51,620 --> 00:14:52,879 requesting the rezoning as 274 00:14:52,879 --> 00:14:55,960 well so I don't know if that's been clarifiable or not but 275 00:14:55,960 --> 00:14:56,779 yes they do own 276 00:14:56,779 --> 00:14:59,860 it they're owning the entire building now correct. 277 00:14:59,860 --> 00:15:03,240 Commissioner Beck. Are they currently occupying the 278 00:15:03,240 --> 00:15:03,799 building? 279 00:15:03,799 --> 00:15:06,340 They're currently remodeling it yes. Okay so nobody's occup 280 00:15:06,340 --> 00:15:09,240 ying it right now but they do plan on getting a certificate 281 00:15:09,240 --> 00:15:10,159 of occupancy. 282 00:15:10,159 --> 00:15:13,639 Well those are some great comments and what I'll do is I 283 00:15:13,639 --> 00:15:14,279 can talk with the 284 00:15:14,279 --> 00:15:16,960 applicant before the regular meeting and get some 285 00:15:16,960 --> 00:15:19,320 clarification on that. There's 286 00:15:19,320 --> 00:15:23,159 also three warehouses on the on the site. There was a 287 00:15:23,159 --> 00:15:25,039 previous lumberyard I don't 288 00:15:25,039 --> 00:15:28,419 know if anybody remembers that in this location and there 289 00:15:28,419 --> 00:15:29,320 are some trees 290 00:15:29,320 --> 00:15:33,460 there's the heavily treed in the center part of the site 291 00:15:33,460 --> 00:15:34,559 and an environmentally 292 00:15:34,559 --> 00:15:37,370 sensitive area assessment will need to be done prior to 293 00:15:37,370 --> 00:15:38,679 development to determine 294 00:15:38,679 --> 00:15:42,039 if that tree area is upland habitat so that would happen at 295 00:15:42,039 --> 00:15:42,799 the development 296 00:15:42,799 --> 00:15:45,539 stage it's not really something considered at the plot at 297 00:15:45,539 --> 00:15:46,120 the zoning 298 00:15:46,120 --> 00:15:51,100 stage but it is something to that will be addressed in the 299 00:15:51,100 --> 00:15:53,200 future. So we look at 300 00:15:53,200 --> 00:15:57,039 the compatibility and the surrounding zoning and uses. 301 00:15:57,039 --> 00:15:58,120 First we look at what's 302 00:15:58,120 --> 00:16:02,220 immediately adjacent to the site so as we've talked about 303 00:16:02,220 --> 00:16:03,440 the subject property 304 00:16:03,440 --> 00:16:06,990 has an ECI zoning designation there's also some adjacent EC 305 00:16:06,990 --> 00:16:08,039 I there's some self 306 00:16:08,039 --> 00:16:11,399 storage included in that there's some office uses as well 307 00:16:11,399 --> 00:16:12,320 as some vehicle 308 00:16:12,320 --> 00:16:18,029 repair across McKinney there's CMG and CME and those areas 309 00:16:18,029 --> 00:16:19,039 are developed with 310 00:16:19,039 --> 00:16:23,080 commercial development and multifamily. In this area there 311 00:16:23,080 --> 00:16:24,399 's some NRMU zoning 312 00:16:24,399 --> 00:16:28,879 with developed with multifamily. As we zoom out a little 313 00:16:28,879 --> 00:16:31,399 further there are 314 00:16:31,399 --> 00:16:36,559 there's RD5X off to the east that has office some office 315 00:16:36,559 --> 00:16:37,960 use single family and 316 00:16:37,960 --> 00:16:42,639 also agriculture. NR2 is in this location developed with 317 00:16:42,639 --> 00:16:44,679 the school there's also 318 00:16:44,679 --> 00:16:48,429 NRMU 12 in this location with multifamily and then that 319 00:16:48,429 --> 00:16:49,120 there's a 320 00:16:49,120 --> 00:16:52,419 single-family residential neighborhood here which has an NR 321 00:16:52,419 --> 00:16:53,440 4 zoning district so 322 00:16:53,440 --> 00:17:00,970 there's quite a mix of uses in the area. And what I really 323 00:17:00,970 --> 00:17:02,399 want to focus on on 324 00:17:02,399 --> 00:17:05,400 this slide is mobility because it kind of affects not only 325 00:17:05,400 --> 00:17:06,400 the development of 326 00:17:06,400 --> 00:17:11,160 this type of the zoning so we've got several large roads in 327 00:17:11,160 --> 00:17:11,839 this area. First 328 00:17:11,839 --> 00:17:16,039 of all McKinney which is a secondary arterial. A secondary 329 00:17:16,039 --> 00:17:16,839 arterial is 330 00:17:16,839 --> 00:17:21,339 intended to move move citizens throughout different areas 331 00:17:21,339 --> 00:17:22,640 of the city. 332 00:17:22,640 --> 00:17:27,000 Also you've got an arterial here you've got the loop as 333 00:17:27,000 --> 00:17:28,680 most know it's kind of a 334 00:17:28,680 --> 00:17:31,809 commercial corridor especially in this area and arterials 335 00:17:31,809 --> 00:17:32,920 are intended to once 336 00:17:32,920 --> 00:17:36,390 again move people through the city and also into and out of 337 00:17:36,390 --> 00:17:37,519 the city so that's 338 00:17:37,519 --> 00:17:42,400 the intent of that arterial. We've also have collectors 339 00:17:42,400 --> 00:17:44,079 north of the subject 340 00:17:44,079 --> 00:17:49,140 property as well as Mills is a collector and then and then 341 00:17:49,140 --> 00:17:50,559 we have the future 342 00:17:50,559 --> 00:17:54,559 alignment of Mayhill and and it's it's not finished being 343 00:17:54,559 --> 00:17:55,920 built yet but it's 344 00:17:55,920 --> 00:17:59,960 going to affect this subject property as it's going to be 345 00:17:59,960 --> 00:18:01,319 adjacent to it. And I 346 00:18:01,319 --> 00:18:04,240 wanted to spend a little more time on Mayhill because it's 347 00:18:04,240 --> 00:18:04,920 going to be a 348 00:18:04,920 --> 00:18:09,859 pretty a pretty dominant road on that side of town at some 349 00:18:09,859 --> 00:18:10,759 point in the in the 350 00:18:10,759 --> 00:18:14,869 near future. So I zoomed out a little further and we can 351 00:18:14,869 --> 00:18:16,359 see this the subject 352 00:18:16,359 --> 00:18:21,039 property is this yellow star and and Mayhill is going to go 353 00:18:21,039 --> 00:18:22,200 continue north 354 00:18:22,200 --> 00:18:25,619 from the subject property and it will also connect to the 355 00:18:25,619 --> 00:18:27,440 south to 2499 at 356 00:18:27,440 --> 00:18:32,019 Teasley so it will link Denton to DFW Airport essentially 357 00:18:32,019 --> 00:18:32,599 so it's going to be 358 00:18:32,599 --> 00:18:38,730 a real regional thoroughfare. The Denton plan 2030 359 00:18:38,730 --> 00:18:40,559 identifies this area's 360 00:18:40,559 --> 00:18:43,680 community mixed use. A community mixed use is intended to 361 00:18:43,680 --> 00:18:44,799 promote a mix of uses 362 00:18:44,799 --> 00:18:48,079 primarily commercial but can have some office uses some 363 00:18:48,079 --> 00:18:48,880 multi-family those 364 00:18:48,880 --> 00:18:52,240 supporting uses. This future development should be 365 00:18:52,240 --> 00:18:53,640 developed in a commercial way 366 00:18:53,640 --> 00:18:57,460 and raise the standards of the site design. A typical 367 00:18:57,460 --> 00:18:59,000 development may include 368 00:18:59,000 --> 00:19:03,210 like a grocery store or drugstore especially shops maybe 369 00:19:03,210 --> 00:19:04,119 offices and 370 00:19:04,119 --> 00:19:08,160 employment uses and then uses within the proposed CMG 371 00:19:08,160 --> 00:19:09,960 district do align with this 372 00:19:09,960 --> 00:19:13,069 future land use so it is it does conform to that future 373 00:19:13,069 --> 00:19:17,519 land use designation. So 374 00:19:17,519 --> 00:19:22,359 so although the future the the request does conform to the 375 00:19:22,359 --> 00:19:23,960 future land use we 376 00:19:23,960 --> 00:19:26,859 did also look at the compatibility of the request and what 377 00:19:26,859 --> 00:19:27,880 's around the area. 378 00:19:27,880 --> 00:19:33,700 So staff does believe that DCG is or I'm sorry CMG is 379 00:19:33,700 --> 00:19:34,440 appropriate in this 380 00:19:34,440 --> 00:19:37,289 location because it permits commercial development that's 381 00:19:37,289 --> 00:19:38,240 typically found on 382 00:19:38,240 --> 00:19:41,839 arterial roadways so you can see that there is going to be 383 00:19:41,839 --> 00:19:43,480 access not only from 384 00:19:43,480 --> 00:19:46,279 loop 288 and McKinney but also from Mayhill so this is the 385 00:19:46,279 --> 00:19:47,119 type of development 386 00:19:47,119 --> 00:19:52,559 you typically see on arterials. CMG would develop with a 387 00:19:52,559 --> 00:19:54,440 commercial character 388 00:19:54,440 --> 00:19:57,380 prohibiting the uses and design character that's allowed 389 00:19:57,380 --> 00:19:58,000 under current 390 00:19:58,000 --> 00:20:00,440 zoning. Undercurrent zoning is more of one of our more 391 00:20:00,440 --> 00:20:01,359 industrial zoning 392 00:20:01,359 --> 00:20:05,829 districts and so if it developed under current zoning it's 393 00:20:05,829 --> 00:20:06,920 more industrial uses 394 00:20:06,920 --> 00:20:10,549 and could be developed with an industrial character and 395 00:20:10,549 --> 00:20:11,680 this is kind of 396 00:20:11,680 --> 00:20:16,119 a large corridor that's going to bring a lot of commercial 397 00:20:16,119 --> 00:20:16,920 development so 398 00:20:16,920 --> 00:20:22,380 staff doesn't feel that ECI is is appropriate in this area 399 00:20:22,380 --> 00:20:23,480 considering the 400 00:20:23,480 --> 00:20:27,619 access and the visibility. CMG is a logical extension of 401 00:20:27,619 --> 00:20:28,599 the existing zoning 402 00:20:28,599 --> 00:20:32,089 as you can see in the map in the bottom it might be small 403 00:20:32,089 --> 00:20:33,400 but all of the other 404 00:20:33,400 --> 00:20:37,960 corners of loop 288 and McKinney do have that CMG zoning so 405 00:20:37,960 --> 00:20:38,400 this would really 406 00:20:38,400 --> 00:20:42,990 just complete that intersection. The existing and future 407 00:20:42,990 --> 00:20:43,779 road network 408 00:20:43,779 --> 00:20:46,069 provides the access that you typically want to see for 409 00:20:46,069 --> 00:20:46,759 commercial development 410 00:20:46,759 --> 00:20:51,369 but we do want to be sensitive to the nearby neighborhoods 411 00:20:51,369 --> 00:20:52,240 and so when you see 412 00:20:52,240 --> 00:20:56,339 that existing those arterials that surround the subject 413 00:20:56,339 --> 00:20:56,960 property they do 414 00:20:56,960 --> 00:20:59,930 provide that physical separation between any commercial 415 00:20:59,930 --> 00:21:00,839 uses that would be 416 00:21:00,839 --> 00:21:03,390 developed there and the nearby neighborhoods so to provide 417 00:21:03,390 --> 00:21:03,920 that buffer 418 00:21:03,920 --> 00:21:07,720 and a little little mitigation between any potential nuis 419 00:21:07,720 --> 00:21:09,880 ances. Notification was 420 00:21:09,880 --> 00:21:13,569 sent out we've received two in favor I did provide sorry I 421 00:21:13,569 --> 00:21:14,200 stapled them 422 00:21:14,200 --> 00:21:17,490 together and I believe though the the responses that I 423 00:21:17,490 --> 00:21:18,640 received for this 424 00:21:18,640 --> 00:21:23,140 project are at the back and there were two of them that I 425 00:21:23,140 --> 00:21:25,200 received so based 426 00:21:25,200 --> 00:21:27,940 upon the criteria for approval and the future land use and 427 00:21:27,940 --> 00:21:28,559 the debt and 428 00:21:28,559 --> 00:21:30,710 development code staff does recommend approval of your 429 00:21:30,710 --> 00:21:32,319 request and I'll stand 430 00:21:32,319 --> 00:21:40,119 for any questions. Commissioner Smith. What is the current 431 00:21:40,119 --> 00:21:42,400 RL right away on McKinney 432 00:21:42,400 --> 00:21:46,990 there bordering the proposed zoning change and if McKinney 433 00:21:46,990 --> 00:21:47,599 ever does get 434 00:21:47,599 --> 00:21:49,960 expanded will that our way be big enough to be able to 435 00:21:49,960 --> 00:21:51,160 allow for the type of in 436 00:21:51,160 --> 00:21:53,750 flow that you're looking for by changing the zoning? Well 437 00:21:53,750 --> 00:21:55,880 when it if and when it 438 00:21:55,880 --> 00:21:59,309 develops platting would be required and typically we have 439 00:21:59,309 --> 00:22:00,519 additional right-of-way 440 00:22:00,519 --> 00:22:04,269 dedication that comes in with the replatting so and 441 00:22:04,269 --> 00:22:05,720 perimeter street 442 00:22:05,720 --> 00:22:10,089 improvements so that type of improvement to McKinney would 443 00:22:10,089 --> 00:22:11,119 come at the time of 444 00:22:11,119 --> 00:22:19,829 development. There's a northeast residence up there on McK 445 00:22:19,829 --> 00:22:20,680 inney I was 446 00:22:20,680 --> 00:22:26,359 about to Google the address of one of the folks who replied 447 00:22:26,359 --> 00:22:27,839 I think they were 448 00:22:27,839 --> 00:22:32,359 on they're on Fawn Drive but if you look on the map there 449 00:22:32,359 --> 00:22:33,279 if you're able to see 450 00:22:33,279 --> 00:22:38,960 that just south of Saffron along May Hill it's a long 451 00:22:38,960 --> 00:22:40,880 driveway backwards it's a 452 00:22:40,880 --> 00:22:43,220 single-family it looks like a single family when I drove up 453 00:22:43,220 --> 00:22:43,839 to the side it 454 00:22:43,839 --> 00:22:46,400 looks like a single-family residence is that going to be 455 00:22:46,400 --> 00:22:47,359 impacted at all by the 456 00:22:47,359 --> 00:22:51,019 changing of the zoning in any way? I'm sorry but when you 457 00:22:51,019 --> 00:22:52,039 said it's off of 458 00:22:52,039 --> 00:22:55,339 McKinney in this off of May Hill I apologize. May Hill so 459 00:22:55,339 --> 00:22:56,880 is it right there to the 460 00:22:56,880 --> 00:23:00,240 left of your mouse? Right right here? Go down just a little 461 00:23:00,240 --> 00:23:01,079 bit right there that 462 00:23:01,079 --> 00:23:04,589 area if there's a single-family residence right there off 463 00:23:04,589 --> 00:23:05,319 May Hill that 464 00:23:05,319 --> 00:23:08,039 will be in that development is there? That's a part of the 465 00:23:08,039 --> 00:23:09,160 request and so it 466 00:23:09,160 --> 00:23:12,930 would I would and the applicant it will be here to answer 467 00:23:12,930 --> 00:23:13,960 any questions specific 468 00:23:13,960 --> 00:23:17,609 to the future development so they could probably provide a 469 00:23:17,609 --> 00:23:18,400 little more 470 00:23:18,400 --> 00:23:20,750 information about what's going to happen to those those 471 00:23:20,750 --> 00:23:23,599 residences there now. 472 00:23:23,599 --> 00:23:27,279 That's it. I'm done Commissioner. Thank you. Any other 473 00:23:27,279 --> 00:23:33,970 questions? Julie does the property owner can you help me 474 00:23:33,970 --> 00:23:34,240 out with the 475 00:23:34,240 --> 00:23:38,059 applicant does is everything in the yellow box belong to 476 00:23:38,059 --> 00:23:39,680 the property owner? 477 00:23:39,680 --> 00:23:42,829 That was that is my understanding but I can certainly 478 00:23:42,829 --> 00:23:44,240 confirm with them because 479 00:23:44,240 --> 00:23:48,539 if we'll need to confirm that because it's not the case 480 00:23:48,539 --> 00:23:49,519 then if they don't 481 00:23:49,519 --> 00:23:52,190 own all that property within the yellow box they can't 482 00:23:52,190 --> 00:23:53,359 request a rezone of that 483 00:23:53,359 --> 00:23:56,960 property can they? Well and for instance this corner right 484 00:23:56,960 --> 00:23:58,000 here on seven oh this 485 00:23:58,000 --> 00:24:02,250 this is owned by 7-eleven staff did want this to come into 486 00:24:02,250 --> 00:24:03,200 the request because we 487 00:24:03,200 --> 00:24:05,210 didn't want to create an isolated zoning district by rez 488 00:24:05,210 --> 00:24:06,240 oning everything around 489 00:24:06,240 --> 00:24:10,109 it and so we did have to get 7-eleven's approval to move 490 00:24:10,109 --> 00:24:11,079 forward with the 491 00:24:11,079 --> 00:24:14,650 rezoning so yes if you they would have to have approval 492 00:24:14,650 --> 00:24:16,319 from property owners if 493 00:24:16,319 --> 00:24:20,119 they did not own that property. And who's the 494 00:24:20,119 --> 00:24:23,039 responsibility on to document such 495 00:24:23,039 --> 00:24:28,059 permission? It's a part of the application so it's provided 496 00:24:28,059 --> 00:24:28,200 by the 497 00:24:28,200 --> 00:24:31,430 applicant. Can we have that verified before the public 498 00:24:31,430 --> 00:24:32,200 session about those 499 00:24:32,200 --> 00:24:38,279 properties? Absolutely absolutely. Thank you. Any other 500 00:24:38,279 --> 00:24:40,720 questions on this item? 501 00:24:40,720 --> 00:24:46,279 Thank You Julie. Sure. We can invite chair back. 502 00:25:02,200 --> 00:25:05,200 , please. 503 00:25:32,200 --> 00:25:45,200 [inaudible] 504 00:25:45,200 --> 00:26:13,200 [inaudible] 505 00:26:13,200 --> 00:26:19,960 All right so you're in a go with A now. Yes. I'm going to 506 00:26:19,960 --> 00:26:22,559 ask Julie White to come back and 507 00:26:22,559 --> 00:26:29,450 present the item for Justice Plaza. All right so we have 508 00:26:29,450 --> 00:26:31,160 another proposed 509 00:26:31,160 --> 00:26:35,029 rezoning on kind of on the east side of town. So this 510 00:26:35,029 --> 00:26:37,079 request is to rezone 511 00:26:37,079 --> 00:26:43,369 approximately 3.2 acres from NR 6 to NRMU 12. The subject 512 00:26:43,369 --> 00:26:44,359 property like I 513 00:26:44,359 --> 00:26:47,009 said is on the east side of town. It's north of McKinney 514 00:26:47,009 --> 00:26:47,880 and east of Janney 515 00:26:47,880 --> 00:26:51,769 Street in this yellow box. Just to orient you this is the 516 00:26:51,769 --> 00:26:52,599 Denton County 517 00:26:52,599 --> 00:26:58,900 courthouse. So this property was part of a rezoning that 518 00:26:58,900 --> 00:27:01,559 happened in 2014 that 519 00:27:01,559 --> 00:27:06,319 rezoned this entire a seven acre tract from NR 4 to a mix 520 00:27:06,319 --> 00:27:07,680 of zoning districts 521 00:27:07,680 --> 00:27:12,920 that included NR 6, NRMU 12, and NRMU. It was a part of a 522 00:27:12,920 --> 00:27:14,119 comprehensive mixed use 523 00:27:14,119 --> 00:27:18,900 plan that included office, retail, and some restaurants, 524 00:27:18,900 --> 00:27:20,119 and some cluster 525 00:27:20,119 --> 00:27:24,119 moderate density housing to the north or on the subject 526 00:27:24,119 --> 00:27:26,039 property which is why the 527 00:27:26,039 --> 00:27:31,369 zoning lines are a little different. Once again we'll look 528 00:27:31,369 --> 00:27:31,960 at the 529 00:27:31,960 --> 00:27:34,509 compatibility. First what's most adjacent to the site and 530 00:27:34,509 --> 00:27:36,880 then we'll zoom out. So 531 00:27:36,880 --> 00:27:40,029 first of all surrounding the subject property to the north 532 00:27:40,029 --> 00:27:40,920 and the east and 533 00:27:40,920 --> 00:27:44,839 the west you have NR 4 district which is developed with 534 00:27:44,839 --> 00:27:45,559 single-family 535 00:27:45,559 --> 00:27:48,269 residential uses. This is an established neighborhood that 536 00:27:48,269 --> 00:27:49,039 's been there quite 537 00:27:49,039 --> 00:27:53,039 some time. To the south of this subject property is NRMU 12 538 00:27:53,039 --> 00:27:54,279 and that has a 539 00:27:54,279 --> 00:27:59,740 single-family residence on it developed on it and then NRMU 540 00:27:59,740 --> 00:28:00,759 adjacent to 541 00:28:00,759 --> 00:28:05,839 McKinney right here has some office uses developed. Across 542 00:28:05,839 --> 00:28:07,279 McKinney you've got the 543 00:28:07,279 --> 00:28:09,269 Denton County courthouse and some other government 544 00:28:09,269 --> 00:28:11,400 buildings. As we move out a 545 00:28:11,400 --> 00:28:16,519 little further we've got additional commercial space 546 00:28:16,519 --> 00:28:18,720 brought in on the on 547 00:28:18,720 --> 00:28:23,079 McKinney. CMG has some additional government as well as 548 00:28:23,079 --> 00:28:23,920 commercial office 549 00:28:23,920 --> 00:28:28,359 and some multi-family development and then you can see that 550 00:28:28,359 --> 00:28:29,119 that neighborhood 551 00:28:29,119 --> 00:28:32,380 comes into focus as you zoom out. You can see it's a it's a 552 00:28:32,380 --> 00:28:32,720 fairly large 553 00:28:32,720 --> 00:28:37,410 neighborhood. We'll look at the mobility of the area. We've 554 00:28:37,410 --> 00:28:38,920 got two roadway types 555 00:28:38,920 --> 00:28:42,130 that are dominant on this map. First you've got your 556 00:28:42,130 --> 00:28:44,079 secondary arterials that 557 00:28:44,079 --> 00:28:48,329 is McKinney right here it's this in green. Once again this 558 00:28:48,329 --> 00:28:49,759 is a road that is 559 00:28:49,759 --> 00:28:52,990 intended to move our residents through the city to 560 00:28:52,990 --> 00:28:54,720 different parts of the city 561 00:28:54,720 --> 00:29:00,799 in a quick fashion. You also have Woodrow and Audra here 562 00:29:00,799 --> 00:29:02,039 also a secondary 563 00:29:02,039 --> 00:29:05,779 arterial. You've also got some collector streets. Paisley 564 00:29:05,779 --> 00:29:07,920 to the north connects to 565 00:29:07,920 --> 00:29:13,119 Audra as well as goes further west of it and then you have 566 00:29:13,119 --> 00:29:14,319 Riddell Street which 567 00:29:14,319 --> 00:29:18,640 goes all the way up to Mingo. Jani which is adjacent to the 568 00:29:18,640 --> 00:29:19,480 subject property is 569 00:29:19,480 --> 00:29:23,180 also considered excuse me to be a collector primarily 570 00:29:23,180 --> 00:29:24,079 because of the 571 00:29:24,079 --> 00:29:27,799 number of single-family residential uses that are on the 572 00:29:27,799 --> 00:29:29,160 that are located on the 573 00:29:29,160 --> 00:29:33,259 street as well as some of the commercial zoning that's near 574 00:29:33,259 --> 00:29:34,480 to McKinney but as 575 00:29:34,480 --> 00:29:40,160 you can see it really doesn't function as a collector 576 00:29:40,160 --> 00:29:41,400 street because 577 00:29:41,400 --> 00:29:44,490 it's got more of a residential nature on the north side of 578 00:29:44,490 --> 00:29:46,200 it also because it 579 00:29:46,200 --> 00:29:49,559 dead ends at Paisley it doesn't directly connect to other 580 00:29:49,559 --> 00:29:51,799 arterials so it's it 581 00:29:51,799 --> 00:29:58,160 doesn't provide a lot of connectivity. The subject property 582 00:29:58,160 --> 00:29:59,440 is considered low 583 00:29:59,440 --> 00:30:02,799 residential per the Dent Plan 2030 that's the future land 584 00:30:02,799 --> 00:30:03,720 use designation 585 00:30:03,720 --> 00:30:07,470 for the subject property. Low residential is intended to be 586 00:30:07,470 --> 00:30:07,799 single 587 00:30:07,799 --> 00:30:11,220 family uses for a maximum density of one to four dwelling 588 00:30:11,220 --> 00:30:13,380 units per acre. So when 589 00:30:13,380 --> 00:30:15,829 you think a low residential within the Dent Plan 2030 you 590 00:30:15,829 --> 00:30:16,480 kind of think of 591 00:30:16,480 --> 00:30:20,250 suburban type development. Single-family neighborhoods that 592 00:30:20,250 --> 00:30:20,880 are that are distinct 593 00:30:20,880 --> 00:30:24,480 and that are attacked that are connect to the city with 594 00:30:24,480 --> 00:30:25,759 limited access to 595 00:30:25,759 --> 00:30:29,319 arterials so that's that's really what the intent is. NRMU 596 00:30:29,319 --> 00:30:31,519 12 does not conform 597 00:30:31,519 --> 00:30:35,029 to this future land use designation because it permits some 598 00:30:35,029 --> 00:30:36,039 commercial uses 599 00:30:36,039 --> 00:30:38,849 as well as it has a maximum density of 12 dwelling units 600 00:30:38,849 --> 00:30:39,920 per acre so it's more 601 00:30:39,920 --> 00:30:46,559 of a moderate density zoning district. So when a rezoning 602 00:30:46,559 --> 00:30:47,119 doesn't 603 00:30:47,119 --> 00:30:50,769 conform to the future land use staff takes takes a little 604 00:30:50,769 --> 00:30:51,920 closer look a 605 00:30:51,920 --> 00:30:55,200 little more scrutiny is applied to the case in order to 606 00:30:55,200 --> 00:30:56,240 ensure that any 607 00:30:56,240 --> 00:31:00,339 request would conform to the character of the area and and 608 00:31:00,339 --> 00:31:01,599 be compatible with 609 00:31:01,599 --> 00:31:06,400 the existing uses. So and we did and we we perform that 610 00:31:06,400 --> 00:31:07,160 analysis for this 611 00:31:07,160 --> 00:31:09,829 request. So as you can see that this site is situated in 612 00:31:09,829 --> 00:31:11,180 the center of an existing 613 00:31:11,180 --> 00:31:14,109 established neighborhood. The development pattern around it 614 00:31:14,109 --> 00:31:14,240 is 615 00:31:14,240 --> 00:31:20,059 consistently low density single-family dwellings and and 616 00:31:20,059 --> 00:31:21,160 this neighborhood 617 00:31:21,160 --> 00:31:24,990 derives its protection from that that current zoning 618 00:31:24,990 --> 00:31:26,920 pattern. So as you can see 619 00:31:26,920 --> 00:31:31,299 the map on the bottom this is all in our four so if and 620 00:31:31,299 --> 00:31:32,039 when any 621 00:31:32,039 --> 00:31:35,269 redevelopment occurred within this area it would have to 622 00:31:35,269 --> 00:31:36,160 redevelop in a 623 00:31:36,160 --> 00:31:40,650 single-family way consistent with what is already already 624 00:31:40,650 --> 00:31:41,799 in place so it's it 625 00:31:41,799 --> 00:31:45,680 conforms to it. An extension of NRMU 12 into this 626 00:31:45,680 --> 00:31:47,039 neighborhood would introduce 627 00:31:47,039 --> 00:31:50,400 new uses new commercial uses and a higher density than what 628 00:31:50,400 --> 00:31:51,319 is existing and 629 00:31:51,319 --> 00:31:56,559 so it would really be inconsistent with what's surrounding 630 00:31:56,559 --> 00:31:58,960 it. Under the current 631 00:31:58,960 --> 00:32:02,730 zoning NR6 provides a nice transition between that lower 632 00:32:02,730 --> 00:32:04,079 density NR4 and 633 00:32:04,079 --> 00:32:06,750 then the higher intensity development that you typically 634 00:32:06,750 --> 00:32:07,680 want to see along the 635 00:32:07,680 --> 00:32:12,220 secondary arterial like McKinney. So that staff is in 636 00:32:12,220 --> 00:32:13,400 agreement with this 637 00:32:13,400 --> 00:32:16,660 existing zoning pattern in order to provide a gradual 638 00:32:16,660 --> 00:32:17,960 transition not only 639 00:32:17,960 --> 00:32:21,339 transitioning up to the higher intensity development on the 640 00:32:21,339 --> 00:32:22,000 road but also 641 00:32:22,000 --> 00:32:24,579 transitioning from the road into those single-family 642 00:32:24,579 --> 00:32:26,920 neighborhoods. This current 643 00:32:26,920 --> 00:32:29,609 zoning pattern could encourage a thoughtfully mixed use 644 00:32:29,609 --> 00:32:30,039 develop a 645 00:32:30,039 --> 00:32:33,170 thoughtfully designed mixed-use development that could 646 00:32:33,170 --> 00:32:33,920 bring in some 647 00:32:33,920 --> 00:32:36,769 compatible compatible uses and also just some moderate 648 00:32:36,769 --> 00:32:38,319 density housing within 649 00:32:38,319 --> 00:32:42,240 this area. Now the applicant has proposed a mixed-use 650 00:32:42,240 --> 00:32:43,720 residential protection 651 00:32:43,720 --> 00:32:47,559 overlay to address some of these compatibility issues 652 00:32:47,559 --> 00:32:48,099 through some 653 00:32:48,099 --> 00:32:52,000 design consideration and staff looked at that but we really 654 00:32:52,000 --> 00:32:53,200 feel that the 655 00:32:53,200 --> 00:32:55,779 incompatibilities are coming from the uses that 656 00:32:55,779 --> 00:32:57,440 introduction of the commercial 657 00:32:57,440 --> 00:33:00,359 development within that existing neighborhood that really 658 00:33:00,359 --> 00:33:01,039 creates that 659 00:33:01,039 --> 00:33:03,549 conflict between those uses and so the design 660 00:33:03,549 --> 00:33:05,200 considerations we feel just 661 00:33:05,200 --> 00:33:09,609 aren't sufficient and that the current zoning should stay 662 00:33:09,609 --> 00:33:11,799 in place. Public 663 00:33:11,799 --> 00:33:15,390 notification was sent out on the property we have received 664 00:33:15,390 --> 00:33:16,279 some letters 665 00:33:16,279 --> 00:33:19,940 in opposition I believe you have eight in front of you not 666 00:33:19,940 --> 00:33:21,559 all of those were 667 00:33:21,559 --> 00:33:24,609 within the 200 foot boundary I believe only three of them 668 00:33:24,609 --> 00:33:25,640 so right now we're at 669 00:33:25,640 --> 00:33:30,099 5.8% opposition and this map kind of shows you who was in 670 00:33:30,099 --> 00:33:34,799 that that within 671 00:33:34,799 --> 00:33:37,930 that 200 foot boundary we've also received two letters in 672 00:33:37,930 --> 00:33:38,839 favor of the 673 00:33:38,839 --> 00:33:43,859 request so based yes sir. Commissioner back. Thank you 674 00:33:43,859 --> 00:33:45,920 chair. Going back to that overlay I 675 00:33:45,920 --> 00:33:50,299 noticed in the background material you indicated that that 676 00:33:50,299 --> 00:33:51,599 information the 677 00:33:51,599 --> 00:33:55,430 things they wanted to do to gain favorability the applicant 678 00:33:55,430 --> 00:33:55,799 that 679 00:33:55,799 --> 00:33:59,299 information did not go out in the notification but they had 680 00:33:59,299 --> 00:34:00,039 a meeting a 681 00:34:00,039 --> 00:34:03,250 neighborhood meeting I believe on in July. Yes sir. Was 682 00:34:03,250 --> 00:34:04,640 that discussed was that 683 00:34:04,640 --> 00:34:07,640 overlay discussed at that meeting? There was a potential 684 00:34:07,640 --> 00:34:08,880 for overlay discussed at 685 00:34:08,880 --> 00:34:11,369 that meeting to address some of those site design 686 00:34:11,369 --> 00:34:12,599 considerations so it was 687 00:34:12,599 --> 00:34:16,170 something that the applicant did bring up that they would 688 00:34:16,170 --> 00:34:16,360 be that they would be 689 00:34:16,360 --> 00:34:20,199 open to and would consider putting on the site but nothing 690 00:34:20,199 --> 00:34:21,360 nothing definitive 691 00:34:21,360 --> 00:34:24,829 was was presented at that neighborhood meeting at that time 692 00:34:24,829 --> 00:34:26,599 . Oh on considering 693 00:34:26,599 --> 00:34:29,230 the overlay and some of the things they would do okay so 694 00:34:29,230 --> 00:34:31,440 when they are at least 695 00:34:31,440 --> 00:34:35,219 the ones we received that opposes project they really didn 696 00:34:35,219 --> 00:34:36,079 't have a lot of 697 00:34:36,079 --> 00:34:42,250 information about what the overlay would do. Correct. Yes 698 00:34:42,250 --> 00:34:43,480 sir. Thank you. So based upon the 699 00:34:43,480 --> 00:34:46,489 future land use designation in the Denton plan and the 700 00:34:46,489 --> 00:34:47,360 goals that are 701 00:34:47,360 --> 00:34:50,960 associated with that low density residential future land 702 00:34:50,960 --> 00:34:51,679 use and the 703 00:34:51,679 --> 00:34:56,480 character in the compatibility of a rezoning to NRMU 12 704 00:34:56,480 --> 00:34:58,199 staff recommends 705 00:34:58,199 --> 00:35:00,769 denial of the request based upon those factors and I'll 706 00:35:00,769 --> 00:35:02,519 stand for any questions. 707 00:35:02,519 --> 00:35:06,690 Commissioner Ellis. Thank you Chair. Julie it seems to be 708 00:35:06,690 --> 00:35:07,920 the same owner that owns 709 00:35:07,920 --> 00:35:11,960 all of that land is there a reason that they gave you why 710 00:35:11,960 --> 00:35:13,559 they're not doing this 711 00:35:13,559 --> 00:35:16,409 development at the front where it would be allowed to be 712 00:35:16,409 --> 00:35:17,559 without a zoning change? 713 00:35:17,559 --> 00:35:22,440 They are proposing to develop the the southern part the 714 00:35:22,440 --> 00:35:24,679 front part of the the 715 00:35:24,679 --> 00:35:30,730 land as as it is zoned they however and the applicants here 716 00:35:30,730 --> 00:35:30,960 and they could 717 00:35:30,960 --> 00:35:33,539 probably address this further but what they what they have 718 00:35:33,539 --> 00:35:34,400 presented to me is 719 00:35:34,400 --> 00:35:37,559 that they would like to continue that office type 720 00:35:37,559 --> 00:35:38,920 development to to include 721 00:35:38,920 --> 00:35:41,590 the whole seven acre tract. Okay so basically have it be 722 00:35:41,590 --> 00:35:42,400 one development 723 00:35:42,400 --> 00:35:46,789 from the from the south part. Okay thank you. Commissioner 724 00:35:46,789 --> 00:35:48,440 Smith. And the 725 00:35:48,440 --> 00:35:54,170 definition of NR6 says that there is the allowance for some 726 00:35:54,170 --> 00:35:55,079 supportive 727 00:35:55,079 --> 00:35:59,559 commercial uses. Is that definition of NR6 what's currently 728 00:35:59,559 --> 00:36:00,320 zoned? Can you 729 00:36:00,320 --> 00:36:03,239 help help define what that means by by some supportive 730 00:36:03,239 --> 00:36:04,440 commercial uses? I'm 731 00:36:04,440 --> 00:36:06,280 looking here at the just with the planning and zoning 732 00:36:06,280 --> 00:36:06,760 department of city 733 00:36:06,760 --> 00:36:10,039 of Denton is what it says for NR6. Hold on let me get my 734 00:36:10,039 --> 00:36:10,960 staff report. 735 00:36:10,960 --> 00:36:13,960 Make sure I'm looking at the right thing. 736 00:36:25,400 --> 00:36:25,909 If you could direct me to where you're looking in that way 737 00:36:25,909 --> 00:36:29,039 I can make sure. 738 00:36:29,039 --> 00:36:32,079 Commissioner Rossell helped it's just very limited it just 739 00:36:32,079 --> 00:36:33,119 the definition here 740 00:36:33,119 --> 00:36:37,260 is very general but the actual use list now helped answer 741 00:36:37,260 --> 00:36:38,920 my question. Okay great 742 00:36:38,920 --> 00:36:45,000 thank you. Commissioner Rossell. Thank you chair. Can you 743 00:36:45,000 --> 00:36:46,239 help with the history of 744 00:36:46,239 --> 00:36:55,519 the properties being zoned? MRU 12. I mean do you have a 745 00:36:55,519 --> 00:36:56,639 timeline of when that was 746 00:36:56,639 --> 00:37:01,869 done or? That was done in 2014. Was the NR6 also done in 747 00:37:01,869 --> 00:37:04,480 2014? Yes sir. The entire 748 00:37:04,480 --> 00:37:07,969 seven acre tract was part of a rezoning request that rez 749 00:37:07,969 --> 00:37:11,000 oned it from the NR4 to 750 00:37:11,000 --> 00:37:15,449 to these three zoning districts and the applicant at that 751 00:37:15,449 --> 00:37:16,800 time presented a 752 00:37:16,800 --> 00:37:21,110 concept that included some retail and and maybe some 753 00:37:21,110 --> 00:37:22,679 restaurants or drive 754 00:37:22,679 --> 00:37:27,400 through uses here along McKinney transitioning to office 755 00:37:27,400 --> 00:37:29,320 uses in this NRM 756 00:37:29,320 --> 00:37:35,059 U12 and then a cluster home type development in the NR6 so 757 00:37:35,059 --> 00:37:35,840 it was it was 758 00:37:35,840 --> 00:37:38,599 kind of a comprehensively planned mixed-use development. 759 00:37:38,599 --> 00:37:39,079 That sounds like a 760 00:37:39,079 --> 00:37:43,000 great idea in 2014. Is it the same property owner coming 761 00:37:43,000 --> 00:37:44,639 back now? It is a 762 00:37:44,639 --> 00:37:48,489 new no it is a new developer who would like to do something 763 00:37:48,489 --> 00:37:49,800 different with the 764 00:37:49,800 --> 00:37:54,159 site. Okay thank you. Sure. Commissioner Beck. Thank you 765 00:37:54,159 --> 00:37:55,920 chair. The house that 766 00:37:55,920 --> 00:37:58,969 seems to be about right in the middle of the area on Je 767 00:37:58,969 --> 00:38:00,239 annie Street is that 768 00:38:00,239 --> 00:38:04,670 property is that the owner of this property of this seven 769 00:38:04,670 --> 00:38:05,679 acre tract? There 770 00:38:05,679 --> 00:38:10,480 is the owner yes on this seven acre tract is I don't know 771 00:38:10,480 --> 00:38:11,679 if he lives on that. 772 00:38:11,679 --> 00:38:15,360 I'm not sure. It's a residence though? I believe so it is 773 00:38:15,360 --> 00:38:16,440 still a residence yes 774 00:38:16,440 --> 00:38:21,039 sir. That's my understanding. Okay thanks. Commissioner 775 00:38:21,039 --> 00:38:22,440 Smith. Jeannie 776 00:38:22,440 --> 00:38:26,320 Street's in pretty terrible condition if anybody's gone out 777 00:38:26,320 --> 00:38:27,519 there. I know we're 778 00:38:27,519 --> 00:38:29,530 talking specifically about zoning not to talk about plat 779 00:38:29,530 --> 00:38:31,960 ting right now but with a 780 00:38:31,960 --> 00:38:35,599 new zoning extending that type of commercial use backwards 781 00:38:35,599 --> 00:38:37,199 is there some 782 00:38:37,199 --> 00:38:40,670 sort of quality of street that we have to abide by in the 783 00:38:40,670 --> 00:38:41,599 future that that 784 00:38:41,599 --> 00:38:43,280 that would have to be repaired before you're allowed to 785 00:38:43,280 --> 00:38:43,960 have commercial use 786 00:38:43,960 --> 00:38:46,440 used that far back? Does that question make sense? It does 787 00:38:46,440 --> 00:38:47,119 make sense. Thank you. 788 00:38:47,119 --> 00:38:50,340 Yes during the platting and development stage and a 789 00:38:50,340 --> 00:38:51,880 developer would have to 790 00:38:51,880 --> 00:38:55,289 under current requirements would have to improve the 791 00:38:55,289 --> 00:38:57,960 perimeter streets for their 792 00:38:57,960 --> 00:39:05,230 side and their section so so half of Jeannie Street and up 793 00:39:05,230 --> 00:39:06,760 to wherever the 794 00:39:06,760 --> 00:39:10,460 development stops would have to provide improvements and 795 00:39:10,460 --> 00:39:12,960 Jim is nodding so I 796 00:39:12,960 --> 00:39:16,239 said it right. 797 00:39:21,880 --> 00:39:31,559 Anything else? I'll ask a question of staff. They put an 798 00:39:31,559 --> 00:39:32,840 overlay on here and reading 799 00:39:32,840 --> 00:39:36,360 through the overlay it looks to be that they've actually 800 00:39:36,360 --> 00:39:38,000 reduced some of the 801 00:39:38,000 --> 00:39:43,460 things that are allowed as far as heights as far as set 802 00:39:43,460 --> 00:39:45,159 backs that you could 803 00:39:45,159 --> 00:39:53,239 do in NR6. It seems just as a question even though you may 804 00:39:53,239 --> 00:39:55,440 not like the zoning 805 00:39:55,440 --> 00:39:59,489 request the actual restrictions restrict the property more 806 00:39:59,489 --> 00:40:00,280 than what they could 807 00:40:00,280 --> 00:40:06,590 do there now and so I guess the question is are we looking 808 00:40:06,590 --> 00:40:07,440 at it just because 809 00:40:07,440 --> 00:40:10,849 it's a zoning classification or are we looking at it what 810 00:40:10,849 --> 00:40:12,000 can you build there 811 00:40:12,000 --> 00:40:16,099 with an overlay that it's actually probably less intense 812 00:40:16,099 --> 00:40:17,320 and impactful to 813 00:40:17,320 --> 00:40:21,840 the surrounding neighborhood versus I don't like it being 814 00:40:21,840 --> 00:40:23,800 in our MU12. Well 815 00:40:23,800 --> 00:40:28,840 NR6 without the overlay is actually more intensive than 816 00:40:28,840 --> 00:40:29,000 what 817 00:40:29,000 --> 00:40:31,849 they're proposing so they're kind of doing a give us a 818 00:40:31,849 --> 00:40:33,639 little bit and make 819 00:40:33,639 --> 00:40:36,369 our deal work and we'll take some stuff away. Is that a 820 00:40:36,369 --> 00:40:38,400 fair? They have proposed 821 00:40:38,400 --> 00:40:41,969 those those limitations on scale of development and we 822 00:40:41,969 --> 00:40:43,320 looked at that and we 823 00:40:43,320 --> 00:40:46,119 just felt that the incompatibilities came not from 824 00:40:46,119 --> 00:40:47,519 necessarily the scale in 825 00:40:47,519 --> 00:40:52,110 NRME 12 but more of the uses that those commercial uses in 826 00:40:52,110 --> 00:40:53,480 the center of an 827 00:40:53,480 --> 00:40:59,559 existing neighborhood. Well I've got to hear that 828 00:40:59,559 --> 00:41:01,760 mechanical units have to be a 829 00:41:01,760 --> 00:41:08,760 hundred feet away from adjacent properties and in NR6 this 830 00:41:08,760 --> 00:41:10,920 50 by 120 831 00:41:10,920 --> 00:41:15,449 lot so I mean they've got to have all that stuff a hundred 832 00:41:15,449 --> 00:41:16,480 feet away whereas 833 00:41:16,480 --> 00:41:20,280 you could have it right next door if you built houses there 834 00:41:20,280 --> 00:41:23,400 so I'm gonna push a 835 00:41:23,400 --> 00:41:26,539 little bit I'm I understand the argument of it being 836 00:41:26,539 --> 00:41:29,079 existing neighborhood but I 837 00:41:29,079 --> 00:41:31,840 think there needs to be some consideration when they put an 838 00:41:31,840 --> 00:41:32,239 overlay 839 00:41:32,239 --> 00:41:36,030 district that really caps what they're asking for that 840 00:41:36,030 --> 00:41:37,079 might make it less 841 00:41:37,079 --> 00:41:40,869 intensive than what you could do there with residential. So 842 00:41:40,869 --> 00:41:42,559 just a question is 843 00:41:42,559 --> 00:41:46,210 that if staff worked through all that and still felt like 844 00:41:46,210 --> 00:41:47,559 even with all these 845 00:41:47,559 --> 00:41:51,750 restrictions of things that you can't do there and the 846 00:41:51,750 --> 00:41:55,480 heights and the setbacks 847 00:41:55,480 --> 00:42:00,150 screening walls it's completely looks like it's surrounded 848 00:42:00,150 --> 00:42:01,480 by a forest around 849 00:42:01,480 --> 00:42:04,579 all the edges that what impact really is the concern that 850 00:42:04,579 --> 00:42:05,559 would be against 851 00:42:05,559 --> 00:42:09,530 neighbors other than when you look at it from up above on a 852 00:42:09,530 --> 00:42:11,320 map it looks like it 853 00:42:11,320 --> 00:42:15,119 versus impracticality the restrictions and what's around it 854 00:42:15,119 --> 00:42:15,920 I don't know that 855 00:42:15,920 --> 00:42:22,000 it's a huge impact. And we did look at that and it just was 856 00:42:22,000 --> 00:42:22,639 centered on the 857 00:42:22,639 --> 00:42:26,340 bringing in those commercial type uses within the 858 00:42:26,340 --> 00:42:28,320 neighborhood so sure. Commissioner 859 00:42:28,320 --> 00:42:33,340 Beck. Thank you chair and that's in reference to what you 860 00:42:33,340 --> 00:42:33,760 're talking about 861 00:42:33,760 --> 00:42:37,389 that's why I asked if the local residents had been made 862 00:42:37,389 --> 00:42:38,280 aware of all 863 00:42:38,280 --> 00:42:41,909 these details because I see where you're going that and I'm 864 00:42:41,909 --> 00:42:43,159 okay with it to a 865 00:42:43,159 --> 00:42:46,780 certain point but I would like the people that live in that 866 00:42:46,780 --> 00:42:47,800 area to see 867 00:42:47,800 --> 00:42:50,599 that and respond to that and they're still objected to it 868 00:42:50,599 --> 00:42:51,440 then that would 869 00:42:51,440 --> 00:42:55,110 definitely have an impact on my decision. Commissioner Rose 870 00:42:55,110 --> 00:42:56,559 lle. Thank you chair 871 00:42:56,559 --> 00:43:00,519 sounds like you opened up a can here but I appreciate the 872 00:43:00,519 --> 00:43:03,199 symptoms. When I 873 00:43:03,199 --> 00:43:06,610 first saw this I thought initially of individual you might 874 00:43:06,610 --> 00:43:07,880 recall this but 875 00:43:07,880 --> 00:43:12,869 right north of Chase Bank on University at Hinkle there are 876 00:43:12,869 --> 00:43:14,239 single-story office 877 00:43:14,239 --> 00:43:19,650 buildings that abut in our sixth neighborhood I believe it 878 00:43:19,650 --> 00:43:20,199 's right across 879 00:43:20,199 --> 00:43:25,949 the street from the church there and it seems to be that is 880 00:43:25,949 --> 00:43:26,760 a workable 881 00:43:26,760 --> 00:43:30,559 situation which is not to impose on the neighbors it they 882 00:43:30,559 --> 00:43:31,780 have looks like 883 00:43:31,780 --> 00:43:35,139 parking all across the fence line but it's a workable 884 00:43:35,139 --> 00:43:37,119 solution that that's 885 00:43:37,119 --> 00:43:40,269 okay it's not like a peninsula in a neighborhood over on H 886 00:43:40,269 --> 00:43:41,239 inkle but it's 887 00:43:41,239 --> 00:43:46,039 certainly adjacent to a pretty dense neighborhood for 888 00:43:46,039 --> 00:43:47,119 single-story commercial 889 00:43:47,119 --> 00:43:53,519 structures food for thought more than anything. 890 00:43:53,519 --> 00:43:55,880 Commissioner Ellis. Thank you 891 00:43:55,880 --> 00:44:00,739 chair. Yeah it's a really incredibly generous overlay to be 892 00:44:00,739 --> 00:44:02,480 certain so I'm 893 00:44:02,480 --> 00:44:07,449 wondering yeah if if we wonder maybe ask the applicant to 894 00:44:07,449 --> 00:44:09,119 re-look at discussing 895 00:44:09,119 --> 00:44:11,480 it with the neighborhood I mean they they certainly should 896 00:44:11,480 --> 00:44:11,960 have that 897 00:44:11,960 --> 00:44:16,460 knowledge because it's it's it's very generous but I'm also 898 00:44:16,460 --> 00:44:17,760 wondering too if 899 00:44:17,760 --> 00:44:22,019 one of the concerns for denial is the area and what the 900 00:44:22,019 --> 00:44:23,639 office building might 901 00:44:23,639 --> 00:44:27,739 be what businesses might come in there because the spot is 902 00:44:27,739 --> 00:44:29,000 very imposing on the 903 00:44:29,000 --> 00:44:33,679 neighborhood I mean the houses are right there so I guess 904 00:44:33,679 --> 00:44:34,960 that's the one thing 905 00:44:34,960 --> 00:44:40,219 the overlay can't do is is eliminate types of businesses I 906 00:44:40,219 --> 00:44:41,159 mean some to some 907 00:44:41,159 --> 00:44:44,630 degree they did but I mean we're still gonna law offices 908 00:44:44,630 --> 00:44:45,880 which we don't know 909 00:44:45,880 --> 00:44:49,039 necessarily what they're going to be there's bail bonds 910 00:44:49,039 --> 00:44:50,039 offices all over 911 00:44:50,039 --> 00:44:53,079 there could be that right in the neighborhood not ideal so 912 00:44:53,079 --> 00:44:54,519 I mean that's 913 00:44:54,519 --> 00:44:58,679 certainly a concern for just the location. 914 00:45:02,920 --> 00:45:10,039 Any other questions for staff? Thank you Julie. 915 00:45:11,159 --> 00:45:23,480 So one more item. So next item is the development code 916 00:45:23,480 --> 00:45:25,559 amendment that you guys 917 00:45:25,559 --> 00:45:30,440 heard last meeting and Jim is Jim's gonna come up and 918 00:45:30,440 --> 00:45:32,119 present a quick update 919 00:45:32,119 --> 00:45:37,449 and provide a little more additional information on this 920 00:45:37,449 --> 00:45:37,960 item. 921 00:45:41,159 --> 00:45:48,920 Jim as you're getting ready for your presentation do you 922 00:45:48,920 --> 00:45:49,679 know about how long 923 00:45:49,679 --> 00:45:51,699 it's gonna be because I know we have food so I don't know 924 00:45:51,699 --> 00:45:52,519 where we should take 925 00:45:52,519 --> 00:45:58,599 a break and give you time to get ready or? I was envision 926 00:45:58,599 --> 00:46:00,480 ing something on the 927 00:46:00,480 --> 00:46:03,400 order of ten minutes. 928 00:46:07,400 --> 00:46:11,719 It's really just an update and just talking about some of 929 00:46:11,719 --> 00:46:13,159 answers to some of 930 00:46:13,159 --> 00:46:15,219 the questions that were raised last time. Okay if I ask one 931 00:46:15,219 --> 00:46:16,559 question before you start your 932 00:46:16,559 --> 00:46:19,360 presentation are you gonna be asking for us to move 933 00:46:19,360 --> 00:46:20,360 something tonight or is this 934 00:46:20,360 --> 00:46:22,409 something that's gonna probably need to come back like we 935 00:46:22,409 --> 00:46:23,360 talked last time and do 936 00:46:23,360 --> 00:46:26,449 a little more work on that? I think the in my opinion the 937 00:46:26,449 --> 00:46:27,599 logical thing would be 938 00:46:27,599 --> 00:46:37,639 to postpone action until the next P&Z. We have done a 939 00:46:37,639 --> 00:46:38,679 public hearing 940 00:46:38,679 --> 00:46:42,050 public notice for the council meeting on the 11th or excuse 941 00:46:42,050 --> 00:46:43,639 me the 17th of 942 00:46:43,639 --> 00:46:49,320 October and we would still have time following the 11th the 943 00:46:49,320 --> 00:46:50,639 October 11th P&Z 944 00:46:50,639 --> 00:46:54,050 to revise whatever documents would go before council then. 945 00:46:54,050 --> 00:46:55,599 Right if the 946 00:46:55,599 --> 00:46:58,190 Commission's fine let's go ahead since we're gonna this is 947 00:46:58,190 --> 00:46:58,960 gonna come back 948 00:46:58,960 --> 00:47:02,369 rather than this is the final look and we're gonna go vote 949 00:47:02,369 --> 00:47:03,119 on it. If the 950 00:47:03,119 --> 00:47:05,239 Commission's pleasure let's go ahead and do the 951 00:47:05,239 --> 00:47:06,599 presentation and we'll we'll eat 952 00:47:06,599 --> 00:47:13,559 afterwards. Thank you. Good evening everyone. 953 00:47:17,679 --> 00:47:20,309 This is intended to be to be like I said kind of an update 954 00:47:20,309 --> 00:47:22,159 from from the last 955 00:47:22,159 --> 00:47:25,639 time. I know not all of you were could be present at the 956 00:47:25,639 --> 00:47:27,000 last meeting. What I was 957 00:47:27,000 --> 00:47:30,559 going to do is do a very brief recap of what I discussed 958 00:47:30,559 --> 00:47:31,519 before what I 959 00:47:31,519 --> 00:47:35,199 introduced and then like I said get into some of the 960 00:47:35,199 --> 00:47:37,000 questions that were brought 961 00:47:37,000 --> 00:47:40,159 up from the Commission and from the public and the research 962 00:47:40,159 --> 00:47:40,800 we've done 963 00:47:40,800 --> 00:47:45,860 following that to answer those. As you all know that the 964 00:47:45,860 --> 00:47:47,920 city is making a major 965 00:47:47,920 --> 00:47:54,070 thorough effort to reevaluate and improve our processes, 966 00:47:54,070 --> 00:47:55,119 our codes, 967 00:47:55,119 --> 00:48:00,380 agreements in an effort to better serve the development 968 00:48:00,380 --> 00:48:01,960 community to streamline 969 00:48:01,960 --> 00:48:08,039 processes to protect the interests of the city. One 970 00:48:08,039 --> 00:48:11,199 component of that is the 971 00:48:11,199 --> 00:48:16,110 development contract process and this is specifically what 972 00:48:16,110 --> 00:48:17,840 I'm referring to is 973 00:48:17,840 --> 00:48:21,880 the stage between when P&Z approves a plat and when a 974 00:48:21,880 --> 00:48:23,400 project is actually 975 00:48:23,400 --> 00:48:26,179 authorized to go into construction and we can start turning 976 00:48:26,179 --> 00:48:27,079 dirt. That's that's 977 00:48:27,079 --> 00:48:32,159 been a historically a source of frustration from the 978 00:48:32,159 --> 00:48:32,519 development 979 00:48:32,519 --> 00:48:36,480 community as far as the time and the steps involved there 980 00:48:36,480 --> 00:48:37,800 so we're looking to 981 00:48:37,800 --> 00:48:44,090 streamline that and this this is part of that effort. A 982 00:48:44,090 --> 00:48:47,199 request that Development 983 00:48:47,199 --> 00:48:54,320 Services frequently receives is that the city file a plat 984 00:48:54,320 --> 00:48:56,519 following approval by 985 00:48:56,519 --> 00:49:00,119 P&Z and our code right now precludes us from doing that 986 00:49:00,119 --> 00:49:01,480 until we get a 987 00:49:01,480 --> 00:49:04,780 development contract. We call them two-way development 988 00:49:04,780 --> 00:49:05,920 contracts because 989 00:49:05,920 --> 00:49:11,429 the three parties named are the city, the developer, and 990 00:49:11,429 --> 00:49:15,440 the contractor. It can 991 00:49:15,440 --> 00:49:22,239 often take, typically it takes six or seven weeks or more, 992 00:49:22,239 --> 00:49:23,480 well no about four 993 00:49:23,480 --> 00:49:28,079 to six weeks for a developer to enter the contract with a 994 00:49:28,079 --> 00:49:30,320 contractor and get 995 00:49:30,320 --> 00:49:35,190 all the bonds ready, turn into the city, and reviewed and 996 00:49:35,190 --> 00:49:39,159 approved. So in very 997 00:49:39,159 --> 00:49:43,300 often developers want, we find they often want to file 998 00:49:43,300 --> 00:49:45,400 their plat before they get 999 00:49:45,400 --> 00:49:52,849 a contractor on board. Often I believe often that milestone 1000 00:49:52,849 --> 00:49:53,920 is tied to project 1001 00:49:53,920 --> 00:49:57,570 financing so we are trying to find a way to safely 1002 00:49:57,570 --> 00:50:00,019 accommodate that and then as I 1003 00:50:00,019 --> 00:50:03,219 mentioned we're also trying to streamline our overall pre- 1004 00:50:03,219 --> 00:50:03,800 construction 1005 00:50:03,800 --> 00:50:12,500 process. Very briefly this is our current process I showed 1006 00:50:12,500 --> 00:50:13,480 last time and as I 1007 00:50:13,480 --> 00:50:18,159 mentioned from final plat approval down the next line of 1008 00:50:18,159 --> 00:50:19,440 the three-way contracts 1009 00:50:19,440 --> 00:50:26,440 being executed typically a realistic best case is on the 1010 00:50:26,440 --> 00:50:27,199 order of six weeks 1011 00:50:27,199 --> 00:50:31,449 sometimes it can be much longer and you can see in the next 1012 00:50:31,449 --> 00:50:33,440 line after that the 1013 00:50:33,440 --> 00:50:38,519 plat filing there in yellow, the plat filing milestone 1014 00:50:38,519 --> 00:50:40,199 cannot be reached until 1015 00:50:40,199 --> 00:50:46,360 those contracts are processed and then I mentioned the hold 1016 00:50:46,360 --> 00:50:47,159 harmless agreements 1017 00:50:47,159 --> 00:50:52,199 last time that's a separate agreement it basically our code 1018 00:50:52,199 --> 00:50:54,639 as written does not 1019 00:50:54,639 --> 00:51:00,400 allow construction of private improvements to begin until 1020 00:51:00,400 --> 00:51:01,239 construction 1021 00:51:01,239 --> 00:51:05,679 of public improvements has been completed unless there is a 1022 00:51:05,679 --> 00:51:08,760 hold harmless 1023 00:51:09,320 --> 00:51:14,710 agreement that's executed it's a standard form and we see 1024 00:51:14,710 --> 00:51:16,079 we allow those 1025 00:51:16,079 --> 00:51:18,480 on everything but single-family residential so any multif 1026 00:51:18,480 --> 00:51:18,800 amily 1027 00:51:18,800 --> 00:51:22,440 commercial we offer that and it's almost always requested 1028 00:51:22,440 --> 00:51:23,800 so it's almost an 1029 00:51:23,800 --> 00:51:26,250 automatic step we're looking to fold that into this 1030 00:51:26,250 --> 00:51:28,159 agreement. After those steps 1031 00:51:28,159 --> 00:51:35,829 are done the permit can be issued. What I've got here shown 1032 00:51:35,829 --> 00:51:37,280 as the proposed 1033 00:51:37,280 --> 00:51:43,360 process is basically you'll see the plat filing would occur 1034 00:51:43,360 --> 00:51:45,000 much sooner we're 1035 00:51:45,000 --> 00:51:47,599 talking about breaking up the current three-way development 1036 00:51:47,599 --> 00:51:48,480 agreement into two 1037 00:51:48,480 --> 00:51:50,900 two-way agreements the first one being with just between 1038 00:51:50,900 --> 00:51:51,639 the city and the 1039 00:51:51,639 --> 00:51:57,030 developer and that would facilitate us following the plat 1040 00:51:57,030 --> 00:51:58,559 that can be even 1041 00:51:58,559 --> 00:52:01,769 before the developer enters into an agreement with a 1042 00:52:01,769 --> 00:52:03,159 contractor use so you 1043 00:52:03,159 --> 00:52:07,110 can see that would be the next step following that and we 1044 00:52:07,110 --> 00:52:08,320 will talk I'm 1045 00:52:08,320 --> 00:52:11,559 running through this quickly this is a recap from last time 1046 00:52:11,559 --> 00:52:12,400 we talked about 1047 00:52:12,400 --> 00:52:15,400 the standard note 1048 00:52:20,840 --> 00:52:25,900 Julie this is my last presentation from the first time is 1049 00:52:25,900 --> 00:52:31,000 Julie here I mean 1050 00:52:31,000 --> 00:52:35,690 these first slides were almost identical but the rest are 1051 00:52:35,690 --> 00:52:44,360 not okay it should say 1052 00:52:55,360 --> 00:53:00,889 maybe it's a good time to break for dinner I'm sorry I'm 1053 00:53:00,889 --> 00:53:02,079 gonna call a 1054 00:53:02,079 --> 00:53:08,480 recess at 555 and we'll reconvene as quickly as we can 1055 00:53:25,960 --> 00:53:28,000 you 1056 00:53:55,360 --> 00:54:14,320 okay welcome back and I will call us back to order at 602 1057 00:54:14,320 --> 00:54:17,559 all right thank you 1058 00:54:17,559 --> 00:54:20,170 sorry sorry about the interruption no problem I think it 1059 00:54:20,170 --> 00:54:21,119 was my fault I think I 1060 00:54:21,119 --> 00:54:25,960 may have sent Julie the wrong version of the we have the 1061 00:54:25,960 --> 00:54:27,400 right one now we're good 1062 00:54:27,400 --> 00:54:34,599 but basically I'll pick up where I left off I'd like to use 1063 00:54:34,599 --> 00:54:38,960 the pointer though 1064 00:54:42,239 --> 00:54:45,230 so some of the questions that were raised at the last 1065 00:54:45,230 --> 00:54:47,360 meeting from the 1066 00:54:47,360 --> 00:54:51,829 public and from the commissioners included what's a 1067 00:54:51,829 --> 00:54:53,840 developer's capacity 1068 00:54:53,840 --> 00:54:58,369 to get bonded as opposed to a contractor what do other 1069 00:54:58,369 --> 00:55:00,440 cities require could 1070 00:55:00,440 --> 00:55:04,829 guarantees be issued to the developer and the contractor 1071 00:55:04,829 --> 00:55:06,559 such that the relates 1072 00:55:06,559 --> 00:55:10,239 expense of the bond or the guarantee is not doubled because 1073 00:55:10,239 --> 00:55:11,280 that can be a 1074 00:55:11,280 --> 00:55:14,969 considerable expense and would the city consider allowing 1075 00:55:14,969 --> 00:55:15,960 single-family 1076 00:55:15,960 --> 00:55:22,599 residential houses to be constructed prior to completion of 1077 00:55:22,599 --> 00:55:23,880 the right public 1078 00:55:23,880 --> 00:55:29,449 improvements so we've contacted numerous surety companies 1079 00:55:29,449 --> 00:55:30,960 there was at least eight 1080 00:55:30,960 --> 00:55:38,190 talked to many agents and vice presidents underwriters were 1081 00:55:38,190 --> 00:55:39,079 we made 1082 00:55:39,079 --> 00:55:43,610 attempts to contact you yes media is asking if you can make 1083 00:55:43,610 --> 00:55:44,440 it full screen 1084 00:55:44,440 --> 00:55:47,530 I guess it has something to do with their ability to to 1085 00:55:47,530 --> 00:55:50,519 show it to the public 1086 00:55:50,599 --> 00:55:58,639 there we go okay thank you we have we found that it's it's 1087 00:55:58,639 --> 00:55:59,760 extremely difficult 1088 00:55:59,760 --> 00:56:02,920 to get access to the the underwriters themselves but we did 1089 00:56:02,920 --> 00:56:04,079 talk to numerous 1090 00:56:04,079 --> 00:56:10,739 agents and vice presidents of these these companies we have 1091 00:56:10,739 --> 00:56:12,719 also contacted 1092 00:56:12,719 --> 00:56:18,800 several cities in the Metroplex and across the state and I 1093 00:56:18,800 --> 00:56:21,119 'll get into what 1094 00:56:21,119 --> 00:56:27,760 what kind of responses we're getting the sureties having 1095 00:56:27,760 --> 00:56:29,159 the the companies that 1096 00:56:29,159 --> 00:56:33,820 issue the bonds or the policies they've informed us and as 1097 00:56:33,820 --> 00:56:35,000 I mentioned an 1098 00:56:35,000 --> 00:56:39,559 example last time I talked to you the one I had talked to 1099 00:56:39,559 --> 00:56:41,280 said that in many 1100 00:56:41,280 --> 00:56:45,929 cases they they do issue bonds these sorts of bonds to 1101 00:56:45,929 --> 00:56:47,239 developers but it is 1102 00:56:47,239 --> 00:56:51,030 more typical for them to issue them to contractors for a 1103 00:56:51,030 --> 00:56:52,679 surety to issue a 1104 00:56:52,679 --> 00:56:57,340 performance bond to a developer they they typically require 1105 00:56:57,340 --> 00:56:58,480 that developer to 1106 00:56:58,480 --> 00:57:03,829 sign personally and not as a newly formed LLC for instance 1107 00:57:03,829 --> 00:57:05,079 to demonstrate a 1108 00:57:05,079 --> 00:57:14,329 track record a good fiscal track record and more commonly 1109 00:57:14,329 --> 00:57:15,280 cities allow 1110 00:57:15,280 --> 00:57:21,360 developers to provide a alternative fiscal guarantee other 1111 00:57:21,360 --> 00:57:21,599 than a 1112 00:57:21,599 --> 00:57:26,800 performance bond and it could take many forms it could be a 1113 00:57:26,800 --> 00:57:28,079 irrevocable letter 1114 00:57:28,079 --> 00:57:33,110 of credit like from a bank what we found to be called a 1115 00:57:33,110 --> 00:57:34,599 subdivision in 1116 00:57:34,599 --> 00:57:37,380 maintenance bond some cities do something like that it's 1117 00:57:37,380 --> 00:57:38,079 very similar 1118 00:57:38,079 --> 00:57:41,760 to performance bond it's just with the developer named or 1119 00:57:41,760 --> 00:57:44,079 an escrow agreement 1120 00:57:44,079 --> 00:57:47,719 held by in which the funds are held by a third party and we 1121 00:57:47,719 --> 00:57:49,320 find the feedback 1122 00:57:49,320 --> 00:57:52,539 we're getting is the sureties recommend that cities require 1123 00:57:52,539 --> 00:57:53,719 that the developers 1124 00:57:53,719 --> 00:58:01,170 provide such fiscal guarantees they're not or they are and 1125 00:58:01,170 --> 00:58:01,880 that those 1126 00:58:01,880 --> 00:58:05,889 alternative guarantees are tend to be more readily 1127 00:58:05,889 --> 00:58:07,920 available to developers 1128 00:58:07,920 --> 00:58:12,070 than simply performance bonds some can get performance 1129 00:58:12,070 --> 00:58:13,480 bonds but for many 1130 00:58:13,480 --> 00:58:18,059 especially the smaller or perhaps newer developments it's 1131 00:58:18,059 --> 00:58:19,599 more of a challenge 1132 00:58:23,719 --> 00:58:28,230 as far as our feedback we've got from cities it's kind of 1133 00:58:28,230 --> 00:58:30,079 interesting because 1134 00:58:30,079 --> 00:58:34,050 we contact a lot of cities you know around the size of Dent 1135 00:58:34,050 --> 00:58:36,159 on or larger and 1136 00:58:36,159 --> 00:58:40,590 there's it varies greatly the requirements in contracting 1137 00:58:40,590 --> 00:58:41,400 and bonding 1138 00:58:41,400 --> 00:58:44,889 and timing of when they file a plat varies greatly from 1139 00:58:44,889 --> 00:58:45,960 city to city there 1140 00:58:45,960 --> 00:58:55,000 does not appear to be a typical process or protocol there's 1141 00:58:55,000 --> 00:58:56,440 there's it's quite a 1142 00:58:56,440 --> 00:59:03,210 bit of variance for instance some cities will not file the 1143 00:59:03,210 --> 00:59:04,760 plat until the 1144 00:59:04,760 --> 00:59:08,400 developer has constructed not just bonded but constructed 1145 00:59:08,400 --> 00:59:09,480 all related public 1146 00:59:09,480 --> 00:59:14,670 improvements you know some cities don't require development 1147 00:59:14,670 --> 00:59:15,840 contracts at all 1148 00:59:15,840 --> 00:59:22,280 just simply bonds we're not necessarily recommending those 1149 00:59:22,280 --> 00:59:23,920 I'm just I include 1150 00:59:23,920 --> 00:59:30,000 those as an example of how different cities can be we do 1151 00:59:30,000 --> 00:59:31,519 find that a lot of 1152 00:59:31,519 --> 00:59:35,119 the cities do offer several options as to what form the 1153 00:59:35,119 --> 00:59:36,719 developers guarantee 1154 00:59:36,719 --> 00:59:41,389 takes so as I mentioned before performance bond or 1155 00:59:41,389 --> 00:59:42,880 alternatively 1156 00:59:42,880 --> 00:59:47,280 subdivision development bond irrevocable letter of credit 1157 00:59:47,280 --> 00:59:48,840 and escrow agreement 1158 00:59:48,840 --> 00:59:53,780 or something like that and a couple examples of note that I 1159 00:59:53,780 --> 00:59:54,679 've included 1160 00:59:54,679 --> 01:00:01,110 because they are along similar lines as what staff is 1161 01:00:01,110 --> 01:00:04,119 exploring and pursuing here 1162 01:00:04,119 --> 01:00:10,199 as far as procedure changes and allowing plat filing 1163 01:00:10,199 --> 01:00:13,599 earlier one is Georgetown 1164 01:00:13,599 --> 01:00:18,179 it's about 64,000 people but it is growing rapidly and San 1165 01:00:18,179 --> 01:00:19,400 Antonio which of 1166 01:00:19,400 --> 01:00:25,480 course is a large city Georgetown in the Austin area they 1167 01:00:25,480 --> 01:00:27,280 allow the plat to be 1168 01:00:27,280 --> 01:00:31,420 filed prior to completion of the public's improvements once 1169 01:00:31,420 --> 01:00:32,320 a fiscal 1170 01:00:32,320 --> 01:00:38,719 surety or guarantee has been issued and again this can be a 1171 01:00:38,719 --> 01:00:40,800 trust agreement I 1172 01:00:40,800 --> 01:00:43,199 believe that's similar to an escrow agreement that can be 1173 01:00:43,199 --> 01:00:43,920 drawn from by the 1174 01:00:43,920 --> 01:00:48,409 city if need be an irrevocable letter of credit or you know 1175 01:00:48,409 --> 01:00:49,239 back to the 1176 01:00:49,239 --> 01:00:56,159 performance bond and I know one request that was mentioned 1177 01:00:56,159 --> 01:00:57,679 or a suggestion or a 1178 01:00:57,679 --> 01:01:04,679 concern raised last time was structuring this in a way that 1179 01:01:04,679 --> 01:01:06,480 homes could be lots 1180 01:01:06,480 --> 01:01:09,579 could be sold prior to the completion of public 1181 01:01:09,579 --> 01:01:11,800 improvements and apparently that 1182 01:01:11,800 --> 01:01:16,010 that is that is feasible with this arrangement that 1183 01:01:16,010 --> 01:01:18,400 Georgetown does San 1184 01:01:18,400 --> 01:01:24,010 Antonio is the only one I mentioned they will not approve a 1185 01:01:24,010 --> 01:01:25,719 plat until the 1186 01:01:25,719 --> 01:01:29,090 developer signs the three pages only three pages shorter 1187 01:01:29,090 --> 01:01:30,639 than ours the 1188 01:01:30,639 --> 01:01:36,099 performance agreement that ensures they complete the public 1189 01:01:36,099 --> 01:01:38,480 improvements but as 1190 01:01:38,480 --> 01:01:41,710 far as as far and we're not necessarily recommending 1191 01:01:41,710 --> 01:01:43,480 holding approval like that 1192 01:01:43,480 --> 01:01:48,639 but they do allow for an approved plat to be filed before 1193 01:01:48,639 --> 01:01:49,719 the public 1194 01:01:49,719 --> 01:01:52,670 improvements are completed if the developer provides the 1195 01:01:52,670 --> 01:01:54,039 fiscal guarantee 1196 01:01:54,039 --> 01:01:58,449 within three years of plat approval and again they they 1197 01:01:58,449 --> 01:02:00,400 give options performance 1198 01:02:00,400 --> 01:02:04,880 bond the irrevocable trust agreement or standby letter of 1199 01:02:04,880 --> 01:02:05,719 credit like from a 1200 01:02:05,719 --> 01:02:17,860 bank or a cashier's check. So before I head into that this 1201 01:02:17,860 --> 01:02:19,440 is in a nutshell 1202 01:02:19,440 --> 01:02:25,159 what we're finding is while there are cases that we had 1203 01:02:25,159 --> 01:02:27,199 found and are still 1204 01:02:27,199 --> 01:02:33,400 finding of developers being able to in some cases being 1205 01:02:33,400 --> 01:02:35,760 required to provide 1206 01:02:35,760 --> 01:02:42,960 performance bonds it is we do find that it is more 1207 01:02:42,960 --> 01:02:44,320 difficult for many of them 1208 01:02:44,320 --> 01:02:48,280 especially the smaller ones to acquire that sort of 1209 01:02:48,280 --> 01:02:50,360 guarantee but there are 1210 01:02:50,360 --> 01:02:54,460 other avenues to achieve that that sort of protection for 1211 01:02:54,460 --> 01:02:56,519 the city and that's 1212 01:02:56,519 --> 01:03:03,000 I should I should tonight say and again we will bring this 1213 01:03:03,000 --> 01:03:05,639 to you again on the 1214 01:03:05,639 --> 01:03:11,789 11th we are staff is continuing to to what we've gathered 1215 01:03:11,789 --> 01:03:13,599 this research now 1216 01:03:13,599 --> 01:03:17,159 we're having a lot of discussions internally we're working 1217 01:03:17,159 --> 01:03:17,880 with legal 1218 01:03:17,880 --> 01:03:24,170 department we are and other departments we are still in the 1219 01:03:24,170 --> 01:03:25,280 process of drafting 1220 01:03:25,280 --> 01:03:28,340 the agreements the two two-way agreements that we mentioned 1221 01:03:28,340 --> 01:03:28,880 last time 1222 01:03:28,880 --> 01:03:34,610 so we we are we're still this is still a high level 1223 01:03:34,610 --> 01:03:37,199 presentation but I did want 1224 01:03:37,199 --> 01:03:40,440 to show you our findings hopefully answer some of your 1225 01:03:40,440 --> 01:03:43,039 questions and you 1226 01:03:43,039 --> 01:03:47,429 know all this being said with some tweaks that I've 1227 01:03:47,429 --> 01:03:49,159 described here we are 1228 01:03:49,159 --> 01:03:54,039 hopeful that we can still pursue the same direction again 1229 01:03:54,039 --> 01:03:55,320 we think it was 1230 01:03:55,320 --> 01:03:58,219 streamlined things and we think it would accommodate the 1231 01:03:58,219 --> 01:03:59,559 frequent requests to file 1232 01:03:59,559 --> 01:04:08,260 plots earlier there was a also a request in the last public 1233 01:04:08,260 --> 01:04:12,360 hearing about allowing 1234 01:04:12,360 --> 01:04:18,860 or changing our code amending our code to allow for the 1235 01:04:18,860 --> 01:04:20,880 sort of hold harmless 1236 01:04:20,880 --> 01:04:26,579 language that we allow for multifamily or commercial that 1237 01:04:26,579 --> 01:04:28,400 is to say allowing 1238 01:04:28,400 --> 01:04:31,150 private improvements to start before the public 1239 01:04:31,150 --> 01:04:33,800 improvements are completed and I 1240 01:04:33,800 --> 01:04:36,150 want to address that a little bit and I think also I'd like 1241 01:04:36,150 --> 01:04:36,960 more than anything 1242 01:04:36,960 --> 01:04:39,829 like to just kind of discuss that a little more in the 1243 01:04:39,829 --> 01:04:41,960 public hearing we in 1244 01:04:41,960 --> 01:04:47,690 talking with with managers in in both our our building 1245 01:04:47,690 --> 01:04:49,519 inspections department 1246 01:04:49,519 --> 01:04:52,900 and our public works inspection department it's we it's I'm 1247 01:04:52,900 --> 01:04:53,559 told it's 1248 01:04:53,559 --> 01:04:57,199 not a request we frequently get certainly doesn't mean that 1249 01:04:57,199 --> 01:04:57,599 it's it's 1250 01:04:57,599 --> 01:05:02,539 not worth discussing and considering but I think one to 1251 01:05:02,539 --> 01:05:04,679 better understand the 1252 01:05:04,679 --> 01:05:09,519 request or the concern one one one kind of common response 1253 01:05:09,519 --> 01:05:11,760 it has been it's 1254 01:05:11,760 --> 01:05:18,480 say for a subdivision until the until the streets are grad 1255 01:05:18,480 --> 01:05:19,679 ed the utilities 1256 01:05:19,679 --> 01:05:24,829 installed the streets poured and cured it's going to be 1257 01:05:24,829 --> 01:05:27,039 very very difficult to 1258 01:05:27,039 --> 01:05:30,699 even get to the lot and of course there would be 1259 01:05:30,699 --> 01:05:33,760 coordination issues between the 1260 01:05:33,760 --> 01:05:38,269 contractors but perhaps that wasn't quite the scenario you 1261 01:05:38,269 --> 01:05:40,239 had in mind and I just 1262 01:05:40,239 --> 01:05:45,230 was what it would ask you I guess for further input or 1263 01:05:45,230 --> 01:05:47,559 discussion sure be 1264 01:05:47,559 --> 01:05:49,679 happy to that you want to do it in the public session 1265 01:05:49,679 --> 01:05:53,639 probably sure sure 1266 01:05:53,880 --> 01:05:58,829 next steps for staff as I mentioned will be continuing to 1267 01:05:58,829 --> 01:06:02,880 work with with legal on 1268 01:06:02,880 --> 01:06:10,789 generating revised development contract forms deciding upon 1269 01:06:10,789 --> 01:06:12,159 the allowable forms 1270 01:06:12,159 --> 01:06:18,239 of guarantee which options that the city of Denton would be 1271 01:06:18,239 --> 01:06:20,280 well served in in 1272 01:06:20,280 --> 01:06:25,750 allowing we will present this again in more detail at the 1273 01:06:25,750 --> 01:06:27,800 public hearing I 1274 01:06:27,800 --> 01:06:32,630 think we're talking about the the 11th of October for P&Z 1275 01:06:32,630 --> 01:06:33,960 and then the one 1276 01:06:33,960 --> 01:06:38,519 that's been advertised for October 17th for City Council 1277 01:06:38,519 --> 01:06:39,719 and that's the extent 1278 01:06:39,719 --> 01:06:42,300 of my presentation I apologize for the technical 1279 01:06:42,300 --> 01:06:43,699 difficulties thank you for 1280 01:06:43,699 --> 01:06:46,400 bearing with me I'd be happy to answer any questions 1281 01:06:46,400 --> 01:06:49,349 Commissioner Roselle I just one question I can re-ask in 1282 01:06:49,349 --> 01:06:51,000 the public but the 1283 01:06:51,000 --> 01:06:54,159 previous slide you had mentioned talking about allowable 1284 01:06:54,159 --> 01:06:55,599 forms of guarantee the 1285 01:06:55,599 --> 01:06:58,750 staff also including the development community to 1286 01:06:58,750 --> 01:07:00,199 understand what their 1287 01:07:00,199 --> 01:07:04,900 thoughts are on forms of guarantee whether it be a your 1288 01:07:04,900 --> 01:07:05,960 vocal trust or letter 1289 01:07:05,960 --> 01:07:08,300 of credit are those conversations happening internally and 1290 01:07:08,300 --> 01:07:09,719 externally I 1291 01:07:09,719 --> 01:07:16,019 know that internally for sure externally I know that mr. 1292 01:07:16,019 --> 01:07:17,400 Lee Allison who's here 1293 01:07:17,400 --> 01:07:23,130 tonight is has been in frequent contact with our legal 1294 01:07:23,130 --> 01:07:25,079 department as we are 1295 01:07:25,079 --> 01:07:30,840 going through this process and I believe legal has 1296 01:07:30,840 --> 01:07:33,159 addressed all your questions 1297 01:07:33,159 --> 01:07:39,030 thus far I realize what I'm presenting tonight no okay well 1298 01:07:39,030 --> 01:07:42,559 we will we will the 1299 01:07:42,559 --> 01:07:47,320 city will now I realize what I'm presenting tonight as far 1300 01:07:47,320 --> 01:07:47,579 as these 1301 01:07:47,579 --> 01:07:55,079 alternative guarantee forms are is new and and we certainly 1302 01:07:55,079 --> 01:07:58,320 can thank you 1303 01:07:58,320 --> 01:08:02,639 Commissioner Beck thank you just real quick Jim if you 1304 01:08:02,639 --> 01:08:03,440 could go back to those 1305 01:08:03,440 --> 01:08:06,630 slides that show the difference in the timeline from the 1306 01:08:06,630 --> 01:08:08,039 three-way contract to 1307 01:08:08,039 --> 01:08:12,360 the two-way contract sure you've got a total of looks like 1308 01:08:12,360 --> 01:08:15,320 13 weeks there oh no 1309 01:08:15,320 --> 01:08:20,340 that's cumulative so that's what I'm saying yeah from final 1310 01:08:20,340 --> 01:08:21,079 plan the 1311 01:08:21,079 --> 01:08:25,340 three-way agreement once you're at the three way the way it 1312 01:08:25,340 --> 01:08:26,800 is now it's about 1313 01:08:26,800 --> 01:08:31,550 six weeks before the plat can be filed is that correct yes 1314 01:08:31,550 --> 01:08:33,279 six six to seven 1315 01:08:33,279 --> 01:08:35,960 weeks okay and then that following process which includes 1316 01:08:35,960 --> 01:08:36,680 pre-construction 1317 01:08:36,680 --> 01:08:43,819 meeting and HHA is looking at seven so you had a total of 1318 01:08:43,819 --> 01:08:47,199 13 there right no no 1319 01:08:47,199 --> 01:08:58,640 yeah okay okay so I now go to the future so how how is the 1320 01:08:58,640 --> 01:09:01,119 developer served if 1321 01:09:01,119 --> 01:09:04,550 if essentially we're looking at seven weeks before permit 1322 01:09:04,550 --> 01:09:06,039 can be issued and 1323 01:09:06,039 --> 01:09:09,079 I'm sure I may be the only one who didn't understand that 1324 01:09:09,079 --> 01:09:10,000 but they get 1325 01:09:10,000 --> 01:09:13,489 their agreement signed earlier now the plan is filed 1326 01:09:13,489 --> 01:09:16,279 earlier so how does that 1327 01:09:16,279 --> 01:09:24,260 help overall with the project as far as building yeah yeah 1328 01:09:24,260 --> 01:09:25,000 that's a good 1329 01:09:25,000 --> 01:09:31,079 question well we we all can hear I guess when I'm at let me 1330 01:09:31,079 --> 01:09:32,119 try and rephrase it 1331 01:09:32,119 --> 01:09:34,960 from can they actually even though the plants been filed 1332 01:09:34,960 --> 01:09:35,920 can anything be done 1333 01:09:35,920 --> 01:09:41,119 on the ground yet before for these other processes are done 1334 01:09:41,119 --> 01:09:44,000 no okay so how are 1335 01:09:44,000 --> 01:09:49,109 they benefiting through this measure we get frequent 1336 01:09:49,109 --> 01:09:51,439 requests that to to file 1337 01:09:51,439 --> 01:10:01,220 the plant after approval by PNC and I think the most common 1338 01:10:01,220 --> 01:10:02,600 reason for that is 1339 01:10:02,600 --> 01:10:06,100 that developers often have financing for their project how 1340 01:10:06,100 --> 01:10:07,239 tied to the milestone 1341 01:10:07,239 --> 01:10:11,159 of plat filing but now oftentimes they're not necessarily 1342 01:10:11,159 --> 01:10:13,199 ready to hire a 1343 01:10:13,199 --> 01:10:18,920 contractor and start building a project we do see that but 1344 01:10:18,920 --> 01:10:21,760 it this change would 1345 01:10:21,760 --> 01:10:25,260 allow them to get the plat file earlier and give them more 1346 01:10:25,260 --> 01:10:26,600 flexibility is when 1347 01:10:26,600 --> 01:10:31,279 they can bring the contractor on board for that you know it 1348 01:10:31,279 --> 01:10:32,520 's I think it 1349 01:10:32,520 --> 01:10:38,229 was the response we got from I think it was San Antonio 1350 01:10:38,229 --> 01:10:41,239 they're saying it's very 1351 01:10:41,239 --> 01:10:45,789 common almost half the time the developers would rather 1352 01:10:45,789 --> 01:10:46,960 just bond or put 1353 01:10:46,960 --> 01:10:51,359 up a guarantee and not build right away we want to defer 1354 01:10:51,359 --> 01:10:52,319 that I guess what I'm 1355 01:10:52,319 --> 01:10:55,270 having fusion and maybe Jim can help with this is why would 1356 01:10:55,270 --> 01:10:56,199 a developer want 1357 01:10:56,199 --> 01:10:59,029 to get started if he didn't already have contractors lying 1358 01:10:59,029 --> 01:11:02,199 down is how is that if 1359 01:11:02,199 --> 01:11:05,220 you get your plan followed and you don't have contracts I 1360 01:11:05,220 --> 01:11:05,760 don't understand why 1361 01:11:05,760 --> 01:11:08,260 you don't already have them in place so can you help me 1362 01:11:08,260 --> 01:11:11,039 with that well someone's 1363 01:11:11,039 --> 01:11:14,779 gonna be the time frame and to Jim's point you're as a 1364 01:11:14,779 --> 01:11:16,399 condition depending on 1365 01:11:16,399 --> 01:11:20,609 each individual developers project the deal the drill 1366 01:11:20,609 --> 01:11:21,760 structure the business 1367 01:11:21,760 --> 01:11:25,039 structure right the filing of the plat may be a condition 1368 01:11:25,039 --> 01:11:25,800 of their loan to 1369 01:11:25,800 --> 01:11:30,760 fund for example and it's difficult to go start signing 1370 01:11:30,760 --> 01:11:31,680 contracts when you don't 1371 01:11:31,680 --> 01:11:34,880 have the funds in place and the letter of credit saying 1372 01:11:34,880 --> 01:11:37,039 okay yes we'll loan you 1373 01:11:37,039 --> 01:11:39,750 ten million dollars you're gonna go sign the ten million 1374 01:11:39,750 --> 01:11:41,000 dollar contract without 1375 01:11:41,000 --> 01:11:45,039 having that done for example so that's one thing another 1376 01:11:45,039 --> 01:11:47,439 reason would be it 1377 01:11:47,439 --> 01:11:50,680 may be as I mentioned I think last time was called paper 1378 01:11:50,680 --> 01:11:52,479 lots that they are done 1379 01:11:52,479 --> 01:11:54,939 they're they're ready to go and maybe the developer is not 1380 01:11:54,939 --> 01:11:55,800 going to actually 1381 01:11:55,800 --> 01:11:59,689 move the dirt and take them from a piece of paper lot to a 1382 01:11:59,689 --> 01:12:01,319 on the ground dirt lot 1383 01:12:01,319 --> 01:12:05,180 that they're gonna sell those lots as papers called a fully 1384 01:12:05,180 --> 01:12:06,039 entitled that you 1385 01:12:06,039 --> 01:12:08,380 can go out there and actually begin construction whenever 1386 01:12:08,380 --> 01:12:09,760 you would like as 1387 01:12:09,760 --> 01:12:12,359 long as that plat is still in full force to have a time 1388 01:12:12,359 --> 01:12:13,880 frame on them you would 1389 01:12:13,880 --> 01:12:18,479 then go over at whatever time that it is due to the market 1390 01:12:18,479 --> 01:12:19,520 conditions or 1391 01:12:19,520 --> 01:12:23,619 whatever external factors there may be there may be a sale 1392 01:12:23,619 --> 01:12:24,659 prior to actual 1393 01:12:24,659 --> 01:12:27,439 development so it's just more flexibility versus all of 1394 01:12:27,439 --> 01:12:28,079 these other 1395 01:12:28,079 --> 01:12:31,239 issues sometimes and things happen to go in and having 1396 01:12:31,239 --> 01:12:33,119 bonds in place they may 1397 01:12:33,119 --> 01:12:38,579 not even be ready to go to work but those are those are a 1398 01:12:38,579 --> 01:12:39,720 few scenarios maybe 1399 01:12:39,720 --> 01:12:42,880 not all but just some that come to mind right quick thank 1400 01:12:42,880 --> 01:12:46,239 you thank you 1401 01:12:49,520 --> 01:12:58,039 any other questions okay thank you Jim I think that's gonna 1402 01:12:58,039 --> 01:13:00,239 end our work session 1403 01:13:00,239 --> 01:13:05,840 so I'll close work session here at 620 we'll try to eat 1404 01:13:05,840 --> 01:13:07,479 really quick and then 1405 01:13:07,479 --> 01:13:11,720 reconvene at 630 thank you 1406 01:13:15,840 --> 01:13:18,300 good evening and welcome to the city of Denton planning and 1407 01:13:18,300 --> 01:13:19,479 zoning Commission 1408 01:13:19,479 --> 01:13:24,989 meeting for September 27 2017 this meeting has been duly 1409 01:13:24,989 --> 01:13:26,039 posted we do have 1410 01:13:26,039 --> 01:13:30,779 a quorum present and I will call us to order at 642 our 1411 01:13:30,779 --> 01:13:31,920 first order of business 1412 01:13:31,920 --> 01:13:36,060 will be to stand and give the pledge to us in the Texas 1413 01:13:36,060 --> 01:13:36,479 flag 1414 01:13:49,479 --> 01:13:52,479 invisible 1415 01:14:10,760 --> 01:14:13,159 our next order of business will be to have a motion for our 1416 01:14:13,159 --> 01:14:17,439 minutes unless we 1417 01:14:17,439 --> 01:14:22,609 have anybody has a change we'll just take those as one 1418 01:14:22,609 --> 01:14:26,960 motion okay a vote 1419 01:14:26,960 --> 01:14:31,220 individually okay we'll take a motion then for the August 9 1420 01:14:31,220 --> 01:14:32,720 th minutes 1421 01:14:32,720 --> 01:14:36,600 Commissioner Rizel I move to approve August 9th okay 1422 01:14:36,600 --> 01:14:37,760 Commissioner Beck 1423 01:14:37,760 --> 01:14:42,779 second okay I have a first and a second any discussion or 1424 01:14:42,779 --> 01:14:46,199 any changes seeing 1425 01:14:46,199 --> 01:14:49,479 none will call for a vote on board 1426 01:15:00,680 --> 01:15:02,109 motion is going to carry 4-0 with two recuse for not being 1427 01:15:02,109 --> 01:15:05,399 attendance for 1428 01:15:05,399 --> 01:15:09,079 those meetings and we'll move us to a motion for the 1429 01:15:09,079 --> 01:15:12,479 September 13th minutes 1430 01:15:16,239 --> 01:15:20,029 Commissioner Smith a motion to accept okay Commissioner Riz 1431 01:15:20,029 --> 01:15:22,159 el second okay we 1432 01:15:22,159 --> 01:15:28,270 have a first and a second for approval any discussion or 1433 01:15:28,270 --> 01:15:30,600 changes seeing none 1434 01:15:30,600 --> 01:15:33,680 a call for a vote on the board 1435 01:15:45,760 --> 01:15:52,159 that motion will carry 4-0 with three recuse for not being 1436 01:15:52,159 --> 01:15:52,960 attendance of that 1437 01:15:52,960 --> 01:15:58,300 particular meeting before we get started on the consent 1438 01:15:58,300 --> 01:15:59,840 agenda the chair is going 1439 01:15:59,840 --> 01:16:04,210 to change the order of the public hearings I'm going to 1440 01:16:04,210 --> 01:16:05,640 move item B to be 1441 01:16:05,640 --> 01:16:10,229 the first item that we will hear during our public hearing 1442 01:16:10,229 --> 01:16:11,880 section and the reason 1443 01:16:11,880 --> 01:16:17,000 for that is I have a conflict of interest on one of the 1444 01:16:17,000 --> 01:16:17,880 consent agenda 1445 01:16:17,880 --> 01:16:22,220 items and then I have a conflict of interest on item B and 1446 01:16:22,220 --> 01:16:23,399 so I'm going to 1447 01:16:23,399 --> 01:16:27,000 recuse myself on both of those items and I will turn the 1448 01:16:27,000 --> 01:16:28,640 chair over to our vice 1449 01:16:28,640 --> 01:16:32,720 chair Commissioner Rizel thank you 1450 01:16:42,119 --> 01:16:45,399 the next item on the agenda is the consent agenda and the 1451 01:16:45,399 --> 01:16:49,039 vice chair will 1452 01:16:49,039 --> 01:16:53,850 hear any votes or discussion on the consent agenda 1453 01:16:53,850 --> 01:16:56,439 Commissioner Ellis thank 1454 01:16:56,439 --> 01:16:59,140 you vice chair I move to approve the consent agenda and 1455 01:16:59,140 --> 01:17:00,359 Commissioner Sullivan 1456 01:17:00,359 --> 01:17:00,359 a second we have a first and a second any discussion you 1457 01:17:00,359 --> 01:17:08,359 vote on the board 1458 01:17:11,880 --> 01:17:29,680 the consent agenda passes 6-0 with one recusal the next 1459 01:17:29,680 --> 01:17:31,479 item on the agenda is 1460 01:17:31,479 --> 01:17:35,520 our public hearing item Z 1700 13 a this is a public 1461 01:17:35,520 --> 01:17:36,720 hearing so I'll open up the 1462 01:17:36,720 --> 01:17:41,850 public hearing and invite Julie Wyatt presentation vice 1463 01:17:41,850 --> 01:17:42,520 chair we're gonna move 1464 01:17:42,520 --> 01:17:48,659 item be it at the same thing work session Z 1700 15 still 1465 01:17:48,659 --> 01:17:49,760 miss Wyatt 1466 01:17:57,439 --> 01:17:58,510 all right did y'all want me to go through the end the whole 1467 01:17:58,510 --> 01:18:00,840 presentation 1468 01:18:00,840 --> 01:18:05,100 again or just do a summary it just fits up to you I think 1469 01:18:05,100 --> 01:18:05,880 we do the full 1470 01:18:05,880 --> 01:18:10,199 presentation great all right so the request before you is Z 1471 01:18:10,199 --> 01:18:11,560 1715 McKinney 1472 01:18:11,560 --> 01:18:17,640 Mayhill and this is to hold a public hearing and consider 1473 01:18:17,640 --> 01:18:17,880 making a 1474 01:18:17,880 --> 01:18:21,189 recommendation regarding a request to rezone approximately 1475 01:18:21,189 --> 01:18:22,399 73 acres from the 1476 01:18:22,399 --> 01:18:26,310 ECI zoning district to CMG zoning district just to orient 1477 01:18:26,310 --> 01:18:27,359 you the site is 1478 01:18:27,359 --> 01:18:32,149 generally located at the at the northeast corner of loop 28 1479 01:18:32,149 --> 01:18:32,720 8 and 1480 01:18:32,720 --> 01:18:38,050 McKinney currently the property has a zoning designation of 1481 01:18:38,050 --> 01:18:40,079 ECI it also has 1482 01:18:40,079 --> 01:18:45,760 frontage on on several major roads loop 288 McKinney and 1483 01:18:45,760 --> 01:18:47,439 then also the future 1484 01:18:47,439 --> 01:18:53,159 alignment of Mayhill it also has some frontage on market 1485 01:18:53,159 --> 01:18:55,199 and just to kind of 1486 01:18:55,199 --> 01:18:58,670 discuss what's existing on the site because there are a few 1487 01:18:58,670 --> 01:18:59,640 uses existing on 1488 01:18:59,640 --> 01:19:02,859 the site first of all on the north side of the property is 1489 01:19:02,859 --> 01:19:04,199 an existing building 1490 01:19:04,199 --> 01:19:07,140 it is come recently come to my attention that that that 1491 01:19:07,140 --> 01:19:08,319 property has actually 1492 01:19:08,319 --> 01:19:11,369 sold and I believe the property owner for that for that 1493 01:19:11,369 --> 01:19:12,640 piece of property is 1494 01:19:12,640 --> 01:19:15,420 here tonight and we'll be able to speak to you after my 1495 01:19:15,420 --> 01:19:17,840 presentation and I 1496 01:19:17,840 --> 01:19:21,409 believe that as it is currently being used as a community 1497 01:19:21,409 --> 01:19:22,640 service facility 1498 01:19:22,640 --> 01:19:26,890 there's also some warehouses on the property as well as 1499 01:19:26,890 --> 01:19:28,239 some single-family 1500 01:19:28,239 --> 01:19:32,970 homes there was once a lumberyard at the corner of loop 288 1501 01:19:32,970 --> 01:19:33,800 and McKinney that is 1502 01:19:33,800 --> 01:19:37,090 no longer there and then there's some there's quite a few 1503 01:19:37,090 --> 01:19:38,000 trees within the 1504 01:19:38,000 --> 01:19:40,760 center of the property so just to let you know prior to 1505 01:19:40,760 --> 01:19:42,319 development they will 1506 01:19:42,319 --> 01:19:45,239 have there will be an environmental sensitive area 1507 01:19:45,239 --> 01:19:46,199 assessment that will need 1508 01:19:46,199 --> 01:19:49,800 to be done in order to determine if this is upland habitat 1509 01:19:49,800 --> 01:19:50,840 if it is an additional 1510 01:19:50,840 --> 01:19:54,760 tree preservation requirements may apply 1511 01:19:55,600 --> 01:19:58,109 so to begin our analysis we first look at what the 1512 01:19:58,109 --> 01:19:59,720 properties are immediately 1513 01:19:59,720 --> 01:20:03,310 adjacent to the site so within about 200 feet so you can 1514 01:20:03,310 --> 01:20:04,920 see there is adjacent 1515 01:20:04,920 --> 01:20:08,189 ECI which includes some self-storage uses some office uses 1516 01:20:08,189 --> 01:20:09,079 as well as some 1517 01:20:09,079 --> 01:20:14,100 vehicle repair to the north there's also CMG and CME across 1518 01:20:14,100 --> 01:20:15,199 loop 288 and 1519 01:20:15,199 --> 01:20:18,930 McKinney which includes commercial development as well as 1520 01:20:18,930 --> 01:20:20,119 multifamily in 1521 01:20:20,119 --> 01:20:24,520 our MU is across loop 288 to the north which has developed 1522 01:20:24,520 --> 01:20:25,920 with a multifamily 1523 01:20:25,920 --> 01:20:30,800 use if we zoom out a little further we see that further 1524 01:20:30,800 --> 01:20:31,600 further west you've 1525 01:20:31,600 --> 01:20:34,170 got a single-family residential neighborhood that has an NR 1526 01:20:34,170 --> 01:20:34,720 for zoning 1527 01:20:34,720 --> 01:20:39,159 district some NR MU 12 in this area which has multifamily 1528 01:20:39,159 --> 01:20:40,920 development RD 5x 1529 01:20:40,920 --> 01:20:45,329 off to the east which includes office single-family office 1530 01:20:45,329 --> 01:20:46,159 and single-family 1531 01:20:46,159 --> 01:20:49,319 development as well as some agriculture and then in our in 1532 01:20:49,319 --> 01:20:50,359 our two which has a 1533 01:20:50,359 --> 01:20:55,750 high school on it so it has quite a few mix of uses one of 1534 01:20:55,750 --> 01:20:57,199 the large factors in 1535 01:20:57,199 --> 01:21:01,520 our analysis of this request was the mobility of the area 1536 01:21:01,520 --> 01:21:03,479 in terms of the 1537 01:21:03,479 --> 01:21:06,729 access to the site and that will the final access will be 1538 01:21:06,729 --> 01:21:07,680 done upon site 1539 01:21:07,680 --> 01:21:11,869 planning and platting but in terms of what what the nearby 1540 01:21:11,869 --> 01:21:13,079 road network is 1541 01:21:13,079 --> 01:21:16,340 first of all we've got a secondary arterial which is McKin 1542 01:21:16,340 --> 01:21:17,800 ney the intent of 1543 01:21:17,800 --> 01:21:21,229 a secondary arterial is to move our residents through the 1544 01:21:21,229 --> 01:21:22,039 city to different 1545 01:21:22,039 --> 01:21:28,159 parts of the city it also has an existing arterial loop 288 1546 01:21:28,159 --> 01:21:28,880 we probably 1547 01:21:28,880 --> 01:21:32,189 are all familiar with in this area it's it's a commercial 1548 01:21:32,189 --> 01:21:33,880 corridor and the 1549 01:21:33,880 --> 01:21:36,409 intent of an arterial is to move people not only through 1550 01:21:36,409 --> 01:21:37,439 the city but into and 1551 01:21:37,439 --> 01:21:42,500 out of the city and then we also have a an arterial that is 1552 01:21:42,500 --> 01:21:43,680 is soon to be 1553 01:21:43,680 --> 01:21:47,250 constructed and that is the realignment of May Hill and I 1554 01:21:47,250 --> 01:21:48,600 will go into that a 1555 01:21:48,600 --> 01:21:50,869 little further on the next slide but but that is also 1556 01:21:50,869 --> 01:21:52,239 functioning functioning as 1557 01:21:52,239 --> 01:21:54,510 an arterial to move people into the city as well as through 1558 01:21:54,510 --> 01:21:55,319 through the city 1559 01:21:55,319 --> 01:21:58,539 there's also some collectors Mills Road as well as some 1560 01:21:58,539 --> 01:22:00,039 collectors to the north 1561 01:22:00,039 --> 01:22:03,510 of the subject property and then let's take a little closer 1562 01:22:03,510 --> 01:22:04,479 look at or a little 1563 01:22:04,479 --> 01:22:08,239 further outlook zoomed outlook of May Hill so right now you 1564 01:22:08,239 --> 01:22:09,439 can see the subject 1565 01:22:09,439 --> 01:22:14,510 property is here in that yellow star and this this dot dash 1566 01:22:14,510 --> 01:22:16,119 ed line is is a a 1567 01:22:16,119 --> 01:22:20,479 schematic of the future of May Hill alignment and that is 1568 01:22:20,479 --> 01:22:21,479 intended to 1569 01:22:21,479 --> 01:22:25,159 connect to go to go north of the city as well as connect to 1570 01:22:25,159 --> 01:22:27,439 the south to 2499 at 1571 01:22:27,439 --> 01:22:31,359 Teasley and that goes all the way to DFW Airport so this is 1572 01:22:31,359 --> 01:22:32,680 going to be quite a 1573 01:22:32,680 --> 01:22:35,760 regional connection that will affect not only the 1574 01:22:35,760 --> 01:22:37,520 development of the subject 1575 01:22:37,520 --> 01:22:42,869 property but but a lot of the property along that corridor 1576 01:22:42,869 --> 01:22:44,760 didn't plan 2030 1577 01:22:44,760 --> 01:22:48,649 identifies this area as as in terms of future land use and 1578 01:22:48,649 --> 01:22:49,560 what type of 1579 01:22:49,560 --> 01:22:52,489 development we want to see as community mixed use the 1580 01:22:52,489 --> 01:22:53,960 intent of community mixed 1581 01:22:53,960 --> 01:22:56,380 use is to promote a mix of uses but predominantly 1582 01:22:56,380 --> 01:22:57,800 commercial commercial 1583 01:22:57,800 --> 01:23:02,380 development with some possible residential service or other 1584 01:23:02,380 --> 01:23:03,319 office uses 1585 01:23:03,319 --> 01:23:06,439 employment uses this development should complement the 1586 01:23:06,439 --> 01:23:08,239 existing development use 1587 01:23:08,239 --> 01:23:11,600 pattern and and design and should raise that standard of 1588 01:23:11,600 --> 01:23:12,720 design and have it 1589 01:23:12,720 --> 01:23:16,670 develop in a commercial way typical development it would be 1590 01:23:16,670 --> 01:23:16,960 the the 1591 01:23:16,960 --> 01:23:21,159 supermarkets drugstores specialty shops maybe midsize 1592 01:23:21,159 --> 01:23:23,000 offices and and possibly 1593 01:23:23,000 --> 01:23:27,279 higher density housing the uses within the proposed CMG 1594 01:23:27,279 --> 01:23:29,079 district do align with 1595 01:23:29,079 --> 01:23:32,960 the future land use so it is compatible and conforms to the 1596 01:23:32,960 --> 01:23:33,840 the goals of the 1597 01:23:33,840 --> 01:23:40,560 area per the Denton plan 2030 so when we look at a case we 1598 01:23:40,560 --> 01:23:41,720 we look at the 1599 01:23:41,720 --> 01:23:44,239 comprehensive plan but we also want to take a look at the 1600 01:23:44,239 --> 01:23:45,159 at the surrounding 1601 01:23:45,159 --> 01:23:48,119 properties and what the compatibility is and how we want to 1602 01:23:48,119 --> 01:23:49,039 see it develop so 1603 01:23:49,039 --> 01:23:52,890 staff does believe that CMG district is appropriate in this 1604 01:23:52,890 --> 01:23:53,880 location as we 1605 01:23:53,880 --> 01:23:57,880 typically want to see commercial type development on arter 1606 01:23:57,880 --> 01:23:59,199 ial roadways right 1607 01:23:59,199 --> 01:24:02,170 now under current zoning it is one of our more industrial 1608 01:24:02,170 --> 01:24:03,079 districts that 1609 01:24:03,079 --> 01:24:06,270 allows more some some industrial uses and allows us to 1610 01:24:06,270 --> 01:24:07,720 develop in an industrial 1611 01:24:07,720 --> 01:24:14,149 way and so staff feels like this is at this rezoning to CMG 1612 01:24:14,149 --> 01:24:14,960 would would would 1613 01:24:14,960 --> 01:24:17,390 not only get this property in conformance with the future 1614 01:24:17,390 --> 01:24:18,000 land use but 1615 01:24:18,000 --> 01:24:22,840 also would align with the the types of uses we typically 1616 01:24:22,840 --> 01:24:24,479 want to see when when 1617 01:24:24,479 --> 01:24:27,109 you've got this kind of access in terms of the Mayhill the 1618 01:24:27,109 --> 01:24:28,640 loop 288 and even 1619 01:24:28,640 --> 01:24:32,659 McKinney it is a logical extension of the existing zoning 1620 01:24:32,659 --> 01:24:34,319 pattern if you just 1621 01:24:34,319 --> 01:24:38,579 take a look on the bottom picture map you've got CMG on 1622 01:24:38,579 --> 01:24:40,199 three corners of that 1623 01:24:40,199 --> 01:24:44,680 loop 288 McKinney intersection so this really is just a 1624 01:24:44,680 --> 01:24:45,319 completion of that 1625 01:24:45,319 --> 01:24:49,210 intersection and as I said the future and existing road 1626 01:24:49,210 --> 01:24:50,560 network provides 1627 01:24:50,560 --> 01:24:54,310 adequate access and is appropriate for that CMG we do we do 1628 01:24:54,310 --> 01:24:55,039 want to be sensitive 1629 01:24:55,039 --> 01:24:58,229 to the adjacent residential and the nearby residential and 1630 01:24:58,229 --> 01:24:59,119 so in looking at 1631 01:24:59,119 --> 01:25:03,390 this that that existing roadway network does provide some 1632 01:25:03,390 --> 01:25:04,399 separation from these 1633 01:25:04,399 --> 01:25:07,960 commercial uses to those residential neighborhoods nearby 1634 01:25:07,960 --> 01:25:08,720 provides a little 1635 01:25:08,720 --> 01:25:12,930 bit of buffer a little bit of nuisance mitigation there was 1636 01:25:12,930 --> 01:25:13,760 a public 1637 01:25:13,760 --> 01:25:17,500 notification sent out and we received two notices in favor 1638 01:25:17,500 --> 01:25:18,479 and I believe I 1639 01:25:18,479 --> 01:25:23,010 provided those to you at the work session so based upon the 1640 01:25:23,010 --> 01:25:23,680 the criteria 1641 01:25:23,680 --> 01:25:26,710 for approval for that it must meet the future land use and 1642 01:25:26,710 --> 01:25:27,479 then also the 1643 01:25:27,479 --> 01:25:30,479 character of the area staff does recommend approval of the 1644 01:25:30,479 --> 01:25:31,079 request I'll 1645 01:25:31,079 --> 01:25:33,770 stand for any questions and the applicant is here to answer 1646 01:25:33,770 --> 01:25:34,279 any further 1647 01:25:34,279 --> 01:25:37,479 questions you have thank you Julie any questions for staff 1648 01:25:37,479 --> 01:25:38,039 at this time 1649 01:25:38,039 --> 01:25:42,319 Commissioner Beck thank you vice chair this probably isn't 1650 01:25:42,319 --> 01:25:43,119 necessarily 1651 01:25:43,119 --> 01:25:47,810 appropriate question for zone chain thing but the expansion 1652 01:25:47,810 --> 01:25:48,840 of McKinney 1653 01:25:48,840 --> 01:25:51,180 obviously if we're going to make the second arterial has to 1654 01:25:51,180 --> 01:25:51,760 be four lanes 1655 01:25:51,760 --> 01:25:56,140 correct two lanes going each way if this plan goes through 1656 01:25:56,140 --> 01:25:58,119 all the way can we 1657 01:25:58,119 --> 01:26:02,420 expect McKinney to be widened by the time completion of 1658 01:26:02,420 --> 01:26:03,399 construction or maybe 1659 01:26:03,399 --> 01:26:07,149 even prior to well I don't know about any city projects 1660 01:26:07,149 --> 01:26:07,840 associated with 1661 01:26:07,840 --> 01:26:10,380 McKinney but in terms of the current requirements for 1662 01:26:10,380 --> 01:26:11,560 development within the 1663 01:26:11,560 --> 01:26:17,319 city at the time of development a developer would have to 1664 01:26:17,319 --> 01:26:18,000 improve their 1665 01:26:18,000 --> 01:26:22,050 section of that road for their half so there would be right 1666 01:26:22,050 --> 01:26:23,199 of way dedication 1667 01:26:23,199 --> 01:26:27,050 associated with the plat so if there's not if there's if we 1668 01:26:27,050 --> 01:26:27,920 if the existing 1669 01:26:27,920 --> 01:26:30,260 right away doesn't match what with the future expansion of 1670 01:26:30,260 --> 01:26:31,079 McKinney is then 1671 01:26:31,079 --> 01:26:33,439 then if that would have to be dedicated at the time of plat 1672 01:26:33,439 --> 01:26:34,680 ting and then during 1673 01:26:34,680 --> 01:26:37,560 site planning construction any public perimeter 1674 01:26:37,560 --> 01:26:39,479 improvements would on those 1675 01:26:39,479 --> 01:26:42,430 streets would have to be completed so the developer would 1676 01:26:42,430 --> 01:26:43,199 be responsible for 1677 01:26:43,199 --> 01:26:47,000 at least two lanes that about their property on the Kennedy 1678 01:26:47,000 --> 01:26:48,880 well in terms of 1679 01:26:48,880 --> 01:26:54,000 I could why don't I call Jim jinx out and he can be a 1680 01:26:54,000 --> 01:26:55,039 little more specificity 1681 01:26:55,039 --> 01:26:58,439 so I'll have Jim come up 1682 01:27:05,720 --> 01:27:09,819 so the question was required improvements to McKinney 1683 01:27:09,819 --> 01:27:10,720 Street itself 1684 01:27:10,720 --> 01:27:19,720 right okay at the time of construction right right I don't 1685 01:27:19,720 --> 01:27:20,359 think on this 1686 01:27:20,359 --> 01:27:26,439 project I don't think a plat has been submitted yet right 1687 01:27:26,439 --> 01:27:27,439 so we really haven't 1688 01:27:27,439 --> 01:27:33,159 gotten to those issues yet okay however I mean our typical 1689 01:27:33,159 --> 01:27:35,439 exactions would be 1690 01:27:35,439 --> 01:27:39,640 right away along the applicants frontage McKinney is a 1691 01:27:39,640 --> 01:27:42,800 secondary arterial so 1692 01:27:42,800 --> 01:27:48,399 typical exaction there would be half the ultimate 110 foot 1693 01:27:48,399 --> 01:27:50,239 section 55 foot in 1694 01:27:50,239 --> 01:27:55,970 this case beyond that like I said we those sorts of things 1695 01:27:55,970 --> 01:27:57,279 usually are 1696 01:27:57,279 --> 01:28:01,210 determined upon platting okay and McKinney is still a text 1697 01:28:01,210 --> 01:28:03,720 dot no no sir 1698 01:28:03,720 --> 01:28:07,520 not anymore I believe last year it converted over to the 1699 01:28:07,520 --> 01:28:08,720 city okay I knew 1700 01:28:08,720 --> 01:28:15,800 that that was in the plans okay great thank you Jim any 1701 01:28:15,800 --> 01:28:16,640 other questions for 1702 01:28:16,640 --> 01:28:20,050 stuff Commissioner Ellis thank you vice-chair Julie did we 1703 01:28:20,050 --> 01:28:21,199 ever clarify if 1704 01:28:21,199 --> 01:28:25,680 there were private homeowners on that side of the property 1705 01:28:25,680 --> 01:28:26,800 I think the 1706 01:28:26,800 --> 01:28:29,399 applicant would be able to answer that a little more fully 1707 01:28:29,399 --> 01:28:30,319 I did speak with him 1708 01:28:30,319 --> 01:28:32,800 before this meeting and he said those houses were vacant 1709 01:28:32,800 --> 01:28:33,680 but you may want to 1710 01:28:33,680 --> 01:28:36,920 confirm it with him and make sure that we're all talking 1711 01:28:36,920 --> 01:28:38,199 about the same thing 1712 01:28:38,560 --> 01:28:40,729 thank you Julie I think that's all the questions we have 1713 01:28:40,729 --> 01:28:41,520 this is a public 1714 01:28:41,520 --> 01:28:44,109 hearing anyone wishing to speak can do so I have two cards 1715 01:28:44,109 --> 01:28:44,960 for individuals 1716 01:28:44,960 --> 01:28:49,359 wanting to speak the first would be Pat Smith if you would 1717 01:28:49,359 --> 01:28:52,079 like to come down if 1718 01:28:52,079 --> 01:28:55,840 you're wishing to speak if you just say your name and 1719 01:28:55,840 --> 01:28:57,600 address and you have four 1720 01:28:57,600 --> 01:29:03,329 minutes good evening I'm Pat Smith 1417 Cambridge Lane I 1721 01:29:03,329 --> 01:29:04,880 represent that an 1722 01:29:04,880 --> 01:29:07,930 assistant center also known as served in we are currently 1723 01:29:07,930 --> 01:29:08,840 the owners of the 1724 01:29:08,840 --> 01:29:13,420 building at 306 North Loop 288 we acquired that as of 1725 01:29:13,420 --> 01:29:16,479 September 1st just 1726 01:29:16,479 --> 01:29:20,779 simply to state that we fully support this request this 1727 01:29:20,779 --> 01:29:23,039 will become a 1728 01:29:23,039 --> 01:29:28,500 multi-tenant facility for nonprofits to include a health 1729 01:29:28,500 --> 01:29:30,359 clinic offices for 1730 01:29:30,359 --> 01:29:33,409 about nine different agencies as of right now with the 1731 01:29:33,409 --> 01:29:34,640 capability to serve 1732 01:29:34,640 --> 01:29:38,640 several other agencies and we're very excited about the 1733 01:29:38,640 --> 01:29:40,840 opportunity to begin 1734 01:29:40,840 --> 01:29:43,810 construction in the next couple weeks and we'll keep you 1735 01:29:43,810 --> 01:29:45,600 updated as we go any 1736 01:29:45,600 --> 01:29:50,399 questions Commissioner Smith Mr. Smith for clarification 1737 01:29:50,399 --> 01:29:51,640 just for any ethical 1738 01:29:51,640 --> 01:29:54,159 issues that I may fall into can you clarify your role 1739 01:29:54,159 --> 01:29:55,119 currently with serve 1740 01:29:55,119 --> 01:29:59,159 Denton yes I am a board member I am not executive director 1741 01:29:59,159 --> 01:29:59,880 you receive no 1742 01:29:59,880 --> 01:30:01,930 compensation whatsoever from the organization right now 1743 01:30:01,930 --> 01:30:04,079 correct thank you 1744 01:30:04,079 --> 01:30:08,439 I sure I do have a comment yes our question for mr. Smith 1745 01:30:08,439 --> 01:30:10,000 mr. Smith it's my 1746 01:30:10,000 --> 01:30:13,000 understanding you purchased the property in September or 1747 01:30:13,000 --> 01:30:14,760 closed or not not you 1748 01:30:14,760 --> 01:30:18,449 person but served in at the time of submittal of the 1749 01:30:18,449 --> 01:30:19,760 application it was 1750 01:30:19,760 --> 01:30:22,520 under a different ownership and so the application was 1751 01:30:22,520 --> 01:30:23,960 submitted under that 1752 01:30:23,960 --> 01:30:28,720 understanding however now that the served in owns the 1753 01:30:28,720 --> 01:30:30,720 property are you okay 1754 01:30:30,720 --> 01:30:33,439 with the zoning district because it is going to be included 1755 01:30:33,439 --> 01:30:35,159 the property is as 1756 01:30:35,159 --> 01:30:41,239 long as the current property owner is in agreement with the 1757 01:30:41,239 --> 01:30:43,239 application moving 1758 01:30:43,239 --> 01:30:47,039 forward and is this yes okay we've checked the 1759 01:30:47,039 --> 01:30:48,800 compatibility code there's 1760 01:30:48,800 --> 01:30:54,189 no issues for our perspective and so that to close the loop 1761 01:30:54,189 --> 01:30:55,640 we will require 1762 01:30:55,640 --> 01:31:01,149 served in the representative of served in to help clarify 1763 01:31:01,149 --> 01:31:02,600 the issue fill out 1764 01:31:02,600 --> 01:31:06,960 and sign the application so that it's in our records to 1765 01:31:06,960 --> 01:31:08,920 show that the property 1766 01:31:08,920 --> 01:31:12,470 owner is in agreement of the zoning change we'll be happy 1767 01:31:12,470 --> 01:31:15,199 to do that see no 1768 01:31:15,199 --> 01:31:18,149 other questions thank you mr. Smith the next card I have is 1769 01:31:18,149 --> 01:31:19,680 for Greg Johnson so 1770 01:31:19,680 --> 01:31:22,500 you can just state your name and address for the record and 1771 01:31:22,500 --> 01:31:23,800 you got four minutes 1772 01:31:23,800 --> 01:31:27,899 as well shocker but I actually won't take my four minutes 1773 01:31:27,899 --> 01:31:28,359 it'd be the first 1774 01:31:28,359 --> 01:31:31,439 time ever thank you all for your service I just want to 1775 01:31:31,439 --> 01:31:32,239 speak in favor of this 1776 01:31:32,239 --> 01:31:36,739 project our firm leases and sells a lot of property on loop 1777 01:31:36,739 --> 01:31:39,279 288 corridor I think 1778 01:31:39,279 --> 01:31:42,039 it's safe to say that that corner is rather blighted today 1779 01:31:42,039 --> 01:31:43,399 mr. strange has 1780 01:31:43,399 --> 01:31:45,739 assembled a lot of property there with the opportunity to 1781 01:31:45,739 --> 01:31:46,520 create a real true 1782 01:31:46,520 --> 01:31:50,659 quality mixed-use project I think we'd be really proud of 1783 01:31:50,659 --> 01:31:51,800 and that would 1784 01:31:51,800 --> 01:31:54,899 continue that quality development going to the north it's 1785 01:31:54,899 --> 01:31:56,359 kind of stopped you 1786 01:31:56,359 --> 01:31:59,090 know down there south of the county annex right now and I 1787 01:31:59,090 --> 01:31:59,960 think this project 1788 01:31:59,960 --> 01:32:03,920 would continue and and and really we'd love to see a 1789 01:32:03,920 --> 01:32:05,800 quality grocery store 1790 01:32:05,800 --> 01:32:10,289 there and I think that once this thing kicks off I think we 1791 01:32:10,289 --> 01:32:10,800 'll be able to 1792 01:32:10,800 --> 01:32:13,880 attract a lot higher quality tenants that have been a 1793 01:32:13,880 --> 01:32:15,079 little bit scared of 1794 01:32:15,079 --> 01:32:18,020 that part of town that all seem to want to be close to 1795 01:32:18,020 --> 01:32:19,439 raise a ranch and group 1796 01:32:19,439 --> 01:32:21,800 together up there and so I would highly encourage you to 1797 01:32:21,800 --> 01:32:22,560 recommend approval of 1798 01:32:22,560 --> 01:32:24,630 this project because I think it's really going to help that 1799 01:32:24,630 --> 01:32:25,600 part of town thank 1800 01:32:25,600 --> 01:32:29,260 you see any other questions I have one more card mr. JV 1801 01:32:29,260 --> 01:32:31,319 strange if you just 1802 01:32:31,319 --> 01:32:35,819 state your name and address you have four minutes good 1803 01:32:35,819 --> 01:32:36,760 evening ladies and 1804 01:32:36,760 --> 01:32:40,800 gentlemen my name is JV strange my office address is 531 1805 01:32:40,800 --> 01:32:42,079 North Locust in 1806 01:32:42,079 --> 01:32:46,039 Texas 76201 appreciate the opportunity to come before you 1807 01:32:46,039 --> 01:32:50,279 tonight I think that 1808 01:32:50,279 --> 01:32:53,920 mrs. white made a very comprehensive presentation both as a 1809 01:32:53,920 --> 01:32:54,760 work session and 1810 01:32:54,760 --> 01:32:57,989 tonight as to what the merits of this zoning case are 1811 01:32:57,989 --> 01:32:59,640 appreciate mr. Johnson 1812 01:32:59,640 --> 01:33:02,529 - he pretty much stole my thunder so probably could give 1813 01:33:02,529 --> 01:33:03,600 him giving him part 1814 01:33:03,600 --> 01:33:07,770 of my four minutes but I did want to reiterate a couple 1815 01:33:07,770 --> 01:33:09,479 things as I mentioned 1816 01:33:09,479 --> 01:33:11,880 except through your work session this afternoon and I heard 1817 01:33:11,880 --> 01:33:12,399 a couple of 1818 01:33:12,399 --> 01:33:16,220 questions and to clarify where we are when you look at the 1819 01:33:16,220 --> 01:33:17,680 property bounded in 1820 01:33:17,680 --> 01:33:23,010 yellow we owned on or owned all that property when we 1821 01:33:23,010 --> 01:33:24,239 applied for our zoning 1822 01:33:24,239 --> 01:33:29,199 back in I think was May 17th we did own the county building 1823 01:33:29,199 --> 01:33:30,159 we didn't go into 1824 01:33:30,159 --> 01:33:34,840 contract to sell that to them until July 7th and then as mr 1825 01:33:34,840 --> 01:33:36,640 . Smith indicated that 1826 01:33:36,640 --> 01:33:40,109 property was closed near the end of August 1st September so 1827 01:33:40,109 --> 01:33:41,199 we were well into 1828 01:33:41,199 --> 01:33:44,359 the zoning at the point in time that that sale was contempl 1829 01:33:44,359 --> 01:33:46,000 ated I would take 1830 01:33:46,000 --> 01:33:49,420 it oversight by having not made sure with city that we 1831 01:33:49,420 --> 01:33:50,720 needed him included 1832 01:33:50,720 --> 01:33:52,909 but I think you've heard tonight he is willing to be 1833 01:33:52,909 --> 01:33:55,079 included we do not own the 1834 01:33:55,079 --> 01:33:59,220 2.157 acres at the southeast corner down at the 1835 01:33:59,220 --> 01:34:01,520 intersection of McKinney and Luke 1836 01:34:01,520 --> 01:34:06,359 288 we sold that to 7-eleven corporation we did go back to 1837 01:34:06,359 --> 01:34:07,060 them and they 1838 01:34:07,060 --> 01:34:10,960 submitted a letter a letter of consent that they wish to be 1839 01:34:10,960 --> 01:34:12,399 included it's more 1840 01:34:12,399 --> 01:34:16,850 compatible with what they intend to do with the property so 1841 01:34:16,850 --> 01:34:19,119 that with the 1842 01:34:19,119 --> 01:34:21,939 exception of served in which we did own but we now don't 1843 01:34:21,939 --> 01:34:22,840 own and with the 1844 01:34:22,840 --> 01:34:25,859 exception of 7-eleven which we did own and sold but have 1845 01:34:25,859 --> 01:34:26,760 their letter of 1846 01:34:26,760 --> 01:34:30,119 consent we do have title to all of the other properties 1847 01:34:30,119 --> 01:34:31,359 that were within that 1848 01:34:31,359 --> 01:34:36,520 yellow just to be clear on it the properties along McKinney 1849 01:34:36,520 --> 01:34:38,279 Street don't 1850 01:34:38,279 --> 01:34:41,970 have a pointer but where that loop is where the small Oak 1851 01:34:41,970 --> 01:34:44,119 Hill office park is 1852 01:34:44,119 --> 01:34:49,010 that we acquired back in September of 16 the adjacent 1853 01:34:49,010 --> 01:34:51,000 property to it that runs 1854 01:34:51,000 --> 01:34:56,170 the entire length of the property along that kind of a gray 1855 01:34:56,170 --> 01:34:57,020 line we also 1856 01:34:57,020 --> 01:35:02,060 acquired back in September of last year then we acquired 1857 01:35:02,060 --> 01:35:03,920 several individual 1858 01:35:03,920 --> 01:35:08,689 tracks along McKinney Street there is one if you went out 1859 01:35:08,689 --> 01:35:09,680 there today there's 1860 01:35:09,680 --> 01:35:13,149 one little tiny tiny house there that in another good wind 1861 01:35:13,149 --> 01:35:14,239 will fall down and 1862 01:35:14,239 --> 01:35:17,850 we'll hold it off there is nobody living there there is a 1863 01:35:17,850 --> 01:35:19,239 nicer home up to the 1864 01:35:19,239 --> 01:35:22,899 north toward the northeast corner belong to Mrs. Fonny 1865 01:35:22,899 --> 01:35:24,800 George we bought that 1866 01:35:24,800 --> 01:35:27,560 property last September we allowed miss George to continue 1867 01:35:27,560 --> 01:35:28,319 living there for six 1868 01:35:28,319 --> 01:35:32,060 months rent free to give her time to find another home she 1869 01:35:32,060 --> 01:35:32,880 has something 1870 01:35:32,880 --> 01:35:37,300 moved out we did have a temporary renter in there they have 1871 01:35:37,300 --> 01:35:38,560 moved out in any 1872 01:35:38,560 --> 01:35:41,079 tenants that go in there will be our tenants and will be 1873 01:35:41,079 --> 01:35:41,720 subject to a 1874 01:35:41,720 --> 01:35:46,170 short-term lease so just to clarify those those points we 1875 01:35:46,170 --> 01:35:46,640 do on the 1876 01:35:46,640 --> 01:35:51,449 property I know that it came before PNZ and the council 1877 01:35:51,449 --> 01:35:53,319 previously but this area 1878 01:35:53,319 --> 01:35:56,960 was to be a CMG zoning it was in the Denton 2030 plan with 1879 01:35:56,960 --> 01:35:57,520 both which were 1880 01:35:57,520 --> 01:36:01,180 approved here at its City Council so we bought the property 1881 01:36:01,180 --> 01:36:02,279 felt like we felt 1882 01:36:02,279 --> 01:36:05,289 like that we were in compliance with the zoning that was in 1883 01:36:05,289 --> 01:36:06,439 place or the zoning 1884 01:36:06,439 --> 01:36:10,850 designations that were in place in working with staff we 1885 01:36:10,850 --> 01:36:12,640 have assured that 1886 01:36:12,640 --> 01:36:14,640 anything we plan to do out there hopefully will be covered 1887 01:36:14,640 --> 01:36:15,119 aren't this 1888 01:36:15,119 --> 01:36:19,050 zoning we just want to get this is owned at this time then 1889 01:36:19,050 --> 01:36:19,680 we will commence 1890 01:36:19,680 --> 01:36:23,520 working on plans to further develop a property but zoning 1891 01:36:23,520 --> 01:36:24,800 is a first step no 1892 01:36:24,800 --> 01:36:27,770 need take any steps out there beyond this until we are 1893 01:36:27,770 --> 01:36:28,760 zones that window 1894 01:36:28,760 --> 01:36:32,229 exactly what uses we can and cannot have but I will tell 1895 01:36:32,229 --> 01:36:33,199 you anything that we're 1896 01:36:33,199 --> 01:36:37,449 contemplating doing on the property will confront will 1897 01:36:37,449 --> 01:36:40,239 conform to CMG zoning if 1898 01:36:40,239 --> 01:36:43,989 you haven't been out there I would also tell you that as of 1899 01:36:43,989 --> 01:36:45,239 today the ME is out 1900 01:36:45,239 --> 01:36:48,289 there putting telephone or putting the new power lines up 1901 01:36:48,289 --> 01:36:49,359 along the west side 1902 01:36:49,359 --> 01:36:52,970 of Mayhill the gas line is gas companies already completed 1903 01:36:52,970 --> 01:36:54,460 their gas line so the 1904 01:36:54,460 --> 01:36:57,979 widening of Mayhill is underway thank goodness and one 1905 01:36:57,979 --> 01:36:59,880 question came up I think 1906 01:36:59,880 --> 01:37:03,590 earlier there's a little strip between our yellow line and 1907 01:37:03,590 --> 01:37:06,319 Mayhill and that is 1908 01:37:06,319 --> 01:37:09,470 right of way that has already been taken by the city of 1909 01:37:09,470 --> 01:37:10,720 Denton so we have no 1910 01:37:10,720 --> 01:37:13,130 further right of way requirements along Mayhill that has 1911 01:37:13,130 --> 01:37:14,560 already all been taken 1912 01:37:14,560 --> 01:37:18,270 in consideration and I think a portion of the right right 1913 01:37:18,270 --> 01:37:19,439 away alone McKinney 1914 01:37:19,439 --> 01:37:22,819 but my understanding has also been taken account if not as 1915 01:37:22,819 --> 01:37:23,880 it was mentioned 1916 01:37:23,880 --> 01:37:27,060 earlier as it comes down to the platting stages we will 1917 01:37:27,060 --> 01:37:28,119 consider a lot of 1918 01:37:28,119 --> 01:37:33,359 requirements are there so anyway I would ask you if there 1919 01:37:33,359 --> 01:37:34,800 are any questions or 1920 01:37:34,800 --> 01:37:37,350 anything and get was not clear to you and either either the 1921 01:37:37,350 --> 01:37:38,279 presentations or 1922 01:37:38,279 --> 01:37:42,039 if there's any other questions that you would have of me I 1923 01:37:42,039 --> 01:37:43,479 do not see any 1924 01:37:43,479 --> 01:37:49,920 questions thank you mr. strange I just want to say just you 1925 01:37:49,920 --> 01:37:50,720 clarified a lot of 1926 01:37:50,720 --> 01:37:53,800 the questions we had and those are some of the questions we 1927 01:37:53,800 --> 01:37:54,560 that I had was 1928 01:37:54,560 --> 01:37:59,149 ownership so I appreciate that yeah we also had letters 1929 01:37:59,149 --> 01:37:59,880 that we gave to see 1930 01:37:59,880 --> 01:38:02,239 the staff on all I appreciate you going to such detail 1931 01:38:02,239 --> 01:38:03,880 thank you very much any 1932 01:38:03,880 --> 01:38:07,810 other questions I do not see any thank you this is a public 1933 01:38:07,810 --> 01:38:08,399 hearing anyone 1934 01:38:08,399 --> 01:38:13,859 wishing to speak may do so seeing none I will close the 1935 01:38:13,859 --> 01:38:15,159 public hearing and open 1936 01:38:15,159 --> 01:38:19,479 the floor for discussion and or motion Commissioner Ellis 1937 01:38:19,479 --> 01:38:21,359 thank you vice chair 1938 01:38:21,359 --> 01:38:24,939 I think this is an ideal request for this property I think 1939 01:38:24,939 --> 01:38:25,560 this has been a 1940 01:38:25,560 --> 01:38:28,210 long-forgotten part of town as it was stated before and I 1941 01:38:28,210 --> 01:38:29,560 think it's going to 1942 01:38:29,560 --> 01:38:32,100 be a great development great for the town so I will motion 1943 01:38:32,100 --> 01:38:33,079 to approve thank 1944 01:38:33,079 --> 01:38:35,840 you commissioner Smith I will second that motion we have a 1945 01:38:35,840 --> 01:38:36,640 first and a second 1946 01:38:36,640 --> 01:38:42,180 any further discussion seeing none I'll call for a vote on 1947 01:38:42,180 --> 01:38:43,199 the board 1948 01:38:54,239 --> 01:39:03,720 motion carries six zero one refusal thank you 1949 01:39:24,239 --> 01:39:38,279 a couple minutes clear to our item a public hearing for a 1950 01:39:38,279 --> 01:39:51,319 dash zero zero good evening I'm 1951 01:39:51,319 --> 01:39:54,439 Julie Wyatt senior planner with the city of Denton and I'm 1952 01:39:54,439 --> 01:39:55,880 presenting Z 1713 1953 01:39:55,880 --> 01:39:59,170 Justice Plaza the request is to hold a public hearing and 1954 01:39:59,170 --> 01:40:00,239 consider making a 1955 01:40:00,239 --> 01:40:05,840 recommendation regarding a rezoning on 3.2 acres from an NR 1956 01:40:05,840 --> 01:40:07,159 6 zoning district to 1957 01:40:07,159 --> 01:40:11,430 an NR MU 12 zoning district just to orient to orient you to 1958 01:40:11,430 --> 01:40:12,560 the site it is 1959 01:40:12,560 --> 01:40:16,159 it is located on the eastern part of town north of McKinney 1960 01:40:16,159 --> 01:40:17,600 about 420 feet 1961 01:40:17,600 --> 01:40:22,189 north of McKinney on Janney Street or I'm sorry east of Jan 1962 01:40:22,189 --> 01:40:24,840 ney Street a little 1963 01:40:24,840 --> 01:40:27,680 bit of background the property is part of a seven acre 1964 01:40:27,680 --> 01:40:29,439 tract which was rezoned 1965 01:40:29,439 --> 01:40:33,899 in in 2014 to include of mixes zoning districts the intent 1966 01:40:33,899 --> 01:40:34,760 at that time the 1967 01:40:34,760 --> 01:40:39,439 concept of that time excuse me included retail and office 1968 01:40:39,439 --> 01:40:40,079 and commercial 1969 01:40:40,079 --> 01:40:44,220 development along along McKinney in the in the in the NR MU 1970 01:40:44,220 --> 01:40:45,439 zoning district 1971 01:40:45,439 --> 01:40:49,880 transition transitioning to office uses in the NR MU 12 and 1972 01:40:49,880 --> 01:40:51,119 then finally in the 1973 01:40:51,119 --> 01:40:55,479 subject property some moderate density cluster type housing 1974 01:40:55,479 --> 01:40:56,760 so it was intended 1975 01:40:56,760 --> 01:41:00,520 to be kind of a comprehensively planned mixed-use 1976 01:41:00,520 --> 01:41:04,159 development so today we're 1977 01:41:04,159 --> 01:41:08,079 looking at that portion that was rezoned to NR 6 and so the 1978 01:41:08,079 --> 01:41:09,359 first step we do and 1979 01:41:09,359 --> 01:41:11,979 we analyze the project is to look at what's immediately 1980 01:41:11,979 --> 01:41:13,039 adjacent to it and and 1981 01:41:13,039 --> 01:41:17,039 in this instance in our four is is to the north the east 1982 01:41:17,039 --> 01:41:19,840 and the west and and 1983 01:41:19,840 --> 01:41:23,939 it is developed with with single-family residential uses so 1984 01:41:23,939 --> 01:41:24,880 that's a an 1985 01:41:24,880 --> 01:41:27,869 established neighborhood to the north and east and west of 1986 01:41:27,869 --> 01:41:28,560 the subject 1987 01:41:28,560 --> 01:41:31,369 property to the south of course is the NR MU 12 which was 1988 01:41:31,369 --> 01:41:32,399 part of the subject 1989 01:41:32,399 --> 01:41:35,869 tract it is developed with a single-family home and then 1990 01:41:35,869 --> 01:41:36,800 along 1991 01:41:36,800 --> 01:41:41,500 McKinney that NR MU is developed with office uses across 1992 01:41:41,500 --> 01:41:43,159 McKinney is CMG and 1993 01:41:43,159 --> 01:41:46,680 that has government offices the Denton County courthouse 1994 01:41:46,680 --> 01:41:48,600 building if we zoom 1995 01:41:48,600 --> 01:41:50,949 out a little further than you can see the neighborhood to 1996 01:41:50,949 --> 01:41:52,199 the north coming into 1997 01:41:52,199 --> 01:41:55,689 focus it's a rather large single-family neighborhood and 1998 01:41:55,689 --> 01:41:58,079 and it it surrounds the 1999 01:41:58,079 --> 01:42:03,199 property along NRM along McKinney that NR MU section you 2000 01:42:03,199 --> 01:42:03,680 bring in some 2001 01:42:03,680 --> 01:42:07,359 commercial uses as you zoom out and then the CMG you've got 2002 01:42:07,359 --> 01:42:08,359 some multifamily 2003 01:42:08,359 --> 01:42:11,739 here's also some commercial uses in the continued 2004 01:42:11,739 --> 01:42:14,159 government offices the 2005 01:42:14,159 --> 01:42:17,890 mobility of the area includes two secondary arterials and 2006 01:42:17,890 --> 01:42:18,960 some collector 2007 01:42:18,960 --> 01:42:22,930 streets the secondary arterials include McKinney and then 2008 01:42:22,930 --> 01:42:24,880 the Woodrow Audra and 2009 01:42:24,880 --> 01:42:29,149 and as I said before the intent of a secondary arterial is 2010 01:42:29,149 --> 01:42:31,359 to move people to 2011 01:42:31,359 --> 01:42:34,420 different parts within the city there are also collector 2012 01:42:34,420 --> 01:42:35,880 streets adjacent to 2013 01:42:35,880 --> 01:42:38,479 and north of the subject property to the north of the 2014 01:42:38,479 --> 01:42:39,880 property you have Paisley 2015 01:42:39,880 --> 01:42:43,659 it connects to Audra you all and and then goes and then 2016 01:42:43,659 --> 01:42:45,600 also continues east 2017 01:42:45,600 --> 01:42:49,489 there's also Riddell which which starts in McKinney and 2018 01:42:49,489 --> 01:42:51,279 then continues up to 2019 01:42:51,279 --> 01:42:54,380 Mingo and then you have Janney Street which is adjacent to 2020 01:42:54,380 --> 01:42:55,119 the subject 2021 01:42:55,119 --> 01:42:59,109 property it is classified as a collector Street due to the 2022 01:42:59,109 --> 01:43:00,239 number of single-family 2023 01:43:00,239 --> 01:43:03,710 homes that are that have access to that Street also because 2024 01:43:03,710 --> 01:43:04,560 of some of the 2025 01:43:04,560 --> 01:43:07,920 because of the commercial zoning that is on the subject 2026 01:43:07,920 --> 01:43:09,319 property but as you can 2027 01:43:09,319 --> 01:43:12,680 see it really functions as a neighborhood Street so you've 2028 01:43:12,680 --> 01:43:13,439 got you've 2029 01:43:13,439 --> 01:43:15,939 got these to the north these single-family homes and that 2030 01:43:15,939 --> 01:43:16,859 really it's 2031 01:43:16,859 --> 01:43:20,600 used as their neighborhood Street to get to their homes it 2032 01:43:20,600 --> 01:43:22,359 also Janney Street 2033 01:43:22,359 --> 01:43:26,750 doesn't really provide any connect access or I'm sorry 2034 01:43:26,750 --> 01:43:28,199 direct access to to 2035 01:43:28,199 --> 01:43:34,840 the broader network to the north that it stops at Paisley 2036 01:43:34,840 --> 01:43:37,079 so we looked at the 2037 01:43:37,079 --> 01:43:40,800 Denton plan 2030 and this area is designated as low 2038 01:43:40,800 --> 01:43:43,359 residential per the 2039 01:43:43,359 --> 01:43:46,880 Denton plan low residential is intended to be single-family 2040 01:43:46,880 --> 01:43:48,279 neighborhoods very 2041 01:43:48,279 --> 01:43:51,779 low density same one to four dwelling units per acre when 2042 01:43:51,779 --> 01:43:52,760 you think a load at 2043 01:43:52,760 --> 01:43:56,260 low residential you think suburban development these these 2044 01:43:56,260 --> 01:43:57,159 individual 2045 01:43:57,159 --> 01:44:00,020 neighborhoods that are distinct they have edges and that 2046 01:44:00,020 --> 01:44:01,359 they they do have 2047 01:44:01,359 --> 01:44:06,560 access to major arterials NRMU 12 does not conform to this 2048 01:44:06,560 --> 01:44:07,720 to this future land 2049 01:44:07,720 --> 01:44:10,409 use designation because of the commercial uses embedded 2050 01:44:10,409 --> 01:44:11,079 within it and 2051 01:44:11,079 --> 01:44:14,510 then the the maximum 12 dwelling units per acre it's it's a 2052 01:44:14,510 --> 01:44:15,920 little too dense to 2053 01:44:15,920 --> 01:44:22,069 be considered low residential so so because the requested 2054 01:44:22,069 --> 01:44:22,880 zoning district 2055 01:44:22,880 --> 01:44:25,220 does not conform to the future land use per the Denton 2056 01:44:25,220 --> 01:44:26,239 development code the 2057 01:44:26,239 --> 01:44:28,840 criteria for approval we have to take a little extra look 2058 01:44:28,840 --> 01:44:29,800 at it a little extra 2059 01:44:29,800 --> 01:44:33,489 scrutiny is is required in order to determine whether it is 2060 01:44:33,489 --> 01:44:34,520 an appropriate 2061 01:44:34,520 --> 01:44:39,100 zoning rezoning so when we look at the site and we look at 2062 01:44:39,100 --> 01:44:39,800 where it is it's 2063 01:44:39,800 --> 01:44:43,020 situated in the center of a neighborhood it's it it goes 2064 01:44:43,020 --> 01:44:44,079 pretty far into the 2065 01:44:44,079 --> 01:44:47,319 neighborhood and this this neighborhood is a very 2066 01:44:47,319 --> 01:44:48,720 consistent development 2067 01:44:48,720 --> 01:44:53,239 pattern of single-family low density residential and this 2068 01:44:53,239 --> 01:44:54,079 this neighborhood 2069 01:44:54,079 --> 01:44:57,020 gets that protection it's those single-family uses are 2070 01:44:57,020 --> 01:44:57,840 protected in the 2071 01:44:57,840 --> 01:45:00,659 character of that neighborhood is protected because of the 2072 01:45:00,659 --> 01:45:01,399 zoning that it 2073 01:45:01,399 --> 01:45:04,649 has because the NR for zoning on the single-family 2074 01:45:04,649 --> 01:45:06,680 neighborhood with any 2075 01:45:06,680 --> 01:45:10,880 redevelopment would require single-family homes to go back 2076 01:45:10,880 --> 01:45:12,079 into those areas or or 2077 01:45:12,079 --> 01:45:15,119 or residential uses that are compatible with what's there 2078 01:45:15,119 --> 01:45:16,600 that in our cert six 2079 01:45:16,600 --> 01:45:19,489 also serves to kind of protect that neighborhood because it 2080 01:45:19,489 --> 01:45:20,560 keeps that it 2081 01:45:20,560 --> 01:45:24,090 keeps that commercial development from encroaching further 2082 01:45:24,090 --> 01:45:24,680 into that 2083 01:45:24,680 --> 01:45:30,010 neighborhood it provides a boundary and allows a transition 2084 01:45:30,010 --> 01:45:31,119 between the the 2085 01:45:31,119 --> 01:45:33,640 commercial development along McKinney and then the 2086 01:45:33,640 --> 01:45:35,479 residential and so the the 2087 01:45:35,479 --> 01:45:38,739 further extension of that NR MU would introduce some more 2088 01:45:38,739 --> 01:45:40,079 commercial uses and 2089 01:45:40,079 --> 01:45:43,800 potentially impact that single-family residential 2090 01:45:43,800 --> 01:45:46,399 neighborhood as I said 2091 01:45:46,399 --> 01:45:49,529 before that NR six provides the a transition between the 2092 01:45:49,529 --> 01:45:50,520 lower densities 2093 01:45:50,520 --> 01:45:53,880 and I would say even the whole the whole seven acres 2094 01:45:53,880 --> 01:45:56,000 provides a logical 2095 01:45:56,000 --> 01:45:58,970 transition between that in our for the low density 2096 01:45:58,970 --> 01:46:00,520 residential and then the 2097 01:46:00,520 --> 01:46:03,899 development that you typically see on an arterial light McK 2098 01:46:03,899 --> 01:46:05,800 inney and we believe 2099 01:46:05,800 --> 01:46:08,430 that that current zoning pattern could encourage some 2100 01:46:08,430 --> 01:46:09,119 thoughtful redevelopment 2101 01:46:09,119 --> 01:46:12,050 thoughtful development of the property of a kind of mix of 2102 01:46:12,050 --> 01:46:13,640 uses the applicant 2103 01:46:13,640 --> 01:46:17,159 has proposed a residential mixed-use protection overlay and 2104 01:46:17,159 --> 01:46:18,119 their proposal 2105 01:46:18,119 --> 01:46:22,470 does address them some design considerations but however 2106 01:46:22,470 --> 01:46:23,159 staff feels 2107 01:46:23,159 --> 01:46:26,380 that that the incompatibilities are really centered on the 2108 01:46:26,380 --> 01:46:27,000 uses those 2109 01:46:27,000 --> 01:46:30,609 commercial and office and retail uses and less to do with 2110 01:46:30,609 --> 01:46:31,680 the cut with the 2111 01:46:31,680 --> 01:46:37,329 design considerations public notification was sent out we 2112 01:46:37,329 --> 01:46:38,479 have received eight 2113 01:46:38,479 --> 01:46:42,189 notices and opposition in two in favor I passed those out 2114 01:46:42,189 --> 01:46:43,560 during work session as 2115 01:46:43,560 --> 01:46:46,449 we as I said before three of those opposition letters were 2116 01:46:46,449 --> 01:46:47,359 from the 200 2117 01:46:47,359 --> 01:46:54,119 foot boundary which which is 5.8% so based upon the future 2118 01:46:54,119 --> 01:46:54,479 land use 2119 01:46:54,479 --> 01:46:57,949 designation of the property and the considerations that I 2120 01:46:57,949 --> 01:46:59,079 have presented in 2121 01:46:59,079 --> 01:47:02,600 the character of the area staff recommends denial of the 2122 01:47:02,600 --> 01:47:03,479 request I'll 2123 01:47:03,479 --> 01:47:07,250 stand for any questions and the applicant is here if you if 2124 01:47:07,250 --> 01:47:08,479 you to 2125 01:47:08,479 --> 01:47:11,119 present as well 2126 01:47:14,479 --> 01:47:17,770 I have a question for you Julie we talked a little bit 2127 01:47:17,770 --> 01:47:20,199 about this in work 2128 01:47:20,199 --> 01:47:24,189 session just was reviewing one of the other handouts you 2129 01:47:24,189 --> 01:47:25,560 said that the main 2130 01:47:25,560 --> 01:47:29,189 objection that staff has centered on the uses and you've 2131 01:47:29,189 --> 01:47:30,720 got a table that you've 2132 01:47:30,720 --> 01:47:34,739 prepared for us in our backup that lists the uses and the 2133 01:47:34,739 --> 01:47:36,640 different uses between 2134 01:47:36,640 --> 01:47:36,640 an NR six and an NR MU 12 will you tell us based on the 2135 01:47:36,640 --> 01:47:42,779 things that they have 2136 01:47:42,779 --> 01:47:46,720 limited that through their overlay that will not be 2137 01:47:46,720 --> 01:47:49,319 permitted in here I only see 2138 01:47:49,319 --> 01:47:54,689 three that are different from the NR six is that what you 2139 01:47:54,689 --> 01:47:55,319 have 2140 01:47:55,319 --> 01:47:58,170 that's my understanding that they're there I believe they 2141 01:47:58,170 --> 01:47:59,079 're limiting it back 2142 01:47:59,079 --> 01:48:03,260 to the to maintain the office and the retail uses and the 2143 01:48:03,260 --> 01:48:04,439 ones that I see that 2144 01:48:04,439 --> 01:48:08,970 are different or live work units community service and 2145 01:48:08,970 --> 01:48:10,319 adult or child care 2146 01:48:10,319 --> 01:48:16,029 and all the other ones they have limited in their overlay 2147 01:48:16,029 --> 01:48:17,760 is that fair 2148 01:48:17,760 --> 01:48:22,930 statement well I don't know that is that in the applicants 2149 01:48:22,930 --> 01:48:23,760 here and they may be 2150 01:48:23,760 --> 01:48:26,279 able to better okay because I know they've made some 2151 01:48:26,279 --> 01:48:27,000 changes to the 2152 01:48:27,000 --> 01:48:29,390 proposed overlay it was my understanding that they were 2153 01:48:29,390 --> 01:48:30,399 still maintaining those 2154 01:48:30,399 --> 01:48:34,380 office and retail uses but they may have made some changes 2155 01:48:34,380 --> 01:48:35,560 to it so so but 2156 01:48:35,560 --> 01:48:37,899 they're here and they can they can talk to you about what 2157 01:48:37,899 --> 01:48:38,800 they're proposing in 2158 01:48:38,800 --> 01:48:44,560 terms of that what were some of the other things I see 2159 01:48:44,560 --> 01:48:45,479 staff is going to be 2160 01:48:45,479 --> 01:48:51,529 in denial of this reason what were the other main concerns 2161 01:48:51,529 --> 01:48:52,279 that you all have on 2162 01:48:52,279 --> 01:48:56,590 this really had to do with the compatibility of uses within 2163 01:48:56,590 --> 01:48:57,880 NR MU 12 and 2164 01:48:57,880 --> 01:49:03,649 we wanted to to in and by further by furthering the 2165 01:49:03,649 --> 01:49:07,000 commercial zoning into 2166 01:49:07,000 --> 01:49:10,000 the neighborhood it could potentially compromise that 2167 01:49:10,000 --> 01:49:11,600 neighborhood it could 2168 01:49:11,600 --> 01:49:15,859 introduce new uses that may may prove to be incompatible 2169 01:49:15,859 --> 01:49:17,319 with the existing 2170 01:49:17,319 --> 01:49:20,359 development I think I think it was mentioned at work 2171 01:49:20,359 --> 01:49:21,039 session I think it's 2172 01:49:21,039 --> 01:49:24,329 it's a good point that you know some of these single-family 2173 01:49:24,329 --> 01:49:25,600 residential uses are 2174 01:49:25,600 --> 01:49:29,590 are next to and across the street from what could be a 2175 01:49:29,590 --> 01:49:31,640 commercial development 2176 01:49:31,640 --> 01:49:36,020 and I think that has a different feel than having you know 2177 01:49:36,020 --> 01:49:36,920 we often like to 2178 01:49:36,920 --> 01:49:40,010 see commercial development near neighborhoods because that 2179 01:49:40,010 --> 01:49:41,119 provides it 2180 01:49:41,119 --> 01:49:44,810 provides allows people to walk and it's a it's a good thing 2181 01:49:44,810 --> 01:49:46,399 but when you're but 2182 01:49:46,399 --> 01:49:50,319 typically we like to see that along at intersections along 2183 01:49:50,319 --> 01:49:51,520 maybe the arterials 2184 01:49:51,520 --> 01:49:55,069 and that's why this this current zoning actually it works 2185 01:49:55,069 --> 01:49:56,319 in our mind and that 2186 01:49:56,319 --> 01:49:59,920 as you move toward McKinney you do fold in some of those 2187 01:49:59,920 --> 01:50:01,319 commercial uses and 2188 01:50:01,319 --> 01:50:05,500 office uses and and that way you get that mix and that by 2189 01:50:05,500 --> 01:50:06,720 bikes further 2190 01:50:06,720 --> 01:50:11,699 extending that NR MU 12 into the neighborhood it then it 2191 01:50:11,699 --> 01:50:12,920 then could 2192 01:50:12,920 --> 01:50:15,710 compromise that single-family it's going further into the 2193 01:50:15,710 --> 01:50:16,800 neighborhood and 2194 01:50:16,800 --> 01:50:21,420 potentially impacting it so that's why staff really is has 2195 01:50:21,420 --> 01:50:23,079 concerns about this 2196 01:50:23,079 --> 01:50:26,869 case and it just and it it doesn't meet that future land 2197 01:50:26,869 --> 01:50:27,960 use which was the the 2198 01:50:27,960 --> 01:50:31,960 intent of what was in you know what that's the the vision 2199 01:50:31,960 --> 01:50:33,079 for this area is 2200 01:50:33,079 --> 01:50:38,920 to maintain it as that single-family residential thank you 2201 01:50:38,920 --> 01:50:39,840 any other questions 2202 01:50:39,840 --> 01:50:48,239 for staff okay thank you Julie this is a public hearing the 2203 01:50:48,239 --> 01:50:49,760 next card that we have 2204 01:50:49,760 --> 01:50:52,880 is Lawrence Holder if I send you're speaking for the 2205 01:50:52,880 --> 01:50:55,199 applicant okay you'll 2206 01:50:55,199 --> 01:50:58,039 give your name and address for the record I'd appreciate it 2207 01:50:58,039 --> 01:50:59,399 name is Lawrence 2208 01:50:59,399 --> 01:51:05,479 Holder I am at 2104 East 2209 01:51:06,640 --> 01:51:14,720 yeah that work 2405 that's it's a new one put the 2210 01:51:14,720 --> 01:51:16,520 presentation 2211 01:51:16,520 --> 01:51:25,520 sorry about that is that you yes there you are thank you 2212 01:51:25,520 --> 01:51:26,000 sure Commissioner back 2213 01:51:26,000 --> 01:51:31,560 I didn't get the last name clear Holder Holder yes sir okay 2214 01:51:31,560 --> 01:51:34,720 thank you thank you 2215 01:51:35,159 --> 01:51:41,960 okay it is the goal of Denton Justice Plaza LLC to go ahead 2216 01:51:41,960 --> 01:51:43,199 and rezone three 2217 01:51:43,199 --> 01:51:46,579 point one two five acres of a property off of North McKin 2218 01:51:46,579 --> 01:51:48,000 ney Street East McKinney 2219 01:51:48,000 --> 01:51:54,800 Street from NR six to NR MU 12 we have come against a few 2220 01:51:54,800 --> 01:51:56,079 oppositions for that 2221 01:51:56,079 --> 01:51:59,829 and we are basically coming up with an overlay restriction 2222 01:51:59,829 --> 01:52:01,239 for that but again we 2223 01:52:01,239 --> 01:52:04,130 are doing commercial development zoning change requests 2224 01:52:04,130 --> 01:52:05,520 from NR six to NR MU 12 2225 01:52:05,520 --> 01:52:11,850 our site location is is here kind of off of Jane Street and 2226 01:52:11,850 --> 01:52:13,920 North McKinney Street 2227 01:52:13,920 --> 01:52:18,180 the surrounding property uses is residential to the north 2228 01:52:18,180 --> 01:52:19,239 and to the west 2229 01:52:19,239 --> 01:52:21,770 but if you can see that there is the courthouse to the 2230 01:52:21,770 --> 01:52:23,039 directly to the south 2231 01:52:23,039 --> 01:52:27,770 and the Mary and Jim Horne Center to the east as well so 2232 01:52:27,770 --> 01:52:29,720 there are other 2233 01:52:29,720 --> 01:52:34,279 compatible developments within the area what we are 2234 01:52:34,279 --> 01:52:36,319 proposing our general 2235 01:52:36,319 --> 01:52:40,460 offices and closer to the McKinney Street which is not what 2236 01:52:40,460 --> 01:52:41,119 is being 2237 01:52:41,119 --> 01:52:44,000 considered for the zoning change but closer to this to the 2238 01:52:44,000 --> 01:52:44,760 street on this 2239 01:52:44,760 --> 01:52:52,210 property will be retail as well as offices per the zoning 2240 01:52:52,210 --> 01:52:53,399 requirements on 2241 01:52:53,399 --> 01:52:59,510 that so the current zoning is NR six there is an awkward 2242 01:52:59,510 --> 01:53:01,680 boundary line that 2243 01:53:01,680 --> 01:53:05,779 splits the NR six between the NR MU 12 I believe that was 2244 01:53:05,779 --> 01:53:07,880 developed originally 2245 01:53:07,880 --> 01:53:13,960 for the applicant who came in well something along those 2246 01:53:13,960 --> 01:53:16,600 lines and for 2247 01:53:16,600 --> 01:53:20,609 specific use and that plan didn't come to fruition so we're 2248 01:53:20,609 --> 01:53:21,800 now stuck with this 2249 01:53:21,800 --> 01:53:25,479 awkward zoning line between the NR six the NR MU 12 and we 2250 01:53:25,479 --> 01:53:27,000 are hoping to go 2251 01:53:27,000 --> 01:53:31,310 ahead and bring that NR 12 all the way through to the 2252 01:53:31,310 --> 01:53:34,520 property the proposed use 2253 01:53:34,520 --> 01:53:38,619 is general offices of that site of that northern part the 2254 01:53:38,619 --> 01:53:39,800 part that we are 2255 01:53:39,800 --> 01:53:43,029 requesting to be rezoned which is in conformance with the 2256 01:53:43,029 --> 01:53:46,199 NR MU 12 zoning 2257 01:53:46,199 --> 01:53:50,449 we're hoping to rezone this location so that we can have 2258 01:53:50,449 --> 01:53:52,039 one uniform single 2259 01:53:52,039 --> 01:53:56,010 comprehensive site as opposed to a bunch of broken uses so 2260 01:53:56,010 --> 01:53:57,760 we are hoping to 2261 01:53:57,760 --> 01:54:01,960 construct this site in a manner that is both appeasing for 2262 01:54:01,960 --> 01:54:03,560 the neighborhood as 2263 01:54:03,560 --> 01:54:11,510 well as comprehensively throughout itself so one cohesive 2264 01:54:11,510 --> 01:54:14,640 development the 2265 01:54:14,640 --> 01:54:18,899 zoning restrictions between the NR six and the NRI 12 don't 2266 01:54:18,899 --> 01:54:21,159 change very much if 2267 01:54:21,159 --> 01:54:24,720 really at all from the standpoint that there is the same 2268 01:54:24,720 --> 01:54:26,279 lot coverage you still 2269 01:54:26,279 --> 01:54:29,640 have a 60% lot coverage maximum you still have a minimum 2270 01:54:29,640 --> 01:54:30,439 landscape area of 2271 01:54:30,439 --> 01:54:33,640 40% and you still have a maximum building height 2272 01:54:33,640 --> 01:54:35,600 restriction of 40 feet so 2273 01:54:35,600 --> 01:54:42,630 the same type of overall coverage building to pavement to 2274 01:54:42,630 --> 01:54:44,079 landscaping will 2275 01:54:44,079 --> 01:54:48,189 be the same as though it was developed with the NR six even 2276 01:54:48,189 --> 01:54:49,279 though it's owned 2277 01:54:49,279 --> 01:54:55,329 in our 12 again we are proposing offices in this location 2278 01:54:55,329 --> 01:54:56,119 as opposed to 2279 01:54:56,119 --> 01:55:01,229 neighborhood unit dwelling units two of the other 2280 01:55:01,229 --> 01:55:02,720 restrictions general 2281 01:55:02,720 --> 01:55:06,149 restrictions actually go up for the rezoning minimum side 2282 01:55:06,149 --> 01:55:07,279 yards about it not 2283 01:55:07,279 --> 01:55:10,079 abutting it attached buildings goes up from four to ten 2284 01:55:10,079 --> 01:55:12,239 feet minimum yards when 2285 01:55:12,239 --> 01:55:14,449 abutting a single-family use actually goes from 10 feet to 2286 01:55:14,449 --> 01:55:15,079 15 so we're 2287 01:55:15,079 --> 01:55:18,680 actually becoming more restrictive on those two general 2288 01:55:18,680 --> 01:55:20,920 regulations we held a 2289 01:55:20,920 --> 01:55:25,189 neighborhood meeting and the concerns that were brought up 2290 01:55:25,189 --> 01:55:25,760 in that 2291 01:55:25,760 --> 01:55:29,699 neighborhood meeting brought us to propose an overlay 2292 01:55:29,699 --> 01:55:30,840 restriction we 2293 01:55:30,840 --> 01:55:36,920 discussed this with the residents at the time and I believe 2294 01:55:36,920 --> 01:55:38,119 we specifically 2295 01:55:38,119 --> 01:55:41,199 address them and what we would do specifically for 2296 01:55:41,199 --> 01:55:42,359 addressing their 2297 01:55:42,359 --> 01:55:45,079 concerns however there was not a follow-up neighborhood 2298 01:55:45,079 --> 01:55:45,760 residential 2299 01:55:45,760 --> 01:55:49,649 meeting that had been brought back that was because we felt 2300 01:55:49,649 --> 01:55:50,720 as though we had 2301 01:55:50,720 --> 01:55:54,319 received their input we did address their concerns and they 2302 01:55:54,319 --> 01:55:54,960 seemed to 2303 01:55:54,960 --> 01:56:00,149 reciprocate that their concerns basically are these eight 2304 01:56:00,149 --> 01:56:01,239 concerns of 2305 01:56:01,239 --> 01:56:04,300 stories the number of stories of the proposed buildings the 2306 01:56:04,300 --> 01:56:05,520 restrictions of 2307 01:56:05,520 --> 01:56:08,729 bars and late-night activity facilities preservation of 2308 01:56:08,729 --> 01:56:10,319 existing trees the 2309 01:56:10,319 --> 01:56:13,850 improvement to Janie Street was a another interesting 2310 01:56:13,850 --> 01:56:15,039 bigger issue that 2311 01:56:15,039 --> 01:56:18,279 was brought up and then again aesthetically congruent 2312 01:56:18,279 --> 01:56:18,800 development in 2313 01:56:18,800 --> 01:56:22,220 existing structures they didn't want something that was 2314 01:56:22,220 --> 01:56:24,920 going to completely 2315 01:56:24,920 --> 01:56:29,239 outdo their buildings or be something that was an eyesore 2316 01:56:29,239 --> 01:56:31,359 to that area fixture 2317 01:56:31,359 --> 01:56:34,500 drainage features to fix the current and future issues they 2318 01:56:34,500 --> 01:56:35,359 didn't want any 2319 01:56:35,359 --> 01:56:38,869 additional drainage they don't want any additional flooding 2320 01:56:38,869 --> 01:56:39,920 to their properties 2321 01:56:39,920 --> 01:56:44,109 with the development the property values was a concern and 2322 01:56:44,109 --> 01:56:45,600 then time of the 2323 01:56:45,600 --> 01:56:47,369 construction again they didn't want something that was 2324 01:56:47,369 --> 01:56:48,039 gonna like that was 2325 01:56:48,039 --> 01:56:50,380 gonna take 20 years to construct and they were going to 2326 01:56:50,380 --> 01:56:50,880 live next to 2327 01:56:50,880 --> 01:56:54,779 something that was being constructed for a very long period 2328 01:56:54,779 --> 01:56:56,920 of time the overlay 2329 01:56:56,920 --> 01:57:00,189 restrictions that we're proposing would be on the non- 2330 01:57:00,189 --> 01:57:01,840 residential buildings to 2331 01:57:01,840 --> 01:57:06,090 limit to one story and then 35 foot maximum height on that 2332 01:57:06,090 --> 01:57:07,119 as well so we were 2333 01:57:07,119 --> 01:57:11,649 willing to drop down the 40 foot maximum building height to 2334 01:57:11,649 --> 01:57:13,560 35 feet and limit 2335 01:57:13,560 --> 01:57:17,500 that to one story for non-residential buildings the 2336 01:57:17,500 --> 01:57:19,760 mechanical units that are 2337 01:57:19,760 --> 01:57:24,460 within 100 feet of adjacent properties we would limit to 2338 01:57:24,460 --> 01:57:26,600 five ton units there 2339 01:57:26,600 --> 01:57:28,750 they we would limit those so that would they would be 2340 01:57:28,750 --> 01:57:29,760 placed on the side of the 2341 01:57:29,760 --> 01:57:32,430 building such that there would not be more than two units 2342 01:57:32,430 --> 01:57:33,319 on both sides of the 2343 01:57:33,319 --> 01:57:36,600 building limiting the total units to four units if required 2344 01:57:36,600 --> 01:57:38,000 for a building 2345 01:57:38,000 --> 01:57:40,810 units then would be screened from the adjacent properties 2346 01:57:40,810 --> 01:57:41,720 for both noise and 2347 01:57:41,720 --> 01:57:46,510 aesthetics a screening wall is also being proposed along 2348 01:57:46,510 --> 01:57:47,840 the surrounding 2349 01:57:47,840 --> 01:57:52,920 property to help facilitate with any additional measures 2350 01:57:52,920 --> 01:57:55,439 mitigation measures 2351 01:57:55,439 --> 01:57:59,420 that the residents might feel necessary we also then 2352 01:57:59,420 --> 01:58:01,720 propose limited allowable 2353 01:58:01,720 --> 01:58:07,399 uses those uses we would like stricken from the allowable 2354 01:58:07,399 --> 01:58:08,680 uses would be the 2355 01:58:08,680 --> 01:58:12,060 dwelling above businesses group homes multifamily dwellings 2356 01:58:12,060 --> 01:58:12,800 fraternity and 2357 01:58:12,800 --> 01:58:15,800 sorority homes dormitories beds and breakfasts laundry 2358 01:58:15,800 --> 01:58:17,720 facilities semi-public 2359 01:58:17,720 --> 01:58:20,520 halls clubs or lodges kindergarten or elementary schools 2360 01:58:20,520 --> 01:58:21,079 middle schools 2361 01:58:21,079 --> 01:58:25,720 elderly housing and elderly housing 2362 01:58:33,479 --> 01:58:39,600 we feel that the applicant we feel that the opinion that 2363 01:58:39,600 --> 01:58:40,560 the impact of 2364 01:58:40,560 --> 01:58:42,560 the proposed development will be compatible to the 2365 01:58:42,560 --> 01:58:43,560 surrounding development 2366 01:58:43,560 --> 01:58:45,979 as the existing zoning regulations for inner six are very 2367 01:58:45,979 --> 01:58:47,039 similar to inner 12 2368 01:58:47,039 --> 01:58:50,750 as they require the same 60% or less lot coverage 40% or 2369 01:58:50,750 --> 01:58:52,560 more landscape area the 2370 01:58:52,560 --> 01:58:55,270 maximum building height restriction of 40 feet and we're 2371 01:58:55,270 --> 01:58:56,239 also again trying to 2372 01:58:56,239 --> 01:59:00,060 limit that down to 35 feet and one story and for non- 2373 01:59:00,060 --> 01:59:01,960 residential buildings and 2374 01:59:01,960 --> 01:59:07,039 the same minimum frontside and rear yard regulations the 2375 01:59:07,039 --> 01:59:08,760 proposed zoning 2376 01:59:08,760 --> 01:59:14,010 currently and the existing zoning regulates prohibits the 2377 01:59:14,010 --> 01:59:15,479 construction of 2378 01:59:15,479 --> 01:59:20,039 bars which was a concern for late-night bars and late-night 2379 01:59:20,039 --> 01:59:20,880 activity facilities 2380 01:59:20,880 --> 01:59:24,699 within the inner mutual so that concern is no longer or is 2381 01:59:24,699 --> 01:59:26,079 not a valid concern 2382 01:59:26,079 --> 01:59:29,720 at this time applicant will preserve and mitigate the 2383 01:59:29,720 --> 01:59:31,880 required trees per the DDC 2384 01:59:31,880 --> 01:59:36,020 we will provide the building materials per the DDC which 2385 01:59:36,020 --> 01:59:37,239 had to be compatible 2386 01:59:37,239 --> 01:59:41,189 have to be aesthetically pleasing and has to be in conform 2387 01:59:41,189 --> 01:59:42,180 ance with the 2388 01:59:42,180 --> 01:59:48,260 surrounding area the applicant will also provide drainage 2389 01:59:48,260 --> 01:59:48,640 improvements as 2390 01:59:48,640 --> 01:59:52,270 required by the DDC which we are not allowed to drain any 2391 01:59:52,270 --> 01:59:53,119 extra to the 2392 01:59:53,119 --> 01:59:57,090 surrounding properties we cannot negatively impact any 2393 01:59:57,090 --> 01:59:58,239 properties around 2394 01:59:58,239 --> 02:00:02,829 us so we will be taking on all of our proposed drainage and 2395 02:00:02,829 --> 02:00:03,720 either detaining 2396 02:00:03,720 --> 02:00:11,220 or releasing as required by the same these restrictions and 2397 02:00:11,220 --> 02:00:12,279 overlay 2398 02:00:12,279 --> 02:00:15,369 basically covered all of the concerns that the 2399 02:00:15,369 --> 02:00:18,199 neighborhoods residents brought 2400 02:00:18,199 --> 02:00:24,359 up in both their letters and that we received their letters 2401 02:00:24,359 --> 02:00:25,159 that we received 2402 02:00:25,159 --> 02:00:32,239 and phone calls and at the neighborhood meeting a hesitate 2403 02:00:32,239 --> 02:00:34,720 to bring this up but 2404 02:00:34,720 --> 02:00:41,920 if necessary the applicant is willing to suggest a 2405 02:00:41,920 --> 02:00:43,520 compromise if they cannot get 2406 02:00:43,520 --> 02:00:49,600 if a denial of the zoning in its entirety is proposed we 2407 02:00:49,600 --> 02:00:50,720 would like to 2408 02:00:50,720 --> 02:00:54,989 suggest adjusting that awkward line at the minimum pulling 2409 02:00:54,989 --> 02:00:56,239 that up so that that 2410 02:00:56,239 --> 02:01:00,920 NRMU 12 area can be used more effectively more efficiently 2411 02:01:00,920 --> 02:01:01,520 and that 2412 02:01:01,520 --> 02:01:08,760 in our six area can then be again also used effectively 2413 02:01:08,760 --> 02:01:11,920 again we're just doing 2414 02:01:11,920 --> 02:01:15,590 a typical general office use this is the general typical 2415 02:01:15,590 --> 02:01:17,079 office use rendering 2416 02:01:17,079 --> 02:01:22,090 from the architect at the time that we are proposing so at 2417 02:01:22,090 --> 02:01:23,600 this time I can take 2418 02:01:23,600 --> 02:01:28,399 any questions quite a few questions Commissioner Beck thank 2419 02:01:28,399 --> 02:01:29,439 you chair thank 2420 02:01:29,439 --> 02:01:33,689 you mr. Holford for your presentation and I must admit I 2421 02:01:33,689 --> 02:01:34,760 must admit and I think 2422 02:01:34,760 --> 02:01:37,970 every other Commissioner here will to that your overlay is 2423 02:01:37,970 --> 02:01:39,119 very generous and 2424 02:01:39,119 --> 02:01:45,479 and does appear to answer the concerns you indicated though 2425 02:01:45,479 --> 02:01:46,680 and it wasn't 2426 02:01:46,680 --> 02:01:50,630 clear to me before you said this that you've talked to the 2427 02:01:50,630 --> 02:01:52,439 residents explaining 2428 02:01:52,439 --> 02:01:56,039 the details of the overlay and they were essentially okay 2429 02:01:56,039 --> 02:01:58,000 with that yet we some 2430 02:01:58,000 --> 02:02:01,380 of the statements we get back are still in opposition to it 2431 02:02:01,380 --> 02:02:02,359 so I'm not clear 2432 02:02:02,359 --> 02:02:06,800 that they've had a clear presentation of this overlay is am 2433 02:02:06,800 --> 02:02:07,760 I wrong in assuming 2434 02:02:07,760 --> 02:02:11,619 that those that we talked to you were at the neighborhood 2435 02:02:11,619 --> 02:02:13,199 meeting as well as those 2436 02:02:13,199 --> 02:02:16,949 who would call in those who didn't participate in the 2437 02:02:16,949 --> 02:02:17,640 neighborhood meeting 2438 02:02:17,640 --> 02:02:22,079 or didn't contact us when we have sent out the notification 2439 02:02:22,079 --> 02:02:23,680 would not have 2440 02:02:23,680 --> 02:02:28,619 received any additional information so I don't know what 2441 02:02:28,619 --> 02:02:30,479 the comments are wasn't 2442 02:02:30,479 --> 02:02:34,250 provided with the eight comments that are in opposition to 2443 02:02:34,250 --> 02:02:36,960 the project so I can 2444 02:02:36,960 --> 02:02:40,840 specifically say to those eight whether or not they are in 2445 02:02:40,840 --> 02:02:42,279 opposition to 2446 02:02:42,279 --> 02:02:47,279 anything that that was already said okay and by the looks 2447 02:02:47,279 --> 02:02:47,560 of them I don't think 2448 02:02:47,560 --> 02:02:49,960 there is anything there but do you think you might not be 2449 02:02:49,960 --> 02:02:51,520 better served if you 2450 02:02:51,520 --> 02:02:55,720 perhaps went back and did a more complete presentation 2451 02:02:55,720 --> 02:02:57,239 tried to encourage 2452 02:02:57,239 --> 02:03:00,329 more input from the residents that would get them on your 2453 02:03:00,329 --> 02:03:01,600 side with this overlay 2454 02:03:01,600 --> 02:03:04,800 because I as the staff mentioned I would encourage 2455 02:03:04,800 --> 02:03:06,359 commercial development along 2456 02:03:06,359 --> 02:03:09,960 this area to McKinney that would allow people to walk 2457 02:03:09,960 --> 02:03:11,199 distance but your 2458 02:03:11,199 --> 02:03:16,159 development encroaches very deep into that community you're 2459 02:03:16,159 --> 02:03:16,760 surrounded on 2460 02:03:16,760 --> 02:03:20,180 three sides by residential homes and even with all your 2461 02:03:20,180 --> 02:03:21,680 efforts it does 2462 02:03:21,680 --> 02:03:25,470 detract it diminishes a single-family neighborhood and I 2463 02:03:25,470 --> 02:03:26,520 worry about that I 2464 02:03:26,520 --> 02:03:29,680 worry about it setting a precedent for not only this area 2465 02:03:29,680 --> 02:03:30,760 but other areas to 2466 02:03:30,760 --> 02:03:34,970 see where low-density housing is and how it can impact 2467 02:03:34,970 --> 02:03:36,600 things down the road so I 2468 02:03:36,600 --> 02:03:40,909 like your idea of maybe your alternate solution that seems 2469 02:03:40,909 --> 02:03:41,880 viable to me 2470 02:03:41,880 --> 02:03:47,659 straightening that line a little bit but again I just there 2471 02:03:47,659 --> 02:03:49,479 's a need in the city 2472 02:03:49,479 --> 02:03:52,649 as everybody knows for affordable housing and this is an 2473 02:03:52,649 --> 02:03:53,479 ideal spot to 2474 02:03:53,479 --> 02:04:01,100 build at least 18 units for that could serve this need 2475 02:04:01,100 --> 02:04:03,079 greatly I'd like to see 2476 02:04:03,079 --> 02:04:05,779 that this is an infill area we definitely want to get it 2477 02:04:05,779 --> 02:04:07,359 taken care of too so 2478 02:04:07,359 --> 02:04:10,029 we'd be willing to work with you but I'm just having a 2479 02:04:10,029 --> 02:04:11,239 problem how deep this 2480 02:04:11,239 --> 02:04:15,090 development goes into there and think you might be better 2481 02:04:15,090 --> 02:04:16,520 served if you went 2482 02:04:16,520 --> 02:04:18,699 back to the community with your overlay plan and laid it 2483 02:04:18,699 --> 02:04:19,760 out and got some input 2484 02:04:19,760 --> 02:04:22,470 some more feedback from them that we could see that would 2485 02:04:22,470 --> 02:04:23,159 make us feel 2486 02:04:23,159 --> 02:04:30,260 comfortable if we were to support your project any comment 2487 02:04:30,260 --> 02:04:31,760 on going back and 2488 02:04:31,760 --> 02:04:34,979 doing it well I know the applicant is hesitant to slow 2489 02:04:34,979 --> 02:04:36,359 things down at this 2490 02:04:36,359 --> 02:04:40,850 time however we could hold another neighborhood meeting and 2491 02:04:40,850 --> 02:04:41,960 discuss these 2492 02:04:41,960 --> 02:04:44,859 overlay restrictions with the neighbor the surrounding 2493 02:04:44,859 --> 02:04:46,239 neighbors I do know 2494 02:04:46,239 --> 02:04:52,319 that this area being across from the courthouse is turning 2495 02:04:52,319 --> 02:04:55,239 over more to red 2496 02:04:55,239 --> 02:04:58,880 offices the homes are being renovated into those the need 2497 02:04:58,880 --> 02:04:59,960 for offices in this 2498 02:04:59,960 --> 02:05:07,590 area for lawyers or for other facilities that facilitate 2499 02:05:07,590 --> 02:05:09,159 the courthouse is 2500 02:05:09,159 --> 02:05:14,489 greatly desired in this area don't disagree with that but 2501 02:05:14,489 --> 02:05:15,319 you do have that 2502 02:05:15,319 --> 02:05:18,699 front part of the track there at 3.8 acres that you could 2503 02:05:18,699 --> 02:05:20,079 use it for so I can 2504 02:05:20,079 --> 02:05:22,590 understand you want more but you can still do something 2505 02:05:22,590 --> 02:05:23,479 along those lines 2506 02:05:23,479 --> 02:05:27,319 with that without going that deep into the community and 2507 02:05:27,319 --> 02:05:29,079 perhaps disrupting it 2508 02:05:29,079 --> 02:05:34,079 too much and staff is mentioning just my two cents worth 2509 02:05:38,079 --> 02:05:42,119 commissioner Ellis thank you chair thank you mr. Holder for 2510 02:05:42,119 --> 02:05:44,079 your presentation so 2511 02:05:44,079 --> 02:05:46,750 I think you're very generous overlay addresses a lot of the 2512 02:05:46,750 --> 02:05:47,880 restriction issues 2513 02:05:47,880 --> 02:05:51,989 to make it more compatible but as staff presented it's the 2514 02:05:51,989 --> 02:05:53,359 use that makes it 2515 02:05:53,359 --> 02:05:57,960 incompatible because the way that tract of land goes so 2516 02:05:57,960 --> 02:05:59,279 deeply into the 2517 02:05:59,279 --> 02:06:03,210 neighborhood can you address how the use how you feel the 2518 02:06:03,210 --> 02:06:04,399 use is compatible 2519 02:06:04,399 --> 02:06:09,579 absolutely so the use that we're proposing at this time 2520 02:06:09,579 --> 02:06:10,880 does not have 2521 02:06:10,880 --> 02:06:14,869 any greater impact than what the existing zoning has in the 2522 02:06:14,869 --> 02:06:15,680 size of the 2523 02:06:15,680 --> 02:06:18,020 facilities that are being provided so in other words the 2524 02:06:18,020 --> 02:06:19,079 your landscape area so 2525 02:06:19,079 --> 02:06:24,550 has to be a minimum of 40% so right now anybody who were to 2526 02:06:24,550 --> 02:06:25,279 develop that area 2527 02:06:25,279 --> 02:06:28,869 would have to adhere to the landscape and the lot coverage 2528 02:06:28,869 --> 02:06:30,079 requirements the 2529 02:06:30,079 --> 02:06:35,130 new zoning has the same requirement so the construction of 2530 02:06:35,130 --> 02:06:36,279 anything going there 2531 02:06:36,279 --> 02:06:42,380 would have the same footprint if not the same overall use 2532 02:06:42,380 --> 02:06:44,600 going into that that 2533 02:06:44,600 --> 02:06:51,399 building so we feel that we're providing general offices 2534 02:06:51,399 --> 02:06:53,000 that look similar to 2535 02:06:53,000 --> 02:06:57,579 what we have provided in our rendering it has that 2536 02:06:57,579 --> 02:06:58,760 residential appeal that 2537 02:06:58,760 --> 02:07:03,189 residential kind of look but is not a residence it is a an 2538 02:07:03,189 --> 02:07:04,520 office that the 2539 02:07:04,520 --> 02:07:08,399 community can use a good example would be the child care 2540 02:07:08,399 --> 02:07:09,920 that can be provided 2541 02:07:09,920 --> 02:07:13,210 for the residents as well as for those who are going to the 2542 02:07:13,210 --> 02:07:14,359 courthouse the 2543 02:07:14,359 --> 02:07:20,090 whole desire of this area is to go ahead and construct a 2544 02:07:20,090 --> 02:07:22,159 cohesive construction 2545 02:07:22,159 --> 02:07:27,880 that is both needed in this area and appeasing and to the 2546 02:07:27,880 --> 02:07:29,520 residents of the 2547 02:07:29,520 --> 02:07:32,779 area that both help facilitate needs of the residents as 2548 02:07:32,779 --> 02:07:34,000 well as those across 2549 02:07:34,000 --> 02:07:38,199 the street right and again I think you've addressed the 2550 02:07:38,199 --> 02:07:39,359 restriction part I 2551 02:07:39,359 --> 02:07:42,579 mean you know offices that look like homes and and and that 2552 02:07:42,579 --> 02:07:43,600 's great but again 2553 02:07:43,600 --> 02:07:48,399 it's the use that is the issue in this deep part of the lot 2554 02:07:48,399 --> 02:07:49,359 that that's where I 2555 02:07:49,359 --> 02:07:51,310 think everybody's getting stuck I think everybody would 2556 02:07:51,310 --> 02:07:52,119 love to see that piece 2557 02:07:52,119 --> 02:07:54,590 of land developed along McKinney and I think it's 2558 02:07:54,590 --> 02:07:56,680 definitely needed it's it's 2559 02:07:56,680 --> 02:07:59,850 that part that encroaches so deeply it's literally across 2560 02:07:59,850 --> 02:08:01,000 the street next to 2561 02:08:01,000 --> 02:08:04,880 behind single-family neighborhoods and a single-family 2562 02:08:04,880 --> 02:08:05,680 neighborhood that's one of 2563 02:08:05,680 --> 02:08:09,180 our most affordable dense single-family neighborhoods in 2564 02:08:09,180 --> 02:08:11,159 the city we have to be 2565 02:08:11,159 --> 02:08:16,010 careful not to negatively impact and destroy that since we 2566 02:08:16,010 --> 02:08:17,319 are running short 2567 02:08:17,319 --> 02:08:20,350 on affordable housing in our area sure so I must not quite 2568 02:08:20,350 --> 02:08:21,319 understand that 2569 02:08:21,319 --> 02:08:25,229 question as stated I'll go ahead and pitch it over to the 2570 02:08:25,229 --> 02:08:25,800 house and I'll 2571 02:08:25,800 --> 02:08:28,579 actually ask him to come up here to go ahead and possibly 2572 02:08:28,579 --> 02:08:29,760 answer that question 2573 02:08:29,760 --> 02:08:35,359 for for you okay or I can restate it if needed thanks 2574 02:08:38,359 --> 02:08:43,060 good evening Lee Allison with Allison engineering group 24 2575 02:08:43,060 --> 02:08:44,560 15 North Elm Street 2576 02:08:44,560 --> 02:08:48,430 I think we're trying to learn our new address sorry about 2577 02:08:48,430 --> 02:08:49,960 that in response to 2578 02:08:49,960 --> 02:08:53,960 a couple of questions obviously we'd like to avoid having a 2579 02:08:53,960 --> 02:08:54,399 another 2580 02:08:54,399 --> 02:08:56,789 neighborhood meeting we felt like we did a good job 2581 02:08:56,789 --> 02:08:59,199 responding to others the three 2582 02:08:59,199 --> 02:09:02,430 that are in opposition within the 200 feet I can't say 2583 02:09:02,430 --> 02:09:03,520 tonight whether they 2584 02:09:03,520 --> 02:09:07,000 were at our meetings or not if the Commission as a whole 2585 02:09:07,000 --> 02:09:07,939 felt like that we 2586 02:09:07,939 --> 02:09:10,289 really needed to go back and have another meeting I think 2587 02:09:10,289 --> 02:09:11,119 we're willing to 2588 02:09:11,119 --> 02:09:14,590 do that that's certainly not objectionable to us when it 2589 02:09:14,590 --> 02:09:15,399 comes to the 2590 02:09:15,399 --> 02:09:18,880 uses the one thing we've done is limit them to one stories 2591 02:09:18,880 --> 02:09:20,479 35 feet more to 2592 02:09:20,479 --> 02:09:23,380 allow for roofs so you're not going to have a taller even 2593 02:09:23,380 --> 02:09:24,479 two-story homes or 2594 02:09:24,479 --> 02:09:27,840 anybody looking into the area they again are intended to be 2595 02:09:27,840 --> 02:09:28,560 more of your 2596 02:09:28,560 --> 02:09:32,220 residential type buildings the type of offices that we go 2597 02:09:32,220 --> 02:09:33,439 there more likely 2598 02:09:33,439 --> 02:09:37,170 would operate during the days possibly on Saturdays mostly 2599 02:09:37,170 --> 02:09:38,359 during the week so 2600 02:09:38,359 --> 02:09:40,520 you're not going to have the nighttime evening when most 2601 02:09:40,520 --> 02:09:41,279 people are at home 2602 02:09:41,279 --> 02:09:44,229 when it comes to affordable housing the biggest problem is 2603 02:09:44,229 --> 02:09:44,840 the cost of 2604 02:09:44,840 --> 02:09:47,729 construction not the size of the home or where they are a 2605 02:09:47,729 --> 02:09:48,880 lot of these homes are 2606 02:09:48,880 --> 02:09:52,640 affordable in this area because they're older homes depreci 2607 02:09:52,640 --> 02:09:54,640 ated quite a bit not 2608 02:09:54,640 --> 02:10:01,159 quite as desirable in the marketplace today and they just 2609 02:10:01,159 --> 02:10:02,239 that's what keeps 2610 02:10:02,239 --> 02:10:04,960 them affordable at this point in time to think that we 2611 02:10:04,960 --> 02:10:06,279 could come in and put down 2612 02:10:06,279 --> 02:10:09,359 new lots at today's land prices and come in with a 2613 02:10:09,359 --> 02:10:10,760 competitive home as 2614 02:10:10,760 --> 02:10:14,640 affordable that was not really possible we're seeing homes 2615 02:10:14,640 --> 02:10:16,319 entry-level homes in 2616 02:10:16,319 --> 02:10:18,369 the hundred and twenty five to hundred and fifty dollars 2617 02:10:18,369 --> 02:10:19,439 square foot range and 2618 02:10:19,439 --> 02:10:22,329 these wouldn't be in that range you're not going to see the 2619 02:10:22,329 --> 02:10:23,079 big commercial 2620 02:10:23,079 --> 02:10:25,430 lights and things it'll be more similar to what you would 2621 02:10:25,430 --> 02:10:25,920 in another 2622 02:10:25,920 --> 02:10:32,000 neighborhood and in good separation distance between the 2623 02:10:32,000 --> 02:10:34,319 properties privacy 2624 02:10:34,319 --> 02:10:37,430 fence between the two that's been promised to practically 2625 02:10:37,430 --> 02:10:38,359 replace all the 2626 02:10:38,359 --> 02:10:40,920 neighbors existing fences and we're going with a taller 2627 02:10:40,920 --> 02:10:42,199 fence so that's where I 2628 02:10:42,199 --> 02:10:45,810 think the uses would make some difference the biggest 2629 02:10:45,810 --> 02:10:46,960 challenge might be 2630 02:10:46,960 --> 02:10:51,810 on on Janey Street as far as some commercial traffic but 2631 02:10:51,810 --> 02:10:52,420 that's why we're 2632 02:10:52,420 --> 02:10:55,949 proposing the access on McKinney Street at the front I 2633 02:10:55,949 --> 02:10:57,079 think it's interesting 2634 02:10:57,079 --> 02:11:01,180 that this is classified as a collector because of all the 2635 02:11:01,180 --> 02:11:02,359 houses on the front of 2636 02:11:02,359 --> 02:11:05,180 the street but when I look at the area all those streets 2637 02:11:05,180 --> 02:11:06,359 are collector streets 2638 02:11:06,359 --> 02:11:09,100 because of the number of houses on them so that's it's kind 2639 02:11:09,100 --> 02:11:10,119 of an interesting 2640 02:11:10,119 --> 02:11:14,579 facet of our development code in the way we classify 2641 02:11:14,579 --> 02:11:16,159 streets is there anything 2642 02:11:16,159 --> 02:11:20,100 else related to land use I you know granted you'll have 2643 02:11:20,100 --> 02:11:21,239 people coming in and 2644 02:11:21,239 --> 02:11:23,119 out but it's not just because of the zoning you're not 2645 02:11:23,119 --> 02:11:23,760 gonna have a big 2646 02:11:23,760 --> 02:11:28,079 shopping center with the massive parking lots and and the 2647 02:11:28,079 --> 02:11:29,600 huge crowds coming in 2648 02:11:29,600 --> 02:11:32,729 at Christmas or whatever for shopping events or things like 2649 02:11:32,729 --> 02:11:33,760 that right and I 2650 02:11:33,760 --> 02:11:37,760 guess if I can continue I think what's getting lost is my 2651 02:11:37,760 --> 02:11:39,399 question okay so what 2652 02:11:39,399 --> 02:11:42,869 I wanted from you is is you've you've definitely addressed 2653 02:11:42,869 --> 02:11:43,680 the issues the 2654 02:11:43,680 --> 02:11:46,340 neighborhood at least brought to you in the meeting with 2655 02:11:46,340 --> 02:11:48,239 your your overlay and 2656 02:11:48,239 --> 02:11:54,319 eliminating you know types of uses and and and great 2657 02:11:54,319 --> 02:11:54,960 restrictions on that 2658 02:11:54,960 --> 02:11:59,420 overlay but what I wanted from you is why do you think this 2659 02:11:59,420 --> 02:12:02,239 three acres in the 2660 02:12:02,239 --> 02:12:06,739 use that you're proposing is compatible with with the 2661 02:12:06,739 --> 02:12:09,199 neighborhood because with 2662 02:12:09,199 --> 02:12:12,699 the restrictions we're gonna see things like bail bonds on 2663 02:12:12,699 --> 02:12:13,520 the front they want 2664 02:12:13,520 --> 02:12:16,079 to be on McKinney Street what we can see in the back is 2665 02:12:16,079 --> 02:12:17,600 compatible uses such as 2666 02:12:17,600 --> 02:12:22,130 child care centers doctors offices people that would serve 2667 02:12:22,130 --> 02:12:24,199 those I don't know it's 2668 02:12:24,199 --> 02:12:27,000 hard to get businesses that can be supported within walking 2669 02:12:27,000 --> 02:12:27,680 distance because 2670 02:12:27,680 --> 02:12:30,619 usually with single-family home districts you can't hardly 2671 02:12:30,619 --> 02:12:31,239 support a 2672 02:12:31,239 --> 02:12:33,970 snow cone stand within walking distance it's just hard to 2673 02:12:33,970 --> 02:12:34,680 do you have to have 2674 02:12:34,680 --> 02:12:40,510 driving but it would be uses that were compatible I think 2675 02:12:40,510 --> 02:12:41,960 the marketplace would 2676 02:12:41,960 --> 02:12:44,779 drive uses that are compatible with the residents as far as 2677 02:12:44,779 --> 02:12:45,920 things like daycare 2678 02:12:45,920 --> 02:12:48,170 centers that could serve those residents over there it's 2679 02:12:48,170 --> 02:12:49,640 not going to really being 2680 02:12:49,640 --> 02:12:51,979 that far back in there just because of where it is it's not 2681 02:12:51,979 --> 02:12:52,640 going to really 2682 02:12:52,640 --> 02:12:56,319 attract the type of businesses that want to be on McKinney 2683 02:12:56,319 --> 02:12:57,319 per se it's going to 2684 02:12:57,319 --> 02:12:59,520 attract the type of businesses that want to be in that 2685 02:12:59,520 --> 02:13:00,760 neighborhood and I think 2686 02:13:00,760 --> 02:13:04,279 it works well with your neighborhood residential mixed use 2687 02:13:04,279 --> 02:13:05,279 and the ability to 2688 02:13:05,279 --> 02:13:08,500 provide the services within walking distance or short 2689 02:13:08,500 --> 02:13:09,760 driving distance so 2690 02:13:09,760 --> 02:13:14,560 they don't have to go across town to get to them well you 2691 02:13:14,560 --> 02:13:16,119 're at the mic if you 2692 02:13:16,119 --> 02:13:19,600 don't mind looking at the overhead map and we're talking 2693 02:13:19,600 --> 02:13:20,319 about affordable 2694 02:13:20,319 --> 02:13:23,520 housing and availability it appears that right across the 2695 02:13:23,520 --> 02:13:24,680 street to the west of 2696 02:13:24,680 --> 02:13:29,479 this site on Janey is a vacant lot it looks like on Hedda 2697 02:13:29,479 --> 02:13:31,520 Street there are two 2698 02:13:31,520 --> 02:13:37,060 vacant lots that are available on Riddell Street there's 2699 02:13:37,060 --> 02:13:38,159 vacant lot available 2700 02:13:38,159 --> 02:13:42,119 so there is single-family residential lots that are 2701 02:13:42,119 --> 02:13:43,800 available that are still 2702 02:13:43,800 --> 02:13:47,210 sitting there vacant even across from what is here a larger 2703 02:13:47,210 --> 02:13:48,880 track so this will 2704 02:13:48,880 --> 02:13:51,779 bring that to the Commission detention while we're talking 2705 02:13:51,779 --> 02:13:52,640 about that that 2706 02:13:52,640 --> 02:13:55,640 there are available vacant lots right across the street and 2707 02:13:55,640 --> 02:13:56,439 on neighboring 2708 02:13:56,439 --> 02:14:02,600 streets that are still vacant so talking about demand and 2709 02:14:02,600 --> 02:14:05,199 availability so 2710 02:14:05,199 --> 02:14:12,079 I recognize that next speaker am I allowed to respond sure 2711 02:14:12,079 --> 02:14:13,359 my issue with 2712 02:14:13,359 --> 02:14:16,260 affordable housing was not that we need to build more right 2713 02:14:16,260 --> 02:14:17,520 there it was I don't 2714 02:14:17,520 --> 02:14:20,600 want to see the demise of what is affordable there's a lot 2715 02:14:20,600 --> 02:14:21,359 of investors in 2716 02:14:21,359 --> 02:14:23,750 that neighborhood who would just love this to turn all 2717 02:14:23,750 --> 02:14:24,760 commercial there so 2718 02:14:24,760 --> 02:14:27,920 they can sell their property and we have now eliminated 2719 02:14:27,920 --> 02:14:29,199 affordable leasing and 2720 02:14:29,199 --> 02:14:33,159 affordable housing options that was my point okay thank you 2721 02:14:33,159 --> 02:14:34,680 well-said 2722 02:14:34,680 --> 02:14:37,170 lady did you have something else you wanted to add for our 2723 02:14:37,170 --> 02:14:37,960 recognize next 2724 02:14:37,960 --> 02:14:41,039 speaker related to that I was here the night the prior 2725 02:14:41,039 --> 02:14:43,000 zoning was approved and 2726 02:14:43,000 --> 02:14:46,029 saw the concept plans and I think the primary reason that 2727 02:14:46,029 --> 02:14:47,079 that development 2728 02:14:47,079 --> 02:14:50,079 didn't occur because it was not economically sustainable 2729 02:14:50,079 --> 02:14:51,439 yeah even for 2730 02:14:51,439 --> 02:14:54,979 the tiny houses it would be very affordable it just didn't 2731 02:14:54,979 --> 02:14:56,159 happen for I 2732 02:14:56,159 --> 02:15:01,979 think obvious reasons any other question yes Commissioner 2733 02:15:01,979 --> 02:15:02,560 Sullivan 2734 02:15:02,560 --> 02:15:07,359 thanks chair first I guess to staff I'm confused because 2735 02:15:07,359 --> 02:15:08,920 you had in your chart 2736 02:15:08,920 --> 02:15:12,680 that the building height was 40 feet on both and yet and 2737 02:15:12,680 --> 02:15:14,199 what I'm looking at it's 2738 02:15:14,199 --> 02:15:21,880 65 feet for the NR MU 12 is it 40 or 65 2739 02:15:29,000 --> 02:15:34,760 in our six is 40 did I show NR MU 12 is a maximum building 2740 02:15:34,760 --> 02:15:36,840 height the 40 feet in 2741 02:15:36,840 --> 02:15:41,090 our MU has a maximum building height of 65 feet okay wrong 2742 02:15:41,090 --> 02:15:42,760 in my chart no I 2743 02:15:42,760 --> 02:15:44,829 think they had it wrong in their chart that's why I was 2744 02:15:44,829 --> 02:15:45,720 asking is that you had 2745 02:15:45,720 --> 02:15:52,720 both heights were 40 yes okay well I've got NR MU 12 is it 2746 02:15:52,720 --> 02:15:54,720 's 65 feet in our 2747 02:15:54,720 --> 02:15:59,359 backup oh I apologize that I that I may have okay so that's 2748 02:15:59,359 --> 02:16:00,079 what it is so it is 2749 02:16:00,079 --> 02:16:06,439 40 yes okay I got that's fine I'm struggling with if when I 2750 02:16:06,439 --> 02:16:06,960 look at the 2751 02:16:06,960 --> 02:16:13,619 things that you strike from the district and all the thing 2752 02:16:13,619 --> 02:16:14,520 all the restrictions 2753 02:16:14,520 --> 02:16:20,239 the height from 40 to 35 one story what's the difference 2754 02:16:20,239 --> 02:16:21,640 between just having 2755 02:16:21,640 --> 02:16:27,720 an NR 6 I mean you're basically building an NR 6 from the 2756 02:16:27,720 --> 02:16:30,439 NR MU 12 with the 2757 02:16:30,439 --> 02:16:35,559 restrictions that you're placing in that zoning I'm 2758 02:16:35,559 --> 02:16:37,760 confused as to why the 2759 02:16:37,760 --> 02:16:43,069 why the restrictions that ends up looking like in our six 2760 02:16:43,069 --> 02:16:44,559 the primary 2761 02:16:44,559 --> 02:16:48,819 reason is because of the garden office type facilities that 2762 02:16:48,819 --> 02:16:50,000 we can have in some 2763 02:16:50,000 --> 02:16:52,920 retail and small restaurants and things that can go there 2764 02:16:52,920 --> 02:16:54,159 there's very limited 2765 02:16:54,159 --> 02:16:57,719 size of them so it does make them neighborhood residential 2766 02:16:57,719 --> 02:16:58,520 friendly if 2767 02:16:58,520 --> 02:17:00,780 somebody would come in and put a small restaurant it'd be a 2768 02:17:00,780 --> 02:17:01,520 good place to walk 2769 02:17:01,520 --> 02:17:05,329 to from within the neighborhood so it allows the primary 2770 02:17:05,329 --> 02:17:07,120 uses that this client 2771 02:17:07,120 --> 02:17:10,590 is looking at developing in that area I guess it doesn't 2772 02:17:10,590 --> 02:17:12,239 include everything but 2773 02:17:12,239 --> 02:17:15,479 we think it makes it even more neighborhood compatible than 2774 02:17:15,479 --> 02:17:16,040 then what 2775 02:17:16,040 --> 02:17:20,250 the neighborhood residential district allows for and it 2776 02:17:20,250 --> 02:17:21,799 just takes away some 2777 02:17:21,799 --> 02:17:26,479 of the taller higher people use activities such as 2778 02:17:26,479 --> 02:17:28,000 apartments and 2779 02:17:28,000 --> 02:17:31,899 schools and things of that nature but mean what and what do 2780 02:17:31,899 --> 02:17:32,479 you say you're 2781 02:17:32,479 --> 02:17:35,909 gonna do with about the density you were to keep that at at 2782 02:17:35,909 --> 02:17:39,479 the at 6 or 12 2783 02:17:39,479 --> 02:17:46,209 six actually I'd have to talk to our applicant here Nathan 2784 02:17:46,209 --> 02:17:48,440 iel Johnson I don't 2785 02:17:48,440 --> 02:17:51,959 see a problem with keep reducing the density from 12 to 6 2786 02:17:51,959 --> 02:17:52,959 because we're not 2787 02:17:52,959 --> 02:17:55,989 planning on building single-family residential anyway in 2788 02:17:55,989 --> 02:17:56,840 there so I don't 2789 02:17:56,840 --> 02:17:59,840 see that that would make a difference I didn't even think 2790 02:17:59,840 --> 02:18:00,559 about adding that 2791 02:18:00,559 --> 02:18:05,829 restriction I need Dodson Dodson legal group developing 2792 02:18:05,829 --> 02:18:07,879 this the Davis your 2793 02:18:07,879 --> 02:18:11,520 address please sir for the record 109 South Woodrow thank 2794 02:18:11,520 --> 02:18:14,440 you the big use and 2795 02:18:14,440 --> 02:18:18,399 restriction as far as I understood is professional space 2796 02:18:18,399 --> 02:18:20,760 the property itself 2797 02:18:20,760 --> 02:18:25,659 being just adjacent from the court building is really ideal 2798 02:18:25,659 --> 02:18:26,840 for the legal 2799 02:18:26,840 --> 02:18:31,510 community and the legal needs surrounding there's just not 2800 02:18:31,510 --> 02:18:32,120 a lot of 2801 02:18:32,120 --> 02:18:36,739 office space or any place for the legal community to get 2802 02:18:36,739 --> 02:18:38,680 housed in fact that some 2803 02:18:38,680 --> 02:18:41,659 of the buildings are being acquired by the county it's 2804 02:18:41,659 --> 02:18:43,239 actually a shrinking 2805 02:18:43,239 --> 02:18:51,030 area for people that are exactly in my position and other 2806 02:18:51,030 --> 02:18:52,479 of the legal 2807 02:18:52,479 --> 02:18:56,280 communities position that we're getting kicked farther and 2808 02:18:56,280 --> 02:18:58,079 farther out which is 2809 02:18:58,079 --> 02:19:03,049 not ideal the entire purpose of the development is to kind 2810 02:19:03,049 --> 02:19:04,120 of create a home 2811 02:19:04,120 --> 02:19:10,200 and an epicenter for people within the legal community to 2812 02:19:10,200 --> 02:19:11,799 kind of glom onto 2813 02:19:11,799 --> 02:19:17,409 being walking distance for restaurants being where I'm sure 2814 02:19:17,409 --> 02:19:18,959 there's a gun in the 2815 02:19:18,959 --> 02:19:23,309 effects or kinkos if there were still around as well as 2816 02:19:23,309 --> 02:19:24,959 being able to house 2817 02:19:24,959 --> 02:19:30,069 attorneys bail bonds towards the front and have a easy 2818 02:19:30,069 --> 02:19:32,200 access area that just 2819 02:19:32,200 --> 02:19:39,120 simply is not existent in the current area in terms of the 2820 02:19:39,120 --> 02:19:40,440 neighborhood itself 2821 02:19:40,440 --> 02:19:44,860 I understand the concern brought up about being such a 2822 02:19:44,860 --> 02:19:46,719 striking difference 2823 02:19:46,719 --> 02:19:51,250 from commercial to residential but in fact we're trying to 2824 02:19:51,250 --> 02:19:52,479 work appearance 2825 02:19:52,479 --> 02:19:57,670 wise into the neighborhood which pitched roof smaller 2826 02:19:57,670 --> 02:19:59,840 buildings so it won't be 2827 02:19:59,840 --> 02:20:02,950 that glaring difference between having a Kroger's right in 2828 02:20:02,950 --> 02:20:04,799 front of your house and 2829 02:20:04,799 --> 02:20:09,579 a neighborhood so all the the things that are being brought 2830 02:20:09,579 --> 02:20:10,920 up are considered 2831 02:20:10,920 --> 02:20:13,170 and very important and we don't want to have a problem with 2832 02:20:13,170 --> 02:20:14,200 the neighborhood at 2833 02:20:14,200 --> 02:20:18,450 the same time when you talk about affordable housing new 2834 02:20:18,450 --> 02:20:19,600 construction 2835 02:20:19,600 --> 02:20:23,899 isn't very affordable regardless of where you go and I 2836 02:20:23,899 --> 02:20:25,520 understand and agree with 2837 02:20:25,520 --> 02:20:30,559 what Lee was talking about previously of most likely the 2838 02:20:30,559 --> 02:20:32,200 last project for the 2839 02:20:32,200 --> 02:20:37,040 rezoning failed ultimately because the neighborhood couldn 2840 02:20:37,040 --> 02:20:38,600 't sell a new 2841 02:20:38,600 --> 02:20:42,520 construction is doesn't fit with the current neighborhood 2842 02:20:42,520 --> 02:20:44,879 either and my biggest 2843 02:20:44,879 --> 02:20:50,389 concern is is that would end up being empty raw land in the 2844 02:20:50,389 --> 02:20:52,440 long term because 2845 02:20:52,440 --> 02:20:56,969 until there's a change within the neighborhood which would 2846 02:20:56,969 --> 02:20:57,479 absolutely 2847 02:20:57,479 --> 02:21:02,280 destroy the affordable housing there's not too much that 2848 02:21:02,280 --> 02:21:04,360 can be done with that 2849 02:21:04,360 --> 02:21:08,799 property itself so really all I'm trying to do is increase 2850 02:21:08,799 --> 02:21:11,000 the value of the 2851 02:21:11,000 --> 02:21:15,909 surrounding community we'd be improving the road itself as 2852 02:21:15,909 --> 02:21:17,760 well as creating an 2853 02:21:17,760 --> 02:21:22,149 actual use for a property that may end up remaining raw 2854 02:21:22,149 --> 02:21:24,920 land for decades because 2855 02:21:24,920 --> 02:21:28,840 you can't build residential within that current community 2856 02:21:28,840 --> 02:21:29,600 although it's 2857 02:21:29,600 --> 02:21:32,409 understandable that you don't want to have a striking 2858 02:21:32,409 --> 02:21:33,600 difference between a 2859 02:21:33,600 --> 02:21:38,719 commercial space you know the the CVS and the residential 2860 02:21:38,719 --> 02:21:39,500 neighborhood it 2861 02:21:39,500 --> 02:21:44,360 occurs all the time everywhere but we are trying to our 2862 02:21:44,360 --> 02:21:45,719 best to work within the 2863 02:21:45,719 --> 02:21:50,180 community keep everybody happy not be a striking difference 2864 02:21:50,180 --> 02:21:52,920 between the office 2865 02:21:52,920 --> 02:21:56,760 space as well as the neighborhood itself 2866 02:21:57,120 --> 02:22:05,379 thank you commissioner Smith thank you chair before I move 2867 02:22:05,379 --> 02:22:06,760 on mr. Dotson thank 2868 02:22:06,760 --> 02:22:09,520 you very much for your words one of the things I brought up 2869 02:22:09,520 --> 02:22:10,479 today on the 2870 02:22:10,479 --> 02:22:13,700 Commission was the idea of valuation changing and the 2871 02:22:13,700 --> 02:22:15,280 affordable housing area 2872 02:22:15,280 --> 02:22:18,750 that surrounds the plot of land that we're talking about in 2873 02:22:18,750 --> 02:22:19,799 my own personal 2874 02:22:19,799 --> 02:22:21,799 experience to doing research on affordable housing 2875 02:22:21,799 --> 02:22:23,000 commercial property 2876 02:22:23,000 --> 02:22:25,870 purchases and development of commercial property doesn't 2877 02:22:25,870 --> 02:22:26,600 nearly affect 2878 02:22:26,600 --> 02:22:30,700 residential home values as much as being people think in 2879 02:22:30,700 --> 02:22:32,280 actuality a lot of times 2880 02:22:32,280 --> 02:22:35,530 you lose the demand for residential property when you're 2881 02:22:35,530 --> 02:22:36,760 getting when you have 2882 02:22:36,760 --> 02:22:40,420 it closer to commercial so if anything it might actually 2883 02:22:40,420 --> 02:22:42,319 keep home values less 2884 02:22:42,319 --> 02:22:44,950 if you see investors want to come in and buy a nice 2885 02:22:44,950 --> 02:22:46,360 residential home in the 2886 02:22:46,360 --> 02:22:49,040 middle of a nice residential neighborhood now if they have 2887 02:22:49,040 --> 02:22:49,559 possibly a 2888 02:22:49,559 --> 02:22:52,780 commercial space across the way it may be less of desire 2889 02:22:52,780 --> 02:22:54,159 keeping that value low 2890 02:22:54,159 --> 02:22:56,600 is what is what the way I perceive it so I just wouldn't 2891 02:22:56,600 --> 02:22:58,340 have that there on record 2892 02:22:58,340 --> 02:23:04,420 to mr. Allison and his associates the the genie Street 2893 02:23:04,420 --> 02:23:06,639 condition it was 2894 02:23:06,639 --> 02:23:08,620 something that was brought up during the neighborhood 2895 02:23:08,620 --> 02:23:10,360 community meeting is that 2896 02:23:10,360 --> 02:23:12,540 something and I'm asking a lot of the questions I'm gonna 2897 02:23:12,540 --> 02:23:13,239 ask you here are 2898 02:23:13,239 --> 02:23:17,209 dependent upon the platting process once we get to that is 2899 02:23:17,209 --> 02:23:19,719 the discussion of the 2900 02:23:19,719 --> 02:23:23,299 development bringing improvements to genie Street on the 2901 02:23:23,299 --> 02:23:24,159 table is that 2902 02:23:24,159 --> 02:23:26,620 something that is going to be addressed because that Street 2903 02:23:26,620 --> 02:23:27,440 is terrible the 2904 02:23:27,440 --> 02:23:31,600 condition of genie Street is deplorable and in accordance 2905 02:23:31,600 --> 02:23:32,360 with the city 2906 02:23:32,360 --> 02:23:35,579 requirements for development and perimeter street 2907 02:23:35,579 --> 02:23:37,079 requirements we will be 2908 02:23:37,079 --> 02:23:40,590 working with the city to accomplish that we are already in 2909 02:23:40,590 --> 02:23:42,000 the process of laying 2910 02:23:42,000 --> 02:23:45,559 it out one of our big challenges is to try and come up with 2911 02:23:45,559 --> 02:23:46,479 an alternate design 2912 02:23:46,479 --> 02:23:49,100 so we can try and keep those trees in the median where gen 2913 02:23:49,100 --> 02:23:49,920 ie is going to go 2914 02:23:49,920 --> 02:23:53,639 people really like those but if that Street gets rebuilt to 2915 02:23:53,639 --> 02:23:54,559 city standards 2916 02:23:54,559 --> 02:23:57,989 without some kind of exception by the city those trees will 2917 02:23:57,989 --> 02:23:58,760 have to go but 2918 02:23:58,760 --> 02:24:03,680 we're yes that was Street will be will be improved will be 2919 02:24:03,680 --> 02:24:05,559 upgraded as the site 2920 02:24:05,559 --> 02:24:09,180 is platted and only in portion of the part that is platted 2921 02:24:09,180 --> 02:24:10,239 so it may if the 2922 02:24:10,239 --> 02:24:12,989 site gets platted in three pieces it'll be three pieces is 2923 02:24:12,989 --> 02:24:13,879 that Street gets 2924 02:24:13,879 --> 02:24:17,059 does that mean the concept and the concept for the planning 2925 02:24:17,059 --> 02:24:17,799 that your 2926 02:24:17,799 --> 02:24:20,909 associate showed us a little while ago was there going to 2927 02:24:20,909 --> 02:24:22,260 be an entrance to the 2928 02:24:22,260 --> 02:24:24,729 property from genie Street or was it only be from the front 2929 02:24:24,729 --> 02:24:26,040 of McKinney that 2930 02:24:26,040 --> 02:24:31,239 concept was the concept whoops I need to find the word our 2931 02:24:31,239 --> 02:24:32,760 first one go there we 2932 02:24:32,760 --> 02:24:35,549 go I know it's small and hard to see there would actually 2933 02:24:35,549 --> 02:24:36,559 be two accesses to 2934 02:24:36,559 --> 02:24:39,579 genie Street we're proposing another access from McKinney 2935 02:24:39,579 --> 02:24:40,200 Street as well 2936 02:24:40,200 --> 02:24:42,940 didn't touch on the first presentation there last two 2937 02:24:42,940 --> 02:24:44,159 things specifically 2938 02:24:44,159 --> 02:24:47,399 talking about concept first of all there is an existing 2939 02:24:47,399 --> 02:24:48,879 tree wall that surrounds 2940 02:24:48,879 --> 02:24:51,280 the entire property that does shield it from the 2941 02:24:51,280 --> 02:24:52,799 neighborhood as it sits now so 2942 02:24:52,799 --> 02:24:56,520 it isn't like looking over raw land from the neighborhood 2943 02:24:56,520 --> 02:24:58,120 side is the idea you've 2944 02:24:58,120 --> 02:25:01,079 talked about a proposed screen is the idea to keep the 2945 02:25:01,079 --> 02:25:02,440 original facade of the 2946 02:25:02,440 --> 02:25:07,860 trees or to put up a brand new brick wall or I don't know a 2947 02:25:07,860 --> 02:25:09,520 lumber eight foot 2948 02:25:09,520 --> 02:25:12,530 fence what's the idea here on generally the idea is to work 2949 02:25:12,530 --> 02:25:13,360 with the neighbors 2950 02:25:13,360 --> 02:25:16,719 and replace their fences in place with a newer better fence 2951 02:25:16,719 --> 02:25:17,559 that would be a 2952 02:25:17,559 --> 02:25:20,219 privacy fence instead of trying to build a second one right 2953 02:25:20,219 --> 02:25:21,959 next to theirs and 2954 02:25:21,959 --> 02:25:24,540 that would give us better opportunity to maintain the tree 2955 02:25:24,540 --> 02:25:25,399 lines and we do have a 2956 02:25:25,399 --> 02:25:28,360 pretty good sized landscape buffer there and with the top 2957 02:25:28,360 --> 02:25:29,639 ography of the land it'll 2958 02:25:29,639 --> 02:25:32,469 be a lot easier to maintain the existing trees along the 2959 02:25:32,469 --> 02:25:33,600 edges of the property 2960 02:25:33,600 --> 02:25:38,049 will that pertain to the long the edges of genie Street as 2961 02:25:38,049 --> 02:25:40,040 well probably not 2962 02:25:40,040 --> 02:25:43,059 because of the city standard Street sections and the reason 2963 02:25:43,059 --> 02:25:44,479 need to dedicate 2964 02:25:44,479 --> 02:25:46,930 additional right away and widen everything in there and 2965 02:25:46,930 --> 02:25:47,559 utilities go 2966 02:25:47,559 --> 02:25:50,840 it's just almost impossible to save those great and the 2967 02:25:50,840 --> 02:25:51,639 last thing I think 2968 02:25:51,639 --> 02:25:55,120 to to you mr. Allison as well as you mr. Dotson number of 2969 02:25:55,120 --> 02:25:56,760 dwellings that we could 2970 02:25:56,760 --> 02:26:00,120 possibly project when it comes to the plotting process you 2971 02:26:00,120 --> 02:26:01,399 mentioned that even 2972 02:26:01,399 --> 02:26:07,219 though and the the new use that we're looking for from NR 2973 02:26:07,219 --> 02:26:09,360 six to NR MU 12 in 2974 02:26:09,360 --> 02:26:13,639 our unit 12 requests or has the allowance of 12 dwellings 2975 02:26:13,639 --> 02:26:14,440 per acre in 2976 02:26:14,440 --> 02:26:18,079 our six is six dwellings breaker you guys thinking that the 2977 02:26:18,079 --> 02:26:19,040 platting is going 2978 02:26:19,040 --> 02:26:22,600 to be looking more like six dwellings per acre versus 12 2979 02:26:22,600 --> 02:26:23,520 well if we get the 2980 02:26:23,520 --> 02:26:27,479 zoning approved there won't be any dwellings and sorry I 2981 02:26:27,479 --> 02:26:27,840 should I should 2982 02:26:27,840 --> 02:26:31,200 rephrase it units the ability for if you're talking about 2983 02:26:31,200 --> 02:26:31,920 talking about 2984 02:26:31,920 --> 02:26:35,090 building these as professional offices units per acre is 2985 02:26:35,090 --> 02:26:36,440 dwelling units it is 2986 02:26:36,440 --> 02:26:40,479 not building units okay and you can see in this plan we're 2987 02:26:40,479 --> 02:26:42,559 looking at on that 2988 02:26:42,559 --> 02:26:47,950 upper portion probably six buildings total okay that's what 2989 02:26:47,950 --> 02:26:49,079 I get 7500 square 2990 02:26:49,079 --> 02:26:52,440 yeah vernacular vernacular wrong but that the same in end 2991 02:26:52,440 --> 02:26:53,600 goal six total 2992 02:26:53,600 --> 02:26:57,340 buildings essentially as we're looking at and what we have 2993 02:26:57,340 --> 02:26:58,520 on this plan is 2994 02:26:58,520 --> 02:27:02,290 basically what we're anticipating in that upper area okay 2995 02:27:02,290 --> 02:27:03,200 no other questions 2996 02:27:03,200 --> 02:27:07,200 Commissioner a couple more questions still Commissioner 2997 02:27:07,200 --> 02:27:08,120 Roselle thank you 2998 02:27:08,120 --> 02:27:10,530 chair I've been taking notes this entire time so if this 2999 02:27:10,530 --> 02:27:11,399 seems like a stream of 3000 02:27:11,399 --> 02:27:15,059 consciousness and my questioning I apologize the overlay 3001 02:27:15,059 --> 02:27:16,000 that you submitted 3002 02:27:16,000 --> 02:27:18,629 to us was that completed before the neighborhood meeting or 3003 02:27:18,629 --> 02:27:19,280 in response to 3004 02:27:19,280 --> 02:27:21,719 the neighborhood meeting in response to the meeting okay 3005 02:27:21,719 --> 02:27:22,200 and they were 3006 02:27:22,200 --> 02:27:25,000 specifically discussed with those present at the meeting 3007 02:27:25,000 --> 02:27:26,719 line by line we 3008 02:27:26,719 --> 02:27:29,540 said we could do those and we did I think echoing other 3009 02:27:29,540 --> 02:27:30,680 commissioners I think 3010 02:27:30,680 --> 02:27:34,879 the overlay is gracious I think it's a it's a pretty good 3011 02:27:34,879 --> 02:27:36,920 attempt to mitigate 3012 02:27:36,920 --> 02:27:40,389 some of the concerns city staff brought up several times 3013 02:27:40,389 --> 02:27:42,120 that the main issue is 3014 02:27:42,120 --> 02:27:46,879 use that they don't want the use there was was used talked 3015 02:27:46,879 --> 02:27:48,000 about in the 3016 02:27:48,000 --> 02:27:52,409 community meeting did they bring up the opposition to a 3017 02:27:52,409 --> 02:27:54,399 office use no they 3018 02:27:54,399 --> 02:27:57,069 brought up an opposition to bars and clubs and things that 3019 02:27:57,069 --> 02:27:58,000 might operate late 3020 02:27:58,000 --> 02:28:01,620 at night which NRMU 12 does not allow at all they were 3021 02:28:01,620 --> 02:28:04,239 concerned about bail bonds 3022 02:28:04,239 --> 02:28:08,829 type facilities and while there's no restrictive of the use 3023 02:28:08,829 --> 02:28:09,920 of those that 3024 02:28:09,920 --> 02:28:14,879 specific those facilities tended locate on-street frontages 3025 02:28:14,879 --> 02:28:16,440 closer to the jail 3026 02:28:16,440 --> 02:28:19,000 the better because people walk out of there and go straight 3027 02:28:19,000 --> 02:28:19,799 to the bail bonds 3028 02:28:19,799 --> 02:28:24,159 but they need the the road visit main road visibility not 3029 02:28:24,159 --> 02:28:25,040 the background 3030 02:28:25,040 --> 02:28:28,510 visibility did you bring up the general office use in the 3031 02:28:28,510 --> 02:28:29,159 community being as 3032 02:28:29,159 --> 02:28:32,399 your intention yes we basically brought up this concept 3033 02:28:32,399 --> 02:28:33,520 site type plan and 3034 02:28:33,520 --> 02:28:36,940 there was no opposition stated at that time they were 3035 02:28:36,940 --> 02:28:38,520 against the office use 3036 02:28:38,520 --> 02:28:42,959 none had stated at that time no okay I have a question for 3037 02:28:42,959 --> 02:28:44,600 Julie why before I do 3038 02:28:44,600 --> 02:28:49,290 that I had one comment this this has no bearing on this but 3039 02:28:49,290 --> 02:28:50,559 as I'm looking at 3040 02:28:50,559 --> 02:28:52,559 the site plan I wrote up in the work session mr. Allison 3041 02:28:52,559 --> 02:28:53,799 you were there that 3042 02:28:53,799 --> 02:28:57,760 there's a very similar development like this off Hinkle 3043 02:28:57,760 --> 02:28:58,920 just north of University 3044 02:28:58,920 --> 02:29:01,479 across from the church behind the chase building and they 3045 02:29:01,479 --> 02:29:02,440 structured it where 3046 02:29:02,440 --> 02:29:06,579 the drive and parking abutted the adjacent properties 3047 02:29:06,579 --> 02:29:07,639 providing a little 3048 02:29:07,639 --> 02:29:10,510 bit more buffer from the fence lines the actual building so 3049 02:29:10,510 --> 02:29:11,719 I don't know if that 3050 02:29:11,719 --> 02:29:14,930 is possible or if that's desired I'm not sure I don't know 3051 02:29:14,930 --> 02:29:16,319 how to plan that but 3052 02:29:16,319 --> 02:29:18,659 I'm wondering if the drive on the east side and the 3053 02:29:18,659 --> 02:29:20,680 buildings were flipped if it 3054 02:29:20,680 --> 02:29:23,409 actually would provide more buffer if there's an issue with 3055 02:29:23,409 --> 02:29:24,120 cars driving I 3056 02:29:24,120 --> 02:29:27,340 don't know but I just it works in the other development in 3057 02:29:27,340 --> 02:29:28,120 terms of spacing 3058 02:29:28,120 --> 02:29:31,409 sight lines from the back door of the house the buildings 3059 02:29:31,409 --> 02:29:32,440 are pushed for 3060 02:29:32,440 --> 02:29:36,629 further away from the property line again that that's not 3061 02:29:36,629 --> 02:29:37,920 relevant to this 3062 02:29:37,920 --> 02:29:41,469 but in this weekend this I wonder if I didn't be more 3063 02:29:41,469 --> 02:29:43,120 manual to residents to 3064 02:29:43,120 --> 02:29:47,309 flip that I am very familiar with the facility you're 3065 02:29:47,309 --> 02:29:50,040 speaking of my personal 3066 02:29:50,040 --> 02:29:52,690 opinion is that this is a better layout because you have 3067 02:29:52,690 --> 02:29:53,879 landscaping in the back 3068 02:29:53,879 --> 02:29:59,069 we have any large mechanical type equipment has to be at 3069 02:29:59,069 --> 02:30:01,200 least 100 feet 3070 02:30:01,200 --> 02:30:03,329 from the property line which would kind of put it out in 3071 02:30:03,329 --> 02:30:04,399 the middle of everything 3072 02:30:04,399 --> 02:30:07,870 we've limited the units to residential style units and 3073 02:30:07,870 --> 02:30:09,200 requiring them to be 3074 02:30:09,200 --> 02:30:12,299 screened with screening walls there's more opportunity for 3075 02:30:12,299 --> 02:30:13,879 landscaping and you 3076 02:30:13,879 --> 02:30:18,620 have you just don't have the lights from cars pushing into 3077 02:30:18,620 --> 02:30:19,959 backyards etc so we 3078 02:30:19,959 --> 02:30:23,590 we feel like this is better I haven't heard anything from 3079 02:30:23,590 --> 02:30:24,399 the residents 3080 02:30:24,399 --> 02:30:30,450 directly related to that I leave it up to the professional 3081 02:30:30,450 --> 02:30:31,479 to decide that just 3082 02:30:31,479 --> 02:30:41,120 my thoughts miss why can I shoot two questions please you 3083 02:30:41,120 --> 02:30:41,879 had mentioned that 3084 02:30:41,879 --> 02:30:44,530 there's opposition because of the office use but it doesn't 3085 02:30:44,530 --> 02:30:45,239 sound like the 3086 02:30:45,239 --> 02:30:47,680 community was advocating that can you tell me about the 3087 02:30:47,680 --> 02:30:49,120 background from staff 3088 02:30:49,120 --> 02:30:56,569 having an issue with the use of office sure so so in terms 3089 02:30:56,569 --> 02:30:58,239 of these infill 3090 02:30:58,239 --> 02:31:01,459 areas where you've got established neighborhoods and then 3091 02:31:01,459 --> 02:31:02,120 you've got 3092 02:31:02,120 --> 02:31:05,700 development opportunities adjacent to it and I know we've 3093 02:31:05,700 --> 02:31:07,079 seen cases like these 3094 02:31:07,079 --> 02:31:10,840 come before come before this Commission in the last year we 3095 02:31:10,840 --> 02:31:11,920 have to look at 3096 02:31:11,920 --> 02:31:17,510 those neighborhoods and and and and ensure that often when 3097 02:31:17,510 --> 02:31:18,200 we have these 3098 02:31:18,200 --> 02:31:20,610 cases where commercial development starts encroaching in 3099 02:31:20,610 --> 02:31:21,520 those neighborhoods 3100 02:31:21,520 --> 02:31:25,489 it nibbles away it nibbles away at the edges of it and that 3101 02:31:25,489 --> 02:31:27,239 and that when it 3102 02:31:27,239 --> 02:31:30,389 nibbles too much then it compromises that cohesive 3103 02:31:30,389 --> 02:31:32,479 development pattern pattern 3104 02:31:32,479 --> 02:31:36,620 of that neighborhood and so we often need to in often in 3105 02:31:36,620 --> 02:31:38,280 some instances like 3106 02:31:38,280 --> 02:31:42,270 this one where it's really it's in it's it's centered in 3107 02:31:42,270 --> 02:31:44,079 that neighborhood we 3108 02:31:44,079 --> 02:31:46,870 want to hold the line to ensure that that neighborhood 3109 02:31:46,870 --> 02:31:48,000 stays protected and 3110 02:31:48,000 --> 02:31:54,510 that it and that those those those residents are that their 3111 02:31:54,510 --> 02:31:55,440 existing 3112 02:31:55,440 --> 02:31:58,930 development pattern and the uses that are in the area are 3113 02:31:58,930 --> 02:31:59,959 maintained and and 3114 02:31:59,959 --> 02:32:03,379 that there isn't that nibbling away so that one property 3115 02:32:03,379 --> 02:32:04,639 falls and the next one 3116 02:32:04,639 --> 02:32:08,739 falls and so that that's really our intent and in terms of 3117 02:32:08,739 --> 02:32:10,360 of a mix of uses 3118 02:32:10,360 --> 02:32:15,590 and an office yes often those things can be compatible but 3119 02:32:15,590 --> 02:32:16,799 we have to look at it 3120 02:32:16,799 --> 02:32:23,159 in a situational setting so in terms of this one you know I 3121 02:32:23,159 --> 02:32:24,799 we we looked at the 3122 02:32:24,799 --> 02:32:27,590 existing zoning pattern think you know that NRM U12 and 3123 02:32:27,590 --> 02:32:28,600 that NRMU the way it's 3124 02:32:28,600 --> 02:32:30,889 existing kind of makes sense in this area because there is 3125 02:32:30,889 --> 02:32:31,639 a need for office 3126 02:32:31,639 --> 02:32:35,739 space and we want to ensure that that those that it 3127 02:32:35,739 --> 02:32:37,440 develops in a way that's 3128 02:32:37,440 --> 02:32:42,399 appropriate for the area but but in this situation when it 3129 02:32:42,399 --> 02:32:44,719 's it's so far into the 3130 02:32:44,719 --> 02:32:47,479 neighborhood that's when it becomes problematic that you're 3131 02:32:47,479 --> 02:32:48,079 bringing in that 3132 02:32:48,079 --> 02:32:52,000 office use so so really that was our intent was to just 3133 02:32:52,000 --> 02:32:52,760 hold the line 3134 02:32:52,760 --> 02:32:56,120 maintain and protect that neighborhood against encroachment 3135 02:32:56,120 --> 02:32:56,840 and against the 3136 02:32:56,840 --> 02:33:00,600 nibbling away at the edges to that it's compromised to a 3137 02:33:00,600 --> 02:33:02,000 point where it would 3138 02:33:02,000 --> 02:33:05,219 change the character of the neighborhood and sure if I can 3139 02:33:05,219 --> 02:33:06,000 just add to that 3140 02:33:06,000 --> 02:33:09,780 really quickly I know we reference the development on H 3141 02:33:09,780 --> 02:33:11,520 inkle and University I'm 3142 02:33:11,520 --> 02:33:17,149 looking at the aerial and the the line is straight across 3143 02:33:17,149 --> 02:33:19,040 as far as residential 3144 02:33:19,040 --> 02:33:21,739 versus commercial so as Julie was talking about encro 3145 02:33:21,739 --> 02:33:23,079 achment there is Lee 3146 02:33:23,079 --> 02:33:28,569 there isn't any in this area specifically as we compare it 3147 02:33:28,569 --> 02:33:29,319 to this 3148 02:33:29,319 --> 02:33:31,569 particular one you're talking about like they haven't this 3149 02:33:31,569 --> 02:33:32,000 is more like a 3150 02:33:32,000 --> 02:33:34,719 peninsula in correct okay now that was one of our 3151 02:33:34,719 --> 02:33:35,479 considerations 3152 02:33:35,479 --> 02:33:42,389 thanks so I have two more questions do you know of the 3153 02:33:42,389 --> 02:33:44,639 eight oppositions we 3154 02:33:44,639 --> 02:33:48,059 have four of them are not homeowners their investment 3155 02:33:48,059 --> 02:33:49,079 properties do you know 3156 02:33:49,079 --> 02:33:51,659 of the ones within the 200 foot boundary which one of those 3157 02:33:51,659 --> 02:33:52,319 are those were 3158 02:33:52,319 --> 02:33:54,520 homeowners or investment properties do you know the 3159 02:33:54,520 --> 02:33:56,479 breakdown I don't in terms 3160 02:33:56,479 --> 02:33:59,840 of we sent out you know we send out notifications for 3161 02:33:59,840 --> 02:34:01,239 property owners within 3162 02:34:01,239 --> 02:34:07,430 200 feet and then residents within 500 feet property owners 3163 02:34:07,430 --> 02:34:08,399 are the only ones 3164 02:34:08,399 --> 02:34:12,600 who get that notice that allows them to submit for a 3165 02:34:12,600 --> 02:34:14,520 response now we did we did 3166 02:34:14,520 --> 02:34:18,159 have some response from outside that 200 boundary so they 3167 02:34:18,159 --> 02:34:19,280 got the notice somehow 3168 02:34:19,280 --> 02:34:24,750 but but in terms of who resides in that property I don't 3169 02:34:24,750 --> 02:34:26,200 know what the breakdown 3170 02:34:26,200 --> 02:34:29,219 is is whether they're who's residing there if they're 3171 02:34:29,219 --> 02:34:30,600 homeowners or if 3172 02:34:30,600 --> 02:34:33,440 that's a rental property is that your question did I answer 3173 02:34:33,440 --> 02:34:34,399 it is and I could 3174 02:34:34,399 --> 02:34:37,420 look up the addresses and with that is there follow-up from 3175 02:34:37,420 --> 02:34:38,520 these responses one 3176 02:34:38,520 --> 02:34:40,200 individual said they didn't want to sell the property it 3177 02:34:40,200 --> 02:34:40,879 sounds like they might 3178 02:34:40,879 --> 02:34:45,319 have been confused yeah we sometimes get responses back 3179 02:34:45,319 --> 02:34:46,100 from neighborhood where 3180 02:34:46,100 --> 02:34:49,290 there's some confusion on what the actual request is and so 3181 02:34:49,290 --> 02:34:49,840 yeah did you 3182 02:34:49,840 --> 02:34:52,200 did you follow without I haven't followed up with them now 3183 02:34:52,200 --> 02:34:53,479 so my last 3184 02:34:53,479 --> 02:34:57,879 question is this yes sir on the use case of retail sales 3185 02:34:57,879 --> 02:34:59,000 and service as well as 3186 02:34:59,000 --> 02:35:01,760 professional services and offices on those two uses is 3187 02:35:01,760 --> 02:35:02,760 there hours of 3188 02:35:02,760 --> 02:35:05,680 operation limitations we don't have our we don't have 3189 02:35:05,680 --> 02:35:06,799 limitations on the hours 3190 02:35:06,799 --> 02:35:09,879 of operation what we do have is a limitation on the gross 3191 02:35:09,879 --> 02:35:10,840 square foot per 3192 02:35:10,840 --> 02:35:17,760 lot so each lot I believe that's 5,000 for the retail and 3193 02:35:17,760 --> 02:35:20,000 10,000 for the office 3194 02:35:20,000 --> 02:35:27,000 space thank you per acre per lot per lot and there's three 3195 02:35:27,000 --> 02:35:28,360 lots here well it 3196 02:35:28,360 --> 02:35:34,440 depends on how they end up eventually flat property thank 3197 02:35:34,440 --> 02:35:35,239 you Julie's are my 3198 02:35:35,239 --> 02:35:39,520 questions sure commissioner back thank you chair my 3199 02:35:39,520 --> 02:35:40,959 questions will go back to 3200 02:35:40,959 --> 02:35:43,920 the applicant but as they approach I would just like to 3201 02:35:43,920 --> 02:35:45,040 make comment about 3202 02:35:45,040 --> 02:35:48,879 that 200 foot versus 500 foot those are kind of arbitrary 3203 02:35:48,879 --> 02:35:50,319 limits it's not that 3204 02:35:50,319 --> 02:35:54,200 the people outside the 200 foot within the 500 foot aren't 3205 02:35:54,200 --> 02:35:55,780 impacted negatively 3206 02:35:55,780 --> 02:35:59,030 or positively either way so I just want to you know don't 3207 02:35:59,030 --> 02:36:00,040 want that to be a 3208 02:36:00,040 --> 02:36:03,309 factor thinking it's not important people in the 500 what 3209 02:36:03,309 --> 02:36:04,559 was people beyond 3210 02:36:04,559 --> 02:36:10,120 the 200 foot limit thing now it was mentioned and I admit I 3211 02:36:10,120 --> 02:36:10,899 'm not the expert 3212 02:36:10,899 --> 02:36:13,719 here on what's affordable when you build and what you can 3213 02:36:13,719 --> 02:36:15,239 build there so I defer 3214 02:36:15,239 --> 02:36:19,829 to the developers here but affordable housing as 3215 02:36:19,829 --> 02:36:21,840 Commissioner Ellis pointed 3216 02:36:21,840 --> 02:36:25,620 out is affected when you do encroach and as Julie pointed 3217 02:36:25,620 --> 02:36:27,000 out it nibbles away 3218 02:36:27,000 --> 02:36:29,350 where people tend to sell their property and we lose that 3219 02:36:29,350 --> 02:36:30,280 existing housing there 3220 02:36:30,280 --> 02:36:36,059 but I mean you can build 18 lots 18 dwellings there and 3221 02:36:36,059 --> 02:36:37,280 that includes 3222 02:36:37,280 --> 02:36:41,840 duplexes is that not an affordable development that you 3223 02:36:41,840 --> 02:36:42,440 build and make 3224 02:36:42,440 --> 02:36:45,149 money off of that would benefit that would serve our need 3225 02:36:45,149 --> 02:36:45,959 for affordable 3226 02:36:45,959 --> 02:36:55,930 housing in your opinion with the NRMU 12 on that remaining 3227 02:36:55,930 --> 02:36:57,280 acres there could be 3228 02:36:57,280 --> 02:37:02,959 no with the NR6 the right 18 units where there's not can't 3229 02:37:02,959 --> 02:37:06,559 be 18 duplexes no 3230 02:37:06,559 --> 02:37:10,040 but you're talking about what would people buy they might 3231 02:37:10,040 --> 02:37:10,600 not buy a house 3232 02:37:10,600 --> 02:37:15,850 but you could build duplexes that people could buy and rent 3233 02:37:15,850 --> 02:37:17,040 out as affordable 3234 02:37:17,040 --> 02:37:22,760 housing no am I again not being the expert here is that we 3235 02:37:22,760 --> 02:37:25,840 are seeing more 3236 02:37:25,840 --> 02:37:30,290 rental property coming up in the forms of apartments and du 3237 02:37:30,290 --> 02:37:31,399 plexes in different 3238 02:37:31,399 --> 02:37:35,649 places I would have to refer to someone else as my 3239 02:37:35,649 --> 02:37:37,959 understanding that rental 3240 02:37:37,959 --> 02:37:41,520 property such as duplexes and apartments do more to reduce 3241 02:37:41,520 --> 02:37:42,440 the neighboring 3242 02:37:42,440 --> 02:37:47,540 property values and then apartments I could see I'm not 3243 02:37:47,540 --> 02:37:48,719 sure about duplexes 3244 02:37:48,719 --> 02:37:51,440 especially when you're only talking about a small number we 3245 02:37:51,440 --> 02:37:52,680 were agreeable 3246 02:37:52,680 --> 02:37:55,780 to something it's been months back where we allowed duplex 3247 02:37:55,780 --> 02:37:57,200 es to come in and on a 3248 02:37:57,200 --> 02:38:01,459 corner out on the front right was the gateway to single- 3249 02:38:01,459 --> 02:38:02,520 family I didn't have a 3250 02:38:02,520 --> 02:38:06,520 problem with that so there's there's some limits there that 3251 02:38:06,520 --> 02:38:07,239 could allow that 3252 02:38:07,239 --> 02:38:10,389 the other thing that you made a point of and I don't 3253 02:38:10,389 --> 02:38:12,040 disagree with and it's 3254 02:38:12,040 --> 02:38:15,530 shown in your concept layout is how this can look like it 3255 02:38:15,530 --> 02:38:16,799 can assimilate into 3256 02:38:16,799 --> 02:38:22,190 this neighborhood the only major impact that this 3257 02:38:22,190 --> 02:38:24,040 development have that sets it 3258 02:38:24,040 --> 02:38:27,520 apart from a residential setting is the extra traffic it's 3259 02:38:27,520 --> 02:38:28,600 going to bring in and 3260 02:38:28,600 --> 02:38:32,479 it's it's it's an unstable effect on a neighborhood where 3261 02:38:32,479 --> 02:38:33,399 it's going to be 3262 02:38:33,399 --> 02:38:38,069 people that are never the same so that has several 3263 02:38:38,069 --> 02:38:39,760 different effects on the 3264 02:38:39,760 --> 02:38:44,090 existing neighborhood and I worry about that too but other 3265 02:38:44,090 --> 02:38:45,319 than that again I 3266 02:38:45,319 --> 02:38:50,219 just think you know bottom line is we seem to have still I 3267 02:38:50,219 --> 02:38:51,799 'm not convinced 3268 02:38:51,799 --> 02:38:55,280 that the residents in that area are really for this enough 3269 02:38:55,280 --> 02:38:55,760 that's why I 3270 02:38:55,760 --> 02:38:59,149 would I would probably have less of a problem if you did go 3271 02:38:59,149 --> 02:39:00,159 back and talk to 3272 02:39:00,159 --> 02:39:01,760 them show them what you're going to do and make these 3273 02:39:01,760 --> 02:39:02,600 people feel comfortable 3274 02:39:02,600 --> 02:39:05,690 because this is their home this is where they live but then 3275 02:39:05,690 --> 02:39:07,479 again along the same 3276 02:39:07,479 --> 02:39:11,190 lines that the city's pointing out this is something that 3277 02:39:11,190 --> 02:39:12,639 will diminish that 3278 02:39:12,639 --> 02:39:14,860 neighborhood could diminish that neighborhood over time I 3279 02:39:14,860 --> 02:39:15,399 just never 3280 02:39:15,399 --> 02:39:19,280 went away and so anyway those are my comments thanks a 3281 02:39:19,280 --> 02:39:22,959 question for staff 3282 02:39:25,319 --> 02:39:28,860 Julie on the notification map that we have in our backup it 3283 02:39:28,860 --> 02:39:30,680 doesn't show any 3284 02:39:30,680 --> 02:39:35,270 of these properties whether they're for or against this 3285 02:39:35,270 --> 02:39:37,360 proposal so I did my 3286 02:39:37,360 --> 02:39:41,680 own due diligence while we were listening and our on the 3287 02:39:41,680 --> 02:39:42,959 paperwork that 3288 02:39:42,959 --> 02:39:46,829 you've provided for us here one of the homes is at 1427 3289 02:39:46,829 --> 02:39:48,799 Woodford that home 3290 02:39:48,799 --> 02:39:52,649 actually is the only home that backs or butts this piece of 3291 02:39:52,649 --> 02:39:54,520 property they're in 3292 02:39:54,520 --> 02:40:01,360 favor of this request the other homes that I looked up the 3293 02:40:01,360 --> 02:40:02,280 Hedy Street is a 3294 02:40:02,280 --> 02:40:06,459 street over and I don't know that it's within the 200 the 3295 02:40:06,459 --> 02:40:09,879 other ones at Campbell 3296 02:40:09,879 --> 02:40:13,690 another one at Campbell another one at Campbell those are 3297 02:40:13,690 --> 02:40:14,799 all at the very front 3298 02:40:14,799 --> 02:40:18,639 part that a back that a but to what is already existing the 3299 02:40:18,639 --> 02:40:21,079 NRMU 12 not abutting 3300 02:40:21,079 --> 02:40:24,649 this piece of property so they're already against in NRMU 3301 02:40:24,649 --> 02:40:28,040 12 not against NR6 3302 02:40:28,040 --> 02:40:31,180 and we're changing it so that they would be instead of abut 3303 02:40:31,180 --> 02:40:32,079 ting NR6 they 3304 02:40:32,079 --> 02:40:38,559 would be abutting NRMU 12 they already abut that so I guess 3305 02:40:38,559 --> 02:40:40,959 my point where I'm 3306 02:40:40,959 --> 02:40:44,500 going here is we've had a lot of conversation here so far 3307 02:40:44,500 --> 02:40:45,680 on this item 3308 02:40:45,680 --> 02:40:49,680 about the neighborhood and the neighbors and what their 3309 02:40:49,680 --> 02:40:51,200 thoughts are the one 3310 02:40:51,200 --> 02:40:54,760 neighbor that actually abuts this property is for it the 3311 02:40:54,760 --> 02:40:55,799 other ones that 3312 02:40:55,799 --> 02:40:59,540 are opposed to it are actually already abutting NRMU 12 is 3313 02:40:59,540 --> 02:41:02,440 that correct at 3314 02:41:02,440 --> 02:41:05,200 least that's what it looks like on my starting to Google 3315 02:41:05,200 --> 02:41:06,280 addresses while we're 3316 02:41:06,280 --> 02:41:09,879 up here looking and talking about this I had our GIS do 3317 02:41:09,879 --> 02:41:12,719 this map today based upon 3318 02:41:12,719 --> 02:41:16,319 that the responses we've received and I was looking to see 3319 02:41:16,319 --> 02:41:17,399 I'm showing the one 3320 02:41:17,399 --> 02:41:22,440 on wood Woodford here and I was but I don't have any 3321 02:41:22,440 --> 02:41:24,000 addresses on it so let me 3322 02:41:24,000 --> 02:41:28,959 see if I can the Woodford is in support 1427 Woodford at 3323 02:41:28,959 --> 02:41:30,319 least on this paperwork 3324 02:41:30,319 --> 02:41:33,360 says it's in support 3325 02:41:41,040 --> 02:41:44,959 so I guess more of a housekeeping thing if it's possible as 3326 02:41:44,959 --> 02:41:46,120 we go forward on 3327 02:41:46,120 --> 02:41:50,680 future meetings if we can have these opposition or support 3328 02:41:50,680 --> 02:41:51,959 letters that we 3329 02:41:51,959 --> 02:41:55,659 can get a better idea of where are they and are they within 3330 02:41:55,659 --> 02:41:56,440 the area are they 3331 02:41:56,440 --> 02:41:59,719 halfway across town or where are we so we have a little 3332 02:41:59,719 --> 02:42:01,040 more perspective as 3333 02:42:01,040 --> 02:42:04,860 commissioners as to who's in support who's opposed and 3334 02:42:04,860 --> 02:42:05,899 where are they in 3335 02:42:05,899 --> 02:42:08,629 relation to the property I think it'd be advantageous for 3336 02:42:08,629 --> 02:42:09,840 all of us up here 3337 02:42:09,840 --> 02:42:15,409 yeah I apologize my map doesn't have the addresses on it so 3338 02:42:15,409 --> 02:42:16,600 I see what you're 3339 02:42:16,600 --> 02:42:18,969 saying on the Woodford and I just have to check with our 3340 02:42:18,969 --> 02:42:21,399 GIS department okay 3341 02:42:21,399 --> 02:42:24,649 well I want to just clarify that because in our backup it 3342 02:42:24,649 --> 02:42:25,680 doesn't have anything 3343 02:42:25,680 --> 02:42:29,370 but we've got a whole stack and when you look at them I 3344 02:42:29,370 --> 02:42:31,079 think the one that's in 3345 02:42:31,079 --> 02:42:34,049 support is the one actually backs the property so thank you 3346 02:42:34,049 --> 02:42:35,159 for clarification 3347 02:42:35,159 --> 02:42:42,280 Commissioner Sullivan thank you on the concept that was up 3348 02:42:42,280 --> 02:42:43,780 there are y'all 3349 02:42:43,780 --> 02:42:49,860 proposed proposing just one entrance and exit onto McKinney 3350 02:42:49,860 --> 02:42:51,159 Street onto McKinney 3351 02:42:51,159 --> 02:42:53,959 Street yes sir there's only one entrance on McKinney Street 3352 02:42:53,959 --> 02:42:54,680 McKinney Street being 3353 02:42:54,680 --> 02:42:58,360 an arterial I'm sorry a collector 3354 02:43:00,360 --> 02:43:05,079 minor arterial we are proposing but we're having to beg for 3355 02:43:05,079 --> 02:43:06,520 it TIA is another 3356 02:43:06,520 --> 02:43:09,360 information with staff to get permission to have that on 3357 02:43:09,360 --> 02:43:11,799 McKinney otherwise 3358 02:43:11,799 --> 02:43:17,479 currently staff well until they finish reviewing our TIA 3359 02:43:17,479 --> 02:43:18,920 staff is only one is 3360 02:43:18,920 --> 02:43:23,840 to have two entries off of Jamie Street and from McKinney 3361 02:43:23,840 --> 02:43:25,280 and in your 3362 02:43:25,280 --> 02:43:28,500 wildest imaginations it becomes more successful than you 3363 02:43:28,500 --> 02:43:29,639 could ever hope for 3364 02:43:29,639 --> 02:43:33,959 how many parking spaces and how many people are going to be 3365 02:43:33,959 --> 02:43:35,200 going into that 3366 02:43:35,200 --> 02:43:42,399 space on any given day I can't answer that at this moment 3367 02:43:42,399 --> 02:43:43,079 and we haven't gone 3368 02:43:43,079 --> 02:43:48,100 to that level of study you know we've done that concept lay 3369 02:43:48,100 --> 02:43:48,959 out I can't get 3370 02:43:48,959 --> 02:43:52,399 back to it real quick 3371 02:43:59,639 --> 02:44:09,000 there it is that shows the the one driveway off of McKinney 3372 02:44:09,000 --> 02:44:09,840 one off of 3373 02:44:09,840 --> 02:44:12,340 McKinney that we're we've submitted to the city and trying 3374 02:44:12,340 --> 02:44:13,200 to get permission 3375 02:44:13,200 --> 02:44:17,479 to have and then it shows the two off Jamie Street that is 3376 02:44:17,479 --> 02:44:18,719 proportional 3377 02:44:18,719 --> 02:44:22,399 regarding the number of parking spaces and buildings we did 3378 02:44:22,399 --> 02:44:25,200 look at the sizes 3379 02:44:26,040 --> 02:44:30,909 gosh what a hundred and fifty two okay so so the two looks 3380 02:44:30,909 --> 02:44:32,760 like parking lots I 3381 02:44:32,760 --> 02:44:37,469 guess right those two spaces on Jamie or those are entrants 3382 02:44:37,469 --> 02:44:38,719 and exits yeah it's 3383 02:44:38,719 --> 02:44:42,149 not it's not shown that way in our or I can't see it in 3384 02:44:42,149 --> 02:44:44,440 that drawing but okay so 3385 02:44:44,440 --> 02:44:48,540 and so so what's your your preference would be one off of 3386 02:44:48,540 --> 02:44:49,360 McKinney and to 3387 02:44:49,360 --> 02:44:52,659 Jamie is that yes and that's what you're looking for and 3388 02:44:52,659 --> 02:44:54,920 meet the requirements we 3389 02:44:54,920 --> 02:44:59,629 could possibly eliminate the northern one to Jamie I would 3390 02:44:59,629 --> 02:45:01,159 like to point out 3391 02:45:01,159 --> 02:45:05,260 to we're just zoning an additional three acres to the NR me 3392 02:45:05,260 --> 02:45:06,600 12 so all that 3393 02:45:06,600 --> 02:45:09,760 other is gonna happen understand understand I would just 3394 02:45:09,760 --> 02:45:10,719 look at them 3395 02:45:10,719 --> 02:45:14,729 or number of parking spaces and I just saw the one entrance 3396 02:45:14,729 --> 02:45:15,799 and exit off of 3397 02:45:15,799 --> 02:45:19,340 McKinney I didn't realize there were two more on Jamie so 3398 02:45:19,340 --> 02:45:20,319 okay thank you 3399 02:45:20,319 --> 02:45:24,600 Commissioner Ellis thank you chair I just wanted to clarify 3400 02:45:24,600 --> 02:45:26,559 the Woodford in 3401 02:45:26,559 --> 02:45:30,840 favor of request that's a non owner occupant that homeowner 3402 02:45:30,840 --> 02:45:31,239 lives in 3403 02:45:31,239 --> 02:45:34,489 Lantana that property owner lives in Lantana that's a 3404 02:45:34,489 --> 02:45:39,000 rental property the 3405 02:45:39,000 --> 02:45:44,760 rental property the Woodford property who said is in favor 3406 02:45:44,760 --> 02:45:46,639 of requests yes but 3407 02:45:46,639 --> 02:45:51,030 that is a non owner occupant the person who owns that lives 3408 02:45:51,030 --> 02:45:52,440 in Lantana so that's 3409 02:45:52,440 --> 02:45:56,440 a tenant in that it's not property owner who's in favor of 3410 02:45:56,440 --> 02:45:57,120 it but it's an 3411 02:45:57,120 --> 02:46:02,319 investor okay okay so the actual property owners in favor 3412 02:46:02,319 --> 02:46:04,559 of it correct 3413 02:46:04,559 --> 02:46:11,360 okay thank you for the clarification Commissioner Sanchez 3414 02:46:14,159 --> 02:46:16,920 I just have one question when you had your your 3415 02:46:16,920 --> 02:46:18,840 neighborhood meeting what kind 3416 02:46:18,840 --> 02:46:23,030 of attendants did you get did you get quite a few people 3417 02:46:23,030 --> 02:46:24,040 from the neighborhood 3418 02:46:24,040 --> 02:46:29,159 or was just one or two if I remember correctly about 30 3419 02:46:29,159 --> 02:46:31,879 that's I'm gonna air 3420 02:46:31,879 --> 02:46:37,190 towards 20 just conservative so you think you got a pretty 3421 02:46:37,190 --> 02:46:38,280 good response is 3422 02:46:38,280 --> 02:46:40,620 that considered a good response from a neighborhood when 3423 02:46:40,620 --> 02:46:41,959 you do work like that I 3424 02:46:41,959 --> 02:46:47,379 don't know I've had responses anywhere from zero to 400 3425 02:46:47,379 --> 02:46:49,360 like that but I think 3426 02:46:49,360 --> 02:46:52,420 that's a pretty good I would think that you know 20 to 30 3427 02:46:52,420 --> 02:46:53,799 would seem a pretty 3428 02:46:53,799 --> 02:46:56,969 good response and even though we had sign-in sheets we didn 3429 02:46:56,969 --> 02:46:57,680 't go back to 3430 02:46:57,680 --> 02:47:00,319 look at their addresses I don't know if they were from 3431 02:47:00,319 --> 02:47:01,799 right next door or if 3432 02:47:01,799 --> 02:47:09,250 they were across town okay Commissioner back thanks chair 3433 02:47:09,250 --> 02:47:09,799 one quick question 3434 02:47:09,799 --> 02:47:15,270 for thanks Lee thank you Julie mentioned and did I hear 3435 02:47:15,270 --> 02:47:16,239 wrong that when the 3436 02:47:16,239 --> 02:47:19,250 notifications went out they went to property owners only I 3437 02:47:19,250 --> 02:47:20,600 'm sorry say again 3438 02:47:20,600 --> 02:47:23,129 I thought I heard you say a while ago when notifications 3439 02:47:23,129 --> 02:47:24,159 went out they went to 3440 02:47:24,159 --> 02:47:27,569 property owners only property owners within 200 feet and 3441 02:47:27,569 --> 02:47:29,000 residents within 500 3442 02:47:29,000 --> 02:47:34,510 okay but I thought the new change would we'd be sending it 3443 02:47:34,510 --> 02:47:36,520 to property owners 3444 02:47:36,520 --> 02:47:40,530 wherever they live one lives in Lantana but that all the 3445 02:47:40,530 --> 02:47:42,040 houses in that area 3446 02:47:42,040 --> 02:47:46,000 would get one and that means that if they were property 3447 02:47:46,000 --> 02:47:47,079 owner good if they 3448 02:47:47,079 --> 02:47:49,930 weren't probably they'd still get that notification you do 3449 02:47:49,930 --> 02:47:50,760 get a notification 3450 02:47:50,760 --> 02:47:54,530 as a resident you get a different and Ron may may correct 3451 02:47:54,530 --> 02:47:55,360 me on this because 3452 02:47:55,360 --> 02:47:58,250 there's been some changes but how this was noticed and how 3453 02:47:58,250 --> 02:47:59,159 we've typically 3454 02:47:59,159 --> 02:48:03,479 noticed based upon direction is a postcard to residents 3455 02:48:03,479 --> 02:48:05,079 okay and then a 3456 02:48:05,079 --> 02:48:09,959 letter to property owners the letter that property owners 3457 02:48:09,959 --> 02:48:11,520 get is this okay and 3458 02:48:11,520 --> 02:48:14,610 then the and then residents get that postcard to notify 3459 02:48:14,610 --> 02:48:15,680 them of the case okay 3460 02:48:15,680 --> 02:48:18,159 that's my concern not so much what it looks like but that 3461 02:48:18,159 --> 02:48:19,520 everybody that lives 3462 02:48:19,520 --> 02:48:22,600 within that 200 feet whether they're on a house or not we 3463 02:48:22,600 --> 02:48:23,440 'll get some kind of 3464 02:48:23,440 --> 02:48:26,950 notification from the 500 feet for residents and up to 500 3465 02:48:26,950 --> 02:48:27,959 feet - yes okay 3466 02:48:27,959 --> 02:48:31,950 great great thank you Commissioner Smith thank you chair mr 3467 02:48:31,950 --> 02:48:32,799 . Allison the 3468 02:48:32,799 --> 02:48:36,559 invitation to everyone to come to the community meeting how 3469 02:48:36,559 --> 02:48:38,159 the process of 3470 02:48:38,159 --> 02:48:41,379 inviting folks out there was that just a blanket postcard 3471 02:48:41,379 --> 02:48:42,760 was there a 200 foot 3472 02:48:42,760 --> 02:48:45,520 500 foot what was the what was the thought process on that 3473 02:48:45,520 --> 02:48:46,600 we contact the 3474 02:48:46,600 --> 02:48:50,440 city of Denton obtained the mailing list for property 3475 02:48:50,440 --> 02:48:52,299 owners and for residents 3476 02:48:52,299 --> 02:48:57,600 within 500 feet we send out a one-page flyer with a map 3477 02:48:57,600 --> 02:48:59,159 description of the 3478 02:48:59,159 --> 02:49:02,129 project and what's about to occur what we're considering 3479 02:49:02,129 --> 02:49:03,000 and where we're 3480 02:49:03,000 --> 02:49:07,700 meeting great awesome thank you okay this is a public 3481 02:49:07,700 --> 02:49:09,719 hearing I have two 3482 02:49:09,719 --> 02:49:14,879 other cards requesting to speak first will be Greg Johnson 3483 02:49:14,879 --> 02:49:20,479 in support thank 3484 02:49:20,479 --> 02:49:22,559 you mr. chairman for my time starts 3485 02:49:29,159 --> 02:49:31,159 Matt 3486 02:49:39,959 --> 02:49:43,430 my name is Greg Johnson 319 West Oak Street here in Denton 3487 02:49:43,430 --> 02:49:46,479 and a couple 3488 02:49:46,479 --> 02:49:49,760 comments first one I love Julie Julie is awesome we love 3489 02:49:49,760 --> 02:49:51,399 working with her Julie 3490 02:49:51,399 --> 02:49:54,409 and I unlike some people in this country can civilly 3491 02:49:54,409 --> 02:49:55,739 disagree and I'm gonna do 3492 02:49:55,739 --> 02:50:00,299 that tonight what a dream applicant I've sat up there for 3493 02:50:00,299 --> 02:50:01,079 many nights and I don't 3494 02:50:01,079 --> 02:50:03,170 recall ever seeing an applicant who would come up and 3495 02:50:03,170 --> 02:50:04,159 expose and impose all 3496 02:50:04,159 --> 02:50:08,360 of these restrictions on themselves which proves which is 3497 02:50:08,360 --> 02:50:09,440 not always the 3498 02:50:09,440 --> 02:50:15,590 case he really intends to build office the current zoning 3499 02:50:15,590 --> 02:50:16,520 that is on the 3500 02:50:16,520 --> 02:50:19,350 property today I actually voted to approve and I remember 3501 02:50:19,350 --> 02:50:19,879 sitting right 3502 02:50:19,879 --> 02:50:23,159 there saying why in the heck are they proposing it this way 3503 02:50:23,159 --> 02:50:24,200 these three 3504 02:50:24,200 --> 02:50:27,200 different zoning's on one parcel it made no sense to me 3505 02:50:27,200 --> 02:50:28,479 when I looked at this 3506 02:50:28,479 --> 02:50:31,600 jagged line and the deal across the back what was proposed 3507 02:50:31,600 --> 02:50:33,159 I knew the day I looked 3508 02:50:33,159 --> 02:50:36,379 at it it would never work mathematically and so 3509 02:50:36,379 --> 02:50:37,520 Commissioner Beck to your point 3510 02:50:37,520 --> 02:50:40,250 you're so right we need more affordable housing the 3511 02:50:40,250 --> 02:50:42,239 challenge with dropping in 3512 02:50:42,239 --> 02:50:45,079 18 you couldn't fit 18 lots anyway because you have the 3513 02:50:45,079 --> 02:50:45,760 street in the 3514 02:50:45,760 --> 02:50:47,700 middle but whatever number of lots you could fit by the 3515 02:50:47,700 --> 02:50:48,399 time you pay for a 3516 02:50:48,399 --> 02:50:52,170 public street to our city specs all the utilities the cost 3517 02:50:52,170 --> 02:50:53,000 of a lot would be 3518 02:50:53,000 --> 02:50:55,760 more than half the house so the math just doesn't work 3519 02:50:55,760 --> 02:50:56,559 which is why it didn't 3520 02:50:56,559 --> 02:51:00,370 happen and the truth of the matter is now I know why it was 3521 02:51:00,370 --> 02:51:01,239 proposed that way 3522 02:51:01,239 --> 02:51:04,469 I think if it would have been proposed in our NU 12 in the 3523 02:51:04,469 --> 02:51:05,399 back it would have 3524 02:51:05,399 --> 02:51:09,020 passed mr. Gene Hartman owns this property he's been saving 3525 02:51:09,020 --> 02:51:09,600 this property 3526 02:51:09,600 --> 02:51:12,020 for many many years he wanted something great to happen 3527 02:51:12,020 --> 02:51:13,200 with it and frankly he 3528 02:51:13,200 --> 02:51:16,360 just had bad advice he had somebody advising him on what 3529 02:51:16,360 --> 02:51:16,879 they thought they 3530 02:51:16,879 --> 02:51:19,239 could do with the property they wanted to buy it and what 3531 02:51:19,239 --> 02:51:20,280 was proposed would 3532 02:51:20,280 --> 02:51:24,819 never work a couple of points there are properties all over 3533 02:51:24,819 --> 02:51:26,200 this city larger 3534 02:51:26,200 --> 02:51:30,299 than this one up against and into neighborhoods that are z 3535 02:51:30,299 --> 02:51:31,079 oned in our MU 3536 02:51:31,079 --> 02:51:35,030 12 in our M use neighborhood residential mixed use as you 3537 02:51:35,030 --> 02:51:36,280 know it's made to 3538 02:51:36,280 --> 02:51:38,690 provide those uses that serve the neighborhoods daycare 3539 02:51:38,690 --> 02:51:39,440 centers offices 3540 02:51:39,440 --> 02:51:45,520 etc the reason I wanted to pull this up is so here is here 3541 02:51:45,520 --> 02:51:47,440 's the houses we're 3542 02:51:47,440 --> 02:51:51,479 talking about being affected okay well really these about 3543 02:51:51,479 --> 02:51:53,840 the property these 3544 02:51:53,840 --> 02:51:57,209 for you know it was okay for NRM you for these to be up 3545 02:51:57,209 --> 02:51:58,399 against it these are 3546 02:51:58,399 --> 02:52:01,170 houses in the neighborhood these people over here back up 3547 02:52:01,170 --> 02:52:02,600 to a huge box that is 3548 02:52:02,600 --> 02:52:04,739 the county government office that used to be a grocery 3549 02:52:04,739 --> 02:52:06,600 store these houses over 3550 02:52:06,600 --> 02:52:09,110 here back up to the parking lot for the courthouse which is 3551 02:52:09,110 --> 02:52:09,760 a heck of a lot 3552 02:52:09,760 --> 02:52:15,840 taller than a single family or a single-story office and so 3553 02:52:15,840 --> 02:52:17,040 while I love 3554 02:52:17,040 --> 02:52:21,920 Julie the bubble plan the 2030 plan is a bubble plan it 3555 02:52:21,920 --> 02:52:23,360 doesn't get down to exact 3556 02:52:23,360 --> 02:52:26,149 property lines and so you know to say that this property 3557 02:52:26,149 --> 02:52:27,280 isn't compatible with 3558 02:52:27,280 --> 02:52:32,079 the future land use I'm not so sure but but our planning 3559 02:52:32,079 --> 02:52:33,440 staff has said for 3560 02:52:33,440 --> 02:52:38,100 years that offices are the most compatible buffer use 3561 02:52:38,100 --> 02:52:39,319 between single 3562 02:52:39,319 --> 02:52:42,680 family residential and retail commercial uses and that's 3563 02:52:42,680 --> 02:52:44,000 what is being proposed 3564 02:52:44,000 --> 02:52:49,719 here so I find it odd that that office is okay for these 3565 02:52:49,719 --> 02:52:51,319 guys to back up to but 3566 02:52:51,319 --> 02:52:54,079 office isn't okay for these guys to back up to it doesn't 3567 02:52:54,079 --> 02:52:56,000 it doesn't jive for me 3568 02:52:56,000 --> 02:53:00,549 there are tracks all over our city like this one and larger 3569 02:53:00,549 --> 02:53:01,440 that are zoned in 3570 02:53:01,440 --> 02:53:04,350 our MU 12 with houses backed up to it we have Kroger 3571 02:53:04,350 --> 02:53:05,840 shopping centers that back 3572 02:53:05,840 --> 02:53:11,149 up to houses we have self storage that backs up to houses 3573 02:53:11,149 --> 02:53:12,520 what I have always 3574 02:53:12,520 --> 02:53:16,069 liked about putting office next to residential is that 3575 02:53:16,069 --> 02:53:17,360 office people come 3576 02:53:17,360 --> 02:53:20,719 to work when the residents left and went to work and the 3577 02:53:20,719 --> 02:53:22,600 office people leave and 3578 02:53:22,600 --> 02:53:25,840 go home when these people come home and so these offices 3579 02:53:25,840 --> 02:53:27,280 aren't being used when 3580 02:53:27,280 --> 02:53:30,379 the homeowners are home but what do office people do they 3581 02:53:30,379 --> 02:53:31,319 drive up they get 3582 02:53:31,319 --> 02:53:33,280 out they go in their office they work all day and they 3583 02:53:33,280 --> 02:53:34,079 leave it's not like a 3584 02:53:34,079 --> 02:53:37,440 donut shop or dry cleaners and these sort of things which 3585 02:53:37,440 --> 02:53:38,479 by the way we have 3586 02:53:38,479 --> 02:53:40,969 dry cleaners and donut shops that back right up to single- 3587 02:53:40,969 --> 02:53:41,920 family residential 3588 02:53:41,920 --> 02:53:44,709 that we've approved for years and so I think it's just a 3589 02:53:44,709 --> 02:53:45,159 bit of a 3590 02:53:45,159 --> 02:53:49,120 mischaracterization to say that the back of this property 3591 02:53:49,120 --> 02:53:50,959 shouldn't allow for 3592 02:53:50,959 --> 02:53:54,430 office so I would respectfully press request that you 3593 02:53:54,430 --> 02:53:55,319 approve this 3594 02:53:55,319 --> 02:53:57,940 application and recommend approval of the council a couple 3595 02:53:57,940 --> 02:53:58,799 questions for you 3596 02:53:58,799 --> 02:54:02,709 Commissioner back thank you chair thank you Greg for 3597 02:54:02,709 --> 02:54:05,239 enlightening me I mean that 3598 02:54:05,239 --> 02:54:08,950 see I have some insights there that I haven't picked up on 3599 02:54:08,950 --> 02:54:09,879 but nobody's 3600 02:54:09,879 --> 02:54:14,440 really disputing the benefit of commercial areas next to 3601 02:54:14,440 --> 02:54:15,079 neighborhoods 3602 02:54:15,079 --> 02:54:18,389 when you look at this configuration there the depth of this 3603 02:54:18,389 --> 02:54:19,440 thing going into 3604 02:54:19,440 --> 02:54:21,989 that neighborhood is what's a little disturbing and I can't 3605 02:54:21,989 --> 02:54:23,200 help but feel you 3606 02:54:23,200 --> 02:54:26,559 know again that the argument that it will pick away at this 3607 02:54:26,559 --> 02:54:27,600 neighborhood is 3608 02:54:27,600 --> 02:54:31,110 other property owners sell those houses that are affordable 3609 02:54:31,110 --> 02:54:32,159 now and we lose that 3610 02:54:32,159 --> 02:54:35,879 all these areas that are non-residential now probably at 3611 02:54:35,879 --> 02:54:37,040 one time I'm sure were 3612 02:54:37,040 --> 02:54:41,979 residential and just slowly diminished over time so it's 3613 02:54:41,979 --> 02:54:44,000 not that I or anybody 3614 02:54:44,000 --> 02:54:47,209 else is opposed to commercial around a neighborhood area 3615 02:54:47,209 --> 02:54:48,799 and up against it but 3616 02:54:48,799 --> 02:54:52,639 this configuration here is is beyond you know just simple 3617 02:54:52,639 --> 02:54:55,399 next to it's deep into 3618 02:54:55,399 --> 02:54:59,090 the neighborhood itself so sure and I would offer that 3619 02:54:59,090 --> 02:55:00,120 maybe you look at if 3620 02:55:00,120 --> 02:55:02,729 you know we're dr. co everybody knows dr. Cobos I think F 3621 02:55:02,729 --> 02:55:04,280 ulton Street very 3622 02:55:04,280 --> 02:55:09,549 similar project it's a office complex on Fulton Street back 3623 02:55:09,549 --> 02:55:10,360 off of the 3624 02:55:10,360 --> 02:55:14,760 University Drive you got a residential all around it right 3625 02:55:14,760 --> 02:55:15,680 it's a very garden 3626 02:55:15,680 --> 02:55:18,770 office setting single-story to try their christen been 3627 02:55:18,770 --> 02:55:20,319 there forever to try to 3628 02:55:20,319 --> 02:55:24,520 off-crescent no I think maybe I can't remember what that 3629 02:55:24,520 --> 02:55:25,360 other side street is 3630 02:55:25,360 --> 02:55:28,399 but but you know it's right there off of Fulton Street 3631 02:55:28,399 --> 02:55:29,319 neighborhood surrounding 3632 02:55:29,319 --> 02:55:32,540 it and so I agree with what you're saying which is this is 3633 02:55:32,540 --> 02:55:33,879 an odd-shaped lot 3634 02:55:33,879 --> 02:55:39,930 okay the but you could certainly go build you could build 3635 02:55:39,930 --> 02:55:40,559 there's all kinds 3636 02:55:40,559 --> 02:55:43,559 of things you could build an nr6 that some neighbors might 3637 02:55:43,559 --> 02:55:44,360 say that seems a 3638 02:55:44,360 --> 02:55:48,469 little too dense to me and so you know to me again I just 3639 02:55:48,469 --> 02:55:50,600 think about if I if I 3640 02:55:50,600 --> 02:55:53,959 look at these why are these lots any different than these 3641 02:55:53,959 --> 02:55:56,000 lots and and and 3642 02:55:56,000 --> 02:55:59,930 and the other benefit that I see is well the city hasn't 3643 02:55:59,930 --> 02:56:01,440 chosen to go improve 3644 02:56:01,440 --> 02:56:05,690 Janey Street which is deplorable this project it would 3645 02:56:05,690 --> 02:56:07,440 force them to go build 3646 02:56:07,440 --> 02:56:10,540 a new street to new city specs which is going to provide 3647 02:56:10,540 --> 02:56:11,799 those residents a much 3648 02:56:11,799 --> 02:56:15,639 better access into their neighborhood 3649 02:56:17,120 --> 02:56:20,399 Commissioner else thank you Jim thank you mr. Johnson for 3650 02:56:20,399 --> 02:56:22,120 speaking don't you 3651 02:56:22,120 --> 02:56:24,770 think the house is on Janey Street will be negatively 3652 02:56:24,770 --> 02:56:26,280 affected they are directly 3653 02:56:26,280 --> 02:56:30,270 across the street staring at this plot of land you didn't 3654 02:56:30,270 --> 02:56:31,799 mention those when you 3655 02:56:31,799 --> 02:56:34,610 were pointing out around there yeah so so well you know 3656 02:56:34,610 --> 02:56:36,319 typically those who 3657 02:56:36,319 --> 02:56:39,379 back up is who you know folks are most concerned about you 3658 02:56:39,379 --> 02:56:40,399 know these over here 3659 02:56:40,399 --> 02:56:44,360 across the street again you've got you've got single-family 3660 02:56:44,360 --> 02:56:44,959 residential 3661 02:56:44,959 --> 02:56:48,610 across the street from office all over this this town and 3662 02:56:48,610 --> 02:56:49,840 so it's typically 3663 02:56:49,840 --> 02:56:53,479 when you have a street separating the front of a house you 3664 02:56:53,479 --> 02:56:54,680 've got your your 3665 02:56:54,680 --> 02:56:57,309 site your front yard setback and you got a setback on the 3666 02:56:57,309 --> 02:56:58,639 other side a screen 3667 02:56:58,639 --> 02:57:02,780 wall this is not uncommon to see about the city no I just 3668 02:57:02,780 --> 02:57:03,639 think I mean I think 3669 02:57:03,639 --> 02:57:06,389 the biggest issue here is the configuration of this land we 3670 02:57:06,389 --> 02:57:06,680 keep 3671 02:57:06,680 --> 02:57:09,930 talking about how we have commercial abutting neighborhoods 3672 02:57:09,930 --> 02:57:10,799 yeah all over the 3673 02:57:10,799 --> 02:57:15,120 place they're usually a horizontal plot of land and not 3674 02:57:15,120 --> 02:57:16,680 this vertical vertical 3675 02:57:16,680 --> 02:57:20,370 piece that cuts right into the subdivision and so in 3676 02:57:20,370 --> 02:57:21,639 driving this you 3677 02:57:21,639 --> 02:57:24,590 know when you go down Janney Street and you get to this 3678 02:57:24,590 --> 02:57:26,040 part of the lot I mean 3679 02:57:26,040 --> 02:57:29,670 all that's staring at you all around you are residential 3680 02:57:29,670 --> 02:57:31,959 homes so it's that's 3681 02:57:31,959 --> 02:57:35,809 that's the big difficulty and I'm sure that's where staff 3682 02:57:35,809 --> 02:57:37,000 was was as well in 3683 02:57:37,000 --> 02:57:42,030 denying this is is you're cutting deep into a subdivision 3684 02:57:42,030 --> 02:57:43,600 not not across the 3685 02:57:43,600 --> 02:57:46,379 subdivision where you're just cutting this straight line on 3686 02:57:46,379 --> 02:57:46,959 a handful of 3687 02:57:46,959 --> 02:57:50,370 houses but you're literally going into the neighborhood 3688 02:57:50,370 --> 02:57:51,200 yeah and actually I 3689 02:57:51,200 --> 02:57:54,319 would agree with you if you were talking about a two-story 3690 02:57:54,319 --> 02:57:55,719 anything apartments 3691 02:57:55,719 --> 02:57:58,120 you can build two-story duplexes right here you can go 40 3692 02:57:58,120 --> 02:58:00,559 feet by right and so 3693 02:58:00,559 --> 02:58:03,860 when I think about the use I think all these restrictions 3694 02:58:03,860 --> 02:58:05,200 the applicant has put 3695 02:58:05,200 --> 02:58:08,440 imposed upon themselves it's a very residential looking 3696 02:58:08,440 --> 02:58:10,239 product and so when 3697 02:58:10,239 --> 02:58:13,159 I think about what's the resident going to be looking at 3698 02:58:13,159 --> 02:58:13,940 well they could be 3699 02:58:13,940 --> 02:58:16,520 looking at a two-story something across the street and we 3700 02:58:16,520 --> 02:58:17,200 have a lot of 3701 02:58:17,200 --> 02:58:19,450 neighborhoods that have apartments that cut up into the 3702 02:58:19,450 --> 02:58:20,399 neighborhood that are 3703 02:58:20,399 --> 02:58:23,899 two stories and we wouldn't do that today we'd make them 3704 02:58:23,899 --> 02:58:24,600 have a setback 3705 02:58:24,600 --> 02:58:26,750 where they couldn't look down into somebody's house but 3706 02:58:26,750 --> 02:58:27,639 they're there and 3707 02:58:27,639 --> 02:58:32,579 and so again with him agreeing to single story with the 40% 3708 02:58:32,579 --> 02:58:34,319 landscaping I think 3709 02:58:34,319 --> 02:58:37,489 it's a great use because the reality is that 3.2 acres will 3710 02:58:37,489 --> 02:58:38,600 never develop for 3711 02:58:38,600 --> 02:58:44,399 single-family the math doesn't work thanks for asking I had 3712 02:58:44,399 --> 02:58:45,520 a question for 3713 02:58:45,520 --> 02:58:50,829 you I agree with what you're saying I also remember when 3714 02:58:50,829 --> 02:58:51,520 this track came 3715 02:58:51,520 --> 02:58:56,129 before us a number of years ago and it hasn't developed and 3716 02:58:56,129 --> 02:58:57,360 so to your point 3717 02:58:57,360 --> 02:59:01,000 the plan doesn't work it it was going to work it would have 3718 02:59:01,000 --> 02:59:01,799 already worked I 3719 02:59:01,799 --> 02:59:05,629 think one of the other issues that I would bring up or just 3720 02:59:05,629 --> 02:59:06,920 an observation is 3721 02:59:06,920 --> 02:59:09,750 I can't remember exactly when the courthouse was built 3722 02:59:09,750 --> 02:59:13,000 there it's been I 3723 02:59:13,000 --> 02:59:17,459 was gonna say I was gonna guess 20 years so it's been there 3724 02:59:17,459 --> 02:59:19,680 20 years and that 3725 02:59:19,680 --> 02:59:22,989 piece of property has been vacant for 20 years and we're 3726 02:59:22,989 --> 02:59:24,399 talking about chipping 3727 02:59:24,399 --> 02:59:28,649 away at the neighborhood if there was such a huge demand 3728 02:59:28,649 --> 02:59:30,000 and that this was 3729 02:59:30,000 --> 02:59:32,190 going to be developed overnight and then the neighborhoods 3730 02:59:32,190 --> 02:59:33,100 going to be raised it 3731 02:59:33,100 --> 02:59:35,469 would have happened a long time ago we're talking about a 3732 02:59:35,469 --> 02:59:36,399 parcel that's been 3733 02:59:36,399 --> 02:59:39,489 vacant never been developed it's been right across the cour 3734 02:59:39,489 --> 02:59:40,280 thouse for 20 3735 02:59:40,280 --> 02:59:45,110 years my guess is it'll be quite some time before this is 3736 02:59:45,110 --> 02:59:46,159 built out before 3737 02:59:46,159 --> 02:59:48,500 there's ever going to be demand to try to go and take any 3738 02:59:48,500 --> 02:59:49,559 of these other homes 3739 02:59:49,559 --> 02:59:53,659 and so the reality is there's a vacant piece of property it 3740 02:59:53,659 --> 02:59:55,120 's been zoned before 3741 02:59:55,120 --> 03:00:00,340 it didn't work and we have an opportunity tonight to take a 3742 03:00:00,340 --> 03:00:00,680 look at 3743 03:00:00,680 --> 03:00:05,000 someone else this idea and vision for this tract to see it 3744 03:00:05,000 --> 03:00:06,319 actually move in to 3745 03:00:06,319 --> 03:00:09,989 be developed and become productive versus I believe it's 3746 03:00:09,989 --> 03:00:11,120 had cows on it for 3747 03:00:11,120 --> 03:00:15,690 many years may not anymore but I know it has so I'm looking 3748 03:00:15,690 --> 03:00:16,799 forward to getting to 3749 03:00:16,799 --> 03:00:19,639 vote on that this evening and if you have any comments I'd 3750 03:00:19,639 --> 03:00:20,559 welcome those yeah 3751 03:00:20,559 --> 03:00:23,590 I just want to Mr. Dodson's horn for a second because he 3752 03:00:23,590 --> 03:00:24,559 has set with us we 3753 03:00:24,559 --> 03:00:28,229 represent mr. Hartman he owns the land mr. Jean is a icon 3754 03:00:28,229 --> 03:00:29,159 in our community 3755 03:00:29,159 --> 03:00:32,059 even cutting hair at the campus barbershop for I won't say 3756 03:00:32,059 --> 03:00:32,959 how long mr. 3757 03:00:32,959 --> 03:00:36,430 Jean but he came to us with this property and said what do 3758 03:00:36,430 --> 03:00:37,159 I do this guy 3759 03:00:37,159 --> 03:00:40,780 gave me a story he was going to buy it he was going to do 3760 03:00:40,780 --> 03:00:41,799 this thing it never 3761 03:00:41,799 --> 03:00:46,600 worked it never happened what do I do and and we sold the 3762 03:00:46,600 --> 03:00:47,879 we represented the 3763 03:00:47,879 --> 03:00:50,219 seller selling the law building to the county and as you 3764 03:00:50,219 --> 03:00:51,159 guys probably know the 3765 03:00:51,159 --> 03:00:53,569 county is buying everything on that side and when the 3766 03:00:53,569 --> 03:00:54,799 county comes says I'd like 3767 03:00:54,799 --> 03:00:57,690 to buy your property you can't sell it because they can get 3768 03:00:57,690 --> 03:01:00,319 it later anyway but 3769 03:01:00,319 --> 03:01:03,340 but mr. Dodson came to us and he said you know I want to do 3770 03:01:03,340 --> 03:01:04,840 something first 3771 03:01:04,840 --> 03:01:07,979 class and I want to create an office space and if you've 3772 03:01:07,979 --> 03:01:08,959 ever been on jury 3773 03:01:08,959 --> 03:01:11,020 duty and you want something to eat you got to go to Luke 28 3774 03:01:11,020 --> 03:01:11,719 8 you got to come 3775 03:01:11,719 --> 03:01:14,280 all the way downtown you have an hour and so he said I want 3776 03:01:14,280 --> 03:01:14,879 to provide 3777 03:01:14,879 --> 03:01:16,659 something for jurors where they can walk across the street 3778 03:01:16,659 --> 03:01:17,440 and grab something to eat 3779 03:01:17,440 --> 03:01:20,000 there was some comments earlier about bail bonds or 3780 03:01:20,000 --> 03:01:21,840 restaurants or whatever I 3781 03:01:21,840 --> 03:01:24,989 can tell you that no retail business of any sort will go 3782 03:01:24,989 --> 03:01:26,200 anywhere but fronting 3783 03:01:26,200 --> 03:01:29,559 McKinney because they can't make it if they if they don't 3784 03:01:29,559 --> 03:01:30,120 have frontage on 3785 03:01:30,120 --> 03:01:35,079 McKinney so what he has laid out is truly first class he 3786 03:01:35,079 --> 03:01:36,079 didn't lay out 3787 03:01:36,079 --> 03:01:38,340 something that would make him the most money it's he's 3788 03:01:38,340 --> 03:01:39,440 gonna have his own office 3789 03:01:39,440 --> 03:01:43,190 there and he wants to have others like him come in office 3790 03:01:43,190 --> 03:01:44,559 there and you know I 3791 03:01:44,559 --> 03:01:46,809 think this this is one of those where I think sometimes we 3792 03:01:46,809 --> 03:01:47,799 can get really caught 3793 03:01:47,799 --> 03:01:52,659 up and worrying about things that aren't real worries and 3794 03:01:52,659 --> 03:01:54,639 well I think it's 3795 03:01:54,639 --> 03:01:58,229 important to vet it and you guys have we're talking about a 3796 03:01:58,229 --> 03:01:59,280 class a project 3797 03:01:59,280 --> 03:02:03,639 that will do nothing but make I think the neighbors happy 3798 03:02:03,639 --> 03:02:04,399 they'll have a new 3799 03:02:04,399 --> 03:02:07,760 street and you'll have single family or single story 3800 03:02:07,760 --> 03:02:09,120 offices that aren't 3801 03:02:09,120 --> 03:02:12,979 intrusive in any way to a neighborhood and and you'll have 3802 03:02:12,979 --> 03:02:14,479 people that are when 3803 03:02:14,479 --> 03:02:17,840 they're home nobody's there and when the people are in 3804 03:02:17,840 --> 03:02:18,920 these offices nobody's 3805 03:02:18,920 --> 03:02:23,530 home and so I think when you look at this property again I 3806 03:02:23,530 --> 03:02:24,879 can't think of a 3807 03:02:24,879 --> 03:02:27,229 better project that could ever be presented because the 3808 03:02:27,229 --> 03:02:28,000 only other thing 3809 03:02:28,000 --> 03:02:30,950 that's going to work here is apartments you can't develop 3810 03:02:30,950 --> 03:02:31,879 it for single-family 3811 03:02:31,879 --> 03:02:36,389 residential and make the math work agree thank you thank 3812 03:02:36,389 --> 03:02:37,399 you guys for listening 3813 03:02:37,399 --> 03:02:40,959 thank you for your comments and your time I have another 3814 03:02:40,959 --> 03:02:42,000 card and again this 3815 03:02:42,000 --> 03:02:45,159 is a public hearing Greg price I have no other cards 3816 03:02:45,159 --> 03:02:46,440 wishing to speak on this 3817 03:02:46,440 --> 03:02:51,520 item this time thank you I'm Greg price I live at 2216 3818 03:02:51,520 --> 03:02:52,479 Great Bear Lane here in 3819 03:02:52,479 --> 03:02:55,719 Denton and one of the things that I want to say in support 3820 03:02:55,719 --> 03:02:57,399 of the project is the 3821 03:02:57,399 --> 03:03:00,229 number I'm also a commercial real estate agent and I have 3822 03:03:00,229 --> 03:03:01,799 met with probably a 3823 03:03:01,799 --> 03:03:05,559 dozen attorneys looking for office and didn't Texas and 3824 03:03:05,559 --> 03:03:06,440 there's two 3825 03:03:06,440 --> 03:03:08,879 requirements that they want I want to be close to the cour 3826 03:03:08,879 --> 03:03:09,760 thouse and close to 3827 03:03:09,760 --> 03:03:14,350 downtown and what's available is shrinking the law building 3828 03:03:14,350 --> 03:03:15,000 sold and 3829 03:03:15,000 --> 03:03:17,110 every one of those attorneys are going to have to go find 3830 03:03:17,110 --> 03:03:17,959 new offices because 3831 03:03:17,959 --> 03:03:21,270 the county district attorney's office is moving into those 3832 03:03:21,270 --> 03:03:22,319 and they want to be 3833 03:03:22,319 --> 03:03:25,790 close to the courthouse and this property being directly 3834 03:03:25,790 --> 03:03:26,680 across serves 3835 03:03:26,680 --> 03:03:31,370 that currently this property is ag exempt there are cows on 3836 03:03:31,370 --> 03:03:32,120 the property and 3837 03:03:32,120 --> 03:03:35,270 it's not producing tax dollars with what mr. Dotson is 3838 03:03:35,270 --> 03:03:36,559 producing is only going to 3839 03:03:36,559 --> 03:03:40,219 help the city of Denton I go to an office every day every 3840 03:03:40,219 --> 03:03:41,319 day I go in there 3841 03:03:41,319 --> 03:03:44,940 and I go sit down at my desk and everybody's looking at 3842 03:03:44,940 --> 03:03:46,120 email and it's a 3843 03:03:46,120 --> 03:03:50,370 very quiet use it's not disruptive I've not seen an office 3844 03:03:50,370 --> 03:03:50,860 that's really 3845 03:03:50,860 --> 03:03:53,879 disruptive to a neighborhood matter of fact just like mr. 3846 03:03:53,879 --> 03:03:55,479 Johnson said that when 3847 03:03:55,479 --> 03:03:59,620 you go in most of the folks have gone for the day you go 3848 03:03:59,620 --> 03:04:00,719 into your office and 3849 03:04:00,719 --> 03:04:04,770 you go home if you keep the current zoning and it gets 3850 03:04:04,770 --> 03:04:05,399 developed you 3851 03:04:05,399 --> 03:04:09,260 increase the density of the neighborhood I don't think that 3852 03:04:09,260 --> 03:04:10,299 helps the 3853 03:04:10,299 --> 03:04:15,190 neighborhood office is a quieter use it has a less dense 3854 03:04:15,190 --> 03:04:17,079 use and the timing of 3855 03:04:17,079 --> 03:04:22,120 folks using the property only makes sense plus the text the 3856 03:04:22,120 --> 03:04:23,000 tax incentive 3857 03:04:23,000 --> 03:04:27,420 that'll benefit the city also increases so just want to say 3858 03:04:27,420 --> 03:04:28,680 that I'm in favor of 3859 03:04:28,680 --> 03:04:32,959 the use and I commend mr. Dotson for his his project and 3860 03:04:32,959 --> 03:04:34,079 his plan and that I do 3861 03:04:34,079 --> 03:04:37,440 know that I represent mr. Hartman as well as far as selling 3862 03:04:37,440 --> 03:04:38,440 the property and 3863 03:04:38,440 --> 03:04:40,450 I know where his heart is on what he'd like to see take 3864 03:04:40,450 --> 03:04:41,360 place and he wants to 3865 03:04:41,360 --> 03:04:46,430 serve the community for the good I have no questions thank 3866 03:04:46,430 --> 03:04:48,280 you again this is a 3867 03:04:48,280 --> 03:04:50,479 public hearing anyone who would like to speak on this item 3868 03:04:50,479 --> 03:04:51,319 please come forward 3869 03:04:51,319 --> 03:04:56,079 this time seeing none will close the public hearing and 3870 03:04:56,079 --> 03:04:56,920 open the floor for 3871 03:04:56,920 --> 03:05:04,600 discussion or emotion commissioner Roselle thank you chair 3872 03:05:04,600 --> 03:05:06,159 as I'm gonna 3873 03:05:06,159 --> 03:05:09,700 motion to approve this before I do I just I was just 3874 03:05:09,700 --> 03:05:10,840 thinking through 3875 03:05:10,840 --> 03:05:13,950 everything that's been stated tonight on both both sides 3876 03:05:13,950 --> 03:05:14,840 and I certainly 3877 03:05:14,840 --> 03:05:17,719 appreciate the work city does and I can courage Julia is 3878 03:05:17,719 --> 03:05:18,639 awesome she's a work 3879 03:05:18,639 --> 03:05:22,649 course and I appreciate the perspective they're bringing 3880 03:05:22,649 --> 03:05:24,040 but I also hear a lot 3881 03:05:24,040 --> 03:05:27,700 of positive things from the applicant in terms of trying to 3882 03:05:27,700 --> 03:05:28,639 respond to the 3883 03:05:28,639 --> 03:05:31,469 community both in what they've stated as concerns but also 3884 03:05:31,469 --> 03:05:32,120 needs of the 3885 03:05:32,120 --> 03:05:36,219 community and as we looked at the the aerial there is I 3886 03:05:36,219 --> 03:05:37,879 think Councilman 3887 03:05:37,879 --> 03:05:41,360 Johnson pointed this out there is development everywhere 3888 03:05:41,360 --> 03:05:42,840 except that plot 3889 03:05:42,840 --> 03:05:47,399 which is odd because if you go out further there's even 3890 03:05:47,399 --> 03:05:48,319 more development 3891 03:05:48,319 --> 03:05:52,079 which leads me to the conclusion that the current zoning or 3892 03:05:52,079 --> 03:05:53,239 uses is simply not 3893 03:05:53,239 --> 03:05:56,129 marketable that or something would have been done there so 3894 03:05:56,129 --> 03:05:57,280 what what the current 3895 03:05:57,280 --> 03:06:02,049 situation seems in my opinion a little broke if there's not 3896 03:06:02,049 --> 03:06:02,719 instead of 3897 03:06:02,719 --> 03:06:06,909 developed so and I don't think this is too far-fetched from 3898 03:06:06,909 --> 03:06:07,680 what this 3899 03:06:07,680 --> 03:06:10,530 commission I know what I have approved sitting here I can 3900 03:06:10,530 --> 03:06:11,520 think back to this 3901 03:06:11,520 --> 03:06:14,930 commission me included voted to approve a rezoning on 3902 03:06:14,930 --> 03:06:16,360 University where an Aldi 3903 03:06:16,360 --> 03:06:21,239 now sits that backs up to neighborhood we also recently 3904 03:06:21,239 --> 03:06:23,479 approved a rezoning for 3905 03:06:23,479 --> 03:06:26,479 self storage to go to university and they'll back up to 3906 03:06:26,479 --> 03:06:27,559 neighborhoods on 3907 03:06:27,559 --> 03:06:30,290 University I understand it's not a peninsula type situation 3908 03:06:30,290 --> 03:06:30,920 with the self 3909 03:06:30,920 --> 03:06:33,959 storage but the Aldi's are certainly right in the middle of 3910 03:06:33,959 --> 03:06:35,239 a neighborhood and 3911 03:06:35,239 --> 03:06:40,620 yet this commission deemed those two things appropriate and 3912 03:06:40,620 --> 03:06:43,360 so with that the 3913 03:06:43,360 --> 03:06:48,200 applicant has reached out to the community and not only has 3914 03:06:48,200 --> 03:06:49,680 been willing 3915 03:06:49,680 --> 03:06:54,020 to abide by restricted uses on the property they actually 3916 03:06:54,020 --> 03:06:55,159 created restricted 3917 03:06:55,159 --> 03:06:59,360 uses on the property in response to the communities 3918 03:06:59,360 --> 03:07:01,600 concerns so all that to say 3919 03:07:01,600 --> 03:07:04,149 I'm in favor of this project I think it'd be good for the 3920 03:07:04,149 --> 03:07:04,920 city to have this 3921 03:07:04,920 --> 03:07:07,799 developed and I think overall the concerns that have been 3922 03:07:07,799 --> 03:07:08,520 stated by the 3923 03:07:08,520 --> 03:07:12,629 community have been addressed by the restrictive uses in my 3924 03:07:12,629 --> 03:07:14,280 experience Lee 3925 03:07:14,280 --> 03:07:18,780 Allison his group do quality work and so I see no reason 3926 03:07:18,780 --> 03:07:20,280 that this also too 3927 03:07:20,280 --> 03:07:23,399 wouldn't be a high quality establishment that's generating 3928 03:07:23,399 --> 03:07:24,159 income for the city 3929 03:07:24,159 --> 03:07:27,729 and also productive for the community around it so for that 3930 03:07:27,729 --> 03:07:28,440 I motion to 3931 03:07:28,440 --> 03:07:33,030 approve this Commissioner Smith Commissioner Osella pretty 3932 03:07:33,030 --> 03:07:33,479 much got all 3933 03:07:33,479 --> 03:07:36,709 the hot of the hot air out of the room for us on that one 3934 03:07:36,709 --> 03:07:38,120 the thing I'll just 3935 03:07:38,120 --> 03:07:41,329 say to this is that if I was a developer and I was looking 3936 03:07:41,329 --> 03:07:42,639 to build a residential 3937 03:07:42,639 --> 03:07:46,229 development on a piece of land that would be a perfect one 3938 03:07:46,229 --> 03:07:46,840 for the for the 3939 03:07:46,840 --> 03:07:50,020 proximity that would be to downtown as well as just where 3940 03:07:50,020 --> 03:07:51,159 it sits within the 3941 03:07:51,159 --> 03:07:54,760 city of Denton that would be a prime location for a multif 3942 03:07:54,760 --> 03:07:56,600 amily usage if of 3943 03:07:56,600 --> 03:07:58,590 course we've talked about single-family not being 3944 03:07:58,590 --> 03:08:00,879 mathematically feasible so why 3945 03:08:00,879 --> 03:08:04,149 is it sat vacant for 20 years so I will say that I'll 3946 03:08:04,149 --> 03:08:05,680 second this motion 3947 03:08:05,680 --> 03:08:09,100 especially since that this is the next best option to 3948 03:08:09,100 --> 03:08:10,639 create this plot of land 3949 03:08:10,639 --> 03:08:15,299 and so they actually used by our citizens okay we have a 3950 03:08:15,299 --> 03:08:16,200 first and a 3951 03:08:16,200 --> 03:08:20,549 second Commissioner Beck thank you chair well before we 3952 03:08:20,549 --> 03:08:20,959 vote on it yeah I'd like 3953 03:08:20,959 --> 03:08:24,100 to comment and this is a tough vote it really is I don't 3954 03:08:24,100 --> 03:08:25,399 disagree at all that 3955 03:08:25,399 --> 03:08:29,159 the developers come in and has a good project is bending 3956 03:08:29,159 --> 03:08:30,239 over backwards to 3957 03:08:30,239 --> 03:08:32,989 accommodate the neighborhood and my heart goes out to mr. 3958 03:08:32,989 --> 03:08:33,920 Hartman for having 3959 03:08:33,920 --> 03:08:37,600 property that sit there for that long and having a tough 3960 03:08:37,600 --> 03:08:39,479 time finding a good 3961 03:08:39,479 --> 03:08:43,280 use for this that wouldn't negatively impact the 3962 03:08:43,280 --> 03:08:44,299 neighborhood and I'm not 3963 03:08:44,299 --> 03:08:51,069 sure that this project will but I lean on the side of going 3964 03:08:51,069 --> 03:08:52,280 into a neighborhood 3965 03:08:52,280 --> 03:08:57,180 in this manner with the depth that goes into it it encro 3966 03:08:57,180 --> 03:08:58,819 aches deeper than 3967 03:08:58,819 --> 03:09:02,819 anything I've seen the need for affordable housing is going 3968 03:09:02,819 --> 03:09:03,959 to be diminished 3969 03:09:03,959 --> 03:09:08,360 I still believe as it nibbles away and other people in that 3970 03:09:08,360 --> 03:09:09,440 area sell off that 3971 03:09:09,440 --> 03:09:13,860 property I think a code change of this sort sets a 3972 03:09:13,860 --> 03:09:16,280 precedent for other 3973 03:09:16,280 --> 03:09:19,420 commercial properties to come in and encroach on 3974 03:09:19,420 --> 03:09:21,159 residential low-density 3975 03:09:21,159 --> 03:09:23,940 neighborhoods like this and not only in that area but in 3976 03:09:23,940 --> 03:09:25,079 other areas of the city 3977 03:09:25,079 --> 03:09:29,639 and I worry about that and the opposition to to me still 3978 03:09:29,639 --> 03:09:30,920 doesn't seem 3979 03:09:30,920 --> 03:09:34,559 like it favors this I bet that's probably the biggest 3980 03:09:34,559 --> 03:09:35,680 sticker for me I 3981 03:09:35,680 --> 03:09:38,659 wish I had a better feel how the residents of this 3982 03:09:38,659 --> 03:09:40,120 neighborhood really 3983 03:09:40,120 --> 03:09:42,489 felt I'm not sure we've got that that's why I kind of 3984 03:09:42,489 --> 03:09:43,799 encourage you know going 3985 03:09:43,799 --> 03:09:47,750 back out one more time and getting people more involved in 3986 03:09:47,750 --> 03:09:48,879 this and then if 3987 03:09:48,879 --> 03:09:52,170 we had that kind of positive feedback I would have less of 3988 03:09:52,170 --> 03:09:54,200 concern for this 3989 03:09:54,200 --> 03:09:59,379 property shares the front part of it with an NRMU 12 where 3990 03:09:59,379 --> 03:10:00,600 you can get some 3991 03:10:00,600 --> 03:10:05,280 benefit out of it office space and serve that purpose 3992 03:10:05,280 --> 03:10:07,159 without going too deep into 3993 03:10:07,159 --> 03:10:13,559 the area but again the one thing that this will impact that 3994 03:10:13,559 --> 03:10:14,520 residential 3995 03:10:14,520 --> 03:10:17,739 housing doesn't or anything that looks like it is the infl 3996 03:10:17,739 --> 03:10:19,159 ux of traffic comes 3997 03:10:19,159 --> 03:10:21,209 in these are gonna be people that don't live there it's 3998 03:10:21,209 --> 03:10:21,920 gonna be different 3999 03:10:21,920 --> 03:10:25,280 people every day and I'm not sure it's gonna be all that 4000 03:10:25,280 --> 03:10:27,239 bad so I would be more 4001 03:10:27,239 --> 03:10:30,659 in favor of it if I felt like the neighborhood residents 4002 03:10:30,659 --> 03:10:31,520 were more for 4003 03:10:31,520 --> 03:10:36,909 this and we had a TIA that demonstrated the traffic wasn't 4004 03:10:36,909 --> 03:10:37,719 gonna be the issue it 4005 03:10:37,719 --> 03:10:41,559 is so I'm gonna I'm gonna vote against this before I 4006 03:10:41,559 --> 03:10:43,280 recognize the next speaker 4007 03:10:43,280 --> 03:10:46,440 I want a clarification from Commissioner Roselle and your 4008 03:10:46,440 --> 03:10:47,479 motion for approval 4009 03:10:47,479 --> 03:10:50,649 did you include or mean to include all of the restrictions 4010 03:10:50,649 --> 03:10:51,760 that the applicant 4011 03:10:51,760 --> 03:10:54,399 had presented for us yes it would include the overlay 4012 03:10:54,399 --> 03:10:55,440 presented to us all 4013 03:10:55,440 --> 03:10:58,399 of the all the restrictions here on the overlay provided in 4014 03:10:58,399 --> 03:10:59,559 the backup or part 4015 03:10:59,559 --> 03:11:03,299 of your motion yes don't need to restate my motion I don't 4016 03:11:03,299 --> 03:11:04,360 think so we just want 4017 03:11:04,360 --> 03:11:06,850 a clarification for staff and for the record that it did 4018 03:11:06,850 --> 03:11:07,840 include all of these 4019 03:11:07,840 --> 03:11:11,979 conditions yes so thank you for that and Commissioner Smith 4020 03:11:11,979 --> 03:11:12,920 us and you are 4021 03:11:12,920 --> 03:11:16,280 friendly to that clarification on your second okay 4022 03:11:16,280 --> 03:11:18,479 Commissioner Ellis thank you 4023 03:11:18,479 --> 03:11:22,959 so I'm just having a difficult time approving this I do 4024 03:11:22,959 --> 03:11:25,079 appreciate Allison 4025 03:11:25,079 --> 03:11:27,969 engineering groups great presentation and all the speakers 4026 03:11:27,969 --> 03:11:29,040 I just can't 4027 03:11:29,040 --> 03:11:33,319 discount the opposition that that I've read I can't 4028 03:11:33,319 --> 03:11:34,360 discount the fact that it 4029 03:11:34,360 --> 03:11:38,459 doesn't comply with a future land use I can't discount 4030 03:11:38,459 --> 03:11:40,399 staff's expertise on this 4031 03:11:40,399 --> 03:11:44,760 I love the earlier thought of a hybrid development on this 4032 03:11:44,760 --> 03:11:46,000 where we cannot 4033 03:11:46,000 --> 03:11:48,649 include those back three acres that encroaches so deeply 4034 03:11:48,649 --> 03:11:49,079 into the 4035 03:11:49,079 --> 03:11:51,440 neighborhood I would love to see this piece of land 4036 03:11:51,440 --> 03:11:52,680 developed it needs to be 4037 03:11:52,680 --> 03:11:56,450 developed I am very concerned about being developed as deep 4038 03:11:56,450 --> 03:11:57,280 into a single 4039 03:11:57,280 --> 03:12:00,639 family neighborhood we cannot regulate who is going to 4040 03:12:00,639 --> 03:12:01,840 office there we can 4041 03:12:01,840 --> 03:12:05,329 conceptualize it but we don't know what's going to be in 4042 03:12:05,329 --> 03:12:06,559 those offices and 4043 03:12:06,559 --> 03:12:14,399 where so with that I just don't think we've we've dealt 4044 03:12:14,399 --> 03:12:14,719 with the 4045 03:12:14,719 --> 03:12:17,479 incompatibility issue on that back piece of the land so I'm 4046 03:12:17,479 --> 03:12:17,959 just not 4047 03:12:17,959 --> 03:12:22,319 comfortable voting yes Commissioner Sullivan thank you 4048 03:12:22,319 --> 03:12:23,840 chair I'm having an 4049 03:12:23,840 --> 03:12:27,649 issue still understanding why you're gonna put more 4050 03:12:27,649 --> 03:12:29,440 restrictions in the nr6 4051 03:12:29,440 --> 03:12:35,520 has to begin with I just I can't get beyond that part of it 4052 03:12:35,520 --> 03:12:37,200 and when I think 4053 03:12:37,200 --> 03:12:39,850 of neighborhood restaurants and people walking to the 4054 03:12:39,850 --> 03:12:41,040 restaurants I think of 4055 03:12:41,040 --> 03:12:45,680 Locus Street now where we have a lot of neighborhood 4056 03:12:45,680 --> 03:12:47,520 restaurants and I don't see 4057 03:12:47,520 --> 03:12:50,760 anybody walking there because there's no place to park ever 4058 03:12:50,760 --> 03:12:52,959 and so I don't know 4059 03:12:52,959 --> 03:12:57,559 if that's if that's what is meant to be in a neighborhood 4060 03:12:57,559 --> 03:12:59,079 and so what I see is 4061 03:12:59,079 --> 03:13:03,260 commercial creep that soon we'll be hearing people across 4062 03:13:03,260 --> 03:13:04,319 the street saying 4063 03:13:04,319 --> 03:13:07,500 hey I want to sell my house and turn it into a an Italian 4064 03:13:07,500 --> 03:13:08,840 restaurant or something 4065 03:13:08,840 --> 03:13:12,360 I mean I just that's all I can see going in here and 4066 03:13:12,360 --> 03:13:14,440 especially because of the 4067 03:13:14,440 --> 03:13:18,540 restrictions that you all have agreed to that are more 4068 03:13:18,540 --> 03:13:20,120 restrictive than the 4069 03:13:20,120 --> 03:13:23,879 our six that it's zoned as now I just something is doesn't 4070 03:13:23,879 --> 03:13:25,079 ring right to me so 4071 03:13:25,079 --> 03:13:29,600 that's I can't support what y'all are requesting I mean 4072 03:13:29,600 --> 03:13:30,760 under different 4073 03:13:30,760 --> 03:13:33,319 circumstances it might be a great idea but I just can't do 4074 03:13:33,319 --> 03:13:34,239 it the way it's been 4075 03:13:34,239 --> 03:13:41,040 presented today okay Commissioner Sanchez I think you've 4076 03:13:41,040 --> 03:13:41,479 done a great 4077 03:13:41,479 --> 03:13:47,559 presentation on on why we should allow it and at first I 4078 03:13:47,559 --> 03:13:49,840 was against it but I 4079 03:13:49,840 --> 03:13:52,459 think the more I thought about it and the more I listened 4080 03:13:52,459 --> 03:13:53,879 to you all I I 4081 03:13:53,879 --> 03:13:57,370 changed my mind and the reason is I personally have an 4082 03:13:57,370 --> 03:13:58,920 interest in that area 4083 03:13:58,920 --> 03:14:02,920 and and like everybody else I've seen years and years where 4084 03:14:02,920 --> 03:14:04,079 that lot has just 4085 03:14:04,079 --> 03:14:09,670 sat there and and I don't think and across the street on on 4086 03:14:09,670 --> 03:14:10,920 on Janey if you 4087 03:14:10,920 --> 03:14:14,739 look at that was on the west side of Janey Street many of 4088 03:14:14,739 --> 03:14:16,639 those houses are in 4089 03:14:16,639 --> 03:14:20,239 really poor condition and I would think that one day 4090 03:14:20,239 --> 03:14:22,239 somebody might buy those and 4091 03:14:22,239 --> 03:14:25,790 maybe make make an offer make offices out of them but McKin 4092 03:14:25,790 --> 03:14:26,920 ney Street is a very 4093 03:14:26,920 --> 03:14:30,420 important because that area because it's close to the to 4094 03:14:30,420 --> 03:14:31,959 the courthouse I think 4095 03:14:31,959 --> 03:14:36,620 it's very important to like you mentioned is put offices in 4096 03:14:36,620 --> 03:14:37,440 that area 4097 03:14:37,440 --> 03:14:41,709 it's a big neighborhood so that's just those houses were 4098 03:14:41,709 --> 03:14:44,799 built years ago the 4099 03:14:44,799 --> 03:14:47,920 area has changed has changed drastically and I think we 4100 03:14:47,920 --> 03:14:49,079 have to meet those 4101 03:14:49,079 --> 03:14:51,280 changes and it's not going to hurt that neighborhood 4102 03:14:51,280 --> 03:14:52,239 because that neighborhood 4103 03:14:52,239 --> 03:14:57,219 overall is pretty good size I believe and so I'd like to 4104 03:14:57,219 --> 03:14:59,000 say I'm with I support 4105 03:14:59,000 --> 03:15:03,440 the project Commissioner Roseau thank you chair just wanted 4106 03:15:03,440 --> 03:15:06,120 to respond or maybe 4107 03:15:06,120 --> 03:15:11,159 bring up some points if I understood this correctly I 4108 03:15:11,159 --> 03:15:13,040 believe I did the 4109 03:15:13,040 --> 03:15:16,959 applicant held a community meeting which I don't think is 4110 03:15:16,959 --> 03:15:18,239 required to do so they 4111 03:15:18,239 --> 03:15:21,600 voluntarily had a community meeting based on the reaction 4112 03:15:21,600 --> 03:15:22,280 when Commissioner 4113 03:15:22,280 --> 03:15:24,430 Ellis asked if it was a good turnout or maybe it's 4114 03:15:24,430 --> 03:15:26,000 Commissioner Sanchez asked 4115 03:15:26,000 --> 03:15:27,729 is a good turnout the response I got it seemed to 4116 03:15:27,729 --> 03:15:28,920 communicate to me that that is 4117 03:15:28,920 --> 03:15:33,190 a great turnout for a community meeting they brought up 4118 03:15:33,190 --> 03:15:35,040 eight items of concern 4119 03:15:35,040 --> 03:15:38,879 that the applicant noted and brought to our presentation 4120 03:15:38,879 --> 03:15:40,520 those eight items so I 4121 03:15:40,520 --> 03:15:44,659 believe they listened to the concerns that the community 20 4122 03:15:44,659 --> 03:15:45,760 plus brought out 4123 03:15:45,760 --> 03:15:49,120 and responded to each of them and they even put a table on 4124 03:15:49,120 --> 03:15:49,799 how they're gonna 4125 03:15:49,799 --> 03:15:52,870 respond to each one of them and so it's hard for me to hear 4126 03:15:52,870 --> 03:15:54,000 that we don't know 4127 03:15:54,000 --> 03:15:57,420 what the community thinks because I don't know what more 4128 03:15:57,420 --> 03:15:58,479 the applicant could 4129 03:15:58,479 --> 03:16:01,700 have done or the Commission could have done and having this 4130 03:16:01,700 --> 03:16:02,840 meeting tonight to 4131 03:16:02,840 --> 03:16:06,590 acquire the opinions of the community they did acquire the 4132 03:16:06,590 --> 03:16:07,639 opinions of the 4133 03:16:07,639 --> 03:16:11,069 community that that desired to be vocal and they responded 4134 03:16:11,069 --> 03:16:12,159 to all of them and 4135 03:16:12,159 --> 03:16:18,239 answered all their concerns and so with that we also have 4136 03:16:18,239 --> 03:16:20,680 looks like seven 4137 03:16:20,680 --> 03:16:26,170 oppositions three from homeowners when including the people 4138 03:16:26,170 --> 03:16:26,680 that were spoke 4139 03:16:26,680 --> 03:16:28,829 tonight we have eight in favor so if we want to look at 4140 03:16:28,829 --> 03:16:30,000 that there's more in 4141 03:16:30,000 --> 03:16:35,719 favor than an opposition if we just look at respondents I 4142 03:16:35,719 --> 03:16:37,280 want to be correct in 4143 03:16:37,280 --> 03:16:45,079 me saying how many in favor in the response yes we have the 4144 03:16:45,079 --> 03:16:45,520 applicants 4145 03:16:45,520 --> 03:16:49,360 included yes so in total the people that we've gotten 4146 03:16:49,360 --> 03:16:51,120 feedback from who decided 4147 03:16:51,120 --> 03:16:55,000 to come here tonight and the responses mailed in are in 4148 03:16:55,000 --> 03:16:57,959 favor and so the 4149 03:16:57,959 --> 03:17:00,149 community issue that Commissioner Beck brought up I just it 4150 03:17:00,149 --> 03:17:00,879 doesn't resonate 4151 03:17:00,879 --> 03:17:04,239 with me considering the work that's been put in and then 4152 03:17:04,239 --> 03:17:05,239 Christian Sullivan 4153 03:17:05,239 --> 03:17:07,959 brought up the idea of he doesn't understand maybe 4154 03:17:07,959 --> 03:17:09,120 understand the 4155 03:17:09,120 --> 03:17:12,290 requirement of buddy putting the more restriction is so 4156 03:17:12,290 --> 03:17:13,360 they cannot build 4157 03:17:13,360 --> 03:17:17,290 offices in an R6 it's not possible they have to have a 4158 03:17:17,290 --> 03:17:19,079 zoning change to build 4159 03:17:19,079 --> 03:17:22,770 offices so that's why they're asking for a zoning change is 4160 03:17:22,770 --> 03:17:23,639 they want to put an 4161 03:17:23,639 --> 03:17:26,860 office instead of duplexes back there but with that 4162 03:17:26,860 --> 03:17:28,239 restriction they can't put 4163 03:17:28,239 --> 03:17:32,559 restaurants in the back that's prohibited by NRM U12 the 4164 03:17:32,559 --> 03:17:33,000 restaurants 4165 03:17:33,000 --> 03:17:37,250 could only go on the front MRM you so the zoning change is 4166 03:17:37,250 --> 03:17:38,120 going to provide 4167 03:17:38,120 --> 03:17:41,680 them the option to do offices only not restaurants back 4168 03:17:41,680 --> 03:17:42,600 there the restaurants 4169 03:17:42,600 --> 03:17:45,110 would be up on McKinney which McKinney area has a couple 4170 03:17:45,110 --> 03:17:46,079 restaurants to the 4171 03:17:46,079 --> 03:17:49,340 West but certainly none convenient for the individuals 4172 03:17:49,340 --> 03:17:50,120 working at the courthouse 4173 03:17:50,120 --> 03:17:55,420 or I just served jury duty and good luck finding food so 4174 03:17:55,420 --> 03:17:58,280 that I understand what 4175 03:17:58,280 --> 03:18:01,469 the need is in the community and so again I've already 4176 03:18:01,469 --> 03:18:02,639 motion to approve 4177 03:18:02,639 --> 03:18:06,159 this but I think there's a lot of good reasons for this 4178 03:18:06,159 --> 03:18:07,639 Commission to send this 4179 03:18:07,639 --> 03:18:12,139 forth to the council for approval Commissioner Ellis thank 4180 03:18:12,139 --> 03:18:13,479 you chair okay 4181 03:18:13,479 --> 03:18:17,239 so into in response to Commissioner Rozelle as far as 4182 03:18:17,239 --> 03:18:18,840 requests and support I 4183 03:18:18,840 --> 03:18:23,959 mean in favor of this I mean it's the broker for the 4184 03:18:23,959 --> 03:18:25,239 property and the two in 4185 03:18:25,239 --> 03:18:29,629 favor we're the property owner and an investor in the area 4186 03:18:29,629 --> 03:18:30,760 so we have all 4187 03:18:30,760 --> 03:18:34,590 opposition who as far as people who live there so nobody 4188 03:18:34,590 --> 03:18:36,399 who lives there in the 4189 03:18:36,399 --> 03:18:39,760 area is in favor we don't have any of that except for the 4190 03:18:39,760 --> 03:18:40,879 one investor who 4191 03:18:40,879 --> 03:18:44,420 lives in Lantana and bought his property this year also 4192 03:18:44,420 --> 03:18:45,520 wanted to state that 4193 03:18:45,520 --> 03:18:49,170 Commissioner Sanchez pointed out my concern beautifully 4194 03:18:49,170 --> 03:18:50,520 when he said perhaps 4195 03:18:50,520 --> 03:18:53,489 those properties on Janney Street will sell and become 4196 03:18:53,489 --> 03:18:55,040 offices that's exactly 4197 03:18:55,040 --> 03:18:58,590 the point I'm trying to illustrate not to necessarily make 4198 03:18:58,590 --> 03:18:59,600 this lot single 4199 03:18:59,600 --> 03:19:03,430 family homes but that the existing single-family homes that 4200 03:19:03,430 --> 03:19:04,360 are affordable 4201 03:19:04,360 --> 03:19:09,629 albeit not pretty but affordable either to rent or to own 4202 03:19:09,629 --> 03:19:11,479 by encroaching like 4203 03:19:11,479 --> 03:19:14,950 this with commercial property you absolutely introduce the 4204 03:19:14,950 --> 03:19:15,639 demise of those 4205 03:19:15,639 --> 03:19:20,309 single-family homes to become commercial property which is 4206 03:19:20,309 --> 03:19:21,239 great if you're an 4207 03:19:21,239 --> 03:19:25,489 investor owning one of those properties but not great to 4208 03:19:25,489 --> 03:19:26,600 creating less 4209 03:19:26,600 --> 03:19:32,680 single-family options in our city that's what we don't need 4210 03:19:32,680 --> 03:19:33,000 here 4211 03:19:33,239 --> 03:19:36,840 Commissioner Beck. Thank you Chair. I would just like to 4212 03:19:36,840 --> 03:19:39,159 point out the obvious thing that we 4213 03:19:39,159 --> 03:19:43,350 have parameters set for us through decisions made by 4214 03:19:43,350 --> 03:19:45,040 citizens city staff 4215 03:19:45,040 --> 03:19:47,569 and others that protect neighborhoods like this for a 4216 03:19:47,569 --> 03:19:48,840 reason and it's to help 4217 03:19:48,840 --> 03:19:51,899 guide growth if we dismiss these without deeper 4218 03:19:51,899 --> 03:19:54,079 consideration about neighborhood 4219 03:19:54,079 --> 03:19:57,879 consensus for such a change I think we do a disservice to 4220 03:19:57,879 --> 03:19:59,520 the 2030 plan and the 4221 03:19:59,520 --> 03:20:02,569 other efforts the future land use map and all those other 4222 03:20:02,569 --> 03:20:04,319 things I again you 4223 03:20:04,319 --> 03:20:08,010 know this is an excellent plan but it encroaches too much 4224 03:20:08,010 --> 03:20:09,639 in my opinion and I 4225 03:20:09,639 --> 03:20:12,399 just wish there was some other way we could work with the 4226 03:20:12,399 --> 03:20:13,360 developer and the 4227 03:20:13,360 --> 03:20:18,829 owner that would benefit us all but again the sense that we 4228 03:20:18,829 --> 03:20:20,399 're going in here 4229 03:20:20,399 --> 03:20:23,870 and I'm just not thoroughly convinced that the people who 4230 03:20:23,870 --> 03:20:24,920 live in this area 4231 03:20:24,920 --> 03:20:31,799 would thoroughly approve it. Commissioner Sanchez. I would 4232 03:20:31,799 --> 03:20:32,959 just like I would just 4233 03:20:32,959 --> 03:20:35,850 like to state that some of these older neighborhoods like 4234 03:20:35,850 --> 03:20:36,899 that like the one on 4235 03:20:36,899 --> 03:20:42,370 Janie especially on the west side of Janie Street a lot of 4236 03:20:42,370 --> 03:20:43,840 those houses are 4237 03:20:43,840 --> 03:20:46,729 pretty much falling apart and there I believe there it won 4238 03:20:46,729 --> 03:20:47,479 't be long before 4239 03:20:47,479 --> 03:20:51,799 those houses have to be replaced and those neighborhoods 4240 03:20:51,799 --> 03:20:53,079 have to have they 4241 03:20:53,079 --> 03:20:57,079 have to be renovated and some of this new ideas have to be 4242 03:20:57,079 --> 03:20:58,440 brought into the 4243 03:20:58,440 --> 03:21:01,069 neighborhoods and not just let them well this is the way it 4244 03:21:01,069 --> 03:21:02,040 's been for 50 years 4245 03:21:02,040 --> 03:21:05,639 or a hundred years because those those neighborhoods are 4246 03:21:05,639 --> 03:21:06,479 going to deteriorate 4247 03:21:06,479 --> 03:21:11,059 and that's why I think projects like this will help the 4248 03:21:11,059 --> 03:21:13,799 neighborhood. Okay I'm 4249 03:21:13,799 --> 03:21:15,969 going to call the question I don't see anybody else wishing 4250 03:21:15,969 --> 03:21:16,680 to speak we have a 4251 03:21:16,680 --> 03:21:21,399 first and a second before us for approval with all of the 4252 03:21:21,399 --> 03:21:22,120 conditions as 4253 03:21:22,120 --> 03:21:28,200 proposed by the applicant so I will call for a vote on the 4254 03:21:28,200 --> 03:21:28,680 board. 4255 03:21:41,959 --> 03:21:49,409 Motion carries four to three. We have one final item I don 4256 03:21:49,409 --> 03:21:51,760 't know if folks want 4257 03:21:51,760 --> 03:21:54,459 to stay or if they want to clear the room and if we need to 4258 03:21:54,459 --> 03:21:55,239 take a break or 4259 03:21:55,239 --> 03:21:58,600 if we want to try to press through our last item this 4260 03:21:58,600 --> 03:22:00,639 evening. Okay we'll take a 4261 03:22:00,639 --> 03:22:06,440 quick break at 850. 4262 03:22:21,760 --> 03:22:34,840 Okay we are back from our break and we'll call us back into 4263 03:22:34,840 --> 03:22:35,959 session at 9 4264 03:22:35,959 --> 03:22:40,920 o'clock and at this time I'm going to reopen the public 4265 03:22:40,920 --> 03:22:42,200 hearing for item C 4266 03:22:42,200 --> 03:22:48,600 which is DCA 17-0010 and I believe Jim Jenks is going to 4267 03:22:48,600 --> 03:22:48,920 make this 4268 03:22:48,920 --> 03:22:55,440 presentation. Good evening this is a follow-up presentation 4269 03:22:55,440 --> 03:22:56,440 to the one that I 4270 03:22:56,440 --> 03:23:02,159 made a couple weeks ago and I will start by saying I will 4271 03:23:02,159 --> 03:23:03,959 just very quickly 4272 03:23:03,959 --> 03:23:10,989 recap what I presented on the 13th and then show the 4273 03:23:10,989 --> 03:23:12,719 discuss the issues that 4274 03:23:12,719 --> 03:23:16,700 came up questions that were raised and research that we've 4275 03:23:16,700 --> 03:23:17,639 done and findings 4276 03:23:17,639 --> 03:23:21,780 that we've come across. As you all know the city is in the 4277 03:23:21,780 --> 03:23:23,040 process of a very 4278 03:23:23,040 --> 03:23:29,120 thorough analysis reevaluation of our codes our criteria 4279 03:23:29,120 --> 03:23:29,639 manuals our 4280 03:23:29,639 --> 03:23:34,809 development processes and our processes to get into 4281 03:23:34,809 --> 03:23:37,079 construction we are trying 4282 03:23:37,079 --> 03:23:46,239 to update them streamline them make them just better as far 4283 03:23:46,239 --> 03:23:48,079 as serving the 4284 03:23:48,079 --> 03:23:50,340 development community while still protecting the city's 4285 03:23:50,340 --> 03:23:51,440 interests this is 4286 03:23:51,440 --> 03:23:57,159 a part of that effort. The objectives again what we're 4287 03:23:57,159 --> 03:23:59,719 looking to do here we 4288 03:23:59,719 --> 03:24:05,799 get frequent requests that we file plats earlier and I can 4289 03:24:05,799 --> 03:24:07,280 talk about the 4290 03:24:07,280 --> 03:24:10,530 particulars of that we think that this may be a way to 4291 03:24:10,530 --> 03:24:13,879 achieve that also we get 4292 03:24:13,879 --> 03:24:17,559 frequent requests from the development community to file 4293 03:24:17,559 --> 03:24:18,719 plats prior to the 4294 03:24:18,719 --> 03:24:23,840 developer having to enter a contract with a contractor and 4295 03:24:23,840 --> 03:24:24,040 then 4296 03:24:24,040 --> 03:24:28,750 also we're seeking to eliminate separate whole harmless 4297 03:24:28,750 --> 03:24:30,920 agreements which would 4298 03:24:30,920 --> 03:24:38,000 simplify the process and also as we discussed some a couple 4299 03:24:38,000 --> 03:24:40,200 weeks ago this is 4300 03:24:40,200 --> 03:24:45,149 to help us get into compliance with the section of the 4301 03:24:45,149 --> 03:24:47,479 Texas local government 4302 03:24:47,479 --> 03:24:52,409 code that that I've quoted here that states that the 4303 03:24:52,409 --> 03:24:54,959 developer must execute a 4304 03:24:54,959 --> 03:24:58,149 performance bond for the construction of the improvements 4305 03:24:58,149 --> 03:24:59,440 to ensure completion of 4306 03:24:59,440 --> 03:25:03,739 the project. Right now while the developer is one of the 4307 03:25:03,739 --> 03:25:04,319 three parties 4308 03:25:04,319 --> 03:25:07,889 named in our what we call our three-way development 4309 03:25:07,889 --> 03:25:09,680 contracts it's almost always 4310 03:25:09,680 --> 03:25:16,479 the contractor who is named on the bond. This is our 4311 03:25:16,479 --> 03:25:20,319 current process if you can 4312 03:25:20,319 --> 03:25:27,309 see here the point at which we can current and this is this 4313 03:25:27,309 --> 03:25:28,840 is per the way 4314 03:25:28,840 --> 03:25:33,809 our development code is currently written we cannot file 4315 03:25:33,809 --> 03:25:35,520 the plat until the 4316 03:25:35,520 --> 03:25:41,600 developer has got his plat approved by PNZ and has executed 4317 03:25:41,600 --> 03:25:42,239 the three-way 4318 03:25:42,239 --> 03:25:48,049 development contract with the city and his contractor. Also 4319 03:25:48,049 --> 03:25:49,559 I have shown on here 4320 03:25:49,559 --> 03:25:53,659 following that stage following that step is when they can 4321 03:25:53,659 --> 03:25:54,520 get their whole 4322 03:25:54,520 --> 03:25:58,659 harmless agreement executed and by whole harmless agreement 4323 03:25:58,659 --> 03:26:00,319 I'll explain that 4324 03:26:00,319 --> 03:26:04,719 basically our code stipulates that no private improvements 4325 03:26:04,719 --> 03:26:06,360 construction can be 4326 03:26:06,360 --> 03:26:10,760 started before all the public improvements that are 4327 03:26:10,760 --> 03:26:11,959 associated with a 4328 03:26:11,959 --> 03:26:17,319 development project have been completed. Our code does 4329 03:26:17,319 --> 03:26:19,559 allow in the case of 4330 03:26:19,559 --> 03:26:25,760 multifamily or commercial it does or industrial it does 4331 03:26:25,760 --> 03:26:28,600 allow a developer to 4332 03:26:28,600 --> 03:26:32,649 enter into a whole harmless agreement basically allowing 4333 03:26:32,649 --> 03:26:34,120 concurrent private 4334 03:26:34,120 --> 03:26:37,989 and public improvements construction. The agreement 4335 03:26:37,989 --> 03:26:40,600 basically which is signed and 4336 03:26:40,600 --> 03:26:45,590 filed at the county basically formalizes that the developer 4337 03:26:45,590 --> 03:26:46,520 will hold the city 4338 03:26:46,520 --> 03:26:51,829 harmless if we were to hold withhold a CEO certificate of 4339 03:26:51,829 --> 03:26:54,319 occupancy because his 4340 03:26:54,319 --> 03:27:00,069 public improvements have not been completed. What we are 4341 03:27:00,069 --> 03:27:01,840 looking at moving 4342 03:27:01,840 --> 03:27:07,920 toward is basically splitting our current three-way 4343 03:27:07,920 --> 03:27:09,440 development agreement 4344 03:27:09,440 --> 03:27:15,520 into two-way development agreements. One being between the 4345 03:27:15,520 --> 03:27:16,680 city and the 4346 03:27:16,680 --> 03:27:24,760 developer after which we could file the plat. The next one 4347 03:27:24,760 --> 03:27:28,319 you can see filing we 4348 03:27:28,319 --> 03:27:31,229 think we would be able to file that plat much sooner 4349 03:27:31,229 --> 03:27:33,479 several weeks sooner than we 4350 03:27:33,479 --> 03:27:37,579 would if we were to hold plat filing till the developer 4351 03:27:37,579 --> 03:27:39,840 entered into an agreement 4352 03:27:39,840 --> 03:27:42,799 with a contractor. What we would propose is having a 4353 03:27:42,799 --> 03:27:44,319 separate agreement between 4354 03:27:44,319 --> 03:27:49,079 the contractor and the city after which we can have the pre 4355 03:27:49,079 --> 03:27:49,639 -construction 4356 03:27:49,639 --> 03:27:54,829 meetings and get into construction. So that's a recap of 4357 03:27:54,829 --> 03:27:56,760 what we've discussed 4358 03:27:56,760 --> 03:28:00,920 before and so there are some very good questions raised by 4359 03:28:00,920 --> 03:28:02,239 the commissioners at 4360 03:28:02,239 --> 03:28:05,860 the last meeting as well as by the public and I'll list 4361 03:28:05,860 --> 03:28:07,079 some of them here. 4362 03:28:07,079 --> 03:28:13,420 What is a developer's capacity to get bonded? Contractors 4363 03:28:13,420 --> 03:28:14,840 typically do. 4364 03:28:14,840 --> 03:28:18,670 Developers you know there's often smaller entities how 4365 03:28:18,670 --> 03:28:20,200 likely are they able to get 4366 03:28:20,200 --> 03:28:25,930 a bond. What do other cities require and could there be 4367 03:28:25,930 --> 03:28:28,639 guarantees issued to the 4368 03:28:28,639 --> 03:28:33,190 developer and contractors such that the related expense of 4369 03:28:33,190 --> 03:28:34,200 the bond or the 4370 03:28:34,200 --> 03:28:38,450 guarantee is not doubled so it's not redundant because that 4371 03:28:38,450 --> 03:28:38,879 can be an 4372 03:28:38,879 --> 03:28:44,510 appreciable cost. Also would the city consider allowing 4373 03:28:44,510 --> 03:28:45,680 single-family 4374 03:28:45,680 --> 03:28:49,329 residential i.e. houses to be constructed prior to 4375 03:28:49,329 --> 03:28:51,360 completion of the related 4376 03:28:51,360 --> 03:28:56,299 public improvements i.e. would we be willing to issue a 4377 03:28:56,299 --> 03:28:57,319 hold harmless agreement 4378 03:28:57,319 --> 03:29:01,010 for single-family residential as we do for other 4379 03:29:01,010 --> 03:29:03,879 development types. We've done 4380 03:29:03,879 --> 03:29:08,709 quite a bit of research since our last meeting and it's 4381 03:29:08,709 --> 03:29:10,399 still ongoing but we've 4382 03:29:10,399 --> 03:29:13,959 done quite a bit thus far. We've contacted about eight sure 4383 03:29:13,959 --> 03:29:15,600 ty companies, 4384 03:29:15,600 --> 03:29:19,930 various agents, vice presidents of companies got a lot of 4385 03:29:19,930 --> 03:29:20,559 good information 4386 03:29:20,559 --> 03:29:24,709 from them. We've contacted at least nine cities throughout 4387 03:29:24,709 --> 03:29:25,680 the Metroplex and 4388 03:29:25,680 --> 03:29:32,989 Texas and what the surety companies have told us there are 4389 03:29:32,989 --> 03:29:35,040 cases such as the one 4390 03:29:35,040 --> 03:29:41,250 I mentioned a couple weeks ago at our meeting. We do hear 4391 03:29:41,250 --> 03:29:42,959 of cases in 4392 03:29:42,959 --> 03:29:50,670 which sureties issue performance bonds to developers. That 4393 03:29:50,670 --> 03:29:51,799 seems to be less 4394 03:29:51,799 --> 03:29:56,940 common than the case of them issuing those bonds to 4395 03:29:56,940 --> 03:30:00,319 contractors. Basically for 4396 03:30:00,319 --> 03:30:04,600 a surety to issue a performance bond to a developer they 4397 03:30:04,600 --> 03:30:05,920 typically require that 4398 03:30:05,920 --> 03:30:10,719 the developer signs personally. In other words not as a 4399 03:30:10,719 --> 03:30:13,639 newly formed LLC. They've 4400 03:30:13,639 --> 03:30:19,739 got to demonstrate a good fiscal track record. We are 4401 03:30:19,739 --> 03:30:22,200 finding, well we're 4402 03:30:22,200 --> 03:30:25,840 finding from cities and from the surety companies, many 4403 03:30:25,840 --> 03:30:26,959 cities are now 4404 03:30:26,959 --> 03:30:30,770 allowing developers to provide a fiscal guarantee in a form 4405 03:30:30,770 --> 03:30:31,760 other than the 4406 03:30:31,760 --> 03:30:36,020 performance bond. For example in the form of the irrevoc 4407 03:30:36,020 --> 03:30:37,280 able letter of credit from 4408 03:30:37,280 --> 03:30:42,219 a bank or what some cities call a subdivision and 4409 03:30:42,219 --> 03:30:43,319 maintenance bond which 4410 03:30:43,319 --> 03:30:46,950 is similar to performance bonds just names the developer or 4411 03:30:46,950 --> 03:30:47,600 an escrow 4412 03:30:47,600 --> 03:30:51,559 agreement where they put up the money and it's held in 4413 03:30:51,559 --> 03:30:53,520 third-party escrow and 4414 03:30:53,520 --> 03:30:56,639 some many of the sureties actually recommend that the 4415 03:30:56,639 --> 03:30:58,959 cities require that 4416 03:30:58,959 --> 03:31:03,639 the developer provides such a guarantee and they are more 4417 03:31:03,639 --> 03:31:05,239 readily available to 4418 03:31:05,239 --> 03:31:10,750 developers than performance bonds are. That's and that's 4419 03:31:10,750 --> 03:31:12,399 not to say that every 4420 03:31:12,399 --> 03:31:18,479 developer would be able to acquire every such guarantee but 4421 03:31:18,479 --> 03:31:20,079 they they have a 4422 03:31:20,079 --> 03:31:23,340 better chance many of them especially the smaller ones or 4423 03:31:23,340 --> 03:31:24,799 the newer ones have 4424 03:31:24,799 --> 03:31:28,719 more access to these types of alternative guarantees than a 4425 03:31:28,719 --> 03:31:29,239 performance 4426 03:31:29,239 --> 03:31:35,319 bonds. And as far as the feedback we got from other cities 4427 03:31:35,319 --> 03:31:36,840 it's kind of interesting 4428 03:31:36,840 --> 03:31:44,399 there there is no sort of typical sequence or procedure or 4429 03:31:44,399 --> 03:31:46,200 protocol that 4430 03:31:46,200 --> 03:31:49,840 we have encountered. The requirements can vary quite a bit 4431 03:31:49,840 --> 03:31:51,399 from city to city. 4432 03:31:51,399 --> 03:31:55,649 For instance some cities will not file the plat until the 4433 03:31:55,649 --> 03:31:56,760 developer has 4434 03:31:56,760 --> 03:32:03,219 constructed all Israeli public improvements. Some cities do 4435 03:32:03,219 --> 03:32:04,000 not require 4436 03:32:04,000 --> 03:32:07,299 development contracts at all they just simply require the 4437 03:32:07,299 --> 03:32:08,440 developer puts up a 4438 03:32:08,440 --> 03:32:12,579 bond. We're not recommending Denton go down that path but 4439 03:32:12,579 --> 03:32:13,719 it's just kind of 4440 03:32:13,719 --> 03:32:18,709 interesting how different some cities are from each other. 4441 03:32:18,709 --> 03:32:20,680 Many do in our 4442 03:32:20,680 --> 03:32:22,770 research we found many of these cities do offer these 4443 03:32:22,770 --> 03:32:23,959 options that I mentioned 4444 03:32:23,959 --> 03:32:30,040 as to what form the developer guarantee takes. 4445 03:32:30,040 --> 03:32:34,879 Performance bond or subdivision development bond, letter of 4446 03:32:34,879 --> 03:32:36,520 credit, escrow 4447 03:32:36,520 --> 03:32:41,989 account and there's others. There's a couple notable 4448 03:32:41,989 --> 03:32:43,959 examples that I wanted to 4449 03:32:43,959 --> 03:32:52,000 share because they are they are from cities that have some 4450 03:32:52,000 --> 03:32:52,879 some policies that 4451 03:32:52,879 --> 03:32:57,739 are similar to what we're exploring and we're trying to 4452 03:32:57,739 --> 03:32:59,600 make we're hoping could 4453 03:32:59,600 --> 03:33:03,450 work here in Denton and trying to Institute. One is 4454 03:33:03,450 --> 03:33:05,680 Georgetown it's a 4455 03:33:05,680 --> 03:33:08,379 smaller city than Denton but it's growing very quickly and 4456 03:33:08,379 --> 03:33:09,120 the other is 4457 03:33:09,120 --> 03:33:13,219 San Antonio a large city. Georgetown in the Austin area 4458 03:33:13,219 --> 03:33:14,799 they allow the plat to 4459 03:33:14,799 --> 03:33:18,159 be filed prior to the completion of public improvements 4460 03:33:18,159 --> 03:33:20,239 once a fiscal surety 4461 03:33:20,239 --> 03:33:25,399 has been issued. So that can be not just the performance 4462 03:33:25,399 --> 03:33:26,520 bond board that could be 4463 03:33:26,520 --> 03:33:30,049 a trust agreement which I believe is similar to an escrow 4464 03:33:30,049 --> 03:33:30,840 agreement. 4465 03:33:30,840 --> 03:33:35,860 Irrevocable letter of credit or like as I mentioned 4466 03:33:35,860 --> 03:33:40,479 performance bond. This one 4467 03:33:40,479 --> 03:33:46,979 issue or concern or request that was stated at the last 4468 03:33:46,979 --> 03:33:49,319 meeting was would 4469 03:33:49,319 --> 03:33:55,610 there be a way in which the lot home lots could be sold 4470 03:33:55,610 --> 03:33:57,040 this could could this 4471 03:33:57,040 --> 03:33:59,430 be structured such that home lots could be sold prior to 4472 03:33:59,430 --> 03:34:00,399 completion of public 4473 03:34:00,399 --> 03:34:04,879 improvements and this would help facilitate that. In San 4474 03:34:04,879 --> 03:34:07,600 Antonio they 4475 03:34:07,600 --> 03:34:10,399 won't approve the plat until the developer signs the 4476 03:34:10,399 --> 03:34:12,360 performance agreement. 4477 03:34:12,360 --> 03:34:15,659 It's a it's just a short three page agreement and again it 4478 03:34:15,659 --> 03:34:16,239 's by the 4479 03:34:16,239 --> 03:34:19,209 developer and it ensures that they complete the public 4480 03:34:19,209 --> 03:34:21,840 improvements. They 4481 03:34:21,840 --> 03:34:25,489 will allow for an approved plat to be filed before the 4482 03:34:25,489 --> 03:34:27,159 public improvements are 4483 03:34:27,159 --> 03:34:29,940 completed if the developer provides his guarantee within 4484 03:34:29,940 --> 03:34:30,920 three years of plat 4485 03:34:30,920 --> 03:34:34,649 approval. So again that's and they like Georgetown and 4486 03:34:34,649 --> 03:34:36,479 others allow options 4487 03:34:36,479 --> 03:34:40,719 performance bonds, irrevocable trust agreement, 4488 03:34:40,719 --> 03:34:45,319 standby letter of credit, cashier's check being some 4489 03:34:45,319 --> 03:34:48,079 examples. And they 4490 03:34:48,079 --> 03:34:56,340 informed us that they they get the developers that they 4491 03:34:56,340 --> 03:34:57,600 deal with they 4492 03:34:57,600 --> 03:35:01,200 find that about half the time the developers prefer to the 4493 03:35:01,200 --> 03:35:01,879 defer the 4494 03:35:01,879 --> 03:35:07,280 construction a little bit and but are anxious to get the 4495 03:35:07,280 --> 03:35:09,200 plat filed and I 4496 03:35:09,200 --> 03:35:13,120 think mainly that's for two reasons. One is because often a 4497 03:35:13,120 --> 03:35:14,600 developers financing 4498 03:35:14,600 --> 03:35:19,659 is tied to the milestone of plat approval or plat filing 4499 03:35:19,659 --> 03:35:22,040 and then also in 4500 03:35:22,040 --> 03:35:28,969 many cases they would like to start selling lots that are 4501 03:35:28,969 --> 03:35:31,719 that are planted. 4502 03:35:31,719 --> 03:35:41,200 So basically I wanted to I propose coming back to you one 4503 03:35:41,200 --> 03:35:42,280 more time if that 4504 03:35:42,280 --> 03:35:46,530 would be all right on October 11th so maybe we could I 4505 03:35:46,530 --> 03:35:48,040 suggest a continuance 4506 03:35:48,040 --> 03:35:52,520 tonight. I wanted to give you a high-level 4507 03:35:53,000 --> 03:35:58,420 presentation on responses to your questions what we found 4508 03:35:58,420 --> 03:35:59,879 in our research 4509 03:35:59,879 --> 03:36:06,520 in a nutshell we do our findings are such that I think we 4510 03:36:06,520 --> 03:36:08,840 can I think we can 4511 03:36:08,840 --> 03:36:11,819 and should continue on the path we're on as far as what we 4512 03:36:11,819 --> 03:36:12,959 're looking to do it 4513 03:36:12,959 --> 03:36:18,340 does appear to be feasible. We will be working very closely 4514 03:36:18,340 --> 03:36:19,479 with legal and 4515 03:36:19,479 --> 03:36:25,690 others as we finalize this and the actual contract and bond 4516 03:36:25,690 --> 03:36:26,760 forms are 4517 03:36:26,760 --> 03:36:32,840 prepared and revised and I I would ask that I be able to 4518 03:36:32,840 --> 03:36:33,879 make one more 4519 03:36:33,879 --> 03:36:37,069 presentation to you in another continuance to the public 4520 03:36:37,069 --> 03:36:37,959 hearing at the 4521 03:36:37,959 --> 03:36:46,319 October 11th meeting. One other issue or question I wanted 4522 03:36:46,319 --> 03:36:47,719 to address or perhaps 4523 03:36:47,719 --> 03:36:50,940 more than anything tonight just discuss and explore a bit 4524 03:36:50,940 --> 03:36:52,879 more is there was a 4525 03:36:52,879 --> 03:36:57,459 there's a question from from the PNZ at the last at the 4526 03:36:57,459 --> 03:36:59,760 last meeting about or a 4527 03:36:59,760 --> 03:37:05,030 request that we consider in our amending in our process of 4528 03:37:05,030 --> 03:37:07,079 amending the code that 4529 03:37:07,079 --> 03:37:12,790 we consider allowing or issuing hold harmless agreements 4530 03:37:12,790 --> 03:37:13,520 again that's the 4531 03:37:13,520 --> 03:37:18,440 allowing the simultaneous private and public improvements 4532 03:37:18,440 --> 03:37:20,760 to be constructed 4533 03:37:20,760 --> 03:37:24,319 for single-family residential which is currently the type 4534 03:37:24,319 --> 03:37:25,440 of development we 4535 03:37:25,440 --> 03:37:29,069 don't allow it for per our code. I've discussed that some 4536 03:37:29,069 --> 03:37:30,479 here internally with 4537 03:37:30,479 --> 03:37:34,299 our managers in our building inspections department in our 4538 03:37:34,299 --> 03:37:34,959 public works 4539 03:37:34,959 --> 03:37:39,059 inspection department it hasn't been has it doesn't seem 4540 03:37:39,059 --> 03:37:40,200 like it's been a 4541 03:37:40,200 --> 03:37:45,909 request that we receive frequently but I wanted to hear in 4542 03:37:45,909 --> 03:37:47,440 our public hearing 4543 03:37:47,440 --> 03:37:51,129 maybe can request that we open up for a little more 4544 03:37:51,129 --> 03:37:54,360 discussion tonight as to what 4545 03:37:54,360 --> 03:38:01,120 the concerns are there or what what is hoped to be achieved 4546 03:38:01,120 --> 03:38:04,200 . I'll take the help 4547 03:38:04,200 --> 03:38:11,110 in the room. My question was just simply in bringing this 4548 03:38:11,110 --> 03:38:12,159 question up is we allow 4549 03:38:12,159 --> 03:38:15,629 it in other applications we allow it in commercial projects 4550 03:38:15,629 --> 03:38:16,120 we allow it 4551 03:38:16,120 --> 03:38:18,959 multifamily and the question is why don't we allow it in 4552 03:38:18,959 --> 03:38:19,360 single-family 4553 03:38:19,360 --> 03:38:24,989 residential. I think there was some initial conversation 4554 03:38:24,989 --> 03:38:26,440 about the timing of 4555 03:38:26,440 --> 03:38:29,870 it and and I think it if it's going to be considered it 4556 03:38:29,870 --> 03:38:30,760 would be under and 4557 03:38:30,760 --> 03:38:33,229 fall under the same exact rules that it applies with 4558 03:38:33,229 --> 03:38:34,719 commercial and multifamily 4559 03:38:34,719 --> 03:38:39,479 is until the streets or concrete or asphalt whatever they 4560 03:38:39,479 --> 03:38:41,079 are just like with 4561 03:38:41,079 --> 03:38:44,440 multifamily and commercial you can't go out there and begin 4562 03:38:44,440 --> 03:38:45,319 doing construction 4563 03:38:45,319 --> 03:38:49,370 that it's a fire ingress egress fire marshal type of an 4564 03:38:49,370 --> 03:38:51,319 issue and it just 4565 03:38:51,319 --> 03:38:54,319 looks to me like there's an opportunity if the city is open 4566 03:38:54,319 --> 03:38:55,280 to that and feels 4567 03:38:55,280 --> 03:38:59,559 comfortable with it that as residential subdivisions are 4568 03:38:59,559 --> 03:39:00,600 finishing up just like 4569 03:39:00,600 --> 03:39:04,579 with commercial and multifamily developments that there 4570 03:39:04,579 --> 03:39:05,360 would be an 4571 03:39:05,360 --> 03:39:08,950 opportunity for the builders that are going to be building 4572 03:39:08,950 --> 03:39:10,040 those homes to come 4573 03:39:10,040 --> 03:39:12,629 in and pull permits and begin construction while you're 4574 03:39:12,629 --> 03:39:13,319 finishing up 4575 03:39:13,319 --> 03:39:18,059 the last items that are on the punch list for substantial 4576 03:39:18,059 --> 03:39:20,399 completion the city 4577 03:39:20,399 --> 03:39:23,579 gets all the funds for the building permits all the impact 4578 03:39:23,579 --> 03:39:24,159 fees upon 4579 03:39:24,159 --> 03:39:28,620 permitting so instead of the city having to wait another 4580 03:39:28,620 --> 03:39:30,639 number of months for 4581 03:39:30,639 --> 03:39:34,840 those substantial completion punch list to be completed 4582 03:39:34,840 --> 03:39:36,360 permits can be issued 4583 03:39:36,360 --> 03:39:40,610 city collects the fees the revenue builders get started the 4584 03:39:40,610 --> 03:39:41,239 homes aren't 4585 03:39:41,239 --> 03:39:44,920 ready to be occupied typically for four to six months 4586 03:39:44,920 --> 03:39:46,120 construction depending on 4587 03:39:46,120 --> 03:39:48,819 what time you know how large the home is and how long it 4588 03:39:48,819 --> 03:39:50,799 takes to build it so it 4589 03:39:50,799 --> 03:39:53,489 just seemed like it's a little bit of an efficiency area 4590 03:39:53,489 --> 03:39:54,680 that we could take a 4591 03:39:54,680 --> 03:39:59,850 look at that city gets revenue sooner homes start being 4592 03:39:59,850 --> 03:40:02,040 built sooner and you 4593 03:40:02,040 --> 03:40:05,329 have a time frame instead of residential dirt is sitting 4594 03:40:05,329 --> 03:40:06,600 there trying to get 4595 03:40:06,600 --> 03:40:09,159 completed before you can ever begin and then you've got a 4596 03:40:09,159 --> 03:40:10,040 four or six month 4597 03:40:10,040 --> 03:40:14,180 construction period to even ask for a final inspection or 4598 03:40:14,180 --> 03:40:15,559 CEO that some of that 4599 03:40:15,559 --> 03:40:19,290 can be done concurrently so it was just a question because 4600 03:40:19,290 --> 03:40:20,319 I know we allow it in 4601 03:40:20,319 --> 03:40:24,520 other areas is if there was a particular concern or reason 4602 03:40:24,520 --> 03:40:26,760 why single family is 4603 03:40:26,760 --> 03:40:30,639 singled out and not allowed to do that when we allow it in 4604 03:40:30,639 --> 03:40:32,239 other places as long 4605 03:40:32,239 --> 03:40:35,610 as under the same rules as far as fire safety and access 4606 03:40:35,610 --> 03:40:36,840 and all those same 4607 03:40:36,840 --> 03:40:39,959 types of things that have to be in place for commercial and 4608 03:40:39,959 --> 03:40:41,159 multifamily so it was 4609 03:40:41,159 --> 03:40:44,590 more of a question and a suggestion looking at all parties 4610 03:40:44,590 --> 03:40:45,639 involved city 4611 03:40:45,639 --> 03:40:50,950 revenue piece of it developer home builder as to how those 4612 03:40:50,950 --> 03:40:52,760 things might be 4613 03:40:52,760 --> 03:40:56,739 looked at from an efficiency standpoint is how can we make 4614 03:40:56,739 --> 03:40:58,200 it more efficient and 4615 03:40:58,200 --> 03:41:01,360 it's still a win-win for everybody that was my point in 4616 03:41:01,360 --> 03:41:02,719 bringing it up thank you 4617 03:41:02,719 --> 03:41:06,479 chairman that's that's very helpful we will we will 4618 03:41:06,479 --> 03:41:08,440 continue to explore that 4619 03:41:08,440 --> 03:41:13,709 internally and report back to you to the Commission on that 4620 03:41:13,709 --> 03:41:16,200 I think our initial 4621 03:41:16,200 --> 03:41:20,590 thought or I guess the thing that first comes to mind is 4622 03:41:20,590 --> 03:41:22,719 thinking of say a 4623 03:41:22,719 --> 03:41:26,190 subdivision a large subdivision with a network of streets 4624 03:41:26,190 --> 03:41:27,479 and our utilities are 4625 03:41:27,479 --> 03:41:31,579 under the streets that typically typically the sequence of 4626 03:41:31,579 --> 03:41:32,600 construction 4627 03:41:32,600 --> 03:41:35,719 for the public improvements would typically be the grading 4628 03:41:35,719 --> 03:41:36,399 of the streets 4629 03:41:36,399 --> 03:41:40,000 the utility installation the then the pouring of the 4630 03:41:40,000 --> 03:41:41,760 streets and the curing of 4631 03:41:41,760 --> 03:41:48,399 the streets and not and fairly in fairly soon after that 4632 03:41:48,399 --> 03:41:50,079 the project would 4633 03:41:50,079 --> 03:41:54,559 typically be accepted but I understand your point about 4634 03:41:54,559 --> 03:41:56,440 there is always with 4635 03:41:56,440 --> 03:42:02,520 every project a time period of sort of finish up takes 4636 03:42:02,520 --> 03:42:04,040 longer for some yeah 4637 03:42:04,040 --> 03:42:08,600 longer than everyone wants I realize that and in that time 4638 03:42:08,600 --> 03:42:09,799 being that the 4639 03:42:09,799 --> 03:42:15,879 streets are be poured and cured and everything just I you 4640 03:42:15,879 --> 03:42:16,719 know I could see 4641 03:42:16,719 --> 03:42:21,120 how this the lots could be accessed for private 4642 03:42:21,120 --> 03:42:22,440 construction so we will continue 4643 03:42:22,440 --> 03:42:25,329 to explore that and get back to you and again I appreciate 4644 03:42:25,329 --> 03:42:26,399 the clarification 4645 03:42:26,399 --> 03:42:30,719 thanks for entertaining the question and doing some 4646 03:42:30,719 --> 03:42:34,159 research on it the next steps 4647 03:42:34,159 --> 03:42:39,620 for for the staff is to generate the revised development 4648 03:42:39,620 --> 03:42:42,000 contract forms and 4649 03:42:42,000 --> 03:42:46,450 related bond forms or forms of the guarantee I'll be 4650 03:42:46,450 --> 03:42:47,399 working with closely 4651 03:42:47,399 --> 03:42:52,840 with legal department as we as we finalize those and to 4652 03:42:52,840 --> 03:42:54,479 decide upon the 4653 03:42:54,479 --> 03:42:57,389 allowable forms the guarantee would we allow all the 4654 03:42:57,389 --> 03:42:59,000 options that mentioned that 4655 03:42:59,000 --> 03:43:04,270 that other cities allow that's something we'll be looking 4656 03:43:04,270 --> 03:43:07,200 at in depth and then as 4657 03:43:07,200 --> 03:43:10,040 I mentioned we will be presenting that at a future public 4658 03:43:10,040 --> 03:43:10,639 hearing they'll be 4659 03:43:10,639 --> 03:43:15,860 you know the one on anticipating on the 11th for PNC we 4660 03:43:15,860 --> 03:43:16,799 have one that's 4661 03:43:16,799 --> 03:43:22,299 currently been advertised on October 17th for City Council 4662 03:43:22,299 --> 03:43:23,920 that's the extent 4663 03:43:23,920 --> 03:43:27,739 of my presentation I'd be happy to answer any further 4664 03:43:27,739 --> 03:43:29,319 questions 4665 03:43:31,000 --> 03:43:35,739 okay well I know we're gonna need to get a motion on the 4666 03:43:35,739 --> 03:43:37,159 floor and I just make a 4667 03:43:37,159 --> 03:43:42,790 quick comment before we get a motion I'm like the fact that 4668 03:43:42,790 --> 03:43:44,680 city staff has taken 4669 03:43:44,680 --> 03:43:50,149 a look of adding flexibility I think that's a great 4670 03:43:50,149 --> 03:43:51,799 attribute that we should 4671 03:43:51,799 --> 03:43:55,459 take a look at is trying to figure out ways and giving 4672 03:43:55,459 --> 03:43:57,760 people options to be to 4673 03:43:57,760 --> 03:44:01,409 meet and be compliant with our code rather than there's one 4674 03:44:01,409 --> 03:44:02,440 way that you can 4675 03:44:02,440 --> 03:44:06,840 do it because one way doesn't work for every project and so 4676 03:44:06,840 --> 03:44:08,399 I want to come in 4677 03:44:08,399 --> 03:44:11,690 staff or take a look at the options and doing the research 4678 03:44:11,690 --> 03:44:12,920 and trying to come up 4679 03:44:12,920 --> 03:44:17,870 with a plan that's not a one-size-fits-all that gives 4680 03:44:17,870 --> 03:44:18,559 people some 4681 03:44:18,559 --> 03:44:22,299 flexibility and some opportunity to look at other ways to 4682 03:44:22,299 --> 03:44:23,799 meet our code so I 4683 03:44:23,799 --> 03:44:27,700 appreciate the effort because I think that's the direction 4684 03:44:27,700 --> 03:44:28,639 that our city 4685 03:44:28,639 --> 03:44:32,920 should go in is finding ways to be creative and flexibility 4686 03:44:32,920 --> 03:44:34,040 in working with 4687 03:44:34,040 --> 03:44:37,569 the development community just to be able to make some of 4688 03:44:37,569 --> 03:44:38,760 these projects go 4689 03:44:38,760 --> 03:44:41,870 a little smoother get done quicker less costly for people 4690 03:44:41,870 --> 03:44:43,120 and then there's more 4691 03:44:43,120 --> 03:44:46,100 room sometimes in those projects to provide amenities to 4692 03:44:46,100 --> 03:44:48,200 our city versus 4693 03:44:48,200 --> 03:44:51,579 some of those opportunities get lost because of ineffic 4694 03:44:51,579 --> 03:44:52,360 iencies and 4695 03:44:52,360 --> 03:44:57,149 additional cost that that money could be better used it 4696 03:44:57,149 --> 03:44:59,159 benefits other parties 4697 03:44:59,159 --> 03:45:04,450 and specifically the city that those funds get freed up so 4698 03:45:04,450 --> 03:45:05,719 with that I'm 4699 03:45:05,719 --> 03:45:09,819 gonna look for a motion for continuance Commissioner Smith 4700 03:45:09,819 --> 03:45:11,159 thank you chair thank 4701 03:45:11,159 --> 03:45:13,129 you mr. Jinks for your presentation and thank you for the 4702 03:45:13,129 --> 03:45:13,879 hard work on this I 4703 03:45:13,879 --> 03:45:17,459 make a motion to accept the request for the city staff for 4704 03:45:17,459 --> 03:45:18,739 a continuance on the 4705 03:45:18,739 --> 03:45:24,010 subject to the October 11th P&Z meeting okay commissioner 4706 03:45:24,010 --> 03:45:27,159 back approved second 4707 03:45:29,040 --> 03:45:34,799 we we have a first and a second for continuance to October 4708 03:45:34,799 --> 03:45:36,680 11th seeing no 4709 03:45:36,680 --> 03:45:41,829 further discussion we'll call for a vote on board the 4710 03:45:41,829 --> 03:45:49,200 motion to continue carry 4711 03:45:49,200 --> 03:45:53,709 seven to zero that will take us to our final item this 4712 03:45:53,709 --> 03:45:55,979 evening our project 4713 03:45:55,979 --> 03:46:04,700 matrix mr. chair yes I just want to keep can we get a 4714 03:46:04,700 --> 03:46:05,879 clarification in the 4715 03:46:05,879 --> 03:46:09,750 minutes that it's not a motion to approve as stated on the 4716 03:46:09,750 --> 03:46:10,739 agenda it's a 4717 03:46:10,739 --> 03:46:14,500 motion to approve the continuance and we'll have to modify 4718 03:46:14,500 --> 03:46:15,559 that in the minute 4719 03:46:15,559 --> 03:46:21,309 okay thank you legal for the clarification commissioner 4720 03:46:21,309 --> 03:46:22,799 Ellis thank 4721 03:46:22,799 --> 03:46:25,739 you chair we're on the matrix right yes okay thank you that 4722 03:46:25,739 --> 03:46:28,500 's what I figured so 4723 03:46:28,500 --> 03:46:30,930 I'm just gonna be a broken record and talk about signage 4724 03:46:30,930 --> 03:46:31,440 and these 4725 03:46:31,440 --> 03:46:37,040 notifications and that did we change anything I mean when I 4726 03:46:37,040 --> 03:46:38,600 drove by the lot 4727 03:46:38,600 --> 03:46:42,350 that we had a lot of discussion on today on Janney Street 4728 03:46:42,350 --> 03:46:43,479 there was no sign 4729 03:46:43,479 --> 03:46:46,840 anywhere on that piece of property that talked about a 4730 03:46:46,840 --> 03:46:48,079 public hearing for a 4731 03:46:48,079 --> 03:46:51,950 zoning change with regard to the property on McKinney still 4732 03:46:51,950 --> 03:46:52,639 the teeny 4733 03:46:52,639 --> 03:46:55,780 tiny little sign that you can't read so where are we 4734 03:46:55,780 --> 03:46:58,079 particularly with creating 4735 03:46:58,079 --> 03:47:01,610 some kind of a notice on this property that can be read 4736 03:47:01,610 --> 03:47:03,280 when you're going 50 4737 03:47:03,280 --> 03:47:09,000 miles an hour down a road I'll address that sure the 4738 03:47:09,000 --> 03:47:11,399 schedule is starting on 4739 03:47:11,399 --> 03:47:17,120 October 1st we went to City Council and we adopted an 4740 03:47:17,120 --> 03:47:19,479 ordinance to adjust the 4741 03:47:19,479 --> 03:47:23,680 fee so that was first and then with that we wanted to 4742 03:47:23,680 --> 03:47:25,799 market the fee change and 4743 03:47:25,799 --> 03:47:31,219 also the sign posting new sign size and where they posted 4744 03:47:31,219 --> 03:47:32,639 as well so we can do 4745 03:47:32,639 --> 03:47:36,299 that concurrently with the sign ordinance that was just 4746 03:47:36,299 --> 03:47:37,159 passed or the 4747 03:47:37,159 --> 03:47:41,129 fee ordinance that was just passed so starting October 1st 4748 03:47:41,129 --> 03:47:42,239 we see new signs 4749 03:47:42,239 --> 03:47:44,809 this we have to do something right so we right now we're 4750 03:47:44,809 --> 03:47:46,440 currently advertising 4751 03:47:46,440 --> 03:47:49,649 this to applicants so that they know in advance and so that 4752 03:47:49,649 --> 03:47:50,600 they're not caught 4753 03:47:50,600 --> 03:47:53,629 off guard that they have to post these signs they are going 4754 03:47:53,629 --> 03:47:54,200 to be responsible 4755 03:47:54,200 --> 03:47:58,600 for obtaining as well as posting these signs from here 4756 03:47:58,600 --> 03:48:00,559 forward from October 1st 4757 03:48:00,559 --> 03:48:05,090 forward of anything that is correct so so what are 4758 03:48:05,090 --> 03:48:06,399 applications we get you know 4759 03:48:06,399 --> 03:48:10,319 starting October 1st these individuals will know in advance 4760 03:48:10,319 --> 03:48:11,559 that they will have 4761 03:48:11,559 --> 03:48:13,920 to post signs with that's hopefully you'll see okay so 4762 03:48:13,920 --> 03:48:14,959 anything prior is 4763 03:48:14,959 --> 03:48:18,500 correct would not so hopefully in a month you'll see some 4764 03:48:18,500 --> 03:48:19,760 signs that are much 4765 03:48:19,760 --> 03:48:23,440 larger than what we currently have okay excellent thank you 4766 03:48:23,440 --> 03:48:25,959 good question 4767 03:48:26,079 --> 03:48:34,420 anybody else okay thank you everyone with that I will close 4768 03:48:34,420 --> 03:48:35,040 our meeting this 4769 03:48:35,040 --> 03:48:39,840 evening at 925 thank you everyone