WEBVTT 00:00:00.000 --> 00:00:05.200 Zoning Commission work session for September the 27th 2017. 00:00:05.200 --> 00:00:06.540 This meeting's 00:00:06.540 --> 00:00:09.359 been duly posted and we do have a quorum present and I will 00:00:09.359 --> 00:00:10.439 call us to order at 00:00:10.439 --> 00:00:15.400 5 o 2 and at this time I will turn the meeting over to Ron 00:00:15.400 --> 00:00:16.559 for clarification 00:00:16.559 --> 00:00:21.519 of agenda items. Thank you chair. Before we get to the 00:00:21.519 --> 00:00:22.559 clarification for agenda 00:00:22.559 --> 00:00:26.660 items I wanted to take a few moments to introduce some 00:00:26.660 --> 00:00:29.039 staff members. First one 00:00:29.039 --> 00:00:33.719 is Scott McDonald our interim director of development 00:00:33.719 --> 00:00:35.560 services and then I'm 00:00:35.560 --> 00:00:41.420 gonna have Jerry introduce Victor since he... Sure from 00:00:41.420 --> 00:00:42.679 down in the proud city of 00:00:42.679 --> 00:00:48.759 McAllen Texas Victor Flores joins us as a deputy city 00:00:48.759 --> 00:00:53.719 attorney. Okay so the first 00:00:53.719 --> 00:00:58.990 one is a plaque and I'm gonna have Julie come up and make 00:00:58.990 --> 00:01:01.799 that presentation. 00:01:06.120 --> 00:01:09.359 Hey Julie before you get started I'm gonna need to recuse 00:01:09.359 --> 00:01:10.879 myself on this 00:01:10.879 --> 00:01:15.920 item A and since it's a consent agenda I'll probably just 00:01:15.920 --> 00:01:17.599 stay out of the next 00:01:17.599 --> 00:01:21.349 item as well just hopefully it'll go quickly and then I was 00:01:21.349 --> 00:01:21.879 going to ask 00:01:21.879 --> 00:01:25.640 because I have a second item which is unusual to have this 00:01:25.640 --> 00:01:26.640 many for me but 00:01:26.640 --> 00:01:30.109 item B I'll need to recuse myself on that so if you all 00:01:30.109 --> 00:01:31.920 want to take that in 00:01:31.920 --> 00:01:35.599 out of order and just follow the consent agenda and I'll 00:01:35.599 --> 00:01:37.040 just recuse myself for 00:01:37.040 --> 00:01:39.500 both of those items then come back so we don't have to do 00:01:39.500 --> 00:01:40.640 musical chairs of me 00:01:40.640 --> 00:01:46.640 here and gone and back and forth if that's okay. Yes. 00:01:51.920 --> 00:02:01.680 All right so this is a preliminary plot for a single-family 00:02:01.680 --> 00:02:05.120 residential 00:02:05.120 --> 00:02:11.199 subdivision it's Evers way it it is located on North Locust 00:02:11.199 --> 00:02:12.840 and this will be 00:02:12.840 --> 00:02:12.840 Hercules Lane and I'll stand for any questions that you 00:02:12.840 --> 00:02:20.000 have. 00:02:21.879 --> 00:02:24.879 Commissioner Sanchez. 00:02:41.879 --> 00:02:42.520 I'm gonna I'm gonna call Jim Jinx up with DRC engineering 00:02:42.520 --> 00:02:46.240 he can more fully 00:02:46.240 --> 00:02:49.319 explain here. Tristan Trail well you have Tristan Trail 00:02:49.319 --> 00:02:50.199 that's a that's a road 00:02:50.199 --> 00:02:54.000 straight right that goes lead right into Hercules okay okay 00:02:54.000 --> 00:02:55.039 I just wasn't sure 00:02:55.039 --> 00:02:57.930 because it also called it so all your utilities are coming 00:02:57.930 --> 00:02:58.759 on that on that 00:02:58.759 --> 00:03:03.870 road because I believe it called it an easement utility eas 00:03:03.870 --> 00:03:04.280 ement. 00:03:04.280 --> 00:03:07.199 I see a label for four foot electrical easement looks like 00:03:07.199 --> 00:03:08.280 it's just outside. 00:03:08.280 --> 00:03:11.080 Just outside. Joe can I ask you to go to the mic. 00:03:11.080 --> 00:03:14.650 Keep forgetting. Okay there's a four foot electrical eas 00:03:14.650 --> 00:03:16.840 ement just outside of each 00:03:16.840 --> 00:03:20.680 right of way and then typically for the city utilities 00:03:20.680 --> 00:03:22.840 water sewer storm typical 00:03:22.840 --> 00:03:27.469 sections those are within the street right of way. Okay 00:03:27.469 --> 00:03:27.560 okay. 00:03:31.840 --> 00:03:36.000 Commissioner Beck. Thank you Mr. Chair. Just along the same 00:03:36.000 --> 00:03:38.120 line Jim then when they start 00:03:38.120 --> 00:03:43.240 this development Hercules will be linked from where it ends 00:03:43.240 --> 00:03:44.879 there Locust over into 00:03:44.879 --> 00:03:47.849 that housing development you'll be able to take Hercules 00:03:47.849 --> 00:03:49.639 all the way from near 00:03:49.639 --> 00:03:54.379 Discovery Park to Sherman Drive. Would that be a good guess 00:03:54.379 --> 00:03:59.240 ? This Evers way does 00:03:59.240 --> 00:04:03.939 not reach it by itself it does not reach far enough west to 00:04:03.939 --> 00:04:05.240 connect to the 00:04:05.240 --> 00:04:15.020 existing Hercules. It would connect to it would connect to 00:04:15.020 --> 00:04:16.240 Locust. 00:04:17.759 --> 00:04:21.600 We are going to widen we're going to take Hercules at least 00:04:21.600 --> 00:04:22.360 the length of the 00:04:22.360 --> 00:04:28.649 developer. Yes yes and we are in talks with the developer 00:04:28.649 --> 00:04:31.000 this this property as 00:04:31.000 --> 00:04:35.209 well as the adjacent property to the north whose frontage 00:04:35.209 --> 00:04:36.399 does extend further 00:04:36.399 --> 00:04:43.490 west and trying to work out an arrangement whereby the full 00:04:43.490 --> 00:04:44.360 width of 00:04:44.360 --> 00:04:46.980 Hercules is built the whole way for that connection. When 00:04:46.980 --> 00:04:47.879 they're working on this 00:04:47.879 --> 00:04:51.379 development? Yeah. As opposed to waiting for that area on 00:04:51.379 --> 00:04:52.240 the north. That's all 00:04:52.240 --> 00:04:56.339 that's a sort of all being discussed right now yeah and 00:04:56.339 --> 00:04:57.519 there are more or 00:04:57.519 --> 00:05:00.360 less at this point along with the DME substation kind of 00:05:00.360 --> 00:05:01.560 coming in the process 00:05:01.560 --> 00:05:06.959 together which is good. Okay thanks. 00:05:12.920 --> 00:05:17.910 Yes sir. I have another question. Commissioner Sanchez. Oh 00:05:17.910 --> 00:05:21.759 okay. On the here on the right side you have 00:05:21.759 --> 00:05:28.399 a two what is it? Can you pick it up a little bit? What's 00:05:28.399 --> 00:05:29.199 the name of that street? 00:05:29.199 --> 00:05:35.519 Locust. Go up a little bit. Oh this way? Yeah. Yes sir. 21 00:05:35.519 --> 00:05:37.800 64 and then you have 00:05:37.800 --> 00:05:42.970 Skeleton Street that comes it's inside that that subdiv 00:05:42.970 --> 00:05:45.240 ision is and I'm just 00:05:45.240 --> 00:05:48.829 curious it's becomes the exit is going to be where though 00:05:48.829 --> 00:05:49.439 the existing 00:05:49.439 --> 00:05:59.279 subdivision is it seems like is that correct? On to 2164? 00:06:02.279 --> 00:06:08.970 I was just curious. Okay it comes all the way down here. 00:06:08.970 --> 00:06:12.839 Okay right here. Okay. 00:06:12.839 --> 00:06:16.199 It seems like there's and I don't know if this if it's pert 00:06:16.199 --> 00:06:17.360 inent but it seems 00:06:17.360 --> 00:06:20.779 like that whole subdivision that they're building they're 00:06:20.779 --> 00:06:21.480 gonna have to come all 00:06:21.480 --> 00:06:25.800 the way down here is there is it pertinent to even ask if 00:06:25.800 --> 00:06:26.360 there should be 00:06:26.360 --> 00:06:32.120 another entry into 2164 so that it's all the all the 00:06:32.120 --> 00:06:33.360 traffic from this 00:06:33.360 --> 00:06:39.069 neighborhood it only has two exits and I'm just I don't 00:06:39.069 --> 00:06:40.680 know if that's part of 00:06:40.680 --> 00:06:46.990 this project would involve the connection of Hercules to 21 00:06:46.990 --> 00:06:48.959 64 and then 00:06:48.959 --> 00:06:51.839 they have an entrance shown off Hercules that Tristan Road. 00:06:51.839 --> 00:06:52.480 Right there's that exit 00:06:52.480 --> 00:06:55.839 right there going into Hercules and then the other one 00:06:55.839 --> 00:06:57.720 comes down Skeleton 00:06:57.720 --> 00:07:02.250 Road all the way down right and it comes in that that's a 00:07:02.250 --> 00:07:03.420 subdivision already 00:07:03.420 --> 00:07:07.670 exists so what I was my question is it seems like there's a 00:07:07.670 --> 00:07:09.000 lot of homes there 00:07:09.000 --> 00:07:12.160 you didn't have to go up to Hercules or have to come all 00:07:12.160 --> 00:07:14.459 the way down to exit 00:07:14.459 --> 00:07:19.560 out of that subdivision. I'm just curious. Can you explain 00:07:19.560 --> 00:07:22.879 the separation for roads 00:07:22.879 --> 00:07:27.319 and driveways for a subdivision? It seems like Mr. Sanchez 00:07:27.319 --> 00:07:28.560 is asking if there 00:07:28.560 --> 00:07:33.019 should there be a another entrance exit for this subdiv 00:07:33.019 --> 00:07:36.040 ision on 2164? 00:07:36.040 --> 00:07:43.240 Well I can tell you we've been in discussion with the 00:07:43.240 --> 00:07:44.680 applicant about a 00:07:44.680 --> 00:07:47.990 TIA to look at issues like that and you look at issues like 00:07:47.990 --> 00:07:51.279 turn lanes and to 00:07:51.279 --> 00:07:56.089 see what configuration would would work best. Some of that 00:07:56.089 --> 00:07:58.399 is not resolved here 00:07:58.399 --> 00:08:01.399 at the point of pruning plat and we don't really feel it 00:08:01.399 --> 00:08:02.279 has to be but it's 00:08:02.279 --> 00:08:04.709 certainly my final plat and it will be and we're in 00:08:04.709 --> 00:08:06.120 frequent discussions with 00:08:06.120 --> 00:08:10.889 the applicant about that with those concerns in mind. 00:08:10.889 --> 00:08:15.800 Commissioner Smith. 00:08:15.800 --> 00:08:21.189 Thank you Vice Chair. There is a response form with a woman 00:08:21.189 --> 00:08:22.040 who did request 00:08:22.040 --> 00:08:24.990 that she does not wish to sell. Can you give me quick 00:08:24.990 --> 00:08:26.920 clarification? Is there 00:08:26.920 --> 00:08:30.389 is there a purchasing happening here? That has to miss 00:08:30.389 --> 00:08:31.399 information on that. That 00:08:31.399 --> 00:08:33.809 actually has to do with one of the zoning cases that will 00:08:33.809 --> 00:08:34.559 be coming up. It 00:08:34.559 --> 00:08:44.000 lines up with I'm sorry it does. You're right. Apologies. 00:08:44.000 --> 00:08:47.879 Any other questions? Commissioner Sanchez. 00:08:47.879 --> 00:08:53.620 At the bottom you have what there I guess the right what do 00:08:53.620 --> 00:08:54.320 they call that? 00:08:54.320 --> 00:08:59.919 I can't I don't know. The water right there where those 00:08:59.919 --> 00:09:01.919 dotted lines are? Right 00:09:01.919 --> 00:09:05.899 here? A little bit to the left. Oh right here? Is that you 00:09:05.899 --> 00:09:07.240 have I guess some some 00:09:07.240 --> 00:09:10.200 ponds there, settlement ponds or something for that 00:09:10.200 --> 00:09:12.080 currently exist for 00:09:12.080 --> 00:09:17.899 the drainage? Is that is that correct? This is a drainage 00:09:17.899 --> 00:09:19.600 Eastman. Okay is that 00:09:19.600 --> 00:09:25.320 is that part of what was going to help the previous the McC 00:09:25.320 --> 00:09:27.440 amey Evers 00:09:27.440 --> 00:09:31.159 phase one and how is that going to affect if you if you get 00:09:31.159 --> 00:09:32.360 rid of those how 00:09:32.360 --> 00:09:36.500 are you going to take care of the drainage in that area in 00:09:36.500 --> 00:09:37.279 the other 00:09:37.279 --> 00:09:43.009 subdivision? I was assuming that's why they built those. I 00:09:43.009 --> 00:09:44.840 am not sure offhand 00:09:44.840 --> 00:09:52.429 what is in that easement now but there is a detention pond 00:09:52.429 --> 00:09:53.600 for McCamey Evers 00:09:53.600 --> 00:09:56.879 phase one down near their southern or southeast property 00:09:56.879 --> 00:10:00.480 corner and then we 00:10:00.480 --> 00:10:08.019 would be I believe that the drainage layout for phase two 00:10:08.019 --> 00:10:09.759 here basically 00:10:09.759 --> 00:10:16.159 connects to storm sewers that stub to the north property 00:10:16.159 --> 00:10:17.240 line of phase one 00:10:17.240 --> 00:10:21.250 that that would be tied to. So coming down the street I 00:10:21.250 --> 00:10:23.080 think Skeleton Way is 00:10:23.080 --> 00:10:29.960 one such street and as well as the Doris Drive here is my 00:10:29.960 --> 00:10:33.480 recollection. Okay. To 00:10:33.480 --> 00:10:35.539 clarify this is the preliminary plat so once this all gets 00:10:35.539 --> 00:10:36.159 vetted there'll be a 00:10:36.159 --> 00:10:40.120 final plat coming back to us for final approval? Yes. Okay. 00:10:40.120 --> 00:10:41.360 Yeah and as part of 00:10:41.360 --> 00:10:46.750 the final plat we review the construction plans so we give 00:10:46.750 --> 00:10:47.279 that a 00:10:47.279 --> 00:11:00.720 thorough look. Any other questions? Thank you very much Jim 00:11:00.720 --> 00:11:03.360 . So the next item is 00:11:03.360 --> 00:11:10.809 the preliminary plat for the Robeson Ranch unit 2-5. Julie 00:11:10.809 --> 00:11:11.679 would be making this 00:11:11.679 --> 00:11:16.860 presentation. So this this proposed preliminary plat is 00:11:16.860 --> 00:11:18.419 within the Robeson 00:11:18.419 --> 00:11:22.830 Ranch plan development and it is for a single-family 00:11:22.830 --> 00:11:24.919 residential development 00:11:24.919 --> 00:11:26.940 that is in accordance with the plan development 00:11:26.940 --> 00:11:29.200 requirements. It does meet 00:11:29.200 --> 00:11:31.419 the technical requirements as well not only for the 00:11:31.419 --> 00:11:32.600 engineering but also for 00:11:32.600 --> 00:11:35.750 the gas well the nearby gas wells as well. So I'll stand 00:11:35.750 --> 00:11:37.039 for any questions and 00:11:37.039 --> 00:11:39.820 Jim's here if you have any engineering ones. Commissioner 00:11:39.820 --> 00:11:41.360 Beck. Thank you Vice 00:11:41.360 --> 00:11:45.049 Chair. In relation to the gas wells I just was kind of 00:11:45.049 --> 00:11:47.320 confused the asterisk and on 00:11:47.320 --> 00:11:51.190 the notes down there it points out that the asterisk den 00:11:51.190 --> 00:11:52.559 otes those lots that are 00:11:52.559 --> 00:11:55.289 within a thousand feet of gas well drilling and production 00:11:55.289 --> 00:11:56.840 site and the 00:11:56.840 --> 00:12:01.039 measurement was like was in there was one inch for 200 feet 00:12:01.039 --> 00:12:02.539 so actually not 00:12:02.539 --> 00:12:06.679 all those lots are within 1,000 feet so I was wondering why 00:12:06.679 --> 00:12:07.879 they went ahead and 00:12:07.879 --> 00:12:11.120 marked them as such anyway. I can't answer that for that 00:12:11.120 --> 00:12:13.799 for the applicant. We have 00:12:13.799 --> 00:12:17.809 reviewed it and within this boundary line. That was my next 00:12:17.809 --> 00:12:19.240 question on the south side of 00:12:19.240 --> 00:12:22.330 Creekwood is the boundary line. Yes sir. Yeah and it seemed 00:12:22.330 --> 00:12:23.519 like all of Kirkwood 00:12:23.519 --> 00:12:25.980 would be eliminated if that were the boundary line using 00:12:25.980 --> 00:12:26.919 the measurement on 00:12:26.919 --> 00:12:30.649 the plat so I was just curious why that was there and since 00:12:30.649 --> 00:12:31.799 this is a preliminary 00:12:31.799 --> 00:12:34.799 plan we can probably deal with it later too. Yes sir. Okay 00:12:34.799 --> 00:12:38.919 thank you. Any other 00:12:38.919 --> 00:12:47.080 questions? Thank you Julie. I think Julie if we go ahead 00:12:47.080 --> 00:12:48.480 and move to the first 00:12:48.480 --> 00:12:55.649 public hearing item Z1713A. All right. Vice Chair yes we're 00:12:55.649 --> 00:12:57.759 gonna move to item B. Correct. 00:12:57.759 --> 00:13:02.179 Apologies. So that we can discuss this and then bring Chair 00:13:02.179 --> 00:13:03.480 Strange back for 00:13:03.480 --> 00:13:07.289 the first item. All right so I'm Julie Wyatt, senior 00:13:07.289 --> 00:13:08.600 planner at the city of Denton and 00:13:08.600 --> 00:13:12.879 I'm presenting Z1715 McKinney-Mayhill. So the request 00:13:12.879 --> 00:13:14.139 before you is to hold a 00:13:14.139 --> 00:13:16.000 public hearing and consider a read of making a 00:13:16.000 --> 00:13:17.240 recommendation regarding a 00:13:17.240 --> 00:13:22.480 rezoning on 73 acres from ECI district to CMG district. 00:13:22.480 --> 00:13:24.200 Just to orient you the 00:13:24.200 --> 00:13:28.179 site is located or situated in the east side of town at the 00:13:28.179 --> 00:13:29.360 corner of McKinney 00:13:29.360 --> 00:13:37.480 and Loop 288. Currently as a zoning designation of ECI it 00:13:37.480 --> 00:13:38.799 also has frontage 00:13:38.799 --> 00:13:44.559 along Loop 288, McKinney, Market Street and then also the 00:13:44.559 --> 00:13:46.120 future alignment of 00:13:46.120 --> 00:13:50.679 Mayhill. So there's quite a bit of access to the property. 00:13:50.679 --> 00:13:52.799 There's some 00:13:52.799 --> 00:13:55.000 existing development on the site so I just want to go over 00:13:55.000 --> 00:13:55.720 that briefly and 00:13:55.720 --> 00:13:58.299 just let you know what's going on on the site. So first of 00:13:58.299 --> 00:13:59.639 all there's an existing 00:13:59.639 --> 00:14:02.399 vacant building to the north and I believe that is being 00:14:02.399 --> 00:14:03.240 redeveloped as a 00:14:03.240 --> 00:14:07.799 community service use. There are also some warehouses to 00:14:07.799 --> 00:14:09.360 the south. 00:14:09.360 --> 00:14:15.080 Commissioner Beck. Thank you Vice Chair. On that building 00:14:15.080 --> 00:14:16.840 does not serve, didn't 00:14:16.840 --> 00:14:20.519 occupy part of that building? I believe it does. I think I 00:14:20.519 --> 00:14:21.120 saw that in the paper. 00:14:21.120 --> 00:14:27.279 Okay so in regards to that are they moving or will they be 00:14:27.279 --> 00:14:27.919 staying there? 00:14:27.919 --> 00:14:31.600 Commissioner Smith. Yes, Sir Denton does actually own that 00:14:31.600 --> 00:14:32.759 building now according to the 00:14:32.759 --> 00:14:35.100 to the past executive director and one of the board members 00:14:35.100 --> 00:14:36.519 Pat Smith. They do 00:14:36.519 --> 00:14:38.570 own it so that was actually gonna be a question of mine. 00:14:38.570 --> 00:14:40.159 They own that building 00:14:40.159 --> 00:14:44.200 now. They have not received notification nor have they 00:14:44.200 --> 00:14:44.720 talked to 00:14:44.720 --> 00:14:48.320 anybody talked to them whatsoever about the zoning issue. 00:14:48.320 --> 00:14:49.519 That was owned by the 00:14:49.519 --> 00:14:51.620 building was previously owned by the person who's 00:14:51.620 --> 00:14:52.879 requesting the rezoning as 00:14:52.879 --> 00:14:55.960 well so I don't know if that's been clarifiable or not but 00:14:55.960 --> 00:14:56.779 yes they do own 00:14:56.779 --> 00:14:59.860 it they're owning the entire building now correct. 00:14:59.860 --> 00:15:03.240 Commissioner Beck. Are they currently occupying the 00:15:03.240 --> 00:15:03.799 building? 00:15:03.799 --> 00:15:06.340 They're currently remodeling it yes. Okay so nobody's occup 00:15:06.340 --> 00:15:09.240 ying it right now but they do plan on getting a certificate 00:15:09.240 --> 00:15:10.159 of occupancy. 00:15:10.159 --> 00:15:13.639 Well those are some great comments and what I'll do is I 00:15:13.639 --> 00:15:14.279 can talk with the 00:15:14.279 --> 00:15:16.960 applicant before the regular meeting and get some 00:15:16.960 --> 00:15:19.320 clarification on that. There's 00:15:19.320 --> 00:15:23.159 also three warehouses on the on the site. There was a 00:15:23.159 --> 00:15:25.039 previous lumberyard I don't 00:15:25.039 --> 00:15:28.419 know if anybody remembers that in this location and there 00:15:28.419 --> 00:15:29.320 are some trees 00:15:29.320 --> 00:15:33.460 there's the heavily treed in the center part of the site 00:15:33.460 --> 00:15:34.559 and an environmentally 00:15:34.559 --> 00:15:37.370 sensitive area assessment will need to be done prior to 00:15:37.370 --> 00:15:38.679 development to determine 00:15:38.679 --> 00:15:42.039 if that tree area is upland habitat so that would happen at 00:15:42.039 --> 00:15:42.799 the development 00:15:42.799 --> 00:15:45.539 stage it's not really something considered at the plot at 00:15:45.539 --> 00:15:46.120 the zoning 00:15:46.120 --> 00:15:51.100 stage but it is something to that will be addressed in the 00:15:51.100 --> 00:15:53.200 future. So we look at 00:15:53.200 --> 00:15:57.039 the compatibility and the surrounding zoning and uses. 00:15:57.039 --> 00:15:58.120 First we look at what's 00:15:58.120 --> 00:16:02.220 immediately adjacent to the site so as we've talked about 00:16:02.220 --> 00:16:03.440 the subject property 00:16:03.440 --> 00:16:06.990 has an ECI zoning designation there's also some adjacent EC 00:16:06.990 --> 00:16:08.039 I there's some self 00:16:08.039 --> 00:16:11.399 storage included in that there's some office uses as well 00:16:11.399 --> 00:16:12.320 as some vehicle 00:16:12.320 --> 00:16:18.029 repair across McKinney there's CMG and CME and those areas 00:16:18.029 --> 00:16:19.039 are developed with 00:16:19.039 --> 00:16:23.080 commercial development and multifamily. In this area there 00:16:23.080 --> 00:16:24.399 's some NRMU zoning 00:16:24.399 --> 00:16:28.879 with developed with multifamily. As we zoom out a little 00:16:28.879 --> 00:16:31.399 further there are 00:16:31.399 --> 00:16:36.559 there's RD5X off to the east that has office some office 00:16:36.559 --> 00:16:37.960 use single family and 00:16:37.960 --> 00:16:42.639 also agriculture. NR2 is in this location developed with 00:16:42.639 --> 00:16:44.679 the school there's also 00:16:44.679 --> 00:16:48.429 NRMU 12 in this location with multifamily and then that 00:16:48.429 --> 00:16:49.120 there's a 00:16:49.120 --> 00:16:52.419 single-family residential neighborhood here which has an NR 00:16:52.419 --> 00:16:53.440 4 zoning district so 00:16:53.440 --> 00:17:00.970 there's quite a mix of uses in the area. And what I really 00:17:00.970 --> 00:17:02.399 want to focus on on 00:17:02.399 --> 00:17:05.400 this slide is mobility because it kind of affects not only 00:17:05.400 --> 00:17:06.400 the development of 00:17:06.400 --> 00:17:11.160 this type of the zoning so we've got several large roads in 00:17:11.160 --> 00:17:11.839 this area. First 00:17:11.839 --> 00:17:16.039 of all McKinney which is a secondary arterial. A secondary 00:17:16.039 --> 00:17:16.839 arterial is 00:17:16.839 --> 00:17:21.339 intended to move move citizens throughout different areas 00:17:21.339 --> 00:17:22.640 of the city. 00:17:22.640 --> 00:17:27.000 Also you've got an arterial here you've got the loop as 00:17:27.000 --> 00:17:28.680 most know it's kind of a 00:17:28.680 --> 00:17:31.809 commercial corridor especially in this area and arterials 00:17:31.809 --> 00:17:32.920 are intended to once 00:17:32.920 --> 00:17:36.390 again move people through the city and also into and out of 00:17:36.390 --> 00:17:37.519 the city so that's 00:17:37.519 --> 00:17:42.400 the intent of that arterial. We've also have collectors 00:17:42.400 --> 00:17:44.079 north of the subject 00:17:44.079 --> 00:17:49.140 property as well as Mills is a collector and then and then 00:17:49.140 --> 00:17:50.559 we have the future 00:17:50.559 --> 00:17:54.559 alignment of Mayhill and and it's it's not finished being 00:17:54.559 --> 00:17:55.920 built yet but it's 00:17:55.920 --> 00:17:59.960 going to affect this subject property as it's going to be 00:17:59.960 --> 00:18:01.319 adjacent to it. And I 00:18:01.319 --> 00:18:04.240 wanted to spend a little more time on Mayhill because it's 00:18:04.240 --> 00:18:04.920 going to be a 00:18:04.920 --> 00:18:09.859 pretty a pretty dominant road on that side of town at some 00:18:09.859 --> 00:18:10.759 point in the in the 00:18:10.759 --> 00:18:14.869 near future. So I zoomed out a little further and we can 00:18:14.869 --> 00:18:16.359 see this the subject 00:18:16.359 --> 00:18:21.039 property is this yellow star and and Mayhill is going to go 00:18:21.039 --> 00:18:22.200 continue north 00:18:22.200 --> 00:18:25.619 from the subject property and it will also connect to the 00:18:25.619 --> 00:18:27.440 south to 2499 at 00:18:27.440 --> 00:18:32.019 Teasley so it will link Denton to DFW Airport essentially 00:18:32.019 --> 00:18:32.599 so it's going to be 00:18:32.599 --> 00:18:38.730 a real regional thoroughfare. The Denton plan 2030 00:18:38.730 --> 00:18:40.559 identifies this area's 00:18:40.559 --> 00:18:43.680 community mixed use. A community mixed use is intended to 00:18:43.680 --> 00:18:44.799 promote a mix of uses 00:18:44.799 --> 00:18:48.079 primarily commercial but can have some office uses some 00:18:48.079 --> 00:18:48.880 multi-family those 00:18:48.880 --> 00:18:52.240 supporting uses. This future development should be 00:18:52.240 --> 00:18:53.640 developed in a commercial way 00:18:53.640 --> 00:18:57.460 and raise the standards of the site design. A typical 00:18:57.460 --> 00:18:59.000 development may include 00:18:59.000 --> 00:19:03.210 like a grocery store or drugstore especially shops maybe 00:19:03.210 --> 00:19:04.119 offices and 00:19:04.119 --> 00:19:08.160 employment uses and then uses within the proposed CMG 00:19:08.160 --> 00:19:09.960 district do align with this 00:19:09.960 --> 00:19:13.069 future land use so it is it does conform to that future 00:19:13.069 --> 00:19:17.519 land use designation. So 00:19:17.519 --> 00:19:22.359 so although the future the the request does conform to the 00:19:22.359 --> 00:19:23.960 future land use we 00:19:23.960 --> 00:19:26.859 did also look at the compatibility of the request and what 00:19:26.859 --> 00:19:27.880 's around the area. 00:19:27.880 --> 00:19:33.700 So staff does believe that DCG is or I'm sorry CMG is 00:19:33.700 --> 00:19:34.440 appropriate in this 00:19:34.440 --> 00:19:37.289 location because it permits commercial development that's 00:19:37.289 --> 00:19:38.240 typically found on 00:19:38.240 --> 00:19:41.839 arterial roadways so you can see that there is going to be 00:19:41.839 --> 00:19:43.480 access not only from 00:19:43.480 --> 00:19:46.279 loop 288 and McKinney but also from Mayhill so this is the 00:19:46.279 --> 00:19:47.119 type of development 00:19:47.119 --> 00:19:52.559 you typically see on arterials. CMG would develop with a 00:19:52.559 --> 00:19:54.440 commercial character 00:19:54.440 --> 00:19:57.380 prohibiting the uses and design character that's allowed 00:19:57.380 --> 00:19:58.000 under current 00:19:58.000 --> 00:20:00.440 zoning. Undercurrent zoning is more of one of our more 00:20:00.440 --> 00:20:01.359 industrial zoning 00:20:01.359 --> 00:20:05.829 districts and so if it developed under current zoning it's 00:20:05.829 --> 00:20:06.920 more industrial uses 00:20:06.920 --> 00:20:10.549 and could be developed with an industrial character and 00:20:10.549 --> 00:20:11.680 this is kind of 00:20:11.680 --> 00:20:16.119 a large corridor that's going to bring a lot of commercial 00:20:16.119 --> 00:20:16.920 development so 00:20:16.920 --> 00:20:22.380 staff doesn't feel that ECI is is appropriate in this area 00:20:22.380 --> 00:20:23.480 considering the 00:20:23.480 --> 00:20:27.619 access and the visibility. CMG is a logical extension of 00:20:27.619 --> 00:20:28.599 the existing zoning 00:20:28.599 --> 00:20:32.089 as you can see in the map in the bottom it might be small 00:20:32.089 --> 00:20:33.400 but all of the other 00:20:33.400 --> 00:20:37.960 corners of loop 288 and McKinney do have that CMG zoning so 00:20:37.960 --> 00:20:38.400 this would really 00:20:38.400 --> 00:20:42.990 just complete that intersection. The existing and future 00:20:42.990 --> 00:20:43.779 road network 00:20:43.779 --> 00:20:46.069 provides the access that you typically want to see for 00:20:46.069 --> 00:20:46.759 commercial development 00:20:46.759 --> 00:20:51.369 but we do want to be sensitive to the nearby neighborhoods 00:20:51.369 --> 00:20:52.240 and so when you see 00:20:52.240 --> 00:20:56.339 that existing those arterials that surround the subject 00:20:56.339 --> 00:20:56.960 property they do 00:20:56.960 --> 00:20:59.930 provide that physical separation between any commercial 00:20:59.930 --> 00:21:00.839 uses that would be 00:21:00.839 --> 00:21:03.390 developed there and the nearby neighborhoods so to provide 00:21:03.390 --> 00:21:03.920 that buffer 00:21:03.920 --> 00:21:07.720 and a little little mitigation between any potential nuis 00:21:07.720 --> 00:21:09.880 ances. Notification was 00:21:09.880 --> 00:21:13.569 sent out we've received two in favor I did provide sorry I 00:21:13.569 --> 00:21:14.200 stapled them 00:21:14.200 --> 00:21:17.490 together and I believe though the the responses that I 00:21:17.490 --> 00:21:18.640 received for this 00:21:18.640 --> 00:21:23.140 project are at the back and there were two of them that I 00:21:23.140 --> 00:21:25.200 received so based 00:21:25.200 --> 00:21:27.940 upon the criteria for approval and the future land use and 00:21:27.940 --> 00:21:28.559 the debt and 00:21:28.559 --> 00:21:30.710 development code staff does recommend approval of your 00:21:30.710 --> 00:21:32.319 request and I'll stand 00:21:32.319 --> 00:21:40.119 for any questions. Commissioner Smith. What is the current 00:21:40.119 --> 00:21:42.400 RL right away on McKinney 00:21:42.400 --> 00:21:46.990 there bordering the proposed zoning change and if McKinney 00:21:46.990 --> 00:21:47.599 ever does get 00:21:47.599 --> 00:21:49.960 expanded will that our way be big enough to be able to 00:21:49.960 --> 00:21:51.160 allow for the type of in 00:21:51.160 --> 00:21:53.750 flow that you're looking for by changing the zoning? Well 00:21:53.750 --> 00:21:55.880 when it if and when it 00:21:55.880 --> 00:21:59.309 develops platting would be required and typically we have 00:21:59.309 --> 00:22:00.519 additional right-of-way 00:22:00.519 --> 00:22:04.269 dedication that comes in with the replatting so and 00:22:04.269 --> 00:22:05.720 perimeter street 00:22:05.720 --> 00:22:10.089 improvements so that type of improvement to McKinney would 00:22:10.089 --> 00:22:11.119 come at the time of 00:22:11.119 --> 00:22:19.829 development. There's a northeast residence up there on McK 00:22:19.829 --> 00:22:20.680 inney I was 00:22:20.680 --> 00:22:26.359 about to Google the address of one of the folks who replied 00:22:26.359 --> 00:22:27.839 I think they were 00:22:27.839 --> 00:22:32.359 on they're on Fawn Drive but if you look on the map there 00:22:32.359 --> 00:22:33.279 if you're able to see 00:22:33.279 --> 00:22:38.960 that just south of Saffron along May Hill it's a long 00:22:38.960 --> 00:22:40.880 driveway backwards it's a 00:22:40.880 --> 00:22:43.220 single-family it looks like a single family when I drove up 00:22:43.220 --> 00:22:43.839 to the side it 00:22:43.839 --> 00:22:46.400 looks like a single-family residence is that going to be 00:22:46.400 --> 00:22:47.359 impacted at all by the 00:22:47.359 --> 00:22:51.019 changing of the zoning in any way? I'm sorry but when you 00:22:51.019 --> 00:22:52.039 said it's off of 00:22:52.039 --> 00:22:55.339 McKinney in this off of May Hill I apologize. May Hill so 00:22:55.339 --> 00:22:56.880 is it right there to the 00:22:56.880 --> 00:23:00.240 left of your mouse? Right right here? Go down just a little 00:23:00.240 --> 00:23:01.079 bit right there that 00:23:01.079 --> 00:23:04.589 area if there's a single-family residence right there off 00:23:04.589 --> 00:23:05.319 May Hill that 00:23:05.319 --> 00:23:08.039 will be in that development is there? That's a part of the 00:23:08.039 --> 00:23:09.160 request and so it 00:23:09.160 --> 00:23:12.930 would I would and the applicant it will be here to answer 00:23:12.930 --> 00:23:13.960 any questions specific 00:23:13.960 --> 00:23:17.609 to the future development so they could probably provide a 00:23:17.609 --> 00:23:18.400 little more 00:23:18.400 --> 00:23:20.750 information about what's going to happen to those those 00:23:20.750 --> 00:23:23.599 residences there now. 00:23:23.599 --> 00:23:27.279 That's it. I'm done Commissioner. Thank you. Any other 00:23:27.279 --> 00:23:33.970 questions? Julie does the property owner can you help me 00:23:33.970 --> 00:23:34.240 out with the 00:23:34.240 --> 00:23:38.059 applicant does is everything in the yellow box belong to 00:23:38.059 --> 00:23:39.680 the property owner? 00:23:39.680 --> 00:23:42.829 That was that is my understanding but I can certainly 00:23:42.829 --> 00:23:44.240 confirm with them because 00:23:44.240 --> 00:23:48.539 if we'll need to confirm that because it's not the case 00:23:48.539 --> 00:23:49.519 then if they don't 00:23:49.519 --> 00:23:52.190 own all that property within the yellow box they can't 00:23:52.190 --> 00:23:53.359 request a rezone of that 00:23:53.359 --> 00:23:56.960 property can they? Well and for instance this corner right 00:23:56.960 --> 00:23:58.000 here on seven oh this 00:23:58.000 --> 00:24:02.250 this is owned by 7-eleven staff did want this to come into 00:24:02.250 --> 00:24:03.200 the request because we 00:24:03.200 --> 00:24:05.210 didn't want to create an isolated zoning district by rez 00:24:05.210 --> 00:24:06.240 oning everything around 00:24:06.240 --> 00:24:10.109 it and so we did have to get 7-eleven's approval to move 00:24:10.109 --> 00:24:11.079 forward with the 00:24:11.079 --> 00:24:14.650 rezoning so yes if you they would have to have approval 00:24:14.650 --> 00:24:16.319 from property owners if 00:24:16.319 --> 00:24:20.119 they did not own that property. And who's the 00:24:20.119 --> 00:24:23.039 responsibility on to document such 00:24:23.039 --> 00:24:28.059 permission? It's a part of the application so it's provided 00:24:28.059 --> 00:24:28.200 by the 00:24:28.200 --> 00:24:31.430 applicant. Can we have that verified before the public 00:24:31.430 --> 00:24:32.200 session about those 00:24:32.200 --> 00:24:38.279 properties? Absolutely absolutely. Thank you. Any other 00:24:38.279 --> 00:24:40.720 questions on this item? 00:24:40.720 --> 00:24:46.279 Thank You Julie. Sure. We can invite chair back. 00:25:02.200 --> 00:25:05.200 , please. 00:25:32.200 --> 00:25:45.200 [inaudible] 00:25:45.200 --> 00:26:13.200 [inaudible] 00:26:13.200 --> 00:26:19.960 All right so you're in a go with A now. Yes. I'm going to 00:26:19.960 --> 00:26:22.559 ask Julie White to come back and 00:26:22.559 --> 00:26:29.450 present the item for Justice Plaza. All right so we have 00:26:29.450 --> 00:26:31.160 another proposed 00:26:31.160 --> 00:26:35.029 rezoning on kind of on the east side of town. So this 00:26:35.029 --> 00:26:37.079 request is to rezone 00:26:37.079 --> 00:26:43.369 approximately 3.2 acres from NR 6 to NRMU 12. The subject 00:26:43.369 --> 00:26:44.359 property like I 00:26:44.359 --> 00:26:47.009 said is on the east side of town. It's north of McKinney 00:26:47.009 --> 00:26:47.880 and east of Janney 00:26:47.880 --> 00:26:51.769 Street in this yellow box. Just to orient you this is the 00:26:51.769 --> 00:26:52.599 Denton County 00:26:52.599 --> 00:26:58.900 courthouse. So this property was part of a rezoning that 00:26:58.900 --> 00:27:01.559 happened in 2014 that 00:27:01.559 --> 00:27:06.319 rezoned this entire a seven acre tract from NR 4 to a mix 00:27:06.319 --> 00:27:07.680 of zoning districts 00:27:07.680 --> 00:27:12.920 that included NR 6, NRMU 12, and NRMU. It was a part of a 00:27:12.920 --> 00:27:14.119 comprehensive mixed use 00:27:14.119 --> 00:27:18.900 plan that included office, retail, and some restaurants, 00:27:18.900 --> 00:27:20.119 and some cluster 00:27:20.119 --> 00:27:24.119 moderate density housing to the north or on the subject 00:27:24.119 --> 00:27:26.039 property which is why the 00:27:26.039 --> 00:27:31.369 zoning lines are a little different. Once again we'll look 00:27:31.369 --> 00:27:31.960 at the 00:27:31.960 --> 00:27:34.509 compatibility. First what's most adjacent to the site and 00:27:34.509 --> 00:27:36.880 then we'll zoom out. So 00:27:36.880 --> 00:27:40.029 first of all surrounding the subject property to the north 00:27:40.029 --> 00:27:40.920 and the east and 00:27:40.920 --> 00:27:44.839 the west you have NR 4 district which is developed with 00:27:44.839 --> 00:27:45.559 single-family 00:27:45.559 --> 00:27:48.269 residential uses. This is an established neighborhood that 00:27:48.269 --> 00:27:49.039 's been there quite 00:27:49.039 --> 00:27:53.039 some time. To the south of this subject property is NRMU 12 00:27:53.039 --> 00:27:54.279 and that has a 00:27:54.279 --> 00:27:59.740 single-family residence on it developed on it and then NRMU 00:27:59.740 --> 00:28:00.759 adjacent to 00:28:00.759 --> 00:28:05.839 McKinney right here has some office uses developed. Across 00:28:05.839 --> 00:28:07.279 McKinney you've got the 00:28:07.279 --> 00:28:09.269 Denton County courthouse and some other government 00:28:09.269 --> 00:28:11.400 buildings. As we move out a 00:28:11.400 --> 00:28:16.519 little further we've got additional commercial space 00:28:16.519 --> 00:28:18.720 brought in on the on 00:28:18.720 --> 00:28:23.079 McKinney. CMG has some additional government as well as 00:28:23.079 --> 00:28:23.920 commercial office 00:28:23.920 --> 00:28:28.359 and some multi-family development and then you can see that 00:28:28.359 --> 00:28:29.119 that neighborhood 00:28:29.119 --> 00:28:32.380 comes into focus as you zoom out. You can see it's a it's a 00:28:32.380 --> 00:28:32.720 fairly large 00:28:32.720 --> 00:28:37.410 neighborhood. We'll look at the mobility of the area. We've 00:28:37.410 --> 00:28:38.920 got two roadway types 00:28:38.920 --> 00:28:42.130 that are dominant on this map. First you've got your 00:28:42.130 --> 00:28:44.079 secondary arterials that 00:28:44.079 --> 00:28:48.329 is McKinney right here it's this in green. Once again this 00:28:48.329 --> 00:28:49.759 is a road that is 00:28:49.759 --> 00:28:52.990 intended to move our residents through the city to 00:28:52.990 --> 00:28:54.720 different parts of the city 00:28:54.720 --> 00:29:00.799 in a quick fashion. You also have Woodrow and Audra here 00:29:00.799 --> 00:29:02.039 also a secondary 00:29:02.039 --> 00:29:05.779 arterial. You've also got some collector streets. Paisley 00:29:05.779 --> 00:29:07.920 to the north connects to 00:29:07.920 --> 00:29:13.119 Audra as well as goes further west of it and then you have 00:29:13.119 --> 00:29:14.319 Riddell Street which 00:29:14.319 --> 00:29:18.640 goes all the way up to Mingo. Jani which is adjacent to the 00:29:18.640 --> 00:29:19.480 subject property is 00:29:19.480 --> 00:29:23.180 also considered excuse me to be a collector primarily 00:29:23.180 --> 00:29:24.079 because of the 00:29:24.079 --> 00:29:27.799 number of single-family residential uses that are on the 00:29:27.799 --> 00:29:29.160 that are located on the 00:29:29.160 --> 00:29:33.259 street as well as some of the commercial zoning that's near 00:29:33.259 --> 00:29:34.480 to McKinney but as 00:29:34.480 --> 00:29:40.160 you can see it really doesn't function as a collector 00:29:40.160 --> 00:29:41.400 street because 00:29:41.400 --> 00:29:44.490 it's got more of a residential nature on the north side of 00:29:44.490 --> 00:29:46.200 it also because it 00:29:46.200 --> 00:29:49.559 dead ends at Paisley it doesn't directly connect to other 00:29:49.559 --> 00:29:51.799 arterials so it's it 00:29:51.799 --> 00:29:58.160 doesn't provide a lot of connectivity. The subject property 00:29:58.160 --> 00:29:59.440 is considered low 00:29:59.440 --> 00:30:02.799 residential per the Dent Plan 2030 that's the future land 00:30:02.799 --> 00:30:03.720 use designation 00:30:03.720 --> 00:30:07.470 for the subject property. Low residential is intended to be 00:30:07.470 --> 00:30:07.799 single 00:30:07.799 --> 00:30:11.220 family uses for a maximum density of one to four dwelling 00:30:11.220 --> 00:30:13.380 units per acre. So when 00:30:13.380 --> 00:30:15.829 you think a low residential within the Dent Plan 2030 you 00:30:15.829 --> 00:30:16.480 kind of think of 00:30:16.480 --> 00:30:20.250 suburban type development. Single-family neighborhoods that 00:30:20.250 --> 00:30:20.880 are that are distinct 00:30:20.880 --> 00:30:24.480 and that are attacked that are connect to the city with 00:30:24.480 --> 00:30:25.759 limited access to 00:30:25.759 --> 00:30:29.319 arterials so that's that's really what the intent is. NRMU 00:30:29.319 --> 00:30:31.519 12 does not conform 00:30:31.519 --> 00:30:35.029 to this future land use designation because it permits some 00:30:35.029 --> 00:30:36.039 commercial uses 00:30:36.039 --> 00:30:38.849 as well as it has a maximum density of 12 dwelling units 00:30:38.849 --> 00:30:39.920 per acre so it's more 00:30:39.920 --> 00:30:46.559 of a moderate density zoning district. So when a rezoning 00:30:46.559 --> 00:30:47.119 doesn't 00:30:47.119 --> 00:30:50.769 conform to the future land use staff takes takes a little 00:30:50.769 --> 00:30:51.920 closer look a 00:30:51.920 --> 00:30:55.200 little more scrutiny is applied to the case in order to 00:30:55.200 --> 00:30:56.240 ensure that any 00:30:56.240 --> 00:31:00.339 request would conform to the character of the area and and 00:31:00.339 --> 00:31:01.599 be compatible with 00:31:01.599 --> 00:31:06.400 the existing uses. So and we did and we we perform that 00:31:06.400 --> 00:31:07.160 analysis for this 00:31:07.160 --> 00:31:09.829 request. So as you can see that this site is situated in 00:31:09.829 --> 00:31:11.180 the center of an existing 00:31:11.180 --> 00:31:14.109 established neighborhood. The development pattern around it 00:31:14.109 --> 00:31:14.240 is 00:31:14.240 --> 00:31:20.059 consistently low density single-family dwellings and and 00:31:20.059 --> 00:31:21.160 this neighborhood 00:31:21.160 --> 00:31:24.990 derives its protection from that that current zoning 00:31:24.990 --> 00:31:26.920 pattern. So as you can see 00:31:26.920 --> 00:31:31.299 the map on the bottom this is all in our four so if and 00:31:31.299 --> 00:31:32.039 when any 00:31:32.039 --> 00:31:35.269 redevelopment occurred within this area it would have to 00:31:35.269 --> 00:31:36.160 redevelop in a 00:31:36.160 --> 00:31:40.650 single-family way consistent with what is already already 00:31:40.650 --> 00:31:41.799 in place so it's it 00:31:41.799 --> 00:31:45.680 conforms to it. An extension of NRMU 12 into this 00:31:45.680 --> 00:31:47.039 neighborhood would introduce 00:31:47.039 --> 00:31:50.400 new uses new commercial uses and a higher density than what 00:31:50.400 --> 00:31:51.319 is existing and 00:31:51.319 --> 00:31:56.559 so it would really be inconsistent with what's surrounding 00:31:56.559 --> 00:31:58.960 it. Under the current 00:31:58.960 --> 00:32:02.730 zoning NR6 provides a nice transition between that lower 00:32:02.730 --> 00:32:04.079 density NR4 and 00:32:04.079 --> 00:32:06.750 then the higher intensity development that you typically 00:32:06.750 --> 00:32:07.680 want to see along the 00:32:07.680 --> 00:32:12.220 secondary arterial like McKinney. So that staff is in 00:32:12.220 --> 00:32:13.400 agreement with this 00:32:13.400 --> 00:32:16.660 existing zoning pattern in order to provide a gradual 00:32:16.660 --> 00:32:17.960 transition not only 00:32:17.960 --> 00:32:21.339 transitioning up to the higher intensity development on the 00:32:21.339 --> 00:32:22.000 road but also 00:32:22.000 --> 00:32:24.579 transitioning from the road into those single-family 00:32:24.579 --> 00:32:26.920 neighborhoods. This current 00:32:26.920 --> 00:32:29.609 zoning pattern could encourage a thoughtfully mixed use 00:32:29.609 --> 00:32:30.039 develop a 00:32:30.039 --> 00:32:33.170 thoughtfully designed mixed-use development that could 00:32:33.170 --> 00:32:33.920 bring in some 00:32:33.920 --> 00:32:36.769 compatible compatible uses and also just some moderate 00:32:36.769 --> 00:32:38.319 density housing within 00:32:38.319 --> 00:32:42.240 this area. Now the applicant has proposed a mixed-use 00:32:42.240 --> 00:32:43.720 residential protection 00:32:43.720 --> 00:32:47.559 overlay to address some of these compatibility issues 00:32:47.559 --> 00:32:48.099 through some 00:32:48.099 --> 00:32:52.000 design consideration and staff looked at that but we really 00:32:52.000 --> 00:32:53.200 feel that the 00:32:53.200 --> 00:32:55.779 incompatibilities are coming from the uses that 00:32:55.779 --> 00:32:57.440 introduction of the commercial 00:32:57.440 --> 00:33:00.359 development within that existing neighborhood that really 00:33:00.359 --> 00:33:01.039 creates that 00:33:01.039 --> 00:33:03.549 conflict between those uses and so the design 00:33:03.549 --> 00:33:05.200 considerations we feel just 00:33:05.200 --> 00:33:09.609 aren't sufficient and that the current zoning should stay 00:33:09.609 --> 00:33:11.799 in place. Public 00:33:11.799 --> 00:33:15.390 notification was sent out on the property we have received 00:33:15.390 --> 00:33:16.279 some letters 00:33:16.279 --> 00:33:19.940 in opposition I believe you have eight in front of you not 00:33:19.940 --> 00:33:21.559 all of those were 00:33:21.559 --> 00:33:24.609 within the 200 foot boundary I believe only three of them 00:33:24.609 --> 00:33:25.640 so right now we're at 00:33:25.640 --> 00:33:30.099 5.8% opposition and this map kind of shows you who was in 00:33:30.099 --> 00:33:34.799 that that within 00:33:34.799 --> 00:33:37.930 that 200 foot boundary we've also received two letters in 00:33:37.930 --> 00:33:38.839 favor of the 00:33:38.839 --> 00:33:43.859 request so based yes sir. Commissioner back. Thank you 00:33:43.859 --> 00:33:45.920 chair. Going back to that overlay I 00:33:45.920 --> 00:33:50.299 noticed in the background material you indicated that that 00:33:50.299 --> 00:33:51.599 information the 00:33:51.599 --> 00:33:55.430 things they wanted to do to gain favorability the applicant 00:33:55.430 --> 00:33:55.799 that 00:33:55.799 --> 00:33:59.299 information did not go out in the notification but they had 00:33:59.299 --> 00:34:00.039 a meeting a 00:34:00.039 --> 00:34:03.250 neighborhood meeting I believe on in July. Yes sir. Was 00:34:03.250 --> 00:34:04.640 that discussed was that 00:34:04.640 --> 00:34:07.640 overlay discussed at that meeting? There was a potential 00:34:07.640 --> 00:34:08.880 for overlay discussed at 00:34:08.880 --> 00:34:11.369 that meeting to address some of those site design 00:34:11.369 --> 00:34:12.599 considerations so it was 00:34:12.599 --> 00:34:16.170 something that the applicant did bring up that they would 00:34:16.170 --> 00:34:16.360 be that they would be 00:34:16.360 --> 00:34:20.199 open to and would consider putting on the site but nothing 00:34:20.199 --> 00:34:21.360 nothing definitive 00:34:21.360 --> 00:34:24.829 was was presented at that neighborhood meeting at that time 00:34:24.829 --> 00:34:26.599 . Oh on considering 00:34:26.599 --> 00:34:29.230 the overlay and some of the things they would do okay so 00:34:29.230 --> 00:34:31.440 when they are at least 00:34:31.440 --> 00:34:35.219 the ones we received that opposes project they really didn 00:34:35.219 --> 00:34:36.079 't have a lot of 00:34:36.079 --> 00:34:42.250 information about what the overlay would do. Correct. Yes 00:34:42.250 --> 00:34:43.480 sir. Thank you. So based upon the 00:34:43.480 --> 00:34:46.489 future land use designation in the Denton plan and the 00:34:46.489 --> 00:34:47.360 goals that are 00:34:47.360 --> 00:34:50.960 associated with that low density residential future land 00:34:50.960 --> 00:34:51.679 use and the 00:34:51.679 --> 00:34:56.480 character in the compatibility of a rezoning to NRMU 12 00:34:56.480 --> 00:34:58.199 staff recommends 00:34:58.199 --> 00:35:00.769 denial of the request based upon those factors and I'll 00:35:00.769 --> 00:35:02.519 stand for any questions. 00:35:02.519 --> 00:35:06.690 Commissioner Ellis. Thank you Chair. Julie it seems to be 00:35:06.690 --> 00:35:07.920 the same owner that owns 00:35:07.920 --> 00:35:11.960 all of that land is there a reason that they gave you why 00:35:11.960 --> 00:35:13.559 they're not doing this 00:35:13.559 --> 00:35:16.409 development at the front where it would be allowed to be 00:35:16.409 --> 00:35:17.559 without a zoning change? 00:35:17.559 --> 00:35:22.440 They are proposing to develop the the southern part the 00:35:22.440 --> 00:35:24.679 front part of the the 00:35:24.679 --> 00:35:30.730 land as as it is zoned they however and the applicants here 00:35:30.730 --> 00:35:30.960 and they could 00:35:30.960 --> 00:35:33.539 probably address this further but what they what they have 00:35:33.539 --> 00:35:34.400 presented to me is 00:35:34.400 --> 00:35:37.559 that they would like to continue that office type 00:35:37.559 --> 00:35:38.920 development to to include 00:35:38.920 --> 00:35:41.590 the whole seven acre tract. Okay so basically have it be 00:35:41.590 --> 00:35:42.400 one development 00:35:42.400 --> 00:35:46.789 from the from the south part. Okay thank you. Commissioner 00:35:46.789 --> 00:35:48.440 Smith. And the 00:35:48.440 --> 00:35:54.170 definition of NR6 says that there is the allowance for some 00:35:54.170 --> 00:35:55.079 supportive 00:35:55.079 --> 00:35:59.559 commercial uses. Is that definition of NR6 what's currently 00:35:59.559 --> 00:36:00.320 zoned? Can you 00:36:00.320 --> 00:36:03.239 help help define what that means by by some supportive 00:36:03.239 --> 00:36:04.440 commercial uses? I'm 00:36:04.440 --> 00:36:06.280 looking here at the just with the planning and zoning 00:36:06.280 --> 00:36:06.760 department of city 00:36:06.760 --> 00:36:10.039 of Denton is what it says for NR6. Hold on let me get my 00:36:10.039 --> 00:36:10.960 staff report. 00:36:10.960 --> 00:36:13.960 Make sure I'm looking at the right thing. 00:36:25.400 --> 00:36:25.909 If you could direct me to where you're looking in that way 00:36:25.909 --> 00:36:29.039 I can make sure. 00:36:29.039 --> 00:36:32.079 Commissioner Rossell helped it's just very limited it just 00:36:32.079 --> 00:36:33.119 the definition here 00:36:33.119 --> 00:36:37.260 is very general but the actual use list now helped answer 00:36:37.260 --> 00:36:38.920 my question. Okay great 00:36:38.920 --> 00:36:45.000 thank you. Commissioner Rossell. Thank you chair. Can you 00:36:45.000 --> 00:36:46.239 help with the history of 00:36:46.239 --> 00:36:55.519 the properties being zoned? MRU 12. I mean do you have a 00:36:55.519 --> 00:36:56.639 timeline of when that was 00:36:56.639 --> 00:37:01.869 done or? That was done in 2014. Was the NR6 also done in 00:37:01.869 --> 00:37:04.480 2014? Yes sir. The entire 00:37:04.480 --> 00:37:07.969 seven acre tract was part of a rezoning request that rez 00:37:07.969 --> 00:37:11.000 oned it from the NR4 to 00:37:11.000 --> 00:37:15.449 to these three zoning districts and the applicant at that 00:37:15.449 --> 00:37:16.800 time presented a 00:37:16.800 --> 00:37:21.110 concept that included some retail and and maybe some 00:37:21.110 --> 00:37:22.679 restaurants or drive 00:37:22.679 --> 00:37:27.400 through uses here along McKinney transitioning to office 00:37:27.400 --> 00:37:29.320 uses in this NRM 00:37:29.320 --> 00:37:35.059 U12 and then a cluster home type development in the NR6 so 00:37:35.059 --> 00:37:35.840 it was it was 00:37:35.840 --> 00:37:38.599 kind of a comprehensively planned mixed-use development. 00:37:38.599 --> 00:37:39.079 That sounds like a 00:37:39.079 --> 00:37:43.000 great idea in 2014. Is it the same property owner coming 00:37:43.000 --> 00:37:44.639 back now? It is a 00:37:44.639 --> 00:37:48.489 new no it is a new developer who would like to do something 00:37:48.489 --> 00:37:49.800 different with the 00:37:49.800 --> 00:37:54.159 site. Okay thank you. Sure. Commissioner Beck. Thank you 00:37:54.159 --> 00:37:55.920 chair. The house that 00:37:55.920 --> 00:37:58.969 seems to be about right in the middle of the area on Je 00:37:58.969 --> 00:38:00.239 annie Street is that 00:38:00.239 --> 00:38:04.670 property is that the owner of this property of this seven 00:38:04.670 --> 00:38:05.679 acre tract? There 00:38:05.679 --> 00:38:10.480 is the owner yes on this seven acre tract is I don't know 00:38:10.480 --> 00:38:11.679 if he lives on that. 00:38:11.679 --> 00:38:15.360 I'm not sure. It's a residence though? I believe so it is 00:38:15.360 --> 00:38:16.440 still a residence yes 00:38:16.440 --> 00:38:21.039 sir. That's my understanding. Okay thanks. Commissioner 00:38:21.039 --> 00:38:22.440 Smith. Jeannie 00:38:22.440 --> 00:38:26.320 Street's in pretty terrible condition if anybody's gone out 00:38:26.320 --> 00:38:27.519 there. I know we're 00:38:27.519 --> 00:38:29.530 talking specifically about zoning not to talk about plat 00:38:29.530 --> 00:38:31.960 ting right now but with a 00:38:31.960 --> 00:38:35.599 new zoning extending that type of commercial use backwards 00:38:35.599 --> 00:38:37.199 is there some 00:38:37.199 --> 00:38:40.670 sort of quality of street that we have to abide by in the 00:38:40.670 --> 00:38:41.599 future that that 00:38:41.599 --> 00:38:43.280 that would have to be repaired before you're allowed to 00:38:43.280 --> 00:38:43.960 have commercial use 00:38:43.960 --> 00:38:46.440 used that far back? Does that question make sense? It does 00:38:46.440 --> 00:38:47.119 make sense. Thank you. 00:38:47.119 --> 00:38:50.340 Yes during the platting and development stage and a 00:38:50.340 --> 00:38:51.880 developer would have to 00:38:51.880 --> 00:38:55.289 under current requirements would have to improve the 00:38:55.289 --> 00:38:57.960 perimeter streets for their 00:38:57.960 --> 00:39:05.230 side and their section so so half of Jeannie Street and up 00:39:05.230 --> 00:39:06.760 to wherever the 00:39:06.760 --> 00:39:10.460 development stops would have to provide improvements and 00:39:10.460 --> 00:39:12.960 Jim is nodding so I 00:39:12.960 --> 00:39:16.239 said it right. 00:39:21.880 --> 00:39:31.559 Anything else? I'll ask a question of staff. They put an 00:39:31.559 --> 00:39:32.840 overlay on here and reading 00:39:32.840 --> 00:39:36.360 through the overlay it looks to be that they've actually 00:39:36.360 --> 00:39:38.000 reduced some of the 00:39:38.000 --> 00:39:43.460 things that are allowed as far as heights as far as set 00:39:43.460 --> 00:39:45.159 backs that you could 00:39:45.159 --> 00:39:53.239 do in NR6. It seems just as a question even though you may 00:39:53.239 --> 00:39:55.440 not like the zoning 00:39:55.440 --> 00:39:59.489 request the actual restrictions restrict the property more 00:39:59.489 --> 00:40:00.280 than what they could 00:40:00.280 --> 00:40:06.590 do there now and so I guess the question is are we looking 00:40:06.590 --> 00:40:07.440 at it just because 00:40:07.440 --> 00:40:10.849 it's a zoning classification or are we looking at it what 00:40:10.849 --> 00:40:12.000 can you build there 00:40:12.000 --> 00:40:16.099 with an overlay that it's actually probably less intense 00:40:16.099 --> 00:40:17.320 and impactful to 00:40:17.320 --> 00:40:21.840 the surrounding neighborhood versus I don't like it being 00:40:21.840 --> 00:40:23.800 in our MU12. Well 00:40:23.800 --> 00:40:28.840 NR6 without the overlay is actually more intensive than 00:40:28.840 --> 00:40:29.000 what 00:40:29.000 --> 00:40:31.849 they're proposing so they're kind of doing a give us a 00:40:31.849 --> 00:40:33.639 little bit and make 00:40:33.639 --> 00:40:36.369 our deal work and we'll take some stuff away. Is that a 00:40:36.369 --> 00:40:38.400 fair? They have proposed 00:40:38.400 --> 00:40:41.969 those those limitations on scale of development and we 00:40:41.969 --> 00:40:43.320 looked at that and we 00:40:43.320 --> 00:40:46.119 just felt that the incompatibilities came not from 00:40:46.119 --> 00:40:47.519 necessarily the scale in 00:40:47.519 --> 00:40:52.110 NRME 12 but more of the uses that those commercial uses in 00:40:52.110 --> 00:40:53.480 the center of an 00:40:53.480 --> 00:40:59.559 existing neighborhood. Well I've got to hear that 00:40:59.559 --> 00:41:01.760 mechanical units have to be a 00:41:01.760 --> 00:41:08.760 hundred feet away from adjacent properties and in NR6 this 00:41:08.760 --> 00:41:10.920 50 by 120 00:41:10.920 --> 00:41:15.449 lot so I mean they've got to have all that stuff a hundred 00:41:15.449 --> 00:41:16.480 feet away whereas 00:41:16.480 --> 00:41:20.280 you could have it right next door if you built houses there 00:41:20.280 --> 00:41:23.400 so I'm gonna push a 00:41:23.400 --> 00:41:26.539 little bit I'm I understand the argument of it being 00:41:26.539 --> 00:41:29.079 existing neighborhood but I 00:41:29.079 --> 00:41:31.840 think there needs to be some consideration when they put an 00:41:31.840 --> 00:41:32.239 overlay 00:41:32.239 --> 00:41:36.030 district that really caps what they're asking for that 00:41:36.030 --> 00:41:37.079 might make it less 00:41:37.079 --> 00:41:40.869 intensive than what you could do there with residential. So 00:41:40.869 --> 00:41:42.559 just a question is 00:41:42.559 --> 00:41:46.210 that if staff worked through all that and still felt like 00:41:46.210 --> 00:41:47.559 even with all these 00:41:47.559 --> 00:41:51.750 restrictions of things that you can't do there and the 00:41:51.750 --> 00:41:55.480 heights and the setbacks 00:41:55.480 --> 00:42:00.150 screening walls it's completely looks like it's surrounded 00:42:00.150 --> 00:42:01.480 by a forest around 00:42:01.480 --> 00:42:04.579 all the edges that what impact really is the concern that 00:42:04.579 --> 00:42:05.559 would be against 00:42:05.559 --> 00:42:09.530 neighbors other than when you look at it from up above on a 00:42:09.530 --> 00:42:11.320 map it looks like it 00:42:11.320 --> 00:42:15.119 versus impracticality the restrictions and what's around it 00:42:15.119 --> 00:42:15.920 I don't know that 00:42:15.920 --> 00:42:22.000 it's a huge impact. And we did look at that and it just was 00:42:22.000 --> 00:42:22.639 centered on the 00:42:22.639 --> 00:42:26.340 bringing in those commercial type uses within the 00:42:26.340 --> 00:42:28.320 neighborhood so sure. Commissioner 00:42:28.320 --> 00:42:33.340 Beck. Thank you chair and that's in reference to what you 00:42:33.340 --> 00:42:33.760 're talking about 00:42:33.760 --> 00:42:37.389 that's why I asked if the local residents had been made 00:42:37.389 --> 00:42:38.280 aware of all 00:42:38.280 --> 00:42:41.909 these details because I see where you're going that and I'm 00:42:41.909 --> 00:42:43.159 okay with it to a 00:42:43.159 --> 00:42:46.780 certain point but I would like the people that live in that 00:42:46.780 --> 00:42:47.800 area to see 00:42:47.800 --> 00:42:50.599 that and respond to that and they're still objected to it 00:42:50.599 --> 00:42:51.440 then that would 00:42:51.440 --> 00:42:55.110 definitely have an impact on my decision. Commissioner Rose 00:42:55.110 --> 00:42:56.559 lle. Thank you chair 00:42:56.559 --> 00:43:00.519 sounds like you opened up a can here but I appreciate the 00:43:00.519 --> 00:43:03.199 symptoms. When I 00:43:03.199 --> 00:43:06.610 first saw this I thought initially of individual you might 00:43:06.610 --> 00:43:07.880 recall this but 00:43:07.880 --> 00:43:12.869 right north of Chase Bank on University at Hinkle there are 00:43:12.869 --> 00:43:14.239 single-story office 00:43:14.239 --> 00:43:19.650 buildings that abut in our sixth neighborhood I believe it 00:43:19.650 --> 00:43:20.199 's right across 00:43:20.199 --> 00:43:25.949 the street from the church there and it seems to be that is 00:43:25.949 --> 00:43:26.760 a workable 00:43:26.760 --> 00:43:30.559 situation which is not to impose on the neighbors it they 00:43:30.559 --> 00:43:31.780 have looks like 00:43:31.780 --> 00:43:35.139 parking all across the fence line but it's a workable 00:43:35.139 --> 00:43:37.119 solution that that's 00:43:37.119 --> 00:43:40.269 okay it's not like a peninsula in a neighborhood over on H 00:43:40.269 --> 00:43:41.239 inkle but it's 00:43:41.239 --> 00:43:46.039 certainly adjacent to a pretty dense neighborhood for 00:43:46.039 --> 00:43:47.119 single-story commercial 00:43:47.119 --> 00:43:53.519 structures food for thought more than anything. 00:43:53.519 --> 00:43:55.880 Commissioner Ellis. Thank you 00:43:55.880 --> 00:44:00.739 chair. Yeah it's a really incredibly generous overlay to be 00:44:00.739 --> 00:44:02.480 certain so I'm 00:44:02.480 --> 00:44:07.449 wondering yeah if if we wonder maybe ask the applicant to 00:44:07.449 --> 00:44:09.119 re-look at discussing 00:44:09.119 --> 00:44:11.480 it with the neighborhood I mean they they certainly should 00:44:11.480 --> 00:44:11.960 have that 00:44:11.960 --> 00:44:16.460 knowledge because it's it's it's very generous but I'm also 00:44:16.460 --> 00:44:17.760 wondering too if 00:44:17.760 --> 00:44:22.019 one of the concerns for denial is the area and what the 00:44:22.019 --> 00:44:23.639 office building might 00:44:23.639 --> 00:44:27.739 be what businesses might come in there because the spot is 00:44:27.739 --> 00:44:29.000 very imposing on the 00:44:29.000 --> 00:44:33.679 neighborhood I mean the houses are right there so I guess 00:44:33.679 --> 00:44:34.960 that's the one thing 00:44:34.960 --> 00:44:40.219 the overlay can't do is is eliminate types of businesses I 00:44:40.219 --> 00:44:41.159 mean some to some 00:44:41.159 --> 00:44:44.630 degree they did but I mean we're still gonna law offices 00:44:44.630 --> 00:44:45.880 which we don't know 00:44:45.880 --> 00:44:49.039 necessarily what they're going to be there's bail bonds 00:44:49.039 --> 00:44:50.039 offices all over 00:44:50.039 --> 00:44:53.079 there could be that right in the neighborhood not ideal so 00:44:53.079 --> 00:44:54.519 I mean that's 00:44:54.519 --> 00:44:58.679 certainly a concern for just the location. 00:45:02.920 --> 00:45:10.039 Any other questions for staff? Thank you Julie. 00:45:11.159 --> 00:45:23.480 So one more item. So next item is the development code 00:45:23.480 --> 00:45:25.559 amendment that you guys 00:45:25.559 --> 00:45:30.440 heard last meeting and Jim is Jim's gonna come up and 00:45:30.440 --> 00:45:32.119 present a quick update 00:45:32.119 --> 00:45:37.449 and provide a little more additional information on this 00:45:37.449 --> 00:45:37.960 item. 00:45:41.159 --> 00:45:48.920 Jim as you're getting ready for your presentation do you 00:45:48.920 --> 00:45:49.679 know about how long 00:45:49.679 --> 00:45:51.699 it's gonna be because I know we have food so I don't know 00:45:51.699 --> 00:45:52.519 where we should take 00:45:52.519 --> 00:45:58.599 a break and give you time to get ready or? I was envision 00:45:58.599 --> 00:46:00.480 ing something on the 00:46:00.480 --> 00:46:03.400 order of ten minutes. 00:46:07.400 --> 00:46:11.719 It's really just an update and just talking about some of 00:46:11.719 --> 00:46:13.159 answers to some of 00:46:13.159 --> 00:46:15.219 the questions that were raised last time. Okay if I ask one 00:46:15.219 --> 00:46:16.559 question before you start your 00:46:16.559 --> 00:46:19.360 presentation are you gonna be asking for us to move 00:46:19.360 --> 00:46:20.360 something tonight or is this 00:46:20.360 --> 00:46:22.409 something that's gonna probably need to come back like we 00:46:22.409 --> 00:46:23.360 talked last time and do 00:46:23.360 --> 00:46:26.449 a little more work on that? I think the in my opinion the 00:46:26.449 --> 00:46:27.599 logical thing would be 00:46:27.599 --> 00:46:37.639 to postpone action until the next P&Z. We have done a 00:46:37.639 --> 00:46:38.679 public hearing 00:46:38.679 --> 00:46:42.050 public notice for the council meeting on the 11th or excuse 00:46:42.050 --> 00:46:43.639 me the 17th of 00:46:43.639 --> 00:46:49.320 October and we would still have time following the 11th the 00:46:49.320 --> 00:46:50.639 October 11th P&Z 00:46:50.639 --> 00:46:54.050 to revise whatever documents would go before council then. 00:46:54.050 --> 00:46:55.599 Right if the 00:46:55.599 --> 00:46:58.190 Commission's fine let's go ahead since we're gonna this is 00:46:58.190 --> 00:46:58.960 gonna come back 00:46:58.960 --> 00:47:02.369 rather than this is the final look and we're gonna go vote 00:47:02.369 --> 00:47:03.119 on it. If the 00:47:03.119 --> 00:47:05.239 Commission's pleasure let's go ahead and do the 00:47:05.239 --> 00:47:06.599 presentation and we'll we'll eat 00:47:06.599 --> 00:47:13.559 afterwards. Thank you. Good evening everyone. 00:47:17.679 --> 00:47:20.309 This is intended to be to be like I said kind of an update 00:47:20.309 --> 00:47:22.159 from from the last 00:47:22.159 --> 00:47:25.639 time. I know not all of you were could be present at the 00:47:25.639 --> 00:47:27.000 last meeting. What I was 00:47:27.000 --> 00:47:30.559 going to do is do a very brief recap of what I discussed 00:47:30.559 --> 00:47:31.519 before what I 00:47:31.519 --> 00:47:35.199 introduced and then like I said get into some of the 00:47:35.199 --> 00:47:37.000 questions that were brought 00:47:37.000 --> 00:47:40.159 up from the Commission and from the public and the research 00:47:40.159 --> 00:47:40.800 we've done 00:47:40.800 --> 00:47:45.860 following that to answer those. As you all know that the 00:47:45.860 --> 00:47:47.920 city is making a major 00:47:47.920 --> 00:47:54.070 thorough effort to reevaluate and improve our processes, 00:47:54.070 --> 00:47:55.119 our codes, 00:47:55.119 --> 00:48:00.380 agreements in an effort to better serve the development 00:48:00.380 --> 00:48:01.960 community to streamline 00:48:01.960 --> 00:48:08.039 processes to protect the interests of the city. One 00:48:08.039 --> 00:48:11.199 component of that is the 00:48:11.199 --> 00:48:16.110 development contract process and this is specifically what 00:48:16.110 --> 00:48:17.840 I'm referring to is 00:48:17.840 --> 00:48:21.880 the stage between when P&Z approves a plat and when a 00:48:21.880 --> 00:48:23.400 project is actually 00:48:23.400 --> 00:48:26.179 authorized to go into construction and we can start turning 00:48:26.179 --> 00:48:27.079 dirt. That's that's 00:48:27.079 --> 00:48:32.159 been a historically a source of frustration from the 00:48:32.159 --> 00:48:32.519 development 00:48:32.519 --> 00:48:36.480 community as far as the time and the steps involved there 00:48:36.480 --> 00:48:37.800 so we're looking to 00:48:37.800 --> 00:48:44.090 streamline that and this this is part of that effort. A 00:48:44.090 --> 00:48:47.199 request that Development 00:48:47.199 --> 00:48:54.320 Services frequently receives is that the city file a plat 00:48:54.320 --> 00:48:56.519 following approval by 00:48:56.519 --> 00:49:00.119 P&Z and our code right now precludes us from doing that 00:49:00.119 --> 00:49:01.480 until we get a 00:49:01.480 --> 00:49:04.780 development contract. We call them two-way development 00:49:04.780 --> 00:49:05.920 contracts because 00:49:05.920 --> 00:49:11.429 the three parties named are the city, the developer, and 00:49:11.429 --> 00:49:15.440 the contractor. It can 00:49:15.440 --> 00:49:22.239 often take, typically it takes six or seven weeks or more, 00:49:22.239 --> 00:49:23.480 well no about four 00:49:23.480 --> 00:49:28.079 to six weeks for a developer to enter the contract with a 00:49:28.079 --> 00:49:30.320 contractor and get 00:49:30.320 --> 00:49:35.190 all the bonds ready, turn into the city, and reviewed and 00:49:35.190 --> 00:49:39.159 approved. So in very 00:49:39.159 --> 00:49:43.300 often developers want, we find they often want to file 00:49:43.300 --> 00:49:45.400 their plat before they get 00:49:45.400 --> 00:49:52.849 a contractor on board. Often I believe often that milestone 00:49:52.849 --> 00:49:53.920 is tied to project 00:49:53.920 --> 00:49:57.570 financing so we are trying to find a way to safely 00:49:57.570 --> 00:50:00.019 accommodate that and then as I 00:50:00.019 --> 00:50:03.219 mentioned we're also trying to streamline our overall pre- 00:50:03.219 --> 00:50:03.800 construction 00:50:03.800 --> 00:50:12.500 process. Very briefly this is our current process I showed 00:50:12.500 --> 00:50:13.480 last time and as I 00:50:13.480 --> 00:50:18.159 mentioned from final plat approval down the next line of 00:50:18.159 --> 00:50:19.440 the three-way contracts 00:50:19.440 --> 00:50:26.440 being executed typically a realistic best case is on the 00:50:26.440 --> 00:50:27.199 order of six weeks 00:50:27.199 --> 00:50:31.449 sometimes it can be much longer and you can see in the next 00:50:31.449 --> 00:50:33.440 line after that the 00:50:33.440 --> 00:50:38.519 plat filing there in yellow, the plat filing milestone 00:50:38.519 --> 00:50:40.199 cannot be reached until 00:50:40.199 --> 00:50:46.360 those contracts are processed and then I mentioned the hold 00:50:46.360 --> 00:50:47.159 harmless agreements 00:50:47.159 --> 00:50:52.199 last time that's a separate agreement it basically our code 00:50:52.199 --> 00:50:54.639 as written does not 00:50:54.639 --> 00:51:00.400 allow construction of private improvements to begin until 00:51:00.400 --> 00:51:01.239 construction 00:51:01.239 --> 00:51:05.679 of public improvements has been completed unless there is a 00:51:05.679 --> 00:51:08.760 hold harmless 00:51:09.320 --> 00:51:14.710 agreement that's executed it's a standard form and we see 00:51:14.710 --> 00:51:16.079 we allow those 00:51:16.079 --> 00:51:18.480 on everything but single-family residential so any multif 00:51:18.480 --> 00:51:18.800 amily 00:51:18.800 --> 00:51:22.440 commercial we offer that and it's almost always requested 00:51:22.440 --> 00:51:23.800 so it's almost an 00:51:23.800 --> 00:51:26.250 automatic step we're looking to fold that into this 00:51:26.250 --> 00:51:28.159 agreement. After those steps 00:51:28.159 --> 00:51:35.829 are done the permit can be issued. What I've got here shown 00:51:35.829 --> 00:51:37.280 as the proposed 00:51:37.280 --> 00:51:43.360 process is basically you'll see the plat filing would occur 00:51:43.360 --> 00:51:45.000 much sooner we're 00:51:45.000 --> 00:51:47.599 talking about breaking up the current three-way development 00:51:47.599 --> 00:51:48.480 agreement into two 00:51:48.480 --> 00:51:50.900 two-way agreements the first one being with just between 00:51:50.900 --> 00:51:51.639 the city and the 00:51:51.639 --> 00:51:57.030 developer and that would facilitate us following the plat 00:51:57.030 --> 00:51:58.559 that can be even 00:51:58.559 --> 00:52:01.769 before the developer enters into an agreement with a 00:52:01.769 --> 00:52:03.159 contractor use so you 00:52:03.159 --> 00:52:07.110 can see that would be the next step following that and we 00:52:07.110 --> 00:52:08.320 will talk I'm 00:52:08.320 --> 00:52:11.559 running through this quickly this is a recap from last time 00:52:11.559 --> 00:52:12.400 we talked about 00:52:12.400 --> 00:52:15.400 the standard note 00:52:20.840 --> 00:52:25.900 Julie this is my last presentation from the first time is 00:52:25.900 --> 00:52:31.000 Julie here I mean 00:52:31.000 --> 00:52:35.690 these first slides were almost identical but the rest are 00:52:35.690 --> 00:52:44.360 not okay it should say 00:52:55.360 --> 00:53:00.889 maybe it's a good time to break for dinner I'm sorry I'm 00:53:00.889 --> 00:53:02.079 gonna call a 00:53:02.079 --> 00:53:08.480 recess at 555 and we'll reconvene as quickly as we can 00:53:25.960 --> 00:53:28.000 you 00:53:55.360 --> 00:54:14.320 okay welcome back and I will call us back to order at 602 00:54:14.320 --> 00:54:17.559 all right thank you 00:54:17.559 --> 00:54:20.170 sorry sorry about the interruption no problem I think it 00:54:20.170 --> 00:54:21.119 was my fault I think I 00:54:21.119 --> 00:54:25.960 may have sent Julie the wrong version of the we have the 00:54:25.960 --> 00:54:27.400 right one now we're good 00:54:27.400 --> 00:54:34.599 but basically I'll pick up where I left off I'd like to use 00:54:34.599 --> 00:54:38.960 the pointer though 00:54:42.239 --> 00:54:45.230 so some of the questions that were raised at the last 00:54:45.230 --> 00:54:47.360 meeting from the 00:54:47.360 --> 00:54:51.829 public and from the commissioners included what's a 00:54:51.829 --> 00:54:53.840 developer's capacity 00:54:53.840 --> 00:54:58.369 to get bonded as opposed to a contractor what do other 00:54:58.369 --> 00:55:00.440 cities require could 00:55:00.440 --> 00:55:04.829 guarantees be issued to the developer and the contractor 00:55:04.829 --> 00:55:06.559 such that the relates 00:55:06.559 --> 00:55:10.239 expense of the bond or the guarantee is not doubled because 00:55:10.239 --> 00:55:11.280 that can be a 00:55:11.280 --> 00:55:14.969 considerable expense and would the city consider allowing 00:55:14.969 --> 00:55:15.960 single-family 00:55:15.960 --> 00:55:22.599 residential houses to be constructed prior to completion of 00:55:22.599 --> 00:55:23.880 the right public 00:55:23.880 --> 00:55:29.449 improvements so we've contacted numerous surety companies 00:55:29.449 --> 00:55:30.960 there was at least eight 00:55:30.960 --> 00:55:38.190 talked to many agents and vice presidents underwriters were 00:55:38.190 --> 00:55:39.079 we made 00:55:39.079 --> 00:55:43.610 attempts to contact you yes media is asking if you can make 00:55:43.610 --> 00:55:44.440 it full screen 00:55:44.440 --> 00:55:47.530 I guess it has something to do with their ability to to 00:55:47.530 --> 00:55:50.519 show it to the public 00:55:50.599 --> 00:55:58.639 there we go okay thank you we have we found that it's it's 00:55:58.639 --> 00:55:59.760 extremely difficult 00:55:59.760 --> 00:56:02.920 to get access to the the underwriters themselves but we did 00:56:02.920 --> 00:56:04.079 talk to numerous 00:56:04.079 --> 00:56:10.739 agents and vice presidents of these these companies we have 00:56:10.739 --> 00:56:12.719 also contacted 00:56:12.719 --> 00:56:18.800 several cities in the Metroplex and across the state and I 00:56:18.800 --> 00:56:21.119 'll get into what 00:56:21.119 --> 00:56:27.760 what kind of responses we're getting the sureties having 00:56:27.760 --> 00:56:29.159 the the companies that 00:56:29.159 --> 00:56:33.820 issue the bonds or the policies they've informed us and as 00:56:33.820 --> 00:56:35.000 I mentioned an 00:56:35.000 --> 00:56:39.559 example last time I talked to you the one I had talked to 00:56:39.559 --> 00:56:41.280 said that in many 00:56:41.280 --> 00:56:45.929 cases they they do issue bonds these sorts of bonds to 00:56:45.929 --> 00:56:47.239 developers but it is 00:56:47.239 --> 00:56:51.030 more typical for them to issue them to contractors for a 00:56:51.030 --> 00:56:52.679 surety to issue a 00:56:52.679 --> 00:56:57.340 performance bond to a developer they they typically require 00:56:57.340 --> 00:56:58.480 that developer to 00:56:58.480 --> 00:57:03.829 sign personally and not as a newly formed LLC for instance 00:57:03.829 --> 00:57:05.079 to demonstrate a 00:57:05.079 --> 00:57:14.329 track record a good fiscal track record and more commonly 00:57:14.329 --> 00:57:15.280 cities allow 00:57:15.280 --> 00:57:21.360 developers to provide a alternative fiscal guarantee other 00:57:21.360 --> 00:57:21.599 than a 00:57:21.599 --> 00:57:26.800 performance bond and it could take many forms it could be a 00:57:26.800 --> 00:57:28.079 irrevocable letter 00:57:28.079 --> 00:57:33.110 of credit like from a bank what we found to be called a 00:57:33.110 --> 00:57:34.599 subdivision in 00:57:34.599 --> 00:57:37.380 maintenance bond some cities do something like that it's 00:57:37.380 --> 00:57:38.079 very similar 00:57:38.079 --> 00:57:41.760 to performance bond it's just with the developer named or 00:57:41.760 --> 00:57:44.079 an escrow agreement 00:57:44.079 --> 00:57:47.719 held by in which the funds are held by a third party and we 00:57:47.719 --> 00:57:49.320 find the feedback 00:57:49.320 --> 00:57:52.539 we're getting is the sureties recommend that cities require 00:57:52.539 --> 00:57:53.719 that the developers 00:57:53.719 --> 00:58:01.170 provide such fiscal guarantees they're not or they are and 00:58:01.170 --> 00:58:01.880 that those 00:58:01.880 --> 00:58:05.889 alternative guarantees are tend to be more readily 00:58:05.889 --> 00:58:07.920 available to developers 00:58:07.920 --> 00:58:12.070 than simply performance bonds some can get performance 00:58:12.070 --> 00:58:13.480 bonds but for many 00:58:13.480 --> 00:58:18.059 especially the smaller or perhaps newer developments it's 00:58:18.059 --> 00:58:19.599 more of a challenge 00:58:23.719 --> 00:58:28.230 as far as our feedback we've got from cities it's kind of 00:58:28.230 --> 00:58:30.079 interesting because 00:58:30.079 --> 00:58:34.050 we contact a lot of cities you know around the size of Dent 00:58:34.050 --> 00:58:36.159 on or larger and 00:58:36.159 --> 00:58:40.590 there's it varies greatly the requirements in contracting 00:58:40.590 --> 00:58:41.400 and bonding 00:58:41.400 --> 00:58:44.889 and timing of when they file a plat varies greatly from 00:58:44.889 --> 00:58:45.960 city to city there 00:58:45.960 --> 00:58:55.000 does not appear to be a typical process or protocol there's 00:58:55.000 --> 00:58:56.440 there's it's quite a 00:58:56.440 --> 00:59:03.210 bit of variance for instance some cities will not file the 00:59:03.210 --> 00:59:04.760 plat until the 00:59:04.760 --> 00:59:08.400 developer has constructed not just bonded but constructed 00:59:08.400 --> 00:59:09.480 all related public 00:59:09.480 --> 00:59:14.670 improvements you know some cities don't require development 00:59:14.670 --> 00:59:15.840 contracts at all 00:59:15.840 --> 00:59:22.280 just simply bonds we're not necessarily recommending those 00:59:22.280 --> 00:59:23.920 I'm just I include 00:59:23.920 --> 00:59:30.000 those as an example of how different cities can be we do 00:59:30.000 --> 00:59:31.519 find that a lot of 00:59:31.519 --> 00:59:35.119 the cities do offer several options as to what form the 00:59:35.119 --> 00:59:36.719 developers guarantee 00:59:36.719 --> 00:59:41.389 takes so as I mentioned before performance bond or 00:59:41.389 --> 00:59:42.880 alternatively 00:59:42.880 --> 00:59:47.280 subdivision development bond irrevocable letter of credit 00:59:47.280 --> 00:59:48.840 and escrow agreement 00:59:48.840 --> 00:59:53.780 or something like that and a couple examples of note that I 00:59:53.780 --> 00:59:54.679 've included 00:59:54.679 --> 01:00:01.110 because they are along similar lines as what staff is 01:00:01.110 --> 01:00:04.119 exploring and pursuing here 01:00:04.119 --> 01:00:10.199 as far as procedure changes and allowing plat filing 01:00:10.199 --> 01:00:13.599 earlier one is Georgetown 01:00:13.599 --> 01:00:18.179 it's about 64,000 people but it is growing rapidly and San 01:00:18.179 --> 01:00:19.400 Antonio which of 01:00:19.400 --> 01:00:25.480 course is a large city Georgetown in the Austin area they 01:00:25.480 --> 01:00:27.280 allow the plat to be 01:00:27.280 --> 01:00:31.420 filed prior to completion of the public's improvements once 01:00:31.420 --> 01:00:32.320 a fiscal 01:00:32.320 --> 01:00:38.719 surety or guarantee has been issued and again this can be a 01:00:38.719 --> 01:00:40.800 trust agreement I 01:00:40.800 --> 01:00:43.199 believe that's similar to an escrow agreement that can be 01:00:43.199 --> 01:00:43.920 drawn from by the 01:00:43.920 --> 01:00:48.409 city if need be an irrevocable letter of credit or you know 01:00:48.409 --> 01:00:49.239 back to the 01:00:49.239 --> 01:00:56.159 performance bond and I know one request that was mentioned 01:00:56.159 --> 01:00:57.679 or a suggestion or a 01:00:57.679 --> 01:01:04.679 concern raised last time was structuring this in a way that 01:01:04.679 --> 01:01:06.480 homes could be lots 01:01:06.480 --> 01:01:09.579 could be sold prior to the completion of public 01:01:09.579 --> 01:01:11.800 improvements and apparently that 01:01:11.800 --> 01:01:16.010 that is that is feasible with this arrangement that 01:01:16.010 --> 01:01:18.400 Georgetown does San 01:01:18.400 --> 01:01:24.010 Antonio is the only one I mentioned they will not approve a 01:01:24.010 --> 01:01:25.719 plat until the 01:01:25.719 --> 01:01:29.090 developer signs the three pages only three pages shorter 01:01:29.090 --> 01:01:30.639 than ours the 01:01:30.639 --> 01:01:36.099 performance agreement that ensures they complete the public 01:01:36.099 --> 01:01:38.480 improvements but as 01:01:38.480 --> 01:01:41.710 far as as far and we're not necessarily recommending 01:01:41.710 --> 01:01:43.480 holding approval like that 01:01:43.480 --> 01:01:48.639 but they do allow for an approved plat to be filed before 01:01:48.639 --> 01:01:49.719 the public 01:01:49.719 --> 01:01:52.670 improvements are completed if the developer provides the 01:01:52.670 --> 01:01:54.039 fiscal guarantee 01:01:54.039 --> 01:01:58.449 within three years of plat approval and again they they 01:01:58.449 --> 01:02:00.400 give options performance 01:02:00.400 --> 01:02:04.880 bond the irrevocable trust agreement or standby letter of 01:02:04.880 --> 01:02:05.719 credit like from a 01:02:05.719 --> 01:02:17.860 bank or a cashier's check. So before I head into that this 01:02:17.860 --> 01:02:19.440 is in a nutshell 01:02:19.440 --> 01:02:25.159 what we're finding is while there are cases that we had 01:02:25.159 --> 01:02:27.199 found and are still 01:02:27.199 --> 01:02:33.400 finding of developers being able to in some cases being 01:02:33.400 --> 01:02:35.760 required to provide 01:02:35.760 --> 01:02:42.960 performance bonds it is we do find that it is more 01:02:42.960 --> 01:02:44.320 difficult for many of them 01:02:44.320 --> 01:02:48.280 especially the smaller ones to acquire that sort of 01:02:48.280 --> 01:02:50.360 guarantee but there are 01:02:50.360 --> 01:02:54.460 other avenues to achieve that that sort of protection for 01:02:54.460 --> 01:02:56.519 the city and that's 01:02:56.519 --> 01:03:03.000 I should I should tonight say and again we will bring this 01:03:03.000 --> 01:03:05.639 to you again on the 01:03:05.639 --> 01:03:11.789 11th we are staff is continuing to to what we've gathered 01:03:11.789 --> 01:03:13.599 this research now 01:03:13.599 --> 01:03:17.159 we're having a lot of discussions internally we're working 01:03:17.159 --> 01:03:17.880 with legal 01:03:17.880 --> 01:03:24.170 department we are and other departments we are still in the 01:03:24.170 --> 01:03:25.280 process of drafting 01:03:25.280 --> 01:03:28.340 the agreements the two two-way agreements that we mentioned 01:03:28.340 --> 01:03:28.880 last time 01:03:28.880 --> 01:03:34.610 so we we are we're still this is still a high level 01:03:34.610 --> 01:03:37.199 presentation but I did want 01:03:37.199 --> 01:03:40.440 to show you our findings hopefully answer some of your 01:03:40.440 --> 01:03:43.039 questions and you 01:03:43.039 --> 01:03:47.429 know all this being said with some tweaks that I've 01:03:47.429 --> 01:03:49.159 described here we are 01:03:49.159 --> 01:03:54.039 hopeful that we can still pursue the same direction again 01:03:54.039 --> 01:03:55.320 we think it was 01:03:55.320 --> 01:03:58.219 streamlined things and we think it would accommodate the 01:03:58.219 --> 01:03:59.559 frequent requests to file 01:03:59.559 --> 01:04:08.260 plots earlier there was a also a request in the last public 01:04:08.260 --> 01:04:12.360 hearing about allowing 01:04:12.360 --> 01:04:18.860 or changing our code amending our code to allow for the 01:04:18.860 --> 01:04:20.880 sort of hold harmless 01:04:20.880 --> 01:04:26.579 language that we allow for multifamily or commercial that 01:04:26.579 --> 01:04:28.400 is to say allowing 01:04:28.400 --> 01:04:31.150 private improvements to start before the public 01:04:31.150 --> 01:04:33.800 improvements are completed and I 01:04:33.800 --> 01:04:36.150 want to address that a little bit and I think also I'd like 01:04:36.150 --> 01:04:36.960 more than anything 01:04:36.960 --> 01:04:39.829 like to just kind of discuss that a little more in the 01:04:39.829 --> 01:04:41.960 public hearing we in 01:04:41.960 --> 01:04:47.690 talking with with managers in in both our our building 01:04:47.690 --> 01:04:49.519 inspections department 01:04:49.519 --> 01:04:52.900 and our public works inspection department it's we it's I'm 01:04:52.900 --> 01:04:53.559 told it's 01:04:53.559 --> 01:04:57.199 not a request we frequently get certainly doesn't mean that 01:04:57.199 --> 01:04:57.599 it's it's 01:04:57.599 --> 01:05:02.539 not worth discussing and considering but I think one to 01:05:02.539 --> 01:05:04.679 better understand the 01:05:04.679 --> 01:05:09.519 request or the concern one one one kind of common response 01:05:09.519 --> 01:05:11.760 it has been it's 01:05:11.760 --> 01:05:18.480 say for a subdivision until the until the streets are grad 01:05:18.480 --> 01:05:19.679 ed the utilities 01:05:19.679 --> 01:05:24.829 installed the streets poured and cured it's going to be 01:05:24.829 --> 01:05:27.039 very very difficult to 01:05:27.039 --> 01:05:30.699 even get to the lot and of course there would be 01:05:30.699 --> 01:05:33.760 coordination issues between the 01:05:33.760 --> 01:05:38.269 contractors but perhaps that wasn't quite the scenario you 01:05:38.269 --> 01:05:40.239 had in mind and I just 01:05:40.239 --> 01:05:45.230 was what it would ask you I guess for further input or 01:05:45.230 --> 01:05:47.559 discussion sure be 01:05:47.559 --> 01:05:49.679 happy to that you want to do it in the public session 01:05:49.679 --> 01:05:53.639 probably sure sure 01:05:53.880 --> 01:05:58.829 next steps for staff as I mentioned will be continuing to 01:05:58.829 --> 01:06:02.880 work with with legal on 01:06:02.880 --> 01:06:10.789 generating revised development contract forms deciding upon 01:06:10.789 --> 01:06:12.159 the allowable forms 01:06:12.159 --> 01:06:18.239 of guarantee which options that the city of Denton would be 01:06:18.239 --> 01:06:20.280 well served in in 01:06:20.280 --> 01:06:25.750 allowing we will present this again in more detail at the 01:06:25.750 --> 01:06:27.800 public hearing I 01:06:27.800 --> 01:06:32.630 think we're talking about the the 11th of October for P&Z 01:06:32.630 --> 01:06:33.960 and then the one 01:06:33.960 --> 01:06:38.519 that's been advertised for October 17th for City Council 01:06:38.519 --> 01:06:39.719 and that's the extent 01:06:39.719 --> 01:06:42.300 of my presentation I apologize for the technical 01:06:42.300 --> 01:06:43.699 difficulties thank you for 01:06:43.699 --> 01:06:46.400 bearing with me I'd be happy to answer any questions 01:06:46.400 --> 01:06:49.349 Commissioner Roselle I just one question I can re-ask in 01:06:49.349 --> 01:06:51.000 the public but the 01:06:51.000 --> 01:06:54.159 previous slide you had mentioned talking about allowable 01:06:54.159 --> 01:06:55.599 forms of guarantee the 01:06:55.599 --> 01:06:58.750 staff also including the development community to 01:06:58.750 --> 01:07:00.199 understand what their 01:07:00.199 --> 01:07:04.900 thoughts are on forms of guarantee whether it be a your 01:07:04.900 --> 01:07:05.960 vocal trust or letter 01:07:05.960 --> 01:07:08.300 of credit are those conversations happening internally and 01:07:08.300 --> 01:07:09.719 externally I 01:07:09.719 --> 01:07:16.019 know that internally for sure externally I know that mr. 01:07:16.019 --> 01:07:17.400 Lee Allison who's here 01:07:17.400 --> 01:07:23.130 tonight is has been in frequent contact with our legal 01:07:23.130 --> 01:07:25.079 department as we are 01:07:25.079 --> 01:07:30.840 going through this process and I believe legal has 01:07:30.840 --> 01:07:33.159 addressed all your questions 01:07:33.159 --> 01:07:39.030 thus far I realize what I'm presenting tonight no okay well 01:07:39.030 --> 01:07:42.559 we will we will the 01:07:42.559 --> 01:07:47.320 city will now I realize what I'm presenting tonight as far 01:07:47.320 --> 01:07:47.579 as these 01:07:47.579 --> 01:07:55.079 alternative guarantee forms are is new and and we certainly 01:07:55.079 --> 01:07:58.320 can thank you 01:07:58.320 --> 01:08:02.639 Commissioner Beck thank you just real quick Jim if you 01:08:02.639 --> 01:08:03.440 could go back to those 01:08:03.440 --> 01:08:06.630 slides that show the difference in the timeline from the 01:08:06.630 --> 01:08:08.039 three-way contract to 01:08:08.039 --> 01:08:12.360 the two-way contract sure you've got a total of looks like 01:08:12.360 --> 01:08:15.320 13 weeks there oh no 01:08:15.320 --> 01:08:20.340 that's cumulative so that's what I'm saying yeah from final 01:08:20.340 --> 01:08:21.079 plan the 01:08:21.079 --> 01:08:25.340 three-way agreement once you're at the three way the way it 01:08:25.340 --> 01:08:26.800 is now it's about 01:08:26.800 --> 01:08:31.550 six weeks before the plat can be filed is that correct yes 01:08:31.550 --> 01:08:33.279 six six to seven 01:08:33.279 --> 01:08:35.960 weeks okay and then that following process which includes 01:08:35.960 --> 01:08:36.680 pre-construction 01:08:36.680 --> 01:08:43.819 meeting and HHA is looking at seven so you had a total of 01:08:43.819 --> 01:08:47.199 13 there right no no 01:08:47.199 --> 01:08:58.640 yeah okay okay so I now go to the future so how how is the 01:08:58.640 --> 01:09:01.119 developer served if 01:09:01.119 --> 01:09:04.550 if essentially we're looking at seven weeks before permit 01:09:04.550 --> 01:09:06.039 can be issued and 01:09:06.039 --> 01:09:09.079 I'm sure I may be the only one who didn't understand that 01:09:09.079 --> 01:09:10.000 but they get 01:09:10.000 --> 01:09:13.489 their agreement signed earlier now the plan is filed 01:09:13.489 --> 01:09:16.279 earlier so how does that 01:09:16.279 --> 01:09:24.260 help overall with the project as far as building yeah yeah 01:09:24.260 --> 01:09:25.000 that's a good 01:09:25.000 --> 01:09:31.079 question well we we all can hear I guess when I'm at let me 01:09:31.079 --> 01:09:32.119 try and rephrase it 01:09:32.119 --> 01:09:34.960 from can they actually even though the plants been filed 01:09:34.960 --> 01:09:35.920 can anything be done 01:09:35.920 --> 01:09:41.119 on the ground yet before for these other processes are done 01:09:41.119 --> 01:09:44.000 no okay so how are 01:09:44.000 --> 01:09:49.109 they benefiting through this measure we get frequent 01:09:49.109 --> 01:09:51.439 requests that to to file 01:09:51.439 --> 01:10:01.220 the plant after approval by PNC and I think the most common 01:10:01.220 --> 01:10:02.600 reason for that is 01:10:02.600 --> 01:10:06.100 that developers often have financing for their project how 01:10:06.100 --> 01:10:07.239 tied to the milestone 01:10:07.239 --> 01:10:11.159 of plat filing but now oftentimes they're not necessarily 01:10:11.159 --> 01:10:13.199 ready to hire a 01:10:13.199 --> 01:10:18.920 contractor and start building a project we do see that but 01:10:18.920 --> 01:10:21.760 it this change would 01:10:21.760 --> 01:10:25.260 allow them to get the plat file earlier and give them more 01:10:25.260 --> 01:10:26.600 flexibility is when 01:10:26.600 --> 01:10:31.279 they can bring the contractor on board for that you know it 01:10:31.279 --> 01:10:32.520 's I think it 01:10:32.520 --> 01:10:38.229 was the response we got from I think it was San Antonio 01:10:38.229 --> 01:10:41.239 they're saying it's very 01:10:41.239 --> 01:10:45.789 common almost half the time the developers would rather 01:10:45.789 --> 01:10:46.960 just bond or put 01:10:46.960 --> 01:10:51.359 up a guarantee and not build right away we want to defer 01:10:51.359 --> 01:10:52.319 that I guess what I'm 01:10:52.319 --> 01:10:55.270 having fusion and maybe Jim can help with this is why would 01:10:55.270 --> 01:10:56.199 a developer want 01:10:56.199 --> 01:10:59.029 to get started if he didn't already have contractors lying 01:10:59.029 --> 01:11:02.199 down is how is that if 01:11:02.199 --> 01:11:05.220 you get your plan followed and you don't have contracts I 01:11:05.220 --> 01:11:05.760 don't understand why 01:11:05.760 --> 01:11:08.260 you don't already have them in place so can you help me 01:11:08.260 --> 01:11:11.039 with that well someone's 01:11:11.039 --> 01:11:14.779 gonna be the time frame and to Jim's point you're as a 01:11:14.779 --> 01:11:16.399 condition depending on 01:11:16.399 --> 01:11:20.609 each individual developers project the deal the drill 01:11:20.609 --> 01:11:21.760 structure the business 01:11:21.760 --> 01:11:25.039 structure right the filing of the plat may be a condition 01:11:25.039 --> 01:11:25.800 of their loan to 01:11:25.800 --> 01:11:30.760 fund for example and it's difficult to go start signing 01:11:30.760 --> 01:11:31.680 contracts when you don't 01:11:31.680 --> 01:11:34.880 have the funds in place and the letter of credit saying 01:11:34.880 --> 01:11:37.039 okay yes we'll loan you 01:11:37.039 --> 01:11:39.750 ten million dollars you're gonna go sign the ten million 01:11:39.750 --> 01:11:41.000 dollar contract without 01:11:41.000 --> 01:11:45.039 having that done for example so that's one thing another 01:11:45.039 --> 01:11:47.439 reason would be it 01:11:47.439 --> 01:11:50.680 may be as I mentioned I think last time was called paper 01:11:50.680 --> 01:11:52.479 lots that they are done 01:11:52.479 --> 01:11:54.939 they're they're ready to go and maybe the developer is not 01:11:54.939 --> 01:11:55.800 going to actually 01:11:55.800 --> 01:11:59.689 move the dirt and take them from a piece of paper lot to a 01:11:59.689 --> 01:12:01.319 on the ground dirt lot 01:12:01.319 --> 01:12:05.180 that they're gonna sell those lots as papers called a fully 01:12:05.180 --> 01:12:06.039 entitled that you 01:12:06.039 --> 01:12:08.380 can go out there and actually begin construction whenever 01:12:08.380 --> 01:12:09.760 you would like as 01:12:09.760 --> 01:12:12.359 long as that plat is still in full force to have a time 01:12:12.359 --> 01:12:13.880 frame on them you would 01:12:13.880 --> 01:12:18.479 then go over at whatever time that it is due to the market 01:12:18.479 --> 01:12:19.520 conditions or 01:12:19.520 --> 01:12:23.619 whatever external factors there may be there may be a sale 01:12:23.619 --> 01:12:24.659 prior to actual 01:12:24.659 --> 01:12:27.439 development so it's just more flexibility versus all of 01:12:27.439 --> 01:12:28.079 these other 01:12:28.079 --> 01:12:31.239 issues sometimes and things happen to go in and having 01:12:31.239 --> 01:12:33.119 bonds in place they may 01:12:33.119 --> 01:12:38.579 not even be ready to go to work but those are those are a 01:12:38.579 --> 01:12:39.720 few scenarios maybe 01:12:39.720 --> 01:12:42.880 not all but just some that come to mind right quick thank 01:12:42.880 --> 01:12:46.239 you thank you 01:12:49.520 --> 01:12:58.039 any other questions okay thank you Jim I think that's gonna 01:12:58.039 --> 01:13:00.239 end our work session 01:13:00.239 --> 01:13:05.840 so I'll close work session here at 620 we'll try to eat 01:13:05.840 --> 01:13:07.479 really quick and then 01:13:07.479 --> 01:13:11.720 reconvene at 630 thank you 01:13:15.840 --> 01:13:18.300 good evening and welcome to the city of Denton planning and 01:13:18.300 --> 01:13:19.479 zoning Commission 01:13:19.479 --> 01:13:24.989 meeting for September 27 2017 this meeting has been duly 01:13:24.989 --> 01:13:26.039 posted we do have 01:13:26.039 --> 01:13:30.779 a quorum present and I will call us to order at 642 our 01:13:30.779 --> 01:13:31.920 first order of business 01:13:31.920 --> 01:13:36.060 will be to stand and give the pledge to us in the Texas 01:13:36.060 --> 01:13:36.479 flag 01:13:49.479 --> 01:13:52.479 invisible 01:14:10.760 --> 01:14:13.159 our next order of business will be to have a motion for our 01:14:13.159 --> 01:14:17.439 minutes unless we 01:14:17.439 --> 01:14:22.609 have anybody has a change we'll just take those as one 01:14:22.609 --> 01:14:26.960 motion okay a vote 01:14:26.960 --> 01:14:31.220 individually okay we'll take a motion then for the August 9 01:14:31.220 --> 01:14:32.720 th minutes 01:14:32.720 --> 01:14:36.600 Commissioner Rizel I move to approve August 9th okay 01:14:36.600 --> 01:14:37.760 Commissioner Beck 01:14:37.760 --> 01:14:42.779 second okay I have a first and a second any discussion or 01:14:42.779 --> 01:14:46.199 any changes seeing 01:14:46.199 --> 01:14:49.479 none will call for a vote on board 01:15:00.680 --> 01:15:02.109 motion is going to carry 4-0 with two recuse for not being 01:15:02.109 --> 01:15:05.399 attendance for 01:15:05.399 --> 01:15:09.079 those meetings and we'll move us to a motion for the 01:15:09.079 --> 01:15:12.479 September 13th minutes 01:15:16.239 --> 01:15:20.029 Commissioner Smith a motion to accept okay Commissioner Riz 01:15:20.029 --> 01:15:22.159 el second okay we 01:15:22.159 --> 01:15:28.270 have a first and a second for approval any discussion or 01:15:28.270 --> 01:15:30.600 changes seeing none 01:15:30.600 --> 01:15:33.680 a call for a vote on the board 01:15:45.760 --> 01:15:52.159 that motion will carry 4-0 with three recuse for not being 01:15:52.159 --> 01:15:52.960 attendance of that 01:15:52.960 --> 01:15:58.300 particular meeting before we get started on the consent 01:15:58.300 --> 01:15:59.840 agenda the chair is going 01:15:59.840 --> 01:16:04.210 to change the order of the public hearings I'm going to 01:16:04.210 --> 01:16:05.640 move item B to be 01:16:05.640 --> 01:16:10.229 the first item that we will hear during our public hearing 01:16:10.229 --> 01:16:11.880 section and the reason 01:16:11.880 --> 01:16:17.000 for that is I have a conflict of interest on one of the 01:16:17.000 --> 01:16:17.880 consent agenda 01:16:17.880 --> 01:16:22.220 items and then I have a conflict of interest on item B and 01:16:22.220 --> 01:16:23.399 so I'm going to 01:16:23.399 --> 01:16:27.000 recuse myself on both of those items and I will turn the 01:16:27.000 --> 01:16:28.640 chair over to our vice 01:16:28.640 --> 01:16:32.720 chair Commissioner Rizel thank you 01:16:42.119 --> 01:16:45.399 the next item on the agenda is the consent agenda and the 01:16:45.399 --> 01:16:49.039 vice chair will 01:16:49.039 --> 01:16:53.850 hear any votes or discussion on the consent agenda 01:16:53.850 --> 01:16:56.439 Commissioner Ellis thank 01:16:56.439 --> 01:16:59.140 you vice chair I move to approve the consent agenda and 01:16:59.140 --> 01:17:00.359 Commissioner Sullivan 01:17:00.359 --> 01:17:00.359 a second we have a first and a second any discussion you 01:17:00.359 --> 01:17:08.359 vote on the board 01:17:11.880 --> 01:17:29.680 the consent agenda passes 6-0 with one recusal the next 01:17:29.680 --> 01:17:31.479 item on the agenda is 01:17:31.479 --> 01:17:35.520 our public hearing item Z 1700 13 a this is a public 01:17:35.520 --> 01:17:36.720 hearing so I'll open up the 01:17:36.720 --> 01:17:41.850 public hearing and invite Julie Wyatt presentation vice 01:17:41.850 --> 01:17:42.520 chair we're gonna move 01:17:42.520 --> 01:17:48.659 item be it at the same thing work session Z 1700 15 still 01:17:48.659 --> 01:17:49.760 miss Wyatt 01:17:57.439 --> 01:17:58.510 all right did y'all want me to go through the end the whole 01:17:58.510 --> 01:18:00.840 presentation 01:18:00.840 --> 01:18:05.100 again or just do a summary it just fits up to you I think 01:18:05.100 --> 01:18:05.880 we do the full 01:18:05.880 --> 01:18:10.199 presentation great all right so the request before you is Z 01:18:10.199 --> 01:18:11.560 1715 McKinney 01:18:11.560 --> 01:18:17.640 Mayhill and this is to hold a public hearing and consider 01:18:17.640 --> 01:18:17.880 making a 01:18:17.880 --> 01:18:21.189 recommendation regarding a request to rezone approximately 01:18:21.189 --> 01:18:22.399 73 acres from the 01:18:22.399 --> 01:18:26.310 ECI zoning district to CMG zoning district just to orient 01:18:26.310 --> 01:18:27.359 you the site is 01:18:27.359 --> 01:18:32.149 generally located at the at the northeast corner of loop 28 01:18:32.149 --> 01:18:32.720 8 and 01:18:32.720 --> 01:18:38.050 McKinney currently the property has a zoning designation of 01:18:38.050 --> 01:18:40.079 ECI it also has 01:18:40.079 --> 01:18:45.760 frontage on on several major roads loop 288 McKinney and 01:18:45.760 --> 01:18:47.439 then also the future 01:18:47.439 --> 01:18:53.159 alignment of Mayhill it also has some frontage on market 01:18:53.159 --> 01:18:55.199 and just to kind of 01:18:55.199 --> 01:18:58.670 discuss what's existing on the site because there are a few 01:18:58.670 --> 01:18:59.640 uses existing on 01:18:59.640 --> 01:19:02.859 the site first of all on the north side of the property is 01:19:02.859 --> 01:19:04.199 an existing building 01:19:04.199 --> 01:19:07.140 it is come recently come to my attention that that that 01:19:07.140 --> 01:19:08.319 property has actually 01:19:08.319 --> 01:19:11.369 sold and I believe the property owner for that for that 01:19:11.369 --> 01:19:12.640 piece of property is 01:19:12.640 --> 01:19:15.420 here tonight and we'll be able to speak to you after my 01:19:15.420 --> 01:19:17.840 presentation and I 01:19:17.840 --> 01:19:21.409 believe that as it is currently being used as a community 01:19:21.409 --> 01:19:22.640 service facility 01:19:22.640 --> 01:19:26.890 there's also some warehouses on the property as well as 01:19:26.890 --> 01:19:28.239 some single-family 01:19:28.239 --> 01:19:32.970 homes there was once a lumberyard at the corner of loop 288 01:19:32.970 --> 01:19:33.800 and McKinney that is 01:19:33.800 --> 01:19:37.090 no longer there and then there's some there's quite a few 01:19:37.090 --> 01:19:38.000 trees within the 01:19:38.000 --> 01:19:40.760 center of the property so just to let you know prior to 01:19:40.760 --> 01:19:42.319 development they will 01:19:42.319 --> 01:19:45.239 have there will be an environmental sensitive area 01:19:45.239 --> 01:19:46.199 assessment that will need 01:19:46.199 --> 01:19:49.800 to be done in order to determine if this is upland habitat 01:19:49.800 --> 01:19:50.840 if it is an additional 01:19:50.840 --> 01:19:54.760 tree preservation requirements may apply 01:19:55.600 --> 01:19:58.109 so to begin our analysis we first look at what the 01:19:58.109 --> 01:19:59.720 properties are immediately 01:19:59.720 --> 01:20:03.310 adjacent to the site so within about 200 feet so you can 01:20:03.310 --> 01:20:04.920 see there is adjacent 01:20:04.920 --> 01:20:08.189 ECI which includes some self-storage uses some office uses 01:20:08.189 --> 01:20:09.079 as well as some 01:20:09.079 --> 01:20:14.100 vehicle repair to the north there's also CMG and CME across 01:20:14.100 --> 01:20:15.199 loop 288 and 01:20:15.199 --> 01:20:18.930 McKinney which includes commercial development as well as 01:20:18.930 --> 01:20:20.119 multifamily in 01:20:20.119 --> 01:20:24.520 our MU is across loop 288 to the north which has developed 01:20:24.520 --> 01:20:25.920 with a multifamily 01:20:25.920 --> 01:20:30.800 use if we zoom out a little further we see that further 01:20:30.800 --> 01:20:31.600 further west you've 01:20:31.600 --> 01:20:34.170 got a single-family residential neighborhood that has an NR 01:20:34.170 --> 01:20:34.720 for zoning 01:20:34.720 --> 01:20:39.159 district some NR MU 12 in this area which has multifamily 01:20:39.159 --> 01:20:40.920 development RD 5x 01:20:40.920 --> 01:20:45.329 off to the east which includes office single-family office 01:20:45.329 --> 01:20:46.159 and single-family 01:20:46.159 --> 01:20:49.319 development as well as some agriculture and then in our in 01:20:49.319 --> 01:20:50.359 our two which has a 01:20:50.359 --> 01:20:55.750 high school on it so it has quite a few mix of uses one of 01:20:55.750 --> 01:20:57.199 the large factors in 01:20:57.199 --> 01:21:01.520 our analysis of this request was the mobility of the area 01:21:01.520 --> 01:21:03.479 in terms of the 01:21:03.479 --> 01:21:06.729 access to the site and that will the final access will be 01:21:06.729 --> 01:21:07.680 done upon site 01:21:07.680 --> 01:21:11.869 planning and platting but in terms of what what the nearby 01:21:11.869 --> 01:21:13.079 road network is 01:21:13.079 --> 01:21:16.340 first of all we've got a secondary arterial which is McKin 01:21:16.340 --> 01:21:17.800 ney the intent of 01:21:17.800 --> 01:21:21.229 a secondary arterial is to move our residents through the 01:21:21.229 --> 01:21:22.039 city to different 01:21:22.039 --> 01:21:28.159 parts of the city it also has an existing arterial loop 288 01:21:28.159 --> 01:21:28.880 we probably 01:21:28.880 --> 01:21:32.189 are all familiar with in this area it's it's a commercial 01:21:32.189 --> 01:21:33.880 corridor and the 01:21:33.880 --> 01:21:36.409 intent of an arterial is to move people not only through 01:21:36.409 --> 01:21:37.439 the city but into and 01:21:37.439 --> 01:21:42.500 out of the city and then we also have a an arterial that is 01:21:42.500 --> 01:21:43.680 is soon to be 01:21:43.680 --> 01:21:47.250 constructed and that is the realignment of May Hill and I 01:21:47.250 --> 01:21:48.600 will go into that a 01:21:48.600 --> 01:21:50.869 little further on the next slide but but that is also 01:21:50.869 --> 01:21:52.239 functioning functioning as 01:21:52.239 --> 01:21:54.510 an arterial to move people into the city as well as through 01:21:54.510 --> 01:21:55.319 through the city 01:21:55.319 --> 01:21:58.539 there's also some collectors Mills Road as well as some 01:21:58.539 --> 01:22:00.039 collectors to the north 01:22:00.039 --> 01:22:03.510 of the subject property and then let's take a little closer 01:22:03.510 --> 01:22:04.479 look at or a little 01:22:04.479 --> 01:22:08.239 further outlook zoomed outlook of May Hill so right now you 01:22:08.239 --> 01:22:09.439 can see the subject 01:22:09.439 --> 01:22:14.510 property is here in that yellow star and this this dot dash 01:22:14.510 --> 01:22:16.119 ed line is is a a 01:22:16.119 --> 01:22:20.479 schematic of the future of May Hill alignment and that is 01:22:20.479 --> 01:22:21.479 intended to 01:22:21.479 --> 01:22:25.159 connect to go to go north of the city as well as connect to 01:22:25.159 --> 01:22:27.439 the south to 2499 at 01:22:27.439 --> 01:22:31.359 Teasley and that goes all the way to DFW Airport so this is 01:22:31.359 --> 01:22:32.680 going to be quite a 01:22:32.680 --> 01:22:35.760 regional connection that will affect not only the 01:22:35.760 --> 01:22:37.520 development of the subject 01:22:37.520 --> 01:22:42.869 property but but a lot of the property along that corridor 01:22:42.869 --> 01:22:44.760 didn't plan 2030 01:22:44.760 --> 01:22:48.649 identifies this area as as in terms of future land use and 01:22:48.649 --> 01:22:49.560 what type of 01:22:49.560 --> 01:22:52.489 development we want to see as community mixed use the 01:22:52.489 --> 01:22:53.960 intent of community mixed 01:22:53.960 --> 01:22:56.380 use is to promote a mix of uses but predominantly 01:22:56.380 --> 01:22:57.800 commercial commercial 01:22:57.800 --> 01:23:02.380 development with some possible residential service or other 01:23:02.380 --> 01:23:03.319 office uses 01:23:03.319 --> 01:23:06.439 employment uses this development should complement the 01:23:06.439 --> 01:23:08.239 existing development use 01:23:08.239 --> 01:23:11.600 pattern and and design and should raise that standard of 01:23:11.600 --> 01:23:12.720 design and have it 01:23:12.720 --> 01:23:16.670 develop in a commercial way typical development it would be 01:23:16.670 --> 01:23:16.960 the the 01:23:16.960 --> 01:23:21.159 supermarkets drugstores specialty shops maybe midsize 01:23:21.159 --> 01:23:23.000 offices and and possibly 01:23:23.000 --> 01:23:27.279 higher density housing the uses within the proposed CMG 01:23:27.279 --> 01:23:29.079 district do align with 01:23:29.079 --> 01:23:32.960 the future land use so it is compatible and conforms to the 01:23:32.960 --> 01:23:33.840 the goals of the 01:23:33.840 --> 01:23:40.560 area per the Denton plan 2030 so when we look at a case we 01:23:40.560 --> 01:23:41.720 we look at the 01:23:41.720 --> 01:23:44.239 comprehensive plan but we also want to take a look at the 01:23:44.239 --> 01:23:45.159 at the surrounding 01:23:45.159 --> 01:23:48.119 properties and what the compatibility is and how we want to 01:23:48.119 --> 01:23:49.039 see it develop so 01:23:49.039 --> 01:23:52.890 staff does believe that CMG district is appropriate in this 01:23:52.890 --> 01:23:53.880 location as we 01:23:53.880 --> 01:23:57.880 typically want to see commercial type development on arter 01:23:57.880 --> 01:23:59.199 ial roadways right 01:23:59.199 --> 01:24:02.170 now under current zoning it is one of our more industrial 01:24:02.170 --> 01:24:03.079 districts that 01:24:03.079 --> 01:24:06.270 allows more some some industrial uses and allows us to 01:24:06.270 --> 01:24:07.720 develop in an industrial 01:24:07.720 --> 01:24:14.149 way and so staff feels like this is at this rezoning to CMG 01:24:14.149 --> 01:24:14.960 would would would 01:24:14.960 --> 01:24:17.390 not only get this property in conformance with the future 01:24:17.390 --> 01:24:18.000 land use but 01:24:18.000 --> 01:24:22.840 also would align with the the types of uses we typically 01:24:22.840 --> 01:24:24.479 want to see when when 01:24:24.479 --> 01:24:27.109 you've got this kind of access in terms of the Mayhill the 01:24:27.109 --> 01:24:28.640 loop 288 and even 01:24:28.640 --> 01:24:32.659 McKinney it is a logical extension of the existing zoning 01:24:32.659 --> 01:24:34.319 pattern if you just 01:24:34.319 --> 01:24:38.579 take a look on the bottom picture map you've got CMG on 01:24:38.579 --> 01:24:40.199 three corners of that 01:24:40.199 --> 01:24:44.680 loop 288 McKinney intersection so this really is just a 01:24:44.680 --> 01:24:45.319 completion of that 01:24:45.319 --> 01:24:49.210 intersection and as I said the future and existing road 01:24:49.210 --> 01:24:50.560 network provides 01:24:50.560 --> 01:24:54.310 adequate access and is appropriate for that CMG we do we do 01:24:54.310 --> 01:24:55.039 want to be sensitive 01:24:55.039 --> 01:24:58.229 to the adjacent residential and the nearby residential and 01:24:58.229 --> 01:24:59.119 so in looking at 01:24:59.119 --> 01:25:03.390 this that that existing roadway network does provide some 01:25:03.390 --> 01:25:04.399 separation from these 01:25:04.399 --> 01:25:07.960 commercial uses to those residential neighborhoods nearby 01:25:07.960 --> 01:25:08.720 provides a little 01:25:08.720 --> 01:25:12.930 bit of buffer a little bit of nuisance mitigation there was 01:25:12.930 --> 01:25:13.760 a public 01:25:13.760 --> 01:25:17.500 notification sent out and we received two notices in favor 01:25:17.500 --> 01:25:18.479 and I believe I 01:25:18.479 --> 01:25:23.010 provided those to you at the work session so based upon the 01:25:23.010 --> 01:25:23.680 the criteria 01:25:23.680 --> 01:25:26.710 for approval for that it must meet the future land use and 01:25:26.710 --> 01:25:27.479 then also the 01:25:27.479 --> 01:25:30.479 character of the area staff does recommend approval of the 01:25:30.479 --> 01:25:31.079 request I'll 01:25:31.079 --> 01:25:33.770 stand for any questions and the applicant is here to answer 01:25:33.770 --> 01:25:34.279 any further 01:25:34.279 --> 01:25:37.479 questions you have thank you Julie any questions for staff 01:25:37.479 --> 01:25:38.039 at this time 01:25:38.039 --> 01:25:42.319 Commissioner Beck thank you vice chair this probably isn't 01:25:42.319 --> 01:25:43.119 necessarily 01:25:43.119 --> 01:25:47.810 appropriate question for zone chain thing but the expansion 01:25:47.810 --> 01:25:48.840 of McKinney 01:25:48.840 --> 01:25:51.180 obviously if we're going to make the second arterial has to 01:25:51.180 --> 01:25:51.760 be four lanes 01:25:51.760 --> 01:25:56.140 correct two lanes going each way if this plan goes through 01:25:56.140 --> 01:25:58.119 all the way can we 01:25:58.119 --> 01:26:02.420 expect McKinney to be widened by the time completion of 01:26:02.420 --> 01:26:03.399 construction or maybe 01:26:03.399 --> 01:26:07.149 even prior to well I don't know about any city projects 01:26:07.149 --> 01:26:07.840 associated with 01:26:07.840 --> 01:26:10.380 McKinney but in terms of the current requirements for 01:26:10.380 --> 01:26:11.560 development within the 01:26:11.560 --> 01:26:17.319 city at the time of development a developer would have to 01:26:17.319 --> 01:26:18.000 improve their 01:26:18.000 --> 01:26:22.050 section of that road for their half so there would be right 01:26:22.050 --> 01:26:23.199 of way dedication 01:26:23.199 --> 01:26:27.050 associated with the plat so if there's not if there's if we 01:26:27.050 --> 01:26:27.920 if the existing 01:26:27.920 --> 01:26:30.260 right away doesn't match what with the future expansion of 01:26:30.260 --> 01:26:31.079 McKinney is then 01:26:31.079 --> 01:26:33.439 then if that would have to be dedicated at the time of plat 01:26:33.439 --> 01:26:34.680 ting and then during 01:26:34.680 --> 01:26:37.560 site planning construction any public perimeter 01:26:37.560 --> 01:26:39.479 improvements would on those 01:26:39.479 --> 01:26:42.430 streets would have to be completed so the developer would 01:26:42.430 --> 01:26:43.199 be responsible for 01:26:43.199 --> 01:26:47.000 at least two lanes that about their property on the Kennedy 01:26:47.000 --> 01:26:48.880 well in terms of 01:26:48.880 --> 01:26:54.000 I could why don't I call Jim jinx out and he can be a 01:26:54.000 --> 01:26:55.039 little more specificity 01:26:55.039 --> 01:26:58.439 so I'll have Jim come up 01:27:05.720 --> 01:27:09.819 so the question was required improvements to McKinney 01:27:09.819 --> 01:27:10.720 Street itself 01:27:10.720 --> 01:27:19.720 right okay at the time of construction right right I don't 01:27:19.720 --> 01:27:20.359 think on this 01:27:20.359 --> 01:27:26.439 project I don't think a plat has been submitted yet right 01:27:26.439 --> 01:27:27.439 so we really haven't 01:27:27.439 --> 01:27:33.159 gotten to those issues yet okay however I mean our typical 01:27:33.159 --> 01:27:35.439 exactions would be 01:27:35.439 --> 01:27:39.640 right away along the applicants frontage McKinney is a 01:27:39.640 --> 01:27:42.800 secondary arterial so 01:27:42.800 --> 01:27:48.399 typical exaction there would be half the ultimate 110 foot 01:27:48.399 --> 01:27:50.239 section 55 foot in 01:27:50.239 --> 01:27:55.970 this case beyond that like I said we those sorts of things 01:27:55.970 --> 01:27:57.279 usually are 01:27:57.279 --> 01:28:01.210 determined upon platting okay and McKinney is still a text 01:28:01.210 --> 01:28:03.720 dot no no sir 01:28:03.720 --> 01:28:07.520 not anymore I believe last year it converted over to the 01:28:07.520 --> 01:28:08.720 city okay I knew 01:28:08.720 --> 01:28:15.800 that that was in the plans okay great thank you Jim any 01:28:15.800 --> 01:28:16.640 other questions for 01:28:16.640 --> 01:28:20.050 stuff Commissioner Ellis thank you vice-chair Julie did we 01:28:20.050 --> 01:28:21.199 ever clarify if 01:28:21.199 --> 01:28:25.680 there were private homeowners on that side of the property 01:28:25.680 --> 01:28:26.800 I think the 01:28:26.800 --> 01:28:29.399 applicant would be able to answer that a little more fully 01:28:29.399 --> 01:28:30.319 I did speak with him 01:28:30.319 --> 01:28:32.800 before this meeting and he said those houses were vacant 01:28:32.800 --> 01:28:33.680 but you may want to 01:28:33.680 --> 01:28:36.920 confirm it with him and make sure that we're all talking 01:28:36.920 --> 01:28:38.199 about the same thing 01:28:38.560 --> 01:28:40.729 thank you Julie I think that's all the questions we have 01:28:40.729 --> 01:28:41.520 this is a public 01:28:41.520 --> 01:28:44.109 hearing anyone wishing to speak can do so I have two cards 01:28:44.109 --> 01:28:44.960 for individuals 01:28:44.960 --> 01:28:49.359 wanting to speak the first would be Pat Smith if you would 01:28:49.359 --> 01:28:52.079 like to come down if 01:28:52.079 --> 01:28:55.840 you're wishing to speak if you just say your name and 01:28:55.840 --> 01:28:57.600 address and you have four 01:28:57.600 --> 01:29:03.329 minutes good evening I'm Pat Smith 1417 Cambridge Lane I 01:29:03.329 --> 01:29:04.880 represent that an 01:29:04.880 --> 01:29:07.930 assistant center also known as served in we are currently 01:29:07.930 --> 01:29:08.840 the owners of the 01:29:08.840 --> 01:29:13.420 building at 306 North Loop 288 we acquired that as of 01:29:13.420 --> 01:29:16.479 September 1st just 01:29:16.479 --> 01:29:20.779 simply to state that we fully support this request this 01:29:20.779 --> 01:29:23.039 will become a 01:29:23.039 --> 01:29:28.500 multi-tenant facility for nonprofits to include a health 01:29:28.500 --> 01:29:30.359 clinic offices for 01:29:30.359 --> 01:29:33.409 about nine different agencies as of right now with the 01:29:33.409 --> 01:29:34.640 capability to serve 01:29:34.640 --> 01:29:38.640 several other agencies and we're very excited about the 01:29:38.640 --> 01:29:40.840 opportunity to begin 01:29:40.840 --> 01:29:43.810 construction in the next couple weeks and we'll keep you 01:29:43.810 --> 01:29:45.600 updated as we go any 01:29:45.600 --> 01:29:50.399 questions Commissioner Smith Mr. Smith for clarification 01:29:50.399 --> 01:29:51.640 just for any ethical 01:29:51.640 --> 01:29:54.159 issues that I may fall into can you clarify your role 01:29:54.159 --> 01:29:55.119 currently with serve 01:29:55.119 --> 01:29:59.159 Denton yes I am a board member I am not executive director 01:29:59.159 --> 01:29:59.880 you receive no 01:29:59.880 --> 01:30:01.930 compensation whatsoever from the organization right now 01:30:01.930 --> 01:30:04.079 correct thank you 01:30:04.079 --> 01:30:08.439 I sure I do have a comment yes our question for mr. Smith 01:30:08.439 --> 01:30:10.000 mr. Smith it's my 01:30:10.000 --> 01:30:13.000 understanding you purchased the property in September or 01:30:13.000 --> 01:30:14.760 closed or not not you 01:30:14.760 --> 01:30:18.449 person but served in at the time of submittal of the 01:30:18.449 --> 01:30:19.760 application it was 01:30:19.760 --> 01:30:22.520 under a different ownership and so the application was 01:30:22.520 --> 01:30:23.960 submitted under that 01:30:23.960 --> 01:30:28.720 understanding however now that the served in owns the 01:30:28.720 --> 01:30:30.720 property are you okay 01:30:30.720 --> 01:30:33.439 with the zoning district because it is going to be included 01:30:33.439 --> 01:30:35.159 the property is as 01:30:35.159 --> 01:30:41.239 long as the current property owner is in agreement with the 01:30:41.239 --> 01:30:43.239 application moving 01:30:43.239 --> 01:30:47.039 forward and is this yes okay we've checked the 01:30:47.039 --> 01:30:48.800 compatibility code there's 01:30:48.800 --> 01:30:54.189 no issues for our perspective and so that to close the loop 01:30:54.189 --> 01:30:55.640 we will require 01:30:55.640 --> 01:31:01.149 served in the representative of served in to help clarify 01:31:01.149 --> 01:31:02.600 the issue fill out 01:31:02.600 --> 01:31:06.960 and sign the application so that it's in our records to 01:31:06.960 --> 01:31:08.920 show that the property 01:31:08.920 --> 01:31:12.470 owner is in agreement of the zoning change we'll be happy 01:31:12.470 --> 01:31:15.199 to do that see no 01:31:15.199 --> 01:31:18.149 other questions thank you mr. Smith the next card I have is 01:31:18.149 --> 01:31:19.680 for Greg Johnson so 01:31:19.680 --> 01:31:22.500 you can just state your name and address for the record and 01:31:22.500 --> 01:31:23.800 you got four minutes 01:31:23.800 --> 01:31:27.899 as well shocker but I actually won't take my four minutes 01:31:27.899 --> 01:31:28.359 it'd be the first 01:31:28.359 --> 01:31:31.439 time ever thank you all for your service I just want to 01:31:31.439 --> 01:31:32.239 speak in favor of this 01:31:32.239 --> 01:31:36.739 project our firm leases and sells a lot of property on loop 01:31:36.739 --> 01:31:39.279 288 corridor I think 01:31:39.279 --> 01:31:42.039 it's safe to say that that corner is rather blighted today 01:31:42.039 --> 01:31:43.399 mr. strange has 01:31:43.399 --> 01:31:45.739 assembled a lot of property there with the opportunity to 01:31:45.739 --> 01:31:46.520 create a real true 01:31:46.520 --> 01:31:50.659 quality mixed-use project I think we'd be really proud of 01:31:50.659 --> 01:31:51.800 and that would 01:31:51.800 --> 01:31:54.899 continue that quality development going to the north it's 01:31:54.899 --> 01:31:56.359 kind of stopped you 01:31:56.359 --> 01:31:59.090 know down there south of the county annex right now and I 01:31:59.090 --> 01:31:59.960 think this project 01:31:59.960 --> 01:32:03.920 would continue and and and really we'd love to see a 01:32:03.920 --> 01:32:05.800 quality grocery store 01:32:05.800 --> 01:32:10.289 there and I think that once this thing kicks off I think we 01:32:10.289 --> 01:32:10.800 'll be able to 01:32:10.800 --> 01:32:13.880 attract a lot higher quality tenants that have been a 01:32:13.880 --> 01:32:15.079 little bit scared of 01:32:15.079 --> 01:32:18.020 that part of town that all seem to want to be close to 01:32:18.020 --> 01:32:19.439 raise a ranch and group 01:32:19.439 --> 01:32:21.800 together up there and so I would highly encourage you to 01:32:21.800 --> 01:32:22.560 recommend approval of 01:32:22.560 --> 01:32:24.630 this project because I think it's really going to help that 01:32:24.630 --> 01:32:25.600 part of town thank 01:32:25.600 --> 01:32:29.260 you see any other questions I have one more card mr. JV 01:32:29.260 --> 01:32:31.319 strange if you just 01:32:31.319 --> 01:32:35.819 state your name and address you have four minutes good 01:32:35.819 --> 01:32:36.760 evening ladies and 01:32:36.760 --> 01:32:40.800 gentlemen my name is JV strange my office address is 531 01:32:40.800 --> 01:32:42.079 North Locust in 01:32:42.079 --> 01:32:46.039 Texas 76201 appreciate the opportunity to come before you 01:32:46.039 --> 01:32:50.279 tonight I think that 01:32:50.279 --> 01:32:53.920 mrs. white made a very comprehensive presentation both as a 01:32:53.920 --> 01:32:54.760 work session and 01:32:54.760 --> 01:32:57.989 tonight as to what the merits of this zoning case are 01:32:57.989 --> 01:32:59.640 appreciate mr. Johnson 01:32:59.640 --> 01:33:02.529 - he pretty much stole my thunder so probably could give 01:33:02.529 --> 01:33:03.600 him giving him part 01:33:03.600 --> 01:33:07.770 of my four minutes but I did want to reiterate a couple 01:33:07.770 --> 01:33:09.479 things as I mentioned 01:33:09.479 --> 01:33:11.880 except through your work session this afternoon and I heard 01:33:11.880 --> 01:33:12.399 a couple of 01:33:12.399 --> 01:33:16.220 questions and to clarify where we are when you look at the 01:33:16.220 --> 01:33:17.680 property bounded in 01:33:17.680 --> 01:33:23.010 yellow we owned on or owned all that property when we 01:33:23.010 --> 01:33:24.239 applied for our zoning 01:33:24.239 --> 01:33:29.199 back in I think was May 17th we did own the county building 01:33:29.199 --> 01:33:30.159 we didn't go into 01:33:30.159 --> 01:33:34.840 contract to sell that to them until July 7th and then as mr 01:33:34.840 --> 01:33:36.640 . Smith indicated that 01:33:36.640 --> 01:33:40.109 property was closed near the end of August 1st September so 01:33:40.109 --> 01:33:41.199 we were well into 01:33:41.199 --> 01:33:44.359 the zoning at the point in time that that sale was contempl 01:33:44.359 --> 01:33:46.000 ated I would take 01:33:46.000 --> 01:33:49.420 it oversight by having not made sure with city that we 01:33:49.420 --> 01:33:50.720 needed him included 01:33:50.720 --> 01:33:52.909 but I think you've heard tonight he is willing to be 01:33:52.909 --> 01:33:55.079 included we do not own the 01:33:55.079 --> 01:33:59.220 2.157 acres at the southeast corner down at the 01:33:59.220 --> 01:34:01.520 intersection of McKinney and Luke 01:34:01.520 --> 01:34:06.359 288 we sold that to 7-eleven corporation we did go back to 01:34:06.359 --> 01:34:07.060 them and they 01:34:07.060 --> 01:34:10.960 submitted a letter a letter of consent that they wish to be 01:34:10.960 --> 01:34:12.399 included it's more 01:34:12.399 --> 01:34:16.850 compatible with what they intend to do with the property so 01:34:16.850 --> 01:34:19.119 that with the 01:34:19.119 --> 01:34:21.939 exception of served in which we did own but we now don't 01:34:21.939 --> 01:34:22.840 own and with the 01:34:22.840 --> 01:34:25.859 exception of 7-eleven which we did own and sold but have 01:34:25.859 --> 01:34:26.760 their letter of 01:34:26.760 --> 01:34:30.119 consent we do have title to all of the other properties 01:34:30.119 --> 01:34:31.359 that were within that 01:34:31.359 --> 01:34:36.520 yellow just to be clear on it the properties along McKinney 01:34:36.520 --> 01:34:38.279 Street don't 01:34:38.279 --> 01:34:41.970 have a pointer but where that loop is where the small Oak 01:34:41.970 --> 01:34:44.119 Hill office park is 01:34:44.119 --> 01:34:49.010 that we acquired back in September of 16 the adjacent 01:34:49.010 --> 01:34:51.000 property to it that runs 01:34:51.000 --> 01:34:56.170 the entire length of the property along that kind of a gray 01:34:56.170 --> 01:34:57.020 line we also 01:34:57.020 --> 01:35:02.060 acquired back in September of last year then we acquired 01:35:02.060 --> 01:35:03.920 several individual 01:35:03.920 --> 01:35:08.689 tracks along McKinney Street there is one if you went out 01:35:08.689 --> 01:35:09.680 there today there's 01:35:09.680 --> 01:35:13.149 one little tiny tiny house there that in another good wind 01:35:13.149 --> 01:35:14.239 will fall down and 01:35:14.239 --> 01:35:17.850 we'll hold it off there is nobody living there there is a 01:35:17.850 --> 01:35:19.239 nicer home up to the 01:35:19.239 --> 01:35:22.899 north toward the northeast corner belong to Mrs. Fonny 01:35:22.899 --> 01:35:24.800 George we bought that 01:35:24.800 --> 01:35:27.560 property last September we allowed miss George to continue 01:35:27.560 --> 01:35:28.319 living there for six 01:35:28.319 --> 01:35:32.060 months rent free to give her time to find another home she 01:35:32.060 --> 01:35:32.880 has something 01:35:32.880 --> 01:35:37.300 moved out we did have a temporary renter in there they have 01:35:37.300 --> 01:35:38.560 moved out in any 01:35:38.560 --> 01:35:41.079 tenants that go in there will be our tenants and will be 01:35:41.079 --> 01:35:41.720 subject to a 01:35:41.720 --> 01:35:46.170 short-term lease so just to clarify those those points we 01:35:46.170 --> 01:35:46.640 do on the 01:35:46.640 --> 01:35:51.449 property I know that it came before PNZ and the council 01:35:51.449 --> 01:35:53.319 previously but this area 01:35:53.319 --> 01:35:56.960 was to be a CMG zoning it was in the Denton 2030 plan with 01:35:56.960 --> 01:35:57.520 both which were 01:35:57.520 --> 01:36:01.180 approved here at its City Council so we bought the property 01:36:01.180 --> 01:36:02.279 felt like we felt 01:36:02.279 --> 01:36:05.289 like that we were in compliance with the zoning that was in 01:36:05.289 --> 01:36:06.439 place or the zoning 01:36:06.439 --> 01:36:10.850 designations that were in place in working with staff we 01:36:10.850 --> 01:36:12.640 have assured that 01:36:12.640 --> 01:36:14.640 anything we plan to do out there hopefully will be covered 01:36:14.640 --> 01:36:15.119 aren't this 01:36:15.119 --> 01:36:19.050 zoning we just want to get this is owned at this time then 01:36:19.050 --> 01:36:19.680 we will commence 01:36:19.680 --> 01:36:23.520 working on plans to further develop a property but zoning 01:36:23.520 --> 01:36:24.800 is a first step no 01:36:24.800 --> 01:36:27.770 need take any steps out there beyond this until we are 01:36:27.770 --> 01:36:28.760 zones that window 01:36:28.760 --> 01:36:32.229 exactly what uses we can and cannot have but I will tell 01:36:32.229 --> 01:36:33.199 you anything that we're 01:36:33.199 --> 01:36:37.449 contemplating doing on the property will confront will 01:36:37.449 --> 01:36:40.239 conform to CMG zoning if 01:36:40.239 --> 01:36:43.989 you haven't been out there I would also tell you that as of 01:36:43.989 --> 01:36:45.239 today the ME is out 01:36:45.239 --> 01:36:48.289 there putting telephone or putting the new power lines up 01:36:48.289 --> 01:36:49.359 along the west side 01:36:49.359 --> 01:36:52.970 of Mayhill the gas line is gas companies already completed 01:36:52.970 --> 01:36:54.460 their gas line so the 01:36:54.460 --> 01:36:57.979 widening of Mayhill is underway thank goodness and one 01:36:57.979 --> 01:36:59.880 question came up I think 01:36:59.880 --> 01:37:03.590 earlier there's a little strip between our yellow line and 01:37:03.590 --> 01:37:06.319 Mayhill and that is 01:37:06.319 --> 01:37:09.470 right of way that has already been taken by the city of 01:37:09.470 --> 01:37:10.720 Denton so we have no 01:37:10.720 --> 01:37:13.130 further right of way requirements along Mayhill that has 01:37:13.130 --> 01:37:14.560 already all been taken 01:37:14.560 --> 01:37:18.270 in consideration and I think a portion of the right right 01:37:18.270 --> 01:37:19.439 away alone McKinney 01:37:19.439 --> 01:37:22.819 but my understanding has also been taken account if not as 01:37:22.819 --> 01:37:23.880 it was mentioned 01:37:23.880 --> 01:37:27.060 earlier as it comes down to the platting stages we will 01:37:27.060 --> 01:37:28.119 consider a lot of 01:37:28.119 --> 01:37:33.359 requirements are there so anyway I would ask you if there 01:37:33.359 --> 01:37:34.800 are any questions or 01:37:34.800 --> 01:37:37.350 anything and get was not clear to you and either either the 01:37:37.350 --> 01:37:38.279 presentations or 01:37:38.279 --> 01:37:42.039 if there's any other questions that you would have of me I 01:37:42.039 --> 01:37:43.479 do not see any 01:37:43.479 --> 01:37:49.920 questions thank you mr. strange I just want to say just you 01:37:49.920 --> 01:37:50.720 clarified a lot of 01:37:50.720 --> 01:37:53.800 the questions we had and those are some of the questions we 01:37:53.800 --> 01:37:54.560 that I had was 01:37:54.560 --> 01:37:59.149 ownership so I appreciate that yeah we also had letters 01:37:59.149 --> 01:37:59.880 that we gave to see 01:37:59.880 --> 01:38:02.239 the staff on all I appreciate you going to such detail 01:38:02.239 --> 01:38:03.880 thank you very much any 01:38:03.880 --> 01:38:07.810 other questions I do not see any thank you this is a public 01:38:07.810 --> 01:38:08.399 hearing anyone 01:38:08.399 --> 01:38:13.859 wishing to speak may do so seeing none I will close the 01:38:13.859 --> 01:38:15.159 public hearing and open 01:38:15.159 --> 01:38:19.479 the floor for discussion and or motion Commissioner Ellis 01:38:19.479 --> 01:38:21.359 thank you vice chair 01:38:21.359 --> 01:38:24.939 I think this is an ideal request for this property I think 01:38:24.939 --> 01:38:25.560 this has been a 01:38:25.560 --> 01:38:28.210 long-forgotten part of town as it was stated before and I 01:38:28.210 --> 01:38:29.560 think it's going to 01:38:29.560 --> 01:38:32.100 be a great development great for the town so I will motion 01:38:32.100 --> 01:38:33.079 to approve thank 01:38:33.079 --> 01:38:35.840 you commissioner Smith I will second that motion we have a 01:38:35.840 --> 01:38:36.640 first and a second 01:38:36.640 --> 01:38:42.180 any further discussion seeing none I'll call for a vote on 01:38:42.180 --> 01:38:43.199 the board 01:38:54.239 --> 01:39:03.720 motion carries six zero one refusal thank you 01:39:24.239 --> 01:39:38.279 a couple minutes clear to our item a public hearing for a 01:39:38.279 --> 01:39:51.319 dash zero zero good evening I'm 01:39:51.319 --> 01:39:54.439 Julie Wyatt senior planner with the city of Denton and I'm 01:39:54.439 --> 01:39:55.880 presenting Z 1713 01:39:55.880 --> 01:39:59.170 Justice Plaza the request is to hold a public hearing and 01:39:59.170 --> 01:40:00.239 consider making a 01:40:00.239 --> 01:40:05.840 recommendation regarding a rezoning on 3.2 acres from an NR 01:40:05.840 --> 01:40:07.159 6 zoning district to 01:40:07.159 --> 01:40:11.430 an NR MU 12 zoning district just to orient to orient you to 01:40:11.430 --> 01:40:12.560 the site it is 01:40:12.560 --> 01:40:16.159 it is located on the eastern part of town north of McKinney 01:40:16.159 --> 01:40:17.600 about 420 feet 01:40:17.600 --> 01:40:22.189 north of McKinney on Janney Street or I'm sorry east of Jan 01:40:22.189 --> 01:40:24.840 ney Street a little 01:40:24.840 --> 01:40:27.680 bit of background the property is part of a seven acre 01:40:27.680 --> 01:40:29.439 tract which was rezoned 01:40:29.439 --> 01:40:33.899 in in 2014 to include of mixes zoning districts the intent 01:40:33.899 --> 01:40:34.760 at that time the 01:40:34.760 --> 01:40:39.439 concept of that time excuse me included retail and office 01:40:39.439 --> 01:40:40.079 and commercial 01:40:40.079 --> 01:40:44.220 development along along McKinney in the in the in the NR MU 01:40:44.220 --> 01:40:45.439 zoning district 01:40:45.439 --> 01:40:49.880 transition transitioning to office uses in the NR MU 12 and 01:40:49.880 --> 01:40:51.119 then finally in the 01:40:51.119 --> 01:40:55.479 subject property some moderate density cluster type housing 01:40:55.479 --> 01:40:56.760 so it was intended 01:40:56.760 --> 01:41:00.520 to be kind of a comprehensively planned mixed-use 01:41:00.520 --> 01:41:04.159 development so today we're 01:41:04.159 --> 01:41:08.079 looking at that portion that was rezoned to NR 6 and so the 01:41:08.079 --> 01:41:09.359 first step we do and 01:41:09.359 --> 01:41:11.979 we analyze the project is to look at what's immediately 01:41:11.979 --> 01:41:13.039 adjacent to it and and 01:41:13.039 --> 01:41:17.039 in this instance in our four is is to the north the east 01:41:17.039 --> 01:41:19.840 and the west and and 01:41:19.840 --> 01:41:23.939 it is developed with with single-family residential uses so 01:41:23.939 --> 01:41:24.880 that's a an 01:41:24.880 --> 01:41:27.869 established neighborhood to the north and east and west of 01:41:27.869 --> 01:41:28.560 the subject 01:41:28.560 --> 01:41:31.369 property to the south of course is the NR MU 12 which was 01:41:31.369 --> 01:41:32.399 part of the subject 01:41:32.399 --> 01:41:35.869 tract it is developed with a single-family home and then 01:41:35.869 --> 01:41:36.800 along 01:41:36.800 --> 01:41:41.500 McKinney that NR MU is developed with office uses across 01:41:41.500 --> 01:41:43.159 McKinney is CMG and 01:41:43.159 --> 01:41:46.680 that has government offices the Denton County courthouse 01:41:46.680 --> 01:41:48.600 building if we zoom 01:41:48.600 --> 01:41:50.949 out a little further than you can see the neighborhood to 01:41:50.949 --> 01:41:52.199 the north coming into 01:41:52.199 --> 01:41:55.689 focus it's a rather large single-family neighborhood and 01:41:55.689 --> 01:41:58.079 and it it surrounds the 01:41:58.079 --> 01:42:03.199 property along NRM along McKinney that NR MU section you 01:42:03.199 --> 01:42:03.680 bring in some 01:42:03.680 --> 01:42:07.359 commercial uses as you zoom out and then the CMG you've got 01:42:07.359 --> 01:42:08.359 some multifamily 01:42:08.359 --> 01:42:11.739 here's also some commercial uses in the continued 01:42:11.739 --> 01:42:14.159 government offices the 01:42:14.159 --> 01:42:17.890 mobility of the area includes two secondary arterials and 01:42:17.890 --> 01:42:18.960 some collector 01:42:18.960 --> 01:42:22.930 streets the secondary arterials include McKinney and then 01:42:22.930 --> 01:42:24.880 the Woodrow Audra and 01:42:24.880 --> 01:42:29.149 and as I said before the intent of a secondary arterial is 01:42:29.149 --> 01:42:31.359 to move people to 01:42:31.359 --> 01:42:34.420 different parts within the city there are also collector 01:42:34.420 --> 01:42:35.880 streets adjacent to 01:42:35.880 --> 01:42:38.479 and north of the subject property to the north of the 01:42:38.479 --> 01:42:39.880 property you have Paisley 01:42:39.880 --> 01:42:43.659 it connects to Audra you all and and then goes and then 01:42:43.659 --> 01:42:45.600 also continues east 01:42:45.600 --> 01:42:49.489 there's also Riddell which which starts in McKinney and 01:42:49.489 --> 01:42:51.279 then continues up to 01:42:51.279 --> 01:42:54.380 Mingo and then you have Janney Street which is adjacent to 01:42:54.380 --> 01:42:55.119 the subject 01:42:55.119 --> 01:42:59.109 property it is classified as a collector Street due to the 01:42:59.109 --> 01:43:00.239 number of single-family 01:43:00.239 --> 01:43:03.710 homes that are that have access to that Street also because 01:43:03.710 --> 01:43:04.560 of some of the 01:43:04.560 --> 01:43:07.920 because of the commercial zoning that is on the subject 01:43:07.920 --> 01:43:09.319 property but as you can 01:43:09.319 --> 01:43:12.680 see it really functions as a neighborhood Street so you've 01:43:12.680 --> 01:43:13.439 got you've 01:43:13.439 --> 01:43:15.939 got these to the north these single-family homes and that 01:43:15.939 --> 01:43:16.859 really it's 01:43:16.859 --> 01:43:20.600 used as their neighborhood Street to get to their homes it 01:43:20.600 --> 01:43:22.359 also Janney Street 01:43:22.359 --> 01:43:26.750 doesn't really provide any connect access or I'm sorry 01:43:26.750 --> 01:43:28.199 direct access to to 01:43:28.199 --> 01:43:34.840 the broader network to the north that it stops at Paisley 01:43:34.840 --> 01:43:37.079 so we looked at the 01:43:37.079 --> 01:43:40.800 Denton plan 2030 and this area is designated as low 01:43:40.800 --> 01:43:43.359 residential per the 01:43:43.359 --> 01:43:46.880 Denton plan low residential is intended to be single-family 01:43:46.880 --> 01:43:48.279 neighborhoods very 01:43:48.279 --> 01:43:51.779 low density same one to four dwelling units per acre when 01:43:51.779 --> 01:43:52.760 you think a load at 01:43:52.760 --> 01:43:56.260 low residential you think suburban development these these 01:43:56.260 --> 01:43:57.159 individual 01:43:57.159 --> 01:44:00.020 neighborhoods that are distinct they have edges and that 01:44:00.020 --> 01:44:01.359 they they do have 01:44:01.359 --> 01:44:06.560 access to major arterials NRMU 12 does not conform to this 01:44:06.560 --> 01:44:07.720 to this future land 01:44:07.720 --> 01:44:10.409 use designation because of the commercial uses embedded 01:44:10.409 --> 01:44:11.079 within it and 01:44:11.079 --> 01:44:14.510 then the the maximum 12 dwelling units per acre it's it's a 01:44:14.510 --> 01:44:15.920 little too dense to 01:44:15.920 --> 01:44:22.069 be considered low residential so so because the requested 01:44:22.069 --> 01:44:22.880 zoning district 01:44:22.880 --> 01:44:25.220 does not conform to the future land use per the Denton 01:44:25.220 --> 01:44:26.239 development code the 01:44:26.239 --> 01:44:28.840 criteria for approval we have to take a little extra look 01:44:28.840 --> 01:44:29.800 at it a little extra 01:44:29.800 --> 01:44:33.489 scrutiny is is required in order to determine whether it is 01:44:33.489 --> 01:44:34.520 an appropriate 01:44:34.520 --> 01:44:39.100 zoning rezoning so when we look at the site and we look at 01:44:39.100 --> 01:44:39.800 where it is it's 01:44:39.800 --> 01:44:43.020 situated in the center of a neighborhood it's it it goes 01:44:43.020 --> 01:44:44.079 pretty far into the 01:44:44.079 --> 01:44:47.319 neighborhood and this this neighborhood is a very 01:44:47.319 --> 01:44:48.720 consistent development 01:44:48.720 --> 01:44:53.239 pattern of single-family low density residential and this 01:44:53.239 --> 01:44:54.079 this neighborhood 01:44:54.079 --> 01:44:57.020 gets that protection it's those single-family uses are 01:44:57.020 --> 01:44:57.840 protected in the 01:44:57.840 --> 01:45:00.659 character of that neighborhood is protected because of the 01:45:00.659 --> 01:45:01.399 zoning that it 01:45:01.399 --> 01:45:04.649 has because the NR for zoning on the single-family 01:45:04.649 --> 01:45:06.680 neighborhood with any 01:45:06.680 --> 01:45:10.880 redevelopment would require single-family homes to go back 01:45:10.880 --> 01:45:12.079 into those areas or or 01:45:12.079 --> 01:45:15.119 or residential uses that are compatible with what's there 01:45:15.119 --> 01:45:16.600 that in our cert six 01:45:16.600 --> 01:45:19.489 also serves to kind of protect that neighborhood because it 01:45:19.489 --> 01:45:20.560 keeps that it 01:45:20.560 --> 01:45:24.090 keeps that commercial development from encroaching further 01:45:24.090 --> 01:45:24.680 into that 01:45:24.680 --> 01:45:30.010 neighborhood it provides a boundary and allows a transition 01:45:30.010 --> 01:45:31.119 between the the 01:45:31.119 --> 01:45:33.640 commercial development along McKinney and then the 01:45:33.640 --> 01:45:35.479 residential and so the the 01:45:35.479 --> 01:45:38.739 further extension of that NR MU would introduce some more 01:45:38.739 --> 01:45:40.079 commercial uses and 01:45:40.079 --> 01:45:43.800 potentially impact that single-family residential 01:45:43.800 --> 01:45:46.399 neighborhood as I said 01:45:46.399 --> 01:45:49.529 before that NR six provides the a transition between the 01:45:49.529 --> 01:45:50.520 lower densities 01:45:50.520 --> 01:45:53.880 and I would say even the whole the whole seven acres 01:45:53.880 --> 01:45:56.000 provides a logical 01:45:56.000 --> 01:45:58.970 transition between that in our for the low density 01:45:58.970 --> 01:46:00.520 residential and then the 01:46:00.520 --> 01:46:03.899 development that you typically see on an arterial light McK 01:46:03.899 --> 01:46:05.800 inney and we believe 01:46:05.800 --> 01:46:08.430 that that current zoning pattern could encourage some 01:46:08.430 --> 01:46:09.119 thoughtful redevelopment 01:46:09.119 --> 01:46:12.050 thoughtful development of the property of a kind of mix of 01:46:12.050 --> 01:46:13.640 uses the applicant 01:46:13.640 --> 01:46:17.159 has proposed a residential mixed-use protection overlay and 01:46:17.159 --> 01:46:18.119 their proposal 01:46:18.119 --> 01:46:22.470 does address them some design considerations but however 01:46:22.470 --> 01:46:23.159 staff feels 01:46:23.159 --> 01:46:26.380 that that the incompatibilities are really centered on the 01:46:26.380 --> 01:46:27.000 uses those 01:46:27.000 --> 01:46:30.609 commercial and office and retail uses and less to do with 01:46:30.609 --> 01:46:31.680 the cut with the 01:46:31.680 --> 01:46:37.329 design considerations public notification was sent out we 01:46:37.329 --> 01:46:38.479 have received eight 01:46:38.479 --> 01:46:42.189 notices and opposition in two in favor I passed those out 01:46:42.189 --> 01:46:43.560 during work session as 01:46:43.560 --> 01:46:46.449 we as I said before three of those opposition letters were 01:46:46.449 --> 01:46:47.359 from the 200 01:46:47.359 --> 01:46:54.119 foot boundary which which is 5.8% so based upon the future 01:46:54.119 --> 01:46:54.479 land use 01:46:54.479 --> 01:46:57.949 designation of the property and the considerations that I 01:46:57.949 --> 01:46:59.079 have presented in 01:46:59.079 --> 01:47:02.600 the character of the area staff recommends denial of the 01:47:02.600 --> 01:47:03.479 request I'll 01:47:03.479 --> 01:47:07.250 stand for any questions and the applicant is here if you if 01:47:07.250 --> 01:47:08.479 you to 01:47:08.479 --> 01:47:11.119 present as well 01:47:14.479 --> 01:47:17.770 I have a question for you Julie we talked a little bit 01:47:17.770 --> 01:47:20.199 about this in work 01:47:20.199 --> 01:47:24.189 session just was reviewing one of the other handouts you 01:47:24.189 --> 01:47:25.560 said that the main 01:47:25.560 --> 01:47:29.189 objection that staff has centered on the uses and you've 01:47:29.189 --> 01:47:30.720 got a table that you've 01:47:30.720 --> 01:47:34.739 prepared for us in our backup that lists the uses and the 01:47:34.739 --> 01:47:36.640 different uses between 01:47:36.640 --> 01:47:36.640 an NR six and an NR MU 12 will you tell us based on the 01:47:36.640 --> 01:47:42.779 things that they have 01:47:42.779 --> 01:47:46.720 limited that through their overlay that will not be 01:47:46.720 --> 01:47:49.319 permitted in here I only see 01:47:49.319 --> 01:47:54.689 three that are different from the NR six is that what you 01:47:54.689 --> 01:47:55.319 have 01:47:55.319 --> 01:47:58.170 that's my understanding that they're there I believe they 01:47:58.170 --> 01:47:59.079 're limiting it back 01:47:59.079 --> 01:48:03.260 to the to maintain the office and the retail uses and the 01:48:03.260 --> 01:48:04.439 ones that I see that 01:48:04.439 --> 01:48:08.970 are different or live work units community service and 01:48:08.970 --> 01:48:10.319 adult or child care 01:48:10.319 --> 01:48:16.029 and all the other ones they have limited in their overlay 01:48:16.029 --> 01:48:17.760 is that fair 01:48:17.760 --> 01:48:22.930 statement well I don't know that is that in the applicants 01:48:22.930 --> 01:48:23.760 here and they may be 01:48:23.760 --> 01:48:26.279 able to better okay because I know they've made some 01:48:26.279 --> 01:48:27.000 changes to the 01:48:27.000 --> 01:48:29.390 proposed overlay it was my understanding that they were 01:48:29.390 --> 01:48:30.399 still maintaining those 01:48:30.399 --> 01:48:34.380 office and retail uses but they may have made some changes 01:48:34.380 --> 01:48:35.560 to it so so but 01:48:35.560 --> 01:48:37.899 they're here and they can they can talk to you about what 01:48:37.899 --> 01:48:38.800 they're proposing in 01:48:38.800 --> 01:48:44.560 terms of that what were some of the other things I see 01:48:44.560 --> 01:48:45.479 staff is going to be 01:48:45.479 --> 01:48:51.529 in denial of this reason what were the other main concerns 01:48:51.529 --> 01:48:52.279 that you all have on 01:48:52.279 --> 01:48:56.590 this really had to do with the compatibility of uses within 01:48:56.590 --> 01:48:57.880 NR MU 12 and 01:48:57.880 --> 01:49:03.649 we wanted to to in and by further by furthering the 01:49:03.649 --> 01:49:07.000 commercial zoning into 01:49:07.000 --> 01:49:10.000 the neighborhood it could potentially compromise that 01:49:10.000 --> 01:49:11.600 neighborhood it could 01:49:11.600 --> 01:49:15.859 introduce new uses that may may prove to be incompatible 01:49:15.859 --> 01:49:17.319 with the existing 01:49:17.319 --> 01:49:20.359 development I think I think it was mentioned at work 01:49:20.359 --> 01:49:21.039 session I think it's 01:49:21.039 --> 01:49:24.329 it's a good point that you know some of these single-family 01:49:24.329 --> 01:49:25.600 residential uses are 01:49:25.600 --> 01:49:29.590 are next to and across the street from what could be a 01:49:29.590 --> 01:49:31.640 commercial development 01:49:31.640 --> 01:49:36.020 and I think that has a different feel than having you know 01:49:36.020 --> 01:49:36.920 we often like to 01:49:36.920 --> 01:49:40.010 see commercial development near neighborhoods because that 01:49:40.010 --> 01:49:41.119 provides it 01:49:41.119 --> 01:49:44.810 provides allows people to walk and it's a it's a good thing 01:49:44.810 --> 01:49:46.399 but when you're but 01:49:46.399 --> 01:49:50.319 typically we like to see that along at intersections along 01:49:50.319 --> 01:49:51.520 maybe the arterials 01:49:51.520 --> 01:49:55.069 and that's why this this current zoning actually it works 01:49:55.069 --> 01:49:56.319 in our mind and that 01:49:56.319 --> 01:49:59.920 as you move toward McKinney you do fold in some of those 01:49:59.920 --> 01:50:01.319 commercial uses and 01:50:01.319 --> 01:50:05.500 office uses and and that way you get that mix and that by 01:50:05.500 --> 01:50:06.720 bikes further 01:50:06.720 --> 01:50:11.699 extending that NR MU 12 into the neighborhood it then it 01:50:11.699 --> 01:50:12.920 then could 01:50:12.920 --> 01:50:15.710 compromise that single-family it's going further into the 01:50:15.710 --> 01:50:16.800 neighborhood and 01:50:16.800 --> 01:50:21.420 potentially impacting it so that's why staff really is has 01:50:21.420 --> 01:50:23.079 concerns about this 01:50:23.079 --> 01:50:26.869 case and it just and it it doesn't meet that future land 01:50:26.869 --> 01:50:27.960 use which was the the 01:50:27.960 --> 01:50:31.960 intent of what was in you know what that's the the vision 01:50:31.960 --> 01:50:33.079 for this area is 01:50:33.079 --> 01:50:38.920 to maintain it as that single-family residential thank you 01:50:38.920 --> 01:50:39.840 any other questions 01:50:39.840 --> 01:50:48.239 for staff okay thank you Julie this is a public hearing the 01:50:48.239 --> 01:50:49.760 next card that we have 01:50:49.760 --> 01:50:52.880 is Lawrence Holder if I send you're speaking for the 01:50:52.880 --> 01:50:55.199 applicant okay you'll 01:50:55.199 --> 01:50:58.039 give your name and address for the record I'd appreciate it 01:50:58.039 --> 01:50:59.399 name is Lawrence 01:50:59.399 --> 01:51:05.479 Holder I am at 2104 East 01:51:06.640 --> 01:51:14.720 yeah that work 2405 that's it's a new one put the 01:51:14.720 --> 01:51:16.520 presentation 01:51:16.520 --> 01:51:25.520 sorry about that is that you yes there you are thank you 01:51:25.520 --> 01:51:26.000 sure Commissioner back 01:51:26.000 --> 01:51:31.560 I didn't get the last name clear Holder Holder yes sir okay 01:51:31.560 --> 01:51:34.720 thank you thank you 01:51:35.159 --> 01:51:41.960 okay it is the goal of Denton Justice Plaza LLC to go ahead 01:51:41.960 --> 01:51:43.199 and rezone three 01:51:43.199 --> 01:51:46.579 point one two five acres of a property off of North McKin 01:51:46.579 --> 01:51:48.000 ney Street East McKinney 01:51:48.000 --> 01:51:54.800 Street from NR six to NR MU 12 we have come against a few 01:51:54.800 --> 01:51:56.079 oppositions for that 01:51:56.079 --> 01:51:59.829 and we are basically coming up with an overlay restriction 01:51:59.829 --> 01:52:01.239 for that but again we 01:52:01.239 --> 01:52:04.130 are doing commercial development zoning change requests 01:52:04.130 --> 01:52:05.520 from NR six to NR MU 12 01:52:05.520 --> 01:52:11.850 our site location is is here kind of off of Jane Street and 01:52:11.850 --> 01:52:13.920 North McKinney Street 01:52:13.920 --> 01:52:18.180 the surrounding property uses is residential to the north 01:52:18.180 --> 01:52:19.239 and to the west 01:52:19.239 --> 01:52:21.770 but if you can see that there is the courthouse to the 01:52:21.770 --> 01:52:23.039 directly to the south 01:52:23.039 --> 01:52:27.770 and the Mary and Jim Horne Center to the east as well so 01:52:27.770 --> 01:52:29.720 there are other 01:52:29.720 --> 01:52:34.279 compatible developments within the area what we are 01:52:34.279 --> 01:52:36.319 proposing our general 01:52:36.319 --> 01:52:40.460 offices and closer to the McKinney Street which is not what 01:52:40.460 --> 01:52:41.119 is being 01:52:41.119 --> 01:52:44.000 considered for the zoning change but closer to this to the 01:52:44.000 --> 01:52:44.760 street on this 01:52:44.760 --> 01:52:52.210 property will be retail as well as offices per the zoning 01:52:52.210 --> 01:52:53.399 requirements on 01:52:53.399 --> 01:52:59.510 that so the current zoning is NR six there is an awkward 01:52:59.510 --> 01:53:01.680 boundary line that 01:53:01.680 --> 01:53:05.779 splits the NR six between the NR MU 12 I believe that was 01:53:05.779 --> 01:53:07.880 developed originally 01:53:07.880 --> 01:53:13.960 for the applicant who came in well something along those 01:53:13.960 --> 01:53:16.600 lines and for 01:53:16.600 --> 01:53:20.609 specific use and that plan didn't come to fruition so we're 01:53:20.609 --> 01:53:21.800 now stuck with this 01:53:21.800 --> 01:53:25.479 awkward zoning line between the NR six the NR MU 12 and we 01:53:25.479 --> 01:53:27.000 are hoping to go 01:53:27.000 --> 01:53:31.310 ahead and bring that NR 12 all the way through to the 01:53:31.310 --> 01:53:34.520 property the proposed use 01:53:34.520 --> 01:53:38.619 is general offices of that site of that northern part the 01:53:38.619 --> 01:53:39.800 part that we are 01:53:39.800 --> 01:53:43.029 requesting to be rezoned which is in conformance with the 01:53:43.029 --> 01:53:46.199 NR MU 12 zoning 01:53:46.199 --> 01:53:50.449 we're hoping to rezone this location so that we can have 01:53:50.449 --> 01:53:52.039 one uniform single 01:53:52.039 --> 01:53:56.010 comprehensive site as opposed to a bunch of broken uses so 01:53:56.010 --> 01:53:57.760 we are hoping to 01:53:57.760 --> 01:54:01.960 construct this site in a manner that is both appeasing for 01:54:01.960 --> 01:54:03.560 the neighborhood as 01:54:03.560 --> 01:54:11.510 well as comprehensively throughout itself so one cohesive 01:54:11.510 --> 01:54:14.640 development the 01:54:14.640 --> 01:54:18.899 zoning restrictions between the NR six and the NRI 12 don't 01:54:18.899 --> 01:54:21.159 change very much if 01:54:21.159 --> 01:54:24.720 really at all from the standpoint that there is the same 01:54:24.720 --> 01:54:26.279 lot coverage you still 01:54:26.279 --> 01:54:29.640 have a 60% lot coverage maximum you still have a minimum 01:54:29.640 --> 01:54:30.439 landscape area of 01:54:30.439 --> 01:54:33.640 40% and you still have a maximum building height 01:54:33.640 --> 01:54:35.600 restriction of 40 feet so 01:54:35.600 --> 01:54:42.630 the same type of overall coverage building to pavement to 01:54:42.630 --> 01:54:44.079 landscaping will 01:54:44.079 --> 01:54:48.189 be the same as though it was developed with the NR six even 01:54:48.189 --> 01:54:49.279 though it's owned 01:54:49.279 --> 01:54:55.329 in our 12 again we are proposing offices in this location 01:54:55.329 --> 01:54:56.119 as opposed to 01:54:56.119 --> 01:55:01.229 neighborhood unit dwelling units two of the other 01:55:01.229 --> 01:55:02.720 restrictions general 01:55:02.720 --> 01:55:06.149 restrictions actually go up for the rezoning minimum side 01:55:06.149 --> 01:55:07.279 yards about it not 01:55:07.279 --> 01:55:10.079 abutting it attached buildings goes up from four to ten 01:55:10.079 --> 01:55:12.239 feet minimum yards when 01:55:12.239 --> 01:55:14.449 abutting a single-family use actually goes from 10 feet to 01:55:14.449 --> 01:55:15.079 15 so we're 01:55:15.079 --> 01:55:18.680 actually becoming more restrictive on those two general 01:55:18.680 --> 01:55:20.920 regulations we held a 01:55:20.920 --> 01:55:25.189 neighborhood meeting and the concerns that were brought up 01:55:25.189 --> 01:55:25.760 in that 01:55:25.760 --> 01:55:29.699 neighborhood meeting brought us to propose an overlay 01:55:29.699 --> 01:55:30.840 restriction we 01:55:30.840 --> 01:55:36.920 discussed this with the residents at the time and I believe 01:55:36.920 --> 01:55:38.119 we specifically 01:55:38.119 --> 01:55:41.199 address them and what we would do specifically for 01:55:41.199 --> 01:55:42.359 addressing their 01:55:42.359 --> 01:55:45.079 concerns however there was not a follow-up neighborhood 01:55:45.079 --> 01:55:45.760 residential 01:55:45.760 --> 01:55:49.649 meeting that had been brought back that was because we felt 01:55:49.649 --> 01:55:50.720 as though we had 01:55:50.720 --> 01:55:54.319 received their input we did address their concerns and they 01:55:54.319 --> 01:55:54.960 seemed to 01:55:54.960 --> 01:56:00.149 reciprocate that their concerns basically are these eight 01:56:00.149 --> 01:56:01.239 concerns of 01:56:01.239 --> 01:56:04.300 stories the number of stories of the proposed buildings the 01:56:04.300 --> 01:56:05.520 restrictions of 01:56:05.520 --> 01:56:08.729 bars and late-night activity facilities preservation of 01:56:08.729 --> 01:56:10.319 existing trees the 01:56:10.319 --> 01:56:13.850 improvement to Janie Street was a another interesting 01:56:13.850 --> 01:56:15.039 bigger issue that 01:56:15.039 --> 01:56:18.279 was brought up and then again aesthetically congruent 01:56:18.279 --> 01:56:18.800 development in 01:56:18.800 --> 01:56:22.220 existing structures they didn't want something that was 01:56:22.220 --> 01:56:24.920 going to completely 01:56:24.920 --> 01:56:29.239 outdo their buildings or be something that was an eyesore 01:56:29.239 --> 01:56:31.359 to that area fixture 01:56:31.359 --> 01:56:34.500 drainage features to fix the current and future issues they 01:56:34.500 --> 01:56:35.359 didn't want any 01:56:35.359 --> 01:56:38.869 additional drainage they don't want any additional flooding 01:56:38.869 --> 01:56:39.920 to their properties 01:56:39.920 --> 01:56:44.109 with the development the property values was a concern and 01:56:44.109 --> 01:56:45.600 then time of the 01:56:45.600 --> 01:56:47.369 construction again they didn't want something that was 01:56:47.369 --> 01:56:48.039 gonna like that was 01:56:48.039 --> 01:56:50.380 gonna take 20 years to construct and they were going to 01:56:50.380 --> 01:56:50.880 live next to 01:56:50.880 --> 01:56:54.779 something that was being constructed for a very long period 01:56:54.779 --> 01:56:56.920 of time the overlay 01:56:56.920 --> 01:57:00.189 restrictions that we're proposing would be on the non- 01:57:00.189 --> 01:57:01.840 residential buildings to 01:57:01.840 --> 01:57:06.090 limit to one story and then 35 foot maximum height on that 01:57:06.090 --> 01:57:07.119 as well so we were 01:57:07.119 --> 01:57:11.649 willing to drop down the 40 foot maximum building height to 01:57:11.649 --> 01:57:13.560 35 feet and limit 01:57:13.560 --> 01:57:17.500 that to one story for non-residential buildings the 01:57:17.500 --> 01:57:19.760 mechanical units that are 01:57:19.760 --> 01:57:24.460 within 100 feet of adjacent properties we would limit to 01:57:24.460 --> 01:57:26.600 five ton units there 01:57:26.600 --> 01:57:28.750 they we would limit those so that would they would be 01:57:28.750 --> 01:57:29.760 placed on the side of the 01:57:29.760 --> 01:57:32.430 building such that there would not be more than two units 01:57:32.430 --> 01:57:33.319 on both sides of the 01:57:33.319 --> 01:57:36.600 building limiting the total units to four units if required 01:57:36.600 --> 01:57:38.000 for a building 01:57:38.000 --> 01:57:40.810 units then would be screened from the adjacent properties 01:57:40.810 --> 01:57:41.720 for both noise and 01:57:41.720 --> 01:57:46.510 aesthetics a screening wall is also being proposed along 01:57:46.510 --> 01:57:47.840 the surrounding 01:57:47.840 --> 01:57:52.920 property to help facilitate with any additional measures 01:57:52.920 --> 01:57:55.439 mitigation measures 01:57:55.439 --> 01:57:59.420 that the residents might feel necessary we also then 01:57:59.420 --> 01:58:01.720 propose limited allowable 01:58:01.720 --> 01:58:07.399 uses those uses we would like stricken from the allowable 01:58:07.399 --> 01:58:08.680 uses would be the 01:58:08.680 --> 01:58:12.060 dwelling above businesses group homes multifamily dwellings 01:58:12.060 --> 01:58:12.800 fraternity and 01:58:12.800 --> 01:58:15.800 sorority homes dormitories beds and breakfasts laundry 01:58:15.800 --> 01:58:17.720 facilities semi-public 01:58:17.720 --> 01:58:20.520 halls clubs or lodges kindergarten or elementary schools 01:58:20.520 --> 01:58:21.079 middle schools 01:58:21.079 --> 01:58:25.720 elderly housing and elderly housing 01:58:33.479 --> 01:58:39.600 we feel that the applicant we feel that the opinion that 01:58:39.600 --> 01:58:40.560 the impact of 01:58:40.560 --> 01:58:42.560 the proposed development will be compatible to the 01:58:42.560 --> 01:58:43.560 surrounding development 01:58:43.560 --> 01:58:45.979 as the existing zoning regulations for inner six are very 01:58:45.979 --> 01:58:47.039 similar to inner 12 01:58:47.039 --> 01:58:50.750 as they require the same 60% or less lot coverage 40% or 01:58:50.750 --> 01:58:52.560 more landscape area the 01:58:52.560 --> 01:58:55.270 maximum building height restriction of 40 feet and we're 01:58:55.270 --> 01:58:56.239 also again trying to 01:58:56.239 --> 01:59:00.060 limit that down to 35 feet and one story and for non- 01:59:00.060 --> 01:59:01.960 residential buildings and 01:59:01.960 --> 01:59:07.039 the same minimum frontside and rear yard regulations the 01:59:07.039 --> 01:59:08.760 proposed zoning 01:59:08.760 --> 01:59:14.010 currently and the existing zoning regulates prohibits the 01:59:14.010 --> 01:59:15.479 construction of 01:59:15.479 --> 01:59:20.039 bars which was a concern for late-night bars and late-night 01:59:20.039 --> 01:59:20.880 activity facilities 01:59:20.880 --> 01:59:24.699 within the inner mutual so that concern is no longer or is 01:59:24.699 --> 01:59:26.079 not a valid concern 01:59:26.079 --> 01:59:29.720 at this time applicant will preserve and mitigate the 01:59:29.720 --> 01:59:31.880 required trees per the DDC 01:59:31.880 --> 01:59:36.020 we will provide the building materials per the DDC which 01:59:36.020 --> 01:59:37.239 had to be compatible 01:59:37.239 --> 01:59:41.189 have to be aesthetically pleasing and has to be in conform 01:59:41.189 --> 01:59:42.180 ance with the 01:59:42.180 --> 01:59:48.260 surrounding area the applicant will also provide drainage 01:59:48.260 --> 01:59:48.640 improvements as 01:59:48.640 --> 01:59:52.270 required by the DDC which we are not allowed to drain any 01:59:52.270 --> 01:59:53.119 extra to the 01:59:53.119 --> 01:59:57.090 surrounding properties we cannot negatively impact any 01:59:57.090 --> 01:59:58.239 properties around 01:59:58.239 --> 02:00:02.829 us so we will be taking on all of our proposed drainage and 02:00:02.829 --> 02:00:03.720 either detaining 02:00:03.720 --> 02:00:11.220 or releasing as required by the same these restrictions and 02:00:11.220 --> 02:00:12.279 overlay 02:00:12.279 --> 02:00:15.369 basically covered all of the concerns that the 02:00:15.369 --> 02:00:18.199 neighborhoods residents brought 02:00:18.199 --> 02:00:24.359 up in both their letters and that we received their letters 02:00:24.359 --> 02:00:25.159 that we received 02:00:25.159 --> 02:00:32.239 and phone calls and at the neighborhood meeting a hesitate 02:00:32.239 --> 02:00:34.720 to bring this up but 02:00:34.720 --> 02:00:41.920 if necessary the applicant is willing to suggest a 02:00:41.920 --> 02:00:43.520 compromise if they cannot get 02:00:43.520 --> 02:00:49.600 if a denial of the zoning in its entirety is proposed we 02:00:49.600 --> 02:00:50.720 would like to 02:00:50.720 --> 02:00:54.989 suggest adjusting that awkward line at the minimum pulling 02:00:54.989 --> 02:00:56.239 that up so that that 02:00:56.239 --> 02:01:00.920 NRMU 12 area can be used more effectively more efficiently 02:01:00.920 --> 02:01:01.520 and that 02:01:01.520 --> 02:01:08.760 in our six area can then be again also used effectively 02:01:08.760 --> 02:01:11.920 again we're just doing 02:01:11.920 --> 02:01:15.590 a typical general office use this is the general typical 02:01:15.590 --> 02:01:17.079 office use rendering 02:01:17.079 --> 02:01:22.090 from the architect at the time that we are proposing so at 02:01:22.090 --> 02:01:23.600 this time I can take 02:01:23.600 --> 02:01:28.399 any questions quite a few questions Commissioner Beck thank 02:01:28.399 --> 02:01:29.439 you chair thank 02:01:29.439 --> 02:01:33.689 you mr. Holford for your presentation and I must admit I 02:01:33.689 --> 02:01:34.760 must admit and I think 02:01:34.760 --> 02:01:37.970 every other Commissioner here will to that your overlay is 02:01:37.970 --> 02:01:39.119 very generous and 02:01:39.119 --> 02:01:45.479 and does appear to answer the concerns you indicated though 02:01:45.479 --> 02:01:46.680 and it wasn't 02:01:46.680 --> 02:01:50.630 clear to me before you said this that you've talked to the 02:01:50.630 --> 02:01:52.439 residents explaining 02:01:52.439 --> 02:01:56.039 the details of the overlay and they were essentially okay 02:01:56.039 --> 02:01:58.000 with that yet we some 02:01:58.000 --> 02:02:01.380 of the statements we get back are still in opposition to it 02:02:01.380 --> 02:02:02.359 so I'm not clear 02:02:02.359 --> 02:02:06.800 that they've had a clear presentation of this overlay is am 02:02:06.800 --> 02:02:07.760 I wrong in assuming 02:02:07.760 --> 02:02:11.619 that those that we talked to you were at the neighborhood 02:02:11.619 --> 02:02:13.199 meeting as well as those 02:02:13.199 --> 02:02:16.949 who would call in those who didn't participate in the 02:02:16.949 --> 02:02:17.640 neighborhood meeting 02:02:17.640 --> 02:02:22.079 or didn't contact us when we have sent out the notification 02:02:22.079 --> 02:02:23.680 would not have 02:02:23.680 --> 02:02:28.619 received any additional information so I don't know what 02:02:28.619 --> 02:02:30.479 the comments are wasn't 02:02:30.479 --> 02:02:34.250 provided with the eight comments that are in opposition to 02:02:34.250 --> 02:02:36.960 the project so I can 02:02:36.960 --> 02:02:40.840 specifically say to those eight whether or not they are in 02:02:40.840 --> 02:02:42.279 opposition to 02:02:42.279 --> 02:02:47.279 anything that that was already said okay and by the looks 02:02:47.279 --> 02:02:47.560 of them I don't think 02:02:47.560 --> 02:02:49.960 there is anything there but do you think you might not be 02:02:49.960 --> 02:02:51.520 better served if you 02:02:51.520 --> 02:02:55.720 perhaps went back and did a more complete presentation 02:02:55.720 --> 02:02:57.239 tried to encourage 02:02:57.239 --> 02:03:00.329 more input from the residents that would get them on your 02:03:00.329 --> 02:03:01.600 side with this overlay 02:03:01.600 --> 02:03:04.800 because I as the staff mentioned I would encourage 02:03:04.800 --> 02:03:06.359 commercial development along 02:03:06.359 --> 02:03:09.960 this area to McKinney that would allow people to walk 02:03:09.960 --> 02:03:11.199 distance but your 02:03:11.199 --> 02:03:16.159 development encroaches very deep into that community you're 02:03:16.159 --> 02:03:16.760 surrounded on 02:03:16.760 --> 02:03:20.180 three sides by residential homes and even with all your 02:03:20.180 --> 02:03:21.680 efforts it does 02:03:21.680 --> 02:03:25.470 detract it diminishes a single-family neighborhood and I 02:03:25.470 --> 02:03:26.520 worry about that I 02:03:26.520 --> 02:03:29.680 worry about it setting a precedent for not only this area 02:03:29.680 --> 02:03:30.760 but other areas to 02:03:30.760 --> 02:03:34.970 see where low-density housing is and how it can impact 02:03:34.970 --> 02:03:36.600 things down the road so I 02:03:36.600 --> 02:03:40.909 like your idea of maybe your alternate solution that seems 02:03:40.909 --> 02:03:41.880 viable to me 02:03:41.880 --> 02:03:47.659 straightening that line a little bit but again I just there 02:03:47.659 --> 02:03:49.479 's a need in the city 02:03:49.479 --> 02:03:52.649 as everybody knows for affordable housing and this is an 02:03:52.649 --> 02:03:53.479 ideal spot to 02:03:53.479 --> 02:04:01.100 build at least 18 units for that could serve this need 02:04:01.100 --> 02:04:03.079 greatly I'd like to see 02:04:03.079 --> 02:04:05.779 that this is an infill area we definitely want to get it 02:04:05.779 --> 02:04:07.359 taken care of too so 02:04:07.359 --> 02:04:10.029 we'd be willing to work with you but I'm just having a 02:04:10.029 --> 02:04:11.239 problem how deep this 02:04:11.239 --> 02:04:15.090 development goes into there and think you might be better 02:04:15.090 --> 02:04:16.520 served if you went 02:04:16.520 --> 02:04:18.699 back to the community with your overlay plan and laid it 02:04:18.699 --> 02:04:19.760 out and got some input 02:04:19.760 --> 02:04:22.470 some more feedback from them that we could see that would 02:04:22.470 --> 02:04:23.159 make us feel 02:04:23.159 --> 02:04:30.260 comfortable if we were to support your project any comment 02:04:30.260 --> 02:04:31.760 on going back and 02:04:31.760 --> 02:04:34.979 doing it well I know the applicant is hesitant to slow 02:04:34.979 --> 02:04:36.359 things down at this 02:04:36.359 --> 02:04:40.850 time however we could hold another neighborhood meeting and 02:04:40.850 --> 02:04:41.960 discuss these 02:04:41.960 --> 02:04:44.859 overlay restrictions with the neighbor the surrounding 02:04:44.859 --> 02:04:46.239 neighbors I do know 02:04:46.239 --> 02:04:52.319 that this area being across from the courthouse is turning 02:04:52.319 --> 02:04:55.239 over more to red 02:04:55.239 --> 02:04:58.880 offices the homes are being renovated into those the need 02:04:58.880 --> 02:04:59.960 for offices in this 02:04:59.960 --> 02:05:07.590 area for lawyers or for other facilities that facilitate 02:05:07.590 --> 02:05:09.159 the courthouse is 02:05:09.159 --> 02:05:14.489 greatly desired in this area don't disagree with that but 02:05:14.489 --> 02:05:15.319 you do have that 02:05:15.319 --> 02:05:18.699 front part of the track there at 3.8 acres that you could 02:05:18.699 --> 02:05:20.079 use it for so I can 02:05:20.079 --> 02:05:22.590 understand you want more but you can still do something 02:05:22.590 --> 02:05:23.479 along those lines 02:05:23.479 --> 02:05:27.319 with that without going that deep into the community and 02:05:27.319 --> 02:05:29.079 perhaps disrupting it 02:05:29.079 --> 02:05:34.079 too much and staff is mentioning just my two cents worth 02:05:38.079 --> 02:05:42.119 commissioner Ellis thank you chair thank you mr. Holder for 02:05:42.119 --> 02:05:44.079 your presentation so 02:05:44.079 --> 02:05:46.750 I think you're very generous overlay addresses a lot of the 02:05:46.750 --> 02:05:47.880 restriction issues 02:05:47.880 --> 02:05:51.989 to make it more compatible but as staff presented it's the 02:05:51.989 --> 02:05:53.359 use that makes it 02:05:53.359 --> 02:05:57.960 incompatible because the way that tract of land goes so 02:05:57.960 --> 02:05:59.279 deeply into the 02:05:59.279 --> 02:06:03.210 neighborhood can you address how the use how you feel the 02:06:03.210 --> 02:06:04.399 use is compatible 02:06:04.399 --> 02:06:09.579 absolutely so the use that we're proposing at this time 02:06:09.579 --> 02:06:10.880 does not have 02:06:10.880 --> 02:06:14.869 any greater impact than what the existing zoning has in the 02:06:14.869 --> 02:06:15.680 size of the 02:06:15.680 --> 02:06:18.020 facilities that are being provided so in other words the 02:06:18.020 --> 02:06:19.079 your landscape area so 02:06:19.079 --> 02:06:24.550 has to be a minimum of 40% so right now anybody who were to 02:06:24.550 --> 02:06:25.279 develop that area 02:06:25.279 --> 02:06:28.869 would have to adhere to the landscape and the lot coverage 02:06:28.869 --> 02:06:30.079 requirements the 02:06:30.079 --> 02:06:35.130 new zoning has the same requirement so the construction of 02:06:35.130 --> 02:06:36.279 anything going there 02:06:36.279 --> 02:06:42.380 would have the same footprint if not the same overall use 02:06:42.380 --> 02:06:44.600 going into that that 02:06:44.600 --> 02:06:51.399 building so we feel that we're providing general offices 02:06:51.399 --> 02:06:53.000 that look similar to 02:06:53.000 --> 02:06:57.579 what we have provided in our rendering it has that 02:06:57.579 --> 02:06:58.760 residential appeal that 02:06:58.760 --> 02:07:03.189 residential kind of look but is not a residence it is a an 02:07:03.189 --> 02:07:04.520 office that the 02:07:04.520 --> 02:07:08.399 community can use a good example would be the child care 02:07:08.399 --> 02:07:09.920 that can be provided 02:07:09.920 --> 02:07:13.210 for the residents as well as for those who are going to the 02:07:13.210 --> 02:07:14.359 courthouse the 02:07:14.359 --> 02:07:20.090 whole desire of this area is to go ahead and construct a 02:07:20.090 --> 02:07:22.159 cohesive construction 02:07:22.159 --> 02:07:27.880 that is both needed in this area and appeasing and to the 02:07:27.880 --> 02:07:29.520 residents of the 02:07:29.520 --> 02:07:32.779 area that both help facilitate needs of the residents as 02:07:32.779 --> 02:07:34.000 well as those across 02:07:34.000 --> 02:07:38.199 the street right and again I think you've addressed the 02:07:38.199 --> 02:07:39.359 restriction part I 02:07:39.359 --> 02:07:42.579 mean you know offices that look like homes and and and that 02:07:42.579 --> 02:07:43.600 's great but again 02:07:43.600 --> 02:07:48.399 it's the use that is the issue in this deep part of the lot 02:07:48.399 --> 02:07:49.359 that that's where I 02:07:49.359 --> 02:07:51.310 think everybody's getting stuck I think everybody would 02:07:51.310 --> 02:07:52.119 love to see that piece 02:07:52.119 --> 02:07:54.590 of land developed along McKinney and I think it's 02:07:54.590 --> 02:07:56.680 definitely needed it's it's 02:07:56.680 --> 02:07:59.850 that part that encroaches so deeply it's literally across 02:07:59.850 --> 02:08:01.000 the street next to 02:08:01.000 --> 02:08:04.880 behind single-family neighborhoods and a single-family 02:08:04.880 --> 02:08:05.680 neighborhood that's one of 02:08:05.680 --> 02:08:09.180 our most affordable dense single-family neighborhoods in 02:08:09.180 --> 02:08:11.159 the city we have to be 02:08:11.159 --> 02:08:16.010 careful not to negatively impact and destroy that since we 02:08:16.010 --> 02:08:17.319 are running short 02:08:17.319 --> 02:08:20.350 on affordable housing in our area sure so I must not quite 02:08:20.350 --> 02:08:21.319 understand that 02:08:21.319 --> 02:08:25.229 question as stated I'll go ahead and pitch it over to the 02:08:25.229 --> 02:08:25.800 house and I'll 02:08:25.800 --> 02:08:28.579 actually ask him to come up here to go ahead and possibly 02:08:28.579 --> 02:08:29.760 answer that question 02:08:29.760 --> 02:08:35.359 for for you okay or I can restate it if needed thanks 02:08:38.359 --> 02:08:43.060 good evening Lee Allison with Allison engineering group 24 02:08:43.060 --> 02:08:44.560 15 North Elm Street 02:08:44.560 --> 02:08:48.430 I think we're trying to learn our new address sorry about 02:08:48.430 --> 02:08:49.960 that in response to 02:08:49.960 --> 02:08:53.960 a couple of questions obviously we'd like to avoid having a 02:08:53.960 --> 02:08:54.399 another 02:08:54.399 --> 02:08:56.789 neighborhood meeting we felt like we did a good job 02:08:56.789 --> 02:08:59.199 responding to others the three 02:08:59.199 --> 02:09:02.430 that are in opposition within the 200 feet I can't say 02:09:02.430 --> 02:09:03.520 tonight whether they 02:09:03.520 --> 02:09:07.000 were at our meetings or not if the Commission as a whole 02:09:07.000 --> 02:09:07.939 felt like that we 02:09:07.939 --> 02:09:10.289 really needed to go back and have another meeting I think 02:09:10.289 --> 02:09:11.119 we're willing to 02:09:11.119 --> 02:09:14.590 do that that's certainly not objectionable to us when it 02:09:14.590 --> 02:09:15.399 comes to the 02:09:15.399 --> 02:09:18.880 uses the one thing we've done is limit them to one stories 02:09:18.880 --> 02:09:20.479 35 feet more to 02:09:20.479 --> 02:09:23.380 allow for roofs so you're not going to have a taller even 02:09:23.380 --> 02:09:24.479 two-story homes or 02:09:24.479 --> 02:09:27.840 anybody looking into the area they again are intended to be 02:09:27.840 --> 02:09:28.560 more of your 02:09:28.560 --> 02:09:32.220 residential type buildings the type of offices that we go 02:09:32.220 --> 02:09:33.439 there more likely 02:09:33.439 --> 02:09:37.170 would operate during the days possibly on Saturdays mostly 02:09:37.170 --> 02:09:38.359 during the week so 02:09:38.359 --> 02:09:40.520 you're not going to have the nighttime evening when most 02:09:40.520 --> 02:09:41.279 people are at home 02:09:41.279 --> 02:09:44.229 when it comes to affordable housing the biggest problem is 02:09:44.229 --> 02:09:44.840 the cost of 02:09:44.840 --> 02:09:47.729 construction not the size of the home or where they are a 02:09:47.729 --> 02:09:48.880 lot of these homes are 02:09:48.880 --> 02:09:52.640 affordable in this area because they're older homes depreci 02:09:52.640 --> 02:09:54.640 ated quite a bit not 02:09:54.640 --> 02:10:01.159 quite as desirable in the marketplace today and they just 02:10:01.159 --> 02:10:02.239 that's what keeps 02:10:02.239 --> 02:10:04.960 them affordable at this point in time to think that we 02:10:04.960 --> 02:10:06.279 could come in and put down 02:10:06.279 --> 02:10:09.359 new lots at today's land prices and come in with a 02:10:09.359 --> 02:10:10.760 competitive home as 02:10:10.760 --> 02:10:14.640 affordable that was not really possible we're seeing homes 02:10:14.640 --> 02:10:16.319 entry-level homes in 02:10:16.319 --> 02:10:18.369 the hundred and twenty five to hundred and fifty dollars 02:10:18.369 --> 02:10:19.439 square foot range and 02:10:19.439 --> 02:10:22.329 these wouldn't be in that range you're not going to see the 02:10:22.329 --> 02:10:23.079 big commercial 02:10:23.079 --> 02:10:25.430 lights and things it'll be more similar to what you would 02:10:25.430 --> 02:10:25.920 in another 02:10:25.920 --> 02:10:32.000 neighborhood and in good separation distance between the 02:10:32.000 --> 02:10:34.319 properties privacy 02:10:34.319 --> 02:10:37.430 fence between the two that's been promised to practically 02:10:37.430 --> 02:10:38.359 replace all the 02:10:38.359 --> 02:10:40.920 neighbors existing fences and we're going with a taller 02:10:40.920 --> 02:10:42.199 fence so that's where I 02:10:42.199 --> 02:10:45.810 think the uses would make some difference the biggest 02:10:45.810 --> 02:10:46.960 challenge might be 02:10:46.960 --> 02:10:51.810 on on Janey Street as far as some commercial traffic but 02:10:51.810 --> 02:10:52.420 that's why we're 02:10:52.420 --> 02:10:55.949 proposing the access on McKinney Street at the front I 02:10:55.949 --> 02:10:57.079 think it's interesting 02:10:57.079 --> 02:11:01.180 that this is classified as a collector because of all the 02:11:01.180 --> 02:11:02.359 houses on the front of 02:11:02.359 --> 02:11:05.180 the street but when I look at the area all those streets 02:11:05.180 --> 02:11:06.359 are collector streets 02:11:06.359 --> 02:11:09.100 because of the number of houses on them so that's it's kind 02:11:09.100 --> 02:11:10.119 of an interesting 02:11:10.119 --> 02:11:14.579 facet of our development code in the way we classify 02:11:14.579 --> 02:11:16.159 streets is there anything 02:11:16.159 --> 02:11:20.100 else related to land use I you know granted you'll have 02:11:20.100 --> 02:11:21.239 people coming in and 02:11:21.239 --> 02:11:23.119 out but it's not just because of the zoning you're not 02:11:23.119 --> 02:11:23.760 gonna have a big 02:11:23.760 --> 02:11:28.079 shopping center with the massive parking lots and and the 02:11:28.079 --> 02:11:29.600 huge crowds coming in 02:11:29.600 --> 02:11:32.729 at Christmas or whatever for shopping events or things like 02:11:32.729 --> 02:11:33.760 that right and I 02:11:33.760 --> 02:11:37.760 guess if I can continue I think what's getting lost is my 02:11:37.760 --> 02:11:39.399 question okay so what 02:11:39.399 --> 02:11:42.869 I wanted from you is is you've you've definitely addressed 02:11:42.869 --> 02:11:43.680 the issues the 02:11:43.680 --> 02:11:46.340 neighborhood at least brought to you in the meeting with 02:11:46.340 --> 02:11:48.239 your your overlay and 02:11:48.239 --> 02:11:54.319 eliminating you know types of uses and and and great 02:11:54.319 --> 02:11:54.960 restrictions on that 02:11:54.960 --> 02:11:59.420 overlay but what I wanted from you is why do you think this 02:11:59.420 --> 02:12:02.239 three acres in the 02:12:02.239 --> 02:12:06.739 use that you're proposing is compatible with with the 02:12:06.739 --> 02:12:09.199 neighborhood because with 02:12:09.199 --> 02:12:12.699 the restrictions we're gonna see things like bail bonds on 02:12:12.699 --> 02:12:13.520 the front they want 02:12:13.520 --> 02:12:16.079 to be on McKinney Street what we can see in the back is 02:12:16.079 --> 02:12:17.600 compatible uses such as 02:12:17.600 --> 02:12:22.130 child care centers doctors offices people that would serve 02:12:22.130 --> 02:12:24.199 those I don't know it's 02:12:24.199 --> 02:12:27.000 hard to get businesses that can be supported within walking 02:12:27.000 --> 02:12:27.680 distance because 02:12:27.680 --> 02:12:30.619 usually with single-family home districts you can't hardly 02:12:30.619 --> 02:12:31.239 support a 02:12:31.239 --> 02:12:33.970 snow cone stand within walking distance it's just hard to 02:12:33.970 --> 02:12:34.680 do you have to have 02:12:34.680 --> 02:12:40.510 driving but it would be uses that were compatible I think 02:12:40.510 --> 02:12:41.960 the marketplace would 02:12:41.960 --> 02:12:44.779 drive uses that are compatible with the residents as far as 02:12:44.779 --> 02:12:45.920 things like daycare 02:12:45.920 --> 02:12:48.170 centers that could serve those residents over there it's 02:12:48.170 --> 02:12:49.640 not going to really being 02:12:49.640 --> 02:12:51.979 that far back in there just because of where it is it's not 02:12:51.979 --> 02:12:52.640 going to really 02:12:52.640 --> 02:12:56.319 attract the type of businesses that want to be on McKinney 02:12:56.319 --> 02:12:57.319 per se it's going to 02:12:57.319 --> 02:12:59.520 attract the type of businesses that want to be in that 02:12:59.520 --> 02:13:00.760 neighborhood and I think 02:13:00.760 --> 02:13:04.279 it works well with your neighborhood residential mixed use 02:13:04.279 --> 02:13:05.279 and the ability to 02:13:05.279 --> 02:13:08.500 provide the services within walking distance or short 02:13:08.500 --> 02:13:09.760 driving distance so 02:13:09.760 --> 02:13:14.560 they don't have to go across town to get to them well you 02:13:14.560 --> 02:13:16.119 're at the mic if you 02:13:16.119 --> 02:13:19.600 don't mind looking at the overhead map and we're talking 02:13:19.600 --> 02:13:20.319 about affordable 02:13:20.319 --> 02:13:23.520 housing and availability it appears that right across the 02:13:23.520 --> 02:13:24.680 street to the west of 02:13:24.680 --> 02:13:29.479 this site on Janey is a vacant lot it looks like on Hedda 02:13:29.479 --> 02:13:31.520 Street there are two 02:13:31.520 --> 02:13:37.060 vacant lots that are available on Riddell Street there's 02:13:37.060 --> 02:13:38.159 vacant lot available 02:13:38.159 --> 02:13:42.119 so there is single-family residential lots that are 02:13:42.119 --> 02:13:43.800 available that are still 02:13:43.800 --> 02:13:47.210 sitting there vacant even across from what is here a larger 02:13:47.210 --> 02:13:48.880 track so this will 02:13:48.880 --> 02:13:51.779 bring that to the Commission detention while we're talking 02:13:51.779 --> 02:13:52.640 about that that 02:13:52.640 --> 02:13:55.640 there are available vacant lots right across the street and 02:13:55.640 --> 02:13:56.439 on neighboring 02:13:56.439 --> 02:14:02.600 streets that are still vacant so talking about demand and 02:14:02.600 --> 02:14:05.199 availability so 02:14:05.199 --> 02:14:12.079 I recognize that next speaker am I allowed to respond sure 02:14:12.079 --> 02:14:13.359 my issue with 02:14:13.359 --> 02:14:16.260 affordable housing was not that we need to build more right 02:14:16.260 --> 02:14:17.520 there it was I don't 02:14:17.520 --> 02:14:20.600 want to see the demise of what is affordable there's a lot 02:14:20.600 --> 02:14:21.359 of investors in 02:14:21.359 --> 02:14:23.750 that neighborhood who would just love this to turn all 02:14:23.750 --> 02:14:24.760 commercial there so 02:14:24.760 --> 02:14:27.920 they can sell their property and we have now eliminated 02:14:27.920 --> 02:14:29.199 affordable leasing and 02:14:29.199 --> 02:14:33.159 affordable housing options that was my point okay thank you 02:14:33.159 --> 02:14:34.680 well-said 02:14:34.680 --> 02:14:37.170 lady did you have something else you wanted to add for our 02:14:37.170 --> 02:14:37.960 recognize next 02:14:37.960 --> 02:14:41.039 speaker related to that I was here the night the prior 02:14:41.039 --> 02:14:43.000 zoning was approved and 02:14:43.000 --> 02:14:46.029 saw the concept plans and I think the primary reason that 02:14:46.029 --> 02:14:47.079 that development 02:14:47.079 --> 02:14:50.079 didn't occur because it was not economically sustainable 02:14:50.079 --> 02:14:51.439 yeah even for 02:14:51.439 --> 02:14:54.979 the tiny houses it would be very affordable it just didn't 02:14:54.979 --> 02:14:56.159 happen for I 02:14:56.159 --> 02:15:01.979 think obvious reasons any other question yes Commissioner 02:15:01.979 --> 02:15:02.560 Sullivan 02:15:02.560 --> 02:15:07.359 thanks chair first I guess to staff I'm confused because 02:15:07.359 --> 02:15:08.920 you had in your chart 02:15:08.920 --> 02:15:12.680 that the building height was 40 feet on both and yet and 02:15:12.680 --> 02:15:14.199 what I'm looking at it's 02:15:14.199 --> 02:15:21.880 65 feet for the NR MU 12 is it 40 or 65 02:15:29.000 --> 02:15:34.760 in our six is 40 did I show NR MU 12 is a maximum building 02:15:34.760 --> 02:15:36.840 height the 40 feet in 02:15:36.840 --> 02:15:41.090 our MU has a maximum building height of 65 feet okay wrong 02:15:41.090 --> 02:15:42.760 in my chart no I 02:15:42.760 --> 02:15:44.829 think they had it wrong in their chart that's why I was 02:15:44.829 --> 02:15:45.720 asking is that you had 02:15:45.720 --> 02:15:52.720 both heights were 40 yes okay well I've got NR MU 12 is it 02:15:52.720 --> 02:15:54.720 's 65 feet in our 02:15:54.720 --> 02:15:59.359 backup oh I apologize that I that I may have okay so that's 02:15:59.359 --> 02:16:00.079 what it is so it is 02:16:00.079 --> 02:16:06.439 40 yes okay I got that's fine I'm struggling with if when I 02:16:06.439 --> 02:16:06.960 look at the 02:16:06.960 --> 02:16:13.619 things that you strike from the district and all the thing 02:16:13.619 --> 02:16:14.520 all the restrictions 02:16:14.520 --> 02:16:20.239 the height from 40 to 35 one story what's the difference 02:16:20.239 --> 02:16:21.640 between just having 02:16:21.640 --> 02:16:27.720 an NR 6 I mean you're basically building an NR 6 from the 02:16:27.720 --> 02:16:30.439 NR MU 12 with the 02:16:30.439 --> 02:16:35.559 restrictions that you're placing in that zoning I'm 02:16:35.559 --> 02:16:37.760 confused as to why the 02:16:37.760 --> 02:16:43.069 why the restrictions that ends up looking like in our six 02:16:43.069 --> 02:16:44.559 the primary 02:16:44.559 --> 02:16:48.819 reason is because of the garden office type facilities that 02:16:48.819 --> 02:16:50.000 we can have in some 02:16:50.000 --> 02:16:52.920 retail and small restaurants and things that can go there 02:16:52.920 --> 02:16:54.159 there's very limited 02:16:54.159 --> 02:16:57.719 size of them so it does make them neighborhood residential 02:16:57.719 --> 02:16:58.520 friendly if 02:16:58.520 --> 02:17:00.780 somebody would come in and put a small restaurant it'd be a 02:17:00.780 --> 02:17:01.520 good place to walk 02:17:01.520 --> 02:17:05.329 to from within the neighborhood so it allows the primary 02:17:05.329 --> 02:17:07.120 uses that this client 02:17:07.120 --> 02:17:10.590 is looking at developing in that area I guess it doesn't 02:17:10.590 --> 02:17:12.239 include everything but 02:17:12.239 --> 02:17:15.479 we think it makes it even more neighborhood compatible than 02:17:15.479 --> 02:17:16.040 then what 02:17:16.040 --> 02:17:20.250 the neighborhood residential district allows for and it 02:17:20.250 --> 02:17:21.799 just takes away some 02:17:21.799 --> 02:17:26.479 of the taller higher people use activities such as 02:17:26.479 --> 02:17:28.000 apartments and 02:17:28.000 --> 02:17:31.899 schools and things of that nature but mean what and what do 02:17:31.899 --> 02:17:32.479 you say you're 02:17:32.479 --> 02:17:35.909 gonna do with about the density you were to keep that at at 02:17:35.909 --> 02:17:39.479 the at 6 or 12 02:17:39.479 --> 02:17:46.209 six actually I'd have to talk to our applicant here Nathan 02:17:46.209 --> 02:17:48.440 iel Johnson I don't 02:17:48.440 --> 02:17:51.959 see a problem with keep reducing the density from 12 to 6 02:17:51.959 --> 02:17:52.959 because we're not 02:17:52.959 --> 02:17:55.989 planning on building single-family residential anyway in 02:17:55.989 --> 02:17:56.840 there so I don't 02:17:56.840 --> 02:17:59.840 see that that would make a difference I didn't even think 02:17:59.840 --> 02:18:00.559 about adding that 02:18:00.559 --> 02:18:05.829 restriction I need Dodson Dodson legal group developing 02:18:05.829 --> 02:18:07.879 this the Davis your 02:18:07.879 --> 02:18:11.520 address please sir for the record 109 South Woodrow thank 02:18:11.520 --> 02:18:14.440 you the big use and 02:18:14.440 --> 02:18:18.399 restriction as far as I understood is professional space 02:18:18.399 --> 02:18:20.760 the property itself 02:18:20.760 --> 02:18:25.659 being just adjacent from the court building is really ideal 02:18:25.659 --> 02:18:26.840 for the legal 02:18:26.840 --> 02:18:31.510 community and the legal needs surrounding there's just not 02:18:31.510 --> 02:18:32.120 a lot of 02:18:32.120 --> 02:18:36.739 office space or any place for the legal community to get 02:18:36.739 --> 02:18:38.680 housed in fact that some 02:18:38.680 --> 02:18:41.659 of the buildings are being acquired by the county it's 02:18:41.659 --> 02:18:43.239 actually a shrinking 02:18:43.239 --> 02:18:51.030 area for people that are exactly in my position and other 02:18:51.030 --> 02:18:52.479 of the legal 02:18:52.479 --> 02:18:56.280 communities position that we're getting kicked farther and 02:18:56.280 --> 02:18:58.079 farther out which is 02:18:58.079 --> 02:19:03.049 not ideal the entire purpose of the development is to kind 02:19:03.049 --> 02:19:04.120 of create a home 02:19:04.120 --> 02:19:10.200 and an epicenter for people within the legal community to 02:19:10.200 --> 02:19:11.799 kind of glom onto 02:19:11.799 --> 02:19:17.409 being walking distance for restaurants being where I'm sure 02:19:17.409 --> 02:19:18.959 there's a gun in the 02:19:18.959 --> 02:19:23.309 effects or kinkos if there were still around as well as 02:19:23.309 --> 02:19:24.959 being able to house 02:19:24.959 --> 02:19:30.069 attorneys bail bonds towards the front and have a easy 02:19:30.069 --> 02:19:32.200 access area that just 02:19:32.200 --> 02:19:39.120 simply is not existent in the current area in terms of the 02:19:39.120 --> 02:19:40.440 neighborhood itself 02:19:40.440 --> 02:19:44.860 I understand the concern brought up about being such a 02:19:44.860 --> 02:19:46.719 striking difference 02:19:46.719 --> 02:19:51.250 from commercial to residential but in fact we're trying to 02:19:51.250 --> 02:19:52.479 work appearance 02:19:52.479 --> 02:19:57.670 wise into the neighborhood which pitched roof smaller 02:19:57.670 --> 02:19:59.840 buildings so it won't be 02:19:59.840 --> 02:20:02.950 that glaring difference between having a Kroger's right in 02:20:02.950 --> 02:20:04.799 front of your house and 02:20:04.799 --> 02:20:09.579 a neighborhood so all the the things that are being brought 02:20:09.579 --> 02:20:10.920 up are considered 02:20:10.920 --> 02:20:13.170 and very important and we don't want to have a problem with 02:20:13.170 --> 02:20:14.200 the neighborhood at 02:20:14.200 --> 02:20:18.450 the same time when you talk about affordable housing new 02:20:18.450 --> 02:20:19.600 construction 02:20:19.600 --> 02:20:23.899 isn't very affordable regardless of where you go and I 02:20:23.899 --> 02:20:25.520 understand and agree with 02:20:25.520 --> 02:20:30.559 what Lee was talking about previously of most likely the 02:20:30.559 --> 02:20:32.200 last project for the 02:20:32.200 --> 02:20:37.040 rezoning failed ultimately because the neighborhood couldn 02:20:37.040 --> 02:20:38.600 't sell a new 02:20:38.600 --> 02:20:42.520 construction is doesn't fit with the current neighborhood 02:20:42.520 --> 02:20:44.879 either and my biggest 02:20:44.879 --> 02:20:50.389 concern is is that would end up being empty raw land in the 02:20:50.389 --> 02:20:52.440 long term because 02:20:52.440 --> 02:20:56.969 until there's a change within the neighborhood which would 02:20:56.969 --> 02:20:57.479 absolutely 02:20:57.479 --> 02:21:02.280 destroy the affordable housing there's not too much that 02:21:02.280 --> 02:21:04.360 can be done with that 02:21:04.360 --> 02:21:08.799 property itself so really all I'm trying to do is increase 02:21:08.799 --> 02:21:11.000 the value of the 02:21:11.000 --> 02:21:15.909 surrounding community we'd be improving the road itself as 02:21:15.909 --> 02:21:17.760 well as creating an 02:21:17.760 --> 02:21:22.149 actual use for a property that may end up remaining raw 02:21:22.149 --> 02:21:24.920 land for decades because 02:21:24.920 --> 02:21:28.840 you can't build residential within that current community 02:21:28.840 --> 02:21:29.600 although it's 02:21:29.600 --> 02:21:32.409 understandable that you don't want to have a striking 02:21:32.409 --> 02:21:33.600 difference between a 02:21:33.600 --> 02:21:38.719 commercial space you know the the CVS and the residential 02:21:38.719 --> 02:21:39.500 neighborhood it 02:21:39.500 --> 02:21:44.360 occurs all the time everywhere but we are trying to our 02:21:44.360 --> 02:21:45.719 best to work within the 02:21:45.719 --> 02:21:50.180 community keep everybody happy not be a striking difference 02:21:50.180 --> 02:21:52.920 between the office 02:21:52.920 --> 02:21:56.760 space as well as the neighborhood itself 02:21:57.120 --> 02:22:05.379 thank you commissioner Smith thank you chair before I move 02:22:05.379 --> 02:22:06.760 on mr. Dotson thank 02:22:06.760 --> 02:22:09.520 you very much for your words one of the things I brought up 02:22:09.520 --> 02:22:10.479 today on the 02:22:10.479 --> 02:22:13.700 Commission was the idea of valuation changing and the 02:22:13.700 --> 02:22:15.280 affordable housing area 02:22:15.280 --> 02:22:18.750 that surrounds the plot of land that we're talking about in 02:22:18.750 --> 02:22:19.799 my own personal 02:22:19.799 --> 02:22:21.799 experience to doing research on affordable housing 02:22:21.799 --> 02:22:23.000 commercial property 02:22:23.000 --> 02:22:25.870 purchases and development of commercial property doesn't 02:22:25.870 --> 02:22:26.600 nearly affect 02:22:26.600 --> 02:22:30.700 residential home values as much as being people think in 02:22:30.700 --> 02:22:32.280 actuality a lot of times 02:22:32.280 --> 02:22:35.530 you lose the demand for residential property when you're 02:22:35.530 --> 02:22:36.760 getting when you have 02:22:36.760 --> 02:22:40.420 it closer to commercial so if anything it might actually 02:22:40.420 --> 02:22:42.319 keep home values less 02:22:42.319 --> 02:22:44.950 if you see investors want to come in and buy a nice 02:22:44.950 --> 02:22:46.360 residential home in the 02:22:46.360 --> 02:22:49.040 middle of a nice residential neighborhood now if they have 02:22:49.040 --> 02:22:49.559 possibly a 02:22:49.559 --> 02:22:52.780 commercial space across the way it may be less of desire 02:22:52.780 --> 02:22:54.159 keeping that value low 02:22:54.159 --> 02:22:56.600 is what is what the way I perceive it so I just wouldn't 02:22:56.600 --> 02:22:58.340 have that there on record 02:22:58.340 --> 02:23:04.420 to mr. Allison and his associates the the genie Street 02:23:04.420 --> 02:23:06.639 condition it was 02:23:06.639 --> 02:23:08.620 something that was brought up during the neighborhood 02:23:08.620 --> 02:23:10.360 community meeting is that 02:23:10.360 --> 02:23:12.540 something and I'm asking a lot of the questions I'm gonna 02:23:12.540 --> 02:23:13.239 ask you here are 02:23:13.239 --> 02:23:17.209 dependent upon the platting process once we get to that is 02:23:17.209 --> 02:23:19.719 the discussion of the 02:23:19.719 --> 02:23:23.299 development bringing improvements to genie Street on the 02:23:23.299 --> 02:23:24.159 table is that 02:23:24.159 --> 02:23:26.620 something that is going to be addressed because that Street 02:23:26.620 --> 02:23:27.440 is terrible the 02:23:27.440 --> 02:23:31.600 condition of genie Street is deplorable and in accordance 02:23:31.600 --> 02:23:32.360 with the city 02:23:32.360 --> 02:23:35.579 requirements for development and perimeter street 02:23:35.579 --> 02:23:37.079 requirements we will be 02:23:37.079 --> 02:23:40.590 working with the city to accomplish that we are already in 02:23:40.590 --> 02:23:42.000 the process of laying 02:23:42.000 --> 02:23:45.559 it out one of our big challenges is to try and come up with 02:23:45.559 --> 02:23:46.479 an alternate design 02:23:46.479 --> 02:23:49.100 so we can try and keep those trees in the median where gen 02:23:49.100 --> 02:23:49.920 ie is going to go 02:23:49.920 --> 02:23:53.639 people really like those but if that Street gets rebuilt to 02:23:53.639 --> 02:23:54.559 city standards 02:23:54.559 --> 02:23:57.989 without some kind of exception by the city those trees will 02:23:57.989 --> 02:23:58.760 have to go but 02:23:58.760 --> 02:24:03.680 we're yes that was Street will be will be improved will be 02:24:03.680 --> 02:24:05.559 upgraded as the site 02:24:05.559 --> 02:24:09.180 is platted and only in portion of the part that is platted 02:24:09.180 --> 02:24:10.239 so it may if the 02:24:10.239 --> 02:24:12.989 site gets platted in three pieces it'll be three pieces is 02:24:12.989 --> 02:24:13.879 that Street gets 02:24:13.879 --> 02:24:17.059 does that mean the concept and the concept for the planning 02:24:17.059 --> 02:24:17.799 that your 02:24:17.799 --> 02:24:20.909 associate showed us a little while ago was there going to 02:24:20.909 --> 02:24:22.260 be an entrance to the 02:24:22.260 --> 02:24:24.729 property from genie Street or was it only be from the front 02:24:24.729 --> 02:24:26.040 of McKinney that 02:24:26.040 --> 02:24:31.239 concept was the concept whoops I need to find the word our 02:24:31.239 --> 02:24:32.760 first one go there we 02:24:32.760 --> 02:24:35.549 go I know it's small and hard to see there would actually 02:24:35.549 --> 02:24:36.559 be two accesses to 02:24:36.559 --> 02:24:39.579 genie Street we're proposing another access from McKinney 02:24:39.579 --> 02:24:40.200 Street as well 02:24:40.200 --> 02:24:42.940 didn't touch on the first presentation there last two 02:24:42.940 --> 02:24:44.159 things specifically 02:24:44.159 --> 02:24:47.399 talking about concept first of all there is an existing 02:24:47.399 --> 02:24:48.879 tree wall that surrounds 02:24:48.879 --> 02:24:51.280 the entire property that does shield it from the 02:24:51.280 --> 02:24:52.799 neighborhood as it sits now so 02:24:52.799 --> 02:24:56.520 it isn't like looking over raw land from the neighborhood 02:24:56.520 --> 02:24:58.120 side is the idea you've 02:24:58.120 --> 02:25:01.079 talked about a proposed screen is the idea to keep the 02:25:01.079 --> 02:25:02.440 original facade of the 02:25:02.440 --> 02:25:07.860 trees or to put up a brand new brick wall or I don't know a 02:25:07.860 --> 02:25:09.520 lumber eight foot 02:25:09.520 --> 02:25:12.530 fence what's the idea here on generally the idea is to work 02:25:12.530 --> 02:25:13.360 with the neighbors 02:25:13.360 --> 02:25:16.719 and replace their fences in place with a newer better fence 02:25:16.719 --> 02:25:17.559 that would be a 02:25:17.559 --> 02:25:20.219 privacy fence instead of trying to build a second one right 02:25:20.219 --> 02:25:21.959 next to theirs and 02:25:21.959 --> 02:25:24.540 that would give us better opportunity to maintain the tree 02:25:24.540 --> 02:25:25.399 lines and we do have a 02:25:25.399 --> 02:25:28.360 pretty good sized landscape buffer there and with the top 02:25:28.360 --> 02:25:29.639 ography of the land it'll 02:25:29.639 --> 02:25:32.469 be a lot easier to maintain the existing trees along the 02:25:32.469 --> 02:25:33.600 edges of the property 02:25:33.600 --> 02:25:38.049 will that pertain to the long the edges of genie Street as 02:25:38.049 --> 02:25:40.040 well probably not 02:25:40.040 --> 02:25:43.059 because of the city standard Street sections and the reason 02:25:43.059 --> 02:25:44.479 need to dedicate 02:25:44.479 --> 02:25:46.930 additional right away and widen everything in there and 02:25:46.930 --> 02:25:47.559 utilities go 02:25:47.559 --> 02:25:50.840 it's just almost impossible to save those great and the 02:25:50.840 --> 02:25:51.639 last thing I think 02:25:51.639 --> 02:25:55.120 to to you mr. Allison as well as you mr. Dotson number of 02:25:55.120 --> 02:25:56.760 dwellings that we could 02:25:56.760 --> 02:26:00.120 possibly project when it comes to the plotting process you 02:26:00.120 --> 02:26:01.399 mentioned that even 02:26:01.399 --> 02:26:07.219 though and the the new use that we're looking for from NR 02:26:07.219 --> 02:26:09.360 six to NR MU 12 in 02:26:09.360 --> 02:26:13.639 our unit 12 requests or has the allowance of 12 dwellings 02:26:13.639 --> 02:26:14.440 per acre in 02:26:14.440 --> 02:26:18.079 our six is six dwellings breaker you guys thinking that the 02:26:18.079 --> 02:26:19.040 platting is going 02:26:19.040 --> 02:26:22.600 to be looking more like six dwellings per acre versus 12 02:26:22.600 --> 02:26:23.520 well if we get the 02:26:23.520 --> 02:26:27.479 zoning approved there won't be any dwellings and sorry I 02:26:27.479 --> 02:26:27.840 should I should 02:26:27.840 --> 02:26:31.200 rephrase it units the ability for if you're talking about 02:26:31.200 --> 02:26:31.920 talking about 02:26:31.920 --> 02:26:35.090 building these as professional offices units per acre is 02:26:35.090 --> 02:26:36.440 dwelling units it is 02:26:36.440 --> 02:26:40.479 not building units okay and you can see in this plan we're 02:26:40.479 --> 02:26:42.559 looking at on that 02:26:42.559 --> 02:26:47.950 upper portion probably six buildings total okay that's what 02:26:47.950 --> 02:26:49.079 I get 7500 square 02:26:49.079 --> 02:26:52.440 yeah vernacular vernacular wrong but that the same in end 02:26:52.440 --> 02:26:53.600 goal six total 02:26:53.600 --> 02:26:57.340 buildings essentially as we're looking at and what we have 02:26:57.340 --> 02:26:58.520 on this plan is 02:26:58.520 --> 02:27:02.290 basically what we're anticipating in that upper area okay 02:27:02.290 --> 02:27:03.200 no other questions 02:27:03.200 --> 02:27:07.200 Commissioner a couple more questions still Commissioner 02:27:07.200 --> 02:27:08.120 Roselle thank you 02:27:08.120 --> 02:27:10.530 chair I've been taking notes this entire time so if this 02:27:10.530 --> 02:27:11.399 seems like a stream of 02:27:11.399 --> 02:27:15.059 consciousness and my questioning I apologize the overlay 02:27:15.059 --> 02:27:16.000 that you submitted 02:27:16.000 --> 02:27:18.629 to us was that completed before the neighborhood meeting or 02:27:18.629 --> 02:27:19.280 in response to 02:27:19.280 --> 02:27:21.719 the neighborhood meeting in response to the meeting okay 02:27:21.719 --> 02:27:22.200 and they were 02:27:22.200 --> 02:27:25.000 specifically discussed with those present at the meeting 02:27:25.000 --> 02:27:26.719 line by line we 02:27:26.719 --> 02:27:29.540 said we could do those and we did I think echoing other 02:27:29.540 --> 02:27:30.680 commissioners I think 02:27:30.680 --> 02:27:34.879 the overlay is gracious I think it's a it's a pretty good 02:27:34.879 --> 02:27:36.920 attempt to mitigate 02:27:36.920 --> 02:27:40.389 some of the concerns city staff brought up several times 02:27:40.389 --> 02:27:42.120 that the main issue is 02:27:42.120 --> 02:27:46.879 use that they don't want the use there was was used talked 02:27:46.879 --> 02:27:48.000 about in the 02:27:48.000 --> 02:27:52.409 community meeting did they bring up the opposition to a 02:27:52.409 --> 02:27:54.399 office use no they 02:27:54.399 --> 02:27:57.069 brought up an opposition to bars and clubs and things that 02:27:57.069 --> 02:27:58.000 might operate late 02:27:58.000 --> 02:28:01.620 at night which NRMU 12 does not allow at all they were 02:28:01.620 --> 02:28:04.239 concerned about bail bonds 02:28:04.239 --> 02:28:08.829 type facilities and while there's no restrictive of the use 02:28:08.829 --> 02:28:09.920 of those that 02:28:09.920 --> 02:28:14.879 specific those facilities tended locate on-street frontages 02:28:14.879 --> 02:28:16.440 closer to the jail 02:28:16.440 --> 02:28:19.000 the better because people walk out of there and go straight 02:28:19.000 --> 02:28:19.799 to the bail bonds 02:28:19.799 --> 02:28:24.159 but they need the the road visit main road visibility not 02:28:24.159 --> 02:28:25.040 the background 02:28:25.040 --> 02:28:28.510 visibility did you bring up the general office use in the 02:28:28.510 --> 02:28:29.159 community being as 02:28:29.159 --> 02:28:32.399 your intention yes we basically brought up this concept 02:28:32.399 --> 02:28:33.520 site type plan and 02:28:33.520 --> 02:28:36.940 there was no opposition stated at that time they were 02:28:36.940 --> 02:28:38.520 against the office use 02:28:38.520 --> 02:28:42.959 none had stated at that time no okay I have a question for 02:28:42.959 --> 02:28:44.600 Julie why before I do 02:28:44.600 --> 02:28:49.290 that I had one comment this this has no bearing on this but 02:28:49.290 --> 02:28:50.559 as I'm looking at 02:28:50.559 --> 02:28:52.559 the site plan I wrote up in the work session mr. Allison 02:28:52.559 --> 02:28:53.799 you were there that 02:28:53.799 --> 02:28:57.760 there's a very similar development like this off Hinkle 02:28:57.760 --> 02:28:58.920 just north of University 02:28:58.920 --> 02:29:01.479 across from the church behind the chase building and they 02:29:01.479 --> 02:29:02.440 structured it where 02:29:02.440 --> 02:29:06.579 the drive and parking abutted the adjacent properties 02:29:06.579 --> 02:29:07.639 providing a little 02:29:07.639 --> 02:29:10.510 bit more buffer from the fence lines the actual building so 02:29:10.510 --> 02:29:11.719 I don't know if that 02:29:11.719 --> 02:29:14.930 is possible or if that's desired I'm not sure I don't know 02:29:14.930 --> 02:29:16.319 how to plan that but 02:29:16.319 --> 02:29:18.659 I'm wondering if the drive on the east side and the 02:29:18.659 --> 02:29:20.680 buildings were flipped if it 02:29:20.680 --> 02:29:23.409 actually would provide more buffer if there's an issue with 02:29:23.409 --> 02:29:24.120 cars driving I 02:29:24.120 --> 02:29:27.340 don't know but I just it works in the other development in 02:29:27.340 --> 02:29:28.120 terms of spacing 02:29:28.120 --> 02:29:31.409 sight lines from the back door of the house the buildings 02:29:31.409 --> 02:29:32.440 are pushed for 02:29:32.440 --> 02:29:36.629 further away from the property line again that that's not 02:29:36.629 --> 02:29:37.920 relevant to this 02:29:37.920 --> 02:29:41.469 but in this weekend this I wonder if I didn't be more 02:29:41.469 --> 02:29:43.120 manual to residents to 02:29:43.120 --> 02:29:47.309 flip that I am very familiar with the facility you're 02:29:47.309 --> 02:29:50.040 speaking of my personal 02:29:50.040 --> 02:29:52.690 opinion is that this is a better layout because you have 02:29:52.690 --> 02:29:53.879 landscaping in the back 02:29:53.879 --> 02:29:59.069 we have any large mechanical type equipment has to be at 02:29:59.069 --> 02:30:01.200 least 100 feet 02:30:01.200 --> 02:30:03.329 from the property line which would kind of put it out in 02:30:03.329 --> 02:30:04.399 the middle of everything 02:30:04.399 --> 02:30:07.870 we've limited the units to residential style units and 02:30:07.870 --> 02:30:09.200 requiring them to be 02:30:09.200 --> 02:30:12.299 screened with screening walls there's more opportunity for 02:30:12.299 --> 02:30:13.879 landscaping and you 02:30:13.879 --> 02:30:18.620 have you just don't have the lights from cars pushing into 02:30:18.620 --> 02:30:19.959 backyards etc so we 02:30:19.959 --> 02:30:23.590 we feel like this is better I haven't heard anything from 02:30:23.590 --> 02:30:24.399 the residents 02:30:24.399 --> 02:30:30.450 directly related to that I leave it up to the professional 02:30:30.450 --> 02:30:31.479 to decide that just 02:30:31.479 --> 02:30:41.120 my thoughts miss why can I shoot two questions please you 02:30:41.120 --> 02:30:41.879 had mentioned that 02:30:41.879 --> 02:30:44.530 there's opposition because of the office use but it doesn't 02:30:44.530 --> 02:30:45.239 sound like the 02:30:45.239 --> 02:30:47.680 community was advocating that can you tell me about the 02:30:47.680 --> 02:30:49.120 background from staff 02:30:49.120 --> 02:30:56.569 having an issue with the use of office sure so so in terms 02:30:56.569 --> 02:30:58.239 of these infill 02:30:58.239 --> 02:31:01.459 areas where you've got established neighborhoods and then 02:31:01.459 --> 02:31:02.120 you've got 02:31:02.120 --> 02:31:05.700 development opportunities adjacent to it and I know we've 02:31:05.700 --> 02:31:07.079 seen cases like these 02:31:07.079 --> 02:31:10.840 come before come before this Commission in the last year we 02:31:10.840 --> 02:31:11.920 have to look at 02:31:11.920 --> 02:31:17.510 those neighborhoods and and and and ensure that often when 02:31:17.510 --> 02:31:18.200 we have these 02:31:18.200 --> 02:31:20.610 cases where commercial development starts encroaching in 02:31:20.610 --> 02:31:21.520 those neighborhoods 02:31:21.520 --> 02:31:25.489 it nibbles away it nibbles away at the edges of it and that 02:31:25.489 --> 02:31:27.239 and that when it 02:31:27.239 --> 02:31:30.389 nibbles too much then it compromises that cohesive 02:31:30.389 --> 02:31:32.479 development pattern pattern 02:31:32.479 --> 02:31:36.620 of that neighborhood and so we often need to in often in 02:31:36.620 --> 02:31:38.280 some instances like 02:31:38.280 --> 02:31:42.270 this one where it's really it's in it's it's centered in 02:31:42.270 --> 02:31:44.079 that neighborhood we 02:31:44.079 --> 02:31:46.870 want to hold the line to ensure that that neighborhood 02:31:46.870 --> 02:31:48.000 stays protected and 02:31:48.000 --> 02:31:54.510 that it and that those those those residents are that their 02:31:54.510 --> 02:31:55.440 existing 02:31:55.440 --> 02:31:58.930 development pattern and the uses that are in the area are 02:31:58.930 --> 02:31:59.959 maintained and and 02:31:59.959 --> 02:32:03.379 that there isn't that nibbling away so that one property 02:32:03.379 --> 02:32:04.639 falls and the next one 02:32:04.639 --> 02:32:08.739 falls and so that that's really our intent and in terms of 02:32:08.739 --> 02:32:10.360 of a mix of uses 02:32:10.360 --> 02:32:15.590 and an office yes often those things can be compatible but 02:32:15.590 --> 02:32:16.799 we have to look at it 02:32:16.799 --> 02:32:23.159 in a situational setting so in terms of this one you know I 02:32:23.159 --> 02:32:24.799 we we looked at the 02:32:24.799 --> 02:32:27.590 existing zoning pattern think you know that NRM U12 and 02:32:27.590 --> 02:32:28.600 that NRMU the way it's 02:32:28.600 --> 02:32:30.889 existing kind of makes sense in this area because there is 02:32:30.889 --> 02:32:31.639 a need for office 02:32:31.639 --> 02:32:35.739 space and we want to ensure that that those that it 02:32:35.739 --> 02:32:37.440 develops in a way that's 02:32:37.440 --> 02:32:42.399 appropriate for the area but but in this situation when it 02:32:42.399 --> 02:32:44.719 's it's so far into the 02:32:44.719 --> 02:32:47.479 neighborhood that's when it becomes problematic that you're 02:32:47.479 --> 02:32:48.079 bringing in that 02:32:48.079 --> 02:32:52.000 office use so so really that was our intent was to just 02:32:52.000 --> 02:32:52.760 hold the line 02:32:52.760 --> 02:32:56.120 maintain and protect that neighborhood against encroachment 02:32:56.120 --> 02:32:56.840 and against the 02:32:56.840 --> 02:33:00.600 nibbling away at the edges to that it's compromised to a 02:33:00.600 --> 02:33:02.000 point where it would 02:33:02.000 --> 02:33:05.219 change the character of the neighborhood and sure if I can 02:33:05.219 --> 02:33:06.000 just add to that 02:33:06.000 --> 02:33:09.780 really quickly I know we reference the development on H 02:33:09.780 --> 02:33:11.520 inkle and University I'm 02:33:11.520 --> 02:33:17.149 looking at the aerial and the the line is straight across 02:33:17.149 --> 02:33:19.040 as far as residential 02:33:19.040 --> 02:33:21.739 versus commercial so as Julie was talking about encro 02:33:21.739 --> 02:33:23.079 achment there is Lee 02:33:23.079 --> 02:33:28.569 there isn't any in this area specifically as we compare it 02:33:28.569 --> 02:33:29.319 to this 02:33:29.319 --> 02:33:31.569 particular one you're talking about like they haven't this 02:33:31.569 --> 02:33:32.000 is more like a 02:33:32.000 --> 02:33:34.719 peninsula in correct okay now that was one of our 02:33:34.719 --> 02:33:35.479 considerations 02:33:35.479 --> 02:33:42.389 thanks so I have two more questions do you know of the 02:33:42.389 --> 02:33:44.639 eight oppositions we 02:33:44.639 --> 02:33:48.059 have four of them are not homeowners their investment 02:33:48.059 --> 02:33:49.079 properties do you know 02:33:49.079 --> 02:33:51.659 of the ones within the 200 foot boundary which one of those 02:33:51.659 --> 02:33:52.319 are those were 02:33:52.319 --> 02:33:54.520 homeowners or investment properties do you know the 02:33:54.520 --> 02:33:56.479 breakdown I don't in terms 02:33:56.479 --> 02:33:59.840 of we sent out you know we send out notifications for 02:33:59.840 --> 02:34:01.239 property owners within 02:34:01.239 --> 02:34:07.430 200 feet and then residents within 500 feet property owners 02:34:07.430 --> 02:34:08.399 are the only ones 02:34:08.399 --> 02:34:12.600 who get that notice that allows them to submit for a 02:34:12.600 --> 02:34:14.520 response now we did we did 02:34:14.520 --> 02:34:18.159 have some response from outside that 200 boundary so they 02:34:18.159 --> 02:34:19.280 got the notice somehow 02:34:19.280 --> 02:34:24.750 but but in terms of who resides in that property I don't 02:34:24.750 --> 02:34:26.200 know what the breakdown 02:34:26.200 --> 02:34:29.219 is is whether they're who's residing there if they're 02:34:29.219 --> 02:34:30.600 homeowners or if 02:34:30.600 --> 02:34:33.440 that's a rental property is that your question did I answer 02:34:33.440 --> 02:34:34.399 it is and I could 02:34:34.399 --> 02:34:37.420 look up the addresses and with that is there follow-up from 02:34:37.420 --> 02:34:38.520 these responses one 02:34:38.520 --> 02:34:40.200 individual said they didn't want to sell the property it 02:34:40.200 --> 02:34:40.879 sounds like they might 02:34:40.879 --> 02:34:45.319 have been confused yeah we sometimes get responses back 02:34:45.319 --> 02:34:46.100 from neighborhood where 02:34:46.100 --> 02:34:49.290 there's some confusion on what the actual request is and so 02:34:49.290 --> 02:34:49.840 yeah did you 02:34:49.840 --> 02:34:52.200 did you follow without I haven't followed up with them now 02:34:52.200 --> 02:34:53.479 so my last 02:34:53.479 --> 02:34:57.879 question is this yes sir on the use case of retail sales 02:34:57.879 --> 02:34:59.000 and service as well as 02:34:59.000 --> 02:35:01.760 professional services and offices on those two uses is 02:35:01.760 --> 02:35:02.760 there hours of 02:35:02.760 --> 02:35:05.680 operation limitations we don't have our we don't have 02:35:05.680 --> 02:35:06.799 limitations on the hours 02:35:06.799 --> 02:35:09.879 of operation what we do have is a limitation on the gross 02:35:09.879 --> 02:35:10.840 square foot per 02:35:10.840 --> 02:35:17.760 lot so each lot I believe that's 5,000 for the retail and 02:35:17.760 --> 02:35:20.000 10,000 for the office 02:35:20.000 --> 02:35:27.000 space thank you per acre per lot per lot and there's three 02:35:27.000 --> 02:35:28.360 lots here well it 02:35:28.360 --> 02:35:34.440 depends on how they end up eventually flat property thank 02:35:34.440 --> 02:35:35.239 you Julie's are my 02:35:35.239 --> 02:35:39.520 questions sure commissioner back thank you chair my 02:35:39.520 --> 02:35:40.959 questions will go back to 02:35:40.959 --> 02:35:43.920 the applicant but as they approach I would just like to 02:35:43.920 --> 02:35:45.040 make comment about 02:35:45.040 --> 02:35:48.879 that 200 foot versus 500 foot those are kind of arbitrary 02:35:48.879 --> 02:35:50.319 limits it's not that 02:35:50.319 --> 02:35:54.200 the people outside the 200 foot within the 500 foot aren't 02:35:54.200 --> 02:35:55.780 impacted negatively 02:35:55.780 --> 02:35:59.030 or positively either way so I just want to you know don't 02:35:59.030 --> 02:36:00.040 want that to be a 02:36:00.040 --> 02:36:03.309 factor thinking it's not important people in the 500 what 02:36:03.309 --> 02:36:04.559 was people beyond 02:36:04.559 --> 02:36:10.120 the 200 foot limit thing now it was mentioned and I admit I 02:36:10.120 --> 02:36:10.899 'm not the expert 02:36:10.899 --> 02:36:13.719 here on what's affordable when you build and what you can 02:36:13.719 --> 02:36:15.239 build there so I defer 02:36:15.239 --> 02:36:19.829 to the developers here but affordable housing as 02:36:19.829 --> 02:36:21.840 Commissioner Ellis pointed 02:36:21.840 --> 02:36:25.620 out is affected when you do encroach and as Julie pointed 02:36:25.620 --> 02:36:27.000 out it nibbles away 02:36:27.000 --> 02:36:29.350 where people tend to sell their property and we lose that 02:36:29.350 --> 02:36:30.280 existing housing there 02:36:30.280 --> 02:36:36.059 but I mean you can build 18 lots 18 dwellings there and 02:36:36.059 --> 02:36:37.280 that includes 02:36:37.280 --> 02:36:41.840 duplexes is that not an affordable development that you 02:36:41.840 --> 02:36:42.440 build and make 02:36:42.440 --> 02:36:45.149 money off of that would benefit that would serve our need 02:36:45.149 --> 02:36:45.959 for affordable 02:36:45.959 --> 02:36:55.930 housing in your opinion with the NRMU 12 on that remaining 02:36:55.930 --> 02:36:57.280 acres there could be 02:36:57.280 --> 02:37:02.959 no with the NR6 the right 18 units where there's not can't 02:37:02.959 --> 02:37:06.559 be 18 duplexes no 02:37:06.559 --> 02:37:10.040 but you're talking about what would people buy they might 02:37:10.040 --> 02:37:10.600 not buy a house 02:37:10.600 --> 02:37:15.850 but you could build duplexes that people could buy and rent 02:37:15.850 --> 02:37:17.040 out as affordable 02:37:17.040 --> 02:37:22.760 housing no am I again not being the expert here is that we 02:37:22.760 --> 02:37:25.840 are seeing more 02:37:25.840 --> 02:37:30.290 rental property coming up in the forms of apartments and du 02:37:30.290 --> 02:37:31.399 plexes in different 02:37:31.399 --> 02:37:35.649 places I would have to refer to someone else as my 02:37:35.649 --> 02:37:37.959 understanding that rental 02:37:37.959 --> 02:37:41.520 property such as duplexes and apartments do more to reduce 02:37:41.520 --> 02:37:42.440 the neighboring 02:37:42.440 --> 02:37:47.540 property values and then apartments I could see I'm not 02:37:47.540 --> 02:37:48.719 sure about duplexes 02:37:48.719 --> 02:37:51.440 especially when you're only talking about a small number we 02:37:51.440 --> 02:37:52.680 were agreeable 02:37:52.680 --> 02:37:55.780 to something it's been months back where we allowed duplex 02:37:55.780 --> 02:37:57.200 es to come in and on a 02:37:57.200 --> 02:38:01.459 corner out on the front right was the gateway to single- 02:38:01.459 --> 02:38:02.520 family I didn't have a 02:38:02.520 --> 02:38:06.520 problem with that so there's there's some limits there that 02:38:06.520 --> 02:38:07.239 could allow that 02:38:07.239 --> 02:38:10.389 the other thing that you made a point of and I don't 02:38:10.389 --> 02:38:12.040 disagree with and it's 02:38:12.040 --> 02:38:15.530 shown in your concept layout is how this can look like it 02:38:15.530 --> 02:38:16.799 can assimilate into 02:38:16.799 --> 02:38:22.190 this neighborhood the only major impact that this 02:38:22.190 --> 02:38:24.040 development have that sets it 02:38:24.040 --> 02:38:27.520 apart from a residential setting is the extra traffic it's 02:38:27.520 --> 02:38:28.600 going to bring in and 02:38:28.600 --> 02:38:32.479 it's it's it's an unstable effect on a neighborhood where 02:38:32.479 --> 02:38:33.399 it's going to be 02:38:33.399 --> 02:38:38.069 people that are never the same so that has several 02:38:38.069 --> 02:38:39.760 different effects on the 02:38:39.760 --> 02:38:44.090 existing neighborhood and I worry about that too but other 02:38:44.090 --> 02:38:45.319 than that again I 02:38:45.319 --> 02:38:50.219 just think you know bottom line is we seem to have still I 02:38:50.219 --> 02:38:51.799 'm not convinced 02:38:51.799 --> 02:38:55.280 that the residents in that area are really for this enough 02:38:55.280 --> 02:38:55.760 that's why I 02:38:55.760 --> 02:38:59.149 would I would probably have less of a problem if you did go 02:38:59.149 --> 02:39:00.159 back and talk to 02:39:00.159 --> 02:39:01.760 them show them what you're going to do and make these 02:39:01.760 --> 02:39:02.600 people feel comfortable 02:39:02.600 --> 02:39:05.690 because this is their home this is where they live but then 02:39:05.690 --> 02:39:07.479 again along the same 02:39:07.479 --> 02:39:11.190 lines that the city's pointing out this is something that 02:39:11.190 --> 02:39:12.639 will diminish that 02:39:12.639 --> 02:39:14.860 neighborhood could diminish that neighborhood over time I 02:39:14.860 --> 02:39:15.399 just never 02:39:15.399 --> 02:39:19.280 went away and so anyway those are my comments thanks a 02:39:19.280 --> 02:39:22.959 question for staff 02:39:25.319 --> 02:39:28.860 Julie on the notification map that we have in our backup it 02:39:28.860 --> 02:39:30.680 doesn't show any 02:39:30.680 --> 02:39:35.270 of these properties whether they're for or against this 02:39:35.270 --> 02:39:37.360 proposal so I did my 02:39:37.360 --> 02:39:41.680 own due diligence while we were listening and our on the 02:39:41.680 --> 02:39:42.959 paperwork that 02:39:42.959 --> 02:39:46.829 you've provided for us here one of the homes is at 1427 02:39:46.829 --> 02:39:48.799 Woodford that home 02:39:48.799 --> 02:39:52.649 actually is the only home that backs or butts this piece of 02:39:52.649 --> 02:39:54.520 property they're in 02:39:54.520 --> 02:40:01.360 favor of this request the other homes that I looked up the 02:40:01.360 --> 02:40:02.280 Hedy Street is a 02:40:02.280 --> 02:40:06.459 street over and I don't know that it's within the 200 the 02:40:06.459 --> 02:40:09.879 other ones at Campbell 02:40:09.879 --> 02:40:13.690 another one at Campbell another one at Campbell those are 02:40:13.690 --> 02:40:14.799 all at the very front 02:40:14.799 --> 02:40:18.639 part that a back that a but to what is already existing the 02:40:18.639 --> 02:40:21.079 NRMU 12 not abutting 02:40:21.079 --> 02:40:24.649 this piece of property so they're already against in NRMU 02:40:24.649 --> 02:40:28.040 12 not against NR6 02:40:28.040 --> 02:40:31.180 and we're changing it so that they would be instead of abut 02:40:31.180 --> 02:40:32.079 ting NR6 they 02:40:32.079 --> 02:40:38.559 would be abutting NRMU 12 they already abut that so I guess 02:40:38.559 --> 02:40:40.959 my point where I'm 02:40:40.959 --> 02:40:44.500 going here is we've had a lot of conversation here so far 02:40:44.500 --> 02:40:45.680 on this item 02:40:45.680 --> 02:40:49.680 about the neighborhood and the neighbors and what their 02:40:49.680 --> 02:40:51.200 thoughts are the one 02:40:51.200 --> 02:40:54.760 neighbor that actually abuts this property is for it the 02:40:54.760 --> 02:40:55.799 other ones that 02:40:55.799 --> 02:40:59.540 are opposed to it are actually already abutting NRMU 12 is 02:40:59.540 --> 02:41:02.440 that correct at 02:41:02.440 --> 02:41:05.200 least that's what it looks like on my starting to Google 02:41:05.200 --> 02:41:06.280 addresses while we're 02:41:06.280 --> 02:41:09.879 up here looking and talking about this I had our GIS do 02:41:09.879 --> 02:41:12.719 this map today based upon 02:41:12.719 --> 02:41:16.319 that the responses we've received and I was looking to see 02:41:16.319 --> 02:41:17.399 I'm showing the one 02:41:17.399 --> 02:41:22.440 on wood Woodford here and I was but I don't have any 02:41:22.440 --> 02:41:24.000 addresses on it so let me 02:41:24.000 --> 02:41:28.959 see if I can the Woodford is in support 1427 Woodford at 02:41:28.959 --> 02:41:30.319 least on this paperwork 02:41:30.319 --> 02:41:33.360 says it's in support 02:41:41.040 --> 02:41:44.959 so I guess more of a housekeeping thing if it's possible as 02:41:44.959 --> 02:41:46.120 we go forward on 02:41:46.120 --> 02:41:50.680 future meetings if we can have these opposition or support 02:41:50.680 --> 02:41:51.959 letters that we 02:41:51.959 --> 02:41:55.659 can get a better idea of where are they and are they within 02:41:55.659 --> 02:41:56.440 the area are they 02:41:56.440 --> 02:41:59.719 halfway across town or where are we so we have a little 02:41:59.719 --> 02:42:01.040 more perspective as 02:42:01.040 --> 02:42:04.860 commissioners as to who's in support who's opposed and 02:42:04.860 --> 02:42:05.899 where are they in 02:42:05.899 --> 02:42:08.629 relation to the property I think it'd be advantageous for 02:42:08.629 --> 02:42:09.840 all of us up here 02:42:09.840 --> 02:42:15.409 yeah I apologize my map doesn't have the addresses on it so 02:42:15.409 --> 02:42:16.600 I see what you're 02:42:16.600 --> 02:42:18.969 saying on the Woodford and I just have to check with our 02:42:18.969 --> 02:42:21.399 GIS department okay 02:42:21.399 --> 02:42:24.649 well I want to just clarify that because in our backup it 02:42:24.649 --> 02:42:25.680 doesn't have anything 02:42:25.680 --> 02:42:29.370 but we've got a whole stack and when you look at them I 02:42:29.370 --> 02:42:31.079 think the one that's in 02:42:31.079 --> 02:42:34.049 support is the one actually backs the property so thank you 02:42:34.049 --> 02:42:35.159 for clarification 02:42:35.159 --> 02:42:42.280 Commissioner Sullivan thank you on the concept that was up 02:42:42.280 --> 02:42:43.780 there are y'all 02:42:43.780 --> 02:42:49.860 proposed proposing just one entrance and exit onto McKinney 02:42:49.860 --> 02:42:51.159 Street onto McKinney 02:42:51.159 --> 02:42:53.959 Street yes sir there's only one entrance on McKinney Street 02:42:53.959 --> 02:42:54.680 McKinney Street being 02:42:54.680 --> 02:42:58.360 an arterial I'm sorry a collector 02:43:00.360 --> 02:43:05.079 minor arterial we are proposing but we're having to beg for 02:43:05.079 --> 02:43:06.520 it TIA is another 02:43:06.520 --> 02:43:09.360 information with staff to get permission to have that on 02:43:09.360 --> 02:43:11.799 McKinney otherwise 02:43:11.799 --> 02:43:17.479 currently staff well until they finish reviewing our TIA 02:43:17.479 --> 02:43:18.920 staff is only one is 02:43:18.920 --> 02:43:23.840 to have two entries off of Jamie Street and from McKinney 02:43:23.840 --> 02:43:25.280 and in your 02:43:25.280 --> 02:43:28.500 wildest imaginations it becomes more successful than you 02:43:28.500 --> 02:43:29.639 could ever hope for 02:43:29.639 --> 02:43:33.959 how many parking spaces and how many people are going to be 02:43:33.959 --> 02:43:35.200 going into that 02:43:35.200 --> 02:43:42.399 space on any given day I can't answer that at this moment 02:43:42.399 --> 02:43:43.079 and we haven't gone 02:43:43.079 --> 02:43:48.100 to that level of study you know we've done that concept lay 02:43:48.100 --> 02:43:48.959 out I can't get 02:43:48.959 --> 02:43:52.399 back to it real quick 02:43:59.639 --> 02:44:09.000 there it is that shows the the one driveway off of McKinney 02:44:09.000 --> 02:44:09.840 one off of 02:44:09.840 --> 02:44:12.340 McKinney that we're we've submitted to the city and trying 02:44:12.340 --> 02:44:13.200 to get permission 02:44:13.200 --> 02:44:17.479 to have and then it shows the two off Jamie Street that is 02:44:17.479 --> 02:44:18.719 proportional 02:44:18.719 --> 02:44:22.399 regarding the number of parking spaces and buildings we did 02:44:22.399 --> 02:44:25.200 look at the sizes 02:44:26.040 --> 02:44:30.909 gosh what a hundred and fifty two okay so so the two looks 02:44:30.909 --> 02:44:32.760 like parking lots I 02:44:32.760 --> 02:44:37.469 guess right those two spaces on Jamie or those are entrants 02:44:37.469 --> 02:44:38.719 and exits yeah it's 02:44:38.719 --> 02:44:42.149 not it's not shown that way in our or I can't see it in 02:44:42.149 --> 02:44:44.440 that drawing but okay so 02:44:44.440 --> 02:44:48.540 and so so what's your your preference would be one off of 02:44:48.540 --> 02:44:49.360 McKinney and to 02:44:49.360 --> 02:44:52.659 Jamie is that yes and that's what you're looking for and 02:44:52.659 --> 02:44:54.920 meet the requirements we 02:44:54.920 --> 02:44:59.629 could possibly eliminate the northern one to Jamie I would 02:44:59.629 --> 02:45:01.159 like to point out 02:45:01.159 --> 02:45:05.260 to we're just zoning an additional three acres to the NR me 02:45:05.260 --> 02:45:06.600 12 so all that 02:45:06.600 --> 02:45:09.760 other is gonna happen understand understand I would just 02:45:09.760 --> 02:45:10.719 look at them 02:45:10.719 --> 02:45:14.729 or number of parking spaces and I just saw the one entrance 02:45:14.729 --> 02:45:15.799 and exit off of 02:45:15.799 --> 02:45:19.340 McKinney I didn't realize there were two more on Jamie so 02:45:19.340 --> 02:45:20.319 okay thank you 02:45:20.319 --> 02:45:24.600 Commissioner Ellis thank you chair I just wanted to clarify 02:45:24.600 --> 02:45:26.559 the Woodford in 02:45:26.559 --> 02:45:30.840 favor of request that's a non owner occupant that homeowner 02:45:30.840 --> 02:45:31.239 lives in 02:45:31.239 --> 02:45:34.489 Lantana that property owner lives in Lantana that's a 02:45:34.489 --> 02:45:39.000 rental property the 02:45:39.000 --> 02:45:44.760 rental property the Woodford property who said is in favor 02:45:44.760 --> 02:45:46.639 of requests yes but 02:45:46.639 --> 02:45:51.030 that is a non owner occupant the person who owns that lives 02:45:51.030 --> 02:45:52.440 in Lantana so that's 02:45:52.440 --> 02:45:56.440 a tenant in that it's not property owner who's in favor of 02:45:56.440 --> 02:45:57.120 it but it's an 02:45:57.120 --> 02:46:02.319 investor okay okay so the actual property owners in favor 02:46:02.319 --> 02:46:04.559 of it correct 02:46:04.559 --> 02:46:11.360 okay thank you for the clarification Commissioner Sanchez 02:46:14.159 --> 02:46:16.920 I just have one question when you had your your 02:46:16.920 --> 02:46:18.840 neighborhood meeting what kind 02:46:18.840 --> 02:46:23.030 of attendants did you get did you get quite a few people 02:46:23.030 --> 02:46:24.040 from the neighborhood 02:46:24.040 --> 02:46:29.159 or was just one or two if I remember correctly about 30 02:46:29.159 --> 02:46:31.879 that's I'm gonna air 02:46:31.879 --> 02:46:37.190 towards 20 just conservative so you think you got a pretty 02:46:37.190 --> 02:46:38.280 good response is 02:46:38.280 --> 02:46:40.620 that considered a good response from a neighborhood when 02:46:40.620 --> 02:46:41.959 you do work like that I 02:46:41.959 --> 02:46:47.379 don't know I've had responses anywhere from zero to 400 02:46:47.379 --> 02:46:49.360 like that but I think 02:46:49.360 --> 02:46:52.420 that's a pretty good I would think that you know 20 to 30 02:46:52.420 --> 02:46:53.799 would seem a pretty 02:46:53.799 --> 02:46:56.969 good response and even though we had sign-in sheets we didn 02:46:56.969 --> 02:46:57.680 't go back to 02:46:57.680 --> 02:47:00.319 look at their addresses I don't know if they were from 02:47:00.319 --> 02:47:01.799 right next door or if 02:47:01.799 --> 02:47:09.250 they were across town okay Commissioner back thanks chair 02:47:09.250 --> 02:47:09.799 one quick question 02:47:09.799 --> 02:47:15.270 for thanks Lee thank you Julie mentioned and did I hear 02:47:15.270 --> 02:47:16.239 wrong that when the 02:47:16.239 --> 02:47:19.250 notifications went out they went to property owners only I 02:47:19.250 --> 02:47:20.600 'm sorry say again 02:47:20.600 --> 02:47:23.129 I thought I heard you say a while ago when notifications 02:47:23.129 --> 02:47:24.159 went out they went to 02:47:24.159 --> 02:47:27.569 property owners only property owners within 200 feet and 02:47:27.569 --> 02:47:29.000 residents within 500 02:47:29.000 --> 02:47:34.510 okay but I thought the new change would we'd be sending it 02:47:34.510 --> 02:47:36.520 to property owners 02:47:36.520 --> 02:47:40.530 wherever they live one lives in Lantana but that all the 02:47:40.530 --> 02:47:42.040 houses in that area 02:47:42.040 --> 02:47:46.000 would get one and that means that if they were property 02:47:46.000 --> 02:47:47.079 owner good if they 02:47:47.079 --> 02:47:49.930 weren't probably they'd still get that notification you do 02:47:49.930 --> 02:47:50.760 get a notification 02:47:50.760 --> 02:47:54.530 as a resident you get a different and Ron may may correct 02:47:54.530 --> 02:47:55.360 me on this because 02:47:55.360 --> 02:47:58.250 there's been some changes but how this was noticed and how 02:47:58.250 --> 02:47:59.159 we've typically 02:47:59.159 --> 02:48:03.479 noticed based upon direction is a postcard to residents 02:48:03.479 --> 02:48:05.079 okay and then a 02:48:05.079 --> 02:48:09.959 letter to property owners the letter that property owners 02:48:09.959 --> 02:48:11.520 get is this okay and 02:48:11.520 --> 02:48:14.610 then the and then residents get that postcard to notify 02:48:14.610 --> 02:48:15.680 them of the case okay 02:48:15.680 --> 02:48:18.159 that's my concern not so much what it looks like but that 02:48:18.159 --> 02:48:19.520 everybody that lives 02:48:19.520 --> 02:48:22.600 within that 200 feet whether they're on a house or not we 02:48:22.600 --> 02:48:23.440 'll get some kind of 02:48:23.440 --> 02:48:26.950 notification from the 500 feet for residents and up to 500 02:48:26.950 --> 02:48:27.959 feet - yes okay 02:48:27.959 --> 02:48:31.950 great great thank you Commissioner Smith thank you chair mr 02:48:31.950 --> 02:48:32.799 . Allison the 02:48:32.799 --> 02:48:36.559 invitation to everyone to come to the community meeting how 02:48:36.559 --> 02:48:38.159 the process of 02:48:38.159 --> 02:48:41.379 inviting folks out there was that just a blanket postcard 02:48:41.379 --> 02:48:42.760 was there a 200 foot 02:48:42.760 --> 02:48:45.520 500 foot what was the what was the thought process on that 02:48:45.520 --> 02:48:46.600 we contact the 02:48:46.600 --> 02:48:50.440 city of Denton obtained the mailing list for property 02:48:50.440 --> 02:48:52.299 owners and for residents 02:48:52.299 --> 02:48:57.600 within 500 feet we send out a one-page flyer with a map 02:48:57.600 --> 02:48:59.159 description of the 02:48:59.159 --> 02:49:02.129 project and what's about to occur what we're considering 02:49:02.129 --> 02:49:03.000 and where we're 02:49:03.000 --> 02:49:07.700 meeting great awesome thank you okay this is a public 02:49:07.700 --> 02:49:09.719 hearing I have two 02:49:09.719 --> 02:49:14.879 other cards requesting to speak first will be Greg Johnson 02:49:14.879 --> 02:49:20.479 in support thank 02:49:20.479 --> 02:49:22.559 you mr. chairman for my time starts 02:49:29.159 --> 02:49:31.159 Matt 02:49:39.959 --> 02:49:43.430 my name is Greg Johnson 319 West Oak Street here in Denton 02:49:43.430 --> 02:49:46.479 and a couple 02:49:46.479 --> 02:49:49.760 comments first one I love Julie Julie is awesome we love 02:49:49.760 --> 02:49:51.399 working with her Julie 02:49:51.399 --> 02:49:54.409 and I unlike some people in this country can civilly 02:49:54.409 --> 02:49:55.739 disagree and I'm gonna do 02:49:55.739 --> 02:50:00.299 that tonight what a dream applicant I've sat up there for 02:50:00.299 --> 02:50:01.079 many nights and I don't 02:50:01.079 --> 02:50:03.170 recall ever seeing an applicant who would come up and 02:50:03.170 --> 02:50:04.159 expose and impose all 02:50:04.159 --> 02:50:08.360 of these restrictions on themselves which proves which is 02:50:08.360 --> 02:50:09.440 not always the 02:50:09.440 --> 02:50:15.590 case he really intends to build office the current zoning 02:50:15.590 --> 02:50:16.520 that is on the 02:50:16.520 --> 02:50:19.350 property today I actually voted to approve and I remember 02:50:19.350 --> 02:50:19.879 sitting right 02:50:19.879 --> 02:50:23.159 there saying why in the heck are they proposing it this way 02:50:23.159 --> 02:50:24.200 these three 02:50:24.200 --> 02:50:27.200 different zoning's on one parcel it made no sense to me 02:50:27.200 --> 02:50:28.479 when I looked at this 02:50:28.479 --> 02:50:31.600 jagged line and the deal across the back what was proposed 02:50:31.600 --> 02:50:33.159 I knew the day I looked 02:50:33.159 --> 02:50:36.379 at it it would never work mathematically and so 02:50:36.379 --> 02:50:37.520 Commissioner Beck to your point 02:50:37.520 --> 02:50:40.250 you're so right we need more affordable housing the 02:50:40.250 --> 02:50:42.239 challenge with dropping in 02:50:42.239 --> 02:50:45.079 18 you couldn't fit 18 lots anyway because you have the 02:50:45.079 --> 02:50:45.760 street in the 02:50:45.760 --> 02:50:47.700 middle but whatever number of lots you could fit by the 02:50:47.700 --> 02:50:48.399 time you pay for a 02:50:48.399 --> 02:50:52.170 public street to our city specs all the utilities the cost 02:50:52.170 --> 02:50:53.000 of a lot would be 02:50:53.000 --> 02:50:55.760 more than half the house so the math just doesn't work 02:50:55.760 --> 02:50:56.559 which is why it didn't 02:50:56.559 --> 02:51:00.370 happen and the truth of the matter is now I know why it was 02:51:00.370 --> 02:51:01.239 proposed that way 02:51:01.239 --> 02:51:04.469 I think if it would have been proposed in our NU 12 in the 02:51:04.469 --> 02:51:05.399 back it would have 02:51:05.399 --> 02:51:09.020 passed mr. Gene Hartman owns this property he's been saving 02:51:09.020 --> 02:51:09.600 this property 02:51:09.600 --> 02:51:12.020 for many many years he wanted something great to happen 02:51:12.020 --> 02:51:13.200 with it and frankly he 02:51:13.200 --> 02:51:16.360 just had bad advice he had somebody advising him on what 02:51:16.360 --> 02:51:16.879 they thought they 02:51:16.879 --> 02:51:19.239 could do with the property they wanted to buy it and what 02:51:19.239 --> 02:51:20.280 was proposed would 02:51:20.280 --> 02:51:24.819 never work a couple of points there are properties all over 02:51:24.819 --> 02:51:26.200 this city larger 02:51:26.200 --> 02:51:30.299 than this one up against and into neighborhoods that are z 02:51:30.299 --> 02:51:31.079 oned in our MU 02:51:31.079 --> 02:51:35.030 12 in our M use neighborhood residential mixed use as you 02:51:35.030 --> 02:51:36.280 know it's made to 02:51:36.280 --> 02:51:38.690 provide those uses that serve the neighborhoods daycare 02:51:38.690 --> 02:51:39.440 centers offices 02:51:39.440 --> 02:51:45.520 etc the reason I wanted to pull this up is so here is here 02:51:45.520 --> 02:51:47.440 's the houses we're 02:51:47.440 --> 02:51:51.479 talking about being affected okay well really these about 02:51:51.479 --> 02:51:53.840 the property these 02:51:53.840 --> 02:51:57.209 for you know it was okay for NRM you for these to be up 02:51:57.209 --> 02:51:58.399 against it these are 02:51:58.399 --> 02:52:01.170 houses in the neighborhood these people over here back up 02:52:01.170 --> 02:52:02.600 to a huge box that is 02:52:02.600 --> 02:52:04.739 the county government office that used to be a grocery 02:52:04.739 --> 02:52:06.600 store these houses over 02:52:06.600 --> 02:52:09.110 here back up to the parking lot for the courthouse which is 02:52:09.110 --> 02:52:09.760 a heck of a lot 02:52:09.760 --> 02:52:15.840 taller than a single family or a single-story office and so 02:52:15.840 --> 02:52:17.040 while I love 02:52:17.040 --> 02:52:21.920 Julie the bubble plan the 2030 plan is a bubble plan it 02:52:21.920 --> 02:52:23.360 doesn't get down to exact 02:52:23.360 --> 02:52:26.149 property lines and so you know to say that this property 02:52:26.149 --> 02:52:27.280 isn't compatible with 02:52:27.280 --> 02:52:32.079 the future land use I'm not so sure but but our planning 02:52:32.079 --> 02:52:33.440 staff has said for 02:52:33.440 --> 02:52:38.100 years that offices are the most compatible buffer use 02:52:38.100 --> 02:52:39.319 between single 02:52:39.319 --> 02:52:42.680 family residential and retail commercial uses and that's 02:52:42.680 --> 02:52:44.000 what is being proposed 02:52:44.000 --> 02:52:49.719 here so I find it odd that that office is okay for these 02:52:49.719 --> 02:52:51.319 guys to back up to but 02:52:51.319 --> 02:52:54.079 office isn't okay for these guys to back up to it doesn't 02:52:54.079 --> 02:52:56.000 it doesn't jive for me 02:52:56.000 --> 02:53:00.549 there are tracks all over our city like this one and larger 02:53:00.549 --> 02:53:01.440 that are zoned in 02:53:01.440 --> 02:53:04.350 our MU 12 with houses backed up to it we have Kroger 02:53:04.350 --> 02:53:05.840 shopping centers that back 02:53:05.840 --> 02:53:11.149 up to houses we have self storage that backs up to houses 02:53:11.149 --> 02:53:12.520 what I have always 02:53:12.520 --> 02:53:16.069 liked about putting office next to residential is that 02:53:16.069 --> 02:53:17.360 office people come 02:53:17.360 --> 02:53:20.719 to work when the residents left and went to work and the 02:53:20.719 --> 02:53:22.600 office people leave and 02:53:22.600 --> 02:53:25.840 go home when these people come home and so these offices 02:53:25.840 --> 02:53:27.280 aren't being used when 02:53:27.280 --> 02:53:30.379 the homeowners are home but what do office people do they 02:53:30.379 --> 02:53:31.319 drive up they get 02:53:31.319 --> 02:53:33.280 out they go in their office they work all day and they 02:53:33.280 --> 02:53:34.079 leave it's not like a 02:53:34.079 --> 02:53:37.440 donut shop or dry cleaners and these sort of things which 02:53:37.440 --> 02:53:38.479 by the way we have 02:53:38.479 --> 02:53:40.969 dry cleaners and donut shops that back right up to single- 02:53:40.969 --> 02:53:41.920 family residential 02:53:41.920 --> 02:53:44.709 that we've approved for years and so I think it's just a 02:53:44.709 --> 02:53:45.159 bit of a 02:53:45.159 --> 02:53:49.120 mischaracterization to say that the back of this property 02:53:49.120 --> 02:53:50.959 shouldn't allow for 02:53:50.959 --> 02:53:54.430 office so I would respectfully press request that you 02:53:54.430 --> 02:53:55.319 approve this 02:53:55.319 --> 02:53:57.940 application and recommend approval of the council a couple 02:53:57.940 --> 02:53:58.799 questions for you 02:53:58.799 --> 02:54:02.709 Commissioner back thank you chair thank you Greg for 02:54:02.709 --> 02:54:05.239 enlightening me I mean that 02:54:05.239 --> 02:54:08.950 see I have some insights there that I haven't picked up on 02:54:08.950 --> 02:54:09.879 but nobody's 02:54:09.879 --> 02:54:14.440 really disputing the benefit of commercial areas next to 02:54:14.440 --> 02:54:15.079 neighborhoods 02:54:15.079 --> 02:54:18.389 when you look at this configuration there the depth of this 02:54:18.389 --> 02:54:19.440 thing going into 02:54:19.440 --> 02:54:21.989 that neighborhood is what's a little disturbing and I can't 02:54:21.989 --> 02:54:23.200 help but feel you 02:54:23.200 --> 02:54:26.559 know again that the argument that it will pick away at this 02:54:26.559 --> 02:54:27.600 neighborhood is 02:54:27.600 --> 02:54:31.110 other property owners sell those houses that are affordable 02:54:31.110 --> 02:54:32.159 now and we lose that 02:54:32.159 --> 02:54:35.879 all these areas that are non-residential now probably at 02:54:35.879 --> 02:54:37.040 one time I'm sure were 02:54:37.040 --> 02:54:41.979 residential and just slowly diminished over time so it's 02:54:41.979 --> 02:54:44.000 not that I or anybody 02:54:44.000 --> 02:54:47.209 else is opposed to commercial around a neighborhood area 02:54:47.209 --> 02:54:48.799 and up against it but 02:54:48.799 --> 02:54:52.639 this configuration here is is beyond you know just simple 02:54:52.639 --> 02:54:55.399 next to it's deep into 02:54:55.399 --> 02:54:59.090 the neighborhood itself so sure and I would offer that 02:54:59.090 --> 02:55:00.120 maybe you look at if 02:55:00.120 --> 02:55:02.729 you know we're dr. co everybody knows dr. Cobos I think F 02:55:02.729 --> 02:55:04.280 ulton Street very 02:55:04.280 --> 02:55:09.549 similar project it's a office complex on Fulton Street back 02:55:09.549 --> 02:55:10.360 off of the 02:55:10.360 --> 02:55:14.760 University Drive you got a residential all around it right 02:55:14.760 --> 02:55:15.680 it's a very garden 02:55:15.680 --> 02:55:18.770 office setting single-story to try their christen been 02:55:18.770 --> 02:55:20.319 there forever to try to 02:55:20.319 --> 02:55:24.520 off-crescent no I think maybe I can't remember what that 02:55:24.520 --> 02:55:25.360 other side street is 02:55:25.360 --> 02:55:28.399 but but you know it's right there off of Fulton Street 02:55:28.399 --> 02:55:29.319 neighborhood surrounding 02:55:29.319 --> 02:55:32.540 it and so I agree with what you're saying which is this is 02:55:32.540 --> 02:55:33.879 an odd-shaped lot 02:55:33.879 --> 02:55:39.930 okay the but you could certainly go build you could build 02:55:39.930 --> 02:55:40.559 there's all kinds 02:55:40.559 --> 02:55:43.559 of things you could build an nr6 that some neighbors might 02:55:43.559 --> 02:55:44.360 say that seems a 02:55:44.360 --> 02:55:48.469 little too dense to me and so you know to me again I just 02:55:48.469 --> 02:55:50.600 think about if I if I 02:55:50.600 --> 02:55:53.959 look at these why are these lots any different than these 02:55:53.959 --> 02:55:56.000 lots and and and 02:55:56.000 --> 02:55:59.930 and the other benefit that I see is well the city hasn't 02:55:59.930 --> 02:56:01.440 chosen to go improve 02:56:01.440 --> 02:56:05.690 Janey Street which is deplorable this project it would 02:56:05.690 --> 02:56:07.440 force them to go build 02:56:07.440 --> 02:56:10.540 a new street to new city specs which is going to provide 02:56:10.540 --> 02:56:11.799 those residents a much 02:56:11.799 --> 02:56:15.639 better access into their neighborhood 02:56:17.120 --> 02:56:20.399 Commissioner else thank you Jim thank you mr. Johnson for 02:56:20.399 --> 02:56:22.120 speaking don't you 02:56:22.120 --> 02:56:24.770 think the house is on Janey Street will be negatively 02:56:24.770 --> 02:56:26.280 affected they are directly 02:56:26.280 --> 02:56:30.270 across the street staring at this plot of land you didn't 02:56:30.270 --> 02:56:31.799 mention those when you 02:56:31.799 --> 02:56:34.610 were pointing out around there yeah so so well you know 02:56:34.610 --> 02:56:36.319 typically those who 02:56:36.319 --> 02:56:39.379 back up is who you know folks are most concerned about you 02:56:39.379 --> 02:56:40.399 know these over here 02:56:40.399 --> 02:56:44.360 across the street again you've got you've got single-family 02:56:44.360 --> 02:56:44.959 residential 02:56:44.959 --> 02:56:48.610 across the street from office all over this this town and 02:56:48.610 --> 02:56:49.840 so it's typically 02:56:49.840 --> 02:56:53.479 when you have a street separating the front of a house you 02:56:53.479 --> 02:56:54.680 've got your your 02:56:54.680 --> 02:56:57.309 site your front yard setback and you got a setback on the 02:56:57.309 --> 02:56:58.639 other side a screen 02:56:58.639 --> 02:57:02.780 wall this is not uncommon to see about the city no I just 02:57:02.780 --> 02:57:03.639 think I mean I think 02:57:03.639 --> 02:57:06.389 the biggest issue here is the configuration of this land we 02:57:06.389 --> 02:57:06.680 keep 02:57:06.680 --> 02:57:09.930 talking about how we have commercial abutting neighborhoods 02:57:09.930 --> 02:57:10.799 yeah all over the 02:57:10.799 --> 02:57:15.120 place they're usually a horizontal plot of land and not 02:57:15.120 --> 02:57:16.680 this vertical vertical 02:57:16.680 --> 02:57:20.370 piece that cuts right into the subdivision and so in 02:57:20.370 --> 02:57:21.639 driving this you 02:57:21.639 --> 02:57:24.590 know when you go down Janney Street and you get to this 02:57:24.590 --> 02:57:26.040 part of the lot I mean 02:57:26.040 --> 02:57:29.670 all that's staring at you all around you are residential 02:57:29.670 --> 02:57:31.959 homes so it's that's 02:57:31.959 --> 02:57:35.809 that's the big difficulty and I'm sure that's where staff 02:57:35.809 --> 02:57:37.000 was was as well in 02:57:37.000 --> 02:57:42.030 denying this is is you're cutting deep into a subdivision 02:57:42.030 --> 02:57:43.600 not not across the 02:57:43.600 --> 02:57:46.379 subdivision where you're just cutting this straight line on 02:57:46.379 --> 02:57:46.959 a handful of 02:57:46.959 --> 02:57:50.370 houses but you're literally going into the neighborhood 02:57:50.370 --> 02:57:51.200 yeah and actually I 02:57:51.200 --> 02:57:54.319 would agree with you if you were talking about a two-story 02:57:54.319 --> 02:57:55.719 anything apartments 02:57:55.719 --> 02:57:58.120 you can build two-story duplexes right here you can go 40 02:57:58.120 --> 02:58:00.559 feet by right and so 02:58:00.559 --> 02:58:03.860 when I think about the use I think all these restrictions 02:58:03.860 --> 02:58:05.200 the applicant has put 02:58:05.200 --> 02:58:08.440 imposed upon themselves it's a very residential looking 02:58:08.440 --> 02:58:10.239 product and so when 02:58:10.239 --> 02:58:13.159 I think about what's the resident going to be looking at 02:58:13.159 --> 02:58:13.940 well they could be 02:58:13.940 --> 02:58:16.520 looking at a two-story something across the street and we 02:58:16.520 --> 02:58:17.200 have a lot of 02:58:17.200 --> 02:58:19.450 neighborhoods that have apartments that cut up into the 02:58:19.450 --> 02:58:20.399 neighborhood that are 02:58:20.399 --> 02:58:23.899 two stories and we wouldn't do that today we'd make them 02:58:23.899 --> 02:58:24.600 have a setback 02:58:24.600 --> 02:58:26.750 where they couldn't look down into somebody's house but 02:58:26.750 --> 02:58:27.639 they're there and 02:58:27.639 --> 02:58:32.579 and so again with him agreeing to single story with the 40% 02:58:32.579 --> 02:58:34.319 landscaping I think 02:58:34.319 --> 02:58:37.489 it's a great use because the reality is that 3.2 acres will 02:58:37.489 --> 02:58:38.600 never develop for 02:58:38.600 --> 02:58:44.399 single-family the math doesn't work thanks for asking I had 02:58:44.399 --> 02:58:45.520 a question for 02:58:45.520 --> 02:58:50.829 you I agree with what you're saying I also remember when 02:58:50.829 --> 02:58:51.520 this track came 02:58:51.520 --> 02:58:56.129 before us a number of years ago and it hasn't developed and 02:58:56.129 --> 02:58:57.360 so to your point 02:58:57.360 --> 02:59:01.000 the plan doesn't work it it was going to work it would have 02:59:01.000 --> 02:59:01.799 already worked I 02:59:01.799 --> 02:59:05.629 think one of the other issues that I would bring up or just 02:59:05.629 --> 02:59:06.920 an observation is 02:59:06.920 --> 02:59:09.750 I can't remember exactly when the courthouse was built 02:59:09.750 --> 02:59:13.000 there it's been I 02:59:13.000 --> 02:59:17.459 was gonna say I was gonna guess 20 years so it's been there 02:59:17.459 --> 02:59:19.680 20 years and that 02:59:19.680 --> 02:59:22.989 piece of property has been vacant for 20 years and we're 02:59:22.989 --> 02:59:24.399 talking about chipping 02:59:24.399 --> 02:59:28.649 away at the neighborhood if there was such a huge demand 02:59:28.649 --> 02:59:30.000 and that this was 02:59:30.000 --> 02:59:32.190 going to be developed overnight and then the neighborhoods 02:59:32.190 --> 02:59:33.100 going to be raised it 02:59:33.100 --> 02:59:35.469 would have happened a long time ago we're talking about a 02:59:35.469 --> 02:59:36.399 parcel that's been 02:59:36.399 --> 02:59:39.489 vacant never been developed it's been right across the cour 02:59:39.489 --> 02:59:40.280 thouse for 20 02:59:40.280 --> 02:59:45.110 years my guess is it'll be quite some time before this is 02:59:45.110 --> 02:59:46.159 built out before 02:59:46.159 --> 02:59:48.500 there's ever going to be demand to try to go and take any 02:59:48.500 --> 02:59:49.559 of these other homes 02:59:49.559 --> 02:59:53.659 and so the reality is there's a vacant piece of property it 02:59:53.659 --> 02:59:55.120 's been zoned before 02:59:55.120 --> 03:00:00.340 it didn't work and we have an opportunity tonight to take a 03:00:00.340 --> 03:00:00.680 look at 03:00:00.680 --> 03:00:05.000 someone else this idea and vision for this tract to see it 03:00:05.000 --> 03:00:06.319 actually move in to 03:00:06.319 --> 03:00:09.989 be developed and become productive versus I believe it's 03:00:09.989 --> 03:00:11.120 had cows on it for 03:00:11.120 --> 03:00:15.690 many years may not anymore but I know it has so I'm looking 03:00:15.690 --> 03:00:16.799 forward to getting to 03:00:16.799 --> 03:00:19.639 vote on that this evening and if you have any comments I'd 03:00:19.639 --> 03:00:20.559 welcome those yeah 03:00:20.559 --> 03:00:23.590 I just want to Mr. Dodson's horn for a second because he 03:00:23.590 --> 03:00:24.559 has set with us we 03:00:24.559 --> 03:00:28.229 represent mr. Hartman he owns the land mr. Jean is a icon 03:00:28.229 --> 03:00:29.159 in our community 03:00:29.159 --> 03:00:32.059 even cutting hair at the campus barbershop for I won't say 03:00:32.059 --> 03:00:32.959 how long mr. 03:00:32.959 --> 03:00:36.430 Jean but he came to us with this property and said what do 03:00:36.430 --> 03:00:37.159 I do this guy 03:00:37.159 --> 03:00:40.780 gave me a story he was going to buy it he was going to do 03:00:40.780 --> 03:00:41.799 this thing it never 03:00:41.799 --> 03:00:46.600 worked it never happened what do I do and and we sold the 03:00:46.600 --> 03:00:47.879 we represented the 03:00:47.879 --> 03:00:50.219 seller selling the law building to the county and as you 03:00:50.219 --> 03:00:51.159 guys probably know the 03:00:51.159 --> 03:00:53.569 county is buying everything on that side and when the 03:00:53.569 --> 03:00:54.799 county comes says I'd like 03:00:54.799 --> 03:00:57.690 to buy your property you can't sell it because they can get 03:00:57.690 --> 03:01:00.319 it later anyway but 03:01:00.319 --> 03:01:03.340 but mr. Dodson came to us and he said you know I want to do 03:01:03.340 --> 03:01:04.840 something first 03:01:04.840 --> 03:01:07.979 class and I want to create an office space and if you've 03:01:07.979 --> 03:01:08.959 ever been on jury 03:01:08.959 --> 03:01:11.020 duty and you want something to eat you got to go to Luke 28 03:01:11.020 --> 03:01:11.719 8 you got to come 03:01:11.719 --> 03:01:14.280 all the way downtown you have an hour and so he said I want 03:01:14.280 --> 03:01:14.879 to provide 03:01:14.879 --> 03:01:16.659 something for jurors where they can walk across the street 03:01:16.659 --> 03:01:17.440 and grab something to eat 03:01:17.440 --> 03:01:20.000 there was some comments earlier about bail bonds or 03:01:20.000 --> 03:01:21.840 restaurants or whatever I 03:01:21.840 --> 03:01:24.989 can tell you that no retail business of any sort will go 03:01:24.989 --> 03:01:26.200 anywhere but fronting 03:01:26.200 --> 03:01:29.559 McKinney because they can't make it if they if they don't 03:01:29.559 --> 03:01:30.120 have frontage on 03:01:30.120 --> 03:01:35.079 McKinney so what he has laid out is truly first class he 03:01:35.079 --> 03:01:36.079 didn't lay out 03:01:36.079 --> 03:01:38.340 something that would make him the most money it's he's 03:01:38.340 --> 03:01:39.440 gonna have his own office 03:01:39.440 --> 03:01:43.190 there and he wants to have others like him come in office 03:01:43.190 --> 03:01:44.559 there and you know I 03:01:44.559 --> 03:01:46.809 think this this is one of those where I think sometimes we 03:01:46.809 --> 03:01:47.799 can get really caught 03:01:47.799 --> 03:01:52.659 up and worrying about things that aren't real worries and 03:01:52.659 --> 03:01:54.639 well I think it's 03:01:54.639 --> 03:01:58.229 important to vet it and you guys have we're talking about a 03:01:58.229 --> 03:01:59.280 class a project 03:01:59.280 --> 03:02:03.639 that will do nothing but make I think the neighbors happy 03:02:03.639 --> 03:02:04.399 they'll have a new 03:02:04.399 --> 03:02:07.760 street and you'll have single family or single story 03:02:07.760 --> 03:02:09.120 offices that aren't 03:02:09.120 --> 03:02:12.979 intrusive in any way to a neighborhood and and you'll have 03:02:12.979 --> 03:02:14.479 people that are when 03:02:14.479 --> 03:02:17.840 they're home nobody's there and when the people are in 03:02:17.840 --> 03:02:18.920 these offices nobody's 03:02:18.920 --> 03:02:23.530 home and so I think when you look at this property again I 03:02:23.530 --> 03:02:24.879 can't think of a 03:02:24.879 --> 03:02:27.229 better project that could ever be presented because the 03:02:27.229 --> 03:02:28.000 only other thing 03:02:28.000 --> 03:02:30.950 that's going to work here is apartments you can't develop 03:02:30.950 --> 03:02:31.879 it for single-family 03:02:31.879 --> 03:02:36.389 residential and make the math work agree thank you thank 03:02:36.389 --> 03:02:37.399 you guys for listening 03:02:37.399 --> 03:02:40.959 thank you for your comments and your time I have another 03:02:40.959 --> 03:02:42.000 card and again this 03:02:42.000 --> 03:02:45.159 is a public hearing Greg price I have no other cards 03:02:45.159 --> 03:02:46.440 wishing to speak on this 03:02:46.440 --> 03:02:51.520 item this time thank you I'm Greg price I live at 2216 03:02:51.520 --> 03:02:52.479 Great Bear Lane here in 03:02:52.479 --> 03:02:55.719 Denton and one of the things that I want to say in support 03:02:55.719 --> 03:02:57.399 of the project is the 03:02:57.399 --> 03:03:00.229 number I'm also a commercial real estate agent and I have 03:03:00.229 --> 03:03:01.799 met with probably a 03:03:01.799 --> 03:03:05.559 dozen attorneys looking for office and didn't Texas and 03:03:05.559 --> 03:03:06.440 there's two 03:03:06.440 --> 03:03:08.879 requirements that they want I want to be close to the cour 03:03:08.879 --> 03:03:09.760 thouse and close to 03:03:09.760 --> 03:03:14.350 downtown and what's available is shrinking the law building 03:03:14.350 --> 03:03:15.000 sold and 03:03:15.000 --> 03:03:17.110 every one of those attorneys are going to have to go find 03:03:17.110 --> 03:03:17.959 new offices because 03:03:17.959 --> 03:03:21.270 the county district attorney's office is moving into those 03:03:21.270 --> 03:03:22.319 and they want to be 03:03:22.319 --> 03:03:25.790 close to the courthouse and this property being directly 03:03:25.790 --> 03:03:26.680 across serves 03:03:26.680 --> 03:03:31.370 that currently this property is ag exempt there are cows on 03:03:31.370 --> 03:03:32.120 the property and 03:03:32.120 --> 03:03:35.270 it's not producing tax dollars with what mr. Dotson is 03:03:35.270 --> 03:03:36.559 producing is only going to 03:03:36.559 --> 03:03:40.219 help the city of Denton I go to an office every day every 03:03:40.219 --> 03:03:41.319 day I go in there 03:03:41.319 --> 03:03:44.940 and I go sit down at my desk and everybody's looking at 03:03:44.940 --> 03:03:46.120 email and it's a 03:03:46.120 --> 03:03:50.370 very quiet use it's not disruptive I've not seen an office 03:03:50.370 --> 03:03:50.860 that's really 03:03:50.860 --> 03:03:53.879 disruptive to a neighborhood matter of fact just like mr. 03:03:53.879 --> 03:03:55.479 Johnson said that when 03:03:55.479 --> 03:03:59.620 you go in most of the folks have gone for the day you go 03:03:59.620 --> 03:04:00.719 into your office and 03:04:00.719 --> 03:04:04.770 you go home if you keep the current zoning and it gets 03:04:04.770 --> 03:04:05.399 developed you 03:04:05.399 --> 03:04:09.260 increase the density of the neighborhood I don't think that 03:04:09.260 --> 03:04:10.299 helps the 03:04:10.299 --> 03:04:15.190 neighborhood office is a quieter use it has a less dense 03:04:15.190 --> 03:04:17.079 use and the timing of 03:04:17.079 --> 03:04:22.120 folks using the property only makes sense plus the text the 03:04:22.120 --> 03:04:23.000 tax incentive 03:04:23.000 --> 03:04:27.420 that'll benefit the city also increases so just want to say 03:04:27.420 --> 03:04:28.680 that I'm in favor of 03:04:28.680 --> 03:04:32.959 the use and I commend mr. Dotson for his his project and 03:04:32.959 --> 03:04:34.079 his plan and that I do 03:04:34.079 --> 03:04:37.440 know that I represent mr. Hartman as well as far as selling 03:04:37.440 --> 03:04:38.440 the property and 03:04:38.440 --> 03:04:40.450 I know where his heart is on what he'd like to see take 03:04:40.450 --> 03:04:41.360 place and he wants to 03:04:41.360 --> 03:04:46.430 serve the community for the good I have no questions thank 03:04:46.430 --> 03:04:48.280 you again this is a 03:04:48.280 --> 03:04:50.479 public hearing anyone who would like to speak on this item 03:04:50.479 --> 03:04:51.319 please come forward 03:04:51.319 --> 03:04:56.079 this time seeing none will close the public hearing and 03:04:56.079 --> 03:04:56.920 open the floor for 03:04:56.920 --> 03:05:04.600 discussion or emotion commissioner Roselle thank you chair 03:05:04.600 --> 03:05:06.159 as I'm gonna 03:05:06.159 --> 03:05:09.700 motion to approve this before I do I just I was just 03:05:09.700 --> 03:05:10.840 thinking through 03:05:10.840 --> 03:05:13.950 everything that's been stated tonight on both both sides 03:05:13.950 --> 03:05:14.840 and I certainly 03:05:14.840 --> 03:05:17.719 appreciate the work city does and I can courage Julia is 03:05:17.719 --> 03:05:18.639 awesome she's a work 03:05:18.639 --> 03:05:22.649 course and I appreciate the perspective they're bringing 03:05:22.649 --> 03:05:24.040 but I also hear a lot 03:05:24.040 --> 03:05:27.700 of positive things from the applicant in terms of trying to 03:05:27.700 --> 03:05:28.639 respond to the 03:05:28.639 --> 03:05:31.469 community both in what they've stated as concerns but also 03:05:31.469 --> 03:05:32.120 needs of the 03:05:32.120 --> 03:05:36.219 community and as we looked at the the aerial there is I 03:05:36.219 --> 03:05:37.879 think Councilman 03:05:37.879 --> 03:05:41.360 Johnson pointed this out there is development everywhere 03:05:41.360 --> 03:05:42.840 except that plot 03:05:42.840 --> 03:05:47.399 which is odd because if you go out further there's even 03:05:47.399 --> 03:05:48.319 more development 03:05:48.319 --> 03:05:52.079 which leads me to the conclusion that the current zoning or 03:05:52.079 --> 03:05:53.239 uses is simply not 03:05:53.239 --> 03:05:56.129 marketable that or something would have been done there so 03:05:56.129 --> 03:05:57.280 what what the current 03:05:57.280 --> 03:06:02.049 situation seems in my opinion a little broke if there's not 03:06:02.049 --> 03:06:02.719 instead of 03:06:02.719 --> 03:06:06.909 developed so and I don't think this is too far-fetched from 03:06:06.909 --> 03:06:07.680 what this 03:06:07.680 --> 03:06:10.530 commission I know what I have approved sitting here I can 03:06:10.530 --> 03:06:11.520 think back to this 03:06:11.520 --> 03:06:14.930 commission me included voted to approve a rezoning on 03:06:14.930 --> 03:06:16.360 University where an Aldi 03:06:16.360 --> 03:06:21.239 now sits that backs up to neighborhood we also recently 03:06:21.239 --> 03:06:23.479 approved a rezoning for 03:06:23.479 --> 03:06:26.479 self storage to go to university and they'll back up to 03:06:26.479 --> 03:06:27.559 neighborhoods on 03:06:27.559 --> 03:06:30.290 University I understand it's not a peninsula type situation 03:06:30.290 --> 03:06:30.920 with the self 03:06:30.920 --> 03:06:33.959 storage but the Aldi's are certainly right in the middle of 03:06:33.959 --> 03:06:35.239 a neighborhood and 03:06:35.239 --> 03:06:40.620 yet this commission deemed those two things appropriate and 03:06:40.620 --> 03:06:43.360 so with that the 03:06:43.360 --> 03:06:48.200 applicant has reached out to the community and not only has 03:06:48.200 --> 03:06:49.680 been willing 03:06:49.680 --> 03:06:54.020 to abide by restricted uses on the property they actually 03:06:54.020 --> 03:06:55.159 created restricted 03:06:55.159 --> 03:06:59.360 uses on the property in response to the communities 03:06:59.360 --> 03:07:01.600 concerns so all that to say 03:07:01.600 --> 03:07:04.149 I'm in favor of this project I think it'd be good for the 03:07:04.149 --> 03:07:04.920 city to have this 03:07:04.920 --> 03:07:07.799 developed and I think overall the concerns that have been 03:07:07.799 --> 03:07:08.520 stated by the 03:07:08.520 --> 03:07:12.629 community have been addressed by the restrictive uses in my 03:07:12.629 --> 03:07:14.280 experience Lee 03:07:14.280 --> 03:07:18.780 Allison his group do quality work and so I see no reason 03:07:18.780 --> 03:07:20.280 that this also too 03:07:20.280 --> 03:07:23.399 wouldn't be a high quality establishment that's generating 03:07:23.399 --> 03:07:24.159 income for the city 03:07:24.159 --> 03:07:27.729 and also productive for the community around it so for that 03:07:27.729 --> 03:07:28.440 I motion to 03:07:28.440 --> 03:07:33.030 approve this Commissioner Smith Commissioner Osella pretty 03:07:33.030 --> 03:07:33.479 much got all 03:07:33.479 --> 03:07:36.709 the hot of the hot air out of the room for us on that one 03:07:36.709 --> 03:07:38.120 the thing I'll just 03:07:38.120 --> 03:07:41.329 say to this is that if I was a developer and I was looking 03:07:41.329 --> 03:07:42.639 to build a residential 03:07:42.639 --> 03:07:46.229 development on a piece of land that would be a perfect one 03:07:46.229 --> 03:07:46.840 for the for the 03:07:46.840 --> 03:07:50.020 proximity that would be to downtown as well as just where 03:07:50.020 --> 03:07:51.159 it sits within the 03:07:51.159 --> 03:07:54.760 city of Denton that would be a prime location for a multif 03:07:54.760 --> 03:07:56.600 amily usage if of 03:07:56.600 --> 03:07:58.590 course we've talked about single-family not being 03:07:58.590 --> 03:08:00.879 mathematically feasible so why 03:08:00.879 --> 03:08:04.149 is it sat vacant for 20 years so I will say that I'll 03:08:04.149 --> 03:08:05.680 second this motion 03:08:05.680 --> 03:08:09.100 especially since that this is the next best option to 03:08:09.100 --> 03:08:10.639 create this plot of land 03:08:10.639 --> 03:08:15.299 and so they actually used by our citizens okay we have a 03:08:15.299 --> 03:08:16.200 first and a 03:08:16.200 --> 03:08:20.549 second Commissioner Beck thank you chair well before we 03:08:20.549 --> 03:08:20.959 vote on it yeah I'd like 03:08:20.959 --> 03:08:24.100 to comment and this is a tough vote it really is I don't 03:08:24.100 --> 03:08:25.399 disagree at all that 03:08:25.399 --> 03:08:29.159 the developers come in and has a good project is bending 03:08:29.159 --> 03:08:30.239 over backwards to 03:08:30.239 --> 03:08:32.989 accommodate the neighborhood and my heart goes out to mr. 03:08:32.989 --> 03:08:33.920 Hartman for having 03:08:33.920 --> 03:08:37.600 property that sit there for that long and having a tough 03:08:37.600 --> 03:08:39.479 time finding a good 03:08:39.479 --> 03:08:43.280 use for this that wouldn't negatively impact the 03:08:43.280 --> 03:08:44.299 neighborhood and I'm not 03:08:44.299 --> 03:08:51.069 sure that this project will but I lean on the side of going 03:08:51.069 --> 03:08:52.280 into a neighborhood 03:08:52.280 --> 03:08:57.180 in this manner with the depth that goes into it it encro 03:08:57.180 --> 03:08:58.819 aches deeper than 03:08:58.819 --> 03:09:02.819 anything I've seen the need for affordable housing is going 03:09:02.819 --> 03:09:03.959 to be diminished 03:09:03.959 --> 03:09:08.360 I still believe as it nibbles away and other people in that 03:09:08.360 --> 03:09:09.440 area sell off that 03:09:09.440 --> 03:09:13.860 property I think a code change of this sort sets a 03:09:13.860 --> 03:09:16.280 precedent for other 03:09:16.280 --> 03:09:19.420 commercial properties to come in and encroach on 03:09:19.420 --> 03:09:21.159 residential low-density 03:09:21.159 --> 03:09:23.940 neighborhoods like this and not only in that area but in 03:09:23.940 --> 03:09:25.079 other areas of the city 03:09:25.079 --> 03:09:29.639 and I worry about that and the opposition to to me still 03:09:29.639 --> 03:09:30.920 doesn't seem 03:09:30.920 --> 03:09:34.559 like it favors this I bet that's probably the biggest 03:09:34.559 --> 03:09:35.680 sticker for me I 03:09:35.680 --> 03:09:38.659 wish I had a better feel how the residents of this 03:09:38.659 --> 03:09:40.120 neighborhood really 03:09:40.120 --> 03:09:42.489 felt I'm not sure we've got that that's why I kind of 03:09:42.489 --> 03:09:43.799 encourage you know going 03:09:43.799 --> 03:09:47.750 back out one more time and getting people more involved in 03:09:47.750 --> 03:09:48.879 this and then if 03:09:48.879 --> 03:09:52.170 we had that kind of positive feedback I would have less of 03:09:52.170 --> 03:09:54.200 concern for this 03:09:54.200 --> 03:09:59.379 property shares the front part of it with an NRMU 12 where 03:09:59.379 --> 03:10:00.600 you can get some 03:10:00.600 --> 03:10:05.280 benefit out of it office space and serve that purpose 03:10:05.280 --> 03:10:07.159 without going too deep into 03:10:07.159 --> 03:10:13.559 the area but again the one thing that this will impact that 03:10:13.559 --> 03:10:14.520 residential 03:10:14.520 --> 03:10:17.739 housing doesn't or anything that looks like it is the infl 03:10:17.739 --> 03:10:19.159 ux of traffic comes 03:10:19.159 --> 03:10:21.209 in these are gonna be people that don't live there it's 03:10:21.209 --> 03:10:21.920 gonna be different 03:10:21.920 --> 03:10:25.280 people every day and I'm not sure it's gonna be all that 03:10:25.280 --> 03:10:27.239 bad so I would be more 03:10:27.239 --> 03:10:30.659 in favor of it if I felt like the neighborhood residents 03:10:30.659 --> 03:10:31.520 were more for 03:10:31.520 --> 03:10:36.909 this and we had a TIA that demonstrated the traffic wasn't 03:10:36.909 --> 03:10:37.719 gonna be the issue it 03:10:37.719 --> 03:10:41.559 is so I'm gonna I'm gonna vote against this before I 03:10:41.559 --> 03:10:43.280 recognize the next speaker 03:10:43.280 --> 03:10:46.440 I want a clarification from Commissioner Roselle and your 03:10:46.440 --> 03:10:47.479 motion for approval 03:10:47.479 --> 03:10:50.649 did you include or mean to include all of the restrictions 03:10:50.649 --> 03:10:51.760 that the applicant 03:10:51.760 --> 03:10:54.399 had presented for us yes it would include the overlay 03:10:54.399 --> 03:10:55.440 presented to us all 03:10:55.440 --> 03:10:58.399 of the all the restrictions here on the overlay provided in 03:10:58.399 --> 03:10:59.559 the backup or part 03:10:59.559 --> 03:11:03.299 of your motion yes don't need to restate my motion I don't 03:11:03.299 --> 03:11:04.360 think so we just want 03:11:04.360 --> 03:11:06.850 a clarification for staff and for the record that it did 03:11:06.850 --> 03:11:07.840 include all of these 03:11:07.840 --> 03:11:11.979 conditions yes so thank you for that and Commissioner Smith 03:11:11.979 --> 03:11:12.920 us and you are 03:11:12.920 --> 03:11:16.280 friendly to that clarification on your second okay 03:11:16.280 --> 03:11:18.479 Commissioner Ellis thank you 03:11:18.479 --> 03:11:22.959 so I'm just having a difficult time approving this I do 03:11:22.959 --> 03:11:25.079 appreciate Allison 03:11:25.079 --> 03:11:27.969 engineering groups great presentation and all the speakers 03:11:27.969 --> 03:11:29.040 I just can't 03:11:29.040 --> 03:11:33.319 discount the opposition that that I've read I can't 03:11:33.319 --> 03:11:34.360 discount the fact that it 03:11:34.360 --> 03:11:38.459 doesn't comply with a future land use I can't discount 03:11:38.459 --> 03:11:40.399 staff's expertise on this 03:11:40.399 --> 03:11:44.760 I love the earlier thought of a hybrid development on this 03:11:44.760 --> 03:11:46.000 where we cannot 03:11:46.000 --> 03:11:48.649 include those back three acres that encroaches so deeply 03:11:48.649 --> 03:11:49.079 into the 03:11:49.079 --> 03:11:51.440 neighborhood I would love to see this piece of land 03:11:51.440 --> 03:11:52.680 developed it needs to be 03:11:52.680 --> 03:11:56.450 developed I am very concerned about being developed as deep 03:11:56.450 --> 03:11:57.280 into a single 03:11:57.280 --> 03:12:00.639 family neighborhood we cannot regulate who is going to 03:12:00.639 --> 03:12:01.840 office there we can 03:12:01.840 --> 03:12:05.329 conceptualize it but we don't know what's going to be in 03:12:05.329 --> 03:12:06.559 those offices and 03:12:06.559 --> 03:12:14.399 where so with that I just don't think we've we've dealt 03:12:14.399 --> 03:12:14.719 with the 03:12:14.719 --> 03:12:17.479 incompatibility issue on that back piece of the land so I'm 03:12:17.479 --> 03:12:17.959 just not 03:12:17.959 --> 03:12:22.319 comfortable voting yes Commissioner Sullivan thank you 03:12:22.319 --> 03:12:23.840 chair I'm having an 03:12:23.840 --> 03:12:27.649 issue still understanding why you're gonna put more 03:12:27.649 --> 03:12:29.440 restrictions in the nr6 03:12:29.440 --> 03:12:35.520 has to begin with I just I can't get beyond that part of it 03:12:35.520 --> 03:12:37.200 and when I think 03:12:37.200 --> 03:12:39.850 of neighborhood restaurants and people walking to the 03:12:39.850 --> 03:12:41.040 restaurants I think of 03:12:41.040 --> 03:12:45.680 Locus Street now where we have a lot of neighborhood 03:12:45.680 --> 03:12:47.520 restaurants and I don't see 03:12:47.520 --> 03:12:50.760 anybody walking there because there's no place to park ever 03:12:50.760 --> 03:12:52.959 and so I don't know 03:12:52.959 --> 03:12:57.559 if that's if that's what is meant to be in a neighborhood 03:12:57.559 --> 03:12:59.079 and so what I see is 03:12:59.079 --> 03:13:03.260 commercial creep that soon we'll be hearing people across 03:13:03.260 --> 03:13:04.319 the street saying 03:13:04.319 --> 03:13:07.500 hey I want to sell my house and turn it into a an Italian 03:13:07.500 --> 03:13:08.840 restaurant or something 03:13:08.840 --> 03:13:12.360 I mean I just that's all I can see going in here and 03:13:12.360 --> 03:13:14.440 especially because of the 03:13:14.440 --> 03:13:18.540 restrictions that you all have agreed to that are more 03:13:18.540 --> 03:13:20.120 restrictive than the 03:13:20.120 --> 03:13:23.879 our six that it's zoned as now I just something is doesn't 03:13:23.879 --> 03:13:25.079 ring right to me so 03:13:25.079 --> 03:13:29.600 that's I can't support what y'all are requesting I mean 03:13:29.600 --> 03:13:30.760 under different 03:13:30.760 --> 03:13:33.319 circumstances it might be a great idea but I just can't do 03:13:33.319 --> 03:13:34.239 it the way it's been 03:13:34.239 --> 03:13:41.040 presented today okay Commissioner Sanchez I think you've 03:13:41.040 --> 03:13:41.479 done a great 03:13:41.479 --> 03:13:47.559 presentation on on why we should allow it and at first I 03:13:47.559 --> 03:13:49.840 was against it but I 03:13:49.840 --> 03:13:52.459 think the more I thought about it and the more I listened 03:13:52.459 --> 03:13:53.879 to you all I I 03:13:53.879 --> 03:13:57.370 changed my mind and the reason is I personally have an 03:13:57.370 --> 03:13:58.920 interest in that area 03:13:58.920 --> 03:14:02.920 and and like everybody else I've seen years and years where 03:14:02.920 --> 03:14:04.079 that lot has just 03:14:04.079 --> 03:14:09.670 sat there and and I don't think and across the street on on 03:14:09.670 --> 03:14:10.920 on Janey if you 03:14:10.920 --> 03:14:14.739 look at that was on the west side of Janey Street many of 03:14:14.739 --> 03:14:16.639 those houses are in 03:14:16.639 --> 03:14:20.239 really poor condition and I would think that one day 03:14:20.239 --> 03:14:22.239 somebody might buy those and 03:14:22.239 --> 03:14:25.790 maybe make make an offer make offices out of them but McKin 03:14:25.790 --> 03:14:26.920 ney Street is a very 03:14:26.920 --> 03:14:30.420 important because that area because it's close to the to 03:14:30.420 --> 03:14:31.959 the courthouse I think 03:14:31.959 --> 03:14:36.620 it's very important to like you mentioned is put offices in 03:14:36.620 --> 03:14:37.440 that area 03:14:37.440 --> 03:14:41.709 it's a big neighborhood so that's just those houses were 03:14:41.709 --> 03:14:44.799 built years ago the 03:14:44.799 --> 03:14:47.920 area has changed has changed drastically and I think we 03:14:47.920 --> 03:14:49.079 have to meet those 03:14:49.079 --> 03:14:51.280 changes and it's not going to hurt that neighborhood 03:14:51.280 --> 03:14:52.239 because that neighborhood 03:14:52.239 --> 03:14:57.219 overall is pretty good size I believe and so I'd like to 03:14:57.219 --> 03:14:59.000 say I'm with I support 03:14:59.000 --> 03:15:03.440 the project Commissioner Roseau thank you chair just wanted 03:15:03.440 --> 03:15:06.120 to respond or maybe 03:15:06.120 --> 03:15:11.159 bring up some points if I understood this correctly I 03:15:11.159 --> 03:15:13.040 believe I did the 03:15:13.040 --> 03:15:16.959 applicant held a community meeting which I don't think is 03:15:16.959 --> 03:15:18.239 required to do so they 03:15:18.239 --> 03:15:21.600 voluntarily had a community meeting based on the reaction 03:15:21.600 --> 03:15:22.280 when Commissioner 03:15:22.280 --> 03:15:24.430 Ellis asked if it was a good turnout or maybe it's 03:15:24.430 --> 03:15:26.000 Commissioner Sanchez asked 03:15:26.000 --> 03:15:27.729 is a good turnout the response I got it seemed to 03:15:27.729 --> 03:15:28.920 communicate to me that that is 03:15:28.920 --> 03:15:33.190 a great turnout for a community meeting they brought up 03:15:33.190 --> 03:15:35.040 eight items of concern 03:15:35.040 --> 03:15:38.879 that the applicant noted and brought to our presentation 03:15:38.879 --> 03:15:40.520 those eight items so I 03:15:40.520 --> 03:15:44.659 believe they listened to the concerns that the community 20 03:15:44.659 --> 03:15:45.760 plus brought out 03:15:45.760 --> 03:15:49.120 and responded to each of them and they even put a table on 03:15:49.120 --> 03:15:49.799 how they're gonna 03:15:49.799 --> 03:15:52.870 respond to each one of them and so it's hard for me to hear 03:15:52.870 --> 03:15:54.000 that we don't know 03:15:54.000 --> 03:15:57.420 what the community thinks because I don't know what more 03:15:57.420 --> 03:15:58.479 the applicant could 03:15:58.479 --> 03:16:01.700 have done or the Commission could have done and having this 03:16:01.700 --> 03:16:02.840 meeting tonight to 03:16:02.840 --> 03:16:06.590 acquire the opinions of the community they did acquire the 03:16:06.590 --> 03:16:07.639 opinions of the 03:16:07.639 --> 03:16:11.069 community that that desired to be vocal and they responded 03:16:11.069 --> 03:16:12.159 to all of them and 03:16:12.159 --> 03:16:18.239 answered all their concerns and so with that we also have 03:16:18.239 --> 03:16:20.680 looks like seven 03:16:20.680 --> 03:16:26.170 oppositions three from homeowners when including the people 03:16:26.170 --> 03:16:26.680 that were spoke 03:16:26.680 --> 03:16:28.829 tonight we have eight in favor so if we want to look at 03:16:28.829 --> 03:16:30.000 that there's more in 03:16:30.000 --> 03:16:35.719 favor than an opposition if we just look at respondents I 03:16:35.719 --> 03:16:37.280 want to be correct in 03:16:37.280 --> 03:16:45.079 me saying how many in favor in the response yes we have the 03:16:45.079 --> 03:16:45.520 applicants 03:16:45.520 --> 03:16:49.360 included yes so in total the people that we've gotten 03:16:49.360 --> 03:16:51.120 feedback from who decided 03:16:51.120 --> 03:16:55.000 to come here tonight and the responses mailed in are in 03:16:55.000 --> 03:16:57.959 favor and so the 03:16:57.959 --> 03:17:00.149 community issue that Commissioner Beck brought up I just it 03:17:00.149 --> 03:17:00.879 doesn't resonate 03:17:00.879 --> 03:17:04.239 with me considering the work that's been put in and then 03:17:04.239 --> 03:17:05.239 Christian Sullivan 03:17:05.239 --> 03:17:07.959 brought up the idea of he doesn't understand maybe 03:17:07.959 --> 03:17:09.120 understand the 03:17:09.120 --> 03:17:12.290 requirement of buddy putting the more restriction is so 03:17:12.290 --> 03:17:13.360 they cannot build 03:17:13.360 --> 03:17:17.290 offices in an R6 it's not possible they have to have a 03:17:17.290 --> 03:17:19.079 zoning change to build 03:17:19.079 --> 03:17:22.770 offices so that's why they're asking for a zoning change is 03:17:22.770 --> 03:17:23.639 they want to put an 03:17:23.639 --> 03:17:26.860 office instead of duplexes back there but with that 03:17:26.860 --> 03:17:28.239 restriction they can't put 03:17:28.239 --> 03:17:32.559 restaurants in the back that's prohibited by NRM U12 the 03:17:32.559 --> 03:17:33.000 restaurants 03:17:33.000 --> 03:17:37.250 could only go on the front MRM you so the zoning change is 03:17:37.250 --> 03:17:38.120 going to provide 03:17:38.120 --> 03:17:41.680 them the option to do offices only not restaurants back 03:17:41.680 --> 03:17:42.600 there the restaurants 03:17:42.600 --> 03:17:45.110 would be up on McKinney which McKinney area has a couple 03:17:45.110 --> 03:17:46.079 restaurants to the 03:17:46.079 --> 03:17:49.340 West but certainly none convenient for the individuals 03:17:49.340 --> 03:17:50.120 working at the courthouse 03:17:50.120 --> 03:17:55.420 or I just served jury duty and good luck finding food so 03:17:55.420 --> 03:17:58.280 that I understand what 03:17:58.280 --> 03:18:01.469 the need is in the community and so again I've already 03:18:01.469 --> 03:18:02.639 motion to approve 03:18:02.639 --> 03:18:06.159 this but I think there's a lot of good reasons for this 03:18:06.159 --> 03:18:07.639 Commission to send this 03:18:07.639 --> 03:18:12.139 forth to the council for approval Commissioner Ellis thank 03:18:12.139 --> 03:18:13.479 you chair okay 03:18:13.479 --> 03:18:17.239 so into in response to Commissioner Rozelle as far as 03:18:17.239 --> 03:18:18.840 requests and support I 03:18:18.840 --> 03:18:23.959 mean in favor of this I mean it's the broker for the 03:18:23.959 --> 03:18:25.239 property and the two in 03:18:25.239 --> 03:18:29.629 favor we're the property owner and an investor in the area 03:18:29.629 --> 03:18:30.760 so we have all 03:18:30.760 --> 03:18:34.590 opposition who as far as people who live there so nobody 03:18:34.590 --> 03:18:36.399 who lives there in the 03:18:36.399 --> 03:18:39.760 area is in favor we don't have any of that except for the 03:18:39.760 --> 03:18:40.879 one investor who 03:18:40.879 --> 03:18:44.420 lives in Lantana and bought his property this year also 03:18:44.420 --> 03:18:45.520 wanted to state that 03:18:45.520 --> 03:18:49.170 Commissioner Sanchez pointed out my concern beautifully 03:18:49.170 --> 03:18:50.520 when he said perhaps 03:18:50.520 --> 03:18:53.489 those properties on Janney Street will sell and become 03:18:53.489 --> 03:18:55.040 offices that's exactly 03:18:55.040 --> 03:18:58.590 the point I'm trying to illustrate not to necessarily make 03:18:58.590 --> 03:18:59.600 this lot single 03:18:59.600 --> 03:19:03.430 family homes but that the existing single-family homes that 03:19:03.430 --> 03:19:04.360 are affordable 03:19:04.360 --> 03:19:09.629 albeit not pretty but affordable either to rent or to own 03:19:09.629 --> 03:19:11.479 by encroaching like 03:19:11.479 --> 03:19:14.950 this with commercial property you absolutely introduce the 03:19:14.950 --> 03:19:15.639 demise of those 03:19:15.639 --> 03:19:20.309 single-family homes to become commercial property which is 03:19:20.309 --> 03:19:21.239 great if you're an 03:19:21.239 --> 03:19:25.489 investor owning one of those properties but not great to 03:19:25.489 --> 03:19:26.600 creating less 03:19:26.600 --> 03:19:32.680 single-family options in our city that's what we don't need 03:19:32.680 --> 03:19:33.000 here 03:19:33.239 --> 03:19:36.840 Commissioner Beck. Thank you Chair. I would just like to 03:19:36.840 --> 03:19:39.159 point out the obvious thing that we 03:19:39.159 --> 03:19:43.350 have parameters set for us through decisions made by 03:19:43.350 --> 03:19:45.040 citizens city staff 03:19:45.040 --> 03:19:47.569 and others that protect neighborhoods like this for a 03:19:47.569 --> 03:19:48.840 reason and it's to help 03:19:48.840 --> 03:19:51.899 guide growth if we dismiss these without deeper 03:19:51.899 --> 03:19:54.079 consideration about neighborhood 03:19:54.079 --> 03:19:57.879 consensus for such a change I think we do a disservice to 03:19:57.879 --> 03:19:59.520 the 2030 plan and the 03:19:59.520 --> 03:20:02.569 other efforts the future land use map and all those other 03:20:02.569 --> 03:20:04.319 things I again you 03:20:04.319 --> 03:20:08.010 know this is an excellent plan but it encroaches too much 03:20:08.010 --> 03:20:09.639 in my opinion and I 03:20:09.639 --> 03:20:12.399 just wish there was some other way we could work with the 03:20:12.399 --> 03:20:13.360 developer and the 03:20:13.360 --> 03:20:18.829 owner that would benefit us all but again the sense that we 03:20:18.829 --> 03:20:20.399 're going in here 03:20:20.399 --> 03:20:23.870 and I'm just not thoroughly convinced that the people who 03:20:23.870 --> 03:20:24.920 live in this area 03:20:24.920 --> 03:20:31.799 would thoroughly approve it. Commissioner Sanchez. I would 03:20:31.799 --> 03:20:32.959 just like I would just 03:20:32.959 --> 03:20:35.850 like to state that some of these older neighborhoods like 03:20:35.850 --> 03:20:36.899 that like the one on 03:20:36.899 --> 03:20:42.370 Janie especially on the west side of Janie Street a lot of 03:20:42.370 --> 03:20:43.840 those houses are 03:20:43.840 --> 03:20:46.729 pretty much falling apart and there I believe there it won 03:20:46.729 --> 03:20:47.479 't be long before 03:20:47.479 --> 03:20:51.799 those houses have to be replaced and those neighborhoods 03:20:51.799 --> 03:20:53.079 have to have they 03:20:53.079 --> 03:20:57.079 have to be renovated and some of this new ideas have to be 03:20:57.079 --> 03:20:58.440 brought into the 03:20:58.440 --> 03:21:01.069 neighborhoods and not just let them well this is the way it 03:21:01.069 --> 03:21:02.040 's been for 50 years 03:21:02.040 --> 03:21:05.639 or a hundred years because those those neighborhoods are 03:21:05.639 --> 03:21:06.479 going to deteriorate 03:21:06.479 --> 03:21:11.059 and that's why I think projects like this will help the 03:21:11.059 --> 03:21:13.799 neighborhood. Okay I'm 03:21:13.799 --> 03:21:15.969 going to call the question I don't see anybody else wishing 03:21:15.969 --> 03:21:16.680 to speak we have a 03:21:16.680 --> 03:21:21.399 first and a second before us for approval with all of the 03:21:21.399 --> 03:21:22.120 conditions as 03:21:22.120 --> 03:21:28.200 proposed by the applicant so I will call for a vote on the 03:21:28.200 --> 03:21:28.680 board. 03:21:41.959 --> 03:21:49.409 Motion carries four to three. We have one final item I don 03:21:49.409 --> 03:21:51.760 't know if folks want 03:21:51.760 --> 03:21:54.459 to stay or if they want to clear the room and if we need to 03:21:54.459 --> 03:21:55.239 take a break or 03:21:55.239 --> 03:21:58.600 if we want to try to press through our last item this 03:21:58.600 --> 03:22:00.639 evening. Okay we'll take a 03:22:00.639 --> 03:22:06.440 quick break at 850. 03:22:21.760 --> 03:22:34.840 Okay we are back from our break and we'll call us back into 03:22:34.840 --> 03:22:35.959 session at 9 03:22:35.959 --> 03:22:40.920 o'clock and at this time I'm going to reopen the public 03:22:40.920 --> 03:22:42.200 hearing for item C 03:22:42.200 --> 03:22:48.600 which is DCA 17-0010 and I believe Jim Jenks is going to 03:22:48.600 --> 03:22:48.920 make this 03:22:48.920 --> 03:22:55.440 presentation. Good evening this is a follow-up presentation 03:22:55.440 --> 03:22:56.440 to the one that I 03:22:56.440 --> 03:23:02.159 made a couple weeks ago and I will start by saying I will 03:23:02.159 --> 03:23:03.959 just very quickly 03:23:03.959 --> 03:23:10.989 recap what I presented on the 13th and then show the 03:23:10.989 --> 03:23:12.719 discuss the issues that 03:23:12.719 --> 03:23:16.700 came up questions that were raised and research that we've 03:23:16.700 --> 03:23:17.639 done and findings 03:23:17.639 --> 03:23:21.780 that we've come across. As you all know the city is in the 03:23:21.780 --> 03:23:23.040 process of a very 03:23:23.040 --> 03:23:29.120 thorough analysis reevaluation of our codes our criteria 03:23:29.120 --> 03:23:29.639 manuals our 03:23:29.639 --> 03:23:34.809 development processes and our processes to get into 03:23:34.809 --> 03:23:37.079 construction we are trying 03:23:37.079 --> 03:23:46.239 to update them streamline them make them just better as far 03:23:46.239 --> 03:23:48.079 as serving the 03:23:48.079 --> 03:23:50.340 development community while still protecting the city's 03:23:50.340 --> 03:23:51.440 interests this is 03:23:51.440 --> 03:23:57.159 a part of that effort. The objectives again what we're 03:23:57.159 --> 03:23:59.719 looking to do here we 03:23:59.719 --> 03:24:05.799 get frequent requests that we file plats earlier and I can 03:24:05.799 --> 03:24:07.280 talk about the 03:24:07.280 --> 03:24:10.530 particulars of that we think that this may be a way to 03:24:10.530 --> 03:24:13.879 achieve that also we get 03:24:13.879 --> 03:24:17.559 frequent requests from the development community to file 03:24:17.559 --> 03:24:18.719 plats prior to the 03:24:18.719 --> 03:24:23.840 developer having to enter a contract with a contractor and 03:24:23.840 --> 03:24:24.040 then 03:24:24.040 --> 03:24:28.750 also we're seeking to eliminate separate whole harmless 03:24:28.750 --> 03:24:30.920 agreements which would 03:24:30.920 --> 03:24:38.000 simplify the process and also as we discussed some a couple 03:24:38.000 --> 03:24:40.200 weeks ago this is 03:24:40.200 --> 03:24:45.149 to help us get into compliance with the section of the 03:24:45.149 --> 03:24:47.479 Texas local government 03:24:47.479 --> 03:24:52.409 code that that I've quoted here that states that the 03:24:52.409 --> 03:24:54.959 developer must execute a 03:24:54.959 --> 03:24:58.149 performance bond for the construction of the improvements 03:24:58.149 --> 03:24:59.440 to ensure completion of 03:24:59.440 --> 03:25:03.739 the project. Right now while the developer is one of the 03:25:03.739 --> 03:25:04.319 three parties 03:25:04.319 --> 03:25:07.889 named in our what we call our three-way development 03:25:07.889 --> 03:25:09.680 contracts it's almost always 03:25:09.680 --> 03:25:16.479 the contractor who is named on the bond. This is our 03:25:16.479 --> 03:25:20.319 current process if you can 03:25:20.319 --> 03:25:27.309 see here the point at which we can current and this is this 03:25:27.309 --> 03:25:28.840 is per the way 03:25:28.840 --> 03:25:33.809 our development code is currently written we cannot file 03:25:33.809 --> 03:25:35.520 the plat until the 03:25:35.520 --> 03:25:41.600 developer has got his plat approved by PNZ and has executed 03:25:41.600 --> 03:25:42.239 the three-way 03:25:42.239 --> 03:25:48.049 development contract with the city and his contractor. Also 03:25:48.049 --> 03:25:49.559 I have shown on here 03:25:49.559 --> 03:25:53.659 following that stage following that step is when they can 03:25:53.659 --> 03:25:54.520 get their whole 03:25:54.520 --> 03:25:58.659 harmless agreement executed and by whole harmless agreement 03:25:58.659 --> 03:26:00.319 I'll explain that 03:26:00.319 --> 03:26:04.719 basically our code stipulates that no private improvements 03:26:04.719 --> 03:26:06.360 construction can be 03:26:06.360 --> 03:26:10.760 started before all the public improvements that are 03:26:10.760 --> 03:26:11.959 associated with a 03:26:11.959 --> 03:26:17.319 development project have been completed. Our code does 03:26:17.319 --> 03:26:19.559 allow in the case of 03:26:19.559 --> 03:26:25.760 multifamily or commercial it does or industrial it does 03:26:25.760 --> 03:26:28.600 allow a developer to 03:26:28.600 --> 03:26:32.649 enter into a whole harmless agreement basically allowing 03:26:32.649 --> 03:26:34.120 concurrent private 03:26:34.120 --> 03:26:37.989 and public improvements construction. The agreement 03:26:37.989 --> 03:26:40.600 basically which is signed and 03:26:40.600 --> 03:26:45.590 filed at the county basically formalizes that the developer 03:26:45.590 --> 03:26:46.520 will hold the city 03:26:46.520 --> 03:26:51.829 harmless if we were to hold withhold a CEO certificate of 03:26:51.829 --> 03:26:54.319 occupancy because his 03:26:54.319 --> 03:27:00.069 public improvements have not been completed. What we are 03:27:00.069 --> 03:27:01.840 looking at moving 03:27:01.840 --> 03:27:07.920 toward is basically splitting our current three-way 03:27:07.920 --> 03:27:09.440 development agreement 03:27:09.440 --> 03:27:15.520 into two-way development agreements. One being between the 03:27:15.520 --> 03:27:16.680 city and the 03:27:16.680 --> 03:27:24.760 developer after which we could file the plat. The next one 03:27:24.760 --> 03:27:28.319 you can see filing we 03:27:28.319 --> 03:27:31.229 think we would be able to file that plat much sooner 03:27:31.229 --> 03:27:33.479 several weeks sooner than we 03:27:33.479 --> 03:27:37.579 would if we were to hold plat filing till the developer 03:27:37.579 --> 03:27:39.840 entered into an agreement 03:27:39.840 --> 03:27:42.799 with a contractor. What we would propose is having a 03:27:42.799 --> 03:27:44.319 separate agreement between 03:27:44.319 --> 03:27:49.079 the contractor and the city after which we can have the pre 03:27:49.079 --> 03:27:49.639 -construction 03:27:49.639 --> 03:27:54.829 meetings and get into construction. So that's a recap of 03:27:54.829 --> 03:27:56.760 what we've discussed 03:27:56.760 --> 03:28:00.920 before and so there are some very good questions raised by 03:28:00.920 --> 03:28:02.239 the commissioners at 03:28:02.239 --> 03:28:05.860 the last meeting as well as by the public and I'll list 03:28:05.860 --> 03:28:07.079 some of them here. 03:28:07.079 --> 03:28:13.420 What is a developer's capacity to get bonded? Contractors 03:28:13.420 --> 03:28:14.840 typically do. 03:28:14.840 --> 03:28:18.670 Developers you know there's often smaller entities how 03:28:18.670 --> 03:28:20.200 likely are they able to get 03:28:20.200 --> 03:28:25.930 a bond. What do other cities require and could there be 03:28:25.930 --> 03:28:28.639 guarantees issued to the 03:28:28.639 --> 03:28:33.190 developer and contractors such that the related expense of 03:28:33.190 --> 03:28:34.200 the bond or the 03:28:34.200 --> 03:28:38.450 guarantee is not doubled so it's not redundant because that 03:28:38.450 --> 03:28:38.879 can be an 03:28:38.879 --> 03:28:44.510 appreciable cost. Also would the city consider allowing 03:28:44.510 --> 03:28:45.680 single-family 03:28:45.680 --> 03:28:49.329 residential i.e. houses to be constructed prior to 03:28:49.329 --> 03:28:51.360 completion of the related 03:28:51.360 --> 03:28:56.299 public improvements i.e. would we be willing to issue a 03:28:56.299 --> 03:28:57.319 hold harmless agreement 03:28:57.319 --> 03:29:01.010 for single-family residential as we do for other 03:29:01.010 --> 03:29:03.879 development types. We've done 03:29:03.879 --> 03:29:08.709 quite a bit of research since our last meeting and it's 03:29:08.709 --> 03:29:10.399 still ongoing but we've 03:29:10.399 --> 03:29:13.959 done quite a bit thus far. We've contacted about eight sure 03:29:13.959 --> 03:29:15.600 ty companies, 03:29:15.600 --> 03:29:19.930 various agents, vice presidents of companies got a lot of 03:29:19.930 --> 03:29:20.559 good information 03:29:20.559 --> 03:29:24.709 from them. We've contacted at least nine cities throughout 03:29:24.709 --> 03:29:25.680 the Metroplex and 03:29:25.680 --> 03:29:32.989 Texas and what the surety companies have told us there are 03:29:32.989 --> 03:29:35.040 cases such as the one 03:29:35.040 --> 03:29:41.250 I mentioned a couple weeks ago at our meeting. We do hear 03:29:41.250 --> 03:29:42.959 of cases in 03:29:42.959 --> 03:29:50.670 which sureties issue performance bonds to developers. That 03:29:50.670 --> 03:29:51.799 seems to be less 03:29:51.799 --> 03:29:56.940 common than the case of them issuing those bonds to 03:29:56.940 --> 03:30:00.319 contractors. Basically for 03:30:00.319 --> 03:30:04.600 a surety to issue a performance bond to a developer they 03:30:04.600 --> 03:30:05.920 typically require that 03:30:05.920 --> 03:30:10.719 the developer signs personally. In other words not as a 03:30:10.719 --> 03:30:13.639 newly formed LLC. They've 03:30:13.639 --> 03:30:19.739 got to demonstrate a good fiscal track record. We are 03:30:19.739 --> 03:30:22.200 finding, well we're 03:30:22.200 --> 03:30:25.840 finding from cities and from the surety companies, many 03:30:25.840 --> 03:30:26.959 cities are now 03:30:26.959 --> 03:30:30.770 allowing developers to provide a fiscal guarantee in a form 03:30:30.770 --> 03:30:31.760 other than the 03:30:31.760 --> 03:30:36.020 performance bond. For example in the form of the irrevoc 03:30:36.020 --> 03:30:37.280 able letter of credit from 03:30:37.280 --> 03:30:42.219 a bank or what some cities call a subdivision and 03:30:42.219 --> 03:30:43.319 maintenance bond which 03:30:43.319 --> 03:30:46.950 is similar to performance bonds just names the developer or 03:30:46.950 --> 03:30:47.600 an escrow 03:30:47.600 --> 03:30:51.559 agreement where they put up the money and it's held in 03:30:51.559 --> 03:30:53.520 third-party escrow and 03:30:53.520 --> 03:30:56.639 some many of the sureties actually recommend that the 03:30:56.639 --> 03:30:58.959 cities require that 03:30:58.959 --> 03:31:03.639 the developer provides such a guarantee and they are more 03:31:03.639 --> 03:31:05.239 readily available to 03:31:05.239 --> 03:31:10.750 developers than performance bonds are. That's and that's 03:31:10.750 --> 03:31:12.399 not to say that every 03:31:12.399 --> 03:31:18.479 developer would be able to acquire every such guarantee but 03:31:18.479 --> 03:31:20.079 they they have a 03:31:20.079 --> 03:31:23.340 better chance many of them especially the smaller ones or 03:31:23.340 --> 03:31:24.799 the newer ones have 03:31:24.799 --> 03:31:28.719 more access to these types of alternative guarantees than a 03:31:28.719 --> 03:31:29.239 performance 03:31:29.239 --> 03:31:35.319 bonds. And as far as the feedback we got from other cities 03:31:35.319 --> 03:31:36.840 it's kind of interesting 03:31:36.840 --> 03:31:44.399 there there is no sort of typical sequence or procedure or 03:31:44.399 --> 03:31:46.200 protocol that 03:31:46.200 --> 03:31:49.840 we have encountered. The requirements can vary quite a bit 03:31:49.840 --> 03:31:51.399 from city to city. 03:31:51.399 --> 03:31:55.649 For instance some cities will not file the plat until the 03:31:55.649 --> 03:31:56.760 developer has 03:31:56.760 --> 03:32:03.219 constructed all Israeli public improvements. Some cities do 03:32:03.219 --> 03:32:04.000 not require 03:32:04.000 --> 03:32:07.299 development contracts at all they just simply require the 03:32:07.299 --> 03:32:08.440 developer puts up a 03:32:08.440 --> 03:32:12.579 bond. We're not recommending Denton go down that path but 03:32:12.579 --> 03:32:13.719 it's just kind of 03:32:13.719 --> 03:32:18.709 interesting how different some cities are from each other. 03:32:18.709 --> 03:32:20.680 Many do in our 03:32:20.680 --> 03:32:22.770 research we found many of these cities do offer these 03:32:22.770 --> 03:32:23.959 options that I mentioned 03:32:23.959 --> 03:32:30.040 as to what form the developer guarantee takes. 03:32:30.040 --> 03:32:34.879 Performance bond or subdivision development bond, letter of 03:32:34.879 --> 03:32:36.520 credit, escrow 03:32:36.520 --> 03:32:41.989 account and there's others. There's a couple notable 03:32:41.989 --> 03:32:43.959 examples that I wanted to 03:32:43.959 --> 03:32:52.000 share because they are they are from cities that have some 03:32:52.000 --> 03:32:52.879 some policies that 03:32:52.879 --> 03:32:57.739 are similar to what we're exploring and we're trying to 03:32:57.739 --> 03:32:59.600 make we're hoping could 03:32:59.600 --> 03:33:03.450 work here in Denton and trying to Institute. One is 03:33:03.450 --> 03:33:05.680 Georgetown it's a 03:33:05.680 --> 03:33:08.379 smaller city than Denton but it's growing very quickly and 03:33:08.379 --> 03:33:09.120 the other is 03:33:09.120 --> 03:33:13.219 San Antonio a large city. Georgetown in the Austin area 03:33:13.219 --> 03:33:14.799 they allow the plat to 03:33:14.799 --> 03:33:18.159 be filed prior to the completion of public improvements 03:33:18.159 --> 03:33:20.239 once a fiscal surety 03:33:20.239 --> 03:33:25.399 has been issued. So that can be not just the performance 03:33:25.399 --> 03:33:26.520 bond board that could be 03:33:26.520 --> 03:33:30.049 a trust agreement which I believe is similar to an escrow 03:33:30.049 --> 03:33:30.840 agreement. 03:33:30.840 --> 03:33:35.860 Irrevocable letter of credit or like as I mentioned 03:33:35.860 --> 03:33:40.479 performance bond. This one 03:33:40.479 --> 03:33:46.979 issue or concern or request that was stated at the last 03:33:46.979 --> 03:33:49.319 meeting was would 03:33:49.319 --> 03:33:55.610 there be a way in which the lot home lots could be sold 03:33:55.610 --> 03:33:57.040 this could could this 03:33:57.040 --> 03:33:59.430 be structured such that home lots could be sold prior to 03:33:59.430 --> 03:34:00.399 completion of public 03:34:00.399 --> 03:34:04.879 improvements and this would help facilitate that. In San 03:34:04.879 --> 03:34:07.600 Antonio they 03:34:07.600 --> 03:34:10.399 won't approve the plat until the developer signs the 03:34:10.399 --> 03:34:12.360 performance agreement. 03:34:12.360 --> 03:34:15.659 It's a it's just a short three page agreement and again it 03:34:15.659 --> 03:34:16.239 's by the 03:34:16.239 --> 03:34:19.209 developer and it ensures that they complete the public 03:34:19.209 --> 03:34:21.840 improvements. They 03:34:21.840 --> 03:34:25.489 will allow for an approved plat to be filed before the 03:34:25.489 --> 03:34:27.159 public improvements are 03:34:27.159 --> 03:34:29.940 completed if the developer provides his guarantee within 03:34:29.940 --> 03:34:30.920 three years of plat 03:34:30.920 --> 03:34:34.649 approval. So again that's and they like Georgetown and 03:34:34.649 --> 03:34:36.479 others allow options 03:34:36.479 --> 03:34:40.719 performance bonds, irrevocable trust agreement, 03:34:40.719 --> 03:34:45.319 standby letter of credit, cashier's check being some 03:34:45.319 --> 03:34:48.079 examples. And they 03:34:48.079 --> 03:34:56.340 informed us that they they get the developers that they 03:34:56.340 --> 03:34:57.600 deal with they 03:34:57.600 --> 03:35:01.200 find that about half the time the developers prefer to the 03:35:01.200 --> 03:35:01.879 defer the 03:35:01.879 --> 03:35:07.280 construction a little bit and but are anxious to get the 03:35:07.280 --> 03:35:09.200 plat filed and I 03:35:09.200 --> 03:35:13.120 think mainly that's for two reasons. One is because often a 03:35:13.120 --> 03:35:14.600 developers financing 03:35:14.600 --> 03:35:19.659 is tied to the milestone of plat approval or plat filing 03:35:19.659 --> 03:35:22.040 and then also in 03:35:22.040 --> 03:35:28.969 many cases they would like to start selling lots that are 03:35:28.969 --> 03:35:31.719 that are planted. 03:35:31.719 --> 03:35:41.200 So basically I wanted to I propose coming back to you one 03:35:41.200 --> 03:35:42.280 more time if that 03:35:42.280 --> 03:35:46.530 would be all right on October 11th so maybe we could I 03:35:46.530 --> 03:35:48.040 suggest a continuance 03:35:48.040 --> 03:35:52.520 tonight. I wanted to give you a high-level 03:35:53.000 --> 03:35:58.420 presentation on responses to your questions what we found 03:35:58.420 --> 03:35:59.879 in our research 03:35:59.879 --> 03:36:06.520 in a nutshell we do our findings are such that I think we 03:36:06.520 --> 03:36:08.840 can I think we can 03:36:08.840 --> 03:36:11.819 and should continue on the path we're on as far as what we 03:36:11.819 --> 03:36:12.959 're looking to do it 03:36:12.959 --> 03:36:18.340 does appear to be feasible. We will be working very closely 03:36:18.340 --> 03:36:19.479 with legal and 03:36:19.479 --> 03:36:25.690 others as we finalize this and the actual contract and bond 03:36:25.690 --> 03:36:26.760 forms are 03:36:26.760 --> 03:36:32.840 prepared and revised and I I would ask that I be able to 03:36:32.840 --> 03:36:33.879 make one more 03:36:33.879 --> 03:36:37.069 presentation to you in another continuance to the public 03:36:37.069 --> 03:36:37.959 hearing at the 03:36:37.959 --> 03:36:46.319 October 11th meeting. One other issue or question I wanted 03:36:46.319 --> 03:36:47.719 to address or perhaps 03:36:47.719 --> 03:36:50.940 more than anything tonight just discuss and explore a bit 03:36:50.940 --> 03:36:52.879 more is there was a 03:36:52.879 --> 03:36:57.459 there's a question from from the PNZ at the last at the 03:36:57.459 --> 03:36:59.760 last meeting about or a 03:36:59.760 --> 03:37:05.030 request that we consider in our amending in our process of 03:37:05.030 --> 03:37:07.079 amending the code that 03:37:07.079 --> 03:37:12.790 we consider allowing or issuing hold harmless agreements 03:37:12.790 --> 03:37:13.520 again that's the 03:37:13.520 --> 03:37:18.440 allowing the simultaneous private and public improvements 03:37:18.440 --> 03:37:20.760 to be constructed 03:37:20.760 --> 03:37:24.319 for single-family residential which is currently the type 03:37:24.319 --> 03:37:25.440 of development we 03:37:25.440 --> 03:37:29.069 don't allow it for per our code. I've discussed that some 03:37:29.069 --> 03:37:30.479 here internally with 03:37:30.479 --> 03:37:34.299 our managers in our building inspections department in our 03:37:34.299 --> 03:37:34.959 public works 03:37:34.959 --> 03:37:39.059 inspection department it hasn't been has it doesn't seem 03:37:39.059 --> 03:37:40.200 like it's been a 03:37:40.200 --> 03:37:45.909 request that we receive frequently but I wanted to hear in 03:37:45.909 --> 03:37:47.440 our public hearing 03:37:47.440 --> 03:37:51.129 maybe can request that we open up for a little more 03:37:51.129 --> 03:37:54.360 discussion tonight as to what 03:37:54.360 --> 03:38:01.120 the concerns are there or what what is hoped to be achieved 03:38:01.120 --> 03:38:04.200 . I'll take the help 03:38:04.200 --> 03:38:11.110 in the room. My question was just simply in bringing this 03:38:11.110 --> 03:38:12.159 question up is we allow 03:38:12.159 --> 03:38:15.629 it in other applications we allow it in commercial projects 03:38:15.629 --> 03:38:16.120 we allow it 03:38:16.120 --> 03:38:18.959 multifamily and the question is why don't we allow it in 03:38:18.959 --> 03:38:19.360 single-family 03:38:19.360 --> 03:38:24.989 residential. I think there was some initial conversation 03:38:24.989 --> 03:38:26.440 about the timing of 03:38:26.440 --> 03:38:29.870 it and and I think it if it's going to be considered it 03:38:29.870 --> 03:38:30.760 would be under and 03:38:30.760 --> 03:38:33.229 fall under the same exact rules that it applies with 03:38:33.229 --> 03:38:34.719 commercial and multifamily 03:38:34.719 --> 03:38:39.479 is until the streets or concrete or asphalt whatever they 03:38:39.479 --> 03:38:41.079 are just like with 03:38:41.079 --> 03:38:44.440 multifamily and commercial you can't go out there and begin 03:38:44.440 --> 03:38:45.319 doing construction 03:38:45.319 --> 03:38:49.370 that it's a fire ingress egress fire marshal type of an 03:38:49.370 --> 03:38:51.319 issue and it just 03:38:51.319 --> 03:38:54.319 looks to me like there's an opportunity if the city is open 03:38:54.319 --> 03:38:55.280 to that and feels 03:38:55.280 --> 03:38:59.559 comfortable with it that as residential subdivisions are 03:38:59.559 --> 03:39:00.600 finishing up just like 03:39:00.600 --> 03:39:04.579 with commercial and multifamily developments that there 03:39:04.579 --> 03:39:05.360 would be an 03:39:05.360 --> 03:39:08.950 opportunity for the builders that are going to be building 03:39:08.950 --> 03:39:10.040 those homes to come 03:39:10.040 --> 03:39:12.629 in and pull permits and begin construction while you're 03:39:12.629 --> 03:39:13.319 finishing up 03:39:13.319 --> 03:39:18.059 the last items that are on the punch list for substantial 03:39:18.059 --> 03:39:20.399 completion the city 03:39:20.399 --> 03:39:23.579 gets all the funds for the building permits all the impact 03:39:23.579 --> 03:39:24.159 fees upon 03:39:24.159 --> 03:39:28.620 permitting so instead of the city having to wait another 03:39:28.620 --> 03:39:30.639 number of months for 03:39:30.639 --> 03:39:34.840 those substantial completion punch list to be completed 03:39:34.840 --> 03:39:36.360 permits can be issued 03:39:36.360 --> 03:39:40.610 city collects the fees the revenue builders get started the 03:39:40.610 --> 03:39:41.239 homes aren't 03:39:41.239 --> 03:39:44.920 ready to be occupied typically for four to six months 03:39:44.920 --> 03:39:46.120 construction depending on 03:39:46.120 --> 03:39:48.819 what time you know how large the home is and how long it 03:39:48.819 --> 03:39:50.799 takes to build it so it 03:39:50.799 --> 03:39:53.489 just seemed like it's a little bit of an efficiency area 03:39:53.489 --> 03:39:54.680 that we could take a 03:39:54.680 --> 03:39:59.850 look at that city gets revenue sooner homes start being 03:39:59.850 --> 03:40:02.040 built sooner and you 03:40:02.040 --> 03:40:05.329 have a time frame instead of residential dirt is sitting 03:40:05.329 --> 03:40:06.600 there trying to get 03:40:06.600 --> 03:40:09.159 completed before you can ever begin and then you've got a 03:40:09.159 --> 03:40:10.040 four or six month 03:40:10.040 --> 03:40:14.180 construction period to even ask for a final inspection or 03:40:14.180 --> 03:40:15.559 CEO that some of that 03:40:15.559 --> 03:40:19.290 can be done concurrently so it was just a question because 03:40:19.290 --> 03:40:20.319 I know we allow it in 03:40:20.319 --> 03:40:24.520 other areas is if there was a particular concern or reason 03:40:24.520 --> 03:40:26.760 why single family is 03:40:26.760 --> 03:40:30.639 singled out and not allowed to do that when we allow it in 03:40:30.639 --> 03:40:32.239 other places as long 03:40:32.239 --> 03:40:35.610 as under the same rules as far as fire safety and access 03:40:35.610 --> 03:40:36.840 and all those same 03:40:36.840 --> 03:40:39.959 types of things that have to be in place for commercial and 03:40:39.959 --> 03:40:41.159 multifamily so it was 03:40:41.159 --> 03:40:44.590 more of a question and a suggestion looking at all parties 03:40:44.590 --> 03:40:45.639 involved city 03:40:45.639 --> 03:40:50.950 revenue piece of it developer home builder as to how those 03:40:50.950 --> 03:40:52.760 things might be 03:40:52.760 --> 03:40:56.739 looked at from an efficiency standpoint is how can we make 03:40:56.739 --> 03:40:58.200 it more efficient and 03:40:58.200 --> 03:41:01.360 it's still a win-win for everybody that was my point in 03:41:01.360 --> 03:41:02.719 bringing it up thank you 03:41:02.719 --> 03:41:06.479 chairman that's that's very helpful we will we will 03:41:06.479 --> 03:41:08.440 continue to explore that 03:41:08.440 --> 03:41:13.709 internally and report back to you to the Commission on that 03:41:13.709 --> 03:41:16.200 I think our initial 03:41:16.200 --> 03:41:20.590 thought or I guess the thing that first comes to mind is 03:41:20.590 --> 03:41:22.719 thinking of say a 03:41:22.719 --> 03:41:26.190 subdivision a large subdivision with a network of streets 03:41:26.190 --> 03:41:27.479 and our utilities are 03:41:27.479 --> 03:41:31.579 under the streets that typically typically the sequence of 03:41:31.579 --> 03:41:32.600 construction 03:41:32.600 --> 03:41:35.719 for the public improvements would typically be the grading 03:41:35.719 --> 03:41:36.399 of the streets 03:41:36.399 --> 03:41:40.000 the utility installation the then the pouring of the 03:41:40.000 --> 03:41:41.760 streets and the curing of 03:41:41.760 --> 03:41:48.399 the streets and not and fairly in fairly soon after that 03:41:48.399 --> 03:41:50.079 the project would 03:41:50.079 --> 03:41:54.559 typically be accepted but I understand your point about 03:41:54.559 --> 03:41:56.440 there is always with 03:41:56.440 --> 03:42:02.520 every project a time period of sort of finish up takes 03:42:02.520 --> 03:42:04.040 longer for some yeah 03:42:04.040 --> 03:42:08.600 longer than everyone wants I realize that and in that time 03:42:08.600 --> 03:42:09.799 being that the 03:42:09.799 --> 03:42:15.879 streets are be poured and cured and everything just I you 03:42:15.879 --> 03:42:16.719 know I could see 03:42:16.719 --> 03:42:21.120 how this the lots could be accessed for private 03:42:21.120 --> 03:42:22.440 construction so we will continue 03:42:22.440 --> 03:42:25.329 to explore that and get back to you and again I appreciate 03:42:25.329 --> 03:42:26.399 the clarification 03:42:26.399 --> 03:42:30.719 thanks for entertaining the question and doing some 03:42:30.719 --> 03:42:34.159 research on it the next steps 03:42:34.159 --> 03:42:39.620 for for the staff is to generate the revised development 03:42:39.620 --> 03:42:42.000 contract forms and 03:42:42.000 --> 03:42:46.450 related bond forms or forms of the guarantee I'll be 03:42:46.450 --> 03:42:47.399 working with closely 03:42:47.399 --> 03:42:52.840 with legal department as we as we finalize those and to 03:42:52.840 --> 03:42:54.479 decide upon the 03:42:54.479 --> 03:42:57.389 allowable forms the guarantee would we allow all the 03:42:57.389 --> 03:42:59.000 options that mentioned that 03:42:59.000 --> 03:43:04.270 that other cities allow that's something we'll be looking 03:43:04.270 --> 03:43:07.200 at in depth and then as 03:43:07.200 --> 03:43:10.040 I mentioned we will be presenting that at a future public 03:43:10.040 --> 03:43:10.639 hearing they'll be 03:43:10.639 --> 03:43:15.860 you know the one on anticipating on the 11th for PNC we 03:43:15.860 --> 03:43:16.799 have one that's 03:43:16.799 --> 03:43:22.299 currently been advertised on October 17th for City Council 03:43:22.299 --> 03:43:23.920 that's the extent 03:43:23.920 --> 03:43:27.739 of my presentation I'd be happy to answer any further 03:43:27.739 --> 03:43:29.319 questions 03:43:31.000 --> 03:43:35.739 okay well I know we're gonna need to get a motion on the 03:43:35.739 --> 03:43:37.159 floor and I just make a 03:43:37.159 --> 03:43:42.790 quick comment before we get a motion I'm like the fact that 03:43:42.790 --> 03:43:44.680 city staff has taken 03:43:44.680 --> 03:43:50.149 a look of adding flexibility I think that's a great 03:43:50.149 --> 03:43:51.799 attribute that we should 03:43:51.799 --> 03:43:55.459 take a look at is trying to figure out ways and giving 03:43:55.459 --> 03:43:57.760 people options to be to 03:43:57.760 --> 03:44:01.409 meet and be compliant with our code rather than there's one 03:44:01.409 --> 03:44:02.440 way that you can 03:44:02.440 --> 03:44:06.840 do it because one way doesn't work for every project and so 03:44:06.840 --> 03:44:08.399 I want to come in 03:44:08.399 --> 03:44:11.690 staff or take a look at the options and doing the research 03:44:11.690 --> 03:44:12.920 and trying to come up 03:44:12.920 --> 03:44:17.870 with a plan that's not a one-size-fits-all that gives 03:44:17.870 --> 03:44:18.559 people some 03:44:18.559 --> 03:44:22.299 flexibility and some opportunity to look at other ways to 03:44:22.299 --> 03:44:23.799 meet our code so I 03:44:23.799 --> 03:44:27.700 appreciate the effort because I think that's the direction 03:44:27.700 --> 03:44:28.639 that our city 03:44:28.639 --> 03:44:32.920 should go in is finding ways to be creative and flexibility 03:44:32.920 --> 03:44:34.040 in working with 03:44:34.040 --> 03:44:37.569 the development community just to be able to make some of 03:44:37.569 --> 03:44:38.760 these projects go 03:44:38.760 --> 03:44:41.870 a little smoother get done quicker less costly for people 03:44:41.870 --> 03:44:43.120 and then there's more 03:44:43.120 --> 03:44:46.100 room sometimes in those projects to provide amenities to 03:44:46.100 --> 03:44:48.200 our city versus 03:44:48.200 --> 03:44:51.579 some of those opportunities get lost because of ineffic 03:44:51.579 --> 03:44:52.360 iencies and 03:44:52.360 --> 03:44:57.149 additional cost that that money could be better used it 03:44:57.149 --> 03:44:59.159 benefits other parties 03:44:59.159 --> 03:45:04.450 and specifically the city that those funds get freed up so 03:45:04.450 --> 03:45:05.719 with that I'm 03:45:05.719 --> 03:45:09.819 gonna look for a motion for continuance Commissioner Smith 03:45:09.819 --> 03:45:11.159 thank you chair thank 03:45:11.159 --> 03:45:13.129 you mr. Jinks for your presentation and thank you for the 03:45:13.129 --> 03:45:13.879 hard work on this I 03:45:13.879 --> 03:45:17.459 make a motion to accept the request for the city staff for 03:45:17.459 --> 03:45:18.739 a continuance on the 03:45:18.739 --> 03:45:24.010 subject to the October 11th P&Z meeting okay commissioner 03:45:24.010 --> 03:45:27.159 back approved second 03:45:29.040 --> 03:45:34.799 we we have a first and a second for continuance to October 03:45:34.799 --> 03:45:36.680 11th seeing no 03:45:36.680 --> 03:45:41.829 further discussion we'll call for a vote on board the 03:45:41.829 --> 03:45:49.200 motion to continue carry 03:45:49.200 --> 03:45:53.709 seven to zero that will take us to our final item this 03:45:53.709 --> 03:45:55.979 evening our project 03:45:55.979 --> 03:46:04.700 matrix mr. chair yes I just want to keep can we get a 03:46:04.700 --> 03:46:05.879 clarification in the 03:46:05.879 --> 03:46:09.750 minutes that it's not a motion to approve as stated on the 03:46:09.750 --> 03:46:10.739 agenda it's a 03:46:10.739 --> 03:46:14.500 motion to approve the continuance and we'll have to modify 03:46:14.500 --> 03:46:15.559 that in the minute 03:46:15.559 --> 03:46:21.309 okay thank you legal for the clarification commissioner 03:46:21.309 --> 03:46:22.799 Ellis thank 03:46:22.799 --> 03:46:25.739 you chair we're on the matrix right yes okay thank you that 03:46:25.739 --> 03:46:28.500 's what I figured so 03:46:28.500 --> 03:46:30.930 I'm just gonna be a broken record and talk about signage 03:46:30.930 --> 03:46:31.440 and these 03:46:31.440 --> 03:46:37.040 notifications and that did we change anything I mean when I 03:46:37.040 --> 03:46:38.600 drove by the lot 03:46:38.600 --> 03:46:42.350 that we had a lot of discussion on today on Janney Street 03:46:42.350 --> 03:46:43.479 there was no sign 03:46:43.479 --> 03:46:46.840 anywhere on that piece of property that talked about a 03:46:46.840 --> 03:46:48.079 public hearing for a 03:46:48.079 --> 03:46:51.950 zoning change with regard to the property on McKinney still 03:46:51.950 --> 03:46:52.639 the teeny 03:46:52.639 --> 03:46:55.780 tiny little sign that you can't read so where are we 03:46:55.780 --> 03:46:58.079 particularly with creating 03:46:58.079 --> 03:47:01.610 some kind of a notice on this property that can be read 03:47:01.610 --> 03:47:03.280 when you're going 50 03:47:03.280 --> 03:47:09.000 miles an hour down a road I'll address that sure the 03:47:09.000 --> 03:47:11.399 schedule is starting on 03:47:11.399 --> 03:47:17.120 October 1st we went to City Council and we adopted an 03:47:17.120 --> 03:47:19.479 ordinance to adjust the 03:47:19.479 --> 03:47:23.680 fee so that was first and then with that we wanted to 03:47:23.680 --> 03:47:25.799 market the fee change and 03:47:25.799 --> 03:47:31.219 also the sign posting new sign size and where they posted 03:47:31.219 --> 03:47:32.639 as well so we can do 03:47:32.639 --> 03:47:36.299 that concurrently with the sign ordinance that was just 03:47:36.299 --> 03:47:37.159 passed or the 03:47:37.159 --> 03:47:41.129 fee ordinance that was just passed so starting October 1st 03:47:41.129 --> 03:47:42.239 we see new signs 03:47:42.239 --> 03:47:44.809 this we have to do something right so we right now we're 03:47:44.809 --> 03:47:46.440 currently advertising 03:47:46.440 --> 03:47:49.649 this to applicants so that they know in advance and so that 03:47:49.649 --> 03:47:50.600 they're not caught 03:47:50.600 --> 03:47:53.629 off guard that they have to post these signs they are going 03:47:53.629 --> 03:47:54.200 to be responsible 03:47:54.200 --> 03:47:58.600 for obtaining as well as posting these signs from here 03:47:58.600 --> 03:48:00.559 forward from October 1st 03:48:00.559 --> 03:48:05.090 forward of anything that is correct so so what are 03:48:05.090 --> 03:48:06.399 applications we get you know 03:48:06.399 --> 03:48:10.319 starting October 1st these individuals will know in advance 03:48:10.319 --> 03:48:11.559 that they will have 03:48:11.559 --> 03:48:13.920 to post signs with that's hopefully you'll see okay so 03:48:13.920 --> 03:48:14.959 anything prior is 03:48:14.959 --> 03:48:18.500 correct would not so hopefully in a month you'll see some 03:48:18.500 --> 03:48:19.760 signs that are much 03:48:19.760 --> 03:48:23.440 larger than what we currently have okay excellent thank you 03:48:23.440 --> 03:48:25.959 good question 03:48:26.079 --> 03:48:34.420 anybody else okay thank you everyone with that I will close 03:48:34.420 --> 03:48:35.040 our meeting this 03:48:35.040 --> 03:48:39.840 evening at 925 thank you everyone