1 00:00:00,000 --> 00:00:05,940 Commission work session for March the 7th 2018. This 2 00:00:05,940 --> 00:00:07,040 meeting has been duly 3 00:00:07,040 --> 00:00:11,109 posted and we do have a quorum present and I will call us 4 00:00:11,109 --> 00:00:14,080 to order at 5.03. Our 5 00:00:14,080 --> 00:00:17,890 first order of business will be to receive clarification of 6 00:00:17,890 --> 00:00:18,800 agenda items. 7 00:00:18,800 --> 00:00:28,780 So I will go through and does anybody have changes on the 8 00:00:28,780 --> 00:00:33,880 minutes? Nope, everybody good? 9 00:00:33,880 --> 00:00:45,340 Questions on the consent agenda? Okay, move us to items for 10 00:00:45,340 --> 00:00:45,679 individual 11 00:00:45,679 --> 00:00:51,560 consideration. Since I think this is going to be our work 12 00:00:51,560 --> 00:00:53,119 session report, do 13 00:00:53,119 --> 00:00:56,200 we want to skip that and come back and just do that at that 14 00:00:56,200 --> 00:00:57,280 time and let us go 15 00:00:57,280 --> 00:00:59,969 on through the work our public hearings? Is that okay with 16 00:00:59,969 --> 00:01:03,039 everybody? Okay, so we will 17 00:01:03,039 --> 00:01:08,920 return to individual consideration. Public hearing, call on 18 00:01:08,920 --> 00:01:11,760 Sydney Jackson for 19 00:01:11,760 --> 00:01:25,840 item A which is going to be the 1.719 acres. Good afternoon 20 00:01:25,840 --> 00:01:32,480 . Okay, this is a 21 00:01:32,480 --> 00:01:38,599 request to rezone one point, approximately 1.7119 acres 22 00:01:38,599 --> 00:01:39,560 from 23 00:01:39,560 --> 00:01:44,459 neighborhood residential to NR2 to employment center 24 00:01:44,459 --> 00:01:45,859 commercial ECC 25 00:01:45,859 --> 00:01:50,209 district. As you can see the site is located on the south 26 00:01:50,209 --> 00:01:51,140 side of West 27 00:01:51,140 --> 00:01:57,019 University Drive, approximately 820 feet from Thomas Egan 28 00:01:57,019 --> 00:02:00,040 at the intersection of 29 00:02:00,040 --> 00:02:06,390 University and Thomas Egan. This shows the current zoning 30 00:02:06,390 --> 00:02:07,519 map and you can see 31 00:02:07,519 --> 00:02:10,610 the subject site zone NR2 and this shows the proposed 32 00:02:10,610 --> 00:02:12,000 zoning map and you can see 33 00:02:12,000 --> 00:02:20,550 the subject site zone as ECC. With regards to the Denton 34 00:02:20,550 --> 00:02:22,560 plan, the site is 35 00:02:22,560 --> 00:02:28,479 zoned rural areas. Rural areas is for uses such as farms, 36 00:02:28,479 --> 00:02:30,439 ranches and very low 37 00:02:30,439 --> 00:02:34,669 density residential areas typically about five, one 38 00:02:34,669 --> 00:02:36,879 dwelling unit per five acres. 39 00:02:36,879 --> 00:02:41,780 Commissioner Beck. Thank you, Chair. Just this was kind of 40 00:02:41,780 --> 00:02:44,199 puzzling to me. It says 41 00:02:44,199 --> 00:02:48,599 now is this a future, is this what we're looking at future, 42 00:02:48,599 --> 00:02:49,280 was this what was 43 00:02:49,280 --> 00:02:51,370 considered for this area for the future or is that what's 44 00:02:51,370 --> 00:02:53,000 ... That's the future land 45 00:02:53,000 --> 00:02:57,229 use map. Okay. And the site is designated for rural areas 46 00:02:57,229 --> 00:02:58,419 and the site over here 47 00:02:58,419 --> 00:03:01,409 is designated for business innovation and industrial 48 00:03:01,409 --> 00:03:02,919 commerce. I'm curious how 49 00:03:02,919 --> 00:03:09,680 we got from NR2 to rural areas. Well, NR2 doesn't quite 50 00:03:09,680 --> 00:03:10,800 comply with that and 51 00:03:10,800 --> 00:03:14,870 I'm sure they were going to fix that when we work on the... 52 00:03:14,870 --> 00:03:16,120 We've got plans for 53 00:03:16,120 --> 00:03:22,879 this area with regards to the zoning code. My suspicion is 54 00:03:22,879 --> 00:03:23,560 one of the reasons 55 00:03:23,560 --> 00:03:26,810 it was designated rural areas is because there's no 56 00:03:26,810 --> 00:03:29,000 development out there per se 57 00:03:29,000 --> 00:03:32,349 right now and university at that time was just a two-lane 58 00:03:32,349 --> 00:03:34,039 road. University has 59 00:03:34,039 --> 00:03:39,919 now been expanded to a six-lane divided arterial and when 60 00:03:39,919 --> 00:03:40,759 you make... You 61 00:03:40,759 --> 00:03:43,349 know, improve the access to a site then you'll have the 62 00:03:43,349 --> 00:03:44,479 development come to the 63 00:03:44,479 --> 00:03:48,479 site. So I expect we're going to... This is an area that 64 00:03:48,479 --> 00:03:49,400 you may see some 65 00:03:49,400 --> 00:03:54,909 transition going on in the future. Now there I ask is this 66 00:03:54,909 --> 00:03:56,120 ... Is this something we 67 00:03:56,120 --> 00:03:59,479 can look at about going from NR2 to something more 68 00:03:59,479 --> 00:04:01,639 practical now considering 69 00:04:01,639 --> 00:04:08,159 the changes? Yes. Okay. Cindy, can I follow up on 70 00:04:08,159 --> 00:04:10,280 Commissioner Beck's point? Sure. I 71 00:04:10,280 --> 00:04:14,689 think he brings up a good point because I believe a lot of 72 00:04:14,689 --> 00:04:16,040 the issues in the 73 00:04:16,040 --> 00:04:19,129 future that may be addressed in our zoning map is a lot of 74 00:04:19,129 --> 00:04:20,319 this area has a 75 00:04:20,319 --> 00:04:23,379 tremendous amount of gas wells. Yes, you're anticipating 76 00:04:23,379 --> 00:04:25,240 one of my slides. Am I? Well, 77 00:04:25,240 --> 00:04:27,660 let me see your slide before I make any comments. Okay. I'm 78 00:04:27,660 --> 00:04:33,199 already getting ahead of you. Sounds good. Okay, and I... 79 00:04:33,199 --> 00:04:35,720 Is that the old just in case 80 00:04:35,720 --> 00:04:42,720 slides for us? Yeah. As you can tell the proposed zoning 81 00:04:42,720 --> 00:04:43,399 doesn't technically 82 00:04:43,399 --> 00:04:47,069 conform to the rural areas future land use map. However, 83 00:04:47,069 --> 00:04:47,720 when we have a 84 00:04:47,720 --> 00:04:51,009 situation where the zoning code does not meet the future 85 00:04:51,009 --> 00:04:52,639 land use designation we 86 00:04:52,639 --> 00:04:57,009 do have criteria, additional criteria that the request must 87 00:04:57,009 --> 00:04:58,120 conform to. The 88 00:04:58,120 --> 00:05:02,290 criteria is pretty extensive and there's a full discussion 89 00:05:02,290 --> 00:05:03,240 of how the site 90 00:05:03,240 --> 00:05:06,800 complies with the criteria in your staff analysis and I'll 91 00:05:06,800 --> 00:05:07,079 just go 92 00:05:07,079 --> 00:05:11,980 through it briefly. First of all, due to the size, shape, 93 00:05:11,980 --> 00:05:13,220 and location of the site 94 00:05:13,220 --> 00:05:17,800 along West University as well as proximity to gas well 95 00:05:17,800 --> 00:05:19,120 sites, this site is 96 00:05:19,120 --> 00:05:23,740 unlikely to develop as a single family house. Now, there 97 00:05:23,740 --> 00:05:25,000 are areas where perhaps 98 00:05:25,000 --> 00:05:29,899 they could, single family could develop further south and 99 00:05:29,899 --> 00:05:31,000 not be in full 100 00:05:31,000 --> 00:05:34,370 proximity to the gas well plots. However, they're still 101 00:05:34,370 --> 00:05:35,399 going to be have to deal 102 00:05:35,399 --> 00:05:42,319 with the gas well plot and if they wouldn't have driveways 103 00:05:42,319 --> 00:05:42,800 off of 104 00:05:42,800 --> 00:05:46,089 University, which as I said is a six lane arterial, there 105 00:05:46,089 --> 00:05:47,079 would be a street that 106 00:05:47,079 --> 00:05:52,949 would connect the houses to West University. Commercial 107 00:05:52,949 --> 00:05:53,519 uses are 108 00:05:53,519 --> 00:05:57,899 appropriate along primary arterials. You can see that all 109 00:05:57,899 --> 00:05:59,319 over the city. West 110 00:05:59,319 --> 00:06:02,310 University will provide the access and visibility that 111 00:06:02,310 --> 00:06:03,319 would be needed for 112 00:06:03,319 --> 00:06:07,240 commercial use. The ECC districts are typically found near 113 00:06:07,240 --> 00:06:08,240 employment centers 114 00:06:08,240 --> 00:06:11,459 and incorporate office and business workplaces with 115 00:06:11,459 --> 00:06:13,399 supporting secondary uses 116 00:06:13,399 --> 00:06:20,199 such as, you know, retail commercial types of uses for go 117 00:06:20,199 --> 00:06:20,759 out to lunch or 118 00:06:20,759 --> 00:06:24,639 something like that. The development must comply with all E 119 00:06:24,639 --> 00:06:26,439 SA, tree preservation, 120 00:06:26,439 --> 00:06:29,209 buffer screening, tree canopy, and lighting requirements. 121 00:06:29,209 --> 00:06:30,000 So you're going to 122 00:06:30,000 --> 00:06:34,839 have to comply with every aspect of our zoning code and any 123 00:06:34,839 --> 00:06:35,600 infrastructure 124 00:06:35,600 --> 00:06:39,410 needs such as water and sewer and electric will be assessed 125 00:06:39,410 --> 00:06:40,480 at the time of 126 00:06:40,480 --> 00:06:48,250 plotting and site plan process. Access and mobility, well 127 00:06:48,250 --> 00:06:50,959 we've got 1,234 linear 128 00:06:50,959 --> 00:06:57,579 feet of fringe along West University US 380, which is going 129 00:06:57,579 --> 00:06:58,839 to be a significant 130 00:06:58,839 --> 00:07:02,329 retail corridor now that it has been constructed to its 131 00:07:02,329 --> 00:07:04,160 full capacity, which 132 00:07:04,160 --> 00:07:09,389 is as six lanes divided a primary arterial. Now here's the 133 00:07:09,389 --> 00:07:11,360 gas well plat map. 134 00:07:11,360 --> 00:07:16,439 This little star right here shows our the subject site and 135 00:07:16,439 --> 00:07:17,680 as you can see 136 00:07:17,680 --> 00:07:20,829 between the city limit line which is located here and Mosh 137 00:07:20,829 --> 00:07:22,319 Branch Road this 138 00:07:22,319 --> 00:07:26,800 site, this site, and this site, are the only ones that are 139 00:07:26,800 --> 00:07:27,519 not encumbered 140 00:07:27,519 --> 00:07:35,480 by a gas well plat. Residential and gas wells just just are 141 00:07:35,480 --> 00:07:38,360 not compatible so my 142 00:07:38,360 --> 00:07:41,430 point was to show that it's a highly unlikely that any of 143 00:07:41,430 --> 00:07:42,519 this area is going 144 00:07:42,519 --> 00:07:45,509 to be residential in the near future. We don't know how 145 00:07:45,509 --> 00:07:46,800 long the gas wells will be 146 00:07:46,800 --> 00:07:51,990 there. They could be through for over 20 years. So yes sir. 147 00:07:51,990 --> 00:07:52,839 Commissioner Beck. Thank 148 00:07:52,839 --> 00:07:56,680 you chair. Is this is any of this area where these gas well 149 00:07:56,680 --> 00:07:57,759 plats are? Is that 150 00:07:57,759 --> 00:08:02,399 being used for farming or anything? There are this area 151 00:08:02,399 --> 00:08:04,639 right in here is 152 00:08:04,639 --> 00:08:09,649 used for farming. You have growing a crop? Yeah wheat. Okay 153 00:08:09,649 --> 00:08:11,819 . That we have that 154 00:08:11,819 --> 00:08:16,220 property owner has expressed that they are not in favor of 155 00:08:16,220 --> 00:08:17,959 this particular 156 00:08:17,959 --> 00:08:22,959 request and it's in your packet. She actually says it's 157 00:08:22,959 --> 00:08:24,120 being used for wheat. 158 00:08:24,120 --> 00:08:28,000 But that's pretty much that's it. That's it right here. 159 00:08:28,000 --> 00:08:29,120 Okay. Right here. Okay. 160 00:08:29,120 --> 00:08:32,110 Thank you. There's other places down here that there are 161 00:08:32,110 --> 00:08:32,840 single family 162 00:08:32,840 --> 00:08:37,500 areas. There's single family areas adjacent in the ETJ and 163 00:08:37,500 --> 00:08:38,840 there are 164 00:08:38,840 --> 00:08:43,850 commercial areas all along here. So down here to the south 165 00:08:43,850 --> 00:08:45,240 like I was saying I 166 00:08:45,240 --> 00:08:49,129 could possibly see maybe some single family where they they 167 00:08:49,129 --> 00:08:50,279 wouldn't have to 168 00:08:50,279 --> 00:08:52,450 deal with the gas wells because you can see the gas wells 169 00:08:52,450 --> 00:08:53,480 here and here and here 170 00:08:53,480 --> 00:09:01,370 and here and here and here. They're all over the place. So. 171 00:09:01,370 --> 00:09:02,840 Commissioner Ellis. 172 00:09:02,840 --> 00:09:06,759 Thank you chair. I know for a fact there's single family 173 00:09:06,759 --> 00:09:07,159 right where you 174 00:09:07,159 --> 00:09:10,149 were pointing because I've sold houses there so those are 175 00:09:10,149 --> 00:09:11,080 all single family. 176 00:09:11,080 --> 00:09:17,799 Yeah there are single family in there. Okay. Public 177 00:09:17,799 --> 00:09:19,840 notifications. We sent out two 178 00:09:19,840 --> 00:09:24,990 notices due to the size of the property the holdings in 179 00:09:24,990 --> 00:09:26,519 here. There were only 180 00:09:26,519 --> 00:09:31,129 two property owners located within 200 feet of the subject 181 00:09:31,129 --> 00:09:32,639 site as well as 500 182 00:09:32,639 --> 00:09:35,409 feet of the subject site. We heard back from one of them 183 00:09:35,409 --> 00:09:36,919 and it was this person 184 00:09:36,919 --> 00:09:44,059 right here and her opposition represents 49% of the land 185 00:09:44,059 --> 00:09:45,480 area within the 200 foot 186 00:09:45,480 --> 00:09:50,120 buffer and because of that this kicks it into requiring a 187 00:09:50,120 --> 00:09:51,360 supermajority vote of 188 00:09:51,360 --> 00:09:57,580 the council to be approved. Staff recommends approval of 189 00:09:57,580 --> 00:09:58,600 this request 190 00:09:58,600 --> 00:10:02,370 because even though the request is technically inconsistent 191 00:10:02,370 --> 00:10:02,919 with the 192 00:10:02,919 --> 00:10:07,399 future land use designation in going through the additional 193 00:10:07,399 --> 00:10:09,320 criteria 194 00:10:09,320 --> 00:10:12,370 we've shown that it is consistent with the overall goals of 195 00:10:12,370 --> 00:10:13,840 the Denton Plan 2030 196 00:10:13,840 --> 00:10:18,590 and the proposal conforms to the criteria for approval as 197 00:10:18,590 --> 00:10:19,639 outlined in 198 00:10:19,639 --> 00:10:25,639 section 35 3 3 b3. That concludes my presentation and I'll 199 00:10:25,639 --> 00:10:26,080 stand for any 200 00:10:26,080 --> 00:10:29,379 questions. Commissioner Ellis. Thank you chair. Cindy did 201 00:10:29,379 --> 00:10:30,960 staff consider a lesser 202 00:10:30,960 --> 00:10:35,240 intense zoning discussion? We did not. Not at this time no. 203 00:10:35,240 --> 00:10:36,600 Okay. Is there a reason? 204 00:10:36,600 --> 00:10:39,889 Just because you felt ECC was okay? We thought that was 205 00:10:39,889 --> 00:10:41,240 fine. The applicant 206 00:10:41,240 --> 00:10:47,190 proposes to market it for office uses. Which ECC is not 207 00:10:47,190 --> 00:10:49,320 required? I mean that's 208 00:10:49,320 --> 00:10:53,600 not the only... Well that is the you can ask the applicant 209 00:10:53,600 --> 00:10:54,759 why how he chose that 210 00:10:54,759 --> 00:10:58,090 particular zoning designation but we didn't see a problem 211 00:10:58,090 --> 00:10:58,919 with it given that 212 00:10:58,919 --> 00:11:03,110 there's ECC located just 1,300 feet away to the east. I 213 00:11:03,110 --> 00:11:04,080 have some concern about 214 00:11:04,080 --> 00:11:08,090 the area as a whole right there and in particularly across 215 00:11:08,090 --> 00:11:09,720 the street across 216 00:11:09,720 --> 00:11:14,210 380. Across 380 and at that location is undeveloped. Oh I 217 00:11:14,210 --> 00:11:17,000 know. So I'm just 218 00:11:17,000 --> 00:11:21,700 I'm thinking of the future and this piece is ECC and is 219 00:11:21,700 --> 00:11:23,080 that actually what 220 00:11:23,080 --> 00:11:26,080 we want the area to become. There's no doubt that growth is 221 00:11:26,080 --> 00:11:26,879 gonna happen there. 222 00:11:26,879 --> 00:11:30,470 I'm a little concerned with the intense zoning designation 223 00:11:30,470 --> 00:11:31,519 here is what I'm 224 00:11:31,519 --> 00:11:36,240 having a problem with. Commissioner Beck. Thank you chair. 225 00:11:36,240 --> 00:11:37,559 You mentioned in our 226 00:11:37,559 --> 00:11:42,659 backup material that there's a small area floodplain. Can 227 00:11:42,659 --> 00:11:43,360 you show us on the 228 00:11:43,360 --> 00:11:49,840 map where that's at? Small area floodplain with associated 229 00:11:49,840 --> 00:11:54,779 ESAs. The floodplain and the ESA are just 230 00:11:54,779 --> 00:12:04,759 located right here. Okay. Thank you. Any other questions on 231 00:12:04,759 --> 00:12:09,279 this item? Discussion? 232 00:12:09,279 --> 00:12:22,649 Okay. I think you have the next one too. Yes I do. The next 233 00:12:22,649 --> 00:12:26,279 one will be Eric Schmidt 234 00:12:26,279 --> 00:12:34,399 and the 8.87 acres at Colorado Boulevard and Cindy Jackson 235 00:12:34,399 --> 00:12:35,320 will present that one 236 00:12:35,320 --> 00:12:43,159 as well. Thank you. Okay Z170032 is a request to rezone 237 00:12:43,159 --> 00:12:44,759 approximately 8.9 238 00:12:44,759 --> 00:12:50,639 acres from NR6 neighborhood residential 6 to NRMU 12 239 00:12:50,639 --> 00:12:51,200 neighborhood 240 00:12:51,200 --> 00:12:55,370 residential mixed use 12. It's generally located on the 241 00:12:55,370 --> 00:12:56,360 southwest side of 242 00:12:56,360 --> 00:13:01,379 Colorado which you can see right here and approximately 350 243 00:13:01,379 --> 00:13:02,440 feet 15 feet 244 00:13:02,440 --> 00:13:08,320 northwest of San Jacinto which is right here. Here you can 245 00:13:08,320 --> 00:13:09,759 see the current zoning 246 00:13:09,759 --> 00:13:13,929 map with the site as it is currently zoned and here you can 247 00:13:13,929 --> 00:13:14,799 see the proposed 248 00:13:14,799 --> 00:13:18,090 zoning which would be an extension of the NRMU 12 that is 249 00:13:18,090 --> 00:13:19,039 located across 250 00:13:19,039 --> 00:13:27,789 Colorado. The site is designated as moderate residential on 251 00:13:27,789 --> 00:13:29,519 the future land 252 00:13:29,519 --> 00:13:33,419 use map. Moderate residential can accommodate single-family 253 00:13:33,419 --> 00:13:34,200 residential 254 00:13:34,200 --> 00:13:38,440 with a maximum density of 12 dwelling units per acre either 255 00:13:38,440 --> 00:13:39,919 attached or on 256 00:13:39,919 --> 00:13:46,440 small lots. This zone is typically used as a transition 257 00:13:46,440 --> 00:13:47,120 between 258 00:13:47,120 --> 00:13:50,529 established single-family neighborhoods which we've got 259 00:13:50,529 --> 00:13:54,159 here on the west and 260 00:13:54,159 --> 00:13:58,590 mixed use or commercial areas and I should state that San 261 00:13:58,590 --> 00:13:59,879 Jacinto that is 262 00:13:59,879 --> 00:14:04,110 adjacent to Golden Triangle Mall and the subject site 263 00:14:04,110 --> 00:14:05,759 itself is adjacent to a 264 00:14:05,759 --> 00:14:11,590 bowling alley along San Jacinto as well as some office uses 265 00:14:11,590 --> 00:14:13,000 and there's a site 266 00:14:13,000 --> 00:14:17,480 that was currently approved for a hotel. 267 00:14:18,759 --> 00:14:24,639 Residential uses permitted in the NRMU 12 district are 268 00:14:24,639 --> 00:14:26,679 generally consistent with 269 00:14:26,679 --> 00:14:30,480 the future land use designation however staff does not feel 270 00:14:30,480 --> 00:14:31,960 that the multifamily 271 00:14:31,960 --> 00:14:35,820 and the commercial uses that are also permitted under the 272 00:14:35,820 --> 00:14:36,919 NRMU 12 are 273 00:14:36,919 --> 00:14:41,289 appropriate in this district and for this reason we will be 274 00:14:41,289 --> 00:14:42,600 recommending 275 00:14:42,600 --> 00:14:48,470 approval of an overlay which will restrict the uses to town 276 00:14:48,470 --> 00:14:49,480 houses with a 277 00:14:49,480 --> 00:14:52,830 maximum density of 10 dwelling units per acre. Now the 278 00:14:52,830 --> 00:14:54,519 applicant has indicated he 279 00:14:54,519 --> 00:14:57,740 only wants eight dwelling units per acre but he doesn't 280 00:14:57,740 --> 00:14:58,679 have a site plan 281 00:14:58,679 --> 00:15:03,159 formalized yet and this will give him some wiggle worm. 282 00:15:03,600 --> 00:15:08,200 Cindy just a question. Yes sir. Is that different than what 283 00:15:08,200 --> 00:15:09,360 was the original 284 00:15:09,360 --> 00:15:14,129 recommendation in our backup? No. I may have misread it 285 00:15:14,129 --> 00:15:14,960 then I'm gonna have it 286 00:15:14,960 --> 00:15:20,840 confused with something else. Okay I may be on confused 287 00:15:20,840 --> 00:15:22,600 with one another one. Yeah 288 00:15:22,600 --> 00:15:27,399 the recommendation was for approval. I see it now. I've got 289 00:15:27,399 --> 00:15:28,960 it here. Yeah the 290 00:15:28,960 --> 00:15:35,440 mixed-use overlay limiting the uses to townhome. Thank you. 291 00:15:39,360 --> 00:15:45,559 Moderate density residential neighborhoods are appropriate 292 00:15:45,559 --> 00:15:45,840 along 293 00:15:45,840 --> 00:15:49,320 secondary arterials which is what Colorado Boulevard is. 294 00:15:49,320 --> 00:15:50,039 Colorado 295 00:15:50,039 --> 00:15:53,779 Boulevard will provide adequate visibility and access to 296 00:15:53,779 --> 00:15:55,759 the site. As I 297 00:15:55,759 --> 00:15:58,899 mentioned earlier NRMU 12 is typically found in close 298 00:15:58,899 --> 00:16:00,600 proximity to low density 299 00:16:00,600 --> 00:16:03,919 residential. It serves as a buffer between the low density 300 00:16:03,919 --> 00:16:04,879 residential and 301 00:16:04,879 --> 00:16:11,039 more intense use. The NRMU 12 also limits the residential 302 00:16:11,039 --> 00:16:11,720 density and 303 00:16:11,720 --> 00:16:14,899 scale and we are proposing to limit the density even more 304 00:16:14,899 --> 00:16:15,960 than what it currently 305 00:16:15,960 --> 00:16:21,919 is permitted the 12 units. Commissioner Ellis. Thank you 306 00:16:21,919 --> 00:16:23,240 chair. Cindy currently 307 00:16:23,240 --> 00:16:27,620 under NR6 that's what it is now right? Is that six units 308 00:16:27,620 --> 00:16:28,679 per acre? Is that what it is? 309 00:16:28,679 --> 00:16:34,549 Okay. The development will have to comply with all 310 00:16:34,549 --> 00:16:36,960 standards ESA tree preservation 311 00:16:36,960 --> 00:16:41,309 buffers screening tree canopy lighting requirements and 312 00:16:41,309 --> 00:16:42,600 design standards and 313 00:16:42,600 --> 00:16:45,769 the infrastructure needs as always will be assessed during 314 00:16:45,769 --> 00:16:46,639 the time of plotting 315 00:16:46,639 --> 00:16:52,519 and site planning. The site has 904 linear feet of frontage 316 00:16:52,519 --> 00:16:54,399 along Colorado 317 00:16:54,399 --> 00:17:00,840 right here and Colorado is a secondary arterial road. It's 318 00:17:00,840 --> 00:17:02,639 got its four four 319 00:17:02,639 --> 00:17:07,150 lanes. It's parts of it are undivided and as you get closer 320 00:17:07,150 --> 00:17:07,400 to the 321 00:17:07,400 --> 00:17:14,720 intersection is divided. Here's a look at the surrounding 322 00:17:14,720 --> 00:17:16,759 zoning districts. NR3 323 00:17:16,759 --> 00:17:21,539 single-family is directly adjacent to the site to the west 324 00:17:21,539 --> 00:17:22,720 and NR6 is 325 00:17:22,720 --> 00:17:28,599 directly adjacent to the site to the the southwest. NRMU 12 326 00:17:28,599 --> 00:17:30,279 is across Colorado 327 00:17:30,279 --> 00:17:33,269 Boulevard and this request would be an extension of this NR 328 00:17:33,269 --> 00:17:35,480 MU 12 and then 329 00:17:35,480 --> 00:17:40,210 RCCD is located to the southwest which is where Gold Tri 330 00:17:40,210 --> 00:17:41,359 angle Mall and the 331 00:17:41,359 --> 00:17:45,799 associated pad sites and offices are located. 332 00:17:48,240 --> 00:17:54,859 Notification we sent out 35 notices via certified mail and 333 00:17:54,859 --> 00:17:56,880 116 notices sent out 334 00:17:56,880 --> 00:18:02,980 by regular mail. We've received six responses in opposition 335 00:18:02,980 --> 00:18:04,440 two in favor and 336 00:18:04,440 --> 00:18:08,509 one one we called neutral because it was just it depends so 337 00:18:08,509 --> 00:18:09,359 we put that as 338 00:18:09,359 --> 00:18:13,880 neutral and I've handed out to you copies of all of the 339 00:18:13,880 --> 00:18:15,279 notices that we 340 00:18:15,279 --> 00:18:20,789 have received since the time of the report was written. 341 00:18:20,789 --> 00:18:21,680 Commissioner Smith. 342 00:18:21,680 --> 00:18:25,490 Thank you chair and one of the one of the responses back it 343 00:18:25,490 --> 00:18:26,279 were all a lot of 344 00:18:26,279 --> 00:18:30,640 the responses back it's asking about traffic on Claremont 345 00:18:30,640 --> 00:18:31,640 as the entrances is 346 00:18:31,640 --> 00:18:34,160 have you seen that preliminary site plan did you say you 347 00:18:34,160 --> 00:18:35,359 said he didn't have one? 348 00:18:35,359 --> 00:18:38,130 No we don't have one. The applicant held a neighborhood 349 00:18:38,130 --> 00:18:39,180 meeting at which he 350 00:18:39,180 --> 00:18:43,410 produced a site plan and he wanted to get the neighbors 351 00:18:43,410 --> 00:18:44,200 take on it and the 352 00:18:44,200 --> 00:18:47,819 neighbors had a lot of issues with extending Claremont and 353 00:18:47,819 --> 00:18:48,660 so the 354 00:18:48,660 --> 00:18:51,950 applicant is working with the neighbors he is no longer 355 00:18:51,950 --> 00:18:53,279 proposing to connect to 356 00:18:53,279 --> 00:18:56,099 Claremont and he is working with staff to find other means 357 00:18:56,099 --> 00:18:57,200 of access. Okay that 358 00:18:57,200 --> 00:19:03,069 works thank you. Commissioner Roselle. One point of 359 00:19:03,069 --> 00:19:03,839 clarification in one 360 00:19:03,839 --> 00:19:06,930 question the percentages next to opposition in favor is 361 00:19:06,930 --> 00:19:07,720 that linear feet 362 00:19:07,720 --> 00:19:10,269 three percent of linear feet in opposition and three 363 00:19:10,269 --> 00:19:11,240 percent of in favor? 364 00:19:11,240 --> 00:19:14,859 No it's three percent in area three percent of the land 365 00:19:14,859 --> 00:19:16,079 area located within 366 00:19:16,079 --> 00:19:19,900 the 200 foot buffer. Okay thank you the other question is 367 00:19:19,900 --> 00:19:21,240 that's I haven't 368 00:19:21,240 --> 00:19:23,759 German back there in a while but isn't that in our sixth 369 00:19:23,759 --> 00:19:24,759 neighborhood is there 370 00:19:24,759 --> 00:19:30,569 a gate there? It's just open? Okay that's it. All right 371 00:19:30,569 --> 00:19:31,279 Cindy I have a follow-up. 372 00:19:31,279 --> 00:19:36,000 Yes. If there's not going to be a connection on the 373 00:19:36,000 --> 00:19:37,240 extension of Claremont 374 00:19:37,240 --> 00:19:41,880 to the east that subdivision just has one point of ingress 375 00:19:41,880 --> 00:19:43,160 egress. Exactly. I 376 00:19:43,160 --> 00:19:46,390 know it currently only has one but it has a future stub to 377 00:19:46,390 --> 00:19:48,519 the east. Yes it does. We 378 00:19:48,519 --> 00:19:52,950 know we are actually we're working on on an alternate plan 379 00:19:52,950 --> 00:19:54,200 so that there would 380 00:19:54,200 --> 00:19:57,349 not be access people would not be able to drive through 381 00:19:57,349 --> 00:19:59,000 there. I just was 382 00:19:59,000 --> 00:20:01,730 thinking about the fire code. Yes I'm we're working with 383 00:20:01,730 --> 00:20:02,720 them. I'll let you 384 00:20:02,720 --> 00:20:08,299 work on it just observation. Okay thank you. Commissioner 385 00:20:08,299 --> 00:20:10,160 Sanchez. If Claremont in 386 00:20:10,160 --> 00:20:13,319 that decision is that should that decision be made by the 387 00:20:13,319 --> 00:20:14,359 city based on 388 00:20:14,359 --> 00:20:20,230 what future land use or what the city wants or is it is it 389 00:20:20,230 --> 00:20:21,720 allowed to be made 390 00:20:21,720 --> 00:20:25,400 by the developer? It seems awfully. It's something that the 391 00:20:25,400 --> 00:20:26,279 city is working with 392 00:20:26,279 --> 00:20:31,029 the developer on so it's the city's going to say this is 393 00:20:31,029 --> 00:20:32,599 what we require and 394 00:20:32,599 --> 00:20:36,769 these we're giving you these alternatives to meet our 395 00:20:36,769 --> 00:20:37,759 requirements 396 00:20:37,759 --> 00:20:40,809 and then the developer will have to choose how he's going 397 00:20:40,809 --> 00:20:42,680 to do it. I guess 398 00:20:42,680 --> 00:20:45,940 because my question is I mean you've got a neighborhood 399 00:20:45,940 --> 00:20:47,160 back here that would 400 00:20:47,160 --> 00:20:52,279 probably be served if Claremont was extended right? That's 401 00:20:52,279 --> 00:20:53,720 right. One of the 402 00:20:53,720 --> 00:20:57,890 issues with extending Claremont that the the people 403 00:20:57,890 --> 00:20:59,000 attending the 404 00:20:59,000 --> 00:21:02,730 neighborhood meeting had was cut through traffic from 405 00:21:02,730 --> 00:21:04,279 Colorado and the fact that 406 00:21:04,279 --> 00:21:07,339 their streets it's their private streets they're extremely 407 00:21:07,339 --> 00:21:09,240 narrow they can they 408 00:21:09,240 --> 00:21:13,640 can't even accommodate sometimes the solid waste trucks 409 00:21:13,640 --> 00:21:15,799 that go through or 410 00:21:15,799 --> 00:21:20,759 fire apparatus so it's it's not a really a viable 411 00:21:20,759 --> 00:21:23,079 alternative to push it all the 412 00:21:23,079 --> 00:21:26,180 way through and give the general public access to that so 413 00:21:26,180 --> 00:21:27,839 we are working with on 414 00:21:27,839 --> 00:21:34,730 alternate ways to do that to take care of this. I don't 415 00:21:34,730 --> 00:21:37,319 want to say what we're 416 00:21:37,319 --> 00:21:41,720 working on yet because I don't know what will ultimately be 417 00:21:41,720 --> 00:21:43,200 the product. 418 00:21:43,200 --> 00:21:45,329 Commissioner Ellis do you have a question I couldn't tell 419 00:21:45,329 --> 00:21:47,039 whether you were saying? I had a comment. 420 00:21:47,039 --> 00:21:49,630 Okay. Yeah if I could. Thank you chair. Commissioner San 421 00:21:49,630 --> 00:21:51,039 chez that community right 422 00:21:51,039 --> 00:21:55,039 now it's a zero lot line garden community garden style home 423 00:21:55,039 --> 00:21:55,599 community 424 00:21:55,599 --> 00:21:59,140 very narrow streets they can't even park on the cul-de-sacs 425 00:21:59,140 --> 00:22:00,519 where they are they 426 00:22:00,519 --> 00:22:03,619 have to park in their driveway or garages and Claremont is 427 00:22:03,619 --> 00:22:04,359 the only place 428 00:22:04,359 --> 00:22:07,450 where visitors can park if somebody wants to park in the 429 00:22:07,450 --> 00:22:08,339 street in that 430 00:22:08,339 --> 00:22:11,920 community so their concerns are certainly valid because it 431 00:22:11,920 --> 00:22:12,480 is difficult 432 00:22:12,480 --> 00:22:17,630 to to to get around in there and as Cindy mentioned I don't 433 00:22:17,630 --> 00:22:18,079 think we would 434 00:22:18,079 --> 00:22:22,539 want just open access to that particular development to be 435 00:22:22,539 --> 00:22:23,279 to allow people to cut 436 00:22:23,279 --> 00:22:29,759 through there. Commissioner Sanchez. I drove by there and 437 00:22:29,759 --> 00:22:31,019 yeah I looked at the 438 00:22:31,019 --> 00:22:34,559 community so I was just curious why you wouldn't extend 439 00:22:34,559 --> 00:22:35,599 that I mean it would 440 00:22:35,599 --> 00:22:39,339 give access I mean you've got other roads that go on to 441 00:22:39,339 --> 00:22:40,440 Colorado in that 442 00:22:40,440 --> 00:22:44,789 neighborhood that the previous there's a couple other 443 00:22:44,789 --> 00:22:47,200 streets there. Right. We're working on different 444 00:22:47,200 --> 00:22:50,559 alternatives and we have to meet with the applicant. 445 00:22:50,559 --> 00:22:56,730 Okay. To see which way he wants to go. Let's hold just a 446 00:22:56,730 --> 00:22:58,640 second let's go through 447 00:22:58,640 --> 00:23:00,950 and let you get your presentation I think we're getting 448 00:23:00,950 --> 00:23:02,240 kind of off track and 449 00:23:02,240 --> 00:23:03,700 let's see if we can answer some of this in your 450 00:23:03,700 --> 00:23:05,119 presentation. I think that was 451 00:23:05,119 --> 00:23:08,559 just about it yes. We're recommending approval with the 452 00:23:08,559 --> 00:23:10,279 overlay which will 453 00:23:10,279 --> 00:23:16,349 limit the use to townhome and will allow a maximum of 20 of 454 00:23:16,349 --> 00:23:17,240 10 dwelling units per 455 00:23:17,240 --> 00:23:21,599 acre. Okay. Commissioner Rosales you have a question. My 456 00:23:21,599 --> 00:23:22,640 question is just I'm not 457 00:23:22,640 --> 00:23:25,730 familiar with the area I'm unsure what they're cutting 458 00:23:25,730 --> 00:23:27,000 through to if they were 459 00:23:27,000 --> 00:23:29,390 to be did they talk about because it seems like they just 460 00:23:29,390 --> 00:23:30,160 go are they trying 461 00:23:30,160 --> 00:23:34,400 to bypass that one strip of San Jacinto? Is that what the 462 00:23:34,400 --> 00:23:38,480 concern is? There is actually the light at the loop from 463 00:23:38,480 --> 00:23:43,319 backs up all the way. I can't where's the arrow? 464 00:23:43,319 --> 00:23:49,200 Thank you. There's a light at the loop and during heavy 465 00:23:49,200 --> 00:23:51,559 traffic times it can 466 00:23:51,559 --> 00:23:55,789 back up all the way. Past San Jacinto. So the concern is 467 00:23:55,789 --> 00:23:57,240 during high traffic they 468 00:23:57,240 --> 00:23:59,980 can't get to San Jacinto going south and so they cut across 469 00:23:59,980 --> 00:24:01,119 . They will cut across 470 00:24:01,119 --> 00:24:03,569 and then they will get on San Jacinto and then come go 471 00:24:03,569 --> 00:24:05,880 through the mall. Okay 472 00:24:05,880 --> 00:24:11,900 that's helpful. Commissioner Beck. Thank you chair. One of 473 00:24:11,900 --> 00:24:13,880 the people in opposition 474 00:24:13,880 --> 00:24:17,750 sent in a well-documented letter here and mentioned that 475 00:24:17,750 --> 00:24:18,880 the streets the 476 00:24:18,880 --> 00:24:22,079 Homeowner Association owns those streets. So what kind of 477 00:24:22,079 --> 00:24:23,599 private yeah so wouldn't 478 00:24:23,599 --> 00:24:28,569 the city run into some legal problems here if the notion to 479 00:24:28,569 --> 00:24:29,920 run Claremont 480 00:24:29,920 --> 00:24:36,160 through was pursued? I'll let you answer that question. 481 00:24:36,160 --> 00:24:40,559 Well they're saying they own the 482 00:24:40,559 --> 00:24:42,640 streets and because they own the streets you can't we can't 483 00:24:42,640 --> 00:24:44,200 come in there. We can't 484 00:24:44,200 --> 00:24:50,069 we can't attach to it. Is that correct? I'll call staff for 485 00:24:50,069 --> 00:24:50,960 additional. Just to 486 00:24:50,960 --> 00:24:54,240 clarify those streets were platted as private access ways. 487 00:24:54,240 --> 00:24:55,000 Okay. So they were 488 00:24:55,000 --> 00:24:58,720 not they were not platted as public streets. So when at 489 00:24:58,720 --> 00:25:00,039 time of platting we 490 00:25:00,039 --> 00:25:03,289 would look at you know whether or not there was some 491 00:25:03,289 --> 00:25:04,559 arrangement with the with 492 00:25:04,559 --> 00:25:07,190 the neighboring property owner. We haven't dived in to see 493 00:25:07,190 --> 00:25:09,519 if there's any 494 00:25:09,519 --> 00:25:12,509 anything on a title that gives rights to that neighboring 495 00:25:12,509 --> 00:25:13,359 property. I mean we have 496 00:25:13,359 --> 00:25:16,599 we haven't got that far into it. Okay well I was curious 497 00:25:16,599 --> 00:25:17,559 you know we're gonna deal with that. 498 00:25:17,559 --> 00:25:21,480 We proceed. Okay thanks. Commissioner Smith. Thank you 499 00:25:21,480 --> 00:25:23,960 chair. One of the problems 500 00:25:23,960 --> 00:25:26,039 they brought up one of things I was thinking about with 501 00:25:26,039 --> 00:25:26,880 whenever you have 502 00:25:26,880 --> 00:25:29,460 townhomes I know it's not technically multifamily we have 503 00:25:29,460 --> 00:25:30,400 anything coming in 504 00:25:30,400 --> 00:25:34,099 there is the possibility for it to go taller than two 505 00:25:34,099 --> 00:25:36,319 stories risking sight 506 00:25:36,319 --> 00:25:39,109 line of the backyard of single-family homes around it. Can 507 00:25:39,109 --> 00:25:40,079 we can we include 508 00:25:40,079 --> 00:25:42,599 into that overlay a limit on the height of the building? We 509 00:25:42,599 --> 00:25:43,559 could. Something 510 00:25:43,559 --> 00:25:46,160 closer to it in our six height. The applicant originally 511 00:25:46,160 --> 00:25:47,119 was proposing three 512 00:25:47,119 --> 00:25:49,279 stories and after meeting with the neighborhood he's 513 00:25:49,279 --> 00:25:50,200 reduced that to two 514 00:25:50,200 --> 00:25:55,099 stories and he's also agreed not to have them next to the 515 00:25:55,099 --> 00:25:55,839 the fence between the 516 00:25:55,839 --> 00:25:58,829 two properties but to move them back to try to restrict the 517 00:25:58,829 --> 00:26:00,240 visibility into their 518 00:26:00,240 --> 00:26:03,900 yards. I think words words are great but for I know for 519 00:26:03,900 --> 00:26:04,480 already adding 520 00:26:04,480 --> 00:26:06,440 conditionals and put an overlay and we might as well throw 521 00:26:06,440 --> 00:26:07,839 in the height so all right 522 00:26:07,839 --> 00:26:14,759 thank you. Any other questions on this item? 523 00:26:15,160 --> 00:26:21,279 Thank you Cindy good job. Not at this time we will take 524 00:26:21,279 --> 00:26:22,440 public comment we will 525 00:26:22,440 --> 00:26:25,759 meet again at 630 in council chambers and that will be a 526 00:26:25,759 --> 00:26:26,640 public meeting and 527 00:26:26,640 --> 00:26:29,880 anybody is welcome to speak on these items at that time. 528 00:26:29,880 --> 00:26:32,680 Thank you sir. That 529 00:26:32,680 --> 00:26:38,549 will move us to item C that will be presented by Ron. So be 530 00:26:38,549 --> 00:26:41,599 Z 18 - 0 0 0 3. 531 00:26:41,599 --> 00:26:48,730 Thank you chair members of the Commission. This item is for 532 00:26:48,730 --> 00:26:50,119 a rezoning as 533 00:26:50,119 --> 00:26:56,740 well as an initial zoning. We have CMG proposed for the 534 00:26:56,740 --> 00:26:59,200 entire site. Currently 535 00:26:59,200 --> 00:27:04,359 the zoning the property is NR 2 on the southern portion and 536 00:27:04,359 --> 00:27:06,039 then RD 5X which is 537 00:27:06,039 --> 00:27:10,509 a designated zoning that's given after annexation therefore 538 00:27:10,509 --> 00:27:11,680 is not actually 539 00:27:11,680 --> 00:27:15,849 zoning therefore the request is also to initially add 540 00:27:15,849 --> 00:27:18,200 zoning and that is again 541 00:27:18,200 --> 00:27:24,069 CMG for the entire site. It's approximately 6.37 acres just 542 00:27:24,069 --> 00:27:24,400 along 543 00:27:24,400 --> 00:27:30,269 Teasley just south of Geyer High School. Future land use 544 00:27:30,269 --> 00:27:31,359 designation for the site 545 00:27:31,359 --> 00:27:36,019 and the area is community mixed use which is intended for 546 00:27:36,019 --> 00:27:37,599 mixed uses as well 547 00:27:37,599 --> 00:27:43,599 as commercial and other related complementary uses and the 548 00:27:43,599 --> 00:27:44,039 proposed 549 00:27:44,039 --> 00:27:49,920 zoning request is consistent with the future land use 550 00:27:49,920 --> 00:27:52,839 designation. This is the 551 00:27:52,839 --> 00:27:57,190 existing zoning map as I illustrated earlier the northern 552 00:27:57,190 --> 00:27:58,680 portion of it is RD 553 00:27:58,680 --> 00:28:03,759 5X again a holding or designated zoning district the 554 00:28:03,759 --> 00:28:05,579 southern portion is NR 2 555 00:28:05,579 --> 00:28:10,049 the applicant is requesting that it be rezoned to CMG. The 556 00:28:10,049 --> 00:28:11,839 notch over here is 557 00:28:11,839 --> 00:28:16,069 actually not owned by the applicant. I've asked the 558 00:28:16,069 --> 00:28:17,779 applicant to see what 559 00:28:17,779 --> 00:28:21,450 they can do. I don't have the answer they will probably be 560 00:28:21,450 --> 00:28:23,559 able to answer why they 561 00:28:23,559 --> 00:28:26,710 were not able to maybe work out and have that property zone 562 00:28:26,710 --> 00:28:27,759 as well but for now 563 00:28:27,759 --> 00:28:32,359 the request is what's shown outlined in black. Commissioner 564 00:28:32,359 --> 00:28:33,440 back isn't that where 565 00:28:33,440 --> 00:28:36,119 the gas well is? I believe this is a cell tower the gas 566 00:28:36,119 --> 00:28:37,799 well is just north of this 567 00:28:37,799 --> 00:28:40,680 property. Okay thanks. 568 00:28:42,000 --> 00:28:47,880 A little bit better of the area area of the area as again 569 00:28:47,880 --> 00:28:49,440 indicated Geyer High 570 00:28:49,440 --> 00:28:52,980 School to the north you've got a mobile home park to the 571 00:28:52,980 --> 00:28:55,799 east some residential 572 00:28:55,799 --> 00:29:00,819 and gas well to the east southeast primarily commercial 573 00:29:00,819 --> 00:29:02,119 slash industrial 574 00:29:02,119 --> 00:29:07,950 uses to the south we've also have NRMU and CMG to the west 575 00:29:07,950 --> 00:29:09,359 and then as it wraps 576 00:29:09,359 --> 00:29:13,019 around again Geyer High School to the west and you can see 577 00:29:13,019 --> 00:29:13,799 that that's the 578 00:29:13,799 --> 00:29:17,619 notch over here which is the cell tower and then the gas 579 00:29:17,619 --> 00:29:19,240 well is just north of 580 00:29:19,240 --> 00:29:25,119 this site. Staff did a quick analysis of course the the big 581 00:29:25,119 --> 00:29:26,720 one is it doesn't 582 00:29:26,720 --> 00:29:30,259 meet the future land use element in the future land use 583 00:29:30,259 --> 00:29:31,440 designation and it does 584 00:29:31,440 --> 00:29:34,990 it meets all the goals and objectives of the Denim Plan 585 00:29:34,990 --> 00:29:38,319 2030. It's a teasley 586 00:29:38,319 --> 00:29:41,869 proposed to be a six lane divide roadway commercial 587 00:29:41,869 --> 00:29:43,799 development along this 588 00:29:43,799 --> 00:29:47,970 corridor is important it's also a gateway into our city so 589 00:29:47,970 --> 00:29:48,880 we want to make 590 00:29:48,880 --> 00:29:52,670 sure that we have the proper land uses and CMG will allow 591 00:29:52,670 --> 00:29:55,079 that. NR2 and RD5 592 00:29:55,079 --> 00:29:59,250 does not therefore rezoning and initially zoning this to CM 593 00:29:59,250 --> 00:29:59,519 G is 594 00:29:59,519 --> 00:30:07,299 appropriate for this area. Again mobility, teasley, six 595 00:30:07,299 --> 00:30:08,440 lane divided, 596 00:30:08,440 --> 00:30:12,910 TechStat has begun work on this widening project between 597 00:30:12,910 --> 00:30:14,960 the city limits to the 598 00:30:14,960 --> 00:30:19,490 east all the way north to Lillian Miller proposed six lane 599 00:30:19,490 --> 00:30:21,200 divided roadway 135 600 00:30:21,200 --> 00:30:28,589 feet completion date my understanding is January of 2020. 601 00:30:28,589 --> 00:30:31,039 Guaranteed right? Not 602 00:30:31,039 --> 00:30:35,210 guaranteed. Just kidding. Public notifications was sent out 603 00:30:35,210 --> 00:30:36,799 to 14 to 30 604 00:30:36,799 --> 00:30:42,960 to 200 foot property owners 500 courtesy notices were sent 605 00:30:42,960 --> 00:30:44,440 to 13 of those and 606 00:30:44,440 --> 00:30:48,329 then a sign was posted along Teasley Lane. As of this 607 00:30:48,329 --> 00:30:50,359 afternoon staff has not 608 00:30:50,359 --> 00:30:55,349 received any response either in opposition or in favor. We 609 00:30:55,349 --> 00:30:56,480 I have received 610 00:30:56,480 --> 00:30:58,950 actually phone calls basically questions on what's being 611 00:30:58,950 --> 00:31:00,839 proposed and what I 612 00:31:00,839 --> 00:31:03,880 understand what the applicant has stated in their narrative 613 00:31:03,880 --> 00:31:04,400 primarily 614 00:31:04,400 --> 00:31:09,000 commercial uses and restaurant I believe. 615 00:31:09,000 --> 00:31:15,009 We'll skip that one. Recommendation for the proposed rez 616 00:31:15,009 --> 00:31:16,559 oning and initial zoning 617 00:31:16,559 --> 00:31:21,269 is approval as it again conforms with the DEM plan 2030 and 618 00:31:21,269 --> 00:31:22,599 is consistent and 619 00:31:22,599 --> 00:31:28,480 with in line with the section 35 3 3 b 3 which outlines 620 00:31:28,480 --> 00:31:30,079 approval for rezoning 621 00:31:30,079 --> 00:31:33,509 cases. With that I'll stand for any questions. Commissioner 622 00:31:33,509 --> 00:31:34,119 Smith. Thank You 623 00:31:34,119 --> 00:31:38,609 Chair. In regards to the notification we had this on a case 624 00:31:38,609 --> 00:31:39,920 three four yeah three 625 00:31:39,920 --> 00:31:42,279 or four months ago. Mm-hmm. Were notifications sent in the 626 00:31:42,279 --> 00:31:44,319 ETJ? Do not 627 00:31:44,319 --> 00:31:47,579 think so no. Okay. All right we'll bring that up in matrix 628 00:31:47,579 --> 00:31:49,359 then. Okay. 629 00:31:49,359 --> 00:31:52,359 Commissioner Beck. 630 00:32:02,960 --> 00:32:05,960 Yes. 631 00:32:12,359 --> 00:32:15,490 That's correct that's my understanding and in their 632 00:32:15,490 --> 00:32:17,920 property it just barely 633 00:32:17,920 --> 00:32:24,039 touches it but yet this area. That's correct yes it's in 634 00:32:24,039 --> 00:32:26,400 this general area. 635 00:32:26,400 --> 00:32:29,690 Right and it's it's not much of their property again it's 636 00:32:29,690 --> 00:32:30,720 in the northeast 637 00:32:30,720 --> 00:32:33,960 portion of it but certainly we looked in yes. Commissioner 638 00:32:33,960 --> 00:32:34,680 Beck you've got your idea 639 00:32:34,680 --> 00:32:37,960 and I'm sorry. I'm getting the lights flashing. Should I 640 00:32:37,960 --> 00:32:39,480 say that over again? 641 00:32:39,480 --> 00:32:51,589 Okay sorry. Anybody else? Thank you Ron. Thank you. That 642 00:32:51,589 --> 00:32:52,319 will get through our 643 00:32:52,319 --> 00:32:57,220 public hearing section and we will go back now and catch 644 00:32:57,220 --> 00:32:59,079 both our individual 645 00:32:59,079 --> 00:33:04,000 consideration items and also our work session report and 646 00:33:04,000 --> 00:33:05,480 that will be Chad 647 00:33:05,480 --> 00:33:11,359 Allen. Chad before you get started how long will your 648 00:33:11,359 --> 00:33:12,079 presentation be? I'm 649 00:33:12,079 --> 00:33:14,160 trying to decide whether we want to take a break now and 650 00:33:14,160 --> 00:33:15,039 get food while you're 651 00:33:15,039 --> 00:33:22,480 getting ready or okay great. 652 00:33:28,039 --> 00:33:38,950 I think they may have practiced it. Good evening chair, 653 00:33:38,950 --> 00:33:39,880 commissioners. I'm Chad 654 00:33:39,880 --> 00:33:43,420 Allen. I'm deputy city engineer responsible for Capital 655 00:33:43,420 --> 00:33:43,799 Project Delivery 656 00:33:43,799 --> 00:33:46,789 and I and Preetam our traffic engineer are going to talk 657 00:33:46,789 --> 00:33:48,200 about the drainage and 658 00:33:48,200 --> 00:33:50,799 transportation design criteria manuals update and we're 659 00:33:50,799 --> 00:33:51,799 going to try to keep it 660 00:33:51,799 --> 00:33:53,910 short. We're just going to talk about try to talk about the 661 00:33:53,910 --> 00:33:54,599 changes that have 662 00:33:54,599 --> 00:33:56,960 happened since the last time we presented this to the 663 00:33:56,960 --> 00:33:58,119 Commission which was on 664 00:33:58,119 --> 00:34:01,880 January 24th. So we're just going to try to focus on the 665 00:34:01,880 --> 00:34:05,720 changes. We're going to 666 00:34:05,720 --> 00:34:08,880 ask you tonight to consider to make any more comments that 667 00:34:08,880 --> 00:34:09,880 you might want to 668 00:34:09,880 --> 00:34:12,309 make about the manuals and then later during the public 669 00:34:12,309 --> 00:34:13,400 meeting hopefully to 670 00:34:13,400 --> 00:34:17,070 recommend approval of the changes of the design criteria 671 00:34:17,070 --> 00:34:18,119 manuals to City 672 00:34:18,119 --> 00:34:20,889 Council and again we're talking about the drainage design 673 00:34:20,889 --> 00:34:21,840 criteria manual and 674 00:34:21,840 --> 00:34:26,010 the transportation design criteria manual. So this is where 675 00:34:26,010 --> 00:34:26,719 we're at in 676 00:34:26,719 --> 00:34:30,119 the process. We presented this to planning and zoning back 677 00:34:30,119 --> 00:34:31,599 on January 24th. 678 00:34:31,599 --> 00:34:35,099 At that time we were going through a 30-day official 679 00:34:35,099 --> 00:34:36,639 comment public comment 680 00:34:36,639 --> 00:34:39,409 period. We had put a public notice at City Hall. We'd 681 00:34:39,409 --> 00:34:40,400 uploaded all the 682 00:34:40,400 --> 00:34:43,550 documents to the website and we had distributed them to the 683 00:34:43,550 --> 00:34:44,320 development 684 00:34:44,320 --> 00:34:47,469 community. After the last planning and zoning meeting we 685 00:34:47,469 --> 00:34:48,239 met with the 686 00:34:48,239 --> 00:34:51,420 development community about the drainage design criteria 687 00:34:51,420 --> 00:34:52,719 manual on February 6th 688 00:34:52,719 --> 00:34:55,710 and specifically we met with the Denton Community 689 00:34:55,710 --> 00:34:57,519 Development Alliance. On 690 00:34:57,519 --> 00:35:00,510 February 13th we met with that same organization about the 691 00:35:00,510 --> 00:35:00,960 transportation 692 00:35:00,960 --> 00:35:03,150 design criteria manual and we received a lot of feedback 693 00:35:03,150 --> 00:35:04,280 from them. Their 694 00:35:04,280 --> 00:35:07,429 comments and our responses to their comments are in your 695 00:35:07,429 --> 00:35:09,000 backup. We 696 00:35:09,000 --> 00:35:11,769 incorporated we made a lot of changes based on those 697 00:35:11,769 --> 00:35:13,039 comments and we revised 698 00:35:13,039 --> 00:35:16,320 the drafts by March 1st and then on March 6th we started 699 00:35:16,320 --> 00:35:17,679 another final seven 700 00:35:17,679 --> 00:35:20,849 public comment day period. That's happening right now and 701 00:35:20,849 --> 00:35:21,840 that lasts until 702 00:35:21,840 --> 00:35:24,780 March 13th. Tonight we're bringing them back to planning 703 00:35:24,780 --> 00:35:25,400 and zoning for 704 00:35:25,400 --> 00:35:28,389 consideration and then hopefully for approval tonight and 705 00:35:28,389 --> 00:35:30,039 then after the 706 00:35:30,039 --> 00:35:33,849 public comment period is over on March 13th we expect to 707 00:35:33,849 --> 00:35:34,840 have the final drafts 708 00:35:34,840 --> 00:35:37,840 completed on the 15th. We're currently scheduled to go to 709 00:35:37,840 --> 00:35:38,880 council on the 20th 710 00:35:38,880 --> 00:35:42,039 for a public hearing. We'll give the entire presentation we 711 00:35:42,039 --> 00:35:42,599 gave to planning 712 00:35:42,599 --> 00:35:45,989 and zoning at that council public hearing along with the 713 00:35:45,989 --> 00:35:46,400 all of the 714 00:35:46,400 --> 00:35:48,989 changes. We'll discuss all the changes at that meeting and 715 00:35:48,989 --> 00:35:49,760 then hopefully a 716 00:35:49,760 --> 00:35:52,239 couple days after that we'll be able to publish the final 717 00:35:52,239 --> 00:35:52,960 updates to the 718 00:35:52,960 --> 00:35:55,550 manuals and upload them to the website and start 719 00:35:55,550 --> 00:35:56,840 distributing them to the 720 00:35:56,840 --> 00:36:01,739 development community. So these are the major changes that 721 00:36:01,739 --> 00:36:02,159 happen to the 722 00:36:02,159 --> 00:36:04,849 drainage manual after the public comment period and after 723 00:36:04,849 --> 00:36:05,760 receiving your feedback 724 00:36:05,760 --> 00:36:09,929 at the last planning and zoning meeting. We received 53 725 00:36:09,929 --> 00:36:11,000 comments during the 726 00:36:11,000 --> 00:36:13,989 public comment period mostly from the Denton Community 727 00:36:13,989 --> 00:36:15,000 Development Alliance 728 00:36:15,000 --> 00:36:17,429 and then we received some good feedback from planning and 729 00:36:17,429 --> 00:36:19,360 zoning on January 24th. 730 00:36:19,360 --> 00:36:22,349 One of the things we didn't do the very first thing we 731 00:36:22,349 --> 00:36:23,519 wanted to do was define 732 00:36:23,519 --> 00:36:25,920 I-swim in the manual and we realized tonight right before 733 00:36:25,920 --> 00:36:26,639 this meeting that we 734 00:36:26,639 --> 00:36:29,760 didn't do that. We've actually made that change. Our 735 00:36:29,760 --> 00:36:31,000 consultant has that in his 736 00:36:31,000 --> 00:36:33,650 lap over there so that definitely will be incorporated into 737 00:36:33,650 --> 00:36:34,400 the final manual. I 738 00:36:34,400 --> 00:36:38,409 apologize about that. We also clarified the fence policy. 739 00:36:38,409 --> 00:36:38,880 These are the major 740 00:36:38,880 --> 00:36:41,280 changes in the in the drainage manual. We clarified the 741 00:36:41,280 --> 00:36:42,519 fence policy or we tried to. 742 00:36:42,519 --> 00:36:45,750 We hope we did that to your satisfaction. Basically the 743 00:36:45,750 --> 00:36:46,960 Denton development code 744 00:36:46,960 --> 00:36:49,949 describes some of our fence requirements and the 745 00:36:49,949 --> 00:36:51,519 development code now says that 746 00:36:51,519 --> 00:36:54,630 there's no fences allowed in drainage easements or in flood 747 00:36:54,630 --> 00:36:56,239 plains. That's been 748 00:36:56,239 --> 00:36:58,800 added to the development code. It didn't previously used to 749 00:36:58,800 --> 00:36:59,960 say flood plains. It 750 00:36:59,960 --> 00:37:02,760 just focused on drainage easements so that change has been 751 00:37:02,760 --> 00:37:03,340 made to the 752 00:37:03,340 --> 00:37:06,329 development code. No new fences in drainage easements or 753 00:37:06,329 --> 00:37:06,920 flood plains 754 00:37:06,920 --> 00:37:11,769 except where an exception is provided in the design 755 00:37:11,769 --> 00:37:13,360 criteria. So we did 756 00:37:13,360 --> 00:37:15,809 provide one exception in the design criteria and it 757 00:37:15,809 --> 00:37:16,880 basically says if there's 758 00:37:16,880 --> 00:37:20,429 a drainage easement that has a fully sized 100-year 759 00:37:20,429 --> 00:37:21,719 capacity underground 760 00:37:21,719 --> 00:37:24,250 storm drain in the easement then you can put any non mason 761 00:37:24,250 --> 00:37:25,880 ry fence across it. Go 762 00:37:25,880 --> 00:37:29,079 ahead. Question on that. I appreciate you all taking the 763 00:37:29,079 --> 00:37:29,920 comment and 764 00:37:29,920 --> 00:37:33,239 trying to address it. The question that I have when I read 765 00:37:33,239 --> 00:37:35,119 that it says further 766 00:37:35,119 --> 00:37:40,280 down in the exception that you can do that provided that 767 00:37:40,280 --> 00:37:42,679 there's not surface 768 00:37:42,679 --> 00:37:46,219 flow there and I think typically where those come into 769 00:37:46,219 --> 00:37:48,079 account is we're gonna 770 00:37:48,079 --> 00:37:51,730 have what's called overland relief situations wherever you 771 00:37:51,730 --> 00:37:52,719 have those pipe 772 00:37:52,719 --> 00:37:56,099 systems through normally through residential yards. So even 773 00:37:56,099 --> 00:37:56,760 though there's 774 00:37:56,760 --> 00:37:59,840 an exception there because of the overland relief 775 00:37:59,840 --> 00:38:00,880 requirement you're still 776 00:38:00,880 --> 00:38:04,750 not gonna be able to put a fence there even if it's knock 777 00:38:04,750 --> 00:38:05,360 out. That's how I... I 778 00:38:05,360 --> 00:38:08,349 guess you could look at it that way and the reason we are 779 00:38:08,349 --> 00:38:09,000 making that 780 00:38:09,000 --> 00:38:11,550 requirement that there has to be a 100-year design pipe 781 00:38:11,550 --> 00:38:12,199 underground is 782 00:38:12,199 --> 00:38:15,480 because we don't want to put a fence across a ditch that is 783 00:38:15,480 --> 00:38:16,199 required to 784 00:38:16,199 --> 00:38:19,739 carry some of that flow. So that's the whole reason for not 785 00:38:19,739 --> 00:38:21,039 wanting fences in 786 00:38:21,039 --> 00:38:24,469 overland flow ditch sort of situations because they 787 00:38:24,469 --> 00:38:26,280 obstruct the flow. They can 788 00:38:26,280 --> 00:38:28,929 be washed downstream during large storms and they could be 789 00:38:28,929 --> 00:38:29,679 debris that could 790 00:38:29,679 --> 00:38:32,449 cause damage downstream so we don't want fences in those 791 00:38:32,449 --> 00:38:33,679 locations but the intent 792 00:38:33,679 --> 00:38:37,179 of this exception was that if there is that pipe under the 793 00:38:37,179 --> 00:38:38,280 ground and if the 794 00:38:38,280 --> 00:38:41,570 surface really isn't for carrying any of the 100-year storm 795 00:38:41,570 --> 00:38:42,199 it's basically 796 00:38:42,199 --> 00:38:44,920 carried in that pipe then you can put your fence across it. 797 00:38:44,920 --> 00:38:45,440 So just a 798 00:38:45,440 --> 00:38:49,239 clarification I appreciate the clarification is that if it 799 00:38:49,239 --> 00:38:50,800 's a hundred 800 00:38:50,800 --> 00:38:54,150 your storm can be carried in the pipe but you still have to 801 00:38:54,150 --> 00:38:55,559 have the requirement 802 00:38:55,559 --> 00:38:58,030 for if there's a problem with the pipe you know something 803 00:38:58,030 --> 00:38:58,880 blocks up the curb 804 00:38:58,880 --> 00:39:01,980 inlet and you have to provide for overland relief which you 805 00:39:01,980 --> 00:39:03,440 have to do you 806 00:39:03,440 --> 00:39:06,539 all are gonna allow fences to be in that application or not 807 00:39:06,539 --> 00:39:09,199 ? I think you're sort 808 00:39:09,199 --> 00:39:13,119 of talking about a we cover that in this positive overflow 809 00:39:13,119 --> 00:39:15,639 situation that we talk 810 00:39:15,639 --> 00:39:18,679 about in the next bullet point but the intent generally is 811 00:39:18,679 --> 00:39:19,840 to allow fences 812 00:39:19,840 --> 00:39:22,829 across those drainage easements where there is an 813 00:39:22,829 --> 00:39:24,320 underground pipe system that's 814 00:39:24,320 --> 00:39:27,769 sized appropriately. Okay. I think I kind of understand 815 00:39:27,769 --> 00:39:29,119 what you're saying those 816 00:39:29,119 --> 00:39:31,070 pipe systems are going to be located in low points and 817 00:39:31,070 --> 00:39:32,039 there's going to be some 818 00:39:32,039 --> 00:39:36,210 overland flow but basically the intent is to allow fences 819 00:39:36,210 --> 00:39:37,519 across there if that 820 00:39:37,519 --> 00:39:41,690 pipe system exists. That's always a question that we I deal 821 00:39:41,690 --> 00:39:42,639 with constantly 822 00:39:42,639 --> 00:39:46,239 with clients. Yeah. We have a drainage pipe why can't I put 823 00:39:46,239 --> 00:39:46,840 a fence over it? 824 00:39:46,840 --> 00:39:49,860 Right. And so just trying to clarify I know Commissioner 825 00:39:49,860 --> 00:39:50,880 Ellis asked the same 826 00:39:50,880 --> 00:39:54,639 right it's a constant resident complaint concern and I 827 00:39:54,639 --> 00:39:56,079 appreciate you all trying 828 00:39:56,079 --> 00:39:59,269 to address it. We'll make sure it is allowed under those 829 00:39:59,269 --> 00:40:00,599 circumstances. Yes 830 00:40:00,599 --> 00:40:03,940 that's definitely the intent. Commissioner Beck. Thank you 831 00:40:03,940 --> 00:40:04,880 chair. Are we 832 00:40:04,880 --> 00:40:08,869 talking about privacy type fences or just fences? So these 833 00:40:08,869 --> 00:40:10,159 are privacy fences 834 00:40:10,159 --> 00:40:13,639 for homeowners is it? Okay okay so we're probably looking 835 00:40:13,639 --> 00:40:14,719 at wood fences then 836 00:40:14,719 --> 00:40:17,949 something that would because it seems like if we had chain 837 00:40:17,949 --> 00:40:19,320 link or even you 838 00:40:19,320 --> 00:40:23,760 know the metal fences that water can flow through. Right. 839 00:40:23,760 --> 00:40:24,760 It didn't seem like it'd 840 00:40:24,760 --> 00:40:28,159 be that big a deal but then I don't know. This allows any 841 00:40:28,159 --> 00:40:28,480 kind of 842 00:40:28,480 --> 00:40:31,710 fence across the drainage easement as long as that pipe 843 00:40:31,710 --> 00:40:32,800 system with a hundred 844 00:40:32,800 --> 00:40:36,800 year storm capacity is installed underground. Okay. And the 845 00:40:36,800 --> 00:40:37,239 panels are 846 00:40:37,239 --> 00:40:40,230 removable. Yes so we can get in there for maintenance 847 00:40:40,230 --> 00:40:43,440 purposes. The next major 848 00:40:43,440 --> 00:40:49,800 change was about the amount of water that's allowed to run 849 00:40:49,800 --> 00:40:50,360 stormwater that's 850 00:40:50,360 --> 00:40:52,829 allowed to discharge from a newly developed site and we've 851 00:40:52,829 --> 00:40:53,280 added the 852 00:40:53,280 --> 00:40:56,320 requirement that if the flow exceeds 3 CFS or if it's less 853 00:40:56,320 --> 00:40:57,679 than 300 CFS that it 854 00:40:57,679 --> 00:41:00,369 has to be put underground. That this is something that we 855 00:41:00,369 --> 00:41:01,079 've been implementing 856 00:41:01,079 --> 00:41:04,860 as part of the DRC process for a long long time. It just 857 00:41:04,860 --> 00:41:05,920 hasn't been described 858 00:41:05,920 --> 00:41:09,460 in our design criteria very well so we tried to implement 859 00:41:09,460 --> 00:41:10,599 that now as part of 860 00:41:10,599 --> 00:41:13,059 design criteria. In fact all of these policies the last 861 00:41:13,059 --> 00:41:13,960 three policies are 862 00:41:13,960 --> 00:41:16,159 things that we've been implementing for a long time but 863 00:41:16,159 --> 00:41:17,000 they just weren't 864 00:41:17,000 --> 00:41:20,300 described in the design criteria well. The next thing is 865 00:41:20,300 --> 00:41:21,599 about positive overflow 866 00:41:21,599 --> 00:41:24,179 areas. You may have sort of been talking about this. These 867 00:41:24,179 --> 00:41:24,940 positive overflow 868 00:41:24,940 --> 00:41:29,219 areas are low points in the road where there's an inlet at 869 00:41:29,219 --> 00:41:31,079 a low point and if 870 00:41:31,079 --> 00:41:34,559 that inlet were clogged water would pond and possibly flood 871 00:41:34,559 --> 00:41:35,440 structures around 872 00:41:35,440 --> 00:41:39,610 that inlet. So we require that an acceptable outfall area 873 00:41:39,610 --> 00:41:40,639 be identified 874 00:41:40,639 --> 00:41:43,630 for those areas and lately as part of the development 875 00:41:43,630 --> 00:41:44,599 process we've been 876 00:41:44,599 --> 00:41:47,269 asking and trying to implement and asking developers to 877 00:41:47,269 --> 00:41:48,119 install concrete 878 00:41:48,119 --> 00:41:51,579 flumes and easements behind these low point inlets that 879 00:41:51,579 --> 00:41:52,519 drain to an 880 00:41:52,519 --> 00:41:56,179 appropriate area to provide positive outflow in case the in 881 00:41:56,179 --> 00:41:56,880 lets are clogged. 882 00:41:56,880 --> 00:41:59,869 So that's what this is about. Again we've been implementing 883 00:41:59,869 --> 00:42:01,019 this as part of DRC 884 00:42:01,019 --> 00:42:04,010 for a long time. It just hasn't been described well in our 885 00:42:04,010 --> 00:42:05,420 criteria. That may 886 00:42:05,420 --> 00:42:09,360 be the clarification in the past they weren't concrete they 887 00:42:09,360 --> 00:42:10,320 were grass areas. 888 00:42:10,320 --> 00:42:13,019 So it seems like you can put a fence over it till you read 889 00:42:13,019 --> 00:42:13,880 that part that if 890 00:42:13,880 --> 00:42:17,480 it's... So this fences aren't allowed here because this is 891 00:42:17,480 --> 00:42:18,679 for the this is overland 892 00:42:18,679 --> 00:42:22,230 flow. This is identified for overland flow in those 893 00:42:22,230 --> 00:42:23,079 situations where the 894 00:42:23,079 --> 00:42:26,269 inlets are clogged and right that exception about the f 895 00:42:26,269 --> 00:42:27,039 encing doesn't 896 00:42:27,039 --> 00:42:29,400 apply for this situation. Right but if you're going to 897 00:42:29,400 --> 00:42:31,079 require to be concrete 898 00:42:31,079 --> 00:42:34,559 in all those situations and you can't put fences in them. 899 00:42:34,559 --> 00:42:35,880 Correct. This is an 900 00:42:35,880 --> 00:42:40,360 overland flow area. So we're trying we're trying to again 901 00:42:40,360 --> 00:42:40,840 with our fence 902 00:42:40,840 --> 00:42:45,300 policy we're trying to not allow obstructions to the flow 903 00:42:45,300 --> 00:42:46,320 where overland 904 00:42:46,320 --> 00:42:50,880 flow is is required where it is required but when there is 905 00:42:50,880 --> 00:42:51,599 an underground 906 00:42:51,599 --> 00:42:54,110 system where overland flow isn't required to carry any of 907 00:42:54,110 --> 00:42:54,800 the stormwater 908 00:42:54,800 --> 00:42:57,929 you can fence across it which hasn't really been the case 909 00:42:57,929 --> 00:42:58,920 in the past. So we 910 00:42:58,920 --> 00:43:03,940 are trying to make it more acceptable and flexible for 911 00:43:03,940 --> 00:43:06,360 fences. Okay. I'm not sure if 912 00:43:06,360 --> 00:43:09,050 we satisfied you. I still feel like you're unsatisfied. 913 00:43:09,050 --> 00:43:11,119 Well I just I can 914 00:43:11,119 --> 00:43:14,110 hear the comments coming in the future so okay anyway I 915 00:43:14,110 --> 00:43:14,960 appreciate you trying 916 00:43:14,960 --> 00:43:18,150 to I appreciate you taking the feedback and trying to do 917 00:43:18,150 --> 00:43:18,800 what you can. I 918 00:43:18,800 --> 00:43:22,440 understand public safety comes first. I totally agree with 919 00:43:22,440 --> 00:43:23,719 that. Right. And it's 920 00:43:23,719 --> 00:43:27,079 just I know it's just always been a sore issue for a lot of 921 00:43:27,079 --> 00:43:27,840 people in the past 922 00:43:27,840 --> 00:43:31,530 of can't put a fence in the yard and there's a 16-foot 923 00:43:31,530 --> 00:43:32,960 strip I can't mow it I 924 00:43:32,960 --> 00:43:35,099 mean I can't do anything with it but I got to mow it pay 925 00:43:35,099 --> 00:43:35,920 taxes on it I can't 926 00:43:35,920 --> 00:43:38,909 use it and you've heard it plenty of times too so just 927 00:43:38,909 --> 00:43:39,719 asking while we're 928 00:43:39,719 --> 00:43:42,710 talking about it. Okay. Thank you. And the next bullet 929 00:43:42,710 --> 00:43:43,760 point is also something 930 00:43:43,760 --> 00:43:46,030 we've been implementing for a long time as part of DRC it 931 00:43:46,030 --> 00:43:46,880 hasn't been described 932 00:43:46,880 --> 00:43:49,869 well in our design criteria and then it's about the FEMA 933 00:43:49,869 --> 00:43:51,039 shaded zone X areas 934 00:43:51,039 --> 00:43:54,170 on the firm panels these are shaded zone X areas that aren 935 00:43:54,170 --> 00:43:55,579 't really the the 500 936 00:43:55,579 --> 00:43:57,880 year areas that we don't really regulate in but these are 937 00:43:57,880 --> 00:43:58,920 the ones that have a 938 00:43:58,920 --> 00:44:01,960 small less than square mile drainage area and they're 939 00:44:01,960 --> 00:44:03,239 identified as shaded 940 00:44:03,239 --> 00:44:07,199 zone X areas on the flood map. As part of the DRC process 941 00:44:07,199 --> 00:44:09,039 we treat them as flood 942 00:44:09,039 --> 00:44:12,860 plain areas and we ask developers to process map to study 943 00:44:12,860 --> 00:44:14,079 them and process 944 00:44:14,079 --> 00:44:17,920 map revisions if required and go through the FEMA process 945 00:44:17,920 --> 00:44:19,159 and so we just wanted 946 00:44:19,159 --> 00:44:21,809 to clarify that in our design criteria something we've been 947 00:44:21,809 --> 00:44:22,559 doing for a long 948 00:44:22,559 --> 00:44:26,019 time through DRC but it's never been described well in our 949 00:44:26,019 --> 00:44:28,880 design criteria. 950 00:44:33,360 --> 00:44:36,900 Good evening everyone my name is Preetam Deshmukh I'm the 951 00:44:36,900 --> 00:44:37,880 traffic engineer for 952 00:44:37,880 --> 00:44:41,159 the city and I'll be talking about what happened with the 953 00:44:41,159 --> 00:44:41,679 transportation 954 00:44:41,679 --> 00:44:47,559 criteria manual we back when we came to this commission 955 00:44:47,559 --> 00:44:49,480 before since then we met 956 00:44:49,480 --> 00:44:52,980 with as Chad mentioned we met with the Dent Community 957 00:44:52,980 --> 00:44:55,000 Development Alliance and 958 00:44:55,000 --> 00:44:59,349 received approximately 37 comments during that period and 959 00:44:59,349 --> 00:45:00,360 majority of the 960 00:45:00,360 --> 00:45:04,909 comments were more of clarification or you know some more 961 00:45:04,909 --> 00:45:06,639 information that was 962 00:45:06,639 --> 00:45:10,050 missing in in the manual it wasn't clear enough and we've 963 00:45:10,050 --> 00:45:11,400 responded to all the 964 00:45:11,400 --> 00:45:15,869 comments there in the backup and the major changes related 965 00:45:15,869 --> 00:45:17,239 to truck turning 966 00:45:17,239 --> 00:45:21,409 radiuses on driveways and where they would be applicable 967 00:45:21,409 --> 00:45:21,960 some of the 968 00:45:21,960 --> 00:45:24,949 commercial driveways don't require them such as offices 969 00:45:24,949 --> 00:45:26,039 some of them require so 970 00:45:26,039 --> 00:45:29,030 we have that discussion there were also some clarification 971 00:45:29,030 --> 00:45:29,880 regarding parking 972 00:45:29,880 --> 00:45:33,679 spaces the criteria manual had slightly different 973 00:45:33,679 --> 00:45:36,719 notifications compared to the 974 00:45:36,719 --> 00:45:41,800 development code and we clarified that when that type of 975 00:45:41,800 --> 00:45:42,480 dimensions were 976 00:45:42,480 --> 00:45:48,349 allowed additionally we explained more on driveway spacings 977 00:45:48,349 --> 00:45:49,159 there were some 978 00:45:49,159 --> 00:45:53,530 information that was missing and I want to point out them 979 00:45:53,530 --> 00:45:54,760 the most important 980 00:45:54,760 --> 00:45:57,530 comment was pre-development meeting there was a lot of 981 00:45:57,530 --> 00:45:59,000 questions about when 982 00:45:59,000 --> 00:46:02,039 do we find out when the traffic studies needed when do we 983 00:46:02,039 --> 00:46:03,239 find out what kind of 984 00:46:03,239 --> 00:46:06,500 impacts I'm gonna have when do we find out how much am I 985 00:46:06,500 --> 00:46:08,000 responsible for so 986 00:46:08,000 --> 00:46:12,239 definitely we've laid in notes and try to make it as clear 987 00:46:12,239 --> 00:46:14,039 as possible that 988 00:46:14,039 --> 00:46:17,809 when you get together during pre-development meetings we 989 00:46:17,809 --> 00:46:18,559 talk about 990 00:46:18,559 --> 00:46:22,269 what kind of plans you have and come up with the scoping 991 00:46:22,269 --> 00:46:23,760 for the traffic impact 992 00:46:23,760 --> 00:46:26,750 analysis and there was some clarification about the round 993 00:46:26,750 --> 00:46:27,239 about designs 994 00:46:27,239 --> 00:46:31,750 these are our main comments and at this time we do 995 00:46:31,750 --> 00:46:33,519 recommend good 996 00:46:33,519 --> 00:46:37,320 commissioner Ellis thank you chair with regard to the 997 00:46:37,320 --> 00:46:38,960 traffic impact analysis 998 00:46:38,960 --> 00:46:42,210 and I did see your line in there about it being it should 999 00:46:42,210 --> 00:46:43,440 be scheduled at the 1000 00:46:43,440 --> 00:46:46,429 same time as pre-development meeting which is great then 1001 00:46:46,429 --> 00:46:47,760 you added a point 1002 00:46:47,760 --> 00:46:53,030 that I have a question about just for its clarity it talks 1003 00:46:53,030 --> 00:46:54,599 about developments 1004 00:46:54,599 --> 00:47:02,940 that have are pending recently approved and it talks about 1005 00:47:02,940 --> 00:47:04,440 that located 1006 00:47:04,440 --> 00:47:07,590 adjacent to the site that we're gonna be talking about or 1007 00:47:07,590 --> 00:47:11,159 in close proximity do 1008 00:47:11,159 --> 00:47:13,750 we want to define that better than mentioning in close 1009 00:47:13,750 --> 00:47:14,800 proximity what does 1010 00:47:14,800 --> 00:47:25,519 that even mean so what happens is that proximity is defined 1011 00:47:25,519 --> 00:47:27,159 based on the type 1012 00:47:27,159 --> 00:47:30,260 of project the size of project say for example there is a 1013 00:47:30,260 --> 00:47:31,360 huge project coming 1014 00:47:31,360 --> 00:47:34,400 in large development four or five hundred homes the the 1015 00:47:34,400 --> 00:47:36,079 study area goes 1016 00:47:36,079 --> 00:47:40,250 beyond a certain level so we look at larger circulation 1017 00:47:40,250 --> 00:47:41,559 network we look at 1018 00:47:41,559 --> 00:47:45,250 larger scope we look at more intersections that will be 1019 00:47:45,250 --> 00:47:46,119 impacted and 1020 00:47:46,119 --> 00:47:49,659 based on that now we define that that would be our area and 1021 00:47:49,659 --> 00:47:50,679 then we'll pick 1022 00:47:50,679 --> 00:47:54,130 whatever is adjacent to the area so if we corner ourselves 1023 00:47:54,130 --> 00:47:55,079 saying within 1024 00:47:55,079 --> 00:47:58,460 quarter mile or half mile it's not fair for smaller 1025 00:47:58,460 --> 00:48:00,119 developments it's not fair 1026 00:48:00,119 --> 00:48:03,690 for larger to that it's kind of a and I guess I understand 1027 00:48:03,690 --> 00:48:04,800 where you're coming 1028 00:48:04,800 --> 00:48:08,969 from but it this is a criteria manual for a developer to 1029 00:48:08,969 --> 00:48:09,840 look at this doesn't 1030 00:48:09,840 --> 00:48:14,110 really say anything to them about what's expected about you 1031 00:48:14,110 --> 00:48:15,480 mean the way it reads 1032 00:48:15,480 --> 00:48:17,820 is okay development plus recently approved or pending 1033 00:48:17,820 --> 00:48:18,880 development which is 1034 00:48:18,880 --> 00:48:22,590 not yet but construction located adjacent to the site and 1035 00:48:22,590 --> 00:48:23,360 or in close 1036 00:48:23,360 --> 00:48:27,530 proximity it's just I mean you I guess it leaves you open 1037 00:48:27,530 --> 00:48:28,440 to say anything to them 1038 00:48:28,440 --> 00:48:33,130 so this is part of the comment that we tried to address 1039 00:48:33,130 --> 00:48:34,719 from from PNC I think 1040 00:48:34,719 --> 00:48:38,260 PNC was worried that we were approving all these different 1041 00:48:38,260 --> 00:48:39,360 plants and all these 1042 00:48:39,360 --> 00:48:42,989 different new land uses coming in play and what are we 1043 00:48:42,989 --> 00:48:44,039 doing as far as 1044 00:48:44,039 --> 00:48:47,679 something that's already proved that may or may not happen 1045 00:48:47,679 --> 00:48:48,880 but should be 1046 00:48:48,880 --> 00:48:51,869 considered if for the next developer to come in because 1047 00:48:51,869 --> 00:48:53,000 that traffic will be 1048 00:48:53,000 --> 00:48:56,760 added and no one's looking at that traffic so as part of 1049 00:48:56,760 --> 00:48:57,960 addressing that 1050 00:48:57,960 --> 00:49:02,440 particular issue is we came up with this requirement that 1051 00:49:02,440 --> 00:49:03,880 once the developer 1052 00:49:03,880 --> 00:49:07,429 comes in and discusses about the traffic study we as as a 1053 00:49:07,429 --> 00:49:09,320 city staff will look 1054 00:49:09,320 --> 00:49:12,000 at other development that I'll work with planning to get 1055 00:49:12,000 --> 00:49:13,159 other developments that 1056 00:49:13,159 --> 00:49:15,989 have been recently approved and add that traffic to the 1057 00:49:15,989 --> 00:49:17,000 system so we're talking 1058 00:49:17,000 --> 00:49:20,489 in terms of traffic to the system not necessarily the 1059 00:49:20,489 --> 00:49:21,880 development itself that 1060 00:49:21,880 --> 00:49:24,269 all the other developments we don't care but the traffic 1061 00:49:24,269 --> 00:49:25,239 that's going to be on 1062 00:49:25,239 --> 00:49:29,469 the network is considered as background traffic and then 1063 00:49:29,469 --> 00:49:30,460 the new project will 1064 00:49:30,460 --> 00:49:33,449 add more time yeah and I definitely understand the need for 1065 00:49:33,449 --> 00:49:34,360 it I just I 1066 00:49:34,360 --> 00:49:37,400 don't like the way that it's written okay we can clarify a 1067 00:49:37,400 --> 00:49:38,239 little bit more I 1068 00:49:38,239 --> 00:49:43,139 just yeah close proximity just doesn't do anything for me I 1069 00:49:43,139 --> 00:49:44,360 mean it is that a 1070 00:49:44,360 --> 00:49:50,679 quarter mile a mile say we can say within the approved 1071 00:49:50,679 --> 00:49:52,400 study area within the 1072 00:49:52,400 --> 00:49:56,239 decided study area yeah okay I'll read it a little bit more 1073 00:49:56,239 --> 00:49:57,800 okay thank you okay 1074 00:49:57,800 --> 00:50:05,690 change it any other questions so moving forward we 1075 00:50:05,690 --> 00:50:09,400 recommend approval of these 1076 00:50:09,400 --> 00:50:13,000 design criteria manuals both strong order design criteria 1077 00:50:13,000 --> 00:50:13,599 manual and 1078 00:50:13,599 --> 00:50:17,230 transportation design curriculum after final input from the 1079 00:50:17,230 --> 00:50:18,519 community and final 1080 00:50:18,519 --> 00:50:21,039 revisions 1081 00:50:28,800 --> 00:50:31,380 Commissioner Osello thank you chair just so I understand 1082 00:50:31,380 --> 00:50:35,000 the recommendation 1083 00:50:35,000 --> 00:50:38,980 process tonight there would be a motion for approval but 1084 00:50:38,980 --> 00:50:40,760 there's still two steps 1085 00:50:40,760 --> 00:50:43,530 to be done with public comment and final revisions so we 1086 00:50:43,530 --> 00:50:44,639 would be approving a 1087 00:50:44,639 --> 00:50:47,309 document that we would not see the final revisions to 1088 00:50:47,309 --> 00:50:48,480 before recommending 1089 00:50:48,480 --> 00:50:48,480 approval of you will be recommending approval to council 1090 00:50:48,480 --> 00:50:54,920 and council will be 1091 00:50:54,920 --> 00:50:58,269 hosting a public meeting that's a public meeting there 1092 00:50:58,269 --> 00:50:59,679 could be comments at that 1093 00:50:59,679 --> 00:51:04,079 point so it's that whole process where council is the final 1094 00:51:04,079 --> 00:51:05,599 authority approving 1095 00:51:05,599 --> 00:51:09,230 the final document but in this current form as it's 1096 00:51:09,230 --> 00:51:10,360 addressed you're 1097 00:51:10,360 --> 00:51:15,139 recommending approval I think understand that but when we 1098 00:51:15,139 --> 00:51:17,000 recommend approval it's 1099 00:51:17,000 --> 00:51:21,360 possible for council not to get the same copy that we have 1100 00:51:21,360 --> 00:51:22,760 since final revisions 1101 00:51:22,760 --> 00:51:26,719 could still be added correct okay 1102 00:51:31,320 --> 00:51:32,599 I'll have another question and kind of backtrack to 1103 00:51:32,599 --> 00:51:35,679 Commissioner Ellis on the 1104 00:51:35,679 --> 00:51:44,719 TIA and another city has got a requirement of a certain 1105 00:51:44,719 --> 00:51:46,559 traffic study 1106 00:51:46,559 --> 00:51:49,780 that they have to keep current if for some reason that's 1107 00:51:49,780 --> 00:51:51,000 not current and you 1108 00:51:51,000 --> 00:51:54,449 have a project coming on at what point is it the 1109 00:51:54,449 --> 00:51:56,679 responsibility of developers 1110 00:51:56,679 --> 00:52:00,260 to go and fill in those gaps I think it should be kind of 1111 00:52:00,260 --> 00:52:01,719 Commissioner else's 1112 00:52:01,719 --> 00:52:04,710 point is that there's a certain area that they should fill 1113 00:52:04,710 --> 00:52:05,599 in and if the maps 1114 00:52:05,599 --> 00:52:09,280 aren't current or there's information missing is there 1115 00:52:09,280 --> 00:52:09,960 anything in this 1116 00:52:09,960 --> 00:52:13,099 document that says if it's not current it's not the 1117 00:52:13,099 --> 00:52:14,760 developers responsibility 1118 00:52:14,760 --> 00:52:18,050 to bring it and make it current the city brings it current 1119 00:52:18,050 --> 00:52:19,239 and then they do their 1120 00:52:19,239 --> 00:52:23,960 certain area that makes sense yeah I think the city has its 1121 00:52:23,960 --> 00:52:25,840 own traffic model 1122 00:52:25,840 --> 00:52:29,309 that it's gonna keep up and current depending on whatever 1123 00:52:29,309 --> 00:52:30,320 planning approves 1124 00:52:30,320 --> 00:52:34,690 moving forward whatever types of plan uses are approved so 1125 00:52:34,690 --> 00:52:35,719 city will keep up 1126 00:52:35,719 --> 00:52:38,719 keep the background traffic information the developer is 1127 00:52:38,719 --> 00:52:39,880 only responsible for 1128 00:52:39,880 --> 00:52:43,559 his piece and the city will provide the background 1129 00:52:43,559 --> 00:52:44,119 information I know y'all are 1130 00:52:44,119 --> 00:52:48,110 catching up a lot of that we are and then don't get too far 1131 00:52:48,110 --> 00:52:49,559 behind the layers 1132 00:52:49,559 --> 00:52:53,420 of the onion but I know once it's caught up it shouldn't be 1133 00:52:53,420 --> 00:52:54,719 an issue but if for 1134 00:52:54,719 --> 00:53:00,940 some reason in the future it's not current there needs to 1135 00:53:00,940 --> 00:53:01,719 be something in 1136 00:53:01,719 --> 00:53:05,889 there that it's not the private developers responsibility 1137 00:53:05,889 --> 00:53:06,639 to get that 1138 00:53:06,639 --> 00:53:09,090 current if the city hasn't maintained it and kept it 1139 00:53:09,090 --> 00:53:10,679 current I think that should 1140 00:53:10,679 --> 00:53:15,679 be the city's responsibility to do that not the developers 1141 00:53:15,679 --> 00:53:16,440 like that but I I 1142 00:53:16,440 --> 00:53:19,780 believe that's always been the case that's really it's not 1143 00:53:19,780 --> 00:53:20,400 developers 1144 00:53:20,400 --> 00:53:24,150 responsibility look keep everything current I agree with 1145 00:53:24,150 --> 00:53:25,760 that and I'll just 1146 00:53:25,760 --> 00:53:28,750 leave my comment and we'll leave it there Commissioner Beck 1147 00:53:28,750 --> 00:53:30,159 actually this a lot 1148 00:53:30,159 --> 00:53:32,329 of this goes over my head but in relationship to 1149 00:53:32,329 --> 00:53:33,519 Commissioner Ellis's 1150 00:53:33,519 --> 00:53:38,280 and Chair strange these kind of details that are important 1151 00:53:38,280 --> 00:53:39,480 granted would these 1152 00:53:39,480 --> 00:53:42,760 not be the things you would discuss in the pre-development 1153 00:53:42,760 --> 00:53:43,800 meeting you know 1154 00:53:43,800 --> 00:53:46,789 when you want to narrow it down you're not going forward 1155 00:53:46,789 --> 00:53:47,599 until you have that 1156 00:53:47,599 --> 00:53:51,340 meeting and at that meeting that close proximity would be 1157 00:53:51,340 --> 00:53:52,400 defined then is that 1158 00:53:52,400 --> 00:53:57,039 correct correct okay that's exactly what it is for okay 1159 00:53:57,039 --> 00:53:58,440 thank you I guess I'd make 1160 00:53:58,440 --> 00:54:00,989 a comment back Commissioner Beck it's not so much as 1161 00:54:00,989 --> 00:54:04,519 defined it's who defines it 1162 00:54:06,039 --> 00:54:10,010 and I think it's if it's clearly written here it's a city 1163 00:54:10,010 --> 00:54:11,480 traffic engineer and 1164 00:54:11,480 --> 00:54:15,349 the city engineer both are responsible to define and 1165 00:54:15,349 --> 00:54:17,400 identify and the developer 1166 00:54:17,400 --> 00:54:21,570 would have no saying that no we will work with the 1167 00:54:21,570 --> 00:54:23,679 developers okay yeah it's 1168 00:54:23,679 --> 00:54:28,219 not that this document we were trying to become we've tried 1169 00:54:28,219 --> 00:54:28,960 to make it more 1170 00:54:28,960 --> 00:54:33,190 flexible okay depending on the type of development so 1171 00:54:33,190 --> 00:54:34,159 probably getting in on 1172 00:54:34,159 --> 00:54:42,000 ultimately traffic engineer and city engineer decide a 1173 00:54:42,000 --> 00:54:44,480 question that comes to 1174 00:54:44,480 --> 00:54:48,719 mind on the pre-development meetings I'm glad to hear that 1175 00:54:48,719 --> 00:54:50,440 some of the comments 1176 00:54:50,440 --> 00:54:54,800 and some of the requirements will be handled in that is the 1177 00:54:54,800 --> 00:54:55,159 pre-development 1178 00:54:55,159 --> 00:54:59,150 meeting are there any changes going into that and that may 1179 00:54:59,150 --> 00:55:00,320 be outside this purview 1180 00:55:00,320 --> 00:55:03,949 that there are written comments that come out of those are 1181 00:55:03,949 --> 00:55:05,079 those gonna be in 1182 00:55:05,079 --> 00:55:07,840 writing that you have a pre-development meeting all these 1183 00:55:07,840 --> 00:55:08,920 things are presented 1184 00:55:08,920 --> 00:55:14,150 and then there's a written response from the city that you 1185 00:55:14,150 --> 00:55:15,360 hand and say okay 1186 00:55:15,360 --> 00:55:19,710 here's all the items and you meet these criteria and you 1187 00:55:19,710 --> 00:55:21,800 walk out because that 1188 00:55:21,800 --> 00:55:26,860 necessarily hasn't been the case I think it's been more of 1189 00:55:26,860 --> 00:55:29,639 a conversation and 1190 00:55:29,639 --> 00:55:33,119 again I think this may be outside and getting a little bit 1191 00:55:33,119 --> 00:55:34,239 deeper of just the 1192 00:55:34,239 --> 00:55:37,699 transportation criteria manual but if it's going to be 1193 00:55:37,699 --> 00:55:38,880 comments that are 1194 00:55:38,880 --> 00:55:43,050 binding is there a procedure that those come in writing 1195 00:55:43,050 --> 00:55:44,880 they can and we can 1196 00:55:44,880 --> 00:55:48,590 include something like that and I could really add more to 1197 00:55:48,590 --> 00:55:50,159 that one of the 1198 00:55:50,159 --> 00:55:53,969 changes we're looking at doing is as part of a really 1199 00:55:53,969 --> 00:55:54,920 calling it a 1200 00:55:54,920 --> 00:55:59,820 pre-application meeting okay making sure though looking at 1201 00:55:59,820 --> 00:56:00,599 we don't want to we 1202 00:56:00,599 --> 00:56:03,960 don't want to blur the lines with respect to vesting but we 1203 00:56:03,960 --> 00:56:04,599 do want to 1204 00:56:04,599 --> 00:56:11,760 give what I was calling a determination of of review and 1205 00:56:11,760 --> 00:56:13,239 basically what that 1206 00:56:13,239 --> 00:56:16,559 would what that means is after that meeting you'll get a 1207 00:56:16,559 --> 00:56:17,719 letter basically 1208 00:56:17,719 --> 00:56:21,710 outlining all of the specific requirements you need to do a 1209 00:56:21,710 --> 00:56:22,480 TIA your 1210 00:56:22,480 --> 00:56:26,840 traffic shed is within a half mile plus you know whatever 1211 00:56:26,840 --> 00:56:28,719 that way when when an 1212 00:56:28,719 --> 00:56:31,090 applicant comes and submits their application they're not 1213 00:56:31,090 --> 00:56:31,559 shuffling 1214 00:56:31,559 --> 00:56:36,159 through a multitude of checklists that that determination 1215 00:56:36,159 --> 00:56:37,679 of review is really 1216 00:56:37,679 --> 00:56:40,670 your checklist so if that's if you've submitted everything 1217 00:56:40,670 --> 00:56:41,599 on that list your 1218 00:56:41,599 --> 00:56:43,630 application would be deemed complete and then start the 1219 00:56:43,630 --> 00:56:44,840 review process but these 1220 00:56:44,840 --> 00:56:50,719 are things that we're working on in the process okay I'll 1221 00:56:50,719 --> 00:56:52,239 say maybe we'll talk 1222 00:56:52,239 --> 00:56:56,590 later I have to say everybody's spare the Jim strange brain 1223 00:56:56,590 --> 00:56:58,119 damage so any 1224 00:56:58,119 --> 00:57:04,369 other comments for our questions for pre temp thank you 1225 00:57:04,369 --> 00:57:06,360 guys I appreciate you 1226 00:57:06,360 --> 00:57:11,019 okay I think that takes care of all the items that we have 1227 00:57:11,019 --> 00:57:12,239 on work session 1228 00:57:12,239 --> 00:57:16,409 anybody have anything else before close we'll close our 1229 00:57:16,409 --> 00:57:18,159 work session at six 1230 00:57:18,159 --> 00:57:22,400 o'clock and we will reconvene in council chambers at 630 1231 00:57:22,400 --> 00:57:23,559 for those that were 1232 00:57:23,559 --> 00:57:27,719 asking questions earlier about 1233 00:57:30,840 --> 00:57:33,829 good evening and welcome to the city of Denton planning and 1234 00:57:33,829 --> 00:57:35,079 zoning commission 1235 00:57:35,079 --> 00:57:40,079 meeting for March 7 2018 this meeting has been duly posted 1236 00:57:40,079 --> 00:57:40,800 and we do have a 1237 00:57:40,800 --> 00:57:45,369 quorum present and I'll call us to order at 635 our first 1238 00:57:45,369 --> 00:57:46,599 order of business will 1239 00:57:46,599 --> 00:57:51,000 be to stand and give the pledge the US and the Texas flag 1240 00:58:10,800 --> 00:58:17,730 honor the Texas flag I pledge allegiance to the Texas one 1241 00:58:17,730 --> 00:58:19,519 state under God one 1242 00:58:19,519 --> 00:58:22,519 and indivisible 1243 00:58:36,719 --> 00:58:40,889 the next item on our agenda will be to consider the minutes 1244 00:58:40,889 --> 00:58:42,480 for February 21st 1245 00:58:42,480 --> 00:58:46,650 Commissioner Smith motion to approve Commissioner Ellis 1246 00:58:46,650 --> 00:58:48,480 second okay any 1247 00:58:48,480 --> 00:58:54,880 comments seeing none will call for a vote on the board 1248 00:59:00,079 --> 00:59:06,449 okay motion to approve carry six to zero will take us to 1249 00:59:06,449 --> 00:59:08,800 our consent agenda 1250 00:59:09,800 --> 00:59:12,559 Commissioner Ellis thank you chair I move to approve our 1251 00:59:12,559 --> 00:59:13,639 item in the consent 1252 00:59:13,639 --> 00:59:17,809 agenda okay Commissioner Smith I second okay we have a 1253 00:59:17,809 --> 00:59:19,039 first and a second for 1254 00:59:19,039 --> 00:59:25,039 approval any discussion seeing none call for a vote on the 1255 00:59:25,039 --> 00:59:27,239 board 1256 00:59:31,079 --> 00:59:36,539 the motion carries six to zero we'll move us to item four 1257 00:59:36,539 --> 00:59:38,800 our items for 1258 00:59:38,800 --> 00:59:43,880 individual consideration I will call on Chad Allen for 1259 00:59:43,880 --> 00:59:46,480 presentation on PZ 18 - 1260 00:59:46,480 --> 00:59:55,510 049 good evening chair commissioners I'm Chad Allen deputy 1261 00:59:55,510 --> 00:59:57,840 city engineer in 1262 00:59:57,840 --> 01:00:01,159 charge of capital project delivery and tonight I and pre-t 1263 01:00:01,159 --> 01:00:02,079 am our traffic 1264 01:00:02,079 --> 01:00:04,750 engineer will discuss the drainage and transportation 1265 01:00:04,750 --> 01:00:05,960 design criteria manuals 1266 01:00:05,960 --> 01:00:08,659 update for a presentation tonight we're going to focus on 1267 01:00:08,659 --> 01:00:09,599 the changes that have 1268 01:00:09,599 --> 01:00:12,780 been made to the manuals because of public comment and PNC 1269 01:00:12,780 --> 01:00:14,119 feedback since the 1270 01:00:14,119 --> 01:00:16,579 last presentation to the planning and zoning Commission and 1271 01:00:16,579 --> 01:00:17,320 that happened on 1272 01:00:17,320 --> 01:00:22,300 January 24th so we're asking you to provide any comments or 1273 01:00:22,300 --> 01:00:23,280 accept comments 1274 01:00:23,280 --> 01:00:26,820 from the public and then hopefully to recommend approval of 1275 01:00:26,820 --> 01:00:27,440 the design 1276 01:00:27,440 --> 01:00:29,739 criteria manuals to City Council during this meeting and 1277 01:00:29,739 --> 01:00:30,559 the manuals we're 1278 01:00:30,559 --> 01:00:32,880 talking about are the drainage design criteria manual and 1279 01:00:32,880 --> 01:00:33,800 the transportation 1280 01:00:33,800 --> 01:00:37,969 design criteria manual so this is what's happened since the 1281 01:00:37,969 --> 01:00:39,719 last time we discussed 1282 01:00:39,719 --> 01:00:43,480 this with PNC we our last PNC meeting was on January 24th 1283 01:00:43,480 --> 01:00:44,519 at that time we were 1284 01:00:44,519 --> 01:00:48,150 going through a 30-day public comment period in early 1285 01:00:48,150 --> 01:00:49,639 February we also met 1286 01:00:49,639 --> 01:00:52,889 with a development community about both manuals we met with 1287 01:00:52,889 --> 01:00:54,239 them on February 6th 1288 01:00:54,239 --> 01:00:56,820 about the drainage design criteria manual and on February 1289 01:00:56,820 --> 01:00:57,719 13th about the 1290 01:00:57,719 --> 01:01:00,710 transportation design criteria manual and specifically when 1291 01:01:00,710 --> 01:01:01,360 we met with the 1292 01:01:01,360 --> 01:01:04,679 Denton Community Development Alliance during both of those 1293 01:01:04,679 --> 01:01:05,559 meetings and we 1294 01:01:05,559 --> 01:01:08,550 received a lot of feedback from them about the manuals 1295 01:01:08,550 --> 01:01:09,679 after that we've 1296 01:01:09,679 --> 01:01:12,449 incorporated a lot of their comments into the manuals and 1297 01:01:12,449 --> 01:01:13,360 or we revised the 1298 01:01:13,360 --> 01:01:16,030 drafts of the manuals by March 1st and then we started 1299 01:01:16,030 --> 01:01:17,199 another public comment 1300 01:01:17,199 --> 01:01:21,030 period a seven-day public comment period yesterday on March 1301 01:01:21,030 --> 01:01:22,239 6th tonight we're 1302 01:01:22,239 --> 01:01:25,369 presenting for your consideration and approval hopefully 1303 01:01:25,369 --> 01:01:26,880 and then after the 1304 01:01:26,880 --> 01:01:30,059 public comment period is over on March 13th we anticipate 1305 01:01:30,059 --> 01:01:30,960 to have the final 1306 01:01:30,960 --> 01:01:34,420 draft completed by March 15th and we're currently scheduled 1307 01:01:34,420 --> 01:01:35,199 to go to council 1308 01:01:35,199 --> 01:01:39,219 for a public hearing on March 20th to talk about the manual 1309 01:01:39,219 --> 01:01:40,119 s after that a 1310 01:01:40,119 --> 01:01:43,159 couple days later we hope to publish the final updates and 1311 01:01:43,159 --> 01:01:44,320 update and upload the 1312 01:01:44,320 --> 01:01:47,309 manuals to the website and then start to send them out to 1313 01:01:47,309 --> 01:01:48,239 the development 1314 01:01:48,239 --> 01:01:51,869 community for use we're just talking about the changes 1315 01:01:51,869 --> 01:01:53,119 since the last PNZ 1316 01:01:53,119 --> 01:01:56,219 meeting these are the major changes that happen a lot of 1317 01:01:56,219 --> 01:01:57,159 most of these are for 1318 01:01:57,159 --> 01:02:00,469 public comment and then we also received feedback from PNZ 1319 01:02:00,469 --> 01:02:02,480 on the 24th about the 1320 01:02:02,480 --> 01:02:06,050 drainage manual we received 53 comments mostly from the 1321 01:02:06,050 --> 01:02:06,920 Denton Community 1322 01:02:06,920 --> 01:02:09,550 Development Alliance and we provided responses to all of 1323 01:02:09,550 --> 01:02:10,400 those comments in 1324 01:02:10,400 --> 01:02:14,579 your backup some of the major changes we made were we tried 1325 01:02:14,579 --> 01:02:16,159 to clarify the fence 1326 01:02:16,159 --> 01:02:18,889 policy basically we are asking that no new fences are 1327 01:02:18,889 --> 01:02:19,920 placed in drainage 1328 01:02:19,920 --> 01:02:23,469 easements or in flood plains unless an exception is 1329 01:02:23,469 --> 01:02:25,119 provided in the design 1330 01:02:25,119 --> 01:02:28,880 criteria manual and basically that exception is if there's 1331 01:02:28,880 --> 01:02:29,000 a direct if 1332 01:02:29,000 --> 01:02:31,000 there's a drainage easement and in that drainage easement 1333 01:02:31,000 --> 01:02:32,519 there's a 100-year 1334 01:02:32,519 --> 01:02:35,840 storm designed full capacity underground storm drain system 1335 01:02:35,840 --> 01:02:36,559 located in that 1336 01:02:36,559 --> 01:02:40,230 easement then any non-Masonry fence would be allowed to 1337 01:02:40,230 --> 01:02:41,159 cross that easement 1338 01:02:41,159 --> 01:02:44,800 as long as it has knockout panels three other things we've 1339 01:02:44,800 --> 01:02:45,800 added are are 1340 01:02:45,800 --> 01:02:49,079 basically items that we've been implementing as part of the 1341 01:02:49,079 --> 01:02:49,599 development 1342 01:02:49,599 --> 01:02:52,179 process for a long time but they've just never been clearly 1343 01:02:52,179 --> 01:02:53,000 described in the 1344 01:02:53,000 --> 01:02:55,659 development code or the design criteria manual so we're 1345 01:02:55,659 --> 01:02:56,719 trying to get those in 1346 01:02:56,719 --> 01:03:00,260 right now as part of the update first one is a limit of the 1347 01:03:00,260 --> 01:03:01,199 discharge from 1348 01:03:01,199 --> 01:03:06,110 newly developed sites of stormwater of 3 CFS or less if it 1349 01:03:06,110 --> 01:03:08,000 's greater than 3 CFS 1350 01:03:08,000 --> 01:03:10,840 or less than 300 cubic feet per second then we're asking 1351 01:03:10,840 --> 01:03:11,760 for it to be placed in 1352 01:03:11,760 --> 01:03:14,230 an underground storm drain system again this is something 1353 01:03:14,230 --> 01:03:15,320 we currently implement 1354 01:03:15,320 --> 01:03:18,780 through DRC but it wasn't really described well in our 1355 01:03:18,780 --> 01:03:19,840 design criteria 1356 01:03:19,840 --> 01:03:23,260 manual the second one is about flumes and easements that 1357 01:03:23,260 --> 01:03:23,840 are associated with 1358 01:03:23,840 --> 01:03:27,159 positive overflow areas these are areas at inlets that are 1359 01:03:27,159 --> 01:03:28,480 located in low points 1360 01:03:28,480 --> 01:03:31,469 of streets and we have been asking as part of the DRC 1361 01:03:31,469 --> 01:03:32,679 process and we have been 1362 01:03:32,679 --> 01:03:35,670 implementing that developers provide a concrete flume and 1363 01:03:35,670 --> 01:03:36,639 an easement in these 1364 01:03:36,639 --> 01:03:40,809 overflow areas so that stormwater can if the inlet is clog 1365 01:03:40,809 --> 01:03:41,599 ged storm water can 1366 01:03:41,599 --> 01:03:44,590 flowing along a certain path to an acceptable outfall 1367 01:03:44,590 --> 01:03:45,559 location so again 1368 01:03:45,559 --> 01:03:47,809 we've been implementing this and now we're just trying to 1369 01:03:47,809 --> 01:03:48,440 get it into the 1370 01:03:48,440 --> 01:03:52,610 design criteria and then finally we're adding the fact that 1371 01:03:52,610 --> 01:03:54,079 FEMA shaded zone X 1372 01:03:54,079 --> 01:04:01,750 areas on firm panels are required to be possibly FEMA map 1373 01:04:01,750 --> 01:04:02,320 provisions are 1374 01:04:02,320 --> 01:04:05,469 required if developers want to reclaim those areas or 1375 01:04:05,469 --> 01:04:06,880 reclaim the floodplain 1376 01:04:06,880 --> 01:04:10,760 associated with the FEMA shaded zone X areas and there's a 1377 01:04:10,760 --> 01:04:11,119 couple different 1378 01:04:11,119 --> 01:04:13,489 shaded zone X areas on the firm panels there's those that 1379 01:04:13,489 --> 01:04:14,440 are associated with 1380 01:04:14,440 --> 01:04:17,039 the 500 year storm event and we don't regulate those and 1381 01:04:17,039 --> 01:04:17,960 then there are those 1382 01:04:17,960 --> 01:04:21,119 that are associated with minor watersheds that are less 1383 01:04:21,119 --> 01:04:21,920 than one square 1384 01:04:21,920 --> 01:04:24,909 mile and we treat those just as any other floodplain 1385 01:04:24,909 --> 01:04:25,920 developers are asked to 1386 01:04:25,920 --> 01:04:30,090 stay out of them or provide a study and provide BF identify 1387 01:04:30,090 --> 01:04:31,800 BF ease and then put 1388 01:04:31,800 --> 01:04:36,440 them in easements and perform map revisions if necessary so 1389 01:04:36,440 --> 01:04:37,079 again we've 1390 01:04:37,079 --> 01:04:39,179 been doing that for a long time in the DRC process and we 1391 01:04:39,179 --> 01:04:40,760 're trying to now put 1392 01:04:40,760 --> 01:04:44,030 it into the develop the design criteria free time is going 1393 01:04:44,030 --> 01:04:45,320 to come up and talk 1394 01:04:45,320 --> 01:04:52,449 about the drainage criteria manual changes now good evening 1395 01:04:52,449 --> 01:04:54,880 my name is free 1396 01:04:54,880 --> 01:04:57,880 time - look I'm the traffic engineer for the city of Denton 1397 01:04:57,880 --> 01:04:58,760 chair 1398 01:04:58,760 --> 01:05:04,750 commissioners a little bit of I wanted to clarify the what 1399 01:05:04,750 --> 01:05:05,920 Chad missed on the 1400 01:05:05,920 --> 01:05:09,730 last one and drainage criteria the definition for the I 1401 01:05:09,730 --> 01:05:10,599 swim will be 1402 01:05:10,599 --> 01:05:14,000 included in the drainage new criteria manual that was one 1403 01:05:14,000 --> 01:05:14,920 of the comments from 1404 01:05:14,920 --> 01:05:17,389 the commissioners I just wanted to make it on the record I 1405 01:05:17,389 --> 01:05:19,079 'll move on talk about 1406 01:05:19,079 --> 01:05:22,980 transportation criteria manual here we received about 37 1407 01:05:22,980 --> 01:05:24,519 comments and primarily 1408 01:05:24,519 --> 01:05:28,690 came from Denton Community Development Alliance and we've 1409 01:05:28,690 --> 01:05:31,039 responded or provided 1410 01:05:31,039 --> 01:05:35,210 a response to all of the comments in the backup majority of 1411 01:05:35,210 --> 01:05:36,440 comments needed 1412 01:05:36,440 --> 01:05:40,619 clarification more information was needed and footnotes and 1413 01:05:40,619 --> 01:05:41,719 stuff like that 1414 01:05:41,719 --> 01:05:46,110 the major ones that we focused on and they're listed here 1415 01:05:46,110 --> 01:05:47,599 are truck turning 1416 01:05:47,599 --> 01:05:51,079 radiuses that may or may not be required for commercial 1417 01:05:51,079 --> 01:05:51,800 driveways 1418 01:05:51,800 --> 01:05:55,969 clarification on parking spaces the part this dimension of 1419 01:05:55,969 --> 01:05:57,280 the parking spaces 1420 01:05:57,280 --> 01:06:01,079 were slightly different from the development code what's 1421 01:06:01,079 --> 01:06:02,159 included in the 1422 01:06:02,159 --> 01:06:06,659 current development code so that was clarified we added 1423 01:06:06,659 --> 01:06:07,480 more information 1424 01:06:07,480 --> 01:06:11,829 about driveway spacing that provided a clear understanding 1425 01:06:11,829 --> 01:06:12,760 of what was required 1426 01:06:12,760 --> 01:06:17,320 from from develop developers that came in and then last but 1427 01:06:17,320 --> 01:06:18,159 not least which is 1428 01:06:18,159 --> 01:06:22,329 the most important thing that we did is things were better 1429 01:06:22,329 --> 01:06:23,280 defined in the 1430 01:06:23,280 --> 01:06:25,829 pre-development meeting I don't think that was clarified in 1431 01:06:25,829 --> 01:06:26,519 the previous 1432 01:06:26,519 --> 01:06:29,510 version of the transportation criteria manual but there 1433 01:06:29,510 --> 01:06:30,239 will be a pre-development 1434 01:06:30,239 --> 01:06:33,980 meeting where the developers would find out what they're 1435 01:06:33,980 --> 01:06:35,920 required to do so those 1436 01:06:35,920 --> 01:06:41,789 are the things that were changed and based on that we at 1437 01:06:41,789 --> 01:06:43,920 this point recommend 1438 01:06:43,920 --> 01:06:48,179 the commissioners to or the Commission to approve and and 1439 01:06:48,179 --> 01:06:49,599 recommend approval 1440 01:06:49,599 --> 01:06:54,840 the two criteria manuals I just wanted to last note notify 1441 01:06:54,840 --> 01:06:55,719 that they were 1442 01:06:55,719 --> 01:06:59,360 currently the public comment period which means we will 1443 01:06:59,360 --> 01:07:00,360 still continue to 1444 01:07:00,360 --> 01:07:04,050 receive public comments and and then we have a public 1445 01:07:04,050 --> 01:07:05,800 meeting and I mentioned 1446 01:07:05,800 --> 01:07:14,369 earlier on March 20th with City Council thank you I have a 1447 01:07:14,369 --> 01:07:16,400 comment I'm gonna 1448 01:07:16,400 --> 01:07:18,750 tell you guys I think you've done a great job with your 1449 01:07:18,750 --> 01:07:20,519 presentation I know 1450 01:07:20,519 --> 01:07:23,510 you all have heard me number of times asked when we're 1451 01:07:23,510 --> 01:07:24,840 going to do ordinance 1452 01:07:24,840 --> 01:07:27,900 or criteria manual updates to get the stakeholders of 1453 01:07:27,900 --> 01:07:29,079 people that have to 1454 01:07:29,079 --> 01:07:32,519 comply with all these to sit down go over them try to work 1455 01:07:32,519 --> 01:07:33,440 out as many of 1456 01:07:33,440 --> 01:07:36,219 those things beforehand before we get an ordinance I think 1457 01:07:36,219 --> 01:07:37,039 you guys have done a 1458 01:07:37,039 --> 01:07:39,809 great job I think that's the way it should be and I want to 1459 01:07:39,809 --> 01:07:41,039 just as good as 1460 01:07:41,039 --> 01:07:44,280 I give and take give you guys congratulations because I do 1461 01:07:44,280 --> 01:07:44,920 think you 1462 01:07:44,920 --> 01:07:48,940 all have done a good job of going out in the community to 1463 01:07:48,940 --> 01:07:50,599 get input and listen to 1464 01:07:50,599 --> 01:07:53,960 it and then incorporate in there so thank you all for doing 1465 01:07:53,960 --> 01:07:54,920 that and I think 1466 01:07:54,920 --> 01:07:58,159 that's a good role for us to continue to look at and do in 1467 01:07:58,159 --> 01:07:59,719 the future so good 1468 01:07:59,719 --> 01:08:09,400 job anybody else thank you for your presentation thank you 1469 01:08:14,760 --> 01:08:19,659 so that's our presentation on our individual consideration 1470 01:08:19,659 --> 01:08:20,680 item floor will 1471 01:08:20,680 --> 01:08:24,800 be open for motion or discussion 1472 01:08:28,199 --> 01:08:31,689 Commissioner Ellis thank you chair thank you guys for for 1473 01:08:31,689 --> 01:08:32,520 your presentation and 1474 01:08:32,520 --> 01:08:36,069 your hard work on this and in dealing with comment and 1475 01:08:36,069 --> 01:08:38,039 explanation I'm gonna 1476 01:08:38,039 --> 01:08:42,680 move that we approve this and move this forward to council 1477 01:08:42,680 --> 01:08:43,560 for a full 1478 01:08:43,560 --> 01:08:49,430 presentation there and hopefully approval Commissioner back 1479 01:08:49,430 --> 01:08:50,880 I think that 1480 01:08:50,880 --> 01:08:53,010 motion again with the understanding this is going to move 1481 01:08:53,010 --> 01:08:54,079 on to the City Council 1482 01:08:54,079 --> 01:08:57,359 and public hearing is still part of the process but yes I 1483 01:08:57,359 --> 01:08:58,880 second okay we have a 1484 01:08:58,880 --> 01:09:03,279 motion to approve in a second and I will add just a 1485 01:09:03,279 --> 01:09:05,239 clarification that the public 1486 01:09:05,239 --> 01:09:08,229 comment section is still open so people that do want to 1487 01:09:08,229 --> 01:09:09,079 make comments or 1488 01:09:09,079 --> 01:09:13,250 suggestions you're still able to do so and is there a final 1489 01:09:13,250 --> 01:09:14,439 cutoff date for 1490 01:09:14,439 --> 01:09:18,039 that that people need to be aware of 1491 01:09:21,720 --> 01:09:26,119 13th March 13th okay so get your comments in the next week 1492 01:09:26,119 --> 01:09:27,520 thank you all 1493 01:09:27,520 --> 01:09:33,640 with that is there any other discussion or comments okay 1494 01:09:33,640 --> 01:09:35,239 call for a vote on the 1495 01:09:35,239 --> 01:09:37,399 board 1496 01:09:39,079 --> 01:09:50,539 and motion carries six to zero that will move us to our 1497 01:09:50,539 --> 01:09:52,920 public hearings section 1498 01:09:52,920 --> 01:09:59,090 see me this time I'm going to open the public hearing for Z 1499 01:09:59,090 --> 01:10:02,640 17 - 0 0 2 9 and 1500 01:10:02,640 --> 01:10:06,199 Cindy Jackson will present that item thank you 1501 01:10:06,199 --> 01:10:09,439 Commission chair 1502 01:10:37,079 --> 01:10:40,069 I'm sorry I'm gonna have to find my presentation in here 1503 01:10:40,069 --> 01:10:45,920 somewhere 1504 01:10:58,479 --> 01:11:07,319 okay thank you for waiting okay this is Z 17 - 0 0 2 9 is a 1505 01:11:07,319 --> 01:11:09,399 request to rezone 1506 01:11:09,399 --> 01:11:14,380 approximately 1.7 acres from neighborhood residential and 1507 01:11:14,380 --> 01:11:15,680 our to to 1508 01:11:15,680 --> 01:11:20,579 just to employment center commercial ECC district the site 1509 01:11:20,579 --> 01:11:21,560 is located on the 1510 01:11:21,560 --> 01:11:26,909 south side of University approximately 820 feet west of the 1511 01:11:26,909 --> 01:11:27,680 intersection of 1512 01:11:27,680 --> 01:11:33,090 West University and Thomas J Egan here you can see the 1513 01:11:33,090 --> 01:11:34,800 zoning map as it is 1514 01:11:34,800 --> 01:11:38,079 currently on the top and this is what the zoning map will 1515 01:11:38,079 --> 01:11:39,439 look like should 1516 01:11:39,439 --> 01:11:45,369 this request be approved with regards to compliance with 1517 01:11:45,369 --> 01:11:47,500 the Denton plan the site 1518 01:11:47,500 --> 01:11:52,640 is designated as rural areas on the future land use plan 1519 01:11:52,640 --> 01:11:54,239 rural areas permit 1520 01:11:54,239 --> 01:12:01,909 such uses as farms ranches very low density residential 1521 01:12:01,909 --> 01:12:03,439 approximately on 1522 01:12:03,439 --> 01:12:07,789 approximately five acre lots and rural commercial uses the 1523 01:12:07,789 --> 01:12:09,119 request does not 1524 01:12:09,119 --> 01:12:16,369 conform to the this designation of rural areas we believe 1525 01:12:16,369 --> 01:12:18,239 that it was one of the 1526 01:12:18,239 --> 01:12:20,800 reasons it was designated as rural areas at the time that 1527 01:12:20,800 --> 01:12:21,960 the comprehensive plan 1528 01:12:21,960 --> 01:12:26,609 was written is because of the fact that it's fairly unde 1529 01:12:26,609 --> 01:12:28,520 veloped and agricultural 1530 01:12:28,520 --> 01:12:32,869 uses in this area and the University was still just a two- 1531 01:12:32,869 --> 01:12:34,159 lane road at that time 1532 01:12:34,159 --> 01:12:38,840 since the comp plan has been written the University has 1533 01:12:38,840 --> 01:12:40,760 been built to its full 1534 01:12:40,760 --> 01:12:48,840 capacity as a six lane divided arterial when a request does 1535 01:12:48,840 --> 01:12:50,680 not conform to the 1536 01:12:50,680 --> 01:12:54,689 future land use map the Denton Development Code gives 1537 01:12:54,689 --> 01:12:55,279 additional 1538 01:12:55,279 --> 01:13:00,359 criteria which we have to analyze the request with the 1539 01:13:00,359 --> 01:13:02,239 criteria are intended 1540 01:13:02,239 --> 01:13:04,590 to balance the competing interests of the public health 1541 01:13:04,590 --> 01:13:05,359 safety morals and 1542 01:13:05,359 --> 01:13:08,529 general welfare against the right to use to the use of the 1543 01:13:08,529 --> 01:13:10,119 property and include 1544 01:13:10,119 --> 01:13:13,109 things such as existing land use pattern the creation of an 1545 01:13:13,109 --> 01:13:13,920 isolated zoning 1546 01:13:13,920 --> 01:13:17,380 district adequate infrastructure environmental impacts in 1547 01:13:17,380 --> 01:13:18,039 the character of 1548 01:13:18,039 --> 01:13:23,909 the district a full discussion of these criteria are in 1549 01:13:23,909 --> 01:13:25,840 your backup but I will 1550 01:13:25,840 --> 01:13:30,399 give an abbreviated version to you due to the size shape 1551 01:13:30,399 --> 01:13:32,039 and location of the 1552 01:13:32,039 --> 01:13:36,680 site along West University as well as the proximity to gas 1553 01:13:36,680 --> 01:13:38,840 well sites this this 1554 01:13:38,840 --> 01:13:44,720 site is unlikely to develop as a single-family house 1555 01:13:44,720 --> 01:13:46,239 commercial uses are 1556 01:13:46,239 --> 01:13:50,199 more appropriate along primary primary arterials West 1557 01:13:50,199 --> 01:13:51,880 University will provide 1558 01:13:51,880 --> 01:13:56,800 adequate visibility and access for commercial use the ECC 1559 01:13:56,800 --> 01:13:57,600 districts are 1560 01:13:57,600 --> 01:14:01,600 typically found near employment centers and in corporate 1561 01:14:01,600 --> 01:14:03,039 office and business 1562 01:14:03,039 --> 01:14:07,760 workplaces with supporting secondary uses and development 1563 01:14:07,760 --> 01:14:09,600 will comply with all 1564 01:14:09,600 --> 01:14:13,770 ESA tree preservation buffer screening tree canopy lighting 1565 01:14:13,770 --> 01:14:15,199 requirements all 1566 01:14:15,199 --> 01:14:19,930 all standards of the DDC that are applicable the 1567 01:14:19,930 --> 01:14:21,840 infrastructure needs will 1568 01:14:21,840 --> 01:14:27,720 be accessed at the time of plotting and site plan this map 1569 01:14:27,720 --> 01:14:29,960 shows the location of 1570 01:14:29,960 --> 01:14:34,409 the gas well plots in relation to the subject site the 1571 01:14:34,409 --> 01:14:36,319 subject site is right 1572 01:14:36,319 --> 01:14:39,409 here designated by the star and as you can see from the 1573 01:14:39,409 --> 01:14:40,699 city limits all the way 1574 01:14:40,699 --> 01:14:43,689 to Mosh branch there are really just this site and two 1575 01:14:43,689 --> 01:14:44,760 others that are not 1576 01:14:44,760 --> 01:14:49,109 encumbered by a gas well plot and of course what goes along 1577 01:14:49,109 --> 01:14:49,960 with gas well 1578 01:14:49,960 --> 01:14:52,659 plots are gas wells and there is a preponderance of gas 1579 01:14:52,659 --> 01:14:53,560 wells in the area 1580 01:14:53,560 --> 01:15:00,479 which staff fields will prevent the area from the site from 1581 01:15:00,479 --> 01:15:01,239 developing as a 1582 01:15:01,239 --> 01:15:08,119 single-family residential site access and mobility the site 1583 01:15:08,119 --> 01:15:09,659 has 1,234 linear 1584 01:15:09,659 --> 01:15:13,199 feet of frontage along West University and is a significant 1585 01:15:13,199 --> 01:15:14,680 retail cord as 1586 01:15:14,680 --> 01:15:20,560 excuse me regional corridor it was recently as I mentioned 1587 01:15:20,560 --> 01:15:21,520 constructed to 1588 01:15:21,520 --> 01:15:24,539 its full capacity so it is now a primary arterial with six 1589 01:15:24,539 --> 01:15:27,520 lanes and divided 1590 01:15:27,920 --> 01:15:31,840 public notifications went out for this site for this site 1591 01:15:31,840 --> 01:15:33,680 on February 15th we 1592 01:15:33,680 --> 01:15:38,800 sent certified mail to two property owners and we sent 1593 01:15:38,800 --> 01:15:40,439 courtesy notices to 1594 01:15:40,439 --> 01:15:43,199 the same two property owners due to the the large size of 1595 01:15:43,199 --> 01:15:44,279 the land holdings in 1596 01:15:44,279 --> 01:15:50,439 this area that that covered the whole area we received one 1597 01:15:50,439 --> 01:15:51,760 response in 1598 01:15:51,760 --> 01:15:56,689 opposition and that that response comprises 49% of the land 1599 01:15:56,689 --> 01:15:57,640 area within the 1600 01:15:57,640 --> 01:16:01,810 200 foot buffer because of that this will have to be 1601 01:16:01,810 --> 01:16:03,279 approved by the City 1602 01:16:03,279 --> 01:16:08,069 Council with the super majority vote staff recommends 1603 01:16:08,069 --> 01:16:09,359 approval of this 1604 01:16:09,359 --> 01:16:13,140 request well the request is technically inconsistent with 1605 01:16:13,140 --> 01:16:13,880 the future land use 1606 01:16:13,880 --> 01:16:18,050 map it is consistent with the overall goals of the Denton 1607 01:16:18,050 --> 01:16:19,720 plan 2030 and it 1608 01:16:19,720 --> 01:16:23,680 conforms to the criteria for approval as outlined in the in 1609 01:16:23,680 --> 01:16:25,239 the DDC that 1610 01:16:25,239 --> 01:16:28,399 concludes my presentation I'll stand for any questions and 1611 01:16:28,399 --> 01:16:29,319 the applicant is 1612 01:16:29,319 --> 01:16:33,189 present as well if you have any questions for him any 1613 01:16:33,189 --> 01:16:34,840 questions for staff 1614 01:16:34,840 --> 01:16:39,199 Commissioner Beck I am curious Cindy and thanks for your 1615 01:16:39,199 --> 01:16:41,119 presentation how this 1616 01:16:41,119 --> 01:16:44,359 little slice got separated from anything else can you give 1617 01:16:44,359 --> 01:16:45,760 us any background well 1618 01:16:45,760 --> 01:16:48,979 I wasn't able to find out why okay the only the only thing 1619 01:16:48,979 --> 01:16:50,000 we can figure out 1620 01:16:50,000 --> 01:16:55,029 is that the former property owner of this site just did not 1621 01:16:55,029 --> 01:16:55,920 want to have to 1622 01:16:55,920 --> 01:16:59,899 be involved with with the gas wells okay so it was never a 1623 01:16:59,899 --> 01:17:01,239 part of the property 1624 01:17:01,239 --> 01:17:05,239 that surrounds it okay thank you 1625 01:17:07,279 --> 01:17:12,520 I see other questions thank you Cindy do you have one card 1626 01:17:12,520 --> 01:17:14,039 wishing to speak 1627 01:17:14,039 --> 01:17:21,159 Victor Ena at 1222 Golden Hoof Drive 1628 01:17:26,560 --> 01:17:27,819 please go ahead and give us your name and address and and 1629 01:17:27,819 --> 01:17:30,239 then your time will 1630 01:17:30,239 --> 01:17:35,699 start sir yes Victor Ena like you stated earlier that's my 1631 01:17:35,699 --> 01:17:36,680 address that's my 1632 01:17:36,680 --> 01:17:41,600 residence thank you councilman chairman councilman the last 1633 01:17:41,600 --> 01:17:42,840 time I was here was 1634 01:17:42,840 --> 01:17:49,460 during fracking debacle and this location in dispute 1635 01:17:49,460 --> 01:17:50,640 happens to be 1636 01:17:50,640 --> 01:17:55,319 approximately close to the same vicinity and I spoke to 1637 01:17:55,319 --> 01:17:59,960 this chamber and a little 1638 01:17:59,960 --> 01:18:04,189 altercation took place between the former mayor and myself 1639 01:18:04,189 --> 01:18:05,039 because I have 1640 01:18:05,039 --> 01:18:09,210 written I wrote him with my concerns and he never returned 1641 01:18:09,210 --> 01:18:10,520 my calls say I have 1642 01:18:10,520 --> 01:18:14,689 senators and congressmen wrote and called me back the fr 1643 01:18:14,689 --> 01:18:16,720 acking went on even 1644 01:18:16,720 --> 01:18:20,189 though I complained here they were allowed to do the fr 1645 01:18:20,189 --> 01:18:21,880 acking every day 1646 01:18:21,880 --> 01:18:25,680 non-stop the ordinance stated that they should stop fr 1647 01:18:25,680 --> 01:18:28,239 acking at 7 p.m. and not 1648 01:18:28,239 --> 01:18:32,119 no construction on Sundays but they were allowed my 1649 01:18:32,119 --> 01:18:34,880 complaints were disregarded 1650 01:18:34,880 --> 01:18:41,739 now we are talking about this zoning change I talked to a 1651 01:18:41,739 --> 01:18:43,000 friend of mine at 1652 01:18:43,000 --> 01:18:47,840 work who happens to be Caucasian now with this issue and he 1653 01:18:47,840 --> 01:18:50,600 told me that I'll I 1654 01:18:50,600 --> 01:18:57,039 better have my wife speak because I wasn't born here I've 1655 01:18:57,039 --> 01:18:57,399 been in this 1656 01:18:57,399 --> 01:19:01,880 country 35 years married 32 years have four kids two of 1657 01:19:01,880 --> 01:19:02,800 them have master's 1658 01:19:02,800 --> 01:19:06,439 degrees and two of them will get masters in two months from 1659 01:19:06,439 --> 01:19:08,439 now I didn't think my 1660 01:19:08,439 --> 01:19:12,920 wife needed to speak on my behalf I had a little degree 1661 01:19:12,920 --> 01:19:19,340 myself the word my 1662 01:19:19,340 --> 01:19:23,510 complaint earlier was was handled reminded me a little bit 1663 01:19:23,510 --> 01:19:24,920 about a country 1664 01:19:24,920 --> 01:19:30,060 I left 35 years ago where people people's opinions doesn't 1665 01:19:30,060 --> 01:19:31,539 count I know 1666 01:19:31,539 --> 01:19:37,949 this the issue was then put on ballot and then citizens 1667 01:19:37,949 --> 01:19:40,079 opposed it even though 1668 01:19:40,079 --> 01:19:44,970 they are congress in Austin over a rule here now with this 1669 01:19:44,970 --> 01:19:46,920 zoning change in 1670 01:19:46,920 --> 01:19:51,930 question I believe this will change my property value there 1671 01:19:51,930 --> 01:19:53,380 will be higher taxes 1672 01:19:53,380 --> 01:20:04,479 involved as well as crime and noise so in my humble opinion 1673 01:20:04,479 --> 01:20:05,800 I strongly 1674 01:20:05,800 --> 01:20:12,420 disapprove of this I live on a five-acre ranch it's good on 1675 01:20:12,420 --> 01:20:13,399 who Frank check I 1676 01:20:13,399 --> 01:20:20,789 have livestock as well so this will impact my residents a 1677 01:20:20,789 --> 01:20:23,239 great deal so hope 1678 01:20:23,239 --> 01:20:28,159 that the council will put this into consideration thank you 1679 01:20:28,159 --> 01:20:29,640 very much some 1680 01:20:29,640 --> 01:20:33,640 questions for you just a clarification yes are you the 1681 01:20:33,640 --> 01:20:34,699 applicant are you an 1682 01:20:34,699 --> 01:20:40,319 adjacent property owner adjacent adjacent yes and it's less 1683 01:20:40,319 --> 01:20:41,279 than 500 feet 1684 01:20:41,279 --> 01:20:46,800 about I miss understand I miss understood but I thought you 1685 01:20:46,800 --> 01:20:47,039 were the 1686 01:20:47,039 --> 01:20:51,279 applicant and I was puzzled with your comments so I click 1687 01:20:51,279 --> 01:20:53,439 clear clears up the 1688 01:20:53,439 --> 01:20:56,569 you're an adjacent property owner yes thank you appreciate 1689 01:20:56,569 --> 01:20:57,520 you coming out this 1690 01:20:57,520 --> 01:21:00,510 evening and do you have another question for you yes like 1691 01:21:00,510 --> 01:21:01,960 Commissioner Smith you 1692 01:21:01,960 --> 01:21:07,319 say you're you're just the east or the west of the property 1693 01:21:07,319 --> 01:21:10,539 on the side of you gotta gotta gotta so specifically you're 1694 01:21:10,539 --> 01:21:11,479 worried that this 1695 01:21:11,479 --> 01:21:18,279 zoning is going to increase fracking activity or what's the 1696 01:21:18,279 --> 01:21:18,760 noise level 1697 01:21:18,760 --> 01:21:20,760 okay 1698 01:21:32,000 --> 01:21:36,920 this is all my property right here okay yes go for the 1699 01:21:36,920 --> 01:21:39,560 questions thank you sure 1700 01:21:39,560 --> 01:21:44,250 thank you sir for coming out this evening this is a public 1701 01:21:44,250 --> 01:21:45,800 hearing anyone 1702 01:21:45,800 --> 01:21:49,000 else who would like to Commissioner back I'm sorry sir 1703 01:21:49,000 --> 01:21:50,319 Victor could you come back 1704 01:21:50,319 --> 01:21:55,220 down I'm sorry I didn't didn't get my name up quick enough 1705 01:21:55,220 --> 01:21:57,020 first off 1706 01:21:57,020 --> 01:22:01,369 appreciate you coming down and speaking and congratulations 1707 01:22:01,369 --> 01:22:02,720 on four kids getting 1708 01:22:02,720 --> 01:22:07,359 master's degree yes very good glad to have you here your 1709 01:22:07,359 --> 01:22:08,279 concern for noise 1710 01:22:08,279 --> 01:22:11,050 though now you sit back from where you pointed you sit back 1711 01:22:11,050 --> 01:22:11,960 pretty far off the 1712 01:22:11,960 --> 01:22:15,829 highway this is a small strip of land I'm not sure and 1713 01:22:15,829 --> 01:22:16,939 maybe hopefully we'll 1714 01:22:16,939 --> 01:22:19,399 get the applicant down here kind of give us an idea of what 1715 01:22:19,399 --> 01:22:21,039 's going on there but 1716 01:22:21,039 --> 01:22:24,449 what runs through your mind with this so much things what 1717 01:22:24,449 --> 01:22:25,640 do you think is going 1718 01:22:25,640 --> 01:22:28,840 to be there to create the problems you're concerned about 1719 01:22:28,840 --> 01:22:30,119 well the way I 1720 01:22:30,119 --> 01:22:35,659 see it it's like you give somebody an inch they want a fee 1721 01:22:35,659 --> 01:22:36,619 you give me a fee 1722 01:22:36,619 --> 01:22:41,640 they want a yard so this is approved who's to say that down 1723 01:22:41,640 --> 01:22:43,039 the road since 1724 01:22:43,039 --> 01:22:47,949 one commercial business is already approved who's to say 1725 01:22:47,949 --> 01:22:48,640 that the rest of 1726 01:22:48,640 --> 01:22:52,319 the property understood understood and I do understand that 1727 01:22:52,319 --> 01:22:54,000 but if you we look at 1728 01:22:54,000 --> 01:22:58,350 the Syrian is Cindy pointed out because of all the gas 1729 01:22:58,350 --> 01:23:00,479 wells there and trust me 1730 01:23:00,479 --> 01:23:04,350 I empathize with your concern over fracking but now that 1731 01:23:04,350 --> 01:23:06,439 they're there this 1732 01:23:06,439 --> 01:23:09,430 isn't going to be a logical place on this side of the 1733 01:23:09,430 --> 01:23:11,000 highway it's not going 1734 01:23:11,000 --> 01:23:14,640 to be appealing to developers for single-family residential 1735 01:23:14,640 --> 01:23:15,359 and it seems 1736 01:23:15,359 --> 01:23:20,520 right now to me at least that this would be a likely zone 1737 01:23:20,520 --> 01:23:22,319 change and perhaps all 1738 01:23:22,319 --> 01:23:25,560 along that way again understand the concern for noise 1739 01:23:25,560 --> 01:23:26,399 everything like that 1740 01:23:26,399 --> 01:23:29,890 but they've widened 380 now it's a six lane highway as 1741 01:23:29,890 --> 01:23:30,680 opposed to when you 1742 01:23:30,680 --> 01:23:33,909 probably first moved there when it was so I think that's 1743 01:23:33,909 --> 01:23:34,760 going to be an 1744 01:23:34,760 --> 01:23:40,630 inevitable faith of this area so I you know I don't get me 1745 01:23:40,630 --> 01:23:41,319 wrong I'm not 1746 01:23:41,319 --> 01:23:44,079 unsympathetic towards your concerns there but I think there 1747 01:23:44,079 --> 01:23:44,800 's ways that we 1748 01:23:44,800 --> 01:23:48,760 control that as each item comes through here we reevaluate 1749 01:23:48,760 --> 01:23:50,239 it before it goes in 1750 01:23:50,239 --> 01:23:53,229 and make sure it isn't going to be so disruptive to the 1751 01:23:53,229 --> 01:23:54,319 surrounding area so I 1752 01:23:54,319 --> 01:23:58,489 wanted at least you know share that with you now will I get 1753 01:23:58,489 --> 01:24:00,720 a guarantee that my 1754 01:24:00,720 --> 01:24:06,590 property tax will not go up not for me I'm not in that 1755 01:24:06,590 --> 01:24:08,079 position to do that but 1756 01:24:08,079 --> 01:24:12,500 what would make you think that it would increase property 1757 01:24:12,500 --> 01:24:15,960 taxes okay thank you 1758 01:24:15,960 --> 01:24:19,939 thank you for coming out this evening again this is a 1759 01:24:19,939 --> 01:24:21,840 public hearing anyone 1760 01:24:21,840 --> 01:24:25,550 who would like to speak on this item please come forward at 1761 01:24:25,550 --> 01:24:26,239 this time 1762 01:24:27,760 --> 01:24:30,529 seeing none will close the public hearing and open the 1763 01:24:30,529 --> 01:24:31,920 floor for discussion 1764 01:24:31,920 --> 01:24:35,579 or motion Commissioner Beck I would like the applicants 1765 01:24:35,579 --> 01:24:36,720 here if you come down I 1766 01:24:36,720 --> 01:24:44,789 kind of you have a question if you will give your name and 1767 01:24:44,789 --> 01:24:46,359 address force 1768 01:24:46,359 --> 01:24:49,720 please sir my name is dr. Leshacker I live at Lake Iowa 1769 01:24:49,720 --> 01:24:51,159 Texas which is in a 1770 01:24:51,159 --> 01:24:56,810 part of Gainesville Cook County thank you dr. Shacker yes 1771 01:24:56,810 --> 01:24:57,520 okay thank you for 1772 01:24:57,520 --> 01:25:02,239 coming down the one opposition letter we got was from the 1773 01:25:02,239 --> 01:25:03,279 property owner that 1774 01:25:03,279 --> 01:25:08,520 surrounds this piece a miss Nadra Mitchell and she said she 1775 01:25:08,520 --> 01:25:09,000 couldn't be 1776 01:25:09,000 --> 01:25:13,600 here tonight but she's concerned that this is an area that 1777 01:25:13,600 --> 01:25:14,159 's surrounded by 1778 01:25:14,159 --> 01:25:19,989 wheat fields can if she's watching or she can review this 1779 01:25:19,989 --> 01:25:21,319 video later what 1780 01:25:21,319 --> 01:25:23,609 could you convey to her that this is not going to be 1781 01:25:23,609 --> 01:25:24,800 disruptive to her wheat 1782 01:25:24,800 --> 01:25:27,789 fields I mean is there something to share with us that 1783 01:25:27,789 --> 01:25:29,020 would let us know that the 1784 01:25:29,020 --> 01:25:32,189 type of developments you're going to do is absolutely well 1785 01:25:32,189 --> 01:25:33,319 let me just give you a 1786 01:25:33,319 --> 01:25:36,810 little history what happened here many years ago I wanted 1787 01:25:36,810 --> 01:25:37,920 to build a clinic 1788 01:25:37,920 --> 01:25:44,100 here in Denton and it was very difficult to find adequate 1789 01:25:44,100 --> 01:25:45,880 medical space here in 1790 01:25:45,880 --> 01:25:48,270 that and I found this piece of property was going to put up 1791 01:25:48,270 --> 01:25:49,119 my medical clinic 1792 01:25:49,119 --> 01:25:53,890 when fortunately I found a nice building right on I-35 and 1793 01:25:53,890 --> 01:25:55,000 I was left with this 1794 01:25:55,000 --> 01:25:58,770 this piece of property and I've been trying to sell it and 1795 01:25:58,770 --> 01:25:59,720 then you had a 1796 01:25:59,720 --> 01:26:05,229 zone change in the early 2000s which made it in our two and 1797 01:26:05,229 --> 01:26:06,439 they came in with 1798 01:26:06,439 --> 01:26:09,770 all of these gas wells and of course nobody's going to 1799 01:26:09,770 --> 01:26:11,439 build a household near 1800 01:26:11,439 --> 01:26:14,430 an NR to zone that's clear because I've had it up for sale 1801 01:26:14,430 --> 01:26:15,520 for I don't know how 1802 01:26:15,520 --> 01:26:19,149 many over the last five years we've had a number of 1803 01:26:19,149 --> 01:26:21,520 requests for ECC now we just 1804 01:26:21,520 --> 01:26:25,390 have ECC all over the place just east of us and just as 1805 01:26:25,390 --> 01:26:26,760 another word of history 1806 01:26:26,760 --> 01:26:29,840 in United States I don't know why you can hear I'm from I'm 1807 01:26:29,840 --> 01:26:30,720 from the south 1808 01:26:30,720 --> 01:26:33,789 I'm from southern Staten Island New York but I've been here 1809 01:26:33,789 --> 01:26:35,520 40 years you see but 1810 01:26:35,520 --> 01:26:39,800 your accent doesn't change excuse me for my fiction but 1811 01:26:39,800 --> 01:26:41,399 anyway it turns out if 1812 01:26:41,399 --> 01:26:46,199 you really do a history all property in the United States 1813 01:26:46,199 --> 01:26:47,600 grows north and then 1814 01:26:47,600 --> 01:26:51,439 grows west why that happens nobody knows if there's a 1815 01:26:51,439 --> 01:26:52,479 boundary of course that 1816 01:26:52,479 --> 01:26:56,119 might offset that but if you look it up that's the history 1817 01:26:56,119 --> 01:26:57,520 now I'm not here to 1818 01:26:57,520 --> 01:27:03,390 cause chaos for anybody the Mitchell's included but it 1819 01:27:03,390 --> 01:27:04,960 turns out when people 1820 01:27:04,960 --> 01:27:08,899 put a gas well that diminishes my property my ability to 1821 01:27:08,899 --> 01:27:10,159 sell it in fact I 1822 01:27:10,159 --> 01:27:16,039 can't even sell it and under the ECC I'm not gonna feel 1823 01:27:16,039 --> 01:27:17,079 interfere with their 1824 01:27:17,079 --> 01:27:20,539 their wheat cutting that's not my intention if there's a 1825 01:27:20,539 --> 01:27:21,399 beautiful nice 1826 01:27:21,399 --> 01:27:26,010 building now the only salient value of this property is the 1827 01:27:26,010 --> 01:27:28,840 1234 feet linear 1828 01:27:28,840 --> 01:27:32,159 feet on a highway so people can come in and go out very 1829 01:27:32,159 --> 01:27:34,560 very easily so that had 1830 01:27:34,560 --> 01:27:37,550 to turn down a number of office so of course it's not in my 1831 01:27:37,550 --> 01:27:38,600 benefit it's not 1832 01:27:38,600 --> 01:27:41,420 an account he's benefit the city's benefit you're not going 1833 01:27:41,420 --> 01:27:42,119 to get any more 1834 01:27:42,119 --> 01:27:46,560 taxes it's just going to be useless land and as you know in 1835 01:27:46,560 --> 01:27:48,239 this country we want 1836 01:27:48,239 --> 01:27:53,699 land to be used and in fact a person can come literally sit 1837 01:27:53,699 --> 01:27:54,720 on your land if they 1838 01:27:54,720 --> 01:27:57,710 meet the criteria they can become an adverse possessor and 1839 01:27:57,710 --> 01:27:58,520 actually literally 1840 01:27:58,520 --> 01:28:02,189 take over theoretically steal your land legally in this 1841 01:28:02,189 --> 01:28:03,560 country so it's showing 1842 01:28:03,560 --> 01:28:07,460 you that the the fathers had very good thought we want land 1843 01:28:07,460 --> 01:28:09,079 to be used I want 1844 01:28:09,079 --> 01:28:12,439 the land to be used I don't want to disrupt the Mitchell's 1845 01:28:12,439 --> 01:28:13,159 in any which way 1846 01:28:13,159 --> 01:28:15,739 I'm not interfering with the gas wells I wasn't here to 1847 01:28:15,739 --> 01:28:17,000 protest their gas wells 1848 01:28:17,000 --> 01:28:22,829 I'm not here to protest their wheat cutting but I think it 1849 01:28:22,829 --> 01:28:24,039 's just a natural 1850 01:28:24,039 --> 01:28:28,210 progression of all cities and of course anything that would 1851 01:28:28,210 --> 01:28:29,439 come on that land I 1852 01:28:29,439 --> 01:28:33,399 can assure you it's gonna have to meet the zoning zoning 1853 01:28:33,399 --> 01:28:35,079 and Planning Commission 1854 01:28:35,079 --> 01:28:41,239 and this is my first time trying to change the zoning and I 1855 01:28:41,239 --> 01:28:42,159 I'm very 1856 01:28:42,159 --> 01:28:46,109 impressed with Cindy Jackson's just terrific her analysis I 1857 01:28:46,109 --> 01:28:46,800 couldn't 1858 01:28:46,800 --> 01:28:50,970 embellish that any any better so I would employ you to 1859 01:28:50,970 --> 01:28:52,039 consider have all 1860 01:28:52,039 --> 01:28:54,590 considerations I'm a team player whatever you decide I'll 1861 01:28:54,590 --> 01:28:55,239 go along with 1862 01:28:55,239 --> 01:28:58,399 that thank you looks like I have another question 1863 01:28:58,399 --> 01:29:03,000 Commissioner Smith thank you Dr. Seyar is that yeah sure so 1864 01:29:03,000 --> 01:29:03,680 the purpose of 1865 01:29:03,680 --> 01:29:05,869 rezoning it is purely just to be able to make a more market 1866 01:29:05,869 --> 01:29:06,479 able sell the land 1867 01:29:06,479 --> 01:29:10,649 correct okay they don't have a current developer who's one 1868 01:29:10,649 --> 01:29:11,479 to take the land 1869 01:29:11,479 --> 01:29:14,470 out from underneath you and use it no in fact I even 1870 01:29:14,470 --> 01:29:16,159 offered to sell the land at 1871 01:29:16,159 --> 01:29:19,239 a fraction of its value to the Mitchell's they said they 1872 01:29:19,239 --> 01:29:19,800 were not 1873 01:29:19,800 --> 01:29:22,810 interested and over a number of years I often them to 1874 01:29:22,810 --> 01:29:24,239 purchase that land so they 1875 01:29:24,239 --> 01:29:28,239 have that but right now it's just useless piece of property 1876 01:29:28,239 --> 01:29:28,960 does purely 1877 01:29:28,960 --> 01:29:32,220 reason with no no intent of what the usage is gonna be but 1878 01:29:32,220 --> 01:29:33,039 just to reason 1879 01:29:33,039 --> 01:29:34,479 for it's correct other than all if I just want to get 1880 01:29:34,479 --> 01:29:35,399 clarification no that's 1881 01:29:35,399 --> 01:29:40,590 exactly Cindy can ask you another question then thank you 1882 01:29:40,590 --> 01:29:43,319 Dr. Seyar if we 1883 01:29:43,319 --> 01:29:46,310 do rezone this and this does become commercial uses what 1884 01:29:46,310 --> 01:29:46,659 rules and 1885 01:29:46,659 --> 01:29:49,760 regulations do we have on setbacks for commercial uses on 1886 01:29:49,760 --> 01:29:50,840 this property at that 1887 01:29:50,840 --> 01:29:53,920 point in time because I'm just looking at it and measuring 1888 01:29:53,920 --> 01:29:55,199 it using you know a 1889 01:29:55,199 --> 01:29:58,590 lot it's a very narrow piece of land and at the very most 1890 01:29:58,590 --> 01:30:00,000 the widest part of land 1891 01:30:00,000 --> 01:30:02,649 you can tell me Dr. Seyar if you disagree with me the wid 1892 01:30:02,649 --> 01:30:03,520 est part of the land 1893 01:30:03,520 --> 01:30:07,869 south from 380 down to the back edge of that property is a 1894 01:30:07,869 --> 01:30:08,840 hundred and fifty 1895 01:30:08,840 --> 01:30:14,840 feet yes so what 1896 01:30:30,520 --> 01:30:34,859 we'll play some jeopardy music or something like that next 1897 01:30:34,859 --> 01:30:36,560 time 1898 01:31:00,000 --> 01:31:09,750 for the ECC district yes ma'am the there are no setbacks 1899 01:31:09,750 --> 01:31:12,479 okay the only time 1900 01:31:12,479 --> 01:31:15,800 there was a setback is if it was abutting a single-family 1901 01:31:15,800 --> 01:31:16,760 user district 1902 01:31:16,760 --> 01:31:21,800 okay so for this there would be 30 feet plus one foot for 1903 01:31:21,800 --> 01:31:22,880 each foot of building 1904 01:31:22,880 --> 01:31:27,279 height above 30 feet along the rear and and the west side 1905 01:31:27,279 --> 01:31:28,979 okay because the 1906 01:31:28,979 --> 01:31:33,619 remainder of it this part right here sure narrow that it 1907 01:31:33,619 --> 01:31:33,960 won't be able to be 1908 01:31:33,960 --> 01:31:36,649 used so basically that would have to become from a 1909 01:31:36,649 --> 01:31:37,840 commercial use standpoint 1910 01:31:37,840 --> 01:31:40,880 if someone wants to take by this land use and develop it 1911 01:31:40,880 --> 01:31:41,640 you would have to be 1912 01:31:41,640 --> 01:31:45,600 a driveway in basically is the or nothing or empty land to 1913 01:31:45,600 --> 01:31:46,600 the widest part 1914 01:31:46,600 --> 01:31:49,590 of the property and so at the very most you could fit 1915 01:31:49,590 --> 01:31:50,479 probably one piece of what 1916 01:31:50,479 --> 01:31:55,560 the guy was you could fit a everyone homes laughing at that 1917 01:31:55,560 --> 01:31:56,920 you could fit 1918 01:31:56,920 --> 01:32:01,479 basically one one commercial building on there that's 1919 01:32:01,479 --> 01:32:03,899 there's a median opening right here so the driveway 1920 01:32:03,899 --> 01:32:05,279 entrance would probably be 1921 01:32:05,279 --> 01:32:09,920 here so all of you would probably be drive okay and buffer 1922 01:32:09,920 --> 01:32:10,800 sure this is 1923 01:32:10,800 --> 01:32:13,560 zoning case I don't get too deep but I just the utility of 1924 01:32:13,560 --> 01:32:14,319 the land I just 1925 01:32:14,319 --> 01:32:17,489 wanted to ask more questions about that thank you very much 1926 01:32:17,489 --> 01:32:21,880 I appreciate it this 1927 01:32:21,880 --> 01:32:24,189 is a public hearing and anyone else that would like to 1928 01:32:24,189 --> 01:32:25,279 speak on this item please 1929 01:32:25,279 --> 01:32:31,979 come forward at this time seeing none and we'll close the 1930 01:32:31,979 --> 01:32:33,479 public hearing and 1931 01:32:33,479 --> 01:32:37,960 open the floor for discussion or emotion 1932 01:32:38,439 --> 01:32:44,310 Commissioner Smith a motion to approve Commissioner Roselle 1933 01:32:44,310 --> 01:32:45,399 first of all I 1934 01:32:45,399 --> 01:32:49,750 want to thank Victor for coming out and speaking his words 1935 01:32:49,750 --> 01:32:51,359 I don't think they go 1936 01:32:51,359 --> 01:32:55,050 unnoticed by any of the Commission and it and I appreciate 1937 01:32:55,050 --> 01:32:56,800 it but with that it 1938 01:32:56,800 --> 01:33:00,340 seems like the property owners has been kind of pigeonholed 1939 01:33:00,340 --> 01:33:01,199 by the the fracking 1940 01:33:01,199 --> 01:33:04,869 that's gone on in the area and so it seems the case that he 1941 01:33:04,869 --> 01:33:06,359 provided in terms 1942 01:33:06,359 --> 01:33:08,800 of the context of the land that I'm going to vote and for 1943 01:33:08,800 --> 01:33:09,560 this and second 1944 01:33:09,560 --> 01:33:13,319 this to see if there can be some development if any on that 1945 01:33:13,319 --> 01:33:14,920 property we 1946 01:33:14,920 --> 01:33:18,840 have a first and a second for approval Commissioner Ellis 1947 01:33:18,840 --> 01:33:20,359 thank you if you were 1948 01:33:20,359 --> 01:33:24,590 going to open it for discussion yes okay thank you very 1949 01:33:24,590 --> 01:33:26,159 much thank you 1950 01:33:26,159 --> 01:33:30,640 dr. Shasheer and mr. Victor for coming out I'm having a 1951 01:33:30,640 --> 01:33:31,520 rough time supporting 1952 01:33:31,520 --> 01:33:35,329 this I'm sorry that staff didn't discuss a lesser zoning 1953 01:33:35,329 --> 01:33:36,920 here the intensity of 1954 01:33:36,920 --> 01:33:40,090 the zoning concerns me I don't know that's where we want 1955 01:33:40,090 --> 01:33:41,119 this particular 1956 01:33:41,119 --> 01:33:45,649 area of the city to go maybe we do at this point I don't 1957 01:33:45,649 --> 01:33:47,920 know I am concerned 1958 01:33:47,920 --> 01:33:54,090 as Victor stated that once we rezone this ECC it opens the 1959 01:33:54,090 --> 01:33:56,000 door to properties 1960 01:33:56,000 --> 01:33:59,930 to the West properties to the north that do abut these 1961 01:33:59,930 --> 01:34:01,439 rural properties and we 1962 01:34:01,439 --> 01:34:04,470 can't discount the fact or I can't discount the fact that 1963 01:34:04,470 --> 01:34:05,319 that there are 1964 01:34:05,319 --> 01:34:10,439 rural property owners that still do exist in our area so I 1965 01:34:10,439 --> 01:34:12,239 can't support 1966 01:34:12,239 --> 01:34:18,890 this and just wanted to get that on the record commissioner 1967 01:34:18,890 --> 01:34:19,920 back thank you chair 1968 01:34:19,920 --> 01:34:25,159 and I agree to agree with Commissioner Ellis's concerns but 1969 01:34:25,159 --> 01:34:26,439 I guess the bigger 1970 01:34:26,439 --> 01:34:31,500 factor here is Victor lives on the north side and there's a 1971 01:34:31,500 --> 01:34:32,680 good distance back 1972 01:34:32,680 --> 01:34:37,670 that area as far as I can see is not threatened with the 1973 01:34:37,670 --> 01:34:39,840 zone change that 1974 01:34:39,840 --> 01:34:42,829 will come before us and I think it'll be a whole different 1975 01:34:42,829 --> 01:34:45,119 argument but the area 1976 01:34:45,119 --> 01:34:50,270 south of the highway right now is is is almost dead because 1977 01:34:50,270 --> 01:34:51,359 of the gas wells 1978 01:34:51,359 --> 01:34:55,710 there and unless you know we make some kind of move like 1979 01:34:55,710 --> 01:34:56,579 this it will remain 1980 01:34:56,579 --> 01:35:00,930 that way I really don't want to see residential expand I 1981 01:35:00,930 --> 01:35:02,119 would like to see 1982 01:35:02,119 --> 01:35:06,760 it you know we want density in the city and that means 1983 01:35:06,760 --> 01:35:08,159 going up and not out so 1984 01:35:08,159 --> 01:35:11,149 for that reason I would like to get this into more but 1985 01:35:11,149 --> 01:35:12,359 commercial area and not 1986 01:35:12,359 --> 01:35:17,020 encourage single-family developments out in that area so I 1987 01:35:17,020 --> 01:35:20,239 would be voting for 1988 01:35:20,800 --> 01:35:24,560 Commissioner Smith thank you chair bargie or Commissioner 1989 01:35:24,560 --> 01:35:25,680 Ellis to your to your 1990 01:35:25,680 --> 01:35:28,359 point I think I'd the point I was trying to make there was 1991 01:35:28,359 --> 01:35:29,319 that I think this the 1992 01:35:29,319 --> 01:35:32,720 sliver is so small and I could agree with you on a lesser 1993 01:35:32,720 --> 01:35:34,159 zoning as long as 1994 01:35:34,159 --> 01:35:39,550 it's still incorporated some sort of office or some sort of 1995 01:35:39,550 --> 01:35:40,720 you know no light 1996 01:35:40,720 --> 01:35:44,600 light industrial use but that piece of land is so small 1997 01:35:44,600 --> 01:35:46,239 that I don't think 1998 01:35:46,239 --> 01:35:48,890 we're gonna end up having development that's gonna be noisy 1999 01:35:48,890 --> 01:35:49,840 not to mention if 2000 01:35:49,840 --> 01:35:52,560 you want to talk about noise there is a whatever a four 2001 01:35:52,560 --> 01:35:53,720 lane highway six lane 2002 01:35:53,720 --> 01:35:55,279 highway where they're running right through the middle it's 2003 01:35:55,279 --> 01:35:55,640 pretty loud 2004 01:35:55,640 --> 01:36:00,539 enough that I just think that to honor but dr. say charts 2005 01:36:00,539 --> 01:36:01,159 trying to do is just 2006 01:36:01,159 --> 01:36:04,149 trying to get this land out from underneath them to 2007 01:36:04,149 --> 01:36:05,159 possibly what's gonna 2008 01:36:05,159 --> 01:36:07,449 end up being there is probably going to be a some sort of 2009 01:36:07,449 --> 01:36:08,359 office building or 2010 01:36:08,359 --> 01:36:11,350 some sort of medical practice or something like that just 2011 01:36:11,350 --> 01:36:12,079 because that 2012 01:36:12,079 --> 01:36:16,270 land is not going to support some large strip center or 2013 01:36:16,270 --> 01:36:18,119 some large industrial 2014 01:36:18,119 --> 01:36:20,710 development just because the size of it but I take your 2015 01:36:20,710 --> 01:36:21,920 points and I agree with 2016 01:36:21,920 --> 01:36:24,039 you 2017 01:36:25,039 --> 01:36:28,060 Commissioner Ellis thank you chair thank you Commissioner 2018 01:36:28,060 --> 01:36:29,359 Smith and I appreciate 2019 01:36:29,359 --> 01:36:33,000 what you have to say there and and my comments are are not 2020 01:36:33,000 --> 01:36:34,239 just to single out 2021 01:36:34,239 --> 01:36:39,300 the doctor's property what it does is if we rezone this it 2022 01:36:39,300 --> 01:36:41,520 does open up the 2023 01:36:41,520 --> 01:36:45,869 ability to more easily rezone other things to ECC in that 2024 01:36:45,869 --> 01:36:47,359 immediate area and 2025 01:36:47,359 --> 01:36:52,880 across the street so that's my concern because we do have 2026 01:36:52,880 --> 01:36:54,880 to look at if we do 2027 01:36:54,880 --> 01:36:59,520 one what are the unintended consequences what do we open up 2028 01:36:59,520 --> 01:37:00,199 you know we talk 2029 01:37:00,199 --> 01:37:04,149 about isolated isolated zoning districts we're creating one 2030 01:37:04,149 --> 01:37:06,079 right now and when we 2031 01:37:06,079 --> 01:37:09,840 do that my concern is have we thought about it enough to 2032 01:37:09,840 --> 01:37:11,199 make sure that that's 2033 01:37:11,199 --> 01:37:14,420 what we want this to start becoming because we're at the 2034 01:37:14,420 --> 01:37:15,319 top of the heap 2035 01:37:15,319 --> 01:37:19,560 here with with this don't zoning designation so so that's 2036 01:37:19,560 --> 01:37:20,520 that's my 2037 01:37:20,520 --> 01:37:25,420 concern it's not to to to handcuff this owner it's to think 2038 01:37:25,420 --> 01:37:26,479 of the other 2039 01:37:26,479 --> 01:37:29,069 property owners in the future of that particular zone in 2040 01:37:29,069 --> 01:37:29,920 the city but I 2041 01:37:29,920 --> 01:37:35,800 appreciate your comments thank you Commissioner Sanchez my 2042 01:37:35,800 --> 01:37:36,520 biggest 2043 01:37:36,520 --> 01:37:40,270 consideration consideration is basically what the city says 2044 01:37:40,270 --> 01:37:41,680 it's a primary 2045 01:37:41,680 --> 01:37:49,310 arterial arterial road so over time I think in the next 10 2046 01:37:49,310 --> 01:37:50,439 15 20 years you're 2047 01:37:50,439 --> 01:37:54,109 gonna see more that was businesses that you see prior to 2048 01:37:54,109 --> 01:37:55,680 March those businesses 2049 01:37:55,680 --> 01:37:58,920 all that is going to expand so I think it's a it's a 2050 01:37:58,920 --> 01:38:01,119 reasonable recommendation 2051 01:38:01,119 --> 01:38:08,659 and I'm gonna vote for it I'm gonna echo Commissioner San 2052 01:38:08,659 --> 01:38:10,760 chez comments as I look 2053 01:38:10,760 --> 01:38:16,770 at the area further to the west over towards 51 there's a 2054 01:38:16,770 --> 01:38:17,880 pretty good sized 2055 01:38:17,880 --> 01:38:22,109 commercial use there and I think because of the text on 2056 01:38:22,109 --> 01:38:23,960 improvements to six lane 2057 01:38:23,960 --> 01:38:28,460 road that it ultimately this will become some type of a 2058 01:38:28,460 --> 01:38:29,760 commercial corridor for 2059 01:38:29,760 --> 01:38:34,390 our city for the matter of fact that because of all the gas 2060 01:38:34,390 --> 01:38:35,640 wells it will be 2061 01:38:35,640 --> 01:38:39,039 very difficult if not impossible to meet the setback 2062 01:38:39,039 --> 01:38:40,800 requirements because of the 2063 01:38:40,800 --> 01:38:44,970 gas wells and because of the infrastructure that's there 2064 01:38:44,970 --> 01:38:45,479 with the 2065 01:38:45,479 --> 01:38:49,710 six lane highway and commercial uses already up and down 3 2066 01:38:49,710 --> 01:38:50,760 80 to the west and 2067 01:38:50,760 --> 01:38:53,470 going on over to Decatur I think ultimately that's where we 2068 01:38:53,470 --> 01:38:53,920 're gonna go 2069 01:38:53,920 --> 01:38:59,850 and to your point I understand it is early but I think this 2070 01:38:59,850 --> 01:39:01,199 is going to be 2071 01:39:01,199 --> 01:39:04,579 the the direction that this whole area will ultimately move 2072 01:39:04,579 --> 01:39:05,680 in just because of 2073 01:39:05,680 --> 01:39:09,479 the features that are around it and the accessibility that 2074 01:39:09,479 --> 01:39:10,800 's out there and the 2075 01:39:10,800 --> 01:39:15,149 need for services so I'm going to support the zoning change 2076 01:39:15,149 --> 01:39:16,199 as well and 2077 01:39:16,199 --> 01:39:19,560 with that unless there any other comments or discussion I'm 2078 01:39:19,560 --> 01:39:20,399 going to call 2079 01:39:20,399 --> 01:39:23,939 for a vote on the board and the motion before us is a first 2080 01:39:23,939 --> 01:39:24,920 and a second to 2081 01:39:24,920 --> 01:39:31,119 approve with that I'll call for a vote on board 2082 01:39:36,800 --> 01:39:42,779 and motion is going to carry five to one that will move us 2083 01:39:42,779 --> 01:39:44,399 to item B in our 2084 01:39:44,399 --> 01:39:48,649 public hearings this evening at this time I'm going to open 2085 01:39:48,649 --> 01:39:50,239 Z 17 - zero zero 2086 01:39:50,239 --> 01:39:55,760 three two and call on Cindy Jackson for presentation 2087 01:40:07,039 --> 01:40:07,170 Z 17 - zero zero three two is a request to rezone 2088 01:40:07,170 --> 01:40:13,720 approximately eight point nine 2089 01:40:13,720 --> 01:40:17,029 acres of land from neighborhood residential six and our 2090 01:40:17,029 --> 01:40:17,880 sixth zoning 2091 01:40:17,880 --> 01:40:22,109 district to neighborhood residential mixed use 12 NRMU 12 2092 01:40:22,109 --> 01:40:23,420 zoning district the 2093 01:40:23,420 --> 01:40:26,960 site is generally located on the southwest side of Colorado 2094 01:40:26,960 --> 01:40:27,640 Boulevard 2095 01:40:27,640 --> 01:40:27,640 approximately 315 feet northwest of San Jacinto here at the 2096 01:40:27,640 --> 01:40:36,100 top you see our 2097 01:40:36,100 --> 01:40:39,340 current zoning map which shows the NR6 zoning and at the 2098 01:40:39,340 --> 01:40:40,560 bottom you'll you see 2099 01:40:40,560 --> 01:40:43,560 the proposed zoning map which shows the proposed zoning 2100 01:40:43,560 --> 01:40:44,840 district as you can see 2101 01:40:44,840 --> 01:40:51,149 this district is a continuation of the NR12 district that's 2102 01:40:51,149 --> 01:40:53,960 to the north future 2103 01:40:53,960 --> 01:40:57,939 land use map designation for this site is moderate density 2104 01:40:57,939 --> 01:40:58,920 single-family 2105 01:40:58,920 --> 01:41:02,729 residential which permits single-family residential on 2106 01:41:02,729 --> 01:41:04,279 small lots with a density 2107 01:41:04,279 --> 01:41:07,689 of between four to twelve dwelling units per acre this is 2108 01:41:07,689 --> 01:41:09,239 typically used as a 2109 01:41:09,239 --> 01:41:13,750 transition between the established single-family 2110 01:41:13,750 --> 01:41:15,399 neighborhoods and 2111 01:41:15,399 --> 01:41:20,220 commercial areas or mixed-use areas as you can see we've 2112 01:41:20,220 --> 01:41:22,399 got to the west low 2113 01:41:22,399 --> 01:41:28,560 density residential and then we've got to the southeast 2114 01:41:28,560 --> 01:41:30,239 regional mixed use which 2115 01:41:30,239 --> 01:41:33,229 is actually the site of the Golden Triangle Mall and 2116 01:41:33,229 --> 01:41:34,319 associated pad sites 2117 01:41:34,319 --> 01:41:41,449 and commercial uses excuse me residential uses permitted in 2118 01:41:41,449 --> 01:41:42,000 the NR 12 2119 01:41:42,000 --> 01:41:45,640 zoning district are consistent with the future land use 2120 01:41:45,640 --> 01:41:47,359 plan designation however 2121 01:41:47,359 --> 01:41:50,529 permitted multifamily and commercial uses would not be 2122 01:41:50,529 --> 01:41:51,800 conforming with this 2123 01:41:51,800 --> 01:41:57,670 site for that reason staff is recommending an overlay which 2124 01:41:57,670 --> 01:41:58,079 will 2125 01:41:58,079 --> 01:42:03,960 restrict the uses to single-family townhomes and a maximum 2126 01:42:03,960 --> 01:42:05,039 density of 10 2127 01:42:05,039 --> 01:42:12,520 dwelling units per acre moderate density residential 2128 01:42:12,520 --> 01:42:13,840 neighborhoods are appropriate 2129 01:42:13,840 --> 01:42:17,909 along secondary arterials which is what Colorado Boulevard 2130 01:42:17,909 --> 01:42:19,079 is it should provide 2131 01:42:19,079 --> 01:42:23,250 adequate visibility and access the NRMU 12 district is 2132 01:42:23,250 --> 01:42:24,560 typically in close 2133 01:42:24,560 --> 01:42:29,090 proximity to low density residential neighborhoods as I 2134 01:42:29,090 --> 01:42:30,359 mentioned as and it's 2135 01:42:30,359 --> 01:42:33,989 used as a transition or buffer to more intense commercial 2136 01:42:33,989 --> 01:42:36,640 uses the NRMU 12 2137 01:42:36,640 --> 01:42:40,569 district it limits the residential density and scale the 2138 01:42:40,569 --> 01:42:41,800 density is limited 2139 01:42:41,800 --> 01:42:45,350 per the district to 12 but we are requesting an overlay to 2140 01:42:45,350 --> 01:42:47,079 restrict that to 2141 01:42:47,079 --> 01:42:52,909 10 the development must comply with all standards including 2142 01:42:52,909 --> 01:42:53,600 the ESA tree 2143 01:42:53,600 --> 01:42:56,279 preservation buffer standards screening tree canopy and 2144 01:42:56,279 --> 01:42:57,520 light requirements and 2145 01:42:57,520 --> 01:43:01,229 the infrastructure needs will be assessed for the site at 2146 01:43:01,229 --> 01:43:02,000 the time of 2147 01:43:02,000 --> 01:43:08,859 plotting and site plan the site has 904 linear feet of 2148 01:43:08,859 --> 01:43:10,640 frontage on Colorado 2149 01:43:10,640 --> 01:43:14,810 Boulevard Colorado Boulevard is designated as a secondary 2150 01:43:14,810 --> 01:43:16,560 arterial part 2151 01:43:16,560 --> 01:43:21,119 of it is four lane divided excuse me four lane undivided 2152 01:43:21,119 --> 01:43:21,840 and as we get closer 2153 01:43:21,840 --> 01:43:24,510 to the intersection with Hatt San Jacinto it becomes a four 2154 01:43:24,510 --> 01:43:25,640 lane divided 2155 01:43:25,640 --> 01:43:29,399 during the work session there were questions about the stub 2156 01:43:29,399 --> 01:43:30,359 out of Claremont 2157 01:43:30,359 --> 01:43:34,890 and and why it was there this site was originally supposed 2158 01:43:34,890 --> 01:43:36,479 to be phase two of 2159 01:43:36,479 --> 01:43:41,560 the patio homes that are located here and for reasons that 2160 01:43:41,560 --> 01:43:43,199 I couldn't find it 2161 01:43:43,199 --> 01:43:47,369 it never developed that way and so this is what the new 2162 01:43:47,369 --> 01:43:50,239 proposal is compatibility 2163 01:43:50,239 --> 01:43:54,710 with the the zoning surrounded zoning there is NR three 2164 01:43:54,710 --> 01:43:56,399 single-family to the 2165 01:43:56,399 --> 01:44:03,020 west and our six to the southwest our CCD to the southeast 2166 01:44:03,020 --> 01:44:05,880 which is a intense 2167 01:44:05,880 --> 01:44:11,279 commercial area and NRMU 12 and multifamily out to the 2168 01:44:11,279 --> 01:44:13,600 north the area is 2169 01:44:13,600 --> 01:44:18,640 the request is very compatible with the surrounding zoning 2170 01:44:18,640 --> 01:44:20,119 we sent out 2171 01:44:20,119 --> 01:44:26,000 35 notices on February 2nd via certified mail and 116 2172 01:44:26,000 --> 01:44:27,239 courtesy notices went out 2173 01:44:27,239 --> 01:44:33,260 as well we've received six responses in opposition and two 2174 01:44:33,260 --> 01:44:35,119 in favor and one 2175 01:44:35,119 --> 01:44:39,069 neutral and and one of the responses is right up here it's 2176 01:44:39,069 --> 01:44:39,920 difficult to tell 2177 01:44:39,920 --> 01:44:44,380 because it kind of blends in with the boundary line of the 2178 01:44:44,380 --> 01:44:46,920 200 feet staff 2179 01:44:46,920 --> 01:44:50,880 recommends approval of this request with the condition that 2180 01:44:50,880 --> 01:44:52,079 mixed use overlay 2181 01:44:52,079 --> 01:44:57,319 district be applied to the site with the following 2182 01:44:57,319 --> 01:44:58,520 conditions that there shall be 2183 01:44:58,520 --> 01:45:01,520 no uses permitted other than single-family attached town 2184 01:45:01,520 --> 01:45:02,720 homes 2185 01:45:02,720 --> 01:45:06,279 including duplexes or single-family detached units it would 2186 01:45:06,279 --> 01:45:06,779 just be town 2187 01:45:06,779 --> 01:45:10,550 homes the overall density of the site shall not exceed 10 2188 01:45:10,550 --> 01:45:11,399 dwelling units per 2189 01:45:11,399 --> 01:45:15,630 acre and that concludes my presentation and the applicant 2190 01:45:15,630 --> 01:45:16,960 is here if you have 2191 01:45:16,960 --> 01:45:21,439 questions Cindy question another came up in work session 2192 01:45:21,439 --> 01:45:22,920 what is the height 2193 01:45:22,920 --> 01:45:30,050 maximum on in our six I think it's 65 but let me double 2194 01:45:30,050 --> 01:45:30,079 check 2195 01:45:34,760 --> 01:45:39,319 what is in our 12 though 2196 01:45:40,399 --> 01:45:47,109 just like this up here we had discrepancy there just to 2197 01:45:47,109 --> 01:45:49,439 clarify I think 2198 01:45:49,439 --> 01:45:53,090 we're having a little sidebar discussion and I get frowned 2199 01:45:53,090 --> 01:45:53,439 at right 2200 01:45:53,439 --> 01:45:58,239 quick here amongst us the height requirements or maximums 2201 01:45:58,239 --> 01:45:58,920 on would you 2202 01:45:58,920 --> 01:46:02,079 when you get to the code for mr. inner me 12 it's 40 feet 2203 01:46:02,079 --> 01:46:04,359 okay and in our six is 2204 01:46:04,359 --> 01:46:10,229 40 as well so they're the same height requirement in both 2205 01:46:10,229 --> 01:46:10,479 okay 2206 01:46:14,279 --> 01:46:22,680 Commissioner Smith nothing I withdraw my request I think I 2207 01:46:22,680 --> 01:46:24,079 stole your question 2208 01:46:24,079 --> 01:46:37,640 maybe okay any other questions for staff thank you Cindy 2209 01:46:37,640 --> 01:46:39,520 this is a public hearing 2210 01:46:39,520 --> 01:46:44,579 and the first card that I have is the applicant and I'll 2211 01:46:44,579 --> 01:46:46,560 call on Eric Schmidt 2212 01:46:47,000 --> 01:46:50,369 if you'll give your name and address for us I think you'll 2213 01:46:50,369 --> 01:46:51,640 have up to ten minutes 2214 01:46:51,640 --> 01:46:56,359 sir yes sir thank you good evening my name is Eric Schmidt 2215 01:46:56,359 --> 01:46:58,000 's property here in 2216 01:46:58,000 --> 01:47:03,869 Denton 207 West Hickory and there is basically this 2217 01:47:03,869 --> 01:47:05,039 property has been here 2218 01:47:05,039 --> 01:47:09,439 for a long time and as Cindy was saying never did really 2219 01:47:09,439 --> 01:47:12,060 develop I feel like the 2220 01:47:12,060 --> 01:47:16,699 proposed use of townhome is an excellent buffer between the 2221 01:47:16,699 --> 01:47:18,399 hard commercial mall 2222 01:47:18,399 --> 01:47:22,319 bowling alley and the apartments on the north side or the 2223 01:47:22,319 --> 01:47:23,560 opposite side of 2224 01:47:23,560 --> 01:47:29,439 Colorado and the garden homes that surround us we held a 2225 01:47:29,439 --> 01:47:31,520 meeting open public 2226 01:47:31,520 --> 01:47:36,680 meeting Monday February 12th and we had 42 people show up 2227 01:47:36,680 --> 01:47:42,119 and had mixed feedback 2228 01:47:42,119 --> 01:47:48,359 I would say 50/50 we took into consideration the main 2229 01:47:48,359 --> 01:47:49,359 concerns of the 2230 01:47:49,359 --> 01:47:54,020 of the folks in the area such as the buffer between the 2231 01:47:54,020 --> 01:47:55,640 existing residential 2232 01:47:55,640 --> 01:48:00,619 and the proposed development and considered that we would 2233 01:48:00,619 --> 01:48:01,800 be willing to 2234 01:48:01,800 --> 01:48:06,079 construct a fence you know upon the city's approval in 2235 01:48:06,079 --> 01:48:06,920 addition we were 2236 01:48:06,920 --> 01:48:12,789 going to landscape the buffer between those we talked about 2237 01:48:12,789 --> 01:48:14,520 the trees we're 2238 01:48:14,520 --> 01:48:20,390 willing to replace the hardwood species on a caliper plus 2239 01:48:20,390 --> 01:48:22,800 basis so that we would 2240 01:48:22,800 --> 01:48:27,869 line Colorado with an ash fence and or hardwood species 2241 01:48:27,869 --> 01:48:29,039 probably live oak or 2242 01:48:29,039 --> 01:48:33,880 red oak or something like this in addition we have in the 2243 01:48:33,880 --> 01:48:34,640 development of 2244 01:48:34,640 --> 01:48:39,069 proposed amenity center and dog park would have a pool and 2245 01:48:39,069 --> 01:48:40,479 clubhouse something 2246 01:48:40,479 --> 01:48:44,359 like that for the folks that live there walking trail and 2247 01:48:44,359 --> 01:48:46,000 we invited the folks 2248 01:48:46,000 --> 01:48:50,579 that were contiguous to have access to those facilities as 2249 01:48:50,579 --> 01:48:51,720 well as they were 2250 01:48:51,720 --> 01:48:56,170 like as they would like to some of the main concerns and it 2251 01:48:56,170 --> 01:48:57,159 was interesting the 2252 01:48:57,159 --> 01:49:00,960 folks that showed up lots of them were elderly retired 2253 01:49:00,960 --> 01:49:03,199 folks and just didn't 2254 01:49:03,199 --> 01:49:08,029 want to have a big disturbance and I assured them that our 2255 01:49:08,029 --> 01:49:09,680 proposal is fee 2256 01:49:09,680 --> 01:49:13,170 ownership these folks it's not apartment or a strip center 2257 01:49:13,170 --> 01:49:13,920 or something that 2258 01:49:13,920 --> 01:49:18,439 would probably be more likely for this particular property 2259 01:49:18,439 --> 01:49:19,880 these folks will own 2260 01:49:19,880 --> 01:49:24,050 their homes and part of the requirements for each of the 2261 01:49:24,050 --> 01:49:25,439 homes would be also 2262 01:49:25,439 --> 01:49:31,310 another hardwood tree minimum of one they have driveways as 2263 01:49:31,310 --> 01:49:32,399 well as garages 2264 01:49:32,399 --> 01:49:36,890 on site one of the concerns was off-street parking or on-st 2265 01:49:36,890 --> 01:49:37,720 reet parking 2266 01:49:37,720 --> 01:49:41,689 so we created an area in the proposed flat for guest 2267 01:49:41,689 --> 01:49:43,319 parking added an 2268 01:49:43,319 --> 01:49:49,819 additional 12 spaces for that the last discussions we had 2269 01:49:49,819 --> 01:49:51,399 and we're open to 2270 01:49:51,399 --> 01:49:54,939 feedback is the main entrance or the grand entrance which 2271 01:49:54,939 --> 01:49:56,079 would be Colorado 2272 01:49:56,079 --> 01:50:01,590 Boulevard a very nice landscaped entrance and they didn't 2273 01:50:01,590 --> 01:50:03,279 want this traffic to 2274 01:50:03,279 --> 01:50:06,859 flow through to behind the bank into the garden home 2275 01:50:06,859 --> 01:50:08,520 development as a through 2276 01:50:08,520 --> 01:50:13,199 street and so the engineers and I met and thought well 2277 01:50:13,199 --> 01:50:15,159 maybe we could make that 2278 01:50:15,159 --> 01:50:18,149 a they call it I guess a crash gate where the fire 2279 01:50:18,149 --> 01:50:19,720 department or the police 2280 01:50:19,720 --> 01:50:21,850 could get through if there was an emergency and for 2281 01:50:21,850 --> 01:50:22,800 whatever reason the 2282 01:50:22,800 --> 01:50:26,399 main gate was blocked off or inaccessible so we felt like 2283 01:50:26,399 --> 01:50:27,239 that would be a good 2284 01:50:27,239 --> 01:50:33,739 compromise and we're prepared to do that basically it's it 2285 01:50:33,739 --> 01:50:35,399 's a real tasteful 2286 01:50:35,399 --> 01:50:41,020 townhome type mix I think the market we're sorely lacking 2287 01:50:41,020 --> 01:50:42,399 for this price 2288 01:50:42,399 --> 01:50:47,739 point of home 275 to 350s they anticipated sale price of 2289 01:50:47,739 --> 01:50:49,600 these homes 2290 01:50:49,600 --> 01:50:53,560 and there's a bus route there and we've also figured out a 2291 01:50:53,560 --> 01:50:54,760 configuration with 2292 01:50:54,760 --> 01:51:00,640 the preliminary traffic study to have a turn lane in front 2293 01:51:00,640 --> 01:51:02,199 as a middle line to 2294 01:51:02,199 --> 01:51:04,970 Colorado Boulevard where we could reconfigure the median 2295 01:51:04,970 --> 01:51:05,399 and the 2296 01:51:05,399 --> 01:51:08,479 development group is prepared to do that to make that 2297 01:51:08,479 --> 01:51:09,960 happen there's it seems to 2298 01:51:09,960 --> 01:51:13,520 be a lot of land in the middle where Colorado gets narrowed 2299 01:51:13,520 --> 01:51:15,000 down there for for 2300 01:51:15,000 --> 01:51:18,180 some reason but there's plenty room for a turn lane there 2301 01:51:18,180 --> 01:51:18,720 and we could 2302 01:51:18,720 --> 01:51:23,640 reconfigure that at our expense to help with the traffic 2303 01:51:23,640 --> 01:51:28,119 flow so we addressed of 2304 01:51:28,119 --> 01:51:32,729 the eight points that the folks had at the meeting or 2305 01:51:32,729 --> 01:51:34,800 excuse me ten we came 2306 01:51:34,800 --> 01:51:42,430 back and have agreed or deferred to the the folks around us 2307 01:51:42,430 --> 01:51:44,039 on eight of them and 2308 01:51:44,039 --> 01:51:47,449 one of the two that are remainer they just don't want to 2309 01:51:47,449 --> 01:51:48,840 see any development 2310 01:51:48,840 --> 01:51:53,470 there so we're trying to get by the best we can I 2311 01:51:53,470 --> 01:51:55,079 appreciate your time and 2312 01:51:55,079 --> 01:51:58,960 consideration I'm open for questions okay commissioner back 2313 01:51:58,960 --> 01:51:59,800 thank you chair 2314 01:51:59,800 --> 01:52:02,920 and thank you mr. Smith for your presentation and I want to 2315 01:52:02,920 --> 01:52:03,720 commend you 2316 01:52:03,720 --> 01:52:07,359 on holding a neighborhood meeting that seems to be 2317 01:52:07,359 --> 01:52:09,439 something that developers 2318 01:52:11,880 --> 01:52:18,359 what's a crash gate it's a gate that they have it's a small 2319 01:52:18,359 --> 01:52:19,079 gate that could 2320 01:52:19,079 --> 01:52:22,569 be crashed through pretty easily but it's a control gate so 2321 01:52:22,569 --> 01:52:23,279 that the fire 2322 01:52:23,279 --> 01:52:26,510 department and this is my understanding the fire department 2323 01:52:26,510 --> 01:52:27,159 the police 2324 01:52:27,159 --> 01:52:30,489 department either has electronic access where they can open 2325 01:52:30,489 --> 01:52:33,279 it 24/7 or have a 2326 01:52:33,279 --> 01:52:37,449 key or a lock in every city is different but basically 2327 01:52:37,449 --> 01:52:39,039 there's nobody driving 2328 01:52:39,039 --> 01:52:42,159 back and forth through the property on a regular basis and 2329 01:52:42,159 --> 01:52:43,359 the way it's designed 2330 01:52:43,359 --> 01:52:47,239 in our proposed plan they wouldn't necessarily need to is 2331 01:52:47,239 --> 01:52:48,159 the main entrance 2332 01:52:48,159 --> 01:52:52,439 would would serve everybody to ingress and egress but per 2333 01:52:52,439 --> 01:52:53,680 the requirements and 2334 01:52:53,680 --> 01:52:56,840 I think the majority of the emphasis on that requirement 2335 01:52:56,840 --> 01:52:58,079 are for emergency access 2336 01:52:58,079 --> 01:53:01,300 and so we're trying to make a provision for that okay that 2337 01:53:01,300 --> 01:53:02,640 makes sense now did I 2338 01:53:02,640 --> 01:53:06,130 hear you right that you're willing to offer the amenities 2339 01:53:06,130 --> 01:53:07,279 you're going to be 2340 01:53:07,279 --> 01:53:11,270 putting in this to the garden home community to to 2341 01:53:11,270 --> 01:53:12,159 everybody that's 2342 01:53:12,159 --> 01:53:15,319 contiguous along there we offered them the right to come to 2343 01:53:15,319 --> 01:53:16,199 the dog parks or 2344 01:53:16,199 --> 01:53:20,430 the walk park so they can come through that crash gate area 2345 01:53:20,430 --> 01:53:21,560 yes sir okay we 2346 01:53:21,560 --> 01:53:25,539 would continue the sidewalk into the community and it's 2347 01:53:25,539 --> 01:53:26,960 pretty close to the 2348 01:53:26,960 --> 01:53:30,600 garden homes I had a couple of folks that are over in the 2349 01:53:30,600 --> 01:53:31,560 larger homes that 2350 01:53:31,560 --> 01:53:35,180 one guy wanted a gate another guy didn't didn't want a gate 2351 01:53:35,180 --> 01:53:36,159 and so I wouldn't 2352 01:53:36,159 --> 01:53:40,229 sure how that would work but if we do like a masonry wall 2353 01:53:40,229 --> 01:53:40,880 or a pretty 2354 01:53:40,880 --> 01:53:43,949 substantial wall that we're anticipating he'd probably have 2355 01:53:43,949 --> 01:53:44,840 to go around and come 2356 01:53:44,840 --> 01:53:48,710 up the back street right okay one last thing concern 2357 01:53:48,710 --> 01:53:50,000 mentioned by some of the 2358 01:53:50,000 --> 01:53:53,569 residents there is the height and I know you wanted to 2359 01:53:53,569 --> 01:53:55,039 build three store up to 2360 01:53:55,039 --> 01:53:58,029 three story I think the height is 40 feet is that right 2361 01:53:58,029 --> 01:53:59,159 thank you okay and 2362 01:53:59,159 --> 01:54:02,829 that that would allow a three-story but do you see yourself 2363 01:54:02,829 --> 01:54:04,000 accommodating the 2364 01:54:04,000 --> 01:54:07,199 residents in the garden homes where you could put the 2365 01:54:07,199 --> 01:54:08,640 second and third story 2366 01:54:08,640 --> 01:54:13,380 buildings closer to Colorado yes we're studying that right 2367 01:54:13,380 --> 01:54:14,880 now and the plan 2368 01:54:14,880 --> 01:54:18,510 that the builders that we're working with the three story 2369 01:54:18,510 --> 01:54:21,119 is about 32 feet so 2370 01:54:21,119 --> 01:54:26,989 we'll be under the 40 however they the houses that are the 2371 01:54:26,989 --> 01:54:28,159 lower density lowest 2372 01:54:28,159 --> 01:54:32,390 density if you will that are contiguous we're thinking that 2373 01:54:32,390 --> 01:54:33,159 we might could limit 2374 01:54:33,159 --> 01:54:37,079 those to a two-story which is no different than is already 2375 01:54:37,079 --> 01:54:37,560 in the 2376 01:54:37,560 --> 01:54:41,250 neighborhood in our suits and so far as they're contiguous 2377 01:54:41,250 --> 01:54:42,199 to that back fence 2378 01:54:42,199 --> 01:54:45,430 that abuts the development I think that we could probably 2379 01:54:45,430 --> 01:54:46,239 work with them on a 2380 01:54:46,239 --> 01:54:50,920 two-story configuration on those parcels just just for 2381 01:54:50,920 --> 01:54:52,439 everybody's if you missed 2382 01:54:52,439 --> 01:54:55,979 it up here in our six which is there now would allow the 2383 01:54:55,979 --> 01:54:57,600 same height somebody 2384 01:54:57,600 --> 01:55:01,470 want to build a two-story house back in the garden house 2385 01:55:01,470 --> 01:55:03,359 that could be done so just 2386 01:55:03,359 --> 01:55:08,630 want to make that point right and staff mentioned that it 2387 01:55:08,630 --> 01:55:09,800 would be at a limit of 2388 01:55:09,800 --> 01:55:13,760 ten dwelling units per acre but she mentioned something 2389 01:55:13,760 --> 01:55:14,920 about you wanting to 2390 01:55:14,920 --> 01:55:17,689 bring it down today we're yeah we're less than that 2391 01:55:17,689 --> 01:55:20,119 actually I think one plane we 2392 01:55:20,119 --> 01:55:25,670 had was like 74 and the other was 78 and so instead of 85 2393 01:55:25,670 --> 01:55:26,880 or 90 whatever that 2394 01:55:26,880 --> 01:55:31,840 equates to 8.9 to be 89 we're already dropping it down and 2395 01:55:31,840 --> 01:55:32,359 that's to make 2396 01:55:32,359 --> 01:55:36,590 provision for the green dog park and the walkways and 2397 01:55:36,590 --> 01:55:39,199 landscape buffer okay thank 2398 01:55:39,199 --> 01:55:47,039 you any other questions for the applicant 2399 01:55:47,800 --> 01:55:51,279 thank you sir yes quite a few cards you might want to stay 2400 01:55:51,279 --> 01:55:52,439 close if we need to 2401 01:55:52,439 --> 01:56:01,729 thank you the next card I have is Jennifer gear 1512 Greens 2402 01:56:01,729 --> 01:56:02,399 Point Circle 2403 01:56:02,399 --> 01:56:06,569 it's not marked as to whether it's opposition or support 2404 01:56:06,569 --> 01:56:07,720 please give us 2405 01:56:07,720 --> 01:56:11,159 your name and address certainly my name is Jennifer gear 2406 01:56:11,159 --> 01:56:12,920 and I'm on 1512 Greens 2407 01:56:12,920 --> 01:56:15,930 Point Circle and I appreciate the opportunity to talk thank 2408 01:56:15,930 --> 01:56:16,640 you very much 2409 01:56:16,640 --> 01:56:20,810 I had meant to put opposed I just turned in my card a bit 2410 01:56:20,810 --> 01:56:21,960 quickly so that was the 2411 01:56:21,960 --> 01:56:28,000 intent on it but but staffs input on the overlay actually 2412 01:56:28,000 --> 01:56:30,199 is a very key point to 2413 01:56:30,199 --> 01:56:34,390 me because one of my concerns is that I live on a cul-de-s 2414 01:56:34,390 --> 01:56:36,199 ac and I actually love 2415 01:56:36,199 --> 01:56:39,220 the area because it's a nice private cul-de-sac but there's 2416 01:56:39,220 --> 01:56:40,560 great easy access 2417 01:56:40,560 --> 01:56:43,779 to the major roads Colorado and such it's a really nice 2418 01:56:43,779 --> 01:56:45,159 location so my 2419 01:56:45,159 --> 01:56:49,829 concern was that the zoning could change somebody else 2420 01:56:49,829 --> 01:56:51,279 could buy out the project 2421 01:56:51,279 --> 01:56:54,170 and it could become apartments or something like this which 2422 01:56:54,170 --> 01:56:54,800 I really did 2423 01:56:54,800 --> 01:56:58,119 not want so townhomes if something is going to be built 2424 01:56:58,119 --> 01:57:00,220 there is more 2425 01:57:00,220 --> 01:57:06,100 amenable to me so then my my remaining concerns are really 2426 01:57:06,100 --> 01:57:07,899 traffic because 2427 01:57:07,899 --> 01:57:10,979 Colorado can be pretty busy I don't know if there's a way 2428 01:57:10,979 --> 01:57:12,340 of having it go out to 2429 01:57:12,340 --> 01:57:18,220 San Jacinto I'm not sure if that becomes an option or not 2430 01:57:18,220 --> 01:57:20,140 and then the privacy 2431 01:57:20,140 --> 01:57:24,140 how you know if there's a nice brick wall with sound abat 2432 01:57:24,140 --> 01:57:25,560 ement that sort of 2433 01:57:25,560 --> 01:57:29,920 thing in it and the aesthetics of it because I did not have 2434 01:57:29,920 --> 01:57:31,640 the the details 2435 01:57:31,640 --> 01:57:34,010 on the landscaping so a little bit was talked about but 2436 01:57:34,010 --> 01:57:34,880 there weren't any 2437 01:57:34,880 --> 01:57:38,340 visuals so I actually don't see and that's very important 2438 01:57:38,340 --> 01:57:39,079 to me because we 2439 01:57:39,079 --> 01:57:43,069 have a nice community very nice cul-de-sacs and I don't 2440 01:57:43,069 --> 01:57:44,880 want that to be 2441 01:57:44,880 --> 01:57:51,079 encumbered by a very high density look to it so I want a 2442 01:57:51,079 --> 01:57:52,800 nice marriage of the 2443 01:57:52,800 --> 01:57:57,750 two if that is going to be built I will say that I did not 2444 01:57:57,750 --> 01:58:00,079 I was at the that 2445 01:58:00,079 --> 01:58:02,850 meeting you referred to and I did not see a 50/50 I 2446 01:58:02,850 --> 01:58:04,000 definitely saw that the 2447 01:58:04,000 --> 01:58:06,710 community was not that interested in having a development 2448 01:58:06,710 --> 01:58:07,720 there but that 2449 01:58:07,720 --> 01:58:11,579 townhomes probably seem to be the lesser of possible evils 2450 01:58:11,579 --> 01:58:12,279 out there 2451 01:58:12,279 --> 01:58:16,039 certainly we'd rather have single-family detached rather 2452 01:58:16,039 --> 01:58:17,079 than single-family 2453 01:58:17,079 --> 01:58:20,479 attached but single-family attached is better than some of 2454 01:58:20,479 --> 01:58:22,800 the other options so 2455 01:58:22,800 --> 01:58:28,920 I guess in summary if the aesthetics of it the the greenery 2456 01:58:28,920 --> 01:58:30,760 the trees and such 2457 01:58:30,760 --> 01:58:35,920 are really nice nearby then I think that might be amenable 2458 01:58:35,920 --> 01:58:37,840 I guess one final note 2459 01:58:37,840 --> 01:58:41,699 is that a lot of the existing residents in the cul-de-sacs 2460 01:58:41,699 --> 01:58:42,920 area a lot of them 2461 01:58:42,920 --> 01:58:45,470 are elderly and most people said that they probably wouldn 2462 01:58:45,470 --> 01:58:46,159 't be using the 2463 01:58:46,159 --> 01:58:49,300 amenities even so so it's a nice offer but probably not to 2464 01:58:49,300 --> 01:58:50,920 be utilized so the 2465 01:58:50,920 --> 01:58:55,289 view the aesthetics the noise level the traffic I think 2466 01:58:55,289 --> 01:58:56,279 those are the bigger 2467 01:58:56,279 --> 01:59:00,010 issues of the actual residents thank you for the 2468 01:59:00,010 --> 01:59:01,800 opportunity to speak thank you 2469 01:59:01,800 --> 01:59:06,270 for coming this evening your comments next part I have is 2470 01:59:06,270 --> 01:59:07,319 Linda Dudley 2471 01:59:07,319 --> 01:59:14,319 1916 Cavender Circle in opposition to be followed by Gary 2472 01:59:14,319 --> 01:59:19,880 Glover hello our main 2473 01:59:19,880 --> 01:59:22,359 concern I live in the garden home can you give us your name 2474 01:59:22,359 --> 01:59:23,199 and address for 2475 01:59:23,199 --> 01:59:28,000 the record yes Linda Dudley 1916 Cavender thank you I live 2476 01:59:28,000 --> 01:59:28,640 in the garden 2477 01:59:28,640 --> 01:59:34,520 homes been there 13 years and we have enjoyed a quiet safe 2478 01:59:34,520 --> 01:59:36,279 neighborhood most 2479 01:59:36,279 --> 01:59:40,510 until recently it was all pretty much older people whose 2480 01:59:40,510 --> 01:59:41,880 children were grown 2481 01:59:41,880 --> 01:59:46,060 and gone and these are small homes up to like four feet 2482 01:59:46,060 --> 01:59:48,119 apart so we're in there 2483 01:59:48,119 --> 01:59:52,289 you know we're but we're all good friends and we we have 2484 01:59:52,289 --> 01:59:53,079 lived a safe 2485 01:59:53,079 --> 01:59:57,130 place you know we feel like we can go home at night and it 2486 01:59:57,130 --> 01:59:58,840 's quiet and we've 2487 01:59:58,840 --> 02:00:05,100 loved that but we own our streets our HOA we do not want 2488 02:00:05,100 --> 02:00:07,439 the traffic to come 2489 02:00:07,439 --> 02:00:11,260 through Claremont because our streets are narrow and how 2490 02:00:11,260 --> 02:00:13,199 this subdivision got 2491 02:00:13,199 --> 02:00:16,229 approved ever with these small streets we don't know but 2492 02:00:16,229 --> 02:00:17,479 there's no room for 2493 02:00:17,479 --> 02:00:21,649 any parking in the streets on on my street and the next 2494 02:00:21,649 --> 02:00:23,520 street over so any 2495 02:00:23,520 --> 02:00:26,800 overflow that can't get in the garage or the or the 2496 02:00:26,800 --> 02:00:28,760 driveway parks on Claremont 2497 02:00:28,760 --> 02:00:32,590 that's the only place because there's no room for fire 2498 02:00:32,590 --> 02:00:34,640 trucks or any emergency 2499 02:00:34,640 --> 02:00:38,869 vehicles to come in on those streets so that is our biggest 2500 02:00:38,869 --> 02:00:40,279 worry and concern 2501 02:00:40,279 --> 02:00:47,239 also of course noise crime high taxes just all that we 2502 02:00:47,239 --> 02:00:48,399 realize that there's 2503 02:00:48,399 --> 02:00:51,520 going to be development we can't control that and I guess 2504 02:00:51,520 --> 02:00:53,199 single-family would be 2505 02:00:53,199 --> 02:00:59,079 the most desirable but we 80 homes we can't even imagine 2506 02:00:59,079 --> 02:01:00,159 the traffic and the 2507 02:01:00,159 --> 02:01:03,199 noise that's going to be that's what we were told at the 2508 02:01:03,199 --> 02:01:04,560 meeting up to 80 homes 2509 02:01:04,560 --> 02:01:08,569 so our residences so we're just all concerned about how 2510 02:01:08,569 --> 02:01:09,800 that's going to 2511 02:01:09,800 --> 02:01:15,380 affect us our safety security noise just all of it and you 2512 02:01:15,380 --> 02:01:16,600 know we're just hoping 2513 02:01:16,600 --> 02:01:21,579 to keep it as quiet as possible and as you know low density 2514 02:01:21,579 --> 02:01:23,960 as possible and just 2515 02:01:23,960 --> 02:01:30,119 keep our neighbors from being just pretty much safe 2516 02:01:30,119 --> 02:01:31,479 question for you 2517 02:01:31,479 --> 02:01:34,239 Commissioner Smith thank you chair thank you ma'am come out 2518 02:01:34,239 --> 02:01:36,319 and speak tonight the 2519 02:01:36,319 --> 02:01:39,569 the applicant to talk about putting that crash gate up so 2520 02:01:39,569 --> 02:01:40,920 that emergency services 2521 02:01:40,920 --> 02:01:44,989 has access through Claremont just in the event it is hard 2522 02:01:44,989 --> 02:01:46,239 to just put up one 2523 02:01:46,239 --> 02:01:49,590 entrance in and out of a neighborhood and the fire code 2524 02:01:49,590 --> 02:01:50,920 that comes along with 2525 02:01:50,920 --> 02:01:53,909 that crash gate you think that's that's what's not it's not 2526 02:01:53,909 --> 02:01:54,800 open to the public 2527 02:01:54,800 --> 02:01:59,029 it's meant to be just purely for emergency personnel long 2528 02:01:59,029 --> 02:02:01,439 story short it's 2529 02:02:01,439 --> 02:02:04,119 basically it's a barrier that keeps it from public traffic 2530 02:02:04,119 --> 02:02:05,920 going through but if 2531 02:02:05,920 --> 02:02:07,920 like a fire truck needs to get through to this new 2532 02:02:07,920 --> 02:02:09,520 development they have the 2533 02:02:09,520 --> 02:02:14,310 ability to go through that gate we would prefer no at 2534 02:02:14,310 --> 02:02:16,279 minutes through our 2535 02:02:16,279 --> 02:02:21,420 neighborhood okay with trucks or whatever even the even in 2536 02:02:21,420 --> 02:02:22,199 the process of 2537 02:02:22,199 --> 02:02:26,079 an emergency well I guess if it was an emergency okay sure 2538 02:02:26,079 --> 02:02:26,880 I actually have a 2539 02:02:26,880 --> 02:02:29,720 question for the applicant now 2540 02:02:32,600 --> 02:02:36,609 yes sir projected value of the town homes you're building 2541 02:02:36,609 --> 02:02:38,479 in here 250 to 350 2542 02:02:38,479 --> 02:02:43,989 range great so anything okay I'm sorry one more size square 2543 02:02:43,989 --> 02:02:44,600 foot did you think 2544 02:02:44,600 --> 02:02:52,069 minimum of 1600 feet on up to like 2200 livable got thank 2545 02:02:52,069 --> 02:02:54,119 you I have a follow-up 2546 02:02:54,119 --> 02:02:58,289 question for miss Dudley one of the things the applicant 2547 02:02:58,289 --> 02:02:59,119 stated that they 2548 02:02:59,119 --> 02:03:02,439 were open to is restricting the height against the existing 2549 02:03:02,439 --> 02:03:03,680 neighborhood if 2550 02:03:03,680 --> 02:03:08,430 that's restricted to two stories with a maximum height on 2551 02:03:08,430 --> 02:03:09,720 it does that alleviate 2552 02:03:09,720 --> 02:03:12,800 some of the fears of the height backing right up to your 2553 02:03:12,800 --> 02:03:13,600 neighborhood that we 2554 02:03:13,600 --> 02:03:17,779 think it would in our neighborhood we have 36 homes they're 2555 02:03:17,779 --> 02:03:18,840 all one level 2556 02:03:18,840 --> 02:03:23,010 except for two and that is when you enter our subdivision 2557 02:03:23,010 --> 02:03:24,159 which is between 2558 02:03:24,159 --> 02:03:28,579 in wood bank building and then the strip center where Bur 2559 02:03:28,579 --> 02:03:30,079 lington Co. factory is 2560 02:03:30,079 --> 02:03:34,649 and that so there are two but the rest of it's just and so 2561 02:03:34,649 --> 02:03:36,359 that is is a concern 2562 02:03:36,359 --> 02:03:39,579 that there'll be tall buildings with people who can see 2563 02:03:39,579 --> 02:03:41,479 over you know into the 2564 02:03:41,479 --> 02:03:45,739 homes or the patios or whatever if we again if we added 2565 02:03:45,739 --> 02:03:47,600 that restriction is 2566 02:03:47,600 --> 02:03:51,159 there open to doing that two-story against the adjoining 2567 02:03:51,159 --> 02:03:51,720 with that help 2568 02:03:51,720 --> 02:03:55,829 allay some of the concerns I think it would but not as far 2569 02:03:55,829 --> 02:03:56,720 I mean you know I 2570 02:03:56,720 --> 02:04:00,050 still feel the same about coming through our neighborhood 2571 02:04:00,050 --> 02:04:01,600 sure yeah but the noise 2572 02:04:01,600 --> 02:04:06,279 and traffic and you know Colorado is not a huge street I 2573 02:04:06,279 --> 02:04:07,159 think it would really 2574 02:04:07,159 --> 02:04:10,149 jam up the traffic already if you go out of our 2575 02:04:10,149 --> 02:04:13,399 neighborhood and try to go on to 2576 02:04:13,399 --> 02:04:16,899 the loop from Colorado usually end up sitting through that 2577 02:04:16,899 --> 02:04:18,720 light maybe three 2578 02:04:18,720 --> 02:04:22,479 or four times right now just with the traffic that it's got 2579 02:04:22,479 --> 02:04:24,600 right now one 2580 02:04:24,600 --> 02:04:26,850 other observation I would just share with you on the 2581 02:04:26,850 --> 02:04:28,119 possibility of a second 2582 02:04:28,119 --> 02:04:32,000 point of egress that is gated it may be a benefit for your 2583 02:04:32,000 --> 02:04:33,399 neighborhood as well 2584 02:04:33,399 --> 02:04:36,489 if there was some type of an accident right there at in 2585 02:04:36,489 --> 02:04:37,600 wood bank and there's 2586 02:04:37,600 --> 02:04:40,979 emergency in your neighborhood there's no way to get into 2587 02:04:40,979 --> 02:04:42,560 it this development 2588 02:04:42,560 --> 02:04:46,729 with that emergency only gate within allow a second point 2589 02:04:46,729 --> 02:04:47,960 so there might be 2590 02:04:47,960 --> 02:04:50,949 another consideration for you all there for your future 2591 02:04:50,949 --> 02:04:52,439 well as long as it's a 2592 02:04:52,439 --> 02:04:57,159 crash gate as long as the all kinds of people can't crash 2593 02:04:57,159 --> 02:04:59,920 through there we're 2594 02:04:59,920 --> 02:05:03,000 gonna have to come up with a better term 2595 02:05:03,680 --> 02:05:10,920 emergency great one other question Commissioner Sanchez for 2596 02:05:10,920 --> 02:05:11,640 the applicant I 2597 02:05:11,640 --> 02:05:16,199 know I had the same question about what would be the square 2598 02:05:16,199 --> 02:05:17,000 footage as you said 2599 02:05:17,000 --> 02:05:20,000 about 1600 square foot that that's what we're anticipating 2600 02:05:20,000 --> 02:05:20,880 for the minimum size 2601 02:05:20,880 --> 02:05:26,310 living area up to 22 23 and they're gonna be more or less 2602 02:05:26,310 --> 02:05:27,720 for families yes 2603 02:05:27,720 --> 02:05:31,270 sir okay totally homeowners they own their property it's 2604 02:05:31,270 --> 02:05:32,159 nothing like an 2605 02:05:32,159 --> 02:05:37,510 apartment and they're not very micro small these are good- 2606 02:05:37,510 --> 02:05:41,520 sized homes okay 2607 02:05:41,520 --> 02:05:48,180 thank you I see no other questions thank you ma'am Gary Glo 2608 02:05:48,180 --> 02:05:50,279 ver to be followed by 2609 02:05:50,279 --> 02:05:57,239 Daniel Kettler and you sir are marked on your card in 2610 02:05:57,239 --> 02:05:58,159 opposition if you'll give 2611 02:05:58,159 --> 02:06:04,159 her name Gary Glover 1501 Greens Point one of my biggest 2612 02:06:04,159 --> 02:06:05,159 concerns is that my 2613 02:06:05,159 --> 02:06:09,859 house backs up directly to where this is going in it backs 2614 02:06:09,859 --> 02:06:11,439 up to the vacant lot 2615 02:06:11,439 --> 02:06:15,699 where I'm sitting sits up pretty high up on a hill even if 2616 02:06:15,699 --> 02:06:17,520 you build even as high 2617 02:06:17,520 --> 02:06:20,260 up as I am if you're building three-story units like is 2618 02:06:20,260 --> 02:06:21,000 talked about 2619 02:06:21,000 --> 02:06:23,590 that's still going to be looking down into my backyard 2620 02:06:23,590 --> 02:06:24,520 everyone else's 2621 02:06:24,520 --> 02:06:29,569 backyard that's my home basically two-story okay fine that 2622 02:06:29,569 --> 02:06:30,880 's going to be 2623 02:06:30,880 --> 02:06:33,640 about on an even par but three stories going to take away 2624 02:06:33,640 --> 02:06:34,680 just about every bit 2625 02:06:34,680 --> 02:06:40,550 of privacy that I have another issue has been has been 2626 02:06:40,550 --> 02:06:41,800 talked about the traffic 2627 02:06:41,800 --> 02:06:46,960 problems everything else miss gear I can testify to this 2628 02:06:46,960 --> 02:06:49,039 also that they're on 2629 02:06:49,039 --> 02:06:52,220 Greens Point one of the problems that we have on weekends 2630 02:06:52,220 --> 02:06:53,279 is that Colorado 2631 02:06:53,279 --> 02:06:56,710 courts or waters edge apartments now on weekends people go 2632 02:06:56,710 --> 02:06:57,720 over to see their 2633 02:06:57,720 --> 02:07:00,149 friends there's not enough guest parking over there they 2634 02:07:00,149 --> 02:07:01,039 park on the street all 2635 02:07:01,039 --> 02:07:04,029 the time now they're usually gone by Monday early Sunday 2636 02:07:04,029 --> 02:07:04,880 afternoon but 2637 02:07:04,880 --> 02:07:07,430 there's a lot of parkings we've had to have come and have 2638 02:07:07,430 --> 02:07:08,439 to have people just 2639 02:07:08,439 --> 02:07:11,159 parked their vehicles and left them there and we've had to 2640 02:07:11,159 --> 02:07:11,960 have them towed 2641 02:07:11,960 --> 02:07:16,210 eventually so I realized there will be additional parking 2642 02:07:16,210 --> 02:07:17,800 over here with the 2643 02:07:17,800 --> 02:07:20,359 with townhomes but that's still probably going to end up 2644 02:07:20,359 --> 02:07:21,960 being a problem one of 2645 02:07:21,960 --> 02:07:27,470 the questions that I had also was they said that these 2646 02:07:27,470 --> 02:07:28,960 would be comparable to 2647 02:07:28,960 --> 02:07:34,409 the three-story units the street three-story townhomes that 2648 02:07:34,409 --> 02:07:34,960 were at I 2649 02:07:34,960 --> 02:07:40,840 believe it's called 1450 Centerplace over behind Corinos 2650 02:07:40,840 --> 02:07:42,520 one of the thing one 2651 02:07:42,520 --> 02:07:45,510 of the questions I had is what about sanitation or is that 2652 02:07:45,510 --> 02:07:46,239 's going to be 2653 02:07:46,239 --> 02:07:49,239 individual pickup or they going to be dumpsters because the 2654 02:07:49,239 --> 02:07:50,239 ones over there on 2655 02:07:50,239 --> 02:07:56,859 Centerplace are dumpster usage another question that I have 2656 02:07:56,859 --> 02:07:58,199 again I sit up on a 2657 02:07:58,199 --> 02:08:01,979 hill is there's going to be an erosion problem there in 2658 02:08:01,979 --> 02:08:04,159 fact already is is this 2659 02:08:04,159 --> 02:08:06,840 going to be something that's going to be dealt with by the 2660 02:08:06,840 --> 02:08:07,760 city is this something 2661 02:08:07,760 --> 02:08:09,579 I'm gonna have to deal with or is this something that the 2662 02:08:09,579 --> 02:08:10,279 development is going 2663 02:08:10,279 --> 02:08:14,449 to have to deal with depending on where they were all the 2664 02:08:14,449 --> 02:08:18,640 property lines are at I 2665 02:08:18,640 --> 02:08:21,409 understand they're going to develop it I understood that 2666 02:08:21,409 --> 02:08:22,520 whenever I bought the 2667 02:08:22,520 --> 02:08:31,279 home there and again townhomes are well not the worst thing 2668 02:08:31,279 --> 02:08:32,300 but again single 2669 02:08:32,300 --> 02:08:36,470 family detached would be a lot better given the traffic it 2670 02:08:36,470 --> 02:08:37,640 's already going 2671 02:08:37,640 --> 02:08:40,220 down Colorado especially whenever you're trying to get to 2672 02:08:40,220 --> 02:08:41,779 the loop turning down 2673 02:08:41,779 --> 02:08:47,250 San Jacinto is an option at times but if you're not going 2674 02:08:47,250 --> 02:08:49,199 that way as it is right 2675 02:08:49,199 --> 02:08:51,729 now whenever I have to go to work it's easier for me to go 2676 02:08:51,729 --> 02:08:52,859 down San Jacinto go 2677 02:08:52,859 --> 02:08:55,869 up to Teasley and go back that way to get up on get up on 2678 02:08:55,869 --> 02:08:57,239 35 than it is to go 2679 02:08:57,239 --> 02:09:00,479 all the way down to to the loop and try and get on that 2680 02:09:00,479 --> 02:09:01,800 adding in more units 2681 02:09:01,800 --> 02:09:05,970 like that I think is just gonna make the problem worse 2682 02:09:05,970 --> 02:09:10,479 thank you sir 2683 02:09:10,479 --> 02:09:16,939 next card I have is Daniel Kettler to be followed by Jerry 2684 02:09:16,939 --> 02:09:17,720 Rowan 2685 02:09:17,720 --> 02:09:27,470 Daniel Kettler 1925 Canyon Court when this development was 2686 02:09:27,470 --> 02:09:28,720 proposed my first 2687 02:09:28,720 --> 02:09:32,890 question is why going from 6 to 12 when we have space 2688 02:09:32,890 --> 02:09:34,439 available in the city 2689 02:09:34,439 --> 02:09:40,270 that's already zoned to zone 12 I took the zoning map down 2690 02:09:40,270 --> 02:09:41,279 and I took a look at 2691 02:09:41,279 --> 02:09:44,000 a lot of the properties there's available property ready to 2692 02:09:44,000 --> 02:09:44,960 go why change 2693 02:09:44,960 --> 02:09:52,800 what we have so the existing six and our six properties are 2694 02:09:52,800 --> 02:09:54,800 fantastic why can't 2695 02:09:54,800 --> 02:09:57,039 they just be built around like it was intended which I didn 2696 02:09:57,039 --> 02:09:57,720 't even realize 2697 02:09:57,720 --> 02:10:00,890 until this meeting that that was apparently in the works 2698 02:10:00,890 --> 02:10:01,960 but it just fell 2699 02:10:01,960 --> 02:10:07,829 through if that were to happen I probably have a lot of my 2700 02:10:07,829 --> 02:10:08,079 arguments 2701 02:10:08,079 --> 02:10:15,630 melt away so the density is an issue as has been mentioned 2702 02:10:15,630 --> 02:10:18,079 traffic I would think 2703 02:10:18,079 --> 02:10:20,659 that we wouldn't want to be over stuffing the land we'd be 2704 02:10:20,659 --> 02:10:21,279 just getting 2705 02:10:21,279 --> 02:10:27,109 what the land is rated for now I live in Canyon Court so we 2706 02:10:27,109 --> 02:10:29,119 have the in our three 2707 02:10:29,119 --> 02:10:34,020 density and we're gonna be backing up to 10 to 12 that's 2708 02:10:34,020 --> 02:10:35,079 quite a jump that's three 2709 02:10:35,079 --> 02:10:40,960 to four times even the six is it's a reasonable jump so I 2710 02:10:40,960 --> 02:10:41,520 just think that 2711 02:10:41,520 --> 02:10:44,640 that's a little aggressive I think the six has originally 2712 02:10:44,640 --> 02:10:46,119 attended was probably 2713 02:10:46,119 --> 02:10:53,250 a better idea I would also like to echo that the amenities 2714 02:10:53,250 --> 02:10:53,760 that are being 2715 02:10:53,760 --> 02:10:57,300 offered to us are kind of a that's kind of a hollow benefit 2716 02:10:57,300 --> 02:10:58,880 we didn't we bought 2717 02:10:58,880 --> 02:11:01,960 our property without an HOA with a lot without a lot of 2718 02:11:01,960 --> 02:11:03,039 these amenities 2719 02:11:03,039 --> 02:11:06,579 because we didn't really want so why do I want to take a 2720 02:11:06,579 --> 02:11:08,079 long path to come around 2721 02:11:08,079 --> 02:11:12,000 my exit to come to a swimming pool I almost have to drive 2722 02:11:12,000 --> 02:11:13,760 to get there it's 2723 02:11:13,760 --> 02:11:16,880 not really a convenience there's really no way to put an 2724 02:11:16,880 --> 02:11:18,159 access from our 2725 02:11:18,159 --> 02:11:21,760 neighborhood into theirs because all the property is owned 2726 02:11:21,760 --> 02:11:23,600 by the area homeowners 2727 02:11:23,600 --> 02:11:28,840 we don't need the walking area we don't need a dog park 2728 02:11:28,840 --> 02:11:30,199 then has the finest dog 2729 02:11:30,199 --> 02:11:33,500 park I've ever been to there's an excellent walking path 2730 02:11:33,500 --> 02:11:34,119 that runs 2731 02:11:34,119 --> 02:11:37,609 against the dent and a train that I use all the time there 2732 02:11:37,609 --> 02:11:38,600 's plenty of walking 2733 02:11:38,600 --> 02:11:42,140 space these are things that we need we have a quiet 2734 02:11:42,140 --> 02:11:44,119 neighborhood we really do 2735 02:11:44,119 --> 02:11:49,989 like it that way I was also at that initial meeting and my 2736 02:11:49,989 --> 02:11:50,560 interpretation was 2737 02:11:50,560 --> 02:12:00,029 not 50/50 my my interpretation was 5 to 95 so regarding 2738 02:12:00,029 --> 02:12:01,279 this masonry wall that's 2739 02:12:01,279 --> 02:12:08,409 been proposed to explain this in my time it were four feet 2740 02:12:08,409 --> 02:12:11,239 below them at my fence 2741 02:12:11,239 --> 02:12:15,029 in six feet it rises four feet so when they begin 2742 02:12:15,029 --> 02:12:17,479 construction I'm already 2743 02:12:17,479 --> 02:12:21,470 looking at this this is going to be my view right here a 2744 02:12:21,470 --> 02:12:24,199 brick wall if you stand 2745 02:12:24,199 --> 02:12:27,539 six feet from my fence I can see below your knees now you 2746 02:12:27,539 --> 02:12:28,760 build three stories 2747 02:12:28,760 --> 02:12:32,359 that's a skyscraper even at two stories that's still a 2748 02:12:32,359 --> 02:12:36,880 considerable reduction in 2749 02:12:36,880 --> 02:12:40,729 view I don't get to see Colorado Parkway really but I do 2750 02:12:40,729 --> 02:12:42,119 get to see the sky so 2751 02:12:42,119 --> 02:12:49,039 it's really like building next to a roadway I kind of 2752 02:12:49,039 --> 02:12:51,079 disagree with the spot 2753 02:12:51,079 --> 02:12:54,979 rezoning of land to suit a seller that's trying to squeeze 2754 02:12:54,979 --> 02:12:56,239 something out of his 2755 02:12:56,239 --> 02:12:59,229 property or developer that's trying to squeeze more 2756 02:12:59,229 --> 02:13:01,680 property in it was zone 6 2757 02:13:01,680 --> 02:13:06,489 why not leave it six it would work great this area that's I 2758 02:13:06,489 --> 02:13:07,439 'm sorry we don't have 2759 02:13:07,439 --> 02:13:13,310 a map can't show you it's like 95% and our six and this 2760 02:13:13,310 --> 02:13:14,800 small sliver I'm sorry 2761 02:13:14,800 --> 02:13:18,590 and our three and a small sliver of six and now you want to 2762 02:13:18,590 --> 02:13:20,000 kind of package this 2763 02:13:20,000 --> 02:13:24,229 the shoe warn is 12 in there I just don't think it's right 2764 02:13:24,229 --> 02:13:25,680 for the area for 2765 02:13:25,680 --> 02:13:31,079 traffic for all that I really don't have a problem 2766 02:13:31,079 --> 02:13:37,239 thank you for your comments next speakers Jerry Rowan in 2767 02:13:37,239 --> 02:13:38,840 opposition to be 2768 02:13:38,840 --> 02:13:45,319 followed by Jeanette gear in opposition good afternoon my 2769 02:13:45,319 --> 02:13:46,319 name is Jerry Rowan 2770 02:13:46,319 --> 02:13:52,189 2316 Claremont Lane I was wasn't at the first meeting 2771 02:13:52,189 --> 02:13:52,640 because I didn't know 2772 02:13:52,640 --> 02:13:58,510 anything about the first meeting but anyway my big concern 2773 02:13:58,510 --> 02:13:59,920 is the traffic 2774 02:13:59,920 --> 02:14:05,960 flow and there's several issues that I have concerns about 2775 02:14:05,960 --> 02:14:06,960 him my neighbors 2776 02:14:06,960 --> 02:14:12,090 have concerns about and first of all the last I heard was 2777 02:14:12,090 --> 02:14:14,920 there was a plan to run 2778 02:14:14,920 --> 02:14:20,789 traffic all the way through and even with the what they 2779 02:14:20,789 --> 02:14:22,800 call in the crash gate 2780 02:14:22,800 --> 02:14:26,779 that's not an alternative if something was happened like 2781 02:14:26,779 --> 02:14:27,960 you said he had an 2782 02:14:27,960 --> 02:14:33,670 accident up on San Jacinto or whatever you know people used 2783 02:14:33,670 --> 02:14:34,439 to still couldn't 2784 02:14:34,439 --> 02:14:37,659 get through there to get out unless you're an emergency 2785 02:14:37,659 --> 02:14:39,800 vehicle so I think 2786 02:14:39,800 --> 02:14:45,670 that should be that should not be even considered and the 2787 02:14:45,670 --> 02:14:47,840 other thing is coming 2788 02:14:47,840 --> 02:14:53,289 off of San Jacinto that when you turn it back going back to 2789 02:14:53,289 --> 02:14:54,800 the east toward 2790 02:14:54,800 --> 02:15:00,630 Briarwick or Cavender that when you turn there it's it's a 2791 02:15:00,630 --> 02:15:01,479 blind spot I don't 2792 02:15:01,479 --> 02:15:05,649 know how much the engineers have been out there researching 2793 02:15:05,649 --> 02:15:06,800 looking at that 2794 02:15:06,800 --> 02:15:10,079 you know I'm sure they have but anyway that is it's 2795 02:15:10,079 --> 02:15:13,119 dangerous there you have to 2796 02:15:13,119 --> 02:15:17,489 because people coming coming back to the West and coming 2797 02:15:17,489 --> 02:15:18,920 going to work in the 2798 02:15:18,920 --> 02:15:22,319 mornings you better be careful because they don't stop 2799 02:15:22,319 --> 02:15:23,279 because there's not a 2800 02:15:23,279 --> 02:15:29,800 stop sign there so anyway it's it's it's a concern about 2801 02:15:29,800 --> 02:15:34,000 safety and the other 2802 02:15:34,000 --> 02:15:41,560 thing is that street is not wide enough like she was 2803 02:15:41,560 --> 02:15:43,079 talking earlier about you 2804 02:15:43,079 --> 02:15:46,699 know people have to park out there because a Cavender Briar 2805 02:15:46,699 --> 02:15:47,359 wick are not 2806 02:15:47,359 --> 02:15:52,100 wide enough to park on the street so that's out so that's a 2807 02:15:52,100 --> 02:15:53,840 big concern but 2808 02:15:53,840 --> 02:16:00,170 the safety issue of getting in and out I think it's bad 2809 02:16:00,170 --> 02:16:01,680 idea even considering 2810 02:16:01,680 --> 02:16:06,399 that so but everything else has already been talked about 2811 02:16:06,399 --> 02:16:07,600 that I had concerns 2812 02:16:07,600 --> 02:16:12,029 about so I won't waste y'all's time but I appreciate your 2813 02:16:12,029 --> 02:16:14,039 time and thank you 2814 02:16:14,039 --> 02:16:18,600 very much thank you sir for coming out this evening 2815 02:16:21,199 --> 02:16:27,640 next part I have is Janik gear in opposition 2816 02:16:32,440 --> 02:16:34,750 clearly my handwriting is much worse than I thought it's 2817 02:16:34,750 --> 02:16:37,680 Derek apologies Derek 2818 02:16:37,680 --> 02:16:42,950 gear I should put my glasses on sooner 1512 Greens Point 2819 02:16:42,950 --> 02:16:44,319 Drive I'm sorry 2820 02:16:44,319 --> 02:16:48,489 Greens Point Circle came to speak in opposition some of it 2821 02:16:48,489 --> 02:16:49,680 was allayed by the 2822 02:16:49,680 --> 02:16:54,329 description the staff of a I think it's 10 10 per acre 2823 02:16:54,329 --> 02:16:56,319 overlay requirement and 2824 02:16:56,319 --> 02:17:01,209 that that that allayed some of my concern I'm going to 2825 02:17:01,209 --> 02:17:02,760 repeat some concern 2826 02:17:02,760 --> 02:17:06,190 with the traffic as we come out of our cul-de-sac although 2827 02:17:06,190 --> 02:17:07,239 when you look at it 2828 02:17:07,239 --> 02:17:11,600 on the map here Colorado looks like a flat gentle curve but 2829 02:17:11,600 --> 02:17:12,440 in reality there's 2830 02:17:12,440 --> 02:17:15,930 a dip in a blind curve so you're coming out and you're like 2831 02:17:15,930 --> 02:17:17,040 going okay is there 2832 02:17:17,040 --> 02:17:19,629 someone coming because you can't see below that dip so 2833 02:17:19,629 --> 02:17:20,639 there's a little bit 2834 02:17:20,639 --> 02:17:24,809 more to it than just the just what it looks like on the 2835 02:17:24,809 --> 02:17:27,280 linear linear map let 2836 02:17:27,280 --> 02:17:29,670 me see if I gotta make sure I don't cover anything my wife 2837 02:17:29,670 --> 02:17:31,399 's already covered 2838 02:17:31,399 --> 02:17:39,200 can we get a crash gate okay no I think that's that pretty 2839 02:17:39,200 --> 02:17:40,120 much covers it but I 2840 02:17:40,120 --> 02:17:43,280 appreciate your time thank you for coming out this evening 2841 02:17:43,280 --> 02:17:45,159 I have some 2842 02:17:45,159 --> 02:17:48,270 additional cards that did not wish to speak and I'm just 2843 02:17:48,270 --> 02:17:49,479 going to read those 2844 02:17:49,479 --> 02:17:56,600 into the record have Collette Brandon 1921 Canyon in 2845 02:17:56,600 --> 02:18:02,639 opposition then have Nate 2846 02:18:02,959 --> 02:18:11,149 Brandon at 1921 Canyon in opposition and then I have Lisa K 2847 02:18:11,149 --> 02:18:13,840 ettler 1925 Canyon 2848 02:18:13,840 --> 02:18:18,969 in opposition and then as part of our backup we did have a 2849 02:18:18,969 --> 02:18:20,959 letter from the HOA 2850 02:18:20,959 --> 02:18:26,209 and so that's already is part of our record and so that is 2851 02:18:26,209 --> 02:18:27,680 part of our 2852 02:18:27,680 --> 02:18:32,840 neighborhood comments this is a public hearing so anyone 2853 02:18:32,840 --> 02:18:34,000 else who would like to 2854 02:18:34,000 --> 02:18:39,239 speak on this item please come forward at this time please 2855 02:18:39,239 --> 02:18:40,040 come up to the mic 2856 02:18:40,040 --> 02:18:44,309 so the folks that are at home and the recording can get 2857 02:18:44,309 --> 02:18:47,799 your comments can you 2858 02:18:47,799 --> 02:18:50,790 give us your name again so they'll know sorry Linda Dudley 2859 02:18:50,790 --> 02:18:54,840 1916 Cavender again 2860 02:18:54,840 --> 02:18:59,590 about our straight Claremont we own that street that is not 2861 02:18:59,590 --> 02:19:01,399 a city street and we 2862 02:19:01,399 --> 02:19:04,809 do not want that to be used for this new subdivision I just 2863 02:19:04,809 --> 02:19:05,959 want to make sure 2864 02:19:05,959 --> 02:19:09,809 that was a clear thing and I don't know about this crash 2865 02:19:09,809 --> 02:19:11,719 gate you know who could 2866 02:19:11,719 --> 02:19:15,000 come who could use it whatever but I just wanted to make 2867 02:19:15,000 --> 02:19:16,360 sure y'all understood 2868 02:19:16,360 --> 02:19:22,010 we do not approve of that okay make sure everybody is clear 2869 02:19:22,010 --> 02:19:24,399 on that for private 2870 02:19:24,399 --> 02:19:28,569 vehicles or public like trash trucks and anything you have 2871 02:19:28,569 --> 02:19:30,079 city trash trucks 2872 02:19:30,079 --> 02:19:32,149 coming there now correct when you're in your neighborhood 2873 02:19:32,149 --> 02:19:34,360 we do okay so the ones 2874 02:19:34,360 --> 02:19:37,430 that you're concerned about is fire trucks coming in there 2875 02:19:37,430 --> 02:19:38,280 or private 2876 02:19:38,280 --> 02:19:45,510 vehicles we just want to make sure that it is not used by 2877 02:19:45,510 --> 02:19:46,840 this subdivision 2878 02:19:46,840 --> 02:19:51,069 understand and we may have staff and I know there was a 2879 02:19:51,069 --> 02:19:52,879 couple people making 2880 02:19:52,879 --> 02:19:55,100 some comments and I couldn't tell up here from city staff 2881 02:19:55,100 --> 02:19:55,840 maybe I can give 2882 02:19:55,840 --> 02:20:00,010 some additional feedback about this crash gate emergency 2883 02:20:00,010 --> 02:20:00,879 gate let's get the 2884 02:20:00,879 --> 02:20:08,000 correct term so we're all using the right wording I've 2885 02:20:08,000 --> 02:20:11,200 actually heard it 2886 02:20:11,200 --> 02:20:14,760 both ways I've heard it as a crash gate and I've heard it 2887 02:20:14,760 --> 02:20:15,760 as an emergency gate 2888 02:20:15,760 --> 02:20:22,020 and these are it depends on the city they're locked and if 2889 02:20:22,020 --> 02:20:23,959 there if there's a 2890 02:20:23,959 --> 02:20:27,340 key access and there's something called Knox box that that 2891 02:20:27,340 --> 02:20:29,000 the fire only the 2892 02:20:29,000 --> 02:20:33,809 fire and EMS have access to are they it's electronic where 2893 02:20:33,809 --> 02:20:35,360 only fire and EMS 2894 02:20:35,360 --> 02:20:40,069 have have the way to get into it okay Mr. Lee does that 2895 02:20:40,069 --> 02:20:41,559 help clarify who would 2896 02:20:41,559 --> 02:20:45,680 have access yeah great and we can use either term and we're 2897 02:20:45,680 --> 02:20:47,479 in good races all 2898 02:20:47,479 --> 02:20:54,610 right either one emergency access emergency access well I'm 2899 02:20:54,610 --> 02:20:55,440 old and 2900 02:20:55,440 --> 02:21:01,920 getting short and I'll try to get a new term here again 2901 02:21:01,920 --> 02:21:03,600 this is a public hearing 2902 02:21:03,600 --> 02:21:06,590 anyone else who would like to speak please come forward at 2903 02:21:06,590 --> 02:21:07,959 this time and I 2904 02:21:07,959 --> 02:21:12,440 don't have any more cards but you you're welcome not to 2905 02:21:12,440 --> 02:21:13,600 turn one in because our 2906 02:21:13,600 --> 02:21:17,270 homeowner president was going to speak you're welcome to 2907 02:21:17,270 --> 02:21:18,319 speak just fill out a 2908 02:21:18,319 --> 02:21:22,489 card for us before you leave the city the blue card yes my 2909 02:21:22,489 --> 02:21:22,840 name is Martha 2910 02:21:22,840 --> 02:21:27,750 Henderson I live at 1917 Piney Creek Boulevard in Piney 2911 02:21:27,750 --> 02:21:28,639 Creek there was a 2912 02:21:28,639 --> 02:21:35,329 piney Creek I'm not understanding why about this crash gate 2913 02:21:35,329 --> 02:21:36,479 or whatever I'm 2914 02:21:36,479 --> 02:21:40,649 not understanding we don't need it to be a crash gate if 2915 02:21:40,649 --> 02:21:41,719 anyone in our 2916 02:21:41,719 --> 02:21:44,709 neighborhood needs an emergency they can come into our 2917 02:21:44,709 --> 02:21:46,760 neighborhood why do why 2918 02:21:46,760 --> 02:21:49,750 does this subdivision need a crash gate to come through our 2919 02:21:49,750 --> 02:21:50,600 neighborhood when 2920 02:21:50,600 --> 02:21:55,079 they have access to Colorado or to San Jacinto which was 2921 02:21:55,079 --> 02:21:58,760 what mr. Schmidt said 2922 02:21:58,760 --> 02:22:01,129 that he was going to look into instead of going through Cl 2923 02:22:01,129 --> 02:22:02,000 aremont he was going 2924 02:22:02,000 --> 02:22:05,399 to go through see if he could access San Jacinto through 2925 02:22:05,399 --> 02:22:06,680 the between the bowling 2926 02:22:06,680 --> 02:22:11,950 alley and the office the doctor's office building so that's 2927 02:22:11,950 --> 02:22:12,360 what I'm not 2928 02:22:12,360 --> 02:22:15,159 understanding why they are so adamant that they want to 2929 02:22:15,159 --> 02:22:16,200 come in through our 2930 02:22:16,200 --> 02:22:20,559 neighborhood emergency vehicle into their neighborhood when 2931 02:22:20,559 --> 02:22:22,000 they have will 2932 02:22:22,000 --> 02:22:27,879 have two interest in off of Colorado that's what I'm not 2933 02:22:27,879 --> 02:22:29,159 understanding let me 2934 02:22:29,159 --> 02:22:33,120 let me call on Cindy thank you for coming up and you might 2935 02:22:33,120 --> 02:22:33,760 ma'am if you 2936 02:22:33,760 --> 02:22:36,069 don't mind stay I've got a question for you I mean if we 2937 02:22:36,069 --> 02:22:37,079 can get up and answer 2938 02:22:37,079 --> 02:22:41,250 your question first well I'm not sure what the fire code 2939 02:22:41,250 --> 02:22:41,959 was when their 2940 02:22:41,959 --> 02:22:45,549 neighborhood was built but today the fire code requires two 2941 02:22:45,549 --> 02:22:46,639 points of access 2942 02:22:46,639 --> 02:22:51,989 into a subdivision and they will only have one driveway 2943 02:22:51,989 --> 02:22:54,159 along Colorado if that 2944 02:22:54,159 --> 02:22:59,989 driveway gets blocked by an accident or something there is 2945 02:22:59,989 --> 02:23:01,159 there would be no way 2946 02:23:01,159 --> 02:23:05,329 to get in there so the crash gate in a situation like that 2947 02:23:05,329 --> 02:23:06,559 the emergency access 2948 02:23:06,559 --> 02:23:11,299 gate would be used to get into that area and it goes both 2949 02:23:11,299 --> 02:23:13,280 ways it is a benefit to 2950 02:23:13,280 --> 02:23:17,149 these these people as well if their only entrance is 2951 02:23:17,149 --> 02:23:20,920 blocked then emergency 2952 02:23:20,920 --> 02:23:25,629 medical service and police can get through from Colorado 2953 02:23:25,629 --> 02:23:26,600 into their 2954 02:23:26,600 --> 02:23:33,729 subdivision and and it gives them aid does that help with 2955 02:23:33,729 --> 02:23:36,479 the reason why thank 2956 02:23:36,479 --> 02:23:41,200 you ma'am this is a public hearing Commissioner 2957 02:23:41,200 --> 02:23:50,950 Rossell you had a question it's actually for miss Jackson I 2958 02:23:50,950 --> 02:23:52,040 appreciate your 2959 02:23:52,040 --> 02:23:55,170 clarification the emergency access gate just to further 2960 02:23:55,170 --> 02:23:57,879 clarify our how did that 2961 02:23:57,879 --> 02:24:01,040 subdivision get built without a second point of access and 2962 02:24:01,040 --> 02:24:02,159 are they currently 2963 02:24:02,159 --> 02:24:07,709 out of code I wasn't here when they were built they they 2964 02:24:07,709 --> 02:24:08,600 have been there for 2965 02:24:08,600 --> 02:24:12,959 quite a while and my thought is is that the fire code just 2966 02:24:12,959 --> 02:24:13,899 didn't require the 2967 02:24:13,899 --> 02:24:17,760 second point of access and they did anticipate in the 2968 02:24:17,760 --> 02:24:18,799 future that they would 2969 02:24:18,799 --> 02:24:21,790 have a second point of access because the subject site was 2970 02:24:21,790 --> 02:24:22,440 supposed to be 2971 02:24:22,440 --> 02:24:26,440 phased to and connect to Colorado sure I appreciate that 2972 02:24:26,440 --> 02:24:27,639 and my brother is a 2973 02:24:27,639 --> 02:24:31,280 didn't firefighter and I know the importance of having two 2974 02:24:31,280 --> 02:24:32,280 access points to 2975 02:24:32,280 --> 02:24:34,930 make sure that there is an emergency or fire in the house 2976 02:24:34,930 --> 02:24:36,360 there's multiple ways 2977 02:24:36,360 --> 02:24:40,530 in exactly the other question I have is can this new 2978 02:24:40,530 --> 02:24:42,280 potential subdivision that 2979 02:24:42,280 --> 02:24:45,750 we're looking at on the rezone be built without acts having 2980 02:24:45,750 --> 02:24:48,600 access to Claremont 2981 02:24:48,600 --> 02:24:52,959 they would have to find some way to get a second access 2982 02:24:52,959 --> 02:24:55,280 somewhere right now they 2983 02:24:55,280 --> 02:25:00,629 can't get access to Santa Cinto the the vacant lot that's 2984 02:25:00,629 --> 02:25:01,920 adjacent to them is 2985 02:25:01,920 --> 02:25:06,840 actually the site of a future hotel the bowling alley we're 2986 02:25:06,840 --> 02:25:07,799 not sure they will 2987 02:25:07,799 --> 02:25:11,540 give them access because when the hotel asked the bowling 2988 02:25:11,540 --> 02:25:12,920 alley to connect the 2989 02:25:12,920 --> 02:25:16,620 bowling alley refused so we we don't anticipate that that 2990 02:25:16,620 --> 02:25:17,680 they'll let this 2991 02:25:17,680 --> 02:25:21,690 particular this site connect to them either okay that's 2992 02:25:21,690 --> 02:25:22,680 most helpful thank you 2993 02:25:22,680 --> 02:25:27,049 Cindy I've got a question for you yes sir at the mic what's 2994 02:25:27,049 --> 02:25:27,920 the difference in 2995 02:25:27,920 --> 02:25:32,280 the parking requirements for the NR six versus the NR MU I 2996 02:25:32,280 --> 02:25:33,920 know and there's a 2997 02:25:33,920 --> 02:25:37,870 18 by 18 pad that has to be with an NR six and I think 2998 02:25:37,870 --> 02:25:39,600 there's some revisions 2999 02:25:39,600 --> 02:25:42,590 coming on that what's the difference between NR six and NR 3000 02:25:42,590 --> 02:25:44,319 MU 12 it's bit 3001 02:25:44,319 --> 02:25:48,090 for parking it's based on use so if it's a residential use 3002 02:25:48,090 --> 02:25:49,120 they have to have 3003 02:25:49,120 --> 02:25:53,350 space for two two cars just like in our six so there's 3004 02:25:53,350 --> 02:25:54,280 correct so they have to 3005 02:25:54,280 --> 02:25:57,639 be the parking requirement for either zoning is the same 3006 02:25:57,639 --> 02:25:58,319 that's correct okay 3007 02:25:58,319 --> 02:26:03,510 thank you for a single-family attached and detached yeah 3008 02:26:03,510 --> 02:26:04,559 exactly so it doesn't 3009 02:26:04,559 --> 02:26:08,840 make a difference okay okay thank you for the clarification 3010 02:26:08,840 --> 02:26:13,120 sorry we're gonna 3011 02:26:13,120 --> 02:26:16,610 need to get you a chair sit right here beside I'm sorry I 3012 02:26:16,610 --> 02:26:17,239 've got a couple more 3013 02:26:17,239 --> 02:26:21,760 questions for you for heads up here Commissioner Sanchez so 3014 02:26:21,760 --> 02:26:22,719 I don't on 3015 02:26:22,719 --> 02:26:25,819 Colorado they can only have one exit they based on what I'm 3016 02:26:25,819 --> 02:26:26,520 seeing here 3017 02:26:26,520 --> 02:26:29,889 they've got a pretty large frontage right so they can only 3018 02:26:29,889 --> 02:26:31,000 have one they can 3019 02:26:31,000 --> 02:26:34,959 only have one access we've already met with the traffic 3020 02:26:34,959 --> 02:26:36,200 engineer about that and 3021 02:26:36,200 --> 02:26:41,549 they can have just one access because of the median that is 3022 02:26:41,549 --> 02:26:43,079 closer to the the 3023 02:26:43,079 --> 02:26:47,739 intersection of San Jacinto that prevents them from having 3024 02:26:47,739 --> 02:26:49,319 any exit there 3025 02:26:49,319 --> 02:26:52,049 which is where they had originally planned and they need to 3026 02:26:52,049 --> 02:26:53,000 have it further 3027 02:26:53,000 --> 02:26:57,920 to the west and they will need to provide right turn lane 3028 02:26:57,920 --> 02:26:59,239 and left turn 3029 02:26:59,239 --> 02:27:02,819 lane so that there's lots of access but not yeah there only 3030 02:27:02,819 --> 02:27:03,840 be permitted one 3031 02:27:03,840 --> 02:27:17,920 okay my other question was um no I've got one other 3032 02:27:17,920 --> 02:27:18,719 question maybe it'll come 3033 02:27:18,719 --> 02:27:22,950 back commissioner back thank you chair thanks Cindy 3034 02:27:22,950 --> 02:27:24,520 question that I think was 3035 02:27:24,520 --> 02:27:29,079 expressed by some of the people who live in that community 3036 02:27:29,079 --> 02:27:30,399 was that if we do 3037 02:27:30,399 --> 02:27:35,909 rezone this to NRMU 12 and mr. Smith's decides for some 3038 02:27:35,909 --> 02:27:37,120 reason he doesn't want 3039 02:27:37,120 --> 02:27:42,020 to build and takes off just hypothetically speaking then 3040 02:27:42,020 --> 02:27:42,120 the 3041 02:27:42,120 --> 02:27:45,489 concern would be that now they could come in and build 3042 02:27:45,489 --> 02:27:46,799 multi-family so if 3043 02:27:46,799 --> 02:27:49,549 we're gonna prove this with the overlay my question would 3044 02:27:49,549 --> 02:27:51,360 be in that event could 3045 02:27:51,360 --> 02:27:54,360 we keep the overlay oh the overlay runs with the land not 3046 02:27:54,360 --> 02:27:55,200 with the property 3047 02:27:55,200 --> 02:27:58,959 all right I know we've been over this before but I just 3048 02:27:58,959 --> 02:28:00,600 want to make sure that 3049 02:28:00,600 --> 02:28:04,200 wouldn't go away no okay the only way it would go away is 3050 02:28:04,200 --> 02:28:05,079 if somebody tried to 3051 02:28:05,079 --> 02:28:08,100 rezone it and take it away and we have to look at it all 3052 02:28:08,100 --> 02:28:09,559 over again yep okay 3053 02:28:09,559 --> 02:28:12,549 thank you another question for you Commissioner Sanchez I 3054 02:28:12,549 --> 02:28:12,959 finally 3055 02:28:12,959 --> 02:28:16,799 remembered we've had a lot of concern about you know 3056 02:28:16,799 --> 02:28:18,600 traffic can you address 3057 02:28:18,600 --> 02:28:22,770 that a little bit to for the public here so they understand 3058 02:28:22,770 --> 02:28:24,319 what what the 3059 02:28:24,319 --> 02:28:28,489 category of that road is and is there any future 3060 02:28:28,489 --> 02:28:30,479 considerations of widening it 3061 02:28:30,479 --> 02:28:34,920 or anything like that right now it's secondary arterial 3062 02:28:34,920 --> 02:28:35,680 arterial is our 3063 02:28:35,680 --> 02:28:41,909 second largest category of street it's four lanes and to 3064 02:28:41,909 --> 02:28:43,680 the best of my 3065 02:28:43,680 --> 02:28:48,399 knowledge that there's no plans to widen it at this time 3066 02:28:48,399 --> 02:28:50,479 okay I just want to make 3067 02:28:50,479 --> 02:28:56,350 sure sure and his San Jacinto is the same classification in 3068 02:28:56,350 --> 02:28:58,840 size I see no 3069 02:28:58,840 --> 02:29:05,479 other questions okay thank you yes sir if you have another 3070 02:29:05,479 --> 02:29:06,479 common well I'll I 3071 02:29:06,479 --> 02:29:10,649 use chair to we typically give one comment per resident but 3072 02:29:10,649 --> 02:29:11,280 I'll make an 3073 02:29:11,280 --> 02:29:14,639 exception for you please state your name and Jerry rolling 3074 02:29:14,639 --> 02:29:16,319 2316 Claremont Lake 3075 02:29:16,319 --> 02:29:25,129 my question was if you want access to Claremont or to Piney 3076 02:29:25,129 --> 02:29:28,159 Creek those roads 3077 02:29:28,159 --> 02:29:33,389 were never taken over by the city so they belong to the HOA 3078 02:29:33,389 --> 02:29:35,719 so if y'all are 3079 02:29:35,719 --> 02:29:41,270 assisting on access is the city gonna take these roads over 3080 02:29:41,270 --> 02:29:42,920 I'll let staff 3081 02:29:42,920 --> 02:29:47,680 address that one we again we're sort of premature in that 3082 02:29:47,680 --> 02:29:49,280 that discussion until 3083 02:29:49,280 --> 02:29:53,450 we get to platting we we really won't know to be quite 3084 02:29:53,450 --> 02:29:55,479 honest I can tell you 3085 02:29:55,479 --> 02:30:00,920 though we're not maybe Victor can chime in but but I don't 3086 02:30:00,920 --> 02:30:02,239 know if we've ever 3087 02:30:02,239 --> 02:30:06,159 forced traffic onto a private access way particularly when 3088 02:30:06,159 --> 02:30:07,680 it's plotted as a as a 3089 02:30:07,680 --> 02:30:10,260 private access way I think the only rights that the city 3090 02:30:10,260 --> 02:30:11,120 has when I looked 3091 02:30:11,120 --> 02:30:13,889 at the plat was for a murder you know for police fire 3092 02:30:13,889 --> 02:30:15,399 garbage otherwise it is 3093 02:30:15,399 --> 02:30:23,639 as you stated your your private street okay thank you okay 3094 02:30:23,639 --> 02:30:26,920 thank you sir this 3095 02:30:26,920 --> 02:30:29,600 is a public hearing anyone else who would like to speak on 3096 02:30:29,600 --> 02:30:30,319 this item please 3097 02:30:30,319 --> 02:30:33,280 please come forward 3098 02:30:41,120 --> 02:30:50,600 Lisa Kettler 1925 Canyon Court and I have a few questions 3099 02:30:50,600 --> 02:30:53,920 on the masonry wall 3100 02:30:53,920 --> 02:31:01,049 I'd like to know what is the highest allowable wall per 3101 02:31:01,049 --> 02:31:04,079 city code and I would 3102 02:31:04,079 --> 02:31:13,159 also like to know at what what grade point the wall would 3103 02:31:13,159 --> 02:31:15,280 be built on because 3104 02:31:15,280 --> 02:31:21,309 we're about four feet lower than the field behind us so 3105 02:31:21,309 --> 02:31:22,520 would it be built on 3106 02:31:22,520 --> 02:31:27,360 that side or on the higher side and if it's built on the 3107 02:31:27,360 --> 02:31:29,079 higher side and we 3108 02:31:29,079 --> 02:31:33,250 keep our fence who is responsible for maintaining the land 3109 02:31:33,250 --> 02:31:34,680 about seven feet in 3110 02:31:34,680 --> 02:31:41,649 between and also if the wall falls into disrepair what is 3111 02:31:41,649 --> 02:31:44,600 the procedure for us to 3112 02:31:44,600 --> 02:31:49,659 go about getting that fixed I see Cindy digging in the book 3113 02:31:49,659 --> 02:31:56,120 over there so the 3114 02:31:56,120 --> 02:31:59,899 maximum permitted height of a wall or fence be it on an 3115 02:31:59,899 --> 02:32:01,840 interior lot line is a 3116 02:32:01,840 --> 02:32:09,469 feat and the responsibility for the maintenance would be on 3117 02:32:09,469 --> 02:32:10,600 the the property 3118 02:32:10,600 --> 02:32:15,719 owner for the seven foot strip that's correct it would the 3119 02:32:15,719 --> 02:32:16,680 developer property 3120 02:32:16,680 --> 02:32:22,549 owner of the townhouses and is there a through code 3121 02:32:22,549 --> 02:32:24,520 enforcement as far as the 3122 02:32:24,520 --> 02:32:27,940 maintenance of the fence is there a requirement on that or 3123 02:32:27,940 --> 02:32:28,920 that would fall 3124 02:32:28,920 --> 02:32:31,909 in code enforcement city didn't that that would be the 3125 02:32:31,909 --> 02:32:32,620 property maintenance 3126 02:32:32,620 --> 02:32:36,879 code that code enforcement enforces community improvement 3127 02:32:36,879 --> 02:32:38,639 okay if you have 3128 02:32:38,639 --> 02:32:40,659 an additional question if you'll please come to the 3129 02:32:40,659 --> 02:32:41,920 microphone so we can get you 3130 02:32:41,920 --> 02:32:45,379 on for those that are watching at home okay so if it falls 3131 02:32:45,379 --> 02:32:46,120 into district 3132 02:32:46,120 --> 02:32:52,540 disrepair who do I go to the I'm not sure who I'm sure I'm 3133 02:32:52,540 --> 02:32:54,520 sorry use terms 3134 02:32:54,520 --> 02:32:56,709 back and forth that we're familiar with the code 3135 02:32:56,709 --> 02:32:58,319 enforcement department within 3136 02:32:58,319 --> 02:33:03,069 the city didn't is who you would make a complaint to and 3137 02:33:03,069 --> 02:33:04,719 they would then contact 3138 02:33:04,719 --> 02:33:07,879 the property owner and give them a notice that the fence is 3139 02:33:07,879 --> 02:33:08,680 in disrepair 3140 02:33:08,680 --> 02:33:12,040 and they need to have it repaired okay thank you you bet 3141 02:33:12,040 --> 02:33:12,520 thank you for coming 3142 02:33:12,520 --> 02:33:17,479 out this evening again this is a public hearing I'll make 3143 02:33:17,479 --> 02:33:18,639 one more exception we 3144 02:33:18,639 --> 02:33:21,760 typically allow one one opportunity to speak but please 3145 02:33:21,760 --> 02:33:22,280 come forward this 3146 02:33:22,280 --> 02:33:24,309 evening I know this is a lot of people have come out and we 3147 02:33:24,309 --> 02:33:25,040 'll make sure that 3148 02:33:25,040 --> 02:33:28,350 we get all the comments on the record so short last time 3149 02:33:28,350 --> 02:33:29,559 Derek gear 1512 3150 02:33:29,559 --> 02:33:32,149 Greenspoint Circle just a question based on the 3151 02:33:32,149 --> 02:33:33,680 requirements for the fire code to 3152 02:33:33,680 --> 02:33:38,399 have two accesses whether this is rezoned or not once this 3153 02:33:38,399 --> 02:33:40,079 land is developed they 3154 02:33:40,079 --> 02:33:45,649 will need a second access and clarinet is the only one okay 3155 02:33:45,649 --> 02:33:46,399 just clarify if I 3156 02:33:46,399 --> 02:33:49,860 could just know that staff maybe you want to clarify my my 3157 02:33:49,860 --> 02:33:51,399 head non there 3158 02:33:51,399 --> 02:33:54,670 there are certain exact you know they if there are there's 3159 02:33:54,670 --> 02:33:55,799 if there's less than 3160 02:33:55,799 --> 02:33:59,239 30 30 homes or less I think they can have one access point 3161 02:33:59,239 --> 02:34:00,079 again I'm not I'm 3162 02:34:00,079 --> 02:34:03,229 not going to speak on behalf of the fire marshal but I know 3163 02:34:03,229 --> 02:34:04,399 there are exemptions 3164 02:34:04,399 --> 02:34:08,959 with respect to that in addition there's also the ability 3165 02:34:08,959 --> 02:34:11,200 to sprinkle if they put 3166 02:34:11,200 --> 02:34:14,280 fire sprinklers in so there are ways that that they could 3167 02:34:14,280 --> 02:34:15,440 mitigate again very 3168 02:34:15,440 --> 02:34:20,059 expensive to sprinkle those units but there are different 3169 02:34:20,059 --> 02:34:21,280 sort of mitigation 3170 02:34:21,280 --> 02:34:24,270 options that that could be done but again we're sort of 3171 02:34:24,270 --> 02:34:27,079 early early on on the 3172 02:34:27,079 --> 02:34:33,000 stage for that to decide right now Commissioner back thank 3173 02:34:33,000 --> 02:34:34,280 you chair if the 3174 02:34:34,280 --> 02:34:38,450 applicant would come back up a quick question for him one 3175 02:34:38,450 --> 02:34:40,280 of the residents 3176 02:34:40,280 --> 02:34:43,510 over in the garden homes ask how are you going to dispose 3177 02:34:43,510 --> 02:34:44,799 of your trash it's 3178 02:34:44,799 --> 02:34:48,750 gonna be individual pickup like they have or their dump 3179 02:34:48,750 --> 02:34:49,319 sters per the city 3180 02:34:49,319 --> 02:34:54,219 either way whichever is required of us okay meet that okay 3181 02:34:54,219 --> 02:34:55,040 and well I've got 3182 02:34:55,040 --> 02:35:00,920 you up here probably to respond to Lisa's concern would you 3183 02:35:00,920 --> 02:35:02,040 be available if 3184 02:35:02,040 --> 02:35:05,750 the walls in disrepair would you invite that they call you 3185 02:35:05,750 --> 02:35:06,719 first before the 3186 02:35:06,719 --> 02:35:09,350 usual we would in fact that information available to them 3187 02:35:09,350 --> 02:35:10,040 where they could do 3188 02:35:10,040 --> 02:35:14,389 that absolutely and in fact they're anticipating a small HO 3189 02:35:14,389 --> 02:35:15,120 A to build 3190 02:35:15,120 --> 02:35:18,170 reserves for the seasonal flowers as well as maintenance of 3191 02:35:18,170 --> 02:35:19,319 the grounds which 3192 02:35:19,319 --> 02:35:23,239 would include the wall entrances and that sort of thing 3193 02:35:23,239 --> 02:35:25,739 thank you I have an 3194 02:35:25,739 --> 02:35:28,760 additional question and in trying to listen to some of the 3195 02:35:28,760 --> 02:35:29,879 neighbor concerns 3196 02:35:29,879 --> 02:35:34,049 you stated you you all were open to doing two-story against 3197 02:35:34,049 --> 02:35:34,799 existing 3198 02:35:34,799 --> 02:35:39,159 neighborhoods yes sir we have in the options are given 3199 02:35:39,159 --> 02:35:40,559 before us here by city 3200 02:35:40,559 --> 02:35:44,000 staff an overlay and a number of requirements would that be 3201 02:35:44,000 --> 02:35:44,280 another 3202 02:35:44,280 --> 02:35:49,000 requirement that you all would be open to of us adding to 3203 02:35:49,000 --> 02:35:50,319 the overlay to 3204 02:35:50,319 --> 02:35:55,040 restrict those to a two-story height and looking at the lot 3205 02:35:55,040 --> 02:35:58,479 depth on in our six 3206 02:35:58,479 --> 02:36:02,180 in NREMU 12 which are the what you're currently to what you 3207 02:36:02,180 --> 02:36:03,159 're proposing 3208 02:36:03,159 --> 02:36:08,809 they're both 80 feet so if we made a requirement of two- 3209 02:36:08,809 --> 02:36:10,440 story on 80 feet of 3210 02:36:10,440 --> 02:36:14,940 budding adjacent properties would you all be open to that I 3211 02:36:14,940 --> 02:36:15,799 think if they're 3212 02:36:15,799 --> 02:36:20,690 there continuous to that we would yes yes and I think we 3213 02:36:20,690 --> 02:36:22,000 tried to convey that 3214 02:36:22,000 --> 02:36:26,479 to those neighbors as well but absolutely so you're okay 3215 02:36:26,479 --> 02:36:27,200 with us doing 3216 02:36:27,200 --> 02:36:29,409 that and try to ones that give them some protection to 3217 02:36:29,409 --> 02:36:31,200 their neighborhoods of yes 3218 02:36:31,200 --> 02:36:34,739 sir and be no different than a two-story house next door 3219 02:36:34,739 --> 02:36:36,719 correct okay thank you 3220 02:36:36,719 --> 02:36:41,260 for being willing to accept that additional requirement in 3221 02:36:41,260 --> 02:36:41,920 the overlay 3222 02:36:41,920 --> 02:36:45,559 another question Commissioner Rozelle this will probably be 3223 02:36:45,559 --> 02:36:46,479 for city sorry 3224 02:36:46,479 --> 02:36:49,000 Cindy 3225 02:36:53,159 --> 02:36:57,040 just one clarification under the current zoning of NR six 3226 02:36:57,040 --> 02:36:58,360 by right can a 3227 02:36:58,360 --> 02:37:00,950 developer go in and build a three-story house on all 3228 02:37:00,950 --> 02:37:03,040 properties I come into that 3229 02:37:03,040 --> 02:37:06,959 40 foot they don't surpass the 40 foot height they could 3230 02:37:06,959 --> 02:37:08,520 okay thank you I don't 3231 02:37:08,520 --> 02:37:11,510 know if that's you know yeah I don't know if that's 3232 02:37:11,510 --> 02:37:12,760 possible but they could 3233 02:37:12,760 --> 02:37:16,930 but if we decline the zoning recase the applicant or anyone 3234 02:37:16,930 --> 02:37:18,120 else could come in 3235 02:37:18,120 --> 02:37:21,680 under the inner six and put three stories along all I can 3236 02:37:21,680 --> 02:37:23,079 take you is my right it 3237 02:37:23,079 --> 02:37:27,069 would never come to us they could just go to it okay thank 3238 02:37:27,069 --> 02:37:27,959 you 3239 02:37:28,920 --> 02:37:32,469 again this is a public hearing anyone else who would like 3240 02:37:32,469 --> 02:37:33,799 to speak on this 3241 02:37:33,799 --> 02:37:41,799 item please come forward sure one final exception and I'll 3242 02:37:41,799 --> 02:37:42,360 come across the 3243 02:37:42,360 --> 02:37:45,420 public hearing after this I just don't think it was ever 3244 02:37:45,420 --> 02:37:46,040 clarified you'll give 3245 02:37:46,040 --> 02:37:49,149 us your name and Daniel Kettler 1925 Canyon Court I don't 3246 02:37:49,149 --> 02:37:49,799 think it was ever 3247 02:37:49,799 --> 02:37:53,739 clarified where this wall is going to go no one ever said 3248 02:37:53,739 --> 02:37:55,280 it's at the top of the 3249 02:37:55,280 --> 02:37:59,559 or the higher grade or the lower grade so if an eight-foot 3250 02:37:59,559 --> 02:38:01,319 wall which we've now 3251 02:38:01,319 --> 02:38:07,319 established is the largest is built at the lower grade it's 3252 02:38:07,319 --> 02:38:08,000 effectively a 3253 02:38:08,000 --> 02:38:12,559 four-foot fence not really much of a fence it's built up 3254 02:38:12,559 --> 02:38:14,520 there that makes a 3255 02:38:14,520 --> 02:38:18,930 difference so there's been no clarification also one of the 3256 02:38:18,930 --> 02:38:19,319 thing is 3257 02:38:19,319 --> 02:38:23,750 you meant something that you just mentioned that if if this 3258 02:38:23,750 --> 02:38:24,879 gentleman does 3259 02:38:24,879 --> 02:38:28,489 not choose to go ahead with this development and all of 3260 02:38:28,489 --> 02:38:29,360 this pushes 3261 02:38:29,360 --> 02:38:35,190 forward to the next developer everything that you know that 3262 02:38:35,190 --> 02:38:35,879 all this goodwill 3263 02:38:35,879 --> 02:38:40,049 these get goodwill items are they going to be set in stone 3264 02:38:40,049 --> 02:38:40,879 that somebody else 3265 02:38:40,879 --> 02:38:45,049 has to follow through with all these points the only things 3266 02:38:45,049 --> 02:38:45,799 that will be 3267 02:38:45,799 --> 02:38:48,079 following through and that's why I'm mentioning the 3268 02:38:48,079 --> 02:38:49,760 possibility of a two-story 3269 02:38:49,760 --> 02:38:53,049 requirement is what goes in this overlay okay if it's not 3270 02:38:53,049 --> 02:38:53,680 specifically 3271 02:38:53,680 --> 02:38:57,399 called out in this overlay on the zoning to your point it 3272 02:38:57,399 --> 02:38:58,799 is just good words and 3273 02:38:58,799 --> 02:39:01,790 that's it okay that's what I would like that that's why we 3274 02:39:01,790 --> 02:39:04,000 're trying to take 3275 02:39:04,000 --> 02:39:08,549 some of these concerns that are being expressed here and 3276 02:39:08,549 --> 02:39:09,860 possibly if the 3277 02:39:09,860 --> 02:39:14,030 Commission is so inclined to possibly include some 3278 02:39:14,030 --> 02:39:16,200 additional requirements and 3279 02:39:16,200 --> 02:39:22,239 protections for the existing neighborhood to have a higher 3280 02:39:22,239 --> 02:39:23,299 zoning 3281 02:39:23,299 --> 02:39:27,469 but that's only bumped up to an NRMU 12 next door to you 3282 02:39:27,469 --> 02:39:28,680 all okay thank you 3283 02:39:28,680 --> 02:39:35,530 thank you sir sir Commissioner Ellis thank you chair sir I 3284 02:39:35,530 --> 02:39:37,399 'm sorry I was gonna 3285 02:39:37,399 --> 02:39:42,030 address one of your comments to maybe help you understand a 3286 02:39:42,030 --> 02:39:42,920 little bit 3287 02:39:42,920 --> 02:39:45,549 further so yeah the overlay is chair explained will run 3288 02:39:45,549 --> 02:39:46,440 with the land so if 3289 02:39:46,440 --> 02:39:49,090 this development doesn't happen and the overlay is approved 3290 02:39:49,090 --> 02:39:50,280 for this rezoning it 3291 02:39:50,280 --> 02:39:53,659 it it runs with the land with regard to getting answers 3292 02:39:53,659 --> 02:39:55,040 about more specifics 3293 02:39:55,040 --> 02:39:58,709 about the fence and whatnot this right now is just the 3294 02:39:58,709 --> 02:40:00,680 zoning part of it the 3295 02:40:00,680 --> 02:40:05,579 site plan comes next after that of which we will come 3296 02:40:05,579 --> 02:40:07,319 before us and can be 3297 02:40:07,319 --> 02:40:10,309 looked at in a lot of things that that we're discussing 3298 02:40:10,309 --> 02:40:12,520 tonight are we don't 3299 02:40:12,520 --> 02:40:15,569 really have a site plan nothing's being presented with that 3300 02:40:15,569 --> 02:40:17,200 so nothing can can 3301 02:40:17,200 --> 02:40:21,370 go up there and show us and that we can tweak at this point 3302 02:40:21,370 --> 02:40:22,600 so right now it's 3303 02:40:22,600 --> 02:40:27,040 it's the zoning with the overlay that we're discussing and 3304 02:40:27,040 --> 02:40:28,479 then the site plan 3305 02:40:28,479 --> 02:40:33,290 would come after and then you'd have a better idea of what 3306 02:40:33,290 --> 02:40:34,879 that fence will look 3307 02:40:34,879 --> 02:40:38,659 like and where streets will go and how the townhomes will 3308 02:40:38,659 --> 02:40:39,399 be configured and 3309 02:40:39,399 --> 02:40:43,239 whatnot okay so where does the vote come in that you 3310 02:40:43,239 --> 02:40:44,159 recommend to the City 3311 02:40:44,159 --> 02:40:48,809 Council is it between overlay and site plan or is it let me 3312 02:40:48,809 --> 02:40:49,719 step in we're 3313 02:40:49,719 --> 02:40:52,840 having a little sidebar conversation is for clarification 3314 02:40:52,840 --> 02:40:54,239 this is going to be a 3315 02:40:54,239 --> 02:40:59,200 residential case it's not a commercial case so the correct 3316 02:40:59,200 --> 02:41:00,079 thing that will come 3317 02:41:00,079 --> 02:41:03,959 back before this board is going to be what's called a plat 3318 02:41:03,959 --> 02:41:04,959 a site plan is as 3319 02:41:04,959 --> 02:41:07,969 Commissioner Ellis is correct is with a commercial 3320 02:41:07,969 --> 02:41:09,479 application or a heavier 3321 02:41:09,479 --> 02:41:12,719 density but with this particular type of zoning it's going 3322 02:41:12,719 --> 02:41:13,920 to be residential so 3323 02:41:13,920 --> 02:41:16,280 it's going to be a plat and that would come before us as 3324 02:41:16,280 --> 02:41:17,479 Commissioner Ellis 3325 02:41:17,479 --> 02:41:22,520 says and at some point here in the future so a number of 3326 02:41:22,520 --> 02:41:23,639 the items and the 3327 02:41:23,639 --> 02:41:26,139 concerns that you're talking about in regards to fences and 3328 02:41:26,139 --> 02:41:26,799 those types of 3329 02:41:26,799 --> 02:41:29,840 things would be talked about at the platting stage and 3330 02:41:29,840 --> 02:41:31,040 there are going to be 3331 02:41:31,040 --> 02:41:35,209 limitations that what this board can and cannot enforce as 3332 02:41:35,209 --> 02:41:36,879 far as a plat is 3333 02:41:36,879 --> 02:41:41,129 concerned because so we're clear about that why I'm trying 3334 02:41:41,129 --> 02:41:42,159 to have some of the 3335 02:41:42,159 --> 02:41:45,149 conversation give the neighborhood as much leeway some of 3336 02:41:45,149 --> 02:41:45,879 you ought to speak 3337 02:41:45,879 --> 02:41:48,959 multiple times to get as much information from you all your 3338 02:41:48,959 --> 02:41:49,360 concerns 3339 02:41:49,360 --> 02:41:53,250 that we can incorporate it into the overlay if this 3340 02:41:53,250 --> 02:41:55,079 Commission chooses to 3341 02:41:55,079 --> 02:41:58,620 move forward with that to address as many of these concerns 3342 02:41:58,620 --> 02:41:59,479 as as possible 3343 02:41:59,479 --> 02:42:01,770 and have them included in the overlay because we are 3344 02:42:01,770 --> 02:42:03,000 limited in what we can do 3345 02:42:03,000 --> 02:42:06,309 during a platting phase okay as long as they technically 3346 02:42:06,309 --> 02:42:07,440 meet the requirements 3347 02:42:07,440 --> 02:42:14,610 of a plat that will move forward okay thank you so much for 3348 02:42:14,610 --> 02:42:15,239 coming out and 3349 02:42:15,239 --> 02:42:19,079 your patience and expressing all of your concerns again 3350 02:42:19,079 --> 02:42:21,000 this is a public hearing 3351 02:42:21,000 --> 02:42:25,909 final call for anyone else who would like to speak on this 3352 02:42:25,909 --> 02:42:27,600 item seeing none I 3353 02:42:27,600 --> 02:42:30,760 will close the public hearing and I will open the floor for 3354 02:42:30,760 --> 02:42:32,040 discussion and the 3355 02:42:32,040 --> 02:42:34,399 motion 3356 02:42:35,879 --> 02:42:39,299 Commissioner Beck thank you chair and I too would like to 3357 02:42:39,299 --> 02:42:41,040 thank every one of you 3358 02:42:41,040 --> 02:42:45,319 for coming out speaking tonight and it's it's it's tough I 3359 02:42:45,319 --> 02:42:47,079 realize I've been in 3360 02:42:47,079 --> 02:42:50,889 this situation to where I live and dealing with a change 3361 02:42:50,889 --> 02:42:52,040 that's going to 3362 02:42:52,040 --> 02:42:55,350 impact you but as you've all mentioned invariably this was 3363 02:42:55,350 --> 02:42:56,360 going to happen 3364 02:42:56,360 --> 02:43:00,350 sometime down the road and all we're trying to do here on 3365 02:43:00,350 --> 02:43:01,520 both sides I think 3366 02:43:01,520 --> 02:43:05,690 is try and minimize the negative impact that development is 3367 02:43:05,690 --> 02:43:07,799 going to happen here 3368 02:43:07,799 --> 02:43:11,100 my feeling is mr. Schmidt says we're backwards to 3369 02:43:11,100 --> 02:43:12,760 accommodate a lot of things 3370 02:43:12,760 --> 02:43:15,750 and I'm glad he is because you do have a nice little 3371 02:43:15,750 --> 02:43:17,280 community set back there and 3372 02:43:17,280 --> 02:43:19,690 I'd like to see you keep it as much as possible I think 3373 02:43:19,690 --> 02:43:20,440 with what's been 3374 02:43:20,440 --> 02:43:23,979 suggested here you will be able to maintain that now there 3375 02:43:23,979 --> 02:43:24,520 will be folks 3376 02:43:24,520 --> 02:43:29,280 like mr. Kepner and I think mr. Glover who but right up 3377 02:43:29,280 --> 02:43:30,840 against this new 3378 02:43:30,840 --> 02:43:33,829 property so they're gonna see things a little more 3379 02:43:33,829 --> 02:43:35,319 dramatically than everybody 3380 02:43:35,319 --> 02:43:38,860 else is so I understand that concern but we've got a look 3381 02:43:38,860 --> 02:43:39,440 kind of at the bigger 3382 02:43:39,440 --> 02:43:42,799 picture here the city is growing there's no doubt about 3383 02:43:42,799 --> 02:43:44,000 that we've got to provide 3384 02:43:44,000 --> 02:43:48,709 housing this is an opportunity for us to do that yes it is 3385 02:43:48,709 --> 02:43:50,920 an nr6 but again mr. 3386 02:43:50,920 --> 02:43:55,639 Schmidt's has indicated that he's willing to go below 10 3387 02:43:55,639 --> 02:43:57,200 residents an 3388 02:43:57,200 --> 02:44:01,139 acre hopefully a if I heard that right and that'd be nice 3389 02:44:01,139 --> 02:44:01,959 and that's not that 3390 02:44:01,959 --> 02:44:06,200 far off of an nr6 but this is an infill area that we need 3391 02:44:06,200 --> 02:44:07,239 to develop we've got 3392 02:44:07,239 --> 02:44:10,649 all these empty spots in the city and this is a good place 3393 02:44:10,649 --> 02:44:12,600 to do it the idea 3394 02:44:12,600 --> 02:44:16,520 of fire being a problem mentioned here I mean if you think 3395 02:44:16,520 --> 02:44:17,520 about that lot that 3396 02:44:17,520 --> 02:44:22,040 sits there when it's hot and dry that's a tender box and if 3397 02:44:22,040 --> 02:44:22,719 that field were to 3398 02:44:22,719 --> 02:44:26,079 ever catch fire that six-foot wood fence that y'all got 3399 02:44:26,079 --> 02:44:26,959 there that's pretty old 3400 02:44:26,959 --> 02:44:29,950 would pick up pretty quick and carry it so this would be 3401 02:44:29,950 --> 02:44:31,280 another good reason to 3402 02:44:31,280 --> 02:44:37,229 develop this area to prevent that kind of thing I think if 3403 02:44:37,229 --> 02:44:39,200 we keep it limited 3404 02:44:39,200 --> 02:44:41,969 to townhomes or single-family attached I think that's what 3405 02:44:41,969 --> 02:44:43,040 we were talking about 3406 02:44:43,040 --> 02:44:50,479 no more than that it stays in unison with what y'all got 3407 02:44:50,479 --> 02:44:51,520 there it's not that 3408 02:44:51,520 --> 02:44:53,659 distinctive it's not going to stick out that much 3409 02:44:53,659 --> 02:44:54,719 understand there's going to be 3410 02:44:54,719 --> 02:44:56,909 a little bit more traffic that's going to happen anyway 3411 02:44:56,909 --> 02:44:57,799 once this area gets 3412 02:44:57,799 --> 02:45:00,850 developed there's always going to be a little bit more 3413 02:45:00,850 --> 02:45:02,120 traffic and as a city 3414 02:45:02,120 --> 02:45:06,290 will deal with that as best we can as we as we move forward 3415 02:45:06,290 --> 02:45:08,040 but I think I mentioned 3416 02:45:08,040 --> 02:45:12,389 too that in our six if you leave it like it is by right it 3417 02:45:12,389 --> 02:45:13,760 was mentioned by one 3418 02:45:13,760 --> 02:45:16,750 of the commissioners they can come in and build a three- 3419 02:45:16,750 --> 02:45:17,959 story there too and 3420 02:45:17,959 --> 02:45:20,420 they don't have to come through PNC because they can do 3421 02:45:20,420 --> 02:45:21,239 that by right so 3422 02:45:21,239 --> 02:45:26,920 keep that in mind so anyway that's my position I just want 3423 02:45:26,920 --> 02:45:27,680 to share that with 3424 02:45:27,680 --> 02:45:31,909 you I were not unsympathetic to this new development coming 3425 02:45:31,909 --> 02:45:33,959 in but this is a good 3426 02:45:33,959 --> 02:45:37,659 opportunity this is a good offering I think that would have 3427 02:45:37,659 --> 02:45:38,120 sewage a lot of 3428 02:45:38,120 --> 02:45:42,360 the fears and concerns you have thank you 3429 02:45:42,360 --> 02:45:47,479 Commissioner Sanchez I would also like to thank thank you 3430 02:45:47,479 --> 02:45:49,000 all for showing up I 3431 02:45:49,000 --> 02:45:51,989 think all your all the information you've given us has 3432 02:45:51,989 --> 02:45:53,040 helped it helps us 3433 02:45:53,040 --> 02:45:57,020 make a better decision I know it's it's kind of agonizing 3434 02:45:57,020 --> 02:45:58,799 when you when new 3435 02:45:58,799 --> 02:46:02,559 buildings or new construction is developed adjacent to 3436 02:46:02,559 --> 02:46:03,600 areas that you're 3437 02:46:03,600 --> 02:46:08,090 used to being pretty open but like I'd like to say you know 3438 02:46:08,090 --> 02:46:09,540 there's at one time 3439 02:46:09,540 --> 02:46:11,920 we all figured the rules areas are going to have to be 3440 02:46:11,920 --> 02:46:13,840 developed and I think he 3441 02:46:13,840 --> 02:46:17,459 the developer has made a lot of concessions and I think 3442 02:46:17,459 --> 02:46:18,600 probably at the 3443 02:46:18,600 --> 02:46:24,430 end you'll find that what he what he does build probably 3444 02:46:24,430 --> 02:46:25,159 will be to your 3445 02:46:25,159 --> 02:46:31,549 liking it's close to the mall and and I think the the town 3446 02:46:31,549 --> 02:46:32,879 homes that they're 3447 02:46:32,879 --> 02:46:37,680 talking about 1600 square foot is pretty compatible to what 3448 02:46:37,680 --> 02:46:38,920 's around around in 3449 02:46:38,920 --> 02:46:45,559 the area Commissioner Rosa thank you chair I would like to 3450 02:46:45,559 --> 02:46:46,799 echo question back 3451 02:46:46,799 --> 02:46:50,239 and Christian Sanchez thanks for everyone coming out that's 3452 02:46:50,239 --> 02:46:50,459 really 3453 02:46:50,459 --> 02:46:54,360 helpful for us who may not be knowledgeable the area to 3454 02:46:54,360 --> 02:46:55,440 know that their 3455 02:46:55,440 --> 02:46:58,850 intimate cul-de-sacs and the environment of the 36 patio 3456 02:46:58,850 --> 02:46:59,879 homes that's super 3457 02:46:59,879 --> 02:47:02,530 helpful for me to kind of think through this process and as 3458 02:47:02,530 --> 02:47:03,760 I've heard everyone 3459 02:47:03,760 --> 02:47:07,719 speak as well as seen the presentation the things that lead 3460 02:47:07,719 --> 02:47:08,719 me to make a motion 3461 02:47:08,719 --> 02:47:13,680 are are threefold one it seemed like pervasive response 3462 02:47:13,680 --> 02:47:15,239 from the citizens was 3463 02:47:15,239 --> 02:47:18,920 traffic concerns specifically through traffic to Claremont 3464 02:47:18,920 --> 02:47:19,799 and then the 3465 02:47:19,799 --> 02:47:22,790 impact they'll have on Colorado and then from what I've 3466 02:47:22,790 --> 02:47:23,959 heard the emergency 3467 02:47:23,959 --> 02:47:28,569 access gate seems to be a an understanding response to 3468 02:47:28,569 --> 02:47:29,879 mitigate flow 3469 02:47:29,879 --> 02:47:32,879 through traffic from public vehicles not city but public 3470 02:47:32,879 --> 02:47:34,059 vehicles and then the 3471 02:47:34,059 --> 02:47:37,639 Colorado if there's right turn left turn right aways the 3472 02:47:37,639 --> 02:47:38,479 traffic that's gonna be 3473 02:47:38,479 --> 02:47:41,469 put on Colorado and then our six would put 53 homes and 3474 02:47:41,469 --> 02:47:42,760 this is gonna put 80 3475 02:47:42,760 --> 02:47:45,750 it's not gonna be a lot different than what's by right 3476 02:47:45,750 --> 02:47:46,879 already available for 3477 02:47:46,879 --> 02:47:49,870 NR6 in terms of traffic the other thing that was talked 3478 02:47:49,870 --> 02:47:50,719 about extensively 3479 02:47:50,719 --> 02:47:54,600 tonight was the density and I feel like yes there is gonna 3480 02:47:54,600 --> 02:47:55,440 be an increase of 3481 02:47:55,440 --> 02:47:59,399 density from NR6 to an NRIU 12 although I'm an emotion with 3482 02:47:59,399 --> 02:47:59,920 an overlay to 3483 02:47:59,920 --> 02:48:03,520 reduce that so there is a give on the density but I think 3484 02:48:03,520 --> 02:48:04,280 there is a get and 3485 02:48:04,280 --> 02:48:07,559 protecting building height I know everyone's concerned 3486 02:48:07,559 --> 02:48:09,040 about the adjacent 3487 02:48:09,040 --> 02:48:12,409 building heights but the applicant is actually restricting 3488 02:48:12,409 --> 02:48:13,319 the rights that 3489 02:48:13,319 --> 02:48:15,639 we're making it more restrictive than what can be built now 3490 02:48:15,639 --> 02:48:16,440 so I feel there's 3491 02:48:16,440 --> 02:48:19,010 a give and take for increased density but also protection 3492 02:48:19,010 --> 02:48:19,879 of those building 3493 02:48:19,879 --> 02:48:22,909 heights and the last thing it was brought up was the amen 3494 02:48:22,909 --> 02:48:23,840 ity centers and 3495 02:48:23,840 --> 02:48:26,920 the dog park and and whatnot and I I understand that that 3496 02:48:26,920 --> 02:48:28,000 might not get used 3497 02:48:28,000 --> 02:48:32,409 but I do take it as an olive branch from the developer but 3498 02:48:32,409 --> 02:48:33,239 there is a 3499 02:48:33,239 --> 02:48:38,649 consideration of trying to be good neighbor and so with all 3500 02:48:38,649 --> 02:48:39,840 that being said 3501 02:48:39,840 --> 02:48:43,770 I'm going to move to to approve this with the condition 3502 02:48:43,770 --> 02:48:45,559 staff outlaid meaning 3503 02:48:45,559 --> 02:48:48,989 defining it as limited to town homes with a maximum density 3504 02:48:48,989 --> 02:48:50,159 of 10 dwelling 3505 02:48:50,159 --> 02:48:53,799 units per acre as well as a limitation of a two-story 3506 02:48:53,799 --> 02:48:55,040 construction on 3507 02:48:55,040 --> 02:49:05,069 contiguous property to the residential homes Commissioner 3508 02:49:05,069 --> 02:49:05,879 Rozo would you 3509 02:49:05,879 --> 02:49:10,049 entertain adding the emergency access gate is requirement 3510 02:49:10,049 --> 02:49:10,899 to connect to 3511 02:49:10,899 --> 02:49:19,000 clear month yes the friendly minute so you'd have in 3512 02:49:19,000 --> 02:49:21,120 addition to the staff 3513 02:49:21,120 --> 02:49:26,680 overlay could you just your add-ons could you clearly stay 3514 02:49:26,680 --> 02:49:27,040 because I think 3515 02:49:27,040 --> 02:49:30,030 staff wants to make sure we get these as well yes so my 3516 02:49:30,030 --> 02:49:31,360 motion is to approve it 3517 02:49:31,360 --> 02:49:34,790 with the staff conditions of limited to town homes with the 3518 02:49:34,790 --> 02:49:35,920 maximum density of 3519 02:49:35,920 --> 02:49:40,819 12 dwelling units per acre as well as 10 yeah 10 thank you 3520 02:49:40,819 --> 02:49:42,159 let me try this one 3521 02:49:42,159 --> 02:49:46,559 more time I moved to approve this item with the staff 3522 02:49:46,559 --> 02:49:47,760 recommendations to limit 3523 02:49:47,760 --> 02:49:50,870 the use to town homes with maximum density of 10 dwelling 3524 02:49:50,870 --> 02:49:51,959 units per acre as 3525 02:49:51,959 --> 02:49:55,010 well as a restriction on two-story construction on cont 3526 02:49:55,010 --> 02:49:56,120 iguous property to 3527 02:49:56,120 --> 02:50:00,790 residential homes already constructed and the installment 3528 02:50:00,790 --> 02:50:02,399 of an emergency access 3529 02:50:02,399 --> 02:50:09,159 gate okay commissioner Smith thank you chair thank you for 3530 02:50:09,159 --> 02:50:10,239 coming out and as 3531 02:50:10,239 --> 02:50:12,750 Commissioner Roselle has already said I agree and echo a 3532 02:50:12,750 --> 02:50:13,479 lot of the same 3533 02:50:13,479 --> 02:50:27,500 sentiments so how will second this motion second thank you 3534 02:50:27,500 --> 02:50:28,440 just as a point 3535 02:50:28,440 --> 02:50:34,309 of order I want to clarify the motion that in staff 3536 02:50:34,309 --> 02:50:35,159 recommendation they have 3537 02:50:35,159 --> 02:50:38,799 both single-family and town homes and single-family 3538 02:50:38,799 --> 02:50:40,879 detached in your in your 3539 02:50:40,879 --> 02:50:43,870 motion you stated single-family residential you okay with 3540 02:50:43,870 --> 02:50:44,200 the town 3541 02:50:44,200 --> 02:50:48,159 homes and the single-family detached willing ends as well 3542 02:50:48,159 --> 02:50:49,600 as in the city 3543 02:50:49,600 --> 02:50:53,770 staff so the city staff I'm reading says the use of the 3544 02:50:53,770 --> 02:50:55,000 site is limited to town 3545 02:50:55,000 --> 02:50:57,280 homes 3546 02:51:01,399 --> 02:51:09,219 I have an older copy here staff recommendation that I have 3547 02:51:09,219 --> 02:51:10,760 for me here 3548 02:51:10,760 --> 02:51:18,879 says it's limited to the single-family attached Victor 3549 02:51:18,879 --> 02:51:25,559 there's still I got you 3550 02:51:25,559 --> 02:51:30,479 yes it's typed differently in two different places yes I'm 3551 02:51:30,479 --> 02:51:31,319 fine with the 3552 02:51:31,319 --> 02:51:35,079 city staff outlined in the recommendation of 1a and 1b 3553 02:51:35,079 --> 02:51:37,120 which says 3554 02:51:37,120 --> 02:51:40,110 this there shall be no uses permitted other than single- 3555 02:51:40,110 --> 02:51:40,639 family attached 3556 02:51:40,639 --> 02:51:43,819 including town homes or single-family detached dwelling 3557 02:51:43,819 --> 02:51:47,280 units great thank you 3558 02:51:47,280 --> 02:51:49,239 for clarifying that because I know the staff's trying to 3559 02:51:49,239 --> 02:51:50,040 make sure we get this 3560 02:51:50,040 --> 02:51:53,639 written down correctly as it moves from P and Z to City 3561 02:51:53,639 --> 02:51:55,879 Council we have a first 3562 02:51:55,879 --> 02:52:00,229 and a second with the staff recommended requirements for 3563 02:52:00,229 --> 02:52:02,399 the overlay in addition 3564 02:52:02,399 --> 02:52:07,319 to Commissioner Roselle's two additional points of a two- 3565 02:52:07,319 --> 02:52:08,600 story height requirement 3566 02:52:08,600 --> 02:52:12,829 for any contiguous property adjacent to this and also the 3567 02:52:12,829 --> 02:52:14,559 emergency access gate 3568 02:52:14,559 --> 02:52:19,200 required for connection to Claremont and I think legal has 3569 02:52:19,200 --> 02:52:19,319 just a mr. Smith 3570 02:52:19,319 --> 02:52:22,600 since you seconded are you okay with that clarification yes 3571 02:52:22,600 --> 02:52:23,120 I second is 3572 02:52:23,120 --> 02:52:27,290 clarification okay appreciate the opportunity to restate 3573 02:52:27,290 --> 02:52:28,760 the motion with 3574 02:52:28,760 --> 02:52:32,040 the additional requirements and the clarification on the 3575 02:52:32,040 --> 02:52:33,020 second and I will 3576 02:52:33,020 --> 02:52:36,799 call on Commissioner Ellis thank you chair just a couple of 3577 02:52:36,799 --> 02:52:37,399 comments thank you 3578 02:52:37,399 --> 02:52:42,559 everyone for coming to speak hopefully what will happen mr. 3579 02:52:42,559 --> 02:52:43,479 applicant is that 3580 02:52:43,479 --> 02:52:45,760 you'll make friends here and then as you move forward with 3581 02:52:45,760 --> 02:52:47,600 your development that 3582 02:52:47,600 --> 02:52:52,659 you can continue to hear concerns and whatnot but I think 3583 02:52:52,659 --> 02:52:54,399 with the the overlay 3584 02:52:54,399 --> 02:52:57,389 protection that is being put in place that that the 3585 02:52:57,389 --> 02:52:58,879 applicant is agreeing to 3586 02:52:58,879 --> 02:53:03,280 it really is a very good thing for this piece of property 3587 02:53:03,280 --> 02:53:04,879 and around you it does 3588 02:53:04,879 --> 02:53:09,479 offer protections that you don't have now so with that I 3589 02:53:09,479 --> 02:53:11,799 will support it 3590 02:53:11,799 --> 02:53:15,799 Commissioner back thank you chair and I guess I would ask 3591 02:53:15,799 --> 02:53:16,920 would Commissioner 3592 02:53:16,920 --> 02:53:21,559 Rosell consider another amendment that would assure that 3593 02:53:21,559 --> 02:53:23,040 the minimum height for 3594 02:53:23,040 --> 02:53:26,780 the fence it goes around it is eight foot I won't say what 3595 02:53:26,780 --> 02:53:27,840 material but I 3596 02:53:27,840 --> 02:53:31,559 think the eight foot requirement would make a lot of people 3597 02:53:31,559 --> 02:53:32,520 out there feel a 3598 02:53:32,520 --> 02:53:35,159 lot better too 3599 02:53:38,239 --> 02:53:44,110 isn't that what that's required by code that's the maximum 3600 02:53:44,110 --> 02:53:45,159 loud if I'm not 3601 02:53:45,159 --> 02:53:49,819 right yeah so it could be a six foot I would like to see an 3602 02:53:49,819 --> 02:53:50,639 eight foot fence 3603 02:53:50,639 --> 02:53:57,450 and give them that much more privacy I'm not opposed to it 3604 02:53:57,450 --> 02:53:59,360 but there's different 3605 02:53:59,360 --> 02:54:05,239 fences but there's gonna be an entry fence like a it's my 3606 02:54:05,239 --> 02:54:05,959 understanding 3607 02:54:05,959 --> 02:54:11,829 there'll be some sort of landscaped entry you're not 3608 02:54:11,829 --> 02:54:13,000 talking about no I'm 3609 02:54:13,000 --> 02:54:16,879 talking about where it will about say Jason properties 3610 02:54:16,879 --> 02:54:18,600 right okay the two 3611 02:54:18,600 --> 02:54:25,799 residential areas yeah I'm open to that okay thank you so 3612 02:54:25,799 --> 02:54:26,920 we need to rework that 3613 02:54:26,920 --> 02:54:34,079 then one more time I accept the friendly amendment okay 3614 02:54:34,079 --> 02:54:35,239 Commissioner Smith I 3615 02:54:35,239 --> 02:54:38,229 second that amendment so we've got that added as well all 3616 02:54:38,229 --> 02:54:38,799 right 3617 02:54:38,799 --> 02:54:41,879 Commissioner Ellis thank you chair I will have to ask the 3618 02:54:41,879 --> 02:54:42,600 applicant if he's 3619 02:54:42,600 --> 02:54:48,479 okay with that added point of the overlay okay thank you 3620 02:54:48,479 --> 02:54:51,040 great okay we 3621 02:54:51,040 --> 02:54:55,690 have a first and a second and I think the motion's been 3622 02:54:55,690 --> 02:54:57,319 clarified and I think 3623 02:54:57,319 --> 02:55:00,719 we have that correct I'm going to support this as well I 3624 02:55:00,719 --> 02:55:01,120 know the 3625 02:55:01,120 --> 02:55:04,829 neighbors are concerned about it I see this as well as 3626 02:55:04,829 --> 02:55:06,399 Commissioner Ellis that 3627 02:55:06,399 --> 02:55:08,979 this is actually a better than what you could have built 3628 02:55:08,979 --> 02:55:10,020 against you with the 3629 02:55:10,020 --> 02:55:13,639 height requirement you can have three foot or three story 3630 02:55:13,639 --> 02:55:14,399 buildings against 3631 02:55:14,399 --> 02:55:18,750 you now the way it's currently zoned 40 feet tall I know 3632 02:55:18,750 --> 02:55:20,040 you would like to see it 3633 02:55:20,040 --> 02:55:23,079 as a open field but I think the reality is at some point it 3634 02:55:23,079 --> 02:55:24,079 's going to develop 3635 02:55:24,079 --> 02:55:27,879 and this is an opportunity for this board to place some 3636 02:55:27,879 --> 02:55:28,760 additional 3637 02:55:28,760 --> 02:55:31,200 requirements on the property owner and there's some 3638 02:55:31,200 --> 02:55:32,319 restrictions on it that 3639 02:55:32,319 --> 02:55:35,700 will give you some protections that you don't currently 3640 02:55:35,700 --> 02:55:37,040 have and I think also 3641 02:55:37,040 --> 02:55:40,860 in taking into account the emergency access gate helps you 3642 02:55:40,860 --> 02:55:41,479 with the 3643 02:55:41,479 --> 02:55:45,879 possibility of the future tie-ins and so with those 3644 02:55:45,879 --> 02:55:48,159 additional requirements I'm 3645 02:55:48,159 --> 02:55:51,170 going to support this motion as well I want to thank 3646 02:55:51,170 --> 02:55:52,680 everybody for coming out 3647 02:55:52,680 --> 02:55:56,399 it's we've had a good discussion and good give-and-take and 3648 02:55:56,399 --> 02:55:57,020 same thing with 3649 02:55:57,020 --> 02:56:00,059 the Commission I think we've worked to come up with 3650 02:56:00,059 --> 02:56:01,600 hopefully a good motion 3651 02:56:01,600 --> 02:56:04,590 here that will address a lot of concerns both the 3652 02:56:04,590 --> 02:56:06,120 neighborhood and then still 3653 02:56:06,120 --> 02:56:09,729 allow the applicant to develop the property within reason 3654 02:56:09,729 --> 02:56:10,600 so with that I 3655 02:56:10,600 --> 02:56:16,479 will call for a vote on the board this motion to approve 3656 02:56:16,479 --> 02:56:21,680 motion is going to 3657 02:56:21,680 --> 02:56:26,360 carry six to zero thank you all again for coming out this 3658 02:56:26,360 --> 02:56:27,280 evening I'll give 3659 02:56:27,280 --> 02:56:31,659 the room a minute to clear because we do have a lot of 3660 02:56:31,659 --> 02:56:33,120 people in here and then 3661 02:56:36,120 --> 02:56:38,719 you did great. 3662 02:57:06,120 --> 02:57:23,639 With that I'm going to go ahead and move forward to the 3663 02:57:23,639 --> 02:57:26,079 next item on our agenda 3664 02:57:26,079 --> 02:57:32,489 as folks head on out and go ahead and clear the chambers as 3665 02:57:32,489 --> 02:57:34,079 we move on to our 3666 02:57:34,079 --> 02:57:38,309 next item and I'm going to open the public hearing now for 3667 02:57:38,309 --> 02:57:40,559 Z 18 - 0 0 0 3 3668 02:57:40,559 --> 02:57:45,600 and I will call on Ron for presentation. Thank you chair 3669 02:57:45,600 --> 02:57:46,559 members of the Commission this 3670 02:57:46,559 --> 02:57:50,569 request is for a rezoning of a property as well as an 3671 02:57:50,569 --> 02:57:52,200 initial zoning of a 3672 02:57:52,200 --> 02:57:57,000 property to CMG commercial mixed use district as you can 3673 02:57:57,000 --> 02:57:58,159 see on this exhibit 3674 02:57:58,159 --> 02:58:01,729 the southern portion of the property is zone NR 2 the 3675 02:58:01,729 --> 02:58:03,399 northern portion is zone 3676 02:58:03,399 --> 02:58:10,280 RD 5 by designation as it was annexed recently the subject 3677 02:58:10,280 --> 02:58:11,079 site is approximately 3678 02:58:11,079 --> 02:58:15,000 six point three seven acres general location is along Teas 3679 02:58:15,000 --> 02:58:16,280 ley just south of 3680 02:58:16,280 --> 02:58:22,440 J J. H. Heis of Geyer High School. The future land use 3681 02:58:22,440 --> 02:58:23,920 designation has this area 3682 02:58:23,920 --> 02:58:26,909 designated as community mixed use which is intended to 3683 02:58:26,909 --> 02:58:27,920 promote mixed uses 3684 02:58:27,920 --> 02:58:33,819 primarily commercial uses with complementary existing uses 3685 02:58:33,819 --> 02:58:35,520 as well. This 3686 02:58:35,520 --> 02:58:38,850 exhibit here at a slide just basically illustrates what is 3687 02:58:38,850 --> 02:58:39,959 currently zone as 3688 02:58:39,959 --> 02:58:44,579 described earlier the proposed zoning would be CMG as you 3689 02:58:44,579 --> 02:58:46,879 see here similar to 3690 02:58:46,879 --> 02:58:53,719 what's zone for the Geyer High School. Surrounding uses 3691 02:58:53,719 --> 02:58:56,360 include a mobile home to 3692 02:58:56,360 --> 02:59:01,319 the east some residential and a gas well to the southeast 3693 02:59:01,319 --> 02:59:02,239 some commercial and 3694 02:59:02,239 --> 02:59:07,079 industrial uses to the south NRM I'm sorry NR 2 CMG 3695 02:59:07,079 --> 02:59:08,719 industrial uses to the 3696 02:59:08,719 --> 02:59:14,129 southwest and then Geyer High School to the north as well 3697 02:59:14,129 --> 02:59:16,639 as to the west. Staff 3698 02:59:16,639 --> 02:59:22,510 looked at this proposal and concluded that the CMG is the 3699 02:59:22,510 --> 02:59:23,200 consistent with the 3700 02:59:23,200 --> 02:59:28,389 future land use element it is appropriate as opposed to the 3701 02:59:28,389 --> 02:59:29,280 NR 2 and 3702 02:59:29,280 --> 02:59:35,899 the RD 5 which is which are not Teasley is a key growth 3703 02:59:35,899 --> 02:59:37,719 corridor as well as an 3704 02:59:37,719 --> 02:59:42,120 entry into the city and commercial uses is more an 3705 02:59:42,120 --> 02:59:45,319 appropriate use for this area. 3706 02:59:45,319 --> 02:59:50,659 Teasley is currently a two-lane divided roadway however 3707 02:59:50,659 --> 02:59:51,600 TechSat has begun 3708 02:59:51,600 --> 02:59:56,170 construction or the work to widen and construct this to a 3709 02:59:56,170 --> 02:59:57,479 six lane divided 3710 02:59:57,479 --> 03:00:04,299 roadway 135 feet total from the city limits to the east all 3711 03:00:04,299 --> 03:00:05,319 the way to the 3712 03:00:05,319 --> 03:00:11,200 north to Lillian Miller. Anticipated widening completion is 3713 03:00:11,200 --> 03:00:11,920 approximately 3714 03:00:11,920 --> 03:00:17,159 January 2020. Notifications were sent out 14 were sent out 3715 03:00:17,159 --> 03:00:18,719 to property owners 3716 03:00:18,719 --> 03:00:22,120 within 200 feet 13 courtesy notices were sent out to 3717 03:00:22,120 --> 03:00:23,440 residents within 500 feet 3718 03:00:23,440 --> 03:00:27,610 and a sign was posted by the applicant. As of this 3719 03:00:27,610 --> 03:00:29,280 afternoon there were no 3720 03:00:29,280 --> 03:00:35,389 responses returned no opposition no in favor. Staff 3721 03:00:35,389 --> 03:00:37,159 recommends approval of this 3722 03:00:37,159 --> 03:00:42,319 route zoning change request as an initial zoning request 3723 03:00:42,319 --> 03:00:44,120 that as it is 3724 03:00:44,120 --> 03:00:48,649 conformance with the criteria of approval for the DDC and 3725 03:00:48,649 --> 03:00:49,079 it is 3726 03:00:49,079 --> 03:00:52,420 consistent with the goals and objective of the DEM plan 3727 03:00:52,420 --> 03:00:55,000 2030. That concludes my 3728 03:00:55,000 --> 03:00:58,239 presentation I'll be happy to answer any questions the 3729 03:00:58,239 --> 03:00:59,399 applicant has prepared 3730 03:00:59,399 --> 03:01:05,500 presentation and is prepared to do that next. Commissioner 3731 03:01:05,500 --> 03:01:07,280 Beck. Thank You Chair 3732 03:01:07,280 --> 03:01:09,870 just quick question on I meant to ask this in the work 3733 03:01:09,870 --> 03:01:10,920 session you mentioned 3734 03:01:10,920 --> 03:01:14,879 in the back with your background material any future 3735 03:01:14,879 --> 03:01:15,520 development that 3736 03:01:15,520 --> 03:01:19,770 encroaches into the ESA habitat or ESA floodplain 3737 03:01:19,770 --> 03:01:22,040 designation AE would require 3738 03:01:22,040 --> 03:01:26,760 a field assessment what's AE? That's a type of floodplain 3739 03:01:26,760 --> 03:01:30,040 designation. What's AE stand for? 3740 03:01:30,040 --> 03:01:35,590 I apologize. Now if there was anything online. Alternative 3741 03:01:35,590 --> 03:01:37,959 of something right? I can't say. 3742 03:01:37,959 --> 03:01:41,510 All I know is a type of it's a level of floodplain 3743 03:01:41,510 --> 03:01:45,399 designation. Got you. Thanks. 3744 03:01:46,000 --> 03:01:50,459 See no other questions for staff. Thank you Ron. I do have 3745 03:01:50,459 --> 03:01:53,239 one card Patricia 3746 03:01:53,239 --> 03:01:58,680 Font in support. 3747 03:02:02,959 --> 03:02:07,959 Hi good evening chair and commissioners my name is Patricia 3748 03:02:07,959 --> 03:02:10,040 Font I am an 3749 03:02:10,040 --> 03:02:14,579 assistant planner at GNA consultants we are located at 111 3750 03:02:14,579 --> 03:02:16,000 Hillside Drive in 3751 03:02:16,000 --> 03:02:20,600 Louisville Texas. Alright okay so the name of our property 3752 03:02:20,600 --> 03:02:22,120 is Hillcrest North 3753 03:02:22,120 --> 03:02:27,530 and we are proposing to rezone our property from NR2 and RD 3754 03:02:27,530 --> 03:02:31,319 X 5X to CMG. 3755 03:02:32,959 --> 03:02:37,659 Okay so our land is a proper is approximately six acres 3756 03:02:37,659 --> 03:02:38,639 located on 3757 03:02:38,639 --> 03:02:43,399 Teasley Lane. To the north is Gair High School as you can 3758 03:02:43,399 --> 03:02:46,319 see and to the south 3759 03:02:46,319 --> 03:02:52,149 is some industrial uses and that's about 1,600 feet away 3760 03:02:52,149 --> 03:02:57,120 from FM 2499. As we get a 3761 03:02:57,120 --> 03:03:00,120 closer look you can see that Gair High School has added 3762 03:03:00,120 --> 03:03:01,159 some parking to the 3763 03:03:01,159 --> 03:03:06,270 west. This allows for great visibility coming down 2181. 3764 03:03:06,270 --> 03:03:07,719 There's the mobile home 3765 03:03:07,719 --> 03:03:12,239 park to the east and as I said before industrial uses to 3766 03:03:12,239 --> 03:03:14,399 the south. 2181 will 3767 03:03:14,399 --> 03:03:18,569 be is under construction and this will be a six lane 3768 03:03:18,569 --> 03:03:21,639 divided. Our client also 3769 03:03:21,639 --> 03:03:26,280 runs his business out of this building right here. 3770 03:03:28,319 --> 03:03:32,719 Okay I know we had a question or we talked about kind of 3771 03:03:32,719 --> 03:03:33,799 why this whole thing 3772 03:03:33,799 --> 03:03:38,170 is not rezoned. Our client currently owns all of these parc 3773 03:03:38,170 --> 03:03:39,680 els that are outlined 3774 03:03:39,680 --> 03:03:45,629 in red and the cell tower is at the north or northwest 3775 03:03:45,629 --> 03:03:47,760 portion which he does 3776 03:03:47,760 --> 03:03:53,860 not own. There are gas wells in the northwest portion of 3777 03:03:53,860 --> 03:03:54,840 the property that 3778 03:03:54,840 --> 03:03:59,479 will remain and they will have access through the subject 3779 03:03:59,479 --> 03:04:00,559 site. 3780 03:04:00,559 --> 03:04:05,200 The environmentally sensitive area map indicates that there 3781 03:04:05,200 --> 03:04:05,520 may be a 3782 03:04:05,520 --> 03:04:09,010 water habitat in the northwest corner at this time. We 3783 03:04:09,010 --> 03:04:11,840 intend to be preserving it 3784 03:04:11,840 --> 03:04:16,420 all. Adequate public utilities are present and they will 3785 03:04:16,420 --> 03:04:17,479 have to be extended 3786 03:04:17,479 --> 03:04:21,829 all the way to the east of this development. Okay the 3787 03:04:21,829 --> 03:04:23,079 future land use map 3788 03:04:23,079 --> 03:04:27,760 Denton 2030 as you can see there's moderate residential 3789 03:04:27,760 --> 03:04:29,239 there's industrial 3790 03:04:29,239 --> 03:04:32,540 and commerce to the south and in between there's community 3791 03:04:32,540 --> 03:04:34,280 mixed use. This X is a 3792 03:04:34,280 --> 03:04:37,950 great buffer and transition between residential and 3793 03:04:37,950 --> 03:04:44,440 industrial. Right now the 3794 03:04:44,440 --> 03:04:49,340 zoning is split and the north the north portion is RD 5X 3795 03:04:49,340 --> 03:04:50,360 and the southern 3796 03:04:50,360 --> 03:04:54,719 portion is NR 2. That's primarily residential. We are 3797 03:04:54,719 --> 03:04:55,799 proposing a zoning 3798 03:04:55,799 --> 03:05:01,670 change to CMG. We believe it makes logical sense for this 3799 03:05:01,670 --> 03:05:02,559 site to extend 3800 03:05:02,559 --> 03:05:06,100 CMG all the way down to Teasley Lane. We're trying to clean 3801 03:05:06,100 --> 03:05:07,040 up a little bit of 3802 03:05:07,040 --> 03:05:10,030 the split zoning and it's also very important to us that 3803 03:05:10,030 --> 03:05:11,440 our client remains 3804 03:05:11,440 --> 03:05:17,319 his business and continues it on this property. This is the 3805 03:05:17,319 --> 03:05:18,719 concept plan that 3806 03:05:18,719 --> 03:05:22,110 we took to our DRC meeting. They had some great comments 3807 03:05:22,110 --> 03:05:23,760 and we are working a few 3808 03:05:23,760 --> 03:05:27,420 modifications for their regulations but we are getting 3809 03:05:27,420 --> 03:05:29,440 ready to propose plotting. 3810 03:05:29,440 --> 03:05:35,319 Thank you. A couple questions for you Commissioner Smith. 3811 03:05:35,319 --> 03:05:36,799 Miss Fain. The 3812 03:05:36,799 --> 03:05:41,079 projected use do you guys have an idea? It looks like it's 3813 03:05:41,079 --> 03:05:44,069 obviously commercial use and it's obviously going to be 3814 03:05:44,069 --> 03:05:44,639 some sort of 3815 03:05:44,639 --> 03:05:48,809 development but is it offices, professional buildings, is 3816 03:05:48,809 --> 03:05:49,639 it going to be 3817 03:05:49,639 --> 03:05:53,000 strip mall? What is it going to be? Right now it's just 3818 03:05:53,000 --> 03:05:54,559 commercial uses. We're thinking 3819 03:05:54,559 --> 03:05:57,879 retail, restaurant, residential. I mean not residential, 3820 03:05:57,879 --> 03:05:58,680 retail, restaurant and 3821 03:05:58,680 --> 03:06:02,850 office. Okay. Thanks. Commissioner Beb. Thank you Chair. 3822 03:06:02,850 --> 03:06:04,799 Did I just hear you say that the 3823 03:06:04,799 --> 03:06:07,459 business owner for outdoor living pool and patio, he's 3824 03:06:07,459 --> 03:06:09,040 gonna stay there and still 3825 03:06:09,040 --> 03:06:13,000 run his business? Yes sir. Same building not gonna shift it 3826 03:06:13,000 --> 03:06:14,040 or anything so gonna 3827 03:06:14,040 --> 03:06:18,440 work around it in other words right? Yeah it will be demol 3828 03:06:18,440 --> 03:06:19,559 ished and he'll work. 3829 03:06:19,559 --> 03:06:21,899 Okay so it is going but you're still gonna have the 3830 03:06:21,899 --> 03:06:23,040 business there at some 3831 03:06:23,040 --> 03:06:28,379 point. I got you. Yes. Thank you. Okay any other questions 3832 03:06:28,379 --> 03:06:31,719 for the applicant? Okay 3833 03:06:31,719 --> 03:06:37,059 thanks very much. Again this is a public hearing. Anyone 3834 03:06:37,059 --> 03:06:37,799 else who would like to 3835 03:06:37,799 --> 03:06:44,309 speak on this item please come forward at this time. Seeing 3836 03:06:44,309 --> 03:06:45,879 no one else I will 3837 03:06:45,879 --> 03:06:49,110 close the public hearing and open the floor for discussion 3838 03:06:49,110 --> 03:06:50,000 or a motion. 3839 03:06:50,000 --> 03:06:54,809 Commissioner Smith. Motion to approve this request. Okay. 3840 03:06:54,809 --> 03:06:56,440 Commissioner Bec. Second. 3841 03:06:56,440 --> 03:07:01,360 Okay we have a first and a second for approval. Any further 3842 03:07:01,360 --> 03:07:05,120 discussion? Seeing 3843 03:07:05,120 --> 03:07:08,399 none I'll call for a vote on the board. 3844 03:07:15,840 --> 03:07:19,610 Motion carries six to zero. Congratulations and good luck 3845 03:07:19,610 --> 03:07:20,200 on your 3846 03:07:20,200 --> 03:07:23,620 project and the chair wants to apologize for making you 3847 03:07:23,620 --> 03:07:26,079 guys stay so long. I never 3848 03:07:26,079 --> 03:07:28,770 know all the cards and everybody hears who's to speak so 3849 03:07:28,770 --> 03:07:29,719 apologize for not 3850 03:07:29,719 --> 03:07:35,659 moving you all forward in the agenda. Good evening. That 3851 03:07:35,659 --> 03:07:37,840 will move us to our 3852 03:07:37,840 --> 03:07:42,959 final item this evening which will be our project matrix. 3853 03:07:44,479 --> 03:07:48,479 Commissioner Bec. Yes I wonder would it be possible to 3854 03:07:48,479 --> 03:07:50,239 bring up what we briefly 3855 03:07:50,239 --> 03:07:52,530 touched on in the work session how we've got an area out 3856 03:07:52,530 --> 03:07:53,680 there in 3-8 that's 3857 03:07:53,680 --> 03:07:58,319 NR2 that in my opinion clearly shouldn't be you know how 3858 03:07:58,319 --> 03:07:59,959 would we go about is 3859 03:07:59,959 --> 03:08:04,129 there something we can start here the process of looking at 3860 03:08:04,129 --> 03:08:05,399 changing that area 3861 03:08:05,399 --> 03:08:10,909 to something more amenable like the ECC. In the very near 3862 03:08:10,909 --> 03:08:13,520 future we are I mean 3863 03:08:13,520 --> 03:08:17,750 we're working on our internal sort of draft of the updated 3864 03:08:17,750 --> 03:08:19,120 zoning map based on 3865 03:08:19,120 --> 03:08:22,790 the new categories and I suspect in the next couple months 3866 03:08:22,790 --> 03:08:24,200 if not sooner maybe 3867 03:08:24,200 --> 03:08:28,000 two months that will be that will be rolled out so we are 3868 03:08:28,000 --> 03:08:28,959 we're really taking 3869 03:08:28,959 --> 03:08:31,950 a hard look at so you know sort of the first phase was 3870 03:08:31,950 --> 03:08:32,920 matching up if you 3871 03:08:32,920 --> 03:08:35,610 remember that the memo there was sort of the front two 3872 03:08:35,610 --> 03:08:36,879 districts now we're really 3873 03:08:36,879 --> 03:08:39,870 sort of honing in and saying does it really make sense that 3874 03:08:39,870 --> 03:08:41,680 this area be NR2 3875 03:08:41,680 --> 03:08:45,159 what was what was a long-term overall intent for that 3876 03:08:45,159 --> 03:08:46,959 looking at gas wells and 3877 03:08:46,959 --> 03:08:50,799 a couple other factors out there it the likelihood is 3878 03:08:50,799 --> 03:08:52,719 probably slim to none but 3879 03:08:52,719 --> 03:08:56,159 we are sort of that's where we are right now so okay it 3880 03:08:56,159 --> 03:08:57,280 will happen very soon 3881 03:08:57,280 --> 03:09:03,379 all right thank you. Commissioner Smith. Thank you chair. 3882 03:09:03,379 --> 03:09:04,760 Twice now we've had it 3883 03:09:04,760 --> 03:09:09,920 where the NRU 12 the permitted uses back in the backup has 3884 03:09:09,920 --> 03:09:10,639 said the wrong 3885 03:09:10,639 --> 03:09:13,840 building height. It will not happen again. Thank you I 3886 03:09:13,840 --> 03:09:14,879 appreciate it. 3887 03:09:14,879 --> 03:09:20,760 The kids yes makes us look like fools and also the Ronan 3888 03:09:20,760 --> 03:09:21,280 mentioned that 3889 03:09:21,280 --> 03:09:25,680 ETJ notifications on that last thing we put on did not go 3890 03:09:25,680 --> 03:09:26,680 out we had brought 3891 03:09:26,680 --> 03:09:28,899 that up in the past when we had it before where 3892 03:09:28,899 --> 03:09:30,639 notifications about the did 3893 03:09:30,639 --> 03:09:33,329 not go out to ETJ but people come and come you know say hey 3894 03:09:33,329 --> 03:09:34,239 my properties in 3895 03:09:34,239 --> 03:09:37,879 ETJ I wasn't notified did we ever have a solution for that 3896 03:09:37,879 --> 03:09:38,479 I know it wasn't an 3897 03:09:38,479 --> 03:09:41,069 issue in this case but just driving my memory saying that 3898 03:09:41,069 --> 03:09:43,040 we did it. I've got to go back and 3899 03:09:43,040 --> 03:09:46,030 look at I don't think it was ever really specified in the I 3900 03:09:46,030 --> 03:09:47,040 know in the 200 3901 03:09:47,040 --> 03:09:51,489 notice it's sort of explicit on it's the most recent 3902 03:09:51,489 --> 03:09:52,440 municipal tax roll 3903 03:09:52,440 --> 03:09:57,440 approved municipal tax roll and that goes into account for 3904 03:09:57,440 --> 03:09:58,680 the super 3905 03:09:58,680 --> 03:10:03,620 majority we sort of go above and beyond that at the 500 3906 03:10:03,620 --> 03:10:05,280 sure what I'll do is 3907 03:10:05,280 --> 03:10:13,280 I'll get clarification on that report back and report back. 3908 03:10:13,280 --> 03:10:14,280 Thank you. Anyone else? 3909 03:10:14,280 --> 03:10:21,840 Can I just add one AE AE is the prior to AE a the a flood 3910 03:10:21,840 --> 03:10:23,040 zones are high risk and 3911 03:10:23,040 --> 03:10:27,049 prior to AE being enacted there used to be an a 1 through 3912 03:10:27,049 --> 03:10:28,559 30 and the number would 3913 03:10:28,559 --> 03:10:31,940 correspond with the base flood elevation now it's just AE 3914 03:10:31,940 --> 03:10:32,760 and then there's a 3915 03:10:32,760 --> 03:10:36,340 number assigned to see AE 7 which would mean 7 feet above 3916 03:10:36,340 --> 03:10:38,520 base flood is your 3917 03:10:38,520 --> 03:10:42,700 finish floor so that's that's what AE it's not like it 3918 03:10:42,700 --> 03:10:44,639 means really anything 3919 03:10:44,639 --> 03:10:53,200 I it's just yeah rest assured. Thank you for the 3920 03:10:53,200 --> 03:10:56,760 clarification and with that at 3921 03:10:56,760 --> 03:11:01,399 850 to or excuse me 847 I will close our meeting this 3922 03:11:01,399 --> 03:11:03,000 evening thank you everyone 3923 03:11:03,000 --> 03:11:06,159 for coming out good job