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for planning and zoning Commission it is 532 and we'll go

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ahead and start this

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the meeting has been duly posted we do have a quorum

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tonight and so we can jump

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right into the consent consent agenda does anyone have any

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questions of Haley

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for the one item on the consent agenda

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perfect we'll have Haley come up thanks right chair on the

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general notes of the

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plan number two it talks about I think it's the end of the

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first sentence is

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that that a portion of this property is within the non

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shaded zone X defined as

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there is determined to be outside the 0.2% and it says a

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portion of this

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property is within the shaded zone can you show us what

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they're talking about on

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the illustration there yes on the plant you can see they

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have called out the

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FEMA zone X okay different shadings here right so there is

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a floodplain floodplain

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ESA and riparian buffer all within the property within this

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easement right

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that's reflected here that's all they're talking about yes

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okay that's kind of

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fun just want to make sure thank you any other questions

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for Haley thank you

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that'll move us to the individual considerations and I will

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invite Cindy

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Jackson to speak about items the 1804 be

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thank you vice chair commissioners the Z 18 - 0 0 4 you

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remember this from our May

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9th meeting it's a request to rezone four parcels that you

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can see right here

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from the dr1 to the DCG district at the time of the meeting

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on May 9th the

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council excuse me the planning and zoning Commission

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actually had a tie

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vote for whether or not to deny this and then when there

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was a motion made to

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continue this there was a tie vote as well it was

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determined the applicant did

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have to come back and staff was instructed to investigate

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the possibility

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of an overlay district on the site and the applicant was

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instructed to hold the

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neighborhood meeting again just real quick zoning map here

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recap of the the

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meeting concerns expressed were the loss of affordable

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housing should this

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request be permitted the proposed exit on maple the maximum

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100 foot building

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height permitted in the DCG district the use is permitted

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within the DCG

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district and the lack of a neighborhood meeting with

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surrounding property owners

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the applicant has actually held two neighborhood meetings

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with one was

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lot one was yesterday afternoon and one was Wednesday night

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Commissioner Beck

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was at the one Wednesday we had small turnout however they

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were they were the

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people that spoke at the meeting actually on May 9th and

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residents that

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lived in the area or owned property adjacent to the proper

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to this site and

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the applicant did come up with acceptable alternate

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proposals which she

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will actually discuss later in the meeting in the in the

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actual meeting

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this tonight and staff had talked to the applicant

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regarding the possibility of

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an overlay which would restrict the height of the buildings

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to two stories

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and which would restrict the use to garden office no other

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use would be

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permitted in that zoning in that area so that is our

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recommendation the staff

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recommends approval of this request with the condition that

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the zoning overlay be

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placed on parcels with the following the building height

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shall not exceed two

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stories or 30 feet in height and the uses on the parcels

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shall be restricted

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to office use I do want to note that this will be only on

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the four parcels

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involved in this zoning it won't be on the entire access

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bank site which is

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already developed Commissioner Smith thank you vice chair

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Cindy when it comes to or I guess not really not Cindy

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Jerry when it comes to

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a denial if we if we vote to deny what ends up happening to

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the applicants

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request then there's a we talked about the last time in

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public but I want to be

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able to flush it out and work session just so we know as a

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commission what all

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options are there because if we deny they can't come back

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to this with the

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with a change to this area for a year correct what's the

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what's the I believe

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I believe it's something along those lines but the the the

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clearest issue is

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if it goes forward to City Council it triggers a super

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majority and then if it

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fails there then what happens with the ag right and so but

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you know there is a

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provision in sub chapter 3 where it talks about how long

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the the period is I

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don't know if you know it's one year from the day of denial

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unless they come

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up with this is substantially different request

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substantially different meaning

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if they so I know last time we were here the applicant or

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the representative for

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the applicant had you know brought up the idea that there

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was there's that

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northern parcel that they're wanting to do which is where a

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lot of the hot

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spots are within the Commission and talking about removing

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those it was the

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southeastern part of the southern southern parcel there

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that is a quick

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change they needed to make so they can connect the thing

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for like a drainage

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whatever it was so if we do an overall denial on this on

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this on this and it

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goes to City Council requires a majority and it fails there

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too they can't even

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come back and work on just that one parcel correct well

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that would be a

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substantial it's to me Jerry would have to make the

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determination that would be

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a substantially different request because of the fact it's

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just that one

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parcel on the corner okay okay that's all and I would

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rather not you know give a

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legal opinion on a hypothetical condition you know I'd

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rather reserve

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judgment on it until we see the actual fair but generally

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speaking I think

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ms. Jackson's okay I don't want hypothetical scenarios here

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by just just

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to know that when we make it denial what it actually means

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for the applicant

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whenever we're voting for it and if there is some ways that

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they can adjust

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from there to at least get something done on the property

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is better than sure

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knowing that we're you know shooting their legs off from

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underneath them for

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a year so okay Christian are back thank you vice-chair when

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you say it could go

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forward to the City Council even if it's a 3-3 would it

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still be a super

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majority required it depends on what the motion was that it

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went 3-3 3-3 is a

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failed motion so if the motion is a motion to approve you

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're just preserving

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the status quo if you have a motion to deny it fails on a 3

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-3 that preserves a

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status quo if but if you have a motion to deny that passes

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after an unsuccessful

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motion to approve then then that goes forward creates a

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super majority okay but

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the thing is 3-3 one way it can go to super majority

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another way not

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necessarily not none on 3-3 no 3-3 the the the the

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commission's failure to make

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a recommendation as a body it just keeps things as they are

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won't impact City

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Council's the City Council cannot go forward in lesser

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until they receive a

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recommendation okay one way or the other from this body got

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cha now other question

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for you that one little plot in that southeast corner there

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by itself is that

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something that can be built on or was did we talk about

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that being mainly a

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detention area or something like that right now it is a

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detention area it was

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a detention area based on in pretty completing improvements

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now that the

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improvements have been made they would like to fill in the

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detention pond and

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build on it okay and we could build because that is DCG

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they could build up

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to 100 feet is that more parking which would means they

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would have to come

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before you for an ADP okay okay you don't think they would

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consider putting

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the building or maybe a building with parking underneath

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they actually have a

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real parking situation going on there and they really need

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the new and that's

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what I was thinking if they built like a three-story

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structure the bottom level

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is parking yeah that might accommodate it that's just

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speculative anyway okay thank you

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Mr. Sullivan so back to the question regarding 3-3 ties and

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how that works

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since it was a 3-3 tie with a motion to deny right we're

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never gonna have a you

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know it's always gonna be a 3-3 unless one of the three

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changes the minds one

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right the other so why are we here I mean didn't that 3-3

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deny trigger either

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to go to the City Council for supermajority or have to wait

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a year or

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whatever it's not because somebody was absent it was

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because there was a

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recusal right and so I see that's only gonna change when

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either Commissioner

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Strange or Ellis or myself or or not reappointed or he

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comes off I think he's

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term-limited or something that's still gonna be the make-up

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right I understand

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but it cannot go to City Council unless and until this body

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makes a

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recommendation whether there's a recommendation to approve

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or a

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recommendation to deny one of the two it has to pass and

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then it goes forward to

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City Council and then it's just an issue of whether or not

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a super majority is

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required to overturn the recommendation of the spot so

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given the fact that it's

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a three it's only gonna be six members voting mm-hmm then

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there's always gonna

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be the possibility of time one way or the other correct so

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how is that

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resolved within the make-up because it's again not because

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of absence because of

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recusal I understand and that was a that was a conversation

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that I was having

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with the city attorney by email earlier today and what a

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lot of communities do

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is that they create a special rule for situations like that

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and there may be

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situations where say a Planning and Zoning Commission just

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is is confused or

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cannot you know reach one side or the other and what at

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least one authority

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recommended is to have a rule in place that council could

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establish by

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ordinance to to resolve that that one way of doing it be if

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if P&Z fails to

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bring forward a recommendation one way or the other that it

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's considered to be

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a denial of the case I don't know there are any cases on

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that but that is one

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thing that I've seen yes Scott just to answer the first

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part of your question

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what why did it come back and we it was tabled as a date

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certain so we're

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coming back to to this date the applicant of course was

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asked to do a

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couple of things by the Commission which was that of having

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the the public

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meetings and and to bring back whatever material so then

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the Commission could

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ultimately then consider whether or not they wanted to

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proceed forward and take

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a vote so based on that and to Jerry's point if it is a 3-3

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again it is a no

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action so if it's if it's approved then it'll go forward if

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it's if it's denied

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it will go forward require a super majority and a 3-3 is

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just going to keep

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it in limbo I will say that staff is going to propose

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language in the

272
00:12:57,200 --> 00:13:00,559
development code that these types of situations won't

273
00:13:00,559 --> 00:13:02,000
continue to the future

274
00:13:02,000 --> 00:13:05,190
so if we get into this situation that ultimately I'll go to

275
00:13:05,190 --> 00:13:06,679
council as a 3-3

276
00:13:06,679 --> 00:13:09,289
and they'll know what the congestion conditions are and

277
00:13:09,289 --> 00:13:10,440
council make the the

278
00:13:10,440 --> 00:13:13,799
ultimate decision on this well couple of points on that if

279
00:13:13,799 --> 00:13:14,080
I if I could

280
00:13:14,080 --> 00:13:17,580
interject one is it's not in limbo because the property

281
00:13:17,580 --> 00:13:18,519
under consideration

282
00:13:18,519 --> 00:13:23,539
has a zoning classification that exists so it's not in lim

283
00:13:23,539 --> 00:13:25,240
bo it's what was it

284
00:13:25,240 --> 00:13:30,799
residential or dr1 is what it is and and so you know the 3-

285
00:13:30,799 --> 00:13:33,159
3 the you know if

286
00:13:33,159 --> 00:13:36,889
there's no recommendation for this body it would remain dr1

287
00:13:36,889 --> 00:13:38,679
it's not really and

288
00:13:38,679 --> 00:13:44,370
truly a limbo situation but I the way that the zoning

289
00:13:44,370 --> 00:13:46,200
enabling act is written

290
00:13:46,200 --> 00:13:49,929
in in chapter 211 of the local government code I I don't

291
00:13:49,929 --> 00:13:51,240
think that we

292
00:13:51,240 --> 00:13:55,789
could legally pass anything on to City Council without a

293
00:13:55,789 --> 00:13:56,840
recommendation of this

294
00:13:56,840 --> 00:14:02,529
body one way or the other it would the the the proposal for

295
00:14:02,529 --> 00:14:04,639
a way around that

296
00:14:04,639 --> 00:14:10,440
would be one in which a 3-3 vote would result in to dial we

297
00:14:10,440 --> 00:14:11,159
got a lot

298
00:14:11,159 --> 00:14:14,519
Christmas Sanchez yeah I know Christian Smith and they'll

299
00:14:14,519 --> 00:14:15,480
get to the sauce

300
00:14:15,480 --> 00:14:23,559
thank you sure just to thank you for the 3-3 Cindy and I

301
00:14:23,559 --> 00:14:24,919
guess legal as well we

302
00:14:24,919 --> 00:14:28,519
were to make a recommend can we as a as a commission make a

303
00:14:28,519 --> 00:14:29,480
recommendation to

304
00:14:29,480 --> 00:14:34,210
exclude the consideration for a rezone on the northern

305
00:14:34,210 --> 00:14:36,000
parcel doesn't matter if

306
00:14:36,000 --> 00:14:37,909
they bring that they bring the land to us we have to vote

307
00:14:37,909 --> 00:14:38,559
on the land they

308
00:14:38,559 --> 00:14:41,200
brought to us we can't come in and say we can't we can't

309
00:14:41,200 --> 00:14:42,200
say hey we're gonna

310
00:14:42,200 --> 00:14:45,259
deny the northern part but we're gonna be we will approve a

311
00:14:45,259 --> 00:14:46,200
recommendation for

312
00:14:46,200 --> 00:14:49,309
the southern part and then have the recommendations that

313
00:14:49,309 --> 00:14:50,000
you put on to

314
00:14:50,000 --> 00:14:52,700
there we can't make that split game I'm not sure I won't

315
00:14:52,700 --> 00:14:54,279
defer to Jerry on that

316
00:14:54,279 --> 00:14:58,009
well I'm making a split of zoning classification yeah

317
00:14:58,009 --> 00:14:58,919
saying hey you're

318
00:14:58,919 --> 00:15:01,649
that's two separate parcels so I'm look the northern parcel

319
00:15:01,649 --> 00:15:02,679
we won't approve as

320
00:15:02,679 --> 00:15:07,350
DCG we will approve the zoning of this of the lower parcel

321
00:15:07,350 --> 00:15:08,879
of DCG and then

322
00:15:08,879 --> 00:15:12,610
with stacks that's recommendations for the conditions that

323
00:15:12,610 --> 00:15:13,440
there to our

324
00:15:13,440 --> 00:15:15,840
attached you know I think that you could make a

325
00:15:15,840 --> 00:15:17,559
recommendation there would be

326
00:15:17,559 --> 00:15:20,830
essentially a partial recommendation in action on the other

327
00:15:20,830 --> 00:15:21,720
or denial of the

328
00:15:21,720 --> 00:15:25,179
other and and so I think that you as long as the

329
00:15:25,179 --> 00:15:26,559
recommendation is more

330
00:15:26,559 --> 00:15:30,019
restrictive than the proposal that was brought forward in

331
00:15:30,019 --> 00:15:31,279
your public hearing

332
00:15:31,279 --> 00:15:34,769
and considered it's your public hearing then it can it

333
00:15:34,769 --> 00:15:36,759
probably could be done and

334
00:15:36,759 --> 00:15:40,429
it's not so radically different that it's not even the same

335
00:15:40,429 --> 00:15:41,080
case I don't want

336
00:15:41,080 --> 00:15:43,730
to pull that pull that arrow out of the quiver yeah we've

337
00:15:43,730 --> 00:15:44,559
confirmed that before

338
00:15:44,559 --> 00:15:50,600
we get the problem here is that you know you can't reopen a

339
00:15:50,600 --> 00:15:51,480
public hearing as

340
00:15:51,480 --> 00:15:54,570
this is currently posted the public hearing was closed and

341
00:15:54,570 --> 00:15:55,399
it's not posted

342
00:15:55,399 --> 00:15:59,220
for public hearing sure so it cannot be reopened if if

343
00:15:59,220 --> 00:16:01,399
there were a change to

344
00:16:01,399 --> 00:16:04,250
this such that a new public hearing would be required if it

345
00:16:04,250 --> 00:16:04,679
were that

346
00:16:04,679 --> 00:16:08,629
radical then you'd have to re-notice it and have a new

347
00:16:08,629 --> 00:16:10,320
hearing okay I don't

348
00:16:10,320 --> 00:16:12,799
think it's that radical but okay understood thank you

349
00:16:12,799 --> 00:16:17,460
Chris Ellis thank you thank you vice-chair okay so I'm

350
00:16:17,460 --> 00:16:18,519
still confused on

351
00:16:18,519 --> 00:16:21,769
I guess the discussion here no it's okay the issue is we

352
00:16:21,769 --> 00:16:24,080
had a 3-3 tie last time

353
00:16:24,080 --> 00:16:28,740
this was proposed both ways it was it because yes yes yes

354
00:16:28,740 --> 00:16:29,480
yes didn't reflect

355
00:16:29,480 --> 00:16:33,269
that there was a motion to approve there was not a motion I

356
00:16:33,269 --> 00:16:33,440
apologize

357
00:16:33,440 --> 00:16:37,159
motion to table yeah right I believe that's correct okay

358
00:16:37,159 --> 00:16:38,120
because it seemed

359
00:16:38,120 --> 00:16:41,679
like the recommendation from legal was to table it because

360
00:16:41,679 --> 00:16:43,360
it was a 3-3 tie so

361
00:16:43,360 --> 00:16:49,230
what you're saying now is if if it's a 3-3 denial and never

362
00:16:49,230 --> 00:16:51,000
is a vote to approve

363
00:16:51,000 --> 00:16:56,399
it's tabled again it's not table it's just stays in the

364
00:16:56,399 --> 00:16:57,039
same zoning

365
00:16:57,039 --> 00:17:01,759
classification oh okay so then it so the legal advice has

366
00:17:01,759 --> 00:17:02,840
changed that's what I'm

367
00:17:02,840 --> 00:17:06,440
trying well I'm sorry you're asking about legal advice I

368
00:17:06,440 --> 00:17:07,680
what is what do you

369
00:17:07,680 --> 00:17:12,210
ask me for legal advice on okay last meeting we had a

370
00:17:12,210 --> 00:17:14,319
recess because we

371
00:17:14,319 --> 00:17:17,690
weren't really quite sure where the item right was at that

372
00:17:17,690 --> 00:17:18,960
time because it was a

373
00:17:18,960 --> 00:17:25,970
3-3 tie there was a vote to table that was denied there was

374
00:17:25,970 --> 00:17:26,880
a vote for denial

375
00:17:26,880 --> 00:17:33,829
that also did not pass the item got tabled I'm confused

376
00:17:33,829 --> 00:17:35,559
okay well the the

377
00:17:35,559 --> 00:17:39,759
legal if I don't want to second-guess the legal advice you

378
00:17:39,759 --> 00:17:40,759
got before it

379
00:17:40,759 --> 00:17:45,289
because one of the reasons for that is that it's consistent

380
00:17:45,289 --> 00:17:46,480
with a rule that

381
00:17:46,480 --> 00:17:52,519
the council set up that applies in to City Council meetings

382
00:17:52,519 --> 00:17:54,079
but those same

383
00:17:54,079 --> 00:18:01,769
rules are also put upon the various boards of Commission by

384
00:18:01,769 --> 00:18:03,480
by the same

385
00:18:03,480 --> 00:18:05,880
rules it says the boards of Commission's must follow the

386
00:18:05,880 --> 00:18:06,839
same rules of the City

387
00:18:06,839 --> 00:18:10,089
Council the thing is that City Council rule is not a

388
00:18:10,089 --> 00:18:11,720
particularly good rule in

389
00:18:11,720 --> 00:18:18,119
this particular case because it says that if you get a 3-3

390
00:18:18,119 --> 00:18:19,880
or a tie vote of

391
00:18:19,880 --> 00:18:23,160
one kind or another is automatically put on the next

392
00:18:23,160 --> 00:18:25,839
available agenda but the

393
00:18:25,839 --> 00:18:28,940
assumption in that if you read the entirety of the rule the

394
00:18:28,940 --> 00:18:29,799
assumption is

395
00:18:29,799 --> 00:18:35,519
that it tied because of an absence and it says that that

396
00:18:35,519 --> 00:18:37,119
brought back to some

397
00:18:37,119 --> 00:18:40,240
time when you can have the entire council vote on it it

398
00:18:40,240 --> 00:18:41,480
doesn't consider

399
00:18:41,480 --> 00:18:47,329
the case of this the specific case of when a P&Z or some

400
00:18:47,329 --> 00:18:48,960
other body reaches a

401
00:18:48,960 --> 00:18:56,140
3-3 tie so you know I think that as written it did apply in

402
00:18:56,140 --> 00:18:57,519
that situation

403
00:18:57,519 --> 00:19:02,359
but it was probably not intended to apply in that situation

404
00:19:02,359 --> 00:19:04,640
if that's I read

405
00:19:04,640 --> 00:19:07,779
it in its entire multiple times so I understand how I

406
00:19:07,779 --> 00:19:09,119
understand what its

407
00:19:09,119 --> 00:19:12,809
intent is and yet the intent was not what we used it for in

408
00:19:12,809 --> 00:19:14,519
my opinion but

409
00:19:14,519 --> 00:19:19,049
what I'm trying to understand is where we are at this

410
00:19:19,049 --> 00:19:20,680
moment so if we were in

411
00:19:20,680 --> 00:19:27,480
that situation where it's a 3-3 tied to the 9 and it never

412
00:19:27,480 --> 00:19:28,839
there's never a

413
00:19:28,839 --> 00:19:35,839
motion to approve where where is the item it does it go

414
00:19:35,839 --> 00:19:36,880
away forward to City

415
00:19:36,880 --> 00:19:40,400
Council it cannot go forward to City Council I understand

416
00:19:40,400 --> 00:19:41,519
that so it does so

417
00:19:41,519 --> 00:19:44,930
you know the applicant can decide whether to go in a

418
00:19:44,930 --> 00:19:48,720
different direction or to

419
00:19:48,720 --> 00:19:53,069
to impose conditions or something of that nature something

420
00:19:53,069 --> 00:19:53,880
is going may have

421
00:19:53,880 --> 00:19:58,400
to change in order to break that impasse and that's going

422
00:19:58,400 --> 00:19:59,920
to be up to there's

423
00:19:59,920 --> 00:20:02,109
going to be the applicant involved in that there's going to

424
00:20:02,109 --> 00:20:03,119
be staff involved

425
00:20:03,119 --> 00:20:05,079
in that there's going to be feedback from the Commission

426
00:20:05,079 --> 00:20:05,799
that's going to be

427
00:20:05,799 --> 00:20:08,920
involved in that and between the three of them something's

428
00:20:08,920 --> 00:20:09,599
got to have to

429
00:20:09,599 --> 00:20:13,180
change in order to break that impasse or it's just not

430
00:20:13,180 --> 00:20:14,640
going to go forward the

431
00:20:14,640 --> 00:20:18,500
property is going to remain zoned as is. If I could

432
00:20:18,500 --> 00:20:20,640
interject that is exactly

433
00:20:20,640 --> 00:20:25,519
what happened the staff has a different recommendation now

434
00:20:25,519 --> 00:20:26,480
the applicant

435
00:20:26,480 --> 00:20:29,539
followed through on the instructions that the Commission

436
00:20:29,539 --> 00:20:31,720
gave gave to her

437
00:20:31,720 --> 00:20:35,710
when it was determined that it was going to be 3-3 no

438
00:20:35,710 --> 00:20:37,259
matter what we did the

439
00:20:37,259 --> 00:20:40,779
motion was going to fail and she's come back she's coming

440
00:20:40,779 --> 00:20:42,039
back tonight and she

441
00:20:42,039 --> 00:20:46,579
has agreed to the overlay conditions which is what is

442
00:20:46,579 --> 00:20:48,079
different about this

443
00:20:48,079 --> 00:20:51,299
request and she has had the neighborhood meetings and she

444
00:20:51,299 --> 00:20:52,640
is going to talk about

445
00:20:52,640 --> 00:20:55,039
the result of those neighborhood meetings when she makes

446
00:20:55,039 --> 00:20:57,480
her presentation.

447
00:20:57,480 --> 00:21:02,240
Thank you and I understand that and appreciate it and I

448
00:21:02,240 --> 00:21:03,200
think where I'm just

449
00:21:03,200 --> 00:21:06,930
confused and is that we were we were able we denied a table

450
00:21:06,930 --> 00:21:08,160
and we were able

451
00:21:08,160 --> 00:21:13,089
to table it and and so I hope that do you understand what I

452
00:21:13,089 --> 00:21:13,519
'm saying? No I

453
00:21:13,519 --> 00:21:15,980
understand what you're saying. And now what you're saying

454
00:21:15,980 --> 00:21:16,960
is that that couldn't happen

455
00:21:16,960 --> 00:21:21,160
today after your discussion. Well I'm not saying it couldn

456
00:21:21,160 --> 00:21:22,319
't happen today I think

457
00:21:22,319 --> 00:21:26,920
that the that the advice that you got was competent advice

458
00:21:26,920 --> 00:21:28,400
that you you could

459
00:21:28,400 --> 00:21:32,559
have have applied the rule in that fashion and and it

460
00:21:32,559 --> 00:21:33,759
appeared from my

461
00:21:33,759 --> 00:21:37,410
readings of the minutes that that there was some sort of

462
00:21:37,410 --> 00:21:38,880
agreement whether it

463
00:21:38,880 --> 00:21:43,400
was tacit or what have you to effectively table it till

464
00:21:43,400 --> 00:21:44,160
tonight if I

465
00:21:44,160 --> 00:21:48,680
misread the minutes then you know I wasn't there but that

466
00:21:48,680 --> 00:21:49,799
was at least the

467
00:21:49,799 --> 00:21:52,930
reaction that I got from it it was that there was some

468
00:21:52,930 --> 00:21:54,359
consensus to bring it

469
00:21:54,359 --> 00:21:57,980
back tonight. Okay and so just so I understand it and those

470
00:21:57,980 --> 00:21:58,640
watching

471
00:21:58,640 --> 00:22:03,819
understand if we had the same 3-3 tie to deny and we had

472
00:22:03,819 --> 00:22:06,119
the same 3-3 tie not to

473
00:22:06,119 --> 00:22:12,700
table where is legal's decision on that? What I'm telling

474
00:22:12,700 --> 00:22:14,559
you is that it cannot

475
00:22:14,559 --> 00:22:17,930
go forward to City Council there are a number of things

476
00:22:17,930 --> 00:22:20,799
that can happen for a

477
00:22:20,799 --> 00:22:26,500
you know for the staff and the applicant and the Commission

478
00:22:26,500 --> 00:22:27,119
to get

479
00:22:27,119 --> 00:22:30,769
together and decide to go after it another way. There is no

480
00:22:30,769 --> 00:22:31,759
automatic rule

481
00:22:31,759 --> 00:22:37,279
that is going to apply that rescues that situation. Okay I

482
00:22:37,279 --> 00:22:38,680
appreciate that. You bet.

483
00:22:38,680 --> 00:22:42,829
My hope is that this gets talked about further so this

484
00:22:42,829 --> 00:22:43,680
doesn't happen again

485
00:22:43,680 --> 00:22:46,740
this confusion does not happen again this is not good for

486
00:22:46,740 --> 00:22:47,240
anybody.

487
00:22:47,240 --> 00:22:51,319
Commissioner Smith. Thank you Vice Chair. Scott did you

488
00:22:51,319 --> 00:22:51,880
have something you need to say?

489
00:22:51,880 --> 00:22:58,200
If I could I think that what Jerry's trying to say is that

490
00:22:58,200 --> 00:22:58,640
if it

491
00:22:58,640 --> 00:23:03,720
goes to a tie-tie nothing happens it stays DR 1 so and

492
00:23:03,720 --> 00:23:05,039
allows the applicant

493
00:23:05,039 --> 00:23:08,769
to continue to work on their application making sure that

494
00:23:08,769 --> 00:23:10,160
it's changed it comes

495
00:23:10,160 --> 00:23:12,769
work works with city staff to then bring back new

496
00:23:12,769 --> 00:23:14,039
amendments just like they did

497
00:23:14,039 --> 00:23:16,829
this last time it wasn't necessarily that there was a tie-t

498
00:23:16,829 --> 00:23:17,680
ie vote and then

499
00:23:17,680 --> 00:23:19,990
legal came back and said all right well our motion to the

500
00:23:19,990 --> 00:23:20,920
table even though it

501
00:23:20,920 --> 00:23:24,670
failed is now approved because we say so what it was what

502
00:23:24,670 --> 00:23:26,160
it was was that was

503
00:23:26,160 --> 00:23:29,519
that because there's a tie-tie no action can be taken

504
00:23:29,519 --> 00:23:31,039
therefore no action will be

505
00:23:31,039 --> 00:23:34,259
done and so now the applicant has to come back with a brand

506
00:23:34,259 --> 00:23:35,000
with brand new

507
00:23:35,000 --> 00:23:37,670
recommendations for it to be a different that she could not

508
00:23:37,670 --> 00:23:38,839
come back in today

509
00:23:38,839 --> 00:23:42,200
with the exact same application she walked in with last

510
00:23:42,200 --> 00:23:43,359
time if she did it

511
00:23:43,359 --> 00:23:46,119
would there would be there would have been not non-action

512
00:23:46,119 --> 00:23:47,039
and so if I'm right

513
00:23:47,039 --> 00:23:49,650
she came you guys did have something there is a new

514
00:23:49,650 --> 00:23:50,839
application with staff

515
00:23:50,839 --> 00:23:53,450
recommendations that weren't here before us last time with

516
00:23:53,450 --> 00:23:54,359
action that was taken

517
00:23:54,359 --> 00:23:56,680
by the applicant that wasn't taken last time and then if

518
00:23:56,680 --> 00:23:57,799
tonight if there's still

519
00:23:57,799 --> 00:24:00,890
a tie-tie there's gonna have to be more action that's gonna

520
00:24:00,890 --> 00:24:01,319
be taken by the

521
00:24:01,319 --> 00:24:03,190
applicant there's got to be more changes that can be made

522
00:24:03,190 --> 00:24:03,960
to the application

523
00:24:03,960 --> 00:24:06,119
there's probably be new recommendations from the city staff

524
00:24:06,119 --> 00:24:08,039
and so a tie-tie vote

525
00:24:08,039 --> 00:24:12,359
means in action it means no zoning changes nothing happens

526
00:24:12,359 --> 00:24:13,000
city council

527
00:24:13,000 --> 00:24:15,839
doesn't see this and the applicant has to keep on trying so

528
00:24:15,839 --> 00:24:17,160
we as gatekeepers

529
00:24:17,160 --> 00:24:20,890
to the city as planning his own in Commission get to do our

530
00:24:20,890 --> 00:24:21,880
job to make

531
00:24:21,880 --> 00:24:23,759
sure you know what this is a Commission don't feel

532
00:24:23,759 --> 00:24:24,839
comfortable with this right

533
00:24:24,839 --> 00:24:29,390
yet right now so a tie-tie means you go and you keep on

534
00:24:29,390 --> 00:24:30,519
trying and keep on

535
00:24:30,519 --> 00:24:33,579
bringing us something back and until we as a Commission can

536
00:24:33,579 --> 00:24:34,200
finally make a

537
00:24:34,200 --> 00:24:36,140
recommendation to the City Council that we have in a

538
00:24:36,140 --> 00:24:36,960
majority that we're

539
00:24:36,960 --> 00:24:41,079
comfortable with then that is the only time we can do that

540
00:24:41,079 --> 00:24:46,490
Scott just just one point I think of clarity to that that

541
00:24:46,490 --> 00:24:47,559
and Jerry you can

542
00:24:47,559 --> 00:24:51,309
correct me if I'm wrong the three three doesn't require

543
00:24:51,309 --> 00:24:53,839
them to make changes the

544
00:24:53,839 --> 00:24:57,559
three three you are a hundred percent action in action and

545
00:24:57,559 --> 00:24:58,720
and then how it's

546
00:24:58,720 --> 00:25:02,950
written by rule for us here in Denton is that it comes back

547
00:25:02,950 --> 00:25:04,440
to the next full

548
00:25:04,440 --> 00:25:08,890
Commission meeting so when I made the statement of in limbo

549
00:25:08,890 --> 00:25:10,119
it's in limbo for

550
00:25:10,119 --> 00:25:13,849
any period of time the property remains in its current use

551
00:25:13,849 --> 00:25:14,880
and fashion the

552
00:25:14,880 --> 00:25:19,400
application stays in limbo essentially until there is a

553
00:25:19,400 --> 00:25:20,759
full board to vote on

554
00:25:20,759 --> 00:25:24,849
it because there wouldn't be a tie so so in essence it is

555
00:25:24,849 --> 00:25:26,480
that and it's the same

556
00:25:26,480 --> 00:25:31,119
for and correct me if I'm wrong three up three down it is

557
00:25:31,119 --> 00:25:33,480
the same it's the same

558
00:25:33,480 --> 00:25:38,119
in action the applicant can choose to come back with

559
00:25:38,119 --> 00:25:39,519
something to make it more

560
00:25:39,519 --> 00:25:43,250
palatable one way or the other and and I just wanted to

561
00:25:43,250 --> 00:25:44,559
draw that point of

562
00:25:44,559 --> 00:25:49,470
clarity and if I may that I hate to do this because for the

563
00:25:49,470 --> 00:25:50,400
most part I agree

564
00:25:50,400 --> 00:25:53,839
with what you said there's only one little hair that I have

565
00:25:53,839 --> 00:25:55,039
to split and

566
00:25:55,039 --> 00:25:57,650
that is when you said that they come back with a new

567
00:25:57,650 --> 00:25:59,519
application it cannot be

568
00:25:59,519 --> 00:26:03,390
a new application because the public area was closed to

569
00:26:03,390 --> 00:26:04,119
their current and if

570
00:26:04,119 --> 00:26:08,079
it yeah if it were a new application we would have to we'd

571
00:26:08,079 --> 00:26:09,200
have to re-notice it

572
00:26:09,200 --> 00:26:12,000
because we would require a new public here semantics I

573
00:26:12,000 --> 00:26:12,920
apologize that's okay

574
00:26:12,920 --> 00:26:16,279
that's okay that's what I get paid for so I apologize to

575
00:26:16,279 --> 00:26:17,839
you sure else thank

576
00:26:17,839 --> 00:26:21,359
you vice-chair and just for clarity with with something

577
00:26:21,359 --> 00:26:22,200
Commissioner Smith said

578
00:26:22,200 --> 00:26:25,089
the applicant is not required to bring something back

579
00:26:25,089 --> 00:26:26,599
different it was just a

580
00:26:26,599 --> 00:26:31,529
tabled item could have been the exact same package and as

581
00:26:31,529 --> 00:26:32,880
it was correct

582
00:26:32,880 --> 00:26:37,730
here Sullivan my problem with all of this is that we gave

583
00:26:37,730 --> 00:26:39,519
three suggestions

584
00:26:39,519 --> 00:26:45,440
one was the meeting which they did four weeks later and

585
00:26:45,440 --> 00:26:47,920
this week which I don't

586
00:26:47,920 --> 00:26:51,279
understand what happened to the other the first three or

587
00:26:51,279 --> 00:26:52,640
four weeks and they

588
00:26:52,640 --> 00:26:54,990
also had an option of separating it out which is what

589
00:26:54,990 --> 00:26:56,359
Commissioner Smith has been

590
00:26:56,359 --> 00:27:01,809
saying so that we just deal with the set the southern part

591
00:27:01,809 --> 00:27:01,839
they didn't do that

592
00:27:01,839 --> 00:27:05,470
instead they came back with this overlay idea which we

593
00:27:05,470 --> 00:27:07,079
spent I don't know maybe

594
00:27:07,079 --> 00:27:12,339
an hour discussing a few months ago all the trials and trib

595
00:27:12,339 --> 00:27:13,480
ulations and the bad

596
00:27:13,480 --> 00:27:19,799
things about overlays going what's the problem here you

597
00:27:19,799 --> 00:27:21,359
know if it's a 3-3

598
00:27:21,359 --> 00:27:25,029
denial then come back with something substantially

599
00:27:25,029 --> 00:27:28,480
different that you know is

600
00:27:28,480 --> 00:27:31,980
not more of the same and that's that's where I'm frustrated

601
00:27:31,980 --> 00:27:32,839
on this whole

602
00:27:32,839 --> 00:27:38,910
process so you know I guess we'll see what happens but I'm

603
00:27:38,910 --> 00:27:39,960
gonna chime in one

604
00:27:39,960 --> 00:27:44,589
question just as my brains kind of percolating here what is

605
00:27:44,589 --> 00:27:46,160
the actual vote

606
00:27:46,160 --> 00:27:51,009
for supermajority and council only one can oppose so it's a

607
00:27:51,009 --> 00:27:56,200
6-1 with a full okay

608
00:27:56,200 --> 00:27:59,259
any other questions on this item we are you know the

609
00:27:59,259 --> 00:28:00,440
presentation I know we

610
00:28:00,440 --> 00:28:03,710
jumped in clarification sister six one sorry thank you best

611
00:28:03,710 --> 00:28:04,680
chair six one if

612
00:28:04,680 --> 00:28:07,079
there's not a full commission or not not a full council

613
00:28:07,079 --> 00:28:08,839
they have to wait until

614
00:28:08,839 --> 00:28:11,599
there is a full council for that be a supermajority or is

615
00:28:11,599 --> 00:28:12,640
it a one recusal or

616
00:28:12,640 --> 00:28:16,369
what one one no and it could be a five one or four one I've

617
00:28:16,369 --> 00:28:17,440
seen it five one

618
00:28:17,440 --> 00:28:21,400
before I don't know how low it can go here if you want to

619
00:28:21,400 --> 00:28:22,759
know the way that the

620
00:28:22,759 --> 00:28:26,400
the statutes written it's a three-quarter vote but it's it

621
00:28:26,400 --> 00:28:27,000
's based

622
00:28:27,000 --> 00:28:31,750
upon the number of council members in s which is a Latin

623
00:28:31,750 --> 00:28:33,000
legal term that

624
00:28:33,000 --> 00:28:37,529
basically means that unless they are disqualified from

625
00:28:37,529 --> 00:28:39,200
being from serving as

626
00:28:39,200 --> 00:28:44,240
city council members in that particular vote so if you had

627
00:28:44,240 --> 00:28:45,000
a situation like

628
00:28:45,000 --> 00:28:48,400
Commissioner strange if he were on City Council at the time

629
00:28:48,400 --> 00:28:49,640
that it would change

630
00:28:49,640 --> 00:28:52,869
that and then you'd recalculate based upon you know the

631
00:28:52,869 --> 00:28:54,200
number of people who

632
00:28:54,200 --> 00:28:57,720
are qualified to vote irrespective of how many are actually

633
00:28:57,720 --> 00:28:59,200
present and that's

634
00:28:59,200 --> 00:29:03,039
what would require it would be

635
00:29:04,920 --> 00:29:11,920
thank you Cindy thank you the next item is for Ron it's

636
00:29:11,920 --> 00:29:16,720
item 4b it's an ADP

637
00:29:19,640 --> 00:29:28,180
thank you vice chair members of the Commission this request

638
00:29:28,180 --> 00:29:29,279
is for a

639
00:29:29,279 --> 00:29:32,420
property located on Bonnie Bray north Bonnie Bray the

640
00:29:32,420 --> 00:29:35,079
general location is just

641
00:29:35,079 --> 00:29:38,640
south of Emory approximately 200 feet properties

642
00:29:38,640 --> 00:29:40,720
approximately four point sorry

643
00:29:40,720 --> 00:29:45,880
point four seven one acres zone NRMU 12 the applicant is

644
00:29:45,880 --> 00:29:47,079
requesting an

645
00:29:47,079 --> 00:29:51,720
alternative element plan to develop and construct a medical

646
00:29:51,720 --> 00:29:53,039
office building

647
00:29:53,039 --> 00:29:57,859
however through their design they are not able to meet all

648
00:29:57,859 --> 00:29:59,039
of the design

649
00:29:59,039 --> 00:30:02,730
standards which is located in sub chapter 13 of the

650
00:30:02,730 --> 00:30:04,000
development code

651
00:30:04,000 --> 00:30:08,549
they're proposing to deviate from the following four

652
00:30:08,549 --> 00:30:10,160
sections of the DDC

653
00:30:10,160 --> 00:30:13,920
regarding buffer requirements parking requirements parking

654
00:30:13,920 --> 00:30:15,079
lot landscaping and

655
00:30:15,079 --> 00:30:21,450
screening as well as street tree requirements the first one

656
00:30:21,450 --> 00:30:22,519
is the buffer

657
00:30:22,519 --> 00:30:27,039
requirements per the DDC the applicant is required to

658
00:30:27,039 --> 00:30:28,799
provide a type C buffer

659
00:30:28,799 --> 00:30:33,799
because the use a medical office is adjacent to residential

660
00:30:33,799 --> 00:30:34,880
which is to the

661
00:30:34,880 --> 00:30:42,519
east that requirement is 10 trees with 43 shrubs the the

662
00:30:42,519 --> 00:30:43,799
reason they are not

663
00:30:43,799 --> 00:30:48,029
able to put all of the required buffer is because it's an

664
00:30:48,029 --> 00:30:49,559
easement in the back

665
00:30:49,559 --> 00:30:55,039
of the property however as part of their proposal they're

666
00:30:55,039 --> 00:30:57,200
proposing to add three

667
00:30:57,200 --> 00:31:01,299
I'm sorry five trees into the easement area shown here so

668
00:31:01,299 --> 00:31:02,440
again they're

669
00:31:02,440 --> 00:31:06,309
required ten with shrubs they're not able to because of the

670
00:31:06,309 --> 00:31:07,559
easement they're

671
00:31:07,559 --> 00:31:13,049
proposing five which these five trees are within the DME's

672
00:31:13,049 --> 00:31:14,579
acceptable tree

673
00:31:14,579 --> 00:31:18,609
list so that is what they're proposing and also their their

674
00:31:18,609 --> 00:31:19,519
comment is also

675
00:31:19,519 --> 00:31:23,250
that the structure of the building is proposed to be in a

676
00:31:23,250 --> 00:31:24,880
residential scale I

677
00:31:24,880 --> 00:31:28,240
believe it's 30 feet tall at its max and and they're

678
00:31:28,240 --> 00:31:29,680
willing to consent to that

679
00:31:29,680 --> 00:31:33,980
so there will not be any building greater than that built

680
00:31:33,980 --> 00:31:34,000
here

681
00:31:34,000 --> 00:31:37,359
Commissioner Smith Ron is that five trees and the 43 shrubs

682
00:31:37,359 --> 00:31:39,400
or five five trees and

683
00:31:39,400 --> 00:31:42,440
that's it my understanding is just the five threes trees

684
00:31:42,440 --> 00:31:47,200
Commissioner Ellis thank you vice-chair Ron there's a

685
00:31:47,200 --> 00:31:48,400
couple houses behind there

686
00:31:48,400 --> 00:31:52,130
mm-hmm so is it just the residential fence and then these

687
00:31:52,130 --> 00:31:53,440
trees is that the

688
00:31:53,440 --> 00:31:58,759
only I believe there's a fence in an alley yeah I believe

689
00:31:58,759 --> 00:31:59,740
so and then the

690
00:31:59,740 --> 00:32:04,259
house so there's just a little bit more of an area between

691
00:32:04,259 --> 00:32:05,759
the two uses thanks

692
00:32:05,759 --> 00:32:08,599
Christian back thank you back sure I went over and looked

693
00:32:08,599 --> 00:32:09,480
at it it's more like a

694
00:32:09,480 --> 00:32:14,029
swell okay okay so it's separated and there are privacy

695
00:32:14,029 --> 00:32:16,519
fences on those houses

696
00:32:16,519 --> 00:32:20,509
on Stanley I'm just noticing something though that I don't

697
00:32:20,509 --> 00:32:22,240
know I didn't catch

698
00:32:22,240 --> 00:32:25,740
while I was looking over there's a house on this tract of

699
00:32:25,740 --> 00:32:26,880
land correct correct

700
00:32:26,880 --> 00:32:33,420
her yes yeah it's gonna be removed correct okay and then it

701
00:32:33,420 --> 00:32:34,920
talks about

702
00:32:34,920 --> 00:32:38,420
what you want to do the proposed parking situation is you

703
00:32:38,420 --> 00:32:39,720
will put one row of

704
00:32:39,720 --> 00:32:44,940
parking in front okay and that'll include the area where

705
00:32:44,940 --> 00:32:45,920
the house is from

706
00:32:45,920 --> 00:32:49,920
that from that in from I guess it'd be north to south and

707
00:32:49,920 --> 00:32:52,079
one row of parking is

708
00:32:52,079 --> 00:32:55,440
that right yes yes along by brain yes how many parking

709
00:32:55,440 --> 00:32:56,200
spaces are we talking

710
00:32:56,200 --> 00:33:01,400
about once he's along the front I think five five or six

711
00:33:01,400 --> 00:33:02,640
and actually really

712
00:33:02,640 --> 00:33:08,079
that's all one two three or five and then there's parking

713
00:33:08,079 --> 00:33:09,519
on the side okay

714
00:33:09,519 --> 00:33:13,250
that's gonna be added parking as part of this development

715
00:33:13,250 --> 00:33:15,160
correct with me yes

716
00:33:15,160 --> 00:33:18,220
and that's gonna butt right up against that parking lot

717
00:33:18,220 --> 00:33:19,279
next next to it right

718
00:33:19,279 --> 00:33:23,740
to the south yes yes apologize it's been would it be a

719
00:33:23,740 --> 00:33:24,960
share yes there's parking

720
00:33:24,960 --> 00:33:27,740
to decide would it be a shared thing or is there gonna be a

721
00:33:27,740 --> 00:33:28,440
little curb or

722
00:33:28,440 --> 00:33:31,329
something separating it too I'm not sure what the design

723
00:33:31,329 --> 00:33:31,980
will be the

724
00:33:31,980 --> 00:33:34,589
applicant is here and can answer that question during the

725
00:33:34,589 --> 00:33:35,440
public okay okay

726
00:33:35,440 --> 00:33:38,480
during the regular meeting okay very good thank you okay

727
00:33:38,480 --> 00:33:43,880
Mr. Sullivan I'm curious how far does that easement go

728
00:33:43,880 --> 00:33:44,960
because I'm looking at

729
00:33:44,960 --> 00:33:49,480
here on Google Maps I'm seeing all kinds of trees on the

730
00:33:49,480 --> 00:33:50,640
backside of all of those

731
00:33:50,640 --> 00:33:55,170
my understanding it's the full length of this what's what's

732
00:33:55,170 --> 00:33:56,079
preventing them from

733
00:33:56,079 --> 00:34:02,400
putting more than five trees in that area first I mean they

734
00:34:02,400 --> 00:34:03,279
put five they can

735
00:34:03,279 --> 00:34:06,339
put eight that's well that's question you can ask the

736
00:34:06,339 --> 00:34:06,960
applicant but that's

737
00:34:06,960 --> 00:34:09,570
what they're proposing there's no there's no restriction

738
00:34:09,570 --> 00:34:10,320
because it's an

739
00:34:10,320 --> 00:34:14,250
easement crazy just a restriction that they don't want to

740
00:34:14,250 --> 00:34:15,440
follow through with

741
00:34:15,440 --> 00:34:19,590
is that my understanding is that it's an easement and DME

742
00:34:19,590 --> 00:34:21,280
is accepting certain

743
00:34:21,280 --> 00:34:25,280
trees they can certainly put ten if that's you know

744
00:34:25,280 --> 00:34:26,039
something that so they

745
00:34:26,039 --> 00:34:29,079
could meet the code correct and that's why they're doing

746
00:34:29,079 --> 00:34:30,400
the ADP and that's

747
00:34:30,400 --> 00:34:33,039
one of the items I'm just saying so they could it's just

748
00:34:33,039 --> 00:34:34,280
that they choose not to

749
00:34:34,280 --> 00:34:37,000
want to do it that way that's a fair assessment yes okay

750
00:34:37,000 --> 00:34:38,300
that's fine and then

751
00:34:38,300 --> 00:34:42,030
the parking to the south that's somebody else's property

752
00:34:42,030 --> 00:34:44,239
correct correct yeah do

753
00:34:44,239 --> 00:34:47,030
we know if they already have an agreement with those people

754
00:34:47,030 --> 00:34:47,599
to use that

755
00:34:47,599 --> 00:34:50,820
parking they have they have stated that they are working

756
00:34:50,820 --> 00:34:51,719
towards an agreement

757
00:34:51,719 --> 00:34:54,110
and yes and that's something that when they come for a

758
00:34:54,110 --> 00:34:55,360
billing permit that's

759
00:34:55,360 --> 00:34:57,380
something that they would have to provide the city and

760
00:34:57,380 --> 00:34:58,000
record with the

761
00:34:58,000 --> 00:35:00,780
county to make sure that that parking is always part of

762
00:35:00,780 --> 00:35:02,239
this development got you

763
00:35:02,239 --> 00:35:04,639
thank you

764
00:35:06,599 --> 00:35:11,800
so the second is parking requirements the code basically

765
00:35:11,800 --> 00:35:13,320
requires that there

766
00:35:13,320 --> 00:35:17,840
be no parking in front of the building they are proposing

767
00:35:17,840 --> 00:35:19,119
one row of parking

768
00:35:19,119 --> 00:35:24,360
along the front and again I want to say one two three four

769
00:35:24,360 --> 00:35:26,039
five is proposed and

770
00:35:26,039 --> 00:35:29,880
then the remaining are on the side as well as with an

771
00:35:29,880 --> 00:35:31,559
agreement to the south

772
00:35:31,559 --> 00:35:36,110
of the property to mitigate that deviation they're

773
00:35:36,110 --> 00:35:37,800
proposing a planting

774
00:35:37,800 --> 00:35:43,539
of eight trees along the front which you see here three

775
00:35:43,539 --> 00:35:45,400
within again another

776
00:35:45,400 --> 00:35:50,389
easement that D me has and three between the property and

777
00:35:50,389 --> 00:35:52,840
the road which is here

778
00:35:52,840 --> 00:35:57,639
along Bonnie and Bray they are also proposing tall grasses

779
00:35:57,639 --> 00:35:58,760
and shrubs shown

780
00:35:58,760 --> 00:36:01,170
here in the yellow again to help screen some of that

781
00:36:01,170 --> 00:36:02,519
parking that's going to be

782
00:36:02,519 --> 00:36:10,519
along Bonnie bright Fisher Sullivan I noticed that the

783
00:36:10,519 --> 00:36:12,199
property thank you for

784
00:36:12,199 --> 00:36:17,159
us here the property to the south has parking in the front

785
00:36:17,159 --> 00:36:18,679
correct and the

786
00:36:18,679 --> 00:36:23,590
property to the north has parking in the front correct so

787
00:36:23,590 --> 00:36:25,559
why does this require

788
00:36:25,559 --> 00:36:30,079
why does this one lot require parking in the back those

789
00:36:30,079 --> 00:36:31,320
properties were developed

790
00:36:31,320 --> 00:36:36,389
prior to the development code back in 2002 which requires

791
00:36:36,389 --> 00:36:37,800
parking to be in the

792
00:36:37,800 --> 00:36:44,119
rear or side so there is a change in 2002 okay so thank you

793
00:36:44,119 --> 00:36:45,320
those are good

794
00:36:45,320 --> 00:36:49,639
questions next

795
00:36:50,599 --> 00:36:54,690
next is the the screening requirements for where parking in

796
00:36:54,690 --> 00:36:55,880
front is allowed

797
00:36:55,880 --> 00:37:01,570
there's a slew of requirements that's required the 15 foot

798
00:37:01,570 --> 00:37:02,599
separation or

799
00:37:02,599 --> 00:37:08,630
landscape area a tree within every 40 feet so they're

800
00:37:08,630 --> 00:37:10,599
proposing to as shown

801
00:37:10,599 --> 00:37:15,400
again from the prior landscaping with tall trees I'm sorry

802
00:37:15,400 --> 00:37:16,920
tall grasses trees

803
00:37:16,920 --> 00:37:21,800
as well as shrubs along the front it does not meet the

804
00:37:21,800 --> 00:37:23,159
doesn't meet all of

805
00:37:23,159 --> 00:37:26,619
the requirements but meets some of it and that's why again

806
00:37:26,619 --> 00:37:28,440
we're here with the

807
00:37:28,440 --> 00:37:30,610
Plains Zoning Commission to consider this alternate

808
00:37:30,610 --> 00:37:32,119
alternate development plan

809
00:37:32,119 --> 00:37:35,480
so mr. Beck thank you by sure also on the front there's a

810
00:37:35,480 --> 00:37:38,840
burn yes I'm sorry so

811
00:37:38,840 --> 00:37:43,159
there'll be a berm as well to help raise that landscape

812
00:37:43,159 --> 00:37:44,159
area no berm on the back

813
00:37:44,159 --> 00:37:50,280
side no okay thank you the last thing is street

814
00:37:50,280 --> 00:37:57,079
recall tree requirements they are actually required for and

815
00:37:57,079 --> 00:37:58,199
the reason why

816
00:37:58,199 --> 00:38:04,860
they are here today is because of the the location of the

817
00:38:04,860 --> 00:38:06,360
easement in the

818
00:38:06,360 --> 00:38:11,519
clearance zone along Bonnie Bray DME would not allow them

819
00:38:11,519 --> 00:38:12,599
to put that in there

820
00:38:12,599 --> 00:38:16,329
but they are proposing to do that with the acceptable trees

821
00:38:16,329 --> 00:38:17,239
that's being

822
00:38:17,239 --> 00:38:20,670
proposed or that's being accepted by DME so this one's a

823
00:38:20,670 --> 00:38:23,480
little bit not as hard

824
00:38:23,480 --> 00:38:26,329
as the other three but again wanted to include it as part

825
00:38:26,329 --> 00:38:27,280
of the ADP to make

826
00:38:27,280 --> 00:38:32,309
sure that we got this we got this right with that staff has

827
00:38:32,309 --> 00:38:33,599
reviewed the

828
00:38:33,599 --> 00:38:38,880
criteria for approval and is recommending approval of this

829
00:38:38,880 --> 00:38:39,480
alternate

830
00:38:39,480 --> 00:38:43,480
development plan as it conforms with those criteria's I'll

831
00:38:43,480 --> 00:38:44,199
be happy to stand

832
00:38:44,199 --> 00:38:48,510
for any questions Commissioner Smith thank you chair is

833
00:38:48,510 --> 00:38:49,480
there anything I know

834
00:38:49,480 --> 00:38:52,539
that I see this in full in their presentation maybe this

835
00:38:52,539 --> 00:38:53,400
question won't

836
00:38:53,400 --> 00:38:57,440
carry any weight but in comparison to the proposed DDC

837
00:38:57,440 --> 00:38:58,159
update that's gonna be

838
00:38:58,159 --> 00:39:02,719
coming how do these changes shape up against what would be

839
00:39:02,719 --> 00:39:03,920
in that new code

840
00:39:03,920 --> 00:39:07,010
the buffer requirement specifically I can speak a lot more

841
00:39:07,010 --> 00:39:07,920
of that there will

842
00:39:07,920 --> 00:39:12,940
be more options for development where they're being a he

843
00:39:12,940 --> 00:39:13,639
still still may be

844
00:39:13,639 --> 00:39:17,369
requested if we were a year in the future well there will

845
00:39:17,369 --> 00:39:19,440
be no ADP's so

846
00:39:19,440 --> 00:39:23,969
that's that's the proposal slept and drank beer since then

847
00:39:23,969 --> 00:39:25,119
other than that

848
00:39:25,119 --> 00:39:28,489
hopefully the new code is a little bit more I was a

849
00:39:28,489 --> 00:39:30,039
flexible but allows for

850
00:39:30,039 --> 00:39:33,789
more options so that development can occur in a proper

851
00:39:33,789 --> 00:39:34,960
manner and I guess

852
00:39:34,960 --> 00:39:37,849
what I'm trying to say is I don't want to have the same sit

853
00:39:37,849 --> 00:39:38,760
here and say why

854
00:39:38,760 --> 00:39:40,860
does that one what is that parking what does that stretch

855
00:39:40,860 --> 00:39:41,760
have allowed parking

856
00:39:41,760 --> 00:39:43,489
the front and this was on the side well we had a

857
00:39:43,489 --> 00:39:45,239
development code change right

858
00:39:45,239 --> 00:39:47,849
I'd hate to get something in here in the last minute that

859
00:39:47,849 --> 00:39:48,780
if the development code

860
00:39:48,780 --> 00:39:51,530
is gonna be different in the future that it's drastically

861
00:39:51,530 --> 00:39:52,480
different or if it's

862
00:39:52,480 --> 00:39:54,670
gonna be similar to what's gonna be required a year from

863
00:39:54,670 --> 00:39:55,599
now then okay yeah

864
00:39:55,599 --> 00:39:58,309
and again honestly we'll have to see right and of course

865
00:39:58,309 --> 00:39:59,199
there's there's

866
00:39:59,199 --> 00:40:02,079
gonna be some projects that may require more work is there

867
00:40:02,079 --> 00:40:02,960
any way you could

868
00:40:02,960 --> 00:40:06,019
give us a couple pieces information at public hearing about

869
00:40:06,019 --> 00:40:06,920
what's currently

870
00:40:06,920 --> 00:40:10,440
being proposed on the DDC and how this might look yeah

871
00:40:10,440 --> 00:40:12,039
generally yeah I think

872
00:40:12,039 --> 00:40:15,300
the buffer is one and as well as some of the parking

873
00:40:15,300 --> 00:40:17,119
requirements the minor

874
00:40:17,119 --> 00:40:20,010
modification that's something this would consider this

875
00:40:20,010 --> 00:40:21,159
minor modification well

876
00:40:21,159 --> 00:40:23,769
yeah well there there's criteria and we can I can discuss

877
00:40:23,769 --> 00:40:24,920
that briefly okay that

878
00:40:24,920 --> 00:40:39,710
would be fun appreciate it. Commissioner Sullivan. Thank

879
00:40:39,710 --> 00:40:40,570
you. Ron, the applicant's gonna be here? Yes. In the

880
00:40:40,570 --> 00:40:40,849
beginning I was concerned that they're trying to do too

881
00:40:40,849 --> 00:40:43,639
much too much change too many changes and maybe this just

882
00:40:43,639 --> 00:40:47,719
isn't the right lot kind of a situation but really it's

883
00:40:47,719 --> 00:40:52,639
more of a matter that the zoning changes that have taken

884
00:40:52,639 --> 00:40:54,900
place since the property to

885
00:40:54,900 --> 00:40:58,630
the south and the property of the north was built it's kind

886
00:40:58,630 --> 00:40:59,840
of got these guys

887
00:40:59,840 --> 00:41:04,920
squeezed a little bit and I'm just wondering if we apply

888
00:41:04,920 --> 00:41:06,599
the same rules that

889
00:41:06,599 --> 00:41:12,159
we had back then to this lot you know wouldn't it be easier

890
00:41:12,159 --> 00:41:14,000
you know to say you

891
00:41:14,000 --> 00:41:17,150
know what just go ahead and make it like the rest of the

892
00:41:17,150 --> 00:41:18,920
block where your parking

893
00:41:18,920 --> 00:41:23,079
is to the front put the trees in the back and look like

894
00:41:23,079 --> 00:41:24,000
everybody else in

895
00:41:24,000 --> 00:41:28,559
that area yeah I know I kind of make it easier for

896
00:41:28,559 --> 00:41:29,760
everybody and I think I think

897
00:41:29,760 --> 00:41:32,570
too you know actually this is Bonnie Bray it's scheduled to

898
00:41:32,570 --> 00:41:33,360
be a six lane

899
00:41:33,360 --> 00:41:37,050
divide roadway so changing use is probably you know from a

900
00:41:37,050 --> 00:41:38,119
residential to

901
00:41:38,119 --> 00:41:41,179
something different is probably more likely to happen of

902
00:41:41,179 --> 00:41:41,800
course we're dealing

903
00:41:41,800 --> 00:41:45,400
with an existing site you know that has a home it's a

904
00:41:45,400 --> 00:41:46,960
irregular shaped lot it's

905
00:41:46,960 --> 00:41:51,480
it's long rectangular versus you know deep so prevents you

906
00:41:51,480 --> 00:41:52,599
know parking in in

907
00:41:52,599 --> 00:41:55,329
the rear there's easements so there's a lot of things going

908
00:41:55,329 --> 00:41:56,519
on along this strip

909
00:41:56,519 --> 00:42:01,039
of property that that we do you know we do see that this

910
00:42:01,039 --> 00:42:02,360
would affect if those

911
00:42:02,360 --> 00:42:07,750
properties did develop we have the same issues any other

912
00:42:07,750 --> 00:42:11,760
questions for Ron thank

913
00:42:11,760 --> 00:42:17,639
you very much that brings us to our single public hearing

914
00:42:17,639 --> 00:42:19,519
item 5a which is

915
00:42:19,519 --> 00:42:28,159
an HL 1801 Roman can come and present

916
00:42:31,280 --> 00:42:35,030
thank you chair and can I interrupt right before you begin

917
00:42:35,030 --> 00:42:37,320
I apologize do we

918
00:42:37,320 --> 00:42:39,210
know how long is gonna take I want to be cognizant of

919
00:42:39,210 --> 00:42:41,000
dinner should we break and

920
00:42:41,000 --> 00:42:45,639
eat while you're pretty entertaining stuff it'd be like

921
00:42:45,639 --> 00:42:46,440
movie tavern we need

922
00:42:46,440 --> 00:42:52,739
to sit here and eat and there are 13 slides I can take them

923
00:42:52,739 --> 00:42:54,199
in very quickly or

924
00:42:54,199 --> 00:42:57,929
I can I mean I'm really it's enjoyable materials is great

925
00:42:57,929 --> 00:42:58,559
we're in a landmark

926
00:42:58,559 --> 00:43:02,030
house it's got to nice it's whatever you guys want to do I

927
00:43:02,030 --> 00:43:04,199
can do it in ten

928
00:43:04,199 --> 00:43:09,760
minutes maybe can we're going to take a quick break get

929
00:43:09,760 --> 00:43:10,480
some food and then come

930
00:43:10,480 --> 00:43:16,400
right back okay thanks thank you for that short break I'll

931
00:43:16,400 --> 00:43:17,440
invite Roman back

932
00:43:17,440 --> 00:43:21,960
up to present on this item thank you chair members of the

933
00:43:21,960 --> 00:43:23,280
Commission I'm

934
00:43:23,280 --> 00:43:29,619
excited to present a local landmark designation request the

935
00:43:29,619 --> 00:43:32,719
request is the

936
00:43:32,719 --> 00:43:36,079
is made by the homeowner and it's to make a historic

937
00:43:36,079 --> 00:43:38,039
landmark designation for the

938
00:43:38,039 --> 00:43:43,550
site of 607 East College Street and this is located between

939
00:43:43,550 --> 00:43:45,199
Vine and frame street

940
00:43:45,199 --> 00:43:51,400
just to the east of the Texas woman's University campus on

941
00:43:51,400 --> 00:43:53,079
your right is the

942
00:43:53,079 --> 00:43:56,809
house as you would see it today and again this is an owner

943
00:43:56,809 --> 00:43:57,960
is initiated

944
00:43:57,960 --> 00:44:01,019
requests on a property that they have rehabilitated

945
00:44:01,019 --> 00:44:02,280
themselves its owner

946
00:44:02,280 --> 00:44:06,860
occupied and it meets quite a few of the criteria for

947
00:44:06,860 --> 00:44:09,000
designation on your left

948
00:44:09,000 --> 00:44:12,719
here is the is an image of how it looked when they acquired

949
00:44:12,719 --> 00:44:14,199
it which in your notes

950
00:44:14,199 --> 00:44:18,719
it would talk about the cast the cast iron very decorative

951
00:44:18,719 --> 00:44:19,679
floral pattern

952
00:44:19,679 --> 00:44:23,619
columns that were put on but if we went back in time the

953
00:44:23,619 --> 00:44:25,760
there were there were

954
00:44:25,760 --> 00:44:28,469
wooden columns there now this is just going to be the

955
00:44:28,469 --> 00:44:29,559
pictures speak for

956
00:44:29,559 --> 00:44:33,469
themselves here the work that was done on this property now

957
00:44:33,469 --> 00:44:34,960
here's the 1940 tax

958
00:44:34,960 --> 00:44:40,119
image on it what's changed about the front is in the 50s we

959
00:44:40,119 --> 00:44:41,079
believe on the

960
00:44:41,079 --> 00:44:44,800
right-hand side that porch was extended all the way over

961
00:44:44,800 --> 00:44:46,679
but it was built

962
00:44:46,679 --> 00:44:51,599
sometime before 1926 and the deed records are in your

963
00:44:51,599 --> 00:44:53,960
packet it's very

964
00:44:53,960 --> 00:44:58,960
interesting history was either built by jh and Mary Pearl

965
00:44:58,960 --> 00:45:00,480
Boyd or the previous

966
00:45:00,480 --> 00:45:05,769
owner who was a Henry Stevens and the there's not a

967
00:45:05,769 --> 00:45:07,159
mechanics lien on the

968
00:45:07,159 --> 00:45:09,550
property but we can tell that there was a request that

969
00:45:09,550 --> 00:45:10,760
insurance be maintained

970
00:45:10,760 --> 00:45:15,219
on it when the boys took over a loan that was taken out so

971
00:45:15,219 --> 00:45:16,079
we know alone was

972
00:45:16,079 --> 00:45:21,110
taken out it involved being recorded against this site and

973
00:45:21,110 --> 00:45:23,239
in that way we we

974
00:45:23,239 --> 00:45:26,889
know that I just had to guess it was before 26 because of

975
00:45:26,889 --> 00:45:27,880
other records we've

976
00:45:27,880 --> 00:45:30,940
seen but we couldn't pinpoint it it was owned by the Boyd

977
00:45:30,940 --> 00:45:32,960
family from 1921 to

978
00:45:32,960 --> 00:45:37,969
1995 and this family was very involved in the community

979
00:45:37,969 --> 00:45:39,480
here in Denton here's

980
00:45:39,480 --> 00:45:43,699
a again the house today the west side of it there you can

981
00:45:43,699 --> 00:45:44,840
see they've retained

982
00:45:44,840 --> 00:45:49,460
the original siding and the original windows they did make

983
00:45:49,460 --> 00:45:50,400
a change to the

984
00:45:50,400 --> 00:45:53,050
lower portion that brick that you see there there was

985
00:45:53,050 --> 00:45:54,159
really originally a

986
00:45:54,159 --> 00:45:59,489
flared shake siding that went out on the sides on that and

987
00:45:59,489 --> 00:46:00,840
let property but it

988
00:46:00,840 --> 00:46:05,489
did still have the original knots either cedar posts or

989
00:46:05,489 --> 00:46:07,239
whatever that I've came

990
00:46:07,239 --> 00:46:10,090
from the other wood that we use here locally for the for

991
00:46:10,090 --> 00:46:11,559
the floor post we

992
00:46:11,559 --> 00:46:13,969
use Cyprus and there's another one that would come to me in

993
00:46:13,969 --> 00:46:15,119
just a minute then

994
00:46:15,119 --> 00:46:18,199
this is the front as they acquired it so you can see now

995
00:46:18,199 --> 00:46:19,599
the house really adds a

996
00:46:19,599 --> 00:46:22,659
lot more to that streetscape than it was when they acquired

997
00:46:22,659 --> 00:46:23,519
it this shows the

998
00:46:23,519 --> 00:46:27,340
level of effort and work they went into restoring the

999
00:46:27,340 --> 00:46:29,039
property here this is the

1000
00:46:29,039 --> 00:46:33,500
east side there's an image of that front elevation there on

1001
00:46:33,500 --> 00:46:34,320
your right you can see

1002
00:46:34,320 --> 00:46:39,900
how the the flared siding it's shape cedar shake siding

1003
00:46:39,900 --> 00:46:41,719
there on it is the

1004
00:46:41,719 --> 00:46:45,469
rear elevation and again the level of the work that went

1005
00:46:45,469 --> 00:46:47,159
into that the work

1006
00:46:47,159 --> 00:46:50,679
didn't stop with the exterior the interior was fully redone

1007
00:46:50,679 --> 00:46:52,280
and this house

1008
00:46:52,280 --> 00:46:57,559
was really updated with thoroughly with insulation and

1009
00:46:57,559 --> 00:46:58,400
really all the modern

1010
00:46:58,400 --> 00:47:04,199
amenities this is just a note this is good that we're

1011
00:47:04,199 --> 00:47:05,679
landmarking a property

1012
00:47:05,679 --> 00:47:08,800
in here because this in our historic resource survey of

1013
00:47:08,800 --> 00:47:10,039
1996 it was

1014
00:47:10,039 --> 00:47:13,730
recommended that we maybe put even a historic district on

1015
00:47:13,730 --> 00:47:14,880
this area in this

1016
00:47:14,880 --> 00:47:21,679
area of town though there were some voids in there the

1017
00:47:21,679 --> 00:47:22,920
there at the bottom

1018
00:47:22,920 --> 00:47:25,599
here I'm just mentioning the significance of the we did a

1019
00:47:25,599 --> 00:47:26,039
little

1020
00:47:26,039 --> 00:47:30,559
research on the family and miss a lot of interesting things

1021
00:47:30,559 --> 00:47:32,119
mr. void there was a

1022
00:47:32,119 --> 00:47:35,849
home we landmarked on North Bell 2100 block up there right

1023
00:47:35,849 --> 00:47:36,960
where Sherman is

1024
00:47:36,960 --> 00:47:41,940
and that's a boy judge Boyd and the owners of this house

1025
00:47:41,940 --> 00:47:43,480
today and other

1026
00:47:43,480 --> 00:47:47,380
people thought that judge Boyd built this home for his two

1027
00:47:47,380 --> 00:47:48,599
daughters while

1028
00:47:48,599 --> 00:47:52,269
they attended college but it turned out there's no relation

1029
00:47:52,269 --> 00:47:52,960
between the two

1030
00:47:52,960 --> 00:47:57,480
boys mr. boy lived here jh and Mary Pearl lived there

1031
00:47:57,480 --> 00:47:59,079
themselves he declared

1032
00:47:59,079 --> 00:48:02,809
bankruptcy in 1930 there after the Great Depression struck

1033
00:48:02,809 --> 00:48:04,000
we know that and just

1034
00:48:04,000 --> 00:48:07,469
quickly through some stories mrs. Jane Boyd who was

1035
00:48:07,469 --> 00:48:09,559
teaching in Dallas and her

1036
00:48:09,559 --> 00:48:13,510
sister were visiting the house and so there are all these

1037
00:48:13,510 --> 00:48:14,719
mentions in our in

1038
00:48:14,719 --> 00:48:20,760
our newspaper about the family including this one where the

1039
00:48:20,760 --> 00:48:22,400
daughter Jane Boyd was

1040
00:48:22,400 --> 00:48:27,880
living at 5004 Worth Street in Dallas and it and as a

1041
00:48:27,880 --> 00:48:28,679
school teacher must been

1042
00:48:28,679 --> 00:48:31,289
pretty well this is the home that they she lived in this is

1043
00:48:31,289 --> 00:48:32,079
a Google Street

1044
00:48:32,079 --> 00:48:35,139
view of that home today which I think that's a an apartment

1045
00:48:35,139 --> 00:48:35,920
building by the

1046
00:48:35,920 --> 00:48:40,239
buildings in the back again many mentions of mr. Boyd on

1047
00:48:40,239 --> 00:48:41,599
the left here

1048
00:48:41,599 --> 00:48:47,010
with these different fraternal organizations on the on the

1049
00:48:47,010 --> 00:48:47,840
lower left

1050
00:48:47,840 --> 00:48:52,590
here and then there's just quite a lot of mentions what's

1051
00:48:52,590 --> 00:48:53,719
interesting is one of

1052
00:48:53,719 --> 00:48:57,320
the daughters began was a teacher at George Washington

1053
00:48:57,320 --> 00:48:58,159
University upper

1054
00:48:58,159 --> 00:49:02,710
right-hand side Eleanor Boyd and then later she was also

1055
00:49:02,710 --> 00:49:05,000
the Dean of women's

1056
00:49:05,000 --> 00:49:11,199
of women at Texas at West Texas State College in Canyon

1057
00:49:11,199 --> 00:49:14,119
before his passing it

1058
00:49:14,119 --> 00:49:16,460
was interesting the family would go up to New York and

1059
00:49:16,460 --> 00:49:17,719
visit the Reverend Frank

1060
00:49:17,719 --> 00:49:23,070
Boyd who's the brother of jh and Harry Boyd who was also in

1061
00:49:23,070 --> 00:49:25,119
New York taken all

1062
00:49:25,119 --> 00:49:28,480
together we have a house that's could meet any number of

1063
00:49:28,480 --> 00:49:30,000
criteria criteria in

1064
00:49:30,000 --> 00:49:35,130
this case I've offered up three the character of the this

1065
00:49:35,130 --> 00:49:36,599
area of the city

1066
00:49:36,599 --> 00:49:40,519
is retained in this embodied in this house and then the

1067
00:49:40,519 --> 00:49:41,719
location again

1068
00:49:41,719 --> 00:49:45,440
related to the neighborhood and that this particular area

1069
00:49:45,440 --> 00:49:46,840
doesn't there aren't

1070
00:49:46,840 --> 00:49:52,159
a significant number of original homes there as a result of

1071
00:49:52,159 --> 00:49:54,920
this listing there's

1072
00:49:54,920 --> 00:49:57,980
a neighbor actually immediately next door that has inquired

1073
00:49:57,980 --> 00:49:58,280
about

1074
00:49:58,280 --> 00:50:00,889
landmarking her house so this is really good that we're

1075
00:50:00,889 --> 00:50:01,599
picking up a few of

1076
00:50:01,599 --> 00:50:05,349
these resources and as a aspect of community pride there

1077
00:50:05,349 --> 00:50:06,920
were notices sent

1078
00:50:06,920 --> 00:50:10,989
out the only one I received back is this email which I've

1079
00:50:10,989 --> 00:50:11,920
blanked out the

1080
00:50:11,920 --> 00:50:15,159
responses but this is the person asking to landmark their

1081
00:50:15,159 --> 00:50:16,440
their house next door

1082
00:50:16,440 --> 00:50:20,960
so I think it's a good thing when there was not any

1083
00:50:20,960 --> 00:50:22,480
opposition and this is a

1084
00:50:22,480 --> 00:50:25,869
really nice and this will allow you know people do this for

1085
00:50:25,869 --> 00:50:27,039
pride of place and

1086
00:50:27,039 --> 00:50:31,630
then we do have a tax credit that this person can take

1087
00:50:31,630 --> 00:50:33,559
advantage of on their

1088
00:50:33,559 --> 00:50:36,320
property when you landmark a property you can go back to

1089
00:50:36,320 --> 00:50:37,000
the Landmark

1090
00:50:37,000 --> 00:50:39,599
Commission and if you spent more than ten thousand dollars

1091
00:50:39,599 --> 00:50:40,800
on it you can ask

1092
00:50:40,800 --> 00:50:45,320
for 50% off of your city of Denton property taxes for ten

1093
00:50:45,320 --> 00:50:46,199
years and so

1094
00:50:46,199 --> 00:50:49,039
that's that's something you don't see at the PNZ meeting

1095
00:50:49,039 --> 00:50:50,019
but that's one of the

1096
00:50:50,019 --> 00:50:53,599
reasons people pursue and also just to to protect the area

1097
00:50:53,599 --> 00:50:54,760
and protect their

1098
00:50:54,760 --> 00:51:01,760
home I take any questions you Commissioner Beck thank you

1099
00:51:01,760 --> 00:51:07,920
aren't there a couple of houses over in that that area

1100
00:51:07,920 --> 00:51:09,840
right there that are

1101
00:51:09,840 --> 00:51:13,530
already historically designated landmarks at least two

1102
00:51:13,530 --> 00:51:14,840
houses are there

1103
00:51:14,840 --> 00:51:17,719
you know I don't have the map but don't memorized yet there

1104
00:51:17,719 --> 00:51:18,519
aren't too many

1105
00:51:18,519 --> 00:51:22,239
things like I saw one when I was doing census or something

1106
00:51:22,239 --> 00:51:22,880
I forget what it was

1107
00:51:22,880 --> 00:51:26,360
but I remember it was you know they had the deal anchored

1108
00:51:26,360 --> 00:51:27,480
in front of their house

1109
00:51:27,480 --> 00:51:31,050
that's your so this wouldn't be the first house is what I'm

1110
00:51:31,050 --> 00:51:31,840
not the first

1111
00:51:31,840 --> 00:51:35,090
over there was one and I was surprised when I was started

1112
00:51:35,090 --> 00:51:36,480
to work here and I

1113
00:51:36,480 --> 00:51:39,099
haven't gone back to look at it that was in that area that

1114
00:51:39,099 --> 00:51:41,119
's gone TW you must

1115
00:51:41,119 --> 00:51:45,639
have acquired and and the building is the house is actually

1116
00:51:45,639 --> 00:51:46,179
missing and it was

1117
00:51:46,179 --> 00:51:50,360
designated in the 80s and it was in that area too okay the

1118
00:51:50,360 --> 00:51:51,199
only thing I want to

1119
00:51:51,199 --> 00:51:53,809
comment on so it's probably not true that the house was

1120
00:51:53,809 --> 00:51:54,440
built for two

1121
00:51:54,440 --> 00:51:58,190
daughters that actually lived there no they don't that's

1122
00:51:58,190 --> 00:51:59,239
right until they died

1123
00:51:59,239 --> 00:52:02,530
in the 80s well actually in the end it was left to a

1124
00:52:02,530 --> 00:52:03,440
daughter who did live

1125
00:52:03,440 --> 00:52:07,519
there until it went from that daughter to the current

1126
00:52:07,519 --> 00:52:10,519
family thank you any

1127
00:52:10,519 --> 00:52:16,550
other questions for Roman thank you very much with that

1128
00:52:16,550 --> 00:52:17,760
that concludes our work

1129
00:52:17,760 --> 00:52:23,789
session we'll close it at 630 and be in council chambers at

1130
00:52:23,789 --> 00:52:32,239
640 good evening and

1131
00:52:32,239 --> 00:52:35,969
welcome to the planet zone commission meeting for June 13th

1132
00:52:35,969 --> 00:52:38,440
is hot our first

1133
00:52:38,440 --> 00:52:41,599
order of business will be to stand and give a pledge of

1134
00:52:41,599 --> 00:52:42,400
allegiance

1135
00:52:47,760 --> 00:52:54,800
United States of America and to the Republic for which it

1136
00:52:54,800 --> 00:53:01,900
stands one nation under God indivisible with liberty and

1137
00:53:01,900 --> 00:53:08,710
justice for all. I now pledge allegiance to the Texas one

1138
00:53:08,710 --> 00:53:15,119
state under God one indivisible. next we'll have

1139
00:53:15,119 --> 00:53:16,800
consideration for our planet

1140
00:53:16,800 --> 00:53:20,619
zoning minutes because of an absence we'll take these

1141
00:53:20,619 --> 00:53:23,340
separately so chair will

1142
00:53:23,340 --> 00:53:27,639
entertain a motion for the May 9th minutes

1143
00:53:29,840 --> 00:53:37,719
Commissioner Sanchez I make a motion to approve May 9th.

1144
00:53:37,719 --> 00:53:39,000
Commissioner Beck second

1145
00:53:39,000 --> 00:53:44,150
we have a first and a second any discussions seeing none we

1146
00:53:44,150 --> 00:53:46,920
'll call for a vote on the board

1147
00:53:54,519 --> 00:53:59,559
passes 6-0 chair will entertain a motion for the May 23rd

1148
00:53:59,559 --> 00:54:01,719
minutes

1149
00:54:01,719 --> 00:54:07,260
Commissioner Beck I move to approve minutes on May 22nd.

1150
00:54:07,260 --> 00:54:10,780
Commissioner Smith I second that motion. We have first and

1151
00:54:10,780 --> 00:54:14,360
second any discussion? Seeing none I'll call for a vote on

1152
00:54:14,360 --> 00:54:16,559
the board

1153
00:54:31,719 --> 00:54:36,619
motion carries 5-0 with one abstention next will be our

1154
00:54:36,619 --> 00:54:40,280
consent agenda chair will

1155
00:54:40,280 --> 00:54:45,039
entertain a motion. Commissioner Smith I motion to approve

1156
00:54:45,039 --> 00:54:49,840
consent agenda. Commissioner Ellis second we have a first

1157
00:54:49,840 --> 00:54:53,849
and second is there any discussion on the consent agenda?

1158
00:54:53,849 --> 00:54:58,480
Seeing nine I will vote call for vote on the board

1159
00:55:01,719 --> 00:55:09,480
motion carries 6-0 next we'll have item four which is our

1160
00:55:09,480 --> 00:55:12,880
individual items for individual consideration the first is

1161
00:55:12,880 --> 00:55:15,920
4A Z18004B

1162
00:55:15,920 --> 00:55:20,519
I'll call Cindy Jackson to present

1163
00:55:24,519 --> 00:55:31,119
thank you vice chair commissioners go ahead and pull this

1164
00:55:31,119 --> 00:55:31,440
up

1165
00:55:38,639 --> 00:55:46,599
Z18-0004 was before you on the during the May 9th meeting I

1166
00:55:46,599 --> 00:55:47,400
'm going to go ahead

1167
00:55:47,400 --> 00:55:50,099
and go over a few pertinent facts of the case just to

1168
00:55:50,099 --> 00:55:52,440
refresh your memory this is

1169
00:55:52,440 --> 00:55:57,139
a request for to rezone four parcels from the DR1 district

1170
00:55:57,139 --> 00:55:58,039
to the DCDG

1171
00:55:58,039 --> 00:56:02,719
district the four parcels comprise approximately 1.057

1172
00:56:02,719 --> 00:56:05,519
acres and you can

1173
00:56:05,519 --> 00:56:08,989
see their location here at the corner of Maple and Pacific

1174
00:56:08,989 --> 00:56:11,079
along Pacific on the

1175
00:56:11,079 --> 00:56:16,769
east excuse me west side of Myrtle and at the corner of Myr

1176
00:56:16,769 --> 00:56:18,800
tle and Eagle Street

1177
00:56:18,800 --> 00:56:23,760
current zoning as you can see is DR1 and the proposed

1178
00:56:23,760 --> 00:56:27,440
zoning is DCG when this came

1179
00:56:27,440 --> 00:56:32,900
to the PNC on May 9th there were several concerns that were

1180
00:56:32,900 --> 00:56:33,800
expressed by the

1181
00:56:33,800 --> 00:56:36,409
Commission at that time which included the loss of

1182
00:56:36,409 --> 00:56:37,880
affordable housing should

1183
00:56:37,880 --> 00:56:41,610
this be permitted the proposed exit onto Maple Street the

1184
00:56:41,610 --> 00:56:43,000
maximum 100 foot

1185
00:56:43,000 --> 00:56:47,170
building height permitted by the in the requested DCG

1186
00:56:47,170 --> 00:56:48,719
district they used as

1187
00:56:48,719 --> 00:56:51,440
permitted within the DCG district and the lack of a

1188
00:56:51,440 --> 00:56:53,039
neighborhood meeting with

1189
00:56:53,039 --> 00:56:58,420
the surrounding property owners well the applicant has

1190
00:56:58,420 --> 00:57:02,039
moved forward with a she's

1191
00:57:02,039 --> 00:57:09,360
held two separate neighborhood meetings one was on Monday

1192
00:57:09,360 --> 00:57:12,519
June 11th in the

1193
00:57:12,519 --> 00:57:16,719
evening and one was on Tuesday June 12 during the noon hour

1194
00:57:16,719 --> 00:57:18,239
the Commission also

1195
00:57:18,239 --> 00:57:20,869
suggested that staff investigate a possible overlay

1196
00:57:20,869 --> 00:57:21,880
district which would

1197
00:57:21,880 --> 00:57:25,460
restrict buildings on the site office buildings and with a

1198
00:57:25,460 --> 00:57:26,639
maximum height of

1199
00:57:26,639 --> 00:57:31,360
one story the applicant staff discusses with the applicant

1200
00:57:31,360 --> 00:57:32,199
and the applicant has

1201
00:57:32,199 --> 00:57:37,280
agreed to the conditions of the proposed overlay district

1202
00:57:37,280 --> 00:57:41,719
the at the time when

1203
00:57:41,719 --> 00:57:46,239
this came forward on May 9th the the Commission could not

1204
00:57:46,239 --> 00:57:46,920
come to a majority

1205
00:57:46,920 --> 00:57:50,900
vote on an motion to deny and the Commission could not come

1206
00:57:50,900 --> 00:57:51,960
forward with a

1207
00:57:51,960 --> 00:57:57,099
majority vote for a motion to table therefore the applicant

1208
00:57:57,099 --> 00:57:59,960
came back and

1209
00:57:59,960 --> 00:58:04,519
made some did what the Commission requested had the

1210
00:58:04,519 --> 00:58:05,599
neighborhood meetings

1211
00:58:05,599 --> 00:58:09,110
to which there was a low turnout but I think it was a

1212
00:58:09,110 --> 00:58:11,039
productive meeting and the

1213
00:58:11,039 --> 00:58:16,150
applicant will address that further and the staff came back

1214
00:58:16,150 --> 00:58:17,320
with the requested

1215
00:58:17,320 --> 00:58:20,380
overlay district so staff recommends approval of this

1216
00:58:20,380 --> 00:58:21,239
request with the

1217
00:58:21,239 --> 00:58:24,969
condition that a zoning overlay be placed on the parcels

1218
00:58:24,969 --> 00:58:26,199
with the following

1219
00:58:26,199 --> 00:58:29,440
conditions the building height shall not exceed two stories

1220
00:58:29,440 --> 00:58:30,480
or 30 feet in height

1221
00:58:30,480 --> 00:58:34,519
and uses on the parcels these four parcels are limited to

1222
00:58:34,519 --> 00:58:35,599
office use only

1223
00:58:35,599 --> 00:58:40,369
that concludes my presentation and I'll answer any

1224
00:58:40,369 --> 00:58:43,639
questions you may have any

1225
00:58:43,639 --> 00:58:51,760
questions for Cindy there are no questions this item was a

1226
00:58:51,760 --> 00:58:52,440
public hearing

1227
00:58:52,440 --> 00:58:54,880
at last meeting tonight it's an individual consideration

1228
00:58:54,880 --> 00:58:56,079
item that being

1229
00:58:56,079 --> 00:58:59,440
said we will so go forward and hear public comments so

1230
00:58:59,440 --> 00:59:00,719
tonight the applicant

1231
00:59:00,719 --> 00:59:04,590
can speak for ten minutes there's two wishing to speak each

1232
00:59:04,590 --> 00:59:05,840
would have ten

1233
00:59:05,840 --> 00:59:08,079
minutes and then anyone else who would like to speak will

1234
00:59:08,079 --> 00:59:08,920
be right at the four

1235
00:59:08,920 --> 00:59:11,260
minutes that you would have had in a public hearing tonight

1236
00:59:11,260 --> 00:59:12,159
as well so I have

1237
00:59:12,159 --> 00:59:15,230
three cards there if you do want to speak please fill out a

1238
00:59:15,230 --> 00:59:15,960
card and submit

1239
00:59:15,960 --> 00:59:20,480
that so with that I will call up the applicant Amy Bissett

1240
00:59:20,480 --> 00:59:21,639
and if you could

1241
00:59:21,639 --> 00:59:24,880
state your name and address for the record and you'll have

1242
00:59:24,880 --> 00:59:26,639
ten minutes my

1243
00:59:26,639 --> 00:59:30,130
name is Amy Bissett the address is my address is 212 South

1244
00:59:30,130 --> 00:59:31,199
Elm Denton Texas

1245
00:59:31,199 --> 00:59:36,150
76201 I appreciate the opportunity to be back in front of

1246
00:59:36,150 --> 00:59:37,159
you this evening if

1247
00:59:37,159 --> 00:59:39,769
you'll give me just a moment I will pull up my presentation

1248
00:59:39,769 --> 00:59:43,920
and we can begin I'd

1249
00:59:43,920 --> 00:59:47,079
like to start I did step in at the end of the work session

1250
00:59:47,079 --> 00:59:48,440
and hear some of the

1251
00:59:48,440 --> 00:59:51,940
concerns that were voiced by and several commissioners and

1252
00:59:51,940 --> 00:59:52,960
so I'd like to start

1253
00:59:52,960 --> 00:59:56,059
by addressing a couple of those upfront and specifically

1254
00:59:56,059 --> 00:59:57,239
there was concern about

1255
00:59:57,239 --> 01:00:00,429
the timing of the neighborhood meetings and that they

1256
01:00:00,429 --> 01:00:02,000
occurred just in the last

1257
01:00:02,000 --> 01:00:05,639
two days actually and we had two reasons that that happened

1258
01:00:05,639 --> 01:00:07,079
the first one is that

1259
01:00:07,079 --> 01:00:10,679
we wanted to give as much invitation notice as possible so

1260
01:00:10,679 --> 01:00:11,559
we mailed the

1261
01:00:11,559 --> 01:00:14,920
invitations out 12 days prior to the first public to the

1262
01:00:14,920 --> 01:00:15,719
first neighborhood

1263
01:00:15,719 --> 01:00:19,449
meeting and secondly there was some discussion back and

1264
01:00:19,449 --> 01:00:20,519
forth with city

1265
01:00:20,519 --> 01:00:25,360
staff after the last meeting about how we proceed whether

1266
01:00:25,360 --> 01:00:28,000
or not a 3-3 vote

1267
01:00:28,000 --> 01:00:31,980
would allow us to go directly to council and so it took us

1268
01:00:31,980 --> 01:00:33,519
some time probably ten

1269
01:00:33,519 --> 01:00:36,130
days to two weeks to kind of determine whether or not we

1270
01:00:36,130 --> 01:00:36,760
were going to be

1271
01:00:36,760 --> 01:00:39,369
coming back tonight or how we were going to proceed and

1272
01:00:39,369 --> 01:00:40,880
then of course internally

1273
01:00:40,880 --> 01:00:43,719
and I had to confer with the property owners and the

1274
01:00:43,719 --> 01:00:45,199
developer to determine

1275
01:00:45,199 --> 01:00:48,769
and how we would conduct the neighborhood meetings where

1276
01:00:48,769 --> 01:00:49,559
what format

1277
01:00:49,559 --> 01:00:52,289
and that sort of thing so it just it and we felt that it

1278
01:00:52,289 --> 01:00:53,519
was more important to

1279
01:00:53,519 --> 01:00:57,550
give enough lead time to on the invitations than it was to

1280
01:00:57,550 --> 01:00:58,400
have them a

1281
01:00:58,400 --> 01:01:01,230
week or two prior to this meeting and secondly there was

1282
01:01:01,230 --> 01:01:02,280
some concern about

1283
01:01:02,280 --> 01:01:05,480
whether we've made any substantial changes to our original

1284
01:01:05,480 --> 01:01:06,920
request and I

1285
01:01:06,920 --> 01:01:10,000
think you'll see through my presentation that we have but

1286
01:01:10,000 --> 01:01:11,119
specifically there was

1287
01:01:11,119 --> 01:01:13,730
a question posed why haven't we not withdrawn the

1288
01:01:13,730 --> 01:01:14,639
application for the

1289
01:01:14,639 --> 01:01:17,449
northern three properties like there was some discussion of

1290
01:01:17,449 --> 01:01:18,559
last month and when

1291
01:01:18,559 --> 01:01:21,769
we had that discussion last month and it was to eliminate

1292
01:01:21,769 --> 01:01:22,960
the concerns about

1293
01:01:22,960 --> 01:01:27,610
affordable housing and I actually proposed that option that

1294
01:01:27,610 --> 01:01:28,960
we might need

1295
01:01:28,960 --> 01:01:32,690
time to consider that option and if this zoning case wasn't

1296
01:01:32,690 --> 01:01:34,039
going to be supported

1297
01:01:34,039 --> 01:01:36,860
as it was but when we went back and actually looked at it

1298
01:01:36,860 --> 01:01:37,719
because we have an

1299
01:01:37,719 --> 01:01:40,780
alternative development plan on the site the constraints of

1300
01:01:40,780 --> 01:01:41,519
that alternative

1301
01:01:41,519 --> 01:01:44,159
development plan put us in a position that we can't do

1302
01:01:44,159 --> 01:01:45,079
anything with the

1303
01:01:45,079 --> 01:01:48,199
South tract unless we also are doing something with the

1304
01:01:48,199 --> 01:01:49,679
northern tracts and so

1305
01:01:49,679 --> 01:01:54,199
and there was no point in us splitting them up because it

1306
01:01:54,199 --> 01:01:55,480
caused complete

1307
01:01:55,480 --> 01:01:58,980
inability to get anything done on our part and so just

1308
01:01:58,980 --> 01:02:00,519
wanted to address those

1309
01:02:00,519 --> 01:02:04,820
two things real quickly I want to tell you what I'm going

1310
01:02:04,820 --> 01:02:05,599
to go through tonight

1311
01:02:05,599 --> 01:02:09,300
and we're just going to give you a few visual pictures that

1312
01:02:09,300 --> 01:02:10,599
will provide some

1313
01:02:10,599 --> 01:02:13,289
context and scale for the discussion and based on the

1314
01:02:13,289 --> 01:02:14,719
conversation that was had

1315
01:02:14,719 --> 01:02:18,260
last month I want to specifically discuss the concerns that

1316
01:02:18,260 --> 01:02:19,760
were raised at the

1317
01:02:19,760 --> 01:02:22,820
public hearing on May 9th and review the discussion

1318
01:02:22,820 --> 01:02:24,079
outcomes of the neighborhood

1319
01:02:24,079 --> 01:02:29,039
meeting access bank is no stranger to anybody in this room

1320
01:02:29,039 --> 01:02:29,920
it's a predominant

1321
01:02:29,920 --> 01:02:33,650
building that sits in a main gateway entry into Denton and

1322
01:02:33,650 --> 01:02:35,320
it was developed

1323
01:02:35,320 --> 01:02:38,679
roughly ten years ago under an alternative development plan

1324
01:02:38,679 --> 01:02:39,480
you can see

1325
01:02:39,480 --> 01:02:44,000
in the picture above and on your screen that it the

1326
01:02:44,000 --> 01:02:45,159
alternative development

1327
01:02:45,159 --> 01:02:48,889
plan facilitated some nice entryway features into the heart

1328
01:02:48,889 --> 01:02:49,679
of Denton

1329
01:02:49,679 --> 01:02:54,699
including the flagpoles and monument sign wrought iron f

1330
01:02:54,699 --> 01:02:56,199
encing landscaping

1331
01:02:56,199 --> 01:02:59,650
street trees and and it's the the same developer and

1332
01:02:59,650 --> 01:03:01,440
property owners that are

1333
01:03:01,440 --> 01:03:04,579
looking to construct this project so I wanted to provide

1334
01:03:04,579 --> 01:03:05,719
that context to you

1335
01:03:05,719 --> 01:03:10,489
also wanted to provide the the view at the corner of Eagle

1336
01:03:10,489 --> 01:03:12,760
and Carroll and three

1337
01:03:12,760 --> 01:03:15,639
out of the four corners at this intersection have major

1338
01:03:15,639 --> 01:03:16,360
development

1339
01:03:16,360 --> 01:03:19,449
major commercial developments on them today including large

1340
01:03:19,449 --> 01:03:20,800
-scale and Eagle at

1341
01:03:20,800 --> 01:03:24,360
this intersection is six lanes and this is Carroll looking

1342
01:03:24,360 --> 01:03:25,400
north you see it's

1343
01:03:25,400 --> 01:03:30,380
six lane this is a primary arterial and major thoroughfare

1344
01:03:30,380 --> 01:03:31,199
through through

1345
01:03:31,199 --> 01:03:33,809
Denton and into the heart of Denton where it's going to

1346
01:03:33,809 --> 01:03:34,800
draw commercial

1347
01:03:34,800 --> 01:03:39,780
interest and you can see on one corner the four-story

1348
01:03:39,780 --> 01:03:42,440
multifamily project when

1349
01:03:42,440 --> 01:03:46,000
you look west down down Eagle you do see that the one

1350
01:03:46,000 --> 01:03:47,320
corner that's not developed

1351
01:03:47,320 --> 01:03:52,480
commercially is the I double-of cemetery which preceded the

1352
01:03:52,480 --> 01:03:53,519
widening and

1353
01:03:53,519 --> 01:03:57,239
expansion of Carroll Boulevard into a primary arterial road

1354
01:03:57,239 --> 01:03:59,280
way just as this

1355
01:03:59,280 --> 01:04:02,400
single-family subdivision that we're contemplating tonight

1356
01:04:02,400 --> 01:04:03,360
was there prior to

1357
01:04:03,360 --> 01:04:09,219
and Carroll becoming a major thoroughfare just so that in

1358
01:04:09,219 --> 01:04:10,239
case this

1359
01:04:10,239 --> 01:04:13,300
part of the discussion comes up I wanted a visual of Wells

1360
01:04:13,300 --> 01:04:14,719
Fargo advisors which is

1361
01:04:14,719 --> 01:04:19,320
the building on the corner of Maple and Carroll and here is

1362
01:04:19,320 --> 01:04:20,559
the newly constructed

1363
01:04:20,559 --> 01:04:23,800
multifamily project that is directly across Myrtle Street

1364
01:04:23,800 --> 01:04:24,840
from the proposed

1365
01:04:24,840 --> 01:04:28,530
development as you can see and not only through these

1366
01:04:28,530 --> 01:04:30,280
pictures but also in the

1367
01:04:30,280 --> 01:04:34,010
above zoning map and three out of four sides of this

1368
01:04:34,010 --> 01:04:36,360
project are developed with

1369
01:04:36,360 --> 01:04:39,789
large-scale commercial projects many of them are three or

1370
01:04:39,789 --> 01:04:41,079
four stories in nature

1371
01:04:41,079 --> 01:04:46,769
what we are proposing is a single-story residential style

1372
01:04:46,769 --> 01:04:48,039
construction of garden

1373
01:04:48,039 --> 01:04:52,989
offices that we believe are provide a natural buffer

1374
01:04:52,989 --> 01:04:54,639
between the larger scale

1375
01:04:54,639 --> 01:04:58,030
commercial surrounding it and the existing neighborhood to

1376
01:04:58,030 --> 01:04:59,039
the north there

1377
01:04:59,039 --> 01:05:03,900
you can see the dr1 on the visual that shows several blocks

1378
01:05:03,900 --> 01:05:05,239
of existing housing

1379
01:05:05,239 --> 01:05:09,760
there and we believe that that's an important to preserve

1380
01:05:09,760 --> 01:05:11,239
and however we

1381
01:05:11,239 --> 01:05:14,670
think that there's an opportunity here to build as small

1382
01:05:14,670 --> 01:05:16,440
offices that provide a

1383
01:05:16,440 --> 01:05:21,260
good transition in density and scale from the larger and

1384
01:05:21,260 --> 01:05:22,079
development that's

1385
01:05:22,079 --> 01:05:27,489
occurring along Carroll and Eagle we are certainly open to

1386
01:05:27,489 --> 01:05:29,519
and ready to accept a

1387
01:05:29,519 --> 01:05:34,320
zoning overlay and the city staff have proposed 30 foot

1388
01:05:34,320 --> 01:05:35,699
restriction or two

1389
01:05:35,699 --> 01:05:39,789
stories we are willing to accept an overlay of single-story

1390
01:05:39,789 --> 01:05:40,739
and we have no

1391
01:05:40,739 --> 01:05:44,179
intention of building anything above single-story and again

1392
01:05:44,179 --> 01:05:44,840
it will be a

1393
01:05:44,840 --> 01:05:47,539
residential style construction that's compatible with the

1394
01:05:47,539 --> 01:05:48,559
single-family homes

1395
01:05:48,559 --> 01:05:53,369
there and can be a transition in density and scale in the

1396
01:05:53,369 --> 01:05:54,440
public hearing

1397
01:05:54,440 --> 01:05:58,960
discussion we did hear that you were concerned about the

1398
01:05:58,960 --> 01:05:59,800
allowable height of

1399
01:05:59,800 --> 01:06:02,599
a hundred feet that you were concerned about the removal of

1400
01:06:02,599 --> 01:06:03,800
affordable housing

1401
01:06:03,800 --> 01:06:07,159
and encroachment on a residential area the displacement of

1402
01:06:07,159 --> 01:06:08,079
current tenants

1403
01:06:08,079 --> 01:06:11,269
traffic on Maple Street the privacy of tenants in the

1404
01:06:11,269 --> 01:06:12,960
remaining homes drainage

1405
01:06:12,960 --> 01:06:16,409
onto neighboring properties concerns about crime and safety

1406
01:06:16,409 --> 01:06:16,920
and tree

1407
01:06:16,920 --> 01:06:19,650
preservation of some large significant trees that are part

1408
01:06:19,650 --> 01:06:20,880
of the property we

1409
01:06:20,880 --> 01:06:23,599
did conduct two neighborhood meetings as you're aware the

1410
01:06:23,599 --> 01:06:24,840
invitations were mailed

1411
01:06:24,840 --> 01:06:28,079
out on June 1st they were come-and-go format so we had four

1412
01:06:28,079 --> 01:06:29,239
hours open window

1413
01:06:29,239 --> 01:06:32,659
we mailed 32 invitations we had to have neighboring

1414
01:06:32,659 --> 01:06:34,519
property owners attend both

1415
01:06:34,519 --> 01:06:38,030
of those property owners are in attendance tonight and so I

1416
01:06:38,030 --> 01:06:39,119
'm going to

1417
01:06:39,119 --> 01:06:41,860
share with you what discussion we had with them and then

1418
01:06:41,860 --> 01:06:42,840
they can certainly

1419
01:06:42,840 --> 01:06:47,599
verify that or talk about any discrepancies between how I

1420
01:06:47,599 --> 01:06:48,599
interpreted it

1421
01:06:48,599 --> 01:06:53,130
and so the two were 416 Maple Street which is the owner

1422
01:06:53,130 --> 01:06:54,039
occupied house and

1423
01:06:54,039 --> 01:06:58,599
for and 325 Maple Street which is the one that is and has

1424
01:06:58,599 --> 01:06:59,760
two shared property

1425
01:06:59,760 --> 01:07:06,059
lines with this project so 329 Maple Street is I just want

1426
01:07:06,059 --> 01:07:06,320
you to have a

1427
01:07:06,320 --> 01:07:09,889
visual of what we're looking at here I'm 329 Maple Street

1428
01:07:09,889 --> 01:07:10,960
is one of the three

1429
01:07:10,960 --> 01:07:14,650
parcels that is impacted by this project there was some

1430
01:07:14,650 --> 01:07:16,119
discussion about five

1431
01:07:16,119 --> 01:07:19,179
houses being involved at the last meeting there are three

1432
01:07:19,179 --> 01:07:19,920
that are a part

1433
01:07:19,920 --> 01:07:23,039
of the zoning change the one at 329 Maple which is

1434
01:07:23,039 --> 01:07:25,199
currently occupied by an

1435
01:07:25,199 --> 01:07:28,949
employee of the property owner because it is in disrepair

1436
01:07:28,949 --> 01:07:30,519
and really can't be

1437
01:07:30,519 --> 01:07:35,070
rented to the general public I'm 711 Pacific which is

1438
01:07:35,070 --> 01:07:36,719
vacant as of yesterday

1439
01:07:36,719 --> 01:07:42,159
and in 712 Myrtle which has an occupant that is leasing but

1440
01:07:42,159 --> 01:07:43,559
intends to move when

1441
01:07:43,559 --> 01:07:46,170
the lease is up because they need to change school

1442
01:07:46,170 --> 01:07:48,159
districts the fourth

1443
01:07:48,159 --> 01:07:51,639
parcel is the one to the far south that one is not impacted

1444
01:07:51,639 --> 01:07:52,739
in terms of it has

1445
01:07:52,739 --> 01:07:55,360
a detention pond today and we would be tying into the city

1446
01:07:55,360 --> 01:07:56,400
's detention system

1447
01:07:56,400 --> 01:08:01,280
in the future and the two additional houses that were

1448
01:08:01,280 --> 01:08:02,159
discussed that are

1449
01:08:02,159 --> 01:08:05,599
highlighted in yellow here as you can see they're already a

1450
01:08:05,599 --> 01:08:06,519
part of the DCG

1451
01:08:06,519 --> 01:08:10,159
zoning district they were acquired platted and zoned ten

1452
01:08:10,159 --> 01:08:11,039
years ago when the

1453
01:08:11,039 --> 01:08:14,469
bank was originally developed and all of these properties

1454
01:08:14,469 --> 01:08:15,679
were acquired by the

1455
01:08:15,679 --> 01:08:19,399
same owner and developer with the ultimate intent of rede

1456
01:08:19,399 --> 01:08:20,520
veloping the

1457
01:08:20,520 --> 01:08:24,619
project just so you're aware I'm going to show you the

1458
01:08:24,619 --> 01:08:25,720
three houses in question

1459
01:08:25,720 --> 01:08:32,090
this is 329 Maple Street this is 711 Pacific and this is 7

1460
01:08:32,090 --> 01:08:35,340
12 Myrtle when you

1461
01:08:35,340 --> 01:08:37,550
look at our project as a whole and just square up the

1462
01:08:37,550 --> 01:08:39,239
boundaries this this blue

1463
01:08:39,239 --> 01:08:42,350
square is essentially what we are looking at and we did the

1464
01:08:42,350 --> 01:08:43,140
two property

1465
01:08:43,140 --> 01:08:47,670
owners that came to visit with us 416 Maple which I have

1466
01:08:47,670 --> 01:08:48,720
highlighted here I

1467
01:08:48,720 --> 01:08:51,779
want to talk to you a little bit about her concerns and we

1468
01:08:51,779 --> 01:08:52,880
discussed with her

1469
01:08:52,880 --> 01:08:57,189
one of her primary concerns was traffic on Myrtle Street or

1470
01:08:57,189 --> 01:08:58,039
I'm sorry on Maple

1471
01:08:58,039 --> 01:09:00,810
Street and how close the intersection of Pacific is to

1472
01:09:00,810 --> 01:09:02,279
Carroll she was concerned

1473
01:09:02,279 --> 01:09:05,340
about the height of the development she was concerned about

1474
01:09:05,340 --> 01:09:06,079
the crime in the

1475
01:09:06,079 --> 01:09:09,140
neighborhood and she was concerned there's a large tree on

1476
01:09:09,140 --> 01:09:09,800
the corner of

1477
01:09:09,800 --> 01:09:11,920
Pacific and Maple that I'll point out to you in a minute

1478
01:09:11,920 --> 01:09:12,960
that she would like for

1479
01:09:12,960 --> 01:09:20,140
us to preserve. Mr. Yuhas who is also here came in and he

1480
01:09:20,140 --> 01:09:21,239
we discussed his

1481
01:09:21,239 --> 01:09:24,300
concerns about drainage affecting his property and the

1482
01:09:24,300 --> 01:09:25,520
privacy of his tenants

1483
01:09:25,520 --> 01:09:29,149
and traffic on Maple Street building height and some sort

1484
01:09:29,149 --> 01:09:30,119
of buffer to be

1485
01:09:30,119 --> 01:09:32,739
provided since his property is the one that is most

1486
01:09:32,739 --> 01:09:33,880
impacted in terms of

1487
01:09:33,880 --> 01:09:39,000
adjacency. It became obvious immediately that Pacific

1488
01:09:39,000 --> 01:09:40,720
Avenue and that entry was

1489
01:09:40,720 --> 01:09:44,239
a big point of concern for both of those property owners

1490
01:09:44,239 --> 01:09:45,239
and we began to

1491
01:09:45,239 --> 01:09:47,970
brainstorm ways that we could resolve that knowing that we

1492
01:09:47,970 --> 01:09:49,039
're going to have to

1493
01:09:49,039 --> 01:09:52,550
provide adequate fire access to all the buildings and it's

1494
01:09:52,550 --> 01:09:53,960
unlikely that we would

1495
01:09:53,960 --> 01:09:57,829
be able to develop without having an access point off of

1496
01:09:57,829 --> 01:09:59,439
Maple entirely so we

1497
01:09:59,439 --> 01:10:03,989
discussed the possibility of asking the city to abandon

1498
01:10:03,989 --> 01:10:05,199
Pacific Street as a

1499
01:10:05,199 --> 01:10:08,300
street which we were going to do anyway and then we would

1500
01:10:08,300 --> 01:10:09,800
relocate our entryway

1501
01:10:09,800 --> 01:10:15,369
to the eastern border of our project on Maple Street. What

1502
01:10:15,369 --> 01:10:17,159
this does is it gives

1503
01:10:17,159 --> 01:10:22,250
more distance from Carroll Boulevard and it relocates the

1504
01:10:22,250 --> 01:10:23,600
entry away from in

1505
01:10:23,600 --> 01:10:27,529
front of Miss Rausch's house which is most impacted by the

1506
01:10:27,529 --> 01:10:29,000
traffic in terms of

1507
01:10:29,000 --> 01:10:33,630
people coming on and off of Pacific and an added benefit is

1508
01:10:33,630 --> 01:10:35,319
that it provides a

1509
01:10:35,319 --> 01:10:40,779
very clear demarcation for Mr. Yuhas on the western edge of

1510
01:10:40,779 --> 01:10:42,000
his property.

1511
01:10:42,000 --> 01:10:47,000
What you're looking at now is our proposed concept plan

1512
01:10:47,000 --> 01:10:48,159
along with I

1513
01:10:48,159 --> 01:10:50,869
just kind of drew in the neighboring property so we could

1514
01:10:50,869 --> 01:10:51,720
talk about a few

1515
01:10:51,720 --> 01:10:55,079
things so you see Pacific Street highlighted here on the

1516
01:10:55,079 --> 01:10:55,840
left of your

1517
01:10:55,840 --> 01:10:59,569
screen 416 Maple directly across from it that's not drawn

1518
01:10:59,569 --> 01:11:00,520
to scale it's an

1519
01:11:00,520 --> 01:11:06,640
approximate location and then 325 Maple on the eastern side

1520
01:11:06,640 --> 01:11:08,560
over here and these

1521
01:11:08,560 --> 01:11:12,289
are how the other lots are configured between our project

1522
01:11:12,289 --> 01:11:14,000
and Maple Street so

1523
01:11:14,000 --> 01:11:19,350
we would move Pacific East and then we would shift the

1524
01:11:19,350 --> 01:11:21,279
proposed building west

1525
01:11:21,279 --> 01:11:25,000
and then it would be essentially on the same side as what

1526
01:11:25,000 --> 01:11:26,439
the Wells Fargo

1527
01:11:26,439 --> 01:11:30,170
building that exists today and provide more distance

1528
01:11:30,170 --> 01:11:31,720
between the property owner

1529
01:11:31,720 --> 01:11:36,359
at Maple and in our first building. Additionally we're

1530
01:11:36,359 --> 01:11:37,560
required through

1531
01:11:37,560 --> 01:11:41,479
subchapter 13 of the didn't develop a code to provide a

1532
01:11:41,479 --> 01:11:42,640
type C landscape

1533
01:11:42,640 --> 01:11:46,369
buffer between our project and the adjoining properties

1534
01:11:46,369 --> 01:11:47,840
that do front Maple

1535
01:11:47,840 --> 01:11:50,899
Street you can see that highlighted in green here again not

1536
01:11:50,899 --> 01:11:51,640
to scale this is

1537
01:11:51,640 --> 01:11:55,310
just a visual representation of the discussions that we had

1538
01:11:55,310 --> 01:11:56,119
and the tree

1539
01:11:56,119 --> 01:11:59,479
that Miss Rausch is concerned about sits on the corner of

1540
01:11:59,479 --> 01:12:00,800
Pacific and Maple and

1541
01:12:00,800 --> 01:12:04,619
is in a much better position under this scenario to be

1542
01:12:04,619 --> 01:12:07,399
preserved and I will tell

1543
01:12:07,399 --> 01:12:11,069
you that moving forward with the alternative development

1544
01:12:11,069 --> 01:12:11,880
plan our intent

1545
01:12:11,880 --> 01:12:15,430
is to preserve as many of the trees as we can and you will

1546
01:12:15,430 --> 01:12:16,680
see if the zoning

1547
01:12:16,680 --> 01:12:19,510
case is approved at some point you will see that I'll see

1548
01:12:19,510 --> 01:12:20,439
and approve that

1549
01:12:20,439 --> 01:12:23,529
alternative development plan and we'll have an opportunity

1550
01:12:23,529 --> 01:12:24,680
to hold us to and

1551
01:12:24,680 --> 01:12:27,899
some of the discussions that we're having tonight. My

1552
01:12:27,899 --> 01:12:29,960
understanding is that

1553
01:12:29,960 --> 01:12:33,720
both of the property owners that we met with and were

1554
01:12:33,720 --> 01:12:35,399
satisfied with these

1555
01:12:35,399 --> 01:12:39,970
changes at that time and that it made it more palatable to

1556
01:12:39,970 --> 01:12:41,439
them and we committed

1557
01:12:41,439 --> 01:12:44,050
to both of them and that we would have additional

1558
01:12:44,050 --> 01:12:45,479
neighborhood meetings as we

1559
01:12:45,479 --> 01:12:48,699
worked through the site design process and created the

1560
01:12:48,699 --> 01:12:50,319
alternative development

1561
01:12:50,319 --> 01:12:53,380
plan to make sure that we could accommodate their

1562
01:12:53,380 --> 01:12:54,479
suggestions and

1563
01:12:54,479 --> 01:12:59,029
concerns and minimize any impact negative impact that the

1564
01:12:59,029 --> 01:13:00,159
project would

1565
01:13:00,159 --> 01:13:06,720
have. Mr. Yuhas also expressed concerns about drainage

1566
01:13:06,720 --> 01:13:08,640
impacting his property I

1567
01:13:08,640 --> 01:13:12,840
did put a contour map on here just so you have a visual of

1568
01:13:12,840 --> 01:13:14,479
how the drainage is

1569
01:13:14,479 --> 01:13:17,350
going to flow on the site the high point is on the

1570
01:13:17,350 --> 01:13:19,319
northwest circle that you see

1571
01:13:19,319 --> 01:13:25,119
there at 666 feet and the low point is at 638 feet towards

1572
01:13:25,119 --> 01:13:27,000
the southeast portion

1573
01:13:27,000 --> 01:13:31,199
so naturally the water is going to flow south and away from

1574
01:13:31,199 --> 01:13:32,640
the neighbors and

1575
01:13:32,640 --> 01:13:37,430
however Mr. Yuhas was concerned that if we regraded the

1576
01:13:37,430 --> 01:13:38,399
site and changed the

1577
01:13:38,399 --> 01:13:41,460
topography that it might result in some pooling of water in

1578
01:13:41,460 --> 01:13:42,859
his backyard so we

1579
01:13:42,859 --> 01:13:46,149
have committed to him that we would work with him as we

1580
01:13:46,149 --> 01:13:47,720
were doing the drainage

1581
01:13:47,720 --> 01:13:50,960
plans to make sure that his property was not negatively

1582
01:13:50,960 --> 01:13:52,399
impacted and as you all

1583
01:13:52,399 --> 01:13:56,130
know during the final platting process and we are required

1584
01:13:56,130 --> 01:13:57,319
to handle all of

1585
01:13:57,319 --> 01:14:00,979
our own drainage on site and not allow any of that to

1586
01:14:00,979 --> 01:14:03,039
migrate to any neighboring

1587
01:14:03,039 --> 01:14:06,939
properties but we did we did commit to him that we would

1588
01:14:06,939 --> 01:14:07,720
have conversations

1589
01:14:07,720 --> 01:14:10,430
with him as we were actually doing site design to address

1590
01:14:10,430 --> 01:14:11,880
that specifically for

1591
01:14:11,880 --> 01:14:16,550
his property with the alternative development plan and

1592
01:14:16,550 --> 01:14:18,039
final plat processes

1593
01:14:18,039 --> 01:14:21,579
and we're committed to holding more neighborhood meetings

1594
01:14:21,579 --> 01:14:22,399
to look at the

1595
01:14:22,399 --> 01:14:25,010
proposed site plan have neighbors have an opportunity to

1596
01:14:25,010 --> 01:14:26,119
provide feedback and

1597
01:14:26,119 --> 01:14:28,939
it would come back to you for approval and we'll work with

1598
01:14:28,939 --> 01:14:29,840
the neighbors on

1599
01:14:29,840 --> 01:14:33,399
drainage and we'll work we'll discuss safety and lighting

1600
01:14:33,399 --> 01:14:34,520
and tree preservation

1601
01:14:34,520 --> 01:14:37,909
with the neighbors during the site design process and we'll

1602
01:14:37,909 --> 01:14:38,800
work to minimize

1603
01:14:38,800 --> 01:14:41,689
the impact to their properties and work with the city of

1604
01:14:41,689 --> 01:14:42,319
Denton to re look to

1605
01:14:42,319 --> 01:14:45,199
abandon Pacific Street and really be able to relocate our

1606
01:14:45,199 --> 01:14:46,359
entrance to an area

1607
01:14:46,359 --> 01:14:51,079
that is will create less of a traffic issue and as you all

1608
01:14:51,079 --> 01:14:52,199
know and we'll have

1609
01:14:52,199 --> 01:14:56,729
to address and mitigate for any traffic and that this

1610
01:14:56,729 --> 01:14:58,039
development causes at the

1611
01:14:58,039 --> 01:15:01,680
time of final planning and that concludes my presentation

1612
01:15:01,680 --> 01:15:02,920
and I do have a

1613
01:15:02,920 --> 01:15:06,529
property owner representative here with me Virgil strange

1614
01:15:06,529 --> 01:15:07,720
who will speak on our

1615
01:15:07,720 --> 01:15:10,329
behalf as well and I'm happy to answer any questions we do

1616
01:15:10,329 --> 01:15:11,159
have some questions

1617
01:15:11,159 --> 01:15:16,680
Commissioner Smith thank you much chair miss visit 7-eleven

1618
01:15:16,680 --> 01:15:18,600
why was it vacated I

1619
01:15:18,600 --> 01:15:21,489
don't know the answer to that but mr. strange may be able

1620
01:15:21,489 --> 01:15:22,319
to answer that

1621
01:15:22,319 --> 01:15:25,399
question I think that just the lease ended we'll table we

1622
01:15:25,399 --> 01:15:29,199
'll table that the

1623
01:15:29,199 --> 01:15:33,720
is everything south of 712 those two homes that are already

1624
01:15:33,720 --> 01:15:34,420
already in the

1625
01:15:34,420 --> 01:15:37,130
correct zoning for what you guys are opposed for that are

1626
01:15:37,130 --> 01:15:38,119
already in the plat

1627
01:15:38,119 --> 01:15:41,180
to be developed are those what is the status of the

1628
01:15:41,180 --> 01:15:42,239
residents in those homes I

1629
01:15:42,239 --> 01:15:46,319
believe that and they they may both have tenants and I

1630
01:15:46,319 --> 01:15:48,000
allow Virgil to speak to

1631
01:15:48,000 --> 01:15:51,119
that more specifically however and I do want to clarify

1632
01:15:51,119 --> 01:15:53,159
that and all of the

1633
01:15:53,159 --> 01:15:58,020
tenants that are there today where were there are short-

1634
01:15:58,020 --> 01:15:59,680
term tenants they were

1635
01:15:59,680 --> 01:16:02,739
told upfront that the project would ultimately be redevelop

1636
01:16:02,739 --> 01:16:03,680
ed and they

1637
01:16:03,680 --> 01:16:08,199
haven't they're not expecting to stay for the long term and

1638
01:16:08,199 --> 01:16:09,079
my understanding is

1639
01:16:09,079 --> 01:16:12,140
that those who do have leases at this point have roughly a

1640
01:16:12,140 --> 01:16:13,199
year left on them

1641
01:16:13,199 --> 01:16:18,500
and so there's some time to plan for a change once once

1642
01:16:18,500 --> 01:16:19,960
there is an imminent

1643
01:16:19,960 --> 01:16:22,359
development which at this point there obviously is not so

1644
01:16:22,359 --> 01:16:23,000
we would not be

1645
01:16:23,000 --> 01:16:27,920
providing notice at this point okay I think it's fun

1646
01:16:27,920 --> 01:16:33,609
doors Virgil mr. strange guy ask you a question let's let's

1647
01:16:33,609 --> 01:16:34,560
pause this for a

1648
01:16:34,560 --> 01:16:37,970
second when I have questions answer that I think you'll

1649
01:16:37,970 --> 01:16:38,039
come up if we can deal

1650
01:16:38,039 --> 01:16:41,279
with that Christian Ellis thank you vice chair thank you

1651
01:16:41,279 --> 01:16:42,760
Amy for the presentation

1652
01:16:42,760 --> 01:16:46,479
um so just to clarify I understand that three of the homes

1653
01:16:46,479 --> 01:16:48,319
are part of the zoning

1654
01:16:48,319 --> 01:16:50,619
change because the other two already zoned but five of them

1655
01:16:50,619 --> 01:16:51,079
are being

1656
01:16:51,079 --> 01:16:53,689
removed with the development is that correct yes that is

1657
01:16:53,689 --> 01:16:54,399
correct the other two

1658
01:16:54,399 --> 01:16:59,560
are and already part of a part of the project to be removed

1659
01:16:59,560 --> 01:17:01,439
and made turned

1660
01:17:01,439 --> 01:17:05,640
into professional office spaces that's correct okay thanks

1661
01:17:05,640 --> 01:17:13,279
Mr. Sullivan thank you my share I'm curious if y'all are

1662
01:17:13,279 --> 01:17:15,239
designing or your

1663
01:17:15,239 --> 01:17:18,970
plans are designed a single story why not have an overlay

1664
01:17:18,970 --> 01:17:20,560
to restrict it to a

1665
01:17:20,560 --> 01:17:25,510
single story instead of two stories well what I'm saying is

1666
01:17:25,510 --> 01:17:26,800
that we're committed

1667
01:17:26,800 --> 01:17:30,079
to one story and if it if it is more palatable to the

1668
01:17:30,079 --> 01:17:31,560
Commission to have the

1669
01:17:31,560 --> 01:17:34,619
overlay be one story that way in the future if somebody

1670
01:17:34,619 --> 01:17:35,199
wanted to come back

1671
01:17:35,199 --> 01:17:37,569
and redevelop they couldn't put something that was two

1672
01:17:37,569 --> 01:17:38,399
story there and

1673
01:17:38,399 --> 01:17:42,369
then we if you wanted to make the overlay one story we

1674
01:17:42,369 --> 01:17:43,600
would be comfortable

1675
01:17:43,600 --> 01:17:47,329
with that I believe that city staff recommended two stories

1676
01:17:47,329 --> 01:17:47,920
because that's

1677
01:17:47,920 --> 01:17:51,460
what's compatible with the neighborhood today right now dr1

1678
01:17:51,460 --> 01:17:52,600
is a 40 foot high

1679
01:17:52,600 --> 01:17:56,140
restriction I believe so this would actually go from 40 to

1680
01:17:56,140 --> 01:17:57,680
30 and even at

1681
01:17:57,680 --> 01:17:59,560
two stories so I think they were just looking at the

1682
01:17:59,560 --> 01:18:00,640
surrounding area and that

1683
01:18:00,640 --> 01:18:03,760
two stories would still be compatible okay I wouldn't aware

1684
01:18:03,760 --> 01:18:04,699
of any other two

1685
01:18:04,699 --> 01:18:10,000
story houses in that area there is one on Maple Street and

1686
01:18:10,000 --> 01:18:11,819
that 416 actually is

1687
01:18:11,819 --> 01:18:14,880
two story but one of the reasons we're committed to single

1688
01:18:14,880 --> 01:18:15,579
story is we believe

1689
01:18:15,579 --> 01:18:18,390
it's more appropriate and scale to all the surrounding

1690
01:18:18,390 --> 01:18:19,319
single family okay thank

1691
01:18:19,319 --> 01:18:25,439
you I see no other questions thank you very much the next

1692
01:18:25,439 --> 01:18:27,039
speaker is the second

1693
01:18:27,039 --> 01:18:30,560
applicant JV strange if you just state your name and

1694
01:18:30,560 --> 01:18:31,399
address for the record

1695
01:18:31,399 --> 01:18:36,600
you also have ten minutes good evening ladies and gentlemen

1696
01:18:36,600 --> 01:18:37,739
my name is JV

1697
01:18:37,739 --> 01:18:42,260
strange 728 Seville Denton Texas I am one of the property

1698
01:18:42,260 --> 01:18:42,680
owners and the

1699
01:18:42,680 --> 01:18:48,090
applicant this has turned into a fairly complex issue for

1700
01:18:48,090 --> 01:18:49,300
us let me just give

1701
01:18:49,300 --> 01:18:51,939
you a little bit of a background beyond what I mean did

1702
01:18:51,939 --> 01:18:53,100
when we bought the

1703
01:18:53,100 --> 01:18:56,340
properties for the bank which commenced back in about 2007

1704
01:18:56,340 --> 01:18:57,579
and 8 I think we

1705
01:18:57,579 --> 01:19:00,189
bought something like a dozen pieces of property to put

1706
01:19:00,189 --> 01:19:01,159
together the site that

1707
01:19:01,159 --> 01:19:04,260
the bank is currently on there was one piece of property we

1708
01:19:04,260 --> 01:19:05,340
're not able to buy

1709
01:19:05,340 --> 01:19:09,069
at that time it was the piece at Myrtle and Eagle so we had

1710
01:19:09,069 --> 01:19:10,460
to proceed with our

1711
01:19:10,460 --> 01:19:13,170
development with that little out parcel down below we were

1712
01:19:13,170 --> 01:19:14,539
also required in our

1713
01:19:14,539 --> 01:19:17,149
development to put in a detention pond which is the only

1714
01:19:17,149 --> 01:19:18,060
one on Eagle Drive

1715
01:19:18,060 --> 01:19:20,670
even though there are larger projects than ours up and down

1716
01:19:20,670 --> 01:19:22,260
Eagle and the

1717
01:19:22,260 --> 01:19:25,319
intention with the city was at the point in time the

1718
01:19:25,319 --> 01:19:27,739
drainage improvements along

1719
01:19:27,739 --> 01:19:31,800
Eagle and over the Elm and Locust were improved that we

1720
01:19:31,800 --> 01:19:33,300
would be able to remove

1721
01:19:33,300 --> 01:19:38,300
our detention pond recent so that has been something that

1722
01:19:38,300 --> 01:19:39,539
has been hanging out

1723
01:19:39,539 --> 01:19:44,060
there for 10 years we were approached by the city about a

1724
01:19:44,060 --> 01:19:45,220
year ago to grant

1725
01:19:45,220 --> 01:19:48,100
easements across our property so that the drainage

1726
01:19:48,100 --> 01:19:49,699
improvements could be done

1727
01:19:49,699 --> 01:19:53,840
and if you go by there now you'll see that one house has

1728
01:19:53,840 --> 01:19:55,460
been demolished over

1729
01:19:55,460 --> 01:19:58,069
there not one of ours is across the street belong to

1730
01:19:58,069 --> 01:19:59,340
somebody else but the

1731
01:19:59,340 --> 01:20:03,069
city of themselves demolish that to be able to start the

1732
01:20:03,069 --> 01:20:05,220
drainage work the

1733
01:20:05,220 --> 01:20:07,850
reason that we have not done anything towards developing

1734
01:20:07,850 --> 01:20:08,739
anything to the north

1735
01:20:08,739 --> 01:20:11,520
end of our property is that we've been waiting to clear up

1736
01:20:11,520 --> 01:20:12,579
this detention pond

1737
01:20:12,579 --> 01:20:17,100
easement we have severe parking issues at the bank it's a

1738
01:20:17,100 --> 01:20:17,739
constant complaint

1739
01:20:17,739 --> 01:20:22,279
from the tenants and our idea it was to at the appropriate

1740
01:20:22,279 --> 01:20:23,739
time when the city

1741
01:20:23,739 --> 01:20:26,569
put the drainage improvements in part of their commitment

1742
01:20:26,569 --> 01:20:27,619
to us is they give us a

1743
01:20:27,619 --> 01:20:31,939
tap out of our detention pond into the new drainage system

1744
01:20:31,939 --> 01:20:33,260
at that point we can

1745
01:20:33,260 --> 01:20:36,319
fill in the detention pond and put additional parking for

1746
01:20:36,319 --> 01:20:37,020
the bank not a

1747
01:20:37,020 --> 01:20:40,739
lot maybe 12 spaces down there to be able to accommodate

1748
01:20:40,739 --> 01:20:42,420
the banks tenants

1749
01:20:42,420 --> 01:20:46,739
do that we have to modify our alternative development plan

1750
01:20:46,739 --> 01:20:47,340
and to do

1751
01:20:47,340 --> 01:20:50,399
that we need to rezone the little piece on the corner and

1752
01:20:50,399 --> 01:20:51,899
while we're at it to

1753
01:20:51,899 --> 01:20:54,720
make the landscape buffers and all the other things work

1754
01:20:54,720 --> 01:20:56,140
and the ADP revision

1755
01:20:56,140 --> 01:20:58,819
which you would see later on we need to rezone the

1756
01:20:58,819 --> 01:21:00,619
additional three pieces to

1757
01:21:00,619 --> 01:21:05,159
the top which we did not own at the time we started the

1758
01:21:05,159 --> 01:21:06,140
project we have owned

1759
01:21:06,140 --> 01:21:08,539
those properties our partnerships have owned those

1760
01:21:08,539 --> 01:21:09,779
properties for a number of

1761
01:21:09,779 --> 01:21:15,819
years so this whole thing is kind of evolves now around the

1762
01:21:15,819 --> 01:21:16,659
need for parking

1763
01:21:16,659 --> 01:21:20,859
at the bank reconstructed attention pond to parking and

1764
01:21:20,859 --> 01:21:22,380
redoing the entire

1765
01:21:22,380 --> 01:21:26,609
properties that we own into one consistent zoning and if

1766
01:21:26,609 --> 01:21:27,460
you look at

1767
01:21:27,460 --> 01:21:30,659
that one map Amy had we're kind of the only little box down

1768
01:21:30,659 --> 01:21:31,460
there that started

1769
01:21:31,460 --> 01:21:36,699
already in DCG so it was our opinion that this would be

1770
01:21:36,699 --> 01:21:38,220
something compatible

1771
01:21:38,220 --> 01:21:40,189
with the neighborhood we've been a good neighbor at the

1772
01:21:40,189 --> 01:21:41,140
bank we take good care

1773
01:21:41,140 --> 01:21:45,659
of our property anything that we construct there will be

1774
01:21:45,659 --> 01:21:46,260
constructed in

1775
01:21:46,260 --> 01:21:49,340
the fashion it would be compatible with the neighborhood

1776
01:21:49,340 --> 01:21:50,739
and we would continue

1777
01:21:50,739 --> 01:21:54,430
our efforts to be good neighbors to those people who are

1778
01:21:54,430 --> 01:21:56,420
left there I know

1779
01:21:56,420 --> 01:22:00,949
there's issues about the three little houses and taking

1780
01:22:00,949 --> 01:22:02,659
away housing stock I

1781
01:22:02,659 --> 01:22:06,409
think Amy mentioned one of the houses currently is occupied

1782
01:22:06,409 --> 01:22:08,380
by a employee of

1783
01:22:08,380 --> 01:22:11,210
one of my partners because he can't rent the house to

1784
01:22:11,210 --> 01:22:12,579
anybody else it's literally

1785
01:22:12,579 --> 01:22:17,560
falling down the second little house is empty the one on

1786
01:22:17,560 --> 01:22:19,380
Pacific and it too has

1787
01:22:19,380 --> 01:22:22,739
some structural issues and termite issues so two of those

1788
01:22:22,739 --> 01:22:23,939
houses are fairly

1789
01:22:23,939 --> 01:22:27,840
short-lived the one other one over on Myrtle is a very

1790
01:22:27,840 --> 01:22:29,420
small house and sets

1791
01:22:29,420 --> 01:22:32,159
directly across the street from the apartments and of

1792
01:22:32,159 --> 01:22:33,140
course we have two

1793
01:22:33,140 --> 01:22:36,500
houses over there that we we bought originally with the

1794
01:22:36,500 --> 01:22:37,699
bank property and

1795
01:22:37,699 --> 01:22:40,760
they are already zoned so we're not we're not here to zone

1796
01:22:40,760 --> 01:22:42,460
those we do not

1797
01:22:42,460 --> 01:22:45,920
anticipate that if we got the zoning tonight and the

1798
01:22:45,920 --> 01:22:47,699
council approval that the

1799
01:22:47,699 --> 01:22:50,520
bulldozers are drove in next month and we demolished all

1800
01:22:50,520 --> 01:22:51,260
the houses and the

1801
01:22:51,260 --> 01:22:54,449
people be sitting on the streets that's not the intent we

1802
01:22:54,449 --> 01:22:55,659
have a lot of work to

1803
01:22:55,659 --> 01:22:58,489
do we've got the detention pond to address we've got

1804
01:22:58,489 --> 01:22:59,859
planning issues to

1805
01:22:59,859 --> 01:23:02,920
address we got the alternative development plan to address

1806
01:23:02,920 --> 01:23:03,859
engineering

1807
01:23:03,859 --> 01:23:08,180
issues permitting issues so anything that happens there is

1808
01:23:08,180 --> 01:23:09,460
is on a longer

1809
01:23:09,460 --> 01:23:12,619
term other than the parking lot we'd like to get that done

1810
01:23:12,619 --> 01:23:13,100
as quickly as

1811
01:23:13,100 --> 01:23:17,420
possible but I can see that what we'd like to do would be

1812
01:23:17,420 --> 01:23:18,460
start primarily over

1813
01:23:18,460 --> 01:23:22,359
on the Pacific Street side of the properties and probably

1814
01:23:22,359 --> 01:23:23,420
construct one

1815
01:23:23,420 --> 01:23:27,109
building there see how that goes another one another

1816
01:23:27,109 --> 01:23:28,420
probably the two houses over

1817
01:23:28,420 --> 01:23:32,239
on Myrtle would be the last two that would be moved out so

1818
01:23:32,239 --> 01:23:34,020
having been at

1819
01:23:34,020 --> 01:23:37,770
this business for 40 years I'm naive enough to think I'm

1820
01:23:37,770 --> 01:23:38,979
gonna go build four

1821
01:23:38,979 --> 01:23:41,680
offices and have them leashed out in six months I see this

1822
01:23:41,680 --> 01:23:42,899
evolving out over a

1823
01:23:42,899 --> 01:23:46,649
number of years and so anybody that's in those houses will

1824
01:23:46,649 --> 01:23:47,460
have an adequate

1825
01:23:47,460 --> 01:23:51,039
amount of time to to find a relocation if in fact two of

1826
01:23:51,039 --> 01:23:52,460
the houses don't fall

1827
01:23:52,460 --> 01:23:56,329
out from under them in the meantime so I'm here to just

1828
01:23:56,329 --> 01:23:57,979
kind of clarify why

1829
01:23:57,979 --> 01:24:01,590
we're here the detention pond issue the parking issue why

1830
01:24:01,590 --> 01:24:03,180
this all needs to be

1831
01:24:03,180 --> 01:24:06,399
zoned at one time well we can't withdraw part of it do part

1832
01:24:06,399 --> 01:24:08,100
of it because it all

1833
01:24:08,100 --> 01:24:11,850
fits into how we have to work with the city on the ADP it's

1834
01:24:11,850 --> 01:24:12,779
all got to be

1835
01:24:12,779 --> 01:24:17,100
considered as one unit at least that's my understanding

1836
01:24:17,100 --> 01:24:18,420
from what we're gonna

1837
01:24:18,420 --> 01:24:21,039
have to do to be able to meet the parking requirements and

1838
01:24:21,039 --> 01:24:21,619
to meet the

1839
01:24:21,619 --> 01:24:27,479
landscape requirements setbacks etc so hopefully that will

1840
01:24:27,479 --> 01:24:28,260
help clarify a

1841
01:24:28,260 --> 01:24:33,220
little bit of what we're doing and to clarify again mr. so

1842
01:24:33,220 --> 01:24:34,140
we have no

1843
01:24:34,140 --> 01:24:36,939
intention to go it up two stories one story would be the

1844
01:24:36,939 --> 01:24:38,300
most I envision these

1845
01:24:38,300 --> 01:24:41,359
being somewhere around four thousand to five thousand

1846
01:24:41,359 --> 01:24:43,020
square foot buildings that's tends to

1847
01:24:43,020 --> 01:24:47,960
accommodate one or two tenants and again it just be single

1848
01:24:47,960 --> 01:24:49,220
story go up look

1849
01:24:49,220 --> 01:24:51,880
behind the chase bank up at University you have a similar

1850
01:24:51,880 --> 01:24:52,739
deal you got a big

1851
01:24:52,739 --> 01:24:56,170
building in the front on a major street right behind it are

1852
01:24:56,170 --> 01:24:57,220
four smaller office

1853
01:24:57,220 --> 01:25:00,310
buildings that back right up to residential housing so

1854
01:25:00,310 --> 01:25:01,220
there's a there's

1855
01:25:01,220 --> 01:25:03,829
a picture for what we're thinking about doing already on

1856
01:25:03,829 --> 01:25:05,380
the north side of town

1857
01:25:05,380 --> 01:25:11,779
so with that I'll be happy to answer any questions you all

1858
01:25:11,779 --> 01:25:12,659
I have we do have some

1859
01:25:12,659 --> 01:25:16,329
questions Mr. Smith thank you vice-chair mr. strange thank

1860
01:25:16,329 --> 01:25:16,979
you for presentation

1861
01:25:16,979 --> 01:25:19,000
actually I'm any questions for you you've answered

1862
01:25:19,000 --> 01:25:20,060
everything for me I do

1863
01:25:20,060 --> 01:25:22,800
have a question for city staff mr. Jackson if you come back

1864
01:25:22,800 --> 01:25:26,739
up please I

1865
01:25:26,739 --> 01:25:33,180
think I think I think mr. strange has 40 years of

1866
01:25:33,180 --> 01:25:34,380
development knowledge that

1867
01:25:34,380 --> 01:25:39,460
might make it hard to to make make make it make it sense to

1868
01:25:39,460 --> 01:25:40,739
me so what he's

1869
01:25:40,739 --> 01:25:45,300
saying is that they cannot do the parking lot they cannot

1870
01:25:45,300 --> 01:25:46,100
build a parking

1871
01:25:46,100 --> 01:25:49,159
lot and fill in the detention pond well they have to do

1872
01:25:49,159 --> 01:25:50,500
that through the process

1873
01:25:50,500 --> 01:25:53,630
of doing an ADP and they cannot do that unless they they re

1874
01:25:53,630 --> 01:25:54,659
zone all of these

1875
01:25:54,659 --> 01:25:57,270
parcels correct they can't do a partial rezone on the

1876
01:25:57,270 --> 01:25:58,560
southern part then fill

1877
01:25:58,560 --> 01:26:04,340
that in and then maybe come to the northern part another

1878
01:26:04,340 --> 01:26:06,619
time well I'm not

1879
01:26:06,619 --> 01:26:11,340
sure about the not being able to do that corner without

1880
01:26:11,340 --> 01:26:13,699
doing all of it I was not

1881
01:26:13,699 --> 01:26:16,760
part of the process they went through ten years ago I wasn

1882
01:26:16,760 --> 01:26:18,180
't with the city at

1883
01:26:18,180 --> 01:26:21,939
that time so I would have to look into that to see exactly

1884
01:26:21,939 --> 01:26:23,060
what the restraints

1885
01:26:23,060 --> 01:26:26,779
are okay so that but I can't happen that could the ADP that

1886
01:26:26,779 --> 01:26:27,819
currently exists

1887
01:26:27,819 --> 01:26:30,430
could have had it to where they are restrictions there are

1888
01:26:30,430 --> 01:26:31,140
restraints to

1889
01:26:31,140 --> 01:26:33,560
where they do have to rezone all of this if they want to

1890
01:26:33,560 --> 01:26:34,460
make a change to that

1891
01:26:34,460 --> 01:26:37,819
one possible I just have to take a look at the ADP well I

1892
01:26:37,819 --> 01:26:38,619
'll trust I think I'll

1893
01:26:38,619 --> 01:26:41,020
trust mr. strange that that's the way he wouldn't be up

1894
01:26:41,020 --> 01:26:42,460
here lying bold-faced to

1895
01:26:42,460 --> 01:26:47,010
us in a public hearing so okay a couple of the questions

1896
01:26:47,010 --> 01:26:48,899
the city to abandon

1897
01:26:48,899 --> 01:26:55,020
Pacific how the the process for an applicant to go through

1898
01:26:55,020 --> 01:26:55,579
and negotiate

1899
01:26:55,579 --> 01:26:59,140
that with the city what's the city opinion on abandoning

1900
01:26:59,140 --> 01:26:59,739
streets all that

1901
01:26:59,739 --> 01:27:04,779
kind of stuff they can make a they can petition to abandon

1902
01:27:04,779 --> 01:27:05,979
the street and do it

1903
01:27:05,979 --> 01:27:08,590
by separate instrument but typically that's done through a

1904
01:27:08,590 --> 01:27:09,420
plot Jerry might

1905
01:27:09,420 --> 01:27:15,289
be able to expound on that more there there is a process

1906
01:27:15,289 --> 01:27:16,779
for banks really I'm

1907
01:27:16,779 --> 01:27:22,060
not really up on it right now but there is a process for it

1908
01:27:22,060 --> 01:27:23,100
there has to be

1909
01:27:23,100 --> 01:27:26,489
negotiations with the council and real estate and

1910
01:27:26,489 --> 01:27:28,420
engineering we have to make

1911
01:27:28,420 --> 01:27:32,289
sure that there's no easements are on the industry there's

1912
01:27:32,289 --> 01:27:33,300
no utilities in the

1913
01:27:33,300 --> 01:27:37,949
street and so there's no guarantee even though there there

1914
01:27:37,949 --> 01:27:38,699
is discussion when

1915
01:27:38,699 --> 01:27:41,979
they rose we could abandon Pacific move the move everything

1916
01:27:41,979 --> 01:27:42,819
over so we're up to

1917
01:27:42,819 --> 01:27:46,979
fire code or that's all dependent upon future decisions and

1918
01:27:46,979 --> 01:27:47,619
there can there

1919
01:27:47,619 --> 01:27:51,079
that's correct legal is there a way for us to in an

1920
01:27:51,079 --> 01:27:53,260
improvement if there was an

1921
01:27:53,260 --> 01:27:56,880
approval vote put up to make this approval subject to the

1922
01:27:56,880 --> 01:27:57,779
abandoning a

1923
01:27:57,779 --> 01:28:00,609
Pacific Street is that even possible is that a restriction

1924
01:28:00,609 --> 01:28:01,539
that goes too far I

1925
01:28:01,539 --> 01:28:07,270
believe it is because you know it would be conditioning it

1926
01:28:07,270 --> 01:28:08,739
on something that may

1927
01:28:08,739 --> 01:28:12,859
or may not even happen and and it would be a discretionary

1928
01:28:12,859 --> 01:28:13,579
act with the City

1929
01:28:13,579 --> 01:28:19,789
Council it would essentially be constraining the City

1930
01:28:19,789 --> 01:28:21,779
Council it's a way

1931
01:28:21,779 --> 01:28:23,800
to take action on something that would otherwise it would

1932
01:28:23,800 --> 01:28:24,539
have discretion and

1933
01:28:24,539 --> 01:28:29,739
then on the drainage part that comes in ADP that comes in

1934
01:28:29,739 --> 01:28:30,420
the final plotting

1935
01:28:30,420 --> 01:28:34,939
plotting plotting they probably mentioned it said it a

1936
01:28:34,939 --> 01:28:35,420
couple times and

1937
01:28:35,420 --> 01:28:37,689
it could have been done different parts I want to make sure

1938
01:28:37,689 --> 01:28:38,619
it's gonna be when it

1939
01:28:38,619 --> 01:28:42,579
would be when we would see it just to make note well I don

1940
01:28:42,579 --> 01:28:43,380
't know if you

1941
01:28:43,380 --> 01:28:46,270
recall that the city had a lot of issues with drainage and

1942
01:28:46,270 --> 01:28:47,659
flooding in this area

1943
01:28:47,659 --> 01:28:55,720
back in the day and they are in the day like eight years

1944
01:28:55,720 --> 01:28:57,939
ago and they are

1945
01:28:57,939 --> 01:29:01,630
actually the city has been installing infrastructure

1946
01:29:01,630 --> 01:29:02,899
throughout that area to

1947
01:29:02,899 --> 01:29:09,689
handle the drainage and when they when they plot this this

1948
01:29:09,689 --> 01:29:11,100
this lot into the

1949
01:29:11,100 --> 01:29:16,500
entire area all the drainage will be considered okay thank

1950
01:29:16,500 --> 01:29:17,340
you Cindy

1951
01:29:17,979 --> 01:29:21,710
just a second if you can request to speak because your

1952
01:29:21,710 --> 01:29:22,979
house would be next

1953
01:29:22,979 --> 01:29:26,550
thank you guys I guess I'm still trying to get an answer to

1954
01:29:26,550 --> 01:29:27,340
what Commissioner

1955
01:29:27,340 --> 01:29:29,970
Smith did and I don't know if mr. strange maybe has that

1956
01:29:29,970 --> 01:29:31,659
answer about why

1957
01:29:31,659 --> 01:29:34,779
the why that Eagle parcel stands alone and can't be

1958
01:29:34,779 --> 01:29:36,500
developed so I'd love I

1959
01:29:36,500 --> 01:29:41,050
mean if Cindy can answer it I would love mr. strange to

1960
01:29:41,050 --> 01:29:45,020
address it please when we

1961
01:29:45,020 --> 01:29:48,979
came forward several months ago well I used to call a DRC

1962
01:29:48,979 --> 01:29:49,619
meeting I think it's

1963
01:29:49,619 --> 01:29:53,000
now called a pre-development meeting that dates me we

1964
01:29:53,000 --> 01:29:54,659
brought this whole issue

1965
01:29:54,659 --> 01:29:58,020
out about how we needed to what we needed to do to be able

1966
01:29:58,020 --> 01:29:58,939
to put parking

1967
01:29:58,939 --> 01:30:03,899
on the corner and to address the issues in the current ADP

1968
01:30:03,899 --> 01:30:05,659
the current ADP has a

1969
01:30:05,659 --> 01:30:08,880
limitation in it that we can only have X number of parking

1970
01:30:08,880 --> 01:30:10,060
places for our bank

1971
01:30:10,060 --> 01:30:15,109
and so to be able to put more parking down there where the

1972
01:30:15,109 --> 01:30:15,979
detention pond is

1973
01:30:15,979 --> 01:30:19,850
which that is part of the bank property we were trying to

1974
01:30:19,850 --> 01:30:21,420
work with the city to

1975
01:30:21,420 --> 01:30:24,510
bring in the smaller piece at the bottom down at the corner

1976
01:30:24,510 --> 01:30:25,500
of Myrtle and Eagle

1977
01:30:25,500 --> 01:30:30,050
and the three at the top and redo a rebalancing of the

1978
01:30:30,050 --> 01:30:31,899
whole property to

1979
01:30:31,899 --> 01:30:35,119
take some of the parking spaces it could be used up north

1980
01:30:35,119 --> 01:30:37,579
move them down south to

1981
01:30:37,579 --> 01:30:40,029
spread some of the landscaping requirements to the

1982
01:30:40,029 --> 01:30:40,939
properties to the

1983
01:30:40,939 --> 01:30:48,109
north as well so we were told at that time that what we

1984
01:30:48,109 --> 01:30:49,579
needed to do was to

1985
01:30:49,579 --> 01:30:54,539
rezone that corner property and read and revise our ADP and

1986
01:30:54,539 --> 01:30:56,699
that's when we put

1987
01:30:56,699 --> 01:30:59,760
all four of these properties together to be able to come

1988
01:30:59,760 --> 01:31:01,420
forward to get into ADP

1989
01:31:01,420 --> 01:31:07,449
and to provide the parking in the front of the bank so it's

1990
01:31:07,449 --> 01:31:09,220
some kind of ratio

1991
01:31:09,220 --> 01:31:12,819
with the parking and in the current ADP so you have to make

1992
01:31:12,819 --> 01:31:14,380
the footprint bigger

1993
01:31:14,380 --> 01:31:17,229
I mean that's almost what we're kind of read you to read j

1994
01:31:17,229 --> 01:31:18,140
uggling yeah we're

1995
01:31:18,140 --> 01:31:21,500
making a bigger footprint and we're taking some of the

1996
01:31:21,500 --> 01:31:22,739
parking that can be

1997
01:31:22,739 --> 01:31:25,619
attributed to the north and putting it down in front of the

1998
01:31:25,619 --> 01:31:26,420
bank because we

1999
01:31:26,420 --> 01:31:29,529
cannot put any more spaces at the bank under the current AD

2000
01:31:29,529 --> 01:31:31,000
P so if we didn't do

2001
01:31:31,000 --> 01:31:34,899
anything with a little corner lot just say we do nothing we

2002
01:31:34,899 --> 01:31:35,899
don't do anything

2003
01:31:35,899 --> 01:31:38,760
with zoning the corner we don't do anything at the top we

2004
01:31:38,760 --> 01:31:40,260
're stuck at the

2005
01:31:40,260 --> 01:31:43,369
bank about getting any more parking and or a filter we can

2006
01:31:43,369 --> 01:31:44,220
fill in the detention

2007
01:31:44,220 --> 01:31:47,279
bond but would serve no purpose we need to parking spaces

2008
01:31:47,279 --> 01:31:48,100
down there for the

2009
01:31:48,100 --> 01:31:52,310
tenants in that building we have a law firm investment firm

2010
01:31:52,310 --> 01:31:53,260
a bank and

2011
01:31:53,260 --> 01:31:56,350
insurance agents and they have constant traffic in and out

2012
01:31:56,350 --> 01:31:57,659
and we have constant

2013
01:31:57,659 --> 01:32:01,149
complaints about the parking and it's telling you there's

2014
01:32:01,149 --> 01:32:02,739
no way to do that

2015
01:32:02,739 --> 01:32:06,859
there's no way to develop that Eagle lot without trying to

2016
01:32:06,859 --> 01:32:08,300
pull in these other

2017
01:32:08,300 --> 01:32:10,909
northern parcels is that how I understand what you're

2018
01:32:10,909 --> 01:32:11,819
saying that's my

2019
01:32:11,819 --> 01:32:15,510
that's my current understanding where we are when we when

2020
01:32:15,510 --> 01:32:17,460
we bought that lot and

2021
01:32:17,460 --> 01:32:20,710
started working with the city about how we got electric

2022
01:32:20,710 --> 01:32:22,180
services and other things

2023
01:32:22,180 --> 01:32:24,789
to the rest of the building of the bank and to the

2024
01:32:24,789 --> 01:32:26,020
properties to the north

2025
01:32:26,020 --> 01:32:29,380
there's a big electrical easement that goes through part of

2026
01:32:29,380 --> 01:32:31,859
that little part on

2027
01:32:31,859 --> 01:32:36,380
Eagle and Myrtle now we just got to give them the city an

2028
01:32:36,380 --> 01:32:37,100
easement on another

2029
01:32:37,100 --> 01:32:40,829
part of it for the drainage so it gets so condensed down we

2030
01:32:40,829 --> 01:32:42,699
we are a spot on

2031
01:32:42,699 --> 01:32:46,430
the corner we can't get a curb cut into that off of either

2032
01:32:46,430 --> 01:32:47,859
Eagle or Myrtle but

2033
01:32:47,859 --> 01:32:50,659
they don't meet the setback requirements the city has so it

2034
01:32:50,659 --> 01:32:51,779
just becomes a dead

2035
01:32:51,779 --> 01:33:01,579
piece of property okay I mean that clears it up slightly I

2036
01:33:01,579 --> 01:33:02,180
appreciate it

2037
01:33:02,180 --> 01:33:04,939
thank you anybody else have a question we do

2038
01:33:04,939 --> 01:33:08,140
Chris are back thank you guys chair Virgil thanks for

2039
01:33:08,140 --> 01:33:09,739
coming down speaking

2040
01:33:09,739 --> 01:33:14,439
and I'm still a little muddy on it and I understand this

2041
01:33:14,439 --> 01:33:16,020
visit might be able to

2042
01:33:16,020 --> 01:33:18,890
add to it if she wants to come on down I'd be glad to hear

2043
01:33:18,890 --> 01:33:20,140
too but as she's

2044
01:33:20,140 --> 01:33:23,890
coming down let me answer this then what you're really

2045
01:33:23,890 --> 01:33:25,420
needing it sounds like is

2046
01:33:25,420 --> 01:33:28,590
parking spaces you don't necessarily need the offices you

2047
01:33:28,590 --> 01:33:30,039
need parking spaces

2048
01:33:30,039 --> 01:33:35,060
to meet a need for the existing clients of access bank is

2049
01:33:35,060 --> 01:33:36,779
that what I'm hearing

2050
01:33:36,779 --> 01:33:41,970
well we need the parking places but we bought we bought all

2051
01:33:41,970 --> 01:33:43,539
that property we

2052
01:33:43,539 --> 01:33:48,670
bought all with you maybe put that one exhibit back up baby

2053
01:33:48,670 --> 01:33:50,340
that shows the all

2054
01:33:53,180 --> 01:33:58,460
let me just see you one exhibit here yeah when we bought

2055
01:33:58,460 --> 01:33:59,939
the bank property

2056
01:33:59,939 --> 01:34:03,000
there were I'd have to guess a dozen properties that we

2057
01:34:03,000 --> 01:34:03,979
bought up and down

2058
01:34:03,979 --> 01:34:07,300
what was the old Carroll Boulevard remnants we bought

2059
01:34:07,300 --> 01:34:08,539
everything I'm

2060
01:34:08,539 --> 01:34:12,289
pointing you can't see oh you're pointing okay we bought

2061
01:34:12,289 --> 01:34:13,859
the area that is

2062
01:34:13,859 --> 01:34:17,340
encompassed in the bank we bought the two houses that were

2063
01:34:17,340 --> 01:34:20,539
up there that was

2064
01:34:20,539 --> 01:34:25,060
back in 2007 or eight we were not able to acquire the spot

2065
01:34:25,060 --> 01:34:26,220
down on Myrtle and

2066
01:34:26,220 --> 01:34:30,000
Eagle until maybe a year year and a half later and we had

2067
01:34:30,000 --> 01:34:32,300
already planted had

2068
01:34:32,300 --> 01:34:35,439
already got our ADP so we could not go back at that time

2069
01:34:35,439 --> 01:34:36,619
and revise it we were

2070
01:34:36,619 --> 01:34:42,000
already under construction at the bank we purchased the

2071
01:34:42,000 --> 01:34:43,420
property the first

2072
01:34:43,420 --> 01:34:46,229
property we purchased was the one immediately north of the

2073
01:34:46,229 --> 01:34:46,739
existing

2074
01:34:46,739 --> 01:34:52,500
property that we own that's 7-eleven which is on Pacific

2075
01:34:52,500 --> 01:34:55,060
Street we tried to

2076
01:34:55,060 --> 01:34:57,670
buy that initially when we bought the other property that

2077
01:34:57,670 --> 01:34:58,460
the owner would not

2078
01:34:58,460 --> 01:35:02,989
sell it to us we bought that years ago within bought the

2079
01:35:02,989 --> 01:35:03,859
little property over

2080
01:35:03,859 --> 01:35:11,229
on Myrtle and then the property up on Maple with the idea

2081
01:35:11,229 --> 01:35:12,500
in mind all the way

2082
01:35:12,500 --> 01:35:17,779
from the beginning that again we wanted to try to create a

2083
01:35:17,779 --> 01:35:19,560
corner a commercial

2084
01:35:19,560 --> 01:35:23,539
corner here on this entry into Denton so we did want to put

2085
01:35:23,539 --> 01:35:25,100
offices there that's

2086
01:35:25,100 --> 01:35:28,159
why we bought all that land the parking down here at the

2087
01:35:28,159 --> 01:35:29,739
bottom when we built

2088
01:35:29,739 --> 01:35:32,939
the building I didn't know the problem the city of you know

2089
01:35:32,939 --> 01:35:33,859
only requires a

2090
01:35:33,859 --> 01:35:36,180
certain number of parking spaces for the size of your

2091
01:35:36,180 --> 01:35:37,340
building so we were stuck

2092
01:35:37,340 --> 01:35:41,329
with that we were stuck with it the ADP the solution to it

2093
01:35:41,329 --> 01:35:42,659
came when we were

2094
01:35:42,659 --> 01:35:46,819
able to work with the city to put the easement through

2095
01:35:46,819 --> 01:35:48,340
there get the outflow

2096
01:35:48,340 --> 01:35:52,869
of that pond into the new drainage system fill that pond up

2097
01:35:52,869 --> 01:35:53,380
incorporate

2098
01:35:53,380 --> 01:35:56,789
that track now into the bank track and these other tracks

2099
01:35:56,789 --> 01:35:57,819
and then kind of

2100
01:35:57,819 --> 01:36:00,699
reapportion the parking in the landscaping environments on

2101
01:36:00,699 --> 01:36:01,260
the entire

2102
01:36:01,260 --> 01:36:04,420
property so that we can get parking down there and utilize

2103
01:36:04,420 --> 01:36:05,420
that little dead

2104
01:36:05,420 --> 01:36:09,880
corner parking is a real problem over there okay and again

2105
01:36:09,880 --> 01:36:10,659
for I let Amy say

2106
01:36:10,659 --> 01:36:15,260
anything let me I am sympathetic to the fact that you

2107
01:36:15,260 --> 01:36:16,340
bought this property with

2108
01:36:16,340 --> 01:36:19,779
the intent to develop it I totally am and I'm appreciative

2109
01:36:19,779 --> 01:36:21,100
of your development

2110
01:36:21,100 --> 01:36:24,380
here and how it wants to try and blend in and not you know

2111
01:36:24,380 --> 01:36:25,180
disturb the

2112
01:36:25,180 --> 01:36:28,729
neighborhood I'm still not convinced that this is not encro

2113
01:36:28,729 --> 01:36:29,340
ach it's gonna

2114
01:36:29,340 --> 01:36:32,399
affect this older neighborhood so that's still a concern of

2115
01:36:32,399 --> 01:36:33,539
mine but let me ask

2116
01:36:33,539 --> 01:36:38,779
this if again it seems like parking is the main concern

2117
01:36:38,779 --> 01:36:40,260
here now that you can

2118
01:36:40,260 --> 01:36:46,020
build on this tract of land down the southeast corner there

2119
01:36:46,020 --> 01:36:46,979
and this is just

2120
01:36:46,979 --> 01:36:51,939
a hypothetical isn't it possible to build an elevated

2121
01:36:51,939 --> 01:36:53,939
parking building that

2122
01:36:53,939 --> 01:36:59,260
would meet the needs of your tenants to provide the time

2123
01:36:59,260 --> 01:37:00,859
parking the number of

2124
01:37:00,859 --> 01:37:03,020
parking spaces you need two or three store you could go up

2125
01:37:03,020 --> 01:37:04,100
to 100 feet there

2126
01:37:04,100 --> 01:37:08,970
once if if it was a zone now if it was on DCG which it's

2127
01:37:08,970 --> 01:37:09,500
not right now I

2128
01:37:09,500 --> 01:37:14,659
understand that and that therein lies the dilemma but

2129
01:37:14,659 --> 01:37:18,340
saying I mean again just

2130
01:37:18,340 --> 01:37:23,659
speaking hypothetically this proposal doesn't go forward

2131
01:37:23,659 --> 01:37:25,500
down the road you're

2132
01:37:25,500 --> 01:37:30,050
able to come back and get that one corner lot on Myrtle and

2133
01:37:30,050 --> 01:37:32,380
Eagle zone DCG

2134
01:37:32,380 --> 01:37:36,420
would that address your parking problems then if you if you

2135
01:37:36,420 --> 01:37:37,539
built an elevated

2136
01:37:37,539 --> 01:37:44,140
parking building there that was what we were I'm originally

2137
01:37:44,140 --> 01:37:45,300
thinking when we had

2138
01:37:45,300 --> 01:37:48,409
the discussion a month ago at the public hearing but when

2139
01:37:48,409 --> 01:37:49,779
you look at that the

2140
01:37:49,779 --> 01:37:54,310
way that ADP is written today and the number of parking

2141
01:37:54,310 --> 01:37:55,859
spaces is locked in

2142
01:37:55,859 --> 01:37:59,590
for the bank the reason that we can get more parking spaces

2143
01:37:59,590 --> 01:38:01,300
if we developed the

2144
01:38:01,300 --> 01:38:04,189
professional offices is because you have a ratio of X

2145
01:38:04,189 --> 01:38:05,659
number of parking spaces

2146
01:38:05,659 --> 01:38:09,979
per square feet and so if we pick up 5,000 square feet to

2147
01:38:09,979 --> 01:38:11,239
the north then we

2148
01:38:11,239 --> 01:38:14,680
can take these parking spaces that are on the northern end

2149
01:38:14,680 --> 01:38:15,699
and use those to

2150
01:38:15,699 --> 01:38:19,090
park the office building not add parking to the north this

2151
01:38:19,090 --> 01:38:20,859
is an example and then

2152
01:38:20,859 --> 01:38:24,590
add parking spaces to the to the property on the south that

2153
01:38:24,590 --> 01:38:25,420
keeps the

2154
01:38:25,420 --> 01:38:29,000
number of parking spaces that are for the bank the same and

2155
01:38:29,000 --> 01:38:29,760
what we've

2156
01:38:29,760 --> 01:38:33,489
essentially done is allocated some of the existing parking

2157
01:38:33,489 --> 01:38:34,619
that's the banks

2158
01:38:34,619 --> 01:38:38,050
now but is close enough to the professional offices to park

2159
01:38:38,050 --> 01:38:38,500
them at

2160
01:38:38,500 --> 01:38:42,250
their required ratio so and we would be overall the bank

2161
01:38:42,250 --> 01:38:43,899
would not gain any

2162
01:38:43,899 --> 01:38:49,100
parking spaces those ones towards the parking requirements

2163
01:38:49,100 --> 01:38:50,939
for the the

2164
01:38:50,939 --> 01:38:53,079
professional offices and I don't have the exact

2165
01:38:53,079 --> 01:38:54,500
calculations to tell you what

2166
01:38:54,500 --> 01:38:57,649
square footage would be necessary to get 12 spaces and

2167
01:38:57,649 --> 01:38:59,659
which is roughly how many

2168
01:38:59,659 --> 01:39:03,159
we need on the south and we only need about 12 additional

2169
01:39:03,159 --> 01:39:04,060
spaces but the

2170
01:39:04,060 --> 01:39:07,140
alternative development plans one says you cannot add

2171
01:39:07,140 --> 01:39:08,460
parking spaces for the

2172
01:39:08,460 --> 01:39:13,670
bank and two it says the ADP does not speak to the parcels

2173
01:39:13,670 --> 01:39:14,739
to the north that

2174
01:39:14,739 --> 01:39:17,359
are intended to be developed in the future and so you'll

2175
01:39:17,359 --> 01:39:18,380
need an alternative

2176
01:39:18,380 --> 01:39:21,609
development plan when you're ready to do that and so and

2177
01:39:21,609 --> 01:39:22,819
when we did have our

2178
01:39:22,819 --> 01:39:25,430
pre-development meeting the conversation was there's no way

2179
01:39:25,430 --> 01:39:26,300
around an amended

2180
01:39:26,300 --> 01:39:29,989
ADP and you can't get those parking spaces on the south

2181
01:39:29,989 --> 01:39:31,380
without taking some

2182
01:39:31,380 --> 01:39:33,500
of the ones that are on the north and allocating them to

2183
01:39:33,500 --> 01:39:34,460
the office building

2184
01:39:34,460 --> 01:39:37,130
so that's why we feel like we're kind of in that spot where

2185
01:39:37,130 --> 01:39:38,100
there's there's no

2186
01:39:38,100 --> 01:39:43,069
way around there's no way to amend the ADP to get what we

2187
01:39:43,069 --> 01:39:44,380
need without adding

2188
01:39:44,380 --> 01:39:50,100
additional space for landscaping and building footage which

2189
01:39:50,100 --> 01:39:51,460
get freeze up some

2190
01:39:51,460 --> 01:39:57,260
parking okay but that still wouldn't prevent you again

2191
01:39:57,260 --> 01:39:57,779
provided that down the

2192
01:39:57,779 --> 01:40:01,380
road this one track to land on Eagle and Myrtle could be

2193
01:40:01,380 --> 01:40:03,560
zone DCG that you

2194
01:40:03,560 --> 01:40:08,340
couldn't build a parking garage there from the bank doesn't

2195
01:40:08,340 --> 01:40:08,819
have to be

2196
01:40:08,819 --> 01:40:12,180
associated with the bank but it could serve as a parking

2197
01:40:12,180 --> 01:40:14,779
facility for pretty

2198
01:40:14,779 --> 01:40:18,300
much anybody especially if it's paid parking I'm not sure

2199
01:40:18,300 --> 01:40:19,180
whether a parking

2200
01:40:19,180 --> 01:40:22,539
garage a standalone parking garage on a parcel would be an

2201
01:40:22,539 --> 01:40:23,739
allowable use or not

2202
01:40:23,739 --> 01:40:29,430
I don't know that off the top of my head we would have no

2203
01:40:29,430 --> 01:40:30,079
need to build the

2204
01:40:30,079 --> 01:40:34,199
parking garage because we only need 12 spaces okay to get

2205
01:40:34,199 --> 01:40:35,300
the 12 spaces and

2206
01:40:35,300 --> 01:40:40,859
you're saying you've got to build these garden offices

2207
01:40:40,859 --> 01:40:44,560
right in the ADP we have

2208
01:40:44,560 --> 01:40:47,380
to encompass the project as a whole as my as I understand

2209
01:40:47,380 --> 01:40:48,420
it today that was the

2210
01:40:48,420 --> 01:40:51,029
conversation that we've had with the city okay and to

2211
01:40:51,029 --> 01:40:52,220
Commissioner Ellis's

2212
01:40:52,220 --> 01:40:56,770
point that seems like a big footprint for 12 spaces but

2213
01:40:56,770 --> 01:40:59,100
again I understand that

2214
01:40:59,100 --> 01:41:03,250
when the property was bought it was in never never realized

2215
01:41:03,250 --> 01:41:04,500
you're gonna run

2216
01:41:04,500 --> 01:41:07,569
in this kind of confrontation here and just thought this

2217
01:41:07,569 --> 01:41:08,460
would go but here we

2218
01:41:08,460 --> 01:41:15,029
are and to consider anything less than this now is like an

2219
01:41:15,029 --> 01:41:17,979
obstacle there's no

2220
01:41:17,979 --> 01:41:21,350
there's no way we can make a smaller footprint again

2221
01:41:21,350 --> 01:41:22,920
without the office

2222
01:41:22,920 --> 01:41:26,500
space because again if it's just parking space as you want

2223
01:41:26,500 --> 01:41:27,939
I'm having a hard time

2224
01:41:27,939 --> 01:41:31,630
I'm not sure that I'm understanding your question I think

2225
01:41:31,630 --> 01:41:32,939
you said it's a big

2226
01:41:32,939 --> 01:41:37,779
footprint if you mean the southern tract it would remain

2227
01:41:37,779 --> 01:41:38,979
green space all the

2228
01:41:38,979 --> 01:41:43,859
northern tracks you're developing that for the sole purpose

2229
01:41:43,859 --> 01:41:45,140
of getting 12 more

2230
01:41:45,140 --> 01:41:48,899
at least 12 more parking spaces did I hear that right

2231
01:41:48,899 --> 01:41:54,420
at least 12 developing that is for development in its own

2232
01:41:54,420 --> 01:41:55,300
right to provide

2233
01:41:55,300 --> 01:41:59,899
office space downtown desirable office space to bring

2234
01:41:59,899 --> 01:42:00,819
employment density

2235
01:42:00,819 --> 01:42:04,920
downtown to support commercial and retail and in commerce

2236
01:42:04,920 --> 01:42:06,300
and it's just

2237
01:42:06,300 --> 01:42:10,029
that we can't my point is that we can't split them up into

2238
01:42:10,029 --> 01:42:11,340
where we only

2239
01:42:11,340 --> 01:42:15,029
address the parcel on the south my from my understanding

2240
01:42:15,029 --> 01:42:16,300
because we can't get

2241
01:42:16,300 --> 01:42:19,819
the amendment to the ADP we need it we can't we can't hold

2242
01:42:19,819 --> 01:42:21,079
the same parking

2243
01:42:21,079 --> 01:42:28,539
ratio and without adding office buildings okay you're in

2244
01:42:28,539 --> 01:42:29,699
between the rock and hard

2245
01:42:29,699 --> 01:42:35,779
spot I can see that okay thank you commissioner Sanchez I'm

2246
01:42:35,779 --> 01:42:36,340
not sure whose

2247
01:42:36,340 --> 01:42:39,579
questions directed to

2248
01:42:44,859 --> 01:42:50,550
we keep we keep addressing Pacific has a street but there's

2249
01:42:50,550 --> 01:42:52,060
a standard I would I

2250
01:42:52,060 --> 01:42:55,750
would think that the city has to define a street and when

2251
01:42:55,750 --> 01:42:57,180
you look when you drive

2252
01:42:57,180 --> 01:43:02,859
down that I call it an alleyway it's nothing but asphalt

2253
01:43:02,859 --> 01:43:04,220
over dirt there's no

2254
01:43:04,220 --> 01:43:09,909
standard it's falling apart so I mean it's hard for me to

2255
01:43:09,909 --> 01:43:11,020
call it a straight

2256
01:43:11,020 --> 01:43:14,109
it is a street it is public right away and that that would

2257
01:43:14,109 --> 01:43:15,300
be the definition of

2258
01:43:15,300 --> 01:43:18,380
a street is public right of way it's so old it was

2259
01:43:18,380 --> 01:43:20,100
developed before we have our

2260
01:43:20,100 --> 01:43:26,180
current street standards so it's not an improved street per

2261
01:43:26,180 --> 01:43:28,500
se no no curb and

2262
01:43:28,500 --> 01:43:31,930
gutter drainage storm drains or anything it's got big old p

2263
01:43:31,930 --> 01:43:35,859
otholes however it is

2264
01:43:35,859 --> 01:43:39,590
probably right away though that that has been around for

2265
01:43:39,590 --> 01:43:41,220
quite a while because

2266
01:43:41,220 --> 01:43:44,880
these these houses for example the house one of the houses

2267
01:43:44,880 --> 01:43:46,140
that is part of this

2268
01:43:46,140 --> 01:43:50,779
request it is over a hundred years old and that that it

2269
01:43:50,779 --> 01:43:51,939
hasn't been maintained

2270
01:43:51,939 --> 01:43:56,659
well and and so the streets been there at least that long

2271
01:43:56,659 --> 01:43:59,539
okay

2272
01:43:59,539 --> 01:44:03,710
Christopher Sullivan thank you for sure what is the the

2273
01:44:03,710 --> 01:44:05,939
number of parking spaces per

2274
01:44:05,939 --> 01:44:13,420
square foot in this for you know

2275
01:44:29,539 --> 01:44:50,050
okay this site was developed under 2002 code and that

2276
01:44:50,050 --> 01:44:54,619
requires one parking space

2277
01:44:54,619 --> 01:45:00,939
for every 300 square feet of gross floor area for a bank

2278
01:45:00,939 --> 01:45:02,939
office professional

2279
01:45:02,939 --> 01:45:08,180
office personal use service type of use okay and now for

2280
01:45:08,180 --> 01:45:10,140
the applicant what's

2281
01:45:10,140 --> 01:45:18,420
the square footage of the bank currently 30,000

2282
01:45:22,340 --> 01:45:29,539
the bank building is 30,898 square feet okay so that would

2283
01:45:29,539 --> 01:45:30,140
give you a hundred

2284
01:45:30,140 --> 01:45:36,579
hundred parking spaces correct one per 300 if it's 30,000 I

2285
01:45:36,579 --> 01:45:37,539
think my math is

2286
01:45:37,539 --> 01:45:43,329
right I don't know it's suspect it appears based on the

2287
01:45:43,329 --> 01:45:45,420
preliminary drawing

2288
01:45:45,420 --> 01:45:48,829
that we see here that you're going to have approximately 20

2289
01:45:48,829 --> 01:45:50,460
,000 square feet of

2290
01:45:50,460 --> 01:45:56,649
additional building space is that right correct but I'm

2291
01:45:56,649 --> 01:45:59,020
only counting 65 parking

2292
01:45:59,020 --> 01:46:03,539
spaces in your drawing which I know that's not accurate but

2293
01:46:03,539 --> 01:46:04,300
I'm only

2294
01:46:04,300 --> 01:46:08,619
counting 69 parking spaces from Google anyway which may or

2295
01:46:08,619 --> 01:46:09,979
may not be accurate

2296
01:46:09,979 --> 01:46:16,899
and so I'm just wondering why is it all that necessary to

2297
01:46:16,899 --> 01:46:18,060
build the buildings

2298
01:46:18,060 --> 01:46:22,590
just to get parking spaces well in other words in other

2299
01:46:22,590 --> 01:46:23,939
words why build another

2300
01:46:23,939 --> 01:46:28,979
20,000 square feet of building to get you know to double

2301
01:46:28,979 --> 01:46:30,380
the number of parking

2302
01:46:30,380 --> 01:46:34,100
spaces if that's your end goal is to get the parking spaces

2303
01:46:34,100 --> 01:46:35,659
well there's really

2304
01:46:35,659 --> 01:46:39,649
two two things here one is we bought the property to

2305
01:46:39,649 --> 01:46:40,859
develop it and build offices

2306
01:46:40,859 --> 01:46:43,489
so that that's one thing so we would be building the

2307
01:46:43,489 --> 01:46:44,859
buildings for their own

2308
01:46:44,859 --> 01:46:48,239
commercial value I will tell you in the last two years if

2309
01:46:48,239 --> 01:46:49,340
those had been built I

2310
01:46:49,340 --> 01:46:52,399
could have had two buildings full I've had two people who

2311
01:46:52,399 --> 01:46:53,300
wanted to be there

2312
01:46:53,300 --> 01:46:57,390
five thousand square foot users the bank continues to grow

2313
01:46:57,390 --> 01:46:59,859
the bank has taken one

2314
01:46:59,859 --> 01:47:04,739
of the least spaces that we had already and they're growing

2315
01:47:04,739 --> 01:47:06,659
the whole mix of

2316
01:47:06,659 --> 01:47:10,329
mr. Sullivan is that when you look at those box in the

2317
01:47:10,329 --> 01:47:12,140
yellow down there

2318
01:47:12,140 --> 01:47:17,699
but you excuse me in the blue there's no way we can use

2319
01:47:17,699 --> 01:47:20,460
that for any use at all

2320
01:47:20,460 --> 01:47:25,600
today because we cannot park on that the detention pond is

2321
01:47:25,600 --> 01:47:26,659
there electrical

2322
01:47:26,659 --> 01:47:30,739
easements there so we have we've got to somehow reconfigure

2323
01:47:30,739 --> 01:47:32,619
this whole track to

2324
01:47:32,619 --> 01:47:35,029
be able to get the parking spaces that those individual

2325
01:47:35,029 --> 01:47:35,979
losses will need and

2326
01:47:35,979 --> 01:47:40,520
let part of them bleed down to the south to that little

2327
01:47:40,520 --> 01:47:42,020
blue box so that we can

2328
01:47:42,020 --> 01:47:46,239
have parking for the bank but you know the intention is not

2329
01:47:46,239 --> 01:47:47,539
just to get parking

2330
01:47:47,539 --> 01:47:51,039
spaces the intention is also to take advantage of the

2331
01:47:51,039 --> 01:47:52,340
property that we bought

2332
01:47:52,340 --> 01:47:55,050
to build offices because there is a demand for office space

2333
01:47:55,050 --> 01:47:55,739
downtown debt

2334
01:47:55,739 --> 01:48:00,260
today okay let me ask you this this forget all the parking

2335
01:48:00,260 --> 01:48:01,260
spaces if this

2336
01:48:01,260 --> 01:48:05,779
were to be developed you're going to be adding another

2337
01:48:05,779 --> 01:48:07,020
equivalent size of the

2338
01:48:07,020 --> 01:48:10,130
bank that's there now that you're saying you need more

2339
01:48:10,130 --> 01:48:11,500
parking because of the

2340
01:48:11,500 --> 01:48:15,819
activity and that's fine however when you're coming out of

2341
01:48:15,819 --> 01:48:16,619
the bank you can

2342
01:48:16,619 --> 01:48:23,020
either go east or west on Eagle or you can go north on

2343
01:48:23,020 --> 01:48:26,779
Carroll and that's about

2344
01:48:26,779 --> 01:48:32,460
it when you move to the north and you look at Maple and Myr

2345
01:48:32,460 --> 01:48:34,340
tle those are going

2346
01:48:34,340 --> 01:48:37,699
to be the streets are going to carry the load for the

2347
01:48:37,699 --> 01:48:40,119
parking equivalent to what

2348
01:48:40,119 --> 01:48:44,220
you have now going on to a street that's half the size of

2349
01:48:44,220 --> 01:48:45,779
or a quarter of the

2350
01:48:45,779 --> 01:48:51,810
size of Carroll and in worse condition than Eagle and so my

2351
01:48:51,810 --> 01:48:54,340
concern is all

2352
01:48:54,340 --> 01:48:58,939
those people that live around there on the north side of

2353
01:48:58,939 --> 01:49:00,619
Maple you add the

2354
01:49:00,619 --> 01:49:04,750
apartment complexes that are on Myrtle all of a sudden you

2355
01:49:04,750 --> 01:49:05,779
're putting a whole

2356
01:49:05,779 --> 01:49:10,300
lot of cars coming in and out because once you come onto

2357
01:49:10,300 --> 01:49:11,180
Maple Street if you

2358
01:49:11,180 --> 01:49:16,869
turn out from your property onto Maple Street turn left you

2359
01:49:16,869 --> 01:49:18,659
can go right or

2360
01:49:18,659 --> 01:49:21,510
left I mean I guess you know what you can go right north on

2361
01:49:21,510 --> 01:49:23,659
Carroll and I

2362
01:49:23,659 --> 01:49:27,020
suppose that's a street going through this you can turn

2363
01:49:27,020 --> 01:49:28,899
left go south on the

2364
01:49:28,899 --> 01:49:35,859
Carroll with no stop lights I just see a problem that

2365
01:49:35,859 --> 01:49:36,340
people are going to

2366
01:49:36,340 --> 01:49:39,699
have that live there now that all of a sudden a whole lot

2367
01:49:39,699 --> 01:49:40,619
of cars will be

2368
01:49:40,619 --> 01:49:43,239
dumping onto those streets that weren't designed to hold

2369
01:49:43,239 --> 01:49:44,699
that many people. Well

2370
01:49:44,699 --> 01:49:47,329
that's one reason we wanted to go ahead and move Pacific

2371
01:49:47,329 --> 01:49:48,619
back and widen it so

2372
01:49:48,619 --> 01:49:52,779
that people can come out and go on to Maple go east or west

2373
01:49:52,779 --> 01:49:53,859
we also have

2374
01:49:53,859 --> 01:50:00,380
access going out over onto Myrtle Street and I would

2375
01:50:00,380 --> 01:50:01,579
anticipate that there would

2376
01:50:01,579 --> 01:50:03,699
be quite a few cars because of the way those buildings will

2377
01:50:03,699 --> 01:50:04,699
be oriented that

2378
01:50:04,699 --> 01:50:08,100
will come on down back behind the bank and exit out onto

2379
01:50:08,100 --> 01:50:09,180
Carroll on that

2380
01:50:09,180 --> 01:50:11,789
existing wide approach that we have which is not at the

2381
01:50:11,789 --> 01:50:13,420
intersection because

2382
01:50:13,420 --> 01:50:18,579
I avoid going across Myrtle you can't get across that cut

2383
01:50:18,579 --> 01:50:20,659
that's there so when

2384
01:50:20,659 --> 01:50:24,260
I'm there I drift back down and I come out either in front

2385
01:50:24,260 --> 01:50:24,859
of the building get

2386
01:50:24,859 --> 01:50:29,399
to go east or west on Eagle I just come out and get on

2387
01:50:29,399 --> 01:50:30,500
Carroll and go wherever

2388
01:50:30,500 --> 01:50:35,699
I'm going to go so and then again these are pretty much low

2389
01:50:35,699 --> 01:50:37,699
-impact offices the

2390
01:50:37,699 --> 01:50:41,199
traffic that will be there would be 8 in the morning and 5

2391
01:50:41,199 --> 01:50:42,260
in the afternoon and

2392
01:50:42,260 --> 01:50:44,439
they're closed they're not like the apartments and some of

2393
01:50:44,439 --> 01:50:45,020
the other uses

2394
01:50:45,020 --> 01:50:49,189
which are 24/7 these would be professional offices so

2395
01:50:49,189 --> 01:50:49,859
traffic could

2396
01:50:49,859 --> 01:50:52,489
pretty much be limited to early in the morning and 5 o'

2397
01:50:52,489 --> 01:50:53,699
clock in the afternoon

2398
01:50:53,699 --> 01:50:59,479
so and again as it phases in over the next five years I

2399
01:50:59,479 --> 01:51:00,979
would hope that it

2400
01:51:00,979 --> 01:51:03,020
would just be a gradual enough impact that it doesn't

2401
01:51:03,020 --> 01:51:04,380
really complicate what's

2402
01:51:04,380 --> 01:51:07,640
going on up there and we would do everything under our

2403
01:51:07,640 --> 01:51:08,779
control to make as

2404
01:51:08,779 --> 01:51:13,329
many other access points out as we could you're going to

2405
01:51:13,329 --> 01:51:14,380
have traffic with

2406
01:51:14,380 --> 01:51:17,439
whatever you do but I think that's that would be our plan

2407
01:51:17,439 --> 01:51:18,859
was to be provided as

2408
01:51:18,859 --> 01:51:21,960
many routes out wide and specific to a better route move it

2409
01:51:21,960 --> 01:51:22,699
away from the

2410
01:51:22,699 --> 01:51:25,970
intersection of Maple and Carroll to get a little more

2411
01:51:25,970 --> 01:51:28,819
stacking there and to

2412
01:51:28,819 --> 01:51:33,359
again keep these buildings below 5,000 square feet or at 5,

2413
01:51:33,359 --> 01:51:35,260
000 feet so that you

2414
01:51:35,260 --> 01:51:37,939
know you would have a minimum number of employees in there

2415
01:51:37,939 --> 01:51:38,739
I've got some other

2416
01:51:38,739 --> 01:51:41,890
5,000 square foot buildings you may have got six or eight

2417
01:51:41,890 --> 01:51:42,979
employees depending on

2418
01:51:42,979 --> 01:51:47,909
what's in there thank you I do not see any other questions

2419
01:51:47,909 --> 01:51:49,420
thank you thank you

2420
01:51:49,420 --> 01:51:54,699
I do have some cards of individuals wishing to speak yes

2421
01:51:54,699 --> 01:51:58,460
Cindy I've been

2422
01:51:58,460 --> 01:52:01,920
reading the ADP while you've been talking and I think what

2423
01:52:01,920 --> 01:52:02,739
they're talking

2424
01:52:02,739 --> 01:52:07,260
about is at the last paragraph of the ADP states the

2425
01:52:07,260 --> 01:52:08,180
approval of this

2426
01:52:08,180 --> 01:52:11,239
alternative development plan will require the applicant to

2427
01:52:11,239 --> 01:52:11,899
mean the same

2428
01:52:11,899 --> 01:52:15,140
number of approved parking spaces or fewer the same

2429
01:52:15,140 --> 01:52:16,979
landscape percentages and

2430
01:52:16,979 --> 01:52:22,140
the same canopy coverage so modifications to the approved

2431
01:52:22,140 --> 01:52:22,699
plans may

2432
01:52:22,699 --> 01:52:25,909
be made provided the landscape values do not decrease and

2433
01:52:25,909 --> 01:52:27,140
the number of parking

2434
01:52:27,140 --> 01:52:33,930
spaces and lot coverage do not increase so I think it

2435
01:52:33,930 --> 01:52:35,779
sounds like they're

2436
01:52:35,779 --> 01:52:40,310
because these sites were not part of this ADP that gives

2437
01:52:40,310 --> 01:52:41,579
them the opportunity

2438
01:52:41,579 --> 01:52:44,859
to increase landscape the lot coverage without actually

2439
01:52:44,859 --> 01:52:45,979
affecting the lot

2440
01:52:45,979 --> 01:52:49,739
that's included in the ADP that may be what they're talking

2441
01:52:49,739 --> 01:52:51,300
about it certainly

2442
01:52:51,300 --> 01:52:55,979
sounds like it thank you Cindy for that I do have a couple

2443
01:52:55,979 --> 01:52:56,619
individuals who wish

2444
01:52:56,619 --> 01:53:01,149
to speak the first one is Andy you Haas looks like he's

2445
01:53:01,149 --> 01:53:02,220
speaking in opposition

2446
01:53:02,220 --> 01:53:05,579
if you just save your name and your address for the record

2447
01:53:05,579 --> 01:53:06,739
and you'll have

2448
01:53:06,739 --> 01:53:11,260
four minutes to speak sure thank you for your time my name

2449
01:53:11,260 --> 01:53:12,939
is Andy you house one

2450
01:53:12,939 --> 01:53:17,819
zero one nine eight fireside lane 40 just wanted to clarify

2451
01:53:17,819 --> 01:53:19,100
one thing before

2452
01:53:19,100 --> 01:53:22,750
I start I did not buy this property as an investment I

2453
01:53:22,750 --> 01:53:24,500
bought this property

2454
01:53:24,500 --> 01:53:29,020
when my son was accepted to North Texas he lived there

2455
01:53:29,020 --> 01:53:30,659
while he was in university

2456
01:53:30,659 --> 01:53:35,199
and now my daughter has applied so this is not just an

2457
01:53:35,199 --> 01:53:37,140
investment property that

2458
01:53:37,140 --> 01:53:41,659
we're holding on to you can see that the house I'm sure you

2459
01:53:41,659 --> 01:53:42,260
've been by it

2460
01:53:42,260 --> 01:53:46,779
before I purchased it it was in very bad shape I put a lot

2461
01:53:46,779 --> 01:53:47,899
of money into that

2462
01:53:47,899 --> 01:53:53,020
house my neighbors unfortunately didn't do the same thing

2463
01:53:53,020 --> 01:53:54,260
they affect my

2464
01:53:54,260 --> 01:53:59,470
property value the quality of their tenants also affect my

2465
01:53:59,470 --> 01:54:01,020
tenants and that

2466
01:54:01,020 --> 01:54:07,039
seems to be an ongoing issue my biggest concerns with this

2467
01:54:07,039 --> 01:54:10,220
is privacy we put

2468
01:54:10,220 --> 01:54:13,470
this building right right adjacent to our property it abuts

2469
01:54:13,470 --> 01:54:15,739
it on two sides I

2470
01:54:15,739 --> 01:54:19,500
understand people for the most part will be during daylight

2471
01:54:19,500 --> 01:54:20,659
hours eight to five

2472
01:54:20,659 --> 01:54:26,739
that's not an issue but people looking in the backyards you

2473
01:54:26,739 --> 01:54:27,619
know affecting my

2474
01:54:27,619 --> 01:54:32,180
tenants there and my daughter who's going to be there soon

2475
01:54:32,180 --> 01:54:36,659
I thank the

2476
01:54:36,659 --> 01:54:41,500
developer for agreeing to the 30-foot one-story limitation

2477
01:54:41,500 --> 01:54:43,739
that does give me

2478
01:54:43,739 --> 01:54:49,479
some some confidence and the buffer zone that we talked

2479
01:54:49,479 --> 01:54:51,260
about that's in the

2480
01:54:51,260 --> 01:54:56,840
standard if they do move that road Pacific to adjacent to

2481
01:54:56,840 --> 01:54:57,859
our property line

2482
01:54:57,859 --> 01:55:01,250
what would that buffer look like you know would that be

2483
01:55:01,250 --> 01:55:02,539
sufficient to help

2484
01:55:02,539 --> 01:55:11,880
control the noise in the privacy of my tenants a lot of a

2485
01:55:11,880 --> 01:55:15,380
lot of my anxiety has

2486
01:55:15,380 --> 01:55:21,750
to do with my lack of confidence with the present owner you

2487
01:55:21,750 --> 01:55:22,899
can see he did not

2488
01:55:22,899 --> 01:55:26,479
maintain his property the tenants that he had in there were

2489
01:55:26,479 --> 01:55:27,539
not good tenants

2490
01:55:27,539 --> 01:55:34,439
there were not upstanding individuals of our society from

2491
01:55:34,439 --> 01:55:37,300
what went on stories my

2492
01:55:37,300 --> 01:55:40,689
son told me while he was living there people coming and

2493
01:55:40,689 --> 01:55:41,979
going all hours of the

2494
01:55:41,979 --> 01:55:46,500
night coming out to our property I don't need that with my

2495
01:55:46,500 --> 01:55:54,420
daughter there I think

2496
01:55:54,420 --> 01:55:57,239
that's I think that's about it just to summarize its

2497
01:55:57,239 --> 01:55:58,819
privacy talk with them I

2498
01:55:58,819 --> 01:56:02,579
understand you need to help the property I fully understand

2499
01:56:02,579 --> 01:56:03,739
that and I think it

2500
01:56:03,739 --> 01:56:08,520
would be better looking than what's there now but the

2501
01:56:08,520 --> 01:56:09,979
privacy then it's

2502
01:56:09,979 --> 01:56:14,619
ongoing construction Mr. Strange was talking about several

2503
01:56:14,619 --> 01:56:15,260
years of

2504
01:56:15,260 --> 01:56:24,260
construction that's a bit it's a big impact we can make

2505
01:56:24,260 --> 01:56:25,500
some you make some

2506
01:56:25,500 --> 01:56:29,250
requirements upon them I wouldn't see an issue with it but

2507
01:56:29,250 --> 01:56:32,220
again I don't have a

2508
01:56:32,220 --> 01:56:37,340
whole lot of confidence in the individual making that

2509
01:56:37,340 --> 01:56:38,140
agreement

2510
01:56:38,140 --> 01:56:41,710
we do have a couple questions customer back thank you vice-

2511
01:56:41,710 --> 01:56:42,699
chair thank you mr.

2512
01:56:42,699 --> 01:56:44,979
you all for coming out tonight speaking on this just to

2513
01:56:44,979 --> 01:56:45,979
answer your question

2514
01:56:45,979 --> 01:56:49,100
and Cindy or anybody in the city and correct me if I wrong

2515
01:56:49,100 --> 01:56:49,979
when they move

2516
01:56:49,979 --> 01:56:54,500
Pacific over next to your house that's it there's no buffer

2517
01:56:54,500 --> 01:56:55,460
that's that's the

2518
01:56:55,460 --> 01:56:59,239
street your house will be there there I don't think there'd

2519
01:56:59,239 --> 01:57:00,380
be any trees or

2520
01:57:00,380 --> 01:57:05,270
type is there any curb or sidewalk or anything it's that'd

2521
01:57:05,270 --> 01:57:06,100
be a good question

2522
01:57:06,100 --> 01:57:09,149
I know as we go forward we're trying to put sidewalks in as

2523
01:57:09,149 --> 01:57:10,100
we put new streets

2524
01:57:10,100 --> 01:57:13,220
in but I'm not sure that's gonna apply here with this as an

2525
01:57:13,220 --> 01:57:14,340
ADP so I couldn't

2526
01:57:14,340 --> 01:57:17,060
answer that for you tonight what I'm hearing from you

2527
01:57:17,060 --> 01:57:18,140
though and correct me

2528
01:57:18,140 --> 01:57:21,199
if I'm wrong you're satisfied with some of the things that

2529
01:57:21,199 --> 01:57:21,899
the developers doing

2530
01:57:21,899 --> 01:57:25,630
but overall you're opposed to this development is that

2531
01:57:25,630 --> 01:57:26,340
correct that's

2532
01:57:26,340 --> 01:57:29,810
correct okay all right thank you sir and I do have a

2533
01:57:29,810 --> 01:57:33,100
question but however I just

2534
01:57:33,100 --> 01:57:35,840
wanted to add Commissioner Beck noted if it was a redevelop

2535
01:57:35,840 --> 01:57:36,659
ment of a street

2536
01:57:36,659 --> 01:57:39,739
there would be the current requirements that could have

2537
01:57:39,739 --> 01:57:41,060
buffer trees or sidewalks

2538
01:57:41,060 --> 01:57:46,060
on a new street that's I'm sorry say it again then the new

2539
01:57:46,060 --> 01:57:51,529
entrance would not be a public street okay so it would just

2540
01:57:51,529 --> 01:57:52,340
be that like a

2541
01:57:52,340 --> 01:57:56,659
drive that's it there's nothing there's no landscape buffer

2542
01:57:56,659 --> 01:57:57,500
Cindy can clarify

2543
01:57:57,500 --> 01:58:01,640
okay right what we're moving here it won't be a street it

2544
01:58:01,640 --> 01:58:02,460
will be a driveway

2545
01:58:02,460 --> 01:58:07,350
okay and they will be required to put a type C buffer along

2546
01:58:07,350 --> 01:58:08,939
that driveway next

2547
01:58:08,939 --> 01:58:12,699
to this gentleman's property okay so it would have a type C

2548
01:58:12,699 --> 01:58:13,939
which is 15 foot

2549
01:58:13,939 --> 01:58:19,180
with trees and bushes that's right okay great thank you

2550
01:58:19,180 --> 01:58:20,220
Cindy so I stand

2551
01:58:20,220 --> 01:58:25,140
corrected mr. you guys let's go just a point of clarity and

2552
01:58:25,140 --> 01:58:25,979
again this is this

2553
01:58:25,979 --> 01:58:30,720
is a proposal in a suggestion of abandoning a public right

2554
01:58:30,720 --> 01:58:31,539
of way so

2555
01:58:31,539 --> 01:58:35,420
certainly that's not done and that's just an option in this

2556
01:58:35,420 --> 01:58:36,460
that that someone's

2557
01:58:36,460 --> 01:58:40,979
considering yes thank you for correcting that today I just

2558
01:58:40,979 --> 01:58:41,739
had one question for

2559
01:58:41,739 --> 01:58:45,140
you and actually another one popped up you mentioned that

2560
01:58:45,140 --> 01:58:46,060
there are some

2561
01:58:46,060 --> 01:58:48,220
benefits you see to the construction but I think you say

2562
01:58:48,220 --> 01:58:49,180
that you just wanted to

2563
01:58:49,180 --> 01:58:53,979
see the imposition or impose some requirements what

2564
01:58:53,979 --> 01:58:54,939
requirements do you

2565
01:58:54,939 --> 01:58:58,229
feel would be helpful that they haven't conceded to that

2566
01:58:58,229 --> 01:58:59,460
would would make you

2567
01:58:59,460 --> 01:59:06,630
feel more comfortable at the development I guess along that

2568
01:59:06,630 --> 01:59:08,939
along the decides

2569
01:59:08,939 --> 01:59:13,770
that it's about his property a privacy fence if they were

2570
01:59:13,770 --> 01:59:14,500
to put that up

2571
01:59:14,500 --> 01:59:17,560
especially during all this construction and it sounds like

2572
01:59:17,560 --> 01:59:18,619
years of construction

2573
01:59:18,619 --> 01:59:24,310
that would be an issue personally I would like to see that

2574
01:59:24,310 --> 01:59:26,100
road moved Pacific

2575
01:59:26,100 --> 01:59:29,789
moved to adjacent to my property so that I can put a

2576
01:59:29,789 --> 01:59:31,579
driveway in to get into the

2577
01:59:31,579 --> 01:59:37,380
back of my property that is helpful for me thank you there

2578
01:59:37,380 --> 01:59:37,779
's one more question

2579
01:59:37,779 --> 01:59:41,510
because there's a question here I think the years of

2580
01:59:41,510 --> 01:59:42,579
construction I think I

2581
01:59:42,579 --> 01:59:45,939
think might be confusion here years I think they're talking

2582
01:59:45,939 --> 01:59:46,939
about the years of

2583
01:59:46,939 --> 01:59:49,149
the other process in the process with they have to go

2584
01:59:49,149 --> 01:59:50,100
through with the ADP

2585
01:59:50,100 --> 01:59:52,979
change as well as the final plotting I don't think only the

2586
01:59:52,979 --> 01:59:53,979
construction will

2587
01:59:53,979 --> 01:59:57,680
take years I think it will take time so I don't think I'm

2588
01:59:57,680 --> 01:59:57,899
like years and the

2589
01:59:57,899 --> 01:59:59,630
applicant could definitely speak to that my understanding

2590
01:59:59,630 --> 02:00:00,420
from mr. strange is

2591
02:00:00,420 --> 02:00:03,300
they're gonna build one building and see how it slowly goes

2592
02:00:03,300 --> 02:00:04,180
then build another

2593
02:00:04,180 --> 02:00:07,899
one sure that's that's just common sense would you rather

2594
02:00:07,899 --> 02:00:09,220
have the current

2595
02:00:09,220 --> 02:00:13,420
existing dilapidated house and yard in tenants next to you

2596
02:00:13,420 --> 02:00:14,500
or would you rather

2597
02:00:14,500 --> 02:00:18,189
have a commercial property with commercial tenants that

2598
02:00:18,189 --> 02:00:18,939
come and go

2599
02:00:18,939 --> 02:00:24,220
between the hours eight and five I would like to see Denton

2600
02:00:24,220 --> 02:00:25,659
require these people

2601
02:00:25,659 --> 02:00:28,729
to maintain their property the way it should be maintained

2602
02:00:28,729 --> 02:00:29,859
for a hundred year

2603
02:00:29,859 --> 02:00:33,329
old house to allow that to look like that and have that

2604
02:00:33,329 --> 02:00:34,739
those type of not the

2605
02:00:34,739 --> 02:00:39,939
present tenants but the ones that he had before that that's

2606
02:00:39,939 --> 02:00:42,180
true so a perfect

2607
02:00:42,180 --> 02:00:44,619
world you'd like to see the residential tenants there now

2608
02:00:44,619 --> 02:00:45,739
but there was stricter

2609
02:00:45,739 --> 02:00:49,119
code enforcement to make those tenants yes leader and

2610
02:00:49,119 --> 02:00:51,100
concise I've had some

2611
02:00:51,100 --> 02:00:54,170
discussions with code enforcement how'd that go I don't

2612
02:00:54,170 --> 02:00:55,340
know very well I was not

2613
02:00:55,340 --> 02:00:58,539
impressed so with that in mind if you don't think code

2614
02:00:58,539 --> 02:00:59,380
enforcement's gonna do

2615
02:00:59,380 --> 02:01:03,529
anything what would you rather have I would like to see the

2616
02:01:03,529 --> 02:01:04,140
folks who are paid

2617
02:01:04,140 --> 02:01:08,380
to do their job do it okay it's fair enough I agree with

2618
02:01:08,380 --> 02:01:09,220
you I think folks

2619
02:01:09,220 --> 02:01:12,329
are paid the job should do their job but I think I just

2620
02:01:12,329 --> 02:01:13,180
want I want to

2621
02:01:13,180 --> 02:01:15,789
understand the reality of the situation we're in now so

2622
02:01:15,789 --> 02:01:16,819
thank you mr. Uos I

2623
02:01:16,819 --> 02:01:19,430
appreciate you welcome thank you thank you there's no other

2624
02:01:19,430 --> 02:01:21,380
questions no

2625
02:01:21,380 --> 02:01:37,979
other questions the next speaker is Wendy is it Rausch we

2626
02:01:37,979 --> 02:01:39,180
can we can I bump

2627
02:01:39,180 --> 02:01:50,390
you to the end we'll continue then Chris is not next just

2628
02:01:50,390 --> 02:01:51,020
one second we have

2629
02:01:51,020 --> 02:01:56,180
actually Kim McGibbon if you want to speak you to state

2630
02:01:56,180 --> 02:01:57,340
your name and your

2631
02:01:57,340 --> 02:02:03,029
address my name is Kim McKibbin it's 1306 West Hickory

2632
02:02:03,029 --> 02:02:05,140
Street I have several

2633
02:02:05,140 --> 02:02:08,520
concerns about this I was concerned about it when it first

2634
02:02:08,520 --> 02:02:09,300
came up and I

2635
02:02:09,300 --> 02:02:11,989
first saw it come across the thing I was concerned when the

2636
02:02:11,989 --> 02:02:13,020
signs weren't placed

2637
02:02:13,020 --> 02:02:17,569
properly I think that what you've got here is two separate

2638
02:02:17,569 --> 02:02:18,859
requests and for

2639
02:02:18,859 --> 02:02:23,930
expediency and whatever else reason they were they were

2640
02:02:23,930 --> 02:02:26,020
combined together I

2641
02:02:26,020 --> 02:02:33,050
disagree with miss Vessets analysis of the area in that

2642
02:02:33,050 --> 02:02:35,220
everything's already

2643
02:02:35,220 --> 02:02:38,000
there and it's all going to go commercial I know that they

2644
02:02:38,000 --> 02:02:38,579
would like

2645
02:02:38,579 --> 02:02:41,640
for it to go to commercial but it's going to be really

2646
02:02:41,640 --> 02:02:42,779
difficult to change

2647
02:02:42,779 --> 02:02:46,380
the graveyard park to a commercial investment on that

2648
02:02:46,380 --> 02:02:47,779
corner I do

2649
02:02:47,779 --> 02:02:51,229
appreciate the work that they've done there although I did

2650
02:02:51,229 --> 02:02:52,180
enjoy the houses

2651
02:02:52,180 --> 02:02:57,420
with the goats in it 34 years ago you know the bank looks

2652
02:02:57,420 --> 02:02:58,420
nice I agree with

2653
02:02:58,420 --> 02:03:02,500
that I am extremely concerned about giving up Pacific

2654
02:03:02,500 --> 02:03:04,140
Street any public

2655
02:03:04,140 --> 02:03:06,930
right-of-way at this particular point in time the

2656
02:03:06,930 --> 02:03:08,859
development of the city where

2657
02:03:08,859 --> 02:03:13,390
we are seeking out every square inch that we can get for

2658
02:03:13,390 --> 02:03:14,659
bicycle lanes and

2659
02:03:14,659 --> 02:03:18,050
sidewalks and those sorts of things to give up public right

2660
02:03:18,050 --> 02:03:19,500
-of-way anywhere in

2661
02:03:19,500 --> 02:03:22,939
the city concerns me I think that we're looking at multiple

2662
02:03:22,939 --> 02:03:24,140
things in small area

2663
02:03:24,140 --> 02:03:29,529
plans that the citizens want I do appreciate that they were

2664
02:03:29,529 --> 02:03:30,539
able to buy

2665
02:03:30,539 --> 02:03:34,210
this property with a sense of investment I am appalled that

2666
02:03:34,210 --> 02:03:35,180
they allowed the

2667
02:03:35,180 --> 02:03:39,729
property to deteriorate as landowners and the property

2668
02:03:39,729 --> 02:03:41,859
owners and it does you

2669
02:03:41,859 --> 02:03:46,380
know bring into question why would you just let it sit

2670
02:03:46,380 --> 02:03:47,659
there and rot why would

2671
02:03:47,659 --> 02:03:51,390
you allow that to happen in this neighborhood into these

2672
02:03:51,390 --> 02:03:52,420
people to these

2673
02:03:52,420 --> 02:03:57,979
neighborhoods I think that you guys have got a really

2674
02:03:57,979 --> 02:03:59,939
really tough choice on your

2675
02:03:59,939 --> 02:04:03,420
hands I understand that you've been tied up before I think

2676
02:04:03,420 --> 02:04:04,380
that there's a lot of

2677
02:04:04,380 --> 02:04:07,529
work and a lot more explanation that needs to happen on

2678
02:04:07,529 --> 02:04:08,739
this request that it

2679
02:04:08,739 --> 02:04:12,739
could be simplified it could be clarified you have parts of

2680
02:04:12,739 --> 02:04:13,659
it now where

2681
02:04:13,659 --> 02:04:17,029
if you want to move Pacific Street and surrender that I

2682
02:04:17,029 --> 02:04:18,220
think that you're

2683
02:04:18,220 --> 02:04:21,279
getting more and more into a big fat mess the more you wade

2684
02:04:21,279 --> 02:04:24,140
through it so you

2685
02:04:24,140 --> 02:04:28,670
know as a citizen who's involved in the future of Denton

2686
02:04:28,670 --> 02:04:31,699
and knowing what I don't

2687
02:04:31,699 --> 02:04:36,260
know exactly what is going to happen but this could be

2688
02:04:36,260 --> 02:04:37,779
could be handled

2689
02:04:37,779 --> 02:04:42,430
differently and more appropriately at this point in time so

2690
02:04:42,430 --> 02:04:43,619
I don't know if

2691
02:04:43,619 --> 02:04:47,350
that's for or against I would say in my if you want to ask

2692
02:04:47,350 --> 02:04:48,859
me right now am I

2693
02:04:48,859 --> 02:04:51,699
speaking for or against this particular thing as it stands

2694
02:04:51,699 --> 02:04:52,500
I would say I'm

2695
02:04:52,500 --> 02:04:56,170
standing against it okay that wasn't my question because I

2696
02:04:56,170 --> 02:04:57,460
was wondering what you

2697
02:04:57,460 --> 02:04:59,649
wrote in your cards that depends I just didn't know what

2698
02:04:59,649 --> 02:05:00,819
that's right we're going

2699
02:05:00,819 --> 02:05:04,069
and if in the planning and zoning meetings sometimes I don

2700
02:05:04,069 --> 02:05:04,899
't know if I'm

2701
02:05:04,899 --> 02:05:07,510
for or against until I hear the other people that that

2702
02:05:07,510 --> 02:05:08,739
contributing to it sure

2703
02:05:08,739 --> 02:05:12,380
so at this point Tom you can register my vote is against I

2704
02:05:12,380 --> 02:05:13,619
appreciate that thank

2705
02:05:13,619 --> 02:05:19,060
you I do not see any questions next will be Christopher and

2706
02:05:19,060 --> 02:05:20,039
I apologize in

2707
02:05:20,039 --> 02:05:25,140
advance club Bundy if you just state your name and address

2708
02:05:25,140 --> 02:05:26,100
for the record yes sir

2709
02:05:26,100 --> 02:05:30,060
my name is Christopher club Bundy my address is 418 maple

2710
02:05:30,060 --> 02:05:31,420
Street I live there

2711
02:05:31,420 --> 02:05:35,989
with my wife and my two twin eight month old girls and so I

2712
02:05:35,989 --> 02:05:37,539
have a more of like a

2713
02:05:37,539 --> 02:05:45,890
qualitative subjective input to give I've been a renter in

2714
02:05:45,890 --> 02:05:46,939
Denton for nine

2715
02:05:46,939 --> 02:05:51,460
years I've lived in several places that I would consider

2716
02:05:51,460 --> 02:05:53,739
affordable one was on

2717
02:05:53,739 --> 02:05:58,489
the corner of Hattie Street and McKinney that house has

2718
02:05:58,489 --> 02:06:00,460
been demolished I was

2719
02:06:00,460 --> 02:06:04,189
paying 775 a month two bedroom one bath that place has been

2720
02:06:04,189 --> 02:06:04,899
demolished and

2721
02:06:04,899 --> 02:06:10,590
actually office complexes were just built there I lived

2722
02:06:10,590 --> 02:06:11,979
over off of Robertson

2723
02:06:11,979 --> 02:06:15,880
Street across the street from Fred Moore High School for

2724
02:06:15,880 --> 02:06:18,619
about two years and then

2725
02:06:18,619 --> 02:06:21,260
after my wife and I got married we were lucky enough to

2726
02:06:21,260 --> 02:06:22,500
find this spot on maple

2727
02:06:22,500 --> 02:06:27,029
that we really like because we're able to have access to

2728
02:06:27,029 --> 02:06:28,260
surrounding food and

2729
02:06:28,260 --> 02:06:31,930
entertainment we take our babies in the stroller down Maple

2730
02:06:31,930 --> 02:06:33,539
Street at the at the

2731
02:06:33,539 --> 02:06:36,600
moment there's no sidewalks but the traffic is is

2732
02:06:36,600 --> 02:06:38,460
relatively light enough to

2733
02:06:38,460 --> 02:06:41,890
where that's not an issue we cruise down Maple Street and

2734
02:06:41,890 --> 02:06:43,500
take a left on

2735
02:06:43,500 --> 02:06:49,529
Pierce and we'll cruise down Highland the properties in

2736
02:06:49,529 --> 02:06:52,100
question are beautiful

2737
02:06:52,100 --> 02:06:57,289
and have tons of residential potential the property just

2738
02:06:57,289 --> 02:06:59,100
across the street from

2739
02:06:59,100 --> 02:07:02,829
us that I look into from our our front window our living

2740
02:07:02,829 --> 02:07:04,180
room window has a

2741
02:07:04,180 --> 02:07:08,710
giant pine tree and the whole the whole lot is just

2742
02:07:08,710 --> 02:07:10,619
absolutely majestic and I

2743
02:07:10,619 --> 02:07:13,510
can see a lot of potential there if the property were to

2744
02:07:13,510 --> 02:07:16,500
change ownership I am

2745
02:07:16,500 --> 02:07:19,109
speaking on behalf out of concern for neighboring

2746
02:07:19,109 --> 02:07:20,500
homeowners and tenants who

2747
02:07:20,500 --> 02:07:25,409
might experience an increase in rent due to a property tax

2748
02:07:25,409 --> 02:07:26,819
increase which

2749
02:07:26,819 --> 02:07:31,619
inevitably gets passed down to tenants like me and I also

2750
02:07:31,619 --> 02:07:33,579
just express concern

2751
02:07:33,579 --> 02:07:38,829
like I say about enjoyable and appropriate use of space I

2752
02:07:38,829 --> 02:07:39,699
think that

2753
02:07:39,699 --> 02:07:43,449
residential makes a lot of sense to me as of someone who's

2754
02:07:43,449 --> 02:07:44,579
young father

2755
02:07:44,579 --> 02:07:49,100
experiencing it firsthand and who who is really blessed to

2756
02:07:49,100 --> 02:07:50,739
be able to afford that

2757
02:07:50,739 --> 02:07:54,460
space so that's how I have to contribute thank you thank

2758
02:07:54,460 --> 02:07:55,619
you I do not see any

2759
02:07:55,619 --> 02:08:05,100
questions appreciate you speaking next will be Wendy Roush

2760
02:08:05,100 --> 02:08:08,180
if you could just

2761
02:08:08,180 --> 02:08:11,239
speak your full name and address them great my name is

2762
02:08:11,239 --> 02:08:12,500
Wendy Roush I live at

2763
02:08:12,500 --> 02:08:18,539
416 Maple Street sorry I'm short I did attend the meeting

2764
02:08:18,539 --> 02:08:20,060
feel like some of the

2765
02:08:20,060 --> 02:08:23,810
information they gave me was stretched but I'm limited in

2766
02:08:23,810 --> 02:08:25,140
time so I'm gonna

2767
02:08:25,140 --> 02:08:28,229
move through this I went door to door nobody knew the

2768
02:08:28,229 --> 02:08:29,859
meeting was going on or

2769
02:08:29,859 --> 02:08:32,539
said they saw the mailer they probably just threw it out or

2770
02:08:32,539 --> 02:08:33,199
something so no

2771
02:08:33,199 --> 02:08:36,260
one there was no neighborhood awareness of this meeting's

2772
02:08:36,260 --> 02:08:37,279
going on at all I

2773
02:08:37,279 --> 02:08:40,369
only had one day to do it from when the meeting was but I

2774
02:08:40,369 --> 02:08:41,979
talked about 30 people

2775
02:08:41,979 --> 02:08:46,560
small businesses and residents half of them really didn't

2776
02:08:46,560 --> 02:08:47,859
have an opinion

2777
02:08:47,859 --> 02:08:50,050
because they said they didn't have enough information at

2778
02:08:50,050 --> 02:08:50,979
that time the

2779
02:08:50,979 --> 02:08:53,310
other ten people I spoke with filled out the survey they

2780
02:08:53,310 --> 02:08:54,220
were a hundred percent

2781
02:08:54,220 --> 02:09:00,770
against it so I also found out some things that were pretty

2782
02:09:00,770 --> 02:09:01,260
upsetting about

2783
02:09:01,260 --> 02:09:04,989
the neighborhood I'm just gonna skip to the end so I make

2784
02:09:04,989 --> 02:09:05,819
sure I can say this

2785
02:09:05,819 --> 02:09:08,880
and then go back over some of my other points to her

2786
02:09:08,880 --> 02:09:10,060
question why didn't they

2787
02:09:10,060 --> 02:09:12,359
maintain the property as I was going around the

2788
02:09:12,359 --> 02:09:13,840
neighborhood the number one

2789
02:09:13,840 --> 02:09:17,199
complaint from the developer is as our neighborhood has

2790
02:09:17,199 --> 02:09:18,380
these torn up you know

2791
02:09:18,380 --> 02:09:21,439
these disrepair houses and it's full of convicted felons

2792
02:09:21,439 --> 02:09:23,739
but as I went to her

2793
02:09:23,739 --> 02:09:28,000
door I found all these felons and all the bad houses and

2794
02:09:28,000 --> 02:09:29,180
disrepair were owned

2795
02:09:29,180 --> 02:09:34,319
by one person John Kelso them they bought up these

2796
02:09:34,319 --> 02:09:35,500
residential properties

2797
02:09:35,500 --> 02:09:40,029
with intention to change the zone to put it DCG they packed

2798
02:09:40,029 --> 02:09:41,140
our neighborhood full

2799
02:09:41,140 --> 02:09:44,689
of felons and now they're going around telling us that our

2800
02:09:44,689 --> 02:09:45,340
neighborhood is

2801
02:09:45,340 --> 02:09:48,399
shitty and full of felons and we need them to save us by

2802
02:09:48,399 --> 02:09:49,359
tearing down the

2803
02:09:49,359 --> 02:09:53,050
houses that they caused the problem in so that was a little

2804
02:09:53,050 --> 02:09:54,819
upsetting that

2805
02:09:54,819 --> 02:09:57,880
there all these bad houses they're bringing up are their

2806
02:09:57,880 --> 02:09:58,939
own all these

2807
02:09:58,939 --> 02:10:02,989
felons are the people they ran into and now they're like we

2808
02:10:02,989 --> 02:10:03,460
got to get these

2809
02:10:03,460 --> 02:10:07,149
people out so I feel like that was manipulative but the

2810
02:10:07,149 --> 02:10:08,939
other thing is

2811
02:10:08,939 --> 02:10:12,000
there are people who've lived in those houses I spoke with

2812
02:10:12,000 --> 02:10:12,899
an old woman her

2813
02:10:12,899 --> 02:10:18,420
father built the house in 1945 and as far as the business

2814
02:10:18,420 --> 02:10:19,619
owners around there

2815
02:10:19,619 --> 02:10:24,689
go they're saying it's a tone deaf development it doesn't

2816
02:10:24,689 --> 02:10:25,460
really go this

2817
02:10:25,460 --> 02:10:28,680
if there's gonna be three colleges there and then it's part

2818
02:10:28,680 --> 02:10:29,619
of the square which

2819
02:10:29,619 --> 02:10:32,300
is entertainment and dining these office buildings aren't

2820
02:10:32,300 --> 02:10:33,439
going to offer any of

2821
02:10:33,439 --> 02:10:38,289
that to any of those people around there so it's kind of

2822
02:10:38,289 --> 02:10:39,380
just slightly

2823
02:10:39,380 --> 02:10:46,800
miscategorized and so they were all against it on that

2824
02:10:46,800 --> 02:10:49,340
trying to see them

2825
02:10:49,340 --> 02:10:53,880
but just really I feel that it is that I also realized that

2826
02:10:53,880 --> 02:10:55,220
a down Maple Street

2827
02:10:55,220 --> 02:10:58,340
up Myrtle and up Pierce on the other side most of those

2828
02:10:58,340 --> 02:10:59,380
houses have bought

2829
02:10:59,380 --> 02:11:02,439
been bought in large chunk by other developers that are

2830
02:11:02,439 --> 02:11:03,300
renting them as

2831
02:11:03,300 --> 02:11:06,939
residential now and once we flip this zone they're gonna

2832
02:11:06,939 --> 02:11:08,020
apply for their

2833
02:11:08,020 --> 02:11:11,079
change and it's gonna keep going so this will be an encro

2834
02:11:11,079 --> 02:11:11,819
achment on some

2835
02:11:11,819 --> 02:11:14,880
of these houses and that there are already people in play

2836
02:11:14,880 --> 02:11:17,220
buying up large

2837
02:11:17,220 --> 02:11:20,890
chunks so that they can apply after they get their zone

2838
02:11:20,890 --> 02:11:22,619
change so I feel like

2839
02:11:22,619 --> 02:11:25,260
that's a special part of the town a lot of the business

2840
02:11:25,260 --> 02:11:26,500
owners would like to see

2841
02:11:26,500 --> 02:11:30,220
people come back who went to UNT maintain those houses well

2842
02:11:30,220 --> 02:11:31,020
open up

2843
02:11:31,020 --> 02:11:34,630
businesses that serve the public who live here because when

2844
02:11:34,630 --> 02:11:35,739
people who live

2845
02:11:35,739 --> 02:11:39,840
in the area actually live there and own the property and

2846
02:11:39,840 --> 02:11:41,060
work in the businesses

2847
02:11:41,060 --> 02:11:44,720
there's more concern for the town as a whole as when people

2848
02:11:44,720 --> 02:11:45,539
in Houston or

2849
02:11:45,539 --> 02:11:49,569
outside people just buy it up for profit only and I'm sad

2850
02:11:49,569 --> 02:11:50,859
to say I feel like

2851
02:11:50,859 --> 02:11:53,479
that's the way Denton's going right now all the land has

2852
02:11:53,479 --> 02:11:54,579
been hoarding and bought

2853
02:11:54,579 --> 02:11:59,859
by investors and so I have said if they move the thing I

2854
02:11:59,859 --> 02:12:01,380
would be for it but

2855
02:12:01,380 --> 02:12:03,329
once I found out that they are the ones that packed the

2856
02:12:03,329 --> 02:12:04,539
neighborhood with felons

2857
02:12:04,539 --> 02:12:07,600
and let their houses fall to disrepair and then blamed it

2858
02:12:07,600 --> 02:12:08,699
on us I'm not for it

2859
02:12:08,699 --> 02:12:12,060
because I feel like that's a little underhanded but and

2860
02:12:12,060 --> 02:12:13,619
also everyone else's

2861
02:12:13,619 --> 02:12:18,149
points about traffic and everything is valid my time is up

2862
02:12:18,149 --> 02:12:19,460
thank you very much

2863
02:12:19,460 --> 02:12:24,069
I do not have any other cards but we do want to provide an

2864
02:12:24,069 --> 02:12:25,619
opportunity to anyone

2865
02:12:25,619 --> 02:12:30,489
who wants to speak and certainly do so with that we can

2866
02:12:30,489 --> 02:12:32,220
just continue on to any

2867
02:12:32,220 --> 02:12:37,039
sort of discussion amongst the commissioners and or a

2868
02:12:37,039 --> 02:12:38,739
motion Commissioner

2869
02:12:38,739 --> 02:12:43,869
Smith I think mrs. Rauch's points are valid and I really

2870
02:12:43,869 --> 02:12:44,579
appreciate you coming

2871
02:12:44,579 --> 02:12:47,189
out and doing that and more above all else I appreciate you

2872
02:12:47,189 --> 02:12:48,380
going door-to-door

2873
02:12:48,380 --> 02:12:52,340
especially especially especially if from the last time you

2874
02:12:52,340 --> 02:12:53,979
spoke you were afraid

2875
02:12:53,979 --> 02:12:57,039
of people who in your neighborhood for you to be brave

2876
02:12:57,039 --> 02:12:58,420
enough to go around and

2877
02:12:58,420 --> 02:13:03,659
do that with the with the sure hey I'm just I'm just comm

2878
02:13:03,659 --> 02:13:04,579
ending commending you

2879
02:13:04,579 --> 02:13:11,750
on your actions sure I appreciate I appreciate your

2880
02:13:11,750 --> 02:13:14,020
comments in it I'm gonna

2881
02:13:14,020 --> 02:13:16,319
make a motion for approval so we can try to get a vote on

2882
02:13:16,319 --> 02:13:17,180
this and here's my

2883
02:13:17,180 --> 02:13:20,380
reason why is not necessarily of an approval of the project

2884
02:13:20,380 --> 02:13:20,859
I think there's

2885
02:13:20,859 --> 02:13:23,470
been a lot of points made by the public that make this

2886
02:13:23,470 --> 02:13:24,579
really tough to try to

2887
02:13:24,579 --> 02:13:29,739
truly approve for in a true legal proceeding in a hung jury

2888
02:13:29,739 --> 02:13:31,180
situation when

2889
02:13:31,180 --> 02:13:34,640
there is in a court a criminal case there are six people

2890
02:13:34,640 --> 02:13:35,779
who are seeing as

2891
02:13:35,779 --> 02:13:38,420
guilty and six are seeing not as guilty a hung jury it's

2892
02:13:38,420 --> 02:13:39,739
declared as a mistrial

2893
02:13:39,739 --> 02:13:42,960
and Jerry don't kill me for trying to butchering any legal

2894
02:13:42,960 --> 02:13:44,659
comments here but

2895
02:13:44,659 --> 02:13:47,779
in a hung jury there's a mistrial is declared so that a new

2896
02:13:47,779 --> 02:13:48,460
jury can be

2897
02:13:48,460 --> 02:13:51,819
created to then come in and review the trial at that point

2898
02:13:51,819 --> 02:13:53,500
in time we as we've

2899
02:13:53,500 --> 02:13:57,949
talked about during work session but we as a commission are

2900
02:13:57,949 --> 02:13:58,979
we're hung last time

2901
02:13:58,979 --> 02:14:02,550
willing to see if we're gonna be hung this time or not if

2902
02:14:02,550 --> 02:14:04,260
we are hung then I

2903
02:14:04,260 --> 02:14:08,789
am I would like to have this go on because us as a

2904
02:14:08,789 --> 02:14:10,020
commissioner body do not

2905
02:14:10,020 --> 02:14:12,380
make make a break and approval of this we make a

2906
02:14:12,380 --> 02:14:14,140
recommendation to City Council

2907
02:14:14,140 --> 02:14:17,229
to then let them decide I would see it being prudent of us

2908
02:14:17,229 --> 02:14:18,380
as a commission to

2909
02:14:18,380 --> 02:14:23,180
pass this on with no supermajority type of procedures

2910
02:14:23,180 --> 02:14:25,619
attached to it to allow a

2911
02:14:25,619 --> 02:14:30,170
seven-person City Council to then decide with no

2912
02:14:30,170 --> 02:14:32,420
possibility for a tie to decide

2913
02:14:32,420 --> 02:14:35,779
what's gonna happen with this project I think that's pr

2914
02:14:35,779 --> 02:14:36,659
udent of us as a

2915
02:14:36,659 --> 02:14:40,020
commission and so therefore in that in mind I make my

2916
02:14:40,020 --> 02:14:42,479
motion to adopt an

2917
02:14:42,479 --> 02:14:46,199
approval with staff recommendations for conditions the

2918
02:14:46,199 --> 02:14:47,779
building height should not

2919
02:14:47,779 --> 02:14:52,100
exceed two stories or 30 feet in height as well as uses on

2920
02:14:52,100 --> 02:14:53,140
the parcel can be

2921
02:14:53,140 --> 02:14:58,859
restricted to office use only thank you for that motion

2922
02:14:58,859 --> 02:15:05,159
Commissioner Sanchez respond to the motion what I wanted to

2923
02:15:05,159 --> 02:15:06,539
do was speak on

2924
02:15:06,539 --> 02:15:14,069
the issue when I look at this city like Denton cities aren

2925
02:15:14,069 --> 02:15:15,939
't static they

2926
02:15:15,939 --> 02:15:19,510
constantly change and I think when we look at this area

2927
02:15:19,510 --> 02:15:20,899
right here if you look

2928
02:15:20,899 --> 02:15:26,590
at the two blocks that that though the one we're talking

2929
02:15:26,590 --> 02:15:27,899
about and the one east

2930
02:15:27,899 --> 02:15:30,600
which is where the what he called it where the apartments

2931
02:15:30,600 --> 02:15:31,420
have been built

2932
02:15:31,420 --> 02:15:36,020
that has all turned into commercial except there's two

2933
02:15:36,020 --> 02:15:37,500
houses except for the

2934
02:15:37,500 --> 02:15:41,819
corner lot that house has been torn down but everything

2935
02:15:41,819 --> 02:15:43,060
else within across the

2936
02:15:43,060 --> 02:15:47,000
street is commercial and when you look at the area we're

2937
02:15:47,000 --> 02:15:49,420
talking about again I

2938
02:15:49,420 --> 02:15:54,510
see us as planning for the future and I hear people talking

2939
02:15:54,510 --> 02:15:56,899
30 40 years ago we

2940
02:15:56,899 --> 02:16:00,479
had ducks walking around you know we're not living 30 40

2941
02:16:00,479 --> 02:16:01,779
years ago we're living

2942
02:16:01,779 --> 02:16:07,329
and we're trying to develop the city with future ideas this

2943
02:16:07,329 --> 02:16:08,380
whole area has

2944
02:16:08,380 --> 02:16:12,970
has really developed I've seen it in because I live in that

2945
02:16:12,970 --> 02:16:15,380
area but I mean I

2946
02:16:15,380 --> 02:16:18,840
guess I'm just saying is we have to look at what not just

2947
02:16:18,840 --> 02:16:20,300
say this is what it was

2948
02:16:20,300 --> 02:16:24,020
30 years ago but what's happening today you have Carol

2949
02:16:24,020 --> 02:16:25,399
Boulevard there you have

2950
02:16:25,399 --> 02:16:32,000
Eagle and then you've got Elm Street very heavy traffic a

2951
02:16:32,000 --> 02:16:33,299
lot of businesses

2952
02:16:33,299 --> 02:16:38,260
are going in that area so I would vote for it and that's

2953
02:16:38,260 --> 02:16:40,100
because I don't see I

2954
02:16:40,100 --> 02:16:44,020
don't see us going backwards I wanted to see the city go

2955
02:16:44,020 --> 02:16:46,260
forward and and like I

2956
02:16:46,260 --> 02:16:49,040
said the last time eventually every you know just because

2957
02:16:49,040 --> 02:16:50,540
we bought a house 30

2958
02:16:50,540 --> 02:16:54,579
years ago things change and and the community changes and

2959
02:16:54,579 --> 02:16:55,500
we have to be

2960
02:16:55,500 --> 02:16:59,190
acceptable to the fact that communities change and and

2961
02:16:59,190 --> 02:17:00,700
people are things are

2962
02:17:00,700 --> 02:17:06,500
changing in certain areas I that's all I want to say is the

2963
02:17:06,500 --> 02:17:07,899
cities are dynamic

2964
02:17:07,899 --> 02:17:12,180
and we have to look at that and plan for the future

2965
02:17:13,340 --> 02:17:18,450
Commissioner Beck thank you vice-chair I'm gonna oppose

2966
02:17:18,450 --> 02:17:20,340
this move mainly for

2967
02:17:20,340 --> 02:17:23,610
the reasons I stated and I'll say it again that this is an

2968
02:17:23,610 --> 02:17:24,860
encroachment on an

2969
02:17:24,860 --> 02:17:27,459
established neighborhood moving forward doesn't always mean

2970
02:17:27,459 --> 02:17:27,899
it has to be a

2971
02:17:27,899 --> 02:17:30,729
convert commercial development and I don't disagree that

2972
02:17:30,729 --> 02:17:31,500
office spaces

2973
02:17:31,500 --> 02:17:36,950
there's a demand for it doesn't have to be here down the

2974
02:17:36,950 --> 02:17:38,579
road this could be a

2975
02:17:38,579 --> 02:17:41,680
good development for this thing it could stop right there

2976
02:17:41,680 --> 02:17:42,700
we've done a lot of

2977
02:17:42,700 --> 02:17:46,430
people would like to believe that I think partially I do

2978
02:17:46,430 --> 02:17:47,739
too but we didn't

2979
02:17:47,739 --> 02:17:51,229
nobody knows the future for certain and what I want to send

2980
02:17:51,229 --> 02:17:52,299
a message here is

2981
02:17:52,299 --> 02:17:59,399
that we want to stop this potential encroachment before it

2982
02:17:59,399 --> 02:18:00,299
goes any further

2983
02:18:00,299 --> 02:18:03,590
because down the road again it can be used well we did this

2984
02:18:03,590 --> 02:18:04,819
year a little bit

2985
02:18:04,819 --> 02:18:08,489
more isn't gonna hurt and this is a fine old established

2986
02:18:08,489 --> 02:18:09,860
single-family

2987
02:18:09,860 --> 02:18:13,850
residential neighborhood I'd like to see the stay as it is

2988
02:18:13,850 --> 02:18:14,899
so for that reason

2989
02:18:14,899 --> 02:18:19,639
I'll be opposed in this motion and just for a point of

2990
02:18:19,639 --> 02:18:20,940
order before I call

2991
02:18:20,940 --> 02:18:23,290
Commissioner Sullivan I'm gonna go ahead and second the

2992
02:18:23,290 --> 02:18:24,940
motion and we can open

2993
02:18:24,940 --> 02:18:28,690
up for discussion Mr. Sullivan thank you I sure I like to

2994
02:18:28,690 --> 02:18:29,860
respectfully disagree

2995
02:18:29,860 --> 02:18:34,180
with Commissioner Sanchez change doesn't always have to

2996
02:18:34,180 --> 02:18:35,180
happen change doesn't

2997
02:18:35,180 --> 02:18:40,899
always have to go from one extreme to the other just

2998
02:18:40,899 --> 02:18:44,260
because the property is

2999
02:18:44,260 --> 02:18:48,040
there quote to be developed doesn't mean that it always has

3000
02:18:48,040 --> 02:18:50,579
to change from one

3001
02:18:50,579 --> 02:18:54,280
type of development to another type of development just in

3002
02:18:54,280 --> 02:18:56,340
the name of progress

3003
02:18:56,340 --> 02:19:00,069
I don't think that that's what we're here for you know is

3004
02:19:00,069 --> 02:19:02,180
this proposal in

3005
02:19:02,180 --> 02:19:05,540
keeping with the surrounding area I mean that's what we've

3006
02:19:05,540 --> 02:19:06,860
got to look at is does

3007
02:19:06,860 --> 02:19:11,090
this provide people around it comfort and knowing that they

3008
02:19:11,090 --> 02:19:12,059
're not going to be

3009
02:19:12,059 --> 02:19:17,750
slowly gobbled up by commercial buildings and I just you

3010
02:19:17,750 --> 02:19:18,260
know I think

3011
02:19:18,260 --> 02:19:23,309
that you know I just think that other things could be done

3012
02:19:23,309 --> 02:19:24,700
there could be

3013
02:19:24,700 --> 02:19:28,260
developed there mr. strange I know you've done a lot of

3014
02:19:28,260 --> 02:19:29,659
residential building and

3015
02:19:29,659 --> 02:19:34,180
and you know you've got expertise in that area I would like

3016
02:19:34,180 --> 02:19:35,180
to see something

3017
02:19:35,180 --> 02:19:39,139
we're to incorporate the old structures the old houses that

3018
02:19:39,139 --> 02:19:40,459
are there and and

3019
02:19:40,459 --> 02:19:44,049
somehow revitalize the area instead of changing it

3020
02:19:44,049 --> 02:19:46,379
completely from neighborhood

3021
02:19:46,379 --> 02:19:51,270
to business and so that's you know that's my concern that

3022
02:19:51,270 --> 02:19:52,739
we just

3023
02:19:52,739 --> 02:19:59,040
automatically defer to the developer rather than looking at

3024
02:19:59,040 --> 02:20:00,579
the greater good

3025
02:20:00,579 --> 02:20:04,700
so to speak and again this is no disparaging you know mr.

3026
02:20:04,700 --> 02:20:05,459
strange I've

3027
02:20:05,459 --> 02:20:10,819
known you a long time so it's not it's not you or it's just

3028
02:20:10,819 --> 02:20:12,139
this situation I

3029
02:20:12,139 --> 02:20:14,799
just don't I just feel like that at some point we've got to

3030
02:20:14,799 --> 02:20:17,299
say enough is enough

3031
02:20:17,299 --> 02:20:24,700
thank you mr. Ellis thank you vice-chair yeah you know I

3032
02:20:24,700 --> 02:20:26,180
can't get on board with

3033
02:20:26,180 --> 02:20:29,540
this either I appreciate the concessions of the overlay I

3034
02:20:29,540 --> 02:20:30,219
appreciate the

3035
02:20:30,219 --> 02:20:34,680
communications that you had with some of the neighbors and

3036
02:20:34,680 --> 02:20:35,739
I certainly appreciate

3037
02:20:35,739 --> 02:20:38,799
access bank and all that it does for the community I'm not

3038
02:20:38,799 --> 02:20:39,739
discounting that

3039
02:20:39,739 --> 02:20:43,610
however I can't get on board with the removal of five

3040
02:20:43,610 --> 02:20:45,420
residential homes that

3041
02:20:45,420 --> 02:20:48,909
are inhabited whether or not they're in disrepair perhaps

3042
02:20:48,909 --> 02:20:49,940
that's a code issue

3043
02:20:49,940 --> 02:20:54,520
that we need to be addressing we don't address a code issue

3044
02:20:54,520 --> 02:20:55,500
with a zoning

3045
02:20:55,500 --> 02:21:00,059
change in my opinion I understand the need for more parking

3046
02:21:00,059 --> 02:21:00,620
that's an issue

3047
02:21:00,620 --> 02:21:04,260
with many businesses but again I don't believe the way we

3048
02:21:04,260 --> 02:21:06,059
go forward here the

3049
02:21:06,059 --> 02:21:12,579
way a smart way is to grow is to displace people that's not

3050
02:21:12,579 --> 02:21:13,139
certainly what

3051
02:21:13,139 --> 02:21:16,290
I'm here to do if this was vacant land possibly I would

3052
02:21:16,290 --> 02:21:17,659
feel differently I'm

3053
02:21:17,659 --> 02:21:21,770
not sure but this encroachment gobbling up these five

3054
02:21:21,770 --> 02:21:23,579
houses whether or not two

3055
02:21:23,579 --> 02:21:28,100
of them are already zoned the way you are requesting this

3056
02:21:28,100 --> 02:21:29,620
encroachment will

3057
02:21:29,620 --> 02:21:33,180
collapse the rest of that neighborhood in very short order

3058
02:21:33,180 --> 02:21:34,780
and I just can't be

3059
02:21:34,780 --> 02:21:41,790
part of them so I'm gonna hop in here before I turn the mic

3060
02:21:41,790 --> 02:21:42,819
over to the

3061
02:21:42,819 --> 02:21:45,559
Commissioner Sanchez of first appreciate everyone coming

3062
02:21:45,559 --> 02:21:47,379
out twice now to be

3063
02:21:47,379 --> 02:21:50,489
vocal and to provide insight and context to what's

3064
02:21:50,489 --> 02:21:52,299
happening in that city block

3065
02:21:52,299 --> 02:21:57,729
and I've tried my best to take notes and understand all the

3066
02:21:57,729 --> 02:21:59,299
pros and cons and

3067
02:21:59,299 --> 02:22:03,260
kind of t-chart this out in terms of the development and so

3068
02:22:03,260 --> 02:22:04,459
with that here are my

3069
02:22:04,459 --> 02:22:08,079
thoughts I did second this I'm in support of it but but

3070
02:22:08,079 --> 02:22:09,420
here's my thoughts

3071
02:22:09,420 --> 02:22:12,879
is the city went back with the applicant and there's

3072
02:22:12,879 --> 02:22:14,579
neighborhood meetings and it

3073
02:22:14,579 --> 02:22:19,100
determined that five there's five general concerns about

3074
02:22:19,100 --> 02:22:20,299
the property so if

3075
02:22:20,299 --> 02:22:22,469
we go backwards if we're just look at them the lack of a

3076
02:22:22,469 --> 02:22:23,299
neighborhood meeting

3077
02:22:23,299 --> 02:22:25,729
with surrounding property owners the applicant did that the

3078
02:22:25,729 --> 02:22:26,500
use permitted

3079
02:22:26,500 --> 02:22:30,379
under DCG zoning district the applicant conceded to an

3080
02:22:30,379 --> 02:22:31,700
overlay that is more

3081
02:22:31,700 --> 02:22:34,840
restrictive than the dr1 that's currently there in terms of

3082
02:22:34,840 --> 02:22:36,219
height the

3083
02:22:36,219 --> 02:22:38,930
next one is the maximum height of 100 foot building was

3084
02:22:38,930 --> 02:22:40,020
concerned they addressed

3085
02:22:40,020 --> 02:22:43,379
that the proposed exit on Maple Street they try to think

3086
02:22:43,379 --> 02:22:44,620
creatively about what

3087
02:22:44,620 --> 02:22:47,010
to do with that and the first one listed was the loss of

3088
02:22:47,010 --> 02:22:48,020
affordable housing

3089
02:22:48,020 --> 02:22:51,479
shouldn't this request be permitted and that last one we

3090
02:22:51,479 --> 02:22:52,780
cannot protect with

3091
02:22:52,780 --> 02:22:56,229
this vote our vote in no way protects these five houses as

3092
02:22:56,229 --> 02:22:57,899
much as I understand

3093
02:22:57,899 --> 02:23:00,959
the position you want to protect them they could demolish

3094
02:23:00,959 --> 02:23:01,860
to as soon as the

3095
02:23:01,860 --> 02:23:05,819
least and legally they can and put up a office there or on

3096
02:23:05,819 --> 02:23:07,020
the other three

3097
02:23:07,020 --> 02:23:16,850
properties they could do duplexes home occupation they

3098
02:23:16,850 --> 02:23:19,819
could put a church lodge

3099
02:23:19,819 --> 02:23:25,510
club child care or adult daycare kindergarten or elementary

3100
02:23:25,510 --> 02:23:26,899
school they

3101
02:23:26,899 --> 02:23:30,649
can do that by right and so regardless of our vote tonight

3102
02:23:30,649 --> 02:23:32,260
in this first item

3103
02:23:32,260 --> 02:23:35,049
about loss of affordable housing I'm certainly not a prop

3104
02:23:35,049 --> 02:23:35,700
onent of getting

3105
02:23:35,700 --> 02:23:38,309
rid of hundred-year-old homes that are salvageable and we

3106
02:23:38,309 --> 02:23:39,219
can keep the history

3107
02:23:39,219 --> 02:23:43,750
alive but this this vote of not rezoning that is not a

3108
02:23:43,750 --> 02:23:44,700
protection of those five

3109
02:23:44,700 --> 02:23:49,500
homes so I just don't the the substantiation of that merit

3110
02:23:49,500 --> 02:23:50,180
is a little

3111
02:23:50,180 --> 02:23:53,700
bit lost on me in terms of us protecting that the other

3112
02:23:53,700 --> 02:23:55,180
things I heard was

3113
02:23:55,180 --> 02:23:58,940
traffic on Myrtle on the eastbound I haven't driven over

3114
02:23:58,940 --> 02:24:00,059
there but on the

3115
02:24:00,059 --> 02:24:03,780
eastbound there's a massive apartment complex that half of

3116
02:24:03,780 --> 02:24:05,059
the traffic is

3117
02:24:05,059 --> 02:24:07,479
displaced on Myrtle currently so maybe it's an issue with

3118
02:24:07,479 --> 02:24:08,420
engineering to look

3119
02:24:08,420 --> 02:24:12,969
at that street but I don't think the parking on the west

3120
02:24:12,969 --> 02:24:14,979
side from garden

3121
02:24:14,979 --> 02:24:17,680
offices is going to highly impact Myrtle more than the

3122
02:24:17,680 --> 02:24:18,940
apartment complex and

3123
02:24:18,940 --> 02:24:22,000
speaking of the apartment complex the three homes in

3124
02:24:22,000 --> 02:24:23,219
discussion that abut

3125
02:24:23,219 --> 02:24:26,690
Myrtle on the east side their front doors face a four-story

3126
02:24:26,690 --> 02:24:27,299
building right

3127
02:24:27,299 --> 02:24:29,340
now and so I don't know if we're protecting the

3128
02:24:29,340 --> 02:24:30,379
neighborhood good by

3129
02:24:30,379 --> 02:24:35,489
leaving three homes in the shadows of of dense residential

3130
02:24:35,489 --> 02:24:37,299
and so there's there's

3131
02:24:37,299 --> 02:24:41,030
a lot of things compounded in this decision and it's it's

3132
02:24:41,030 --> 02:24:41,739
not a fun

3133
02:24:41,739 --> 02:24:45,100
decision that I would I would say this is a joy like we

3134
02:24:45,100 --> 02:24:46,420
will have later tonight

3135
02:24:46,420 --> 02:24:50,170
and a vote but I think this is a necessary one it's one

3136
02:24:50,170 --> 02:24:50,700
that the

3137
02:24:50,700 --> 02:24:53,110
applicant has been working on for for ten years to try to

3138
02:24:53,110 --> 02:24:53,940
get to this point I

3139
02:24:53,940 --> 02:24:56,170
certainly understand the ADP requirement and the

3140
02:24:56,170 --> 02:24:57,180
conjunction of these two

3141
02:24:57,180 --> 02:25:01,700
properties is is what is required to allocate the parking

3142
02:25:01,700 --> 02:25:02,940
and so I think the

3143
02:25:02,940 --> 02:25:06,629
applicant has answered the call that the city has made and

3144
02:25:06,629 --> 02:25:07,979
the the citizens have

3145
02:25:07,979 --> 02:25:12,059
have put forth and done I think a stellar job of meeting

3146
02:25:12,059 --> 02:25:13,079
those things and

3147
02:25:13,079 --> 02:25:17,600
trying to provide concessions so with that again I second

3148
02:25:17,600 --> 02:25:19,180
that and then I'll

3149
02:25:19,180 --> 02:25:24,409
give it to you Commissioner Sanchez yes I just wanted to

3150
02:25:24,409 --> 02:25:26,379
mention that you know

3151
02:25:26,379 --> 02:25:29,440
we talked about affordable housing but how new housing is

3152
02:25:29,440 --> 02:25:30,420
being built here in

3153
02:25:30,420 --> 02:25:32,719
Denton all you just have to go to the north everywhere in

3154
02:25:32,719 --> 02:25:33,500
Denton you see new

3155
02:25:33,500 --> 02:25:36,260
housing being developed and as new housing gets developed

3156
02:25:36,260 --> 02:25:37,100
older

3157
02:25:37,100 --> 02:25:40,680
neighborhoods become more affordable and I think that's

3158
02:25:40,680 --> 02:25:42,260
what I believe in the

3159
02:25:42,260 --> 02:25:45,319
city being dynamic not everything is going to stay the same

3160
02:25:45,319 --> 02:25:46,620
so as the city

3161
02:25:46,620 --> 02:25:49,829
develops more housing is being created more affordable

3162
02:25:49,829 --> 02:25:51,139
housing is also being

3163
02:25:51,139 --> 02:25:54,840
created in other neighborhoods you know some neighborhoods

3164
02:25:54,840 --> 02:25:57,899
I used to live in

3165
02:25:57,899 --> 02:26:02,979
North Denton and and those areas 30 40 years ago those

3166
02:26:02,979 --> 02:26:03,940
houses were probably

3167
02:26:03,940 --> 02:26:10,299
prime people that own it own those homes you know we're of

3168
02:26:10,299 --> 02:26:12,959
had money today people

3169
02:26:12,959 --> 02:26:16,020
are buying those houses for four or five bedroom homes

3170
02:26:16,020 --> 02:26:17,340
because they were built

3171
02:26:17,340 --> 02:26:20,840
back in the 60s much cheaper and so what I'm saying is

3172
02:26:20,840 --> 02:26:22,219
things change and that's

3173
02:26:22,219 --> 02:26:27,110
what we have to look at long term Christian thank you vice

3174
02:26:27,110 --> 02:26:27,979
chair just a

3175
02:26:27,979 --> 02:26:31,719
couple of comments with regard to to your comments a no

3176
02:26:31,719 --> 02:26:36,899
vote on this does not

3177
02:26:36,899 --> 02:26:40,010
protect these homes as you said for forever but a yes vote

3178
02:26:40,010 --> 02:26:40,659
does most

3179
02:26:40,659 --> 02:26:44,440
definitely destroy them and that is what I am not willing

3180
02:26:44,440 --> 02:26:47,020
to do you know our city

3181
02:26:47,020 --> 02:26:50,809
the city doesn't just go forward with constant commercial

3182
02:26:50,809 --> 02:26:51,700
development

3183
02:26:51,700 --> 02:26:55,430
commercial development is obviously and utterly important

3184
02:26:55,430 --> 02:26:56,739
to our city's growth

3185
02:26:56,739 --> 02:27:05,100
but without citizens making it go doesn't work we have a

3186
02:27:05,100 --> 02:27:07,940
first and a second

3187
02:27:07,940 --> 02:27:11,670
I see no other request to speak so with that I will call

3188
02:27:11,670 --> 02:27:13,219
for a vote on the board

3189
02:27:13,219 --> 02:27:18,610
this is a motion to approve with the conditions set forth

3190
02:27:18,610 --> 02:27:19,940
from the city

3191
02:27:27,739 --> 02:27:37,069
the motion fails three three Commissioner Beck I move we

3192
02:27:37,069 --> 02:27:38,379
denied them

3193
02:27:38,379 --> 02:27:45,729
does the 1800 for me and do I have a second Christian Ellis

3194
02:27:45,729 --> 02:27:47,780
second

3195
02:27:47,780 --> 02:27:51,180
Commissioner Smith thank you vice chair can I ask the

3196
02:27:51,180 --> 02:27:52,020
applicant to come back to

3197
02:27:52,020 --> 02:28:01,500
the mic mr. strange please I just have a quick question for

3198
02:28:01,500 --> 02:28:03,659
you seeing as how

3199
02:28:03,659 --> 02:28:07,579
this happened last time and and and there was some ruffled

3200
02:28:07,579 --> 02:28:08,620
feathers when it

3201
02:28:08,620 --> 02:28:11,229
went to tie tie and it goes to tie tie and it looks like we

3202
02:28:11,229 --> 02:28:11,739
might have

3203
02:28:11,739 --> 02:28:14,799
ourselves another tie tie what is what do you as the

3204
02:28:14,799 --> 02:28:16,260
applicant plan to do if we

3205
02:28:16,260 --> 02:28:21,309
do become a three three tie again during this denial if we

3206
02:28:21,309 --> 02:28:22,739
if legal goes forward

3207
02:28:22,739 --> 02:28:26,129
and says just like the last time we'll have to wait and

3208
02:28:26,129 --> 02:28:27,659
have an inaction here

3209
02:28:27,659 --> 02:28:31,020
not necessarily a table but an inaction nothing can be can

3210
02:28:31,020 --> 02:28:32,139
be done on this there's

3211
02:28:32,139 --> 02:28:35,659
no motion on the floor what would what would you as

3212
02:28:35,659 --> 02:28:37,059
applicant do in the interim

3213
02:28:37,059 --> 02:28:41,379
well I don't think that's bad my priority seniors what I

3214
02:28:41,379 --> 02:28:42,100
think I'll do I

3215
02:28:42,100 --> 02:28:46,209
think your job is easy to approve it or deny it and I will

3216
02:28:46,209 --> 02:28:47,020
I'm a big I'm a big

3217
02:28:47,020 --> 02:28:49,760
guy been around a long time so I'll deal with what if your

3218
02:28:49,760 --> 02:28:51,299
decision is so if you

3219
02:28:51,299 --> 02:28:54,579
deny it I'll figure out a way but if we don't deny it if it

3220
02:28:54,579 --> 02:28:55,540
goes to a three three

3221
02:28:55,540 --> 02:28:58,600
tie again there's no way there's no action take his motion

3222
02:28:58,600 --> 02:28:59,780
was to deny of

3223
02:28:59,780 --> 02:29:03,049
course and if and if there's three commissioners who vote

3224
02:29:03,049 --> 02:29:04,700
yes to deny and

3225
02:29:04,700 --> 02:29:07,120
three commissioners who vote no to deny then there's not

3226
02:29:07,120 --> 02:29:07,979
going to be any motion

3227
02:29:07,979 --> 02:29:11,040
on this that's what it probably turns to a legal action and

3228
02:29:11,040 --> 02:29:12,100
then legal actions

3229
02:29:12,100 --> 02:29:14,420
gonna have we're gonna gonna say what they said last time

3230
02:29:14,420 --> 02:29:15,620
which is we don't

3231
02:29:15,620 --> 02:29:17,920
have a city code enforced and feel free to jump in here

3232
02:29:17,920 --> 02:29:18,899
whatever you want to

3233
02:29:18,899 --> 02:29:22,329
Jerry there is no there is no city code to enforce what

3234
02:29:22,329 --> 02:29:23,739
force there to be done

3235
02:29:23,739 --> 02:29:26,799
anything done until us as a commission are a hole to where

3236
02:29:26,799 --> 02:29:27,780
there's no longer a

3237
02:29:27,780 --> 02:29:30,590
tie available which we'll never get to because we have a

3238
02:29:30,590 --> 02:29:31,620
recusal in this case

3239
02:29:31,620 --> 02:29:42,959
well I see they're having a conference just wait a minute I

3240
02:29:42,959 --> 02:29:43,899
'm gonna ask city

3241
02:29:43,899 --> 02:29:51,379
it's a way in here for clarification okay just for clarity

3242
02:29:51,379 --> 02:29:52,219
what what has

3243
02:29:52,219 --> 02:29:56,739
happened is is that we had a motion to approve which which

3244
02:29:56,739 --> 02:29:58,200
was a three three

3245
02:29:58,200 --> 02:30:02,069
tie there is a motion on the floor which is a motion to

3246
02:30:02,069 --> 02:30:05,379
deny and if that motion

3247
02:30:05,379 --> 02:30:10,860
goes to a three three how the how the rules are written

3248
02:30:10,860 --> 02:30:12,059
today is that would

3249
02:30:12,059 --> 02:30:16,860
come back to this Commission when there is a full

3250
02:30:16,860 --> 02:30:20,340
Commission so it is somewhat

3251
02:30:20,340 --> 02:30:24,340
circular meaning that it would come back again and what

3252
02:30:24,340 --> 02:30:26,219
would happen is is again

3253
02:30:26,219 --> 02:30:29,040
because we have only six members that are going to be able

3254
02:30:29,040 --> 02:30:29,780
to vote on this

3255
02:30:29,780 --> 02:30:34,379
will be in the same position so the fact of the matter is

3256
02:30:34,379 --> 02:30:36,500
is that I think the the

3257
02:30:36,500 --> 02:30:40,229
options that exist is there's a motion on the floor if that

3258
02:30:40,229 --> 02:30:41,139
motion on the floor

3259
02:30:41,139 --> 02:30:44,569
does result in a tie then that's where it's at or another

3260
02:30:44,569 --> 02:30:45,940
motion to be made or

3261
02:30:45,940 --> 02:30:51,180
if the motion for denial passes then that would go before

3262
02:30:51,180 --> 02:30:52,540
City Council and

3263
02:30:52,540 --> 02:30:57,940
require a super majority vote for it to pass with Council

3264
02:30:57,940 --> 02:30:59,299
and I guess if I could

3265
02:30:59,299 --> 02:31:03,989
I'm sorry Mr. Strange my question is is that if last time

3266
02:31:03,989 --> 02:31:04,819
is indicative of what

3267
02:31:04,819 --> 02:31:08,079
might happen here in a minute we go to vote does the

3268
02:31:08,079 --> 02:31:09,739
applicant have any plans

3269
02:31:09,739 --> 02:31:12,489
in the interim if nothing is done and we're sitting here at

3270
02:31:12,489 --> 02:31:13,260
a time there's no

3271
02:31:13,260 --> 02:31:16,040
other motion that could be made tonight does the applicant

3272
02:31:16,040 --> 02:31:17,059
have any other plans

3273
02:31:17,059 --> 02:31:20,319
to do anything else to change their application to come

3274
02:31:20,319 --> 02:31:21,260
back before us

3275
02:31:21,260 --> 02:31:24,430
you know I think I think I can save us all a lot of heart

3276
02:31:24,430 --> 02:31:25,860
burn we burn up a lot

3277
02:31:25,860 --> 02:31:29,579
of time here we burn up a lot of people's energy I will

3278
02:31:29,579 --> 02:31:30,500
disagree with her

3279
02:31:30,500 --> 02:31:33,159
comment about nobody knowing about it the city had two mail

3280
02:31:33,159 --> 02:31:34,020
ings that went out

3281
02:31:34,020 --> 02:31:37,979
we sent out mailings on the meetings off of the city's list

3282
02:31:37,979 --> 02:31:39,299
so if nobody got three

3283
02:31:39,299 --> 02:31:42,540
letters I can't really help that I think to save the heart

3284
02:31:42,540 --> 02:31:43,219
burn why don't just

3285
02:31:43,219 --> 02:31:46,280
withdraw my motion I'll go home take a deep breath and

3286
02:31:46,280 --> 02:31:46,860
figure out what I'm gonna

3287
02:31:46,860 --> 02:31:50,469
do so appreciate your all's time we do have the right to

3288
02:31:50,469 --> 02:31:51,540
withdraw don't want

3289
02:31:51,540 --> 02:31:56,139
mr. Drake I'm sorry I asked to withdraw your application

3290
02:31:56,139 --> 02:31:58,780
yes yes I withdraw my

3291
02:31:58,780 --> 02:32:02,219
application and good night

3292
02:32:04,540 --> 02:32:08,159
so at this point city we do not need to take a vote if

3293
02:32:08,159 --> 02:32:11,700
there's been a withdrawal

3294
02:32:11,700 --> 02:32:16,229
well let me let me clarify what I just said moment the

3295
02:32:16,229 --> 02:32:17,620
application has been

3296
02:32:17,620 --> 02:32:20,979
brought forward you could certainly withdraw your

3297
02:32:20,979 --> 02:32:22,340
application that doesn't

3298
02:32:22,340 --> 02:32:27,540
necessarily mean that the city has to let go of the zoning

3299
02:32:27,540 --> 02:32:29,700
case as a result of

3300
02:32:29,700 --> 02:32:34,219
your withdrawal but the city could I mean the the the

3301
02:32:34,219 --> 02:32:34,860
Commission could go

3302
02:32:34,860 --> 02:32:39,930
ahead and decide not to proceed if that's what they chose

3303
02:32:39,930 --> 02:32:40,459
to do

3304
02:32:40,780 --> 02:32:45,780
motion on the floor is one to deny you could go ahead vote

3305
02:32:45,780 --> 02:32:47,780
on it we need a vote

3306
02:32:47,780 --> 02:32:50,549
before that we have Commissioner Smith so essentially what

3307
02:32:50,549 --> 02:32:52,100
you're saying legal

3308
02:32:52,100 --> 02:32:57,219
is that if it goes to a tie then the case is no longer no

3309
02:32:57,219 --> 02:32:58,500
one's bringing it

3310
02:32:58,500 --> 02:33:01,610
forward anymore after this tie the applicant could withdraw

3311
02:33:01,610 --> 02:33:01,860
their

3312
02:33:01,860 --> 02:33:05,450
application after this motion is right yeah it's a really

3313
02:33:05,450 --> 02:33:07,040
unusual case that if

3314
02:33:07,040 --> 02:33:10,770
the city wanted to continue on with zoning the the property

3315
02:33:10,770 --> 02:33:11,540
even if the

3316
02:33:11,540 --> 02:33:14,600
applicant doesn't want to that they theoretically they

3317
02:33:14,600 --> 02:33:15,420
could do that and I

3318
02:33:15,420 --> 02:33:18,200
think that's what mr. strange was asking I don't think that

3319
02:33:18,200 --> 02:33:19,260
that's likely to

3320
02:33:19,260 --> 02:33:26,659
happen okay I do have one more question mr. strange if if

3321
02:33:26,659 --> 02:33:29,860
we pass a denial if I

3322
02:33:29,860 --> 02:33:34,420
was to switch my vote you would go directly to City Council

3323
02:33:34,420 --> 02:33:36,780
and roll the

3324
02:33:36,780 --> 02:33:39,389
dice there is that of any interest to you to at least get

3325
02:33:39,389 --> 02:33:40,340
to council because

3326
02:33:40,340 --> 02:33:43,770
as it stands it's either we will and effectively withdraw

3327
02:33:43,770 --> 02:33:44,780
it for a period of

3328
02:33:44,780 --> 02:33:48,729
time or we can push you to council if you'd prefer that I'd

3329
02:33:48,729 --> 02:33:49,379
love your your

3330
02:33:49,379 --> 02:33:52,219
feedback on that I don't think that there would be much

3331
02:33:52,219 --> 02:33:53,020
future for me to go

3332
02:33:53,020 --> 02:33:55,389
to council for a supermajority okay I think I'd just be

3333
02:33:55,389 --> 02:33:56,420
right back where I am

3334
02:33:56,420 --> 02:33:59,860
here so I think I'll just whatever the next steps mr. Drake

3335
02:33:59,860 --> 02:34:00,659
are necessary to

3336
02:34:00,659 --> 02:34:03,719
withdraw either before or after the vote I don't want to

3337
02:34:03,719 --> 02:34:04,459
get stuck in a deal

3338
02:34:04,459 --> 02:34:08,620
where I can't move anywhere for one year so I guess I've

3339
02:34:08,620 --> 02:34:10,260
since this is confused

3340
02:34:10,260 --> 02:34:13,860
and I'm not a lawyer I would ask for your guidance if I do

3341
02:34:13,860 --> 02:34:14,819
was your do I have

3342
02:34:14,819 --> 02:34:18,180
to wait for a year before I come back well I think that

3343
02:34:18,180 --> 02:34:19,219
depends on what the

3344
02:34:19,219 --> 02:34:22,280
city decides to do I like I said I think that technically

3345
02:34:22,280 --> 02:34:23,940
the city could elect

3346
02:34:23,940 --> 02:34:27,149
proceed with the zoning case I don't see that happening

3347
02:34:27,149 --> 02:34:28,760
when we're got at a 3-3

3348
02:34:28,760 --> 02:34:34,879
impasse I'm not seeing a whole lot of desire for the city

3349
02:34:34,879 --> 02:34:36,979
to to take control

3350
02:34:36,979 --> 02:34:41,180
of this and to push for some kind of a decision on this at

3351
02:34:41,180 --> 02:34:42,659
the City Council I

3352
02:34:42,659 --> 02:34:46,100
think that effectively your withdrawal is going to withdraw

3353
02:34:46,100 --> 02:34:47,260
the case and it

3354
02:34:47,260 --> 02:34:54,049
will not stop you from reapplying okay yes Scott and Jerry

3355
02:34:54,049 --> 02:34:55,020
is it necessary to

3356
02:34:55,020 --> 02:34:58,100
vote on this or may the question be withdrawn or that

3357
02:34:58,100 --> 02:34:59,379
excuse me the motion

3358
02:34:59,379 --> 02:35:02,270
be withdrawn the motion could be withdrawn if that's the

3359
02:35:02,270 --> 02:35:03,540
desire of the

3360
02:35:03,540 --> 02:35:08,319
move at commissioner back would you like to proceed with

3361
02:35:08,319 --> 02:35:09,299
the motion or would you

3362
02:35:09,299 --> 02:35:14,510
like to withdraw the motion thank you just as a matter of

3363
02:35:14,510 --> 02:35:15,860
course you stay with

3364
02:35:15,860 --> 02:35:20,549
the motion and then if he still decides to withdraw it he

3365
02:35:20,549 --> 02:35:21,780
can at that time but

3366
02:35:21,780 --> 02:35:24,989
yeah I want to proceed with the motion okay we have a first

3367
02:35:24,989 --> 02:35:26,420
and second seeing

3368
02:35:26,420 --> 02:35:29,030
no discussion we'll call vote in the board this is a motion

3369
02:35:29,030 --> 02:35:30,940
to deny so a yes

3370
02:35:30,940 --> 02:35:35,420
is to deny a no is to reject the denial

3371
02:35:41,899 --> 02:35:45,040
that motion fails 3-3 at this time the Plans Oath of

3372
02:35:45,040 --> 02:35:48,860
Meeting Commission will take

3373
02:35:48,860 --> 02:35:56,899
no action on the item that will move us to agenda item 4b

3374
02:35:56,899 --> 02:36:00,340
which is ADP 18-0002

3375
02:36:00,340 --> 02:36:04,180
and Ron Magenta will present

3376
02:36:15,180 --> 02:36:18,270
thank you by share members of the Commission this request

3377
02:36:18,270 --> 02:36:19,180
is for property

3378
02:36:19,180 --> 02:36:22,420
located on Bonnie brain North Bar and Bray on property

3379
02:36:22,420 --> 02:36:23,899
approximately point four

3380
02:36:23,899 --> 02:36:27,629
seven one acres approximately 200 feet just south of Emory

3381
02:36:27,629 --> 02:36:30,260
Street the applicant

3382
02:36:30,260 --> 02:36:34,809
is requesting a an alternative development plan that is to

3383
02:36:34,809 --> 02:36:35,420
develop a

3384
02:36:35,420 --> 02:36:40,540
medical building unfortunately due to the site constraints

3385
02:36:40,540 --> 02:36:42,180
lot configuration as

3386
02:36:42,180 --> 02:36:45,559
well as easements the applicant is requesting to deviate

3387
02:36:45,559 --> 02:36:47,100
from four sections

3388
02:36:47,100 --> 02:36:51,620
of the development code those sections are listed here they

3389
02:36:51,620 --> 02:36:52,260
address buffer

3390
02:36:52,260 --> 02:36:56,010
requirements parking requirements landscaping and screening

3391
02:36:56,010 --> 02:36:57,260
requirements per

3392
02:36:57,260 --> 02:37:02,500
parking in front as well as tree tree requirements the

3393
02:37:02,500 --> 02:37:04,100
first deviation is

3394
02:37:04,100 --> 02:37:08,229
buffer requirements the code requires a type C for property

3395
02:37:08,229 --> 02:37:09,180
that is a non

3396
02:37:09,180 --> 02:37:12,620
residential use adjacent to a residential use and that

3397
02:37:12,620 --> 02:37:14,739
requirement is 10 trees and

3398
02:37:14,739 --> 02:37:20,540
43 shrubs the applicant is as part of their mitigation

3399
02:37:20,540 --> 02:37:22,100
award request is to

3400
02:37:22,100 --> 02:37:28,239
plant five trees that are acceptable under DME's acceptable

3401
02:37:28,239 --> 02:37:29,940
tree list the

3402
02:37:29,940 --> 02:37:34,399
second is parking in front per the development code parking

3403
02:37:34,399 --> 02:37:35,139
is not permitted

3404
02:37:35,139 --> 02:37:39,100
in the front rather it is only permitted in the rear or

3405
02:37:39,100 --> 02:37:40,420
side for certain

3406
02:37:40,420 --> 02:37:44,059
situations and in this case this falls under that situation

3407
02:37:44,059 --> 02:37:45,100
the applicant is

3408
02:37:45,100 --> 02:37:51,940
requesting to place one row parking an alternative or

3409
02:37:51,940 --> 02:37:53,500
mitigation to that is

3410
02:37:53,500 --> 02:37:59,190
planting eight three trees as well as a berm shrub and tall

3411
02:37:59,190 --> 02:38:00,899
grass along the front

3412
02:38:00,899 --> 02:38:06,979
as shown here on this exhibit screening standards as

3413
02:38:06,979 --> 02:38:08,180
relates to parking front

3414
02:38:08,180 --> 02:38:13,170
also the applicant is requesting an alternative requirement

3415
02:38:13,170 --> 02:38:14,579
is to propose

3416
02:38:14,579 --> 02:38:21,209
or to provide a 15-foot landscape area some large trees and

3417
02:38:21,209 --> 02:38:22,899
other requirements

3418
02:38:22,899 --> 02:38:25,739
the applicant is not able to meet all those requirements

3419
02:38:25,739 --> 02:38:27,459
they are proposing to

3420
02:38:27,459 --> 02:38:32,629
plant trees a shrub a berm and tall grasses as well to help

3421
02:38:32,629 --> 02:38:34,020
screen for the

3422
02:38:34,020 --> 02:38:39,540
parking your front and lastly the fourth deviation to the

3423
02:38:39,540 --> 02:38:41,059
code is the street

3424
02:38:41,059 --> 02:38:46,459
requirements the applicant is proposing to plant five trees

3425
02:38:46,459 --> 02:38:48,540
where DME has

3426
02:38:48,540 --> 02:38:53,180
allowed them to go ahead and propose those trees as long as

3427
02:38:53,180 --> 02:38:54,139
they meet the

3428
02:38:54,139 --> 02:39:00,030
trees that are acceptable by them this again is more or

3429
02:39:00,030 --> 02:39:02,860
less on the on the

3430
02:39:02,860 --> 02:39:07,159
fence but we want it included in the ADP just to make sure

3431
02:39:07,159 --> 02:39:07,739
that we have the

3432
02:39:07,739 --> 02:39:14,139
design correct with that staff did any criteria or analysis

3433
02:39:14,139 --> 02:39:14,860
of the criteria of

3434
02:39:14,860 --> 02:39:19,379
approval and is recommending approval based on those

3435
02:39:19,379 --> 02:39:20,659
criteria and I'll be

3436
02:39:20,659 --> 02:39:24,389
happy to stand for any questions the applicant is here as

3437
02:39:24,389 --> 02:39:25,739
well and would be

3438
02:39:25,739 --> 02:39:29,469
able to answer questions we do have one question

3439
02:39:29,469 --> 02:39:30,420
Commissioner Smith do you have a

3440
02:39:30,420 --> 02:39:36,500
chance to I did yes I looked at the the proposed proposed

3441
02:39:36,500 --> 02:39:37,659
development code there

3442
02:39:37,659 --> 02:39:42,180
is a provision that allows the director the ability to

3443
02:39:42,180 --> 02:39:43,659
prove an alternative

3444
02:39:43,659 --> 02:39:48,209
landscape plan which would address three of the four

3445
02:39:48,209 --> 02:39:50,420
parking is still going to be

3446
02:39:50,420 --> 02:39:54,940
required to be on the side or rear but other than that

3447
02:39:54,940 --> 02:39:55,819
everything else could be

3448
02:39:55,819 --> 02:39:59,010
addressed with if this development code that is being

3449
02:39:59,010 --> 02:40:00,860
proposed will pass there

3450
02:40:00,860 --> 02:40:05,409
is again that alternative landscape provision thank you

3451
02:40:05,409 --> 02:40:07,219
wrong I do not see

3452
02:40:07,219 --> 02:40:11,780
any other questions thank you the applicant is here mr. Lee

3453
02:40:11,780 --> 02:40:13,579
Allison do you

3454
02:40:13,579 --> 02:40:16,290
speak your name and your address for the record you will

3455
02:40:16,290 --> 02:40:17,659
have ten minutes to

3456
02:40:17,659 --> 02:40:47,620
speak from beginning there we go

3457
02:40:47,620 --> 02:40:50,459
good evening I'm Lee Allison with Allison engineering group

3458
02:40:50,459 --> 02:40:51,459
with me this

3459
02:40:51,459 --> 02:40:55,360
evening is Lance Hordorf our project manager Kent Key could

3460
02:40:55,360 --> 02:40:56,620
not be here at

3461
02:40:56,620 --> 02:40:59,860
the moment Ron has done an excellent job I'm certainly not

3462
02:40:59,860 --> 02:41:00,420
going to use ten

3463
02:41:00,420 --> 02:41:04,149
minutes I'd like to fill in a few gaps this slide helps

3464
02:41:04,149 --> 02:41:05,420
demonstrate the

3465
02:41:05,420 --> 02:41:09,940
restrictions that we're up against to the north and I'm

3466
02:41:09,940 --> 02:41:10,819
sorry to the top of

3467
02:41:10,819 --> 02:41:15,340
this page to the east there is a 15-foot alley as mr. Beck

3468
02:41:15,340 --> 02:41:16,420
noted in the session

3469
02:41:16,420 --> 02:41:20,620
it is more like a swale but it is legally a dedicated alley

3470
02:41:20,620 --> 02:41:21,459
does not carry

3471
02:41:21,459 --> 02:41:26,459
traffic it has wastewater in it and it has electric utility

3472
02:41:26,459 --> 02:41:27,379
electric

3473
02:41:27,379 --> 02:41:30,270
distribution line versus the electric transmission lines

3474
02:41:30,270 --> 02:41:31,379
that are in the front

3475
02:41:31,379 --> 02:41:35,899
the green at the top of the page is a 15-foot electric eas

3476
02:41:35,899 --> 02:41:37,180
ement is the green

3477
02:41:37,180 --> 02:41:41,270
at the bottom of page a little history as Bonnie Bray

3478
02:41:41,270 --> 02:41:42,940
electric system was put in

3479
02:41:42,940 --> 02:41:45,770
and the large transmission lines were put in at the time I

3480
02:41:45,770 --> 02:41:46,739
don't think there

3481
02:41:46,739 --> 02:41:51,639
was a realization that structures could not be built within

3482
02:41:51,639 --> 02:41:53,739
35 feet of the pole

3483
02:41:53,739 --> 02:41:57,459
line of transmissions or 17 and a half feet of the pole

3484
02:41:57,459 --> 02:41:59,219
line of distribution

3485
02:41:59,219 --> 02:42:03,739
lines so when you put a pole in an easement right next to

3486
02:42:03,739 --> 02:42:04,579
the easement line

3487
02:42:04,579 --> 02:42:08,309
you're taking part of that person's property as a result

3488
02:42:08,309 --> 02:42:09,420
the city went back

3489
02:42:09,420 --> 02:42:12,569
through there and purchased easements those green strips

3490
02:42:12,569 --> 02:42:13,940
primarily to help

3491
02:42:13,940 --> 02:42:17,319
preserve and make correct the taking of the property that

3492
02:42:17,319 --> 02:42:18,299
occurred by the

3493
02:42:18,299 --> 02:42:22,030
placement of poles along those lines in addition the

3494
02:42:22,030 --> 02:42:24,100
electric easement took up a

3495
02:42:24,100 --> 02:42:27,479
little bit of green space or that pink space the yellow

3496
02:42:27,479 --> 02:42:28,860
space is a common access

3497
02:42:28,860 --> 02:42:32,729
easement the colored space to the left is setbacks and the

3498
02:42:32,729 --> 02:42:34,180
crossed hatch strip

3499
02:42:34,180 --> 02:42:37,239
that almost goes completely across the middle that's the

3500
02:42:37,239 --> 02:42:37,979
area that's available

3501
02:42:37,979 --> 02:42:44,059
for constructing a building this was in set up by a plant

3502
02:42:44,059 --> 02:42:45,540
that was intended to

3503
02:42:45,540 --> 02:42:49,110
show the set the pattern for development from the south to

3504
02:42:49,110 --> 02:42:50,219
the north with the

3505
02:42:50,219 --> 02:42:52,829
easements already on it brought this plant just as an

3506
02:42:52,829 --> 02:42:53,860
example of that this

3507
02:42:53,860 --> 02:42:57,360
was actually a replant even though it says final plat you

3508
02:42:57,360 --> 02:42:58,219
can see one of the

3509
02:42:58,219 --> 02:43:01,709
lots is numbered one are symbolizing a replant replant

3510
02:43:01,709 --> 02:43:02,780
final plat for all

3511
02:43:02,780 --> 02:43:06,510
practical purposes is the same thing this is the site plan

3512
02:43:06,510 --> 02:43:07,700
that we developed

3513
02:43:07,700 --> 02:43:11,100
it has the building in the middle of that strip we have

3514
02:43:11,100 --> 02:43:12,459
some parking to the

3515
02:43:12,459 --> 02:43:16,180
right this site could not handle enough parking however

3516
02:43:16,180 --> 02:43:17,659
there is a shared

3517
02:43:17,659 --> 02:43:21,020
parking arrangement with the property owner to the south

3518
02:43:21,020 --> 02:43:22,500
the maximum use of

3519
02:43:22,500 --> 02:43:25,760
that property would be medical which would be one space for

3520
02:43:25,760 --> 02:43:27,100
200 square feet

3521
02:43:27,100 --> 02:43:33,129
that would require 25 spaces they have 39 that leaves I got

3522
02:43:33,129 --> 02:43:34,780
that right 17

3523
02:43:34,780 --> 02:43:40,280
leftover and we're gonna be using up to at least 15 left

3524
02:43:40,280 --> 02:43:42,299
over we're gonna use

3525
02:43:42,299 --> 02:43:46,819
up to to bring the dry ball through so we'll have 12 spaces

3526
02:43:46,819 --> 02:43:47,420
available to us

3527
02:43:47,420 --> 02:43:50,540
and we only need 10 to make up the parking on our space

3528
02:43:50,540 --> 02:43:51,659
additionally the

3529
02:43:51,659 --> 02:43:55,020
parking in front we're doing with pervious pavers to

3530
02:43:55,020 --> 02:43:56,260
enhance the landscape

3531
02:43:56,260 --> 02:44:00,440
characteristics of it if you look at our site let me see if

3532
02:44:00,440 --> 02:44:01,459
I can manage this

3533
02:44:01,459 --> 02:44:04,659
that's an existing residence it's on the northern part of

3534
02:44:04,659 --> 02:44:05,819
our site vacant land

3535
02:44:05,819 --> 02:44:12,610
in between that residents will go away body bray is really

3536
02:44:12,610 --> 02:44:13,899
not conducive to

3537
02:44:13,899 --> 02:44:16,569
have residences along it particularly with the drives that

3538
02:44:16,569 --> 02:44:17,620
back out we feel

3539
02:44:17,620 --> 02:44:20,840
like this is a reasonable and responsible transition it

3540
02:44:20,840 --> 02:44:21,540
wouldn't be

3541
02:44:21,540 --> 02:44:26,159
the better homes this is the alleyway that's between the

3542
02:44:26,159 --> 02:44:27,180
property behind us

3543
02:44:27,180 --> 02:44:32,420
and our site people have built homes have built fences on

3544
02:44:32,420 --> 02:44:33,860
either side but you

3545
02:44:33,860 --> 02:44:36,540
can see the alley coming through people have put a few

3546
02:44:36,540 --> 02:44:38,059
trees here and there and

3547
02:44:38,059 --> 02:44:40,889
then we've got Bonnie brave this can be widened in the

3548
02:44:40,889 --> 02:44:42,020
future an electric

3549
02:44:42,020 --> 02:44:45,409
substation we actually feel that our whole tight site in

3550
02:44:45,409 --> 02:44:46,500
its entirety is a

3551
02:44:46,500 --> 02:44:49,909
bit of a buffer between the backyards of the residential

3552
02:44:49,909 --> 02:44:50,979
areas and what's

3553
02:44:50,979 --> 02:44:55,510
happening the activity on Bonnie Bray Street itself these

3554
02:44:55,510 --> 02:44:56,780
are some pictures

3555
02:44:56,780 --> 02:45:00,379
that's the church that's the house to the north of the

3556
02:45:00,379 --> 02:45:01,620
church that is the

3557
02:45:01,620 --> 02:45:04,510
medical building immediately south of us they have a little

3558
02:45:04,510 --> 02:45:05,420
bit of a burn with

3559
02:45:05,420 --> 02:45:09,969
some landscaping a tree there we think what we're doing is

3560
02:45:09,969 --> 02:45:11,260
carrying forward

3561
02:45:11,260 --> 02:45:14,149
what has been done to the south but taking it up several

3562
02:45:14,149 --> 02:45:15,180
notches not just a

3563
02:45:15,180 --> 02:45:21,850
single notch the building residential side I'm not sure

3564
02:45:21,850 --> 02:45:22,299
that's the best

3565
02:45:22,299 --> 02:45:25,360
terminology I mean we're looking at a 4,000 4200 square

3566
02:45:25,360 --> 02:45:26,059
foot building that's a

3567
02:45:26,059 --> 02:45:29,649
big house it's 30 feet tall which could be equivalent to a

3568
02:45:29,649 --> 02:45:31,379
two-story house when

3569
02:45:31,379 --> 02:45:35,129
we say it's single-story we're not trying to imply the

3570
02:45:35,129 --> 02:45:36,139
height of the

3571
02:45:36,139 --> 02:45:39,200
building so much fact we think the height helps break a

3572
02:45:39,200 --> 02:45:39,899
buffer to the

3573
02:45:39,899 --> 02:45:43,120
substation and the tall transmission poles are in front but

3574
02:45:43,120 --> 02:45:44,420
rather the fact

3575
02:45:44,420 --> 02:45:47,579
that there's not going to be anybody on the second floor

3576
02:45:47,579 --> 02:45:48,299
there's not going to be

3577
02:45:48,299 --> 02:45:50,879
people up there that can look over the fences into the back

3578
02:45:50,879 --> 02:45:51,700
of the neighboring

3579
02:45:51,700 --> 02:45:54,520
property so we're going to avoid that we're trying to put

3580
02:45:54,520 --> 02:45:55,540
some architecture

3581
02:45:55,540 --> 02:45:58,610
front back and sides that meet the city requirements we

3582
02:45:58,610 --> 02:45:59,540
think the building

3583
02:45:59,540 --> 02:46:03,069
itself is an enhancement to the site as to other uses that

3584
02:46:03,069 --> 02:46:04,260
could be put there

3585
02:46:04,260 --> 02:46:09,450
regardless a deviation table I don't even though we list

3586
02:46:09,450 --> 02:46:10,299
the four things we're

3587
02:46:10,299 --> 02:46:13,899
getting a deviation from we're not trying to go tit-for-tat

3588
02:46:13,899 --> 02:46:14,620
we're not going

3589
02:46:14,620 --> 02:46:16,870
straight across and saying well to alleviate this we're

3590
02:46:16,870 --> 02:46:17,659
going to do these

3591
02:46:17,659 --> 02:46:21,389
things we're trying as the code says put up a quality site

3592
02:46:21,389 --> 02:46:22,739
so that site is a

3593
02:46:22,739 --> 02:46:26,469
combination of things including the plantings one of the

3594
02:46:26,469 --> 02:46:27,860
reasons we didn't

3595
02:46:27,860 --> 02:46:31,729
go with as many trees as we could in the back is we didn't

3596
02:46:31,729 --> 02:46:32,579
feel like they would

3597
02:46:32,579 --> 02:46:35,979
accomplish it that much with the architecture of the

3598
02:46:35,979 --> 02:46:37,260
building leaving

3599
02:46:37,260 --> 02:46:39,979
some tree spacing some room to get around the electric

3600
02:46:39,979 --> 02:46:41,059
lines we felt like

3601
02:46:41,059 --> 02:46:45,229
that provided an architectural pleasing vintage versus

3602
02:46:45,229 --> 02:46:46,780
trying to come in and just

3603
02:46:46,780 --> 02:46:49,389
pack the place with trees not be able to grow grass

3604
02:46:49,389 --> 02:46:51,219
underneath not doing shrubs

3605
02:46:51,219 --> 02:46:54,000
because there's already six foot privacy fence and those

3606
02:46:54,000 --> 02:46:55,020
wouldn't you wouldn't

3607
02:46:55,020 --> 02:46:57,340
see them from the back the people they're trying to buffer

3608
02:46:57,340 --> 02:46:58,700
we did act add

3609
02:46:58,700 --> 02:47:01,500
an extra tree in the front because that was an opportunity

3610
02:47:01,500 --> 02:47:02,780
felt like it would do

3611
02:47:02,780 --> 02:47:05,479
more and also because with the trees allowed in the

3612
02:47:05,479 --> 02:47:06,780
electric easement they're

3613
02:47:06,780 --> 02:47:09,840
smaller than normal so that helped alleviate part of that

3614
02:47:09,840 --> 02:47:10,659
condition as well

3615
02:47:10,659 --> 02:47:15,950
trying to go for a quality site overall to meet the intent

3616
02:47:15,950 --> 02:47:18,340
of the code this is

3617
02:47:18,340 --> 02:47:21,700
not the most extreme use allowed for that location

3618
02:47:21,700 --> 02:47:23,139
therefore we didn't we

3619
02:47:23,139 --> 02:47:27,219
think that it needed the most extreme extreme version of

3620
02:47:27,219 --> 02:47:28,139
buffers and

3621
02:47:28,139 --> 02:47:31,569
enhancements etc that could be there it's not like we're

3622
02:47:31,569 --> 02:47:32,620
coming in with a

3623
02:47:32,620 --> 02:47:35,829
large grocery store mechanical equipment we're coming in

3624
02:47:35,829 --> 02:47:36,659
with something a little

3625
02:47:36,659 --> 02:47:39,930
more residential in nature and appearance is compatible it

3626
02:47:39,930 --> 02:47:40,579
works a good

3627
02:47:40,579 --> 02:47:44,770
transition architecturally size wise scale wise appearance

3628
02:47:44,770 --> 02:47:45,860
wise between the

3629
02:47:45,860 --> 02:47:49,250
backyards of residences that have been established for

3630
02:47:49,250 --> 02:47:51,100
quite a while a 15-foot

3631
02:47:51,100 --> 02:47:54,819
alley a 15-foot easement with trees in it then a building

3632
02:47:54,819 --> 02:47:56,420
then going to parking in

3633
02:47:56,420 --> 02:47:59,479
the front we looked at putting parking in the back but a

3634
02:47:59,479 --> 02:48:01,100
parking lot with

3635
02:48:01,100 --> 02:48:04,850
parking spaces on both sides require 60 feet so that eats

3636
02:48:04,850 --> 02:48:05,899
way into our

3637
02:48:05,899 --> 02:48:08,959
development I'm not trying to read through the list but I

3638
02:48:08,959 --> 02:48:09,620
believe that we

3639
02:48:09,620 --> 02:48:13,969
have at least in for the most part met the city's desires

3640
02:48:13,969 --> 02:48:14,940
to have a quality

3641
02:48:14,940 --> 02:48:18,360
development as an alternative development plan and address

3642
02:48:18,360 --> 02:48:19,100
the intended

3643
02:48:19,100 --> 02:48:21,510
purposes and desires of the code in the context of the

3644
02:48:21,510 --> 02:48:22,620
neighborhood that we're

3645
02:48:22,620 --> 02:48:26,100
developing in I'll be like yes I got it here questions if

3646
02:48:26,100 --> 02:48:27,139
you have any I'll be

3647
02:48:27,139 --> 02:48:30,290
glad to try and answer we do have a couple commissioner

3648
02:48:30,290 --> 02:48:31,059
back thank you vice

3649
02:48:31,059 --> 02:48:34,659
chair thank you Lee for your great presentation as usual

3650
02:48:34,659 --> 02:48:35,540
very good

3651
02:48:35,540 --> 02:48:39,700
presentation couldn't help but notice you were kind of

3652
02:48:39,700 --> 02:48:40,819
moving slow coming down

3653
02:48:40,819 --> 02:48:43,979
those stairs tonight I just want to let you know I feel

3654
02:48:43,979 --> 02:48:45,420
your pain buddy so

3655
02:48:45,420 --> 02:48:48,030
signed me up for Camp gladiator within a week I had a

3656
02:48:48,030 --> 02:48:49,219
pulled muscle and I moved

3657
02:48:49,219 --> 02:48:53,860
to the top of the list most likely to be eaten by the lions

3658
02:48:57,780 --> 02:49:02,469
didn't notice I went over looked at the lot and I think

3659
02:49:02,469 --> 02:49:03,979
this this development's

3660
02:49:03,979 --> 02:49:06,739
gonna fit it right in the fact that you're doing a lot more

3661
02:49:06,739 --> 02:49:08,899
to buffer the

3662
02:49:08,899 --> 02:49:13,420
appearance of it and create that buffer for the parking

3663
02:49:13,420 --> 02:49:14,899
areas there was some

3664
02:49:14,899 --> 02:49:18,159
trees some very nice-looking trees they look like they were

3665
02:49:18,159 --> 02:49:19,180
on that very back

3666
02:49:19,180 --> 02:49:22,340
line back there but are they gonna have to come down they

3667
02:49:22,340 --> 02:49:23,299
were some nice

3668
02:49:23,299 --> 02:49:28,020
canopy trees they weren't some of our grace I believe I

3669
02:49:28,020 --> 02:49:28,819
thought they were

3670
02:49:28,819 --> 02:49:33,700
hickory trees I could be wrong but the fact that you're

3671
02:49:33,700 --> 02:49:34,700
sliding trees I thought

3672
02:49:34,700 --> 02:49:43,110
those things were right on the line could you put that

3673
02:49:43,110 --> 02:49:44,979
picture back up that

3674
02:49:44,979 --> 02:49:51,770
actually showed it from a sky view oh yeah yeah get on the

3675
02:49:51,770 --> 02:49:53,459
house there that

3676
02:49:53,459 --> 02:49:56,629
you're gonna take oh we were trying this one what happened

3677
02:49:56,629 --> 02:49:57,799
because the dumpster

3678
02:49:57,799 --> 02:50:00,159
regulations we couldn't be out in front so we had to push

3679
02:50:00,159 --> 02:50:01,180
it further back and I

3680
02:50:01,180 --> 02:50:03,430
think our dumpster got okay so it is gonna push against

3681
02:50:03,430 --> 02:50:04,139
where you're gonna

3682
02:50:04,139 --> 02:50:07,870
have to pull those trees down but still have to put trees

3683
02:50:07,870 --> 02:50:08,860
up okay all right just

3684
02:50:08,860 --> 02:50:11,920
thought I'd check on that thank you Commissioner Sullivan

3685
02:50:11,920 --> 02:50:12,899
thank you vice

3686
02:50:12,899 --> 02:50:16,159
chair when I initially saw this I thought to myself it's

3687
02:50:16,159 --> 02:50:17,059
kind of like the

3688
02:50:17,059 --> 02:50:21,139
people who go into a house buy a house take out all the

3689
02:50:21,139 --> 02:50:22,500
carpet all the wood

3690
02:50:22,500 --> 02:50:27,020
flooring redo the kitchen redo the living room do all the

3691
02:50:27,020 --> 02:50:27,620
study going why

3692
02:50:27,620 --> 02:50:30,040
did you buy the house if you're gonna be doing all these

3693
02:50:30,040 --> 02:50:31,299
changes and that's the

3694
02:50:31,299 --> 02:50:34,360
way I looked at this from the standpoint of well you didn't

3695
02:50:34,360 --> 02:50:35,260
want to do this code

3696
02:50:35,260 --> 02:50:38,040
you didn't want to do that code I'm thinking well maybe

3697
02:50:38,040 --> 02:50:39,040
this isn't the lot

3698
02:50:39,040 --> 02:50:42,540
for you you know kind of a thing but then when I heard the

3699
02:50:42,540 --> 02:50:43,819
history of it the

3700
02:50:43,819 --> 02:50:48,340
fact that zoning changed and that's why y'all have to have

3701
02:50:48,340 --> 02:50:49,299
back parking is to

3702
02:50:49,299 --> 02:50:53,100
the front parking like everybody else it made sense to me

3703
02:50:53,100 --> 02:50:55,940
and so and even your

3704
02:50:55,940 --> 02:50:58,819
explanation about because I think I made the comment about

3705
02:50:58,819 --> 02:51:00,100
why not the trees in

3706
02:51:00,100 --> 02:51:03,350
back if you know everybody else has trees but I understand

3707
02:51:03,350 --> 02:51:04,180
your point of

3708
02:51:04,180 --> 02:51:07,870
view so I think that looking at what you have to work with

3709
02:51:07,870 --> 02:51:09,260
and the fact that it

3710
02:51:09,260 --> 02:51:13,809
is sort of an oddball zoning situation that was changed

3711
02:51:13,809 --> 02:51:17,340
after the fact that it

3712
02:51:17,340 --> 02:51:20,469
looks like you've got a fairly good plan my only my biggest

3713
02:51:20,469 --> 02:51:21,659
concern is the the

3714
02:51:21,659 --> 02:51:25,260
parking to the south I mean what kind of an agreement y'all

3715
02:51:25,260 --> 02:51:26,739
have with those

3716
02:51:26,739 --> 02:51:29,850
people I mean at some point can they get mad and put a

3717
02:51:29,850 --> 02:51:31,340
fence up and say you can't

3718
02:51:31,340 --> 02:51:35,879
park over here anymore I have been told that there is a

3719
02:51:35,879 --> 02:51:37,260
written agreement and we

3720
02:51:37,260 --> 02:51:40,139
will need to provide that written agreement with our site

3721
02:51:40,139 --> 02:51:40,940
plan process to

3722
02:51:40,940 --> 02:51:43,549
confirm that but my understanding is a written agreement

3723
02:51:43,549 --> 02:51:44,340
and it travels with

3724
02:51:44,340 --> 02:51:47,559
the property and they whether there's a fence or not we can

3725
02:51:47,559 --> 02:51:48,340
always use that

3726
02:51:48,340 --> 02:51:51,219
common access easement that goes across the front of both

3727
02:51:51,219 --> 02:51:52,299
to get over there to

3728
02:51:52,299 --> 02:51:57,709
access those spaces okay thank you I did not see any other

3729
02:51:57,709 --> 02:51:58,180
questions thank you

3730
02:51:58,180 --> 02:52:04,209
very much thank you the vice chair will entertain any

3731
02:52:04,209 --> 02:52:05,299
motion or there is

3732
02:52:05,299 --> 02:52:09,299
opportunity to discuss coach Alice thank you vice chair I

3733
02:52:09,299 --> 02:52:10,299
move approval

3734
02:52:10,299 --> 02:52:15,700
Mr. Smith I second we have a first and a second seeing no

3735
02:52:15,700 --> 02:52:17,579
discussion call for a

3736
02:52:17,579 --> 02:52:20,620
vote on the board

3737
02:52:22,299 --> 02:52:35,500
vote passes 6-0 congratulations that will take us to our

3738
02:52:35,500 --> 02:52:37,540
public hearing first

3739
02:52:37,540 --> 02:52:44,379
item and only item is 5 a HL 18 - 0 0 1 I will open the

3740
02:52:44,379 --> 02:52:46,819
public hearing and Romans

3741
02:52:46,819 --> 02:53:06,680
already here thank you chair and members of the Commission

3742
02:53:06,680 --> 02:53:08,739
I have a request here

3743
02:53:08,739 --> 02:53:12,909
for a historic landmark designation of a house located at

3744
02:53:12,909 --> 02:53:15,739
607 East College Street

3745
02:53:15,739 --> 02:53:19,360
this is a map of the area this property is located just to

3746
02:53:19,360 --> 02:53:20,540
the east of Texas

3747
02:53:20,540 --> 02:53:25,120
women's University and these pictures really speak for

3748
02:53:25,120 --> 02:53:27,500
themselves you the

3749
02:53:27,500 --> 02:53:30,299
house as it is today is on the right hand side and as it

3750
02:53:30,299 --> 02:53:31,579
was acquired it was

3751
02:53:31,579 --> 02:53:36,100
on the left the owners have initiated this request and it

3752
02:53:36,100 --> 02:53:38,100
is fully rehabilitated

3753
02:53:38,100 --> 02:53:41,510
property and property and owner occupied and it does meet

3754
02:53:41,510 --> 02:53:42,780
the criteria several

3755
02:53:42,780 --> 02:53:45,909
the criteria for designation as you can see from these

3756
02:53:45,909 --> 02:53:47,340
photographs the owners

3757
02:53:47,340 --> 02:53:51,889
have put a lot of care into this property the restorative

3758
02:53:51,889 --> 02:53:52,620
restoration

3759
02:53:52,620 --> 02:53:55,680
work was done very very well for this home to be around for

3760
02:53:55,680 --> 02:53:57,459
a lot longer this

3761
02:53:57,459 --> 02:54:01,200
home was built prior to 1926 in the Prairie craftsman style

3762
02:54:01,200 --> 02:54:02,500
has been owned by

3763
02:54:02,500 --> 02:54:07,780
the Boyd family for 70 some odd years and we did a lot of

3764
02:54:07,780 --> 02:54:09,600
research trying to

3765
02:54:09,600 --> 02:54:12,659
pinpoint act who actually built it was either built by jh

3766
02:54:12,659 --> 02:54:14,059
and Mary Pearl Boyd or

3767
02:54:14,059 --> 02:54:18,290
by Henry Stevens there was a loan that was assumed by mr.

3768
02:54:18,290 --> 02:54:19,540
Boyd and with an

3769
02:54:19,540 --> 02:54:23,229
agreement that insurance be maintained on this site if if a

3770
02:54:23,229 --> 02:54:24,540
property was built

3771
02:54:24,540 --> 02:54:26,770
there so it happened around that time so as you can see

3772
02:54:26,770 --> 02:54:27,940
from these photos again

3773
02:54:27,940 --> 02:54:32,149
the east the west side of the house it's beautifully all

3774
02:54:32,149 --> 02:54:33,860
redone the addition that

3775
02:54:33,860 --> 02:54:36,620
you see in the very far back there was done in the in the

3776
02:54:36,620 --> 02:54:39,180
50s we believe and

3777
02:54:39,180 --> 02:54:43,370
the other alteration was at the front porch here as you see

3778
02:54:43,370 --> 02:54:44,579
it on the east on

3779
02:54:44,579 --> 02:54:47,459
the right hand side of your image that porch was extended

3780
02:54:47,459 --> 02:54:49,340
this is how appeared

3781
02:54:49,340 --> 02:54:52,700
when it was acquired so you can tell that has a lot greater

3782
02:54:52,700 --> 02:54:53,739
street presence

3783
02:54:53,739 --> 02:54:56,750
today this shows the level of work and care put in and the

3784
02:54:56,750 --> 02:54:58,139
siding was all me

3785
02:54:58,139 --> 02:55:02,889
all the siding except for the lower portion where the brick

3786
02:55:02,889 --> 02:55:04,219
is is original

3787
02:55:04,219 --> 02:55:07,940
and the windows are all original and they were all restored

3788
02:55:07,940 --> 02:55:09,299
as well it was an

3789
02:55:09,299 --> 02:55:14,709
extensive work on the porch and there's the rear elevation

3790
02:55:14,709 --> 02:55:16,899
here the interior was

3791
02:55:16,899 --> 02:55:20,770
also completely dead done redone and modernized this area

3792
02:55:20,770 --> 02:55:22,459
of town in the

3793
02:55:22,459 --> 02:55:26,420
1996 historic resource survey of Denton was mentioned as an

3794
02:55:26,420 --> 02:55:27,260
area that could be

3795
02:55:27,260 --> 02:55:30,110
considered for an historic district though there's a

3796
02:55:30,110 --> 02:55:31,459
mention that there is

3797
02:55:31,459 --> 02:55:34,069
some of the integrity of the neighborhood had been lost but

3798
02:55:34,069 --> 02:55:34,340
there are

3799
02:55:34,340 --> 02:55:39,040
still a few homes remaining in the area this is one of them

3800
02:55:39,040 --> 02:55:40,500
and that's one of

3801
02:55:40,500 --> 02:55:43,329
the reasons it qualifies for designation the other is that

3802
02:55:43,329 --> 02:55:44,780
the Boyd family was

3803
02:55:44,780 --> 02:55:47,540
very prominent in Houston and I'm sorry in Houston in Dent

3804
02:55:47,540 --> 02:55:50,340
on and there's a little

3805
02:55:50,340 --> 02:55:53,399
history you can in the newspaper back then we they write a

3806
02:55:53,399 --> 02:55:54,260
lot about a lot of

3807
02:55:54,260 --> 02:55:57,379
things including actually a bankruptcy of mr. Boyd here but

3808
02:55:57,379 --> 02:55:58,260
the main thing is

3809
02:55:58,260 --> 02:56:02,809
that they had two daughters who were who went off to

3810
02:56:02,809 --> 02:56:05,819
college and were

3811
02:56:05,819 --> 02:56:08,879
influential in the city one of them becoming a Dean I'll

3812
02:56:08,879 --> 02:56:09,659
show you in just a

3813
02:56:09,659 --> 02:56:12,719
bit the the other thing I just want to mention here this

3814
02:56:12,719 --> 02:56:13,579
house was thought to

3815
02:56:13,579 --> 02:56:17,450
have been built by judge Boyd who we landmarked a house on

3816
02:56:17,450 --> 02:56:19,059
North Bell near

3817
02:56:19,059 --> 02:56:22,120
Sherman very recently by judge Bill that the thought was

3818
02:56:22,120 --> 02:56:23,379
that he built this home

3819
02:56:23,379 --> 02:56:26,659
for his daughters but it was actually just completely

3820
02:56:26,659 --> 02:56:28,299
unrelated mr. Boyd this

3821
02:56:28,299 --> 02:56:30,909
is a home in Dallas that still exists that we know from the

3822
02:56:30,909 --> 02:56:32,620
news articles that

3823
02:56:32,620 --> 02:56:37,500
Eleanor Boyd lived in when she was in Dallas teaching on

3824
02:56:37,500 --> 02:56:39,180
the left here are a

3825
02:56:39,180 --> 02:56:43,120
couple of images to fraternal organizations that mr. Boyd

3826
02:56:43,120 --> 02:56:43,819
was active

3827
02:56:43,819 --> 02:56:47,510
in and on the right you see that Eleanor Boyd became a

3828
02:56:47,510 --> 02:56:48,540
member of George

3829
02:56:48,540 --> 02:56:53,059
Washington University's faculty and then later the Dean of

3830
02:56:53,059 --> 02:56:53,860
Women at Texas at West

3831
02:56:53,860 --> 02:57:00,649
Texas State College then a little later in September 55 we

3832
02:57:00,649 --> 02:57:01,459
see that mr. Boyd was

3833
02:57:01,459 --> 02:57:04,180
up in New York visiting a brother who was a reverend and

3834
02:57:04,180 --> 02:57:05,219
another brother in

3835
02:57:05,219 --> 02:57:09,459
Geneva New York as you see from the pictures the home meets

3836
02:57:09,459 --> 02:57:10,020
a number of

3837
02:57:10,020 --> 02:57:14,590
qualifications to be considered historic property the

3838
02:57:14,590 --> 02:57:16,700
really number 12 and 13 are

3839
02:57:16,700 --> 02:57:20,120
most clear here value as an aspect of community pride and a

3840
02:57:20,120 --> 02:57:20,899
building or

3841
02:57:20,899 --> 02:57:23,680
structure that due to its location has become a value to

3842
02:57:23,680 --> 02:57:24,659
the neighborhood

3843
02:57:24,659 --> 02:57:30,379
community or the city and we sent out notices to 200 feet

3844
02:57:30,379 --> 02:57:32,379
and 500 feet we

3845
02:57:32,379 --> 02:57:36,110
didn't receive any negatives back we did receive one

3846
02:57:36,110 --> 02:57:38,059
request of a neighbor who

3847
02:57:38,059 --> 02:57:41,680
wants to landmark their property so there's no opposition

3848
02:57:41,680 --> 02:57:42,940
to this designation

3849
02:57:42,940 --> 02:57:45,790
and we recommend that the planning and zoning Commission

3850
02:57:45,790 --> 02:57:47,020
recommend designation

3851
02:57:47,020 --> 02:57:51,860
to the City Council I'll take any questions

3852
02:57:52,100 --> 02:57:59,329
I don't see any questions it is a public hearing you can

3853
02:57:59,329 --> 02:58:02,260
come to the mic

3854
02:58:02,260 --> 02:58:07,340
but for those of my old roommate sisters house can you

3855
02:58:07,340 --> 02:58:08,459
state your name and your

3856
02:58:08,459 --> 02:58:13,000
address my name is Wendy Roush I live on 418 Maple Street I

3857
02:58:13,000 --> 02:58:13,940
feel like my old

3858
02:58:13,940 --> 02:58:16,799
roommate sister lived in this house did they perhaps rented

3859
02:58:16,799 --> 02:58:18,860
in the 90s and if it

3860
02:58:18,860 --> 02:58:22,610
is and it was it was built for someone nicer well-to-do man

3861
02:58:22,610 --> 02:58:24,139
's two daughters it

3862
02:58:24,139 --> 02:58:27,200
had beautiful work inside it and it was a lovely house and

3863
02:58:27,200 --> 02:58:27,860
that's like the

3864
02:58:27,860 --> 02:58:30,920
inside the windows were like is that the house I don't

3865
02:58:30,920 --> 02:58:31,940
think this house was ever

3866
02:58:31,940 --> 02:58:35,170
used as a rental property that might have been one because

3867
02:58:35,170 --> 02:58:37,940
this went from the Boyd family who had it for 70

3868
02:58:37,940 --> 02:58:41,809
years to the current owners who rehabilitated it but it was

3869
02:58:41,809 --> 02:58:42,739
in that 600

3870
02:58:42,739 --> 02:58:44,950
block of college it was further they'd build it for their

3871
02:58:44,950 --> 02:58:45,739
daughter so they'd

3872
02:58:45,739 --> 02:58:47,920
actually done a room so maybe it's another house near it

3873
02:58:47,920 --> 02:58:48,659
that was also

3874
02:58:48,659 --> 02:58:59,379
built very nicely so thanks for the comment Wendy just I

3875
02:58:59,379 --> 02:59:00,260
have to request

3876
02:59:00,260 --> 02:59:02,629
for you to fill out a card for the items that you've now

3877
02:59:02,629 --> 02:59:04,219
spoken if you could

3878
02:59:04,219 --> 02:59:12,700
jot that one thank thank you I do not see any questions for

3879
02:59:12,700 --> 02:59:13,299
Roman is there any

3880
02:59:13,299 --> 02:59:16,360
discussion where the vice chair will entertain a motion

3881
02:59:16,360 --> 02:59:17,500
Commissioner Ellis

3882
02:59:17,500 --> 02:59:21,370
thank you vice chair I will make a motion to approve and

3883
02:59:21,370 --> 02:59:22,219
thank you Roman

3884
02:59:22,219 --> 02:59:27,030
for a wonderful as always presentation Commissioner Smith I

3885
02:59:27,030 --> 02:59:28,899
'll make a second

3886
02:59:28,899 --> 02:59:32,620
only because of Wendy Roush's comments we do have a first

3887
02:59:32,620 --> 02:59:34,139
and a second I do not

3888
02:59:34,139 --> 02:59:38,209
see any requests for discussion Roman as always thanks for

3889
02:59:38,209 --> 02:59:38,860
the presentation of

3890
02:59:38,860 --> 02:59:41,620
these these are the easiest votes I feel on the Commission

3891
02:59:41,620 --> 02:59:42,899
besides one earlier

3892
02:59:42,899 --> 02:59:45,280
that one was the easiest this one's the second easiest of

3893
02:59:45,280 --> 02:59:47,100
the night but it is a

3894
02:59:47,100 --> 02:59:52,299
joy to approve this and we'll call for vote of the board

3895
02:59:58,340 --> 03:00:06,139
motion passes 6-0 that takes us to our planning zoning

3896
03:00:06,139 --> 03:00:09,340
Commission matrix and

3897
03:00:09,340 --> 03:00:16,760
you wouldn't have any I have one it seems as though it

3898
03:00:16,760 --> 03:00:19,299
would have been

3899
03:00:19,299 --> 03:00:23,819
extremely helpful just for the the purpose of understanding

3900
03:00:23,819 --> 03:00:25,180
a gen item 4a

3901
03:00:25,180 --> 03:00:29,979
this evening to have had access to the previous ADP it

3902
03:00:29,979 --> 03:00:30,700
seemed like we talked

3903
03:00:30,700 --> 03:00:32,899
for an hour only to find out that the ADP said that they

3904
03:00:32,899 --> 03:00:33,540
were capped at

3905
03:00:33,540 --> 03:00:38,069
parking so maybe if there is in the future pertinent

3906
03:00:38,069 --> 03:00:39,139
historical documents

3907
03:00:39,139 --> 03:00:43,719
relevant to the item that might be it would be helpful for

3908
03:00:43,719 --> 03:00:45,139
me to have have

3909
03:00:45,139 --> 03:00:50,700
access to that or a link to go get it so that's all I have

3910
03:00:52,819 --> 03:01:00,690
any other points of note for the matrix with that we will

3911
03:01:00,690 --> 03:01:02,780
close our public

3912
03:01:02,780 --> 03:01:06,579
hearing at 853